NY State Assembly Bill 2017-A3006B

Assembly Bill A3006B

Signed By Governor

2017-2018 Legislative Session

Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for the 2017-2018 state fiscal year

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Archive: Last Bill Status Via S2006 - 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2017	signed chap.56
Apr 09, 2017	delivered to governor
Apr 05, 2017	returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.38 substituted for a3006c
Apr 05, 2017	substituted by s2006c rules report cal.38 reported reported referred to rules
Apr 04, 2017	print number 3006c
Apr 04, 2017	amend (t) and recommit to ways and means
Mar 13, 2017	print number 3006b
Mar 13, 2017	amend (t) and recommit to ways and means
Feb 17, 2017	print number 3006a
Feb 17, 2017	amend (t) and recommit to ways and means
Jan 23, 2017	referred to ways and means

Votes

- Apr 4, 2017 - Floor Vote
  S2006
  
  59
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 4, 2017
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Rivera
      
      absent (1)
      
      Diaz
      
      excused (1)
      
      Krueger

Bill Amendments

Original

C (Active)

2017-A3006 - Details

Law Section:: Budget Bills

2017-A3006 - Summary

Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2017-2018 state fiscal year; relates to the education of homeless children (Part C); relates to extending funding for children and family services (Subpart A); and relates to restructuring financing for residential school placements (Subpart B)

2017-A3006 - 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 23, 2017
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence and the apportionment of public moneys; to amend  the  education
   law, in relation to requiring the commissioner of education to include
   certain  information  in the official score report of all students; to
   amend the education law, in relation to textbooks; to amend the educa-
   tion law, in relation to a weapon or firearm  on  school  grounds;  to
   amend  the  education  law,  in  relation  to English language learner
   pupils; in relation to direct certification data; to amend the  educa-
   tion law, in relation to the census count; to amend the education law,
   in  relation  to  the computation of the state sharing ratio; to amend
   the education law, in relation to the operating amount per  pupil;  to
   amend the education law, in relation to the operating amount per pupil
   for  certain  kindergarten  programs;  to  amend the education law, in
   relation to total foundation aid;  to  amend  the  education  law,  in
   relation  to  community  school  aid;  to  amend the education law, in
   relation to building aid; to amend the education law, in  relation  to
   academic  enhancement  aid; to amend the education law, in relation to
   high tax aid; to amend the education law,  in  relation  to  universal
   pre-kindergarten  aid;  to amend the education law, in relation to the
   statewide universal full-day pre-kindergarten program;  to  amend  the
   education  law,  in  relation  to  state aid adjustments; to amend the
   education law,  in  relation  to  the  teachers  of  tomorrow  teacher
   recruitment  and  retention  program;  to  amend the education law, in
   relation  to  class  sizes  for  special  classes  containing  certain
   students  with disabilities; 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 suspen-
   sion of pupils who bring a firearm  to  or  possess  a  firearm  at  a
   school,  in relation to the effectiveness thereof; to amend the educa-
   tion law, in relation to the special  needs  of  gifted  students;  to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-01-7

 S. 2006                             2                            A. 3006
 
   amend  the  general municipal law, in relation to the purchase of food
   by school districts; to amend chapter 472 of the laws of 1998,  amend-
   ing  the education law relating to the lease of school buses by school
   districts,  in relation to the effectiveness thereof; to amend chapter
   82 of the laws of 1995, amending the education law and  certain  other
   laws  relating  to state aid to school districts and the appropriation
   of funds for the support of government, in relation to the  effective-
   ness  thereof;  to  amend  chapter 91 of the laws of 2002 amending the
   education law and other laws relating to the reorganization of the New
   York city school construction authority, board of education and commu-
   nity boards, in relation to the effectiveness thereof; to amend  chap-
   ter  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
   the effectiveness thereof; to amend chapter 345 of the  laws  of  2009
   amending  the  education  law  and other laws relating to the New York
   city board of education, chancellor, community councils, and community
   superintendents, in relation to the effectiveness  thereof;  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 2017-2018
   school year; to amend chapter 756 of the laws  of  1992,  relating  to
   funding a program for work force education conducted by the consortium
   for  worker  education  in New York city, in relation to withholding a
   portion of employment preparation education aid and in relation to the
   effectiveness thereof; to amend chapter 89 of the laws of 2016, relat-
   ing to supplementary funding for dedicated programs for public  school
   students  in  the  East Ramapo central school district, in relation to
   reimbursement to such school district and in relation  to  the  effec-
   tiveness  thereof;  to amend chapter 147 of the laws of 2001, amending
   the education  law  relating  to  conditional  appointment  of  school
   district, charter school or BOCES employees, in relation to the effec-
   tiveness  thereof;  relating to school bus driver training; relates to
   special apportionment for salary expenses and public pension accruals;
   relates to suballocations of  appropriations;  relating  to  the  city
   school  district of the city of Rochester; relates to total foundation
   aid for the purpose of the development, maintenance  or  expansion  of
   certain  magnet  schools  or  magnet school programs for the 2017-2018
   school year; and relates to the support of public libraries (Part  A);
   to amend the education law, in relation to the establishment of Recov-
   ery  High  Schools by boards of cooperative educational services (Part
   B); to amend the education law, in relation to the education of  home-
   less  children  (Part  C);  to amend the education law, in relation to
   establishing the excelsior scholarship (Part D); to amend  the  educa-
   tion  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 E); to amend the education law, in relation  to  the
   tuition  assistance  program  (Part F); to amend the education law, in
   relation to the NY-SUNY 2020 challenge grant program act; and to amend
   chapter 260 of the laws of 2011, amending the education  law  and  the

 S. 2006                             3                            A. 3006
 
   New  York  state  urban development corporation act relating to estab-
   lishing components of the NY-SUNY 2020  challenge  grant  program,  in
   relation to the effectiveness thereof (Part G); to amend the education
   law, in relation to foundation contributions to the city university of
   New  York (Part H); to amend the limited liability company law and the
   labor law, in relation to the ability of the state to  collect  unpaid
   wages  (Part  I);  to amend the criminal procedure law, the penal law,
   the correction law, the executive  law,  the  family  court  act,  the
   social  services  law, the education law and the state finance law, in
   relation to proceedings against juvenile  offenders  and  the  age  of
   juvenile  offenders  and  to repeal certain provisions of the criminal
   procedure law, the family court act and  the  executive  law  relating
   thereto  (Part  J);  to amend chapter 83 of the laws of 2002, amending
   the executive law and other laws relating to funding for children  and
   family  services,  in  relation to extending the effectiveness thereof
   (Subpart A); and to amend the social services law  and  the  education
   law,  in  relation  to  restructuring financing for residential school
   placements (Subpart B) (Part K); to amend the  family  court  act,  in
   relation  to  the definition of an abused child (Part L); to amend the
   executive law, the social services law and the family  court  act,  in
   relation to  increasing the age of youth eligible to be served in RHYA
   programs and to allow for additional length of stay for youth in resi-
   dential programs (Part M); to amend the public health law, in relation
   to  the  licensure  of  certain  health-related  services  provided by
   authorized agencies (Part N); to amend the social services law and the
   tax law, in relation to increasing the amount of lottery winnings that
   the state can recoup related to current and former  public  assistance
   recipients  (Part O); 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 P); to amend the social services
   law,  in  relation  to  expanding  inquiries  of the statewide central
   register of child  abuse  and  maltreatment  and  allowing  additional
   reviews  of criminal history information (Part Q); to utilize reserves
   in the mortgage insurance fund for various housing purposes (Part  R);
   to  amend the real property tax law, in relation to the affordable New
   York housing program and to repeal  certain  provisions  of  such  law
   relating thereto (Part S); to amend the criminal procedure law and the
   judiciary law, in relation to removal of a criminal action to a veter-
   ans  treatment  court  (Part  T);  and  to amend the executive law, in
   relation to creating a division  of  central  administrative  hearings
   within the executive department (Part U)
 
   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 2017-2018
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through U. 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

 S. 2006                             4                            A. 3006
 
 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 54 of the laws of
 2016, 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

 S. 2006                             5                            A. 3006
 
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  AND
 PROVIDED  FURTHER  THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
 EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL
 YEAR,  UNLESS  ALL  SCHOOLS  IN  THE  DISTRICT ARE IDENTIFIED AS IN GOOD
 STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTAND-
 ING 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 SIXTEEN--TWO THOUSAND
 SEVENTEEN SCHOOL YEAR. For purposes of this paragraph, the  "gap  elimi-
 nation  adjustment  percentage"  shall  be  calculated as the sum of one
 minus the quotient of the sum of the school district's  net  gap  elimi-
 nation  adjustment  for  two  thousand ten--two thousand eleven computed
 pursuant to chapter fifty-three of the laws of two thousand ten,  making
 appropriations for the support of government, plus the school district's
 gap  elimination adjustment for two thousand eleven--two thousand twelve
 as computed pursuant to chapter fifty-three of the laws of two  thousand
 eleven,  making  appropriations  for the support of the local assistance
 budget, including  support  for  general  support  for  public  schools,
 divided  by  the  total  aid for adjustment computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  local assistance budget, including support for general support
 for public  schools.  Provided,  further,  that  such  amount  shall  be
 expended  to  support  and  maintain  allowable  programs and activities
 approved in the two thousand nine--two thousand ten school  year  or  to
 support new or expanded allowable programs and activities in the current
 year.
   §  2.  The  education law is amended by adding a new section 2590-v to
 read as follows:
   § 2590-V. NOTICE TO STUDENTS REGARDING CERTAIN TEST SCORES. THE OFFICE
 OF THE CHANCELLOR SHALL INCLUDE A NOTICE IN THE OFFICIAL SCORE REPORT OF
 ALL STUDENTS WHO RECEIVED A SCORE OF  "ADVANCED"  ON  THE  EIGHTH  GRADE
 STATE ASSESSMENT IN EITHER ENGLISH LANGUAGE ARTS OR MATHEMATICS, INFORM-
 ING  THE STUDENT OF OPPORTUNITIES TO APPLY FOR ADMISSION TO THE SPECIAL-
 IZED HIGH SCHOOLS AUTHORIZED  IN  PARAGRAPH  (B)  OF  SUBDIVISION  1  OF
 SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
   §  3. Subdivision 2 of section 701 of the education law, as amended by
 section 1 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
 read as follows:
   2.  A  text-book, for the purposes of this section shall mean: (i) any
 book, or a book substitute, which shall include hard covered  or  paper-

 S. 2006                             6                            A. 3006
 
 back  books, work books, or manuals and (ii) for expenses incurred after
 July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
 content-based  instructional  materials in an electronic format, as such
 terms  are defined in the regulations of the commissioner, which a pupil
 is required to use as a text, or  a  text-substitute,  in  a  particular
 class  or  program in the school he or she legally attends. For expenses
 incurred on or after July first, two thousand eleven, a text-book  shall
 also  mean  items  of expenditure that are eligible for an apportionment
 pursuant to sections  seven  hundred  eleven,  seven  hundred  fifty-one
 and/or  seven  hundred  fifty-three  of this title, where such items are
 designated by the school district as eligible for aid pursuant  to  this
 section, provided, however, that if aided pursuant to this section, such
 expenses  shall not be aidable pursuant to any other section of law. FOR
 EXPENSES INCURRED ON OR AFTER JULY  FIRST,  TWO  THOUSAND  SEVENTEEN,  A
 TEXT-BOOK  SHALL  ALSO  MEAN  EXPENDITURES FOR HIGH QUALITY PROFESSIONAL
 DEVELOPMENT, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL  DISTRICT  AS
 ELIGIBLE  FOR  AID PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT THE
 TOTAL EXPENDITURES FOR HIGH QUALITY  PROFESSIONAL  DEVELOPMENT  ELIGIBLE
 FOR  AID  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE AMOUNT EQUAL TO
 THE DOCUMENTED REDUCTION OF  TEXTBOOK  EXPENDITURES  IN  THE  BASE  YEAR
 RESULTING  FROM  THE  USE  OF COURSEWARE OR OTHER CONTENT-BASED INSTRUC-
 TIONAL MATERIALS IN AN ELECTRONIC FORMAT PROVIDED TO THE SCHOOL DISTRICT
 WITHOUT CHARGE AND PROVIDED FURTHER  THAT  IF  AIDED  PURSUANT  TO  THIS
 SECTION,  SUCH  EXPENSES  SHALL  NOT  BE  AIDABLE  PURSUANT TO ANY OTHER
 SECTION OF LAW. Expenditures aided pursuant to this section shall not be
 eligible for aid pursuant to any other section  of  law.  Courseware  or
 other  content-based  instructional  materials  in  an electronic format
 included in the definition of  textbook  pursuant  to  this  subdivision
 shall be subject to the same limitations on content as apply to books or
 book substitutes aided pursuant to this section.
   § 4. Subdivision 9 of section 2852 of the education law, as amended by
 section  2  of subpart A of part B of chapter 20 of the laws of 2015, is
 amended to read as follows:
   9. The total number of charters issued pursuant to this article state-
 wide shall not exceed four hundred sixty. (a) All charters issued on  or
 after  July first, two thousand fifteen and counted toward the numerical
 limits established by this subdivision shall be issued by the  board  of
 regents  upon  application  directly  to  the board of regents or on the
 recommendation of the board of trustees of the state university  of  New
 York  pursuant  to  a competitive process in accordance with subdivision
 nine-a of this section. [Fifty of such charters issued on or after  July
 first,  two thousand fifteen, and no more, shall be granted to a charter
 for a school to be located in a city having a population of one  million
 or  more.]  The  failure of any body to issue the regulations authorized
 pursuant to this article shall not affect the  authority  of  a  charter
 entity  to  propose  a  charter  to the board of regents or the board of
 regents' authority to grant such charter. A conversion  of  an  existing
 public  school  to  a  charter  school, or the renewal or extension of a
 charter approved by any charter entity, shall not be counted toward  the
 numerical limits established by this subdivision.
   (b)  A charter that has been surrendered, revoked or terminated [on or
 before July first, two thousand fifteen], including a charter  that  has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant  to paragraph (a) of this subdivision by the board of regents either
 upon application directly to the board of regents or on the  recommenda-
 tion of the board of trustees of the state university of New York pursu-

 S. 2006                             7                            A. 3006
 
 ant  to  a  competitive process in accordance with subdivision nine-a of
 this section. Provided that such reissuance shall not be counted  toward
 the  statewide  numerical  limit  established  by this subdivision[, and
 provided  further  that no more than twenty-two charters may be reissued
 pursuant to this paragraph].
   (c) For purposes of determining the total number  of  charters  issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter authorized to be issued by chapter fifty-seven of  the  laws  of
 two  thousand  seven  effective July first, two thousand seven, and that
 remains unissued as of July first, two thousand fifteen, may  be  issued
 pursuant  to the provisions of law applicable to a charter authorized to
 be issued by such chapter in effect as of June fifteenth,  two  thousand
 fifteen[;  provided  however  that  nothing  in  this paragraph shall be
 construed to increase the numerical limit applicable to a city having  a
 population  of  one million or more as provided in paragraph (a) of this
 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
   § 5. Clauses (A) and (B) of subparagraph 5 of paragraph (e) of  subdi-
 vision  3 of section 2853 of the education law, as amended by section 11
 of part A of chapter 54 of the laws of 2016,  are  amended  to  read  as
 follows:
   (A)  the actual TOTAL FACILITY rental cost of an alternative privately
 owned site selected by the charter school or
   (B) [twenty] THIRTY percent of the product  of  the  charter  school's
 basic  tuition  for  the  current  school year and (i) for a new charter
 school that first commences instruction on  or  after  July  first,  two
 thousand fourteen, the charter school's current year enrollment; or (ii)
 for  a  charter  school  which expands its grade level, pursuant to this
 article, the positive difference of the charter school's  enrollment  in
 the  current  school  year  minus the charter school's enrollment in the
 school year prior to the first year of the expansion.
   § 5-a. Paragraph c of subdivision 6-g of section 3602 of the education
 law, as amended by section 11-a of part A of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   c.  For  purposes of this subdivision, the approved expenses attribut-
 able to a lease by a charter school of a privately owned site  shall  be
 the  lesser  of  the actual [rent paid] TOTAL FACILITY RENTAL COST under
 the lease or the maximum cost allowance established by the  commissioner
 for leases aidable under subdivision six of this section.
   § 5-b. Paragraph (e) of subdivision 3 of section 2853 of the education
 law is amended by adding a new subparagraph 1-a to read as follows:
   (1-A)  THE  CO-LOCATION  SITE OR ALTERNATIVE SPACE OFFERED PURSUANT TO
 SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE  SUFFICIENT  TO  ACCOMMODATE
 APPROVED  GRADE LEVELS WITHIN THE SAME BUILDING WITHIN BANDS AS FOLLOWS:
 KINDERGARTEN THROUGH GRADE 4, GRADES 5-8,  AND  GRADES  9-12,  INCLUDING
 THOSE  GRADE  LEVELS  NOT  YET  IN OPERATION AT THE TIME OF OFFERING BUT
 INCLUDED WITHIN THE CHARTER SCHOOL'S PLANNED  GRADE  CONFIGURATION.  THE
 DEFINED GRADE LEVEL BANDS HEREIN SHALL INCLUDE AN ALLOWABLE DEVIATION OF
 ONE  GRADE LEVEL ABOVE OR BELOW THE STATED LEVELS IF SUCH GRADE LEVEL IS
 AN EXISTING APPROVED GRADE LEVEL OF THE CHARTER SCHOOL.
   § 6. Subdivision 41 of section 3602 of the education law, as added  by
 section  18 of part B of chapter 57 of the laws of 2007, the subdivision
 heading and opening paragraph as amended by section  20  of  part  B  of
 chapter 57 of the laws of 2008, is amended to read as follows:

 S. 2006                             8                            A. 3006
 
   41.  Transitional  aid for charter school payments. In addition to any
 other apportionment under this section, for the two thousand  seven--two
 thousand  eight school year and thereafter, a school district other than
 a city school district in a city having a population of one  million  or
 more  shall  be  eligible for an apportionment in an amount equal to the
 sum of
   (a) the product of (i) the product of eighty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the base
 year less the number of resident pupils enrolled in a charter school  in
 the  year  prior  to  the  base  year,  provided, however, that a school
 district shall be eligible for an apportionment pursuant to  this  para-
 graph  only  if  the  number  of its resident pupils enrolled in charter
 schools in the base year exceeds  two  percent  of  the  total  resident
 public  school  district  enrollment of such school district in the base
 year or the total general fund payments made by such district to charter
 schools in the base year for resident pupils enrolled in charter schools
 exceeds two percent of total general fund expenditures of such  district
 in the base year, plus
   (b)  the product of (i) the product of sixty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the year
 prior to the base year less the number of resident pupils enrolled in  a
 charter  school  in the year two years prior to the base year, provided,
 however, that a school district shall be eligible for  an  apportionment
 pursuant  to  this  paragraph  only if the number of its resident pupils
 enrolled in charter schools in the year prior to the base  year  exceeds
 two  percent  of the total resident public school district enrollment of
 such school district in the year prior to the base  year  or  the  total
 general  fund  payments  made by such district to charter schools in the
 year prior to the base year for  resident  pupils  enrolled  in  charter
 schools  exceeds  two  percent of the total general fund expenditures of
 such district in the year prior to the base year, plus
   (c) the product of (i) the product of forty percent multiplied by  the
 charter  school  basic tuition computed for such school district for the
 base year pursuant to section twenty-eight  hundred  fifty-six  of  this
 chapter,  multiplied  by  (ii)  the  positive difference, if any, of the
 number of resident pupils enrolled in the charter school in the year two
 years prior to the base year less the number of resident pupils enrolled
 in a charter school in the year three years  prior  to  the  base  year,
 provided,  however,  that  a  school  district  shall be eligible for an
 apportionment pursuant to this paragraph only if the number of its resi-
 dent pupils enrolled in charter schools in the year two years  prior  to
 the  base  year  exceeds two percent of the total resident public school
 district enrollment of such school district in the year two years  prior
 to  the  base  year  or  the  total  general  fund payments made by such
 district to charter schools in the year two years prior to the base year
 for resident pupils enrolled in charter schools exceeds two  percent  of
 the  total  general  fund  expenditures of such district in the year two
 years prior to the base year[.], PLUS
   (d) FOR AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO  THOUSAND  NINE-
 TEEN  SCHOOL  YEAR THE PRODUCT OF (I) NINETY PERCENT, MULTIPLIED BY (II)

 S. 2006                             9                            A. 3006
 
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR SUCH SCHOOL DISTRICT FOR THE BASE YEAR PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER LESS THE  CHARTER  SCHOOL
 BASIC  TUITION  COMPUTED  FOR  SUCH SCHOOL DISTRICT FOR THE TWO THOUSAND
 TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT  TO  SECTION  TWENTY-EIGHT
 HUNDRED  FIFTY-SIX  OF  THIS  CHAPTER, MULTIPLIED BY (III) THE NUMBER OF
 RESIDENT PUPILS ENROLLED  IN  THE  CHARTER  SCHOOL  IN  THE  BASE  YEAR,
 PROVIDED,  HOWEVER,  THAT  A  SCHOOL  DISTRICT  SHALL BE ELIGIBLE FOR AN
 APPORTIONMENT PURSUANT TO THIS PARAGRAPH ONLY IF THE NUMBER OF ITS RESI-
 DENT PUPILS ENROLLED IN CHARTER SCHOOLS IN THE BASE  YEAR  EXCEEDS  FIVE
 THOUSANDTHS (0.005) OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLL-
 MENT  OF SUCH SCHOOL DISTRICT IN THE BASE YEAR OR THE TOTAL GENERAL FUND
 PAYMENTS MADE BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE BASE  YEAR  FOR
 RESIDENT  PUPILS  ENROLLED  IN  CHARTER SCHOOLS EXCEEDS FIVE THOUSANDTHS
 (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT  IN  THE
 BASE YEAR, PLUS
   (E)  FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
 SCHOOL YEAR THE PRODUCT OF (I) SIXTY PERCENT,  MULTIPLIED  BY  (II)  THE
 POSITIVE  DIFFERENCE,  IF  ANY,  OF  THE  CHARTER  SCHOOL  BASIC TUITION
 COMPUTED FOR SUCH SCHOOL DISTRICT FOR THE YEAR PRIOR TO  THE  BASE  YEAR
 PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER LESS
 THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL  DISTRICT  FOR
 THE  TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR PURSUANT TO
 SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS  CHAPTER,  MULTIPLIED  BY
 (III)  THE  NUMBER  OF RESIDENT PUPILS ENROLLED IN THE CHARTER SCHOOL IN
 THE YEAR PRIOR TO THE  BASE  YEAR,  PROVIDED,  HOWEVER,  THAT  A  SCHOOL
 DISTRICT  SHALL  BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO THIS PARA-
 GRAPH ONLY IF THE NUMBER OF ITS  RESIDENT  PUPILS  ENROLLED  IN  CHARTER
 SCHOOLS  IN  THE  YEAR  PRIOR  TO THE BASE YEAR EXCEEDS FIVE THOUSANDTHS
 (0.005) OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT OF  SUCH
 SCHOOL  DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR OR THE TOTAL GENERAL
 FUND PAYMENTS MADE BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE YEAR PRIOR
 TO THE BASE YEAR FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS
 FIVE THOUSANDTHS (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF  SUCH
 DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR, PLUS
   (F)  FOR  AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-
 ONE SCHOOL YEAR THE PRODUCT OF (I) THIRTY PERCENT,  MULTIPLIED  BY  (II)
 THE  POSITIVE  DIFFERENCE,  IF  ANY, OF THE CHARTER SCHOOL BASIC TUITION
 COMPUTED FOR SUCH SCHOOL DISTRICT FOR THE YEAR TWO YEARS  PRIOR  TO  THE
 BASE  YEAR  PURSUANT  TO  SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS
 CHAPTER LESS THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR  SUCH  SCHOOL
 DISTRICT  FOR  THE  TWO  THOUSAND  TEN--TWO  THOUSAND ELEVEN SCHOOL YEAR
 PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED  FIFTY-SIX  OF  THIS  CHAPTER,
 MULTIPLIED  BY (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE CHAR-
 TER SCHOOL IN THE YEAR TWO YEARS  PRIOR  TO  THE  BASE  YEAR,  PROVIDED,
 HOWEVER,  THAT  A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT
 PURSUANT TO THIS PARAGRAPH ONLY IF THE NUMBER  OF  ITS  RESIDENT  PUPILS
 ENROLLED IN CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 EXCEEDS  FIVE  THOUSANDTHS  (0.005)  OF THE TOTAL RESIDENT PUBLIC SCHOOL
 DISTRICT ENROLLMENT OF SUCH SCHOOL DISTRICT IN THE YEAR TWO YEARS  PRIOR
 TO  THE  BASE  YEAR  OR  THE  TOTAL  GENERAL  FUND PAYMENTS MADE BY SUCH
 DISTRICT TO CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS FIVE THOUSANDTHS
 (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT  IN  THE
 YEAR TWO YEARS PRIOR TO THE BASE YEAR.

 S. 2006                            10                            A. 3006
 
   (G)  For purposes of this subdivision the number of pupils enrolled in
 a charter school shall not include pupils enrolled in a  charter  school
 for  which  the  charter  was  approved by a charter entity contained in
 paragraph a of subdivision three of section twenty-eight hundred  fifty-
 one of this chapter.
   §  7.  Paragraph  a  of subdivision 33 of section 305 of the education
 law, as amended by chapter 621 of the laws of 2003, is amended  to  read
 as follows:
   a.  The  commissioner  shall  establish procedures for the approval of
 providers of supplemental educational services in  accordance  with  the
 provisions of subsection (e) of section one thousand one hundred sixteen
 of  the  No Child Left Behind Act of 2001 and shall adopt regulations to
 implement such procedures. Notwithstanding any other provision of  state
 or  local law, rule or regulation to the contrary, any local educational
 agency that receives federal funds pursuant to title I of the Elementary
 and Secondary Education Act of nineteen hundred sixty-five, as  amended,
 shall be authorized to contract with the approved provider selected by a
 student's  parent,  as  such  term is defined in subsection [thirty-one]
 THIRTY-EIGHT of section [nine] EIGHT thousand one hundred one of the [No
 Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
 NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, for the  provision  of  supple-
 mental  educational  services  to the extent required under such section
 one thousand one hundred sixteen.   Eligible  approved  providers  shall
 include,  but  not be limited to, public schools, BOCES, institutions of
 higher education, and community based organizations.
   § 8. Subdivision 7 of section 2802 of the education law, as amended by
 chapter 425 of the laws of 2002, is amended to read as follows:
   7. Notwithstanding any other provision of state or local law, rule  or
 regulation  to  the  contrary,  any  student  who attends a persistently
 dangerous public elementary or secondary school, as  determined  by  the
 commissioner  pursuant  to  paragraph a of this subdivision, or who is a
 victim of a violent criminal offense, as defined pursuant to paragraph b
 of this subdivision, that occurred on the grounds of a public elementary
 or secondary school that the student attends, shall be allowed to attend
 a safe public school within the local educational agency to  the  extent
 required  by section [ninety-five] EIGHTY-FIVE hundred thirty-two of the
 [No Child Left Behind Act of 2001] ELEMENTARY  AND  SECONDARY  EDUCATION
 ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED.
   a.  The  commissioner shall annually determine which public elementary
 and secondary schools are  persistently  dangerous  in  accordance  with
 regulations  of the commissioner developed in consultation with a repre-
 sentative sample of local educational agencies. Such determination shall
 be based on data submitted through the uniform violent incident  report-
 ing  system over a period prescribed in the regulations, which shall not
 be less than two years.
   b. Each local educational agency required  to  provide  unsafe  school
 choice  shall establish procedures for determinations by the superinten-
 dent of schools or other chief school officer of whether  a  student  is
 the victim of a violent criminal offense that occurred on school grounds
 of  the  school that the student attends. Such superintendent of schools
 or other chief school officer shall, prior to making any  such  determi-
 nation,  consult  with  any  law  enforcement  agency investigating such
 alleged violent criminal offense and consider  any  reports  or  records
 provided  by  such  agency.  The trustees or board of education or other
 governing board of a local educational agency may provide, by local rule
 or by-law, for appeal of the  determination  of  the  superintendent  of

 S. 2006                            11                            A. 3006
 
 schools  to such governing board. Notwithstanding any other provision of
 law to the contrary, the determination  of  such  chief  school  officer
 pursuant  to this paragraph shall not have collateral estoppel effect in
 any  student  disciplinary proceeding brought against the alleged victim
 or perpetrator of such violent criminal offense. For  purposes  of  this
 subdivision, "violent criminal offense" shall mean a crime that involved
 infliction  of  serious  physical  injury upon another as defined in the
 penal law, a sex offense that involved forcible compulsion or any  other
 offense defined in the penal law that involved the use or threatened use
 of a deadly weapon.
   c.  Each  local  educational agency, as defined in subsection [twenty-
 six] THIRTY of section [ninety-one] EIGHTY-ONE hundred one  of  the  [No
 Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
 NINETEEN  HUNDRED  SIXTY-FIVE,  AS  AMENDED, that is required to provide
 school choice pursuant  to  section  [ninety-five]  EIGHTY-FIVE  hundred
 thirty-two  of  the  [No  Child  Left Behind Act of 2001] ELEMENTARY AND
 SECONDARY EDUCATION ACT OF  NINETEEN  HUNDRED  SIXTY-FIVE,  AS  AMENDED,
 shall establish procedures for notification of parents of, or persons in
 parental  relation  to, students attending schools that have been desig-
 nated as persistently dangerous and parents of, or persons  in  parental
 relation  to,  students  who are victims of violent criminal offenses of
 their right to transfer to a safe public school within the local  educa-
 tional  agency  and procedures for such transfer, except that nothing in
 this subdivision shall be construed to require such  notification  where
 there are no other public schools within the local educational agency at
 the same grade level or such transfer to a safe public school within the
 local  educational  agency is otherwise impossible or to require a local
 educational agency that has only one  public  school  within  the  local
 educational  agency  or  only  one  public school at each grade level to
 develop such procedures. The commissioner shall be authorized  to  adopt
 any  regulations deemed necessary to assure that local educational agen-
 cies implement the provisions of this subdivision.
   § 9. Subdivision 7 of section 3214 of the education law, as  added  by
 chapter 101 of the laws of 2003, is amended to read as follows:
   7.   Transfer  of  disciplinary  records.  Notwithstanding  any  other
 provision of law to the contrary, each local educational agency, as such
 term is defined in subsection [twenty-six] THIRTY  of  section  [ninety-
 one]  EIGHTY-ONE  hundred  one of the Elementary and Secondary Education
 Act of 1965, as amended, shall establish procedures in  accordance  with
 section  [forty-one hundred fifty-five] EIGHTY-FIVE HUNDRED THIRTY-SEVEN
 of the Elementary and Secondary Education Act of 1965, as  amended,  and
 the Family Educational Rights and Privacy Act of 1974, to facilitate the
 transfer of disciplinary records relating to the suspension or expulsion
 of  a  student to any public or nonpublic elementary or secondary school
 in which such student enrolls or seeks,  intends  or  is  instructed  to
 enroll, on a full-time or part-time basis.
   §  10.  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

 S. 2006                            12                            A. 3006
 
 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 NINETEEN A SUPER-
 INTENDENT  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 TWENTY, A  SUPER-
 INTENDENT  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 superinten-
 dent 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  criminal
 procedure  law,  who  has  been  determined  to have brought a weapon or
 firearm to school in violation of this subdivision  to  the  appropriate
 law enforcement officials.
   §  11.  Paragraph  d of subdivision 3 of section 3214 of the education
 law, as amended by chapter 181 of the laws of 2000, is amended  to  read
 as follows:
   d.  Consistent  with  the  federal  gun-free  schools  act of nineteen
 hundred ninety-four, any public school pupil  who  is  determined  under
 this  subdivision  to have brought a weapon to 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 weapon to 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 participation in such program. The
 procedures of this subdivision shall apply to such  a  suspension  of  a
 nonpublic  school  pupil.  A  superintendent of schools, district super-
 intendent of schools or community superintendent shall have the authori-

 S. 2006                            13                            A. 3006
 
 ty 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 paragraph c of this  subdi-
 vision  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 indi-
 viduals 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 weapon to school in violation
 of this subdivision to a presentment agency for a  juvenile  delinquency
 proceeding  consistent with article three of the family court act except
 a student fourteen or fifteen years of age who  qualifies  for  juvenile
 offender status under subdivision forty-two of section 1.20 of the crim-
 inal  procedure law; PROVIDED, HOWEVER THAT COMMENCING ON JANUARY FIRST,
 TWO THOUSAND NINETEEN 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  JUVE-
 NILE  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 TWENTY, 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  JUVE-
 NILE  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 criminal procedure law, who has been determined to
 have brought a weapon to school in violation of this subdivision to  the
 appropriate law enforcement officials.
   §  12.  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  35 of part A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   § 4. This act shall take effect July 1, 2002 and shall expire  and  be
 deemed repealed June 30, [2017] 2018.
   §  13.  Section  5  of  chapter  101 of the laws of 2003, amending the
 education law relating to the implementation of the No Child Left Behind
 Act of 2001, as amended by section 36 of part A of  chapter  54  of  the
 laws of 2016, is amended to read as follows:
   §  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, [2017] 2018.
   §  14.  Paragraph  o of subdivision 1 of section 3602 of the education
 law, as amended by section 15 of part A of chapter 54  of  the  laws  of
 2016, is amended to read as follows:
   o.  "English  language  learner count" shall mean the number of pupils
 served in the base year in programs for  pupils  [with  limited  English
 proficiency]  WHO  ARE ENGLISH LANGUAGE LEARNERS approved by the commis-
 sioner pursuant to the provisions of this chapter and in accordance with
 regulations adopted for such purpose.

 S. 2006                            14                            A. 3006
 
   § 15. The commissioner of education shall include direct certification
 data, for the three most recently available school years, as  referenced
 in  the  report submitted by such commissioner pursuant to section 46 of
 part A of chapter 54 of the laws of 2016 in the updated electronic  data
 files  prepared pursuant to paragraph b of subdivision 21 of section 305
 of the education law.
   § 16. Subparagraph (ii) of paragraph q of  subdivision  1  of  section
 3602 of the education law, as amended by section 25 of part A of chapter
 58 of the laws of 2011, is amended to read as follows:
   (ii)  "Census  count"  shall  mean  the  product  of the public school
 enrollment of the school district on the date enrollment was counted  in
 accordance with this subdivision for the base year multiplied by (A) FOR
 AID  FOR  SCHOOL YEARS PRIOR TO THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR, the quotient of the number of persons aged five to
 seventeen within the school district, based on the most recent decennial
 census as tabulated by the National Center on Education Statistics,  who
 were enrolled in public schools and whose families had incomes below the
 poverty  level,  divided  by  the  total  number of persons aged five to
 seventeen within the school district, based on  such  decennial  census,
 who  were  enrolled in public schools, computed to four decimals without
 rounding, OR (B) FOR AID FOR THE TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND
 EIGHTEEN  SCHOOL YEAR AND THEREAFTER, THE QUOTIENT OF (1) THE SUM OF THE
 NUMBER OF PERSONS AGED FIVE TO SEVENTEEN  WITHIN  THE  SCHOOL  DISTRICT,
 BASED  ON  THE  SMALL  AREA INCOME AND POVERTY ESTIMATES PRODUCED BY THE
 UNITED STATES CENSUS BUREAU, WHOSE FAMILIES HAD INCOMES BELOW THE POVER-
 TY LEVEL FOR THE YEAR TWO YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR
 BEGAN, PLUS SUCH NUMBER FOR THE YEAR THREE YEARS PRIOR TO  THE  YEAR  IN
 WHICH  THE  BASE  YEAR  BEGAN,  PLUS SUCH NUMBER FOR THE YEAR FOUR YEARS
 PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, DIVIDED BY (2)  THE  SUM
 OF  THE TOTAL NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL
 DISTRICT, BASED ON SUCH CENSUS BUREAU ESTIMATES, FOR THE YEAR TWO  YEARS
 PRIOR  TO  THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH TOTAL NUMBER
 FOR THE YEAR THREE YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN,
 PLUS SUCH TOTAL NUMBER FOR THE YEAR FOUR YEARS  PRIOR  TO  THE  YEAR  IN
 WHICH THE BASE YEAR BEGAN, COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING.
   §  17.  Paragraph  g of subdivision 3 of section 3602 of the education
 law, as amended by section 13 of part B of chapter 57  of  the  laws  of
 2008, is amended to read as follows:
   g.  Computation  of  the  state sharing ratio. The state sharing ratio
 shall be the higher of:
   (1)  a  value  computed  by  subtracting  from  one  and  thirty-seven
 hundredths the product obtained by multiplying the combined wealth ratio
 by one and twenty-three hundredths; or
   (2)  a  value computed by subtracting from one the product obtained by
 multiplying the combined wealth ratio by sixty-four hundredths; or
   (3) a value computed by subtracting from eighty hundredths the product
 obtained  by  multiplying  the  combined  wealth  ratio  by  thirty-nine
 hundredths; or
   (4)  a  value  computed  by  subtracting from fifty-one hundredths the
 product obtained by multiplying the combined wealth ratio by  twenty-two
 hundredths,  provided,  however,  that  for the purpose of computing the
 state sharing ratio for total foundation aid, the tier four value  shall
 NOT  be  computed  [by subtracting from fifty-one hundredths the product
 obtained by multiplying the combined wealth ratio by one hundred  seven-
 ty-three  thousandths]  and  such  values  shall  be  computed using the
 combined wealth ratio for total foundation aid in place of the  combined

 S. 2006                            15                            A. 3006
 
 wealth  ratio, and, for high need school districts, as determined pursu-
 ant 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", such values
 shall be multiplied by one hundred five percent.
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero.
   § 18. Subdivision 1 of section 3602 of the education law is amended by
 adding a new paragraph hh to read as follows:
   HH. OPERATING AMOUNT PER PUPIL. THE OPERATING AMOUNT PER  PUPIL  SHALL
 EQUAL  THE  REMAINDER  WHEN  THE  EXPECTED MINIMUM LOCAL CONTRIBUTION IS
 SUBTRACTED FROM THE PRODUCT OF THE ADJUSTED COST  AMOUNT,  THE  REGIONAL
 COST INDEX, AND THE PUPIL NEED INDEX.
   (I)  THE ADJUSTED COST AMOUNT SHALL REFLECT THE AVERAGE PER PUPIL COST
 OF GENERAL EDUCATION INSTRUCTION  IN  SUCCESSFUL  SCHOOL  DISTRICTS,  AS
 DETERMINED  BY  A STATISTICAL ANALYSIS OF THE COSTS OF SPECIAL EDUCATION
 AND GENERAL EDUCATION IN SUCCESSFUL SCHOOL DISTRICTS, PROVIDED THAT  THE
 ADJUSTED  COST AMOUNT SHALL BE ADJUSTED ANNUALLY TO REFLECT THE PERCENT-
 AGE INCREASE IN THE CONSUMER PRICE INDEX.
   (II) 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 SEVENTEEN--TWO THOUSAND
 EIGHTEEN 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
   (III) THE PUPIL NEED INDEX  SHALL  EQUAL  THE  SUM  OF  ONE  PLUS  THE
 EXTRAORDINARY  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.
   (IV) THE EXPECTED MINIMUM LOCAL CONTRIBUTION SHALL EQUAL THE LESSER OF
 (1)  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 (2) THE PRODUCT OF (A) THE PRODUCT OF THE ADJUSTED COST
 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 THIS SUBDIVISION PLUS THE STATEWIDE AVERAGE  TAX  RATE
 COMPUTED  BY  THE COMMISSIONER FOR THE BASE YEAR IN ACCORDANCE WITH SUCH

 S. 2006                            16                            A. 3006
 
 PROVISIONS PLUS THE STATEWIDE AVERAGE TAX RATE COMPUTED BY  THE  COMMIS-
 SIONER  FOR  THE  YEAR  PRIOR  TO  THE BASE YEAR IN ACCORDANCE WITH SUCH
 PROVISIONS, DIVIDED BY THREE. THE INCOME WEALTH INDEX  SHALL  BE  CALCU-
 LATED  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
 ZERO  NOR MORE THAN TWO HUNDRED PERCENT (2.0). THE SELECTED ACTUAL VALU-
 ATION SHALL BE CALCULATED PURSUANT TO PARAGRAPH C OF  THIS  SUBDIVISION.
 TOTAL  WEALTH  FOUNDATION  PUPIL  UNITS  SHALL BE CALCULATED PURSUANT TO
 PARAGRAPH H OF SUBDIVISION TWO OF THIS SECTION.
   § 19. Paragraph a of subdivision 9 of section 3602  of  the  education
 law,  as  amended  by  section  9 of part A of chapter 57 of the laws of
 2013, is amended to read as follows:
   a. For aid payable in  the  two  thousand  seven--two  thousand  eight
 school year and thereafter, school districts which provided any half-day
 kindergarten  programs  or  had no kindergarten programs in the nineteen
 hundred ninety-six--ninety-seven school year and in the base  year,  and
 which  have  not received an apportionment pursuant to this paragraph in
 any prior school year, shall be eligible for aid equal to the product of
 the district's [selected foundation aid calculated pursuant to  subdivi-
 sion four] OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH HH OF SUBDI-
 VISION ONE of this section multiplied by the positive difference result-
 ing  when  the  full  day  kindergarten enrollment of children attending
 programs in the district in  the  base  year  is  subtracted  from  such
 enrollment in the current year.
   §  20.  Paragraph c of subdivision 15 of section 3602 of the education
 law, as amended by section 16 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   c.  In  addition  to  any  other aid computed under this section, such
 school district shall be eligible to receive, for each  excess  transfer
 pupil, an amount equal to the [selected foundation aid for such district
 computed pursuant to subdivision four] OPERATING AMOUNT PER PUPIL PURSU-
 ANT TO PARAGRAPH HH OF SUBDIVISION ONE of this section.
   §  21.  Subdivision 4 of section 3602 of the education law, as amended
 by section 5-a of part A of chapter 56 of the laws of 2015, the  opening
 paragraph,  subparagraph 1 of paragraph a, clause (ii) of subparagraph 2
 of paragraph b and paragraph d as amended and paragraph b-2  as  amended
 by section 7 of part A of chapter 54 of the laws of 2016, paragraph e as
 added  by  section  8  of  part  A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   4. Total foundation aid.   [In addition  to  any  other  apportionment
 pursuant  to  this  chapter, a school district, other than a special act
 school district as defined in subdivision eight of section four thousand
 one of this chapter, shall be eligible for total foundation aid equal to
 the product of total aidable foundation pupil units  multiplied  by  the
 district's  selected  foundation aid, which shall be the greater of five
 hundred dollars ($500) or foundation formula aid, provided, however that
 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

 S. 2006                            17                            A. 3006

 the sum of the total foundation aid base for  aid  payable  in  the  two
 thousand  eleven--two  thousand  twelve school year computed pursuant to
 subparagraph (ii) of paragraph j of subdivision  one  of  this  section,
 plus  the  phase-in foundation increase computed pursuant to paragraph b
 of this subdivision, and provided further  that  for  the  two  thousand
 thirteen--two  thousand  fourteen  school year and thereafter, no school
 district shall receive total foundation aid in excess of the sum of  the
 total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
 paragraph j of subdivision one of this section, plus the phase-in  foun-
 dation  increase  computed  pursuant to paragraph b of this subdivision,
 and provided further that for the  two  thousand  sixteen--two  thousand
 seventeen  school year, no eligible school districts shall receive total
 foundation aid in excess of the sum of the  total  foundation  aid  base
 computed pursuant to subparagraph (ii) of paragraph j of subdivision one
 of  this  section  plus the sum of (A) the phase-in foundation increase,
 (B) the executive foundation increase with a minimum  increase  pursuant
 to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
 NITY  SCHOOLS  AID" in the computer listing produced by the commissioner
 in support  of  the  executive  budget  request  for  the  two  thousand
 sixteen--two  thousand  seventeen  school  year  and entitled "BT161-7",
 where (1) "eligible school district" shall be defined as a district with
 (a) an unrestricted aid increase of less than seven percent  (0.07)  and
 (b)  a  three  year average free and reduced price lunch percent greater
 than fifteen percent (0.15), and (2) "unrestricted aid  increase"  shall
 mean  the quotient arrived at when dividing (a) the sum of the executive
 foundation aid increase plus the gap elimination adjustment for the base
 year, by (b) the difference of foundation aid for the base year less the
 gap elimination adjustment for the base year, and (3) "executive founda-
 tion increase" shall mean the difference of (a) the  amounts  set  forth
 for  each school district as "FOUNDATION AID" under the heading "2016-17
 ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
 commissioner  in  support  of  the  executive budget request for the two
 thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
 "BT161-7"  less  (b)  the  amounts set forth for each school district as
 "FOUNDATION AID" under the heading "2015-16  BASE  YEAR  AIDS"  in  such
 computer  listing  and  provided further that total foundation aid shall
 not be less than the product of the total foundation aid  base  computed
 pursuant  to paragraph j of subdivision one of this section and the due-
 minimum percent which shall be, for the two thousand  twelve--two  thou-
 sand  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 thousandths  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 there-
 in, nor more than the product of such total foundation aid base and  one
 hundred  fifteen  percent,  provided, however, that for the two thousand
 sixteen--two thousand seventeen school year such  maximum  shall  be  no
 more  than  the sum of (i) the product of such total foundation aid base
 and one hundred fifteen  percent  plus  (ii)  the  executive  foundation

 S. 2006                            18                            A. 3006

 increase  and plus (iii) "COMMUNITY SCHOOLS AID" in the computer listing
 produced by the commissioner in support of the executive budget  request
 for  the  two  thousand  sixteen--two thousand seventeen school year and
 entitled  "BT161-7" and provided further that for the two thousand nine-
 -two thousand ten  through  two  thousand  eleven--two  thousand  twelve
 school years, each school district shall receive total foundation aid in
 an  amount  equal  to the amount apportioned to such school district for
 the two thousand eight--two thousand nine school year pursuant  to  this
 subdivision.  Total  aidable  foundation pupil units shall be calculated
 pursuant to paragraph g of subdivision two of this section.]
   A. FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL  YEAR,
 DISTRICTS  SHALL BE ELIGIBLE FOR FOUNDATION AID EQUAL TO THE SUM OF: (1)
 THE BASE INCREASE, PLUS (2) THE COMMUNITY SCHOOLS INCREASE, PLUS (3) THE
 FOUNDATION AID BASE, AS DEFINED PURSUANT TO PARAGRAPH J  OF  SUBDIVISION
 ONE  OF  THIS SECTION. FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
 TEEN SCHOOL YEAR AND THEREAFTER, DISTRICTS SHALL BE ELIGIBLE FOR FOUNDA-
 TION AID EQUAL TO THE AMOUNT OF FOUNDATION AID SUCH DISTRICT RECEIVED IN
 THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR.
   1. THE BASE INCREASE SHALL BE EQUAL TO THE GREATER OF  THE  FOUNDATION
 AID  PER  PUPIL  INCREASE  OR  THE  SCALED  PER PUPIL INCREASE. THE BASE
 INCREASE SHALL NOT EXCEED THE PRODUCT OF FIFTEEN PERCENT  MULTIPLIED  BY
 THE  FOUNDATION  AID  BASE  AND  SHALL  NOT BE LESS THAN THE DUE MINIMUM
 INCREASE.
   (I) THE FOUNDATION AID PER PUPIL INCREASE SHALL BE EQUAL TO THE  PROD-
 UCT  OF THE SELECTED PER PUPIL FOUNDATION AID INCREASE AS DEFINED HEREIN
 MULTIPLIED BY THE SELECTED TOTAL AIDABLE FOUNDATION PUPIL UNITS COMPUTED
 PURSUANT TO PARAGRAPH G OF SUBDIVISION TWO OF THIS SECTION.
   (A) THE SELECTED PER PUPIL FOUNDATION AID INCREASE SHALL BE  EQUAL  TO
 THE  PER  PUPIL  FOUNDATION INCREASE AS DEFINED HEREIN LESS THE SELECTED
 LOCAL SHARE, WITH A MINIMUM OF FIVE HUNDRED DOLLARS ($500) MULTIPLIED BY
 THE PER PUPIL FOUNDATION INCREASE FACTOR, ROUNDED TO TWO DECIMALS.
   (B) THE PER PUPIL FOUNDATION INCREASE  FACTOR  FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR SHALL BE EQUAL TO ONE AND
 TWO HUNDRED TWENTY-SEVEN THOUSANDTHS PERCENT (0.01227).
   (C) THE PER PUPIL FOUNDATION INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 (I) THE PRODUCT OF THE ADJUSTED COST AMOUNT, THE REGIONAL COST INDEX  AS
 SET  FORTH  IN  PARAGRAPH  HH OF SUBDIVISION ONE OF THIS SECTION AND THE
 PUPIL NEED INDEX COMPUTED TO TWO DECIMALS WITHOUT  ROUNDING,  MULTIPLIED
 BY (II) THE PER PUPIL FOUNDATION INCREASE FACTOR.
   (D)  THE  SELECTED LOCAL SHARE SHALL BE EQUAL TO THE LESSER OF (A) THE
 PRODUCT OF THE PER PUPIL FOUNDATION INCREASE AND THE VALUE  COMPUTED  BY
 SUBTRACTING  FROM  ONE  THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID
 COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF  THIS  SECTION,
 ROUNDED  TO  TWO  DECIMALS OR (B) THE PRODUCT OF THE QUOTIENT ARRIVED AT
 WHEN DIVIDING THE SELECTED ACTUAL VALUATION BY TOTAL  WEALTH  FOUNDATION
 PUPIL UNITS, MULTIPLIED BY THE PRODUCT OF THE INCOME WEALTH INDEX MULTI-
 PLIED  BY  THE  LOCAL  TAX FACTOR MULTIPLIED BY THE PER PUPIL FOUNDATION
 INCREASE FACTOR, PROVIDED, HOWEVER, THAT THE INCOME WEALTH  INDEX  SHALL
 NOT BE LESS THAN ZERO NOR EXCEED TWO HUNDRED PERCENT (2.0).
   (II)  THE  SCALED  PER PUPIL INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 ONE HUNDRED NINETY-FIVE DOLLARS ($195)  MULTIPLIED  BY  THE  SCALED  PER
 PUPIL  RATIO, MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLL-
 MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVI-
 SION ONE OF THIS SECTION. THE SCALED PER PUPIL RATIO SHALL BE THE  VALUE
 COMPUTED  BY  SUBTRACTING  FROM  TWO  THE  PRODUCT  OF  TWO  AND FIFTEEN
 HUNDREDTHS (2.15) MULTIPLIED BY THE  COMBINED  WEALTH  RATIO  FOR  TOTAL

 S. 2006                            19                            A. 3006
 
 FOUNDATION  AID,  DEFINED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF
 SUBDIVISION THREE OF THIS SECTION,  COMPUTED  TO  THREE  DECIMAL  PLACES
 WITHOUT  ROUNDING.  THE  SCALED  PER  PUPIL RATIO SHALL NOT EXCEED NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   (III)  THE  DUE  MINIMUM INCREASE SHALL BE EQUAL TO THE PRODUCT OF THE
 FOUNDATION AID BASE AND THE DUE MINIMUM PERCENT. FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL YEAR, THE DUE MINIMUM PERCENT
 SHALL EQUAL: (A) FOR A CITY SCHOOL DISTRICT OF A  CITY  HAVING  A  POPU-
 LATION  OF  ONE MILLION OR MORE, TWO AND NINETY-THREE HUNDREDTHS PERCENT
 (0.0293);(B) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN
 EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND  LESS  THAN  ONE  MILLION
 INHABITANTS,  TWO  AND  ONE-HUNDRED  AND  SIXTY-FIVE THOUSANDTHS PERCENT
 (0.02165), AND (C) FOR ALL OTHER PUBLIC SCHOOL DISTRICTS, OTHER  THAN  A
 SPECIAL  ACT  SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 FOUR THOUSAND ONE OF THIS CHAPTER,  ELIGIBLE  FOR  FOUNDATION  AID,  ONE
 PERCENT (0.01).
   2.  THE  COMMUNITY  SCHOOLS INCREASE SHALL BE, FOR ALL ELIGIBLE SCHOOL
 DISTRICTS, EQUAL TO THE PRODUCT OF THE SCALED PER  PUPIL  AMOUNT  MULTI-
 PLIED  BY  THE  BASE  YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED
 PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE  OF  THIS
 SECTION,  BUT  SHALL  NOT  BE  LESS  THAN ONE-HUNDRED AND FIFTY THOUSAND
 DOLLARS ($150,000).
   (I) (A) A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR THE COMMUNITY  SCHOOLS
 INCREASE  IF (1) THE SCHOOL DISTRICT CONTAINS AT LEAST ONE SCHOOL DESIG-
 NATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO
 PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F
 OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND SEVENTEEN OR  (2)  THE
 SCHOOL  DISTRICT  HAS  BOTH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
 AID LESS THAN ONE AND TWO-TENTHS (1.2)  AND  HAS  A  QUALIFYING  ENGLISH
 LANGUAGE LEARNER POPULATION LEVEL.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, A QUALIFYING ENGLISH LANGUAGE
 LEARNER POPULATION LEVEL SHALL MEAN THOSE SCHOOL DISTRICTS WHERE (1) THE
 QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT  BY
 THE  BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO
 SUBPARAGRAPH TWO OF PARAGRAPH N  OF  SUBDIVISION  ONE  OF  THIS  SECTION
 EXCEEDS  FIVE PERCENT (0.05) AND (2) THE POSITIVE DIFFERENCE, IF ANY, OF
 THE ENGLISH LANGUAGE LEARNER COUNT LESS THE  AMOUNT  EQUAL  TO  "2011-12
 ENGLISH  LANGUAGE  LEARNERS"  IN  THE  COMPUTER  LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  FOR  THE  TWO
 THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR ENTITLED "BT171-8"
 IS  GREATER THAN BOTH (A) ONE HUNDRED PUPILS AND (B) THE PRODUCT OF ONE-
 TENTH (0.10) MULTIPLIED BY THE AMOUNT EQUAL TO "2011-12 ENGLISH LANGUAGE
 LEARNERS" IN THE  COMPUTER  LISTING  PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT  OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SEVENTEEN-
 -TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8".
   (II) THE COMMUNITY SCHOOLS SCALED PER PUPIL AMOUNT SHALL BE  EQUAL  TO
 THE  PRODUCT OF EIGHTY-EIGHT DOLLARS AND THREE CENTS ($88.03) MULTIPLIED
 BY THE DIFFERENCE OF SUBTRACTING FROM ONE THE PRODUCT  OF  THE  COMBINED
 WEALTH   RATIO   FOR  TOTAL  FOUNDATION  AID  MULTIPLIED  BY  SIXTY-FOUR
 HUNDREDTHS (0.64), PROVIDED THAT SUCH PRODUCT  SHALL  NOT  EXCEED  NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   B.  For  the purposes of calculating aid pursuant to this subdivision,
 aid for the city school district of the city of New York shall be calcu-
 lated on a citywide basis.
   [a. Foundation formula aid. Foundation formula  aid  shall  equal  the
 remainder  when  the  expected  minimum local contribution is subtracted

 S. 2006                            20                            A. 3006

 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 sixteen--two thousand  seventeen  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
 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

 S. 2006                            21                            A. 3006

 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
 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

 S. 2006                            22                            A. 3006

 (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  shall  equal  for  an  eligible  school
 district the greater of: (1) for a city school district in a city with a
 population  of  one million or more, seven and seven hundred eighty four
 thousandths percent (0.07784); or (2) for a city school  district  in  a
 city  with a population of more than two hundred fifty thousand but less
 than one million as of the most recent federal decennial  census,  seven
 and three hundredths percent (0.0703); or (3) for a city school district
 in  a  city with a population of more than two hundred thousand but less
 than two hundred fifty thousand as of the most recent federal  decennial
 census,  six  and  seventy-two hundredths percent (0.0672); or (4) for a
 city school district in a city  with  a  population  of  more  than  one
 hundred fifty thousand but less than two hundred thousand as of the most
 recent federal decennial census, six and seventy-four hundredths percent
 (0.0674);  or (5) for a city school district in a city with a population
 of more than one hundred twenty-five thousand but less than one  hundred
 fifty  thousand as of the most recent federal decennial census, nine and
 fifty-five hundredths percent (0.0955); or (6) for school districts that
 were designated  as  small  city  school  districts  or  central  school
 districts  whose  boundaries  include  a portion of a small city for the
 school aid computer listing produced by the commissioner in  support  of
 the  enacted  budget for the two thousand fourteen--two thousand fifteen
 school year and entitled "SA141-5" with a  combined  wealth  ratio  less
 than  one and four tenths (1.4), nine percent (0.09), provided, however,
 that for such districts that are also districts designated as high  need
 urban-suburban pursuant to clause (c) of subparagraph two of paragraph c
 of  subdivision  six of this section for the school aid computer listing
 produced by the commissioner in support of the enacted  budget  for  the
 two   thousand  seven--two  thousand  eight  school  year  and  entitled

 S. 2006                            23                            A. 3006

 "SA0708", nine  and  seven  hundred  and  nineteen  thousandths  percent
 (0.09719);  or  (7)  for  school districts designated as high need rural
 pursuant to clause (c) of subparagraph two of paragraph c of subdivision
 six  of this section for the school aid computer listing produced by the
 commissioner in support of the  enacted  budget  for  the  two  thousand
 seven--two  thousand  eight  school year and entitled "SA0708", thirteen
 and six tenths percent (0.136); or (8) for school  districts  designated
 as  high  need urban-suburban pursuant to clause (c) of subparagraph two
 of paragraph c of subdivision six of this section  for  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the two thousand seven--two thousand eight  school  year  and
 entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
 or  (9)  for all other eligible school districts, forty-seven hundredths
 percent (0.0047) and for the two thousand seventeen--two thousand  eigh-
 teen  school  year and thereafter the commissioner shall annually deter-
 mine the phase-in  foundation  increase  factor  subject  to  allocation
 pursuant  to  the provisions of subdivision eighteen of this section and
 any provisions of a chapter of the laws of New York as described  there-
 in.]
   b-1.  Notwithstanding  any other provision of law to the contrary, for
 the two thousand seven--two thousand eight school year  and  thereafter,
 the  additional  amount payable to each school district pursuant to this
 subdivision in the current year as total foundation aid, after deducting
 the total foundation aid base, shall be deemed  a  state  grant  in  aid
 identified  by  the commissioner for general use for purposes of section
 seventeen hundred eighteen of this chapter.
   [b-2. Due minimum for the two thousand sixteen--two thousand seventeen
 school year. Notwithstanding any other provision of law to the contrary,
 for the two thousand sixteen--two thousand  seventeen  school  year  the
 total foundation aid shall not be less than the sum of the total founda-
 tion  aid  base  computed  pursuant to paragraph j of subdivision one of
 this section plus the due minimum  for  the  two  thousand  sixteen--two
 thousand  seventeen  school year, where such due minimum shall equal the
 difference of (1) the product of (A) two percent  (0.02)  multiplied  by
 (B)  the  difference  of total foundation aid for the base year less the
 gap elimination adjustment for the base year, less (2) the  sum  of  (A)
 the  difference  of  the  amounts  set forth for each school district as
 "FOUNDATION AID" under the  heading  "2016-17  ESTIMATED  AIDS"  in  the
 school  aid  computer listing produced by the commissioner in support of
 the executive budget request for the two thousand sixteen--two  thousand
 seventeen  school year and entitled "BT161-7" less the amounts set forth
 for each school district as "FOUNDATION AID" under the heading  "2015-16
 BASE  YEAR  AIDS"  in such computer listing plus (B) the gap elimination
 adjustment for the base year.]
   c. Public excess cost aid setaside. Each  school  district  shall  set
 aside from its total foundation aid computed for the current year pursu-
 ant  to  this  subdivision  an  amount  equal to the product of: (i) the
 difference between the  amount  the  school  district  was  eligible  to
 receive in the two thousand six--two thousand seven school year pursuant
 to  or  in lieu of paragraph six of subdivision nineteen of this section
 as such paragraph existed on June thirtieth, two thousand  seven,  minus
 the  amount such district was eligible to receive pursuant to or in lieu
 of paragraph five of subdivision nineteen of this section as such  para-
 graph  existed  on  June  thirtieth,  two thousand seven, in such school
 year, and (ii) the sum of one and the percentage increase in the consum-
 er price index for the current year over such consumer price  index  for

 S. 2006                            24                            A. 3006
 
 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  through  two
 thousand  [sixteen]  SEVENTEEN--two thousand [seventeen] EIGHTEEN school
 years a city school district of  a  city  having  a  population  of  one
 million or more may use amounts apportioned pursuant to this subdivision
 for afterschool programs.
   e.  Community  schools  aid  set-aside. Each school district shall set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal to  [the  following  amount,  if
 any, for such district and] THE SUM OF (I) THE AMOUNT, IF ANY, SET FORTH
 FOR  SUCH  DISTRICT  AS  "COMMUNITY  SCHL AID (BT1617)" IN THE DATA FILE
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
 TWO  THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED
 "SA161-7" AND (II) THE AMOUNT, IF ANY, SET FORTH FOR  SUCH  DISTRICT  AS
 "COMMUNITY  SCHL  INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND  SEVENTEEN-
 -TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8". EACH SCHOOL
 DISTRICT shall use [the] SUCH "COMMUNITY SCHL AID (BT1617)"  amount  [so
 set aside] to support the transformation of school buildings into commu-
 nity  hubs  to  deliver  co-located  or  school-linked academic, health,
 mental health, nutrition, counseling, legal  and/or  other  services  to
 students  and  their  families, including but not limited to providing a
 community school site coordinator, or to support other costs incurred to
 maximize students' academic achievement[:]. EACH SCHOOL  DISTRICT  SHALL
 USE  SUCH  "COMMUNITY SCHL INCR" AMOUNT TO SUPPORT THE TRANSFORMATION OF
 SCHOOL BUILDINGS INTO COMMUNITY HUBS TO  DELIVER  CO-LOCATED  OR  SCHOOL
 LINKED  ACADEMIC,  HEALTH,  MENTAL  HEALTH, NUTRITION, COUNSELING, LEGAL
 AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT  NOT
 LIMITED  TO  PROVIDING  A COMMUNITY SCHOOL SITE COORDINATOR AND PROGRAMS
 FOR ENGLISH LANGUAGE LEARNERS.
 [Addison                                            $132,624
 Adirondack                                           $98,303
 Afton                                                $62,527
 Albany                                            $2,696,127
 Albion                                              $171,687
 Altmar-Parish-Williamstown                          $154,393
 Amityville                                          $140,803
 Amsterdam                                           $365,464
 Andover                                              $41,343
 Auburn                                              $211,759
 Ausable Valley                                       $82,258
 Avoca                                                $40,506
 Batavia                                             $116,085
 Bath                                                $139,788
 Beacon                                               $87,748
 Beaver River                                         $67,970
 Beekmantown                                          $98,308
 Belfast                                              $44,520
 Belleville Henderson                                 $21,795
 Binghamton                                          $477,949
 Bolivar-Richburg                                    $102,276
 Bradford                                             $28,058

 S. 2006                            25                            A. 3006

 Brasher Falls                                       $146,944
 Brentwood                                         $2,089,437
 Bridgewater-West Winfield (Mt. Markham)             $101,498
 Brocton                                              $63,939
 Brookfield                                           $24,973
 Brushton-Moira                                      $102,613
 Buffalo                                          $12,524,617
 Camden                                              $243,929
 Campbell-Savona                                      $81,862
 Canajoharie                                          $78,428
 Canaseraga                                           $24,622
 Candor                                               $69,400
 Canisteo-Greenwood                                  $105,783
 Carthage                                            $273,578
 Cassadaga Valley                                     $99,547
 Catskill                                             $69,599
 Cattaraugus-Little Valley                            $89,771
 Central Islip                                       $650,359
 Central Valley                                      $154,059
 Charlotte Valley                                     $27,925
 Chateaugay                                           $43,580
 Cheektowaga-Sloan                                    $68,242
 Chenango Valley                                      $46,359
 Cherry Valley-Springfield                            $29,704
 Cincinnatus                                          $71,378
 Clifton-Fine                                         $17,837
 Clyde-Savannah                                       $84,797
 Clymer                                               $28,267
 Cohoes                                              $110,625
 Copenhagen                                           $35,037
 Copiague                                            $308,995
 Cortland                                            $147,875
 Crown Point                                          $24,277
 Cuba-Rushford                                        $67,917
 Dalton-Nunda (Keshequa)                              $65,630
 Dansville                                           $136,766
 De Ruyter                                            $38,793
 Deposit                                              $37,615
 Dolgeville                                           $82,884
 Downsville                                           $10,000
 Dundee                                               $59,404
 Dunkirk                                             $224,658
 East Ramapo (Spring Valley)                         $360,848
 Edmeston                                             $30,288
 Edwards-Knox                                         $95,261
 Elizabethtown-Lewis                                  $14,844
 Ellenville                                          $128,950
 Elmira                                              $501,348
 Fallsburg                                           $111,523
 Fillmore                                             $84,252
 Forestville                                          $34,773
 Fort Edward                                          $32,403
 Fort Plain                                           $86,187
 Franklin                                             $19,086
 Franklinville                                        $84,503
 Freeport                                            $479,702

 S. 2006                            26                            A. 3006

 Friendship                                           $51,013
 Fulton                                              $241,424
 Genesee Valley                                       $65,066
 Geneva                                              $146,409
 Georgetown-South Otselic                             $34,626
 Gilbertsville-Mount Upton                            $30,930
 Glens Falls Common                                   $10,000
 Gloversville                                        $257,549
 Gouverneur                                          $197,139
 Gowanda                                             $122,173
 Granville                                            $86,044
 Green Island                                         $17,390
 Greene                                               $87,782
 Hadley-Luzerne                                       $37,868
 Hammond                                              $18,750
 Hancock                                              $34,174
 Hannibal                                            $149,286
 Harpursville                                         $89,804
 Hempstead                                         $3,123,056
 Herkimer                                             $64,467
 Hermon-Dekalb                                        $49,211
 Heuvelton                                            $53,905
 Hinsdale                                             $47,128
 Hornell                                             $152,327
 Hudson                                               $86,263
 Hudson Falls                                        $125,709
 Indian River                                        $404,452
 Jamestown                                           $422,610
 Jasper-Troupsburg                                    $65,899
 Jefferson                                            $22,350
 Johnson                                             $179,735
 Johnstown                                            $98,329
 Kingston                                            $241,138
 Kiryas Joel                                          $10,000
 La Fargeville                                        $36,602
 Lackawanna                                          $293,188
 Lansingburgh                                        $170,080
 Laurens                                              $32,110
 Liberty                                             $141,704
 Lisbon                                               $56,498
 Little Falls                                         $76,292
 Livingston Manor                                     $32,996
 Lowville                                            $117,907
 Lyme                                                 $15,856
 Lyons                                                $89,298
 Madison                                              $43,805
 Madrid-Waddington                                    $59,412
 Malone                                              $241,483
 Marathon                                             $79,560
 Margaretville                                        $10,000
 Massena                                             $227,985
 Mcgraw                                               $51,558
 Medina                                              $135,337
 Middleburgh                                          $58,936
 Middletown                                          $683,511
 Milford                                              $28,281

 S. 2006                            27                            A. 3006

 Monticello                                          $185,418
 Moriah                                               $76,592
 Morris                                               $45,012
 Morristown                                           $25,106
 Morrisville-Eaton                                    $62,490
 Mt Morris                                            $58,594
 Mt Vernon                                           $517,463
 New York City                                    $28,491,241
 Newark                                              $137,556
 Newburgh                                            $837,244
 Newfield                                             $60,998
 Niagara Falls                                       $733,330
 North Rose-Wolcott                                  $107,958
 Northern Adirondack                                  $84,115
 Norwich                                             $155,921
 Norwood-Norfolk                                     $116,262
 Odessa-Montour                                       $70,110
 Ogdensburg                                          $126,942
 Olean                                               $129,603
 Oppenheim-Ephratah-St. Johnsville                    $86,646
 Otego-Unadilla                                       $72,613
 Oxford Acad & Central Schools                        $80,443
 Parishville-Hopkinton                                $35,003
 Peekskill                                           $230,795
 Penn Yan                                             $71,001
 Pine Valley (South Dayton)                           $67,455
 Plattsburgh                                          $75,055
 Poland                                               $37,498
 Port Chester-Rye                                    $241,428
 Port Jervis                                         $189,220
 Poughkeepsie                                      $1,747,582
 Prattsburgh                                          $35,110
 Pulaski                                              $89,146
 Putnam                                               $10,000
 Randolph                                             $88,646
 Red Creek                                            $87,007
 Remsen                                               $32,650
 Rensselaer                                           $74,616
 Richfield Springs                                    $37,071
 Ripley                                               $18,495
 Rochester                                         $7,624,908
 Rome                                                $369,655
 Romulus                                              $22,112
 Roosevelt                                           $353,005
 Salamanca                                           $139,051
 Salmon River                                        $200,831
 Sandy Creek                                          $72,287
 Schenectady                                         $642,884
 Schenevus                                            $29,516
 Scio                                                 $47,097
 Sharon Springs                                       $26,994
 Sherburne-Earlville                                 $154,286
 Sherman                                              $45,067
 Sidney                                               $98,699
 Silver Creek                                         $68,538
 Sodus                                               $100,038

 S. 2006                            28                            A. 3006

 Solvay                                               $85,506
 South Kortright                                      $23,420
 South Lewis                                          $95,627
 South Seneca                                         $49,768
 Spencer-Van Etten                                    $76,108
 St Regis Falls                                       $30,078
 Stamford                                             $20,137
 Stockbridge Valley                                   $38,537
 Syracuse                                         $10,186,478
 Ticonderoga                                          $36,467
 Tioga                                                $99,411
 Troy                                                $277,420
 Unadilla Valley                                      $90,571
 Uniondale                                           $362,887
 Utica                                               $273,267
 Van Hornesville-Owen D. Young                        $18,604
 Walton                                               $82,541
 Warrensburg                                          $57,996
 Waterloo                                            $123,111
 Watertown                                           $222,343
 Watervliet                                           $94,487
 Waverly                                             $120,319
 Wayland-Cohocton                                    $125,273
 Wellsville                                          $114,359
 West Canada Valley                                   $58,917
 Westbury                                            $403,563
 Westfield                                            $46,542
 Whitehall                                            $46,192
 Whitesville                                          $26,719
 Whitney Point                                       $152,109
 William Floyd                                       $492,842
 Worcester                                            $26,862
 Wyandanch                                           $402,010
 Yonkers                                           $4,286,726
 Yorkshire-Pioneer                                  $210,306]
   §  22. The closing paragraph of subdivision 5-a of section 3602 of the
 education law, as amended by section 2 of part A of chapter  54  of  the
 laws of 2016, 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
 [sixteen]  SEVENTEEN--two  thousand  [seventeen]  EIGHTEEN 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".
   §  23. Paragraph b of subdivision 6-c of section 3602 of the education
 law, as amended by section 24 of part A of chapter 54  of  the  laws  of
 2016, is amended to read as follows:
   b.  For  projects  approved  by the commissioner authorized to receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary metal detectors, security cameras or other  security  devices

 S. 2006                            29                            A. 3006
 
 approved  by  the  commissioner that increase the safety of students and
 school personnel, provided that for  purposes  of  this  paragraph  such
 other  security  devices shall be limited to electronic security systems
 and  hardened  doors,  and  provided  that  for projects approved by the
 commissioner on or after the first day of July two thousand thirteen and
 before the first day of July  two  thousand  [seventeen]  EIGHTEEN  such
 additional  aid  shall  equal  the product of (i) the building aid ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion six of this section plus ten percentage points, except that  in  no
 case  shall  this amount exceed one hundred percent, and (ii) the actual
 approved expenditures incurred in the base year pursuant to this  subdi-
 vision,  provided  that the limitations on cost allowances prescribed by
 paragraph a of subdivision six of this  section  shall  not  apply,  and
 provided  further  that  any projects aided under this paragraph must be
 included in a district's school  safety  plan.  The  commissioner  shall
 annually  prescribe  a  special  cost allowance for metal detectors, and
 security cameras, and the approved expenditures shall  not  exceed  such
 cost allowance.
   §  24.  Subdivision 12 of section 3602 of the education law is amended
 by adding a  new undesignated paragraph to read as follows:
   FOR THE TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL  YEAR,
 EACH  SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE
 AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT  AS  "ACADEMIC  ENHANCEMENT"
 UNDER  THE  HEADING  "2016-17 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  BUDGET  FOR  THE
 TWO  THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED
 "SA161-7", 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.
   § 25. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as  amended by section 4 of part A of chapter 54 of the
 laws of 2016, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts, fifty percent (0.50). Each school district shall be  eligible
 to  receive  a  high tax aid apportionment in the two thousand nine--two
 thousand ten through two thousand twelve--two thousand  thirteen  school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment  in  the  two  thousand thirteen--two thousand fourteen through
 [two thousand sixteen--two thousand seventeen] TWO THOUSAND  SEVENTEEN--
 TWO  THOUSAND  EIGHTEEN  school  years  equal  to the greater of (1) the
 amount set forth for such school district as "HIGH TAX  AID"  under  the
 heading  "2008-09  BASE  YEAR  AIDS"  in the school aid computer listing
 produced by the commissioner in support of the budget for the two  thou-

 S. 2006                            30                            A. 3006
 
 sand nine--two thousand ten school year and entitled "SA0910" or (2) the
 amount  set  forth  for such school district as "HIGH TAX AID" under the
 heading "2013-14 ESTIMATED AIDS" in  the  school  aid  computer  listing
 produced  by the commissioner in support of the executive budget for the
 2013-14 fiscal year and entitled "BT131-4".
   § 26. Subdivision 10 of  section  3602-e  of  the  education  law,  as
 amended  by  section 22 of part B of chapter 57 of the laws of 2008, the
 opening paragraph as amended by section 5 of part A of chapter 54 of the
 laws of 2016, is amended to read as follows:
   10. Universal prekindergarten aid.  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 electronic 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 eleven school years,
 such school district shall be eligible for a maximum grant equal to  the
 amount  computed  pursuant  to  paragraph  a of subdivision 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 PREKINDERGARTEN" under  the
 heading  "2011-12  ESTIMATED  AIDS"  in  the school aid computer listing
 produced by the commissioner in support of the enacted  budget  for  the
 2011-12 school year and entitled "SA111-2", and for two thousand twelve-
 -two thousand thirteen through two thousand sixteen--two thousand seven-
 teen  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  commis-
 sioner  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  commis-
 sioner  on May fifteenth, two thousand eleven pursuant to paragraph b of
 subdivision twenty-one of section three hundred five  of  this  chapter,
 AND  FOR  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
 AND THEREAFTER EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT
 AMOUNT EQUAL TO THE SUM OF (I) THE AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL
 DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER THE HEADING "2016-17 ESTI-
 MATED  AIDS"  IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
 SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE 2016-17 SCHOOL YEAR  AND
 ENTITLED  "SA161-7" PLUS (II) THE AMOUNT AWARDED TO SUCH SCHOOL DISTRICT
 FOR THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY  PREKIN-
 DERGARTEN  GRANT  PROGRAM  FOR  HIGH  NEED STUDENTS FOR THE TWO THOUSAND
 SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO  CHAPTER  FIFTY-
 THREE  OF  THE  LAWS OF TWO THOUSAND FOURTEEN, and provided further that

 S. 2006                            31                            A. 3006
 
 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.
   a.  Each  school district shall be eligible to [receive a grant amount
 equal to the sum of (i) its prekindergarten aid base plus (ii) the prod-
 uct of its selected aid per  prekindergarten  pupil  multiplied  by  the
 positive  difference,  if  any  of the number of aidable prekindergarten
 pupils served in the current year, as determined pursuant to regulations
 of the commissioner, less the base aidable prekindergarten pupils calcu-
 lated pursuant to this subdivision for the two thousand seven--two thou-
 sand eight school year, based on data on file for the school aid comput-
 er listing produced by the commissioner in support of the enacted budget
 for the two thousand seven--two thousand eight school year and  entitled
 "SA070-8".  Provided, however, that in computing an apportionment pursu-
 ant to this paragraph, for districts where the number of aidable prekin-
 dergarten pupils served is less than the number of  unserved  prekinder-
 garten  pupils,  such  grant  amount  shall  be  the  lesser of such sum
 computed pursuant to this paragraph or the maximum  allocation  computed
 pursuant to subdivision nine of this section] SERVE THE SUM OF (I) FULL-
 DAY PREKINDERGARTEN PUPILS PLUS (II) HALF-DAY PREKINDERGARTEN PUPILS.
   b. For purposes of paragraph a of this subdivision:
   (i)  "Selected  aid per prekindergarten pupil" shall equal the greater
 of (A) the product of five-tenths and the  school  district's  [selected
 foundation  aid]  OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH HH OF
 SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  ARTICLE  for
 the  current  year, or (B) [the aid per prekindergarten pupil calculated
 pursuant to this subdivision for the two thousand six-two thousand seven
 school year, based on data on file for the school aid  computer  listing
 produced  by  the  commissioner in support of the enacted budget for the
 two thousand six--two thousand seven school year and entitled "SA060-7";
 provided, however, that in the two  thousand  eight--two  thousand  nine
 school year, a city school district in a city having a population of one
 million  inhabitants  or  more  shall  not be eligible to select aid per
 prekindergarten pupil pursuant to clause (A) of this subparagraph] TWEN-
 TY-SEVEN HUNDRED DOLLARS ($2,700);
   (ii) ["Base aidable prekindergarten pupils". "Base aidable  prekinder-
 garten  pupils"  shall equal the sum of the base aidable prekindergarten
 pupils calculated pursuant to this subdivision for the base year,  based
 on  data  on  file  for  the school aid computer listing produced by the
 commissioner in support of the enacted budget for the  base  year,  plus
 the  additional  aidable  prekindergarten  pupils calculated pursuant to
 this subdivision for the base year, based on data on file for the school
 aid computer listing produced by the  commissioner  in  support  of  the
 enacted  budget  for  the  base  year] "FULL-DAY PREKINDERGARTEN PUPILS"
 SHALL EQUAL (I) THE MAXIMUM AIDABLE FULL-DAY PREKINDERGARTEN PUPILS SUCH
 DISTRICT WAS ELIGIBLE TO SERVE FOR THE PRIORITY FULL-DAY PREKINDERGARTEN
 AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM FOR THE TWO THOUSAND
 SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO  CHAPTER  FIFTY-
 THREE OF THE LAWS OF TWO THOUSAND FOURTEEN PLUS (II) THE NUMBER OF HALF-
 DAY  PREKINDERGARTEN  PUPILS  CONVERTED  INTO A FULL-DAY PREKINDERGARTEN
 PUPIL UNDER THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED  HALF-DAY
 PREKINDERGARTEN GRANT PROGRAM FOR HIGH NEED STUDENTS PURSUANT TO CHAPTER
 FIFTY-THREE OF THE LAWS OF TWO THOUSAND FOURTEEN;
   (iii) "HALF-DAY PREKINDERGARTEN PUPILS SHALL EQUAL (A) (I) THE MAXIMUM
 AIDABLE  UNIVERSAL  PREKINDERGARTEN PUPILS EACH DISTRICT WAS ELIGIBLE TO
 SERVE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL  YEAR

 S. 2006                            32                            A. 3006
 
 PURSUANT  TO THIS SECTION PLUS (II) THE MAXIMUM AIDABLE HALF-DAY PREKIN-
 DERGARTEN PUPILS SUCH DISTRICT WAS ELIGIBLE TO SERVE  FOR  THE  PRIORITY
 FULL-DAY  PREKINDERGARTEN  AND  EXPANDED  HALF-DAY PREKINDERGARTEN GRANT
 PROGRAM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
 PURSUANT  TO  CHAPTER  FIFTY-THREE  OF THE LAWS OF TWO THOUSAND FOURTEEN
 MINUS (B) THE NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS CONVERTED INTO A
 FULL-DAY PREKINDERGARTEN PUPIL UNDER THE PRIORITY FULL-DAY PREKINDERGAR-
 TEN AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM  FOR  HIGH  NEED
 STUDENTS  PURSUANT  TO  CHAPTER  FIFTY-THREE OF THE LAWS OF TWO THOUSAND
 FOURTEEN;
   (IV) "Unserved prekindergarten  pupils"  shall  mean  the  product  of
 eighty-five  percent  multiplied  by  the  positive  difference, if any,
 between the sum of the public school enrollment and the nonpublic school
 enrollment of children attending full  day  and  half  day  kindergarten
 programs  in  the  district  in the year prior to the base year less the
 number of resident children who attain the age of four  before  December
 first  of  the  base  year, who were served during such school year by a
 prekindergarten program approved pursuant to section forty-four  hundred
 ten of this chapter, where such services are provided for more than four
 hours per day;
   [(iv)  "Additional  aidable prekindergarten pupils". For the two thou-
 sand seven--two thousand eight through two thousand eight--two  thousand
 nine  school  years,  "additional  aidable prekindergarten pupils" shall
 equal the product of  (A)  the  positive  difference,  if  any,  of  the
 unserved  prekindergarten  pupils  less the base aidable prekindergarten
 pupils multiplied by (B) the prekindergarten phase-in factor;
   (v) the "prekindergarten aid base" shall mean the sum of  the  amounts
 the  school  district  received  for  the two thousand six--two thousand
 seven school year for grants awarded pursuant to this  section  and  for
 targeted prekindergarten grants;
   (vi)  The  "prekindergarten  phase-in  factor".  For  the two thousand
 eight--two thousand  nine  school  year,  the  prekindergarten  phase-in
 factor  shall  equal  the positive difference, if any, of the pupil need
 index computed pursuant to subparagraph three of paragraph a of subdivi-
 sion four of section thirty-six hundred  two  of  this  part  less  one,
 provided,  however,  that:  (A)  for  any district where (1) the maximum
 allocation computed pursuant to subdivision nine of this section for the
 base year is greater than zero and (2) the amount allocated pursuant  to
 this subdivision for the base year, based on data on file for the school
 aid  computer listing produced by the commissioner on February fifteenth
 of the base year, pursuant to paragraph b of subdivision  twenty-one  of
 section three hundred five of this chapter, is greater than the positive
 difference,  if  any,  of such maximum allocation for the base year less
 twenty-seven hundred, the  prekindergarten  phase-in  factor  shall  not
 exceed eighteen percent, and shall not be less than ten percent, and (B)
 for  any  district  not  subject to the provisions of clause (A) of this
 subparagraph where (1) the amount allocated pursuant to this subdivision
 for the base year is equal to zero or (2) the amount allocated  pursuant
 to  this section for the base year, based on data on file for the school
 aid computer listing produced by the commissioner on February  fifteenth
 of  the  base year, pursuant to paragraph b of subdivision twenty-one of
 section three hundred five of this chapter, is less than or equal to the
 amount allocated pursuant to this section for the year prior to the base
 year, based on data on file for the school aid computer listing produced
 by the commissioner on February fifteenth of the base year, pursuant  to
 paragraph  b  of subdivision twenty-one of section three hundred five of

 S. 2006                            33                            A. 3006

 this chapter, the prekindergarten phase-in factor shall equal zero,  and
 (C)  for any district not subject to the provisions of clause (A) or (B)
 of this subparagraph, the  prekindergarten  phase-in  factor  shall  not
 exceed thirteen percent, and shall not be less than seven percent;
   (vii)  "Base  year"  shall  mean  the base year as defined pursuant to
 subdivision one of section thirty-six hundred two of this part.]
   c. Notwithstanding any other provision  of  this  section,  the  total
 grant  payable  pursuant  to this section shall equal the lesser of: (i)
 the total grant amounts computed pursuant to this  subdivision  for  the
 current  year, based on data on file with the commissioner as of Septem-
 ber first of the school year immediately following  or  (ii)  the  total
 actual grant expenditures incurred by the school district as approved by
 the commissioner.
   D. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, APPORTIONMENTS
 UNDER THIS SECTION GREATER THAN THE AMOUNTS PROVIDED IN THE TWO THOUSAND
 SIXTEEN--TWO  THOUSAND  SEVENTEEN  SCHOOL  YEAR  SHALL  ONLY  BE USED TO
 SUPPLEMENT AND NOT SUPPLANT CURRENT LOCAL EXPENDITURES OF FEDERAL, STATE
 OR LOCAL FUNDS ON PREKINDERGARTEN PROGRAMS AND THE NUMBER  OF  SLOTS  IN
 SUCH  PROGRAMS  FROM  SUCH  SOURCES.  CURRENT  LOCAL  EXPENDITURES SHALL
 INCLUDE ANY LOCAL EXPENDITURES OF FEDERAL, STATE OR LOCAL FUNDS USED  TO
 SUPPLEMENT  OR  EXTEND  SERVICES  PROVIDED  DIRECTLY  OR VIA CONTRACT TO
 ELIGIBLE CHILDREN ENROLLED IN A UNIVERSAL PREKINDERGARTEN PROGRAM PURSU-
 ANT TO THIS SECTION.
   § 27. Subdivision 11 of  section  3602-e  of  the  education  law,  as
 amended  by section 10-b of part A of chapter 57 of the laws of 2012, is
 amended to read as follows:
   11. A. Notwithstanding the  provisions  of  subdivision  ten  of  this
 section,  where the district serves fewer [children] FULL-DAY PREKINDER-
 GARTEN PUPILS during the current year than [the lesser of  the  children
 served  in  the two thousand ten--two thousand eleven school year or its
 base aidable  prekindergarten  pupils  computed  for  the  two  thousand
 seven--two  thousand  eight  school  year]  THE NUMBER OF ELIGIBLE TOTAL
 FULL-DAY PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN  PARAGRAPH
 B OF SUBDIVISION TEN OF THIS SECTION, the school district shall have its
 apportionment  reduced  [in an amount proportional to such deficiency in
 the current year or in the succeeding school year, as determined by  the
 commissioner,  except such reduction shall not apply to school districts
 which have fully implemented a  universal  pre-kindergarten  program  by
 making  such  program  available  to  all  eligible  children.  Expenses
 incurred by the  school  district  in  implementing  a  pre-kindergarten
 program  plan  pursuant  to  this  subdivision  shall be deemed ordinary
 contingent expenses] BY THE PRODUCT OF TWO MULTIPLIED BY AMOUNT  OF  THE
 SELECTED AID PER PREKINDERGARTEN PUPIL PURSUANT TO PARAGRAPH B OF SUBDI-
 VISION  TEN  OF  THIS  SECTION  MULTIPLIED BY THE DIFFERENCE OF ELIGIBLE
 TOTAL FULL-DAY PREKINDERGARTEN PUPILS LESS THE NUMBER OF FULL-DAY  PREK-
 INDERGARTEN PUPILS ACTUALLY SERVED.
   B.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION,
 WHERE THE DISTRICT SERVES FEWER HALF-DAY PREKINDERGARTEN  PUPILS  DURING
 THE  CURRENT  YEAR THAN THE NUMBER OF ELIGIBLE TOTAL HALF-DAY PREKINDER-
 GARTEN PUPILS SET FORTH FOR THE DISTRICT IN PARAGRAPH B  OF  SUBDIVISION
 TEN  OF  THIS  SECTION, THE SCHOOL DISTRICT SHALL HAVE ITS APPORTIONMENT
 REDUCED BY THE AMOUNT OF THE  SELECTED  AID  PER  PREKINDERGARTEN  PUPIL
 PURSUANT TO PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION MULTIPLIED BY
 THE  DIFFERENCE  OF  ELIGIBLE TOTAL HALF-DAY PREKINDERGARTEN PUPILS LESS
 THE  NUMBER  OF  HALF-DAY  PREKINDERGARTEN   PUPILS   ACTUALLY   SERVED.
 PROVIDED,  HOWEVER, THAT IN CALCULATING ANY SUCH REDUCTION IN APPORTION-

 S. 2006                            34                            A. 3006
 
 MENT, THE COMMISSIONER SHALL EXCLUDE  THE  REDUCTION,  IF  ANY,  IN  THE
 NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS SERVED DURING THE CURRENT YEAR
 OCCURRING  DUE  TO THE CONVERSION OF HALF-DAY PREKINDERGARTEN SLOTS INTO
 FULL-DAY  PREKINDERGARTEN  SLOTS  USING  FEDERAL OR LOCAL FUNDS OR STATE
 FUNDS OTHER THAN THOSE PROVIDED PURSUANT TO THIS SECTION.
   § 28. Paragraphs b and f of subdivision 12 of section  3602-e  of  the
 education  law,  as amended by section 19 of part B of chapter 57 of the
 laws of 2007, are amended to read as follows:
   b. [minimum] curriculum standards [that] CONSISTENT WITH THE NEW  YORK
 STATE  PREKINDERGARTEN  EARLY  LEARNING  STANDARDS  TO  ensure that such
 programs have strong instructional content that is integrated  with  the
 school  district's instructional program in grades kindergarten [though]
 THROUGH twelve;
   f. time requirements which reflect the needs of the individual  school
 districts  [for  flexibility, but meeting a minimum weekly time require-
 ment]; PROVIDED, HOWEVER, THAT A FULL-DAY SHALL BE CONSIDERED A  MINIMUM
 OF  FIVE  HOURS PER SCHOOL DAY, AND A HALF-DAY SHALL BE A MINIMUM OF TWO
 AND ONE-HALF HOURS PER SCHOOL DAY;
   § 29. Subdivision 14 of  section  3602-e  of  the  education  law,  as
 amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
 amended to read as follows:
   14. On February fifteenth, two thousand, and annually thereafter,  the
 commissioner and the board of regents shall include in its annual report
 to  the  legislature  AND  THE GOVERNOR, information on school districts
 receiving grants under  this  section;  the  amount  of  each  grant;  a
 description of the program that each grant supports and an assessment by
 the  commissioner  of  the  extent to which the program meets measurable
 outcomes required by the grant program or regulations  of  such  commis-
 sioner;  and any other relevant information, WHICH SHALL INCLUDE BUT NOT
 BE LIMITED TO THE FOLLOWING: (A) (I) THE TOTAL NUMBER OF STUDENTS SERVED
 IN STATE-FUNDED DISTRICT-OPERATED  PREKINDERGARTEN  PROGRAMS,  (II)  THE
 TOTAL  NUMBER OF STUDENTS SERVED IN STATE-FUNDED COMMUNITY-BASED PREKIN-
 DERGARTEN PROGRAMS, (III) THE TOTAL NUMBER OF STUDENTS SERVED IN  STATE-
 FUNDED  HALF-DAY  PREKINDERGARTEN PROGRAMS, AND (IV) THE TOTAL NUMBER OF
 STUDENTS SERVED IN STATE-FUNDED FULL-DAY PREKINDERGARTEN  PROGRAMS;  (B)
 (I)  THE  TOTAL  NUMBER OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY
 FUNDED DISTRICT-OPERATED PREKINDERGARTEN PROGRAMS, (II) THE TOTAL NUMBER
 OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY FUNDED  COMMUNITY-BASED
 PREKINDERGARTEN  PROGRAMS,  (III) THE TOTAL NUMBER OF STUDENTS SERVED IN
 STATE, FEDERAL AND LOCALLY FUNDED HALF-DAY PREKINDERGARTEN PROGRAMS, AND
 (IV) THE TOTAL NUMBER OF STUDENTS SERVED IN STATE, FEDERAL  AND  LOCALLY
 FUNDED  FULL-DAY PREKINDERGARTEN PROGRAMS; AND (C) THE TOTAL SPENDING ON
 PREKINDERGARTEN PROGRAMS FROM STATE, FEDERAL, AND  LOCAL  SOURCES.  Such
 report  shall  also  contain any recommendations to improve or otherwise
 change the program.
   § 30. Section 3602-e of the education law is amended by adding  a  new
 subdivision 17 to read as follows:
   17.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, AS A CONDITION
 OF ELIGIBILITY FOR   RECEIPT OF FUNDING  PURSUANT  TO  THIS  SECTION,  A
 SCHOOL  DISTRICT SHALL AGREE TO ADOPT APPROVED QUALITY INDICATORS WITHIN
 TWO YEARS, INCLUDING, BUT NOT LIMITED TO, VALID AND RELIABLE MEASURES OF
 ENVIRONMENTAL QUALITY, THE QUALITY OF TEACHER-STUDENT  INTERACTIONS  AND
 CHILD  OUTCOMES,  AND  ENSURE THAT ANY SUCH ASSESSMENT OF CHILD OUTCOMES
 SHALL NOT BE USED TO MAKE HIGH-STAKES EDUCATIONAL DECISIONS FOR INDIVID-
 UAL CHILDREN.

 S. 2006                            35                            A. 3006
 
   § 31. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by  section  23 of part A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [seventeen]  EIGHTEEN;  provided  that  the  program  shall continue and
 remain in full effect.
   § 32. Paragraph a of subdivision 5 of section 3604  of  the  education
 law,  as  amended by chapter 161 of the laws of 2005, is amended to read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall be corrected by the commissioner. Whenever a school  district  has
 been  apportioned  less  money  than  that  to which it is entitled, the
 commissioner may allot to such district the balance to which it is enti-
 tled. Whenever a school district has been apportioned  more  money  than
 that  to which it is entitled, the commissioner may, by an order, direct
 such moneys to be paid back to the state to be credited to  the  general
 fund  local  assistance  account  for  state  aid to the schools, or may
 deduct such amount from the  next  apportionment  to  be  made  to  said
 district,  provided, however, that, upon notification of excess payments
 of aid for which a recovery must be made by the state through  deduction
 of  future  aid payments, a school district may request that such excess
 payments be  recovered  by  deducting  such  excess  payments  from  the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two  succeeding  school  years,  provided further that there shall be no
 interest penalty assessed against such  district  or  collected  by  the
 state.  Such  request  shall be made to the commissioner in such form as
 the commissioner shall prescribe, and shall be  based  on  documentation
 that the total amount to be recovered is in excess of one percent of the
 district's  total  general  fund  expenditures  for the preceding school
 year. The amount to be deducted in the first year shall be  the  greater
 of  (i) the sum of the amount of such excess payments that is recognized
 as a liability due to other governments by the district for the  preced-
 ing  school year and the positive remainder of the district's unreserved
 fund balance at the close of the preceding school year less the  product
 of  the  district's  total  general  fund expenditures for the preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments. The amount to be recovered in the second year shall equal  the
 lesser  of  the remaining amount of such excess payments to be recovered
 or one-third of such excess payments, and the remaining amount  of  such
 excess  payments  shall be recovered in the third year. Provided further
 that, notwithstanding any other  provisions  of  this  subdivision,  any
 pending  payment  of moneys due to such district as a prior year adjust-
 ment payable pursuant to paragraph c of this subdivision for aid  claims
 that  had been previously paid as current year aid payments in excess of
 the amount to which the district is entitled and for which  recovery  of
 excess  payments  is  to  be  made  pursuant to this paragraph, shall be
 reduced at the time of  actual  payment  by  any  remaining  unrecovered
 balance  of such excess payments, and the remaining scheduled deductions
 of such excess payments pursuant to this paragraph shall be  reduced  by
 the  commissioner  to reflect the amount so recovered. [The commissioner
 shall certify no payment to a school district based on a claim submitted
 later than three years after the close of the school year in which  such
 payment  was first to be made.  For claims for which payment is first to
 be made in the nineteen hundred  ninety-six--ninety-seven  school  year,

 S. 2006                            36                            A. 3006

 the  commissioner shall certify no payment to a school district based on
 a claim submitted later than two years after the close  of  such  school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred  ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND SIXTEEN--
 TWO THOUSAND SEVENTEEN school year [and  thereafter],  the  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than one year after the close of such school year. FOR CLAIMS FOR
 WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND SIXTEEN--TWO THOU-
 SAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTI-
 FY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN
 THE FIRST OF  NOVEMBER  OF  SUCH  SCHOOL  YEAR.  Provided,  however,  no
 payments  shall be barred or reduced where such payment is required as a
 result of a final audit of the state.  [It  is  further  provided  that,
 until  June thirtieth, nineteen hundred ninety-six, the commissioner may
 grant a waiver from the  provisions  of  this  section  for  any  school
 district  if  it  is  in  the best educational interests of the district
 pursuant to guidelines developed by the commissioner and approved by the
 director of the budget.] FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS
 PROVIDED  PURSUANT  TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
 SEVEN HUNDRED FIFTY-ONE, SEVEN  HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED
 FIFTY,  THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX  HUNDRED TWO-B, THIRTY-SIX
 HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED  FIVE  OF
 THIS  CHAPTER  FOR  THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEARS, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SEVENTEEN--TWO  THOU-
 SAND  EIGHTEEN  STATE  FISCAL  YEAR  AND ENTITLED "BT171-8", AND FURTHER
 PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
 HUNDRED ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED  FIFTY, THIRTY-SIX HUNDRED TWO,
 THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
 TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
 SCHOOL YEAR COMMENCES.
   § 33. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  10 of part A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand sixteen--two thousand seventeen school
 year, "moneys apportioned" shall mean the lesser of (i) the sum  of  one
 hundred  percent  of  the  respective  amount  set forth for each school
 district as payable pursuant to this section in the school aid  computer
 listing  for the current year produced by the commissioner in support of
 the budget which includes the appropriation for the general support  for
 public  schools  for the prescribed payments and individualized payments
 due prior to April first for the current  year  plus  the  apportionment

 S. 2006                            37                            A. 3006

 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  ninety-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 thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment 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  busi-
 ness  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  sixteen--two thousand seventeen school year, reference to such
 "school aid computer listing for the current year" shall mean the print-
 outs entitled "SA161-7".] FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPOR-
 TIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT  OF
 THE  RESPECTIVE  AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE
 PURSUANT TO THIS SECTION IN THE SCHOOL  AID  COMPUTER  LISTING  FOR  THE
 CURRENT  YEAR  PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE
 BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL  SUPPORT
 FOR  PUBLIC  SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED
 PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS  THE  APPOR-
 TIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS
 SIX-A  AND  FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS
 ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT  TO  SUBDIVISION  SEVEN  OF
 SECTION  THIRTY-SIX  HUNDRED  FOUR  OF  THIS  PART OR ANY DEDUCTION FROM
 APPORTIONMENT PAYABLE PURSUANT TO  THIS  CHAPTER  FOR  COLLECTION  OF  A
 SCHOOL  DISTRICT  BASIC  CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B  OF  SUBDIVISION  FOUR  OF
 SECTION  NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBDIVISIONS SIX OF SECTION NINETY-SEVEN-NNNN OF  THE  STATE
 FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPOR-
 TIONMENT 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  BUSI-
 NESS  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

 S. 2006                            38                            A. 3006
 
 HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID
 COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
 "BT171-8".
   §  34.  Paragraph  b of subdivision 2 of section 3612 of the education
 law, as amended by section 26 of part A of chapter 54  of  the  laws  of
 2016, 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 sixteen--two thousand seventeen]  TWO  THOUSAND  SEVENTEEN--TWO
 THOUSAND EIGHTEEN.
   §  35.  Subdivision 6 of section 4402 of the education law, as amended
 by section 27 of part A of chapter 54 of the laws of 2016, 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 [seventeen] EIGHTEEN of  the
 [two  thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--
 TWO THOUSAND EIGHTEEN school year, be authorized to increase class sizes
 in special classes containing students with disabilities whose age rang-
 es 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

 S. 2006                            39                            A. 3006
 
 problems at the secondary level and will implement a  corrective  action
 plan  to  increase the rate of attendance of students in such classes to
 at least the rate for students attending regular  education  classes  in
 secondary  schools of the district. Such corrective action plan shall be
 submitted for approval by the commissioner by a date during  the  school
 year  in  which such board increases class sizes as provided pursuant to
 this subdivision to be prescribed by the  commissioner.  Upon  at  least
 thirty  days  notice  to the board of education, after conclusion of the
 school year in which such board increases class sizes as provided pursu-
 ant to this subdivision, the commissioner shall be authorized to  termi-
 nate  such  authorization  upon  a  finding that the board has failed to
 develop or implement an approved corrective action plan.
   § 36. The education law is amended by adding a new section  4403-a  to
 read as follows:
   §  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 MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
 ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
 DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
 PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
 WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
 BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
 SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
 MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
 DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
 IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
 IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
 PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
   3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
 SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
 SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
 REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
 FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
 NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
 LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
 PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
 WHICH A WAIVER IS GRANTED.

 S. 2006                            40                            A. 3006
 
   § 37. Subparagraph (i) of paragraph a of  subdivision  10  of  section
 4410  of the education law is amended by adding a new clause (D) to read
 as follows:
   (D)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, COMMENCING WITH THE TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR,  APPROVED  PRESCHOOL  INTEGRATED  SPECIAL  CLASS
 PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON  AN  ALTERNATIVE
 METHODOLOGY FOR REIMBURSEMENT TO BE ESTABLISHED BY THE COMMISSIONER. THE
 ALTERNATIVE  METHODOLOGY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
 BUDGET, SHALL BE PROPOSED BY THE DEPARTMENT NO LATER THAN OCTOBER FIRST,
 TWO THOUSAND SEVENTEEN.
   § 38. Subdivision 1 of section 4452 of the education law, as added  by
 chapter  740  of the laws of 1982, paragraph e as amended by chapter 536
 of the laws of 1997, is amended to read as follows:
   1. In order to provide for educational programs to meet special  needs
 of  gifted  pupils, the commissioner is hereby authorized to make recom-
 mendations to school districts in accordance with the provisions of this
 subdivision and section thirty-six hundred two of this chapter.
   a. As used in this article, the term "gifted pupils" shall mean  those
 pupils  who show evidence of high performance capability and exceptional
 potential in areas such as general intellectual ability, special academ-
 ic aptitude and outstanding ability in visual and performing arts.  Such
 definition  shall  include those pupils who require educational programs
 or services beyond those normally provided by the regular school program
 in order to realize their full potential.
   b. Prior to payment of state funds for education of gifted  pupils,  a
 school  district shall submit to the commissioner a summary plan for the
 identification and education of gifted pupils.   The plan  shall  be  in
 form and content as prescribed by the commissioner.
   c.  Upon  acceptance  by a local school district of the apportionments
 made under section thirty-six hundred two of this chapter such  district
 shall  use  such funding in accordance with guidelines to be established
 by the commissioner for services to gifted pupils. Such  services  shall
 include  but  not  be limited to identification, instructional programs,
 planning, inservice education and program evaluation. A board of  educa-
 tion  may  contract with another district or board of cooperative educa-
 tional services to provide the program and/or services with the approval
 of the commissioner under guidelines established by the commissioner.
   [d. The identification of pupils for participation in gifted  programs
 funded  under  this  chapter  shall  commence  through the referral of a
 parent, teacher, or administrator.
   e. Upon referral of a pupil for  participation  in  a  gifted  program
 funded  under this chapter] D. FOR ANY SCHOOL DISTRICT OFFERING A GIFTED
 PROGRAM THROUGH THIS CHAPTER, the school district shall  so  inform  the
 parent  or  guardian  of  such [pupil's referral] PROGRAM and shall seek
 their approval to administer diagnostic tests or other evaluation  mech-
 anisms  related  to  the  program objectives of the district in order to
 determine eligibility for participation in such gifted program.  Failing
 to receive approval, the child shall not be tested, evaluated or partic-
 ipate in the program.  In no case shall the parent, guardian or pupil be
 charged  a  fee for the administration of such diagnostic tests or other
 evaluation mechanisms. PROVIDED THAT, ANY  SCHOOL  DISTRICT  OFFERING  A
 PROGRAM  UNDER  THIS SECTION SHALL PROVIDE THE OPPORTUNITY TO ADMINISTER
 SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS FOR ALL STUDENTS IN
 A GRADE.

 S. 2006                            41                            A. 3006
 
   [f.] E. The parent or guardian of a pupil designated as  gifted  shall
 be  informed by the local school authorities of the pupil's placement in
 such gifted program funded under this chapter.
   §  39.  Subparagraph (ii) of paragraph (a) of subdivision 9 of section
 103 of the general municipal law, as amended by chapter 62 of  the  laws
 of 2016, is amended to read as follows:
   (ii)  such  association of producers or growers is comprised of owners
 of farms who also operate such farms and have combined to fill the order
 of a school district, and where such order is for [twenty-five thousand]
 ONE HUNDRED THOUSAND dollars or  less  as  herein  authorized,  provided
 however,  that a school district may apply to the commissioner of educa-
 tion for permission to purchase orders of more than  [twenty-five  thou-
 sand] ONE HUNDRED THOUSAND dollars from an association of owners of such
 farms  when  no  other producers or growers have offered to sell to such
 school;
   § 40. 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 18 of part A of chapter 56 of the laws of 2015, is
 amended to read as follows:
   §  7.  This  act shall take effect September 1, 1998, and shall expire
 and be deemed repealed September 1, [2017] 2019.
   § 41. Subdivision 6-a of section 140 of chapter  82  of  the  laws  of
 1995,  amending  the  education  law  and certain other laws relating to
 state aid to school districts and the appropriation  of  funds  for  the
 support  of  government, as amended by section 17-a of part A of chapter
 57 of the laws of 2012, is amended to read as follows:
   (6-a) Section seventy-three of this act shall take effect July 1, 1995
 and shall be deemed repealed June 30, [2017] 2022;
   § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa-
 tion law and other laws relating to reorganization of the New York  city
 school  construction authority, board of education and community boards,
 as amended by section 1 of part O of chapter 73 of the laws of 2016,  is
 amended to read as follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one  through  twenty, twenty-four, and twenty-six through thirty of this
 act shall expire and be deemed repealed June 30, [2017]  2020  provided,
 further,  that notwithstanding any provision of article 5 of the general
 construction law, on June 30, [2017] 2020 the provisions of subdivisions
 3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
 b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
 2554 of the education law as repealed by  section  three  of  this  act,
 subdivision  1  of  section  2590-b  of the education law as repealed by
 section six of this act, paragraph  (a)  of  subdivision  2  of  section
 2590-b  of  the  education law as repealed by section seven of this act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as repealed by section twenty-six of this act, subdivision 1 of  section
 2590-e  of the education law as repealed by section twenty-seven of this
 act, subdivision 28 of section 2590-h of the education law  as  repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision  30-a  of  section  2590-h  of  the  education law as repealed by
 section thirty of this  act  shall  be  revived  and  be  read  as  such
 provisions  existed  in law on the date immediately preceding the effec-
 tive date of this act; provided, however, that sections seven and  eight
 of  this  act  shall  take effect on November 30, 2003; provided further

 S. 2006                            42                            A. 3006
 
 that the amendments to subdivision 25 of section 2554 of  the  education
 law  made  by section two of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 12 of chapter  147
 of  the  laws of 2001, as amended, when upon such date the provisions of
 section four of this act shall take effect.
   § 43. Subdivision 12 of section 17 of chapter 345 of the laws of  2009
 amending  the education law and other laws relating to the New York city
 board of education, chancellor, community councils, and community super-
 intendents, as amended by section 2 of part O of chapter 73 of the  laws
 of 2016, is amended to read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
 and be deemed repealed June 30, [2017] 2020.
   §  44.  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
 28 of part A of chapter 54 of the laws of 2016, is amended  to  read  as
 follows:
   b.  Reimbursement for programs approved in accordance with subdivision
 a of this section for [the 2012--2013 school year shall not exceed  63.3
 percent  of  the  lesser  of  such  approvable costs per contact hour or
 twelve dollars and thirty-five cents per contact hour, reimbursement for
 the 2013--2014 school year shall not exceed 62.3 percent of  the  lesser
 of  such  approvable costs per contact hour or twelve dollars and sixty-
 five cents per contact hour, reimbursement  for  the  2014--2015  school
 year  shall  not  exceed  61.6  percent of the lesser of such approvable
 costs per contact hour or thirteen dollars per contact hour,  reimburse-
 ment  for]  the  2015--2016 school year shall not exceed 60.7 percent of
 the lesser of such approvable costs per contact hour or thirteen dollars
 and forty cents per contact hour, [and] reimbursement for the 2016--2017
 school year shall not exceed 60.3 percent of the lesser of such approva-
 ble costs per contact hour or thirteen dollars ninety cents per  contact
 hour,  AND REIMBURSEMENT FOR THE 2017--2018 SCHOOL YEAR SHALL NOT EXCEED
 60.4 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR  OR
 THIRTEEN DOLLARS AND NINETY CENTS PER CONTACT HOUR, where a contact hour
 represents sixty minutes of instruction services provided to an eligible
 adult.  Notwithstanding any other provision of law to the contrary, [for
 the  2012--2013  school  year  such  contact  hours shall not exceed one
 million  six  hundred  sixty-four  thousand  five   hundred   thirty-two
 (1,664,532)  hours;  whereas for the 2013--2014 school year such contact
 hours shall not exceed one million six hundred forty-nine thousand seven
 hundred forty-six (1,649,746) hours; whereas for the  2014--2015  school
 year  such  contact hours shall not exceed one million six hundred twen-
 ty-five thousand (1,625,000) hours; whereas] for the  2015--2016  school
 year  such contact hours shall not exceed one million five hundred nine-
 ty-nine thousand fifteen (1,599,015) hours; whereas for  the  2016--2017
 school year such contact hours shall not exceed one million five hundred
 fifty-one  thousand  three  hundred  twelve  (1,551,312);  AND  FOR  THE
 2017--2018 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED  ONE  MILLION
 THREE  HUNDRED  SEVENTY  THOUSAND  SIX HUNDRED SEVENTY-NINE (1,370,679).
 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

 S. 2006                            43                            A. 3006
 
 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.
   §  45. 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 v to read as follows:
   V. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF  PAYMENTS FOR THE 2017--2018 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).
   § 46. 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 30 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed on June 30, [2017] 2018.
   §  47. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and certain other laws  relating  to
 state  aid  to  school  districts and the appropriation of funds for the
 support of government, as amended by section 33 of part A of chapter  54
 of the laws of 2016, 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,
 [2017] 2018 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, [2017] 2018;
   § 48. Paragraphs a-1 and (b) of section 5 of chapter 89 of the laws of
 2016 relating to supplementary funding for dedicated programs for public
 school  students in the East Ramapo central school district, are amended
 to read as follows:
   (a-1) The East Ramapo central school district  shall  be  eligible  to
 receive  reimbursement  [from  such  funds  made  available] pursuant to
 [paragraph (a) of] this [section] ACT, SUBJECT  TO  AVAILABLE  APPROPRI-
 ATION,  for  its  approved expenditures IN THE TWO THOUSAND SIXTEEN--TWO
 THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER on services to improve and
 enhance the educational opportunities of students attending  the  public
 schools in such district. Such services shall include, but not be limit-
 ed  to, reducing class sizes, expanding academic and enrichment opportu-
 nities, establishing  and  expanding  kindergarten  programs,  expanding
 extracurricular  opportunities  and  providing student support services,
 provided, however, transportation services and  expenses  shall  not  be
 eligible for reimbursement from such funds.
   (b)  In  order to receive such funds, the school district in consulta-
 tion with the monitor or monitors shall develop a  long  term  strategic
 academic  and fiscal improvement plan within 6 months from the enactment

 S. 2006                            44                            A. 3006
 
 of this act AND SHALL ANNUALLY REVISE SUCH PLAN BY OCTOBER FIRST OF EACH
 YEAR THEREAFTER.  Such plan, INCLUDING SUCH  ANNUAL  REVISIONS  THERETO,
 shall  be submitted to the commissioner for approval and shall include a
 set  of  goals with appropriate benchmarks and measurable objectives and
 identify strategies to address areas where improvements  are  needed  in
 the  district,  including  but  not  limited to its financial stability,
 academic opportunities and outcomes, education of students with disabil-
 ities, education of English language learners, and shall ensure  compli-
 ance  with  all applicable state and federal laws and regulations.  This
 improvement plan shall also include  a  comprehensive  expenditure  plan
 that will describe how the funds made available to the district pursuant
 to  this  section  will  be  spent  IN THE APPLICABLE SCHOOL YEAR.   The
 comprehensive expenditure plan shall ensure that funds  supplement,  not
 supplant,  expenditures from local, state and federal funds for services
 provided to public school students, EXCEPT THAT SUCH FUNDS MAY  BE  USED
 TO  CONTINUE  SERVICES FUNDED PURSUANT TO THIS ACT IN PRIOR YEARS.  Such
 expenditure plan shall be developed AND ANNUALLY REVISED in consultation
 with the monitor or monitors appointed by the commissioner. The board of
 education of the East  Ramapo  central  school  district  must  ANNUALLY
 conduct  a public hearing on the expenditure plan and shall consider the
 input of the community before adopting such plan. Such expenditure  plan
 shall  also  be  made publicly available and shall be ANNUALLY submitted
 along with comments made  by  the  community  to  the  commissioner  for
 approval  once  the  plan is finalized.   Upon review of the improvement
 plan and the expenditure plan, required to be submitted pursuant to this
 subdivision or section seven of this act, the commissioner shall approve
 or deny such plan in writing and, if denied, shall include  the  reasons
 therefor.  The  district  in consultation with the monitors may resubmit
 such plan or plans with any needed modifications thereto.
   § 49. Section 8 of chapter 89 of the laws of 2016 relating to  supple-
 mentary funding for dedicated programs for public school students in the
 East Ramapo central school district, is amended to read as follows:
   §  8.  This act shall take effect July 1, 2016 and shall expire and be
 deemed repealed June 30, [2017] 2018.
   § 50. 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 34 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   § 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, [2017] 2018 when
 upon such date the provisions of this act shall be deemed repealed.
   § 51. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2017--2018 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.
   §  52.  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 2018 and not later than the last  day  of  the  third  full
 business week of June 2018, a school district eligible for an apportion-
 ment  pursuant to section 3602 of the education law shall be eligible to

 S. 2006                            45                            A. 3006
 
 receive an apportionment pursuant to this section, for the  school  year
 ending  June  30, 2018, for salary expenses incurred between April 1 and
 June 30, 2017 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 paya-
 ble 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.
   §  53. 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, 2018, a school district  eligi-
 ble  for  an apportionment pursuant to section 3602 of the education law

 S. 2006                            46                            A. 3006
 
 shall be eligible to receive an apportionment pursuant to this  section,
 for  the  school  year ending June 30, 2018 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.
   §  54.  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

 S. 2006                            47                            A. 3006
 
 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.
   § 55. 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  2017--2018 school year, as a non-component school
 district, services required by article 19 of the education law.
   § 56. The amounts specified in this section shall be  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 2017--2018
 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

 S. 2006                            48                            A. 3006
 
 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 2017--2018 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 2017--2018
 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 2017--2018 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.
   §  57.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2017  enacting
 the  aid  to  localities  budget  shall be apportioned for the 2017-2018
 state fiscal year in accordance with the  provisions  of  sections  271,
 272,  273,  282,  284,  and  285  of the education law as amended by the
 provisions of this chapter and the provisions of this section,  provided
 that library construction aid pursuant to section 273-a of the education
 law  shall  not  be  payable  from the appropriations for the support of
 public libraries and provided further that no library, library system or
 program, as defined by the commissioner of education, shall receive less
 total system or program aid than it  received  for  the  year  2001-2002
 except as a result of a reduction adjustment necessary to conform to the
 appropriations  for  support  of  public  libraries. Notwithstanding any
 other provision of law to the contrary the moneys appropriated  for  the
 support  of  public libraries for the year 2017-2018 by a chapter of the
 laws of 2017 enacting the education, labor and family assistance  budget
 shall  fulfill  the state's obligation to provide such aid and, pursuant

 S. 2006                            49                            A. 3006
 
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant to such appropriations  shall  be  reduced  proportionately  to
 assure  that  the  total amount of aid payable does not exceed the total
 appropriations for such purpose.
   § 58. 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.
   §  59.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2017, provided,
 however, that:
   1. sections one, three, four,  five,  five-a,  five-b,  six,  fifteen,
 sixteen,  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
 twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty
 eight, twenty-nine, thirty, thirty-two, thirty-three, thirty-four, thir-
 ty-five, forty-eight, forty-nine, fifty-one, fifty-five,  and  fifty-six
 of this act shall take effect July 1, 2017;
   2. the amendments to paragraph b-1 of subdivision 4 of section 3602 of
 the  education  law  made  by  section  twenty-one of this act shall not
 affect the expiration of such paragraph pursuant to section 13 of part A
 of chapter 97 of the laws of 2011, as amended, and shall  expire  there-
 with;
   3.  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  forty-four  and
 forty-five  of this act, shall not affect the repeal of such chapter and
 shall be deemed repealed therewith;
   4. the amendments to chapter 89 of  the  laws  of  2016,  relating  to
 supplementary  funding for dedicated programs for public school students
 in the East Ramapo central school district, made by section  forty-eight
 of  this  act  shall  not affect the repeal of such chapter and shall be
 deemed repealed therewith;
   5. the amendments to subdivision 33 of section 305  of  the  education
 law,  made  by section seven of this act, shall not affect the repeal of
 such subdivision and shall be deemed repealed therewith;
   6. the amendments to subdivision 7 of section 2802  of  the  education
 law,  made  by section eight of this act, shall not affect the repeal of
 such subdivision and shall be deemed repealed therewith;
   7.  the amendments to subdivision 7 of section 3214 of  the  education
 law,  made  by  section nine of this act, shall not affect the repeal of
 such subdivision and shall be deemed repealed therewith;
   8. the amendments to paragraph d of subdivision 3 of section  3214  of
 the  education  law  made by section ten of this act shall be subject to
 the expiration and reversion of such paragraph pursuant to section 4  of
 chapter  425  of  the  laws of 2002, as amended, when upon such date the
 provisions of section eleven of this act shall take effect; and

 S. 2006                            50                            A. 3006
 
   9.  section forty-seven 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.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY PROVIDE A  COLLABO-
 RATIVE  ALTERNATIVE  EDUCATION PROGRAM KNOWN AS A "RECOVERY HIGH SCHOOL"
 FOR STUDENTS (I) DIAGNOSED WITH SUBSTANCE USE DISORDER,  AS  DEFINED  BY
 THE  DIAGNOSTIC  AND  STATISTICAL MANUAL OF MENTAL DISORDERS V, AND (II)
 WHO HAVE DEMONSTRATED A COMMITMENT TO RECOVERY. PROVIDED THAT A RECOVERY
 HIGH SCHOOL MAY BE ONE OF TWO SUCH SCHOOLS AUTHORIZED BY THE COMMISSION-
 ER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN  CONJUNC-
 TION  WITH  THE  COMMISSIONER,  PROVIDED  THAT EACH RECOVERY HIGH SCHOOL
 SHALL CONTAIN THE FOLLOWING PROGRAM ELEMENTS: (A) A  COMPREHENSIVE  FOUR
 YEAR  HIGH  SCHOOL  EDUCATION,  (B)  A  STRUCTURED  PLAN OF RECOVERY FOR
 STUDENTS, (C) A PARTNERSHIP WITH A LOCAL  SOCIAL  SERVICES  AGENCY  WITH
 EXPERTISE IN SUBSTANCE USE DISORDER AND MENTAL HEALTH, AND (D) ANY OTHER
 PROGRAM ELEMENTS PURSUANT TO REGULATIONS OF THE COMMISSIONER OF ALCOHOL-
 ISM AND SUBSTANCE ABUSE SERVICES.
   (1)  PROGRAM  AND ADMINISTRATIVE COSTS, INCLUDING CAPITAL COSTS, ALLO-
 CATED TO COMPONENT SCHOOL DISTRICTS IN ACCORDANCE WITH A  RECOVERY  HIGH
 SCHOOL  PROGRAM  PURSUANT  TO THIS PARAGRAPH SHALL BE ELIGIBLE FOR BOCES
 AID AS AN AIDABLE SHARED SERVICE PURSUANT  TO  THIS  SECTION  AND  COSTS
 ALLOCATED TO A PARTICIPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A
 MEMORANDUM  OF  UNDERSTANDING  SHALL  BE AIDABLE PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION TO THE SAME EXTENT AND ON THE SAME BASIS  AS  COSTS
 ALLOCATED TO A COMPONENT SCHOOL DISTRICT.
   (2)  THE  TRUSTEES  OR  BOARD  OF  EDUCATION OF A NON-COMPONENT SCHOOL
 DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES  IN  EXCESS  OF  ONE
 HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF
 UNDERSTANDING  WITH  A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES TO
 PARTICIPATE IN A RECOVERY HIGH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED
 FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD  OF  EDUCATION  AND
 THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  MAY  MUTUALLY AGREE,
 PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION
 OF THE RECOVERY HIGH SCHOOL PROGRAM INCLUDING CAPITAL COSTS, BUT PARTIC-
 IPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE  FOR  PAYMENT
 OF  ADMINISTRATIVE  EXPENSES  AS DEFINED IN PARAGRAPH B OF THIS SUBDIVI-
 SION.
   § 2. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding a new subparagraph 12 to read as follows:
   (12) TO ENTER INTO CONTRACTS WITH THE COMMISSIONER OF  THE  OFFICE  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,  SUBSTANCE  ABUSE TREATMENT
 PROVIDERS, AND ANY OTHER ORGANIZATION FOR THE  PURPOSE  OF  OPERATING  A
 RECOVERY  HIGH  SCHOOL  PROGRAM.  ANY  SUCH  PROPOSED  CONTRACT SHALL BE
 SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMISSIONER.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 3209 of the education law, as  amended  by  chapter
 569  of  the  laws  of  1994,  paragraphs  a and a-1 of subdivision 1 as
 amended and subdivision 2-a as added by chapter 101 of the laws of 2003,

 S. 2006                            51                            A. 3006
 
 paragraph b of subdivision 3 as amended by section 28 of part B of chap-
 ter 57 of the laws of 2007, is amended to read as follows:
   § 3209. Education of homeless children. 1. Definitions.
   a.  Homeless  child. For the purposes of this article, the term "home-
 less child" shall mean:
   (1) a child or youth who lacks a fixed, regular, and  adequate  night-
 time residence, including a child or youth who is:
   (i)  sharing  the  housing  of other persons due to a loss of housing,
 economic hardship or a similar reason;
   (ii) living in motels, hotels, trailer parks or camping grounds due to
 the lack of alternative adequate accommodations;
   (iii) abandoned in hospitals; OR
   (iv) [awaiting foster care placement; or
   (v)] a migratory child, as defined in subsection two of section  thir-
 teen hundred nine of the Elementary and Secondary Education Act of 1965,
 as  amended  BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, who qualifies as
 homeless under any of the provisions of clauses (i) through [(iv)] (III)
 of this subparagraph or subparagraph two of this paragraph; [or]
   (V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED  TWEN-
 TY-FIVE  OF  SUBTITLE  B  OF  TITLE  VII  OF THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT; OR
   (2) a child or youth who has a primary nighttime location that is:
   (i) a supervised publicly or privately operated  shelter  designed  to
 provide  temporary  living accommodations including, but not limited to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii) a public or private place not designed for,  or  ordinarily  used
 as, a regular sleeping accommodation for human beings, including a child
 or youth who is living in a car, park, public space, abandoned building,
 substandard housing, bus or train stations or similar setting.
   a-1.  Exception.  For  the purposes of this article the term "homeless
 child" shall not include a child in a foster care placement or receiving
 educational services pursuant to subdivision four, five, six,  six-a  or
 seven of section thirty-two hundred two of this [article] PART or pursu-
 ant  to article eighty-one, eighty-five, eighty-seven or eighty-eight of
 this chapter.
   b. Designator. The term "designator" shall mean:
   (1) the parent or the person in parental relation to a homeless child;
 or
   (2) the homeless child, if no parent or person in parental relation is
 available; or
   (3) the director of a residential program  for  runaway  and  homeless
 youth  established  pursuant to article nineteen-H of the executive law,
 in consultation with the homeless child, where such  homeless  child  is
 living in such program.
   c.  School  district  of  origin. The term "school district of origin"
 shall mean the school district within the state of New York in which the
 homeless child was attending a public school OR PRESCHOOL on a  tuition-
 free  basis  or  was  entitled  to attend when circumstances arose which
 caused such child to become homeless, which is different from the school
 district of current location. [Whenever the school district of origin is
 designated pursuant to subdivision two of this section, the child  shall
 be entitled to return to the school building where previously enrolled.]
 SCHOOL  DISTRICT  OF  ORIGIN  SHALL ALSO MEAN THE SCHOOL DISTRICT IN THE
 STATE OF NEW YORK IN WHICH THE CHILD  WAS  RESIDING  WHEN  CIRCUMSTANCES

 S. 2006                            52                            A. 3006
 
 AROSE  WHICH  CAUSED  SUCH  CHILD  TO  BECOME HOMELESS IF SUCH CHILD WAS
 ELIGIBLE TO APPLY, REGISTER, OR ENROLL IN PUBLIC PRESCHOOL OR KINDERGAR-
 TEN AT THE TIME SUCH CHILD BECAME HOMELESS, OR THE HOMELESS CHILD HAS  A
 SIBLING  WHO  ATTENDS A SCHOOL IN THE SCHOOL DISTRICT IN WHICH THE CHILD
 WAS RESIDING WHEN CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO  BECOME
 HOMELESS.
   d.  School  district of current location. The term "school district of
 current location" shall mean the public school district within the state
 of New York in which the hotel, motel, shelter or other temporary  hous-
 ing  arrangement  of  a  homeless  child, or the residential program for
 runaway and homeless youth, is located,  which  is  different  from  the
 school  district  of  origin.  [Whenever  the school district of current
 location is designated pursuant to subdivision two of this section,  the
 child  shall  be  entitled to attend the school that is zoned for his or
 her temporary location or any school that nonhomeless students who  live
 in  the  same  attendance  zone  in which the homeless child or youth is
 temporarily residing are entitled to attend.]
   e. Regional placement plan. The term "regional placement  plan"  shall
 mean  a  comprehensive regional approach to the provision of educational
 placements for homeless children which has been approved by the  commis-
 sioner.
   F. FEEDER SCHOOL. THE TERM "FEEDER SCHOOL" SHALL MEAN:
   (1)  A  PRESCHOOL  WHOSE  STUDENTS  ARE ENTITLED TO ATTEND A SPECIFIED
 ELEMENTARY SCHOOL OR GROUP OF ELEMENTARY SCHOOLS UPON COMPLETION OF THAT
 PRESCHOOL;
   (2) A SCHOOL WHOSE STUDENTS ARE ENTITLED TO ATTEND A SPECIFIED ELEMEN-
 TARY, MIDDLE, INTERMEDIATE, OR HIGH SCHOOL OR GROUP OF SPECIFIED ELEMEN-
 TARY, MIDDLE, INTERMEDIATE, OR  HIGH  SCHOOLS  UPON  COMPLETION  OF  THE
 TERMINAL GRADE OF SUCH SCHOOL; OR
   (3) A SCHOOL THAT SENDS ITS STUDENTS TO A RECEIVING SCHOOL IN A NEIGH-
 BORING  SCHOOL  DISTRICT  PURSUANT TO SECTION TWO THOUSAND FORTY OF THIS
 CHAPTER.
   G. PRESCHOOL. THE TERM "PRESCHOOL" SHALL MEAN A PUBLICLY FUNDED  PREK-
 INDERGARTEN  PROGRAM  ADMINISTERED  BY  THE DEPARTMENT OR A LOCAL EDUCA-
 TIONAL AGENCY OR A HEAD START PROGRAM ADMINISTERED  BY  A  LOCAL  EDUCA-
 TIONAL  AGENCY  AND/OR  SERVICES UNDER THE INDIVIDUALS WITH DISABILITIES
 EDUCATION ACT ADMINISTERED BY A LOCAL EDUCATIONAL AGENCY.
   H. RECEIVING SCHOOL. THE TERM "RECEIVING SCHOOL" SHALL MEAN:
   (1) A SCHOOL THAT ENROLLS  STUDENTS  FROM  A  SPECIFIED  OR  GROUP  OF
 PRESCHOOLS, ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, INTERMEDIATE SCHOOLS, OR
 HIGH SCHOOLS; OR
   (2) A SCHOOL THAT ENROLLS STUDENTS FROM A FEEDER SCHOOL IN A NEIGHBOR-
 ING  LOCAL  EDUCATIONAL AGENCY PURSUANT TO SECTION TWO THOUSAND FORTY OF
 THIS CHAPTER.
   I. SCHOOL OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN  A  PUBLIC
 SCHOOL  THAT  A  CHILD OR YOUTH ATTENDED WHEN PERMANENTLY HOUSED, OR THE
 SCHOOL IN WHICH THE CHILD  OR  YOUTH  WAS  LAST  ENROLLED,  INCLUDING  A
 PRESCHOOL  OR  A CHARTER SCHOOL.  PROVIDED THAT, FOR A HOMELESS CHILD OR
 YOUTH WHO COMPLETES THE FINAL  GRADE  LEVEL  SERVED  BY  THE  SCHOOL  OF
 ORIGIN, THE TERM "SCHOOL OF ORIGIN" SHALL INCLUDE THE DESIGNATED RECEIV-
 ING  SCHOOL  AT  THE NEXT GRADE LEVEL FOR ALL FEEDER SCHOOLS.  WHERE THE
 CHILD IS ELIGIBLE TO ATTEND SCHOOL IN  THE  SCHOOL  DISTRICT  OF  ORIGIN
 BECAUSE  THE  CHILD  BECOMES  HOMELESS  AFTER  SUCH CHILD IS ELIGIBLE TO
 APPLY, REGISTER, OR ENROLL IN THE PUBLIC PRESCHOOL  OR  KINDERGARTEN  OR
 THE  CHILD IS LIVING WITH A SCHOOL-AGE SIBLING WHO ATTENDS SCHOOL IN THE
 SCHOOL DISTRICT OF ORIGIN, THE SCHOOL OF ORIGIN SHALL INCLUDE ANY PUBLIC

 S. 2006                            53                            A. 3006
 
 SCHOOL OR PRESCHOOL IN WHICH SUCH CHILD  WOULD  HAVE  BEEN  ENTITLED  OR
 ELIGIBLE  TO  ATTEND  BASED  ON  SUCH  CHILD'S LAST RESIDENCE BEFORE THE
 CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS.
   2. Choice of district AND SCHOOL.
   a. The designator shall have the right to designate one of the follow-
 ing  as  the  school  district  within which the homeless child shall be
 entitled to attend upon instruction:
   (1) the school district of current location;
   (2) the school district of origin; or
   (3) a school district participating in a regional placement plan.
   b. THE DESIGNATOR SHALL ALSO HAVE THE RIGHT TO DESIGNATE  ONE  OF  THE
 FOLLOWING  AS  THE  SCHOOL  WHERE  A  HOMELESS CHILD SEEKS TO ATTEND FOR
 INSTRUCTION:
   (1) THE SCHOOL OF ORIGIN; OR
   (2) ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH  WHO  LIVE  IN  THE
 ATTENDANCE  AREA  IN  WHICH  THE  CHILD  OR YOUTH IS ACTUALLY LIVING ARE
 ELIGIBLE TO ATTEND, INCLUDING A PRESCHOOL.
   C. (1) Notwithstanding any other provision of  law  to  the  contrary,
 where  the public school district in which a homeless child is temporar-
 ily housed is the [same school district the child  was  attending  on  a
 tuition-free  basis  or  was entitled to attend when circumstances arose
 which caused the child to become homeless] SCHOOL  DISTRICT  OF  ORIGIN,
 the  homeless  child  shall  be  entitled  to attend the schools of such
 district without the payment of tuition in accordance  with  subdivision
 one  of  section thirty-two hundred two of this article FOR THE DURATION
 OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN  WHICH  SUCH
 CHILD  BECOMES  PERMANENTLY  HOUSED  AND FOR ONE ADDITIONAL YEAR IF THAT
 YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR  IN  SUCH  BUILDING.    [Such
 child may choose to remain in the public school building they previously
 attended until the end of the school year and for one additional year if
 that year constitutes the child's terminal year in such building in lieu
 of the school serving the attendance zone in which the temporary housing
 facility is located.]
   (2)  Notwithstanding any other provision of law to the contrary, where
 the [public] school [or school district] DISTRICT OF ORIGIN OR SCHOOL OF
 ORIGIN THAT a homeless child was attending on a  tuition-free  basis  or
 was  entitled  to attend when circumstances arose which caused the child
 to become homeless is located [outside the state] IN NEW YORK STATE  AND
 THE  HOMELESS  CHILD'S  TEMPORARY  HOUSING  ARRANGEMENT  IS LOCATED IN A
 CONTIGUOUS STATE, the homeless child shall be [deemed a resident of  the
 school  district  in  which the hotel, motel, shelter or other temporary
 housing arrangement of the child is  currently  located  and  shall  be]
 entitled  to  [attend  the  schools  of such district without payment of
 tuition in accordance with subdivision one of section thirty-two hundred
 two of this article. Such district of residence shall not be  considered
 a school district of origin or a school district of current location for
 purposes of this section] ATTEND THE SCHOOL OF ORIGIN OR ANY SCHOOL THAT
 NONHOMELESS  CHILDREN AND YOUTH WHO LIVE IN THE ATTENDANCE AREA IN WHICH
 THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO ATTEND,  INCLUDING
 A  PRESCHOOL,  SUBJECT  TO  A  BEST  INTEREST  DETERMINATION PURSUANT TO
 SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVISION, FOR THE  DURATION
 OF  THE  HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH
 CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE  ADDITIONAL  YEAR  IF  THAT
 YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   (3)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
 THE CHILD'S TEMPORARY HOUSING ARRANGEMENT IS LOCATED IN NEW YORK  STATE,

 S. 2006                            54                            A. 3006

 THE  HOMELESS  CHILD SHALL BE ENTITLED TO ATTEND THE SCHOOL OF ORIGIN OR
 ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN  THE  ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND,  INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION
 PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS  SUBDIVISION,  FOR
 THE DURATION OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN
 WHICH  SUCH CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE ADDITIONAL YEAR
 IF THAT YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   [c.] D. Notwithstanding the provisions of paragraph a of this subdivi-
 sion, a homeless child who has designated the school district of current
 location as the district of attendance and who has relocated to  another
 temporary  housing arrangement outside of such district, or to a differ-
 ent attendance zone or community school district within  such  district,
 shall  be  entitled  to  continue  [the  prior designation to enable the
 student to remain] TO ATTEND in the same school  building  OR  DESIGNATE
 ANY  SCHOOL  THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND, INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST  DETERMINATION
 IN  ACCORDANCE  WITH  SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVI-
 SION, FOR THE DURATION OF THE HOMELESSNESS AND  until  the  end  of  the
 school  year  IN  WHICH THE CHILD BECOMES PERMANENTLY HOUSED and for one
 additional year if that year constitutes the child's  terminal  year  in
 such building.
   [d.]  E.  Such  designation  shall  be  made on forms specified by the
 commissioner, and shall include the name of the child, the name  of  the
 parent  or  person  in  parental  relation  to  the  child, the name and
 location of the temporary housing arrangement, the name  of  the  school
 district  of  origin,  the name of the school district where the child's
 records are located, the complete address where the family  was  located
 at  the time circumstances arose which caused such child to become home-
 less and any other information required by the commissioner. All  school
 districts,  temporary housing facilities operated or approved by a local
 social services district, and residential  facilities  for  runaway  and
 homeless youth shall make such forms available AND SHALL ENSURE THAT THE
 COMPLETED  DESIGNATION  FORMS  ARE GIVEN TO THE LOCAL EDUCATIONAL AGENCY
 LIAISON FOR THE LOCAL EDUCATIONAL AGENCY IN WHICH THE DESIGNATED  SCHOOL
 IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE COMMISSIONER IN REGULATIONS.
 Where  the  homeless  child  is  located in a temporary housing facility
 operated or approved by a local social services district, or a  residen-
 tial facility for runaway and homeless youth, the director of the facil-
 ity or a person designated by the social services district, shall, with-
 in   two   business  days,  assist  the  designator  in  completing  the
 designation forms and enrolling the homeless  child  in  the  designated
 school  district AND SHALL FORWARD THE COMPLETED DESIGNATION FORM TO THE
 LOCAL EDUCATIONAL AGENCY LIAISON FOR THE  LOCAL  EDUCATIONAL  AGENCY  IN
 WHICH  THE DESIGNATED SCHOOL IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE
 COMMISSIONER IN REGULATIONS.
   [e.] F. Upon receipt of the designation form,  the  designated  school
 district shall immediately:
   (1) REVIEW THE DESIGNATION FORM TO ENSURE THAT IT HAS BEEN COMPLETED;
   (2)  admit  the homeless child EVEN IF THE CHILD OR YOUTH IS UNABLE TO
 PRODUCE RECORDS NORMALLY A REQUIREMENT FOR ENROLLMENT, SUCH AS  PREVIOUS
 ACADEMIC  RECORDS,  RECORDS OF IMMUNIZATION AND/OR OTHER REQUIRED HEALTH
 RECORDS, PROOF OF RESIDENCY OR OTHER DOCUMENTATION AND/OR  EVEN  IF  THE
 CHILD  HAS  MISSED APPLICATION OR ENROLLMENT DEADLINES DURING ANY PERIOD
 OF HOMELESSNESS, IF APPLICABLE.  PROVIDED THAT NOTHING HEREIN  SHALL  BE

 S. 2006                            55                            A. 3006
 
 CONSTRUED  TO  REQUIRE  THE  IMMEDIATE ATTENDANCE OF AN ENROLLED STUDENT
 LAWFULLY EXCLUDED FROM  SCHOOL  TEMPORARILY  PURSUANT  TO  SECTION  NINE
 HUNDRED  SIX  OF  THIS  CHAPTER  BECAUSE OF A COMMUNICABLE OR INFECTIOUS
 DISEASE THAT IMPOSES A SIGNIFICANT RISK OF INFECTION OF OTHERS;
   [(2)]  (3) DETERMINE WHETHER THE DESIGNATION MADE BY THE DESIGNATOR IS
 CONSISTENT WITH THE BEST INTERESTS OF THE HOMELESS CHILD  OR  YOUTH.  IN
 DETERMINING A HOMELESS CHILD'S BEST INTEREST, A LOCAL EDUCATIONAL AGENCY
 SHALL:
   (I)  PRESUME THAT KEEPING THE HOMELESS CHILD OR YOUTH IN THE SCHOOL OF
 ORIGIN IS IN THE CHILD'S OR YOUTH'S BEST INTEREST, EXCEPT WHEN DOING  SO
 IS  CONTRARY TO THE REQUEST OF THE CHILD'S PARENT OR GUARDIAN, OR IN THE
 CASE OF AN UNACCOMPANIED YOUTH, THE YOUTH;
   (II) CONSIDER STUDENT-CENTERED FACTORS, INCLUDING BUT NOT  LIMITED  TO
 FACTORS RELATED TO THE IMPACT OF MOBILITY ON ACHIEVEMENT, EDUCATION, THE
 HEALTH  AND SAFETY OF THE HOMELESS CHILD, GIVING PRIORITY TO THE REQUEST
 OF THE CHILD'S OR YOUTH'S PARENT OR GUARDIAN OR THE YOUTH IN THE CASE OF
 AN UNACCOMPANIED YOUTH;
   (III) IF AFTER CONSIDERING STUDENT-CENTERED FACTORS AND  CONDUCTING  A
 BEST  INTEREST  SCHOOL  PLACEMENT  DETERMINATION,  THE LOCAL EDUCATIONAL
 AGENCY DETERMINES THAT IT IS NOT IN THE HOMELESS CHILD'S  BEST  INTEREST
 TO  ATTEND THE SCHOOL OF ORIGIN OR THE SCHOOL DESIGNATED BY THE DESIGNA-
 TOR, THE LOCAL EDUCATIONAL AGENCY MUST PROVIDE A WRITTEN EXPLANATION  OF
 THE  REASONS  FOR ITS DETERMINATION, IN A MANNER AND FORM UNDERSTANDABLE
 TO SUCH PARENT, GUARDIAN, OR UNACCOMPANIED YOUTH.  THE INFORMATION  MUST
 ALSO  INCLUDE  INFORMATION  REGARDING  THE  RIGHT  TO A TIMELY APPEAL IN
 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE HOMELESS  CHILD  OR
 YOUTH  MUST  BE  ENROLLED IN THE SCHOOL IN WHICH ENROLLMENT IS SOUGHT BY
 THE DESIGNATOR DURING THE PENDENCY OF ALL AVAILABLE APPEALS;
   (4) treat the homeless child as a resident for all purposes;
   [(3)] (5) make a written request to  the  school  district  where  the
 child's records are located for a copy of such records; and
   [(4)]  (6) forward the designation form to the [commissioner, and the]
 school district of origin where applicable.
   [f.] G. Within five days of receipt of a request for records  pursuant
 to subparagraph [three] FIVE of paragraph [e] F of this subdivision, the
 school  district  shall  forward,  in a manner consistent with state and
 federal law, a complete copy of the homeless child's records  including,
 but not limited to, proof of age, academic records, evaluations, immuni-
 zation records, and guardianship papers, if applicable.
   [g.]  H.  WHERE  THE  SCHOOL OF ORIGIN IS A CHARTER SCHOOL, THE SCHOOL
 DISTRICT DESIGNATED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED  TO  BE
 THE  SCHOOL  DISTRICT  OF RESIDENCE OF SUCH CHILD FOR PURPOSES OF FISCAL
 AND PROGRAMMATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS  CHAPTER
 AND  SHALL  BE RESPONSIBLE FOR TRANSPORTATION OF THE HOMELESS CHILD IF A
 SOCIAL SERVICES DISTRICT IS NOT OTHERWISE RESPONSIBLE PURSUANT TO SUBDI-
 VISION FOUR OF THIS SECTION.
   I. The commissioner shall promulgate  regulations  setting  forth  the
 circumstances  pursuant to which a change in designation may be made and
 establishing a procedure for the identification of the  school  district
 of origin.
   2-a.  Notwithstanding any other provision of law to the contrary, each
 local educational agency, as such term is defined in subsection  twenty-
 six  of  section  ninety-one hundred one of the Elementary and Secondary
 Education Act of 1965, AS AMENDED BY THE EVERY STUDENT SUCCEEDS  ACT  OF
 2015,  shall  designate  a local educational agency liaison for homeless
 children and youths and shall, consistent with the  provisions  of  this

 S. 2006                            56                            A. 3006
 
 section, otherwise comply with the applicable requirements of paragraphs
 three  through  seven of subsection (g) of section seven hundred twenty-
 two of subtitle B of title VII of the McKinney-Vento Assistance Act.
   3. Reimbursement.
   a.  Where  either  the school district of current location or a school
 district participating in a regional placement plan is designated as the
 district in which the homeless child shall attend upon  instruction  and
 such  homeless  child's  school  district  of  origin is within New York
 state, the school district providing  instruction,  INCLUDING  PRESCHOOL
 INSTRUCTION,  shall  be eligible for reimbursement by the department, as
 approved by  the  commissioner,  for  the  direct  cost  of  educational
 services,  not  otherwise  reimbursed  under  special  federal programs,
 calculated pursuant to regulations of the commissioner for the period of
 time for which such services are provided. The claim for such reimburse-
 ment shall be in a form prescribed by the commissioner. The  educational
 costs for such children shall not be otherwise aidable or reimbursable.
   b.  The  school  district of origin shall reimburse the department for
 its expenditure for educational services on behalf of a  homeless  child
 pursuant  to  paragraph  a of this subdivision in an amount equal to the
 school district basic contribution, as such term is defined in  subdivi-
 sion  eight of section forty-four hundred one of this chapter, pro-rated
 for the period of time for which such services were provided in the base
 year by a school district other than the school district of origin. Upon
 certification by the commissioner, the comptroller shall deduct from any
 state funds which become due to the school district of origin an  amount
 equal  to  the reimbursement required to be made by such school district
 in accordance with this paragraph, and the amount so deducted shall  not
 be included in the operating expense of such district for the purpose of
 computing  the  approved  operating  expense  pursuant to paragraph t of
 subdivision one of section thirty-six hundred two of this chapter.
   4. Transportation.
   a. A social services district shall provide for the transportation  of
 each  homeless  child,  INCLUDING  THOSE  IN PRESCHOOL AND STUDENTS WITH
 DISABILITIES IDENTIFIED PURSUANT TO SECTIONS FORTY-FOUR HUNDRED ONE  AND
 FORTY-FOUR  HUNDRED  TWO  OF THIS CHAPTER WHOSE INDIVIDUALIZED EDUCATION
 PROGRAMS INCLUDE SPECIAL TRANSPORTATION SERVICES, who  is  eligible  for
 benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
 services law, to and from a temporary  housing  location  in  which  the
 child was placed by the social services district and the school attended
 by such child pursuant to this section, if such temporary housing facil-
 ity  is  located  outside  of the designated school district pursuant to
 paragraph a of subdivision  two  of  this  section.  A  social  services
 district  shall be authorized to contract with a board of education or a
 board of cooperative educational services  for  the  provision  of  such
 transportation.  WHERE  THE  SOCIAL  SERVICES DISTRICT REQUESTS THAT THE
 DESIGNATED SCHOOL DISTRICT OF ATTENDANCE PROVIDE OR ARRANGE  FOR  TRANS-
 PORTATION  FOR  A HOMELESS CHILD ELIGIBLE FOR TRANSPORTATION PURSUANT TO
 THIS PARAGRAPH, THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE  SHALL
 PROVIDE  OR  ARRANGE  FOR  THE  TRANSPORTATION  AND  THE SOCIAL SERVICES
 DISTRICT SHALL  FULLY  AND  PROMPTLY  REIMBURSE  THE  DESIGNATED  SCHOOL
 DISTRICT  OF  ATTENDANCE  FOR  THE  COST AS DETERMINED BY THE DESIGNATED
 SCHOOL DISTRICT. This paragraph shall apply  to  placements  made  by  a
 social  services district without regard to whether a payment is made by
 the district to the operator of the temporary housing facility.
   b. [The division for youth, to the extent funds are provided for  such
 purpose,  as  determined  by the director of the budget,] THE DESIGNATED

 S. 2006                            57                            A. 3006
 
 SCHOOL DISTRICT OF ATTENDANCE shall provide for  the  transportation  of
 each  homeless  child who is living in a residential program for runaway
 and homeless youth established pursuant to  article  nineteen-H  of  the
 executive  law,  to  and  from  such residential program, and the school
 attended by such child pursuant to this section, if such temporary hous-
 ing location is located outside  the  designated  school  district.  The
 [division for youth or the director of a residential program for runaway
 and  homeless  youth] DESIGNATED DISTRICT OF ATTENDANCE shall be author-
 ized to contract with [a school district  or]  a  board  of  cooperative
 educational  services  OR A RESIDENTIAL PROGRAM FOR RUNAWAY AND HOMELESS
 YOUTH for the provision of such  transportation.  THE  DEPARTMENT  SHALL
 REIMBURSE  THE  DESIGNATED SCHOOL DISTRICT OF ATTENDANCE FOR THE COST OF
 TRANSPORTING SUCH CHILD TO AND FROM  THE  RESIDENTIAL  PROGRAM  AND  THE
 SCHOOL  ATTENDED BY SUCH CHILD TO THE EXTENT FUNDS ARE PROVIDED FOR SUCH
 PURPOSE, AS DETERMINED BY THE DIRECTOR OF THE BUDGET.
   c. Notwithstanding any other provision of law, any homeless child  not
 entitled  to receive transportation pursuant to [paragraph] PARAGRAPHS a
 AND B of this subdivision who requires transportation in order to attend
 a school [district] OF ORIGIN designated pursuant to  [paragraph  a  of]
 subdivision  two  of this section [outside of the district in which such
 child is housed], shall  be  entitled  to  receive  such  transportation
 pursuant  to  this  paragraph.  [If the] THE designated [school district
 pursuant to paragraph a of subdivision two of this section is the school
 district of origin or a school  district  participating  in  a  regional
 placement plan, such] school district OF ATTENDANCE shall provide trans-
 portation  to  and  from  the child's temporary housing location and the
 school [the child legally attends] OF ORIGIN. Such transportation  shall
 not  be  in excess of fifty miles each way except where the commissioner
 certifies that transportation in excess of fifty miles is  in  the  best
 interest of the child. Any cost incurred for such transportation that is
 allowable pursuant to the applicable provision of parts two and three of
 article seventy-three of this chapter or herein, shall be aidable pursu-
 ant to subdivision seven of section thirty-six hundred two of this chap-
 ter,  provided that the approved transportation expense shall not exceed
 an amount determined by the  commissioner  to  be  the  total  cost  for
 providing  the  most  cost-effective  mode  of  such transportation in a
 manner consistent with commissioner's  regulations.    The  commissioner
 shall promulgate regulations setting forth the circumstances pursuant to
 which  parent  accompaniment  for  transportation  may  be reimbursable,
 including but not limited to: the age of the child; the distance of  the
 transportation; the cost-effectiveness of the transportation; and wheth-
 er the child has a handicapping condition.
   d.  Notwithstanding any other provision of law, where a homeless child
 designates the school district of current location as the  district  the
 child  will  attend AND SUCH CHILD DOES NOT ATTEND THE SCHOOL OF ORIGIN,
 such school district shall provide transportation to such child  on  the
 same basis as a resident student.
   e.  [Notwithstanding  any  other provision of law, if a homeless child
 chooses to remain in the public school  building  the  child  previously
 attended  pursuant to subparagraph one of paragraph b of subdivision two
 of this section or paragraph c of subdivision two of  this  section  the
 school  district  shall  provide  transportation to and from the child's
 temporary housing location and the school the child legally  attends  if
 such  temporary  housing  is  located  in a different attendance zone or
 community school district within such district. The cost of such  trans-
 portation shall be reimbursed in accordance with the provisions of para-

 S. 2006                            58                            A. 3006

 graph  c  of  this subdivision.] WHERE THE DESIGNATED SCHOOL DISTRICT OF
 ATTENDANCE HAS RECOMMENDED THAT  THE  HOMELESS  CHILD  ATTEND  A  SUMMER
 EDUCATIONAL  PROGRAM  AND  THE LACK OF TRANSPORTATION POSES A BARRIER TO
 SUCH CHILD'S PARTICIPATION IN THE SUMMER EDUCATIONAL PROGRAM, THE DESIG-
 NATED SCHOOL DISTRICT OF ATTENDANCE SHALL PROVIDE TRANSPORTATION.
   F.  THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE,  OR  THE SOCIAL
 SERVICES DISTRICT IF SUCH CHILD IS ELIGIBLE FOR TRANSPORTATION FROM  THE
 SOCIAL  SERVICES  DISTRICT  PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
 SHALL PROVIDE  OR  ARRANGE  FOR  TRANSPORTATION  TO  EXTRACURRICULAR  OR
 ACADEMIC ACTIVITIES WHERE:
   (1) THE HOMELESS CHILD PARTICIPATES IN OR WOULD LIKE TO PARTICIPATE IN
 AN  EXTRACURRICULAR  OR  ACADEMIC  ACTIVITY,  INCLUDING  AN AFTER-SCHOOL
 ACTIVITY, AT THE SCHOOL;
   (2) THE HOMELESS CHILD MEETS THE RELEVANT ELIGIBILITY CRITERIA FOR THE
 ACTIVITY; AND
   (3) THE LACK OF TRANSPORTATION POSES A BARRIER TO SUCH CHILD'S PARTIC-
 IPATION IN THE ACTIVITY.
   G. WHERE THE HOMELESS CHILD IS  TEMPORARILY  LIVING  IN  A  CONTIGUOUS
 STATE  AND HAS DESIGNATED A SCHOOL OF ORIGIN LOCATED IN THE STATE OF NEW
 YORK, THE DESIGNATED SCHOOL DISTRICT IN NEW YORK STATE SHALL COLLABORATE
 WITH THE LOCAL EDUCATIONAL AGENCY IN WHICH  SUCH  CHILD  IS  TEMPORARILY
 LIVING   TO  ARRANGE  FOR  TRANSPORTATION  IN  ACCORDANCE  WITH  SECTION
 722(G)(1)(J)(III)(II) OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   H. WHERE THE HOMELESS CHILD IS TEMPORARILY LIVING IN  NEW  YORK  STATE
 AND  CONTINUES  TO  ATTEND  A  SCHOOL  OF ORIGIN LOCATED IN A CONTIGUOUS
 STATE, THE SCHOOL DISTRICT OF CURRENT LOCATION SHALL COORDINATE WITH THE
 LOCAL EDUCATIONAL AGENCY WHERE SUCH CHILD IS ATTENDING SCHOOL TO ARRANGE
 FOR TRANSPORTATION IN ACCORDANCE WITH SECTION  722(G)(1)(J)(III)(II)  OF
 THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   I. TRANSPORTATION AS DESCRIBED IN THIS SUBDIVISION MUST BE PROVIDED TO
 THE  HOMELESS  CHILD  BY THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE OR
 THE SOCIAL SERVICES DISTRICT  FOR  THE  DURATION  OF  HOMELESSNESS.  THE
 DESIGNATED  DISTRICT  OF  ATTENDANCE  MUST  TRANSPORT  THE CHILD FOR THE
 REMAINDER OF THE SCHOOL YEAR IN  WHICH  THE  CHILD  BECOMES  PERMANENTLY
 HOUSED  AND  ONE  ADDITIONAL  YEAR  IF THAT YEAR CONSTITUTES THE CHILD'S
 TERMINAL YEAR IN THE DESIGNATED SCHOOL. SUCH TRANSPORTATION SHALL NOT BE
 IN EXCESS OF FIFTY MILES EACH WAY EXCEPT WHERE THE  COMMISSIONER  CERTI-
 FIES  THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST INTER-
 EST OF THE CHILD. THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE SHALL  BE
 ENTITLED  TO REIMBURSEMENT FROM THE CURRENT SCHOOL DISTRICT IN WHICH THE
 CHILD BECOMES PERMANENTLY HOUSED FOR ANY COST INCURRED  FOR  TRANSPORTA-
 TION FOR THE REMAINDER OF THE SCHOOL YEAR AFTER THE CHILD BECOMES PERMA-
 NENTLY  HOUSED  AND  ONE  ADDITIONAL  YEAR  IF THAT YEAR CONSTITUTES THE
 CHILD'S TERMINAL YEAR IN THE DESIGNATED SCHOOL.
   5. EACH SCHOOL DISTRICT SHALL:
   A.  ESTABLISH  PROCEDURES,  IN  ACCORDANCE  WITH  42  U.S.C.   SECTION
 11432(G)(3)(E),  FOR  THE PROMPT RESOLUTION OF DISPUTES REGARDING SCHOOL
 SELECTION OR ENROLLMENT OF A HOMELESS CHILD OR YOUTH, INCLUDING, BUT NOT
 LIMITED TO,  DISPUTES  REGARDING  TRANSPORTATION  AND/OR  A  CHILD'S  OR
 YOUTH'S STATUS AS A HOMELESS CHILD OR UNACCOMPANIED YOUTH;
   B.  PROVIDE A WRITTEN EXPLANATION, INCLUDING A STATEMENT REGARDING THE
 RIGHT TO APPEAL PURSUANT TO 42 U.S.C.  SECTION  11432(G)(3)(E)(II),  THE
 NAME,  POST OFFICE ADDRESS AND TELEPHONE NUMBER OF THE LOCAL EDUCATIONAL
 AGENCY LIAISON AND THE FORM PETITION FOR COMMENCING  AN  APPEAL  TO  THE
 COMMISSIONER  PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER OF A
 FINAL DETERMINATION REGARDING ENROLLMENT, SCHOOL SELECTION AND/OR TRANS-

 S. 2006                            59                            A. 3006
 
 PORTATION, TO THE HOMELESS CHILD'S OR YOUTH'S PARENT OR GUARDIAN, IF THE
 SCHOOL DISTRICT DECLINES TO EITHER ENROLL AND/OR TRANSPORT SUCH CHILD OR
 YOUTH TO THE SCHOOL OF ORIGIN OR A SCHOOL REQUESTED  BY  THE  PARENT  OR
 GUARDIAN; AND
   C.  SHALL IMMEDIATELY ENROLL THE CHILD OR YOUTH IN THE SCHOOL IN WHICH
 ENROLLMENT IS SOUGHT PENDING FINAL RESOLUTION OF THE  DISPUTE  OVER  THE
 SCHOOL DISTRICT'S FINAL DETERMINATION OF THE CHILD'S OR YOUTH'S HOMELESS
 STATUS,  INCLUDING  ALL  AVAILABLE  APPEALS WITHIN THE LOCAL EDUCATIONAL
 AGENCY AND THE COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION  THREE
 HUNDRED TEN OF THIS CHAPTER.
   6.  a.  By  January  thirty-first,  nineteen  hundred ninety-five, the
 commissioner, the commissioner of [social services, and the director  of
 the  division  for youth] THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 shall  develop a plan to ensure coordination and access to education for
 homeless children and shall annually review such plan.
   b. The commissioner shall periodically monitor local school  districts
 to ensure their compliance with the provisions of this article, and that
 such  districts  review  and  revise any local regulations, policies, or
 practices that may act as barriers to the enrollment  or  attendance  of
 homeless  children  in school or their receipt of comparable services as
 defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
   c. School districts shall periodically report such information to  the
 commissioner  as he or she may require to carry out the purposes of this
 section.
   [6.] 7. Public welfare officials, except as otherwise provided by law,
 shall furnish indigent children with suitable  clothing,  shoes,  books,
 food, transportation and other necessaries to enable them to attend upon
 instruction  as required by law. Upon demonstration of need, such neces-
 saries shall also include transportation of indigent  children  for  the
 purposes  of  evaluations  pursuant to section forty-four hundred ten of
 this chapter and title II-A of article twenty-five of the public  health
 law.
   [7.]  8.  INFORMATION ABOUT A HOMELESS CHILD'S OR YOUTH'S LIVING SITU-
 ATION SHALL BE TREATED AS A STUDENT EDUCATIONAL RECORD, AND SHALL NOT BE
 DEEMED TO BE DIRECTORY INFORMATION, UNDER  THE  MCKINNEY-VENTO  HOMELESS
 ASSISTANCE ACT, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015.
   9.  EACH  HOMELESS  CHILD  TO  BE ASSISTED UNDER THIS SECTION SHALL BE
 PROVIDED SERVICES COMPARABLE TO SERVICES OFFERED TO  OTHER  STUDENTS  IN
 THE  SCHOOL SELECTED UNDER THIS SECTION, INCLUDING THE FOLLOWING: TRANS-
 PORTATION SERVICES; EDUCATIONAL SERVICES FOR WHICH THE  CHILD  OR  YOUTH
 MEETS  THE ELIGIBILITY CRITERIA, SUCH AS SERVICES PROVIDED UNDER TITLE I
 OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 OR  SIMILAR  STATE
 OR  LOCAL PROGRAMS; EDUCATIONAL PROGRAMS FOR CHILDREN WITH DISABILITIES;
 EDUCATIONAL PROGRAMS FOR ENGLISH LEARNERS; PROGRAMS IN CAREER AND  TECH-
 NICAL  EDUCATION;  PROGRAMS FOR GIFTED AND TALENTED STUDENTS; AND SCHOOL
 NUTRITION PROGRAMS.
   10. The commissioner may  promulgate  regulations  to  carry  out  the
 purposes of this section.
   §  2.  Paragraph  a  of subdivision 1 of section 3209 of the education
 law, as added by chapter 569 of the laws of 1994, is amended to read  as
 follows:
   a.  Homeless  child. For the purposes of this article, the term "home-
 less child" shall mean:
   (1) a child who lacks a fixed, regular, and adequate  nighttime  resi-
 dence, INCLUDING A CHILD OR YOUTH WHO IS:

 S. 2006                            60                            A. 3006
 
   (I)  SHARING  THE  HOUSING  OF OTHER PERSONS DUE TO A LOSS OF HOUSING,
 ECONOMIC HARDSHIP OR A SIMILAR REASON;
   (II) LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE TO
 THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS;
   (III) ABANDONED IN HOSPITALS;
   (IV)  A MIGRATORY CHILD, AS DEFINED IN SUBSECTION TWO OF SECTION THIR-
 TEEN HUNDRED NINE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965,
 AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, WHO  QUALIFIES  AS
 HOMELESS  UNDER  ANY  OF  THE PROVISIONS OF CLAUSES (I) THROUGH (III) OF
 THIS SUBPARAGRAPH OR SUBPARAGRAPH TWO OF THIS PARAGRAPH; OR
   (V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED  TWEN-
 TY-FIVE  OF  SUBTITLE  B  OF  TITLE  VII  OF THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT; or
   (2) a child who has a primary nighttime location that is:
   (i) a supervised publicly or privately operated  shelter  designed  to
 provide  temporary  living accommodations including, but not limited to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii) a public or private place not designed for,  or  ordinarily  used
 as, a regular sleeping accommodation for human beings, INCLUDING A CHILD
 OR YOUTH WHO IS LIVING IN A CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING,
 SUBSTANDARD HOUSING, BUS OR TRAIN STATIONS OR SIMILAR SETTING.
   (3) the term "homeless child" shall not include a child in foster care
 PLACEMENT  or  receiving  educational  services  pursuant to subdivision
 four, five, six, six-a or seven of section  thirty-two  hundred  two  of
 this article or pursuant to article eighty-one, eighty-five, eighty-sev-
 en or eighty-eight of this chapter.
   § 3. This act shall take effect immediately; provided, however, that:
   (a)  the amendments to paragraph a of subdivision 1 of section 3209 of
 the education law made by section one of this act shall  be  subject  to
 the  expiration and reversion of such paragraph pursuant to section 5 of
 chapter 101 of the laws of 2003, as amended, when  upon  such  date  the
 provisions of section two of this act shall take effect;
   (b)  the  amendments to paragraph a-1 of subdivision 1 of section 3209
 of the education law made by section one of this act  shall  not  affect
 the  expiration  of  such paragraph and shall be deemed to expire there-
 with; and
   (c) the amendments to subdivision 2-a of section 3209 of the education
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.
 
                                  PART D
 
   Section  1. The education law is amended by adding a new section 669-h
 to read as follows:
   § 669-H. EXCELSIOR SCHOLARSHIP. 1. ELIGIBILITY. AN EXCELSIOR  SCHOLAR-
 SHIP  AWARD SHALL BE MADE TO AN APPLICANT WHO: (A) IS MATRICULATED IN AN
 APPROVED PROGRAM LEADING TO AN UNDERGRADUATE DEGREE AT A NEW YORK  STATE
 PUBLIC  INSTITUTION OF HIGHER EDUCATION; (B) IF ENROLLED IN (I) A PUBLIC
 INSTITUTION OF HIGHER EDUCATION PRIOR TO APPLICATION, HAS  COMPLETED  AT
 LEAST  FIFTEEN  COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE
 TO HIS OR HER PROGRAM OR PROGRAMS OF STUDY OR  (II)  AN  INSTITUTION  OF
 HIGHER  EDUCATION  PRIOR  TO APPLICATION, HAS COMPLETED AT LEAST FIFTEEN
 COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE TO HIS  OR  HER
 PROGRAM  OR PROGRAMS OF STUDY AND WHICH WERE ACCEPTED UPON TRANSFER TO A

 S. 2006                            61                            A. 3006
 
 PUBLIC INSTITUTION OF HIGHER EDUCATION; (C) ENROLLS IN AND COMPLETES  AT
 LEAST  FIFTEEN  COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE
 TO HIS OR HER PROGRAM OR PROGRAMS OF STUDY  EXCEPT  IN  LIMITED  CIRCUM-
 STANCES AS PRESCRIBED BY THE CORPORATION IN REGULATION. NOTWITHSTANDING,
 IN THE STUDENT'S LAST SEMESTER, THE STUDENT MAY TAKE AT LEAST ONE COURSE
 NEEDED  TO  MEET  HIS  OR  HER GRADUATION REQUIREMENTS AND ENROLL IN AND
 COMPLETE AT LEAST FIFTEEN CREDIT HOURS OR ITS  EQUIVALENT;  (D)  HAS  AN
 ADJUSTED  GROSS INCOME, AS DEFINED IN THIS SUBDIVISION, EQUAL TO OR LESS
 THAN: (I) ONE HUNDRED THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD
 IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR; (II)
 ONE HUNDRED TEN THOUSAND DOLLARS FOR RECIPIENTS RECEIVING  AN  AWARD  IN
 THE  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN ACADEMIC YEAR; AND
 (III) ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS  RECEIVING
 AN AWARD IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR
 AND  THEREAFTER; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS
 ARTICLE AND ALL REQUIREMENTS PROMULGATED  BY  THE  CORPORATION  FOR  THE
 ADMINISTRATION  OF THE PROGRAM. ADJUSTED GROSS INCOME SHALL BE THE TOTAL
 OF THE COMBINED ADJUSTED GROSS INCOME OF THE APPLICANT  AND  THE  APPLI-
 CANT'S  PARENTS OR THE APPLICANT AND THE APPLICANT'S SPOUSE, IF MARRIED,
 AS REPORTED ON THE FEDERAL INCOME TAX RETURN, OR AS  OTHERWISE  OBTAINED
 BY  THE  CORPORATION, FOR THE CALENDAR YEAR COINCIDING WITH THE TAX YEAR
 ESTABLISHED BY THE U.S. DEPARTMENT OF EDUCATION  TO  QUALIFY  APPLICANTS
 FOR FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY TITLE IV OF THE
 HIGHER EDUCATION ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, FOR THE
 SCHOOL YEAR IN WHICH APPLICATION FOR ASSISTANCE IS MADE.
   2.  AMOUNT.  AWARDS  SHALL  BE GRANTED BEGINNING WITH THE TWO THOUSAND
 SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR AND THEREAFTER TO  APPLI-
 CANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH
 AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN THE AMOUNT  EQUAL  TO
 THE  AMOUNT  OF  UNDERGRADUATE  TUITION  FOR RESIDENTS OF NEW YORK STATE
 CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION, WHICHEVER
 IS LESS; PROVIDED, HOWEVER,  (A)  A  STUDENT  WHO  RECEIVES  EDUCATIONAL
 GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTEND-
 ANCE  SHALL  NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; AND (B) AN
 AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE  APPLICA-
 TION  OF PAYMENTS RECEIVED UNDER THE TUITION ASSISTANCE PROGRAM PURSUANT
 TO SECTION SIX HUNDRED SIXTY-SEVEN  OF  THIS  SUBPART,  TUITION  CREDITS
 PURSUANT  TO  SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS ARTICLE, FEDERAL
 PELL GRANT PURSUANT TO SECTION ONE THOUSAND SEVENTY OF TITLE  TWENTY  OF
 THE  UNITED STATES CODE, ET. SEQ., AND ANY OTHER PROGRAM THAT COVERS THE
 COST OF ATTENDANCE, AND THE AWARD UNDER THIS PROGRAM SHALL BE REDUCED IN
 THE AMOUNT EQUAL TO SUCH PAYMENTS, PROVIDED THAT THE  COMBINED  BENEFITS
 DO  NOT  EXCEED THE STUDENT'S FULL COST OF TUITION. UPON NOTIFICATION OF
 AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE  AMOUNT  OF
 TUITION.    NOTWITHSTANDING  PARAGRAPH  H  OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED FIFTY-FIVE AND  PARAGRAPH  (A)  OF  SUBDIVISION  SEVEN  OF
 SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER, AND ANY OTHER LAW,
 RULE OR REGULATION TO THE CONTRARY, THE UNDERGRADUATE TUITION CHARGED BY
 THE  INSTITUTION  TO RECIPIENTS OF AN AWARD SHALL NOT EXCEED THE TUITION
 RATE ESTABLISHED BY THE INSTITUTION FOR THE  TWO  THOUSAND  SIXTEEN--TWO
 THOUSAND SEVENTEEN ACADEMIC YEAR.
   3. DURATION. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE
 THAN  FOUR  ACADEMIC  YEARS  OF  FULL-TIME  UNDERGRADUATE  STUDY OR FIVE
 ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS.  AN
 ELIGIBLE  RECIPIENT  ENROLLED  IN  AN ELIGIBLE TWO YEAR PROGRAM OF STUDY
 SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO ACADEMIC YEARS.    NOTWITH-

 S. 2006                            62                            A. 3006
 
 STANDING, SUCH DURATION MAY BE EXTENDED FOR AN ALLOWABLE INTERRUPTION OF
 STUDY.
   4.  CONDITIONS.  (A) AN APPLICANT WHO WOULD BE ELIGIBLE FOR A NEW YORK
 STATE TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION  SIX  HUNDRED
 SIXTY-SEVEN  OF  THIS  SUBPART  AND/OR  A FEDERAL PELL GRANT PURSUANT TO
 SECTION ONE THOUSAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES  CODE,
 ET. SEQ., IS REQUIRED TO APPLY FOR EACH SUCH AWARD.
   (B)  AN  APPLICANT WHO HAS EARNED A BACHELOR'S DEGREE IS INELIGIBLE TO
 RECEIVE AN AWARD PURSUANT TO THIS SECTION.
   (C) AN APPLICANT WHO HAS EARNED AN ASSOCIATE'S DEGREE IS INELIGIBLE TO
 RECEIVE AN AWARD FOR A TWO  YEAR  PROGRAM  OF  STUDY  PURSUANT  TO  THIS
 SECTION.
   (D)  NOTWITHSTANDING  PARAGRAPH  C  OF SUBDIVISION FOUR OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS PART, A SCHOOL SHALL CERTIFY THAT A  RECIPIENT
 HAS  ACHIEVED  THE  MINIMUM GRADE POINT AVERAGE NECESSARY FOR SUCCESSFUL
 COMPLETION OF HIS OR HER COURSEWORK TO RECEIVE PAYMENT UNDER THE AWARD.
   5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS,
 AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. This act shall be known and may be cited as the  "New  York
 state DREAM Act".
   § 2. Subdivision 3 of section 661 of the education law is REPEALED.
   § 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

 S. 2006                            63                            A. 3006
 
   (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.
   § 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

 S. 2006                            64                            A. 3006
 
 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.
   § 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.
   § 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.
   § 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
   § 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:

 S. 2006                            65                            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
   § 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
 law, as amended by chapter 327 of the laws of 2002,  the  opening  para-
 graph  as  amended  by  section 4 of chapter 437 of the laws of 2015, is
 amended to read as follows:
   (a) The board of  trustees  shall  establish  positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency.  Notwithstanding  any other
 provision of this paragraph, the trustees may authorize the setting of a
 separate category of tuition  rate,  that  shall  be  greater  than  the
 tuition  rate  for  resident students and less than the tuition rate for
 non-resident students, only for students enrolled in  distance  learning
 courses  who  are not residents of the state. The trustees shall further
 provide that the payment of tuition and fees by any student who is not a
 resident of New York state, other than a non-immigrant alien within  the
 meaning  of  paragraph (15) of subsection (a) of section 1101 of title 8
 of the United States Code, shall be paid at a rate or charge no  greater
 than  that  imposed  for students who are residents of the state if such
 student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
 applied  for  attendance [at] AND ATTENDED an institution or educational
 unit of the city university within five years of receiving  a  New  York
 state high school diploma; or
   (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

 S. 2006                            66                            A. 3006
 
 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.
   § 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

 S. 2006                            67                            A. 3006
 
 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.
   § 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.
   § 10-a. Paragraph d of subdivision 3 of section 6451 of the  education
 law,  as  amended by chapter 494 of the laws of 2016, 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;
   § 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. 2006                            68                            A. 3006
 
   § 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:
   (a)  (I) Undergraduate science and technology entry program moneys may
 be used for tutoring, counseling, remedial and special  summer  courses,
 supplemental  financial  assistance,  program  administration, and other
 activities which the commissioner may deem appropriate. To  be  eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support, a student must be a resident of New York [who is], OR MEET  THE
 REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
 economically disadvantaged or from a minority group  historically  under
 represented  in  the  scientific,  technical,  health and health-related
 professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved,  undergraduate  level  program  of  study,  as  defined by the
 regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
 HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
 SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  13. Paragraph (a) of subdivision 3 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:

 S. 2006                            69                            A. 3006
 
   (a)  (I)  Graduate  science and technology entry program moneys may be
 used for recruitment, academic enrichment, career planning, supplemental
 financial assistance, review for licensing examinations, program  admin-
 istration,  and  other activities which the commissioner may deem appro-
 priate.  To  be  eligible for graduate collegiate science and technology
 entry program support, a student must be a resident  of  New  York  [who
 is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
 AND MUST BE either economically disadvantaged or from a  minority  group
 historically  underrepresented  in the scientific, technical and health-
 related professions. Eligible students must be in good  academic  stand-
 ing,  enrolled  full  time  in  an  approved  graduate level program, as
 defined by the regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
 TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
 SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H  OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  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  SEVEN-
 TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-

 S. 2006                            70                            A. 3006
 
 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   §  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  SEVENTEEN  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
   § 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 6 of the public officers law or  otherwise  required
 by law.
   §  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.
   §  18. This act shall take effect on the ninetieth day after the issu-
 ance of regulations and the development of an application  form  by  the
 president of the higher education services corporation or on the nineti-
 eth  day  after  it  shall  have become a law, whichever shall be later;
 provided, however, that:
   a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1)  of
 subdivision 7 of section 6206 of the education law made by section eight
 of  this act shall not affect the expiration of such paragraph and shall
 be deemed to expire therewith; when upon such  date  the  provisions  of
 section eight-a of this act shall take effect;
   b. section ten-a of this act shall take effect on the same date and in
 the same manner as chapter 494 of the laws of 2016 takes effect; and
   c.  the  president  of the higher education services corporation shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  issuance  of regulations and the development of an application form
 provided for in this section in order that the commission  may  maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.
 
                                  PART F
 
   Section 1. The opening paragraph of paragraph c of  subdivision  3  of
 section  667 of the education law, as added by chapter 83 of the laws of
 1995 and as relettered by section 2 of part J of chapter 58 of the  laws
 of 2011, is amended to read as follows:
   In no [even] EVENT shall [shall] any award:

 S. 2006                            71                            A. 3006
 
   § 2. Subparagraph (iii) of paragraph c of subdivision 3 of section 667
 of  the education law, as added by chapter 83 of the laws of 1995 and as
 relettered by section 2 of part J of chapter 58 of the laws of 2011,  is
 amended and a new subparagraph (iv) is added to read as follows:
   (iii) be made when income exceeds the maximum income set forth in this
 subdivision.  The  commissioner  shall list in his regulations all major
 state and federal financial aid available to New York state students and
 identify any forms of aid that are duplicative of the  purposes  of  the
 tuition  assistance  program.  For  the  purposes  of  this subdivision,
 neither United States war orphan educational benefits nor benefits under
 the veterans' readjustment act of nineteen hundred  sixty-six  shall  be
 considered as federal or other educational aid[.]; OR
   (IV)  BE  MADE  IF  THE  INCREASE IN ANNUAL TUITION AND MANDATORY FEES
 EXCEEDS THE THREE YEAR AVERAGE OF THE FINAL HIGHER EDUCATION PRICE INDEX
 FOR THE MOST RECENTLY AVAILABLE ACADEMIC YEARS OR FIVE HUNDRED  DOLLARS,
 WHICHEVER  IS  GREATER.  NOTWITHSTANDING, STUDENTS WHO FIRST RECEIVED AN
 AWARD IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR
 AND EARLIER, SHALL CONTINUE TO BE ELIGIBLE FOR AN  AWARD  PROVIDED  SUCH
 STUDENTS SATISFY THE ELIGIBILITY REQUIREMENTS.
   § 3. This act shall take effect July 1, 2018.
 
                                  PART G
 
   Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
 355 of the education law, as amended by section 1 of part D  of  chapter
 54 of the laws of 2016, is amended to read as follows:
   (4)  The trustees shall not impose a differential tuition charge based
 upon need or  income.  Except  as  hereinafter  provided,  all  students
 enrolled  in  programs  leading to like degrees at state-operated insti-
 tutions of the state university shall  be  charged  a  uniform  rate  of
 tuition  except for differential tuition rates based on state residency.
 Provided, however, that the trustees may authorize the presidents of the
 colleges of technology and the colleges of agriculture and technology to
 set differing rates of tuition for each of  the  colleges  for  students
 enrolled  in degree-granting programs leading to an associate degree and
 non-degree granting programs so long  as  such  tuition  rate  does  not
 exceed  the  tuition  rate  charged to students who are enrolled in like
 degree programs or degree-granting undergraduate programs leading  to  a
 baccalaureate  degree  at other state-operated institutions of the state
 university of New York. Notwithstanding  any  other  provision  of  this
 subparagraph, the trustees may authorize the setting of a separate cate-
 gory  of  tuition  rate, that shall be greater than the tuition rate for
 resident students and  less  than  the  tuition  rate  for  non-resident
 students,  only  for  students enrolled in distance learning courses who
 are not residents of the state. Except as otherwise authorized  in  this
 subparagraph,  the  trustees  shall  not adopt changes affecting tuition
 charges prior to the enactment of the annual  budget,  provided  however
 that:
   (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
 academic year and ending  in  the  two  thousand  fifteen--two  thousand
 sixteen academic year the state university of New York board of trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than three hundred dollars over the resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided however that commencing with  the  two  thousand
 eleven--two thousand twelve academic year [and each year thereafter] AND

 S. 2006                            72                            A. 3006
 
 ENDING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR
 if  the  annual resident undergraduate rate of tuition would exceed five
 thousand dollars, then a tuition credit for each  eligible  student,  as
 determined  and  calculated  by  the  New  York  state  higher education
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  title, shall be applied toward the tuition charged for each semes-
 ter, quarter or term of study. Tuition for  each  semester,  quarter  or
 term  of study shall not be due for any student eligible to receive such
 tuition credit until  the  tuition  credit  is  calculated  and  applied
 against  the  tuition charged for the corresponding semester, quarter or
 term.
   (ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUS-
 TEES  SHALL  BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
 TUITION BY NOT MORE THAN TWO HUNDRED FIFTY  DOLLARS  OVER  THE  RESIDENT
 UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
 PRIOR ACADEMIC YEAR, PROVIDED,  HOWEVER  THAT  IF  THE  ANNUAL  RESIDENT
 UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
 TUITION  CREDIT  FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
 BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO
 SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
 THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
 FOR  EACH  SEMESTER,  QUARTER  OR TERM OF STUDY SHALL NOT BE DUE FOR ANY
 STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
 IS CALCULATED AND APPLIED AGAINST THE TUITION  CHARGED  FOR  THE  CORRE-
 SPONDING  SEMESTER, QUARTER OR TERM.  PROVIDED, FURTHER THAT THE REVENUE
 RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED  TO
 EACH  CAMPUS  PURSUANT  TO  A  PLAN APPROVED BY THE BOARD OF TRUSTEES TO
 SUPPORT INVESTMENTS IN  FACULTY,  INSTRUCTION,  INITIATIVES  TO  IMPROVE
 STUDENT  SUCCESS  AND  ON-TIME  COMPLETION AND A TUITION CREDIT FOR EACH
 ELIGIBLE STUDENT.
   (III)  On  or  before  November  thirtieth,  two   thousand   [eleven]
 SEVENTEEN,  the  trustees  shall approve and submit to the chairs of the
 assembly ways and means committee and the senate finance  committee  and
 to  the  director  of the budget a master tuition plan setting forth the
 tuition rates that  the  trustees  propose  for  resident  undergraduate
 students  for  the  five  year  period  commencing with the two thousand
 [eleven] SEVENTEEN--two thousand [twelve]  EIGHTEEN  academic  year  and
 ending  in  the two thousand [fifteen] TWENTY-ONE-two thousand [sixteen]
 TWENTY-TWO academic year, and shall submit any  proposed  amendments  to
 such  plan  by  November  thirtieth  of  each subsequent year thereafter
 through November  thirtieth,  two  thousand  [fifteen]  TWENTY-ONE,  and
 provided  further, that with the approval of the board of trustees, each
 university center may increase non-resident undergraduate tuition  rates
 each  year  by  not  more than ten percent over the tuition rates of the
 prior academic year for a six year period commencing with the two  thou-
 sand  eleven--two  thousand  twelve  academic year and ending in the two
 thousand sixteen--two thousand seventeen academic year.
   [(iii)] (IV) Beginning in state fiscal year  two  thousand  twelve-two
 thousand  thirteen and ending in state fiscal year two thousand fifteen-
 -two thousand sixteen, the state shall appropriate  and  make  available
 general fund operating support, including fringe benefits, for the state
 university  in  an amount not less than the amount appropriated and made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to

 S. 2006                            73                            A. 3006
 
 the temporary president of the senate and speaker of the assembly, state
 support for operating expenses at the state university and city  univer-
 sity  may  be  reduced in a manner proportionate to one another, and the
 aforementioned provisions shall not apply.
   [(iv)]  (V) For the state university fiscal years commencing two thou-
 sand eleven--two thousand twelve and ending  two  thousand  fifteen--two
 thousand  sixteen, each university center may set aside a portion of its
 tuition revenues derived from tuition  increases  to  provide  increased
 financial  aid  for New York state resident undergraduate students whose
 net taxable income is eighty thousand dollars or  more  subject  to  the
 approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
 of the state university of New York. Nothing in this paragraph shall  be
 construed  as  to  authorize  that  students whose net taxable income is
 eighty thousand dollars or more  are  eligible  for  tuition  assistance
 program awards pursuant to section six hundred sixty-seven of this chap-
 ter.
   §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
 law, as amended by section 2 of part D of chapter  54  of  the  laws  of
 2016, is amended to read as follows:
   (a)  The  board  of  trustees  shall establish positions, departments,
 divisions and faculties; appoint and in accordance with  the  provisions
 of  law  fix  salaries  of instructional and non-instructional employees
 therein; establish and conduct courses and curricula;  prescribe  condi-
 tions of student admission, attendance and discharge; and shall have the
 power  to  determine  in its discretion whether tuition shall be charged
 and to regulate tuition charges, and  other  instructional  and  non-in-
 structional  fees and other fees and charges at the educational units of
 the city university. The trustees shall review  any  proposed  community
 college  tuition  increase  and the justification for such increase. The
 justification provided by the community college for such increase  shall
 include  a  detailed  analysis of ongoing operating costs, capital, debt
 service expenditures, and all revenues. The trustees shall not impose  a
 differential  tuition  charge  based  upon  need or income. All students
 enrolled in programs leading to like  degrees  at  the  senior  colleges
 shall  be  charged  a  uniform  rate of tuition, except for differential
 tuition rates  based  on  state  residency.  Notwithstanding  any  other
 provision of this paragraph, the trustees may authorize the setting of a
 separate  category  of  tuition  rate,  that  shall  be greater than the
 tuition rate for resident students and less than the  tuition  rate  for
 non-resident  students,  only for students enrolled in distance learning
 courses who are not residents of the state; provided, however, that:
   (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
 academic  year  and  ending  in  the  two thousand fifteen--two thousand
 sixteen academic year, the city university of New York board of trustees
 shall be empowered  to  increase  the  resident  undergraduate  rate  of
 tuition  by not more than three hundred dollars over the resident under-
 graduate rate of tuition adopted by the board of trustees in  the  prior
 academic  year,  provided  however that commencing with the two thousand
 eleven--two thousand twelve academic year  and  [each  year  thereafter]
 ENDING  WITH  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC
 YEAR if the annual resident undergraduate rate of tuition  would  exceed
 five  thousand dollars, then a tuition credit for each eligible student,
 as determined and calculated by the  New  York  state  higher  education
 services  corporation  pursuant  to section six hundred eighty-nine-a of
 this chapter, shall be applied  toward  the  tuition  charged  for  each
 semester,  quarter  or term of study. Tuition for each semester, quarter

 S. 2006                            74                            A. 3006
 
 or term of study shall not be due for any student  eligible  to  receive
 such  tuition  credit until the tuition credit is calculated and applied
 against the tuition charged for the corresponding semester,  quarter  or
 term.
   (ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 ACADEMIC  YEAR  AND  ENDING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF  TRUS-
 TEES  SHALL  BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
 TUITION BY NOT MORE THAN TWO HUNDRED FIFTY  DOLLARS  OVER  THE  RESIDENT
 UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
 PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDER-
 GRADUATE RATE OF TUITION WOULD EXCEED  FIVE  THOUSAND  DOLLARS,  THEN  A
 TUITION  CREDIT  FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
 BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO
 SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
 THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
 FOR  EACH  SEMESTER,  QUARTER  OR TERM OF STUDY SHALL NOT BE DUE FOR ANY
 STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
 IS CALCULATED AND APPLIED AGAINST THE TUITION  CHARGED  FOR  THE  CORRE-
 SPONDING  SEMESTER, QUARTER OR TERM.  PROVIDED, FURTHER THAT THE REVENUE
 RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED  TO
 EACH  CAMPUS  PURSUANT  TO  A  PLAN APPROVED BY THE BOARD OF TRUSTEES TO
 SUPPORT INVESTMENTS IN  FACULTY,  INSTRUCTION,  INITIATIVES  TO  IMPROVE
 STUDENT  SUCCESS  AND  ON-TIME  COMPLETION AND A TUITION CREDIT FOR EACH
 ELIGIBLE STUDENT.
   (III)  On  or  before  November  thirtieth,  two   thousand   [eleven]
 SEVENTEEN,  the  trustees  shall approve and submit to the chairs of the
 assembly ways and means committee and the senate finance  committee  and
 to  the  director  of the budget a master tuition plan setting forth the
 tuition rates that  the  trustees  propose  for  resident  undergraduate
 students  for  the  five  year  period  commencing with the two thousand
 [eleven] SEVENTEEN--two thousand [twelve]  EIGHTEEN  academic  year  and
 ending  in the two thousand [fifteen] TWENTY-ONE--two thousand [sixteen]
 TWENTY-TWO academic year, and shall submit any  proposed  amendments  to
 such  plan  by  November  thirtieth  of  each subsequent year thereafter
 through November thirtieth, two thousand [fifteen] TWENTY-ONE.
   [(iii)] (IV) Beginning in state fiscal year two  thousand  twelve--two
 thousand  thirteen and ending in state fiscal year two thousand fifteen-
 -two thousand sixteen, the state shall appropriate  and  make  available
 state support for operating expenses, including fringe benefits, for the
 city  university  in an amount not less than the amount appropriated and
 made available in the prior state fiscal year; provided,  however,  that
 if the governor declares a fiscal emergency, and communicates such emer-
 gency to the temporary president of the senate and speaker of the assem-
 bly,  state  support  for operating expenses of the state university and
 city university may be reduced in a manner proportionate to one another,
 and the aforementioned provisions shall not apply.
   § 3. Section 359 of the education law  is  amended  by  adding  a  new
 subdivision 6 to read as follows:
   6.  THE  STATE  UNIVERSITY  TRUSTEES  SHALL ANNUALLY REPORT ON HOW THE
 REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
 TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT  FINANCIAL
 ASSISTANCE  FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE TRUSTEES
 SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
   § 4. Section 6206 of the education law is  amended  by  adding  a  new
 subdivision 19 to read as follows:

 S. 2006                            75                            A. 3006
 
   19.  THE  CITY  UNIVERSITY  TRUSTEES  SHALL ANNUALLY REPORT ON HOW THE
 REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
 TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT  FINANCIAL
 ASSISTANCE  FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE TRUSTEES
 SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
   § 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
 tion law and the New York state urban development corporation act relat-
 ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
 program, as amended by section 5 of part D of chapter 54 of the laws  of
 2016, is amended to read as follows:
   §  16. This act shall take effect July 1, 2011; provided that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen of this act shall expire [6] 11 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and  provided  further  that  sections  fourteen and fifteen of this act
 shall expire 5 years after such effective date when upon such  date  the
 provisions of this act shall be deemed repealed.
   §  6. This act shall take effect immediately; provided that the amend-
 ments to subparagraph 4 of paragraph h of subdivision 2 of  section  355
 of  the education law made by section one of this act and the amendments
 to paragraph (a) of subdivision 7 of section 6206 of the  education  law
 made  by section two of this act shall not affect the expiration of such
 provisions and shall be deemed to expire therewith.
 
                                  PART H

   Section 1. Section 6221 of the education law is amended  by  adding  a
 new subdivision F to read as follows:
   F.  FOUNDATION  CONTRIBUTIONS  TO  THE CITY UNIVERSITY OF NEW YORK. 1.
 NOTWITHSTANDING ANY OTHER LAW,  RULE  OR  REGULATION  TO  THE  CONTRARY,
 COMMENCING IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC
 YEAR AND EACH ACADEMIC YEAR THEREAFTER, THE TRUSTEES OF THE CITY UNIVER-
 SITY  OF  NEW YORK SHALL ANNUALLY COLLECT FROM EACH AFFILIATED NONPROFIT
 ORGANIZATION AND FOUNDATION AN AMOUNT EQUAL TO TEN PERCENT OF THE ANNUAL
 REVENUE RECEIVED BY EACH AFFILIATED NONPROFIT ORGANIZATION OR FOUNDATION
 IN THE PREVIOUS ACADEMIC YEAR. THE  FUNDS  COLLECTED  PURSUANT  TO  THIS
 SUBDIVISION SHALL BE UTILIZED TO FUND TUITION ASSISTANCE INITIATIVES FOR
 STUDENTS IN NEED ATTENDING THE CITY UNIVERSITY OF NEW YORK.
   2.  AS USED WITHIN THIS SUBDIVISION "AFFILIATED NONPROFIT ORGANIZATION
 OR FOUNDATION" MEANS AN ORGANIZATION  OR  FOUNDATION  FORMED  UNDER  THE
 NOT-FOR-PROFIT  CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENE-
 FIT OF OR CONTROLLED BY THE CITY UNIVERSITY OF NEW YORK OR  ITS  RESPEC-
 TIVE  UNIVERSITIES,  COLLEGES,  COMMUNITY COLLEGES, CAMPUSES OR SUBDIVI-
 SIONS, INCLUDING THE RESEARCH FOUNDATION OF THE CITY UNIVERSITY  OF  NEW
 YORK,  TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR PROVIDING A DIRECT
 BENEFIT TO,  THE  RESPECTIVE  UNIVERSITY,  COLLEGE,  COMMUNITY  COLLEGE,
 CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE, THAT HAS CONTROL OF,
 MANAGES  OR  RECEIVES FIFTY THOUSAND DOLLARS OR MORE ANNUALLY, INCLUDING
 ALUMNI ASSOCIATIONS. FOR THE PURPOSES OF  THIS  SUBDIVISION,  THIS  TERM
 DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED SOLELY OF ENROLLED
 STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A STUDENT OBJECTIVE.
   § 2. This act shall take effect immediately.
 
                                  PART I

 S. 2006                            76                            A. 3006
 
   Section  1.  Subdivision  (c)  of section 609 of the limited liability
 company law, as added by chapter 537 of the laws of 2014, is amended  to
 read as follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as  determined as of the beginning of the period during which the unpaid
 services referred to in this section are performed,  of  every  DOMESTIC
 limited  liability  company AND EVERY FOREIGN LIMITED LIABILITY COMPANY,
 shall jointly and severally be personally liable for all debts, wages or
 salaries due and owing to any of its laborers,  servants  or  employees,
 for  services  performed  by  them  for  such limited liability company.
 Before such laborer, servant or employee shall charge  such  member  for
 such  services,  he  or  she shall give notice in writing to such member
 that he or she intends to hold such member liable  under  this  section.
 Such  notice  shall be given within one hundred eighty days after termi-
 nation of such services. An action to enforce such  liability  shall  be
 commenced  within  ninety days after the return of an execution unsatis-
 fied against [the] SUCH limited liability company upon a judgment recov-
 ered against it for such services. A member who has paid more  than  his
 or  her  pro rata share under this section shall be entitled to contrib-
 ution pro rata from the other members liable  under  this  section  with
 respect to the excess so paid, over and above his or her pro rata share,
 and  may  sue them jointly or severally or any number of them to recover
 the amount due from them. Such recovery may be had in a separate action.
 As used in this subdivision, "pro rata" means in proportion to  percent-
 age  ownership  interest.  Before  a  member may claim contribution from
 other members under this section, he or she shall give  them  notice  in
 writing that he or she intends to hold them so liable to him or her.
   §  2.  Subdivision  1  of  section  196 of the labor law is amended by
 adding a new paragraph f to read as follows:
   F. WHEN AN EMPLOYER IS A CORPORATION  OR  LIMITED  LIABILITY  COMPANY,
 INCLUDING FOREIGN AS WELL AS DOMESTIC, THE COMMISSIONER'S DUTIES, POWERS
 AND  AUTHORITY SHALL INCLUDE THE FOLLOWING WITH RESPECT TO THE TEN LARG-
 EST SHAREHOLDERS, WITHIN THE MEANING OF SECTION SIX  HUNDRED  THIRTY  OF
 THE  BUSINESS  CORPORATION  LAW,  OR  THE  TEN  MEMBERS WITH THE LARGEST
 PERCENTAGE OWNERSHIP INTEREST, WITHIN THE MEANING OF SECTION SIX HUNDRED
 NINE OF THE LIMITED LIABILITY COMPANY LAW, IN CONNECTION WITH AN ASSIGN-
 MENT, INVESTIGATION, PROCEEDING, ORDER, OR JUDGMENT UNDER THIS  ARTICLE,
 UNDER  SECTION  TWO  HUNDRED  FIFTEEN,  OR UNDER ARTICLE EIGHT, EIGHT-A,
 NINE, NINETEEN, NINETEEN-A OR TWENTY-FIVE-A OF THIS CHAPTER:
   (I) TO ORDER THE EMPLOYER TO IDENTIFY SUCH  SHAREHOLDERS  AND  MEMBERS
 AND, IF THE EMPLOYER SHALL FAIL TO IDENTIFY SUCH SHAREHOLDERS WITHIN TEN
 DAYS  AFTER  AN ORDER UNDER THIS SUBPARAGRAPH, TO BRING AN ACTION IN THE
 NAME AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK  AGAINST  SUCH
 EMPLOYER  IN  THE SUPREME COURT TO COMPEL SUCH EMPLOYER TO IDENTIFY SUCH
 SHAREHOLDERS AND MEMBERS AND PAY A CIVIL PENALTY OF  NO  MORE  THAN  TEN
 THOUSAND DOLLARS;
   (II)  TO SERVE WRITTEN NOTICES ON SUCH SHAREHOLDERS AND MEMBERS PURSU-
 ANT TO SECTION SIX HUNDRED THIRTY OF THE BUSINESS  CORPORATION  LAW  AND
 SECTION SIX HUNDRED NINE OF THE LIMITED LIABILITY COMPANY LAW, ON BEHALF
 OF LABORERS, SERVANTS OR EMPLOYEES, WITHIN THE TIME PERIOD PRESCRIBED BY
 THOSE SECTIONS, WHICH TIME PERIOD SHALL BE TOLLED DURING THE COMMISSION-
 ER'S INVESTIGATION; AND
   (III)  TO NAME SUCH SHAREHOLDERS AND MEMBERS IN ANY ORDER OR JUDGEMENT
 WITHIN THE SCOPE OF THIS PARAGRAPH AND TO  HOLD  SUCH  SHAREHOLDERS  AND
 MEMBERS  JOINTLY  AND  SEVERALLY  LIABLE FOR ALL WAGES, PAY, AND COMPEN-

 S. 2006                            77                            A. 3006
 
 SATION, TOGETHER WITH INTEREST ASSESSED UNDER  THIS  CHAPTER,  FROM  THE
 DATE  OF  ANY WRITTEN NOTICE PURSUANT TO SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH, WHICH ORDERS AND JUDGMENTS MAY BE ENFORCED AS PROVIDED FOR  UNDER
 THIS  CHAPTER,  IN  LIEU  OF ACTIONS COMMENCED UNDER SECTION SIX HUNDRED
 THIRTY OF THE BUSINESS CORPORATION LAW AND SECTION SIX HUNDRED  NINE  OF
 THE LIMITED LIABILITY COMPANY LAW.
   §  3.  This  act shall take effect immediately with respect to liabil-
 ities owed to laborers, servants or employees  whose  services  had  not
 been terminated more than one hundred eighty days prior to the effective
 date of this act.
 
                                  PART J
 
   Section 1. The criminal procedure law is amended by adding a new arti-
 cle 722 to read as follows:
                                ARTICLE 722
      PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                        PART AND RELATED PROCEDURES
 SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
         722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
         722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
 § 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.   THE JUVENILE MAY, AT HIS OR HER DISCRETION OR
 AT THE DISCRETION OF THEIR PARENT OR OTHER  PERSON  LEGALLY  RESPONSIBLE
 FOR  THE  CARE  OF  THE  JUVENILE,  BE ACCOMPANIED BY COUNSEL DURING THE
 ASSESSMENT.  BASED UPON THE ASSESSMENT FINDINGS, THE  PROBATION  DEPART-
 MENT  SHALL  REFER  THE  JUVENILE TO AVAILABLE SPECIALIZED AND EVIDENCE-
 BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO ADDRESS  INDIVID-
 UAL NEEDS.
   2.  ANY  JUVENILE  UNDERGOING  SERVICES  SHALL EXECUTE APPROPRIATE AND
 NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE  PROBATION
 DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE  PROVIDER  AND  RECEIVE
 PROGRESS REPORTS WITH  RESPECT  TO  SERVICES  OFFERED  AND/OR  DELIVERED
 INCLUDING,  BUT  NOT  LIMITED  TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST
 RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE  COMPLI-
 ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
   3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
 ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
 CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
 PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
 ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
 SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
 ATTENDANCE,  WHERE  APPLICABLE.  FOLLOWING  THE  JUVENILE'S   SUCCESSFUL
 COMPLETION  OF  THE  CONDITIONS OF HIS OR HER CASE PLAN, THE COURT, WITH
 THE CONSENT OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT  OR  ANY
 COUNT THEREOF IN ACCORDANCE WITH SECTION 210.40 OF THIS CHAPTER.
   4.  WHEN  PREPARING  A  PRE-SENTENCE  INVESTIGATION REPORT OF ANY SUCH
 YOUTH, THE PROBATION DEPARTMENT  SHALL  INCORPORATE  A  SUMMARY  OF  THE
 ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
 ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.

 S. 2006                            78                            A. 3006
 
   5.  THE  PROBATION SERVICE SHALL NOT TRANSMIT OR OTHERWISE COMMUNICATE
 TO THE DISTRICT ATTORNEY OR THE YOUTH PART ANY  STATEMENT  MADE  BY  THE
 JUVENILE OFFENDER TO A PROBATION OFFICER. HOWEVER, THE PROBATION SERVICE
 MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
 PLAN  TO  THE  YOUTH  PART AND PROVIDE SUCH INFORMATION AS IT SHALL DEEM
 RELEVANT.
   6. NO STATEMENT MADE TO THE PROBATION  SERVICE  DURING  THE  RISK  AND
 NEEDS  ASSESSMENT OR WHILE THE JUVENILE OFFENDER IS FOLLOWING HIS OR HER
 CASE PLAN MAY BE ADMITTED INTO EVIDENCE AT A FACT-  FINDING  HEARING  AT
 ANY TIME PRIOR TO A CONVICTION.
 § 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
 IN  A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
 JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
 RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES  PRESID-
 ING  IN  THE  YOUTH  PART  SHALL  RECEIVE TRAINING IN SPECIALIZED AREAS,
 INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
 AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
 CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
 PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
 SECTION 180.75 OF THIS CHAPTER.
 § 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
   1.  WHEN  A  JUVENILE  OFFENDER  IS ARRAIGNED BEFORE A YOUTH PART, THE
 PROVISIONS OF THIS SECTION SHALL APPLY. IF THE  YOUTH  PART  IS  NOT  IN
 SESSION,  THE  DEFENDANT  SHALL  BE  BROUGHT  BEFORE THE MOST ACCESSIBLE
 MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT  TO
 ACT  AS  A  YOUTH PART FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER
 SUCH JUVENILE SHALL BE DETAINED. IF  THE  DEFENDANT  IS  ORDERED  TO  BE
 DETAINED,  HE  OR  SHE  SHALL  BE BROUGHT BEFORE THE NEXT SESSION OF THE
 YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED
 TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART.
   2. IF THE DEFENDANT WAIVES A HEARING UPON THE  FELONY  COMPLAINT,  THE
 COURT  MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE GRAND
 JURY WITH RESPECT TO THE CHARGE  OR  CHARGES  CONTAINED  IN  THE  FELONY
 COMPLAINT.
   3.  IF  THERE BE A HEARING, THEN AT THE CONCLUSION OF THE HEARING, THE
 COURT MUST DISPOSE OF THE FELONY COMPLAINT AS FOLLOWS:
   (A) IF THERE IS A REASONABLE  CAUSE  TO  BELIEVE  THAT  THE  DEFENDANT
 COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN IS CRIMINALLY  RESPONSIBLE,  THE  COURT  MUST  ORDER  THAT  THE
 DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR
   (B)  IF  THERE  IS  NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
 COMMITTED A CRIME FOR WHICH A PERSON UNDER  THE  AGE  OF  SEVENTEEN,  OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN  IS  CRIMINALLY  RESPONSIBLE  BUT  THERE IS REASONABLE CAUSE TO
 BELIEVE THAT THE DEFENDANT IS A  "JUVENILE  DELINQUENT"  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST
 SPECIFY THE ACT OR ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFEND-
 ANT  DID  AND  DIRECT  THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN
 ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED  TWENTY-FIVE  OF
 THIS TITLE; OR
   (C)  IF  THERE  IS  NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
 COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY  COMPLAINT
 AND  DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR
 IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL.

 S. 2006                            79                            A. 3006
 
   4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION, A YOUTH PART SHALL, (A) WITH THE CONSENT OF THE DISTRICT ATTOR-
 NEY,  ORDER  REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF
 ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  TWO  OF  SECTION
 160.10  OF THE PENAL LAW AND A JUVENILE OFFENDER ACCUSED OF COMMITTING A
 VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL  LAW  AT
 AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, AT AGE SIXTEEN
 OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT CRIMINALLY
 RESPONSIBLE,  TO  THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE
 SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, AFTER CONSIDERATION  OF  THE
 FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT DETER-
 MINES  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 TITLE  IF,  UPON
 CONSIDERATION  OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
 VISION, IT IS DETERMINED THAT TO DO SO WOULD  BE  IN  THE  INTERESTS  OF
 JUSTICE.  WHERE,  HOWEVER,  THE  FELONY  COMPLAINT  CHARGES THE JUVENILE
 OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN  SECTION
 125.25  OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDI-
 VISION ONE OF SECTION 130.35 OF THE PENAL LAW; CRIMINAL  SEXUAL  ACT  IN
 THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE
 PENAL  LAW; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE
 AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 OF  THE
 PENAL  LAW; PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE
 PENAL LAW WHERE THE UNDERLYING CRIME IS RAPE IN  THE  FIRST  DEGREE,  AS
 DEFINED  IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW OR CRIMI-
 NAL SEXUAL ACT IN THE FIRST DEGREE, AS DEFINED  IN  SUBDIVISION  ONE  OF
 SECTION  130.50 OF THE PENAL LAW; OR AN ARMED FELONY AS DEFINED IN PARA-
 GRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF  THIS  CHAPTER,  A
 DETERMINATION  THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN
 ADDITION, BE BASED UPON A FINDING  OF  ONE  OR  MORE  OF  THE  FOLLOWING
 FACTORS: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER
 IN  WHICH  THE CRIME WAS COMMITTED; (II) WHERE THE DEFENDANT WAS NOT THE
 SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S PARTICIPATION  WAS  RELA-
 TIVELY  MINOR  ALTHOUGH  NOT  SO MINOR AS TO CONSTITUTE A DEFENSE TO THE
 PROSECUTION; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE CRIME.
   (C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A)  OR  (B)  OF
 THIS  SUBDIVISION  THE  COURT  SHALL,  TO THE EXTENT APPLICABLE, EXAMINE
 INDIVIDUALLY 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;

 S. 2006                            80                            A. 3006
 
   (VIII)  WHERE  THE  COURT  DEEMS  IT  APPROPRIATE, THE ATTITUDE OF THE
 COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
   (IX)  ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
 IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
   (D) FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER  TO  REMOVE  THE
 CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS
 NOT  LEGALLY  PRIVILEGED  MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES,
 HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM  OR  HER  IN  ANY
 FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE
 PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
   (E)  THIS  SECTION  SHALL  NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
 GRAND JURY.
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO, THREE,  OR  FOUR
 OF  THIS SECTION, IF A CURRENTLY UNDETERMINED FELONY COMPLAINT AGAINST A
 JUVENILE OFFENDER IS PENDING IN THE YOUTH PART, AND  THE  DEFENDANT  HAS
 NOT  WAIVED  A HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND A
 HEARING PURSUANT TO SUBDIVISION THREE HAS NOT COMMENCED,  THE  DEFENDANT
 MAY  MOVE  IN  THE YOUTH PART, TO REMOVE THE ACTION TO FAMILY COURT. THE
 PROCEDURAL RULES OF SUBDIVISIONS ONE AND TWO OF SECTION 210.45  OF  THIS
 CHAPTER  ARE  APPLICABLE  TO A MOTION PURSUANT TO THIS SUBDIVISION. UPON
 SUCH MOTION, THE SUPERIOR COURT SHALL PROCEED AND DETERMINE  THE  MOTION
 AS  PROVIDED  IN SECTION 210.43 OF THIS CHAPTER; PROVIDED, HOWEVER, THAT
 THE EXCEPTION PROVISIONS OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  SUCH
 SECTION  210.43  SHALL  NOT  APPLY WHEN THERE IS NOT REASONABLE CAUSE TO
 BELIEVE THAT THE JUVENILE OFFENDER COMMITTED ONE OR MORE OF  THE  CRIMES
 ENUMERATED  IN SUCH PARAGRAPH, AND IN SUCH EVENT THE PROVISIONS OF PARA-
 GRAPH (A) OF SUCH PARAGRAPH SHALL APPLY.
   § 2. The opening paragraph and subdivisions 2 and 3 of section  725.05
 of  the  criminal  procedure law, as added by chapter 481 of the laws of
 1978, are amended to read as follows:
   When a [court] YOUTH PART directs that an action or charge  is  to  be
 removed  to  the family court the [court] YOUTH PART must issue an order
 of removal in accordance with this section.    Such  order  must  be  as
 follows:
   2.    Where  the  direction is authorized pursuant to paragraph (b) of
 subdivision  [three]  TWO   of   section   [180.75]   725.20   of   this
 [chapter]ARTICLE,  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.
   § 3. Section 725.20 of the criminal procedure law, as added by chapter
 481  of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411
 of the laws of 1979, is amended to read as follows:
 § 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:

 S. 2006                            81                            A. 3006
 
   (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.
   §  4. The article heading of article 100 of the criminal procedure law
 is amended to read as follows:
                      COMMENCEMENT OF ACTION IN LOCAL
         CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                  CRIMINAL COURT] ACCUSATORY INSTRUMENTS
   § 5. The first undesignated paragraph of section 100.05 of the  crimi-
 nal procedure law is amended to read as follows:
   A  criminal action is commenced by the filing of an accusatory instru-
 ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER,  THE
 YOUTH  PART  OF THE SUPERIOR COURT, and if more than one such instrument
 is filed in  the  course  of  the  same  criminal  action,  such  action
 commences  when the first of such instruments is filed.  The only way in
 which a criminal action can be commenced in a superior court, OTHER THAN
 A CRIMINAL ACTION AGAINST A JUVENILE OFFENDER, is by the  filing  there-
 with  by a grand jury of an indictment against a defendant who has never
 been held by a local criminal court for the action of  such  grand  jury

 S. 2006                            82                            A. 3006
 
 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:
   §  6.  The  section heading and subdivision 5 of section 100.10 of the
 criminal procedure law are amended to read as follows:
   Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
 instruments; definitions thereof.
   5.  A "felony complaint" is a verified written accusation by a person,
 filed  with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT,
 charging one or more other persons with the commission of  one  or  more
 felonies.    It  serves  as  a  basis for the commencement of a criminal
 action, but not as a basis for prosecution thereof.
   § 7. The section heading of section 100.40 of the  criminal  procedure
 law is amended to read as follows:
   Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
 instruments; sufficiency on face.
   § 8. The criminal procedure law is amended by  adding  a  new  section
 100.60 to read as follows:
 §  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.
   §  9. The article heading of article 110 of the criminal procedure law
 is amended to read as follows:
                     REQUIRING DEFENDANT'S APPEARANCE
          IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                              FOR ARRAIGNMENT
   § 10. Section 110.10 of the criminal procedure law is amended to  read
 as follows:
 §  110.10  Methods of requiring defendant's appearance in local criminal
              court OR YOUTH PART OF THE SUPERIOR COURT for  arraignment;
              in general.
   1.  After  a  criminal  action  has been commenced in a local criminal
 court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
 instrument therewith, a defendant who has  not  been  arraigned  in  the
 action and has not come under the control of the court may under certain
 circumstances  be  compelled  or required to appear for arraignment upon
 such accusatory instrument by:
   (a)  The issuance and execution of a warrant of arrest, as provided in
 article one hundred twenty; or
   (b)  The issuance and service upon him of a summons,  as  provided  in
 article one hundred thirty; or
   (c)   Procedures provided in articles five hundred sixty, five hundred
 seventy, five hundred eighty, five hundred ninety and  six  hundred  for
 securing  attendance  of  defendants  in criminal actions who are not at
 liberty within the state.
   2.  Although no criminal action against a person has been commenced in
 any court, he may under certain circumstances be compelled  or  required
 to  appear  in  a local criminal court OR YOUTH PART OF A SUPERIOR COURT
 for arraignment upon an accusatory instrument to be filed  therewith  at
 or before the time of his appearance by:
   (a)    An  arrest  made  without a warrant, as provided in article one
 hundred forty; or

 S. 2006                            83                            A. 3006
 
   (b)  The issuance and service upon him of  an  appearance  ticket,  as
 provided in article one hundred fifty.
   §  11.  Section  110.20  of  the criminal procedure law, as amended by
 chapter 843 of the laws of 1980, is amended to read as follows:
 § 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.
   § 12. The opening paragraph of subdivision 1 of section 120.20 of  the
 criminal  procedure  law, as amended by chapter 506 of the laws of 2000,
 is amended to read as follows:
   When a criminal action has been commenced in a local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
 ry instrument, other than a simplified traffic  information,  against  a
 defendant who has not been arraigned upon such accusatory instrument and
 has not come under the control of the court with respect thereto:
   §  13. Section 120.30 of the criminal procedure law is amended to read
 as follows:
 § 120.30  Warrant of arrest; by what courts issuable and in what  courts
              returnable.
   1.  A warrant of arrest may be issued only by the local criminal court
 OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
 instrument has been filed, and it may be made returnable in such issuing
 court only.
   2.  The particular local criminal court or courts OR YOUTH PART OF THE
 SUPERIOR  COURT  with which any particular local criminal court OR YOUTH
 PART OF THE SUPERIOR COURT accusatory instrument may be  filed  for  the
 purpose  of  obtaining a warrant of arrest are determined, generally, by
 the provisions of section 100.55 OR 100.60 OF THIS TITLE. 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 accusatory instrument may be filed with the town court of
 any  adjoining town of the same county.  If such instrument may be filed
 pursuant to said section 100.55 with a particular village court and such
 village court is not available at the time, it may  be  filed  with  the
 town  court of the town embracing such village, or if such town court is
 not available either, with the town court of any adjoining town  of  the
 same county.
   §  14.  Section  120.55  of  the criminal procedure law, as amended by
 section 71 of subpart B of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
 § 120.55   Warrant of arrest; defendant under parole or probation super-
              vision.

 S. 2006                            84                            A. 3006
 
   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.
   § 15. Subdivision 1 of section 120.70 of the criminal procedure law is
 amended to read as follows:
   1.    A  warrant of arrest issued by a district court, by the New York
 City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
 court judge sitting as a local criminal court may be  executed  anywhere
 in the state.
   § 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure
 law,  subdivision  1  as  amended  by  chapter  492 of the laws of 2016,
 section 6 as amended by chapter 424 of the laws of 1998, are amended and
 a new subdivision 5-a is added to read as follows:
   1. Upon arresting a defendant for any offense pursuant to a warrant of
 arrest in the county in which  the  warrant  is  returnable  or  in  any
 adjoining  county,  or  upon so arresting him or her for a felony in any
 other county, a police officer, if he or she 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, provided that, where a local criminal court
 OR YOUTH PART OF THE SUPERIOR COURT in the county in which  the  warrant
 is  returnable  hereunder  is  operating  an  off-hours arraignment part
 designated in accordance  with  paragraph  (w)  of  subdivision  one  of
 section  two  hundred twelve of the judiciary law at the time of defend-
 ant's return, such police officer may bring the  defendant  before  such
 local criminal court OR YOUTH PART OF THE SUPERIOR COURT.
   5-A.  WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION,
 TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A  SUPERIOR  COURT
 IN  WHICH  A  WARRANT  OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT
 AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
 MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION  OF  THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   6.   Before bringing a defendant arrested pursuant to a warrant before
 the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
 warrant is returnable, a police officer must without  unnecessary  delay
 perform  all fingerprinting and other preliminary police duties required
 in the particular case. In any  case  in  which  the  defendant  is  not
 brought  by a police officer before such court but, following his arrest
 in another county for an offense specified in subdivision one of section
 160.10, is released by a local criminal court of such  other  county  on
 his  own  recognizance or on bail for his appearance on a specified date
 before the local criminal court before which the warrant is  returnable,
 the  latter  court  must,  upon  arraignment of the defendant before it,
 direct that he be fingerprinted by the appropriate  officer  or  agency,
 and  that he appear at an appropriate designated time and place for such
 purpose.

 S. 2006                            85                            A. 3006
 
   § 17. Subdivision 1 of section 130.10 of the criminal  procedure  law,
 as  amended  by  chapter  446 of the laws of 1993, is amended to read as
 follows:
   1. A summons is a process issued by a local criminal court directing a
 defendant  designated  in  an information, a prosecutor's information, a
 felony complaint or a misdemeanor complaint filed with such court, OR  A
 YOUTH  PART  OF  A  SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A
 FELONY COMPLAINT, or by a superior court directing  a  defendant  desig-
 nated  in  an indictment filed with such court, to appear before it at a
 designated future time in connection with  such  accusatory  instrument.
 The sole function of a summons is to achieve a defendant's court appear-
 ance  in a criminal action for the purpose of arraignment upon the accu-
 satory instrument by which such action was commenced.
   § 18. Section 130.30 of the criminal  procedure  law,  as  amended  by
 chapter 506 of the laws of 2000, is amended to read as follows:
 § 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.
   § 19. Paragraph (e) of subdivision 1 of section 140.20 of the criminal
 procedure  law  is  relettered  paragraph (f) and a new paragraph (e) is
 added to read as follows:
   (E) IF THE ARREST IS FOR A PERSON  UNDER  THE  AGE  OF  SEVENTEEN  OR,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   §  20.  Subdivision 6 of section 140.20 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   6.  Upon  arresting  a juvenile offender without a warrant, the police
 officer shall immediately notify the  parent  or  other  person  legally
 responsible  for  his  OR  HER care or the person with whom he OR SHE is
 domiciled, that  the  juvenile  offender  has  been  arrested,  and  the
 location of the facility where he OR SHE is being detained. IF THE OFFI-
 CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
 CHILD  UNDER  EIGHTEEN  YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
 JUVENILE OFFENDER AS DEFINED IN SECTION 30.00  OF  THE  PENAL  LAW,  THE
 OFFICER  MUST  TAKE  THE  JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
 ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTIONING  OF
 CHILDREN  OR,  UPON  THE  CONSENT  OF  A  PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO  THE  JUVENILE'S  RESIDENCE
 AND  THERE  QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
 NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS  THE  JUVE-

 S. 2006                            86                            A. 3006
 
 NILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
 IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   §  21.  Subdivision 2 of section 140.27 of the criminal procedure law,
 as amended by chapter 843 of the laws of 1980, is  amended  to  read  as
 follows:
   2.  Upon arresting a person without a warrant, a peace officer, except
 as  otherwise  provided  in  subdivision  three OR THREE-A, must without
 unnecessary delay bring him or cause him to be brought  before  a  local
 criminal  court,  as  provided  in section 100.55 and subdivision one of
 section 140.20, and must without unnecessary delay file or cause  to  be
 filed  therewith  an  appropriate accusatory instrument.  If the offense
 which is the subject of the arrest is one of those specified in subdivi-
 sion one of section 160.10, the arrested person  must  be  fingerprinted
 and  photographed as therein provided.  In order to execute the required
 post-arrest functions, such arresting peace  officer  may  perform  such
 functions  himself  or he may enlist the aid of a police officer for the
 performance thereof in the manner provided in subdivision one of section
 140.20.
   § 22. Section 140.27 of the  criminal  procedure  law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A.  IF  THE  ARREST  IS  FOR A PERSON UNDER THE AGE OF SEVENTEEN OR,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   § 23. Subdivision 5 of section 140.27 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:
   5.  Upon arresting a juvenile offender without a  warrant,  the  peace
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his care or the person with whom he OR SHE is domiciled,
 that the juvenile offender has been arrested, and the  location  of  the
 facility  where  he OR SHE is being detained.  IF THE OFFICER DETERMINES
 THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR  A  CHILD  UNDER
 EIGHTEEN  YEARS  OF  AGE  WHO  FITS  WITHIN THE DEFINITION OF A JUVENILE
 OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE  OFFICER  MUST
 TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
 THE  COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON
 THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
 OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION  HIM  OR
 HER  FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE QUESTIONED

 S. 2006                            87                            A. 3006

 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.
   §  24.  Subdivision 5 of section 140.40 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   5.    If  a  police  officer  takes an arrested juvenile offender into
 custody, the police officer shall immediately notify the parent or other
 person legally responsible for his OR HER care or the person  with  whom
 he  OR  SHE  is domiciled, that the juvenile offender has been arrested,
 and the location of the facility where he OR SHE is being detained.   IF
 THE  OFFICER  DETERMINES  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE
 OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF  AGE  WHO  FITS  WITHIN  THE
 DEFINITION  OF  A  JUVENILE  OFFENDER AS DEFINED IN SECTION 30.00 OF THE
 PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
 THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
 TIONING  OF  CHILDREN  OR,  UPON THE CONSENT OF A PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CARE OF  THE  JUVENILE,  TO  THE  JUVENILE'S
 RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
 A  JUVENILE  SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
 JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVI-
 SION, IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   §  25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the criminal
 procedure law are REPEALED.
   § 26. Subdivision 1 of section 180.75 of the criminal  procedure  law,
 as  added  by  chapter  481  of  the laws of 1978, is amended to read as
 follows:
   1. When a juvenile offender is  arraigned  before  [a  local  criminal
 court]  THE  YOUTH  PART  OF  A  SUPERIOR COURT, the provisions of [this
 section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in
 lieu of the provisions of sections 180.30, 180.50  and  180.70  of  this
 article.

 S. 2006                            88                            A. 3006
 
   §  27.  The opening paragraph of section 180.80 of the criminal proce-
 dure law, as amended by chapter 556 of the laws of 1982, is  amended  to
 read as follows:
   Upon  application  of  a defendant against whom a felony complaint has
 been filed with a local criminal court OR THE YOUTH PART OF  A  SUPERIOR
 COURT,  and who, since the time of his arrest or subsequent thereto, has
 been held in custody pending disposition of such felony  complaint,  and
 who  has  been  confined  in  such custody for a period of more than one
 hundred twenty hours or, in the event that a Saturday, Sunday  or  legal
 holiday  occurs during such custody, one hundred forty-four hours, with-
 out either a disposition of the felony complaint or  commencement  of  a
 hearing  thereon, the [local criminal] court must release him on his own
 recognizance unless:
   § 28. Subdivisions (a) and (b)  of  section  190.71  of  the  criminal
 procedure  law,  subdivision  (a) as amended by chapter 7 of the laws of
 2007 and subdivision (b) as added by chapter 481 of the  laws  of  1978,
 are amended to read as follows:
   (a)  Except  as  provided in subdivision six of section 200.20 of this
 chapter, a grand jury may not indict (i) a person thirteen years of  age
 for any conduct or crime other than conduct constituting a crime defined
 in  subdivisions  one  and  two  of section 125.25 (murder in the second
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
 [or], fifteen, SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 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 TWENTY,
 SEVENTEEN  YEARS  OF  AGE  FOR  ANY  CONDUCT OR CRIME OTHER THAN CONDUCT
 CONSTITUTING AN OFFENSE SET FORTH IN THE  VEHICLE  AND  TRAFFIC  LAW;  A
 VIOLENT  FELONY  DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT
 IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
 REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE  DEFENDANT  BE  EIGHTEEN
 YEARS  OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE
 PENAL LAW: SECTION 120.03 (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE);
 120.04  (VEHICULAR  ASSAULT  IN  THE FIRST DEGREE); 120.04-A (AGGRAVATED

 S. 2006                            89                            A. 3006
 
 VEHICULAR  ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE);  125.11
 (AGGRAVATED    CRIMINALLY   NEGLIGENT   HOMICIDE);   125.12   (VEHICULAR
 MANSLAUGHTER IN THE SECOND DEGREE); 125.13  (VEHICULAR  MANSLAUGHTER  IN
 THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15
 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN  THE  FIRST
 DEGREE);  125.21  (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22
 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL
 ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT  AGAINST  A
 CHILD  IN  THE  FIRST  DEGREE);  215.11 (TAMPERING WITH A WITNESS IN THE
 THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE  PERSON
 IS  TAMPERING  IS  ONE  FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE;
 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE
 CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS  ONE  FOR  WHICH
 SUCH  PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS
 IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE;  SUBDIVISION  ONE OF SECTION 215.52 (AGGRAVATED CRIMINAL CONTEMPT);
 130.95 (PREDATORY SEXUAL ASSAULT);  220.18  (CRIMINAL  POSSESSION  OF  A
 CONTROLLED  SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION
 OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF
 A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A
 CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A  MAJOR
 TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL
 POSSESSION  OF  A  CHEMICAL  WEAPON  OR A BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A
 BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS  CONSTITUTING  A  SPECIFIED
 OFFENSE  DEFINED  IN  SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW
 WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC-
 IFIED 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 RESPON-
 SIBLE.
   (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  TWENTY,  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 TWENTY, SEVEN-
 TEEN,  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.
   § 29. Subdivision 6 of section 200.20 of the criminal  procedure  law,
 as  added  by  chapter  136  of  the laws of 1980, is amended to read as
 follows:
   6. Where an indictment charges at least one offense against a  defend-
 ant  who was under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY
 FIRST, TWO THOUSAND TWENTY, 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:

 S. 2006                            90                            A. 3006
 
   (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.
   §  30.  The  opening  paragraph  of subdivision 1 and subdivision 5 of
 section 210.43 of the criminal procedure law, as added by chapter 411 of
 the laws of 1979, are amended to read as follows:
   After [a motion by a juvenile offender, pursuant to  subdivision  five
 of  section  180.75 of this chapter, or after] arraignment of a juvenile
 offender upon an indictment, the superior court may, on  motion  of  any
 party or on its own motion:
   [5.  a.  If the court orders removal of the action to family court, it
 shall state on the record the factor or factors upon which its  determi-
 nation  is  based,  and, the court shall give its reasons for removal in
 detail and not in conclusory terms.
   b.  The district attorney shall state upon the record the reasons  for
 his  consent  to removal of the action to the family court.  The reasons
 shall be stated in detail and not in conclusory terms.]
   § 31. Subparagraphs (i) and (iii) of paragraph (g) of subdivision 5 of
 section 220.10 of  the  criminal  procedure  law,  subparagraph  (i)  as
 amended  by  chapter  410  of the laws of 1979 and subparagraph (iii) as
 amended by chapter 264 of the laws of  2003,  are  amended  to  read  as
 follows:
   (i)  If  the  indictment  charges  a  person fourteen [or], fifteen OR
 SIXTEEN, OR COMMENCING JANUARY FIRST,  TWO  THOUSAND  TWENTY,  SEVENTEEN
 years  old  with  the  crime  of murder in the second degree any plea of
 guilty entered pursuant to subdivision three or four must be a  plea  of
 guilty of a crime for which the defendant is criminally responsible;
   (iii)  Where  the  indictment  does  not  charge  a crime specified in
 subparagraph (i) of this paragraph, the district attorney may  recommend
 removal  of the action to the family court. Upon making such recommenda-
 tion the district attorney shall submit a subscribed memorandum  setting
 forth:  (1) a recommendation that the interests of justice would best be
 served by removal of the action to the family  court;  and  (2)  if  the
 indictment  charges  a thirteen year old with the crime of murder in the
 second degree, or a fourteen [or],  fifteen  OR  SIXTEEN  YEAR  OLD,  OR
 COMMENCING  JANUARY  FIRST  TWO THOUSAND TWENTY, 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

 S. 2006                            91                            A. 3006

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

 S. 2006                            92                            A. 3006
 
 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 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 AUTHORIZE A JUVE-
 NILE TO BE DETAINED FOR A  VIOLATION  OF  A  CONDITION  THAT  WOULD  NOT
 CONSTITUTE  A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES
 (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC  SAFETY
 AND  STATES  THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE JUVE-
 NILE 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  JUVE-
 NILE BE RELEASED.
   §  34.  Subdivision 5 of section 410.70 of the criminal procedure law,
 as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
 follows:
   5.  Revocation;  modification;  continuation. (A) At the conclusion of
 the hearing the court may revoke, continue or  modify  the  sentence  of
 probation   or  conditional  discharge.  Where  the  court  revokes  the
 sentence, it must impose sentence as specified in subdivisions three and
 four of section 60.01 of the penal law. Where  the  court  continues  or
 modifies the sentence, it must vacate the declaration of delinquency and
 direct  that  the  defendant  be  released.  If the alleged violation is
 sustained and the court continues  or  modifies  the  sentence,  it  may
 extend the sentence up to the period of interruption specified in subdi-
 vision  two  of  section  65.15  of the penal law, but any time spent in
 custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
 pursuant  to  section 410.40 OR 410.60 of this article shall be credited
 against the term of the sentence.  Provided further, where  the  alleged
 violation is sustained and the court continues or modifies the sentence,
 the  court  may  also extend the remaining period of probation up to the
 maximum term authorized by section 65.00 of  the  penal  law.  Provided,
 however,  a  defendant shall receive credit for the time during which he
 or she was supervised under the original probation sentence prior to any
 declaration of delinquency and for any time spent in custody pursuant to
 this article for an alleged violation of probation.

 S. 2006                            93                            A. 3006

   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING IN THIS
 SECTION SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A
 CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF  COMMITTED  BY  AN  ADULT
 UNLESS THE COURT DETERMINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMI-
 NENT  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.
   § 35. The criminal procedure law is amended by adding  a  new  section
 410.90-a to read as follows:
 § 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.
   § 36. Section 510.15 of the criminal  procedure  law,  as  amended  by
 chapter  411 of the laws of 1979, subdivision 1 as designated and subdi-
 vision 2 as added by chapter 359 of the laws of 1980, is amended to read
 as follows:
 § 510.15  Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN.
   1. When a principal who is (A)  under  the  age  of  sixteen;  OR  (B)
 COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN A PRINCIPAL WHO IS UNDER
 THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST,
 TWO  THOUSAND  NINETEEN;  OR  (C) COMMENCING JANUARY FIRST, TWO THOUSAND
 TWENTY, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN  WHO  COMMITTED  AN
 OFFENSE  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, is committed to
 the custody of the sheriff the court must direct that the  principal  be
 taken  to  and  lodged  in  a place certified by the [state division for
 youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juvenile  detention
 facility  for the reception of children.  Where such a direction is made
 the sheriff shall deliver the principal in accordance therewith and such
 person shall although lodged and  cared  for  in  a  juvenile  detention
 facility  continue to be deemed to be in the custody of the sheriff.  No
 principal under the age [of sixteen] SPECIFIED to whom the provisions of
 this section may apply shall be detained in any prison, jail, lockup, or
 other place used for adults convicted of a crime  or  under  arrest  and
 charged  with  the  commission  of  a  crime without the approval of the
 [state division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES in the
 case of each principal and the statement of its reasons therefor.    The
 sheriff  shall  not  be liable for any acts done to or by such principal
 resulting from negligence in the detention of and care for such  princi-
 pal, when the principal is not in the actual custody of the sheriff.
   2.  Except  upon  consent of the defendant or for good cause shown, in
 any case in which a new securing order is issued for a principal  previ-
 ously  committed to the custody of the sheriff pursuant to this section,
 such order shall further direct the sheriff  to  deliver  the  principal
 from  a  juvenile detention facility to the person or place specified in
 the order.
   § 37. Subdivision 1 of section 720.10 of the criminal  procedure  law,
 as  amended  by  chapter  411 of the laws of 1979, is amended to read as
 follows:
   1. "Youth" means a person charged with a crime alleged  to  have  been
 committed  when  he  OR SHE was at least sixteen years old and less than
 [nineteen] TWENTY-ONE years old or a person charged with being  a  juve-

 S. 2006                            94                            A. 3006
 
 nile  offender  as  defined  in subdivision forty-two of section 1.20 of
 this chapter.
   § 38. Section 30.00 of the penal law, as amended by chapter 481 of the
 laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
 is amended to read as follows:
 § 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 TWENTY, A PERSON LESS THAN EIGH-
 TEEN 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 TWENTY, A PERSON SEVENTEEN
 years of age is criminally responsible for acts constituting  murder  in
 the  second  degree  as  defined  in subdivisions one and two of section
 125.25 and in subdivision three of such section provided that the under-
 lying crime for the murder charge is one for which such person is crimi-
 nally responsible or for such conduct as a  sexually  motivated  felony,
 where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
 CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN  YEARS  OF  AGE
 OR,  COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of
 age is criminally responsible for acts constituting the  crimes  defined
 in section 135.25 (kidnapping in the first degree); 150.20 (arson in the
 first  degree);  subdivisions  one and two of section 120.10 (assault in
 the first degree); 125.20 (manslaughter in the first  degree);  subdivi-
 sions one and two of section 130.35 (rape in the first degree); subdivi-
 sions  one  and  two of section 130.50 (criminal sexual act in the first
 degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
 (burglary  in  the  first  degree);  subdivision  one  of section 140.25
 (burglary in the second degree); 150.15 (arson in  the  second  degree);
 160.15  (robbery in the first degree); subdivision two of section 160.10
 (robbery in the second degree) of this chapter;  or  section  265.03  of
 this  chapter,  where  such  machine gun or such firearm is possessed on
 school grounds, as that phrase is defined  in  subdivision  fourteen  of
 section 220.00 of this chapter; or defined in this chapter as an attempt
 to commit murder in the second degree or kidnapping in the first degree,
 or  for  such  conduct  as a sexually motivated felony, where authorized
 pursuant to section 130.91 of [the penal law] THIS CHAPTER.
   3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS  CONSTITUTING  AN
 OFFENSE  SET  FORTH  IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUTING A
 VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUT-
 ING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS  A  CLASS  A  FELONY
 EXCEPTING  THOSE  CLASS  A  FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE
 OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS  OF  AGE  OR  OLDER;  ACTS
 CONSTITUTING  THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN
 THE SECOND DEGREE); 120.04 (VEHICULAR  ASSAULT  IN  THE  FIRST  DEGREE);
 120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
 HOMICIDE); 125.11 (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12
 (VEHICULAR   MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13  (VEHICULAR
 MANSLAUGHTER  IN  THE  FIRST  DEGREE);  125.14   (AGGRAVATED   VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED  MANSLAUGHTER  IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST  DEGREE);  130.75
 (COURSE  OF  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11
 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE  CRIMI-

 S. 2006                            95                            A. 3006
 
 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; SUBDIVISION ONE OF  SECTION
 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; 130.95 (PREDATORY SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION 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 CRIMI-
 NALLY RESPONSIBLE.
   4. In any prosecution for an offense, lack of criminal  responsibility
 by reason of infancy, as defined in this section, is a defense.
   §  39.  Subdivision 2 of section 60.02 of the penal law, as amended by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted  for  a conviction for any felony, AND THE
 PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER,  the  court  must  impose  a
 sentence  authorized  to be imposed upon a person convicted of a class E
 felony provided, however, that (A) the court must not impose a  sentence
 of  [conditional  discharge  or] unconditional discharge if the youthful
 offender finding was substituted for a conviction of a felony defined in
 article two hundred twenty of  this  chapter;  AND  (B)  NOTWITHSTANDING
 PARAGRAPH  (E)  OF  SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A
 TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE  SENTENCE
 OF  ONE  YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST
 BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST  INCLUDE,
 AS  A  PART  THEREOF, A PERIOD OF POST RELEASE SUPERVISION IN ACCORDANCE
 WITH SUBDIVISION TWO-B OF SECTION 70.45 OF  THIS  TITLE.  IN  ANY  CASE,
 WHERE  A  COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A
 SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH  IMPRISONMENT  TERM
 SHALL  NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT
 TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH  (D)  OF
 SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.  IF THE SENTENCE IS TO
 BE  IMPOSED  UPON A YOUTHFUL OFFENDER FINDING WHICH HAS BEEN SUBSTITUTED
 FOR A CONVICTION OF ANY FELONY, AND THE PERSON  IS  NINETEEN  OR  TWENTY
 YEARS  OF  AGE,  THE  COURT  MUST  SENTENCE  SUCH PERSON PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE APPLICABLE TO A PERSON WHOSE  CONVICTION  WAS
 NOT SUBSTITUTED BY A YOUTHFUL OFFENDER FINDING OF THE SAME OFFENSE.
   § 40. Section 60.10 of the penal law, as amended by chapter 411 of the
 laws of 1979, is amended to read as follows:

 S. 2006                            96                            A. 3006
 
 § 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  OF  THIS  CHAPTER or sentence [him] THE DEFENDANT upon a
 youthful offender finding in  accordance  with  section  60.02  of  this
 [chapter] ARTICLE.
   2. Subdivision one of this section shall apply when sentencing a juve-
 nile offender notwithstanding the provisions of any other law that deals
 with the authorized sentence for persons who are not juvenile offenders.
 Provided,  however, that the limitation prescribed by this section shall
 not be deemed or construed to bar use of  a  conviction  of  a  juvenile
 offender,  other  than  a  juvenile  offender who has been adjudicated a
 youthful offender pursuant to section 720.20 of the  criminal  procedure
 law,  as  a  previous  or predicate felony offender under section 70.04,
 70.06, 70.07, 70.08 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF  THIS
 CHAPTER,  when  sentencing a person who commits a felony after [he] SUCH
 PERSON has reached the age of [sixteen] SEVENTEEN AS OF  JANUARY  FIRST,
 TWO  THOUSAND  NINETEEN,  AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND
 TWENTY.
   § 40-a. Subdivision 5 of section 70.00 of the penal law, as amended by
 chapter 482 of the laws of 2009, is amended to read as follows:
   5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
 provision  of  law,  a  defendant sentenced to life imprisonment without
 parole shall not  be  or  become  eligible  for  parole  or  conditional
 release.  For  purposes of commitment and custody, other than parole and
 conditional release, such sentence shall be deemed to be  an  indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole  upon  conviction  for the crime of murder in the first degree as
 defined in section 125.27 of this chapter and  in  accordance  with  the
 procedures  provided  by  law  for imposing a sentence for such crime. A
 defendant WHO WAS EIGHTEEN YEARS OF AGE OR OLDER  AT  THE  TIME  OF  THE
 COMMISSION  OF  THE CRIME must be sentenced to life imprisonment without
 parole upon conviction for the crime of terrorism as defined in  section
 490.25  of  this  chapter,  where  the  specified  offense the defendant
 committed is a class A-I felony; the crime of criminal possession  of  a
 chemical  weapon  or biological weapon in the first degree as defined in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal weapon or biological weapon  in  the  first  degree  as  defined  in
 section  490.55 of this chapter; provided, however, that nothing in this
 subdivision shall preclude or prevent  a  sentence  of  death  when  the
 defendant  is  also convicted of the crime of murder in the first degree
 as defined in section 125.27 of this  chapter.    A  DEFENDANT  WHO  WAS
 SEVENTEEN  YEARS  OF AGE OR YOUNGER AT THE TIME OF THE COMMISSION OF THE
 CRIME MAY BE SENTENCED TO LIFE IMPRISONMENT UPON CONVICTION FOR A  CRIME
 OF  TERRORISM  AS  DEFINED  IN SECTION 490.25 OF THIS CHAPTER, WHERE THE
 SPECIFIED  OFFENSE  IS  A  CLASS  A-I  FELONY;  THE  CRIME  OF  CRIMINAL
 POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE
 AS  DEFINED  IN SECTION 490.45 OF THIS CHAPTER; OR THE CRIME OF CRIMINAL
 USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN  THE  FIRST  DEGREE  AS
 DEFINED IN SECTION 490.55 OF THIS CHAPTER. A defendant must be sentenced

 S. 2006                            97                            A. 3006
 
 to  life  imprisonment  without  parole upon conviction for the crime of
 murder in the second degree as defined in subdivision  five  of  section
 125.25  of this chapter or for the crime of aggravated murder as defined
 in subdivision one of section 125.26 of this chapter. A defendant may be
 sentenced  to  life  imprisonment without parole upon conviction for the
 crime of aggravated murder as defined  in  subdivision  two  of  section
 125.26 of this chapter.
   §  41.  Section 70.05 of the penal law, as added by chapter 481 of the
 laws of 1978, subdivision 1 as amended by chapter 615  of  the  laws  of
 1984,  paragraph  (e)  of  subdivision  2  as added and paragraph (c) of
 subdivision 3 as amended by chapter 435 of the laws of  1998,  paragraph
 (a)  of  subdivision 3 as amended by chapter 174 of the laws of 2003, is
 amended to read as follows:
 § 70.05 Sentence of imprisonment for juvenile offender.
   1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a
 JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE
 SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS
 DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE  AS  DEFINED
 BY  SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSU-
 ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF
 THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT  FOR  THE  CLASS
 A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen-
 der shall be an indeterminate sentence. When such a sentence is imposed,
 the  court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maxi-
 mum term in accordance with the provisions of subdivision  two  of  this
 section  [and the minimum period of imprisonment shall be as provided in
 subdivision three  of  this  section].  EXCEPT  AS  PROVIDED  HEREIN,  A
 SENTENCE  OF  IMPRISONMENT  FOR ANY OTHER FELONY COMMITTED BY A JUVENILE
 OFFENDER SHALL BE A  DETERMINATE  SENTENCE.  WHEN  SUCH  A  SENTENCE  IS
 IMPOSED,  THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF
 YEARS IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION  THREE  OF  THIS
 SECTION  AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE.    The
 court  shall  further  provide  that  where a juvenile offender is under
 placement pursuant to  article  three  of  the  family  court  act,  any
 sentence  imposed pursuant to this section which is to be served consec-
 utively with such placement shall be served  in  a  facility  designated
 pursuant  to  subdivision four of section 70.20 of this article prior to
 service of the placement in any previously designated facility.
   2. [Maximum term of] INDETERMINATE sentence. [The maximum term  of  an
 indeterminate  sentence  for a juvenile offender shall be at least three
 years and the term shall be fixed as follows:
   (a)] For the class A felony of murder in the second degree, the  MAXI-
 MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI-
 SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:
   (A)  WHERE  THE  DEFENDANT  WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH
 OFFENSE, OR WAS FOURTEEN OR FIFTEEN AT THE TIME OF SUCH OFFENSE AND  THE
 SENTENCE  IS  FOR  AN  OFFENSE SPECIFIED IN SUBDIVISION THREE OF SECTION
 125.25 OF THIS CHAPTER, THE MINIMUM PERIOD OF IMPRISONMENT SHALL  BE  AT
 LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS;
   (B) EXCEPT AS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE
 DEFENDANT  WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS
 OLD, AND, COMMENCING JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  WHERE  THE
 DEFENDANT  WAS  AT LEAST FOURTEEN YEARS OLD BUT LESS THAN EIGHTEEN YEARS
 OLD AT THE TIME OF SUCH OFFENSE,  THE  MINIMUM  PERIOD  OF  IMPRISONMENT

 S. 2006                            98                            A. 3006
 
 SHALL  BE AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT EXCEED FIFTEEN
 YEARS.
   [(b)]  3. DETERMINATE SENTENCE. (A) For the class A felony of arson in
 the first degree, or for the class A felony of kidnapping in  the  first
 degree the DETERMINATE term shall be fixed by the court, and shall be at
 least [twelve] FOUR years but shall not exceed fifteen years;
   [(c)] (B)(I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH,  for a class B felony, the DETERMINATE term shall be fixed by the
 court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed  [ten]  SEVEN
 years;
   (II)  FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
 ARTICLE, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANU-
 ARY FIRST, TWO THOUSAND TWENTY,  WHERE  THE  DEFENDANT  WAS  SIXTEEN  OR
 SEVENTEEN  YEARS  OLD  AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM
 SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST FIVE YEARS BUT  SHALL
 NOT EXCEED TWENTY YEARS; PROVIDED, HOWEVER, THAT WHERE THE COURT, HAVING
 REGARD  TO  THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY
 AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDU-
 LY HARSH TO IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN FIVE YEARS AND
 NO MORE THAN TWENTY-FIVE YEARS,  THE  COURT  MAY  IMPOSE  A  DETERMINATE
 SENTENCE OF NO LESS THAN ONE YEAR AND NO MORE THAN SEVEN YEARS;
   (III) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
 ARTICLE,  WHERE  THE  DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE
 TIME OF SUCH OFFENSE THE DETERMINATE TERM SHALL BE FIXED BY  THE  COURT,
 AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED SEVEN YEARS;
   [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by
 the  court,  and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven]
 FIVE years; and
   [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by
 the court, and shall BE AT LEAST ONE YEAR BUT SHALL  not  exceed  [four]
 THREE years; AND
   (E)  FOR  A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD,
 AND COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.]
   4.  A  SENTENCE  IMPOSED FOR A MISDEMEANOR OR VIOLATION COMMITTED BY A
 JUVENILE OFFENDER SHALL BE IN ACCORDANCE  WITH  SECTION  70.15  OF  THIS
 CHAPTER.

 S. 2006                            99                            A. 3006
 
   §  42.  Subdivision 1 of section 70.20 of the penal law, as amended by
 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1.  [(a)] Indeterminate or determinate sentence. Except as provided in
 subdivision four of this section, when an indeterminate  or  determinate
 sentence  of imprisonment is imposed, the court shall commit the defend-
 ant to the custody of the state department of corrections and  community
 supervision  for  the  term of his or her sentence and until released in
 accordance with the law; provided, however, that a  defendant  sentenced
 pursuant to subdivision seven of section 70.06 shall be committed to the
 custody of the state department of corrections and community supervision
 for immediate delivery to a reception center operated by the department.
   [(b) The court in committing a defendant who is not yet eighteen years
 of  age to the department of corrections and community supervision shall
 inquire as to whether the parents or legal guardian of the defendant, if
 present, will grant to the minor the  capacity  to  consent  to  routine
 medical, dental and mental health services and treatment.
   (c) Notwithstanding paragraph (b) of this subdivision, where the court
 commits  a defendant who is not yet eighteen years of age to the custody
 of the department of corrections and community supervision in accordance
 with this section and no medical consent has been obtained prior to said
 commitment, the commitment order shall be deemed to grant  the  capacity
 to  consent  to  routine  medical, dental and mental health services and
 treatment to the person so committed.
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian of an inmate who is not yet eighteen years of  age  from  making  a
 motion  on  notice to the department of corrections and community super-
 vision pursuant to article twenty-two of  the  civil  practice  law  and
 rules  and section one hundred forty of the correction law, objecting to
 routine medical, dental or mental health services  and  treatment  being
 provided  to  such  inmate under the provisions of paragraph (b) of this
 subdivision.
   (e) Nothing in this section shall require  that  consent  be  obtained
 from  the  parent  or  legal  guardian, where no consent is necessary or
 where the defendant is authorized by law to consent on his  or  her  own
 behalf to any medical, dental, and mental health service or treatment.]
   §  43.  Subdivision 2 of section 70.20 of the penal law, as amended by
 chapter 437 of the laws of 2013, is amended to read as follows:
   2. [(a)] Definite sentence. Except as provided in subdivision four  of
 this  section,  when a definite sentence of imprisonment is imposed, the
 court shall commit the defendant to the county or regional  correctional
 institution  for  the term of his sentence and until released in accord-
 ance with the law.
   [(b) The court in committing a defendant who is not yet eighteen years
 of age to the local correctional facility shall inquire  as  to  whether
 the  parents  or legal guardian of the defendant, if present, will grant
 to the minor the capacity to consent  to  routine  medical,  dental  and
 mental health services and treatment.
   (c) Nothing in this subdivision shall preclude a parent or legal guar-
 dian  of  an  inmate  who is not yet eighteen years of age from making a
 motion on notice to the local correction facility  pursuant  to  article
 twenty-two  of  the civil practice law and rules and section one hundred
 forty of the correction law, objecting to  routine  medical,  dental  or
 mental health services and treatment being provided to such inmate under
 the provisions of paragraph (b) of this subdivision.]

 S. 2006                            100                           A. 3006
 
   §  44.  Paragraph  (a)  of subdivision 4 of section 70.20 of the penal
 law, as amended by section 124 of subpart B of part C of chapter  62  of
 the  laws of 2011, is amended and two new paragraphs (a-1) and (a-2) are
 added to read as follows:
   (a)  Notwithstanding  any  other  provision  of law to the contrary, a
 juvenile offender[,] or a juvenile offender who is adjudicated a  youth-
 ful  offender  [and],  WHO  IS  given  an  indeterminate  or  a definite
 sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC-
 ING, shall be committed to the custody of the commissioner of the office
 of children and family services who shall arrange for the confinement of
 such offender in [secure] facilities  of  the  office.  The  release  or
 transfer  of  such  offenders  from  the  office  of children and family
 services shall be governed by section five hundred eight of  the  execu-
 tive  law.  IF  THE  JUVENILE  OFFENDER IS CONVICTED OR, IF THE JUVENILE
 OFFENDER WHO IS ADJUDICATED A YOUTHFUL  OFFENDER  IS  CONVICTED  AND  IS
 TWENTY-ONE  YEARS  OF  AGE OR OLDER AT THE TIME OF SENTENCING, HE OR SHE
 SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION.
   (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
 PERSON  SIXTEEN  YEARS  OF  AGE  WHO  COMMITS  A VEHICLE AND TRAFFIC LAW
 OFFENSE THAT DOES NOT CONSTITUTE A JUVENILE OFFENDER OFFENSE ON OR AFTER
 JANUARY FIRST, TWO THOUSAND NINETEEN AND A PERSON SEVENTEEN YEARS OF AGE
 WHO COMMITS SUCH AN OFFENSE ON OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY  WHO  IS SENTENCED TO A TERM OF IMPRISONMENT WHO IS UNDER THE AGE
 OF TWENTY-ONE AT THE TIME HE OR SHE IS SENTENCED SHALL BE  COMMITTED  TO
 THE  CUSTODY  OF  THE  COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES WHO SHALL ARRANGE CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF
 THE OFFICE.
   (A-2) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 COMMENCING  JANUARY  FIRST,  TWO THOUSAND TWENTY, A PERSON WHO IS IN THE
 CUSTODY OF, OR IS COMMITTED TO, THE DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION WHO IS UNDER THE AGE  OF  EIGHTEEN  SHALL,  WITHIN  THE
 DISCRETION  OF  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
 AND THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  SUBJECT  TO  AVAILABLE
 CAPACITY, AND WHEN CONSISTENT WITH THE PERSON'S CIRCUMSTANCES, BE TRANS-
 FERRED  TO THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF  SUCH  OFFENDER
 IN  FACILITIES  OF  THE  OFFICE.  THE  PLACEMENT FACILITY AND RELEASE OR
 TRANSFER OF SUCH OFFENDERS  FROM  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL  BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECU-
 TIVE LAW.
   § 44-a. Paragraph (f) of subdivision 1 of section 70.30 of  the  penal
 law, as added by chapter 481 of the laws of 1978 and relettered by chap-
 ter 3 of the laws of 1995, is amended to read as follows:
   (f)  [The aggregate maximum term of consecutive sentences imposed upon
 a juvenile offender for two or more crimes,  not  including  a  class  A
 felony, committed before he has reached the age of sixteen, shall, if it
 exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
 nate sentences imposed upon a juvenile offender include a  sentence  for
 the class A felony of arson in the first degree or for the class A felo-
 ny of kidnapping in the first degree, then the aggregate maximum term of
 such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
 fifteen years. Where the aggregate maximum term of two or  more  consec-
 utive  sentences is reduced by a calculation made pursuant to this para-
 graph, the aggregate minimum period of imprisonment, if it exceeds  one-
 half  of the aggregate maximum term as so reduced, shall be deemed to be

 S. 2006                            101                           A. 3006

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

 S. 2006                            102                           A. 3006
 
   § 44-b. Section 70.45 of the penal law is  amended  by  adding  a  new
 subdivision 2-b to read as follows:
   2-B.  PERIODS  OF  POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND
 YOUTHFUL OFFENDERS. (A) THE PERIOD OF  POST-RELEASE  SUPERVISION  FOR  A
 DETERMINATE  SENTENCE  IMPOSED  UPON  A  YOUTHFUL OFFENDER OR A JUVENILE
 OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE  COURT  AT
 ONE YEAR.
   (B)  THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE
 IMPOSED UPON A JUVENILE OFFENDER NOT  ADJUDICATED  A  YOUTHFUL  OFFENDER
 MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
   (I)  SUCH  PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF
 IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY
 OFFENSE;
   (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR  NOR  MORE  THAN  TWO
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
 CONVICTION OF A CLASS C FELONY OFFENSE;
   (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN  THREE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
 CONVICTION OF A CLASS B FELONY OFFENSE;  PROVIDED,  HOWEVER,  THAT  SUCH
 PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FOUR YEARS WHENEVER
 A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A
 CLASS  B  VIOLENT  FELONY  OFFENSE  WHERE THE DEFENDANT WAS SIXTEEN, AND
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, SEVENTEEN  YEARS  OLD  AT
 THE TIME OF THE OFFENSE; AND
   (IV)  SUCH  PERIOD  SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE
 YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON  A
 CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS
 DEFINED  BY  SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED
 BY SECTION 135.25 OF THIS CHAPTER,  AND  A  FIVE-YEAR  PERIOD  SHALL  BE
 IMPOSED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI-
 NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR  ANY  OTHER  CLASS  A
 FELONY.
   §  45. Subdivision 18 of section 10.00 of the penal law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   18. "Juvenile offender" means (1) a person thirteen years old  who  is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law; and] THIS CHAPTER;
   (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING
 JANUARY FIRST, TWO THOUSAND TWENTY, SEVENTEEN years old who is criminal-
 ly 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  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

 S. 2006                            103                           A. 3006
 
 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  TWEN-
 TY,  SEVENTEEN  YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
 TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI-
 TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS  CHAPTER;  ACTS
 CONSTITUTING  ANY  CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A
 FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT  OF
 THE  OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS
 CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT  IN
 THE  SECOND  DEGREE);  120.04  (VEHICULAR  ASSAULT IN THE FIRST DEGREE);
 120.04-A (AGGRAVATED VEHICULAR ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT
 HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY  NEGLIGENT HOMICIDE); 125.12
 (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13   (VEHICULAR
 MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
 (TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
 NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE  FOR  WHICH  SUCH
 PERSON  IS  CRIMINALLY  RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
 THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING  IN  WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  SECOND
 DEGREE);  220.43  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE); 220.77 (OPERATING AS A MAJOR  TRAFFICKER);  460.22  (AGGRAVATED
 ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
 OR  A  BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
 CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN  THE  SECOND  DEGREE);  490.55
 (CRIMINAL  USE  OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE  DEFINED  IN  SUBDIVISION
 TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY 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  FOUR  HUNDRED
 NINETY  OF  THIS  CHAPTER;  AND  ACTS  CONSTITUTING A CRIME SET FORTH IN
 SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED  THAT  THE
 UNDERLYING  CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON
 IS CRIMINALLY RESPONSIBLE.
   § 46. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42. "Juvenile offender" means (1) a person, thirteen years old who  is
 criminally responsible for acts constituting murder in the second degree
 as  defined  in  subdivisions one and two of section 125.25 of the penal
 law, or such conduct as a sexually motivated  felony,  where  authorized
 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
 [or],  fifteen  OR  SIXTEEN  YEARS OLD, OR COMMENCING JANUARY FIRST, TWO

 S. 2006                            104                           A. 3006
 
 THOUSAND TWENTY, SEVENTEEN years old who is criminally  responsible  for
 acts  constituting  the  crimes  defined  in subdivisions one and two of
 section 125.25 (murder in the second degree) and in subdivision three of
 such section provided that the underlying crime for the murder charge is
 one  for  which  such  person  is criminally responsible; section 135.25
 (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
 subdivisions  one  and  two  of  section  120.10  (assault  in the first
 degree); 125.20 (manslaughter in the first degree); subdivisions one and
 two of section 130.35 (rape in the first degree); subdivisions  one  and
 two  of section 130.50 (criminal sexual act in the first degree); 130.70
 (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
 first degree); subdivision one of section 140.25 (burglary in the second
 degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
 first degree); subdivision two of section 160.10 (robbery in the  second
 degree) of the penal law; or section 265.03 of the penal law, where such
 machine  gun  or  such  firearm  is possessed on school grounds, as that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law; or defined in the penal law as an attempt to commit murder  in  the
 second  degree  or  kidnapping in the first degree, or such conduct as a
 sexually motivated felony, where authorized pursuant to  section  130.91
 of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
 TWO  THOUSAND  TWENTY,  A  PERSON  SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
 CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
 VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN  SECTION  70.02  OF
 THE  PENAL  LAW;  ACTS  CONSTITUTING  ANY CRIME IN THE PENAL LAW THAT IS
 CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS  A  FELONIES  WHICH
 REQUIRE,  AS  AN  ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
 YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED  IN  SECTION
 120.03  (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE); 120.04 (VEHICULAR
 ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED  VEHICULAR  ASSAULT);
 125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.13  (VEHICULAR  MANSLAUGHTER  IN THE FIRST DEGREE); 125.14
 (AGGRAVATED VEHICULAR HOMICIDE);  125.15  (MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.20  (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED
 MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED  MANSLAUGHTER  IN
 THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE);
 130.75  (COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE);
 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT  THE
 CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
 SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A  WITNESS
 IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-

 S. 2006                            105                           A. 3006
 
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED  AS
 A  SEXUALLY  MOTIVATED  FELONY;  ACTS  CONSTITUTING  A SPECIFIED OFFENSE
 DEFINED  IN  SUBDIVISION  THREE  OF SECTION 490.05 OF THE PENAL LAW WHEN
 COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED  IN
 ARTICLE  FOUR  HUNDRED  NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A
 CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION  105.15
 OF  THE  PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY
 CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
   § 47. Subdivision 1 of section 500-a of the correction law is  amended
 by adding a new paragraph (h) to read as follows:
   (H)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW COMMENCING JANUARY
 FIRST, TWO THOUSAND NINETEEN, NO COUNTY  JAIL  SHALL  BE  USED  FOR  THE
 CONFINEMENT  OF  ANY  PERSON UNDER THE AGE OF SEVENTEEN WHO IS SENTENCED
 FOR AN OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO  THOUSAND  NINE-
 TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, NO COUNTY JAIL
 SHALL  BE  USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGH-
 TEEN WHO IS SENTENCED FOR AN  OFFENSE  COMMITTED  ON  OR  AFTER  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY.    PLACEMENT OF ANY PERSON WHO MAY NOT BE
 CONFINED TO A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL  BE  DETER-
 MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   §  48.  The  criminal procedure law is amended by adding a new section
 160.59 to read as follows:
 § 160.59 SEALING OF CERTAIN CONVICTIONS.
   1. DEFINITIONS: AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS;
   (A)  "ELIGIBLE  OFFENSE"  SHALL  MEAN ANY CRIME DEFINED IN THE LAWS OF
 THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
 TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE  TWO  HUNDRED  SIXTY-
 THREE  OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
 TWENTY-FIVE OF THE PENAL  LAW,  A  VIOLENT  FELONY  OFFENSE  DEFINED  IN
 SECTION  70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE
 PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE  OF  THE
 PENAL  LAW  WHERE THE  UNDERLYING OFFENSE IS NOT AN ELIGIBLE OFFENSE, AN
 ATTEMPT TO COMMIT AN OFFENSE THAT IS NOT  AN  ELIGIBLE  OFFENSE  IF  THE
 ATTEMPT  IS  A  FELONY,  OR  AN  OFFENSE FOR WHICH REGISTRATION AS A SEX
 OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
   (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE  WHO  PRONOUNCED  SENTENCE
 UPON  THE  CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER
 SITTING IN A COURT IN THE  JURISDICTION  IN  WHICH  THE  CONVICTION  WAS
 OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
 JUDGMENT OF CONVICTION WAS ENTERED.
   2.  (A)  A  DEFENDANT  WHO  HAS  BEEN  CONVICTED OF UP TO TWO ELIGIBLE
 OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT  IN
 WHICH  HE  OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH
 CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH  THE  SAME  CLASSI-
 FICATION,  THE  APPLICATION  SHALL  BE  MADE  TO  THE COURT IN WHICH THE
 DEFENDANT WAS LAST CONVICTED.
   (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO-
 SITION OR OTHER SIMILAR DOCUMENTATION FOR  ANY  OFFENSE  FOR  WHICH  THE
 DEFENDANT  HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE
 OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT  OF  THE
 DEFENDANT  AS  TO  WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE,
 ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A  COPY
 OF  ANY  OTHER SUCH APPLICATION THAT HAS BEEN FILED; (IV) A SWORN STATE-
 MENT AS TO THE CONVICTION OR  CONVICTIONS  FOR  WHICH  RELIEF  IS  BEING

 S. 2006                            106                           A. 3006
 
 SOUGHT; AND (V) A SWORN STATEMENT OF THE REASON OR REASONS WHY THE COURT
 SHOULD, IN ITS DISCRETION, GRANT SUCH SEALING, ALONG WITH ANY SUPPORTING
 DOCUMENTATION.
   (C)  A  COPY  OF ANY APPLICATION FOR SUCH SEALING SHALL BE SERVED UPON
 THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION, OR, IF MORE
 THAN ONE, THE CONVICTIONS, WAS OR WERE OBTAINED.  THE DISTRICT  ATTORNEY
 SHALL  NOTIFY  THE  COURT WITHIN FORTY-FIVE DAYS IF HE OR SHE OBJECTS TO
 THE APPLICATION FOR SEALING.
   (D) WHEN SUCH APPLICATION  IS  FILED  WITH  THE  COURT,  IT  SHALL  BE
 ASSIGNED  TO  THE  SENTENCING  JUDGE UNLESS MORE THAN ONE APPLICATION IS
 FILED IN WHICH CASE THE APPLICATION SHALL  BE  ASSIGNED  TO  THE  COUNTY
 COURT  OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT IS
 LOCATED, WHO SHALL REQUEST AND RECEIVE FROM  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  A  FINGERPRINT  BASED  CRIMINAL HISTORY RECORD OF THE
 DEFENDANT, INCLUDING ANY SEALED OR SUPPRESSED RECORDS. THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY REPORT,
 IF ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY  CRIMINAL
 HISTORY  INFORMATION  THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION
 IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU
 OF INVESTIGATION FOR THIS PURPOSE, AND TO MAKE SUCH  INFORMATION  AVAIL-
 ABLE  TO  THE  COURT,  WHICH  MAY MAKE THIS INFORMATION AVAILABLE TO THE
 DISTRICT ATTORNEY AND THE DEFENDANT.
   3. THE SENTENCING JUDGE, OR COUNTY OR SUPREME  COURT  SHALL  SUMMARILY
 DENY THE DEFENDANT'S APPLICATION WHEN:
   (A)  THE  DEFENDANT IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT
 TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
   (B) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
 NUMBER  OF  CONVICTIONS  ALLOWABLE  UNDER SECTION 160.58 OF THE CRIMINAL
 PROCEDURE LAW; OR
   (C) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
 NUMBER  OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS SECTION;
 OR
   (D) THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION  HAS
 NOT YET BEEN SATISFIED; OR
   (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR
   (F)  THE  DEFENDANT  WAS  CONVICTED OF ANY CRIME AFTER THE DATE OF THE
 ENTRY OF JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING  IS  SOUGHT;
 OR
   (G)  THE  DEFENDANT  HAS FAILED TO PROVIDE THE COURT WITH THE REQUIRED
 SWORN STATEMENT OF THE REASONS WHY THE COURT  SHOULD  GRANT  THE  RELIEF
 REQUESTED; OR
   (H)  THE  DEFENDANT HAS BEEN CONVICTED OF TWO OR MORE FELONIES OR MORE
 THAN TWO CRIMES.
   4. PROVIDED THAT THE APPLICATION  IS  NOT  SUMMARILY  DENIED  FOR  THE
 REASONS  SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT WHO
 STANDS CONVICTED OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN  SEALING  OF
 NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
   5.  ANY  ELIGIBLE  OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS
 HAVE PASSED SINCE THE IMPOSITION OF  THE  SENTENCE  ON  THE  DEFENDANT'S
 LATEST  CONVICTION  OR,  IF  THE  DEFENDANT WAS SENTENCED TO A PERIOD OF
 INCARCERATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED  IN  CONJUNC-
 TION  WITH  A SENTENCE OF PROBATION, THE DEFENDANT'S LATEST RELEASE FROM
 INCARCERATION.  IN CALCULATING THE TEN YEAR PERIOD UNDER  THIS  SUBDIVI-
 SION,  ANY  PERIOD  OF  TIME  THE DEFENDANT SPENT INCARCERATED AFTER THE
 CONVICTION FOR WHICH THE APPLICATION FOR SEALING  IS  SOUGHT,  SHALL  BE

 S. 2006                            107                           A. 3006
 
 EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
 ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
   6.  UPON  DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY
 DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
 CATION IS OPPOSED BY THE DISTRICT  ATTORNEY,  THE  SENTENCING  JUDGE  OR
 COUNTY  OR  SUPREME  COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN
 ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY  THAT  WOULD  AID
 THE  SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS
 OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF  THE  DISTRICT
 ATTORNEY  DOES  NOT OPPOSE THE APPLICATION, HOWEVER THE COURT MAY HOLD A
 HEARING AT ITS DISCRETION.
   7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
 OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT  NOT
 LIMITED TO:
   (A)  THE  AMOUNT  OF  TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST
 CONVICTION;
   (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE  OFFENSE  FOR  WHICH  THE
 DEFENDANT IS SEEKING RELIEF, INCLUDING WHETHER THE ARREST CHARGE WAS NOT
 AN ELIGIBLE OFFENSE;
   (C)  THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
 THE DEFENDANT STANDS CONVICTED;
   (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY  MEASURES  THAT  THE
 DEFENDANT  HAS  TAKEN  TOWARD  REHABILITATION,  SUCH AS PARTICIPATING IN
 TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING  IN  COMMUNITY
 SERVICE OR OTHER VOLUNTEER PROGRAMS;
   (E)  ANY  STATEMENTS  MADE  BY THE VICTIM OF THE OFFENSE FOR WHICH THE
 DEFENDANT IS SEEKING RELIEF;
   (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
 BILITATION AND UPON HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
 REINTEGRATION INTO SOCIETY; AND
   (G)  THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
 UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.
   8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME COURT  ORDERS  SEALING
 PURSUANT  TO  THIS  SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO
 THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, INCLUDING ALL DUPLICATES AND
 COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
 OR  ANY  COURT  SHALL  BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR
 PUBLIC OR PRIVATE AGENCY EXCEPT AS PROVIDED FOR IN SUBDIVISION  NINE  OF
 THIS  SECTION;  PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
 PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE  SAME.  THE
 CLERK  OF  SUCH  COURT  SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
 DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS  THAT  SHALL
 BE  SEALED  PURSUANT  TO  THIS  SECTION. THE CLERK ALSO SHALL NOTIFY ANY
 COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO  PARAGRAPH  (B)  OF
 SUBDIVISION  TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
 FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.
   9. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
   (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
   (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
 EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
 LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
 ENFORCEMENT DUTIES; OR
   (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
 ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
 TION FOR SUCH A LICENSE; OR

 S. 2006                            108                           A. 3006
 
   (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
 THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
 SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
 PERSON  WHO  IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
 OFFICER SHALL BE FURNISHED WITH A COPY OF  ALL  RECORDS  OBTAINED  UNDER
 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
 TO; OR
   (E)  THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL
 BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING  TO  QUERIES  TO
 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
 TO  PURCHASE  OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18
 USC 921 (A) (3).
   10. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS  INCLUDED
 WITHIN  THE  DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
 PROCEEDING IN WHICH THE FACT OF  A  PRIOR  CONVICTION  WOULD  ENHANCE  A
 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
   11.  NO  DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE  OR  ANY  AGREEMENT  RELATED  TO  A  CONVICTION FOR AN ELIGIBLE
 OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY ENFORCEABLE.
   § 48-a. Subdivision 16 of section 296 of the executive law,  as  sepa-
 rately  amended  by  section  3  of part N and section 14 of part AAA of
 chapter 56 of the laws of 2009, is amended to read as follows:
   16. It shall be an unlawful discriminatory  practice,  unless  specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
 involved, any arrest or criminal accusation of such individual not  then
 pending  against  that individual which was followed by a termination of
 that criminal action or proceeding  in  favor  of  such  individual,  as
 defined  in  subdivision two of section 160.50 of the criminal procedure
 law, or by a youthful offender adjudication, as defined  in  subdivision
 one  of section 720.35 of the criminal procedure law, or by a conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure law or by a conviction which is sealed pursuant to  section  160.59
 OR  160.58 of the criminal procedure law, in connection with the licens-
 ing, employment or providing of credit or insurance to such  individual;
 provided,  further, that no person shall be required to divulge informa-
 tion pertaining to any arrest or criminal accusation of such  individual
 not  then pending against that individual which was followed by a termi-
 nation of that criminal action or proceeding in favor of  such  individ-
 ual,  as  defined  in  subdivision two of section 160.50 of the criminal
 procedure law, or by a youthful offender  adjudication,  as  defined  in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction  for  a  violation  sealed  pursuant to section 160.55 of the
 criminal procedure law, or by a conviction which is sealed  pursuant  to
 section  160.58  OR 160.59 of the criminal procedure law. The provisions
 of this subdivision shall not  apply  to  the  licensing  activities  of
 governmental  bodies in relation to the regulation of guns, firearms and
 other deadly weapons or in relation to an application for employment  as
 a police officer or peace officer as those terms are defined in subdivi-
 sions  thirty-three  and  thirty-four  of  section  1.20 of the criminal
 procedure law; provided further that the provisions of this  subdivision
 shall  not  apply  to an application for employment or membership in any

 S. 2006                            109                           A. 3006
 
 law enforcement agency with respect to any arrest or criminal accusation
 which was followed by a youthful offender adjudication,  as  defined  in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction  for  a  violation  sealed  pursuant to section 160.55 of the
 criminal procedure law, or by a conviction which is sealed  pursuant  to
 section 160.58 OR 160.59 of the criminal procedure law.
   §  49.  Subdivision 3 of section 720.15 of the criminal procedure law,
 as amended by chapter 774 of the laws of 1985, is  amended  to  read  as
 follows:
   3.  The provisions of subdivisions one and two of this section requir-
 ing or authorizing the accusatory instrument filed against a youth to be
 sealed, and the arraignment and all proceedings  in  the  action  to  be
 conducted in private shall not apply in connection with a pending charge
 of  committing  any [felony] offense [as] defined in ARTICLE ONE HUNDRED
 THIRTY OR TWO HUNDRED SIXTY-THREE OF the penal law. [The  provisions  of
 subdivision  one  requiring  the  accusatory  instrument filed against a
 youth to be sealed shall not apply where such youth has previously  been
 adjudicated a youthful offender or convicted of a crime.]
   §  50.  Subdivision 1 of section 720.20 of the criminal procedure law,
 as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
 follows:
   1.   Upon conviction of an eligible youth, the court must order a pre-
 sentence investigation of the defendant.   After receipt  of  a  written
 report  of the investigation and at the time of pronouncing sentence the
 court must determine whether or not the eligible  youth  is  a  youthful
 offender.   Such determination shall be in accordance with the following
 criteria:
   (a)  If in the opinion of the court the interest of justice  would  be
 served  by  relieving  the  eligible  youth  from the onus of a criminal
 record and by not imposing an indeterminate term of imprisonment of more
 than four years, the court may, in its  discretion,  find  the  eligible
 youth is a youthful offender; [and]
   (b)    Where  the  conviction is had in a local criminal court and the
 eligible youth had not prior to commencement of trial or entry of a plea
 of guilty been convicted of a crime or found a  youthful  offender,  the
 court must find he is a youthful offender[.]; AND
   (C)  THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
 AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN  CONVICTED  AND  SENTENCED
 FOR  A  FELONY,  UNLESS  THE DISTRICT ATTORNEY UPON MOTION WITH NOT LESS
 THAN SEVEN DAYS' NOTICE TO SUCH PERSON OR HIS  OR  HER  ATTORNEY  DEMON-
 STRATES  TO  THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE
 REQUIRES OTHERWISE.
   § 51. Intentionally omitted.
   § 52. Intentionally omitted.
   § 53. Intentionally omitted.
   § 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section
 115 of the family court  act,  paragraph  (vi)  of  subdivision  (a)  as
 amended and subdivision (e) as added by chapter 222 of the laws of 1994,
 are amended to read as follows:
   (vi) proceedings concerning juvenile delinquency as set forth in arti-
 cle three THAT ARE COMMENCED IN FAMILY COURT.
   (e)  The  family  court  has concurrent jurisdiction with the criminal
 court over all family offenses as defined in article eight of  this  act
 AND  HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT
 OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE  REMOVAL  OF

 S. 2006                            110                           A. 3006
 
 THE  CASE  TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-
 FIVE OF THE CRIMINAL PROCEDURE LAW.
   §  55.  Subdivision  (b)  of  section  117  of the family court act is
 REPEALED and a new subdivision (b) is added to read as follows:
   (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW
 YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA-
 RATE FROM ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL  HAVE  JURISDIC-
 TION  OVER  ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING AN ALLEGATION
 THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY
 ACT AS DEFINED IN SUBDIVISION EIGHT OF SECTION  301.2  OF  THIS  CHAPTER
 THAT  ARE  NOT  REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. ALL SUCH
 PROCEEDINGS SHALL BE ORIGINATED IN OR BE TRANSFERRED TO SUCH  PART  FROM
 OTHER  PARTS  AS  THEY ARE MADE KNOWN TO THE COURT.  OUTSIDE THE CITY OF
 NEW YORK, ALL PROCEEDINGS INVOLVING SUCH  AN  ALLEGATION  SHALL  HAVE  A
 HEARING  PREFERENCE  OVER  EVERY  OTHER  PROCEEDING IN THE COURT, EXCEPT
 PROCEEDINGS UNDER ARTICLE TEN OF THIS CHAPTER.
   § 56. Subdivision 1 of section 301.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1. "Juvenile delinquent" means a person  [over  seven  and  less  than
 sixteen years of age, who, having committed an act that would constitute
 a  crime if committed by an adult, (a) is not criminally responsible for
 such conduct by reason of infancy, or (b) is the defendant in an  action
 ordered  removed  from  a criminal court to the family court pursuant to
 article seven hundred twenty-five of the criminal procedure law]:
   (A) WHO IS:
   (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
 TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE  FIRST  DEGREE)
 OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
 AN ADULT; OR
   (II)  AT  LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS OF AGE
 WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF  COMMITTED  BY  AN
 ADULT; OR
   (III)  SIXTEEN  YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND
 TWENTY, 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.
   § 57. Subdivisions 8 and 9 of section 301.2 of the family  court  act,
 subdivision  8  as amended by chapter 7 of the laws of 2007 and subdivi-
 sion 9 as added by chapter 920 of the laws of 1982, are amended to  read
 as follows:
   8.  "Designated  felony  act" means an act which, if done by an adult,
 would be a crime: (i) defined in sections 125.27 (murder  in  the  first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first  degree);  or  150.20 (arson in the first degree) of the penal law
 committed by a person thirteen, fourteen [or], fifteen, OR  SIXTEEN,  OR
 COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  pursuant  to  section  130.91  of  the  penal law; (ii) defined in
 sections 120.10 (assault in the first degree); 125.20  (manslaughter  in

 S. 2006                            111                           A. 3006
 
 the  first  degree); 130.35 (rape in the first degree); 130.50 (criminal
 sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
 first  degree);  135.20 (kidnapping in the second degree) but only where
 the  abduction  involved  the  use  or  threat of use of deadly physical
 force; 150.15 (arson in the second degree) or  160.15  (robbery  in  the
 first  degree) of the penal law committed by a person thirteen, fourteen
 [or], fifteen, OR SIXTEEN, OR, COMMENCING JANUARY  FIRST,  TWO  THOUSAND
 TWENTY,  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 commit-
 ted by a  person  thirteen,  fourteen  [or],  fifteen,  OR  SIXTEEN,  OR
 COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  pursuant  to  section  130.91  of  the  penal law; (iv) defined in
 section 140.30 (burglary  in  the  first  degree);  subdivision  one  of
 section  140.25  (burglary  in  the  second  degree); subdivision two of
 section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
 section  265.03 of the penal law, where such machine gun or such firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen of section 220.00 of the penal law committed by a person  four-
 teen  or  fifteen  years of age; or such conduct committed as a sexually
 motivated felony, where authorized pursuant to  section  130.91  of  the
 penal  law; (v) defined in section 120.05 (assault in the second degree)
 or 160.10 (robbery in the second degree) of the penal law committed by a
 person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING JANUARY  FIRST,
 TWO  THOUSAND  TWENTY,  SEVENTEEN  years of age but only where there has
 been a prior finding by a court that such person has previously  commit-
 ted  an  act  which,  if  committed  by  an adult, would be the crime of
 assault in the second degree, robbery in the second degree or any desig-
 nated felony act specified in paragraph (i),  (ii),  or  (iii)  of  this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; [or] (vi) other than a misdemeanor  commit-
 ted  by  a person at least [seven] TWELVE but less than [sixteen] SEVEN-
 TEEN years of age, OR COMMENCING JANUARY FIRST, TWO  THOUSAND  TWENTY  A
 PERSON  AT  LEAST  TWELVE  BUT LESS THAN EIGHTEEN YEARS OF AGE, but only
 where there has been two prior findings by the court  that  such  person
 has committed a prior felony; OR (VII) DEFINED IN SECTION 125.10 (CRIMI-
 NAL  NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND
 DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE  SECOND
 DEGREE)  OF  THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST
 DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF  SEXUAL  CONDUCT  AGAINST  A
 CHILD)  OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL
 LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL  LAW;  490.45
 (CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE
 FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP-
 ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE  PENAL  LAW;  ACTS
 CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN
 COMMITTED  AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED
 OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL  LAW
 WHEN  COMMITTED  AS  AN  ACT OF TERRORISM; OR ACTS CONSTITUTING A FELONY
 DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY  A
 PERSON  AT  LEAST  SIXTEEN  BUT  LESS  THAN  SEVENTEEN  YEARS OF AGE, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, AT LEAST SIXTEEN BUT LESS
 THAN EIGHTEEN YEARS OF AGE.

 S. 2006                            112                           A. 3006
 
   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.
   § 58. Subdivision 1 of section 302.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  The  family  court  has  exclusive  original jurisdiction over any
 proceeding to determine  whether  a  person  is  a  juvenile  delinquent
 COMMENCED  IN  FAMILY  COURT  AND CONCURRENT JURISDICTION WITH THE YOUTH
 PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE  FAMILY
 COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW.
   § 59. Section 304.1 of the family court act, as added by  chapter  920
 of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws
 of 1987, is amended to read as follows:
   § 304.1. Detention. 1. A facility certified by the [state division for
 youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
 facility must be operated in conformity  with  the  regulations  of  the
 [state  division  for  youth  and shall be subject to the visitation and
 inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
 FAMILY SERVICES.
   2.  No child to whom the provisions of this article may apply shall be
 detained in any prison, jail, lockup, or other  place  used  for  adults
 convicted  of  crime  or under arrest and charged with crime without the
 approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES in the case of each child and  the  statement  of  its  reasons
 therefor.   The [state division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES shall promulgate and publish the rules which it shall apply  in
 determining whether approval should be granted pursuant to this subdivi-
 sion.
   3.  [The  detention  of  a  child  under  ten years of age in a secure
 detention facility shall not be directed under any of the provisions  of
 this article.
   4.] A detention facility which receives a child under subdivision four
 of  section  305.2  OF  THIS  PART  shall immediately notify the child's
 parent or other person legally responsible for his OR HER  care  or,  if
 such  legally responsible person is unavailable the person with whom the
 child resides, that he OR SHE has been placed in detention.
   § 60. Subdivision 1 of section 304.2 of the family court act, as added
 by chapter 683 of the laws of 1984, is amended to read as follows:
   (1) Upon application by the presentment agency, OR UPON APPLICATION BY
 THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
 issue a temporary order of protection  against  a  respondent  for  good
 cause  shown,  ex  parte or upon notice, at any time after a juvenile is
 taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
 ance of an appearance ticket pursuant  to  section  307.1  or  upon  the
 filing of a petition pursuant to section 310.1 OF THIS PART.
   § 61. Subdivision 1 of section 305.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  A  private  person may take a child [under the age of sixteen] WHO
 MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING  AN  ACT
 THAT  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
 which [he] SUCH PRIVATE PERSON may arrest an adult  for  a  crime  under
 section 140.30 of the criminal procedure law.
   § 62. Subdivision 2 of section 305.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:

 S. 2006                            113                           A. 3006
 
   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.
   §  63.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
 court act, as amended by chapter 492 of the laws of 1987, is amended  to
 read as follows:
   (b)  forthwith  and with all reasonable speed take the child directly,
 and without his first being taken to the police station  house,  to  the
 family  court  located  in  the  county in which the act occasioning the
 taking into custody allegedly was committed, OR, WHEN THE  FAMILY  COURT
 IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
 BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
 MENT  TO  CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
 officer determines that it is necessary to question the child, in  which
 case  he OR SHE may take the child to a facility designated by the chief
 administrator of the courts as a suitable place for the  questioning  of
 children  or,  upon  the  consent  of  a  parent or other person legally
 responsible for the care of the child,  to  the  child's  residence  and
 there question him OR HER for a reasonable period of time; or
   §  64.  Subdivision  1  of  section  306.1 of the family court act, as
 amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
 follows:
   1.  Following  the  arrest  of a child alleged to be a juvenile delin-
 quent, or the filing of a delinquency petition involving a child who has
 not been arrested, the arresting officer  or  other  appropriate  police
 officer  or  agency shall take or cause to be taken fingerprints of such
 child if:
   (a) the child is eleven years of age or older and the crime  which  is
 the  subject  of  the arrest or which is charged in the petition consti-
 tutes a class [A or B] A-I felony; [or] (b) THE CHILD IS TWELVE YEARS OF
 AGE OR OLDER AND THE CRIME WHICH IS THE SUBJECT OF THE ARREST  OR  WHICH
 IS CHARGED IN THE PETITION CONSTITUTES A CLASS A OR B FELONY; OR
   (C) the child is thirteen years of age or older and the crime which is
 the  subject  of  the arrest or which is charged in the petition consti-
 tutes a class C, D or E felony.
   § 65. Subdivisions 2 and 4 of section 307.3 of the family  court  act,
 subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi-
 sion  4 as added by chapter 920 of the laws of 1982, are amended to read
 as follows:
   2. When practicable such agency may release a child before the  filing
 of  a  petition  to  the  custody  of his OR HER parents or other person
 legally responsible for his OR HER care, or if such legally  responsible
 person is unavailable, to a person with whom he OR SHE resides, when the
 events occasioning the taking into custody appear to involve allegations
 that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
 AGENCY MUST RELEASE THE CHILD IF:
   (A)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
 COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
 TED BY AN ADULT; OR
   (B) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY TO  ANOTHER
 PERSON;

 S. 2006                            114                           A. 3006
 
   (II)  THE  CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (III)  THE  CHILD  HAS  NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
 THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
 ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION
 NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND
   (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   4.  If  the  agency for any reason does not release a child under this
 section, such child shall be brought    before  the  appropriate  family
 court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
 BLE  MAGISTRATE,  IF  ANY,  DESIGNATED  BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER,  THAT  IF
 SUCH  FAMILY  COURT  IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL-
 ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
 ty-two hours or the next day the court is in session, whichever is soon-
 er. Such agency  shall  thereupon  file  an  application  for  an  order
 pursuant  to section 307.4 OF THIS PART and shall forthwith serve a copy
 of the application upon the appropriate presentment agency.  Nothing  in
 this  subdivision shall preclude the adjustment of suitable cases pursu-
 ant to section 308.1.
   § 66. The section heading and subdivisions 1, 2, 3, 9, 12  and  13  of
 section  308.1 of the family court act, the section heading and subdivi-
 sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and
 subdivision 2 as amended by section 3 of part V of  chapter  55  of  the
 laws of 2012, are amended to read as follows:
   [Rules  of court for preliminary] PRELIMINARY procedure; ADJUSTMENT OF
 CASES. 1. [Rules of court shall  authorize  and  determine  the  circum-
 stances  under  which  the]  THE  probation  service may confer with any
 person seeking to have a juvenile delinquency petition filed, the poten-
 tial respondent and other interested persons concerning the advisability
 of requesting that a petition be filed IN ACCORDANCE WITH THIS SECTION.
   2. (A) Except as provided in subdivisions three [and], four, AND THIR-
 TEEN of this section, the probation service  may[,  in  accordance  with
 rules  of  court,]  ATTEMPT  TO  adjust [suitable cases] A CASE before a
 petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE  CASE  IS
 SUITABLE  FOR  ADJUSTMENT  BASED  ON THE ASSESSED LEVEL OF RISK THAT THE
 CHILD WILL COMMIT ANOTHER ACT THAT WOULD CONSTITUTE A  CRIME  AS  DETER-
 MINED  BY  A  VALIDATED RISK ASSESSMENT INSTRUMENT AND THE EXTENT OF ANY
 PHYSICAL INJURY TO THE VICTIM.
   (B) IF A CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND  THE  EVENTS  IN
 THE  CASE  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED
 ACTS THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED  BY
 AN  ADULT,  THE  PROBATION SERVICE MUST DILIGENTLY ATTEMPT TO ADJUST THE
 CASE.  SUCH ATTEMPTS MAY INCLUDE THE USE  OF  A  JUVENILE  REVIEW  BOARD
 COMPRISED  OF  APPROPRIATE  COMMUNITY MEMBERS TO WORK WITH THE CHILD AND
 HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.   THE
 PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
 MINES  THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL BENE-
 FIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT  OR
 THE TIME FOR ADJUSTMENT HAS EXPIRED.
   (C)  The  inability  of  the  respondent  or his or her family to make
 restitution shall not be a factor in a decision to adjust a case or in a

 S. 2006                            115                           A. 3006
 
 recommendation to the presentment agency pursuant to subdivision six  of
 this section.
   (D)  THE  PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT FOR A
 TEMPORARY ORDER OF PROTECTION AS PART OF THE ADJUSTMENT  OF  A  CASE  IN
 ACCORDANCE WITH SECTION 304.2 OF THIS PART.
   (E)  Nothing  in  this section shall prohibit the probation service or
 the court from directing a respondent to obtain employment and  to  make
 restitution  from  the  earnings  from  such employment. Nothing in this
 section shall prohibit the probation service or the court from directing
 an eligible person to complete an education reform program in accordance
 with section four hundred fifty-eight-l of the social services law.
   3. The probation service shall not  ATTEMPT  TO  adjust  a  case  THAT
 COMMENCED  IN  FAMILY COURT in which the child has allegedly committed a
 designated felony act THAT INVOLVES ALLEGATIONS THAT  THE  CHILD  CAUSED
 PHYSICAL  INJURY  TO  A  PERSON  unless  [it]  THE PROBATION SERVICE has
 received the written approval of the court.
   9. Efforts at adjustment [pursuant  to  rules  of  court]  under  this
 section  may  not extend for a period of more than two months [without],
 OR, FOR A PERIOD OF MORE THAN  FOUR  MONTHS  IF  THE  PROBATION  SERVICE
 DETERMINES  THAT  ADJUSTMENT  BEYOND  THE  FIRST TWO MONTHS IS WARRANTED
 BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES  NEED  TO  BE
 MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
 may extend the ADJUSTMENT period for an additional two months.
   12.  The  probation  service shall certify to the division of criminal
 justice services  and  to  the  appropriate  police  department  or  law
 enforcement  agency  whenever  it  adjusts a case in which the potential
 respondent's fingerprints were taken pursuant to section 306.1  OF  THIS
 PART  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.
   § 67. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
 court  act,  as  added by chapter 920 of the laws of 1982, is amended to
 read as follows:
   (c) the fact that the respondent is a person [under sixteen years  of]
 OF  THE  NECESSARY  age  TO  BE A JUVENILE DELINQUENT at the time of the
 alleged act or acts;
   § 68. Subdivision 3 of section  320.5  of  the  family  court  act  is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE COURT
 SHALL NOT DIRECT DETENTION IF:
   (I) THE EVENTS UNDERLYING THE INITIAL  APPEARANCE  APPEAR  TO  INVOLVE
 ONLY  ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO
 MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II) SUCH EVENTS APPEAR TO INVOLVE ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:

 S. 2006                            116                           A. 3006
 
   (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.
   §  69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the
 family court act, paragraph (a) as amended by chapter 37 of the laws  of
 2016  and paragraph (b) as added by chapter 920 of the laws of 1982, are
 amended to read as follows:
   (a) If the court finds that there is probable cause  to  believe  that
 the respondent committed a felony, it shall order the respondent commit-
 ted  to  the custody of the commissioner of mental health or the commis-
 sioner of THE OFFICE FOR 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 application to the court by
 the commissioner having custody or his or her designee. Such application
 must be made not more than sixty days prior to the  expiration  of  such
 period  on forms that have been prescribed by the chief administrator of
 the courts. At that time, the commissioner must give written  notice  of
 the application to the respondent, the counsel representing the respond-
 ent and the mental hygiene legal service if the respondent is at a resi-
 dential  facility.  Upon  receipt  of  such  application, the court must
 conduct a hearing to determine the issue of capacity. If, at the conclu-
 sion of a hearing conducted pursuant  to  this  subdivision,  the  court
 finds that the respondent is no longer incapacitated, he or she shall be
 returned  to  the  family court for further proceedings pursuant to this
 article. If the court is 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  neces-
 sary  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 birthday 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.
   §  70.  Subdivisions 1 and 5 of section 325.1 of the family court act,
 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
 5 as added by chapter 920 of the laws of 1982, are amended  to  read  as
 follows:
   1.  At  the  initial  appearance,  if  the  respondent denies a charge
 contained in the petition and the court determines  IN  ACCORDANCE  WITH
 THE  REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
 shall be detained for more than three days pending a fact-finding  hear-

 S. 2006                            117                           A. 3006

 ing,  the court shall schedule a probable-cause hearing to determine the
 issues specified in section 325.3 OF THIS PART.
   5.  Where  the  petition  consists  of an order of removal pursuant to
 article seven hundred twenty-five of the criminal procedure law,  unless
 the  removal was pursuant to subdivision three of section 725.05 of such
 law and the respondent was not afforded a probable cause hearing  pursu-
 ant  to  subdivision three of section [180.75] 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 OF THIS PART.
   § 71. Paragraph (a) of subdivision 2 of section 352.2  of  the  family
 court  act, as amended by chapter 880 of the laws of 1985, is amended to
 read as follows:
   (a) In determining an appropriate order the court shall  consider  the
 needs  and  best  interests  of  the  respondent as well as the need for
 protection of the community. If the respondent has  committed  a  desig-
 nated  felony  act the court shall determine the appropriate disposition
 in [accord] ACCORDANCE with section 353.5 OF THIS  PART.  In  all  other
 cases  the court shall order the least restrictive available alternative
 enumerated in subdivision one OF THIS SECTION which is  consistent  with
 the  needs  and  best  interests  of  the  respondent  and  the need for
 protection of the community; PROVIDED, HOWEVER, THAT THE COURT SHALL NOT
 DIRECT THE PLACEMENT OF A  RESPONDENT  WITH  A  COMMISSIONER  OF  SOCIAL
 SERVICES OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IF:
   (I)  THE  RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE
 THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II) THE RESPONDENT ONLY COMMITTED ACTS  THAT  WOULD  CONSTITUTE  MORE
 THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
 IF:
   (1)  THE  ACTS  DID  NOT  RESULT  IN ANY PHYSICAL INJURY AS DEFINED IN
 SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS  FOR  AN  ACT
 THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3)  THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
 THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
 ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   (4)  THE  RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE PRE-
 DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A  PLACE-
 MENT  IS  NECESSARY  BECAUSE  THE RESPONDENT OTHERWISE POSES AN IMMINENT
 RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH  DETERMINATION  IN
 THE COURT ORDER.
   § 72. The opening paragraph of subparagraph (iii) of paragraph (a) and
 paragraph (d) of subdivision 4 of section 353.5 of the family court act,
 as amended by section 6 of subpart A of part G of chapter 57 of the laws
 of 2012, are amended to read as follows:
   after  the  period  set under subparagraph (ii) of this paragraph, the
 respondent shall be placed in a residential facility  for  a  period  of
 twelve months; provided, however, that if the respondent has been placed
 from  a family court in a social services district operating an approved
 juvenile justice services close to home initiative pursuant  to  section

 S. 2006                            118                           A. 3006
 
 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.
   § 73. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
 court  act, as amended by chapter 398 of the laws of 1983, is amended to
 read as follows:
   (d) Upon the expiration of the initial period  of  placement,  or  any
 extension  thereof,  the  placement  may  be extended in accordance with
 section 355.3 on a petition of any party or  the  [division  for  youth]
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES after a dispositional hearing,
 for an additional period not to exceed twelve  months,  but  no  initial
 placement  or  extension  of  placement  under this section may continue
 beyond the respondent's twenty-first birthday, OR, FOR AN ACT  THAT  WAS
 COMMITTED  WHEN  THE  RESPONDENT  WAS SIXTEEN YEARS OF AGE OR OLDER, THE
 RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   § 74. Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
 act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi-
 sions  2,  6  and  7  as amended by chapter 645 of the laws of 1996, are
 amended to read as follows:
   1. If a person whose  fingerprints,  palmprints  or  photographs  were
 taken  pursuant  to  section  306.1  or was initially fingerprinted as a
 juvenile offender and the action is subsequently  removed  to  a  family
 court  pursuant  to  article  seven  hundred twenty-five of the criminal
 procedure law is adjudicated to be a juvenile delinquent for  a  felony,
 the  family court shall forward or cause to be forwarded to the division
 of criminal justice services notification of such adjudication and  such
 related  information  as  may  be  required  by such division, provided,
 however, in the case of a person eleven [or twelve] years  of  age  such
 notification  shall  be  provided only if the act upon which the adjudi-
 cation is based would constitute a class [A or B] A-1 felony OR, IN  THE
 CASE  OF  A  PERSON  TWELVE  YEARS  OF  AGE,  SUCH NOTIFICATION SHALL BE
 PROVIDED ONLY IF THE ACT UPON WHICH  THE  ADJUDICATION  IS  BASED  WOULD
 CONSTITUTE A CLASS A OR B FELONY.
   2.  If  a  person  whose  fingerprints, palmprints or photographs were
 taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
 juvenile offender and the action is subsequently removed to family court
 pursuant  to article seven hundred twenty-five of the criminal procedure
 law has had all petitions disposed of by the family court in any  manner
 other  than an adjudication of juvenile delinquency for a felony, but in
 the case of acts committed when such person was eleven [or twelve] years
 of age which would constitute a class [A or B] A-1 felony only,  OR,  IN
 THE  CASE  OF  ACTS  COMMITTED  WHEN SUCH PERSON WAS TWELVE YEARS OF AGE
 WHICH WOULD CONSTITUTE A CLASS A OR B  FELONY  ONLY,  all  such  finger-
 prints, palmprints, photographs, and copies thereof, and all information
 relating  to  such  allegations  obtained  by  the  division of criminal

 S. 2006                            119                           A. 3006
 
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The clerk of the court shall notify the commissioner of the division  of
 criminal  justice  services  and the heads of all police departments and
 law  enforcement  agencies  having  copies  of  such  records, who shall
 destroy such records without unnecessary delay.
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
 acts  committed  when  such a person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently  convicted  of  a
 crime, all fingerprints and related information obtained by the division
 of  criminal justice services pursuant to such section and not destroyed
 pursuant to subdivisions two, five and seven or  subdivision  twelve  of
 section 308.1 shall become part of such division's permanent adult crim-
 inal record for that person, notwithstanding section 381.2 or 381.3.
   7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
 quently adjudicated a juvenile delinquent for a felony, but in the  case
 of  acts  committed when such person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
 has been discharged from placement under this act  for  at  least  three
 years,  whichever occurs later, and has no criminal convictions or pend-
 ing  criminal  actions  which  ultimately  terminate   in   a   criminal
 conviction,  all  fingerprints,  palmprints,  photographs,  and  related
 information and copies thereof obtained pursuant to section 306.1 in the
 possession of the division of  criminal  justice  services,  any  police
 department,  law  enforcement  agency  or  any  other  agency  shall  be
 destroyed forthwith. The division of  criminal  justice  services  shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion  pursuant  to  section  306.1  of their obligation to destroy those
 records in their possession. In the case of a  pending  criminal  action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   §  75.  Subdivision  6  of  section  355.3 of the family court act, as
 amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
 follows:
   6. Successive extensions of placement under this section may be grant-
 ed,  but  no  placement may be made or continued beyond the respondent's
 eighteenth birthday without  the  child's  consent  FOR  ACTS  COMMITTED
 BEFORE  THE  RESPONDENT'S  SIXTEENTH  BIRTHDAY  and in no event past the
 child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
 OF SECTION 353.5 OF THIS PART.
   § 76. Paragraph (b) of subdivision 3 of section 355.5  of  the  family
 court  act, as amended by chapter 145 of the laws of 2000, is amended to
 read as follows:
   (b) subsequent permanency hearings shall be held no later  than  every
 twelve months following the respondent's initial twelve months in place-
 ment  BUT  IN  NO  EVENT  PAST  THE  RESPONDENT'S TWENTY-FIRST BIRTHDAY;
 provided, however, that they shall be held in conjunction with an exten-
 sion of placement hearing held pursuant to section 355.3 of this  [arti-
 cle] PART.
   § 77. Section 360.3 of the family court act is amended by adding a new
 subdivision 7 to read as follows:

 S. 2006                            120                           A. 3006
 
   7.    NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE DETAINED UNDER
 SUBDIVISION TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF  THIS
 SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME
 IF  COMMITTED  BY  AN  ADULT  UNLESS  THE  COURT DETERMINES (A) THAT THE
 RESPONDENT  POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
 THE REASONS FOR THE FINDING ON THE RECORD OR (B) THE  RESPONDENT  IS  ON
 PROBATION  FOR  AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED
 IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND  THE  USE
 OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS.
   §  78. Subdivisions 5 and 6 of section 371 of the social services law,
 subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
 sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
 read as follows:
   5. "Juvenile delinquent" means a person  [over  seven  and  less  than
 sixteen  years of age who does any act which, if done by an adult, would
 constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
   6. "Person in need of supervision" means a person [less than  eighteen
 years of age who is habitually truant or who is incorrigible, ungoverna-
 ble  or habitually disobedient and beyond the lawful control of a parent
 or other person legally responsible for  such  child's  care,  or  other
 lawful  authority]  AS  DEFINED  IN  SECTION SEVEN HUNDRED TWELVE OF THE
 FAMILY COURT ACT.
   § 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi-
 vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of
 the laws of 2011 and subdivision 4 as added by chapter 465 of  the  laws
 of 1992, are amended to read as follows:
   3.  "Detention" means the temporary care and maintenance of youth held
 away from their homes pursuant to article three [or seven] of the family
 court act, or held pending a hearing for alleged violation of the condi-
 tions of release from an office of children and family services facility
 or authorized agency, or held pending a hearing for alleged violation of
 the condition of parole as a juvenile offender, or held  pending  return
 to a jurisdiction other than the one in which the youth is held, or held
 pursuant  to  a  securing  order  of a criminal court if the youth named
 therein as principal is charged as a juvenile offender or held pending a
 hearing on an extension of placement  or  held  pending  transfer  to  a
 facility  upon commitment or placement by a court OR PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT IF THE PETITION PURSUANT TO  SUCH  ARTICLE
 WAS  FILED  PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY. Only alleged or
 convicted juvenile offenders who have not attained their eighteenth  OR,
 COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN, THEIR TWENTY-FIRST
 birthday shall be subject to detention in a detention facility.
   4. For purposes of this article, the term "youth" shall [be synonymous
 with the term "child" and means] MEAN a person not less than seven years
 of age and not more than twenty OR COMMENCING JANUARY FIRST,  TWO  THOU-
 SAND NINETEEN, NOT MORE THAN TWENTY-TWO years of age.
   §  80.  Paragraph  (a)  of  subdivision 2 and subdivision 5 of section
 507-a of the executive law, as amended by chapter 465  of  the  laws  of
 1992, are amended to read as follows:
   (a) Consistent with other provisions of law, only those youth who have
 reached the age of [seven] TEN but who have not reached the age of twen-
 ty-one  may  be  placed in[, committed to or remain in] the [division's]
 custody OF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES.  EXCEPT  AS
 PROVIDED  FOR  IN  PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
 REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY  OF  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES.

 S. 2006                            121                           A. 3006

   (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES  AS  A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
 THE CUSTODY OF THE OFFICE DURING THE  PERIOD  OF  HIS  OR  HER  SENTENCE
 BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION  FIVE OF SECTION FIVE HUNDRED EIGHT OF THIS TITLE BUT IN NO EVENT
 MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS  OR  HER
 TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO HAVE COMMITTED A DESIG-
 NATED  CLASS  A  FELONY  ACT WHO IS RESTRICTIVELY PLACED WITH THE OFFICE
 UNDER SUBDIVISION FOUR OF SECTION 353.5 OF  THE  FAMILY  COURT  ACT  FOR
 COMMITTING  AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY REMAIN
 IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP  TO  THE
 AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT ORDER.
   (A-2)  Whenever  it shall appear to the satisfaction of the [division]
 OFFICE OF CHILDREN AND FAMILY SERVICES that any youth  placed  therewith
 is  not  of  proper age to be so placed or is not properly placed, or is
 mentally or physically incapable of being materially  benefited  by  the
 program  of the [division] OFFICE, the [division] OFFICE shall cause the
 return of such youth to the county from which placement was made.
   5. Consistent with other provisions of law, in the discretion  of  the
 [director,  youth]  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT  who
 attain the age of eighteen while in [division] custody OF THE OFFICE AND
 WHO  ARE  NOT  REQUIRED  TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
 RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY  COURT  may  reside  in  a
 non-secure  facility  until  the  age  of twenty-one, provided that such
 youth attend a full-time vocational or educational program and are like-
 ly to benefit from such program.
   § 81.  Paragraphs (a), (b), (c), (d) and  (e)  of  subdivision  2  and
 subdivision 4 of section 508 of the executive law are REPEALED.
   §  82.  Subdivisions  1,  2, 3, 5, 6, 7, 8 and 9 of section 508 of the
 executive law, subdivision 1 as amended by chapter 738 of  the  laws  of
 2004,  subdivision  2  as  amended  by  chapter 572 of the laws of 1985,
 subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered
 by chapter 465 of the laws of 1992, subdivisions 5, 6 and 7  as  amended
 by  section 97 of subpart B of part C of chapter 62 of the laws of 2011,
 subdivision 8 as added by chapter 560 of the laws of 1984  and  subdivi-
 sion  9  as amended by chapter 37 of the laws of 2016, are amended and a
 new subdivision 1-a is added to read as follows:
   1. The office of children and family services shall maintain  [secure]
 facilities  for the care and confinement of juvenile offenders committed
 [for an indeterminate, determinate or definite sentence] TO  THE  OFFICE
 pursuant  to the sentencing provisions of the penal law. Such facilities
 shall provide appropriate services to juvenile offenders  including  but
 not  limited  to  residential care, educational and vocational training,
 physical and mental health services, and employment counseling.
   1-A.  (A) (I) THE STATE SHALL ESTABLISH ONE OR  MORE  FACILITIES  WITH
 ENHANCED  SECURITY  FEATURES  AND SPECIALLY TRAINED STAFF TO SERVE THOSE
 YOUTH SENTENCED FOR COMMITTING OFFENSES  ON  OR  AFTER  THEIR  SIXTEENTH
 BIRTHDAY  WHO  ARE  DETERMINED,  BASED  ON  THE PLACEMENT CLASSIFICATION
 PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS  SUBDIVISION,  TO
 NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES.
   (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES, THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION, THE COMMISSIONER OF THE STATE  COMMISSION  OF
 CORRECTION,  AND  THE  COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE

 S. 2006                            122                           A. 3006
 
 SERVICES SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE  FACILITY.
 THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL
 HAVE  THE  POWER  TO  PERFORM ALL ACTS NECESSARY TO CARRY OUT ITS DUTIES
 INCLUDING  MAKING  UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT
 ANY TIME. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  STATE  LAW  TO  THE
 CONTRARY,  THE  COUNCIL  MAY  REQUEST AND THE OFFICE SHALL SUBMIT TO THE
 COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN  THE
 FORM  AND  MANNER  AND  AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS
 APPROPRIATE TO THE PURPOSES AND OPERATION OF THE  COUNCIL.  THE  COUNCIL
 SHALL  BE  SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE
 PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO  THE
 COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF
 TO, PERSONS NOT AUTHORIZED BY LAW.
   (III)  YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE
 FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH  THE
 TYPES  OF  YOUTH  PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES.
 ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A  YOUTH  DIVISION  AIDE
 SHALL  BE  SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG-
 ICAL SCREENING AS APPLICANTS FOR  EMPLOYMENT  AS  CORRECTIONAL  OFFICERS
 WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO
 SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE
 INDEPENDENT   ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO  SUCH  SECTION,
 PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN  SUCH  SECTION  "DEPARTMENT"
 SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER"
 SHALL  MEAN  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES. ALL STAFF OF THE FACILITY SHALL  BE  SUBJECT  TO  RANDOM  DRUG
 TESTS.
   (B)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO
 ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS,
 WITH THE SECURITY ISSUES RELATING TO OPERATING  FACILITIES  SERVING  THE
 ADDITIONAL YOUTH SENTENCED TO THE OFFICE.
   (C)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION AND THE OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO
 BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN  AND  FAMILY
 SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER-
 MINE  THE  APPROPRIATE  LEVEL  OF  CARE  FOR EACH YOUTH SENTENCED TO THE
 OFFICE.  THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED  TO,
 CONSIDERATION  OF  THE  NATURE  OF  THE  YOUTH'S OFFENSE AND THE YOUTH'S
 HISTORY AND SERVICE NEEDS.
   (D) ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY
 SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
 RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
 PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
 THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE  GENDER-RESPONSIVE  PROGRAM-
 MING,  SERVICES  AND  TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
 OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
 IVE PEER RELATIONSHIPS.
   2. Juvenile offenders COMMITTED TO THE OFFICE  FOR  COMMITTING  CRIMES
 PRIOR  TO  THE AGE OF SIXTEEN shall be confined in such facilities until
 the age of twenty-one IN ACCORDANCE WITH THEIR SENTENCES, and shall  not
 be  released, discharged or permitted home visits except pursuant to the
 provisions of this section.

 S. 2006                            123                           A. 3006
 
   3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall  report
 in  writing to the sentencing court and district attorney, not less than
 once every six months during the period of confinement, on  the  status,
 adjustment, programs and progress of the offender.
   [5.]  4.  The  office  of children and family services may transfer an
 offender not less than eighteen [nor more than twenty-one] years of  age
 to  the  department  of  corrections  and  community  supervision if the
 commissioner of the office certifies to the commissioner of  corrections
 and  community  supervision that there is no substantial likelihood that
 the youth will benefit from the programs offered by office facilities.
   [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
 THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
 DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
 transferred  AT  AGE  TWENTY-ONE  to  the  custody  of the department of
 corrections and community supervision for confinement  pursuant  to  the
 correction law.
   [7.]  (B)  ALL  OFFENDERS  COMMITTED  OR TRANSFERRED TO THE OFFICE FOR
 COMMITTING A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO  STILL  HAVE
 TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE
 CUSTODY  OF  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR
 CONFINEMENT PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF
 CARE IN OFFICE OF CHILDREN AND FAMILY SERVICES  FACILITIES  UNLESS  THEY
 ARE  WITHIN  FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR
 SENTENCE AND THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE
 BASIS THAT THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE  OFFICE  FOR
 THE ADDITIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE
 THEIR  SENTENCE.  IN MAKING SUCH A DETERMINATION, THE FACTORS THE OFFICE
 MAY CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH,  THE
 AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
 LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
 TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
 THROUGH  THE  OFFICE  AND  THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
 YOUTH'S POST-RELEASE SUPERVISION SENTENCE.  NOTHING  IN  THIS  PARAGRAPH
 SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
 HER TWENTY-THIRD BIRTHDAY.
   (C) COMMENCING JANUARY FIRST,  TWO  THOUSAND  NINETEEN,  ALL  JUVENILE
 OFFENDERS WHO ARE ELIGIBLE TO BE RELEASED FROM AN OFFICE OF CHILDREN AND
 FAMILY  SERVICES  FACILITY BEFORE THEY ARE REQUIRED TO BE TRANSFERRED TO
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ARE ABLE
 TO COMPLETE THE FULL-TERM OF THEIR  POST-RELEASE  SUPERVISION  SENTENCES
 BEFORE  THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE
 OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION.
   (D) COMMENCING JANUARY FIRST,  TWO  THOUSAND  NINETEEN,  ALL  JUVENILE
 OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL-
 ITY  BEFORE  THEY  ARE  TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF  THEIR
 POST-RELEASE  SUPERVISION  SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS
 OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD
 OF  SENTENCE,  OR  EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE
 SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE  SHALL
 ASSIST  SUCH  DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER-
 VISION.
   6. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except that his  OR  HER  parole,  POST-RELEASE  SUPERVISION,  temporary

 S. 2006                            124                           A. 3006
 
 release  and  discharge  shall  be  governed  by  the laws applicable to
 inmates of state correctional facilities and  his  OR  HER  transfer  to
 state  hospitals  in  the  office  of mental health shall be governed by
 section  five  hundred  nine of this chapter; PROVIDED, HOWEVER, THAT AN
 OTHERWISE ELIGIBLE JUVENILE OFFENDER MAY RECEIVE THE  SIX-MONTH  LIMITED
 CREDIT  TIME  ALLOWANCE  FOR  SUCCESSFUL  PARTICIPATION  IN  ONE OR MORE
 PROGRAMS DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  THAT
 ARE  COMPARABLE  TO  THE  PROGRAMS  SET  FORTH  IN SECTION EIGHT HUNDRED
 THREE-B OF THE CORRECTION LAW, TAKING  INTO  CONSIDERATION  THE  AGE  OF
 JUVENILE  OFFENDERS.    The  commissioner  of the office of children and
 family services shall, however, establish and operate temporary  release
 programs  at  office  of  children  and  family  services facilities AND
 PROVIDE POST-RELEASE SUPERVISION for  eligible  juvenile  offenders  and
 [contract  with  the department of corrections and community supervision
 for the provision of parole] PROVIDE supervision [services]  for  tempo-
 rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION.  The rules and
 regulations  for  these programs shall not be inconsistent with the laws
 for temporary release AND POST-RELEASE SUPERVISION applicable to inmates
 of state correctional facilities. For the purposes of temporary  release
 programs  for  juvenile  offenders  only, when referred to or defined in
 article twenty-six of the correction law, "institution" shall  mean  any
 facility  designated  by  the commissioner of the office of children and
 family services, "department" shall mean  the  office  of  children  and
 family  services, "inmate" shall mean a juvenile offender residing in an
 office of children and  family  services  facility,  and  "commissioner"
 shall  mean  the  [director]  COMMISSIONER of the office of children and
 family services. FOR THE PURPOSES OF SUCH POST-RELEASE  SUPERVISION  FOR
 JUVENILE  OFFENDERS  UNDER  PARAGRAPH  (C)  OF  SUBDIVISION FIVE OF THIS
 SECTION ONLY, WHEN REFERRED TO IN SECTION 70.45  OF  THE  PENAL  LAW  OR
 ARTICLE   TWELVE-B  OF  THE  EXECUTIVE  LAW,  THE  TERM  "DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION",  "DEPARTMENT",  "DIVISION  OF
 PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE
 OF  CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL MEAN
 THE OFFICE OF CHILDREN AND FAMILY SERVICES.  Time  spent  in  office  of
 children and family services facilities and in juvenile detention facil-
 ities  shall be credited towards the sentence imposed in the same manner
 and to the same extent  applicable  to  inmates  of  state  correctional
 facilities.
   [8]  7.    Whenever a juvenile offender or a juvenile offender adjudi-
 cated a youthful offender shall be delivered to the director of [a divi-
 sion for youth] AN OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  facility
 pursuant  to  a  commitment  to the [director of the division for youth]
 OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so  delivering  such
 person  shall  deliver to such facility director a certified copy of the
 sentence received by such officer from the clerk of the court  by  which
 such  person  shall  have  been  sentenced,  a copy of the report of the
 probation officer's investigation and  report,  any  other  pre-sentence
 memoranda  filed  with  the  court,  a  copy of the person's fingerprint
 records, a detailed summary of available  medical  records,  psychiatric
 records  and  reports  relating  to  assaults,  or  other  violent acts,
 attempts at suicide or escape by the person while in the  custody  of  a
 local detention facility.
   [9.]  8.  Notwithstanding any provision of law, including section five
 hundred one-c of  this  article,  the  office  of  children  and  family
 services  shall  make  records pertaining to a person convicted of a sex
 offense as defined in subdivision (p) of section  10.03  of  the  mental

 S. 2006                            125                           A. 3006
 
 hygiene  law available upon request to the commissioner of mental health
 or the commissioner of THE OFFICE FOR PERSONS WITH  developmental  disa-
 bilities, as appropriate; a case review panel; and the attorney general;
 in  accordance  with the provisions of article ten of the mental hygiene
 law.
   § 83. Section 712 of the family court act, as amended by  chapter  920
 of  the  laws of 1982, subdivision (a) as amended by section 7 of part G
 of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
 465 of the laws of 1992, subdivision (g) as amended by section 2 of part
 B of chapter 3 of the laws of 2005, subdivision (h) as added by  chapter
 7  of the laws of 1999, subdivision (i) as amended and subdivisions (j),
 (k), (l) and (m) as added by chapter 38 of the laws of 2014, is  amended
 to read as follows:
   § 712. Definitions. As used in this article, the following terms shall
 have the following meanings:
   (a) "Person in need of supervision". A person less than eighteen years
 of  age  who does not attend school in accordance with the provisions of
 part one of article sixty-five of the education law or who is incorrigi-
 ble, ungovernable  or  habitually  disobedient  and  beyond  the  lawful
 control of a parent or other person legally responsible for such child's
 care,  or  other  lawful  authority,  or  who violates the provisions of
 section 221.05 or 230.00 of the penal law, or who appears to be a  sexu-
 ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
 sion  one  of  section four hundred forty-seven-a of the social services
 law, but only if the child consents to the filing of  a  petition  under
 this article.
   (b)  ["Detention". The temporary care and maintenance of children away
 from their own homes as defined in section five hundred two of the exec-
 utive law.
   (c) "Secure detention facility". A  facility  characterized  by  phys-
 ically restricting construction, hardware and procedures.
   (d)  "Non-secure  detention facility". A facility characterized by the
 absence of physically restricting construction, hardware and procedures.
   (e)] "Fact-finding  hearing".  A  hearing  to  determine  whether  the
 respondent did the acts alleged to show that he OR SHE violated a law or
 is  incorrigible,  ungovernable or habitually disobedient and beyond the
 control of his OR HER parents, guardian or legal custodian.
   [(f)] (C) "Dispositional hearing". A hearing to determine whether  the
 respondent requires supervision or treatment.
   [(g)]  (D)  "Aggravated circumstances". Aggravated circumstances shall
 have the same meaning as the definition of such term in subdivision  (j)
 of section one thousand twelve of this act.
   [(h)]  (E)  "Permanency  hearing".  A  hearing held in accordance with
 paragraph (b) of subdivision two of section seven hundred fifty-four  or
 section  seven  hundred  fifty-six-a  of this article for the purpose of
 reviewing the foster care status of the respondent and the  appropriate-
 ness of the permanency plan developed by the social services official on
 behalf of such respondent.
   [(i)]  (F)  "Diversion  services".   Services provided to children and
 families pursuant to section seven hundred thirty-five of  this  article
 for  the  purpose of avoiding the need to file a petition [or direct the
 detention of the child]. Diversion services shall  include:  efforts  to
 adjust  cases pursuant to this article before a petition is filed, or by
 order of the court, after the petition is filed but before  fact-finding
 is  commenced;  and  preventive  services  provided  in  accordance with
 section four hundred nine-a of the social  services  law  to  avert  the

 S. 2006                            126                           A. 3006
 
 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.
   §  84. The part heading of part 2 of article 7 of the family court act
 is amended to read as follows:
                          CUSTODY [AND DETENTION]
   § 85. Section 720 of the family court act, as amended by  chapter  419
 of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
 of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
 of subdivision 5 as added by section 8 of part G of chapter  58  of  the
 laws of 2010, is amended to read as follows:
   § 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

 S. 2006                            127                           A. 3006

 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.]
   § 86. Section 727 of the family court act is REPEALED.
   §  87. The section heading and subdivisions (c) and (d) of section 728
 of the family court act, subdivision (d) as added by chapter 145 of  the
 laws  of  2000, paragraph (i) as added and paragraph (ii) of subdivision
 (d) as renumbered by section 5 of part E of chapter 57 of  the  laws  of
 2005,  and  paragraph (iii) as amended and paragraph (iv) of subdivision
 (d) as added by section 10 of subpart B of part Q of chapter 58  of  the
 laws of 2011, are amended to read as follows:
   Discharge[,]  OR  release  [or  detention]  by judge after hearing and
 before filing of petition in custody cases.
   (c) An order of release under this  section  may,  but  need  not,  be
 conditioned  upon the giving of a recognizance in accord with [sections]
 SECTION seven hundred twenty-four (b) (i).
   [(d) Upon a finding of facts and reasons  which  support  a  detention
 order pursuant to this section, the court shall also determine and state
 in any order directing detention:
   (i)  that there is no substantial likelihood that the youth and his or
 her family will continue to benefit from diversion services and that all
 available alternatives to detention have been exhausted; and
   (ii) whether continuation of the child in the child's  home  would  be
 contrary  to the best interests of the child based upon, and limited to,
 the facts and circumstances available to the court at the  time  of  the
 hearing held in accordance with this section; and
   (iii) where appropriate, whether reasonable efforts were made prior to
 the  date  of the court hearing that resulted in the detention order, to
 prevent or eliminate the need for removal of the child from his  or  her
 home or, if the child had been removed from his or her home prior to the
 court  appearance  pursuant  to this section, where appropriate, whether
 reasonable efforts were made to make it possible for the child to safely
 return home; and

 S. 2006                            128                           A. 3006

   (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.]
   § 88. Section 729 of the family court act is REPEALED.
   § 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of
 section 735 of the family court act, subdivision (b) as amended by chap-
 ter  38 of the laws of 2014, paragraph (i) of subdivision (d) as amended
 by chapter 535 of the laws of 2011  and  subdivision  (f)  as  added  by
 section  7  of  part E of chapter 57 of the laws of 2005, are amended to
 read as follows:
   (b) The designated lead agency shall:
   (i) confer with any person seeking to file a petition, the  youth  who
 may  be  a potential respondent, his or her family, and other interested
 persons, concerning the provision of diversion services before any peti-
 tion may be filed; and
   (ii) diligently attempt to prevent the filing of a petition under this
 article or, after the petition is filed, to prevent the placement of the
 youth into foster care; and
   (iii) assess whether the youth would benefit from residential  respite
 services; and
   (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
 IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
 SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
   (V)  determine  whether  alternatives  to detention are appropriate to
 avoid remand of the youth to detention INCLUDING WHETHER THE  YOUTH  AND
 HIS  OR  HER  FAMILY  SHOULD  BE REFERRED TO AN AVAILABLE FAMILY SUPPORT
 CENTER; and
   [(v)] (VI) determine whether an assessment of the youth for  substance
 use  disorder  by  an  office of alcoholism and substance abuse services
 certified provider is necessary when a person seeking to file a petition
 alleges in such petition that the youth is suffering  from  a  substance
 use  disorder  which could make the youth a danger to himself or herself
 or others. Provided, however, that notwithstanding any  other  provision
 of law to the contrary, the designated lead agency shall not be required
 to pay for all or any portion of the costs of such assessment or for any
 substance use disorder or detoxification services, except in cases where
 medical  assistance  for needy persons may be used to pay for all or any
 portion of the costs of such assessment or services. The office of alco-
 holism and substance abuse services shall make a list of  its  certified
 providers available to the designated lead agency.
   (i)  providing,  at the first contact, information on the availability
 of or a referral to services in the geographic area where the youth  and
 his  or  her  family  are located that may be of benefit in avoiding the
 need to file a petition under this article; including the  availability,
 for  up  to  twenty-one  days,  of a residential respite program, if the
 youth and his or her parent or other person legally responsible for  his
 or  her care agree, and the availability of other non-residential crisis
 intervention programs such as A FAMILY  SUPPORT  CENTER,  family  crisis
 counseling  or alternative dispute resolution programs or an educational
 program as defined in section four hundred fifty-eight-l of  the  social
 services law.
   (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
 section may extend until the  designated  lead  agency  determines  that

 S. 2006                            129                           A. 3006
 
 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.
   § 90. Section 739 of the family court act, as amended by  chapter  920
 of  the laws of 1982, subdivision (a) as amended by section 10 of part G
 of chapter 58 of the laws of 2010, subdivision (c) as added  by  chapter
 145 of the laws of 2000, is amended to read as follows:
   §  739.  Release  or [detention] REFERRAL after filing of petition and
 prior to order of disposition. [(a)] After  the  filing  of  a  petition
 under  section  seven  hundred thirty-two of this part, the court in its
 discretion may release the respondent [or direct his or her  detention].
 If the respondent may be a sexually exploited child as defined in subdi-
 vision  one of section four hundred forty-seven-a of the social services
 law, the court may direct the respondent to an available short-term safe
 house [as an alternative to detention.  However,  the  court  shall  not
 direct detention unless it finds and states the facts and reasons for so
 finding  that  unless  the respondent is detained there is a substantial
 probability that the respondent will not appear in court on  the  return
 date and all available alternatives to detention have been exhausted.
   (b)  Unless  the respondent waives a determination that probable cause
 exists to believe that he  is  a  person  in  need  of  supervision,  no
 detention  under  this  section may last more than three days (i) unless
 the court finds, pursuant to the evidentiary standards applicable  to  a
 hearing  on  a  felony complaint in a criminal court, that such probable
 cause exists, or (ii) unless special circumstances exist, in which cases
 such detention may be extended not more than an  additional  three  days
 exclusive of Saturdays, Sundays and public holidays.
   (c)  Upon  a  finding  of  facts and reasons which support a detention
 order pursuant to subdivision (a) of this section, the court shall  also
 determine and state in any order directing detention:
   (i)  whether  continuation  of the respondent in the respondent's home
 would be contrary to the best interests of the  respondent  based  upon,
 and limited to, the facts and circumstance available to the court at the
 time of the court's determination in accordance with this section; and
   (ii)  where appropriate, whether reasonable efforts were made prior to
 the date of the court order directing detention in accordance with  this
 section,  to prevent or eliminate the need for removal of the respondent
 from his or her home or, if the respondent had been removed from his  or
 her  home  prior to the court appearance pursuant to this section, where
 appropriate, whether reasonable efforts were made to  make  it  possible
 for the respondent to safely return home].
   §  91.  Section 741-a of the family court act, as amended by section 3
 of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
 follows:
   §  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

 S. 2006                            130                           A. 3006
 
 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.
   § 92. Section 747 of the family court act is REPEALED.
   § 93. Section 748 of the family court act is REPEALED.
   §  94.  Subdivision  (b)  of  section  749 of the family court act, as
 amended by chapter 806 of the laws  of  1973,  is  amended  to  read  as
 follows:
   (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
 conclusion of a fact-finding hearing or during a  dispositional  hearing
 to  enable  it  to  make  inquiry  into the surroundings, conditions and
 capacities of the respondent. An [adjournment on the court's motion  may
 not be for a period of more than ten days if the respondent is detained,
 in  which  case  not  more  than a total of two such adjournments may be
 granted in the absence of special circumstances. If  the  respondent  is
 not  detained,  an]  adjournment  may  be for a reasonable time, but the
 total number of adjourned days may not exceed two months.
   § 95. Paragraph (a) of subdivision 2 of  section  754  of  the  family
 court  act,  as  amended  by chapter 7 of the laws of 1999, subparagraph
 (ii) of paragraph (a) as amended by section 20 of part L of  chapter  56
 of the laws of 2015, is amended to read as follows:
   (a)  The  order  shall  state  the  court's reasons for the particular
 disposition. If the court places the child in  accordance  with  section
 seven  hundred  fifty-six  of  this  part,  the court in its order shall
 determine: (i) whether continuation in the child's home would be contra-
 ry to the best interest of the child and where appropriate, that reason-
 able efforts were made prior to the date of  the  dispositional  hearing
 held  pursuant  to  this  article  to  prevent or eliminate the need for
 removal of the child from his or her home and, if the child was  removed
 from  his  or  her  home  prior  to  the date of such hearing, that such
 removal was in the child's best interest and, where appropriate, reason-
 able efforts were made to make it possible for the child to return safe-
 ly home. If the court determines that reasonable efforts to  prevent  or
 eliminate  the need for removal of the child from the home were not made
 but that the lack of such efforts  was  appropriate  under  the  circum-
 stances,  the  court order shall include such a finding; and (ii) in the
 case of a child who has attained the age of fourteen, the services need-
 ed, if any, to assist the child to make the transition from foster  care
 to  independent  living. [Nothing in this subdivision shall be construed
 to modify the standards for directing detention  set  forth  in  section
 seven hundred thirty-nine of this article.]
   §  96.  Section 756 of the family court act, as amended by chapter 920
 of the laws of 1982, paragraph (i) of  subdivision  (a)  as  amended  by
 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
 of  subdivision  (a) as amended by section 11 of part G of chapter 58 of
 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
 1999, and subdivision (c) as amended by section 10 of part E of  chapter
 57 of the laws of 2005, is amended to read as follows:
   §  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.

 S. 2006                            131                           A. 3006

   (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.]
   § 97. Section 758-a of the family court act, as amended by chapter  73
 of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
 laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
 1996, and subdivision 3 as separately amended by chapter 568 of the laws
 of 1979, is amended to read as follows:
   § 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

 S. 2006                            132                           A. 3006

 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.
   §  98.  Section  774  of  the  family  court act is amended to read as
 follows:
   § 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.
   § 98-a. Article 6 of the social services law is amended  by  adding  a
 new title 12 to read as follows:
                                 TITLE 12
                          FAMILY SUPPORT CENTERS

 S. 2006                            133                           A. 3006
 
 SECTION 458-M. FAMILY SUPPORT CENTERS.
         458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
   §  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 AND HELP PREVENT THE OUT OF HOME PLACE-
 MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH  REFERRALS  WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D)  MENTAL  AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER-
 VENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES;
   (G) EDUCATION ADVOCACY; AND
   (H) OTHER FAMILY SUPPORT SERVICES.
   3. THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA  RESPONSIVE,  FAMILY
 FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS
 BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED NEEDS OF THE CHILD AND
 FAMILY  BASED ON THE ASSESSMENTS AND SCREENINGS CONDUCTED BY SUCH FAMILY
 SUPPORT CENTER.
   4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY  TO  SERVE  FAMILIES
 OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS AND WEEKENDS.
   §  458-N.  FUNDING  FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, TO THE  EXTENT  THAT  FUNDS  ARE
 AVAILABLE  FOR  SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL  SERVICES  DISTRICTS
 TO  CONTRACT  WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT
 CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC
 PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  WHEN
 DETERMINING  THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS
 SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE,  BUT  ARE
 NOT NECESSARILY LIMITED TO:
   (A)  THE  TOTAL  AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING
 REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES  OUTLINED  IN
 SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE;
   (B)  RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY
 INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
   (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT  TO  PREVENT  OR
 REDUCE  DETENTION  OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT; AND
   (II)  RELATIVE  TO  THE  YOUTH  POPULATION  OF  SUCH  SOCIAL  SERVICES
 DISTRICT:
   (1)  THE  NUMBER  OF  PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE
 FAMILY COURT ACT; OR
   (2) THE NUMBER  OF  PLACEMENTS  OF  YOUTH  INTO  RESIDENTIAL  CARE  OR
 DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
   (C)  ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT
 TO SUBDIVISION THREE  OF  THIS  SECTION  FOR  PROGRAMS  THAT  PREVIOUSLY
 RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
   (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.

 S. 2006                            134                           A. 3006
 
   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.
   §  98-b.  Subdivisions  3, 3-a, 11 and 12 of section 398 of the social
 services law, subdivision 3 as amended by chapter 419  of  the  laws  of
 1987,  paragraph (c) of subdivision 3 as amended by section 19 of part E
 of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
 as added by chapter 514 of the  laws  of  1976  and  subdivision  12  as
 amended  by  section 12 of subpart B of part Q of chapter 58 of the laws
 of 2011, are amended to read as follows:
   3. As to delinquent children [and persons in need of supervision]:
   (a) Investigate complaints as to alleged delinquency of a child.
   (b) Bring such case of alleged delinquency when necessary  before  the
 family court.
   (c)  Receive  within  fifteen  days  from  the order of placement as a
 public charge any delinquent child committed or  placed  [or  person  in
 need  of  supervision  placed]  in  his  or her care by the family court
 provided, however, that the commissioner of the social services district
 with whom the child is placed may apply to the state commissioner or his
 or her designee for approval of an additional fifteen days, upon written
 documentation to the office of children and  family  services  that  the
 youth  is in need of specialized treatment or placement and the diligent
 efforts by the commissioner of social services to locate an  appropriate
 placement.
   [3-a. As to delinquent children:
   (a)] (D) (1) Conditionally release any juvenile delinquent placed with
 the  district  to aftercare whenever the district determines conditional
 release to be consistent with the needs and best interests of such juve-
 nile delinquent, that suitable care and supervision can be provided, and
 that there is a reasonable probability that such juvenile delinquent can
 be conditionally released without endangering public  safety;  provided,
 however,  that such conditional release shall be made in accordance with
 the regulations of the office  of  children  and  family  services,  and
 provided further that no juvenile delinquent while absent from a facili-
 ty  or  program  without the consent of the director of such facility or
 program shall be conditionally released by the district solely by reason
 of the absence.
   (2) It shall be a condition of such release that a juvenile delinquent
 so released shall continue  to  be  the  responsibility  of  the  social
 services district for the period provided in the order of placement.
   (3)  The  social  services district may provide clothing, services and
 other necessities for any conditionally released juvenile delinquent, as
 may be required, including medical care and  services  not  provided  to
 such  juvenile delinquent as medical assistance for needy persons pursu-
 ant to title eleven of article five of this chapter.
   (4) The social services district, pursuant to the regulations  of  the
 office  of children and family services, may cause a juvenile delinquent
 to be returned to a facility operated and maintained by the district, or
 an authorized agency under contract with the district, at any time with-
 in the period of placement, where there is a violation of the conditions
 of release or a change of circumstances.
   (5) Juvenile delinquents conditionally released by a  social  services
 district may be provided for as follows:

 S. 2006                            135                           A. 3006
 
   (i)  If,  in  the opinion of the social services district, there is no
 suitable parent, relative or guardian to whom a juvenile delinquent  can
 be  conditionally  released,  and  suitable  care  cannot  otherwise  be
 secured, the district may conditionally release such juvenile delinquent
 to the care of any other suitable person; provided that where such suit-
 able  person  has  no legal relationship with the juvenile, the district
 shall advise such person of the  procedures  for  obtaining  custody  or
 guardianship of the juvenile.
   (ii)  If  a  conditionally  released juvenile delinquent is subject to
 article sixty-five of the education law or elects to participate  in  an
 educational program leading to a high school diploma, he or she shall be
 enrolled  in  a  school  or educational program leading to a high school
 diploma following release, or, if such release occurs during the  summer
 recess,  upon  the  commencement  of  the  next school term. If a condi-
 tionally released juvenile delinquent is not subject to  article  sixty-
 five  of  the  education  law,  and  does not elect to participate in an
 educational program leading to a high school  diploma,  steps  shall  be
 taken,  to the extent possible, to facilitate his or her gainful employ-
 ment or enrollment in a vocational program following release.
   [(b)] (E) When a juvenile delinquent placed with the  social  services
 district  is  absent  from placement without consent, such absence shall
 interrupt the calculation of time for his or her placement. Such  inter-
 ruption  shall  continue  until  such juvenile delinquent returns to the
 facility or authorized agency in which he or she was  placed.  Provided,
 however,  that  any  time spent by a juvenile delinquent in custody from
 the date of absence to the date  placement  resumes  shall  be  credited
 against the time of such placement provided that such custody:
   (1) was due to an arrest or surrender based upon the absence; or
   (2)  arose from an arrest or surrender on another charge which did not
 culminate in a conviction, adjudication or adjustment.
   [(c)] (F) In addition to the other requirements of  this  section,  no
 juvenile  delinquent placed with a social services district operating an
 approved juvenile justice services close to home initiative pursuant  to
 section  four  hundred  four  of  this chapter pursuant to a restrictive
 placement under the family court act shall be released  except  pursuant
 to section 353.5 of the family court act.
   11.  In  the  case  of a child who is adjudicated [a person in need of
 supervision or] a juvenile delinquent and is placed by the family  court
 with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
 who is placed by [the division for youth] SUCH OFFICE with an authorized
 agency  pursuant to court order, the social services official shall make
 expenditures in accordance with the regulations of  the  department  for
 the care and maintenance of such child during the term of such placement
 subject  to  state  reimbursement pursuant to SECTION ONE HUNDRED FIFTY-
 THREE-K OF this [title, or article nineteen-G of the  executive  law  in
 applicable cases] ARTICLE.
   12.  A  social  services  official shall be permitted to place persons
 adjudicated [in need of supervision or] delinquent[, and alleged persons
 to be in need of supervision] in detention pending transfer to a  place-
 ment, in the same foster care facilities as are providing care to desti-
 tute,  neglected, abused or abandoned children. Such foster care facili-
 ties shall not provide care to a youth in the care of a social  services
 official as a convicted juvenile offender.
   §  98-c. Paragraph (a) of subdivision 1 of section 409-a of the social
 services law, as amended by chapter 87 of the laws of 1993, subparagraph
 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)

 S. 2006                            136                           A. 3006
 
 as amended by section 22 of part C of chapter 83 of the laws of 2002, is
 amended to read as follows:
   (a)  A social services official shall provide preventive services to a
 child and his or her family, in accordance  with  the  family's  service
 plan  as required by section four hundred nine-e of this [chapter] ARTI-
 CLE and the social  services  district's  child  welfare  services  plan
 submitted  and  approved pursuant to section four hundred nine-d of this
 [chapter] ARTICLE, upon a finding by such official that [(i)] the  child
 will  be  placed,  returned  to  or continued in foster care unless such
 services are provided and that it  is  reasonable  to  believe  that  by
 providing  such  services  the  child  will be able to remain with or be
 returned to his or her family, and for a former foster care youth  under
 the  age of twenty-one who was previously placed in the care and custody
 or custody and guardianship of the local commissioner of social services
 or other officer, board or department authorized to receive children  as
 public  charges where it is reasonable to believe that by providing such
 services the former foster care youth will avoid a return to foster care
 [or (ii) the child is the subject of a petition under article  seven  of
 the  family  court act, or has been determined by the assessment service
 established pursuant to section two hundred forty-three-a of the  execu-
 tive  law,  or by the probation service where no such assessment service
 has been designated, to be at risk of being the subject of such a  peti-
 tion,  and  the social services official determines that the child is at
 risk of placement into foster care]. Such finding shall  be  entered  in
 the  child's  uniform case record established and maintained pursuant to
 section four hundred nine-f of this [chapter] ARTICLE.  The commissioner
 shall promulgate regulations to  assist  social  services  officials  in
 making  determinations  of  eligibility for mandated preventive services
 pursuant to this [subparagraph] PARAGRAPH.
   § 99. Subdivision 1,  the  opening  paragraph  of  subdivision  2  and
 subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
 529-b of the executive law, as added by section 3 of subpart B of part Q
 of chapter 58 of the laws of 2011, are amended to read as follows:
   1.  (a) Notwithstanding any provision of law to the contrary, eligible
 expenditures by an eligible municipality for services to divert youth at
 risk of, alleged to be,  or  adjudicated  as  juvenile  delinquents  [or
 persons  alleged  or adjudicated to be in need of supervision], or youth
 alleged to be or convicted  as  juvenile  offenders  from  placement  in
 detention or in residential care shall be subject to state reimbursement
 under  the  supervision and treatment services for juveniles program for
 up to sixty-two percent of the municipality's expenditures,  subject  to
 available  appropriations and exclusive of any federal funds made avail-
 able for such purposes, not to exceed  the  municipality's  distribution
 under the supervision and treatment services for juveniles program.
   (b)  The  state  funds  appropriated for the supervision and treatment
 services for juveniles program shall be distributed to eligible  munici-
 palities  by  the office of children and family services based on a plan
 developed by  the  office  which  may  consider  historical  information
 regarding  the  number  of youth seen at probation intake for an alleged
 act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE  OF
 THE  FAMILY  COURT  ACT,  the number of youth remanded to detention, the
 number of juvenile delinquents placed with the  office,  the  number  of
 juvenile  delinquents  [and  persons  in  need of supervision] placed in
 residential care with the municipality, the municipality's reduction  in
 the  use  of  detention and residential placements, and other factors as

 S. 2006                            137                           A. 3006
 
 determined by the office. Such plan developed by  the  office  shall  be
 subject  to  the  approval  of the director of the budget. The office is
 authorized, in its discretion, to make advance distributions to a  muni-
 cipality in anticipation of state reimbursement.
   As  used in this section, the term "municipality" shall mean a county,
 or a city having a population of one million or more,  and  "supervision
 and   treatment  services  for  juveniles"  shall  mean  community-based
 services or programs designed to safely maintain youth in the  community
 pending  a  family court disposition or conviction in criminal court and
 services or programs provided to youth adjudicated  as  juvenile  delin-
 quents [or persons in need of supervision,] or youth alleged to be juve-
 nile  offenders  to  prevent  residential  placement  of such youth or a
 return to placement where such youth have been released to the community
 from residential placement OR PROGRAMS  PROVIDED  TO  YOUTH  ADJUDICATED
 PERSONS  IN  NEED  OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
 Supervision and treatment services for juveniles may include but are not
 limited to services or programs that:
   (i) an analysis that identifies the neighborhoods or communities  from
 which  the  greatest number of juvenile delinquents [and persons in need
 of supervision] are remanded to detention or  residentially  placed  AND
 FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 ARE OFFERED DIVERSION SERVICES;
   (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;
   §  100.  The  opening paragraph and paragraph (a) of subdivision 2 and
 subdivisions 4, 5, 6 and 7 of section 530  of  the  executive  law,  the
 opening  paragraph  of  subdivision  2  and  subdivision 4 as amended by
 section 4 of subpart B of part Q of chapter 58  of  the  laws  of  2011,
 paragraph  (a)  of  subdivision  2  as amended by section 1 of part M of
 chapter 57 of the laws of 2012, subdivision 5 as amended by chapter  920
 of the laws of 1982, subparagraphs 1, 2 and 4 of paragraph (a) and para-
 graph  (b) of subdivision 5 as amended by section 5 of subpart B of part
 Q of chapter 58 of the laws of 2011, subdivision 6 as amended by chapter
 880 of the laws of 1976, and subdivision 7 as amended by  section  6  of
 subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
 read as follows:
   [Expenditures] EXCEPT AS PROVIDED FOR IN  SUBDIVISION  EIGHT  OF  THIS
 SECTION,  EXPENDITURES made by municipalities in providing care, mainte-
 nance and supervision to youth in detention facilities designated pursu-
 ant to [sections seven hundred twenty and] SECTION 305.2 of  the  family
 court  act  and certified by [the division for youth] OFFICE OF CHILDREN
 AND FAMILY SERVICES, shall be subject to reimbursement by the state,  as
 follows:
   (a)  Notwithstanding  any  provision  of law to the contrary, eligible
 expenditures by a municipality during a particular program year for  the
 care,  maintenance and supervision [in foster care programs certified by
 the office of children and family services, certified or approved family
 boarding homes, and non-secure detention  facilities  certified  by  the
 office  for  those youth alleged to be persons in need of supervision or
 adjudicated persons in need of supervision held pending  transfer  to  a
 facility upon placement; and] in secure and non-secure detention facili-
 ties  certified  by  the  office in accordance with section five hundred
 three of this article for those youth  alleged  to  be  juvenile  delin-

 S. 2006                            138                           A. 3006
 
 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 TWENTY, YOUTH
 ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED  PERSONS  IN
 NEED  OF  SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT
 IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES,  CERTIFIED  OR  APPROVED FAMILY BOARDING HOMES, AND NON-SECURE
 DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to  state
 reimbursement  for  up  to  fifty percent of the municipality's expendi-
 tures, exclusive of any federal funds made available for such  purposes,
 not  to exceed the municipality's distribution from funds that have been
 appropriated specifically therefor for that program year. Municipalities
 shall implement the use of detention risk assessment  instruments  in  a
 manner  prescribed  by  the  office so as to inform detention decisions.
 Notwithstanding any other provision of state law to the  contrary,  data
 necessary  for  completion of a detention risk assessment instrument may
 be shared among law enforcement, probation, courts,  detention  adminis-
 trators,  detention  providers,  and  the  attorney  for  the child upon
 retention or appointment; solely for the purpose of accurate  completion
 of  such  risk  assessment  instrument,  and  a  copy  of  the completed
 detention risk assessment instrument shall  be  made  available  to  the
 applicable detention provider, the attorney for the child and the court.
   4.  (a) The municipality must notify the office of children and family
 services of state aid received under other state aid  formulas  by  each
 detention  facility  for which the municipality is seeking reimbursement
 pursuant to this section, including but not limited to, aid  for  educa-
 tion, probation and mental health services.
   (b)  EXCEPT  AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:  (I) In
 computing reimbursement to the municipality pursuant  to  this  section,
 the  office shall insure that the aggregate of state aid under all state
 aid formulas shall not exceed fifty percent of the cost of care, mainte-
 nance  and  supervision  provided  to  detainees  eligible   for   state
 reimbursement under subdivision two of this section, exclusive of feder-
 al  aid for such purposes not to exceed the amount of the municipality's
 distribution under the juvenile detention services program.
   [(c)] (II) Reimbursement for administrative  related  expenditures  as
 defined  by  the  office of children and family services, for secure and
 nonsecure detention services shall not exceed seventeen percent  of  the
 total  approved  expenditures for facilities of twenty-five beds or more
 and shall not exceed twenty-one percent of the total  approved  expendi-
 tures for facilities with less than twenty-five beds.
   5.  (a) Except as provided in paragraph (b) of this subdivision, care,
 maintenance and supervision for the purpose of this section  shall  mean
 and include only:
   (1)  temporary  care,  maintenance and supervision provided TO alleged
 juvenile delinquents and persons in need  of  supervision  in  detention
 facilities certified pursuant to sections seven hundred twenty and 305.2
 of  the  family court act by the office of children and family services,
 pending adjudication of alleged delinquency or alleged  need  of  super-
 vision by the family court, or pending transfer to institutions to which
 committed  or placed by such court or while awaiting disposition by such
 court after adjudication or held pursuant to a securing order of a crim-

 S. 2006                            139                           A. 3006
 
 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 TWENTY, 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 TWENTY, temporary care, main-
 tenance and supervision provided youth detained in foster  care  facili-
 ties  or certified or approved family boarding homes pursuant to article
 seven of the family court act.
   (b) Payments made for reserved accommodations, whether or not in  full
 time  use,  approved  AND CERTIFIED by the office of children and family
 services [and certified pursuant to sections seven  hundred  twenty  and
 305.2  of the family court act], in order to assure that adequate accom-
 modations will be available for the immediate reception and proper  care
 therein  of youth for which detention costs are reimbursable pursuant to
 paragraph (a) of this subdivision, shall be reimbursed  as  expenditures
 for  care,  maintenance  and  supervision  under  the provisions of this
 section, provided the office shall have given  its  prior  approval  for
 reserving such accommodations.
   6.  The  [director  of  the division for youth] OFFICE OF CHILDREN AND
 FAMILY SERVICES may adopt, amend, or rescind all rules and  regulations,
 subject  to the approval of the director of the budget and certification
 to the chairmen of the  senate  finance  and  assembly  ways  and  means
 committees, necessary to carry out the provisions of this section.
   7.  The agency administering detention for each county and the city of
 New York shall submit to the office of children and family services,  at
 such  times  and in such form and manner and containing such information
 as required by the office of children and  family  services,  an  annual
 report on youth remanded pursuant to article three or seven of the fami-
 ly  court  act  who  are  detained  during each calendar year including,
 commencing January first, two thousand twelve, the risk  level  of  each
 detained  youth  as  assessed  by a detention risk assessment instrument
 approved by the office of children and family services PROVIDED,  HOWEV-
 ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER-
 EAFTER 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

 S. 2006                            140                           A. 3006
 
 submit a compilation of all the separate reports to the governor and the
 legislature.
   §  100-a.  Subparagraph  1  of paragraph d of subdivision 3 of section
 3214 of the education law, as amended by chapter  425  of  the  laws  of
 2002, is amended to read as follows:
   (1)  Consistent  with  the  federal  gun-free  schools act, any public
 school pupil who is determined under this subdivision to have brought  a
 firearm  to or possessed a firearm at a public school shall be suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil participating in a program operated by a  public  school  district
 using  funds from the elementary and secondary education act of nineteen
 hundred sixty-five who is determined  under  this  subdivision  to  have
 brought  a firearm to or possessed a firearm at a public school or other
 premises used by the school district to provide such programs  shall  be
 suspended  for  a period of not less than one calendar year from partic-
 ipation in such program. The procedures of this subdivision shall  apply
 to  such  a  suspension of a nonpublic school pupil. A superintendent of
 schools, district superintendent of schools or community  superintendent
 shall  have the authority to modify this suspension requirement for each
 student on a case-by-case basis. The determination of  a  superintendent
 shall  be  subject to review by the board of education pursuant to para-
 graph c of this subdivision and the  commissioner  pursuant  to  section
 three  hundred ten of this chapter. Nothing in this subdivision shall be
 deemed to authorize the suspension of a student  with  a  disability  in
 violation  of the individuals with disabilities education act or article
 eighty-nine of this chapter. A  superintendent  shall  refer  the  pupil
 under the age of sixteen who has been determined to have brought a weap-
 on  or  firearm to school in violation of this subdivision to a present-
 ment agency for a juvenile delinquency proceeding consistent with  arti-
 cle  three  of the family court act except a student fourteen or fifteen
 years of age who qualifies for juvenile offender status  under  subdivi-
 sion  forty-two  of section 1.20 of the criminal procedure law; PROVIDED
 HOWEVER, THAT COMMENCING ON JANUARY  FIRST,  TWO  THOUSAND  NINETEEN,  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 TWENTY,
 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.
   § 100-b. Paragraph b of subdivision 4 of section 3214 of the education
 law, as amended by chapter 181 of the laws of 2000, is amended  to  read
 as follows:

 S. 2006                            141                           A. 3006
 
   b.  The  school  authorities  may institute proceedings before a court
 having jurisdiction to determine the liability of a person  in  parental
 relation  to  contribute  towards the maintenance of a school delinquent
 under [sixteen] SEVENTEEN years of age OR COMMENCING JANUARY FIRST,  TWO
 THOUSAND  TWENTY,  UNDER  EIGHTEEN  YEARS  OF AGE ordered to attend upon
 instruction under confinement. If the court shall  find  the  person  in
 parental  relation  able to contribute towards the maintenance of such a
 minor, it may issue an order fixing the amount to be paid weekly.
   § 101. The executive law is amended by adding a new section  259-p  to
 read as follows:
   § 259-P. INTERSTATE DETENTION. (1) NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
 ARTICLE,  MAY  BE  DETAINED  AS AUTHORIZED BY THE INTERSTATE COMPACT FOR
 ADULT OFFENDER SUPERVISION.
   (2) A DEFENDANT SHALL BE DETAINED AT A  LOCAL  CORRECTIONAL  FACILITY,
 EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   (3)  (A)  A  DEFENDANT  SIXTEEN YEARS OF AGE OR YOUNGER, WHO ALLEGEDLY
 COMMITS A CRIMINAL ACT OR VIOLATION OF HIS  OR  HER  SUPERVISION  ON  OR
 AFTER  JANUARY FIRST, TWO THOUSAND NINETEEN OR (B) A DEFENDANT SEVENTEEN
 YEARS OF AGE  OR  YOUNGER  WHO  ALLEGEDLY  COMMITS  A  CRIMINAL  ACT  OR
 VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY.
   §  102.  Subdivision 4 of section 246 of the executive law, as amended
 by section 10 of part D of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4.  An approved plan and compliance with  standards  relating  to  the
 administration  of probation services promulgated by the commissioner of
 the division of criminal justice services shall  be  a  prerequisite  to
 eligibility for state aid.
   The commissioner of the division of criminal justice services may take
 into  consideration  granting additional state aid from an appropriation
 made for state aid for county probation services  for  counties  or  the
 city of New York when a county or the city of New York demonstrates that
 additional  probation  services  were dedicated to intensive supervision
 programs[,] AND  intensive  programs  for  sex  offenders  [or  programs
 defined  as juvenile risk intervention services]. THE COMMISSIONER SHALL
 GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED  TO  JUVENILE
 RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
 ARTICLE THREE OF THE FAMILY COURT ACT. The administration of such  addi-
 tional  grants  shall be made according to rules and regulations promul-
 gated by the commissioner of the division of criminal justice  services.
 Each  county  and  the  city  of New York shall certify the total amount
 collected pursuant to section two hundred fifty-seven-c of this chapter.
 The commissioner of the division  of  criminal  justice  services  shall
 thereupon  certify  to  the  comptroller for payment by the state out of
 funds appropriated for that purpose, the amount to which the  county  or
 the  city  of New York shall be entitled under this section. THE COMMIS-
 SIONER SHALL, SUBJECT  TO  AN  APPROPRIATION  MADE  AVAILABLE  FOR  SUCH
 PURPOSE,  ESTABLISH  AND  PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
 CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH  ALLEGED  OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN  ACCORDANCE  WITH  THE CRIMINAL PROCEDURE LAW.  SUCH ADDITIONAL STATE
 AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED  PERCENT  OF
 THE  EXPENDITURES  FOR  EVIDENCE-BASED  PRACTICES  AND JUVENILE RISK AND

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 EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS  OF
 AGE  OR  OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED
 ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
   §  103.  The second undesignated paragraph of subdivision 4 of section
 246 of the executive law, as added by chapter 479 of the laws  of  1970,
 is amended to read as follows:
   [The  director  shall thereupon certify to the comptroller for payment
 by the state out of funds appropriated for that purpose, the  amount  to
 which  the  county  or the city of New York shall be entitled under this
 section.]
   THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY TAKE
 INTO CONSIDERATION GRANTING ADDITIONAL STATE AID FROM  AN  APPROPRIATION
 MADE  FOR  STATE  AID  FOR COUNTY PROBATION SERVICES FOR COUNTIES OR THE
 CITY OF NEW YORK WHEN A COUNTY OR THE CITY OF NEW YORK DEMONSTRATES THAT
 ADDITIONAL PROBATION SERVICES WERE DEDICATED  TO  INTENSIVE  SUPERVISION
 PROGRAMS  AND  INTENSIVE  PROGRAMS FOR SEX OFFENDERS.   THE COMMISSIONER
 SHALL GRANT ADDITIONAL STATE AID  FROM  AN  APPROPRIATION  DEDICATED  TO
 JUVENILE  RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPART-
 MENTS WHICH SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  PROBATION  SERVICES
 PERFORMED  UNDER  ARTICLE  THREE  OF THE FAMILY COURT ACT.  THE ADMINIS-
 TRATION OF SUCH ADDITIONAL GRANTS SHALL BE MADE ACCORDING TO  RULES  AND
 REGULATIONS  PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
 JUSTICE SERVICES. EACH COUNTY AND THE CITY OF NEW YORK SHALL CERTIFY THE
 TOTAL AMOUNT COLLECTED PURSUANT TO SECTION TWO HUNDRED FIFTY-SEVEN-C  OF
 THIS  CHAPTER.  THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL JUSTICE
 SERVICES SHALL THEREUPON CERTIFY TO THE COMPTROLLER FOR PAYMENT  BY  THE
 STATE  OUT  OF  FUNDS APPROPRIATED FOR THAT PURPOSE, THE AMOUNT TO WHICH
 THE COUNTY OR THE CITY OF NEW YORK SHALL BE ENTITLED UNDER THIS SECTION.
 THE COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE  AVAILABLE  FOR
 SUCH PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR
 A CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW.
   §  104.  The state finance law is amended by adding a new section 54-m
 to read as follows:
   § 54-M. WAIVER OF LOCAL SHARE REQUIREMENTS ASSOCIATED WITH  INCREASING
 THE  AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS. 1.  NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY THAT IS SUBJECT
 TO SECTION THREE-C OF THE GENERAL MUNICIPAL LAW MAY  APPLY  TO  THE  NEW
 YORK  STATE  DIVISION  OF  BUDGET TO REQUEST A WAIVER OF THE LOCAL SHARE
 REQUIREMENT OF ANY EXPENSE THAT IT WOULD  NOT  HAVE  OTHERWISE  INCURRED
 ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 THAT  INCREASED  THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF
 AGE.
   2. REQUEST FOR A WAIVER PURSUANT TO THIS SECTION SHALL BE MADE IN  THE
 TIME AND MANNER AS REQUIRED BY THE DIVISION OF BUDGET, AND MUST CONTAIN,
 AT MINIMUM:
   (A) A DEMONSTRATION OF FISCAL HARDSHIP;
   (B) A CERTIFICATION FROM THE CHIEF EXECUTIVE OFFICER OR BUDGET OFFICER
 OF  SUCH  COUNTY  TO  THE  STATE  BUDGET DIRECTOR THAT THE COUNTY'S MOST
 RECENTLY ADOPTED BUDGET DOES NOT EXCEED THE TAX LEVY LIMIT PRESCRIBED IN
 SECTION THREE-C OF THE GENERAL MUNICIPAL LAW AND, IF THE GOVERNING  BODY
 OF THE COUNTY DID ENACT A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT, THAT

 S. 2006                            143                           A. 3006
 
 SUCH  LOCAL  LAW  WAS SUBSEQUENTLY REPEALED; SUCH CERTIFICATION SHALL BE
 MADE IN A FORM AND MANNER PRESCRIBED BY THE STATE BUDGET DIRECTOR;
   (C)  A  PLAN  DEVELOPED  BY  THE COUNTY THAT SHOWS HOW THE COUNTY WILL
 APPROPRIATELY IMPLEMENT THE REQUIREMENTS OF THE CHAPTER OF THE  LAWS  OF
 TWO  THOUSAND  SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION
 ABOVE FIFTEEN YEARS OF AGE;
   (D) THE SPECIFIC EXPENSES AND ASSOCIATED LOCAL SHARE OF SUCH  EXPENSES
 THAT THE COUNTY IS SEEKING A WAIVER FOR; AND
   (E)  ANY  OTHER  INFORMATION  THAT  MAY BE REQUIRED BY THE DIVISION OF
 BUDGET.
   3. IN DECIDING WHETHER TO GRANT APPROVAL  OF  A  WAIVER  REQUEST  MADE
 PURSUANT  TO THIS SECTION, THE DIVISION OF BUDGET SHALL CONSULT WITH THE
 APPLICABLE STATE AGENCY OR AGENCIES THAT OVERSEE THE SERVICES FOR  WHICH
 THE COUNTY IS SEEKING A WAIVER OF ITS LOCAL SHARE.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 STATE ASSISTANCE GRANTED IN ASSOCIATION WITH A WAIVER ISSUED PURSUANT TO
 THIS SECTION SHALL BE SUBJECT TO AN APPROPRIATION AND SHALL ONLY BE MADE
 TO THE EXTENT THAT FUNDS ARE AVAILABLE SPECIFICALLY THEREFOR.
   § 105. 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.
   § 106. This act shall take effect immediately; provided that:
   a. sections forty-eight and  forty-eight-a  of  this  act  shall  take
 effect  on  the  one hundred and eightieth day after this act shall have
 become a law and shall be deemed to apply to  offenses  committed  prior
 to, on, or after such effective date;
   b.  sections  one  through  forty-one, forty-four through forty-seven,
 forty-nine, fifty-four through seventy-two, seventy-four through eighty,
 one hundred-a, one hundred-b and one hundred one of this act shall  take
 effect  January  1, 2019; provided, however, that when the applicability
 of such provision is dependent on the age of the youth that  is  alleged
 or  adjudicated  to have been committed or is convicted of a crime or an
 act that would constitute a crime if committed by an adult:
   (i) effective January 1, 2019, such  provisions  shall  be  deemed  to
 apply to youth who have been alleged to have committed, adjudicated for,
 or  convicted  of,  an  offense that occurred on or after such effective
 date and who were 16 years of age at the time the offense occurred, and
   (ii) effective January 1, 2020, such provisions  shall  be  deemed  to
 apply to youth who have been alleged to have committed, adjudicated for,
 or  convicted  of,  an  offense that occurred on or after such effective
 date and who were seventeen years  of  age  at  the  time  such  offense
 occurred;
   c.  sections  ninety-eight-a  and one hundred two and one hundred four
 shall take effect April 1, 2018;
   d. sections eighty-three through  ninety-eight  and  sections  ninety-
 eight-b  through  one  hundred  of this act shall take effect January 1,
 2020 and shall be deemed to be applicable to the detention or  placement
 of  youth  pursuant  to petitions filed pursuant to article seven of the
 family court act on or after such effective date;

 S. 2006                            144                           A. 3006
 
   e. sections forty-two and forty-three of this act  shall  take  effect
 January 1, 2021;
   f.  the  amendments to subdivision 1 of section 70.20 of the penal law
 made by section forty-two of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith;
   g. the amendments to paragraph d of subdivision 3 of section  3214  of
 the  education  law  made by section one hundred-a of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith;
   h.  the  amendments  to  subdivision  4 of section 353.5 of the family
 court act made by section seventy-two of this act shall  be  subject  to
 the  expiration and reversion of such subdivision pursuant to section 11
 of subpart A of part G of chapter 57 of the laws of  2012,  as  amended,
 when  upon such date the provisions of section seventy-three of this act
 shall take effect; provided, however if such date of reversion is  prior
 to  January 1, 2019, section seventy-three of this act shall take effect
 on January 1, 2019;
   i.  the amendments to subdivision 3-a of section  398  of  the  social
 services law made by section ninety-eight-b of this act shall not affect
 the  expiration  of such subdivision and shall be deemed repealed there-
 with;
   j. the amendments to subparagraph (ii) of paragraph (a) of subdivision
 1 of section 409-a of the social services law made  by  section  ninety-
 eight-c of this act shall not affect the expiration of such subparagraph
 and shall be deemed to expire therewith;
   k.  the amendments to the second undesignated paragraph of subdivision
 4 of section 246 of the executive law made by section one hundred two of
 this act shall be subject to the expiration and reversion of such undes-
 ignated paragraph as provided in subdivision  (aa)  of  section  427  of
 chapter  55 of the laws of 1992, as amended, when upon such date section
 one hundred three of this act shall take effect;  provided,  however  if
 such  date  of  reversion is prior to April 1, 2018, section one hundred
 three of this act shall take effect on April 1, 2018;
   l. the amendments to paragraph (f) of subdivision 1 of  section  70.30
 of  the  penal  law  made  by section forty-four-a of this act shall not
 affect the expiration and reversion of such paragraph and  shall  expire
 and be deemed repealed therewith; and
   m.  if  chapter 492 of the laws of 2016 shall not have taken effect on
 or before such date then section sixteen of this act shall  take  effect
 on  the  same date and in the same manner as such chapter of the laws of
 2016, takes effect.
 
                                  PART K
 
   Section 1. This part enacts into law major components  of  legislation
 which are necessary for the financing of various child welfare services.
 Each  component  is  wholly  contained  within  a  subpart identified as
 subparts A through B. The effective date for each  particular  provision
 contained  within  a  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 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 three of this  part
 sets forth the general effective date of this part.

 S. 2006                            145                           A. 3006
 
                                 SUBPART A
 
   Section  1.  Section  28  of part C of chapter 83 of the laws of 2002,
 amending the executive law and other laws relating to funding for  chil-
 dren  and  family services, as amended by section 1 of part F of chapter
 57 of the laws of 2012, is amended to read as follows:
   § 28. This act shall take effect immediately; provided  that  sections
 nine  through eighteen and twenty through twenty-seven of this act shall
 be deemed to have been in full force and effect on and  after  April  1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002  except as provided in subdivision 9 of section 153-k of the social
 services law as added by section fifteen of this act;  provided  further
 however, that nothing in this act shall authorize the office of children
 and  family  services  to  deny state reimbursement to a social services
 district for violations of the provisions of section 153-d of the social
 services law for services provided from January 1,  1994  through  March
 31,  2002;  provided that section nineteen of this act shall take effect
 September 13, 2002 and shall expire and  be  deemed  repealed  June  30,
 2012;  and,  provided  further, however, that notwithstanding any law to
 the contrary, the office of children and family services shall have  the
 authority  to  promulgate,  on  an  emergency basis, any rules and regu-
 lations necessary to implement the requirements established pursuant  to
 this  act;  provided further, however, that the regulations to be devel-
 oped pursuant to section one of this act shall not be adopted  by  emer-
 gency  rule;  and  provided further that the provisions of sections nine
 through eighteen and twenty  through  twenty-seven  of  this  act  shall
 expire and be deemed repealed on June 30, [2017] 2022.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  Subdivision 10 of section 153 of the social services law,
 as amended by section 2 of part O of chapter 58 of the laws of 2011,  is
 amended to read as follows:
   10.  Expenditures  made  by a social services district for the mainte-
 nance of children with disabilities, placed by school districts,  pursu-
 ant  to  section  forty-four hundred five of the education law shall, if
 approved by the office of children and family services,  be  subject  to
 eighteen  and four hundred twenty-four thousandths percent reimbursement
 by the state and thirty-eight and four hundred  twenty-four  thousandths
 percent  reimbursement  by  school districts, EXCEPT FOR SOCIAL SERVICES
 DISTRICTS LOCATED WITHIN A CITY WITH A  POPULATION  OF  ONE  MILLION  OR
 MORE,  WHERE  SUCH  EXPENDITURES SHALL BE SUBJECT TO FIFTY-SIX AND EIGHT
 HUNDRED FORTY-EIGHT THOUSANDTHS  PERCENT  REIMBURSEMENT  BY  THE  SCHOOL
 DISTRICT,  in  accordance with paragraph c of subdivision one of section
 forty-four hundred five of the  education  law,  after  first  deducting
 therefrom  any  federal  funds  received or to be received on account of
 such expenditures, except that in the case  of  a  student  attending  a
 state-operated  school for the deaf or blind pursuant to article eighty-
 seven or eighty-eight of the education law who was not  placed  in  such
 school  by a school district such expenditures shall be subject to fifty
 percent reimbursement by the state after first deducting  therefrom  any
 federal funds received or to be received on account of such expenditures
 and  there  shall be no reimbursement by school districts. Such expendi-
 tures shall not be subject to the  limitations  on  state  reimbursement

 S. 2006                            146                           A. 3006
 
 contained  in  subdivision  two  of section one hundred fifty-three-k of
 this title. In the event of the failure of the school district  to  make
 the  maintenance payment pursuant to the provisions of this subdivision,
 the  state  comptroller  shall  withhold state reimbursement to any such
 school district in an amount equal to the unpaid obligation for  mainte-
 nance and pay over such sum to the social services district upon certif-
 ication  of  the  commissioner  of  the  office  of  children and family
 services and the commissioner of education that such funds  are  overdue
 and  owed  by  such school district.   The commissioner of the office of
 children and family services, in consultation with the  commissioner  of
 education,  shall  promulgate regulations to implement the provisions of
 this subdivision.
   § 2. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a) Notwithstanding the provisions of this chapter or of any other law
 to the contrary, eligible expenditures by a social services district for
 foster  care services shall be subject to reimbursement with state funds
 only to the extent of annual appropriations to  the  state  foster  care
 block  grant.  Such  foster care services shall include expenditures for
 the provision and administration of: care, maintenance, supervision  and
 tuition;  supervision  of foster children placed in federally funded job
 corps programs; and care, maintenance, supervision and tuition for adju-
 dicated juvenile delinquents and persons in need of  supervision  placed
 in  residential  programs operated by authorized agencies and in out-of-
 state residential  programs;  EXCEPT  THAT,  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, REIMBURSEMENT WITH STATE FUNDS PURSU-
 ANT TO THE STATE FOSTER CARE BLOCK GRANT  SHALL  NOT  BE  AVAILABLE  FOR
 TUITION  EXPENDITURES  FOR FOSTER CHILDREN, INCLUDING PERSONS IN NEED OF
 SUPERVISION AND ADJUDICATED  JUVENILE  DELINQUENTS,  MADE  BY  A  SOCIAL
 SERVICES  DISTRICT  LOCATED  WITHIN  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE.  Social services districts must develop  and  implement
 children  and  family  services  delivery  systems  that are designed to
 reduce the need for and the length of foster care  placements  and  must
 document  their efforts in the multi-year consolidated services plan and
 the annual implementation reports submitted pursuant to section  thirty-
 four-a of this chapter.
   §  3.  Paragraph  c  of subdivision 1 of section 4405 of the education
 law, as amended by section 1 of part O of chapter  58  of  the  laws  of
 2011, is amended to read as follows:
   c. Expenditures made by a social services district for the maintenance
 of  a  child  with a disability placed in a residential school under the
 provisions of this article, including a child with a  disability  placed
 by  a  school  district  committee on special education pursuant to this
 article in a special act school district, or a state school  subject  to
 the  provisions  of articles eighty-seven and eighty-eight of this chap-
 ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four
 thousandths  percent]  reimbursement  by  the child's school district of
 residence pursuant to the provisions of subdivision ten of  section  one
 hundred  fifty-three  of  the  social  services  law. The amount of such
 reimbursement shall be a charge upon such school district of residence.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to subdivision 10 of section 153 of the social services
 law made by section one of this act shall not affect the  expiration  of
 such  subdivision and shall expire therewith; and the amendments made to
 paragraph (a) of subdivision 2 of section 153-k of the  social  services

 S. 2006                            147                           A. 3006
 
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.
   §  2. Severability. If any clause, sentence, paragraph, subdivision or
 section of this part shall be adjudged by any court of competent  juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate  the  remainder thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, subdivision or section 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  part  would  have been enacted even if such invalid provisions had
 not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of subparts A and B of this part shall be
 as specifically set forth in the last section of such subparts.
 
                                  PART L
 
   Section 1. Paragraph (iii) of subdivision (e) of section 1012  of  the
 family  court  act,  as  amended  by chapter 320 of the laws of 2006, is
 amended to read as follows:
   (iii) (A) commits, or allows to be committed an offense  against  such
 child  defined  in  article  one  hundred  thirty  of the penal law; (B)
 allows, permits or encourages such child to engage in any act  described
 in  sections 230.25, 230.30 and 230.32 of the penal law; (C) commits any
 of the acts described in sections 255.25, 255.26 and 255.27 of the penal
 law; [or] (D) allows such child to engage in acts or  conduct  described
 in  article  two hundred sixty-three of the penal law; OR (E) PERMITS OR
 ENCOURAGES SUCH CHILD TO ENGAGE IN ANY ACT OR COMMITS OR  ALLOWS  TO  BE
 COMMITTED  AGAINST  SUCH  CHILD ANY OFFENSE THAT WOULD RENDER SUCH CHILD
 EITHER A VICTIM OF SEX TRAFFICKING OR A VICTIM OF SEVERE FORMS OF  TRAF-
 FICKING  IN  PERSONS PURSUANT TO 22 U.S.C. 7102 AS ENACTED BY PUBLIC LAW
 106-386 OR ANY SUCCESSOR FEDERAL STATUTE; (F)  provided,  however,  that
 [(a)]  (1) the corroboration requirements contained in the penal law and
 [(b)] (2) the age requirement for the application of article two hundred
 sixty-three of such law shall not apply to proceedings under this  arti-
 cle.
   § 2. This act shall take effect immediately.
 
                                  PART M
 
   Section  1.  Paragraph a of subdivision 2 of section 420 of the execu-
 tive law, as amended by section 3 of part G of chapter 57 of the laws of
 2013, is amended to read as follows:
   a. (1) A municipality may submit to the office of children and  family
 services  a  plan for the providing of services for runaway and homeless
 youth, as defined in article nineteen-H  of  this  chapter.  Where  such
 municipality  is receiving state aid pursuant to paragraph a of subdivi-
 sion one of this section, such runaway and homeless youth plan shall  be
 submitted as part of the comprehensive plan and shall be consistent with
 the goals and objectives therein.
   (2)  A runaway and homeless youth plan shall be developed in consulta-
 tion with the municipal youth bureau and the county or  city  department
 of  social  services, shall be in accordance with the regulations of the
 office of children and family services, shall provide for a  coordinated
 range  of  services  for  runaway  and homeless youth and their families
 including preventive, temporary shelter, transportation, counseling, and

 S. 2006                            148                           A. 3006
 
 other necessary assistance, and shall provide for  the  coordination  of
 all  available county resources for runaway and homeless youth and their
 families  including  services  available  through  the  municipal  youth
 bureau,  the  county or city department of social services, local boards
 of education, local drug  and  alcohol  programs  and  organizations  or
 programs  which  have  past experience dealing with runaway and homeless
 youth. [Such]
   (3) IN ITS plan A MUNICIPALITY may:
   (I) include provisions for  transitional  independent  living  support
 programs [for homeless youth between the ages of sixteen and twenty-one]
 AND  RUNAWAY  AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS as provided in
 article nineteen-H of this chapter;
   (II) AUTHORIZE SERVICES UNDER ARTICLE NINETEEN-H OF THIS CHAPTER TO BE
 PROVIDED TO HOMELESS YOUNG ADULTS, AS SUCH TERM IS  DEFINED  IN  SECTION
 FIVE HUNDRED THIRTY-TWO-A OF THIS CHAPTER;
   (III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED FOR ADDITIONAL
 PERIODS  OF  TIME  IN ACCORDANCE WITH ANY OF THE FOLLOWING PROVISIONS OF
 THIS CHAPTER:
   (A) PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-B;
   (B)  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY-
 TWO-B; OR
   (C) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D; AND
   (IV)  REQUIRE THAT ANOTHER DESIGNATED PERSON OR ENTITY, IN ADDITION TO
 THE APPLICABLE RUNAWAY AND HOMELESS YOUTH SERVICE  COORDINATOR,  APPROVE
 ANY EXIGENT CIRCUMSTANCE REQUEST AS SUCH TERM IS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THIS CHAPTER, MADE TO THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   (4) Such plan shall also provide for the designation and duties of the
 runaway  and  homeless youth service coordinator defined in section five
 hundred thirty-two-a of this chapter who is available on  a  twenty-four
 hour basis and maintains information concerning available shelter space,
 transportation and services.
   (5) Such plan may include provision for the per diem reimbursement for
 residential  care  of runaway and homeless youth in [approved] CERTIFIED
 RESIDENTIAL runaway AND HOMELESS YOUTH  programs  which  are  authorized
 agencies[,  provided that such per diem reimbursement shall not exceed a
 total of thirty days for any one youth].
   § 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
 subdivisions 1 and 2 as amended by chapter 800  of  the  laws  of  1985,
 subdivisions  4 and 6 as amended by section 6 of part G of chapter 57 of
 the laws of 2013, are amended, and two new subdivisions  9  and  10  are
 added, to read as follows:
   1. "Runaway youth" shall mean a person under the age of eighteen years
 who is absent from his OR HER legal residence without the consent of his
 OR HER parent, legal guardian or custodian.
   2. "Homeless youth" shall mean:
   (A)  a person under the age of [twenty-one] EIGHTEEN who is in need of
 services and is without a place of shelter where  supervision  and  care
 are available; OR
   (B)  A  PERSON  WHO IS UNDER THE AGE OF TWENTY-ONE BUT IS AT LEAST AGE
 EIGHTEEN AND WHO IS IN NEED OF SERVICES AND IS WITHOUT A PLACE OF  SHEL-
 TER.
   (C)  PROVIDED  HOWEVER,  WHEN  A MUNICIPALITY'S APPROVED COMPREHENSIVE
 PLAN AUTHORIZES THAT SERVICES PURSUANT TO THIS ARTICLE  BE  PROVIDED  TO

 S. 2006                            149                           A. 3006
 
 "HOMELESS  YOUNG  ADULTS"  AS SUCH TERM IS DEFINED IN THIS SECTION, THEN
 FOR PURPOSES RELATED TO THE PROVISIONS OF THAT  MUNICIPALITY'S  APPROVED
 COMPREHENSIVE PLAN THAT INCLUDE "HOMELESS YOUNG ADULTS", THE TERM "HOME-
 LESS YOUTH" AS USED IN THIS ARTICLE SHALL BE DEEMED TO INCLUDE "HOMELESS
 YOUNG ADULTS".
   4.  "[Approved  runaway]  RUNAWAY  AND  HOMELESS YOUTH CRISIS SERVICES
 program" shall mean:
   (A) any non-residential program approved by the office of children and
 family services, after submission by the municipality[,] as part of  its
 comprehensive plan, THAT PROVIDES SERVICES TO RUNAWAY YOUTH AND HOMELESS
 YOUTH  THAT  ARE  IN  CRISIS,  IN ACCORDANCE WITH THE REGULATIONS OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; or
   (B) any residential [facility] PROGRAM which is operated by an author-
 ized agency as defined in  subdivision  ten  of  section  three  hundred
 seventy-one  of the social services law, and [approved] CERTIFIED by the
 office of children and family services [after submission by the  munici-
 pality  as  part of its comprehensive plan, established and operated] to
 provide SHORT-TERM RESIDENTIAL services to runaway  YOUTH  and  homeless
 youth  THAT ARE IN CRISIS, in accordance with the APPLICABLE regulations
 of the office of temporary and disability assistance and the  office  of
 children and family services. [Such]
   (C)  RUNAWAY  AND  HOMELESS  YOUTH  CRISIS  SERVICES programs may also
 provide non-residential crisis intervention and, IF CERTIFIED,  residen-
 tial respite services to youth in need of crisis intervention or respite
 services,  as SUCH TERM IS defined in this section.  Residential respite
 services in [an approved] A CERTIFIED runaway AND HOMELESS YOUTH  CRISIS
 SERVICES  program may be provided TO SUCH YOUTH for no more than twenty-
 one days, in accordance with the regulations of the office  of  children
 and  family services AND SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY
 COURT ACT.
   6. "Transitional independent living support program" shall mean:
   (A) any non-residential program approved by the office of children and
 family services, after submission by the municipality  as  part  of  its
 comprehensive  plan,  [or]  THAT  PROVIDES SUPPORTIVE SERVICES TO ENABLE
 HOMELESS YOUTH TO PROGRESS FROM CRISIS CARE  AND  TRANSITIONAL  CARE  TO
 INDEPENDENT LIVING, IN ACCORDANCE WITH THE APPLICABLE REGULATIONS OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; OR
   (B)  any  residential [facility approved by the office of children and
 family services after submission by the  municipality  as  part  of  its
 comprehensive  plan to offer youth development programs,] PROGRAM estab-
 lished and operated to provide supportive services, [for a period of  up
 to  eighteen months] in accordance with the regulations of the office of
 children and family services, to enable homeless youth [between the ages
 of sixteen and twenty-one] to progress from crisis care and transitional
 care to independent living.
   [Such] (C) A transitional independent living support program may  also
 provide  services  to  youth  in  need of crisis intervention or respite
 services. Notwithstanding the time limitation in paragraph (i) of subdi-
 vision (d) of section seven hundred thirty-five of the family court act,
 residential respite services may be provided in a transitional independ-
 ent living support program for a period of more than twenty-one days.
   9. "HOMELESS YOUNG ADULT" SHALL MEAN A PERSON WHO IS  AGE  TWENTY-FOUR
 OR YOUNGER BUT IS AT LEAST AGE TWENTY-ONE AND WHO IS IN NEED OF SERVICES
 AND IS WITHOUT A PLACE OF SHELTER.
   10.  "EXIGENT  CIRCUMSTANCE  REQUEST"  SHALL  MEAN A REQUEST MADE BY A
 MUNICIPALITY TO THE OFFICE OF CHILDREN AND FAMILY SERVICES TO APPROVE:

 S. 2006                            150                           A. 3006
 
   (A) AN ADDITIONAL LENGTH OF STAY IN:
   (I)  A RUNAWAY AND HOMELESS YOUTH CRISIS PROGRAM PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION TWO OF SECTION  FIVE  HUNDRED  THIRTY-TWO-B  OF  THIS
 ARTICLE; OR
   (II)  A  TRANSITIONAL INDEPENDENT LIVING PROGRAM PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION  FIVE  HUNDRED  THIRTY-TWO-D  OF  THIS
 ARTICLE; OR
   (B)  TO ALLOW A YOUTH UNDER THE AGE OF SIXTEEN TO BE SERVED IN A TRAN-
 SITIONAL INDEPENDENT LIVING PROGRAM PURSUANT  TO  SUBPARAGRAPH  (II)  OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED THIRTY-TWO-D OF
 THIS ARTICLE.
   §  3.  Section  532-b of the executive law, as added by chapter 722 of
 the laws of 1978, the opening paragraph of subdivision 1 as  amended  by
 chapter  182  of  the  laws  of  2002, paragraph (a) of subdivision 1 as
 amended by section 15 of part E of chapter 57 of the laws of 2005, para-
 graph (e) of subdivision 1 as amended by chapter  569  of  the  laws  of
 1994,  and subdivision 2 as amended by section 7 of part G of chapter 57
 of the laws of 2013, is amended to read as follows:
   § 532-b. Powers and duties of [approved] runaway [program]  AND  HOME-
 LESS  YOUTH  CRISIS  SERVICES  PROGRAMS.  1.   Notwithstanding any other
 provision of law, pursuant to regulations of the office of children  and
 family  services  [an  approved]  A  runaway  AND  HOMELESS YOUTH CRISIS
 SERVICES program is authorized to and shall:
   (a) provide assistance to any runaway or homeless youth  or  youth  in
 need of crisis intervention or respite services as defined in this arti-
 cle;
   (b) attempt to determine the cause for the youth's runaway or homeless
 status;
   (c)  explain  to  the runaway [and] OR homeless youth his OR HER legal
 rights and options of service  or  other  assistance  available  to  the
 youth;
   (d) work towards reuniting such youth with his OR HER parent or guard-
 ian as soon as practicable in accordance with section five hundred thir-
 ty-two-c of this article;
   (e) assist in arranging for necessary services for runaway or homeless
 youth,  and where appropriate, their families, including but not limited
 to food, shelter, clothing, medical care, education and  individual  and
 family  counseling.  Where  the  [approved]  runaway  AND HOMELESS YOUTH
 CRISIS SERVICES program concludes that such runaway  or  homeless  youth
 would  be  eligible for assistance, care or services from a local social
 services district, it shall assist the youth in  securing  such  assist-
 ance, care or services as the youth is entitled to; [and]
   (f)  immediately report to the [local child protective service] STATE-
 WIDE CENTRAL REGISTER OF CHILD  ABUSE  AND  MALTREATMENT  OR  VULNERABLE
 PERSONS' CENTRAL REGISTER, AS APPROPRIATE, where it has reasonable cause
 to  suspect  that  the  runaway  or  homeless  youth  has been abused or
 neglected or when such youth maintains such to be the case[.];
   (G) CONTACT THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT  IF  IT  IS
 BELIEVED  THAT  THE  YOUTH  MAY  BE  A  DESTITUTE CHILD, AS SUCH TERM IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT; AND
   (H) PROVIDE INFORMATION TO  ELIGIBLE  YOUTH  ABOUT  THEIR  ABILITY  TO
 RE-ENTER  FOSTER  CARE  IN  ACCORDANCE  WITH ARTICLE TEN-B OF THE FAMILY
 COURT ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH  YOUTH  WHO  MAY  BE
 INTERESTED  IN  RE-ENTERING  FOSTER  CARE TO THE APPLICABLE LOCAL SOCIAL
 SERVICES DISTRICT.

 S. 2006                            151                           A. 3006
 
   2. [The] (A) A runaway youth may remain in [the] A CERTIFIED  RESIDEN-
 TIAL  RUNAWAY  AND HOMELESS YOUTH CRISIS SERVICES program on a voluntary
 basis for a period not to exceed thirty days, OR FOR A YOUTH  AGE  FOUR-
 TEEN  OR  OLDER  FOR  A  PERIOD  UP TO SIXTY DAYS WHEN AUTHORIZED IN THE
 APPLICABLE  MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN, from the date of
 admission where the filing of a petition pursuant to article ten of  the
 family  court act is not contemplated, in order that arrangements can be
 made for the runaway youth's return home, alternative residential place-
 ment pursuant to  section  three  hundred  ninety-eight  of  the  social
 services law, or any other suitable plan.
   (B)  If  the  runaway  youth  and  the  parent,  guardian or custodian
 agree[,] in writing, the runaway youth may remain in [the runaway]  SUCH
 program up to sixty days, OR UP TO  ONE HUNDRED TWENTY DAYS WHEN AUTHOR-
 IZED  IN  THE  APPLICABLE  MUNICIPALITY'S  APPROVED COUNTY COMPREHENSIVE
 PLAN, without the filing of a petition pursuant to article  ten  of  the
 family  court  act,  provided  that  in any such case the facility shall
 first have obtained the approval of the applicable municipal runaway AND
 HOMELESS YOUTH SERVICES coordinator, who shall notify the municipality's
 youth bureau of his or her approval together with a statement as to  the
 reason   why  such  additional  residential  stay  is  necessary  and  a
 description of the efforts  being  made  to  find  suitable  alternative
 living arrangements for such youth.
   (C)  A RUNAWAY YOUTH MAY REMAIN IN A CERTIFIED RESIDENTIAL RUNAWAY AND
 HOMELESS YOUTH CRISIS SERVICES  PROGRAM  BEYOND  THE  APPLICABLE  PERIOD
 AUTHORIZED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION UPON THE APPROVAL
 OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS
 OR HER DESIGNEE UPON WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES
 THAT  MAKE THE ADDITIONAL LENGTH OF STAY NECESSARY; THE DILIGENT EFFORTS
 THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE  ALTERNATIVE  LIVING
 ARRANGEMENTS  FOR SUCH YOUTH; AND THE APPROVAL FOR THE ADDITIONAL LENGTH
 OF STAY  FROM  THE  APPLICABLE  MUNICIPAL  RUNAWAY  AND  HOMELESS  YOUTH
 SERVICES  COORDINATOR  AND  ANY OTHER INDIVIDUAL OR ENTITY DESIGNATED IN
 THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   § 4. Section 532-c of the executive law, as added by  chapter  722  of
 the laws of 1978, is amended to read as follows:
   § 532-c. Notice to parent; return of runaway youth to parent; alterna-
 tive  living arrangements.   1. The staff of [the] A RESIDENTIAL RUNAWAY
 AND HOMELESS YOUTH CRISIS SERVICES program shall, to the maximum  extent
 possible,  preferably  within  twenty-four hours but within no more than
 seventy-two hours following the  youth's  admission  into  the  program,
 notify  such runaway youth's parent, guardian or custodian of his or her
 physical and emotional condition, and the circumstances surrounding  the
 runaway  youth's  presence  at  the program, unless there are compelling
 circumstances why the parent, guardian or custodian  should  not  be  so
 notified. Where such circumstances exist, the [runaway] program director
 or  his OR HER designee shall either file an appropriate petition in the
 family court, refer the youth to the local social services district,  or
 in  instances  where  abuse  or  neglect  is suspected, report such case
 pursuant to title six of article six of the social services law.
   2. Where custody of the youth upon leaving the [approved]  program  is
 assumed  by a relative or other person, other than the parent or guardi-
 an, the staff of the program shall so notify the parent or  guardian  as
 soon as practicable after the release of the youth. The officers, direc-
 tors  or  employees of [an approved runaway] THE program shall be immune
 from any civil or criminal liability for or arising out of  the  release

 S. 2006                            152                           A. 3006
 
 of a runaway or homeless youth to a relative or other responsible person
 other than a parent or guardian.
   §  5. Section 532-d of the executive law, as amended by chapter 182 of
 the laws of 2002, subdivisions (e) and (g) as  amended  and  subdivision
 (f)  as added by section 16 of part E of chapter 57 of the laws of 2005,
 is amended to read as follows:
   § 532-d. Residential [facilities operated as] transitional independent
 living support programs. Notwithstanding any inconsistent  provision  of
 law,  pursuant  to  regulations  of  the  office  of children and family
 services, residential facilities operating as  transitional  independent
 living support programs are authorized to and shall:
   [(a)]  1.  (A) (I) provide shelter to homeless youth [between the ages
 of sixteen and twenty-one as defined in this article] WHO ARE  AT  LEAST
 AGE SIXTEEN.
   (II)  PROVIDED,  HOWEVER,  THAT  SHELTER MAY BE PROVIDED TO A HOMELESS
 YOUTH UNDER THE AGE OF SIXTEEN UPON THE APPROVAL OF THE COMMISSIONER  OF
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNEE UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT WARRANT SHELTER
 BEING PROVIDED TO THE YOUTH BASED ON CONSIDERATION OF THE  YOUTH'S  AGE;
 THE DILIGENT EFFORTS THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE
 ALTERNATIVE  LIVING  ARRANGEMENTS  FOR  SUCH YOUTH; AND APPROVAL FOR THE
 YOUTH TO BE SHELTERED IN THE PROGRAM FROM THE APPLICABLE MUNICIPAL RUNA-
 WAY AND HOMELESS YOUTH COORDINATOR AND ANY OTHER  INDIVIDUAL  OR  ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   (B)  SHELTER  MAY  BE  PROVIDED  TO A HOMELESS YOUTH IN A TRANSITIONAL
 INDEPENDENT LIVING PROGRAM FOR A PERIOD OF UP TO EIGHTEEN MONTHS, OR  UP
 TO  TWENTY-FOUR  MONTHS WHEN AUTHORIZED IN THE APPLICABLE MUNICIPALITY'S
 APPROVED COMPREHENSIVE PLAN;
   (C) A HOMELESS YOUTH WHO ENTERED  A  TRANSITIONAL  INDEPENDENT  LIVING
 PROGRAM  UNDER  THE  AGE  OF  TWENTY-ONE MAY CONTINUE TO RECEIVE SHELTER
 SERVICES IN SUCH PROGRAM BEYOND  THE  APPLICABLE  PERIOD  AUTHORIZED  BY
 PARAGRAPH  (B) OF THIS SUBDIVISION, UPON APPROVAL OF THE COMMISSIONER OF
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR HER  DESIGNEE  UPON
 WRITTEN  DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT MAKE THE ADDI-
 TIONAL LENGTH OF STAY NECESSARY; THE DILIGENT  EFFORTS  THAT  HAVE  BEEN
 MADE BY THE PROGRAM TO FIND SUITABLE ALTERNATIVE LIVING ARRANGEMENTS FOR
 SUCH YOUTH; AND APPROVAL FROM THE APPLICABLE MUNICIPAL RUNAWAY AND HOME-
 LESS  YOUTH  SERVICES  COORDINATOR,  AND  ANY OTHER INDIVIDUAL OR ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN;
   [(b)] 2. work toward reuniting such homeless youth  with  his  OR  HER
 parent, guardian or custodian, where possible;
   [(c)]  3.  provide  or  assist in securing necessary services for such
 homeless youth, and where appropriate, his OR HER family, including  but
 not limited to housing, educational, medical care, legal, mental health,
 and  substance  and alcohol abuse services. Where such program concludes
 that such homeless youth would  be  eligible  for  assistance,  care  or
 services  from  a  local  social services district, it shall assist such
 youth in securing such assistance, care or services;
   [(d)] 4. for a homeless youth whose service plan involves  independent
 living,  provide  practical assistance in achieving independence, either
 through direct provision of services or through written agreements  with
 other community and public agencies for the provision of services in the
 following areas; high school education or high school equivalency educa-
 tion; higher education assessment; job training and job placement; coun-
 seling;  assistance in the development of socialization skills; guidance
 and assistance in securing housing appropriate to needs and income;  and

 S. 2006                            153                           A. 3006
 
 training  in  the  development of skills necessary for responsible inde-
 pendent living, including but not limited to money and home  management,
 personal care, and health maintenance; and
   [(e)]  5.  provide  residential  services to a youth in need of crisis
 intervention or respite services, as defined in this article; [and]
   [(f)] 6. continue to provide services to a homeless youth who  is  not
 yet eighteen years of age but who has reached the [eighteen month] maxi-
 mum  TIME  PERIOD  provided by PARAGRAPH (B) OF subdivision [six] ONE of
 THIS section [five hundred thirty-two-a of this article],  until  he  or
 she  is  eighteen  years of age or for an additional six months if he or
 she is still under the age of eighteen; and
   [(g)] 7.  CONTACT THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT
 IS BELIEVED THAT THE YOUTH MAY BE A DESTITUTE CHILD,  AS  SUCH  TERM  IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT;
   8. PROVIDE INFORMATION TO ELIGIBLE YOUTH ABOUT THEIR ABILITY TO RE-EN-
 TER  FOSTER  CARE  IN  ACCORDANCE WITH ARTICLE TEN-B OF THE FAMILY COURT
 ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH YOUTH WHO  MAY  BE  INTER-
 ESTED IN RE-ENTERING FOSTER CARE TO THE APPLICABLE LOCAL SOCIAL SERVICES
 DISTRICT; AND
   9.  provide  such reports and data as specified by the office of chil-
 dren and family services.
   § 6. The executive law is amended by adding a  new  section  532-f  to
 read as follows:
   §  532-F.  REQUIRED  CERTIFICATION FOR RESIDENTIAL PROGRAMS.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ANY  RESIDENTIAL
 PROGRAM  ESTABLISHED  FOR  THE  PURPOSE  OF SERVING RUNAWAY AND HOMELESS
 YOUTH THAT SERVES ANY YOUTH  UNDER  THE  AGE  OF  EIGHTEEN  OR  THAT  IS
 CONTAINED  IN  A  MUNICIPALITY'S  APPROVED  COMPREHENSIVE  PLAN, MUST BE
 CERTIFIED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  AND  MUST  BE
 OPERATED  BY AN AUTHORIZED AGENCY AS SUCH TERM IS DEFINED IN SUBDIVISION
 TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   § 7. Paragraph (iii) of subdivision (b) of section 724 of  the  family
 court  act,  as amended by section 4 of part E of chapter 57 of the laws
 of 2005, is amended to read as follows:
   (iii) take a youth in need of crisis intervention or respite  services
 to [an approved] A runaway AND HOMELESS YOUTH CRISIS SERVICES program or
 other approved respite or crisis program; or
   §  8.  Subdivision  2  of section 447-a of the social services law, as
 added by chapter 569 of the laws of 2008, is amended to read as follows:
   2. The term "short-term safe house" means a residential facility oper-
 ated by an authorized agency as defined in subdivision  ten  of  section
 three hundred seventy-one of this article including a residential facil-
 ity  operating  as  part  of  [an approved] A runaway AND HOMELESS YOUTH
 CRISIS SERVICES program as defined in subdivision four of  section  five
 hundred  thirty-two-a  of  the  executive law or a not-for-profit agency
 with experience in providing services to sexually  exploited  youth  and
 approved  in  accordance  with the regulations of the office of children
 and family services that provides emergency shelter, services  and  care
 to  sexually  exploited  children  including  food,  shelter,  clothing,
 medical care, counseling and appropriate crisis intervention services at
 the time they are taken into custody by  law  enforcement  and  for  the
 duration of any legal proceeding or proceedings in which they are either
 the  complaining witness or the subject child. The short-term safe house
 shall also be available at the point in time that a child under the  age
 of  eighteen has first come into the custody of juvenile detention offi-
 cials, law enforcement, local jails or the local commissioner of  social

 S. 2006                            154                           A. 3006
 
 services  or  is  residing  with  the  local  runaway and homeless youth
 authority.
   §  9.  This  act  shall take effect January 1, 2018; provided however,
 that:
   (a) the office of  children  and  family  services  is  authorized  to
 promulgate regulations regarding any of the provisions of this act on or
 before the effective date of such act;
   (b)  the  amendments  to  article  19-H  of  the executive law made by
 section six of this act that require that  certain  residential  runaway
 and  homeless youth programs be operated by authorized agencies shall be
 deemed to apply to such programs that are certified  by  the  office  of
 children and family services on or after the effective date of this act;
   (c) the amendments to:
   (i)  paragraph a of subdivision 2 of section 420 of the executive law,
 made by section one of this act, shall not  affect  the  expiration  and
 reversion of such subdivision pursuant to section 9 of part G of chapter
 57  of  the  laws of 2013 and shall expire and be deemed repealed there-
 with; and
   (ii) subdivisions 4 and 6 of section 532-a of the executive law,  made
 by  section  two of this act, shall not affect the expiration and rever-
 sion of such subdivisions pursuant to section 9 of part G of chapter  57
 of the laws of 2013 and shall expire and be deemed repealed therewith;
   (iii)  subdivision  2  of  section  532-b of the executive law made by
 section three of this act, shall not affect the expiration and reversion
 of such subdivision pursuant to section 9 of part G of chapter 57 of the
 laws of 2013 and shall expire and be deemed repealed therewith.
 
                                  PART N
 
   Section 1. The public health law is amended by adding  a  new  article
 29-I to read as follows:
 
                               ARTICLE 29-I
                   MEDICAL SERVICES FOR FOSTER CHILDREN
 SECTION 2999-GG. VOLUNTARY FOSTER CARE AGENCY HEALTH FACILITIES.
   §  2999-GG.  VOLUNTARY  FOSTER  CARE AGENCY HEALTH FACILITIES. 1.   IN
 ORDER FOR AN AUTHORIZED AGENCY THAT IS APPROVED BY THE OFFICE  OF  CHIL-
 DREN  AND  FAMILY  SERVICES TO CARE FOR OR BOARD OUT CHILDREN TO PROVIDE
 LIMITED HEALTH-RELATED SERVICES AS DEFINED IN REGULATIONS OF THE DEPART-
 MENT EITHER DIRECTLY OR THROUGH A CONTRACT ARRANGEMENT, SUCH AGENCY MUST
 OBTAIN, IN ACCORDANCE WITH A SCHEDULE DEVELOPED  BY  THE  DEPARTMENT  IN
 CONJUNCTION  WITH  THE OFFICE OF CHILDREN AND FAMILY SERVICES, A LICENSE
 ISSUED BY THE COMMISSIONER IN CONJUNCTION WITH THE  OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  TO  PROVIDE  SUCH  SERVICES.  SUCH SCHEDULE SHALL
 REQUIRE THAT ALL SUCH AUTHORIZED AGENCIES OPERATING  ON  JANUARY  FIRST,
 TWO  THOUSAND  NINETEEN  OBTAIN  THE LICENSE REQUIRED BY THIS SECTION NO
 LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN. SUCH LICENSES SHALL  BE
 ISSUED  IN  ACCORDANCE  WITH THE STANDARDS SET FORTH IN THIS ARTICLE AND
 THE REGULATIONS OF THE DEPARTMENT.  PROVIDED  HOWEVER,  THAT  A  LICENSE
 PURSUANT TO THIS SECTION SHALL NOT BE REQUIRED IF SUCH AUTHORIZED AGENCY
 IS OTHERWISE AUTHORIZED TO PROVIDE LIMITED-HEALTH-RELATED SERVICES UNDER
 A  LICENSE  ISSUED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR
 ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW. FOR THE PURPOSES  OF  THIS
 SECTION,  THE  TERM  AUTHORIZED  AGENCY SHALL BE AN AUTHORIZED AGENCY AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN  OF  SECTION  THREE  HUNDRED
 SEVENTY-ONE OF THE SOCIAL SERVICES LAW.

 S. 2006                            155                           A. 3006
 
   2.  SUCH  LICENSE SHALL NOT BE ISSUED UNLESS IT IS DETERMINED THAT THE
 EQUIPMENT, PERSONNEL, RULES, STANDARDS OF CARE AND SERVICES ARE FIT  AND
 ADEQUATE,  AND  THAT THE HEALTH-RELATED SERVICES WILL BE PROVIDED IN THE
 MANNER REQUIRED BY THIS ARTICLE AND THE  RULES  AND  REGULATIONS  THERE-
 UNDER.
   3. THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES  SHALL  ENTER  INTO  A  MEMORANDUM OF AGREEMENT FOR THE
 PURPOSES OF ADMINISTERING THE REQUIREMENTS OF THIS SECTION.
   4. PROCEEDINGS INVOLVING THE ISSUANCE OF LICENSES  FOR  HEALTH-RELATED
 SERVICES TO AUTHORIZED AGENCIES:
   (A)  A  LICENSE  FOR HEALTH-RELATED SERVICES UNDER THIS ARTICLE MAY BE
 REVOKED, SUSPENDED, LIMITED, ANNULLED OR DENIED BY THE COMMISSIONER,  IN
 CONSULTATION  WITH  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, IF AN
 AUTHORIZED AGENCY IS DETERMINED  TO  HAVE  FAILED  TO  COMPLY  WITH  THE
 PROVISIONS  OF  THIS  ARTICLE  OR  THE RULES AND REGULATIONS PROMULGATED
 THEREUNDER.
   (B) NO SUCH LICENSE SHALL BE REVOKED, SUSPENDED, LIMITED, ANNULLED  OR
 DENIED  WITHOUT  A  HEARING.    HOWEVER,  A  LICENSE  MAY BE TEMPORARILY
 SUSPENDED OR LIMITED WITHOUT A HEARING FOR A PERIOD  NOT  IN  EXCESS  OF
 THIRTY  DAYS UPON WRITTEN NOTICE THAT THE CONTINUATION OF HEALTH-RELATED
 SERVICES PLACES THE PUBLIC HEALTH OR SAFETY OF THE RECIPIENTS  IN  IMMI-
 NENT DANGER.
   (C)  THE  COMMISSIONER  SHALL  FIX A TIME AND PLACE FOR THE HEARING. A
 COPY OF THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND  PLACE  OF
 THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
 FIED  MAIL  TO THE AUTHORIZED AGENCY AT LEAST TWENTY-ONE DAYS BEFORE THE
 DATE FIXED FOR THE HEARING. THE AUTHORIZED AGENCY SHALL  FILE  WITH  THE
 DEPARTMENT  NOT  LESS  THEN  EIGHT  DAYS PRIOR TO THE HEARING, A WRITTEN
 ANSWER TO THE CHARGES.
   (D) ALL ORDERS OR DETERMINATIONS HEREUNDER SHALL BE SUBJECT TO  REVIEW
 AS  PROVIDED  IN  ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND
 RULES. APPLICATION FOR SUCH REVIEW MUST BE MADE WITHIN SIXTY DAYS  AFTER
 SERVICE  IN  PERSON  OR BY REGISTERED OR CERTIFIED MAIL OF A COPY OF THE
 ORDER OR DETERMINATION UPON THE APPLICANT OR AGENCY.
   § 2. This act shall take effect immediately, provided,  however,  that
 the  department  of  health, in consultation with the office of children
 and family services, shall  issue  any  regulations  necessary  for  the
 implementation of this act.
 
                                  PART O
 
   Section  1. Subdivision 1 of section 131-r of the social services law,
 as added by chapter 81 of the laws of 1995 and as designated by  chapter
 340 of the laws of 2003, is amended to read as follows:
   1.    Any person who is receiving or has received, within the previous
 ten years, public assistance pursuant to the provisions of this article,
 and who wins a lottery prize of six hundred dollars or more shall  reim-
 burse  the  department from the winnings, for all such public assistance
 benefits paid to such person during the previous ten  years[;  provided,
 however,  that such crediting to the department shall in no event exceed
 fifty percent of the amount of  the  lottery  prize].  The  commissioner
 shall enter into an agreement with the director of the lottery, pursuant
 to  section sixteen hundred thirteen-b of the tax law, for the crediting
 of lottery prizes against public  assistance  benefits.  Nothing  herein
 shall limit the ability of a social services district to make recoveries

 S. 2006                            156                           A. 3006
 
 pursuant  to  section  [104]  ONE  HUNDRED  FOUR  or section [106-b] ONE
 HUNDRED SIX-B of this chapter.
   § 2. Subdivisions 1 and 3 of section 1613-b of the tax law, as amended
 by chapter 601 of the laws of 2007, are amended to read as follows:
   (1) Notwithstanding any limitations in section one hundred four of the
 social services law, the director of the lottery, on behalf of the divi-
 sion  of  the  lottery,  shall  enter  into a written agreement with the
 commissioner of the office of temporary and  disability  assistance,  on
 behalf of the office of temporary and disability assistance, which shall
 set  forth the procedures for crediting any lottery prize of six hundred
 dollars or more awarded to an individual  against  any  and  all  public
 assistance  benefits which were given to or on behalf of such individual
 within a period of up to ten years prior to the issuance of  such  prize
 of  which  the  director of the lottery has been notified by the commis-
 sioner of the office of temporary and disability assistance pursuant  to
 the  provisions  of such agreement[; provided, however, that in no event
 shall such credit to the office of temporary and  disability  assistance
 exceed  fifty  percent  of  any such lottery prize and provided further]
 that, unless otherwise determined cost effective by the commissioner  of
 the  office  of  temporary and disability assistance and the director of
 the lottery such procedure shall be required only to the extent that and
 with respect to periods for which it can be effected  through  automated
 type match.
   (3)  Prior  to  awarding  any  lottery prize of six hundred dollars or
 more, the division of the lottery shall review the notice  of  liability
 of  public  assistance benefits paid provided by the office of temporary
 and disability assistance. For each lottery prize winner  identified  on
 such  notice  as an individual, who is receiving or has received, within
 the last ten years, public assistance  benefits,  the  lottery  division
 shall  credit  to the office of temporary and disability assistance such
 amount of the prize to satisfy the amount of public assistance  benefits
 indicated  as  received within the previous ten years, and any remainder
 shall be awarded to the prize winner[; provided,  however,  that  in  no
 event  shall  such  credit  to  the  office  of temporary and disability
 assistance exceed fifty percent of any such lottery prize].
   § 3. This act shall take effect July 1, 2017.
 
                                  PART P
 
   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 O of chapter 54 of the  laws  of  2016,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least $141.00 for each month beginning on or  after  January
 first, two thousand [sixteen] SEVENTEEN.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least $163.00 for each month beginning  on  or  after
 January first, two thousand [sixteen] SEVENTEEN.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$193.00]  $194.00  for  each  month
 beginning on or after January first, two thousand [sixteen] SEVENTEEN.
   (d)  for the period commencing January first, two thousand [seventeen]
 EIGHTEEN, 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:

 S. 2006                            157                           A. 3006
 
   (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 [seventeen] EIGHTEEN, but prior to June thirtieth, two thousand
 [seventeen] EIGHTEEN, rounded to the nearest whole dollar.
   §  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
 O of chapter 54 of the laws of 2016, are amended to read as follows:
   (a)  On and after January first, two thousand [sixteen] SEVENTEEN, for
 an eligible individual living  alone,  [$820.00]  $822.00;  and  for  an
 eligible couple living alone, [$1204.00] $1,207.00.
   (b)  On and after January first, two thousand [sixteen] SEVENTEEN, for
 an eligible individual  living  with  others  with  or  without  in-kind
 income, [$756.00] $758.00; and for an eligible couple living with others
 with or without in-kind income, [$1146.00] $1,149.00.
   (c)  On and after January first, two thousand [sixteen] SEVENTEEN, (i)
 for an eligible individual receiving family care, [$999.48] $1,001.48 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, [$961.48]
 $963.48; 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 [sixteen] SEVENTEEN,  (i)
 for  an  eligible  individual  receiving  residential  care,  [$1168.00]
 $1,170.00 if he or she is receiving such care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
 eligible  couple  receiving  residential care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
 amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
 eligible individual receiving such care  in  any  other  county  in  the
 state,  [$1138.00]  $1,140.00; 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 [sixteen] SEVENTEEN,
 for  an  eligible  individual  receiving  enhanced   residential   care,
 [$1427.00] $1,429.00; 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  [seventeen]  EIGHTEEN
 but prior to June thirtieth, two thousand [seventeen] EIGHTEEN.
   § 3. This act shall take effect December 31, 2017.
 
                                  PART Q
 
   Section 1. Section 412 of the social services law is amended by adding
 a new subdivision 9 to read as follows:

 S. 2006                            158                           A. 3006
 
   9.  A  "PUBLICLY-FUNDED  EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN"
 MEANS ANY FACILITY WITH OVERNIGHT SLEEPING ACCOMMODATIONS  AND  THAT  IS
 USED TO HOUSE RECIPIENTS OF TEMPORARY HOUSING ASSISTANCE AND WHICH HOUS-
 ES OR MAY HOUSE CHILDREN AND FAMILIES WITH CHILDREN.
   §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as separately amended by chapters 126 and 205 of the  laws
 of 2014, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed behavior analyst; certified behavior analyst assistant;  hospi-
 tal  personnel  engaged in the admission, examination, care or treatment
 of persons; a Christian Science  practitioner;  school  official,  which
 includes  but  is not limited to school teacher, school guidance counse-
 lor, school psychologist, school social  worker,  school  nurse,  school
 administrator  or  other school personnel required to hold a teaching or
 administrative license or certificate;  full  or  part-time  compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; EMPLOYEE OF A PUBL-
 ICLY-FUNDED  EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN; director of a
 children's overnight camp, summer day camp or traveling summer day camp,
 as such camps are defined in section thirteen hundred ninety-two of  the
 public health law; day care center worker; school-age child care worker;
 provider  of family or group family day care; employee or volunteer in a
 residential care facility for children that is  licensed,  certified  or
 operated  by  the  office  of children and family services; or any other
 child care or foster care worker; mental health professional;  substance
 abuse  counselor;  alcoholism counselor; all persons credentialed by the
 office of alcoholism and substance abuse services; peace officer; police
 officer; district attorney or assistant district attorney;  investigator
 employed  in the office of a district attorney; or other law enforcement
 official.
   § 3. Subdivision 3 of section 424-a of the  social  services  law,  as
 amended  by  section  8 of part D of chapter 501 of the laws of 2012, is
 amended to read as follows:
   3. For purposes of this section,  the  term  "provider"  or  "provider
 agency"  shall mean: an authorized agency[,]; the office of children and
 family services[,]; juvenile detention facilities subject to the certif-
 ication of  [such]  THE  office[,]  OF  CHILDREN  AND  FAMILY  SERVICES;
 programs  established  pursuant  to  article nineteen-H of the executive
 law[,]; non-residential or residential programs or  facilities  licensed
 or operated by the office of mental health or the office for people with
 developmental  disabilities  except family care homes[,]; licensed child
 day care centers, including head start programs which are funded  pursu-

 S. 2006                            159                           A. 3006
 
 ant  to  title  V  of  the  federal economic opportunity act of nineteen
 hundred sixty-four, as amended[,];  early  intervention  service  estab-
 lished  pursuant  to  section  twenty-five  hundred  forty of the public
 health  law[,];  preschool  services  established  pursuant  to  section
 forty-four hundred ten of the education law[,];  school-age  child  care
 programs[,];  special act school districts as enumerated in chapter five
 hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
 amended[,]; programs and facilities licensed by the office of alcoholism
 and substance abuse services[,]; residential schools which are operated,
 supervised  or  approved by the education department[,]; PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH CHILDREN,  PROVIDED,  HOWEVER,  FOR
 PURPOSES  OF  THIS  SECTION,  WHEN  THE PROVIDER OR PROVIDER AGENCY IS A
 PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN,  THEN  ALL
 REFERENCES IN THIS SECTION TO THE "POTENTIAL FOR REGULAR AND SUBSTANTIAL
 CONTACT WITH INDIVIDUALS WHO ARE CARED FOR BY THE AGENCY" SHALL MEAN THE
 POTENTIAL  FOR  REGULAR  AND  SUBSTANTIAL  CONTACT WITH CHILDREN WHO ARE
 SERVED BY SUCH SHELTER; and any other facility or  provider  agency,  as
 defined in subdivision four of section four hundred eighty-eight of this
 chapter,  in  regard  to the employment of staff, or use of providers of
 goods and services and staff of such providers, consultants, interns and
 volunteers.
   § 4. The social services law is amended by adding a new section  460-h
 to read as follows:
   § 460-H. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
 EMPLOYEES,  CONSULTANTS,  ASSISTANTS  AND  VOLUNTEERS OF PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH  CHILDREN.  1.  EVERY  PROVIDER  OF
 SERVICES  TO  PUBLICLY-FUNDED EMERGENCY SHELTERS FOR FAMILIES WITH CHIL-
 DREN, AS SUCH PHRASE IS DEFINED IN  SUBDIVISION  NINE  OF  SECTION  FOUR
 HUNDRED TWELVE OF THIS CHAPTER, SHALL REQUEST FROM THE DIVISION OF CRIM-
 INAL  JUSTICE  SERVICES  CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE,
 CONSULTANT,  ASSISTANT  OR  VOLUNTEER OF SUCH PROVIDER WHO WILL HAVE THE
 POTENTIAL FOR REGULAR AND SUBSTANTIAL  CONTACT  WITH  CHILDREN  WHO  ARE
 SERVED  BY THE PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHIL-
 DREN.
   (A) PRIOR TO REQUESTING CRIMINAL HISTORY  INFORMATION  CONCERNING  ANY
 PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR VOLUNTEER, A PROVIDER
 SHALL:
   (1) INFORM THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT  OR  VOLUN-
 TEER  IN  WRITING  THAT  THE  PROVIDER IS REQUIRED TO REQUEST HIS OR HER
 CRIMINAL HISTORY INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION; AND
   (2)  OBTAIN  THE  SIGNED INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE,
 CONSULTANT, ASSISTANT OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES WHICH INDICATES THAT SUCH PERSON HAS:
   (I) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
 REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
   (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
 NAL HISTORY INFORMATION;
   (III) CONSENTED TO SUCH REQUEST; AND
   (IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS.
   (B)  UPON  RECEIVING SUCH WRITTEN CONSENT, THE PROVIDER SHALL OBTAIN A
 SET OF FINGERPRINTS OF SUCH PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT,
 OR VOLUNTEER AND PROVIDE SUCH FINGERPRINTS TO THE DIVISION  OF  CRIMINAL

 S. 2006                            160                           A. 3006
 
 JUSTICE  SERVICES PURSUANT TO REGULATIONS ESTABLISHED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   2.  A  PROVIDER  SHALL  DESIGNATE ONE OR TWO PERSONS IN ITS EMPLOY WHO
 SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW THE CRIMINAL  HISTORY
 INFORMATION,  AND  ONLY  SUCH  PERSONS  AND  THE  PROSPECTIVE  EMPLOYEE,
 CONSULTANT, ASSISTANT OR VOLUNTEER TO WHICH THE CRIMINAL HISTORY  INFOR-
 MATION RELATES SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED, HOWEVER,
 THE  CRIMINAL  HISTORY  INFORMATION  MAY BE DISCLOSED TO OTHER PERSONNEL
 AUTHORIZED BY THE PROVIDER WHO ARE EMPOWERED TO MAKE DECISIONS  CONCERN-
 ING  PROSPECTIVE  EMPLOYEES,  CONSULTANTS,  ASSISTANTS OR VOLUNTEERS AND
 PROVIDED FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO  THE
 CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. A
 PROVIDER  SHALL NOTIFY EACH PERSON AUTHORIZED TO HAVE ACCESS TO CRIMINAL
 HISTORY INFORMATION PURSUANT TO THIS SECTION.
   3. A PROVIDER REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO THIS
 SECTION SHALL ALSO COMPLETE A FORM DEVELOPED FOR  SUCH  PURPOSE  BY  THE
 DIVISION  OF  CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE A SWORN
 STATEMENT OF THE PERSON DESIGNATED BY SUCH PROVIDER TO REQUEST,  RECEIVE
 AND  REVIEW  CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION CERTIFYING THAT:
   (A) SUCH CRIMINAL HISTORY INFORMATION WILL BE  USED  BY  THE  PROVIDER
 SOLELY FOR PURPOSES AUTHORIZED BY THIS SECTION;
   (B)  THE  PROVIDER  AND  ITS  STAFF ARE AWARE OF AND WILL ABIDE BY THE
 CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF  THIS  SECTION;
 AND
   (C) THE PERSONS DESIGNATED BY THE PROVIDER TO RECEIVE CRIMINAL HISTORY
 INFORMATION  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS SECTION SHALL UPON
 RECEIPT IMMEDIATELY MARK SUCH CRIMINAL  HISTORY  INFORMATION  "CONFIDEN-
 TIAL," AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMATION
 IN A SECURE PLACE.
   4.  UPON  RECEIPT  OF THE FINGERPRINTS AND SWORN STATEMENT REQUIRED BY
 THIS SECTION, THE PROVIDER SHALL PROMPTLY SUBMIT THE FINGERPRINTS TO THE
 DIVISION OF CRIMINAL JUSTICE SERVICES.
   5. THE DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  PROMPTLY  PROVIDE
 THE REQUESTED CRIMINAL HISTORY INFORMATION, IF ANY, TO THE PROVIDER THAT
 TRANSMITTED   THE  FINGERPRINTS  TO  IT.  CRIMINAL  HISTORY  INFORMATION
 PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO  THIS
 SECTION  SHALL  BE  FURNISHED ONLY BY MAIL OR OTHER METHOD OF SECURE AND
 CONFIDENTIAL DELIVERY, ADDRESSED TO THE REQUESTING PROVIDER. SUCH INFOR-
 MATION AND THE ENVELOPE IN WHICH IT IS  ENCLOSED  SHALL  BE  PROMINENTLY
 MARKED  "CONFIDENTIAL,"  AND  SHALL  AT  ALL  TIMES BE MAINTAINED BY THE
 PROVIDER IN A SECURE PLACE.
   6. UPON RECEIPT OF CRIMINAL HISTORY INFORMATION FROM THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES, THE PROVIDER MAY REQUEST, AND IS ENTITLED TO
 RECEIVE, INFORMATION PERTAINING TO ANY CRIME IDENTIFIED ON SUCH CRIMINAL
 HISTORY INFORMATION FROM ANY STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCY,
 DISTRICT  ATTORNEY,  PAROLE  OFFICER, PROBATION OFFICER OR COURT FOR THE
 PURPOSES OF DETERMINING WHETHER ANY GROUNDS RELATING TO SUCH CRIME EXIST
 FOR DENYING AN APPLICATION, RENEWAL, OR EMPLOYMENT.
   7. AFTER RECEIVING CRIMINAL HISTORY INFORMATION PURSUANT  TO  SUBDIVI-
 SIONS  FIVE  AND  SIX OF THIS SECTION AND BEFORE MAKING A DETERMINATION,
 THE PROVIDER SHALL PROVIDE THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSIST-
 ANT OR VOLUNTEER WITH A COPY OF SUCH CRIMINAL HISTORY INFORMATION AND  A
 COPY  OF  ARTICLE  TWENTY-THREE-A  OF THE CORRECTION LAW AND INFORM SUCH
 PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT AND VOLUNTEER OF HIS OR  HER
 RIGHT  TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH

 S. 2006                            161                           A. 3006
 
 CRIMINAL HISTORY  INFORMATION  PROVIDED  BY  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES PURSUANT TO THE REGULATIONS AND PROCEDURES ESTABLISHED
 BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  AND  THE  RIGHT  OF  THE
 PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER TO PROVIDE
 INFORMATION RELEVANT TO SUCH ANALYSIS.
   8. CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO SUBDIVISIONS FIVE
 AND SIX OF THIS SECTION SHALL BE CONSIDERED BY THE PROVIDER  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
 AND  SUBDIVISIONS  FIFTEEN AND SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX
 OF THE EXECUTIVE LAW.
   9. A PROSPECTIVE EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER  MAY
 WITHDRAW  FROM  THE  APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME
 REGARDLESS OF WHETHER HE OR SHE, OR THE PROVIDER, HAS  REVIEWED  HIS  OR
 HER CRIMINAL HISTORY INFORMATION. WHERE A PROSPECTIVE EMPLOYEE, CONSULT-
 ANT,  ASSISTANT OR VOLUNTEER WITHDRAWS FROM THE APPLICATION PROCESS, ANY
 FINGERPRINTS AND CRIMINAL HISTORY INFORMATION CONCERNING  SUCH  PROSPEC-
 TIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER  RECEIVED  BY THE
 PROVIDER SHALL, WITHIN NINETY DAYS,  BE  RETURNED  TO  SUCH  PROSPECTIVE
 EMPLOYEE,  CONSULTANT,  ASSISTANT  OR VOLUNTEER BY THE PERSON DESIGNATED
 FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION  TWO
 OF THIS SECTION.
   10.  ANY  PERSON WHO WILLFULLY PERMITS THE RELEASE OF ANY CONFIDENTIAL
 CRIMINAL HISTORY INFORMATION CONTAINED IN  THE  REPORT  TO  PERSONS  NOT
 PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF
 A MISDEMEANOR.
   11.  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN
 CONSULTATION WITH THE OFFICE OF  TEMPORARY  AND  DISABILITY  ASSISTANCE,
 SHALL  PROMULGATE  ALL  RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION, WHICH SHALL  INCLUDE  CONVENIENT  PROCEDURES
 FOR  THE PROVIDER TO PROMPTLY VERIFY THE ACCURACY OF THE REVIEWED CRIMI-
 NAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY  LAW,  TO  HAVE
 ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
   § 5. Severability. If any clause, sentence, paragraph, subdivision, or
 section  contained  in this act shall be adjudged by any court of compe-
 tent jurisdiction to  be  invalid,  such  judgement  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation  to  the  clause,  sentence,  paragraph,  subdivision,  or
 section  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
 provision had not been included herein.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided however that: the commissioner of the office
 of  children  and  family  services,  in consultation with the office of
 temporary and disability assistance,  shall  promulgate  all  rules  and
 regulations necessary to implement the provisions of section two of this
 act;  the commissioner of the office of temporary and disability assist-
 ance, in consultation with the office of children and  family  services,
 shall  promulgate  all  rules and regulations necessary to implement the
 provisions of sections one and three of this act; and  the  commissioner
 of  the  division of criminal justice services, in consultation with the
 office of temporary and  disability  assistance,  shall  promulgate  all
 rules  and  regulations necessary to implement the provisions of section
 four of this act; and provided  further,  the  aforementioned  rules  or
 regulations may be promulgated on an emergency basis.

 S. 2006                            162                           A. 3006

                                  PART R
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for purposes  of  the  rural  rental
 assistance  program, a sum not to exceed twenty-two million nine hundred
 sixty thousand dollars for  the  fiscal  year  ending  March  31,  2018.
 Notwithstanding  any other provision of law, and subject to the approval
 of the New York state director of the budget, the board of directors  of
 the  state  of  New York mortgage agency shall authorize the transfer to
 the housing trust fund corporation, for the purposes of reimbursing  any
 costs  associated with rural rental assistance program contracts author-
 ized by this section, a total sum not to exceed twenty-two million  nine
 hundred  sixty  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 2016-2017 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, 2017.
   § 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-one  million
 dollars  for  the fiscal year ending March 31, 2018. Notwithstanding any
 other provision of law, and subject to the  approval  of  the  New  York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the housing finance
 agency,  for the purposes of reimbursing any costs associated with Mitc-
 hell Lama housing projects authorized by this section, a total  sum  not
 to  exceed  forty-one million dollars, such transfer to be made from (i)
 the special account of the mortgage insurance fund created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2016-2017 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, 2018.
   § 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,  2018.
 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                            163                           A. 3006
 
 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 2016-2017 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, 2017.
   §  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,  2018.    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 2016-2017 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, 2017.
   § 5. Notwithstanding any other provision of  law,  the  housing  trust
 fund corporation may provide, for purposes of the rural and urban commu-
 nity  investment  fund  program created pursuant to article XXVII of the
 private housing finance law, a sum  not  to  exceed  thirty-six  million
 dollars  for the fiscal year ending March 31, 2018.  Notwithstanding any
 other provision of law, and subject to the  approval  of  the  New  York
 state director of the budget, the board of directors of the state of New
 York  mortgage  agency shall authorize the transfer to the housing trust
 fund corporation, for the purposes of reimbursing any  costs  associated
 with rural and urban community investment fund program contracts author-
 ized  by  this  section,  a  total  sum not to exceed thirty-six million
 dollars, such transfer to be made from (i) the special  account  of  the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the  special  account  of the mortgage insurance fund, as determined and

 S. 2006                            164                           A. 3006
 
 certified by the state of New York mortgage agency for the  fiscal  year
 2016-2017  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,
 2018.
   §  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
 twenty-one  million  dollars  for the fiscal year ending March 31, 2018.
 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 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  twenty-one  million  dollars,  such
 transfer  to be made from (i) the special account of the mortgage insur-
 ance fund created pursuant to section 2429-b of the  public  authorities
 law, in an amount not to exceed the actual excess balance in the special
 account  of  the mortgage insurance fund, as determined and certified by
 the state of New York mortgage agency for the fiscal year  2016-2017  in
 accordance  with  section  2429-b of the public authorities law, if any,
 and/or (ii) provided that the reserves in  the  project  pool  insurance
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the credit rating (as determined by the state of New York mortgage
 agency) required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage insurance fund, such transfer  to
 be made as soon as practicable but no later than March 31, 2018.
   §  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 two million dollars for the fiscal year ending  March  31,
 2018.  Notwithstanding  any  other  provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing any costs associated with homes for working families program
 contracts  authorized  by  this  section,  a total sum not to exceed two
 million dollars, such transfer to be made from (i) the  special  account
 of the mortgage insurance fund created pursuant to section 2429-b of the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2016-2017  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

 S. 2006                            165                           A. 3006
 
 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, 2018.
   § 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 six million five hundred twenty-
 two thousand dollars for the fiscal year  ending  March  31,  2018.  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
 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
 homeless  housing  and assistance corporation, a total sum not to exceed
 six million five hundred twenty-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 insurance fund, as determined and certified by the state of
 New  York  mortgage  agency  for the fiscal year 2016-2017 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, 2018.
   § 9. This act shall take effect immediately.
 
                                  PART S
 
   Section  1.  The section heading of section 421-a of the real property
 tax law, as amended by chapter 857 of the laws of 1975 and such  section
 as  renumbered by chapter 110 of the laws of 1977, is amended to read as
 follows:
   [Exemption of new multiple dwellings from local taxation.]  AFFORDABLE
 NEW YORK HOUSING PROGRAM.
   § 2. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 10 of
 section  421-a of the real property tax law, as amended by chapter 15 of
 the laws of 2008, are amended to read as follows:
   (i) all rent stabilization registrations required to be  filed  on  or
 after  January  first,  two  thousand  eight shall contain a designation
 which identifies all units that are subject to the  provisions  of  this
 section  as  "[421-a]  AFFORDABLE  NEW  YORK  HOUSING PROGRAM units" and
 specifically  identifies  affordable  units  created  pursuant  to  this
 section  and units which are required to be occupied by persons or fami-
 lies who meet specified income limits pursuant to the  provisions  of  a
 local  law  enacted  pursuant to this section as "[421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM affordable units" and shall contain an  explanation
 of  the  requirements  that apply to all such units. The owner of a unit

 S. 2006                            166                           A. 3006
 
 that is subject to the provisions of this section shall, in addition  to
 complying with the requirements of section 26-517 of the rent stabiliza-
 tion  law,  file a copy of the rent registration for each such unit with
 the local housing agency;
   (iii) the local housing agency shall create a report which, at a mini-
 mum,  contains  the  following  information  for  every  building  which
 receives benefits pursuant to this section:  address,  commencement  and
 termination  date  of  the  benefits, total number of residential units,
 number of "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM units" and number
 of "[421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM  affordable  units",
 apartment  number  or  other  designation of such units and the rent for
 each of such units. The local housing agency with the cooperation of the
 division of housing and community renewal  shall  maintain,  and  update
 such  report no less than annually, with information secured from annual
 registrations. Such reports shall be available for public inspection  in
 a  form  that  assigns  a unique designation to each unit other than its
 actual apartment number to maintain the privacy of such information; and
   § 3. Subdivision 16 of section 421-a of the real property tax law,  as
 added  by  section  63-c of part A of chapter 20 of the laws of 2015, is
 amended to read as follows:
   16. (a) Definitions. For the purposes of this subdivision:
   (i) "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits" shall  mean
 exemption from real property taxation pursuant to this subdivision.
   (ii)  "Affordability  option  A"  shall mean that, within any eligible
 site:  (A) not less than ten percent of the dwelling units are  afforda-
 ble  housing  forty  percent  units; (B) not less than an additional ten
 percent of the dwelling  units  are  affordable  housing  sixty  percent
 units;  (C)  not  less  than  an additional five percent of the dwelling
 units are affordable housing one hundred thirty percent units;  and  (D)
 such  eligible  site  is developed without the substantial assistance of
 grants, loans or subsidies provided by a federal, state or local govern-
 mental agency or instrumentality pursuant to a program for the  develop-
 ment  of  affordable housing, except that such eligible site may receive
 tax exempt bond proceeds and four percent tax credits.
   (iii) "Affordability option B" shall mean that,  within  any  eligible
 site, (A) not less than ten percent of the dwelling units are affordable
 housing seventy percent units, and (B) not less than an additional twen-
 ty  percent  of  the  dwelling  units are affordable housing one hundred
 thirty percent units.
   (iv) "Affordability option C" shall mean  that,  within  any  eligible
 site  excluding  the geographic area south of ninety-sixth street in the
 borough of Manhattan, and all other geographic areas in the city of  New
 York excluded pursuant to local law, (A) not less than thirty percent of
 the  dwelling  units  are  affordable housing one hundred thirty percent
 units, and (B) such eligible site is developed without  the  substantial
 assistance of grants, loans or subsidies provided by a federal, state or
 local  governmental  agency or instrumentality pursuant to a program for
 the development of affordable housing.
   (v) "Affordability option D"  shall  only  apply  to  a  homeownership
 project, of which one hundred percent of the units shall have an average
 assessed  value not to exceed sixty-five thousand dollars upon the first
 assessment following the completion date and where  each  owner  of  any
 such unit shall agree, in writing, to maintain such unit as their prima-
 ry  residence  for  no less than five years from the acquisition of such
 unit.

 S. 2006                            167                           A. 3006
 
   (VI) "AFFORDABILITY OPTION E" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 SITE  WITHIN  THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST OF
 NO LESS THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A)  NOT  LESS
 THAN  TEN  PERCENT  OF  THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING
 FORTY  PERCENT UNITS; (B) NOT LESS THAN AN ADDITIONAL TEN PERCENT OF THE
 RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING SIXTY  PERCENT  UNITS;  (C)
 NOT  LESS  THAN  AN ADDITIONAL FIVE PERCENT OF THE RENTAL DWELLING UNITS
 ARE AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNITS;  AND  (D)  SUCH
 ELIGIBLE SITE IS DEVELOPED WITHOUT THE SUBSTANTIAL ASSISTANCE OF GRANTS,
 LOANS  OR  SUBSIDIES  PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL
 AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE  DEVELOPMENT  OF
 AFFORDABLE  HOUSING,  EXCEPT  THAT  SUCH  ELIGIBLE  SITE MAY RECEIVE TAX
 EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX CREDITS.
   (VII) "AFFORDABILITY OPTION F" SHALL MEAN THAT,  WITHIN  ANY  ELIGIBLE
 SITE  WITHIN  THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST OF
 NO LESS THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A)  NOT  LESS
 THAN  TEN  PERCENT  OF  THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING
 SEVENTY PERCENT UNITS; AND  (B)  NOT  LESS  THAN  AN  ADDITIONAL  TWENTY
 PERCENT  OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE HUNDRED
 THIRTY PERCENT UNITS.
   (VIII) "AFFORDABILITY OPTION G" SHALL MEAN THAT, WITHIN  ANY  ELIGIBLE
 SITE  LOCATED  WITHIN  THE  BROOKLYN  ENHANCED AFFORDABILITY AREA OR THE
 QUEENS ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST  OF  NO  LESS
 THAN  THREE  HUNDRED  RENTAL  DWELLING  UNITS OF WHICH (A) NOT LESS THAN
 THIRTY PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING  ONE-
 HUNDRED  THIRTY  PERCENT  UNITS; AND (B) SUCH ELIGIBLE SITE IS DEVELOPED
 WITHOUT  THE  SUBSTANTIAL  ASSISTANCE  OF  GRANTS,  LOANS  OR  SUBSIDIES
 PROVIDED  BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMEN-
 TALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
   [(vi)] (IX) "Affordability percentage"  shall  mean  a  fraction,  the
 numerator  of  which  is  the  number  of affordable housing units in an
 eligible site and the denominator of which is the total number of dwell-
 ing units in such eligible site.
   [(vii)] (X) "Affordable housing  forty  percent  unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed forty percent of the area  median  income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   [(viii)] (XI) "Affordable housing sixty percent  unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed sixty percent of the area  median  income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   [(ix)] (XII) "Affordable housing seventy percent unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted

 S. 2006                            168                           A. 3006
 
 to  occupancy by individuals or families whose household income does not
 exceed seventy percent of the area median income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   (XIII) "AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNIT" SHALL MEAN
 A DWELLING UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH
 AFFORDABLE  NEW  YORK HOUSING PROGRAM BENEFITS ARE GRANTED; AND (B) UPON
 INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A  VACANCY
 DURING  THE RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCU-
 PANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT  EXCEED
 ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI-
 LY  SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELL-
 ING UNIT.
   [(x)] (XIV) "Affordable housing one hundred thirty percent unit" shall
 mean a dwelling unit that: (A) is situated within the eligible site  for
 which  [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits are granted;
 and (B) upon initial rental and upon each subsequent rental following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  one  hundred  thirty percent of the area median income, adjusted
 for family size, at the time that such household initially occupies such
 dwelling unit.
   [(xi)] (XV) "Affordable housing unit"  shall  mean,  collectively  and
 individually, affordable housing forty percent units, affordable housing
 sixty  percent units, affordable housing seventy percent units, AFFORDA-
 BLE HOUSING ONE HUNDRED TWENTY PERCENT UNITS and affordable housing  one
 hundred thirty percent units.
   [(xii)]  (XVI) "Agency" shall mean the department of housing preserva-
 tion and development.
   [(xiii)] (XVII) "Application" shall mean an  application  for  [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xiv)]  (XVIII)  "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO
 THE AGGREGATE AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO,  OR
 ON  BEHALF OF, CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE
 AGGREGATE NUMBER OF HOURS OF CONSTRUCTION WORK.
   (XIX) "BROOKLYN ENHANCED AFFORDABILITY AREA" SHALL MEAN ANY  TAX  LOTS
 NOW  EXISTING  OR  HEREAFTER  CREATED  WHICH ARE LOCATED ENTIRELY WITHIN
 COMMUNITY BOARDS ONE AND TWO OF THE  BOROUGH  OF  BROOKLYN  BOUNDED  AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 OF  INTERSECTION  OF  THE  CENTERLINE  OF NEWTOWN CREEK AND THE WESTERLY
 BOUNDS OF THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE  CENTERLINE  OF
 NEWTOWN  CREEK,  SAID  CENTERLINE ALSO BEING THE BOUNDARY BETWEEN QUEENS
 COUNTY TO THE NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE  POINT
 OF  INTERSECTION  WITH  GREENPOINT  AVENUE;  THENCE  SOUTHWESTERLY ALONG
 GREENPOINT AVENUE, TO THE INTERSECTION WITH KINGS  LAND  AVENUE;  THENCE
 SOUTHERLY ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH MEEKER AVENUE;
 THENCE  SOUTHWESTERLY  ALONG  MEEKER  AVENUE  TO  THE  INTERSECTION WITH
 LEONARD STREET; THENCE SOUTHERLY ALONG  LEONARD  STREET  TO  THE  INTER-
 SECTION  WITH  METROPOLITAN  AVENUE;  THENCE WESTERLY ALONG METROPOLITAN
 AVENUE TO THE INTERSECTION WITH LORIMER STREET; THENCE  SOUTHERLY  ALONG
 LORIMER STREET TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY
 ALONG  MONTROSE  AVENUE  TO  THE  INTERSECTION WITH UNION AVENUE; THENCE
 SOUTHERLY ALONG UNION AVENUE TO THE INTERSECTION  WITH  JOHNSON  AVENUE;
 THENCE  WESTERLY ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY;
 THENCE NORTHWESTERLY ALONG BROADWAY TO THE  INTERSECTION  WITH  RUTLEDGE

 S. 2006                            169                           A. 3006
 
 STREET;  THENCE  SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION
 WITH KENT AVENUE AND CLASSON AVENUE; THENCE SOUTHWESTERLY AND  SOUTHERLY
 ALONG  CLASSON  AVENUE  TO  THE  INTERSECTION WITH DEKALB AVENUE; THENCE
 WESTERLY  ALONG  DEKALB  AVENUE  TO  THE  INTERSECTION WITH BOND STREET;
 THENCE SOUTHWESTERLY ALONG BOND STREET TO THE INTERSECTION WITH  WYCKOFF
 STREET;  THENCE  NORTHWESTERLY  ALONG WYCKOFF STREET TO THE INTERSECTION
 WITH HOYT STREET; THENCE SOUTHWESTERLY ALONG HOYT STREET TO  THE  INTER-
 SECTION  WITH WARREN STREET; THENCE NORTHWESTERLY ALONG WARREN STREET TO
 THE INTERSECTION WITH COURT STREET;  THENCE  NORTHEASTERLY  ALONG  COURT
 STREET  TO  THE  INTERSECTION WITH ATLANTIC AVENUE; THENCE NORTHWESTERLY
 ALONG ATLANTIC AVENUE, CROSSING UNDER  THE  BROOKLYN  QUEENS  EXPRESSWAY
 (AKA INTERSTATE 278), TO THE TERMINUS OF ATLANTIC AVENUE AT THE BROOKLYN
 BRIDGE  PARK/PIER  6;  THENCE NORTHWESTERLY PASSING THROUGH THE BROOKLYN
 BRIDGE PARK TO THE BULKHEAD OF THE EAST RIVER AT PIER  6;  THENCE  IN  A
 GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE
 OF  THE  EAST  RIVER  TO THE INTERSECTION WITH THE CENTERLINE OF NEWTOWN
 CREEK, AND THE POINT OR PLACE OF BEGINNING.
   (XX) "Building service employee" shall mean any person who is regular-
 ly employed at, and performs work in connection with the care or mainte-
 nance of, an eligible site, including, but not limited to,  a  watchman,
 guard,  doorman,  building cleaner, porter, handyman, janitor, gardener,
 groundskeeper, elevator operator and starter, and  window  cleaner,  but
 not including persons regularly scheduled to work fewer than eight hours
 per week at the eligible site.
   [(xv)]  (XXI)  "Commencement  date"  shall  mean,  with respect to any
 eligible  multiple  dwelling,  the  date  upon  which   excavation   and
 construction of initial footings and foundations lawfully begins in good
 faith  or,  for  an  eligible conversion, the date upon which the actual
 construction of the conversion, alteration or improvement of the pre-ex-
 isting building or structure lawfully begins in good faith.
   [(xvi)] (XXII) "Completion date"  shall  mean,  WITH  RESPECT  TO  ANY
 ELIGIBLE  MULTIPLE DWELLING, the date upon which the local department of
 buildings issues the first temporary or permanent certificate  of  occu-
 pancy covering all residential areas of an eligible multiple dwelling.
   [(xvii)] (XXIII) "Construction period" shall mean, with respect to any
 eligible  multiple dwelling, a period: (A) beginning on the later of the
 commencement date of such eligible  multiple  dwelling  or  three  years
 before  the  completion date of such eligible multiple dwelling; and (B)
 ending on the day preceding the completion date of such eligible  multi-
 ple dwelling.
   (XXIV) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED
 ON  AN  ELIGIBLE  SITE  BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION
 DATE, WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO  INITIALLY
 FORM,  MAKE  OR  BUILD  AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT
 LIMITATION, PAINTING, OR PROVIDING OF MATERIAL,  ARTICLES,  SUPPLIES  OR
 EQUIPMENT  IN  THE  ELIGIBLE  MULTIPLE  DWELLING, BUT EXCLUDING SECURITY
 PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (XXV)  "CONSTRUCTION  WORKERS"  SHALL  MEAN  ALL  PERSONS   PERFORMING
 CONSTRUCTION WORK WHO (A) ARE PAID ON AN HOURLY BASIS AND (B) ARE NOT IN
 A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (XXVI)  "CONTRACTOR  CERTIFIED  PAYROLL REPORT" SHALL MEAN AN ORIGINAL
 PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE  INDE-
 PENDENT  MONITOR  SETTING  FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
 CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF  CONSTRUCTION  WORK
 PERFORMED  BY  CONSTRUCTION  WORKERS,  THE  AMOUNT OF WAGES AND EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.

 S. 2006                            170                           A. 3006
 
   [(xviii)] (XXVII) "Eligible conversion"  shall  mean  the  conversion,
 alteration  or  improvement  of  a  pre-existing  building  or structure
 resulting in a multiple  dwelling  in  which  no  more  than  forty-nine
 percent  of  the  floor  area  consists of such pre-existing building or
 structure.
   [(xix)]  (XXVIII)  "Eligible  multiple dwelling" shall mean a multiple
 dwelling, INCLUDING A PORTION OF A MULTIPLE DWELLING,  or  homeownership
 project  containing  six  or  more  dwelling  units  created through new
 construction or eligible conversion for which the commencement  date  is
 after  December thirty-first, two thousand fifteen and on or before June
 fifteenth,  two  thousand  [nineteen]  TWENTY-TWO,  and  for  which  the
 completion  date  is  on or before June fifteenth, two thousand [twenty-
 three] TWENTY-SIX.
   [(xx)] (XXIX) "Eligible  site"  shall  mean  either:  (A)  a  tax  lot
 containing an eligible multiple dwelling; or (B) a zoning lot containing
 two or more eligible multiple dwellings that are part of a single appli-
 cation.
   (XXX)  "EMPLOYEE  BENEFITS"  SHALL  MEAN ALL SUPPLEMENTAL COMPENSATION
 PAID BY THE EMPLOYER, ON BEHALF  OF  CONSTRUCTION  WORKERS,  OTHER  THAN
 WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE
 INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISA-
 BILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSUR-
 ANCE  AND  APPRENTICESHIP  TRAINING.  THE VALUE OF ANY EMPLOYEE BENEFITS
 RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY  COST  TO  THE
 EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (XXXI) "ENHANCED AFFORDABILITY AREA" SHALL MEAN THE MANHATTAN ENHANCED
 AFFORDABILITY  AREA,  THE  BROOKLYN  ENHANCED AFFORDABILITY AREA AND THE
 QUEENS ENHANCED AFFORDABILITY AREA.
   (XXXII) "ENHANCED THIRTY-FIVE YEAR BENEFIT" SHALL MEAN:  (A)  FOR  THE
 CONSTRUCTION  PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) FOR THE
 NEXT THIRTY-FIVE YEARS OF THE EXTENDED RESTRICTION PERIOD, A ONE HUNDRED
 PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS
 FOR LOCAL IMPROVEMENTS.
   (XXXIII)  "EXTENDED RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING
 ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVERSARY  OF  THE
 COMPLETION  DATE,  NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
 OF AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS.
   [(xxi)] (XXXIV) "Fiscal officer" shall mean the comptroller  or  other
 analogous officer in a city having a population of one million or more.
   [(xxii)]  (XXXV)  "Floor  area" shall mean the horizontal areas of the
 several floors, or any portion thereof, of a dwelling or dwellings,  and
 accessory  structures on a lot measured from the exterior faces of exte-
 rior walls, or from the center line of party walls.
   [(xxiii)] (XXXVI) "Four percent tax credits" shall  mean  federal  low
 income  housing  tax  credits computed in accordance with clause (ii) of
 subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
 of the internal revenue code of nineteen hundred eighty-six, as amended.
   [(xxiv)] (XXXVII) "Homeownership project" shall mean a multiple dwell-
 ing or portion thereof operated as condominium or  cooperative  housing,
 however,  it  shall  not  include a multiple dwelling or portion thereof
 operated as  cooperative  or  condominium  housing  located  within  the
 borough  of  Manhattan,  and  shall not include a multiple dwelling that
 contains more than thirty-five units.

 S. 2006                            171                           A. 3006
 
   [(xxv)] (XXXVIII)  "INDEPENDENT  MONITOR"  SHALL  MEAN  AN  ACCOUNTANT
 LICENSED AND IN GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE
 OF THE EDUCATION LAW.
   (XXXIX)  "JOB  ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFER-
 ENCE WITH THE CONSTRUCTION WORK CAUSED  BY  THE  ACTIONS  OF  ANY  LABOR
 ORGANIZATION  OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE,
 INCLUDING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES,
 WALK  OUTS,  SLOWDOWNS,  PICKETING,  BANNERING,  HAND  BILLING,   DEMON-
 STRATIONS, SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE
 STRUCK  BUSINESS,  AND  USE  OF  THE RAT OR OTHER INFLATABLE BALLOONS OR
 SIMILAR DISPLAYS.
   (XL) "Market unit" shall mean a dwelling unit in an eligible  multiple
 dwelling other than an affordable housing unit.
   [(xxvi)] (XLI) "Multiple dwelling" shall have the meaning set forth in
 the multiple dwelling law.
   [(xxvii)]  (XLII)  "Non-residential tax lot" shall mean a tax lot that
 does not contain any dwelling units.
   [(xxviii)] (XLIII) "MANHATTAN ENHANCED AFFORDABILITY AREA" SHALL  MEAN
 ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED LOCATED ENTIRELY SOUTH OF
 96TH STREET IN THE BOROUGH OF MANHATTAN.
   (XLIV)  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN A PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS  OF  EMPLOY-
 MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
   (XLV)  "PROJECT-WIDE  CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED
 PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE AGENCY  BASED
 ON  EACH  CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH THE TOTAL
 NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION  WORKERS,
 THE AGGREGATE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
   (XLVI)  "QUEENS  ENHANCED  AFFORDABILITY AREA" SHALL MEAN ANY TAX LOTS
 NOW EXISTING OR HEREAFTER CREATED  WHICH  ARE  LOCATED  ENTIRELY  WITHIN
 COMMUNITY  BOARDS  ONE  AND  TWO  OF  THE  BOROUGH OF QUEENS BOUNDED AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 BEING THE INTERSECTION OF THE EASTERLY SHORE OF THE EAST  RIVER  WITH  A
 LINE  OF  PROLONGATION  OF  20TH  AVENUE PROJECTED NORTHWESTERLY; THENCE
 SOUTHEASTERLY ON THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG  20TH
 AVENUE  TO THE INTERSECTION WITH 31ST STREET; THENCE SOUTHWESTERLY ALONG
 31ST STREET TO THE INTERSECTION WITH NORTHERN BOULEVARD;  THENCE  SOUTH-
 WESTERLY ALONG NORTHERN BOULEVARD TO THE INTERSECTION WITH QUEENS BOULE-
 VARD  (AKA ROUTE 25); THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO THE
 INTERSECTION WITH VAN DAM STREET; THENCE SOUTHERLY ALONG VAN DAM  STREET
 TO  THE  INTERSECTION WITH BORDEN AVENUE; THENCE SOUTHWESTERLY ALONG VAN
 DAM STREET TO THE INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE;
 THENCE SOUTHWESTERLY ALONG GREENPOINT AVENUE  TO  THE  POINT  OF  INTER-
 SECTION WITH THE CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN
 CREEK  ALSO  BEING  THE  BOUNDARY BETWEEN QUEENS COUNTY TO THE NORTH AND
 KINGS COUNTY TO THE SOUTH; THENCE NORTHWESTERLY ALONG THE CENTERLINE  OF
 NEWTOWN  CREEK,  ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY AND KINGS
 COUNTY TO ITS INTERSECTION WITH THE EASTERLY BOUNDS OF THE  EAST  RIVER;
 THENCE  IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD
 OR SHORELINE OF THE EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
   (XLVII)  "Rent  stabilization"  shall  mean,  collectively,  the  rent
 stabilization law of nineteen hundred sixty-nine, the rent stabilization
 code,  and the emergency tenant protection act of nineteen seventy-four,
 all as in effect as of the effective date of the chapter of the laws  of

 S. 2006                            172                           A. 3006
 
 two thousand fifteen that added this subdivision or as amended thereaft-
 er,  together  with  any  successor  statutes  or regulations addressing
 substantially the same subject matter.
   [(xxix)]  (XLVIII)  "Rental  project"  shall  mean an eligible site in
 which all dwelling units included in any  application  are  operated  as
 rental housing.
   [(xxx)]  (XLIX)  "Residential  tax  lot"  shall  mean  a  tax lot that
 contains dwelling units.
   [(xxxi)] (L) "Restriction period" shall mean a  period  commencing  on
 the  completion date and expiring on the thirty-fifth anniversary of the
 completion date, notwithstanding any earlier termination  or  revocation
 of [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xxxii)]  (LI)  "Tax exempt bond proceeds" shall mean the proceeds of
 an exempt facility bond, as defined in paragraph (7) of  subsection  (a)
 of  section  one hundred forty-two of the internal revenue code of nine-
 teen hundred eighty-six, as amended, the interest upon which  is  exempt
 from  taxation  under  section one hundred three of the internal revenue
 code of nineteen hundred eighty-six, as amended.
   (LII) "THIRD PARTY FUND ADMINISTRATOR" SHALL BE  A  PERSON  OR  ENTITY
 THAT  RECEIVES  FUNDS  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
 OVERSEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO  CONSTRUCTION  WORK-
 ERS.    THE  THIRD  PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY
 APPROVED BY THE AGENCY, AND RECOMMENDED BY ONE, OR MORE,  REPRESENTATIVE
 OR  REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE YEAR TERM SHALL CONTINUE TO
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED. THE AGENCY, AFTER PROVIDING NOTICE AND AFTER MEETING WITH THE
 THIRD PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR FOR  CAUSE
 UPON AN AGENCY DETERMINATION THAT THE ADMINISTRATOR HAS BEEN INEFFECTIVE
 AT  OVERSEEING  OR  MANAGING  THE DISBURSAL OF FUNDS TO THE CONSTRUCTION
 WORKERS. THE THIRD PARTY FUND ADMINISTRATOR SHALL, AT THE REQUEST OF THE
 AGENCY, SUBMIT REPORTS TO THE AGENCY.
   [(xxxiii)] (LIII) "Thirty-five year benefit" shall mean: (A)  for  the
 construction  period, a one hundred percent exemption from real property
 taxation, other than assessments for local  improvements;  (B)  for  the
 first twenty-five years of the restriction period, a one hundred percent
 exemption  from real property taxation, other than assessments for local
 improvements; and (C) for the final ten years of the restriction period,
 an exemption from real property taxation,  other  than  assessments  for
 local improvements, equal to the affordability percentage.
   [(xxxiv)]  (LIV)  "Twenty  year  benefit"  shall  mean:  (A)  for  the
 construction period, a one hundred percent exemption from real  property
 taxation,  other  than  assessments  for local improvements; (B) for the
 first fourteen years of the restriction period, a  one  hundred  percent
 exemption  from real property taxation, other than assessments for local
 improvements, provided, however, that no exemption shall  be  given  for
 any portion of a unit's assessed value that exceeds $65,000; and (C) for
 the  final  six  years  of the restriction period, a twenty-five percent
 exemption from real property taxation, other than assessments for  local
 improvements,  provided,  however,  that no exemption shall be given for
 any portion of a unit's assessed value that exceeds $65,000.

 S. 2006                            173                           A. 3006
 
   (LV) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS  OF
 ANY  KIND  PAID  TO,  OR  ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION  WORKER,  TOGETHER  WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP  TRAINING,  AND
 PAYROLL  TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT INSURANCE AND PURSUANT TO THE  FEDERAL  INSURANCE  CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   (b)  Benefit.  In  cities  having a population of one million or more,
 notwithstanding the provisions of any other subdivision of this  section
 or  of  any  general, special or local law to the contrary, new eligible
 sites, except hotels, that comply with the provisions of  this  subdivi-
 sion shall be exempt from real property taxation, other than assessments
 for  local improvements, in the amounts and for the periods specified in
 this paragraph. A rental project that meets all of the  requirements  of
 this subdivision shall receive a thirty-five year benefit and a homeown-
 ership  project  that  meets all of the requirements of this subdivision
 shall receive a twenty year benefit. A RENTAL PROJECT  THAT  ALSO  MEETS
 ALL  OF  THE  REQUIREMENTS  OF  PARAGRAPH  (C) OF THIS SUBDIVISION SHALL
 RECEIVE AN ENHANCED THIRTY-FIVE YEAR BENEFIT.
   (C) IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN  THIS  SUBDIVI-
 SION,  RENTAL  PROJECTS CONTAINING THREE HUNDRED OR MORE RENTAL DWELLING
 UNITS LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA SHALL  COMPLY  WITH
 THE REQUIREMENTS SET FORTH IN THIS PARAGRAPH. FOR PURPOSES OF THIS PARA-
 GRAPH, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTH-
 ER  PARTY  (INCLUDING SUBCONTRACTORS) UNDERTAKES TO PERFORM CONSTRUCTION
 WORK AT AN ELIGIBLE SITE AND "APPLICANT" SHALL  MEAN  AN  APPLICANT  FOR
 AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
   (I)  SUCH RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY OPTION
 E, AFFORDABILITY OPTION F OR AFFORDABILITY OPTION G.
   (II) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION  WORKERS  ON
 AN  ELIGIBLE SITE WITHIN THE MANHATTAN ENHANCED AFFORDABILITY AREA SHALL
 BE NO LESS THAN SIXTY DOLLARS PER HOUR.  THREE YEARS FROM THE  EFFECTIVE
 DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED
 THIS PARAGRAPH AND EVERY THREE YEARS  THEREAFTER,  THE  MINIMUM  AVERAGE
 HOURLY  WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT
 ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE
 SHALL BE REQUIRED TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED  ON
 ITS COMMENCEMENT DATE.
   (III)  THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON
 AN ELIGIBLE SITE WITHIN THE BROOKLYN ENHANCED AFFORDABILITY AREA OR  THE
 QUEENS  ENHANCED  AFFORDABILITY  AREA  SHALL  BE NO LESS THAN FORTY-FIVE
 DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED THIS PARAGRAPH  AND  EVERY
 THREE  YEARS  THEREAFTER,  THE  MINIMUM  AVERAGE  HOURLY  WAGE  SHALL BE
 INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING  WITH  A
 COMMENCEMENT  DATE  PRIOR TO THE DATE OF SUCH INCREASE SHALL BE REQUIRED
 TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON  ITS  COMMENCEMENT
 DATE.
   (IV)  THE  REQUIREMENTS  OF SUBPARAGRAPHS (II) AND (III) OF THIS PARA-
 GRAPH SHALL NOT BE APPLICABLE TO:
   (A) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY  PERCENT  OF
 THE  DWELLING  UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL

 S. 2006                            174                           A. 3006
 
 FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE TO AND
 RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES  WHOSE  HOUSEHOLD
 INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDI-
 AN  INCOME,  ADJUSTED  FOR  FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT;
   (B) ANY PORTION OF AN ELIGIBLE MULTIPLE DWELLING WHICH  IS  OWNED  AND
 OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
   (C)  AT  THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT TO A
 PROJECT LABOR AGREEMENT.
   (V) THE APPLICANT SHALL CONTRACT WITH  AN  INDEPENDENT  MONITOR.  SUCH
 INDEPENDENT  MONITOR  SHALL  SUBMIT TO THE AGENCY WITHIN ONE YEAR OF THE
 COMPLETION DATE A PROJECT-WIDE CERTIFIED PAYROLL REPORT.  IN  THE  EVENT
 SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE AGEN-
 CY  WITHIN  THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT TO A FINE
 OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF; PROVIDED  THAT
 THE  MAXIMUM  FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.  IN THE EVENT
 THAT THE AVERAGE HOURLY WAGE IS LESS THAN  THE  MINIMUM  AVERAGE  HOURLY
 WAGE SET FORTH IN SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH AS APPLI-
 CABLE, THE PROJECT-WIDE CERTIFIED REPORT SHALL ALSO SET FORTH THE AGGRE-
 GATE AMOUNT OF SUCH DEFICIENCY.
   (VI)  THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT SHALL BE SUBMITTED BY
 EACH CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS  AFTER  THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
 THIS SUBPARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE  AGENCY  AND
 THE AGENCY SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR SUB-CONTRACTOR
 IN  THE AMOUNT OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF,
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
   (VII) IN THE EVENT THAT  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT
 SHOWS  THAT  THE AVERAGE HOURLY WAGE AS REQUIRED BY SUBPARAGRAPH (II) OR
 (III) OF THIS PARAGRAPH, AS APPLICABLE, WAS NOT PAID, (A) IF THE AVERAGE
 HOURLY WAGE IS  WITHIN  FIFTEEN  PERCENT  OF  THE  AVERAGE  HOURLY  WAGE
 REQUIRED  BY  SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH, AS APPLICABLE,
 THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE  OF  SUBMISSION
 OF  SUCH  PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY
 TO THE THIRD PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE  AMOUNT  OF
 THE  DEFICIENCY  SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT.
 THE THIRD PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO  THE
 CONSTRUCTION  WORKERS  WHO  PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD PARTY FUND ADMINISTRATOR
 SHALL SUBMIT TO THE AGENCY A  PLAN  SUBJECT  TO  THE  AGENCY'S  APPROVAL
 SETTING  FORTH  THE  MANNER  IN WHICH THE THIRD PARTY FUND ADMINISTRATOR
 WILL REACH THE REQUIRED AVERAGE WAGE WITHIN ONE HUNDRED  FIFTY  DAYS  OF
 RECEIVING  THE  PAYMENT  FROM  THE APPLICANT AND HOW ANY REMAINING FUNDS
 WILL BE DISBURSED IN THE EVENT THAT THE THIRD PARTY  FUND  ADMINISTRATOR
 CANNOT  DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR
 OF RECEIVING AGENCY APPROVAL.  IN THE EVENT THAT THE APPLICANT FAILS  TO
 MAKE  SUCH  PAYMENT  WITHIN  THE TIME PERIOD PRESCRIBED IN THIS SUBPARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND  DOLLARS
 PER  WEEK  PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND
 DOLLARS; OR (B) IF THE AVERAGE HOURLY WAGE IS MORE THAN FIFTEEN  PERCENT
 BELOW  THE  MINIMUM  AVERAGE HOURLY WAGE REQUIRED BY SUBPARAGRAPH (I) OR
 (II) OF THIS PARAGRAPH, AS APPLICABLE, THEN NO LATER  THAN  ONE  HUNDRED
 TWENTY  DAYS  FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED
 PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD PARTY FUND ADMINIS-

 S. 2006                            175                           A. 3006
 
 TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN  THE
 PROJECT-WIDE  PAYROLL  REPORT.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 DISTRIBUTE SUCH  PAYMENT  TO  THE  CONSTRUCTION  WORKERS  WHO  PERFORMED
 CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
 THE  THIRD  PARTY  FUND  ADMINISTRATOR SHALL SUBMIT TO THE AGENCY A PLAN
 SUBJECT TO THE AGENCY'S APPROVAL SETTING FORTH THE MANNER IN  WHICH  THE
 THIRD  PARTY  FUND  ADMINISTRATOR  WILL  REACH THE REQUIRED AVERAGE WAGE
 WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM  THE  APPLI-
 CANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE
 THIRD  PARTY  FUND  ADMINISTRATOR  CANNOT  DISTRIBUTE  THE  FUNDS TO THE
 CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING AGENCY APPROVAL.    IN
 ADDITION,  THE  AGENCY  SHALL  IMPOSE  A  PENALTY ON THE APPLICANT IN AN
 AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE  AMOUNT  OF  THE  DEFICIENCY,
 PROVIDED,  HOWEVER,  THAT THE AGENCY SHALL NOT IMPOSE SUCH PENALTY WHERE
 THE ELIGIBLE MULTIPLE DWELLING HAS BEEN THE  SUBJECT  OF  A  JOB  ACTION
 WHICH  RESULTS  IN  A  WORK  DELAY.  ANY PAYMENTS RECEIVED BY THE AGENCY
 PURSUANT TO THIS SUBPARAGRAPH SHALL BE USED TO PROVIDE AFFORDABLE  HOUS-
 ING.  IN  THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN
 THE TIME PERIOD PRESCRIBED IN THIS SUBPARAGRAPH, THE APPLICANT SHALL  BE
 SUBJECT  TO  A  FINE OF ONE THOUSAND DOLLARS PER WEEK, PROVIDED THAT THE
 MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS. NOTWITHSTANDING ANY
 PROVISION OF THIS PARAGRAPH, THE APPLICANT SHALL NOT BE  LIABLE  IN  ANY
 RESPECT  WHATSOEVER  FOR  ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR
 RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR  FOR  FRAUDU-
 LENT  OR  INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDU-
 LENT OR INACCURATE PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS,  PROVIDED,
 HOWEVER,  THAT  PAYMENT  TO  THE  THIRD  PARTY FUND ADMINISTRATOR IN THE
 AMOUNT SET  FORTH  IN  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT  AS
 DESCRIBED  IN THIS SUBPARAGRAPH SHALL STILL BE MADE BY THE CONTRACTOR OR
 SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM OR CAUSED  BY
 THE  CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT WILL BE LIABLE
 FOR UNDERPAYMENT TO THE THIRD  PARTY  ADMINISTRATOR  UNLESS  THE  AGENCY
 DETERMINES, IN ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT
 OF,  OR  CAUSED  BY,  CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR
 FRAUDULENT OR INACCURATE CONTRACTOR  CERTIFIED  PAYROLL  REPORTS  AND/OR
 PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS. THE APPLICANT SHALL OTHERWISE
 NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD  PARTY
 FUND  ADMINISTRATOR  HAS  BEEN  MADE  IN  THE  AMOUNT  SET  FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT.
   (VIII) NOTHING IN THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO  CONFER  A
 PRIVATE  RIGHT  OF  ACTION  TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH,
 PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER
 OF ANY EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR  REPRESENTATIVES
 RELATED  TO  WAGE  AND  BENEFIT  COLLECTION,  WAGE  THEFT OR OTHER LABOR
 PROTECTIONS OR RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS  PARA-
 GRAPH  RELIEVES  ANY  OBLIGATIONS  PURSUANT  TO  A COLLECTIVE BARGAINING
 AGREEMENT.
   (IX) A RENTAL PROJECT CONTAINING THREE  HUNDRED  OR  MORE  RESIDENTIAL
 DWELLING  UNITS  NOT  LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA MAY
 ELECT TO COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH.  SUCH  ELECTION
 SHALL  BE  MADE  IN THE APPLICATION AND SHALL NOT THEREAFTER BE CHANGED.
 SUCH RENTAL PROJECT SHALL COMPLY WITH ALL OF THE  REQUIREMENTS  OF  THIS
 PARAGRAPH AND SHALL BE DEEMED TO BE LOCATED WITHIN THE BROOKLYN ENHANCED
 AFFORDABILITY  AREA  OR  THE  QUEENS ENHANCED AFFORDABILITY AREA FOR THE
 PURPOSES OF THIS PARAGRAPH.

 S. 2006                            176                           A. 3006
 
   [(c)] (D) Tax payments. In  addition  to  any  other  amounts  payable
 pursuant  to  this subdivision, the owner of any eligible site receiving
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits shall pay, in  each
 tax year in which such [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits are in effect, real property taxes and assessments as follows:
   (i)  with  respect  to  each eligible multiple dwelling constructed on
 such eligible site, real property taxes on  the  assessed  valuation  of
 such  land  and  any  improvements thereon in effect during the tax year
 prior to the commencement date of such eligible multiple dwelling, with-
 out regard to any exemption from or abatement of real property  taxation
 in  effect  during  such  tax  year,  which real property taxes shall be
 calculated using the tax rate in effect at the time such taxes are  due;
 and
   (ii) all assessments for local improvements.
   [(d)]  (E)  Limitation  on  benefits for non-residential space. If the
 aggregate floor area of commercial, community facility and accessory use
 space in an eligible site, other than parking which is located not  more
 than  twenty-three  feet above the curb level, exceeds twelve percent of
 the aggregate floor area in such eligible site, any  [421-a]  AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits shall be reduced by a percentage equal
 to  such excess. If an eligible site contains multiple tax lots, the tax
 arising out of such reduction in [421-a]  AFFORDABLE  NEW  YORK  HOUSING
 PROGRAM benefits shall first be apportioned pro rata among any non-resi-
 dential  tax  lots.  After  any  such non-residential tax lots are fully
 taxable, the remainder of the tax  arising  out  of  such  reduction  in
 [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, if any, shall be
 apportioned pro rata among the remaining residential tax lots.
   [(e)] (F) Calculation of benefit. Based on the  certification  of  the
 agency certifying the applicant's eligibility for [421-a] AFFORDABLE NEW
 YORK  HOUSING  PROGRAM  benefits,  the  assessors  shall  certify to the
 collecting officer the amount of taxes to be exempted.
   [(f)] (G) Affordability requirements. During the restriction period, a
 rental project shall comply with either affordability option A, afforda-
 bility option B, or affordability option C or for purposes of a homeown-
 ership project, such project shall comply with affordability  option  D.
 Such  election shall be made in the application and shall not thereafter
 be changed. The rental project shall also comply with all provisions  of
 this paragraph during the restriction period and with subparagraph (iii)
 of  this  paragraph  both during and after the restriction period to the
 extent provided in such subparagraph.  A RENTAL PROJECT CONTAINING THREE
 HUNDRED OR MORE RENTAL DWELLING UNITS LOCATED IN THE  ENHANCED  AFFORDA-
 BILITY  AREA OR A RENTAL PROJECT CONTAINING THREE HUNDRED OR MORE RENTAL
 DWELLING UNITS NOT LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA  WHICH
 ELECTS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION  SHALL  COMPLY  WITH  EITHER  AFFORDABILITY OPTION E, AFFORDABILITY
 OPTION F, OR AFFORDABILITY OPTION G. SUCH ELECTION SHALL BE MADE IN  THE
 APPLICATION  AND  SHALL  NOT  THEREAFTER BE CHANGED. SUCH RENTAL PROJECT
 SHALL ALSO COMPLY WITH ALL  PROVISIONS  OF  THIS  PARAGRAPH  DURING  THE
 EXTENDED  RESTRICTION  PERIOD  AND WITH SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH BOTH DURING AND AFTER  THE  EXTENDED  RESTRICTION  PERIOD  TO  THE
 EXTENT PROVIDED IN SUCH PARAGRAPH.
   (i)  Affordable units LOCATED IN A RENTAL PROJECT shall share the same
 common entrances and common areas as market rate units  IN  SUCH  RENTAL
 PROJECT,  and  shall  not  be isolated to a specific floor or area of [a
 building] THE RENTAL PROJECT.   Common entrances  shall  mean  any  area

 S. 2006                            177                           A. 3006
 
 regularly  used  by  any  resident OF THE RENTAL PROJECT for ingress and
 egress from [a multiple dwelling] THE RENTAL PROJECT; and
   (ii) Unless preempted by the requirements of a federal, state or local
 housing  program, either (A) the affordable housing units in an eligible
 site shall have a unit mix proportional to the market units, or  (B)  at
 least  fifty percent of the affordable housing units in an eligible site
 shall have two or more bedrooms and no more than twenty-five percent  of
 the affordable housing units shall have less than one bedroom.
   (iii)  Notwithstanding  any  provision  of  rent  stabilization to the
 contrary, all affordable housing units shall be fully  subject  to  rent
 stabilization during the restriction period, provided that tenants hold-
 ing  a  lease  and  in occupancy of such affordable housing units at the
 expiration of the restriction period shall have the right to  remain  as
 rent stabilized tenants for the duration of their occupancy.
   (iv)  All rent stabilization registrations required to be filed pursu-
 ant to subparagraph (iii) of this paragraph shall contain a  designation
 that  specifically  identifies affordable housing units created pursuant
 to this subdivision as "[421-a]  AFFORDABLE  NEW  YORK  HOUSING  PROGRAM
 affordable  housing  units"  and  shall  contain  an  explanation of the
 requirements that apply to all such affordable housing units.
   (v) Failure to comply with  the  provisions  of  this  paragraph  that
 require  the  creation,  maintenance,  rent stabilization compliance and
 occupancy of affordable housing units or for purposes of a homeownership
 project the failure to comply with affordability option D  shall  result
 in  revocation  of any [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits for the period of such non-compliance.
   (vi) Nothing in this subdivision shall (A) prohibit the  occupancy  of
 an  affordable  housing  unit by individuals or families whose income at
 any time is less than the maximum percentage of the area median  income,
 adjusted  for  family  size,  specified for such affordable housing unit
 pursuant to this subdivision, or (B) prohibit the owner of  an  eligible
 site  from requiring, upon initial rental or upon any rental following a
 vacancy, the occupancy of any affordable  housing  unit  by  such  lower
 income individuals or families.
   (vii)  Following  issuance of a temporary certificate of occupancy and
 upon each vacancy thereafter, an affordable housing unit shall  promptly
 be  offered  for rental by individuals or families whose income does not
 exceed the maximum percentage of the area median  income,  adjusted  for
 family size, specified for such affordable housing unit pursuant to this
 subdivision  and  who  intend  to occupy such affordable housing unit as
 their primary residence. An affordable housing unit  shall  not  be  (A)
 rented  to  a  corporation, partnership or other entity, or (B) held off
 the market for a period longer than is reasonably necessary  to  perform
 repairs  needed to make such affordable housing unit available for occu-
 pancy.
   (viii) An affordable housing unit shall not be rented on a  temporary,
 transient  or  short-term  basis. Every lease and renewal thereof for an
 affordable housing unit shall be for a term of one or two years, at  the
 option of the tenant.
   (ix)  An affordable housing unit shall not be converted to cooperative
 or condominium ownership.
   (x) The agency may establish by rule such requirements as  the  agency
 deems necessary or appropriate for (A) the marketing of affordable hous-
 ing  units,  both upon initial occupancy and upon any vacancy, (B) moni-
 toring compliance with the provisions of  this  paragraph  and  (C)  the
 marketing and monitoring of any homeownership project that is granted an

 S. 2006                            178                           A. 3006
 
 exemption  pursuant  to this subdivision. Such requirements may include,
 but need not be limited to, retaining a monitor approved by  the  agency
 and paid for by the owner.
   (xi)  Notwithstanding any provision of this subdivision to the contra-
 ry, a market unit shall be subject to rent stabilization unless, in  the
 absence  of  [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, the
 owner would be entitled to remove such market unit from rent  stabiliza-
 tion  upon  vacancy  by  reason  of the monthly rent exceeding any limit
 established thereunder.
   [(g)] (H) Building service employees. (i) For  the  purposes  of  this
 paragraph,  "applicant"  shall  mean an applicant for [421-a] AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits, any successor to such  applicant,  or
 any  employer  of building service employees for such applicant, includ-
 ing, but not limited to, a property management company or contractor.
   (ii) All building service employees employed by the applicant  at  the
 eligible  site  shall  receive  the  applicable  prevailing wage for the
 entire restriction period.
   (iii)  The  fiscal  officer  shall  have  the  power  to  enforce  the
 provisions  of  this paragraph. In enforcing such provisions, the fiscal
 officer shall have the power:
   (A) to investigate or cause an investigation to be made  to  determine
 the  prevailing  wages  for  building  service employees; in making such
 investigation, the fiscal officer may utilize wage  and  fringe  benefit
 data  from  various  sources,  including,  but  not limited to, data and
 determinations of federal, state or other governmental agencies;
   (B) to institute and conduct inspections at the site of  the  work  or
 elsewhere;
   (C)  to  examine  the  books,  documents and records pertaining to the
 wages paid to, and the hours of  work  performed  by,  building  service
 employees;
   (D) to hold hearings and, in connection therewith, to issue subpoenas,
 administer  oaths  and  examine witnesses; the enforcement of a subpoena
 issued under this paragraph shall be regulated by the civil practice law
 and rules;
   (E) to make a classification by craft, trade or other generally recog-
 nized occupational category of the building  service  employees  and  to
 determine  whether  such work has been performed by the building service
 employees in such classification;
   (F) to require the applicant to file with the fiscal officer a  record
 of  the  wages  actually  paid by such applicant to the building service
 employees and of their hours of work;
   (G) to delegate any of the foregoing powers to his or  her  deputy  or
 other authorized representative; and
   (H)  to promulgate rules as he or she shall consider necessary for the
 proper execution of the duties, responsibilities  and  powers  conferred
 upon him or her by the provisions of this subparagraph.
   (iv)  If  the  fiscal  officer  finds that the applicant has failed to
 comply with the provisions of this paragraph, he or  she  shall  present
 evidence of such noncompliance to the agency.
   (v) Subparagraph (ii) of this paragraph shall not be applicable to:
   (A) an eligible multiple dwelling containing less than thirty dwelling
 units; or
   (B)  an  eligible multiple dwelling in which all of the dwelling units
 are affordable housing units and not less than  fifty  percent  of  such
 affordable  housing  units, upon initial rental and upon each subsequent
 rental following a vacancy during the restriction period, are affordable

 S. 2006                            179                           A. 3006
 
 to and restricted to occupancy by individuals or families  whose  house-
 hold  income does not exceed one hundred twenty-five percent of the area
 median income, adjusted for family size, at the time that such household
 initially occupies such dwelling unit.
   [(h)]  (I) Replacement ratio. If the land on which an eligible site is
 located contained any dwelling units three years prior to the  commence-
 ment  date  of  the  first eligible multiple dwelling thereon, then such
 eligible site shall contain at least one  affordable  housing  unit  for
 each  dwelling  unit that existed on such date and was thereafter demol-
 ished, removed or reconfigured.
   [(i)] (J) Concurrent exemptions or abatements. An  eligible  [multiple
 dwelling]  SITE  receiving  [421-a]  AFFORDABLE NEW YORK HOUSING PROGRAM
 benefits shall not receive any exemption from or abatement of real prop-
 erty taxation under any other law.
   [(j)] (K) Voluntary renunciation or termination.  Notwithstanding  the
 provisions  of  any  general,  special  or local law to the contrary, an
 owner shall not be entitled to voluntarily  renounce  or  terminate  any
 [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits unless the agency
 authorizes such renunciation  or  termination  in  connection  with  the
 commencement of a new tax exemption pursuant to either the private hous-
 ing finance law or section four hundred twenty-c of this title.
   [(k)]  (L)  Termination  or  revocation.  The  agency may terminate or
 revoke [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits for  noncom-
 pliance  with this subdivision, PROVIDED, HOWEVER, THAT THE AGENCY SHALL
 NOT TERMINATE OR REVOKE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS FOR
 A FAILURE TO COMPLY WITH PARAGRAPH (C) OF THIS SUBDIVISION.  If  [421-a]
 AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are terminated or revoked
 for noncompliance with this subdivision, [all of the affordable  housing
 units  shall remain subject to rent stabilization or for a homeownership
 project such project shall continue to comply with affordability  option
 D of this subdivision and all other requirements of this subdivision for
 the  restriction  period and any additional period expressly provided in
 this subdivision, as if the 421-a benefits had not  been  terminated  or
 revoked] (I) ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
 RENT  STABILIZATION  AND  ALL OTHER REQUIREMENTS OF THIS SUBDIVISION FOR
 THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY  PROVIDED  IN
 THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS
 HAD  NOT BEEN TERMINATED OR REVOKED; (II) ALL OF THE MARKET RATE HOUSING
 UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER  REQUIRE-
 MENTS  OF THIS SUBDIVISION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL
 PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE AFFORDABLE  NEW
 YORK  HOUSING  PROGRAM  BENEFITS  HAD  NOT  BEEN  TERMINATED OR REVOKED,
 PROVIDED, HOWEVER, THAT THE OWNER SHALL STILL BE ENTITLED TO REMOVE SUCH
 MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
 LY RENT EXCEEDING ANY LIMIT  ESTABLISHED  THEREUNDER;  (III)  OR  FOR  A
 HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORD-
 ABILITY  OPTION D OF THIS SUBDIVISION AND ALL OTHER REQUIREMENTS OF THIS
 SUBDIVISION  FOR  THE  RESTRICTION  PERIOD  AND  ANY  ADDITIONAL  PERIOD
 EXPRESSLY  PROVIDED  IN  THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK
 HOUSING PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   [(l)] (M) Powers cumulative. The enforcement provisions of this subdi-
 vision shall not be exclusive, and are in addition to any other  rights,
 remedies,  or enforcement powers set forth in any other law or available
 at law or in equity.
   [(m)] (N) Multiple tax lots. If an eligible site contains multiple tax
 lots, an application may be submitted with respect to  one  or  more  of

 S. 2006                            180                           A. 3006

 such  tax  lots.  The  agency  shall  determine  eligibility for [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits based  upon  the  tax  lots
 included  in  such  application  AND BENEFITS FOR EACH MULTIPLE DWELLING
 SHALL COMMENCE UPON COMMENCEMENT OF CONSTRUCTION OF SUCH MULTIPLE DWELL-
 ING.
   [(n)] (O) Applications. (i) The application with respect to any eligi-
 ble  multiple dwelling shall be filed with the agency not later than one
 year after the completion date of such eligible multiple dwelling.
   (ii) Notwithstanding the provisions of any general, special  or  local
 law to the contrary, the agency may require by rule that applications be
 filed electronically.
   (iii) The agency may rely on certification by an architect or engineer
 submitted  by  an applicant in connection with the filing of an applica-
 tion. A false certification by  such  architect  or  engineer  shall  be
 deemed  to  be  professional  misconduct  pursuant to section sixty-five
 hundred nine of the education law. Any licensee  found  guilty  of  such
 misconduct under the procedures prescribed in section sixty-five hundred
 ten of the education law shall be subject to the penalties prescribed in
 section sixty-five hundred eleven of the education law, and shall there-
 after  be ineligible to submit a certification pursuant to this subdivi-
 sion.
   (IV) THE AGENCY SHALL  NOT  REQUIRE  THAT  THE  APPLICANT  DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   [(o)]  (P)  Filing  fee.  The agency may require a filing fee of three
 thousand dollars per dwelling unit in connection with  any  application.
 However,  the  agency  may  promulgate  rules  imposing a lesser fee for
 eligible sites containing eligible multiple dwellings  constructed  with
 the  substantial  assistance of grants, loans or subsidies provided by a
 federal, state or local governmental agency or instrumentality  pursuant
 to a program for the development of affordable housing.
   [(p)]  (Q)  Rules. THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE
 THE PROVISIONS OF THIS SUBDIVISION. The agency  [may]  SHALL  promulgate
 rules  to  carry  out the provisions of this subdivision, INCLUDING, BUT
 NOT LIMITED TO, PROVISIONS RELATED TO THE  CALCULATION  OF  THE  AVERAGE
 HOURLY WAGE.
   [(q)  Authority of city to enact local law. Except as otherwise speci-
 fied in this subdivision, a city to which this subdivision is applicable
 may enact a local law to restrict, limit or  condition  the  eligibility
 for  or  the  scope  or amount of 421-a benefits in any manner, provided
 that such local law may not grant 421-a benefits beyond  those  provided
 in  this  subdivision and provided further that such local law shall not
 take effect sooner than one year after it is enacted. The provisions  of
 sections  11-245  and 11-245.1 of the administrative code of the city of
 New York or of any other local law of the city of  New  York  that  were
 enacted  on  or  before the effective date of the chapter of the laws of
 two thousand fifteen which added  this  paragraph  shall  not  restrict,
 limit  or  condition the eligibility for or the scope or amount of 421-a
 benefits pursuant to this subdivision.]
   (r) Election. Notwithstanding anything  in  this  subdivision  to  the
 contrary,  [if  a  memorandum  of  understanding pursuant to subdivision
 sixteen-a of this section has  been  executed  and  noticed,]  a  rental
 project  or  homeownership project with a commencement date on or before
 December thirty-first, two thousand fifteen that has not received  bene-
 fits pursuant to this section prior to the effective date of the chapter
 of  the  laws  of  two  thousand fifteen that added this subdivision may

 S. 2006                            181                           A. 3006
 
 elect to comply with this subdivision and receive [421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM benefits pursuant to this subdivision.
   § 4. Subdivision 16-a of section 421-a of the real property tax law is
 REPEALED.
   § 5. 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.
   § 6. This act shall take effect immediately;  and  provided,  however,
 that  sections  one,  two, and three of this act shall be deemed to have
 been in full force and effect on and after January 1, 2016.
 
                                  PART T
 
   Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 2000, is amended to read as
 follows:
   4.  Notwithstanding  any provision of this section to the contrary, in
 any county outside a city having a population of one  million  or  more,
 upon or after arraignment of a defendant on an information, a simplified
 information, a prosecutor's information or a misdemeanor complaint pend-
 ing  in  a  local  criminal  court,  such  court may, upon motion of the
 defendant and with the consent of the district attorney, order that  the
 action  be  removed  from  the  court  in which the matter is pending to
 another local criminal court in the same county which  has  been  desig-
 nated  a  drug  court  by  the  chief administrator of the courts, OR TO
 ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY OR AN  ADJOINING  COUNTY
 THAT  HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS, and such drug court OR VETERANS TREATMENT  COURT
 may  then  conduct  such  action  to [judgement] JUDGMENT or other final
 disposition; provided, however, that an order of  removal  issued  under
 this  subdivision  shall  not take effect until five days after the date
 the order is issued unless, prior to such effective date, the drug court
 OR VETERANS TREATMENT COURT notifies the court  that  issued  the  order
 that:
   (a)  it will not accept the action, in which event the order shall not
 take effect, or
   (b) it will accept the action on a date prior to such effective  date,
 in which event the order shall take effect upon such prior date.
   Upon  providing  notification pursuant to paragraph (a) or (b) of this
 subdivision, the drug court OR VETERANS TREATMENT COURT  shall  promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 2. Subdivision 3 of section 180.20 of the criminal procedure law, as
 amended  by  chapter  67  of  the  laws  of  2000, is amended to read as
 follows:
   3. Notwithstanding any provision of this section to the  contrary,  in
 any  county  outside  a city having a population of one million or more,
 upon or after arraignment of a defendant on a felony  complaint  pending
 in  a local criminal court having preliminary jurisdiction thereof, such
 court may, upon motion of the defendant and  with  the  consent  of  the

 S. 2006                            182                           A. 3006
 
 district  attorney,  order  that the action be removed from the court in
 which the matter is pending to another local criminal court in the  same
 county which has been designated a drug court by the chief administrator
 of  the  courts,  OR TO ANOTHER COURT IN THE SAME COUNTY OR AN ADJOINING
 COUNTY THAT HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE  CHIEF
 ADMINISTRATOR  OF  THE COURTS, and such drug court OR VETERANS TREATMENT
 COURT may then dispose of such felony complaint pursuant to  this  arti-
 cle;  provided,  however,  that  an  order  of removal issued under this
 subdivision shall not take effect until five days  after  the  date  the
 order  is issued unless, prior to such effective date, the drug court OR
 VETERANS TREATMENT COURT notifies the court that issued the order that:
   (a) it will not accept the action, in which event the order shall  not
 take effect, or
   (b)  it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon such prior date.
   Upon providing notification pursuant to paragraph (a) or (b)  of  this
 subdivision,  the  drug court OR VETERANS TREATMENT COURT shall promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (u) to read as follows:
   (U)  TO  THE  EXTENT  PRACTICABLE,  ESTABLISH  SUCH NUMBER OF VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   § 4. This act shall take effect immediately.
 
                                  PART U
 
   Section  1. The executive law is amended by adding a new article 51 to
 read as follows:
                                 ARTICLE 51
                 DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS
 SECTION 1010. DIVISION OF CENTRAL ADMINISTRATION HEARINGS.
        1011. POWERS AND DUTIES.
   § 1010. DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS.  THERE IS  HEREBY
 CREATED IN THE EXECUTIVE DEPARTMENT A DIVISION OF CENTRAL ADMINISTRATIVE
 HEARINGS  HEREINAFTER  IN  THIS ARTICLE CALLED THE DIVISION. THE HEAD OF
 SUCH DIVISION SHALL BE A CHIEF ADMINISTRATIVE LAW  JUDGE  WHO  SHALL  BE
 APPOINTED  BY  THE GOVERNOR AND SHALL HOLD OFFICE AT THE PLEASURE OF THE
 GOVERNOR.
   § 1011. POWERS AND DUTIES. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
 THE  CHIEF ADMINISTRATIVE LAW JUDGE MAY ESTABLISH, CONSOLIDATE, REORGAN-
 IZE OR ABOLISH ANY ADMINISTRATIVE  HEARING  FUNCTION  WITHIN  ANY  CIVIL
 DEPARTMENT  AS  HE  OR  SHE DETERMINES TO BE NECESSARY FOR THE EFFICIENT
 OPERATION OF THE DIVISION,  PROVIDED  THAT  ANY  SUCH  ACTIONS  MUST  BE
 APPROVED  BY  THE DIRECTOR OF THE BUDGET PURSUANT TO A PLAN SUBMITTED TO
 THE DIRECTOR, AND PROVIDED FURTHER THAT SUCH AUTHORITY SHALL  NOT  APPLY
 TO THE DEPARTMENT OF LAW AND THE DEPARTMENT OF AUDIT AND CONTROL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  any  actions  necessary  to  be taken for the implementation of the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of

 S. 2006                            183                           A. 3006

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

2017-A3006A - Details

Law Section:: Budget Bills

2017-A3006A - Summary

2017-A3006A - 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 23, 2017
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence and the apportionment of public moneys; to amend  the  education
   law, in relation to requiring the commissioner of education to include
   certain  information  in the official score report of all students; to
   amend the education law, in relation to textbooks; to amend the educa-
   tion law, in relation to a weapon or firearm  on  school  grounds;  to
   amend  the  education  law,  in  relation  to English language learner
   pupils; in relation to direct certification data; to amend the  educa-
   tion law, in relation to the census count; to amend the education law,
   in  relation  to  the computation of the state sharing ratio; to amend
   the education law, in relation to the operating amount per  pupil;  to
   amend the education law, in relation to the operating amount per pupil
   for  certain  kindergarten  programs;  to  amend the education law, in
   relation to total foundation aid;  to  amend  the  education  law,  in
   relation  to  community  school  aid;  to  amend the education law, in
   relation to building aid; to amend the education law, in  relation  to
   academic  enhancement  aid; to amend the education law, in relation to
   high tax aid; to amend the education law,  in  relation  to  universal
   pre-kindergarten  aid;  to amend the education law, in relation to the
   statewide universal full-day pre-kindergarten program;  to  amend  the
   education  law,  in  relation  to  state aid adjustments; to amend the
   education law,  in  relation  to  the  teachers  of  tomorrow  teacher
   recruitment  and  retention  program;  to  amend the education law, in
   relation  to  class  sizes  for  special  classes  containing  certain
   students  with disabilities; 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 suspen-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-03-7

 S. 2006--A                          2                         A. 3006--A
 
   sion of pupils who bring a firearm  to  or  possess  a  firearm  at  a
   school,  in relation to the effectiveness thereof; to amend the educa-
   tion law, in relation to the special  needs  of  gifted  students;  to
   amend  the  general municipal law, in relation to the purchase of food
   by school districts; to amend chapter 472 of the laws of 1998,  amend-
   ing  the education law relating to the lease of school buses by school
   districts, in relation to the effectiveness thereof; to amend  chapter
   82  of  the laws of 1995, amending the education law and certain other
   laws relating to state aid to school districts and  the  appropriation
   of  funds for the support of government, in relation to the effective-
   ness thereof; to amend chapter 91 of the laws  of  2002  amending  the
   education law and other laws relating to the reorganization of the New
   York city school construction authority, board of education and commu-
   nity  boards, in relation to the effectiveness thereof; to amend chap-
   ter 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
   the  effectiveness  thereof;  to amend chapter 345 of the laws of 2009
   amending the education law and other laws relating  to  the  New  York
   city board of education, chancellor, community councils, and community
   superintendents,  in  relation  to the effectiveness thereof; 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  2017-2018
   school  year;  to  amend  chapter 756 of the laws of 1992, relating to
   funding a program for work force education conducted by the consortium
   for worker education in New York city, in relation  to  withholding  a
   portion of employment preparation education aid and in relation to the
   effectiveness thereof; to amend chapter 89 of the laws of 2016, relat-
   ing  to supplementary funding for dedicated programs for public school
   students in the East Ramapo central school district,  in  relation  to
   reimbursement  to  such  school district and in relation to the effec-
   tiveness thereof; to amend chapter 147 of the laws of  2001,  amending
   the  education  law  relating  to  conditional  appointment  of school
   district, charter school or BOCES employees, in relation to the effec-
   tiveness thereof; relating to school bus driver training;  relates  to
   special apportionment for salary expenses and public pension accruals;
   relates  to  suballocations  of  appropriations;  relating to the city
   school district of the city of Rochester; relates to total  foundation
   aid  for  the  purpose of the development, maintenance or expansion of
   certain magnet schools or magnet school  programs  for  the  2017-2018
   school  year; and relates to the support of public libraries (Part A);
   to amend the education law, in relation to the establishment of Recov-
   ery High Schools by boards of cooperative educational  services  (Part
   B);  to amend the education law, in relation to the education of home-
   less children (Part C); to amend the education  law,  in  relation  to
   establishing  the  excelsior scholarship (Part D); to amend the educa-
   tion 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 E); to amend the education law, in relation to the

 S. 2006--A                          3                         A. 3006--A
 
   tuition assistance program (Part F); to amend the  education  law,  in
   relation to the NY-SUNY 2020 challenge grant program act; and to amend
   chapter  260  of  the laws of 2011, amending the education law and the
   New  York  state  urban development corporation act relating to estab-
   lishing components of the NY-SUNY 2020  challenge  grant  program,  in
   relation to the effectiveness thereof (Part G); to amend the education
   law, in relation to foundation contributions to the city university of
   New  York (Part H); to amend the limited liability company law and the
   labor law, in relation to the ability of the state to  collect  unpaid
   wages  (Part  I);  to amend the criminal procedure law, the penal law,
   the correction law, the executive  law,  the  family  court  act,  the
   social  services  law, the education law and the state finance law, in
   relation to proceedings against juvenile  offenders  and  the  age  of
   juvenile  offenders  and  to repeal certain provisions of the criminal
   procedure law, the family court act and  the  executive  law  relating
   thereto  (Part  J);  to amend chapter 83 of the laws of 2002, amending
   the executive law and other laws relating to funding for children  and
   family  services,  in  relation to extending the effectiveness thereof
   (Subpart A); and to amend the social services law  and  the  education
   law,  in  relation  to  restructuring financing for residential school
   placements (Subpart B) (Part K); to amend the  family  court  act,  in
   relation  to  the definition of an abused child (Part L); to amend the
   executive law, the social services law and the family  court  act,  in
   relation to  increasing the age of youth eligible to be served in RHYA
   programs and to allow for additional length of stay for youth in resi-
   dential programs (Part M); to amend the public health law, in relation
   to  the  licensure  of  certain  health-related  services  provided by
   authorized agencies (Part N); to amend the social services law and the
   tax law, in relation to increasing the amount of lottery winnings that
   the state can recoup related to current and former  public  assistance
   recipients  (Part O); 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 P); to amend the social services
   law,  in  relation  to  expanding  inquiries  of the statewide central
   register of child  abuse  and  maltreatment  and  allowing  additional
   reviews  of criminal history information (Part Q); to utilize reserves
   in the mortgage insurance fund for various housing purposes (Part  R);
   to  amend the real property tax law, in relation to the affordable New
   York housing program and to repeal  certain  provisions  of  such  law
   relating thereto (Part S); to amend the criminal procedure law and the
   judiciary law, in relation to removal of a criminal action to a veter-
   ans  treatment  court  (Part  T);  and  to amend the executive law, in
   relation to creating a division  of  central  administrative  hearings
   within the executive department (Part U)
 
   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 2017-2018
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through U. 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

 S. 2006--A                          4                         A. 3006--A
 
 "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 54 of the laws of
 2016, 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

 S. 2006--A                          5                         A. 3006--A
 
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  AND
 PROVIDED  FURTHER  THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
 EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL
 YEAR,  UNLESS  ALL  SCHOOLS  IN  THE  DISTRICT ARE IDENTIFIED AS IN GOOD
 STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTAND-
 ING 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 SIXTEEN--TWO THOUSAND
 SEVENTEEN SCHOOL YEAR. For purposes of this paragraph, the  "gap  elimi-
 nation  adjustment  percentage"  shall  be  calculated as the sum of one
 minus the quotient of the sum of the school district's  net  gap  elimi-
 nation  adjustment  for  two  thousand ten--two thousand eleven computed
 pursuant to chapter fifty-three of the laws of two thousand ten,  making
 appropriations for the support of government, plus the school district's
 gap  elimination adjustment for two thousand eleven--two thousand twelve
 as computed pursuant to chapter fifty-three of the laws of two  thousand
 eleven,  making  appropriations  for the support of the local assistance
 budget, including  support  for  general  support  for  public  schools,
 divided  by  the  total  aid for adjustment computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  local assistance budget, including support for general support
 for public  schools.  Provided,  further,  that  such  amount  shall  be
 expended  to  support  and  maintain  allowable  programs and activities
 approved in the two thousand nine--two thousand ten school  year  or  to
 support new or expanded allowable programs and activities in the current
 year.
   §  2.  The  education law is amended by adding a new section 2590-v to
 read as follows:
   § 2590-V. NOTICE TO STUDENTS REGARDING CERTAIN TEST SCORES. THE OFFICE
 OF THE CHANCELLOR SHALL INCLUDE A NOTICE IN THE OFFICIAL SCORE REPORT OF
 ALL STUDENTS WHO RECEIVED A SCORE OF  "ADVANCED"  ON  THE  EIGHTH  GRADE
 STATE ASSESSMENT IN EITHER ENGLISH LANGUAGE ARTS OR MATHEMATICS, INFORM-
 ING  THE STUDENT OF OPPORTUNITIES TO APPLY FOR ADMISSION TO THE SPECIAL-
 IZED HIGH SCHOOLS AUTHORIZED  IN  PARAGRAPH  (B)  OF  SUBDIVISION  1  OF
 SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
   §  3. Subdivision 2 of section 701 of the education law, as amended by
 section 1 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
 read as follows:

 S. 2006--A                          6                         A. 3006--A
 
   2.  A  text-book, for the purposes of this section shall mean: (i) any
 book, or a book substitute, which shall include hard covered  or  paper-
 back  books, work books, or manuals and (ii) for expenses incurred after
 July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
 content-based  instructional  materials in an electronic format, as such
 terms are defined in the regulations of the commissioner, which a  pupil
 is  required  to  use  as  a text, or a text-substitute, in a particular
 class or program in the school he or she legally attends.  For  expenses
 incurred  on or after July first, two thousand eleven, a text-book shall
 also mean items of expenditure that are eligible  for  an  apportionment
 pursuant  to  sections  seven  hundred  eleven,  seven hundred fifty-one
 and/or seven hundred fifty-three of this title,  where  such  items  are
 designated  by  the school district as eligible for aid pursuant to this
 section, provided, however, that if aided pursuant to this section, such
 expenses shall not be aidable pursuant to any other section of law.  FOR
 EXPENSES  INCURRED  ON  OR  AFTER  JULY FIRST, TWO THOUSAND SEVENTEEN, A
 TEXT-BOOK SHALL ALSO MEAN EXPENDITURES  FOR  HIGH  QUALITY  PROFESSIONAL
 DEVELOPMENT,  WHERE  SUCH ITEMS ARE DESIGNATED BY THE SCHOOL DISTRICT AS
 ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED, HOWEVER,  THAT  THE
 TOTAL  EXPENDITURES  FOR  HIGH QUALITY PROFESSIONAL DEVELOPMENT ELIGIBLE
 FOR AID PURSUANT TO THIS SECTION SHALL NOT EXCEED THE  AMOUNT  EQUAL  TO
 THE  DOCUMENTED  REDUCTION  OF  TEXTBOOK  EXPENDITURES  IN THE BASE YEAR
 RESULTING FROM THE USE OF COURSEWARE  OR  OTHER  CONTENT-BASED  INSTRUC-
 TIONAL MATERIALS IN AN ELECTRONIC FORMAT PROVIDED TO THE SCHOOL DISTRICT
 WITHOUT  CHARGE  AND  PROVIDED  FURTHER  THAT  IF AIDED PURSUANT TO THIS
 SECTION, SUCH EXPENSES SHALL  NOT  BE  AIDABLE  PURSUANT  TO  ANY  OTHER
 SECTION OF LAW. Expenditures aided pursuant to this section shall not be
 eligible  for  aid  pursuant  to any other section of law. Courseware or
 other content-based instructional  materials  in  an  electronic  format
 included  in  the  definition  of  textbook pursuant to this subdivision
 shall be subject to the same limitations on content as apply to books or
 book substitutes aided pursuant to this section.
   § 4. Subdivision 9 of section 2852 of the education law, as amended by
 section 2 of subpart A of part B of chapter 20 of the laws of  2015,  is
 amended to read as follows:
   9. The total number of charters issued pursuant to this article state-
 wide  shall not exceed four hundred sixty. (a) All charters issued on or
 after July first, two thousand fifteen and counted toward the  numerical
 limits  established  by this subdivision shall be issued by the board of
 regents upon application directly to the board  of  regents  or  on  the
 recommendation  of  the board of trustees of the state university of New
 York pursuant to a competitive process in  accordance  with  subdivision
 nine-a  of this section. [Fifty of such charters issued on or after July
 first, two thousand fifteen, and no more, shall be granted to a  charter
 for  a school to be located in a city having a population of one million
 or more.] The failure of any body to issue  the  regulations  authorized
 pursuant  to  this  article  shall not affect the authority of a charter
 entity to propose a charter to the board of  regents  or  the  board  of
 regents'  authority  to  grant such charter. A conversion of an existing
 public school to a charter school, or the  renewal  or  extension  of  a
 charter  approved by any charter entity, shall not be counted toward the
 numerical limits established by this subdivision.
   (b) A charter that has been surrendered, revoked or terminated [on  or
 before  July  first, two thousand fifteen], including a charter that has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant to paragraph (a) of this subdivision by the board of regents  either

 S. 2006--A                          7                         A. 3006--A
 
 upon  application directly to the board of regents or on the recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant to a competitive process in accordance with  subdivision  nine-a  of
 this  section. Provided that such reissuance shall not be counted toward
 the statewide numerical limit  established  by  this  subdivision[,  and
 provided  further  that no more than twenty-two charters may be reissued
 pursuant to this paragraph].
   (c) For purposes of determining the total number  of  charters  issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter authorized to be issued by chapter fifty-seven of  the  laws  of
 two  thousand  seven  effective July first, two thousand seven, and that
 remains unissued as of July first, two thousand fifteen, may  be  issued
 pursuant  to the provisions of law applicable to a charter authorized to
 be issued by such chapter in effect as of June fifteenth,  two  thousand
 fifteen[;  provided  however  that  nothing  in  this paragraph shall be
 construed to increase the numerical limit applicable to a city having  a
 population  of  one million or more as provided in paragraph (a) of this
 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
   § 5. Clauses (A) and (B) of subparagraph 5 of paragraph (e) of  subdi-
 vision  3 of section 2853 of the education law, as amended by section 11
 of part A of chapter 54 of the laws of 2016,  are  amended  to  read  as
 follows:
   (A)  the actual TOTAL FACILITY rental cost of an alternative privately
 owned site selected by the charter school or
   (B) [twenty] THIRTY percent of the product  of  the  charter  school's
 basic  tuition  for  the  current  school year and (i) for a new charter
 school that first commences instruction on  or  after  July  first,  two
 thousand fourteen, the charter school's current year enrollment; or (ii)
 for  a  charter  school  which expands its grade level, pursuant to this
 article, the positive difference of the charter school's  enrollment  in
 the  current  school  year  minus the charter school's enrollment in the
 school year prior to the first year of the expansion.
   § 5-a. Paragraph c of subdivision 6-g of section 3602 of the education
 law, as amended by section 11-a of part A of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   c.  For  purposes of this subdivision, the approved expenses attribut-
 able to a lease by a charter school of a privately owned site  shall  be
 the  lesser  of  the actual [rent paid] TOTAL FACILITY RENTAL COST under
 the lease or the maximum cost allowance established by the  commissioner
 for leases aidable under subdivision six of this section.
   § 5-b. Paragraph (e) of subdivision 3 of section 2853 of the education
 law is amended by adding a new subparagraph 1-a to read as follows:
   (1-A)  THE  CO-LOCATION  SITE OR ALTERNATIVE SPACE OFFERED PURSUANT TO
 SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE  SUFFICIENT  TO  ACCOMMODATE
 APPROVED  GRADE LEVELS WITHIN THE SAME BUILDING WITHIN BANDS AS FOLLOWS:
 KINDERGARTEN THROUGH GRADE 4, GRADES 5-8,  AND  GRADES  9-12,  INCLUDING
 THOSE  GRADE  LEVELS  NOT  YET  IN OPERATION AT THE TIME OF OFFERING BUT
 INCLUDED WITHIN THE CHARTER SCHOOL'S PLANNED  GRADE  CONFIGURATION.  THE
 DEFINED GRADE LEVEL BANDS HEREIN SHALL INCLUDE AN ALLOWABLE DEVIATION OF
 ONE  GRADE LEVEL ABOVE OR BELOW THE STATED LEVELS IF SUCH GRADE LEVEL IS
 AN EXISTING APPROVED GRADE LEVEL OF THE CHARTER SCHOOL.
   § 6. Subdivision 41 of section 3602 of the education law, as added  by
 section  18 of part B of chapter 57 of the laws of 2007, the subdivision

 S. 2006--A                          8                         A. 3006--A
 
 heading and opening paragraph as amended by section  20  of  part  B  of
 chapter 57 of the laws of 2008, is amended to read as follows:
   41.  Transitional  aid for charter school payments. In addition to any
 other apportionment under this section, for the two thousand  seven--two
 thousand  eight school year and thereafter, a school district other than
 a city school district in a city having a population of one  million  or
 more  shall  be  eligible for an apportionment in an amount equal to the
 sum of
   (a) the product of (i) the product of eighty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the base
 year less the number of resident pupils enrolled in a charter school  in
 the  year  prior  to  the  base  year,  provided, however, that a school
 district shall be eligible for an apportionment pursuant to  this  para-
 graph  only  if  the  number  of its resident pupils enrolled in charter
 schools in the base year exceeds  two  percent  of  the  total  resident
 public  school  district  enrollment of such school district in the base
 year or the total general fund payments made by such district to charter
 schools in the base year for resident pupils enrolled in charter schools
 exceeds two percent of total general fund expenditures of such  district
 in the base year, plus
   (b)  the product of (i) the product of sixty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the year
 prior to the base year less the number of resident pupils enrolled in  a
 charter  school  in the year two years prior to the base year, provided,
 however, that a school district shall be eligible for  an  apportionment
 pursuant  to  this  paragraph  only if the number of its resident pupils
 enrolled in charter schools in the year prior to the base  year  exceeds
 two  percent  of the total resident public school district enrollment of
 such school district in the year prior to the base  year  or  the  total
 general  fund  payments  made by such district to charter schools in the
 year prior to the base year for  resident  pupils  enrolled  in  charter
 schools  exceeds  two  percent of the total general fund expenditures of
 such district in the year prior to the base year, plus
   (c) the product of (i) the product of forty percent multiplied by  the
 charter  school  basic tuition computed for such school district for the
 base year pursuant to section twenty-eight  hundred  fifty-six  of  this
 chapter,  multiplied  by  (ii)  the  positive difference, if any, of the
 number of resident pupils enrolled in the charter school in the year two
 years prior to the base year less the number of resident pupils enrolled
 in a charter school in the year three years  prior  to  the  base  year,
 provided,  however,  that  a  school  district  shall be eligible for an
 apportionment pursuant to this paragraph only if the number of its resi-
 dent pupils enrolled in charter schools in the year two years  prior  to
 the  base  year  exceeds two percent of the total resident public school
 district enrollment of such school district in the year two years  prior
 to  the  base  year  or  the  total  general  fund payments made by such
 district to charter schools in the year two years prior to the base year
 for resident pupils enrolled in charter schools exceeds two  percent  of
 the  total  general  fund  expenditures of such district in the year two
 years prior to the base year[.], PLUS

 S. 2006--A                          9                         A. 3006--A
 
   (d) FOR AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO  THOUSAND  NINE-
 TEEN  SCHOOL  YEAR THE PRODUCT OF (I) NINETY PERCENT, MULTIPLIED BY (II)
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR SUCH SCHOOL DISTRICT FOR THE BASE YEAR PURSUANT TO SECTION
 TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER LESS THE CHARTER SCHOOL
 BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT  FOR  THE  TWO  THOUSAND
 TEN--TWO  THOUSAND  ELEVEN  SCHOOL YEAR PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED FIFTY-SIX OF THIS CHAPTER, MULTIPLIED BY  (III)  THE  NUMBER  OF
 RESIDENT  PUPILS  ENROLLED  IN  THE  CHARTER  SCHOOL  IN  THE BASE YEAR,
 PROVIDED, HOWEVER, THAT A SCHOOL  DISTRICT  SHALL  BE  ELIGIBLE  FOR  AN
 APPORTIONMENT PURSUANT TO THIS PARAGRAPH ONLY IF THE NUMBER OF ITS RESI-
 DENT  PUPILS  ENROLLED  IN CHARTER SCHOOLS IN THE BASE YEAR EXCEEDS FIVE
 THOUSANDTHS (0.005) OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLL-
 MENT OF SUCH SCHOOL DISTRICT IN THE BASE YEAR OR THE TOTAL GENERAL  FUND
 PAYMENTS  MADE  BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE BASE YEAR FOR
 RESIDENT PUPILS ENROLLED IN CHARTER  SCHOOLS  EXCEEDS  FIVE  THOUSANDTHS
 (0.005)  OF  THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE
 BASE YEAR, PLUS
   (E) FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY
 SCHOOL  YEAR  THE  PRODUCT  OF (I) SIXTY PERCENT, MULTIPLIED BY (II) THE
 POSITIVE DIFFERENCE,  IF  ANY,  OF  THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR  SUCH  SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER  LESS
 THE  CHARTER  SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT FOR
 THE TWO THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR  PURSUANT  TO
 SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER, MULTIPLIED BY
 (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE  CHARTER  SCHOOL  IN
 THE  YEAR  PRIOR  TO  THE  BASE  YEAR,  PROVIDED, HOWEVER, THAT A SCHOOL
 DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO  THIS  PARA-
 GRAPH  ONLY  IF  THE  NUMBER  OF ITS RESIDENT PUPILS ENROLLED IN CHARTER
 SCHOOLS IN THE YEAR PRIOR TO THE  BASE  YEAR  EXCEEDS  FIVE  THOUSANDTHS
 (0.005)  OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT OF SUCH
 SCHOOL DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR OR THE TOTAL  GENERAL
 FUND PAYMENTS MADE BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE YEAR PRIOR
 TO THE BASE YEAR FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS
 FIVE  THOUSANDTHS (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF SUCH
 DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR, PLUS
   (F) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-
 ONE  SCHOOL  YEAR  THE PRODUCT OF (I) THIRTY PERCENT, MULTIPLIED BY (II)
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR  SUCH  SCHOOL DISTRICT FOR THE YEAR TWO YEARS PRIOR TO THE
 BASE YEAR PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED  FIFTY-SIX  OF  THIS
 CHAPTER  LESS  THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL
 DISTRICT FOR THE TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR
 PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER,
 MULTIPLIED BY (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE  CHAR-
 TER  SCHOOL  IN  THE  YEAR  TWO  YEARS PRIOR TO THE BASE YEAR, PROVIDED,
 HOWEVER, THAT A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR  AN  APPORTIONMENT
 PURSUANT  TO  THIS  PARAGRAPH  ONLY IF THE NUMBER OF ITS RESIDENT PUPILS
 ENROLLED IN CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 EXCEEDS FIVE THOUSANDTHS (0.005) OF THE  TOTAL  RESIDENT  PUBLIC  SCHOOL
 DISTRICT  ENROLLMENT OF SUCH SCHOOL DISTRICT IN THE YEAR TWO YEARS PRIOR
 TO THE BASE YEAR OR  THE  TOTAL  GENERAL  FUND  PAYMENTS  MADE  BY  SUCH
 DISTRICT TO CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS FIVE THOUSANDTHS

 S. 2006--A                         10                         A. 3006--A

 (0.005)  OF  THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE
 YEAR TWO YEARS PRIOR TO THE BASE YEAR.
   (G)  For purposes of this subdivision the number of pupils enrolled in
 a charter school shall not include pupils enrolled in a  charter  school
 for  which  the  charter  was  approved by a charter entity contained in
 paragraph a of subdivision three of section twenty-eight hundred  fifty-
 one of this chapter.
   §  7.  Paragraph  a  of subdivision 33 of section 305 of the education
 law, as amended by chapter 621 of the laws of 2003, is amended  to  read
 as follows:
   a.  The  commissioner  shall  establish procedures for the approval of
 providers of supplemental educational services in  accordance  with  the
 provisions of subsection (e) of section one thousand one hundred sixteen
 of  the  No Child Left Behind Act of 2001 and shall adopt regulations to
 implement such procedures. Notwithstanding any other provision of  state
 or  local law, rule or regulation to the contrary, any local educational
 agency that receives federal funds pursuant to title I of the Elementary
 and Secondary Education Act of nineteen hundred sixty-five, as  amended,
 shall be authorized to contract with the approved provider selected by a
 student's  parent,  as  such  term is defined in subsection [thirty-one]
 THIRTY-EIGHT of section [nine] EIGHT thousand one hundred one of the [No
 Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
 NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, for the  provision  of  supple-
 mental  educational  services  to the extent required under such section
 one thousand one hundred sixteen.   Eligible  approved  providers  shall
 include,  but  not be limited to, public schools, BOCES, institutions of
 higher education, and community based organizations.
   § 8. Subdivision 7 of section 2802 of the education law, as amended by
 chapter 425 of the laws of 2002, is amended to read as follows:
   7. Notwithstanding any other provision of state or local law, rule  or
 regulation  to  the  contrary,  any  student  who attends a persistently
 dangerous public elementary or secondary school, as  determined  by  the
 commissioner  pursuant  to  paragraph a of this subdivision, or who is a
 victim of a violent criminal offense, as defined pursuant to paragraph b
 of this subdivision, that occurred on the grounds of a public elementary
 or secondary school that the student attends, shall be allowed to attend
 a safe public school within the local educational agency to  the  extent
 required  by section [ninety-five] EIGHTY-FIVE hundred thirty-two of the
 [No Child Left Behind Act of 2001] ELEMENTARY  AND  SECONDARY  EDUCATION
 ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED.
   a.  The  commissioner shall annually determine which public elementary
 and secondary schools are  persistently  dangerous  in  accordance  with
 regulations  of the commissioner developed in consultation with a repre-
 sentative sample of local educational agencies. Such determination shall
 be based on data submitted through the uniform violent incident  report-
 ing  system over a period prescribed in the regulations, which shall not
 be less than two years.
   b. Each local educational agency required  to  provide  unsafe  school
 choice  shall establish procedures for determinations by the superinten-
 dent of schools or other chief school officer of whether  a  student  is
 the victim of a violent criminal offense that occurred on school grounds
 of  the  school that the student attends. Such superintendent of schools
 or other chief school officer shall, prior to making any  such  determi-
 nation,  consult  with  any  law  enforcement  agency investigating such
 alleged violent criminal offense and consider  any  reports  or  records
 provided  by  such  agency.  The trustees or board of education or other

 S. 2006--A                         11                         A. 3006--A
 
 governing board of a local educational agency may provide, by local rule
 or by-law, for appeal of the  determination  of  the  superintendent  of
 schools  to such governing board. Notwithstanding any other provision of
 law  to  the  contrary,  the  determination of such chief school officer
 pursuant to this paragraph shall not have collateral estoppel effect  in
 any  student  disciplinary proceeding brought against the alleged victim
 or perpetrator of such violent criminal offense. For  purposes  of  this
 subdivision, "violent criminal offense" shall mean a crime that involved
 infliction  of  serious  physical  injury upon another as defined in the
 penal law, a sex offense that involved forcible compulsion or any  other
 offense defined in the penal law that involved the use or threatened use
 of a deadly weapon.
   c.  Each  local  educational agency, as defined in subsection [twenty-
 six] THIRTY of section [ninety-one] EIGHTY-ONE hundred one  of  the  [No
 Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
 NINETEEN  HUNDRED  SIXTY-FIVE,  AS  AMENDED, that is required to provide
 school choice pursuant  to  section  [ninety-five]  EIGHTY-FIVE  hundred
 thirty-two  of  the  [No  Child  Left Behind Act of 2001] ELEMENTARY AND
 SECONDARY EDUCATION ACT OF  NINETEEN  HUNDRED  SIXTY-FIVE,  AS  AMENDED,
 shall establish procedures for notification of parents of, or persons in
 parental  relation  to, students attending schools that have been desig-
 nated as persistently dangerous and parents of, or persons  in  parental
 relation  to,  students  who are victims of violent criminal offenses of
 their right to transfer to a safe public school within the local  educa-
 tional  agency  and procedures for such transfer, except that nothing in
 this subdivision shall be construed to require such  notification  where
 there are no other public schools within the local educational agency at
 the same grade level or such transfer to a safe public school within the
 local  educational  agency is otherwise impossible or to require a local
 educational agency that has only one  public  school  within  the  local
 educational  agency  or  only  one  public school at each grade level to
 develop such procedures. The commissioner shall be authorized  to  adopt
 any  regulations deemed necessary to assure that local educational agen-
 cies implement the provisions of this subdivision.
   § 9. Subdivision 7 of section 3214 of the education law, as  added  by
 chapter 101 of the laws of 2003, is amended to read as follows:
   7.   Transfer  of  disciplinary  records.  Notwithstanding  any  other
 provision of law to the contrary, each local educational agency, as such
 term is defined in subsection [twenty-six] THIRTY  of  section  [ninety-
 one]  EIGHTY-ONE  hundred  one of the Elementary and Secondary Education
 Act of 1965, as amended, shall establish procedures in  accordance  with
 section  [forty-one hundred fifty-five] EIGHTY-FIVE HUNDRED THIRTY-SEVEN
 of the Elementary and Secondary Education Act of 1965, as  amended,  and
 the Family Educational Rights and Privacy Act of 1974, to facilitate the
 transfer of disciplinary records relating to the suspension or expulsion
 of  a  student to any public or nonpublic elementary or secondary school
 in which such student enrolls or seeks,  intends  or  is  instructed  to
 enroll, on a full-time or part-time basis.
   §  10.  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

 S. 2006--A                         12                         A. 3006--A
 
 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 NINETEEN A SUPER-
 INTENDENT  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 TWENTY, A  SUPER-
 INTENDENT  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 superinten-
 dent 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  criminal
 procedure  law,  who  has  been  determined  to have brought a weapon or
 firearm to school in violation of this subdivision  to  the  appropriate
 law enforcement officials.
   §  11.  Paragraph  d of subdivision 3 of section 3214 of the education
 law, as amended by chapter 181 of the laws of 2000, is amended  to  read
 as follows:
   d.  Consistent  with  the  federal  gun-free  schools  act of nineteen
 hundred ninety-four, any public school pupil  who  is  determined  under
 this  subdivision  to have brought a weapon to 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 weapon to 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 participation in such program. The
 procedures of this subdivision shall apply to such  a  suspension  of  a

 S. 2006--A                         13                         A. 3006--A
 
 nonpublic  school  pupil.  A  superintendent of schools, district super-
 intendent of schools or community superintendent shall have the authori-
 ty 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 paragraph c of this  subdi-
 vision  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 indi-
 viduals 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 weapon to school in violation
 of this subdivision to a presentment agency for a  juvenile  delinquency
 proceeding  consistent with article three of the family court act except
 a student fourteen or fifteen years of age who  qualifies  for  juvenile
 offender status under subdivision forty-two of section 1.20 of the crim-
 inal  procedure law; PROVIDED, HOWEVER THAT COMMENCING ON JANUARY FIRST,
 TWO THOUSAND NINETEEN 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  JUVE-
 NILE  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 TWENTY, 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  JUVE-
 NILE  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 criminal procedure law, who has been determined to
 have brought a weapon to school in violation of this subdivision to  the
 appropriate law enforcement officials.
   §  12.  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  35 of part A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   § 4. This act shall take effect July 1, 2002 and shall expire  and  be
 deemed repealed June 30, [2017] 2018.
   §  13.  Section  5  of  chapter  101 of the laws of 2003, amending the
 education law relating to the implementation of the No Child Left Behind
 Act of 2001, as amended by section 36 of part A of  chapter  54  of  the
 laws of 2016, is amended to read as follows:
   §  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, [2017] 2018.
   §  14.  Paragraph  o of subdivision 1 of section 3602 of the education
 law, as amended by section 15 of part A of chapter 54  of  the  laws  of
 2016, is amended to read as follows:
   o.  "English  language  learner count" shall mean the number of pupils
 served in the base year in programs for  pupils  [with  limited  English
 proficiency]  WHO  ARE ENGLISH LANGUAGE LEARNERS approved by the commis-

 S. 2006--A                         14                         A. 3006--A
 
 sioner pursuant to the provisions of this chapter and in accordance with
 regulations adopted for such purpose.
   § 15. The commissioner of education shall include direct certification
 data,  for the three most recently available school years, as referenced
 in the report submitted by such commissioner pursuant to section  46  of
 part  A of chapter 54 of the laws of 2016 in the updated electronic data
 files prepared pursuant to paragraph b of subdivision 21 of section  305
 of the education law.
   §  16.  Subparagraph  (ii)  of paragraph q of subdivision 1 of section
 3602 of the education law, as amended by section 25 of part A of chapter
 58 of the laws of 2011, is amended to read as follows:
   (ii) "Census count" shall  mean  the  product  of  the  public  school
 enrollment  of the school district on the date enrollment was counted in
 accordance with this subdivision for the base year multiplied by (A) FOR
 AID FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND  SEVENTEEN--TWO  THOUSAND
 EIGHTEEN SCHOOL YEAR, the quotient of the number of persons aged five to
 seventeen within the school district, based on the most recent decennial
 census  as tabulated by the National Center on Education Statistics, who
 were enrolled in public schools and whose families had incomes below the
 poverty level, divided by the total  number  of  persons  aged  five  to
 seventeen  within  the  school district, based on such decennial census,
 who were enrolled in public schools, computed to four  decimals  without
 rounding,  OR  (B)  FOR AID FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR AND THEREAFTER, THE QUOTIENT OF (1) THE SUM OF  THE
 NUMBER  OF  PERSONS  AGED  FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT,
 BASED ON THE SMALL AREA INCOME AND POVERTY  ESTIMATES  PRODUCED  BY  THE
 UNITED STATES CENSUS BUREAU, WHOSE FAMILIES HAD INCOMES BELOW THE POVER-
 TY LEVEL FOR THE YEAR TWO YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR
 BEGAN,  PLUS  SUCH  NUMBER FOR THE YEAR THREE YEARS PRIOR TO THE YEAR IN
 WHICH THE BASE YEAR BEGAN, PLUS SUCH NUMBER  FOR  THE  YEAR  FOUR  YEARS
 PRIOR  TO  THE YEAR IN WHICH THE BASE YEAR BEGAN, DIVIDED BY (2) THE SUM
 OF THE TOTAL NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE  SCHOOL
 DISTRICT,  BASED ON SUCH CENSUS BUREAU ESTIMATES, FOR THE YEAR TWO YEARS
 PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH  TOTAL  NUMBER
 FOR THE YEAR THREE YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN,
 PLUS  SUCH  TOTAL  NUMBER  FOR  THE YEAR FOUR YEARS PRIOR TO THE YEAR IN
 WHICH THE BASE YEAR BEGAN, COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING.
   § 17. Paragraph g of subdivision 3 of section 3602  of  the  education
 law,  as  amended  by  section 13 of part B of chapter 57 of the laws of
 2008, is amended to read as follows:
   g. Computation of the state sharing ratio.  The  state  sharing  ratio
 shall be the higher of:
   (1)  a  value  computed  by  subtracting  from  one  and  thirty-seven
 hundredths the product obtained by multiplying the combined wealth ratio
 by one and twenty-three hundredths; or
   (2) a value computed by subtracting from one the product  obtained  by
 multiplying the combined wealth ratio by sixty-four hundredths; or
   (3) a value computed by subtracting from eighty hundredths the product
 obtained  by  multiplying  the  combined  wealth  ratio  by  thirty-nine
 hundredths; or
   (4) a value computed by  subtracting  from  fifty-one  hundredths  the
 product  obtained by multiplying the combined wealth ratio by twenty-two
 hundredths, provided, however, that for the  purpose  of  computing  the
 state  sharing ratio for total foundation aid, the tier four value shall
 NOT be computed [by subtracting from fifty-one  hundredths  the  product
 obtained  by multiplying the combined wealth ratio by one hundred seven-

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

 ty-three thousandths] and  such  values  shall  be  computed  using  the
 combined  wealth ratio for total foundation aid in place of the combined
 wealth ratio, and, for high need school districts, as determined  pursu-
 ant  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", such values
 shall be multiplied by one hundred five percent.
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero.
   § 18. Subdivision 1 of section 3602 of the education law is amended by
 adding a new paragraph hh to read as follows:
   HH. OPERATING AMOUNT PER PUPIL. THE OPERATING AMOUNT PER  PUPIL  SHALL
 EQUAL  THE  REMAINDER  WHEN  THE  EXPECTED MINIMUM LOCAL CONTRIBUTION IS
 SUBTRACTED FROM THE PRODUCT OF THE ADJUSTED COST  AMOUNT,  THE  REGIONAL
 COST INDEX, AND THE PUPIL NEED INDEX.
   (I)  THE ADJUSTED COST AMOUNT SHALL REFLECT THE AVERAGE PER PUPIL COST
 OF GENERAL EDUCATION INSTRUCTION  IN  SUCCESSFUL  SCHOOL  DISTRICTS,  AS
 DETERMINED  BY  A STATISTICAL ANALYSIS OF THE COSTS OF SPECIAL EDUCATION
 AND GENERAL EDUCATION IN SUCCESSFUL SCHOOL DISTRICTS, PROVIDED THAT  THE
 ADJUSTED  COST AMOUNT SHALL BE ADJUSTED ANNUALLY TO REFLECT THE PERCENT-
 AGE INCREASE IN THE CONSUMER PRICE INDEX.
   (II) 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 SEVENTEEN--TWO THOUSAND
 EIGHTEEN 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
   (III) THE PUPIL NEED INDEX  SHALL  EQUAL  THE  SUM  OF  ONE  PLUS  THE
 EXTRAORDINARY  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.
   (IV) THE EXPECTED MINIMUM LOCAL CONTRIBUTION SHALL EQUAL THE LESSER OF
 (1)  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 (2) THE PRODUCT OF (A) THE PRODUCT OF THE ADJUSTED COST
 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

 S. 2006--A                         16                         A. 3006--A
 
 OF PARAGRAPH E OF THIS SUBDIVISION PLUS THE STATEWIDE AVERAGE  TAX  RATE
 COMPUTED  BY  THE COMMISSIONER FOR THE BASE YEAR IN ACCORDANCE WITH SUCH
 PROVISIONS PLUS THE STATEWIDE AVERAGE TAX RATE COMPUTED BY  THE  COMMIS-
 SIONER  FOR  THE  YEAR  PRIOR  TO  THE BASE YEAR IN ACCORDANCE WITH SUCH
 PROVISIONS, DIVIDED BY THREE. THE INCOME WEALTH INDEX  SHALL  BE  CALCU-
 LATED  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
 ZERO  NOR MORE THAN TWO HUNDRED PERCENT (2.0). THE SELECTED ACTUAL VALU-
 ATION SHALL BE CALCULATED PURSUANT TO PARAGRAPH C OF  THIS  SUBDIVISION.
 TOTAL  WEALTH  FOUNDATION  PUPIL  UNITS  SHALL BE CALCULATED PURSUANT TO
 PARAGRAPH H OF SUBDIVISION TWO OF THIS SECTION.
   § 19. Paragraph a of subdivision 9 of section 3602  of  the  education
 law,  as  amended  by  section  9 of part A of chapter 57 of the laws of
 2013, is amended to read as follows:
   a. For aid payable in  the  two  thousand  seven--two  thousand  eight
 school year and thereafter, school districts which provided any half-day
 kindergarten  programs  or  had no kindergarten programs in the nineteen
 hundred ninety-six--ninety-seven school year and in the base  year,  and
 which  have  not received an apportionment pursuant to this paragraph in
 any prior school year, shall be eligible for aid equal to the product of
 the district's [selected foundation aid calculated pursuant to  subdivi-
 sion four] OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH HH OF SUBDI-
 VISION ONE of this section multiplied by the positive difference result-
 ing  when  the  full  day  kindergarten enrollment of children attending
 programs in the district in  the  base  year  is  subtracted  from  such
 enrollment in the current year.
   §  20.  Paragraph c of subdivision 15 of section 3602 of the education
 law, as amended by section 16 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   c.  In  addition  to  any  other aid computed under this section, such
 school district shall be eligible to receive, for each  excess  transfer
 pupil, an amount equal to the [selected foundation aid for such district
 computed pursuant to subdivision four] OPERATING AMOUNT PER PUPIL PURSU-
 ANT TO PARAGRAPH HH OF SUBDIVISION ONE of this section.
   §  21.  Subdivision 4 of section 3602 of the education law, as amended
 by section 5-a of part A of chapter 56 of the laws of 2015, the  opening
 paragraph,  subparagraph 1 of paragraph a, clause (ii) of subparagraph 2
 of paragraph b and paragraph d as amended and paragraph b-2  as  amended
 by section 7 of part A of chapter 54 of the laws of 2016, paragraph e as
 added  by  section  8  of  part  A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   4. Total foundation aid.   [In addition  to  any  other  apportionment
 pursuant  to  this  chapter, a school district, other than a special act
 school district as defined in subdivision eight of section four thousand
 one of this chapter, shall be eligible for total foundation aid equal to
 the product of total aidable foundation pupil units  multiplied  by  the
 district's  selected  foundation aid, which shall be the greater of five
 hundred dollars ($500) or foundation formula aid, provided, however that
 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

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

 further  that  for the two thousand twelve--two thousand thirteen school
 year, no school district shall receive total foundation aid in excess of
 the sum of the total foundation aid base for  aid  payable  in  the  two
 thousand  eleven--two  thousand  twelve school year computed pursuant to
 subparagraph (ii) of paragraph j of subdivision  one  of  this  section,
 plus  the  phase-in foundation increase computed pursuant to paragraph b
 of this subdivision, and provided further  that  for  the  two  thousand
 thirteen--two  thousand  fourteen  school year and thereafter, no school
 district shall receive total foundation aid in excess of the sum of  the
 total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
 paragraph j of subdivision one of this section, plus the phase-in  foun-
 dation  increase  computed  pursuant to paragraph b of this subdivision,
 and provided further that for the  two  thousand  sixteen--two  thousand
 seventeen  school year, no eligible school districts shall receive total
 foundation aid in excess of the sum of the  total  foundation  aid  base
 computed pursuant to subparagraph (ii) of paragraph j of subdivision one
 of  this  section  plus the sum of (A) the phase-in foundation increase,
 (B) the executive foundation increase with a minimum  increase  pursuant
 to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
 NITY  SCHOOLS  AID" in the computer listing produced by the commissioner
 in support  of  the  executive  budget  request  for  the  two  thousand
 sixteen--two  thousand  seventeen  school  year  and entitled "BT161-7",
 where (1) "eligible school district" shall be defined as a district with
 (a) an unrestricted aid increase of less than seven percent  (0.07)  and
 (b)  a  three  year average free and reduced price lunch percent greater
 than fifteen percent (0.15), and (2) "unrestricted aid  increase"  shall
 mean  the quotient arrived at when dividing (a) the sum of the executive
 foundation aid increase plus the gap elimination adjustment for the base
 year, by (b) the difference of foundation aid for the base year less the
 gap elimination adjustment for the base year, and (3) "executive founda-
 tion increase" shall mean the difference of (a) the  amounts  set  forth
 for  each school district as "FOUNDATION AID" under the heading "2016-17
 ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
 commissioner  in  support  of  the  executive budget request for the two
 thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
 "BT161-7"  less  (b)  the  amounts set forth for each school district as
 "FOUNDATION AID" under the heading "2015-16  BASE  YEAR  AIDS"  in  such
 computer  listing  and  provided further that total foundation aid shall
 not be less than the product of the total foundation aid  base  computed
 pursuant  to paragraph j of subdivision one of this section and the due-
 minimum percent which shall be, for the two thousand  twelve--two  thou-
 sand  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 thousandths  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 there-
 in, nor more than the product of such total foundation aid base and  one
 hundred  fifteen  percent,  provided, however, that for the two thousand
 sixteen--two thousand seventeen school year such  maximum  shall  be  no

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

 more  than  the sum of (i) the product of such total foundation aid base
 and one hundred fifteen  percent  plus  (ii)  the  executive  foundation
 increase  and plus (iii) "COMMUNITY SCHOOLS AID" in the computer listing
 produced  by the commissioner in support of the executive budget request
 for the two thousand sixteen--two thousand  seventeen  school  year  and
 entitled  "BT161-7" and provided further that for the two thousand nine-
 -two thousand ten  through  two  thousand  eleven--two  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.]
   A. FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL  YEAR,
 DISTRICTS  SHALL BE ELIGIBLE FOR FOUNDATION AID EQUAL TO THE SUM OF: (1)
 THE BASE INCREASE, PLUS (2) THE COMMUNITY SCHOOLS INCREASE, PLUS (3) THE
 FOUNDATION AID BASE, AS DEFINED PURSUANT TO PARAGRAPH J  OF  SUBDIVISION
 ONE  OF  THIS SECTION. FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
 TEEN SCHOOL YEAR AND THEREAFTER, DISTRICTS SHALL BE ELIGIBLE FOR FOUNDA-
 TION AID EQUAL TO THE AMOUNT OF FOUNDATION AID SUCH DISTRICT RECEIVED IN
 THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR.
   1. THE BASE INCREASE SHALL BE EQUAL TO THE GREATER OF  THE  FOUNDATION
 AID  PER  PUPIL  INCREASE  OR  THE  SCALED  PER PUPIL INCREASE. THE BASE
 INCREASE SHALL NOT EXCEED THE PRODUCT OF FIFTEEN PERCENT  MULTIPLIED  BY
 THE  FOUNDATION  AID  BASE  AND  SHALL  NOT BE LESS THAN THE DUE MINIMUM
 INCREASE.
   (I) THE FOUNDATION AID PER PUPIL INCREASE SHALL BE EQUAL TO THE  PROD-
 UCT  OF THE SELECTED PER PUPIL FOUNDATION AID INCREASE AS DEFINED HEREIN
 MULTIPLIED BY THE SELECTED TOTAL AIDABLE FOUNDATION PUPIL UNITS COMPUTED
 PURSUANT TO PARAGRAPH G OF SUBDIVISION TWO OF THIS SECTION.
   (A) THE SELECTED PER PUPIL FOUNDATION AID INCREASE SHALL BE  EQUAL  TO
 THE  PER  PUPIL  FOUNDATION INCREASE AS DEFINED HEREIN LESS THE SELECTED
 LOCAL SHARE, WITH A MINIMUM OF FIVE HUNDRED DOLLARS ($500) MULTIPLIED BY
 THE PER PUPIL FOUNDATION INCREASE FACTOR, ROUNDED TO TWO DECIMALS.
   (B) THE PER PUPIL FOUNDATION INCREASE  FACTOR  FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR SHALL BE EQUAL TO ONE AND
 TWO HUNDRED TWENTY-SEVEN THOUSANDTHS PERCENT (0.01227).
   (C) THE PER PUPIL FOUNDATION INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 (I) THE PRODUCT OF THE ADJUSTED COST AMOUNT, THE REGIONAL COST INDEX  AS
 SET  FORTH  IN  PARAGRAPH  HH OF SUBDIVISION ONE OF THIS SECTION AND THE
 PUPIL NEED INDEX COMPUTED TO TWO DECIMALS WITHOUT  ROUNDING,  MULTIPLIED
 BY (II) THE PER PUPIL FOUNDATION INCREASE FACTOR.
   (D)  THE  SELECTED LOCAL SHARE SHALL BE EQUAL TO THE LESSER OF (A) THE
 PRODUCT OF THE PER PUPIL FOUNDATION INCREASE AND THE VALUE  COMPUTED  BY
 SUBTRACTING  FROM  ONE  THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID
 COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF  THIS  SECTION,
 ROUNDED  TO  TWO  DECIMALS OR (B) THE PRODUCT OF THE QUOTIENT ARRIVED AT
 WHEN DIVIDING THE SELECTED ACTUAL VALUATION BY TOTAL  WEALTH  FOUNDATION
 PUPIL UNITS, MULTIPLIED BY THE PRODUCT OF THE INCOME WEALTH INDEX MULTI-
 PLIED  BY  THE  LOCAL  TAX FACTOR MULTIPLIED BY THE PER PUPIL FOUNDATION
 INCREASE FACTOR, PROVIDED, HOWEVER, THAT THE INCOME WEALTH  INDEX  SHALL
 NOT BE LESS THAN ZERO NOR EXCEED TWO HUNDRED PERCENT (2.0).
   (II)  THE  SCALED  PER PUPIL INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 ONE HUNDRED NINETY-FIVE DOLLARS ($195)  MULTIPLIED  BY  THE  SCALED  PER
 PUPIL  RATIO, MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLL-
 MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVI-
 SION ONE OF THIS SECTION. THE SCALED PER PUPIL RATIO SHALL BE THE  VALUE

 S. 2006--A                         19                         A. 3006--A
 
 COMPUTED  BY  SUBTRACTING  FROM  TWO  THE  PRODUCT  OF  TWO  AND FIFTEEN
 HUNDREDTHS (2.15) MULTIPLIED BY THE  COMBINED  WEALTH  RATIO  FOR  TOTAL
 FOUNDATION  AID,  DEFINED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF
 SUBDIVISION  THREE  OF  THIS  SECTION,  COMPUTED TO THREE DECIMAL PLACES
 WITHOUT ROUNDING. THE SCALED PER PUPIL  RATIO  SHALL  NOT  EXCEED  NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   (III)  THE  DUE  MINIMUM INCREASE SHALL BE EQUAL TO THE PRODUCT OF THE
 FOUNDATION AID BASE AND THE DUE MINIMUM PERCENT. FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL YEAR, THE DUE MINIMUM PERCENT
 SHALL EQUAL: (A) FOR A CITY SCHOOL DISTRICT OF A  CITY  HAVING  A  POPU-
 LATION  OF  ONE MILLION OR MORE, TWO AND NINETY-THREE HUNDREDTHS PERCENT
 (0.0293);(B) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN
 EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND  LESS  THAN  ONE  MILLION
 INHABITANTS,  TWO  AND  ONE-HUNDRED  AND  SIXTY-FIVE THOUSANDTHS PERCENT
 (0.02165), AND (C) FOR ALL OTHER PUBLIC SCHOOL DISTRICTS, OTHER  THAN  A
 SPECIAL  ACT  SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 FOUR THOUSAND ONE OF THIS CHAPTER,  ELIGIBLE  FOR  FOUNDATION  AID,  ONE
 PERCENT (0.01).
   2.  THE  COMMUNITY  SCHOOLS INCREASE SHALL BE, FOR ALL ELIGIBLE SCHOOL
 DISTRICTS, EQUAL TO THE PRODUCT OF THE SCALED PER  PUPIL  AMOUNT  MULTI-
 PLIED  BY  THE  BASE  YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED
 PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE  OF  THIS
 SECTION,  BUT  SHALL  NOT  BE  LESS  THAN ONE-HUNDRED AND FIFTY THOUSAND
 DOLLARS ($150,000).
   (I) (A) A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR THE COMMUNITY  SCHOOLS
 INCREASE  IF (1) THE SCHOOL DISTRICT CONTAINS AT LEAST ONE SCHOOL DESIG-
 NATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO
 PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F
 OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND SEVENTEEN OR  (2)  THE
 SCHOOL  DISTRICT  HAS  BOTH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
 AID LESS THAN ONE AND TWO-TENTHS (1.2)  AND  HAS  A  QUALIFYING  ENGLISH
 LANGUAGE LEARNER POPULATION LEVEL.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, A QUALIFYING ENGLISH LANGUAGE
 LEARNER POPULATION LEVEL SHALL MEAN THOSE SCHOOL DISTRICTS WHERE (1) THE
 QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT  BY
 THE  BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO
 SUBPARAGRAPH TWO OF PARAGRAPH N  OF  SUBDIVISION  ONE  OF  THIS  SECTION
 EXCEEDS  FIVE PERCENT (0.05) AND (2) THE POSITIVE DIFFERENCE, IF ANY, OF
 THE ENGLISH LANGUAGE LEARNER COUNT LESS THE  AMOUNT  EQUAL  TO  "2011-12
 ENGLISH  LANGUAGE  LEARNERS"  IN  THE  COMPUTER  LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  FOR  THE  TWO
 THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR ENTITLED "BT171-8"
 IS  GREATER THAN BOTH (A) ONE HUNDRED PUPILS AND (B) THE PRODUCT OF ONE-
 TENTH (0.10) MULTIPLIED BY THE AMOUNT EQUAL TO "2011-12 ENGLISH LANGUAGE
 LEARNERS" IN THE  COMPUTER  LISTING  PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT  OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SEVENTEEN-
 -TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8".
   (II) THE COMMUNITY SCHOOLS SCALED PER PUPIL AMOUNT SHALL BE  EQUAL  TO
 THE  PRODUCT OF EIGHTY-EIGHT DOLLARS AND THREE CENTS ($88.03) MULTIPLIED
 BY THE DIFFERENCE OF SUBTRACTING FROM ONE THE PRODUCT  OF  THE  COMBINED
 WEALTH   RATIO   FOR  TOTAL  FOUNDATION  AID  MULTIPLIED  BY  SIXTY-FOUR
 HUNDREDTHS (0.64), PROVIDED THAT SUCH PRODUCT  SHALL  NOT  EXCEED  NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   B.  For  the purposes of calculating aid pursuant to this subdivision,
 aid for the city school district of the city of New York shall be calcu-
 lated on a citywide basis.

 S. 2006--A                         20                         A. 3006--A
 
   [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 sixteen--two thousand  seventeen  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
 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

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

 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
 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

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

 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  shall  equal  for  an  eligible  school
 district the greater of: (1) for a city school district in a city with a
 population  of  one million or more, seven and seven hundred eighty four
 thousandths percent (0.07784); or (2) for a city school  district  in  a
 city  with a population of more than two hundred fifty thousand but less
 than one million as of the most recent federal decennial  census,  seven
 and three hundredths percent (0.0703); or (3) for a city school district
 in  a  city with a population of more than two hundred thousand but less
 than two hundred fifty thousand as of the most recent federal  decennial
 census,  six  and  seventy-two hundredths percent (0.0672); or (4) for a
 city school district in a city  with  a  population  of  more  than  one
 hundred fifty thousand but less than two hundred thousand as of the most
 recent federal decennial census, six and seventy-four hundredths percent
 (0.0674);  or (5) for a city school district in a city with a population
 of more than one hundred twenty-five thousand but less than one  hundred
 fifty  thousand as of the most recent federal decennial census, nine and
 fifty-five hundredths percent (0.0955); or (6) for school districts that
 were designated  as  small  city  school  districts  or  central  school
 districts  whose  boundaries  include  a portion of a small city for the
 school aid computer listing produced by the commissioner in  support  of
 the  enacted  budget for the two thousand fourteen--two thousand fifteen
 school year and entitled "SA141-5" with a  combined  wealth  ratio  less
 than  one and four tenths (1.4), nine percent (0.09), provided, however,
 that for such districts that are also districts designated as high  need
 urban-suburban pursuant to clause (c) of subparagraph two of paragraph c
 of  subdivision  six of this section for the school aid computer listing

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

 produced by the commissioner in support of the enacted  budget  for  the
 two   thousand  seven--two  thousand  eight  school  year  and  entitled
 "SA0708", nine  and  seven  hundred  and  nineteen  thousandths  percent
 (0.09719);  or  (7)  for  school districts designated as high need rural
 pursuant to clause (c) of subparagraph two of paragraph c of subdivision
 six of this section for the school aid computer listing produced by  the
 commissioner  in  support  of  the  enacted  budget for the two thousand
 seven--two thousand eight school year and  entitled  "SA0708",  thirteen
 and  six  tenths percent (0.136); or (8) for school districts designated
 as high need urban-suburban pursuant to clause (c) of  subparagraph  two
 of  paragraph  c  of  subdivision six of this section for the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
 or (9) for all other eligible school districts,  forty-seven  hundredths
 percent  (0.0047) and for the two thousand seventeen--two thousand eigh-
 teen school year and thereafter the commissioner shall  annually  deter-
 mine  the  phase-in  foundation  increase  factor  subject to allocation
 pursuant to the provisions of subdivision eighteen of this  section  and
 any  provisions of a chapter of the laws of New York as described there-
 in.]
   b-1. Notwithstanding any other provision of law to the  contrary,  for
 the  two  thousand seven--two thousand eight school year and thereafter,
 the additional amount payable to each school district pursuant  to  this
 subdivision in the current year as total foundation aid, after deducting
 the  total  foundation  aid  base,  shall be deemed a state grant in aid
 identified by the commissioner for general use for purposes  of  section
 seventeen hundred eighteen of this chapter.
   [b-2. Due minimum for the two thousand sixteen--two thousand seventeen
 school year. Notwithstanding any other provision of law to the contrary,
 for  the  two  thousand  sixteen--two thousand seventeen school year the
 total foundation aid shall not be less than the sum of the total founda-
 tion aid base computed pursuant to paragraph j  of  subdivision  one  of
 this  section  plus  the  due  minimum for the two thousand sixteen--two
 thousand seventeen school year, where such due minimum shall  equal  the
 difference  of  (1)  the product of (A) two percent (0.02) multiplied by
 (B) the difference of total foundation aid for the base  year  less  the
 gap  elimination  adjustment  for the base year, less (2) the sum of (A)
 the difference of the amounts set forth  for  each  school  district  as
 "FOUNDATION  AID"  under  the  heading  "2016-17  ESTIMATED AIDS" in the
 school aid computer listing produced by the commissioner in  support  of
 the  executive budget request for the two thousand sixteen--two thousand
 seventeen school year and entitled "BT161-7" less the amounts set  forth
 for  each school district as "FOUNDATION AID" under the heading "2015-16
 BASE YEAR AIDS" in such computer listing plus (B)  the  gap  elimination
 adjustment for the base year.]
   c.  Public  excess  cost  aid setaside. Each school district shall set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal  to  the  product  of:  (i)  the
 difference  between  the  amount  the  school  district  was eligible to
 receive in the two thousand six--two thousand seven school year pursuant
 to or in lieu of paragraph six of subdivision nineteen of  this  section
 as  such  paragraph existed on June thirtieth, two thousand seven, minus
 the amount such district was eligible to receive pursuant to or in  lieu
 of  paragraph five of subdivision nineteen of this section as such para-
 graph existed on June thirtieth, two  thousand  seven,  in  such  school

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

 year, and (ii) the sum of one and the percentage increase in the consum-
 er  price  index for the current year over such consumer price index for
 the two thousand six--two thousand seven school year, as computed pursu-
 ant  to 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  through  two
 thousand  [sixteen]  SEVENTEEN--two thousand [seventeen] EIGHTEEN school
 years a city school district of  a  city  having  a  population  of  one
 million or more may use amounts apportioned pursuant to this subdivision
 for afterschool programs.
   e.  Community  schools  aid  set-aside. Each school district shall set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal to  [the  following  amount,  if
 any, for such district and] THE SUM OF (I) THE AMOUNT, IF ANY, SET FORTH
 FOR  SUCH  DISTRICT  AS  "COMMUNITY  SCHL AID (BT1617)" IN THE DATA FILE
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
 TWO  THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED
 "SA161-7" AND (II) THE AMOUNT, IF ANY, SET FORTH FOR  SUCH  DISTRICT  AS
 "COMMUNITY  SCHL  INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND  SEVENTEEN-
 -TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8". EACH SCHOOL
 DISTRICT shall use [the] SUCH "COMMUNITY SCHL AID (BT1617)"  amount  [so
 set aside] to support the transformation of school buildings into commu-
 nity  hubs  to  deliver  co-located  or  school-linked academic, health,
 mental health, nutrition, counseling, legal  and/or  other  services  to
 students  and  their  families, including but not limited to providing a
 community school site coordinator, or to support other costs incurred to
 maximize students' academic achievement[:]. EACH SCHOOL  DISTRICT  SHALL
 USE  SUCH  "COMMUNITY SCHL INCR" AMOUNT TO SUPPORT THE TRANSFORMATION OF
 SCHOOL BUILDINGS INTO COMMUNITY HUBS TO  DELIVER  CO-LOCATED  OR  SCHOOL
 LINKED  ACADEMIC,  HEALTH,  MENTAL  HEALTH, NUTRITION, COUNSELING, LEGAL
 AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT  NOT
 LIMITED  TO  PROVIDING  A COMMUNITY SCHOOL SITE COORDINATOR AND PROGRAMS
 FOR ENGLISH LANGUAGE LEARNERS, PROVIDED FURTHER THAT A  SCHOOL  DISTRICT
 WHOSE   "COMMUNITY   SCHL  INCR"  AMOUNT  EXCEEDS  ONE  MILLION  DOLLARS
 ($1,000,000) SHALL USE AN AMOUNT EQUAL TO THE  GREATER  OF  ONE  HUNDRED
 FIFTY THOUSAND DOLLARS ($150,000) OR TEN PERCENT OF SUCH "COMMUNITY SCHL
 INCR"  AMOUNT  TO SUPPORT SUCH TRANSFORMATION AT ADDITIONAL SCHOOLS WITH
 EXTRAORDINARY HIGH LEVELS OF STUDENT NEED AS IDENTIFIED BY  THE  COMMIS-
 SIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET.
 [Addison                                            $132,624
 Adirondack                                           $98,303
 Afton                                                $62,527
 Albany                                            $2,696,127
 Albion                                              $171,687
 Altmar-Parish-Williamstown                          $154,393
 Amityville                                          $140,803
 Amsterdam                                           $365,464
 Andover                                              $41,343
 Auburn                                              $211,759
 Ausable Valley                                       $82,258
 Avoca                                                $40,506
 Batavia                                             $116,085
 Bath                                                $139,788

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

 Beacon                                               $87,748
 Beaver River                                         $67,970
 Beekmantown                                          $98,308
 Belfast                                              $44,520
 Belleville Henderson                                 $21,795
 Binghamton                                          $477,949
 Bolivar-Richburg                                    $102,276
 Bradford                                             $28,058
 Brasher Falls                                       $146,944
 Brentwood                                         $2,089,437
 Bridgewater-West Winfield (Mt. Markham)             $101,498
 Brocton                                              $63,939
 Brookfield                                           $24,973
 Brushton-Moira                                      $102,613
 Buffalo                                          $12,524,617
 Camden                                              $243,929
 Campbell-Savona                                      $81,862
 Canajoharie                                          $78,428
 Canaseraga                                           $24,622
 Candor                                               $69,400
 Canisteo-Greenwood                                  $105,783
 Carthage                                            $273,578
 Cassadaga Valley                                     $99,547
 Catskill                                             $69,599
 Cattaraugus-Little Valley                            $89,771
 Central Islip                                       $650,359
 Central Valley                                      $154,059
 Charlotte Valley                                     $27,925
 Chateaugay                                           $43,580
 Cheektowaga-Sloan                                    $68,242
 Chenango Valley                                      $46,359
 Cherry Valley-Springfield                            $29,704
 Cincinnatus                                          $71,378
 Clifton-Fine                                         $17,837
 Clyde-Savannah                                       $84,797
 Clymer                                               $28,267
 Cohoes                                              $110,625
 Copenhagen                                           $35,037
 Copiague                                            $308,995
 Cortland                                            $147,875
 Crown Point                                          $24,277
 Cuba-Rushford                                        $67,917
 Dalton-Nunda (Keshequa)                              $65,630
 Dansville                                           $136,766
 De Ruyter                                            $38,793
 Deposit                                              $37,615
 Dolgeville                                           $82,884
 Downsville                                           $10,000
 Dundee                                               $59,404
 Dunkirk                                             $224,658
 East Ramapo (Spring Valley)                         $360,848
 Edmeston                                             $30,288
 Edwards-Knox                                         $95,261
 Elizabethtown-Lewis                                  $14,844
 Ellenville                                          $128,950
 Elmira                                              $501,348

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

 Fallsburg                                           $111,523
 Fillmore                                             $84,252
 Forestville                                          $34,773
 Fort Edward                                          $32,403
 Fort Plain                                           $86,187
 Franklin                                             $19,086
 Franklinville                                        $84,503
 Freeport                                            $479,702
 Friendship                                           $51,013
 Fulton                                              $241,424
 Genesee Valley                                       $65,066
 Geneva                                              $146,409
 Georgetown-South Otselic                             $34,626
 Gilbertsville-Mount Upton                            $30,930
 Glens Falls Common                                   $10,000
 Gloversville                                        $257,549
 Gouverneur                                          $197,139
 Gowanda                                             $122,173
 Granville                                            $86,044
 Green Island                                         $17,390
 Greene                                               $87,782
 Hadley-Luzerne                                       $37,868
 Hammond                                              $18,750
 Hancock                                              $34,174
 Hannibal                                            $149,286
 Harpursville                                         $89,804
 Hempstead                                         $3,123,056
 Herkimer                                             $64,467
 Hermon-Dekalb                                        $49,211
 Heuvelton                                            $53,905
 Hinsdale                                             $47,128
 Hornell                                             $152,327
 Hudson                                               $86,263
 Hudson Falls                                        $125,709
 Indian River                                        $404,452
 Jamestown                                           $422,610
 Jasper-Troupsburg                                    $65,899
 Jefferson                                            $22,350
 Johnson                                             $179,735
 Johnstown                                            $98,329
 Kingston                                            $241,138
 Kiryas Joel                                          $10,000
 La Fargeville                                        $36,602
 Lackawanna                                          $293,188
 Lansingburgh                                        $170,080
 Laurens                                              $32,110
 Liberty                                             $141,704
 Lisbon                                               $56,498
 Little Falls                                         $76,292
 Livingston Manor                                     $32,996
 Lowville                                            $117,907
 Lyme                                                 $15,856
 Lyons                                                $89,298
 Madison                                              $43,805
 Madrid-Waddington                                    $59,412
 Malone                                              $241,483

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

 Marathon                                             $79,560
 Margaretville                                        $10,000
 Massena                                             $227,985
 Mcgraw                                               $51,558
 Medina                                              $135,337
 Middleburgh                                          $58,936
 Middletown                                          $683,511
 Milford                                              $28,281
 Monticello                                          $185,418
 Moriah                                               $76,592
 Morris                                               $45,012
 Morristown                                           $25,106
 Morrisville-Eaton                                    $62,490
 Mt Morris                                            $58,594
 Mt Vernon                                           $517,463
 New York City                                    $28,491,241
 Newark                                              $137,556
 Newburgh                                            $837,244
 Newfield                                             $60,998
 Niagara Falls                                       $733,330
 North Rose-Wolcott                                  $107,958
 Northern Adirondack                                  $84,115
 Norwich                                             $155,921
 Norwood-Norfolk                                     $116,262
 Odessa-Montour                                       $70,110
 Ogdensburg                                          $126,942
 Olean                                               $129,603
 Oppenheim-Ephratah-St. Johnsville                    $86,646
 Otego-Unadilla                                       $72,613
 Oxford Acad & Central Schools                        $80,443
 Parishville-Hopkinton                                $35,003
 Peekskill                                           $230,795
 Penn Yan                                             $71,001
 Pine Valley (South Dayton)                           $67,455
 Plattsburgh                                          $75,055
 Poland                                               $37,498
 Port Chester-Rye                                    $241,428
 Port Jervis                                         $189,220
 Poughkeepsie                                      $1,747,582
 Prattsburgh                                          $35,110
 Pulaski                                              $89,146
 Putnam                                               $10,000
 Randolph                                             $88,646
 Red Creek                                            $87,007
 Remsen                                               $32,650
 Rensselaer                                           $74,616
 Richfield Springs                                    $37,071
 Ripley                                               $18,495
 Rochester                                         $7,624,908
 Rome                                                $369,655
 Romulus                                              $22,112
 Roosevelt                                           $353,005
 Salamanca                                           $139,051
 Salmon River                                        $200,831
 Sandy Creek                                          $72,287
 Schenectady                                         $642,884

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

 Schenevus                                            $29,516
 Scio                                                 $47,097
 Sharon Springs                                       $26,994
 Sherburne-Earlville                                 $154,286
 Sherman                                              $45,067
 Sidney                                               $98,699
 Silver Creek                                         $68,538
 Sodus                                               $100,038
 Solvay                                               $85,506
 South Kortright                                      $23,420
 South Lewis                                          $95,627
 South Seneca                                         $49,768
 Spencer-Van Etten                                    $76,108
 St Regis Falls                                       $30,078
 Stamford                                             $20,137
 Stockbridge Valley                                   $38,537
 Syracuse                                         $10,186,478
 Ticonderoga                                          $36,467
 Tioga                                                $99,411
 Troy                                                $277,420
 Unadilla Valley                                      $90,571
 Uniondale                                           $362,887
 Utica                                               $273,267
 Van Hornesville-Owen D. Young                        $18,604
 Walton                                               $82,541
 Warrensburg                                          $57,996
 Waterloo                                            $123,111
 Watertown                                           $222,343
 Watervliet                                           $94,487
 Waverly                                             $120,319
 Wayland-Cohocton                                    $125,273
 Wellsville                                          $114,359
 West Canada Valley                                   $58,917
 Westbury                                            $403,563
 Westfield                                            $46,542
 Whitehall                                            $46,192
 Whitesville                                          $26,719
 Whitney Point                                       $152,109
 William Floyd                                       $492,842
 Worcester                                            $26,862
 Wyandanch                                           $402,010
 Yonkers                                           $4,286,726
 Yorkshire-Pioneer                                  $210,306]
   §  22. The closing paragraph of subdivision 5-a of section 3602 of the
 education law, as amended by section 2 of part A of chapter  54  of  the
 laws of 2016, 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
 [sixteen]  SEVENTEEN--two  thousand  [seventeen]  EIGHTEEN 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

 S. 2006--A                         29                         A. 3006--A
 
 for the two thousand nine--two thousand ten  school  year  and  entitled
 "SA0910".
   §  23. Paragraph b of subdivision 6-c of section 3602 of the education
 law, as amended by section 24 of part A of chapter 54  of  the  laws  of
 2016, is amended to read as follows:
   b.  For  projects  approved  by the commissioner authorized to receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary metal detectors, security cameras or other  security  devices
 approved  by  the  commissioner that increase the safety of students and
 school personnel, provided that for  purposes  of  this  paragraph  such
 other  security  devices shall be limited to electronic security systems
 and hardened doors, and provided  that  for  projects  approved  by  the
 commissioner on or after the first day of July two thousand thirteen and
 before  the  first  day  of  July two thousand [seventeen] EIGHTEEN such
 additional aid shall equal the product of (i)  the  building  aid  ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion  six  of this section plus ten percentage points, except that in no
 case shall this amount exceed one hundred percent, and (ii)  the  actual
 approved  expenditures incurred in the base year pursuant to this subdi-
 vision, provided that the limitations on cost allowances  prescribed  by
 paragraph  a  of  subdivision  six  of this section shall not apply, and
 provided further that any projects aided under this  paragraph  must  be
 included  in  a  district's  school  safety plan. The commissioner shall
 annually prescribe a special cost allowance  for  metal  detectors,  and
 security  cameras,  and  the approved expenditures shall not exceed such
 cost allowance.
   § 24. Subdivision 12 of section 3602 of the education law  is  amended
 by adding a  new undesignated paragraph to read as follows:
   FOR  THE  TWO  THOUSAND  SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR,
 EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO  THE
 AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT"
 UNDER THE HEADING "2016-17 ESTIMATED AIDS" IN THE  SCHOOL  AID  COMPUTER
 LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
 TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL  YEAR  AND  ENTITLED
 "SA161-7",  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.
   §  25.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 4 of part A of chapter  54  of  the
 laws of 2016, 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

 S. 2006--A                         30                         A. 3006--A
 
 two thousand nine--two thousand ten school year and  entitled  "SA0910".
 Each  school district shall be eligible to receive a high tax aid appor-
 tionment in the two thousand  thirteen--two  thousand  fourteen  through
 [two  thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--
 TWO THOUSAND EIGHTEEN school years equal  to  the  greater  of  (1)  the
 amount  set  forth  for such school district as "HIGH TAX AID" under the
 heading "2008-09 BASE YEAR AIDS" in  the  school  aid  computer  listing
 produced  by the commissioner in support of the budget for the two thou-
 sand nine--two thousand ten school year and entitled "SA0910" or (2) the
 amount set forth for such school district as "HIGH TAX  AID"  under  the
 heading  "2013-14  ESTIMATED  AIDS"  in  the school aid computer listing
 produced by the commissioner in support of the executive budget for  the
 2013-14 fiscal year and entitled "BT131-4".
   §  26.  Subdivision  10  of  section  3602-e  of the education law, as
 amended by section 22 of part B of chapter 57 of the laws of  2008,  the
 opening paragraph as amended by section 5 of part A of chapter 54 of the
 laws of 2016, is amended to read as follows:
   10.  Universal  prekindergarten aid.  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  electronic  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  eleven  school  years,
 such  school district shall be eligible for a maximum grant equal to the
 amount computed pursuant to paragraph a  of  subdivision  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 PREKINDERGARTEN" under the
 heading "2011-12 ESTIMATED AIDS" in  the  school  aid  computer  listing
 produced  by  the  commissioner in support of the enacted budget for the
 2011-12 school year and entitled "SA111-2", and for two thousand twelve-
 -two thousand thirteen through two thousand sixteen--two thousand seven-
 teen 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 commis-
 sioner 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 commis-
 sioner on May fifteenth, two thousand eleven pursuant to paragraph b  of
 subdivision  twenty-one  of  section three hundred five of this chapter,
 AND FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND  EIGHTEEN  SCHOOL  YEAR
 AND THEREAFTER EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT
 AMOUNT  EQUAL  TO  THE  SUM  OF (I) THE AMOUNT SET FORTH FOR SUCH SCHOOL

 S. 2006--A                         31                         A. 3006--A
 
 DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER THE HEADING "2016-17 ESTI-
 MATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY  THE  COMMIS-
 SIONER  IN SUPPORT OF THE ENACTED BUDGET FOR THE 2016-17 SCHOOL YEAR AND
 ENTITLED  "SA161-7" PLUS (II) THE AMOUNT AWARDED TO SUCH SCHOOL DISTRICT
 FOR THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY  PREKIN-
 DERGARTEN  GRANT  PROGRAM  FOR  HIGH  NEED STUDENTS FOR THE TWO THOUSAND
 SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO  CHAPTER  FIFTY-
 THREE  OF  THE  LAWS OF TWO THOUSAND FOURTEEN, 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.
   a. Each school district shall be eligible to [receive a  grant  amount
 equal to the sum of (i) its prekindergarten aid base plus (ii) the prod-
 uct  of  its  selected  aid  per prekindergarten pupil multiplied by the
 positive difference, if any of the  number  of  aidable  prekindergarten
 pupils served in the current year, as determined pursuant to regulations
 of the commissioner, less the base aidable prekindergarten pupils calcu-
 lated pursuant to this subdivision for the two thousand seven--two thou-
 sand eight school year, based on data on file for the school aid comput-
 er listing produced by the commissioner in support of the enacted budget
 for  the two thousand seven--two thousand eight school year and entitled
 "SA070-8". Provided, however, that in computing an apportionment  pursu-
 ant to this paragraph, for districts where the number of aidable prekin-
 dergarten  pupils  served is less than the number of unserved prekinder-
 garten pupils, such grant  amount  shall  be  the  lesser  of  such  sum
 computed  pursuant  to this paragraph or the maximum allocation computed
 pursuant to subdivision nine of this section] SERVE THE SUM OF (I) FULL-
 DAY PREKINDERGARTEN PUPILS PLUS (II) HALF-DAY PREKINDERGARTEN PUPILS.
   b. For purposes of paragraph a of this subdivision:
   (i) "Selected aid per prekindergarten pupil" shall equal  the  greater
 of  (A)  the  product of five-tenths and the school district's [selected
 foundation aid] OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH  HH  OF
 SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE for
 the current year, or (B) [the aid per prekindergarten  pupil  calculated
 pursuant to this subdivision for the two thousand six-two thousand seven
 school  year,  based on data on file for the school aid computer listing
 produced by the commissioner in support of the enacted  budget  for  the
 two thousand six--two thousand seven school year and entitled "SA060-7";
 provided,  however,  that  in  the two thousand eight--two thousand nine
 school year, a city school district in a city having a population of one
 million inhabitants or more shall not be  eligible  to  select  aid  per
 prekindergarten pupil pursuant to clause (A) of this subparagraph] TWEN-
 TY-SEVEN HUNDRED DOLLARS ($2,700);
   (ii)  ["Base aidable prekindergarten pupils". "Base aidable prekinder-
 garten pupils" shall equal the sum of the base  aidable  prekindergarten
 pupils  calculated pursuant to this subdivision for the base year, based
 on data on file for the school aid  computer  listing  produced  by  the
 commissioner  in  support  of the enacted budget for the base year, plus
 the additional aidable prekindergarten  pupils  calculated  pursuant  to
 this subdivision for the base year, based on data on file for the school
 aid  computer  listing  produced  by  the commissioner in support of the
 enacted budget for the  base  year]  "FULL-DAY  PREKINDERGARTEN  PUPILS"
 SHALL EQUAL (I) THE MAXIMUM AIDABLE FULL-DAY PREKINDERGARTEN PUPILS SUCH
 DISTRICT WAS ELIGIBLE TO SERVE FOR THE PRIORITY FULL-DAY PREKINDERGARTEN
 AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM FOR THE TWO THOUSAND
 SIXTEEN--TWO  THOUSAND  SEVENTEEN SCHOOL YEAR PURSUANT TO CHAPTER FIFTY-

 S. 2006--A                         32                         A. 3006--A
 
 THREE OF THE LAWS OF TWO THOUSAND FOURTEEN PLUS (II) THE NUMBER OF HALF-
 DAY PREKINDERGARTEN PUPILS CONVERTED  INTO  A  FULL-DAY  PREKINDERGARTEN
 PUPIL  UNDER THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY
 PREKINDERGARTEN GRANT PROGRAM FOR HIGH NEED STUDENTS PURSUANT TO CHAPTER
 FIFTY-THREE OF THE LAWS OF TWO THOUSAND FOURTEEN;
   (iii) "HALF-DAY PREKINDERGARTEN PUPILS SHALL EQUAL (A) (I) THE MAXIMUM
 AIDABLE  UNIVERSAL  PREKINDERGARTEN PUPILS EACH DISTRICT WAS ELIGIBLE TO
 SERVE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL  YEAR
 PURSUANT  TO THIS SECTION PLUS (II) THE MAXIMUM AIDABLE HALF-DAY PREKIN-
 DERGARTEN PUPILS SUCH DISTRICT WAS ELIGIBLE TO SERVE  FOR  THE  PRIORITY
 FULL-DAY  PREKINDERGARTEN  AND  EXPANDED  HALF-DAY PREKINDERGARTEN GRANT
 PROGRAM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
 PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS  OF  TWO  THOUSAND  FOURTEEN
 MINUS (B) THE NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS CONVERTED INTO A
 FULL-DAY PREKINDERGARTEN PUPIL UNDER THE PRIORITY FULL-DAY PREKINDERGAR-
 TEN  AND  EXPANDED  HALF-DAY PREKINDERGARTEN GRANT PROGRAM FOR HIGH NEED
 STUDENTS PURSUANT TO CHAPTER FIFTY-THREE OF THE  LAWS  OF  TWO  THOUSAND
 FOURTEEN;
   (IV)  "Unserved  prekindergarten  pupils"  shall  mean  the product of
 eighty-five percent multiplied  by  the  positive  difference,  if  any,
 between the sum of the public school enrollment and the nonpublic school
 enrollment  of  children  attending  full  day and half day kindergarten
 programs in the district in the year prior to the  base  year  less  the
 number  of  resident children who attain the age of four before December
 first of the base year, who were served during such  school  year  by  a
 prekindergarten  program approved pursuant to section forty-four hundred
 ten of this chapter, where such services are provided for more than four
 hours per day;
   [(iv) "Additional aidable prekindergarten pupils". For the  two  thou-
 sand  seven--two thousand eight through two thousand eight--two thousand
 nine school years, "additional  aidable  prekindergarten  pupils"  shall
 equal  the  product  of  (A)  the  positive  difference,  if any, of the
 unserved prekindergarten pupils less the  base  aidable  prekindergarten
 pupils multiplied by (B) the prekindergarten phase-in factor;
   (v)  the  "prekindergarten aid base" shall mean the sum of the amounts
 the school district received for  the  two  thousand  six--two  thousand
 seven  school  year  for grants awarded pursuant to this section and for
 targeted prekindergarten grants;
   (vi) The "prekindergarten  phase-in  factor".  For  the  two  thousand
 eight--two  thousand  nine  school  year,  the  prekindergarten phase-in
 factor shall equal the positive difference, if any, of  the  pupil  need
 index computed pursuant to subparagraph three of paragraph a of subdivi-
 sion  four  of  section  thirty-six  hundred  two of this part less one,
 provided, however, that: (A) for any  district  where  (1)  the  maximum
 allocation computed pursuant to subdivision nine of this section for the
 base  year is greater than zero and (2) the amount allocated pursuant to
 this subdivision for the base year, based on data on file for the school
 aid computer listing produced by the commissioner on February  fifteenth
 of  the  base year, pursuant to paragraph b of subdivision twenty-one of
 section three hundred five of this chapter, is greater than the positive
 difference, if any, of such maximum allocation for the  base  year  less
 twenty-seven  hundred,  the  prekindergarten  phase-in  factor shall not
 exceed eighteen percent, and shall not be less than ten percent, and (B)
 for any district not subject to the provisions of  clause  (A)  of  this
 subparagraph where (1) the amount allocated pursuant to this subdivision
 for  the base year is equal to zero or (2) the amount allocated pursuant

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

 to this section for the base year, based on data on file for the  school
 aid  computer listing produced by the commissioner on February fifteenth
 of the base year, pursuant to paragraph b of subdivision  twenty-one  of
 section three hundred five of this chapter, is less than or equal to the
 amount allocated pursuant to this section for the year prior to the base
 year, based on data on file for the school aid computer listing produced
 by  the commissioner on February fifteenth of the base year, pursuant to
 paragraph b of subdivision twenty-one of section three hundred  five  of
 this  chapter, the prekindergarten phase-in factor shall equal zero, and
 (C) for any district not subject to the provisions of clause (A) or  (B)
 of  this  subparagraph,  the  prekindergarten  phase-in factor shall not
 exceed thirteen percent, and shall not be less than seven percent;
   (vii) "Base year" shall mean the base  year  as  defined  pursuant  to
 subdivision one of section thirty-six hundred two of this part.]
   c.  Notwithstanding  any  other  provision  of this section, the total
 grant payable pursuant to this section shall equal the  lesser  of:  (i)
 the  total  grant  amounts computed pursuant to this subdivision for the
 current year, based on data on file with the commissioner as of  Septem-
 ber  first  of  the  school year immediately following or (ii) the total
 actual grant expenditures incurred by the school district as approved by
 the commissioner.
   D. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, APPORTIONMENTS
 UNDER THIS SECTION GREATER THAN THE AMOUNTS PROVIDED IN THE TWO THOUSAND
 SIXTEEN--TWO THOUSAND SEVENTEEN  SCHOOL  YEAR  SHALL  ONLY  BE  USED  TO
 SUPPLEMENT AND NOT SUPPLANT CURRENT LOCAL EXPENDITURES OF FEDERAL, STATE
 OR  LOCAL  FUNDS  ON PREKINDERGARTEN PROGRAMS AND THE NUMBER OF SLOTS IN
 SUCH PROGRAMS  FROM  SUCH  SOURCES.  CURRENT  LOCAL  EXPENDITURES  SHALL
 INCLUDE  ANY LOCAL EXPENDITURES OF FEDERAL, STATE OR LOCAL FUNDS USED TO
 SUPPLEMENT OR EXTEND SERVICES  PROVIDED  DIRECTLY  OR  VIA  CONTRACT  TO
 ELIGIBLE CHILDREN ENROLLED IN A UNIVERSAL PREKINDERGARTEN PROGRAM PURSU-
 ANT TO THIS SECTION.
   §  27.  Subdivision  11  of  section  3602-e  of the education law, as
 amended by section 10-b of part A of chapter 57 of the laws of 2012,  is
 amended to read as follows:
   11.  A.  Notwithstanding  the  provisions  of  subdivision ten of this
 section, where the district serves fewer [children] FULL-DAY  PREKINDER-
 GARTEN  PUPILS  during the current year than [the lesser of the children
 served in the two thousand ten--two thousand eleven school year  or  its
 base  aidable  prekindergarten  pupils  computed  for  the  two thousand
 seven--two thousand eight school year]  THE  NUMBER  OF  ELIGIBLE  TOTAL
 FULL-DAY  PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN PARAGRAPH
 B OF SUBDIVISION TEN OF THIS SECTION, the school district shall have its
 apportionment reduced [in an amount proportional to such  deficiency  in
 the  current year or in the succeeding school year, as determined by the
 commissioner, except such reduction shall not apply to school  districts
 which  have  fully  implemented  a universal pre-kindergarten program by
 making  such  program  available  to  all  eligible  children.  Expenses
 incurred  by  the  school  district  in  implementing a pre-kindergarten
 program plan pursuant to  this  subdivision  shall  be  deemed  ordinary
 contingent  expenses]  BY THE PRODUCT OF TWO MULTIPLIED BY AMOUNT OF THE
 SELECTED AID PER PREKINDERGARTEN PUPIL PURSUANT TO PARAGRAPH B OF SUBDI-
 VISION TEN OF THIS SECTION MULTIPLIED  BY  THE  DIFFERENCE  OF  ELIGIBLE
 TOTAL  FULL-DAY PREKINDERGARTEN PUPILS LESS THE NUMBER OF FULL-DAY PREK-
 INDERGARTEN PUPILS ACTUALLY SERVED.
   B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS  SECTION,
 WHERE  THE  DISTRICT SERVES FEWER HALF-DAY PREKINDERGARTEN PUPILS DURING

 S. 2006--A                         34                         A. 3006--A
 
 THE CURRENT YEAR THAN THE NUMBER OF ELIGIBLE TOTAL  HALF-DAY  PREKINDER-
 GARTEN  PUPILS  SET FORTH FOR THE DISTRICT IN PARAGRAPH B OF SUBDIVISION
 TEN OF THIS SECTION, THE SCHOOL DISTRICT SHALL  HAVE  ITS  APPORTIONMENT
 REDUCED  BY  THE  AMOUNT  OF  THE SELECTED AID PER PREKINDERGARTEN PUPIL
 PURSUANT TO PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION MULTIPLIED BY
 THE DIFFERENCE OF ELIGIBLE TOTAL HALF-DAY  PREKINDERGARTEN  PUPILS  LESS
 THE   NUMBER   OF   HALF-DAY  PREKINDERGARTEN  PUPILS  ACTUALLY  SERVED.
 PROVIDED, HOWEVER, THAT IN CALCULATING ANY SUCH REDUCTION IN  APPORTION-
 MENT,  THE  COMMISSIONER  SHALL  EXCLUDE  THE  REDUCTION, IF ANY, IN THE
 NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS SERVED DURING THE CURRENT YEAR
 OCCURRING DUE TO THE CONVERSION OF HALF-DAY PREKINDERGARTEN  SLOTS  INTO
 FULL-DAY  PREKINDERGARTEN  SLOTS  USING  FEDERAL OR LOCAL FUNDS OR STATE
 FUNDS OTHER THAN THOSE PROVIDED PURSUANT TO THIS SECTION.
   § 28. Paragraphs b and f of subdivision 12 of section  3602-e  of  the
 education  law,  as amended by section 19 of part B of chapter 57 of the
 laws of 2007, are amended to read as follows:
   b. [minimum] curriculum standards [that] CONSISTENT WITH THE NEW  YORK
 STATE  PREKINDERGARTEN  EARLY  LEARNING  STANDARDS  TO  ensure that such
 programs have strong instructional content that is integrated  with  the
 school  district's instructional program in grades kindergarten [though]
 THROUGH twelve;
   f. time requirements which reflect the needs of the individual  school
 districts  [for  flexibility, but meeting a minimum weekly time require-
 ment]; PROVIDED, HOWEVER, THAT A FULL-DAY SHALL BE CONSIDERED A  MINIMUM
 OF  FIVE  HOURS PER SCHOOL DAY, AND A HALF-DAY SHALL BE A MINIMUM OF TWO
 AND ONE-HALF HOURS PER SCHOOL DAY;
   § 29. Subdivision 14 of  section  3602-e  of  the  education  law,  as
 amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
 amended to read as follows:
   14. On February fifteenth, two thousand, and annually thereafter,  the
 commissioner and the board of regents shall include in its annual report
 to  the  legislature  AND  THE GOVERNOR, information on school districts
 receiving grants under  this  section;  the  amount  of  each  grant;  a
 description of the program that each grant supports and an assessment by
 the  commissioner  of  the  extent to which the program meets measurable
 outcomes required by the grant program or regulations  of  such  commis-
 sioner;  and any other relevant information, WHICH SHALL INCLUDE BUT NOT
 BE LIMITED TO THE FOLLOWING: (A) (I) THE TOTAL NUMBER OF STUDENTS SERVED
 IN STATE-FUNDED DISTRICT-OPERATED  PREKINDERGARTEN  PROGRAMS,  (II)  THE
 TOTAL  NUMBER OF STUDENTS SERVED IN STATE-FUNDED COMMUNITY-BASED PREKIN-
 DERGARTEN PROGRAMS, (III) THE TOTAL NUMBER OF STUDENTS SERVED IN  STATE-
 FUNDED  HALF-DAY  PREKINDERGARTEN PROGRAMS, AND (IV) THE TOTAL NUMBER OF
 STUDENTS SERVED IN STATE-FUNDED FULL-DAY PREKINDERGARTEN  PROGRAMS;  (B)
 (I)  THE  TOTAL  NUMBER OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY
 FUNDED DISTRICT-OPERATED PREKINDERGARTEN PROGRAMS, (II) THE TOTAL NUMBER
 OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY FUNDED  COMMUNITY-BASED
 PREKINDERGARTEN  PROGRAMS,  (III) THE TOTAL NUMBER OF STUDENTS SERVED IN
 STATE, FEDERAL AND LOCALLY FUNDED HALF-DAY PREKINDERGARTEN PROGRAMS, AND
 (IV) THE TOTAL NUMBER OF STUDENTS SERVED IN STATE, FEDERAL  AND  LOCALLY
 FUNDED  FULL-DAY PREKINDERGARTEN PROGRAMS; AND (C) THE TOTAL SPENDING ON
 PREKINDERGARTEN PROGRAMS FROM STATE, FEDERAL, AND  LOCAL  SOURCES.  Such
 report  shall  also  contain any recommendations to improve or otherwise
 change the program.
   § 30. Section 3602-e of the education law is amended by adding  a  new
 subdivision 17 to read as follows:

 S. 2006--A                         35                         A. 3006--A
 
   17.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, AS A CONDITION
 OF ELIGIBILITY FOR   RECEIPT OF FUNDING  PURSUANT  TO  THIS  SECTION,  A
 SCHOOL  DISTRICT SHALL AGREE TO ADOPT APPROVED QUALITY INDICATORS WITHIN
 TWO YEARS, INCLUDING, BUT NOT LIMITED TO, VALID AND RELIABLE MEASURES OF
 ENVIRONMENTAL  QUALITY,  THE QUALITY OF TEACHER-STUDENT INTERACTIONS AND
 CHILD OUTCOMES, AND ENSURE THAT ANY SUCH ASSESSMENT  OF  CHILD  OUTCOMES
 SHALL NOT BE USED TO MAKE HIGH-STAKES EDUCATIONAL DECISIONS FOR INDIVID-
 UAL CHILDREN.
   §  31.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 23 of part A of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [seventeen]  EIGHTEEN;  provided  that  the  program  shall continue and
 remain in full effect.
   § 32. Paragraph a of subdivision 5 of section 3604  of  the  education
 law,  as  amended by chapter 161 of the laws of 2005, is amended to read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall be corrected by the commissioner. Whenever a school  district  has
 been  apportioned  less  money  than  that  to which it is entitled, the
 commissioner may allot to such district the balance to which it is enti-
 tled. Whenever a school district has been apportioned  more  money  than
 that  to which it is entitled, the commissioner may, by an order, direct
 such moneys to be paid back to the state to be credited to  the  general
 fund  local  assistance  account  for  state  aid to the schools, or may
 deduct such amount from the  next  apportionment  to  be  made  to  said
 district,  provided, however, that, upon notification of excess payments
 of aid for which a recovery must be made by the state through  deduction
 of  future  aid payments, a school district may request that such excess
 payments be  recovered  by  deducting  such  excess  payments  from  the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two  succeeding  school  years,  provided further that there shall be no
 interest penalty assessed against such  district  or  collected  by  the
 state.  Such  request  shall be made to the commissioner in such form as
 the commissioner shall prescribe, and shall be  based  on  documentation
 that the total amount to be recovered is in excess of one percent of the
 district's  total  general  fund  expenditures  for the preceding school
 year. The amount to be deducted in the first year shall be  the  greater
 of  (i) the sum of the amount of such excess payments that is recognized
 as a liability due to other governments by the district for the  preced-
 ing  school year and the positive remainder of the district's unreserved
 fund balance at the close of the preceding school year less the  product
 of  the  district's  total  general  fund expenditures for the preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments. The amount to be recovered in the second year shall equal  the
 lesser  of  the remaining amount of such excess payments to be recovered
 or one-third of such excess payments, and the remaining amount  of  such
 excess  payments  shall be recovered in the third year. Provided further
 that, notwithstanding any other  provisions  of  this  subdivision,  any
 pending  payment  of moneys due to such district as a prior year adjust-
 ment payable pursuant to paragraph c of this subdivision for aid  claims
 that  had been previously paid as current year aid payments in excess of
 the amount to which the district is entitled and for which  recovery  of
 excess  payments  is  to  be  made  pursuant to this paragraph, shall be

 S. 2006--A                         36                         A. 3006--A
 
 reduced at the time of  actual  payment  by  any  remaining  unrecovered
 balance  of such excess payments, and the remaining scheduled deductions
 of such excess payments pursuant to this paragraph shall be  reduced  by
 the  commissioner  to reflect the amount so recovered. [The commissioner
 shall certify no payment to a school district based on a claim submitted
 later than three years after the close of the school year in which  such
 payment  was first to be made.  For claims for which payment is first to
 be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
 the  commissioner shall certify no payment to a school district based on
 a claim submitted later than two years after the close  of  such  school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred  ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND SIXTEEN--
 TWO THOUSAND SEVENTEEN school year [and  thereafter],  the  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than one year after the close of such school year. FOR CLAIMS FOR
 WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND SIXTEEN--TWO THOU-
 SAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTI-
 FY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN
 THE FIRST OF  NOVEMBER  OF  SUCH  SCHOOL  YEAR.  Provided,  however,  no
 payments  shall be barred or reduced where such payment is required as a
 result of a final audit of the state.  [It  is  further  provided  that,
 until  June thirtieth, nineteen hundred ninety-six, the commissioner may
 grant a waiver from the  provisions  of  this  section  for  any  school
 district  if  it  is  in  the best educational interests of the district
 pursuant to guidelines developed by the commissioner and approved by the
 director of the budget.] FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS
 PROVIDED  PURSUANT  TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
 SEVEN HUNDRED FIFTY-ONE, SEVEN  HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED
 FIFTY,  THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX  HUNDRED TWO-B, THIRTY-SIX
 HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED  FIVE  OF
 THIS  CHAPTER  FOR  THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEARS, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SEVENTEEN--TWO  THOU-
 SAND  EIGHTEEN  STATE  FISCAL  YEAR  AND ENTITLED "BT171-8", AND FURTHER
 PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
 HUNDRED ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED  FIFTY, THIRTY-SIX HUNDRED TWO,
 THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
 TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
 SCHOOL YEAR COMMENCES.
   § 33. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  10 of part A of chapter 54 of the laws of 2016, is
 amended to read as follows:

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

   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand sixteen--two thousand seventeen school
 year, "moneys apportioned" shall mean the lesser of (i) the sum  of  one
 hundred  percent  of  the  respective  amount  set forth for each school
 district  as payable pursuant to this section in the school aid computer
 listing for the current year produced by the commissioner in support  of
 the  budget which includes the appropriation for the general support for
 public schools for the prescribed payments and  individualized  payments
 due  prior  to  April  first for the current year plus the apportionment
 payable during the current school year pursuant to subdivision six-a and
 subdivision fifteen of section thirty-six hundred two of this part minus
 any reductions to current year aids pursuant  to  subdivision  seven  of
 section  thirty-six  hundred  four  of  this  part or any deduction from
 apportionment payable pursuant to  this  chapter  for  collection  of  a
 school  district  basic  contribution as defined in subdivision eight of
 section forty-four hundred one of this chapter, less any grants provided
 pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
 section  ninety-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 thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment 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  busi-
 ness  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  sixteen--two thousand seventeen school year, reference to such
 "school aid computer listing for the current year" shall mean the print-
 outs entitled "SA161-7".] FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPOR-
 TIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT  OF
 THE  RESPECTIVE  AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE
 PURSUANT TO THIS SECTION IN THE SCHOOL  AID  COMPUTER  LISTING  FOR  THE
 CURRENT  YEAR  PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE
 BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL  SUPPORT
 FOR  PUBLIC  SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED
 PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS  THE  APPOR-
 TIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS
 SIX-A  AND  FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS
 ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT  TO  SUBDIVISION  SEVEN  OF
 SECTION  THIRTY-SIX  HUNDRED  FOUR  OF  THIS  PART OR ANY DEDUCTION FROM
 APPORTIONMENT PAYABLE PURSUANT TO  THIS  CHAPTER  FOR  COLLECTION  OF  A
 SCHOOL  DISTRICT  BASIC  CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B  OF  SUBDIVISION  FOUR  OF
 SECTION  NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBDIVISIONS SIX OF SECTION NINETY-SEVEN-NNNN OF  THE  STATE
 FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPOR-

 S. 2006--A                         38                         A. 3006--A
 
 TIONMENT 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  BUSI-
 NESS  DAY  OF  JUNE  OF  THE  CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
 INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND  FOURTEEN,  IF
 APPLICABLE,  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
 YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS  FIRST
 ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
 FOR  THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
 HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID
 COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
 "BT171-8".
   § 34. Paragraph b of subdivision 2 of section 3612  of  the  education
 law,  as  amended  by  section 26 of part A of chapter 54 of the laws of
 2016, 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  sixteen--two  thousand  seventeen] TWO THOUSAND SEVENTEEN--TWO
 THOUSAND EIGHTEEN.
   § 35. Subdivision 6 of section 4402 of the education law,  as  amended
 by section 27 of part A of chapter 54 of the laws of 2016, 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 [seventeen] EIGHTEEN of the
 [two thousand sixteen--two thousand seventeen] TWO THOUSAND  SEVENTEEN--
 TWO THOUSAND EIGHTEEN school year, be authorized to increase class sizes
 in special classes containing students with disabilities whose age rang-
 es  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

 S. 2006--A                         39                         A. 3006--A
 
 whole  number,  provided  that  in a city school district having a popu-
 lation of one million or more, classes that have a maximum class size of
 fifteen may be increased by no more than one student and  provided  that
 the  projected average class size shall not exceed the maximum specified
 in the applicable regulation, provided  that  such  authorization  shall
 terminate  on  June thirtieth, two thousand. Such authorization shall be
 granted upon filing of a notice by such a board of  education  with  the
 commissioner  stating the board's intention to increase such class sizes
 and a certification that the board will conduct a  study  of  attendance
 problems  at  the secondary level and will implement a corrective action
 plan to increase the rate of attendance of students in such  classes  to
 at  least  the  rate for students attending regular education classes in
 secondary schools of the district. Such corrective action plan shall  be
 submitted  for  approval by the commissioner by a date during the school
 year in which such board increases class sizes as provided  pursuant  to
 this  subdivision  to  be  prescribed by the commissioner. Upon at least
 thirty days notice to the board of education, after  conclusion  of  the
 school year in which such board increases class sizes as provided pursu-
 ant  to this subdivision, the commissioner shall be authorized to termi-
 nate such authorization upon a finding that  the  board  has  failed  to
 develop or implement an approved corrective action plan.
   §  36.  The education law is amended by adding a new section 4403-a to
 read as follows:
   § 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 MUST BE SUBMITTED AT LEAST SIXTY  DAYS  IN
 ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
 DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR
 PERSONS  IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
 WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP  WILL
 BE  AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
 SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH  PARENTS
 MAY  SUBMIT  WRITTEN  COMMENTS  ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
 DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
 IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND  SHALL  INCLUDE
 IN  THE  WAIVER  APPLICATION  SUBMITTED  TO THE COMMISSIONER PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM  SUCH
 PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
   3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
 SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
 OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
 SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
 REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
 FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-

 S. 2006--A                         40                         A. 3006--A
 
 NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
 LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
 EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
 PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
 WHICH A WAIVER IS GRANTED.
   §  37.  Subparagraph  (i)  of paragraph a of subdivision 10 of section
 4410 of the education law is amended by adding a new clause (D) to  read
 as follows:
   (D)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, COMMENCING WITH THE TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR,  APPROVED  PRESCHOOL  INTEGRATED  SPECIAL  CLASS
 PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON  AN  ALTERNATIVE
 METHODOLOGY FOR REIMBURSEMENT TO BE ESTABLISHED BY THE COMMISSIONER. THE
 ALTERNATIVE  METHODOLOGY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
 BUDGET, SHALL BE PROPOSED BY THE DEPARTMENT NO LATER THAN OCTOBER FIRST,
 TWO THOUSAND SEVENTEEN.
   § 38. Subdivision 1 of section 4452 of the education law, as added  by
 chapter  740  of the laws of 1982, paragraph e as amended by chapter 536
 of the laws of 1997, is amended to read as follows:
   1. In order to provide for educational programs to meet special  needs
 of  gifted  pupils, the commissioner is hereby authorized to make recom-
 mendations to school districts in accordance with the provisions of this
 subdivision and section thirty-six hundred two of this chapter.
   a. As used in this article, the term "gifted pupils" shall mean  those
 pupils  who show evidence of high performance capability and exceptional
 potential in areas such as general intellectual ability, special academ-
 ic aptitude and outstanding ability in visual and performing arts.  Such
 definition  shall  include those pupils who require educational programs
 or services beyond those normally provided by the regular school program
 in order to realize their full potential.
   b. Prior to payment of state funds for education of gifted  pupils,  a
 school  district shall submit to the commissioner a summary plan for the
 identification and education of gifted pupils.   The plan  shall  be  in
 form and content as prescribed by the commissioner.
   c.  Upon  acceptance  by a local school district of the apportionments
 made under section thirty-six hundred two of this chapter such  district
 shall  use  such funding in accordance with guidelines to be established
 by the commissioner for services to gifted pupils. Such  services  shall
 include  but  not  be limited to identification, instructional programs,
 planning, inservice education and program evaluation. A board of  educa-
 tion  may  contract with another district or board of cooperative educa-
 tional services to provide the program and/or services with the approval
 of the commissioner under guidelines established by the commissioner.
   [d. The identification of pupils for participation in gifted  programs
 funded  under  this  chapter  shall  commence  through the referral of a
 parent, teacher, or administrator.
   e. Upon referral of a pupil for  participation  in  a  gifted  program
 funded  under this chapter] D. FOR ANY SCHOOL DISTRICT OFFERING A GIFTED
 PROGRAM THROUGH THIS CHAPTER, the school district shall  so  inform  the
 parent  or  guardian  of  such [pupil's referral] PROGRAM and shall seek
 their approval to administer diagnostic tests or other evaluation  mech-
 anisms  related  to  the  program objectives of the district in order to

 S. 2006--A                         41                         A. 3006--A
 
 determine eligibility for participation in such gifted program.  Failing
 to receive approval, the child shall not be tested, evaluated or partic-
 ipate in the program.  In no case shall the parent, guardian or pupil be
 charged  a  fee for the administration of such diagnostic tests or other
 evaluation mechanisms. PROVIDED THAT, ANY  SCHOOL  DISTRICT  OFFERING  A
 PROGRAM  UNDER  THIS SECTION SHALL PROVIDE THE OPPORTUNITY TO ADMINISTER
 SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS FOR ALL STUDENTS IN
 A GRADE.
   [f.] E. The parent or guardian of a pupil designated as  gifted  shall
 be  informed by the local school authorities of the pupil's placement in
 such gifted program funded under this chapter.
   § 39. Subparagraph (ii) of paragraph (a) of subdivision 9  of  section
 103  of  the general municipal law, as amended by chapter 62 of the laws
 of 2016, is amended to read as follows:
   (ii) such association of producers or growers is comprised  of  owners
 of farms who also operate such farms and have combined to fill the order
 of a school district, and where such order is for [twenty-five thousand]
 ONE  HUNDRED  THOUSAND  dollars  or  less as herein authorized, provided
 however, that a school district may apply to the commissioner of  educa-
 tion  for  permission to purchase orders of more than [twenty-five thou-
 sand] ONE HUNDRED THOUSAND dollars from an association of owners of such
 farms when no other producers or growers have offered to  sell  to  such
 school;
   §  40.  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 18 of part A of chapter 56 of the laws of 2015, is
 amended to read as follows:
   § 7. This act shall take effect September 1, 1998,  and  shall  expire
 and be deemed repealed September 1, [2017] 2019.
   §  41.  Subdivision  6-a  of  section 140 of chapter 82 of the laws of
 1995, amending the education law and  certain  other  laws  relating  to
 state  aid  to  school  districts and the appropriation of funds for the
 support of government, as amended by section 17-a of part A  of  chapter
 57 of the laws of 2012, is amended to read as follows:
   (6-a) Section seventy-three of this act shall take effect July 1, 1995
 and shall be deemed repealed June 30, [2017] 2022;
   § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa-
 tion  law and other laws relating to reorganization of the New York city
 school construction authority, board of education and community  boards,
 as  amended by section 1 of part O of chapter 73 of the laws of 2016, is
 amended to read as follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one through twenty, twenty-four, and twenty-six through thirty  of  this
 act  shall  expire and be deemed repealed June 30, [2017] 2020 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2017] 2020 the provisions of subdivisions
 3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
 b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
 2554  of  the  education  law  as repealed by section three of this act,
 subdivision 1 of section 2590-b of the  education  law  as  repealed  by
 section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
 2590-b of the education law as repealed by section seven  of  this  act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as  repealed by section twenty-six of this act, subdivision 1 of section
 2590-e of the education law as repealed by section twenty-seven of  this

 S. 2006--A                         42                         A. 3006--A
 
 act,  subdivision  28 of section 2590-h of the education law as repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision  30-a  of  section  2590-h  of  the  education law as repealed by
 section thirty of this  act  shall  be  revived  and  be  read  as  such
 provisions  existed  in law on the date immediately preceding the effec-
 tive date of this act; provided, however, that sections seven and  eight
 of  this  act  shall  take effect on November 30, 2003; provided further
 that the amendments to subdivision 25 of section 2554 of  the  education
 law  made  by section two of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 12 of chapter  147
 of  the  laws of 2001, as amended, when upon such date the provisions of
 section four of this act shall take effect.
   § 43. Subdivision 12 of section 17 of chapter 345 of the laws of  2009
 amending  the education law and other laws relating to the New York city
 board of education, chancellor, community councils, and community super-
 intendents, as amended by section 2 of part O of chapter 73 of the  laws
 of 2016, is amended to read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
 and be deemed repealed June 30, [2017] 2020.
   §  44.  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
 28 of part A of chapter 54 of the laws of 2016, is amended  to  read  as
 follows:
   b.  Reimbursement for programs approved in accordance with subdivision
 a of this section for [the 2012--2013 school year shall not exceed  63.3
 percent  of  the  lesser  of  such  approvable costs per contact hour or
 twelve dollars and thirty-five cents per contact hour, reimbursement for
 the 2013--2014 school year shall not exceed 62.3 percent of  the  lesser
 of  such  approvable costs per contact hour or twelve dollars and sixty-
 five cents per contact hour, reimbursement  for  the  2014--2015  school
 year  shall  not  exceed  61.6  percent of the lesser of such approvable
 costs per contact hour or thirteen dollars per contact hour,  reimburse-
 ment  for]  the  2015--2016 school year shall not exceed 60.7 percent of
 the lesser of such approvable costs per contact hour or thirteen dollars
 and forty cents per contact hour, [and] reimbursement for the 2016--2017
 school year shall not exceed 60.3 percent of the lesser of such approva-
 ble costs per contact hour or thirteen dollars ninety cents per  contact
 hour,  AND REIMBURSEMENT FOR THE 2017--2018 SCHOOL YEAR SHALL NOT EXCEED
 60.4 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR  OR
 THIRTEEN DOLLARS AND NINETY CENTS PER CONTACT HOUR, where a contact hour
 represents sixty minutes of instruction services provided to an eligible
 adult.  Notwithstanding any other provision of law to the contrary, [for
 the  2012--2013  school  year  such  contact  hours shall not exceed one
 million  six  hundred  sixty-four  thousand  five   hundred   thirty-two
 (1,664,532)  hours;  whereas for the 2013--2014 school year such contact
 hours shall not exceed one million six hundred forty-nine thousand seven
 hundred forty-six (1,649,746) hours; whereas for the  2014--2015  school
 year  such  contact hours shall not exceed one million six hundred twen-
 ty-five thousand (1,625,000) hours; whereas] for the  2015--2016  school
 year  such contact hours shall not exceed one million five hundred nine-
 ty-nine thousand fifteen (1,599,015) hours; whereas for  the  2016--2017

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 school year such contact hours shall not exceed one million five hundred
 fifty-one  thousand  three  hundred  twelve  (1,551,312);  AND  FOR  THE
 2017--2018 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED  ONE  MILLION
 THREE  HUNDRED  SEVENTY  THOUSAND  SIX HUNDRED SEVENTY-NINE (1,370,679).
 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.
   §  45. 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 v to read as follows:
   V. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF  PAYMENTS FOR THE 2017--2018 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).
   § 46. 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 30 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed on June 30, [2017] 2018.
   §  47. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and certain other laws  relating  to
 state  aid  to  school  districts and the appropriation of funds for the
 support of government, as amended by section 33 of part A of chapter  54
 of the laws of 2016, 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,
 [2017] 2018 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, [2017] 2018;
   § 48. Paragraphs a-1 and (b) of section 5 of chapter 89 of the laws of
 2016 relating to supplementary funding for dedicated programs for public
 school  students in the East Ramapo central school district, are amended
 to read as follows:
   (a-1) The East Ramapo central school district  shall  be  eligible  to
 receive  reimbursement  [from  such  funds  made  available] pursuant to
 [paragraph (a) of] this [section] ACT, SUBJECT  TO  AVAILABLE  APPROPRI-
 ATION,  for  its  approved expenditures IN THE TWO THOUSAND SIXTEEN--TWO
 THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER on services to improve and
 enhance the educational opportunities of students attending  the  public
 schools in such district. Such services shall include, but not be limit-

 S. 2006--A                         44                         A. 3006--A
 
 ed  to, reducing class sizes, expanding academic and enrichment opportu-
 nities, establishing  and  expanding  kindergarten  programs,  expanding
 extracurricular  opportunities  and  providing student support services,
 provided,  however,  transportation  services  and expenses shall not be
 eligible for reimbursement from such funds.
   (b) In order to receive such funds, the school district  in  consulta-
 tion  with  the  monitor or monitors shall develop a long term strategic
 academic and fiscal improvement plan within 6 months from the  enactment
 of this act AND SHALL ANNUALLY REVISE SUCH PLAN BY OCTOBER FIRST OF EACH
 YEAR  THEREAFTER.    Such plan, INCLUDING SUCH ANNUAL REVISIONS THERETO,
 shall be submitted to the commissioner for approval and shall include  a
 set  of  goals with appropriate benchmarks and measurable objectives and
 identify strategies to address areas where improvements  are  needed  in
 the  district,  including  but  not  limited to its financial stability,
 academic opportunities and outcomes, education of students with disabil-
 ities, education of English language learners, and shall ensure  compli-
 ance  with  all applicable state and federal laws and regulations.  This
 improvement plan shall also include  a  comprehensive  expenditure  plan
 that will describe how the funds made available to the district pursuant
 to  this  section  will  be  spent  IN THE APPLICABLE SCHOOL YEAR.   The
 comprehensive expenditure plan shall ensure that funds  supplement,  not
 supplant,  expenditures from local, state and federal funds for services
 provided to public school students, EXCEPT THAT SUCH FUNDS MAY  BE  USED
 TO  CONTINUE  SERVICES FUNDED PURSUANT TO THIS ACT IN PRIOR YEARS.  Such
 expenditure plan shall be developed AND ANNUALLY REVISED in consultation
 with the monitor or monitors appointed by the commissioner. The board of
 education of the East  Ramapo  central  school  district  must  ANNUALLY
 conduct  a public hearing on the expenditure plan and shall consider the
 input of the community before adopting such plan. Such expenditure  plan
 shall  also  be  made publicly available and shall be ANNUALLY submitted
 along with comments made  by  the  community  to  the  commissioner  for
 approval  once  the  plan is finalized.   Upon review of the improvement
 plan and the expenditure plan, required to be submitted pursuant to this
 subdivision or section seven of this act, the commissioner shall approve
 or deny such plan in writing and, if denied, shall include  the  reasons
 therefor.  The  district  in consultation with the monitors may resubmit
 such plan or plans with any needed modifications thereto.
   § 49. Section 8 of chapter 89 of the laws of 2016 relating to  supple-
 mentary funding for dedicated programs for public school students in the
 East Ramapo central school district, is amended to read as follows:
   §  8.  This act shall take effect July 1, 2016 and shall expire and be
 deemed repealed June 30, [2017] 2018.
   § 50. 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 34 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   § 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, [2017] 2018 when
 upon such date the provisions of this act shall be deemed repealed.
   § 51. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2017--2018 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

 S. 2006--A                         45                         A. 3006--A
 
 payments shall not exceed four hundred thousand dollars  ($400,000)  per
 school year.
   §  52.  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 2018 and not later than the last  day  of  the  third  full
 business week of June 2018, 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, 2018, for salary expenses incurred between April 1 and
 June 30, 2017 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  paya-
 ble  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-

 S. 2006--A                         46                         A. 3006--A
 
 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.
   §  53. 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, 2018, 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, 2018 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.
   §  54.  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.

 S. 2006--A                         47                         A. 3006--A
 
   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.
   § 55. 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 2017--2018 school year,  as  a  non-component  school
 district, services required by article 19 of the education law.
   §  56.  The  amounts specified in this section shall be 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 2017--2018
 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

 S. 2006--A                         48                         A. 3006--A
 
 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 2017--2018 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  2017--2018
 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 2017--2018 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.
   § 57. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2017 enacting
 the aid to localities budget shall  be  apportioned  for  the  2017-2018
 state  fiscal  year  in  accordance with the provisions of sections 271,
 272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
 provisions  of this chapter and the provisions of this section, provided
 that library construction aid pursuant to section 273-a of the education
 law shall not be payable from the  appropriations  for  the  support  of
 public libraries and provided further that no library, library system or

 S. 2006--A                         49                         A. 3006--A
 
 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 2017-2018 by a chapter of the
 laws of 2017 enacting the education, labor and family assistance  budget
 shall  fulfill  the state's obligation to provide such aid and, pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant to such appropriations  shall  be  reduced  proportionately  to
 assure  that  the  total amount of aid payable does not exceed the total
 appropriations for such purpose.
   § 58. 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.
   §  59.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2017, provided,
 however, that:
   1. sections one, three, four,  five,  five-a,  five-b,  six,  fifteen,
 sixteen,  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
 twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty
 eight, twenty-nine, thirty, thirty-two, thirty-three, thirty-four, thir-
 ty-five, forty-eight, forty-nine, fifty-one, fifty-five,  and  fifty-six
 of this act shall take effect July 1, 2017;
   2. the amendments to paragraph b-1 of subdivision 4 of section 3602 of
 the  education  law  made  by  section  twenty-one of this act shall not
 affect the expiration of such paragraph pursuant to section 13 of part A
 of chapter 97 of the laws of 2011, as amended, and shall  expire  there-
 with;
   3.  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  forty-four  and
 forty-five  of this act, shall not affect the repeal of such chapter and
 shall be deemed repealed therewith;
   4. the amendments to chapter 89 of  the  laws  of  2016,  relating  to
 supplementary  funding for dedicated programs for public school students
 in the East Ramapo central school district, made by section  forty-eight
 of  this  act  shall  not affect the repeal of such chapter and shall be
 deemed repealed therewith;
   5. the amendments to subdivision 33 of section 305  of  the  education
 law,  made  by section seven of this act, shall not affect the repeal of
 such subdivision and shall be deemed repealed therewith;
   6. the amendments to subdivision 7 of section 2802  of  the  education
 law,  made  by section eight of this act, shall not affect the repeal of
 such subdivision and shall be deemed repealed therewith;

 S. 2006--A                         50                         A. 3006--A
 
   7.  the amendments to subdivision 7 of section 3214 of  the  education
 law,  made  by  section nine of this act, shall not affect the repeal of
 such subdivision and shall be deemed repealed therewith;
   8.  the  amendments to paragraph d of subdivision 3 of section 3214 of
 the education law made by section ten of this act shall  be  subject  to
 the  expiration and reversion of such paragraph pursuant to section 4 of
 chapter 425 of the laws of 2002, as amended, when  upon  such  date  the
 provisions of section eleven of this act shall take effect; and
   9.   section forty-seven 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.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY PROVIDE A  COLLABO-
 RATIVE  ALTERNATIVE  EDUCATION PROGRAM KNOWN AS A "RECOVERY HIGH SCHOOL"
 FOR STUDENTS (I) DIAGNOSED WITH SUBSTANCE USE DISORDER,  AS  DEFINED  BY
 THE  DIAGNOSTIC  AND  STATISTICAL MANUAL OF MENTAL DISORDERS V, AND (II)
 WHO HAVE DEMONSTRATED A COMMITMENT TO RECOVERY. PROVIDED THAT A RECOVERY
 HIGH SCHOOL MAY BE ONE OF TWO SUCH SCHOOLS AUTHORIZED BY THE COMMISSION-
 ER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN  CONJUNC-
 TION  WITH  THE  COMMISSIONER,  PROVIDED  THAT EACH RECOVERY HIGH SCHOOL
 SHALL CONTAIN THE FOLLOWING PROGRAM ELEMENTS: (A) A  COMPREHENSIVE  FOUR
 YEAR  HIGH  SCHOOL  EDUCATION,  (B)  A  STRUCTURED  PLAN OF RECOVERY FOR
 STUDENTS, (C) A PARTNERSHIP WITH A LOCAL  SOCIAL  SERVICES  AGENCY  WITH
 EXPERTISE IN SUBSTANCE USE DISORDER AND MENTAL HEALTH, AND (D) ANY OTHER
 PROGRAM ELEMENTS PURSUANT TO REGULATIONS OF THE COMMISSIONER OF ALCOHOL-
 ISM AND SUBSTANCE ABUSE SERVICES.
   (1)  PROGRAM  AND ADMINISTRATIVE COSTS, INCLUDING CAPITAL COSTS, ALLO-
 CATED TO COMPONENT SCHOOL DISTRICTS IN ACCORDANCE WITH A  RECOVERY  HIGH
 SCHOOL  PROGRAM  PURSUANT  TO THIS PARAGRAPH SHALL BE ELIGIBLE FOR BOCES
 AID AS AN AIDABLE SHARED SERVICE PURSUANT  TO  THIS  SECTION  AND  COSTS
 ALLOCATED TO A PARTICIPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A
 MEMORANDUM  OF  UNDERSTANDING  SHALL  BE AIDABLE PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION TO THE SAME EXTENT AND ON THE SAME BASIS  AS  COSTS
 ALLOCATED TO A COMPONENT SCHOOL DISTRICT.
   (2)  THE  TRUSTEES  OR  BOARD  OF  EDUCATION OF A NON-COMPONENT SCHOOL
 DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES  IN  EXCESS  OF  ONE
 HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF
 UNDERSTANDING  WITH  A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES TO
 PARTICIPATE IN A RECOVERY HIGH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED
 FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD  OF  EDUCATION  AND
 THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  MAY  MUTUALLY AGREE,
 PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION
 OF THE RECOVERY HIGH SCHOOL PROGRAM INCLUDING CAPITAL COSTS, BUT PARTIC-
 IPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE  FOR  PAYMENT
 OF  ADMINISTRATIVE  EXPENSES  AS DEFINED IN PARAGRAPH B OF THIS SUBDIVI-
 SION.
   § 2. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding a new subparagraph 12 to read as follows:
   (12) TO ENTER INTO CONTRACTS WITH THE COMMISSIONER OF  THE  OFFICE  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,  SUBSTANCE  ABUSE TREATMENT
 PROVIDERS, AND ANY OTHER ORGANIZATION FOR THE  PURPOSE  OF  OPERATING  A

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 RECOVERY  HIGH  SCHOOL  PROGRAM.  ANY  SUCH  PROPOSED  CONTRACT SHALL BE
 SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMISSIONER.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Section  3209 of the education law, as amended by chapter
 569 of the laws of 1994, paragraphs  a  and  a-1  of  subdivision  1  as
 amended and subdivision 2-a as added by chapter 101 of the laws of 2003,
 paragraph b of subdivision 3 as amended by section 28 of part B of chap-
 ter 57 of the laws of 2007, is amended to read as follows:
   § 3209. Education of homeless children. 1. Definitions.
   a.  Homeless  child. For the purposes of this article, the term "home-
 less child" shall mean:
   (1) a child or youth who lacks a fixed, regular, and  adequate  night-
 time residence, including a child or youth who is:
   (i)  sharing  the  housing  of other persons due to a loss of housing,
 economic hardship or a similar reason;
   (ii) living in motels, hotels, trailer parks or camping grounds due to
 the lack of alternative adequate accommodations;
   (iii) abandoned in hospitals; OR
   (iv) [awaiting foster care placement; or
   (v)] a migratory child, as defined in subsection two of section  thir-
 teen hundred nine of the Elementary and Secondary Education Act of 1965,
 as  amended  BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, who qualifies as
 homeless under any of the provisions of clauses (i) through [(iv)] (III)
 of this subparagraph or subparagraph two of this paragraph; [or]
   (V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED  TWEN-
 TY-FIVE  OF  SUBTITLE  B  OF  TITLE  VII  OF THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT; OR
   (2) a child or youth who has a primary nighttime location that is:
   (i) a supervised publicly or privately operated  shelter  designed  to
 provide  temporary  living accommodations including, but not limited to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii) a public or private place not designed for,  or  ordinarily  used
 as, a regular sleeping accommodation for human beings, including a child
 or youth who is living in a car, park, public space, abandoned building,
 substandard housing, bus or train stations or similar setting.
   a-1.  Exception.  For  the purposes of this article the term "homeless
 child" shall not include a child in a foster care placement or receiving
 educational services pursuant to subdivision four, five, six,  six-a  or
 seven of section thirty-two hundred two of this [article] PART or pursu-
 ant  to article eighty-one, eighty-five, eighty-seven or eighty-eight of
 this chapter.
   b. Designator. The term "designator" shall mean:
   (1) the parent or the person in parental relation to a homeless child;
 or
   (2) the homeless child, if no parent or person in parental relation is
 available; or
   (3) the director of a residential program  for  runaway  and  homeless
 youth  established  pursuant to article nineteen-H of the executive law,
 in consultation with the homeless child, where such  homeless  child  is
 living in such program.

 S. 2006--A                         52                         A. 3006--A
 
   c.  School  district  of  origin. The term "school district of origin"
 shall mean the school district within the state of New York in which the
 homeless child was attending a public school OR PRESCHOOL on a  tuition-
 free  basis  or  was  entitled  to attend when circumstances arose which
 caused such child to become homeless, which is different from the school
 district of current location. [Whenever the school district of origin is
 designated  pursuant to subdivision two of this section, the child shall
 be entitled to return to the school building where previously enrolled.]
 SCHOOL DISTRICT OF ORIGIN SHALL ALSO MEAN THE  SCHOOL  DISTRICT  IN  THE
 STATE  OF  NEW  YORK  IN WHICH THE CHILD WAS RESIDING WHEN CIRCUMSTANCES
 AROSE WHICH CAUSED SUCH CHILD TO  BECOME  HOMELESS  IF  SUCH  CHILD  WAS
 ELIGIBLE TO APPLY, REGISTER, OR ENROLL IN PUBLIC PRESCHOOL OR KINDERGAR-
 TEN  AT THE TIME SUCH CHILD BECAME HOMELESS, OR THE HOMELESS CHILD HAS A
 SIBLING WHO ATTENDS A SCHOOL IN THE SCHOOL DISTRICT IN WHICH  THE  CHILD
 WAS  RESIDING WHEN CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME
 HOMELESS.
   d. School district of current location. The term "school  district  of
 current location" shall mean the public school district within the state
 of  New York in which the hotel, motel, shelter or other temporary hous-
 ing arrangement of a homeless child,  or  the  residential  program  for
 runaway  and  homeless  youth,  is  located, which is different from the
 school district of origin. [Whenever  the  school  district  of  current
 location  is designated pursuant to subdivision two of this section, the
 child shall be entitled to attend the school that is zoned  for  his  or
 her  temporary location or any school that nonhomeless students who live
 in the same attendance zone in which the  homeless  child  or  youth  is
 temporarily residing are entitled to attend.]
   e.  Regional  placement plan. The term "regional placement plan" shall
 mean a comprehensive regional approach to the provision  of  educational
 placements  for homeless children which has been approved by the commis-
 sioner.
   F. FEEDER SCHOOL. THE TERM "FEEDER SCHOOL" SHALL MEAN:
   (1) A PRESCHOOL WHOSE STUDENTS ARE  ENTITLED  TO  ATTEND  A  SPECIFIED
 ELEMENTARY SCHOOL OR GROUP OF ELEMENTARY SCHOOLS UPON COMPLETION OF THAT
 PRESCHOOL;
   (2) A SCHOOL WHOSE STUDENTS ARE ENTITLED TO ATTEND A SPECIFIED ELEMEN-
 TARY, MIDDLE, INTERMEDIATE, OR HIGH SCHOOL OR GROUP OF SPECIFIED ELEMEN-
 TARY,  MIDDLE,  INTERMEDIATE,  OR  HIGH  SCHOOLS  UPON COMPLETION OF THE
 TERMINAL GRADE OF SUCH SCHOOL; OR
   (3) A SCHOOL THAT SENDS ITS STUDENTS TO A RECEIVING SCHOOL IN A NEIGH-
 BORING SCHOOL DISTRICT PURSUANT TO SECTION TWO THOUSAND  FORTY  OF  THIS
 CHAPTER.
   G.  PRESCHOOL. THE TERM "PRESCHOOL" SHALL MEAN A PUBLICLY FUNDED PREK-
 INDERGARTEN PROGRAM ADMINISTERED BY THE DEPARTMENT  OR  A  LOCAL  EDUCA-
 TIONAL  AGENCY  OR  A  HEAD START PROGRAM ADMINISTERED BY A LOCAL EDUCA-
 TIONAL AGENCY AND/OR SERVICES UNDER THE  INDIVIDUALS  WITH  DISABILITIES
 EDUCATION ACT ADMINISTERED BY A LOCAL EDUCATIONAL AGENCY.
   H. RECEIVING SCHOOL. THE TERM "RECEIVING SCHOOL" SHALL MEAN:
   (1)  A  SCHOOL  THAT  ENROLLS  STUDENTS  FROM  A SPECIFIED OR GROUP OF
 PRESCHOOLS, ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, INTERMEDIATE SCHOOLS, OR
 HIGH SCHOOLS; OR
   (2) A SCHOOL THAT ENROLLS STUDENTS FROM A FEEDER SCHOOL IN A NEIGHBOR-
 ING LOCAL EDUCATIONAL AGENCY PURSUANT TO SECTION TWO THOUSAND  FORTY  OF
 THIS CHAPTER.
   I.  SCHOOL  OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN A PUBLIC
 SCHOOL THAT A CHILD OR YOUTH ATTENDED WHEN PERMANENTLY  HOUSED,  OR  THE

 S. 2006--A                         53                         A. 3006--A
 
 SCHOOL  IN  WHICH  THE  CHILD  OR  YOUTH  WAS LAST ENROLLED, INCLUDING A
 PRESCHOOL OR A CHARTER SCHOOL.  PROVIDED THAT, FOR A HOMELESS  CHILD  OR
 YOUTH  WHO  COMPLETES  THE  FINAL  GRADE  LEVEL  SERVED BY THE SCHOOL OF
 ORIGIN, THE TERM "SCHOOL OF ORIGIN" SHALL INCLUDE THE DESIGNATED RECEIV-
 ING  SCHOOL  AT  THE NEXT GRADE LEVEL FOR ALL FEEDER SCHOOLS.  WHERE THE
 CHILD IS ELIGIBLE TO ATTEND SCHOOL IN  THE  SCHOOL  DISTRICT  OF  ORIGIN
 BECAUSE  THE  CHILD  BECOMES  HOMELESS  AFTER  SUCH CHILD IS ELIGIBLE TO
 APPLY, REGISTER, OR ENROLL IN THE PUBLIC PRESCHOOL  OR  KINDERGARTEN  OR
 THE  CHILD IS LIVING WITH A SCHOOL-AGE SIBLING WHO ATTENDS SCHOOL IN THE
 SCHOOL DISTRICT OF ORIGIN, THE SCHOOL OF ORIGIN SHALL INCLUDE ANY PUBLIC
 SCHOOL OR PRESCHOOL IN WHICH SUCH CHILD  WOULD  HAVE  BEEN  ENTITLED  OR
 ELIGIBLE  TO  ATTEND  BASED  ON  SUCH  CHILD'S LAST RESIDENCE BEFORE THE
 CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS.
   2. Choice of district AND SCHOOL.
   a. The designator shall have the right to designate one of the follow-
 ing as the school district within which  the  homeless  child  shall  be
 entitled to attend upon instruction:
   (1) the school district of current location;
   (2) the school district of origin; or
   (3) a school district participating in a regional placement plan.
   b.  THE  DESIGNATOR  SHALL ALSO HAVE THE RIGHT TO DESIGNATE ONE OF THE
 FOLLOWING AS THE SCHOOL WHERE A  HOMELESS  CHILD  SEEKS  TO  ATTEND  FOR
 INSTRUCTION:
   (1) THE SCHOOL OF ORIGIN; OR
   (2)  ANY  SCHOOL  THAT  NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE
 ATTENDANCE AREA IN WHICH THE CHILD  OR  YOUTH  IS  ACTUALLY  LIVING  ARE
 ELIGIBLE TO ATTEND, INCLUDING A PRESCHOOL.
   C.  (1)  Notwithstanding  any  other provision of law to the contrary,
 where the public school district in which a homeless child is  temporar-
 ily  housed  is  the  [same school district the child was attending on a
 tuition-free basis or was entitled to attend  when  circumstances  arose
 which  caused  the  child to become homeless] SCHOOL DISTRICT OF ORIGIN,
 the homeless child shall be entitled  to  attend  the  schools  of  such
 district  without  the payment of tuition in accordance with subdivision
 one of section thirty-two hundred two of this article FOR  THE  DURATION
 OF  THE  HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH
 CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE  ADDITIONAL  YEAR  IF  THAT
 YEAR  CONSTITUTES  THE  CHILD'S  TERMINAL YEAR IN SUCH BUILDING.   [Such
 child may choose to remain in the public school building they previously
 attended until the end of the school year and for one additional year if
 that year constitutes the child's terminal year in such building in lieu
 of the school serving the attendance zone in which the temporary housing
 facility is located.]
   (2) Notwithstanding any other provision of law to the contrary,  where
 the [public] school [or school district] DISTRICT OF ORIGIN OR SCHOOL OF
 ORIGIN  THAT  a  homeless child was attending on a tuition-free basis or
 was entitled to attend when circumstances arose which caused  the  child
 to  become homeless is located [outside the state] IN NEW YORK STATE AND
 THE HOMELESS CHILD'S TEMPORARY  HOUSING  ARRANGEMENT  IS  LOCATED  IN  A
 CONTIGUOUS  STATE, the homeless child shall be [deemed a resident of the
 school district in which the hotel, motel, shelter  or  other  temporary
 housing  arrangement  of  the  child  is currently located and shall be]
 entitled to [attend the schools of  such  district  without  payment  of
 tuition in accordance with subdivision one of section thirty-two hundred
 two  of this article. Such district of residence shall not be considered
 a school district of origin or a school district of current location for

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

 purposes of this section] ATTEND THE SCHOOL OF ORIGIN OR ANY SCHOOL THAT
 NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTENDANCE AREA IN  WHICH
 THE  CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO ATTEND, INCLUDING
 A  PRESCHOOL,  SUBJECT  TO  A  BEST  INTEREST  DETERMINATION PURSUANT TO
 SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVISION, FOR THE  DURATION
 OF  THE  HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH
 CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE  ADDITIONAL  YEAR  IF  THAT
 YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   (3)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
 THE CHILD'S TEMPORARY HOUSING ARRANGEMENT IS LOCATED IN NEW YORK  STATE,
 THE  HOMELESS  CHILD SHALL BE ENTITLED TO ATTEND THE SCHOOL OF ORIGIN OR
 ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN  THE  ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND,  INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION
 PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS  SUBDIVISION,  FOR
 THE DURATION OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN
 WHICH  SUCH CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE ADDITIONAL YEAR
 IF THAT YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   [c.] D. Notwithstanding the provisions of paragraph a of this subdivi-
 sion, a homeless child who has designated the school district of current
 location as the district of attendance and who has relocated to  another
 temporary  housing arrangement outside of such district, or to a differ-
 ent attendance zone or community school district within  such  district,
 shall  be  entitled  to  continue  [the  prior designation to enable the
 student to remain] TO ATTEND in the same school  building  OR  DESIGNATE
 ANY  SCHOOL  THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND, INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST  DETERMINATION
 IN  ACCORDANCE  WITH  SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVI-
 SION, FOR THE DURATION OF THE HOMELESSNESS AND  until  the  end  of  the
 school  year  IN  WHICH THE CHILD BECOMES PERMANENTLY HOUSED and for one
 additional year if that year constitutes the child's  terminal  year  in
 such building.
   [d.]  E.  Such  designation  shall  be  made on forms specified by the
 commissioner, and shall include the name of the child, the name  of  the
 parent  or  person  in  parental  relation  to  the  child, the name and
 location of the temporary housing arrangement, the name  of  the  school
 district  of  origin,  the name of the school district where the child's
 records are located, the complete address where the family  was  located
 at  the time circumstances arose which caused such child to become home-
 less and any other information required by the commissioner. All  school
 districts,  temporary housing facilities operated or approved by a local
 social services district, and residential  facilities  for  runaway  and
 homeless youth shall make such forms available AND SHALL ENSURE THAT THE
 COMPLETED  DESIGNATION  FORMS  ARE GIVEN TO THE LOCAL EDUCATIONAL AGENCY
 LIAISON FOR THE LOCAL EDUCATIONAL AGENCY IN WHICH THE DESIGNATED  SCHOOL
 IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE COMMISSIONER IN REGULATIONS.
 Where  the  homeless  child  is  located in a temporary housing facility
 operated or approved by a local social services district, or a  residen-
 tial facility for runaway and homeless youth, the director of the facil-
 ity or a person designated by the social services district, shall, with-
 in   two   business  days,  assist  the  designator  in  completing  the
 designation forms and enrolling the homeless  child  in  the  designated
 school  district AND SHALL FORWARD THE COMPLETED DESIGNATION FORM TO THE
 LOCAL EDUCATIONAL AGENCY LIAISON FOR THE  LOCAL  EDUCATIONAL  AGENCY  IN

 S. 2006--A                         55                         A. 3006--A
 
 WHICH  THE DESIGNATED SCHOOL IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE
 COMMISSIONER IN REGULATIONS.
   [e.]  F.  Upon  receipt of the designation form, the designated school
 district shall immediately:
   (1) REVIEW THE DESIGNATION FORM TO ENSURE THAT IT HAS BEEN COMPLETED;
   (2) admit the homeless child EVEN IF THE CHILD OR YOUTH IS  UNABLE  TO
 PRODUCE  RECORDS NORMALLY A REQUIREMENT FOR ENROLLMENT, SUCH AS PREVIOUS
 ACADEMIC RECORDS, RECORDS OF IMMUNIZATION AND/OR OTHER  REQUIRED  HEALTH
 RECORDS,  PROOF  OF  RESIDENCY OR OTHER DOCUMENTATION AND/OR EVEN IF THE
 CHILD HAS MISSED APPLICATION OR ENROLLMENT DEADLINES DURING  ANY  PERIOD
 OF  HOMELESSNESS,  IF APPLICABLE.  PROVIDED THAT NOTHING HEREIN SHALL BE
 CONSTRUED TO REQUIRE THE IMMEDIATE ATTENDANCE  OF  AN  ENROLLED  STUDENT
 LAWFULLY  EXCLUDED  FROM  SCHOOL  TEMPORARILY  PURSUANT  TO SECTION NINE
 HUNDRED SIX OF THIS CHAPTER BECAUSE  OF  A  COMMUNICABLE  OR  INFECTIOUS
 DISEASE THAT IMPOSES A SIGNIFICANT RISK OF INFECTION OF OTHERS;
   [(2)]  (3) DETERMINE WHETHER THE DESIGNATION MADE BY THE DESIGNATOR IS
 CONSISTENT WITH THE BEST INTERESTS OF THE HOMELESS CHILD  OR  YOUTH.  IN
 DETERMINING A HOMELESS CHILD'S BEST INTEREST, A LOCAL EDUCATIONAL AGENCY
 SHALL:
   (I)  PRESUME THAT KEEPING THE HOMELESS CHILD OR YOUTH IN THE SCHOOL OF
 ORIGIN IS IN THE CHILD'S OR YOUTH'S BEST INTEREST, EXCEPT WHEN DOING  SO
 IS  CONTRARY TO THE REQUEST OF THE CHILD'S PARENT OR GUARDIAN, OR IN THE
 CASE OF AN UNACCOMPANIED YOUTH, THE YOUTH;
   (II) CONSIDER STUDENT-CENTERED FACTORS, INCLUDING BUT NOT  LIMITED  TO
 FACTORS RELATED TO THE IMPACT OF MOBILITY ON ACHIEVEMENT, EDUCATION, THE
 HEALTH  AND SAFETY OF THE HOMELESS CHILD, GIVING PRIORITY TO THE REQUEST
 OF THE CHILD'S OR YOUTH'S PARENT OR GUARDIAN OR THE YOUTH IN THE CASE OF
 AN UNACCOMPANIED YOUTH;
   (III) IF AFTER CONSIDERING STUDENT-CENTERED FACTORS AND  CONDUCTING  A
 BEST  INTEREST  SCHOOL  PLACEMENT  DETERMINATION,  THE LOCAL EDUCATIONAL
 AGENCY DETERMINES THAT IT IS NOT IN THE HOMELESS CHILD'S  BEST  INTEREST
 TO  ATTEND THE SCHOOL OF ORIGIN OR THE SCHOOL DESIGNATED BY THE DESIGNA-
 TOR, THE LOCAL EDUCATIONAL AGENCY MUST PROVIDE A WRITTEN EXPLANATION  OF
 THE  REASONS  FOR ITS DETERMINATION, IN A MANNER AND FORM UNDERSTANDABLE
 TO SUCH PARENT, GUARDIAN, OR UNACCOMPANIED YOUTH.  THE INFORMATION  MUST
 ALSO  INCLUDE  INFORMATION  REGARDING  THE  RIGHT  TO A TIMELY APPEAL IN
 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE HOMELESS  CHILD  OR
 YOUTH  MUST  BE  ENROLLED IN THE SCHOOL IN WHICH ENROLLMENT IS SOUGHT BY
 THE DESIGNATOR DURING THE PENDENCY OF ALL AVAILABLE APPEALS;
   (4) treat the homeless child as a resident for all purposes;
   [(3)] (5) make a written request to  the  school  district  where  the
 child's records are located for a copy of such records; and
   [(4)]  (6) forward the designation form to the [commissioner, and the]
 school district of origin where applicable.
   [f.] G. Within five days of receipt of a request for records  pursuant
 to subparagraph [three] FIVE of paragraph [e] F of this subdivision, the
 school  district  shall  forward,  in a manner consistent with state and
 federal law, a complete copy of the homeless child's records  including,
 but not limited to, proof of age, academic records, evaluations, immuni-
 zation records, and guardianship papers, if applicable.
   [g.]  H.  WHERE  THE  SCHOOL OF ORIGIN IS A CHARTER SCHOOL, THE SCHOOL
 DISTRICT DESIGNATED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED  TO  BE
 THE  SCHOOL  DISTRICT  OF RESIDENCE OF SUCH CHILD FOR PURPOSES OF FISCAL
 AND PROGRAMMATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS  CHAPTER
 AND  SHALL  BE RESPONSIBLE FOR TRANSPORTATION OF THE HOMELESS CHILD IF A

 S. 2006--A                         56                         A. 3006--A
 
 SOCIAL SERVICES DISTRICT IS NOT OTHERWISE RESPONSIBLE PURSUANT TO SUBDI-
 VISION FOUR OF THIS SECTION.
   I.  The  commissioner  shall  promulgate regulations setting forth the
 circumstances pursuant to which a change in designation may be made  and
 establishing  a  procedure for the identification of the school district
 of origin.
   2-a. Notwithstanding any other provision of law to the contrary,  each
 local  educational agency, as such term is defined in subsection twenty-
 six of section ninety-one hundred one of the  Elementary  and  Secondary
 Education  Act  of 1965, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF
 2015, shall designate a local educational agency  liaison  for  homeless
 children  and  youths  and shall, consistent with the provisions of this
 section, otherwise comply with the applicable requirements of paragraphs
 three through seven of subsection (g) of section seven  hundred  twenty-
 two of subtitle B of title VII of the McKinney-Vento Assistance Act.
   3. Reimbursement.
   a.  Where  either  the school district of current location or a school
 district participating in a regional placement plan is designated as the
 district in which the homeless child shall attend upon  instruction  and
 such  homeless  child's  school  district  of  origin is within New York
 state, the school district providing  instruction,  INCLUDING  PRESCHOOL
 INSTRUCTION,  shall  be eligible for reimbursement by the department, as
 approved by  the  commissioner,  for  the  direct  cost  of  educational
 services,  not  otherwise  reimbursed  under  special  federal programs,
 calculated pursuant to regulations of the commissioner for the period of
 time for which such services are provided. The claim for such reimburse-
 ment shall be in a form prescribed by the commissioner. The  educational
 costs for such children shall not be otherwise aidable or reimbursable.
   b.  The  school  district of origin shall reimburse the department for
 its expenditure for educational services on behalf of a  homeless  child
 pursuant  to  paragraph  a of this subdivision in an amount equal to the
 school district basic contribution, as such term is defined in  subdivi-
 sion  eight of section forty-four hundred one of this chapter, pro-rated
 for the period of time for which such services were provided in the base
 year by a school district other than the school district of origin. Upon
 certification by the commissioner, the comptroller shall deduct from any
 state funds which become due to the school district of origin an  amount
 equal  to  the reimbursement required to be made by such school district
 in accordance with this paragraph, and the amount so deducted shall  not
 be included in the operating expense of such district for the purpose of
 computing  the  approved  operating  expense  pursuant to paragraph t of
 subdivision one of section thirty-six hundred two of this chapter.
   4. Transportation.
   a. A social services district shall provide for the transportation  of
 each  homeless  child,  INCLUDING  THOSE  IN PRESCHOOL AND STUDENTS WITH
 DISABILITIES IDENTIFIED PURSUANT TO SECTIONS FORTY-FOUR HUNDRED ONE  AND
 FORTY-FOUR  HUNDRED  TWO  OF THIS CHAPTER WHOSE INDIVIDUALIZED EDUCATION
 PROGRAMS INCLUDE SPECIAL TRANSPORTATION SERVICES, who  is  eligible  for
 benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
 services law, to and from a temporary  housing  location  in  which  the
 child was placed by the social services district and the school attended
 by such child pursuant to this section, if such temporary housing facil-
 ity  is  located  outside  of the designated school district pursuant to
 paragraph a of subdivision  two  of  this  section.  A  social  services
 district  shall be authorized to contract with a board of education or a
 board of cooperative educational services  for  the  provision  of  such

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 transportation.  WHERE  THE  SOCIAL  SERVICES DISTRICT REQUESTS THAT THE
 DESIGNATED SCHOOL DISTRICT OF ATTENDANCE PROVIDE OR ARRANGE  FOR  TRANS-
 PORTATION  FOR  A HOMELESS CHILD ELIGIBLE FOR TRANSPORTATION PURSUANT TO
 THIS  PARAGRAPH,  THE  DESIGNATED  SCHOOL  DISTRICT  OF ATTENDANCE SHALL
 PROVIDE OR ARRANGE  FOR  THE  TRANSPORTATION  AND  THE  SOCIAL  SERVICES
 DISTRICT  SHALL  FULLY  AND  PROMPTLY  REIMBURSE  THE  DESIGNATED SCHOOL
 DISTRICT OF ATTENDANCE FOR THE COST  AS  DETERMINED  BY  THE  DESIGNATED
 SCHOOL  DISTRICT.  This  paragraph  shall  apply to placements made by a
 social services district without regard to whether a payment is made  by
 the district to the operator of the temporary housing facility.
   b.  [The division for youth, to the extent funds are provided for such
 purpose, as determined by the director of the  budget,]  THE  DESIGNATED
 SCHOOL  DISTRICT  OF  ATTENDANCE shall provide for the transportation of
 each homeless child who is living in a residential program  for  runaway
 and  homeless  youth  established  pursuant to article nineteen-H of the
 executive law, to and from such  residential  program,  and  the  school
 attended by such child pursuant to this section, if such temporary hous-
 ing  location  is  located  outside  the designated school district. The
 [division for youth or the director of a residential program for runaway
 and homeless youth] DESIGNATED DISTRICT OF ATTENDANCE shall  be  author-
 ized  to  contract  with  [a  school district or] a board of cooperative
 educational services OR A RESIDENTIAL PROGRAM FOR RUNAWAY  AND  HOMELESS
 YOUTH  for  the  provision  of such transportation. THE DEPARTMENT SHALL
 REIMBURSE THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE FOR THE  COST  OF
 TRANSPORTING  SUCH  CHILD  TO  AND  FROM THE RESIDENTIAL PROGRAM AND THE
 SCHOOL ATTENDED BY SUCH CHILD TO THE EXTENT FUNDS ARE PROVIDED FOR  SUCH
 PURPOSE, AS DETERMINED BY THE DIRECTOR OF THE BUDGET.
   c.  Notwithstanding any other provision of law, any homeless child not
 entitled to receive transportation pursuant to [paragraph] PARAGRAPHS  a
 AND B of this subdivision who requires transportation in order to attend
 a  school  [district]  OF ORIGIN designated pursuant to [paragraph a of]
 subdivision two of this section [outside of the district in  which  such
 child  is  housed],  shall  be  entitled  to receive such transportation
 pursuant to this paragraph. [If the]  THE  designated  [school  district
 pursuant to paragraph a of subdivision two of this section is the school
 district  of  origin  or  a  school district participating in a regional
 placement plan, such] school district OF ATTENDANCE shall provide trans-
 portation to and from the child's temporary  housing  location  and  the
 school  [the child legally attends] OF ORIGIN. Such transportation shall
 not be in excess of fifty miles each way except where  the  commissioner
 certifies  that  transportation  in excess of fifty miles is in the best
 interest of the child. Any cost incurred for such transportation that is
 allowable pursuant to the applicable provision of parts two and three of
 article seventy-three of this chapter or herein, shall be aidable pursu-
 ant to subdivision seven of section thirty-six hundred two of this chap-
 ter, provided that the approved transportation expense shall not  exceed
 an  amount  determined  by  the  commissioner  to  be the total cost for
 providing the most cost-effective  mode  of  such  transportation  in  a
 manner  consistent  with  commissioner's regulations.   The commissioner
 shall promulgate regulations setting forth the circumstances pursuant to
 which parent  accompaniment  for  transportation  may  be  reimbursable,
 including  but not limited to: the age of the child; the distance of the
 transportation; the cost-effectiveness of the transportation; and wheth-
 er the child has a handicapping condition.
   d. Notwithstanding any other provision of law, where a homeless  child
 designates  the  school district of current location as the district the

 S. 2006--A                         58                         A. 3006--A
 
 child will attend AND SUCH CHILD DOES NOT ATTEND THE SCHOOL  OF  ORIGIN,
 such  school  district shall provide transportation to such child on the
 same basis as a resident student.
   e.  [Notwithstanding  any  other provision of law, if a homeless child
 chooses to remain in the public school  building  the  child  previously
 attended  pursuant to subparagraph one of paragraph b of subdivision two
 of this section or paragraph c of subdivision two of  this  section  the
 school  district  shall  provide  transportation to and from the child's
 temporary housing location and the school the child legally  attends  if
 such  temporary  housing  is  located  in a different attendance zone or
 community school district within such district. The cost of such  trans-
 portation shall be reimbursed in accordance with the provisions of para-
 graph  c  of  this subdivision.] WHERE THE DESIGNATED SCHOOL DISTRICT OF
 ATTENDANCE HAS RECOMMENDED THAT  THE  HOMELESS  CHILD  ATTEND  A  SUMMER
 EDUCATIONAL  PROGRAM  AND  THE LACK OF TRANSPORTATION POSES A BARRIER TO
 SUCH CHILD'S PARTICIPATION IN THE SUMMER EDUCATIONAL PROGRAM, THE DESIG-
 NATED SCHOOL DISTRICT OF ATTENDANCE SHALL PROVIDE TRANSPORTATION.
   F. THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE,  OR  THE  SOCIAL
 SERVICES  DISTRICT IF SUCH CHILD IS ELIGIBLE FOR TRANSPORTATION FROM THE
 SOCIAL SERVICES DISTRICT PURSUANT TO PARAGRAPH A  OF  THIS  SUBDIVISION,
 SHALL  PROVIDE  OR  ARRANGE  FOR  TRANSPORTATION  TO  EXTRACURRICULAR OR
 ACADEMIC ACTIVITIES WHERE:
   (1) THE HOMELESS CHILD PARTICIPATES IN OR WOULD LIKE TO PARTICIPATE IN
 AN EXTRACURRICULAR  OR  ACADEMIC  ACTIVITY,  INCLUDING  AN  AFTER-SCHOOL
 ACTIVITY, AT THE SCHOOL;
   (2) THE HOMELESS CHILD MEETS THE RELEVANT ELIGIBILITY CRITERIA FOR THE
 ACTIVITY; AND
   (3) THE LACK OF TRANSPORTATION POSES A BARRIER TO SUCH CHILD'S PARTIC-
 IPATION IN THE ACTIVITY.
   G.  WHERE  THE  HOMELESS  CHILD  IS TEMPORARILY LIVING IN A CONTIGUOUS
 STATE AND HAS DESIGNATED A SCHOOL OF ORIGIN LOCATED IN THE STATE OF  NEW
 YORK, THE DESIGNATED SCHOOL DISTRICT IN NEW YORK STATE SHALL COLLABORATE
 WITH  THE  LOCAL  EDUCATIONAL  AGENCY IN WHICH SUCH CHILD IS TEMPORARILY
 LIVING  TO  ARRANGE  FOR  TRANSPORTATION  IN  ACCORDANCE  WITH   SECTION
 722(G)(1)(J)(III)(II) OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   H.  WHERE  THE  HOMELESS CHILD IS TEMPORARILY LIVING IN NEW YORK STATE
 AND CONTINUES TO ATTEND A SCHOOL  OF  ORIGIN  LOCATED  IN  A  CONTIGUOUS
 STATE, THE SCHOOL DISTRICT OF CURRENT LOCATION SHALL COORDINATE WITH THE
 LOCAL EDUCATIONAL AGENCY WHERE SUCH CHILD IS ATTENDING SCHOOL TO ARRANGE
 FOR  TRANSPORTATION  IN ACCORDANCE WITH SECTION 722(G)(1)(J)(III)(II) OF
 THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   I. TRANSPORTATION AS DESCRIBED IN THIS SUBDIVISION MUST BE PROVIDED TO
 THE HOMELESS CHILD BY THE DESIGNATED SCHOOL DISTRICT  OF  ATTENDANCE  OR
 THE  SOCIAL  SERVICES  DISTRICT  FOR  THE  DURATION OF HOMELESSNESS. THE
 DESIGNATED DISTRICT OF ATTENDANCE  MUST  TRANSPORT  THE  CHILD  FOR  THE
 REMAINDER  OF  THE  SCHOOL  YEAR  IN WHICH THE CHILD BECOMES PERMANENTLY
 HOUSED AND ONE ADDITIONAL YEAR IF  THAT  YEAR  CONSTITUTES  THE  CHILD'S
 TERMINAL YEAR IN THE DESIGNATED SCHOOL. SUCH TRANSPORTATION SHALL NOT BE
 IN  EXCESS  OF FIFTY MILES EACH WAY EXCEPT WHERE THE COMMISSIONER CERTI-
 FIES THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST  INTER-
 EST  OF THE CHILD. THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE SHALL BE
 ENTITLED TO REIMBURSEMENT FROM THE CURRENT SCHOOL DISTRICT IN WHICH  THE
 CHILD  BECOMES  PERMANENTLY HOUSED FOR ANY COST INCURRED FOR TRANSPORTA-
 TION FOR THE REMAINDER OF THE SCHOOL YEAR AFTER THE CHILD BECOMES PERMA-
 NENTLY HOUSED AND ONE ADDITIONAL  YEAR  IF  THAT  YEAR  CONSTITUTES  THE
 CHILD'S TERMINAL YEAR IN THE DESIGNATED SCHOOL.

 S. 2006--A                         59                         A. 3006--A
 
   5. EACH SCHOOL DISTRICT SHALL:
   A.   ESTABLISH  PROCEDURES,  IN  ACCORDANCE  WITH  42  U.S.C.  SECTION
 11432(G)(3)(E), FOR THE PROMPT RESOLUTION OF DISPUTES  REGARDING  SCHOOL
 SELECTION OR ENROLLMENT OF A HOMELESS CHILD OR YOUTH, INCLUDING, BUT NOT
 LIMITED  TO,  DISPUTES  REGARDING  TRANSPORTATION  AND/OR  A  CHILD'S OR
 YOUTH'S STATUS AS A HOMELESS CHILD OR UNACCOMPANIED YOUTH;
   B. PROVIDE A WRITTEN EXPLANATION, INCLUDING A STATEMENT REGARDING  THE
 RIGHT  TO  APPEAL  PURSUANT TO 42 U.S.C. SECTION 11432(G)(3)(E)(II), THE
 NAME, POST OFFICE ADDRESS AND TELEPHONE NUMBER OF THE LOCAL  EDUCATIONAL
 AGENCY  LIAISON  AND  THE  FORM PETITION FOR COMMENCING AN APPEAL TO THE
 COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER OF  A
 FINAL DETERMINATION REGARDING ENROLLMENT, SCHOOL SELECTION AND/OR TRANS-
 PORTATION, TO THE HOMELESS CHILD'S OR YOUTH'S PARENT OR GUARDIAN, IF THE
 SCHOOL DISTRICT DECLINES TO EITHER ENROLL AND/OR TRANSPORT SUCH CHILD OR
 YOUTH  TO  THE  SCHOOL  OF ORIGIN OR A SCHOOL REQUESTED BY THE PARENT OR
 GUARDIAN; AND
   C. SHALL IMMEDIATELY ENROLL THE CHILD OR YOUTH IN THE SCHOOL IN  WHICH
 ENROLLMENT  IS  SOUGHT  PENDING FINAL RESOLUTION OF THE DISPUTE OVER THE
 SCHOOL DISTRICT'S FINAL DETERMINATION OF THE CHILD'S OR YOUTH'S HOMELESS
 STATUS, INCLUDING ALL AVAILABLE APPEALS  WITHIN  THE  LOCAL  EDUCATIONAL
 AGENCY  AND THE COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION THREE
 HUNDRED TEN OF THIS CHAPTER.
   6. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
 commissioner,  the commissioner of [social services, and the director of
 the division for youth] THE OFFICE OF TEMPORARY AND  DISABILITY  ASSIST-
 ANCE  AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
 shall develop a plan to ensure coordination and access to education  for
 homeless children and shall annually review such plan.
   b.  The commissioner shall periodically monitor local school districts
 to ensure their compliance with the provisions of this article, and that
 such districts review and revise any  local  regulations,  policies,  or
 practices  that  may  act as barriers to the enrollment or attendance of
 homeless children in school or their receipt of comparable  services  as
 defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
   c.  School districts shall periodically report such information to the
 commissioner as he or she may require to carry out the purposes of  this
 section.
   [6.] 7. Public welfare officials, except as otherwise provided by law,
 shall  furnish  indigent  children with suitable clothing, shoes, books,
 food, transportation and other necessaries to enable them to attend upon
 instruction as required by law. Upon demonstration of need, such  neces-
 saries  shall  also  include transportation of indigent children for the
 purposes of evaluations pursuant to section forty-four  hundred  ten  of
 this  chapter and title II-A of article twenty-five of the public health
 law.
   [7.] 8. INFORMATION ABOUT A HOMELESS CHILD'S OR YOUTH'S  LIVING  SITU-
 ATION SHALL BE TREATED AS A STUDENT EDUCATIONAL RECORD, AND SHALL NOT BE
 DEEMED  TO  BE  DIRECTORY INFORMATION, UNDER THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015.
   9. EACH HOMELESS CHILD TO BE ASSISTED  UNDER  THIS  SECTION  SHALL  BE
 PROVIDED  SERVICES  COMPARABLE  TO SERVICES OFFERED TO OTHER STUDENTS IN
 THE SCHOOL SELECTED UNDER THIS SECTION, INCLUDING THE FOLLOWING:  TRANS-
 PORTATION  SERVICES;  EDUCATIONAL  SERVICES FOR WHICH THE CHILD OR YOUTH
 MEETS THE ELIGIBILITY CRITERIA, SUCH AS SERVICES PROVIDED UNDER TITLE  I
 OF  THE  ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 OR SIMILAR STATE
 OR LOCAL PROGRAMS; EDUCATIONAL PROGRAMS FOR CHILDREN WITH  DISABILITIES;

 S. 2006--A                         60                         A. 3006--A
 
 EDUCATIONAL  PROGRAMS FOR ENGLISH LEARNERS; PROGRAMS IN CAREER AND TECH-
 NICAL EDUCATION; PROGRAMS FOR GIFTED AND TALENTED STUDENTS;  AND  SCHOOL
 NUTRITION PROGRAMS.
   10.  The  commissioner  may  promulgate  regulations  to carry out the
 purposes of this section.
   § 2. Paragraph a of subdivision 1 of section  3209  of  the  education
 law,  as added by chapter 569 of the laws of 1994, is amended to read as
 follows:
   a. Homeless child. For the purposes of this article, the  term  "home-
 less child" shall mean:
   (1)  a  child who lacks a fixed, regular, and adequate nighttime resi-
 dence, INCLUDING A CHILD OR YOUTH WHO IS:
   (I) SHARING THE HOUSING OF OTHER PERSONS DUE TO  A  LOSS  OF  HOUSING,
 ECONOMIC HARDSHIP OR A SIMILAR REASON;
   (II) LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE TO
 THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS;
   (III) ABANDONED IN HOSPITALS;
   (IV)  A MIGRATORY CHILD, AS DEFINED IN SUBSECTION TWO OF SECTION THIR-
 TEEN HUNDRED NINE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965,
 AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, WHO  QUALIFIES  AS
 HOMELESS  UNDER  ANY  OF  THE PROVISIONS OF CLAUSES (I) THROUGH (III) OF
 THIS SUBPARAGRAPH OR SUBPARAGRAPH TWO OF THIS PARAGRAPH; OR
   (V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED  TWEN-
 TY-FIVE  OF  SUBTITLE  B  OF  TITLE  VII  OF THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT; or
   (2) a child who has a primary nighttime location that is:
   (i) a supervised publicly or privately operated  shelter  designed  to
 provide  temporary  living accommodations including, but not limited to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii) a public or private place not designed for,  or  ordinarily  used
 as, a regular sleeping accommodation for human beings, INCLUDING A CHILD
 OR YOUTH WHO IS LIVING IN A CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING,
 SUBSTANDARD HOUSING, BUS OR TRAIN STATIONS OR SIMILAR SETTING.
   (3) the term "homeless child" shall not include a child in foster care
 PLACEMENT  or  receiving  educational  services  pursuant to subdivision
 four, five, six, six-a or seven of section  thirty-two  hundred  two  of
 this article or pursuant to article eighty-one, eighty-five, eighty-sev-
 en or eighty-eight of this chapter.
   § 3. This act shall take effect immediately; provided, however, that:
   (a)  the amendments to paragraph a of subdivision 1 of section 3209 of
 the education law made by section one of this act shall  be  subject  to
 the  expiration and reversion of such paragraph pursuant to section 5 of
 chapter 101 of the laws of 2003, as amended, when  upon  such  date  the
 provisions of section two of this act shall take effect;
   (b)  the  amendments to paragraph a-1 of subdivision 1 of section 3209
 of the education law made by section one of this act  shall  not  affect
 the  expiration  of  such paragraph and shall be deemed to expire there-
 with; and
   (c) the amendments to subdivision 2-a of section 3209 of the education
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.
 
                                  PART D

 S. 2006--A                         61                         A. 3006--A
 
   Section  1. The education law is amended by adding a new section 669-h
 to read as follows:
   §  669-H. EXCELSIOR SCHOLARSHIP. 1. ELIGIBILITY. AN EXCELSIOR SCHOLAR-
 SHIP AWARD SHALL BE MADE TO AN APPLICANT WHO: (A) IS MATRICULATED IN  AN
 APPROVED  PROGRAM LEADING TO AN UNDERGRADUATE DEGREE AT A NEW YORK STATE
 PUBLIC INSTITUTION OF HIGHER EDUCATION; (B) IF ENROLLED IN (I) A  PUBLIC
 INSTITUTION  OF  HIGHER EDUCATION PRIOR TO APPLICATION, HAS COMPLETED AT
 LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS  EQUIVALENT,  APPLICABLE
 TO  HIS  OR  HER  PROGRAM OR PROGRAMS OF STUDY OR (II) AN INSTITUTION OF
 HIGHER EDUCATION PRIOR TO APPLICATION, HAS COMPLETED  AT  LEAST  FIFTEEN
 COMBINED  CREDITS  PER TERM, OR ITS EQUIVALENT, APPLICABLE TO HIS OR HER
 PROGRAM OR PROGRAMS OF STUDY AND WHICH WERE ACCEPTED UPON TRANSFER TO  A
 PUBLIC  INSTITUTION OF HIGHER EDUCATION; (C) ENROLLS IN AND COMPLETES AT
 LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS  EQUIVALENT,  APPLICABLE
 TO  HIS  OR  HER  PROGRAM OR PROGRAMS OF STUDY EXCEPT IN LIMITED CIRCUM-
 STANCES AS PRESCRIBED BY THE CORPORATION IN REGULATION. NOTWITHSTANDING,
 IN THE STUDENT'S LAST SEMESTER, THE STUDENT MAY TAKE AT LEAST ONE COURSE
 NEEDED TO MEET HIS OR HER GRADUATION  REQUIREMENTS  AND  ENROLL  IN  AND
 COMPLETE  AT  LEAST  FIFTEEN  CREDIT HOURS OR ITS EQUIVALENT; (D) HAS AN
 ADJUSTED GROSS INCOME, AS DEFINED IN THIS SUBDIVISION, EQUAL TO OR  LESS
 THAN: (I) ONE HUNDRED THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD
 IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR; (II)
 ONE  HUNDRED  TEN  THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN
 THE TWO THOUSAND EIGHTEEN--TWO  THOUSAND  NINETEEN  ACADEMIC  YEAR;  AND
 (III)  ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS RECEIVING
 AN AWARD IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR
 AND THEREAFTER; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF  THIS
 ARTICLE  AND  ALL  REQUIREMENTS  PROMULGATED  BY THE CORPORATION FOR THE
 ADMINISTRATION OF THE PROGRAM. ADJUSTED GROSS INCOME SHALL BE THE  TOTAL
 OF  THE  COMBINED  ADJUSTED GROSS INCOME OF THE APPLICANT AND THE APPLI-
 CANT'S PARENTS OR THE APPLICANT AND THE APPLICANT'S SPOUSE, IF  MARRIED,
 AS  REPORTED  ON THE FEDERAL INCOME TAX RETURN, OR AS OTHERWISE OBTAINED
 BY THE CORPORATION, FOR THE CALENDAR YEAR COINCIDING WITH THE  TAX  YEAR
 ESTABLISHED  BY  THE  U.S. DEPARTMENT OF EDUCATION TO QUALIFY APPLICANTS
 FOR FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY TITLE IV OF THE
 HIGHER EDUCATION ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, FOR THE
 SCHOOL YEAR IN WHICH APPLICATION FOR ASSISTANCE IS MADE.
   2. AMOUNT. AWARDS SHALL BE GRANTED BEGINNING  WITH  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN ACADEMIC YEAR AND THEREAFTER TO APPLI-
 CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO  RECEIVE  SUCH
 AWARDS.  THE  CORPORATION SHALL GRANT SUCH AWARDS IN THE AMOUNT EQUAL TO
 THE AMOUNT OF UNDERGRADUATE TUITION FOR  RESIDENTS  OF  NEW  YORK  STATE
 CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION, WHICHEVER
 IS  LESS;  PROVIDED,  HOWEVER,  (A)  A  STUDENT WHO RECEIVES EDUCATIONAL
 GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTEND-
 ANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; AND  (B)  AN
 AWARD  UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICA-
 TION OF PAYMENTS RECEIVED UNDER THE TUITION ASSISTANCE PROGRAM  PURSUANT
 TO  SECTION  SIX  HUNDRED  SIXTY-SEVEN  OF THIS SUBPART, TUITION CREDITS
 PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS  ARTICLE,  FEDERAL
 PELL  GRANT  PURSUANT TO SECTION ONE THOUSAND SEVENTY OF TITLE TWENTY OF
 THE UNITED STATES CODE, ET. SEQ., AND ANY OTHER PROGRAM THAT COVERS  THE
 COST OF ATTENDANCE, AND THE AWARD UNDER THIS PROGRAM SHALL BE REDUCED IN
 THE  AMOUNT  EQUAL TO SUCH PAYMENTS, PROVIDED THAT THE COMBINED BENEFITS
 DO NOT EXCEED THE STUDENT'S FULL COST OF TUITION. UPON  NOTIFICATION  OF
 AN  AWARD  UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF

 S. 2006--A                         62                         A. 3006--A
 
 TUITION.   NOTWITHSTANDING PARAGRAPH H OF  SUBDIVISION  TWO  OF  SECTION
 THREE  HUNDRED  FIFTY-FIVE  AND  PARAGRAPH  (A)  OF SUBDIVISION SEVEN OF
 SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER, AND ANY OTHER LAW,
 RULE OR REGULATION TO THE CONTRARY, THE UNDERGRADUATE TUITION CHARGED BY
 THE  INSTITUTION  TO RECIPIENTS OF AN AWARD SHALL NOT EXCEED THE TUITION
 RATE ESTABLISHED BY THE INSTITUTION FOR THE  TWO  THOUSAND  SIXTEEN--TWO
 THOUSAND SEVENTEEN ACADEMIC YEAR.
   3. DURATION. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE
 THAN  FOUR  ACADEMIC  YEARS  OF  FULL-TIME  UNDERGRADUATE  STUDY OR FIVE
 ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS.  AN
 ELIGIBLE  RECIPIENT  ENROLLED  IN  AN ELIGIBLE TWO YEAR PROGRAM OF STUDY
 SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO ACADEMIC YEARS.    NOTWITH-
 STANDING, SUCH DURATION MAY BE EXTENDED FOR AN ALLOWABLE INTERRUPTION OF
 STUDY.
   4.  CONDITIONS.  (A) AN APPLICANT WHO WOULD BE ELIGIBLE FOR A NEW YORK
 STATE TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION  SIX  HUNDRED
 SIXTY-SEVEN  OF  THIS  SUBPART  AND/OR  A FEDERAL PELL GRANT PURSUANT TO
 SECTION ONE THOUSAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES  CODE,
 ET. SEQ., IS REQUIRED TO APPLY FOR EACH SUCH AWARD.
   (B)  AN  APPLICANT WHO HAS EARNED A BACHELOR'S DEGREE IS INELIGIBLE TO
 RECEIVE AN AWARD PURSUANT TO THIS SECTION.
   (C) AN APPLICANT WHO HAS EARNED AN ASSOCIATE'S DEGREE IS INELIGIBLE TO
 RECEIVE AN AWARD FOR A TWO  YEAR  PROGRAM  OF  STUDY  PURSUANT  TO  THIS
 SECTION.
   (D)  NOTWITHSTANDING  PARAGRAPH  C  OF SUBDIVISION FOUR OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS PART, A SCHOOL SHALL CERTIFY THAT A  RECIPIENT
 HAS  ACHIEVED  THE  MINIMUM GRADE POINT AVERAGE NECESSARY FOR SUCCESSFUL
 COMPLETION OF HIS OR HER COURSEWORK TO RECEIVE PAYMENT UNDER THE AWARD.
   5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS,
 AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. This act shall be known and may be cited as the  "New  York
 state DREAM Act".
   § 2. Subdivision 3 of section 661 of the education law is REPEALED.
   § 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

 S. 2006--A                         63                         A. 3006--A
 
 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.
   § 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

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 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.
   § 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.
   § 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.
   § 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

 S. 2006--A                         65                         A. 3006--A
 
   (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
   § 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
   § 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
 law,  as  amended  by chapter 327 of the laws of 2002, the opening para-
 graph as amended by section 4 of chapter 437 of the  laws  of  2015,  is
 amended to read as follows:
   (a)  The  board  of  trustees  shall establish positions, departments,
 divisions and faculties; appoint and in accordance with  the  provisions
 of  law  fix  salaries  of instructional and non-instructional employees
 therein; establish and conduct courses and curricula;  prescribe  condi-
 tions of student admission, attendance and discharge; and shall have the
 power  to  determine  in its discretion whether tuition shall be charged
 and to regulate tuition charges, and  other  instructional  and  non-in-
 structional  fees and other fees and charges at the educational units of
 the city university. The trustees shall review  any  proposed  community
 college  tuition  increase  and the justification for such increase. The
 justification provided by the community college for such increase  shall
 include  a  detailed  analysis of ongoing operating costs, capital, debt
 service expenditures, and all revenues. The trustees shall not impose  a
 differential  tuition  charge  based  upon  need or income. All students
 enrolled in programs leading to like  degrees  at  the  senior  colleges
 shall  be  charged  a  uniform  rate of tuition, except for differential
 tuition rates  based  on  state  residency.  Notwithstanding  any  other
 provision of this paragraph, the trustees may authorize the setting of a
 separate  category  of  tuition  rate,  that  shall  be greater than the
 tuition rate for resident students and less than the  tuition  rate  for
 non-resident  students,  only for students enrolled in distance learning
 courses who are not residents of the state. The trustees  shall  further
 provide that the payment of tuition and fees by any student who is not a
 resident  of New York state, other than a non-immigrant alien within the
 meaning of paragraph (15) of subsection (a) of section 1101 of  title  8

 S. 2006--A                         66                         A. 3006--A
 
 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
 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.
   § 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

 S. 2006--A                         67                         A. 3006--A
 
 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,
 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.
   §  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.
   §  10-a. Paragraph d of subdivision 3 of section 6451 of the education
 law, as amended by chapter 494 of the laws of 2016, 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. 2006--A                         68                         A. 3006--A
 
   § 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.
   § 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:
   (a) (I) Undergraduate science and technology entry program moneys  may
 be  used  for tutoring, counseling, remedial and special summer courses,
 supplemental financial assistance,  program  administration,  and  other
 activities  which  the commissioner may deem appropriate. To be eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support,  a student must be a resident of New York [who is], OR MEET THE
 REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
 economically  disadvantaged  or from a minority group historically under
 represented in the  scientific,  technical,  health  and  health-related
 professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved, undergraduate level  program  of  study,  as  defined  by  the
 regents.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN,  AN  ALIEN  LAWFULLY  ADMITTED  FOR  PERMANENT RESIDENCE IN THE
 UNITED STATES, AN INDIVIDUAL OF A  CLASS  OF  REFUGEES  PAROLED  BY  THE
 ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
 YEARS,  GRADUATED  FROM  A  REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
 CONTINUOUSLY IN NEW YORK STATE WHILE  ATTENDING  AN  APPROVED  NEW  YORK
 STATE  HIGH  SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
 EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT,  AND
 ATTENDED  WITHIN  FIVE  YEARS  OF RECEIVING A NEW YORK STATE HIGH SCHOOL
 DIPLOMA; OR
   (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
 SCHOOL  EQUIVALENCY  DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A  GENERAL  EQUIVALENCY
 DIPLOMA,  RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON  THAT  GENERAL  EQUIVALENCY  DIPLOMA, AND ATTENDED THE INSTITUTION OF
 HIGHER EDUCATION FOR THE UNDERGRADUATE  STUDY  FOR  WHICH  AN  AWARD  IS
 SOUGHT  WITHIN  FIVE  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
 DIPLOMA; OR
   (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
 RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE

 S. 2006--A                         69                         A. 3006--A
 
 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.
   § 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
 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

 S. 2006--A                         70                         A. 3006--A
 
 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.
   §  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  SEVEN-
 TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   §  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  SEVENTEEN  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
   § 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 6 of the public officers law or  otherwise  required
 by law.
   §  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.
   §  18. This act shall take effect on the ninetieth day after the issu-
 ance of regulations and the development of an application  form  by  the
 president of the higher education services corporation or on the nineti-
 eth  day  after  it  shall  have become a law, whichever shall be later;
 provided, however, that:
   a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1)  of
 subdivision 7 of section 6206 of the education law made by section eight
 of  this act shall not affect the expiration of such paragraph and shall
 be deemed to expire therewith; when upon such  date  the  provisions  of
 section eight-a of this act shall take effect;
   b. section ten-a of this act shall take effect on the same date and in
 the same manner as chapter 494 of the laws of 2016 takes effect; and
   c.  the  president  of the higher education services corporation shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  issuance  of regulations and the development of an application form
 provided for in this section in order that the commission  may  maintain
 an  accurate  and timely effective data base of the official text of the

 S. 2006--A                         71                         A. 3006--A
 
 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 F
 
   Section  1.  The  opening paragraph of paragraph c of subdivision 3 of
 section 667 of the education law, as added by chapter 83 of the laws  of
 1995  and as relettered by section 2 of part J of chapter 58 of the laws
 of 2011, is amended to read as follows:
   In no [even] EVENT shall [shall] any award:
   § 2. Subparagraph (iii) of paragraph c of subdivision 3 of section 667
 of the education law, as added by chapter 83 of the laws of 1995 and  as
 relettered  by section 2 of part J of chapter 58 of the laws of 2011, is
 amended and a new subparagraph (iv) is added to read as follows:
   (iii) be made when income exceeds the maximum income set forth in this
 subdivision. The commissioner shall list in his  regulations  all  major
 state and federal financial aid available to New York state students and
 identify  any  forms  of aid that are duplicative of the purposes of the
 tuition assistance  program.  For  the  purposes  of  this  subdivision,
 neither United States war orphan educational benefits nor benefits under
 the  veterans'  readjustment  act of nineteen hundred sixty-six shall be
 considered as federal or other educational aid[.]; OR
   (IV) BE MADE IF THE INCREASE IN  ANNUAL  TUITION  AND  MANDATORY  FEES
 EXCEEDS THE THREE YEAR AVERAGE OF THE FINAL HIGHER EDUCATION PRICE INDEX
 FOR  THE MOST RECENTLY AVAILABLE ACADEMIC YEARS OR FIVE HUNDRED DOLLARS,
 WHICHEVER IS GREATER. NOTWITHSTANDING, STUDENTS WHO  FIRST  RECEIVED  AN
 AWARD IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR
 AND  EARLIER,  SHALL  CONTINUE TO BE ELIGIBLE FOR AN AWARD PROVIDED SUCH
 STUDENTS SATISFY THE ELIGIBILITY REQUIREMENTS.
   § 3. This act shall take effect July 1, 2018.
 
                                  PART G
 
   Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
 355  of  the education law, as amended by section 1 of part D of chapter
 54 of the laws of 2016, is amended to read as follows:
   (4) The trustees shall not impose a differential tuition charge  based
 upon  need  or  income.  Except  as  hereinafter  provided, all students
 enrolled in programs leading to like degrees  at  state-operated  insti-
 tutions  of  the  state  university  shall  be charged a uniform rate of
 tuition except for differential tuition rates based on state  residency.
 Provided, however, that the trustees may authorize the presidents of the
 colleges of technology and the colleges of agriculture and technology to
 set  differing  rates  of  tuition for each of the colleges for students
 enrolled in degree-granting programs leading to an associate degree  and
 non-degree  granting  programs  so  long  as  such tuition rate does not
 exceed the tuition rate charged to students who  are  enrolled  in  like
 degree  programs  or degree-granting undergraduate programs leading to a
 baccalaureate degree at other state-operated institutions of  the  state
 university  of  New  York.  Notwithstanding  any other provision of this
 subparagraph, the trustees may authorize the setting of a separate cate-
 gory of tuition rate, that shall be greater than the  tuition  rate  for
 resident  students  and  less  than  the  tuition  rate for non-resident
 students, only for students enrolled in distance  learning  courses  who
 are  not  residents of the state. Except as otherwise authorized in this

 S. 2006--A                         72                         A. 3006--A
 
 subparagraph, the trustees shall not  adopt  changes  affecting  tuition
 charges  prior  to  the enactment of the annual budget, provided however
 that:
   (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
 academic year and ending  in  the  two  thousand  fifteen--two  thousand
 sixteen academic year the state university of New York board of trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than three hundred dollars over the resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided however that commencing with  the  two  thousand
 eleven--two thousand twelve academic year [and each year thereafter] AND
 ENDING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR
 if  the  annual resident undergraduate rate of tuition would exceed five
 thousand dollars, then a tuition credit for each  eligible  student,  as
 determined  and  calculated  by  the  New  York  state  higher education
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  title, shall be applied toward the tuition charged for each semes-
 ter, quarter or term of study. Tuition for  each  semester,  quarter  or
 term  of study shall not be due for any student eligible to receive such
 tuition credit until  the  tuition  credit  is  calculated  and  applied
 against  the  tuition charged for the corresponding semester, quarter or
 term.
   (ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUS-
 TEES  SHALL  BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
 TUITION BY NOT MORE THAN TWO HUNDRED FIFTY  DOLLARS  OVER  THE  RESIDENT
 UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
 PRIOR ACADEMIC YEAR, PROVIDED,  HOWEVER  THAT  IF  THE  ANNUAL  RESIDENT
 UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
 TUITION  CREDIT  FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
 BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO
 SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
 THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
 FOR  EACH  SEMESTER,  QUARTER  OR TERM OF STUDY SHALL NOT BE DUE FOR ANY
 STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
 IS CALCULATED AND APPLIED AGAINST THE TUITION  CHARGED  FOR  THE  CORRE-
 SPONDING  SEMESTER, QUARTER OR TERM.  PROVIDED, FURTHER THAT THE REVENUE
 RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED  TO
 EACH  CAMPUS  PURSUANT  TO  A  PLAN APPROVED BY THE BOARD OF TRUSTEES TO
 SUPPORT INVESTMENTS IN  FACULTY,  INSTRUCTION,  INITIATIVES  TO  IMPROVE
 STUDENT  SUCCESS  AND  ON-TIME  COMPLETION AND A TUITION CREDIT FOR EACH
 ELIGIBLE STUDENT.
   (III)  On  or  before  November  thirtieth,  two   thousand   [eleven]
 SEVENTEEN,  the  trustees  shall approve and submit to the chairs of the
 assembly ways and means committee and the senate finance  committee  and
 to  the  director  of the budget a master tuition plan setting forth the
 tuition rates that  the  trustees  propose  for  resident  undergraduate
 students  for  the  five  year  period  commencing with the two thousand
 [eleven] SEVENTEEN--two thousand [twelve]  EIGHTEEN  academic  year  and
 ending  in  the two thousand [fifteen] TWENTY-ONE-two thousand [sixteen]
 TWENTY-TWO academic year, and shall submit any  proposed  amendments  to
 such  plan  by  November  thirtieth  of  each subsequent year thereafter
 through November  thirtieth,  two  thousand  [fifteen]  TWENTY-ONE,  and
 provided  further, that with the approval of the board of trustees, each
 university center may increase non-resident undergraduate tuition  rates

 S. 2006--A                         73                         A. 3006--A
 
 each  year  by  not  more than ten percent over the tuition rates of the
 prior academic year for a six year period commencing with the two  thou-
 sand  eleven--two  thousand  twelve  academic year and ending in the two
 thousand sixteen--two thousand seventeen academic year.
   [(iii)]  (IV)  Beginning  in state fiscal year two thousand twelve-two
 thousand thirteen and ending in state fiscal year two thousand  fifteen-
 -two  thousand  sixteen,  the state shall appropriate and make available
 general fund operating support, including fringe benefits, for the state
 university in an amount not less than the amount appropriated  and  made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support  for operating expenses at the state university and city univer-
 sity may be reduced in a manner proportionate to one  another,  and  the
 aforementioned provisions shall not apply.
   [(iv)]  (V) For the state university fiscal years commencing two thou-
 sand eleven--two thousand twelve and ending  two  thousand  fifteen--two
 thousand  sixteen, each university center may set aside a portion of its
 tuition revenues derived from tuition  increases  to  provide  increased
 financial  aid  for New York state resident undergraduate students whose
 net taxable income is eighty thousand dollars or  more  subject  to  the
 approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
 of the state university of New York. Nothing in this paragraph shall  be
 construed  as  to  authorize  that  students whose net taxable income is
 eighty thousand dollars or more  are  eligible  for  tuition  assistance
 program awards pursuant to section six hundred sixty-seven of this chap-
 ter.
   §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
 law, as amended by section 2 of part D of chapter  54  of  the  laws  of
 2016, is amended to read as follows:
   (a)  The  board  of  trustees  shall establish positions, departments,
 divisions and faculties; appoint and in accordance with  the  provisions
 of  law  fix  salaries  of instructional and non-instructional employees
 therein; establish and conduct courses and curricula;  prescribe  condi-
 tions of student admission, attendance and discharge; and shall have the
 power  to  determine  in its discretion whether tuition shall be charged
 and to regulate tuition charges, and  other  instructional  and  non-in-
 structional  fees and other fees and charges at the educational units of
 the city university. The trustees shall review  any  proposed  community
 college  tuition  increase  and the justification for such increase. The
 justification provided by the community college for such increase  shall
 include  a  detailed  analysis of ongoing operating costs, capital, debt
 service expenditures, and all revenues. The trustees shall not impose  a
 differential  tuition  charge  based  upon  need or income. All students
 enrolled in programs leading to like  degrees  at  the  senior  colleges
 shall  be  charged  a  uniform  rate of tuition, except for differential
 tuition rates  based  on  state  residency.  Notwithstanding  any  other
 provision of this paragraph, the trustees may authorize the setting of a
 separate  category  of  tuition  rate,  that  shall  be greater than the
 tuition rate for resident students and less than the  tuition  rate  for
 non-resident  students,  only for students enrolled in distance learning
 courses who are not residents of the state; provided, however, that:
   (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
 academic  year  and  ending  in  the  two thousand fifteen--two thousand
 sixteen academic year, the city university of New York board of trustees
 shall be empowered  to  increase  the  resident  undergraduate  rate  of

 S. 2006--A                         74                         A. 3006--A
 
 tuition  by not more than three hundred dollars over the resident under-
 graduate rate of tuition adopted by the board of trustees in  the  prior
 academic  year,  provided  however that commencing with the two thousand
 eleven--two  thousand  twelve  academic  year and [each year thereafter]
 ENDING WITH THE TWO THOUSAND SIXTEEN--TWO  THOUSAND  SEVENTEEN  ACADEMIC
 YEAR  if  the annual resident undergraduate rate of tuition would exceed
 five thousand dollars, then a tuition credit for each eligible  student,
 as  determined  and  calculated  by  the New York state higher education
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  chapter,  shall  be  applied  toward  the tuition charged for each
 semester, quarter or term of study. Tuition for each  semester,  quarter
 or  term  of  study shall not be due for any student eligible to receive
 such tuition credit until the tuition credit is calculated  and  applied
 against  the  tuition charged for the corresponding semester, quarter or
 term.
   (ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUS-
 TEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE  RATE  OF
 TUITION  BY  NOT  MORE  THAN TWO HUNDRED FIFTY DOLLARS OVER THE RESIDENT
 UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF  TRUSTEES  IN  THE
 PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDER-
 GRADUATE  RATE  OF  TUITION  WOULD  EXCEED FIVE THOUSAND DOLLARS, THEN A
 TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED  AND  CALCULATED
 BY  THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO
 SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
 THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
 FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT  BE  DUE  FOR  ANY
 STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
 IS  CALCULATED  AND  APPLIED  AGAINST THE TUITION CHARGED FOR THE CORRE-
 SPONDING SEMESTER, QUARTER OR TERM.  PROVIDED, FURTHER THAT THE  REVENUE
 RESULTING  FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO
 EACH CAMPUS PURSUANT TO A PLAN APPROVED BY  THE  BOARD  OF  TRUSTEES  TO
 SUPPORT  INVESTMENTS  IN  FACULTY,  INSTRUCTION,  INITIATIVES TO IMPROVE
 STUDENT SUCCESS AND ON-TIME COMPLETION AND A  TUITION  CREDIT  FOR  EACH
 ELIGIBLE STUDENT.
   (III)   On   or  before  November  thirtieth,  two  thousand  [eleven]
 SEVENTEEN, the trustees shall approve and submit to the  chairs  of  the
 assembly  ways  and means committee and the senate finance committee and
 to the director of the budget a master tuition plan  setting  forth  the
 tuition  rates  that  the  trustees  propose  for resident undergraduate
 students for the five year  period  commencing  with  the  two  thousand
 [eleven]  SEVENTEEN--two  thousand  [twelve]  EIGHTEEN academic year and
 ending in the two thousand [fifteen] TWENTY-ONE--two thousand  [sixteen]
 TWENTY-TWO  academic  year,  and shall submit any proposed amendments to
 such plan by November  thirtieth  of  each  subsequent  year  thereafter
 through November thirtieth, two thousand [fifteen] TWENTY-ONE.
   [(iii)]  (IV)  Beginning in state fiscal year two thousand twelve--two
 thousand thirteen and ending in state fiscal year two thousand  fifteen-
 -two  thousand  sixteen,  the state shall appropriate and make available
 state support for operating expenses, including fringe benefits, for the
 city university in an amount not less than the amount  appropriated  and
 made  available  in the prior state fiscal year; provided, however, that
 if the governor declares a fiscal emergency, and communicates such emer-
 gency to the temporary president of the senate and speaker of the assem-
 bly, state support for operating expenses of the  state  university  and

 S. 2006--A                         75                         A. 3006--A
 
 city university may be reduced in a manner proportionate to one another,
 and the aforementioned provisions shall not apply.
   §  3.  Section  359  of  the  education law is amended by adding a new
 subdivision 6 to read as follows:
   6. THE STATE UNIVERSITY TRUSTEES SHALL  ANNUALLY  REPORT  ON  HOW  THE
 REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
 TO  IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT FINANCIAL
 ASSISTANCE FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE  TRUSTEES
 SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
   §  4.  Section  6206  of  the education law is amended by adding a new
 subdivision 19 to read as follows:
   19. THE CITY UNIVERSITY TRUSTEES SHALL  ANNUALLY  REPORT  ON  HOW  THE
 REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
 TO  IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT FINANCIAL
 ASSISTANCE FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE  TRUSTEES
 SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
   § 5. Section 16 of chapter 260 of the laws of 2011 amending the educa-
 tion law and the New York state urban development corporation act relat-
 ing  to  establishing  components  of  the  NY-SUNY 2020 challenge grant
 program, as amended by section 5 of part D of chapter 54 of the laws  of
 2016, is amended to read as follows:
   §  16. This act shall take effect July 1, 2011; provided that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen of this act shall expire [6] 11 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and  provided  further  that  sections  fourteen and fifteen of this act
 shall expire 5 years after such effective date when upon such  date  the
 provisions of this act shall be deemed repealed.
   §  6. This act shall take effect immediately; provided that the amend-
 ments to subparagraph 4 of paragraph h of subdivision 2 of  section  355
 of  the education law made by section one of this act and the amendments
 to paragraph (a) of subdivision 7 of section 6206 of the  education  law
 made  by section two of this act shall not affect the expiration of such
 provisions and shall be deemed to expire therewith.
 
                                  PART H
 
   Section 1. Section 6221 of the education law is amended  by  adding  a
 new subdivision F to read as follows:
   F.  FOUNDATION  CONTRIBUTIONS  TO  THE CITY UNIVERSITY OF NEW YORK. 1.
 NOTWITHSTANDING ANY OTHER LAW,  RULE  OR  REGULATION  TO  THE  CONTRARY,
 COMMENCING IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC
 YEAR AND EACH ACADEMIC YEAR THEREAFTER, THE TRUSTEES OF THE CITY UNIVER-
 SITY  OF  NEW YORK SHALL ANNUALLY COLLECT FROM EACH AFFILIATED NONPROFIT
 ORGANIZATION AND FOUNDATION AN AMOUNT EQUAL TO TEN PERCENT OF THE ANNUAL
 REVENUE RECEIVED BY EACH AFFILIATED NONPROFIT ORGANIZATION OR FOUNDATION
 IN THE PREVIOUS ACADEMIC YEAR. THE  FUNDS  COLLECTED  PURSUANT  TO  THIS
 SUBDIVISION SHALL BE UTILIZED TO FUND TUITION ASSISTANCE INITIATIVES FOR
 STUDENTS IN NEED ATTENDING THE CITY UNIVERSITY OF NEW YORK.
   2.  AS USED WITHIN THIS SUBDIVISION "AFFILIATED NONPROFIT ORGANIZATION
 OR FOUNDATION" MEANS AN ORGANIZATION  OR  FOUNDATION  FORMED  UNDER  THE
 NOT-FOR-PROFIT  CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENE-
 FIT OF OR CONTROLLED BY THE CITY UNIVERSITY OF NEW YORK OR  ITS  RESPEC-
 TIVE  UNIVERSITIES,  COLLEGES,  COMMUNITY COLLEGES, CAMPUSES OR SUBDIVI-
 SIONS, INCLUDING THE RESEARCH FOUNDATION OF THE CITY UNIVERSITY  OF  NEW
 YORK,  TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR PROVIDING A DIRECT

 S. 2006--A                         76                         A. 3006--A
 
 BENEFIT TO,  THE  RESPECTIVE  UNIVERSITY,  COLLEGE,  COMMUNITY  COLLEGE,
 CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE, THAT HAS CONTROL OF,
 MANAGES  OR  RECEIVES FIFTY THOUSAND DOLLARS OR MORE ANNUALLY, INCLUDING
 ALUMNI  ASSOCIATIONS.  FOR  THE  PURPOSES OF THIS SUBDIVISION, THIS TERM
 DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED SOLELY OF ENROLLED
 STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A STUDENT OBJECTIVE.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Subdivision (c) of section 609  of  the  limited  liability
 company  law, as added by chapter 537 of the laws of 2014, is amended to
 read as follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as determined as of the beginning of the period during which the  unpaid
 services  referred  to  in this section are performed, of every DOMESTIC
 limited liability company AND EVERY FOREIGN LIMITED  LIABILITY  COMPANY,
 shall jointly and severally be personally liable for all debts, wages or
 salaries  due  and  owing to any of its laborers, servants or employees,
 for services performed by  them  for  such  limited  liability  company.
 Before  such  laborer,  servant or employee shall charge such member for
 such services, he or she shall give notice in  writing  to  such  member
 that  he  or  she intends to hold such member liable under this section.
 Such notice shall be given within one hundred eighty days  after  termi-
 nation  of  such  services. An action to enforce such liability shall be
 commenced within ninety days after the return of an  execution  unsatis-
 fied against [the] SUCH limited liability company upon a judgment recov-
 ered  against  it for such services. A member who has paid more than his
 or her pro rata share under this section shall be entitled  to  contrib-
 ution  pro  rata  from  the other members liable under this section with
 respect to the excess so paid, over and above his or her pro rata share,
 and may sue them jointly or severally or any number of them  to  recover
 the amount due from them. Such recovery may be had in a separate action.
 As  used in this subdivision, "pro rata" means in proportion to percent-
 age ownership interest. Before a  member  may  claim  contribution  from
 other  members  under  this section, he or she shall give them notice in
 writing that he or she intends to hold them so liable to him or her.
   § 2. Subdivision 1 of section 196 of  the  labor  law  is  amended  by
 adding a new paragraph f to read as follows:
   F.  WHEN  AN  EMPLOYER  IS A CORPORATION OR LIMITED LIABILITY COMPANY,
 INCLUDING FOREIGN AS WELL AS DOMESTIC, THE COMMISSIONER'S DUTIES, POWERS
 AND AUTHORITY SHALL INCLUDE THE FOLLOWING WITH RESPECT TO THE TEN  LARG-
 EST  SHAREHOLDERS,  WITHIN  THE MEANING OF SECTION SIX HUNDRED THIRTY OF
 THE BUSINESS CORPORATION LAW,  OR  THE  TEN  MEMBERS  WITH  THE  LARGEST
 PERCENTAGE OWNERSHIP INTEREST, WITHIN THE MEANING OF SECTION SIX HUNDRED
 NINE OF THE LIMITED LIABILITY COMPANY LAW, IN CONNECTION WITH AN ASSIGN-
 MENT,  INVESTIGATION, PROCEEDING, ORDER, OR JUDGMENT UNDER THIS ARTICLE,
 UNDER SECTION TWO HUNDRED FIFTEEN,  OR  UNDER  ARTICLE  EIGHT,  EIGHT-A,
 NINE, NINETEEN, NINETEEN-A OR TWENTY-FIVE-A OF THIS CHAPTER:
   (I)  TO  ORDER  THE EMPLOYER TO IDENTIFY SUCH SHAREHOLDERS AND MEMBERS
 AND, IF THE EMPLOYER SHALL FAIL TO IDENTIFY SUCH SHAREHOLDERS WITHIN TEN
 DAYS AFTER AN ORDER UNDER THIS SUBPARAGRAPH, TO BRING AN ACTION  IN  THE
 NAME  AND  ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK AGAINST SUCH
 EMPLOYER IN THE SUPREME COURT TO COMPEL SUCH EMPLOYER TO  IDENTIFY  SUCH

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 SHAREHOLDERS  AND  MEMBERS  AND  PAY A CIVIL PENALTY OF NO MORE THAN TEN
 THOUSAND DOLLARS;
   (II)  TO SERVE WRITTEN NOTICES ON SUCH SHAREHOLDERS AND MEMBERS PURSU-
 ANT TO SECTION SIX HUNDRED THIRTY OF THE BUSINESS  CORPORATION  LAW  AND
 SECTION SIX HUNDRED NINE OF THE LIMITED LIABILITY COMPANY LAW, ON BEHALF
 OF LABORERS, SERVANTS OR EMPLOYEES, WITHIN THE TIME PERIOD PRESCRIBED BY
 THOSE SECTIONS, WHICH TIME PERIOD SHALL BE TOLLED DURING THE COMMISSION-
 ER'S INVESTIGATION; AND
   (III)  TO NAME SUCH SHAREHOLDERS AND MEMBERS IN ANY ORDER OR JUDGEMENT
 WITHIN THE SCOPE OF THIS PARAGRAPH AND TO  HOLD  SUCH  SHAREHOLDERS  AND
 MEMBERS  JOINTLY  AND  SEVERALLY  LIABLE FOR ALL WAGES, PAY, AND COMPEN-
 SATION, TOGETHER WITH INTEREST ASSESSED UNDER  THIS  CHAPTER,  FROM  THE
 DATE  OF  ANY WRITTEN NOTICE PURSUANT TO SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH, WHICH ORDERS AND JUDGMENTS MAY BE ENFORCED AS PROVIDED FOR  UNDER
 THIS  CHAPTER,  IN  LIEU  OF ACTIONS COMMENCED UNDER SECTION SIX HUNDRED
 THIRTY OF THE BUSINESS CORPORATION LAW AND SECTION SIX HUNDRED  NINE  OF
 THE LIMITED LIABILITY COMPANY LAW.
   §  3.  This  act shall take effect immediately with respect to liabil-
 ities owed to laborers, servants or employees  whose  services  had  not
 been terminated more than one hundred eighty days prior to the effective
 date of this act.
 
                                  PART J
 
   Section 1. The criminal procedure law is amended by adding a new arti-
 cle 722 to read as follows:
                                ARTICLE 722
      PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
                        PART AND RELATED PROCEDURES
 SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
         722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
         722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
 § 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.   THE JUVENILE MAY, AT HIS OR HER DISCRETION OR
 AT THE DISCRETION OF THEIR PARENT OR OTHER  PERSON  LEGALLY  RESPONSIBLE
 FOR  THE  CARE  OF  THE  JUVENILE,  BE ACCOMPANIED BY COUNSEL DURING THE
 ASSESSMENT.  BASED UPON THE ASSESSMENT FINDINGS, THE  PROBATION  DEPART-
 MENT  SHALL  REFER  THE  JUVENILE TO AVAILABLE SPECIALIZED AND EVIDENCE-
 BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO ADDRESS  INDIVID-
 UAL 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

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 ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
 SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
 ATTENDANCE,  WHERE  APPLICABLE.  FOLLOWING  THE  JUVENILE'S   SUCCESSFUL
 COMPLETION  OF  THE  CONDITIONS OF HIS OR HER CASE PLAN, THE COURT, WITH
 THE CONSENT OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT  OR  ANY
 COUNT THEREOF IN ACCORDANCE WITH SECTION 210.40 OF THIS CHAPTER.
   4.  WHEN  PREPARING  A  PRE-SENTENCE  INVESTIGATION REPORT OF ANY SUCH
 YOUTH, THE PROBATION DEPARTMENT  SHALL  INCORPORATE  A  SUMMARY  OF  THE
 ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
 ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
   5.  THE  PROBATION SERVICE SHALL NOT TRANSMIT OR OTHERWISE COMMUNICATE
 TO THE DISTRICT ATTORNEY OR THE YOUTH PART ANY  STATEMENT  MADE  BY  THE
 JUVENILE OFFENDER TO A PROBATION OFFICER. HOWEVER, THE PROBATION SERVICE
 MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
 PLAN TO THE YOUTH PART AND PROVIDE SUCH INFORMATION  AS  IT  SHALL  DEEM
 RELEVANT.
   6.  NO  STATEMENT  MADE  TO  THE PROBATION SERVICE DURING THE RISK AND
 NEEDS ASSESSMENT OR WHILE THE JUVENILE OFFENDER IS FOLLOWING HIS OR  HER
 CASE  PLAN  MAY  BE ADMITTED INTO EVIDENCE AT A FACT- FINDING HEARING AT
 ANY TIME PRIOR TO A CONVICTION.
 § 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
 IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES  CRIMINAL
 JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
 RIOR  COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES PRESID-
 ING IN THE YOUTH PART  SHALL  RECEIVE  TRAINING  IN  SPECIALIZED  AREAS,
 INCLUDING,  BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT
 AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
 CENTS.  THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF   ALL
 PROCEEDINGS  IN  RELATION  TO  JUVENILE OFFENDERS, EXCEPT AS PROVIDED IN
 SECTION 180.75 OF THIS CHAPTER.
 § 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
   1. WHEN A JUVENILE OFFENDER IS ARRAIGNED  BEFORE  A  YOUTH  PART,  THE
 PROVISIONS  OF  THIS  SECTION  SHALL  APPLY. IF THE YOUTH PART IS NOT IN
 SESSION, THE DEFENDANT SHALL  BE  BROUGHT  BEFORE  THE  MOST  ACCESSIBLE
 MAGISTRATE  DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT TO
 ACT AS A YOUTH PART FOR THE PURPOSE OF MAKING  A  DETERMINATION  WHETHER
 SUCH  JUVENILE  SHALL  BE  DETAINED.  IF  THE DEFENDANT IS ORDERED TO BE
 DETAINED, HE OR SHE SHALL BE BROUGHT BEFORE  THE  NEXT  SESSION  OF  THE
 YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED
 TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART.
   2.  IF  THE  DEFENDANT WAIVES A HEARING UPON THE FELONY COMPLAINT, THE
 COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE  GRAND
 JURY  WITH  RESPECT  TO  THE  CHARGE  OR CHARGES CONTAINED IN THE FELONY
 COMPLAINT.
   3. IF THERE BE A HEARING, THEN AT THE CONCLUSION OF THE  HEARING,  THE
 COURT MUST DISPOSE OF THE FELONY COMPLAINT AS FOLLOWS:
   (A)  IF  THERE  IS  A  REASONABLE  CAUSE TO BELIEVE THAT THE DEFENDANT
 COMMITTED A CRIME FOR WHICH A PERSON UNDER  THE  AGE  OF  SEVENTEEN,  OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN  IS  CRIMINALLY  RESPONSIBLE,  THE  COURT  MUST  ORDER THAT THE
 DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR
   (B) IF THERE IS NOT REASONABLE CAUSE TO  BELIEVE  THAT  THE  DEFENDANT
 COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN IS CRIMINALLY RESPONSIBLE BUT  THERE  IS  REASONABLE  CAUSE  TO

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

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   (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
   (III)  THE  EVIDENCE  OF  GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT
 TRIAL;
   (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT;
   (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT  A  SENTENCE
 AUTHORIZED FOR THE OFFENSE;
   (VI)  THE  IMPACT  OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE
 SAFETY OR WELFARE OF THE COMMUNITY;
   (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE
 CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM;
   (VIII) WHERE THE COURT DEEMS  IT  APPROPRIATE,  THE  ATTITUDE  OF  THE
 COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
   (IX)  ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
 IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
   (D) FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER  TO  REMOVE  THE
 CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS
 NOT  LEGALLY  PRIVILEGED  MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES,
 HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM  OR  HER  IN  ANY
 FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE
 PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
   (E)  THIS  SECTION  SHALL  NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
 GRAND JURY.
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO, THREE,  OR  FOUR
 OF  THIS SECTION, IF A CURRENTLY UNDETERMINED FELONY COMPLAINT AGAINST A
 JUVENILE OFFENDER IS PENDING IN THE YOUTH PART, AND  THE  DEFENDANT  HAS
 NOT  WAIVED  A HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND A
 HEARING PURSUANT TO SUBDIVISION THREE HAS NOT COMMENCED,  THE  DEFENDANT
 MAY  MOVE  IN  THE YOUTH PART, TO REMOVE THE ACTION TO FAMILY COURT. THE
 PROCEDURAL RULES OF SUBDIVISIONS ONE AND TWO OF SECTION 210.45  OF  THIS
 CHAPTER  ARE  APPLICABLE  TO A MOTION PURSUANT TO THIS SUBDIVISION. UPON
 SUCH MOTION, THE SUPERIOR COURT SHALL PROCEED AND DETERMINE  THE  MOTION
 AS  PROVIDED  IN SECTION 210.43 OF THIS CHAPTER; PROVIDED, HOWEVER, THAT
 THE EXCEPTION PROVISIONS OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  SUCH
 SECTION  210.43  SHALL  NOT  APPLY WHEN THERE IS NOT REASONABLE CAUSE TO
 BELIEVE THAT THE JUVENILE OFFENDER COMMITTED ONE OR MORE OF  THE  CRIMES
 ENUMERATED  IN SUCH PARAGRAPH, AND IN SUCH EVENT THE PROVISIONS OF PARA-
 GRAPH (A) OF SUCH PARAGRAPH SHALL APPLY.
   § 2. The opening paragraph and subdivisions 2 and 3 of section  725.05
 of  the  criminal  procedure law, as added by chapter 481 of the laws of
 1978, are amended to read as follows:
   When a [court] YOUTH PART directs that an action or charge  is  to  be
 removed  to  the family court the [court] YOUTH PART must issue an order
 of removal in accordance with this section.    Such  order  must  be  as
 follows:
   2.    Where  the  direction is authorized pursuant to paragraph (b) of
 subdivision  [three]  TWO   of   section   [180.75]   725.20   of   this
 [chapter]ARTICLE,  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.
   § 3. Section 725.20 of the criminal procedure law, as added by chapter
 481  of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411
 of the laws of 1979, is amended to read as follows:
 § 725.20  Record of certain actions removed.

 S. 2006--A                         81                         A. 3006--A
 
   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
 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.
   §  4. The article heading of article 100 of the criminal procedure law
 is amended to read as follows:
                      COMMENCEMENT OF ACTION IN LOCAL
         CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                  CRIMINAL COURT] ACCUSATORY INSTRUMENTS

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   § 5. The first undesignated paragraph of section 100.05 of the  crimi-
 nal procedure law is amended to read as follows:
   A  criminal action is commenced by the filing of an accusatory instru-
 ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER,  THE
 YOUTH  PART  OF THE SUPERIOR COURT, and if more than one such instrument
 is filed in  the  course  of  the  same  criminal  action,  such  action
 commences  when the first of such instruments is filed.  The only way in
 which a criminal action can be commenced in a superior court, OTHER THAN
 A CRIMINAL ACTION AGAINST A JUVENILE OFFENDER, is by the  filing  there-
 with  by a grand jury of an indictment against a defendant who has never
 been held by a local criminal court for the action of  such  grand  jury
 with  respect  to any charge contained in such indictment.  Otherwise, a
 criminal action can be commenced only in a local criminal court, by  the
 filing  therewith of a local criminal court accusatory instrument, name-
 ly:
   § 6. The section heading and subdivision 5 of section  100.10  of  the
 criminal procedure law are amended to read as follows:
   Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
 instruments; definitions thereof.
   5.  A "felony complaint" is a verified written accusation by a person,
 filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR  COURT,
 charging  one  or  more other persons with the commission of one or more
 felonies.   It serves as a basis for  the  commencement  of  a  criminal
 action, but not as a basis for prosecution thereof.
   §  7.  The section heading of section 100.40 of the criminal procedure
 law is amended to read as follows:
   Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
 instruments; sufficiency on face.
   §  8.  The  criminal  procedure law is amended by adding a new section
 100.60 to read as follows:
 § 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.
   § 9. The article heading of article 110 of the criminal procedure  law
 is amended to read as follows:
                     REQUIRING DEFENDANT'S APPEARANCE
          IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                              FOR ARRAIGNMENT
   §  10. Section 110.10 of the criminal procedure law is amended to read
 as follows:
 § 110.10  Methods of requiring defendant's appearance in local  criminal
              court  OR YOUTH PART OF THE SUPERIOR COURT for arraignment;
              in general.
   1. After a criminal action has been  commenced  in  a  local  criminal
 court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
 instrument  therewith,  a  defendant  who  has not been arraigned in the
 action and has not come under the control of the court may under certain
 circumstances be compelled or required to appear  for  arraignment  upon
 such accusatory instrument by:
   (a)  The issuance and execution of a warrant of arrest, as provided in
 article one hundred twenty; or
   (b)    The  issuance and service upon him of a summons, as provided in
 article one hundred thirty; or

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   (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.
   § 11. Section 110.20 of the criminal  procedure  law,  as  amended  by
 chapter 843 of the laws of 1980, is amended to read as follows:
 § 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.
   §  12. The opening paragraph of subdivision 1 of section 120.20 of the
 criminal procedure law, as amended by chapter 506 of the laws  of  2000,
 is amended to read as follows:
   When a criminal action has been commenced in a local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
 ry  instrument,  other  than a simplified traffic information, against a
 defendant who has not been arraigned upon such accusatory instrument and
 has not come under the control of the court with respect thereto:
   § 13. Section 120.30 of the criminal procedure law is amended to  read
 as follows:
 §  120.30  Warrant of arrest; by what courts issuable and in what courts
              returnable.
   1.  A warrant of arrest may be issued only by the local criminal court
 OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
 instrument has been filed, and it may be made returnable in such issuing
 court only.
   2.  The particular local criminal court or courts OR YOUTH PART OF THE
 SUPERIOR COURT with which any particular local criminal court  OR  YOUTH
 PART  OF  THE  SUPERIOR COURT accusatory instrument may be filed for the
 purpose of obtaining a warrant of arrest are determined,  generally,  by
 the provisions of section 100.55 OR 100.60 OF THIS TITLE. 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 accusatory instrument may be filed with the town court of
 any adjoining town of the same county.  If such instrument may be  filed

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 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.
   § 14. Section 120.55 of the criminal  procedure  law,  as  amended  by
 section  71 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
 § 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.
   § 15. Subdivision 1 of section 120.70 of the criminal procedure law is
 amended to read as follows:
   1.  A warrant of arrest issued by a district court, by  the  New  York
 City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
 court  judge  sitting as a local criminal court may be executed anywhere
 in the state.
   § 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure
 law, subdivision 1 as amended by  chapter  492  of  the  laws  of  2016,
 section 6 as amended by chapter 424 of the laws of 1998, are amended and
 a new subdivision 5-a is added to read as follows:
   1. Upon arresting a defendant for any offense pursuant to a warrant of
 arrest  in  the  county  in  which  the  warrant is returnable or in any
 adjoining county, or upon so arresting him or her for a  felony  in  any
 other  county, a police officer, if he or she 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, provided that, where a local criminal  court
 OR  YOUTH  PART OF THE SUPERIOR COURT in the county in which the warrant
 is returnable hereunder  is  operating  an  off-hours  arraignment  part
 designated  in  accordance  with  paragraph  (w)  of  subdivision one of
 section two hundred twelve of the judiciary law at the time  of  defend-
 ant's  return,  such  police officer may bring the defendant before such
 local criminal court OR YOUTH PART OF THE SUPERIOR COURT.
   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

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 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.
   § 17. Subdivision 1 of section 130.10 of the criminal  procedure  law,
 as  amended  by  chapter  446 of the laws of 1993, is amended to read as
 follows:
   1. A summons is a process issued by a local criminal court directing a
 defendant designated in an information, a  prosecutor's  information,  a
 felony  complaint or a misdemeanor complaint filed with such court, OR A
 YOUTH PART OF A SUPERIOR COURT DIRECTING A  DEFENDANT  DESIGNATED  IN  A
 FELONY  COMPLAINT,  or  by a superior court directing a defendant desig-
 nated in an indictment filed with such court, to appear before it  at  a
 designated  future  time  in connection with such accusatory instrument.
 The sole function of a summons is to achieve a defendant's court appear-
 ance in a criminal action for the purpose of arraignment upon the  accu-
 satory instrument by which such action was commenced.
   §  18.  Section  130.30  of  the criminal procedure law, as amended by
 chapter 506 of the laws of 2000, is amended to read as follows:
 § 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.
   § 19. Paragraph (e) of subdivision 1 of section 140.20 of the criminal
 procedure law is relettered paragraph (f) and a  new  paragraph  (e)  is
 added to read as follows:
   (E)  IF  THE  ARREST  IS  FOR  A PERSON UNDER THE AGE OF SEVENTEEN OR,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   § 20. Subdivision 6 of section 140.20 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:
   6. Upon arresting a juvenile offender without a  warrant,  the  police
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his OR HER care or the person with whom  he  OR  SHE  is
 domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
 location of the facility where he OR SHE is being detained. IF THE OFFI-
 CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A

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

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

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   §  26.  Subdivision 1 of section 180.75 of the criminal procedure law,
 as added by chapter 481 of the laws of  1978,  is  amended  to  read  as
 follows:
   1.  When  a  juvenile  offender  is arraigned before [a local criminal
 court] THE YOUTH PART OF A  SUPERIOR  COURT,  the  provisions  of  [this
 section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in
 lieu  of  the  provisions  of sections 180.30, 180.50 and 180.70 of this
 article.
   § 27. The opening paragraph of section 180.80 of the  criminal  proce-
 dure  law,  as amended by chapter 556 of the laws of 1982, is amended to
 read as follows:
   Upon application of a defendant against whom a  felony  complaint  has
 been  filed  with a local criminal court OR THE YOUTH PART OF A SUPERIOR
 COURT, and who, since the time of his arrest or subsequent thereto,  has
 been  held  in custody pending disposition of such felony complaint, and
 who has been confined in such custody for a  period  of  more  than  one
 hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
 holiday occurs during such custody, one hundred forty-four hours,  with-
 out  either  a  disposition of the felony complaint or commencement of a
 hearing thereon, the [local criminal] court must release him on his  own
 recognizance unless:
   §  28.  Subdivisions  (a)  and  (b)  of section 190.71 of the criminal
 procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
 2007  and  subdivision  (b) as added by chapter 481 of the laws of 1978,
 are amended to read as follows:
   (a) Except as provided in subdivision six of section  200.20  of  this
 chapter,  a grand jury may not indict (i) a person thirteen years of age
 for any conduct or crime other than conduct constituting a crime defined
 in subdivisions one and two of section  125.25  (murder  in  the  second
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
 [or], fifteen, SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 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 TWENTY,

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 SEVENTEEN YEARS OF AGE FOR ANY  CONDUCT  OR  CRIME  OTHER  THAN  CONDUCT
 CONSTITUTING  AN  OFFENSE  SET  FORTH  IN THE VEHICLE AND TRAFFIC LAW; A
 VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; A  CRIME  THAT
 IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
 REQUIRE,  AS  AN  ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
 YEARS OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF  THE
 PENAL  LAW:  SECTION  120.03  (VEHICULAR  ASSAULT IN THE SECOND DEGREE);
 120.04 (VEHICULAR ASSAULT IN THE  FIRST  DEGREE);  120.04-A  (AGGRAVATED
 VEHICULAR  ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE);  125.11
 (AGGRAVATED   CRIMINALLY   NEGLIGENT   HOMICIDE);   125.12    (VEHICULAR
 MANSLAUGHTER  IN  THE  SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN
 THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15
 (MANSLAUGHTER  IN  THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST
 DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND  DEGREE);  125.22
 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL
 ABUSE  IN  THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A
 CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING  WITH  A  WITNESS  IN  THE
 THIRD  DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON
 IS TAMPERING IS ONE FOR WHICH SUCH  PERSON  IS  CRIMINALLY  RESPONSIBLE;
 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE
 CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
 SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A  WITNESS
 IN  THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; SUBDIVISION ONE OF SECTION 215.52 (AGGRAVATED  CRIMINAL  CONTEMPT);
 130.95  (PREDATORY  SEXUAL  ASSAULT);  220.18  (CRIMINAL POSSESSION OF A
 CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL  POSSESSION
 OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF
 A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A
 CONTROLLED  SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR
 TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL
 POSSESSION OF A CHEMICAL WEAPON OR A  BIOLOGICAL  WEAPON  IN  THE  FIRST
 DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A
 BIOLOGICAL  WEAPON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED
 OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF  THE  PENAL  LAW
 WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC-
 IFIED  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 RESPON-
 SIBLE.
   (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 TWENTY, 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 TWENTY, SEVEN-
 TEEN,    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.

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   §  29.  Subdivision 6 of section 200.20 of the criminal procedure law,
 as added by chapter 136 of the laws of  1980,  is  amended  to  read  as
 follows:
   6.  Where an indictment charges at least one offense against a defend-
 ant who was under the age of [sixteen] SEVENTEEN, OR COMMENCING  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY, 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.
   §  30.  The  opening  paragraph  of subdivision 1 and subdivision 5 of
 section 210.43 of the criminal procedure law, as added by chapter 411 of
 the laws of 1979, are amended to read as follows:
   After [a motion by a juvenile offender, pursuant to  subdivision  five
 of  section  180.75 of this chapter, or after] arraignment of a juvenile
 offender upon an indictment, the superior court may, on  motion  of  any
 party or on its own motion:
   [5.  a.  If the court orders removal of the action to family court, it
 shall state on the record the factor or factors upon which its  determi-
 nation  is  based,  and, the court shall give its reasons for removal in
 detail and not in conclusory terms.
   b.  The district attorney shall state upon the record the reasons  for
 his  consent  to removal of the action to the family court.  The reasons
 shall be stated in detail and not in conclusory terms.]
   § 31. Subparagraphs (i) and (iii) of paragraph (g) of subdivision 5 of
 section 220.10 of  the  criminal  procedure  law,  subparagraph  (i)  as
 amended  by  chapter  410  of the laws of 1979 and subparagraph (iii) as
 amended by chapter 264 of the laws of  2003,  are  amended  to  read  as
 follows:
   (i)  If  the  indictment  charges  a  person fourteen [or], fifteen OR
 SIXTEEN, OR COMMENCING JANUARY FIRST,  TWO  THOUSAND  TWENTY,  SEVENTEEN
 years  old  with  the  crime  of murder in the second degree any plea of
 guilty entered pursuant to subdivision three or four must be a  plea  of
 guilty of a crime for which the defendant is criminally responsible;
   (iii)  Where  the  indictment  does  not  charge  a crime specified in
 subparagraph (i) of this paragraph, the district attorney may  recommend
 removal  of the action to the family court. Upon making such recommenda-
 tion the district attorney shall submit a subscribed memorandum  setting
 forth:  (1) a recommendation that the interests of justice would best be
 served by removal of the action to the family  court;  and  (2)  if  the
 indictment  charges  a thirteen year old with the crime of murder in the
 second degree, or a fourteen [or],  fifteen  OR  SIXTEEN  YEAR  OLD,  OR
 COMMENCING  JANUARY  FIRST  TWO THOUSAND TWENTY, 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

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

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 NOT LATER THAN THE COMMENCEMENT OF THE NEXT SESSION OF SUCH COURT OCCUR-
 RING ON THE NEXT BUSINESS DAY.
   §  33.  Section  410.60  of  the criminal procedure law, as amended by
 chapter 652 of the laws of 2008, is amended to read as follows:
 § 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 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 AUTHORIZE A  JUVE-
 NILE  TO  BE  DETAINED  FOR  A  VIOLATION  OF A CONDITION THAT WOULD NOT
 CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETERMINES
 (I)  THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY
 AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II)  THE  JUVE-
 NILE  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 JUVE-
 NILE BE RELEASED.
   § 34. Subdivision 5 of section 410.70 of the criminal  procedure  law,
 as  amended  by  chapter  17  of the laws of 2014, is amended to read as
 follows:
   5. Revocation; modification; continuation. (A) At  the  conclusion  of
 the  hearing  the  court  may revoke, continue or modify the sentence of
 probation  or  conditional  discharge.  Where  the  court  revokes   the
 sentence, it must impose sentence as specified in subdivisions three and
 four  of  section  60.01  of the penal law. Where the court continues or
 modifies the sentence, it must vacate the declaration of delinquency and
 direct that the defendant be  released.  If  the  alleged  violation  is
 sustained  and  the  court  continues  or  modifies the sentence, it may
 extend the sentence up to the period of interruption specified in subdi-
 vision two of section 65.15 of the penal law,  but  any  time  spent  in

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 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 IN THIS
 SECTION SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A
 CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF  COMMITTED  BY  AN  ADULT
 UNLESS THE COURT DETERMINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMI-
 NENT  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.
   § 35. The criminal procedure law is amended by adding  a  new  section
 410.90-a to read as follows:
 § 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.
   § 36. Section 510.15 of the criminal  procedure  law,  as  amended  by
 chapter  411 of the laws of 1979, subdivision 1 as designated and subdi-
 vision 2 as added by chapter 359 of the laws of 1980, is amended to read
 as follows:
 § 510.15  Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN.
   1. When a principal who is (A)  under  the  age  of  sixteen;  OR  (B)
 COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN A PRINCIPAL WHO IS UNDER
 THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST,
 TWO  THOUSAND  NINETEEN;  OR  (C) COMMENCING JANUARY FIRST, TWO THOUSAND
 TWENTY, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN  WHO  COMMITTED  AN
 OFFENSE  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, is committed to
 the custody of the sheriff the court must direct that the  principal  be
 taken  to  and  lodged  in  a place certified by the [state division for
 youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juvenile  detention
 facility  for the reception of children.  Where such a direction is made
 the sheriff shall deliver the principal in accordance therewith and such
 person shall although lodged and  cared  for  in  a  juvenile  detention
 facility  continue to be deemed to be in the custody of the sheriff.  No
 principal under the age [of sixteen] SPECIFIED to whom the provisions of
 this section may apply shall be detained in any prison, jail, lockup, or
 other place used for adults convicted of a crime  or  under  arrest  and
 charged  with  the  commission  of  a  crime without the approval of the
 [state division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES in the
 case of each principal and the statement of its reasons therefor.    The
 sheriff  shall  not  be liable for any acts done to or by such principal
 resulting from negligence in the detention of and care for such  princi-
 pal, when the principal is not in the actual custody of the sheriff.
   2.  Except  upon  consent of the defendant or for good cause shown, in
 any case in which a new securing order is issued for a principal  previ-

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 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.
   §  37.  Subdivision 1 of section 720.10 of the criminal procedure law,
 as amended by chapter 411 of the laws of 1979, is  amended  to  read  as
 follows:
   1.  "Youth"  means  a person charged with a crime alleged to have been
 committed when he OR SHE was at least sixteen years old  and  less  than
 [nineteen]  TWENTY-ONE  years old or a person charged with being a juve-
 nile offender as defined in subdivision forty-two  of  section  1.20  of
 this chapter.
   § 38. Section 30.00 of the penal law, as amended by chapter 481 of the
 laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
 is amended to read as follows:
 § 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 TWENTY, A PERSON LESS THAN EIGH-
 TEEN 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 TWENTY, A PERSON SEVENTEEN
 years of age is criminally responsible for acts constituting  murder  in
 the  second  degree  as  defined  in subdivisions one and two of section
 125.25 and in subdivision three of such section provided that the under-
 lying crime for the murder charge is one for which such person is crimi-
 nally responsible or for such conduct as a  sexually  motivated  felony,
 where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
 CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN  YEARS  OF  AGE
 OR,  COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of
 age is criminally responsible for acts constituting the  crimes  defined
 in section 135.25 (kidnapping in the first degree); 150.20 (arson in the
 first  degree);  subdivisions  one and two of section 120.10 (assault in
 the first degree); 125.20 (manslaughter in the first  degree);  subdivi-
 sions one and two of section 130.35 (rape in the first degree); subdivi-
 sions  one  and  two of section 130.50 (criminal sexual act in the first
 degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
 (burglary  in  the  first  degree);  subdivision  one  of section 140.25
 (burglary in the second degree); 150.15 (arson in  the  second  degree);
 160.15  (robbery in the first degree); subdivision two of section 160.10
 (robbery in the second degree) of this chapter;  or  section  265.03  of
 this  chapter,  where  such  machine gun or such firearm is possessed on
 school grounds, as that phrase is defined  in  subdivision  fourteen  of
 section 220.00 of this chapter; or defined in this chapter as an attempt
 to commit murder in the second degree or kidnapping in the first degree,
 or  for  such  conduct  as a sexually motivated felony, where authorized
 pursuant to section 130.91 of [the penal law] THIS CHAPTER.
   3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS  CONSTITUTING  AN
 OFFENSE  SET  FORTH  IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUTING A
 VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUT-
 ING 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);

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 120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
 HOMICIDE); 125.11 (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12
 (VEHICULAR   MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13  (VEHICULAR
 MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
 (TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
 NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE  FOR  WHICH  SUCH
 PERSON  IS  CRIMINALLY  RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
 THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING  IN  WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 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; 130.95 (PREDATORY SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION 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 CRIMI-
 NALLY RESPONSIBLE.
   4. In any prosecution for an offense, lack of criminal  responsibility
 by reason of infancy, as defined in this section, is a defense.
   §  39.  Subdivision 2 of section 60.02 of the penal law, as amended by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted  for  a conviction for any felony, AND THE
 PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER,  the  court  must  impose  a
 sentence  authorized  to be imposed upon a person convicted of a class E
 felony provided, however, that (A) the court must not impose a  sentence
 of  [conditional  discharge  or] unconditional discharge if the youthful
 offender finding was substituted for a conviction of a felony defined in
 article two hundred twenty of  this  chapter;  AND  (B)  NOTWITHSTANDING
 PARAGRAPH  (E)  OF  SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A
 TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE  SENTENCE
 OF  ONE  YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST
 BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST  INCLUDE,
 AS  A  PART  THEREOF, A PERIOD OF POST RELEASE SUPERVISION IN ACCORDANCE
 WITH SUBDIVISION TWO-B OF SECTION 70.45 OF  THIS  TITLE.  IN  ANY  CASE,
 WHERE  A  COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A
 SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH  IMPRISONMENT  TERM

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 SHALL  NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT
 TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH  (D)  OF
 SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.  IF THE SENTENCE IS TO
 BE  IMPOSED  UPON A YOUTHFUL OFFENDER FINDING WHICH HAS BEEN SUBSTITUTED
 FOR A CONVICTION OF ANY FELONY, AND THE PERSON  IS  NINETEEN  OR  TWENTY
 YEARS  OF  AGE,  THE  COURT  MUST  SENTENCE  SUCH PERSON PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE APPLICABLE TO A PERSON WHOSE  CONVICTION  WAS
 NOT SUBSTITUTED BY A YOUTHFUL OFFENDER FINDING OF THE SAME OFFENSE.
   § 40. Section 60.10 of the penal law, as amended by chapter 411 of the
 laws of 1979, is amended to read as follows:
 § 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  OF  THIS  CHAPTER or sentence [him] THE DEFENDANT upon a
 youthful offender finding in  accordance  with  section  60.02  of  this
 [chapter] ARTICLE.
   2. Subdivision one of this section shall apply when sentencing a juve-
 nile offender notwithstanding the provisions of any other law that deals
 with the authorized sentence for persons who are not juvenile offenders.
 Provided,  however, that the limitation prescribed by this section shall
 not be deemed or construed to bar use of  a  conviction  of  a  juvenile
 offender,  other  than  a  juvenile  offender who has been adjudicated a
 youthful offender pursuant to section 720.20 of the  criminal  procedure
 law,  as  a  previous  or predicate felony offender under section 70.04,
 70.06, 70.07, 70.08 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF  THIS
 CHAPTER,  when  sentencing a person who commits a felony after [he] SUCH
 PERSON has reached the age of [sixteen] SEVENTEEN AS OF  JANUARY  FIRST,
 TWO  THOUSAND  NINETEEN,  AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND
 TWENTY.
   § 40-a. Subdivision 5 of section 70.00 of the penal law, as amended by
 chapter 482 of the laws of 2009, is amended to read as follows:
   5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
 provision  of  law,  a  defendant sentenced to life imprisonment without
 parole shall not  be  or  become  eligible  for  parole  or  conditional
 release.  For  purposes of commitment and custody, other than parole and
 conditional release, such sentence shall be deemed to be  an  indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole  upon  conviction  for the crime of murder in the first degree as
 defined in section 125.27 of this chapter and  in  accordance  with  the
 procedures  provided  by  law  for imposing a sentence for such crime. A
 defendant WHO WAS EIGHTEEN YEARS OF AGE OR OLDER  AT  THE  TIME  OF  THE
 COMMISSION  OF  THE CRIME must be sentenced to life imprisonment without
 parole upon conviction for the crime of terrorism as defined in  section
 490.25  of  this  chapter,  where  the  specified  offense the defendant
 committed is a class A-I felony; the crime of criminal possession  of  a
 chemical  weapon  or biological weapon in the first degree as defined in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal weapon or biological weapon  in  the  first  degree  as  defined  in
 section  490.55 of this chapter; provided, however, that nothing in this
 subdivision shall preclude or prevent  a  sentence  of  death  when  the

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 defendant  is  also convicted of the crime of murder in the first degree
 as defined in section 125.27 of this  chapter.    A  DEFENDANT  WHO  WAS
 SEVENTEEN  YEARS  OF AGE OR YOUNGER AT THE TIME OF THE COMMISSION OF THE
 CRIME  MAY BE SENTENCED TO LIFE IMPRISONMENT UPON CONVICTION FOR A CRIME
 OF TERRORISM AS DEFINED IN SECTION 490.25 OF  THIS  CHAPTER,  WHERE  THE
 SPECIFIED  OFFENSE  IS  A  CLASS  A-I  FELONY;  THE  CRIME  OF  CRIMINAL
 POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE
 AS DEFINED IN SECTION 490.45 OF THIS CHAPTER; OR THE CRIME  OF  CRIMINAL
 USE  OF  A  CHEMICAL  WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS
 DEFINED IN SECTION 490.55 OF THIS CHAPTER. A defendant must be sentenced
 to life imprisonment without parole upon conviction  for  the  crime  of
 murder  in  the  second degree as defined in subdivision five of section
 125.25 of this chapter or for the crime of aggravated murder as  defined
 in subdivision one of section 125.26 of this chapter. A defendant may be
 sentenced  to  life  imprisonment without parole upon conviction for the
 crime of aggravated murder as defined  in  subdivision  two  of  section
 125.26 of this chapter.
   §  41.  Section 70.05 of the penal law, as added by chapter 481 of the
 laws of 1978, subdivision 1 as amended by chapter 615  of  the  laws  of
 1984,  paragraph  (e)  of  subdivision  2  as added and paragraph (c) of
 subdivision 3 as amended by chapter 435 of the laws of  1998,  paragraph
 (a)  of  subdivision 3 as amended by chapter 174 of the laws of 2003, is
 amended to read as follows:
 § 70.05 Sentence of imprisonment for juvenile offender.
   1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a
 JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE
 SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS
 DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE  AS  DEFINED
 BY  SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSU-
 ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF
 THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT  FOR  THE  CLASS
 A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen-
 der shall be an indeterminate sentence. When such a sentence is imposed,
 the  court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maxi-
 mum term in accordance with the provisions of subdivision  two  of  this
 section  [and the minimum period of imprisonment shall be as provided in
 subdivision three  of  this  section].  EXCEPT  AS  PROVIDED  HEREIN,  A
 SENTENCE  OF  IMPRISONMENT  FOR ANY OTHER FELONY COMMITTED BY A JUVENILE
 OFFENDER SHALL BE A  DETERMINATE  SENTENCE.  WHEN  SUCH  A  SENTENCE  IS
 IMPOSED,  THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF
 YEARS IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION  THREE  OF  THIS
 SECTION  AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE.    The
 court  shall  further  provide  that  where a juvenile offender is under
 placement pursuant to  article  three  of  the  family  court  act,  any
 sentence  imposed pursuant to this section which is to be served consec-
 utively with such placement shall be served  in  a  facility  designated
 pursuant  to  subdivision four of section 70.20 of this article prior to
 service of the placement in any previously designated facility.
   2. [Maximum term of] INDETERMINATE sentence. [The maximum term  of  an
 indeterminate  sentence  for a juvenile offender shall be at least three
 years and the term shall be fixed as follows:
   (a)] For the class A felony of murder in the second degree, the  MAXI-
 MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI-
 SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:

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   (A)  WHERE  THE  DEFENDANT  WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH
 OFFENSE, OR WAS FOURTEEN OR FIFTEEN AT THE TIME OF SUCH OFFENSE AND  THE
 SENTENCE  IS  FOR  AN  OFFENSE SPECIFIED IN SUBDIVISION THREE OF SECTION
 125.25 OF THIS CHAPTER, THE MINIMUM PERIOD OF IMPRISONMENT SHALL  BE  AT
 LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS;
   (B) EXCEPT AS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE
 DEFENDANT  WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS
 OLD, AND, COMMENCING JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  WHERE  THE
 DEFENDANT  WAS  AT LEAST FOURTEEN YEARS OLD BUT LESS THAN EIGHTEEN YEARS
 OLD AT THE TIME OF SUCH OFFENSE,  THE  MINIMUM  PERIOD  OF  IMPRISONMENT
 SHALL  BE AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT EXCEED FIFTEEN
 YEARS.
   [(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson  in
 the  first  degree, or for the class A felony of kidnapping in the first
 degree the DETERMINATE term shall be fixed by the court, and shall be at
 least [twelve] FOUR years but shall not exceed fifteen years;
   [(c)] (B)(I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH, for a class B felony, the DETERMINATE term shall be fixed by  the
 court,  and  shall BE AT LEAST ONE YEAR BUT SHALL not exceed [ten] SEVEN
 years;
   (II) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF  THIS
 ARTICLE, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANU-
 ARY  FIRST,  TWO  THOUSAND  TWENTY,  WHERE  THE DEFENDANT WAS SIXTEEN OR
 SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE,  THE  DETERMINATE  TERM
 SHALL  BE FIXED BY THE COURT, AND SHALL BE AT LEAST FIVE YEARS BUT SHALL
 NOT EXCEED TWENTY YEARS; PROVIDED, HOWEVER, THAT WHERE THE COURT, HAVING
 REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO  THE  HISTORY
 AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDU-
 LY HARSH TO IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN FIVE YEARS AND
 NO  MORE  THAN  TWENTY-FIVE  YEARS,  THE  COURT MAY IMPOSE A DETERMINATE
 SENTENCE OF NO LESS THAN ONE YEAR AND NO MORE THAN SEVEN YEARS;
   (III) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
 ARTICLE, WHERE THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS  OLD  AT  THE
 TIME  OF  SUCH OFFENSE THE DETERMINATE TERM SHALL BE FIXED BY THE COURT,
 AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED SEVEN YEARS;
   [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by
 the court, and shall BE AT LEAST ONE YEAR BUT SHALL not  exceed  [seven]
 FIVE years; and
   [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by
 the  court,  and  shall BE AT LEAST ONE YEAR BUT SHALL not exceed [four]
 THREE years; AND
   (E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN  YEARS  OLD,
 AND  COMMENCING  JANUARY FIRST, TWO THOUSAND TWENTY, 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

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

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

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 felony, committed before he has reached the age of sixteen, shall, if it
 exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
 nate  sentences  imposed upon a juvenile offender include a sentence for
 the class A felony of arson in the first degree or for the class A felo-
 ny of kidnapping in the first degree, then the aggregate maximum term of
 such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
 fifteen years. Where the aggregate maximum term of two or  more  consec-
 utive  sentences is reduced by a calculation made pursuant to this para-
 graph, the aggregate minimum period of imprisonment, if it exceeds  one-
 half  of the aggregate maximum term as so reduced, shall be deemed to be
 one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE
 TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON  A  JUVENILE
 OFFENDER  FOR  TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON
 WAS IMPRISONED UNDER ANY OF SUCH  SENTENCES,  OTHER  THAN  TWO  OR  MORE
 SENTENCES  THAT  INCLUDE  A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE
 FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS TEN YEARS, BE  DEEMED
 TO BE TEN YEARS, PROVIDED:
   (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
 AGGREGATE TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
 TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND
   (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
 AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE
 DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
 WHICH  SHALL  BE DEEMED TO BE TEN YEARS AND THE AGGREGATE MINIMUM PERIOD
 OF WHICH, IF IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO  BE  FIVE  YEARS;
 AND
   (C)  WHERE  ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE
 SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
   (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO  OR
 EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A
 DETERMINATE TERM OF TEN YEARS; AND
   (2)  IF  THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR
 SENTENCES IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
 TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL
 BE  DEEMED  TO  BE  TEN  YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE
 DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF
 THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER.
   (II) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON
 A  JUVENILE  OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME
 THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, AT LEAST  ONE  OF
 WHICH  IS  THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY
 SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED  BY  SECTION
 135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE
 A  SENTENCE  IMPOSED  FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS
 FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED:
   (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE  DETERMINATE  AND  THE
 AGGREGATE  TERM  EXCEEDS  FIFTEEN  YEARS, THE JUVENILE OFFENDER SHALL BE
 DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND
   (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND  THE
 AGGREGATE  MAXIMUM  TERM  EXCEEDS  FIFTEEN  YEARS, THE JUVENILE OFFENDER
 SHALL BE DEEMED TO BE SERVING AN  INDETERMINATE  SENTENCE,  THE  MAXIMUM
 TERM  OF  WHICH  SHALL  BE  DEEMED TO BE FIFTEEN YEARS AND THE AGGREGATE
 MINIMUM PERIOD OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF  YEARS,  SHALL
 BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND
   (C)  WHERE  ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE
 SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:

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

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 the  first  degree); subdivisions one and two of section 120.10 (assault
 in the first degree); 125.20 (manslaughter in the first degree);  subdi-
 visions one and two of section 130.35 (rape in the first degree); subdi-
 visions  one and two of section 130.50 (criminal sexual act in the first
 degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
 (burglary  in  the  first  degree);  subdivision  one  of section 140.25
 (burglary in the second degree); 150.15 (arson in  the  second  degree);
 160.15  (robbery in the first degree); subdivision two of section 160.10
 (robbery in the second degree) of this chapter;  or  section  265.03  of
 this  chapter,  where  such  machine gun or such firearm is possessed on
 school grounds, as that phrase is defined  in  subdivision  fourteen  of
 section 220.00 of this chapter; or defined in this chapter as an attempt
 to commit murder in the second degree or kidnapping in the first degree,
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law] THIS CHAPTER; AND
   (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND  TWEN-
 TY,  SEVENTEEN  YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
 TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI-
 TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS  CHAPTER;  ACTS
 CONSTITUTING  ANY  CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A
 FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT  OF
 THE  OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS
 CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT  IN
 THE  SECOND  DEGREE);  120.04  (VEHICULAR  ASSAULT IN THE FIRST DEGREE);
 120.04-A (AGGRAVATED VEHICULAR ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT
 HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY  NEGLIGENT HOMICIDE); 125.12
 (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13   (VEHICULAR
 MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
 (TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
 NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE  FOR  WHICH  SUCH
 PERSON  IS  CRIMINALLY  RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
 THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING  IN  WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  SECOND
 DEGREE);  220.43  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE); 220.77 (OPERATING AS A MAJOR  TRAFFICKER);  460.22  (AGGRAVATED
 ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
 OR  A  BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
 CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN  THE  SECOND  DEGREE);  490.55
 (CRIMINAL  USE  OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE  DEFINED  IN  SUBDIVISION
 TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY 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  FOUR  HUNDRED
 NINETY  OF  THIS  CHAPTER;  AND  ACTS  CONSTITUTING A CRIME SET FORTH IN
 SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED  THAT  THE

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 UNDERLYING  CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON
 IS CRIMINALLY RESPONSIBLE.
   § 46. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42.  "Juvenile offender" means (1) a person, thirteen years old who is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25  of  the  penal
 law,  or  such  conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
 [or], fifteen OR SIXTEEN YEARS OLD, OR  COMMENCING  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY,  SEVENTEEN years old who is criminally responsible for
 acts constituting the crimes defined in  subdivisions  one  and  two  of
 section 125.25 (murder in the second degree) and in subdivision three of
 such section provided that the underlying crime for the murder charge is
 one  for  which  such  person  is criminally responsible; section 135.25
 (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
 subdivisions  one  and  two  of  section  120.10  (assault  in the first
 degree); 125.20 (manslaughter in the first degree); subdivisions one and
 two of section 130.35 (rape in the first degree); subdivisions  one  and
 two  of section 130.50 (criminal sexual act in the first degree); 130.70
 (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
 first degree); subdivision one of section 140.25 (burglary in the second
 degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
 first degree); subdivision two of section 160.10 (robbery in the  second
 degree) of the penal law; or section 265.03 of the penal law, where such
 machine  gun  or  such  firearm  is possessed on school grounds, as that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law; or defined in the penal law as an attempt to commit murder  in  the
 second  degree  or  kidnapping in the first degree, or such conduct as a
 sexually motivated felony, where authorized pursuant to  section  130.91
 of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
 TWO  THOUSAND  TWENTY,  A  PERSON  SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
 CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
 VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN  SECTION  70.02  OF
 THE  PENAL  LAW;  ACTS  CONSTITUTING  ANY CRIME IN THE PENAL LAW THAT IS
 CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS  A  FELONIES  WHICH
 REQUIRE,  AS  AN  ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
 YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED  IN  SECTION
 120.03  (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE); 120.04 (VEHICULAR
 ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED  VEHICULAR  ASSAULT);
 125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.13  (VEHICULAR  MANSLAUGHTER  IN THE FIRST DEGREE); 125.14
 (AGGRAVATED VEHICULAR HOMICIDE);  125.15  (MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.20  (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED
 MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED  MANSLAUGHTER  IN
 THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE);
 130.75  (COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE);
 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT  THE
 CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
 SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A  WITNESS
 IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION

 S. 2006--A                         105                        A. 3006--A
 
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED  AS
 A  SEXUALLY  MOTIVATED  FELONY;  ACTS  CONSTITUTING  A SPECIFIED OFFENSE
 DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF  THE  PENAL  LAW  WHEN
 COMMITTED  AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN
 ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND  ACTS  CONSTITUTING  A
 CRIME  SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15
 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR  THE  CONSPIRACY
 CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
   §  47. Subdivision 1 of section 500-a of the correction law is amended
 by adding a new paragraph (h) to read as follows:
   (H) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW  COMMENCING  JANUARY
 FIRST,  TWO  THOUSAND  NINETEEN,  NO  COUNTY  JAIL SHALL BE USED FOR THE
 CONFINEMENT OF ANY PERSON UNDER THE AGE OF SEVENTEEN  WHO  IS  SENTENCED
 FOR  AN  OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND NINE-
 TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, NO COUNTY JAIL
 SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE  OF  EIGH-
 TEEN  WHO  IS  SENTENCED  FOR  AN  OFFENSE COMMITTED ON OR AFTER JANUARY
 FIRST, TWO THOUSAND TWENTY.   PLACEMENT OF ANY PERSON  WHO  MAY  NOT  BE
 CONFINED  TO  A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL BE DETER-
 MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 48. The criminal procedure law is amended by adding  a  new  section
 160.59 to read as follows:
 § 160.59 SEALING OF CERTAIN CONVICTIONS.
   1.  DEFINITIONS:  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS;
   (A) "ELIGIBLE OFFENSE" SHALL MEAN ANY CRIME DEFINED  IN  THE  LAWS  OF
 THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
 TY  OF  THE  PENAL LAW, AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-
 THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE  HUNDRED
 TWENTY-FIVE  OF  THE  PENAL  LAW,  A  VIOLENT  FELONY OFFENSE DEFINED IN
 SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN  THE
 PENAL  LAW,  A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE OF THE
 PENAL LAW WHERE THE  UNDERLYING OFFENSE IS NOT AN ELIGIBLE  OFFENSE,  AN
 ATTEMPT  TO  COMMIT  AN  OFFENSE  THAT IS NOT AN ELIGIBLE OFFENSE IF THE
 ATTEMPT IS A FELONY, OR AN OFFENSE  FOR  WHICH  REGISTRATION  AS  A  SEX
 OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
   (B)  "SENTENCING  JUDGE"  SHALL MEAN THE JUDGE WHO PRONOUNCED SENTENCE
 UPON THE CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS  NO  LONGER
 SITTING  IN  A  COURT  IN  THE  JURISDICTION IN WHICH THE CONVICTION WAS
 OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
 JUDGMENT OF CONVICTION WAS ENTERED.
   2. (A) A DEFENDANT WHO HAS  BEEN  CONVICTED  OF  UP  TO  TWO  ELIGIBLE
 OFFENSES  BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT IN
 WHICH HE OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO  HAVE  SUCH
 CONVICTION  SEALED.  IF  ALL OFFENSES ARE OFFENSES WITH THE SAME CLASSI-

 S. 2006--A                         106                        A. 3006--A
 
 FICATION, THE APPLICATION SHALL BE  MADE  TO  THE  COURT  IN  WHICH  THE
 DEFENDANT WAS LAST CONVICTED.
   (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO-
 SITION  OR  OTHER  SIMILAR  DOCUMENTATION  FOR ANY OFFENSE FOR WHICH THE
 DEFENDANT HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH  CERTIFICATE
 OR  OTHER  DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT OF THE
 DEFENDANT AS TO WHETHER HE OR SHE HAS FILED, OR THEN  INTENDS  TO  FILE,
 ANY  APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A COPY
 OF ANY OTHER SUCH APPLICATION THAT HAS BEEN FILED; (IV) A  SWORN  STATE-
 MENT  AS  TO  THE  CONVICTION  OR  CONVICTIONS FOR WHICH RELIEF IS BEING
 SOUGHT; AND (V) A SWORN STATEMENT OF THE REASON OR REASONS WHY THE COURT
 SHOULD, IN ITS DISCRETION, GRANT SUCH SEALING, ALONG WITH ANY SUPPORTING
 DOCUMENTATION.
   (C) A COPY OF ANY APPLICATION FOR SUCH SEALING SHALL  BE  SERVED  UPON
 THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION, OR, IF MORE
 THAN  ONE, THE CONVICTIONS, WAS OR WERE OBTAINED.  THE DISTRICT ATTORNEY
 SHALL NOTIFY THE COURT WITHIN FORTY-FIVE DAYS IF HE OR  SHE  OBJECTS  TO
 THE APPLICATION FOR SEALING.
   (D)  WHEN  SUCH  APPLICATION  IS  FILED  WITH  THE  COURT, IT SHALL BE
 ASSIGNED TO THE SENTENCING JUDGE UNLESS MORE  THAN  ONE  APPLICATION  IS
 FILED  IN  WHICH  CASE  THE  APPLICATION SHALL BE ASSIGNED TO THE COUNTY
 COURT OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT  IS
 LOCATED,  WHO  SHALL  REQUEST  AND RECEIVE FROM THE DIVISION OF CRIMINAL
 JUSTICE SERVICES A FINGERPRINT BASED  CRIMINAL  HISTORY  RECORD  OF  THE
 DEFENDANT,  INCLUDING  ANY SEALED OR SUPPRESSED RECORDS. THE DIVISION OF
 CRIMINAL JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY  REPORT,
 IF  ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL
 HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS.  THE  DIVISION
 IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU
 OF  INVESTIGATION  FOR THIS PURPOSE, AND TO MAKE SUCH INFORMATION AVAIL-
 ABLE TO THE COURT, WHICH MAY MAKE  THIS  INFORMATION  AVAILABLE  TO  THE
 DISTRICT ATTORNEY AND THE DEFENDANT.
   3.  THE  SENTENCING  JUDGE, OR COUNTY OR SUPREME COURT SHALL SUMMARILY
 DENY THE DEFENDANT'S APPLICATION WHEN:
   (A) THE DEFENDANT IS REQUIRED TO REGISTER AS A SEX  OFFENDER  PURSUANT
 TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
   (B)  THE  DEFENDANT  HAS  PREVIOUSLY  OBTAINED  SEALING OF THE MAXIMUM
 NUMBER OF CONVICTIONS ALLOWABLE UNDER SECTION  160.58  OF  THE  CRIMINAL
 PROCEDURE LAW; OR
   (C)  THE  DEFENDANT  HAS  PREVIOUSLY  OBTAINED  SEALING OF THE MAXIMUM
 NUMBER OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS  SECTION;
 OR
   (D)  THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION HAS
 NOT YET BEEN SATISFIED; OR
   (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR
   (F) THE DEFENDANT WAS CONVICTED OF ANY CRIME AFTER  THE  DATE  OF  THE
 ENTRY  OF  JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING IS SOUGHT;
 OR
   (G) THE DEFENDANT HAS FAILED TO PROVIDE THE COURT  WITH  THE  REQUIRED
 SWORN  STATEMENT  OF  THE  REASONS WHY THE COURT SHOULD GRANT THE RELIEF
 REQUESTED; OR
   (H) THE DEFENDANT HAS BEEN CONVICTED OF TWO OR MORE FELONIES  OR  MORE
 THAN TWO CRIMES.
   4.  PROVIDED  THAT  THE  APPLICATION  IS  NOT SUMMARILY DENIED FOR THE
 REASONS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT  WHO

 S. 2006--A                         107                        A. 3006--A
 
 STANDS  CONVICTED  OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN SEALING OF
 NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
   5.  ANY  ELIGIBLE  OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS
 HAVE PASSED SINCE THE IMPOSITION OF  THE  SENTENCE  ON  THE  DEFENDANT'S
 LATEST  CONVICTION  OR,  IF  THE  DEFENDANT WAS SENTENCED TO A PERIOD OF
 INCARCERATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED  IN  CONJUNC-
 TION  WITH  A SENTENCE OF PROBATION, THE DEFENDANT'S LATEST RELEASE FROM
 INCARCERATION.  IN CALCULATING THE TEN YEAR PERIOD UNDER  THIS  SUBDIVI-
 SION,  ANY  PERIOD  OF  TIME  THE DEFENDANT SPENT INCARCERATED AFTER THE
 CONVICTION FOR WHICH THE APPLICATION FOR SEALING  IS  SOUGHT,  SHALL  BE
 EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
 ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
   6.  UPON  DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY
 DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
 CATION IS OPPOSED BY THE DISTRICT  ATTORNEY,  THE  SENTENCING  JUDGE  OR
 COUNTY  OR  SUPREME  COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN
 ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY  THAT  WOULD  AID
 THE  SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS
 OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF  THE  DISTRICT
 ATTORNEY  DOES  NOT OPPOSE THE APPLICATION, HOWEVER THE COURT MAY HOLD A
 HEARING AT ITS DISCRETION.
   7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
 OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT  NOT
 LIMITED TO:
   (A)  THE  AMOUNT  OF  TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST
 CONVICTION;
   (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE  OFFENSE  FOR  WHICH  THE
 DEFENDANT IS SEEKING RELIEF, INCLUDING WHETHER THE ARREST CHARGE WAS NOT
 AN ELIGIBLE OFFENSE;
   (C)  THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
 THE DEFENDANT STANDS CONVICTED;
   (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY  MEASURES  THAT  THE
 DEFENDANT  HAS  TAKEN  TOWARD  REHABILITATION,  SUCH AS PARTICIPATING IN
 TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING  IN  COMMUNITY
 SERVICE OR OTHER VOLUNTEER PROGRAMS;
   (E)  ANY  STATEMENTS  MADE  BY THE VICTIM OF THE OFFENSE FOR WHICH THE
 DEFENDANT IS SEEKING RELIEF;
   (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
 BILITATION AND UPON HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
 REINTEGRATION INTO SOCIETY; AND
   (G)  THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
 UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.
   8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME COURT  ORDERS  SEALING
 PURSUANT  TO  THIS  SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO
 THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, INCLUDING ALL DUPLICATES AND
 COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
 OR  ANY  COURT  SHALL  BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR
 PUBLIC OR PRIVATE AGENCY EXCEPT AS PROVIDED FOR IN SUBDIVISION  NINE  OF
 THIS  SECTION;  PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
 PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE  SAME.  THE
 CLERK  OF  SUCH  COURT  SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
 DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS  THAT  SHALL
 BE  SEALED  PURSUANT  TO  THIS  SECTION. THE CLERK ALSO SHALL NOTIFY ANY
 COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO  PARAGRAPH  (B)  OF
 SUBDIVISION  TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
 FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.

 S. 2006--A                         108                        A. 3006--A
 
   9. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
   (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
   (B)  QUALIFIED  AGENCIES,  AS  DEFINED  IN SUBDIVISION NINE OF SECTION
 EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND  FEDERAL  AND  STATE
 LAW  ENFORCEMENT  AGENCIES,  WHEN  ACTING  WITHIN THE SCOPE OF THEIR LAW
 ENFORCEMENT DUTIES; OR
   (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY  FOR  THE
 ISSUANCE  OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
 TION FOR SUCH A LICENSE; OR
   (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE  OFFICER  AS
 THOSE  TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
 SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR  EMPLOY-
 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
 PERSON  WHO  IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
 OFFICER SHALL BE FURNISHED WITH A COPY OF  ALL  RECORDS  OBTAINED  UNDER
 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
 TO; OR
   (E)  THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL
 BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING  TO  QUERIES  TO
 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
 TO  PURCHASE  OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18
 USC 921 (A) (3).
   10. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS  INCLUDED
 WITHIN  THE  DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
 PROCEEDING IN WHICH THE FACT OF  A  PRIOR  CONVICTION  WOULD  ENHANCE  A
 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
   11.  NO  DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE  OR  ANY  AGREEMENT  RELATED  TO  A  CONVICTION FOR AN ELIGIBLE
 OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY ENFORCEABLE.
   § 48-a. Subdivision 16 of section 296 of the executive law,  as  sepa-
 rately  amended  by  section  3  of part N and section 14 of part AAA of
 chapter 56 of the laws of 2009, is amended to read as follows:
   16. It shall be an unlawful discriminatory  practice,  unless  specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
 involved, any arrest or criminal accusation of such individual not  then
 pending  against  that individual which was followed by a termination of
 that criminal action or proceeding  in  favor  of  such  individual,  as
 defined  in  subdivision two of section 160.50 of the criminal procedure
 law, or by a youthful offender adjudication, as defined  in  subdivision
 one  of section 720.35 of the criminal procedure law, or by a conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure law or by a conviction which is sealed pursuant to  section  160.59
 OR  160.58 of the criminal procedure law, in connection with the licens-
 ing, employment or providing of credit or insurance to such  individual;
 provided,  further, that no person shall be required to divulge informa-
 tion pertaining to any arrest or criminal accusation of such  individual
 not  then pending against that individual which was followed by a termi-
 nation of that criminal action or proceeding in favor of  such  individ-
 ual,  as  defined  in  subdivision two of section 160.50 of the criminal
 procedure law, or by a youthful offender  adjudication,  as  defined  in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction  for  a  violation  sealed  pursuant to section 160.55 of the

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 criminal procedure law, or by a conviction which is sealed  pursuant  to
 section  160.58  OR 160.59 of the criminal procedure law. The provisions
 of this subdivision shall not  apply  to  the  licensing  activities  of
 governmental  bodies in relation to the regulation of guns, firearms and
 other deadly weapons or in relation to an application for employment  as
 a police officer or peace officer as those terms are defined in subdivi-
 sions  thirty-three  and  thirty-four  of  section  1.20 of the criminal
 procedure law; provided further that the provisions of this  subdivision
 shall  not  apply  to an application for employment or membership in any
 law enforcement agency with respect to any arrest or criminal accusation
 which was followed by a youthful offender adjudication,  as  defined  in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction  for  a  violation  sealed  pursuant to section 160.55 of the
 criminal procedure law, or by a conviction which is sealed  pursuant  to
 section 160.58 OR 160.59 of the criminal procedure law.
   §  49.  Subdivision 3 of section 720.15 of the criminal procedure law,
 as amended by chapter 774 of the laws of 1985, is  amended  to  read  as
 follows:
   3.  The provisions of subdivisions one and two of this section requir-
 ing or authorizing the accusatory instrument filed against a youth to be
 sealed, and the arraignment and all proceedings  in  the  action  to  be
 conducted in private shall not apply in connection with a pending charge
 of  committing  any [felony] offense [as] defined in ARTICLE ONE HUNDRED
 THIRTY OR TWO HUNDRED SIXTY-THREE OF the penal law. [The  provisions  of
 subdivision  one  requiring  the  accusatory  instrument filed against a
 youth to be sealed shall not apply where such youth has previously  been
 adjudicated a youthful offender or convicted of a crime.]
   §  50.  Subdivision 1 of section 720.20 of the criminal procedure law,
 as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
 follows:
   1.   Upon conviction of an eligible youth, the court must order a pre-
 sentence investigation of the defendant.   After receipt  of  a  written
 report  of the investigation and at the time of pronouncing sentence the
 court must determine whether or not the eligible  youth  is  a  youthful
 offender.   Such determination shall be in accordance with the following
 criteria:
   (a)  If in the opinion of the court the interest of justice  would  be
 served  by  relieving  the  eligible  youth  from the onus of a criminal
 record and by not imposing an indeterminate term of imprisonment of more
 than four years, the court may, in its  discretion,  find  the  eligible
 youth is a youthful offender; [and]
   (b)    Where  the  conviction is had in a local criminal court and the
 eligible youth had not prior to commencement of trial or entry of a plea
 of guilty been convicted of a crime or found a  youthful  offender,  the
 court must find he is a youthful offender[.]; AND
   (C)  THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
 AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN  CONVICTED  AND  SENTENCED
 FOR  A  FELONY,  UNLESS  THE DISTRICT ATTORNEY UPON MOTION WITH NOT LESS
 THAN SEVEN DAYS' NOTICE TO SUCH PERSON OR HIS  OR  HER  ATTORNEY  DEMON-
 STRATES  TO  THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE
 REQUIRES OTHERWISE.
   § 51. Intentionally omitted.
   § 52. Intentionally omitted.
   § 53. Intentionally omitted.
   § 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section
 115 of the family court  act,  paragraph  (vi)  of  subdivision  (a)  as

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 amended and subdivision (e) as added by chapter 222 of the laws of 1994,
 are amended to read as follows:
   (vi) proceedings concerning juvenile delinquency as set forth in arti-
 cle three THAT ARE COMMENCED IN FAMILY COURT.
   (e)  The  family  court  has concurrent jurisdiction with the criminal
 court over all family offenses as defined in article eight of  this  act
 AND  HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT
 OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE  REMOVAL  OF
 THE  CASE  TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-
 FIVE OF THE CRIMINAL PROCEDURE LAW.
   § 55. Subdivision (b) of section  117  of  the  family  court  act  is
 REPEALED and a new subdivision (b) is added to read as follows:
   (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW
 YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA-
 RATE  FROM  ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL HAVE JURISDIC-
 TION OVER ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING  AN  ALLEGATION
 THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY
 ACT  AS  DEFINED  IN  SUBDIVISION EIGHT OF SECTION 301.2 OF THIS CHAPTER
 THAT ARE NOT REFERRED TO THE YOUTH PART OF A SUPERIOR  COURT.  ALL  SUCH
 PROCEEDINGS  SHALL  BE ORIGINATED IN OR BE TRANSFERRED TO SUCH PART FROM
 OTHER PARTS AS THEY ARE MADE KNOWN TO THE COURT.   OUTSIDE THE  CITY  OF
 NEW  YORK,  ALL  PROCEEDINGS  INVOLVING  SUCH AN ALLEGATION SHALL HAVE A
 HEARING PREFERENCE OVER EVERY OTHER  PROCEEDING  IN  THE  COURT,  EXCEPT
 PROCEEDINGS UNDER ARTICLE TEN OF THIS CHAPTER.
   § 56. Subdivision 1 of section 301.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  "Juvenile  delinquent"  means  a  person [over seven and less than
 sixteen years of age, who, having committed an act that would constitute
 a crime if committed by an adult, (a) is not criminally responsible  for
 such  conduct by reason of infancy, or (b) is the defendant in an action
 ordered removed from a criminal court to the family  court  pursuant  to
 article seven hundred twenty-five of the criminal procedure law]:
   (A) WHO IS:
   (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
 TUTE  A  CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE FIRST DEGREE)
 OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
 AN ADULT; OR
   (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS  OF  AGE
 WHO  COMMITTED  AN  ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
 ADULT; OR
   (III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST,  TWO  THOUSAND
 TWENTY,  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.
   §  57.  Subdivisions 8 and 9 of section 301.2 of the family court act,
 subdivision 8 as amended by chapter 7 of the laws of 2007  and  subdivi-
 sion  9 as added by chapter 920 of the laws of 1982, are amended to read
 as follows:

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   8. "Designated felony act" means an act which, if done  by  an  adult,
 would  be  a  crime: (i) defined in sections 125.27 (murder in the first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first degree); or 150.20 (arson in the first degree) of  the  penal  law
 committed  by  a person thirteen, fourteen [or], fifteen, OR SIXTEEN, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, SEVENTEEN years  of  age;
 or  such conduct committed as a sexually motivated felony, where author-
 ized pursuant to section 130.91  of  the  penal  law;  (ii)  defined  in
 sections  120.10  (assault in the first degree); 125.20 (manslaughter in
 the first degree); 130.35 (rape in the first degree);  130.50  (criminal
 sexual  act in the first degree); 130.70 (aggravated sexual abuse in the
 first degree); 135.20 (kidnapping in the second degree) but  only  where
 the  abduction  involved  the  use  or  threat of use of deadly physical
 force; 150.15 (arson in the second degree) or  160.15  (robbery  in  the
 first  degree) of the penal law committed by a person thirteen, fourteen
 [or], fifteen, OR SIXTEEN, OR, COMMENCING JANUARY  FIRST,  TWO  THOUSAND
 TWENTY,  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 commit-
 ted by a  person  thirteen,  fourteen  [or],  fifteen,  OR  SIXTEEN,  OR
 COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  pursuant  to  section  130.91  of  the  penal law; (iv) defined in
 section 140.30 (burglary  in  the  first  degree);  subdivision  one  of
 section  140.25  (burglary  in  the  second  degree); subdivision two of
 section 160.10 (robbery in the second  degree)  of  the  penal  law;  or
 section  265.03 of the penal law, where such machine gun or such firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen of section 220.00 of the penal law committed by a person  four-
 teen  or  fifteen  years of age; or such conduct committed as a sexually
 motivated felony, where authorized pursuant to  section  130.91  of  the
 penal  law; (v) defined in section 120.05 (assault in the second degree)
 or 160.10 (robbery in the second degree) of the penal law committed by a
 person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING JANUARY  FIRST,
 TWO  THOUSAND  TWENTY,  SEVENTEEN  years of age but only where there has
 been a prior finding by a court that such person has previously  commit-
 ted  an  act  which,  if  committed  by  an adult, would be the crime of
 assault in the second degree, robbery in the second degree or any desig-
 nated felony act specified in paragraph (i),  (ii),  or  (iii)  of  this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; [or] (vi) other than a misdemeanor  commit-
 ted  by  a person at least [seven] TWELVE but less than [sixteen] SEVEN-
 TEEN years of age, OR COMMENCING JANUARY FIRST, TWO  THOUSAND  TWENTY  A
 PERSON  AT  LEAST  TWELVE  BUT LESS THAN EIGHTEEN YEARS OF AGE, but only
 where there has been two prior findings by the court  that  such  person
 has committed a prior felony; OR (VII) DEFINED IN SECTION 125.10 (CRIMI-
 NAL  NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND
 DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE  SECOND
 DEGREE)  OF  THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST
 DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF  SEXUAL  CONDUCT  AGAINST  A
 CHILD)  OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL
 LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL  LAW;  490.45
 (CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE
 FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP-

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 ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE  PENAL  LAW;  ACTS
 CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN
 COMMITTED  AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED
 OFFENSE  DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW
 WHEN COMMITTED AS AN ACT OF TERRORISM; OR  ACTS  CONSTITUTING  A  FELONY
 DEFINED  IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY A
 PERSON AT LEAST SIXTEEN  BUT  LESS  THAN  SEVENTEEN  YEARS  OF  AGE,  OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, AT LEAST SIXTEEN BUT LESS
 THAN EIGHTEEN YEARS OF AGE.
   9.  "Designated  class  A  felony  act"  means a designated felony act
 [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE  A
 CLASS A FELONY IF COMMITTED BY AN ADULT.
   § 58. Subdivision 1 of section 302.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  The  family  court  has  exclusive  original jurisdiction over any
 proceeding to determine  whether  a  person  is  a  juvenile  delinquent
 COMMENCED  IN  FAMILY  COURT  AND CONCURRENT JURISDICTION WITH THE YOUTH
 PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE  FAMILY
 COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW.
   § 59. Section 304.1 of the family court act, as added by  chapter  920
 of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws
 of 1987, is amended to read as follows:
   § 304.1. Detention. 1. A facility certified by the [state division for
 youth]  OFFICE  OF  CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
 facility must be operated in conformity  with  the  regulations  of  the
 [state  division  for  youth  and shall be subject to the visitation and
 inspection of the state board of social welfare] OFFICE OF CHILDREN  AND
 FAMILY SERVICES.
   2.  No child to whom the provisions of this article may apply shall be
 detained in any prison, jail, lockup, or other  place  used  for  adults
 convicted  of  crime  or under arrest and charged with crime without the
 approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES in the case of each child and  the  statement  of  its  reasons
 therefor.   The [state division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES shall promulgate and publish the rules which it shall apply  in
 determining whether approval should be granted pursuant to this subdivi-
 sion.
   3.  [The  detention  of  a  child  under  ten years of age in a secure
 detention facility shall not be directed under any of the provisions  of
 this article.
   4.] A detention facility which receives a child under subdivision four
 of  section  305.2  OF  THIS  PART  shall immediately notify the child's
 parent or other person legally responsible for his OR HER  care  or,  if
 such  legally responsible person is unavailable the person with whom the
 child resides, that he OR SHE has been placed in detention.
   § 60. Subdivision 1 of section 304.2 of the family court act, as added
 by chapter 683 of the laws of 1984, is amended to read as follows:
   (1) Upon application by the presentment agency, OR UPON APPLICATION BY
 THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
 issue a temporary order of protection  against  a  respondent  for  good
 cause  shown,  ex  parte or upon notice, at any time after a juvenile is
 taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
 ance of an appearance ticket pursuant  to  section  307.1  or  upon  the
 filing of a petition pursuant to section 310.1 OF THIS PART.

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   § 61. Subdivision 1 of section 305.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  A  private  person may take a child [under the age of sixteen] WHO
 MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING  AN  ACT
 THAT  WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
 which [he] SUCH PRIVATE PERSON may arrest an adult  for  a  crime  under
 section 140.30 of the criminal procedure law.
   § 62. Subdivision 2 of section 305.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   2.  An  officer may take a child [under the age of sixteen] WHO MAY BE
 SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR  COMMITTING  AN  ACT  THAT
 WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
 in cases in which [he] THE OFFICER may arrest a person for a crime under
 article one hundred forty of the criminal procedure law.
   §  63.  Paragraph  (b) of subdivision 4 of section 305.2 of the family
 court act, as amended by chapter 492 of the laws of 1987, is amended  to
 read as follows:
   (b)  forthwith  and with all reasonable speed take the child directly,
 and without his first being taken to the police station  house,  to  the
 family  court  located  in  the  county in which the act occasioning the
 taking into custody allegedly was committed, OR, WHEN THE  FAMILY  COURT
 IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
 BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
 MENT  TO  CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
 officer determines that it is necessary to question the child, in  which
 case  he OR SHE may take the child to a facility designated by the chief
 administrator of the courts as a suitable place for the  questioning  of
 children  or,  upon  the  consent  of  a  parent or other person legally
 responsible for the care of the child,  to  the  child's  residence  and
 there question him OR HER for a reasonable period of time; or
   §  64.  Subdivision  1  of  section  306.1 of the family court act, as
 amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
 follows:
   1.  Following  the  arrest  of a child alleged to be a juvenile delin-
 quent, or the filing of a delinquency petition involving a child who has
 not been arrested, the arresting officer  or  other  appropriate  police
 officer  or  agency shall take or cause to be taken fingerprints of such
 child if:
   (a) the child is eleven years of age or older and the crime  which  is
 the  subject  of  the arrest or which is charged in the petition consti-
 tutes a class [A or B] A-I felony; [or] (b) THE CHILD IS TWELVE YEARS OF
 AGE OR OLDER AND THE CRIME WHICH IS THE SUBJECT OF THE ARREST  OR  WHICH
 IS CHARGED IN THE PETITION CONSTITUTES A CLASS A OR B FELONY; OR
   (C) the child is thirteen years of age or older and the crime which is
 the  subject  of  the arrest or which is charged in the petition consti-
 tutes a class C, D or E felony.
   § 65. Subdivisions 2 and 4 of section 307.3 of the family  court  act,
 subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi-
 sion  4 as added by chapter 920 of the laws of 1982, are amended to read
 as follows:
   2. When practicable such agency may release a child before the  filing
 of  a  petition  to  the  custody  of his OR HER parents or other person
 legally responsible for his OR HER care, or if such legally  responsible
 person is unavailable, to a person with whom he OR SHE resides, when the
 events occasioning the taking into custody appear to involve allegations

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

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 AN ADULT, THE PROBATION SERVICE MUST DILIGENTLY ATTEMPT  TO  ADJUST  THE
 CASE.    SUCH  ATTEMPTS  MAY  INCLUDE THE USE OF A JUVENILE REVIEW BOARD
 COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH  THE  CHILD  AND
 HIS  OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.  THE
 PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
 MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL  BENE-
 FIT  FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR
 THE TIME FOR ADJUSTMENT HAS EXPIRED.
   (C) The inability of the respondent or  his  or  her  family  to  make
 restitution shall not be a factor in a decision to adjust a case or in a
 recommendation  to the presentment agency pursuant to subdivision six of
 this section.
   (D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT  FOR  A
 TEMPORARY  ORDER  OF  PROTECTION  AS PART OF THE ADJUSTMENT OF A CASE IN
 ACCORDANCE WITH SECTION 304.2 OF THIS PART.
   (E) Nothing in this section shall prohibit the  probation  service  or
 the  court  from directing a respondent to obtain employment and to make
 restitution from the earnings from  such  employment.  Nothing  in  this
 section shall prohibit the probation service or the court from directing
 an eligible person to complete an education reform program in accordance
 with section four hundred fifty-eight-l of the social services law.
   3.  The  probation  service  shall  not  ATTEMPT TO adjust a case THAT
 COMMENCED IN FAMILY COURT in which the child has allegedly  committed  a
 designated  felony  act  THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED
 PHYSICAL INJURY TO A  PERSON  unless  [it]  THE  PROBATION  SERVICE  has
 received the written approval of the court.
   9.  Efforts  at  adjustment  [pursuant  to  rules of court] under this
 section may not extend for a period of more than two  months  [without],
 OR,  FOR  A  PERIOD  OF  MORE  THAN FOUR MONTHS IF THE PROBATION SERVICE
 DETERMINES THAT ADJUSTMENT BEYOND THE  FIRST  TWO  MONTHS  IS  WARRANTED
 BECAUSE  DOCUMENTED  BARRIERS  TO ADJUSTMENT EXIST OR CHANGES NEED TO BE
 MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
 may extend the ADJUSTMENT period for an additional two months.
   12. The probation service shall certify to the  division  of  criminal
 justice  services  and  to  the  appropriate  police  department  or law
 enforcement agency whenever it adjusts a case  in  which  the  potential
 respondent's  fingerprints  were taken pursuant to section 306.1 OF THIS
 PART 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.
   §  67.  Paragraph  (c) of subdivision 3 of section 311.1 of the family
 court act, as added by chapter 920 of the laws of 1982,  is  amended  to
 read as follows:
   (c)  the fact that the respondent is a person [under sixteen years of]
 OF THE NECESSARY age TO BE A JUVENILE DELINQUENT  at  the  time  of  the
 alleged act or acts;

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   §  68.  Subdivision  3  of  section  320.5  of the family court act is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, THE COURT
 SHALL NOT DIRECT DETENTION IF:
   (I) THE EVENTS UNDERLYING THE INITIAL  APPEARANCE  APPEAR  TO  INVOLVE
 ONLY  ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO
 MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II) SUCH EVENTS APPEAR TO INVOLVE ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
 THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN  ACT
 THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
 ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   (4) THE RESPONDENT WAS ASSESSED  AT  A  LOW  RISK  ON  THE  APPLICABLE
 DETENTION  RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES-
 SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK  TO  PUBLIC
 SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER.
   §  69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the
 family court act, paragraph (a) as amended by chapter 37 of the laws  of
 2016  and paragraph (b) as added by chapter 920 of the laws of 1982, are
 amended to read as follows:
   (a) If the court finds that there is probable cause  to  believe  that
 the respondent committed a felony, it shall order the respondent commit-
 ted  to  the custody of the commissioner of mental health or the commis-
 sioner of THE OFFICE FOR 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 application to the court by
 the commissioner having custody or his or her designee. Such application
 must be made not more than sixty days prior to the  expiration  of  such
 period  on forms that have been prescribed by the chief administrator of
 the courts. At that time, the commissioner must give written  notice  of
 the application to the respondent, the counsel representing the respond-
 ent and the mental hygiene legal service if the respondent is at a resi-
 dential  facility.  Upon  receipt  of  such  application, the court must
 conduct a hearing to determine the issue of capacity. If, at the conclu-
 sion of a hearing conducted pursuant  to  this  subdivision,  the  court
 finds that the respondent is no longer incapacitated, he or she shall be
 returned  to  the  family court for further proceedings pursuant to this
 article. If the court is 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  neces-
 sary  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 birthday 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

 S. 2006--A                         117                        A. 3006--A
 
 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.
   §  70.  Subdivisions 1 and 5 of section 325.1 of the family court act,
 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
 5 as added by chapter 920 of the laws of 1982, are amended  to  read  as
 follows:
   1.  At  the  initial  appearance,  if  the  respondent denies a charge
 contained in the petition and the court determines  IN  ACCORDANCE  WITH
 THE  REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
 shall be detained for more than three days pending a fact-finding  hear-
 ing,  the court shall schedule a probable-cause hearing to determine the
 issues specified in section 325.3 OF THIS PART.
   5. Where the petition consists of an  order  of  removal  pursuant  to
 article  seven hundred twenty-five of the criminal procedure law, unless
 the removal was pursuant to subdivision three of section 725.05 of  such
 law  and the respondent was not afforded a probable cause hearing pursu-
 ant to subdivision three 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 OF THIS PART.
   §  71.  Paragraph  (a) of subdivision 2 of section 352.2 of the family
 court act, as amended by chapter 880 of the laws of 1985, is amended  to
 read as follows:
   (a)  In  determining an appropriate order the court shall consider the
 needs and best interests of the respondent  as  well  as  the  need  for
 protection  of  the  community. If the respondent has committed a desig-
 nated felony act the court shall determine the  appropriate  disposition
 in  [accord]  ACCORDANCE  with  section 353.5 OF THIS PART. In all other
 cases the court shall order the least restrictive available  alternative
 enumerated  in  subdivision one OF THIS SECTION which is consistent with
 the needs and  best  interests  of  the  respondent  and  the  need  for
 protection of the community; PROVIDED, HOWEVER, THAT THE COURT SHALL NOT
 DIRECT  THE  PLACEMENT  OF  A  RESPONDENT  WITH A COMMISSIONER OF SOCIAL
 SERVICES OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IF:
   (I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE  NO  MORE
 THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II)  THE  RESPONDENT  ONLY  COMMITTED ACTS THAT WOULD CONSTITUTE MORE
 THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
 IF:
   (1) THE ACTS DID NOT RESULT IN  ANY  PHYSICAL  INJURY  AS  DEFINED  IN
 SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
 THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN  ACT
 THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
 ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  PRE-
 DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHIL-
 DREN  AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A PLACE-
 MENT IS NECESSARY BECAUSE THE RESPONDENT  OTHERWISE  POSES  AN  IMMINENT

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 RISK  TO  PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN
 THE COURT ORDER.
   § 72. The opening paragraph of subparagraph (iii) of paragraph (a) and
 paragraph (d) of subdivision 4 of section 353.5 of the family court act,
 as amended by section 6 of subpart A of part G of chapter 57 of the laws
 of 2012, are amended to read as follows:
   after  the  period  set under subparagraph (ii) of this paragraph, the
 respondent shall be placed in a residential facility  for  a  period  of
 twelve months; provided, however, that if the respondent has been placed
 from  a family court in a social services district operating an approved
 juvenile justice services close to home initiative pursuant  to  section
 four  hundred  four of the social services law FOR AN ACT COMMITTED WHEN
 THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time  frames  in
 subparagraph (ii) of this paragraph are met:
   (d)  Upon  the  expiration  of the initial period of placement, or any
 extension thereof, the placement may  be  extended  in  accordance  with
 section  355.3  on a petition of any party or the office of children and
 family services, or, if applicable, a social services district operating
 an approved juvenile justice services close to home initiative  pursuant
 to  section four hundred four of the social services law, after a dispo-
 sitional hearing, for an additional period not to exceed twelve  months,
 but  no  initial  placement or extension of placement under this section
 may continue beyond the respondent's twenty-first birthday, OR,  FOR  AN
 ACT  THAT  WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR
 OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   § 73. Paragraph (d) of subdivision 4 of section 353.5  of  the  family
 court  act, as amended by chapter 398 of the laws of 1983, is amended to
 read as follows:
   (d) Upon the expiration of the initial period  of  placement,  or  any
 extension  thereof,  the  placement  may  be extended in accordance with
 section 355.3 on a petition of any party or  the  [division  for  youth]
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES after a dispositional hearing,
 for an additional period not to exceed twelve  months,  but  no  initial
 placement  or  extension  of  placement  under this section may continue
 beyond the respondent's twenty-first birthday, OR, FOR AN ACT  THAT  WAS
 COMMITTED  WHEN  THE  RESPONDENT  WAS SIXTEEN YEARS OF AGE OR OLDER, THE
 RESPONDENT'S TWENTY-THIRD BIRTHDAY.
   § 74. Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
 act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi-
 sions  2,  6  and  7  as amended by chapter 645 of the laws of 1996, are
 amended to read as follows:
   1. If a person whose  fingerprints,  palmprints  or  photographs  were
 taken  pursuant  to  section  306.1  or was initially fingerprinted as a
 juvenile offender and the action is subsequently  removed  to  a  family
 court  pursuant  to  article  seven  hundred twenty-five of the criminal
 procedure law is adjudicated to be a juvenile delinquent for  a  felony,
 the  family court shall forward or cause to be forwarded to the division
 of criminal justice services notification of such adjudication and  such
 related  information  as  may  be  required  by such division, provided,
 however, in the case of a person eleven [or twelve] years  of  age  such
 notification  shall  be  provided only if the act upon which the adjudi-
 cation is based would constitute a class [A or B] A-1 felony OR, IN  THE
 CASE  OF  A  PERSON  TWELVE  YEARS  OF  AGE,  SUCH NOTIFICATION SHALL BE
 PROVIDED ONLY IF THE ACT UPON WHICH  THE  ADJUDICATION  IS  BASED  WOULD
 CONSTITUTE A CLASS A OR B FELONY.

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   2.  If  a  person  whose  fingerprints, palmprints or photographs were
 taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
 juvenile offender and the action is subsequently removed to family court
 pursuant  to article seven hundred twenty-five of the criminal procedure
 law  has had all petitions disposed of by the family court in any manner
 other than an adjudication of juvenile delinquency for a felony, but  in
 the case of acts committed when such person was eleven [or twelve] years
 of  age  which would constitute a class [A or B] A-1 felony only, OR, IN
 THE CASE OF ACTS COMMITTED WHEN SUCH PERSON  WAS  TWELVE  YEARS  OF  AGE
 WHICH  WOULD  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, all such finger-
 prints, palmprints, photographs, and copies thereof, and all information
 relating to such  allegations  obtained  by  the  division  of  criminal
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The  clerk of the court shall notify the commissioner of the division of
 criminal justice services and the heads of all  police  departments  and
 law  enforcement  agencies  having  copies  of  such  records, who shall
 destroy such records without unnecessary delay.
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
 acts  committed  when  such a person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently  convicted  of  a
 crime, all fingerprints and related information obtained by the division
 of  criminal justice services pursuant to such section and not destroyed
 pursuant to subdivisions two, five and seven or  subdivision  twelve  of
 section 308.1 shall become part of such division's permanent adult crim-
 inal record for that person, notwithstanding section 381.2 or 381.3.
   7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
 quently adjudicated a juvenile delinquent for a felony, but in the  case
 of  acts  committed when such person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
 has been discharged from placement under this act  for  at  least  three
 years,  whichever occurs later, and has no criminal convictions or pend-
 ing  criminal  actions  which  ultimately  terminate   in   a   criminal
 conviction,  all  fingerprints,  palmprints,  photographs,  and  related
 information and copies thereof obtained pursuant to section 306.1 in the
 possession of the division of  criminal  justice  services,  any  police
 department,  law  enforcement  agency  or  any  other  agency  shall  be
 destroyed forthwith. The division of  criminal  justice  services  shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion  pursuant  to  section  306.1  of their obligation to destroy those
 records in their possession. In the case of a  pending  criminal  action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   §  75.  Subdivision  6  of  section  355.3 of the family court act, as
 amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
 follows:
   6. Successive extensions of placement under this section may be grant-
 ed,  but  no  placement may be made or continued beyond the respondent's
 eighteenth birthday without  the  child's  consent  FOR  ACTS  COMMITTED
 BEFORE  THE  RESPONDENT'S  SIXTEENTH  BIRTHDAY  and in no event past the
 child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
 OF SECTION 353.5 OF THIS PART.

 S. 2006--A                         120                        A. 3006--A
 
   § 76. Paragraph (b) of subdivision 3 of section 355.5  of  the  family
 court  act, as amended by chapter 145 of the laws of 2000, is amended to
 read as follows:
   (b)  subsequent  permanency hearings shall be held no later than every
 twelve months following the respondent's initial twelve months in place-
 ment BUT IN  NO  EVENT  PAST  THE  RESPONDENT'S  TWENTY-FIRST  BIRTHDAY;
 provided, however, that they shall be held in conjunction with an exten-
 sion  of placement hearing held pursuant to section 355.3 of this [arti-
 cle] PART.
   § 77. Section 360.3 of the family court act is amended by adding a new
 subdivision 7 to read as follows:
   7.  NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE  DETAINED  UNDER
 SUBDIVISION  TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF THIS
 SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME
 IF COMMITTED BY AN ADULT  UNLESS  THE  COURT  DETERMINES  (A)  THAT  THE
 RESPONDENT  POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
 THE REASONS FOR THE FINDING ON THE RECORD OR (B) THE  RESPONDENT  IS  ON
 PROBATION  FOR  AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY AS DEFINED
 IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT AND  THE  USE
 OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS.
   §  78. Subdivisions 5 and 6 of section 371 of the social services law,
 subdivision 5 as added by chapter 690 of the laws of 1962, and  subdivi-
 sion  6  as  amended  by chapter 596 of the laws of 2000, are amended to
 read as follows:
   5. "Juvenile delinquent" means a person  [over  seven  and  less  than
 sixteen  years of age who does any act which, if done by an adult, would
 constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
   6. "Person in need of supervision" means a person [less than  eighteen
 years of age who is habitually truant or who is incorrigible, ungoverna-
 ble  or habitually disobedient and beyond the lawful control of a parent
 or other person legally responsible for  such  child's  care,  or  other
 lawful  authority]  AS  DEFINED  IN  SECTION SEVEN HUNDRED TWELVE OF THE
 FAMILY COURT ACT.
   § 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi-
 vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of
 the laws of 2011 and subdivision 4 as added by chapter 465 of  the  laws
 of 1992, are amended to read as follows:
   3.  "Detention" means the temporary care and maintenance of youth held
 away from their homes pursuant to article three [or seven] of the family
 court act, or held pending a hearing for alleged violation of the condi-
 tions of release from an office of children and family services facility
 or authorized agency, or held pending a hearing for alleged violation of
 the condition of parole as a juvenile offender, or held  pending  return
 to a jurisdiction other than the one in which the youth is held, or held
 pursuant  to  a  securing  order  of a criminal court if the youth named
 therein as principal is charged as a juvenile offender or held pending a
 hearing on an extension of placement  or  held  pending  transfer  to  a
 facility  upon commitment or placement by a court OR PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT IF THE PETITION PURSUANT TO  SUCH  ARTICLE
 WAS  FILED  PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY. Only alleged or
 convicted juvenile offenders who have not attained their eighteenth  OR,
 COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN, THEIR TWENTY-FIRST
 birthday shall be subject to detention in a detention facility.
   4. For purposes of this article, the term "youth" shall [be synonymous
 with the term "child" and means] MEAN a person not less than seven years

 S. 2006--A                         121                        A. 3006--A
 
 of age and not more than twenty OR COMMENCING JANUARY FIRST,  TWO  THOU-
 SAND NINETEEN, NOT MORE THAN TWENTY-TWO years of age.
   §  80.  Paragraph  (a)  of  subdivision 2 and subdivision 5 of section
 507-a of the executive law, as amended by chapter 465  of  the  laws  of
 1992, are amended to read as follows:
   (a) Consistent with other provisions of law, only those youth who have
 reached the age of [seven] TEN but who have not reached the age of twen-
 ty-one  may  be  placed in[, committed to or remain in] the [division's]
 custody OF THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES.  EXCEPT  AS
 PROVIDED  FOR  IN  PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
 REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY  OF  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES.
   (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES  AS  A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
 THE CUSTODY OF THE OFFICE DURING THE  PERIOD  OF  HIS  OR  HER  SENTENCE
 BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION  FIVE OF SECTION FIVE HUNDRED EIGHT OF THIS TITLE BUT IN NO EVENT
 MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS  OR  HER
 TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO HAVE COMMITTED A DESIG-
 NATED  CLASS  A  FELONY  ACT WHO IS RESTRICTIVELY PLACED WITH THE OFFICE
 UNDER SUBDIVISION FOUR OF SECTION 353.5 OF  THE  FAMILY  COURT  ACT  FOR
 COMMITTING  AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY REMAIN
 IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP  TO  THE
 AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT ORDER.
   (A-2)  Whenever  it shall appear to the satisfaction of the [division]
 OFFICE OF CHILDREN AND FAMILY SERVICES that any youth  placed  therewith
 is  not  of  proper age to be so placed or is not properly placed, or is
 mentally or physically incapable of being materially  benefited  by  the
 program  of the [division] OFFICE, the [division] OFFICE shall cause the
 return of such youth to the county from which placement was made.
   5. Consistent with other provisions of law, in the discretion  of  the
 [director,  youth]  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT  who
 attain the age of eighteen while in [division] custody OF THE OFFICE AND
 WHO  ARE  NOT  REQUIRED  TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
 RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY  COURT  may  reside  in  a
 non-secure  facility  until  the  age  of twenty-one, provided that such
 youth attend a full-time vocational or educational program and are like-
 ly to benefit from such program.
   § 81.  Paragraphs (a), (b), (c), (d) and  (e)  of  subdivision  2  and
 subdivision 4 of section 508 of the executive law are REPEALED.
   §  82.  Subdivisions  1,  2, 3, 5, 6, 7, 8 and 9 of section 508 of the
 executive law, subdivision 1 as amended by chapter 738 of  the  laws  of
 2004,  subdivision  2  as  amended  by  chapter 572 of the laws of 1985,
 subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered
 by chapter 465 of the laws of 1992, subdivisions 5, 6 and 7  as  amended
 by  section 97 of subpart B of part C of chapter 62 of the laws of 2011,
 subdivision 8 as added by chapter 560 of the laws of 1984  and  subdivi-
 sion  9  as amended by chapter 37 of the laws of 2016, are amended and a
 new subdivision 1-a is added to read as follows:
   1. The office of children and family services shall maintain  [secure]
 facilities  for the care and confinement of juvenile offenders committed
 [for an indeterminate, determinate or definite sentence] TO  THE  OFFICE
 pursuant  to the sentencing provisions of the penal law. Such facilities
 shall provide appropriate services to juvenile offenders  including  but

 S. 2006--A                         122                        A. 3006--A
 
 not  limited  to  residential care, educational and vocational training,
 physical and mental health services, and employment counseling.
   1-A.    (A)  (I) THE STATE SHALL ESTABLISH ONE OR MORE FACILITIES WITH
 ENHANCED SECURITY FEATURES AND SPECIALLY TRAINED STAFF  TO  SERVE  THOSE
 YOUTH  SENTENCED  FOR  COMMITTING  OFFENSES  ON OR AFTER THEIR SIXTEENTH
 BIRTHDAY WHO ARE  DETERMINED,  BASED  ON  THE  PLACEMENT  CLASSIFICATION
 PROTOCOL  ESTABLISHED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, TO
 NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES.
   (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN
 AND FAMILY SERVICES, THE COMMISSIONER OF THE DEPARTMENT  OF  CORRECTIONS
 AND  COMMUNITY  SUPERVISION, THE COMMISSIONER OF THE STATE COMMISSION OF
 CORRECTION, AND THE COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE FACILITY.
 THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL
 HAVE THE POWER TO PERFORM ALL ACTS NECESSARY TO  CARRY  OUT  ITS  DUTIES
 INCLUDING  MAKING  UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT
 ANY TIME. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  STATE  LAW  TO  THE
 CONTRARY,  THE  COUNCIL  MAY  REQUEST AND THE OFFICE SHALL SUBMIT TO THE
 COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN  THE
 FORM  AND  MANNER  AND  AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS
 APPROPRIATE TO THE PURPOSES AND OPERATION OF THE  COUNCIL.  THE  COUNCIL
 SHALL  BE  SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE
 PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO  THE
 COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF
 TO, PERSONS NOT AUTHORIZED BY LAW.
   (III)  YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE
 FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH  THE
 TYPES  OF  YOUTH  PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES.
 ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A  YOUTH  DIVISION  AIDE
 SHALL  BE  SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG-
 ICAL SCREENING AS APPLICANTS FOR  EMPLOYMENT  AS  CORRECTIONAL  OFFICERS
 WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO
 SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE
 INDEPENDENT   ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO  SUCH  SECTION,
 PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN  SUCH  SECTION  "DEPARTMENT"
 SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER"
 SHALL  MEAN  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES. ALL STAFF OF THE FACILITY SHALL  BE  SUBJECT  TO  RANDOM  DRUG
 TESTS.
   (B)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO
 ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS,
 WITH THE SECURITY ISSUES RELATING TO OPERATING  FACILITIES  SERVING  THE
 ADDITIONAL YOUTH SENTENCED TO THE OFFICE.
   (C)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION AND THE OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO
 BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN  AND  FAMILY
 SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER-
 MINE  THE  APPROPRIATE  LEVEL  OF  CARE  FOR EACH YOUTH SENTENCED TO THE
 OFFICE.  THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED  TO,
 CONSIDERATION  OF  THE  NATURE  OF  THE  YOUTH'S OFFENSE AND THE YOUTH'S
 HISTORY AND SERVICE NEEDS.

 S. 2006--A                         123                        A. 3006--A
 
   (D) ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY
 SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
 RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
 PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
 THE  YOUTHS'  HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM-
 MING, SERVICES AND TREATMENT IN SMALL, CLOSELY  SUPERVISED  GROUPS  THAT
 OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
 IVE PEER RELATIONSHIPS.
   2.  Juvenile  offenders  COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
 PRIOR TO THE AGE OF SIXTEEN shall be confined in such  facilities  until
 the  age of twenty-one IN ACCORDANCE WITH THEIR SENTENCES, and shall not
 be released, discharged or permitted home visits except pursuant to  the
 provisions of this section.
   3.  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report
 in writing to the sentencing court and district attorney, not less  than
 once  every  six months during the period of confinement, on the status,
 adjustment, programs and progress of the offender.
   [5.] 4. The office of children and family  services  may  transfer  an
 offender  not less than eighteen [nor more than twenty-one] years of age
 to the department  of  corrections  and  community  supervision  if  the
 commissioner  of the office certifies to the commissioner of corrections
 and community supervision that there is no substantial  likelihood  that
 the youth will benefit from the programs offered by office facilities.
   [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
 THE  OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH-
 DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
 transferred AT AGE TWENTY-ONE  to  the  custody  of  the  department  of
 corrections  and  community  supervision for confinement pursuant to the
 correction law.
   [7.] (B) ALL OFFENDERS COMMITTED OR  TRANSFERRED  TO  THE  OFFICE  FOR
 COMMITTING  A  CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE
 TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE
 CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  FOR
 CONFINEMENT PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF
 CARE  IN  OFFICE  OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY
 ARE WITHIN FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION  OF  THEIR
 SENTENCE AND THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE
 BASIS  THAT  THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE OFFICE FOR
 THE ADDITIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE
 THEIR SENTENCE. IN MAKING SUCH A DETERMINATION, THE FACTORS  THE  OFFICE
 MAY  CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH, THE
 AMOUNT OF TIME REMAINING ON THE YOUTH'S SENTENCE  OF  IMPRISONMENT,  THE
 LEVEL  OF  THE  YOUTH'S PARTICIPATION IN THE PROGRAM, THE YOUTH'S EDUCA-
 TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
 THROUGH THE OFFICE AND THROUGH THE DEPARTMENT, AND  THE  LENGTH  OF  THE
 YOUTH'S  POST-RELEASE  SUPERVISION  SENTENCE.  NOTHING IN THIS PARAGRAPH
 SHALL AUTHORIZE A YOUTH TO REMAIN IN AN OFFICE FACILITY  BEYOND  HIS  OR
 HER TWENTY-THIRD BIRTHDAY.
   (C)  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND NINETEEN, ALL JUVENILE
 OFFENDERS WHO ARE ELIGIBLE TO BE RELEASED FROM AN OFFICE OF CHILDREN AND
 FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED TO BE  TRANSFERRED  TO
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ARE ABLE
 TO  COMPLETE  THE  FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES
 BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE  OFFICE
 OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION.

 S. 2006--A                         124                        A. 3006--A
 
   (D)  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND NINETEEN, ALL JUVENILE
 OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL-
 ITY BEFORE THEY ARE TRANSFERRED TO THE  DEPARTMENT  OF  CORRECTIONS  AND
 COMMUNITY  SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF THEIR
 POST-RELEASE  SUPERVISION  SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS
 OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD
 OF  SENTENCE,  OR  EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE
 SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE  SHALL
 ASSIST  SUCH  DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER-
 VISION.
   6. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except that his  OR  HER  parole,  POST-RELEASE  SUPERVISION,  temporary
 release  and  discharge  shall  be  governed  by  the laws applicable to
 inmates of state correctional facilities and  his  OR  HER  transfer  to
 state  hospitals  in  the  office  of mental health shall be governed by
 section five hundred nine of this chapter; PROVIDED,  HOWEVER,  THAT  AN
 OTHERWISE  ELIGIBLE  JUVENILE OFFENDER MAY RECEIVE THE SIX-MONTH LIMITED
 CREDIT TIME ALLOWANCE  FOR  SUCCESSFUL  PARTICIPATION  IN  ONE  OR  MORE
 PROGRAMS  DEVELOPED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT
 ARE COMPARABLE TO THE  PROGRAMS  SET  FORTH  IN  SECTION  EIGHT  HUNDRED
 THREE-B  OF  THE  CORRECTION  LAW,  TAKING INTO CONSIDERATION THE AGE OF
 JUVENILE OFFENDERS.   The commissioner of the  office  of  children  and
 family  services shall, however, establish and operate temporary release
 programs at office  of  children  and  family  services  facilities  AND
 PROVIDE  POST-RELEASE  SUPERVISION  for  eligible juvenile offenders and
 [contract with the department of corrections and  community  supervision
 for  the  provision of parole] PROVIDE supervision [services] for tempo-
 rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION.  The rules and
 regulations for these programs shall not be inconsistent with  the  laws
 for temporary release AND POST-RELEASE SUPERVISION applicable to inmates
 of  state correctional facilities. For the purposes of temporary release
 programs for juvenile offenders only, when referred  to  or  defined  in
 article  twenty-six  of the correction law, "institution" shall mean any
 facility designated by the commissioner of the office  of  children  and
 family  services,  "department"  shall  mean  the office of children and
 family services, "inmate" shall mean a juvenile offender residing in  an
 office  of  children  and  family  services facility, and "commissioner"
 shall mean the [director] COMMISSIONER of the  office  of  children  and
 family  services.  FOR THE PURPOSES OF SUCH POST-RELEASE SUPERVISION FOR
 JUVENILE OFFENDERS UNDER PARAGRAPH  (C)  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION  ONLY,  WHEN  REFERRED  TO  IN SECTION 70.45 OF THE PENAL LAW OR
 ARTICLE  TWELVE-B  OF  THE  EXECUTIVE  LAW,  THE  TERM  "DEPARTMENT   OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION",  "DEPARTMENT",  "DIVISION  OF
 PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE
 OF CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL  MEAN
 THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES. Time spent in office of
 children and family services facilities and in juvenile detention facil-
 ities shall be credited towards the sentence imposed in the same  manner
 and  to  the  same  extent  applicable  to inmates of state correctional
 facilities.
   [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
 cated a youthful offender shall be delivered to the director of [a divi-
 sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
 pursuant to a commitment to the [director of  the  division  for  youth]

 S. 2006--A                         125                        A. 3006--A
 
 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 THE OFFICE FOR PERSONS WITH  developmental  disa-
 bilities, as appropriate; a case review panel; and the attorney general;
 in  accordance  with the provisions of article ten of the mental hygiene
 law.
   § 83. Section 712 of the family court act, as amended by  chapter  920
 of  the  laws of 1982, subdivision (a) as amended by section 7 of part G
 of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
 465 of the laws of 1992, subdivision (g) as amended by section 2 of part
 B of chapter 3 of the laws of 2005, subdivision (h) as added by  chapter
 7  of the laws of 1999, subdivision (i) as amended and subdivisions (j),
 (k), (l) and (m) as added by chapter 38 of the laws of 2014, is  amended
 to read as follows:
   § 712. Definitions. As used in this article, the following terms shall
 have the following meanings:
   (a) "Person in need of supervision". A person less than eighteen years
 of  age  who does not attend school in accordance with the provisions of
 part one of article sixty-five of the education law or who is incorrigi-
 ble, ungovernable  or  habitually  disobedient  and  beyond  the  lawful
 control of a parent or other person legally responsible for such child's
 care,  or  other  lawful  authority,  or  who violates the provisions of
 section 221.05 or 230.00 of the penal law, or who appears to be a  sexu-
 ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
 sion  one  of  section four hundred forty-seven-a of the social services
 law, but only if the child consents to the filing of  a  petition  under
 this article.
   (b)  ["Detention". The temporary care and maintenance of children away
 from their own homes as defined in section five hundred two of the exec-
 utive law.
   (c) "Secure detention facility". A  facility  characterized  by  phys-
 ically restricting construction, hardware and procedures.
   (d)  "Non-secure  detention facility". A facility characterized by the
 absence of physically restricting construction, hardware and procedures.
   (e)] "Fact-finding  hearing".  A  hearing  to  determine  whether  the
 respondent did the acts alleged to show that he OR SHE violated a law or
 is  incorrigible,  ungovernable or habitually disobedient and beyond the
 control of his OR HER parents, guardian or legal custodian.
   [(f)] (C) "Dispositional hearing". A hearing to determine whether  the
 respondent requires supervision or treatment.
   [(g)]  (D)  "Aggravated circumstances". Aggravated circumstances shall
 have the same meaning as the definition of such term in subdivision  (j)
 of section one thousand twelve of this act.

 S. 2006--A                         126                        A. 3006--A
 
   [(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.
   §  84. The part heading of part 2 of article 7 of the family court act
 is amended to read as follows:
                          CUSTODY [AND DETENTION]
   § 85. Section 720 of the family court act, as amended by  chapter  419
 of  the laws of 1987, subdivision 3 as amended by section 9 of subpart B
 of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
 of subdivision 5 as added by section 8 of part G of chapter  58  of  the
 laws of 2010, is amended to read as follows:
   § 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-

 S. 2006--A                         127                        A. 3006--A
 
 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.]
   § 86. Section 727 of the family court act is REPEALED.
   § 87. The section heading and subdivisions (c) and (d) of section  728
 of  the family court act, subdivision (d) as added by chapter 145 of the
 laws of 2000, paragraph (i) as added and paragraph (ii)  of  subdivision
 (d)  as  renumbered  by section 5 of part E of chapter 57 of the laws of
 2005, and paragraph (iii) as amended and paragraph (iv)  of  subdivision
 (d)  as  added by section 10 of subpart B of part Q of chapter 58 of the
 laws of 2011, are amended to read as follows:
   Discharge[,] OR release [or detention]  by  judge  after  hearing  and
 before filing of petition in custody cases.
   (c)  An  order  of  release  under  this section may, but need not, be
 conditioned upon the giving of a recognizance in accord with  [sections]
 SECTION seven hundred twenty-four (b) (i).
   [(d)  Upon  a  finding  of facts and reasons which support a detention
 order pursuant to this section, the court shall also determine and state
 in any order directing detention:

 S. 2006--A                         128                        A. 3006--A

   (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.]
   § 88. Section 729 of the family court act is REPEALED.
   § 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of
 section 735 of the family court act, subdivision (b) as amended by chap-
 ter 38 of the laws of 2014, paragraph (i) of subdivision (d) as  amended
 by  chapter  535  of  the  laws  of 2011 and subdivision (f) as added by
 section 7 of part E of chapter 57 of the laws of 2005,  are  amended  to
 read as follows:
   (b) The designated lead agency shall:
   (i)  confer  with any person seeking to file a petition, the youth who
 may be a potential respondent, his or her family, and  other  interested
 persons, concerning the provision of diversion services before any peti-
 tion may be filed; and
   (ii) diligently attempt to prevent the filing of a petition under this
 article or, after the petition is filed, to prevent the placement of the
 youth into foster care; and
   (iii)  assess whether the youth would benefit from residential respite
 services; and
   (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
 IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
 SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
   (V) determine whether alternatives to  detention  are  appropriate  to
 avoid  remand  of the youth to detention INCLUDING WHETHER THE YOUTH AND
 HIS OR HER FAMILY SHOULD BE REFERRED  TO  AN  AVAILABLE  FAMILY  SUPPORT
 CENTER; and
   [(v)]  (VI) determine whether an assessment of the youth for substance
 use disorder by an office of alcoholism  and  substance  abuse  services
 certified provider is necessary when a person seeking to file a petition
 alleges  in  such  petition that the youth is suffering from a substance
 use disorder which could make the youth a danger to himself  or  herself
 or  others.  Provided, however, that notwithstanding any other provision
 of law to the contrary, the designated lead agency shall not be required
 to pay for all or any portion of the costs of such assessment or for any
 substance use disorder or detoxification services, except in cases where
 medical assistance for needy persons may be used to pay for all  or  any
 portion of the costs of such assessment or services. The office of alco-

 S. 2006--A                         129                        A. 3006--A
 
 holism  and  substance abuse services shall make a list of its certified
 providers available to the designated lead agency.
   (i)  providing,  at the first contact, information on the availability
 of or a referral to services in the geographic area where the youth  and
 his  or  her  family  are located that may be of benefit in avoiding the
 need to file a petition under this article; including the  availability,
 for  up  to  twenty-one  days,  of a residential respite program, if the
 youth and his or her parent or other person legally responsible for  his
 or  her care agree, and the availability of other non-residential crisis
 intervention programs such as A FAMILY  SUPPORT  CENTER,  family  crisis
 counseling  or alternative dispute resolution programs or an educational
 program as defined in section four hundred fifty-eight-l of  the  social
 services law.
   (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
 section may extend until the  designated  lead  agency  determines  that
 there  is no substantial likelihood that the youth and his or her family
 will benefit from further attempts. Efforts  at  diversion  pursuant  to
 this  section  may  continue  after  the  filing of a petition where the
 designated lead agency determines that the youth and his or  her  family
 will  benefit  from  further  attempts to prevent PLACEMENT OF the youth
 [from entering foster care] IN ACCORDANCE  WITH  SECTION  SEVEN  HUNDRED
 FIFTY-SIX OF THIS ARTICLE.
   §  90.  Section 739 of the family court act, as amended by chapter 920
 of the laws of 1982, subdivision (a) as amended by section 10 of part  G
 of  chapter  58 of the laws of 2010, subdivision (c) as added by chapter
 145 of the laws of 2000, is amended to read as follows:
   § 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

 S. 2006--A                         130                        A. 3006--A

 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].
   §  91.  Section 741-a of the family court act, as amended by section 3
 of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
 follows:
   §  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.
   § 92. Section 747 of the family court act is REPEALED.
   § 93. Section 748 of the family court act is REPEALED.
   §  94.  Subdivision  (b)  of  section  749 of the family court act, as
 amended by chapter 806 of the laws  of  1973,  is  amended  to  read  as
 follows:
   (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
 conclusion of a fact-finding hearing or during a  dispositional  hearing
 to  enable  it  to  make  inquiry  into the surroundings, conditions and
 capacities of the respondent. An [adjournment on the court's motion  may
 not be for a period of more than ten days if the respondent is detained,
 in  which  case  not  more  than a total of two such adjournments may be
 granted in the absence of special circumstances. If  the  respondent  is
 not  detained,  an]  adjournment  may  be for a reasonable time, but the
 total number of adjourned days may not exceed two months.
   § 95. Paragraph (a) of subdivision 2 of  section  754  of  the  family
 court  act,  as  amended  by chapter 7 of the laws of 1999, subparagraph
 (ii) of paragraph (a) as amended by section 20 of part L of  chapter  56
 of the laws of 2015, is amended to read as follows:
   (a)  The  order  shall  state  the  court's reasons for the particular
 disposition. If the court places the child in  accordance  with  section
 seven  hundred  fifty-six  of  this  part,  the court in its order shall
 determine: (i) whether continuation in the child's home would be contra-
 ry to the best interest of the child and where appropriate, that reason-
 able efforts were made prior to the date of  the  dispositional  hearing
 held  pursuant  to  this  article  to  prevent or eliminate the need for
 removal of the child from his or her home and, if the child was  removed
 from  his  or  her  home  prior  to  the date of such hearing, that such
 removal was in the child's best interest and, where appropriate, reason-
 able efforts were made to make it possible for the child to return safe-
 ly home. If the court determines that reasonable efforts to  prevent  or
 eliminate  the need for removal of the child from the home were not made
 but that the lack of such efforts  was  appropriate  under  the  circum-
 stances,  the  court order shall include such a finding; and (ii) in the
 case of a child who has attained the age of fourteen, the services need-

 S. 2006--A                         131                        A. 3006--A
 
 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.]
   §  96.  Section 756 of the family court act, as amended by chapter 920
 of the laws of 1982, paragraph (i) of  subdivision  (a)  as  amended  by
 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
 of  subdivision  (a) as amended by section 11 of part G of chapter 58 of
 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
 1999, and subdivision (c) as amended by section 10 of part E of  chapter
 57 of the laws of 2005, is amended to read as follows:
   §  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. 2006--A                         132                        A. 3006--A
 
   § 97. Section 758-a of the family court act, as amended by chapter  73
 of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
 laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
 1996, and subdivision 3 as separately amended by chapter 568 of the laws
 of 1979, is amended to read as follows:
   § 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. 2006--A                         133                        A. 3006--A
 
   § 98. Section 774 of the family  court  act  is  amended  to  read  as
 follows:
   § 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.
   §  98-a.  Article  6 of the social services law is amended by adding a
 new title 12 to read as follows:
                                 TITLE 12
                          FAMILY SUPPORT CENTERS
 SECTION 458-M. FAMILY SUPPORT CENTERS.
         458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
   § 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 AND HELP PREVENT THE OUT OF HOME  PLACE-
 MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING  COGNITIVE  INTER-
 VENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES;
   (G) EDUCATION ADVOCACY; AND
   (H) OTHER FAMILY SUPPORT SERVICES.
   3.  THE  SERVICES THAT ARE PROVIDED SHALL BE TRAUMA RESPONSIVE, FAMILY
 FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS
 BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED NEEDS OF THE CHILD AND
 FAMILY BASED ON THE ASSESSMENTS AND SCREENINGS CONDUCTED BY SUCH  FAMILY
 SUPPORT CENTER.
   4.  FAMILY  SUPPORT  CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
 OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS AND WEEKENDS.
   § 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:

 S. 2006--A                         134                        A. 3006--A
 
   (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE  AMOUNT  OF  FUNDING
 REQUIRED  FOR  FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN
 SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE;
   (B)  RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY
 INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
   (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT  TO  PREVENT  OR
 REDUCE  DETENTION  OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT; AND
   (II)  RELATIVE  TO  THE  YOUTH  POPULATION  OF  SUCH  SOCIAL  SERVICES
 DISTRICT:
   (1)  THE  NUMBER  OF  PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE
 FAMILY COURT ACT; OR
   (2) THE NUMBER  OF  PLACEMENTS  OF  YOUTH  INTO  RESIDENTIAL  CARE  OR
 DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
   (C)  ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT
 TO SUBDIVISION THREE  OF  THIS  SECTION  FOR  PROGRAMS  THAT  PREVIOUSLY
 RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
   (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.
   3.  SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
 REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  THE  FORM  AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   § 98-b. Subdivisions 3, 3-a, 11 and 12 of section 398  of  the  social
 services  law,  subdivision  3  as amended by chapter 419 of the laws of
 1987, paragraph (c) of subdivision 3 as amended by section 19 of part  E
 of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
 as  added  by  chapter  514  of  the  laws of 1976 and subdivision 12 as
 amended by section 12 of subpart B of part Q of chapter 58 of  the  laws
 of 2011, are amended to read as follows:
   3. As to delinquent children [and persons in need of supervision]:
   (a) Investigate complaints as to alleged delinquency of a child.
   (b)  Bring  such case of alleged delinquency when necessary before the
 family court.
   (c) Receive within fifteen days from  the  order  of  placement  as  a
 public  charge  any  delinquent  child committed or placed [or person in
 need of supervision placed] in his or  her  care  by  the  family  court
 provided, however, that the commissioner of the social services district
 with whom the child is placed may apply to the state commissioner or his
 or her designee for approval of an additional fifteen days, upon written
 documentation  to  the  office  of children and family services that the
 youth is in need of specialized treatment or placement and the  diligent
 efforts  by the commissioner of social services to locate an appropriate
 placement.
   [3-a. As to delinquent children:
   (a)] (D) (1) Conditionally release any juvenile delinquent placed with
 the district to aftercare whenever the district  determines  conditional
 release to be consistent with the needs and best interests of such juve-
 nile delinquent, that suitable care and supervision can be provided, and
 that there is a reasonable probability that such juvenile delinquent can
 be  conditionally  released without endangering public safety; provided,
 however, that such conditional release shall be made in accordance  with
 the  regulations  of  the  office  of  children and family services, and
 provided further that no juvenile delinquent while absent from a facili-
 ty or program without the consent of the director of  such  facility  or

 S. 2006--A                         135                        A. 3006--A

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

 S. 2006--A                         136                        A. 3006--A
 
 with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
 who is placed by [the division for youth] SUCH OFFICE with an authorized
 agency  pursuant to court order, the social services official shall make
 expenditures  in  accordance  with the regulations of the department for
 the care and maintenance of such child during the term of such placement
 subject to state reimbursement pursuant to SECTION  ONE  HUNDRED  FIFTY-
 THREE-K  OF  this  [title, or article nineteen-G of the executive law in
 applicable cases] ARTICLE.
   12. A social services official shall be  permitted  to  place  persons
 adjudicated [in need of supervision or] delinquent[, and alleged persons
 to  be in need of supervision] in detention pending transfer to a place-
 ment, in the same foster care facilities as are providing care to desti-
 tute, neglected, abused or abandoned children. Such foster care  facili-
 ties  shall not provide care to a youth in the care of a social services
 official as a convicted juvenile offender.
   § 98-c. Paragraph (a) of subdivision 1 of section 409-a of the  social
 services law, as amended by chapter 87 of the laws of 1993, subparagraph
 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
 as amended by section 22 of part C of chapter 83 of the laws of 2002, is
 amended to read as follows:
   (a)  A social services official shall provide preventive services to a
 child and his or her family, in accordance  with  the  family's  service
 plan  as required by section four hundred nine-e of this [chapter] ARTI-
 CLE and the social  services  district's  child  welfare  services  plan
 submitted  and  approved pursuant to section four hundred nine-d of this
 [chapter] ARTICLE, upon a finding by such official that [(i)] the  child
 will  be  placed,  returned  to  or continued in foster care unless such
 services are provided and that it  is  reasonable  to  believe  that  by
 providing  such  services  the  child  will be able to remain with or be
 returned to his or her family, and for a former foster care youth  under
 the  age of twenty-one who was previously placed in the care and custody
 or custody and guardianship of the local commissioner of social services
 or other officer, board or department authorized to receive children  as
 public  charges where it is reasonable to believe that by providing such
 services the former foster care youth will avoid a return to foster care
 [or (ii) the child is the subject of a petition under article  seven  of
 the  family  court act, or has been determined by the assessment service
 established pursuant to section two hundred forty-three-a of the  execu-
 tive  law,  or by the probation service where no such assessment service
 has been designated, to be at risk of being the subject of such a  peti-
 tion,  and  the social services official determines that the child is at
 risk of placement into foster care]. Such finding shall  be  entered  in
 the  child's  uniform case record established and maintained pursuant to
 section four hundred nine-f of this [chapter] ARTICLE.  The commissioner
 shall promulgate regulations to  assist  social  services  officials  in
 making  determinations  of  eligibility for mandated preventive services
 pursuant to this [subparagraph] PARAGRAPH.
   § 99. Subdivision 1,  the  opening  paragraph  of  subdivision  2  and
 subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
 529-b of the executive law, as added by section 3 of subpart B of part Q
 of chapter 58 of the laws of 2011, are amended to read as follows:
   1.  (a) Notwithstanding any provision of law to the contrary, eligible
 expenditures by an eligible municipality for services to divert youth at
 risk of, alleged to be,  or  adjudicated  as  juvenile  delinquents  [or
 persons  alleged  or adjudicated to be in need of supervision], or youth
 alleged to be or convicted  as  juvenile  offenders  from  placement  in

 S. 2006--A                         137                        A. 3006--A
 
 detention or in residential care shall be subject to state reimbursement
 under  the  supervision and treatment services for juveniles program for
 up to sixty-two percent of the municipality's expenditures,  subject  to
 available  appropriations and exclusive of any federal funds made avail-
 able for such purposes, not to exceed  the  municipality's  distribution
 under the supervision and treatment services for juveniles program.
   (b)  The  state  funds  appropriated for the supervision and treatment
 services for juveniles program shall be distributed to eligible  munici-
 palities  by  the office of children and family services based on a plan
 developed by  the  office  which  may  consider  historical  information
 regarding  the  number  of youth seen at probation intake for an alleged
 act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE  OF
 THE  FAMILY  COURT  ACT,  the number of youth remanded to detention, the
 number of juvenile delinquents placed with the  office,  the  number  of
 juvenile  delinquents  [and  persons  in  need of supervision] placed in
 residential care with the municipality, the municipality's reduction  in
 the  use  of  detention and residential placements, and other factors as
 determined by the office. Such plan developed by  the  office  shall  be
 subject  to  the  approval  of the director of the budget. The office is
 authorized, in its discretion, to make advance distributions to a  muni-
 cipality in anticipation of state reimbursement.
   As  used in this section, the term "municipality" shall mean a county,
 or a city having a population of one million or more,  and  "supervision
 and   treatment  services  for  juveniles"  shall  mean  community-based
 services or programs designed to safely maintain youth in the  community
 pending  a  family court disposition or conviction in criminal court and
 services or programs provided to youth adjudicated  as  juvenile  delin-
 quents [or persons in need of supervision,] or youth alleged to be juve-
 nile  offenders  to  prevent  residential  placement  of such youth or a
 return to placement where such youth have been released to the community
 from residential placement OR PROGRAMS  PROVIDED  TO  YOUTH  ADJUDICATED
 PERSONS  IN  NEED  OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
 Supervision and treatment services for juveniles may include but are not
 limited to services or programs that:
   (i) an analysis that identifies the neighborhoods or communities  from
 which  the  greatest number of juvenile delinquents [and persons in need
 of supervision] are remanded to detention or  residentially  placed  AND
 FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 ARE OFFERED DIVERSION SERVICES;
   (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;
   §  100.  The  opening paragraph and paragraph (a) of subdivision 2 and
 subdivisions 4, 5, 6 and 7 of section 530  of  the  executive  law,  the
 opening  paragraph  of  subdivision  2  and  subdivision 4 as amended by
 section 4 of subpart B of part Q of chapter 58  of  the  laws  of  2011,
 paragraph  (a)  of  subdivision  2  as amended by section 1 of part M of
 chapter 57 of the laws of 2012, subdivision 5 as amended by chapter  920
 of the laws of 1982, subparagraphs 1, 2 and 4 of paragraph (a) and para-
 graph  (b) of subdivision 5 as amended by section 5 of subpart B of part
 Q of chapter 58 of the laws of 2011, subdivision 6 as amended by chapter
 880 of the laws of 1976, and subdivision 7 as amended by  section  6  of

 S. 2006--A                         138                        A. 3006--A
 
 subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
 read as follows:
   [Expenditures]  EXCEPT  AS  PROVIDED  FOR IN SUBDIVISION EIGHT OF THIS
 SECTION, EXPENDITURES made by municipalities in providing care,  mainte-
 nance and supervision to youth in detention facilities designated pursu-
 ant  to  [sections seven hundred twenty and] SECTION 305.2 of the family
 court act and certified by [the division for youth] OFFICE  OF  CHILDREN
 AND  FAMILY SERVICES, shall be subject to reimbursement by the state, as
 follows:
   (a) Notwithstanding any provision of law  to  the  contrary,  eligible
 expenditures  by a municipality during a particular program year for the
 care, maintenance and supervision [in foster care programs certified  by
 the office of children and family services, certified or approved family
 boarding  homes,  and  non-secure  detention facilities certified by the
 office for those youth alleged to be persons in need of  supervision  or
 adjudicated  persons  in  need of supervision held pending transfer to a
 facility upon placement; and] in secure and non-secure detention facili-
 ties certified by the office in accordance  with  section  five  hundred
 three  of  this  article  for  those youth alleged to be juvenile delin-
 quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
 facility upon placement, and juvenile delinquents held at the request of
 the  office  of children and family services pending extension of place-
 ment hearings or release revocation hearings or while awaiting  disposi-
 tion  of such hearings; and youth alleged to be or convicted as juvenile
 offenders AND, PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  YOUTH
 ALLEGED  TO  BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN
 NEED OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY  UPON  PLACEMENT
 IN  FOSTER  CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING  HOMES,  AND  NON-SECURE
 DETENTION  FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state
 reimbursement for up to fifty percent  of  the  municipality's  expendi-
 tures,  exclusive of any federal funds made available for such purposes,
 not to exceed the municipality's distribution from funds that have  been
 appropriated specifically therefor for that program year. Municipalities
 shall  implement  the  use of detention risk assessment instruments in a
 manner prescribed by the office so as  to  inform  detention  decisions.
 Notwithstanding  any  other provision of state law to the contrary, data
 necessary for completion of a detention risk assessment  instrument  may
 be  shared  among law enforcement, probation, courts, detention adminis-
 trators, detention providers,  and  the  attorney  for  the  child  upon
 retention  or appointment; solely for the purpose of accurate completion
 of such  risk  assessment  instrument,  and  a  copy  of  the  completed
 detention  risk  assessment  instrument  shall  be made available to the
 applicable detention provider, the attorney for the child and the court.
   4. (a) The municipality must notify the office of children and  family
 services  of  state  aid received under other state aid formulas by each
 detention facility for which the municipality is  seeking  reimbursement
 pursuant  to  this section, including but not limited to, aid for educa-
 tion, probation and mental health services.
   (b) EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION:   (I)  In
 computing  reimbursement  to  the municipality pursuant to this section,
 the office shall insure that the aggregate of state aid under all  state
 aid formulas shall not exceed fifty percent of the cost of care, mainte-
 nance   and   supervision  provided  to  detainees  eligible  for  state
 reimbursement under subdivision two of this section, exclusive of feder-

 S. 2006--A                         139                        A. 3006--A
 
 al aid for such purposes not to exceed the amount of the  municipality's
 distribution under the juvenile detention services program.
   [(c)]  (II)  Reimbursement  for administrative related expenditures as
 defined by the office of children and family services,  for  secure  and
 nonsecure  detention  services shall not exceed seventeen percent of the
 total approved expenditures for facilities of twenty-five beds  or  more
 and  shall  not exceed twenty-one percent of the total approved expendi-
 tures for facilities with less than twenty-five beds.
   5. (a) Except as provided in paragraph (b) of this subdivision,  care,
 maintenance  and  supervision for the purpose of this section shall mean
 and include only:
   (1) temporary care, maintenance and supervision  provided  TO  alleged
 juvenile  delinquents  and  persons  in need of supervision in detention
 facilities certified pursuant to sections seven hundred twenty and 305.2
 of the family court act by the office of children and  family  services,
 pending  adjudication  of  alleged delinquency or alleged need of super-
 vision by the family court, or pending transfer to institutions to which
 committed or placed by such court or while awaiting disposition by  such
 court after adjudication or held pursuant to a securing order of a crim-
 inal  court  if the person named therein as principal is under [sixteen]
 SEVENTEEN YEARS OF AGE; or[,]
   (1-A) COMMENCING ON JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  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 TWENTY, temporary care, main-
 tenance  and  supervision provided youth detained in foster care facili-
 ties 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.

 S. 2006--A                         140                        A. 3006--A
 
   7. The agency administering detention for each county and the city  of
 New  York shall submit to the office of children and family services, at
 such times and in such form and manner and containing  such  information
 as  required  by  the  office of children and family services, an annual
 report on youth remanded pursuant to article three or seven of the fami-
 ly  court  act  who  are  detained  during each calendar year including,
 commencing January first, two thousand twelve, the risk  level  of  each
 detained  youth  as  assessed  by a detention risk assessment instrument
 approved by the office of children and family services PROVIDED,  HOWEV-
 ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER-
 EAFTER 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.
   § 100-a. Subparagraph 1 of paragraph d of  subdivision  3  of  section
 3214  of  the  education  law,  as amended by chapter 425 of the laws of
 2002, is amended to read as follows:
   (1) Consistent with the  federal  gun-free  schools  act,  any  public
 school  pupil who is determined under this subdivision to have brought a
 firearm to or possessed a firearm at a public school shall be  suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil  participating  in  a program operated by a public school district
 using funds from the elementary and secondary education act of  nineteen
 hundred  sixty-five  who  is  determined  under this subdivision to have
 brought a firearm to or possessed a firearm at a public school or  other
 premises  used  by the school district to provide such programs shall be
 suspended for a period of not less than one calendar year  from  partic-
 ipation  in such program. The procedures of this subdivision shall apply
 to such a suspension of a nonpublic school pupil.  A  superintendent  of
 schools,  district superintendent of schools or community superintendent
 shall have the authority to modify this suspension requirement for  each
 student  on  a case-by-case basis. The determination of a superintendent
 shall be subject to review by the board of education pursuant  to  para-
 graph  c  of  this  subdivision and the commissioner pursuant to section
 three hundred ten of this chapter. Nothing in this subdivision shall  be
 deemed  to  authorize  the  suspension of a student with a disability in
 violation of the individuals with disabilities education act or  article
 eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
 under the age of sixteen who has been determined to have brought a weap-
 on or firearm to school in violation of this subdivision to  a  present-
 ment  agency for a juvenile delinquency proceeding consistent with arti-
 cle three of the family court act except a student fourteen  or  fifteen
 years  of  age who qualifies for juvenile offender status under subdivi-
 sion forty-two of section 1.20 of the criminal procedure  law;  PROVIDED
 HOWEVER,  THAT  COMMENCING  ON  JANUARY  FIRST, TWO THOUSAND NINETEEN, 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

 S. 2006--A                         141                        A. 3006--A
 
 SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
 PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND  TWENTY,
 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.
   § 100-b. Paragraph b of subdivision 4 of section 3214 of the education
 law,  as  amended by chapter 181 of the laws of 2000, is amended to read
 as follows:
   b. The school authorities may institute  proceedings  before  a  court
 having  jurisdiction  to determine the liability of a person in parental
 relation to contribute towards the maintenance of  a  school  delinquent
 under  [sixteen] SEVENTEEN years of age OR COMMENCING JANUARY FIRST, TWO
 THOUSAND TWENTY, UNDER EIGHTEEN YEARS OF  AGE  ordered  to  attend  upon
 instruction  under  confinement.  If  the court shall find the person in
 parental relation able to contribute towards the maintenance of  such  a
 minor, it may issue an order fixing the amount to be paid weekly.
   §  101.  The executive law is amended by adding a new section 259-p to
 read as follows:
   § 259-P. INTERSTATE DETENTION. (1) NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
 ARTICLE, MAY BE DETAINED AS AUTHORIZED BY  THE  INTERSTATE  COMPACT  FOR
 ADULT OFFENDER SUPERVISION.
   (2)  A  DEFENDANT  SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY,
 EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   (3) (A) A DEFENDANT SIXTEEN YEARS OF AGE  OR  YOUNGER,  WHO  ALLEGEDLY
 COMMITS  A  CRIMINAL  ACT  OR  VIOLATION OF HIS OR HER SUPERVISION ON OR
 AFTER JANUARY FIRST, TWO THOUSAND NINETEEN OR (B) A DEFENDANT  SEVENTEEN
 YEARS  OF  AGE  OR  YOUNGER  WHO  ALLEGEDLY  COMMITS  A  CRIMINAL ACT OR
 VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY.
   § 102. Subdivision 4 of section 246 of the executive law,  as  amended
 by section 10 of part D of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4.    An  approved  plan and compliance with standards relating to the
 administration of probation services promulgated by the commissioner  of
 the  division  of  criminal  justice services shall be a prerequisite to
 eligibility for state aid.
   The commissioner of the division of criminal justice services may take
 into consideration granting additional state aid from  an  appropriation
 made  for  state  aid  for county probation services for counties or the
 city of New York when a county or the city of New York demonstrates that
 additional probation services were dedicated  to  intensive  supervision
 programs[,]  AND  intensive  programs  for  sex  offenders  [or programs
 defined as juvenile risk intervention services]. THE COMMISSIONER  SHALL
 GRANT  ADDITIONAL  STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE
 RISK INTERVENTION SERVICES COORDINATION BY PROBATION  DEPARTMENTS  WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER

 S. 2006--A                         142                        A. 3006--A
 
 ARTICLE  THREE OF THE FAMILY COURT ACT. The administration of such addi-
 tional grants shall be made according to rules and  regulations  promul-
 gated  by the commissioner of the division of criminal justice services.
 Each  county  and  the  city  of New York shall certify the total amount
 collected pursuant to section two hundred fifty-seven-c of this chapter.
 The commissioner of the division  of  criminal  justice  services  shall
 thereupon  certify  to  the  comptroller for payment by the state out of
 funds appropriated for that purpose, the amount to which the  county  or
 the  city  of New York shall be entitled under this section. THE COMMIS-
 SIONER SHALL, SUBJECT  TO  AN  APPROPRIATION  MADE  AVAILABLE  FOR  SUCH
 PURPOSE,  ESTABLISH  AND  PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
 CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH  ALLEGED  OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN  ACCORDANCE  WITH  THE CRIMINAL PROCEDURE LAW.  SUCH ADDITIONAL STATE
 AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED  PERCENT  OF
 THE  EXPENDITURES  FOR  EVIDENCE-BASED  PRACTICES  AND JUVENILE RISK AND
 EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS  OF
 AGE  OR  OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED
 ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
   § 103. The second undesignated paragraph of subdivision 4  of  section
 246  of  the executive law, as added by chapter 479 of the laws of 1970,
 is amended to read as follows:
   [The director shall thereupon certify to the comptroller  for  payment
 by  the  state out of funds appropriated for that purpose, the amount to
 which the county or the city of New York shall be  entitled  under  this
 section.]
   THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY TAKE
 INTO  CONSIDERATION  GRANTING ADDITIONAL STATE AID FROM AN APPROPRIATION
 MADE FOR STATE AID FOR COUNTY PROBATION SERVICES  FOR  COUNTIES  OR  THE
 CITY OF NEW YORK WHEN A COUNTY OR THE CITY OF NEW YORK DEMONSTRATES THAT
 ADDITIONAL  PROBATION  SERVICES  WERE DEDICATED TO INTENSIVE SUPERVISION
 PROGRAMS AND INTENSIVE PROGRAMS FOR SEX  OFFENDERS.    THE  COMMISSIONER
 SHALL  GRANT  ADDITIONAL  STATE  AID  FROM AN APPROPRIATION DEDICATED TO
 JUVENILE RISK INTERVENTION SERVICES COORDINATION  BY  PROBATION  DEPART-
 MENTS  WHICH  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PROBATION SERVICES
 PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT  ACT.    THE  ADMINIS-
 TRATION  OF  SUCH ADDITIONAL GRANTS SHALL BE MADE ACCORDING TO RULES AND
 REGULATIONS PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF  CRIMINAL
 JUSTICE SERVICES. EACH COUNTY AND THE CITY OF NEW YORK SHALL CERTIFY THE
 TOTAL  AMOUNT COLLECTED PURSUANT TO SECTION TWO HUNDRED FIFTY-SEVEN-C OF
 THIS CHAPTER. THE COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  SHALL  THEREUPON CERTIFY TO THE COMPTROLLER FOR PAYMENT BY THE
 STATE OUT OF FUNDS APPROPRIATED FOR THAT PURPOSE, THE  AMOUNT  TO  WHICH
 THE COUNTY OR THE CITY OF NEW YORK SHALL BE ENTITLED UNDER THIS SECTION.
 THE  COMMISSIONER  SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR
 SUCH PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR
 A CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW.
   § 104. The state finance law is amended by adding a new  section  54-m
 to read as follows:
   §  54-M. WAIVER OF LOCAL SHARE REQUIREMENTS ASSOCIATED WITH INCREASING
 THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS. 1.   NOTWITHSTAND-

 S. 2006--A                         143                        A. 3006--A
 
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY THAT IS SUBJECT
 TO  SECTION  THREE-C  OF  THE GENERAL MUNICIPAL LAW MAY APPLY TO THE NEW
 YORK STATE DIVISION OF BUDGET TO REQUEST A WAIVER  OF  THE  LOCAL  SHARE
 REQUIREMENT  OF  ANY  EXPENSE  THAT IT WOULD NOT HAVE OTHERWISE INCURRED
 ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN  YEARS  OF
 AGE.
   2.  REQUEST FOR A WAIVER PURSUANT TO THIS SECTION SHALL BE MADE IN THE
 TIME AND MANNER AS REQUIRED BY THE DIVISION OF BUDGET, AND MUST CONTAIN,
 AT MINIMUM:
   (A) A DEMONSTRATION OF FISCAL HARDSHIP;
   (B) A CERTIFICATION FROM THE CHIEF EXECUTIVE OFFICER OR BUDGET OFFICER
 OF SUCH COUNTY TO THE STATE  BUDGET  DIRECTOR  THAT  THE  COUNTY'S  MOST
 RECENTLY ADOPTED BUDGET DOES NOT EXCEED THE TAX LEVY LIMIT PRESCRIBED IN
 SECTION  THREE-C OF THE GENERAL MUNICIPAL LAW AND, IF THE GOVERNING BODY
 OF THE COUNTY DID ENACT A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT, THAT
 SUCH LOCAL LAW WAS SUBSEQUENTLY REPEALED; SUCH  CERTIFICATION  SHALL  BE
 MADE IN A FORM AND MANNER PRESCRIBED BY THE STATE BUDGET DIRECTOR;
   (C)  A  PLAN  DEVELOPED  BY  THE COUNTY THAT SHOWS HOW THE COUNTY WILL
 APPROPRIATELY IMPLEMENT THE REQUIREMENTS OF THE CHAPTER OF THE  LAWS  OF
 TWO  THOUSAND  SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION
 ABOVE FIFTEEN YEARS OF AGE;
   (D) THE SPECIFIC EXPENSES AND ASSOCIATED LOCAL SHARE OF SUCH  EXPENSES
 THAT THE COUNTY IS SEEKING A WAIVER FOR; AND
   (E)  ANY  OTHER  INFORMATION  THAT  MAY BE REQUIRED BY THE DIVISION OF
 BUDGET.
   3. IN DECIDING WHETHER TO GRANT APPROVAL  OF  A  WAIVER  REQUEST  MADE
 PURSUANT  TO THIS SECTION, THE DIVISION OF BUDGET SHALL CONSULT WITH THE
 APPLICABLE STATE AGENCY OR AGENCIES THAT OVERSEE THE SERVICES FOR  WHICH
 THE COUNTY IS SEEKING A WAIVER OF ITS LOCAL SHARE.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 STATE ASSISTANCE GRANTED IN ASSOCIATION WITH A WAIVER ISSUED PURSUANT TO
 THIS SECTION SHALL BE SUBJECT TO AN APPROPRIATION AND SHALL ONLY BE MADE
 TO THE EXTENT THAT FUNDS ARE AVAILABLE SPECIFICALLY THEREFOR.
   § 105. 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.
   § 106. This act shall take effect immediately; provided that:
   a. sections forty-eight and  forty-eight-a  of  this  act  shall  take
 effect  on  the  one hundred and eightieth day after this act shall have
 become a law and shall be deemed to apply to  offenses  committed  prior
 to, on, or after such effective date;
   b.  sections  one  through  forty-one, forty-four through forty-seven,
 forty-nine, fifty-four through seventy-two, seventy-four through eighty,
 one hundred-a, one hundred-b and one hundred one of this act shall  take
 effect  January  1, 2019; provided, however, that when the applicability
 of such provision is dependent on the age of the youth that  is  alleged
 or  adjudicated  to have been committed or is convicted of a crime or an
 act that would constitute a crime if committed by an adult:

 S. 2006--A                         144                        A. 3006--A
 
   (i) effective January 1, 2019, such  provisions  shall  be  deemed  to
 apply to youth who have been alleged to have committed, adjudicated for,
 or  convicted  of,  an  offense that occurred on or after such effective
 date and who were 16 years of age at the time the offense occurred, and
   (ii)  effective  January  1,  2020, such provisions shall be deemed to
 apply to youth who have been alleged to have committed, adjudicated for,
 or convicted of, an offense that occurred on  or  after  such  effective
 date  and  who  were  seventeen  years  of  age at the time such offense
 occurred;
   c. sections ninety-eight-a and one hundred two and  one  hundred  four
 shall take effect April 1, 2018;
   d.  sections  eighty-three  through  ninety-eight and sections ninety-
 eight-b through one hundred of this act shall  take  effect  January  1,
 2020  and shall be deemed to be applicable to the detention or placement
 of youth pursuant to petitions filed pursuant to article  seven  of  the
 family court act on or after such effective date;
   e.  sections  forty-two  and forty-three of this act shall take effect
 January 1, 2021;
   f. the amendments to subdivision 1 of section 70.20 of the  penal  law
 made by section forty-two of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith;
   g.  the  amendments to paragraph d of subdivision 3 of section 3214 of
 the education law made by section one hundred-a of this  act  shall  not
 affect  the  expiration  of such paragraph and shall be deemed to expire
 therewith;
   h. the amendments to subdivision 4 of  section  353.5  of  the  family
 court  act  made  by section seventy-two of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to section  11
 of  subpart  A  of part G of chapter 57 of the laws of 2012, as amended,
 when upon such date the provisions of section seventy-three of this  act
 shall  take effect; provided, however if such date of reversion is prior
 to January 1, 2019, section seventy-three of this act shall take  effect
 on January 1, 2019;
   i.    the  amendments  to subdivision 3-a of section 398 of the social
 services law made by section ninety-eight-b of this act shall not affect
 the expiration of such subdivision and shall be deemed  repealed  there-
 with;
   j. the amendments to subparagraph (ii) of paragraph (a) of subdivision
 1  of  section  409-a of the social services law made by section ninety-
 eight-c of this act shall not affect the expiration of such subparagraph
 and shall be deemed to expire therewith;
   k. the amendments to the second undesignated paragraph of  subdivision
 4 of section 246 of the executive law made by section one hundred two of
 this act shall be subject to the expiration and reversion of such undes-
 ignated  paragraph  as  provided  in  subdivision (aa) of section 427 of
 chapter 55 of the laws of 1992, as amended, when upon such date  section
 one  hundred  three  of this act shall take effect; provided, however if
 such date of reversion is prior to April 1, 2018,  section  one  hundred
 three of this act shall take effect on April 1, 2018;
   l.  the  amendments to paragraph (f) of subdivision 1 of section 70.30
 of the penal law made by section forty-four-a  of  this  act  shall  not
 affect  the  expiration and reversion of such paragraph and shall expire
 and be deemed repealed therewith; and
   m. if chapter 492 of the laws of 2016 shall not have taken  effect  on
 or  before  such date then section sixteen of this act shall take effect

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 on the same date and in the same manner as such chapter of the  laws  of
 2016, takes effect.
 
                                  PART K
 
   Section  1.  This part enacts into law major components of legislation
 which are necessary for the financing of various child welfare services.
 Each component is  wholly  contained  within  a  subpart  identified  as
 subparts  A  through B. The effective date for each particular provision
 contained within a 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 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 three of this part
 sets forth the general effective date of this part.
 
                                 SUBPART A
 
   Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
 amending  the executive law and other laws relating to funding for chil-
 dren and family services, as amended by section 1 of part F  of  chapter
 57 of the laws of 2012, is amended to read as follows:
   §  28.  This act shall take effect immediately; provided that sections
 nine through eighteen and twenty through twenty-seven of this act  shall
 be  deemed  to  have been in full force and effect on and after April 1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002 except as provided in subdivision 9 of section 153-k of the  social
 services  law  as added by section fifteen of this act; provided further
 however, that nothing in this act shall authorize the office of children
 and family services to deny state reimbursement  to  a  social  services
 district for violations of the provisions of section 153-d of the social
 services  law  for  services provided from January 1, 1994 through March
 31, 2002; provided that section nineteen of this act shall  take  effect
 September  13,  2002  and  shall  expire and be deemed repealed June 30,
 2012; and, provided further, however, that notwithstanding  any  law  to
 the  contrary, the office of children and family services shall have the
 authority to promulgate, on an emergency  basis,  any  rules  and  regu-
 lations  necessary to implement the requirements established pursuant to
 this act; provided further, however, that the regulations to  be  devel-
 oped  pursuant  to section one of this act shall not be adopted by emer-
 gency rule; and provided further that the provisions  of  sections  nine
 through  eighteen  and  twenty  through  twenty-seven  of this act shall
 expire and be deemed repealed on June 30, [2017] 2022.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subdivision 10 of section 153 of the social  services  law,
 as  amended by section 2 of part O of chapter 58 of the laws of 2011, is
 amended to read as follows:
   10. Expenditures made by a social services district  for  the  mainte-
 nance  of children with disabilities, placed by school districts, pursu-
 ant to section forty-four hundred five of the education  law  shall,  if
 approved  by  the  office of children and family services, be subject to

 S. 2006--A                         146                        A. 3006--A
 
 eighteen and four hundred twenty-four thousandths percent  reimbursement
 by  the  state and thirty-eight and four hundred twenty-four thousandths
 percent reimbursement by school districts, EXCEPT  FOR  SOCIAL  SERVICES
 DISTRICTS  LOCATED  WITHIN  A  CITY  WITH A POPULATION OF ONE MILLION OR
 MORE, WHERE SUCH EXPENDITURES SHALL BE SUBJECT TO  FIFTY-SIX  AND  EIGHT
 HUNDRED  FORTY-EIGHT  THOUSANDTHS  PERCENT  REIMBURSEMENT  BY THE SCHOOL
 DISTRICT, in accordance with paragraph c of subdivision one  of  section
 forty-four  hundred  five  of  the  education law, after first deducting
 therefrom any federal funds received or to be  received  on  account  of
 such  expenditures,  except  that  in  the case of a student attending a
 state-operated school for the deaf or blind pursuant to article  eighty-
 seven  or  eighty-eight  of the education law who was not placed in such
 school by a school district such expenditures shall be subject to  fifty
 percent  reimbursement  by the state after first deducting therefrom any
 federal funds received or to be received on account of such expenditures
 and there shall be no reimbursement by school districts.  Such  expendi-
 tures  shall  not  be  subject to the limitations on state reimbursement
 contained in subdivision two of section  one  hundred  fifty-three-k  of
 this  title.  In the event of the failure of the school district to make
 the maintenance payment pursuant to the provisions of this  subdivision,
 the  state  comptroller  shall  withhold state reimbursement to any such
 school district in an amount equal to the unpaid obligation for  mainte-
 nance and pay over such sum to the social services district upon certif-
 ication  of  the  commissioner  of  the  office  of  children and family
 services and the commissioner of education that such funds  are  overdue
 and  owed  by  such school district.   The commissioner of the office of
 children and family services, in consultation with the  commissioner  of
 education,  shall  promulgate regulations to implement the provisions of
 this subdivision.
   § 2. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a) Notwithstanding the provisions of this chapter or of any other law
 to the contrary, eligible expenditures by a social services district for
 foster  care services shall be subject to reimbursement with state funds
 only to the extent of annual appropriations to  the  state  foster  care
 block  grant.  Such  foster care services shall include expenditures for
 the provision and administration of: care, maintenance, supervision  and
 tuition;  supervision  of foster children placed in federally funded job
 corps programs; and care, maintenance, supervision and tuition for adju-
 dicated juvenile delinquents and persons in need of  supervision  placed
 in  residential  programs operated by authorized agencies and in out-of-
 state residential  programs;  EXCEPT  THAT,  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, REIMBURSEMENT WITH STATE FUNDS PURSU-
 ANT TO THE STATE FOSTER CARE BLOCK GRANT  SHALL  NOT  BE  AVAILABLE  FOR
 TUITION  EXPENDITURES  FOR FOSTER CHILDREN, INCLUDING PERSONS IN NEED OF
 SUPERVISION AND ADJUDICATED  JUVENILE  DELINQUENTS,  MADE  BY  A  SOCIAL
 SERVICES  DISTRICT  LOCATED  WITHIN  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE.  Social services districts must develop  and  implement
 children  and  family  services  delivery  systems  that are designed to
 reduce the need for and the length of foster care  placements  and  must
 document  their efforts in the multi-year consolidated services plan and
 the annual implementation reports submitted pursuant to section  thirty-
 four-a of this chapter.

 S. 2006--A                         147                        A. 3006--A
 
   §  3.  Paragraph  c  of subdivision 1 of section 4405 of the education
 law, as amended by section 1 of part O of chapter  58  of  the  laws  of
 2011, is amended to read as follows:
   c. Expenditures made by a social services district for the maintenance
 of  a  child  with a disability placed in a residential school under the
 provisions of this article, including a child with a  disability  placed
 by  a  school  district  committee on special education pursuant to this
 article in a special act school district, or a state school  subject  to
 the  provisions  of articles eighty-seven and eighty-eight of this chap-
 ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four
 thousandths  percent]  reimbursement  by  the child's school district of
 residence pursuant to the provisions of subdivision ten of  section  one
 hundred  fifty-three  of  the  social  services  law. The amount of such
 reimbursement shall be a charge upon such school district of residence.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to subdivision 10 of section 153 of the social services
 law made by section one of this act shall not affect the  expiration  of
 such  subdivision and shall expire therewith; and the amendments made to
 paragraph (a) of subdivision 2 of section 153-k of the  social  services
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.
   § 2. Severability. If any clause, sentence, paragraph, subdivision  or
 section  of this part shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate the remainder thereof, but shall be confined in its  operation  to
 the clause, sentence, paragraph, subdivision or section 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 part would have been enacted even if such  invalid  provisions  had
 not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of subparts A and B of this part shall  be
 as specifically set forth in the last section of such subparts.
 
                                  PART L
 
   Section  1.  Paragraph (iii) of subdivision (e) of section 1012 of the
 family court act, as amended by chapter 320 of  the  laws  of  2006,  is
 amended to read as follows:
   (iii)  (A)  commits, or allows to be committed an offense against such
 child defined in article one  hundred  thirty  of  the  penal  law;  (B)
 allows,  permits or encourages such child to engage in any act described
 in sections 230.25, 230.30 and 230.32 of the penal law; (C) commits  any
 of the acts described in sections 255.25, 255.26 and 255.27 of the penal
 law;  [or]  (D) allows such child to engage in acts or conduct described
 in article two hundred sixty-three of the penal law; OR (E)  PERMITS  OR
 ENCOURAGES  SUCH  CHILD  TO ENGAGE IN ANY ACT OR COMMITS OR ALLOWS TO BE
 COMMITTED AGAINST SUCH CHILD ANY OFFENSE THAT WOULD  RENDER  SUCH  CHILD
 EITHER  A VICTIM OF SEX TRAFFICKING OR A VICTIM OF SEVERE FORMS OF TRAF-
 FICKING IN PERSONS PURSUANT TO 22 U.S.C. 7102 AS ENACTED BY  PUBLIC  LAW
 106-386  OR  ANY  SUCCESSOR FEDERAL STATUTE; (F) provided, however, that
 [(a)] (1) the corroboration requirements contained in the penal law  and
 [(b)] (2) the age requirement for the application of article two hundred
 sixty-three  of such law shall not apply to proceedings under this arti-
 cle.
   § 2. This act shall take effect immediately.

 S. 2006--A                         148                        A. 3006--A
 
                                  PART M
 
   Section  1.  Paragraph a of subdivision 2 of section 420 of the execu-
 tive law, as amended by section 3 of part G of chapter 57 of the laws of
 2013, is amended to read as follows:
   a. (1) A municipality may submit to the office of children and  family
 services  a  plan for the providing of services for runaway and homeless
 youth, as defined in article nineteen-H  of  this  chapter.  Where  such
 municipality  is receiving state aid pursuant to paragraph a of subdivi-
 sion one of this section, such runaway and homeless youth plan shall  be
 submitted as part of the comprehensive plan and shall be consistent with
 the goals and objectives therein.
   (2)  A runaway and homeless youth plan shall be developed in consulta-
 tion with the municipal youth bureau and the county or  city  department
 of  social  services, shall be in accordance with the regulations of the
 office of children and family services, shall provide for a  coordinated
 range  of  services  for  runaway  and homeless youth and their families
 including preventive, temporary shelter, transportation, counseling, and
 other necessary assistance, and shall provide for  the  coordination  of
 all  available county resources for runaway and homeless youth and their
 families  including  services  available  through  the  municipal  youth
 bureau,  the  county or city department of social services, local boards
 of education, local drug  and  alcohol  programs  and  organizations  or
 programs  which  have  past experience dealing with runaway and homeless
 youth. [Such]
   (3) IN ITS plan A MUNICIPALITY may:
   (I) include provisions for  transitional  independent  living  support
 programs [for homeless youth between the ages of sixteen and twenty-one]
 AND  RUNAWAY  AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS as provided in
 article nineteen-H of this chapter;
   (II) AUTHORIZE SERVICES UNDER ARTICLE NINETEEN-H OF THIS CHAPTER TO BE
 PROVIDED TO HOMELESS YOUNG ADULTS, AS SUCH TERM IS  DEFINED  IN  SECTION
 FIVE HUNDRED THIRTY-TWO-A OF THIS CHAPTER;
   (III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED FOR ADDITIONAL
 PERIODS  OF  TIME  IN ACCORDANCE WITH ANY OF THE FOLLOWING PROVISIONS OF
 THIS CHAPTER:
   (A) PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-B;
   (B)  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY-
 TWO-B; OR
   (C) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D; AND
   (IV)  REQUIRE THAT ANOTHER DESIGNATED PERSON OR ENTITY, IN ADDITION TO
 THE APPLICABLE RUNAWAY AND HOMELESS YOUTH SERVICE  COORDINATOR,  APPROVE
 ANY EXIGENT CIRCUMSTANCE REQUEST AS SUCH TERM IS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THIS CHAPTER, MADE TO THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   (4) Such plan shall also provide for the designation and duties of the
 runaway  and  homeless youth service coordinator defined in section five
 hundred thirty-two-a of this chapter who is available on  a  twenty-four
 hour basis and maintains information concerning available shelter space,
 transportation and services.
   (5) Such plan may include provision for the per diem reimbursement for
 residential  care  of runaway and homeless youth in [approved] CERTIFIED
 RESIDENTIAL runaway AND HOMELESS YOUTH  programs  which  are  authorized

 S. 2006--A                         149                        A. 3006--A
 
 agencies[,  provided that such per diem reimbursement shall not exceed a
 total of thirty days for any one youth].
   § 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
 subdivisions  1  and  2  as  amended by chapter 800 of the laws of 1985,
 subdivisions 4 and 6 as amended by section 6 of part G of chapter 57  of
 the  laws  of  2013,  are amended, and two new subdivisions 9 and 10 are
 added, to read as follows:
   1. "Runaway youth" shall mean a person under the age of eighteen years
 who is absent from his OR HER legal residence without the consent of his
 OR HER parent, legal guardian or custodian.
   2. "Homeless youth" shall mean:
   (A) a person under the age of [twenty-one] EIGHTEEN who is in need  of
 services  and  is  without a place of shelter where supervision and care
 are available; OR
   (B) A PERSON WHO IS UNDER THE AGE OF TWENTY-ONE BUT IS  AT  LEAST  AGE
 EIGHTEEN  AND WHO IS IN NEED OF SERVICES AND IS WITHOUT A PLACE OF SHEL-
 TER.
   (C) PROVIDED HOWEVER, WHEN  A  MUNICIPALITY'S  APPROVED  COMPREHENSIVE
 PLAN  AUTHORIZES  THAT  SERVICES PURSUANT TO THIS ARTICLE BE PROVIDED TO
 "HOMELESS YOUNG ADULTS" AS SUCH TERM IS DEFINED IN  THIS  SECTION,  THEN
 FOR  PURPOSES  RELATED TO THE PROVISIONS OF THAT MUNICIPALITY'S APPROVED
 COMPREHENSIVE PLAN THAT INCLUDE "HOMELESS YOUNG ADULTS", THE TERM "HOME-
 LESS YOUTH" AS USED IN THIS ARTICLE SHALL BE DEEMED TO INCLUDE "HOMELESS
 YOUNG ADULTS".
   4. "[Approved runaway] RUNAWAY  AND  HOMELESS  YOUTH  CRISIS  SERVICES
 program" shall mean:
   (A) any non-residential program approved by the office of children and
 family  services, after submission by the municipality[,] as part of its
 comprehensive plan, THAT PROVIDES SERVICES TO RUNAWAY YOUTH AND HOMELESS
 YOUTH THAT ARE IN CRISIS, IN ACCORDANCE  WITH  THE  REGULATIONS  OF  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; or
   (B) any residential [facility] PROGRAM which is operated by an author-
 ized  agency  as  defined  in  subdivision  ten of section three hundred
 seventy-one of the social services law, and [approved] CERTIFIED by  the
 office  of children and family services [after submission by the munici-
 pality as part of its comprehensive plan, established and  operated]  to
 provide  SHORT-TERM  RESIDENTIAL  services to runaway YOUTH and homeless
 youth THAT ARE IN CRISIS, in accordance with the APPLICABLE  regulations
 of  the  office of temporary and disability assistance and the office of
 children and family services. [Such]
   (C) RUNAWAY AND HOMELESS  YOUTH  CRISIS  SERVICES  programs  may  also
 provide  non-residential crisis intervention and, IF CERTIFIED, residen-
 tial respite services to youth in need of crisis intervention or respite
 services, as SUCH TERM IS defined in this section.  Residential  respite
 services  in [an approved] A CERTIFIED runaway AND HOMELESS YOUTH CRISIS
 SERVICES program may be provided TO SUCH YOUTH for no more than  twenty-
 one  days,  in accordance with the regulations of the office of children
 and family services AND SECTION SEVEN HUNDRED THIRTY-FIVE OF THE  FAMILY
 COURT ACT.
   6. "Transitional independent living support program" shall mean:
   (A) any non-residential program approved by the office of children and
 family  services,  after  submission  by the municipality as part of its
 comprehensive plan, [or] THAT PROVIDES  SUPPORTIVE  SERVICES  TO  ENABLE
 HOMELESS  YOUTH  TO  PROGRESS  FROM CRISIS CARE AND TRANSITIONAL CARE TO
 INDEPENDENT LIVING, IN ACCORDANCE WITH THE APPLICABLE REGULATIONS OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; OR

 S. 2006--A                         150                        A. 3006--A

   (B) any residential [facility approved by the office of  children  and
 family  services  after  submission  by  the municipality as part of its
 comprehensive plan to offer youth development programs,] PROGRAM  estab-
 lished  and operated to provide supportive services, [for a period of up
 to  eighteen months] in accordance with the regulations of the office of
 children and family services, to enable homeless youth [between the ages
 of sixteen and twenty-one] to progress from crisis care and transitional
 care to independent living.
   [Such] (C) A transitional independent living support program may  also
 provide  services  to  youth  in  need of crisis intervention or respite
 services. Notwithstanding the time limitation in paragraph (i) of subdi-
 vision (d) of section seven hundred thirty-five of the family court act,
 residential respite services may be provided in a transitional independ-
 ent living support program for a period of more than twenty-one days.
   9. "HOMELESS YOUNG ADULT" SHALL MEAN A PERSON WHO IS  AGE  TWENTY-FOUR
 OR YOUNGER BUT IS AT LEAST AGE TWENTY-ONE AND WHO IS IN NEED OF SERVICES
 AND IS WITHOUT A PLACE OF SHELTER.
   10.  "EXIGENT  CIRCUMSTANCE  REQUEST"  SHALL  MEAN A REQUEST MADE BY A
 MUNICIPALITY TO THE OFFICE OF CHILDREN AND FAMILY SERVICES TO APPROVE:
   (A) AN ADDITIONAL LENGTH OF STAY IN:
   (I) A RUNAWAY AND HOMELESS YOUTH CRISIS PROGRAM PURSUANT TO  PARAGRAPH
 (C)  OF  SUBDIVISION  TWO  OF  SECTION FIVE HUNDRED THIRTY-TWO-B OF THIS
 ARTICLE; OR
   (II) A TRANSITIONAL INDEPENDENT LIVING PROGRAM PURSUANT  TO  PARAGRAPH
 (C)  OF  SUBDIVISION  ONE  OF  SECTION FIVE HUNDRED THIRTY-TWO-D OF THIS
 ARTICLE; OR
   (B) TO ALLOW A YOUTH UNDER THE AGE OF SIXTEEN TO BE SERVED IN A  TRAN-
 SITIONAL  INDEPENDENT  LIVING  PROGRAM  PURSUANT TO SUBPARAGRAPH (II) OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED THIRTY-TWO-D OF
 THIS ARTICLE.
   § 3. Section 532-b of the executive law, as added by  chapter  722  of
 the  laws  of 1978, the opening paragraph of subdivision 1 as amended by
 chapter 182 of the laws of 2002,  paragraph  (a)  of  subdivision  1  as
 amended by section 15 of part E of chapter 57 of the laws of 2005, para-
 graph  (e)  of  subdivision  1  as amended by chapter 569 of the laws of
 1994, and subdivision 2 as amended by section 7 of part G of chapter  57
 of the laws of 2013, is amended to read as follows:
   § 532-b. Powers  and  duties of [approved] runaway [program] AND HOME-
 LESS YOUTH CRISIS SERVICES  PROGRAMS.  1.    Notwithstanding  any  other
 provision  of law, pursuant to regulations of the office of children and
 family services [an  approved]  A  runaway  AND  HOMELESS  YOUTH  CRISIS
 SERVICES program is authorized to and shall:
   (a)  provide  assistance  to any runaway or homeless youth or youth in
 need of crisis intervention or respite services as defined in this arti-
 cle;
   (b) attempt to determine the cause for the youth's runaway or homeless
 status;
   (c) explain to the runaway [and] OR homeless youth his  OR  HER  legal
 rights  and  options  of  service  or  other assistance available to the
 youth;
   (d) work towards reuniting such youth with his OR HER parent or guard-
 ian as soon as practicable in accordance with section five hundred thir-
 ty-two-c of this article;
   (e) assist in arranging for necessary services for runaway or homeless
 youth, and where appropriate, their families, including but not  limited
 to  food,  shelter, clothing, medical care, education and individual and

 S. 2006--A                         151                        A. 3006--A
 
 family counseling. Where  the  [approved]  runaway  AND  HOMELESS  YOUTH
 CRISIS  SERVICES  program  concludes that such runaway or homeless youth
 would be eligible for assistance, care or services from a  local  social
 services  district,  it  shall assist the youth in securing such assist-
 ance, care or services as the youth is entitled to; [and]
   (f) immediately report to the [local child protective service]  STATE-
 WIDE  CENTRAL  REGISTER  OF  CHILD  ABUSE AND MALTREATMENT OR VULNERABLE
 PERSONS' CENTRAL REGISTER, AS APPROPRIATE, where it has reasonable cause
 to suspect that the  runaway  or  homeless  youth  has  been  abused  or
 neglected or when such youth maintains such to be the case[.];
   (G)  CONTACT  THE  APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT IS
 BELIEVED THAT THE YOUTH MAY BE  A  DESTITUTE  CHILD,  AS  SUCH  TERM  IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT; AND
   (H)  PROVIDE  INFORMATION  TO  ELIGIBLE  YOUTH  ABOUT THEIR ABILITY TO
 RE-ENTER FOSTER CARE IN ACCORDANCE WITH  ARTICLE  TEN-B  OF  THE  FAMILY
 COURT  ACT,  AND  IN  APPROPRIATE CASES, REFER ANY SUCH YOUTH WHO MAY BE
 INTERESTED IN RE-ENTERING FOSTER CARE TO  THE  APPLICABLE  LOCAL  SOCIAL
 SERVICES DISTRICT.
   2.  [The] (A) A runaway youth may remain in [the] A CERTIFIED RESIDEN-
 TIAL RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES program on  a  voluntary
 basis  for  a period not to exceed thirty days, OR FOR A YOUTH AGE FOUR-
 TEEN OR OLDER FOR A PERIOD UP TO  SIXTY  DAYS  WHEN  AUTHORIZED  IN  THE
 APPLICABLE  MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN, from the date of
 admission where the filing of a petition pursuant to article ten of  the
 family  court act is not contemplated, in order that arrangements can be
 made for the runaway youth's return home, alternative residential place-
 ment pursuant to  section  three  hundred  ninety-eight  of  the  social
 services law, or any other suitable plan.
   (B)  If  the  runaway  youth  and  the  parent,  guardian or custodian
 agree[,] in writing, the runaway youth may remain in [the runaway]  SUCH
 program up to sixty days, OR UP TO  ONE HUNDRED TWENTY DAYS WHEN AUTHOR-
 IZED  IN  THE  APPLICABLE  MUNICIPALITY'S  APPROVED COUNTY COMPREHENSIVE
 PLAN, without the filing of a petition pursuant to article  ten  of  the
 family  court  act,  provided  that  in any such case the facility shall
 first have obtained the approval of the applicable municipal runaway AND
 HOMELESS YOUTH SERVICES coordinator, who shall notify the municipality's
 youth bureau of his or her approval together with a statement as to  the
 reason   why  such  additional  residential  stay  is  necessary  and  a
 description of the efforts  being  made  to  find  suitable  alternative
 living arrangements for such youth.
   (C)  A RUNAWAY YOUTH MAY REMAIN IN A CERTIFIED RESIDENTIAL RUNAWAY AND
 HOMELESS YOUTH CRISIS SERVICES  PROGRAM  BEYOND  THE  APPLICABLE  PERIOD
 AUTHORIZED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION UPON THE APPROVAL
 OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS
 OR HER DESIGNEE UPON WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES
 THAT  MAKE THE ADDITIONAL LENGTH OF STAY NECESSARY; THE DILIGENT EFFORTS
 THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE  ALTERNATIVE  LIVING
 ARRANGEMENTS  FOR SUCH YOUTH; AND THE APPROVAL FOR THE ADDITIONAL LENGTH
 OF STAY  FROM  THE  APPLICABLE  MUNICIPAL  RUNAWAY  AND  HOMELESS  YOUTH
 SERVICES  COORDINATOR  AND  ANY OTHER INDIVIDUAL OR ENTITY DESIGNATED IN
 THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   § 4. Section 532-c of the executive law, as added by  chapter  722  of
 the laws of 1978, is amended to read as follows:
   § 532-c. Notice to parent; return of runaway youth to parent; alterna-
 tive  living arrangements.   1. The staff of [the] A RESIDENTIAL RUNAWAY
 AND HOMELESS YOUTH CRISIS SERVICES program shall, to the maximum  extent

 S. 2006--A                         152                        A. 3006--A
 
 possible,  preferably  within  twenty-four hours but within no more than
 seventy-two hours following the  youth's  admission  into  the  program,
 notify  such runaway youth's parent, guardian or custodian of his or her
 physical  and emotional condition, and the circumstances surrounding the
 runaway youth's presence at the program,  unless  there  are  compelling
 circumstances  why  the  parent,  guardian or custodian should not be so
 notified. Where such circumstances exist, the [runaway] program director
 or his OR HER designee shall either file an appropriate petition in  the
 family  court, refer the youth to the local social services district, or
 in instances where abuse or  neglect  is  suspected,  report  such  case
 pursuant to title six of article six of the social services law.
   2.  Where  custody of the youth upon leaving the [approved] program is
 assumed by a relative or other person, other than the parent or  guardi-
 an,  the  staff of the program shall so notify the parent or guardian as
 soon as practicable after the release of the youth. The officers, direc-
 tors or employees of [an approved runaway] THE program shall  be  immune
 from  any  civil or criminal liability for or arising out of the release
 of a runaway or homeless youth to a relative or other responsible person
 other than a parent or guardian.
   § 5. Section 532-d of the executive law, as amended by chapter 182  of
 the  laws  of  2002, subdivisions (e) and (g) as amended and subdivision
 (f) as added by section 16 of part E of chapter 57 of the laws of  2005,
 is amended to read as follows:
   § 532-d. Residential [facilities operated as] transitional independent
 living  support  programs. Notwithstanding any inconsistent provision of
 law, pursuant to regulations  of  the  office  of  children  and  family
 services,  residential  facilities operating as transitional independent
 living support programs are authorized to and shall:
   [(a)] 1. (A) (I) provide shelter to homeless youth [between  the  ages
 of  sixteen  and twenty-one as defined in this article] WHO ARE AT LEAST
 AGE SIXTEEN.
   (II) PROVIDED, HOWEVER, THAT SHELTER MAY BE  PROVIDED  TO  A  HOMELESS
 YOUTH  UNDER THE AGE OF SIXTEEN UPON THE APPROVAL OF THE COMMISSIONER OF
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR HER  DESIGNEE  UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT WARRANT SHELTER
 BEING  PROVIDED  TO THE YOUTH BASED ON CONSIDERATION OF THE YOUTH'S AGE;
 THE DILIGENT EFFORTS THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE
 ALTERNATIVE LIVING ARRANGEMENTS FOR SUCH YOUTH;  AND  APPROVAL  FOR  THE
 YOUTH TO BE SHELTERED IN THE PROGRAM FROM THE APPLICABLE MUNICIPAL RUNA-
 WAY  AND  HOMELESS  YOUTH COORDINATOR AND ANY OTHER INDIVIDUAL OR ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   (B) SHELTER MAY BE PROVIDED TO A  HOMELESS  YOUTH  IN  A  TRANSITIONAL
 INDEPENDENT  LIVING PROGRAM FOR A PERIOD OF UP TO EIGHTEEN MONTHS, OR UP
 TO TWENTY-FOUR MONTHS WHEN AUTHORIZED IN THE  APPLICABLE  MUNICIPALITY'S
 APPROVED COMPREHENSIVE PLAN;
   (C)  A  HOMELESS  YOUTH  WHO ENTERED A TRANSITIONAL INDEPENDENT LIVING
 PROGRAM UNDER THE AGE OF TWENTY-ONE  MAY  CONTINUE  TO  RECEIVE  SHELTER
 SERVICES  IN  SUCH  PROGRAM  BEYOND  THE APPLICABLE PERIOD AUTHORIZED BY
 PARAGRAPH (B) OF THIS SUBDIVISION, UPON APPROVAL OF THE COMMISSIONER  OF
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNEE UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT MAKE THE  ADDI-
 TIONAL  LENGTH  OF  STAY  NECESSARY; THE DILIGENT EFFORTS THAT HAVE BEEN
 MADE BY THE PROGRAM TO FIND SUITABLE ALTERNATIVE LIVING ARRANGEMENTS FOR
 SUCH YOUTH; AND APPROVAL FROM THE APPLICABLE MUNICIPAL RUNAWAY AND HOME-
 LESS YOUTH SERVICES COORDINATOR, AND  ANY  OTHER  INDIVIDUAL  OR  ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN;

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   [(b)]  2.  work  toward  reuniting such homeless youth with his OR HER
 parent, guardian or custodian, where possible;
   [(c)]  3.  provide  or  assist in securing necessary services for such
 homeless youth, and where appropriate, his OR HER family, including  but
 not limited to housing, educational, medical care, legal, mental health,
 and  substance  and alcohol abuse services. Where such program concludes
 that such homeless youth would  be  eligible  for  assistance,  care  or
 services  from  a  local  social services district, it shall assist such
 youth in securing such assistance, care or services;
   [(d)] 4. for a homeless youth whose service plan involves  independent
 living,  provide  practical assistance in achieving independence, either
 through direct provision of services or through written agreements  with
 other community and public agencies for the provision of services in the
 following areas; high school education or high school equivalency educa-
 tion; higher education assessment; job training and job placement; coun-
 seling;  assistance in the development of socialization skills; guidance
 and assistance in securing housing appropriate to needs and income;  and
 training  in  the  development of skills necessary for responsible inde-
 pendent living, including but not limited to money and home  management,
 personal care, and health maintenance; and
   [(e)]  5.  provide  residential  services to a youth in need of crisis
 intervention or respite services, as defined in this article; [and]
   [(f)] 6. continue to provide services to a homeless youth who  is  not
 yet eighteen years of age but who has reached the [eighteen month] maxi-
 mum  TIME  PERIOD  provided by PARAGRAPH (B) OF subdivision [six] ONE of
 THIS section [five hundred thirty-two-a of this article],  until  he  or
 she  is  eighteen  years of age or for an additional six months if he or
 she is still under the age of eighteen; and
   [(g)] 7.  CONTACT THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT
 IS BELIEVED THAT THE YOUTH MAY BE A DESTITUTE CHILD,  AS  SUCH  TERM  IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT;
   8. PROVIDE INFORMATION TO ELIGIBLE YOUTH ABOUT THEIR ABILITY TO RE-EN-
 TER  FOSTER  CARE  IN  ACCORDANCE WITH ARTICLE TEN-B OF THE FAMILY COURT
 ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH YOUTH WHO  MAY  BE  INTER-
 ESTED IN RE-ENTERING FOSTER CARE TO THE APPLICABLE LOCAL SOCIAL SERVICES
 DISTRICT; AND
   9.  provide  such reports and data as specified by the office of chil-
 dren and family services.
   § 6. The executive law is amended by adding a  new  section  532-f  to
 read as follows:
   §  532-F.  REQUIRED  CERTIFICATION FOR RESIDENTIAL PROGRAMS.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ANY  RESIDENTIAL
 PROGRAM  ESTABLISHED  FOR  THE  PURPOSE  OF SERVING RUNAWAY AND HOMELESS
 YOUTH THAT SERVES ANY YOUTH  UNDER  THE  AGE  OF  EIGHTEEN  OR  THAT  IS
 CONTAINED  IN  A  MUNICIPALITY'S  APPROVED  COMPREHENSIVE  PLAN, MUST BE
 CERTIFIED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  AND  MUST  BE
 OPERATED  BY AN AUTHORIZED AGENCY AS SUCH TERM IS DEFINED IN SUBDIVISION
 TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   § 7. Paragraph (iii) of subdivision (b) of section 724 of  the  family
 court  act,  as amended by section 4 of part E of chapter 57 of the laws
 of 2005, is amended to read as follows:
   (iii) take a youth in need of crisis intervention or respite  services
 to [an approved] A runaway AND HOMELESS YOUTH CRISIS SERVICES program or
 other approved respite or crisis program; or
   §  8.  Subdivision  2  of section 447-a of the social services law, as
 added by chapter 569 of the laws of 2008, is amended to read as follows:

 S. 2006--A                         154                        A. 3006--A
 
   2. The term "short-term safe house" means a residential facility oper-
 ated by an authorized agency as defined in subdivision  ten  of  section
 three hundred seventy-one of this article including a residential facil-
 ity  operating  as  part  of  [an approved] A runaway AND HOMELESS YOUTH
 CRISIS  SERVICES  program as defined in subdivision four of section five
 hundred thirty-two-a of the executive law  or  a  not-for-profit  agency
 with  experience  in  providing services to sexually exploited youth and
 approved in accordance with the regulations of the  office  of  children
 and  family  services that provides emergency shelter, services and care
 to  sexually  exploited  children  including  food,  shelter,  clothing,
 medical care, counseling and appropriate crisis intervention services at
 the  time  they  are  taken  into custody by law enforcement and for the
 duration of any legal proceeding or proceedings in which they are either
 the complaining witness or the subject child. The short-term safe  house
 shall  also be available at the point in time that a child under the age
 of eighteen has first come into the custody of juvenile detention  offi-
 cials,  law enforcement, local jails or the local commissioner of social
 services or is residing  with  the  local  runaway  and  homeless  youth
 authority.
   §  9.  This  act  shall take effect January 1, 2018; provided however,
 that:
   (a) the office of  children  and  family  services  is  authorized  to
 promulgate regulations regarding any of the provisions of this act on or
 before the effective date of such act;
   (b)  the  amendments  to  article  19-H  of  the executive law made by
 section six of this act that require that  certain  residential  runaway
 and  homeless youth programs be operated by authorized agencies shall be
 deemed to apply to such programs that are certified  by  the  office  of
 children and family services on or after the effective date of this act;
   (c) the amendments to:
   (i)  paragraph a of subdivision 2 of section 420 of the executive law,
 made by section one of this act, shall not  affect  the  expiration  and
 reversion of such subdivision pursuant to section 9 of part G of chapter
 57  of  the  laws of 2013 and shall expire and be deemed repealed there-
 with; and
   (ii) subdivisions 4 and 6 of section 532-a of the executive law,  made
 by  section  two of this act, shall not affect the expiration and rever-
 sion of such subdivisions pursuant to section 9 of part G of chapter  57
 of the laws of 2013 and shall expire and be deemed repealed therewith;
   (iii)  subdivision  2  of  section  532-b of the executive law made by
 section three of this act, shall not affect the expiration and reversion
 of such subdivision pursuant to section 9 of part G of chapter 57 of the
 laws of 2013 and shall expire and be deemed repealed therewith.
 
                                  PART N

   Section 1. The public health law is amended by adding  a  new  article
 29-I to read as follows:
 
                               ARTICLE 29-I
                   MEDICAL SERVICES FOR FOSTER CHILDREN
 SECTION 2999-GG. VOLUNTARY FOSTER CARE AGENCY HEALTH FACILITIES.
   §  2999-GG.  VOLUNTARY  FOSTER  CARE AGENCY HEALTH FACILITIES. 1.   IN
 ORDER FOR AN AUTHORIZED AGENCY THAT IS APPROVED BY THE OFFICE  OF  CHIL-
 DREN  AND  FAMILY  SERVICES TO CARE FOR OR BOARD OUT CHILDREN TO PROVIDE
 LIMITED HEALTH-RELATED SERVICES AS DEFINED IN REGULATIONS OF THE DEPART-

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 MENT EITHER DIRECTLY OR THROUGH A CONTRACT ARRANGEMENT, SUCH AGENCY MUST
 OBTAIN, IN ACCORDANCE WITH A SCHEDULE DEVELOPED  BY  THE  DEPARTMENT  IN
 CONJUNCTION  WITH  THE OFFICE OF CHILDREN AND FAMILY SERVICES, A LICENSE
 ISSUED  BY  THE  COMMISSIONER IN CONJUNCTION WITH THE OFFICE OF CHILDREN
 AND FAMILY SERVICES  TO  PROVIDE  SUCH  SERVICES.  SUCH  SCHEDULE  SHALL
 REQUIRE  THAT  ALL  SUCH AUTHORIZED AGENCIES OPERATING ON JANUARY FIRST,
 TWO THOUSAND NINETEEN OBTAIN THE LICENSE REQUIRED  BY  THIS  SECTION  NO
 LATER  THAN JANUARY FIRST, TWO THOUSAND NINETEEN. SUCH LICENSES SHALL BE
 ISSUED IN ACCORDANCE WITH THE STANDARDS SET FORTH IN  THIS  ARTICLE  AND
 THE  REGULATIONS  OF  THE  DEPARTMENT.  PROVIDED HOWEVER, THAT A LICENSE
 PURSUANT TO THIS SECTION SHALL NOT BE REQUIRED IF SUCH AUTHORIZED AGENCY
 IS OTHERWISE AUTHORIZED TO PROVIDE LIMITED-HEALTH-RELATED SERVICES UNDER
 A LICENSE ISSUED PURSUANT TO ARTICLE TWENTY-EIGHT  OF  THIS  CHAPTER  OR
 ARTICLE  THIRTY-ONE  OF THE MENTAL HYGIENE LAW. FOR THE PURPOSES OF THIS
 SECTION, THE TERM AUTHORIZED AGENCY SHALL BE  AN  AUTHORIZED  AGENCY  AS
 DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION TEN OF SECTION THREE HUNDRED
 SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   2. SUCH LICENSE SHALL NOT BE ISSUED UNLESS IT IS DETERMINED  THAT  THE
 EQUIPMENT,  PERSONNEL, RULES, STANDARDS OF CARE AND SERVICES ARE FIT AND
 ADEQUATE, AND THAT THE HEALTH-RELATED SERVICES WILL BE PROVIDED  IN  THE
 MANNER  REQUIRED  BY  THIS  ARTICLE AND THE RULES AND REGULATIONS THERE-
 UNDER.
   3. THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY SERVICES SHALL ENTER INTO  A  MEMORANDUM  OF  AGREEMENT  FOR  THE
 PURPOSES OF ADMINISTERING THE REQUIREMENTS OF THIS SECTION.
   4.  PROCEEDINGS  INVOLVING THE ISSUANCE OF LICENSES FOR HEALTH-RELATED
 SERVICES TO AUTHORIZED AGENCIES:
   (A) A LICENSE FOR HEALTH-RELATED SERVICES UNDER THIS  ARTICLE  MAY  BE
 REVOKED,  SUSPENDED, LIMITED, ANNULLED OR DENIED BY THE COMMISSIONER, IN
 CONSULTATION WITH THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  IF  AN
 AUTHORIZED  AGENCY  IS  DETERMINED  TO  HAVE  FAILED  TO COMPLY WITH THE
 PROVISIONS OF THIS ARTICLE OR  THE  RULES  AND  REGULATIONS  PROMULGATED
 THEREUNDER.
   (B)  NO SUCH LICENSE SHALL BE REVOKED, SUSPENDED, LIMITED, ANNULLED OR
 DENIED WITHOUT A  HEARING.    HOWEVER,  A  LICENSE  MAY  BE  TEMPORARILY
 SUSPENDED  OR  LIMITED  WITHOUT  A HEARING FOR A PERIOD NOT IN EXCESS OF
 THIRTY DAYS UPON WRITTEN NOTICE THAT THE CONTINUATION OF  HEALTH-RELATED
 SERVICES  PLACES  THE PUBLIC HEALTH OR SAFETY OF THE RECIPIENTS IN IMMI-
 NENT DANGER.
   (C) THE COMMISSIONER SHALL FIX A TIME AND PLACE  FOR  THE  HEARING.  A
 COPY  OF  THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND PLACE OF
 THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
 FIED MAIL TO THE AUTHORIZED AGENCY AT LEAST TWENTY-ONE DAYS  BEFORE  THE
 DATE  FIXED  FOR  THE HEARING. THE AUTHORIZED AGENCY SHALL FILE WITH THE
 DEPARTMENT NOT LESS THEN EIGHT DAYS PRIOR  TO  THE  HEARING,  A  WRITTEN
 ANSWER TO THE CHARGES.
   (D)  ALL ORDERS OR DETERMINATIONS HEREUNDER SHALL BE SUBJECT TO REVIEW
 AS PROVIDED IN ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES.  APPLICATION FOR SUCH REVIEW MUST BE MADE WITHIN SIXTY DAYS AFTER
 SERVICE IN PERSON OR BY REGISTERED OR CERTIFIED MAIL OF A  COPY  OF  THE
 ORDER OR DETERMINATION UPON THE APPLICANT OR AGENCY.
   §  2.  This act shall take effect immediately, provided, however, that
 the department of health, in consultation with the  office  of  children
 and  family  services,  shall  issue  any  regulations necessary for the
 implementation of this act.

 S. 2006--A                         156                        A. 3006--A

                                  PART O
 
   Section  1. Subdivision 1 of section 131-r of the social services law,
 as added by chapter 81 of the laws of 1995 and as designated by  chapter
 340 of the laws of 2003, is amended to read as follows:
   1.    Any person who is receiving or has received, within the previous
 ten years, public assistance pursuant to the provisions of this article,
 and who wins a lottery prize of six hundred dollars or more shall  reim-
 burse  the  department from the winnings, for all such public assistance
 benefits paid to such person during the previous ten  years[;  provided,
 however,  that such crediting to the department shall in no event exceed
 fifty percent of the amount of  the  lottery  prize].  The  commissioner
 shall enter into an agreement with the director of the lottery, pursuant
 to  section sixteen hundred thirteen-b of the tax law, for the crediting
 of lottery prizes against public  assistance  benefits.  Nothing  herein
 shall limit the ability of a social services district to make recoveries
 pursuant  to  section  [104]  ONE  HUNDRED  FOUR  or section [106-b] ONE
 HUNDRED SIX-B of this chapter.
   § 2. Subdivisions 1 and 3 of section 1613-b of the tax law, as amended
 by chapter 601 of the laws of 2007, are amended to read as follows:
   (1) Notwithstanding any limitations in section one hundred four of the
 social services law, the director of the lottery, on behalf of the divi-
 sion of the lottery, shall enter  into  a  written  agreement  with  the
 commissioner  of  the  office of temporary and disability assistance, on
 behalf of the office of temporary and disability assistance, which shall
 set forth the procedures for crediting any lottery prize of six  hundred
 dollars  or  more  awarded  to  an individual against any and all public
 assistance benefits which were given to or on behalf of such  individual
 within  a  period of up to ten years prior to the issuance of such prize
 of which the director of the lottery has been notified  by  the  commis-
 sioner  of the office of temporary and disability assistance pursuant to
 the provisions of such agreement[; provided, however, that in  no  event
 shall  such  credit to the office of temporary and disability assistance
 exceed fifty percent of any such lottery  prize  and  provided  further]
 that,  unless otherwise determined cost effective by the commissioner of
 the office of temporary and disability assistance and  the  director  of
 the lottery such procedure shall be required only to the extent that and
 with  respect  to periods for which it can be effected through automated
 type match.
   (3) Prior to awarding any lottery prize  of  six  hundred  dollars  or
 more,  the  division of the lottery shall review the notice of liability
 of public assistance benefits paid provided by the office  of  temporary
 and  disability  assistance. For each lottery prize winner identified on
 such notice as an individual, who is receiving or has  received,  within
 the  last  ten  years,  public assistance benefits, the lottery division
 shall credit to the office of temporary and disability  assistance  such
 amount  of the prize to satisfy the amount of public assistance benefits
 indicated as received within the previous ten years, and  any  remainder
 shall  be  awarded  to  the prize winner[; provided, however, that in no
 event shall such credit  to  the  office  of  temporary  and  disability
 assistance exceed fifty percent of any such lottery prize].
   § 3. This act shall take effect July 1, 2017.
 
                                  PART P

 S. 2006--A                         157                        A. 3006--A
 
   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  O  of  chapter  54  of  the  laws  of 2016, are amended to read as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least $141.00 for each month beginning on or  after  January
 first, two thousand [sixteen] SEVENTEEN.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least $163.00 for each month beginning  on  or  after
 January first, two thousand [sixteen] SEVENTEEN.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$193.00]  $194.00  for  each  month
 beginning on or after January first, two thousand [sixteen] SEVENTEEN.
   (d)  for the period commencing January first, two thousand [seventeen]
 EIGHTEEN, 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 [seventeen] EIGHTEEN, but prior to June thirtieth, two thousand
 [seventeen] EIGHTEEN, rounded to the nearest whole dollar.
   § 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
 O of chapter 54 of the laws of 2016, are amended to read as follows:
   (a) On and after January first, two thousand [sixteen] SEVENTEEN,  for
 an  eligible  individual  living  alone,  [$820.00]  $822.00; and for an
 eligible couple living alone, [$1204.00] $1,207.00.
   (b) On and after January first, two thousand [sixteen] SEVENTEEN,  for
 an  eligible  individual  living  with  others  with  or without in-kind
 income, [$756.00] $758.00; and for an eligible couple living with others
 with or without in-kind income, [$1146.00] $1,149.00.
   (c) On and after January first, two thousand [sixteen] SEVENTEEN,  (i)
 for an eligible individual receiving family care, [$999.48] $1,001.48 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,  [$961.48]
 $963.48;  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 [sixteen] SEVENTEEN, (i)
 for  an  eligible  individual  receiving  residential  care,  [$1168.00]
 $1,170.00 if he or she is receiving such care in the city of New York or
 the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
 eligible couple receiving residential care in the city of  New  York  or
 the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
 amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
 eligible  individual  receiving  such  care  in  any other county in the
 state, [$1138.00] $1,140.00; 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--A                         158                        A. 3006--A
 
   (e) (i) On and after January first, two thousand [sixteen]  SEVENTEEN,
 for   an   eligible  individual  receiving  enhanced  residential  care,
 [$1427.00] $1,429.00; 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 [seventeen] EIGHTEEN
 but prior to June thirtieth, two thousand [seventeen] EIGHTEEN.
   § 3. This act shall take effect December 31, 2017.
 
                                  PART Q
 
   Section 1. Section 412 of the social services law is amended by adding
 a new subdivision 9 to read as follows:
   9. A "PUBLICLY-FUNDED EMERGENCY SHELTER FOR  FAMILIES  WITH  CHILDREN"
 MEANS  ANY  FACILITY  WITH OVERNIGHT SLEEPING ACCOMMODATIONS AND THAT IS
 USED TO HOUSE RECIPIENTS OF TEMPORARY HOUSING ASSISTANCE AND WHICH HOUS-
 ES OR MAY HOUSE CHILDREN AND FAMILIES WITH CHILDREN.
   § 2. Paragraph (a) of subdivision 1  of  section  413  of  the  social
 services  law, as separately amended by chapters 126 and 205 of the laws
 of 2014, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  a  Christian  Science practitioner; school official, which
 includes but is not limited to school teacher, school  guidance  counse-
 lor,  school  psychologist,  school  social worker, school nurse, school
 administrator or other school personnel required to hold a  teaching  or
 administrative  license  or  certificate;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; EMPLOYEE OF A PUBL-
 ICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN; director of  a
 children's overnight camp, summer day camp or traveling summer day camp,
 as  such camps are defined in section thirteen hundred ninety-two of the
 public health law; day care center worker; school-age child care worker;
 provider of family or group family day care; employee or volunteer in  a
 residential  care  facility  for children that is licensed, certified or
 operated by the office of children and family  services;  or  any  other
 child  care or foster care worker; mental health professional; substance
 abuse counselor; alcoholism counselor; all persons credentialed  by  the

 S. 2006--A                         159                        A. 3006--A
 
 office of alcoholism and substance abuse services; peace officer; police
 officer;  district attorney or assistant district attorney; investigator
 employed in the office of a district attorney; or other law  enforcement
 official.
   §  3.  Subdivision  3  of section 424-a of the social services law, as
 amended by section 8 of part D of chapter 501 of the laws  of  2012,  is
 amended to read as follows:
   3.  For  purposes  of  this  section, the term "provider" or "provider
 agency" shall mean: an authorized agency[,]; the office of children  and
 family services[,]; juvenile detention facilities subject to the certif-
 ication  of  [such]  THE  office[,]  OF  CHILDREN  AND  FAMILY SERVICES;
 programs established pursuant to article  nineteen-H  of  the  executive
 law[,];  non-residential  or residential programs or facilities licensed
 or operated by the office of mental health or the office for people with
 developmental disabilities except family care homes[,];  licensed  child
 day  care centers, including head start programs which are funded pursu-
 ant to title V of the  federal  economic  opportunity  act  of  nineteen
 hundred  sixty-four,  as  amended[,];  early intervention service estab-
 lished pursuant to section  twenty-five  hundred  forty  of  the  public
 health  law[,];  preschool  services  established  pursuant  to  section
 forty-four hundred ten of the education law[,];  school-age  child  care
 programs[,];  special act school districts as enumerated in chapter five
 hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
 amended[,]; programs and facilities licensed by the office of alcoholism
 and substance abuse services[,]; residential schools which are operated,
 supervised  or  approved by the education department[,]; PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH CHILDREN,  PROVIDED,  HOWEVER,  FOR
 PURPOSES  OF  THIS  SECTION,  WHEN  THE PROVIDER OR PROVIDER AGENCY IS A
 PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN,  THEN  ALL
 REFERENCES IN THIS SECTION TO THE "POTENTIAL FOR REGULAR AND SUBSTANTIAL
 CONTACT WITH INDIVIDUALS WHO ARE CARED FOR BY THE AGENCY" SHALL MEAN THE
 POTENTIAL  FOR  REGULAR  AND  SUBSTANTIAL  CONTACT WITH CHILDREN WHO ARE
 SERVED BY SUCH SHELTER; and any other facility or  provider  agency,  as
 defined in subdivision four of section four hundred eighty-eight of this
 chapter,  in  regard  to the employment of staff, or use of providers of
 goods and services and staff of such providers, consultants, interns and
 volunteers.
   § 4. The social services law is amended by adding a new section  460-h
 to read as follows:
   § 460-H. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
 EMPLOYEES,  CONSULTANTS,  ASSISTANTS  AND  VOLUNTEERS OF PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH  CHILDREN.  1.  EVERY  PROVIDER  OF
 SERVICES  TO  PUBLICLY-FUNDED EMERGENCY SHELTERS FOR FAMILIES WITH CHIL-
 DREN, AS SUCH PHRASE IS DEFINED IN  SUBDIVISION  NINE  OF  SECTION  FOUR
 HUNDRED TWELVE OF THIS CHAPTER, SHALL REQUEST FROM THE DIVISION OF CRIM-
 INAL  JUSTICE  SERVICES  CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE,
 CONSULTANT,  ASSISTANT  OR  VOLUNTEER OF SUCH PROVIDER WHO WILL HAVE THE
 POTENTIAL FOR REGULAR AND SUBSTANTIAL  CONTACT  WITH  CHILDREN  WHO  ARE
 SERVED  BY THE PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHIL-
 DREN.
   (A) PRIOR TO REQUESTING CRIMINAL HISTORY  INFORMATION  CONCERNING  ANY
 PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR VOLUNTEER, A PROVIDER
 SHALL:

 S. 2006--A                         160                        A. 3006--A
 
   (1) INFORM THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT  OR  VOLUN-
 TEER  IN  WRITING  THAT  THE  PROVIDER IS REQUIRED TO REQUEST HIS OR HER
 CRIMINAL HISTORY INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION; AND
   (2)  OBTAIN  THE  SIGNED INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE,
 CONSULTANT, ASSISTANT OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES WHICH INDICATES THAT SUCH PERSON HAS:
   (I) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
 REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
   (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
 NAL HISTORY INFORMATION;
   (III) CONSENTED TO SUCH REQUEST; AND
   (IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS.
   (B)  UPON  RECEIVING SUCH WRITTEN CONSENT, THE PROVIDER SHALL OBTAIN A
 SET OF FINGERPRINTS OF SUCH PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT,
 OR VOLUNTEER AND PROVIDE SUCH FINGERPRINTS TO THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES PURSUANT TO REGULATIONS ESTABLISHED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   2. A PROVIDER SHALL DESIGNATE ONE OR TWO PERSONS  IN  ITS  EMPLOY  WHO
 SHALL  BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW THE CRIMINAL HISTORY
 INFORMATION,  AND  ONLY  SUCH  PERSONS  AND  THE  PROSPECTIVE  EMPLOYEE,
 CONSULTANT,  ASSISTANT OR VOLUNTEER TO WHICH THE CRIMINAL HISTORY INFOR-
 MATION RELATES SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED, HOWEVER,
 THE CRIMINAL HISTORY INFORMATION MAY BE  DISCLOSED  TO  OTHER  PERSONNEL
 AUTHORIZED  BY THE PROVIDER WHO ARE EMPOWERED TO MAKE DECISIONS CONCERN-
 ING PROSPECTIVE EMPLOYEES, CONSULTANTS,  ASSISTANTS  OR  VOLUNTEERS  AND
 PROVIDED  FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO THE
 CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. A
 PROVIDER SHALL NOTIFY EACH PERSON AUTHORIZED TO HAVE ACCESS TO  CRIMINAL
 HISTORY INFORMATION PURSUANT TO THIS SECTION.
   3. A PROVIDER REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO THIS
 SECTION  SHALL  ALSO  COMPLETE  A FORM DEVELOPED FOR SUCH PURPOSE BY THE
 DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE  A  SWORN
 STATEMENT  OF THE PERSON DESIGNATED BY SUCH PROVIDER TO REQUEST, RECEIVE
 AND REVIEW CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION  TWO  OF
 THIS SECTION CERTIFYING THAT:
   (A)  SUCH  CRIMINAL  HISTORY  INFORMATION WILL BE USED BY THE PROVIDER
 SOLELY FOR PURPOSES AUTHORIZED BY THIS SECTION;
   (B) THE PROVIDER AND ITS STAFF ARE AWARE OF  AND  WILL  ABIDE  BY  THE
 CONFIDENTIALITY  REQUIREMENTS  AND ALL OTHER PROVISIONS OF THIS SECTION;
 AND
   (C) THE PERSONS DESIGNATED BY THE PROVIDER TO RECEIVE CRIMINAL HISTORY
 INFORMATION PURSUANT TO SUBDIVISION  TWO  OF  THIS  SECTION  SHALL  UPON
 RECEIPT  IMMEDIATELY  MARK  SUCH CRIMINAL HISTORY INFORMATION "CONFIDEN-
 TIAL," AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMATION
 IN A SECURE PLACE.
   4. UPON RECEIPT OF THE FINGERPRINTS AND SWORN  STATEMENT  REQUIRED  BY
 THIS SECTION, THE PROVIDER SHALL PROMPTLY SUBMIT THE FINGERPRINTS TO THE
 DIVISION OF CRIMINAL JUSTICE SERVICES.
   5.  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY PROVIDE
 THE REQUESTED CRIMINAL HISTORY INFORMATION, IF ANY, TO THE PROVIDER THAT
 TRANSMITTED THE FINGERPRINTS TO IT.  SUCH INFORMATION SHALL AT ALL TIMES
 BE MAINTAINED BY THE PROVIDER IN A SECURE PLACE.
   6. UPON RECEIPT OF CRIMINAL HISTORY INFORMATION FROM THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES, THE PROVIDER MAY REQUEST, AND IS ENTITLED TO
 RECEIVE, INFORMATION PERTAINING TO ANY CRIME IDENTIFIED ON SUCH CRIMINAL

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 HISTORY INFORMATION FROM ANY STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCY,
 DISTRICT  ATTORNEY,  PAROLE  OFFICER, PROBATION OFFICER OR COURT FOR THE
 PURPOSES OF DETERMINING WHETHER ANY GROUNDS RELATING TO SUCH CRIME EXIST
 FOR DENYING ANY APPLICATION, RENEWAL, OR EMPLOYMENT.
   7.  AFTER  RECEIVING CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVI-
 SIONS FIVE AND SIX OF THIS SECTION AND BEFORE  MAKING  A  DETERMINATION,
 THE PROVIDER SHALL PROVIDE THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSIST-
 ANT OR VOLUNTEER WITH A SUMMARY OF SUCH CRIMINAL HISTORY INFORMATION AND
 A  COPY  OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH
 PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT AND VOLUNTEER OF HIS OR  HER
 RIGHT  TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH
 CRIMINAL HISTORY  INFORMATION  PROVIDED  BY  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES PURSUANT TO THE REGULATIONS AND PROCEDURES ESTABLISHED
 BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  AND  THE  RIGHT  OF  THE
 PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER TO PROVIDE
 INFORMATION RELEVANT TO SUCH ANALYSIS.
   8. CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO SUBDIVISIONS FIVE
 AND SIX OF THIS SECTION SHALL BE CONSIDERED BY THE PROVIDER  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
 AND  SUBDIVISIONS  FIFTEEN AND SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX
 OF THE EXECUTIVE LAW.
   9. A PROSPECTIVE EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER  MAY
 WITHDRAW  FROM  THE  APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME
 REGARDLESS OF WHETHER HE OR SHE, OR THE PROVIDER, HAS  REVIEWED  HIS  OR
 HER CRIMINAL HISTORY INFORMATION. WHERE A PROSPECTIVE EMPLOYEE, CONSULT-
 ANT,  ASSISTANT OR VOLUNTEER WITHDRAWS FROM THE APPLICATION PROCESS, ANY
 FINGERPRINTS AND CRIMINAL HISTORY INFORMATION CONCERNING  SUCH  PROSPEC-
 TIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER  RECEIVED  BY THE
 PROVIDER SHALL, WITHIN NINETY DAYS,  BE  RETURNED  TO  SUCH  PROSPECTIVE
 EMPLOYEE,  CONSULTANT,  ASSISTANT  OR VOLUNTEER BY THE PERSON DESIGNATED
 FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION  TWO
 OF THIS SECTION.
   10.  ANY  PERSON WHO WILLFULLY PERMITS THE RELEASE OF ANY CONFIDENTIAL
 CRIMINAL HISTORY INFORMATION CONTAINED IN  THE  REPORT  TO  PERSONS  NOT
 PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF
 A MISDEMEANOR.
   11.  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN
 CONSULTATION WITH THE OFFICE OF  TEMPORARY  AND  DISABILITY  ASSISTANCE,
 SHALL  PROMULGATE  ALL  RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION, WHICH SHALL  INCLUDE  CONVENIENT  PROCEDURES
 FOR  THE PROVIDER TO PROMPTLY VERIFY THE ACCURACY OF THE REVIEWED CRIMI-
 NAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY  LAW,  TO  HAVE
 ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
   § 5. Severability. If any clause, sentence, paragraph, subdivision, or
 section  contained  in this act shall be adjudged by any court of compe-
 tent jurisdiction to  be  invalid,  such  judgement  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation  to  the  clause,  sentence,  paragraph,  subdivision,  or
 section  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
 provision had not been included herein.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided however that: the commissioner of the office
 of  children  and  family  services,  in consultation with the office of
 temporary and disability assistance,  shall  promulgate  all  rules  and

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 regulations necessary to implement the provisions of section two of this
 act;  the commissioner of the office of temporary and disability assist-
 ance, in consultation with the office of children and  family  services,
 shall  promulgate  all  rules and regulations necessary to implement the
 provisions of sections one and three of this act; and  the  commissioner
 of  the  division of criminal justice services, in consultation with the
 office of temporary and  disability  assistance,  shall  promulgate  all
 rules  and  regulations necessary to implement the provisions of section
 four of this act; and provided  further,  the  aforementioned  rules  or
 regulations may be promulgated on an emergency basis.
 
                                  PART R
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for purposes  of  the  rural  rental
 assistance  program, a sum not to exceed twenty-two million nine hundred
 sixty thousand dollars for  the  fiscal  year  ending  March  31,  2018.
 Notwithstanding  any other provision of law, and subject to the approval
 of the New York state director of the budget, the board of directors  of
 the  state  of  New York mortgage agency shall authorize the transfer to
 the housing trust fund corporation, for the purposes of reimbursing  any
 costs  associated with rural rental assistance program contracts author-
 ized by this section, a total sum not to exceed twenty-two million  nine
 hundred  sixty  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 2016-2017 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, 2017.
   § 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-one  million
 dollars  for  the fiscal year ending March 31, 2018. Notwithstanding any
 other provision of law, and subject to the  approval  of  the  New  York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the housing finance
 agency,  for the purposes of reimbursing any costs associated with Mitc-
 hell Lama housing projects authorized by this section, a total  sum  not
 to  exceed  forty-one million dollars, such transfer to be made from (i)
 the special account of the mortgage insurance fund created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2016-2017 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

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 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, 2018.
   §  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, 2018.
 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 2016-2017 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, 2017.
   §  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,  2018.    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 2016-2017 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, 2017.
   § 5. Notwithstanding any other provision of  law,  the  housing  trust
 fund corporation may provide, for purposes of the rural and urban commu-
 nity  investment  fund  program created pursuant to article XXVII of the
 private housing finance law, a sum  not  to  exceed  thirty-six  million

 S. 2006--A                         164                        A. 3006--A
 
 dollars  for the fiscal year ending March 31, 2018.  Notwithstanding any
 other provision of law, and subject to the  approval  of  the  New  York
 state director of the budget, the board of directors of the state of New
 York  mortgage  agency shall authorize the transfer to the housing trust
 fund corporation, for the purposes of reimbursing any  costs  associated
 with rural and urban community investment fund program contracts author-
 ized  by  this  section,  a  total  sum not to exceed thirty-six million
 dollars, such transfer to be made from (i) the special  account  of  the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the  special  account  of the mortgage insurance fund, as determined and
 certified by the state of New York mortgage agency for the  fiscal  year
 2016-2017  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,
 2018.
   §  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
 twenty-one  million  dollars  for the fiscal year ending March 31, 2018.
 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 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  twenty-one  million  dollars,  such
 transfer  to be made from (i) the special account of the mortgage insur-
 ance fund created pursuant to section 2429-b of the  public  authorities
 law, in an amount not to exceed the actual excess balance in the special
 account  of  the mortgage insurance fund, as determined and certified by
 the state of New York mortgage agency for the fiscal year  2016-2017  in
 accordance  with  section  2429-b of the public authorities law, if any,
 and/or (ii) provided that the reserves in  the  project  pool  insurance
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the credit rating (as determined by the state of New York mortgage
 agency) required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage insurance fund, such transfer  to
 be made as soon as practicable but no later than March 31, 2018.
   §  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 two million dollars for the fiscal year ending  March  31,
 2018.  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

 S. 2006--A                         165                        A. 3006--A
 
 reimbursing any costs associated with homes for working families program
 contracts  authorized  by  this  section,  a total sum not to exceed two
 million dollars, such transfer to be made from (i) the  special  account
 of the mortgage insurance fund created pursuant to section 2429-b of the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2016-2017  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, 2018.
   §  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 six million five hundred  twenty-
 two  thousand  dollars  for  the  fiscal year ending March 31, 2018. 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
 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
 homeless housing and assistance corporation, a total sum not  to  exceed
 six  million  five hundred twenty-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 insurance fund, as determined and certified by the state of
 New York mortgage agency for the fiscal  year  2016-2017  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, 2018.
   § 9. This act shall take effect immediately.
 
                                  PART S
 
   Section 1. The section heading of section 421-a of the  real  property
 tax  law, as amended by chapter 857 of the laws of 1975 and such section
 as renumbered by chapter 110 of the laws of 1977, is amended to read  as
 follows:
   [Exemption  of new multiple dwellings from local taxation.] AFFORDABLE
 NEW YORK HOUSING PROGRAM.

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   § 2. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 10 of
 section 421-a of the real property tax law, as amended by chapter 15  of
 the laws of 2008, are amended to read as follows:
   (i)  all  rent  stabilization registrations required to be filed on or
 after January first, two thousand  eight  shall  contain  a  designation
 which  identifies  all  units that are subject to the provisions of this
 section as "[421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM  units"  and
 specifically  identifies  affordable  units  created  pursuant  to  this
 section and units which are required to be occupied by persons or  fami-
 lies  who  meet  specified income limits pursuant to the provisions of a
 local law enacted pursuant to this section as  "[421-a]  AFFORDABLE  NEW
 YORK  HOUSING PROGRAM affordable units" and shall contain an explanation
 of the requirements that apply to all such units. The owner  of  a  unit
 that  is subject to the provisions of this section shall, in addition to
 complying with the requirements of section 26-517 of the rent stabiliza-
 tion law, file a copy of the rent registration for each such  unit  with
 the local housing agency;
   (iii) the local housing agency shall create a report which, at a mini-
 mum,  contains  the  following  information  for  every  building  which
 receives benefits pursuant to this section:  address,  commencement  and
 termination  date  of  the  benefits, total number of residential units,
 number of "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM units" and number
 of "[421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM  affordable  units",
 apartment  number  or  other  designation of such units and the rent for
 each of such units. The local housing agency with the cooperation of the
 division of housing and community renewal  shall  maintain,  and  update
 such  report no less than annually, with information secured from annual
 registrations. Such reports shall be available for public inspection  in
 a  form  that  assigns  a unique designation to each unit other than its
 actual apartment number to maintain the privacy of such information; and
   § 3. Subdivision 16 of section 421-a of the real property tax law,  as
 added  by  section  63-c of part A of chapter 20 of the laws of 2015, is
 amended to read as follows:
   16. (a) Definitions. For the purposes of this subdivision:
   (i) "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits" shall  mean
 exemption from real property taxation pursuant to this subdivision.
   (ii)  "Affordability  option  A"  shall mean that, within any eligible
 site:  (A) not less than ten percent of the dwelling units are  afforda-
 ble  housing  forty  percent  units; (B) not less than an additional ten
 percent of the dwelling  units  are  affordable  housing  sixty  percent
 units;  (C)  not  less  than  an additional five percent of the dwelling
 units are affordable housing one hundred thirty percent units;  and  (D)
 such  eligible  site  is developed without the substantial assistance of
 grants, loans or subsidies provided by a federal, state or local govern-
 mental agency or instrumentality pursuant to a program for the  develop-
 ment  of  affordable housing, except that such eligible site may receive
 tax exempt bond proceeds and four percent tax credits.
   (iii) "Affordability option B" shall mean that,  within  any  eligible
 site, (A) not less than ten percent of the dwelling units are affordable
 housing seventy percent units, and (B) not less than an additional twen-
 ty  percent  of  the  dwelling  units are affordable housing one hundred
 thirty percent units.
   (iv) "Affordability option C" shall mean  that,  within  any  eligible
 site  excluding  the geographic area south of ninety-sixth street in the
 borough of Manhattan, and all other geographic areas in the city of  New
 York excluded pursuant to local law, (A) not less than thirty percent of

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 the  dwelling  units  are  affordable housing one hundred thirty percent
 units, and (B) such eligible site is developed without  the  substantial
 assistance of grants, loans or subsidies provided by a federal, state or
 local  governmental  agency or instrumentality pursuant to a program for
 the development of affordable housing.
   (v) "Affordability option D"  shall  only  apply  to  a  homeownership
 project, of which one hundred percent of the units shall have an average
 assessed  value not to exceed sixty-five thousand dollars upon the first
 assessment following the completion date and where  each  owner  of  any
 such unit shall agree, in writing, to maintain such unit as their prima-
 ry  residence  for  no less than five years from the acquisition of such
 unit.
   (VI) "AFFORDABILITY OPTION E" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 SITE  WITHIN  THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST OF
 NO LESS THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A)  NOT  LESS
 THAN  TEN  PERCENT  OF  THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING
 FORTY PERCENT UNITS; (B) NOT LESS THAN AN ADDITIONAL TEN PERCENT OF  THE
 RENTAL  DWELLING  UNITS  ARE AFFORDABLE HOUSING SIXTY PERCENT UNITS; (C)
 NOT LESS THAN AN ADDITIONAL FIVE PERCENT OF THE  RENTAL  DWELLING  UNITS
 ARE  AFFORDABLE  HOUSING  ONE HUNDRED TWENTY PERCENT UNITS; AND (D) SUCH
 ELIGIBLE SITE IS DEVELOPED WITHOUT THE SUBSTANTIAL ASSISTANCE OF GRANTS,
 LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE  OR  LOCAL  GOVERNMENTAL
 AGENCY  OR  INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF
 AFFORDABLE HOUSING, EXCEPT THAT  SUCH  ELIGIBLE  SITE  MAY  RECEIVE  TAX
 EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX CREDITS.
   (VII)  "AFFORDABILITY  OPTION  F" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
 SITE WITHIN THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST  CONSIST  OF
 NO  LESS  THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A) NOT LESS
 THAN TEN PERCENT OF THE RENTAL DWELLING  UNITS  ARE  AFFORDABLE  HOUSING
 SEVENTY  PERCENT  UNITS;  AND  (B)  NOT  LESS  THAN AN ADDITIONAL TWENTY
 PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE  HUNDRED
 THIRTY PERCENT UNITS.
   (VIII)  "AFFORDABILITY  OPTION G" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
 SITE LOCATED WITHIN THE BROOKLYN  ENHANCED  AFFORDABILITY  AREA  OR  THE
 QUEENS  ENHANCED  AFFORDABILITY  AREA, SUCH SITE MUST CONSIST OF NO LESS
 THAN THREE HUNDRED RENTAL DWELLING UNITS OF  WHICH  (A)  NOT  LESS  THAN
 THIRTY  PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE-
 HUNDRED THIRTY PERCENT UNITS; AND (B) SUCH ELIGIBLE  SITE  IS  DEVELOPED
 WITHOUT  THE  SUBSTANTIAL  ASSISTANCE  OF  GRANTS,  LOANS  OR  SUBSIDIES
 PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR  INSTRUMEN-
 TALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
   [(vi)]  (IX)  "Affordability  percentage"  shall  mean a fraction, the
 numerator of which is the number  of  affordable  housing  units  in  an
 eligible site and the denominator of which is the total number of dwell-
 ing units in such eligible site.
   [(vii)]  (X)  "Affordable  housing  forty  percent  unit" shall mean a
 dwelling unit that: (A) is situated within the eligible site  for  which
 [421-a]  AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are granted; and
 (B) upon initial rental and upon  each  subsequent  rental  following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  forty  percent  of  the  area median income, adjusted for family
 size, at the time that such household initially occupies  such  dwelling
 unit.
   [(viii)]  (XI)  "Affordable  housing  sixty percent unit" shall mean a
 dwelling unit that: (A) is situated within the eligible site  for  which

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 [421-a]  AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are granted; and
 (B) upon initial rental and upon  each  subsequent  rental  following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to  occupancy by individuals or families whose household income does not
 exceed sixty percent of the area  median  income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   [(ix)] (XII) "Affordable housing seventy percent unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed seventy percent of the area median income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   (XIII) "AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNIT" SHALL MEAN
 A DWELLING UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH
 AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS ARE GRANTED; AND  (B)  UPON
 INITIAL  RENTAL  AND  UPON  EACH  SUBSEQUENT  RENTAL FOLLOWING A VACANCY
 DURING THE RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO  OCCU-
 PANCY  BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED
 ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI-
 LY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH  DWELL-
 ING UNIT.
   [(x)] (XIV) "Affordable housing one hundred thirty percent unit" shall
 mean  a dwelling unit that: (A) is situated within the eligible site for
 which [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits are  granted;
 and  (B) upon initial rental and upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed one hundred thirty percent of the area  median  income,  adjusted
 for family size, at the time that such household initially occupies such
 dwelling unit.
   [(xi)]  (XV)  "Affordable  housing  unit" shall mean, collectively and
 individually, affordable housing forty percent units, affordable housing
 sixty percent units, affordable housing seventy percent units,  AFFORDA-
 BLE  HOUSING ONE HUNDRED TWENTY PERCENT UNITS and affordable housing one
 hundred thirty percent units.
   [(xii)] (XVI) "Agency" shall mean the department of housing  preserva-
 tion and development.
   [(xiii)]  (XVII)  "Application"  shall mean an application for [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xiv)] (XVIII) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT  EQUAL  TO
 THE  AGGREGATE AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR
 ON BEHALF OF, CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY  THE
 AGGREGATE NUMBER OF HOURS OF CONSTRUCTION WORK.
   (XIX)  "BROOKLYN  ENHANCED AFFORDABILITY AREA" SHALL MEAN ANY TAX LOTS
 NOW EXISTING OR HEREAFTER CREATED  WHICH  ARE  LOCATED  ENTIRELY  WITHIN
 COMMUNITY  BOARDS  ONE  AND  TWO  OF THE BOROUGH OF BROOKLYN BOUNDED AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 OF INTERSECTION OF THE CENTERLINE OF  NEWTOWN  CREEK  AND  THE  WESTERLY
 BOUNDS  OF  THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF
 NEWTOWN CREEK, SAID CENTERLINE ALSO BEING THE  BOUNDARY  BETWEEN  QUEENS
 COUNTY  TO THE NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE POINT

 S. 2006--A                         169                        A. 3006--A
 
 OF INTERSECTION  WITH  GREENPOINT  AVENUE;  THENCE  SOUTHWESTERLY  ALONG
 GREENPOINT  AVENUE,  TO  THE INTERSECTION WITH KINGS LAND AVENUE; THENCE
 SOUTHERLY ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH MEEKER AVENUE;
 THENCE  SOUTHWESTERLY  ALONG  MEEKER  AVENUE  TO  THE  INTERSECTION WITH
 LEONARD STREET; THENCE SOUTHERLY ALONG  LEONARD  STREET  TO  THE  INTER-
 SECTION  WITH  METROPOLITAN  AVENUE;  THENCE WESTERLY ALONG METROPOLITAN
 AVENUE TO THE INTERSECTION WITH LORIMER STREET; THENCE  SOUTHERLY  ALONG
 LORIMER STREET TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY
 ALONG  MONTROSE  AVENUE  TO  THE  INTERSECTION WITH UNION AVENUE; THENCE
 SOUTHERLY ALONG UNION AVENUE TO THE INTERSECTION  WITH  JOHNSON  AVENUE;
 THENCE  WESTERLY ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY;
 THENCE NORTHWESTERLY ALONG BROADWAY TO THE  INTERSECTION  WITH  RUTLEDGE
 STREET;  THENCE  SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION
 WITH KENT AVENUE AND CLASSON AVENUE; THENCE SOUTHWESTERLY AND  SOUTHERLY
 ALONG  CLASSON  AVENUE  TO  THE  INTERSECTION WITH DEKALB AVENUE; THENCE
 WESTERLY ALONG DEKALB AVENUE  TO  THE  INTERSECTION  WITH  BOND  STREET;
 THENCE  SOUTHWESTERLY ALONG BOND STREET TO THE INTERSECTION WITH WYCKOFF
 STREET; THENCE NORTHWESTERLY ALONG WYCKOFF STREET  TO  THE  INTERSECTION
 WITH  HOYT  STREET; THENCE SOUTHWESTERLY ALONG HOYT STREET TO THE INTER-
 SECTION WITH WARREN STREET; THENCE NORTHWESTERLY ALONG WARREN STREET  TO
 THE  INTERSECTION  WITH  COURT  STREET; THENCE NORTHEASTERLY ALONG COURT
 STREET TO THE INTERSECTION WITH ATLANTIC  AVENUE;  THENCE  NORTHWESTERLY
 ALONG  ATLANTIC  AVENUE,  CROSSING  UNDER THE BROOKLYN QUEENS EXPRESSWAY
 (AKA INTERSTATE 278), TO THE TERMINUS OF ATLANTIC AVENUE AT THE BROOKLYN
 BRIDGE PARK/PIER 6; THENCE NORTHWESTERLY PASSING  THROUGH  THE  BROOKLYN
 BRIDGE  PARK  TO  THE  BULKHEAD OF THE EAST RIVER AT PIER 6; THENCE IN A
 GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE
 OF THE EAST RIVER TO THE INTERSECTION WITH  THE  CENTERLINE  OF  NEWTOWN
 CREEK, AND THE POINT OR PLACE OF BEGINNING.
   (XX) "Building service employee" shall mean any person who is regular-
 ly employed at, and performs work in connection with the care or mainte-
 nance  of,  an eligible site, including, but not limited to, a watchman,
 guard, doorman, building cleaner, porter, handyman,  janitor,  gardener,
 groundskeeper,  elevator  operator  and starter, and window cleaner, but
 not including persons regularly scheduled to work fewer than eight hours
 per week at the eligible site.
   [(xv)] (XXI) "Commencement date"  shall  mean,  with  respect  to  any
 eligible   multiple   dwelling,  the  date  upon  which  excavation  and
 construction of initial footings and foundations lawfully begins in good
 faith or, for an eligible conversion, the date  upon  which  the  actual
 construction of the conversion, alteration or improvement of the pre-ex-
 isting building or structure lawfully begins in good faith.
   [(xvi)]  (XXII)  "Completion  date"  shall  mean,  WITH RESPECT TO ANY
 ELIGIBLE MULTIPLE DWELLING, the date upon which the local department  of
 buildings  issues  the first temporary or permanent certificate of occu-
 pancy covering all residential areas of an eligible multiple dwelling.
   [(xvii)] (XXIII) "Construction period" shall mean, with respect to any
 eligible multiple dwelling, a period: (A) beginning on the later of  the
 commencement  date  of  such  eligible  multiple dwelling or three years
 before the completion date of such eligible multiple dwelling;  and  (B)
 ending  on the day preceding the completion date of such eligible multi-
 ple dwelling.
   (XXIV) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED
 ON AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT  DATE  AND  THE  COMPLETION
 DATE,  WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY
 FORM, MAKE OR BUILD AN ELIGIBLE  MULTIPLE  DWELLING,  INCLUDING  WITHOUT

 S. 2006--A                         170                        A. 3006--A
 
 LIMITATION,  PAINTING,  OR  PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR
 EQUIPMENT IN THE ELIGIBLE  MULTIPLE  DWELLING,  BUT  EXCLUDING  SECURITY
 PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (XXV)   "CONSTRUCTION  WORKERS"  SHALL  MEAN  ALL  PERSONS  PERFORMING
 CONSTRUCTION WORK WHO (A) ARE PAID ON AN HOURLY BASIS AND (B) ARE NOT IN
 A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (XXVI) "CONTRACTOR CERTIFIED PAYROLL REPORT" SHALL  MEAN  AN  ORIGINAL
 PAYROLL  REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE-
 PENDENT MONITOR SETTING FORTH TO THE BEST OF THE  CONTRACTOR'S  OR  SUB-
 CONTRACTOR'S  KNOWLEDGE,  THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK
 PERFORMED BY CONSTRUCTION WORKERS, THE  AMOUNT  OF  WAGES  AND  EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   [(xviii)]  (XXVII)  "Eligible  conversion"  shall mean the conversion,
 alteration or  improvement  of  a  pre-existing  building  or  structure
 resulting  in  a  multiple  dwelling  in  which  no more than forty-nine
 percent of the floor area consists  of  such  pre-existing  building  or
 structure.
   [(xix)]  (XXVIII)  "Eligible  multiple dwelling" shall mean a multiple
 dwelling, INCLUDING A PORTION OF A MULTIPLE DWELLING,  or  homeownership
 project  containing  six  or  more  dwelling  units  created through new
 construction or eligible conversion for which the commencement  date  is
 after  December thirty-first, two thousand fifteen and on or before June
 fifteenth,  two  thousand  [nineteen]  TWENTY-TWO,  and  for  which  the
 completion  date  is  on or before June fifteenth, two thousand [twenty-
 three] TWENTY-SIX.
   [(xx)] (XXIX) "Eligible  site"  shall  mean  either:  (A)  a  tax  lot
 containing an eligible multiple dwelling; or (B) a zoning lot containing
 two or more eligible multiple dwellings that are part of a single appli-
 cation.
   (XXX)  "EMPLOYEE  BENEFITS"  SHALL  MEAN ALL SUPPLEMENTAL COMPENSATION
 PAID BY THE EMPLOYER, ON BEHALF  OF  CONSTRUCTION  WORKERS,  OTHER  THAN
 WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE
 INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISA-
 BILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSUR-
 ANCE  AND  APPRENTICESHIP  TRAINING.  THE VALUE OF ANY EMPLOYEE BENEFITS
 RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY  COST  TO  THE
 EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (XXXI) "ENHANCED AFFORDABILITY AREA" SHALL MEAN THE MANHATTAN ENHANCED
 AFFORDABILITY  AREA,  THE  BROOKLYN  ENHANCED AFFORDABILITY AREA AND THE
 QUEENS ENHANCED AFFORDABILITY AREA.
   (XXXII) "ENHANCED THIRTY-FIVE YEAR BENEFIT" SHALL MEAN:  (A)  FOR  THE
 CONSTRUCTION  PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) FOR THE
 NEXT THIRTY-FIVE YEARS OF THE EXTENDED RESTRICTION PERIOD, A ONE HUNDRED
 PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS
 FOR LOCAL IMPROVEMENTS.
   (XXXIII)  "EXTENDED RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING
 ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVERSARY  OF  THE
 COMPLETION  DATE,  NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
 OF AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS.
   [(xxi)] (XXXIV) "Fiscal officer" shall mean the comptroller  or  other
 analogous officer in a city having a population of one million or more.
   [(xxii)]  (XXXV)  "Floor  area" shall mean the horizontal areas of the
 several floors, or any portion thereof, of a dwelling or dwellings,  and
 accessory  structures on a lot measured from the exterior faces of exte-
 rior walls, or from the center line of party walls.

 S. 2006--A                         171                        A. 3006--A

   [(xxiii)] (XXXVI) "Four percent tax credits" shall  mean  federal  low
 income  housing  tax  credits computed in accordance with clause (ii) of
 subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
 of the internal revenue code of nineteen hundred eighty-six, as amended.
   [(xxiv)] (XXXVII) "Homeownership project" shall mean a multiple dwell-
 ing  or  portion thereof operated as condominium or cooperative housing,
 however, it shall not include a multiple  dwelling  or  portion  thereof
 operated  as  cooperative  or  condominium  housing  located  within the
 borough of Manhattan, and shall not include  a  multiple  dwelling  that
 contains more than thirty-five units.
   [(xxv)]  (XXXVIII)  "INDEPENDENT  MONITOR"  SHALL  MEAN  AN ACCOUNTANT
 LICENSED AND IN GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE
 OF THE EDUCATION LAW.
   (XXXIX) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION  OR  INTERFER-
 ENCE  WITH  THE  CONSTRUCTION  WORK  CAUSED  BY THE ACTIONS OF ANY LABOR
 ORGANIZATION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE  SITE,
 INCLUDING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES,
 WALK   OUTS,  SLOWDOWNS,  PICKETING,  BANNERING,  HAND  BILLING,  DEMON-
 STRATIONS, SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE
 STRUCK BUSINESS, AND USE OF THE RAT  OR  OTHER  INFLATABLE  BALLOONS  OR
 SIMILAR DISPLAYS.
   (XL)  "Market unit" shall mean a dwelling unit in an eligible multiple
 dwelling other than an affordable housing unit.
   [(xxvi)] (XLI) "Multiple dwelling" shall have the meaning set forth in
 the multiple dwelling law.
   [(xxvii)] (XLII) "Non-residential tax lot" shall mean a tax  lot  that
 does not contain any dwelling units.
   [(xxviii)]  (XLIII) "MANHATTAN ENHANCED AFFORDABILITY AREA" SHALL MEAN
 ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED LOCATED ENTIRELY SOUTH OF
 96TH STREET IN THE BOROUGH OF MANHATTAN.
   (XLIV) "PROJECT LABOR AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  SETTING FORTH THE TERMS AND CONDITIONS OF EMPLOY-
 MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
   (XLV) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN  A  CERTIFIED
 PAYROLL  REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE AGENCY BASED
 ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH  THE  TOTAL
 NUMBER  OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION WORKERS,
 THE AGGREGATE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
   (XLVI) "QUEENS ENHANCED AFFORDABILITY AREA" SHALL MEAN  ANY  TAX  LOTS
 NOW  EXISTING  OR  HEREAFTER  CREATED  WHICH ARE LOCATED ENTIRELY WITHIN
 COMMUNITY BOARDS ONE AND TWO  OF  THE  BOROUGH  OF  QUEENS  BOUNDED  AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 BEING  THE  INTERSECTION  OF THE EASTERLY SHORE OF THE EAST RIVER WITH A
 LINE OF PROLONGATION OF  20TH  AVENUE  PROJECTED  NORTHWESTERLY;  THENCE
 SOUTHEASTERLY  ON THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG 20TH
 AVENUE TO THE INTERSECTION WITH 31ST STREET; THENCE SOUTHWESTERLY  ALONG
 31ST  STREET  TO THE INTERSECTION WITH NORTHERN BOULEVARD; THENCE SOUTH-
 WESTERLY ALONG NORTHERN BOULEVARD TO THE INTERSECTION WITH QUEENS BOULE-
 VARD (AKA ROUTE 25); THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO  THE
 INTERSECTION  WITH VAN DAM STREET; THENCE SOUTHERLY ALONG VAN DAM STREET
 TO THE INTERSECTION WITH BORDEN AVENUE; THENCE SOUTHWESTERLY  ALONG  VAN
 DAM STREET TO THE INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE;
 THENCE  SOUTHWESTERLY  ALONG  GREENPOINT  AVENUE  TO THE POINT OF INTER-
 SECTION WITH THE CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN

 S. 2006--A                         172                        A. 3006--A
 
 CREEK ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY  TO  THE  NORTH  AND
 KINGS  COUNTY TO THE SOUTH; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF
 NEWTOWN CREEK, ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY  AND  KINGS
 COUNTY  TO  ITS INTERSECTION WITH THE EASTERLY BOUNDS OF THE EAST RIVER;
 THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY  BULKHEAD
 OR SHORELINE OF THE EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
   (XLVII)  "Rent  stabilization"  shall  mean,  collectively,  the  rent
 stabilization law of nineteen hundred sixty-nine, the rent stabilization
 code, and the emergency tenant protection act of nineteen  seventy-four,
 all  as in effect as of the effective date of the chapter of the laws of
 two thousand fifteen that added this subdivision or as amended thereaft-
 er, together with  any  successor  statutes  or  regulations  addressing
 substantially the same subject matter.
   [(xxix)]  (XLVIII)  "Rental  project"  shall  mean an eligible site in
 which all dwelling units included in any  application  are  operated  as
 rental housing.
   [(xxx)]  (XLIX)  "Residential  tax  lot"  shall  mean  a  tax lot that
 contains dwelling units.
   [(xxxi)] (L) "Restriction period" shall mean a  period  commencing  on
 the  completion date and expiring on the thirty-fifth anniversary of the
 completion date, notwithstanding any earlier termination  or  revocation
 of [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xxxii)]  (LI)  "Tax exempt bond proceeds" shall mean the proceeds of
 an exempt facility bond, as defined in paragraph (7) of  subsection  (a)
 of  section  one hundred forty-two of the internal revenue code of nine-
 teen hundred eighty-six, as amended, the interest upon which  is  exempt
 from  taxation  under  section one hundred three of the internal revenue
 code of nineteen hundred eighty-six, as amended.
   (LII) "THIRD PARTY FUND ADMINISTRATOR" SHALL BE  A  PERSON  OR  ENTITY
 THAT  RECEIVES  FUNDS  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
 OVERSEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO  CONSTRUCTION  WORK-
 ERS.    THE  THIRD  PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY
 APPROVED BY THE AGENCY, AND RECOMMENDED BY ONE, OR MORE,  REPRESENTATIVE
 OR  REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE YEAR TERM SHALL CONTINUE TO
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED. THE AGENCY, AFTER PROVIDING NOTICE AND AFTER MEETING WITH THE
 THIRD PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR FOR  CAUSE
 UPON AN AGENCY DETERMINATION THAT THE ADMINISTRATOR HAS BEEN INEFFECTIVE
 AT  OVERSEEING  OR  MANAGING  THE DISBURSAL OF FUNDS TO THE CONSTRUCTION
 WORKERS. THE THIRD PARTY FUND ADMINISTRATOR SHALL, AT THE REQUEST OF THE
 AGENCY, SUBMIT REPORTS TO THE AGENCY.
   [(xxxiii)] (LIII) "Thirty-five year benefit" shall mean: (A)  for  the
 construction  period, a one hundred percent exemption from real property
 taxation, other than assessments for local  improvements;  (B)  for  the
 first twenty-five years of the restriction period, a one hundred percent
 exemption  from real property taxation, other than assessments for local
 improvements; and (C) for the final ten years of the restriction period,
 an exemption from real property taxation,  other  than  assessments  for
 local improvements, equal to the affordability percentage.

 S. 2006--A                         173                        A. 3006--A
 
   [(xxxiv)]  (LIV)  "Twenty  year  benefit"  shall  mean:  (A)  for  the
 construction period, a one hundred percent exemption from real  property
 taxation,  other  than  assessments  for local improvements; (B) for the
 first fourteen years of the restriction period, a  one  hundred  percent
 exemption  from real property taxation, other than assessments for local
 improvements, provided, however, that no exemption shall  be  given  for
 any portion of a unit's assessed value that exceeds $65,000; and (C) for
 the  final  six  years  of the restriction period, a twenty-five percent
 exemption from real property taxation, other than assessments for  local
 improvements,  provided,  however,  that no exemption shall be given for
 any portion of a unit's assessed value that exceeds $65,000.
   (LV) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS  OF
 ANY  KIND  PAID  TO,  OR  ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION  WORKER,  TOGETHER  WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS,  HOLIDAY  PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
 PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL  AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT  INSURANCE  AND  PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   (b) Benefit. In cities having a population of  one  million  or  more,
 notwithstanding  the provisions of any other subdivision of this section
 or of any general, special or local law to the  contrary,  new  eligible
 sites,  except  hotels, that comply with the provisions of this subdivi-
 sion shall be exempt from real property taxation, other than assessments
 for local improvements, in the amounts and for the periods specified  in
 this  paragraph.  A rental project that meets all of the requirements of
 this subdivision shall receive a thirty-five year benefit and a homeown-
 ership project that meets all of the requirements  of  this  subdivision
 shall  receive  a  twenty year benefit. A RENTAL PROJECT THAT ALSO MEETS
 ALL OF THE REQUIREMENTS OF  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  SHALL
 RECEIVE AN ENHANCED THIRTY-FIVE YEAR BENEFIT.
   (C)  IN  ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SUBDIVI-
 SION, RENTAL PROJECTS CONTAINING THREE HUNDRED OR MORE  RENTAL  DWELLING
 UNITS  LOCATED  WITHIN THE ENHANCED AFFORDABILITY AREA SHALL COMPLY WITH
 THE REQUIREMENTS SET FORTH IN THIS PARAGRAPH. FOR PURPOSES OF THIS PARA-
 GRAPH, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTH-
 ER PARTY (INCLUDING SUBCONTRACTORS) UNDERTAKES TO  PERFORM  CONSTRUCTION
 WORK  AT  AN  ELIGIBLE  SITE AND "APPLICANT" SHALL MEAN AN APPLICANT FOR
 AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
   (I) SUCH RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY  OPTION
 E, AFFORDABILITY OPTION F OR AFFORDABILITY OPTION G.
   (II)  THE  MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON
 AN ELIGIBLE SITE WITHIN THE MANHATTAN ENHANCED AFFORDABILITY AREA  SHALL
 BE  NO LESS THAN SIXTY DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  SEVENTEEN  THAT  ADDED
 THIS  PARAGRAPH  AND  EVERY  THREE YEARS THEREAFTER, THE MINIMUM AVERAGE
 HOURLY WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER,  THAT
 ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE
 SHALL  BE REQUIRED TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON
 ITS COMMENCEMENT DATE.
   (III) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS  ON
 AN  ELIGIBLE SITE WITHIN THE BROOKLYN ENHANCED AFFORDABILITY AREA OR THE
 QUEENS ENHANCED AFFORDABILITY AREA SHALL  BE  NO  LESS  THAN  FORTY-FIVE

 S. 2006--A                         174                        A. 3006--A
 
 DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE DATE OF THE CHAPTER OF
 THE  LAWS  OF TWO THOUSAND SEVENTEEN THAT ADDED THIS PARAGRAPH AND EVERY
 THREE YEARS  THEREAFTER,  THE  MINIMUM  AVERAGE  HOURLY  WAGE  SHALL  BE
 INCREASED  BY  FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING WITH A
 COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE SHALL  BE  REQUIRED
 TO  PAY  THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON ITS COMMENCEMENT
 DATE.
   (IV) THE REQUIREMENTS OF SUBPARAGRAPHS (II) AND (III)  OF  THIS  PARA-
 GRAPH SHALL NOT BE APPLICABLE TO:
   (A)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
 THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH  SUBSEQUENT  RENTAL
 FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE TO AND
 RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES WHOSE HOUSEHOLD
 INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDI-
 AN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT;
   (B)  ANY  PORTION  OF AN ELIGIBLE MULTIPLE DWELLING WHICH IS OWNED AND
 OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
   (C) AT THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT  TO  A
 PROJECT LABOR AGREEMENT.
   (V)  THE  APPLICANT  SHALL  CONTRACT WITH AN INDEPENDENT MONITOR. SUCH
 INDEPENDENT MONITOR SHALL SUBMIT TO THE AGENCY WITHIN ONE  YEAR  OF  THE
 COMPLETION  DATE  A  PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE EVENT
 SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE AGEN-
 CY WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT TO  A  FINE
 OF  ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF; PROVIDED THAT
 THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.   IN THE  EVENT
 THAT  THE  AVERAGE  HOURLY  WAGE IS LESS THAN THE MINIMUM AVERAGE HOURLY
 WAGE SET FORTH IN SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH AS APPLI-
 CABLE, THE PROJECT-WIDE CERTIFIED REPORT SHALL ALSO SET FORTH THE AGGRE-
 GATE AMOUNT OF SUCH DEFICIENCY.
   (VI) THE CONTRACTOR CERTIFIED PAYROLL REPORT  SHALL  BE  SUBMITTED  BY
 EACH  CONTRACTOR  AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS AFTER THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE CONTRACTOR CERTIFIED PAYROLL REPORT WITHIN THE  TIME  PRESCRIBED  IN
 THIS  SUBPARAGRAPH,  THE INDEPENDENT MONITOR SHALL NOTIFY THE AGENCY AND
 THE AGENCY SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR SUB-CONTRACTOR
 IN THE AMOUNT OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION  THEREOF,
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
   (VII)  IN  THE  EVENT  THAT  THE PROJECT-WIDE CERTIFIED PAYROLL REPORT
 SHOWS THAT THE AVERAGE HOURLY WAGE AS REQUIRED BY SUBPARAGRAPH  (II)  OR
 (III) OF THIS PARAGRAPH, AS APPLICABLE, WAS NOT PAID, (A) IF THE AVERAGE
 HOURLY  WAGE  IS  WITHIN  FIFTEEN  PERCENT  OF  THE  AVERAGE HOURLY WAGE
 REQUIRED BY SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH,  AS  APPLICABLE,
 THEN  NO  LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION
 OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT  SHALL  PAY
 TO  THE  THIRD PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE AMOUNT OF
 THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE CERTIFIED  PAYROLL  REPORT.
 THE  THIRD PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO THE
 CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK  ON  SUCH  ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD PARTY FUND ADMINISTRATOR
 SHALL  SUBMIT  TO  THE  AGENCY  A  PLAN SUBJECT TO THE AGENCY'S APPROVAL
 SETTING FORTH THE MANNER IN WHICH THE  THIRD  PARTY  FUND  ADMINISTRATOR
 WILL  REACH  THE  REQUIRED AVERAGE WAGE WITHIN ONE HUNDRED FIFTY DAYS OF
 RECEIVING THE PAYMENT FROM THE APPLICANT AND  HOW  ANY  REMAINING  FUNDS

 S. 2006--A                         175                        A. 3006--A
 
 WILL  BE  DISBURSED IN THE EVENT THAT THE THIRD PARTY FUND ADMINISTRATOR
 CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE  YEAR
 OF  RECEIVING AGENCY APPROVAL.  IN THE EVENT THAT THE APPLICANT FAILS TO
 MAKE  SUCH  PAYMENT  WITHIN  THE TIME PERIOD PRESCRIBED IN THIS SUBPARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND  DOLLARS
 PER  WEEK  PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND
 DOLLARS; OR (B) IF THE AVERAGE HOURLY WAGE IS MORE THAN FIFTEEN  PERCENT
 BELOW  THE  MINIMUM  AVERAGE HOURLY WAGE REQUIRED BY SUBPARAGRAPH (I) OR
 (II) OF THIS PARAGRAPH, AS APPLICABLE, THEN NO LATER  THAN  ONE  HUNDRED
 TWENTY  DAYS  FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED
 PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD PARTY FUND ADMINIS-
 TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN  THE
 PROJECT-WIDE  PAYROLL  REPORT.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 DISTRIBUTE SUCH  PAYMENT  TO  THE  CONSTRUCTION  WORKERS  WHO  PERFORMED
 CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
 THE  THIRD  PARTY  FUND  ADMINISTRATOR SHALL SUBMIT TO THE AGENCY A PLAN
 SUBJECT TO THE AGENCY'S APPROVAL SETTING FORTH THE MANNER IN  WHICH  THE
 THIRD  PARTY  FUND  ADMINISTRATOR  WILL  REACH THE REQUIRED AVERAGE WAGE
 WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM  THE  APPLI-
 CANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE
 THIRD  PARTY  FUND  ADMINISTRATOR  CANNOT  DISTRIBUTE  THE  FUNDS TO THE
 CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING AGENCY APPROVAL.    IN
 ADDITION,  THE  AGENCY  SHALL  IMPOSE  A  PENALTY ON THE APPLICANT IN AN
 AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE  AMOUNT  OF  THE  DEFICIENCY,
 PROVIDED,  HOWEVER,  THAT THE AGENCY SHALL NOT IMPOSE SUCH PENALTY WHERE
 THE ELIGIBLE MULTIPLE DWELLING HAS BEEN THE  SUBJECT  OF  A  JOB  ACTION
 WHICH  RESULTS  IN  A  WORK  DELAY.  ANY PAYMENTS RECEIVED BY THE AGENCY
 PURSUANT TO THIS SUBPARAGRAPH SHALL BE USED TO PROVIDE AFFORDABLE  HOUS-
 ING.  IN  THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN
 THE TIME PERIOD PRESCRIBED IN THIS SUBPARAGRAPH, THE APPLICANT SHALL  BE
 SUBJECT  TO  A  FINE OF ONE THOUSAND DOLLARS PER WEEK, PROVIDED THAT THE
 MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS. NOTWITHSTANDING ANY
 PROVISION OF THIS PARAGRAPH, THE APPLICANT SHALL NOT BE  LIABLE  IN  ANY
 RESPECT  WHATSOEVER  FOR  ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR
 RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR  FOR  FRAUDU-
 LENT  OR  INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDU-
 LENT OR INACCURATE PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS,  PROVIDED,
 HOWEVER,  THAT  PAYMENT  TO  THE  THIRD  PARTY FUND ADMINISTRATOR IN THE
 AMOUNT SET  FORTH  IN  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT  AS
 DESCRIBED  IN THIS SUBPARAGRAPH SHALL STILL BE MADE BY THE CONTRACTOR OR
 SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM OR CAUSED  BY
 THE  CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT WILL BE LIABLE
 FOR UNDERPAYMENT TO THE THIRD  PARTY  ADMINISTRATOR  UNLESS  THE  AGENCY
 DETERMINES, IN ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT
 OF,  OR  CAUSED  BY,  CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR
 FRAUDULENT OR INACCURATE CONTRACTOR  CERTIFIED  PAYROLL  REPORTS  AND/OR
 PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS. THE APPLICANT SHALL OTHERWISE
 NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD  PARTY
 FUND  ADMINISTRATOR  HAS  BEEN  MADE  IN  THE  AMOUNT  SET  FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT.
   (VIII) NOTHING IN THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO  CONFER  A
 PRIVATE  RIGHT  OF  ACTION  TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH,
 PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER
 OF ANY EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR  REPRESENTATIVES
 RELATED  TO  WAGE  AND  BENEFIT  COLLECTION,  WAGE  THEFT OR OTHER LABOR
 PROTECTIONS OR RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS  PARA-

 S. 2006--A                         176                        A. 3006--A
 
 GRAPH  RELIEVES  ANY  OBLIGATIONS  PURSUANT  TO  A COLLECTIVE BARGAINING
 AGREEMENT.
   (IX)  A  RENTAL  PROJECT  CONTAINING THREE HUNDRED OR MORE RESIDENTIAL
 DWELLING UNITS NOT LOCATED WITHIN THE ENHANCED  AFFORDABILITY  AREA  MAY
 ELECT  TO COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH.  SUCH ELECTION
 SHALL BE MADE IN THE APPLICATION AND SHALL NOT  THEREAFTER  BE  CHANGED.
 SUCH  RENTAL  PROJECT  SHALL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS
 PARAGRAPH AND SHALL BE DEEMED TO BE LOCATED WITHIN THE BROOKLYN ENHANCED
 AFFORDABILITY AREA OR THE QUEENS ENHANCED  AFFORDABILITY  AREA  FOR  THE
 PURPOSES OF THIS PARAGRAPH.
   [(c)]  (D)  Tax  payments.  In  addition  to any other amounts payable
 pursuant to this subdivision, the owner of any eligible  site  receiving
 [421-a]  AFFORDABLE NEW YORK HOUSING PROGRAM benefits shall pay, in each
 tax year in which such [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits are in effect, real property taxes and assessments as follows:
   (i) with respect to each eligible  multiple  dwelling  constructed  on
 such  eligible  site,  real  property taxes on the assessed valuation of
 such land and any improvements thereon in effect  during  the  tax  year
 prior to the commencement date of such eligible multiple dwelling, with-
 out  regard to any exemption from or abatement of real property taxation
 in effect during such tax year,  which  real  property  taxes  shall  be
 calculated  using the tax rate in effect at the time such taxes are due;
 and
   (ii) all assessments for local improvements.
   [(d)] (E) Limitation on benefits for  non-residential  space.  If  the
 aggregate floor area of commercial, community facility and accessory use
 space  in an eligible site, other than parking which is located not more
 than twenty-three feet above the curb level, exceeds twelve  percent  of
 the  aggregate  floor area in such eligible site, any [421-a] AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits shall be reduced by a percentage equal
 to such excess. If an eligible site contains multiple tax lots, the  tax
 arising  out  of  such  reduction in [421-a] AFFORDABLE NEW YORK HOUSING
 PROGRAM benefits shall first be apportioned pro rata among any non-resi-
 dential tax lots. After any such  non-residential  tax  lots  are  fully
 taxable,  the  remainder  of  the  tax  arising out of such reduction in
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits, if any,  shall  be
 apportioned pro rata among the remaining residential tax lots.
   [(e)]  (F)  Calculation  of benefit. Based on the certification of the
 agency certifying the applicant's eligibility for [421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM  benefits,  the  assessors  shall  certify  to  the
 collecting officer the amount of taxes to be exempted.
   [(f)] (G) Affordability requirements. During the restriction period, a
 rental project shall comply with either affordability option A, afforda-
 bility option B, or affordability option C or for purposes of a homeown-
 ership  project,  such project shall comply with affordability option D.
 Such election shall be made in the application and shall not  thereafter
 be  changed. The rental project shall also comply with all provisions of
 this paragraph during the restriction period and with subparagraph (iii)
 of this paragraph both during and after the restriction  period  to  the
 extent provided in such subparagraph.  A RENTAL PROJECT CONTAINING THREE
 HUNDRED  OR  MORE RENTAL DWELLING UNITS LOCATED IN THE ENHANCED AFFORDA-
 BILITY AREA OR A RENTAL PROJECT CONTAINING THREE HUNDRED OR MORE  RENTAL
 DWELLING  UNITS NOT LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA WHICH
 ELECTS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION SHALL COMPLY WITH  EITHER  AFFORDABILITY  OPTION  E,  AFFORDABILITY
 OPTION  F, OR AFFORDABILITY OPTION G. SUCH ELECTION SHALL BE MADE IN THE

 S. 2006--A                         177                        A. 3006--A
 
 APPLICATION AND SHALL NOT THEREAFTER BE  CHANGED.  SUCH  RENTAL  PROJECT
 SHALL  ALSO  COMPLY  WITH  ALL  PROVISIONS  OF THIS PARAGRAPH DURING THE
 EXTENDED RESTRICTION PERIOD AND WITH SUBPARAGRAPH (III)  OF  THIS  PARA-
 GRAPH  BOTH  DURING  AND  AFTER  THE  EXTENDED RESTRICTION PERIOD TO THE
 EXTENT PROVIDED IN SUCH PARAGRAPH.
   (i) Affordable units LOCATED IN A RENTAL PROJECT shall share the  same
 common  entrances  and  common areas as market rate units IN SUCH RENTAL
 PROJECT, and shall not be isolated to a specific floor  or  area  of  [a
 building]  THE  RENTAL  PROJECT.    Common entrances shall mean any area
 regularly used by any resident OF THE RENTAL  PROJECT  for  ingress  and
 egress from [a multiple dwelling] THE RENTAL PROJECT; and
   (ii) Unless preempted by the requirements of a federal, state or local
 housing  program, either (A) the affordable housing units in an eligible
 site shall have a unit mix proportional to the market units, or  (B)  at
 least  fifty percent of the affordable housing units in an eligible site
 shall have two or more bedrooms and no more than twenty-five percent  of
 the affordable housing units shall have less than one bedroom.
   (iii)  Notwithstanding  any  provision  of  rent  stabilization to the
 contrary, all affordable housing units shall be fully  subject  to  rent
 stabilization during the restriction period, provided that tenants hold-
 ing  a  lease  and  in occupancy of such affordable housing units at the
 expiration of the restriction period shall have the right to  remain  as
 rent stabilized tenants for the duration of their occupancy.
   (iv)  All rent stabilization registrations required to be filed pursu-
 ant to subparagraph (iii) of this paragraph shall contain a  designation
 that  specifically  identifies affordable housing units created pursuant
 to this subdivision as "[421-a]  AFFORDABLE  NEW  YORK  HOUSING  PROGRAM
 affordable  housing  units"  and  shall  contain  an  explanation of the
 requirements that apply to all such affordable housing units.
   (v) Failure to comply with  the  provisions  of  this  paragraph  that
 require  the  creation,  maintenance,  rent stabilization compliance and
 occupancy of affordable housing units or for purposes of a homeownership
 project the failure to comply with affordability option D  shall  result
 in  revocation  of any [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits for the period of such non-compliance.
   (vi) Nothing in this subdivision shall (A) prohibit the  occupancy  of
 an  affordable  housing  unit by individuals or families whose income at
 any time is less than the maximum percentage of the area median  income,
 adjusted  for  family  size,  specified for such affordable housing unit
 pursuant to this subdivision, or (B) prohibit the owner of  an  eligible
 site  from requiring, upon initial rental or upon any rental following a
 vacancy, the occupancy of any affordable  housing  unit  by  such  lower
 income individuals or families.
   (vii)  Following  issuance of a temporary certificate of occupancy and
 upon each vacancy thereafter, an affordable housing unit shall  promptly
 be  offered  for rental by individuals or families whose income does not
 exceed the maximum percentage of the area median  income,  adjusted  for
 family size, specified for such affordable housing unit pursuant to this
 subdivision  and  who  intend  to occupy such affordable housing unit as
 their primary residence. An affordable housing unit  shall  not  be  (A)
 rented  to  a  corporation, partnership or other entity, or (B) held off
 the market for a period longer than is reasonably necessary  to  perform
 repairs  needed to make such affordable housing unit available for occu-
 pancy.
   (viii) An affordable housing unit shall not be rented on a  temporary,
 transient  or  short-term  basis. Every lease and renewal thereof for an

 S. 2006--A                         178                        A. 3006--A

 affordable housing unit shall be for a term of one or two years, at  the
 option of the tenant.
   (ix)  An affordable housing unit shall not be converted to cooperative
 or condominium ownership.
   (x) The agency may establish by rule such requirements as  the  agency
 deems necessary or appropriate for (A) the marketing of affordable hous-
 ing  units,  both upon initial occupancy and upon any vacancy, (B) moni-
 toring compliance with the provisions of  this  paragraph  and  (C)  the
 marketing and monitoring of any homeownership project that is granted an
 exemption  pursuant  to this subdivision. Such requirements may include,
 but need not be limited to, retaining a monitor approved by  the  agency
 and paid for by the owner.
   (xi)  Notwithstanding any provision of this subdivision to the contra-
 ry, a market unit shall be subject to rent stabilization unless, in  the
 absence  of  [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, the
 owner would be entitled to remove such market unit from rent  stabiliza-
 tion  upon  vacancy  by  reason  of the monthly rent exceeding any limit
 established thereunder.
   [(g)] (H) Building service employees. (i) For  the  purposes  of  this
 paragraph,  "applicant"  shall  mean an applicant for [421-a] AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits, any successor to such  applicant,  or
 any  employer  of building service employees for such applicant, includ-
 ing, but not limited to, a property management company or contractor.
   (ii) All building service employees employed by the applicant  at  the
 eligible  site  shall  receive  the  applicable  prevailing wage for the
 entire restriction period.
   (iii)  The  fiscal  officer  shall  have  the  power  to  enforce  the
 provisions  of  this paragraph. In enforcing such provisions, the fiscal
 officer shall have the power:
   (A) to investigate or cause an investigation to be made  to  determine
 the  prevailing  wages  for  building  service employees; in making such
 investigation, the fiscal officer may utilize wage  and  fringe  benefit
 data  from  various  sources,  including,  but  not limited to, data and
 determinations of federal, state or other governmental agencies;
   (B) to institute and conduct inspections at the site of  the  work  or
 elsewhere;
   (C)  to  examine  the  books,  documents and records pertaining to the
 wages paid to, and the hours of  work  performed  by,  building  service
 employees;
   (D) to hold hearings and, in connection therewith, to issue subpoenas,
 administer  oaths  and  examine witnesses; the enforcement of a subpoena
 issued under this paragraph shall be regulated by the civil practice law
 and rules;
   (E) to make a classification by craft, trade or other generally recog-
 nized occupational category of the building  service  employees  and  to
 determine  whether  such work has been performed by the building service
 employees in such classification;
   (F) to require the applicant to file with the fiscal officer a  record
 of  the  wages  actually  paid by such applicant to the building service
 employees and of their hours of work;
   (G) to delegate any of the foregoing powers to his or  her  deputy  or
 other authorized representative; and
   (H)  to promulgate rules as he or she shall consider necessary for the
 proper execution of the duties, responsibilities  and  powers  conferred
 upon him or her by the provisions of this subparagraph.

 S. 2006--A                         179                        A. 3006--A
 
   (iv)  If  the  fiscal  officer  finds that the applicant has failed to
 comply with the provisions of this paragraph, he or  she  shall  present
 evidence of such noncompliance to the agency.
   (v) Subparagraph (ii) of this paragraph shall not be applicable to:
   (A) an eligible multiple dwelling containing less than thirty dwelling
 units; or
   (B)  an  eligible multiple dwelling in which all of the dwelling units
 are affordable housing units and not less than  fifty  percent  of  such
 affordable  housing  units, upon initial rental and upon each subsequent
 rental following a vacancy during the restriction period, are affordable
 to and restricted to occupancy by individuals or families  whose  house-
 hold  income does not exceed one hundred twenty-five percent of the area
 median income, adjusted for family size, at the time that such household
 initially occupies such dwelling unit.
   [(h)] (I) Replacement ratio. If the land on which an eligible site  is
 located  contained any dwelling units three years prior to the commence-
 ment date of the first eligible multiple  dwelling  thereon,  then  such
 eligible  site  shall  contain  at least one affordable housing unit for
 each dwelling unit that existed on such date and was  thereafter  demol-
 ished, removed or reconfigured.
   [(i)]  (J)  Concurrent exemptions or abatements. An eligible [multiple
 dwelling] SITE receiving [421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM
 benefits shall not receive any exemption from or abatement of real prop-
 erty taxation under any other law.
   [(j)]  (K)  Voluntary renunciation or termination. Notwithstanding the
 provisions of any general, special or local  law  to  the  contrary,  an
 owner  shall  not  be  entitled to voluntarily renounce or terminate any
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits unless  the  agency
 authorizes  such  renunciation  or  termination  in  connection with the
 commencement of a new tax exemption pursuant to either the private hous-
 ing finance law or section four hundred twenty-c of this title.
   [(k)] (L) Termination or  revocation.  The  agency  may  terminate  or
 revoke  [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits for noncom-
 pliance with this subdivision, PROVIDED, HOWEVER, THAT THE AGENCY  SHALL
 NOT TERMINATE OR REVOKE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS FOR
 A  FAILURE TO COMPLY WITH PARAGRAPH (C) OF THIS SUBDIVISION.  If [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits are terminated  or  revoked
 for  noncompliance with this subdivision, [all of the affordable housing
 units shall remain subject to rent stabilization or for a  homeownership
 project  such project shall continue to comply with affordability option
 D of this subdivision and all other requirements of this subdivision for
 the restriction period and any additional period expressly  provided  in
 this  subdivision,  as  if the 421-a benefits had not been terminated or
 revoked] (I) ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
 RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF  THIS  SUBDIVISION  FOR
 THE  RESTRICTION  PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN
 THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS
 HAD NOT BEEN TERMINATED OR REVOKED; (II) ALL OF THE MARKET RATE  HOUSING
 UNITS  SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIRE-
 MENTS OF THIS SUBDIVISION FOR THE RESTRICTION PERIOD AND ANY  ADDITIONAL
 PERIOD  EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE AFFORDABLE NEW
 YORK HOUSING PROGRAM  BENEFITS  HAD  NOT  BEEN  TERMINATED  OR  REVOKED,
 PROVIDED, HOWEVER, THAT THE OWNER SHALL STILL BE ENTITLED TO REMOVE SUCH
 MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
 LY  RENT  EXCEEDING  ANY  LIMIT  ESTABLISHED  THEREUNDER; (III) OR FOR A
 HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORD-

 S. 2006--A                         180                        A. 3006--A
 
 ABILITY OPTION D OF THIS SUBDIVISION AND ALL OTHER REQUIREMENTS OF  THIS
 SUBDIVISION  FOR  THE  RESTRICTION  PERIOD  AND  ANY  ADDITIONAL  PERIOD
 EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE  AFFORDABLE  NEW  YORK
 HOUSING PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   [(l)] (M) Powers cumulative. The enforcement provisions of this subdi-
 vision  shall not be exclusive, and are in addition to any other rights,
 remedies, or enforcement powers set forth in any other law or  available
 at law or in equity.
   [(m)] (N) Multiple tax lots. If an eligible site contains multiple tax
 lots,  an  application  may  be submitted with respect to one or more of
 such tax lots.  The  agency  shall  determine  eligibility  for  [421-a]
 AFFORDABLE  NEW  YORK  HOUSING  PROGRAM benefits based upon the tax lots
 included in such application AND BENEFITS  FOR  EACH  MULTIPLE  DWELLING
 SHALL COMMENCE UPON COMMENCEMENT OF CONSTRUCTION OF SUCH MULTIPLE DWELL-
 ING.
   [(n)] (O) Applications. (i) The application with respect to any eligi-
 ble  multiple dwelling shall be filed with the agency not later than one
 year after the completion date of such eligible multiple dwelling.
   (ii) Notwithstanding the provisions of any general, special  or  local
 law to the contrary, the agency may require by rule that applications be
 filed electronically.
   (iii) The agency may rely on certification by an architect or engineer
 submitted  by  an applicant in connection with the filing of an applica-
 tion. A false certification by  such  architect  or  engineer  shall  be
 deemed  to  be  professional  misconduct  pursuant to section sixty-five
 hundred nine of the education law. Any licensee  found  guilty  of  such
 misconduct under the procedures prescribed in section sixty-five hundred
 ten of the education law shall be subject to the penalties prescribed in
 section sixty-five hundred eleven of the education law, and shall there-
 after  be ineligible to submit a certification pursuant to this subdivi-
 sion.
   (IV) THE AGENCY SHALL  NOT  REQUIRE  THAT  THE  APPLICANT  DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   [(o)]  (P)  Filing  fee.  The agency may require a filing fee of three
 thousand dollars per dwelling unit in connection with  any  application.
 However,  the  agency  may  promulgate  rules  imposing a lesser fee for
 eligible sites containing eligible multiple dwellings  constructed  with
 the  substantial  assistance of grants, loans or subsidies provided by a
 federal, state or local governmental agency or instrumentality  pursuant
 to a program for the development of affordable housing.
   [(p)]  (Q)  Rules. THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE
 THE PROVISIONS OF THIS SUBDIVISION. The agency  [may]  SHALL  promulgate
 rules  to  carry  out the provisions of this subdivision, INCLUDING, BUT
 NOT LIMITED TO, PROVISIONS RELATED TO THE  CALCULATION  OF  THE  AVERAGE
 HOURLY WAGE.
   [(q)  Authority of city to enact local law. Except as otherwise speci-
 fied in this subdivision, a city to which this subdivision is applicable
 may enact a local law to restrict, limit or  condition  the  eligibility
 for  or  the  scope  or amount of 421-a benefits in any manner, provided
 that such local law may not grant 421-a benefits beyond  those  provided
 in  this  subdivision and provided further that such local law shall not
 take effect sooner than one year after it is enacted. The provisions  of
 sections  11-245  and 11-245.1 of the administrative code of the city of
 New York or of any other local law of the city of  New  York  that  were
 enacted  on  or  before the effective date of the chapter of the laws of

 S. 2006--A                         181                        A. 3006--A

 two thousand fifteen which added  this  paragraph  shall  not  restrict,
 limit  or  condition the eligibility for or the scope or amount of 421-a
 benefits pursuant to this subdivision.]
   (r)  Election.  Notwithstanding  anything  in  this subdivision to the
 contrary, [if a memorandum  of  understanding  pursuant  to  subdivision
 sixteen-a  of  this  section  has  been  executed and noticed,] a rental
 project or homeownership project with a commencement date on  or  before
 December  thirty-first, two thousand fifteen that has not received bene-
 fits pursuant to this section prior to the effective date of the chapter
 of the laws of two thousand fifteen  that  added  this  subdivision  may
 elect to comply with this subdivision and receive [421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM benefits pursuant to this subdivision.
   § 4. Subdivision 16-a of section 421-a of the real property tax law is
 REPEALED.
   § 5. 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.
   § 6. This act shall take effect immediately;  and  provided,  however,
 that  sections  one,  two, and three of this act shall be deemed to have
 been in full force and effect on and after January 1, 2016.
 
                                  PART T
 
   Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 2000, is amended to read as
 follows:
   4.  Notwithstanding  any provision of this section to the contrary, in
 any county outside a city having a population of one  million  or  more,
 upon or after arraignment of a defendant on an information, a simplified
 information, a prosecutor's information or a misdemeanor complaint pend-
 ing  in  a  local  criminal  court,  such  court may, upon motion of the
 defendant and with the consent of the district attorney, order that  the
 action  be  removed  from  the  court  in which the matter is pending to
 another local criminal court in the same county which  has  been  desig-
 nated  a  drug  court  by  the  chief administrator of the courts, OR TO
 ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY OR AN  ADJOINING  COUNTY
 THAT  HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS, and such drug court OR VETERANS TREATMENT  COURT
 may  then  conduct  such  action  to [judgement] JUDGMENT or other final
 disposition; provided, however, that an order of  removal  issued  under
 this  subdivision  shall  not take effect until five days after the date
 the order is issued unless, prior to such effective date, the drug court
 OR VETERANS TREATMENT COURT notifies the court  that  issued  the  order
 that:
   (a)  it will not accept the action, in which event the order shall not
 take effect, or
   (b) it will accept the action on a date prior to such effective  date,
 in which event the order shall take effect upon such prior date.
   Upon  providing  notification pursuant to paragraph (a) or (b) of this
 subdivision, the drug court OR VETERANS TREATMENT COURT  shall  promptly

 S. 2006--A                         182                        A. 3006--A
 
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 2. Subdivision 3 of section 180.20 of the criminal procedure law, as
 amended  by  chapter  67  of  the  laws  of  2000, is amended to read as
 follows:
   3. Notwithstanding any provision of this section to the  contrary,  in
 any  county  outside  a city having a population of one million or more,
 upon or after arraignment of a defendant on a felony  complaint  pending
 in  a local criminal court having preliminary jurisdiction thereof, such
 court may, upon motion of the defendant and  with  the  consent  of  the
 district  attorney,  order  that the action be removed from the court in
 which the matter is pending to another local criminal court in the  same
 county which has been designated a drug court by the chief administrator
 of  the  courts,  OR TO ANOTHER COURT IN THE SAME COUNTY OR AN ADJOINING
 COUNTY THAT HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE  CHIEF
 ADMINISTRATOR  OF  THE COURTS, and such drug court OR VETERANS TREATMENT
 COURT may then dispose of such felony complaint pursuant to  this  arti-
 cle;  provided,  however,  that  an  order  of removal issued under this
 subdivision shall not take effect until five days  after  the  date  the
 order  is issued unless, prior to such effective date, the drug court OR
 VETERANS TREATMENT COURT notifies the court that issued the order that:
   (a) it will not accept the action, in which event the order shall  not
 take effect, or
   (b)  it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon such prior date.
   Upon providing notification pursuant to paragraph (a) or (b)  of  this
 subdivision,  the  drug court OR VETERANS TREATMENT COURT shall promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (u) to read as follows:
   (U)  TO  THE  EXTENT  PRACTICABLE,  ESTABLISH  SUCH NUMBER OF VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   § 4. This act shall take effect immediately.

                                  PART U
 
   Section  1. The executive law is amended by adding a new article 51 to
 read as follows:
                                 ARTICLE 51
                 DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS
 SECTION 1010. DIVISION OF CENTRAL ADMINISTRATION HEARINGS.
        1011. POWERS AND DUTIES.
   § 1010. DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS.  THERE IS  HEREBY
 CREATED IN THE EXECUTIVE DEPARTMENT A DIVISION OF CENTRAL ADMINISTRATIVE
 HEARINGS  HEREINAFTER  IN  THIS ARTICLE CALLED THE DIVISION. THE HEAD OF
 SUCH DIVISION SHALL BE A CHIEF ADMINISTRATIVE LAW  JUDGE  WHO  SHALL  BE
 APPOINTED  BY  THE GOVERNOR AND SHALL HOLD OFFICE AT THE PLEASURE OF THE
 GOVERNOR.
   § 1011. POWERS AND DUTIES. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
 THE  CHIEF ADMINISTRATIVE LAW JUDGE MAY ESTABLISH, CONSOLIDATE, REORGAN-
 IZE OR ABOLISH ANY ADMINISTRATIVE  HEARING  FUNCTION  WITHIN  ANY  CIVIL
 DEPARTMENT  AS  HE  OR  SHE DETERMINES TO BE NECESSARY FOR THE EFFICIENT
 OPERATION OF THE DIVISION,  PROVIDED  THAT  ANY  SUCH  ACTIONS  MUST  BE

 S. 2006--A                         183                        A. 3006--A
 
 APPROVED  BY  THE DIRECTOR OF THE BUDGET PURSUANT TO A PLAN SUBMITTED TO
 THE DIRECTOR, AND PROVIDED FURTHER THAT SUCH AUTHORITY SHALL  NOT  APPLY
 TO THE DEPARTMENT OF LAW AND THE DEPARTMENT OF AUDIT AND CONTROL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  any  actions  necessary  to  be taken for the implementation of the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.
   § 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.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through U of this act shall  be
 as specifically set forth in the last section of such Parts.

2017-A3006B - Details

Law Section:: Budget Bills

2017-A3006B - Summary

2017-A3006B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3006--B
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence  and  the apportionment of public moneys; to amend the education
   law, in relation to requiring the commissioner of education to include
   certain information in the official score report of all  students;  to
   amend  the education law, in relation to a weapon or firearm on school
   grounds; to amend the education law, in relation to  English  language
   learner  pupils;  to  amend  the education law, in relation to poverty
   counts; to amend the education law, in relation to kindergarten  tran-
   sition  aid;  to  amend  the  education law, in relation to conforming
   foundation aid  base  change  to  accommodate  pulling  out  community
   schools;  to amend the education law, in relation to defining consumer
   price index; to amend the education law, in relation to establishing a
   foundation aid phase-in; to amend the education law,  in  relation  to
   community  schools  aid;  to  amend  the education law, in relation to
   increases in the BOCES aid salary cap; to amend the education law,  in
   relation  to  special  services  aid  for  ninth graders; to amend the
   education law, in relation to  total  foundation  aid;  to  amend  the
   education  law,  in  relation  to  community  school aid; to amend the
   education law, in relation to building aid;  to  amend  the  education
   law,  in  relation to academic enhancement aid; to amend the education
   law, in relation to high tax aid;  to  amend  the  education  law,  in
   relation  to  universal  pre-kindergarten  aid; to amend the education
   law, in relation to the statewide universal full-day  pre-kindergarten
   program;  to amend the education law, in relation to state aid adjust-
   ments; to amend the education law, in  relation  to  the  teachers  of
   tomorrow  teacher  recruitment  and  retention  program;  to amend the
   education law, in relation to class sizes for special classes contain-
   ing certain students with disabilities; 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  suspension  of pupils who bring a firearm to or possess a firearm

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-04-7

 A. 3006--B                          2
 
   at a school, in relation to the effectiveness thereof;  to  amend  the
   education law, in relation to the special needs of gifted students; to
   amend  chapter  472  of  the  laws of 1998, amending the education law
   relating to the lease of school buses by school districts, in relation
   to the effectiveness thereof; to amend chapter 82 of the laws of 1995,
   amending  the  education  law and certain other laws relating to state
   aid to school districts and the appropriation of funds for the support
   of government, in relation to  the  effectiveness  thereof;  to  amend
   chapter  91  of  the laws of 2002 amending the education law and other
   laws relating to the  reorganization  of  the  New  York  city  school
   construction  authority,  board  of education and community boards, 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 the effectiveness
   thereof;  to amend chapter 345 of the laws of 2009 amending the educa-
   tion law and other laws relating to the New York city board of  educa-
   tion,  chancellor,  community councils, and community superintendents,
   in relation to the effectiveness thereof; to amend chapter 756 of  the
   laws  of  1992, relating to funding a program for work force education
   conducted by the consortium for worker education in New York city,  in
   relation  to  reimbursements  for  the 2017-2018 school year; to amend
   chapter 756 of the laws of 1992, relating to  funding  a  program  for
   work  force education conducted by the consortium for worker education
   in New York city, in relation to withholding a portion  of  employment
   preparation  education aid and in relation to the effectiveness there-
   of; to amend chapter 89 of the laws of 2016, relating to supplementary
   funding for dedicated programs for public school students in the  East
   Ramapo  central  school district, in relation to reimbursement to such
   school district and in relation to the effectiveness thereof; to amend
   chapter 147 of the laws of 2001, amending the education  law  relating
   to conditional appointment of school district, charter school or BOCES
   employees,  in  relation  to  the  effectiveness  thereof; relating to
   school bus driver training; relates to special apportionment for sala-
   ry expenses and public pension accruals; relates to suballocations  of
   appropriations;  relating  to  the city school district of the city of
   Rochester; relates to total foundation aid  for  the  purpose  of  the
   development,  maintenance  or  expansion  of certain magnet schools or
   magnet school programs for the 2017-2018 school year; relates  to  the
   support  of  public libraries; to amend the education law, in relation
   to serving persons two years of age or older; 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 school district apportionments; to amend chapter 57 of
   the laws of 2004, relating to the support of education in relation  to
   the  effectiveness thereof; to amend the education law, in relation to
   estimated data relating to apportionments; to amend chapter 57 of  the
   laws  of  2008,  amending  the education law relating to the universal
   pre-kindergarten program, in relation to the effectiveness thereof; to
   amend chapter 658 of the laws of  2002,  amending  the  education  law
   relating  to citizenship requirements for permanent certification as a
   teacher, in relation to extending the effectiveness thereof; to  amend
   the  education  law,  in  relation  to reimbursement methodologies for
   tuition and maintenance in certain schools; to exempt the state educa-
   tion department from budget bulletin B-1182; relating to  persistently
   failing  school transformation grant funds; providing for the increase
   of tuition rates; to amend the education law, in relation  to  teacher

 A. 3006--B                          3
 
   certification  standards for eligible agencies; to amend the education
   law, in relation to contracts for the transportation of  school  chil-
   dren; to amend the tax law, in relation to exempting school buses from
   sales  and use taxes; to amend the education law, in relation to addi-
   tional expanded prekindergarten; to direct the chancellor of  the  New
   York city department of education to complete a study on the admission
   processes  of  the  specialized  senior high schools; to authorize the
   commissioner of education to recover a penalty from the Newburgh  city
   school district; to authorize the commissioner of education to recover
   a penalty from the North Syracuse central school district; requiring a
   report  on student discipline; and to repeal subdivision 16 of section
   3602-ee of the education law, relating thereto (Part A); to amend  the
   education  law  and  the  state  finance  law,  in relation to charter
   schools (Part A-1); intentionally  omitted  (Part  B);  to  amend  the
   education law, in relation to the education of homeless children (Part
   C);  to  amend  the  education  law,  in  relation to establishing the
   excelsior scholarship  (Part  D);  to  amend  the  education  law,  in
   relation  to  creating the New York DREAM fund commission; 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; financial aid oppor-
   tunities 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  E);  intentionally omitted (Part F); to amend the
   education law and the state finance law, in relation  to  the  NY-SUNY
   2020 challenge grant program act; and to amend chapter 260 of the laws
   of  2011,  amending  the  education  law  and the New York state urban
   development corporation act relating to establishing components of the
   NY-SUNY 2020 challenge grant program, in relation to the effectiveness
   thereof (Part G); to amend the education law, in relation  to  founda-
   tion  contributions  to  SUNY  and CUNY (Part H); to amend the limited
   liability company law, in relation to creating a right for victims  of
   wage theft; to amend the labor law, in relation to employee complaints
   and  in  relation  to  personal  liability of members with the largest
   ownership interests in a company for wage theft; to amend the  limited
   liability company law and the labor law, in relation to the ability of
   the  state to collect unpaid wages; to amend the lien law, in relation
   to employee liens; to amend the  civil  practice  law  and  rules,  in
   relation  to  grounds for attachment; and to amend the business corpo-
   ration law, in relation to streamlining procedures where employees may
   hold  shareholders  of  non-publicly  traded  corporations  personally
   liable  for  wage  theft  (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

 A. 3006--B                          4
 
   periods of post-release supervision for juvenile offenders;  to  amend
   chapter  3  of the laws of 1995, enacting the sentencing reform act of
   1995, in relation to extending the expiration of certain provisions of
   such  chapter; 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; in relation to
   removal of certain proceedings to family court; in relation to joinder
   of  offenses  and consolidation of indictments; in relation to appear-
   ances 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; and to amend
   the vehicle and traffic  law,  in  relation  to  convictions;  and  in
   relation  to  suspension,  revocation  and  reissuance of licenses and
   registrations; and to repeal certain provisions of the correction  law
   relating  to  the  housing  of  prisoners and other persons in custody
   (Part J); to amend chapter 83 of the laws of 2002, amending the execu-
   tive law and other laws relating to funding for  children  and  family
   services,  in relation to extending the effectiveness thereof (Subpart
   A); Intentionally omitted (Subpart B) (Part K); to  amend  the  family
   court  act, in relation to the definition of an abused child (Part L);
   to amend the executive law, the social services  law  and  the  family
   court  act, in relation to  increasing the age of youth eligible to be
   served in RHYA programs and to allow for additional length of stay for
   youth in residential programs (Part M); to  amend  the  public  health
   law,  in  relation to the licensure of certain health-related services
   provided by authorized agencies (Part N); intentionally omitted  (Part
   O);  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  P);  to  amend  the social services law, in
   relation to expanding inquiries of the statewide central  register  of
   child abuse and maltreatment and allowing additional reviews of crimi-
   nal  history information (Part Q); to utilize reserves in the mortgage
   insurance fund for various housing purposes  (Part  R);  intentionally
   omitted  (Part S); to amend the criminal procedure law and the judici-
   ary law, in relation to removal of a criminal  action  to  a  veterans
   court  (Part  T);  intentionally omitted (Part U); to amend the social
   services law, in relation to  the  twelve  month  work  exemption  for
   certain  parents  or relatives providing child care (Part V); to amend
   the social services law,  in  relation  to  educational  training  and
   educational  activities  (Part  W);  to  amend  the  education law, in
   relation to public university and foundation oversight  (Part  X);  to
   amend  the  education  law,  in  relation  to increasing the amount of
   tuition assistance program awards (Part Y);  to  amend  the  education
   law,  in  relation  to  establishing  a student loan refinance program
   (Part Z); directing the chancellors of the  state  university  of  New
   York  and  the  city  university of New York to examine the process by
   which certain students maintain support upon transferring to a differ-
   ent campus or college (Part  AA);  to  amend  the  education  law,  in

 A. 3006--B                          5
 
   relation  to part-time tuition assistance program awards (Part BB); to
   amend part K of chapter 58 of the laws of  2010  amending  the  social
   services  law  relating to establishing the savings plan demonstration
   project,  in relation to extending the period of effectiveness thereof
   (Part CC); relating to public works projects (Part DD); to  amend  the
   education  law,  in  relation  to creating a firearm violence research
   institute (Part EE); to amend the social services law, in relation  to
   establishing  the  home  stability support program (Part FF); to amend
   the social services law, in relation to increasing  the  standards  of
   monthly  need  for  an  individual receiving enhanced residential care
   (Part GG); to amend the education law and the general  municipal  law,
   in  relation  to  changes  in  the tax cap (Part HH); and to amend the
   education law, in relation to certain electronic  and  online  student
   resources (Part II)
 
   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 2017-2018
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through II. 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 54 of the laws of
 2016, 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

 A. 3006--B                          6
 
 contract for excellence for the two thousand twelve--two thousand  thir-
 teen  school  year  which  shall,  notwithstanding  the  requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  eleven--two  thousand  twelve  school  year and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand twelve--two thousand thirteen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year and provided further that,  a  school  district  that  submitted  a
 contract  for  excellence  for  the  two thousand thirteen--two thousand
 fourteen school year, unless all schools in the district are  identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; AND
 PROVIDED FURTHER THAT NO SCHOOL DISTRICT SHALL BE REQUIRED TO  SUBMIT  A
 CONTRACT  FOR  EXCELLENCE  FOR  THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR AND THEREAFTER.   For purposes of  this  paragraph,
 the  "gap  elimination adjustment percentage" shall be calculated as the
 sum of one minus the quotient of the sum of the  school  district's  net
 gap  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  pursu-

 A. 3006--B                          7
 
 ant  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 activ-
 ities approved in the two thousand nine--two thousand ten school year or
 to support new or expanded allowable  programs  and  activities  in  the
 current year.
   §  2.  The  education law is amended by adding a new section 2590-v to
 read as follows:
   § 2590-V. NOTICE TO STUDENTS REGARDING CERTAIN TEST SCORES. THE  CHAN-
 CELLOR SHALL ANNUALLY NOTIFY ALL SEVENTH GRADE STUDENTS OF OPPORTUNITIES
 TO  APPLY  FOR  ADMISSION  TO THE SPECIALIZED HIGH SCHOOLS AUTHORIZED IN
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-H
 OF THIS ARTICLE.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 5-a. Intentionally omitted.
   § 5-b. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Paragraph a of subdivision 33 of section  305  of  the  education
 law,  as  amended by chapter 621 of the laws of 2003, is amended to read
 as follows:
   a. The commissioner shall establish procedures  for  the  approval  of
 providers  of  supplemental  educational services in accordance with the
 provisions of subsection (e) of section one thousand one hundred sixteen
 of the No Child Left Behind Act of 2001 and shall adopt  regulations  to
 implement  such procedures. Notwithstanding any other provision of state
 or local law, rule or regulation to the contrary, any local  educational
 agency that receives federal funds pursuant to title I of the Elementary
 and  Secondary Education Act of nineteen hundred sixty-five, as amended,
 shall be authorized to contract with the approved provider selected by a
 student's parent, as such term is  defined  in  subsection  [thirty-one]
 THIRTY-EIGHT of section [nine] EIGHT thousand one hundred one of the [No
 Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
 NINETEEN  HUNDRED  SIXTY-FIVE,  AS AMENDED, for the provision of supple-
 mental educational services to the extent required  under  such  section
 one  thousand  one  hundred sixteen.   Eligible approved providers shall
 include, but not be limited to, public schools, BOCES,  institutions  of
 higher education, and community based organizations.
   §  8.  Subdivision 7 of section 2802 of the education law, as added by
 chapter 425 of the laws of 2002, is amended to read as follows:
   7. Notwithstanding any other provision of state or local law, rule  or
 regulation  to  the  contrary,  any  student  who attends a persistently
 dangerous public elementary or secondary school, as  determined  by  the
 commissioner  pursuant  to  paragraph a of this subdivision, or who is a
 victim of a violent criminal offense, as defined pursuant to paragraph b
 of this subdivision, that occurred on the grounds of a public elementary
 or secondary school that the student attends, shall be allowed to attend
 a safe public school within the local educational agency to  the  extent
 required  by section [ninety-five] EIGHTY-FIVE hundred thirty-two of the
 [No Child Left Behind Act of 2001] ELEMENTARY  AND  SECONDARY  EDUCATION
 ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED.
   a.  The  commissioner shall annually determine which public elementary
 and secondary schools are  persistently  dangerous  in  accordance  with
 regulations  of the commissioner developed in consultation with a repre-

 A. 3006--B                          8
 
 sentative sample of local educational agencies. Such determination shall
 be based on data submitted through the uniform violent incident  report-
 ing  system over a period prescribed in the regulations, which shall not
 be less than two years.
   b.  Each  local  educational  agency required to provide unsafe school
 choice shall establish procedures for determinations by the  superinten-
 dent  of  schools  or other chief school officer of whether a student is
 the victim of a violent criminal offense that occurred on school grounds
 of the school that the student attends. Such superintendent  of  schools
 or  other  chief school officer shall, prior to making any such determi-
 nation, consult with  any  law  enforcement  agency  investigating  such
 alleged  violent  criminal  offense  and consider any reports or records
 provided by such agency. The trustees or board  of  education  or  other
 governing board of a local educational agency may provide, by local rule
 or  by-law,  for  appeal  of  the determination of the superintendent of
 schools to such governing board. Notwithstanding any other provision  of
 law  to  the  contrary,  the  determination of such chief school officer
 pursuant to this paragraph shall not have collateral estoppel effect  in
 any  student  disciplinary proceeding brought against the alleged victim
 or perpetrator of such violent criminal offense. For  purposes  of  this
 subdivision, "violent criminal offense" shall mean a crime that involved
 infliction  of  serious  physical  injury upon another as defined in the
 penal law, a sex offense that involved forcible compulsion or any  other
 offense defined in the penal law that involved the use or threatened use
 of a deadly weapon.
   c.  Each  local  educational agency, as defined in subsection [twenty-
 six] THIRTY of section [ninety-one] EIGHTY-ONE hundred one  of  the  [No
 Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
 NINETEEN  HUNDRED  SIXTY-FIVE,  AS  AMENDED, that is required to provide
 school choice pursuant  to  section  [ninety-five]  EIGHTY-FIVE  hundred
 thirty-two  of  the  [No  Child  Left Behind Act of 2001] ELEMENTARY AND
 SECONDARY EDUCATION ACT OF  NINETEEN  HUNDRED  SIXTY-FIVE,  AS  AMENDED,
 shall establish procedures for notification of parents of, or persons in
 parental  relation  to, students attending schools that have been desig-
 nated as persistently dangerous and parents of, or persons  in  parental
 relation  to,  students  who are victims of violent criminal offenses of
 their right to transfer to a safe public school within the local  educa-
 tional  agency  and procedures for such transfer, except that nothing in
 this subdivision shall be construed to require such  notification  where
 there are no other public schools within the local educational agency at
 the same grade level or such transfer to a safe public school within the
 local  educational  agency is otherwise impossible or to require a local
 educational agency that has only one  public  school  within  the  local
 educational  agency  or  only  one  public school at each grade level to
 develop such procedures. The commissioner shall be authorized  to  adopt
 any  regulations deemed necessary to assure that local educational agen-
 cies implement the provisions of this subdivision.
   § 9. Subdivision 7 of section 3214 of the education law, as  added  by
 chapter 101 of the laws of 2003, is amended to read as follows:
   7.   Transfer  of  disciplinary  records.  Notwithstanding  any  other
 provision of law to the contrary, each local educational agency, as such
 term is defined in subsection [twenty-six] THIRTY  of  section  [ninety-
 one]  EIGHTY-ONE  hundred  one of the Elementary and Secondary Education
 Act of 1965, as amended, shall establish procedures in  accordance  with
 section  [forty-one hundred fifty-five] EIGHTY-FIVE HUNDRED THIRTY-SEVEN
 of the Elementary and Secondary Education Act of 1965, as  amended,  and

 A. 3006--B                          9
 
 the Family Educational Rights and Privacy Act of 1974, to facilitate the
 transfer of disciplinary records relating to the suspension or expulsion
 of  a  student to any public or nonpublic elementary or secondary school
 in  which  such  student  enrolls  or seeks, intends or is instructed to
 enroll, on a full-time or part-time basis.
   § 10. Intentionally omitted.
   § 11. Intentionally omitted.
   § 12. 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 35 of part A of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   §  4.  This act shall take effect July 1, 2002 and shall expire and be
 deemed repealed June 30, [2017] 2018.
   § 13. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
 education law relating to the implementation of the No Child Left Behind
 Act  of  2001,  as  amended by section 36 of part A of chapter 54 of the
 laws of 2016, is amended to read as follows:
   § 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, [2017] 2018.
   § 14. Paragraph o of subdivision 1 of section 3602  of  the  education
 law,  as  amended  by  section 15 of part A of chapter 54 of the laws of
 2016, is amended to read as follows:
   o. "English language learner count" shall mean the  number  of  pupils
 served  in  the  base  year in programs for pupils [with limited English
 proficiency] WHO ARE ENGLISH LANGUAGE LEARNERS approved by  the  commis-
 sioner pursuant to the provisions of this chapter and in accordance with
 regulations adopted for such purpose.
   § 15. Intentionally omitted.
   §  16.  Paragraph  q of subdivision 1 of section 3602 of the education
 law, as amended by section 25 of part A of chapter 58  of  the  laws  of
 2011, is amended to read as follows:
   q.  "Poverty  count"  shall  mean  the sum of the product of the lunch
 count multiplied by sixty-five percent, plus the product of  the  census
 count  multiplied by sixty-five percent, PROVIDED, HOWEVER, THAT FOR THE
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND  THEREAFT-
 ER, FOR ANY SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT IN A CITY WITH
 A  POPULATION  OF  ONE  MILLION OR MORE, WITH A SELECTED POVERTY RATE OF
 GREATER THAN ONE-QUARTER (0.25), THE CENSUS COUNT SHALL BE MULTIPLIED BY
 NINETY PERCENT (0.9), where:
   (i) "Lunch count" shall mean the product of the public school  enroll-
 ment  of  the  school  district  on  the  date enrollment was counted in
 accordance with this subdivision for the base  year  multiplied  by  the
 three-year average free and reduced price lunch percent; and
   (ii)  "Census  count"  shall  mean  the  product  of the public school
 enrollment of the school district on the date enrollment was counted  in
 accordance  with  this  subdivision for the base year multiplied by: (A)
 FOR THE SCHOOL YEARS PRIOR TO THE TWO THOUSAND  SEVENTEEN--TWO  THOUSAND
 EIGHTEEN  SCHOOL YEAR, THE CENSUS 2000 POVERTY RATE AND; (B) FOR THE TWO
 THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL  YEAR  AND  THEREAFTER,
 THE SELECTED POVERTY RATE.
   (III) "CENSUS 2000 POVERTY RATE" SHALL MEAN the quotient of the number
 of  persons  aged five to seventeen within the school district, based on
 the [most recent] decennial census CONDUCTED IN THE YEAR TWO THOUSAND as

 A. 3006--B                         10
 
 tabulated by the National  Center  on  Education  Statistics,  who  were
 enrolled  in  public  schools  and  whose families had incomes below the
 poverty level, divided by the total  number  of  persons  aged  five  to
 seventeen  within  the  school district, based on such decennial census,
 who were enrolled in public schools, computed to four  decimals  without
 rounding.
   (IV) "SELECTED POVERTY RATE" SHALL MEAN: (A) FOR SCHOOL DISTRICTS WITH
 HIGH  CONCENTRATIONS  OF  NONPUBLIC  STUDENTS, THE GREATER OF THE CENSUS
 2000 POVERTY RATE OR THE THREE-YEAR AVERAGE SMALL AREA INCOME AND POVER-
 TY ESTIMATE POVERTY RATE; AND (B) FOR ALL OTHER  SCHOOL  DISTRICTS,  THE
 THREE-YEAR  AVERAGE SMALL AREA INCOME AND POVERTY ESTIMATE POVERTY RATE.
 FOR THE PURPOSES OF THIS SUBPARAGRAPH, "THREE-YEAR  AVERAGE  SMALL  AREA
 INCOME  AND  POVERTY  ESTIMATE POVERTY RATE" SHALL EQUAL THE QUOTIENT OF
 (1) THE SUM OF THE NUMBER OF PERSONS AGED FIVE TO SEVENTEEN  WITHIN  THE
 SCHOOL  DISTRICT,  BASED  ON THE SMALL AREA INCOME AND POVERTY ESTIMATES
 PRODUCED BY THE UNITED STATES CENSUS BUREAU, WHOSE FAMILIES HAD  INCOMES
 BELOW  THE  POVERTY  LEVEL  FOR  THE YEAR TWO YEARS PRIOR TO THE YEAR IN
 WHICH THE BASE YEAR BEGAN, PLUS SUCH NUMBER FOR  THE  YEAR  THREE  YEARS
 PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH NUMBER FOR THE
 YEAR  FOUR YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, DIVIDED
 BY (2) THE SUM OF THE TOTAL NUMBER OF PERSONS  AGED  FIVE  TO  SEVENTEEN
 WITHIN  THE  SCHOOL DISTRICT, BASED ON SUCH CENSUS BUREAU ESTIMATES, FOR
 THE YEAR TWO YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN,  PLUS
 SUCH  TOTAL  NUMBER  FOR THE YEAR THREE YEARS PRIOR TO THE YEAR IN WHICH
 THE BASE YEAR BEGAN, PLUS SUCH TOTAL NUMBER  FOR  THE  YEAR  FOUR  YEARS
 PRIOR  TO  THE YEAR IN WHICH THE BASE YEAR BEGAN, COMPUTED TO FOUR DECI-
 MALS WITHOUT ROUNDING.
   (V) "SCHOOL DISTRICTS WITH HIGH CONCENTRATIONS OF NONPUBLIC  STUDENTS"
 SHALL MEAN ANY DISTRICT WHERE: (A) THE QUOTIENT ARRIVED AT WHEN DIVIDING
 (1)  THE SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH TWELVE IN
 THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FIVE AND SIX OF PARA-
 GRAPH N OF THIS SUBDIVISION BY (2) THE RESIDENT PUBLIC  SCHOOL  DISTRICT
 ENROLLMENT  IN  THE  BASE  YEAR COMPUTED PURSUANT TO SUBPARAGRAPHS FOUR,
 FIVE, AND SIX OF  PARAGRAPH  N  OF  THIS  SUBDIVISION  IS  GREATER  THAN
 FIFTEEN-HUNDREDTHS  (0.15);  AND  (B)  THE THREE-YEAR AVERAGE SMALL AREA
 INCOME AND POVERTY ESTIMATE POVERTY RATE IS  GREATER  THAN  TEN  PERCENT
 (0.10).
   § 17. Intentionally omitted.
   § 18. Intentionally omitted.
   §  19.  Paragraph  a of subdivision 9 of section 3602 of the education
 law, as amended by section 9 of part A of chapter  57  of  the  laws  of
 2013, is amended to read as follows:
   a. For aid payable in the [two thousand seven--two thousand eight] TWO
 THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN school year and thereafter,
 school districts which provided any half-day  kindergarten  programs  or
 had  no  kindergarten programs in the nineteen hundred ninety-six--nine-
 ty-seven school year and in the base year, and which have  not  received
 an  apportionment  pursuant  to this paragraph in any prior school year,
 shall be eligible for FIVE YEAR TRANSITION aid.
   I. THE AID IN THE FIRST YEAR OF FULL DAY  KINDERGARTEN  TRANSITION  IS
 equal  to  the  product of the district's selected foundation aid calcu-
 lated pursuant to subdivision four of this  section  multiplied  by  the
 positive  difference resulting when the full day kindergarten enrollment
 of children attending programs in the  district  in  the  base  year  is
 subtracted from such enrollment in the current year. THE REMAINING TRAN-
 SITION AID SHALL BE APPORTIONED AS FOLLOWS:

 A. 3006--B                         11
 
   II.  AID IN YEAR TWO SHALL EQUAL EIGHTY PERCENT OF THE AID RECEIVED BY
 THE DISTRICT IN YEAR ONE.
   III.  AID IN YEAR THREE SHALL EQUAL SIXTY  PERCENT OF THE AID RECEIVED
 BY THE DISTRICT IN YEAR ONE.
   IV. AID IN YEAR FOUR SHALL EQUAL FORTY PERCENT OF THE AID RECEIVED  BY
 THE DISTRICT IN YEAR ONE.
   V.  AID IN YEAR FIVE SHALL EQUAL TWENTY PERCENT OF THE AID RECEIVED BY
 THE DISTRICT IN YEAR ONE.
   § 20. Intentionally omitted.
   § 21. Subdivision 4 of section 3602 of the education law,  as  amended
 by  section 5-a of part A of chapter 56 of the laws of 2015, the opening
 paragraph, subparagraph 1 of paragraph a, clause (ii) of subparagraph  2
 of  paragraph b and paragraph d as amended and paragraph b-2 as added by
 section 7 of part A of chapter 54 of the laws of 2016,  paragraph  e  as
 added  by  section  8  of  part  A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   4. Total foundation aid.   In  addition  to  any  other  apportionment
 pursuant  to  this  chapter, a school district, other than a special act
 school district as defined in subdivision eight of section four thousand
 one of this chapter, shall be eligible for total foundation aid equal to
 the product of total aidable foundation pupil units  multiplied  by  the
 district's  selected  foundation aid, which shall be the greater of five
 hundred dollars ($500) or foundation formula aid, provided, however that
 for the two thousand seven--two  thousand  eight  through  two  thousand
 eight--two  thousand nine school years, no school district shall receive
 total foundation aid in excess of the sum of the  total  foundation  aid
 base  for  aid  payable  in  the  two thousand seven--two thousand eight
 school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
 subdivision  one  of this section, plus the phase-in foundation increase
 computed pursuant to paragraph  b  of  this  subdivision,  and  provided
 further  that  for the two thousand twelve--two thousand thirteen school
 year, no school district shall receive total foundation aid in excess of
 the sum of the total foundation aid base for  aid  payable  in  the  two
 thousand  eleven--two  thousand  twelve school year computed pursuant to
 subparagraph (ii) of paragraph j of subdivision  one  of  this  section,
 plus  the  phase-in foundation increase computed pursuant to paragraph b
 of this subdivision, and provided further  that  for  the  two  thousand
 thirteen--two  thousand  fourteen  school year and thereafter, no school
 district shall receive total foundation aid in excess of the sum of  the
 total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
 paragraph j of subdivision one of this section, plus the phase-in  foun-
 dation  increase  computed  pursuant to paragraph b of this subdivision,
 and provided further that for the  two  thousand  sixteen--two  thousand
 seventeen  school year, no eligible school districts shall receive total
 foundation aid in excess of the sum of the  total  foundation  aid  base
 computed pursuant to subparagraph (ii) of paragraph j of subdivision one
 of  this  section  plus the sum of (A) the phase-in foundation increase,
 (B) the executive foundation increase with a minimum  increase  pursuant
 to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
 NITY  SCHOOLS  AID" in the computer listing produced by the commissioner
 in support  of  the  executive  budget  request  for  the  two  thousand
 sixteen--two  thousand  seventeen  school  year  and entitled "BT161-7",
 where (1) "eligible school district" shall be defined as a district with
 (a) an unrestricted aid increase of less than seven percent  (0.07)  and
 (b)  a  three  year average free and reduced price lunch percent greater
 than fifteen percent (0.15), and (2) "unrestricted aid  increase"  shall

 A. 3006--B                         12
 
 mean  the quotient arrived at when dividing (a) the sum of the executive
 foundation aid increase plus the gap elimination adjustment for the base
 year, by (b) the difference of foundation aid for the base year less the
 gap elimination adjustment for the base year, and (3) "executive founda-
 tion  increase"  shall  mean the difference of (a) the amounts set forth
 for each school district as "FOUNDATION AID" under the heading  "2016-17
 ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
 commissioner in support of the executive  budget  request  for  the  two
 thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
 "BT161-7" less (b) the amounts set forth for  each  school  district  as
 "FOUNDATION  AID"  under  the  heading  "2015-16 BASE YEAR AIDS" in such
 computer listing and provided further that total  foundation  aid  shall
 not  be  less than the product of the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section and the  due-
 minimum  percent  which shall be, for the two thousand twelve--two thou-
 sand 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 thousandths 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 there-
 in], nor more than the product of such total foundation aid base and one
 hundred fifteen percent, provided, however, that for  the  two  thousand
 sixteen--two  thousand  seventeen  school  year such maximum shall be no
 more than the sum of (i) the product of such total foundation  aid  base
 and  one  hundred  fifteen  percent  plus  (ii) the executive foundation
 increase and plus (iii) "COMMUNITY SCHOOLS AID" in the computer  listing
 produced  by the commissioner in support of the executive budget request
 for the two thousand sixteen--two thousand  seventeen  school  year  and
 entitled  "BT161-7" and provided further that for the two thousand nine-
 -two thousand ten  through  two  thousand  eleven--two  thousand  twelve
 school years, each school district shall receive total foundation aid in
 an  amount  equal  to the amount apportioned to such school district for
 the two thousand eight--two thousand nine school year pursuant  to  this
 subdivision.  Total  aidable  foundation pupil units shall be calculated
 pursuant to paragraph g of subdivision two  of  this  section.  For  the
 purposes  of  calculating  aid pursuant to this subdivision, aid for the
 city school district of the city of New York shall be  calculated  on  a
 citywide basis.
   a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
 remainder when the expected minimum  local  contribution  is  subtracted
 from  the product of the foundation amount, the regional cost index, and
 the pupil need index, or: (foundation amount x  regional  cost  index  x
 pupil need index)- expected minimum local contribution.
   (1)  The foundation amount shall reflect the average per pupil cost of
 general education instruction in successful school districts, as  deter-
 mined  by  a  statistical analysis of the costs of special education and
 general education in successful  school  districts,  provided  that  the
 foundation  amount  shall be adjusted annually to reflect the percentage
 increase in the consumer price index as computed  pursuant  to  [section

 A. 3006--B                         13

 two thousand twenty-two of this chapter] PARAGRAPH HH OF SUBDIVISION ONE
 OF  THIS SECTION, provided that for the two thousand eight--two thousand
 nine school year, for the purpose of  such  adjustment,  the  percentage
 increase in the consumer price index shall be deemed to be two and nine-
 tenths  percent (0.029), and provided further that the foundation amount
 for the two thousand seven--two thousand eight school year shall be five
 thousand two hundred fifty-eight dollars, and provided further that  for
 the   two  thousand  seven--two  thousand  eight  through  two  thousand
 [sixteen] SEVENTEEN--two thousand [seventeen] EIGHTEEN school years, the
 foundation amount shall be further adjusted by the  phase-in  foundation
 percent established pursuant to paragraph b of this subdivision.
   (2)  The regional cost index shall reflect an analysis of labor market
 costs based on median salaries in professional occupations that  require
 similar  credentials  to  those of positions in the education field, but
 not including those occupations in the education  field,  provided  that
 the  regional  cost  indices for the two thousand [seven] SEVENTEEN--two
 thousand [eight] EIGHTEEN school year and thereafter SHALL BE BASED UPON
 THE MOST RECENT TRIENNIAL ANALYSIS CONDUCTED BY THE DEPARTMENT, PROVIDED
 FURTHER THAT FOR  THE  TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN
 SCHOOL  YEAR  AND  THEREAFTER  THE  INDEX FOR THE CITY OF NEW YORK SHALL
 EQUAL THE SUM OF THE TWO THOUSAND SIX REGIONAL COST INDEX PLUS  ONE-HALF
 OF  THE  DIFFERENCE  BETWEEN  SUCH INDEX AND THE INDEX FROM THE PREVIOUS
 ANALYSIS, WHICH shall be as follows:
           Labor Force Region  Index
           Capital District    [1.124] 1.125
           Southern Tier       [1.045] 1.060
           Western New York    [1.091] 1.069
           Hudson Valley       [1.314] 1.359
           [Long Island/NYC    1.425]
           LONG ISLAND         1.316
           NYC                 1.502
           Finger Lakes        [1.141] 1.103
           Central New York    [1.103] 1.094
           Mohawk Valley        1.000
           North Country       [1.000] 1.009
   (3) The pupil need index shall equal the sum of one plus the  extraor-
 dinary needs percent, provided, however, that the pupil need index shall
 not  be less than one nor more than two. The extraordinary needs percent
 shall be calculated pursuant to paragraph w of subdivision one  of  this
 section.
   (4)  The expected minimum local contribution shall equal the lesser of
 (i) the product of (A) the quotient arrived at when the selected  actual
 valuation  is divided by total wealth foundation pupil units, multiplied
 by (B) the product of the local tax factor,  multiplied  by  the  income
 wealth  index,  or (ii) the product of (A) the product of the foundation
 amount, the regional cost index, and the pupil need index, multiplied by
 (B) the positive difference, if any, of  one  minus  the  state  sharing
 ratio  for  total  foundation  aid. The local tax factor shall be estab-
 lished by May first of each year by determining the product, computed to
 four decimal places without rounding, of ninety  percent  multiplied  by
 the quotient of the sum of the statewide average tax rate as computed by
 the  commissioner for the current year in accordance with the provisions
 of paragraph e of subdivision one of section thirty-six  hundred  nine-e
 of this part plus the statewide average tax rate computed by the commis-
 sioner  for  the  base  year in accordance with such provisions plus the
 statewide average tax rate computed by the  commissioner  for  the  year

 A. 3006--B                         14
 
 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 AND THE TWO THOUSAND SEVENTEEN--TWO  THOU-
 SAND  EIGHTEEN SCHOOL YEAR AND THEREAFTER. 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 pursu-
 ant to paragraph h of subdivision two of this section.
   b. Phase-in foundation increase. (1) The phase-in foundation  increase
 shall  equal  the  product  of  the  phase-in foundation increase factor
 multiplied by the positive difference, if any, of (i) the product of the
 total aidable  foundation  pupil  units  multiplied  by  the  district's
 selected foundation aid less (ii) the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section.
   (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
 shall equal one hundred thirteen and  fourteen  one  hundredths  percent
 (1.1314)  for  the two thousand eleven--two thousand twelve school year,
 one hundred ten and thirty-eight hundredths percent (1.1038) for the two
 thousand twelve--two thousand thirteen school year,  one  hundred  seven
 and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
 teen--two thousand fourteen  school  year,  one  hundred  five  and  six
 hundredths  percent (1.0506) for the two thousand fourteen--two thousand
 fifteen school year,  and  one  hundred  two  and  five  tenths  percent
 (1.0250) for the two thousand fifteen--two thousand sixteen school year.
   (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
 eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
 increase  factor  shall  equal thirty-seven and one-half percent (0.375)
 and the phase-in due minimum percent shall equal nineteen and  forty-one
 hundredths  percent  (0.1941), for the two thousand twelve--two thousand
 thirteen school year the phase-in foundation increase factor shall equal
 one and seven-tenths percent (0.017), for the two thousand thirteen--two
 thousand fourteen school year the phase-in  foundation  increase  factor
 shall equal (1) for a city school district in a city having a population
 of  one  million  or  more,  five  and  twenty-three  hundredths percent
 (0.0523) or (2) for all other school districts zero percent, for the two
 thousand fourteen--two thousand fifteen school year the phase-in founda-
 tion increase factor shall equal (1) for a city  school  district  of  a
 city  having  a  population  of one million or more, four and thirty-two
 hundredths percent (0.0432) or (2) for a school district  other  than  a
 city  school  district  having  a  population of one million or more for
 which (A) the quotient of the  positive  difference  of  the  foundation
 formula aid minus the foundation aid base computed pursuant to paragraph
 j  of  subdivision one of this section divided by the foundation formula
 aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
 ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or

 A. 3006--B                         15
 
 (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  THE  FOUNDATION  AID  PHASE-IN  INCREASE
 FACTOR  shall  equal for an eligible school district the greater of: (1)
 for a city school district in a city with a population of one million or
 more, seven and seven hundred eighty four thousandths percent (0.07784);
 or (2) for a city school district in a city with a  population  of  more
 than two hundred fifty thousand but less than one million as of the most
 recent  federal  decennial  census,  seven  and three hundredths percent
 (0.0703); or (3) for a city school district in a city with a  population
 of  more than two hundred thousand but less than two hundred fifty thou-
 sand as of the most recent federal decennial census, six and seventy-two
 hundredths percent (0.0672); or (4) for a city school district in a city
 with a population of more than one hundred fifty thousand but less  than
 two hundred thousand as of the most recent federal decennial census, six
 and  seventy-four  hundredths percent (0.0674); or (5) for a city school
 district in a city with a population of more than  one  hundred  twenty-
 five  thousand  but  less than one hundred fifty thousand as of the most
 recent federal decennial census, nine and fifty-five hundredths  percent
 (0.0955); or (6) for school districts that were designated as small city
 school  districts or central school districts whose boundaries include a
 portion of a small city for the school aid computer listing produced  by
 the  commissioner  in support of the enacted budget for the two thousand
 fourteen--two thousand fifteen school year and entitled "SA141-5" with a
 combined wealth ratio less than one and four tenths (1.4), nine  percent
 (0.09),  provided,  however,  that  for  such  districts  that  are also
 districts designated as high need urban-suburban pursuant to clause  (c)
 of  subparagraph  two  of paragraph c of subdivision six of this section
 for the school aid computer listing  produced  by  the  commissioner  in
 support  of  the enacted budget for the two thousand seven--two thousand

 A. 3006--B                         16

 eight school year and entitled "SA0708",  nine  and  seven  hundred  and
 nineteen  thousandths  percent  (0.09719);  or  (7) for school districts
 designated as high need rural pursuant to clause (c) of subparagraph two
 of  paragraph  c  of  subdivision six of this section for the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", thirteen and six tenths percent (0.136); or  (8)  for
 school  districts  designated  as  high  need urban-suburban pursuant to
 clause (c) of subparagraph two of paragraph c of subdivision six of this
 section for the school aid computer listing produced by the commissioner
 in support of the enacted budget for the two thousand  seven--two  thou-
 sand  eight  school  year  and entitled "SA0708", seven hundred nineteen
 thousandths percent (0.00719); or (9)  for  all  other  eligible  school
 districts,  forty-seven  hundredths  percent  (0.0047),  and for the two
 thousand seventeen--two thousand eighteen school  year  [and  thereafter
 the  commissioner  shall  annually  determine  the  phase-in  foundation
 increase factor subject to allocation  pursuant  to  the  provisions  of
 subdivision  eighteen of this section and any provisions of a chapter of
 the laws of New York as described therein] THE FOUNDATION  AID  INCREASE
 PHASE-IN  FACTOR  SHALL  EQUAL  (1) FOR SCHOOL DISTRICTS WITH A SELECTED
 POVERTY RATE COMPUTED PURSUANT TO PARAGRAPH Q OF SUBDIVISION ONE OF THIS
 SECTION EQUAL TO OR GREATER THAN TWENTY-FOUR PERCENT (0.24), THIRTY-FIVE
 PERCENT (0.35), OR (2) FOR A SCHOOL DISTRICT IN A CITY WITH A POPULATION
 OF ONE MILLION OR MORE, TWENTY-SIX AND ONE-HALF PERCENT (0.265), OR  (3)
 FOR  ALL OTHER SCHOOL DISTRICTS, NINETEEN AND ONE-TENTH PERCENT (0.191),
 AND FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR THE
 FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL  BE  THIRTY-THREE  PERCENT
 (0.33),  AND  FOR  THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
 YEAR THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY  PERCENT
 (0.5),  AND  FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
 YEAR AND THEREAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE
 ONE HUNDRED PERCENT (1.0).
   b-1. Notwithstanding any other provision of law to the  contrary,  for
 the  two  thousand seven--two thousand eight school year and thereafter,
 the additional amount payable to each school district pursuant  to  this
 subdivision in the current year as total foundation aid, after deducting
 the  total  foundation  aid  base,  shall be deemed a state grant in aid
 identified by the commissioner for general use for purposes  of  section
 seventeen hundred eighteen of this chapter.
   b-2.  Due minimum for the two thousand sixteen--two thousand seventeen
 school year. Notwithstanding any other provision of law to the contrary,
 for the two thousand sixteen--two thousand  seventeen  school  year  the
 total foundation aid shall not be less than the sum of the total founda-
 tion  aid  base  computed  pursuant to paragraph j of subdivision one of
 this section plus the due minimum  for  the  two  thousand  sixteen--two
 thousand  seventeen  school year, where such due minimum shall equal the
 difference of (1) the product of (A) two percent  (0.02)  multiplied  by
 (B)  the  difference  of total foundation aid for the base year less the
 gap elimination adjustment for the base year, less (2) the  sum  of  (A)
 the  difference  of  the  amounts  set forth for each school district as
 "FOUNDATION AID" under the  heading  "2016-17  ESTIMATED  AIDS"  in  the
 school  aid  computer listing produced by the commissioner in support of
 the executive budget request for the two thousand sixteen--two  thousand
 seventeen  school year and entitled "BT161-7" less the amounts set forth
 for each school district as "FOUNDATION AID" under the heading  "2015-16

 A. 3006--B                         17
 
 BASE  YEAR  AIDS"  in such computer listing plus (B) the gap elimination
 adjustment for the base year.
   B-3. DUE MINIMUM FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 SCHOOL YEAR. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 FOR  THE  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR THE
 TOTAL FOUNDATION AID SHALL NOT BE LESS THAN (A) THE AMOUNT SET FORTH FOR
 SUCH SCHOOL DISTRICT AS "FOUNDATION  AID"  UNDER  THE  HEADING  "2017-18
 ESTIMATED  AIDS"  IN  THE  SCHOOL  AID  COMPUTER LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  AND  ENTITLED
 "BT1718"  OR  (B) THE PRODUCT OF FIFTY PERCENT (0.5) MULTIPLIED BY TOTAL
 FOUNDATION AID AS COMPUTED PURSUANT TO PARAGRAPH A OF THIS  SUBDIVISION,
 OR  (C)  THE  SUM  OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO
 PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE DUE MINIMUM  FOR
 THE  TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND EIGHTEEN SCHOOL YEAR, WHERE
 SUCH DUE MINIMUM SHALL EQUAL (1) FOR SCHOOL DISTRICTS  WITH  A  SELECTED
 POVERTY RATE COMPUTED PURSUANT TO PARAGRAPH Q OF SUBDIVISION ONE OF THIS
 SECTION,  EQUAL TO OR GREATER THAN TEN PERCENT (0.1), THE PRODUCT OF THE
 FOUNDATION AID BASE FOR THE TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGH-
 TEEN  SCHOOL YEAR COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J
 OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THREE  HUNDRED  TWENTY-
 FIVE TEN-THOUSANDTHS (0.0325), OR (2) FOR ALL OTHER SCHOOL DISTRICTS THE
 PRODUCT  OF  THE FOUNDATION AID BASE FOR THE TWO THOUSAND SEVENTEEN--TWO
 THOUSAND EIGHTEEN SCHOOL YEAR COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF
 PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION  MULTIPLIED  BY  ONE-HUN-
 DREDTH (0.01).
   c.  Public  excess  cost  aid setaside. Each school district shall set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal  to  the  product  of:  (i)  the
 difference  between  the  amount  the  school  district  was eligible to
 receive in the two thousand six--two thousand seven school year pursuant
 to or in lieu of paragraph six of subdivision nineteen of  this  section
 as  such  paragraph existed on June thirtieth, two thousand seven, minus
 the amount such district was eligible to receive pursuant to or in  lieu
 of  paragraph five of subdivision nineteen of this section as such para-
 graph existed on June thirtieth, two  thousand  seven,  in  such  school
 year, and (ii) the sum of one and the percentage increase in the consum-
 er  price  index for the current year over such consumer price index for
 the two thousand six--two thousand seven school year, as computed pursu-
 ant to [section two thousand twenty-two of this chapter] PARAGRAPH HH OF
 SUBDIVISION ONE OF THIS SECTION.  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 through two
 thousand [sixteen] SEVENTEEN--two thousand [seventeen]  EIGHTEEN  school
 years  a  city  school  district  of  a  city having a population of one
 million or more may use amounts apportioned pursuant to this subdivision
 for afterschool programs.
   [e. Community schools aid set-aside. Each school  district  shall  set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal to the following amount, if any,
 for  such  district and shall use the amount so set aside to support the
 transformation of school buildings into community hubs to deliver co-lo-
 cated or school-linked academic, health, mental health, nutrition, coun-
 seling, legal and/or other services  to  students  and  their  families,
 including but not limited to providing a community school site coordina-

 A. 3006--B                         18

 tor,  or  to support other costs incurred to maximize students' academic
 achievement:
 Addison                                             $132,624
 Adirondack                                           $98,303
 Afton                                                $62,527
 Albany                                            $2,696,127
 Albion                                              $171,687
 Altmar-Parish-Williamstown                          $154,393
 Amityville                                          $140,803
 Amsterdam                                           $365,464
 Andover                                              $41,343
 Auburn                                              $211,759
 Ausable Valley                                       $82,258
 Avoca                                                $40,506
 Batavia                                             $116,085
 Bath                                                $139,788
 Beacon                                               $87,748
 Beaver River                                         $67,970
 Beekmantown                                          $98,308
 Belfast                                              $44,520
 Belleville Henderson                                 $21,795
 Binghamton                                          $477,949
 Bolivar-Richburg                                    $102,276
 Bradford                                             $28,058
 Brasher Falls                                       $146,944
 Brentwood                                         $2,089,437
 Bridgewater-West Winfield (Mt. Markham)             $101,498
 Brocton                                              $63,939
 Brookfield                                           $24,973
 Brushton-Moira                                      $102,613
 Buffalo                                          $12,524,617
 Camden                                              $243,929
 Campbell-Savona                                      $81,862
 Canajoharie                                          $78,428
 Canaseraga                                           $24,622
 Candor                                               $69,400
 Canisteo-Greenwood                                  $105,783
 Carthage                                            $273,578
 Cassadaga Valley                                     $99,547
 Catskill                                             $69,599
 Cattaraugus-Little Valley                            $89,771
 Central Islip                                       $650,359
 Central Valley                                      $154,059
 Charlotte Valley                                     $27,925
 Chateaugay                                           $43,580
 Cheektowaga-Sloan                                    $68,242
 Chenango Valley                                      $46,359
 Cherry Valley-Springfield                            $29,704
 Cincinnatus                                          $71,378
 Clifton-Fine                                         $17,837
 Clyde-Savannah                                       $84,797
 Clymer                                               $28,267
 Cohoes                                              $110,625
 Copenhagen                                           $35,037
 Copiague                                            $308,995
 Cortland                                            $147,875

 A. 3006--B                         19

 Crown Point                                          $24,277
 Cuba-Rushford                                        $67,917
 Dalton-Nunda (Keshequa)                              $65,630
 Dansville                                           $136,766
 De Ruyter                                            $38,793
 Deposit                                              $37,615
 Dolgeville                                           $82,884
 Downsville                                           $10,000
 Dundee                                               $59,404
 Dunkirk                                             $224,658
 East Ramapo (Spring Valley)                         $360,848
 Edmeston                                             $30,288
 Edwards-Knox                                         $95,261
 Elizabethtown-Lewis                                  $14,844
 Ellenville                                          $128,950
 Elmira                                              $501,348
 Fallsburg                                           $111,523
 Fillmore                                             $84,252
 Forestville                                          $34,773
 Fort Edward                                          $32,403
 Fort Plain                                           $86,187
 Franklin                                             $19,086
 Franklinville                                        $84,503
 Freeport                                            $479,702
 Friendship                                           $51,013
 Fulton                                              $241,424
 Genesee Valley                                       $65,066
 Geneva                                              $146,409
 Georgetown-South Otselic                             $34,626
 Gilbertsville-Mount Upton                            $30,930
 Glens Falls Common                                   $10,000
 Gloversville                                        $257,549
 Gouverneur                                          $197,139
 Gowanda                                             $122,173
 Granville                                            $86,044
 Green Island                                         $17,390
 Greene                                               $87,782
 Hadley-Luzerne                                       $37,868
 Hammond                                              $18,750
 Hancock                                              $34,174
 Hannibal                                            $149,286
 Harpursville                                         $89,804
 Hempstead                                         $3,123,056
 Herkimer                                             $64,467
 Hermon-Dekalb                                        $49,211
 Heuvelton                                            $53,905
 Hinsdale                                             $47,128
 Hornell                                             $152,327
 Hudson                                               $86,263
 Hudson Falls                                        $125,709
 Indian River                                        $404,452
 Jamestown                                           $422,610
 Jasper-Troupsburg                                    $65,899
 Jefferson                                            $22,350
 Johnson                                             $179,735
 Johnstown                                            $98,329

 A. 3006--B                         20

 Kingston                                            $241,138
 Kiryas Joel                                          $10,000
 La Fargeville                                        $36,602
 Lackawanna                                          $293,188
 Lansingburgh                                        $170,080
 Laurens                                              $32,110
 Liberty                                             $141,704
 Lisbon                                               $56,498
 Little Falls                                         $76,292
 Livingston Manor                                     $32,996
 Lowville                                            $117,907
 Lyme                                                 $15,856
 Lyons                                                $89,298
 Madison                                              $43,805
 Madrid-Waddington                                    $59,412
 Malone                                              $241,483
 Marathon                                             $79,560
 Margaretville                                        $10,000
 Massena                                             $227,985
 Mcgraw                                               $51,558
 Medina                                              $135,337
 Middleburgh                                          $58,936
 Middletown                                          $683,511
 Milford                                              $28,281
 Monticello                                          $185,418
 Moriah                                               $76,592
 Morris                                               $45,012
 Morristown                                           $25,106
 Morrisville-Eaton                                    $62,490
 Mt Morris                                            $58,594
 Mt Vernon                                           $517,463
 New York City                                    $28,491,241
 Newark                                              $137,556
 Newburgh                                            $837,244
 Newfield                                             $60,998
 Niagara Falls                                       $733,330
 North Rose-Wolcott                                  $107,958
 Northern Adirondack                                  $84,115
 Norwich                                             $155,921
 Norwood-Norfolk                                     $116,262
 Odessa-Montour                                       $70,110
 Ogdensburg                                          $126,942
 Olean                                               $129,603
 Oppenheim-Ephratah-St. Johnsville                    $86,646
 Otego-Unadilla                                       $72,613
 Oxford Acad & Central Schools                        $80,443
 Parishville-Hopkinton                                $35,003
 Peekskill                                           $230,795
 Penn Yan                                             $71,001
 Pine Valley (South Dayton)                           $67,455
 Plattsburgh                                          $75,055
 Poland                                               $37,498
 Port Chester-Rye                                    $241,428
 Port Jervis                                         $189,220
 Poughkeepsie                                      $1,747,582
 Prattsburgh                                          $35,110

 A. 3006--B                         21

 Pulaski                                              $89,146
 Putnam                                               $10,000
 Randolph                                             $88,646
 Red Creek                                            $87,007
 Remsen                                               $32,650
 Rensselaer                                           $74,616
 Richfield Springs                                    $37,071
 Ripley                                               $18,495
 Rochester                                         $7,624,908
 Rome                                                $369,655
 Romulus                                              $22,112
 Roosevelt                                           $353,005
 Salamanca                                           $139,051
 Salmon River                                        $200,831
 Sandy Creek                                          $72,287
 Schenectady                                         $642,884
 Schenevus                                            $29,516
 Scio                                                 $47,097
 Sharon Springs                                       $26,994
 Sherburne-Earlville                                 $154,286
 Sherman                                              $45,067
 Sidney                                               $98,699
 Silver Creek                                         $68,538
 Sodus                                               $100,038
 Solvay                                               $85,506
 South Kortright                                      $23,420
 South Lewis                                          $95,627
 South Seneca                                         $49,768
 Spencer-Van Etten                                    $76,108
 St Regis Falls                                       $30,078
 Stamford                                             $20,137
 Stockbridge Valley                                   $38,537
 Syracuse                                         $10,186,478
 Ticonderoga                                          $36,467
 Tioga                                                $99,411
 Troy                                                $277,420
 Unadilla Valley                                      $90,571
 Uniondale                                           $362,887
 Utica                                               $273,267
 Van Hornesville-Owen D. Young                        $18,604
 Walton                                               $82,541
 Warrensburg                                          $57,996
 Waterloo                                            $123,111
 Watertown                                           $222,343
 Watervliet                                           $94,487
 Waverly                                             $120,319
 Wayland-Cohocton                                    $125,273
 Wellsville                                          $114,359
 West Canada Valley                                   $58,917
 Westbury                                            $403,563
 Westfield                                            $46,542
 Whitehall                                            $46,192
 Whitesville                                          $26,719
 Whitney Point                                       $152,109
 William Floyd                                       $492,842
 Worcester                                            $26,862

 A. 3006--B                         22

 Wyandanch                                           $402,010
 Yonkers                                           $4,286,726
 Yorkshire-Pioneer                                  $210,306]
   §  21-a.  Subparagraph (ii) of paragraph j of subdivision 1 of section
 3602 of the education law, as amended by section 11 of part B of chapter
 57 of the laws of 2007, is amended and a new subparagraph (iii) is added
 to read as follows:
   (ii) For aid payable in the  two  thousand  eight--two  thousand  nine
 school year [and thereafter] THROUGH THE TWO THOUSAND SIXTEEN--TWO THOU-
 SAND  SEVENTEEN SCHOOL YEAR, AND THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN SCHOOL YEAR AND THEREAFTER, the total foundation aid base shall
 equal the total amount a district was eligible to receive  in  the  base
 year pursuant to subdivision four of this section.
   (III)  FOR  AID  PAYABLE  IN  THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR, THE TOTAL FOUNDATION  AID  BASE  SHALL  EQUAL  THE
 TOTAL  AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR PURSU-
 ANT TO SUBDIVISION FOUR OF THIS SECTION LESS  AN  AMOUNT  SET  FORTH  AS
 "COMMUNITY  SCHL  AID (BT1617)" IN THE DATA FILE PRODUCED BY THE COMMIS-
 SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO  THOUSAND  SIXTEEN--
 TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "SA1617".
   § 21-b.  Subdivision 1 of section 3602 of the education law is amended
 by adding a new paragraph hh to read as follows:
   HH.  "CONSUMER  PRICE INDEX" SHALL MEAN THE PERCENTAGE THAT REPRESENTS
 THE AVERAGE OF THE NATIONAL CONSUMER PRICE  INDEXES  DETERMINED  BY  THE
 UNITED STATES DEPARTMENT OF LABOR, FOR THE TWELVE MONTH PERIOD PRECEDING
 JANUARY FIRST OF THE CURRENT YEAR.
   §  21-c.  Section 3602 of the education law is amended by adding a new
 subdivision 19 to read as follows:
   19. COMMUNITY SCHOOLS AID. FOR THE TWO THOUSAND  SEVENTEEN--TWO  THOU-
 SAND  EIGHTEEN SCHOOL YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE
 ELIGIBLE TO RECEIVE AN APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL  TO
 THE SUM OF THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT.
   A.  THE  TIER  ONE  APPORTIONMENT  SHALL EQUAL THE AMOUNT SET FORTH AS
 "COMMUNITY SCHL AID (BT1617)" IN THE DATA FILE PRODUCED BY  THE  COMMIS-
 SIONER  IN  SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SIXTEEN--
 TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "SA1617".
   B. THE TIER TWO APPORTIONMENT SHALL EQUAL  THE  AMOUNT  SET  FORTH  AS
 "COMMUNITY  SCH  INCR"  IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE EXECUTIVE BUDGET  FOR  THE  TWO  THOUSAND  SEVENTEEN--TWO
 THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED "BT1718".
   C.  SCHOOL  DISTRICTS  SHALL  USE AMOUNTS APPORTIONED PURSUANT TO THIS
 SUBDIVISION TO SUPPORT  THE  TRANSFORMATION  OF  SCHOOL  BUILDINGS  INTO
 COMMUNITY  HUBS TO DELIVER CO-LOCATED OR SCHOOL-LINKED ACADEMIC, HEALTH,
 MENTAL HEALTH, NUTRITION, COUNSELING, LEGAL  AND/OR  OTHER  SERVICES  TO
 STUDENTS  AND  THEIR  FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A
 COMMUNITY SCHOOL SITE COORDINATOR, OR TO SUPPORT OTHER COSTS INCURRED TO
 MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT.
   § 21-d.  Paragraph b of subdivision 5 of section 1950 of the education
 law, as amended by chapter 296 of the laws of 2016, is amended  to  read
 as follows:
   b.  The  cost of services herein referred to shall be the amount allo-
 cated to each component school district  by  the  board  of  cooperative
 educational  services  to  defray  expenses  of  such  board,  including
 approved expenses from the testing of potable water systems of  occupied
 school  buildings under the board's jurisdiction as required pursuant to
 section eleven hundred ten of the public health law,  except  that  that

 A. 3006--B                         23
 
 part of the salary paid any teacher, supervisor or other employee of the
 board  of  cooperative  educational  services  which is, (I) FOR THE TWO
 THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  AND  PRIOR  SCHOOL  YEARS  in
 excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU-
 SAND  SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR, IN EXCESS OF THIRTY-
 FOUR THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO  THOUSAND  EIGH-
 TEEN--TWO  THOUSAND  NINETEEN  SCHOOL  YEAR  IN EXCESS OF FORTY THOUSAND
 DOLLARS, (IV) FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND
 TWENTY SCHOOL YEAR, IN EXCESS OF FORTY-SIX THOUSAND DOLLARS, AND (V) FOR
 AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-ONE  SCHOOL
 YEAR  AND THEREAFTER, IN EXCESS OF FIFTY-TWO THOUSAND DOLLARS, shall not
 be such an approved expense, and except  also  that  administrative  and
 clerical expenses shall not exceed ten percent of the total expenses for
 purposes of this computation. Any gifts, donations or interest earned by
 the  board of cooperative educational services or on behalf of the board
 of cooperative educational services by the dormitory  authority  or  any
 other  source  shall not be deducted in determining the cost of services
 allocated to each component school district.  Any  payments  made  to  a
 component  school  district  by  the  board  of  cooperative educational
 services pursuant to subdivision eleven of section six-p of the  general
 municipal  law  attributable  to  an  approved  cost of service computed
 pursuant to this subdivision shall be deducted from the cost of services
 allocated to such component school district.  The expense of transporta-
 tion provided by the board of cooperative educational services  pursuant
 to paragraph q of subdivision four of this section shall be eligible for
 aid  apportioned  pursuant  to  subdivision  seven of section thirty-six
 hundred two of this chapter and  no  board  of  cooperative  educational
 services  transportation  expense  shall be an approved cost of services
 for the  computation  of  aid  under  this  subdivision.  Transportation
 expense  pursuant  to  paragraph  q  of subdivision four of this section
 shall be included in the computation of the ten  percent  limitation  on
 administrative and clerical expenses.
   §  21-e.   Paragraph b of subdivision 10 of section 3602 of the educa-
 tion law, as amended by section 16 of part B of chapter 57 of  the  laws
 of 2007, is amended to read as follows:
   b.  Aid  for career education. There shall be apportioned to such city
 school districts and other school districts which were not components of
 a board of cooperative educational services in the base year for  pupils
 in  grades  [ten]  NINE through twelve in attendance in career education
 programs as such programs are defined by the commissioner,  subject  for
 the  purposes  of  this paragraph to the approval of the director of the
 budget, an amount for each such pupil to be computed by multiplying  the
 career  education aid ratio by three thousand nine hundred dollars. Such
 aid will be payable  for  weighted  pupils  attending  career  education
 programs  operated  by  the  school district and for weighted pupils for
 whom such school district contracts with boards  of  cooperative  educa-
 tional  services to attend career education programs operated by a board
 of cooperative educational services. Weighted pupils for the purposes of
 this paragraph shall mean the sum of (I) THE PRODUCT OF  the  attendance
 of  STUDENTS  IN  GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN
 FACTOR PLUS (II) THE ATTENDANCE OF students in grades ten through twelve
 in career education sequences in trade, industrial, technical,  agricul-
 tural  or  health programs plus the product of sixteen hundredths multi-
 plied by THE SUM OF (I) THE PRODUCT OF the  attendance  of  STUDENTS  IN
 GRADE  NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN FACTOR PLUS (II)
 THE ATTENDANCE OF students in grades ten through twelve in career educa-

 A. 3006--B                         24
 
 tion sequences in business and marketing as defined by the  commissioner
 in regulations; PROVIDED THAT THE SPECIAL SERVICES PHASE-IN FACTOR SHALL
 BE  (I)  FOR  THE  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
 YEAR,  TWENTY-FIVE  PERCENT (0.25), (II) FOR THE TWO THOUSAND EIGHTEEN--
 TWO THOUSAND NINETEEN SCHOOL YEAR, FIFTY PERCENT (0.5),  (III)  FOR  THE
 TWO  THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY SCHOOL YEAR, SEVENTY-FIVE
 PERCENT (0.75), AND (IV) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE SCHOOL YEAR AND THEREAFTER, ONE HUNDRED PERCENT (1.0). The career
 education aid ratio shall be computed by subtracting from one the  prod-
 uct  obtained  by  multiplying fifty-nine percent by the combined wealth
 ratio. This aid ratio shall be expressed as a decimal carried  to  three
 places without rounding, but not less than thirty-six percent.
   Any school district that receives aid pursuant to this paragraph shall
 be  required  to use such amount to support career education programs in
 the current year.
   A board of education which spends less than its local funds as defined
 by regulations of the commissioner for career education in the base year
 during the current year shall have its apportionment under this subdivi-
 sion reduced in an amount equal to such deficiency in the current  or  a
 succeeding school year, provided however that the commissioner may waive
 such reduction upon determination that overall expenditures per pupil in
 support  of career education programs were continued at a level equal to
 or greater than the level of such overall expenditures per pupil in  the
 preceding school year.
   §  22. The closing paragraph of subdivision 5-a of section 3602 of the
 education law, as amended by section 2 of part A of chapter  54  of  the
 laws of 2016, 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
 [sixteen]  SEVENTEEN--two  thousand  [seventeen]  EIGHTEEN 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".
   §  23. Paragraph b of subdivision 6-c of section 3602 of the education
 law, as amended by section 24 of part A of chapter 54  of  the  laws  of
 2016, is amended to read as follows:
   b.  For  projects  approved  by the commissioner authorized to receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary metal detectors, security cameras or other  security  devices
 approved  by  the  commissioner that increase the safety of students and
 school personnel, provided that for  purposes  of  this  paragraph  such
 other  security  devices shall be limited to electronic security systems
 and hardened doors, and provided  that  for  projects  approved  by  the
 commissioner on or after the first day of July two thousand thirteen and
 before  the  first  day  of  July two thousand [seventeen] EIGHTEEN such
 additional aid shall equal the product of (i)  the  building  aid  ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion  six  of this section plus ten percentage points, except that in no
 case shall this amount exceed one hundred percent, and (ii)  the  actual
 approved  expenditures incurred in the base year pursuant to this subdi-

 A. 3006--B                         25
 
 vision, provided that the limitations on cost allowances  prescribed  by
 paragraph  a  of  subdivision  six  of this section shall not apply, and
 provided further that any projects aided under this  paragraph  must  be
 included  in  a  district's  school  safety plan. The commissioner shall
 annually prescribe a special cost allowance  for  metal  detectors,  and
 security  cameras,  and  the approved expenditures shall not exceed such
 cost allowance.
   § 23-a. Section 3602 of the education law is amended by adding  a  new
 subdivision 6-i to read as follows:
   6-I.  BUILDING  AID FOR APPROVED EXPENDITURES FOR DEBT SERVICE FOR TAX
 CERTIORARI FINANCING. IN ADDITION TO THE  APPORTIONMENTS  PAYABLE  TO  A
 SCHOOL  DISTRICT  PURSUANT TO SUBDIVISION SIX OF THIS SECTION, BEGINNING
 WITH DEBT SERVICE IN THE TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGHTEEN
 SCHOOL  YEAR  AND  THEREAFTER,  THE COMMISSIONER IS HEREBY AUTHORIZED TO
 APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL  BUILDING  AID  PURSUANT  TO
 THIS  SUBDIVISION FOR ITS APPROVED DEBT SERVICE EXPENDITURES FOR FINANC-
 ING THE COST OF A TAX CERTIORARI, WHERE THE  TOTAL  VALUE  OF  THE  BOND
 EXCEEDS  THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR
 THE YEAR PRIOR TO THE YEAR IN WHICH THE SCHOOL DISTRICT  FIRST  RECEIVES
 BOND PROCEEDS. IN ORDER TO HAVE SUCH DEBT SERVICE EXPENDITURES APPROVED,
 THE  SCHOOL  DISTRICT  SHALL SUBMIT TO THE COMMISSIONER, IN A FORM HE OR
 SHE PRESCRIBES, DOCUMENTATION RELATING TO THE  ISSUANCE  OF  SUCH  BOND,
 INCLUDING  BUT  NOT  LIMITED TO THE ORIGINAL TAX CERTIORARI, THE AMORTI-
 ZATION SCHEDULE OF SUCH BOND, AND ANY OTHER DOCUMENTATION DEEMED  NECES-
 SARY.  PROVIDED,  HOWEVER, THAT IN THE EVENT THE SCHOOL DISTRICT REFUNDS
 THE ORIGINAL BOND AT ANY POINT, THE SCHOOL DISTRICT SHALL  PROVIDE  SUCH
 UPDATED  DOCUMENTATION AS REQUIRED BY THE COMMISSIONER, WHO SHALL ADJUST
 THE ANNUAL APPROVED EXPENDITURES ACCORDINGLY. SUCH AID SHALL  EQUAL  THE
 PRODUCT  OF  THE  SUM  OF (1) THE BUILDING AID RATIO DEFINED PURSUANT TO
 PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION PLUS (2) ONE-TENTH  (0.1)
 MULTIPLIED  BY THE ACTUAL APPROVED DEBT SERVICE EXPENDITURES INCURRED IN
 THE BASE YEAR PURSUANT TO THIS SUBDIVISION.
   § 24. Subdivision 12 of section 3602 of the education law  is  amended
 by adding a new closing paragraph to read as follows:
   FOR  THE  TWO  THOUSAND  SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR,
 EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO  THE
 AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT"
 UNDER THE HEADING "2016-17 ESTIMATED AIDS" IN THE  SCHOOL  AID  COMPUTER
 LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
 TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL  YEAR  AND  ENTITLED
 "SA161-7",  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.
   §  25.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 4 of part A of chapter  54  of  the
 laws of 2016, 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

 A. 3006--B                         26
 
 districts,  fifty percent (0.50). Each school district shall be eligible
 to receive a high tax aid apportionment in the  two  thousand  nine--two
 thousand  ten  through two thousand twelve--two thousand thirteen school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment  in  the  two  thousand thirteen--two thousand fourteen through
 [two thousand sixteen--two thousand seventeen] TWO THOUSAND  SEVENTEEN--
 TWO  THOUSAND  EIGHTEEN  school  years  equal  to the greater of (1) the
 amount set forth for such school district as "HIGH TAX  AID"  under  the
 heading  "2008-09  BASE  YEAR  AIDS"  in the school aid computer listing
 produced by the commissioner in support of the budget for the two  thou-
 sand nine--two thousand ten school year and entitled "SA0910" or (2) the
 amount  set  forth  for such school district as "HIGH TAX AID" under the
 heading "2013-14 ESTIMATED AIDS" in  the  school  aid  computer  listing
 produced  by the commissioner in support of the executive budget for the
 2013-14 fiscal year and entitled "BT131-4".
   § 26. Subdivision 10 of  section  3602-e  of  the  education  law,  as
 amended  by  section 22 of part B of chapter 57 of the laws of 2008, the
 opening paragraph as amended by section 5 of part A of chapter 54 of the
 laws of 2016, is amended to read as follows:
   10. Universal prekindergarten aid.  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 electronic 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 eleven school years,
 such school district shall be eligible for a maximum grant equal to  the
 amount  computed  pursuant  to  paragraph  a of subdivision 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 PREKINDERGARTEN" under  the
 heading  "2011-12  ESTIMATED  AIDS"  in  the school aid computer listing
 produced by the commissioner in support of the enacted  budget  for  the
 2011-12 school year and entitled "SA111-2", and for two thousand twelve-
 -two thousand thirteen through two thousand sixteen--two thousand seven-
 teen  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  commis-
 sioner  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

 A. 3006--B                         27

 YEAR AIDS" in the school aid computer listing produced  by  the  commis-
 sioner  on May fifteenth, two thousand eleven pursuant to paragraph b of
 subdivision twenty-one of section three hundred five  of  this  chapter,
 AND  FOR  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
 AND THEREAFTER EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT
 AMOUNT EQUAL TO THE SUM OF (I) THE AMOUNT  SET  FORTH  FOR  SUCH  SCHOOL
 DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER THE HEADING "2016-17 ESTI-
 MATED  AIDS"  IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
 SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE 2016-17 SCHOOL YEAR  AND
 ENTITLED  "SA161-7" PLUS (II) THE AMOUNT AWARDED TO SUCH SCHOOL DISTRICT
 FOR THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY  PREKIN-
 DERGARTEN  GRANT  PROGRAM  FOR  HIGH  NEED STUDENTS FOR THE TWO THOUSAND
 SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO  CHAPTER  FIFTY-
 THREE  OF  THE  LAWS OF TWO THOUSAND FOURTEEN, 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.
   a. Each school district shall be eligible to [receive a  grant  amount
 equal to the sum of (i) its prekindergarten aid base plus (ii) the prod-
 uct  of  its  selected  aid  per prekindergarten pupil multiplied by the
 positive difference, if any of the  number  of  aidable  prekindergarten
 pupils served in the current year, as determined pursuant to regulations
 of the commissioner, less the base aidable prekindergarten pupils calcu-
 lated pursuant to this subdivision for the two thousand seven--two thou-
 sand eight school year, based on data on file for the school aid comput-
 er listing produced by the commissioner in support of the enacted budget
 for  the two thousand seven--two thousand eight school year and entitled
 "SA070-8". Provided, however, that in computing an apportionment  pursu-
 ant to this paragraph, for districts where the number of aidable prekin-
 dergarten  pupils  served is less than the number of unserved prekinder-
 garten pupils, such grant  amount  shall  be  the  lesser  of  such  sum
 computed  pursuant  to this paragraph or the maximum allocation computed
 pursuant to subdivision nine of this section] SERVE THE SUM OF (I) FULL-
 DAY PREKINDERGARTEN PUPILS PLUS (II) HALF-DAY PREKINDERGARTEN PUPILS.
   b. For purposes of paragraph a of this subdivision:
   (i) "Selected aid per prekindergarten pupil" shall equal  the  greater
 of  (A)  the  product  of five-tenths and the school district's selected
 foundation aid for the current year, or (B) the aid per  prekindergarten
 pupil  calculated pursuant to this subdivision for the two thousand six-
 two thousand seven school year, based on data on file for the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for  the  two  thousand  six--two thousand seven school year and
 entitled "SA060-7"; provided, however, that in the two thousand  eight--
 two thousand nine school year, a city school district in a city having a
 population  of  one million inhabitants or more shall not be eligible to
 select aid per prekindergarten pupil pursuant  to  clause  (A)  of  this
 subparagraph;
   (ii)  ["Base aidable prekindergarten pupils". "Base aidable prekinder-
 garten pupils" shall equal the sum of the base  aidable  prekindergarten
 pupils  calculated pursuant to this subdivision for the base year, based
 on data on file for the school aid  computer  listing  produced  by  the
 commissioner  in  support  of the enacted budget for the base year, plus
 the additional aidable prekindergarten  pupils  calculated  pursuant  to
 this subdivision for the base year, based on data on file for the school
 aid  computer  listing  produced  by  the commissioner in support of the
 enacted budget for the  base  year]  "FULL-DAY  PREKINDERGARTEN  PUPILS"

 A. 3006--B                         28
 
 SHALL EQUAL (I) THE MAXIMUM AIDABLE FULL-DAY PREKINDERGARTEN PUPILS SUCH
 DISTRICT WAS ELIGIBLE TO SERVE FOR THE PRIORITY FULL-DAY PREKINDERGARTEN
 AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM FOR THE TWO THOUSAND
 SIXTEEN--TWO  THOUSAND  SEVENTEEN SCHOOL YEAR PURSUANT TO CHAPTER FIFTY-
 THREE OF THE LAWS OF TWO THOUSAND FOURTEEN PLUS (II) THE NUMBER OF HALF-
 DAY PREKINDERGARTEN PUPILS CONVERTED  INTO  A  FULL-DAY  PREKINDERGARTEN
 PUPIL  UNDER THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY
 PREKINDERGARTEN GRANT PROGRAM FOR HIGH NEED STUDENTS PURSUANT TO CHAPTER
 FIFTY-THREE OF THE LAWS OF TWO THOUSAND FOURTEEN;
   (iii) "HALF-DAY PREKINDERGARTEN PUPILS SHALL EQUAL (A) (I) THE MAXIMUM
 AIDABLE UNIVERSAL PREKINDERGARTEN PUPILS EACH DISTRICT WAS  ELIGIBLE  TO
 SERVE  IN  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
 PURSUANT TO THIS SECTION PLUS (II) THE MAXIMUM AIDABLE HALF-DAY  PREKIN-
 DERGARTEN  PUPILS  SUCH  DISTRICT WAS ELIGIBLE TO SERVE FOR THE PRIORITY
 FULL-DAY PREKINDERGARTEN AND  EXPANDED  HALF-DAY  PREKINDERGARTEN  GRANT
 PROGRAM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
 PURSUANT  TO  CHAPTER  FIFTY-THREE  OF THE LAWS OF TWO THOUSAND FOURTEEN
 MINUS (B) THE NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS CONVERTED INTO A
 FULL-DAY PREKINDERGARTEN PUPIL UNDER THE PRIORITY FULL-DAY PREKINDERGAR-
 TEN AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM  FOR  HIGH  NEED
 STUDENTS  PURSUANT  TO  CHAPTER  FIFTY-THREE OF THE LAWS OF TWO THOUSAND
 FOURTEEN;
   (IV) "Unserved prekindergarten  pupils"  shall  mean  the  product  of
 eighty-five  percent  multiplied  by  the  positive  difference, if any,
 between the sum of the public school enrollment and the nonpublic school
 enrollment of children attending full  day  and  half  day  kindergarten
 programs  in  the  district  in the year prior to the base year less the
 number of resident children who attain the age of four  before  December
 first  of  the  base  year, who were served during such school year by a
 prekindergarten program approved pursuant to section forty-four  hundred
 ten of this chapter, where such services are provided for more than four
 hours per day;
   [(iv)  "Additional  aidable prekindergarten pupils". For the two thou-
 sand seven--two thousand eight through two thousand eight--two  thousand
 nine  school  years,  "additional  aidable prekindergarten pupils" shall
 equal the product of  (A)  the  positive  difference,  if  any,  of  the
 unserved  prekindergarten  pupils  less the base aidable prekindergarten
 pupils multiplied by (B) the prekindergarten phase-in factor;
   (v) the "prekindergarten aid base" shall mean the sum of  the  amounts
 the  school  district  received  for  the two thousand six--two thousand
 seven school year for grants awarded pursuant to this  section  and  for
 targeted prekindergarten grants;
   (vi)  The  "prekindergarten  phase-in  factor".  For  the two thousand
 eight--two thousand  nine  school  year,  the  prekindergarten  phase-in
 factor  shall  equal  the positive difference, if any, of the pupil need
 index computed pursuant to subparagraph three of paragraph a of subdivi-
 sion four of section thirty-six hundred  two  of  this  part  less  one,
 provided,  however,  that:  (A)  for  any district where (1) the maximum
 allocation computed pursuant to subdivision nine of this section for the
 base year is greater than zero and (2) the amount allocated pursuant  to
 this subdivision for the base year, based on data on file for the school
 aid  computer listing produced by the commissioner on February fifteenth
 of the base year, pursuant to paragraph b of subdivision  twenty-one  of
 section three hundred five of this chapter, is greater than the positive
 difference,  if  any,  of such maximum allocation for the base year less
 twenty-seven hundred, the  prekindergarten  phase-in  factor  shall  not

 A. 3006--B                         29

 exceed eighteen percent, and shall not be less than ten percent, and (B)
 for  any  district  not  subject to the provisions of clause (A) of this
 subparagraph where (1) the amount allocated pursuant to this subdivision
 for  the base year is equal to zero or (2) the amount allocated pursuant
 to this section for the base year, based on data on file for the  school
 aid  computer listing produced by the commissioner on February fifteenth
 of the base year, pursuant to paragraph b of subdivision  twenty-one  of
 section three hundred five of this chapter, is less than or equal to the
 amount allocated pursuant to this section for the year prior to the base
 year, based on data on file for the school aid computer listing produced
 by  the commissioner on February fifteenth of the base year, pursuant to
 paragraph b of subdivision twenty-one of section three hundred  five  of
 this  chapter, the prekindergarten phase-in factor shall equal zero, and
 (C) for any district not subject to the provisions of clause (A) or  (B)
 of  this  subparagraph,  the  prekindergarten  phase-in factor shall not
 exceed thirteen percent, and shall not be less than seven percent;
   (vii) "Base year" shall mean the base  year  as  defined  pursuant  to
 subdivision one of section thirty-six hundred two of this part.]
   (V) "PREKINDERGARTEN MAINTENANCE OF EFFORT BASE" SHALL MEAN THE NUMBER
 OF  ELIGIBLE  TOTAL  FULL-DAY  PREKINDERGARTEN  PUPILS SET FORTH FOR THE
 DISTRICT IN THIS PARAGRAPH PLUS THE PRODUCT OF ONE HALF (0.5) MULTIPLIED
 BY THE NUMBER OF ELIGIBLE  TOTAL  HALF-DAY  PREKINDERGARTEN  PUPILS  SET
 FORTH FOR THE DISTRICT IN THIS PARAGRAPH;
   (VI)  "CURRENT  YEAR PREKINDERGARTEN PUPILS SERVED" SHALL MEAN THE SUM
 OF FULL DAY PREKINDERGARTEN PUPILS SERVED IN THE CURRENT YEAR  PLUS  THE
 PRODUCT  OF  ONE  HALF  (0.5) MULTIPLIED BY THE HALF DAY PREKINDERGARTEN
 PUPILS IN THE CURRENT YEAR;
   (VII) "MAINTENANCE OF EFFORT FACTOR" SHALL MEAN THE  QUOTIENT  ARRIVED
 AT  WHEN  DIVIDING THE CURRENT YEAR PREKINDERGARTEN PUPILS SERVED BY THE
 PREKINDERGARTEN MAINTENANCE OF EFFORT BASE.
   c. Notwithstanding any other provision  of  this  section,  the  total
 grant  payable  pursuant  to this section shall equal the lesser of: (i)
 the total grant amounts computed pursuant to this  subdivision  for  the
 current  year, based on data on file with the commissioner as of Septem-
 ber first of the school year immediately following  or  (ii)  the  total
 actual grant expenditures incurred by the school district as approved by
 the commissioner.
   §  27.  Subdivision  11  of  section  3602-e  of the education law, as
 amended by section 10-b of part A of chapter 57 of the laws of 2012,  is
 amended to read as follows:
   11.  [Notwithstanding  the  provisions  of  subdivision  ten  of  this
 section, where the district serves fewer  children  during  the  current
 year than the lesser of the children served in the two thousand ten--two
 thousand  eleven  school year or its base aidable prekindergarten pupils
 computed for the two thousand seven--two thousand eight school year, the
 school district shall  have  its  apportionment  reduced  in  an  amount
 proportional to such deficiency in the current year or in the succeeding
 school  year,  as  determined by the commissioner, except such reduction
 shall not apply to school  districts  which  have  fully  implemented  a
 universal  pre-kindergarten  program by making such program available to
 all eligible children. Expenses  incurred  by  the  school  district  in
 implementing  a  pre-kindergarten program plan pursuant to this subdivi-
 sion shall be  deemed  ordinary  contingent  expenses.]  MAINTENANCE  OF
 EFFORT REDUCTION. WHERE A SCHOOL DISTRICT'S CURRENT YEAR PREKINDERGARTEN
 PUPILS  SERVED  IS  LESS  THAN ITS PREKINDERGARTEN MAINTENANCE OF EFFORT
 BASE, THE SCHOOL DISTRICT SHALL  HAVE  ITS  CURRENT  YEAR  APPORTIONMENT

 A. 3006--B                         30

 REDUCED  BY  THE PRODUCT OF THE MAINTENANCE OF EFFORT FACTOR COMPUTED IN
 PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION MULTIPLIED BY  THE  GRANT
 AMOUNT  IT  WAS  ELIGIBLE TO RECEIVE PURSUANT TO SUBDIVISION TEN OF THIS
 SECTION.
   § 28. Paragraph b of subdivision 12 of section 3602-e of the education
 law,  as  amended  by  section 19 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   b. [minimum] curriculum standards [that] CONSISTENT WITH THE NEW  YORK
 STATE  PREKINDERGARTEN  EARLY  LEARNING  STANDARDS  TO  ensure that such
 programs have strong instructional content that is integrated  with  the
 school  district's instructional program in grades kindergarten [though]
 THROUGH twelve;
   § 29. Subdivision 14 of  section  3602-e  of  the  education  law,  as
 amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
 amended to read as follows:
   14. On February fifteenth, two thousand, and annually thereafter,  the
 commissioner and the board of regents shall include in its annual report
 to  the  legislature  AND  THE GOVERNOR, information on school districts
 receiving grants under  this  section;  the  amount  of  each  grant;  a
 description of the program that each grant supports and an assessment by
 the  commissioner  of  the  extent to which the program meets measurable
 outcomes required by the grant program or regulations  of  such  commis-
 sioner;  and any other relevant information, WHICH SHALL INCLUDE BUT NOT
 BE LIMITED TO THE FOLLOWING: (A) (I) THE TOTAL NUMBER OF STUDENTS SERVED
 IN STATE-FUNDED DISTRICT-OPERATED  PREKINDERGARTEN  PROGRAMS,  (II)  THE
 TOTAL  NUMBER OF STUDENTS SERVED IN STATE-FUNDED COMMUNITY-BASED PREKIN-
 DERGARTEN PROGRAMS, (III) THE TOTAL NUMBER OF STUDENTS SERVED IN  STATE-
 FUNDED  HALF-DAY  PREKINDERGARTEN PROGRAMS, AND (IV) THE TOTAL NUMBER OF
 STUDENTS SERVED IN STATE-FUNDED FULL-DAY PREKINDERGARTEN  PROGRAMS;  (B)
 (I)  THE  TOTAL  NUMBER OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY
 FUNDED DISTRICT-OPERATED PREKINDERGARTEN PROGRAMS, (II) THE TOTAL NUMBER
 OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY FUNDED  COMMUNITY-BASED
 PREKINDERGARTEN  PROGRAMS,  (III) THE TOTAL NUMBER OF STUDENTS SERVED IN
 STATE, FEDERAL AND LOCALLY FUNDED HALF-DAY PREKINDERGARTEN PROGRAMS, AND
 (IV) THE TOTAL NUMBER OF STUDENTS SERVED IN STATE, FEDERAL  AND  LOCALLY
 FUNDED  FULL-DAY PREKINDERGARTEN PROGRAMS; AND (C) THE TOTAL SPENDING ON
 PREKINDERGARTEN PROGRAMS FROM STATE, FEDERAL, AND  LOCAL  SOURCES.  Such
 report  shall  also  contain any recommendations to improve or otherwise
 change the program.
   § 29-a. Section 3602-e of the education law is amended by adding a new
 subdivision 14-a to read as follows:
   14-A. THE COMMISSIONER SHALL REQUEST FROM EACH SCHOOL DISTRICT IN  THE
 STATE, SUCH DISTRICT'S UNMET NEED FOR PUBLIC PREKINDERGARTEN PROGRAMS AS
 DEFINED  IN  THIS  SECTION  AND REPORT ON SUCH NEED AND THE FUNDING THAT
 WOULD BE REQUIRED TO MEET SUCH A NEED TO  THE  LEGISLATURE  BY  DECEMBER
 FIRST, TWO THOUSAND SEVENTEEN.
   §  30.  Section 3602-e of the education law is amended by adding a new
 subdivision 17 to read as follows:
   17. A SCHOOL DISTRICT RECEIVING FUNDING PURSUANT TO THIS SECTION SHALL
 AGREE TO ADOPT APPROVED QUALITY INDICATORS WITHIN TWO YEARS,  INCLUDING,
 BUT  NOT LIMITED TO, VALID AND RELIABLE MEASURES OF ENVIRONMENTAL QUALI-
 TY, THE QUALITY OF TEACHER-STUDENT INTERACTIONS AND CHILD OUTCOMES,  AND
 ENSURE  THAT  ANY SUCH ASSESSMENT OF CHILD OUTCOMES SHALL NOT BE USED TO
 MAKE HIGH-STAKES EDUCATIONAL DECISIONS FOR INDIVIDUAL CHILDREN.
   § 30-a. Subdivision 21 of section 305 of the education law is  amended
 by adding a new paragraph d to read as follows:

 A. 3006--B                         31

   D.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 FOR THE PURPOSES OF DETERMINING THE BASE YEAR LEVEL OF  GENERAL  SUPPORT
 FOR  PUBLIC  SCHOOLS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION FOR THE
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR,  THE  COMMIS-
 SIONER  IS  DIRECTED  TO INCLUDE THE GRANT AMOUNTS ALLOCATED PURSUANT TO
 SUBDIVISION TEN OF SECTION THIRTY-SIX  HUNDRED  TWO-E  OF  THIS  CHAPTER
 WHERE  SUCH  GRANTS  HAD PREVIOUSLY BEEN ALLOCATED TO DISTRICTS BY MEANS
 OTHER THAN GENERAL SUPPORT FOR PUBLIC SCHOOLS, PROVIDED  THAT,  NOTWITH-
 STANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, SUCH BASE YEAR GRANT
 AMOUNTS SHALL NOT BE  INCLUDED  IN:  (1)  THE  ALLOWABLE  GROWTH  AMOUNT
 COMPUTED  PURSUANT TO PARAGRAPH DD OF SUBDIVISION ONE OF SECTION THIRTY-
 SIX HUNDRED TWO OF THIS  CHAPTER,  (2)  THE  PRELIMINARY  GROWTH  AMOUNT
 COMPUTED  PURSUANT TO PARAGRAPH FF OF SUBDIVISION ONE OF SECTION THIRTY-
 SIX HUNDRED TWO OF THIS CHAPTER, AND (3)  THE  ALLOCABLE  GROWTH  AMOUNT
 COMPUTED  PURSUANT TO PARAGRAPH GG OF SUBDIVISION ONE OF SECTION THIRTY-
 SIX HUNDRED TWO OF THIS CHAPTER, AND SHALL NOT BE CONSIDERED, AND  SHALL
 NOT  BE  AVAILABLE  FOR  INTERCHANGE  WITH,  GENERAL  SUPPORT FOR PUBLIC
 SCHOOLS.
   § 31. Subdivision 16 of  section  3602-ee  of  the  education  law  is
 REPEALED.
   § 32. Intentionally omitted.
   § 33. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  10 of part A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through the two thousand [sixteen] SEVENTEEN--two thousand [seven-
 teen] EIGHTEEN 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 commis-
 sioner in support of the budget which includes the appropriation for the
 general support for public schools for the prescribed payments and indi-
 vidualized 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 subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
 vision  four  of section ninety-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  subdivi-
 sion  twelve of section thirty-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

 A. 3006--B                         32
 
 of this part shall apply to this section. For aid  payable  in  the  two
 thousand  [sixteen]  SEVENTEEN--two thousand [seventeen] EIGHTEEN school
 year, reference to such "school aid computer  listing  for  the  current
 year" shall mean the printouts entitled ["SA161-7"]"SA171-8".
   §  34.  Paragraph  b of subdivision 2 of section 3612 of the education
 law, as amended by section 26 of part A of chapter 54  of  the  laws  of
 2016, 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 sixteen--two thousand seventeen]  TWO  THOUSAND  SEVENTEEN--TWO
 THOUSAND EIGHTEEN.
   §  35.  Subdivision 6 of section 4402 of the education law, as amended
 by section 27 of part A of chapter 54 of the laws of 2016, 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 [seventeen] EIGHTEEN of  the
 [two  thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--
 TWO THOUSAND EIGHTEEN school year, be authorized to increase class sizes
 in special classes containing students with disabilities whose age rang-
 es 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

 A. 3006--B                         33
 
 problems at the secondary level and will implement a  corrective  action
 plan  to  increase the rate of attendance of students in such classes to
 at least the rate for students attending regular  education  classes  in
 secondary  schools of the district. Such corrective action plan shall be
 submitted for approval by the commissioner by a date during  the  school
 year  in  which such board increases class sizes as provided pursuant to
 this subdivision to be prescribed by the  commissioner.  Upon  at  least
 thirty  days  notice  to the board of education, after conclusion of the
 school year in which such board increases class sizes as provided pursu-
 ant to this subdivision, the commissioner shall be authorized to  termi-
 nate  such  authorization  upon  a  finding that the board has failed to
 develop or implement an approved corrective action plan.
   § 36. Intentionally omitted.
   § 37. Subparagraph (i) of paragraph a of  subdivision  10  of  section
 4410  of the education law is amended by adding a new clause (D) to read
 as follows:
   (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
 THE  CONTRARY,  COMMENCING  WITH THE TWO THOUSAND NINETEEN--TWO THOUSAND
 TWENTY SCHOOL YEAR, APPROVED PRESCHOOL INTEGRATED SPECIAL CLASS PROGRAMS
 SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON AN ALTERNATIVE  METHODOL-
 OGY  FOR REIMBURSEMENT TO BE ESTABLISHED BY THE COMMISSIONER.  IN DEVEL-
 OPING SUCH METHODOLOGY THE COMMISSIONER SHALL SEEK INPUT FROM STAKEHOLD-
 ERS THAT WOULD  BE  IMPACTED  BY  SUCH  ALTERNATIVE  METHODOLOGY.    THE
 ALTERNATIVE  METHODOLOGY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
 BUDGET, SHALL BE PROPOSED BY THE DEPARTMENT NO LATER THAN OCTOBER FIRST,
 TWO THOUSAND EIGHTEEN.
   § 38. Subdivision 1 of section 4452 of the education law, as added  by
 chapter  740  of the laws of 1982, paragraph e as amended by chapter 536
 of the laws of 1997, is amended to read as follows:
   1. In order to provide for educational programs to meet special  needs
 of  gifted  pupils, the commissioner is hereby authorized to make recom-
 mendations to school districts in accordance with the provisions of this
 subdivision and section thirty-six hundred two of this chapter.
   a. As used in this article, the term "gifted pupils" shall mean  those
 pupils  who show evidence of high performance capability and exceptional
 potential in areas such as general intellectual ability, special academ-
 ic aptitude and outstanding ability in visual and performing arts.  Such
 definition  shall  include those pupils who require educational programs
 or services beyond those normally provided by the regular school program
 in order to realize their full potential.
   b. Prior to payment of state funds for education of gifted  pupils,  a
 school  district shall submit to the commissioner a summary plan for the
 identification and education of gifted pupils.   The plan  shall  be  in
 form and content as prescribed by the commissioner.
   c.  Upon  acceptance  by a local school district of the apportionments
 made under section thirty-six hundred two of this chapter such  district
 shall  use  such funding in accordance with guidelines to be established
 by the commissioner for services to gifted pupils. Such  services  shall
 include  but  not  be limited to identification, instructional programs,
 planning, inservice education and program evaluation. A board of  educa-
 tion  may  contract with another district or board of cooperative educa-
 tional services to provide the program and/or services with the approval
 of the commissioner under guidelines established by the commissioner.
   d. [The identification of pupils for participation in gifted  programs
 funded  under  this  chapter  shall  commence  through the referral of a
 parent, teacher, or administrator.

 A. 3006--B                         34

   e. Upon referral of a pupil for  participation  in  a  gifted  program
 funded  under  this  chapter]  FOR ANY SCHOOL DISTRICT OFFERING A GIFTED
 PROGRAM THROUGH THIS CHAPTER, the school district shall  so  inform  the
 parent  or  guardian  of  such [pupil's referral] PROGRAM and shall seek
 their  approval to administer diagnostic tests or other evaluation mech-
 anisms related to the program objectives of the  district  in  order  to
 determine  eligibility for participation in such gifted program. Failing
 to receive approval, the child shall not be tested, evaluated or partic-
 ipate in the program.  In no case shall the parent, guardian or pupil be
 charged a fee for the administration of such diagnostic tests  or  other
 evaluation  mechanisms.  PROVIDED  THAT,  ANY SCHOOL DISTRICT OFFERING A
 PROGRAM UNDER THIS SECTION SHALL PROVIDE THE OPPORTUNITY  TO  ADMINISTER
 SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS FOR ALL STUDENTS IN
 A GRADE.
   [f.]  E.  The parent or guardian of a pupil designated as gifted shall
 be informed by the local school authorities of the pupil's placement  in
 such gifted program funded under this chapter.
   § 39. Intentionally omitted.
   §  40.  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 18 of part A of chapter 56 of the laws of 2015, is
 amended to read as follows:
   § 7. This act shall take effect September 1, 1998,  and  shall  expire
 and be deemed repealed September 1, [2017] 2019.
   §  41.  Subdivision  6-a  of  section 140 of chapter 82 of the laws of
 1995, amending the education law and  certain  other  laws  relating  to
 state  aid  to  school  districts and the appropriation of funds for the
 support of government, as amended by section 17-a of part A  of  chapter
 57 of the laws of 2012, is amended to read as follows:
   (6-a) Section seventy-three of this act shall take effect July 1, 1995
 and shall be deemed repealed June 30, [2017] 2022;
   § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa-
 tion  law and other laws relating to reorganization of the New York city
 school construction authority, board of education and community  boards,
 as  amended by section 1 of part O of chapter 73 of the laws of 2016, is
 amended to read as follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one through twenty, twenty-four, and twenty-six through thirty  of  this
 act  shall  expire and be deemed repealed June 30, [2017] 2024 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2017] 2024 the provisions of subdivisions
 3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
 b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
 2554  of  the  education  law  as repealed by section three of this act,
 subdivision 1 of section 2590-b of the  education  law  as  repealed  by
 section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
 2590-b of the education law as repealed by section seven  of  this  act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as  repealed by section twenty-six of this act, subdivision 1 of section
 2590-e of the education law as repealed by section twenty-seven of  this
 act,  subdivision  28 of section 2590-h of the education law as repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
 section  thirty  of  this  act  shall  be  revived  and  be read as such

 A. 3006--B                         35
 
 provisions existed in law on the date immediately preceding  the  effec-
 tive  date of this act; provided, however, that sections seven and eight
 of this act shall take effect on November  30,  2003;  provided  further
 that  the  amendments to subdivision 25 of section 2554 of the education
 law made by section two of this act shall be subject to  the  expiration
 and  reversion of such subdivision pursuant to section 12 of chapter 147
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section four of this act shall take effect.
   §  43. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
 amending the education law and other laws relating to the New York  city
 board of education, chancellor, community councils, and community super-
 intendents,  as amended by section 2 of part O of chapter 73 of the laws
 of 2016, is amended to read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section  17 of chapter 123 of the laws of 2003, as amended, shall expire
 and be deemed repealed June 30, [2017] 2024.
   § 44. 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
 28  of  part  A of chapter 54 of the laws of 2016, is amended to read as
 follows:
   b. Reimbursement for programs approved in accordance with  subdivision
 a  of this section for [the 2012--2013 school year shall not exceed 63.3
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 twelve dollars and thirty-five cents per contact hour, reimbursement for
 the  2013--2014  school year shall not exceed 62.3 percent of the lesser
 of such approvable costs per contact hour or twelve dollars  and  sixty-
 five  cents  per  contact  hour, reimbursement for the 2014--2015 school
 year shall not exceed 61.6 percent of  the  lesser  of  such  approvable
 costs  per contact hour or thirteen dollars per contact hour, reimburse-
 ment for] the 2015--2016 school year shall not exceed  60.7  percent  of
 the lesser of such approvable costs per contact hour or thirteen dollars
 and forty cents per contact hour, [and] reimbursement for the 2016--2017
 school year shall not exceed 60.3 percent of the lesser of such approva-
 ble  costs per contact hour or thirteen dollars ninety cents per contact
 hour, AND REIMBURSEMENT FOR THE 2017--2018 SCHOOL YEAR SHALL NOT  EXCEED
 60.4  PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
 THIRTEEN DOLLARS AND NINETY CENTS PER CONTACT HOUR, where a contact hour
 represents sixty minutes of instruction services provided to an eligible
 adult.  Notwithstanding any other provision of law to the contrary, [for
 the 2012--2013 school year such  contact  hours  shall  not  exceed  one
 million   six   hundred  sixty-four  thousand  five  hundred  thirty-two
 (1,664,532) hours; whereas for the 2013--2014 school year  such  contact
 hours shall not exceed one million six hundred forty-nine thousand seven
 hundred  forty-six  (1,649,746) hours; whereas for the 2014--2015 school
 year such contact hours shall not exceed one million six  hundred  twen-
 ty-five  thousand  (1,625,000) hours; whereas] for the 2015--2016 school
 year such contact hours shall not exceed one million five hundred  nine-
 ty-nine  thousand  fifteen (1,599,015) hours; whereas for the 2016--2017
 school year such contact hours shall not exceed one million five hundred
 fifty-one  thousand  three  hundred  twelve  (1,551,312);  AND  FOR  THE
 2017--2018  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
 FIVE HUNDRED FORTY-NINE THOUSAND FOUR HUNDRED  SIXTY-THREE  (1,549,463).
 Notwithstanding  any  other provision of law to the contrary, the appor-

 A. 3006--B                         36
 
 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.
   § 45. 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 v to read as follows:
   V.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2017--2018 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).
   § 46. 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 30 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed on June 30, [2017] 2018.
   §  47. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and certain other laws  relating  to
 state  aid  to  school  districts and the appropriation of funds for the
 support of government, as amended by section 33 of part A of chapter  54
 of the laws of 2016, 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,
 [2017] 2018 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, [2017] 2018;
   §  48. Paragraphs (a-1) and (b) of section 5 of chapter 89 of the laws
 of 2016 relating to supplementary funding  for  dedicated  programs  for
 public  school  students in the East Ramapo central school district, are
 amended to read as follows:
   (a-1) The East Ramapo central school district  shall  be  eligible  to
 receive  reimbursement  [from  such  funds  made  available] pursuant to
 [paragraph (a) of] this [section] ACT, SUBJECT  TO  AVAILABLE  APPROPRI-
 ATION,  for  its  approved expenditures IN THE TWO THOUSAND SIXTEEN--TWO
 THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER on services to improve and
 enhance the educational opportunities of students attending  the  public
 schools in such district. Such services shall include, but not be limit-
 ed  to, reducing class sizes, expanding academic and enrichment opportu-
 nities, establishing  and  expanding  kindergarten  programs,  expanding
 extracurricular  opportunities  and  providing student support services,
 provided, however, transportation services and  expenses  shall  not  be
 eligible for reimbursement from such funds.

 A. 3006--B                         37
 
   (b)  In  order to receive such funds, the school district in consulta-
 tion with the monitor or monitors shall develop a  long  term  strategic
 academic  and fiscal improvement plan within 6 months from the enactment
 of this act AND SHALL ANNUALLY REVISE SUCH PLAN BY OCTOBER FIRST OF EACH
 YEAR  THEREAFTER.    Such plan, INCLUDING SUCH ANNUAL REVISIONS THERETO,
 shall be submitted to the commissioner for approval and shall include  a
 set  of  goals with appropriate benchmarks and measurable objectives and
 identify strategies to address areas where improvements  are  needed  in
 the  district,  including  but  not  limited to its financial stability,
 academic opportunities and outcomes, education of students with disabil-
 ities, education of English language learners, and shall ensure  compli-
 ance  with  all applicable state and federal laws and regulations.  This
 improvement plan shall also include  a  comprehensive  expenditure  plan
 that will describe how the funds made available to the district pursuant
 to  this  section  will  be  spent  IN THE APPLICABLE SCHOOL YEAR.   The
 comprehensive expenditure plan shall ensure that funds  supplement,  not
 supplant,  expenditures from local, state and federal funds for services
 provided to public school students, EXCEPT THAT SUCH FUNDS MAY  BE  USED
 TO  CONTINUE  SERVICES FUNDED PURSUANT TO THIS ACT IN PRIOR YEARS.  Such
 expenditure plan shall be developed AND ANNUALLY REVISED in consultation
 with the monitor or monitors appointed by the commissioner. The board of
 education of the East  Ramapo  central  school  district  must  ANNUALLY
 conduct  a public hearing on the expenditure plan and shall consider the
 input of the community before adopting such plan. Such expenditure  plan
 shall  also  be  made publicly available and shall be ANNUALLY submitted
 along with comments made  by  the  community  to  the  commissioner  for
 approval  once  the  plan is finalized.   Upon review of the improvement
 plan and the expenditure plan, required to be submitted pursuant to this
 subdivision or section seven of this act, the commissioner shall approve
 or deny such plan in writing and, if denied, shall include  the  reasons
 therefor.  The  district  in consultation with the monitors may resubmit
 such plan or plans with any needed modifications thereto.
   § 49. Section 8 of chapter 89 of the laws of 2016 relating to  supple-
 mentary funding for dedicated programs for public school students in the
 East Ramapo central school district, is amended to read as follows:
   §  8.  This act shall take effect July 1, 2016 and shall expire and be
 deemed repealed June 30, [2017] 2018.
   § 50. 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 34 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   § 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, [2017] 2018 when
 upon such date the provisions of this act shall be deemed repealed.
   § 51. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2017--2018 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.
   §  52.  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

 A. 3006--B                         38

 week of June 2018 and not later than the last  day  of  the  third  full
 business week of June 2018, 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, 2018, for salary expenses incurred between April  1  and
 June 30, 2017 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 paya-
 ble 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.

 A. 3006--B                         39
 
   §  53. 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, 2018, 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, 2018 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.
   § 54. 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

 A. 3006--B                         40
 
 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.
   § 55. 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 2017--2018 school year,  as  a  non-component  school
 district, services required by article 19 of the education law.
   §  56.  The  amounts specified in this section shall be 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 2017--2018
 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

 A. 3006--B                         41
 
 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 2017--2018 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  2017--2018
 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 2017--2018 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.
   § 57. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2017 enacting
 the aid to localities budget shall  be  apportioned  for  the  2017-2018
 state  fiscal  year  in  accordance with the provisions of sections 271,
 272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
 provisions  of this chapter and the provisions of this section, provided
 that library construction aid pursuant to section 273-a of the education
 law shall not be payable from the  appropriations  for  the  support  of
 public libraries and provided further that no library, library system or
 program, as defined by the commissioner of education, shall receive less
 total  system  or  program  aid  than it received for the year 2001-2002
 except as a result of a reduction adjustment necessary to conform to the

 A. 3006--B                         42
 
 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 2017-2018 by a chapter  of  the
 laws  of 2017 enacting the education, labor and family assistance budget
 shall fulfill the state's obligation to provide such aid  and,  pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant  to  such  appropriations  shall  be reduced proportionately to
 assure that the total amount of aid payable does not  exceed  the  total
 appropriations for such purpose.
   § 58. Paragraph a-1 of subdivision 11 of section 3602 of the education
 law,  as  amended  by  chapter 45 of part A of chapter 54 of the laws of
 2016, 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 [sixteen] SEVENTEEN--two  thou-
 sand  [seventeen] EIGHTEEN, 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 not been enrolled in
 any school for the preceding school year,  including  persons  who  have
 received  a  high  school diploma or high school equivalency diploma but
 fail to demonstrate basic educational competencies as defined  in  regu-
 lation  by  the  commissioner,  when  measured  by accepted standardized
 tests, and who shall be eligible to attend employment preparation educa-
 tion programs operated pursuant to this subdivision.
   § 59. 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
 44  of  part  A of chapter 54 of the laws of 2016, 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  [2016-17]  2017-18  school  year,  four  million  dollars
 ($4,000,000); for the  [2017-18]  2018-19  school  year,  three  million
 dollars ($3,000,000); for the [2018-19] 2019-20 school year, two million
 dollars ($2,000,000); for the [2019-20] 2020-21 school year, one million
 dollars  ($1,000,000);  and  for the [2020-21] 2021-22 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.
   § 60. Subdivision 11 of section 94 of part C of chapter 57 of the laws
 of 2004, relating to the support of education,  as  amended  by  section
 22-a  of Part A of chapter 56 of the laws of 2014, is amended to read as
 follows:
   11. section seventy-one  of  this  act  shall  expire  and  be  deemed
 repealed June 30, [2017] 2020;
   §  61.  Paragraph  b of subdivision 21 of section 305 of the education
 law, as added by chapter 474 of the laws of 1996, is amended to read  as
 follows:

 A. 3006--B                         43
 
   b.  The  commissioner shall periodically prepare an updated electronic
 data file containing actual and estimated data  relating  to  apportion-
 ments  due  and  owing during the current school year and projections of
 such apportionments for the following school year  to  school  districts
 and  boards of cooperative educational services from the general support
 for  public  schools,  growth  and  boards  of  cooperative  educational
 services  appropriations  on the following dates: November fifteenth, or
 such alternative date as may be requested by the director of the  budget
 for  the  purpose  of  preparation  of  the  executive  budget; February
 fifteenth, or such alternative date as may be jointly requested  by  the
 chair of the senate finance committee and the chair of the assembly ways
 and  means committee; and May fifteenth. FOR THE PURPOSES OF USING ESTI-
 MATED DATA FOR PROJECTIONS OF APPORTIONMENTS FOR  THE  FOLLOWING  SCHOOL
 YEAR,  WHEN  NO SPECIFIC APPORTIONMENT HAS YET BEEN MADE FOR SUCH SCHOOL
 YEAR, BUT SUCH APPORTIONMENT HAS A HISTORY  OF  ANNUAL  REAUTHORIZATION,
 THE  COMMISSIONER  SHALL ESTIMATE THE APPORTIONMENT AT THE SAME LEVEL AS
 THE PRECEDING SCHOOL YEAR.
   § 62. Subdivision 4 of section 51 of part B of chapter 57 of the  laws
 of 2008 amending the education law relating to the universal pre-kinder-
 garten  program, as amended by section 23 of part A of chapter 57 of the
 laws of 2012, is amended to read as follows:
   4. section [23] TWENTY-THREE of this act shall  take  effect  July  1,
 2008 and shall expire and be deemed repealed June 30, [2017] 2022;
   §  63.  Section  2  of  chapter  658 of the laws of 2002, amending the
 education law relating to citizenship requirements for permanent certif-
 ication as a teacher, as amended by chapter 289 of the laws of 2012,  is
 amended to read as follows:
   §  2.  This act shall take effect immediately, and shall expire and be
 deemed repealed November 30, [2017] 2022.
   § 64. Paragraph a of subdivision 4 of section 4405  of  the  education
 law, as amended by chapter 53 of the laws of 1990, is amended to read as
 follows:
   a.  The  commissioner  of  education  and  the  commissioner of social
 services shall develop reimbursement methodologies for the  tuition  and
 maintenance  components  of  approved  private  schools  and special act
 school districts. The commissioner [of education], in consultation  with
 the  appropriate state agencies and departments, shall have responsibil-
 ity for developing [a]  reimbursement  [methodology]  METHODOLOGIES  for
 tuition  which  shall  be  based  upon appropriate educational standards
 promulgated pursuant to regulations of the commissioner [of  education].
 The  commissioner  of  social services, in consultation with appropriate
 state agencies and departments, shall have responsibility for developing
 [a] reimbursement [methodology] METHODOLOGIES for maintenance,  pursuant
 to  section  three hundred ninety-eight-a of the social services law and
 the regulations promulgated thereunder.
   § 65. Notwithstanding any law to the  contrary,  the  state  education
 department  shall  be  exempt  from  the  requirements  and  the  waiver
 provisions included in budget bulletin B-1182, which took effect  August
 21,  2008.  Provided that such department may use such authority to hire
 additional staff, including but not limited to staff to provide  prekin-
 dergarten technical assistance statewide.
   § 66. Notwithstanding any provision of law to the contrary, the direc-
 tor  of  the division of the budget shall immediately make available all
 persistently failing school transformation grant funds that were awarded
 by the state education department, pursuant to chapter 61 of the laws of
 2015, which amended section 1 of chapter 53 of the  laws  of  2015,  and

 A. 3006--B                         44
 
 which  was  further  amended by chapter 53 of the laws of 2016, to those
 schools  identified  as  persistently  struggling  schools  pursuant  to
 section  211-f of the education law as of July 16, 2015 and whose regis-
 tration remains in effect as of April 1, 2017.
   §  67.  Tuition  rates  approved  for  the  2017--2018 school year for
 special services or programs provided to school-age students by  special
 act  school  districts;  approved private residential or non-residential
 schools for the education of students with disabilities that are located
 within the state; and providers of education to preschool children  with
 disabilities pursuant to section 4410 of the education law shall provide
 for an increase of at least four percent in reimbursable costs.
   §  68. Subdivision 8 of section 3602-ee of the education law, as added
 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
 read as follows:
   8. All teachers in the  universal  full-day  pre-kindergarten  program
 shall meet the same teacher certification standards applicable to public
 schools.  Pre-kindergarten  teachers  providing instruction through this
 section shall possess:
   (a) a teaching license or certificate valid for service in  the  early
 childhood grades; or
   (b)  a  teaching license or certificate for students with disabilities
 valid for service in early childhood grades; or
   (c) for eligible agencies as defined in paragraph b of subdivision one
 of section thirty-six hundred two-e of this part that are not schools, a
 bachelor's degree in early childhood education or a related field and  a
 written  plan  to  obtain a certification valid for service in the early
 childhood grades as follows:
   (i) for teachers hired on or after the effective date of this  section
 as  the  teacher  for  a  universal full-day pre-kindergarten classroom,
 within [three] FIVE years after commencing  employment,  at  which  time
 such certification shall be required for employment; and
   (ii)  for  teachers hired by such provider prior to the effective date
 of this section for other early childhood care and  education  programs,
 no  later  than  June  thirtieth,  two thousand [seventeen] NINETEEN, at
 which time such certification shall be required for employment.
   § 69. Paragraph a of subdivision 14 of section 305  of  the  education
 law,  as  amended by chapter 273 of the laws of 1999, is amended to read
 as follows:
   a. (1) All contracts for the transportation of  school  children,  all
 contracts  to maintain school buses owned or leased by a school district
 that are used for the transportation of school children,  all  contracts
 for  mobile  instructional units, and all contracts to provide, maintain
 and operate cafeteria or restaurant service by a  private  food  service
 management company shall be subject to the approval of the commissioner,
 who  may  disapprove  a proposed contract if, in his OR HER opinion, the
 best interests of the district  will  be  promoted  thereby.  Except  as
 provided  in paragraph e of this subdivision, all such contracts involv-
 ing an annual expenditure in excess of the amount specified for purchase
 contracts in the bidding requirements of the general municipal law shall
 be awarded to the lowest responsible bidder, which responsibility  shall
 be  determined  by  the board of education or the trustee of a district,
 with power hereby vested in the commissioner to reject any or  all  bids
 if,  in  his  OR HER opinion, the best interests of the district will be
 promoted thereby and, upon such rejection of all bids, the  commissioner
 shall  order  the board of education or trustee of the district to seek,
 obtain and consider new proposals. All proposals  for  such  transporta-

 A. 3006--B                         45
 
 tion,  maintenance, mobile instructional units, or cafeteria and restau-
 rant service shall be in such form as the  commissioner  may  prescribe.
 Advertisement  for  bids shall be published in a newspaper or newspapers
 designated  by  the board of education or trustee of the district having
 general circulation within the district for such  purpose.  Such  adver-
 tisement  shall contain a statement of the time when and place where all
 bids received pursuant to such advertisement will be publicly opened and
 read either by the school authorities or by a person or  persons  desig-
 nated  by  them.  All bids received shall be publicly opened and read at
 the time and place so specified. At least five days shall elapse between
 the first publication of such advertisement and the  date  so  specified
 for  the  opening  and  reading of bids. The requirement for competitive
 bidding shall not apply to an award of a contract for the transportation
 of pupils or a contract for mobile instructional units, if such award is
 based on an evaluation  of  proposals  in  response  to  a  request  for
 proposals  pursuant  to paragraph e of this subdivision. The requirement
 for competitive bidding shall not apply to annual, biennial, or trienni-
 al extensions of a contract nor shall the  requirement  for  competitive
 bidding  apply  to  quadrennial  or  quinquennial  year  extensions of a
 contract involving transportation of pupils, maintenance of school buses
 or mobile instructional units secured either through competitive bidding
 or through  evaluation  of  proposals  in  response  to  a  request  for
 proposals  pursuant to paragraph e of this subdivision, when such exten-
 sions [(1)] (I) are made by the board of education or the trustee  of  a
 district,  under  rules  and regulations prescribed by the commissioner,
 and, [(2)] (II) do not extend the original contract period  beyond  five
 years  from  the  date cafeteria and restaurant service commenced there-
 under and in the case of contracts for the transportation of pupils, for
 the maintenance of school buses or for mobile instructional units,  that
 such  contracts  may  be extended, except that power is hereby vested in
 the commissioner, in addition to his OR HER existing statutory authority
 to approve or disapprove transportation or maintenance contracts,  [(i)]
 (A) to reject any extension of a contract beyond the initial term there-
 of  if  he  OR  SHE  finds that amount to be paid by the district to the
 contractor in any year of such proposed extension fails to  reflect  any
 decrease   in   the   regional   consumer  price  index  for  the  N.Y.,
 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
 ers (CPI-U) during the preceding twelve  month  period,  OR  IN  A  CITY
 SCHOOL  DISTRICT  IN A CITY WITH A POPULATION OF ONE MILLION OR MORE FOR
 ALL CONTRACTS FOR SCHOOL BUSES USED FOR  THE  TRANSPORTATION  OF  SCHOOL
 CHILDREN, MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS,
 IF  THE  AMOUNT TO BE PAID BY THE DISTRICT TO THE CONTRACTOR IN ANY YEAR
 OF SUCH PROPOSED EXTENSION FAILS TO REFLECT ANY PERCENTAGE  DECREASE  IN
 THE  EMPLOYMENT  COST  INDEX  (ECI)  FOR  TOTAL COMPENSATION FOR PRIVATE
 INDUSTRY WORKERS IN THE NORTHEAST REGION (NOT SEASONALLY  ADJUSTED)  FOR
 THE  FOURTH  QUARTER OF THE PRECEDING YEAR; [and (ii)] (B) to reject any
 extension of a contract after ten years from the date transportation  or
 maintenance  service commenced thereunder, or mobile instructional units
 were first provided, if in his OR HER opinion, the best interests of the
 district will be promoted thereby. Upon such rejection of  any  proposed
 extension,  the commissioner may order the board of education or trustee
 of the district to seek,  obtain  and  consider  bids  pursuant  to  the
 provisions  of  this  section;  AND  (C)  TO  REJECT  ANY EXTENSION OF A
 CONTRACT FOR TRANSPORTATION, OR NEW CONTRACT, IF HE OR  SHE  FINDS  THAT
 THE  AMOUNT  TO BE PAID BY THE DISTRICT TO THE CONTRACTOR IN ANY YEAR OF
 SUCH PROPOSED CONTRACT FAILS TO REFLECT THE SAVINGS  REALIZED  FROM  THE

 A. 3006--B                         46

 SALES  TAX  EXEMPTION  ON SCHOOL BUSES, PARTS, EQUIPMENT, LUBRICANTS AND
 FUEL USED FOR SCHOOL PURPOSES PURSUANT TO PARAGRAPH FORTY-FOUR OF SUBDI-
 VISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.  The  board
 of  education  or  the trustee of a school district electing to extend a
 contract as provided herein, may, in its discretion, increase the amount
 to be paid in each year of the contract extension by an  amount  not  to
 exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
 ers (CPI-U), during the preceding twelve month  period,  OR  IN  A  CITY
 SCHOOL  DISTRICT  IN A CITY WITH A POPULATION OF ONE MILLION OR MORE FOR
 ALL CONTRACTS FOR SCHOOL BUSES USED FOR  THE  TRANSPORTATION  OF  SCHOOL
 CHILDREN, MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS,
 BY  AN  AMOUNT  NOT  TO EXCEED THE PERCENTAGE INCREASE IN THE EMPLOYMENT
 COST INDEX (ECI) TOTAL COMPENSATION FOR PRIVATE INDUSTRY WORKERS IN  THE
 NORTHEAST REGION (NOT SEASONALLY ADJUSTED) FOR THE FOURTH QUARTER OF THE
 PRECEDING  YEAR,  provided it has been satisfactorily established by the
 contractor that there has been at least an equivalent  increase  in  the
 amount  of  his  OR  HER  cost  of  operation,  during the period of the
 contract.
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD
 OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH  AT  LEAST  ONE
 MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF
 SCHOOL  CHILDREN  IN  KINDERGARTEN THROUGH GRADE TWELVE, WHETHER AWARDED
 THROUGH COMPETITIVE  BIDDING  OR  THROUGH  EVALUATION  OF  PROPOSALS  IN
 RESPONSE  TO  A  REQUEST  FOR  PROPOSALS PURSUANT TO PARAGRAPH E OF THIS
 SUBDIVISION, PROVISIONS FOR THE RETENTION OR  PREFERENCE  IN  HIRING  OF
 SCHOOL  BUS  WORKERS  AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
 AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL  BUS  WORKERS  WHO  ARE
 HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
 IN  CONNECTION  WITH  SUCH CONTRACTS. FOR PURPOSES OF THIS SUBPARAGRAPH,
 "SCHOOL BUS WORKER" SHALL MEAN  AN  OPERATOR,  MECHANIC,  DISPATCHER  OR
 ATTENDANT  WHO:  (I) WAS EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN
 OR AT ANY TIME THEREAFTER BY (A) A CONTRACTOR THAT  WAS  A  PARTY  TO  A
 CONTRACT  WITH  THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A
 CITY WITH AT LEAST ONE MILLION INHABITANTS  FOR  THE  TRANSPORTATION  OF
 SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH
 SUCH  CONTRACT,  OR (B) A SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY
 TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL  DISTRICT  LOCATED
 IN  A  CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION
 OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE,  IN  CONNECTION
 WITH SUCH CONTRACT, AND (II) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS
 A RESULT OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH
 CONTRACTOR  OR  SUCH  SUBCONTRACTOR,  OR  AS  A RESULT OF A REDUCTION IN
 SERVICE DIRECTED BY SUCH BOARD OF EDUCATION  DURING  THE  TERM  OF  SUCH
 CONTRACT.
   §  70.  Paragraph  c of subdivision 14 of section 305 of the education
 law, as amended by chapter 15 of the laws of 2005, is amended to read as
 follows:
   c. Each board of education, or the  trustees,  of  a  school  district
 which  elected  or  elects  to  extend  one or more pupil transportation
 contracts may extend a contract in an amount which is in excess  of  the
 maximum increase allowed by use of the CPI OR FOR A CITY SCHOOL DISTRICT
 IN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE ECI referenced in
 paragraph a of this subdivision. Such excess amount shall not be greater
 than the sum of the following: (i) the sum of the actual cost of  quali-
 fying criminal history and driver licensing testing fees attributable to

 A. 3006--B                         47
 
 special  requirements  for  drivers of school buses pursuant to articles
 nineteen and nineteen-A of the vehicle and traffic law plus  the  actual
 cost  of  any  diagnostic  tests and physical performance tests that are
 deemed  to  be  necessary  by an examining physician or the chief school
 officer to determine whether an applicant to drive a  school  bus  under
 the terms of the contract has the physical and mental ability to operate
 a  school  transportation  conveyance  and to satisfactorily perform the
 other responsibilities of a school bus driver pursuant to regulations of
 the commissioner; (ii) in a school district located in a  city  with  at
 least  one  million inhabitants, the actual cost of clean air technology
 filters and Global Positioning  System  (GPS)  technology;  (iii)  in  a
 school district located in a city with at least one million inhabitants,
 with  respects  only to any extension beginning in fiscal year two thou-
 sand five--two thousand six, the sum of the  actual  cost  of  providing
 school  bus  attendants  including  the  actual cost of criminal history
 record checks for school  bus  attendant  applicants  and  training  and
 instruction for school bus attendants pursuant to section twelve hundred
 twenty-nine-d  of the vehicle and traffic law plus up to five percent of
 such cost for necessary administrative services;  and  (iv)  the  actual
 cost  of equipment or vehicle modification, or training required, by any
 state or local legislation or regulation promulgated or effective on  or
 after June first, two thousand five. Such costs shall be approved by the
 commissioner  upon  documentation  provided  by  the school district and
 contractor as required by the commissioner.
   § 71. Subdivision (a) of section 1115 of the tax  law  is  amended  by
 adding a new paragraph 44 to read as follows:
   (44)  SCHOOL  BUSES  AS  SUCH  TERM  IS DEFINED IN SECTION ONE HUNDRED
 FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, AND PARTS,  EQUIPMENT,  LUBRI-
 CANTS AND FUEL PURCHASED AND USED IN THEIR OPERATION.
   § 72. The education law is amended by adding a new section 3602-eee to
 read as follows:
   §  3602-EEE.  ADDITIONAL EXPANDED PREKINDERGARTEN. 1. BEGINNING IN THE
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR FIFTY  MILLION
 DOLLARS  ($50,000,000) SHALL BE MADE AVAILABLE FOR ADDITIONAL GRANTS FOR
 AN  EXPANDED  PREKINDERGARTEN  PROGRAM  FOR  THREE-  AND  FOUR-YEAR  OLD
 STUDENTS;  PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON A METHOD-
 OLOGY DEVELOPED BY THE COMMISSIONER TO SCHOOL DISTRICTS TO ESTABLISH NEW
 FULL-DAY AND HALF-DAY PREKINDERGARTEN PLACEMENTS FOR THREE-YEAR-OLDS AND
 FOUR-YEAR-OLDS. SUCH GRANTS SHALL BE AWARDED BASED ON FACTORS INCLUDING,
 BUT NOT LIMITED TO, THE FOLLOWING: (I) MEASURES OF SCHOOL DISTRICT NEED,
 (II) MEASURES OF THE NEED OF STUDENTS TO BE SERVED BY EACH OF THE SCHOOL
 DISTRICTS, (III) THE SCHOOL DISTRICT'S PROPOSAL TO TARGET  THE  HIGHEST-
 NEED  SCHOOLS  AND STUDENTS, AND (IV) THE EXTENT TO WHICH THE DISTRICT'S
 PROPOSAL WOULD PRIORITIZE FUNDS TO MAXIMIZE THE TOTAL NUMBER OF ELIGIBLE
 CHILDREN IN THE DISTRICT SERVED IN PREKINDERGARTEN PROGRAMS.
   2. GRANTS APPROPRIATED HEREIN  SHALL  ONLY  BE  AVAILABLE  TO  SUPPORT
 PROGRAMS  (I) THAT AGREE TO OFFER INSTRUCTION CONSISTENT WITH APPLICABLE
 NEW YORK STATE PREKINDERGARTEN EARLY LEARNING STANDARDS; AND  (II)  THAT
 OTHERWISE  COMPLY  WITH  ALL  OF  THE  SAME  RULES  AND  REQUIREMENTS AS
 UNIVERSAL PREKINDERGARTEN PROGRAMS PURSUANT TO  SECTION  THREE  THOUSAND
 SIX HUNDRED TWO-E OF THIS ARTICLE.
   3.  NOTWITHSTANDING  PARAGRAPH  C  OF SUBDIVISION ONE OF SECTION THREE
 THOUSAND SIX HUNDRED TWO-E OF THIS ARTICLE, FOR  THE  PURPOSES  OF  THIS
 APPROPRIATION,  AN ELIGIBLE CHILD SHALL BE A RESIDENT CHILD WHO IS THREE
 YEARS OF AGE ON OR BEFORE DECEMBER FIRST OF THE YEAR IN WHICH HE OR  SHE
 IS  ENROLLED.  AS A CONDITION OF ELIGIBILITY FOR RECEIPT OF SUCH FUNDING

 A. 3006--B                         48
 
 FOR THREE-YEAR-OLDS, A SCHOOL DISTRICT MUST CURRENTLY OFFER A PREKINDER-
 GARTEN PROGRAM FOR FOUR-YEAR-OLD CHILDREN, OR CHILDREN WHO WOULD  OTHER-
 WISE  BE  ELIGIBLE UNDER PARAGRAPH C OF SUBDIVISION ONE OF SECTION THREE
 THOUSAND  SIX  HUNDRED TWO-E OF THIS ARTICLE. A SCHOOL DISTRICT MAY ONLY
 BE GRANTED AS MANY FULL-DAY OR HALF-DAY  PLACEMENTS  FOR  THREE-YEAR-OLD
 CHILDREN  AS IT CURRENTLY OFFERS FOR FOUR-YEAR-OLD CHILDREN, OR CHILDREN
 WHO WOULD OTHERWISE BE ELIGIBLE UNDER PARAGRAPH C OF SUBDIVISION ONE  OF
 SECTION THREE THOUSAND SIX HUNDRED TWO-E OF THIS ARTICLE.
   4.  A  SCHOOL  DISTRICT'S GRANT SHALL EQUAL THE PRODUCT OF (A) (I) TWO
 MULTIPLIED BY THE APPROVED NUMBER OF NEW FULL-DAY PREKINDERGARTEN PLACE-
 MENTS PLUS (II) THE APPROVED  NUMBER  OF  NEW  HALF-DAY  PREKINDERGARTEN
 PLACEMENTS,  AND  (B)  THE  DISTRICT'S  SELECTED AID PER PREKINDERGARTEN
 PUPIL PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH B OF SUBDIVISION TEN  OF
 SECTION  THREE  THOUSAND  SIX  HUNDRED  TWO-E OF THIS ARTICLE; PROVIDED,
 HOWEVER, THAT NO DISTRICT SHALL RECEIVE A GRANT IN EXCESS OF  THE  TOTAL
 ACTUAL GRANT EXPENDITURES INCURRED BY THE DISTRICT IN THE CURRENT SCHOOL
 YEAR AS APPROVED BY THE COMMISSIONER.
   §  73. No later than September 1, 2017, the chancellor of the New York
 city department of education shall complete a  study  on  the  admission
 processes of the specialized senior high schools established pursuant to
 section  2590-h  of  the  education  law, including those which the city
 board may have designated. Such study shall seek to identify barriers to
 admission by underrepresented students and identify ways  to  make  such
 schools'  student  populations  more similarly reflect the student popu-
 lation of the district as a whole while maintaining  a  competitive  and
 rigorous  admission  process. A copy of such report shall be provided to
 the governor, the temporary president of the senate, and the speaker  of
 the assembly.
   §  74.  Notwithstanding  any provision of the law to the contrary, for
 the Newburgh city school district, having a  penalty  arising  from  the
 late  filing  of  a  final  cost report for project number 0001-011, the
 commissioner of education shall recover such penalty in five equal annu-
 al installments beginning in June of 2018. 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.
   § 75. Notwithstanding any provision of law to the  contrary,  for  the
 North  Syracuse  central  school district, having a penalty arising from
 the late filing of a final cost report  for  project  numbers  5037-010,
 0003-007, 0011-012, 7999-001, 0016-019 and 0009-014, the commissioner of
 education  shall  recover such penalty in five equal annual installments
 beginning in June of 2018. 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.
   § 76. No later than June 30, 2018, the commissioner of education shall
 prepare and submit to the  governor,  the  temporary  president  of  the
 senate  and  the  speaker of the assembly a report on student discipline
 and best practices for establishing a safe,  respectful  and  supportive
 learning  environment.  Such report shall study and make recommendations
 on programs, practices and policies that may be implemented  by  schools
 to  establish a school climate that promotes positive student behaviors,
 holds students accountable and keeps students in school and class.  Such
 report shall consider the use of restorative practices including but not
 limited  to  conflict  resolution,  mediation,  and  peer  counseling in

 A. 3006--B                         49
 
 addressing student misconduct.  Such  commissioner  shall  consult  with
 stakeholders and other interested parties when preparing such report.
   § 77. 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.
   § 78. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2017, provided,
 however, that:
   1.  sections  one,  nineteen,  twenty-two,  twenty-three, twenty-four,
 twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine,  thir-
 ty,  thirty-three,  thirty-four,  thirty-five,  forty-four, forty-eight,
 forty-nine, fifty-one, fifty-five, fifty-six, fifty-eight and fifty-nine
 of this act shall take effect July 1, 2017;
   2. the amendments to paragraph b-1 of subdivision 4 of section 3602 of
 the education law made by section  twenty-one  of  this  act  shall  not
 affect the expiration of such paragraph pursuant to section 13 of part A
 of  chapter  97 of the laws of 2011, as amended, and shall expire there-
 with;
   3. 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 forty-four and
 forty-five of this act, shall not affect the repeal of such chapter  and
 shall be deemed repealed therewith;
   4.  the  amendments  to  chapter  89  of the laws of 2016, relating to
 supplementary funding for dedicated programs for public school  students
 in  the East Ramapo central school district, made by section forty-eight
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith;
   5.  the  amendments  to subdivision 33 of section 305 of the education
 law, made by section seven of this act, shall not affect the  repeal  of
 such subdivision and shall be deemed repealed therewith;
   6.  the  amendments  to subdivision 7 of section 2802 of the education
 law, made by section eight of this act, shall not affect the  repeal  of
 such subdivision and shall be deemed repealed therewith;
   7.  the  amendments  to subdivision 7 of section 3214 of the education
 law, made by section nine of this act, shall not affect  the  repeal  of
 such subdivision and shall be deemed repealed therewith; and
   8.  the  amendments to paragraph c of subdivision 14 of section 305 of
 the education law, made by section  seventy  of  this  act,  shall  take
 effect on the first day of a quarterly sales tax period, as set forth in
 subdivision (b) of section 1136 of the tax law, next succeeding April 1,
 2017.
 
                                 PART A-1
 
   Section  1.  Subdivision  1  of  section 2851 of the education law, as
 amended by chapter 101 of the laws  of  2010,  is  amended  to  read  as
 follows:

 A. 3006--B                         50
 
   1.  An  application  to establish a charter school may be submitted by
 teachers, parents, school administrators,  community  residents  or  any
 combination  thereof.  Such application may be filed in conjunction with
 a college, university, museum, educational  institution,  not-for-profit
 corporation  exempt from taxation under paragraph 3 of subsection (c) of
 section 501 of the internal  revenue  code  or  for-profit  business  or
 corporate  entity  authorized to do business in New York state. Provided
 however, for-profit business or corporate entities shall not be eligible
 to submit an application to  establish  a  charter  school  pursuant  to
 subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
 article, or operate or manage a charter  school  for  a  charter  issued
 pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
 of  this  article. For charter schools established in conjunction with a
 for-profit OR NOT-FOR-PROFIT business or corporate entity,  the  charter
 shall specify the extent of the entity's participation in the management
 and operation of the school.
   §  2.  Paragraph (h) of subdivision 2 of section 2851 of the education
 law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
 follows:
   (h)  The  rules  and procedures by which students may be disciplined[,
 including but not limited to expulsion or suspension  from  the  school,
 which  shall be consistent with the requirements of due process and with
 federal laws and regulations governing the placement  of  students  with
 disabilities] SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS
 TWO-A,  THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS
 CHAPTER. THE CHARTERS OF ALL CHARTER SCHOOLS  THAT  WERE  ISSUED  ON  OR
 BEFORE  JULY  FIRST,  TWO  THOUSAND SEVENTEEN SHALL BE DEEMED AMENDED TO
 REQUIRE COMPLIANCE WITH THE PROCEDURES SET FORTH IN SUBDIVISIONS  TWO-A,
 THREE  AND  THREE-A  OF  SECTION  THIRTY-TWO  HUNDRED  FOURTEEN  OF THIS
 CHAPTER.
   § 3. Paragraph (e) of subdivision 4 of section 2851 of  the  education
 law,  as added by chapter 101 of the laws of 2010, is amended to read as
 follows:
   (e) The means by which the charter school  will  meet  or  exceed  THE
 enrollment  [and retention targets as prescribed by the board of regents
 or the board of trustees of the state university of New York, as  appli-
 cable,  of  students  with  disabilities, English language learners, and
 students who are eligible applicants for  the  free  and  reduced  price
 lunch  program  which shall be considered by the charter entity prior to
 approving such charter school's application for renewal. When developing
 such targets, the board of regents and the  board  of  trustees  of  the
 state  university  of  New  York  shall  ensure (1) that such enrollment
 targets are comparable to the enrollment figures of such  categories  of
 students  attending the public schools within the school district, or in
 a city school district in a city having a population of one  million  or
 more  inhabitants,  the  community school district, in which the charter
 school is located; and (2) that such retention targets are comparable to
 the rate of retention of  such  categories  of  students  attending  the
 public  schools within the school district, or in a city school district
 in a city having a population of one million or  more  inhabitants,  the
 community school district, in which the proposed charter school would be
 located]  REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVI-
 SION TWO OF SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS  ARTI-
 CLE.

 A. 3006--B                         51
 
   § 4. Subdivision 2 of section 2852 of the education law, as amended by
 section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
 read as follows:
   2.  An  application  for a charter school shall not be approved unless
 the charter entity finds IN WRITING that:
   (a) the charter school described in the application meets the require-
 ments set out in this article and all other applicable laws,  rules  and
 regulations;
   (b) the applicant can demonstrate the ability to operate the school in
 an educationally and fiscally sound manner;
   (c) granting the application is likely to improve student learning and
 achievement  and  materially further the purposes set out in subdivision
 two of section twenty-eight hundred fifty of this article; and
   (d) in a school  district  where  the  total  enrollment  of  resident
 students attending charter schools in the base year is greater than five
 percent  of the total public school enrollment of the school district in
 the base year (i) granting the  application  would  have  a  significant
 educational  benefit  to  the  students  expected to attend the proposed
 charter school [or] AND (ii) the school district in  which  the  charter
 school will be located consents to such application.
   In  reviewing  applications,  the charter entity is encouraged to give
 preference to applications that demonstrate the  capability  to  provide
 comprehensive  learning experiences to students identified by the appli-
 cants as at risk of academic failure.   UPON MAKING A  DETERMINATION  OF
 WHETHER AN APPLICATION FOR A CHARTER SCHOOL SHALL BE APPROVED, THE CHAR-
 TER  ENTITY  SHALL  PROVIDE DETAILED WRITTEN FINDINGS RELATED TO EACH OF
 THE REQUIREMENTS IN THIS SUBDIVISION, WHICH SHALL BE MADE  AVAILABLE  TO
 THE  CHARTER  SCHOOL APPLICANT, BOARD OF REGENTS AND THE SCHOOL DISTRICT
 IN WHICH THE PROPOSED CHARTER SCHOOL WOULD BE LOCATED.
   § 5. Subdivision 5 of section 2852 of the education law, as amended by
 chapter 101 of the laws of 2010, is amended to read as follows:
   5. (A) Upon approval of an application by a charter entity, the appli-
 cant and charter entity shall enter into a proposed  agreement  allowing
 the  applicants  to  organize and operate a charter school. Such written
 agreement, known as the charter, shall include [(a)] (I) the information
 required by subdivision two of section twenty-eight hundred fifty-one of
 this article, as modified or supplemented during the  approval  process,
 [(b)]  (II) in the case of charters to be issued pursuant to subdivision
 nine-a of this section, information required by such subdivision,  [(c)]
 (III)  A  PROVISION  PROHIBITING  THE CHARTER SCHOOL FROM ENTERING INTO,
 RENEWING OR EXTENDING ANY AGREEMENT WITH A FOR-PROFIT OR  NOT-FOR-PROFIT
 CORPORATE OR OTHER BUSINESS ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR
 OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT REQUIRES SUCH ENTI-
 TY  TO  PROVIDE  STATE  AND LOCAL OFFICERS HAVING THE POWER TO AUDIT THE
 CHARTER SCHOOL PURSUANT TO THIS ARTICLE  WITH  ACCESS  TO  THE  ENTITY'S
 RECORDS  RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH SERVICES
 TO THE SCHOOL, (IV) any other terms or conditions required by applicable
 laws, rules and regulations, and [(d)] any other  terms  or  conditions,
 not  inconsistent with law, agreed upon by the applicant and the charter
 entity. In addition, the charter shall include the specific  commitments
 of  the charter entity relating to its obligations to oversee and super-
 vise the charter school. Within five days after entering into a proposed
 charter, the charter entity other than the board of regents shall submit
 to the board of regents a copy  of  the  charter,  the  application  and
 supporting documentation for final approval and issuance by the board of

 A. 3006--B                         52
 
 regents  in  accordance  with  subdivisions  five-a  and  five-b of this
 section.
   (B) NO CHARTER SCHOOL HAVING A CHARTER THAT WAS ISSUED AND APPROVED ON
 OR  BEFORE  THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL ENTER INTO, RENEW
 OR EXTEND THE DURATION OF ANY AGREEMENT WITH A  FOR-PROFIT  OR  NOT-FOR-
 PROFIT  CORPORATE  OR  OTHER  BUSINESS  ENTITY  FOR  THE ADMINISTRATION,
 MANAGEMENT OR OPERATION OF  THE  CHARTER  SCHOOL  UNLESS  THE  AGREEMENT
 REQUIRES  SUCH  ENTITY  TO  PROVIDE  STATE AND LOCAL OFFICERS HAVING THE
 POWER TO AUDIT THE CHARTER SCHOOL PURSUANT TO THIS ARTICLE  WITH  ACCESS
 TO  THE ENTITY'S RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVID-
 ING SUCH SERVICES TO THE SCHOOL. ANY AGREEMENT ENTERED INTO, RENEWED  OR
 EXTENDED  IN  VIOLATION  OF  THIS SECTION SHALL BE NULL, VOID AND WHOLLY
 UNENFORCEABLE, AND A VIOLATION OF THIS  SECTION  SHALL  BE  GROUNDS  FOR
 REVOCATION  OR TERMINATION OF A CHARTER PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED FIFTY-FIVE OF THIS ARTICLE.
   § 6. Subparagraph (i) of paragraph (b) of subdivision 9-a  of  section
 2852  of the education law, as amended by section 2 of subpart A of part
 B of chapter 20 of the laws of 2015, is amended to read as follows:
   (i) that the proposed charter school would meet or exceed THE  enroll-
 ment  [and  retention  targets, as prescribed by the board of regents or
 the board of trustees of the state university of New York,  as  applica-
 ble,  of  students  with  disabilities,  English  language learners, and
 students who are eligible applicants for  the  free  and  reduced  price
 lunch  program.  When  developing such targets, the board of regents and
 the board of trustees of the state university of New York, shall  ensure
 (1)  that  such  enrollment  targets  are  comparable  to the enrollment
 figures of such categories of  students  attending  the  public  schools
 within  the  school  district,  or  in  a city school district in a city
 having a population of one million or more  inhabitants,  the  community
 school  district, in which the proposed charter school would be located;
 and (2) that such retention  targets  are  comparable  to  the  rate  of
 retention  of  such  categories of students attending the public schools
 within the school district, or in a  city  school  district  in  a  city
 having  a  population  of one million or more inhabitants, the community
 school district, in which the proposed charter school would be  located]
 REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE; and
   §  7.  Section  2853  of  the education law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. IN ANY CASE WHERE A CHARTER SCHOOL ENTERS INTO, RENEWS OR EXTENDS
 ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT BUSINESS OR  CORPORATE
 ENTITY  FOR  THE  ADMINISTRATION,  MANAGEMENT  OR OPERATION OF A CHARTER
 SCHOOL, THE CHARTER SCHOOL IS REQUIRED TO HAVE A  FORMAL  CONTRACT  WITH
 SUCH  ENTITY.  ANY  SUCH  CONTRACT SHALL BE REVIEWED AND APPROVED BY THE
 CHARTER ENTITY.
   § 8. Paragraph (a) of subdivision 3 of section 2853 of  the  education
 law,  as  amended by chapter 101 of the laws of 2010, is amended to read
 as follows:
   (a) A charter school may be located in  part  of  an  existing  public
 school  building,  in space provided on a private work site, in a public
 building or in any other suitable location. Provided, however, before  a
 charter  school  may  be  located  in  part of an existing public school
 building, the charter entity shall provide  notice  to  the  parents  or
 guardians  of the students then enrolled in the existing school building
 and shall hold a public hearing for purposes of discussing the  location
 of  the  charter  school.  ALL  CONTRACTS  ENTERED  INTO BY SUCH CHARTER

 A. 3006--B                         53

 SCHOOL, OR ANY EDUCATION CORPORATION  ORGANIZED  TO  OPERATE  A  CHARTER
 SCHOOL,  OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC BENE-
 FIT CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING  ON
 BEHALF  OF  ANY  OF  THESE  ENTITIES, INVOLVING THE CONSTRUCTION, RECON-
 STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION,  REPAIR,  RENOVATION,
 OR  ALTERATION  OF  ANY  CHARTER SCHOOL FACILITY SHALL BE SUBJECT TO THE
 REQUIREMENTS OF SECTION ONE HUNDRED THREE OF THE GENERAL  MUNICIPAL  LAW
 AND  ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may own,
 lease or rent its space.
   § 9. The opening paragraph and subparagraph  1  of  paragraph  (e)  of
 subdivision  3 of section 2853 of the education law, as added by section
 5 of part BB of chapter 56 of the laws of 2014, are amended to  read  as
 follows:
   [In]  EXCEPT  AS  PROVIDED  IN SUBPARAGRAPH SEVEN OF THIS PARAGRAPH, a
 city school district in a city having a population  of  one  million  or
 more  inhabitants,  charter  schools  that first commence instruction or
 that require additional space due to an expansion of grade level, pursu-
 ant to this article, approved by their charter entity for the two  thou-
 sand  fourteen--two  thousand  fifteen  school  year  or  thereafter and
 request co-location in a public school building AND DEMONSTRATES TO  THE
 CITY SCHOOL DISTRICT THAT THE CHARTER SCHOOL DOES NOT HAVE THE FINANCIAL
 CAPACITY  TO  PROCURE  ADEQUATE  FACILITIES  shall be provided access to
 facilities pursuant to this paragraph  for  such  charter  schools  that
 first  commence  instruction  or that require additional space due to an
 expansion of grade level, pursuant to this article,  approved  by  their
 charter entity for those grades newly provided.
   (1) Notwithstanding any other provision of law to the contrary, within
 the  later  of  (i) five months after a charter school's written request
 for co-location and (ii) PROVIDED THAT  A  CHARTER  SCHOOL  DEMONSTRATES
 THAT  IT  LACKS  THE  FINANCIAL CAPACITY TO PROCURE ADEQUATE FACILITIES,
 thirty days after the charter school's charter is approved by its  char-
 ter  entity, the city school district shall either: (A) offer at no cost
 to the charter school a co-location site in  a  public  school  building
 approved  by the board of education as provided by law, or (B) offer the
 charter school space in a privately owned or other publicly owned facil-
 ity at the expense of the city school district and at  no  cost  to  the
 charter school FOR THREE YEARS.  The space must be reasonable, appropri-
 ate  and comparable and in the community school district to be served by
 the charter school and otherwise in reasonable proximity.
   § 10. Paragraph (e) of subdivision 3 of section 2853 of the  education
 law is amended by adding a new subparagraph 7 to read as follows:
   (7)(A) NO CHARTER SCHOOL THAT, EITHER ALONE OR IN COMBINATION WITH ANY
 CHARTER  AFFILIATE,  HAS  ANY  DIRECT OR INDIRECT INTEREST IN, OR MAY BE
 ENTITLED TO RECEIVE ANY BENEFICIAL INTEREST FROM, ANY ASSET OR ASSETS OF
 ANY KIND OR NATURE THAT ALONE OR COMBINED HAVE  A  VALUE  EXCEEDING  ONE
 MILLION  DOLLARS, SHALL BE OFFERED OR ENTITLED TO RECEIVE:  (I) A CO-LO-
 CATION SITE IN A PUBLIC SCHOOL BUILDING AT NO COST; OR (II) A SPACE IN A
 PRIVATELY OR PUBLICLY OWNED FACILITY AT THE EXPENSE OF THE  CITY  SCHOOL
 DISTRICT.
   (B)  NOTHING IN THIS SUBPARAGRAPH SHALL PROHIBIT A CHARTER SCHOOL FROM
 RECEIVING A CO-LOCATION IN A PUBLIC BUILDING AT FAIR MARKET VALUE UNLESS
 DOING SO WOULD NEGATIVELY IMPACT THE SIZE OF CLASSES IN ANY OTHER SCHOOL
 IN THE BUILDING.
   (C) AS USED IN THIS SUBPARAGRAPH THE TERM "CHARTER  AFFILIATE"  MEANS:
 (I)  ANY ENTITY THAT IS DIRECTLY OR INDIRECTLY CONTROLLED BY, IN CONTROL
 OF, OR UNDER COMMON CONTROL WITH, THE CHARTER SCHOOL OR (II) ANY  ENTITY

 A. 3006--B                         54

 THAT  PROVIDES  MANAGEMENT,  FUNDRAISING OR OTHER ADMINISTRATIVE SUPPORT
 SERVICES TO THE CHARTER SCHOOL.
   §  11. Paragraph (c) of subdivision 4 of section 2853 of the education
 law, as amended by section 1 of part BB of chapter 56  of  the  laws  of
 2014, is amended to read as follows:
   (c)  A charter school may contract with the governing body of a public
 college or university for the use of a school building and grounds,  the
 operation  and maintenance thereof. Any such contract shall provide such
 services or facilities at [cost] FAIR MARKET VALUE.  [A school  district
 shall  permit  any  charter school granted approval to co-locate, to use
 such services and facilities without cost.]
   § 12. Section 2853 of the education law is amended  by  adding  a  new
 subdivision 5 to read as follows:
   5. DISCLOSURE. (A) A CHARTER SCHOOL SHALL REPORT:
   (I)  BY THE FIFTEENTH DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE NAME,
 ADDRESS AND TOTAL COMPENSATION PAID TO EACH PERSON SERVING AS A  CHARTER
 EXECUTIVE IN THE PREVIOUS CALENDAR YEAR; AND
   (II)  WITHIN THIRTY DAYS OF RECEIPT, THE NAME AND ADDRESS OF ANY INDI-
 VIDUAL, CORPORATION, ASSOCIATION, OR ENTITY  PROVIDING  A  CONTRIBUTION,
 GIFT,  LOAN,  ADVANCE  OR DEPOSIT OF ONE THOUSAND DOLLARS OR MORE TO THE
 CHARTER SCHOOL OR CHARTER AFFILIATE AND THE AMOUNT OF EACH SUCH CONTRIB-
 UTION, GIFT, LOAN, ADVANCE OR DEPOSIT.
   (B) IF A CHARTER SCHOOL EITHER ALONE  OR  TOGETHER  WITH  ANY  CHARTER
 AFFILIATE  HAS ANY DIRECT OR INDIRECT INTEREST IN, OR MAY BE ENTITLED TO
 RECEIVE ANY BENEFICIAL INTEREST IN, ANY ASSET OR ASSETS OF ANY  KIND  OR
 NATURE,  ALONE  OR  TOGETHER,  WITH  A  VALUE  IN  EXCESS OF ONE MILLION
 DOLLARS, THE CHARTER SCHOOL SHALL:
   (I) ENSURE THAT THE FINANCIAL STATEMENTS OF  THE  CHARTER  SCHOOL  AND
 EACH CHARTER AFFILIATE CONFORM TO AND ARE REPORTED ACCORDING TO GENERAL-
 LY ACCEPTED ACCOUNTING PRINCIPLES; AND
   (II)  ENSURE  THAT  THE FINANCIAL STATEMENTS OF THE CHARTER SCHOOL AND
 ANY CHARTER AFFILIATE ARE AUDITED IN ACCORDANCE WITH GENERALLY  ACCEPTED
 AUDITING  STANDARDS  BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT OR AN
 INDEPENDENT PUBLIC ACCOUNTANT, THAT SUCH AUDIT RECEIVES AN "UNQUALIFIED"
 OPINION AS TO, AMONG OTHER THINGS, COMPLIANCE  WITH  GENERALLY  ACCEPTED
 ACCOUNTING  PRINCIPLES  AND  THAT  SUCH  AUDIT  IS COMPLETED WITHIN NINE
 MONTHS OF THE CONCLUSION OF THE FISCAL YEAR.
   (C) IF A CHARTER SCHOOL EITHER ALONE  OR  TOGETHER  WITH  ANY  CHARTER
 AFFILIATE  HAS ANY DIRECT OR INDIRECT INTEREST IN, OR MAY BE ENTITLED TO
 RECEIVE ANY BENEFICIAL INTEREST IN, ANY ASSET OR ASSETS OF ANY  KIND  OR
 NATURE,  ALONE  OR  TOGETHER,  WITH  A  VALUE  IN  EXCESS OF ONE MILLION
 DOLLARS, IT SHALL ALSO REPORT BY THE FIFTEENTH DAY OF FEBRUARY  OF  EACH
 ENSUING CALENDAR YEAR THE FOLLOWING:
   (I) THE MOST RECENT AUDITED FINANCIAL STATEMENTS OF THE CHARTER SCHOOL
 AND ANY CHARTER AFFILIATE WHICH SHALL CONFORM TO AND BE REPORTED ACCORD-
 ING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES;
   (II)  THE  MOST RECENT AUDITOR'S REPORT ON THE FINANCIAL STATEMENTS OF
 THE CHARTER SCHOOL AND ANY CHARTER AFFILIATE;
   (III) THE "UNQUALIFIED" OPINION RECEIVED FROM THE AUDITOR OF THE  MOST
 RECENT  FINANCIAL  STATEMENTS AS TO, AMONG OTHER THINGS, COMPLIANCE WITH
 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; AND
   (IV) ANY COMPENSATION OR REMUNERATION, WHETHER PAID OR GIVEN,  INCLUD-
 ING  BUT NOT LIMITED TO SALARY, BONUS, AND DEFERRED COMPENSATION AND ANY
 BENEFIT HAVING MONETARY VALUE, INCLUDING BUT  NOT  LIMITED  TO,  PERQUI-
 SITES,  FRINGE  BENEFITS, EMPLOYER CONTRIBUTIONS TO DEFINED CONTRIBUTION

 A. 3006--B                         55

 RETIREMENT PLANS AND OTHER RETIREMENT OR SEVERANCE BENEFITS RECEIVED  BY
 A CHARTER EXECUTIVE FROM ANY SOURCE.
   (D)(I)  EACH  REPORT REQUIRED BY THIS SUBDIVISION SHALL BE ACCOMPANIED
 BY A STATEMENT, UNDER OATH, BY THE CHAIRPERSON OF THE SCHOOL'S BOARD  OF
 TRUSTEES  OR  OTHER  APPROPRIATE  MEMBER OF THE BOARD OF TRUSTEES, THAT,
 AFTER THE DUE INQUIRY, THE REPORTS ARE TRUE AND CORRECT TO THE  BEST  OF
 HIS  OR  HER  KNOWLEDGE  AND  HAVE  BEEN  PROVIDED TO EACH MEMBER OF THE
 SCHOOL'S BOARD OF TRUSTEES.
   (II) A CHARTER SCHOOL TO WHICH PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
 SION DO NOT APPLY SHALL, BY THE FIFTEENTH DAY OF FEBRUARY OF EACH CALEN-
 DAR YEAR, SUBMIT A STATEMENT AS PART OF ITS REPORT PURSUANT TO  SUBPARA-
 GRAPH  (II)  OF  PARAGRAPH  (A)  OF THIS SUBDIVISION, UNDER OATH, BY THE
 CHAIRPERSON OF THE SCHOOL'S  BOARD  OF  TRUSTEES  OR  OTHER  APPROPRIATE
 MEMBER  OF THE BOARD OF TRUSTEES, THAT, AFTER THE DUE INQUIRY, THE CHAR-
 TER SCHOOL EITHER ALONE OR TOGETHER WITH ANY CHARTER AFFILIATE DOES  NOT
 HAVE  ANY  DIRECT  OR INDIRECT INTEREST IN OR MAY BE ENTITLED TO RECEIVE
 ANY BENEFICIAL INTEREST IN ANY ASSET OR ASSETS OF ANY  KIND  OR  NATURE,
 ALONE OR TOGETHER, WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS.
   (E)  ANY REPORT REQUIRED PURSUANT TO THIS SUBDIVISION SHALL BE MADE TO
 THE BOARD OF REGENTS, THE SCHOOL'S CHARTER ENTITY, AND  THE  COMPTROLLER
 OF THE CITY OF NEW YORK FOR CHARTER SCHOOLS LOCATED IN NEW YORK CITY AND
 THE  COMPTROLLER  OF  THE  STATE OF NEW YORK FOR CHARTER SCHOOLS LOCATED
 OUTSIDE OF THE CITY OF NEW YORK. THE COMMISSIONER SHALL ENSURE THAT SUCH
 REPORT IS MADE PUBLICLY AVAILABLE VIA THE DEPARTMENT'S OFFICIAL INTERNET
 WEBSITE WITHIN FIVE DAYS OF ITS RECEIPT.
   (F) A CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS  OF  THIS
 SUBDIVISION  SHALL  BE  A VERY SIGNIFICANT FACTOR IN DETERMINING WHETHER
 THE CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHAR-
 TER.
   (G) AS USED IN THIS SUBDIVISION:
   (I) "TOTAL COMPENSATION" SHALL INCLUDE: (A) ANY COMPENSATION OR REMUN-
 ERATION, WHETHER PAID OR GIVEN, BY OR ON BEHALF OF THE CHARTER SCHOOL OR
 ANY CHARTER AFFILIATE, FOR SERVICES RENDERED TO, ON BEHALF OF, OR AT THE
 REQUEST OF THE CHARTER SCHOOL, INCLUDING  BUT  NOT  LIMITED  TO  SALARY,
 BONUS,  AND  DEFERRED  COMPENSATION  AND (B) ANY BENEFIT HAVING MONETARY
 VALUE PROVIDED BY OR ON BEHALF OF THE  CHARTER  SCHOOL  OR  ANY  CHARTER
 AFFILIATE,  INCLUDING  BUT NOT LIMITED TO, PERQUISITES, FRINGE BENEFITS,
 EMPLOYER CONTRIBUTIONS TO  DEFINED  CONTRIBUTION  RETIREMENT  PLANS  AND
 OTHER RETIREMENT OR SEVERANCE BENEFITS.
   (II)  "CHARTER  AFFILIATE"  MEANS: (A) ANY ENTITY THAT IS, DIRECTLY OR
 INDIRECTLY, CONTROLLED BY, IN CONTROL OF, OR UNDER COMMON  CONTROL  WITH
 THE  CHARTER SCHOOL OR (B) ANY ENTITY OR AFFILIATE THEREOF THAT PROVIDES
 MANAGEMENT, FUNDRAISING, OR OTHER ADMINISTRATIVE SUPPORT SERVICES TO THE
 CHARTER SCHOOL.
   (III) "CHARTER EXECUTIVE" MEANS: (A) AN  OFFICER,  DIRECTOR,  TRUSTEE,
 CONSULTANT,  SUPERVISORY  EMPLOYEE OF A CHARTER SCHOOL OR CHARTER AFFIL-
 IATE OR (B) ANYONE WHO EXERTS OPERATIONAL  OR  MANAGERIAL  INFLUENCE  OR
 CONTROL  OVER  THE  SCHOOL  INCLUDING,  BUT NOT LIMITED TO, INFLUENCE OR
 CONTROL OVER THE SCHOOL THROUGH A CHARTER MANAGEMENT COMPANY.
   § 13. Section 2853 of the education law is amended  by  adding  a  new
 subdivision 6 to read as follows:
   6.  EXECUTIVE  COMPENSATION.  (A)  NO CHARTER SCHOOL SHALL PROVIDE ANY
 COMPENSATION TO ANY INDIVIDUAL WHO IS ALSO AN OFFICER,  DIRECTOR,  TRUS-
 TEE, CONSULTANT, OR EMPLOYEE OF A CHARTER AFFILIATE OR TO ANY INDIVIDUAL
 WHO  EXERTS  OPERATIONAL  OR  MANAGERIAL  INFLUENCE  OR CONTROL OVER THE
 SCHOOL THROUGH A CHARTER AFFILIATE.

 A. 3006--B                         56
 
   (B)(I) NO CHARTER SCHOOL OR CHARTER AFFILIATE SHALL PERMIT  THE  TOTAL
 COMPENSATION  RECEIVED  BY  A  CHARTER  EXECUTIVE TO BE GREATER THAN ONE
 HUNDRED NINETY-NINE THOUSAND DOLLARS PER ANNUM, INCLUDING NOT ONLY STATE
 FUNDS AND STATE-AUTHORIZED PAYMENTS BUT ALSO ANY OTHER SOURCES OF  FUND-
 ING,  AND GREATER THAN THE SEVENTY-FIFTH PERCENTILE OF THAT COMPENSATION
 PROVIDED TO CHARTER EXECUTIVES OF  OTHER  CHARTER  SCHOOLS  AND  CHARTER
 AFFILIATES  WITHIN THE SAME OR COMPARABLE GEOGRAPHIC AREA AS ESTABLISHED
 BY A COMPENSATION SURVEY IDENTIFIED,  PROVIDED,  OR  RECOGNIZED  BY  THE
 DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (II)  IF THE DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET
 FIND GOOD CAUSE AFTER CONSIDERING THE FACTORS SET FORTH IN  SUBPARAGRAPH
 (IV) OF THIS PARAGRAPH, A WAIVER OF THE LIMIT ON TOTAL COMPENSATION THAT
 A  CHARTER EXECUTIVE MAY RECEIVE MAY BE GRANTED, PROVIDED, HOWEVER, THAT
 IN NO EVENT SHALL THE TOTAL COMPENSATION EXCEED ONE  HUNDRED  AND  FIFTY
 PERCENT  OF  LEVEL  I OF THE FEDERAL GOVERNMENT'S RATES OF BASIC PAY FOR
 THE EXECUTIVE SCHEDULE  PROMULGATED  BY  THE  UNITED  STATES  OFFICE  OF
 PERSONNEL MANAGEMENT.
   (III)  THE  APPLICATION  FOR  A WAIVER MUST BE FILED NO LATER THAN THE
 FIFTEENTH DAY OF FEBRUARY OF THE YEAR FOR WHICH THE  WAIVER  IS  SOUGHT.
 THE APPLICATION SHALL BE TRANSMITTED IN THE MANNER AND FORM SPECIFIED BY
 THE  DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET. A WAIVER
 MAY BE ONLY FOR THE SINGLE CALENDAR YEAR IN WHICH IT IS GRANTED.
   (IV) THE FOLLOWING FACTORS, IN ADDITION TO ANY OTHER  DEEMED  RELEVANT
 BY  THE DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET, SHALL
 BE CONSIDERED IN THE DETERMINATION OF WHETHER GOOD CAUSE EXISTS TO GRANT
 A WAIVER:
   (A) THE EXTENT TO WHICH THE EXECUTIVE COMPENSATION THAT IS THE SUBJECT
 OF THE WAIVER REQUEST IS COMPARABLE TO THAT GIVEN TO COMPARABLE  CHARTER
 EXECUTIVES OF CHARTER SCHOOLS OR CHARTER AFFILIATES OF THE SAME SIZE AND
 WITHIN THE SAME OR COMPARABLE GEOGRAPHIC AREA;
   (B)  THE EXTENT TO WHICH THE CHARTER SCHOOL WOULD BE UNABLE TO PROVIDE
 EDUCATIONAL SERVICES AT THE SAME  LEVELS  OF  QUALITY  AND  AVAILABILITY
 WITHOUT A WAIVER OF THE LIMIT ON TOTAL COMPENSATION THAT A CHARTER EXEC-
 UTIVE MAY RECEIVE;
   (C)  THE NATURE, SIZE, AND COMPLEXITY OF THE CHARTER SCHOOL OR CHARTER
 AFFILIATE'S OPERATIONS;
   (D) THE CHARTER SCHOOL OR  CHARTER  AFFILIATE'S  REVIEW  AND  APPROVAL
 PROCESS  FOR  THE  TOTAL COMPENSATION THAT IS THE SUBJECT OF THE WAIVER,
 INCLUDING WHETHER SUCH PROCESS INVOLVED A REVIEW  AND  APPROVAL  BY  THE
 BOARD OF TRUSTEES OF THE SCHOOL, WHETHER SUCH REVIEW WAS CONDUCTED BY AT
 LEAST  TWO  INDEPENDENT DIRECTORS OR INDEPENDENT MEMBERS OF THE BOARD OF
 TRUSTEES, WHETHER SUCH REVIEW INCLUDED AN  ASSESSMENT  OF  COMPARABILITY
 DATA  INCLUDING  A COMPENSATION SURVEY, AND A CONTEMPORANEOUS SUBSTANTI-
 ATION OF THE DELIBERATION AND DECISION  TO  APPROVE  THE  TOTAL  COMPEN-
 SATION;
   (E) THE QUALIFICATIONS AND EXPERIENCE POSSESSED BY OR REQUIRED FOR THE
 CHARTER EXECUTIVE'S POSITION; AND
   (F)  THE  CHARTER  SCHOOL  OR  CHARTER AFFILIATE'S EFFORTS, IF ANY, TO
 SECURE A CHARTER EXECUTIVE WITH THE SAME LEVELS  OF  EXPERIENCE,  EXPER-
 TISE,  AND  SKILLS  FOR  THE  POSITION OF THE CHARTER EXECUTIVE AT LOWER
 LEVELS OF COMPENSATION.
   (V) TO BE CONSIDERED, AN APPLICATION FOR SUCH A  WAIVER  SHALL  COMPLY
 WITH THIS PARAGRAPH IN ITS ENTIRETY.
   (VI) UNLESS ADDITIONAL INFORMATION HAS BEEN REQUESTED BUT NOT RECEIVED
 FROM  THE  CHARTER  SCHOOL  OR CHARTER AFFILIATE, A DECISION ON A TIMELY

 A. 3006--B                         57
 
 SUBMITTED WAIVER APPLICATION SHALL  BE  PROVIDED  NO  LATER  THAN  SIXTY
 CALENDAR DAYS AFTER SUBMISSION OF THE APPLICATION.
   (VII)  IF  GRANTED,  A  WAIVER  TO A CHARTER EXECUTIVE SHALL REMAIN IN
 EFFECT FOR THE CALENDAR YEAR IT  IS  ISSUED  IN,  BUT  SHALL  BE  DEEMED
 REVOKED IF:
   (A)  THE  TOTAL  COMPENSATION  THAT  IS  THE  SUBJECT  OF  THE  WAIVER
 INCREASES; OR
   (B) NOTICE OF REVOCATION IS PROVIDED TO THE CHARTER EXECUTIVE  AT  THE
 DISCRETION  OF THE DEPARTMENT AS A RESULT OF ADDITIONAL RELEVANT CIRCUM-
 STANCES.
   (VIII) INFORMATION PROVIDED IN CONNECTION WITH  A  WAIVER  APPLICATION
 SHALL  BE  SUBJECT  TO  PUBLIC DISCLOSURE PURSUANT TO ARTICLE SIX OF THE
 PUBLIC OFFICERS LAW.
   (IX) WHERE A WAIVER IS GRANTED, THE DEPARTMENT SHALL MAKE IT  PUBLICLY
 AVAILABLE  VIA  THE  DEPARTMENT'S  OFFICIAL INTERNET WEBSITE WITHIN FIVE
 DAYS.
   (C) NO CHARTER SCHOOL SHALL USE FUNDS  RECEIVED  PURSUANT  TO  SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE OR ALLOW A CHARTER AFFIL-
 IATE  TO  USE  FUNDS RECEIVED FROM THE CHARTER SCHOOL TO PROVIDE A TOTAL
 COMPENSATION TO A CHARTER EXECUTIVE GREATER THAN ONE HUNDRED NINETY-NINE
 THOUSAND DOLLARS PER ANNUM.
   (D) FAILURE TO COMPLY WITH THE PROVISIONS OF  THIS  SUBDIVISION  SHALL
 RESULT  IN  THE  ASSESSMENT  OF A PENALTY AGAINST THE PAYOR IN AN AMOUNT
 EQUAL TO THE AMOUNT OF COMPENSATION PAID OR  PROVIDED  IN  VIOLATION  OF
 THIS SUBDIVISION.
   (E)  A  CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE A VERY SIGNIFICANT FACTOR  IN  DETERMINING  WHETHER
 THE CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHAR-
 TER.
   (F) AS USED IN THIS SUBDIVISION:
   (I) "TOTAL COMPENSATION" SHALL INCLUDE: (A) ANY COMPENSATION OR REMUN-
 ERATION, WHETHER PAID OR GIVEN, BY OR ON BEHALF OF THE CHARTER SCHOOL OR
 ANY CHARTER AFFILIATE, FOR SERVICES RENDERED TO, ON BEHALF OF, OR AT THE
 REQUEST  OF  THE  CHARTER  SCHOOL,  INCLUDING BUT NOT LIMITED TO SALARY,
 BONUS, AND DEFERRED COMPENSATION AND (B)  ANY  BENEFIT  HAVING  MONETARY
 VALUE  PROVIDED  BY  OR  ON  BEHALF OF THE CHARTER SCHOOL OR ANY CHARTER
 AFFILIATE, INCLUDING BUT NOT LIMITED TO, PERQUISITES,  FRINGE  BENEFITS,
 EMPLOYER  CONTRIBUTIONS  TO  DEFINED  CONTRIBUTION  RETIREMENT PLANS AND
 OTHER RETIREMENT OR SEVERANCE BENEFITS.
   (II) "CHARTER AFFILIATE" MEANS: (A) ANY ENTITY THAT  IS,  DIRECTLY  OR
 INDIRECTLY,  CONTROLLED  BY, IN CONTROL OF, OR UNDER COMMON CONTROL WITH
 THE CHARTER SCHOOL OR (B) ANY ENTITY OR AFFILIATE THEREOF THAT  PROVIDES
 MANAGEMENT, FUNDRAISING, OR OTHER ADMINISTRATIVE SUPPORT SERVICES TO THE
 CHARTER SCHOOL.
   (III)  "CHARTER  EXECUTIVE"  MEANS: (A) AN OFFICER, DIRECTOR, TRUSTEE,
 CONSULTANT, SUPERVISORY EMPLOYEE OF A CHARTER SCHOOL OR  CHARTER  AFFIL-
 IATE  OR  (B)  ANYONE  WHO EXERTS OPERATIONAL OR MANAGERIAL INFLUENCE OR
 CONTROL OVER THE SCHOOL INCLUDING, BUT IS NOT LIMITED TO,  INFLUENCE  OR
 CONTROL OVER THE SCHOOL THROUGH A CHARTER MANAGEMENT COMPANY.
   §  14.  Section  2853  of the education law is amended by adding a new
 subdivision 7 to read as follows:
   7. NOTIFICATION OF DISENROLLMENT.   WITHIN FIVE  BUSINESS  DAYS  OF  A
 STUDENT WHO WAS ENROLLED BY THE CHARTER SCHOOL CEASING TO BE ENROLLED, A
 CHARTER  SCHOOL SHALL NOTIFY THE SUPERINTENDENT OF THE DISTRICT IN WHICH
 THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE
 GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF THE  CITY  OF  NEW

 A. 3006--B                         58
 
 YORK,  THE  CHANCELLOR  OF  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW
 YORK, OF THE NAME OF SUCH STUDENT.
   § 15. Subparagraph 5 of paragraph (e) of subdivision 3 of section 2853
 of  the  education law, as amended by section 11 of part A of chapter 54
 of the laws of 2016, is amended to read as follows:
   (5) For a new charter school whose charter is granted or for an exist-
 ing charter school whose expansion of  grade  level,  pursuant  to  this
 article, is approved by their charter entity, if the appeal results in a
 determination  in  favor  of  the charter school, FOR SIX YEARS the city
 school district shall pay the charter school (A) FOR THE  INITIAL  THREE
 YEARS IN WHICH AID IS PAYABLE, an amount attributable to the grade level
 expansion  or  the  formation of the new charter school that is equal to
 the lesser of:
   [(A)] (I) the actual rental cost of  an  alternative  privately  owned
 site selected by the charter school or
   [(B)] (II) twenty percent of the product of the charter school's basic
 tuition  for  the  current  school  year  and [(i)](I) for a new charter
 school that first commences instruction on  or  after  July  first,  two
 thousand  fourteen,  the  charter  school's  current year enrollment; or
 [(ii)] (II) for a charter school which expands its grade level, pursuant
 to this article, the positive difference of the charter school's enroll-
 ment in the current school year minus the charter school's enrollment in
 the school year prior to the first year of the expansion; AND
   (B) IN THE FOURTH YEAR, THE CITY  SCHOOL  DISTRICT  SHALL  PAY  NINETY
 PERCENT  MULTIPLIED  BY  THE AMOUNT CALCULATED PURSUANT TO CLAUSE (A) OF
 THIS SUBPARAGRAPH; AND
   (C) IN THE FIFTH YEAR,  THE  CITY  SCHOOL  DISTRICT  SHALL  PAY  SIXTY
 PERCENT  MULTIPLIED  BY  THE AMOUNT CALCULATED PURSUANT TO CLAUSE (A) OF
 THIS SUBPARAGRAPH; AND
   (D) IN THE SIXTH YEAR, THE  CITY  SCHOOL  DISTRICT  SHALL  PAY  THIRTY
 PERCENT  MULTIPLIED  BY  THE AMOUNT CALCULATED PURSUANT TO CLAUSE (A) OF
 THIS SUBPARAGRAPH.
   § 16. Paragraph (b) of subdivision 1 of section 2854 of the  education
 law,  as  amended by section 10-b of part A of chapter 56 of the laws of
 2014, is amended to read as follows:
   (b) A charter school shall meet the  same  health  and  safety,  civil
 rights,  and  student assessment requirements applicable to other public
 schools, except as otherwise specifically provided in  this  article.  A
 charter  school  shall  be  exempt  from all other state and local laws,
 rules, regulations or policies  governing  public  or  private  schools,
 boards  of  education,  school  districts  and  political  subdivisions,
 including those relating to school personnel  and  students,  except  as
 specifically provided in the school's charter or in this article.  Noth-
 ing  in  this  subdivision  shall  affect the requirements of compulsory
 education of minors established by part one  of  article  sixty-five  of
 this chapter, NOR SHALL ANYTHING IN THIS SUBDIVISION AFFECT THE REQUIRE-
 MENTS  OF THE CHARTER SCHOOL TO COMPLY WITH SECTION ONE HUNDRED THREE OF
 THE GENERAL MUNICIPAL LAW AND ARTICLES EIGHT AND NINE OF THE  LABOR  LAW
 WITH  RESPECT  TO  THE  CONSTRUCTION,  RECONSTRUCTION, DEMOLITION, EXCA-
 VATION, REHABILITATION, REPAIR, RENOVATION, OR ALTERATION OF ANY CHARTER
 SCHOOL FACILITY.
   § 17. Subdivision 2 of section 2854 of the education law, as added  by
 chapter  4  of the laws of 1998, paragraph (a) as amended by chapter 101
 of the laws of 2010, and paragraph  (b)  as  amended  by  section  3  of
 subpart  A  of  part  B of chapter 20 of the laws of 2015, is amended to
 read as follows:

 A. 3006--B                         59
 
   2. Admissions; enrollment; students.  (a) A charter  school  shall  be
 nonsectarian  in its programs, admission policies, employment practices,
 and all other operations and shall not charge tuition or fees;  provided
 that  a charter school may require the payment of fees on the same basis
 and  to  the same extent as other public schools. A charter school shall
 not discriminate against any student, employee or any  other  person  on
 the  basis  of  ethnicity, national origin, gender, or disability or any
 other ground that would be unlawful if done by a  school.  Admission  of
 students  shall  not  be  limited  on the basis of intellectual ability,
 measures of achievement or aptitude, athletic ability, disability, race,
 creed, gender, national origin, religion, or ancestry; provided,  howev-
 er,  that  nothing  in  this  article  shall be construed to prevent the
 establishment of  a  single-sex  charter  school  or  a  charter  school
 designed to provide expanded learning opportunities for students at-risk
 of  academic  failure or students with disabilities and English language
 learners; and provided, further, that the charter  school  shall  demon-
 strate  good faith efforts to attract and retain [a comparable] AN EQUAL
 or greater enrollment of students with  disabilities,  English  language
 learners,  and  students  who  are  eligible applicants for the free and
 reduced price lunch program when compared to the enrollment figures  for
 such  students  in  the  school  district in which the charter school is
 located. A charter shall not be issued to any school that would be whol-
 ly or in part under the control or direction of  any  religious  denomi-
 nation,  or  in  which  any  denominational  tenet  or doctrine would be
 taught.
   (b) (I) Any child who is qualified under the laws of  this  state  for
 admission  to  a  public  school is qualified for admission to a charter
 school. Applications for admission to a charter school shall be  submit-
 ted on a uniform application form created by the department and shall be
 made  available by a charter school in languages predominately spoken in
 the community in which such charter school is located.  [The]
   (II) A CHARTER SCHOOL SHALL ENROLL AND CONTINUALLY KEEP  ENROLLED  THE
 MINIMUM  NUMBER  OF  STUDENTS  IN  EACH OF THE FOLLOWING CATEGORIES: (A)
 STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN REGULATIONS  OF
 THE  COMMISSIONER,  (B)  STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE
 ANY SPECIAL EDUCATION SERVICE, (C) STUDENTS WHO HAVE  INDIVIDUAL  EDUCA-
 TION PLANS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT
 OF  THE  SCHOOL  DAY OUTSIDE THE GENERAL EDUCATION SETTING, (D) STUDENTS
 WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE
 ELEMENTARY AND SECONDARY EDUCATION ACT, AND (E) STUDENTS WHO  RESIDE  IN
 TEMPORARY  OR  TRANSITIONAL  HOUSING.  THE  MINIMUM NUMBER OF STUDENTS A
 CHARTER SCHOOL MUST ENROLL AND CONTINUALLY KEEP ENROLLED  IN  EACH  SUCH
 CATEGORY  SHALL  BE  THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE
 STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN  ITS  CHARTER,
 IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER
 PUBLIC  SCHOOLS  IN  THE  DISTRICT  WHERE  THE CHARTER SCHOOL IS LOCATED
 ENROLLED IN THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED  WHICH  ARE
 SERVED BY THE CHARTER SCHOOL. FOR PURPOSES OF THIS SUBPARAGRAPH, FOR THE
 CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK, DISTRICT SHALL MEAN THE
 COMMUNITY SCHOOL DISTRICT  AND  SHALL  INCLUDE  ALL  NON-CHARTER  PUBLIC
 SCHOOLS,  EXCEPT  THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED
 IN THE COMMUNITY SCHOOL DISTRICT.
   (III) PRIOR TO A CHARTER SCHOOL SELECTING OR  ENROLLING  STUDENTS  FOR
 THE  NEXT SCHOOL YEAR, THE COMMISSIONER SHALL PROVIDE THE CHARTER SCHOOL
 WITH THE MINIMUM NUMBER OF STUDENTS IT MUST ENROLL AND CONTINUALLY  KEEP
 ENROLLED  IN  EACH  CATEGORY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARA-

 A. 3006--B                         60
 
 GRAPH. THE MINIMUM NUMBER OF STUDENTS EACH CHARTER  SCHOOL  MUST  ENROLL
 AND  CONTINUALLY KEEP ENROLLED IN EACH CATEGORY PURSUANT TO SUBPARAGRAPH
 (II) OF THIS PARAGRAPH SHALL BE MADE PUBLIC BY THE COMMISSIONER NO LATER
 THAN  FIVE  BUSINESS  DAYS  AFTER  IT  HAS  BEEN PROVIDED TO THE CHARTER
 SCHOOL.
   (IV) A CHARTER school shall enroll each eligible student who submits a
 timely application by the first day of April  each  year[,]  unless  the
 number of applications exceeds the capacity of the grade level or build-
 ing  OR WOULD CAUSE THE CHARTER SCHOOL TO BE BELOW THE MINIMUM NUMBER OF
 STUDENTS IT MUST ENROLL AND CONTINUALLY KEEP ENROLLED IN  EACH  CATEGORY
 PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH. In such cases, students
 shall  be  accepted from among applicants by a random selection process,
 provided[, however,] that SEPARATE RANDOM SELECTION PROCESSES  SHALL  BE
 CONDUCTED FOR STUDENTS THAT ARE NOT IN ANY CATEGORY SET FORTH IN SUBPAR-
 AGRAPH  (II)  OF  THIS  PARAGRAPH  AND FOR STUDENTS IN EACH CATEGORY SET
 FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH SUCH THAT A CHARTER  SCHOOL
 ENROLLS  AT  LEAST  THE  MINIMUM NUMBER OF STUDENTS REQUIRED PURSUANT TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (V) WHERE A CHARTER SCHOOL DOES  NOT  ENROLL  THE  MINIMUM  NUMBER  OF
 STUDENTS  IT  MUST ENROLL AND CONTINUALLY KEEP ENROLLED IN EACH CATEGORY
 SET FORTH IN SUBPARAGRAPH (II) OF THIS  PARAGRAPH,  THE  CHARTER  SCHOOL
 SHALL HOLD OPEN A SUFFICIENT NUMBER OF ENROLLMENT SPACES SUCH THAT IT IS
 POSSIBLE  FOR THE CHARTER SCHOOL, CONSISTENT WITH ITS CHARTER, TO SUBSE-
 QUENTLY ENROLL THE NUMBER OF STUDENTS REQUIRED BY SUBPARAGRAPH  (II)  OF
 THIS PARAGRAPH.
   (VI)  A  CHARTER SCHOOL MAY PROVIDE an enrollment preference [shall be
 provided] to pupils returning to the charter school in the second or any
 subsequent year of operation and pupils residing in the school  district
 in  which  the charter school is located, and siblings of pupils already
 enrolled in the charter school PROVIDED THAT THE CHARTER SCHOOL  ENROLLS
 AND  CONTINUALLY  KEEPS ENROLLED THE MINIMUM NUMBER OF STUDENTS REQUIRED
 IN EACH CATEGORY PURSUANT TO SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH  AND
 HOLDS  OPEN  THE NUMBER OF ENROLLMENT SPACES AS REQUIRED BY SUBPARAGRAPH
 (V) OF THIS PARAGRAPH.  Preference may also be provided to  children  of
 employees  of  the  charter  school  or charter management organization,
 PROVIDED THAT THE CHARTER SCHOOL ENROLLS AND CONTINUALLY KEEPS  ENROLLED
 THE  MINIMUM  NUMBER  OF  STUDENTS REQUIRED IN EACH CATEGORY PURSUANT TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH AND HOLDS OPEN THE NUMBER OF ENROLL-
 MENT SPACES AS REQUIRED  BY  SUBPARAGRAPH  (V)  OF  THIS  PARAGRAPH  AND
 provided  FURTHER that such children of employees may constitute no more
 than fifteen percent of the charter school's total enrollment.
   (VII) FOR PURPOSES OF THIS PARAGRAPH, IF A STUDENT  WITHDRAWS  FROM  A
 CHARTER  SCHOOL  AS  A  RESULT  OF A VOLUNTARY DECISION OF THE STUDENT'S
 PARENT OR GUARDIAN AND, AS A DIRECT RESULT, THE CHARTER SCHOOL NO LONGER
 HAS THE MINIMUM NUMBER OF STUDENTS IN EACH CATEGORY REQUIRED PURSUANT TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CHARTER SCHOOL SHALL  NEVERTHE-
 LESS  BE CONSIDERED TO HAVE CONTINUALLY KEPT ENROLLED THE MINIMUM NUMBER
 OF STUDENTS REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH  IF,  WITHIN
 THIRTY  DAYS OF THE STUDENT BEING WITHDRAWN, THE CHARTER SCHOOL REPLACES
 THE STUDENT THAT WAS WITHDRAWN WITH A DIFFERENT STUDENT  SUCH  THAT  THE
 CHARTER  SCHOOL  HAS  THE  MINIMUM  NUMBER  OF STUDENTS IN EACH CATEGORY
 REQUIRED PURSUANT TO  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  PROVIDED
 HOWEVER,  THAT  THIS  SUBPARAGRAPH  SHALL  NOT  APPLY (A) IF THE CHARTER
 SCHOOL WAS ALREADY IN VIOLATION OF THE REQUIREMENTS OF SUBPARAGRAPH (II)
 OF THIS PARAGRAPH AT THE TIME THE STUDENT WAS WITHDRAWN OR  (B)  IF  THE
 DECISION OF THE STUDENT'S PARENT OR GUARDIAN WAS SUBSTANTIALLY MOTIVATED

 A. 3006--B                         61
 
 BY ANY ACTION OR INACTION OF THE CHARTER SCHOOL, OR ANY OF ITS AGENTS OR
 EMPLOYEES, THAT WAS IN VIOLATION OF ANY LAW, RULE, OR REGULATION.
   (VIII)  (A)  A CHARTER SCHOOL SHALL REPORT THE NAMES OF ANY PARENTS OR
 GUARDIANS OF STUDENTS WHO ARE ON A WAITLIST FOR ENROLLMENT IN THE  CHAR-
 TER  SCHOOL  TO  THE SUPERINTENDENT OF THE DISTRICT IN WHICH THE CHARTER
 SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE  GEOGRAPHIC
 AREA  SERVED  BY  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE
 CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,  WHETHER
 EACH  SUCH STUDENT IS IN ONE OF THE CATEGORIES SET FORTH IN SUBPARAGRAPH
 (II) OF THIS PARAGRAPH AND, IF SO, WHICH ONE.
   (B) A CHARTER SCHOOL THAT, AT ANY TIME, DOES  NOT  HAVE  ENROLLED  THE
 MINIMUM NUMBER OF STUDENTS REQUIRED IN EACH CATEGORY PURSUANT TO SUBPAR-
 AGRAPH  (II)  OF  THIS  PARAGRAPH SHALL NOTIFY THE SUPERINTENDENT OF THE
 DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER  SCHOOLS
 LOCATED WITHIN THE GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF
 THE  CITY OF NEW YORK, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE
 CITY OF NEW YORK, WITHIN FIVE DAYS OF THE DATE OF THE SCHOOL BEING BELOW
 THE MINIMUM  NUMBER  OF  STUDENTS.  A  SEPARATE  NOTIFICATION  SHALL  BE
 PROVIDED EACH TIME A CHARTER SCHOOL'S ENROLLMENT FALLS BELOW THE MINIMUM
 IN ANY CATEGORY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (C)  WHERE THE SUPERINTENDENT OF THE DISTRICT OR THE CHANCELLOR OF THE
 CITY SCHOOL DISTRICT OF THE  CITY  OF  NEW  YORK  RECEIVES  NOTIFICATION
 PURSUANT TO CLAUSE (B) OF THIS SUBPARAGRAPH, HE OR SHE SHALL FIRST OFFER
 THE ENROLLMENT SPACES TO ANY PARENTS OR GUARDIANS OF STUDENTS WHO ARE IN
 A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN
 SUBPARAGRAPH  (II)  OF  THIS PARAGRAPH WHO ARE ON THE SCHOOL'S WAITLIST,
 THEN TO ANY PARENTS OR GUARDIANS OF STUDENTS WHO ARE IN  A  CATEGORY  IN
 WHICH  THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN SUBPARAGRAPH
 (II) OF THIS PARAGRAPH WHO ARE ON THE WAITLIST OF ANOTHER CHARTER SCHOOL
 IN THE DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR,  FOR  CHARTER
 SCHOOLS  LOCATED  WITHIN  THE  GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL
 DISTRICT OF THE CITY OF NEW YORK GEOGRAPHICALLY LOCATED IN THE COMMUNITY
 SCHOOL DISTRICT, AND THEN TO ANY OTHER PARENTS OR GUARDIANS OF  STUDENTS
 WHO  ARE  IN A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM
 SET FORTH IN SUBPARAGRAPH (II) OF  THIS  PARAGRAPH  WHO  RESIDE  IN  THE
 DISTRICT;  SUCH  PROCESS  OF  ENROLLMENT OFFERS SHALL CONTINUE UNTIL THE
 CHARTER SCHOOL IS NO LONGER BELOW SUCH MINIMUM IN ANY CATEGORY  OR  SUCH
 SUPERINTENDENT  OR CHANCELLOR CERTIFIES THERE ARE NO SUCH STUDENTS SEEK-
 ING ENROLLMENT.
   (D) OFFERS MADE PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE IN WRITING
 IN THE PARENT OR GUARDIAN'S PRIMARY LANGUAGE.   WHERE AN OFFER  IS  MADE
 PURSUANT  TO  THIS  SUBPARAGRAPH AND THE PARENT OR GUARDIAN ACCEPTS, THE
 CHARTER SCHOOL SHALL ENROLL THE STUDENT WITHIN FIVE CALENDAR DAYS OF THE
 OFFER BEING ACCEPTED.
   (IX) (A) FOR EACH MONTH DURING THE SCHOOL YEAR, A CHARTER SCHOOL SHALL
 REPORT THE NUMBER OF STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF  THE
 MONTH, IN EACH CATEGORY SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH
 AND  THE  NUMBER  OF  STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF THE
 MONTH, THAT ARE IN NONE OF THE CATEGORIES SET FORTH IN SUBPARAGRAPH (II)
 OF THIS PARAGRAPH.
   (B) REPORTS PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE TO  THE  BOARD
 OF  REGENTS, THE SCHOOL'S CHARTER ENTITY, THE COMPTROLLER OF THE CITY OF
 NEW YORK FOR CHARTER SCHOOLS LOCATED IN NEW  YORK  CITY  AND  THE  COMP-
 TROLLER  OF THE STATE OF NEW YORK FOR CHARTER SCHOOLS LOCATED OUTSIDE OF
 THE CITY OF NEW YORK, AND THE SUPERINTENDENT OF THE  DISTRICT  IN  WHICH
 THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE

 A. 3006--B                         62
 
 GEOGRAPHIC  AREA  SERVED  BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
 YORK, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
 YORK.  THE  COMMISSIONER  SHALL ENSURE THAT SUCH REPORT IS MADE PUBLICLY
 AVAILABLE  VIA  SUCH  DEPARTMENT'S OFFICIAL INTERNET WEBSITE WITHIN FIVE
 DAYS OF ITS RECEIPT.
   (C) REPORTS PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE ON  THE  FIFTH
 DAY OF THE ENSUING MONTH DURING THE SCHOOL YEAR AND SHALL BE ACCOMPANIED
 BY  A STATEMENT, UNDER OATH, BY THE CHAIRPERSON OF THE SCHOOL'S BOARD OF
 TRUSTEES OR OTHER APPROPRIATE MEMBER OF THE  BOARD  OF  TRUSTEES,  THAT,
 AFTER  THE  DUE  INQUIRY, THE REPORTS ARE TRUE AND CORRECT AND HAVE BEEN
 PROVIDED TO EACH MEMBER OF THE SCHOOL'S BOARD OF TRUSTEES.
   (X) The commissioner shall establish regulations to require  that  the
 random  selection  [process]  PROCESSES conducted pursuant to this para-
 graph be performed in a transparent and equitable manner and to  require
 that the time and place of the random selection process be publicized in
 a manner consistent with the requirements of section one hundred four of
 the  public  officers  law and be open to the public. [For] EXCEPT WHERE
 ANOTHER DEFINITION IS PROVIDED, FOR the purposes of this  paragraph  and
 paragraph  (a)  of  this  subdivision,  the school district in which the
 charter school is located shall mean, for the city  school  district  of
 the city of New York, the community district in which the charter school
 is located.
   (XI)  THE COMMISSIONER MAY, BY REGULATION, REQUIRE THE BOARD OF EDUCA-
 TION OF EACH SCHOOL DISTRICT  OR  THE  CHANCELLOR  OF  THE  CITY  SCHOOL
 DISTRICT  OF THE CITY OF NEW YORK TO PROVIDE TO HIM OR HER SUCH INFORMA-
 TION AS IS NECESSARY TO CALCULATE THE MINIMUM NUMBER OF STUDENTS A CHAR-
 TER SCHOOL MUST ENROLL AND CONTINUALLY HAVE ENROLLED PURSUANT TO SUBPAR-
 AGRAPH (II) OF THIS PARAGRAPH. SUCH INFORMATION SHALL BE MADE PUBLIC  BY
 THE COMMISSIONER WITHIN FIVE BUSINESS DAYS OF RECEIPT.
   (XII)(A)  IF  A  CHARTER SCHOOL FAILS TO ENROLL THE NUMBER OF STUDENTS
 REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH THE  APPROPRIATE  SCHOOL
 DISTRICT  SHALL  WITHHOLD  FROM  THE  CHARTER SCHOOL'S FUNDING AN AMOUNT
 EQUAL TO THE ADDITIONAL PER PUPIL FUNDING THE CHARTER SCHOOL WOULD  HAVE
 RECEIVED  HAD EACH STUDENT NOT ENROLLED AS REQUIRED BY SUBPARAGRAPH (II)
 OF THIS PARAGRAPH BEEN ENROLLED.
   (B) MONEY WITHHELD BY THE SCHOOL  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SUBPARAGRAPH  SHALL  BE RETURNED TO THE COMMISSIONER FOR DISTRIBUTION TO
 EACH OF THE SCHOOL DISTRICTS, USING AN EQUITABLE FORMULA  DETERMINED  BY
 THE  COMMISSIONER, PROVIDED THE CHARTER SCHOOL OR SCHOOLS FROM WHICH THE
 MONIES ARE WITHHELD SHALL NOT BE ENTITLED TO THE  RETURN  OF  ANY  MONEY
 WITHHELD  PURSUANT  TO  THIS  SUBPARAGRAPH OR ANY ADDITIONAL MONIES AS A
 RESULT OF THE COMMISSIONER'S DISTRIBUTION  OF  FUNDS  PURSUANT  TO  THIS
 SUBPARAGRAPH.
   (XIII) (A) NO CHARTER SCHOOL SHALL FIRST COMMENCE INSTRUCTION IF IT IS
 OPERATED  BY,  MANAGED BY, AFFILIATED WITH, IN THE SAME CHAIN AS, SHARES
 THE SAME MANAGEMENT COMPANY AS, OR HAS ANY COMMON CHARTER APPLICANT  AS,
 A  SCHOOL  THAT HAS BEEN IN VIOLATION, WITHIN THE LAST TWO YEARS, OF THE
 ENROLLMENT REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (B) NO CHARTER SCHOOL SHALL EXPAND BEYOND  THE  GRADES  WITH  ENROLLED
 STUDENTS, EVEN IF SUCH EXPANSION IS AUTHORIZED BY ITS CHARTER, IF IT HAS
 BEEN IN VIOLATION, WITHIN THE LAST TWO YEARS, OF THE ENROLLMENT REQUIRE-
 MENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (C) A CHARTER SCHOOL THAT DOES NOT HAVE ENROLLED THE MINIMUM NUMBER OF
 STUDENTS AS REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE
 OFFERED  OR  ENTITLED  PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF
 SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-THREE OF  THIS  ARTICLE  (1)  A

 A. 3006--B                         63
 
 CO-LOCATION  SITE IN A PUBLIC SCHOOL BUILDING AT NO COST OR (2) SPACE IN
 A PRIVATELY OWNED OR OTHER PUBLICLY OWNED FACILITY AT THE EXPENSE OF THE
 CITY SCHOOL DISTRICT. A CHARTER SCHOOL THAT HAS ALREADY BEEN  CO-LOCATED
 IN A PUBLIC SCHOOL BUILDING OR GIVEN SPACE IN A PRIVATELY OWNED OR OTHER
 PUBLICLY  OWNED  FACILITY  PURSUANT  TO THIS PARAGRAPH AND THEN FAILS TO
 CONTINUALLY HAVE ENROLLED THE REQUIRED MINIMUM NUMBER OF STUDENTS  SHALL
 BE  REQUIRED  TO PAY THE FAIR MARKET VALUE OF SUCH SPACE FOR SUCH PERIOD
 OF TIME OF NON-COMPLIANCE.
   (XIV) THE PROVISIONS OF THIS PARAGRAPH SHALL  BE  ENFORCEABLE  BY  THE
 COMMISSIONER  OR  BY  A COURT OF COMPETENT JURISDICTION. ANY EMPLOYEE OF
 THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR THE PARENT
 OR GUARDIAN OF A STUDENT ATTENDING THE DISTRICT  IN  WHICH  THE  CHARTER
 SCHOOL  IS LOCATED SHALL HAVE STANDING TO ENFORCE THE PROVISIONS OF THIS
 PARAGRAPH.
   (XV) A CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF  THIS
 PARAGRAPH  SHALL BE A VERY SIGNIFICANT FACTOR IN DETERMINING WHETHER THE
 CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHARTER.
   (B-1) PRIOR TO SUBMISSION OF ENROLLMENT COUNTS TO  A  SCHOOL  DISTRICT
 PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF
 THIS  ARTICLE, ON OR AFTER OCTOBER FIRST OF THE TWO THOUSAND SEVENTEEN--
 TWO THOUSAND EIGHTEEN SCHOOL YEAR AND OCTOBER FIRST OF EACH SCHOOL  YEAR
 THEREAFTER,  A  CHARTER  SCHOOL  SHALL  DETERMINE  WHETHER  THAT  SCHOOL
 DISTRICT IS THE SCHOOL DISTRICT OF RESIDENCE OF EACH  STUDENT  FOR  WHOM
 ENROLLMENT  IS  CLAIMED.  SUCH  RESIDENCY DETERMINATION SHALL BE MADE IN
 ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER  AND  THE  RESIDENCY
 POLICY  OF  THE  SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED,
 PROVIDED THAT THE CHARTER SCHOOL MAY FULFILL SUCH REQUIREMENT BY REQUIR-
 ING THAT THE PARENTS OR OTHER  PERSONS  IN  PARENTAL  RELATION  REGISTER
 THEIR  CHILD  WITH  THE  SCHOOL  DISTRICT  THEY HAVE IDENTIFIED AS THEIR
 SCHOOL DISTRICT OF RESIDENCE.   NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW  TO  THE CONTRARY, THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION
 SHALL NOT BE REQUIRED  TO  ANNUALLY  PROVE  THEIR  CONTINUED  RESIDENCY,
 PROVIDED THAT THEY EITHER ANNUALLY CERTIFY TO THE CHARTER SCHOOL AND THE
 SCHOOL  DISTRICT  OF  RESIDENCE  THAT THEIR RESIDENCY HAS NOT CHANGED OR
 NOTIFY THE CHARTER SCHOOL AND THE SCHOOL DISTRICT THAT  THEIR  RESIDENCY
 HAS  CHANGED AND THAT A NEW SCHOOL DISTRICT OF RESIDENCE SHOULD BE IDEN-
 TIFIED PURSUANT TO THIS PARAGRAPH.  UPON  MAKING  A  RESIDENCY  DETERMI-
 NATION,  A  CHARTER  SCHOOL MAKING ITS OWN RESIDENCY DETERMINATION SHALL
 PROMPTLY SUBMIT ITS PROOF OF RESIDENCE TO THE SCHOOL DISTRICT IDENTIFIED
 AS THE DISTRICT OF RESIDENCE FOR PURPOSES OF ENROLLMENT OF  THE  STUDENT
 IN  SUCH  SCHOOL  DISTRICT IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE,  AND  THE  PROVISION  OF
 SERVICES  PURSUANT  TO  SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED
 FIFTY-THREE OF THIS ARTICLE. IN THE EVENT OF A DISPUTE OVER THE RESIDEN-
 CY OF A STUDENT, THE SCHOOL DISTRICT SHALL MAKE ITS OWN RESIDENCY DETER-
 MINATION PURSUANT TO THE REGULATIONS OF THE COMMISSIONER AFTER CONSIDER-
 ING THE PROOF OF RESIDENCY SUBMITTED BY THE  CHARTER  SCHOOL,  AND  SUCH
 DETERMINATION  MAY BE APPEALED TO THE COMMISSIONER BY THE CHARTER SCHOOL
 OR BY THE PARENT OR OTHER PERSON IN PARENTAL RELATION OR  BOTH  PURSUANT
 TO  SECTION  THREE  HUNDRED  TEN OF THIS CHAPTER. DURING THE PENDENCY OF
 SUCH APPEAL,  THE  STUDENT  SHALL  BE  DEEMED  ENROLLED  IN  THE  SCHOOL
 DISTRICT,  SHALL BE ENTITLED TO SERVICES PURSUANT TO SUBDIVISION FOUR OF
 SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE, AND THE SCHOOL
 DISTRICT SHALL BE LIABLE FOR CHARTER SCHOOL TUITION, PROVIDED THAT  UPON
 A  FINAL DETERMINATION IN SUCH APPEAL THAT THE STUDENT IS NOT A RESIDENT
 OF THE SCHOOL DISTRICT, THE SCHOOL DISTRICT MAY DEDUCT THE COST OF  SUCH

 A. 3006--B                         64
 
 TUITION  AND  SERVICES  FROM FUTURE PAYMENTS DUE THE CHARTER SCHOOL. THE
 PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO CHARTER SCHOOLS  LOCATED
 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (c) A charter school shall serve one or more of the grades one through
 twelve,  and  shall  limit  admission  to pupils within the grade levels
 served. Nothing herein shall prohibit a charter school from establishing
 a kindergarten program.
   (d) A student may withdraw from a  charter  school  at  any  time  and
 enroll in a public school. [A charter school may refuse admission to any
 student  who  has  been expelled or suspended from a public school until
 the period of  suspension  or  expulsion  from  the  public  school  has
 expired, consistent with the requirements of due process]
   (I)  A  STUDENT  MAY ONLY BE DISCIPLINED, SUSPENDED OR EXPELLED FROM A
 CHARTER SCHOOL IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF  SUBDIVI-
 SIONS  TWO-A,  THREE, AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN
 OF THIS CHAPTER. EVERY CHARTER SCHOOL SHALL DEVELOP A CODE OF CONDUCT IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-EIGHT  HUNDRED  ONE  OF
 THIS TITLE.
   (II)  EVERY  CHARTER  SCHOOL  SHALL  SUBMIT  A  DETAILED ANNUAL REPORT
 REGARDING DISCIPLINARY MEASURES IMPOSED ON STUDENTS. THE REPORT SHALL BE
 SUBMITTED TO THE CHARTER ENTITY AND THE BOARD OF REGENTS AS PART OF  THE
 ANNUAL  REPORT  REQUIRED  PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-
 EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. THE REPORT SHALL BE IN A FORM
 PRESCRIBED BY THE COMMISSIONER, AND SHALL INCLUDE, BUT  NOT  BE  LIMITED
 TO,  NUMBER  OF  CLASSROOM  REMOVALS,  NUMBER  OF IN-SCHOOL SUSPENSIONS,
 NUMBER OF OUT-OF-SCHOOL  SUSPENSIONS,  NUMBER  OF  EXPULSIONS,  AND  THE
 ACTION  THE  STUDENT TOOK THAT LED TO EACH DISCIPLINARY MEASURE IMPOSED.
 SUCH DATA SHALL BE DISAGGREGATED BY RACE/ETHNICITY, STATUS AS A  STUDENT
 WITH A DISABILITY AND STATUS AS AN ENGLISH LANGUAGE LEARNER.  THE REPORT
 SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
   (III) FOR THE PURPOSES OF THIS SUBDIVISION:
   (A)  THE TERM "SUPERINTENDENT," "SUPERINTENDENT OF SCHOOLS," "DISTRICT
 SUPERINTENDENT OF SCHOOLS," OR "COMMUNITY SUPERINTENDENT,"  AS  USED  IN
 SUBDIVISION  THREE  OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
 TER, AS SUCH TERMS RELATE TO CHARTER SCHOOLS SHALL MEAN THE  CHAIRPERSON
 OF THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL OR THE CHIEF SCHOOL OFFI-
 CER OF THE CHARTER SCHOOL; AND
   (B)  THE  TERM "BOARD OF EDUCATION" OR "BOARD," AS USED IN SUBDIVISION
 THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAPTER,  AS  SUCH
 TERMS  RELATE TO CHARTER SCHOOLS SHALL MEAN THE BOARD OF TRUSTEES OF THE
 CHARTER SCHOOL.
   § 18. Subdivision 1 of section 2855 of the education law,  as  amended
 by chapter 101 of the laws of 2010, is amended to read as follows:
   1.  The charter entity, or the board of regents, may terminate a char-
 ter upon any of the following grounds:
   (a) When a charter school's outcome  on  student  assessment  measures
 adopted  by  the board of regents falls below the level that would allow
 the commissioner to revoke the registration of  another  public  school,
 and  student achievement on such measures has not shown improvement over
 the preceding three school years;
   (b) [Serious violations] A VIOLATION of law;
   (c) [Material and substantial] A violation of the charter[,  including
 fiscal mismanagement];
   (d)  When  the public employment relations board makes a determination
 that the charter school [demonstrates a practice and  pattern  of  egre-
 gious  and  intentional  violations  of] HAS VIOLATED subdivision one of

 A. 3006--B                         65
 
 section two hundred nine-a of the civil service law involving  interfer-
 ence  with or discrimination against employee rights under article four-
 teen of the civil service law; or THE  NATIONAL  LABOR  RELATIONS  BOARD
 CREATED  PURSUANT TO SUBCHAPTER II OF CHAPTER SEVEN OF TITLE TWENTY-NINE
 OF THE UNITED STATES CODE, OR ANY PERSON OR ENTITY TO WHOM THE  NATIONAL
 LABOR  RELATIONS  BOARD  HAS  LAWFULLY  DELEGATED ITS AUTHORITY, MAKES A
 DETERMINATION THAT THE CHARTER SCHOOL HAS  VIOLATED  SECTION  158(A)  OF
 TITLE TWENTY-NINE OF THE UNITED STATES CODE; OR
   (e)  [Repeated failure] FAILURE to comply with the requirement to meet
 or exceed enrollment and retention targets of  students  with  disabili-
 ties,  English  language  learners, and students who are eligible appli-
 cants for the free and reduced price lunch program pursuant  to  targets
 established  by  the  board  of  regents or the board of trustees of the
 state university of New York, as applicable. Provided,  however,  if  no
 grounds  for  terminating  a  charter  are  established pursuant to this
 section other than pursuant to this paragraph, and  the  charter  school
 demonstrates  that  it  has made extensive efforts to recruit and retain
 such students,  including  outreach  to  parents  and  families  in  the
 surrounding communities, widely publicizing the lottery for such school,
 and  efforts  to  academically  support  such  students  in such charter
 school, then the charter entity or board  of  regents  may  retain  such
 charter.
   §  19. Paragraph (e) of subdivision 1 of section 2855 of the education
 law, as added by chapter 101 of the laws of 2010, is amended and  a  new
 paragraph (f) is added to read as follows:
   (e) [Repeated failure to comply with the requirement to meet or exceed
 enrollment  and retention targets of students with disabilities, English
 language learners, and students who are eligible applicants for the free
 and reduced price lunch program pursuant to targets established  by  the
 board of regents or the board of trustees of the state university of New
 York,  as applicable. Provided, however, if no grounds for terminating a
 charter are established pursuant to this section other than pursuant  to
 this  paragraph,  and  the  charter school demonstrates that it has made
 extensive  efforts  to  recruit  and  retain  such  students,  including
 outreach  to parents and families in the surrounding communities, widely
 publicizing the lottery for such school,  and  efforts  to  academically
 support such students in such charter school, then the charter entity or
 board  of  regents  may retain such charter.] FAILURE TO COMPLY WITH THE
 REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO THOUSAND
 EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE; OR
   (F) FAILURE TO COMPLY WITH THE DATA REPORTING REQUIREMENTS  PRESCRIBED
 IN SUBDIVISIONS TWO AND TWO-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEV-
 EN OF THIS ARTICLE.
   §  20. Subdivision 3 of section 2855 of the education law, as added by
 chapter 4 of the laws of 1998, is amended to read as follows:
   3. (A) In addition to  the  provisions  of  subdivision  two  of  this
 section,  the charter entity or the board of regents may place a charter
 school falling within the provisions of subdivision one of this  section
 on  probationary status to allow the implementation of a remedial action
 plan.  The failure of a charter school to  comply  with  the  terms  and
 conditions of a remedial action plan may result in summary revocation of
 the school's charter.
   (B) A CHARTER SCHOOL THAT IS PLACED ON PROBATIONARY STATUS SHALL ANNU-
 ALLY  NOTIFY  THE PARENTS OR GUARDIANS OF ALL STUDENTS AND APPLICANTS OF
 THE PLACEMENT.  THE INITIAL NOTICE SHALL BE DISTRIBUTED WITHIN TWO WEEKS
 OF BEING PLACED ON PROBATIONARY STATUS. SUCH NOTICE SHALL BE WRITTEN AND

 A. 3006--B                         66
 
 DELIVERED VIA MAIL. THE DEPARTMENT SHALL IDENTIFY ALL CHARTER SCHOOLS ON
 PROBATIONARY STATUS ON THE DEPARTMENT'S WEBSITE AND SHALL ALSO POST  THE
 REMEDIAL ACTION PLAN.
   §  21. Subdivision 4 of section 2855 of the education law, as added by
 chapter 4 of the laws of 1998, is amended to read as follows:
   4. (A) Any individual or group may bring a complaint to the  board  of
 trustees  of  a charter school alleging a violation of the provisions of
 this article, the charter, or any other provision of law relating to the
 management or operation of the charter school. If, after presentation of
 the complaint to the board of trustees of a charter school, the individ-
 ual or group determines that such board has not adequately addressed the
 complaint, they may present that complaint to the charter entity,  which
 shall  investigate  and respond. If, after presentation of the complaint
 to the charter entity, the individual or group determines that the char-
 ter entity has not adequately addressed the complaint, they may  present
 that  complaint  to  the  board  of regents, which shall investigate and
 respond. The charter entity and the board  of  regents  shall  have  the
 power  and  the  duty  to  issue  appropriate remedial orders to charter
 schools under their jurisdiction to effectuate the  provisions  of  this
 section.
   (B)  AT  THE  BEGINNING  OF  EACH  SCHOOL YEAR, A CHARTER SCHOOL SHALL
 PROVIDE THE PARENT OR GUARDIAN OF EACH STUDENT ENROLLED IN  THE  CHARTER
 SCHOOL  INFORMATION  DETAILING  THE  PROCESS BY WHICH A COMPLAINT CAN BE
 BROUGHT AGAINST THE CHARTER SCHOOL PURSUANT TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION.  IN  ADDITION TO DETAILING THE PROCESS BY WHICH A COMPLAINT
 CAN BE BROUGHT, THE INFORMATION  PROVIDED  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED  TO  THE  CONTACT  INFORMATION  FOR THE BOARD OF TRUSTEES OF THE
 CHARTER SCHOOL IN WHICH THE STUDENT IS ENROLLED, THE CONTACT INFORMATION
 FOR THE CHARTER ENTITY OF THE CHARTER SCHOOL, AND THE  CONTACT  INFORMA-
 TION  FOR THE BOARD OF REGENTS, IF THE BOARD OF REGENTS IS NOT THE CHAR-
 TER ENTITY. SUCH INFORMATION SHALL ALSO BE POSTED AND  UPDATED  ANNUALLY
 ON THE CHARTER SCHOOL'S WEBSITE.
   §  22.  Subparagraph  (i) of paragraph (a) of subdivision 1 of section
 2856 of the education law, as amended by section 3 of part BB of chapter
 56 of the laws of 2014, is amended to read as follows:
   (i) for school years prior to the two thousand nine--two thousand  ten
 school  year  [and for school years following the two thousand sixteen--
 two thousand seventeen school year], an  amount  equal  to  one  hundred
 percent  of the amount calculated pursuant to paragraph f of subdivision
 one of section thirty-six hundred two of this  chapter  for  the  school
 district for the year prior to the base year increased by the percentage
 change in the state total approved operating expense calculated pursuant
 to  paragraph  t of subdivision one of section thirty-six hundred two of
 this chapter from two years prior to the base year to the base year;
   § 23. Subparagraph (i) of paragraph (a) of subdivision  1  of  section
 2856 of the education law, as amended by section 4 of part BB of chapter
 56 of the laws of 2014, is amended to read as follows:
   (i)  for school years prior to the two thousand nine--two thousand ten
 school year [and for school years following the two  thousand  sixteen--
 two  thousand  seventeen  school  year],  an amount equal to one hundred
 percent of the amount calculated pursuant to paragraph f of  subdivision
 one  of  section  thirty-six  hundred two of this chapter for the school
 district for the year prior to the base year increased by the percentage
 change in the state total approved operating expense calculated pursuant
 to paragraph t of subdivision one of section thirty-six hundred  two  of
 this chapter from two years prior to the base year to the base year;

 A. 3006--B                         67

   §  24. Paragraph (a) of subdivision 1 of section 2856 of the education
 law is amended by adding a new subparagraph (v) to read as follows:
   (V)  FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
 AND THEREAFTER, THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER  OF
 THE  CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE CURRENT YEAR PURSUANT
 TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  THE  CHARTER
 SCHOOL  BASIC  TUITION  COMPUTED  FOR THE TWO THOUSAND TEN--TWO THOUSAND
 ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS  OF  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   §  25.  Subdivisions  2 and 3 of section 2856 of the education law are
 renumbered subdivisions 3 and 4 and a new subdivision 2 is added to read
 as follows:
   2. IN THE EVENT THAT IN ANY SCHOOL  YEAR  A  CHARTER  SCHOOL  RECEIVES
 COMBINED  PAYMENTS  FROM ANY LOCAL, STATE, OR FEDERAL SOURCE THAT EXCEED
 EXPENDITURES FOR SUCH SCHOOL YEAR RELATED TO THE OPERATION OF SUCH CHAR-
 TER SCHOOL BY SEVEN PERCENT, THEN ANY EXCESS  FUNDS  ABOVE  SUCH  AMOUNT
 SHALL BE RETURNED PROPORTIONATELY TO ALL SCHOOL DISTRICTS THAT HAVE PAID
 TUITION TO SUCH CHARTER SCHOOL.
   §  26. Subdivision 3 of section 2856 of the education law, as added by
 chapter 4 of the laws of 1998 and as renumbered by  section  twenty-five
 of this act, is amended to read as follows:
   3.  (A)  In  the  event  of the failure of the school district to make
 payments required by this section, the state  comptroller  shall  deduct
 from  any state funds which become due to such school district an amount
 equal to the unpaid obligation. The comptroller shall pay over such  sum
 to  the  charter  school  upon  certification  of  the commissioner. The
 commissioner shall promulgate regulations to implement the provisions of
 this subdivision.
   (B) AT LEAST THIRTY DAYS PRIOR TO  SUBMISSION  OF  A  REQUEST  FOR  AN
 INTERCEPT  OF STATE FUNDS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
 THE CHARTER SCHOOL SHALL PROVIDE THE SCHOOL DISTRICT OF RESIDENCE WITH A
 LIST OF STUDENTS WHOSE TUITION IS PROPOSED TO BE INCLUDED IN THE  INTER-
 CEPT AND DOCUMENTATION OF ANY SPECIAL EDUCATION SERVICES PROVIDED BY THE
 CHARTER  SCHOOL,  THE  COST OF WHICH WOULD BE INCLUDED IN THE INTERCEPT.
 IF THE SCHOOL DISTRICT OBJECTS TO INCLUSION OF THE TUITION  OR  COST  OF
 SERVICES IN THE INTERCEPT, THE SCHOOL DISTRICT SHALL PROVIDE THE CHARTER
 SCHOOL  WITH  A  WRITTEN  STATEMENT  OF ITS REASONS FOR OBJECTING TO THE
 INTERCEPT THAT IDENTIFIES THE STUDENTS WHOSE COSTS ARE  IN  DISPUTE  AND
 THE  CHARTER  SCHOOL SHALL SCHEDULE A RESOLUTION SESSION FOR THE PURPOSE
 OF RESOLVING THE DISPUTE, WHICH SHALL BE HELD WITHIN FIVE BUSINESS  DAYS
 OF  RECEIPT  OF THE SCHOOL DISTRICT'S OBJECTION. EACH PARTY SHALL ENSURE
 THAT THEIR REPRESENTATIVES WHO ATTEND THE RESOLUTION ARE  FULLY  AUTHOR-
 IZED  TO  BIND  THE SCHOOL DISTRICT OR CHARTER SCHOOL, AND ANY AGREEMENT
 REACHED AT THE RESOLUTION SESSION SHALL BE FINAL AND BINDING  UPON  BOTH
 PARTIES.  IN  THE  EVENT THE SCHOOL DISTRICT DOES NOT NOTIFY THE CHARTER
 SCHOOL OF ITS OBJECTIONS WITHIN TEN DAYS OF ITS RECEIPT OF THE  LIST  OF
 STUDENTS  OR  FAILS  TO  PARTICIPATE IN A RESOLUTION SESSION, THE SCHOOL
 DISTRICT SHALL BE DEEMED TO HAVE WAIVED ITS OBJECTIONS TO THE  INTERCEPT
 AND  THE  CHARTER  SCHOOL  SHALL  NOT  BE REQUIRED TO OFFER A RESOLUTION
 SESSION. IF THE PARTIES ARE UNABLE TO REACH AGREEMENT  AT  A  RESOLUTION
 SESSION,  THEY  MAY AGREE TO SCHEDULE ADDITIONAL RESOLUTION SESSIONS OR,
 IF ONE OF THE PARTIES INFORMS THE OTHER THAT AGREEMENT IS NOT  POSSIBLE,
 THE  DISPUTE MAY BE RAISED BY THE DISTRICT AS A CHARTER SCHOOL COMPLAINT
 PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-FIVE
 OF THIS ARTICLE, OR, IF THE DISPUTE CONCERNS THE RESIDENCY OF A STUDENT,
 AN  APPEAL MAY BE BROUGHT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.

 A. 3006--B                         68
 
 THE DEPARTMENT SHALL NOT PROCESS AN INTERCEPT FOR TUITION OR THE COST OF
 SERVICES OF A STUDENT WHOSE COSTS  ARE  IN  DISPUTE  UNTIL  THE  CHARTER
 SCHOOL  NOTIFIES  THE DEPARTMENT THAT A RESOLUTION SESSION HAS BEEN HELD
 AND  NO  AGREEMENT  HAS  BEEN  REACHED, OR THAT NO RESOLUTION SESSION IS
 REQUIRED BECAUSE THE SCHOOL DISTRICT FAILED TO PROVIDE TIMELY NOTICE  OR
 FAILED TO PARTICIPATE IN A SCHEDULED RESOLUTION SESSION.
   (C)  IN  THE  EVENT  OF A DISPUTE OVER THE RESIDENCY OF A STUDENT, THE
 SCHOOL DISTRICT SHALL MAKE ITS OWN RESIDENCY DETERMINATION  PURSUANT  TO
 THE REGULATIONS OF THE COMMISSIONER AFTER CONSIDERING THE PROOF OF RESI-
 DENCY  SUBMITTED  BY  THE  CHARTER SCHOOL, AND SUCH DETERMINATION MAY BE
 APPEALED TO THE COMMISSIONER BY THE CHARTER SCHOOL OR BY THE  PARENT  OR
 OTHER  PERSON  IN  PARENTAL  RELATION  OR BOTH PURSUANT TO SECTION THREE
 HUNDRED TEN OF THIS CHAPTER. DURING THE PENDENCY  OF  SUCH  APPEAL,  THE
 STUDENT  SHALL BE DEEMED ENROLLED IN THE SCHOOL DISTRICT, SHALL BE ENTI-
 TLED TO SERVICES PURSUANT TO SUBDIVISION FOUR  OF  SECTION  TWENTY-EIGHT
 HUNDRED  FIFTY-THREE  OF  THIS ARTICLE, AND THE SCHOOL DISTRICT SHALL BE
 LIABLE FOR CHARTER SCHOOL TUITION, PROVIDED THAT UPON A  FINAL  DETERMI-
 NATION  IN  SUCH APPEAL THAT THE STUDENT IS NOT A RESIDENT OF THE SCHOOL
 DISTRICT, THE SCHOOL DISTRICT MAY DEDUCT THE COST OF  SUCH  TUITION  AND
 SERVICES FROM FUTURE PAYMENTS DUE THE CHARTER SCHOOL.
   §  27.  Subdivision 2 of section 2857 of the education law, as amended
 by chapter 101 of the laws of 2010, is amended and a new subdivision 2-a
 is added to read as follows:
   2. Each charter school shall submit to the charter entity and  to  the
 board  of regents an annual report. Such report shall be issued no later
 than the first day of August of each year for the preceding school  year
 and shall be made publicly available by such date and shall be posted on
 BOTH  the  charter school's [website] AND THE DEPARTMENT'S WEBSITES. The
 annual report shall be in such  form  as  shall  be  prescribed  by  the
 commissioner and shall include at least the following components:
   (a)  a charter school report card, which shall include measures of the
 comparative academic and fiscal performance of the school, as prescribed
 by the commissioner in regulations adopted for such purpose. Such  meas-
 ures  shall  include,  but  not be limited to, graduation rates, dropout
 rates, performance of students  on  standardized  tests,  college  entry
 rates,  total  spending per pupil and administrative spending per pupil.
 Such measures shall be presented in a format that is  easily  comparable
 to  similar public schools. In addition, the charter school shall ensure
 that such information is easily accessible to  the  community  including
 making  it  publicly available by transmitting it to local newspapers of
 general circulation and making it available for distribution at board of
 trustee meetings[.];
   (b) discussion of the progress made towards achievement of  the  goals
 set forth in the charter[.];
   (c)  a  certified  financial  statement  setting forth, by appropriate
 categories, the revenues and expenditures for the preceding school year,
 including a copy of the most recent  independent  fiscal  audit  of  the
 school  and  any  audit conducted by the comptroller of the state of New
 York[.];
   (d) efforts taken by the charter school in the existing  school  year,
 and  a  plan  for  efforts to be taken in the succeeding school year, to
 meet or exceed THE enrollment [and retention targets set by the board of
 regents or the board of trustees of the state university of New York, as
 applicable, of students with disabilities,  English  language  learners,
 and  students who are eligible applicants for the free and reduced price
 lunch program established pursuant to paragraph (e) of subdivision  four

 A. 3006--B                         69

 of section twenty-eight hundred fifty-one of this article.] REQUIREMENTS
 OF  SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO
 THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE;
   (E) FOR ANY CHARTER SCHOOL THAT CONTRACTS WITH A MANAGEMENT COMPANY OR
 ANY  OTHER  ENTITY  THAT  PROVIDES  SERVICES  TO  THE  CHARTER SCHOOL, A
 DETAILED STATEMENT OF SERVICES PROVIDED TO THE  CHARTER  SCHOOL  BY  THE
 MANAGEMENT  COMPANY  AND/OR  ANY OTHER ENTITY AND THE AMOUNT THE CHARTER
 SCHOOL PAYS FOR SUCH SERVICES. THE  DEPARTMENT  SHALL  POST  THE  ANNUAL
 REPORTS SUBMITTED BY CHARTER SCHOOLS ON THE DEPARTMENT'S WEBSITE; AND
   (F)  A NOTICE OF ANY RELATIONSHIP THAT MAY EXIST BETWEEN ANY MEMBER OF
 A CHARTER SCHOOL'S BOARD OF TRUSTEES OR CHARTER  SCHOOL  STAFF  AND  ANY
 FOR-PROFIT  OR NOT-FOR-PROFIT CORPORATE OR OTHER BUSINESS ENTITY THAT IS
 RESPONSIBLE FOR THE ADMINISTRATION,  MANAGEMENT  OR  OPERATION  OF  SUCH
 CHARTER SCHOOL OR RELATED VENDOR.
   2-A.  EACH  CHARTER  SCHOOL  SHALL  POST  CONTACT  INFORMATION FOR THE
 SCHOOL'S BOARD OF TRUSTEES AS WELL AS THE NAME AND  CONTACT  INFORMATION
 OF THE SCHOOL'S CHARTER ENTITY ON THE WEBSITE OF THE CHARTER SCHOOL.
   §  28.  Subdivision  7  of  section 179-q of the state finance law, as
 added by chapter 166 of the laws of 1991, is amended to read as follows:
   7. "Not-for-profit organization" or "organization"  means  a  domestic
 corporation  incorporated  pursuant  to or otherwise subject to the not-
 for-profit corporation law, a charitable  organization  registered  with
 the  secretary  of  state, a special act corporation created pursuant to
 chapter four hundred sixty-eight of the laws of eighteen  hundred  nine-
 ty-nine,  as amended, a special act corporation formed pursuant to chap-
 ter two hundred fifty-six of the laws of nineteen hundred seventeen,  as
 amended,  a  corporation  authorized  pursuant  to  an  act  of congress
 approved January fifth,  nineteen  hundred  five,  (33  stat.  599),  as
 amended, a corporation established by merger of charitable organizations
 pursuant  to  an  order of the supreme court, New York county dated July
 twenty-first, nineteen hundred eighty-six and filed in the department of
 state on July twenty-ninth, nineteen hundred  eighty-six,  or  a  corpo-
 ration  having  tax  exempt status under section 501(c)(3) of the United
 States Internal revenue code, and shall further be deemed  to  mean  and
 include  any  federation of charitable organizations. PROVIDED, HOWEVER,
 THAT A PUBLIC EDUCATIONAL ENTITY WITHIN THE MEANING OF SECTION  SEVENTY-
 ONE  OF  PART  C OF CHAPTER FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND FOUR
 SHALL NOT BE DEEMED A "NOT-FOR-PROFIT  ORGANIZATION"  OR  "ORGANIZATION"
 FOR PURPOSES OF THIS ARTICLE.
   §  29. This act shall take effect immediately; provided, however, that
 the amendments to subdivision 1 of section 2856  of  the  education  law
 made  by  section twenty-two of this act shall be subject to the expira-
 tion and reversion of such subdivision  pursuant  to  subdivision  d  of
 section  27  of  chapter  378 of the laws of 2007, as amended, when upon
 such date the provisions of section twenty-three of this act shall  take
 effect;  provided,  however,  that  the  amendments  to paragraph (a) of
 subdivision 1 of section 2856 of the education law made by section twen-
 ty-four of this act shall survive the expiration and reversion  of  such
 paragraph  as  provided in subdivision d of section 27 of chapter 378 of
 the laws of 2007, as amended.
 
                                  PART B
 
                           Intentionally Omitted
 
                                  PART C

 A. 3006--B                         70
 
   Section 1. Section 3209 of the education law, as  amended  by  chapter
 569  of  the  laws  of  1994,  paragraphs  a and a-1 of subdivision 1 as
 amended and subdivision 2-a as added by chapter 101 of the laws of 2003,
 paragraph b of subdivision 3 as amended by section 28 of part B of chap-
 ter 57 of the laws of 2007, is amended to read as follows:
   § 3209. Education of homeless children. 1. Definitions.
   a.  Homeless  child. For the purposes of this article, the term "home-
 less child" shall mean:
   (1) a child or youth who lacks a fixed, regular, and  adequate  night-
 time residence, including a child or youth who is:
   (i)  sharing  the  housing  of other persons due to a loss of housing,
 economic hardship or a similar reason;
   (ii) living in motels, hotels, trailer parks or camping grounds due to
 the lack of alternative adequate accommodations;
   (iii) abandoned in hospitals; OR
   (iv) [awaiting foster care placement; or
   (v)] a migratory child, as defined in subsection two of section  thir-
 teen hundred nine of the Elementary and Secondary Education Act of 1965,
 as  amended  BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, who qualifies as
 homeless under any of the provisions of clauses (i) through [(iv)] (III)
 of this subparagraph or subparagraph two of this paragraph; [or]
   (V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED  TWEN-
 TY-FIVE  OF  SUBTITLE  B  OF  TITLE  VII  OF THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT; OR
   (2) a child or youth who has a primary nighttime location that is:
   (i) a supervised publicly or privately operated  shelter  designed  to
 provide  temporary  living accommodations including, but not limited to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii) a public or private place not designed for,  or  ordinarily  used
 as, a regular sleeping accommodation for human beings, including a child
 or youth who is living in a car, park, public space, abandoned building,
 substandard housing, bus or train stations or similar setting.
   a-1.  Exception.  For  the purposes of this article the term "homeless
 child" shall not include a child in a foster care placement or receiving
 educational services pursuant to subdivision four, five, six,  six-a  or
 seven of section thirty-two hundred two of this [article] PART or pursu-
 ant  to article eighty-one, eighty-five, eighty-seven or eighty-eight of
 this chapter.
   b. Designator. The term "designator" shall mean:
   (1) the parent or the person in parental relation to a homeless child;
 or
   (2) the homeless child, if no parent or person in parental relation is
 available; or
   (3) the director of a residential program  for  runaway  and  homeless
 youth  established  pursuant to article nineteen-H of the executive law,
 in consultation with the homeless child, where such  homeless  child  is
 living in such program.
   c.  School  district  of  origin. The term "school district of origin"
 shall mean the school district within the state of New York in which the
 homeless child was attending a public school OR PRESCHOOL on a  tuition-
 free  basis  or  was  entitled  to attend when circumstances arose which
 caused such child to become homeless, which is different from the school
 district of current location. [Whenever the school district of origin is
 designated pursuant to subdivision two of this section, the child  shall

 A. 3006--B                         71

 be entitled to return to the school building where previously enrolled.]
 SCHOOL  DISTRICT  OF  ORIGIN  SHALL ALSO MEAN THE SCHOOL DISTRICT IN THE
 STATE OF NEW YORK IN WHICH THE CHILD  WAS  RESIDING  WHEN  CIRCUMSTANCES
 AROSE  WHICH  CAUSED  SUCH  CHILD  TO  BECOME HOMELESS IF SUCH CHILD WAS
 ELIGIBLE TO APPLY, REGISTER, OR ENROLL IN PUBLIC PRESCHOOL OR KINDERGAR-
 TEN AT THE TIME SUCH CHILD BECAME HOMELESS, OR THE HOMELESS CHILD HAS  A
 SIBLING  WHO  ATTENDS A SCHOOL IN THE SCHOOL DISTRICT IN WHICH THE CHILD
 WAS RESIDING WHEN CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO  BECOME
 HOMELESS.
   d.  School  district of current location. The term "school district of
 current location" shall mean the public school district within the state
 of New York in which the hotel, motel, shelter or other temporary  hous-
 ing  arrangement  of  a  homeless  child, or the residential program for
 runaway and homeless youth, is located,  which  is  different  from  the
 school  district  of  origin.  [Whenever  the school district of current
 location is designated pursuant to subdivision two of this section,  the
 child  shall  be  entitled to attend the school that is zoned for his or
 her temporary location or any school that nonhomeless students who  live
 in  the  same  attendance  zone  in which the homeless child or youth is
 temporarily residing are entitled to attend.]
   e. Regional placement plan. The term "regional placement  plan"  shall
 mean  a  comprehensive regional approach to the provision of educational
 placements for homeless children which has been approved by the  commis-
 sioner.
   F. FEEDER SCHOOL. THE TERM "FEEDER SCHOOL" SHALL MEAN:
   (1)  A  PRESCHOOL  WHOSE  STUDENTS  ARE ENTITLED TO ATTEND A SPECIFIED
 ELEMENTARY SCHOOL OR GROUP OF ELEMENTARY SCHOOLS UPON COMPLETION OF THAT
 PRESCHOOL;
   (2) A SCHOOL WHOSE STUDENTS ARE ENTITLED TO ATTEND A SPECIFIED ELEMEN-
 TARY, MIDDLE, INTERMEDIATE, OR HIGH SCHOOL OR GROUP OF SPECIFIED ELEMEN-
 TARY, MIDDLE, INTERMEDIATE, OR  HIGH  SCHOOLS  UPON  COMPLETION  OF  THE
 TERMINAL GRADE OF SUCH SCHOOL; OR
   (3) A SCHOOL THAT SENDS ITS STUDENTS TO A RECEIVING SCHOOL IN A NEIGH-
 BORING  SCHOOL  DISTRICT  PURSUANT TO SECTION TWO THOUSAND FORTY OF THIS
 CHAPTER.
   G. PRESCHOOL. THE TERM "PRESCHOOL" SHALL MEAN A PUBLICLY FUNDED  PREK-
 INDERGARTEN  PROGRAM  ADMINISTERED  BY  THE DEPARTMENT OR A LOCAL EDUCA-
 TIONAL AGENCY OR A HEAD START PROGRAM ADMINISTERED  BY  A  LOCAL  EDUCA-
 TIONAL  AGENCY  AND/OR  SERVICES UNDER THE INDIVIDUALS WITH DISABILITIES
 EDUCATION ACT ADMINISTERED BY A LOCAL EDUCATIONAL AGENCY.
   H. RECEIVING SCHOOL. THE TERM "RECEIVING SCHOOL" SHALL MEAN:
   (1) A SCHOOL THAT ENROLLS  STUDENTS  FROM  A  SPECIFIED  OR  GROUP  OF
 PRESCHOOLS, ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, INTERMEDIATE SCHOOLS, OR
 HIGH SCHOOLS; OR
   (2) A SCHOOL THAT ENROLLS STUDENTS FROM A FEEDER SCHOOL IN A NEIGHBOR-
 ING  LOCAL  EDUCATIONAL AGENCY PURSUANT TO SECTION TWO THOUSAND FORTY OF
 THIS CHAPTER.
   I. SCHOOL OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN  A  PUBLIC
 SCHOOL  THAT  A  CHILD OR YOUTH ATTENDED WHEN PERMANENTLY HOUSED, OR THE
 SCHOOL IN WHICH THE CHILD  OR  YOUTH  WAS  LAST  ENROLLED,  INCLUDING  A
 PRESCHOOL  OR  A CHARTER SCHOOL.  PROVIDED THAT, FOR A HOMELESS CHILD OR
 YOUTH WHO COMPLETES THE FINAL  GRADE  LEVEL  SERVED  BY  THE  SCHOOL  OF
 ORIGIN, THE TERM "SCHOOL OF ORIGIN" SHALL INCLUDE THE DESIGNATED RECEIV-
 ING  SCHOOL  AT  THE NEXT GRADE LEVEL FOR ALL FEEDER SCHOOLS.  WHERE THE
 CHILD IS ELIGIBLE TO ATTEND SCHOOL IN  THE  SCHOOL  DISTRICT  OF  ORIGIN
 BECAUSE  THE  CHILD  BECOMES  HOMELESS  AFTER  SUCH CHILD IS ELIGIBLE TO

 A. 3006--B                         72
 
 APPLY, REGISTER, OR ENROLL IN THE PUBLIC PRESCHOOL  OR  KINDERGARTEN  OR
 THE  CHILD IS LIVING WITH A SCHOOL-AGE SIBLING WHO ATTENDS SCHOOL IN THE
 SCHOOL DISTRICT OF ORIGIN, THE SCHOOL OF ORIGIN SHALL INCLUDE ANY PUBLIC
 SCHOOL  OR  PRESCHOOL  IN  WHICH  SUCH CHILD WOULD HAVE BEEN ENTITLED OR
 ELIGIBLE TO ATTEND BASED ON  SUCH  CHILD'S  LAST  RESIDENCE  BEFORE  THE
 CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS.
   2. Choice of district AND SCHOOL.
   a. The designator shall have the right to designate one of the follow-
 ing  as  the  school  district  within which the homeless child shall be
 entitled to attend upon instruction:
   (1) the school district of current location;
   (2) the school district of origin; or
   (3) a school district participating in a regional placement plan.
   b. THE DESIGNATOR SHALL ALSO HAVE THE RIGHT TO DESIGNATE  ONE  OF  THE
 FOLLOWING  AS  THE  SCHOOL  WHERE  A  HOMELESS CHILD SEEKS TO ATTEND FOR
 INSTRUCTION:
   (1) THE SCHOOL OF ORIGIN; OR
   (2) ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH  WHO  LIVE  IN  THE
 ATTENDANCE  AREA  IN  WHICH  THE  CHILD  OR YOUTH IS ACTUALLY LIVING ARE
 ELIGIBLE TO ATTEND, INCLUDING A PRESCHOOL.
   C. (1) Notwithstanding any other provision of  law  to  the  contrary,
 where  the public school district in which a homeless child is temporar-
 ily housed is the [same school district the child  was  attending  on  a
 tuition-free  basis  or  was entitled to attend when circumstances arose
 which caused the child to become homeless] SCHOOL  DISTRICT  OF  ORIGIN,
 the  homeless  child  shall  be  entitled  to attend the schools of such
 district without the payment of tuition in accordance  with  subdivision
 one  of  section thirty-two hundred two of this article FOR THE DURATION
 OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN  WHICH  SUCH
 CHILD  BECOMES  PERMANENTLY  HOUSED  AND FOR ONE ADDITIONAL YEAR IF THAT
 YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR  IN  SUCH  BUILDING.    [Such
 child may choose to remain in the public school building they previously
 attended until the end of the school year and for one additional year if
 that year constitutes the child's terminal year in such building in lieu
 of the school serving the attendance zone in which the temporary housing
 facility is located.]
   (2)  Notwithstanding any other provision of law to the contrary, where
 the [public] school [or school district] DISTRICT OF ORIGIN OR SCHOOL OF
 ORIGIN THAT a homeless child was attending on a  tuition-free  basis  or
 was  entitled  to attend when circumstances arose which caused the child
 to become homeless is located [outside the state] IN NEW YORK STATE  AND
 THE  HOMELESS  CHILD'S  TEMPORARY  HOUSING  ARRANGEMENT  IS LOCATED IN A
 CONTIGUOUS STATE, the homeless child shall be [deemed a resident of  the
 school  district  in  which the hotel, motel, shelter or other temporary
 housing arrangement of the child is  currently  located  and  shall  be]
 entitled  to  [attend  the  schools  of such district without payment of
 tuition in accordance with subdivision one of section thirty-two hundred
 two of this article. Such district of residence shall not be  considered
 a school district of origin or a school district of current location for
 purposes of this section] ATTEND THE SCHOOL OF ORIGIN OR ANY SCHOOL THAT
 NONHOMELESS  CHILDREN AND YOUTH WHO LIVE IN THE ATTENDANCE AREA IN WHICH
 THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO ATTEND,  INCLUDING
 A  PRESCHOOL,  SUBJECT  TO  A  BEST  INTEREST  DETERMINATION PURSUANT TO
 SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVISION, FOR THE  DURATION
 OF  THE  HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH

 A. 3006--B                         73
 
 CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE  ADDITIONAL  YEAR  IF  THAT
 YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   (3)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
 THE CHILD'S TEMPORARY HOUSING ARRANGEMENT IS LOCATED IN NEW YORK  STATE,
 THE  HOMELESS  CHILD SHALL BE ENTITLED TO ATTEND THE SCHOOL OF ORIGIN OR
 ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN  THE  ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND,  INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION
 PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS  SUBDIVISION,  FOR
 THE DURATION OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN
 WHICH  SUCH CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE ADDITIONAL YEAR
 IF THAT YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   [c.] D. Notwithstanding the provisions of paragraph a of this subdivi-
 sion, a homeless child who has designated the school district of current
 location as the district of attendance and who has relocated to  another
 temporary  housing arrangement outside of such district, or to a differ-
 ent attendance zone or community school district within  such  district,
 shall  be  entitled  to  continue  [the  prior designation to enable the
 student to remain] TO ATTEND in the same school  building  OR  DESIGNATE
 ANY  SCHOOL  THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND, INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST  DETERMINATION
 IN  ACCORDANCE  WITH  SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVI-
 SION, FOR THE DURATION OF THE HOMELESSNESS AND  until  the  end  of  the
 school  year  IN  WHICH THE CHILD BECOMES PERMANENTLY HOUSED and for one
 additional year if that year constitutes the child's  terminal  year  in
 such building.
   [d.]  E.  Such  designation  shall  be  made on forms specified by the
 commissioner, and shall include the name of the child, the name  of  the
 parent  or  person  in  parental  relation  to  the  child, the name and
 location of the temporary housing arrangement, the name  of  the  school
 district  of  origin,  the name of the school district where the child's
 records are located, the complete address where the family  was  located
 at  the time circumstances arose which caused such child to become home-
 less and any other information required by the commissioner. All  school
 districts,  temporary housing facilities operated or approved by a local
 social services district, and residential  facilities  for  runaway  and
 homeless youth shall make such forms available AND SHALL ENSURE THAT THE
 COMPLETED  DESIGNATION  FORMS  ARE GIVEN TO THE LOCAL EDUCATIONAL AGENCY
 LIAISON FOR THE LOCAL EDUCATIONAL AGENCY IN WHICH THE DESIGNATED  SCHOOL
 IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE COMMISSIONER IN REGULATIONS.
 Where  the  homeless  child  is  located in a temporary housing facility
 operated or approved by a local social services district, or a  residen-
 tial facility for runaway and homeless youth, the director of the facil-
 ity or a person designated by the social services district, shall, with-
 in   two   business  days,  assist  the  designator  in  completing  the
 designation forms and enrolling the homeless  child  in  the  designated
 school  district AND SHALL FORWARD THE COMPLETED DESIGNATION FORM TO THE
 LOCAL EDUCATIONAL AGENCY LIAISON FOR THE  LOCAL  EDUCATIONAL  AGENCY  IN
 WHICH  THE DESIGNATED SCHOOL IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE
 COMMISSIONER IN REGULATIONS.
   [e.] F. Upon receipt of the designation form,  the  designated  school
 district shall immediately:
   (1) REVIEW THE DESIGNATION FORM TO ENSURE THAT IT HAS BEEN COMPLETED;
   (2)  admit  the homeless child EVEN IF THE CHILD OR YOUTH IS UNABLE TO
 PRODUCE RECORDS NORMALLY A REQUIREMENT FOR ENROLLMENT, SUCH AS  PREVIOUS

 A. 3006--B                         74

 ACADEMIC  RECORDS,  RECORDS OF IMMUNIZATION AND/OR OTHER REQUIRED HEALTH
 RECORDS, PROOF OF RESIDENCY OR OTHER DOCUMENTATION AND/OR  EVEN  IF  THE
 CHILD  HAS  MISSED APPLICATION OR ENROLLMENT DEADLINES DURING ANY PERIOD
 OF  HOMELESSNESS,  IF APPLICABLE.  PROVIDED THAT NOTHING HEREIN SHALL BE
 CONSTRUED TO REQUIRE THE IMMEDIATE ATTENDANCE  OF  AN  ENROLLED  STUDENT
 LAWFULLY  EXCLUDED  FROM  SCHOOL  TEMPORARILY  PURSUANT  TO SECTION NINE
 HUNDRED SIX OF THIS CHAPTER BECAUSE  OF  A  COMMUNICABLE  OR  INFECTIOUS
 DISEASE THAT IMPOSES A SIGNIFICANT RISK OF INFECTION OF OTHERS;
   [(2)]  (3) DETERMINE WHETHER THE DESIGNATION MADE BY THE DESIGNATOR IS
 CONSISTENT WITH THE BEST INTERESTS OF THE HOMELESS CHILD  OR  YOUTH.  IN
 DETERMINING A HOMELESS CHILD'S BEST INTEREST, A LOCAL EDUCATIONAL AGENCY
 SHALL:
   (I)  PRESUME THAT KEEPING THE HOMELESS CHILD OR YOUTH IN THE SCHOOL OF
 ORIGIN IS IN THE CHILD'S OR YOUTH'S BEST INTEREST, EXCEPT WHEN DOING  SO
 IS  CONTRARY TO THE REQUEST OF THE CHILD'S PARENT OR GUARDIAN, OR IN THE
 CASE OF AN UNACCOMPANIED YOUTH, THE YOUTH;
   (II) CONSIDER STUDENT-CENTERED FACTORS, INCLUDING BUT NOT  LIMITED  TO
 FACTORS RELATED TO THE IMPACT OF MOBILITY ON ACHIEVEMENT, EDUCATION, THE
 HEALTH  AND SAFETY OF THE HOMELESS CHILD, GIVING PRIORITY TO THE REQUEST
 OF THE CHILD'S OR YOUTH'S PARENT OR GUARDIAN OR THE YOUTH IN THE CASE OF
 AN UNACCOMPANIED YOUTH;
   (III) IF AFTER CONSIDERING STUDENT-CENTERED FACTORS AND  CONDUCTING  A
 BEST  INTEREST  SCHOOL  PLACEMENT  DETERMINATION,  THE LOCAL EDUCATIONAL
 AGENCY DETERMINES THAT IT IS NOT IN THE HOMELESS CHILD'S  BEST  INTEREST
 TO  ATTEND THE SCHOOL OF ORIGIN OR THE SCHOOL DESIGNATED BY THE DESIGNA-
 TOR, THE LOCAL EDUCATIONAL AGENCY MUST PROVIDE A WRITTEN EXPLANATION  OF
 THE  REASONS  FOR ITS DETERMINATION, IN A MANNER AND FORM UNDERSTANDABLE
 TO SUCH PARENT, GUARDIAN, OR UNACCOMPANIED YOUTH.  THE INFORMATION  MUST
 ALSO  INCLUDE  INFORMATION  REGARDING  THE  RIGHT  TO A TIMELY APPEAL IN
 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE HOMELESS  CHILD  OR
 YOUTH  MUST  BE  ENROLLED IN THE SCHOOL IN WHICH ENROLLMENT IS SOUGHT BY
 THE DESIGNATOR DURING THE PENDENCY OF ALL AVAILABLE APPEALS;
   (4) treat the homeless child as a resident for all purposes;
   [(3)] (5) make a written request to  the  school  district  where  the
 child's records are located for a copy of such records; and
   [(4)]  (6) forward the designation form to the [commissioner, and the]
 school district of origin where applicable.
   [f.] G. Within five days of receipt of a request for records  pursuant
 to subparagraph [three] FIVE of paragraph [e] F of this subdivision, the
 school  district  shall  forward,  in a manner consistent with state and
 federal law, a complete copy of the homeless child's records  including,
 but not limited to, proof of age, academic records, evaluations, immuni-
 zation records, and guardianship papers, if applicable.
   [g.]  H.  WHERE  THE  SCHOOL OF ORIGIN IS A CHARTER SCHOOL, THE SCHOOL
 DISTRICT DESIGNATED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED  TO  BE
 THE  SCHOOL  DISTRICT  OF RESIDENCE OF SUCH CHILD FOR PURPOSES OF FISCAL
 AND PROGRAMMATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS  CHAPTER
 AND  SHALL  BE RESPONSIBLE FOR TRANSPORTATION OF THE HOMELESS CHILD IF A
 SOCIAL SERVICES DISTRICT IS NOT OTHERWISE RESPONSIBLE PURSUANT TO SUBDI-
 VISION FOUR OF THIS SECTION.
   I. The commissioner shall promulgate  regulations  setting  forth  the
 circumstances  pursuant to which a change in designation may be made and
 establishing a procedure for the identification of the  school  district
 of origin.
   2-a.  Notwithstanding any other provision of law to the contrary, each
 local educational agency, as such term is defined in subsection  twenty-

 A. 3006--B                         75
 
 six  of  section  ninety-one hundred one of the Elementary and Secondary
 Education Act of 1965, AS AMENDED BY THE EVERY STUDENT SUCCEEDS  ACT  OF
 2015,  shall  designate  a local educational agency liaison for homeless
 children  and  youths  and shall, consistent with the provisions of this
 section, otherwise comply with the applicable requirements of paragraphs
 three through seven of subsection (g) of section seven  hundred  twenty-
 two of subtitle B of title VII of the McKinney-Vento Assistance Act.
   3. Reimbursement.
   a.  Where  either  the school district of current location or a school
 district participating in a regional placement plan is designated as the
 district in which the homeless child shall attend upon  instruction  and
 such  homeless  child's  school  district  of  origin is within New York
 state, the school district providing  instruction,  INCLUDING  PRESCHOOL
 INSTRUCTION,  shall  be eligible for reimbursement by the department, as
 approved by  the  commissioner,  for  the  direct  cost  of  educational
 services,  not  otherwise  reimbursed  under  special  federal programs,
 calculated pursuant to regulations of the commissioner for the period of
 time for which such services are provided. The claim for such reimburse-
 ment shall be in a form prescribed by the commissioner. The  educational
 costs for such children shall not be otherwise aidable or reimbursable.
   b.  The  school  district of origin shall reimburse the department for
 its expenditure for educational services on behalf of a  homeless  child
 pursuant  to  paragraph  a of this subdivision in an amount equal to the
 school district basic contribution, as such term is defined in  subdivi-
 sion  eight of section forty-four hundred one of this chapter, pro-rated
 for the period of time for which such services were provided in the base
 year by a school district other than the school district of origin. Upon
 certification by the commissioner, the comptroller shall deduct from any
 state funds which become due to the school district of origin an  amount
 equal  to  the reimbursement required to be made by such school district
 in accordance with this paragraph, and the amount so deducted shall  not
 be included in the operating expense of such district for the purpose of
 computing  the  approved  operating  expense  pursuant to paragraph t of
 subdivision one of section thirty-six hundred two of this chapter.
   4. Transportation.
   a. A social services district shall provide for the transportation  of
 each  homeless  child,  INCLUDING  THOSE  IN PRESCHOOL AND STUDENTS WITH
 DISABILITIES IDENTIFIED PURSUANT TO SECTIONS FORTY-FOUR HUNDRED ONE  AND
 FORTY-FOUR  HUNDRED  TWO  OF THIS CHAPTER WHOSE INDIVIDUALIZED EDUCATION
 PROGRAMS INCLUDE SPECIAL TRANSPORTATION SERVICES, who  is  eligible  for
 benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
 services law, to and from a temporary  housing  location  in  which  the
 child was placed by the social services district and the school attended
 by such child pursuant to this section, if such temporary housing facil-
 ity  is  located  outside  of the designated school district pursuant to
 paragraph a of subdivision  two  of  this  section.  A  social  services
 district  shall be authorized to contract with a board of education or a
 board of cooperative educational services  for  the  provision  of  such
 transportation.  WHERE  THE  SOCIAL  SERVICES DISTRICT REQUESTS THAT THE
 DESIGNATED SCHOOL DISTRICT OF ATTENDANCE PROVIDE OR ARRANGE  FOR  TRANS-
 PORTATION  FOR  A HOMELESS CHILD ELIGIBLE FOR TRANSPORTATION PURSUANT TO
 THIS PARAGRAPH, THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE  SHALL
 PROVIDE  OR  ARRANGE  FOR  THE  TRANSPORTATION  AND  THE SOCIAL SERVICES
 DISTRICT SHALL  FULLY  AND  PROMPTLY  REIMBURSE  THE  DESIGNATED  SCHOOL
 DISTRICT  OF  ATTENDANCE  FOR  THE  COST AS DETERMINED BY THE DESIGNATED
 SCHOOL DISTRICT. This paragraph shall apply  to  placements  made  by  a

 A. 3006--B                         76
 
 social  services district without regard to whether a payment is made by
 the district to the operator of the temporary housing facility.
   b.  [The division for youth, to the extent funds are provided for such
 purpose, as determined by the director of the  budget,]  THE  DESIGNATED
 SCHOOL  DISTRICT  OF  ATTENDANCE shall provide for the transportation of
 each homeless child who is living in a residential program  for  runaway
 and  homeless  youth  established  pursuant to article nineteen-H of the
 executive law, to and from such  residential  program,  and  the  school
 attended by such child pursuant to this section, if such temporary hous-
 ing  location  is  located  outside  the designated school district. The
 [division for youth or the director of a residential program for runaway
 and homeless youth] DESIGNATED DISTRICT OF ATTENDANCE shall  be  author-
 ized  to  contract  with  [a  school district or] a board of cooperative
 educational services OR A RESIDENTIAL PROGRAM FOR RUNAWAY  AND  HOMELESS
 YOUTH  for  the  provision  of such transportation. THE DEPARTMENT SHALL
 REIMBURSE THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE FOR THE  COST  OF
 TRANSPORTING  SUCH  CHILD  TO  AND  FROM THE RESIDENTIAL PROGRAM AND THE
 SCHOOL ATTENDED BY SUCH CHILD TO THE EXTENT FUNDS ARE PROVIDED FOR  SUCH
 PURPOSE, AS DETERMINED BY THE DIRECTOR OF THE BUDGET.
   c.  Notwithstanding any other provision of law, any homeless child not
 entitled to receive transportation pursuant to [paragraph] PARAGRAPHS  a
 AND B of this subdivision who requires transportation in order to attend
 a  school  [district]  OF ORIGIN designated pursuant to [paragraph a of]
 subdivision two of this section [outside of the district in  which  such
 child  is  housed],  shall  be  entitled  to receive such transportation
 pursuant to this paragraph. [If the]  THE  designated  [school  district
 pursuant to paragraph a of subdivision two of this section is the school
 district  of  origin  or  a  school district participating in a regional
 placement plan, such] school district OF ATTENDANCE shall provide trans-
 portation to and from the child's temporary  housing  location  and  the
 school  [the child legally attends] OF ORIGIN. Such transportation shall
 not be in excess of fifty miles each way except where  the  commissioner
 certifies  that  transportation  in excess of fifty miles is in the best
 interest of the child. Any cost incurred for such transportation that is
 allowable pursuant to the applicable provision of parts two and three of
 article seventy-three of this chapter or herein, shall be aidable pursu-
 ant to subdivision seven of section thirty-six hundred two of this chap-
 ter, provided that the approved transportation expense shall not  exceed
 an  amount  determined  by  the  commissioner  to  be the total cost for
 providing the most cost-effective  mode  of  such  transportation  in  a
 manner  consistent  with  commissioner's regulations.   The commissioner
 shall promulgate regulations setting forth the circumstances pursuant to
 which parent  accompaniment  for  transportation  may  be  reimbursable,
 including  but not limited to: the age of the child; the distance of the
 transportation; the cost-effectiveness of the transportation; and wheth-
 er the child has a handicapping condition.
   d. Notwithstanding any other provision of law, where a homeless  child
 designates  the  school district of current location as the district the
 child will attend AND SUCH CHILD DOES NOT ATTEND THE SCHOOL  OF  ORIGIN,
 such  school  district shall provide transportation to such child on the
 same basis as a resident student.
   e. [Notwithstanding any other provision of law, if  a  homeless  child
 chooses  to  remain  in  the public school building the child previously
 attended pursuant to subparagraph one of paragraph b of subdivision  two
 of  this  section  or paragraph c of subdivision two of this section the
 school district shall provide transportation to  and  from  the  child's

 A. 3006--B                         77

 temporary  housing  location and the school the child legally attends if
 such temporary housing is located in  a  different  attendance  zone  or
 community  school district within such district. The cost of such trans-
 portation shall be reimbursed in accordance with the provisions of para-
 graph  c  of  this subdivision.] WHERE THE DESIGNATED SCHOOL DISTRICT OF
 ATTENDANCE HAS RECOMMENDED THAT  THE  HOMELESS  CHILD  ATTEND  A  SUMMER
 EDUCATIONAL  PROGRAM  AND  THE LACK OF TRANSPORTATION POSES A BARRIER TO
 SUCH CHILD'S PARTICIPATION IN THE SUMMER EDUCATIONAL PROGRAM, THE DESIG-
 NATED SCHOOL DISTRICT OF ATTENDANCE SHALL PROVIDE TRANSPORTATION.
   F. THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE,  OR  THE  SOCIAL
 SERVICES  DISTRICT IF SUCH CHILD IS ELIGIBLE FOR TRANSPORTATION FROM THE
 SOCIAL SERVICES DISTRICT PURSUANT TO PARAGRAPH A  OF  THIS  SUBDIVISION,
 SHALL  PROVIDE  OR  ARRANGE  FOR  TRANSPORTATION  TO  EXTRACURRICULAR OR
 ACADEMIC ACTIVITIES WHERE:
   (1) THE HOMELESS CHILD PARTICIPATES IN OR WOULD LIKE TO PARTICIPATE IN
 AN EXTRACURRICULAR  OR  ACADEMIC  ACTIVITY,  INCLUDING  AN  AFTER-SCHOOL
 ACTIVITY, AT THE SCHOOL;
   (2) THE HOMELESS CHILD MEETS THE RELEVANT ELIGIBILITY CRITERIA FOR THE
 ACTIVITY; AND
   (3) THE LACK OF TRANSPORTATION POSES A BARRIER TO SUCH CHILD'S PARTIC-
 IPATION IN THE ACTIVITY.
   G.  WHERE  THE  HOMELESS  CHILD  IS TEMPORARILY LIVING IN A CONTIGUOUS
 STATE AND HAS DESIGNATED A SCHOOL OF ORIGIN LOCATED IN THE STATE OF  NEW
 YORK, THE DESIGNATED SCHOOL DISTRICT IN NEW YORK STATE SHALL COLLABORATE
 WITH  THE  LOCAL  EDUCATIONAL  AGENCY IN WHICH SUCH CHILD IS TEMPORARILY
 LIVING  TO  ARRANGE  FOR  TRANSPORTATION  IN  ACCORDANCE  WITH   SECTION
 722(G)(1)(J)(III)(II) OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   H.  WHERE  THE  HOMELESS CHILD IS TEMPORARILY LIVING IN NEW YORK STATE
 AND CONTINUES TO ATTEND A SCHOOL  OF  ORIGIN  LOCATED  IN  A  CONTIGUOUS
 STATE, THE SCHOOL DISTRICT OF CURRENT LOCATION SHALL COORDINATE WITH THE
 LOCAL EDUCATIONAL AGENCY WHERE SUCH CHILD IS ATTENDING SCHOOL TO ARRANGE
 FOR  TRANSPORTATION  IN ACCORDANCE WITH SECTION 722(G)(1)(J)(III)(II) OF
 THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   I. TRANSPORTATION AS DESCRIBED IN THIS SUBDIVISION MUST BE PROVIDED TO
 THE HOMELESS CHILD BY THE DESIGNATED SCHOOL DISTRICT  OF  ATTENDANCE  OR
 THE  SOCIAL  SERVICES  DISTRICT  FOR  THE  DURATION OF HOMELESSNESS. THE
 DESIGNATED DISTRICT OF ATTENDANCE  MUST  TRANSPORT  THE  CHILD  FOR  THE
 REMAINDER  OF  THE  SCHOOL  YEAR  IN WHICH THE CHILD BECOMES PERMANENTLY
 HOUSED AND ONE ADDITIONAL YEAR IF  THAT  YEAR  CONSTITUTES  THE  CHILD'S
 TERMINAL YEAR IN THE DESIGNATED SCHOOL. SUCH TRANSPORTATION SHALL NOT BE
 IN  EXCESS  OF FIFTY MILES EACH WAY EXCEPT WHERE THE COMMISSIONER CERTI-
 FIES THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST  INTER-
 EST  OF THE CHILD. THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE SHALL BE
 ENTITLED TO REIMBURSEMENT FROM THE CURRENT SCHOOL DISTRICT IN WHICH  THE
 CHILD  BECOMES  PERMANENTLY HOUSED FOR ANY COST INCURRED FOR TRANSPORTA-
 TION FOR THE REMAINDER OF THE SCHOOL YEAR AFTER THE CHILD BECOMES PERMA-
 NENTLY HOUSED AND ONE ADDITIONAL  YEAR  IF  THAT  YEAR  CONSTITUTES  THE
 CHILD'S TERMINAL YEAR IN THE DESIGNATED SCHOOL.
   5. EACH SCHOOL DISTRICT SHALL:
   A.   ESTABLISH  PROCEDURES,  IN  ACCORDANCE  WITH  42  U.S.C.  SECTION
 11432(G)(3)(E), FOR THE PROMPT RESOLUTION OF DISPUTES  REGARDING  SCHOOL
 SELECTION OR ENROLLMENT OF A HOMELESS CHILD OR YOUTH, INCLUDING, BUT NOT
 LIMITED  TO,  DISPUTES  REGARDING  TRANSPORTATION  AND/OR  A  CHILD'S OR
 YOUTH'S STATUS AS A HOMELESS CHILD OR UNACCOMPANIED YOUTH;
   B. PROVIDE A WRITTEN EXPLANATION, INCLUDING A STATEMENT REGARDING  THE
 RIGHT  TO  APPEAL  PURSUANT TO 42 U.S.C. SECTION 11432(G)(3)(E)(II), THE

 A. 3006--B                         78
 
 NAME, POST OFFICE ADDRESS AND TELEPHONE NUMBER OF THE LOCAL  EDUCATIONAL
 AGENCY  LIAISON  AND  THE  FORM PETITION FOR COMMENCING AN APPEAL TO THE
 COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER OF  A
 FINAL DETERMINATION REGARDING ENROLLMENT, SCHOOL SELECTION AND/OR TRANS-
 PORTATION, TO THE HOMELESS CHILD'S OR YOUTH'S PARENT OR GUARDIAN, IF THE
 SCHOOL DISTRICT DECLINES TO EITHER ENROLL AND/OR TRANSPORT SUCH CHILD OR
 YOUTH  TO  THE  SCHOOL  OF ORIGIN OR A SCHOOL REQUESTED BY THE PARENT OR
 GUARDIAN; AND
   C. SHALL IMMEDIATELY ENROLL THE CHILD OR YOUTH IN THE SCHOOL IN  WHICH
 ENROLLMENT  IS  SOUGHT  PENDING FINAL RESOLUTION OF THE DISPUTE OVER THE
 SCHOOL DISTRICT'S FINAL DETERMINATION OF THE CHILD'S OR YOUTH'S HOMELESS
 STATUS, INCLUDING ALL AVAILABLE APPEALS  WITHIN  THE  LOCAL  EDUCATIONAL
 AGENCY  AND THE COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION THREE
 HUNDRED TEN OF THIS CHAPTER.
   6. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
 commissioner,  the commissioner of [social services, and the director of
 the division for youth] THE OFFICE OF TEMPORARY AND  DISABILITY  ASSIST-
 ANCE  AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
 shall develop a plan to ensure coordination and access to education  for
 homeless children and shall annually review such plan.
   b.  The commissioner shall periodically monitor local school districts
 to ensure their compliance with the provisions of this article, and that
 such districts review and revise any  local  regulations,  policies,  or
 practices  that  may  act as barriers to the enrollment or attendance of
 homeless children in school or their receipt of comparable  services  as
 defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
   c.  School districts shall periodically report such information to the
 commissioner as he or she may require to carry out the purposes of  this
 section.
   [6.] 7. Public welfare officials, except as otherwise provided by law,
 shall  furnish  indigent  children with suitable clothing, shoes, books,
 food, transportation and other necessaries to enable them to attend upon
 instruction as required by law. Upon demonstration of need, such  neces-
 saries  shall  also  include transportation of indigent children for the
 purposes of evaluations pursuant to section forty-four  hundred  ten  of
 this  chapter and title II-A of article twenty-five of the public health
 law.
   [7.] 8. INFORMATION ABOUT A HOMELESS CHILD'S OR YOUTH'S  LIVING  SITU-
 ATION SHALL BE TREATED AS A STUDENT EDUCATIONAL RECORD, AND SHALL NOT BE
 DEEMED  TO  BE  DIRECTORY INFORMATION, UNDER THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015.
   9. EACH HOMELESS CHILD TO BE ASSISTED  UNDER  THIS  SECTION  SHALL  BE
 PROVIDED  SERVICES  COMPARABLE  TO SERVICES OFFERED TO OTHER STUDENTS IN
 THE SCHOOL SELECTED UNDER THIS SECTION, INCLUDING THE FOLLOWING:  TRANS-
 PORTATION  SERVICES;  EDUCATIONAL  SERVICES FOR WHICH THE CHILD OR YOUTH
 MEETS THE ELIGIBILITY CRITERIA, SUCH AS SERVICES PROVIDED UNDER TITLE  I
 OF  THE  ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 OR SIMILAR STATE
 OR LOCAL PROGRAMS; EDUCATIONAL PROGRAMS FOR CHILDREN WITH  DISABILITIES;
 EDUCATIONAL  PROGRAMS FOR ENGLISH LEARNERS; PROGRAMS IN CAREER AND TECH-
 NICAL EDUCATION; PROGRAMS FOR GIFTED AND TALENTED STUDENTS;  AND  SCHOOL
 NUTRITION PROGRAMS.
   10.  The  commissioner  may  promulgate  regulations  to carry out the
 purposes of this section.
   § 2. Paragraph a of subdivision 1 of section  3209  of  the  education
 law,  as added by chapter 569 of the laws of 1994, is amended to read as
 follows:

 A. 3006--B                         79
 
   a. Homeless child. For the purposes of this article, the  term  "home-
 less child" shall mean:
   (1)  a  child who lacks a fixed, regular, and adequate nighttime resi-
 dence, INCLUDING A CHILD OR YOUTH WHO IS:
   (I) SHARING THE HOUSING OF OTHER PERSONS DUE TO  A  LOSS  OF  HOUSING,
 ECONOMIC HARDSHIP OR A SIMILAR REASON;
   (II) LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE TO
 THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS;
   (III) ABANDONED IN HOSPITALS;
   (IV)  A MIGRATORY CHILD, AS DEFINED IN SUBSECTION TWO OF SECTION THIR-
 TEEN HUNDRED NINE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965,
 AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, WHO  QUALIFIES  AS
 HOMELESS  UNDER  ANY  OF  THE PROVISIONS OF CLAUSES (I) THROUGH (III) OF
 THIS SUBPARAGRAPH OR SUBPARAGRAPH TWO OF THIS PARAGRAPH; OR
   (V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED  TWEN-
 TY-FIVE  OF  SUBTITLE  B  OF  TITLE  VII  OF THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT; or
   (2) a child who has a primary nighttime location that is:
   (i) a supervised publicly or privately operated  shelter  designed  to
 provide  temporary  living accommodations including, but not limited to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii) a public or private place not designed for,  or  ordinarily  used
 as, a regular sleeping accommodation for human beings, INCLUDING A CHILD
 OR YOUTH WHO IS LIVING IN A CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING,
 SUBSTANDARD HOUSING, BUS OR TRAIN STATIONS OR SIMILAR SETTING.
   (3) the term "homeless child" shall not include a child in foster care
 PLACEMENT  or  receiving  educational  services  pursuant to subdivision
 four, five, six, six-a or seven of section  thirty-two  hundred  two  of
 this article or pursuant to article eighty-one, eighty-five, eighty-sev-
 en or eighty-eight of this chapter.
   § 3. This act shall take effect immediately; provided, however, that:
   (a)  the amendments to paragraph a of subdivision 1 of section 3209 of
 the education law made by section one of this act shall  be  subject  to
 the  expiration and reversion of such paragraph pursuant to section 5 of
 chapter 101 of the laws of 2003, as amended, when  upon  such  date  the
 provisions of section two of this act shall take effect;
   (b)  the  amendments to paragraph a-1 of subdivision 1 of section 3209
 of the education law made by section one of this act  shall  not  affect
 the  expiration  of  such paragraph and shall be deemed to expire there-
 with; and
   (c) the amendments to subdivision 2-a of section 3209 of the education
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.
 
                                  PART D
 
   Section  1. The education law is amended by adding a new section 669-h
 to read as follows:
   § 669-H. EXCELSIOR SCHOLARSHIP. 1. ELIGIBILITY. AN EXCELSIOR  SCHOLAR-
 SHIP  AWARD SHALL BE MADE TO AN APPLICANT WHO: (A) IS MATRICULATED IN AN
 APPROVED PROGRAM LEADING TO AN UNDERGRADUATE DEGREE AT A NEW YORK  STATE
 PUBLIC  INSTITUTION OF HIGHER EDUCATION; (B) ENROLLS IN AND COMPLETES AT
 LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS  EQUIVALENT,  APPLICABLE
 TO  HIS  OR HER PROGRAM OR PROGRAMS OF STUDY, PROVIDED, HOWEVER, THAT AN

 A. 3006--B                         80
 
 APPLICANT MAY HAVE TWO SEMESTERS WHERE HE  OR  SHE  COMPLETES  AT  LEAST
 TWELVE  COMBINED  CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE TO HIS
 OR HER PROGRAM OR PROGRAMS OF STUDY. THE CORPORATION SHALL PRESCRIBE  IN
 REGULATION  (I)  RULES THAT ALLOW APPLICANTS WHO ARE DISABLED AS DEFINED
 BY THE AMERICANS WITH DISABILITIES ACT OF 1990,  42  USC  12101,  TO  BE
 ELIGIBLE  FOR AN AWARD PURSUANT TO THIS SECTION BASED ON MODIFIED CRITE-
 RIA, AND (II) THE LIMITED CIRCUMSTANCES IN  WHICH  THE  REQUIREMENTS  OF
 THIS  SECTION MAY BE WAIVED OR MODIFIED FOR AN APPLICANT. APPLICANTS WHO
 FAIL TO MEET THE REQUIREMENTS OF THIS SECTION SHALL BE  ABLE  TO  RE-ES-
 TABLISH ELIGIBILITY FOR AN AWARD AFTER HE OR SHE SUCCESSFULLY ENROLLS IN
 AN  COMPLETES  AT LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS EQUIV-
 ALENT, APPLICABLE TO HIS OR HER PROGRAM OR PROGRAMS OF STUDY.   NOTWITH-
 STANDING,  IN THE STUDENT'S LAST SEMESTER, THE STUDENT MAY TAKE AT LEAST
 ONE COURSE NEEDED TO MEET HIS OR HER GRADUATION REQUIREMENTS AND  ENROLL
 IN  AT  LEAST  PART-TIME  STUDY;  (C)  HAS  AN ADJUSTED GROSS INCOME, AS
 DEFINED IN THIS SUBDIVISION, EQUAL TO OR LESS THAN:    (I)  ONE  HUNDRED
 THOUSAND  DOLLARS  FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
 SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR;  (II)  ONE  HUNDRED  TEN
 THOUSAND  DOLLARS  FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN ACADEMIC YEAR; (III) ONE  HUNDRED  TWEN-
 TY-FIVE  THOUSAND  DOLLARS  FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO
 THOUSAND NINETEEN--TWO THOUSAND  TWENTY  ACADEMIC  YEAR;  AND  (IV)  ONE
 HUNDRED  FIFTY THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE
 TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR AND THEREAFT-
 ER; AND (D) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE  AND
 ALL  REQUIREMENTS  PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION
 OF THE PROGRAM. ADJUSTED GROSS INCOME SHALL BE THE TOTAL OF THE COMBINED
 ADJUSTED GROSS INCOME OF THE APPLICANT AND THE  APPLICANT'S  PARENTS  OR
 THE APPLICANT AND THE APPLICANT'S SPOUSE, IF MARRIED, AS REPORTED ON THE
 FEDERAL  INCOME TAX RETURN, OR AS OTHERWISE OBTAINED BY THE CORPORATION,
 FOR THE CALENDAR YEAR COINCIDING WITH THE TAX YEAR  ESTABLISHED  BY  THE
 U.S.  DEPARTMENT  OF EDUCATION TO QUALIFY APPLICANTS FOR FEDERAL STUDENT
 FINANCIAL AID PROGRAMS AUTHORIZED BY TITLE IV OF  THE  HIGHER  EDUCATION
 ACT  OF  NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, FOR THE SCHOOL YEAR IN
 WHICH APPLICATION FOR ASSISTANCE IS MADE.
   2. AMOUNT. AWARDS SHALL BE GRANTED BEGINNING  WITH  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN ACADEMIC YEAR AND THEREAFTER TO APPLI-
 CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO  RECEIVE  SUCH
 AWARDS.  THE  CORPORATION SHALL GRANT SUCH AWARDS IN THE AMOUNT EQUAL TO
 THE AMOUNT OF UNDERGRADUATE TUITION FOR  RESIDENTS  OF  NEW  YORK  STATE
 CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION, WHICHEVER
 IS  LESS;  PROVIDED,  HOWEVER,  (A)  A  STUDENT WHO RECEIVES EDUCATIONAL
 GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTEND-
 ANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; AND  (B)  AN
 AWARD  UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICA-
 TION OF PAYMENTS RECEIVED UNDER THE TUITION ASSISTANCE PROGRAM  PURSUANT
 TO  SECTION  SIX  HUNDRED  SIXTY-SEVEN  OF THIS SUBPART, TUITION CREDITS
 PURSUANT TO SECTION SIX HUNDRED  EIGHTY-NINE-A  OF  THIS  ARTICLE,  TWO-
 THIRDS OF ANY FEDERAL PELL GRANT PURSUANT TO SECTION ONE THOUSAND SEVEN-
 TY  OF  TITLE  TWENTY OF THE UNITED STATES CODE, ET. SEQ., AND ANY OTHER
 PROGRAM THAT COVERS THE COST OF ATTENDANCE, AND  THE  AWARD  UNDER  THIS
 PROGRAM  SHALL BE REDUCED IN THE AMOUNT EQUAL TO SUCH PAYMENTS, PROVIDED
 THAT THE COMBINED BENEFITS DO NOT EXCEED  THE  STUDENT'S  FULL  COST  OF
 TUITION.  UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITU-
 TION SHALL DEFER THE AMOUNT OF TUITION.  NOTWITHSTANDING PARAGRAPH H  OF
 SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE AND PARAGRAPH (A) OF

 A. 3006--B                         81
 
 SUBDIVISION  SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAP-
 TER, AND ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,  THE  UNDER-
 GRADUATE  TUITION  CHARGED  BY THE INSTITUTION TO RECIPIENTS OF AN AWARD
 SHALL NOT EXCEED THE TUITION RATE ESTABLISHED BY THE INSTITUTION FOR THE
 TWO  THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN ACADEMIC YEAR, PROVIDED,
 HOWEVER, THAT IN THE TWO THOUSAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO
 ACADEMIC YEAR AND EVERY FOUR YEARS THEREAFTER, THE UNDERGRADUATE TUITION
 CHARGED  BY  THE INSTITUTION TO RECIPIENTS OF AN AWARD SHALL BE RESET TO
 EQUAL THE TUITION RATE ESTABLISHED BY THE INSTITUTION FOR THE  FORTHCOM-
 ING ACADEMIC YEAR.
   3. DURATION. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE
 THAN  FOUR  ACADEMIC  YEARS  OF  FULL-TIME  UNDERGRADUATE  STUDY OR FIVE
 ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS.  AN
 ELIGIBLE  RECIPIENT  ENROLLED  IN  AN ELIGIBLE TWO YEAR PROGRAM OF STUDY
 SHALL NOT RECEIVE AN AWARD  FOR  MORE  THAN  TWO  ACADEMIC  YEARS  WHILE
 ENROLLED  IN  SUCH PROGRAM OF STUDY.  NOTWITHSTANDING, SUCH DURATION MAY
 BE EXTENDED FOR AN ALLOWABLE INTERRUPTION OF STUDY.
   4. CONDITIONS. (A) AN APPLICANT WHO WOULD BE ELIGIBLE FOR A  NEW  YORK
 STATE  TUITION  ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
 SIXTY-SEVEN OF THIS SUBPART AND/OR A  FEDERAL  PELL  GRANT  PURSUANT  TO
 SECTION  ONE THOUSAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE,
 ET. SEQ., IS REQUIRED TO APPLY FOR EACH SUCH AWARD.
   (B) AN APPLICANT WHO HAS EARNED A BACHELOR'S DEGREE IS  INELIGIBLE  TO
 RECEIVE AN AWARD PURSUANT TO THIS SECTION.
   (C) AN APPLICANT WHO HAS EARNED AN ASSOCIATE'S DEGREE IS INELIGIBLE TO
 RECEIVE  AN  AWARD  FOR  A  TWO  YEAR  PROGRAM OF STUDY PURSUANT TO THIS
 SECTION, PROVIDED, HOWEVER, THAT SUCH APPLICANT SHALL REMAIN ELIGIBLE TO
 RECEIVE AN AWARD FOR A PROGRAM OF STUDY LEADING TO A BACHELOR'S DEGREE.
   (D) NOTWITHSTANDING PARAGRAPH C OF SUBDIVISION  FOUR  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE OF THIS PART, A SCHOOL SHALL CERTIFY THAT A RECIPIENT
 HAS ACHIEVED THE MINIMUM GRADE POINT AVERAGE  NECESSARY  FOR  SUCCESSFUL
 COMPLETION OF HIS OR HER COURSEWORK TO RECEIVE PAYMENT UNDER THE AWARD.
   5.  THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
 AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE  IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

                                  PART E
 
   Section  1.  This act shall be known and may be cited as the "New York
 state DREAM act".
   § 2. The education law is amended by adding a  new  section  609-a  to
 read as follows:
   §  609-A.  NEW  YORK  DREAM  FUND  COMMISSION.   1. (A) THERE SHALL BE
 CREATED A NEW YORK DREAM FUND COMMISSION WHICH  SHALL  BE  COMMITTED  TO
 ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
   (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
 MEMBERS TO BE APPOINTED AS FOLLOWS:
   (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
 THE SENATE;
   (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
 SENATE;
   (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
 BLY;

 A. 3006--B                         82
 
   (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
 REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
 OF THE STATE.
   (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
 INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
 INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
 CHILDREN OF IMMIGRANTS.
   (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
 COMPENSATION FOR THEIR SERVICES.
   2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
   (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
   (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
   (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
 ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
 EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
 TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
 GRANTS TO THE UNITED STATES;
   (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
 DREAM FUND;
   (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
 SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
 THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
 ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
 GRANTS WITHIN HIGHER EDUCATION;
   (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
 SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
 INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
 PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
 STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
 TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
 BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
 TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
 THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
 SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
 LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
 DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
 NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
   (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
 OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
 OF IMMIGRANTS; AND
   (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
 APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
 ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
   (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
 APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
   (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
 A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
   (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
 THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
   (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
 AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
 OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
   (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
 STATES.

 A. 3006--B                         83
 
   (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
 SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
 SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
 OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
 BE  TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
 BE USED FOR ANY PURPOSE OTHER  THAN  THE  PURPOSES  SET  FORTH  IN  THIS
 SECTION.
   3.  THE  NEW  YORK  DREAM  FUND COMMISSION AND THE NEW YORK DREAM FUND
 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   § 3. Subdivision 3 of section 661 of the education law is REPEALED.
   § 4. Paragraph a of subdivision 5 of section 661 of the education law,
 as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
 follows:
   a.  (I)  Except  as provided in subdivision two of section six hundred
 seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
 applicant  for  an award at the undergraduate level of study must either
 [(i)] (A) have been a legal resident of the state for at least one  year
 immediately  preceding the beginning of the semester, quarter or term of
 attendance for which application for assistance is made, or  [(ii)]  (B)
 be  a  legal resident of the state and have been a legal resident during
 his last two semesters of high school either  prior  to  graduation,  or
 prior  to  admission  to college. Provided further that persons shall be
 eligible to receive awards under  section  six  hundred  sixty-eight  or
 section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
 residents of the state and are otherwise qualified.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
 AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
 TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
 FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 5. Paragraph b of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:

 A. 3006--B                         84
 
   b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
 PARAGRAPH, AN applicant for an award at the graduate level of study must
 either  [(i)]  (A)  have been a legal resident of the state for at least
 one year immediately preceding the beginning of the semester, quarter or
 term  of  attendance  for  which  application for assistance is made, or
 [(ii)] (B) be a legal resident of the state and have been a legal  resi-
 dent  during  his  last  academic  year  of undergraduate study and have
 continued to be a legal resident until  matriculation  in  the  graduate
 program.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
 APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
 AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
 OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
 AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
 THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
 SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
 TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
 RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
 COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
 HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 6. Paragraph d of subdivision 5 of section 661 of the education law,
 as amended by chapter 844 of the laws of 1975, is  amended  to  read  as
 follows:
   d.  If  an  applicant for an award allocated on a geographic basis has
 more than one residence in this state, his  OR  HER  residence  for  the
 purpose  of  this  article shall be his OR HER place of actual residence
 during the major part of the year while attending school, as  determined
 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
 HAVE  A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
 SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B  OF
 THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
 INSTITUTION  OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
 OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   § 7. Paragraph e of subdivision 5 of section 661 of the education law,
 as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
 follows:
   e.  Notwithstanding any other provision of this article to the contra-
 ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
 MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
 SUBDIVISION  ARE  waived  for  a member, or the spouse or dependent of a

 A. 3006--B                         85
 
 member, of the armed forces of the United  States  on  full-time  active
 duty and stationed in this state.
   §  8. Paragraph h of subdivision 2 of section 355 of the education law
 is amended by adding a new subparagraph 10 to read as follows:
   (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
 NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
 PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
 WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
 OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
 OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
 THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
 OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   § 9. Subdivision 7 of section 6206 of the education law is amended  by
 adding a new paragraph (d) to read as follows:
   (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
 LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
 PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
 WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
 OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
 OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
 THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
 OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   § 10. Section 6305 of the education law is amended  by  adding  a  new
 subdivision 8-a to read as follows:
   8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
 WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
 NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
 DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
 GRATION  STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
 OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
 THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
 OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   § 11. Paragraph d of subdivision 3 of section 6451  of  the  education
 law,  as  amended by chapter 149 of the laws of 1972, is amended to read
 as follows:
   d. Any necessary supplemental financial assistance, which may  include
 the  cost of books and necessary maintenance for such enrolled students,
 INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
 STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
 GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
 SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
 however, that such supplemental financial assistance shall be  furnished
 pursuant  to  criteria promulgated by the commissioner with the approval
 of the director of the budget.
   § 11-a. Paragraph d of subdivision 3 of section 6451 of the  education
 law,  as  amended by chapter 494 of the laws of 2016, 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

 A. 3006--B                         86
 
 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;
   § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
 of  the  education  law, as added by chapter 917 of the laws of 1970, is
 amended to read as follows:
   (v) Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such students, INCLUDING
 STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
 MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
 SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; provided, however,
 that such supplemental financial assistance shall be furnished  pursuant
 to criteria promulgated by such universities and approved by the regents
 and the director of the budget.
   §  13. Paragraph (a) of subdivision 2 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:
   (a)  (I) Undergraduate science and technology entry program moneys may
 be used for tutoring, counseling, remedial and special  summer  courses,
 supplemental  financial  assistance,  program  administration, and other
 activities which the commissioner may deem appropriate. To  be  eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support, a student must be a resident of New York [who is], OR MEET  THE
 REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
 economically disadvantaged or from a minority group  historically  under
 represented  in  the  scientific,  technical,  health and health-related
 professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved,  undergraduate  level  program  of  study,  as  defined by the
 regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
 WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
 NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMIGRATION  STATUS,
 SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
 PROVIDED THAT THE STUDENT:
   (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
 YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
 UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (2) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
 SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
 TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
 FIVE YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY  DIPLOMA,
 ATTENDED  AN  APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
 GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL  AND  APPLIED  FOR
 ATTENDANCE  AT  AN  INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
 RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE

 A. 3006--B                         87
 
 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
 COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
 HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 14. Paragraph (a) of subdivision 3 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:
   (a) (I) Graduate science and technology entry program  moneys  may  be
 used for recruitment, academic enrichment, career planning, supplemental
 financial  assistance, review for licensing examinations, program admin-
 istration, and other activities which the commissioner may  deem  appro-
 priate.  To  be  eligible for graduate collegiate science and technology
 entry program support, a student must be a resident  of  New  York  [who
 is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
 AND MUST BE either economically disadvantaged or from a  minority  group
 historically  underrepresented  in the scientific, technical and health-
 related professions. Eligible students must be in good  academic  stand-
 ing,  enrolled  full  time  in  an  approved  graduate level program, as
 defined by the regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
 EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
 NON-IMMIGRANT  ALIEN  OR  AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF  STUDY  PROVIDED
 THAT THE STUDENT:
   (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
 OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
 AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
 THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
 TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (i)  the name, address and social security number [or], employer iden-
 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR

 A. 3006--B                         88
 
 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVEN-
 TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   §  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  SEVENTEEN  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
   §  17.  The president of the higher education services corporation, in
 consultation with the commissioner  of  education,  shall  establish  an
 application  form  and  procedures  that shall allow a student applicant
 that meets the requirements set forth in subparagraph (ii) of  paragraph
 (a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
 of the education law to apply directly to the higher education  services
 corporation or education department for applicable awards without having
 to submit information to any other state or federal agency. All informa-
 tion  contained  within  the applications filed with such corporation or
 department shall be deemed confidential.
   § 18. This act shall take effect immediately; provided, however, that:
   (a) section two of this act shall take effect January 1, 2018;
   (b) sections fifteen and sixteen of this act shall take effect on  the
 ninetieth  day after it shall have become a law; provided, however, that
 any rule or regulation necessary for the timely implementation  of  this
 act  on its effective date shall be promulgated on or before such effec-
 tive date; and
   (c) sections three through fourteen and section seventeen of this  act
 shall take effect on the ninetieth day after the issuance of regulations
 and the development of an application form by the president of the high-
 er  education  services  corporation and commissioner of education or on
 the ninetieth day after it shall have become a law, whichever  shall  be
 later;  provided, however, that if chapter 494 of the laws of 2016 shall
 not have taken effect on or before such date then  section  eleven-a  of
 this  act  shall  take effect on the same date and in the same manner as
 such chapter of the laws of 2016 takes effect; provided, further, howev-
 er that effective immediately the addition, amendment and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized and directed to be made and  completed
 on  or  before such date; provided, further, however, that the president
 of the higher education services corporation  and  the  commissioner  of
 education shall notify the legislative bill drafting commission upon the
 occurrence  of the issuance of the regulations and the development of an
 application form in order that the commission may maintain  an  accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

                                  PART F
 
                           Intentionally Omitted

 A. 3006--B                         89
 
                                  PART G
 
   Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
 355 of the education law, as amended by section 1 of part D  of  chapter
 54 of the laws of 2016, is amended to read as follows:
   (4)  The trustees shall not impose a differential tuition charge based
 upon need or  income.  Except  as  hereinafter  provided,  all  students
 enrolled  in  programs  leading to like degrees at state-operated insti-
 tutions of the state university shall  be  charged  a  uniform  rate  of
 tuition  except for differential tuition rates based on state residency.
 Provided, however, that the trustees may authorize the presidents of the
 colleges of technology and the colleges of agriculture and technology to
 set differing rates of tuition for each of  the  colleges  for  students
 enrolled  in degree-granting programs leading to an associate degree and
 non-degree granting programs so long  as  such  tuition  rate  does  not
 exceed  the  tuition  rate  charged to students who are enrolled in like
 degree programs or degree-granting undergraduate programs leading  to  a
 baccalaureate  degree  at other state-operated institutions of the state
 university of New York. Notwithstanding  any  other  provision  of  this
 subparagraph, the trustees may authorize the setting of a separate cate-
 gory  of  tuition  rate, that shall be greater than the tuition rate for
 resident students and  less  than  the  tuition  rate  for  non-resident
 students,  only  for  students enrolled in distance learning courses who
 are not residents of the state. Except as otherwise authorized  in  this
 subparagraph,  the  trustees  shall  not adopt changes affecting tuition
 charges prior to the enactment of the annual  budget,  provided  however
 that:
   (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
 academic year and ending  in  the  two  thousand  fifteen--two  thousand
 sixteen academic year the state university of New York board of trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than three hundred dollars over the resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided however that commencing with  the  two  thousand
 eleven--two thousand twelve academic year [and each year thereafter] AND
 ENDING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR
 if  the  annual resident undergraduate rate of tuition would exceed five
 thousand dollars, then a tuition credit for each  eligible  student,  as
 determined  and  calculated  by  the  New  York  state  higher education
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  title, shall be applied toward the tuition charged for each semes-
 ter, quarter or term of study. Tuition for  each  semester,  quarter  or
 term  of study shall not be due for any student eligible to receive such
 tuition credit until  the  tuition  credit  is  calculated  and  applied
 against  the  tuition charged for the corresponding semester, quarter or
 term.
   (ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUS-
 TEES  SHALL  BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
 TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER  THE  RESIDENT  UNDER-
 GRADUATE  RATE  OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
 ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
 ATE RATE OF TUITION WOULD EXCEED THE MAXIMUM TUITION ASSISTANCE  PROGRAM
 AWARD  PURSUANT TO SUBITEM (C) OF ITEM ONE OF CLAUSE (A) OF SUBPARAGRAPH
 (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION  SIX  HUNDRED  SIXTY-

 A. 3006--B                         90

 SEVEN OF THIS TITLE, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS
 DETERMINED  AND  CALCULATED  BY  THE  NEW  YORK  STATE  HIGHER EDUCATION
 SERVICES CORPORATION PURSUANT TO SECTION SIX  HUNDRED  EIGHTY-NINE-A  OF
 THIS  TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMES-
 TER, QUARTER OR TERM OF STUDY. TUITION FOR  EACH  SEMESTER,  QUARTER  OR
 TERM  OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH
 TUITION CREDIT UNTIL  THE  TUITION  CREDIT  IS  CALCULATED  AND  APPLIED
 AGAINST  THE  TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR
 TERM.  PROVIDED, FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE  IN
 THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN
 APPROVED  BY  THE  BOARD  OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY,
 INSTRUCTION,  INITIATIVES  TO  IMPROVE  STUDENT  SUCCESS   AND   ON-TIME
 COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
   (III)   On   or  before  November  thirtieth,  two  thousand  [eleven]
 SEVENTEEN, the trustees shall approve and submit to the  chairs  of  the
 assembly  ways  and means committee and the senate finance committee and
 to the director of the budget a master tuition plan  setting  forth  the
 tuition  rates  that  the  trustees  propose  for resident undergraduate
 students for the five year  period  commencing  with  the  two  thousand
 [eleven]  SEVENTEEN--two  thousand  [twelve]  EIGHTEEN academic year and
 ending in the two thousand [fifteen] TWENTY-ONE-two  thousand  [sixteen]
 TWENTY-TWO  academic  year,  and shall submit any proposed amendments to
 such plan by November  thirtieth  of  each  subsequent  year  thereafter
 through  November  thirtieth,  two  thousand  [fifteen]  TWENTY-ONE, and
 provided further, that with the approval of the board of trustees,  each
 university  center may increase non-resident undergraduate tuition rates
 each year by not more than ten percent over the  tuition  rates  of  the
 prior  academic year for a six year period commencing with the two thou-
 sand eleven--two thousand twelve academic year and  ending  in  the  two
 thousand sixteen--two thousand seventeen academic year.
   [(iii)]  (IV)  Beginning  in state fiscal year two thousand twelve-two
 thousand thirteen and ending in state fiscal year two thousand  fifteen-
 -two  thousand  sixteen,  the state shall appropriate and make available
 general fund operating support, including fringe benefits, for the state
 university in an amount not less than the amount appropriated  and  made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support  for operating expenses at the state university and city univer-
 sity may be reduced in a manner proportionate to one  another,  and  the
 aforementioned provisions shall not apply.
   [(iv)]  (V)  THE  STATE  SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE
 GENERAL FUND OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE  STATE
 UNIVERSITY  IN  AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
 AVAILABLE TO THE STATE UNIVERSITY IN  STATE  FISCAL  YEAR  TWO  THOUSAND
 ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
 EIGHTEEN--TWO  THOUSAND  NINETEEN AND THEREAFTER, THE STATE SHALL APPRO-
 PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR  THE  STATE
 UNIVERSITY  AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT
 NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE  IN
 THE  PRIOR  STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO-
 PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT  TO  COVER  ALL
 MANDATORY  COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH
 SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLECTIVE
 BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
 NON-PERSONAL  SERVICE  COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND

 A. 3006--B                         91
 
 OTHER INFLATIONARY EXPENSES INCURRED BY THE  STATE  UNIVERSITY  AND  THE
 STATE  UNIVERSITY  HEALTH  SCIENCE  CENTERS.  IF  THE GOVERNOR, HOWEVER,
 DECLARES A FISCAL EMERGENCY, AND  COMMUNICATES  SUCH  EMERGENCY  TO  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE AND SPEAKER OF THE ASSEMBLY, STATE
 SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY  UNIVER-
 SITY  MAY  BE  REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE
 AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
   (VI) For the state university fiscal  years  commencing  two  thousand
 eleven--two  thousand  twelve and ending two thousand fifteen--two thou-
 sand sixteen, each university center may set  aside  a  portion  of  its
 tuition  revenues  derived  from  tuition increases to provide increased
 financial aid for New York state resident undergraduate  students  whose
 net  taxable  income  is  eighty thousand dollars or more subject to the
 approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor
 of  the state university of New York. Nothing in this paragraph shall be
 construed as to authorize that students  whose  net  taxable  income  is
 eighty  thousand  dollars  or  more  are eligible for tuition assistance
 program awards pursuant to section six hundred sixty-seven of this chap-
 ter.
   § 2. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law,  as  amended  by  section  2 of part D of chapter 54 of the laws of
 2016, is amended to read as follows:
   (a) The board of  trustees  shall  establish  positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency.  Notwithstanding  any other
 provision of this paragraph, the trustees may authorize the setting of a
 separate category of tuition  rate,  that  shall  be  greater  than  the
 tuition  rate  for  resident students and less than the tuition rate for
 non-resident students, only for students enrolled in  distance  learning
 courses who are not residents of the state; provided, however, that:
   (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
 academic year and ending  in  the  two  thousand  fifteen--two  thousand
 sixteen academic year, the city university of New York board of trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than three hundred dollars over the resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided however that commencing with  the  two  thousand
 eleven--two  thousand  twelve  academic  year and [each year thereafter]
 ENDING WITH THE TWO THOUSAND SIXTEEN--TWO  THOUSAND  SEVENTEEN  ACADEMIC
 YEAR  if  the annual resident undergraduate rate of tuition would exceed
 five thousand dollars, then a tuition credit for each eligible  student,
 as  determined  and  calculated  by  the New York state higher education

 A. 3006--B                         92
 
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  chapter,  shall  be  applied  toward  the tuition charged for each
 semester, quarter or term of study. Tuition for each  semester,  quarter
 or  term  of  study shall not be due for any student eligible to receive
 such tuition credit until the tuition credit is calculated  and  applied
 against  the  tuition charged for the corresponding semester, quarter or
 term.
   (ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUS-
 TEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE  RATE  OF
 TUITION  BY  NOT  MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT UNDER-
 GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN  THE  PRIOR
 ACADEMIC  YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
 ATE RATE OF TUITION WOULD EXCEED THE MAXIMUM TUITION ASSISTANCE  PROGRAM
 AWARD  PURSUANT TO SUBITEM (C) OF ITEM ONE OF CLAUSE (A) OF SUBPARAGRAPH
 (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION  SIX  HUNDRED  SIXTY-
 SEVEN  OF THIS CHAPTER, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT,
 AS DETERMINED AND CALCULATED BY THE  NEW  YORK  STATE  HIGHER  EDUCATION
 SERVICES  CORPORATION  PURSUANT  TO SECTION SIX HUNDRED EIGHTY-NINE-A OF
 THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH  SEMES-
 TER,  QUARTER  OR  TERM  OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR
 TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE  SUCH
 TUITION  CREDIT  UNTIL  THE  TUITION  CREDIT  IS  CALCULATED AND APPLIED
 AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER,  QUARTER  OR
 TERM.   PROVIDED, FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN
 THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN
 APPROVED BY THE BOARD OF TRUSTEES TO  SUPPORT  INVESTMENTS  IN  FACULTY,
 INSTRUCTION,   INITIATIVES   TO  IMPROVE  STUDENT  SUCCESS  AND  ON-TIME
 COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
   (III)  On  or  before  November  thirtieth,  two   thousand   [eleven]
 SEVENTEEN,  the  trustees  shall approve and submit to the chairs of the
 assembly ways and means committee and the senate finance  committee  and
 to  the  director  of the budget a master tuition plan setting forth the
 tuition rates that  the  trustees  propose  for  resident  undergraduate
 students  for  the  five  year  period  commencing with the two thousand
 [eleven] SEVENTEEN--two thousand [twelve]  EIGHTEEN  academic  year  and
 ending  in the two thousand [fifteen] TWENTY-ONE--two thousand [sixteen]
 TWENTY-TWO academic year, and shall submit any  proposed  amendments  to
 such  plan  by  November  thirtieth  of  each subsequent year thereafter
 through November thirtieth, two thousand [fifteen] TWENTY-ONE.
   [(iii)] (IV) Beginning in state fiscal year two  thousand  twelve--two
 thousand  thirteen and ending in state fiscal year two thousand fifteen-
 -two thousand sixteen, the state shall appropriate  and  make  available
 state support for operating expenses, including fringe benefits, for the
 city  university  in an amount not less than the amount appropriated and
 made available in the prior state fiscal year; provided,  however,  that
 if the governor declares a fiscal emergency, and communicates such emer-
 gency to the temporary president of the senate and speaker of the assem-
 bly,  state  support  for operating expenses of the state university and
 city university may be reduced in a manner proportionate to one another,
 and the aforementioned provisions shall not apply.
   (V) THE STATE SHALL APPROPRIATE  ANNUALLY  AND  MAKE  AVAILABLE  STATE
 SUPPORT  FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY
 UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED  AND  MADE
 AVAILABLE  TO  THE  CITY  UNIVERSITY  IN  STATE FISCAL YEAR TWO THOUSAND

 A. 3006--B                         93
 
 ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN AND THEREAFTER, THE STATE  SHALL  APPRO-
 PRIATE  AND  MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES FOR THE
 CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
 PRIATED  AND  MADE  AVAILABLE  IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
 FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
 OPERATING  SUPPORT  TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
 INCLUDING SALARY INCREMENTS, FRINGE  BENEFITS,  AND  OTHER  NON-PERSONAL
 SERVICE  COSTS  SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
 TIONARY EXPENSES INCURRED BY  THE  CITY  UNIVERSITY.  IF  THE  GOVERNOR,
 HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO
 THE  TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
 STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE  UNIVERSITY  AND  CITY
 UNIVERSITY  MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND
 THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
   § 3. Section 359 of the education law  is  amended  by  adding  a  new
 subdivision 6 to read as follows:
   6.  THE  STATE  UNIVERSITY  TRUSTEES  SHALL ANNUALLY REPORT ON HOW THE
 REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
 TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT  FINANCIAL
 ASSISTANCE  FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE TRUSTEES
 SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
   § 4. Section 6206 of the education law is  amended  by  adding  a  new
 subdivision 19 to read as follows:
   19.  THE  CITY  UNIVERSITY  TRUSTEES  SHALL ANNUALLY REPORT ON HOW THE
 REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
 TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT  FINANCIAL
 ASSISTANCE  FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE TRUSTEES
 SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
   § 5. Section 689-a of the education law, as added by  chapter  260  of
 the laws of 2011, is amended to read as follows:
   §  689-a.  Tuition  credits.  1.  The  New York state higher education
 services corporation shall calculate a tuition credit for each  resident
 undergraduate student who has filed an application with such corporation
 for  a  tuition assistance program award pursuant to section six hundred
 sixty-seven of this article, and is determined to be eligible to receive
 such award, and is also enrolled in a program of undergraduate study  at
 a  state  operated or senior college of the state university of New York
 or the city university of New York where the annual resident undergradu-
 ate tuition rate will exceed [five thousand dollars] THE MAXIMUM TUITION
 ASSISTANCE PROGRAM AWARD PURSUANT TO SUBITEM (C) OF ITEM ONE  OF  CLAUSE
 (A)  OF  SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION
 SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE.  Such tuition credit  shall  be
 calculated  for  each semester, quarter or term of study that tuition is
 charged and tuition for the  corresponding  semester,  quarter  or  term
 shall not be due for any student eligible to receive such tuition credit
 until  such  credit  is  calculated,  the  student  and school where the
 student is enrolled is notified of the tuition credit amount,  and  such
 tuition credit is applied toward the tuition charged.
   2.  Each  tuition  credit  pursuant to this section shall be an amount
 equal to the product of the total annual resident undergraduate  tuition
 rate  minus  [five  thousand  dollars]  THE  MAXIMUM  TUITION ASSISTANCE
 PROGRAM AWARD PURSUANT TO SUBITEM (C) OF  ITEM  ONE  OF  CLAUSE  (A)  OF
 SUBPARAGRAPH  (I)  OF  PARAGRAPH  A  OF SUBDIVISION THREE OF SECTION SIX
 HUNDRED SIXTY-SEVEN OF THIS ARTICLE, then multiplied by an amount  equal

 A. 3006--B                         94
 
 to  the  product  of  the total annual award for the student pursuant to
 section six hundred sixty-seven of this article  divided  by  an  amount
 equal to the maximum amount the student qualifies to receive pursuant to
 clause  (A)  of  subparagraph (i) of paragraph a of subdivision three of
 section six hundred sixty-seven of this article.
   § 6. Section 22-c of the state finance law is amended by adding a  new
 subdivision 7 to read as follows:
   7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND EIGHTEEN
 AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO THE
 LEGISLATURE  AS  PART  OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPITAL
 PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE-OPERATED  CAMPUSES  AND
 CITY  UNIVERSITY  OF NEW YORK SENIOR COLLEGES.  SUCH PLANS SHALL PROVIDE
 FOR THE ANNUAL APPROPRIATION OF  CAPITAL  FUNDS  TO  COVER  ONE  HUNDRED
 PERCENT  OF  THE  ANNUAL  CRITICAL  MAINTENANCE NEEDS IDENTIFIED BY EACH
 UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR OTHER
 MAJOR CAPITAL INITIATIVES, PROVIDED THAT SUCH FUNDING  FOR  NEW  INFRAS-
 TRUCTURE  OR  OTHER  MAJOR  CAPITAL  INITIATIVES SHALL NOT COUNT TOWARDS
 MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT.  IN THE EVENT THAT
 SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRITICAL  MAINTE-
 NANCE  NEEDS  DUE  TO  THE  LIMITATION IMPOSED BY ARTICLE FIVE-B OF THIS
 CHAPTER, THE DIRECTOR OF THE  BUDGET  SHALL  DEVELOP  FIVE-YEAR  CAPITAL
 PLANS  WHEREBY  THE  IMPLEMENTATION  OF EACH CAPITAL PLAN WOULD ANNUALLY
 REDUCE THE OVERALL FACILITY CONDITION INDEX FOR EACH UNIVERSITY  SYSTEM.
 FOR  THE  PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX" SHALL
 MEAN AN INDUSTRY BENCHMARK THAT MEASURES THE RATIO OF  DEFERRED  MAINTE-
 NANCE  DOLLARS  TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING THE
 EFFECT OF INVESTING IN FACILITY  IMPROVEMENTS.    THE  APPORTIONMENT  OF
 CAPITAL  APPROPRIATIONS  TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE
 SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR  OF  THE
 BUDGET,  IN  CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND CITY
 UNIVERSITY OF NEW YORK.
   § 7. Section 16 of chapter 260 of the laws of 2011 amending the educa-
 tion law and the New York state urban development corporation act relat-
 ing to establishing components  of  the  NY-SUNY  2020  challenge  grant
 program,  as amended by section 5 of part D of chapter 54 of the laws of
 2016, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided that  sections
 one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
 thirteen of this act shall expire [6] 11 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and provided further that sections fourteen  and  fifteen  of  this  act
 shall  expire  5 years after such effective date when upon such date the
 provisions of this act shall be deemed repealed.
   § 8. This act shall take effect immediately; provided that the  amend-
 ments  to  subparagraph 4 of paragraph h of subdivision 2 of section 355
 of the education law made by section one of this act and the  amendments
 to  paragraph  (a) of subdivision 7 of section 6206 of the education law
 made by section two of this act shall not affect the expiration of  such
 provisions  and  shall  be deemed to expire therewith; provided further,
 however, that the amendments to section 689-a of the education law  made
 by  section five of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.
 
                                  PART H

 A. 3006--B                         95
 
   Section 1. The education law is amended by adding a new article 128 to
 read as follows:
 
                                ARTICLE 128
        PUBLIC UNIVERSITY AFFILIATED ORGANIZATIONS AND FOUNDATIONS
 
 SECTION  6361.  FOUNDATION  CONTRIBUTIONS TO THE STATE UNIVERSITY OF NEW
 YORK AND CITY UNIVERSITY OF NEW YORK.
   § 6361. FOUNDATION CONTRIBUTIONS TO THE STATE UNIVERSITY OF  NEW  YORK
 AND CITY UNIVERSITY OF NEW YORK. 1. ANY AFFILIATED ORGANIZATION OR FOUN-
 DATION OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW
 YORK  SHALL  EXAMINE THEIR MISSION, AND CONSISTENT WITH SUCH MISSION AND
 TO THE EXTENT LEGAL AND PRACTICAL, SUPPORT PROGRAMS, SERVICES, AND SCHO-
 LARSHIPS TO PROVIDE ADDITIONAL BENEFITS FOR STUDENTS ATTENDING THE STATE
 UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK, RESPECTIVELY.
   2. AS DEFINED IN THIS SECTION "AFFILIATED ORGANIZATION OR  FOUNDATION"
 MEANS  AN  ORGANIZATION  OR  FOUNDATION  FORMED UNDER THE NOT-FOR-PROFIT
 CORPORATION LAW OR ANY  OTHER  ENTITY  FORMED  FOR  THE  BENEFIT  OF  OR
 CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF
 NEW YORK OR THEIR RESPECTIVE UNIVERSITIES, COLLEGES, COMMUNITY COLLEGES,
 CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF THE STATE
 UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY UNIVERSI-
 TY OF NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR PROVIDING
 A  DIRECT  BENEFIT  TO,  THE  RESPECTIVE  UNIVERSITY, COLLEGE, COMMUNITY
 COLLEGE, CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A  WHOLE,  THAT  HAS
 CONTROL  OF,  MANAGES  OR  RECEIVES ONE HUNDRED THOUSAND DOLLARS OR MORE
 ANNUALLY, INCLUDING  ALUMNI  ASSOCIATIONS.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THIS TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED
 SOLELY  OF  ENROLLED  STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A
 STUDENT OBJECTIVE.
   § 2. This act shall take effect immediately, and shall  be  deemed  to
 have been in full force and effect on or after April 1, 2017.
 
                                  PART I
 
   Section  1.  Subdivision  (c)  of section 609 of the limited liability
 company law, as added by chapter 537 of the laws of 2014, is amended  to
 read as follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as  determined as of the beginning of the period during which the unpaid
 services referred to in this section are performed,  of  every  DOMESTIC
 limited  liability  company AND EVERY FOREIGN LIMITED LIABILITY COMPANY,
 shall jointly and severally be personally liable for all debts, wages or
 salaries due and owing to any of its laborers,  servants  or  employees,
 for  services  performed  by  them  for  such limited liability company.
 [Before such laborer, servant or employee shall charge such  member  for
 such  services,  he  or  she shall give notice in writing to such member
 that he or she intends to hold such member liable  under  this  section.
 Such  notice  shall be given within one hundred eighty days after termi-
 nation of such services. An action to enforce such  liability  shall  be
 commenced  within  ninety days after the return of an execution unsatis-
 fied against the limited liability company  upon  a  judgment  recovered
 against  it  for  such services.] A member who has paid more than his or
 her pro rata share under this section shall be entitled to  contribution
 pro  rata  from the other members liable under this section with respect

 A. 3006--B                         96
 
 to the excess so paid, over and above his or her pro rata share, and may
 sue them jointly or severally or any  number  of  them  to  recover  the
 amount  due from them. Such recovery may be had in a separate action. As
 used  in  this subdivision, "pro rata" means in proportion to percentage
 ownership interest. Before a member may claim  contribution  from  other
 members  under this section, he or she shall give them notice in writing
 that he or she intends to hold them so liable to him or her.
   § 2. Section 1102 of the limited liability company law is  amended  by
 adding a new subdivision (e) to read as follows:
   (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
 EE  OF  A  LIMITED  LIABILITY  COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
 DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT  OR  ATTOR-
 NEY,  DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
 SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE  PERIOD  OF  TIME  DURING
 WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
 NY.  A  COMPANY  REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA-
 GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
 FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND  SHALL
 NOT  BE  REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.  UPON
 REFUSAL BY THE COMPANY OR BY AN OFFICER  OR  AGENT  OF  THE  COMPANY  TO
 PERMIT  AN  INSPECTION  OF  THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE
 PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE  SUPREME  COURT
 IN  THE  JUDICIAL  DISTRICT  WHERE THE OFFICE OF THE COMPANY IS LOCATED,
 UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR  AN  ORDER  DIRECTING  THE
 COMPANY,  ITS  MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
 BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
 DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
 ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT  IS
 QUALIFIED  AND  ENTITLED  TO  SUCH  INSPECTION, THE COURT SHALL GRANT AN
 ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS  TO
 THE  COURT  MAY  SEEM  JUST  AND PROPER. IF THE APPLICANT IS FOUND TO BE
 QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE  COMPANY  SHALL  PAY  ALL
 REASONABLE  ATTORNEY'S  FEES  AND COSTS OF SAID APPLICANT RELATED TO THE
 DEMAND FOR INSPECTION OF THE RECORDS.
   § 3. Subdivision 1 of section 196 of  the  labor  law  is  amended  by
 adding a new paragraph f to read as follows:
   F.  WHEN  AN  EMPLOYER  IS A CORPORATION OR LIMITED LIABILITY COMPANY,
 INCLUDING FOREIGN AS WELL AS DOMESTIC, THE COMMISSIONER'S DUTIES, POWERS
 AND AUTHORITY SHALL INCLUDE THE FOLLOWING WITH RESPECT TO THE TEN  LARG-
 EST  SHAREHOLDERS,  WITHIN  THE MEANING OF SECTION SIX HUNDRED THIRTY OF
 THE BUSINESS CORPORATION LAW,  OR  THE  TEN  MEMBERS  WITH  THE  LARGEST
 PERCENTAGE OWNERSHIP INTEREST, WITHIN THE MEANING OF SECTION SIX HUNDRED
 NINE OF THE LIMITED LIABILITY COMPANY LAW, IN CONNECTION WITH AN ASSIGN-
 MENT,  INVESTIGATION, PROCEEDING, ORDER, OR JUDGMENT UNDER THIS ARTICLE,
 UNDER SECTION TWO HUNDRED FIFTEEN,  OR  UNDER  ARTICLE  EIGHT,  EIGHT-A,
 NINE, NINETEEN, NINETEEN-A OR TWENTY-FIVE-A OF THIS CHAPTER:
   (I)  TO  ORDER  THE EMPLOYER TO IDENTIFY SUCH SHAREHOLDERS AND MEMBERS
 AND, IF THE EMPLOYER SHALL FAIL TO IDENTIFY SUCH SHAREHOLDERS WITHIN TEN
 DAYS AFTER AN ORDER UNDER THIS SUBPARAGRAPH, TO BRING AN ACTION  IN  THE
 NAME  AND  ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK AGAINST SUCH
 EMPLOYER IN THE SUPREME COURT TO COMPEL SUCH EMPLOYER TO  IDENTIFY  SUCH
 SHAREHOLDERS  AND  MEMBERS  AND  PAY A CIVIL PENALTY OF NO MORE THAN TEN
 THOUSAND DOLLARS;
   (II) TO SERVE WRITTEN NOTICES ON SUCH SHAREHOLDERS AND MEMBERS  PURSU-
 ANT  TO  SECTION  SIX HUNDRED THIRTY OF THE BUSINESS CORPORATION LAW AND
 SECTION SIX HUNDRED NINE OF THE LIMITED LIABILITY COMPANY LAW, ON BEHALF

 A. 3006--B                         97
 
 OF LABORERS, SERVANTS OR EMPLOYEES, WITHIN THE TIME PERIOD PRESCRIBED BY
 THOSE SECTIONS, WHICH TIME PERIOD SHALL BE TOLLED DURING THE COMMISSION-
 ER'S INVESTIGATION; AND
   (III)  TO NAME SUCH SHAREHOLDERS AND MEMBERS IN ANY ORDER OR JUDGEMENT
 WITHIN THE SCOPE OF THIS PARAGRAPH AND TO  HOLD  SUCH  SHAREHOLDERS  AND
 MEMBERS  JOINTLY  AND  SEVERALLY  LIABLE FOR ALL WAGES, PAY, AND COMPEN-
 SATION, TOGETHER WITH INTEREST ASSESSED UNDER  THIS  CHAPTER,  FROM  THE
 DATE  OF  ANY WRITTEN NOTICE PURSUANT TO SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH, WHICH ORDERS AND JUDGMENTS MAY BE ENFORCED AS PROVIDED FOR  UNDER
 THIS  CHAPTER,  IN  LIEU  OF ACTIONS COMMENCED UNDER SECTION SIX HUNDRED
 THIRTY OF THE BUSINESS CORPORATION LAW AND SECTION SIX HUNDRED  NINE  OF
 THE LIMITED LIABILITY COMPANY LAW.
   §  4.  Subdivision  3 of section 199-a of the labor law, as amended by
 chapter 564 of the laws of 2010, is amended to read as follows:
   3. Each employee and his or her  authorized  representative  shall  be
 notified  in  writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-
 GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
 of any award and collection of back wages and civil  penalties,  and  of
 any intent to seek criminal penalties. In the event that criminal penal-
 ties  are  sought  the employee and his or her authorized representative
 shall be notified of the outcome of prosecution.
   § 5. Subdivision 2 of section 663 of the  labor  law,  as  amended  by
 chapter 564 of the laws of 2010, is amended to read as follows:
   2.  By commissioner. On behalf of any employee paid less than the wage
 to which the employee is entitled under the provisions of this  article,
 the  commissioner may bring any legal action necessary, including admin-
 istrative action, to collect such  claim,  and  the  employer  shall  be
 required  to  pay  the  full amount of the underpayment, plus costs, and
 unless the employer proves a good faith basis to believe that its under-
 payment was in compliance with the law, an additional amount  as  liqui-
 dated damages. Liquidated damages shall be calculated by the commission-
 er  as  no  more  than  one  hundred  percent  of  the  total  amount of
 underpayments found to be due the employee. In any action brought by the
 commissioner in a court of competent  jurisdiction,  liquidated  damages
 shall  be calculated as an amount equal to one hundred percent of under-
 payments found to be due the employee.  EACH  EMPLOYEE  OR  HIS  OR  HER
 AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
 ANY  LEGAL  ACTION  BROUGHT  ON  THE  EMPLOYEE'S BEHALF PURSUANT TO THIS
 SECTION.
   § 6. Section 2 of the lien law is amended by adding three new subdivi-
 sions 21, 22 and 23 to read as follows:
   21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
 HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
 TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
 STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
   22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
 HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-
 TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
 STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
   23. WAGE CLAIM. THE TERM "WAGE CLAIM",  WHEN  USED  IN  THIS  CHAPTER,
 MEANS  A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE
 HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED  NINETY-THREE,  ONE
 HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
 OF  THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED
 BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN
 EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A

 A. 3006--B                         98
 
 CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C.  §  206  OR
 207.
   §  7. Section 3 of the lien law, as amended by chapter 137 of the laws
 of 1985, is amended to read as follows:
   § 3. Mechanic's lien  AND  EMPLOYEE'S  LIEN  on  [real]  property.  1.
 MECHANIC'S  LIEN.  A  contractor,  subcontractor,  laborer, materialman,
 landscape gardener, nurseryman or person or corporation selling fruit or
 ornamental trees, roses, shrubbery, vines and small fruits, who performs
 labor or furnishes materials for the improvement of real  property  with
 the  consent  or  at  the request of the owner thereof, or of his agent,
 contractor or subcontractor, and any trust fund to  which  benefits  and
 wage  supplements  are  due or payable for the benefit of such laborers,
 shall have a lien for the principal and interest, of the value,  or  the
 agreed price, of such labor, including benefits and wage supplements due
 or  payable  for  the benefit of any laborer, or materials upon the real
 property improved or to be improved and upon such improvement, from  the
 time  of  filing  a  notice  of such lien as prescribed in this chapter.
 Where the contract for an improvement is made with a husband or wife and
 the property belongs to the other or both, the husband or wife contract-
 ing shall also be presumed to be the agent of  the  other,  unless  such
 other  having  knowledge of the improvement shall, within ten days after
 learning of the contract give the contractor written notice  of  his  or
 her  refusal  to  consent  to the improvement. Within the meaning of the
 provisions of this chapter, materials actually manufactured for but  not
 delivered  to  the  real  property, shall also be deemed to be materials
 furnished.
   2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT  TERM  IS
 DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
 HAVE  A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE VALUE
 OF THE WAGE CLAIM ARISING OUT OF THE  EMPLOYMENT,  INCLUDING  LIQUIDATED
 DAMAGES  PURSUANT  TO  SUBDIVISION  ONE-A OF SECTION ONE HUNDRED NINETY-
 EIGHT, SECTION SIX HUNDRED SIXTY-THREE OR SECTION SIX HUNDRED EIGHTY-ONE
 OF THE LABOR LAW, OR 29 U.S.C. § 216 (B), FROM  THE  TIME  OF  FILING  A
 NOTICE  OF  SUCH  LIEN AS PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S LIEN
 BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTEREST IN REAL
 PROPERTY AND AGAINST THE EMPLOYER'S INTEREST IN PERSONAL  PROPERTY  THAT
 CAN BE SUFFICIENTLY DESCRIBED WITHIN THE MEANING OF SECTION 9-108 OF THE
 UNIFORM COMMERCIAL CODE, EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND
 TO DEPOSIT ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102
 OF  THE UNIFORM COMMERCIAL CODE.  THE DEPARTMENT OF LABOR AND THE ATTOR-
 NEY GENERAL MAY OBTAIN AN EMPLOYEE'S LIEN FOR THE VALUE OF  WAGE  CLAIMS
 OF  THE  EMPLOYEES  WHO  ARE  THE SUBJECT OF THEIR INVESTIGATIONS, COURT
 ACTIONS OR ADMINISTRATIVE AGENCY ACTIONS.
   3. AS USED IN THIS ARTICLE AND  UNLESS  OTHERWISE  SPECIFIED,  A  LIEN
 SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN.
   §  8. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1
 as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
 by chapter 704 of the laws of 1985, are amended to read as follows:
   (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
 REAL PROPERTY shall extend to the owner's right, title  or  interest  in
 the  real  property and improvements, existing at the time of filing the
 notice of lien, or thereafter acquired, except as  hereinafter  in  this
 article provided. If an owner assigns his interest in such real property
 by a general assignment for the benefit of creditors, within thirty days
 prior  to  such  filing,  the  lien  shall  extend  to the interest thus
 assigned. If any part of the real property subjected  to  such  lien  be

 A. 3006--B                         99
 
 removed  by  the  owner  or  by any other person, at any time before the
 discharge thereof, such removal shall  not  affect  the  rights  of  the
 lienor, either in respect to the remaining real property, or the part so
 removed.  If  labor  is  performed  for,  or  materials  furnished to, a
 contractor or subcontractor for  an  improvement,  the  MECHANIC'S  lien
 shall  not  be  for  a sum greater than the sum earned and unpaid on the
 contract at the time of filing the notice of lien, and  any  sum  subse-
 quently  earned  thereon. In no case shall the owner be liable to pay by
 reason of all MECHANIC'S liens created pursuant to this  article  a  sum
 greater  than  the  value  or  agreed  price  of the labor and materials
 remaining unpaid, at the time of filing notices of such liens, except as
 hereinafter provided.
   (2) [Such] A MECHANIC'S OR EMPLOYEE'S lien shall  not  extend  to  the
 owner's  right,  title  or  interest  in real property and improvements,
 existing at the time of filing the notice of lien if  such  lien  arises
 from the failure of a lessee of the right to explore, develop or produce
 natural  gas or oil, to pay for, compensate or render value for improve-
 ments made with the consent or at  the  request  of  such  lessee  by  a
 contractor,  subcontractor,  materialman,  equipment  operator or owner,
 landscaper, nurseryman, or person or corporation who performs  labor  or
 furnishes  materials  for the exploration, development, or production of
 oil or natural gas or otherwise  improves  such  leased  property.  Such
 MECHANIC'S  OR EMPLOYEE'S lien shall extend to the improvements made for
 the exploration, development and production of oil and natural gas,  and
 the  working  interest held by a lessee of the right to explore, develop
 or produce oil and natural gas.
   § 9. The opening paragraph of section 4-a of the lien law, as  amended
 by chapter 696 of the laws of 1959, is amended to read as follows:
   The  proceeds  of  any  insurance which by the terms of the policy are
 payable to the owner of real property improved, and actually received or
 to be received by him because of the destruction or removal by  fire  or
 other  casualty  of an improvement on which lienors have performed labor
 or services or for which they have furnished materials, OR UPON WHICH AN
 EMPLOYEE HAS ESTABLISHED AN EMPLOYEE'S LIEN, shall after the  owner  has
 been  reimbursed  therefrom  for  premiums paid by him, if any, for such
 insurance, be subject to liens provided by this act to the  same  extent
 and  in  the same order of priority as the real property would have been
 had such improvement not been so destroyed or removed.
   § 10. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
 by chapter 515 of the laws of 1929, are amended to read as follows:
   1. The name OF THE LIENOR, and EITHER THE residence of the  lienor  OR
 THE  NAME  AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if
 the lienor is a partnership or a corporation, the  business  address  of
 such  firm, or corporation, the names of partners and principal place of
 business, and if a foreign corporation, its principal place of  business
 within the state.
   2. The name of the owner of the [real] property against whose interest
 therein a lien is claimed, and the interest of the owner as far as known
 to the lienor.
   5. The amount unpaid to the lienor for such labor or materials, OR THE
 AMOUNT  OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT
 OF THE LIEN, THE ITEMS OF THE WAGE CLAIM AND  THE  VALUE  THEREOF  WHICH
 MAKE UP THE AMOUNT FOR WHICH THE LIENOR CLAIMS A LIEN.
   § 11. Subdivision 1 of section 10 of the lien law, as amended by chap-
 ter 367 of the laws of 2011, is amended to read as follows:

 A. 3006--B                         100
 
   1.  (A)  Notice of MECHANIC'S lien may be filed at any time during the
 progress of the work and the furnishing of  the  materials,  or,  within
 eight months after the completion of the contract, or the final perform-
 ance  of the work, or the final furnishing of the materials, dating from
 the last item of work performed or materials furnished; provided, howev-
 er,  that  where the improvement is related to real property improved or
 to be improved with a single family dwelling, the notice  of  MECHANIC'S
 lien  may  be  filed at any time during the progress of the work and the
 furnishing of the materials, or, within four months after the completion
 of the contract, or the final performance of  the  work,  or  the  final
 furnishing of the materials, dating from the last item of work performed
 or materials furnished; and provided further where the notice of MECHAN-
 IC'S  lien  is for retainage, the notice of MECHANIC'S lien may be filed
 within ninety days after the date the retainage was due to be  released;
 except  that  in  the case of a MECHANIC'S lien by a real estate broker,
 the notice of MECHANIC'S lien may be filed only after the performance of
 the brokerage services and execution of lease by both lessor and  lessee
 and  only  if  a  copy of the alleged written agreement of employment or
 compensation is annexed to the notice of lien, provided that  where  the
 payment  pursuant to the written agreement of employment or compensation
 is to be made in installments, then a notice of lien may be filed within
 eight months after the final payment is due, but in no event later  than
 a date five years after the first payment was made. For purposes of this
 section,  the term "single family dwelling" shall not include a dwelling
 unit which is a part of a subdivision that has been filed with a munici-
 pality in which the subdivision is located when at the time the lien  is
 filed,  such  property  in the subdivision is owned by the developer for
 purposes other  than  his  personal  residence.  For  purposes  of  this
 section,  "developer"  shall  mean  and  include any private individual,
 partnership, trust or corporation which improves two or more parcels  of
 real  property  with single family dwellings pursuant to a common scheme
 or plan. [The]
   (B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER  THAN
 THREE  YEARS FOLLOWING THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
 CLAIM.
   (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
 be filed in the clerk's office of the county where the property is situ-
 ated. If such property is situated in two or more counties,  the  notice
 of  lien shall be filed in the office of the clerk of each of such coun-
 ties. The county clerk of each county shall provide and keep a  book  to
 be  called  the  "lien docket," which shall be suitably ruled in columns
 headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"
 "time of filing," "proceedings had," in each of which he shall enter the
 particulars  of  the  notice, properly belonging therein. The date, hour
 and minute of the filing of each notice of lien shall be entered in  the
 proper  column.  Except  where the county clerk maintains a block index,
 the names of the owners shall be arranged in such book  in  alphabetical
 order.  The  validity of the lien and the right to file a notice thereof
 shall not be affected by the death of the owner  before  notice  of  the
 lien is filed.  A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
 FILED,  TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
 FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
   § 12. Section 11 of the lien law, as amended by  chapter  147  of  the
 laws of 1996, is amended to read as follows:
   §  11.  Service of copy of notice of lien.  1. Within five days before
 or thirty days after filing the notice of A MECHANIC'S lien, the  lienor

 A. 3006--B                         101
 
 shall  serve  a copy of such notice upon the owner, if a natural person,
 (a) by delivering the same to him personally, or if the owner cannot  be
 found,  to his agent or attorney, or (b) by leaving it at his last known
 place  of  residence  in  the city or town in which the real property or
 some part thereof is  situated,  with  a  person  of  suitable  age  and
 discretion, or (c) by registered or certified mail addressed to his last
 known  place of residence, or (d) if such owner has no such residence in
 such city or town, or cannot be found, and he has no agent or  attorney,
 by  affixing  a copy thereof conspicuously on such property, between the
 hours of nine o'clock in the forenoon and four o'clock in the afternoon;
 if the owner be a corporation, said service shall be made (i) by  deliv-
 ering  such copy to and leaving the same with the president, vice-presi-
 dent, secretary or clerk to the corporation, the cashier, treasurer or a
 director or managing agent thereof, personally,  within  the  state,  or
 (ii) if such officer cannot be found within the state by affixing a copy
 thereof conspicuously on such property between the hours of nine o'clock
 in  the  forenoon  and four o'clock in the afternoon, or (iii) by regis-
 tered or certified mail addressed to its last known place  of  business.
 Failure  to  file  proof  of such a service with the county clerk within
 thirty-five days after the notice of lien is filed shall  terminate  the
 notice  as  a  lien. Until service of the notice has been made, as above
 provided, an owner, without knowledge of the lien, shall be protected in
 any payment made in good faith to any contractor or other person  claim-
 ing a lien.
   2.  WITHIN  FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF
 AN EMPLOYEE'S LIEN, THE LIENOR SHALL SERVE A COPY OF  SUCH  NOTICE  UPON
 THE  EMPLOYER,  IF  A  NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM
 PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT  OR  ATTOR-
 NEY,  OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR BUSI-
 NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
 OR CERTIFIED MAIL ADDRESSED TO HIS LAST  KNOWN  PLACE  OF  RESIDENCE  OR
 BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
 THEREOF  CONSPICUOUSLY  ON  SUCH  PROPERTY,  BETWEEN  THE  HOURS OF NINE
 O'CLOCK IN THE FORENOON AND FOUR O'CLOCK IN THE  AFTERNOON.  THE  LIENOR
 ALSO  SHALL,  WITHIN  THIRTY  DAYS AFTER FILING THE NOTICE OF EMPLOYEE'S
 LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED
 IN THE NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE  O'CLOCK  IN
 THE  FORENOON  AND  FOUR  O'CLOCK IN THE AFTERNOON. IF THE EMPLOYER BE A
 CORPORATION, SAID SERVICE SHALL BE MADE (I) BY DELIVERING SUCH  COPY  TO
 AND  LEAVING  THE  SAME WITH THE PRESIDENT, VICE-PRESIDENT, SECRETARY OR
 CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG-
 ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER
 CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS-
 LY ON SUCH PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK  IN  THE  FORENOON
 AND  FOUR  O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED OR CERTIFIED
 MAIL ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY  DELIVERY
 TO  THE  SECRETARY  OF  THE  DEPARTMENT  OF  STATE IN THE SAME MANNER AS
 REQUIRED BY SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION  THREE  HUNDRED
 SIX  OF  THE  BUSINESS CORPORATION LAW.  FAILURE TO FILE PROOF OF SUCH A
 SERVICE WITH THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER  THE  NOTICE
 OF  LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE OF
 THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
 OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
 OTHER PERSON CLAIMING A LIEN.
   § 13. Section 11-b of the lien law, as amended by chapter 147  of  the
 laws of 1996, is amended to read as follows:

 A. 3006--B                         102
 
   §  11-b.  Copy of notice of MECHANIC'S lien to a contractor or subcon-
 tractor.  Within five days before or thirty days after filing  a  notice
 of MECHANIC'S lien in accordance with section ten of this chapter or the
 filing  of  an amendment of notice of MECHANIC'S lien in accordance with
 section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy
 of such notice or amendment by certified mail on the contractor, subcon-
 tractor, assignee or legal representative for whom he was employed or to
 whom  he furnished materials or if the lienor is a contractor or subcon-
 tractor to the person, firm or corporation with whom  the  contract  was
 made.  A  lienor having a direct contractual relationship with a subcon-
 tractor or a sub-subcontractor but not  with  a  contractor  shall  also
 serve  a  copy  of  such  notice  or  amendment by certified mail to the
 contractor. Failure to file proof of such  a  service  with  the  county
 clerk  within  thirty-five  days after the notice of lien is filed shall
 terminate the notice as a lien. Any lienor, or a person acting on behalf
 of a lienor, who fails to serve a copy of the notice of MECHANIC'S  lien
 as  required  by  this section shall be liable for reasonable attorney's
 fees, costs and expenses,  as  determined  by  the  court,  incurred  in
 obtaining such copy.
   §  14.  Subdivision  1  of section 12-a of the lien law, as amended by
 chapter 1048 of the laws of 1971, is amended to read as follows:
   1. Within sixty days after the original filing, a lienor may amend his
 lien upon twenty days notice to existing  lienors,  mortgagees  and  the
 owner,  provided  that  no action or proceeding to enforce or cancel the
 mechanics' lien OR EMPLOYEE'S LIEN has  been  brought  in  the  interim,
 where  the purpose of the amendment is to reduce the amount of the lien,
 except the question of wilful exaggeration shall survive such amendment.
   § 15. Subdivision 1 of section 13 of the lien law, as amended by chap-
 ter 878 of the laws of 1947, is amended to read as follows:
   (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
 performed in the improvement of real property, shall have priority  over
 a  conveyance,  mortgage,  judgment or other claim against such property
 not recorded, docketed or filed at the time of the filing of the  notice
 of  such  lien,  except  as  hereinafter  in this chapter provided; over
 advances made upon any mortgage or other encumbrance thereon after  such
 filing,  except  as  hereinafter  in this article provided; and over the
 claim of a creditor who has not furnished materials or  performed  labor
 upon such property, if such property has been assigned by the owner by a
 general  assignment  for  the  benefit  of creditors, within thirty days
 before the filing of either of such notices; and also over an attachment
 hereafter issued or a money judgment hereafter recovered upon  a  claim,
 which,  in  whole  or  in  part,  was not for materials furnished, labor
 performed or moneys advanced for the improvement of such real  property;
 and  over  any claim or lien acquired in any proceedings upon such judg-
 ment. Such liens shall also have priority  over  advances  made  upon  a
 contract  by an owner for an improvement of real property which contains
 an option to the contractor, his successor or assigns  to  purchase  the
 property, if such advances were made after the time when the labor began
 or  the first item of material was furnished, as stated in the notice of
 lien. If several buildings are demolished, erected, altered or repaired,
 or several pieces or parcels of real property are  improved,  under  one
 contract,  and  there  are  conflicting liens thereon, each lienor shall
 have priority upon the particular part of the real property or upon  the
 particular  building  or  premises  where  his labor is performed or his
 materials are used. Persons shall have no priority  on  account  of  the
 time of filing their respective notices of liens, but all liens shall be

 A. 3006--B                         103
 
 on  a  parity except as hereinafter in section fifty-six of this chapter
 provided; and except that in all cases  laborers  for  daily  or  weekly
 wages  WITH  A  MECHANIC'S  LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN,
 shall have preference over all other claimants under this article.
   §  16.  Section  17  of the lien law, as amended by chapter 324 of the
 laws of 2000, is amended to read as follows:
   § 17. Duration of lien. 1. (A) No MECHANIC'S lien  specified  in  this
 article  shall  be  a  lien  for a longer period than one year after the
 notice of lien has been filed, unless within  that  time  an  action  is
 commenced  to  foreclose  the lien, and a notice of the pendency of such
 action, whether in a court of record or in a court  not  of  record,  is
 filed with the county clerk of the county in which the notice of lien is
 filed,  containing the names of the parties to the action, the object of
 the action, a brief description of the real property  affected  thereby,
 and  the  time  of  filing the notice of lien; or unless an extension to
 such lien, except for a lien on real property improved or to be improved
 with a single family dwelling, is filed with the  county  clerk  of  the
 county  in  which  the  notice of lien is filed within one year from the
 filing of the original notice of lien, continuing  such  lien  and  such
 lien  shall  be redocketed as of the date of filing such extension. Such
 extension shall contain the names of the lienor and  the  owner  of  the
 real  property  against  whose  interest therein such lien is claimed, a
 brief description of the real property affected by such lien, the amount
 of such lien, and the date of filing the notice of lien. No  lien  shall
 be  continued  by  such extension for more than one year from the filing
 thereof. In the event an action is not commenced to foreclose  the  lien
 within  such  extended period, such lien shall be extinguished unless an
 order be granted by a court of record or a  judge  or  justice  thereof,
 continuing  such  lien, and such lien shall be redocketed as of the date
 of granting such order and a statement made that such lien is  continued
 by  virtue  of  such  order.  A  lien on real property improved or to be
 improved with a single family dwelling may only be extended by an  order
 of  a  court  of record, or a judge or justice thereof. No lien shall be
 continued by court order for more than one year from the granting there-
 of, but a new order and entry may be made  in  each  of  two  successive
 years.  If  a  lienor  is made a party defendant in an action to enforce
 another lien, and the plaintiff or such defendant has filed a notice  of
 the  pendency  of the action within the time prescribed in this section,
 the lien of such defendant is thereby continued. Such  action  shall  be
 deemed an action to enforce the lien of such defendant lienor. The fail-
 ure to file a notice of pendency of action shall not abate the action as
 to any person liable for the payment of the debt specified in the notice
 of  lien,  and  the  action  may  be prosecuted to judgment against such
 person. The provisions of this section in  regard  to  continuing  liens
 shall  apply to liens discharged by deposit or by order on the filing of
 an undertaking. Where a lien is discharged by deposit  or  by  order,  a
 notice of pendency of action shall not be filed.
   (B) A lien, the duration of which has been extended by the filing of a
 notice  of  the pendency of an action as above provided, shall neverthe-
 less terminate as a lien after such notice has been canceled as provided
 in section sixty-five hundred fourteen of the  civil  practice  law  and
 rules  or  has ceased to be effective as constructive notice as provided
 in section sixty-five hundred thirteen of the  civil  practice  law  and
 rules.
   2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
 ER  PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS

 A. 3006--B                         104
 
 AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF  THE  COUNTY
 IN  WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF
 THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
 REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
 CONTAIN  THE  NAMES  OF  THE  LIENOR  AND THE OWNER OF THE REAL PROPERTY
 AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
 OF THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND  THE
 DATE  OF  FILING THE NOTICE OF LIEN.  NO LIEN SHALL BE CONTINUED BY SUCH
 EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN  THE  EVENT
 AN  ACTION  IS  NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE CLAIM OR TO
 FORECLOSE THE LIEN WITHIN SUCH  EXTENDED  PERIOD,  SUCH  LIEN  SHALL  BE
 EXTINGUISHED  UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A JUDGE
 OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
 ETED AS OF THE DATE OF GRANTING SUCH ORDER AND  A  STATEMENT  MADE  THAT
 SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
   (B)  NO  EMPLOYEE'S  LIEN  ON  PERSONAL PROPERTY SHALL BE A LIEN FOR A
 LONGER PERIOD THAN ONE YEAR  AFTER  THE  FINANCING  STATEMENT  HAS  BEEN
 RECORDED,  UNLESS  AN  EXTENSION  TO SUCH LIEN, IS FILED WITH THE FILING
 OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
 TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
 FILING OF THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH  LIEN.  SUCH
 EXTENSION  SHALL  CONTAIN  THE  NAMES OF THE LIENOR AND THE OWNER OF THE
 PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS  CLAIMED,  A  BRIEF
 DESCRIPTION  OF  THE  PRIOR  FINANCING STATEMENT TO BE EXTENDED, AND THE
 DATE OF FILING THE PRIOR FINANCING STATEMENT.  NO LIEN SHALL BE  CONTIN-
 UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
 THE  EVENT  AN  ACTION  IS  NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE
 CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED  PERIOD,  SUCH  LIEN
 SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
 A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
 REFILED  AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
 SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
   (C) IF A LIENOR IS MADE A PARTY DEFENDANT  IN  AN  ACTION  TO  ENFORCE
 ANOTHER  LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE OF
 THE PENDENCY OF THE ACTION WITHIN THE TIME PRESCRIBED IN  THIS  SECTION,
 THE  LIEN  OF  SUCH DEFENDANT IS THEREBY CONTINUED. SUCH ACTION SHALL BE
 DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
 URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
 TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
 OF LIEN, AND THE ACTION MAY  BE  PROSECUTED  TO  JUDGMENT  AGAINST  SUCH
 PERSON.    THE  PROVISIONS OF THIS SECTION IN REGARD TO CONTINUING LIENS
 SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING  OF
 AN  UNDERTAKING.  WHERE  A  LIEN IS DISCHARGED BY DEPOSIT OR BY ORDER, A
 NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
   (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
 ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE WAGE  CLAIM  WITHIN  ONE
 YEAR  FROM  THE  FILING  OF  THE  NOTICE OF LIEN ON REAL PROPERTY OR THE
 RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
 THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
 HUNDRED TWENTY DAYS FOLLOWING  THE  ENTRY  OF  FINAL  JUDGMENT  IN  SUCH
 ACTION,  UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR ADMINISTRATIVE
 ORDER IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR  COMMENCES
 A  FORECLOSURE  ACTION, IN WHICH INSTANCE THE LIEN SHALL BE VALID DURING
 THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
 PENDENCY OF A FORECLOSURE ACTION OR AN ACTION TO OBTAIN  A  JUDGMENT  ON
 THE  WAGE  CLAIM,  THE  LIENOR  SHALL FILE A NOTICE OF SUCH PENDENCY AND

 A. 3006--B                         105

 EXTENSION WITH THE COUNTY CLERK OF THE COUNTY IN  WHICH  THE  NOTICE  OF
 LIEN  IS  FILED,  CONTAINING THE NAMES OF THE PARTIES TO THE ACTION, THE
 OBJECT OF THE ACTION, A  BRIEF  DESCRIPTION  OF  THE  PROPERTY  AFFECTED
 THEREBY,  AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF A
 LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
 IZED TO ACCEPT FINANCING STATEMENTS PURSUANT TO  SECTION  9-501  OF  THE
 UNIFORM  COMMERCIAL  CODE.  FOR  PURPOSES  OF THIS SECTION, AN ACTION TO
 OBTAIN JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY  COURT
 OF  COMPETENT JURISDICTION, THE SUBMISSION OF A COMPLAINT TO THE DEPART-
 MENT OF LABOR OR THE SUBMISSION OF A CLAIM TO ARBITRATION PURSUANT TO AN
 ARBITRATION AGREEMENT. AN ACTION ALSO INCLUDES AN INVESTIGATION OF  WAGE
 CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
 OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
 COMPLAINT.
   (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
 NOTICE  OF  THE PENDENCY OF AN ACTION AS ABOVE PROVIDED, SHALL NEVERTHE-
 LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
 IN SECTION SIXTY-FIVE HUNDRED FOURTEEN OF THE  CIVIL  PRACTICE  LAW  AND
 RULES  OR  HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE AS PROVIDED
 IN SECTION SIXTY-FIVE HUNDRED THIRTEEN OF THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   §  17. Subdivisions 2 and 4 of section 19 of the lien law, subdivision
 2 as amended by chapter 310 of the laws of 1962, subdivision 4 as  added
 by  chapter  582 of the laws of 2002 and paragraph a of subdivision 4 as
 further amended by section 104 of part A of chapter 62 of  the  laws  of
 2011, are amended to read as follows:
   (2)  By failure to begin an action to foreclose such lien or to secure
 an order continuing it, within one year from  the  time  of  filing  the
 notice  of lien, unless (I) an action be begun within the same period to
 foreclose a mortgage or another mechanic's lien upon the  same  property
 or  any  part  thereof  and a notice of pendency of such action is filed
 according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
 A WAGE CLAIM PURSUANT TO SUBDIVISION TWO OF SECTION  SEVENTEEN  OF  THIS
 ARTICLE,  but  a  lien,  the  duration of which has been extended by the
 filing of a notice of the pendency of  an  action  as  herein  provided,
 shall  nevertheless  terminate  as  a  lien  after  such notice has been
 cancelled or has ceased to be effective as constructive notice.
   (4) Either before or after the beginning of an action by the EMPLOYER,
 owner or contractor executing a bond or undertaking in an  amount  equal
 to  one  hundred ten percent of such lien conditioned for the payment of
 any judgment which may be rendered against the property OR EMPLOYER  for
 the enforcement of the lien:
   a.  The  execution  of any such bond or undertaking by any fidelity or
 surety company authorized by the laws of this state  to  transact  busi-
 ness,  shall be sufficient; and where a certificate of qualification has
 been issued by  the  superintendent  of  financial  services  under  the
 provisions  of  section one thousand one hundred eleven of the insurance
 law, and has not been revoked, no justification or notice thereof  shall
 be  necessary. Any such company may execute any such bond or undertaking
 as surety by the hand of its  officers,  or  attorney,  duly  authorized
 thereto  by  resolution  of  its board of directors, a certified copy of
 which resolution, under the seal of said company, shall  be  filed  with
 each  bond  or  undertaking. Any such bond or undertaking shall be filed
 with the clerk of the county in which the notice of lien is filed, and a
 copy shall be served upon the adverse party. The undertaking  is  effec-
 tive  when so served and filed. If a certificate of qualification issued

 A. 3006--B                         106

 pursuant to subsections (b), (c) and (d) of  section  one  thousand  one
 hundred eleven of the insurance law is not filed with the undertaking, a
 party may except, to the sufficiency of a surety and by a written notice
 of  exception  served  upon  the  adverse  party  within  ten days after
 receipt, a copy of the undertaking. Exceptions deemed by  the  court  to
 have  been  taken  unnecessarily,  or  for  vexation or delay, may, upon
 notice, be set aside, with costs. Where  no  exception  to  sureties  is
 taken  within  ten  days  or  where  exceptions taken are set aside, the
 undertaking shall be allowed.
   b. In the case of bonds or undertakings not executed pursuant to para-
 graph a of this subdivision, the EMPLOYER,  owner  or  contractor  shall
 execute  an  undertaking with two or more sufficient sureties, who shall
 be free holders, to the clerk of the county where the premises are situ-
 ated. The sureties must together justify in  at  least  double  the  sum
 named  in  the  undertaking. A copy of the undertaking, with notice that
 the sureties will justify before the court, or a judge or justice there-
 of, at the time and place therein mentioned, must  be  served  upon  the
 lienor  or  his attorney, not less than five days before such time. Upon
 the approval of the undertaking by the court, judge or justice an  order
 shall be made by such court, judge or justice discharging such lien.
   c.  If  the  lienor  cannot  be found, or does not appear by attorney,
 service under this subsection may be made by  leaving  a  copy  of  such
 undertaking  and  notice  at  the  lienor's  place of residence, or if a
 corporation at its principal place of business within the state as stat-
 ed in the notice of lien, with a person of suitable age  and  discretion
 therein,  or  if  the house of his abode or its place of business is not
 stated in said notice of lien and is not known, then in such  manner  as
 the  court  may direct. The premises, if any, described in the notice of
 lien as the lienor's residence or place of business shall be  deemed  to
 be  his said residence or its place of business for the purposes of said
 service at the time thereof, unless it is shown affirmatively  that  the
 person  servicing  the  papers or directing the service had knowledge to
 the contrary. Notwithstanding the other provisions of  this  subdivision
 relating  to service of notice, in any case where the mailing address of
 the lienor is outside the state such service may be made  by  registered
 or certified mail, return receipt requested, to such lienor at the mail-
 ing address contained in the notice of lien.
   d. Except as otherwise provided in this subdivision, the provisions of
 article  twenty-five  of  the  civil  practice  law and rules regulating
 undertakings is applicable to  a  bond  or  undertaking  given  for  the
 discharge  of a lien on account of private improvements OR OF AN EMPLOY-
 EE'S LIEN.
   § 18. Section 24 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   §  24.  Enforcement  of  [mechanic's]  lien.  (1)  REAL  PROPERTY. The
 [mechanics'] liens ON REAL PROPERTY specified in  this  article  may  be
 enforced  against the property specified in the notice of lien and which
 is subject thereto and against any person liable for the debt upon which
 the lien is founded, as prescribed in article three of this chapter.
   (2) PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY  SPECI-
 FIED  IN  THIS  ARTICLE MAY IMMEDIATELY BE ENFORCED AGAINST THE PROPERTY
 THROUGH A FORECLOSURE AS PRESCRIBED  IN  ARTICLE  NINE  OF  THE  UNIFORM
 COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER
 OF  LABOR  OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY BE ENFORCED
 IN ANY MANNER AVAILABLE TO THE JUDGMENT  CREDITOR  PURSUANT  TO  ARTICLE
 NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS.

 A. 3006--B                         107
 
   §  19.  Section  26  of the lien law, as amended by chapter 373 of the
 laws of 1977, is amended to read as follows:
   §  26.  Subordination  of liens after agreement with owner. In case an
 owner of real property shall execute to one or more persons, or a corpo-
 ration, as trustee or trustees, a bond and mortgage or a note and  mort-
 gage  affecting  such  property in whole or in part, or an assignment of
 the moneys due or to become due under a contract for a building loan  in
 relation  to  such property, and in case such mortgage, if any, shall be
 recorded in the office of the register of the  county  where  such  real
 property  is  situated,  or  if  such county has no register then in the
 office of the clerk of such county, and in case such assignment, if any,
 shall be filed in the office of the clerk of the county where such  real
 property  is  situated;  and  in  case lienors having [mechanics'] liens
 against said real property, notices of which have been filed up  to  and
 not  later than fifteen days after the recording of such mortgage or the
 filing of such assignment, and which liens have not been  discharged  as
 in  this  article  provided, shall, to the extent of at least fifty-five
 per centum of the aggregate amount for which such notices of liens  have
 been so filed, approve such bond and mortgage or such note and mortgage,
 if  any, and such assignment, if any, by an instrument or instruments in
 writing, duly acknowledged and filed in the office of such county clerk,
 then all mechanics' liens for  labor  performed  or  material  furnished
 prior  to  the  recording of such mortgage or filing of such assignment,
 whether notices thereof have been theretofore or  are  thereafter  filed
 and which have not been discharged as in this article provided, shall be
 subordinate  to  the  lien of such trust bond and mortgage or such trust
 note and mortgage to the extent of the aggregate amount of  all  certif-
 icates  of interest therein issued by such trustee or trustees, or their
 successors, for moneys loaned, materials furnished, labor performed  and
 any  other  indebtedness  incurred  after said trust mortgage shall have
 been recorded, and for expenses in connection with said trust  mortgage,
 and  shall  also  be subordinate to the lien of the bond and mortgage or
 note and mortgage, given to secure the  amount  agreed  to  be  advanced
 under  such  contract  for  a  building loan to the extent of the amount
 which shall be advanced by the holder of such bond and mortgage or  such
 note and mortgage to the trustee or trustees, or their successors, under
 such assignment. The provisions of this section shall apply to all bonds
 and mortgages and notes and mortgages and all assignments of moneys due,
 or  to  become due under building loan contracts executed by such owner,
 in like manner, and recorded or filed, from time to time as hereinbefore
 provided. In case of an assignment to trustees under the  provisions  of
 this  section,  the trustees and their successors shall be the agents of
 the assignor to receive and receipt for any and all sums advanced by the
 holder of the building loan bond and mortgage or the building loan  note
 and  mortgage  under  the building loan contract and such assignment. No
 lienor shall have any priority over the bond and mortgage  or  note  and
 mortgage  given to secure the money agreed to be advanced under a build-
 ing loan contract or over the advances made thereunder, by reason of any
 act preceding the making and approval of such assignment.
   § 20. Section 38 of the lien law, as amended by  chapter  859  of  the
 laws of 1930, is amended to read as follows:
   §  38.  Itemized statement may be required of lienor. A lienor who has
 filed a notice of MECHANIC'S lien shall, on demand in  writing,  deliver
 to  the  owner  or  contractor making such demand a statement in writing
 which shall set forth the items of labor and/or material and  the  value
 thereof  which  make up the amount for which he claims a lien, and which

 A. 3006--B                         108
 
 shall also set forth the terms of the contract under  which  such  items
 were  furnished.    The statement shall be verified by the lienor or his
 agent in the form required for the verification of  notices  in  section
 nine  of this [chapter] ARTICLE. If the lienor shall fail to comply with
 such a demand within five days after the same shall have  been  made  by
 the  owner  or  contractor,  or  if  the lienor delivers an insufficient
 statement, the person aggrieved may petition the supreme court  of  this
 state  or  any  justice thereof, or the county court of the county where
 the premises are situated, or the county judge of  such  county  for  an
 order  directing  the  lienor  within  a  time specified in the order to
 deliver to the petitioner the statement required by  this  section.  Two
 days'  notice  in  writing  of such application shall be served upon the
 lienor. Such service shall be made in the manner provided by law for the
 personal service of a summons. The court or a justice or  judge  thereof
 shall  hear  the  parties  and  upon being satisfied that the lienor has
 failed, neglected or refused to comply with  the  requirements  of  this
 section  shall  have  an appropriate order directing such compliance. In
 case the lienor fails to comply with the order so made within  the  time
 specified,  then  upon  five  days'  notice to the lienor, served in the
 manner provided by law for the personal service of a summons, the  court
 or a justice or judge thereof may make an order cancelling the lien.
   §  21. Section 39 of the lien law, as added by chapter 859 of the laws
 of 1930, is amended to read as follows:
   § 39. Lien wilfully exaggerated is void. In any action  or  proceeding
 to  enforce  a [mechanic's] lien upon a private or public improvement or
 in which the validity of the lien is an issue, if the court  shall  find
 that  a lienor has wilfully exaggerated the amount for which he claims a
 lien as stated in his notice of lien, his lien shall be declared  to  be
 void  and  no recovery shall be had thereon. No such lienor shall have a
 right to file any other or further lien for the same claim. A second  or
 subsequent  lien  filed  in contravention of this section may be vacated
 upon application to the court on two days' notice.
   § 22. Section 40 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   §  40.  Construction  of  article.  This article is to be construed in
 connection with article two of this chapter,  and  provides  proceedings
 for  the  enforcement  of  EMPLOYEE'S LIENS ON REAL PROPERTY, AS WELL AS
 liens for labor performed and materials furnished in the improvement  of
 real property, created by virtue of such article.
   §  23.  Section  41  of the lien law, as amended by chapter 807 of the
 laws of 1952, is amended to read as follows:
   § 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
 mechanic's lien OR EMPLOYEE'S LIEN on  real  property  may  be  enforced
 against  such  property,  and  against a person liable for the debt upon
 which the lien is founded, by an action, by the lienor, his assignee  or
 legal  representative,  in the supreme court or in a county court other-
 wise having jurisdiction, regardless of the amount of such debt, or in a
 court which has jurisdiction in an action founded on a  contract  for  a
 sum of money equivalent to the amount of such debt.
   §  24.  Section  43  of the lien law, as amended by chapter 310 of the
 laws of 1962, is amended to read as follows:
   § 43. Action in a court  of  record;  consolidation  of  actions.  The
 provisions  of the real property actions and proceedings law relating to
 actions for the foreclosure of a mortgage upon real  property,  and  the
 sale  and the distribution of the proceeds thereof apply to actions in a
 court of record, to enforce mechanics' liens  AND  EMPLOYEES'  LIENS  on

 A. 3006--B                         109
 
 real  property, except as otherwise provided in this article. If actions
 are brought by different lienors in a court  of  record,  the  court  in
 which  the  first  action was brought, may, upon its own motion, or upon
 the  application of any party in any of such actions, consolidate all of
 such actions.
   § 25. Section 46 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   §  46.  Action  in  a  court  not of record. If an action to enforce a
 mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
 court not of record, it shall be commenced by the personal service  upon
 the  owner  of  a summons and complaint verified in the same manner as a
 complaint in an action in a court of  record.  The  complaint  must  set
 forth  substantially  the facts contained in the notice of lien, and the
 substance of the agreement under which the labor was  performed  or  the
 materials  were  furnished, OR IF THE LIEN IS BASED UPON A WAGE CLAIM AS
 DEFINED IN SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH  WAGE  CLAIM.
 The  form  and  contents of the summons shall be the same as provided by
 law for the commencement of an action upon a contract in such court. The
 summons must be returnable not less than twelve  nor  more  than  twenty
 days  after  the  date of the summons, or if service is made by publica-
 tion, after the day of the last publication of  the  summons.    Service
 must be made at least eight days before the return day.
   §  26.  Section  50  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 50. Execution. Execution may be issued upon a judgment  obtained  in
 an  action  to  enforce  a mechanic's lien OR AN EMPLOYEE'S LIEN against
 real property in a court not of record, which shall direct  the  officer
 to  sell the title and interest of the owner in the premises, upon which
 the lien set forth in the complaint existed at the time  of  filing  the
 notice of lien.
   §  27.  Section  53  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 53. Costs and disbursements. If an action is brought  to  enforce  a
 mechanic's  lien  OR AN EMPLOYEE'S LIEN against real property in a court
 of record, the costs and disbursements shall rest in the  discretion  of
 the  court,  and  may  be  awarded to the prevailing party. The judgment
 rendered in such an action shall include the amount of  such  costs  and
 specify  to whom and by whom the costs are to be paid. If such action is
 brought in a court not of record, they shall be the same as  allowed  in
 civil  actions  in  such  court.  The  expenses  incurred in serving the
 summons by publication may be added to the amount of costs  now  allowed
 in such court.
   §  28.  Section  59  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
 deposit, by order of court. 1. A mechanic's lien  notice  of  which  has
 been filed on real property or a bond given to discharge the same may be
 vacated  and cancelled or a deposit made to discharge a lien pursuant to
 section twenty OF THIS CHAPTER may be returned, by an order of  a  court
 of  record. Before such order shall be granted, a notice shall be served
 upon the lienor, either personally or by leaving it as  his  last  known
 place  of  residence,  with a person of suitable age, with directions to
 deliver it to the lienor.  Such  notice  shall  require  the  lienor  to
 commence  an  action to enforce the lien, within a time specified in the
 notice, not less than thirty days from the  time  of  service,  or  show
 cause at a special term of a court of record, or at a county court, in a

 A. 3006--B                         110
 
 county  in which the property is situated, at a time and place specified
 therein, why the notice of lien filed or the bond given  should  not  be
 vacated  and  cancelled,  or  the  deposit returned, as the case may be.
 Proof  of  such service and that the lienor has not commenced the action
 to foreclose such lien, as directed in the  notice,  shall  be  made  by
 affidavit, at the time of applying for such order.
   2.  AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
 OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR  A
 DEPOSIT  MADE  TO  DISCHARGE  A  LIEN PURSUANT TO SECTION TWENTY OF THIS
 CHAPTER MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD.  BEFORE  SUCH
 ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
 PERSONALLY  OR  BY  LEAVING  IT  AT HIS LAST KNOWN PLACE OF RESIDENCE OR
 ATTORNEY'S PLACE OF BUSINESS,  WITH  A  PERSON  OF  SUITABLE  AGE,  WITH
 DIRECTIONS  TO  DELIVER  IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE
 LIENOR TO COMMENCE AN ACTION TO ENFORCE THE  LIEN,  OR  TO  COMMENCE  AN
 ACTION  TO  OBTAIN  JUDGMENT  ON  THE WAGE CLAIM UPON WHICH THE LIEN WAS
 ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY
 DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT  A  SPECIAL  TERM  OF  A
 COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
 IS  SITUATED,  AT  A TIME AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF
 LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE
 DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE
 LIENOR HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN  ACTION
 TO  OBTAIN  JUDGMENT  ON  THE  WAGE CLAIM UPON WHICH THE LIEN WAS ESTAB-
 LISHED, AS DIRECTED IN THE NOTICE, SHALL BE MADE BY  AFFIDAVIT,  AT  THE
 TIME OF APPLYING FOR SUCH ORDER.
   §  29.  Section  62  of the lien law, as amended by chapter 697 of the
 laws of 1934, is amended to read as follows:
   § 62. Bringing in new parties. A lienor who has filed a notice of lien
 after the commencement of an action in a court of record to foreclose or
 enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
 a public improvement, may at any  time  up  to  and  including  the  day
 preceding  the  day on which the trial of such action is commenced, make
 application upon notice to the plaintiff or his attorney in such action,
 to be made a party therein. Upon good cause shown, the court must  order
 such lienor to be brought in by amendment. If the application is made by
 any  other  party  in  said action to make such lienor or other person a
 party, the court may in its  discretion  direct  such  lienor  or  other
 person  to  be  brought in by like amendment. The order to be entered on
 such application shall provide the time for and manner  of  serving  the
 pleading of such additional lienor or other person and shall direct that
 the  pleadings,  papers  and proceedings of the other several parties in
 such action, shall be deemed amended, so as not to require the making or
 serving of papers other than said order to  effectuate  such  amendment,
 and  shall  further  provide  that the allegations in the answer of such
 additional lienor or other person shall, for the purposes of the action,
 be deemed denied by the other parties therein. The action  shall  be  so
 conducted  by  the  court as not to cause substantially any delay in the
 trial thereof.   The bringing in of  such  additional  lienor  or  other
 person  shall  be  without  prejudice to the proceedings had, and if the
 action be on the calendar of the court, same shall retain its  place  on
 such  calendar  without the necessity of serving a new note of issue and
 new notices of trial.
   § 30. Subdivision 5 of section 6201 of  the  civil  practice  law  and
 rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered

 A. 3006--B                         111
 
 by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
 is added to read as follows:
   5.  the  cause  of action is based on a judgment, decree or order of a
 court of the United States or of any other court which  is  entitled  to
 full  faith  and  credit in this state, or on a judgment which qualifies
 for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
 OR
   6.  THE  CAUSE  OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
 USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
 FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
 THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
 THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO  ANY  CLAIMS  OF
 UNPAID,  MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
 GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID  COMMISSIONS,  UNPAID
 BENEFITS  AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
 TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
 AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND  PENALTIES  AUTHORIZED
 PURSUANT  TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
 MENT CONTRACT.
   § 31. Section 6210 of the civil practice law and rules,  as  added  by
 chapter 860 of the laws of 1977, is amended to read as follows:
   §  6210.  Order  of attachment on notice; temporary restraining order;
 contents. Upon a motion on notice for an order of attachment, the  court
 may,  without  notice  to  the  defendant, grant a temporary restraining
 order prohibiting the transfer of assets by a garnishee as  provided  in
 subdivision  (b)  of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
 SUBDIVISION SIX OF SECTION  6201,  AND  IF  THE  EMPLOYER  CONTESTS  THE
 MOTION,  THE  COURT  SHALL  HOLD  A  HEARING WITHIN TEN DAYS OF WHEN THE
 EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR  ATTACHMENT  IS  DUE.  The
 contents  of  the  order  of attachment granted pursuant to this section
 shall be as provided in subdivision (a) of section 6211.
   § 32. Subdivision (b) of section 6211 of the civil  practice  law  and
 rules, as amended by chapter 566 of the laws of 1985, is amended to read
 as follows:
   (b)  Confirmation  of  order.  Except  where an order of attachment is
 granted on the ground specified in subdivision one  OR  SIX  of  section
 6201,  an  order of attachment granted without notice shall provide that
 within a period not to exceed five days after levy, the plaintiff  shall
 move,  on  such  notice  as the court shall direct to the defendant, the
 garnishee, if any, and the sheriff, for an order confirming the order of
 attachment. Where an order of attachment without notice  is  granted  on
 the  ground  specified  in  subdivision  one OR SIX of section 6201, the
 court shall direct that the statement required by section 6219 be served
 within five days, that a copy thereof be served upon the plaintiff,  and
 the  plaintiff  shall  move  within  ten  days  after  levy for an order
 confirming the order of attachment. If the plaintiff  upon  such  motion
 shall show that the statement has not been served and that the plaintiff
 will  be unable to satisfy the requirement of subdivision (b) of section
 6223 until the statement has been served, the court may grant one exten-
 sion of the time to move for confirmation for a period not to exceed ten
 days. If plaintiff fails to make such motion within the required period,
 the order of attachment and any levy thereunder shall  have  no  further
 effect and shall be vacated upon motion. Upon the motion to confirm, the
 provisions  of  subdivision (b) of section 6223 shall apply. An order of
 attachment granted without notice may provide that the  sheriff  refrain

 A. 3006--B                         112
 
 from  taking  any  property levied upon into his actual custody, pending
 further order of the court.
   §  33. Subdivisions (b) and (e) of rule 6212 of the civil practice law
 and rules, subdivision (b) as separately amended by chapters 15 and  860
 of  the  laws of 1977 and subdivision (e) as added by chapter 860 of the
 laws of 1977, are amended to read as follows:
   (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
 ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a  motion
 for  an order of attachment, the plaintiff shall give an undertaking, in
 a total amount fixed by the  court,  but  not  less  than  five  hundred
 dollars,  a  specified part thereof conditioned that the plaintiff shall
 pay to the defendant all costs and damages, including reasonable  attor-
 ney's  fees,  which  may be sustained by reason of the attachment if the
 defendant recovers judgment or if it is finally decided that the  plain-
 tiff  was not entitled to an attachment of the defendant's property, and
 the balance conditioned that the plaintiff shall pay to the sheriff  all
 of his allowable fees.
   2.  ON  A  MOTION  FOR  AN  ATTACHMENT  PURSUANT TO SUBDIVISION SIX OF
 SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN  ACCESSI-
 BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
 TIVE,  MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
 tiff shall not be liable to the sheriff for such fees. The surety on the
 undertaking shall not be discharged except upon notice to the sheriff.
   (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT  IS  SOUGHT  ON
 THE  GROUND  SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
 shall be liable to the defendant for all costs  and  damages,  including
 reasonable  attorney's  fees,  which  may  be sustained by reason of the
 attachment if the defendant recovers  judgment,  or  if  it  is  finally
 decided  that  the  plaintiff  was  not entitled to an attachment of the
 defendant's property. Plaintiff's liability shall not be limited by  the
 amount of the undertaking.
   §  34. Section 6223 of the civil practice law and rules, as amended by
 chapter 860 of the laws of 1977, is amended to read as follows:
   § 6223. Vacating or modifying attachment.  (a)  Motion  to  vacate  or
 modify.    Prior to the application of property or debt to the satisfac-
 tion of a judgment, the defendant, the garnishee or any person having an
 interest in the property or debt may move, on notice to each  party  and
 the sheriff, for an order vacating or modifying the order of attachment.
 Upon  the motion, the court may give the plaintiff a reasonable opportu-
 nity to correct any defect. [If] EXCEPT AS  PROVIDED  UNDER  SUBDIVISION
 (B),  IF,  after  the  defendant  has  appeared in the action, the court
 determines that the attachment is unnecessary to  the  security  of  the
 plaintiff, it shall vacate the order of attachment.  Such a motion shall
 not of itself constitute an appearance in the action.
   (b)  Burden  of  proof.  [Upon] EXCEPT WHERE AN ORDER OF ATTACHMENT IS
 GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, UPON  a  motion  to
 vacate  or  modify  an  order of attachment the plaintiff shall have the
 burden of establishing the grounds for  the  attachment,  the  need  for
 continuing  the  levy  and  the  probability that he will succeed on the
 merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
 PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE  DEFENDANT  SHALL  HAVE
 THE  BURDEN  TO  DEMONSTRATE  THAT  THE ATTACHMENT IS UNNECESSARY TO THE
 SECURITY OF THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY  THE  ATTACHMENT
 ORDER.

 A. 3006--B                         113
 
   § 35. Paragraph (b) of section 624 of the business corporation law, as
 amended  by  chapter  449  of  the  laws  of 1997, is amended to read as
 follows:
   (b) Any person who shall have been a shareholder of record of a corpo-
 ration,  OR  WHO  IS  OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
 upon at least five days' written demand shall have the right to  examine
 in  person  or  by  agent  or attorney, during usual business hours, its
 minutes of the proceedings of its shareholders and record of  sharehold-
 ers and to make extracts therefrom for any purpose reasonably related to
 such  person's  interest as a shareholder, LABORER, SERVANT OR EMPLOYEE.
 Holders of voting trust certificates representing shares of  the  corpo-
 ration  shall  be  regarded  as  shareholders  for  the  purpose of this
 section.  Any such agent or attorney shall be authorized  in  a  writing
 that  satisfies  the  requirements  of  a writing under paragraph (b) of
 section 609 (Proxies). A corporation requested  to  provide  information
 pursuant  to  this  paragraph  shall  make available such information in
 written form and in any other format in which such information is  main-
 tained  by  the  corporation  and  shall not be required to provide such
 information in any other format. If a  request  made  pursuant  to  this
 paragraph includes a request to furnish information regarding beneficial
 owners,  the  corporation  shall  make available such information in its
 possession regarding beneficial owners as is provided to the corporation
 by a registered broker or dealer or a bank, association or other  entity
 that  exercises  fiduciary  powers  in connection with the forwarding of
 information to such owners. The corporation shall  not  be  required  to
 obtain information about beneficial owners not in its possession.
   §  36.  Section  630 of the business corporation law, paragraph (a) as
 amended by chapter 5 of the laws of 2016, paragraph (c)  as  amended  by
 chapter 746 of the laws of 1963, is amended to read as follows:
 § 630. Liability  of shareholders for wages due to laborers, servants or
          employees.
   (a) The ten largest shareholders, as determined by the fair  value  of
 their beneficial interest as of the beginning of the period during which
 the  unpaid services referred to in this section are performed, of every
 domestic corporation or of any  foreign  corporation,  when  the  unpaid
 services were performed in the state, no shares of which are listed on a
 national  securities exchange or regularly quoted in an over-the-counter
 market by one or more members of a national or an affiliated  securities
 association,  shall  jointly  and severally be personally liable for all
 debts, wages or salaries due and owing to any of its laborers,  servants
 or  employees other than contractors, for services performed by them for
 such corporation. [Before such laborer, servant or employee shall charge
 such shareholder for such services, he shall give notice in  writing  to
 such  shareholder that he intends to hold him liable under this section.
 Such notice shall be given within one  hundred  and  eighty  days  after
 termination  of  such  services, except that if, within such period, the
 laborer, servant or employee demands an examination  of  the  record  of
 shareholders  under  paragraph  (b)  of  section 624 (Books and records;
 right of inspection, prima facie evidence) of this article, such  notice
 may  be  given within sixty days after he has been given the opportunity
 to examine the record of shareholders. An action to enforce such liabil-
 ity shall be commenced  within  ninety  days  after  the  return  of  an
 execution  unsatisfied against the corporation upon a judgment recovered
 against it for such services.] The provisions of  this  paragraph  shall
 not  apply  to  an investment company registered as such under an act of
 congress entitled "Investment Company Act of 1940."

 A. 3006--B                         114

   (b) For the purposes of this section, wages or salaries shall mean all
 compensation and benefits payable by an employer to or for  the  account
 of  the employee for personal services rendered by such employee INCLUD-
 ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST,  ATTORNEY'S
 FEES  OR COSTS.   These shall specifically include but not be limited to
 salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
 contributions  to or payments of insurance or welfare benefits; employer
 contributions to pension or annuity funds; and any other moneys properly
 due or payable for services rendered by such employee.
   (c) A shareholder who has paid more than his pro rata share under this
 section shall be entitled to contribution pro rata from the other share-
 holders liable under this section with respect to the  excess  so  paid,
 over and above his pro rata share, and may sue them jointly or severally
 or  any number of them to recover the amount due from them.  Such recov-
 ery may be had in a separate action. As used  in  this  paragraph,  "pro
 rata"  means in proportion to beneficial share interest. Before a share-
 holder may claim contribution from other shareholders under  this  para-
 graph, he shall[, unless they have been given notice by a laborer, serv-
 ant  or  employee under paragraph (a),] give them notice in writing that
 he intends to hold them so liable to him. Such notice shall be given  by
 him  within twenty days after the date that [notice was given to him by]
 HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
 LIABLE under paragraph (a).
   § 37. This act shall take effect immediately with respect  to  liabil-
 ities  owed  to  laborers,  servants or employees whose services had not
 been terminated more than one hundred eighty days prior to the effective
 date of this act.
 
                                  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 OF THIS ACT THAT ARE COMMENCED IN FAMILY COURT.
   § 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.
   § 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

 A. 3006--B                         115

 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.
   (ii)  Outside  the city of New York, all proceedings involving such an
 allegation shall have a hearing preference over every  other  proceeding
 in the court, except proceedings under article ten OF THIS ACT.
   §  4. Subdivision 1 of section 301.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1. "Juvenile delinquent" means a person  [over  seven  and  less  than
 sixteen years of age, who, having committed an act that would constitute
 a  crime if committed by an adult, (a) is not criminally responsible for
 such conduct by reason of infancy, or (b) is the defendant in an  action
 ordered  removed  from  a criminal court to the family court pursuant to
 article seven hundred twenty-five of the criminal procedure law]:
   (A) WHO IS:
   (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
 TUTE A CRIME AS DEFINED IN SECTION 125.25 (MURDER IN THE SECOND  DEGREE)
 OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR

 A. 3006--B                         116

   (II)  AT LEAST TWELVE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF AGE
 WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF  COMMITTED  BY  AN
 ADULT; OR
   (III)  SIXTEEN  OR SEVENTEEN YEARS OF AGE WHO COMMITTED A VIOLATION OF
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
 IC BEVERAGE CONTROL LAW PROVIDED, HOWEVER, THAT SUCH PERSON  SHALL  ONLY
 BE  DEEMED  TO  BE  A  JUVENILE  DELINQUENT FOR THE PURPOSES OF IMPOSING
 LICENSE SANCTIONS IN ACCORDANCE WITH SUBDIVISION FOUR OF  SECTION  352.2
 OF THIS ARTICLE; AND
   (B) WHO IS EITHER:
   (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.
   § 5. Subdivisions 8 and 9 of section 301.2 of the  family  court  act,
 subdivision  8  as amended by chapter 7 of the laws of 2007 and subdivi-
 sion 9 as added by chapter 920 of the laws of 1982, are amended to  read
 as follows:
   8.  "Designated  felony  act" means an act which, if done by an adult,
 would be a crime: (i) defined in sections [125.27 (murder in  the  first
 degree);]  125.25  (murder  in the second degree); 135.25 (kidnapping in
 the first degree); or 150.20 (arson in the first degree)  of  the  penal
 law  committed by a person thirteen, fourteen [or], fifteen, SIXTEEN, OR
 SEVENTEEN years of age; or such conduct committed as  a  sexually  moti-
 vated  felony,  where authorized pursuant to section 130.91 of the penal
 law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
 125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
 degree); 130.50 (criminal  sexual  act  in  the  first  degree);  130.70
 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
 second  degree)  but only where the abduction involved the use or threat
 of use of deadly physical force; 150.15 (arson in the second degree)  or
 160.15  (robbery  in  the  first degree) of the penal law committed by a
 person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years  of
 age;  or  such  conduct  committed as a sexually motivated felony, where
 authorized pursuant to section 130.91 of the penal law; (iii) defined in
 the penal law as an attempt to commit murder  in  the  first  or  second
 degree or kidnapping in the first degree committed by a person thirteen,
 fourteen  [or],  fifteen,  SIXTEEN,  OR  SEVENTEEN years of age; or such
 conduct committed as  a  sexually  motivated  felony,  where  authorized
 pursuant  to  section  130.91  of the penal law; (iv) defined in section
 140.30 (burglary in the first degree); subdivision one of section 140.25
 (burglary in the second  degree);  subdivision  two  of  section  160.10
 (robbery  in  the  second degree) of the penal law; or section 265.03 of
 the penal law, where such machine gun or such firearm  is  possessed  on
 school  grounds,  as  that  phrase is defined in subdivision fourteen of
 section 220.00 of the penal  law  committed  by  a  person  fourteen  or
 fifteen  years of age; or such conduct committed as a sexually motivated
 felony, where authorized pursuant to section 130.91 of  the  penal  law;
 (v)  defined  in section 120.05 (assault in the second degree) or 160.10
 (robbery in the second degree) of the penal law committed  by  a  person
 fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age but only where
 there has been a prior finding by a court that such person has previous-
 ly  committed an act which, if committed by an adult, would be the crime
 of assault in the second degree, robbery in the  second  degree  or  any
 designated felony act specified in paragraph (i), (ii), or (iii) of this

 A. 3006--B                         117
 
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; [or] (vi) other than a misdemeanor  commit-
 ted by a person at least [seven] TWELVE but less than [sixteen] EIGHTEEN
 years  of  age,  but only where there has been two prior findings by the
 court that such person has committed a prior felony; OR (VII) DEFINED IN
 SECTION 460.22 (AGGRAVATED  ENTERPRISE  CORRUPTION);  490.25  (CRIME  OF
 TERRORISM);  490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
 ICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL  USE  OF  A  CHEMICAL
 WEAPON  OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST  DEGREE);  120.11
 (AGGRAVATED  ASSAULT  UPON  A POLICE OFFICER OR A PEACE OFFICER); 125.22
 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE);  215.17  (INTIMIDATING  A
 VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A
 WEAPON  IN  THE  FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE
 FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST  DEGREE);
 490.35  (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40
 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE
 SECOND  DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
 WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE);
 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
 THE THIRD DEGREE) OF THE PENAL LAW; OR A FELONY SEX OFFENSE  AS  DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80 OF THE PENAL LAW.
   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.
   §  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.
   §  6-a.  Section  302.1 of the family court act is amended by adding a
 new subdivision 3 to read as follows:
   3. WHENEVER A CRIME AND A TRAFFIC INFRACTION ARISE  OUT  OF  THE  SAME
 TRANSACTION  OR  OCCURRENCE, A CHARGE ALLEGING BOTH OFFENSES MAY BE MADE
 RETURNABLE BEFORE THE COURT HAVING JURISDICTION OVER THE CRIME.  NOTHING
 HEREIN PROVIDED SHALL BE CONSTRUED TO PREVENT A COURT, HAVING  JURISDIC-
 TION OVER A CRIMINAL CHARGE RELATING TO TRAFFIC OR A TRAFFIC INFRACTION,
 FROM LAWFULLY ENTERING A JUDGMENT OF CONVICTION, WHETHER OR NOT BASED ON
 A PLEA OF GUILTY, FOR AN OFFENSE CLASSIFIED AS A TRAFFIC INFRACTION.
   § 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:
   § 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

 A. 3006--B                         118
 
 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.
   § 8. Intentionally omitted.
   § 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.
   § 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.
   §  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
   §  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]

 A. 3006--B                         119
 
   (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.
   § 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:
   § 307.3. Rules of court authorizing release before filing of petition.
 1. The agency responsible for operating a detention facility pursuant to
 section two hundred eighteen-a of the county law, five  hundred  [ten-a]
 THREE  of the executive law or other applicable provisions of law, shall
 release a child in custody before the filing of a petition to the custo-
 dy of his OR HER parents or other person legally responsible for his  OR
 HER  care,  or  if  such legally responsible person is unavailable, to a
 person with whom he OR SHE resides,  when  the  events  occasioning  the
 taking  into custody do not appear to involve allegations that the child
 committed a delinquent act.
   2. When practicable such agency may release a child before the  filing
 of  a  petition  to  the  custody  of his OR HER parents or other person
 legally responsible for his OR HER care, or if such legally  responsible
 person is unavailable, to a person with whom he OR SHE resides, when the
 events occasioning the taking into custody appear to involve allegations
 that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
 AGENCY MUST RELEASE THE CHILD IF:
   (A)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
 COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (I)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (II) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE  DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (B) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMITTED
 ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (II)  THE  CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (III) THE CHILD HAS NO MORE THAN ONE PRIOR  ADJUDICATION  FOR  AN  ACT
 THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
 ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (IV) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE  DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   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

 A. 3006--B                         120

 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.
   §  14.  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:
   § 308.1. [Rules  of  court  for  preliminary]  PRELIMINARY  procedure;
 ADJUSTMENT  OF  CASES.  1. [Rules of court shall authorize and determine
 the circumstances under which the] THE probation service may confer with
 any person seeking to have a juvenile delinquency  petition  filed,  the
 potential  respondent and other interested persons concerning the advis-
 ability of requesting that a petition be filed IN ACCORDANCE  WITH  THIS
 SECTION.
   2. (A) Except as provided in subdivisions three [and], four, AND THIR-
 TEEN  of  this  section,  the probation service [may, in accordance with
 rules of court,] SHALL ATTEMPT TO adjust [suitable cases] A CASE  before
 a  petition  is  filed.  SUCH ATTEMPTS MAY INCLUDE THE USE OF A JUVENILE
 REVIEW BOARD COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE
 CHILD AND HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT  ACTIV-
 ITIES.   THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE
 IF IT DETERMINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE  CHILD
 WILL  BENEFIT  FROM  ATTEMPTS  AT  ADJUSTMENT  IN THE TIME REMAINING FOR
 ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED.
   (B) The inability of the respondent or  his  or  her  family  to  make
 restitution shall not be a factor in a decision to adjust a case or in a
 recommendation  to the presentment agency pursuant to subdivision six of
 this section.
   (C) Nothing in this section shall prohibit the  probation  service  or
 the  court  from directing a respondent to obtain employment and to make
 restitution from the earnings from  such  employment.  Nothing  in  this
 section shall prohibit the probation service or the court from directing
 an eligible person to complete an education reform program in accordance
 with section four hundred fifty-eight-l of the social services law.
   3.  The  probation  service  shall  not  ATTEMPT TO adjust a case THAT
 COMMENCED IN FAMILY COURT in which the child has allegedly  committed  a
 designated  felony  act  THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED
 PHYSICAL INJURY TO A  PERSON  unless  [it]  THE  PROBATION  SERVICE  has
 received the written approval of the court.
   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

 A. 3006--B                         121
 
 first degree), section 135.65, (coercion in the first  degree),  section
 140.20,  (burglary  in  the third degree), section 150.10, (arson in the
 third degree), section 160.05, (robbery in the third  degree),  subdivi-
 sion  two[,]  OR three [or four] of section 265.02, (criminal possession
 of a weapon in the third degree), section 265.03,  (criminal  possession
 of  a  weapon  in  the  second  degree),  or  section  265.04, (criminal
 possession of a [dangerous] weapon in the first degree) of the penal law
 where the child has previously had one or more adjustments of a case  in
 which such child allegedly committed an act which would be a crime spec-
 ified  in  this subdivision unless it has received written approval from
 the court and the appropriate presentment agency.
   5. The fact that a child is detained prior to the filing of a petition
 shall not preclude the probation service from  adjusting  a  case;  upon
 adjusting  such  a case the probation service shall notify the detention
 facility to release the child.
   6. The probation service shall not transmit or  otherwise  communicate
 to the presentment agency any statement made by the child to a probation
 officer.  However,  the  probation  service  may  make  a recommendation
 regarding adjustment of the case to the presentment agency  and  provide
 such information, including any report made by the arresting officer and
 record of previous adjustments and arrests, as it shall deem relevant.
   7. No statement made to the probation service prior to the filing of a
 petition  may be admitted into evidence at a fact-finding hearing or, if
 the proceeding is transferred to a criminal court, at any time prior  to
 a conviction.
   8.  The  probation  service  may  not prevent any person who wishes to
 request that a petition be filed from having access to  the  appropriate
 presentment agency for that purpose.
   9.  Efforts  at  adjustment  [pursuant  to  rules of court] under this
 section may not extend for a period of more than two  months  [without],
 OR,  FOR  A  PERIOD  OF  MORE  THAN FOUR MONTHS IF THE PROBATION SERVICE
 DETERMINES THAT ADJUSTMENT BEYOND THE  FIRST  TWO  MONTHS  IS  WARRANTED
 BECAUSE  DOCUMENTED  BARRIERS  TO ADJUSTMENT EXIST OR CHANGES NEED TO BE
 MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
 may extend the ADJUSTMENT period for an additional two months.
   10. If a case is not adjusted by the probation service,  such  service
 shall  notify  the  appropriate  presentment  agency of that fact within
 forty-eight hours or the next court day, whichever occurs later.
   11. The probation service may not be authorized under this section  to
 compel  any  person  to appear at any conference, produce any papers, or
 visit any place.
   12. The probation service shall certify to the  division  of  criminal
 justice  services  and  to  the  appropriate  police  department  or law
 enforcement agency whenever it adjusts a case  in  which  the  potential
 respondent's  fingerprints  were  taken pursuant to section 306.1 in any
 manner other than the filing of a petition for juvenile delinquency  for
 an  act  which,  if  committed  by  an adult, would constitute a felony,
 provided, however, in the case of a child [eleven or]  twelve  years  of
 age, such certification shall be made only if the act would constitute a
 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-

 A. 3006--B                         122
 
 five of the criminal procedure law UNLESS IT HAS  RECEIVED  THE  WRITTEN
 APPROVAL OF THE COURT.
   14.  WHERE  WRITTEN APPROVAL IS REQUIRED PRIOR TO ADJUSTMENT ATTEMPTS,
 THE PROBATION DEPARTMENT SHALL SEEK SUCH APPROVAL.
   § 15. 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;
   § 16. 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.
   §  17.  Subdivision  3  of  section  320.5  of the family court act is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) NOTWITHSTANDING PARAGRAPH (A) OF  THIS  SUBDIVISION,  THE  COURT
 SHALL NOT DIRECT DETENTION IF:
   (I)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
 COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (2) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD  COMMIT-
 TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR  AN  ACT  THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3)  THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
 WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT  ACT
 ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (4)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   § 18. Subdivision 5 of section 322.2 of the family court act, as added
 by  chapter 920 of the laws of 1982, paragraph (a) as amended by chapter
 37 of the laws of 2016 and paragraph (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  THE  OFFICE FOR PEOPLE 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 application to
 the court by the commissioner having custody or  his  or  her  designee.
 Such  application  must  be  made  not more than sixty days prior to the
 expiration of such period on forms that  have  been  prescribed  by  the

 A. 3006--B                         123
 
 chief  administrator  of the courts. At that time, the commissioner must
 give written notice of the application to the  respondent,  the  counsel
 representing  the respondent and the mental hygiene legal service if the
 respondent  is  at a residential facility. Upon receipt of such applica-
 tion, the court must conduct a hearing to determine the issue of capaci-
 ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
 vision, the court finds that the respondent is no longer  incapacitated,
 he  or she shall be returned to the family court for further proceedings
 pursuant to this article. If the court is satisfied that the  respondent
 continues  to  be  incapacitated,  the  court  shall authorize continued
 custody of the respondent by the commissioner for a period not to exceed
 one year. Such extensions shall not continue beyond a reasonable  period
 of  time  necessary  to determine whether the respondent will attain the
 capacity to proceed to a fact finding hearing in the foreseeable  future
 but in no event shall continue beyond the respondent's eighteenth birth-
 day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT
 WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY.
   (b)  If  a  respondent  is in the custody of the commissioner upon the
 respondent's eighteenth birthday, OR IF  THE  RESPONDENT  WAS  AT  LEAST
 SIXTEEN  YEARS  OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
 MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST  BIRTHDAY,  the
 commissioner shall notify the clerk of the court that the respondent was
 in his custody on such date and the court shall dismiss the petition.
   (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.
   § 19. Subdivisions 1 and 5 of section 325.1 of the family  court  act,
 subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
 5  as  added  by chapter 920 of the laws of 1982, are amended to read as
 follows:
   1. At the initial  appearance,  if  the  respondent  denies  a  charge
 contained  in  the  petition and the court determines IN ACCORDANCE WITH
 THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE  RESPONDENT
 shall  be detained for more than three days pending a fact-finding hear-

 A. 3006--B                         124
 
 ing, the court shall schedule a probable-cause hearing to determine  the
 issues specified in section 325.3 OF THIS PART.
   5.  Where  the  petition  consists  of an order of removal pursuant to
 article seven hundred twenty-five of the criminal procedure law,  unless
 the  removal was pursuant to subdivision three of section 725.05 of such
 law and the respondent was not afforded a probable cause hearing [pursu-
 ant to subdivision three of section 180.75 of  such  law  for  a  reason
 other  than  his  waiver  thereof pursuant to subdivision two of section
 180.75 of such law], the petition shall be deemed to  be  based  upon  a
 determination  that probable cause exists to believe the respondent is a
 juvenile delinquent and the respondent shall  not  be  entitled  to  any
 further  inquiry  on the subject of whether probable cause exists. After
 the filing of any such petition the court must, however, exercise  inde-
 pendent,  de novo discretion with respect to release or detention as set
 forth in section 320.5.
   § 20. 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.
   §  21.  Subdivision  2  of  section  351.1 of the family court act, as
 amended by chapter 880 of the laws  of  1985,  is  amended  to  read  as
 follows:
   2.  Following  a determination that a respondent committed a crime and
 prior to the dispositional hearing, the court shall  order  a  probation
 investigation,  A  RISK AND NEEDS ASSESSMENT, and may order a diagnostic
 assessment. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT
 SHALL RECOMMEND TO THE COURT THAT  THE  RESPONDENT  PARTICIPATE  IN  ANY
 SERVICES  NECESSARY  TO MITIGATE IDENTIFIED RISKS AND ADDRESS INDIVIDUAL
 NEEDS.
   § 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:

 A. 3006--B                         125
 
   (I)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
 COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT  NO  MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
 AND
   (2) THE CHILD WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
   (II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD  COMMIT-
 TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
   (1)  THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR  AN  ACT  THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3)  THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
 WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT  ACT
 ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
   (4)  THE  CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   §  22-a.  Section 352.2 of the family court act is amended by adding a
 new subdivision 4 to read as follows:
   4. WHERE A YOUTH RECEIVES  A  JUVENILE  DELINQUENCY  ADJUDICATION  FOR
 CONDUCT  COMMITTED  WHEN  THE  YOUTH WAS AGE SIXTEEN OR OLDER THAT WOULD
 CONSTITUTE A CRIME UNDER THE VEHICLE AND TRAFFIC LAW, OR A VIOLATION  OF
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
 IC  BEVERAGE  CONTROL  LAW,  THE  COURT SHALL NOTIFY THE COMMISSIONER OF
 MOTOR VEHICLES OF SUCH ADJUDICATION. WHERE A YOUTH RECEIVES  A  JUVENILE
 DELINQUENCY  ADJUDICATION  FOR CONDUCT THAT WOULD CONSTITUTE A VIOLATION
 OF ANY OTHER PROVISION OF LAW WHICH  ALLOWS  FOR  THE  IMPOSITION  OF  A
 LICENSE  AND  REGISTRATION  SANCTION, THE COURT SHALL NOTIFY THE COMMIS-
 SIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION. THE COURT SHALL HAVE  THE
 POWER  TO  IMPOSE  ANY  SUSPENSION  OR REVOCATION OF DRIVING PRIVILEGES,
 IGNITION INTERLOCK DEVICES, ANY DRUG OR ALCOHOL REHABILITATION  PROGRAM,
 VICTIM  IMPACT PROGRAM, DRIVER RESPONSIBILITY ASSESSMENT, VICTIM ASSIST-
 ANCE FEE, AND SURCHARGE AS IS OTHERWISE REQUIRED UPON A CONVICTION OF  A
 CRIME  UNDER  THE  VEHICLE  AND  TRAFFIC  LAW, OR AN OFFENSE FOR WHICH A
 LICENSE SANCTION IS REQUIRED, AND, FURTHER, SHALL NOTIFY THE COMMISSION-
 ER OF MOTOR VEHICLES OF SAID SUSPENSION OR REVOCATION.
   § 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

 A. 3006--B                         126
 
 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.
   §  23-a. Paragraph (e) of subdivision 2 of section 353.2 of the family
 court act, as amended by chapter 124 of the laws of 1993, is amended  to
 read as follows:
   (e)  co-operate  with a mental health, social services or other appro-
 priate community facility or agency to which the respondent is referred,
 INCLUDING A FAMILY SUPPORT CENTER PURSUANT TO TITLE  TWELVE  OF  ARTICLE
 SIX OF THE SOCIAL SERVICES LAW;
   §  23-b.  Subdivision  3  of section 353.2 of the family court act, as
 added by chapter 920 of the laws of 1982, paragraph (f)  as  amended  by
 chapter 465 of the laws of 1992, is amended to read as follows:
   3.  When ordering a period of probation, the court may, as a condition
 of such order, further require that the respondent:
   (a) meet with a probation officer when directed to do so by that offi-
 cer and permit the officer to visit the respondent at home or elsewhere;
   (b) permit the probation officer to obtain information from any person
 or agency from whom respondent is receiving or was directed  to  receive
 diagnosis, treatment or counseling;
   (c)  permit  the  probation  officer  to  obtain  information from the
 respondent's school;
   (d) co-operate with the probation officer in seeking to obtain and  in
 accepting  employment, and supply records and reports of earnings to the
 officer when requested to do so; AND
   (e) obtain permission from the probation officer for any absence  from
 respondent's residence in excess of two weeks[; and
   (f)  with  the  consent  of  the division for youth, spend a specified
 portion of the probation period, not exceeding one year, in a non-secure
 facility provided by the division for youth pursuant  to  article  nine-
 teen-G of the executive law].
   § 24. The opening paragraph of subparagraph (iii) of paragraph (a) and
 paragraph (d) of subdivision 4 of section 353.5 of the family court act,
 as amended by section 6 of subpart A of part G of chapter 57 of the laws
 of 2012, are amended to read as follows:
   after  the  period  set under subparagraph (ii) of this paragraph, the
 respondent shall be placed in a residential facility  for  a  period  of
 twelve months; provided, however, that if the respondent has been placed
 from  a family court in a social services district operating an approved
 juvenile justice services close to home initiative pursuant  to  section
 four  hundred  four of the social services law FOR AN ACT COMMITTED WHEN
 THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time  frames  in
 subparagraph (ii) of this paragraph are met:
   (d)  Upon  the  expiration  of the initial period of placement, or any
 extension thereof, the placement may  be  extended  in  accordance  with
 section  355.3  on a petition of any party or the office of children and
 family services, or, if applicable, a social services district operating
 an approved juvenile justice services close to home initiative  pursuant
 to  section four hundred four of the social services law, after a dispo-
 sitional hearing, for an additional period not to exceed twelve  months,
 but  no  initial  placement or extension of placement under this section
 may continue beyond the respondent's twenty-first birthday, OR,  FOR  AN
 ACT  THAT  WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR
 OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.

 A. 3006--B                         127
 
   § 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.
   §  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:
   § 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:
   §  354.1. Retention and destruction of fingerprints of persons alleged
 to be juvenile delinquents. 1. If a  person  whose  fingerprints,  palm-
 prints  or  photographs  were  taken  pursuant  to  section 306.1 or was
 initially fingerprinted as a juvenile offender and the action is  subse-
 quently  removed  to  a  family  court pursuant to article seven hundred
 twenty-five of the criminal procedure law is adjudicated to be  a  juve-
 nile delinquent for a felony, the family court shall forward or cause to
 be  forwarded  to the division of criminal justice services notification
 of such adjudication and such related information as may be required  by
 such  division,  provided,  however,  in the case of a person eleven [or
 twelve] years of age such notification shall be provided only if the act
 upon which the adjudication is based would constitute a class [A  or  B]
 A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
 CATION  SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
 BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
   2. If a person whose  fingerprints,  palmprints  or  photographs  were
 taken  pursuant  to  section  306.1  or was initially fingerprinted as a
 juvenile offender and the action is subsequently removed to family court
 pursuant to article seven hundred twenty-five of the criminal  procedure
 law  has had all petitions disposed of by the family court in any manner
 other than an adjudication of juvenile delinquency for a felony, but  in
 the case of acts committed when such person was eleven [or twelve] years
 of  age  which would constitute a class [A or B] A-1 felony only, OR, IN
 THE CASE OF ACTS COMMITTED WHEN SUCH PERSON  WAS  TWELVE  YEARS  OF  AGE
 WHICH  WOULD  CONSTITUTE  A  CLASS  A OR B FELONY ONLY, all such finger-
 prints, palmprints, photographs, and copies thereof, and all information
 relating to such  allegations  obtained  by  the  division  of  criminal
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The  clerk of the court shall notify the commissioner of the division of
 criminal justice services and the heads of all  police  departments  and
 law  enforcement  agencies  having  copies  of  such  records, who shall
 destroy such records without unnecessary delay.
   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-

 A. 3006--B                         128
 
 cy shall serve a certification of such action upon the division of crim-
 inal justice services, and upon the appropriate police department or law
 enforcement agency.
   4.  If,  following the taking into custody of a person alleged to be a
 juvenile delinquent and the taking and forwarding  to  the  division  of
 criminal  justice  services  of  such person's fingerprints but prior to
 referral to the probation department or to the family court, an  officer
 or  agency,  elects not to proceed further, such officer or agency shall
 serve a certification of such election upon  the  division  of  criminal
 justice services.
   5.  Upon certification pursuant to subdivision twelve of section 308.1
 or subdivision three or four of this section, the department  or  agency
 shall  destroy  forthwith all fingerprints, palmprints, photographs, and
 copies thereof, and all other information obtained in the case  pursuant
 to  section  306.1.  Upon receipt of such certification, the division of
 criminal justice services and all police departments and law enforcement
 agencies having copies of such records shall destroy them.
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly adjudicated a juvenile delinquent for a felony, but in  the  case  of
 acts  committed  when  such a person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently  convicted  of  a
 crime, all fingerprints and related information obtained by the division
 of  criminal justice services pursuant to such section and not destroyed
 pursuant to subdivisions two, five and seven or  subdivision  twelve  of
 section 308.1 shall become part of such division's permanent adult crim-
 inal record for that person, notwithstanding section 381.2 or 381.3.
   7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
 quently adjudicated a juvenile delinquent for a felony, but in the  case
 of  acts  committed when such person was eleven [or twelve] years of age
 which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
 OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
 CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
 has been discharged from placement under this act  for  at  least  three
 years,  whichever occurs later, and has no criminal convictions or pend-
 ing  criminal  actions  which  ultimately  terminate   in   a   criminal
 conviction,  all  fingerprints,  palmprints,  photographs,  and  related
 information and copies thereof obtained pursuant to section 306.1 in the
 possession of the division of  criminal  justice  services,  any  police
 department,  law  enforcement  agency  or  any  other  agency  shall  be
 destroyed forthwith. The division of  criminal  justice  services  shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion  pursuant  to  section  306.1  of their obligation to destroy those
 records in their possession. In the case of a  pending  criminal  action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   §  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

 A. 3006--B                         129
 
 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.
   § 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.
   §  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.
   § 31. Subdivisions 2 and 6 of section 360.3 of the family  court  act,
 as  added  by  chapter  920  of the laws of 1982, are amended to read as
 follows:
   2. At the time of his OR HER first appearance following the filing  of
 a petition of violation the court must: (a) advise the respondent of the
 contents of the petition and furnish him OR HER with a copy thereof; (b)
 determine whether the respondent should be released or detained pursuant
 to section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
 A  RESPONDENT  TO  BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD
 NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT  DETER-
 MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
 SAFETY  AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
 RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD  CONSTITUTE  A  VIOLENT
 FELONY  AS  DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
 ADULT AND THE USE OF GRADUATED SANCTIONS  HAVE  BEEN  EXHAUSTED  WITHOUT
 SUCCESS; and (c) ask the respondent whether he OR SHE wishes to make any
 statement  with  respect  to  the  violation.  If the respondent makes a
 statement, the court may accept it and base its  decision  thereon;  the
 provisions  of subdivision two of section 321.3 shall apply in determin-
 ing whether a statement should be accepted. If the court does not accept
 such statement or if the respondent does not make a statement, the court
 shall proceed with the hearing. Upon request, the court  shall  grant  a
 reasonable adjournment to the respondent to enable him OR HER to prepare
 for the hearing.
   6.  At the conclusion of the hearing the court may revoke, continue or
 modify the order of probation or conditional  discharge.  If  the  court

 A. 3006--B                         130
 
 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.
   §  32.    Subdivision  6  of section 375.2 of the family court act, as
 added by chapter 926 of the laws of 1982 and renumbered by  chapter  398
 of the laws of 1983, is amended to read as follows:
   6.  Such  a  motion cannot be filed until the respondent's [sixteenth]
 EIGHTEENTH birthday.
   § 32-a. 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 and 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:
   § 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
 executive law] IN A FOSTER CARE PROGRAM CERTIFIED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES OR A  CERTIFIED  OR  APPROVED  FAMILY  BOARDING
 HOME,  OR IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, A FOSTER
 CARE FACILITY ESTABLISHED AND MAINTAINED  PURSUANT  TO  SOCIAL  SERVICES
 LAW.
   (c) "[Secure detention] DETENTION facility". A facility [characterized
 by  physically  restricting construction, hardware and procedures] OPER-
 ATED IN ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THE EXECUTIVE LAW.
   (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)] (E) "Dispositional hearing". A hearing to determine whether  the
 respondent requires supervision or treatment.

 A. 3006--B                         131

   [(g)]  (F)  "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)]  (G)  "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)]  (H)  "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)]  (I)  "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)] (J) "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)]  (K) "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)] (L) "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.
   (M) "FAMILY SUPPORT CENTER". A PROGRAM ESTABLISHED PURSUANT  TO  TITLE
 TWELVE OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
   §  33.  Section 720 of the family court act, as amended by chapter 419
 of the laws of 1987, subdivision 3 as amended by section 9 of subpart  B
 of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
 of  subdivision  5  as added by section 8 of part G of chapter 58 of the
 laws of 2010, is amended to read as follows:
   § 720. Detention. 1. No child to whom the provisions  of this  article
 may apply, shall be detained in any prison, jail, lockup, or other place

 A. 3006--B                         132
 
 used  for  adults  convicted of crime or under arrest and charged with a
 crime.
   2. The detention of a child in a [secure] detention facility shall not
 be directed under any of the provisions of this article.
   3.  Detention  of a person alleged to be or adjudicated as a person in
 need of supervision shall, except as provided  in  subdivision  four  of
 this  section,  be authorized only in a foster care program certified by
 the office of children and family services, or a certified  or  approved
 family  boarding  home, [or a non-secure detention facility certified by
 the office] and in accordance with section seven hundred thirty-nine  of
 this  article.  The setting of the detention shall take into account (a)
 the proximity to the community in which the  person  alleged  to  be  or
 adjudicated  as a person in need of supervision lives with such person's
 parents or to which such person will be discharged, and (b) the existing
 educational setting of such person and the proximity of such setting  to
 the location of the detention setting.
   4. Whenever detention is authorized and ordered pursuant to this arti-
 cle,  for  a  person alleged to be or adjudicated as a person in need of
 supervision, a family court in a city having a population of one million
 or more shall,  notwithstanding  any  other  provision  of  law,  direct
 detention  in a foster care facility established and maintained pursuant
 to the social services law. In all other respects, the detention of such
 a person in a foster care facility shall be  subject  to  the  identical
 terms  and conditions for detention as are set forth in this article and
 in section two hundred thirty-five of this act.
   5. (a) The court shall not order or direct detention under this  arti-
 cle, unless the court determines that there is no substantial likelihood
 that  the  youth  and  his  or  her family will continue to benefit from
 diversion services, AND THAT CONTINUATION  IN  THE  HOME  WOULD  NOT  BE
 APPROPRIATE  BECAUSE  SUCH CONTINUATION WOULD (A) CONTINUE OR WORSEN THE
 CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION, OR  THAT  CREATED  THE
 NEED  FOR  A  PETITION  TO  BE SOUGHT OR (B) CREATE A SAFETY RISK TO THE
 CHILD OR THE CHILD'S FAMILY and that all OTHER available alternatives to
 detention have been exhausted; and
   (b) [Where the youth is sixteen years of age or older, the court shall
 not order or direct detention  under  this  article,  unless  the  court
 determines  and  states in its order that special circumstances exist to
 warrant such detention.
   (c)] If the respondent may be a sexually exploited child as defined in
 subdivision one of section four  hundred  forty-seven-a  of  the  social
 services law, the court may direct the respondent to an available short-
 term  safe  house  as defined in subdivision two of section four hundred
 forty-seven-a of the social services law as an alternative to detention.
   § 33-a. Section 727 of the family court act, as amended by chapter 920
 of the laws of 1982, subdivisions (a) and (b) as amended by chapter  419
 of the laws of 1987, is amended to read as follows:
   §  727.  Rules of court authorizing release before filing of petition.
 (a) The agency responsible for operating a [detention  facility]  FOSTER
 CARE  PROGRAM CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR
 A CERTIFIED OR APPROVED FAMILY BOARDING  HOME,  or  in  a  city  of  one
 million  or  more,  the  agency  responsible for operating a foster care
 facility, may release a child in custody before the filing of a petition
 to the custody of his parents  or  other  relative,  guardian  or  legal
 custodian  when the events occasioning the taking into custody appear to
 involve a petition to determine whether a person is in  need  of  super-

 A. 3006--B                         133
 
 vision  rather  than a petition to determine whether a person is a juve-
 nile delinquent.
   (b)  When  a  release is made under this section such release may, but
 need not, be conditioned upon the giving of  a  recognizance  in  accord
 with  PARAGRAPH  (I) OF SUBDIVISION (B) OF section seven hundred twenty-
 four [(b) (i)] OF THIS PART.
   (c) If the probation service for any reason does not release  a  child
 under  this  section, the child shall promptly be brought before a judge
 of the court, if practicable, and section seven hundred twenty-eight  OF
 THIS PART shall apply.
   § 34.  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:
   § 728. Discharge, release or detention  by  judge  after  hearing  and
 before  filing  of petition in custody cases.  (a) If a child in custody
 is brought before a judge of the  family  court  before  a  petition  is
 filed,  the  judge  shall  hold  a  hearing  for the purpose of making a
 preliminary determination of whether the court appears to have jurisdic-
 tion over the child. At the commencement of the hearing, the judge shall
 advise the child of his or her right to remain silent, his or her  right
 to  be  represented  by  counsel  of his or her own choosing, and of the
 right to have an attorney assigned in accord with part four  of  article
 two  of  this act. The judge must also allow the child a reasonable time
 to send for his or her  parents  or  other  person  or  persons  legally
 responsible  for his or her care, and for counsel, and adjourn the hear-
 ing for that purpose.
   (b) After hearing, the judge shall order the release of the  child  to
 the  custody  of  his parent or other person legally responsible for his
 care if the court does not appear to have jurisdiction.
   (c) An order of release under this  section  may,  but  need  not,  be
 conditioned  upon the giving of a recognizance in accord with [sections]
 SECTION seven hundred twenty-four (b) (i).
   (d) Upon a finding of facts and  reasons  which  support  a  detention
 order pursuant to this section, the court shall also determine and state
 in any order directing detention:
   (i)  that there is no substantial likelihood that the youth and his or
 her family will  continue  to  benefit  from  diversion  services,  THAT
 CONTINUATION IN THE HOME WOULD NOT BE APPROPRIATE BECAUSE SUCH CONTINUA-
 TION  WOULD  (A)  CONTINUE  OR  WORSEN  THE CIRCUMSTANCES ALLEGED IN THE
 UNDERLYING PETITION, OR THAT CREATED THE  NEED  FOR  A  PETITION  TO  BE
 SOUGHT  OR  (B)  CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY
 and that  all  OTHER  available  alternatives  to  detention  have  been
 exhausted; and
   (ii)  whether  continuation  of the child in the child's home would be
 contrary to the best interests of the child based upon, and limited  to,
 the  facts  and  circumstances available to the court at the time of the
 hearing held in accordance with this section; and
   (iii) where appropriate, whether reasonable efforts were made prior to
 the date of the court hearing that resulted in the detention  order,  to
 prevent  or  eliminate the need for removal of the child from his or her
 home or, if the child had been removed from his or her home prior to the

 A. 3006--B                         134
 
 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.
   § 35.  Section 735 of the family court act, as added by section  7  of
 part  E of chapter 57 of the laws of 2005, subdivision (b) as amended by
 chapter 38 of the laws of 2014, paragraph  (i)  of  subdivision  (d)  as
 amended  by  chapter  535  of  the  laws of 2011, and subdivision (h) as
 amended by chapter 499 of the laws  of  2015,  is  amended  to  read  as
 follows:
   §  735. Preliminary procedure; diversion services. (a) Each county and
 any city having a population of one million or more shall  offer  diver-
 sion services as defined in section seven hundred twelve of this article
 to  youth  who  are  at risk of being the subject of a person in need of
 supervision petition. Such services shall  be  designed  to  provide  an
 immediate response to families in crisis, to identify and utilize appro-
 priate  alternatives  to  detention  and  to divert youth from being the
 subject of a petition in family court. Each county and such  city  shall
 designate  either  the  local  social services district or the probation
 department as lead  agency  for  the  purposes  of  providing  diversion
 services.
   (b) The designated lead agency shall:
   (i)  confer  with any person seeking to file a petition, the youth who
 may be a potential respondent, his or her family, and  other  interested
 persons, concerning the provision of diversion services before any peti-
 tion may be filed; and
   (ii) diligently attempt to prevent the filing of a petition under this
 article or, after the petition is filed, to prevent the placement of the
 youth  into  foster care IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-
 SIX OF THIS ARTICLE; and
   (iii) assess whether the youth would benefit from residential  respite
 services; and
   (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
 IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
 SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
   (V)  determine  whether  alternatives  to detention are appropriate to
 avoid remand of the youth to detention;
   (VI) DETERMINE WHETHER THE YOUTH AND  HIS  OR  HER  FAMILY  SHOULD  BE
 REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; [and]
   (VII)  ASSESS  WHETHER REMAINING IN THE HOME WOULD CAUSE THE CONTINUA-
 TION OR WORSENING OF THE CIRCUMSTANCES THAT CREATED THE NEED FOR A PETI-
 TION TO BE SOUGHT, OR CREATE A SAFETY RISK TO THE CHILD OR  THE  CHILD'S
 FAMILY; AND
   [(v)]  (VIII)  determine  whether  an  assessment  of  the  youth  for
 substance use disorder by an office of alcoholism  and  substance  abuse
 services certified provider is necessary when a person seeking to file a
 petition  alleges  in  such  petition that the youth is suffering from a
 substance use disorder which could make the youth a danger to himself or
 herself or others. Provided, however,  that  notwithstanding  any  other
 provision  of  law to the contrary, the designated lead agency shall not
 be required to pay for all or any portion of the costs of  such  assess-

 A. 3006--B                         135
 
 ment  or  for  any  substance  use  disorder or detoxification services,
 except in cases where medical assistance for needy persons may  be  used
 to  pay  for  all  or  any  portion  of  the costs of such assessment or
 services.  The  office  of alcoholism and substance abuse services shall
 make a list of its certified providers available to the designated  lead
 agency.
   (c)  Any  person or agency seeking to file a petition pursuant to this
 article which does not have attached thereto the documentation  required
 by subdivision (g) of this section shall be referred by the clerk of the
 court  to  the  designated lead agency which shall schedule and hold, on
 reasonable notice to the potential petitioner, the youth and his or  her
 parent or other person legally responsible for his or her care, at least
 one  conference  in  order  to  determine  the factual circumstances and
 determine whether the youth and his or her family should receive  diver-
 sion services pursuant to this section. Diversion services shall include
 clearly  documented diligent attempts to provide appropriate services to
 the youth and his or her family unless it is determined that there is no
 substantial likelihood that the youth and his or her family will benefit
 from further  diversion  attempts.  Notwithstanding  the  provisions  of
 section  two  hundred  sixteen-c of this act, the clerk shall not accept
 for filing under this part any petition  that  does  not  have  attached
 thereto the documentation required by subdivision (g) of this section.
   (d)  Diversion  services shall include documented diligent attempts to
 engage the youth and his or her family in appropriately targeted  commu-
 nity-based services, but shall not be limited to:
   (i)  providing,  at the first contact, information on the availability
 of or a referral to services in the geographic area where the youth  and
 his  or  her  family  are located that may be of benefit in avoiding the
 need to file a petition under this article; including the  availability,
 for  up  to  twenty-one  days,  of a residential respite program, if the
 youth and his or her parent or other person legally responsible for  his
 or  her care agree, and the availability of other non-residential crisis
 intervention programs such as A FAMILY  SUPPORT  CENTER,  family  crisis
 counseling  or alternative dispute resolution programs or an educational
 program as defined in section four hundred fifty-eight-l of  the  social
 services law.
   (ii) scheduling and holding at least one conference with the youth and
 his  or her family and the person or representatives of the entity seek-
 ing to file a petition under this  article  concerning  alternatives  to
 filing  a  petition  and services that are available. Diversion services
 shall include clearly documented diligent attempts to provide  appropri-
 ate  services to the youth and his or her family before it may be deter-
 mined that there is no substantial likelihood that the youth and his  or
 her family will benefit from further attempts.
   (iii) where the entity seeking to file a petition is a school district
 or local educational agency, the designated lead agency shall review the
 steps  taken  by  the  school  district  or  local educational agency to
 improve the youth's attendance and/or conduct in school and  attempt  to
 engage the school district or local educational agency in further diver-
 sion  attempts,  if  it  appears  from review that such attempts will be
 beneficial to the youth.
   (e) The designated lead agency shall maintain a  written  record  with
 respect  to  each  youth  and  his  or  her family for whom it considers
 providing or provides diversion services pursuant to this  section.  The
 record  shall  be made available to the court at or prior to the initial

 A. 3006--B                         136
 
 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:
   (A)  if the potential petitioner is the parent or other person legally
 responsible for the youth, a notice  from  the  designated  lead  agency
 indicating  there  is no bar to the filing of the petition as the poten-
 tial petitioner consented to  and  actively  participated  in  diversion
 services; and
   (B)  a  notice  from  the  designated  lead agency stating that it has
 terminated diversion services because it has determined that there is no
 substantial likelihood that the youth and his or her family will benefit
 from further attempts, and that  the  case  has  not  been  successfully
 diverted.
   (h)  No  statement made to the designated lead agency or to any agency
 or organization to which the potential  respondent  has  been  referred,
 prior  to the filing of the petition, or if the petition has been filed,
 prior to the time the respondent has  been  notified  that  attempts  at
 diversion  will  not  be  made  or have been terminated, or prior to the
 commencement of a fact-finding hearing if attempts at diversion have not
 terminated previously, may be admitted into evidence at  a  fact-finding
 hearing or, if the proceeding is transferred to a criminal court, at any
 time prior to a conviction.
   §  36.    Subdivision  (b)  of section 742 of the family court act, as
 amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
 amended to read as follows:
   (b)  At  the  initial  appearance  of  the respondent, the court shall
 review any termination of diversion services pursuant to  such  section,
 and  the  documentation  of  diligent  attempts  to  provide appropriate
 services and determine whether such efforts  or  services  provided  are
 sufficient  [and]. THE COURT may, AT ANY TIME, subject to the provisions

 A. 3006--B                         137
 
 of section seven hundred forty-eight of this article, order  that  addi-
 tional  diversion  attempts be undertaken by the designated lead agency.
 The court may order the youth and the parent  or  other  person  legally
 responsible  for  the youth to participate in diversion services. If the
 designated lead agency thereafter determines  that  the  case  has  been
 successfully resolved, it shall so notify the court, and the court shall
 dismiss the petition.
   §  37.  Subdivision  (a)  of  section  749 of the family court act, as
 amended by section 4 of part V of chapter 55 of the  laws  of  2012,  is
 amended to read as follows:
   (a)  (i) Upon or after a fact-finding hearing, the court may, upon its
 own motion or upon a motion of a party to the proceeding, order that the
 proceeding be "adjourned in contemplation of dismissal". An  adjournment
 in contemplation of dismissal is an adjournment of the proceeding, for a
 period not to exceed six months with a view to ultimate dismissal of the
 petition  in  furtherance  of  justice. Upon issuing such an order, upon
 such permissible terms and  conditions  as  the  rules  of  court  shall
 define, the court must release the individual.
   (ii)  The court may, as a condition of an adjournment in contemplation
 of dismissal order: (A) in cases where the  record  indicates  that  the
 consumption  of alcohol may have been a contributing factor, require the
 respondent to attend and complete an alcohol  awareness  program  estab-
 lished  pursuant  to  section 19.25 of the mental hygiene law; or (B) in
 cases where the record indicates that cyberbullying or sexting  was  the
 basis  of the petition, require an eligible person to complete an educa-
 tion  reform  program  in   accordance   with   section   four   hundred
 fifty-eight-l of the social services law; OR (C) PARTICIPATE IN SERVICES
 INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY FAMILY SUPPORT CENTERS.
   (iii)  Upon  application  of  the  petitioner, or upon the court's own
 motion, made at any time during the duration of the order, the court may
 restore the matter  to  the  calendar.  If  the  proceeding  is  not  so
 restored, the petition is at the expiration of the order, deemed to have
 been dismissed by the court in furtherance of justice.
   §  38.  Section 751 of the family court act, as amended by chapter 100
 of the laws of 1993, is amended to read as follows:
   § 751. Order dismissing petition. If the  allegations  of  a  petition
 under  this  article  are  not  established, the court shall dismiss the
 petition. The court may in its discretion dismiss a petition under  this
 article,  in  the  interests of justice where attempts have been made to
 adjust the case as provided for in sections  seven  hundred  thirty-five
 and  seven  hundred  forty-two of this article and the probation service
 has exhausted its efforts to successfully adjust such case as  a  result
 of  the  petition's  failure  to  provide  reasonable  assistance to the
 probation service. IN DISMISSING A PETITION PURSUANT  TO  THIS  SECTION,
 THE  COURT SHALL CONSIDER WHETHER A REFERRAL OF SERVICES WOULD BE APPRO-
 PRIATE TO MEET THE NEEDS OF THE RESPONDENT AND HIS OR HER FAMILY.
   § 39. Section 754 of the family court act, subdivision 1 as designated
 by chapter 878 of the laws of 1976, paragraph (c) of  subdivision  1  as
 amended  by  section 4 of part V of chapter 383 of the laws of 2001, the
 closing paragraph of subdivision 1 as added by section 5 of  part  V  of
 chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
 the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
 amended  by  section  20  and  the closing paragraph of paragraph (b) of
 subdivision 2 as amended by section 21 of part L of chapter  56  of  the
 laws of 2015, is amended to read as follows:

 A. 3006--B                         138
 
   §  754.  Disposition on adjudication of person in need of supervision.
 1.  Upon an adjudication of person in need  of  supervision,  the  court
 shall enter an order of disposition:
   (a) Discharging the respondent with warning;
   (b)  Suspending  judgment  in accord with section seven hundred fifty-
 five OF THIS PART;
   (c) Continuing the proceeding and placing  the  respondent  in  accord
 with  section  seven  hundred fifty-six OF THIS PART; provided, however,
 that the court shall not place the respondent  in  accord  with  section
 seven  hundred fifty-six where the respondent is sixteen years of age or
 older, unless the court determines and states in its order that  special
 circumstances exist to warrant such placement; or
   (d)  Putting  the respondent on probation in accord with section seven
 hundred fifty-seven OF THIS PART.
   The court may order an eligible person to complete an education reform
 program in accordance with section four  hundred  fifty-eight-l  of  the
 social services law, as part of a disposition pursuant to paragraph (a),
 (b)  or  (d)  of  this  subdivision.  THE COURT MAY ALSO ORDER SERVICES,
 INCLUDING THOSE PROVIDED BY A FAMILY SUPPORT CENTER, AS PART OF A DISPO-
 SITION PURSUANT TO PARAGRAPH (A), (B) OR (D) OF THIS SUBDIVISION.
   2. (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COURT SHALL NOT ORDER PLACEMENT WITH THE LOCAL  COMMISSIONER  OF  SOCIAL
 SERVICES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART UNLESS
 THE COURT FINDS AND STATES IN WRITING THAT:
   (I)  NO  APPROPRIATE  SUITABLE  RELATIVE OR SUITABLE PRIVATE PERSON IS
 AVAILABLE FOR PLACEMENT PURSUANT TO SECTION SEVEN HUNDRED  FIFTY-SIX  OF
 THIS PART; AND
   (II)  PLACEMENT  IN  THE CHILD'S HOME WOULD NOT BE APPROPRIATE BECAUSE
 SUCH PLACEMENT WOULD:
   (A) CONTINUE OR WORSEN THE CIRCUMSTANCES  ALLEGED  IN  THE  UNDERLYING
 PETITION OR,
   (B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY.
   (B)  The  order  shall  state  the  court's reasons for the particular
 disposition. If the court places the child in  accordance  with  section
 seven  hundred  fifty-six  of  this  part,  the court in its order shall
 determine: (i) whether continuation in the child's home would be contra-
 ry to the best interest of the child and where appropriate, that reason-
 able efforts were made prior to the date of  the  dispositional  hearing
 held  pursuant  to  this  article  to  prevent or eliminate the need for
 removal of the child from his or her home and, if the child was  removed
 from  his  or  her  home  prior  to  the date of such hearing, that such
 removal was in the child's best interest and, where appropriate, reason-
 able efforts were made to make it possible for the child to return safe-
 ly home. If the court determines that reasonable efforts to  prevent  or
 eliminate  the need for removal of the child from the home were not made
 but that the lack of such efforts  was  appropriate  under  the  circum-
 stances,  the  court order shall include such a finding; and (ii) in the
 case of a child who has attained the age of fourteen, the services need-
 ed, if any, to assist the child to make the transition from foster  care
 to independent living. Nothing in this subdivision shall be construed to
 modify  the standards for directing detention set forth in section seven
 hundred thirty-nine of this article.
   [(b)] (C) For the purpose  of  this  section,  reasonable  efforts  to
 prevent  or  eliminate  the need for removing the child from the home of
 the child or to make it possible for the child to return safely  to  the
 home of the child shall not be required where the court determines that:

 A. 3006--B                         139

   (i)  the  parent  of  such child has subjected the child to aggravated
 circumstances, as defined in subdivision (g) of  section  seven  hundred
 twelve of this article;
   (ii)  the parent of such child has been convicted of (A) murder in the
 first degree as defined in section 125.27 or murder in the second degree
 as defined in section 125.25 of the penal law and the victim was another
 child of the parent; or (B) manslaughter in the first degree as  defined
 in  section  125.20  or  manslaughter in the second degree as defined in
 section 125.15 of the penal law and the victim was another child of  the
 parent,  provided,  however, that the parent must have acted voluntarily
 in committing such crime;
   (iii) the parent of such child has been convicted  of  an  attempt  to
 commit any of the crimes set forth in subparagraphs (i) and (ii) of this
 paragraph,  and  the  victim or intended victim was the child or another
 child of the parent; or has been convicted of criminal  solicitation  as
 defined  in  article  one  hundred, conspiracy as defined in article one
 hundred five or criminal facilitation as defined in article one  hundred
 fifteen  of the penal law for conspiring, soliciting or facilitating any
 of the foregoing crimes, and the victim or intended victim was the child
 or another child of the parent;
   (iv) the parent of such child has been convicted  of  assault  in  the
 second  degree as defined in section 120.05, assault in the first degree
 as defined in section 120.10 or aggravated assault upon  a  person  less
 than eleven years old as defined in section 120.12 of the penal law, and
 the  commission of one of the foregoing crimes resulted in serious phys-
 ical injury to the child or another child of the parent;
   (v) the parent of such child has been convicted in any other jurisdic-
 tion of an offense which includes all of the essential elements  of  any
 crime  specified  in subparagraph (ii), (iii) or (iv) of this paragraph,
 and the victim of such offense was the child or  another  child  of  the
 parent; or
   (vi) the parental rights of the parent to a sibling of such child have
 been involuntarily terminated;
 unless  the  court determines that providing reasonable efforts would be
 in the best interests of the child, not contrary to the health and safe-
 ty of the child, and would likely result in  the  reunification  of  the
 parent  and  the  child in the foreseeable future. The court shall state
 such findings in its order.
   If the court determines  that  reasonable  efforts  are  not  required
 because  of  one  of  the  grounds set forth above, a permanency hearing
 shall be held within thirty days of the finding of the court  that  such
 efforts  are  not  required.  At the permanency hearing, the court shall
 determine the appropriateness of the permanency  plan  prepared  by  the
 social services official which shall include whether and when the child:
 (A)  will  be  returned to the parent; (B) should be placed for adoption
 with the social services official filing a petition for  termination  of
 parental  rights;  (C)  should  be  referred for legal guardianship; (D)
 should be placed permanently with a fit and  willing  relative;  or  (E)
 should  be placed in another planned permanent living arrangement with a
 significant connection to an adult willing to be a  permanency  resource
 for  the  child if the child is age sixteen or older and if the require-
 ments of subparagraph (E)  of  paragraph  (iv)  of  subdivision  (d)  of
 section seven hundred fifty-six-a of this part have been met. The social
 services  official shall thereafter make reasonable efforts to place the
 child in a timely manner and to complete whatever steps are necessary to
 finalize the permanent placement of  the  child  as  set  forth  in  the

 A. 3006--B                         140
 
 permanency  plan approved by the court. If reasonable efforts are deter-
 mined by the court not to be required because of one of the grounds  set
 forth  in  this paragraph, the social services official may file a peti-
 tion for termination of parental rights in accordance with section three
 hundred eighty-four-b of the social services law.
   [(c)]  (D)  For the purpose of this section, in determining reasonable
 efforts to be made with respect to a child, and in making  such  reason-
 able  efforts,  the  child's  health  and  safety shall be the paramount
 concern.
   [(d)] (E) For the purpose of this section, a sibling shall  include  a
 half-sibling.
   §  40. Section 755 of the family court act, subdivision (a) as amended
 by chapter 124 of the laws of 1993, is amended to read as follows:
   § 755. Suspended judgment. (a) Rules of court shall define permissible
 terms and conditions of a suspended judgment. The court may order  as  a
 condition of a suspended judgment restitution, SERVICES, INCLUDING THOSE
 PROVIDED  BY A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW or services for public good  pursuant  to
 section  seven  hundred  fifty-eight-a, and[, except when the respondent
 has been assigned to a facility in accordance with subdivision  four  of
 section  five  hundred  four of the executive law,] in cases wherein the
 record indicates that the consumption of alcohol by the  respondent  may
 have  been  a contributing factor, the court may order attendance at and
 completion of an  alcohol  awareness  program  established  pursuant  to
 section 19.25 of the mental hygiene law.
   (b) The maximum duration of any term or condition of a suspended judg-
 ment is one year, unless the court finds at the conclusion of that peri-
 od  that  exceptional  circumstances require an additional period of one
 year.
   § 41. Section 756 of the family court act, as amended by  chapter  920
 of  the  laws  of  1982,  paragraph (i) of subdivision (a) as amended by
 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
 of subdivision (a) as amended by section 11 of part G of chapter  58  of
 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
 1999,  and subdivision (c) as amended by section 10 of part E of chapter
 57 of the laws of 2005, is amended to read as follows:
   § 756. Placement. (a)  (i)  For  purposes  of  section  seven  hundred
 fifty-four,  the  court  may  place  the child in its own home or in the
 custody of a suitable relative or other suitable private  person  [or  a
 commissioner of social services], subject to the orders of the court.
   (ii)  Where  the  child  is  placed with the commissioner of the local
 social services district, the court may direct the commissioner to place
 the child with an authorized agency or  class  of  authorized  agencies,
 including,  if  the  court  finds  that  the  respondent  is  a sexually
 exploited child as defined in subdivision one of  section  four  hundred
 forty-seven-a  of  the  social services law, an available long-term safe
 house. Unless the dispositional order provides otherwise, the  court  so
 directing  shall  include  one of the following alternatives to apply in
 the event that the commissioner is unable to so place the child:
   (1) the commissioner shall apply to the court for an  order  to  stay,
 modify,  set  aside, or vacate such directive pursuant to the provisions
 of section seven hundred sixty-two or seven hundred sixty-three; or
   (2) the commissioner shall return the child to the family court for  a
 new dispositional hearing and order.
   (b)  Placements  under  this  section  may be for an initial period of
 [twelve months] NINETY DAYS.  The court may extend a placement  pursuant

 A. 3006--B                         141
 
 to  section  seven hundred fifty-six-a. In its discretion, the court may
 recommend restitution or require services for public  good  pursuant  to
 section  seven  hundred  fifty-eight-a  in  conjunction with an order of
 placement.    [For  the  purposes  of  calculating the initial period of
 placement, such placement shall be deemed to have commenced  sixty  days
 after  the date the child was removed from his or her home in accordance
 with the provisions of this article.] If  the  respondent  has  been  in
 detention  pending  disposition, the initial period of placement ordered
 under this section shall be credited with and diminished by  the  amount
 of  time  spent by the respondent in detention prior to the commencement
 of the placement unless the court finds that all or part of such  credit
 would not serve the best interests of the respondent.
   (c)  [A  placement  pursuant  to this section with the commissioner of
 social services shall not be directed in  any  detention  facility,  but
 the]  THE  court  may  direct  detention pending transfer to a placement
 authorized and ordered  under  this  section  for  no  more  than  [than
 fifteen]  TEN days after such order of placement is made. Such direction
 shall be subject to extension pursuant to subdivision three  of  section
 three  hundred  ninety-eight  of  the  social services law, upon written
 documentation to the office of children and  family  services  that  the
 youth  is in need of specialized treatment or placement and the diligent
 efforts by the commissioner of social services to locate an  appropriate
 placement.
   §  42.  Section 756-a of the family court act, as added by chapter 604
 of the laws of 1986, subdivision (a) as amended by chapter  309  of  the
 laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
 of  chapter 327 of the laws of 2007, subdivisions (c) and (e) as amended
 by chapter 7 of the laws of 1999, paragraph (ii) of subdivision  (d)  as
 amended  by section 3 of part M of chapter 54 of the laws of 2016, para-
 graphs (iii), (iv) and (v) of subdivision (d) as amended by  section  23
 and  subdivision  (d-1) as amended by section 24 of part L of chapter 56
 of the laws of 2015, is amended to read as follows:
   § 756-a. Extension of placement. (a) In any case in  which  the  child
 has  been placed pursuant to section seven hundred fifty-six, the child,
 the person with whom the child has been placed or  the  commissioner  of
 social  services  may  petition the court to extend such placement. Such
 petition shall be filed at least [sixty] THIRTY days prior to the  expi-
 ration  of  the period of placement, except for good cause shown, but in
 no event shall such petition be  filed  after  the  original  expiration
 date.
   (b)  The  court shall conduct a permanency hearing concerning the need
 for continuing the placement. The child, the person with whom the  child
 has  been  placed and the commissioner of social services shall be noti-
 fied of such hearing and shall have the right to be heard thereat.
   (c) The provisions of section seven hundred forty-five shall apply  at
 such  permanency hearing. If the petition is filed within [sixty] THIRTY
 days prior to the expiration of the period of placement, the court shall
 first determine at such permanency hearing whether good cause  has  been
 shown. If good cause is not shown, the court shall dismiss the petition.
   (d)  At the conclusion of the permanency hearing the court may, in its
 discretion, order an extension of the placement for not more  than  [one
 year] NINETY DAYS.  The court must consider and determine in its order:
   (i)  where  appropriate,  that reasonable efforts were made to make it
 possible for the child to safely return to his or her home,  or  if  the
 permanency  plan  for  the child is adoption, guardianship or some other
 permanent living arrangement other than reunification with the parent or

 A. 3006--B                         142
 
 parents of the child, reasonable efforts are  being  made  to  make  and
 finalize  such  alternate permanent placement including consideration of
 appropriate in-state and out-of-state placements;
   (ii)  in the case of a child who has attained the age of fourteen, (A)
 the services needed, if any, to assist the child to make the  transition
 from foster care to successful adulthood; and (B)(1) that the permanency
 plan  developed  for the child, and any revision or addition to the plan
 shall be developed in consultation with the child and, at the option  of
 the  child,  with up to two additional members of the child's permanency
 planning team who are selected by the child and who  are  not  a  foster
 parent  of, or case worker, case planner or case manager for, the child,
 except that the local commissioner of social services  with  custody  of
 the  child  may  reject  an  individual so selected by the child if such
 commissioner has good cause to believe that the individual would not act
 in the best interests of the child,  and  (2)  that  one  individual  so
 selected  by  the child may be designated to be the child's advisor and,
 as necessary, advocate with respect to the application of the reasonable
 and prudent parent standard;
   (iii) in the case of a child placed outside New  York  state,  whether
 the  out-of-state  placement continues to be appropriate and in the best
 interests of the child;
   (iv) whether and when the child: (A) will be returned to  the  parent;
 (B)  should  be  placed  for  adoption with the social services official
 filing a petition for termination of  parental  rights;  (C)  should  be
 referred for legal guardianship; (D) should be placed permanently with a
 fit  and  willing  relative;  or (E) should be placed in another planned
 permanent living arrangement with a significant connection to  an  adult
 willing  to  be  a permanency resource for the child if the child is age
 sixteen or older and (1) the social services official has documented  to
 the  court:  (I) intensive, ongoing, and, as of the date of the hearing,
 unsuccessful efforts made by the social services district to return  the
 child  home  or  secure a placement for the child with a fit and willing
 relative including adult siblings, a  legal  guardian,  or  an  adoptive
 parent, including through efforts that utilize search technology includ-
 ing  social  media  to find biological family members for children, (II)
 the steps the social services district is taking to ensure that (A)  the
 child's  foster  family  home  or  child  care facility is following the
 reasonable and prudent  parent  standard  in  accordance  with  guidance
 provided  by  the United States department of health and human services,
 and (B) the child has regular, ongoing opportunities to engage in age or
 developmentally appropriate activities including by consulting with  the
 child  in an age-appropriate manner about the opportunities of the child
 to participate in activities; and (2) the social services  district  has
 documented  to  the  court  and  the court has determined that there are
 compelling reasons for determining that it continues to not  be  in  the
 best  interest  of the child to return home, be referred for termination
 of parental rights and placed for adoption, placed with a fit and  will-
 ing  relative,  or  placed  with a legal guardian; and (3) the court has
 made a determination explaining why, as of  the  date  of  the  hearing,
 another  planned  living arrangement with a significant connection to an
 adult willing to be a permanency resource for  the  child  is  the  best
 permanency plan for the child; and
   (v) where the child will not be returned home, consideration of appro-
 priate in-state and out-of-state placements.
   (d-1)  At  the  permanency  hearing,  the court shall consult with the
 respondent in an age-appropriate manner regarding the  permanency  plan;

 A. 3006--B                         143
 
 provided,  however,  that  if the respondent is age sixteen or older and
 the requested permanency plan for the respondent is placement in another
 planned permanent living arrangement with a significant connection to an
 adult  willing to be a permanency resource for the respondent, the court
 must ask the respondent about the desired  permanency  outcome  for  the
 respondent.
   (e) Pending final determination of a petition to extend such placement
 filed  in accordance with the provisions of this section, the court may,
 on its own motion or at the request of  the  petitioner  or  respondent,
 enter  one  or more temporary orders extending a period of placement not
 to exceed thirty days upon satisfactory proof showing probable cause for
 continuing such placement and that each temporary  order  is  necessary.
 The  court  may  order  additional temporary extensions, not to exceed a
 total of fifteen days, if the court is unable to  conclude  the  hearing
 within  the thirty day temporary extension period. In no event shall the
 aggregate number of days in extensions granted  or  ordered  under  this
 subdivision  total  more  than  forty-five  days.  The petition shall be
 dismissed if a decision is not rendered within the period  of  placement
 or any temporary extension thereof. Notwithstanding any provision of law
 to  the  contrary,  the  initial permanency hearing shall be held within
 [twelve months of the date the child was placed into care] A  REASONABLE
 PERIOD  OF  TIME PRIOR TO THE EXPIRATION OF THE INITIAL PERIOD OF PLACE-
 MENT pursuant to section seven hundred fifty-six [of this  article]  and
 no  later than every twelve months thereafter. [For the purposes of this
 section, the date the child was placed into care  shall  be  sixty  days
 after  the child was removed from his or her home in accordance with the
 provisions of this section.]
   (f) Successive extensions of  placement  under  this  section  may  be
 granted,  but  no  placement may be made or continued beyond the child's
 eighteenth birthday without his or her consent and in no event past  his
 or her twenty-first birthday.
   §  43.  Section 757 of the family court act is amended by adding a new
 subdivision (e) to read as follows:
   (E) THE COURT MAY ORDER SERVICES DEEMED  APPROPRIATE  TO  ADDRESS  THE
 CIRCUMSTANCES  ALLEGED  IN  THE  UNDERLYING  PETITION INCLUDING SERVICES
 PROVIDED BY FAMILY SUPPORT CENTERS.
   § 44. Section 758-a of the family court act, as amended by chapter  73
 of  the  laws of 1979, subdivision 1 as amended by chapter 4 of the laws
 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
 laws of 2007, subdivision 2 as amended by chapter 309  of  the  laws  of
 1996, and subdivision 3 as separately amended by chapter 568 of the laws
 of 1979, is amended to read as follows:
   § 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

 A. 3006--B                         144
 
 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.  The court, upon receipt of the reports provided for in subdivision
 two or three of this section may, on its own motion or the motion of any
 party or the agency, hold a hearing to determine whether  the  placement
 should be altered or modified.
   §  45.  Subdivision  (f)  of  section  759 of the family court act, as
 amended by section 11 of part E of chapter 57 of the laws  of  2005,  is
 amended to read as follows:
   (f)  to  participate  in family counseling or other professional coun-
 seling activities, or other services,  including  SERVICES  PROVIDED  BY
 FAMILY   SUPPORT   CENTERS,   alternative  dispute  resolution  services
 conducted by an authorized person or an authorized agency to  which  the
 youth  has  been  referred or placed, deemed necessary for the rehabili-
 tation of the youth, provided that such family counseling,  other  coun-
 seling  activity  or  other  necessary services are not contrary to such
 person's religious beliefs;
   § 46. Section 768 of the family  court  act  is  amended  to  read  as
 follows:
   § 768. Successive petitions. If a petition under section seven hundred
 sixty-four  is  denied,  it  may not be renewed for a period of [ninety]
 THIRTY days after the denial, unless the order of denial permits renewal
 at an earlier time.
   § 47. Section 153-k of the social services law is  amended  by  adding
 two new subdivisions 2-a and 2-b to read as follows:

 A. 3006--B                         145
 
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
 REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
 ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
 MADE  AVAILABLE  FOR  SUCH  PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE
 SERVICES,  INDEPENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED
 TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD  NOT
 OTHERWISE  HAVE  BEEN  PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A
 CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT INCREASED THE AGE  OF
 JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
 REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
 ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
 MADE  AVAILABLE FOR SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS ESTABLISHED
 PURSUANT TO TITLE TWELVE OF THIS ARTICLE.
   § 48.  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.
   § 49. 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.
   §  458-M.  FAMILY  SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
 "FAMILY SUPPORT CENTER" SHALL MEAN A  PROGRAM  ESTABLISHED  PURSUANT  TO
 THIS  TITLE  TO  PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO YOUTH AT
 RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
 VISION PURSUANT TO ARTICLE SEVEN OF THE  FAMILY  COURT  ACT,  AND  THEIR
 FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED
 SUPPORTIVE SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE  JUVE-
 NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D) MENTAL AND BEHAVIORAL HEALTH SERVICES, AS DEFINED  IN  SUBDIVISION
 FIFTY-EIGHT  OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, INCLUDING COGNI-
 TIVE INTERVENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES; AND
   (G) OTHER FAMILY SUPPORT SERVICES.
   3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL  BE
 TRAUMA  SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
 AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-

 A. 3006--B                         146
 
 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.
   § 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, STATE REIMBURSEMENT SHALL BE
 MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES  MADE  BY  SOCIAL
 SERVICES  DISTRICTS,  EXCLUSIVE  OF ANY FEDERAL FUNDS MADE AVAILABLE FOR
 SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FAMILY
 SUPPORT  CENTERS  SHALL  BE ESTABLISHED IN EACH SOCIAL SERVICES DISTRICT
 THROUGHOUT THE STATE WITH THE APPROVAL OF THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  PROVIDED  HOWEVER  THAT  TWO  OR MORE SOCIAL SERVICES
 DISTRICTS MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A  FAMILY
 SUPPORT  CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THERE-
 WITH.
   3. SOCIAL SERVICES DISTRICTS MAY CONTRACT WITH  NOT-FOR-PROFIT  CORPO-
 RATIONS  OR  UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY SUPPORT CENTERS
 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
 REQUIREMENTS ISSUED BY THE OFFICE. FAMILY  SUPPORT  CENTERS  SHALL  HAVE
 SUFFICIENT  CAPACITY  TO  PROVIDE  SERVICES  TO  YOUTH WITHIN THE SOCIAL
 SERVICES DISTRICT OR DISTRICTS WHO ARE AT RISK OF BECOMING,  ALLEGED  OR
 ADJUDICATED  TO  BE  PERSONS  IN NEED OF SUPERVISION PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION,  TO  THE
 EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
 WHO  ARE  ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE FAMILY COURT
 ACT.
   4. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE  SHALL
 REPORT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT  THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   § 50. Subdivisions 3 and 11 of section 398 of the social services law,
 subdivision  3  as amended by chapter 419 of the laws of 1987, paragraph
 (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
 the laws of 2005, subdivision 11 as added by chapter 514 of the laws  of
 1976, are amended to read as follows:
   3. As to delinquent children and persons in need of supervision:
   (a) Investigate complaints as to alleged delinquency of a child.
   (b)  Bring  such case of alleged delinquency when necessary before the
 family court.
   (c) Receive within fifteen days from  the  order  of  placement  as  a
 public charge any delinquent child committed or placed or IN THE CASE OF
 A  person in need of supervision placed, TEN DAYS, in his or her care by
 the family court provided, however, that the commissioner of the  social
 services  district  with whom the child is placed may apply to the state
 commissioner or his or  her  designee  for  approval  of  an  additional
 fifteen  days,  OR  IN  THE CASE OF A PERSON IN NEED OF SUPERVISION, TEN
 DAYS, upon written documentation to the office of  children  and  family
 services that the youth is in need of specialized treatment or placement
 and  the  diligent  efforts  by  the  commissioner of social services to
 locate an appropriate placement.
   11. In the case of a child who is adjudicated  a  person  in  need  of
 supervision  or  a juvenile delinquent and is placed by the family court
 with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
 who is placed by [the division for youth] SUCH OFFICE with an authorized

 A. 3006--B                         147
 
 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].
   §  51.  Subdivision  8  of  section 404 of the social services law, as
 added by section 1 of subpart A of part G of chapter 57 of the  laws  of
 2012, is amended to read as follows:
   8.  (a)  Notwithstanding any other provision of law to the contrary[,]
 EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION,  eligible
 expenditures  during  the  applicable  time  periods  made  by  a social
 services district for an approved juvenile  justice  services  close  to
 home  initiative  shall, if approved by the department of family assist-
 ance, be subject to reimbursement with state funds only up to the extent
 of an annual  appropriation  made  specifically  therefor,  after  first
 deducting  therefrom  any  federal  funds  properly  received  or  to be
 received on account thereof; provided, however,  that  when  such  funds
 have  been  exhausted,  a  social  services  district  may receive state
 reimbursement from other available state appropriations for  that  state
 fiscal  year for eligible expenditures for services that otherwise would
 be reimbursable under such funding streams. Any claims  submitted  by  a
 social services district for reimbursement for a particular state fiscal
 year  for  which  the  social  services  district does not receive state
 reimbursement from the annual appropriation for the  approved  close  to
 home initiative may not be claimed against that district's appropriation
 for the initiative for the next or any subsequent state fiscal year.
   (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

 A. 3006--B                         148
 
 year,  the  population of the previous July first through June thirtieth
 period shall be compared  to  the  baseline  year  for  determining  any
 adjustments to a state fiscal year appropriation. When either population
 increases  by ten percent or more, the reimbursement will be adjusted by
 a percentage equal to the larger of the percentage  increase  in  either
 the  number of probation intakes for alleged juvenile delinquents or the
 total population of adjudicated juvenile delinquents placed on probation
 combined with the population of adjudicated juvenile delinquents  placed
 out of their homes in a setting other than a secure facility pursuant to
 section 352.2 of the family court act.
   (iv)  The social services district and/or the New York city department
 of probation shall provide an annual report including the data  required
 to  calculate  the  population adjustment to the New York city office of
 management and budget, the division of criminal justice services and the
 state division of the budget no later than the first  day  of  September
 following  the  close  of the previous July first through June thirtieth
 period.
   (A-1) STATE REIMBURSEMENT SHALL BE  MADE  AVAILABLE  FOR  ONE  HUNDRED
 PERCENT  OF  ELIGIBLE  EXPENDITURES  MADE BY A SOCIAL SERVICES DISTRICT,
 EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE  FOR  SUCH  PURPOSES,  FOR
 APPROVED  JUVENILE  JUSTICE  SERVICES  UNDER  AN  APPROVED CLOSE TO HOME
 INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
 SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
 PROVISIONS IN A CHAPTER OF THE  LAWS  OF  TWO  THOUSAND  SEVENTEEN  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

 A. 3006--B                         149
 
 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.
   §  52.  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 previous-
 ly  placed  in  the  care and custody or custody and guardianship of the
 local commissioner of social services or other officer, board or depart-
 ment authorized to receive  children  as  public  charges  where  it  is
 reasonable  to believe that by providing such services the former foster
 care youth will avoid a return to foster care or (ii) the child  is  the
 subject  of  a  petition under article seven of the family court act, or
 has been determined by the assessment service  established  pursuant  to
 section  two  hundred  forty-three-a  of  the  executive  law, or by the
 probation service where no such assessment service has been  designated,
 to  be  at  risk of being the subject of such a petition, and the social
 services official determines that the child is at risk of placement into
 foster care. Such finding shall be entered in the child's  uniform  case
 record  established  and  maintained  pursuant  to  section four hundred
 nine-f of this chapter. The commissioner shall promulgate regulations to
 assist social services officials in making determinations of eligibility
 for mandated preventive services pursuant to this  [subparagraph]  PARA-
 GRAPH.

 A. 3006--B                         150
 
   § 53. 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:
 § 30.00 Infancy.
   1.  Except  as provided in [subdivision] SUBDIVISIONS two AND THREE of
 this section, a person less than [sixteen] EIGHTEEN  years  old  is  not
 criminally responsible for conduct.
   2.  A  person  thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN
 years of age is criminally responsible for acts constituting  murder  in
 the  second  degree  as  defined  in subdivisions one and two of section
 125.25 and in subdivision three of such section provided that the under-
 lying crime for the murder charge is one for which such person is crimi-
 nally responsible or for such conduct as a  sexually  motivated  felony,
 where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
 CHAPTER; and a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
 of age is  criminally  responsible  for  acts  constituting  the  crimes
 defined  in  section  135.25  (kidnapping  in  the first degree); 150.20
 (arson in the first degree); subdivisions one and two of section  120.10
 (assault  in  the  first  degree);  125.20  (manslaughter  in  the first
 degree); subdivisions one and two of section 130.35 (rape in  the  first
 degree); subdivisions one and two of section 130.50 (criminal sexual act
 in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
 degree); 140.30 (burglary in  the  first  degree);  subdivision  one  of
 section  140.25  (burglary  in  the second degree); 150.15 (arson in the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section 160.10 (robbery in  the  second  degree)  of  this  chapter;  or
 section  265.03  of this chapter, where such machine gun or such firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen of section 220.00 of this chapter; or defined in  this  chapter
 as an attempt to commit murder in the second degree or kidnapping in the
 first  degree, or for such conduct as a sexually motivated felony, where
 authorized pursuant to section 130.91 of [the penal law] THIS CHAPTER.
   3. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY  RESPONSI-
 BLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
 VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
 INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE
 SECOND  DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
 WEAPON IN THE FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT  UPON  A  POLICE
 OFFICER  OR  A  PEACE  OFFICER);  125.22 (AGGRAVATED MANSLAUGHTER IN THE
 FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR  WITNESS  IN  THE  FIRST
 DEGREE);  265.04  (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
 CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
 USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
 121.13  (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE)  OF  THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   4.  In any prosecution for an offense, lack of criminal responsibility
 by reason of infancy, as defined in this section, is a defense.
   § 54. 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:

 A. 3006--B                         151
 
   (2)  If the sentence is to be imposed upon a youthful offender finding
 which has been substituted for a conviction for any  felony,  the  court
 must  impose a sentence authorized to be imposed upon a person convicted
 of a class E felony provided, however,  that  (A)  the  court  must  not
 impose  a sentence of [conditional discharge or] unconditional discharge
 if the youthful offender finding was substituted for a conviction  of  a
 felony defined in article two hundred twenty of this chapter.
   § 55. Section 60.10 of the penal law, as amended by chapter 411 of the
 laws of 1979, is amended to read as follows:
 § 60.10 Authorized disposition; juvenile offender.
   1.   When a juvenile offender is convicted of a crime, the court shall
 sentence the defendant to imprisonment in accordance with section  70.05
 or  sentence  [him]  THE  DEFENDANT  upon a youthful offender finding in
 accordance with section 60.02 of this chapter.
   2. Subdivision one of this section shall apply when sentencing a juve-
 nile offender notwithstanding the provisions of any other law that deals
 with the authorized sentence for persons who are not juvenile offenders.
 Provided, however, that the limitation prescribed by this section  shall
 not  be  deemed  or  construed  to bar use of a conviction of a juvenile
 offender, other than a juvenile offender  who  has  been  adjudicated  a
 youthful  offender  pursuant to section 720.20 of the criminal procedure
 law, as a previous or predicate felony  offender  under  section  70.04,
 70.06,  70.07,  70.08[, or 70.10,] OR 70.80 when sentencing a person who
 commits a felony after [he] SUCH PERSON has reached the age of [sixteen]
 EIGHTEEN.
   § 56. Paragraph (b) of subdivision 2 of section  70.05  of  the  penal
 law,  as  added by chapter 481 of the laws of 1978, is amended and three
 new paragraphs (b-1), (f) and (g) are added to read as follows:
   (b) For [the] A class [A] A-I felony [of arson in the first degree, or
 for the class A felony of kidnapping in the  first  degree]  OTHER  THAN
 MURDER  IN  THE SECOND DEGREE, the term shall be fixed by the court, and
 shall be at least twelve years but shall not exceed fifteen years;
   (B-1) FOR A CLASS A-II FELONY THE TERM SHALL BE FIXED BY THE COURT AND
 SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FOURTEEN YEARS;
   (F) FOR A CLASS E FELONY, THE TERM SHALL BE FIXED  BY  THE  COURT  AND
 SHALL NOT EXCEED TWO YEARS;
   (G)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW, THE COURT MAY
 SENTENCE A JUVENILE  OFFENDER  TO  AN  ALTERNATIVE  SENTENCE,  INCLUDING
 PROBATION OR A DEFINITE SENTENCE OF IMPRISONMENT OF ONE YEAR OR LESS, IF
 SUCH  ALTERNATIVE  SENTENCE  IS  AUTHORIZED BY LAW FOR A PERSON EIGHTEEN
 YEARS OF AGE OR OLDER CONVICTED OF THE SAME OFFENSE.
   § 57. Paragraph (b) of subdivision 3 of section  70.05  of  the  penal
 law,  as  added by chapter 481 of the laws of 1978, is amended and three
 new paragraphs (b-1), (c-1) and (d) are added to read as follows:
   (b) For [the] A class [A] A-I felony [of arson in the first degree, or
 for the class A felony of kidnapping in the  first  degree]  OTHER  THAN
 MURDER IN THE SECOND DEGREE, the minimum period of imprisonment shall be
 fixed  by  the court and shall be not less than four years but shall not
 exceed six years; and
   (B-1) FOR A CLASS A-II FELONY,  THE  MINIMUM  PERIOD  OF  IMPRISONMENT
 SHALL  BE  FIXED BY THE COURT AND SHALL BE NOT LESS THAN THREE YEARS BUT
 SHALL NOT EXCEED FIVE YEARS; AND
   (C-1) FOR A CLASS E FELONY, THE MINIMUM PERIOD OF  IMPRISONMENT  SHALL
 BE FIXED BY THE COURT AT ONE YEAR.
   (D)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW, THE COURT MAY
 SENTENCE A JUVENILE  OFFENDER  TO  AN  ALTERNATIVE  SENTENCE,  INCLUDING

 A. 3006--B                         152
 
 PROBATION OR A DEFINITE SENTENCE OF IMPRISONMENT OF ONE YEAR OR LESS, IF
 SUCH  ALTERNATIVE  SENTENCE  IS  AUTHORIZED BY LAW FOR A PERSON EIGHTEEN
 YEARS OF AGE OR OLDER CONVICTED OF THE SAME OFFENSE.
   §  58.  Subdivision 1 of section 70.20 of the penal law, as amended by
 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1. [(a)] Indeterminate or determinate sentence. Except as provided  in
 subdivision  four  of this section, when an indeterminate or determinate
 sentence of imprisonment is imposed, the court shall commit the  defend-
 ant  to the custody of the state department of corrections and community
 supervision for the term of his or her sentence and  until  released  in
 accordance  with  the law; provided, however, that a defendant sentenced
 pursuant to subdivision seven of section 70.06 shall be committed to the
 custody of the state department of corrections and community supervision
 for immediate delivery to a reception center operated by the department.
   [(b) The court in committing a defendant who is not yet eighteen years
 of age to the department of corrections and community supervision  shall
 inquire as to whether the parents or legal guardian of the defendant, if
 present,  will  grant  to  the  minor the capacity to consent to routine
 medical, dental and mental health services and treatment.
   (c) Notwithstanding paragraph (b) of this subdivision, where the court
 commits a defendant who is not yet eighteen years of age to the  custody
 of the department of corrections and community supervision in accordance
 with this section and no medical consent has been obtained prior to said
 commitment,  the  commitment order shall be deemed to grant the capacity
 to consent to routine medical, dental and  mental  health  services  and
 treatment to the person so committed.
   (d) Nothing in this subdivision shall preclude a parent or legal guar-
 dian  of  an  inmate  who is not yet eighteen years of age from making a
 motion on notice to the department of corrections and  community  super-
 vision  pursuant  to  article  twenty-two  of the civil practice law and
 rules and section one hundred forty of the correction law, objecting  to
 routine  medical,  dental  or mental health services and treatment being
 provided to such inmate under the provisions of paragraph  (b)  of  this
 subdivision.
   (e)  Nothing  in  this  section shall require that consent be obtained
 from the parent or legal guardian, where  no  consent  is  necessary  or
 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.]
   § 58-a. Subdivision d of section 74 of chapter 3 of the laws of  1995,
 enacting  the sentencing reform act of 1995, as amended by section 19 of
 part B of chapter 55 of the laws of 2015, is amended and a new  subdivi-
 sion d-1 is added to read as follows:
   d.  Sections  one-a  through  EIGHT,  TEN  THROUGH twenty, twenty-four
 through twenty-eight, thirty through thirty-nine, forty-two  and  forty-
 four of this act shall be deemed repealed on September 1, 2017;
   D-1. SECTION NINE OF THIS ACT SHALL BE DEEMED REPEALED ON SEPTEMBER 1,
 2019;
   §  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.

 A. 3006--B                         153
 
   [(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.]
   §  60.  Subdivision 4 of section 70.20 of the penal law, as amended by
 section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   4. (a) Notwithstanding any other provision of law to the  contrary,  a
 juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
 ful offender and given an indeterminate or a definite sentence, AND  WHO
 IS  UNDER  THE  AGE  OF  TWENTY-ONE  AT THE TIME OF SENTENCING, shall be
 committed to the custody of the commissioner of the office  of  children
 and family services who shall arrange for the confinement of such offen-
 der  in  [secure]  facilities  of the office. The release or transfer of
 such offenders from the office of children and family services shall  be
 governed  by  section  five  hundred  eight of the executive law. IF THE
 JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED A YOUTHFUL OFFENDER AND IS
 TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME OF SENTENCING,  HE  OR  SHE
 SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION.
   (A-1)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, A
 PERSON WHO IS SENTENCED TO AN INDETERMINATE SENTENCE  AS  AN  ADULT  FOR
 COMMITTING  A CRIME WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF AGE
 WHO IS SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND SEVENTEEN TO A
 TERM OF AT LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER  THE  AGE  OF
 EIGHTEEN  AT  THE  TIME HE OR SHE IS SENTENCED SHALL BE COMMITTED TO THE
 CUSTODY OF THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  WHO  SHALL  ARRANGE  FOR  THE  CONFINEMENT OF SUCH OFFENDER IN
 FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM
 THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY  SECTION
 FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   (b)  The  court in committing [a juvenile offender and youthful offen-
 der] AN OFFENDER UNDER EIGHTEEN YEARS OF  AGE  to  the  custody  of  the
 office  of  children and family services shall inquire as to whether the
 parents or legal guardian of the youth, if present, will consent for the
 office of children and  family  services  to  provide  routine  medical,
 dental and mental health services and treatment.
   (c) Notwithstanding paragraph (b) of this subdivision, where the court
 commits  an offender to the custody of the office of children and family
 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

 A. 3006--B                         154
 
 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.
   § 60-a. Paragraph (f) of subdivision 1 of section 70.30 of  the  penal
 law, as added by chapter 481 of the laws of 1978 and relettered by chap-
 ter 3 of the laws of 1995, is amended to read as follows:
   (f) The aggregate maximum term of consecutive sentences imposed upon a
 juvenile  offender for two or more crimes, not including a class A felo-
 ny, committed before he has reached the age of  sixteen,  shall,  if  it
 exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
 nate sentences imposed upon a juvenile offender include a  sentence  for
 [the]  A class A felony [of arson in the first degree or for the class A
 felony of kidnapping in the first  degree]  OTHER  THAN  MURDER  IN  THE
 SECOND  DEGREE, then the aggregate maximum term of such sentences shall,
 if it exceeds fifteen years, be deemed to be fifteen  years.  Where  the
 aggregate  maximum  term of two or more consecutive sentences is reduced
 by a calculation made pursuant to this paragraph, the aggregate  minimum
 period  of imprisonment, if it exceeds one-half of the aggregate maximum
 term as so reduced, shall be deemed to  be  one-half  of  the  aggregate
 maximum term as so reduced.
   § 61.  Subdivision 18 of section 10.00 of the penal law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   18.  "Juvenile  offender" means (1) a person thirteen years old who is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or such conduct as a sexually motivated felony, where authorized  pursu-
 ant to section 130.91 of [the penal law; and] THIS CHAPTER;
   (2)  a  person  fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years old
 who is criminally responsible for acts constituting the  crimes  defined
 in  subdivisions  one  and  two  of section 125.25 (murder in the second
 degree) and in subdivision three  of  such  section  provided  that  the
 underlying  crime  for the murder charge is one for which such person is
 criminally responsible; section 135.25 (kidnapping in the first degree);
 150.20 (arson in the first degree); subdivisions one and two of  section
 120.10  (assault in the first degree); 125.20 (manslaughter in the first
 degree); subdivisions one and two of section 130.35 (rape in  the  first
 degree); subdivisions one and two of section 130.50 (criminal sexual act
 in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
 degree); 140.30 (burglary in  the  first  degree);  subdivision  one  of
 section  140.25  (burglary  in  the second degree); 150.15 (arson in the
 second degree); 160.15 (robbery in the first degree); subdivision two of
 section 160.10 (robbery in  the  second  degree)  of  this  chapter;  or
 section  265.03  of this chapter, where such machine gun or such firearm
 is possessed on school grounds, as that phrase is defined in subdivision
 fourteen of section 220.00 of this chapter; or defined in  this  chapter
 as an attempt to commit murder in the second degree or kidnapping in the
 first  degree,  or  such  conduct  as a sexually motivated felony, where
 authorized pursuant to section 130.91 of [the penal law]  THIS  CHAPTER;
 AND
   (3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
 BLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
 VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-

 A. 3006--B                         155
 
 INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN  THE  FIRST
 DEGREE);  490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
 IN THE SECOND DEGREE); 490.55 (CRIMINAL USE  OF  A  CHEMICAL  WEAPON  OR
 BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT UPON
 A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN
 THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
 DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE  FIRST  DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM  IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
 CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47  (CRIMINAL
 USE  OF  A  CHEMICAL  WEAPON  OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
 121.13 (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL  POSSESSION
 OF  A  CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   § 62. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42. "Juvenile offender" means (1) a person, thirteen years old who  is
 criminally responsible for acts constituting murder in the second degree
 as  defined  in  subdivisions one and two of section 125.25 of the penal
 law, or such conduct as a sexually motivated  felony,  where  authorized
 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
 [or],  fifteen, SIXTEEN OR SEVENTEEN years old who is criminally respon-
 sible for acts constituting the crimes defined in subdivisions  one  and
 two  of  section 125.25 (murder in the second degree) and in subdivision
 three of such section provided that the underlying crime for the  murder
 charge  is  one for which such person is criminally responsible; section
 135.25 (kidnapping in the first degree);  150.20  (arson  in  the  first
 degree);  subdivisions  one  and  two  of section 120.10 (assault in the
 first degree); 125.20 (manslaughter in the first  degree);  subdivisions
 one  and  two of section 130.35 (rape in the first degree); subdivisions
 one and two of section 130.50 (criminal sexual act in the first degree);
 130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
 the first degree); subdivision two of section  160.10  (robbery  in  the
 second  degree)  of  the  penal law; or section 265.03 of the penal law,
 where such machine gun or such firearm is possessed on  school  grounds,
 as  that  phrase is defined in subdivision fourteen of section 220.00 of
 the penal law; or defined in the penal  law  as  an  attempt  to  commit
 murder  in  the second degree or kidnapping in the first degree, or such
 conduct as a sexually motivated felony,  where  authorized  pursuant  to
 section  130.91  of the penal law; AND (3) A PERSON SIXTEEN OR SEVENTEEN
 YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE  CRIMES
 DEFINED  IN  SECTION  460.22  (AGGRAVATED ENTERPRISE CORRUPTION); 490.25
 (CRIME OF TERRORISM); 490.45 (CRIMINAL POSSESSION OF A  CHEMICAL  WEAPON
 OR  BIOLOGICAL  WEAPON  IN  THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
 CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  SECOND  DEGREE);  490.55
 (CRIMINAL  USE  OF  A  CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); 120.11 (AGGRAVATED ASSAULT UPON A POLICE  OFFICER  OR  A  PEACE
 OFFICER);  125.22  (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.17
 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL
 POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE  OF  A
 FIREARM  IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE
 FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF TERRORISM IN  THE  FIRST

 A. 3006--B                         156
 
 DEGREE);  490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL
 WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL  WEAPON
 OR  BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE
 FIRST  DEGREE);  490.37  (CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR
 BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS CHAPTER; OR A FELONY  SEX
 OFFENSE  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80
 OF THIS CHAPTER.
   § 63. The article heading of article 100 of the criminal procedure law
 is amended to read as follows:
                      --COMMENCEMENT OF ACTION IN LOCAL
         CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
                  CRIMINAL COURT] ACCUSATORY INSTRUMENTS
   § 63-a. The opening paragraph of section 100.05 of the criminal proce-
 dure law is amended to read as follows:
   A criminal action is commenced by the filing of an accusatory  instru-
 ment  with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE
 YOUTH PART OF THE SUPERIOR COURT, and if more than one  such  instrument
 is  filed  in  the  course  of  the  same  criminal  action, such action
 commences when the first of such instruments is filed.  The only way  in
 which  a  criminal action can be commenced in a superior court is by the
 filing therewith by a grand jury of an indictment  against  a  defendant
 who has never been held by a local criminal court for the action of such
 grand  jury  with  respect  to  any charge contained in such indictment;
 PROVIDED, HOWEVER, THAT WHEN THE CRIMINAL ACTION IS COMMENCED AGAINST  A
 JUVENILE  OFFENDER, SUCH CRIMINAL ACTION, WHATEVER THE FORM OF COMMENCE-
 MENT, SHALL BE FILED IN THE YOUTH PART OF THE SUPERIOR COURT OR, IF  THE
 YOUTH  PART IS NOT IN SESSION, FILED WITH THE MOST ACCESSIBLE MAGISTRATE
 DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE  APPLI-
 CABLE  DEPARTMENT  TO ACT AS A YOUTH PART.  Otherwise, a criminal action
 can be commenced only in a local criminal court, by the filing therewith
 of a local criminal court accusatory instrument, namely:
   § 63-b. The section heading and subdivision 5 of section 100.10 of the
 criminal procedure law are amended to read as follows:
   Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
 instruments; definitions thereof.
   5.  A "felony complaint" is a verified written accusation by a person,
 filed  with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT,
 charging one or more other persons with the commission of  one  or  more
 felonies.    It  serves  as  a  basis for the commencement of a criminal
 action, but not as a basis for prosecution thereof.
   § 63-c. The section heading of section 100.40 of the  criminal  proce-
 dure law is amended to read as follows:
   Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
 instruments; sufficiency on face.
   § 63-d. The criminal procedure law is amended by adding a new  section
 100.60 to read as follows:
 §  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.
   §  63-e.  The article heading of article 110 of the criminal procedure
 law is amended to read as follows:

 A. 3006--B                         157
 
                     --REQUIRING DEFENDANT'S APPEARANCE
          IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                              FOR ARRAIGNMENT
   § 63-f. The section heading and subdivisions 1 and 2 of section 110.10
 of the criminal procedure law are amended to read as follows:
   Methods of requiring defendant's appearance in local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT for arraignment; in general.
   1.  After  a  criminal  action  has been commenced in a local criminal
 court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
 instrument therewith, a defendant who has  not  been  arraigned  in  the
 action and has not come under the control of the court may under certain
 circumstances  be  compelled  or required to appear for arraignment upon
 such accusatory instrument by:
   (a)  The issuance and execution of a warrant of arrest, as provided in
 article one hundred twenty; or
   (b)  The issuance and service upon him of a summons,  as  provided  in
 article one hundred thirty; or
   (c)   Procedures provided in articles five hundred sixty, five hundred
 seventy, five hundred eighty, five hundred ninety and  six  hundred  for
 securing  attendance  of  defendants  in criminal actions who are not at
 liberty within the state.
   2.  Although no criminal action against a person has been commenced in
 any court, he may under certain circumstances be compelled  or  required
 to  appear  in  a local criminal court OR YOUTH PART OF A SUPERIOR COURT
 for arraignment upon an accusatory instrument to be filed  therewith  at
 or before the time of his appearance by:
   (a)    An  arrest  made  without a warrant, as provided in article one
 hundred forty; or
   (b)  The issuance and service upon him of  an  appearance  ticket,  as
 provided in article one hundred fifty.
   §  63-g.  Section  110.20 of the criminal procedure law, as amended by
 chapter 843 of the laws of 1980, is amended to read as follows:
 § 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT  accu-
             satory instruments; notice thereof to district attorney.
   When  a  criminal action in which a crime is charged is commenced in a
 local criminal court, other than the criminal court of the city  of  New
 York,  OR  YOUTH  PART  OF  THE SUPERIOR COURT, a copy of the accusatory
 instrument shall be promptly transmitted  to  the  appropriate  district
 attorney  upon or prior to the arraignment of the defendant on the accu-
 satory instrument.   If a police officer  or  a  peace  officer  is  the
 complainant  or  the  filer of a simplified information, or has arrested
 the defendant or brought him before the local criminal  court  OR  YOUTH
 PART  OF THE SUPERIOR COURT on behalf of an arresting person pursuant to
 subdivision one of section 140.20, such  officer  or  his  agency  shall
 transmit  the  copy  of  the  accusatory  instrument  to the appropriate
 district attorney.  In all other cases, the clerk of the court in  which
 the defendant is arraigned shall so transmit it.
   §  63-h.  The  opening paragraph of subdivision 1 of section 120.20 of
 the criminal procedure law, as amended by chapter 506  of  the  laws  of
 2000, is amended to read as follows:
   When a criminal action has been commenced in a local criminal court OR
 YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
 ry  instrument,  other  than a simplified traffic information, against a
 defendant who has not been arraigned upon such accusatory instrument and
 has not come under the control of the court with respect thereto:

 A. 3006--B                         158
 
   § 63-i. Section 120.30 of the criminal procedure  law  is  amended  to
 read as follows:
 §  120.30  Warrant of arrest; by what courts issuable and in what courts
              returnable.
   1.  A warrant of arrest may be issued only by the local criminal court
 OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
 instrument has been filed, and it may be made returnable in such issuing
 court only.
   2.  The particular local criminal court or courts  OR  YOUTH  PART  OF
 SUPERIOR  COURT  with which any particular local criminal court OR YOUTH
 PART OF THE SUPERIOR COURT accusatory instrument may be  filed  for  the
 purpose  of  obtaining a warrant of arrest are determined, generally, by
 the provisions of section 100.55 OR 100.60, AS APPLICABLE.  If, however,
 a particular accusatory instrument may pursuant to said  section  100.55
 be  filed with a particular town court and such town court is not avail-
 able at the time such instrument is sought to be  filed  and  a  warrant
 obtained, such accusatory instrument may be filed with the town court of
 any  adjoining town of the same county.  If such instrument may be filed
 pursuant to said section 100.55 with a particular village court and such
 village court is not available at the time, it may  be  filed  with  the
 town  court of the town embracing such village, or if such town court is
 not available either, with the town court of any adjoining town  of  the
 same county.
   §  63-j.  Section  120.55 of the criminal procedure law, as amended by
 section 71 of subpart B of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
 § 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.
   §  63-k. Subdivision 1 of section 120.70 of the criminal procedure law
 is amended to read as follows:
   1.  A warrant of arrest issued by a district court, by  the  New  York
 City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
 court  judge  sitting as a local criminal court may be executed anywhere
 in the state.
   § 63-l. Section 120.90 of the criminal procedure law,  as  amended  by
 chapter  424 of the laws of 1998, subdivision 8 as amended by chapter 96
 of the laws of 2010, is amended to read as follows:
 § 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

 A. 3006--B                         159
 
 criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
 is returnable.
   2.    Upon arresting a defendant for any offense pursuant to a warrant
 of arrest in a county adjoining the  county  in  which  the  warrant  is
 returnable, or upon so arresting him for a felony in any other county, a
 police  officer,  if he be one delegated to execute the warrant pursuant
 to section 120.60, must without unnecessary delay deliver the  defendant
 or  cause  him  to be delivered to the custody of the officer by whom he
 was so delegated, and the latter must then proceed as provided in subdi-
 vision one.
   3.  Upon arresting a defendant for an  offense  other  than  a  felony
 pursuant  to a warrant of arrest in a county other than the one in which
 the warrant is returnable or one adjoining it, a police officer,  if  he
 be  one to whom the warrant is addressed, must inform the defendant that
 he has a right to appear before a local criminal court of the county  of
 arrest  for  the  purpose  of  being released on his own recognizance or
 having bail fixed.  If the defendant does not desire to avail himself of
 such right, the officer must request him to endorse such fact  upon  the
 warrant,  and upon such endorsement the officer must without unnecessary
 delay bring him before the court in which the warrant is returnable.  If
 the defendant does desire to avail himself  of  such  right,  or  if  he
 refuses to make the aforementioned endorsement, the officer must without
 unnecessary  delay bring him before a local criminal court of the county
 of arrest.  Such court must release the defendant on  his  own  recogni-
 zance or fix bail for his appearance on a specified date in the court in
 which  the  warrant  is  returnable.   If the defendant is in default of
 bail, the officer must without unnecessary delay bring  him  before  the
 court in which the warrant is returnable.
   4.    Upon  arresting  a  defendant for an offense other than a felony
 pursuant to a warrant of arrest in a county other than the one in  which
 the  warrant  is returnable or one adjoining it, a police officer, if he
 be one delegated to execute the warrant pursuant to section 120.60,  may
 hold  the  defendant in custody in the county of arrest for a period not
 exceeding two hours for the purpose of delivering him to the custody  of
 the  officer  by  whom  he was delegated to execute such warrant. If the
 delegating officer receives custody of the defendant during such period,
 he must proceed as provided in subdivision three. Otherwise, the  deleg-
 ated  officer  must  inform  the defendant that he has a right to appear
 before a local criminal court for the purpose of being released  on  his
 own recognizance or having bail fixed.  If the defendant does not desire
 to  avail  himself  of such right, the officer must request him to make,
 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-

 A. 3006--B                         160
 
 ered to the custody of the delegating  officer.    Upon  receiving  such
 custody,  the  latter must without unnecessary delay bring the defendant
 before the court in which the warrant is returnable.
   5.   Whenever a police officer is required pursuant to this section to
 bring an arrested defendant before a town court in which  a  warrant  of
 arrest  is  returnable,  and  if such town court is not available at the
 time, such officer must, if a copy of the underlying accusatory  instru-
 ment  has  been  attached  to  the  warrant  pursuant to section 120.40,
 instead bring such defendant before any village court embraced, in whole
 or in part, by such town, or any local criminal court  of  an  adjoining
 town  or city of the same county or any village court embraced, in whole
 or in part, by such adjoining town. When the court in which the  warrant
 is returnable is a village court which is not available at the time, the
 officer  must  in such circumstances bring the defendant before the town
 court of the town embracing such village  or  any  other  village  court
 within  such  town or, if such town court or village court is not avail-
 able either, before the local criminal court of any town or city of  the
 same county which adjoins such embracing town or, before the local crim-
 inal court of any village embraced in whole or in part by such adjoining
 town.  When the court in which the warrant is returnable is a city court
 which is not available at the time, the officer  must  in  such  circum-
 stances  bring  the  defendant  before  the  local criminal court of any
 adjoining town or village embraced in whole or in part by such adjoining
 town of the same county.
   5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS  SECTION,
 TO  BRING  AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT
 IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF  SUCH  COURT  IS  NOT
 AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
 MOST  ACCESSIBLE  MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   6.  Before bringing a defendant arrested pursuant to a warrant  before
 the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
 warrant  is  returnable, a police officer must without unnecessary delay
 perform all fingerprinting and other preliminary police duties  required
 in  the  particular  case.  In  any  case  in which the defendant is not
 brought by a police officer before such court but, following his  arrest
 in another county for an offense specified in subdivision one of section
 160.10,  is  released  by a local criminal court of such other county on
 his own recognizance or on bail for his appearance on a  specified  date
 before  the local criminal court before which the warrant is returnable,
 the latter court must, upon arraignment  of  the  defendant  before  it,
 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

 A. 3006--B                         161
 
 will  compromise  an  ongoing  investigation  or  the prosecution of the
 defendant.
   §  63-l-1.  Subdivision  1 of section 120.90 of the criminal procedure
 law, as amended by chapter 492 of the laws of 2016, is amended  to  read
 as follows:
   1. Upon arresting a defendant for any offense pursuant to a warrant of
 arrest  in  the  county  in  which  the  warrant is returnable or in any
 adjoining county, or upon so arresting him or her for a  felony  in  any
 other  county, a police officer, if he or she 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, provided that, where a local criminal  court
 in  the county in which the warrant is returnable hereunder is operating
 an off-hours arraignment part designated in  accordance  with  paragraph
 (w)  of  subdivision  one of section two hundred twelve of the judiciary
 law at the time of defendant's return, such police officer may bring the
 defendant before such local criminal court.
   § 63-m. Subdivision 1 of section 130.10 of the criminal procedure law,
 as amended by chapter 446 of the laws of 1993, is  amended  to  read  as
 follows:
   1. A summons is a process issued by a local criminal court directing a
 defendant  designated  in  an information, a prosecutor's information, a
 felony complaint or a misdemeanor complaint filed with such court, OR  A
 YOUTH  PART  OF  A  SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A
 FELONY COMPLAINT, or by a superior court directing  a  defendant  desig-
 nated  in  an indictment filed with such court, to appear before it at a
 designated future time in connection with  such  accusatory  instrument.
 The sole function of a summons is to achieve a defendant's court appear-
 ance  in a criminal action for the purpose of arraignment upon the accu-
 satory instrument by which such action was commenced.
   § 63-n. Section 130.30 of the criminal procedure law,  as  amended  by
 chapter 506 of the laws of 2000, is amended to read as follows:
 § 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.
   §  63-o. Subdivision 1 of section 140.20 of the criminal procedure law
 is amended by adding a new paragraph (f) to read as follows:
   (F) IF THE ARREST IS FOR A PERSON UNDER  THE  AGE  OF  EIGHTEEN,  SUCH
 PERSON  SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
 THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL  BE  BROUGHT  BEFORE
 THE  MOST  ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
 THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   § 64. Subdivision 6 of section 140.20 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:

 A. 3006--B                         162
 
   6. Upon arresting a juvenile offender without a  warrant,  the  police
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his OR HER care or the person with whom  he  OR  SHE  is
 domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
 location of the facility where he OR SHE is being detained. IF THE OFFI-
 CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
 CHILD  UNDER  EIGHTEEN  YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
 JUVENILE OFFENDER AS DEFINED IN SECTION 30.00  OF  THE  PENAL  LAW,  THE
 OFFICER  MUST  TAKE  THE  JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
 ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTIONING  OF
 CHILDREN  OR,  UPON  THE  CONSENT  OF  A  PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO  THE  JUVENILE'S  RESIDENCE
 AND  THERE  QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
 NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS  THE  JUVE-
 NILE  AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
 IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH  QUES-
 TIONING; AND
   (D)  OF  THE  JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN DETERMINING THE SUITABILITY  OF  QUESTIONING  AND  DETERMINING  THE
 REASONABLE  PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
 JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS  OR  OTHER
 PERSONS  LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   § 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.
   § 64-b. Section 140.27 of the criminal procedure  law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A.  IF  THE  ARREST  IS FOR A PERSON UNDER THE AGE OF EIGHTEEN, SUCH
 PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT.  IF
 THE  YOUTH  PART  IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE
 THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE  DIVISION  OF
 THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   §  65.  Subdivision 5 of section 140.27 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   5.    Upon  arresting a juvenile offender without a warrant, the peace
 officer shall immediately notify the  parent  or  other  person  legally

 A. 3006--B                         163
 
 responsible for his care or the person with whom he OR SHE is domiciled,
 that  the  juvenile  offender has been arrested, and the location of the
 facility where he OR SHE is being detained.  IF THE  OFFICER  DETERMINES
 THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER
 EIGHTEEN YEARS OF AGE WHO FITS  WITHIN  THE  DEFINITION  OF  A  JUVENILE
 OFFENDER  AS  DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST
 TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
 THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR,  UPON
 THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
 OF  THE  JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR
 HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE  QUESTIONED
 PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
 NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
   §  66.  Subdivision 5 of section 140.40 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   5.    If  a  police  officer  takes an arrested juvenile offender into
 custody, the police officer shall immediately notify the parent or other
 person legally responsible for his OR HER care or the person  with  whom
 he  OR  SHE  is domiciled, that the juvenile offender has been arrested,
 and the location of the facility where he OR SHE is being detained.   IF
 THE  OFFICER  DETERMINES  THAT  IT  IS  NECESSARY TO QUESTION A JUVENILE
 OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF  AGE  WHO  FITS  WITHIN  THE
 DEFINITION  OF  A  JUVENILE  OFFENDER AS DEFINED IN SECTION 30.00 OF THE
 PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
 THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
 TIONING  OF  CHILDREN  OR,  UPON THE CONSENT OF A PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CARE OF  THE  JUVENILE,  TO  THE  JUVENILE'S
 RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
 A  JUVENILE  SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
 JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS  SUBDIVI-
 SION, IF PRESENT, HAVE BEEN ADVISED:
   (A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
   (B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
 LAW;
   (C)  OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
 TIONING; AND
   (D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED  FOR  HIM  OR
 HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
   IN  DETERMINING  THE  SUITABILITY  OF  QUESTIONING AND DETERMINING THE
 REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER,  THE
 JUVENILE'S  AGE,  THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
 PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION  PURSU-
 ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.

 A. 3006--B                         164
 
   §  66-a.  Section  150.40  of the criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER, ANY UNIFORM
 TRAFFIC TICKET ISSUED TO A PERSON SIXTEEN  OR  SEVENTEEN  YEARS  OF  AGE
 PURSUANT TO A VIOLATION OF ANY PROVISION OF THE VEHICLE AND TRAFFIC LAW,
 OR  ANY LOCAL LAW, CONSTITUTING A TRAFFIC INFRACTION SHALL BE RETURNABLE
 TO THE LOCAL CITY, TOWN, OR VILLAGE COURT, OR TRAFFIC VIOLATIONS  BUREAU
 HAVING JURISDICTION.
   §  67.  The  criminal procedure law is amended by adding a new section
 160.56 to read as follows:
 § 160.56 SEALING OF CERTAIN CONVICTIONS.
   1. DEFINITIONS: AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "ELIGIBLE  OFFENSE" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS OF
 THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
 TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE  TWO  HUNDRED  SIXTY-
 THREE  OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
 TWENTY-FIVE OF THE PENAL  LAW,  A  VIOLENT  FELONY  OFFENSE  DEFINED  IN
 SECTION  70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE
 PENAL LAW OTHER THAN A CLASS A FELONY OFFENSE  DEFINED  IN  ARTICLE  TWO
 HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
 A  SEX  OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
 LAW.  FOR THE PURPOSES OF THIS SECTION, WHERE THE DEFENDANT IS CONVICTED
 OF MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME  CRIMI-
 NAL  TRANSACTION  AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THIS
 CHAPTER, THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
   2. A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO  ELIGIBLE  OFFENSES
 BUT  NOT MORE THAN ONE FELONY OFFENSE MAY PETITION THE COURT IN WHICH HE
 OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION
 OR CONVICTIONS SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME  CLAS-
 SIFICATION,  THE  PETITION  SHALL  BE  FILED  IN  THE COURT IN WHICH THE
 DEFENDANT WAS LAST CONVICTED. ON THE DEFENDANT'S MOTION, THE  COURT  MAY
 ORDER THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROS-
 ECUTION  AND  CONVICTION  FOR THE DEFENDANT'S PRIOR ELIGIBLE OFFENSES BE
 CONDITIONALLY SEALED WHEN:
   (A) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME, INCLUDING
 CRIMES SEALED UNDER SECTION 160.58  OF  THIS  CHAPTER,  OTHER  THAN  THE
 ELIGIBLE OFFENSES;
   (B)  FOR  A MISDEMEANOR, AT LEAST ONE YEAR HAS PASSED SINCE: THE ENTRY
 OF THE JUDGMENT OR, IF THE DEFENDANT  WAS  SENTENCED  TO  A  CONDITIONAL
 DISCHARGE  OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION
 IMPOSED IN CONJUNCTION WITH  A  SENTENCE  OF  PROBATION  OR  CONDITIONAL
 DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
 TIONAL  DISCHARGE,  OR  IF THE DEFENDANT WAS SENTENCED TO INCARCERATION,
 THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
   (C) FOR AN ELIGIBLE FELONY, AT LEAST THREE YEARS  HAVE  PASSED  SINCE:
 THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDI-
 TIONAL  DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCAR-
 CERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION  OR  CONDI-
 TIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR
 CONDITIONAL  DISCHARGE,  OR IF THE DEFENDANT WAS SENTENCED TO INCARCERA-
 TION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONG-
 EST; AND
   (D) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE  DIVISION
 OF  CRIMINAL  JUSTICE  SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A
 FINGERPRINT BASED CRIMINAL HISTORY RECORD OF  THE  DEFENDANT,  INCLUDING

 A. 3006--B                         165
 
 ANY  SEALED  OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
 SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM  THE
 FEDERAL  BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
 TION  THAT  OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION IS HEREBY
 AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
 TIGATION FOR THIS PURPOSE. THE PARTIES SHALL  BE  PERMITTED  TO  EXAMINE
 THESE RECORDS;
   (E)  THE  DEFENDANT OR COURT HAS IDENTIFIED THE MISDEMEANOR CONVICTION
 OR CONVICTIONS OR FELONY CONVICTION FOR WHICH RELIEF MAY BE GRANTED;
   (F) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
 THE ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED, OR IF NO  SUCH  DOCUMENTA-
 TION  IS  REASONABLY  AVAILABLE,  A  SWORN  AFFIDAVIT THAT THE SENTENCES
 IMPOSED ON THE PRIOR ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED;
   (G) THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH  JURISDICTION
 IN  WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT TO
 WHICH SEALING IS SOUGHT, AND THE COURT OR COURTS OF CONVICTION FOR  SUCH
 OFFENSES,  THAT  THE  COURT  IS  CONSIDERING  SEALING THE RECORDS OF THE
 DEFENDANT'S ELIGIBLE CONVICTIONS. BOTH THE  DISTRICT  ATTORNEY  AND  THE
 COURT  SHALL  BE  GIVEN  A  REASONABLE OPPORTUNITY, WHICH SHALL BE UP TO
 THIRTY DAYS, IN WHICH TO COMMENT AND SUBMIT MATERIALS TO AID  THE  COURT
 IN  MAKING  SUCH  A  DETERMINATION.  WHEN  THE COURT NOTIFIES A DISTRICT
 ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY  SHALL  PROVIDE
 NOTICE  TO  THE  VICTIM,  IF  ANY, OF THE SEALING APPLICATION BY MAILING
 WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES OF  THIS
 SECTION  "VICTIM"  MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL OR FINAN-
 CIAL INJURY TO PERSON OR TO PROPERTY AS A DIRECT RESULT OF THE CRIME  OR
 CRIMES FOR WHICH SEALING IS APPLIED. THE COURT SHALL PROVIDE THE DEFEND-
 ANT WITH ANY MATERIALS SUBMITTED TO THE COURT IN RESPONSE TO THE DEFEND-
 ANT'S PETITION; AND
   (H) NO CHARGES FOR ANY OFFENSE ARE PENDING AGAINST THE DEFENDANT.
   3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
 TY  IN  WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT OF THE
 SEALING APPLICATION, THE COURT MAY CONDUCT A  HEARING  TO  CONSIDER  AND
 REVIEW  ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE
 COURT IN ITS DECISION WHETHER TO SEAL THE  RECORDS  OF  THE  DEFENDANT'S
 ARRESTS,  PROSECUTIONS  AND CONVICTIONS. IN MAKING SUCH A DETERMINATION,
 THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
 TO:
   (A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES  THAT
 RESULTED IN THE CONVICTION OR CONVICTIONS;
   (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
 ER  HAS  TAKEN  SINCE  THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI-
 TATION, INCLUDING TREATMENT, WORK, SCHOOL,  OR  OTHER  PERSONAL  HISTORY
 THAT DEMONSTRATES REHABILITATION;
   (C) THE DEFENDANT'S CRIMINAL HISTORY;
   (D)  THE  IMPACT  OF  SEALING  THE DEFENDANT'S RECORDS UPON HIS OR HER
 REHABILITATION AND HIS OR HER  SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
 REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
   (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
 FACT A VICTIM OF THE CRIME.
   4.  WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
 RECORDS  AND  PAPERS  RELATING  TO  THE   ARRESTS,   PROSECUTIONS,   AND
 CONVICTIONS,  INCLUDING  ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
 THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL  BE  SEALED
 AND  NOT  MADE  AVAILABLE  TO  ANY  PERSON  OR PUBLIC OR PRIVATE AGENCY;

 A. 3006--B                         166
 
 PROVIDED, HOWEVER, THE DIVISION SHALL  RETAIN  ANY  FINGERPRINTS,  PALM-
 PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
   5.  WHEN  THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
 OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE  DIVISION
 OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
 FOR  AN  OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED, REGARDING THE
 RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
   6. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
   (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
   (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
 EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
 LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
 ENFORCEMENT DUTIES;
   (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
 ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
 TION FOR SUCH A LICENSE;
   (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
 THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
 SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
 PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
 OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
 TO; OR
   (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE  FEDERAL
 BUREAU  OF  INVESTIGATION,  FOR THE PURPOSES OF RESPONDING TO QUERIES TO
 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
 TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED  IN  18
 USC 921 (A) (3).
   10.  IF,  WITHIN  TEN YEARS FOLLOWING THE ENTRY OF THE JUDGMENT OR, IF
 THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE OR  A  PERIOD  OF
 PROBATION,  INCLUDING  A  PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION
 WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF
 THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE,  OR  IF  THE
 DEFENDANT  WAS  SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM
 INCARCERATION, THE PERSON WHO IS THE  SUBJECT  OF  SUCH  RECORDS  SEALED
 PURSUANT  TO  THIS  SECTION IS ARRESTED FOR OR FORMALLY CHARGED WITH ANY
 MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
 LY AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW  MISDEMEANOR
 OR  FELONY  ARREST  RESULTS  IN A TERMINATION IN FAVOR OF THE ACCUSED AS
 DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF  THIS  ARTICLE  OR  BY
 CONVICTION  FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55 OF
 THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSU-
 ANT TO THIS SECTION.
   11. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO  WAIVE  ELIGIBILITY
 FOR  CONDITIONAL  SEALING  PURSUANT TO THIS SECTION AS PART OF A PLEA OF
 GUILTY, SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN  ELIGI-
 BLE  OFFENSE  AND  ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
 FORCEABLE.
   § 68. Section 180.75 of the criminal procedure law, as added by  chap-
 ter  481  of the laws of 1978, paragraph (b) of subdivision 3 as amended
 by chapter 920 of the laws of 1982, subdivision 4 as amended by  chapter
 264  of  the  laws of 2003, and subdivisions 5 and 6 as added by chapter
 411 of the laws of 1979, is amended to read as follows:
 § 180.75 Proceedings upon felony complaint; juvenile offender.

 A. 3006--B                         167
 
   1. When THE YOUTH PART OF A SUPERIOR COURT IS NOT  IN  SESSION  AND  a
 juvenile  offender is arraigned before [a local criminal court] THE MOST
 ACCESSIBLE MAGISTRATE  DESIGNATED  BY  THE  APPELLATE  DIVISION  OF  THE
 SUPREME  COURT  IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART, the
 provisions  of  this  section  shall  apply in lieu of the provisions of
 sections 180.30, 180.50 and 180.70 of this article.
   2. [If] WHETHER OR NOT the defendant waives a hearing upon the  felony
 complaint,  the  court  must  [order  that the defendant be held for the
 action of the grand jury of the appropriate superior court with  respect
 to the charge or charges contained in the felony complaint] TRANSFER THE
 ACTION  TO THE YOUTH PART OF THE SUPERIOR COURT.  In such case the court
 must promptly transmit to such YOUTH PART  OF  THE  superior  court  the
 order,  the  felony  complaint, the supporting depositions and all other
 pertinent documents.  Until such papers are received by the  YOUTH  PART
 OF  THE  superior court, the action is deemed to be still pending in the
 [local criminal court] COURT DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
   3. If there be a hearing, then at the conclusion of the  hearing,  the
 court must dispose of the felony complaint as follows:
   (a) If there is reasonable cause to believe that the defendant commit-
 ted  a  crime  for which a person under the age of [sixteen] EIGHTEEN is
 criminally responsible, the court must order that the defendant be  held
 for the action of a grand jury of the appropriate superior court; or
   (b)  If  there  is  not reasonable cause to believe that the defendant
 committed a crime for which a person under the age  of  [sixteen]  EIGH-
 TEEN, is criminally responsible but there is reasonable cause to believe
 that  the defendant is a "juvenile delinquent" as defined in subdivision
 one of section 301.2 of the family court act, the court must specify the
 act or acts it found reasonable cause to believe the defendant  did  and
 direct that the action be removed to the family court in accordance with
 the provisions of article seven hundred twenty-five of this chapter; or
   (c)  If  there  is  not reasonable cause to believe that the defendant
 committed any criminal act, the court must dismiss the felony  complaint
 and  discharge  the defendant from custody if he is in custody, or if he
 is at liberty on bail, it must exonerate the bail.
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section, [a local criminal] THE court shall, at the request of the
 district attorney, order removal of an action against a juvenile  offen-
 der  to  the  family  court  pursuant to the provisions of article seven
 hundred twenty-five of this chapter if, upon consideration of the crite-
 ria specified in subdivision two of section 210.43 of this  chapter,  it
 is  determined  that  to  do  so  would  be in the interests of justice.
 Where, however, the felony complaint charges the juvenile offender  with
 murder  in  the  second degree as defined in section 125.25 of the penal
 law, rape in the first degree as defined in subdivision one  of  section
 130.35  of  the  penal  law,  criminal sexual act in the first degree as
 defined in subdivision one of section 130.50 of the  penal  law,  or  an
 armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
 section 1.20 of this  chapter,  a  determination  that  such  action  be
 removed  to the family court shall, in addition, be based upon a finding
 of one or more of the following factors:  (i)  mitigating  circumstances
 that  bear directly upon the manner in which the crime was committed; or
 (ii) where the defendant was not the sole participant in the crime,  the
 defendant's  participation was relatively minor although not so minor as
 to constitute a defense to the prosecution; or (iii) possible  deficien-
 cies in proof of the crime.

 A. 3006--B                         168
 
   5.  Notwithstanding the provisions of subdivision two, three, or four,
 if a currently undetermined felony complaint against a juvenile offender
 is pending [in a local criminal court], and the defendant has not waived
 a hearing pursuant to subdivision two and a hearing pursuant to subdivi-
 sion  three  has not commenced, the defendant may move in the YOUTH PART
 OF THE superior court which would exercise the trial jurisdiction of the
 offense or offenses charged were an indictment therefor  to  result,  to
 remove  the action to family court. The procedural rules of subdivisions
 one and two of section 210.45 of this chapter are applicable to a motion
 pursuant to this subdivision. Upon such  motion,  the  [superior]  court
 [shall  be  authorized  to sit as a local criminal court to exercise the
 preliminary jurisdiction specified in subdivisions two and three of this
 section, and] shall proceed and determine  the  motion  as  provided  in
 section  210.43  of  this chapter; provided, however, that the exception
 provisions of paragraph (b) of subdivision one of  such  section  210.43
 shall  not  apply when there is not reasonable cause to believe that the
 juvenile offender committed one or more of the crimes enumerated  there-
 in,  and  in  such  event  the provisions of paragraph (a) thereof shall
 apply.
   6. (a) If the court orders removal of the action to family  court,  it
 shall  state on the record the factor or factors upon which its determi-
 nation is based, and the court shall give its  reasons  for  removal  in
 detail and not in conclusory terms.
   (b)  the district attorney shall state upon the record the reasons for
 his consent to removal of the action to  the  family  court  where  such
 consent  is  required.  The reasons shall be stated in detail and not in
 conclusory terms.
   (c) For the purpose of making a determination pursuant to  subdivision
 four or five, the court may make such inquiry as it deems necessary. Any
 evidence  which  is  not  legally  privileged  may be introduced. If the
 defendant testifies, his testimony may not be introduced against him  in
 any  future  proceeding,  except to impeach his testimony at such future
 proceeding as inconsistent prior testimony.
   (d) Where a motion for removal by the defendant pursuant  to  subdivi-
 sion five has been denied, no further motion pursuant to this section or
 section 210.43 of this chapter may be made by the juvenile offender with
 respect to the same offense or offenses.
   (e)  Except  as  provided  by paragraph (f), this section shall not be
 construed to limit the powers of the grand jury.
   (f) Where a motion by the defendant pursuant to subdivision  five  has
 been granted, there shall be no further proceedings against the juvenile
 offender  in  any  local  or superior criminal court INCLUDING THE YOUTH
 PART OF THE SUPERIOR COURT for the offense or offenses  which  were  the
 subject of the removal order.
   § 68-a. The opening paragraph of section 180.80 of the criminal proce-
 dure  law,  as amended by chapter 556 of the laws of 1982, is amended to
 read as follows:
   Upon application of a defendant against whom a  felony  complaint  has
 been  filed  with a local criminal court OR THE YOUTH PART OF A SUPERIOR
 COURT, and who, since the time of his arrest or subsequent thereto,  has
 been  held  in custody pending disposition of such felony complaint, and
 who has been confined in such custody for a  period  of  more  than  one
 hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
 holiday occurs during such custody, one hundred forty-four hours,  with-
 out  either  a  disposition of the felony complaint or commencement of a

 A. 3006--B                         169
 
 hearing thereon, the [local criminal] court must release him on his  own
 recognizance unless:
   §  69.  Subdivisions  (a)  and  (b)  of section 190.71 of the criminal
 procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
 2007,  subdivision  (b) as added by chapter 481 of the laws of 1978, are
 amended to read as follows:
   (a) Except as provided in subdivision six of section  200.20  of  this
 chapter,  a grand jury may not indict (i) a person thirteen years of age
 for any conduct or crime other than conduct constituting a crime defined
 in subdivisions one and two of section  125.25  (murder  in  the  second
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
 [or], fifteen, SIXTEEN OR SEVENTEEN years of  age  for  any  conduct  or
 crime  other  than  conduct constituting a crime defined in subdivisions
 one and two of section 125.25 (murder  in  the  second  degree)  and  in
 subdivision three of such section provided that the underlying crime for
 the  murder  charge is one for which such person is criminally responsi-
 ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
 degree); subdivisions one and two of  section  120.10  (assault  in  the
 first  degree);  125.20 (manslaughter in the first degree); subdivisions
 one and two of section 130.35 (rape in the first  degree);  subdivisions
 one and two of section 130.50 (criminal sexual act in the first degree);
 130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
 the  first  degree);  subdivision  two of section 160.10 (robbery in the
 second degree) of the penal law; subdivision four of section  265.02  of
 the  penal  law,  where  such firearm is possessed on school grounds, as
 that phrase is defined in subdivision fourteen of section 220.00 of  the
 penal law; or section 265.03 of the penal law, where such machine gun or
 such  firearm  is possessed on school grounds, as that phrase is defined
 in subdivision fourteen of section 220.00 of the penal law;  or  defined
 in  the penal law as an attempt to commit murder in the second degree or
 kidnapping in the first degree, or such conduct as a sexually  motivated
 felony,  where  authorized  pursuant to section 130.91 of the penal law;
 AND (III) A PERSON SIXTEEN OR  SEVENTEEN  YEARS  OF  AGE  IS  CRIMINALLY
 RESPONSIBLE  FOR  ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM);  490.45
 (CRIMINAL  POSSESSION  OF  A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
 FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON  OR  BIOLOGICAL
 WEAPON  IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON
 OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);  120.11  (AGGRAVATED  ASSAULT
 UPON   A   POLICE  OFFICER  OR  A  PEACE  OFFICER);  125.22  (AGGRAVATED
 MANSLAUGHTER IN THE FIRST DEGREE);  215.17  (INTIMIDATING  A  VICTIM  OR
 WITNESS);  265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
 SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
 TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A  CHEMI-
 CAL  WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
 USE OF A CHEMICAL WEAPON OR BIOLOGICAL  WEAPON  IN  THE  THIRD  DEGREE);
 121.13  (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
 OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE)  OF  THIS
 CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION ONE OF SECTION 70.80 OF THIS CHAPTER.
   (b)  A grand jury may vote to file a request to remove a charge to the
 family court if it finds that a person [thirteen, fourteen  or  fifteen]

 A. 3006--B                         170
 
 SEVENTEEN  years of age OR YOUNGER did an act which, if done by a person
 over the age of [sixteen] EIGHTEEN, would constitute  a  crime  provided
 (1)  such act is one for which it may not indict; (2) it does not indict
 such  person  for  a  crime;  and  (3) the evidence before it is legally
 sufficient to establish that such person did such act and competent  and
 admissible  evidence before it provides reasonable cause to believe that
 such person did such act.
   § 70. Subdivision 6 of section 200.20 of the criminal  procedure  law,
 as  added  by  chapter  136  of  the laws of 1980, is amended to read as
 follows:
   6. Where an indictment charges at least one offense against a  defend-
 ant  who  was  under  the  age  of [sixteen] EIGHTEEN at the time of the
 commission of the crime and who did not lack criminal responsibility for
 such crime by reason of infancy, the indictment may, in addition, charge
 in separate counts one or more other  offenses  for  which  such  person
 would not have been criminally responsible by reason of infancy, if:
   (a)  the offense for which the defendant is criminally responsible and
 the one or more other offenses for which he OR SHE would not  have  been
 criminally  responsible by reason of infancy are based upon the same act
 or upon the same criminal transaction, as that term is defined in subdi-
 vision two of section 40.10 of this chapter; or
   (b) the offenses are of such nature that either  proof  of  the  first
 offense  would  be  material  and admissible as evidence in chief upon a
 trial of the second, or proof of the second would be material and admis-
 sible as evidence in chief upon a trial of the first.
   § 71. Subdivision 1 of section 210.43 of the criminal  procedure  law,
 as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1. After a motion by a juvenile offender, pursuant to subdivision five
 of  section  180.75  of this chapter, or after arraignment of a juvenile
 offender upon an indictment, the YOUTH PART OF A superior court may,  on
 motion of any party or on its own motion:
   (a)  except  as  otherwise  provided by paragraph (b) OF THIS SECTION,
 order removal of  the  action  to  the  family  court  pursuant  to  the
 provisions  of  article  seven  hundred twenty-five of this chapter, if,
 after consideration of the factors set forth in subdivision two of  this
 section, the court determines that to do so would be in the interests of
 justice. PROVIDED, HOWEVER, THAT A YOUTH PART SHALL BE REQUIRED TO ORDER
 REMOVAL  OF  AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO  OF  SECTION  160.10  OF
 THIS PART, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE
 EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME
 OR  THAT  AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM IN OPPO-
 SITION SUBMITTED BY THE DISTRICT ATTORNEY  THAT  BEAR  DIRECTLY  ON  THE
 MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or
   (b)  [with  the  consent] AFTER CONSIDERATION OF THE RECOMMENDATION of
 the district attorney, order removal of an action involving  an  indict-
 ment  charging  a  juvenile offender with murder in the second degree as
 defined in section 125.25 of the penal law; rape in the first degree, as
 defined in subdivision one of section 130.35 of the penal law;  criminal
 sexual act in the first degree, as defined in subdivision one of section
 130.50  of the penal law; or an armed felony as defined in paragraph (a)
 of subdivision forty-one of section 1.20, to the family  court  pursuant
 to  the  provisions of article seven hundred twenty-five of this chapter
 if the court finds one or more of the following factors: (i)  mitigating
 circumstances  that bear directly upon the manner in which the crime was

 A. 3006--B                         171
 
 committed; (ii) where the defendant was not the sole participant in  the
 crime,  the  defendant's participation was relatively minor although not
 so minor as to constitute a defense to the prosecution; or (iii)  possi-
 ble  deficiencies in the proof of the crime, and, after consideration of
 the factors set forth in subdivision two  of  this  section,  the  court
 determined  that  removal  of the action to the family court would be in
 the interests of justice.
   § 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 1982 and
 the closing paragraph as amended by chapter 411 of the laws of 1979,  is
 amended to read as follows:
   (g)  Where  the  defendant  is  a juvenile offender, the provisions of
 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
 any plea entered pursuant to subdivision three or four of this  section,
 must be as follows:
   (i)  If  the  indictment  charges  a  person  fourteen  [or], fifteen,
 SIXTEEN, OR SEVENTEEN years old with the crime of murder in  the  second
 degree  any plea of guilty entered pursuant to subdivision three or four
 must be a plea of guilty of a crime for which the defendant is criminal-
 ly responsible;
   (ii) If the indictment does not charge a crime specified  in  subpara-
 graph (i) of this paragraph, then any plea of guilty entered pursuant to
 subdivision  three or four of this section must be a plea of guilty of a
 crime for which the defendant is criminally responsible unless a plea of
 guilty is accepted pursuant to subparagraph (iii) of this paragraph;
   (iii) Where the indictment  does  not  charge  a  crime  specified  in
 subparagraph  (i) of this paragraph, the district attorney may recommend
 removal of the action to the family court. Upon making such  recommenda-
 tion  the  district  attorney [shall] MAY submit a subscribed memorandum
 setting forth: (1) a recommendation that the interests of justice  would
 best  be served by removal of the action to the family court; and (2) if
 the indictment charges a thirteen year old with the crime of  murder  in
 the  second  degree,  or  a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
 year old with the crimes of rape in  the  first  degree  as  defined  in
 subdivision  one  of section 130.35 of the penal law, or criminal sexual
 act in the first degree as defined in subdivision one of section  130.50
 of  the  penal  law,  or  an armed felony as defined in paragraph (a) of
 subdivision forty-one of section 1.20 of this chapter specific  factors,
 one  or  more  of which reasonably supports the recommendation, showing,
 (i) mitigating circumstances that bear directly upon the manner in which
 the crime was committed, or (ii) where the defendant was  not  the  sole
 participant  in  the crime, that the defendant's participation was rela-
 tively minor although not so minor as to constitute  a  defense  to  the
 prosecution,  or  (iii)  possible deficiencies in proof of the crime, or
 (iv) where the juvenile offender has no previous adjudications of having
 committed a designated felony act, as defined in  subdivision  eight  of
 section  301.2  of  the  family  court act, regardless of the age of the
 offender at the time of commission of the act, that the criminal act was
 not part of a pattern of criminal behavior and, in view of  the  history
 of the offender, is not likely to be repeated.
   If  the court is of the opinion based on specific factors set forth in
 [the district attorney's memorandum] THIS SUBPARAGRAPH that  the  inter-
 ests  of  justice  would  best be served by removal of the action to the
 family court, a plea of guilty of a crime or act for which the defendant

 A. 3006--B                         172

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

 A. 3006--B                         173
 
   § 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
 as amended by chapter 652 of the laws of 2008, is  amended  to  read  as
 follows:
   2.  Warrant.  (A)  Where  the  probation  officer has requested that a
 probation warrant be issued, the court shall, within  seventy-two  hours
 of  its  receipt  of  the request, issue or deny the warrant or take any
 other lawful action including issuance of a notice to appear pursuant to
 subdivision one of this section. If at any time during the period  of  a
 sentence  of probation or of conditional discharge the court has reason-
 able grounds to believe that the defendant has violated a  condition  of
 the sentence, the court may issue a warrant to a police officer or to an
 appropriate  peace  officer  directing  him or her to take the defendant
 into custody and bring the defendant before the court  without  unneces-
 sary  delay;  provided,  however,  if  the court in which the warrant is
 returnable is a superior court, and such court is not available, and the
 warrant is addressed to a police officer or appropriate probation  offi-
 cer  certified  as  a  peace  officer, such executing officer may UNLESS
 OTHERWISE SPECIFIED UNDER PARAGRAPH  (B)  OF  THIS  SECTION,  bring  the
 defendant to the local correctional facility of the county in which such
 court  sits,  to be detained there until not later than the commencement
 of the next session of such court occurring on the next business day; or
 if the court in which the warrant is  returnable  is  a  local  criminal
 court,  and such court is not available, and the warrant is addressed to
 a police officer or appropriate probation officer certified as  a  peace
 officer, such executing officer must without unnecessary delay bring the
 defendant  before  an  alternate  local  criminal  court, as provided in
 subdivision five of section 120.90 of this chapter. A court which issues
 such a warrant may attach  thereto  a  summary  of  the  basis  for  the
 warrant.  In  any  case  where  a defendant arrested upon the warrant is
 brought before a local criminal court other than the court in which  the
 warrant  is  returnable,  such  local criminal court shall consider such
 summary before issuing a securing order with respect to the defendant.
   (B) IF THE COURT IN WHICH THE WARRANT  IS  RETURNABLE  IS  A  SUPERIOR
 COURT,  AND  SUCH  COURT  AND  ITS  YOUTH PART IS NOT AVAILABLE, AND THE
 WARRANT IS ADDRESSED TO A POLICE OFFICER OR APPROPRIATE PROBATION  OFFI-
 CER  CERTIFIED AS A PEACE OFFICER, SUCH EXECUTING OFFICER SHALL, WHERE A
 DEFENDANT IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS  AN
 OFFENSE  OR A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE
 IMPOSED FOR AN OFFENSE, BRING THE  DEFENDANT  TO  A  JUVENILE  DETENTION
 FACILITY,  TO  BE DETAINED THERE UNTIL BROUGHT WITHOUT UNNECESSARY DELAY
 BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE  DIVI-
 SION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH
 PART.
   §  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:
 § 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

 A. 3006--B                         174
 
 bail  or  release  such person on his OR HER own recognizance for future
 appearance at a hearing to be held in accordance with section 410.70  of
 this  article.  If  the  court does not have reasonable cause to believe
 that  such  person  has  violated  a  condition of the sentence, it must
 direct that he OR SHE be released.
   (B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO  CUSTODY  PURSUANT  TO
 SECTION  410.40  OR  SECTION  410.50  OF THIS ARTICLE FOR VIOLATION OF A
 CONDITION OF A SENTENCE  OF  PROBATION  OR  A  SENTENCE  OF  CONDITIONAL
 DISCHARGE  MUST  FORTHWITH  BE BROUGHT BEFORE THE COURT THAT IMPOSED THE
 SENTENCE.  WHERE A VIOLATION OF PROBATION PETITION AND REPORT  HAS  BEEN
 FILED  AND  THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT
 BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
 DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR.  IF  THE  COURT  HAS
 REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
 THE  SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
 IN THE CASE OF A JUVENILE OFFENDER LESS THAN EIGHTEEN YEARS  OF  AGE  TO
 THE  CUSTODY  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FIX BAIL
 OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEAR-
 ANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70  OF  THIS
 ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE A JUVENILE TO
 BE  DETAINED  FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A
 CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (I) THAT  THE
 JUVENILE  POSES  A  SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
 THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE USE  OF  GRADUATED
 SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. IF THE COURT DOES NOT HAVE
 REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
 THE SENTENCE, IT MUST DIRECT THAT THE JUVENILE BE RELEASED.
   §  74.  Subdivision 5 of section 410.70 of the criminal procedure law,
 as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
 follows:
   5.  Revocation;  modification;  continuation. (A) At the conclusion of
 the hearing the court may revoke, continue or  modify  the  sentence  of
 probation   or  conditional  discharge.  Where  the  court  revokes  the
 sentence, it must impose sentence as specified in subdivisions three and
 four of section 60.01 of the penal law. Where  the  court  continues  or
 modifies the sentence, it must vacate the declaration of delinquency and
 direct  that  the  defendant  be  released.  If the alleged violation is
 sustained and the court continues  or  modifies  the  sentence,  it  may
 extend the sentence up to the period of interruption specified in subdi-
 vision  two  of  section  65.15  of the penal law, but any time spent in
 custody in any correctional institution OR JUVENILE  DETENTION  FACILITY
 pursuant  to  section 410.40 OR 410.60 of this article shall be credited
 against the term of the sentence.  Provided further, where  the  alleged
 violation is sustained and the court continues or modifies the sentence,
 the  court  may  also extend the remaining period of probation up to the
 maximum term authorized by section 65.00 of  the  penal  law.  Provided,
 however,  a  defendant shall receive credit for the time during which he
 or she was supervised under the original probation sentence prior to any
 declaration of delinquency and for any time spent in custody pursuant to
 this article for an alleged violation of probation.
   (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

 A. 3006--B                         175
 
 RECORD OR (II) THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
 SUCCESS.
   §  75.  The  criminal procedure law is amended by adding a new section
 410.90-a to read as follows:
 § 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.
   §  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:
 § 510.15 Commitment of principal under [sixteen] EIGHTEEN.
   1.  When  a  principal  who is under the age of [sixteen] EIGHTEEN, is
 committed to the custody of the sheriff the court must direct  that  the
 principal  be  taken  to  and  lodged  in a place certified by the state
 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juve-
 nile  detention  facility  for  the reception of children.  Where such a
 direction is made the sheriff shall deliver the principal in  accordance
 therewith and such person shall although lodged and cared for in a juve-
 nile  detention  facility  continue to be deemed to be in the custody of
 the sheriff.  No principal under the age [of sixteen] SPECIFIED to  whom
 the  provisions of this section may apply shall be detained in any pris-
 on, jail, lockup, or other place used for adults convicted of a crime or
 under arrest and charged with the commission  of  a  crime  without  the
 approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
 SERVICES  in the case of each principal and the statement of its reasons
 therefor.  The sheriff shall not be liable for any acts done  to  or  by
 such  principal  resulting  from negligence in the detention of and care
 for such principal, when the principal is not in the actual  custody  of
 the sheriff.
   2.  Except  upon  consent of the defendant or for good cause shown, in
 any case in which a new securing order is issued for a principal  previ-
 ously  committed to the custody of the sheriff pursuant to this section,
 such order shall further direct the sheriff  to  deliver  the  principal
 from  a  juvenile detention facility to the person or place specified in
 the order.
   § 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.
   § 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

 A. 3006--B                         176

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

 A. 3006--B                         177
 
   1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
 MENT OF ANY JUVENILE FOLLOWING ARRAIGNMENT BY A YOUTH  PART  WITHIN  ITS
 JURISDICTION.  IN  CASES  NOT  OTHERWISE DISPOSED OF AT ARRAIGNMENT, THE
 COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN SEVEN CALENDAR DAYS
 TO  THE  PROBATION  DEPARTMENT FOR PURPOSES OF ASSESSMENT. SUCH JUVENILE
 SHALL HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT THROUGHOUT THE  ASSESS-
 MENT  PROCESS. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPART-
 MENT SHALL REFER THE JUVENILE TO  AVAILABLE  SPECIALIZED  AND  EVIDENCE-
 BASED   SERVICES  TO  MITIGATE  ANY  RISKS  IDENTIFIED  AND  TO  ADDRESS
 INDIVIDUAL NEEDS.
   2. ANY JUVENILE AGREEING TO UNDERGO SERVICES SHALL EXECUTE APPROPRIATE
 AND NECESSARY CONSENT  FORMS,  WHERE  APPLICABLE,  TO  ENSURE  THAT  THE
 PROBATION  DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE PROVIDER AND
 RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR  DELIV-
 ERED  INCLUDING,  BUT  NOT  LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS,
 TEST RESULTS, JUVENILE ATTENDANCE  AND  INFORMATION  REGARDING  JUVENILE
 COMPLIANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
   3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT, THE JUVENILE AND
 HIS OR HER COUNSEL 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 REQUIRE-
 MENTS, AND SCHOOL ATTENDANCE,  WHERE  APPLICABLE.  SUCH  JUVENILE  SHALL
 CONFER WITH COUNSEL PRIOR TO ENTERING INTO ANY SUCH CASE PLAN. FOLLOWING
 THE  JUVENILE'S  SUCCESSFUL  COMPLETION  OF THE CONDITIONS OF HIS OR HER
 CASE PLAN, THE COURT SHALL CONSIDER  THE  DISMISSAL  OF  THE  INDICTMENT
 PROVIDED  HOWEVER, THAT NOTHING HEREIN SHALL LIMIT THE COURT'S AUTHORITY
 TO DISMISS THE CASE PURSUANT TO SECTION 210.40 OF THIS CHAPTER.
   4. WHEN PREPARING A PRE-SENTENCE  INVESTIGATION  REPORT  OF  ANY  SUCH
 YOUTH,  THE  PROBATION  DEPARTMENT  SHALL  INCORPORATE  A SUMMARY OF THE
 ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
 ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
   5. THE PROBATION DEPARTMENT SHALL NOT TRANSMIT OR  OTHERWISE  COMMUNI-
 CATE  TO  THE  DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY
 THE JUVENILE OFFENDER TO A PROBATION OFFICER. THE  PROBATION  DEPARTMENT
 MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
 PLAN TO THE YOUTH PART AND PROVIDE RELEVANT INFORMATION.
   6. NO STATEMENT MADE TO AN EMPLOYEE OR REPRESENTATIVE OF THE PROBATION
 DEPARTMENT MAY BE ADMITTED IN EVIDENCE PRIOR TO CONVICTION ON ANY CHARGE
 OR CHARGES RELATED THERETO OR, IN THE CASE OF A MATTER PROCEEDING BEFORE
 THE COURT UNDER THE FAMILY COURT ACT, PRIOR TO AN ADJUDICATION.
 § 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   1. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO  ESTAB-
 LISH,  IN  A  SUPERIOR  COURT IN EACH COUNTY OF THE STATE THAT EXERCISES
 CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART  OF
 THE  SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES
 PRESIDING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS,
 INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
 AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
 CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
 PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
 SECTION 180.75 OF THIS CHAPTER.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ALSO DIRECT THE PRESID-
 ING  JUSTICE  OF  THE APPELLATE DIVISION, IN EACH JUDICIAL DEPARTMENT OF
 THE STATE, TO DESIGNATE MAGISTRATES TO SERVE AS ACCESSIBLE  MAGISTRATES,

 A. 3006--B                         178
 
 FOR  THE  PURPOSE  OF  ACTING  AS  A  YOUTH  PART  FOR  CERTAIN  INITIAL
 PROCEEDINGS INVOLVING YOUTHS, AS PROVIDED BY LAW. MAGISTRATES SO  DESIG-
 NATED SHALL BE SUPERIOR COURT JUDGES AND JUDGES OF OTHER COURTS, IN EACH
 COUNTY  OF  THE  STATE,  THAT  EXERCISE  CRIMINAL  JURISDICTION. A JUDGE
 PRESIDING AS SUCH A MAGISTRATE SHALL  RECEIVE  TRAINING  IN  SPECIALIZED
 AREAS,  INCLUDING,  BUT  NOT  LIMITED  TO,  JUVENILE JUSTICE, ADOLESCENT
 DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING  CRIME  COMMIS-
 SION BY ADOLESCENTS.
 § 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
   1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART OR TRANS-
 FERRED  TO  A YOUTH PART PURSUANT TO SECTION 180.75 OF THIS CHAPTER, THE
 PROVISIONS OF THIS ARTICLE SHALL APPLY.
   2. IF AN ACTION IS NOT REMOVED TO THE FAMILY  COURT  PURSUANT  TO  THE
 APPLICABLE  PROVISIONS  OF  THIS  CHAPTER, THE YOUTH PART SHALL HEAR THE
 CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFEND-
 ANT IS SIXTEEN OR SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS
 A JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE  SUCH
 PROCEEDING  FULLY  SUBJECT TO THE PROVISIONS AND GRANT ANY RELIEF AVAIL-
 ABLE UNDER ARTICLE THREE OF THE FAMILY COURT ACT.    PROVIDED,  HOWEVER,
 THAT  THE  PROVISIONS  OF  PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION
 210.43 OF THIS CHAPTER SHALL APPLY TO ANY ACTION INVOLVING AN INDICTMENT
 CHARGING A JUVENILE OFFENDER WITH ANY OF THE CRIMES ENUMERATED  IN  SUCH
 PARAGRAPH.
   §  81.  The opening paragraph of section 725.05 of the criminal proce-
 dure law, as added by chapter 481 of the laws of  1978,  is  amended  to
 read as follows:
   When  a  [court]  YOUTH PART directs that an action or charge is to be
 removed to the family court the [court] YOUTH PART must issue  an  order
 of  removal  in  accordance  with  this section.   Such order must be as
 follows:
   § 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:
 § 725.20 Record of certain actions removed.
   1.  The provisions of this section shall apply in any  case  where  an
 order  of removal to the family court is entered pursuant to a direction
 authorized by subdivision four of section 180.75, or section 210.43,  or
 subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section
 220.10 of this chapter, or section 330.25 of this chapter.
   2.  When such an action is removed the court that directed the removal
 must  cause  the following additional records to be filed with the clerk
 of the county court or in the city of New York with  the  clerk  of  the
 supreme  court of the county wherein the action was pending and with the
 division of criminal justice services:
   (a) A certified copy of the order of removal;
   (b) Where the direction is  one  authorized  by  subdivision  four  of
 section  180.75  of  this  chapter, a copy of [the] ANY statement of the
 district attorney made pursuant to paragraph (b) of subdivision  six  of
 section 180.75 of this chapter;
   (c)    Where  the direction is authorized by section 180.75, a copy of
 the portion of the minutes containing the statement by the court  pursu-
 ant to paragraph (a) of subdivision six of such section 180.75;
   (d)  Where  the  direction  is one authorized by subparagraph (iii) of
 paragraph [(h)] (G) of subdivision five of  section  220.10  or  section
 330.25  of  this  chapter,  a copy of the minutes of the plea of guilty,

 A. 3006--B                         179
 
 including the minutes of the memorandum submitted by the district attor-
 ney and the court;
   (e)    Where  the  direction  is  one authorized by subdivision one of
 section 210.43 of this chapter, a copy of that portion  of  the  minutes
 containing [the] ANY statement by the court pursuant to paragraph (a) of
 subdivision five of section 210.43 OF THIS CHAPTER;
   (f)   Where the direction is one authorized by paragraph (b) of subdi-
 vision one of section 210.43 of this chapter, a copy of that portion  of
 the minutes containing [the] ANY statement of the district attorney made
 pursuant  to paragraph (b) of subdivision five of section 210.43 OF THIS
 CHAPTER; and
   (g) In addition to the records specified  in  this  subdivision,  such
 further  statement or submission of additional information pertaining to
 the proceeding in criminal court in  accordance  with  standards  estab-
 lished by the commissioner of the division of criminal justice services,
 subject to the provisions of subdivision three of this section.
   3.  It shall be the duty of said clerk to maintain a separate file for
 copies  of  orders  and  minutes filed pursuant to this section.    Upon
 receipt of such orders and minutes the clerk must promptly  delete  such
 portions  as would identify the defendant, but the clerk shall neverthe-
 less maintain a separate confidential system to  enable  correlation  of
 the  documents  so  filed  with identification of the defendant.   After
 making such deletions the orders and minutes shall be placed within  the
 file  and  must be available for public inspection.  Information permit-
 ting correlation of any such record with the identity of  any  defendant
 shall  not  be  divulged to any person except upon order of a justice of
 the supreme court based upon a finding that the public interest  or  the
 interests  of  justice  warrant  disclosure  in a particular cause for a
 particular case or for a particular purpose or use.
   § 83. Subdivision 1 of section 500-a of the correction law is  amended
 by adding a new paragraph (h) to read as follows:
   (H)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO COUNTY JAIL SHALL
 BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER  THE  AGE  OF  EIGHTEEN.
 PLACEMENT  OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSU-
 ANT TO THIS SUBDIVISION SHALL BE DETERMINED BY THE  OFFICE  OF  CHILDREN
 AND FAMILY SERVICES.
   §  84.  Subdivision  4  of  section  500-b  of  the  correction law is
 REPEALED.
   § 85. Subparagraph 3 of paragraph (c)  of  subdivision  8  of  section
 500-b of the correction law is REPEALED.
   §  86.  Subdivision  13  of  section  500-b  of  the correction law is
 REPEALED.
   § 87.  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

 A. 3006--B                         180
 
 to such a suspension of a nonpublic school pupil.  A  superintendent  of
 schools,  district superintendent of schools or community superintendent
 shall have the authority to modify this suspension requirement for  each
 student  on  a case-by-case basis. The determination of a superintendent
 shall be subject to review by the board of education pursuant  to  para-
 graph  c  of  this  subdivision and the commissioner pursuant to section
 three hundred ten of this chapter. Nothing in this subdivision shall  be
 deemed  to  authorize  the  suspension of a student with a disability in
 violation of the individuals with disabilities education act or  article
 eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
 under the age of [sixteen] EIGHTEEN who  has  been  determined  to  have
 brought  a  weapon or firearm to school in violation of this subdivision
 to a presentment agency for a juvenile delinquency proceeding consistent
 with article three of the family court act except a student [fourteen or
 fifteen years of age] who qualifies for juvenile offender  status  under
 subdivision  forty-two  of section 1.20 of the criminal procedure law. A
 superintendent shall refer any pupil [sixteen] EIGHTEEN years of age  or
 older  or a student [fourteen or fifteen years of age] who qualifies for
 juvenile offender status under subdivision forty-two of section 1.20  of
 the  criminal  procedure  law, who has been determined to have brought a
 weapon or firearm to school in violation  of  this  subdivision  to  the
 appropriate law enforcement officials.
   §  87-a. Paragraph d of subdivision 3 of section 3214 of the education
 law, as amended by chapter 181 of the laws of 2000, is amended  to  read
 as follows:
   d.  Consistent  with  the  federal  gun-free  schools  act of nineteen
 hundred ninety-four, any public school pupil  who  is  determined  under
 this  subdivision  to have brought a weapon to 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 weapon to 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 participation in such program. The
 procedures of this subdivision shall apply to such  a  suspension  of  a
 nonpublic  school  pupil.  A  superintendent of schools, district super-
 intendent of schools or community superintendent shall have the authori-
 ty 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 paragraph c of this  subdi-
 vision  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 indi-
 viduals with disabilities education act or article eighty-nine  of  this
 chapter.  A  superintendent  shall  refer  the  pupil  under  the age of
 [sixteen] EIGHTEEN who has been determined to have brought a  weapon  to
 school  in  violation  of this subdivision to a presentment agency for a
 juvenile delinquency proceeding consistent with  article  three  of  the
 family court act except a student [fourteen or fifteen years of age] who
 qualifies  for  juvenile  offender status under subdivision forty-two of
 section 1.20 of the criminal procedure law. A superintendent shall refer
 any pupil [sixteen] EIGHTEEN years of age or older or a  student  [four-
 teen or fifteen years of age who] qualifies for juvenile offender status
 under  subdivision  forty-two  of section 1.20 of the criminal procedure
 law, who has been determined to have  brought  a  weapon  to  school  in

 A. 3006--B                         181
 
 violation  of  this subdivision to the appropriate law enforcement offi-
 cials.
   §  88.  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.
   §  89.  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 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 thereup-
 on 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

 A. 3006--B                         182
 
 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 PROCE-
 DURE LAW.
   B. ADDITIONAL STATE AID SHALL BE MADE IN AN AMOUNT  NECESSARY  TO  PAY
 ONE HUNDRED PERCENT OF THE EXPENDITURES FOR EVIDENCE-BASED PRACTICES AND
 JUVENILE RISK AND EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH
 AGED  SIXTEEN  YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHER-
 WISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF  THE  LAWS
 OF  TWO  THOUSAND SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDIC-
 TION.
   § 89-a. The second undesignated paragraph of subdivision 4 of  section
 246  of  the executive law, as added by chapter 479 of the laws of 1970,
 is amended to read as follows:
   The [director]  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 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
 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.
   §  90.  The  executive law is amended by adding a new section 259-p to
 read as follows:
   § 259-P. INTERSTATE DETENTION. 1. NOTWITHSTANDING ANY OTHER  PROVISION
 OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
 ARTICLE,  MAY  BE  DETAINED  AS AUTHORIZED BY THE INTERSTATE COMPACT FOR
 ADULT OFFENDER SUPERVISION.
   2. A DEFENDANT SHALL BE DETAINED AT  A  LOCAL  CORRECTIONAL  FACILITY,
 EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   3. A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS
 A  CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION SHALL BE DETAINED
 IN A JUVENILE DETENTION FACILITY.
   § 91. Subdivision 16 of section 296 of the executive law, as separate-
 ly amended by section 3 of part N and section 14 of part AAA of  chapter
 56 of the laws of 2009, is amended to read as follows:
   16.  It  shall  be an unlawful discriminatory practice, unless specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
 involved,  any arrest or criminal accusation of such individual not then
 pending against that individual which was followed by a  termination  of
 that  criminal  action  or  proceeding  in  favor of such individual, as
 defined in subdivision two of section 160.50 of the  criminal  procedure
 law,  or  by a youthful offender adjudication, as defined in subdivision
 one of section 720.35 of the criminal procedure law, or by a  conviction

 A. 3006--B                         183
 
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure  law  or by a conviction which is sealed pursuant to section 160.56
 OR 160.58 of the criminal procedure law, in connection with the  licens-
 ing,  employment or providing of credit or insurance to such individual;
 provided, further, that no person shall be required to divulge  informa-
 tion  pertaining to any arrest or criminal accusation of such individual
 not then pending against that individual which was followed by a  termi-
 nation  of  that criminal action or proceeding in favor of such individ-
 ual, as defined in subdivision two of section  160.50  of  the  criminal
 procedure  law,  or  by  a youthful offender adjudication, as defined in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction for a violation sealed pursuant  to  section  160.55  of  the
 criminal  procedure  law, or by a conviction which is sealed pursuant to
 section 160.56 OR 160.58 of the criminal procedure law.  The  provisions
 of  this  subdivision  shall  not  apply  to the licensing activities of
 governmental bodies in relation to the regulation of guns, firearms  and
 other  deadly weapons or in relation to an application for employment as
 a police officer or peace officer as those terms are defined in subdivi-
 sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
 procedure  law; provided further that the provisions of this subdivision
 shall not apply to an application for employment or  membership  in  any
 law enforcement agency with respect to any arrest or criminal accusation
 which  was  followed  by a youthful offender adjudication, as defined in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction for a violation sealed pursuant  to  section  160.55  of  the
 criminal  procedure  law, or by a conviction which is sealed pursuant to
 section 160.56 OR 160.58 of the criminal procedure law.
   § 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:
   § 502. Definitions. Unless otherwise specified in this article:
   1. "Director" means the [director of the division for  youth]  COMMIS-
 SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   2.  ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the
 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
   3. "Detention" means the temporary care and maintenance of youth  held
 away from their homes pursuant to article three [or seven] of the family
 court act, or held pending a hearing for alleged violation of the condi-
 tions of release from an office of children and family services facility
 or authorized agency, or held pending a hearing for alleged violation of
 the  condition  of parole as a juvenile offender, or held pending return
 to a jurisdiction other than the one in which the youth is held, or held
 pursuant to a securing order of a criminal  court  if  the  youth  named
 therein as principal is charged as a juvenile offender or held pending a
 hearing  on  an  extension  of  placement  or held pending transfer to a
 facility upon commitment or  placement  by  a  court.  Only  alleged  or
 convicted  juvenile  offenders  who have not attained their [eighteenth]
 TWENTY-FIRST birthday shall be  subject  to  detention  in  a  detention
 facility.
   4. For purposes of this article, the term "youth" shall [be synonymous
 with the term "child" and means] MEAN a person not less than [seven] TEN
 years of age and not more than [twenty] TWENTY-THREE years of age.
   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.

 A. 3006--B                         184
 
   7.  "Conditional  release" means the transfer of a youth from facility
 status to aftercare supervision  under  the  continued  custody  of  the
 [division] OFFICE.
   8. "Discharge" means the termination of [division] OFFICE custody of a
 youth.
   9.  "Aftercare"  means  supervision  of a youth on conditional release
 status under the continued custody of the division.
   § 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.
   §  94.   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  chap-
 ter 309 of the laws of 1996, is amended to read as follows:
   § 507-a. Placement  and commitment; procedures. 1. Youth may be placed
 in or committed to the custody of the [division] OFFICE OF CHILDREN  AND
 FAMILY SERVICES:
   (a)  for  placement,  as  a juvenile delinquent pursuant to the family
 court act; or
   (b) for commitment pursuant to the penal law.
   2. (a) Consistent with other provisions of law, only those  youth  who
 have reached the age of [seven] TEN, but who have not reached the age of
 twenty-one  may  be  placed  in[,  committed to or remain in] the [divi-
 sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
 PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, NO  YOUTH  WHO  HAS
 REACHED  THE  AGE  OF  TWENTY-ONE MAY REMAIN IN CUSTODY OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES.
   (A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES AS A JUVENILE OFFENDER OR YOUTHFUL OFFENDER  MAY  REMAIN  IN
 THE  CUSTODY  OF  THE  OFFICE  DURING  THE PERIOD OF HIS OR HER SENTENCE
 BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION FIVE OF SECTION FIVE HUNDRED EIGHT OF  THIS  ARTICLE  BUT  IN  NO
 EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
 HER  TWENTY-THIRD  BIRTHDAY;  AND (II) A YOUTH FOUND TO HAVE COMMITTED A
 DESIGNATED CLASS A FELONY ACT  WHO  IS  RESTRICTIVELY  PLACED  WITH  THE
 OFFICE  UNDER  SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT
 FOR COMMITTING AN ACT ON OR AFTER THE  YOUTH'S  SIXTEENTH  BIRTHDAY  MAY
 REMAIN  IN  THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP
 TO THE AGE OF TWENTY-THREE IN  ACCORDANCE  WITH  HIS  OR  HER  PLACEMENT
 ORDER.
   (A-2)  Whenever  it shall appear to the satisfaction of the [division]
 OFFICE OF CHILDREN AND FAMILY SERVICES that any youth  placed  therewith
 is  not  of  proper age to be so placed or is not properly placed, or is
 mentally or physically incapable of being materially  benefited  by  the
 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

 A. 3006--B                         185
 
 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.
   § 95. 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 amended by chapter 37 of the laws of 2016, is
 amended to read as follows:
   § 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.

 A. 3006--B                         186
 
   2.  Juvenile  offenders  COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
 PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities  [until
 the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
 be  released, discharged or permitted home visits except pursuant to the
 provisions of this section.
   [(a) The director of the division for youth may authorize the transfer
 of  a  juvenile  offender  in  his  custody,  who  has been convicted of
 burglary or robbery, to a school  or  center  established  and  operated
 pursuant  to  title three of this article at any time after the juvenile
 offender has been confined in a division for youth secure  facility  for
 one year or one-half of his minimum sentence, whichever is greater.
   (b)  The director of the division for youth may authorize the transfer
 of a juvenile offender  in  his  custody,  who  has  been  convicted  of
 burglary  or robbery, and who is within ninety days of release as estab-
 lished by the board of parole, to any facility established and  operated
 pursuant to this article.
   (c)  A  juvenile offender may be transferred as provided in paragraphs
 (a) and (b) herein, only after the director determines that there is  no
 danger  to public safety and that the offender shall substantially bene-
 fit from the programs and services  of  another  division  facility.  In
 determining  whether  there  is  a  danger to public safety the director
 shall consider: (i) the nature and circumstances of the offense  includ-
 ing  whether  any physical injury involved was inflicted by the offender
 or another participant; (ii) the record and background of the  offender;
 and (iii) the adjustment of the offender at division facilities.
   (d)  For  a  period  of  six months after a juvenile offender has been
 transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
 der may have only accompanied home visits. After completing  six  months
 of  confinement  following  transfer  from a secure facility, a juvenile
 offender may not have an unaccompanied home visit unless two accompanied
 home visits have already occurred. An  "accompanied  home  visit"  shall
 mean  a  home visit during which the juvenile offender shall be accompa-
 nied at all times while outside the facility by appropriate personnel of
 the division for youth designated pursuant to regulations of the  direc-
 tor of the division.
   (e)  The director of the division for youth shall promulgate rules and
 regulations including uniform standards  and  procedures  governing  the
 transfer  of  juvenile offenders from secure facilities to other facili-
 ties and the return of such offenders to secure  facilities.  The  rules
 and  regulations  shall provide a procedure for the referral of proposed
 transfer cases by the secure facility  director,  and  shall  require  a
 determination  by  the  facility  director  that  transfer of a juvenile
 offender to another facility is in the best interests  of  the  division
 for  youth  and  the  juvenile  offender  and that there is no danger to
 public safety.
   The rules and regulations shall further provide for the  establishment
 of a division central office transfer committee to review transfer cases
 referred by the secure facility directors. The committee shall recommend
 approval of a transfer request to the director of the division only upon
 a  clear showing by the secure facility director that the transfer is in
 the best interests of the division for youth and the  juvenile  offender
 and  that there is no danger to public safety. In the case of the denial
 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

 A. 3006--B                         187

 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 shall be transferred  AT  AGE  TWENTY-
 THREE  to  the  custody  of  the department of corrections and community
 supervision for confinement pursuant to the correction law[.
   7.]; PROVIDED HOWEVER, ANY  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 COMPLETE AT LEAST TWO
 YEARS OF CARE IN OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  FACILITIES
 BEFORE  ANY  TRANSFER  TO  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
 SUPERVISION.
   (B) 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  COMMUNITY
 SUPERVISION  SENTENCES  BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL
 REMAIN WITH THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR  COMMUNITY
 SUPERVISION.
   (C)  ALL  JUVENILE  OFFENDERS  RELEASED FROM AN OFFICE OF CHILDREN AND
 FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO  THE  DEPARTMENT
 OF  CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE
 FULL-TERM OF THEIR COMMUNITY SUPERVISION BEFORE THEY  TURN  TWENTY-THREE
 YEARS  OF  AGE  SHALL  BE  UNDER  THE  SUPERVISION  OF THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION UNTIL EXPIRATION  OF  THE  MAXIMUM
 TERM.
   6. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except  that his OR HER parole, temporary release and discharge shall be
 governed by the laws applicable to inmates of state correctional facili-
 ties and his OR HER transfer to state hospitals in the office of  mental
 health  shall  be governed by section five hundred nine of this chapter.
 The commissioner of the office of children and  family  services  shall,

 A. 3006--B                         188
 
 however,  establish  and operate temporary release programs at office of
 children and family services facilities for eligible juvenile  offenders
 and  [contract  with  the department of corrections and community super-
 vision  for  the provision of parole] PROVIDE supervision [services] for
 temporary releasees.  The rules and regulations for these programs shall
 not be inconsistent with the laws for temporary  release  applicable  to
 inmates  of state correctional facilities. For the purposes of temporary
 release programs for  juvenile  offenders  only,  when  referred  to  or
 defined in article twenty-six of the correction law, "institution" shall
 mean  any facility designated by the commissioner of the office of chil-
 dren and family services, "department" shall mean the office of children
 and family services, "inmate" shall mean a juvenile offender residing in
 an office of children and family services facility,  and  "commissioner"
 shall  mean  the  [director]  COMMISSIONER of the office of children and
 family services. Time spent in office of children  and  family  services
 facilities  and  in  juvenile  detention  facilities  shall  be credited
 towards the sentence imposed in the same manner and to the  same  extent
 applicable to inmates of state correctional facilities.
   [8]  7.    Whenever a juvenile offender or a juvenile offender adjudi-
 cated a youthful offender shall be delivered to the director of [a divi-
 sion for youth] AN OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  facility
 pursuant  to  a  commitment  to the [director of the division for youth]
 OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so  delivering  such
 person  shall  deliver to such facility director a certified copy of the
 sentence received by such officer from the clerk of the court  by  which
 such  person  shall  have  been  sentenced,  a copy of the report of the
 probation officer's investigation and  report,  any  other  pre-sentence
 memoranda  filed  with  the  court,  a  copy of the person's fingerprint
 records, a detailed summary of available  medical  records,  psychiatric
 records  and  reports  relating  to  assaults,  or  other  violent acts,
 attempts at suicide or escape by the person while in the  custody  of  a
 local detention facility.
   [9]  8.   Notwithstanding any provision of law, including section five
 hundred one-c of  this  article,  the  office  of  children  and  family
 services  shall  make  records pertaining to a person convicted of a sex
 offense as defined in subdivision (p) of section  10.03  of  the  mental
 hygiene  law available upon request to the commissioner of mental health
 or the commissioner of THE OFFICE FOR PERSONS WITH  developmental  disa-
 bilities, as appropriate; a case review panel; and the attorney general;
 in  accordance  with the provisions of article ten of the mental hygiene
 law.
   § 96. 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,

 A. 3006--B                         189
 
   (c) "foster care" shall mean residential care, maintenance and  super-
 vision  provided  TO released or discharged youth, or youth otherwise in
 the custody of the [division for youth, in a division foster family home
 certified by the division.
   (d)  "division foster family home" means a service program provided in
 a home setting available to youth under the jurisdiction of the division
 for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
   2. [Expenditures] EXCEPT AS  PROVIDED  IN  SUBDIVISION  FIVE  OF  THIS
 SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF CHIL-
 DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
 youth,  including  alleged  and  adjudicated  juvenile  delinquents  and
 persons  in  need of supervision, placed or referred, pursuant to titles
 two or three of this article, and juvenile offenders committed  pursuant
 to section 70.05 of the penal law, in the [division's] OFFICE'S programs
 and  facilities,  shall  be subject to reimbursement to the state by the
 social services district from which the  youth  was  placed  or  by  the
 social  services  district in which the juvenile offender resided at the
 time of commitment, in accordance with this section and the  regulations
 of  the  [division,]  OFFICE  as  follows:  fifty  percent of the amount
 expended for care, maintenance and supervision of local charges  includ-
 ing juvenile offenders.
   [4.  Expenditures  made  by  the  division for youth] 3. THE COSTS for
 foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
 QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 shall  be  [subject to reimbursement to the state by] THE RESPONSIBILITY
 OF the social services district from which the  youth  was  placed,  AND
 SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
 regulations  of  the  division,  as follows: fifty percent of the amount
 expended for care, maintenance and supervision of local charges] SECTION
 ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   [5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN  SUBDIVISION  FIVE  OF
 THIS  SECTION,  EXPENDITURES  made by the [division for youth] OFFICE OF
 CHILDREN AND FAMILY SERVICES for aftercare supervision shall be  subject
 to reimbursement to the state by the social services district from which
 the  youth  was placed, in accordance with regulations of the [division]
 OFFICE, as follows: fifty percent of the amount expended  for  aftercare
 supervision of local charges.
   (b)  Expenditures  made  by  social  services  districts for aftercare
 supervision of adjudicated juvenile delinquents and persons in  need  of
 supervision  [provided  (prior  to  the  expiration  of  the  initial or
 extended period of placement or commitment) by the  aftercare  staff  of
 the facility from which the youth has been released or discharged, other
 than  those  under  the jurisdiction of the division for youth, in which
 said youth was placed or committed, pursuant to directions of the family
 court,] shall be subject to reimbursement by the state[,  upon  approval
 by the division and in accordance with its regulations, as follows:
   (1) the full amount expended by the district for aftercare supervision
 of state charges;
   (2) fifty percent of the amount expended by the district for aftercare
 supervision  of  local  charges]  IN ACCORDANCE WITH SECTION ONE HUNDRED
 FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
   (c) Expenditures made by the [division for youth] OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  for  contracted  programs and contracted services
 pursuant to subdivision seven of section five hundred one of this  arti-
 cle,  except  with  respect  to  urban  homes  and group homes, shall be
 subject to reimbursement to the state by the  social  services  district

 A. 3006--B                         190
 
 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 SEVENTEEN 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 SEVENTEEN THAT INCREASED THE
 AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR THAT  AUTHOR-
 IZED  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.
   §  97. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi-
 vision 3 of section 529-b of the executive law, as added by section 3 of
 subpart B of part Q of chapter 58 of the laws of 2011,  are  amended  to
 read as follows:
   1.  (a) Notwithstanding any provision of law to the contrary, eligible
 expenditures by an eligible municipality for services to divert youth at
 risk of, alleged to  be,  or  adjudicated  as  juvenile  delinquents  or
 persons  alleged  or  adjudicated to be in need of supervision, or youth
 alleged to be or convicted  as  juvenile  offenders  from  placement  in
 detention or in residential care shall be subject to state reimbursement
 under  the  supervision and treatment services for juveniles program for
 up to sixty-two percent of the municipality's expenditures,  subject  to
 available  appropriations and exclusive of any federal funds made avail-
 able for such purposes, not to exceed  the  municipality's  distribution
 under the supervision and treatment services for juveniles program.
   (b)  The  state  funds  appropriated for the supervision and treatment
 services for juveniles program shall be distributed to eligible  munici-
 palities  by  the office of children and family services based on a plan
 developed by  the  office  which  may  consider  historical  information
 regarding  the  number  of youth seen at probation intake for an alleged
 act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE  OF
 THE  FAMILY  COURT  ACT,  the number of youth remanded to detention, the
 number of juvenile delinquents placed with the  office,  the  number  of
 juvenile  delinquents and persons in need of supervision placed in resi-
 dential care with the municipality, the municipality's reduction in  the
 use of detention and residential placements, and other factors as deter-
 mined  by the office. Such plan developed by the office shall be subject
 to the approval of the director of the budget. The office is authorized,
 in its discretion, to make advance distributions to  a  municipality  in
 anticipation of state reimbursement.

 A. 3006--B                         191
 
   (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;
   §  98.  Subdivisions  2, 4, 5, 6 and 7 of section 530 of the executive
 law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
 of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
 2 as amended by section 1 of part M of chapter 57 of the laws  of  2012,
 subdivision  5  as  amended by chapter 920 of the laws of 1982, subpara-
 graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
 amended by section 5 of subpart B of part Q of chapter 58 of the laws of
 2011, subdivision 6 as amended by chapter 880 of the laws of  1976,  and
 subdivision  7 as amended by section 6 of subpart B of part Q of chapter
 58 of the laws of 2011, are amended and a new subdivision 8 is added  to
 read as follows:
   2.  [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS
 SECTION, EXPENDITURES made by municipalities in providing care,  mainte-
 nance and supervision to youth in detention facilities designated pursu-
 ant  to  sections seven hundred twenty and 305.2 of the family court act
 and certified by [the division for youth] OFFICE OF CHILDREN AND  FAMILY
 SERVICES, shall be subject to reimbursement by the state, as follows:
   (a)  Notwithstanding  any  provision  of law to the contrary, eligible
 expenditures by a municipality during a particular program year for  the
 care,  maintenance  and supervision in foster care programs certified by
 the office of children and family services, certified or approved family
 boarding homes, and non-secure detention  facilities  certified  by  the
 office  for  those youth alleged to be persons in need of supervision or
 adjudicated persons in need of supervision held pending  transfer  to  a
 facility  upon placement; and in secure and non-secure detention facili-
 ties certified by the office in accordance  with  section  five  hundred
 three  of  this  article  for  those youth alleged to be juvenile delin-
 quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
 facility upon placement, and juvenile delinquents held at the request of
 the  office  of children and family services pending extension of place-
 ment hearings or release revocation hearings or while awaiting  disposi-
 tion  of such hearings; and youth alleged to be or convicted as juvenile
 offenders AND, YOUTH ALLEGED TO BE PERSONS IN  NEED  OF  SUPERVISION  OR
 ADJUDICATED  PERSONS  IN  NEED OF SUPERVISION HELD PENDING TRANSFER TO A
 FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE  OFFICE
 OF  CHILDREN  AND FAMILY SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING
 HOMES, shall be subject to state reimbursement for up to  fifty  percent
 of  the municipality's expenditures, exclusive of any federal funds made
 available for such purposes, not to exceed the  municipality's  distrib-
 ution  from  funds that have been appropriated specifically therefor for
 that program year. Municipalities shall implement the use  of  detention
 risk  assessment  instruments in a manner prescribed by the office so as
 to inform detention decisions.  Notwithstanding any other  provision  of
 state  law to the contrary, data necessary for completion of a detention
 risk  assessment  instrument  may  be  shared  among  law   enforcement,
 probation,  courts,  detention  administrators, detention providers, and
 the attorney for the child upon retention or appointment; solely for the
 purpose of accurate completion of such risk assessment instrument, and a
 copy of the completed detention risk assessment instrument shall be made
 available to the applicable detention provider,  the  attorney  for  the
 child and the court.

 A. 3006--B                         192
 
   (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
 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

 A. 3006--B                         193
 
 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,
 pending  adjudication  of  alleged delinquency or alleged need of super-
 vision by the family court, or pending transfer to institutions to which
 committed or placed by such court or while awaiting disposition by  such
 court after adjudication or held pursuant to a securing order of a crim-
 inal  court  if the person named therein as principal is under [sixteen]
 EIGHTEEN YEARS OF AGE; or[,]

 A. 3006--B                         194

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

 A. 3006--B                         195
 
 OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO  THOUSAND
 SEVENTEEN  THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN
 YEARS OF AGE.
   §  99.  Section  109-c  of  the  vehicle  and traffic law, as added by
 section 1 of part E of chapter 60 of the laws of  2005,  is  amended  to
 read as follows:
   §  109-c.    Conviction.   1. Any conviction as defined in subdivision
 thirteen of section 1.20 of the criminal procedure law; provided, howev-
 er, where a conviction or administrative finding in this state or anoth-
 er state results in a mandatory sanction against a  commercial  driver's
 license,  as set forth in sections five hundred ten, five hundred ten-a,
 eleven hundred ninety-two and eleven hundred ninety-four of  this  chap-
 ter, conviction shall also mean an unvacated adjudication of guilt, or a
 determination  that  a  person has violated or failed to comply with the
 law in a court of original jurisdiction or by an authorized  administra-
 tive  tribunal,  an unvacated forfeiture of bail or collateral deposited
 to secure the person's appearance in court, a plea  of  guilty  or  nolo
 contendere  accepted  by the court, the payment of a fine or court cost,
 or violation of a condition  of  release  without  bail,  regardless  of
 whether or not the penalty is rebated, suspended, or probated.
   2.  A CONVICTION SHALL INCLUDE A JUVENILE DELINQUENCY ADJUDICATION FOR
 THE PURPOSES OF SECTIONS FIVE HUNDRED TEN; SUBDIVISION FIVE  OF  SECTION
 FIVE HUNDRED ELEVEN; FIVE HUNDRED FOURTEEN; FIVE HUNDRED TWENTY-THREE-A;
 SUBPARAGRAPH  (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ELEVEN
 HUNDRED NINETY-THREE; SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-
 THREE;  ELEVEN  HUNDRED  NINETY-SIX; ELEVEN HUNDRED NINETY-EIGHT; ELEVEN
 HUNDRED NINETY-EIGHT-A; ELEVEN  HUNDRED  NINETY-NINE;  EIGHTEEN  HUNDRED
 EIGHT;  EIGHTEEN  HUNDRED  NINE;  EIGHTEEN  HUNDRED NINE-C; AND EIGHTEEN
 HUNDRED NINE-E OF THIS CHAPTER AND PARAGRAPH (A) OF SUBDIVISION  SIX  OF
 SECTION  SIXTY-FIVE-B  OF  THE  ALCOHOLIC  BEVERAGE CONTROL LAW ONLY AND
 SOLELY FOR THE PURPOSES OF ALLOWING THE FAMILY COURT TO  IMPOSE  LICENSE
 AND  REGISTRATION  SANCTIONS,  IGNITION  INTERLOCK  DEVICES, ANY DRUG OR
 ALCOHOL REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER  RESPONSI-
 BILITY  ASSESSMENT, VICTIM ASSISTANCE FEE, SURCHARGE, AND ISSUING A STAY
 ORDER ON APPEAL. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  AS
 LIMITING  OR  PRECLUDING THE ENFORCEMENT OF SECTION ELEVEN HUNDRED NINE-
 TY-TWO-A OF THIS CHAPTER AGAINST A PERSON UNDER THE AGE OF TWENTY-ONE.
   § 100. Subdivision 1 of section 510 of the vehicle and traffic law, as
 amended by chapter 132 of the laws  of  1986,  is  amended  to  read  as
 follows:
   1.  Who  may suspend or revoke. Any magistrate, justice or judge, in a
 city, in a town, or in a village, any supreme court justice, any  county
 judge, any judge of a district court, ANY FAMILY COURT JUDGE, the super-
 intendent  of state police and the commissioner of motor vehicles or any
 person deputized by him, shall have  power  to  revoke  or  suspend  the
 license  to drive a motor vehicle or motorcycle of any person, or in the
 case of an owner, the registration, as provided herein.
   § 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

 A. 3006--B                         196
 
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   §  101.  This  act  shall  take effect immediately; provided, however,
 that:
   1. sections one through seven, nine  through  twenty-four,  twenty-six
 through   fifty-eight,   fifty-nine,  sixty-one  through  sixty-three-l,
 sixty-three-m,  sixty-six,  sixty-eight  through   seventy-six,   eighty
 through  eighty-seven,  eighty-eight, eighty-nine and ninety through one
 hundred-a of this act shall take effect on January 1, 2019;
   2.  sections sixty-seven, seventy-seven, seventy-eight,  and  seventy-
 nine  of  this  act shall take effect on the sixtieth day after it shall
 have become a law;
   3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
 1 of section 409-a of the social services law, made by section fifty-two
 of this act shall survive the expiration of such  subparagraph  pursuant
 to section 28 of part C of chapter 83 of the laws of 2002, as amended;
   4.  the  amendments  to  subdivision  4 of section 353.5 of the family
 court act made by section twenty-four of this act shall not  affect  the
 expiration  and  reversion of such subdivision pursuant to section 11 of
 subpart A of part G of chapter 57 of the laws of 2012, as  amended,  and
 shall  expire  and be deemed repealed therewith, when upon such date the
 provisions of section twenty-five of this act shall take effect;
   5. the amendments to section 153-k of the social services law made  by
 section  forty-seven  of  this  act  shall not affect the repeal of such
 section and shall expire and be deemed repealed therewith;
   6. the amendments to section 404 of the social services  law  made  by
 section  fifty-one  of  this  act  shall  not  affect the repeal of such
 section and shall expire and be deemed repealed therewith;
   7.  the amendments to subdivision 1 of section 70.20 of the penal  law
 made  by section fifty-eight of this act shall not affect the expiration
 of such subdivision and shall expire and be deemed repealed therewith;
   8. the amendments to paragraph (f) of subdivision 1 of  section  70.30
 of  the  penal  law made by section sixty-a of this act shall not affect
 the expiration of such paragraph and shall be deemed  to  expire  there-
 with;
   9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
 section  3214  of the education law made by section eighty-seven of this
 act shall not affect the expiration  and  reversion  of  such  paragraph
 pursuant  to  section  4 of chapter 425 of the laws of 2002, as amended,
 when upon such date the provisions of section eighty-seven-a of this act
 shall take effect; provided, however if such date of reversion is  prior
 to January 1, 2019, section eighty-seven-a of this act shall take effect
 on January 1, 2019; and
   10. the amendments to the second undesignated paragraph of subdivision
 4  of  section  246  of the executive law made by section eighty-nine of
 this act shall not affect the expiration and reversion of such paragraph
 pursuant to subdivision aa of section 427 of chapter 55 of the  laws  of
 1992,  as amended, when upon such date the provisions of section eighty-
 nine-a of this act shall take effect; provided, however if such date  of
 reversion is prior to January 1, 2019, section eighty-nine-a of this act
 shall take effect on January 1, 2019.
 
                                  PART K
 
   Section  1.  This part enacts into law major components of legislation
 which are necessary for the financing of various child welfare services.

 A. 3006--B                         197
 
 Each component is  wholly  contained  within  a  subpart  identified  as
 subparts  A  through B. The effective date for each particular provision
 contained within a 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 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 three of this part
 sets forth the general effective date of this part.
 
                                 SUBPART A
 
   Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
 amending  the executive law and other laws relating to funding for chil-
 dren and family services, as amended by section 1 of part F  of  chapter
 57 of the laws of 2012, is amended to read as follows:
   §  28.  This act shall take effect immediately; provided that sections
 nine through eighteen and twenty through twenty-seven of this act  shall
 be  deemed  to  have been in full force and effect on and after April 1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002 except as provided in subdivision 9 of section 153-k of the  social
 services  law  as added by section fifteen of this act; provided further
 however, that nothing in this act shall authorize the office of children
 and family services to deny state reimbursement  to  a  social  services
 district for violations of the provisions of section 153-d of the social
 services  law  for  services provided from January 1, 1994 through March
 31, 2002; provided that section nineteen of this act shall  take  effect
 September  13,  2002  and  shall  expire and be deemed repealed June 30,
 2012; and, provided further, however, that notwithstanding  any  law  to
 the  contrary, the office of children and family services shall have the
 authority to promulgate, on an emergency  basis,  any  rules  and  regu-
 lations  necessary to implement the requirements established pursuant to
 this act; provided further, however, that the regulations to  be  devel-
 oped  pursuant  to section one of this act shall not be adopted by emer-
 gency rule; and provided further that the provisions  of  sections  nine
 through  eighteen  and  twenty  through  twenty-seven  of this act shall
 expire and be deemed repealed on June 30, [2017] 2022.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
                           Intentionally omitted
   § 2. Severability. If any clause, sentence, paragraph, subdivision  or
 section  of this part shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate the remainder thereof, but shall be confined in its  operation  to
 the clause, sentence, paragraph, subdivision or section 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 part would have been enacted even if such  invalid  provisions  had
 not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of subparts A and B of this part shall  be
 as specifically set forth in the last section of such subparts.

 A. 3006--B                         198
 
                                  PART L
 
   Section  1.  Paragraph (iii) of subdivision (e) of section 1012 of the
 family court act, as amended by chapter 320 of  the  laws  of  2006,  is
 amended to read as follows:
   (iii)  (A)  commits, or allows to be committed an offense against such
 child defined in article one  hundred  thirty  of  the  penal  law;  (B)
 allows,  permits or encourages such child to engage in any act described
 in sections 230.25, 230.30 and 230.32 of the penal law; (C) commits  any
 of the acts described in sections 255.25, 255.26 and 255.27 of the penal
 law;  [or]  (D) allows such child to engage in acts or conduct described
 in article two hundred sixty-three of the penal law; OR (E)  PERMITS  OR
 ENCOURAGES  SUCH  CHILD  TO ENGAGE IN ANY ACT OR COMMITS OR ALLOWS TO BE
 COMMITTED AGAINST SUCH CHILD ANY OFFENSE THAT WOULD  RENDER  SUCH  CHILD
 EITHER  A VICTIM OF SEX TRAFFICKING OR A VICTIM OF SEVERE FORMS OF TRAF-
 FICKING IN PERSONS PURSUANT TO 22 U.S.C. 7102 AS ENACTED BY  PUBLIC  LAW
 106-386  OR  ANY  SUCCESSOR FEDERAL STATUTE; (F) provided, however, that
 [(a)] (1) the corroboration requirements contained in the penal law  and
 [(b)] (2) the age requirement for the application of article two hundred
 sixty-three  of such law shall not apply to proceedings under this arti-
 cle.
   § 2. This act shall take effect immediately.
 
                                  PART M
 
   Section 1. Paragraph a of subdivision 2 of section 420 of  the  execu-
 tive law, as amended by section 3 of part G of chapter 57 of the laws of
 2013, is amended to read as follows:
   a.  (1) A municipality may submit to the office of children and family
 services a plan for the providing of services for runaway  and  homeless
 youth,  as  defined  in  article  nineteen-H of this chapter. Where such
 municipality is receiving state aid pursuant to paragraph a of  subdivi-
 sion  one of this section, such runaway and homeless youth plan shall be
 submitted as part of the comprehensive plan and shall be consistent with
 the goals and objectives therein.
   (2) A runaway and homeless youth plan shall be developed in  consulta-
 tion  with  the municipal youth bureau and the county or city department
 of social services, shall be in accordance with the regulations  of  the
 office  of children and family services, shall provide for a coordinated
 range of services for runaway and  homeless  youth  and  their  families
 including preventive, temporary shelter, transportation, counseling, and
 other  necessary  assistance,  and shall provide for the coordination of
 all available county resources for runaway and homeless youth and  their
 families  including  services  available  through  the  municipal  youth
 bureau, the county or city department of social services,  local  boards
 of  education,  local  drug  and  alcohol  programs and organizations or
 programs which have past experience dealing with  runaway  and  homeless
 youth. [Such]
   (3) IN ITS plan A MUNICIPALITY may:
   (I)  include  provisions  for  transitional independent living support
 programs [for homeless youth between the ages of sixteen and twenty-one]
 AND RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS as  provided  in
 article nineteen-H of this chapter;
   (II) AUTHORIZE SERVICES UNDER ARTICLE NINETEEN-H OF THIS CHAPTER TO BE
 PROVIDED  TO  HOMELESS  YOUNG ADULTS, AS SUCH TERM IS DEFINED IN SECTION
 FIVE HUNDRED THIRTY-TWO-A OF THIS CHAPTER;

 A. 3006--B                         199
 
   (III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED IN  ACCORDANCE
 WITH ANY OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (A)  PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED
 THIRTY-TWO-B;
   (B) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D;
   (C)  PARAGRAPH  (C)  OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY
 TWO-B OF THIS CHAPTER;
   (D) PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D OF THIS CHAPTER;
   (E)  TO ALLOW A YOUTH UNDER THE AGE OF SIXTEEN TO BE SERVED IN A TRAN-
 SITIONAL INDEPENDENT LIVING PROGRAM PURSUANT  TO  SUBPARAGRAPH  (II)  OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED THIRTY-TWO-D OF
 THIS CHAPTER; AND
   (IV)  IF A MUNICIPALITY PROVIDES SHELTER IN ACCORDANCE WITH ITEMS (C),
 (D) AND (E) OF CLAUSE (III) OF SUBPARAGRAPH  THREE  OF  THIS  PARAGRAPH,
 THEN  SUCH  MUNICIPALITY  SHALL, WITHIN SIXTY DAYS, NOTIFY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES IN WRITING OF THE CIRCUMSTANCES  THAT  MADE
 THE  PROVISION OF SHELTER NECESSARY, EFFORTS MADE BY THE PROGRAM TO FIND
 SUITABLE ALTERNATIVE LIVING ARRANGEMENTS FOR SUCH YOUTH, AND THE OUTCOME
 OF SUCH EFFORTS. IF THE OFFICE DETERMINES THAT SUCH SHELTER WAS INAPPRO-
 PRIATE, THE OFFICE MAY INSTRUCT THE PROGRAM ON HOW TO SEEK A MORE  SUIT-
 ABLE ALTERNATIVE LIVING ARRANGEMENT.
   (4) Such plan shall also provide for the designation and duties of the
 runaway  and  homeless youth service coordinator defined in section five
 hundred thirty-two-a of this chapter who is available on  a  twenty-four
 hour basis and maintains information concerning available shelter space,
 transportation and services.
   (5) Such plan may include provision for the per diem reimbursement for
 residential  care  of runaway and homeless youth in [approved] CERTIFIED
 RESIDENTIAL runaway AND HOMELESS YOUTH  programs  which  are  authorized
 agencies[,  provided that such per diem reimbursement shall not exceed a
 total of thirty days for any one youth].
   § 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
 subdivisions 1 and 2 as amended by chapter 800  of  the  laws  of  1985,
 subdivisions  4 and 6 as amended by section 6 of part G of chapter 57 of
 the laws of 2013, are amended and a new subdivision 9 is added  to  read
 as follows:
   1. "Runaway youth" shall mean a person under the age of eighteen years
 who is absent from his OR HER legal residence without the consent of his
 OR HER parent, legal guardian or custodian.
   2. "Homeless youth" shall mean:
   (A)  a person under the age of [twenty-one] EIGHTEEN who is in need of
 services and is without a place of shelter where  supervision  and  care
 are available; OR
   (B)  A  PERSON  WHO IS UNDER THE AGE OF TWENTY-ONE BUT IS AT LEAST AGE
 EIGHTEEN AND WHO IS IN NEED OF SERVICES AND IS WITHOUT A PLACE OF  SHEL-
 TER.
   (C)  PROVIDED  HOWEVER,  WHEN  A MUNICIPALITY'S APPROVED COMPREHENSIVE
 PLAN AUTHORIZES THAT SERVICES PURSUANT TO THIS ARTICLE  BE  PROVIDED  TO
 "HOMELESS  YOUNG  ADULTS"  AS SUCH TERM IS DEFINED IN THIS SECTION, THEN
 FOR PURPOSES RELATED TO THE PROVISIONS OF THAT  MUNICIPALITY'S  APPROVED
 COMPREHENSIVE PLAN THAT INCLUDE "HOMELESS YOUNG ADULTS", THE TERM "HOME-
 LESS YOUTH" AS USED IN THIS ARTICLE SHALL BE DEEMED TO INCLUDE "HOMELESS
 YOUNG ADULTS".

 A. 3006--B                         200
 
   4.  "[Approved  runaway]  RUNAWAY  AND  HOMELESS YOUTH CRISIS SERVICES
 program" shall mean:
   (A) any non-residential program approved by the office of children and
 family  services, after submission by the municipality[,] as part of its
 comprehensive plan, THAT PROVIDES SERVICES TO RUNAWAY YOUTH AND HOMELESS
 YOUTH, IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN  AND
 FAMILY SERVICES; or
   (B) any residential [facility] PROGRAM which is operated by an author-
 ized  agency  as  defined  in  subdivision  ten of section three hundred
 seventy-one of the social services law, and [approved] CERTIFIED by  the
 office  of children and family services [after submission by the munici-
 pality as part of its comprehensive plan, established and  operated]  to
 provide  SHORT-TERM  RESIDENTIAL  services to runaway YOUTH and homeless
 youth, in accordance with the APPLICABLE regulations of  the  office  of
 temporary and disability assistance and the office of children and fami-
 ly services. [Such]
   (C)  RUNAWAY  AND  HOMELESS  YOUTH  CRISIS  SERVICES programs may also
 provide non-residential crisis intervention and, IF CERTIFIED,  residen-
 tial respite services to youth in need of crisis intervention or respite
 services,  as SUCH TERM IS defined in this section.  Residential respite
 services in [an approved] A CERTIFIED runaway AND HOMELESS YOUTH  CRISIS
 SERVICES  program may be provided TO SUCH YOUTH for no more than twenty-
 one days, in accordance with the regulations of the office  of  children
 and  family services AND SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY
 COURT ACT.
   6. "Transitional independent living support program" shall mean:
   (A) any non-residential program approved by the office of children and
 family services, after submission by the municipality  as  part  of  its
 comprehensive  plan,  [or]  THAT  PROVIDES SUPPORTIVE SERVICES TO ENABLE
 HOMELESS YOUTH TO PROGRESS FROM CRISIS CARE  AND  TRANSITIONAL  CARE  TO
 INDEPENDENT LIVING, IN ACCORDANCE WITH THE APPLICABLE REGULATIONS OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; OR
   (B)  any  residential [facility approved by the office of children and
 family services after submission by the  municipality  as  part  of  its
 comprehensive  plan to offer youth development programs,] PROGRAM estab-
 lished and operated to provide supportive services, [for a period of  up
 to  eighteen months] in accordance with the regulations of the office of
 children and family services, to enable homeless youth [between the ages
 of sixteen and twenty-one] to progress from crisis care and transitional
 care to independent living.
   [Such] (C) A transitional independent living support program may  also
 provide  services  to  youth  in  need of crisis intervention or respite
 services. Notwithstanding the time limitation in paragraph (i) of subdi-
 vision (d) of section seven hundred thirty-five of the family court act,
 residential respite services may be provided in a transitional independ-
 ent living support program for a period of more than twenty-one days.
   9. "HOMELESS YOUNG ADULT" SHALL MEAN A PERSON WHO IS  AGE  TWENTY-FOUR
 OR YOUNGER BUT IS AT LEAST AGE TWENTY-ONE AND WHO IS IN NEED OF SERVICES
 AND IS WITHOUT A PLACE OF SHELTER.
   §  3.  Section  532-b of the executive law, as added by chapter 722 of
 the laws of 1978, the opening paragraph of subdivision 1 as  amended  by
 chapter  182  of  the  laws  of  2002, paragraph (a) of subdivision 1 as
 amended by section 15 of part E of chapter 57 of the laws of 2005, para-
 graph (e) of subdivision 1 as amended by chapter  569  of  the  laws  of
 1994,  and subdivision 2 as amended by section 7 of part G of chapter 57
 of the laws of 2013, is amended to read as follows:

 A. 3006--B                         201
 
   § 532-b. Powers and duties of [approved] runaway [program]  AND  HOME-
 LESS  YOUTH  CRISIS  SERVICES  PROGRAMS.  1.   Notwithstanding any other
 provision of law, pursuant to regulations of the office of children  and
 family  services  [an  approved]  A  runaway  AND  HOMELESS YOUTH CRISIS
 SERVICES program is authorized to and shall:
   (a)  provide  assistance  to any runaway or homeless youth or youth in
 need of crisis intervention or respite services as defined in this arti-
 cle;
   (b) attempt to determine the cause for the youth's runaway or homeless
 status;
   (c) explain to the runaway [and] OR homeless youth his  OR  HER  legal
 rights  and  options  of  service  or  other assistance available to the
 youth;
   (d) work towards reuniting such youth with his OR HER parent or guard-
 ian as soon as practicable in accordance with section five hundred thir-
 ty-two-c of this article;
   (e) assist in arranging for necessary services for runaway or homeless
 youth, and where appropriate, their families, including but not  limited
 to  food,  shelter, clothing, medical care, education and individual and
 family counseling. Where  the  [approved]  runaway  AND  HOMELESS  YOUTH
 CRISIS  SERVICES  program  concludes that such runaway or homeless youth
 would be eligible for assistance, care or services from a  local  social
 services  district,  it  shall assist the youth in securing such assist-
 ance, care or services as the youth is entitled to; [and]
   (f) immediately report to the [local child protective service]  STATE-
 WIDE  CENTRAL  REGISTER  OF  CHILD  ABUSE AND MALTREATMENT OR VULNERABLE
 PERSONS' CENTRAL REGISTER, AS APPROPRIATE, where it has reasonable cause
 to suspect that the  runaway  or  homeless  youth  has  been  abused  or
 neglected or when such youth maintains such to be the case[.];
   (G)  CONTACT  THE  APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT IS
 BELIEVED THAT THE YOUTH MAY BE  A  DESTITUTE  CHILD,  AS  SUCH  TERM  IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT.  THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES SHALL PROVIDE APPROPRIATE GUID-
 ANCE TO THE RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAM ON HOW TO
 ACCURATELY IDENTIFY A YOUTH THAT MAY BE A DESTITUTE CHILD; AND
   (H) PROVIDE INFORMATION TO  ELIGIBLE  YOUTH  ABOUT  THEIR  ABILITY  TO
 RE-ENTER  FOSTER  CARE  IN  ACCORDANCE  WITH ARTICLE TEN-B OF THE FAMILY
 COURT ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH  YOUTH  WHO  MAY  BE
 INTERESTED  IN  RE-ENTERING  FOSTER  CARE TO THE APPLICABLE LOCAL SOCIAL
 SERVICES DISTRICT.  THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL
 PROVIDE  THE RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAM WITH THE
 APPROPRIATE EDUCATIONAL MATERIALS TO GIVE TO  ELIGIBLE  YOUTH  REGARDING
 THEIR ABILITY TO RE-ENTER FOSTER CARE. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  SHALL  ALSO  PROVIDE  APPROPRIATE  GUIDANCE TO THE RUNAWAY AND
 HOMELESS YOUTH CRISIS SERVICES PROGRAM ON  HOW  TO  ACCURATELY  IDENTIFY
 YOUTH THAT MAY BE ELIGIBLE TO RE-ENTER FOSTER CARE AND HOW TO REFER SUCH
 YOUTH TO THE APPLICABLE LOCAL SOCIAL SERVICES DISTRICT IF APPROPRIATE.
   2.  [The] (A) A runaway youth may remain in [the] A CERTIFIED RESIDEN-
 TIAL RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES program on  a  voluntary
 basis  for  a period not to exceed thirty days, OR FOR A YOUTH AGE FOUR-
 TEEN OR OLDER FOR A PERIOD UP TO  SIXTY  DAYS  WHEN  AUTHORIZED  IN  THE
 APPLICABLE  MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN, from the date of
 admission where the filing of a petition pursuant to article ten of  the
 family  court act is not contemplated, in order that arrangements can be
 made for the runaway youth's return home, alternative residential place-

 A. 3006--B                         202
 
 ment pursuant to  section  three  hundred  ninety-eight  of  the  social
 services law, or any other suitable plan.
   (B)  If  the  runaway  youth  and  the  parent,  guardian or custodian
 agree[,] in writing, the runaway youth may remain in [the runaway]  SUCH
 program up to sixty days, OR UP TO  ONE HUNDRED TWENTY DAYS WHEN AUTHOR-
 IZED  IN  THE  APPLICABLE  MUNICIPALITY'S  APPROVED COUNTY COMPREHENSIVE
 PLAN, without the filing of a petition pursuant to article  ten  of  the
 family  court  act,  provided  that  in any such case the facility shall
 first have obtained the approval of the applicable municipal runaway AND
 HOMELESS YOUTH SERVICES coordinator, who shall notify the municipality's
 youth bureau of his or her approval together with a statement as to  the
 reason   why  such  additional  residential  stay  is  necessary  and  a
 description of the efforts  being  made  to  find  suitable  alternative
 living arrangements for such youth.
   (C)  A RUNAWAY YOUTH MAY REMAIN IN A CERTIFIED RESIDENTIAL RUNAWAY AND
 HOMELESS YOUTH CRISIS SERVICES  PROGRAM  BEYOND  THE  APPLICABLE  PERIOD
 AUTHORIZED  BY  PARAGRAPH  (A) OR (B) OF THIS SUBDIVISION IF THE MUNICI-
 PALITY HAS NOTIFIED THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  IN
 ACCORDANCE  WITH  CLAUSE  (IV) OF SUBPARAGRAPH THREE OF PARAGRAPH (A) OF
 SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY OF THE EXECUTIVE LAW.
   § 4. Section 532-c of the executive law, as added by  chapter  722  of
 the laws of 1978, is amended to read as follows:
   § 532-c. Notice to parent; return of runaway youth to parent; alterna-
 tive  living arrangements.   1. The staff of [the] A RESIDENTIAL RUNAWAY
 AND HOMELESS YOUTH CRISIS SERVICES program shall, to the maximum  extent
 possible,  preferably  within  twenty-four hours but within no more than
 seventy-two hours following the  youth's  admission  into  the  program,
 notify  such runaway youth's parent, guardian or custodian of his or her
 physical and emotional condition, and the circumstances surrounding  the
 runaway  youth's  presence  at  the program, unless there are compelling
 circumstances why the parent, guardian or custodian  should  not  be  so
 notified. Where such circumstances exist, the [runaway] program director
 or  his OR HER designee shall either file an appropriate petition in the
 family court, refer the youth to the local social services district,  or
 in  instances  where  abuse  or  neglect  is suspected, report such case
 pursuant to title six of article six of the social services law.
   2. Where custody of the youth upon leaving the [approved]  program  is
 assumed  by a relative or other person, other than the parent or guardi-
 an, the staff of the program shall so notify the parent or  guardian  as
 soon as practicable after the release of the youth. The officers, direc-
 tors  or  employees of [an approved runaway] THE program shall be immune
 from any civil or criminal liability for or arising out of  the  release
 of a runaway or homeless youth to a relative or other responsible person
 other than a parent or guardian.
   §  5. Section 532-d of the executive law, as amended by chapter 182 of
 the laws of 2002, subdivisions (e) and (g) as  amended  and  subdivision
 (f)  as added by section 16 of part E of chapter 57 of the laws of 2005,
 is amended to read as follows:
   § 532-d. Residential [facilities operated as] transitional independent
 living support programs. Notwithstanding any inconsistent  provision  of
 law,  pursuant  to  regulations  of  the  office  of children and family
 services, residential facilities operating as  transitional  independent
 living support programs are authorized to and shall:
   [(a)]  1.  (A) (I) provide shelter to homeless youth [between the ages
 of sixteen and twenty-one as defined in this article] WHO ARE  AT  LEAST
 AGE SIXTEEN.

 A. 3006--B                         203
 
   (II)  PROVIDED,  HOWEVER,  THAT  SHELTER MAY BE PROVIDED TO A HOMELESS
 YOUTH UNDER THE AGE OF SIXTEEN IF  THE  MUNICIPALITY  HAS  NOTIFIED  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH CLAUSE (IV) OF
 SUBPARAGRAPH  THREE  OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FOUR
 HUNDRED TWENTY OF THE EXECUTIVE LAW.
   (B)  SHELTER  MAY  BE  PROVIDED  TO A HOMELESS YOUTH IN A TRANSITIONAL
 INDEPENDENT LIVING PROGRAM FOR A PERIOD OF UP TO EIGHTEEN MONTHS, OR  UP
 TO  TWENTY-FOUR  MONTHS WHEN AUTHORIZED IN THE APPLICABLE MUNICIPALITY'S
 APPROVED COMPREHENSIVE PLAN;
   (C) A HOMELESS YOUTH WHO ENTERED  A  TRANSITIONAL  INDEPENDENT  LIVING
 PROGRAM  UNDER  THE  AGE  OF  TWENTY-ONE MAY CONTINUE TO RECEIVE SHELTER
 SERVICES IN SUCH PROGRAM BEYOND  THE  APPLICABLE  PERIOD  AUTHORIZED  BY
 PARAGRAPH  (B) OF THIS SUBDIVISION, IF THE MUNICIPALITY HAS NOTIFIED THE
 OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH CLAUSE (IV) OF
 SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVISION TWO OF  SECTION  FOUR
 HUNDRED TWENTY OF THE EXECUTIVE LAW;
   [(b)]  2.  work  toward  reuniting such homeless youth with his OR HER
 parent, guardian or custodian, where possible;
   [(c)] 3. provide or assist in securing  necessary  services  for  such
 homeless  youth, and where appropriate, his OR HER family, including but
 not limited to housing, educational, medical care, legal, mental health,
 and substance and alcohol abuse services. Where such  program  concludes
 that  such  homeless  youth  would  be  eligible for assistance, care or
 services from a local social services district,  it  shall  assist  such
 youth in securing such assistance, care or services;
   [(d)]  4. for a homeless youth whose service plan involves independent
 living, provide practical assistance in achieving  independence,  either
 through  direct provision of services or through written agreements with
 other community and public agencies for the provision of services in the
 following areas; high school education or high school equivalency educa-
 tion; higher education assessment; job training and job placement; coun-
 seling; assistance in the development of socialization skills;  guidance
 and  assistance in securing housing appropriate to needs and income; and
 training in the development of skills necessary  for  responsible  inde-
 pendent  living, including but not limited to money and home management,
 personal care, and health maintenance; and
   [(e)] 5. provide residential services to a youth  in  need  of  crisis
 intervention or respite services, as defined in this article; [and]
   [(f)]  6.  continue to provide services to a homeless youth who is not
 yet eighteen years of age but who has reached the [eighteen month] maxi-
 mum TIME PERIOD provided by PARAGRAPH (B) OF subdivision  [six]  ONE  of
 THIS  section  [five  hundred thirty-two-a of this article], until he or
 she is eighteen years of age or for an additional six months  if  he  or
 she is still under the age of eighteen; and
   [(g)] 7.  CONTACT THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT
 IS  BELIEVED  THAT  THE  YOUTH MAY BE A DESTITUTE CHILD, AS SUCH TERM IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT.  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE  APPROPRIATE  GUID-
 ANCE  TO THE RESIDENTIAL TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM
 ON HOW TO ACCURATELY IDENTIFY A YOUTH THAT MAY BE A DESTITUTE CHILD;
   8. PROVIDE INFORMATION TO ELIGIBLE YOUTH ABOUT THEIR ABILITY TO RE-EN-
 TER FOSTER CARE IN ACCORDANCE WITH ARTICLE TEN-B  OF  THE  FAMILY  COURT
 ACT,  AND  IN  APPROPRIATE CASES, REFER ANY SUCH YOUTH WHO MAY BE INTER-
 ESTED IN RE-ENTERING FOSTER CARE TO THE APPLICABLE LOCAL SOCIAL SERVICES
 DISTRICT.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE  THE
 RESIDENTIAL  TRANSITIONAL  INDEPENDENT  LIVING  SUPPORT PROGRAM WITH THE

 A. 3006--B                         204
 
 APPROPRIATE EDUCATIONAL MATERIALS TO GIVE TO  ELIGIBLE  YOUTH  REGARDING
 THEIR ABILITY TO RE-ENTER FOSTER CARE. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  SHALL ALSO PROVIDE APPROPRIATE GUIDANCE TO RESIDENTIAL TRANSI-
 TIONAL  INDEPENDENT LIVING SUPPORT PROGRAM ON HOW TO ACCURATELY IDENTIFY
 YOUTH THAT MAY BE ELIGIBLE TO RE-ENTER FOSTER CARE AND HOW TO REFER SUCH
 YOUTH TO THE APPLICABLE LOCAL SOCIAL SERVICES DISTRICT  IF  APPROPRIATE;
 AND
   9.  provide  such reports and data as specified by the office of chil-
 dren and family services.
   § 6. The executive law is amended by adding a  new  section  532-f  to
 read as follows:
   §  532-F.  REQUIRED  CERTIFICATION FOR RESIDENTIAL PROGRAMS.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ANY  RESIDENTIAL
 PROGRAM  ESTABLISHED  FOR  THE  PURPOSE  OF SERVING RUNAWAY AND HOMELESS
 YOUTH THAT SERVES ANY YOUTH  UNDER  THE  AGE  OF  EIGHTEEN  OR  THAT  IS
 CONTAINED  IN  A  MUNICIPALITY'S  APPROVED  COMPREHENSIVE  PLAN, MUST BE
 CERTIFIED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  AND  MUST  BE
 OPERATED  BY AN AUTHORIZED AGENCY AS SUCH TERM IS DEFINED IN SUBDIVISION
 TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   § 7. Paragraph (iii) of subdivision (b) of section 724 of  the  family
 court  act,  as amended by section 4 of part E of chapter 57 of the laws
 of 2005, is amended to read as follows:
   (iii) take a youth in need of crisis intervention or respite  services
 to [an approved] A runaway AND HOMELESS YOUTH CRISIS SERVICES program or
 other approved respite or crisis program; or
   §  8.  Subdivision  2  of section 447-a of the social services law, as
 added by chapter 569 of the laws of 2008, is amended to read as follows:
   2. The term "short-term safe house" means a residential facility oper-
 ated by an authorized agency as defined in subdivision  ten  of  section
 three hundred seventy-one of this article including a residential facil-
 ity  operating  as  part  of  [an approved] A runaway AND HOMELESS YOUTH
 CRISIS SERVICES program as defined in subdivision four of  section  five
 hundred  thirty-two-a  of  the  executive law or a not-for-profit agency
 with experience in providing services to sexually  exploited  youth  and
 approved  in  accordance  with the regulations of the office of children
 and family services that provides emergency shelter, services  and  care
 to  sexually  exploited  children  including  food,  shelter,  clothing,
 medical care, counseling and appropriate crisis intervention services at
 the time they are taken into custody by  law  enforcement  and  for  the
 duration of any legal proceeding or proceedings in which they are either
 the  complaining witness or the subject child. The short-term safe house
 shall also be available at the point in time that a child under the  age
 of  eighteen has first come into the custody of juvenile detention offi-
 cials, law enforcement, local jails or the local commissioner of  social
 services  or  is  residing  with  the  local  runaway and homeless youth
 authority.
   § 9. This act shall take effect January  1,  2018;  provided  however,
 that:
   (a)  the  office  of  children  and  family  services is authorized to
 promulgate regulations regarding any of the provisions of this act on or
 before the effective date of such act.   Provided, however,  the  office
 shall  promulgate  regulations  specifying that services authorized in a
 municipality's consolidated services plan in accordance with  items  (A)
 and  (B)  of clause (iii) of subparagraph 3 of paragraph (a) of subdivi-
 sion 2 of section 420 of the executive law as amended by section one  of
 this act may be provided by a program but are not required;

 A. 3006--B                         205
 
   (b)  the  amendments  to  article  19-H  of  the executive law made by
 section six of this act that require that  certain  residential  runaway
 and  homeless youth programs be operated by authorized agencies shall be
 deemed to apply to such programs that are certified  by  the  office  of
 children and family services on or after the effective date of this act;
   (c) the amendments to:
   (i)  paragraph a of subdivision 2 of section 420 of the executive law,
 made by section one of this act, shall not  affect  the  expiration  and
 reversion of such subdivision pursuant to section 9 of part G of chapter
 57  of  the  laws of 2013 and shall expire and be deemed repealed there-
 with; and
   (ii) subdivisions 4 and 6 of section 532-a of the executive law,  made
 by  section  two of this act, shall not affect the expiration and rever-
 sion of such subdivisions pursuant to section 9 of part G of chapter  57
 of the laws of 2013 and shall expire and be deemed repealed therewith;
   (iii)  subdivision  2  of  section  532-b of the executive law made by
 section three of this act, shall not affect the expiration and reversion
 of such subdivision pursuant to section 9 of part G of chapter 57 of the
 laws of 2013 and shall expire and be deemed repealed therewith.
 
                                  PART N
 
   Section 1. The public health law is amended by adding  a  new  article
 29-I to read as follows:
 
                               ARTICLE 29-I
                   MEDICAL SERVICES FOR FOSTER CHILDREN
 SECTION 2999-GG. VOLUNTARY FOSTER CARE AGENCY HEALTH FACILITIES.
   §  2999-GG.  VOLUNTARY  FOSTER  CARE AGENCY HEALTH FACILITIES. 1.   IN
 ORDER FOR AN AUTHORIZED AGENCY THAT IS APPROVED BY THE OFFICE  OF  CHIL-
 DREN  AND  FAMILY  SERVICES TO CARE FOR OR BOARD OUT CHILDREN TO PROVIDE
 LIMITED HEALTH-RELATED SERVICES AS DEFINED IN REGULATIONS OF THE DEPART-
 MENT EITHER DIRECTLY OR THROUGH A CONTRACT ARRANGEMENT, SUCH AGENCY MUST
 OBTAIN, IN ACCORDANCE WITH A SCHEDULE DEVELOPED  BY  THE  DEPARTMENT  IN
 CONJUNCTION  WITH  THE OFFICE OF CHILDREN AND FAMILY SERVICES, A LICENSE
 ISSUED BY THE COMMISSIONER IN CONJUNCTION WITH THE  OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  TO  PROVIDE  SUCH  SERVICES.  SUCH SCHEDULE SHALL
 REQUIRE THAT ALL SUCH AUTHORIZED AGENCIES OPERATING  ON  JANUARY  FIRST,
 TWO  THOUSAND  NINETEEN  OBTAIN  THE LICENSE REQUIRED BY THIS SECTION NO
 LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN. SUCH LICENSES SHALL  BE
 ISSUED  IN  ACCORDANCE  WITH THE STANDARDS SET FORTH IN THIS ARTICLE AND
 THE REGULATIONS OF THE DEPARTMENT.  PROVIDED  HOWEVER,  THAT  A  LICENSE
 PURSUANT TO THIS SECTION SHALL NOT BE REQUIRED IF SUCH AUTHORIZED AGENCY
 IS OTHERWISE AUTHORIZED TO PROVIDE LIMITED-HEALTH-RELATED SERVICES UNDER
 A  LICENSE  ISSUED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR
 ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW. FOR THE PURPOSES  OF  THIS
 SECTION,  THE  TERM  AUTHORIZED  AGENCY SHALL BE AN AUTHORIZED AGENCY AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN  OF  SECTION  THREE  HUNDRED
 SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   2.  SUCH  LICENSE SHALL NOT BE ISSUED UNLESS IT IS DETERMINED THAT THE
 EQUIPMENT, PERSONNEL, RULES, STANDARDS OF CARE AND SERVICES ARE FIT  AND
 ADEQUATE,  AND  THAT THE HEALTH-RELATED SERVICES WILL BE PROVIDED IN THE
 MANNER REQUIRED BY THIS ARTICLE AND THE  RULES  AND  REGULATIONS  THERE-
 UNDER.

 A. 3006--B                         206
 
   3. THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES  SHALL  ENTER  INTO  A  MEMORANDUM OF AGREEMENT FOR THE
 PURPOSES OF ADMINISTERING THE REQUIREMENTS OF THIS SECTION.
   4.  PROCEEDINGS  INVOLVING THE ISSUANCE OF LICENSES FOR HEALTH-RELATED
 SERVICES TO AUTHORIZED AGENCIES:
   (A) A LICENSE FOR HEALTH-RELATED SERVICES UNDER THIS  ARTICLE  MAY  BE
 REVOKED,  SUSPENDED, LIMITED, ANNULLED OR DENIED BY THE COMMISSIONER, IN
 CONSULTATION WITH THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  IF  AN
 AUTHORIZED  AGENCY  IS  DETERMINED  TO  HAVE  FAILED  TO COMPLY WITH THE
 PROVISIONS OF THIS ARTICLE OR  THE  RULES  AND  REGULATIONS  PROMULGATED
 THEREUNDER.
   (B)  NO SUCH LICENSE SHALL BE REVOKED, SUSPENDED, LIMITED, ANNULLED OR
 DENIED WITHOUT A  HEARING.    HOWEVER,  A  LICENSE  MAY  BE  TEMPORARILY
 SUSPENDED  OR  LIMITED  WITHOUT  A HEARING FOR A PERIOD NOT IN EXCESS OF
 THIRTY DAYS UPON WRITTEN NOTICE THAT THE CONTINUATION OF  HEALTH-RELATED
 SERVICES  PLACES  THE PUBLIC HEALTH OR SAFETY OF THE RECIPIENTS IN IMMI-
 NENT DANGER.
   (C) THE COMMISSIONER SHALL FIX A TIME AND PLACE  FOR  THE  HEARING.  A
 COPY  OF  THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND PLACE OF
 THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
 FIED MAIL TO THE AUTHORIZED AGENCY AT LEAST TWENTY-ONE DAYS  BEFORE  THE
 DATE  FIXED  FOR  THE HEARING. THE AUTHORIZED AGENCY SHALL FILE WITH THE
 DEPARTMENT NOT LESS THEN EIGHT DAYS PRIOR  TO  THE  HEARING,  A  WRITTEN
 ANSWER TO THE CHARGES.
   (D)  ALL ORDERS OR DETERMINATIONS HEREUNDER SHALL BE SUBJECT TO REVIEW
 AS PROVIDED IN ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES.  APPLICATION FOR SUCH REVIEW MUST BE MADE WITHIN SIXTY DAYS AFTER
 SERVICE IN PERSON OR BY REGISTERED OR CERTIFIED MAIL OF A  COPY  OF  THE
 ORDER OR DETERMINATION UPON THE APPLICANT OR AGENCY.
   §  2.  This act shall take effect immediately, provided, however, that
 the department of health, in consultation with the  office  of  children
 and  family  services,  shall  issue  any  regulations necessary for the
 implementation of this act.
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
   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 O of chapter 54 of the  laws  of  2016,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least $141.00 for each month beginning on or  after  January
 first, two thousand [sixteen] SEVENTEEN.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least $163.00 for each month beginning  on  or  after
 January first, two thousand [sixteen] SEVENTEEN.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$193.00]  $194.00  for  each  month
 beginning on or after January first, two thousand [sixteen] SEVENTEEN.
   (d)  for the period commencing January first, two thousand [seventeen]
 EIGHTEEN, the monthly personal needs allowance shall be an amount  equal

 A. 3006--B                         207
 
 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 [seventeen] EIGHTEEN, but prior to June thirtieth, two thousand
 [seventeen] EIGHTEEN, rounded to the nearest whole dollar.
   § 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
 O of chapter 54 of the laws of 2016, are amended to read as follows:
   (a) On and after January first, two thousand [sixteen] SEVENTEEN,  for
 an  eligible  individual  living  alone,  [$820.00]  $822.00; and for an
 eligible couple living alone, [$1204.00] $1,207.00.
   (b) On and after January first, two thousand [sixteen] SEVENTEEN,  for
 an  eligible  individual  living  with  others  with  or without in-kind
 income, [$756.00] $758.00; and for an eligible couple living with others
 with or without in-kind income, [$1146.00] $1,149.00.
   (c) On and after January first, two thousand [sixteen] SEVENTEEN,  (i)
 for an eligible individual receiving family care, [$999.48] $1,001.48 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,  [$961.48]
 $963.48;  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 [sixteen] SEVENTEEN, (i)
 for  an  eligible  individual  receiving  residential  care,  [$1168.00]
 $1,170.00 if he or she is receiving such care in the city of New York or
 the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
 eligible couple receiving residential care in the city of  New  York  or
 the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
 amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
 eligible  individual  receiving  such  care  in  any other county in the
 state, [$1138.00] $1,140.00; 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 [sixteen]  SEVENTEEN,
 for   an   eligible  individual  receiving  enhanced  residential  care,
 [$1427.00] $1,429.00; 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 [seventeen] EIGHTEEN
 but prior to June thirtieth, two thousand [seventeen] EIGHTEEN.
   § 3. This act shall take effect December 31, 2017.
 
                                  PART Q

 A. 3006--B                         208
 
   Section 1. Section 412 of the social services law is amended by adding
 a new subdivision 9 to read as follows:
   9.  A  "PUBLICLY-FUNDED  EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN"
 MEANS ANY FACILITY WITH OVERNIGHT SLEEPING ACCOMMODATIONS  AND  THAT  IS
 USED TO HOUSE RECIPIENTS OF TEMPORARY HOUSING ASSISTANCE AND WHICH HOUS-
 ES OR MAY HOUSE CHILDREN AND FAMILIES WITH CHILDREN.
   §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as separately amended by chapters 126 and 205 of the  laws
 of 2014, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed behavior analyst; certified behavior analyst assistant;  hospi-
 tal  personnel  engaged in the admission, examination, care or treatment
 of persons; a Christian Science  practitioner;  school  official,  which
 includes  but  is not limited to school teacher, school guidance counse-
 lor, school psychologist, school social  worker,  school  nurse,  school
 administrator  or  other school personnel required to hold a teaching or
 administrative license or certificate;  full  or  part-time  compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; EMPLOYEE OF A PUBL-
 ICLY-FUNDED  EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN; director of a
 children's overnight camp, summer day camp or traveling summer day camp,
 as such camps are defined in section thirteen hundred ninety-two of  the
 public health law; day care center worker; school-age child care worker;
 provider  of family or group family day care; employee or volunteer in a
 residential care facility for children that is  licensed,  certified  or
 operated  by  the  office  of children and family services; or any other
 child care or foster care worker; mental health professional;  substance
 abuse  counselor;  alcoholism counselor; all persons credentialed by the
 office of alcoholism and substance abuse services; peace officer; police
 officer; district attorney or assistant district attorney;  investigator
 employed  in the office of a district attorney; or other law enforcement
 official.
   § 3. Subdivision 3 of section 424-a of the  social  services  law,  as
 amended  by  section  8 of part D of chapter 501 of the laws of 2012, is
 amended to read as follows:
   3. For purposes of this section,  the  term  "provider"  or  "provider
 agency"  shall mean: an authorized agency[,]; the office of children and
 family services[,]; juvenile detention facilities subject to the certif-
 ication of  [such]  THE  office[,]  OF  CHILDREN  AND  FAMILY  SERVICES;
 programs  established  pursuant  to  article nineteen-H of the executive
 law[,]; non-residential or residential programs or  facilities  licensed
 or operated by the office of mental health or the office for people with

 A. 3006--B                         209
 
 developmental  disabilities  except family care homes[,]; licensed child
 day care centers, including head start programs which are funded  pursu-
 ant  to  title  V  of  the  federal economic opportunity act of nineteen
 hundred  sixty-four,  as  amended[,];  early intervention service estab-
 lished pursuant to section  twenty-five  hundred  forty  of  the  public
 health  law[,];  preschool  services  established  pursuant  to  section
 forty-four hundred ten of the education law[,];  school-age  child  care
 programs[,];  special act school districts as enumerated in chapter five
 hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
 amended[,]; programs and facilities licensed by the office of alcoholism
 and substance abuse services[,]; residential schools which are operated,
 supervised  or  approved by the education department[,]; PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH CHILDREN,  PROVIDED,  HOWEVER,  FOR
 PURPOSES  OF  THIS  SECTION,  WHEN  THE PROVIDER OR PROVIDER AGENCY IS A
 PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN,  THEN  ALL
 REFERENCES IN THIS SECTION TO THE "POTENTIAL FOR REGULAR AND SUBSTANTIAL
 CONTACT WITH INDIVIDUALS WHO ARE CARED FOR BY THE AGENCY" SHALL MEAN THE
 POTENTIAL  FOR  REGULAR  AND  SUBSTANTIAL  CONTACT WITH CHILDREN WHO ARE
 SERVED BY SUCH SHELTER; and any other facility or  provider  agency,  as
 defined in subdivision four of section four hundred eighty-eight of this
 chapter,  in  regard  to the employment of staff, or use of providers of
 goods and services and staff of such providers, consultants, interns and
 volunteers.
   § 4. The social services law is amended by adding a new section  460-h
 to read as follows:
   § 460-H. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
 EMPLOYEES,  CONSULTANTS,  ASSISTANTS  AND  VOLUNTEERS OF PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH  CHILDREN.  1.  EVERY  PROVIDER  OF
 SERVICES  TO  PUBLICLY-FUNDED EMERGENCY SHELTERS FOR FAMILIES WITH CHIL-
 DREN, AS SUCH PHRASE IS DEFINED IN  SUBDIVISION  NINE  OF  SECTION  FOUR
 HUNDRED TWELVE OF THIS CHAPTER, SHALL REQUEST FROM THE DIVISION OF CRIM-
 INAL  JUSTICE  SERVICES  CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE,
 CONSULTANT,  ASSISTANT  OR  VOLUNTEER OF SUCH PROVIDER WHO WILL HAVE THE
 POTENTIAL FOR REGULAR AND SUBSTANTIAL  CONTACT  WITH  CHILDREN  WHO  ARE
 SERVED  BY THE PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHIL-
 DREN.
   (A) PRIOR TO REQUESTING CRIMINAL HISTORY  INFORMATION  CONCERNING  ANY
 PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR VOLUNTEER, A PROVIDER
 SHALL:
   (1) INFORM THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT  OR  VOLUN-
 TEER  IN  WRITING  THAT  THE  PROVIDER IS REQUIRED TO REQUEST HIS OR HER
 CRIMINAL HISTORY INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION; AND
   (2)  OBTAIN  THE  SIGNED INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE,
 CONSULTANT, ASSISTANT OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES WHICH INDICATES THAT SUCH PERSON HAS:
   (I) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
 REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
   (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
 NAL HISTORY INFORMATION;
   (III) CONSENTED TO SUCH REQUEST; AND
   (IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS.
   (B)  UPON  RECEIVING SUCH WRITTEN CONSENT, THE PROVIDER SHALL OBTAIN A
 SET OF FINGERPRINTS OF SUCH PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT,

 A. 3006--B                         210
 
 OR VOLUNTEER AND PROVIDE SUCH FINGERPRINTS TO THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES PURSUANT TO REGULATIONS ESTABLISHED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   2.  A  PROVIDER  SHALL  DESIGNATE ONE OR TWO PERSONS IN ITS EMPLOY WHO
 SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW THE CRIMINAL  HISTORY
 INFORMATION,  AND  ONLY  SUCH  PERSONS  AND  THE  PROSPECTIVE  EMPLOYEE,
 CONSULTANT, ASSISTANT OR VOLUNTEER TO WHICH THE CRIMINAL HISTORY  INFOR-
 MATION RELATES SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED, HOWEVER,
 THE  CRIMINAL  HISTORY  INFORMATION  MAY BE DISCLOSED TO OTHER PERSONNEL
 AUTHORIZED BY THE PROVIDER WHO ARE EMPOWERED TO MAKE DECISIONS  CONCERN-
 ING  PROSPECTIVE  EMPLOYEES,  CONSULTANTS,  ASSISTANTS OR VOLUNTEERS AND
 PROVIDED FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO  THE
 CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. A
 PROVIDER  SHALL NOTIFY EACH PERSON AUTHORIZED TO HAVE ACCESS TO CRIMINAL
 HISTORY INFORMATION PURSUANT TO THIS SECTION.
   3. A PROVIDER REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO THIS
 SECTION SHALL ALSO COMPLETE A FORM DEVELOPED FOR  SUCH  PURPOSE  BY  THE
 DIVISION  OF  CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE A SWORN
 STATEMENT OF THE PERSON DESIGNATED BY SUCH PROVIDER TO REQUEST,  RECEIVE
 AND  REVIEW  CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION CERTIFYING THAT:
   (A) SUCH CRIMINAL HISTORY INFORMATION WILL BE  USED  BY  THE  PROVIDER
 SOLELY FOR PURPOSES AUTHORIZED BY THIS SECTION;
   (B)  THE  PROVIDER  AND  ITS  STAFF ARE AWARE OF AND WILL ABIDE BY THE
 CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF  THIS  SECTION;
 AND
   (C) THE PERSONS DESIGNATED BY THE PROVIDER TO RECEIVE CRIMINAL HISTORY
 INFORMATION  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS SECTION SHALL UPON
 RECEIPT IMMEDIATELY MARK SUCH CRIMINAL  HISTORY  INFORMATION  "CONFIDEN-
 TIAL," AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMATION
 IN A SECURE PLACE.
   4.  UPON  RECEIPT  OF THE FINGERPRINTS AND SWORN STATEMENT REQUIRED BY
 THIS SECTION, THE PROVIDER SHALL PROMPTLY SUBMIT THE FINGERPRINTS TO THE
 DIVISION OF CRIMINAL JUSTICE SERVICES.
   5. THE DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  PROMPTLY  PROVIDE
 THE REQUESTED CRIMINAL HISTORY INFORMATION, IF ANY, TO THE PROVIDER THAT
 TRANSMITTED   THE  FINGERPRINTS  TO  IT.  CRIMINAL  HISTORY  INFORMATION
 PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO  THIS
 SECTION  SHALL  BE  FURNISHED ONLY BY MAIL OR OTHER METHOD OF SECURE AND
 CONFIDENTIAL DELIVERY, ADDRESSED TO THE REQUESTING PROVIDER. SUCH INFOR-
 MATION AND THE ENVELOPE IN WHICH IT IS  ENCLOSED  SHALL  BE  PROMINENTLY
 MARKED  "CONFIDENTIAL,"  AND  SHALL  AT  ALL  TIMES BE MAINTAINED BY THE
 PROVIDER IN A SECURE PLACE.
   6. UPON RECEIPT OF CRIMINAL HISTORY INFORMATION FROM THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES, THE PROVIDER MAY REQUEST, AND IS ENTITLED TO
 RECEIVE, INFORMATION PERTAINING TO ANY CRIME IDENTIFIED ON SUCH CRIMINAL
 HISTORY INFORMATION FROM ANY STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCY,
 DISTRICT  ATTORNEY,  PAROLE  OFFICER, PROBATION OFFICER OR COURT FOR THE
 PURPOSES OF DETERMINING WHETHER ANY GROUNDS RELATING TO SUCH CRIME EXIST
 FOR DENYING ANY APPLICATION, RENEWAL, OR EMPLOYMENT.
   7. AFTER RECEIVING CRIMINAL HISTORY INFORMATION PURSUANT  TO  SUBDIVI-
 SIONS  FIVE  AND  SIX OF THIS SECTION AND BEFORE MAKING A DETERMINATION,
 THE PROVIDER SHALL PROVIDE THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSIST-
 ANT OR VOLUNTEER WITH A COPY OF SUCH CRIMINAL HISTORY INFORMATION AND  A
 COPY  OF  ARTICLE  TWENTY-THREE-A  OF THE CORRECTION LAW AND INFORM SUCH
 PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT AND VOLUNTEER OF HIS OR  HER

 A. 3006--B                         211

 RIGHT  TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH
 CRIMINAL HISTORY  INFORMATION  PROVIDED  BY  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES PURSUANT TO THE REGULATIONS AND PROCEDURES ESTABLISHED
 BY  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AND THE RIGHT OF THE
 PROSPECTIVE EMPLOYEE, CONSULTANT,  ASSISTANT  OR  VOLUNTEER  TO  PROVIDE
 INFORMATION RELEVANT TO SUCH ANALYSIS.
   8. CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO SUBDIVISIONS FIVE
 AND  SIX  OF THIS SECTION SHALL BE CONSIDERED BY THE PROVIDER IN ACCORD-
 ANCE WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
 AND SUBDIVISIONS FIFTEEN AND SIXTEEN OF SECTION TWO  HUNDRED  NINETY-SIX
 OF THE EXECUTIVE LAW.
   9.  A  PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT OR VOLUNTEER MAY
 WITHDRAW FROM THE APPLICATION PROCESS, WITHOUT PREJUDICE,  AT  ANY  TIME
 REGARDLESS  OF  WHETHER  HE OR SHE, OR THE PROVIDER, HAS REVIEWED HIS OR
 HER CRIMINAL HISTORY INFORMATION. WHERE A PROSPECTIVE EMPLOYEE, CONSULT-
 ANT, ASSISTANT OR VOLUNTEER WITHDRAWS FROM THE APPLICATION PROCESS,  ANY
 FINGERPRINTS  AND  CRIMINAL HISTORY INFORMATION CONCERNING SUCH PROSPEC-
 TIVE EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER  RECEIVED  BY  THE
 PROVIDER  SHALL,  WITHIN  NINETY  DAYS,  BE RETURNED TO SUCH PROSPECTIVE
 EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUNTEER BY  THE  PERSON  DESIGNATED
 FOR  RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION.
   10. ANY PERSON WHO WILLFULLY PERMITS THE RELEASE OF  ANY  CONFIDENTIAL
 CRIMINAL  HISTORY  INFORMATION  CONTAINED  IN  THE REPORT TO PERSONS NOT
 PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF
 A MISDEMEANOR.
   11. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES,  IN
 CONSULTATION  WITH  THE  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE,
 SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY  TO  IMPLEMENT  THE
 PROVISIONS  OF  THIS  SECTION, WHICH SHALL INCLUDE CONVENIENT PROCEDURES
 FOR THE PROVIDER TO PROMPTLY VERIFY THE ACCURACY OF THE REVIEWED  CRIMI-
 NAL  HISTORY  INFORMATION  AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE
 ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
   § 5. Severability. If any clause, sentence, paragraph, subdivision, or
 section contained in this act shall be adjudged by any court  of  compe-
 tent  jurisdiction  to  be  invalid,  such  judgement  shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to  the  clause,  sentence,  paragraph,  subdivision, or
 section 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
 provision had not been included herein.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided however that: the commissioner of the office
 of children and family services, in  consultation  with  the  office  of
 temporary  and  disability  assistance,  shall  promulgate all rules and
 regulations necessary to implement the provisions of section two of this
 act; the commissioner of the office of temporary and disability  assist-
 ance,  in  consultation with the office of children and family services,
 shall promulgate all rules and regulations necessary  to  implement  the
 provisions  of  sections one and three of this act; and the commissioner
 of the division of criminal justice services, in consultation  with  the
 office  of  temporary  and  disability  assistance, shall promulgate all
 rules and regulations necessary to implement the provisions  of  section
 four  of  this  act;  and  provided further, the aforementioned rules or
 regulations may be promulgated on an emergency basis.

 A. 3006--B                         212

                                  PART R
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for purposes  of  the  rural  rental
 assistance  program, a sum not to exceed twenty-two million nine hundred
 sixty thousand dollars for  the  fiscal  year  ending  March  31,  2018.
 Notwithstanding  any other provision of law, and subject to the approval
 of the New York state director of the budget, the board of directors  of
 the  state  of  New York mortgage agency shall authorize the transfer to
 the housing trust fund corporation, for the purposes of reimbursing  any
 costs  associated with rural rental assistance program contracts author-
 ized by this section, a total sum not to exceed twenty-two million  nine
 hundred  sixty  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 2016-2017 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, 2017.
   § 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-one  million
 dollars  for  the fiscal year ending March 31, 2018. Notwithstanding any
 other provision of law, and subject to the  approval  of  the  New  York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the housing finance
 agency,  for the purposes of reimbursing any costs associated with Mitc-
 hell Lama housing projects authorized by this section, a total  sum  not
 to  exceed  forty-one million dollars, such transfer to be made from (i)
 the special account of the mortgage insurance fund created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2016-2017 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, 2018.
   § 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 eleven million two hundred seventy-
 nine thousand dollars for the fiscal year ending March 31, 2018.  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

 A. 3006--B                         213
 
 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 eleven million two
 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 2016-2017 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, 2017.
   § 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  four  million  seven  hundred  thirty-nine
 thousand dollars for the fiscal year ending March 31, 2018.  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 four million seven hundred thirty-nine  thousand
 dollars,  such  transfer  to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the special account of the mortgage insurance fund,  as  determined  and
 certified  by  the state of New York mortgage agency for the fiscal year
 2016-2017 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,
 2017.
   § 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  twenty-seven  million
 three  hundred  thousand  dollars  for  the fiscal year ending March 31,
 2018.  Notwithstanding any other provision of law, and  subject  to  the
 approval  of  the  New  York  state director of the budget, the board of

 A. 3006--B                         214
 
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing any costs associated with rural and urban community  invest-
 ment  fund program contracts authorized by this section, a total sum not
 to exceed twenty-seven million  three  hundred  thousand  dollars,  such
 transfer  to be made from (i) the special account of the mortgage insur-
 ance fund created pursuant to section 2429-b of the  public  authorities
 law, in an amount not to exceed the actual excess balance in the special
 account  of  the mortgage insurance fund, as determined and certified by
 the state of New York mortgage agency for the fiscal year  2016-2017  in
 accordance  with  section  2429-b of the public authorities law, if any,
 and/or (ii) provided that the reserves in  the  project  pool  insurance
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the credit rating (as determined by the state of New York mortgage
 agency) required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage insurance fund, such transfer  to
 be made as soon as practicable but no later than March 31, 2018.
   §  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
 twenty-one  million  dollars  for the fiscal year ending March 31, 2018.
 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 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  twenty-one  million  dollars,  such
 transfer  to be made from (i) the special account of the mortgage insur-
 ance fund created pursuant to section 2429-b of the  public  authorities
 law, in an amount not to exceed the actual excess balance in the special
 account  of  the mortgage insurance fund, as determined and certified by
 the state of New York mortgage agency for the fiscal year  2016-2017  in
 accordance  with  section  2429-b of the public authorities law, if any,
 and/or (ii) provided that the reserves in  the  project  pool  insurance
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the credit rating (as determined by the state of New York mortgage
 agency) required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage insurance fund, such transfer  to
 be made as soon as practicable but no later than March 31, 2018.
   §  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 two million dollars for the fiscal year ending  March  31,
 2018.  Notwithstanding  any  other  provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing any costs associated with homes for working families program
 contracts  authorized  by  this  section,  a total sum not to exceed two
 million dollars, such transfer to be made from (i) the  special  account

 A. 3006--B                         215
 
 of the mortgage insurance fund created pursuant to section 2429-b of the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined  and  certified  by  the state of New York mortgage agency for the
 fiscal year 2016-2017 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, 2018.
   § 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 six million five hundred twenty-
 two thousand dollars for the fiscal year  ending  March  31,  2018.  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
 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
 homeless  housing  and assistance corporation, a total sum not to exceed
 six million five hundred twenty-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 insurance fund, as determined and certified by the state of
 New  York  mortgage  agency  for the fiscal year 2016-2017 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, 2018.
   §  9.  Notwithstanding any other provision of law to the contrary, the
 state office for the  aging  may  provide,  for  costs  associated  with
 naturally  occurring  retirement  communities,  a  sum not to exceed one
 million dollars for the fiscal year ending March  31,  2018.    Notwith-
 standing  any other provision of law to the contrary, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the state office for the aging, for the  purposes  of  reim-
 bursing  any costs associated with naturally occurring retirement commu-
 nities authorized by this section, a total sum not to exceed one million
 dollars, such transfer to be made from (i) the special  account  of  the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the  special  account  of the mortgage insurance fund, as determined and
 certified by the state of New York mortgage agency for the  fiscal  year

 A. 3006--B                         216
 
 2016-2017  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,
 2018.
   § 10. Notwithstanding any other provision of law to the contrary,  the
 state office for the aging may provide, for costs associated with neigh-
 borhood  naturally occurring retirement communities, a sum not to exceed
 one million dollars for the fiscal year ending March 31, 2018.  Notwith-
 standing  any other provision of law to the contrary, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the state office for the aging, for the  purposes  of  reim-
 bursing  any  costs  associated  with  neighborhood  naturally occurring
 retirement communities authorized by this section, a total  sum  not  to
 exceed  one  million  dollars,  such  transfer  to  be made from (i) the
 special account of the  mortgage  insurance  fund  created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2016-2017 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, 2018.
   § 11. Notwithstanding any other provision of law to the contrary,  the
 New  York City Housing Authority may provide, for the purposes of carry-
 ing out the resident watch program, a sum not to exceed one million  two
 hundred  thousand  dollars  for  the  fiscal year ending March 31, 2018.
 Notwithstanding any other provision of law to the contrary, and  subject
 to  the approval of the New York state director of the budget, the board
 of directors of the state of New York mortgage  agency  shall  authorize
 the transfer to the New York City Housing Authority, for the purposes of
 carrying  out  the  resident watch program authorized by this section, a
 total sum not to exceed one million two hundred thousand  dollars,  such
 transfer  to be made from (i) the special account of the mortgage insur-
 ance fund created pursuant to section 2429-b of the  public  authorities
 law, in an amount not to exceed the actual excess balance in the special
 account  of  the mortgage insurance fund, as determined and certified by
 the state of New York mortgage agency for the fiscal year  2016-2017  in
 accordance  with  section  2429-b of the public authorities law, if any,
 and/or (ii) provided that the reserves in  the  project  pool  insurance
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the credit rating (as determined by the state of New York mortgage
 agency) required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage insurance fund, such transfer  to
 be made as soon as practicable but no later than June 30, 2018.

 A. 3006--B                         217
 
   §  12.  Notwithstanding  any other provision of law, the department of
 law may  provide,  for  costs  associated  with  foreclosure  prevention
 services,  a  sum  not to exceed ten million dollars for the fiscal year
 ending March 31, 2018. Notwithstanding any other provision of  law,  the
 board  of  directors  of  the  state  of  New York mortgage agency shall
 authorize the transfer to the department of  law  for  costs  associated
 with foreclosure prevention services authorized by this section, a total
 sum not to exceed ten million dollars, such transfer to be made from (i)
 the  special  account of the mortgage insurance fund created pursuant to
 section 2429-b of the public authorities law, in an amount not to exceed
 the actual excess balance in the special account of the mortgage  insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2016-2017 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, 2018.
   § 13. This act shall take effect immediately.
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
   Section  1. Section 170.15 of the criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRARY,  IN
 ANY  COUNTY  OUTSIDE  A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
 UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON AN INFORMATION, A SIMPLIFIED
 INFORMATION, A PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT PEND-
 ING IN A LOCAL CRIMINAL COURT,  SUCH  COURT  MAY,  UPON  MOTION  OF  THE
 DEFENDANT  AND  AFTER  GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE
 HEARD, ORDER THAT THE ACTION BE REMOVED FROM  THE  COURT  IN  WHICH  THE
 MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY, OR
 WITH  CONSENT  OF THE DISTRICT ATTORNEY TO ANOTHER COURT IN AN ADJOINING
 COUNTY, THAT HAS BEEN DESIGNATED AS A VETERANS COURT BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS, AND SUCH VETERANS COURT MAY  THEN  CONDUCT  SUCH
 ACTION  TO  JUDGMENT OR OTHER FINAL DISPOSITION; PROVIDED, HOWEVER, THAT
 AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVISION SHALL NOT TAKE  EFFECT
 UNTIL FIVE DAYS AFTER THE DATE THE ORDER IS ISSUED UNLESS, PRIOR TO SUCH
 EFFECTIVE  DATE,  THE  VETERANS COURT NOTIFIES THE COURT THAT ISSUED THE
 ORDER THAT:
   (A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL  NOT
 TAKE EFFECT, OR
   (B)  IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE,
 IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
   UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH (A) OR (B)  OF  THIS
 SUBDIVISION,  THE  VETERANS  COURT  SHALL  PROMPTLY  GIVE  NOTICE TO THE
 DEFENDANT, HIS OR HER COUNSEL AND THE DISTRICT ATTORNEY.
   § 2. Section 180.20 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:

 A. 3006--B                         218
 
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRARY,  IN
 ANY  COUNTY  OUTSIDE  A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
 UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON A FELONY  COMPLAINT  PENDING
 IN  A LOCAL CRIMINAL COURT HAVING PRELIMINARY JURISDICTION THEREOF, SUCH
 COURT  MAY,  UPON  MOTION OF THE DEFENDANT AND AFTER GIVING THE DISTRICT
 ATTORNEY AN OPPORTUNITY TO BE HEARD, ORDER THAT THE  ACTION  BE  REMOVED
 FROM  THE COURT IN WHICH THE MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL
 COURT IN THE SAME COUNTY, OR WITH CONSENT OF THE  DISTRICT  ATTORNEY  TO
 ANOTHER  COURT  IN  AN  ADJOINING  COUNTY, THAT HAS BEEN DESIGNATED AS A
 VETERANS COURT BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND SUCH VETER-
 ANS COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR OTHER FINAL DISPO-
 SITION; PROVIDED, HOWEVER, THAT AN ORDER OF REMOVAL  ISSUED  UNDER  THIS
 SUBDIVISION  SHALL  NOT  TAKE  EFFECT UNTIL FIVE DAYS AFTER THE DATE THE
 ORDER IS ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE, THE VETERANS COURT
 NOTIFIES THE COURT THAT ISSUED THE ORDER THAT:
   (A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL  NOT
 TAKE EFFECT, OR
   (B)  IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE,
 IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
   UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH (A) OR (B)  OF  THIS
 SUBDIVISION,  THE  VETERANS  COURT  SHALL  PROMPTLY  GIVE  NOTICE TO THE
 DEFENDANT, HIS OR HER COUNSEL AND THE DISTRICT ATTORNEY.
   § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (u) to read as follows:
   (U)  TO  THE  EXTENT  PRACTICABLE,  ESTABLISH  SUCH NUMBER OF VETERANS
 COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF  SUBDIVISION  FIVE
 OF SECTION 170.15 AND SUBDIVISION FOUR OF SECTION 180.20 OF THE CRIMINAL
 PROCEDURE LAW.
   § 4. This act shall take effect immediately.
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
   Section  1. Subdivision 2 of section 410-x of the social services law,
 as amended by chapter 416 of the laws of 2000, is  amended  to  read  as
 follows:
   2.  (a)  A  social  services district may establish priorities for the
 families which will be eligible to receive funding;  provided  that  the
 priorities  provide that eligible families will receive equitable access
 to child care assistance funds to the extent that these funds are avail-
 able.
   (b) A social services district shall  set  forth  its  priorities  for
 child  care assistance in the district's consolidated services plan. The
 commissioner of the office of children and  family  services  shall  not
 approve  any  plan  that  does not provide for equitable access to child
 care assistance funds.
   (c) A social services  district  shall  be  authorized  to  set  aside
 portions  of  its  block  grant  allocation  to serve one or more of its
 priority groups and/or to discontinue funding  to  families  with  lower
 priorities  in  order to serve families with higher priorities; provided
 that the method of disbursement to priority groups provides that  eligi-
 ble  families  within  a priority group will receive equitable access to

 A. 3006--B                         219
 
 child care assistance funds to the extent that these  funds  are  avail-
 able.
   (d)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT  HAVE  SUFFI-
 CIENT  FUNDING  TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED
 PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH  WORK
 EXEMPTION  PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
 HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ANY PARENT OR OTHER  RELATIVE  IN
 RECEIPT  OF  PUBLIC  ASSISTANCE  WHO  IS PERSONALLY PROVIDING CARE FOR A
 CHILD UNDER ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT  OR  OTHER
 RELATIVE  HAS  PREVIOUSLY  BEEN  OFFERED AN EXEMPTION UNDER SUCH SECTION
 THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT  APPLY  TO  INDIVIDUALS
 WHO:
   (I)  SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME;
 OR
   (II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE  PORTION
 OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME.
   (E)  IN  THE  EVENT  THAT  A SOCIAL SERVICES DISTRICT MUST DISCONTINUE
 FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF  CHILDREN  AND
 FAMILY  SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC-
 ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED,  THE  SOCIAL
 SERVICES  DISTRICT  SHALL  NOTIFY  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES WITHIN TEN DAYS OF SUCH RESTORATION.
   (F) Each social services district shall  collect  and  submit  to  the
 commissioner  of  the office of children and family services in a manner
 to be specified by the commissioner of the office of children and family
 services information concerning the disbursement of child  care  assist-
 ance funds showing geographic distribution of children receiving assist-
 ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER-
 WISE  ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE
 DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL  ELIGIBLE  FAMILIES  AND
 THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT.
   [(e)]  (G)  The  commissioner  of  the  office  of children and family
 services shall submit a report to the governor, temporary  president  of
 the  senate  and the speaker of the assembly on or before August thirty-
 first[, two thousand one] OF EVERY YEAR concerning the implementation of
 this section. This  report  shall  include  information  concerning  the
 disbursement  of child care assistance funds showing geographic distrib-
 ution of children  receiving  assistance  within  the  state.  BEGINNING
 AUGUST THIRTY-FIRST, ONE YEAR AFTER THE CHAPTER OF THE LAWS OF TWO THOU-
 SAND SEVENTEEN THAT AMENDED THIS SUBDIVISION SHALL TAKE EFFECT, AND EACH
 SUBSEQUENT REPORT THEREAFTER, SUCH REPORT SHALL ALSO:
   (I)  IDENTIFY  THE COUNTIES THAT HAVE DISCONTINUED OR RESTORED FUNDING
 TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION;
   (II) LIST THE PRIORITY GROUPS AFFECTED;
   (III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY
 THIS REPORT THE NUMBER OF WORKING FAMILIES WHO WERE  OTHERWISE  ELIGIBLE
 FOR  CHILD  CARE  ASSISTANCE  BUT  WHO  WERE DENIED BECAUSE THE DISTRICT
 LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND
   (IV) THE NUMBER AND AGE OF CHILDREN WHO  COULD  NOT  BE  SERVED  AS  A
 RESULT.
   § 2. This act shall take effect April 1, 2017.
 
                                  PART W

 A. 3006--B                         220
 
   Section  1. Subdivision 1 of section 336-a of the social services law,
 as amended by section 4 of part J of chapter 58 of the laws of 2014,  is
 amended to read as follows:
   1.  Social  services  districts shall make available vocational educa-
 tional training and educational activities.  Such activities [may] SHALL
 include but need not be limited to, high school education  or  education
 designed  to prepare a participant for a high school equivalency certif-
 icate, basic and remedial education, education  in  English  proficiency
 and  no  more than a total of four years of post-secondary education (or
 the part-time  equivalent).  Educational  activities  pursuant  to  this
 section  may  be  offered with any of the following providers which meet
 the performance or assessment standards established  in  regulations  by
 the commissioner for such providers: a community college, licensed trade
 school,  registered business school, or a two-year or four-year college;
 provided, however, that such post-secondary education must be  necessary
 to the attainment of the participant's individual employment goal as set
 forth  in  the  employability plan and such goal must relate directly to
 obtaining useful employment in a recognized occupation. When making  any
 assignment  to  any  educational  activity pursuant to this subdivision,
 such assignment shall be permitted only to the extent that such  assign-
 ment  is consistent with the individual's assessment and employment plan
 goals in accordance with sections three hundred  thirty-five  and  three
 hundred  thirty-five-a of this title and shall require that the individ-
 ual maintains satisfactory academic progress and hourly participation is
 documented consistent with federal and state requirements. For  purposes
 of  this  provision "satisfactory academic progress" shall mean having a
 cumulative C average, or its equivalent, as determined by  the  academic
 institution.  The requirement to maintain satisfactory academic progress
 may be waived if done so by the  academic  institution  and  the  social
 services  district  based on undue hardship caused by an event such as a
 personal injury or illness of the student, the death of  a  relative  of
 the  student or other extenuating circumstances. Any enrollment in post-
 secondary education beyond a twelve month period must be  combined  with
 no  less  than  twenty  hours  of  participation averaged weekly in paid
 employment or work activities or community service when paid  employment
 is not available.
   § 2. Section 336 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9.  FOR ANY PARTICIPANT ENGAGED IN AN EDUCATIONAL OR TRAINING ACTIVITY
 PURSUANT TO PARAGRAPHS (H), (I), (J), (K) OR (N) OF SUBDIVISION  ONE  OF
 THIS  SECTION, HOMEWORK EXPECTED OR REQUIRED BY THE EDUCATIONAL INSTITU-
 TION, INCLUDING UP TO ONE HOUR OF  UNSUPERVISED  HOMEWORK  PER  HOUR  OF
 CLASS  TIME,  PLUS ADDITIONAL HOURS OF HOMEWORK SUPERVISED BY THE EDUCA-
 TIONAL INSTITUTION, SHALL COUNT  TOWARDS  SATISFACTION  OF  THE  PARTIC-
 IPANT'S  WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE, TO THE EXTENT THAT
 SUCH PARTICIPATION SHALL NOT IMPAIR THE  NEED  OF  THE  SOCIAL  SERVICES
 DISTRICT  TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIRE-
 MENTS.
   § 3. This act shall take effect April 1, 2017.
 
                                  PART X
 
   Section 1. The education law is amended by adding a new article 128 to
 read as follows:
                                ARTICLE 128
        PUBLIC UNIVERSITY AFFILIATED ORGANIZATIONS AND FOUNDATIONS

 A. 3006--B                         221
 
 SECTION 6360. PUBLIC UNIVERSITY AND FOUNDATION OVERSIGHT.
   §  6360.  PUBLIC  UNIVERSITY AND FOUNDATION OVERSIGHT. 1.  DEFINITION.
 FOR PURPOSES OF THIS SECTION, THE TERM "AFFILIATED ORGANIZATION OR FOUN-
 DATION" SHALL MEAN AN ORGANIZATION OR FOUNDATION FORMED UNDER  THE  NOT-
 FOR-PROFIT CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENEFIT OF
 OR CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY
 OF  NEW  YORK  OR  THEIR  RESPECTIVE  UNIVERSITIES,  COLLEGES, COMMUNITY
 COLLEGES, CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF
 THE STATE UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY
 UNIVERSITY OF NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS  OF,  OR
 PROVIDING  A  DIRECT  BENEFIT  TO,  THE  RESPECTIVE UNIVERSITY, COLLEGE,
 COMMUNITY COLLEGE, CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS  A  WHOLE,
 THAT HAS CONTROL OF, MANAGES OR RECEIVES ONE HUNDRED THOUSAND DOLLARS OR
 MORE  ANNUALLY, INCLUDING ALUMNI ASSOCIATIONS.  FOR THE PURPOSES OF THIS
 SECTION, THIS TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED
 SOLELY OF ENROLLED STUDENTS AND FORMED FOR THE PURPOSE  OF  ADVANCING  A
 STUDENT OBJECTIVE.
   2. FINANCIAL CONTROL POLICIES. (A) THE TRUSTEES OF THE STATE UNIVERSI-
 TY  OF  NEW YORK AND THE CITY UNIVERSITY OF NEW YORK AND EACH AFFILIATED
 ORGANIZATION OR FOUNDATION SHALL RESPECTIVELY  ADOPT  FINANCIAL  CONTROL
 POLICIES  DESIGNED  TO  PREVENT  CORRUPTION,  FRAUD,  CRIMINAL ACTIVITY,
 CONFLICTS OF INTEREST OR ABUSE.
   (B) THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK,
 AND EACH  AFFILIATED  ORGANIZATION  OR  FOUNDATION  SHALL  EACH  APPOINT
 COMPLIANCE OFFICERS TO PROVIDE ASSISTANCE IN OVERSIGHT AND MONITORING OF
 THE  FINANCIAL  CONTROL POLICIES ESTABLISHED PURSUANT TO THIS SECTION BY
 THE RESPECTIVE STATE UNIVERSITY OF NEW YORK, CITY UNIVERSITY OF NEW YORK
 OR AFFILIATED ORGANIZATION OR FOUNDATION.
   3. REPORTING REQUIREMENTS. (A) THE TRUSTEES OF THE STATE UNIVERSITY OF
 NEW YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL REQUIRE, ON OR BEFORE
 NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF ANY  AFFILIATED  ORGAN-
 IZATION  OR  FOUNDATION, IN A STANDARDIZED FORMAT DEVELOPED BY THE CHAN-
 CELLOR. THE ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE  POSTED
 PUBLICLY  ON THE WEBSITE OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK, RESPECTIVELY, IN A READABLE FORMAT  BY  NOVEMBER
 FIRST OF EACH YEAR. THE REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS FOLLOWING GENER-
 ALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION TWO OF THE STATE FINANCE LAW; AND ANY LONG-TERM LIABILITIES;
   (II) A LIST OF ALL CONTRACTS INCLUDING AMOUNT, PURPOSE AND IDENTIFYING
 VENDOR INFORMATION OF EACH; AND
   (III) THE TOTAL NUMBER OF EMPLOYEES OF SUCH ORGANIZATION OR FOUNDATION
 BY  DEPARTMENT AND JOB LOCATION AND AMOUNT SPENT ON PERSONNEL BY DEPART-
 MENT AND JOB LOCATION, WHICH SHALL INCLUDE ANNUAL EMPLOYEE SALARIES,  OR
 OTHER  COMPENSATION,  EMPLOYEE  JOB TITLES AND DESCRIPTIONS AND EMPLOYEE
 BENEFITS.
   (B) THE REPORTS REQUIRED BY THIS SUBDIVISION SHALL NOT REQUIRE DISCLO-
 SURE OF INFORMATION THAT: (I) IS SPECIFICALLY EXEMPTED  FROM  DISCLOSURE
 BY  STATE  OR  FEDERAL LAW; (II) IF DISCLOSED WOULD CONSTITUTE AN UNWAR-
 RANTED INVASION OF PERSONAL PRIVACY UNDER THE PROVISIONS OF  SUBDIVISION
 TWO  OF  SECTION  EIGHTY-NINE  OF  THE  PUBLIC  OFFICERS  LAW;  (III) IF
 DISCLOSED WOULD IMPAIR IMMINENT CONTRACT AWARDS OR COLLECTIVE BARGAINING
 NEGOTIATIONS; (IV) ARE TRADE SECRETS OR IS INFORMATION THAT IF DISCLOSED
 WOULD CAUSE SUBSTANTIAL INJURY TO A COMPETITIVE BUSINESS  POSITION;  (V)
 ARE  RECORDS  OF  AN  AFFILIATED  ORGANIZATION OR FOUNDATION RELATING TO
 CHARITABLE DONORS OR PROSPECTIVE DONORS, PROVIDED THAT RECORDS  RELATING

 A. 3006--B                         222
 
 TO  FUNDRAISING  STRATEGIES  WOULD,  IF DISCLOSED, IMPAIR THE ABILITY OF
 SUCH AFFILIATED ORGANIZATION OR FOUNDATION TO ATTRACT OR GAIN DONATIONS,
 AND PROVIDED, HOWEVER, THAT THE NAME OF ANY  DONOR  AND  THE  AMOUNT  OF
 DONATION  MADE  BY  SUCH  DONOR  SHALL  BE SUBJECT TO DISCLOSURE IF SUCH
 DONOR, OR ANY ENTITY IN WHICH SUCH DONOR  HAS  A  SUBSTANTIAL  INTEREST,
 SEEKS  TO TRANSACT BUSINESS, OR DOES TRANSACT BUSINESS, WITH SUCH AFFIL-
 IATED ORGANIZATION OR FOUNDATION TO WHICH THE DONATION  IS  MADE  WITHIN
 THREE  YEARS  OF  THE  DATE  OF  SUCH DONATION; AND (VI) ARE ACADEMIC OR
 SCIENTIFIC RESEARCH OR RESEARCH-RELATED RECORDS,  INCLUDING  ANY  DRAFT,
 PRELIMINARY OR UNFUNDED GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY
 THE  AFFILIATED ORGANIZATION OR FOUNDATION ITSELF OR IN CONJUNCTION WITH
 A THIRD PARTY, OR RECORDS RELATING TO SUCH  AFFILIATED  ORGANIZATION  OR
 FOUNDATION'S INTELLECTUAL PROPERTY, WHICH, IF DISCLOSED, WOULD ADVERSELY
 AFFECT  LICENSE,  PATENT,  COPYRIGHT  OR OTHER RIGHTS OF SUCH AFFILIATED
 ORGANIZATION OR FOUNDATION. THIS PARAGRAPH SHALL  NOT  BE  CONSTRUED  TO
 PERMIT  AN  AFFILIATED ORGANIZATION OR FOUNDATION TO WITHHOLD RECORDS OR
 PORTIONS THEREOF PERTAINING TO THE NAME, TITLE, EXPENDITURE,  SOURCE  OR
 AMOUNT OF PUBLIC FUNDING RELATING TO SUCH RESEARCH OR INTELLECTUAL PROP-
 ERTY.
   4.  ACCESS  TO RECORDS. A. ACCESS TO RECORDS OF EACH AFFILIATED ORGAN-
 IZATION OR FOUNDATION WHICH RECEIVES OR DISTRIBUTES  ANY  PUBLIC  MONEY,
 AND  WHICH PROVIDES GRANTS, FUNDING OR OTHER SUPPORT FOR ECONOMIC DEVEL-
 OPMENT PURPOSES, CONSTRUCTION PURPOSES, OR OTHER CAPITAL PURPOSES, SHALL
 BE GOVERNED  PURSUANT  TO  ARTICLE  SIX  OF  THE  PUBLIC  OFFICERS  LAW,
 PROVIDED,  HOWEVER,  THAT SUCH AFFILIATED ORGANIZATION OR FOUNDATION MAY
 ALSO DENY ACCESS TO RECORDS OR PORTIONS THEREOF THAT: (I) ARE RECORDS OF
 AN AFFILIATED ORGANIZATION OR FOUNDATION RELATING TO  CHARITABLE  DONORS
 OR  PROSPECTIVE  DONORS  PROVIDED  THAT  RECORDS RELATING TO FUNDRAISING
 STRATEGIES WOULD, IF DISCLOSED, IMPAIR THE ABILITY  OF  SUCH  AFFILIATED
 ORGANIZATION  OR  FOUNDATION TO ATTRACT OR GAIN DONATIONS, AND PROVIDED,
 HOWEVER, THAT THE NAME OF ANY DONOR AND THE AMOUNT OF ANY DONATION  MADE
 BY SUCH DONOR SHALL BE SUBJECT TO DISCLOSURE IF SUCH DONOR, OR ANY ENTI-
 TY  IN  WHICH  SUCH  DONOR HAS A SUBSTANTIAL INTEREST, SEEKS TO TRANSACT
 BUSINESS, OR DOES TRANSACT BUSINESS, WITH SUCH  AFFILIATED  ORGANIZATION
 OR  FOUNDATION  TO  WHICH THE DONATION IS MADE WITHIN THREE YEARS OF THE
 DATE OF SUCH DONATION; OR (II) ARE ACADEMIC OR  SCIENTIFIC  RESEARCH  OR
 RESEARCH-RELATED  RECORDS,  INCLUDING ANY DRAFT, PRELIMINARY OR UNFUNDED
 GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY THE  AFFILIATED  ORGAN-
 IZATION  OR  FOUNDATION  ITSELF OR IN CONJUNCTION WITH A THIRD PARTY, OR
 RECORDS RELATING TO SUCH AFFILIATED ORGANIZATION OR FOUNDATION'S  INTEL-
 LECTUAL  PROPERTY,  WHICH, IF DISCLOSED, WOULD ADVERSELY AFFECT LICENSE,
 PATENT, COPYRIGHT OR OTHER RIGHTS OF  SUCH  AFFILIATED  ORGANIZATION  OR
 FOUNDATION;
   B.  THIS  SUBDIVISION  SHALL  NOT BE CONSTRUED TO PERMIT AN AFFILIATED
 ORGANIZATION OR FOUNDATION  TO  WITHHOLD  RECORDS  OR  PORTIONS  THEREOF
 PERTAINING  TO  THE NAME, TITLE, EXPENDITURE, SOURCE OR AMOUNT OF PUBLIC
 FUNDING RELATING TO SUCH RESEARCH OR INTELLECTUAL PROPERTY.
   C. THIS SUBDIVISION SHALL BE LIBERALLY CONSTRUED TO PROVIDE ACCESS  TO
 RECORDS TO THE GREATEST EXTENT POSSIBLE.
   5. OPEN MEETINGS. A. MEETINGS OF EACH AFFILIATED ORGANIZATION OR FOUN-
 DATION  WHICH  RECEIVES  OR  DISTRIBUTES  ANY  PUBLIC  MONEY,  AND WHICH
 PROVIDES GRANTS, FUNDING  OR  OTHER  SUPPORT  FOR  ECONOMIC  DEVELOPMENT
 PURPOSES,  CONSTRUCTION  PURPOSES,  OR  OTHER CAPITAL PURPOSES, SHALL BE
 OPEN TO THE PUBLIC PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW,
 PROVIDED, HOWEVER, THAT AN AFFILIATED  ORGANIZATION  OR  FOUNDATION  MAY
 UPON  A  MAJORITY VOTE OF ITS TOTAL MEMBERSHIP, TAKEN IN AN OPEN MEETING

 A. 3006--B                         223

 PURSUANT TO A MOTION IDENTIFYING THE SPECIFIC SUBJECT TO  BE  CONSIDERED
 MAY  ALSO  CONDUCT AN EXECUTIVE SESSION TO DISCUSS: (I) MATTERS RELATING
 TO CHARITABLE DONORS OR PROSPECTIVE DONORS PROVIDED THAT  DISCUSSION  OF
 SUCH  FUNDRAISING  STRATEGIES  WOULD, IF DISCUSSED IN PUBLIC, IMPAIR THE
 ABILITY OF SUCH AFFILIATED ORGANIZATION OR FOUNDATION TO ATTRACT OR GAIN
 DONATIONS; OR (II) MATTERS THAT ARE ACADEMIC OR SCIENTIFIC  RESEARCH  OR
 RESEARCH-RELATED,  INCLUDING  DISCUSSION  OF  ANY  DRAFT, PRELIMINARY OR
 UNFUNDED GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY THE AFFILIATED
 ORGANIZATION OR FOUNDATION ITSELF OR IN CONJUNCTION WITH A THIRD  PARTY;
 OR  (III)  MATTERS  RELATING  TO SUCH AFFILIATED ORGANIZATION OR FOUNDA-
 TION'S INTELLECTUAL  PROPERTY,  WHICH,  IF  DISCLOSED,  WOULD  ADVERSELY
 AFFECT  LICENSE,  PATENT,  COPYRIGHT  OR OTHER RIGHTS OF SUCH AFFILIATED
 ORGANIZATION OR FOUNDATION.
   B. THIS SUBDIVISION SHALL BE  LIBERALLY  CONSTRUED  TO  PERMIT  PUBLIC
 ACCESS  TO  MEETINGS OF THE AFFILIATED ORGANIZATION OR FOUNDATION TO THE
 GREATEST EXTENT POSSIBLE.
   § 2. This act shall take effect immediately.
 
                                  PART Y
 
   Section 1. Item 1 of clause (A) of subparagraph (i) of paragraph a  of
 subdivision 3 of section 667 of the education law, as amended by section
 1  of part H of chapter 58 of the laws of 2011, the opening paragraph as
 amended by section 2 of part X, subitem (a) as  amended  by  section  2,
 subitem  (b)  as  amended  by  section  3  and subitem (c) as amended by
 section 1 of part U of chapter 56 of the laws of 2014 and subitem (d) as
 added by section 1 of part E of chapter 58  of  the  laws  of  2011,  is
 amended to read as follows:
   (1)  In the case of students who have not been granted an exclusion of
 parental income, who have qualified as an orphan, foster child, or  ward
 of  the court for the purposes of federal student financial aid programs
 authorized by Title IV of the Higher Education Act of 1965, as  amended,
 or  had  a  dependent  for  income tax purposes during the tax year next
 preceding the academic year for which application is  made,  except  for
 those  students  who  have been granted exclusion of parental income who
 have a spouse but no other dependent:
   (a) For students first receiving aid after  nineteen  hundred  ninety-
 three--nineteen  hundred  ninety-four and before two thousand--two thou-
 sand one, four thousand two hundred ninety dollars, EXCEPT  STARTING  IN
 TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SUCH  STUDENTS  SHALL
 RECEIVE FOUR THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS; STARTING  IN  TWO
 THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  SUCH STUDENTS SHALL RECEIVE
 FOUR THOUSAND NINE HUNDRED SIXTY DOLLARS; STARTING IN TWO THOUSAND NINE-
 TEEN--TWO THOUSAND TWENTY SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND  TWO
 HUNDRED  NINETY-FIVE  DOLLARS;  AND STARTING IN TWO THOUSAND TWENTY--TWO
 THOUSAND TWENTY-ONE AND THEREAFTER SUCH STUDENT SHALL RECEIVE FIVE THOU-
 SAND SIX HUNDRED THIRTY DOLLARS; or
   (b) For students first receiving aid in nineteen hundred ninety-three-
 -nineteen hundred ninety-four or earlier, three thousand  seven  hundred
 forty  dollars,  EXCEPT STARTING IN TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN SUCH STUDENTS SHALL RECEIVE FOUR THOUSAND SEVENTY-FIVE DOLLARS;
 STARTING IN TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN  SUCH  STUDENTS
 SHALL  RECEIVE  FOUR  THOUSAND FOUR HUNDRED TEN DOLLARS; STARTING IN TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY SUCH STUDENTS SHALL RECEIVE  FOUR
 THOUSAND  SEVEN HUNDRED FORTY-FIVE DOLLARS; AND STARTING IN TWO THOUSAND

 A. 3006--B                         224
 
 TWENTY--TWO THOUSAND  TWENTY-ONE  AND  THEREAFTER  SUCH  STUDENTS  SHALL
 RECEIVE FIVE THOUSAND EIGHTY DOLLARS; or
   (c) For students first receiving aid in two thousand--two thousand one
 and  thereafter,  five thousand dollars, except starting in two thousand
 fourteen-two thousand fifteen and thereafter such students shall receive
 five thousand one hundred sixty-five dollars,  EXCEPT  STARTING  IN  TWO
 THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN SUCH STUDENTS SHALL RECEIVE
 FIVE THOUSAND FIVE HUNDRED DOLLARS; STARTING IN TWO THOUSAND  EIGHTEEN--
 TWO  THOUSAND  NINETEEN  SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND EIGHT
 HUNDRED THIRTY-FIVE DOLLARS;  STARTING  IN  TWO  THOUSAND  NINETEEN--TWO
 THOUSAND  TWENTY  SUCH  STUDENTS  SHALL RECEIVE SIX THOUSAND ONE HUNDRED
 SEVENTY DOLLARS; AND STARTING IN TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE AND THEREAFTER SUCH STUDENTS  SHALL  RECEIVE  SIX  THOUSAND  FIVE
 HUNDRED DOLLARS; or
   (d)  For  undergraduate  students  enrolled in a program of study at a
 non-public degree-granting institution that does not offer a program  of
 study  that leads to a baccalaureate degree, or at a registered not-for-
 profit  business  school  qualified  for  tax  exemption  under  section
 501(c)(3)  of  the internal revenue code for federal income tax purposes
 that does not offer a program of study that  leads  to  a  baccalaureate
 degree,  four  thousand  dollars.  Provided,  however, that this subitem
 shall not apply to students enrolled in a program of study leading to  a
 certificate or degree in nursing.
   § 2. Item 2 of clause (A) of subparagraph (i) of paragraph a of subdi-
 vision 3 of section 667 of the education law, as amended by section 2 of
 part H of chapter 58 of the laws of 2011, is amended to read as follows:
   (2)  In the case of students receiving awards pursuant to subparagraph
 (iii) of this paragraph and those students who have been granted  exclu-
 sion of parental income who have a spouse but no other dependent.
   (a)  For  students first receiving aid in nineteen hundred ninety-four
 --nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
 teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
 dollars, EXCEPT STARTING IN TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGH-
 TEEN  SUCH  STUDENTS  SHALL  RECEIVE  THREE THOUSAND THREE HUNDRED SIXTY
 DOLLARS; STARTING IN TWO THOUSAND EIGHTEEN--TWO THOUSAND  NINETEEN  SUCH
 STUDENTS  SHALL  RECEIVE THREE THOUSAND SIX HUNDRED NINETY-FIVE DOLLARS;
 STARTING IN TWO THOUSAND NINETEEN--TWO  THOUSAND  TWENTY  SUCH  STUDENTS
 SHALL RECEIVE FOUR THOUSAND THIRTY DOLLARS; AND STARTING IN TWO THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE  AND  THEREAFTER  SUCH  STUDENTS SHALL
 RECEIVE FOUR THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS; or
   (b) For students first receiving aid in nineteen hundred  ninety-two--
 nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
 teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
 dollars,  EXCEPT  STARTING IN TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
 TEEN SUCH STUDENTS SHALL RECEIVE TWO THOUSAND NINE HUNDRED TEN  DOLLARS;
 STARTING  IN  TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SUCH STUDENTS
 SHALL RECEIVE THREE THOUSAND TWO HUNDRED FORTY-FIVE DOLLARS; STARTING IN
 TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SUCH STUDENTS  SHALL  RECEIVE
 THREE THOUSAND FIVE HUNDRED EIGHTY DOLLARS; AND STARTING IN TWO THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE  AND  THEREAFTER  SUCH  STUDENTS SHALL
 RECEIVE THREE THOUSAND NINE HUNDRED FIFTEEN DOLLARS; or
   (c) For students first receiving aid in nineteen hundred  ninety-one--
 nineteen  hundred ninety-two or earlier, two thousand four hundred fifty
 dollars, EXCEPT STARTING IN TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGH-
 TEEN  SUCH STUDENTS SHALL RECEIVE TWO THOUSAND SEVEN HUNDRED EIGHTY-FIVE
 DOLLARS; STARTING IN TWO THOUSAND EIGHTEEN--TWO THOUSAND  NINETEEN  SUCH

 A. 3006--B                         225
 
 STUDENTS SHALL RECEIVE THREE THOUSAND ONE HUNDRED TWENTY DOLLARS; START-
 ING  IN  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SUCH STUDENTS SHALL
 RECEIVE THREE THOUSAND FOUR HUNDRED FIFTY-FIVE DOLLARS; AND  STARTING IN
 TWO   THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  AND  THEREAFTER  SUCH
 STUDENTS SHALL RECEIVE THREE THOUSAND SEVEN HUNDRED NINETY DOLLARS; or
   § 3. This act shall take effect July 1, 2017.
 
                                  PART Z
 
   Section 1. Part 3 of article 14 of the education  law  is  amended  by
 adding a new section 685 to read as follows:
   §  685.  STUDENT  LOAN REFINANCE PROGRAM. 1. THE PRESIDENT, IN COLLAB-
 ORATION WITH THE DORMITORY AUTHORITY OF THE STATE  OF  NEW  YORK,  SHALL
 MAKE RECOMMENDATIONS FOR A PROGRAM TO ALLOW QUALIFIED RESIDENTS TO REFI-
 NANCE STUDENT LOAN DEBT FROM AN ELIGIBLE COLLEGE AT A FAVORABLE INTEREST
 RATE. THE PRESIDENT AND THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
 MAY  REQUIRE  QUALIFIED  RESIDENTS  TO  MEET MINIMUM CREDIT STANDARDS TO
 REFINANCE LOANS THROUGH ANY SUCH PROGRAM. SUCH RECOMMENDATIONS SHALL  BE
 DEVELOPED  ON  OR  BEFORE  NOVEMBER FIRST, TWO THOUSAND EIGHTEEN AND THE
 PRESIDENT AND THE DORMITORY AUTHORITY OF THE STATE  OF  NEW  YORK  SHALL
 ISSUE  A  REPORT  AT SUCH TIME TO THE TEMPORARY PRESIDENT OF THE SENATE,
 THE SPEAKER OF THE ASSEMBLY,  AND  THE  CHAIRS  OF  THE  SENATE  FINANCE
 COMMITTEE  AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON SUCH RECOMMENDA-
 TIONS.
   2. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "QUALIFIED  RESIDENT"  SHALL  MEAN:  (I) A PERSON WHO HAS LEGALLY
 RESIDED IN THE STATE FOR AT LEAST  SEVEN  OF  THE  PREVIOUS  TEN  YEARS,
 INCLUDING  THE MOST RECENT THREE YEARS; AND (II) HAS BEEN PAYING STUDENT
 LOANS ON TIME FOR THE PAST TEN YEARS.
   (B) "ELIGIBLE COLLEGE" SHALL MEAN A POST-SECONDARY INSTITUTION  ELIGI-
 BLE  FOR  FUNDS  UNDER  TITLE IV OF THE HIGHER EDUCATION ACT OF NINETEEN
 HUNDRED SIXTY-FIVE, AS AMENDED, OR SUCCESSOR  STATUTE  OFFERING  A  TWO-
 YEAR, FOUR-YEAR, GRADUATE OR PROFESSIONAL DEGREE GRANTING OR CERTIFICATE
 PROGRAM.
   (C)  "STUDENT LOANS" SHALL MEAN LOANS THAT WERE SECURED TO PAY FOR THE
 COST OF ATTENDANCE AT AN ELIGIBLE COLLEGE, INCLUDING TUITION  AND  FEES,
 BOOKS, ROOM AND BOARD, AND OTHER EDUCATIONALLY RELATED EXPENSES.
   § 2. This act shall take effect immediately.

                                  PART AA
 
   Section  1. The chancellor of the state university of New York and the
 chancellor of the city university of New York shall examine the  process
 by  which  students,  who  are  receiving  support  through  opportunity
 programs or other programs that provide additional academic support, are
 able to maintain such support when such students transfer to a different
 campus or transfer from a community college to a senior or  state  oper-
 ated college.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. Paragraph b of subdivision 2 of section 667-c of the educa-
 tion  law  as  added by section 1 of part N of chapter 58 of the laws of
 2006 is amended to read as follows:

 A. 3006--B                         226

   b. has earned at least twelve  credits  in  each  of  two  consecutive
 semesters at one of the institutions named in paragraph a of this subdi-
 vision by the time of the awards, PROVIDED, HOWEVER, THAT THIS PARAGRAPH
 SHALL NOT APPLY TO PART-TIME STUDENTS ENROLLED AT A COMMUNITY COLLEGE;
   § 2. This act shall take effect July 1, 2017.
 
                                  PART CC
 
   Section  1.  Subdivision c of section 2 of part K of chapter 58 of the
 laws of 2010 amending the social services law relating  to  establishing
 the  savings  plan  demonstration,  as amended by section 1 of part S of
 chapter 54 of the laws of 2016, is amended to read as follows:
   c. this act shall expire and be deemed repealed March 31, [2017] 2019.
   § 2. This act shall take effect immediately.
 
                                  PART DD

   Section 1. Any construction project which is wholly or partially fund-
 ed by (a) a competitive award of a regional economic  development  coun-
 cil;  (b)  resources  made available from various state agencies through
 the Consolidated Funding Application; (c)  resources  allocated  to  the
 SUNY2020 and CUNY2020 challenge grant program; (d) financial assistance,
 including  but  not limited to tax exemptions, in excess of $150,000 per
 project made available by industrial development agencies formed  pursu-
 ant  to article 18-A of the general municipal law or industrial develop-
 ment authorities formed pursuant to article 8 of the public  authorities
 law;  or  (e)  resources  allocated  to Phase II of the Buffalo Regional
 Innovation Cluster (aka Buffalo Billion) shall be deemed public work and
 shall be subject to and performed in accordance with the  provisions  of
 article  8  of  the  labor  law.  For  the  purposes  of  this  section,
 "construction" includes, but is  not  limited  to,  custom  fabrication,
 demolition,  reconstruction, excavation, rehabilitation, repair, instal-
 lation, renovation, alteration, and associated site work with all of the
 foregoing.
   § 2. This act shall take effect immediately.
 
                                  PART EE
 
   Section 1. The education law is amended by adding a new article 120 to
 read as follows:
                                ARTICLE 120
                 NEW YORK STATE FIREARM VIOLENCE RESEARCH
 SECTION 6010. NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE.
   § 6010. NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE. 1.  INSTI-
 TUTE FORMATION AND GOALS. THE NEW YORK STATE FIREARM  VIOLENCE  RESEARCH
 INSTITUTE,  HEREINAFTER  THE  "INSTITUTE",  IS HEREBY CREATED WITHIN THE
 STATE UNIVERSITY OF NEW  YORK.  THE  PURPOSES  OF  THE  INSTITUTE  SHALL
 INCLUDE:
   (A) ADVISING THE GOVERNOR, GOVERNMENTAL AGENCIES, THE REGENTS, AND THE
 LEGISLATURE ON MATTERS RELATING TO FIREARM VIOLENCE IN NEW YORK STATE;
   (B)  FOSTERING, PURSUING AND SPONSORING COLLABORATIVE FIREARM VIOLENCE
 RESEARCH;
   (C) INCREASING UNDERSTANDING BY ESTABLISHING AND REPORTING ON WHAT  IS
 KNOWN AND WHAT IS NOT KNOWN ABOUT FIREARM VIOLENCE OF THE STATE;
   (D)  IDENTIFYING  PRIORITY  NEEDS  FOR  FIREARM  VIOLENCE RESEARCH AND
 INVENTORY WORK WITHIN NEW YORK THAT CURRENTLY ARE NOT RECEIVING ADEQUATE

 A. 3006--B                         227

 ATTENTION, AND IDENTIFYING PUBLIC OR  PRIVATE  ENTITIES  THAT  ARE  BEST
 SITUATED  TO  ADDRESS SUCH NEEDS, THEREBY LEADING TO BETTER COORDINATION
 OF FIREARM VIOLENCE RESEARCH EFFORTS IN THE STATE;
   (E)  PROMOTING  AWARENESS  OF  EXISTING  AND  NEW  SOURCES  OF FIREARM
 VIOLENCE INFORMATION AND FIREARM VIOLENCE WHILE EDUCATING ELECTED  OFFI-
 CIALS, GOVERNMENTAL AGENCIES, AND THE GENERAL PUBLIC ON FIREARM VIOLENCE
 ISSUES THROUGH SUCH MEANS AS IT MAY DETERMINE;
   (F) ORGANIZING AND SPONSORING MEETINGS ON FIREARM VIOLENCE TOPICS;
   (G) ENCOURAGING THE ESTABLISHMENT OF NETWORKS OF COLLABORATING EXPERTS
 ENGAGED IN RELATED ASPECTS OF FIREARM VIOLENCE RESEARCH;
   (H)  RAISING  SENSITIVITY TO FIREARM VIOLENCE CONCERNS AMONG STATE AND
 LOCAL GOVERNMENT AGENCIES, AND SERVING AS A FORUM FOR  ENHANCED  INTERA-
 GENCY INFORMATION SHARING AND COOPERATION;
   (I) WORKING ON A CONTINUING BASIS WITH POLICYMAKERS IN THE LEGISLATURE
 AND  STATE  AGENCIES  TO  IDENTIFY,  IMPLEMENT,  AND EVALUATE INNOVATIVE
 FIREARM VIOLENCE PREVENTION POLICIES AND PROGRAMS;
   (J) RECRUITING AND PROVIDING SPECIALIZED  TRAINING  OPPORTUNITIES  FOR
 NEW RESEARCHERS, INCLUDING POSTDOCTORAL SCHOLARS, DOCTORAL STUDENTS, AND
 UNDERGRADUATES; AND
   (K) PROVIDING COPIES OF THEIR RESEARCH PUBLICATIONS TO THE LEGISLATURE
 AND  TO  AGENCIES SUPPLYING DATA USED IN THE CONDUCT OF SUCH RESEARCH AS
 SOON AS IS PRACTICABLE FOLLOWING PUBLICATION.
   2. RESEARCH. THE INSTITUTE SHALL FOSTER, PURSUE,  AND  SPONSOR  BASIC,
 TRANSLATIONAL, AND TRANSFORMATIVE RESEARCH, FIELD STUDIES, AND ALL OTHER
 SUCH ACTIVITIES TO RESEARCH:
   (A)  THE NATURE OF FIREARM VIOLENCE, INCLUDING INDIVIDUAL AND SOCIETAL
 DETERMINANTS OF RISK FOR INVOLVEMENT IN FIREARM VIOLENCE, WHETHER  AS  A
 VICTIM OR A PERPETRATOR;
   (B)  THE  INDIVIDUAL,  COMMUNITY, AND SOCIETAL CONSEQUENCES OF FIREARM
 VIOLENCE;
   (C) THE PREVENTION AND TREATMENT OF FIREARM VIOLENCE AT  THE  INDIVID-
 UAL, COMMUNITY, AND SOCIETAL LEVELS; AND
   (D) THE EFFECTIVENESS OF EXISTING LAWS AND POLICIES INTENDED TO REDUCE
 FIREARM  VIOLENCE  AND  EFFORTS TO PROMOTE THE RESPONSIBLE OWNERSHIP AND
 USE OF FIREARMS.
   3. EDUCATION AND INFORMATION TRANSFER PROGRAMS.  THE  INSTITUTE  SHALL
 FOSTER  THE  COLLECTION,  TRANSFER,  AND APPLICATION OF FIREARM VIOLENCE
 INFORMATION IN THE STATE BY:
   (A) FOSTERING ACCESS, COMPATIBILITY,  INTERCHANGE,  AND  SYNTHESIS  OF
 DATA  ABOUT FIREARM VIOLENCE MAINTAINED BY PUBLIC ENTITIES, ACADEMIC AND
 RESEARCH INSTITUTIONS, AND PRIVATE ORGANIZATIONS;
   (B) EMPLOYING ADVANCED TECHNOLOGY TO COORDINATE FOR EASE OF USE OF THE
 SCATTERED FIREARM VIOLENCE RESOURCES OF THE STATE; AND
   (C) SUPPORTING THE PREPARATION AND PUBLICATION OF INTERPRETATIVE WORKS
 THAT DRAW UPON FIREARM VIOLENCE RESOURCES.
   4. QUINQUENNIAL REPORTS. THE INSTITUTE  SHALL  PREPARE  AND  SUBMIT  A
 REPORT  ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN AND EVERY FIVE
 YEARS THEREAFTER TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING PROGRAMS
 UNDERTAKEN OR SPONSORED  BY  THE  INSTITUTE,  THE  STATUS  OF  KNOWLEDGE
 REGARDING THE STATE'S FIREARM VIOLENCE, AND RESEARCH NEEDS RELATED THER-
 ETO.
   5.  EXECUTIVE COMMITTEE. THE INSTITUTE SHALL BE GUIDED BY AN EXECUTIVE
 COMMITTEE. MEMBERS OF THE COMMITTEE SHALL BE  FROM  VARYING  BACKGROUNDS
 WITH MEMBERS SELECTED FROM THE SCIENTIFIC COMMUNITY, ACADEMIC COMMUNITY,
 AS  WELL  AS  FROM GOVERNMENT SERVICE.   SUCH COMMITTEE SHALL CONSIST OF
 SEVENTEEN MEMBERS INCLUDING THE COMMISSIONER, THE COMMISSIONER OF CRIMI-

 A. 3006--B                         228

 NAL JUSTICE SERVICES, THE COMMISSIONER OF HEALTH, THE CHANCELLOR OF  THE
 UNIVERSITY  OR  THEIR DESIGNEES, SEVEN AT LARGE MEMBERS APPOINTED BY THE
 GOVERNOR, ONE OF WHOM SHALL BE CHAIRPERSON, TWO MEMBERS APPOINTED BY THE
 TEMPORARY  PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE MINORITY
 LEADER OF THE SENATE, TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEM-
 BLY AND ONE MEMBER APPOINTED BY THE MINORITY  LEADER  OF  THE  ASSEMBLY.
 APPOINTED  MEMBERS  SHALL SERVE FOR A TERM OF THREE YEARS, PROVIDED THAT
 SUCH MEMBERS MAY BE REAPPOINTED. THE EXECUTIVE COMMITTEE SHALL:
   (A) ADOPT POLICIES, PROCEDURES, AND CRITERIA  GOVERNING  THE  PROGRAMS
 AND OPERATIONS OF THE INSTITUTE;
   (B)  RECOMMEND  TO THE GOVERNOR AND LEGISLATURE APPROPRIATE ACTIONS TO
 DEAL WITH FIREARM VIOLENCE WITHIN THE STATE;
   (C) DEVELOP AND IMPLEMENT  THE  RESEARCH,  EDUCATION  AND  INFORMATION
 TRANSFER PROGRAMS OF THE INSTITUTE;
   (D) IDENTIFY PROPOSALS FOR FIREARM VIOLENCE RESEARCH; AND
   (E)  MEET  PUBLICLY  AT LEAST TWICE A YEAR. THE COMMITTEE SHALL WIDELY
 DISSEMINATE NOTICE OF ITS MEETINGS AT LEAST  TWO  WEEKS  PRIOR  TO  EACH
 MEETING. THE COMMISSIONERS ON THE EXECUTIVE COMMITTEE AND THE CHANCELLOR
 OF THE UNIVERSITY SHALL AID IN SUCH DISSEMINATION.
   6.  SCIENTIFIC  WORKING GROUP. THE EXECUTIVE COMMITTEE SHALL APPOINT A
 SCIENTIFIC WORKING GROUP COMPOSED OF NOT MORE THAN  FIFTEEN  INDIVIDUALS
 REPRESENTING  GOVERNMENTAL  AGENCIES, ACADEMIC OR RESEARCH INSTITUTIONS,
 EDUCATIONAL ORGANIZATIONS, THE FIREARM INDUSTRY AND  RELATED  NON-PROFIT
 ORGANIZATIONS.  MEMBERS OF THE SCIENTIFIC WORKING GROUP SHALL HAVE KNOW-
 LEDGE AND EXPERTISE IN FIREARM VIOLENCE RESEARCH AND SHALL SERVE  FOR  A
 TERM  OF  THREE YEARS, PROVIDED, HOWEVER THAT MEMBERS MAY BE REAPPOINTED
 FOR MORE THAN ONE TERM AT THE DISCRETION OF THE EXECUTIVE COMMITTEE. THE
 SCIENTIFIC WORKING GROUP SHALL MAKE  RECOMMENDATIONS  TO  THE  EXECUTIVE
 COMMITTEE WITH RESPECT TO:
   (A)  THE IDENTIFICATION OF PRIORITY FIREARM VIOLENCE RESEARCH NEEDS IN
 THE STATE;
   (B) THE DEVELOPMENT AND IMPLEMENTATION OF  THE  INSTITUTE'S  RESEARCH,
 EDUCATION, AND INFORMATION TRANSFER PROGRAMS; AND
   (C) IDENTIFICATION OF PROPOSALS FOR FIREARM VIOLENCE RESEARCH.
   7.  INSTITUTE  DIRECTOR. THE INSTITUTE SHALL HAVE A DIRECTOR WHO SHALL
 BE APPOINTED BY THE EXECUTIVE COMMITTEE AND SHALL AFTER  APPOINTMENT  BE
 AN  EMPLOYEE OF THE STATE UNIVERSITY. THE INSTITUTE DIRECTOR SHALL SERVE
 AT THE PLEASURE OF THE EXECUTIVE COMMITTEE. THE INSTITUTE DIRECTOR SHALL
 SERVE AS CHIEF ADMINISTRATIVE OFFICER OF THE INSTITUTE AND  PROVIDE  THE
 NECESSARY SUPPORT FOR THE EXECUTIVE COMMITTEE.
   8. COMPENSATION. THE MEMBERS OF THE EXECUTIVE COMMITTEE AND THE SCIEN-
 TIFIC   WORKING  GROUP  SHALL  SERVE  WITHOUT  ADDITIONAL  COMPENSATION,
 PROVIDED HOWEVER, MEMBERS OF THE EXECUTIVE COMMITTEE REPRESENTING  STATE
 AGENCIES  MAY  RECEIVE  REIMBURSEMENT  FOR  THEIR  ACTUAL  AND NECESSARY
 EXPENSES FROM  THEIR  RESPECTIVE  AGENCIES.  MEMBERS  OF  THE  EXECUTIVE
 COMMITTEE AND SCIENTIFIC WORKING GROUP SHALL BE CONSIDERED STATE EMPLOY-
 EES  FOR  THE  PURPOSES OF SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC
 OFFICERS LAW.
   9. MEMORANDUM OF UNDERSTANDING.  THE  DEPARTMENT,  THE  DEPARTMENT  OF
 HEALTH,  THE  DEPARTMENT OF MOTOR VEHICLES, AND THE DIVISION OF CRIMINAL
 JUSTICE SERVICES SHALL ENTER INTO A WRITTEN MEMORANDUM OF  UNDERSTANDING
 TO  FACILITATE  THE  APPROPRIATE  IMPLEMENTATION OF THE FIREARM VIOLENCE
 RESEARCH INSTITUTE AND THE GOALS, RESPONSIBILITIES, AND PROGRAMS  ESTAB-
 LISHED BY THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

 A. 3006--B                         229
 
                                  PART FF
 
   Section  1. The social services law is amended by adding a new section
 131-bb to read as follows:
   § 131-BB. HOME STABILITY SUPPORT PROGRAM.  1. (A) NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, EACH LOCAL SOCIAL SERVICES
 DISTRICT SHALL PROVIDE A SHELTER SUPPLEMENT TO ELIGIBLE INDIVIDUALS  AND
 FAMILIES  WITH  CHILDREN TO PREVENT EVICTION AND ADDRESS HOMELESSNESS IN
 ACCORDANCE WITH THIS SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION:
   (I) "HOMELESS" SHALL MEAN THE LACK OF A FIXED, REGULAR,  AND  ADEQUATE
 NIGHTTIME  RESIDENCE;  HAVING  A  PRIMARY  NIGHTTIME RESIDENCE THAT IS A
 PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR
 SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A  CAR,  PARK,  ABAN-
 DONED  BUILDING,  BUS  OR  TRAIN STATION, AIRPORT OR CAMPGROUND OR OTHER
 PLACES NOT MEANT FOR HUMAN HABITATION; LIVING IN A  SUPERVISED  PUBLICLY
 OR  PRIVATELY  OPERATED  SHELTER  DESIGNATED TO PROVIDE TEMPORARY LIVING
 ARRANGEMENTS (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE  OR
 LOCAL  GOVERNMENT  PROGRAMS  FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE
 ORGANIZATIONS, CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN
 INSTITUTION WHERE THEY  RESIDED  AND  WILL  LACK  A  REGULAR  FIXED  AND
 ADEQUATE  NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; OR ARE AN UNAC-
 COMPANIED YOUTH AND HOMELESS FAMILIES WITH CHILDREN AND YOUTH DEFINED AS
 HOMELESS UNDER EITHER THIS PARAGRAPH OR FEDERAL STATUTE WHO HAVE EXPERI-
 ENCED A LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUS-
 ING; HAVE EXPERIENCED PERSISTENT INSTABILITY  AS  MEASURED  BY  FREQUENT
 MOVES;  AND  CAN  BE EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
 PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL  HEALTH
 OR  MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
 VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD  OR  YOUTH  WITH  A
 DISABILITY,  OR  MULTIPLE  BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR
 LIFE-THREATENING  CONDITIONS,  INCLUDING  CONDITIONS  THAT   RELATE   TO
 VIOLENCE AGAINST AN INDIVIDUAL OR A FAMILY MEMBER; AND
   (II)  "IMMINENT LOSS OF HOUSING" SHALL MEAN HAVING RECEIVED A VERIFIED
 RENT DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED  A  COURT  ORDER
 RESULTING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY
 THAT  THEY  MUST  LEAVE  THEIR  HOUSING;  FACING  LOSS OF HOUSING DUE TO
 HAZARDOUS CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBESTOS, LEAD  EXPO-
 SURE,  MOLD,  AND  RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A
 ROOM IN A HOTEL OR MOTEL AND  LACK  THE  RESOURCES  NECESSARY  TO  STAY;
 FACING LOSS OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING
 IN THE HOME OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUS-
 ING  WILL  NOT ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER,
 THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS
 OF HOUSING OR HOMELESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY;
 OR, FLEEING, OR ATTEMPTING TO FLEE, DOMESTIC VIOLENCE, DATING  VIOLENCE,
 SEXUAL  ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-
 THREATENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR
 A FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM  AN  INDIVIDUAL
 OR FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFI-
 CIENT TO ESTABLISH ELIGIBILITY.
   2.  (A)  EACH  LOCAL  SOCIAL SERVICES DISTRICT SHALL PROVIDE A SHELTER
 SUPPLEMENT TO ELIGIBLE INDIVIDUALS AND FAMILIES WITH CHILDREN AS DEFINED
 IN SUBDIVISION THREE OF THIS SECTION IN AN AMOUNT EQUAL  TO  EIGHTY-FIVE
 PERCENT  OF  THE FAIR MARKET RENT IN THE DISTRICT, AS ESTABLISHED BY THE
 FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE  PARTICULAR

 A. 3006--B                         230
 
 HOUSEHOLD  COMPOSITION.  THE  SHELTER  SUPPLEMENT SHALL BE ISSUED BY THE
 LOCAL SOCIAL SERVICES DISTRICT DIRECTLY TO THE LANDLORD OR VENDOR.
   (B)  A  LOCAL  SOCIAL SERVICES DISTRICT MAY ALSO PROVIDE AN ADDITIONAL
 SUPPLEMENT IN AN AMOUNT UP TO ONE HUNDRED PERCENT  OF  THE  FAIR  MARKET
 RENT  IN THE DISTRICT, AS ESTABLISHED BY THE FEDERAL DEPARTMENT OF HOUS-
 ING AND URBAN DEVELOPMENT. PROVIDED, HOWEVER, THE COST OF THE ADDITIONAL
 SUPPLEMENT SHALL BE PAID BY THE LOCAL SOCIAL SERVICES DISTRICT.
   (C) IN ADDITION TO THE SHELTER SUPPLEMENT REFERENCED IN THIS  SUBDIVI-
 SION,  WHEN  AN  ELIGIBLE  RECIPIENT, AS DEFINED IN SUBDIVISION THREE OF
 THIS SECTION, INCURS SEPARATE  FUEL  FOR  HEATING  EXPENSES,  THE  LOCAL
 SOCIAL  SERVICES  DISTRICT  SHALL  ALSO PROVIDE A HEATING ALLOWANCE. THE
 ALLOWANCE SHALL BE EQUIVALENT TO THE FULL AMOUNT  OF  FUEL  FOR  HEATING
 EXPENSES,  AND  SHALL  BE  MADE  DIRECTLY TO THE VENDOR ON BEHALF OF THE
 RECIPIENT. ANY EXPENSES INCURRED BY THE LOCAL SOCIAL  SERVICES  DISTRICT
 THAT  ARE  (I)  IN  EXCESS  OF  A RECIPIENT'S FUEL FOR HEATING ALLOWANCE
 AUTHORIZED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION  ONE
 HUNDRED  THIRTY-ONE-A OF THIS TITLE; (II) MADE PURSUANT TO SECTION NINE-
 TY-SEVEN OF THIS CHAPTER; OR (III) TO COVER ANY ARREARS PAYMENTS MADE TO
 RESTORE HEATING SERVICES OR TO PREVENT A SHUT-OFF, SHALL NOT BE RECOUPA-
 BLE.
   (D) INDIVIDUALS NOT IN RECEIPT OF PUBLIC  ASSISTANCE,  RESIDING  IN  A
 HOUSEHOLD  THAT  IS  BENEFITING  FROM  A  SHELTER  SUPPLEMENT UNDER THIS
 SECTION SHALL BE REQUIRED TO CONTRIBUTE THIRTY PERCENT  OF  THEIR  GROSS
 INCOME,  OR  THEIR  PRO RATA SHARE OF THE RENT, WHICHEVER IS LESS. MINOR
 CHILDREN WITHOUT INCOME SHALL NOT BE  COUNTED  IN  THE  PRO  RATA  SHARE
 EQUATION. IN ADDITION, THE INCOME OF MINOR CHILDREN SHALL NOT BE CONSID-
 ERED PART OF THE GROSS INCOME.
   (E)  ANY SUPPLEMENT OR ALLOWANCE PROVIDED UNDER THIS SECTION SHALL NOT
 BE CONSIDERED TO BE PART OF THE STANDARD OF NEED AS DEFINED IN PARAGRAPH
 (B) OF SUBDIVISION TEN OF  SECTION  ONE  HUNDRED  THIRTY-ONE-A  OF  THIS
 TITLE.
   (F)  IN  THE  EVENT THAT THE LOCAL SOCIAL SERVICES DISTRICT DETERMINES
 THAT PAYMENT OF RENTAL ARREARS WOULD  PREVENT  HOMELESSNESS  AND  SUBSE-
 QUENTLY PAYS SUCH ARREARS, SUCH PAYMENTS SHALL NOT BE RECOUPABLE.
   3.  (A) FOR THE PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND SEVENTEEN
 UNTIL SEPTEMBER THIRTIETH, TWO THOUSAND EIGHTEEN, INDIVIDUALS, OR  FAMI-
 LIES  WITH  CHILDREN, WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE, ARE EITHER
 HOMELESS OR FACE AN IMMINENT LOSS OF  HOUSING,  AND  ARE  NOT  CURRENTLY
 RECEIVING  ANOTHER  SHELTER SUPPLEMENT SHALL BE ELIGIBLE FOR THE SHELTER
 SUPPLEMENT PROVIDED UNDER THIS SECTION.
   (B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND  EIGHTEEN,  (I)  INDIVID-
 UALS,  OR FAMILIES WITH CHILDREN, WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE
 AND ARE EITHER HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING, AND ARE NOT
 CURRENTLY RECEIVING ANOTHER SHELTER SUPPLEMENT; OR (II) ARE CURRENTLY IN
 RECEIPT OF A SHELTER SUPPLEMENT, OTHER THAN  A  SUPPLEMENT  REQUIRED  BY
 THIS  SECTION  BEING  TRANSFERRED  TO THE HOME STABILITY SUPPORT PROGRAM
 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL BE ELIGIBLE FOR  THE
 SHELTER SUPPLEMENT PROVIDED UNDER THIS SECTION.
   4.  (A)  LOCAL  SOCIAL  SERVICES  DISTRICTS  SHALL PROVIDE THE SHELTER
 SUPPLEMENT REQUIRED UNDER THIS SECTION FOR UP TO  FIVE  YEARS,  PROVIDED
 SUCH  INDIVIDUALS  OR FAMILIES ARE OTHERWISE ELIGIBLE FOR PUBLIC ASSIST-
 ANCE. A SHELTER SUPPLEMENT MAY BE PROVIDED FOR AN ADDITIONAL  LENGTH  OF
 TIME FOR GOOD CAUSE.
   (B)  IF  AN  INDIVIDUAL  OR FAMILY WITH CHILDREN RECEIVING THE SHELTER
 SUPPLEMENT IS NO LONGER ELIGIBLE FOR PUBLIC ASSISTANCE, THE LOCAL SOCIAL
 SERVICES DISTRICT SHALL CONTINUE TO PROVIDE THE SHELTER SUPPLEMENT,  AND

 A. 3006--B                         231
 
 IF  APPROPRIATE  HEATING  ALLOWANCE,  FOR ONE YEAR FROM THE DATE OF SUCH
 DETERMINATION, SO LONG AS THEIR  INCOME  DOES  NOT  EXCEED  TWO  HUNDRED
 PERCENT OF THE FEDERAL POVERTY LEVEL.
   5.  THE SHELTER SUPPLEMENT AND HEATING ALLOWANCE SHALL NOT BE AFFECTED
 BY A RECIPIENT'S SANCTION STATUS.
   6. (A) THE COMMISSIONER SHALL CONTRACT WITH A  NOT-FOR-PROFIT  AGENCY,
 THAT  HAS  EXPERIENCE  PROVIDING  CASEWORK  SERVICES TO THE HOMELESS AND
 AT-RISK OF HOMELESSNESS POPULATIONS, FOR THE PURPOSE OF  PROVIDING  HOME
 STABILITY  SUPPORT  CASE MANAGEMENT SERVICES. SUCH SERVICES SHALL ASSIST
 RECIPIENTS, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, IN AVOIDING
 HOMELESSNESS AND ACHIEVING LONG-TERM HOUSING STABILITY.   SUCH  SERVICES
 SHALL INCLUDE, BUT NOT LIMITED TO:
   (I) SERVICES TO RESOLVE CONFLICTS BETWEEN LANDLORDS AND TENANTS AND TO
 FACILITATE FAIR AND WORKABLE SOLUTIONS;
   (II)  REFERRALS  TO  LEGAL  SERVICES TO HOUSEHOLDS THREATENED WITH THE
 LOSS OF THEIR HOMES THROUGH EVICTION, HARASSMENT OR OTHER MEANS;
   (III) BENEFIT/ENTITLEMENT  ADVOCACY  TO  ENSURE  THAT  HOUSEHOLDS  ARE
 RECEIVING  ALL FEDERAL, STATE AND LOCAL BENEFITS TO WHICH THEY ARE ENTI-
 TLED, SUCH AS TEMPORARY ASSISTANCE TO NEEDY FAMILIES, SAFETY NET ASSIST-
 ANCE, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM,  SUPPLEMENTAL  SECURITY
 INCOME, RENT SECURITY DEPOSITS, FURNITURE AND HOUSEHOLD MOVING EXPENSES,
 MEDICAL ASSISTANCE; AND
   (IV)  RELOCATION  ASSISTANCE  WHICH PROVIDES FOR THE IDENTIFICATION OF
 AND  REFERRAL  TO  PERMANENT  AND  HABITABLE   HOUSING,   TRANSPORTATION
 SERVICES,  LANDLORD/TENANT  LEASE NEGOTIATION SERVICES AND ASSISTANCE IN
 ESTABLISHING UTILITY SERVICES.
   (B) THE COMMISSIONER SHALL   ISSUE  A  REQUEST-FOR-PROPOSAL  FOR  HOME
 STABILITY  SUPPORT  CASEWORK  SERVICES.  THE  REQUEST-FOR-PROPOSAL SHALL
 INCLUDE:
   (I) A DESCRIPTION  OF  THE  HOME  STABILITY  SUPPORT  SERVICES  TO  BE
 PROVIDED,  INCLUDING  PROCEDURES  FOR  INTAKE,  REFERRAL,  OUTREACH, THE
 PROVISION OF SERVICES, FOLLOW-UP AND ANTICIPATED OUTCOMES;
   (II) A DESCRIPTION OF THE MANNER  IN  WHICH  COORDINATION  WITH  OTHER
 FEDERAL,  STATE,  LOCAL  AND PRIVATELY FUNDED SERVICES WILL BE ACHIEVED;
 AND
   (III) A DESCRIPTION OF HOW THE SERVICES WILL  BE  DESIGNED  TO  ASSIST
 HOUSEHOLDS TO ACHIEVE HOUSING STABILITY.
   (C)  PRIOR  TO  ENTERING INTO A CONTRACT PURSUANT TO THIS SUBDIVISION,
 THE COMMISSIONER SHALL DETERMINE THAT THE ELIGIBLE APPLICANT IS  A  BONA
 FIDE  ORGANIZATION WHICH SHALL HAVE DEMONSTRATED BY ITS PAST AND CURRENT
 ACTIVITIES THAT IT HAS THE ABILITY TO PROVIDE SUCH  SERVICES,  THAT  THE
 ORGANIZATION  IS FINANCIALLY RESPONSIBLE AND THAT THE PROPOSAL IS APPRO-
 PRIATE FOR THE NEEDS OF HOUSEHOLDS TO BE SERVED.
   7. THE HOME STABILITY SUPPORT PROGRAM SHALL PROVIDE FOR UP TO A  TOTAL
 OF FOURTEEN THOUSAND NEW SHELTER SUPPLEMENTS A YEAR STATEWIDE, AND FUNDS
 SHALL  BE  DISTRIBUTED  TO  EACH LOCAL SOCIAL SERVICES DISTRICT BASED ON
 THEIR PRO RATA SHARE OF HOUSEHOLDS BELOW THE FEDERAL  POVERTY  LEVEL  IN
 THE  STATE,  USING THE MOST RECENT UNITED STATES CENSUS DATA AS OF APRIL
 FIRST, TWO THOUSAND SEVENTEEN, AND ANNUALLY THEREAFTER.
   8. IF LOCAL SOCIAL SERVICES DISTRICTS OFFER A SHELTER  SUPPLEMENT  NOT
 REQUIRED  BY THIS SECTION, SUCH DISTRICTS MAY UTILIZE SUPPLEMENTS AVAIL-
 ABLE UNDER THIS SECTION ON OR AFTER OCTOBER FIRST,  TWO  THOUSAND  EIGH-
 TEEN, TO TRANSFER ELIGIBLE RECIPIENTS AS DEFINED IN SUBPARAGRAPH (II) OF
 PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION INTO THE HOME STABIL-
 ITY  SUPPORT  PROGRAM.  PROVIDED, HOWEVER, A DISTRICT SHALL NOT ALLOCATE
 ONE HUNDRED PERCENT OF THEIR SHELTER  SUPPLEMENTS  PROVIDED  UNDER  THIS

 A. 3006--B                         232

 SECTION TO EXISTING SUPPLEMENT RECIPIENTS, UNLESS THERE IS NO CURRENT OR
 UNMET  NEED  FOR SUPPLEMENTS AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH
 (B) OF SUBDIVISION THREE OF THIS SECTION IN SUCH DISTRICT.
   9. THE COMMISSIONER SHALL ISSUE A REPORT ON THE HOME STABILITY SUPPORT
 PROGRAM  TO  THE  GOVERNOR,  THE  SPEAKER OF THE ASSEMBLY, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE CHAIRS OF THE SENATE  AND  ASSEMBLY  SOCIAL
 SERVICES  COMMITTEES,  AND  THE  CHAIRS  OF  THE ASSEMBLY WAYS AND MEANS
 COMMITTEE AND THE SENATE FINANCE COMMITTEE ON OR BEFORE OCTOBER FIRST OF
 EACH YEAR, STARTING OCTOBER FIRST, TWO THOUSAND NINETEEN, REGARDING  THE
 EFFECTIVENESS OF THE PROGRAM, BASED ON THE INFORMATION PROVIDED FROM THE
 LOCAL  SOCIAL  SERVICES DISTRICTS. EACH LOCAL DISTRICT, UPON THE REQUEST
 OF THE OFFICE, SHALL PROVIDE THE  OFFICE  THE  NECESSARY  DATA  FOR  THE
 COMPLETION OF THE REPORT. EACH REPORT SHALL INCLUDE THE FOLLOWING INFOR-
 MATION FOR EACH DISTRICT:
   (A) THE NUMBER OF INDIVIDUALS PARTICIPATING IN THE PROGRAM;
   (B)  FACTORS  CONTRIBUTING  TO HOUSEHOLDS EXPERIENCING HOUSING ISSUES,
 INCLUDING,  BUT  NOT  LIMITED  TO,  HEALTH  AND  SAFETY  AND   BUDGETING
 CONSTRAINTS;
   (C) TOTAL FUNDING UTILIZED;
   (D) ESTIMATED AVOIDED COSTS IN TEMPORARY SHELTER; AND
   (E)  ANY  OTHER  INFORMATION  OR  AVAILABLE DATA THAT THE COMMISSIONER
 DEEMS RELEVANT AND NECESSARY FOR COMPREHENSIVE EVALUATION OF THE CURRENT
 NEED OF ENTITLEMENTS FOR PUBLIC ASSISTANCE RECIPIENTS.
   § 2. Section 153 of the social services law is amended by adding a new
 subdivision 13 to read as follows:
   13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ONE
 HUNDRED  PERCENT  OF  COSTS  FOR  SHELTER SUPPLEMENTS AND HOME STABILITY
 SUPPORT SERVICES REQUIRED BY SECTION ONE HUNDRED THIRTY-ONE-BB  OF  THIS
 ARTICLE SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE, AS FOLLOWS:
   (A)  BY  FEDERAL  FUNDS  THAT CAN BE PROPERLY APPLIED TO SUCH EXPENDI-
 TURES; AND
   (B) THE REMAINDER TO BE PAID BY STATE FUNDS.
   §  3. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART GG

   Section 1. Paragraph (e) of subdivision 2 of section 209 of the social
 services  law  is amended by adding two new subparagraphs (iii) and (iv)
 to read as follows:
   (III) (A) FROM JANUARY FIRST, TWO THOUSAND SEVENTEEN TO DECEMBER THIR-
 TY-FIRST, TWO THOUSAND SEVENTEEN, FOR AN ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED  RESIDENTIAL  CARE,  $1429.00;  AND  (B) FOR AN ELIGIBLE COUPLE
 RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET  FORTH  IN
 CLAUSE (A) OF THIS SUBPARAGRAPH.
   (IV) (A) FROM JANUARY FIRST, TWO THOUSAND EIGHTEEN AND THEREAFTER, FOR
 AN  ELIGIBLE  INDIVIDUAL  RECEIVING ENHANCED RESIDENTIAL CARE, $1549.00;
 AND (B) FOR AN ELIGIBLE COUPLE RECEIVING ENHANCED RESIDENTIAL CARE,  TWO
 TIMES THE AMOUNT SET FORTH IN CLAUSE (A) OF THIS SUBPARAGRAPH.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as section 2 of part P of a chapter of the laws of 2017  enacting
 into  law  major  components  of  legislation necessary to implement the
 state education, labor, housing and family  assistance  budget  for  the
 2017-2018 state fiscal year, takes effect.
 
                                  PART HH

 A. 3006--B                         233
 
   Section  1.  Paragraph  c  of  subdivision  2 of section 2023-a of the
 education law, as amended by section 1 of subpart C of part C of chapter
 20 of the laws of 2015, is amended to read as follows:
   c.  "Capital local expenditures" means the taxes associated with budg-
 eted expenditures resulting from the  financing,  refinancing,  acquisi-
 tion, design, construction, reconstruction, rehabilitation, improvement,
 furnishing  and equipping of, or otherwise providing for school district
 capital facilities or school district capital equipment, including  debt
 service and lease expenditures, and transportation capital debt service,
 subject  to  the approval of the qualified voters where required by law.
 The commissioner of taxation and finance shall, [as appropriate,] WITHIN
 NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER  OF  THE  LAWS  OF  TWO
 THOUSAND  SEVENTEEN  THAT  AMENDED  THIS PARAGRAPH, promulgate rules and
 regulations which [may] SHALL provide for adjustment  of  capital  local
 expenditures to reflect a school district's share of additional budgeted
 capital   expenditures  made  by  a  board  of  cooperative  educational
 services.
   § 2. Paragraph b of subdivision 2-a of section 2023-a of the education
 law, as amended by section 3 of subpart C of part C of chapter 20 of the
 laws of 2015, is amended to read as follows:
   b. The commissioner of taxation and finance shall calculate a quantity
 change factor for the coming school year for each school district  based
 upon  the  physical  or  quantity  change,  as defined by section twelve
 hundred twenty of the real property tax law, reported to the commission-
 er of taxation and finance by the  assessor  or  assessors  pursuant  to
 section  five  hundred  seventy-five  of  the real property tax law. The
 quantity change factor shall show the percentage by which the full value
 of the taxable real property in the school district has changed  due  to
 physical  or quantity change between the second final assessment roll or
 rolls preceding the final assessment roll or rolls upon which taxes  are
 to be levied, and the final assessment roll or rolls immediately preced-
 ing  the  final  assessment  roll  or  rolls  upon which taxes are to be
 levied. The commissioner of taxation and finance  shall,  [as  appropri-
 ate,]  WITHIN  NINETY  DAYS  OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS  PARAGRAPH,  promulgate
 rules  and  regulations regarding the calculation of the quantity change
 factor which [may] SHALL adjust the calculation based on the development
 on tax exempt land.
   § 3. Paragraph b of subdivision 3 of section 2023-a of  the  education
 law,  as added by section 2 of part A of chapter 97 of the laws of 2011,
 is amended to read as follows:
   b. NOTWITHSTANDING PARAGRAPH A OF  THIS  SUBDIVISION,  SUCH  TAX  LEVY
 LIMIT  SHALL  NOT BE LESS THAN THE TAX LEVY LIMIT THAT WAS APPLICABLE TO
 SUCH SCHOOL DISTRICT FOR THE PRIOR SCHOOL YEAR. WHERE THE COMPUTATION OF
 THE TAX LEVY LIMIT PURSUANT TO PARAGRAPH A  OF  THIS  SUBDIVISION  WOULD
 PRODUCE SUCH RESULT, THE TAX LEVY LIMIT FOR THE COMING SCHOOL YEAR SHALL
 BE  EQUAL  TO  THE  TAX  LEVY  LIMIT  THAT WAS APPLICABLE TO SUCH SCHOOL
 DISTRICT FOR THE PRIOR SCHOOL YEAR.
   C. On or before March first of each year, any school district  subject
 to the provisions of this section shall submit to the state comptroller,
 the  commissioner,  and  the  commissioner of taxation and finance, in a
 form and manner prescribed by the  state  comptroller,  any  information
 necessary  for  the  calculation  of  the tax levy limit; and the school
 district's determination of the tax levy limit pursuant to this  section
 shall  be  subject to review by the commissioner and the commissioner of
 taxation and finance.

 A. 3006--B                         234
 
   § 4. Subparagraph (i) of paragraph (b) of subdivision 3 of section 3-c
 of the general municipal law, as amended by section 2 of  subpart  C  of
 part C of chapter 20 of the laws of 2015, is amended to read as follows:
   (i) The commissioner of taxation and finance shall calculate a quanti-
 ty  change  factor  for each local government for the coming fiscal year
 based upon the physical or quantity change, as defined by section twelve
 hundred twenty of the real property tax law, reported to the commission-
 er of taxation and finance by the  assessor  or  assessors  pursuant  to
 section  five  hundred  seventy-five  of  the real property tax law. The
 quantity change factor shall show the percentage by which the full value
 of the taxable real property in the local government has changed due  to
 physical  or quantity change between the second final assessment roll or
 rolls preceding the final assessment roll or rolls upon which taxes  are
 to be levied, and the final assessment roll or rolls immediately preced-
 ing  the  final  assessment  roll  or  rolls  upon which taxes are to be
 levied. The commissioner of taxation and finance  shall,  [as  appropri-
 ate,]  WITHIN  NINETY  DAYS  OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS  PARAGRAPH,  promulgate
 rules  and  regulations regarding the calculation of the quantity change
 factor which [may] SHALL adjust the calculation based on the development
 on tax exempt land.
   § 5. Subdivision 3 of section 3-c of  the  general  municipal  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E)  NOTWITHSTANDING  PARAGRAPH (C) OF THIS SUBDIVISION, SUCH TAX LEVY
 LIMIT SHALL NOT BE LESS THAN THE TAX LEVY LIMIT THAT WAS  APPLICABLE  TO
 SUCH  LOCAL  GOVERNMENT FOR THE PRIOR FISCAL YEAR. WHERE THE COMPUTATION
 OF THE TAX LEVY LIMIT PURSUANT TO  PARAGRAPH  (C)  OF  THIS  SUBDIVISION
 WOULD PRODUCE SUCH RESULT, THE TAX LEVY LIMIT FOR THE COMING FISCAL YEAR
 SHALL  BE  EQUAL TO THE TAX LEVY LIMIT THAT WAS APPLICABLE TO SUCH LOCAL
 GOVERNMENT FOR THE PRIOR FISCAL YEAR.
   § 6. This act shall take effect immediately; provided, however, that:
   a. the amendments to section 2023-a  of  the  education  law  made  by
 sections  one,  two and three of this act shall not affect the repeal of
 such section and shall be deemed repealed therewith;
   b. the amendments to section 3-c of the general municipal law made  by
 sections  four  and five of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith;
   c. section three of this act shall  first  apply  to  school  district
 budgets  and  the budget adoption process for the 2017-2018 school year;
 and
   d. section five of this act shall apply to the levy of taxes by  local
 governments for fiscal years commencing on and after April 1, 2017.
 
                                  PART II
 
   Section  1. The education law is amended by adding a new article 129-C
 to read as follows:
                                ARTICLE 129-C
                  ELECTRONIC AND ONLINE STUDENT RESOURCES
 SECTION 6450. ELECTRONIC AND ONLINE STUDENT RESOURCES.
   § 6450. ELECTRONIC AND ONLINE STUDENT RESOURCES. THE STATE  UNIVERSITY
 OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK, SHALL UNDERTAKE ACTIONS
 TO MAKE AVAILABLE AND ENCOURAGE THE USE OF ELECTRONIC AND ONLINE STUDENT
 RESOURCES.  SUCH UNIVERSITIES SHALL, TO THE GREATEST EXTENT PRACTICABLE,
 OFFER CURRENT RESEARCH  RESOURCES  THROUGH  OPEN  SOURCE  MATERIALS  AND
 PROVIDE  ACCESS  TO  APPROPRIATE  SOURCE MATERIAL. SUCH ACTIONS SHALL BE

 A. 3006--B                         235

 DESIGNED TO PROVIDE STUDENTS WITH ACCESS TO HIGH  QUALITY  MATERIAL  AND
 RESEARCH  AT  A  COST  THAT  IS  LESSER THAN TRADITIONAL, NON-ELECTRONIC
 RESOURCES AND MATERIAL. NO LATER THAN JULY FIRST, TWO THOUSAND EIGHTEEN,
 AND  EACH  YEAR  THEREAFTER,  SUCH  UNIVERSITIES  SHALL PREPARE A REPORT
 DETAILING THE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION AND MAKE  SUCH
 REPORT AVAILABLE TO THE PUBLIC VIA THE UNIVERSITIES' ONLINE WEBSITES.
   § 2. This act shall take effect immediately.
   § 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.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through II of this act shall be
 as specifically set forth in the last section of such Parts.

2017-A3006C (ACTIVE) - Details

Law Section:: Budget Bills

2017-A3006C (ACTIVE) - Summary

2017-A3006C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2006--C                                            A. 3006--C
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
   to amend the education law, in relation to the education  of  homeless
   children (Part C); intentionally omitted (Part D); intentionally omit-
   ted  (Part  E);  intentionally omitted (Part F); intentionally omitted
   (Part G); intentionally omitted (Part H); intentionally omitted  (Part
   I); intentionally omitted (Part J); to amend chapter 83 of the laws of
   2002,  amending  the  executive law and other laws relating to funding
   for children and family services, in relation to extending the  effec-
   tiveness thereof (Subpart A); and to amend the social services law and
   the education law, in relation to restructuring financing for residen-
   tial school placements (Subpart B) (Part K); to amend the family court
   act,  in  relation  to  the definition of an abused child (Part L); to
   amend the executive law, the family court act and the social  services
   law, in relation to  increasing the age of youth eligible to be served
   in  RHYA programs and to allow for additional length of stay for youth
   in residential programs (Part M); to amend the public health  law,  in
   relation  to the licensure of certain health-related services provided
   by authorized agencies (Part N); intentionally omitted  (Part  O);  to
   amend the social services law, in relation to increasing the standards
   of  monthly  need  for  aged, blind and disabled persons living in the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-06-7

 S. 2006--C                          2                         A. 3006--C
 
   community (Part P); to amend the social services law, in  relation  to
   expanding  inquiries  of the statewide central register of child abuse
   and maltreatment and allowing additional reviews of  criminal  history
   information  (Part  Q);  to utilize reserves in the mortgage insurance
   fund for various housing  purposes  (Part  R);  intentionally  omitted
   (Part  S); intentionally omitted (Part T); intentionally omitted (Part
   U); and to amend part K of chapter 58 of the laws of 2010 amending the
   social services law relating to establishing the savings  plan  demon-
   stration project, in relation to the effectiveness thereof (Part V)
 
   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 2017-2018
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through V. 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
 
                           Intentionally Omitted
 
                                  PART B
 
                           Intentionally Omitted
 
                                  PART C

   Section 1. Section 3209 of the education law, as  amended  by  chapter
 569  of  the  laws  of  1994,  paragraphs  a and a-1 of subdivision 1 as
 amended and subdivision 2-a as added by chapter 101 of the laws of 2003,
 paragraph b of subdivision 3 as amended by section 28 of part B of chap-
 ter 57 of the laws of 2007, is amended to read as follows:
   § 3209. Education of homeless children. 1. Definitions.
   a. Homeless child. For the purposes of this article, the  term  "home-
 less child" shall mean:
   (1)  a  child or youth who lacks a fixed, regular, and adequate night-
 time residence, including a child or youth who is:
   (i) sharing the housing of other persons due to  a  loss  of  housing,
 economic hardship or a similar reason;
   (ii) living in motels, hotels, trailer parks or camping grounds due to
 the lack of alternative adequate accommodations;
   (iii) abandoned in hospitals; OR
   (iv) [awaiting foster care placement; or
   (v)]  a migratory child, as defined in subsection two of section thir-
 teen hundred nine of the Elementary and Secondary Education Act of 1965,
 as amended BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, who  qualifies  as

 S. 2006--C                          3                         A. 3006--C
 
 homeless under any of the provisions of clauses (i) through [(iv)] (III)
 of this subparagraph or subparagraph two of this paragraph; [or]
   (V)  AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED TWEN-
 TY-FIVE OF SUBTITLE B  OF  TITLE  VII  OF  THE  MCKINNEY-VENTO  HOMELESS
 ASSISTANCE ACT; OR
   (2) a child or youth who has a primary nighttime location that is:
   (i)  a  supervised  publicly or privately operated shelter designed to
 provide temporary living accommodations including, but not  limited  to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii)  a  public  or private place not designed for, or ordinarily used
 as, a regular sleeping accommodation for human beings, including a child
 or youth who is living in a car, park, public space, abandoned building,
 substandard housing, bus or train stations or similar setting.
   a-1. Exception. For the purposes of this article  the  term  "homeless
 child" shall not include a child in a foster care placement or receiving
 educational  services  pursuant to subdivision four, five, six, six-a or
 seven of section thirty-two hundred two of this [article] PART or pursu-
 ant to article eighty-one, eighty-five, eighty-seven or eighty-eight  of
 this chapter.
   b. Designator. The term "designator" shall mean:
   (1) the parent or the person in parental relation to a homeless child;
 or
   (2) the homeless child, if no parent or person in parental relation is
 available; or
   (3)  the  director  of  a residential program for runaway and homeless
 youth established pursuant to article nineteen-H of the  executive  law,
 in  consultation  with  the homeless child, where such homeless child is
 living in such program.
   c. School district of origin. The term  "school  district  of  origin"
 shall mean the school district within the state of New York in which the
 homeless  child was attending a public school OR PRESCHOOL on a tuition-
 free basis or was entitled to  attend  when  circumstances  arose  which
 caused such child to become homeless, which is different from the school
 district of current location. [Whenever the school district of origin is
 designated  pursuant to subdivision two of this section, the child shall
 be entitled to return to the school building where previously enrolled.]
 SCHOOL DISTRICT OF ORIGIN SHALL ALSO MEAN THE  SCHOOL  DISTRICT  IN  THE
 STATE  OF  NEW  YORK  IN WHICH THE CHILD WAS RESIDING WHEN CIRCUMSTANCES
 AROSE WHICH CAUSED SUCH CHILD TO  BECOME  HOMELESS  IF  SUCH  CHILD  WAS
 ELIGIBLE TO APPLY, REGISTER, OR ENROLL IN PUBLIC PRESCHOOL OR KINDERGAR-
 TEN  AT THE TIME SUCH CHILD BECAME HOMELESS, OR THE HOMELESS CHILD HAS A
 SIBLING WHO ATTENDS A SCHOOL IN THE SCHOOL DISTRICT IN WHICH  THE  CHILD
 WAS  RESIDING WHEN CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME
 HOMELESS.
   d. School district of current location. The term "school  district  of
 current location" shall mean the public school district within the state
 of  New York in which the hotel, motel, shelter or other temporary hous-
 ing arrangement of a homeless child,  or  the  residential  program  for
 runaway  and  homeless  youth,  is  located, which is different from the
 school district of origin. [Whenever  the  school  district  of  current
 location  is designated pursuant to subdivision two of this section, the
 child shall be entitled to attend the school that is zoned  for  his  or
 her  temporary location or any school that nonhomeless students who live

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

 in the same attendance zone in which the  homeless  child  or  youth  is
 temporarily residing are entitled to attend.]
   e.  Regional  placement plan. The term "regional placement plan" shall
 mean a comprehensive regional approach to the provision  of  educational
 placements  for homeless children which has been approved by the commis-
 sioner.
   F. FEEDER SCHOOL. THE TERM "FEEDER SCHOOL" SHALL MEAN:
   (1) A PRESCHOOL WHOSE STUDENTS ARE  ENTITLED  TO  ATTEND  A  SPECIFIED
 ELEMENTARY SCHOOL OR GROUP OF ELEMENTARY SCHOOLS UPON COMPLETION OF THAT
 PRESCHOOL;
   (2) A SCHOOL WHOSE STUDENTS ARE ENTITLED TO ATTEND A SPECIFIED ELEMEN-
 TARY, MIDDLE, INTERMEDIATE, OR HIGH SCHOOL OR GROUP OF SPECIFIED ELEMEN-
 TARY,  MIDDLE,  INTERMEDIATE,  OR  HIGH  SCHOOLS  UPON COMPLETION OF THE
 TERMINAL GRADE OF SUCH SCHOOL; OR
   (3) A SCHOOL THAT SENDS ITS STUDENTS TO A RECEIVING SCHOOL IN A NEIGH-
 BORING SCHOOL DISTRICT PURSUANT TO SECTION TWO THOUSAND  FORTY  OF  THIS
 CHAPTER.
   G.  PRESCHOOL. THE TERM "PRESCHOOL" SHALL MEAN A PUBLICLY FUNDED PREK-
 INDERGARTEN PROGRAM ADMINISTERED BY THE DEPARTMENT  OR  A  LOCAL  EDUCA-
 TIONAL  AGENCY  OR  A  HEAD START PROGRAM ADMINISTERED BY A LOCAL EDUCA-
 TIONAL AGENCY AND/OR SERVICES UNDER THE  INDIVIDUALS  WITH  DISABILITIES
 EDUCATION ACT ADMINISTERED BY A LOCAL EDUCATIONAL AGENCY.
   H. RECEIVING SCHOOL. THE TERM "RECEIVING SCHOOL" SHALL MEAN:
   (1)  A  SCHOOL  THAT  ENROLLS  STUDENTS  FROM  A SPECIFIED OR GROUP OF
 PRESCHOOLS, ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, INTERMEDIATE SCHOOLS, OR
 HIGH SCHOOLS; OR
   (2) A SCHOOL THAT ENROLLS STUDENTS FROM A FEEDER SCHOOL IN A NEIGHBOR-
 ING LOCAL EDUCATIONAL AGENCY PURSUANT TO SECTION TWO THOUSAND  FORTY  OF
 THIS CHAPTER.
   I.  SCHOOL  OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN A PUBLIC
 SCHOOL THAT A CHILD OR YOUTH ATTENDED WHEN PERMANENTLY  HOUSED,  OR  THE
 SCHOOL  IN  WHICH  THE  CHILD  OR  YOUTH  WAS LAST ENROLLED, INCLUDING A
 PRESCHOOL OR A CHARTER SCHOOL.  PROVIDED THAT, FOR A HOMELESS  CHILD  OR
 YOUTH  WHO  COMPLETES  THE  FINAL  GRADE  LEVEL  SERVED BY THE SCHOOL OF
 ORIGIN, THE TERM "SCHOOL OF ORIGIN" SHALL INCLUDE THE DESIGNATED RECEIV-
 ING SCHOOL AT THE NEXT GRADE LEVEL FOR ALL FEEDER SCHOOLS.    WHERE  THE
 CHILD  IS  ELIGIBLE  TO  ATTEND  SCHOOL IN THE SCHOOL DISTRICT OF ORIGIN
 BECAUSE THE CHILD BECOMES HOMELESS  AFTER  SUCH  CHILD  IS  ELIGIBLE  TO
 APPLY,  REGISTER,  OR  ENROLL IN THE PUBLIC PRESCHOOL OR KINDERGARTEN OR
 THE CHILD IS LIVING WITH A SCHOOL-AGE SIBLING WHO ATTENDS SCHOOL IN  THE
 SCHOOL DISTRICT OF ORIGIN, THE SCHOOL OF ORIGIN SHALL INCLUDE ANY PUBLIC
 SCHOOL  OR  PRESCHOOL  IN  WHICH  SUCH CHILD WOULD HAVE BEEN ENTITLED OR
 ELIGIBLE TO ATTEND BASED ON  SUCH  CHILD'S  LAST  RESIDENCE  BEFORE  THE
 CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS.
   2. Choice of district AND SCHOOL.
   a. The designator shall have the right to designate one of the follow-
 ing  as  the  school  district  within which the homeless child shall be
 entitled to attend upon instruction:
   (1) the school district of current location;
   (2) the school district of origin; or
   (3) a school district participating in a regional placement plan.
   b. THE DESIGNATOR SHALL ALSO HAVE THE RIGHT TO DESIGNATE  ONE  OF  THE
 FOLLOWING  AS  THE  SCHOOL  WHERE  A  HOMELESS CHILD SEEKS TO ATTEND FOR
 INSTRUCTION:
   (1) THE SCHOOL OF ORIGIN; OR

 S. 2006--C                          5                         A. 3006--C
 
   (2) ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH  WHO  LIVE  IN  THE
 ATTENDANCE  AREA  IN  WHICH  THE  CHILD  OR YOUTH IS ACTUALLY LIVING ARE
 ELIGIBLE TO ATTEND, INCLUDING A PRESCHOOL.
   C.  (1)  Notwithstanding  any  other provision of law to the contrary,
 where the public school district in which a homeless child is  temporar-
 ily  housed  is  the  [same school district the child was attending on a
 tuition-free basis or was entitled to attend  when  circumstances  arose
 which  caused  the  child to become homeless] SCHOOL DISTRICT OF ORIGIN,
 the homeless child shall be entitled  to  attend  the  schools  of  such
 district  without  the payment of tuition in accordance with subdivision
 one of section thirty-two hundred two of this article FOR  THE  DURATION
 OF  THE  HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH
 CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE  ADDITIONAL  YEAR  IF  THAT
 YEAR  CONSTITUTES  THE  CHILD'S  TERMINAL YEAR IN SUCH BUILDING.   [Such
 child may choose to remain in the public school building they previously
 attended until the end of the school year and for one additional year if
 that year constitutes the child's terminal year in such building in lieu
 of the school serving the attendance zone in which the temporary housing
 facility is located.]
   (2) Notwithstanding any other provision of law to the contrary,  where
 the [public] school [or school district] DISTRICT OF ORIGIN OR SCHOOL OF
 ORIGIN  THAT  a  homeless child was attending on a tuition-free basis or
 was entitled to attend when circumstances arose which caused  the  child
 to  become homeless is located [outside the state] IN NEW YORK STATE AND
 THE HOMELESS CHILD'S TEMPORARY  HOUSING  ARRANGEMENT  IS  LOCATED  IN  A
 CONTIGUOUS  STATE, the homeless child shall be [deemed a resident of the
 school district in which the hotel, motel, shelter  or  other  temporary
 housing  arrangement  of  the  child  is currently located and shall be]
 entitled to [attend the schools of  such  district  without  payment  of
 tuition in accordance with subdivision one of section thirty-two hundred
 two  of this article. Such district of residence shall not be considered
 a school district of origin or a school district of current location for
 purposes of this section] ATTEND THE SCHOOL OF ORIGIN OR ANY SCHOOL THAT
 NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTENDANCE AREA IN  WHICH
 THE  CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO ATTEND, INCLUDING
 A PRESCHOOL, SUBJECT  TO  A  BEST  INTEREST  DETERMINATION  PURSUANT  TO
 SUBPARAGRAPH  THREE OF PARAGRAPH F OF THIS SUBDIVISION, FOR THE DURATION
 OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN  WHICH  SUCH
 CHILD  BECOMES  PERMANENTLY  HOUSED  AND FOR ONE ADDITIONAL YEAR IF THAT
 YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  WHERE
 THE  CHILD'S TEMPORARY HOUSING ARRANGEMENT IS LOCATED IN NEW YORK STATE,
 THE HOMELESS CHILD SHALL BE ENTITLED TO ATTEND THE SCHOOL OF  ORIGIN  OR
 ANY  SCHOOL  THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND, INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST  DETERMINATION
 PURSUANT  TO  SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVISION, FOR
 THE DURATION OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN
 WHICH SUCH CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE ADDITIONAL  YEAR
 IF THAT YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   [c.] D. Notwithstanding the provisions of paragraph a of this subdivi-
 sion, a homeless child who has designated the school district of current
 location  as the district of attendance and who has relocated to another
 temporary housing arrangement outside of such district, or to a  differ-
 ent  attendance  zone or community school district within such district,
 shall be entitled to continue  [the  prior  designation  to  enable  the

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

 student  to  remain]  TO ATTEND in the same school building OR DESIGNATE
 ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN  THE  ATTEND-
 ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
 ATTEND,  INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION
 IN ACCORDANCE WITH SUBPARAGRAPH THREE OF PARAGRAPH F  OF  THIS  SUBDIVI-
 SION,  FOR  THE  DURATION  OF  THE HOMELESSNESS AND until the end of the
 school year IN WHICH THE CHILD BECOMES PERMANENTLY HOUSED  and  for  one
 additional  year  if  that year constitutes the child's terminal year in
 such building.
   [d.] E. Such designation shall be  made  on  forms  specified  by  the
 commissioner,  and  shall include the name of the child, the name of the
 parent or person in  parental  relation  to  the  child,  the  name  and
 location  of  the  temporary housing arrangement, the name of the school
 district of origin, the name of the school district  where  the  child's
 records  are  located, the complete address where the family was located
 at the time circumstances arose which caused such child to become  home-
 less  and any other information required by the commissioner. All school
 districts, temporary housing facilities operated or approved by a  local
 social  services  district,  and  residential facilities for runaway and
 homeless youth shall make such forms available AND SHALL ENSURE THAT THE
 COMPLETED DESIGNATION FORMS ARE GIVEN TO THE  LOCAL  EDUCATIONAL  AGENCY
 LIAISON  FOR THE LOCAL EDUCATIONAL AGENCY IN WHICH THE DESIGNATED SCHOOL
 IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE COMMISSIONER IN REGULATIONS.
 Where the homeless child is located  in  a  temporary  housing  facility
 operated  or approved by a local social services district, or a residen-
 tial facility for runaway and homeless youth, the director of the facil-
 ity or a person designated by the social services district, shall, with-
 in  two  business  days,  assist  the  designator  in   completing   the
 designation  forms  and  enrolling  the homeless child in the designated
 school district AND SHALL FORWARD THE COMPLETED DESIGNATION FORM TO  THE
 LOCAL  EDUCATIONAL  AGENCY  LIAISON  FOR THE LOCAL EDUCATIONAL AGENCY IN
 WHICH THE DESIGNATED SCHOOL IS LOCATED IN A TIMEFRAME PRESCRIBED BY  THE
 COMMISSIONER IN REGULATIONS.
   [e.]  F.  Upon  receipt of the designation form, the designated school
 district shall immediately:
   (1) REVIEW THE DESIGNATION FORM TO ENSURE THAT IT HAS BEEN COMPLETED;
   (2) admit the homeless child EVEN IF THE CHILD OR YOUTH IS  UNABLE  TO
 PRODUCE  RECORDS NORMALLY A REQUIREMENT FOR ENROLLMENT, SUCH AS PREVIOUS
 ACADEMIC RECORDS, RECORDS OF IMMUNIZATION AND/OR OTHER  REQUIRED  HEALTH
 RECORDS,  PROOF  OF  RESIDENCY OR OTHER DOCUMENTATION AND/OR EVEN IF THE
 CHILD HAS MISSED APPLICATION OR ENROLLMENT DEADLINES DURING  ANY  PERIOD
 OF  HOMELESSNESS,  IF APPLICABLE.  PROVIDED THAT NOTHING HEREIN SHALL BE
 CONSTRUED TO REQUIRE THE IMMEDIATE ATTENDANCE  OF  AN  ENROLLED  STUDENT
 LAWFULLY  EXCLUDED  FROM  SCHOOL  TEMPORARILY  PURSUANT  TO SECTION NINE
 HUNDRED SIX OF THIS CHAPTER BECAUSE  OF  A  COMMUNICABLE  OR  INFECTIOUS
 DISEASE THAT IMPOSES A SIGNIFICANT RISK OF INFECTION OF OTHERS;
   [(2)]  (3) DETERMINE WHETHER THE DESIGNATION MADE BY THE DESIGNATOR IS
 CONSISTENT WITH THE BEST INTERESTS OF THE HOMELESS CHILD  OR  YOUTH.  IN
 DETERMINING A HOMELESS CHILD'S BEST INTEREST, A LOCAL EDUCATIONAL AGENCY
 SHALL:
   (I)  PRESUME THAT KEEPING THE HOMELESS CHILD OR YOUTH IN THE SCHOOL OF
 ORIGIN IS IN THE CHILD'S OR YOUTH'S BEST INTEREST, EXCEPT WHEN DOING  SO
 IS  CONTRARY TO THE REQUEST OF THE CHILD'S PARENT OR GUARDIAN, OR IN THE
 CASE OF AN UNACCOMPANIED YOUTH, THE YOUTH;
   (II) CONSIDER STUDENT-CENTERED FACTORS, INCLUDING BUT NOT  LIMITED  TO
 FACTORS RELATED TO THE IMPACT OF MOBILITY ON ACHIEVEMENT, EDUCATION, THE

 S. 2006--C                          7                         A. 3006--C
 
 HEALTH  AND SAFETY OF THE HOMELESS CHILD, GIVING PRIORITY TO THE REQUEST
 OF THE CHILD'S OR YOUTH'S PARENT OR GUARDIAN OR THE YOUTH IN THE CASE OF
 AN UNACCOMPANIED YOUTH;
   (III)  IF  AFTER CONSIDERING STUDENT-CENTERED FACTORS AND CONDUCTING A
 BEST INTEREST SCHOOL  PLACEMENT  DETERMINATION,  THE  LOCAL  EDUCATIONAL
 AGENCY  DETERMINES  THAT IT IS NOT IN THE HOMELESS CHILD'S BEST INTEREST
 TO ATTEND THE SCHOOL OF ORIGIN OR THE SCHOOL DESIGNATED BY THE  DESIGNA-
 TOR,  THE LOCAL EDUCATIONAL AGENCY MUST PROVIDE A WRITTEN EXPLANATION OF
 THE REASONS FOR ITS DETERMINATION, IN A MANNER AND  FORM  UNDERSTANDABLE
 TO  SUCH PARENT, GUARDIAN, OR UNACCOMPANIED YOUTH.  THE INFORMATION MUST
 ALSO INCLUDE INFORMATION REGARDING THE  RIGHT  TO  A  TIMELY  APPEAL  IN
 ACCORDANCE  WITH  REGULATIONS OF THE COMMISSIONER. THE HOMELESS CHILD OR
 YOUTH MUST BE ENROLLED IN THE SCHOOL IN WHICH ENROLLMENT  IS  SOUGHT  BY
 THE DESIGNATOR DURING THE PENDENCY OF ALL AVAILABLE APPEALS;
   (4) treat the homeless child as a resident for all purposes;
   [(3)]  (5)  make  a  written  request to the school district where the
 child's records are located for a copy of such records; and
   [(4)] (6) forward the designation form to the [commissioner, and  the]
 school district of origin where applicable.
   [f.]  G. Within five days of receipt of a request for records pursuant
 to subparagraph [three] FIVE of paragraph [e] F of this subdivision, the
 school district shall forward, in a manner  consistent  with  state  and
 federal  law, a complete copy of the homeless child's records including,
 but not limited to, proof of age, academic records, evaluations, immuni-
 zation records, and guardianship papers, if applicable.
   [g.] H. WHERE THE SCHOOL OF ORIGIN IS A  CHARTER  SCHOOL,  THE  SCHOOL
 DISTRICT  DESIGNATED  PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED TO BE
 THE SCHOOL DISTRICT OF RESIDENCE OF SUCH CHILD FOR  PURPOSES  OF  FISCAL
 AND  PROGRAMMATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS CHAPTER
 AND SHALL BE RESPONSIBLE FOR TRANSPORTATION OF THE HOMELESS CHILD  IF  A
 SOCIAL SERVICES DISTRICT IS NOT OTHERWISE RESPONSIBLE PURSUANT TO SUBDI-
 VISION FOUR OF THIS SECTION.
   I.  The  commissioner  shall  promulgate regulations setting forth the
 circumstances pursuant to which a change in designation may be made  and
 establishing  a  procedure for the identification of the school district
 of origin.
   2-a. Notwithstanding any other provision of law to the contrary,  each
 local  educational agency, as such term is defined in subsection twenty-
 six of section ninety-one hundred one of the  Elementary  and  Secondary
 Education  Act  of 1965, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF
 2015, shall designate a local educational agency  liaison  for  homeless
 children  and  youths  and shall, consistent with the provisions of this
 section, otherwise comply with the applicable requirements of paragraphs
 three through seven of subsection (g) of section seven  hundred  twenty-
 two of subtitle B of title VII of the McKinney-Vento Assistance Act.
   3. Reimbursement.
   a.  Where  either  the school district of current location or a school
 district participating in a regional placement plan is designated as the
 district in which the homeless child shall attend upon  instruction  and
 such  homeless  child's  school  district  of  origin is within New York
 state, the school district providing  instruction,  INCLUDING  PRESCHOOL
 INSTRUCTION,  shall  be eligible for reimbursement by the department, as
 approved by  the  commissioner,  for  the  direct  cost  of  educational
 services,  not  otherwise  reimbursed  under  special  federal programs,
 calculated pursuant to regulations of the commissioner for the period of
 time for which such services are provided. The claim for such reimburse-

 S. 2006--C                          8                         A. 3006--C

 ment shall be in a form prescribed by the commissioner. The  educational
 costs for such children shall not be otherwise aidable or reimbursable.
   b.  The  school  district of origin shall reimburse the department for
 its expenditure for educational services on behalf of a  homeless  child
 pursuant  to  paragraph  a of this subdivision in an amount equal to the
 school district basic contribution, as such term is defined in  subdivi-
 sion  eight of section forty-four hundred one of this chapter, pro-rated
 for the period of time for which such services were provided in the base
 year by a school district other than the school district of origin. Upon
 certification by the commissioner, the comptroller shall deduct from any
 state funds which become due to the school district of origin an  amount
 equal  to  the reimbursement required to be made by such school district
 in accordance with this paragraph, and the amount so deducted shall  not
 be included in the operating expense of such district for the purpose of
 computing  the  approved  operating  expense  pursuant to paragraph t of
 subdivision one of section thirty-six hundred two of this chapter.
   4. Transportation.
   a. A social services district shall provide for the transportation  of
 each  homeless  child,  INCLUDING  THOSE  IN PRESCHOOL AND STUDENTS WITH
 DISABILITIES IDENTIFIED PURSUANT TO SECTIONS FORTY-FOUR HUNDRED ONE  AND
 FORTY-FOUR  HUNDRED  TWO  OF THIS CHAPTER WHOSE INDIVIDUALIZED EDUCATION
 PROGRAMS INCLUDE SPECIAL TRANSPORTATION SERVICES, who  is  eligible  for
 benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
 services law, to and from a temporary  housing  location  in  which  the
 child was placed by the social services district and the school attended
 by such child pursuant to this section, if such temporary housing facil-
 ity  is  located  outside  of the designated school district pursuant to
 paragraph a of subdivision  two  of  this  section.  A  social  services
 district  shall be authorized to contract with a board of education or a
 board of cooperative educational services  for  the  provision  of  such
 transportation.  WHERE  THE  SOCIAL  SERVICES DISTRICT REQUESTS THAT THE
 DESIGNATED SCHOOL DISTRICT OF ATTENDANCE PROVIDE OR ARRANGE  FOR  TRANS-
 PORTATION  FOR  A HOMELESS CHILD ELIGIBLE FOR TRANSPORTATION PURSUANT TO
 THIS PARAGRAPH, THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE  SHALL
 PROVIDE  OR  ARRANGE  FOR  THE  TRANSPORTATION  AND  THE SOCIAL SERVICES
 DISTRICT SHALL  FULLY  AND  PROMPTLY  REIMBURSE  THE  DESIGNATED  SCHOOL
 DISTRICT  OF  ATTENDANCE  FOR  THE  COST AS DETERMINED BY THE DESIGNATED
 SCHOOL DISTRICT. This paragraph shall apply  to  placements  made  by  a
 social  services district without regard to whether a payment is made by
 the district to the operator of the temporary housing facility.
   b. [The division for youth, to the extent funds are provided for  such
 purpose,  as  determined  by the director of the budget,] THE DESIGNATED
 SCHOOL DISTRICT OF ATTENDANCE shall provide for  the  transportation  of
 each  homeless  child who is living in a residential program for runaway
 and homeless youth established pursuant to  article  nineteen-H  of  the
 executive  law,  to  and  from  such residential program, and the school
 attended by such child pursuant to this section, if such temporary hous-
 ing location is located outside  the  designated  school  district.  The
 [division for youth or the director of a residential program for runaway
 and  homeless  youth] DESIGNATED DISTRICT OF ATTENDANCE shall be author-
 ized to contract with [a school district  or]  a  board  of  cooperative
 educational  services  OR A RESIDENTIAL PROGRAM FOR RUNAWAY AND HOMELESS
 YOUTH for the provision of such  transportation.  THE  DEPARTMENT  SHALL
 REIMBURSE  THE  DESIGNATED SCHOOL DISTRICT OF ATTENDANCE FOR THE COST OF
 TRANSPORTING SUCH CHILD TO AND FROM  THE  RESIDENTIAL  PROGRAM  AND  THE

 S. 2006--C                          9                         A. 3006--C

 SCHOOL  ATTENDED BY SUCH CHILD TO THE EXTENT FUNDS ARE PROVIDED FOR SUCH
 PURPOSE, AS DETERMINED BY THE DIRECTOR OF THE BUDGET.
   c.  Notwithstanding any other provision of law, any homeless child not
 entitled to receive transportation pursuant to [paragraph] PARAGRAPHS  a
 AND B of this subdivision who requires transportation in order to attend
 a  school  [district]  OF ORIGIN designated pursuant to [paragraph a of]
 subdivision two of this section [outside of the district in  which  such
 child  is  housed],  shall  be  entitled  to receive such transportation
 pursuant to this paragraph. [If the]  THE  designated  [school  district
 pursuant to paragraph a of subdivision two of this section is the school
 district  of  origin  or  a  school district participating in a regional
 placement plan, such] school district OF ATTENDANCE shall provide trans-
 portation to and from the child's temporary  housing  location  and  the
 school  [the child legally attends] OF ORIGIN. Such transportation shall
 not be in excess of fifty miles each way except where  the  commissioner
 certifies  that  transportation  in excess of fifty miles is in the best
 interest of the child. Any cost incurred for such transportation that is
 allowable pursuant to the applicable provision of parts two and three of
 article seventy-three of this chapter or herein, shall be aidable pursu-
 ant to subdivision seven of section thirty-six hundred two of this chap-
 ter, provided that the approved transportation expense shall not  exceed
 an  amount  determined  by  the  commissioner  to  be the total cost for
 providing the most cost-effective  mode  of  such  transportation  in  a
 manner  consistent  with  commissioner's regulations.   The commissioner
 shall promulgate regulations setting forth the circumstances pursuant to
 which parent  accompaniment  for  transportation  may  be  reimbursable,
 including  but not limited to: the age of the child; the distance of the
 transportation; the cost-effectiveness of the transportation; and wheth-
 er the child has a handicapping condition.
   d. Notwithstanding any other provision of law, where a homeless  child
 designates  the  school district of current location as the district the
 child will attend AND SUCH CHILD DOES NOT ATTEND THE SCHOOL  OF  ORIGIN,
 such  school  district shall provide transportation to such child on the
 same basis as a resident student.
   e. [Notwithstanding any other provision of law, if  a  homeless  child
 chooses  to  remain  in  the public school building the child previously
 attended pursuant to subparagraph one of paragraph b of subdivision  two
 of  this  section  or paragraph c of subdivision two of this section the
 school district shall provide transportation to  and  from  the  child's
 temporary  housing  location and the school the child legally attends if
 such temporary housing is located in  a  different  attendance  zone  or
 community  school district within such district. The cost of such trans-
 portation shall be reimbursed in accordance with the provisions of para-
 graph c of this subdivision.] WHERE THE DESIGNATED  SCHOOL  DISTRICT  OF
 ATTENDANCE  HAS  RECOMMENDED  THAT  THE  HOMELESS  CHILD ATTEND A SUMMER
 EDUCATIONAL PROGRAM AND THE LACK OF TRANSPORTATION POSES  A  BARRIER  TO
 SUCH CHILD'S PARTICIPATION IN THE SUMMER EDUCATIONAL PROGRAM, THE DESIG-
 NATED SCHOOL DISTRICT OF ATTENDANCE SHALL PROVIDE TRANSPORTATION.
   F.  THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE,  OR  THE SOCIAL
 SERVICES DISTRICT IF SUCH CHILD IS ELIGIBLE FOR TRANSPORTATION FROM  THE
 SOCIAL  SERVICES  DISTRICT  PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
 SHALL PROVIDE  OR  ARRANGE  FOR  TRANSPORTATION  TO  EXTRACURRICULAR  OR
 ACADEMIC ACTIVITIES WHERE:
   (1) THE HOMELESS CHILD PARTICIPATES IN OR WOULD LIKE TO PARTICIPATE IN
 AN  EXTRACURRICULAR  OR  ACADEMIC  ACTIVITY,  INCLUDING  AN AFTER-SCHOOL
 ACTIVITY, AT THE SCHOOL;

 S. 2006--C                         10                         A. 3006--C
 
   (2) THE HOMELESS CHILD MEETS THE RELEVANT ELIGIBILITY CRITERIA FOR THE
 ACTIVITY; AND
   (3) THE LACK OF TRANSPORTATION POSES A BARRIER TO SUCH CHILD'S PARTIC-
 IPATION IN THE ACTIVITY.
   G.  WHERE  THE  HOMELESS  CHILD  IS TEMPORARILY LIVING IN A CONTIGUOUS
 STATE AND HAS DESIGNATED A SCHOOL OF ORIGIN LOCATED IN THE STATE OF  NEW
 YORK, THE DESIGNATED SCHOOL DISTRICT IN NEW YORK STATE SHALL COLLABORATE
 WITH  THE  LOCAL  EDUCATIONAL  AGENCY IN WHICH SUCH CHILD IS TEMPORARILY
 LIVING  TO  ARRANGE  FOR  TRANSPORTATION  IN  ACCORDANCE  WITH   SECTION
 722(G)(1)(J)(III)(II) OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   H.  WHERE  THE  HOMELESS CHILD IS TEMPORARILY LIVING IN NEW YORK STATE
 AND CONTINUES TO ATTEND A SCHOOL  OF  ORIGIN  LOCATED  IN  A  CONTIGUOUS
 STATE, THE SCHOOL DISTRICT OF CURRENT LOCATION SHALL COORDINATE WITH THE
 LOCAL EDUCATIONAL AGENCY WHERE SUCH CHILD IS ATTENDING SCHOOL TO ARRANGE
 FOR  TRANSPORTATION  IN ACCORDANCE WITH SECTION 722(G)(1)(J)(III)(II) OF
 THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   I. TRANSPORTATION AS DESCRIBED IN THIS SUBDIVISION MUST BE PROVIDED TO
 THE HOMELESS CHILD BY THE DESIGNATED SCHOOL DISTRICT  OF  ATTENDANCE  OR
 THE  SOCIAL  SERVICES  DISTRICT  FOR  THE  DURATION OF HOMELESSNESS. THE
 DESIGNATED DISTRICT OF ATTENDANCE  MUST  TRANSPORT  THE  CHILD  FOR  THE
 REMAINDER  OF  THE  SCHOOL  YEAR  IN WHICH THE CHILD BECOMES PERMANENTLY
 HOUSED AND ONE ADDITIONAL YEAR IF  THAT  YEAR  CONSTITUTES  THE  CHILD'S
 TERMINAL YEAR IN THE DESIGNATED SCHOOL. SUCH TRANSPORTATION SHALL NOT BE
 IN  EXCESS  OF FIFTY MILES EACH WAY EXCEPT WHERE THE COMMISSIONER CERTI-
 FIES THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST  INTER-
 EST  OF THE CHILD. THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE SHALL BE
 ENTITLED TO REIMBURSEMENT FROM THE CURRENT SCHOOL DISTRICT IN WHICH  THE
 CHILD  BECOMES  PERMANENTLY HOUSED FOR ANY COST INCURRED FOR TRANSPORTA-
 TION FOR THE REMAINDER OF THE SCHOOL YEAR AFTER THE CHILD BECOMES PERMA-
 NENTLY HOUSED AND ONE ADDITIONAL  YEAR  IF  THAT  YEAR  CONSTITUTES  THE
 CHILD'S TERMINAL YEAR IN THE DESIGNATED SCHOOL.
   5. EACH SCHOOL DISTRICT SHALL:
   A.   ESTABLISH  PROCEDURES,  IN  ACCORDANCE  WITH  42  U.S.C.  SECTION
 11432(G)(3)(E), FOR THE PROMPT RESOLUTION OF DISPUTES  REGARDING  SCHOOL
 SELECTION OR ENROLLMENT OF A HOMELESS CHILD OR YOUTH, INCLUDING, BUT NOT
 LIMITED  TO,  DISPUTES  REGARDING  TRANSPORTATION  AND/OR  A  CHILD'S OR
 YOUTH'S STATUS AS A HOMELESS CHILD OR UNACCOMPANIED YOUTH;
   B. PROVIDE A WRITTEN EXPLANATION, INCLUDING A STATEMENT REGARDING  THE
 RIGHT  TO  APPEAL  PURSUANT TO 42 U.S.C. SECTION 11432(G)(3)(E)(II), THE
 NAME, POST OFFICE ADDRESS AND TELEPHONE NUMBER OF THE LOCAL  EDUCATIONAL
 AGENCY  LIAISON  AND  THE  FORM PETITION FOR COMMENCING AN APPEAL TO THE
 COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER OF  A
 FINAL DETERMINATION REGARDING ENROLLMENT, SCHOOL SELECTION AND/OR TRANS-
 PORTATION, TO THE HOMELESS CHILD'S OR YOUTH'S PARENT OR GUARDIAN, IF THE
 SCHOOL DISTRICT DECLINES TO EITHER ENROLL AND/OR TRANSPORT SUCH CHILD OR
 YOUTH  TO  THE  SCHOOL  OF ORIGIN OR A SCHOOL REQUESTED BY THE PARENT OR
 GUARDIAN; AND
   C. SHALL IMMEDIATELY ENROLL THE CHILD OR YOUTH IN THE SCHOOL IN  WHICH
 ENROLLMENT  IS  SOUGHT  PENDING FINAL RESOLUTION OF THE DISPUTE OVER THE
 SCHOOL DISTRICT'S FINAL DETERMINATION OF THE CHILD'S OR YOUTH'S HOMELESS
 STATUS, INCLUDING ALL AVAILABLE APPEALS  WITHIN  THE  LOCAL  EDUCATIONAL
 AGENCY  AND THE COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION THREE
 HUNDRED TEN OF THIS CHAPTER.
   6. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
 commissioner,  the commissioner of [social services, and the director of
 the division for youth] THE OFFICE OF TEMPORARY AND  DISABILITY  ASSIST-

 S. 2006--C                         11                         A. 3006--C
 
 ANCE  AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
 shall develop a plan to ensure coordination and access to education  for
 homeless children and shall annually review such plan.
   b.  The commissioner shall periodically monitor local school districts
 to ensure their compliance with the provisions of this article, and that
 such districts review and revise any  local  regulations,  policies,  or
 practices  that  may  act as barriers to the enrollment or attendance of
 homeless children in school or their receipt of comparable  services  as
 defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
   c.  School districts shall periodically report such information to the
 commissioner as he or she may require to carry out the purposes of  this
 section.
   [6.] 7. Public welfare officials, except as otherwise provided by law,
 shall  furnish  indigent  children with suitable clothing, shoes, books,
 food, transportation and other necessaries to enable them to attend upon
 instruction as required by law. Upon demonstration of need, such  neces-
 saries  shall  also  include transportation of indigent children for the
 purposes of evaluations pursuant to section forty-four  hundred  ten  of
 this  chapter and title II-A of article twenty-five of the public health
 law.
   [7.] 8. INFORMATION ABOUT A HOMELESS CHILD'S OR YOUTH'S  LIVING  SITU-
 ATION SHALL BE TREATED AS A STUDENT EDUCATIONAL RECORD, AND SHALL NOT BE
 DEEMED  TO  BE  DIRECTORY INFORMATION, UNDER THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015.
   9. EACH HOMELESS CHILD TO BE ASSISTED  UNDER  THIS  SECTION  SHALL  BE
 PROVIDED  SERVICES  COMPARABLE  TO SERVICES OFFERED TO OTHER STUDENTS IN
 THE SCHOOL SELECTED UNDER THIS SECTION, INCLUDING THE FOLLOWING:  TRANS-
 PORTATION  SERVICES;  EDUCATIONAL  SERVICES FOR WHICH THE CHILD OR YOUTH
 MEETS THE ELIGIBILITY CRITERIA, SUCH AS SERVICES PROVIDED UNDER TITLE  I
 OF  THE  ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 OR SIMILAR STATE
 OR LOCAL PROGRAMS; EDUCATIONAL PROGRAMS FOR CHILDREN WITH  DISABILITIES;
 EDUCATIONAL  PROGRAMS FOR ENGLISH LEARNERS; PROGRAMS IN CAREER AND TECH-
 NICAL EDUCATION; PROGRAMS FOR GIFTED AND TALENTED STUDENTS;  AND  SCHOOL
 NUTRITION PROGRAMS.
   10.  The  commissioner  may  promulgate  regulations  to carry out the
 purposes of this section.
   § 2. Paragraph a of subdivision 1 of section  3209  of  the  education
 law,  as added by chapter 569 of the laws of 1994, is amended to read as
 follows:
   a. Homeless child. For the purposes of this article, the  term  "home-
 less child" shall mean:
   (1)  a  child who lacks a fixed, regular, and adequate nighttime resi-
 dence, INCLUDING A CHILD OR YOUTH WHO IS:
   (I) SHARING THE HOUSING OF OTHER PERSONS DUE TO  A  LOSS  OF  HOUSING,
 ECONOMIC HARDSHIP OR A SIMILAR REASON;
   (II) LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE TO
 THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS;
   (III) ABANDONED IN HOSPITALS;
   (IV)  A MIGRATORY CHILD, AS DEFINED IN SUBSECTION TWO OF SECTION THIR-
 TEEN HUNDRED NINE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965,
 AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, WHO  QUALIFIES  AS
 HOMELESS  UNDER  ANY  OF  THE PROVISIONS OF CLAUSES (I) THROUGH (III) OF
 THIS SUBPARAGRAPH OR SUBPARAGRAPH TWO OF THIS PARAGRAPH; OR
   (V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED  TWEN-
 TY-FIVE  OF  SUBTITLE  B  OF  TITLE  VII  OF THE MCKINNEY-VENTO HOMELESS
 ASSISTANCE ACT; or

 S. 2006--C                         12                         A. 3006--C
 
   (2) a child who has a primary nighttime location that is:
   (i)  a  supervised  publicly or privately operated shelter designed to
 provide temporary living accommodations including, but not  limited  to,
 shelters operated or approved by the state or local department of social
 services, and residential programs for runaway and homeless youth estab-
 lished pursuant to article nineteen-H of the executive law; or
   (ii)  a  public  or private place not designed for, or ordinarily used
 as, a regular sleeping accommodation for human beings, INCLUDING A CHILD
 OR YOUTH WHO IS LIVING IN A CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING,
 SUBSTANDARD HOUSING, BUS OR TRAIN STATIONS OR SIMILAR SETTING.
   (3) the term "homeless child" shall not include a child in foster care
 PLACEMENT or receiving  educational  services  pursuant  to  subdivision
 four,  five,  six,  six-a  or seven of section thirty-two hundred two of
 this article or pursuant to article eighty-one, eighty-five, eighty-sev-
 en or eighty-eight of this chapter.
   § 3. This act shall take effect immediately; provided, however, that:
   (a) the amendments to paragraph a of subdivision 1 of section 3209  of
 the  education  law  made by section one of this act shall be subject to
 the expiration and reversion of such paragraph pursuant to section 5  of
 chapter  101  of  the  laws of 2003, as amended, when upon such date the
 provisions of section two of this act shall take effect;
   (b) the amendments to paragraph a-1 of subdivision 1 of  section  3209
 of  the  education  law made by section one of this act shall not affect
 the expiration of such paragraph and shall be deemed  to  expire  there-
 with; and
   (c) the amendments to subdivision 2-a of section 3209 of the education
 law  made by section one of this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.
 
                                  PART D
 
                           Intentionally Omitted
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G
 
                           Intentionally Omitted

                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
                           Intentionally Omitted

 S. 2006--C                         13                         A. 3006--C
 
                                  PART K
 
   Section  1.  This part enacts into law major components of legislation
 which are necessary for the financing of various child welfare services.
 Each component is  wholly  contained  within  a  subpart  identified  as
 subparts  A  through B. The effective date for each particular provision
 contained within a 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 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 three of this part
 sets forth the general effective date of this part.
 
                                 SUBPART A
 
   Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
 amending  the executive law and other laws relating to funding for chil-
 dren and family services, as amended by section 1 of part F  of  chapter
 57 of the laws of 2012, is amended to read as follows:
   §  28.  This act shall take effect immediately; provided that sections
 nine through eighteen and twenty through twenty-seven of this act  shall
 be  deemed  to  have been in full force and effect on and after April 1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002 except as provided in subdivision 9 of section 153-k of the  social
 services  law  as added by section fifteen of this act; provided further
 however, that nothing in this act shall authorize the office of children
 and family services to deny state reimbursement  to  a  social  services
 district for violations of the provisions of section 153-d of the social
 services  law  for  services provided from January 1, 1994 through March
 31, 2002; provided that section nineteen of this act shall  take  effect
 September  13,  2002  and  shall  expire and be deemed repealed June 30,
 2012; and, provided further, however, that notwithstanding  any  law  to
 the  contrary, the office of children and family services shall have the
 authority to promulgate, on an emergency  basis,  any  rules  and  regu-
 lations  necessary to implement the requirements established pursuant to
 this act; provided further, however, that the regulations to  be  devel-
 oped  pursuant  to section one of this act shall not be adopted by emer-
 gency rule; and provided further that the provisions  of  sections  nine
 through  eighteen  and  twenty  through  twenty-seven  of this act shall
 expire and be deemed repealed on June 30, [2017] 2022.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subdivision 10 of section 153 of the social  services  law,
 as  amended by section 2 of part O of chapter 58 of the laws of 2011, is
 amended to read as follows:
   10. Expenditures made by a social services district  for  the  mainte-
 nance  of children with disabilities, placed by school districts, pursu-
 ant to section forty-four hundred five of the education  law  shall,  if
 approved  by  the  office of children and family services, be subject to
 eighteen and four hundred twenty-four thousandths percent  reimbursement
 by  the  state and thirty-eight and four hundred twenty-four thousandths
 percent reimbursement by school districts, EXCEPT  FOR  SOCIAL  SERVICES

 S. 2006--C                         14                         A. 3006--C
 
 DISTRICTS  LOCATED  WITHIN  A  CITY  WITH A POPULATION OF ONE MILLION OR
 MORE, WHERE SUCH EXPENDITURES SHALL BE SUBJECT TO  FIFTY-SIX  AND  EIGHT
 HUNDRED  FORTY-EIGHT  THOUSANDTHS  PERCENT  REIMBURSEMENT  BY THE SCHOOL
 DISTRICT,  in  accordance with paragraph c of subdivision one of section
 forty-four hundred five of the  education  law,  after  first  deducting
 therefrom  any  federal  funds  received or to be received on account of
 such expenditures, except that in the case  of  a  student  attending  a
 state-operated  school for the deaf or blind pursuant to article eighty-
 seven or eighty-eight of the education law who was not  placed  in  such
 school  by a school district such expenditures shall be subject to fifty
 percent reimbursement by the state after first deducting  therefrom  any
 federal funds received or to be received on account of such expenditures
 and  there  shall be no reimbursement by school districts. Such expendi-
 tures shall not be subject to the  limitations  on  state  reimbursement
 contained  in  subdivision  two  of section one hundred fifty-three-k of
 this title. In the event of the failure of the school district  to  make
 the  maintenance payment pursuant to the provisions of this subdivision,
 the state comptroller shall withhold state  reimbursement  to  any  such
 school  district in an amount equal to the unpaid obligation for mainte-
 nance and pay over such sum to the social services district upon certif-
 ication of the  commissioner  of  the  office  of  children  and  family
 services  and  the commissioner of education that such funds are overdue
 and owed by such school district.   The commissioner of  the  office  of
 children  and  family services, in consultation with the commissioner of
 education, shall promulgate regulations to implement the  provisions  of
 this subdivision.
   §  2.  Paragraph  (a)  of subdivision 2 of section 153-k of the social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a) Notwithstanding the provisions of this chapter or of any other law
 to the contrary, eligible expenditures by a social services district for
 foster care services shall be subject to reimbursement with state  funds
 only  to  the  extent  of annual appropriations to the state foster care
 block grant. Such foster care services shall  include  expenditures  for
 the  provision and administration of: care, maintenance, supervision and
 tuition; supervision of foster children placed in federally  funded  job
 corps programs; and care, maintenance, supervision and tuition for adju-
 dicated  juvenile  delinquents and persons in need of supervision placed
 in residential programs operated by authorized agencies and  in  out-of-
 state  residential  programs;  EXCEPT  THAT,  NOTWITHSTANDING  ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, REIMBURSEMENT WITH STATE FUNDS  PURSU-
 ANT  TO  THE  STATE  FOSTER  CARE BLOCK GRANT SHALL NOT BE AVAILABLE FOR
 TUITION EXPENDITURES FOR FOSTER CHILDREN, INCLUDING PERSONS IN  NEED  OF
 SUPERVISION  AND  ADJUDICATED  JUVENILE  DELINQUENTS,  MADE  BY A SOCIAL
 SERVICES DISTRICT LOCATED WITHIN A  CITY  HAVING  A  POPULATION  OF  ONE
 MILLION  OR MORE.   Social services districts must develop and implement
 children and family services  delivery  systems  that  are  designed  to
 reduce  the  need  for and the length of foster care placements and must
 document their efforts in the multi-year consolidated services plan  and
 the  annual implementation reports submitted pursuant to section thirty-
 four-a of this chapter.
   § 3. Paragraph c of subdivision 1 of section  4405  of  the  education
 law,  as  amended  by  section  1 of part O of chapter 58 of the laws of
 2011, is amended to read as follows:
   c. Expenditures made by a social services district for the maintenance
 of a child with a disability placed in a residential  school  under  the

 S. 2006--C                         15                         A. 3006--C
 
 provisions  of  this article, including a child with a disability placed
 by a school district committee on special  education  pursuant  to  this
 article  in  a special act school district, or a state school subject to
 the  provisions  of articles eighty-seven and eighty-eight of this chap-
 ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four
 thousandths  percent]  reimbursement  by  the child's school district of
 residence pursuant to the provisions of subdivision ten of  section  one
 hundred  fifty-three  of  the  social  services  law. The amount of such
 reimbursement shall be a charge upon such school district of residence.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to subdivision 10 of section 153 of the social services
 law made by section one of this act shall not affect the  expiration  of
 such  subdivision and shall expire therewith; and the amendments made to
 paragraph (a) of subdivision 2 of section 153-k of the  social  services
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.
   § 2. Severability. If any clause, sentence, paragraph, subdivision  or
 section  of this part shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate the remainder thereof, but shall be confined in its  operation  to
 the clause, sentence, paragraph, subdivision or section 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 part would have been enacted even if such  invalid  provisions  had
 not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of subparts A and B of this part shall  be
 as specifically set forth in the last section of such subparts.
 
                                  PART L
 
   Section  1.  Paragraph (iii) of subdivision (e) of section 1012 of the
 family court act, as amended by chapter 320 of  the  laws  of  2006,  is
 amended to read as follows:
   (iii)  (A)  commits, or allows to be committed an offense against such
 child defined in article one  hundred  thirty  of  the  penal  law;  (B)
 allows,  permits or encourages such child to engage in any act described
 in sections 230.25, 230.30 and 230.32 of the penal law; (C) commits  any
 of the acts described in sections 255.25, 255.26 and 255.27 of the penal
 law;  [or]  (D) allows such child to engage in acts or conduct described
 in article two hundred sixty-three of the penal law; OR (E)  PERMITS  OR
 ENCOURAGES  SUCH  CHILD  TO ENGAGE IN ANY ACT OR COMMITS OR ALLOWS TO BE
 COMMITTED AGAINST SUCH CHILD ANY OFFENSE THAT WOULD  RENDER  SUCH  CHILD
 EITHER  A VICTIM OF SEX TRAFFICKING OR A VICTIM OF SEVERE FORMS OF TRAF-
 FICKING IN PERSONS PURSUANT TO 22 U.S.C. 7102 AS ENACTED BY  PUBLIC  LAW
 106-386  OR  ANY  SUCCESSOR FEDERAL STATUTE; (F) provided, however, that
 [(a)] (1) the corroboration requirements contained in the penal law  and
 [(b)] (2) the age requirement for the application of article two hundred
 sixty-three  of such law shall not apply to proceedings under this arti-
 cle.
   § 2. This act shall take effect immediately.
 
                                  PART M

 S. 2006--C                         16                         A. 3006--C
 
   Section 1. Paragraph a of subdivision 2 of section 420 of  the  execu-
 tive law, as amended by section 3 of part G of chapter 57 of the laws of
 2013, is amended to read as follows:
   a.  (1) A municipality may submit to the office of children and family
 services a plan for the providing of services for runaway  and  homeless
 youth,  as  defined  in  article  nineteen-H of this chapter. Where such
 municipality is receiving state aid pursuant to paragraph a of  subdivi-
 sion  one of this section, such runaway and homeless youth plan shall be
 submitted as part of the comprehensive plan and shall be consistent with
 the goals and objectives therein.
   (2) A runaway and homeless youth plan shall be developed in  consulta-
 tion  with  the municipal youth bureau and the county or city department
 of social services, shall be in accordance with the regulations  of  the
 office  of children and family services, shall provide for a coordinated
 range of services for runaway and  homeless  youth  and  their  families
 including preventive, temporary shelter, transportation, counseling, and
 other  necessary  assistance,  and shall provide for the coordination of
 all available county resources for runaway and homeless youth and  their
 families  including  services  available  through  the  municipal  youth
 bureau, the county or city department of social services,  local  boards
 of  education,  local  drug  and  alcohol  programs and organizations or
 programs which have past experience dealing with  runaway  and  homeless
 youth. [Such]
   (3) IN ITS plan A MUNICIPALITY may:
   (I)  include  provisions  for  transitional independent living support
 programs [for homeless youth between the ages of sixteen and twenty-one]
 AND RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS as  provided  in
 article nineteen-H of this chapter;
   (II) AUTHORIZE SERVICES UNDER ARTICLE NINETEEN-H OF THIS CHAPTER TO BE
 PROVIDED  TO  HOMELESS  YOUNG ADULTS, AS SUCH TERM IS DEFINED IN SECTION
 FIVE HUNDRED THIRTY-TWO-A OF THIS CHAPTER;
   (III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED IN  ACCORDANCE
 WITH ANY OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (A)  PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED
 THIRTY-TWO-B;
   (B) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D;
   (C)  PARAGRAPH  (C) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY-
 TWO-B;
   (D) PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D;
   (E)  TO ALLOW A YOUTH UNDER THE AGE OF SIXTEEN TO BE SERVED IN A TRAN-
 SITIONAL INDEPENDENT LIVING SUPPORT  PROGRAM  PURSUANT  TO  SUBPARAGRAPH
 (II)  OF  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED THIR-
 TY-TWO-D; AND
   (IV) IF A MUNICIPALITY PROVIDES SHELTER IN ACCORDANCE WITH ITEMS  (C),
 (D) AND (E) OF CLAUSE (III) OF THIS SUBPARAGRAPH, THEN SUCH MUNICIPALITY
 SHALL,  WITHIN  SIXTY  DAYS,  NOTIFY  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES IN WRITING OF THE CIRCUMSTANCES  THAT  MADE  THE  PROVISION  OF
 SHELTER NECESSARY, EFFORTS MADE BY THE PROGRAM TO FIND SUITABLE ALTERNA-
 TIVE  LIVING  ARRANGEMENTS  FOR  SUCH  YOUTH,  AND  THE  OUTCOME OF SUCH
 EFFORTS. IF THE OFFICE DETERMINES THAT SUCH SHELTER  WAS  INAPPROPRIATE,
 THE  OFFICE  MAY  INSTRUCT  THE  PROGRAM  ON HOW TO SEEK A MORE SUITABLE
 ALTERNATIVE LIVING ARRANGEMENT.
   (4) Such plan shall also provide for the designation and duties of the
 runaway and homeless youth service coordinator defined in  section  five

 S. 2006--C                         17                         A. 3006--C
 
 hundred  thirty-two-a  of this chapter who is available on a twenty-four
 hour basis and maintains information concerning available shelter space,
 transportation and services.
   (5) Such plan may include provision for the per diem reimbursement for
 residential  care  of runaway and homeless youth in [approved] CERTIFIED
 RESIDENTIAL runaway AND HOMELESS YOUTH  programs  which  are  authorized
 agencies[,  provided that such per diem reimbursement shall not exceed a
 total of thirty days for any one youth].
   § 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
 subdivisions 1 and 2 as amended by chapter 800  of  the  laws  of  1985,
 subdivisions  4 and 6 as amended by section 6 of part G of chapter 57 of
 the laws of 2013, are amended, and a new subdivision 9 is added, to read
 as follows:
   1. "Runaway youth" shall mean a person under the age of eighteen years
 who is absent from his OR HER legal residence without the consent of his
 OR HER parent, legal guardian or custodian.
   2. "Homeless youth" shall mean:
   (A) a person under the age of [twenty-one] EIGHTEEN who is in need  of
 services  and  is  without a place of shelter where supervision and care
 are available; OR
   (B) A PERSON WHO IS UNDER THE AGE OF TWENTY-ONE BUT IS  AT  LEAST  AGE
 EIGHTEEN  AND WHO IS IN NEED OF SERVICES AND IS WITHOUT A PLACE OF SHEL-
 TER.
   (C) PROVIDED HOWEVER, WHEN  A  MUNICIPALITY'S  APPROVED  COMPREHENSIVE
 PLAN  AUTHORIZES  THAT  SERVICES PURSUANT TO THIS ARTICLE BE PROVIDED TO
 "HOMELESS YOUNG ADULTS" AS SUCH TERM IS DEFINED IN  THIS  SECTION,  THEN
 FOR  PURPOSES  RELATED TO THE PROVISIONS OF THAT MUNICIPALITY'S APPROVED
 COMPREHENSIVE PLAN THAT INCLUDE "HOMELESS YOUNG ADULTS", THE TERM "HOME-
 LESS YOUTH" AS USED IN THIS ARTICLE SHALL BE DEEMED TO INCLUDE "HOMELESS
 YOUNG ADULTS".
   4. "[Approved runaway] RUNAWAY  AND  HOMELESS  YOUTH  CRISIS  SERVICES
 program" shall mean:
   (A) any non-residential program approved by the office of children and
 family  services, after submission by the municipality[,] as part of its
 comprehensive plan, THAT PROVIDES SERVICES TO RUNAWAY YOUTH AND HOMELESS
 YOUTH IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF  CHILDREN  AND
 FAMILY SERVICES; or
   (B) any residential [facility] PROGRAM which is operated by an author-
 ized  agency  as  defined  in  subdivision  ten of section three hundred
 seventy-one of the social services law, and [approved] CERTIFIED by  the
 office  of children and family services [after submission by the munici-
 pality as part of its comprehensive plan, established and  operated]  to
 provide  SHORT-TERM  RESIDENTIAL  services to runaway YOUTH and homeless
 youth in accordance with the APPLICABLE regulations  of  the  office  of
 temporary and disability assistance and the office of children and fami-
 ly services. [Such]
   (C)  RUNAWAY  AND  HOMELESS  YOUTH  CRISIS  SERVICES programs may also
 provide non-residential crisis intervention and, IF CERTIFIED,  residen-
 tial respite services to youth in need of crisis intervention or respite
 services,  as SUCH TERM IS defined in this section.  Residential respite
 services in [an approved] A CERTIFIED runaway AND HOMELESS YOUTH  CRISIS
 SERVICES  program may be provided TO SUCH YOUTH for no more than twenty-
 one days, in accordance with the regulations of the office  of  children
 and  family services AND SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY
 COURT ACT.
   6. "Transitional independent living support program" shall mean:

 S. 2006--C                         18                         A. 3006--C
 
   (A) any non-residential program approved by the office of children and
 family services, after submission by the municipality  as  part  of  its
 comprehensive  plan,  [or]  THAT  PROVIDES SUPPORTIVE SERVICES TO ENABLE
 HOMELESS YOUTH TO PROGRESS FROM CRISIS CARE  AND  TRANSITIONAL  CARE  TO
 INDEPENDENT LIVING, IN ACCORDANCE WITH THE APPLICABLE REGULATIONS OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES; OR
   (B)  any  residential [facility approved by the office of children and
 family services after submission by the  municipality  as  part  of  its
 comprehensive  plan to offer youth development programs,] PROGRAM estab-
 lished and operated to provide supportive services, [for a period of  up
 to  eighteen months] in accordance with the regulations of the office of
 children and family services, to enable homeless youth [between the ages
 of sixteen and twenty-one] to progress from crisis care and transitional
 care to independent living.
   [Such] (C) A transitional independent living support program may  also
 provide  services  to  youth  in  need of crisis intervention or respite
 services. Notwithstanding the time limitation in paragraph (i) of subdi-
 vision (d) of section seven hundred thirty-five of the family court act,
 residential respite services may be provided in a transitional independ-
 ent living support program for a period of more than twenty-one days.
   9. "HOMELESS YOUNG ADULT" SHALL MEAN A PERSON WHO IS  AGE  TWENTY-FOUR
 OR YOUNGER BUT IS AT LEAST AGE TWENTY-ONE AND WHO IS IN NEED OF SERVICES
 AND IS WITHOUT A PLACE OF SHELTER.
   §  3.  Section  532-b of the executive law, as added by chapter 722 of
 the laws of 1978, the opening paragraph of subdivision 1 as  amended  by
 chapter  182  of  the  laws  of  2002, paragraph (a) of subdivision 1 as
 amended by section 15 of part E of chapter 57 of the laws of 2005, para-
 graph (e) of subdivision 1 as amended by chapter  569  of  the  laws  of
 1994,  and subdivision 2 as amended by section 7 of part G of chapter 57
 of the laws of 2013, is amended to read as follows:
   § 532-b. Powers and duties of [approved] runaway [program]  AND  HOME-
 LESS  YOUTH  CRISIS  SERVICES  PROGRAMS.  1.   Notwithstanding any other
 provision of law, pursuant to regulations of the office of children  and
 family  services  [an  approved]  A  runaway  AND  HOMELESS YOUTH CRISIS
 SERVICES program is authorized to and shall:
   (a) provide assistance to any runaway or homeless youth  or  youth  in
 need of crisis intervention or respite services as defined in this arti-
 cle;
   (b) attempt to determine the cause for the youth's runaway or homeless
 status;
   (c)  explain  to  the runaway [and] OR homeless youth his OR HER legal
 rights and options of service  or  other  assistance  available  to  the
 youth;
   (d) work towards reuniting such youth with his OR HER parent or guard-
 ian as soon as practicable in accordance with section five hundred thir-
 ty-two-c of this article;
   (e) assist in arranging for necessary services for runaway or homeless
 youth,  and where appropriate, their families, including but not limited
 to food, shelter, clothing, medical care, education and  individual  and
 family  counseling.  Where  the  [approved]  runaway  AND HOMELESS YOUTH
 CRISIS SERVICES program concludes that such runaway  or  homeless  youth
 would  be  eligible for assistance, care or services from a local social
 services district, it shall assist the youth in  securing  such  assist-
 ance, care or services as the youth is entitled to; [and]
   (f)  immediately report to the [local child protective service] STATE-
 WIDE CENTRAL REGISTER OF CHILD  ABUSE  AND  MALTREATMENT  OR  VULNERABLE

 S. 2006--C                         19                         A. 3006--C
 
 PERSONS' CENTRAL REGISTER, AS APPROPRIATE, where it has reasonable cause
 to  suspect  that  the  runaway  or  homeless  youth  has been abused or
 neglected or when such youth maintains such to be the case[.];
   (G)  CONTACT  THE  APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT IS
 BELIEVED THAT THE YOUTH MAY BE  A  DESTITUTE  CHILD,  AS  SUCH  TERM  IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT.  THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES SHALL PROVIDE APPROPRIATE GUID-
 ANCE TO THE RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAM ON HOW TO
 ACCURATELY IDENTIFY A YOUTH THAT MAY BE A DESTITUTE CHILD; AND
   (H) PROVIDE INFORMATION TO  ELIGIBLE  YOUTH  ABOUT  THEIR  ABILITY  TO
 RE-ENTER  FOSTER  CARE  IN  ACCORDANCE  WITH ARTICLE TEN-B OF THE FAMILY
 COURT ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH  YOUTH  WHO  MAY  BE
 INTERESTED  IN  RE-ENTERING  FOSTER  CARE TO THE APPLICABLE LOCAL SOCIAL
 SERVICES DISTRICT. THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  SHALL
 PROVIDE  THE RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAM WITH THE
 APPROPRIATE EDUCATIONAL MATERIALS TO GIVE TO  ELIGIBLE  YOUTH  REGARDING
 THEIR ABILITY TO RE-ENTER FOSTER CARE. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  SHALL  ALSO  PROVIDE  APPROPRIATE  GUIDANCE TO THE RUNAWAY AND
 HOMELESS YOUTH CRISIS SERVICES PROGRAM ON  HOW  TO  ACCURATELY  IDENTIFY
 YOUTH THAT MAY BE ELIGIBLE TO RE-ENTER FOSTER CARE AND HOW TO REFER SUCH
 YOUTH TO THE APPLICABLE LOCAL SOCIAL SERVICES DISTRICT IF APPROPRIATE.
   2.  [The] (A) A runaway youth may remain in [the] A CERTIFIED RESIDEN-
 TIAL RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES program on  a  voluntary
 basis  for  a period not to exceed thirty days, OR FOR A YOUTH AGE FOUR-
 TEEN OR OLDER FOR A PERIOD UP TO  SIXTY  DAYS  WHEN  AUTHORIZED  IN  THE
 APPLICABLE  MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN, from the date of
 admission where the filing of a petition pursuant to article ten of  the
 family  court act is not contemplated, in order that arrangements can be
 made for the runaway youth's return home, alternative residential place-
 ment pursuant to  section  three  hundred  ninety-eight  of  the  social
 services law, or any other suitable plan.
   (B)  If  the  runaway  youth  and  the  parent,  guardian or custodian
 agree[,] in writing, the runaway youth may remain in [the runaway]  SUCH
 program up to sixty days, OR UP TO  ONE HUNDRED TWENTY DAYS WHEN AUTHOR-
 IZED  IN  THE  APPLICABLE  MUNICIPALITY'S  APPROVED COUNTY COMPREHENSIVE
 PLAN, without the filing of a petition pursuant to article  ten  of  the
 family  court  act,  provided  that  in any such case the facility shall
 first have obtained the approval of the applicable municipal runaway AND
 HOMELESS YOUTH SERVICES coordinator, who shall notify the municipality's
 youth bureau of his or her approval together with a statement as to  the
 reason   why  such  additional  residential  stay  is  necessary  and  a
 description of the efforts  being  made  to  find  suitable  alternative
 living arrangements for such youth.
   (C)  A RUNAWAY YOUTH MAY REMAIN IN A CERTIFIED RESIDENTIAL RUNAWAY AND
 HOMELESS YOUTH CRISIS SERVICES  PROGRAM  BEYOND  THE  APPLICABLE  PERIOD
 AUTHORIZED  BY  PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, IF THE MUNICI-
 PALITY HAS NOTIFIED THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  IN
 ACCORDANCE  WITH  CLAUSE  (IV)  OF  SUBPARAGRAPH THREE OF PARAGRAPH A OF
 SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY OF THIS CHAPTER.
   § 4. Section 532-c of the executive law, as added by  chapter  722  of
 the laws of 1978, is amended to read as follows:
   § 532-c. Notice to parent; return of runaway youth to parent; alterna-
 tive  living arrangements.   1. The staff of [the] A RESIDENTIAL RUNAWAY
 AND HOMELESS YOUTH CRISIS SERVICES program shall, to the maximum  extent
 possible,  preferably  within  twenty-four hours but within no more than
 seventy-two hours following the  youth's  admission  into  the  program,

 S. 2006--C                         20                         A. 3006--C
 
 notify  such runaway youth's parent, guardian or custodian of his or her
 physical and emotional condition, and the circumstances surrounding  the
 runaway  youth's  presence  at  the program, unless there are compelling
 circumstances  why  the  parent,  guardian or custodian should not be so
 notified. Where such circumstances exist, the [runaway] program director
 or his OR HER designee shall either file an appropriate petition in  the
 family  court, refer the youth to the local social services district, or
 in instances where abuse or  neglect  is  suspected,  report  such  case
 pursuant to title six of article six of the social services law.
   2.  Where  custody of the youth upon leaving the [approved] program is
 assumed by a relative or other person, other than the parent or  guardi-
 an,  the  staff of the program shall so notify the parent or guardian as
 soon as practicable after the release of the youth. The officers, direc-
 tors or employees of [an approved runaway] THE program shall  be  immune
 from  any  civil or criminal liability for or arising out of the release
 of a runaway or homeless youth to a relative or other responsible person
 other than a parent or guardian.
   § 5. Section 532-d of the executive law, as amended by chapter 182  of
 the  laws  of  2002, subdivisions (e) and (g) as amended and subdivision
 (f) as added by section 16 of part E of chapter 57 of the laws of  2005,
 is amended to read as follows:
   § 532-d. Residential [facilities operated as] transitional independent
 living  support  programs. Notwithstanding any inconsistent provision of
 law, pursuant to regulations  of  the  office  of  children  and  family
 services,  residential  facilities operating as transitional independent
 living support programs are authorized to and shall:
   [(a)] 1. (A) (I) provide shelter to homeless youth [between  the  ages
 of  sixteen  and twenty-one as defined in this article] WHO ARE AT LEAST
 AGE SIXTEEN.
   (II) PROVIDED, HOWEVER, THAT SHELTER MAY BE  PROVIDED  TO  A  HOMELESS
 YOUTH  UNDER  THE  AGE  OF  SIXTEEN IF THE MUNICIPALITY HAS NOTIFIED THE
 OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH CLAUSE (IV) OF
 SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION  TWO  OF  SECTION  FOUR
 HUNDRED TWENTY OF THIS CHAPTER.
   (B)  SHELTER  MAY  BE  PROVIDED  TO A HOMELESS YOUTH IN A TRANSITIONAL
 INDEPENDENT LIVING PROGRAM FOR A PERIOD OF UP TO EIGHTEEN MONTHS, OR  UP
 TO  TWENTY-FOUR  MONTHS WHEN AUTHORIZED IN THE APPLICABLE MUNICIPALITY'S
 APPROVED COMPREHENSIVE PLAN;
   (C) A HOMELESS YOUTH WHO ENTERED  A  TRANSITIONAL  INDEPENDENT  LIVING
 PROGRAM  UNDER  THE  AGE  OF  TWENTY-ONE MAY CONTINUE TO RECEIVE SHELTER
 SERVICES IN SUCH PROGRAM BEYOND  THE  APPLICABLE  PERIOD  AUTHORIZED  BY
 PARAGRAPH  (B) OF THIS SUBDIVISION, IF THE MUNICIPALITY HAS NOTIFIED THE
 OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH CLAUSE (IV) OF
 SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION  TWO  OF  SECTION  FOUR
 HUNDRED TWENTY OF THIS CHAPTER;
   [(b)]  2.  work  toward  reuniting such homeless youth with his OR HER
 parent, guardian or custodian, where possible;
   [(c)] 3. provide or assist in securing  necessary  services  for  such
 homeless  youth, and where appropriate, his OR HER family, including but
 not limited to housing, educational, medical care, legal, mental health,
 and substance and alcohol abuse services. Where such  program  concludes
 that  such  homeless  youth  would  be  eligible for assistance, care or
 services from a local social services district,  it  shall  assist  such
 youth in securing such assistance, care or services;
   [(d)]  4. for a homeless youth whose service plan involves independent
 living, provide practical assistance in achieving  independence,  either

 S. 2006--C                         21                         A. 3006--C
 
 through  direct provision of services or through written agreements with
 other community and public agencies for the provision of services in the
 following areas; high school education or high school equivalency educa-
 tion; higher education assessment; job training and job placement; coun-
 seling;  assistance in the development of socialization skills; guidance
 and assistance in securing housing appropriate to needs and income;  and
 training  in  the  development of skills necessary for responsible inde-
 pendent living, including but not limited to money and home  management,
 personal care, and health maintenance; and
   [(e)]  5.  provide  residential  services to a youth in need of crisis
 intervention or respite services, as defined in this article; [and]
   [(f)] 6. continue to provide services to a homeless youth who  is  not
 yet eighteen years of age but who has reached the [eighteen month] maxi-
 mum  TIME  PERIOD  provided by PARAGRAPH (B) OF subdivision [six] ONE of
 THIS section [five hundred thirty-two-a of this article],  until  he  or
 she  is  eighteen  years of age or for an additional six months if he or
 she is still under the age of eighteen; and
   [(g)] 7.  CONTACT THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT
 IS BELIEVED THAT THE YOUTH MAY BE A DESTITUTE CHILD,  AS  SUCH  TERM  IS
 DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT.  THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES SHALL PROVIDE APPROPRIATE GUID-
 ANCE TO THE RESIDENTIAL TRANSITIONAL INDEPENDENT LIVING SUPPORT  PROGRAM
 ON HOW TO ACCURATELY IDENTIFY A YOUTH THAT MAY BE A DESTITUTE CHILD;
   8. PROVIDE INFORMATION TO ELIGIBLE YOUTH ABOUT THEIR ABILITY TO RE-EN-
 TER  FOSTER  CARE  IN  ACCORDANCE WITH ARTICLE TEN-B OF THE FAMILY COURT
 ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH YOUTH WHO  MAY  BE  INTER-
 ESTED IN RE-ENTERING FOSTER CARE TO THE APPLICABLE LOCAL SOCIAL SERVICES
 DISTRICT.   THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE THE
 RESIDENTIAL TRANSITIONAL INDEPENDENT LIVING  SUPPORT  PROGRAM  WITH  THE
 APPROPRIATE  EDUCATIONAL  MATERIALS  TO GIVE TO ELIGIBLE YOUTH REGARDING
 THEIR ABILITY TO RE-ENTER FOSTER CARE. THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL ALSO PROVIDE  APPROPRIATE  GUIDANCE  TO  THE  RESIDENTIAL
 TRANSITIONAL  INDEPENDENT  LIVING  SUPPORT  PROGRAM ON HOW TO ACCURATELY
 IDENTIFY YOUTH THAT MAY BE ELIGIBLE TO RE-ENTER FOSTER CARE AND  HOW  TO
 REFER  SUCH  YOUTH  TO  THE APPLICABLE LOCAL SOCIAL SERVICES DISTRICT IF
 APPROPRIATE; AND
   9. provide such reports and data as specified by the office  of  chil-
 dren and family services.
   §  6.  The  executive  law is amended by adding a new section 532-f to
 read as follows:
   § 532-F. REQUIRED CERTIFICATION FOR RESIDENTIAL  PROGRAMS.    NOTWITH-
 STANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, ANY RESIDENTIAL
 PROGRAM ESTABLISHED FOR THE PURPOSE  OF  SERVING  RUNAWAY  AND  HOMELESS
 YOUTH  THAT  SERVES  ANY  YOUTH  UNDER  THE  AGE  OF EIGHTEEN OR THAT IS
 CONTAINED IN A  MUNICIPALITY'S  APPROVED  COMPREHENSIVE  PLAN,  MUST  BE
 CERTIFIED  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES AND MUST BE
 OPERATED BY AN AUTHORIZED AGENCY AS SUCH TERM IS DEFINED IN  SUBDIVISION
 TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   §  7.  Paragraph (iii) of subdivision (b) of section 724 of the family
 court act, as amended by section 4 of part E of chapter 57 of  the  laws
 of 2005, is amended to read as follows:
   (iii)  take a youth in need of crisis intervention or respite services
 to [an approved] A runaway AND HOMELESS YOUTH CRISIS SERVICES program or
 other approved respite or crisis program; or
   § 8. Subdivision 2 of section 447-a of the  social  services  law,  as
 added by chapter 569 of the laws of 2008, is amended to read as follows:

 S. 2006--C                         22                         A. 3006--C
 
   2. The term "short-term safe house" means a residential facility oper-
 ated  by  an  authorized agency as defined in subdivision ten of section
 three hundred seventy-one of this article including a residential facil-
 ity operating as part of [an approved]  A  runaway  AND  HOMELESS  YOUTH
 CRISIS  SERVICES  program as defined in subdivision four of section five
 hundred thirty-two-a of the executive law  or  a  not-for-profit  agency
 with  experience  in  providing services to sexually exploited youth and
 approved in accordance with the regulations of the  office  of  children
 and  family  services that provides emergency shelter, services and care
 to  sexually  exploited  children  including  food,  shelter,  clothing,
 medical care, counseling and appropriate crisis intervention services at
 the  time  they  are  taken  into custody by law enforcement and for the
 duration of any legal proceeding or proceedings in which they are either
 the complaining witness or the subject child. The short-term safe  house
 shall  also be available at the point in time that a child under the age
 of eighteen has first come into the custody of juvenile detention  offi-
 cials,  law enforcement, local jails or the local commissioner of social
 services or is residing  with  the  local  runaway  and  homeless  youth
 authority.
   §  9.  This  act  shall take effect January 1, 2018; provided however,
 that:
   (a) the office of  children  and  family  services  is  authorized  to
 promulgate regulations regarding any of the provisions of this act on or
 before  the  effective  date of such act; provided, however, such office
 shall promulgate regulations specifying that services  authorized  in  a
 municipality's  consolidated  services plan in accordance with items (A)
 and (B) of clause (iii) of subparagraph 3 of paragraph a of  subdivision
 2 of section 420 of the executive law, as amended by section one of this
 act, may be provided by a program but are not required;
   (b)  the  amendments  to  article  19-H  of  the executive law made by
 section six of this act that require that  certain  residential  runaway
 and  homeless youth programs be operated by authorized agencies shall be
 deemed to apply to such programs that are certified  by  the  office  of
 children and family services on or after the effective date of this act;
   (c) the amendments to:
   (i)  paragraph a of subdivision 2 of section 420 of the executive law,
 made by section one of this act, shall not  affect  the  expiration  and
 reversion of such subdivision pursuant to section 9 of part G of chapter
 57  of  the  laws of 2013 and shall expire and be deemed repealed there-
 with; and
   (ii) subdivisions 4 and 6 of section 532-a of the executive law,  made
 by  section  two of this act, shall not affect the expiration and rever-
 sion of such subdivisions pursuant to section 9 of part G of chapter  57
 of the laws of 2013 and shall expire and be deemed repealed therewith;
   (iii)  subdivision  2  of  section  532-b of the executive law made by
 section three of this act, shall not affect the expiration and reversion
 of such subdivision pursuant to section 9 of part G of chapter 57 of the
 laws of 2013 and shall expire and be deemed repealed therewith.
 
                                  PART N
 
   Section 1. The public health law is amended by adding  a  new  article
 29-I to read as follows:
 
                               ARTICLE 29-I
                   MEDICAL SERVICES FOR FOSTER CHILDREN

 S. 2006--C                         23                         A. 3006--C
 
 SECTION 2999-GG. VOLUNTARY FOSTER CARE AGENCY HEALTH FACILITIES.
   §  2999-GG.  VOLUNTARY  FOSTER  CARE AGENCY HEALTH FACILITIES. 1.   IN
 ORDER FOR AN AUTHORIZED AGENCY THAT IS APPROVED BY THE OFFICE  OF  CHIL-
 DREN  AND  FAMILY SERVICES TO CARE FOR OR BOARD OUT CHILDREN, TO PROVIDE
 LIMITED HEALTH-RELATED SERVICES AS DEFINED IN REGULATIONS OF THE DEPART-
 MENT EITHER DIRECTLY OR INDIRECTLY THROUGH A CONTRACT ARRANGEMENT,  SUCH
 AGENCY  SHALL  OBTAIN,  IN  ACCORDANCE  WITH A SCHEDULE DEVELOPED BY THE
 DEPARTMENT IN  CONJUNCTION  WITH  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES,  A  LICENSE ISSUED BY THE COMMISSIONER IN CONJUNCTION WITH THE
 OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE  SUCH  SERVICES.  SUCH
 SCHEDULE  SHALL  REQUIRE  THAT ALL SUCH AUTHORIZED AGENCIES OPERATING ON
 JANUARY FIRST, TWO THOUSAND NINETEEN OBTAIN THE LICENSE REQUIRED BY THIS
 SECTION NO  LATER  THAN  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN.  SUCH
 LICENSES  SHALL  BE ISSUED IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
 THIS ARTICLE AND THE REGULATIONS OF THE DEPARTMENT  WHICH  SHALL,  AT  A
 MINIMUM, SPECIFY: MANDATED HEALTH SERVICES, WHICH SHALL INCLUDE, BUT NOT
 BE  LIMITED TO, NURSING AND BEHAVIORAL HEALTH SERVICES; GENERAL PHYSICAL
 ENVIRONMENT REQUIREMENTS; MINIMUM HEALTH AND SAFETY  PROCEDURES;  RECORD
 MANAGEMENT REQUIREMENTS; QUALITY MANAGEMENT ACTIVITIES; AND MANAGED CARE
 LIAISON,  FISCAL AND BILLING ACTIVITIES. IN DETERMINING THE CRITERIA FOR
 LICENSURE, REGULATIONS SHALL TAKE INTO ACCOUNT THE SIZE AND TYPE OF EACH
 PROGRAM, AND SHALL BE REASONABLY RELATED TO  THE  PROVISION  OF  MEDICAL
 SERVICES.    PROVIDED  HOWEVER,  THAT A LICENSE PURSUANT TO THIS SECTION
 SHALL NOT BE REQUIRED IF SUCH AUTHORIZED AGENCY IS OTHERWISE  AUTHORIZED
 TO  PROVIDE THE REQUIRED LIMITED-HEALTH-RELATED SERVICES TO FOSTER CHIL-
 DREN UNDER A LICENSE ISSUED PURSUANT TO  ARTICLE  TWENTY-EIGHT  OF  THIS
 CHAPTER  OR  ARTICLE  THIRTY-ONE  OF  THE  MENTAL  HYGIENE  LAW. FOR THE
 PURPOSES OF THIS SECTION, THE TERM AUTHORIZED AGENCY SHALL BE AN AUTHOR-
 IZED AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  TEN  OF  SECTION
 THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   2.  SUCH  LICENSE SHALL NOT BE ISSUED UNLESS IT IS DETERMINED THAT THE
 EQUIPMENT, PERSONNEL, RULES, STANDARDS OF CARE AND SERVICES ARE FIT  AND
 ADEQUATE,  AND  THAT THE HEALTH-RELATED SERVICES WILL BE PROVIDED IN THE
 MANNER REQUIRED BY THIS ARTICLE AND THE  RULES  AND  REGULATIONS  THERE-
 UNDER.
   3. THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES  SHALL  ENTER  INTO  A  MEMORANDUM OF AGREEMENT FOR THE
 PURPOSES OF ADMINISTERING THE REQUIREMENTS OF THIS SECTION.
   4. PROCEEDINGS INVOLVING THE ISSUANCE OF LICENSES  FOR  HEALTH-RELATED
 SERVICES TO AUTHORIZED AGENCIES:
   (A)  A  LICENSE  FOR HEALTH-RELATED SERVICES UNDER THIS ARTICLE MAY BE
 REVOKED, SUSPENDED, LIMITED, ANNULLED OR DENIED BY THE COMMISSIONER,  IN
 CONSULTATION  WITH  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, IF AN
 AUTHORIZED AGENCY IS DETERMINED  TO  HAVE  FAILED  TO  COMPLY  WITH  THE
 PROVISIONS  OF  THIS  ARTICLE  OR  THE RULES AND REGULATIONS PROMULGATED
 THEREUNDER.  NO ACTION TAKEN AGAINST A LICENSE  UNDER  THIS  SUBDIVISION
 SHALL  AFFECT  AN AUTHORIZED AGENCY'S LICENSE TO CARE FOR OR BOARD CHIL-
 DREN UNLESS THE COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  DETERMINES,  PURSUANT  TO THE REGULATIONS OF SUCH OFFICE, THAT
 THE EXISTING CIRCUMSTANCES MAKE IT NECESSARY TO LIMIT, SUSPEND OR REVOKE
 THE AUTHORITY OF THE AUTHORIZED AGENCY TO CARE FOR OR BOARD CHILDREN.
   (B) NO SUCH LICENSE SHALL BE REVOKED, SUSPENDED, LIMITED, ANNULLED  OR
 DENIED  WITHOUT  A  HEARING.    HOWEVER,  A  LICENSE  MAY BE TEMPORARILY
 SUSPENDED OR LIMITED WITHOUT A HEARING FOR A PERIOD  NOT  IN  EXCESS  OF
 THIRTY  DAYS UPON WRITTEN NOTICE THAT THE CONTINUATION OF HEALTH-RELATED

 S. 2006--C                         24                         A. 3006--C
 
 SERVICES PLACES THE PUBLIC HEALTH OR SAFETY OF THE RECIPIENTS  IN  IMMI-
 NENT DANGER.
   (C)  THE  COMMISSIONER  SHALL  FIX A TIME AND PLACE FOR THE HEARING. A
 COPY OF THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND  PLACE  OF
 THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
 FIED  MAIL  TO THE AUTHORIZED AGENCY AT LEAST TWENTY-ONE DAYS BEFORE THE
 DATE FIXED FOR THE HEARING. THE AUTHORIZED AGENCY SHALL  FILE  WITH  THE
 DEPARTMENT  NOT  LESS  THAN  EIGHT  DAYS PRIOR TO THE HEARING, A WRITTEN
 ANSWER TO THE CHARGES.
   (D) ALL ORDERS OR DETERMINATIONS HEREUNDER SHALL BE SUBJECT TO  REVIEW
 AS  PROVIDED  IN  ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND
 RULES. APPLICATION FOR SUCH REVIEW MUST BE MADE WITHIN SIXTY DAYS  AFTER
 SERVICE  IN  PERSON  OR BY REGISTERED OR CERTIFIED MAIL OF A COPY OF THE
 ORDER OR DETERMINATION UPON THE APPLICANT OR AGENCY.
   § 2. This act shall take effect immediately, provided,  however,  that
 the  department  of  health, in consultation with the office of children
 and family services, shall  issue  any  regulations  necessary  for  the
 implementation of this act.
 
                                  PART O
 
                           Intentionally Omitted

                                  PART P
 
   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  O  of  chapter  54  of  the  laws  of 2016, are amended to read as
 follows:
   (a) in the case of each individual receiving family  care,  an  amount
 equal  to  at least $141.00 for each month beginning on or after January
 first, two thousand [sixteen] SEVENTEEN.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to  at least $163.00 for each month beginning on or after
 January first, two thousand [sixteen] SEVENTEEN.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$193.00] $194.00 for each month
 beginning on or after January first, two thousand [sixteen] SEVENTEEN.
   (d) for the period commencing January first, two thousand  [seventeen]
 EIGHTEEN,  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 [seventeen] EIGHTEEN, but prior to June thirtieth, two thousand
 [seventeen] EIGHTEEN, rounded to the nearest whole dollar.
   §  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
 O of chapter 54 of the laws of 2016, are amended to read as follows:
   (a)  On and after January first, two thousand [sixteen] SEVENTEEN, for
 an eligible individual living  alone,  [$820.00]  $822.00;  and  for  an
 eligible couple living alone, [$1204.00] $1,207.00.

 S. 2006--C                         25                         A. 3006--C
 
   (b)  On and after January first, two thousand [sixteen] SEVENTEEN, for
 an eligible individual  living  with  others  with  or  without  in-kind
 income, [$756.00] $758.00; and for an eligible couple living with others
 with or without in-kind income, [$1146.00] $1,149.00.
   (c)  On and after January first, two thousand [sixteen] SEVENTEEN, (i)
 for an eligible individual receiving family care, [$999.48] $1,001.48 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, [$961.48]
 $963.48; 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 [sixteen] SEVENTEEN,  (i)
 for  an  eligible  individual  receiving  residential  care,  [$1168.00]
 $1,170.00 if he or she is receiving such care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
 eligible  couple  receiving  residential care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
 amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
 eligible individual receiving such care  in  any  other  county  in  the
 state,  [$1138.00]  $1,140.00; 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 [sixteen] SEVENTEEN,
 for  an  eligible  individual  receiving  enhanced   residential   care,
 [$1427.00] $1,429.00; 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  [seventeen]  EIGHTEEN
 but prior to June thirtieth, two thousand [seventeen] EIGHTEEN.
   § 3. This act shall take effect December 31, 2017.
 
                                  PART Q

   Section 1. Section 412 of the social services law is amended by adding
 a new subdivision 9 to read as follows:
   9.  A  "PUBLICLY-FUNDED  EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN"
 MEANS ANY FACILITY WITH OVERNIGHT SLEEPING ACCOMMODATIONS  AND  THAT  IS
 USED TO HOUSE RECIPIENTS OF TEMPORARY HOUSING ASSISTANCE AND WHICH HOUS-
 ES OR MAY HOUSE CHILDREN AND FAMILIES WITH CHILDREN.
   §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as separately amended by chapters 126 and 205 of the  laws
 of 2014, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-

 S. 2006--C                         26                         A. 3006--C
 
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  a  Christian  Science practitioner; school official, which
 includes but is not limited to school teacher, school  guidance  counse-
 lor,  school  psychologist,  school  social worker, school nurse, school
 administrator or other school personnel required to hold a  teaching  or
 administrative  license  or  certificate;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; EMPLOYEE OF A PUBL-
 ICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN; director of  a
 children's overnight camp, summer day camp or traveling summer day camp,
 as  such camps are defined in section thirteen hundred ninety-two of the
 public health law; day care center worker; school-age child care worker;
 provider of family or group family day care; employee or volunteer in  a
 residential  care  facility  for children that is licensed, certified or
 operated by the office of children and family  services;  or  any  other
 child  care or foster care worker; mental health professional; substance
 abuse counselor; alcoholism counselor; all persons credentialed  by  the
 office of alcoholism and substance abuse services; peace officer; police
 officer;  district attorney or assistant district attorney; investigator
 employed in the office of a district attorney; or other law  enforcement
 official.
   §  3.  Subdivision  3  of section 424-a of the social services law, as
 amended by section 8 of part D of chapter 501 of the laws  of  2012,  is
 amended to read as follows:
   3.  For  purposes  of  this  section, the term "provider" or "provider
 agency" shall mean: an authorized agency[,]; the office of children  and
 family services[,]; juvenile detention facilities subject to the certif-
 ication  of  [such]  THE  office[,]  OF  CHILDREN  AND  FAMILY SERVICES;
 programs established pursuant to article  nineteen-H  of  the  executive
 law[,];  non-residential  or residential programs or facilities licensed
 or operated by the office of mental health or the office for people with
 developmental disabilities except family care homes[,];  licensed  child
 day  care centers, including head start programs which are funded pursu-
 ant to title V of the  federal  economic  opportunity  act  of  nineteen
 hundred  sixty-four,  as  amended[,];  early intervention service estab-
 lished pursuant to section  twenty-five  hundred  forty  of  the  public
 health  law[,];  preschool  services  established  pursuant  to  section
 forty-four hundred ten of the education law[,];  school-age  child  care
 programs[,];  special act school districts as enumerated in chapter five
 hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
 amended[,]; programs and facilities licensed by the office of alcoholism
 and substance abuse services[,]; residential schools which are operated,
 supervised  or  approved by the education department[,]; PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH CHILDREN,  PROVIDED,  HOWEVER,  FOR
 PURPOSES  OF  THIS  SECTION,  WHEN  THE PROVIDER OR PROVIDER AGENCY IS A
 PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN,  THEN  ALL
 REFERENCES IN THIS SECTION TO THE "POTENTIAL FOR REGULAR AND SUBSTANTIAL

 S. 2006--C                         27                         A. 3006--C
 
 CONTACT WITH INDIVIDUALS WHO ARE CARED FOR BY THE AGENCY" SHALL MEAN THE
 POTENTIAL  FOR  REGULAR  AND  SUBSTANTIAL  CONTACT WITH CHILDREN WHO ARE
 SERVED BY SUCH SHELTER; and any other facility or  provider  agency,  as
 defined in subdivision four of section four hundred eighty-eight of this
 chapter,  in  regard  to the employment of staff, or use of providers of
 goods and services and staff of such providers, consultants, interns and
 volunteers.
   § 4. The social services law is amended by adding a new section  460-h
 to read as follows:
   § 460-H. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
 EMPLOYEES,  CONSULTANTS,  ASSISTANTS  AND  VOLUNTEERS OF PUBLICLY-FUNDED
 EMERGENCY SHELTERS FOR FAMILIES WITH  CHILDREN.  1.  EVERY  PROVIDER  OF
 SERVICES  TO  PUBLICLY-FUNDED EMERGENCY SHELTERS FOR FAMILIES WITH CHIL-
 DREN, AS SUCH PHRASE IS DEFINED IN  SUBDIVISION  NINE  OF  SECTION  FOUR
 HUNDRED TWELVE OF THIS CHAPTER, SHALL REQUEST FROM THE DIVISION OF CRIM-
 INAL  JUSTICE  SERVICES  CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE,
 CONSULTANT,  ASSISTANT  OR  VOLUNTEER OF SUCH PROVIDER WHO WILL HAVE THE
 POTENTIAL FOR REGULAR AND SUBSTANTIAL  CONTACT  WITH  CHILDREN  WHO  ARE
 SERVED  BY THE PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHIL-
 DREN.
   (A) PRIOR TO REQUESTING CRIMINAL HISTORY  INFORMATION  CONCERNING  ANY
 PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR VOLUNTEER, A PROVIDER
 SHALL:
   (1) INFORM THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT  OR  VOLUN-
 TEER  IN  WRITING  THAT  THE  PROVIDER IS REQUIRED TO REQUEST HIS OR HER
 CRIMINAL HISTORY INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION; AND
   (2)  OBTAIN  THE  SIGNED INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE,
 CONSULTANT, ASSISTANT OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES WHICH INDICATES THAT SUCH PERSON HAS:
   (I) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
 REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
   (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
 NAL HISTORY INFORMATION;
   (III) CONSENTED TO SUCH REQUEST; AND
   (IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS.
   (B)  UPON  RECEIVING SUCH WRITTEN CONSENT, THE PROVIDER SHALL OBTAIN A
 SET OF FINGERPRINTS OF SUCH PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT,
 OR VOLUNTEER AND PROVIDE SUCH FINGERPRINTS TO THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES PURSUANT TO REGULATIONS ESTABLISHED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   2. A PROVIDER SHALL DESIGNATE ONE OR TWO PERSONS  IN  ITS  EMPLOY  WHO
 SHALL  BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW THE CRIMINAL HISTORY
 INFORMATION,  AND  ONLY  SUCH  PERSONS  AND  THE  PROSPECTIVE  EMPLOYEE,
 CONSULTANT,  ASSISTANT OR VOLUNTEER TO WHICH THE CRIMINAL HISTORY INFOR-
 MATION RELATES SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED, HOWEVER,
 THE CRIMINAL HISTORY INFORMATION MAY BE  DISCLOSED  TO  OTHER  PERSONNEL
 AUTHORIZED  BY THE PROVIDER WHO ARE EMPOWERED TO MAKE DECISIONS CONCERN-
 ING PROSPECTIVE EMPLOYEES, CONSULTANTS,  ASSISTANTS  OR  VOLUNTEERS  AND
 PROVIDED  FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO THE
 CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. A
 PROVIDER SHALL NOTIFY EACH PERSON AUTHORIZED TO HAVE ACCESS TO  CRIMINAL
 HISTORY INFORMATION PURSUANT TO THIS SECTION.

 S. 2006--C                         28                         A. 3006--C
 
   3. A PROVIDER REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO THIS
 SECTION  SHALL  ALSO  COMPLETE  A FORM DEVELOPED FOR SUCH PURPOSE BY THE
 DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE  A  SWORN
 STATEMENT  OF THE PERSON DESIGNATED BY SUCH PROVIDER TO REQUEST, RECEIVE
 AND  REVIEW  CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION CERTIFYING THAT:
   (A) SUCH CRIMINAL HISTORY INFORMATION WILL BE  USED  BY  THE  PROVIDER
 SOLELY FOR PURPOSES AUTHORIZED BY THIS SECTION;
   (B)  THE  PROVIDER  AND  ITS  STAFF ARE AWARE OF AND WILL ABIDE BY THE
 CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF  THIS  SECTION;
 AND
   (C) THE PERSONS DESIGNATED BY THE PROVIDER TO RECEIVE CRIMINAL HISTORY
 INFORMATION  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS SECTION SHALL UPON
 RECEIPT IMMEDIATELY MARK SUCH CRIMINAL  HISTORY  INFORMATION  "CONFIDEN-
 TIAL," AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMATION
 IN A SECURE PLACE.
   4.  UPON  RECEIPT  OF THE FINGERPRINTS AND SWORN STATEMENT REQUIRED BY
 THIS SECTION, THE PROVIDER SHALL PROMPTLY SUBMIT THE FINGERPRINTS TO THE
 DIVISION OF CRIMINAL JUSTICE SERVICES.
   5. THE DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  PROMPTLY  PROVIDE
 THE REQUESTED CRIMINAL HISTORY INFORMATION, IF ANY, TO THE PROVIDER THAT
 TRANSMITTED   THE  FINGERPRINTS  TO  IT.  CRIMINAL  HISTORY  INFORMATION
 PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO  THIS
 SECTION  SHALL  BE  FURNISHED ONLY BY MAIL OR OTHER METHOD OF SECURE AND
 CONFIDENTIAL DELIVERY, ADDRESSED TO THE REQUESTING PROVIDER. SUCH INFOR-
 MATION AND THE ENVELOPE IN WHICH IT IS  ENCLOSED  SHALL  BE  PROMINENTLY
 MARKED  "CONFIDENTIAL,"  AND  SHALL  AT  ALL  TIMES BE MAINTAINED BY THE
 PROVIDER IN A SECURE PLACE.
   6. UPON RECEIPT OF CRIMINAL HISTORY INFORMATION FROM THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES, THE PROVIDER MAY REQUEST, AND IS ENTITLED TO
 RECEIVE, INFORMATION PERTAINING TO ANY CRIME IDENTIFIED ON SUCH CRIMINAL
 HISTORY INFORMATION FROM ANY STATE  OR  LOCAL  LAW  ENFORCEMENT  AGENCY,
 DISTRICT  ATTORNEY,  PAROLE  OFFICER, PROBATION OFFICER OR COURT FOR THE
 PURPOSES OF DETERMINING WHETHER ANY GROUNDS RELATING TO SUCH CRIME EXIST
 FOR DENYING AN APPLICATION, RENEWAL, OR EMPLOYMENT.
   7. AFTER RECEIVING CRIMINAL HISTORY INFORMATION PURSUANT  TO  SUBDIVI-
 SIONS  FIVE  AND  SIX OF THIS SECTION AND BEFORE MAKING A DETERMINATION,
 THE PROVIDER SHALL PROVIDE THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSIST-
 ANT OR VOLUNTEER WITH A COPY OF SUCH CRIMINAL HISTORY INFORMATION AND  A
 COPY  OF  ARTICLE  TWENTY-THREE-A  OF THE CORRECTION LAW AND INFORM SUCH
 PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT AND VOLUNTEER OF HIS OR  HER
 RIGHT  TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH
 CRIMINAL HISTORY  INFORMATION  PROVIDED  BY  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES PURSUANT TO THE REGULATIONS AND PROCEDURES ESTABLISHED
 BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  AND  THE  RIGHT  OF  THE
 PROSPECTIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER TO PROVIDE
 INFORMATION RELEVANT TO SUCH ANALYSIS.
   8. CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO SUBDIVISIONS FIVE
 AND SIX OF THIS SECTION SHALL BE CONSIDERED BY THE PROVIDER  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
 AND  SUBDIVISIONS  FIFTEEN AND SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX
 OF THE EXECUTIVE LAW.
   9. A PROSPECTIVE EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER  MAY
 WITHDRAW  FROM  THE  APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME
 REGARDLESS OF WHETHER HE OR SHE, OR THE PROVIDER, HAS  REVIEWED  HIS  OR
 HER CRIMINAL HISTORY INFORMATION. WHERE A PROSPECTIVE EMPLOYEE, CONSULT-

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

 ANT,  ASSISTANT OR VOLUNTEER WITHDRAWS FROM THE APPLICATION PROCESS, ANY
 FINGERPRINTS AND CRIMINAL HISTORY INFORMATION CONCERNING  SUCH  PROSPEC-
 TIVE  EMPLOYEE,  CONSULTANT,  ASSISTANT  OR  VOLUNTEER  RECEIVED  BY THE
 PROVIDER  SHALL,  WITHIN  NINETY  DAYS,  BE RETURNED TO SUCH PROSPECTIVE
 EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUNTEER BY  THE  PERSON  DESIGNATED
 FOR  RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION.
   10. ANY PERSON WHO WILLFULLY PERMITS THE RELEASE OF  ANY  CONFIDENTIAL
 CRIMINAL  HISTORY  INFORMATION  CONTAINED  IN  THE REPORT TO PERSONS NOT
 PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF
 A MISDEMEANOR.
   11. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES,  IN
 CONSULTATION  WITH  THE  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE,
 SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY  TO  IMPLEMENT  THE
 PROVISIONS  OF  THIS  SECTION, WHICH SHALL INCLUDE CONVENIENT PROCEDURES
 FOR THE PROVIDER TO PROMPTLY VERIFY THE ACCURACY OF THE REVIEWED  CRIMI-
 NAL  HISTORY  INFORMATION  AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE
 ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
   § 5. Severability. If any clause, sentence, paragraph, subdivision, or
 section contained in this act shall be adjudged by any court  of  compe-
 tent  jurisdiction  to  be  invalid,  such  judgement  shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to  the  clause,  sentence,  paragraph,  subdivision, or
 section 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
 provision had not been included herein.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided however that: the commissioner of the office
 of children and family services, in  consultation  with  the  office  of
 temporary  and  disability  assistance,  shall  promulgate all rules and
 regulations necessary to implement the provisions of section two of this
 act; the commissioner of the office of temporary and disability  assist-
 ance,  in  consultation with the office of children and family services,
 shall promulgate all rules and regulations necessary  to  implement  the
 provisions  of  sections one and three of this act; and the commissioner
 of the division of criminal justice services, in consultation  with  the
 office  of  temporary  and  disability  assistance, shall promulgate all
 rules and regulations necessary to implement the provisions  of  section
 four  of  this  act;  and  provided further, the aforementioned rules or
 regulations may be promulgated on an emergency basis.
 
                                  PART R
 
   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the rural rental
 assistance program, a sum not to exceed twenty-two million nine  hundred
 sixty  thousand  dollars  for  the  fiscal  year  ending March 31, 2018.
 Notwithstanding any other provision of law, and subject to the  approval
 of  the New York state director of the budget, the board of directors of
 the state of New York mortgage agency shall authorize  the  transfer  to
 the  housing trust fund corporation, for the purposes of reimbursing any
 costs associated with rural rental assistance program contracts  author-
 ized  by this section, a total sum not to exceed twenty-two million nine
 hundred sixty thousand dollars, such transfer to be made  from  (i)  the
 special  account  of  the  mortgage  insurance  fund created pursuant to

 S. 2006--C                         30                         A. 3006--C
 
 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 2016-2017 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, 2017.
   §  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 thirty-nine million
 five hundred thousand dollars for the fiscal year ending March 31, 2018.
 Notwithstanding any other provision of law, and subject to the  approval
 of  the New York state director of the budget, the board of directors of
 the state of New York mortgage agency shall authorize  the  transfer  to
 the  housing  finance  agency, for the purposes of reimbursing any costs
 associated with  Mitchell  Lama  housing  projects  authorized  by  this
 section,  a  total  sum  not  to exceed thirty-nine million five hundred
 thousand dollars, such transfer to be made from (i) the special  account
 of the mortgage insurance fund created pursuant to section 2429-b of the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2016-2017  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, 2018.
   §  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, 2018.  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-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2016-2017 in accordance with section 2429-b

 S. 2006--C                         31                         A. 3006--C
 
 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, 2017.
   § 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, 2018.  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
 2016-2017 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,
 2017.
   § 5. Notwithstanding any other provision of  law,  the  housing  trust
 fund corporation may provide, for purposes of the rural and urban commu-
 nity  investment  fund  program created pursuant to article XXVII of the
 private housing finance law, a sum not  to  exceed  thirty-four  million
 five hundred thousand dollars for the fiscal year ending March 31, 2018.
 Notwithstanding  any other provision of law, and subject to the approval
 of the New York state director of the budget, the board of directors  of
 the  state  of  New York mortgage agency shall authorize the transfer to
 the housing trust fund corporation, for the purposes of reimbursing  any
 costs  associated with rural and urban community investment fund program
 contracts authorized by this section, a total sum not to exceed  thirty-
 four  million  five  hundred  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 2016-2017 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

 S. 2006--C                         32                         A. 3006--C
 
 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, 2018.
   §  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
 twenty-one  million  dollars  for the fiscal year ending March 31, 2018.
 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 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  twenty-one  million  dollars,  such
 transfer  to be made from (i) the special account of the mortgage insur-
 ance fund created pursuant to section 2429-b of the  public  authorities
 law, in an amount not to exceed the actual excess balance in the special
 account  of  the mortgage insurance fund, as determined and certified by
 the state of New York mortgage agency for the fiscal year  2016-2017  in
 accordance  with  section  2429-b of the public authorities law, if any,
 and/or (ii) provided that the reserves in  the  project  pool  insurance
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the credit rating (as determined by the state of New York mortgage
 agency) required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage insurance fund, such transfer  to
 be made as soon as practicable but no later than March 31, 2018.
   §  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 two million dollars for the fiscal year ending  March  31,
 2018.  Notwithstanding  any  other  provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing any costs associated with homes for working families program
 contracts  authorized  by  this  section,  a total sum not to exceed two
 million dollars, such transfer to be made from (i) the  special  account
 of the mortgage insurance fund created pursuant to section 2429-b of the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2016-2017  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, 2018.

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

   §  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 six million five hundred twenty-
 two thousand dollars for the fiscal year  ending  March  31,  2018.  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
 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
 homeless  housing  and assistance corporation, a total sum not to exceed
 six million five hundred twenty-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 insurance fund, as determined and certified by the state of
 New  York  mortgage  agency  for the fiscal year 2016-2017 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, 2018.
   §  9.  Notwithstanding  any other provision of law, and in addition to
 the powers currently authorized to be exercised by the state of New York
 municipal bond bank agency, the state of New York  municipal  bond  bank
 agency  may  provide,  for  purposes  of municipal relief to the city of
 Albany, a sum not to exceed twelve million five hundred thousand dollars
 for the city fiscal year ending December 31, 2017, to the city of  Alba-
 ny.    Notwithstanding  any  other  provision of law, and subject to the
 approval of the New York state director of the budget, the state of  New
 York  mortgage  agency shall transfer to the state of New York municipal
 bond bank agency for distribution as municipal relief  to  the  city  of
 Albany,  a  total sum not to exceed twelve million five hundred 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
 2016-2017  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 agency) required to
 accomplish  the  purposes  of  such  account, the project pool insurance
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the public authorities law, such transfer to be made as soon
 as practicable after May 15, 2017 but no later than December  31,  2017,
 and  provided further that the New York state director of the budget may
 request additional information from the city  of  Albany  regarding  the

 S. 2006--C                         34                         A. 3006--C
 
 utilization  of these funds and the finances and operations of the city,
 as appropriate.
   §  10.  Notwithstanding  any other provision of law, the housing trust
 fund corporation shall provide, for the purposes of the mobile and manu-
 factured home replacement program, a  sum  not  to  exceed  one  million
 dollars for the fiscal year ending March 31, 2018.
   Eligible units of local government or not-for-profit corporations with
 substantial  experience  in  affordable housing, may apply to administer
 local programs to replace dilapidated mobile or manufactured homes  that
 are  sited on land owned by the homeowner with new manufactured, modular
 or site built homes. All replacement homes shall be  energy  star  rated
 for  energy  efficiency. The total contract pursuant to any one eligible
 applicant in a specified region may not  exceed  five  hundred  thousand
 dollars. The corporation shall authorize the eligible applicant to spend
 seven  and one-half percent of the contract amount for approved planning
 and costs associated with administering the program. The contract  shall
 provide  for  completion  of  the program within a reasonable period, as
 specified therein, which shall not exceed four years  from  commencement
 of the program. Upon request, the corporation may extend the term of the
 contract for up to an additional one year period for good cause shown by
 the eligible applicant.
   An  eligible  property  must be the primary residence of the homeowner
 with a total household income that does not  exceed  eighty  percent  of
 area  median  income  for  the  county  in which a project is located as
 calculated by the United States department of housing and urban develop-
 ment. Funds shall be made available for relocation assistance to  eligi-
 ble  property  owners  who are unable to voluntarily relocate during the
 demolition and construction phases of the project. The cost  of  demoli-
 tion  and removal shall be an eligible use within the program. The total
 payment to replace a mobile or manufactured home  pursuant  to  any  one
 eligible  property  shall  not  exceed  one hundred thousand dollars and
 provide for completion not to exceed four years.
   Financial assistance to property owners shall be one  hundred  percent
 grants in the form of deferred payment loans (DPL). A ten year declining
 balance lien in the form of a note and mortgage, duly filed at the coun-
 ty  clerk's office, will be utilized for replacement projects. No inter-
 est or payments will be required on the DPL unless the property is  sold
 or  transferred  before the regulatory term expires. In such cases funds
 will be recaptured from the proceeds of the  sale  of  the  home,  on  a
 declining  balance  basis,  unless  an  income-eligible immediate family
 member accepts ownership of, and resides in the home for  the  remainder
 of the regulatory term.
   Notwithstanding any other provision of law, and subject to approval of
 the New York state director of the budget, the board of directors of the
 state  of  New  York mortgage agency shall authorize the transfer to the
 housing trust fund corporation, for the purposes  of  carrying  out  the
 provisions  of  the  mobile and manufactured home replacement program, a
 total sum not to exceed one million dollars, such transfer  to  be  made
 from  (i)  the  special  account  of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law, in  an  amount
 not  to  exceed  the actual excess balance in the special account of the
 mortgage insurance fund, as determined and certified by the state of New
 York mortgage agency for the fiscal year 2016--2017 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

 S. 2006--C                         35                         A. 3006--C
 
 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, 2018.
   §  11. Notwithstanding any other provision of law to the contrary, the
 community restoration fund established pursuant to section 2405-f of the
 public authorities law, shall be authorized to spend a sum not to exceed
 one million dollars to facilitate the development of nonprofit community
 land trusts, including, but not  limited  to,  planning,  real  property
 acquisitions  and  transfers,  and  other  capital  expenditures for the
 fiscal year ending March 31, 2018. Notwithstanding any  other  provision
 of  law  to  the  contrary,  and subject to the approval of the New York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall  authorize  the  transfer  to  the  community
 restoration  fund,  for the purposes of reimbursing any costs associated
 with the  development  of  community  land  trusts  authorized  by  this
 section, a total sum not to exceed one million dollars, such transfer to
 be  made  from  (i)  the  special account of the mortgage insurance fund
 created pursuant to section 2429-b of the public authorities law, in  an
 amount not to exceed the actual excess balance in the special account of
 the mortgage insurance fund, as determined and certified by the state of
 New  York  mortgage  agency for the fiscal year 2016--2017 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, 2018.
   § 12.  Notwithstanding any other provision of law to the contrary, the
 state  office  for  the  aging  may  provide,  for costs associated with
 naturally occurring retirement communities, a  sum  not  to  exceed  one
 million  dollars  for  the  fiscal year ending March 31, 2018.  Notwith-
 standing any other provision of law to the contrary, and subject to  the
 approval  of  the  New  York  state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  state office for the aging, for the purposes of reim-
 bursing any costs associated with naturally occurring retirement  commu-
 nities authorized by this section, a total sum not to exceed one million
 dollars,  such  transfer  to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the special account of the mortgage insurance fund,  as  determined  and
 certified  by  the state of New York mortgage agency for the fiscal year
 2016-2017 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,
 2018.

 S. 2006--C                         36                         A. 3006--C
 
   § 13. Notwithstanding any other provision of law to the contrary,  the
 state office for the aging may provide, for costs associated with neigh-
 borhood  naturally occurring retirement communities, a sum not to exceed
 one million dollars for the fiscal year ending March 31, 2018.  Notwith-
 standing  any other provision of law to the contrary, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the state office for the aging, for the  purposes  of  reim-
 bursing  any  costs  associated  with  neighborhood  naturally occurring
 retirement communities authorized by this section, a total  sum  not  to
 exceed  one  million  dollars,  such  transfer  to  be made from (i) the
 special account of the  mortgage  insurance  fund  created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2016-2017 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, 2018.
   § 14. This act shall take effect immediately.
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
                           Intentionally Omitted
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
   Section 1. Subdivision c of section 2 of part K of chapter 58  of  the
 laws  of  2010 amending the social services law relating to establishing
 the savings plan demonstration, as amended by section 1  of  part  S  of
 chapter 54 of the laws of 2016, is amended to read as follows:
   c. this act shall expire and be deemed repealed March 31, [2017] 2018;
 PROVIDED,  HOWEVER  THAT  AT  SUCH TIME THAT THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE APPROVES A REVISED SAVINGS DEMONSTRATION PLAN THAT
 HAS BEEN SUBMITTED TO THE OFFICE BY THE CITY OF NEW YORK, THIS ACT SHALL
 EXPIRE AND BE DEEMED REPEALED. UPON APPROVAL OF THE  REVISED  PLAN,  THE
 OFFICE  SHALL  NOTIFY  THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE; PROVIDED, FURTHER,  THAT
 THE  OFFICE  OF  TEMPORARY  AND  DISABILITY  ASSISTANCE SHALL NOTIFY THE
 LEGISLATIVE BILL DRAFTING COMMISSION UPON THE APPROVAL  OF  THE  REVISED
 SAVINGS  DEMONSTRATION PLAN 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

 S. 2006--C                         37                         A. 3006--C
 
 OF  SECTION  44  OF  THE  LEGISLATIVE LAW AND SECTION 70-B OF THE PUBLIC
 OFFICERS LAW.
   § 2. This act shall take effect immediately.
   § 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.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through V of this act shall be
 as specifically set forth in the last section of such Parts.

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