NY State Assembly Bill A2006C

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2019	signed chap.56
Apr 01, 2019	delivered to governor
Mar 31, 2019	returned to assembly passed senate 3rd reading cal.358 substituted for s1506c referred to finance delivered to senate passed assembly ordered to third reading rules cal.44 rules report cal.44 reported reported referred to rules
Mar 28, 2019	print number 2006c
Mar 28, 2019	amend (t) and recommit to ways and means
Mar 11, 2019	print number 2006b
Mar 11, 2019	amend (t) and recommit to ways and means
Feb 19, 2019	print number 2006a
Feb 19, 2019	amend (t) and recommit to ways and means
Jan 18, 2019	referred to ways and means

Votes

Bill Amendments

Original

C (Active)

Original

C (Active)

A2006 - Details

See Senate Version of this Bill:: S1506
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

A2006 - Summary

Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2019-2020 state fiscal year; relates to residency requirements for the purpose of qualifying for certain scholarships and financial assistance for higher education; and repeals section 609-a of the education law as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed by legislative bill numbers S.1250 and A.782 (Part D); relates to the arts capital grants fund (Part F)… (view more) relates to authorizing the housing trust fund corporation to use funds for various housing purposes and for municipal relief to the city of Albany (Part G); relates to the initial period of licensure or registration and required inspections, background clearances and training for child care providers (Part H); requires criminal history background clearances for persons working in residential foster care programs by both the division of criminal justice services and the federal bureau of investigation (Part I); relates to residential programs for domestic violence victims (Part J); relates to persons in need of supervision (Part K); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part L); amends part W of chapter 54 of the laws of 2016, relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, relating to the effectiveness thereof (Part M); prohibits discrimination based on source of income in housing (Part T); renames the division of veterans' affairs to the division of veterans' services, and renames the veterans' affairs commission to the veterans' services commission (Part AA); relates to the foster youth college success initiative eligibility requirements (Part BB); authorizes the setting of a reduced rate of tuition at the state university of New York, the city university of New York and community colleges for certain students participating in dual or concurrent enrollment programs (Part CC); provides that public employers, employee organizations, the state comptroller and the public employment relations board shall not be liable for and shall have a complete defense to certain claims relating to agency shop fee deductions (Part DD); and authorizes the State University of New York at Albany to lease or contract to tenants with interests that are in alignment with the academic and research of the mission of the university space in the Emerging Technology and Entrepreneurship Complex (Part EE).

A2006 - Bill Text download pdf


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

    S. 1506                                                  A. 2006

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

                            January 18, 2019
                               ___________

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 a statement of the total funding allocation; to
  amend the education law, in relation to services  aid;  to  amend  the
  education law, in relation to moneys apportioned for boards of cooper-
  ative  educational  services aidable expenditures; to amend the educa-
  tion law, in relation to establishing regional STEM magnet schools; to
  amend the education law, in relation  to  supplemental  public  excess
  cost aid; to amend the education law, in relation to academic enhance-
  ment  aid; to amend the education law, in relation to high tax 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 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 the
  education law, in relation to waivers from duties; to amend the educa-
  tion law, in relation to annual teacher and principal evaluations;  to
  amend  the  education  law,  in  relation to the education of homeless
  children; to amend the education law, in relation to the suspension of
  pupils; to amend the education  law,  in  relation  to  school  safety
  plans;  to  amend  the education law, in relation to including healthy
  relationships in health education; to  amend  the  education  law,  in
  relation to authorizing and directing the commissioner of education to
  require  that  every  school  district  adopt  and distribute a policy
  regarding sex discrimination; 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 2019-2020 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-01-9

S. 1506                             2                            A. 2006

  city, in relation to withholding a portion of  employment  preparation
  education  aid  and in relation to the effectiveness thereof; to amend
  chapter 82 of the laws of 1995, amending the education law  and  other
  laws  relating  to state aid to school districts and the appropriation
  of funds for the support of government, in relation to the  effective-
  ness  thereof;  to amend chapter 147 of the laws of 2001, amending the
  education law relating to conditional appointment of school  district,
  charter  school  or  BOCES employees, in relation to the effectiveness
  thereof; to amend chapter 425 of the laws of 2002, amending the educa-
  tion  law  relating  to  the  provision  of  supplemental  educational
  services,  attendance  at  a  safe public school and the suspension of
  pupils who bring a firearm to or possess a firearm  at  a  school,  in
  relation  to  the  effectiveness  thereof; to amend chapter 101 of the
  laws of 2003, amending the education law relating to implementation of
  the No Child Left Behind Act of 2001, in relation to the effectiveness
  thereof; to amend 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, in relation to the effectiveness thereof; to amend chapter 345
  of  the laws of 2009, amending the education law and other laws relat-
  ing to the New York city board  of  education,  chancellor,  community
  councils, and community superintendents, in relation to the effective-
  ness  thereof;  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
  552 of the laws of  1995,  amending  the  education  law  relating  to
  contracts  for  the  transportation of school children, in relation to
  the effectiveness thereof; to amend chapter 97 of the  laws  of  2011,
  amending  the  education law relating to census reporting, in relation
  to the effectiveness thereof; in relation to school bus driver  train-
  ing;  in  relation  to  special  apportionment for salary expenses and
  public pension accruals; in relation to the city  school  district  of
  the  city  of  Rochester;  in relation to total foundation aid for the
  purpose of the development, maintenance or expansion of certain magnet
  schools or magnet school programs for the 2019-2020  school  year;  in
  relation to the support of public libraries; to repeal subparagraphs 2
  and  3 of paragraph a of subdivision 1 of section 3609-a of the educa-
  tion law, relating  to  lottery  apportionment  and  lottery  textbook
  apportionment;  and  to repeal subparagraphs 1 and 2 of paragraph b of
  subdivision 4 of section 92-c of the state finance  law,  relating  to
  the state lottery fund (Part A); to amend the education law, the busi-
  ness  corporation  law,  the partnership law and the limited liability
  company law, in relation to certified public accountants (Part B);  to
  amend  the  education  law, in relation to authorizing school bus stop
  cameras; and to amend the vehicle and  traffic  law,  in  relation  to
  owner  liability for operator illegally overtaking or passing a school
  bus and increasing fines for passing a stopped school bus (Part C); to
  amend the education law, in relation to eligibility  requirements  and
  conditions  governing  general awards, academic performance awards and
  student loans; eligibility requirements for assistance under the high-
  er education opportunity programs and the collegiate science and tech-
  nology entry program; the  definition  of  "resident";  financial  aid
  opportunities  for  students  of the state university of New York, the
  city university of New York and community colleges;  and  the  program
  requirements  for  the  New  York state college choice tuition savings
  program; and to repeal subdivision 3 of section 661 of  the  education

S. 1506                             3                            A. 2006

  law relating thereto (Part D); to amend the education law, in relation
  to  the  accountability of proprietary institutions (Part E); to amend
  the state finance law, in relation to the  arts  capital  grants  fund
  (Part F); to utilize reserves in the mortgage insurance fund for vari-
  ous  housing  purposes  (Part G); to amend the social services law, in
  relation to the  initial  period  of  licensure  or  registration  and
  required  inspections,  background  clearances  and training for child
  care providers; and to repeal certain provisions of such law  relating
  thereto  (Part  H);  to  amend the social services law, in relation to
  federally required background clearances for persons working in  resi-
  dential  foster  care  programs (Part I); to amend the social services
  law,  in  relation  to  residential  programs  for  domestic  violence
  victims; and repealing certain provisions of such law relating thereto
  (Part  J);  to amend the family court act, the social services law and
  the executive law, in relation to persons in need of supervision;  and
  to repeal certain provisions of the family court act and the executive
  law  relating  thereto  (Part K); 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 L); to amend the
  social services law, in relation to appointment of a temporary  opera-
  tor  authority  (Subpart  A); and to amend part W of chapter 54 of the
  laws of 2016, amending the social services law relating to the  powers
  and  duties  of  the  commissioner  of social services relating to the
  appointment of a temporary operator, in relation to the  effectiveness
  thereof  (Subpart  B)  (Part  M); to amend the social services law, in
  relation to permitting social services districts to assign individuals
  to participate in time-limited  job  try-outs  as  an  allowable  work
  activity  leading  to  unsubsidized  employment (Part N); to amend the
  labor  law,  in  relation  to  increasing   criminal   penalties   for
  convictions of failures to pay wages (Part O); to amend the labor law,
  in  relation  to amending unemployment insurance benefits for earnings
  disregard (Part P); to amend the executive law, in relation to prohib-
  iting wage or salary history inquiries; and to amend the labor law, in
  relation to the prohibition of a differential rate of pay on the basis
  of protected class status (Part Q); to amend the  executive  law,  the
  civil  rights  law  and  the education law, in relation to prohibiting
  discrimination based on gender identity or expression;  and  to  amend
  the penal law and the criminal procedure law, in relation to including
  offenses  regarding  gender  identity or expression within the list of
  offenses subject to treatment as hate crimes (Part R);  to  amend  the
  executive  law, in relation to expanding the scope of unlawful discri-
  minatory practices to include public  educational  institutions  (Part
  S);  to  amend  the executive law, in relation to preventing discrimi-
  nation based on lawful source of income in housing (Part T); to  amend
  the  general  obligations  law,  in relation to the amount of security
  deposit that a landlord may charge a tenant (Part  U);  to  amend  the
  executive  law,  the  general  obligations  law  and the labor law, in
  relation to the implementation of sexual  harassment  protocols  (Part
  V);  to  amend  the  general business law, in relation to enacting the
  pension poaching prevention act (Part W); to amend the executive  law,
  in  relation to amending the definition of pregnancy-related condition
  (Part X); to amend the  education  law,  in  relation  to  prohibiting
  mental health professionals from engaging in sexual orientation change
  efforts  with  a patient under the age of eighteen years and expanding
  the definition of  professional  misconduct  with  respect  to  mental

S. 1506                             4                            A. 2006

  health  professionals  (Part Y); and establishing the "rent regulation
  act of 2019" (Part Z)

  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 2019-2020
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through Z. 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,
including the effective date of the Part, 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 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 CCC of chapter 59 of the laws
of 2018, 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

S. 1506                             5                            A. 2006

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, 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; and provided further that a school district  that
submitted  a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in  the  district  are
identified  as  in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen 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 amount approved by the
commissioner in the contract for excellence for the two thousand  seven-
teen--two  thousand  eighteen  school year; AND PROVIDED FURTHER THAT, A
SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR  EXCELLENCE  FOR  THE  TWO
THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, UNLESS ALL SCHOOLS
IN  THE  DISTRICT  ARE  IDENTIFIED  AS  IN GOOD STANDING, SHALL SUBMIT A
CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  SCHOOL  YEAR  WHICH  SHALL,  NOTWITHSTANDING THE REQUIREMENTS OF
SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO  OF  THIS  SECTION,

S. 1506                             6                            A. 2006

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 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR.  For
purposes  of this paragraph, the "gap elimination adjustment percentage"
shall be calculated as the sum of one minus the quotient of the  sum  of
the  school  district's  net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten,  making  appropriations  for  the  support  of
government,  plus  the  school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand  eleven,  making  appropriations
for  the  support  of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of  two  thou-
sand  eleven,  making  appropriations  for  the local assistance budget,
including support for general  support  for  public  schools.  Provided,
further,  that  such  amount  shall  be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school  year  or  to  support  new  or  expanded  allowable
programs and activities in the current year.
  §  2. Section 3614 of the education law, as added by section 4 of part
CCC of chapter 59 of the laws of 2018, is amended to read as follows:
  § 3614. Statement of the total funding allocation. 1.  Notwithstanding
any  provision  of  law,  rule or regulation to the contrary, commencing
with the two thousand eighteen--two thousand nineteen  school  year  for
school  districts which contain at least four schools as reported in the
school report card database produced by the  commissioner  for  the  two
thousand  sixteen--two  thousand seventeen school year and which receive
at least fifty percent of total revenue from state aid  as  reported  in
the  fiscal  profiles  master  files report produced by the commissioner
concerning data on school district expenditures and revenues for the two
thousand fifteen--two  thousand  sixteen  school  year  and  for  school
districts  located in a city with a population of more than one million,
and commencing with  the  two  thousand  nineteen--two  thousand  twenty
school  year  for  school  districts containing at least four schools as
reported in the school report card database produced by the commissioner
for the two thousand sixteen--two thousand seventeen  school  year,  and
commencing  with the two thousand twenty--two thousand twenty-one school
year for all [other] school  districts  eligible  for  an  apportionment
pursuant  to  subdivision four of section thirty-six hundred two of this
part, such school districts shall annually submit  to  the  commissioner
and  the director of the budget and shall make publicly available and on
the district website a detailed statement of  the  total  funding  allo-
cation  for  each  school in the district for the upcoming school budget
year [prior to the first day of] ON OR BEFORE THE FRIDAY PRIOR TO  LABOR
DAY OF such school year, provided that:
  a.  Such  statements shall be in a statewide uniform form developed by
the director of the  budget,  in  consultation  with  the  commissioner,
provided  that  when  preparing statements districts shall adhere to and
complete the prescribed form accurately and fully, and provided  further
that the director of the budget shall request in such form only informa-
tion  that  is  known  to,  or  may  be ascertained or estimated by, the
district.  Provided, further, that each local educational  agency  shall
include  in  such  statement the approach used to allocate funds to each
school and that such statement shall include but not be limited to sepa-
rate entries for  each  individual  school,  demographic  data  for  the

S. 1506                             7                            A. 2006

school,  per  pupil funding level, source of funds, and uniform decision
rules regarding allocation of centralized spending to individual schools
from all funding sources.
  b.  Within  [thirty]  NINETY days of submission of such statement by a
school district, the commissioner  and  director  of  the  budget  shall
review  such  statement  and determine whether the statement is complete
and is in the format required by paragraph a  of  this  subdivision.  If
such  statement  is determined to be complete and in the format required
by paragraph a of this subdivision, a written  acknowledgement  of  such
shall be sent to the school district. If no determination is made by the
commissioner  and the director of the budget within [thirty] NINETY days
of submission of the statement, such statement shall be deemed approved.
Should the commissioner or the director of the budget request additional
information from the school  district  to  determine  completeness,  THE
DISTRICT SHALL SUBMIT SUCH REQUESTED INFORMATION TO THE COMMISSIONER AND
THE  DIRECTOR  OF  THE BUDGET WITHIN THIRTY DAYS OF SUCH REQUEST AND the
COMMISSIONER AND THE DIRECTOR OF THE BUDGET'S deadline  FOR  REVIEW  AND
DETERMINATION shall be extended by [thirty] NINETY days from the date of
submission  of the additional requested information. If the commissioner
or director of the budget determine a school district's spending  state-
ment to be noncompliant, such school district shall be allowed to submit
a revised spending statement at any time.
  c.  If  a school district fails to submit a statement that is complete
and in the format required by paragraph a of this  subdivision  [by  the
first  day]  ON  OR  BEFORE THE FRIDAY PRIOR TO LABOR DAY of such school
year or if the commissioner or director  of  the  budget  determine  the
school  district's  spending  statement  to  be  noncompliant, a written
explanation shall be provided and the school district will  have  thirty
days  to  cure. If the school district does not cure within thirty days,
AT THE JOINT DIRECTION OF THE DIRECTOR OF THE BUDGET AND THE COMMISSION-
ER, the comptroller of the city in which such school district  is  situ-
ated,  or  if  the  city does not have an elected comptroller, the chief
financial officer of the city, or for school districts not located in  a
city,  the  chief financial officer of the town in which the majority of
the school district is situated shall  be  authorized,  at  his  or  her
discretion,  to obtain appropriate information from the school district,
and shall be authorized to complete such form and submit such  statement
to  the  director  of  the  budget  and the commissioner for approval in
accordance with paragraph b of this subdivision. Where  the  comptroller
or  chief financial officer exercises the authority to submit such form,
such submission shall occur within sixty days following notification  of
the  school  district's failure to cure. Nothing in this paragraph shall
preclude a school district from  submitting  a  spending  statement  for
approval by the director of the budget and the commissioner at any time.
  2.  Nothing  in  this  section shall alter or suspend statutory school
district budget and voting or approval requirements.
  3. A. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL  YEAR
AND  THEREAFTER, SCHOOL DISTRICTS DESIGNATED AS REQUIRING AN EQUITY PLAN
SHALL SUBMIT SUCH PLAN AS DEFINED IN THIS  SECTION  ON  OR  BEFORE  JULY
FIRST  OF  SUCH SCHOOL YEAR TO THE COMMISSIONER FOR HIS OR HER APPROVAL.
SUCH PLAN SHALL SPECIFY HOW THE SCHOOL DISTRICT WILL INCREASE PER  PUPIL
EXPENDITURES,  FROM  ALL SOURCES, IN UNDERFUNDED HIGH-NEED SCHOOLS UNDER
THIS SUBDIVISION WITHIN SUCH DISTRICT  ABOVE  THE  LEVEL  AT  WHICH  THE
SCHOOL  DISTRICT WOULD HAVE OTHERWISE FUNDED SUCH SCHOOLS IN THE CURRENT
YEAR IN ORDER TO MAINTAIN A LEVEL OF  CURRENT  SERVICES  FROM  THE  BASE
YEAR,  INCLUDING  BUT  NOT  LIMITED  TO CONTRACTUAL SALARY INCREASES AND

S. 1506                             8                            A. 2006

OTHER CONTINUATIONS. SUCH PLAN  SHALL  SPECIFY  HOW  THE  DISTRICT  WILL
UTILIZE  FOR THIS PURPOSE AN AMOUNT AT LEAST EQUAL TO THE PRODUCT OF THE
EQUITY PERCENTAGE MULTIPLIED BY THE INCREASE IN FOUNDATION  AID  IN  THE
CURRENT  YEAR PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART.
  B. ON OR BEFORE MAY FIRST OF THE BASE YEAR, THE DIRECTOR OF THE BUDGET
SHALL PRODUCE A LIST OF UNDERFUNDED HIGH-NEED  SCHOOLS,  AS  DEFINED  IN
PARAGRAPH C OF THIS SUBDIVISION. PROVIDED, HOWEVER, THAT THE DIRECTOR OF
THE  BUDGET  SHALL EXCLUDE FROM THIS LIST SCHOOLS WITHIN DISTRICT SEVEN-
TY-FIVE OF THE CITY SCHOOL DISTRICT OF NEW YORK, SCHOOLS THAT ARE OF THE
SAME SCHOOL TYPE WITHIN A DISTRICT BUT DO NOT  SERVE  ANY  GRADE  LEVELS
THAT  OVERLAP,  SCHOOLS SERVING ONLY STUDENTS IN PREKINDERGARTEN, OR ANY
OTHER SCHOOLS WITH IRREGULAR OR OUTLYING PROPERTIES.
  C. IN THE EVENT THAT A SCHOOL  DISTRICT  DESIGNATED  AS  REQUIRING  AN
EQUITY  PLAN  FOR  ANY SUCH SCHOOL YEAR HAS NOT SUBMITTED AN EQUITY PLAN
PURSUANT TO THIS SUBDIVISION THAT HAS BEEN APPROVED BY THE  COMMISSIONER
BY  SEPTEMBER  FIRST  OF THE SCHOOL YEAR, THE COMMISSIONER SHALL DEVELOP
SUCH PLAN FOR THE SCHOOL DISTRICT, SPECIFYING THE INCREASE IN PER  PUPIL
EXPENDITURES  REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION AT EACH UNDER-
FUNDED HIGH-NEED SCHOOL WITHIN THE SCHOOL DISTRICT, AND SHALL ORDER  THE
OFFICERS  OF THE SCHOOL DISTRICT TO IMPLEMENT SUCH PLAN FULLY AND FAITH-
FULLY.
  D. FOR PURPOSES OF THIS SUBDIVISION:
  (1) "SCHOOL DISTRICTS DESIGNATED AS REQUIRING AN  EQUITY  PLAN"  SHALL
MEAN  ANY  SCHOOL  DISTRICT THAT IS REQUIRED TO SUBMIT A STATEMENT UNDER
SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR  WITH  AN  UNDERFUNDED
HIGH-NEED SCHOOL;
  (2)  "EQUITY  PERCENTAGE" SHALL MEAN THE PRODUCT OF TEN PERCENT MULTI-
PLIED BY THE NUMBER OF UNDERFUNDED HIGH-NEED SCHOOLS WITHIN  THE  SCHOOL
DISTRICT,  BUT  SHALL  NOT  EXCEED:  (A)  FIFTY  PERCENT  FOR ANY SCHOOL
DISTRICT WHICH RECEIVES AT LEAST FIFTY PERCENT  OF  TOTAL  REVENUE  FROM
STATE  AID  AS  REPORTED  IN  THE  FISCAL  PROFILES  MASTER FILES REPORT
PRODUCED BY THE COMMISSIONER CONCERNING DATA ON SCHOOL DISTRICT EXPENDI-
TURES AND REVENUES FOR THE TWO THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN
SCHOOL YEAR; AND (B) SEVENTY-FIVE PERCENT FOR ANY OTHER SCHOOL DISTRICT;
  (3)  "SCHOOL TYPE" FOR ANY SCHOOL SHALL MEAN ELEMENTARY, MIDDLE, HIGH,
PRE-K ONLY, OR K-12, AS DEFINED BY THE COMMISSIONER, PROVIDED  THAT  FOR
PURPOSES OF THIS SUBDIVISION, A "MIDDLE" SCHOOL SHALL INCLUDE ANY SCHOOL
WITH  THE  GRADE ORGANIZATION OF EITHER A MIDDLE SCHOOL OR A JUNIOR HIGH
SCHOOL, AND A "HIGH" SCHOOL SHALL INCLUDE  ANY  SCHOOL  WITH  THE  GRADE
ORGANIZATION  OF  EITHER  A  SENIOR  HIGH SCHOOL OR A JUNIOR-SENIOR HIGH
SCHOOL;
  (4) "UNDERFUNDED HIGH-NEED SCHOOL" SHALL MEAN A SCHOOL WITHIN A SCHOOL
DISTRICT THAT HAS BEEN DEEMED BOTH A SIGNIFICANTLY HIGH-NEED SCHOOL  AND
A SIGNIFICANTLY LOW FUNDED SCHOOL;
  (5)  "STUDENT  NEED  INDEX"  FOR  ANY  SCHOOL  SHALL MEAN THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE  WEIGHTED  STUDENT  ENROLLMENT  AS  DEFINED
HEREIN  BY  THE  K-12  ENROLLMENT  FOR  THE BASE YEAR AS REPORTED ON THE
STATEMENT REQUIRED PURSUANT TO THIS SECTION;
  (6) "AVERAGE STUDENT  NEED  INDEX  BY  SCHOOL  TYPE"  SHALL  MEAN  THE
QUOTIENT ARRIVED AT WHEN DIVIDING THE SUM OF WEIGHTED STUDENT ENROLLMENT
AS  DEFINED  HEREIN FOR ALL SCHOOLS WITHIN A SCHOOL DISTRICT OF THE SAME
SCHOOL TYPE BY THE K-12 ENROLLMENT FOR THE BASE YEAR FOR ALL SCHOOLS  IN
A  SCHOOL  DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE STATEMENT
REQUIRED PURSUANT TO THIS SECTION;

S. 1506                             9                            A. 2006

  (7) "WEIGHTED STUDENT ENROLLMENT" FOR ANY SCHOOL SHALL  MEAN  THE  SUM
OF:   (A) K-12 ENROLLMENT PLUS (B) THE PRODUCT OF THE NUMBER OF STUDENTS
ELIGIBLE TO RECEIVE FREE AND REDUCED PRICE LUNCH  MULTIPLIED  BY  SIXTY-
FIVE ONE-HUNDREDTHS (0.65) PLUS (C) THE PRODUCT OF THE NUMBER OF ENGLISH
LANGUAGE  LEARNERS MULTIPLIED BY ONE-HALF (0.5), PLUS (D) THE PRODUCT OF
THE NUMBER OF STUDENTS WITH DISABILITIES MULTIPLIED BY ONE AND FORTY-ONE
ONE-HUNDREDTHS (1.41), FOR THE BASE YEAR AS REPORTED  ON  THE  STATEMENT
REQUIRED PURSUANT TO THIS SECTION;
  (8)  "SIGNIFICANTLY  HIGH-NEED  SCHOOL"  SHALL  MEAN  A  SCHOOL WITH A
STUDENT NEED INDEX GREATER THAN THE PRODUCT OF THE AVERAGE STUDENT  NEED
INDEX  BY  SCHOOL  TYPE WITHIN THE SCHOOL DISTRICT MULTIPLIED BY ONE AND
FIVE ONE-HUNDREDTHS (1.05);
   (9) "PER PUPIL EXPENDITURES" FOR ANY SCHOOL SHALL MEAN  THE  QUOTIENT
ARRIVED AT WHEN DIVIDING THE EXPENDITURE AMOUNT AS REPORTED FOR THE BASE
YEAR  IN  THE  STATEMENT  REQUIRED  PURSUANT  TO THIS SECTION, EXCLUDING
EXPENDITURES  FOR  PREKINDERGARTEN  AND  PRESCHOOL   SPECIAL   EDUCATION
PROGRAMS  AND  CENTRAL DISTRICT COSTS BY THE WEIGHTED STUDENT ENROLLMENT
OF THE SCHOOL;
  (10) "AVERAGE PER PUPIL EXPENDITURES BY SCHOOL TYPE"  SHALL  MEAN  THE
QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF THE EXPENDITURE AMOUNTS
REPORTED  FOR  THE  BASE YEAR IN THE STATEMENT REQUIRED PURSUANT TO THIS
SECTION,  EXCLUDING  EXPENDITURES  FOR  PREKINDERGARTEN  AND   PRESCHOOL
SPECIAL  EDUCATION  PROGRAMS AND CENTRAL DISTRICT COSTS, FOR ALL SCHOOLS
WITHIN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE  BY  (B)  THE  WEIGHTED
STUDENT  ENROLLMENT  FOR  THE  BASE  YEAR  FOR  ALL  SCHOOLS IN A SCHOOL
DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE  STATEMENT  REQUIRED
PURSUANT TO THIS SECTION;
  (11)  "SIGNIFICANTLY  LOW  FUNDED SCHOOL" SHALL MEAN A SCHOOL WITHIN A
SCHOOL DISTRICT THAT HAS PER PUPIL EXPENDITURES LESS THAN THE PRODUCT OF
THE AVERAGE PER PUPIL EXPENDITURES BY  SCHOOL  TYPE  WITHIN  THE  SCHOOL
DISTRICT MULTIPLIED BY ONE AND FIVE ONE-HUNDREDTHS (1.05).
  (12) "BASE YEAR" SHALL MEAN THE BASE YEAR AS DEFINED IN PARAGRAPH B OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART.
  (13)  "CURRENT  YEAR"  SHALL MEAN THE CURRENT YEAR AS DEFINED IN PARA-
GRAPH A OF SUBDIVISION ONE OF SECTION THIRTY-SIX  HUNDRED  TWO  OF  THIS
PART.
  §  3.  Paragraph  bb of subdivision 1 of section 3602 of the education
law, as added by section 25 of part A of chapter 58 of the laws of 2011,
is amended to read as follows:
  bb. "Personal income growth index" shall mean (1) for the two thousand
twelve--two thousand thirteen school year, the average of the  quotients
for  each  year in the period commencing with the two thousand five--two
thousand six state fiscal year and finishing with the two thousand nine-
-two thousand ten state fiscal year of the total personal income of  the
state  for  each  such  year divided by the total personal income of the
state for the immediately preceding state fiscal year, but not less than
one [and], (2) for the  two  thousand  thirteen--two  thousand  fourteen
[school year and each school year thereafter] THROUGH TWO THOUSAND EIGH-
TEEN--TWO  THOUSAND  NINETEEN  SCHOOL  YEARS,  the quotient of the total
personal income of the state for the state fiscal year one year prior to
the state fiscal year in which the base year commenced  divided  by  the
total  personal  income of the state for the immediately preceding state
fiscal year, but not less than one AND (3) FOR THE  TWO  THOUSAND  NINE-
TEEN--TWO  THOUSAND  TWENTY SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER,
THE AVERAGE OF THE QUOTIENTS FOR EACH YEAR IN THE PERIOD COMMENCING WITH
THE STATE FISCAL YEAR NINE YEARS PRIOR TO THE STATE FISCAL YEAR IN WHICH

S. 1506                            10                            A. 2006

THE BASE YEAR BEGAN AND FINISHING WITH THE STATE FISCAL  YEAR  PRIOR  TO
THE STATE FISCAL YEAR IN WHICH THE BASE YEAR BEGAN OF THE TOTAL PERSONAL
INCOME  OF  THE  STATE  FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL
INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT
NOT LESS THAN ONE.
  §  4.  Paragraph  e  of subdivision 4 of section 3602 of the education
law, as amended by section 9-b of part CCC of chapter 59 of the laws  of
2018, is amended to read as follows:
  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 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", (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 seven-
teen--two thousand eighteen school year and  entitled  "BT171-8",  [and]
(iii)  the  amount,  if  any,  set forth for such district as "COMMUNITY
SCHOOLS INCREASE" in the data  file  produced  by  the  commissioner  in
support of the executive budget for the two thousand eighteen--two thou-
sand  nineteen  school year and entitled "BT181-9", AND (IV) THE AMOUNT,
IF ANY, SET FORTH FOR SUCH DISTRICT AS "19-20 COMMUNITY SCHOOLS INCR" IN
THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECUTIVE
BUDGET  FOR  THE  TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
AND ENTITLED "BT192-0". Each school district shall use  such  "COMMUNITY
SCHL AID (BT1617)" amount to support the transformation of school build-
ings  into community hubs to deliver co-located or school-linked academ-
ic, 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-lo-
cated or school linked academic,  health,  mental  health  services  and
personnel,  after-school programming, dual language programs, nutrition,
counseling, legal and/or other services to students and their  families,
including but not limited to providing a community school site coordina-
tor  and  programs  for  English  language learners, or to support other
costs incurred to  maximize  students'  academic  achievement,  provided
however  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 transforma-
tion at schools with extraordinary high levels of student need as  iden-
tified  by  the commissioner, subject to the approval of the director of
the budget. Each school  district  shall  use  such  "COMMUNITY  SCHOOLS
INCREASE"  to support the transformation of school buildings into commu-
nity hubs to deliver  co-located  or  school  linked  academic,  health,
mental  health  services  and  personnel, after-school programming, dual
language programs, 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, or to support  other  costs  incurred  to  maximize  students'
academic  achievement. EACH SCHOOL DISTRICT SHALL USE SUCH "19-20 COMMU-
NITY SCHOOLS INCR" TO SUPPORT THE  TRANSFORMATION  OF  SCHOOL  BUILDINGS

S. 1506                            11                            A. 2006

INTO  COMMUNITY  HUBS  TO  DELIVER CO-LOCATED OR SCHOOL LINKED ACADEMIC,
HEALTH, MENTAL HEALTH SERVICES AND PERSONNEL, AFTER-SCHOOL  PROGRAMMING,
DUAL  LANGUAGE  PROGRAMS,  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.
  §  5. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph g to read as follows:
  G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
RY, FOUNDATION AID PAYABLE IN THE TWO  THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  SCHOOL  YEAR  SHALL  EQUAL  THE  SUM  OF THE FOUNDATION AID BASE
COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS
THE BASE INCREASE PLUS THE TWO THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY
COMMUNITY SCHOOLS INCREASE, BOTH AS DEFINED IN THIS PARAGRAPH.
  (1)  THE  BASE INCREASE SHALL EQUAL THE GREATER OF TIERS A, B, C, OR D
AS DEFINED IN THIS SUBPARAGRAPH.
  (A) TIER A SHALL EQUAL THE PRODUCT OF THE PHASE-IN  FACTOR  MULTIPLIED
BY  THE  POSITIVE  DIFFERENCE,   IF ANY, OF (A) THE PRODUCT OF THE TOTAL
AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED  BY  THE  DISTRICT'S  SELECTED
FOUNDATION  AID LESS (B) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT
TO PARAGRAPH J OF SUBDIVISION  ONE  OF  THIS  SECTION,  WHERE  "PHASE-IN
FACTOR" SHALL MEAN (1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPU-
LATION  OF ONE MILLION OR MORE, ELEVEN THOUSAND NINE HUNDRED THIRTY-FOUR
HUNDRED THOUSANDTHS (0.11934), AND (2) FOR ALL OTHER  SCHOOL  DISTRICTS,
FIVE ONE-THOUSANDTHS (0.005).
  (B) TIER B SHALL EQUAL, FOR DISTRICTS WITH A COMBINED WEALTH RATIO FOR
TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT TO PARAGRAPH C OF SUBDIVISION
THREE OF THIS SECTION LESS THAN ONE AND AN EXTRAORDINARY  NEEDS  PERCENT
FOR  THE DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF
THIS SECTION GREATER THAN THREE HUNDRED FIFTEEN ONE-THOUSANDTHS (0.315),
THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT  COMPUTED  PURSUANT  TO
PARAGRAPH  N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF
THE EN  BASE  INCREASE  PLUS  THE  SPARSITY  INCREASE,  WHERE  "EN  BASE
INCREASE"  SHALL  MEAN  THE  PRODUCT,  TRUNCATED TO TWO DECIMALS, OF THE
EXTRAORDINARY NEEDS INDEX MULTIPLIED BY NINETY-SEVEN DOLLARS  AND  THREE
CENTS  ($97.03);  "EXTRAORDINARY  NEEDS  INDEX"  SHALL MEAN THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE EXTRAORDINARY NEEDS PERCENT BY THE QUOTIENT
ARRIVED  AT  WHEN  DIVIDING  THE  STATEWIDE  EXTRAORDINARY  NEEDS  COUNT
COMPUTED  PURSUANT  TO PARAGRAPH S OF SUBDIVISION ONE OF THIS SECTION BY
THE STATEWIDE TOTAL PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED  PURSUANT
TO  PARAGRAPH  N OF SUBDIVISION ONE OF THIS SECTION; "SPARSITY INCREASE"
SHALL MEAN, FOR DISTRICTS WITH A SPARSITY FACTOR  COMPUTED  PURSUANT  TO
PARAGRAPH  R  OF  SUBDIVISION  ONE OF THIS SECTION GREATER THAN ZERO AND
OTHERWISE ELIGIBLE FOR THIS TIER, THE PRODUCT OF THE EXTRAORDINARY NEEDS
INDEX AS COMPUTED HEREIN MULTIPLIED BY THIRTY DOLLARS ($30.00).
  (C) TIER C SHALL EQUAL, FOR  ALL  SCHOOL  DISTRICTS,  THE  PRODUCT  OF
PUBLIC  SCHOOL  DISTRICT  ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE PRODUCT OF THE TIER  C
RATIO  MULTIPLIED  BY ONE HUNDRED SEVENTY-THREE DOLLARS AND TWO AND ONE-
HALF CENTS ($173.025), WHERE THE "TIER C RATIO" SHALL BE THE  DIFFERENCE
OF  ONE  AND  THIRTY-SEVEN HUNDREDTHS (1.37) LESS THE PRODUCT OF ONE AND
SEVENTY-TWO HUNDREDTHS (1.72) MULTIPLIED BY THE PUPIL WEALTH  RATIO  FOR
TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT TO PARAGRAPH A OF SUBDIVISION
THREE OF THIS SECTION, PROVIDED THAT SUCH RATIO SHALL NOT BE  LESS  THAN
ZERO NOR MORE THAN NINE-TENTHS (0.9).

S. 1506                            12                            A. 2006

  (D)  TIER  D SHALL EQUAL, FOR ALL SCHOOL DISTRICTS, THE PRODUCT OF THE
FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION  ONE
OF THIS SECTION MULTIPLIED BY TWENTY-FIVE TEN THOUSANDTHS (0.0025).
  (2)  THE  TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY COMMUNITY SCHOOLS
INCREASE SHALL EQUAL THE GREATER OF TIERS ONE OR TWO, WHERE:
  (A) TIER ONE SHALL EQUAL, FOR ELIGIBLE SCHOOL DISTRICTS, THE TIER  ONE
PER  PUPIL  AMOUNT  MULTIPLIED  BY  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT
COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION  ONE  OF  THIS  SECTION,
WHERE  THE  TIER ONE PER PUPIL AMOUNT SHALL EQUAL THE PRODUCT OF EIGHTY-
TWO DOLLARS AND SIXTY-THREE CENTS ($82.63) MULTIPLIED BY  THE  TIER  ONE
RATIO,  WHERE  THE TIER ONE RATIO SHALL EQUAL THE DIFFERENCE OF ONE LESS
THE PRODUCT OF THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID MULTI-
PLIED BY SIXTY-FOUR HUNDREDTHS (0.64), PROVIDED THAT  SUCH  RATIO  SHALL
NOT  BE  LESS THAN ZERO NOR GREATER THAN NINE-TENTHS (0.9). AN "ELIGIBLE
SCHOOL DISTRICT" SHALL MEAN A SCHOOL DISTRICT  WITH  (I)  AT  LEAST  ONE
SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER
PURSUANT  TO  PARAGRAPH  (A)  OR  (B)  OF SUBDIVISION ONE OF SECTION TWO
HUNDRED ELEVEN-F OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND EIGH-
TEEN OR, (II) A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID  COMPUTED
PURSUANT  TO  PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN
NINE-TENTHS (0.9), AND FIVE YEAR ELL GROWTH GREATER THAN THE GREATER  OF
ONE  HUNDRED  (100) PUPILS OR THE GROWTH THRESHOLD, WHERE "FIVE YEAR ELL
GROWTH" SHALL EQUAL THE POSITIVE  DIFFERENCE  OF  THE  ENGLISH  LANGUAGE
LEARNER  COUNT  FOR  THE  TWO  THOUSAND  EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR LESS SUCH COUNT FOR THE TWO THOUSAND THIRTEEN--TWO  THOUSAND
FOURTEEN SCHOOL YEAR, AND WHERE "GROWTH THRESHOLD" SHALL EQUAL THE PROD-
UCT  OF  THE  ENGLISH  LANGUAGE LEARNER COUNT FOR THE TWO THOUSAND THIR-
TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR MULTIPLIED BY ONE-TENTH (0.1).
  (B) TIER TWO SHALL EQUAL, FOR ALL SCHOOL DISTRICTS  WITH  A  COMMUNITY
SCHOOLS  SETASIDE  PURSUANT  TO  PARAGRAPH E OF THIS SUBDIVISION GREATER
THAN ZERO, THE POSITIVE DIFFERENCE, IF  ANY,  OF  ONE  HUNDRED  THOUSAND
DOLLARS  ($100,000)  LESS  SUCH  COMMUNITY  SCHOOLS SETASIDE FOR THE TWO
THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR PURSUANT  TO  PARA-
GRAPH E OF THIS SUBDIVISION.
  §  5-a.  Clause (ii) of subparagraph 2 of paragraph b of subdivision 4
of section 3602 of the education law, as amended by section 9-b of  part
CCC of chapter 59 of the laws of 2018, is amended to read as follows:
  (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. 1506                            13                            A. 2006

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  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

S. 1506                            14                            A. 2006

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",  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),  provided  further
that  for  the two thousand seventeen--two thousand eighteen school year
the foundation aid increase phase-in factor shall equal (1)  for  school
districts with a census 2000 poverty rate computed pursuant to paragraph
q of subdivision one of this section equal to or greater than twenty-six
percent  (0.26),  ten  and  three-tenths  percent  (0.103), or (2) for a
school district in a city with a population in excess of one million  or
more,  seventeen  and  seventy-seven one-hundredths percent (0.1777), or
(3) 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  decennial  census,  twelve  and  sixty-nine  hundredths  percent
(0.1269)  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  thou-
sand,  as  of the most recent federal decennial census, ten and seventy-
eight one hundredths percent (0.1078), or (5) for a city school district
in a city with a population of more than one hundred  twenty-five  thou-
sand  but  less  than  one  hundred fifty thousand as of the most recent
federal decennial census, nineteen and one hundred eight one-thousandths
percent (0.19108), or (6) 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,  ten  and
six-tenths  percent  (0.106),  or  (7) for all other districts, four and
eighty-seven one-hundredths percent (0.0487), and for the  two  thousand
[nineteen]  TWENTY--two  thousand  [twenty]  TWENTY-ONE  school year and
thereafter the commissioner shall annually determine the phase-in  foun-
dation  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.
  §  6.  Paragraph  d  of subdivision 4 of section 3602 of the education
law, as amended by section 9-b of part CCC of chapter 59 of the laws  of
2018, is amended to read as follows:
  d.  For  the  two  thousand fourteen--two thousand fifteen through two
thousand [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY  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.
  § 7. Subparagraph 4 of paragraph e of subdivision 3 of section 3602 of
the education law, as added by section 13 of part B of chapter 57 of the
laws of 2007, is amended to read as follows:
  (4) The building aid ratio shall be computed by subtracting  from  one
the  product obtained by multiplying the resident weighted average daily

S. 1506                            15                            A. 2006

attendance wealth ratio by fifty-one percent. Such aid  ratio  shall  be
expressed  as  a  decimal  carried to three places without rounding, but
shall not be less than (I) FOR THE TWO THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY AND PRIOR SCHOOL YEARS, zero , OR (II) FOR THE TWO THOUSAND TWEN-
TY--TWO  THOUSAND  TWENTY-ONE  SCHOOL YEAR AND THEREAFTER, FIVE ONE-HUN-
DREDTHS (0.05).
  § 8. Subparagraph 2 of paragraph a of subdivision 6 of section 3602 of
the education law, as amended by section 5 of part A of  chapter  60  of
the laws of 2000, is amended to read as follows:
  (2)  Where a school district has expenditures for site purchase, grad-
ing or improvement of the site, original furnishings, equipment, machin-
ery or apparatus, or professional fees, or other incidental  costs,  the
cost allowances for new construction and the purchase of existing struc-
tures  may be increased by the actual expenditures for such purposes but
by not more than: (I) FOR PROJECTS APPROVED PRIOR  TO  JULY  FIRST,  TWO
THOUSAND  NINETEEN  BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
OF EDUCATION OF A CITY SCHOOL DISTRICT IN A  CITY  WITH  MORE  THAN  ONE
HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
MORE,  AN  AMOUNT  EQUAL TO the product of the applicable cost allowance
established pursuant to subparagraph one of this  paragraph  and  twenty
per  centum  for school buildings or additions housing grades prekinder-
garten through six and by not more than the product of such cost  allow-
ance  and twenty-five per centum for school buildings or additions hous-
ing grades seven through twelve and by not more than the product of such
cost allowance and twenty-five per centum for school buildings or  addi-
tions   housing   special   education   programs   as  approved  by  the
commissioner; AND (II) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO
THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY  THE  BOARD
OF  EDUCATION  OF  A  CITY  SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR  THE  CHANCELLOR  IN  A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, AN AMOUNT EQUAL TO THE PRODUCT OF THE LESSER OF THE COST ALLOWANCE
COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH  OR  THE  ACTUAL
COSTS  RELATING  TO THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHA-
BILITATION OR IMPROVEMENT OF A SCHOOL BUILDING AND TWENTY PER CENTUM FOR
SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES PREKINDERGARTEN THROUGH SIX
AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER AMOUNT  AND  TWENTY-FIVE
PER  CENTUM  FOR  SCHOOL  BUILDINGS  OR  ADDITIONS  HOUSING GRADES SEVEN
THROUGH TWELVE AND BY NOT MORE THAN THE PRODUCT OF  SUCH  LESSER  AMOUNT
AND  TWENTY-FIVE  PER  CENTUM  FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING
SPECIAL EDUCATION PROGRAMS AS APPROVED BY THE COMMISSIONER.
  § 9. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6  of
section  3602 of the education law, as amended by section 12-a of part L
of chapter 57 of the laws of 2005, is amended to read as follows:
  (ii) Apportionment. The apportionment pursuant  to  this  subparagraph
shall equal the product of such eligible approved expenses determined in
accordance  with  the  provisions of clause (i) of this subparagraph and
this section and the incentive decimal computed for use in the  year  in
which  the  project was approved. The incentive decimal shall equal: (A)
FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN BY  THE
VOTERS  OF  THE  SCHOOL  DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, the positive  remainder
resulting  when  the  district's building aid ratio selected pursuant to

S. 1506                            16                            A. 2006

paragraph c of this subdivision is subtracted from the enhanced building
aid ratio. The enhanced building aid ratio shall equal the  sum  of  the
building  aid  ratio  selected  for  use in the current year pursuant to
paragraph  c  of this subdivision and one-tenth, computed to three deci-
mals without rounding, but not more than (a) ninety-eight hundredths for
a high need school district, as defined pursuant to regulations  of  the
commissioner, for all school building projects approved by the voters of
the  school  district  or  by  the  board  of education of a city school
district in a city with  more  than  one  hundred  twenty-five  thousand
inhabitants,  and/or  the chancellor in a city school district in a city
having a population of one million or more, on or after July first,  two
thousand five, or (b) ninety-five hundredths for any other school build-
ing  project  or  school  district, nor less than one-tenth; AND (B) FOR
PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN  BY  THE
VOTERS  OF  THE  SCHOOL  DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE POSITIVE  REMAINDER
RESULTING  WHEN  THE DISTRICT'S CURRENT YEAR BUILDING AID RATIO PURSUANT
TO CLAUSE D OF SUBPARAGRAPH TWO OF PARAGRAPH C OF  THIS  SUBDIVISION  IS
SUBTRACTED  FROM  THE ENHANCED BUILDING AID RATIO. THE ENHANCED BUILDING
AID RATIO SHALL EQUAL THE SUM OF THE BUILDING AID RATIO SELECTED FOR USE
IN THE CURRENT YEAR PURSUANT TO CLAUSE D OF SUBPARAGRAPH  TWO  OF  PARA-
GRAPH  C  OF  THIS SUBDIVISION AND SCALED INCENTIVE DECIMAL, COMPUTED TO
THREE DECIMALS WITHOUT ROUNDING, BUT  NOT  MORE  THAN  (A)  NINETY-EIGHT
HUNDREDTHS FOR A HIGH-NEED SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGU-
LATIONS OF THE COMMISSIONER AND USED 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", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE
SCHOOL  DISTRICT  OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT
IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE  THOUSAND  INHABITANTS,
AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION  OF  ONE  MILLION  OR MORE, OR (B) NINETY-FIVE HUNDREDTHS FOR ANY
OTHER SCHOOL BUILDING PROJECT OR SCHOOL DISTRICT. THE  SCALED  INCENTIVE
DECIMAL  SHALL  EQUAL  (A) ONE-TENTH FOR A HIGH-NEED SCHOOL DISTRICT, AS
DEFINED PURSUANT TO REGULATIONS OF THE COMMISSIONER  AND  USED  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", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY
THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR (B) THE  PRODUCT  OF
ONE-TENTH  MULTIPLIED  BY  THE  STATE SHARING RATIO COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION FOR  ANY  OTHER  SCHOOL
BUILDING PROJECT OR SCHOOL DISTRICT.
  §  10. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of
section 3602 of the education law, as amended by section 15 of part B of
chapter 57 of the laws of 2008, is amended and a new clause (d) is added
to read as follows:
  (b) For aid payable in the school years two thousand--two thousand one
and thereafter for all school building projects approved by  the  voters
of  the  school  district  or by the board of education of a city school
district in a city with  more  than  one  hundred  twenty-five  thousand
inhabitants,  and/or  the chancellor in a city school district in a city

S. 1506                            17                            A. 2006

having a population of one million or more, on or after July first,  two
thousand,  AND  PRIOR  TO  JULY FIRST, TWO THOUSAND NINETEEN, any school
district shall compute aid under  the  provisions  of  this  subdivision
using  the sum of the high-need supplemental building aid ratio, if any,
computed pursuant to clause (c) of this subparagraph and the greater  of
(i) the building aid ratio computed for use in the current year; or (ii)
a  building  aid ratio equal to the difference of the aid ratio that was
used or that would have been used to compute an  apportionment  pursuant
to  this  subdivision  in the nineteen hundred ninety-nine--two thousand
school year as such aid ratio is computed by the commissioner  based  on
data  on  file  with the department on or before July first of the third
school year following the school year in which  aid  is  first  payable,
less  one-tenth; or (iii) for all such school building projects approved
by the voters of the school district or by the board of education  of  a
city  school  district  in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or  more,  on  or  after  July
first,  two thousand and on or before June thirtieth, two thousand four,
for any school district for which the pupil wealth ratio is greater than
two and five-tenths in the school year in  which  such  school  building
project  was  approved  by  the  voters of the school district or by the
board of education of a city school district in a city  with  more  than
one hundred twenty-five thousand inhabitants, and/or the chancellor in a
city  school  district  in  a city having a population of one million or
more and for which the alternate pupil wealth ratio is less than  eight-
y-five  hundredths in such school year, and for all such school building
projects approved by the voters of the school district or by  the  board
of  education  of  a  city  school district in a city with more than one
hundred twenty-five thousand inhabitants, and/or  the  chancellor  in  a
city  school  district  in  a city having a population of one million or
more, on or after July first, two thousand five and on  or  before  June
thirtieth,  two  thousand  eight,  for any school district for which the
pupil wealth ratio was greater than two and five-tenths in the two thou-
sand--two thousand one school year and for  which  the  alternate  pupil
wealth  ratio was less than eighty-five hundredths in the two thousand--
two thousand  one  school  year,  the  additional  building  aid  ratio;
provided that, school districts who are eligible for aid under paragraph
f  of  subdivision  fourteen  of  this section may compute aid under the
provisions of this subdivision using the difference of  the  highest  of
the  aid  ratios so computed for the reorganized district or the highest
of the aid ratios so computed for any of the individual school districts
which existed prior to the date of the reorganized school district  less
one-tenth.
  (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS APPROVED
BY  THE  VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A
CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN  ONE  HUNDRED  TWENTY-FIVE
THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN
A  CITY  HAVING  A  POPULATION  OF ONE MILLION OR MORE, ON OR AFTER JULY
FIRST, TWO THOUSAND NINETEEN, ANY  SCHOOL  DISTRICT  SHALL  COMPUTE  AID
UNDER  THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE HIGH-NEED
SUPPLEMENTAL BUILDING AID RATIO, IF ANY, COMPUTED PURSUANT TO CLAUSE (C)
OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR USE IN  THE
CURRENT YEAR AS COMPUTED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH E OF
SUBDIVISION  THREE  OF THIS SECTION; PROVIDED THAT, SCHOOL DISTRICTS WHO
ARE ELIGIBLE FOR AID UNDER PARAGRAPH F OF SUBDIVISION FOURTEEN  OF  THIS

S. 1506                            18                            A. 2006

SECTION  MAY  COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING
THE DIFFERENCE OF THE HIGHEST OF THE AID RATIOS SO COMPUTED PURSUANT  TO
THIS  CLAUSE  FOR  THE  REORGANIZED  DISTRICT  OR THE HIGHEST OF THE AID
RATIOS  SO  COMPUTED  FOR  ANY  OF THE INDIVIDUAL SCHOOL DISTRICTS WHICH
EXISTED PRIOR TO THE DATE OF THE REORGANIZED SCHOOL DISTRICT.
  § 11. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph ii to read as follows:
  II. "SERVICES AID BASE" FOR THE PURPOSES OF THIS SECTION FOR AID PAYA-
BLE IN THE (I) TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
SHALL EQUAL THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE  IN  THE
BASE  YEAR,  AS  COMPUTED BY THE COMMISSIONER BASED ON DATA ON FILE WITH
THE EDUCATION DEPARTMENT ON NOVEMBER FIFTEENTH,  TWO  THOUSAND  NINETEEN
FOR:
  (1)  THE APPORTIONMENT FOR TEXTBOOKS PROVIDED AND COMPUTED PURSUANT TO
SECTION SEVEN HUNDRED ONE OF THIS CHAPTER;
  (2) AID FOR THE PURCHASE OF SCHOOL LIBRARY MATERIALS COMPUTED PURSUANT
TO SECTION SEVEN HUNDRED ELEVEN OF THIS CHAPTER;
  (3) AID FOR COMPUTER SOFTWARE PURCHASES COMPUTED PURSUANT  TO  SECTION
SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER;
  (4)  INSTRUCTIONAL  COMPUTER  HARDWARE AND TECHNOLOGY EQUIPMENT APPOR-
TIONMENT COMPUTED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF  THIS
CHAPTER;
  (5)  BOCES  AID COMPUTED PURSUANT TO SECTION NINETEEN HUNDRED FIFTY OF
THIS CHAPTER;
  (6) SUPPLEMENTAL PUBLIC EXCESS COST AID COMPUTED PURSUANT TO  SUBDIVI-
SION FIVE-A OF THIS SECTION;
  (7)  TRANSPORTATION AID COMPUTED PURSUANT TO SUBDIVISION SEVEN OF THIS
SECTION;
  (8) SPECIAL SERVICES AID FOR LARGE CITY  SCHOOL  DISTRICTS  AND  OTHER
SCHOOL  DISTRICTS  WHICH  WERE  NOT COMPONENTS OF A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES IN THE BASE YEAR COMPUTED PURSUANT  TO  SUBDIVISION
TEN OF THIS SECTION;
  (9)  ACADEMIC  ENHANCEMENT AID COMPUTED PURSUANT TO SUBDIVISION TWELVE
OF THIS SECTION;
  (10) HIGH TAX AID COMPUTED PURSUANT TO  SUBDIVISION  SIXTEEN  OF  THIS
SECTION;
  (11) TRANSITIONAL AID FOR CHARTER SCHOOL PAYMENTS COMPUTED PURSUANT TO
SUBDIVISION FORTY-ONE OF THIS SECTION; AND
  (II)  IN  THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY--TWO SCHOOL
YEAR AND THEREAFTER SHALL EQUAL THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE
TO RECEIVE IN THE BASE YEAR PURSUANT TO  SUBDIVISION  NINETEEN  OF  THIS
SECTION.
  §  12.  Section  3602  of the education law is amended by adding a new
subdivision 19 to read as follows:
  19. SERVICES AID. A. NOTWITHSTANDING SECTIONS SEVEN HUNDRED ONE, SEVEN
HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE,  AND
NINETEEN  HUNDRED  FIFTY OF THIS CHAPTER AND SUBDIVISIONS FIVE-A, SEVEN,
TEN, TWELVE, SIXTEEN, AND FORTY-ONE OF THIS SECTION, FOR THE  TWO  THOU-
SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, IN LIEU
OF SUCH APPORTIONMENTS, A SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
SERVICES  AID APPORTIONMENT IN THE AMOUNT OF THE PRODUCT OF THE SERVICES
AID BASE COMPUTED PURSUANT TO PARAGRAPH II OF SUBDIVISION  ONE  OF  THIS
SECTION  MULTIPLIED  BY THE SUM OF (A) THE CONSUMER PRICE INDEX COMPUTED
PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE  OF  THIS  SECTION  FOR  THE
CURRENT  YEAR  AND  (B)  THE  ANNUAL CHANGE IN RESIDENT WEIGHTED AVERAGE
DAILY ATTENDANCE, PROVIDED THAT SUCH SUM IS NOT  LESS  THAN  ONE  (1.0).

S. 1506                            19                            A. 2006

PROVIDED  FURTHER,  FOR  THE PURPOSES OF THIS SECTION, "ANNUAL CHANGE IN
RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE" SHALL MEAN THE  QUOTIENT  OF
(A)  THE  DIFFERENCE  OF  THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE
PURSUANT  TO  SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION ONE OF THIS
SECTION FOR THE YEAR PRIOR TO THE BASE YEAR LESS SUCH RESIDENT  WEIGHTED
AVERAGE  DAILY  ATTENDANCE FOR THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
DIVIDED BY (B) THE RESIDENT WEIGHTED AVERAGE DAILY  ATTENDANCE  FOR  THE
YEAR TWO YEARS PRIOR TO THE BASE YEAR.
  B.  FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT" SHALL
MEAN THE AMOUNT COMPUTED FOR THE APPORTIONMENT PURSUANT TO SECTION NINE-
TEEN HUNDRED FIFTY OF THIS CHAPTER FOR THE  TWO  THOUSAND  NINETEEN--TWO
THOUSAND  TWENTY  SCHOOL  YEAR  AS COMPUTED BY THE COMMISSIONER BASED ON
DATA ON FILE WITH THE EDUCATION DEPARTMENT ON  NOVEMBER  FIFTEENTH,  TWO
THOUSAND  NINETEEN. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY
THE BOCES PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO  SECTION  THIRTY-
SIX HUNDRED NINE-D OF THIS CHAPTER.
  § 13. The opening paragraph of section 3609-d of the education law, as
amended  by  section  20 of part L of chapter 57 of the laws of 2005, is
amended to read as follows:
  Notwithstanding the provisions of section thirty-six hundred nine-a of
this  article,  apportionments  payable  pursuant  to  section  nineteen
hundred  fifty of this chapter, AND THE BOCES PAYMENT ADJUSTMENT PAYABLE
PURSUANT TO SUBDIVISION NINETEEN OF SECTION THIRTY-SIX  HUNDRED  TWO  OF
THIS  CHAPTER shall be paid pursuant to this section. For aid payable in
the two thousand four--two thousand five  school  year  and  thereafter,
"moneys apportioned" shall mean the lesser of (i) 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 produced  by
the  commissioner  in  support of the budget including the appropriation
for support of boards of cooperative educational services  for  payments
due prior to April first for the current year, 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
payment  to be made in the month of June of two thousand six such calcu-
lation shall be based on the school aid computer listing for the current
year using updated data at the  time  of  each  payment.  For  districts
subject  to  chapter  five  hundred  sixty-three of the laws of nineteen
hundred eighty, thirty-six hundred two-b, or two thousand forty of  this
chapter,  for  aid  payable  in the two thousand four--two thousand five
school year and thereafter, "moneys apportioned" shall mean  the  appor-
tionment  calculated  by  the  commissioner based on data on file at the
time the payment is processed. The "school aid computer listing for  the
current  year"  shall  be as defined in the opening paragraph of section
thirty-six hundred nine-a of this article.  The definitions "base  year"
and "current year" as set forth in subdivision one of section thirty-six
hundred two of this article shall apply to this section.
  § 14. Subparagraphs 2 and 3 of paragraph a of subdivision 1 of section
3609-a of the education law are REPEALED.
  §  14-a.  Subparagraphs  1  and  2  of paragraph b of subdivision 4 of
section 92-c of the state finance law are REPEALED.
  § 15. The education law is amended by adding a  new  article  39-A  to
read as follows:
                              ARTICLE 39-A
                      REGIONAL STEM MAGNET SCHOOLS
SECTION 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS.

S. 1506                            20                            A. 2006

  §  1918.  ESTABLISHMENT  OF  REGIONAL  STEM  MAGNET SCHOOLS.   1. A. A
REGIONAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) MAGNET
SCHOOL MAY BE ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
PURSUANT TO THIS SECTION FOR STUDENTS IN GRADES NINE THROUGH TWELVE, AND
SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF EDUCATION.
  B.  A  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT TO THE
COMMISSIONER A PROPOSED PLAN FOR THE OPERATION OF SUCH SCHOOL FOR HIS OR
HER APPROVAL, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  C. SUCH SCHOOL SHALL BE GOVERNED BY THE  BOARD  OF  EDUCATION  OF  THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  D.  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE RESPONSI-
BILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE SCHOOL  AND
SHALL  BE  RESPONSIBLE  FOR  THE ADMINISTRATION OF THE SCHOOL, INCLUDING
CURRICULUM, GRADING, AND STAFFING.
  E. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL  BE  AUTHORIZED
TO  ENTER  INTO  CONTRACTS  AS  NECESSARY  OR CONVENIENT TO OPERATE SUCH
SCHOOL.
  F. FOR PURPOSES OF THIS SECTION, THE BOARD OF COOPERATIVE  EDUCATIONAL
SERVICES SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES.
  G.  STUDENTS  ATTENDING  SUCH  SCHOOL SHALL CONTINUE TO BE ENROLLED IN
THEIR SCHOOL DISTRICT OF RESIDENCE, AND EACH SCHOOL  DISTRICT  OF  RESI-
DENCE  SHALL BE RESPONSIBLE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO
THEIR RESIDENT STUDENTS WHO ATTENDED THE SCHOOL BASED ON SUCH  STUDENTS'
SUCCESSFUL COMPLETION OF THE SCHOOL'S EDUCATIONAL PROGRAM.
  H.  FOR  PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAP-
TER, STUDENTS  ATTENDING SUCH SCHOOL SHALL CONTINUE TO  BE  TREATED  AND
COUNTED AS STUDENTS OF THEIR SCHOOL DISTRICT OF RESIDENCE.
  I.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, EACH
STUDENT'S SCHOOL DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR  PROVID-
ING  OR  ARRANGING FOR TRANSPORTATION TO ITS RESIDENT STUDENTS ATTENDING
SUCH SCHOOL, IN ACCORDANCE WITH ITS SCHOOL DISTRICT POLICY, BUT  WITHOUT
REGARD TO ANY MAXIMUM MILEAGE LIMITATION.
  J.  ALL  EMPLOYEES  OF THE SCHOOL SHALL BE CONSIDERED EMPLOYEES OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  K. THE BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  MAY  ENTER  INTO  A
LEASE WITH RESPECT TO SUITABLE LAND, CLASSROOMS, OFFICES OR BUILDINGS IN
WHICH  TO  MAINTAIN AND CONDUCT SUCH SCHOOL PURSUANT TO SUBDIVISION FOUR
OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
  L. THE BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  SHALL  ESTABLISH  A
METHODOLOGY  FOR  THE  APPORTIONMENT  OF  OPERATIONAL AND ADMINISTRATIVE
COSTS OF SUCH SCHOOL BETWEEN PARTICIPATING SCHOOL  DISTRICTS;  PROVIDED,
HOWEVER,  THAT  NO  COSTS  SHALL  BE  APPORTIONED  TO  COMPONENT  SCHOOL
DISTRICTS THAT ELECT NOT TO PARTICIPATE IN SUCH SCHOOL.
  M. 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 SUCH 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 COSTS OF SUCH
PROGRAM, BUT PARTICIPATING NON-COMPONENT SCHOOL DISTRICTS SHALL  NOT  BE
LIABLE  FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B
OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
  N. A SCHOOL MAY BE JOINTLY  OPERATED  BY  TWO  BOARDS  OF  COOPERATIVE
EDUCATIONAL  SERVICES  PURSUANT  TO  AN INTERMUNICIPAL SHARING AGREEMENT

S. 1506                            21                            A. 2006

ENTERED INTO PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF  THE  GENERAL
MUNICIPAL  LAW.  UPON  ADOPTION OF A BUDGET FOR THE PROGRAM FOR A SCHOOL
YEAR, COSTS SHALL BE ALLOCATED BETWEEN EACH BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES  IN  A  MANNER  PROVIDED  IN THE INTERMUNICIPAL SHARING
AGREEMENT AND INCLUDED IN THE  BUDGETS  OF  EACH  BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICE.
  O.  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  § 16. The closing paragraph of subdivision 5-a of section 3602 of  the
education law, as amended by section 10 of part CCC of chapter 59 of the
laws of 2018, 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
[eighteen]  NINETEEN--two  thousand [nineteen] TWENTY 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".
  §  17. Subdivision 12 of section 3602 of the education law, as amended
by section 13 of part CCC of chapter 59 of the laws of 2018, is  amended
to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to  subdivision
four of this section and the supplemental educational improvement grants
apportioned  pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
  For the two thousand nine--two thousand ten through two thousand four-
teen--two thousand fifteen school years, each school district  shall  be
entitled  to  an  apportionment  equal  to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC  EN"  under  the  heading
"2008-09  BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and  such  apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment  pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
  For the two thousand fifteen--two thousand sixteen year,  each  school
district  shall  be entitled to an apportionment equal to the amount set
forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
by the commissioner in support of the budget for the two thousand  four-
teen--two  thousand fifteen school year and entitled "SA141-5", and such
apportionment shall be deemed to satisfy the state obligation to provide

S. 1506                            22                            A. 2006

an apportionment pursuant to subdivision  eight  of  section  thirty-six
hundred forty-one of this article.
  For the two thousand sixteen--two thousand seventeen school year, each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
under  the  heading  "2015-16 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the  budget  for  the
two  thousand  fifteen--two  thousand  sixteen  school year and entitled
"SA151-6", and such apportionment shall be deemed to satisfy  the  state
obligation  to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
  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.
  For the two thousand eighteen--two thousand nineteen 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 "2017-18 ESTIMATED AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the budget for the
two thousand seventeen--two thousand eighteen school year  and  entitled
"SA171-8",  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.
  FOR  THE  TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY 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 "2018-19 ESTIMATED AIDS" IN THE  SCHOOL  AID  COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL  YEAR  AND  ENTITLED
"SA181-9",  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.
  §  18.  The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14 of part CCC of chapter 59 of the
laws of 2018, 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

S. 1506                            23                            A. 2006

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  [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY school
years equal to the greater of (1) the amount set forth for  such  school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the  school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand  ten  school  year
and  entitled  "SA0910"  or  (2)  the  amount  set forth for such school
district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in  support
of  the  executive  budget  for  the  2013-14  fiscal  year and entitled
"BT131-4".
  § 19. Subdivision 16 of section  3602-ee  of  the  education  law,  as
amended  by section 19 of part CCC of chapter 59 of the laws of 2018, 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
[nineteen] TWENTY; provided that the program shall continue  and  remain
in full effect.
  §  20.  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

S. 1506                            24                            A. 2006

that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that  had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which  recovery  of
excess  payments  is  to  be  made  pursuant to this paragraph, shall be
reduced at the time of  actual  payment  by  any  remaining  unrecovered
balance  of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be  reduced  by
the  commissioner  to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which  such
payment  was first to be made.  For claims for which payment is first to
be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
the  commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close  of  such  school
year.] For claims for which payment is first to be made [in the nineteen
hundred  ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND EIGHTEEN-
-TWO THOUSAND NINETEEN 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 EIGHTEEN--TWO
THOUSAND NINETEEN SCHOOL YEAR AND  THEREAFTER,  THE  COMMISSIONER  SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
payments shall be barred or reduced where such payment is required as  a
result  of  a  final  audit  of the state. [It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  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 EIGHTEEN--TWO  THOUSAND  NINETEEN  AND
TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS, THE COMMISSION-
ER  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 EXECUTIVE  BUDGET
REQUEST  SUBMITTED  FOR  THE  TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
STATE FISCAL YEAR AND ENTITLED "BT192-0", 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 TWENTY--TWO
THOUSAND  TWENTY-ONE  SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO
SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF  SECTION  THIRTY-SIX
HUNDRED  TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN
ELECTRONIC DATA FILE USED TO PRODUCE THE  SCHOOL  AID  COMPUTER  LISTING

S. 1506                            25                            A. 2006

PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
  § 21. The opening paragraph of section 3609-a of the education law, as
amended  by section 21 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  through  the  two  thousand eighteen--two thousand nineteen 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 eighteen--two thousand nineteen school year, reference to  such
"school aid computer listing for the current year" shall mean the print-
outs  entitled "SA181-9".] FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN-
-TWO THOUSAND TWENTY SCHOOL YEAR AND  THEREAFTER,  "MONEYS  APPORTIONED"
SHALL  MEAN  THE  LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE
RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT
TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT  YEAR
PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
WHICH INCLUDES THE APPROPRIATION FOR  THE  GENERAL  SUPPORT  FOR  PUBLIC
SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED PAYMENTS DUE
PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE
DURING THE CURRENT  SCHOOL  YEAR  PURSUANT  TO  SUBDIVISIONS  SIX-A  AND
FIFTEEN  OF  SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS  PART MINUS ANY
REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION
THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT
PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION  OF  A  SCHOOL  DISTRICT
BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR
HUNDRED  ONE  OF  THIS  CHAPTER,  LESS  ANY  GRANTS PROVIDED PURSUANT TO

S. 1506                            26                            A. 2006

SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF  SECTION  NINE-
TY-TWO-C  OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE  FINANCE  LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
TY-SIX  HUNDRED  FORTY-ONE  OF  THIS  ARTICLE, OR (II) THE APPORTIONMENT
CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE  AT  THE  TIME  THE
PAYMENT  IS  PROCESSED;  PROVIDED  HOWEVER, THAT FOR THE PURPOSES OF ANY
PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST  BUSINESS  DAY
OF  JUNE  OF  THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY
AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN,  IF  APPLICABLE,
OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR
DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
CURRENT YEAR OR ANY AIDS  PAYABLE  FOR  FULL-DAY  KINDERGARTEN  FOR  THE
CURRENT  YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART. FOR AID PAYABLE  IN  THE  TWO  THOUSAND  NINETEEN--TWO
THOUSAND  TWENTY  SCHOOL  YEAR,  REFERENCE  TO SUCH "SCHOOL AID COMPUTER
LISTING  FOR  THE  CURRENT  YEAR"  SHALL  MEAN  THE  PRINTOUTS  ENTITLED
"BT192-0".
  §  22.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 22 of part CCC of chapter 59 of the  laws  of
2018, 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 [eighteen] NINETEEN--two thousand [nineteen] TWENTY.
  § 23. Subdivision 6 of section 4402 of the education law,  as  amended
by  section 23 of part CCC of chapter 59 of the laws of 2018, 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 [nineteen] TWENTY of the two
thousand [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY  school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those

S. 1506                            27                            A. 2006

of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations  of  the  commissioner  rounded  up to the nearest whole number,
provided that in a city school  district  having  a  population  of  one
million  or  more, classes that have a maximum class size of fifteen may
be increased by no more than one student and provided that the projected
average class size shall not exceed the maximum specified in the  appli-
cable  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 certif-
ication 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 pursuant to
this subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has  failed  to  develop  or
implement an approved corrective action plan.
  §  24.  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
AND  PERSONS IN PARENTAL RELATIONSHIP 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

S. 1506                            28                            A. 2006

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 RELATIONSHIP 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.
  §  25.  Section 3012-d of the education law is amended by adding a new
subdivision 16 to read as follows:
  16. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION
TO  THE  CONTRARY,  THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR  ADMIN-
ISTERED  TESTS  SHALL  NOT  BE  REQUIRED TO BE UTILIZED IN ANY MANNER TO
DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION.
  B. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  PROVIDING
ALTERNATIVE  ASSESSMENTS  THAT MAY BE USED IN GRADES THREE THROUGH EIGHT
INSTEAD OF ALL OTHER STATE-CREATED OR ADMINISTERED  TESTS,  WHICH  SHALL
INCLUDE  ALL  OF  THE ASSESSMENTS THAT HAVE BEEN APPROVED BY THE COMMIS-
SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS.
  C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR  PRINCIPAL'S
EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI-
VISION  FOUR  OF  THIS SECTION SHALL BE SUBJECT TO COLLECTIVE BARGAINING
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION
TO THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  ABROGATE
ANY  CONFLICTING  PROVISIONS  OF  ANY COLLECTIVE BARGAINING AGREEMENT IN
EFFECT ON THE DATE THIS SUBDIVISION TAKES EFFECT  AND  UNTIL  THE  ENTRY
INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH-
STANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF
SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT
THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY; AND,  PROVIDED  FURTHER,
HOWEVER,  THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES AND
RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS
SECTION INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE  ARTS
AND  MATHEMATICS  STATE  ASSESSMENTS  UNTIL  THE  ENTRY INTO A SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT.
  § 26. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
3012-d of the education law, subparagraph 1 as amended by section  3  of
subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
as  added by section 2 of subpart E of part EE of chapter 56 of the laws
of 2015, are amended to read as follows:
  (1) For the first subcomponent, [(A) for a teacher whose  course  ends
in  a state-created or administered test for which there is a state-pro-
vided growth model, such teacher  shall  have  a  state-provided  growth
score  based  on such model, which shall take into consideration certain
student characteristics, as determined by  the  commissioner,  including
but not limited to students with disabilities, poverty, English language
learner  status  and  prior  academic  history  and which shall identify
educators whose students' growth is well above  or  well  below  average

S. 1506                            29                            A. 2006

compared  to  similar  students  for a teacher's or principal's students
after the certain student characteristics above are taken into  account;
and  (B)  for  a teacher whose course does not end in a state-created or
administered  test such teacher] A TEACHER shall have a student learning
objective (SLO) consistent with a  goal-setting  process  determined  or
developed  by  the commissioner, that results in a student growth score;
provided that, for any teacher whose course ends in a  state-created  or
administered  assessment  [for  which  there is no state-provided growth
model], such assessment [must] MAY be used as the underlying  assessment
for such SLO;
  (2)  For  the  optional  second  subcomponent,  a district may locally
select a second measure  in  accordance  with  this  subparagraph.  Such
second measure shall apply in a consistent manner, to the extent practi-
cable,  across  the district and be either: (A) [a second state-provided
growth score] BASED on  a  state-created  or  administered  test  [under
clause  (A)  of  subparagraph  one  of this paragraph], or (B) [a growth
score] based on a state-designed  supplemental  assessment[,  calculated
using  a  state-provided  or approved growth model]. The optional second
subcomponent shall provide options for multiple assessment measures that
are aligned to existing classroom and school  best  practices  and  take
into  consideration  the recommendations in the testing reduction report
as required by section one of subpart F of  [the  chapter]  PART  EE  OF
CHAPTER  FIFTY-SIX  of the laws of two thousand fifteen which added this
section regarding the reduction of unnecessary additional testing.
  § 27. Subdivision 5 of section 3012-d of the education law,  as  added
by  section 2 of subpart E of part EE of chapter 56 of the laws of 2015,
is amended to read as follows:
  5. Rating determination. The overall  rating  determination  shall  be
determined [according to a methodology] as follows:
  a. [The following rules shall apply: a teacher or principal who is (1)
rated  using  two  subcomponents in the student performance category and
receives a rating of ineffective in such category shall be  rated  inef-
fective  overall;  provided,  however,  that  if the measure used in the
second subcomponent is a state-provided growth score on a  state-created
or administered test pursuant to clause (A) of subparagraph one of para-
graph  a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be  eligible
to  receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent  in  the  student  performance
category and receives a rating of ineffective in such category shall not
be  eligible  to receive a rating of effective or highly effective over-
all; and (3) rated ineffective  in  the  teacher  observations  category
shall  not be eligible to receive a rating of effective or highly effec-
tive overall.
  b. Except as otherwise provided in paragraph a of this subdivision,  a
teacher's composite score shall be determined as follows:
  (1)]  If  a teacher receives an H in the teacher observation category,
and an H in the student performance category,  the  teacher's  composite
score shall be H;
  [(2)] B. If a teacher receives an H in the teacher observation catego-
ry,  and an E in the student performance category, the teacher's compos-
ite score shall be H;
  [(3)] C. If a teacher receives an H in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;

S. 1506                            30                            A. 2006

  [(4)] D. If a teacher receives an H in the teacher observation catego-
ry, and an I in the student performance category, the teacher's  compos-
ite score shall be D;
  [(5)] E. If a teacher receives an E in the teacher observation catego-
ry,  and an H in the student performance category, the teacher's compos-
ite score shall be H;
  [(6)] F. If a teacher receives an E in the teacher observation catego-
ry, and an E in the student performance category, the teacher's  compos-
ite score shall be E;
  [(7)] G. If a teacher receives an E in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;
  [(8)] H. If a teacher receives an E in the teacher observation catego-
ry,  and an I in the student performance category, the teacher's compos-
ite score shall be D;
  [(9)] I. If a teacher receives a D in the teacher observation  catego-
ry,  and an H in the student performance category, the teacher's compos-
ite score shall be E;
  [(10)] J. If a teacher receives a D in the teacher observation catego-
ry, and an E in the student performance category, the teacher's  compos-
ite score shall be E;
  [(11)] K. If a teacher receives a D in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be D;
  [(12)] L. If a teacher receives a D in the teacher observation catego-
ry,  and an I in the student performance category, the teacher's compos-
ite score shall be I;
  [(13)] M. If a teacher receives an I in the teacher observation  cate-
gory,  and  an  H  in  the  student  performance category, the teacher's
composite score shall be D;
  [(14)] N. If a teacher receives an I in the teacher observation  cate-
gory,  and  an  E  in  the  student  performance category, the teacher's
composite score shall be D;
  [(15)] O. If a teacher receives an I in the teacher observation  cate-
gory, and a D in the student performance category, the teacher's compos-
ite score shall be I;
  [(16)]  P. If a teacher receives an I in the teacher observation cate-
gory, and an I  in  the  student  performance  category,  the  teacher's
composite score shall be I.
  §  28.  Subdivision 7 of section 3012-d of the education law, as added
by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
is amended to read as follows:
  7. The commissioner shall ensure that the process by which weights and
scoring ranges are assigned to subcomponents and categories is transpar-
ent  and  available  to  those  being rated before the beginning of each
school year. Such process must ensure that it is possible for a  teacher
or  principal  to  obtain any number of points in the applicable scoring
ranges,  including  zero,  in  each  subcomponent.  The  superintendent,
district  superintendent  or  chancellor  and  the representative of the
collective bargaining unit (where  one  exists)  shall  certify  in  the
district's  plan that the evaluation process shall use the standards for
the scoring ranges provided by the commissioner.    [Provided,  however,
that in any event, the following rules shall apply: a teacher or princi-
pal who is:
  a.  rated  using two subcomponents in the student performance category
and receives a rating of ineffective in such  category  shall  be  rated

S. 1506                            31                            A. 2006

ineffective  overall,  except  that  if  the  measure used in the second
subcomponent is a second state-provided growth score on a state-adminis-
tered or sponsored test pursuant to clause (A) of  subparagraph  one  of
paragraph  a of subdivision four of this section, a teacher or principal
that receives a rating of ineffective in  such  category  shall  not  be
eligible to receive a rating of effective or highly effective overall;
  b.  rated  using  only  the  state measure subcomponent in the student
performance category and receives a rating of ineffective in such  cate-
gory  shall  not  be eligible to receive a rating of effective or highly
effective overall; and
  c. rated ineffective in the observations category shall not be  eligi-
ble to receive a rating of effective or highly effective overall.]
  §  29. Subdivision 10 of section 3012-d of the education law, as added
by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
is amended to read as follows:
  10.  The  local  collective  bargaining representative shall negotiate
with the district:
  a. whether to use a second measure, and, in the event  that  a  second
measure  is  used, which measure to use, pursuant to subparagraph two of
paragraph a of subdivision four of this section [and];
  b. how to implement the provisions of paragraph b of subdivision  four
of  this  section,  and  associated  regulations  as  established by the
commissioner, in accordance with article fourteen of the  civil  service
law; AND
  C.  THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A
AND B OF SUBDIVISION SIXTEEN OF THIS SECTION.
  § 30. Section 2 of subpart B of part AA of chapter 56 of the  laws  of
2014  amending the education law relating to providing that standardized
test scores shall not be included on a student's  permanent  record,  as
amended  by section 35 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
  § 2. This act shall take effect immediately [and shall expire  and  be
deemed repealed on December 31, 2019].
  §  31.  Subdivision  10 of section 3209 of the education law is renum-
bered subdivision 11 and a new  subdivision  10  is  added  to  read  as
follows:
  10.  EVERY  SCHOOL  DISTRICT  RECEIVING FUNDS PURSUANT TO THIS SECTION
SHALL ANNUALLY SUBMIT TO THE DEPARTMENT AN ACCOUNTING OF THE USE OF SUCH
FUNDS IN THE PRIOR SCHOOL YEAR BEFORE THE END OF THE  SUCCEEDING  SCHOOL
YEAR.  THE  COMMISSIONER  SHALL  REVIEW  SUCH ACCOUNTING AND DEVELOP, IN
CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND  DISA-
BILITY  ASSISTANCE, AN IDENTIFICATION OF BEST PRACTICES TO SUPPORT HOME-
LESS YOUTH.
  § 32. Section 2801-a of the education law is amended by adding  a  new
subdivision 10 to read as follows:
  10. EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF
SCHOOL  PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE TO
STUDENT MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL  DISTRICT
OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW
ENFORCEMENT  OR  PUBLIC  OR PRIVATE SECURITY PERSONNEL, INCLUDING SCHOOL
RESOURCE OFFICERS, SHALL ESTABLISH A WRITTEN CONTRACT OR  MEMORANDUM  OF
UNDERSTANDING  THAT  IS  DEVELOPED  WITH STAKEHOLDER INPUT. SUCH WRITTEN
CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL  DEFINE  THE  RELATIONSHIP
BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS,
VISITORS,  LAW  ENFORCEMENT,  AND  PUBLIC OR PRIVATE SECURITY PERSONNEL.

S. 1506                            32                            A. 2006

SUCH CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL  BE  CONSISTENT  WITH
THE  CODE  OF  CONDUCT,  DEFINE  LAW ENFORCEMENT OR SECURITY PERSONNEL'S
ROLES, RESPONSIBILITIES AND INVOLVEMENT  WITHIN  A  SCHOOL  AND  CLEARLY
DELEGATE  THE  ROLE  OF  SCHOOL DISCIPLINE TO THE SCHOOL ADMINISTRATION.
SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL  BE  INCORPO-
RATED INTO AND PUBLISHED AS PART OF THE DISTRICT SAFETY PLAN.
  §  33.  The  section  heading  of section 804 of the education law, as
amended by chapter 390 of the laws of 2016, is amended and a new  subdi-
vision 7-a is added to read as follows:
  Health  education  regarding  mental  health,  alcohol, drugs, tobacco
abuse, AND HEALTHY RELATIONSHIPS and the  prevention  and  detection  of
certain cancers.
  7-A.  (A)  A HEALTHY RELATIONSHIPS EDUCATION INSTRUCTION PROGRAM SHALL
BE INCLUDED WITHIN THE HEALTH EDUCATION  PROVIDED  TO  ALL  STUDENTS  IN
GRADES  SIX  THROUGH  TWELVE.  SUCH  PROGRAMS  SHALL INCLUDE, BUT NOT BE
LIMITED TO  AGE-APPROPRIATE,  MEDICALLY  ACCURATE  INSTRUCTION  TEACHING
COMPREHENSIVE  SEXUAL  EDUCATION, SEXUAL HEALTH AND HEALTHY RELATIONSHIP
PRACTICES. SUCH PROGRAM SHALL BE INCLUSIVE AND RESPECTFUL OF ALL  PUPILS
REGARDLESS  OF  RACE, ETHNICITY, GENDER, DISABILITY, SEXUAL ORIENTATION,
OR GENDER IDENTITY AND INCLUDE, BUT NOT BE LIMITED TO:
  (I) IDENTIFICATION AND EXAMINATION OF IDEAS  ABOUT  HEALTHY  RELATION-
SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA;
  (II) SELF-ESTEEM AND SELF-WORTH;
  (III) FRIENDSHIP AND EMPATHY;
  (IV) A DEFINITION OF TEEN DATING VIOLENCE;
  (V) RECOGNITION OF WARNING SIGNS ESTABLISHED BY A DATING PARTNER;
  (VI) CHARACTERISTICS OF A HEALTHY RELATIONSHIP;
  (VII) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE;
  (VIII) SAFE USE OF TECHNOLOGY;
  (IX)  A  DISCUSSION  OF  LOCAL COMMUNITY RESOURCES FOR THOSE IN A TEEN
DATING VIOLENCE RELATIONSHIP;
  (X) AN AGE-APPROPRIATE DEFINITION OF  AFFIRMATIVE  CONSENT  CONSISTENT
WITH THAT USED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER;
  (XI) AGE-APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH;
  (XII)  AGE-APPROPRIATE  INSTRUCTING  TO  IDENTIFY  AND  REPORT  SEXUAL
EXPLOITATION AND ABUSE; AND
  (XIII) INSTRUCTION TO IDENTIFY AND REPORT SEXUAL HARASSMENT.
  (B) THE EDUCATIONAL STANDARDS FOR SUCH PROGRAM SHALL BE ADDED  TO  THE
HEALTH  EDUCATION  STANDARDS AFTER CONSULTATION WITH THE COMMISSIONER OF
HEALTH AND THE COMMISSIONER OF  CHILDREN  AND  FAMILY  SERVICES  AND  BE
DESIGNED  TO  EDUCATE  STUDENTS  ABOUT  HEALTHY  RELATIONSHIPS. PRIOR TO
ADOPTING THE EDUCATION STANDARDS, THE  COMMISSIONER  SHALL  ESTABLISH  A
TASK  FORCE  TO  STUDY  AND MAKE RECOMMENDATIONS REGARDING THE SCOPE AND
SUBSTANCE OF THE STANDARDS. THE TASK FORCE SHALL:
  (I) SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL  ADMINISTRATORS,
TEACHER  EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED
SUBJECT AREAS;
  (II) SEEK THE RECOMMENDATIONS OF EXPERTS AND ORGANIZATIONS EXPERIENCED
IN THE PROPOSED SUBJECT AREAS; AND
  (III)  SEEK  COMMENT  FROM  PARENTS,  STUDENTS  AND  OTHER  INTERESTED
PARTIES.
  (C) THE COMMISSIONER SHALL DEVELOP AGE-APPROPRIATE MODEL INSTRUCTIONAL
RESOURCES  FOR  PARENTS  AND  EDUCATORS FOR POTENTIAL USE IN INSTRUCTING
STUDENTS ABOUT PHYSICAL SELF-AWARENESS AND HEALTHY  RELATIONSHIPS.  SUCH
RESOURCES  SHALL  BE  DEVELOPED  AFTER  CONSULTATION WITH EXPERTS IN THE
FIELD.

S. 1506                            33                            A. 2006

  (D) A WEBPAGE ON  THE  DEPARTMENT'S  WEBSITE  SHALL  BE  DEDICATED  TO
PROVIDING  INFORMATION  AND RESOURCES TO PARENTS, STUDENTS, TEACHERS AND
SCHOOL DISTRICT OFFICIALS RELATED TO COMPREHENSIVE SEXUAL EDUCATION  AND
HEALTHY RELATIONSHIPS.
  (E)  FOR  THE  PURPOSES  OF  THIS SECTION "AGE-APPROPRIATE" SHALL MEAN
TOPICS, MESSAGES, AND TEACHING METHODS SUITABLE TO  PARTICULAR  AGE  AND
DEVELOPMENTAL  LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND EXPERI-
ENCE LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY  ACCURATE"
SHALL  MEAN  INFORMATION  SUPPORTED  BY  PEER  REVIEWED,  EVIDENCE-BASED
RESEARCH RECOGNIZED AS ACCURATE BY  LEADING  PROFESSIONAL  ORGANIZATIONS
AND AGENCIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSO-
CIATION AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
  (F)  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SUBDIVISION, A SCHOOL
DISTRICT SHALL PROVIDE REASONABLE NOTICE TO  PARENTS  AND  GUARDIANS  OF
STUDENTS  IN  GRADES  SIX  THROUGH  TWELVE THAT SUCH INSTRUCTION WILL BE
GIVEN AND THE NATURE OF THE CURRICULUM. ANY  PARENT  OR  GUARDIAN  OF  A
STUDENT  IN  GRADES  SIX  THROUGH  TWELVE  MAY DIRECT THE REMOVAL OF THE
STUDENT  FROM  SUCH  INSTRUCTION  UPON  WRITTEN  NOTICE  TO  THE  SCHOOL
DISTRICT.
  §  34.  Section  305  of  the education law is amended by adding a new
subdivision 60 to read as follows:
  60. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO REQUIRE THAT  EVERY
SCHOOL  DISTRICT  ADOPT  AND DISTRIBUTE A POLICY REGARDING SEX DISCRIMI-
NATION PURSUANT TO TITLE IX OF THE  EDUCATION  AMENDMENTS  OF  1972,  20
U.S.C.  §  1681 ET SEQ., AND THAT SUCH POLICY SHALL SPECIFICALLY ADDRESS
DISCRIMINATION AGAINST PREGNANT AND PARENTING  STUDENTS.  PROVIDED  THAT
SUCH  POLICIES  SHALL INCLUDE: A. STUDENTS' RIGHTS TO ATTEND CLASSES AND
PARTICIPATE IN EXTRACURRICULAR  ACTIVITIES  REGARDLESS  OF  PREGNANT  OR
PARENTING  STATUS;  B.  OPPORTUNITIES  TO MAKE UP MISSED CLASSWORK OR TO
EXCUSE ABSENCES DUE TO PREGNANCY, CHILDBIRTH OR RELATED  CONDITIONS;  C.
PROTECTIONS  OF  STUDENTS  FROM  HARASSMENT;  AND  D. A FORMAL GRIEVANCE
PROCEDURE.
  § 35. 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
25  of part CCC of chapter 59 of the laws of 2018, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this section for the 2016--2017 school year shall not exceed 60.3
percent of the lesser of such approvable costs per contact hour or thir-
teen dollars ninety cents per contact hour, 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,  [and]  reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
AND REIMBURSEMENT FOR THE 2019--2020 SCHOOL YEAR SHALL NOT  EXCEED  57.7
PERCENT  OF  THE  LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR
FIFTEEN DOLLARS AND FIFTY-FIVE 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  2016--2017 school year such contact hours shall not
exceed one million five hundred fifty-one thousand three hundred  twelve
(1,551,312);  whereas  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); [and] WHEREAS for the 2018--2019 school

S. 1506                            34                            A. 2006

year  such  contact  hours  shall  not  exceed  one million four hundred
sixty-three thousand nine hundred sixty-three (1,463,963), AND  FOR  THE
2019--2020  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
TWO  HUNDRED EIGHTY-TWO THOUSAND FIFTY-ONE (1,282,051).  Notwithstanding
any other provision of law to the contrary, the apportionment calculated
for the city school district of the city of New York pursuant to  subdi-
vision  11  of section 3602 of the education law shall be computed as if
such contact hours provided by the consortium for worker education,  not
to  exceed  the contact hours set forth herein, were eligible for aid in
accordance with the provisions of such subdivision 11 of section 3602 of
the education law.
  § 36. 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 x to read as follows:
  X.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2019--2020 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).
  §  37. 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 27 of part CCC
of chapter 59 of the laws of 2018, is amended to read as follows:
  § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2019] 2020.
  §  38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for  the  support  of
government,  as  amended  by section 28 of part CCC of chapter 59 of the
laws of 2018, 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,
[2019] 2020 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, [2019] 2020;
  § 39. 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 31 of part  CCC
of chapter 59 of the laws of 2018, 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, [2019] 2020 when
upon such date the provisions of this act shall be deemed repealed.
  § 40. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as

S. 1506                            35                            A. 2006

amended by section 33 of part CCC of chapter 59 of the laws of 2018,  is
amended to read as follows:
  §  4.  This act shall take effect July 1, 2002 and SECTION ONE OF THIS
ACT shall expire and be deemed repealed June 30, 2019, AND SECTIONS  TWO
AND  THREE  OF  THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 30,
2020.
  § 41. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of  2001, as amended by section 34 of part CCC of chapter 59 of the laws
of 2018, 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, [2019] 2020.
  § 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 G of chapter 61 of the laws of 2017,  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, [2019]  2022  provided,
further,  that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2019] 2022 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by  section  three  of  this  act,
subdivision  1  of  section  2590-b  of the education law as repealed by
section six of this act, paragraph  (a)  of  subdivision  2  of  section
2590-b  of  the  education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of  section
2590-e  of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law  as  repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision  30-a  of  section  2590-h  of  the  education law as repealed by
section thirty of this  act  shall  be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
  § 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 G of chapter 61 of the  laws
of 2017, 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, [2019] 2022.

S. 1506                            36                            A. 2006

  §  44.  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 40 of part YYY of chapter 59 of the laws of  2017,
is amended to read as follows:
  §  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2019] 2021.
  § 45. Section 2 of chapter 552 of  the  laws  of  1995,  amending  the
education  law  relating  to  contracts for the transportation of school
children, as amended by section 25 of part A of chapter 54 of  the  laws
of 2016, is amended to read as follows:
  §  2.  This  act  shall  take  effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2020] 2023,  when  upon  such
date the provisions of this act shall be deemed repealed.
  §  46.  Section 26 of subpart F of part C of chapter 97 of the laws of
2011 amending the education law relating to census reporting, as amended
by section 21-a of part A of chapter 56 of the laws of 2014, is  amended
to read as follows:
  §  26.  This act shall take effect immediately provided, however, that
the provisions of section three of this act shall expire June 30, [2019]
2024 when upon such date the provisions of such section shall be  deemed
repealed; provided, further that the provisions of sections eight, elev-
en,  twelve,  thirteen  and twenty of this act shall expire July 1, 2014
when upon such date the provisions of  such  sections  shall  be  deemed
repealed.
  § 47. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2019--2020 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.
  §  48.  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 2020 and not later than the last  day  of  the  third  full
business week of June 2020, 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, 2020, for salary expenses incurred between April 1 and
June 30, 2019 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

S. 1506                            37                            A. 2006

salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  §  49. 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, 2020, 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, 2020 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

S. 1506                            38                            A. 2006

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.
  § 50. 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  2019--2020 school year, as a non-component school
district, services required by article 19 of the education law.
  § 51. The amounts specified in this section shall be a set-aside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the development, maintenance or expansion of magnet schools  or
magnet  school  programs  for  the  2019--2020 school year. For the city
school district of the city of New York there shall  be  a  setaside  of
foundation  aid  equal  to  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; for the Buffalo city
school  district,  twenty-one  million  twenty-five   thousand   dollars
($21,025,000);  for  the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school  district,  thirteen
million  dollars  ($13,000,000);  for  the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for  the
Newburgh city school district, four million six hundred forty-five thou-
sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred  ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one  million  eight  hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million  one  hundred  fifty  thousand

S. 1506                            39                            A. 2006

dollars  ($1,150,000);  for  the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls  city  school
district,  six  hundred thousand dollars ($600,000); for the Albany city
school  district,  three  million  five  hundred  fifty thousand dollars
($3,550,000); for the Utica city school district,  two  million  dollars
($2,000,000);  for  the Beacon city school district, five hundred sixty-
six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
district,  four  hundred  thousand  dollars ($400,000); for the Freeport
union free school district, four hundred  thousand  dollars  ($400,000);
for  the  Greenburgh  central  school  district,  three hundred thousand
dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
district, two hundred thousand dollars ($200,000); and  for  the  Hudson
city school district, four hundred thousand dollars ($400,000).
  b.  Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation  aid  pursuant  to  this
section  may  use  such  setaside  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 associated with
implementation of an alternative approach to  promote  diversity  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.
  c.  The  commissioner of education shall not be authorized to withhold
foundation aid 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 2019--2020 school  year,  and
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
2019--2020 school year, it is further  provided  that  any  city  school
district  in  a  city having a population of more than one million shall
allocate at least one-third of any increase from  base  year  levels  in
funds set aside pursuant to the requirements of this section to communi-
ty-based  organizations.  Any increase required pursuant to this section
to community-based organizations must  be  in  addition  to  allocations
provided to community-based organizations in the base year.
  d.  For the purpose of teacher support for the 2019--2020 school year:
for the city school district of the city of New York, sixty-two  million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school  district,  one  million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and for 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-

S. 1506                            40                            A. 2006

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.
  §  52.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2018  enacting
the  aid  to  localities  budget shall be apportioned for the 2019--2020
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 2019--2020
by a chapter of the laws of 2019 enacting the education, labor and fami-
ly assistance budget shall fulfill the  state's  obligation  to  provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion  and  approved  by  the  director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations  shall  be
reduced  proportionately  to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
  § 53. 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.
  §  54.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2019, provided,
however, that:
  1. Sections one, three, four, five, five-a, six, seven,  eight,  nine,
ten,  sixteen,  seventeen, eighteen, nineteen, twenty, twenty-one, twen-
ty-two, twenty-three, thirty-two, thirty-four,  forty-seven,  fifty  and
fifty-one of this act shall take effect July 1, 2019;
  2.  Sections  eleven,  twelve, thirteen and fourteen of this act shall
take effect July 1, 2020;
  3. Paragraph (a) of subdivision 7-a of section 804  of  the  education
law,  as  added  by  section thirty-three of this act, shall take effect
July 1, 2019;
  4. The amendments to section 3614 of the education law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith; and
  5. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding  a  program for work force education conducted by the consortium

S. 1506                            41                            A. 2006

for worker education in New York City made by sections  thirty-five  and
thirty-six  of  this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith.

                                 PART B

  Section  1.  Section  7408 of the education law is amended by adding a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO  ARTI-
CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
THE  PARTNERSHIP  LAW,  OR  ARTICLES  TWELVE AND THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW SHALL BE DEEMED ELIGIBLE TO REGISTER  PURSUANT  TO
THIS SECTION.
  § 2. Section 1503 of the business corporation law is amended by adding
a new paragraph (h) to read as follows:
  (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER  ARTICLE  ONE  HUNDRED  FORTY-NINE  OF  THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL  SHAREHOLDERS  OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE  PRACTICE
OF  PUBLIC  ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION  LAW  OR  ARE  PUBLIC
ACCOUNTANTS  LICENSED  UNDER  SECTION  SEVENTY-FOUR  HUNDRED FIVE OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
AND  ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS.   NOTWITHSTANDING THE PROVISIONS  OF  THIS  PARAGRAPH,  A  FIRM
INCORPORATED  UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS".    EACH
NON-LICENSEE  OWNER  OF  A  FIRM THAT IS INCORPORATED UNDER THIS SECTION
SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE  BUSINESS  OF
THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,
"ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT  OF
THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPO-
RATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE
WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED
BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
  § 3. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A  PROFESSION  WHICH
SUCH  CORPORATION  IS  AUTHORIZED  TO  PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION  IN  SUCH  CORPORATION  OR  A
PREDECESSOR  ENTITY,  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES  ARE
ISSUED  AND  MAY  ALSO  ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:

S. 1506                            42                            A. 2006

  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II)  AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
  (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED  PUBLIC
ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
NO  SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS  ARTICLE  SHALL  ENTER  INTO  A
VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME  CORPORATION,
THE  AUTHORITY  TO  EXERCISE  VOTING  POWER  OF ANY OR ALL OF HIS OR HER
SHARES. ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED  IN
VIOLATION OF THIS SECTION SHALL BE VOID.
  § 4. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  THE  DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING  AS  A  PROFESSIONAL  SERVICE  CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE  MAY  INCLUDE  INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST  FIFTY-ONE  PERCENT  OF  THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE  CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY  LAW  TO  PRACTICE  IN  THIS  STATE  A
PROFESSION  WHICH  SUCH  CORPORATION  IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN  THE  PRACTICE  OF
THEIR PROFESSIONS IN SUCH CORPORATION.
  § 5. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification   of   shareholders,  directors,  officers  and
          employees.
  If any shareholder, director, officer or employee  of  a  professional
service  corporation,  including  a  design  professional service corpo-
ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCORPORAT-
ING  AS  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who  has  been  rendering
professional service to the public becomes legally disqualified to prac-
tice  his  profession  within  this state, he shall sever all employment
with, and financial interests (other than interests as a  creditor)  in,
such  corporation  forthwith or as otherwise provided in section 1510 of
this article. All provisions of law regulating the rendering of  profes-
sional  services  by  a  person  elected or appointed to a public office
shall be applicable to a shareholder, director, officer and employee  of
such  corporation  in the same manner and to the same extent as if fully
set forth herein. Such legal disqualification to practice his profession
within this state shall be deemed to constitute an irrevocable offer  by
the  disqualified  shareholder  to  sell  his shares to the corporation,
pursuant to the provisions of section 1510 of this  article  or  of  the
certificate of incorporation, by-laws or agreement among the corporation
and all shareholders, whichever is applicable. Compliance with the terms
of  such  offer  shall be specifically enforceable in the courts of this
state. A professional service corporation's failure to  enforce  compli-
ance with this provision shall constitute a ground for forfeiture of its
certificate of incorporation and its dissolution.

S. 1506                            43                            A. 2006

  § 6. Paragraph (a) of section 1511 of the business corporation law, as
amended  by  chapter 550 of the laws of 2011, is amended and a new para-
graph (c) is added to read as follows:
  (a) No shareholder of a professional service corporation [or], INCLUD-
ING  a  design professional service corporation, OR ANY FIRM ESTABLISHED
FOR THE BUSINESS PURPOSE OF  INCORPORATING  AS  A  PROFESSIONAL  SERVICE
CORPORATION  PURSUANT  TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE
OF THIS ARTICLE, may sell or transfer his  shares  in  such  corporation
except  to  another  individual who is eligible to have shares issued to
him by such corporation or except in trust  to  another  individual  who
would  be  eligible  to receive shares if he were employed by the corpo-
ration. Nothing herein contained shall  be  construed  to  prohibit  the
transfer of shares by operation of law or by court decree.  No transfer-
ee of shares by operation of law or court decree may vote the shares for
any  purpose  whatsoever  except  with respect to corporate action under
sections 909 and 1001 of this chapter. The restriction in the  preceding
sentence shall not apply, however, where such transferee would be eligi-
ble  to  have  shares issued to him if he were an employee of the corpo-
ration and, if there are other shareholders, a majority  of  such  other
shareholders shall fail to redeem the shares so transferred, pursuant to
section  1510  of  this  article, within sixty days of receiving written
notice of such transfer. Any sale or transfer, except  by  operation  of
law  or  court decree or except for a corporation having only one share-
holder, may be made only after the same shall have been approved by  the
board  of  directors, or at a shareholders' meeting specially called for
such purpose by such proportion,  not  less  than  a  majority,  of  the
outstanding  shares  as  may  be provided in the certificate of incorpo-
ration or in the by-laws of such professional  service  corporation.  At
such  shareholders' meeting the shares held by the shareholder proposing
to sell or transfer his shares may not  be  voted  or  counted  for  any
purpose,  unless  all  shareholders consent that such shares be voted or
counted. The certificate of incorporation or the by-laws of the  profes-
sional  service corporation, or the professional service corporation and
the shareholders by private agreement, may provide, in  lieu  of  or  in
addition  to  the foregoing provisions, for the alienation of shares and
may require the redemption or purchase of such  shares  by  such  corpo-
ration  at  prices  and  in a manner specifically set forth therein. The
existence of the restrictions on the sale  or  transfer  of  shares,  as
contained  in  this  article  and,  if applicable, in the certificate of
incorporation, by-laws, stock purchase or  stock  redemption  agreement,
shall  be  noted  conspicuously on the face or back of every certificate
for shares issued by a professional service  corporation.  Any  sale  or
transfer in violation of such restrictions shall be void.
  (C)  A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN  HUNDRED  THREE  OF  THIS  ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS  OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A  FIRM  ESTABLISHED  FOR  THE  BUSINESS  PURPOSE  OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR  REDEEM  THE  SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER  SUCH  TERMINATION,  ARE
SOLD  OR  TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.

S. 1506                            44                            A. 2006

  § 7. Paragraph (a) of section 1512 of the business corporation law, as
amended by chapter 550 of the laws  of  2011,  is  amended  to  read  as
follows:
  (a) Notwithstanding  any other provision of law, the name of a profes-
sional service corporation,  including  a  design  professional  service
corporation  AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain  any  word
which,  at  the  time  of  incorporation, could be used in the name of a
partnership practicing a profession which the corporation is  authorized
to  practice,  and  may  not contain any word which could not be used by
such a partnership.   Provided, however,  the  name  of  a  professional
service corporation may not contain the name of a deceased person unless
  (1) such  person's  name was part of the corporate name at the time of
such person's death; or
  (2) such person's name was part of the name of an existing partnership
and at least two-thirds of such partnership's partners become sharehold-
ers of the corporation.
  § 8. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE  DATE  PRESCRIBED  BY  THE  LICENSING  AUTHORITY,
FURNISH  A  STATEMENT  TO  THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND  OFFICER  OF  SUCH
CORPORATION  AND  CERTIFY  AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II)  AT  LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
  (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND  WERE  CERTI-
FIED PUBLIC ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER  OR  OFFICERS  ARE  AND  WERE  CERTIFIED  PUBLIC
ACCOUNTANTS.
THE  STATEMENT  SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND  ATTESTED  TO  BY  THE  SECRETARY  OR  ANY
ASSISTANT SECRETARY OF THE CORPORATION.
  § 9. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
  (d) "Foreign  professional  service  corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the  sharehold-
ers,  directors  and  officers  of  which are authorized and licensed to
practice the profession for which such corporation  is  licensed  to  do
business;  except  that  all  shareholders,  directors and officers of a
foreign professional service corporation which provides health  services
in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
PROVISION  OF  LAW  A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR
EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR-
ITY  OF  THE  OWNERSHIP  OF  THE  FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS  HELD  BY  THE

S. 1506                            45                            A. 2006

FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS  OF  A  FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS  STATE,  HOLD  A  VALID  LICENSE  ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED
UNDER  SECTION  SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH
FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM  AND  ITS  OWNERS  MUST
COMPLY  WITH  RULES PROMULGATED BY THE STATE BOARD OF REGENTS.  NOTWITH-
STANDING THE FOREGOING, A FIRM REGISTERED UNDER  THIS  SECTION  MAY  NOT
HAVE  NON-LICENSEE  OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI-
FIED PUBLIC ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS,"  OR  THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
OPERATING  UNDER  THIS  SECTION  SHALL  BE A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM  OR  ITS  AFFILIATED  ENTITIES,
PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A
NATURAL  PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY
THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF  THIS  SUBDIVISION,
"ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
WISE  INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF
THE FIRM.
  § 10. Subdivision (q) of section 121-1500 of the partnership  law,  as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state  and
each  partner  of  a  registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state.   Each
partner  of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
PROVIDE  PUBLIC  ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  MUST  BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY  IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or  landscape  architectural
services in this state must be licensed pursuant to article 145, article
147  and/or  article 148 of the education law to practice one or more of
such professions in this state. Each partner  of  a  registered  limited
liability  partnership  formed  to provide licensed clinical social work
services in this state must be licensed pursuant to article 154  of  the
education law to practice clinical social work in this state. Each part-
ner  of  a  registered  limited  liability partnership formed to provide
creative arts therapy services in this state must be  licensed  pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  Each partner of a registered limited liability partnership
formed to provide marriage and family therapy  services  in  this  state
must  be  licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership  formed  to  provide  mental  health
counseling  services  in this state must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this

S. 1506                            46                            A. 2006

state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant  to  article  163 of the education law to practice psychoanalysis in
this  state.  Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this  state  must
be licensed or certified pursuant to article 167 of the education law to
practice  applied  behavior  analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF  LAW  A  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY  IN  THIS  STATE,  HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW  OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING  THE  FOREGOING,  A  FIRM
REGISTERED  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH  NON-
LICENSEE  OWNER  OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY,  INCLUDING,  BUT  NOT
LIMITED  TO,  A  PARTNERSHIP  OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST  IN  SUCH  ENTITY  IS  A  NATURAL
PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,  "ACTIVELY
PARTICIPATE"  MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  § 11. Subdivision (q) of section 121-1502 of the partnership  law,  as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q) Each partner of a  foreign  limited  liability  partnership  which
provides  medical  services  in  this state must be licensed pursuant to
article 131 of the education law to practice medicine in the  state  and
each  partner  of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary  service
in  the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state.  Each  partner  of  a
foreign  limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant  to
article  145,  article  147  and/or  article 148 of the education law to
practice one or more of such professions.   EACH PARTNER  OF  A  FOREIGN
REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED  PURSUANT
TO  ARTICLE  149  OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
THIS STATE. Each partner of  a  foreign  limited  liability  partnership
which provides licensed clinical social work services in this state must

S. 1506                            47                            A. 2006

be  licensed  pursuant  to  article 154 of the education law to practice
licensed clinical social work in this state. Each partner of  a  foreign
limited  liability  partnership  which  provides  creative  arts therapy
services  in  this state must be licensed pursuant to article 163 of the
education law to practice creative arts  therapy  in  this  state.  Each
partner  of  a  foreign  limited  liability  partnership  which provides
marriage and family therapy services in  this  state  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited  liabil-
ity partnership which provides mental health counseling services in this
state  must  be licensed pursuant to article 163 of the education law to
practice mental health counseling in  this  state.  Each  partner  of  a
foreign  limited  liability  partnership  which  provides psychoanalysis
services in this state must be licensed pursuant to article 163  of  the
education  law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied  behavior
analysis  services  in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior  analy-
sis  in  this  state.    NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW A
FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE  IN  THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER  ARTICLE  149  OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1)
THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINAN-
CIAL  INTERESTS,  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND  VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS  TO  INDIVIDUALS  LICENSED  TO
PRACTICE  PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE  OF  BUSI-
NESS  IS  IN  THIS  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENCE  ISSUED  UNDER  SECTION
7404  OF  THE  EDUCATION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED
BY  THE  STATE  BOARD  OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED  PUBLIC  ACCOUNTANTS,"  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH
NON-LICENSEE OWNER OF A FIRM THAT IS  INCORPORATED  UNDER  THIS  SECTION
SHALL  BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT
NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST  IN  SUCH  ENTITY  IS  A  NATURAL
PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES.  FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  §  12.  Subdivision  (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
unless  the  context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners.  NOTWITHSTANDING  ANY
OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE

S. 1506                            48                            A. 2006

OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES  PROMULGATED  BY  THE  STATE  BOARD  OF  REGENTS.
NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF  THE  FIRM'S  NAME  INCLUDES  THE  WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP  OR  PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN  SUCH  ENTITY  IS  A  NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
  § 13. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state.  With respect to a professional service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land surveying, architectural, landscape architectural and/or geological
services  as  such  services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited  liability
company  must  be  licensed  pursuant to article 145, article 147 and/or
article 148 of the education  law  to  practice  one  or  more  of  such
professions  in  this  state.    WITH  RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY  SERVICES
AS  SUCH  SERVICES  ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE  LICENSED  PURSUANT  TO  ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to  provide  licensed  clinical  social
work  services as such services are defined in article 154 of the educa-
tion law, each  member  of  such  limited  liability  company  shall  be

S. 1506                            49                            A. 2006

licensed  pursuant  to  article  154  of  the  education law to practice
licensed clinical social work in this state. With respect to  a  profes-
sional service limited liability company formed to provide creative arts
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional  service
limited  liability company formed to provide marriage and family therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice  psychoanalysis  in  this  state.  With
respect  to  a  professional service limited liability company formed to
provide applied behavior analysis services as such services are  defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education  law  to  practice  applied  behavior  analysis in this state.
NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  LAW  A  PROFESSIONAL  SERVICE
LIMITED  LIABILITY  COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL  INTERESTS,
INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
NESS  IS  IN  THIS  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
7404  OF  THE  EDUCATION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED
BY  THE  STATE  BOARD OF REGENTS.  NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED  PUBLIC  ACCOUNTANTS,"  OR  THE ABBREVIATIONS "CPA" OR "CPAS." EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY,  INCLUDING,  BUT  NOT
LIMITED  TO,  A  PARTNERSHIP  OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST  IN  SUCH  ENTITY  IS  A  NATURAL
PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,  "ACTIVELY
PARTICIPATE"  MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  § 14. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:

S. 1506                            50                            A. 2006

  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of
the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of
the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides
dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a  foreign
professional  service  limited  liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services  are  defined  in  article
145,  article  147  and article 148 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE  DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL  SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides  licensed  clin-
ical social work services as such services are defined in article 154 of
the  education  law,  each  member  of such foreign professional service
limited liability company shall be licensed pursuant to article  154  of
the  education  law to practice clinical social work in this state. With

S. 1506                            51                            A. 2006

respect to a foreign  professional  service  limited  liability  company
which  provides  creative  arts  therapy  services  as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  With  respect  to  a  foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  marriage  and  family  therapy  in  this  state. With respect to a
foreign professional service limited liability  company  which  provides
mental  health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such  foreign  professional
service  limited  liability company must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited  liability
company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT  ALL  MEMBERS  OF  A  FOREIGN  LIMITED  PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  7404  OF  THE
EDUCATION  LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE  OWNERS,  THE
FIRM  AND  ITS  OWNERS  MUST  COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS.   NOTWITHSTANDING THE  FOREGOING,  A  FIRM  REGISTERED
UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION  SHALL  BE  (1)  A
NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  § 15. This act shall take effect immediately.

S. 1506                            52                            A. 2006

                                 PART C

  Section  1.  Section  1604 of the education law is amended by adding a
new subdivision 43 to read as follows:
  43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ-
ING THE USE OF SCHOOL BUS CAMERAS PURSUANT  TO  SECTION  ELEVEN  HUNDRED
EIGHTEEN  OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY
ALSO ENTER INTO CONTRACTS WITH  A  THIRD  PARTY  FOR  THE  INSTALLATION,
ADMINISTRATION,  OPERATION,  NOTICE  PROCESSING, AND MAINTENANCE OF SUCH
CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU-
ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND  TRAFFIC  LAW,
PROVIDED  THAT  THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTE-
NANCE, OR ANY OTHER COSTS ASSOCIATED WITH  SUCH  CAMERAS  SHALL  NOT  BE
CONSIDERED  AN  AIDABLE  EXPENSE  PURSUANT TO SECTION THIRTY-SIX HUNDRED
TWENTY-THREE-A OF THIS CHAPTER.
  § 2. Section 1709 of the education law is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43.  TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD, AUTHORIZING
THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN  HUNDRED  EIGH-
TEEN  OF  THE  VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE BOARD MAY ALSO
ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE  INSTALLATION,  ADMINIS-
TRATION,  OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS,
AND FOR THE SHARING OF REVENUE DERIVED FROM  SUCH  CAMERAS  PURSUANT  TO
SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED
THAT  THE  PURCHASE,  LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR
ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED  AN
AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF
THIS CHAPTER.
  §  3.  The  vehicle and traffic law is amended by adding a new section
1118 to read as follows:
  § 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A
SCHOOL BUS. (A) 1. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  EACH
BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED
AND  EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL BUS
SAFETY CAMERA PROGRAM IMPOSING MONETARY LIABILITY  ON  THE  OWNER  OF  A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
HUNDRED  SEVENTY-FOUR  OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER A BOARD
OF EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION  CONTRACTOR
THAT  HAS  CONTRACTED  WITH  SUCH  SCHOOL DISTRICT TO INSTALL SCHOOL BUS
SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY  OR  CONTRACTED  WITH  SUCH
DISTRICT.
  2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE
EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS SAFETY
CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER,  THE  PASSEN-
GERS,  OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE  DISMISSED  SOLELY
BECAUSE  A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE
CONTENTS OF A VEHICLE, PROVIDED THAT SUCH SCHOOL  DISTRICT  HAS  MADE  A
REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B)  IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE  LIABLE
FOR  A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED
OR OPERATED WITH THE PERMISSION OF THE OWNER,  EXPRESS  OR  IMPLIED,  IN
VIOLATION  OF  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM
A SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A  VEHICLE

S. 1506                            53                            A. 2006

SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
OPERATOR  OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION
OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"SCHOOL BUS SAFETY CAMERA" SHALL  MEAN  AN  AUTOMATED  PHOTO  MONITORING
DEVICE  AFFIXED  TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT
AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT  OVER-
TAKE  OR  PASS  SCHOOL  BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
  (D) NO SCHOOL DISTRICT OR SCHOOL BUS  TRANSPORTATION  CONTRACTOR  THAT
HAS  INSTALLED  CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES
FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT  WITH  THE
APPROPRIATE  LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING
AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES  FROM  SUCH
CAMERAS  TO  A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN
WHICH THE VIOLATION  OCCURRED  FOR  THE  PURPOSE  OF  IMPOSING  MONETARY
LIABILITY  ON  THE  OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR
PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN
HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE.   AFTER RECEIPT OF SUCH IMAGES A
POLICE OFFICER SHALL INSPECT SUCH  VIDEOTAPE  AND  IMAGES  TO  DETERMINE
WHETHER  A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN-
TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A  CERTIFICATE,
SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER  RECORDED  IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED  THEREIN.  ANY  PHOTOGRAPHS,
MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION.
  (E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION  OF
SUBDIVISION  (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE
SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS.
  (E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY  SUBDIVISION  (E)  OF
THIS  SECTION  SHALL  BE  PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN
SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING  INTO  A  MEMORANDUM  OF
UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF
SUCH  PENALTY  RECEIVED  TO  THE  LOCAL LAW ENFORCEMENT AGENCY, PROVIDED
HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW  ENFORCE-
MENT  AGENCY  EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL
DISTRICT.
  (F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE  DEEMED
A  CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE  INSURANCE
COVERAGE.
  (G)  1.  A  NOTICE  OF  LIABILITY  SHALL BE SENT BY THE RESPECTIVE LAW
ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO  EACH  PERSON  ALLEGED  TO  BE
LIABLE  AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO  THIS  SECTION.  PERSONAL
DELIVERY  ON  THE  OWNER  SHALL  NOT  BE REQUIRED. A MANUAL OR AUTOMATIC
RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS  SHALL  BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
(A)  OF  SECTION  ELEVEN  HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO

S. 1506                            54                            A. 2006

THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE  INVOLVED  IN  SUCH
VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE  MAY  CONTEST  THE
LIABILITY  ALLEGED  IN  THE  NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC-
TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION  WHERE
THE VIOLATION OCCURRED.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
ANY CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE  TRIBUNAL
TO  HEAR  AND  DETERMINE OWNER LIABILITY ESTABLISHED BY THIS ARTICLE FOR
FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU-
NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION.
  (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
SECTION  FOR  ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN  HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION THAT
THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE  TIME
THE  VIOLATION  OCCURRED  AND  HAD  NOT BEEN RECOVERED BY SUCH TIME. FOR
PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT  SHALL
BE  SUFFICIENT  THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
VEHICLE BE SENT BY FIRST CLASS MAIL TO THE  TRAFFIC  VIOLATIONS  BUREAU,
COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (J)  WHERE  THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSUANT
TO THIS SECTION IS BY AN  ADMINISTRATIVE  TRIBUNAL,  TRAFFIC  VIOLATIONS
BUREAU,  OR  A  COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A
VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT  TO  SUBDIVI-
SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI-
VISION  (A)  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS TITLE,
PROVIDED THAT HE OR SHE SENDS TO THE  ADMINISTRATIVE  TRIBUNAL,  TRAFFIC
VIOLATIONS  BUREAU,  OR  COURT HAVING JURISDICTION A COPY OF THE RENTAL,
LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE  DATE
OF  THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI-
BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU  OR
COURT  OF  THE  DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER
INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF  LIABILITY.  FAILURE  TO
SEND  SUCH  INFORMATION  WITHIN  SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL
RENDER THE OWNER LIABLE FOR THE  PENALTY  PRESCRIBED  BY  THIS  SECTION.
WHERE  THE  LESSOR  COMPLIES  WITH THE PROVISIONS OF THIS PARAGRAPH, THE
LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED  TO
BE  THE  OWNER  OF  SUCH  VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR THE VIOLATION OF  SUBDIVISION  (A)  OF  SECTION
ELEVEN  HUNDRED  SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
SECTION.
  (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR  OF  THIS  TITLE  PURSUANT  TO  THIS

S. 1506                            55                            A. 2006

SECTION  WAS  NOT  THE  OPERATOR  OF  THE  VEHICLE  AT  THE  TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION  AGAINST
THE OPERATOR.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE
BEEN  OVERTAKING  OR PASSING A SCHOOL BUS. FOR PURPOSES OF THIS SUBDIVI-
SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE  WAS
OPERATING  SUCH  VEHICLE  WITH THE CONSENT OF THE OWNER AT THE TIME SUCH
OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS.
  (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
  (M) IN ANY SCHOOL DISTRICT WHICH ADOPTS A  SCHOOL  BUS  SAFETY  CAMERA
PROGRAM  PURSUANT  TO  SUBDIVISION  (A)  OF  THIS  SECTION,  SUCH SCHOOL
DISTRICT SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF  ITS
SCHOOL  BUS  SAFETY  CAMERAS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
THOUSAND  NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT  SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  1.  A  DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE SCHOOL BUS
SAFETY CAMERAS WERE USED;
  2. THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF  SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE
DISTRICT;
  3.  THE  NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY CAMERAS IN
THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS;
  4. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  5.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
CATIONS   INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  7. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL  DISTRICT  FROM
SUCH ADJUDICATIONS;
  8.  EXPENSES  INCURRED  BY SUCH SCHOOL DISTRICT IN CONNECTION WITH THE
PROGRAM; AND
  9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR  OF  THIS  TITLE  THAT
SUCH  SCHOOL  BUS  SAFETY CAMERAS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
  § 4. Subdivision (c) of section 1174 of the vehicle and  traffic  law,
as  amended  by  chapter  254 of the laws of 2002, is amended to read as
follows:
  (c) Every person convicted of a violation of subdivision (a)  of  this
section  shall: for a first conviction thereof, be punished by a fine of
not less than [two hundred fifty] FIVE HUNDRED  dollars  nor  more  than
[four]  SEVEN hundred FIFTY dollars or by imprisonment for not more than
thirty days or by both such fine and imprisonment; for a conviction of a
second violation, both of which were committed within a period of  three
years,  such  person  shall  be punished by a fine of not less than [six
hundred] ONE THOUSAND dollars nor more than  [seven]  ONE  THOUSAND  TWO

S. 1506                            56                            A. 2006

hundred  fifty  dollars or by imprisonment for not more than one hundred
eighty days or by both such fine and imprisonment; upon a conviction  of
a  third  or  subsequent violation, all of which were committed within a
period  of  three  years, such person shall be punished by a fine of not
less than [seven hundred fifty] ONE THOUSAND TWO HUNDRED  FIFTY  dollars
nor  more  than one thousand FIVE HUNDRED dollars or by imprisonment for
not more than one hundred eighty days or by both such fine and imprison-
ment.
  § 5. This act shall take effect immediately.

                                 PART D

  Section 1. This act shall be known and may be cited  as  the  "Senator
Jose R. Peralta 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
  (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A  GENERAL  EQUIVALENCY
DIPLOMA,  RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
ON  THAT  GENERAL  EQUIVALENCY  DIPLOMA, AND ATTENDED THE INSTITUTION OF
HIGHER EDUCATION FOR THE UNDERGRADUATE  STUDY  FOR  WHICH  AN  AWARD  IS
SOUGHT  WITHIN  FIVE  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA; OR

S. 1506                            57                            A. 2006

  (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
SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO

S. 1506                            58                            A. 2006

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:
  (i) attended an approved New York high school for two or  more  years,
graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
applied  for  attendance [at] AND ATTENDED an institution or educational
unit of the city university within five years of receiving  a  New  York
state high school diploma; or
  (ii)  attended  an  approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency  diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance  [at],

S. 1506                            59                            A. 2006

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
  §  9.  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
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.

S. 1506                            60                            A. 2006

  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.
  § 10. Subdivision 5 of section 6301 of the education law,  as  amended
by chapter 327 of the laws of 2002, is amended to read as follows:
  5.  "Resident."  A person who has resided in the state for a period of
at least one year and in the county,  city,  town,  intermediate  school
district,  school  district or community college region, as the case may
be, for a period of at least six months, both immediately preceding  the
date  of  such  person's registration in a community college or, for the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term shall include any student who is not a resident of New York  state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection  (a) of section 1101 of title 8 of the United States Code, if
such student:
  (i) attended an approved New York high school for two or  more  years,
graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
applied  for  attendance  [at  an institution or educational unit of the
state university] AND ATTENDED A COMMUNITY COLLEGE within five years  of
receiving a New York state high school diploma; or
  (ii)  attended  an  approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency  diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an
institution or educational unit of the state university], EARNED  ADMIS-
SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY
COLLEGE  within  five  years  of receiving a general equivalency diploma
issued within New York state; or
  (iii) was enrolled in [an institution or educational unit of the state
university] A COMMUNITY COLLEGE in the fall semester or quarter  of  the
two  thousand  one--two thousand two academic year and was authorized by
such [institution or educational unit] COMMUNITY COLLEGE to pay  tuition
at  the  rate  or  charge  imposed for students who are residents of the
state.
  Provided, further, that a student without  lawful  immigration  status
shall  also  be  required to file an affidavit with such [institution or
educational unit] COMMUNITY COLLEGE stating that the student  has  filed

S. 1506                            61                            A. 2006

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]
ARTICLE, 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.
  § 11. 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;
  § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as amended 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 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-

S. 1506                            62                            A. 2006

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.
  §  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 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

S. 1506                            63                            A. 2006

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.
  §  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (i)  the name, address and social security number [or], employer iden-
tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  NINE-
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  NINETEEN  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 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

S. 1506                            64                            A. 2006

pursuant to article 6 of the public officers law or  otherwise  required
by law.
  §  18.  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.
  §  19. 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 nine of this act shall take effect; and
  b.  the  president  of the higher education services corporation shall
notify the legislative bill drafting commission upon the  occurrence  of
the  issuance  of regulations and the development of an application form
provided for in this section in order that the commission  may  maintain
an  accurate  and timely effective data base of the official text of the
laws of the state  of  New  York  in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

                                 PART E

  Section 1. This act shall be known and be  cited  as  the  "For-Profit
College Accountability Act".
  §  2.  The  education  law is amended by adding a new section 239-c to
read as follows:
  § 239-C. STANDARDS FOR FOR-PROFIT HIGHER EDUCATION INSTITUTIONS.    1.
FOR  THE  PURPOSES  OF THIS SECTION A "PROPRIETARY INSTITUTION OF HIGHER
EDUCATION" MEANS A SCHOOL THAT:
  (A) (I) PROVIDES AN ELIGIBLE PROGRAM OF TRAINING TO  PREPARE  STUDENTS
FOR GAINFUL EMPLOYMENT IN A RECOGNIZED OCCUPATION; OR
  (II)  PROVIDES  A  PROGRAM  LEADING  TO AN ASSOCIATES OR BACCALAUREATE
DEGREE;
  (B) IS LEGALLY AUTHORIZED IN NEW YORK STATE TO PROVIDE  A  PROGRAM  OF
EDUCATION BEYOND SECONDARY EDUCATION; AND
  (C) IS NEITHER A PUBLIC OR NONPROFIT INSTITUTION.
  2.  (A)  COMMENCING  IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
ACADEMIC YEAR AND THEREAFTER, A PROPRIETARY INSTITUTION OF HIGHER EDUCA-
TION, SHALL DERIVE NOT LESS THAN TWENTY PERCENT  OF  SUCH  INSTITUTION'S
ANNUAL  REVENUES  FROM  SOURCES  OTHER  THAN  THE COMBINED REVENUES FROM
LIMITED REVENUE SOURCES AS DEFINED IN SUBPARAGRAPH  (I)  OF  THIS  PARA-
GRAPH.
  (I)  FOR  THE  PURPOSES  OF THIS SUBDIVISION "LIMITED REVENUE SOURCES"
MEANS: (A) THE  TUITION  ASSISTANCE  PROGRAM  PURSUANT  TO  SECTION  SIX
HUNDRED SIXTY-SEVEN OF THIS TITLE;
  (B)  THE ENHANCED TUITION AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-
SEVEN-D OF THIS TITLE;
  (C) ALL FEDERAL STUDENT  LOAN  AND  GRANT  PROGRAMS  AUTHORIZED  UNDER
SUBCHAPTER IV OF CHAPTER 28 OF TITLE 20 OF THE UNITED STATES CODE; AND
  (D)  ANY  OTHER  LOCAL,  STATE,  OR FEDERAL GOVERNMENT LOAN, GRANT, OR
SCHOLARSHIP PROGRAM UTILIZED TO PAY TUITION,  INSTITUTIONAL  FEES,  ROOM

S. 1506                            65                            A. 2006

AND  BOARD,  OR  OTHER  COSTS  OF  ATTENDANCE  ON BEHALF OF A STUDENT OR
STUDENTS UTILIZING PUBLIC FUNDS.
  (II)  FOR PURPOSES OF THIS SUBDIVISION "LIMITED REVENUE SOURCES" SHALL
NOT INCLUDE:
  (A) THE AMOUNT OF FUNDS THE INSTITUTION RECEIVED FROM PRIVATE OR  NON-
GOVERNMENT SOURCES;
  (B)  THE  AMOUNT  OF  FUNDS RECEIVED BY STUDENTS IN THE FORM OF DIRECT
PAYMENT;
  (C) THE AMOUNT OF FUNDS PROVIDED BY THE INSTITUTION AS MATCHING  FUNDS
FOR A LIMITED REVENUE SOURCE;
  (D) INTEREST OR INVESTMENT INCOME;
  (E)  THE  AMOUNT  OF  FUNDS  PROVIDED BY THE INSTITUTION FOR A LIMITED
REVENUE SOURCE THAT ARE REQUIRED TO BE REFUNDED OR RETURNED; AND
  (F) THE AMOUNT CHARGED FOR BOOKS, SUPPLIES, AND EQUIPMENT, UNLESS  THE
INSTITUTION  INCLUDES  THAT  AMOUNT  AS TUITION, FEES, OR OTHER INSTITU-
TIONAL CHARGES.
  (III) FOR PURPOSES OF THIS SUBDIVISION, INSTITUTIONAL AID PROVIDED  TO
STUDENTS BY THE INSTITUTION SHALL NOT BE INCLUDED WITHIN THE CALCULATION
OF ANNUAL REVENUES.
  (B)  A  PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS TO MEET
THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE
ACADEMIC YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS  PARTICIPATING
IN  ANY  PROGRAM  AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD OF NOT LESS
THAN TWO ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC  YEAR  IMMEDIATELY
FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON-
STRATING  FAILURE  TO  MEET  THE  REQUIREMENT FOR THE SECOND CONSECUTIVE
ACADEMIC YEAR IS SUBMITTED TO THE COMMISSIONER PURSUANT  TO  SUBDIVISION
FOUR  OF  THIS  SECTION.  TO  REGAIN  ELIGIBILITY TO ENROLL NEW STUDENTS
PARTICIPATING IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A  PROPRIE-
TARY  INSTITUTION  OF HIGHER EDUCATION SHALL DEMONSTRATE COMPLIANCE WITH
PARAGRAPH (A) OF THIS SUBDIVISION FOR A MINIMUM OF  TWO  ACADEMIC  YEARS
AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE.
  3.  ON  OR BEFORE SEPTEMBER FIRST, A PROPRIETARY INSTITUTION OF HIGHER
EDUCATION SHALL ANNUALLY SUBMIT TO THE COMMISSIONER AND THE COMMISSIONER
SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE A DETAILED FINANCIAL STATEMENT
DISCLOSING THE INSTITUTION'S REVENUES AND  EXPENDITURES  FOR  THE  PRIOR
ACADEMIC  YEAR AND SHALL DISCLOSE THE SOURCES OF REVENUE BY TYPE AS WELL
AS TYPES OF EXPENDITURES. SUCH STATEMENT SHALL ALSO INCLUDE A LISTING OF
THE TOTAL INDIVIDUAL COMPENSATION FROM THE INSTITUTION TO ALL  OFFICERS,
DIRECTORS,  BOARD  MEMBERS, TRUSTEES, SHAREHOLDERS, MEMBERS, OWNERS, AND
SENIOR ADMINISTRATORS,  INCLUDING  ALL  FRINGE  BENEFITS,  BONUSES,  AND
PERFORMANCE  INCENTIVES  PAID IN THE PRIOR ACADEMIC YEAR. SUCH STATEMENT
SHALL ADHERE TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES  AND  SHALL  BE
CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AND CERTIFIED BY
THE PRESIDENT OF THE INSTITUTION. SUCH STATEMENT SHALL BE SUBMITTED IN A
FORM AND MANNER AS DETERMINED BY THE COMMISSIONER.
  4.  NO  PROPRIETARY  INSTITUTION  OF HIGHER EDUCATION SHALL PERMIT ANY
SENIOR STAFF OR BOARD MEMBER OF THE INSTITUTION TO SERVE ON THE BOARD OF
ANY REGIONAL OR NATIONAL ACCREDITING AGENCY OR ASSOCIATION WHICH  IS  AN
ACCREDITOR OF THE INSTITUTION.
  5.  NO  PROPRIETARY  INSTITUTION OF HIGHER EDUCATION SHALL INCLUDE ANY
PROVISION REQUIRING ARBITRATION OF DISPUTES WITHIN ANY  STUDENT  ENROLL-
MENT CONTRACT OR AGREEMENT.
  6.  (A)  COMMENCING  IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
ACADEMIC YEAR AND THEREAFTER, NO LESS THAN FIFTY PERCENT OF  A  PROPRIE-

S. 1506                            66                            A. 2006

TARY INSTITUTION OF HIGHER EDUCATION'S ANNUAL EXPENDITURES SHALL BE MADE
IN THE AREA OF STUDENT INSTRUCTION.
  (B)  FOR  THE PURPOSES OF THIS SUBDIVISION "STUDENT INSTRUCTION" MEANS
EXPENDITURES FOR SALARIES,  FRINGE  BENEFITS,  PROFESSIONAL  DEVELOPMENT
EXPENSES,  AND  OTHER  PAYMENTS MADE TO INSTRUCTORS RELATED TO CLASSROOM
INSTRUCTION. SUCH TERM DOES NOT INCLUDE EXPENDITURES FOR STAFF  TRAINING
REQUIRED  UNDER  STATE  OR  FEDERAL  LAWS,  OR  FOR STUDENT RECRUITMENT,
MARKETING, DIRECT MAILING, OR EXPENSES OF NON-INSTRUCTIONAL STAFF.
  (C) A PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS  TO  MEET
THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE
ACADEMIC  YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS PARTICIPATING
IN ANY PROGRAM AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD  OF  NOT  LESS
THAN  TWO  ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC YEAR IMMEDIATELY
FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON-
STRATING FAILURE TO MEET THE  REQUIREMENT  FOR  THE  SECOND  CONSECUTIVE
ACADEMIC  YEAR  IS SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION. TO  REGAIN  ELIGIBILITY  TO  ENROLL  NEW  STUDENTS
PARTICIPATING  IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A PROPRIE-
TARY INSTITUTION OF HIGHER EDUCATION SHALL DEMONSTRATE  COMPLIANCE  WITH
PARAGRAPH  (A)  OF  THIS SUBDIVISION FOR A MINIMUM OF TWO ACADEMIC YEARS
AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE.
  7. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION OR  A  DIREC-
TIVE  OF THE COMMISSIONER ARISING THEREFROM SHALL CONSTITUTE A VIOLATION
OF THE LAWS GOVERNING STATE FINANCIAL AID PROGRAMS FOR THE  PURPOSES  OF
SECTION SIX HUNDRED SIXTY-FIVE-A OF THIS TITLE, AND THE PRESIDENT OF THE
HIGHER  EDUCATION  SERVICES CORPORATION SHALL BE AUTHORIZED TO TERMINATE
EXISTING AGREEMENTS WITH THE INSTITUTION TO PARTICIPATE IN STATE  FINAN-
CIAL  AID  PROGRAMS AND MAY PROHIBIT PARTICIPATION OF THE INSTITUTION IN
STATE FINANCIAL AID PROGRAMS WITH RESPECT TO STUDENTS ENROLLED AFTER THE
DATE OF TERMINATION OF SUCH AGREEMENTS.  FURTHER,  WHERE  A  PROPRIETARY
INSTITUTION  OF  HIGHER EDUCATION FAILS TO COMPLY WITH THE PROVISIONS OF
THIS SECTION OR A DIRECTIVE OF THE COMMISSIONER ARISING  THEREFROM,  THE
COMMISSIONER SHALL BE AUTHORIZED TO RESCIND SUCH INSTITUTION'S AUTHORITY
TO ENROLL NEW STUDENTS IN ACADEMIC PROGRAMS IN THE STATE.
  8. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
  § 3. This act shall take effect immediately.

                                 PART F

  Section 1. Section 97-z of the state finance law, as added by  chapter
625  of  the laws of 1987, subdivision 3 as amended by chapter 83 of the
laws of 1995, is amended to read as follows:
  § 97-z. Arts capital [revolving] GRANTS fund. 1. A special fund to  be
known  as  the  "arts  capital [revolving] GRANTS fund" is hereby estab-
lished in the custody of the state comptroller and the  commissioner  of
taxation and finance.
  2.  The fund shall consist of all monies appropriated for its purpose,
all monies transferred to such fund pursuant to law, all monies required
by this section or any other provision of law to be paid into or credit-
ed to the fund[, including payments of  principal  of  and  interest  on
loans  made  from  the  fund] and any interest earnings which may accrue
from the investment of monies in  the  fund.  Nothing  contained  herein
shall  prevent  the  New  York  state council on the arts from receiving

S. 1506                            67                            A. 2006

grants, gifts or bequests for the purposes of the  fund  as  defined  in
this section and depositing them into the fund according to law.
  3. Monies of the fund, when allocated, shall be available for adminis-
trative  costs  of  the  council  and to make [loans] GRANTS to eligible
not-for-profit arts organizations as provided in  section  3.07  of  the
arts  and cultural affairs law [and to pay the reasonable administrative
costs of the dormitory authority incurred in monitoring construction  on
eligible projects and costs associated with contracts with outside enti-
ties  to  disburse loans and receive payments on such loans, as provided
in such section].
  4. Monies shall be payable from the fund on the audit and  warrant  of
the  comptroller  on  vouchers approved and certified by the chairman of
the New York state council on the arts.
  § 2. This act shall take effect immediately.

                                 PART G

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  may  provide, for purposes of the neighborhood
preservation program, a sum not to exceed $8,479,000 for the fiscal year
ending March 31, 2020.  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 preserva-
tion program contracts authorized by this section, a total  sum  not  to
exceed $8,479,000, 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  2018-2019  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, 2019.
  §  2.  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 $3,539,000 for the fiscal year ending March
31,  2020.    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
$3,539,000, 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
2018-2019  in  accordance  with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project  pool

S. 1506                            68                            A. 2006

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,
2019.
  § 3. This act shall take effect immediately.

                                 PART H

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  1  of
section  390  of the social services law, as added by chapter 750 of the
laws of 1990, is amended to read as follows:
  (i) "Child day care" shall mean CHILD CARE WHERE A LICENSE  OR  REGIS-
TRATION  PURSUANT TO THIS SECTION IS REQUIRED AND SHALL INCLUDE care for
a child on a regular basis provided away from the child's residence  for
less  than  twenty-four  hours  per  day  by someone other than: (1) the
parent, step-parent, guardian, or relative within the  third  degree  of
consanguinity  of  the  parents or step-parents of such child; OR (2) AN
ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH  TERM IS DEFINED  IN  PARAGRAPH
(G) OF THIS SUBDIVISION.
  §  2.  Subdivision  1  of  section  390  of the social services law is
amended by adding two new paragraphs (g) and (h) to read as follows:
  (G) "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN A PERSON  OR  ENTITY
THAT  IS  NOT  REQUIRED  TO  BE  LICENSED OR REGISTERED PURSUANT TO THIS
SECTION AND THAT IS ENROLLED TO PROVIDE SUBSIDIZED CHILD  CARE  SERVICES
TO ELIGIBLE FAMILIES IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE AND
THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  (H) "RELATIVE ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN AN ENROLLED
LEGALLY-EXEMPT PROVIDER WHO IS AN INDIVIDUAL, AGE EIGHTEEN OR OLDER, AND
WHO,  BY  VIRTUE  OF  BLOOD, MARRIAGE OR COURT DECREE, IS, TO ALL OF THE
CHILDREN THAT SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED  CHILD  CARE
SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE:
  (I) A GRANDPARENT;
  (II) A GREAT-GRANDPARENT;
  (III)  A  SIBLING  PROVIDED  THAT  SUCH  SIBLING RESIDES IN A SEPARATE
HOUSEHOLD FROM THE CHILD;
  (IV) AN AUNT; OR
  (V) AN UNCLE.
  § 3. Paragraph (a) of subdivision 2  of  section  390  of  the  social
services  law, as amended by chapter 117 of the laws of 2010, is amended
to read as follows:
  (a) Child day care centers caring for seven or more children and group
family day care programs, as defined in subdivision one of this section,
shall obtain a license from the office of children and  family  services
and  shall  operate in accordance with the terms of such license and the
regulations of such office. Initial licenses [shall be valid for a peri-
od of up to two years;] AND subsequent licenses shall  be  valid  for  a
period of up to four years so long as the provider remains substantially
in compliance with applicable law and regulations during such period.
  § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
of  section 390 of the social services law, as amended by chapter 117 of
the laws of 2010, is amended to read as follows:
  (A) Initial registrations [shall be valid for a period of  up  to  two
years,]  AND  subsequent registrations shall be valid for a period of up

S. 1506                            69                            A. 2006

to four years so long as the provider remains substantially  in  compli-
ance with applicable law and regulations during such period.
  §  5.  Paragraphs  (a)  and (b) of subdivision 3 of section 390 of the
social services law, paragraph (a) as amended by chapter 416 of the laws
of 2000, and paragraph (b) as amended by chapter  117  of  the  laws  of
2010, are amended to read as follows:
  (a)  The  office of children and family services may make announced or
unannounced inspections of the records and premises of any  child  [day]
care  provider,  whether  or not such provider has a license from, or is
registered with, the office of children and family services.  The office
of children and family services shall make  unannounced  inspections  of
the  records  and premises of any child day care provider within fifteen
days after the  office  of  children  and  family  services  receives  a
complaint  that,  if  true, would indicate such provider does not comply
with the APPLICABLE regulations of the office  of  children  and  family
services or with statutory requirements. If the complaint indicates that
there may be imminent danger to the children, the office of children and
family  services  shall investigate the complaint no later than the next
day of operation of the provider. The  office  of  children  and  family
services may provide for inspections through the purchase of services.
  (b)  (I) Where inspections have been made and violations of applicable
statutes or regulations have been found,  the  office  of  children  and
family services shall within ten days advise the child day care provider
in  writing  of  the violations and require the provider to correct such
violations. The office of children and  family  services  may  also  act
pursuant to subdivisions ten and eleven of this section.
  (II)  WHERE  INSPECTIONS  HAVE  BEEN MADE AND VIOLATIONS OF APPLICABLE
STATUTES OR REGULATIONS HAVE BEEN FOUND,  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  OR  ITS  DESIGNEE  SHALL,  WITHIN TEN DAYS, ADVISE THE
ENROLLED LEGALLY-EXEMPT  PROVIDER  IN  WRITING  OF  THE  VIOLATIONS  AND
REQUIRE THE PROVIDER TO CORRECT SUCH VIOLATIONS.
  §  6.  Paragraph  (a)  of  subdivision  4 of section 390 of the social
services law, as amended by chapter 416 of the laws of 2000, is  amended
to read as follows:
  (a)  The  office  of  children  and family services on an annual basis
shall inspect [at least twenty percent of all registered family day care
homes, registered child day care centers and registered school age child
care programs to determine whether such homes, centers and programs  are
operating  in  compliance  with applicable statutes and regulations. The
office of children and family services shall increase the percentage  of
family  day care homes, child day care centers and school age child care
programs which are inspected pursuant to this subdivision as follows: to
at least thirty percent by the thirty-first of  December  two  thousand;
and  to at least fifty percent by the thirty-first of December two thou-
sand one] ALL CHILD DAY CARE PROGRAMS AND  ALL  ENROLLED  LEGALLY-EXEMPT
PROVIDERS  OTHER  THAN  RELATIVE  ENROLLED LEGALLY-EXEMPT PROVIDERS. The
office of children and family services may provide for such  inspections
through  purchase  of  services.  [Priority shall be given to family day
care homes which have never been licensed or certified prior to  initial
registration.]
  §  7.  Subdivision  3  of section 390-a of the social services law, as
added by chapter 416 of the laws of 2000, paragraph (b)  as  amended  by
chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter
117 of the laws of 2010, is amended to read as follows:
  3.  (a)  The  office  of children and family services shall promulgate
regulations  requiring  operators,  program  directors,  employees   and

S. 1506                            70                            A. 2006

assistants  of  family  day  care  homes,  group  family day care homes,
school-age child care programs and child day  care  centers  to  receive
PRE-SERVICE  AND  ANNUAL  TRAINING, AS APPLICABLE. PROVIDED HOWEVER THAT
SUCH  PROVIDERS  SHALL  BE  REQUIRED TO RECEIVE thirty hours of training
every two years; provided, FURTHER however, that fifteen hours  of  such
training  must  be  received  within the first six months of the initial
licensure, registration or employment. Such training requirements  shall
also  apply to any volunteer in such day care homes, programs or centers
who has the potential for regular and substantial contact with children.
The thirty hours of training required during the  first  biennial  cycle
after  initial licensure or registration shall include training received
while an application for licensure or registration pursuant  to  section
three  hundred  ninety  of this title is pending. The office of children
and family services  may  provide  this  training  through  purchase  of
services.
  (b)  The  training required in paragraph (a) of this subdivision shall
address TOPICS AND SUBJECT MATTERS  REQUIRED  BY  FEDERAL  LAW  AND  the
following  topics  OR  SUBJECT  MATTERS,  UNLESS  SUCH TOPICS OR SUBJECT
MATTERS ARE SUBSTANTIALLY COVERED IN TRAINING THAT IS REQUIRED  PURSUANT
TO FEDERAL LAW:
  (i) principles of childhood development, focusing on the developmental
stages of the age groups for which the program provides care;
  (ii) nutrition and health needs of infants and children;
  (iii) child day care program development;
  (iv) safety and security procedures;
  (v) business record maintenance and management;
  (vi) child abuse and maltreatment identification and prevention;
  (vii) statutes and regulations pertaining to child day care;
  (viii)   statutes  and  regulations  pertaining  to  child  abuse  and
maltreatment; and
  (ix) for operators, program directors,  employees  and  assistants  of
family  day  care  homes, group family day care homes and child day care
centers, education and information on the identification, diagnosis  and
prevention of shaken baby syndrome.
  (c)  For  the  thirty  hours  of  biennial training required after the
initial period of licensure  or  registration,  each  provider  who  can
demonstrate  basic  competency shall determine in which of the specified
topics he or she needs further study, based on the provider's experience
and the needs of the children in the provider's care.
  (d) Family day care home and group  family  day  care  home  operators
shall  obtain training pertaining to protection of the health and safety
of children, as required by regulation,  prior  to  the  issuance  of  a
license or registration by the office of children and family services.
  (e)  Upon  request  by the office of children and family services, the
child day care applicant or provider shall submit  documentation  demon-
strating compliance with the training requirements of this section.
  §  8. The section heading of section 390-b of the social services law,
as added by chapter 416 of the laws of  2000,  is  amended  to  read  as
follows:
  Criminal  history  review  AND  BACKGROUND  CLEARANCES  of  child care
providers, generally.
  § 9. Subdivisions 1, 2 and 3 of section 390-b of the  social  services
law  are  REPEALED  and  five  new subdivisions 1, 1-a, 2, 3 and 3-a are
added to read as follows:
  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  AND
SUBJECT  TO  RULES  AND REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY

S. 1506                            71                            A. 2006

SERVICES  AND,  WHERE  APPLICABLE,  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES, THE FOLLOWING CLEARANCES SHALL BE CONDUCTED FOR ENTITIES SPEC-
IFIED  IN  SUBDIVISION  TWO  OF  THIS  SECTION IN THE TIME AND MANNER AS
REQUIRED BY THIS SECTION:
  (A)  A  CRIMINAL  HISTORY  RECORD  CHECK WITH THE DIVISION OF CRIMINAL
JUSTICE SERVICES;
  (B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN  EACH  STATE  OTHER
THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING
FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S  CRIMINAL  HISTORY  RECORD
INFORMATION  WILL  BE  PROVIDED  AS PART OF THE RESULTS OR THE CLEARANCE
CONDUCTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION;
  (C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES-
TIGATION; THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  IS  DIRECTED  TO
SUBMIT  FINGERPRINTS  TO  THE  FEDERAL  BUREAU  OF INVESTIGATION FOR THE
PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT  TO  AND
CONSISTENT  WITH  PUBLIC  LAW  113-186 TO DETERMINE WHETHER SUCH PERSONS
SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION;
  (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
  (E) A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN  EACH
STATE  OTHER  THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING
THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER
REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED
PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION;
  (F) A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE  NATIONAL
CRIME  AND  INFORMATION  CENTER,  ESTABLISHED UNDER THE ADAM WALSH CHILD
PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.);
  (G) A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD  ABUSE
AND  MALTREATMENT  IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A
OF THIS ARTICLE; AND
  (H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY
STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES  OR  RESIDED  DURING
THE PRECEDING FIVE YEARS; IF APPLICABLE.
  1-A. FOR PURPOSES OF THIS SECTION, AND IN ACCORDANCE WITH FEDERAL LAW,
THE  TERM "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL REFER TO A PERSON WHO
MEETS THE DEFINITION OF "ENROLLED LEGALLY-EXEMPT PROVIDER" AS DEFINED IN
PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS
TITLE AND WHO IS NOT AN INDIVIDUAL WHO IS RELATED TO  ALL  CHILDREN  FOR
WHOM CHILD CARE SERVICES ARE PROVIDED.
  2.  IN  RELATION TO ANY CHILD DAY CARE PROGRAM AND ANY ENROLLED LEGAL-
LY-EXEMPT PROVIDER:
  (A) THE CLEARANCES REQUIRED PURSUANT TO PARAGRAPHS (A), (C),  (D)  AND
(G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONDUCTED FOR:
  (I)  EVERY  PROSPECTIVE  VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED
CONTACT WITH CHILDREN IN CARE;
  (II) EVERY APPLICANT TO BECOME AN ENROLLED LEGALLY-EXEMPT PROVIDER;
  (III) EVERY PROSPECTIVE CAREGIVER OR EMPLOYEE, INCLUDING DIRECTORS AND
OPERATORS OF SUCH A PROGRAM; AND
  (IV) WHERE THE CHILD CARE SERVICES WILL BE OR ARE PROVIDED IN  A  HOME
SETTING  WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN OR
OLDER WHO, FOR A PROSPECTIVE PROGRAM, RESIDES, OR WHO, FOR  AN  EXISTING
PROGRAM,  BEGINS  RESIDING ON THE PREMISES WHERE THE CHILD CARE SERVICES
ARE PROVIDED;
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  PRIOR
TO OCTOBER FIRST, TWO THOUSAND TWENTY, ALL CLEARANCES LISTED IN SUBDIVI-
SION  ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND FOR WHICH ON-GOING CRIMINAL

S. 1506                            72                            A. 2006

HISTORY RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN  ACCORD-
ANCE  WITH  A  SCHEDULE  DEVELOPED  BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES, FOR ALL:
  (I)  EXISTING  VOLUNTEERS  WITH THE POTENTIAL FOR UNSUPERVISED CONTACT
WITH CHILDREN IN CARE;
  (II) EXISTING CAREGIVERS AND EMPLOYEES INCLUDING DIRECTORS AND  OPERA-
TORS OF ANY SUCH PROGRAM; AND
  (III)  WHERE  THE  CHILD  CARE SERVICES ARE PROVIDED IN A HOME SETTING
WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE  EIGHTEEN  OR  OLDER
WHO RESIDES ON THE PREMISES WHERE THE CHILD CARE SERVICES ARE PROVIDED;
  (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
CLEARANCES REQUIRED PURSUANT TO THIS SECTION OTHER THAN THOSE FOR  WHICH
ON-GOING CRIMINAL HISTORY RESULTS ARE PROVIDED, SHALL BE CONDUCTED FOR A
PERSON  LISTED  IN SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH (B) OF
THIS SUBDIVISION AT LEAST ONCE EVERY FIVE YEARS  IN  ACCORDANCE  WITH  A
SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  3.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
RELATION TO THE CLEARANCES REQUIRED PURSUANT THIS SECTION, AN INDIVIDUAL
OR A PROGRAM SHALL BE DEEMED INELIGIBLE, AS  SUCH  TERM  IS  DEFINED  IN
PARAGRAPH (B) OF THIS SUBDIVISION, IF SUCH INDIVIDUAL:
  (I) REFUSES TO CONSENT TO SUCH CLEARANCE;
  (II)  KNOWINGLY  MAKES A MATERIALLY FALSE STATEMENT IN CONNECTION WITH
SUCH A CLEARANCE;
  (III) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A  STATE  SEX
OFFENDER  REGISTRY  OR  REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY
ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
(42 U.S.C. 16901 ET SEQ.); OR
  (IV) HAS BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH  (E)  OR
CLAUSES  (I)  THROUGH  (VIII)  OF  SUBPARAGRAPH  (D) OF PARAGRAPH (1) OF
SUBDIVISION (C) OF 42 U.S.C. 9858F.
  (B) FOR PURPOSE OF THIS SUBDIVISION, THE TERM "INELIGIBLE" SHALL MEAN:
  (I) THE INDIVIDUAL WHO ENGAGED IN CONDUCT LISTED IN PARAGRAPH  (A)  OF
THIS SUBDIVISION SHALL NOT BE PERMITTED TO:
  (1)  OPERATE,  DIRECT, BE THE CAREGIVER FOR, OR BE EMPLOYED BY A CHILD
DAY CARE PROGRAM OR AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR
  (2) BE A VOLUNTEER WITH THE POTENTIAL FOR  UNSUPERVISED  CONTACT  WITH
CHILDREN  IN A CHILD DAY CARE PROGRAM OR WITH AN ENROLLED LEGALLY-EXEMPT
PROVIDER; OR
  (3) BE AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR
  (II) IN RELATION TO CHILD DAY CARE PROGRAMS OR ANY  ENROLLED  LEGALLY-
EXEMPT PROVIDERS, WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, TO
A CHILD IN A HOME SETTING WHERE SUCH CHILD DOES NOT RESIDE, SUCH PROGRAM
OR  PROVIDER SHALL NOT BE ELIGIBLE TO OPERATE OR TO BE ENROLLED TO SERVE
CHILDREN RECEIVING CHILD CARE SUBSIDIES PURSUANT TO TITLE FIVE-C OF THIS
ARTICLE, IF AN INDIVIDUAL OVER THE AGE OF EIGHTEEN WHO  RESIDES  IN  THE
HOUSEHOLD WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, ENGAGED IN
CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  3-A.  (A)  IN  RELATION  TO  CHILD  DAY CARE PROGRAMS AND ANY ENROLLED
LEGALLY-EXEMPT PROVIDER, WHEN A CLEARANCE  CONDUCTED  PURSUANT  TO  THIS
SECTION  REVEALS  THAT  ANY  EXISTING  OPERATOR, DIRECTOR, CAREGIVER, OR
PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD  CARE
IS  PROVIDED  IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE HAS BEEN
CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN  SUBPARAGRAPH  (IV)  OF
PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES  SHALL  CONDUCT  A  SAFETY  ASSESSMENT  OF  THE
PROGRAM  AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY

S. 1506                            73                            A. 2006

OF THE CHILDREN IN THE PROGRAM, AND MAY DENY, LIMIT, SUSPEND, REVOKE  OR
REJECT  SUCH  PROGRAM'S  LICENSE  OR REGISTRATION OR TERMINATE OR REJECT
SUCH PROGRAM'S ENROLLMENT, AS APPLICABLE, UNLESS THE OFFICE OF  CHILDREN
AND FAMILY SERVICES, DETERMINES IN ITS DISCRETION, THAT CONTINUED OPERA-
TION  BY  THE CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER
WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH,  SAFETY  OR  WELFARE  OF  THE
CHILDREN CARED FOR IN THE PROGRAM OR BY THE PROVIDER.
  (B)  IN  RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY-
EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED  PURSUANT  TO  THIS  SECTION
REVEALS  THAT  ANY EXISTING EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR
UNSUPERVISED CONTACT WITH CHILDREN HAS BEEN CONVICTED OF A  CRIME  OTHER
THAN  ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION
THREE OF THIS SECTION, THE OFFICE OF CHILDREN OF FAMILY  SERVICES  SHALL
CONDUCT  A  SAFETY  ASSESSMENT  OF  THE PROGRAM AND TAKE ALL APPROPRIATE
STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN  THE  PROGRAM.
THE  OFFICE  OF  CHILDREN  OF  FAMILY SERVICES MAY DIRECT THE PROGRAM OR
PROVIDER TO  TERMINATE  THE  EMPLOYEE  OR  VOLUNTEER  BASED  ON  SUCH  A
CONVICTION,  CONSISTENT  WITH  ARTICLE  TWENTY-THREE-A OF THE CORRECTION
LAW.
  (C) IN RELATION TO ANY CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGAL-
LY-EXEMPT PROVIDERS OR ANY APPLICANTS TO BECOME AN ENROLLED  LEGALLY-EX-
EMPT  PROVIDER,  WHERE  A  CLEARANCE  CONDUCTED PURSUANT TO THIS SECTION
REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET  FORTH  IN  SUBPARA-
GRAPH  (IV)  OF  PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, FOR
ANY PROSPECTIVE EMPLOYEE, VOLUNTEER, OR  APPLICANT  SEEKING  ENROLLMENT,
THE  OFFICE  OF CHILDREN AND FAMILY SERVICES MAY DIRECT THAT SUCH PERSON
NOT BE HIRED OR BE ENROLLED, AS APPLICABLE, BASED ON SUCH A  CONVICTION,
CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  (D)  (I)  WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS
THAT AN APPLICANT TO BE THE OPERATOR OR DIRECTOR OF  A  CHILD  DAY  CARE
PROGRAM,  OR  ANYONE  WHO  RESIDES  IN THE HOME OVER THE AGE OF EIGHTEEN
WHERE CHILD DAY CARE IS PROPOSED TO BE PROVIDED TO CHILDREN IN  A  HOME-
BASED  SETTING HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE  CHARGE
IS FINALLY RESOLVED.
  (II) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
THE  CURRENT  OPERATOR  OR  DIRECTOR  OF A CHILD DAY CARE PROGRAM OR ANY
PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE  CHILD  DAY
CARE  IS  PROVIDED HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND
TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF  CHILDREN
IN THE PROGRAM. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY SUSPEND A
LICENSE  OR  REGISTRATION OR TERMINATE ENROLLMENT BASED ON SUCH A CHARGE
WHEN NECESSARY TO PROTECT THE HEALTH  AND  SAFETY  OF  CHILDREN  IN  THE
PROGRAM.
  (III)  WHERE  A  CLEARANCE  CONDUCTED PURSUANT TO THIS SECTION REVEALS
THAT AN EXISTING CAREGIVER, VOLUNTEER OR  AN  EXISTING  EMPLOYEE  OF  AN
ENROLLED  LEGALLY-EXEMPT PROVIDER OR ANY PERSON OVER THE AGE OF EIGHTEEN
THAT RESIDES IN A HOME WHERE CHILD  CARE  IS  PROVIDED  BY  AN  ENROLLED
LEGALLY-EXEMPT  PROVIDER  IN  A  HOME  SETTING  WHERE THE CHILD DOES NOT
RESIDE, HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL TAKE ONE OR MORE OF THE FOLLOWING STEPS:
  (A) CONDUCT A SAFETY ASSESSMENT; OR
  (B) TAKE ALL APPROPRIATE STEPS TO PROTECT THE  HEALTH  AND  SAFETY  OF
CHILDREN IN THE PROGRAM.

S. 1506                            74                            A. 2006

  (IV) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
AN APPLICANT TO BE AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSU-
PERVISED  CONTACT  WITH  CHILDREN  OF  A CHILD DAY CARE PROGRAM HAS BEEN
CHARGED WITH A CRIME, THE OFFICE SHALL HOLD THE APPLICATION IN  ABEYANCE
UNTIL THE CHARGE IS FINALLY RESOLVED.
  (V)  WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
A CURRENT EMPLOYEE, OR CURRENT VOLUNTEER WITH THE POTENTIAL FOR UNSUPER-
VISED CONTACT WITH CHILDREN OF A CHILD  DAY  CARE  PROGRAM  OR  ENROLLED
LEGALLY-EXEMPT  PROVIDER  HAS  BEEN  CHARGED WITH A CRIME, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY  ASSESSMENT  OF  THE
PROGRAM  AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY
OF THE CHILDREN IN THE PROGRAM.
  § 10. Subdivision 6 of section 390-b of the  social  services  law  is
REPEALED and a new subdivision 6 is added to read as follows:
  6.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY ANY REQUIRED
PROCESSING FEE FOR A CRIMINAL HISTORY OR SEX OFFENDER CLEARANCE PURSUANT
TO THIS SECTION. THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  SHALL
PROMPTLY  SUBMIT FINGERPRINTS OBTAINED PURSUANT TO THIS SECTION AND SUCH
PROCESSING FEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  § 11. Subdivision 7 of section 390-b of the social  services  law,  as
added by chapter 416 of the laws of 2000, is amended to read as follows:
  7.  Where  the  office of children and family services OR ITS DESIGNEE
DENIES OR directs a child day care OR AN ENROLLED LEGALLY-EXEMPT provid-
er to deny an application based on the criminal history  record[,];  (A)
the  provider must notify the applicant that such record is the basis of
the denial; AND (B) THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL
ALSO  NOTIFY  AS  THE CASE MAY BE, SUCH CURRENT OR PROSPECTIVE OPERATOR,
DIRECTOR, EMPLOYEE, ASSISTANT, LEGALLY EXEMPT PROVIDER,  VOLUNTEER  WITH
THE  POTENTIAL  FOR  UNSUPERVISED  CONTACT WITH CHILDREN OR OTHER PERSON
EIGHTEEN YEARS OF AGE OR OLDER, WHO RESIDES IN THE HOME  WHERE  CARE  IS
PROVIDED,  OTHER  THAN  THE CHILD'S HOME, THAT THE CRIMINAL RECORD CHECK
WAS THE BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE  SUCH  INDI-
VIDUAL  WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD CHECK
UPON WHICH SUCH DENIAL WAS  BASED  TOGETHER  WITH  A  WRITTEN  STATEMENT
SETTING  FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL  OF  HIS
OR  HER  RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI-
GATION.
  § 12. Subdivisions 9 and 10 of section 390-b of  the  social  services
law,  as added by chapter 416 of the laws of 2000, are amended and a new
subdivision 11 is added to read as follows:
  9. (A) Any criminal history record provided by the division of  crimi-
nal  justice  services,  and  any summary of the criminal history record
provided by the office of children and family services to a  [child  day
care  provider]  PERSON  THAT  RECEIVES  A  CLEARANCE  pursuant  to this
section,  is  confidential  and  shall  not  be  available  for   public
inspection; provided, however, nothing herein shall prevent [a child day
care  provider  or]  the  office  of  children  and family services from
disclosing criminal history information OR THE INDIVIDUAL FROM  DISCLOS-
ING  HIS  OR  HER  CRIMINAL HISTORY INFORMATION at any administrative or
judicial proceeding relating to the denial or revocation of an  applica-
tion,  employment,  license  or  registration. The subject of a criminal
history review conducted pursuant to this section shall be  entitled  to
receive,  upon  written  request,  a copy of the summary of the criminal
history record [provided by the office of children and  family  services

S. 1506                            75                            A. 2006

to  the  child  day  care  provider].    Unauthorized disclosure of such
records or reports shall BE subject [the provider] to civil penalties in
accordance with the provisions of subdivision eleven  of  section  three
hundred ninety of this title.
  (B)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE
CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY  RECORD  CHECK
CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS
SUBDIVISION TO ANY NON-PUBLIC ENTITY.
  10.  A child day care OR ENROLLED LEGALLY-EXEMPT provider shall advise
the office of children and family services when  an  individual  who  is
subject to criminal history record review in accordance with subdivision
one  or  two  of  this  section is no longer subject to such review. The
office of children and family services  shall  inform  the  division  of
criminal  justice services when an individual who is subject to criminal
history review is no longer subject to such review so that the  division
of  criminal  justice  services may terminate its retain processing with
regard to such person. At least once a year, the office of children  and
family  services will be required to conduct a validation of the records
maintained by the division of criminal justice services.
  11. CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS  OF
SECTION  THREE  HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT TO THE
PROVISIONS OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW  YORK
SHALL  REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS OF
ANY FEDERAL LAWS AND REGULATIONS PERTAINING TO THE CHILD  CARE  DEVELOP-
MENT  AND  BLOCK  GRANT  AND THE RELATED FEDERALLY APPROVED PLANS OF THE
STATE OF NEW YORK.
  § 13. Subparagraph (z) of paragraph (A) of subdivision  4  of  section
422  of  the  social services law, as amended by section 11 of part L of
chapter 56 of the laws of 2015, is amended to read as follows:
  (z) an entity with appropriate legal authority  in  another  state  to
license,  certify  or  otherwise  approve  prospective  foster  parents,
prospective  adoptive  parents,  prospective  relative  guardians  [or],
prospective  successor  guardians OR CHILD CARE PROGRAM where disclosure
of information regarding such prospective foster or prospective adoptive
parents or prospective relative or prospective successor  guardians  and
other  persons  over  the  age  of eighteen residing in the home of such
persons [is] OR WHERE CHILD CARE IS PROVIDED, AS required  under  EITHER
title  IV-E of the federal social security act OR THE FEDERAL CHILD CARE
AND DEVELOPMENT BLOCK GRANT ACT (SECTION  NINE  THOUSAND  EIGHT  HUNDRED
FIFTY-EIGHT, ET SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and
  §  14.  Paragraph  (a) of subdivision 1 of section 424-a of the social
services law, as amended by section 12 of part L of chapter  56  of  the
laws of 2015, is amended to read as follows:
  (a)  A  licensing  agency  shall inquire of the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES and the [department] OFFICE shall,  subject
to  the  provisions  of  paragraph  (e) of this subdivision, inform such
agency and the subject of the inquiry whether an applicant for a certif-
icate, license, ENROLLMENT or permit, [assistants to group] OR TO BECOME
AN EMPLOYEE OR VOLUNTEER WITH THE  POTENTIAL  FOR  UNSUPERVISED  CONTACT
WITH  CHILDREN  IN  CARE OF A family day care [providers] PROVIDER OR AN
ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN  SUBDIVISION
ONE-A  OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE the director of
a camp subject to the provisions of article  thirteen-B  of  the  public
health  law,  a  prospective  successor  guardian  when  a  clearance is
conducted pursuant to paragraph (d) of subdivision two of  section  four
hundred  fifty-eight-b  of  this article, and any person over the age of

S. 1506                            76                            A. 2006

eighteen who resides in the home of a person who has applied  to  become
an  adoptive  parent  or a foster parent or to operate a family day care
home or group family day care home or any person over the age  of  eigh-
teen  residing  in  the  home of a prospective successor guardian when a
clearance is conducted of a prospective successor guardian  pursuant  to
this  paragraph, OR ANY PERSON AGE EIGHTEEN OR OLDER THAT RESIDES ON THE
PREMISES OF WHERE CHILD CARE IS PROVIDED IN A SETTING THAT  IS  NOT  THE
CHILD'S  OWN HOME BY AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B  OF  THIS
ARTICLE has been or is currently the subject of an indicated child abuse
and  maltreatment  report on file with the statewide central register of
child abuse and maltreatment.
  § 15. Subdivision 4 of section 424-a of the social  services  law,  as
amended  by  section  14 of part L of chapter 56 of the laws of 2015, is
amended to read as follows:
  4. For purposes of this section, the  term  "licensing  agency"  shall
mean an authorized agency which has received an application to become an
adoptive  parent  or an authorized agency which has received an applica-
tion for a certificate or license to receive, board or  keep  any  child
pursuant to the provisions of section three hundred seventy-six or three
hundred  seventy-seven of this article or an authorized agency which has
received an application from a relative  within  the  second  degree  or
third  degree  of  consanguinity  of the parent of a child or a relative
within the second degree or third degree of consanguinity of  the  step-
parent  of  a  child  or  children,  or  the  child's legal guardian for
approval to receive, board or keep such child, or an  authorized  agency
that  conducts  a clearance pursuant to paragraph (d) of subdivision two
of section four hundred fifty-eight-b of this article,  or  a  state  or
local governmental agency which receives an application to provide child
day  care  services  in  a  child day care center, school-age child care
program, family day care home or group family day care home OR  ENROLLED
LEGALLY-EXEMPT  PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF
SECTION  THREE  HUNDRED  NINETY-B  OF  THIS  ARTICLE  pursuant  to   the
provisions  of  section  three  hundred  ninety  of this article, or the
department of health and mental hygiene of the city of  New  York,  when
such department receives an application for a certificate of approval to
provide  child  day care services in a child day care center pursuant to
the provisions of the health code of the city of New York, or the office
of mental health or the office for people with  developmental  disabili-
ties  when  such office receives an application for an operating certif-
icate pursuant to the provisions of the mental hygiene law to operate  a
family care home, or a state or local governmental official who receives
an  application  for  a permit to operate a camp which is subject to the
provisions of article thirteen-B of the public health law or the  office
of  children and family services which has received an application for a
certificate to receive, board or keep any child at a foster family  home
pursuant  to  articles nineteen-G and nineteen-H of the executive law or
any other facility or provider agency, as defined in subdivision four of
section four hundred eighty-eight of this  chapter,  in  regard  to  any
licensing  or  certification  function  carried  out by such facility or
agency.
  § 16. 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 remained thereof, but shall by
confined in its operation to the clause, sentence,  paragraph,  subdivi-

S. 1506                            77                            A. 2006

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 be included
herein.
  § 17. This act shall take effect immediately; provided,  however  that
sections  one, two, eight, nine, ten, eleven, twelve, thirteen, fourteen
and fifteen of this  act  shall  take  effect  September  1,  2019;  and
provided,  further  that  sections three, four, five and six of this act
shall take effect September 30, 2019; and provided,  further,  that  the
office  of  children and family services is authorized to promulgate any
rules or regulations necessary for the implementation of this act on its
effective date.

                                 PART I

  Section 1. Subdivision 1 of section 378-a of the social services  law,
as  amended  by  chapter  83  of the laws of 2013, is amended to read as
follows:
  1. (A) Every authorized agency which operates  a  residential  program
for  children licensed or certified by the office of children and family
services, and the office of children and family services in relation  to
any juvenile justice program it operates, shall request that the justice
center  for  the protection of people with special needs check, and upon
such request, such justice center shall request and shall be  authorized
to receive from the division of criminal justice services and the feder-
al  bureau of investigation 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 operator,
employee or volunteer of such a residential program who will have  regu-
lar  and  substantial unsupervised or unrestricted physical contact with
children in such program.
  (B) EVERY AUTHORIZED AGENCY THAT OPERATES A  RESIDENTIAL  PROGRAM  FOR
FOSTER  CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL  REQUEST  THAT  THE  JUSTICE  CENTER  FOR  THE
PROTECTION  OF  PEOPLE  WITH SPECIAL NEEDS CHECK, AND UPON SUCH REQUEST,
SUCH JUSTICE CENTER SHALL REQUEST AND SHALL  BE  AUTHORIZED  TO  RECEIVE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF
INVESTIGATION CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN
PARAGRAPH  (C)  OF  SUBDIVISION  ONE OF THE SECTION EIGHT HUNDRED FORTY-
FIVE-B OF THE EXECUTIVE LAW, FOR EVERY:
  (I) PROSPECTIVE EMPLOYEE OF SUCH PROGRAM THAT IS NOT ALREADY  REQUIRED
TO BE CLEARED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR
TO  APRIL  FIRST,  TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE
DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY PERSON  WHO
IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY
HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION IN CONNECTION TO SUCH
EMPLOYMENT.
  (C)  For  the  purposes  of this section, "operator" shall include any
natural person with an ownership interest in the authorized agency.
  (D) Access to and the use of [such] information OBTAINED  PURSUANT  TO
THIS  SUBDIVISION  shall  be governed by the provisions of section eight
hundred forty-five-b of the executive law.

S. 1506                            78                            A. 2006

  § 2. Paragraph A of  subdivision  4  of  section  422  of  the  social
services  law,  is  amended by adding a new subparagraph (bb) to read as
follows:
  (BB)  AN  ENTITY  WITH APPROPRIATE LEGAL AUTHORITY IN ANOTHER STATE TO
LICENSE, CERTIFY OR OTHERWISE APPROVE RESIDENTIAL  PROGRAMS  FOR  FOSTER
CHILDREN  WHERE  DISCLOSURE  OF INFORMATION REGARDING ANY PROSPECTIVE OR
CURRENT EMPLOYEE OF SUCH PROGRAM IS  REQUIRED  BY  PARAGRAPH  TWENTY  OF
SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO OF
THE UNITED STATES CODE.
  §  3.  Subparagraph  (i)  of paragraph (b) of subdivision 1 of section
424-a of the social services law, as amended by section 8-a of part D of
chapter 501 of the laws of 2012, is amended to read as follows:
  (i) (A) Subject  to  the  provisions  of  subdivision  seven  of  this
section,  a  provider  agency shall inquire of the office and the office
shall, subject to the provisions of paragraph (e) of  this  subdivision,
inform such agency and the subject of the inquiry whether any person who
is actively being considered for employment and who will have the poten-
tial  for regular and substantial contact with individuals who are cared
for by the agency, is the  subject  of  an  indicated  child  abuse  and
maltreatment report on file with the statewide central register of child
abuse  and maltreatment prior to permitting such person to have unsuper-
vised contact with such individuals. Such  agency  may  inquire  of  the
office  and  the  office shall inform such agency and the subject of the
inquiry whether any person who is currently employed  and  who  has  the
potential  for  regular and substantial contact with individuals who are
cared for by such agency is the subject of an indicated child abuse  and
maltreatment report on file with the statewide central register of child
abuse  and  maltreatment.  A  provider  agency shall also inquire of the
office and the office shall inform such agency and the  subject  of  the
inquiry  whether  any  person  who  is employed by an individual, corpo-
ration, partnership or association which provides goods or  services  to
such  agency  who  has the potential for regular and substantial contact
with individuals who are cared for by the agency, is the subject  of  an
indicated child abuse and maltreatment report on file with the statewide
central  register  of  child  abuse and maltreatment prior to permitting
such  person  to  have  unsupervised  contact  with  such   individuals.
Inquiries made to the office pursuant to this subparagraph by a provider
agency on current employees shall be made no more often than once in any
six month period.
  (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, WHERE THE PROVID-
ER  AGENCY  IS  AN AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM
FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES SUCH AGENCY SHALL INQUIRE OF THE OFFICE AND THE
OFFICE SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS  SUBDI-
VISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER:
  (I) ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT IN SUCH
PROGRAM WHO IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO CLAUSE (A)
OF  THIS  SUBPARAGRAPH  IS  THE  SUBJECT OF AN INDICATED CHILD ABUSE AND
MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD
ABUSE AND MALTREATMENT; AND
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR
TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE  WITH  A  SCHEDULE
DEVELOPED  BY  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, WHETHER ANY
PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT
PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO  THIS  SUBPARAGRAPH  IN
CONNECTION TO SUCH EMPLOYMENT IS THE SUBJECT OF AN INDICATED CHILD ABUSE

S. 1506                            79                            A. 2006

AND  MALTREATMENT  REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF
CHILD ABUSE AND MALTREATMENT.
  § 4. This act shall take effect July 1, 2019.

                                 PART J

  Section  1.  The section heading and the opening paragraph of subdivi-
sion 1 of section 131-u of the social services law, as amended by  chap-
ter 169 of the laws of 1994, is amended to read as follows:
  Domestic violence services [to eligible persons].
  Notwithstanding  any  inconsistent provision of law, a social services
district shall, in accordance with the provisions of  this  section  and
regulations  of  the department, offer and provide emergency shelter and
services at a residential program for victims of domestic  violence,  as
defined  in article six-A of this chapter, to the extent that such shel-
ter and services are necessary and available to  a  victim  of  domestic
violence,  as  defined  in article six-A of this chapter, and in need of
emergency shelter and services, who was residing in the social  services
district at the time of the alleged domestic violence [and who:].
  §  2.  Paragraphs (a) and (b) of subdivision 1 of section 131-u of the
social services law are REPEALED.
  § 3. Subdivision 2 of section 131-u of the  social  services  law,  as
amended  by  chapter  169  of  the  laws  of 1994, is amended to read as
follows:
  2. The department [shall]  MAY  annually  establish,  subject  to  the
approval  of  the  director of the budget, a daily rate of reimbursement
for each residential  program  for  victims  of  domestic  violence,  as
defined  in  article  six-A of this chapter, certified by the department
which provides emergency shelter and services to  persons  eligible  for
such  emergency shelter and services pursuant to this section.  A social
services district financially  responsible  for  a  victim  of  domestic
violence  shall  reimburse a residential program for victims of domestic
violence for the costs of emergency shelter  and  services  provided  to
such  victim  at the daily reimbursement rate established by the depart-
ment reduced by [the sum of all fees which such victim is  able  to  pay
toward  the  costs of such shelter and services as determined in accord-
ance with the public assistance budgeting rules set forth in  the  regu-
lations  of the department and by] any [third party] OTHER reimbursement
available for such costs.
  § 4. Section 459-f of the social services law, as amended  by  chapter
169 of the laws of 1994, is amended to read as follows:
  § 459-f. [Fees] PAYMENT for services. [Any program defined in subdivi-
sion  four  of  section  four  hundred  fifty-nine-a of this article may
charge a service fee to a victim of domestic violence who is able to pay
all or part of the costs of the emergency shelter and services  provided
to  the victim.] Payments by a social services district to a residential
program for victims of domestic violence  for  the  costs  of  emergency
shelter  and  services  provided to a victim of domestic violence at the
daily reimbursement rate determined by the department in accordance with
section one hundred thirty-one-u of this chapter shall be reduced by the
sum of [all fees which such victim is able to pay toward  the  costs  of
such  shelter  and  services as determined in accordance with the public
assistance budgeting rules set forth in the regulations of  the  depart-
ment  and  by]  any [third party] OTHER reimbursement available for such
costs.
  § 5. This act shall take effect April 1, 2019.

S. 1506                            80                            A. 2006

                                 PART K

  Section  1. 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 chap-
ter 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  subdivi-
sions  (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
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

S. 1506                            81                            A. 2006

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.
  § 2. The part heading of part 2 of article 7 of the family  court  act
is amended to read as follows:
                         CUSTODY [AND DETENTION]
  § 3. 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
educational setting of such person and the proximity of such setting  to
the location of the detention setting.

S. 1506                            82                            A. 2006

  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.]
  § 4. Section 727 of the family court act is REPEALED.
  §  5.  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
seven hundred twenty-four (b)]  PARAGRAPH  (i)  OF  SUBDIVISION  (B)  OF
SECTION SEVEN HUNDRED TWENTY-FOUR OF THIS ARTICLE.
  [(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. 1506                            83                            A. 2006

  (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.]
  § 6. Section 729 of the family court act is REPEALED.
  §  7.  Subdivisions (b), paragraph (i) of subdivision (d) and subdivi-
sion (f) of section 735 of the family  court  act,  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 (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; 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 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

S. 1506                            84                            A. 2006

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.
  § 8. 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].
  § 9. 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-

S. 1506                            85                            A. 2006

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.
  § 10. Section 747 of the family court act is REPEALED.
  § 11. Section 748 of the family court act is REPEALED.
  §  12.  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.
  § 13. 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.]
  §  14.  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 OF THIS PART, the court may place the child in its  own  home
or  in  the  custody  of  a  suitable relative or other suitable private
person [or a commissioner of social services], subject to the orders  of
the court.
  (ii)  [Where the child is placed] IF THE COURT FINDS THAT THE RESPOND-
ENT IS A SEXUALLY EXPLOITED CHILD  AS  DEFINED  IN  SUBDIVISION  ONE  OF

S. 1506                            86                            A. 2006

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 OF  THIS
PART; 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 OF THIS PART in conjunction with an order of
placement.  For the purposes of calculating the initial period of place-
ment, 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.]
  § 15. 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

S. 1506                            87                            A. 2006

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.
  §  16.  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 OF THIS PART, the court may  proceed
under sections seven hundred thirty-seven, seven hundred thirty-eight or
seven  hundred  thirty-nine OF THIS ARTICLE 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.
  § 17. 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

S. 1506                            88                            A. 2006

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

S. 1506                            89                            A. 2006

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.
  §  18.  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

S. 1506                            90                            A. 2006

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] PARA-
GRAPH.
  § 18-a. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
409-a of the social services law, as amended by chapter 87 of  the  laws
of 1993, is amended to read as follows:
  [(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 according to standards
promulgated pursuant to section three  hundred  ninety-eight-b  of  this
chapter 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 [clause (ii) of] this para-
graph.
  § 19. Subdivision 3 of section 502 of the executive law, as amended by
section  79 of part WWW of chapter 59 of the laws of 2017, is 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, youthful offender or
adolescent 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, youthful offender or adolescent 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, youthful offenders or adolescent offenders
who have not attained their eighteenth or, commencing October first, two
thousand eighteen, their  twenty-first  birthday  shall  be  subject  to
detention  in  a detention facility. Commencing October first, two thou-

S. 1506                            91                            A. 2006

sand eighteen, a youth who on or after such date  committed  an  offense
when  the  youth  was sixteen years of age; or commencing October first,
two thousand nineteen, a youth who committed an offense on or after such
date when the youth was seventeen years of age held pursuant to a secur-
ing  order  of a criminal court if the youth is charged as an adolescent
offender or held pending a hearing for alleged violation of  the  condi-
tion  of parole as an adolescent offender, must be held in a specialized
secure juvenile detention facility for  older  youth  certified  by  the
state  office  of  children  and family services in conjunction with the
state commission of correction.
  § 20. Subdivision 1,  the  opening  paragraph  of  subdivision  2  and
subparagraph  (i)  of paragraph (a) of subdivision 3 of section 529-b of
the executive law, as amended by section 99 of part WWW of chapter 59 of
the laws of 2017, 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, youthful offenders or
adolescent offenders from placement in detention or in residential  care
shall be subject to state reimbursement under the supervision and treat-
ment  services  for juveniles program for up to sixty-two percent of the
municipality's expenditures, subject  to  available  appropriations  and
exclusive  of any federal funds made available for such purposes, not to
exceed the municipality's distribution under the supervision and  treat-
ment services for juveniles program.
  (b)  The  state  funds  appropriated for the supervision and treatment
services for juveniles program shall be distributed to eligible  munici-
palities  by  the office of children and family services based on a plan
developed by  the  office  which  may  consider  historical  information
regarding  the  number  of youth seen at probation intake for an alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE  OF
THE  FAMILY  COURT  ACT,  the number of youth remanded to detention, the
number of juvenile delinquents placed with the  office,  the  number  of
juvenile  delinquents  [and  persons  in  need of supervision] placed in
residential care with the municipality, the municipality's reduction  in
the  use  of  detention and residential placements, and other factors as
determined by the office. Such plan developed by  the  office  shall  be
subject  to  the  approval  of the director of the budget. The office is
authorized, in its discretion, to make advance distributions to a  muni-
cipality in anticipation of state reimbursement.
  As  used in this section, the term "municipality" shall mean a county,
or a city having a population of one million or more,  and  "supervision
and   treatment  services  for  juveniles"  shall  mean  community-based
services or programs designed to safely maintain youth in the  community
pending  a  family court disposition or conviction in criminal court and
services or programs provided to youth adjudicated  as  juvenile  delin-
quents [or persons in need of supervision], or youth alleged to be juve-
nile  offenders,  youthful  offenders or adolescent 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 ALLEGED TO BE ADJUDICATED PERSONS IN NEED  OF
SUPERVISION  TO PREVENT SUCH YOUTH FROM FURTHER INVOLVEMENT IN THE JUVE-
NILE OR CRIMINAL JUSTICE SYSTEMS. Supervision and treatment services for
juveniles may include but are not limited to services or programs that:

S. 1506                            92                            A. 2006

  (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;
  §  21.  The  opening  paragraph  and  paragraph  (a) of subdivision 2,
subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of  subdivision
5,  and  subdivision  7 of section 530 of the executive law, the opening
paragraph and paragraph (a) of subdivision 2 and subparagraphs 1  and  4
of  paragraph  (a)  and  paragraph  (b)  of  subdivision 5 as amended by
section 100 of part WWW of chapter 59 of the laws of 2017  and  subdivi-
sion  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 made by municipalities in providing care, maintenance and
supervision to youth in  detention  facilities  designated  pursuant  to
[sections  seven  hundred  twenty and] section 305.2 of the family court
act and certified by 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,  youthful  offenders  and  adolescent  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 PEND-
ING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTI-
FIED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  CERTIFIED  OR
APPROVED  FOSTER  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 expenditures, 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 imple-
ment the use of  detention  risk  assessment  instruments  in  a  manner
prescribed  by  the office so as to inform detention decisions. Notwith-
standing any other provision of state law to the contrary,  data  neces-
sary  for  completion  of  a detention risk assessment instrument may be
shared among law enforcement, probation, courts,  detention  administra-
tors, 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.
  (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]
SECTION  305.2  of  the  family  court act by the office of children and

S. 1506                            93                            A. 2006

family services, pending adjudication of alleged delinquency [or alleged
need of supervision] by the family court, or pending transfer to  insti-
tutions  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  prin-
cipal is under seventeen years of age; 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]
SECTION  305.2 of the family court act, in order to assure that adequate
accommodations will be available for the immediate reception and  proper
care  therein of youth for which detention costs are reimbursable pursu-
ant to paragraph (a) of this subdivision, shall be reimbursed as expend-
itures for care, maintenance and supervision  under  the  provisions  of
this  section,  provided  the office shall have given its prior approval
for reserving such accommodations.
  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  electron-
ically. 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 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 compi-
lation of all the separate reports to the governor and the legislature.
  § 22. Subdivision 8 of section 530 of the executive law is REPEALED.
  § 23. 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.
  § 24. 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; provided, however, that:

S. 1506                            94                            A. 2006

  (a)  the  amendments  to  subdivision 3-a of section 398 of the social
services law made by section seventeen of this act shall not affect  the
repeal of such subdivision and shall be deemed repealed therewith; and
  (b)  the  amendments to subparagraph (ii) of paragraph (a) of subdivi-
sion 1 of section 409-a of the social services law made by section eigh-
teen of this act shall be subject to the  expiration  and  reversion  of
such  subparagraph pursuant to section 28 of part C of chapter 83 of the
laws of 2002, as amended, when upon such date the provisions of  section
eighteen-a of this act shall take effect.

                                 PART L

  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  YY  of  chapter  59  of  the  laws of 2018, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$144.00] $148.00 for each month beginning on or after
January first, two thousand [eighteen] NINETEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$166.00] $171.00 for each month  beginning  on
or after January first, two thousand [eighteen] NINETEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$198.00]  $204.00  for  each  month
beginning on or after January first, two thousand [eighteen] NINETEEN.
  (d)  for  the period commencing January first, two thousand [nineteen]
TWENTY, 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 [nineteen] TWENTY, but prior to June  thirtieth,  two  thousand
[nineteen] TWENTY, rounded to the nearest whole dollar.
  §  2.  Paragraph  (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
YY of chapter 59 of the laws of 2018, are amended to read as follows:
  (a)  On and after January first, two thousand [eighteen] NINETEEN, for
an eligible individual living  alone,  [$837.00]  $858.00;  and  for  an
eligible couple living alone, [$1,229.00] $1,261.00.
  (b)  On and after January first, two thousand [eighteen] NINETEEN, for
an eligible individual  living  with  others  with  or  without  in-kind
income, [$773.00] $794.00; and for an eligible couple living with others
with or without in-kind income, [$1,171.00] $1,203.00.
  (c)  On and after January first, two thousand [eighteen] NINETEEN, (i)
for an eligible individual receiving family care, [$1,016.48]  $1,037.48
if he or she is receiving such care in the city of New York or the coun-
ty 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,  [$978.48]
$999.48;  and  (iv)  for  an  eligible couple receiving such care in any

S. 1506                            95                            A. 2006

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 [eighteen] NINETEEN, (i)
for an  eligible  individual  receiving  residential  care,  [$1,185.00]
$1,206.00 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, [$1,155.00] $1,176.00; 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 [eighteen]  NINETEEN,
for   an   eligible  individual  receiving  enhanced  residential  care,
[$1,444.00]  $1,465.00;  and  (ii)  for  an  eligible  couple  receiving
enhanced  residential  care,  two times the amount set forth in subpara-
graph (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 [nineteen] TWENTY  but
prior to June thirtieth, two thousand [nineteen] TWENTY.
  § 3. This act shall take effect December 31, 2019.

                                 PART M

  Section  1.  This Part enacts into law major components of legislation
which are necessary to improve the foster care system. Each component is
wholly contained within a Subpart identified as Subparts  A  through  B.
The  effective  date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any  provision
in  any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act," when
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. The social services law is amended by adding a new section
462-c to read as follows:
  § 462-C. APPOINTMENT OF A TEMPORARY OPERATOR OF A FOSTER CARE PROGRAM.
1. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HAVE  THE  AUTHORITY
TO APPOINT A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OR HIS OR
HER DESIGNEE.
  (B) "OFFICE" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  (C) "FOSTER CARE AGENCY" SHALL MEAN AN AUTHORIZED AGENCY AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS CHAPTER THAT OPERATES ONE OR MORE FOSTER CARE PROGRAMS.
  (D) "ESTABLISHED OPERATOR" SHALL MEAN A FOSTER CARE AGENCY.
  (E)  "TEMPORARY  OPERATOR" SHALL MEAN ANY FOSTER CARE AGENCY APPOINTED
BY THE COMMISSIONER THAT:

S. 1506                            96                            A. 2006

  (I) AGREES TO PROVIDE FOSTER CARE ON A TEMPORARY  BASIS  IN  THE  BEST
INTERESTS OF THE FOSTER CARE YOUTH SERVED BY THE ESTABLISHED OPERATOR;
  (II)  HAS  A HISTORY OF RECENT COMPLIANCE WITH APPLICABLE LAWS, RULES,
AND REGULATIONS AND A RECORD OF PROVIDING FOSTER CARE OF  GOOD  QUALITY,
AS DETERMINED BY THE COMMISSIONER; AND
  (III)  PRIOR  TO  APPOINTMENT  AS  TEMPORARY OPERATOR, DEVELOPS A PLAN
DETERMINED TO BE SATISFACTORY BY THE COMMISSIONER TO ADDRESS THE  ESTAB-
LISHED OPERATOR'S DEFICIENCIES.
  (F)  "LOCAL  SOCIAL  SERVICES DISTRICT" SHALL INCLUDE ANY LOCAL SOCIAL
SERVICES DISTRICT WITH CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF A
FOSTER CARE YOUTH PLACED WITH  THE  ESTABLISHED  OPERATOR  THAT  MAY  BE
SUBJECT  TO  THE  APPOINTMENT  OF  A TEMPORARY OPERATOR PURSUANT TO THIS
SECTION, AS WELL  AS THE LOCAL SOCIAL SERVICES DISTRICT WHERE THE ESTAB-
LISHED OPERATOR IS LOCATED.
  3. (A) (I) A TEMPORARY OPERATOR MAY ONLY BE APPOINTED AFTER THE ESTAB-
LISHED OPERATOR HAS BEEN PROVIDED NOTICE OF ALLEGED VIOLATIONS  AND  THE
ABILITY TO CURE SUCH VIOLATIONS.
  (II)  THE LOCAL SOCIAL SERVICES DISTRICT SHALL ALSO BE NOTIFIED OF THE
ALLEGED VIOLATIONS PRIOR TO THE APPOINTMENT OF A TEMPORARY OPERATOR.
  (III) IF THE ESTABLISHED OPERATOR FAILS TO CURE SUCH VIOLATIONS  IN  A
TIMELY MANNER, A TEMPORARY OPERATOR MAY BE APPOINTED:
  (A)  WHERE  THE  ESTABLISHED OPERATOR IS UNABLE OR UNWILLING TO ENSURE
THE PROPER OPERATION  OF THE FOSTER CARE PROGRAM AND THERE EXIST  CONDI-
TIONS  THAT  HAVE  THE POTENTIAL TO SERIOUSLY ENDANGER OR JEOPARDIZE THE
HEALTH, SAFETY, OR WELFARE OF FOSTER CARE YOUTH; OR
  (B) WHEN NECESSARY TO PROTECT THE HEALTH, SAFETY OR WELFARE  OF  YOUTH
SERVED BY THE ESTABLISHED PROGRAM.
  (IV)  IF  THE COMMISSIONER DETERMINES TO APPOINT A TEMPORARY OPERATOR,
THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED  OPERATOR  AND  THE  LOCAL
SOCIAL  SERVICES DISTRICT OF HIS OR HER INTENTION TO APPOINT A TEMPORARY
OPERATOR TO ASSUME SOLE RESPONSIBILITY FOR  THE  ESTABLISHED  OPERATOR'S
OPERATIONS FOR A LIMITED PERIOD OF TIME.
  (V)  THE  APPOINTMENT  OF  A  TEMPORARY  OPERATOR SHALL BE EFFECTUATED
PURSUANT TO THIS SECTION, AND SHALL BE IN ADDITION TO ANY OTHER REMEDIES
PROVIDED BY LAW.
  (B) THE ESTABLISHED OPERATOR MAY AT ANY TIME REQUEST THE  COMMISSIONER
TO  APPOINT  A  TEMPORARY  OPERATOR.  UPON RECEIVING SUCH A REQUEST, THE
COMMISSIONER MAY, IF HE OR SHE DETERMINES THAT SUCH AN ACTION IS  NECES-
SARY,  ENTER  INTO  AN  AGREEMENT WITH THE ESTABLISHED  OPERATOR FOR THE
APPOINTMENT OF A TEMPORARY OPERATOR TO RESTORE OR MAINTAIN THE PROVISION
OF SERVICES TO  CHILDREN  AND  FAMILIES  PROVIDED  IN  THE  FOSTER  CARE
PROGRAM,  UNTIL  THE ESTABLISHED   OPERATOR CAN RESUME OPERATIONS WITHIN
THE DESIGNATED TIME PERIOD OR OTHER ACTION IS TAKEN TO  SUSPEND, REVOKE,
OR LIMIT THE AUTHORITY OF THE ESTABLISHED OPERATOR.
  4. (A) A TEMPORARY OPERATOR APPOINTED PURSUANT TO THIS  SECTION  SHALL
USE HIS OR HER BEST EFFORTS TO IMPLEMENT THE PLAN DEEMED SATISFACTORY BY
THE  COMMISSIONER TO CORRECT OR ELIMINATE ANY CONCERNS REGARDING HEALTH,
SAFETY OR WELFARE OF THE ESTABLISHED OPERATOR, AND PROMOTE  THE  QUALITY
AND  ACCESSIBILITY  OF  SERVICES  PROVIDED  TO FOSTER CHILDREN AND THEIR
FAMILIES IN THE APPLICABLE FOSTER CARE PROGRAM.
  (B) DURING THE TERM OF APPOINTMENT, THE TEMPORARY OPERATOR SHALL  HAVE
THE  AUTHORITY TO DIRECT THE STAFF OF THE ESTABLISHED OPERATOR AS NECES-
SARY TO APPROPRIATELY PROVIDE CARE FOR FOSTER CARE YOUTH  IN  ACCORDANCE
WITH  THE  PLAN  APPROVED  BY  THE  COMMISSIONER. THE TEMPORARY OPERATOR
SHALL, DURING THIS PERIOD, PROVIDE  PROGRAMS  AND  SERVICES  FOR  FOSTER
YOUTH IN SUCH A MANNER AS TO  PROMOTE THE HEALTH, SAFETY, AND WELFARE OF

S. 1506                            97                            A. 2006

THE YOUTH BY THE ESTABLISHED OPERATOR UNTIL EITHER THE ESTABLISHED OPER-
ATOR  CAN RESUME OPERATIONS OR UNTIL THE OFFICE REVOKES THE AUTHORITY OF
THE ESTABLISHED OPERATOR TO OPERATE A FOSTER CARE PROGRAM.
  (C) THE ESTABLISHED OPERATOR SHALL GRANT THE TEMPORARY OPERATOR ACCESS
TO  THE  ESTABLISHED OPERATOR'S ACCOUNTS AND RECORDS IN ORDER TO ADDRESS
ANY SERIOUS HEALTH, SAFETY OR WELFARE DEFICIENCIES. THE TEMPORARY OPERA-
TOR SHALL APPROVE ANY DECISION RELATED TO AN ESTABLISHED  PROVIDER'S DAY
TO DAY OPERATIONS OR  THE  ESTABLISHED  PROVIDER'S  ABILITY  TO  PROVIDE
PROGRAMS AND  SERVICES FOR FOSTER YOUTH.
  (D)  THE TEMPORARY OPERATOR SHALL NOT BE REQUIRED TO FILE ANY BOND. NO
SECURITY INTEREST IN ANY REAL OR PERSONAL PROPERTY COMPRISING THE ESTAB-
LISHED OPERATOR, CONTAINED WITHIN THE ESTABLISHED OPERATOR,  OR  IN  ANY
FIXTURE  OF THE BUILDING OR BUILDINGS OWNED BY THE ESTABLISHED OPERATOR,
SHALL BE IMPAIRED OR DIMINISHED IN PRIORITY BY THE  TEMPORARY  OPERATOR.
NEITHER THE TEMPORARY OPERATOR NOR THE OFFICE SHALL ENGAGE IN ANY ACTIV-
ITY THAT CONSTITUTES A CONFISCATION OF PROPERTY.
  5.  COSTS  ASSOCIATED  WITH  THE TEMPORARY OPERATOR, INCLUDING COMPEN-
SATION, SHALL BE BORNE   BY THE  ESTABLISHED  OPERATOR  AND  FOLLOW  THE
FINANCING  STRUCTURE  ESTABLISHED IN ACCORDANCE WITH SECTION ONE HUNDRED
FIFTY-THREE-K OF THIS CHAPTER AS MODIFIED BY THE CURRENT AID TO  LOCALI-
TIES  PROVISIONS  FOR  THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN
THE DEPARTMENT OF FAMILY ASSISTANCE. THE  TEMPORARY  OPERATOR  SHALL  BE
LIABLE  IN  ITS CAPACITY AS TEMPORARY OPERATOR FOR INJURY TO PERSONS AND
PROPERTY BY REASON OF ITS OPERATION OF SUCH BUILDING; NO LIABILITY SHALL
INCUR IN THE TEMPORARY  OPERATOR'S PERSONAL CAPACITY, EXCEPT  FOR  GROSS
NEGLIGENCE AND INTENTIONAL ACTS.
  6.  (A)  THE INITIAL TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR
SHALL NOT EXCEED NINETY DAYS. AFTER NINETY  DAYS,  IF  THE  COMMISSIONER
DETERMINES  THAT  TERMINATION  OF  THE  TEMPORARY  OPERATOR  WOULD CAUSE
SIGNIFICANT DETERIORATION OF THE QUALITY OF THE FOSTER CARE PROGRAM  RUN
BY  THE  ESTABLISHED  OPERATOR  OR  THAT  REAPPOINTMENT  IS NECESSARY TO
CORRECT THE DEFICIENCIES THAT REQUIRED  THE APPOINTMENT OF THE TEMPORARY
OPERATOR, THE COMMISSIONER MAY AUTHORIZE ADDITIONAL NINETY DAY TERMS.
  (B) WITHIN FOURTEEN DAYS PRIOR TO THE TERMINATION OF EACH TERM OF  THE
APPOINTMENT  OF  THE  TEMPORARY  OPERATOR,  THE TEMPORARY OPERATOR SHALL
SUBMIT TO THE COMMISSIONER, TO THE LOCAL SOCIAL SERVICES  DISTRICT,  AND
TO THE ESTABLISHED OPERATOR A REPORT DESCRIBING:
  (I) THE ACTIONS TAKEN DURING THE APPOINTMENT TO ADDRESS THE IDENTIFIED
DEFICIENCIES,  THE RESUMPTION OF OPERATIONS BY THE ESTABLISHED OPERATOR,
OR THE REVOCATION OF AUTHORITY TO OPERATE A FOSTER CARE PROGRAM;
  (II) OBJECTIVES FOR THE CONTINUATION OF THE TEMPORARY OPERATORSHIP  IF
NECESSARY AND A SCHEDULE FOR SATISFACTION OF SUCH OBJECTIVES; AND
  (III) IF APPLICABLE, THE RECOMMENDED ACTIONS FOR THE ONGOING PROVISION
OF FOSTER CARE AFTER THE TEMPORARY OPERATORSHIP IS COMPLETE.
  (C)  THE  TERM  OF THE INITIAL APPOINTMENT AND OF ANY SUBSEQUENT REAP-
POINTMENT OF A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION MAY BE
TERMINATED PRIOR TO THE EXPIRATION OF THE DESIGNATED TERM, IF THE ESTAB-
LISHED OPERATOR AND THE COMMISSIONER AGREE ON A PLAN OF  CORRECTION  AND
THE IMPLEMENTATION OF SUCH PLAN.
  7.  (A)  THE  COMMISSIONER  SHALL,  UPON  MAKING A DETERMINATION OF AN
INTENTION TO APPOINT A   TEMPORARY OPERATOR PURSUANT  TO  THIS  SECTION,
CAUSE  THE  ESTABLISHED OPERATOR AND THE LOCAL SOCIAL  SERVICES DISTRICT
TO BE  NOTIFIED  OF  THE  INTENTION  BY  REGISTERED  OR  CERTIFIED  MAIL
ADDRESSED  TO THE   PRINCIPAL OFFICE OF THE ESTABLISHED OPERATOR AND THE
LOCAL SOCIAL SERVICES DISTRICT.  SUCH  NOTIFICATION    SHALL  INCLUDE  A
DETAILED DESCRIPTION OF THE FINDINGS UNDERLYING THE INTENTION TO APPOINT

S. 1506                            98                            A. 2006

A  TEMPORARY  OPERATOR, AND THE DATE AND TIME OF A REQUIRED MEETING WITH
THE COMMISSIONER WITHIN TEN BUSINESS    DAYS  OF  THE  RECEIPT  OF  SUCH
NOTICE.  AT SUCH MEETING, THE ESTABLISHED OPERATOR, AND THE COMMISSIONER
SHALL  HAVE THE OPPORTUNITY TO REVIEW AND DISCUSS ALL RELEVANT FINDINGS.
AT SUCH MEETING, THE COMMISSIONER AND  THE  ESTABLISHED  OPERATOR  SHALL
ATTEMPT TO DEVELOP A MUTUALLY SATISFACTORY PLAN OF CORRECTION AND SCHED-
ULE  FOR  IMPLEMENTATION.  IF A MUTUALLY SATISFACTORY PLAN OF CORRECTION
AND SCHEDULE FOR IMPLEMENTATION IS  DEVELOPED,  THE  COMMISSIONER  SHALL
NOTIFY  THE ESTABLISHED OPERATOR THAT THE COMMISSIONER WILL ABSTAIN FROM
APPOINTING A TEMPORARY OPERATOR CONTINGENT UPON THE ESTABLISHED OPERATOR
REMEDIATING THE IDENTIFIED DEFICIENCIES WITHIN THE   AGREED  UPON  TIME-
FRAME.
  (B)  THE  COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTEN-
TION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, CAUSE THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE  ASSEMBLY  TO
RECEIVE APPROPRIATE AND TIMELY NOTIFICATION OF THE INTENTION TO  APPOINT
A  TEMPORARY  OPERATOR. SUCH NOTIFICATION SHALL INCLUDE A DESCRIPTION OF
THE FINDINGS UNDERLYING THE INTENTION TO APPOINT A  TEMPORARY  OPERATOR,
THE  IDENTIFICATION  OF THE TEMPORARY OPERATOR WHEN PRACTICABLE, AND THE
DATE OF EXPECTED TRANSFER OF OPERATIONS. SUCH NOTICE SHALL  BE  MADE  AS
SOON AS PRACTICABLE UNDER THE CIRCUMSTANCES.
  (C)  THE  COMMISSIONER,  AT ANY TIME HE OR SHE DEEMS NECESSARY, AND TO
THE EXTENT PRACTICABLE, SHALL CONSULT AND MAY INVOLVE THE  LOCAL  SOCIAL
SERVICES DISTRICT.
  (D)  SHOULD THE COMMISSIONER AND THE ESTABLISHED OPERATOR BE UNABLE TO
ESTABLISH A PLAN OF CORRECTION PURSUANT TO THIS SUBDIVISION,  OR  SHOULD
THE  ESTABLISHED  OPERATOR FAIL TO RESPOND TO THE COMMISSIONER'S INITIAL
NOTIFICATION, THERE SHALL BE AN ADMINISTRATIVE HEARING  ON  THE  COMMIS-
SIONER'S DETERMINATION TO APPOINT A TEMPORARY OPERATOR TO BEGIN NO LATER
THAN  THIRTY  DAYS FROM THE DATE OF THE NOTICE TO THE ESTABLISHED OPERA-
TOR. ANY SUCH HEARING SHALL BE STRICTLY LIMITED TO THE ISSUE OF  WHETHER
THE DETERMINATION OF THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR IS
SUPPORTED  BY SUBSTANTIAL EVIDENCE. A COPY OF THE DECISION SHALL BE SENT
TO THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT.
  (E) IF THE DECISION TO APPOINT A TEMPORARY  OPERATOR  IS  UPHELD  SUCH
TEMPORARY  OPERATOR  SHALL  BE  APPOINTED  AS SOON AS IS PRACTICABLE AND
SHALL PROVIDE APPROPRIATE CARE AND SERVICES FOR THE   FOSTER CARE  YOUTH
AS WELL AS TAKE ANY NECESSARY ACTIONS PURSUANT TO THE PROVISIONS OF THIS
CHAPTER  OR  THE  REGULATIONS  OF  THE  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES.
  8. NOTWITHSTANDING THE APPOINTMENT OF A TEMPORARY OPERATOR, THE ESTAB-
LISHED OPERATOR SHALL REMAIN OBLIGATED FOR THE  CONTINUED  PROVISION  OF
CARE  AND SERVICES FOR THE FOSTER CARE YOUTH.  NO PROVISION CONTAINED IN
THIS SECTION SHALL BE DEEMED TO RELIEVE THE ESTABLISHED OPERATOR OR  ANY
OTHER  PERSON  OF  ANY CIVIL OR CRIMINAL LIABILITY INCURRED, OR ANY DUTY
IMPOSED BY LAW, BY REASON OF ACTS OR OMISSIONS OF THE ESTABLISHED OPERA-
TOR OR ANY OTHER PERSON PRIOR TO THE APPOINTMENT OF ANY TEMPORARY OPERA-
TOR OF THE BUILDING HEREUNDER; NOR  SHALL  ANYTHING  CONTAINED  IN  THIS
SECTION  BE   CONSTRUED TO SUSPEND DURING THE TERM OF THE APPOINTMENT OF
THE TEMPORARY OPERATOR OF THE   BUILDING ANY OBLIGATION  OF  THE  ESTAB-
LISHED  OPERATOR  OR ANY OTHER PERSON FOR THE MAINTENANCE AND  REPAIR OF
THE BUILDING, PROVISION OF UTILITY SERVICES, PAYMENT OF TAXES  OR  OTHER
OPERATING  AND   MAINTENANCE EXPENSES OF THE BUILDING, NOR OF THE ESTAB-
LISHED OPERATOR OR ANY OTHER PERSON FOR  THE  PAYMENT  OF  MORTGAGES  OR
LIENS.
  § 2. This act shall take effect immediately.

S. 1506                            99                            A. 2006

                                SUBPART B

  Section  1.  Section  4  of  part W of chapter 54 of the laws of 2016,
amending the social services law relating to the powers  and  duties  of
the  commissioner  of  social  services relating to the appointment of a
temporary operator, is amended to read as follows:
  § 4. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and  be  deemed  repealed  March  31,
[2019] 2022.
  § 2. This act shall take effect immediately.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or  subpart  thereof  directly involved in the controversy in which such
judgment shall have been rendered. It  is  hereby  declared  to  be  the
intent  of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
  § 3. This act shall take effect immediately; provided,  however,  that
the  applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART N

  Section 1. Paragraph (n) of subdivision 1 of section 336 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws  of  1997,  is  amended and a new paragraph (o) is added to read as
follows:
  (n) educational activities pursuant to section three  hundred  thirty-
six-a of this title[.];
  (O)  TIME-LIMITED  JOB  TRY-OUTS  AS  WORK EXPERIENCE ASSIGNMENTS WITH
PRIVATE FOR-PROFIT, NON-PROFIT AND PUBLIC SECTOR ENTITIES THAT  LEAD  TO
UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOYMENT.
  §  2.  Subparagraph (iii) of paragraph (e) of subdivision 1 of section
335-b of the social services law, as amended by section 2 of part  J  of
chapter 58 of the laws of 2006, is amended to read as follows:
  (iii)  In  the  case of a two-parent family receiving federally funded
child care assistance and a parent in the  family  is  not  disabled  or
caring  for  a  severely  disabled  child,  the individual and the other
parent in the family are participating in work activities for a total of
at least fifty-five hours per week during  the  month,  not  fewer  than
fifty  hours  of which are attributable to activities described in para-
graphs (a) through (h) [and], (l) AND (O) of subdivision one of  section
three hundred thirty-six of this title.
  §  3.  Subdivision  2  of section 335-b of the social services law, as
amended by chapter 380 of the laws  of  2004,  is  amended  to  read  as
follows:
  2. Engaged in work for a month shall mean participating in work activ-
ities  identified in subdivision one of section three hundred thirty-six
of this title for the required number of hours specified in this section
provided, however, that at least twenty hours of such participation,  or
thirty  hours  for  two-parent  families,  or fifty hours for two-parent
families receiving federally funded child care as set forth in  subpara-
graph  (iii)  of paragraph (d) of subdivision one of this section, shall

S. 1506                            100                           A. 2006

be attributable to the activities described in  paragraphs  (a)  through
(h) [and], (l) AND (O) of subdivision one of section three hundred thir-
ty-six  of  this  title, or for households without dependent children at
least  twenty hours of participation shall be attributable to the activ-
ities set forth in paragraphs (a) through (h)  [and],  (l)  AND  (O)  of
subdivision  one  of section three hundred thirty-six of this title, and
further provided that participation in  job  search  and  job  readiness
assistance  as identified in paragraph (f) of subdivision one of section
three hundred thirty-six of this  title  shall  only  be  determined  as
engaged  in  work  for a maximum period of six weeks, only four of which
may be consecutive as otherwise limited by federal law; and  that  indi-
viduals  in  all  families  and in two parent families may be engaged in
work for a month by reason of participation in  vocational  training  to
the  extent allowed by federal law. Any non-graduate student participat-
ing or approved by CUNY, SUNY or another degree granting institution, or
any other state or local district approved education, training or  voca-
tional rehabilitation agency to participate in work-study, or in intern-
ships,  externships,  or  other  work  placements  that  are part of the
curriculum of that student, shall not be unreasonably denied the ability
to participate in such programs and each  hour  of  participation  shall
count  toward  satisfaction of such student's work activity requirements
of this title provided that  the  district  may  consider,  among  other
factors,  (a)  whether the student has voluntarily terminated his or her
employment or voluntarily reduced his or her  earnings  to  qualify  for
public  assistance  pursuant  to  subdivision ten of section one hundred
thirty-one of this article; (b) whether a comparable job or on  the  job
training  position  can  reasonably be expected to exist in the private,
public or not-for-profit sector; (c) that the student has a cumulative C
average or its equivalent, which may be waived by the district for undue
hardship based on (1) the death of a relative of the  student,  (2)  the
personal  injury  or  illness  of  the student, or (3) other extenuating
circumstances; and (d) whether the institution cooperates in  monitoring
students  attendance  and  performance  and  reports to the local social
services department monthly on each student. Failure of the  institution
to  monitor  and  report  monthly  to local social services districts on
attendance and performance of  the  student's  work  study,  internship,
externship  or other work placement shall be cause for the department to
reasonably deny the student's ability to participate in  such  programs.
Students  shall  be  subject to sanctions equivalent to those associated
with failure to adequately satisfy their other required work activities.
In assigning a non-graduate student participating in work-study, intern-
ships, externships or other work placements, pursuant to  this  section,
to  other  work  activities the district shall make reasonable effort to
assign the student to hours that do  not  conflict  with  the  student's
academic schedule.
  §  4.  Subdivision  1  of  section 336-c of the social services law is
amended by adding a new paragraph (c) to read as follows:
  (C) A SOCIAL SERVICES DISTRICT MAY ALSO  ESTABLISH  TIME-LIMITED,  JOB
TRY-OUT  OPPORTUNITIES  WITH  PRIVATE  FOR-PROFIT,  NON-PROFIT OR PUBLIC
SECTOR ENTITIES LEADING TO UNSUBSIDIZED FULL-TIME OR  PART-TIME  EMPLOY-
MENT.
  §  5.  Subdivision  2  of section 336-c of the social services law, as
amended by section 148 of part B of chapter 436 of the laws of 1997,  is
amended to read as follows:
  2. A recipient may be assigned to participate in [such] A work experi-
ence program only if:

S. 1506                            101                           A. 2006

  (a)  appropriate  federal  and  state  standards of health, safety and
other work conditions are maintained;
  (b)  The  MAXIMUM  number  of  hours  a participant in work experience
activities authorized pursuant to this section shall be required to work
in such assignment shall not exceed [a number] FORTY HOURS IN  ANY  WEEK
AND  SHALL  NOT  EXCEED  THE  NUMBER OF HOURS which equals the amount of
assistance payable with respect to such [individual] INDIVIDUAL'S PUBLIC
ASSISTANCE HOUSEHOLD (inclusive of the value of  [food  stamps]  SUPPLE-
MENTAL  NUTRITION ASSISTANCE PROGRAM BENEFITS received by such [individ-
ual] HOUSEHOLD, if any) divided by the [higher] HIGHEST of [(a)] (I) the
federal minimum wage [provided that such hours shall be limited  as  set
forth  in  subdivision  four of section three hundred thirty-six of this
title,]; or [(b)] (II) the APPLICABLE state minimum wage; OR  (III)  FOR
THOSE  PLACEMENTS  WITH  A FOR-PROFIT ENTITY, THE WAGE NORMALLY PROVIDED
FOR TRAINEES IN SUCH POSITIONS;
  (c) such recipients are provided appropriate workers' compensation  or
equivalent protection for on-the-job injuries and tort claims protection
on  the  same  basis,  but not necessarily at the same benefit level, as
they are provided to other persons in the  same  or  similar  positions,
while participating in work experience activities under this section;
  (d) the project to which the participant is assigned [serves] PURSUANT
TO  PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION MUST SERVE a useful
public purpose in fields such as health, social services,  environmental
protection,  education,  urban  and rural development and redevelopment,
welfare, recreation, operation of public facilities, public safety,  and
child day care;
  (e)  such  assignment  would not result in (i) the displacement of any
currently  employed  worker  or  loss  of  position  (including  partial
displacement  such as reduction in the hours of non-overtime work, wages
or  employment  benefits)  or  result  in  the  impairment  of  existing
contracts  for  services  or  collective bargaining agreements; (ii) THE
LOSS OF EXCLUSIVITY, IF ANY, TO ANY EMPLOYEE ORGANIZATION WITH REGARD TO
THE WORK PERFORMED BY ANY EMPLOYEES AS PART OF A NEGOTIATING UNIT PURSU-
ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW; (III)  the  employment
or  assignment  of  a  participant or the filling of a position when any
other person is on layoff from  the  same  or  any  equivalent  position
CONSISTENT  WITH  ARTICLE  FIVE OF THE CIVIL SERVICE LAW or the employer
has terminated the employment  of  any  regular  employee  or  otherwise
reduced  its workforce with the effect of filling the vacancy so created
with a participant assigned pursuant to this section; [(iii)]  (IV)  any
infringement  of  the  promotional opportunities of any current employed
person WHEN A PARTICIPANT IS  ASSIGNED  PURSUANT  TO  PARAGRAPH  (B)  OF
SUBDIVISION  ONE OF THIS SECTION; [or (iv)] (V) the performance, by such
participant, of a substantial portion of the work ordinarily and actual-
ly performed by regular employees; or [(v)] (VI) the loss of a  bargain-
ing  unit  position as a result of work experience participants perform-
ing, in part or in whole, the work normally performed by the employee in
such position;
  (f) such assignment is not at any  work  site  at  which  the  regular
employees  are  on  a  legal  strike  against  the employer or are being
subjected to lock out by the employer.
  § 6. Section 336-c of the social services law is amended by  adding  a
new subdivision 2-a to read as follows:
  2-A.  JOB  TRY-OUT  PROGRAMS  IN  PRIVATE  FOR-PROFIT, NON-PROFIT, AND
PUBLIC SECTOR ENTITIES LEADING TO UNSUBSIDIZED  FULL-TIME  OR  PART-TIME
EMPLOYMENT.  (A)  SOCIAL  SERVICES  DISTRICTS  MAY ENTER AGREEMENTS WITH

S. 1506                            102                           A. 2006

PRIVATE FOR-PROFIT, NON-PROFIT, OR PUBLIC SECTOR ENTITIES  TO  ESTABLISH
JOB TRY-OUT PROGRAMS WHICH WILL PROVIDE PUBLIC ASSISTANCE RECIPIENTS THE
TRAINING  OPPORTUNITIES TO LEARN THE SKILLS NECESSARY TO PERFORM THE JOB
DUTIES  FOR  AN  ANTICIPATED  JOB  OPENING.  ANY SUCH AGREEMENTS BETWEEN
SOCIAL SERVICES DISTRICTS AND PRIVATE FOR-PROFIT, NON-PROFIT  OR  PUBLIC
SECTOR  ENTITIES  SHALL  PROVIDE THAT PARTICIPANTS WILL BE OFFERED FULL-
TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT FOLLOWING THE END OF  A  NINE-
TY-DAY  JOB  TRY-OUT PERIOD ABSENT DEMONSTRATED REASONABLE CAUSE FOR NOT
HIRING THE PARTICIPANTS. AN ENTITY  WHICH  UNREASONABLY  TERMINATES  THE
NINETY-DAY  JOB  TRY-OUT PERIOD OR FAILS TO OFFER FULL-TIME OR PART-TIME
UNSUBSIDIZED EMPLOYMENT TO A PARTICIPANT WHO SUCCESSFULLY COMPLETES  THE
NINETY-DAY JOB TRY-OUT SHALL BECOME INELIGIBLE TO PARTICIPATE IN THE JOB
TRY-OUT PROGRAM, AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVISION.
  (B)  A PUBLIC ASSISTANCE RECIPIENT MAY BE ASSIGNED TO PARTICIPATE IN A
JOB TRY-OUT PURSUANT TO THIS SUBDIVISION ONLY IF:
  (I) THE PRIVATE FOR-PROFIT, NON-PROFIT, OR PUBLIC  SECTOR  ENTITY  HAS
ENTERED  INTO  AN  AGREEMENT WITH A SOCIAL SERVICES DISTRICT PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION;
  (II) THERE IS NO CONFLICT WITH LAWS AND REGULATIONS REGARDING  COLLEC-
TIVE  BARGAINING  IN  THE  PRIVATE  FOR-PROFIT,  NON-PROFIT,  AND PUBLIC
SECTORS;
  (III) NOTWITHSTANDING ANY OTHER SECTION OF LAW, THE JOB TRY-OUT  POSI-
TION  TO WHICH THE PARTICIPANT IS ASSIGNED SHALL BE UNPAID AND SHALL NOT
BE CONSIDERED EMPLOYMENT; HOWEVER, THE  FOLLOWING  PROVISIONS  SHALL  BE
EXCEPTED AND SHALL APPLY TO JOB TRY-OUT PLACEMENTS:
  (A) THE HUMAN RIGHTS LAW AS SET FORTH IN ARTICLE FIFTEEN OF THE EXECU-
TIVE LAW;
  (B) LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR
MORE  CRIMINAL  OFFENSES  AS  SET FORTH IN ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;
  (C) ONE DAY OF REST IN SEVEN AS  SET  FORTH  IN  SECTION  ONE  HUNDRED
SIXTY-ONE OF THE LABOR LAW;
  (D)  TIME ALLOWED FOR MEALS AS SET FORTH IN SECTION ONE HUNDRED SIXTY-
TWO OF THE LABOR LAW;
  (E) PROHIBITED DISCRIMINATION AGAINST ENGAGEMENT IN CERTAIN ACTIVITIES
AS SET FORTH IN SECTION TWO HUNDRED ONE-D OF THE LABOR LAW; AND
  (F) PROHIBITED RETALIATION AS SET FORTH IN SECTION TWO HUNDRED FIFTEEN
OF THE LABOR LAW;
  (IV) THE HOUSEHOLD OF WHICH THE PARTICIPANT IS A MEMBER WILL  CONTINUE
TO  RECEIVE  ANY  PUBLIC  ASSISTANCE,  SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM, OR OTHER BENEFITS THAT SUCH HOUSEHOLD IS OTHERWISE ELIGIBLE FOR
THROUGHOUT THE JOB TRY-OUT ASSIGNMENT;
  (V) THE JOB TRY-OUT PROGRAM TO WHICH THE PARTICIPANT IS ASSIGNED SHALL
BE LIMITED TO NINETY DAYS. THE ASSIGNMENT MAY NOT BE EXTENDED BEYOND THE
NINETY DAYS, EVEN IF AGREED TO BY THE PARTICIPANT AND THE  PRIVATE  FOR-
PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY;
  (VI) PRIOR TO THE JOB TRY-OUT ASSIGNMENT, THE PARTICIPANT WILL RECEIVE
FROM  THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY A WRIT-
TEN EXPLANATION OF  HIS  OR  HER  TRAINING  EXPECTATIONS  ALONG  WITH  A
DESCRIPTION OF THE SUPERVISION AND SKILLS TO BE LEARNED;
  (VII) THE PRIVATE SECTOR FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTI-
TY  IS  REQUIRED  TO PROVIDE TO THE SOCIAL SERVICES DISTRICT, AT NO LESS
THAN  THIRTY-DAY  INTERVALS,  INFORMATION  REGARDING  THE  PARTICIPANT'S
ATTENDANCE AND PERFORMANCE AS PART OF A JOB TRY-OUT ASSIGNMENT;
  (C)  NON-COMPLIANCE.  IF  A SOCIAL SERVICES DISTRICT DETERMINES THAT A
PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY  WITHOUT  REASON-

S. 1506                            103                           A. 2006

ABLE CAUSE, HAS NOT RETAINED THE PARTICIPANT FOR THE FULL NINETY DAY JOB
TRY-OUT  PERIOD  OR  HAS NOT OFFERED FULL-TIME OR PART-TIME UNSUBSIDIZED
EMPLOYMENT TO THE PARTICIPANT ON OR BEFORE THE END OF THE NINETY DAY JOB
TRY-OUT  PERIOD  PURSUANT  TO  THE REQUIREMENTS OF THIS SUBDIVISION, THE
SOCIAL SERVICES DISTRICT SHALL TAKE THE FOLLOWING ACTIONS:
  (I) A FIRST VIOLATION SHALL RESULT IN A ONE-MONTH BAN ON  NEW  ASSIGN-
MENTS WITH THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY;
  (II) A SECOND VIOLATION, WITHIN ONE YEAR OF THE FIRST VIOLATION, SHALL
RESULT IN A THREE-MONTH BAN ON NEW ASSIGNMENTS WITH THE PRIVATE FOR-PRO-
FIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; AND
  (III)  A THIRD VIOLATION, AND ANY FURTHER VIOLATIONS, WITHIN TWO YEARS
OF THE FIRST VIOLATION, SHALL RESULT IN A ONE-YEAR BAN ON NEW ASSIGNMENT
PLACEMENTS WITH THE PRIVATE  FOR-PROFIT,  NON-PROFIT  OR  PUBLIC  SECTOR
ENTITY.
  § 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of the office
of temporary and disability assistance may promulgate any rules or regu-
lations necessary to implement this act on or before its effective date.

                                 PART O

  Section 1. Subdivision 1 of section 198-a of the labor law, as amended
by chapter 564 of the laws of 2010, is amended to read as follows:
  1.  Every  employer  who  does  not pay the wages of all of his OR HER
employees in accordance with the provisions of  this  chapter,  and  the
officers  and agents of any corporation, partnership, or limited liabil-
ity company who knowingly permit the corporation, partnership, or limit-
ed liability company to violate this chapter by failing to pay the wages
of any of its employees in accordance with the provisions thereof, shall
be guilty [of a misdemeanor for the first offense  and  upon  conviction
therefor  shall be fined not less than five hundred nor more than twenty
thousand dollars or imprisoned for not more than one year, and,  in  the
event  that  any second or subsequent offense occurs within six years of
the date of conviction for a prior offense, shall be guilty of a  felony
for  the  second  or  subsequent  offense, and upon conviction therefor,
shall be fined not less than five hundred nor more than twenty  thousand
dollars  or  imprisoned  for  not  more  than  one year plus one day, or
punished by both such fine and imprisonment, for each such  offense.  An
indictment of a person or corporation operating a steam surface railroad
for  an  offense specified in this section may be found and tried in any
county within the state in which such railroad ran at the time  of  such
offense]  , EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE PENAL
LAW, OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE  LESS
THAN  ONE  THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND DOLLARS TO
MORE THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A  SINGLE
EMPLOYEE  GREATER  THAN ONE THOUSAND DOLLARS OR GREATER THAN TWENTY-FIVE
THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF  A  CLASS  D  FELONY  FOR
FAILURE  TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS OR
ONE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; AND  A  CLASS  C
FELONY  FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY THOUSAND
DOLLARS OR GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE  THAN  ONE
EMPLOYEE.  FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE AMOUNT
OF THE UNDERPAYMENT AND TOGETHER  WITH  SUCH  AMOUNTS  PROVIDED  FOR  BY
SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
  §  2.  Section  213 of the labor law, as amended by chapter 729 of the
laws of 1980, is amended to read as follows:

S. 1506                            104                           A. 2006

  § 213. Violations of provisions of labor law; the  rules,  regulations
or  orders  of  the  industrial commissioner and the industrial board of
appeals. Any person who violates or does not comply with  any  provision
of the labor law, any rule, regulation or lawful order of the industrial
commissioner  or  the  industrial board of appeals, and the officers and
agents of any  corporation  who  knowingly  permit  the  corporation  to
violate  such  provisions,  are guilty of a CLASS A misdemeanor and upon
conviction shall be punished IN ACCORDANCE WITH THE PENAL  LAW,  [except
as  in  this chapter or in the penal law otherwise provided, for a first
offense by a fine of not more than one hundred dollars, provided, howev-
er, that if the first offense is a violation of a rule or provision  for
the  protection of the safety or health of employees or persons lawfully
frequenting a place to which this chapter applies, the punishment  shall
be  a  fine  of not more than one hundred dollars or by imprisonment for
not more than fifteen days or by both such fine and imprisonment;]  AND,
for  a  second  [offense by a fine of not less than one hundred nor more
than five hundred dollars, or by imprisonment for not more  than  thirty
days  or by both such fine and imprisonment; for a subsequent offense by
a fine of not less than three hundred dollars, or  by  imprisonment  for
not  more  than  sixty  days,  or by both such fine and imprisonment] OR
SUBSEQUENT OFFENSE COMMITTED WITHIN SIX YEARS OF THE DATE OF  CONVICTION
OF  A  PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY AND UPON CONVICTION
SHALL BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW.  This section  shall
not  apply to any person covered by section twenty-seven-a of this chap-
ter.
  § 3. This act shall take effect immediately.

                                 PART P

  Section 1. Section 522 of the labor law, as amended by chapter 720  of
the laws of 1953, is amended to read as follows:
  §  522.  Total  unemployment.  "Total  unemployment" OR "TOTALLY UNEM-
PLOYED" means the [total] lack of any employment [on] IN any [day] WEEK.
The term "employment" as used  in  this  section  means  any  employment
including that not defined in this title.
  §  2.  Section  523 of the labor law, as amended by chapter 675 of the
laws of 1977, is amended to read as follows:
  § 523. [Effective day. "Effective day" means a full day of total unem-
ployment provided such day falls within a week in which a  claimant  had
four  or  more days of total unemployment and provided further that only
those days of total unemployment in excess of  three  days  within  such
week are deemed "effective days". No effective day is deemed to occur in
a week in which the claimant has days of employment for which he is paid
compensation  exceeding  the highest benefit rate which is applicable to
any claimant in such   week. A claimant  who  is  employed  on  a  shift
continuing  through  midnight is deemed to have been employed on the day
beginning before midnight with respect to such shift, except where night
shift employees are regularly scheduled to  start  their  work  week  at
seven post meridiem or thereafter on Sunday night, their regularly sche-
duled  starting  time  on  Sunday  shall  be  considered  as starting on
Monday.] PARTIAL  UNEMPLOYMENT.  "PARTIAL  UNEMPLOYMENT"  OR  "PARTIALLY
UNEMPLOYED" MEANS ANY WEEK IF THE TOTAL REMUNERATION OF ANY NATURE PAYA-
BLE  FOR  SERVICES OF ANY KIND DURING SUCH WEEK AMOUNTS TO LESS THAN ONE
AND ONE-HALF TIMES THE CLAIMANT'S BENEFIT RATE FOR TOTAL    UNEMPLOYMENT
ROUNDED TO THE LOWEST NEXT DOLLAR. FOR PURPOSES OF THIS SECTION,  REMUN-
ERATION  SHALL  ALSO  INCLUDE  ANY  HOLIDAY OR VACATION PAY PAYABLE WITH

S. 1506                            105                           A. 2006

RESPECT TO ANY SUCH WEEK, WHETHER  OR  NOT  ANY  SERVICE  WAS  PERFORMED
DURING  SUCH  WEEK  OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH
HOLIDAY OR VACATION PAY. FOR PURPOSES OF THIS SECTION, THE  COMMISSIONER
SHALL  CONSIDER  EARNINGS  DERIVED FROM SELF-EMPLOYMENT, BUT ONLY TO THE
EXTENT SUCH EARNINGS ARE ACTUALLY RECEIVED OR PAYABLE WITH RESPECT TO  A
GIVEN  WEEK OF PARTIAL UNEMPLOYMENT.
  §  3.  Section 524 of the labor law, as added by chapter 5 of the laws
of 2000, is amended to read as follows:
  § 524. Week of employment. For purposes  of  this  article,  "week  of
employment"  shall  mean  a  Monday through Sunday period during which a
claimant was paid remuneration for employment for an employer or employ-
ers liable for contributions or for payments in  lieu  of  contributions
under  this  article.   A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING
THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON  THE  DAY  BEGINNING
BEFORE  MIDNIGHT  WITH  RESPECT  TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT
EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST
MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START-
ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
  § 4. Subdivision 4 of section 527 of the  labor  law,  as  amended  by
chapter  832 of the laws of 1968 and as renumbered by chapter 381 of the
laws of 1984, is amended to read as follows:
  4. General condition. A valid original claim may be filed  only  in  a
week  in which the claimant [has at least one effective day of unemploy-
ment] IS TOTALLY UNEMPLOYED OR PARTIALLY UNEMPLOYED AS DEFINED  IN  THIS
ARTICLE.
  §  5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph
(e) of subdivision 1 of section 581 of the  labor  law,  as  amended  by
chapter 282 of the laws of 2002, are amended to read as follows:
  (i)  In  those instances where the claimant may not utilize wages paid
to establish entitlement based upon  subdivision  ten  of  section  five
hundred  ninety  of  this  article and an educational institution is the
claimant's last employer prior to the filing of the claim for  benefits,
or  the  claimant  performed services in such educational institution in
such capacity while employed by an educational service agency  which  is
the  claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for  benefit  charges  [for  the
first  twenty-eight  effective days of benefits paid] IN AN AMOUNT EQUAL
TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as  otherwise
provided  by this section. Under such circumstances, benefits paid shall
be charged to the general account. In addition, wages  paid  during  the
base  period  by  such educational institutions, or for services in such
educational  institutions  for  claimants  employed  by  an  educational
service  agency shall not be considered base period wages during periods
that such wages may not be used to gain entitlement to benefits pursuant
to subdivision ten of section five hundred ninety of this article.
  (ii) In those instances where the claimant may not utilize wages  paid
to  establish  entitlement based upon subdivision eleven of section five
hundred ninety of this article and an  educational  institution  is  the
claimant's  last employer prior to the filing of the claim for benefits,
or the claimant performed services in such  educational  institution  in
such  capacity  while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for  bene-
fits,  such  employer  shall  not be liable for benefit charges [for the
first twenty-eight effective days of benefits paid] IN AN  AMOUNT  EQUAL
TO  THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
provided by this section. Under such circumstances, benefits  paid  will

S. 1506                            106                           A. 2006

be  charged  to  the general account. In addition, wages paid during the
base period by such educational institutions, or for  services  in  such
educational  institutions  for  claimants  employed  by  an  educational
service  agency shall not be considered base period wages during periods
that such wages may not be used to gain entitlement to benefits pursuant
to subdivision eleven of section five hundred ninety  of  this  article.
However,  in those instances where a claimant was not afforded an oppor-
tunity to perform services for the educational institution for the  next
academic  year  or  term  after  reasonable assurance was provided, such
employer shall be liable for benefit charges as  provided  for  in  this
paragraph for any retroactive payments made to the claimant.
  (iii)  In  those  instances where the federal government is the claim-
ant's last employer prior to the filing of the claim  for  benefits  and
such  employer  is  not  a  base-period employer, payments [equaling the
first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
BENEFITS PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as  otherwise
prescribed  by  this section shall be charged to the general account. In
those instances where the federal  government  is  the  claimant's  last
employer prior to the filing of the claim for benefits and a base-period
employer,  such  employer  shall  be liable for charges for all benefits
paid on such claim in the same proportion that the remuneration paid  by
such  employer  during the base period bears to the remuneration paid by
all employers during the  base  period.  In  addition,  benefit  payment
charges  [for  the  first twenty-eight effective days of benefits] IN AN
AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL  UNEMPLOYMENT
other  than  those  chargeable  to  the federal government as prescribed
above shall be made to the general account.
  (iv) In those instances where a combined wage claim is filed  pursuant
to  interstate  reciprocal  agreements  and the claimant's last employer
prior to the filing of the claim is an out-of-state  employer  and  such
employer  is  not a base-period employer, benefit payments [equaling the
first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
BENEFITS PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as  otherwise
prescribed  by  this section shall be charged to the general account. In
those instances where the out-of-state employer  is  the  last  employer
prior to the filing of the claim for benefits and a base-period employer
such  employer shall be liable for charges for all benefits paid on such
claim in the same proportion that the remuneration paid by such employer
during the base period bears to the remuneration paid by  all  employers
during  the  base  period. In addition, benefit payment charges [for the
twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE-
FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge-
able to the out-of-state employer as prescribed above shall be  made  to
the general account.
  § 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi-
sions  6  and 7 of section 590 of the labor law, subdivisions 1 and 3 as
amended by chapter 645 of the laws of 1951, subdivision 4 as amended  by
chapter  457  of  the  laws  of  1987, paragraph (a) of subdivision 5 as
amended by section 8 of part O of chapter 57 of the laws of 2013, subdi-
vision 6 as added by chapter 720 of the laws of 1953 and  as  renumbered
by  chapter  675  of  the  laws of 1977, and subdivision 7 as amended by
chapter 415 of the laws of 1983, are amended and two new paragraphs  (c)
and (d) are added to subdivision 5 to read as follows:
  1.  Entitlement  to benefits. A claimant shall be entitled to [accumu-
late effective days for the purpose of benefit rights]  THE  PAYMENT  OF
BENEFITS  only  if  he  OR  SHE has complied with the provisions of this

S. 1506                            107                           A. 2006

article regarding the filing of his OR HER claim, including  the  filing
of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY
unemployed,  reported his OR HER subsequent employment and unemployment,
and  reported  for  work or otherwise given notice of the continuance of
his OR HER unemployment.
  3. Compensable periods. Benefits shall be paid for each  [accumulation
of  effective days within a] week OF PARTIAL UNEMPLOYMENT OR TOTAL UNEM-
PLOYMENT.
  4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S
WEEKLY BENEFIT RATE in any benefit year, except as provided  in  section
six  hundred one and subdivision two of section five hundred ninety-nine
of this [chapter] TITLE.
  (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
the  remuneration  paid  during the highest calendar quarter of the base
period by employers, liable for contributions or  payments  in  lieu  of
contributions under this article, provided the claimant has remuneration
paid  in  all  four  calendar  quarters during his or her base period or
alternate base period. However, for any claimant  who  has  remuneration
paid  in  all  four  calendar  quarters during his or her base period or
alternate base period  and  whose  high  calendar  quarter  remuneration
during  the  base  period  is  three  thousand five hundred seventy-five
dollars or less, the benefit amount shall be  one  twenty-fifth  of  the
remuneration paid during the highest calendar quarter of the base period
by  employers  liable  for contributions or payments in lieu of contrib-
utions under this article. A claimant's  weekly  benefit  shall  be  one
twenty-sixth  of  the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period  by  employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters  provided  however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than  three  thousand  five
hundred  seventy-five  dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However,  for  any  claimant
who  has  remuneration paid in two or three calendar quarters during his
or her base period or alternate base  period  and  whose  high  calendar
quarter  remuneration  during  the  base  period  is three thousand five
hundred seventy-five dollars or less, the benefit amount  shall  be  one
twenty-fifth  of the remuneration paid during the highest calendar quar-
ter of the base period by employers liable for contributions or payments
in lieu of contributions under this article.  Any  claimant  whose  high
calendar  quarter remuneration during the base period is more than three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit amount less than one hundred forty-three dollars. The weekly benefit
amount, so computed, that is not a  multiple  of  one  dollar  shall  be
lowered  to  the  next  multiple  of  one dollar. On the first Monday of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
dollars,  until  the  first  Monday of September, two thousand, at which
time the maximum benefit payable  pursuant  to  this  subdivision  shall
equal  one-half  of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two  thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. On and after the first Monday of October, two thousand fourteen,
the weekly benefit shall not be less than one hundred dollars, nor shall
it exceed four hundred twenty dollars until the first Monday of October,

S. 1506                            108                           A. 2006

two  thousand  fifteen  when  the  maximum  benefit amount shall be four
hundred twenty-five dollars, until the  first  Monday  of  October,  two
thousand  sixteen  when the maximum benefit amount shall be four hundred
thirty  dollars,  until the first Monday of October, two thousand seven-
teen when the maximum benefit amount shall be four  hundred  thirty-five
dollars,  until  the first Monday of October, two thousand eighteen when
the maximum benefit amount shall be four hundred  fifty  dollars,  until
the  first  Monday  of  October,  two thousand nineteen when the maximum
benefit amount shall be thirty-six percent of the  average  weekly  wage
until  the first Monday of October, two thousand twenty when the maximum
benefit amount shall be thirty-eight percent of the average weekly wage,
until the first Monday of October two thousand twenty-one when the maxi-
mum benefit amount shall be forty percent of the  average  weekly  wage,
until  the  first  Monday  of  October, two thousand twenty-two when the
maximum benefit amount shall be forty-two percent of the average  weekly
wage,  until the first Monday of October, two thousand twenty-three when
the maximum benefit amount shall be forty-four percent  of  the  average
weekly wage, until the first Monday of October, two thousand twenty-four
when  the maximum benefit amount shall be forty-six percent of the aver-
age weekly wage, until the first Monday of October, two  thousand  twen-
ty-five  when the maximum benefit amount shall be forty-eight percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-six and each year thereafter on the first Monday of October  when
the  maximum benefit amount shall be fifty percent of the average weekly
wage provided, however, that in  no  event  shall  the  maximum  benefit
amount  be  reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS
OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT.
  (C) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED THROUGHOUT A  WEEK  SHALL
BE  PAID  WITH    RESPECT TO SUCH WEEK AN AMOUNT EQUAL TO THE CLAIMANT'S
BENEFIT RATE FOR TOTAL  UNEMPLOYMENT REDUCED BY AN AMOUNT EQUAL TO  TWO-
THIRDS,  ROUNDED  TO THE NEXT LOWER WHOLE DOLLAR, OF THE TOTAL REMUNERA-
TION, ROUNDED TO THE LOWER WHOLE DOLLAR, OF ANY NATURE  PAYABLE  TO  THE
CLAIMANT FOR SERVICES OF ANY KIND DURING SUCH WEEK.
  (D)  ANY  CLAIMANT  WHO  IS  PARTIALLY  UNEMPLOYED WHOSE EMPLOYMENT IS
LIMITED TO ONE OR TWO DAYS DURING ANY WEEK  OF  UNEMPLOYMENT  AND  WHOSE
PAID  OR PAYABLE REMUNERATION FOR SUCH WEEK IS EQUAL TO OR LESS THAN THE
WEEKLY MAXIMUM BENEFIT AMOUNT SHALL BE PAID:
  (1) FOR EMPLOYMENT LIMITED TO ONE DAY, A BENEFIT AMOUNT EQUAL TO THREE
QUARTERS OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS  GREATER
THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT
BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  (2)  FOR  EMPLOYMENT  LIMITED  TO  TWO DAYS, A BENEFIT AMOUNT EQUAL TO
FIFTY PERCENT OF HIS OR HER WEEKLY BENEFIT AMOUNT,  IF  THAT  AMOUNT  IS
GREATER  THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENE-
FIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  6. Notification requirement. [No effective day shall  be  counted  for
any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY
FOR  ANY  WEEK  FOR  which  notification  has  been  given  in  a manner
prescribed by the commissioner.
  7. Waiting period. A claimant shall not  be  entitled  to  [accumulate
effective  days for the purpose of] RECEIVE benefit payments until he OR
SHE has [accumulated] COMPLETED a waiting period of [four effective days
either wholly within the] ONE week  OF  TOTAL  UNEMPLOYMENT  OR  PARTIAL
UNEMPLOYMENT in which he OR SHE established [his] A valid original claim
[or  partly  within such week and partly] within his OR HER benefit year
initiated by such claim.

S. 1506                            109                           A. 2006

  § 7. Subdivisions 1 and 2, paragraph (a) of subdivision  3  and  para-
graph (a) of subdivision 6 of section 591 of the labor law, subdivisions
1  and 2 as amended by chapter 413 of the laws of 2003, paragraph (a) of
subdivision 3 as amended by chapter 794 of the laws of  1963  and  para-
graph  (a)  of subdivision 6 as added by section 13 of part O of chapter
57 of laws of 2013, are amended to read as follows:
  1. Unemployment. Benefits, except as provided in section five  hundred
ninety-one-a  of  this  title,  shall  be paid only to a claimant who is
totally UNEMPLOYED OR PARTIALLY unemployed and who is unable  to  engage
in  his  OR  HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is  receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such  claimant's service on a grand or petit jury of any state or of the
United States.
  2. Availability and capability. Except as  provided  in  section  five
hundred  ninety-one-a of this title, no benefits shall be payable to any
claimant who is not capable of work or who is  not  ready,  willing  and
able  to  work  in  his usual employment or in any other for which he is
reasonably fitted by training and experience.   THE  COMMISSIONER  SHALL
PROMULGATE  REGULATIONS  DEFINING  A CLAIMANT'S ELIGIBILITY FOR BENEFITS
WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE
TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE  OR  SHE
IS REASONABLY FITTED BY TRAINING AND EXPERIENCE.
  (a)  [No benefits shall be] BENEFITS payable to a claimant for any day
during a paid vacation period, or for a paid  holiday,  [nor  shall  any
such  day  be  considered a day of total unemployment under section five
hundred twenty-two] SHALL BE CALCULATED  AS  PROVIDED  IN  SECTION  FIVE
HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY
of this article.
  (a)  No  benefits shall be payable to a claimant for any week during a
dismissal period for which a claimant receives dismissal pay[, nor shall
any day within such week be considered a day of total unemployment under
section five  hundred  twenty-two  of  this  article,]  if  such  weekly
dismissal pay exceeds the maximum weekly benefit rate.
  § 8. Subdivisions 1 and 2 of section 591 of the labor law, subdivision
1  as  amended  by  chapter 446 of the laws of 1981 and subdivision 2 as
amended by section 12 of part O of chapter 57 of the laws of  2013,  are
amended to read as follows:
  1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
totally UNEMPLOYED OR PARTIALLY unemployed and who is unable  to  engage
in  his  OR  HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is  receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such  claimant's service on a grand or petit jury of any state or of the
United States.
  2. Availability, capability, and work search.  No  benefits  shall  be
payable  to any claimant who is not capable of work or who is not ready,
willing and able to work in his or her usual employment or in any  other
for  which he or she is reasonably fitted by training and experience and
who is not actively seeking work. In order to be actively seeking work a
claimant must be engaged in systematic and  sustained  efforts  to  find
work.  The commissioner shall promulgate regulations defining systematic
and sustained efforts to find work and setting standards for  the  proof
of  work  search efforts.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS

S. 1506                            110                           A. 2006

DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT
CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK  IN  HIS  OR  HER
USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY
TRAINING AND EXPERIENCE.
  §  9.  Subdivision  2  of  section 592 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
  2. Concurrent payments prohibited.  No  [days  of  total  unemployment
shall  be  deemed  to  occur] BENEFITS SHALL BE PAYABLE in any week with
respect to which or a part of which a claimant has received or is  seek-
ing  unemployment benefits under an unemployment compensation law of any
other state or of the United States, provided that this provision  shall
not apply if the appropriate agency of such other state or of the United
States  finally  determines that he OR SHE is not entitled to such unem-
ployment benefits.
  § 10. Paragraph (a) of subdivision 1, the opening paragraph of  subdi-
vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para-
graph  (a)  of subdivision 1, the opening paragraph of subdivision 2 and
subdivision 3 as amended by section 15 of part O of chapter  57  of  the
laws  of 2013 and subdivision 4 as amended by chapter 589 of the laws of
1998, are amended to read as follows:
  (a) No [days of total unemployment shall be deemed to occur]  BENEFITS
SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
MENT  THAT  OCCURS  after a claimant's voluntary separation without good
cause from employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to  ten  times  his  or  her
weekly  benefit  rate.  In  addition  to other circumstances that may be
found to constitute good cause, including a compelling family reason  as
set  forth  in  paragraph  (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify  a  claimant  if  circum-
stances  have developed in the course of such employment that would have
justified the claimant in refusing such employment in the first instance
under the terms of subdivision two of this section or if  the  claimant,
pursuant  to  an option provided under a collective bargaining agreement
or written employer plan which permits waiver of his  or  her  right  to
retain  the  employment when there is a temporary layoff because of lack
of work, has elected to be separated for  a  temporary  period  and  the
employer has consented thereto.
  No  [days  of  total  unemployment  shall be deemed to occur] BENEFITS
SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
MENT beginning with the day on which a  claimant,  without  good  cause,
refuses  to accept an offer of employment for which he or she is reason-
ably fitted by training and experience, including employment not subject
to this article, until he or she has subsequently worked  in  employment
and  earned  remuneration  at least equal to ten times his or her weekly
benefit rate. Except that claimants who are not subject to a recall date
or who do not obtain employment through a union hiring hall and who  are
still unemployed after receiving ten weeks of benefits shall be required
to  accept  any  employment proffered that such claimants are capable of
performing, provided that such employment would result  in  a  wage  not
less  than eighty percent of such claimant's high calendar quarter wages
received in the base period and not substantially less than the prevail-
ing wage for similar work in the locality as provided for  in  paragraph
(d) of this subdivision. No refusal to accept employment shall be deemed
without good cause nor shall it disqualify any claimant otherwise eligi-
ble to receive benefits if:

S. 1506                            111                           A. 2006

  3.  Misconduct.  No  [days  of  total  unemployment shall be deemed to
occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL  UNEMPLOYMENT  OR
PARTIAL  UNEMPLOYMENT  THAT  OCCURS  after  a  claimant  lost employment
through misconduct in connection with his or her employment until he  or
she  has  subsequently  worked  in employment and earned remuneration at
least equal to ten times his or her weekly benefit rate.
  4. Criminal acts. No [days of total unemployment shall  be  deemed  to
occur  during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOY-
MENT OR PARTIAL UNEMPLOYMENT FOR a  period  of  twelve  months  after  a
claimant loses employment as a result of an act constituting a felony in
connection with such employment, provided the claimant is duly convicted
thereof or has signed a statement admitting that he or she has committed
such  an act.   Determinations regarding a benefit claim may be reviewed
at any time.  Any benefits paid to a claimant prior to  a  determination
that  the claimant has lost employment as a result of such act shall not
be considered to have been accepted by the claimant in  good  faith.  In
addition,  remuneration  paid  to  the claimant by the affected employer
prior to the claimant's loss of employment due to such criminal act  may
not  be utilized for the purpose of establishing entitlement to a subse-
quent, valid original claim. The provisions of  this  subdivision  shall
apply  even  if  the  employment lost as a result of such act is not the
claimant's last employment prior to the filing of his or her claim.
  § 11. Section 594 of the labor law, as amended by section 16 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
  § 594. [Reduction and recovery] RECOVERY of benefits and penalties for
wilful false statement. (1) A claimant who has  wilfully  made  a  false
statement  or  representation to obtain any benefit under the provisions
of this article shall [forfeit benefits for at least the first four  but
not  more  than  the  first eighty effective days following discovery of
such offense for which he or she otherwise would have been  entitled  to
receive  benefits.  Such  penalty  shall apply only once with respect to
each such offense.
  (2) For the purpose of subdivision four of section five hundred ninety
of this article, the claimant shall be deemed to have received  benefits
for such forfeited effective days.
  (3)  The  penalty  provided in this section shall not be confined to a
single benefit year but shall no longer apply in whole or in part  after
the  expiration  of  two years from the date of the final determination.
Such two-year period shall be tolled during the time period  a  claimant
has  an  appeal  pending]  BE SUBJECT TO THE PENALTIES SET FORTH IN THIS
SECTION.
  [(4)] (2) A claimant shall refund all moneys received because of  such
false  statement  or representation and pay a civil penalty in an amount
equal to [the greater of one hundred  dollars  or  fifteen]  TWENTY-FIVE
percent  of  the  total  overpaid  benefits  determined pursuant to this
section.  [The] IF A CLAIMANT IS FOUND  TO  HAVE  MADE  A  SECOND  FALSE
STATEMENT  OR  REPRESENTATION  WITHIN  FIVE  YEARS OF THE FIRST DETERMI-
NATION, THE PENALTY SHALL BE FIFTY PERCENT OF THE TOTAL  OVERPAID  BENE-
FITS. FIFTEEN PERCENT OF THE penalties collected hereunder FOR THE FIRST
AND  SECOND  OCCURRENCES  shall be deposited in the fund.  THE REMAINING
PERCENTAGE OF THE PENALTIES  SHALL  BE  DEPOSITED  IN  THE  UNEMPLOYMENT
INSURANCE  CONTROL  FUND.  The penalties assessed under this subdivision
shall apply and be assessed for any benefits paid  under  federal  unem-
ployment  and extended unemployment programs administered by the depart-
ment in the same manner as provided in this article.  The  penalties  in
this  section  shall  be in addition to any penalties imposed under this

S. 1506                            112                           A. 2006

chapter or any state or federal criminal statute. No penalties or inter-
est assessed pursuant to this section may be deducted or  withheld  from
benefits.
  [(5)]  (3)  (a) Upon a determination based upon a willful false state-
ment or representation  becoming  final  through  exhaustion  of  appeal
rights  or  failure  to  exhaust  hearing  rights,  the commissioner may
recover the amount found to be due by commencing a civil action,  or  by
filing  with  the  county clerk of the county where the claimant resides
the final determination of the commissioner or the final decision by  an
administrative  law  judge,  the appeal board, or a court containing the
amount found to be due including interest and civil penalty. The commis-
sioner may only make such a filing with the county clerk when:
  (i) The claimant has responded to requests for information prior to  a
determination and such requests for information notified the claimant of
his  or  her  rights  to  a fair hearing as well as the potential conse-
quences of an investigation and final determination under  this  section
including  the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair  hearing
or  appeal  subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or  subse-
quent appeal from which a final determination was rendered;
  (ii) The commissioner has made efforts to collect on such final deter-
mination; and
  (iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first  class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
  (b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
  (i) That the commissioner intends  to  docket  a  final  determination
against such claimant as a judgment;
  (ii) The total amount to be docketed; and
  (iii)  Conspicuous  language  that  reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and  your
money,  including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect  your
ability to rent a home, find a job, or take out a loan."
  § 11-a. Section 11 of this act shall apply to all false statements and
representations  determined  on  or after the effective date of this act
and all forfeited effective days determined prior    to  such  effective
date  shall remain in full force and effect for two years from the expi-
ration of the initial  determination.  For  purposes  of  applying  such
forfeited  benefits, four effective days shall be considered one week of
forfeited benefits and any remaining amount of less than four days shall
not be applied to future benefits.
  § 12. Subdivisions 1 and 4 of section 596 of the labor  law,  subdivi-
sion  1  as amended by chapter 204 of the laws of 1982 and subdivision 4
as added by chapter 705 of the laws of 1944 and as renumbered by section
148-a of part B of chapter 436 of the laws of 1997, are amended to  read
as follows:
  1.  Claim  filing  and certification to unemployment. A claimant shall
file a claim for benefits [at] WITH the [local state  employment  office
serving  the  area in which he was last employed or in which he resides]
DEPARTMENT OF LABOR within such time and in such manner as  the  commis-
sioner  shall prescribe. He OR SHE shall disclose whether he OR SHE owes
child support obligations, as hereafter defined. If  a  claimant  making

S. 1506                            113                           A. 2006

such  disclosure is eligible for benefits, the commissioner shall notify
the state or  local  child  support  enforcement  agency,  as  hereafter
defined, that the claimant is eligible.
  A  claimant  shall  correctly  report any [days of] employment and any
compensation [he] received for such employment, including  [employments]
EMPLOYMENT  not subject to this article, and the days on which he OR SHE
was totally UNEMPLOYED OR  PARTIALLY  unemployed  and  shall  make  such
reports  in  accordance  with such regulations as the commissioner shall
prescribe.
  4. Registration and reporting for work. A claimant shall  register  as
totally  UNEMPLOYED  OR PARTIALLY unemployed at a local state employment
office serving the area in which he OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er shall prescribe. After so registering, such claimant shall report for
work at the same local state employment office or otherwise give  notice
of  the  continuance  of  his  OR  HER unemployment as often and in such
manner as the commissioner shall prescribe.
  § 12-a. Subdivision 3 of section 597 of the labor law, as  amended  by
chapter 42 of the laws of 1961, is amended to read as follows:
  3. Limitation on review of determinations. Any determination regarding
a  benefit  claim  may,  in  the absence of fraud or wilful misrepresen-
tation, be reviewed only within [one year] TWO YEARS from the date it is
issued because of new or corrected information, or,  if  the  review  is
based thereon, within six months from a retroactive payment of remunera-
tion,  provided that no decision on the merits of the case has been made
upon hearing or appeal.  Such review shall be conducted and a new deter-
mination issued in accordance with the provisions of  this  article  and
regulations  and  procedure  prescribed  thereunder  with respect to the
adjudication and payment of claims, including the right of appeal.
  § 13. Paragraph (a) of subdivision 2 of section 599 of the labor  law,
as  amended  by  chapter  593 of the laws of 1991, is amended to read as
follows:
  (a) Notwithstanding any other provision of this  chapter,  a  claimant
attending  an approved training course or program under this section may
receive additional benefits of up to [one hundred four  effective  days]
TWENTY-SIX  TIMES  HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion
of regular and, if in effect, any other extended benefits, provided that
entitlement to a new benefit claim cannot be established.  Certification
of  continued  satisfactory  participation and progress in such training
course or program must be submitted to the  commissioner  prior  to  the
payment  of  any such benefits. The [duration] AMOUNT of such additional
benefits shall in no case exceed twice the [number  of  effective  days]
AMOUNT of regular benefits to which the claimant is entitled at the time
the claimant is accepted in, or demonstrates application for appropriate
training.
  §  14.  The  opening  paragraph  and paragraph (e) of subdivision 2 of
section 601 of the labor law, as amended by chapter 35 of  the  laws  of
2009, are amended to read as follows:
  Extended  benefits  shall be payable to a claimant for [effective days
occurring in] any week OF TOTAL  UNEMPLOYMENT  OR  PARTIAL  UNEMPLOYMENT
within an eligibility period, provided the claimant
  (e)  is  not  claiming  benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where  an  extended
benefit  period  is  not in effect, except that this condition shall not
apply with respect to the first [eight  effective  days]  TWO  WEEKS  OF
TOTAL  UNEMPLOYMENT  OR PARTIAL UNEMPLOYMENT for which extended benefits

S. 1506                            114                           A. 2006

shall otherwise be payable pursuant to an interstate claim  filed  under
the interstate benefit payment plan; and
  § 15. Subdivisions 3 and 4 and paragraphs (b) and (e) of subdivision 5
of section 601 of the labor law, as amended by chapter 35 of the laws of
2009, are amended to read as follows:
  3.  Extended  benefit  amounts;  rate  and duration. Extended benefits
shall be paid to a claimant
  (a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
  (b) for not more than [fifty-two effective days with respect to his or
her applicable benefit year, with a total maximum amount equal to] fifty
percentum of the total maximum amount of  regular  benefits  payable  in
such benefit year, and
  (c) if a claimant's benefit year ends within an extended benefit peri-
od,  the remaining balance of extended benefits to which he or she would
be entitled, if any, shall be reduced by the [number of effective  days]
AMOUNT  OF  BENEFITS  for  which he or she was entitled to receive trade
readjustment allowances under the federal trade act of nineteen  hundred
seventy-four during such benefit year, and
  (d)  for periods of high unemployment for not more than [eighty effec-
tive days with respect to the applicable benefit year with a total maxi-
mum amount equal to] eighty percent of the total maximum amount of regu-
lar benefits payable in such benefit year.
  4. Charging of extended benefits. The provisions of paragraph  (e)  of
subdivision one of section five hundred eighty-one of this article shall
apply  to  benefits paid pursuant to the provisions of this section, and
if they were paid for [effective days] WEEKS OF  TOTAL  UNEMPLOYMENT  OR
PARTIAL  UNEMPLOYMENT  occurring in weeks following the end of a benefit
year, they shall be deemed paid  with  respect  to  that  benefit  year.
However,  except  for  governmental  entities as defined in section five
hundred sixty-five and Indian tribes as defined in section five  hundred
sixty-six  of this article, only one-half of the amount of such benefits
shall be debited to the employers' account; the remainder thereof  shall
be  debited  to  the general account, and such account shall be credited
with the amount of  payments  received  in  the  fund  pursuant  to  the
provisions  of the federal-state extended unemployment compensation act.
Notwithstanding the foregoing, where the state has entered  an  extended
benefit  period  triggered pursuant to subparagraph one of paragraph (a)
of subdivision one of this section for which federal  law  provides  for
one hundred percent federal sharing of the costs of benefits, all charg-
es  shall  be  debited  to the general account and such account shall be
credited with the amount of payments received in the  fund  pursuant  to
the  provisions  of the federal-state extended unemployment compensation
act or other federal law providing for one hundred percent federal shar-
ing for the cost of such benefits.
  (b) No [days of total unemployment shall be deemed to occur in]  BENE-
FITS  SHALL  BE PAYABLE FOR any week within an eligibility period during
which a claimant fails to accept any offer of suitable work or fails  to
apply  for  suitable work to which he or she was referred by the commis-
sioner, who shall make such referral  if  such  work  is  available,  or
during  which  he  or  she  fails  to engage actively in seeking work by
making a systematic and sustained effort to obtain  work  and  providing
tangible  evidence  of  such  effort,  and until he or she has worked in
employment during at least four subsequent weeks and earned remuneration
of at least four times his or her benefit rate.

S. 1506                            115                           A. 2006

  (e) No [days of total unemployment] BENEFITS shall be [deemed to occur
in] PAYABLE FOR any week within an eligibility period under section five
hundred ninety-three of this [article] TITLE, until he or she has subse-
quently worked in employment in accordance  with  the  requirements  set
forth in section five hundred ninety-three of this [article] TITLE.
  § 16. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
  §  603.  Definitions. For purposes of this title: "Total unemployment"
AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any  employment
on  any  day,]  HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other
than with an employer applying for a shared work program.  "Work  force"
shall  mean  the  total work force, a clearly identifiable unit or units
thereof, or a particular shift or shifts.  The  work  force  subject  to
reduction shall consist of no less than two employees.
  §  17. Severability. If any amendment contained in a clause, sentence,
paragraph, section or part of this act shall be adjudged by  the  United
States Department of Labor to violate requirements for maintaining bene-
fit  standards  required  of  the  state in order to be eligible for any
financial benefit offered through federal law or regulation, such amend-
ments shall be severed from this act and shall  not  affect,  impair  or
invalidate the remainder thereof.
  §  18.  This  act  shall  take  effect  on the ninetieth day after the
commissioner of labor certifies that the  department  of  labor  has  an
information technology system capable of accommodating the provisions in
this  act;  provided  that  the  commissioner  of labor shall notify the
legislative bill drafting commission of the date of  such  certification
in  order that the commission may maintain an accurate and timely effec-
tive database of the official text of the laws of the state of New  York
in furtherance of effecting the provisions of section 44 of the legisla-
tive  law  and  section 70-b of the public officers law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  to  be  made and completed on or before such effective date.
Provided further that the amendments to subdivisions 1 and 2 of  section
591 of the labor law  made by section seven of this act shall be subject
to the expiration and reversion of such subdivisions pursuant to section
10  of  chapter  413  of  the  laws  of  2003,  when  upon such date the
provisions of section eight of this act shall take effect.

                                 PART Q

  Section 1. Subdivision 1 of  section  296  of  the  executive  law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  FOR  AN EMPLOYER OR EMPLOYMENT AGENCY IN WRITING OR OTHERWISE, TO
RELY ON, OR INQUIRE ABOUT, THE SALARY HISTORY INFORMATION OF  AN  APPLI-
CANT  FOR EMPLOYMENT AS A FACTOR IN DETERMINING WHETHER TO OFFER EMPLOY-
MENT TO AN APPLICANT OR WHAT SALARY TO OFFER AN  APPLICANT.  NOTHING  IN
THIS SUBDIVISION SHALL PREVENT AN APPLICANT FROM VOLUNTARILY AND WITHOUT
PROMPTING DISCLOSING SALARY HISTORY INFORMATION TO A PROSPECTIVE EMPLOY-
ER. IF AN APPLICANT VOLUNTEERS SALARY HISTORY INFORMATION, NOTHING SHALL
PROHIBIT  THAT EMPLOYER FROM CONSIDERING OR RELYING ON THAT INFORMATION.
NOTHING IN THIS SUBDIVISION SHALL PROHIBIT AN EMPLOYER, WITHOUT  INQUIR-
ING ABOUT SALARY HISTORY, FROM ENGAGING IN DISCUSSION WITH THE APPLICANT
ABOUT  THEIR  EXPECTATIONS  WITH  RESPECT TO SALARY, BENEFITS, AND OTHER
COMPENSATION.

S. 1506                            116                           A. 2006

  § 2. The section heading and subdivision 1 of section 194 of the labor
law, the section heading as added by chapter 548 of the laws of 1966 and
subdivision 1 as amended by chapter 362 of the laws of 2015, are amended
to read as follows:
  Differential  in  rate  of pay because of [sex] PROTECTED CLASS STATUS
prohibited.  1. No employee WHO IS A MEMBER OF A PROTECTED  CLASS  shall
be paid a wage at a rate less than the rate at which an employee [of the
opposite  sex]  WHO  IS  NOT A MEMBER OF THE PROTECTED CLASS in the same
establishment is paid for [equal work on a job the performance of  which
requires  equal skill, effort and responsibility, and which is performed
under similar  working  conditions]  SUBSTANTIALLY  SIMILAR  WORK,  WHEN
VIEWED  AS  A  COMPOSITE  OF  SKILL,  EFFORT,  AND  RESPONSIBILITY,  AND
PERFORMED UNDER SIMILAR WORKING CONDITIONS, except where payment is made
pursuant to a differential based on:
  a. a seniority system;
  b. a merit system;
  c. a  system  which  measures  earnings  by  quantity  or  quality  of
production; or
  d.  a  bona  fide  factor other than [sex] THE PROTECTED CLASS STATUS,
such as education, training, or experience. Such factor: (i)  shall  not
be  based  upon  [or derived from] a [sex-based] differential in compen-
sation THAT WAS ORIGINALLY DERIVED FROM A  PROTECTED  CLASS  STATUS  and
(ii)  shall  be job-related with respect to the position in question and
shall be consistent with business necessity. Such exception  under  this
paragraph  shall  not  apply  when the employee demonstrates (A) that an
employer uses a particular employment practice that causes  a  disparate
impact  on the basis of [sex] PROTECTED CLASS STATUS, (B) that an alter-
native employment practice exists that would  serve  the  same  business
purpose and not produce such differential, and (C) that the employer has
refused to adopt such alternative practice.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART R

  Section  1.  Subdivisions 1 and 2 of section 291 of the executive law,
as amended by chapter 196 of the laws of 2010, are amended  to  read  as
follows:
  1. The opportunity to obtain employment without discrimination because
of  age, race, creed, color, national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, marital status,  or  disa-
bility, is hereby recognized as and declared to be a civil right.
  2.  The  opportunity  to obtain education, the use of places of public
accommodation and the ownership, use and occupancy of  housing  accommo-
dations  and  commercial  space  without  discrimination because of age,
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military status, sex, marital status, or  disability,  as
specified  in  section two hundred ninety-six of this article, is hereby
recognized as and declared to be a civil right.
  § 2. Section 292 of the executive law  is  amended  by  adding  a  new
subdivision 35 to read as follows:
  35.  THE  TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL
OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR,  EXPRESSION,
OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.

S. 1506                            117                           A. 2006

  §  3.  Subdivisions  8  and  9 of section 295 of the executive law, as
amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
follows:
  8. To create such advisory councils, local, regional or state-wide, as
in  its  judgment  will aid in effectuating the purposes of this article
and of section eleven of article one of the constitution of this  state,
and  the  division  may  empower them to study the problems of discrimi-
nation in all or specific fields of human relationships or  in  specific
instances of discrimination because of age, race, creed, color, national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, sex, disability or marital status and  make  recommendations  to
the  division  for the development of policies and procedures in general
and in specific instances. The advisory councils also shall  disseminate
information  about  the division's activities to organizations and indi-
viduals in their localities. Such advisory councils shall be composed of
representative citizens, serving without pay, but with reimbursement for
actual and necessary traveling  expenses;  and  the  division  may  make
provision for technical and clerical assistance to such councils and for
the expenses of such assistance.
  9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate  this article and to issue such publications and such results
of investigations and research as in its judgement will tend  to  inform
persons  of the rights assured and remedies provided under this article,
to promote good-will and minimize or eliminate discrimination because of
age, race, creed, color, national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
status.
  § 4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
of the executive law, as amended by chapter 365 of the laws of 2015, are
amended to read as follows:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION, military status, sex, disability, predisposing
genetic characteristics, familial status, marital  status,  or  domestic
violence  victim  status,  to  refuse  to hire or employ or to bar or to
discharge from employment such individual  or  to  discriminate  against
such individual in compensation or in terms, conditions or privileges of
employment.
  (b)  For  an  employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital  status,  in
receiving,  classifying, disposing or otherwise acting upon applications
for its services or in  referring  an  applicant  or  applicants  to  an
employer or employers.
  (c)  For a labor organization, because of the age, race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status, sex, disability, predisposing genetic characteristics,
familial status, or marital status of any individual, to exclude  or  to
expel  from its membership such individual or to discriminate in any way
against any of its members or against any  employer  or  any  individual
employed by an employer.
  (d)  For  any  employer  or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make  any

S. 1506                            118                           A. 2006

inquiry  in  connection  with  prospective  employment,  which expresses
directly or indirectly, any limitation, specification or  discrimination
as  to  age,  race,  creed,  color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing  genetic  characteristics, familial status, or marital status, or
any intent to make any such limitation, specification or discrimination,
unless based upon a  bona  fide  occupational  qualification;  provided,
however,  that  neither this paragraph nor any provision of this chapter
or other law shall be construed to  prohibit  the  department  of  civil
service  or the department of personnel of any city containing more than
one county from requesting information from applicants for civil service
examinations concerning any of the aforementioned characteristics, other
than sexual orientation, for the purpose of conducting studies to  iden-
tify and resolve possible problems in recruitment and testing of members
of  minority  groups  to  insure the fairest possible and equal opportu-
nities for employment in the civil service for all  persons,  regardless
of  age,  race,  creed,  color,  national  origin, sexual orientation OR
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital status.
  § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296  of
the  executive  law,  as amended by chapter 365 of the laws of 2015, are
amended to read as follows:
  (b) To deny to or withhold from any person  because  of  race,  creed,
color,   national   origin,   sexual  orientation,  GENDER  IDENTITY  OR
EXPRESSION, military status, sex, age, disability, familial  status,  or
marital status, the right to be admitted to or participate in a guidance
program,   an   apprenticeship  training  program,  on-the-job  training
program, executive training program, or other occupational  training  or
retraining program;
  (c)  To  discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the  terms,  condi-
tions  or  privileges  of  such  programs because of race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  sex,  age,  disability,  familial  status  or marital
status;
  (d) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in  connection  with  such
program  which  expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color,  national  origin,
sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
age,  disability, familial status or marital status, or any intention to
make any such limitation, specification or discrimination, unless  based
on a bona fide occupational qualification.
  §  6.  Paragraph  (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 106 of the laws of 2003, is amended  to  read
as follows:
  (a)  It  shall  be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent,  agent  or
employee  of  any  place  of  public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual  orientation,
GENDER  IDENTITY OR EXPRESSION, military status, sex, [or] disability or
marital status of any person, directly or indirectly, to  refuse,  with-
hold  from or deny to such person any of the accommodations, advantages,
facilities or privileges thereof, including the extension of credit, or,
directly or indirectly, to publish, circulate, issue, display,  post  or

S. 1506                            119                           A. 2006

mail  any  written or printed communication, notice or advertisement, to
the effect that any of the accommodations,  advantages,  facilities  and
privileges  of  any such place shall be refused, withheld from or denied
to  any person on account of race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  sex,  [or]
disability or marital status, or that the patronage or custom thereat of
any  person of or purporting to be of any particular race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military status, sex or marital status, or having a disability is unwel-
come, objectionable or not acceptable, desired or solicited.
  §  7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
to read as follows:
  (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of  persons  such  housing  accommodations
because  of  the race, creed, color, disability, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
marital  status,  or  familial  status  of such person or persons, or to
represent that any housing accommodation or land is  not  available  for
inspection, sale, rental or lease when in fact it is so available.
  (b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION,  military status, age, sex, marital status, or
familial status in the terms, conditions or privileges of any  publicly-
assisted  housing  accommodations  or in the furnishing of facilities or
services in connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin,  sexual  orien-
tation,  GENDER  IDENTITY OR EXPRESSION, membership in the reserve armed
forces of the United States or in the organized militia  of  the  state,
age, sex, marital status, or familial status of a person seeking to rent
or lease any publicly-assisted housing accommodation; provided, however,
that  nothing in this subdivision shall prohibit a member of the reserve
armed forces of the United States or in the  organized  militia  of  the
state from voluntarily disclosing such membership.
  (c-1)  To  print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for the purchase, rental or lease of such housing accommodation or
to make any  record  or  inquiry  in  connection  with  the  prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses, directly or  indirectly,  any  limitation,  specification  or
discrimination  as to race, creed, color, national origin, sexual orien-
tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
bility,  marital  status,  or familial status, or any intent to make any
such limitation, specification or discrimination.
  § 8. Subdivision 3-b of section 296 of the executive law,  as  amended
by chapter 106 of the laws of 2003, is amended to read as follows:
  3-b.  It  shall  be  an  unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent  thereof  or
any  other  individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the  composition
with respect to race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital

S. 1506                            120                           A. 2006

status,  or  familial  status  of  the owners or occupants in the block,
neighborhood or area in which the  real  property  is  located,  and  to
represent,  directly  or indirectly, that this change will or may result
in  undesirable consequences in the block, neighborhood or area in which
the real property is located, including but not limited to the  lowering
of  property values, an increase in criminal or anti-social behavior, or
a decline in the quality of schools or other facilities.
  § 9. Subdivision 4 of section 296 of the executive law, as amended  by
chapter 106 of the laws of 2003, is amended to read as follows:
  4.  It  shall  be an unlawful discriminatory practice for an education
corporation or association which holds itself out to the  public  to  be
non-sectarian  and  exempt  from  taxation pursuant to the provisions of
article four of the real property tax law to deny the use of its facili-
ties to any person otherwise qualified, or to permit the  harassment  of
any  student or applicant, by reason of his race, color, religion, disa-
bility,  national  origin,  sexual  orientation,  GENDER   IDENTITY   OR
EXPRESSION, military status, sex, age or marital status, except that any
such  institution  which  establishes or maintains a policy of educating
persons of one sex exclusively may admit students of only one sex.
  § 10. Subdivision 5 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  5. (a) It shall be an unlawful discriminatory practice for the  owner,
lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
having the right  to  sell,  rent  or  lease  a  housing  accommodation,
constructed or to be constructed, or any agent or employee thereof:
  (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of  the  race, creed, color, national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
status,  or  familial  status of such person or persons, or to represent
that any housing accommodation or land is not available for  inspection,
sale, rental or lease when in fact it is so available.
  (2)  To discriminate against any person because of race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  sex,  age,  disability,  marital  status, or familial
status in the terms, conditions or privileges of  the  sale,  rental  or
lease  of any such housing accommodation or in the furnishing of facili-
ties or services in connection therewith.
  (3) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation  or
to  make  any  record  or  inquiry  in  connection  with the prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, marital status, or familial status, or any intent  to  make  any
such limitation, specification or discrimination.
  The provisions of this paragraph (a) shall not apply (1) to the rental
of a housing accommodation in a building which contains housing accommo-
dations  for  not  more  than  two families living independently of each
other, if the owner resides in one of such housing  accommodations,  (2)
to the restriction of the rental of all rooms in a housing accommodation
to  individuals  of the same sex or (3) to the rental of a room or rooms
in a housing accommodation, if such rental is by  the  occupant  of  the
housing  accommodation  or by the owner of the housing accommodation and

S. 1506                            121                           A. 2006

the owner resides in such  housing  accommodation  or  (4)  solely  with
respect  to  age  and  familial  status  to the restriction of the sale,
rental or lease of housing accommodations exclusively to persons  sixty-
two  years  of  age  or  older and the spouse of any such person, or for
housing intended and operated for  occupancy  by  at  least  one  person
fifty-five  years of age or older per unit. In determining whether hous-
ing is intended and operated for occupancy by persons  fifty-five  years
of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
  (b)  It  shall  be  an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or  other  person  having  the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
  (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because  of
the  race,  creed,  color,  national  origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
status,  or  familial  status of such person or persons, or to represent
that any housing accommodation or land is not available for  inspection,
sale, rental or lease when in fact it is so available;
  (2)  To discriminate against any person because of race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  sex,  age,  disability,  marital  status, or familial
status in the terms, conditions or privileges of  the  sale,  rental  or
lease  of  any  such  land  or commercial space; or in the furnishing of
facilities or services in connection therewith;
  (3) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial  space
or  to  make  any  record  or inquiry in connection with the prospective
purchase, rental or  lease  of  such  land  or  commercial  space  which
expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, marital status, or familial status; or any intent  to  make  any
such limitation, specification or discrimination.
  (4)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease  of  land  or  commercial  space exclusively to persons fifty-five
years of age or older and the spouse of  any  such  person,  or  to  the
restriction  of  the  sale,  rental  or lease of land to be used for the
construction, or location  of  housing  accommodations  exclusively  for
persons  sixty-two  years  of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age  or  older  per
unit.  In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
(42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
  (c) It shall be an  unlawful  discriminatory  practice  for  any  real
estate broker, real estate salesperson or employee or agent thereof:
  (1)  To  refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or  to  refuse  to
negotiate  for  the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of  persons  because  of
the  race,  creed,  color,  national  origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital

S. 1506                            122                           A. 2006

status,  or  familial  status of such person or persons, or to represent
that any housing accommodation, land or commercial space is  not  avail-
able  for inspection, sale, rental or lease when in fact it is so avail-
able,  or  otherwise to deny or withhold any housing accommodation, land
or commercial space or any facilities of any housing accommodation, land
or commercial space from any person or group of persons because  of  the
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military status, sex, age, disability, marital status, or
familial status of such person or persons.
  (2)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for  the  purchase,  rental or lease of any housing accommodation,
land or commercial space or to make any record or inquiry in  connection
with  the  prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or  indirect-
ly,  any limitation, specification, or discrimination as to race, creed,
color,  national  origin,  sexual  orientation,   GENDER   IDENTITY   OR
EXPRESSION,  military  status,  sex, age, disability, marital status, or
familial status; or any intent to make any such  limitation,  specifica-
tion or discrimination.
  (3)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease of any HOUSING ACCOMMODATION, land or commercial space exclusively
to  persons  fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any  hous-
ing accommodation or land to be used for the construction or location of
housing  accommodations  for persons sixty-two years of age or older, or
intended and operated for occupancy by at least  one  person  fifty-five
years  of  age  or  older  per  unit.  In determining whether housing is
intended and operated for occupancy by persons fifty-five years  of  age
or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
  (d) It shall be an  unlawful  discriminatory  practice  for  any  real
estate board, because of the race, creed, color, national origin, sexual
orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
disability, marital status, or familial status of any individual who  is
otherwise  qualified for membership, to exclude or expel such individual
from membership, or to  discriminate  against  such  individual  in  the
terms, conditions and privileges of membership in such board.
  (e)  It  shall  be  an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person  having  the  right  to
provide care and services in, a private proprietary nursing home, conva-
lescent  home,  or home for adults, or an intermediate care facility, as
defined  in  section  two  of  the  social  services   law,   heretofore
constructed,  or to be constructed, or any agent or employee thereof, to
refuse to provide services and care in such  home  or  facility  to  any
individual  or  to  discriminate  against  any  individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph,  a  "blind
person" shall mean a person who is registered as a blind person with the
commission  for the visually handicapped and who meets the definition of
a "blind person" pursuant to  section  three  of  chapter  four  hundred
fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".

S. 1506                            123                           A. 2006

  (f) The provisions of this subdivision, as they relate to  age,  shall
not apply to persons under the age of eighteen years.
  (g)  It  shall  be  an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or  commercial  space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or  cause  to  be  made any written or oral inquiry or record concerning
membership of any person in the state organized militia in  relation  to
the  purchase,  rental  or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing  in  this  subdivision
shall  prohibit a member of the state organized militia from voluntarily
disclosing such membership.
  § 11. Paragraph (a) of subdivision 9 of section 296 of  the  executive
law,  as  amended by chapter 365 of the laws of 2015, is amended to read
as follows:
  (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power  of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to  deny  to  any  individual
membership  in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire  depart-
ment  or  fire  company  therein,  because  of  the  race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status, sex, marital status, or familial status, of such indi-
vidual.
  § 12. Subdivision 13 of section 296 of the executive law,  as  amended
by chapter 365 of the laws of 2015, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation,  GENDER  IDENTITY  OR
EXPRESSION,  military  status,  sex,  disability, or familial status, of
such person, or of such person's partners, members, stockholders, direc-
tors, officers, managers, superintendents, agents,  employees,  business
associates,  suppliers  or customers, or (ii) for any person wilfully to
do any act or refrain from doing any act which enables any  such  person
to take such action. This subdivision shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  §  13.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 106 of the laws of 2003, are amended  to  read  as
follows:
  1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
  a.  In  the  case  of  applications  for  credit  with  respect to the
purchase, acquisition, construction, rehabilitation, repair  or  mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate  against  any  such  applicant  because of the race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  age,  sex,  marital  status,  disability, or familial
status of such applicant  or  applicants  or  any  member,  stockholder,
director, officer or employee of such applicant or applicants, or of the
prospective  occupants or tenants of such housing accommodation, land or
commercial space, in the granting, withholding, extending  or  renewing,
or in the fixing of the rates, terms or conditions of, any such credit;

S. 1506                            124                           A. 2006

  b.  To  discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form  of
credit,  on  the  basis  of  race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
marital status, disability, or familial status;
  c. To use any form of application for credit or use or make any record
or  inquiry  which  expresses,  directly  or indirectly, any limitation,
specification, or discrimination as  to  race,  creed,  color,  national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, age, sex, marital status, disability, or familial status;
  d. To make any inquiry of an applicant concerning his or her  capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
  e.  To  refuse  to  consider  sources  of  an applicant's income or to
subject an applicant's income to  discounting,  in  whole  or  in  part,
because  of  an  applicant's race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
marital status, childbearing potential, disability, or familial status;
  f.  To  discriminate  against  a  married  person  because such person
neither uses nor is known by the surname of his or her spouse.
  This paragraph shall not apply to any situation where  the  use  of  a
surname would constitute or result in a criminal act.
  2. Without limiting the generality of subdivision one of this section,
it  shall  be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, sexual  orien-
tation,  GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari-
tal status or disability, or familial status, (i) an applicant or  class
of  applicants  is denied credit in circumstances where other applicants
of like overall credit worthiness are granted credit,  or  (ii)  special
requirements  or conditions, such as requiring co-obligors or reapplica-
tion upon marriage, are imposed upon an applicant or class of applicants
in circumstances  where  similar  requirements  or  conditions  are  not
imposed upon other applicants of like overall credit worthiness.
  3.  It  shall  not  be  considered  discriminatory if credit differen-
tiations or decisions are based upon  factually  supportable,  objective
differences  in applicants' overall credit worthiness, which may include
reference to such factors as current income,  assets  and  prior  credit
history  of  such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that  no  creditor  shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics  or  assumptions  relating  to  race,  creed, color, national
origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
status,  sex,  marital status or disability, or to the likelihood of any
group of persons bearing or rearing children, or for that reason receiv-
ing diminished or interrupted income in the future.
  § 14. Paragraph (b) of subdivision 2 of section 296-b of the executive
law, as added by chapter 481 of the laws of 2010, is amended to read  as
follows:
  (b) Subject a domestic worker to unwelcome harassment based on gender,
race,  religion,  SEXUAL  ORIENTATION,  GENDER IDENTITY OR EXPRESSION or
national origin, where such harassment has  the  purpose  or  effect  of
unreasonably interfering with an individual's work performance by creat-
ing an intimidating, hostile, or offensive working environment.
  § 15. Section 40-c of the civil rights law, as amended by chapter 2 of
the laws of 2002, is amended to read as follows:

S. 1506                            125                           A. 2006

  § 40-c. Discrimination. 1. All persons within the jurisdiction of this
state  shall  be  entitled  to  the equal protection of the laws of this
state or any subdivision thereof.
  2.  No  person  shall, because of race, creed, color, national origin,
sex, marital status, sexual orientation, GENDER IDENTITY OR  EXPRESSION,
or disability, as such term is defined in section two hundred ninety-two
of  the  executive law, be subjected to any discrimination in his or her
civil rights, or to any harassment, as defined in section 240.25 of  the
penal  law, in the exercise thereof, by any other person or by any firm,
corporation or institution, or by the state or any agency or subdivision
of the state.
  § 16. Paragraph (a) of subdivision 1 of section 313 of  the  education
law,  as amended by chapter 2 of the laws of 2002, is amended to read as
follows:
  (a) It is hereby declared to be the policy of the state that the Amer-
ican ideal of equality of opportunity requires that students,  otherwise
qualified,  be  admitted to educational institutions and be given access
to all the educational programs and courses operated or provided by such
institutions without regard to race, color, sex, religion, creed,  mari-
tal  status,  age,  sexual orientation as defined in section two hundred
ninety-two of the  executive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS
DEFINED  IN  SECTION  TWO  HUNDRED  NINETY-TWO  OF THE EXECUTIVE LAW, or
national origin, except that, with regard to religious or denominational
educational institutions, students, otherwise qualified, shall have  the
equal  opportunity  to  attend therein without discrimination because of
race, color, sex, marital status, age, sexual orientation as defined  in
section  two hundred ninety-two of the executive law, GENDER IDENTITY OR
EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
LAW, or national origin. It is a fundamental American right for  members
of various religious faiths to establish and maintain educational insti-
tutions  exclusively  or  primarily  for students of their own religious
faith or to effectuate the religious principles in furtherance of  which
they  are  maintained.  Nothing herein contained shall impair or abridge
that right.
  § 17. Subdivision 3 of section 313 of the education law, as amended by
chapter 2 of the laws of 2002, is amended to read as follows:
  (3) Unfair educational practices. It shall be  an  unfair  educational
practice for an educational institution after September fifteenth, nine-
teen hundred forty-eight:
  (a)  To  exclude or limit or otherwise discriminate against any person
or persons seeking admission as students to such institution or  to  any
educational  program  or course operated or provided by such institution
because of race, religion, creed, sex, color, marital status, age, sexu-
al orientation as defined in section two hundred ninety-two of the exec-
utive law, GENDER IDENTITY OR  EXPRESSION  AS  DEFINED  IN  SECTION  TWO
HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
nothing in this section shall be deemed to affect, in any way, the right
of  a  religious or denominational educational institution to select its
students exclusively or primarily  from  members  of  such  religion  or
denomination or from giving preference in such selection to such members
or  to  make  such  selection  of  its students as is calculated by such
institution to promote the religious principles for which it  is  estab-
lished  or  maintained. Nothing herein contained shall impair or abridge
the right of an independent institution, which establishes or  maintains
a  policy of educating persons of one sex exclusively, to admit students
of only one sex.

S. 1506                            126                           A. 2006

  (b) To penalize any individual because he or she has initiated, testi-
fied, participated or assisted in any proceedings under this section.
  (c)  To  accept any endowment or gift of money or property conditioned
upon teaching the doctrine of supremacy of any particular race.
  (d) With respect to any individual who withdraws  from  attendance  to
serve on active duty in the armed forces of the United States in time of
war,  including  any individual who withdrew from attendance on or after
August second, nineteen hundred ninety to serve on active  duty  in  the
armed  forces  of the United States in the Persian Gulf conflict: (i) to
deny or limit the readmission of such individual to such institution  or
to any educational program or course operated or provided by such insti-
tution  because  of  such  withdrawal  from attendance or because of the
failure to complete any educational program or course due to such  with-
drawal;  (ii)  to  impose any academic penalty on such person because of
such withdrawal or because of the failure to  complete  any  educational
program  or  course due to such withdrawal; (iii) to reduce or eliminate
any financial aid award granted to such individual which  could  not  be
used,  in  whole  or  part, because of such withdrawal or because of the
failure to complete any educational program or course due to such  with-
drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
fees paid by such individual for  any  semester,  term  or  quarter  not
completed  because  of  such  withdrawal  or  because  of the failure to
complete any program or course due to such withdrawal.
  (e) It shall not be an unfair educational practice for any educational
institution to use criteria  other  than  race,  religion,  creed,  sex,
color, marital status, age, sexual orientation as defined in section two
hundred  ninety-two  of the executive law, GENDER IDENTITY OR EXPRESSION
AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE  EXECUTIVE  LAW,  or
national  origin  in the admission of students to such institution or to
any of the educational programs and courses operated or provided by such
institution.
  § 18. Section 485.00 of the penal law, as added by chapter 107 of  the
laws of 2000, is amended to read as follows:
§ 485.00 Legislative findings.
  The legislature finds and determines as follows: criminal acts involv-
ing  violence,  intimidation and destruction of property based upon bias
and prejudice have become more prevalent in New  York  state  in  recent
years.    The  intolerable  truth  is that in these crimes, commonly and
justly referred to as "hate crimes", victims are intentionally selected,
in whole or in part, because of  their  race,  color,  national  origin,
ancestry,  gender,  GENDER  IDENTITY  OR EXPRESSION, religion, religious
practice, age, disability or sexual orientation.  Hate  crimes  do  more
than  threaten  the  safety and welfare of all citizens. They inflict on
victims incalculable physical and emotional damage and tear at the  very
fabric  of  free  society.  Crimes  motivated by invidious hatred toward
particular groups not only harm individual victims but send  a  powerful
message of intolerance and discrimination to all members of the group to
which the victim belongs.  Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic  processes.    In  a  democratic  society, citizens cannot be
required to approve of the beliefs and practices  of  others,  but  must
never  commit  criminal  acts  on  account of them. Current law does not
adequately recognize the harm to public order and individual safety that
hate crimes cause. Therefore, our laws must be strengthened  to  provide
clear  recognition  of  the  gravity  of  hate crimes and the compelling
importance of preventing their recurrence.

S. 1506                            127                           A. 2006

  Accordingly, the legislature  finds  and  declares  that  hate  crimes
should be prosecuted and punished with appropriate severity.
  §  19.  Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
added by chapter 107 of the  laws  of  2000,  are  amended  to  read  as
follows:
  1.  A  person  commits a hate crime when he or she commits a specified
offense and either:
  (a) intentionally selects the  person  against  whom  the  offense  is
committed  or  intended  to be committed in whole or in substantial part
because of a belief or perception regarding the  race,  color,  national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious  practice,  age,  disability  or  sexual  orientation of a person,
regardless of whether the belief or perception is correct, or
  (b) intentionally commits the act or acts constituting the offense  in
whole or in substantial part because of a belief or perception regarding
the  race,  color, national origin, ancestry, gender, GENDER IDENTITY OR
EXPRESSION, religion, religious  practice,  age,  disability  or  sexual
orientation  of a person, regardless of whether the belief or perception
is correct.
  2. Proof of race, color, national  origin,  ancestry,  gender,  GENDER
IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and  the  victim  does  not,  by  itself,  constitute legally sufficient
evidence satisfying the people's burden under paragraph (a)  or  (b)  of
subdivision one of this section.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b)  the  term "disability" means a physical or mental impairment that
substantially limits a major life activity[.];
  (C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A  PERSON'S  ACTUAL
OR  PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,
OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
  § 20. Subdivision 3 of section 240.30 of the penal law, as amended  by
chapter 188 of the laws of 2014, is amended to read as follows:
  3. With the intent to harass, annoy, threaten or alarm another person,
he  or  she strikes, shoves, kicks, or otherwise subjects another person
to physical contact, or attempts or threatens to do the same because  of
a  belief  or  perception  regarding such person's race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability or  sexual  orientation,  regardless  of
whether the belief or perception is correct; or
  §  21.  The  opening  paragraph of section 240.31 of the penal law, as
amended by chapter 49 of the  laws  of  2006,  is  amended  to  read  as
follows:
  A  person  is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person,  because
of  a belief or perception regarding such person's race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability or  sexual  orientation,  regardless  of
whether the belief or perception is correct, he or she:
  §  22.  Section  240.00  of  the  penal law is amended by adding a new
subdivision 7 to read as follows:
  7.  "GENDER  IDENTITY  OR  EXPRESSION"  MEANS  A  PERSON'S  ACTUAL  OR
PERCEIVED  GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR

S. 1506                            128                           A. 2006

OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE  SEX  ASSIGNED  TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
  § 23. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
to read as follows:
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the  defendant  or  defendants
intentionally selected the person against whom the offense was committed
or  intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because  of  a
belief  or perception regarding the race, color, national origin, ances-
try, gender, GENDER IDENTITY OR EXPRESSION,  religion,  religious  prac-
tice, age, disability or sexual orientation of a person; and
  §  24.  This act shall take effect on the thirtieth day after it shall
have become a law; provided, however,  that  sections  eighteen  through
twenty-three of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

                                 PART S

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
  35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
  (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE  PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE
PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
  (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
  § 2. Subdivision 4 of section 296 of the executive law, as amended  by
chapter 106 of the laws of 2003, is amended to read as follows:
  4.  It  shall be an unlawful discriminatory practice for an [education
corporation or association which holds itself out to the  public  to  be
non-sectarian  and  exempt  from  taxation pursuant to the provisions of
article four of the real property tax law]  EDUCATIONAL  INSTITUTION  to
deny  the use of its facilities to any person otherwise qualified, or to
permit the harassment of any student or  applicant,  by  reason  of  his
race,  color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status, except that any such insti-
tution which establishes or maintains a policy of educating  persons  of
one sex exclusively may admit students of only one sex.
  § 3. This act shall take effect immediately.

                                 PART T

  Section  1.  Short  title. This act shall be known and may be cited as
the "Lawful Source of Income Non-Discrimination Act of 2019".
  § 2. Section 292 of the executive law  is  amended  by  adding  a  new
subdivision 35 to read as follows:
  35.  THE  TERM  "LAWFUL  SOURCE  OF  INCOME" SHALL INCLUDE, BUT NOT BE
LIMITED TO,  CHILD  SUPPORT,  ALIMONY,  FOSTER  CARE  SUBSIDIES,  INCOME
DERIVED  FROM  SOCIAL  SECURITY, OR ANY FORM OF FEDERAL, STATE, OR LOCAL
PUBLIC ASSISTANCE OR HOUSING ASSISTANCE INCLUDING, BUT NOT  LIMITED  TO,
SECTION  8  VOUCHERS, OR ANY OTHER FORM OF HOUSING ASSISTANCE PAYMENT OR
CREDIT WHETHER OR NOT SUCH  INCOME  OR  CREDIT  IS  PAID  OR  ATTRIBUTED
DIRECTLY TO A LANDLORD, AND ANY OTHER FORMS OF LAWFUL INCOME.

S. 1506                            129                           A. 2006

  §  3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
to read as follows:
  (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of  persons  such  housing  accommodations
because  of  the race, creed, color, disability, national origin, sexual
orientation, military status, age, sex, marital status, LAWFUL SOURCE OF
INCOME or familial status of such person or  persons,  or  to  represent
that  any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
  (b) To discriminate against any person because of  his  or  her  race,
creed,  color, disability, national origin, sexual orientation, military
status, age, sex, marital status, LAWFUL SOURCE OF  INCOME  or  familial
status  in  the terms, conditions or privileges of any publicly-assisted
housing accommodations or in the furnishing of facilities or services in
connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin,  sexual  orien-
tation,  membership  in the reserve armed forces of the United States or
in the organized militia of the state, age, sex, marital status,  LAWFUL
SOURCE OF INCOME or familial status of a person seeking to rent or lease
any  publicly-assisted  housing  accommodation;  provided, however, that
nothing in this subdivision shall prohibit a member of the reserve armed
forces of the United States or in the organized  militia  of  the  state
from voluntarily disclosing such membership.
  (c-1)  To  print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for the purchase, rental or lease of such housing accommodation or
to make any  record  or  inquiry  in  connection  with  the  prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses, directly or  indirectly,  any  limitation,  specification  or
discrimination  as to race, creed, color, national origin, sexual orien-
tation, military status, sex, age, disability,  marital  status,  LAWFUL
SOURCE  OF  INCOME  or  familial  status, or any intent to make any such
limitation, specification or discrimination.
  § 4. Subparagraphs 1, 2 and 3 of paragraph (a)  of  subdivision  5  of
section  296 of the executive law, as amended by chapter 106 of the laws
of 2003, are amended to read as follows:
  (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual orientation, military
status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or
familial status of such person or persons,  or  to  represent  that  any
housing  accommodation  or  land  is not available for inspection, sale,
rental or lease when in fact it is so available.
  (2) To discriminate against any person because of race, creed,  color,
national origin, sexual orientation, military status, sex, age, disabil-
ity,  marital  status, LAWFUL SOURCE OF INCOME or familial status in the
terms, conditions or privileges of the sale, rental or lease of any such
housing accommodation or in the furnishing of facilities or services  in
connection therewith.
  (3)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for the purchase, rental or lease of such housing accommodation or
to make any  record  or  inquiry  in  connection  with  the  prospective

S. 1506                            130                           A. 2006

purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses, directly or  indirectly,  any  limitation,  specification  or
discrimination  as to race, creed, color, national origin, sexual orien-
tation,  military  status,  sex, age, disability, marital status, LAWFUL
SOURCE OF INCOME or familial status, or any  intent  to  make  any  such
limitation, specification or discrimination.
  §  5.  Subparagraphs  1  and  2  of  paragraph (c) of subdivision 5 of
section 296 of the executive law, as amended by chapter 106 of the  laws
of 2003, are amended to read as follows:
  (1)  To  refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or  to  refuse  to
negotiate  for  the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of  persons  because  of
the  race,  creed,  color, national origin, sexual orientation, military
status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or
familial status of such person or persons,  or  to  represent  that  any
housing  accommodation,  land  or  commercial space is not available for
inspection, sale, rental or lease when in fact it is  so  available,  or
otherwise to deny or withhold any housing accommodation, land or commer-
cial  space  or  any  facilities  of  any housing accommodation, land or
commercial space from any person or group  of  persons  because  of  the
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, sex, age, disability, marital status, LAWFUL SOURCE  OF  INCOME,
or familial status of such person or persons.
  (2)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for  the  purchase,  rental or lease of any housing accommodation,
land or commercial space or to make any record or inquiry in  connection
with  the  prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or  indirect-
ly,  any limitation, specification, or discrimination as to race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability,  marital status, LAWFUL SOURCE OF INCOME or familial status;
or any intent to make any such limitation,  specification  or  discrimi-
nation.
  §  6.  Paragraph  (d) of subdivision 5 of section 296 of the executive
law, as amended by chapter 106 of the laws of 2003, amended to  read  as
follows:
  (d)  It  shall  be  an  unlawful  discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, military status,  age,  sex,  disability,  marital  status,
LAWFUL  SOURCE  OF  INCOME  or  familial status of any individual who is
otherwise qualified for membership, to exclude or expel such  individual
from  membership,  or  to  discriminate  against  such individual in the
terms, conditions and privileges of membership in such board.
  § 7. This act shall take effect immediately and  shall  apply  to  all
causes of action filed on or after such effective date.

                                 PART U

  Section  1.  Subdivision 2 of section 7-108 of the general obligations
law is amended by adding a new paragraph (f) to read as follows:
  (F) EXCEPT IN INSTANCES WHERE STATUTES OR REGULATIONS  PROVIDE  FOR  A
LESSER  PAYMENT, FEE, DEPOSIT OR CHARGE, NO LANDLORD, LESSOR, SUB-LESSOR
OR GRANTOR MAY DEMAND ANY PAYMENT, FEE, DEPOSIT, OR  CHARGE,  INCLUDING,
BUT NOT LIMITED TO, ANY PAYMENT, FEE, DEPOSIT, OR CHARGE THAT IS IMPOSED

S. 1506                            131                           A. 2006

AT THE BEGINNING OF THE TENANCY TO BE USED TO REIMBURSE THE LANDLORD FOR
COSTS  ASSOCIATED  WITH PROCESSING A NEW TENANT OR THAT IS IMPOSED AS AN
ADVANCE PAYMENT OF RENT, USED OR TO BE USED FOR ANY PURPOSE, INCLUDING A
SECURITY  DEPOSIT, IN AN AMOUNT OR VALUE IN EXCESS OF AN AMOUNT EQUAL TO
TWO MONTHS' RENT, INCLUDING THE FIRST MONTH'S RENT.
  § 2. This act shall take effect immediately.

                                 PART V

  Section 1. Section 300 of the executive law, as amended by chapter 166
of the laws of 2000, is amended to read as follows:
  § 300. Construction. The provisions of this article shall be construed
liberally for the  accomplishment  of  the  purposes  thereof.  JUDICIAL
INTERPRETATIONS  OF  SIMILARLY WORDED PROVISIONS OF FEDERAL CIVIL RIGHTS
LAWS ARE NOT CONTROLLING. SUCH INTERPRETATIONS OF FEDERAL  CIVIL  RIGHTS
LAWS ESTABLISH A FLOOR BELOW WHICH INTERPRETATION OF THIS ARTICLE CANNOT
FALL,  RATHER  THAN A CEILING ABOVE WHICH INTERPRETATION OF THIS ARTICLE
CANNOT RISE. Nothing contained in this article shall be deemed to repeal
any of the provisions of the civil rights law or any other law  of  this
state  relating  to  discrimination  because  of  race,  creed, color or
national origin; but, as  to  acts  declared  unlawful  by  section  two
hundred ninety-six of this article, the procedure herein provided shall,
while  pending,  be exclusive; and the final determination therein shall
exclude any other STATE CIVIL action[, civil or criminal,] based on  the
same  grievance  of  the individual concerned. If such individual insti-
tutes any action based on such grievance without resorting to the proce-
dure provided in this article, he or she may not subsequently resort  to
the procedure herein.
  § 2. Subdivision 21 of section 296 of the executive law, as renumbered
by  chapter  536 of the laws of 2010, is renumbered subdivision 22 and a
new subdivision 21 is added to read as follows:
  21. HARASSMENT ON THE BASIS OF  ANY  PROTECTED  CHARACTERISTIC  IS  AN
UNLAWFUL  DISCRIMINATORY  PRACTICE  IN  ANY  AREA OF JURISDICTION AS SET
FORTH IN THIS ARTICLE. HARASSMENT INCLUDES THE  TYPES  OF  ACTIONS  THAT
HAVE  BEEN  FOUND  BY  THE  COURTS  TO CREATE A HOSTILE ENVIRONMENT OR A
TANGIBLE JOB DETRIMENT. SUCH  ACTIONS  ARE  AN  UNLAWFUL  DISCRIMINATORY
PRACTICE  WHEN  THEY  RESULT IN A PERSON OR PERSONS BEING TREATED NOT AS
WELL AS OTHERS BECAUSE OF A PROTECTED CHARACTERISTIC. HARASSMENT IS  NOT
LIMITED  ONLY  TO THOSE ACTIONS THAT ARE SEVERE OR PERVASIVE. HARASSMENT
DOES NOT INCLUDE WHAT A REASONABLE PERSON WITH THE SAME PROTECTED  CHAR-
ACTERISTIC WOULD CONSIDER PETTY SLIGHTS OR TRIVIAL INCONVENIENCES.
  § 3. Section 5-336 of the general obligations law, as added by section
1  of subpart D of part KK of chapter 57 of the laws of 2018, is amended
to read as follows:
  § 5-336. Nondisclosure agreements. 1. Notwithstanding any other law to
the contrary, no employer, its officers  or  employees  shall  have  the
authority to include or agree to include in any settlement, agreement or
other resolution of any claim, the factual foundation for which involves
sexual  harassment, any term or condition that would prevent the disclo-
sure of the underlying facts and circumstances to the  claim  or  action
unless the condition of confidentiality is the complainant's preference.
Any  such  term  or  condition  must be provided to all parties, and the
complainant shall have twenty-one days to consider such term  or  condi-
tion.   If   after  twenty-one  days  such  term  or  condition  is  the
complainant's preference, such preference shall be  memorialized  in  an
agreement  signed  by  all  parties. For a period of at least seven days

S. 1506                            132                           A. 2006

following the execution of such agreement, the  complainant  may  revoke
the  agreement,  and  the  agreement  shall  not  become effective or be
enforceable until such revocation period has expired.
  2.  NOTWITHSTANDING  ANY OTHER LAW TO THE CONTRARY, ANY PROVISION IN A
CONTRACT OR OTHER AGREEMENT BETWEEN  AN  EMPLOYER  OR  AN  AGENT  OF  AN
EMPLOYER AND ANY EMPLOYEE OR POTENTIAL EMPLOYEE OF THAT EMPLOYER ENTERED
INTO  ON  OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, THAT PREVENTS THE
DISCLOSURE OF FACTUAL INFORMATION RELATED TO ANY FUTURE CLAIM OF  SEXUAL
HARASSMENT,  ASSAULT,  OR DISCRIMINATION IS VOID OR UNENFORCEABLE UNLESS
SUCH PROVISION INCLUDES LANGUAGE ENSURING THAT THE PARTIES TO THE AGREE-
MENT STILL HAVE THE RIGHT TO FILE A COMPLAINT ABOUT SUCH FACTUAL  INFOR-
MATION  WITH  A  STATE OR LOCAL AGENCY, AND TESTIFY OR OTHERWISE PARTIC-
IPATE IN A GOVERNMENT INVESTIGATION.
  § 4. Subdivision 3 of section 201-g of the  labor  law  is  renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
  3.  THE  DEPARTMENT SHALL CONSULT WITH THE DIVISION OF HUMAN RIGHTS TO
PRODUCE AND DISTRIBUTE A WORKPLACE SEXUAL HARASSMENT PREVENTION POSTER.
  A. SUCH POSTER SHALL  INCLUDE  AN  EXPLANATION  OF  SEXUAL  HARASSMENT
CONSISTENT  WITH  GUIDANCE ISSUED BY THE DEPARTMENT IN CONSULTATION WITH
THE DIVISION OF  HUMAN  RIGHTS  AND  INFORMATION  CONCERNING  EMPLOYEES'
RIGHTS OF REDRESS AND ALL AVAILABLE FORUMS FOR ADJUDICATING COMPLAINTS.
  B.  EVERY  EMPLOYER  SHALL POST SUCH POSTER OR A POSTER THAT EQUALS OR
EXCEEDS THE MINIMUM STANDARDS OF SUCH POSTER IN A CONSPICUOUS LOCATION.
  § 5. This act shall take effect January 1, 2020.

                                 PART W

  Section 1. This act shall be known and may be cited  as  the  "pension
poaching prevention act".
  §  2.  Legislative findings and intent. Nationally, veterans and their
family members are often subject to a practice commonly  called  pension
poaching.  This  troubling practice, as described in recent reports from
the Federal Trade  Commission,  the  Federal  Government  Accountability
Office,  the  United  States Department of Veterans Affairs, and several
other entities, generally target elderly or disabled veterans and  their
family  members. Pension poaching involves dishonest financial planners,
insurance agents, and other  professionals  luring  veterans  and  their
family  members to pay substantial funds for veterans' benefits services
that the offering entity is unqualified to provide and that  can  detri-
mentally  impact  the future financial situations of the veteran and his
or her dependents.
  Entities engaging in pension poaching tend to use high-pressure  sales
tactics  directed toward potential customers, falsely guaranteeing bene-
fits for veterans and their families even when  the  advertising  entity
lacks  the federal accreditation required by law to file such claims and
appeals for federal veterans' benefits. Often,  they  persuade  veterans
and their family members to abruptly move most or all of their assets to
potentially  qualify  for  certain federal veterans benefits, frequently
causing veterans and their family members to  unwittingly  lose  control
over  their  assets  and adversely affecting the ability of veterans and
their families to qualify for Medicaid and other important  benefits  in
the  future.  These  entities  frequently charge extremely high fees for
these services, even in matters where federal  law  expressly  prohibits
such fees.
  Through  this  legislation,  the  legislature intends to restrain this
harmful and deceptive practice within New York State,  providing  neces-

S. 1506                            133                           A. 2006

sary  protections  to  the  men and women of this state who courageously
served in our nation's armed forces.
  § 3. The general business law is amended by adding a new section 349-f
to read as follows:
  § 349-F. PENSION POACHING PREVENTION. 1. FOR PURPOSES OF THIS SECTION:
  (A)  THE  TERM  "VETERAN" MEANS A PERSON WHO HAS SERVED ON ACTIVE DUTY
SERVICE IN THE ARMED FORCES OF THE UNITED STATES, OR SERVICE IN THE ARMY
NATIONAL GUARD, AIR NATIONAL GUARD, COMMISSIONED OFFICER IN  THE  PUBLIC
HEALTH SERVICE, COMMISSIONED OFFICER OF THE NATIONAL OCEANIC ATMOSPHERIC
ADMINISTRATION  OR ENVIRONMENTAL SCIENCES SERVICES ADMINISTRATION, CADET
AT A UNITED STATES ARMED FORCES SERVICE ACADEMY OR PROVISIONS  UNDER  38
U.S.C.  §  106, AND WHO HAS BEEN RELEASED FROM SUCH SERVICE UNDER HONOR-
ABLE CONDITIONS.
  (B) THE TERM "VETERANS' BENEFITS MATTER" MEANS THE PREPARATION,  PRES-
ENTATION, OR PROSECUTION OF ANY CLAIM AFFECTING ANY PERSON WHO HAS FILED
OR  EXPRESSED  AN  INTENT  TO  FILE  A  CLAIM  FOR ANY BENEFIT, PROGRAM,
SERVICE, COMMODITY, FUNCTION, OR STATUS, ENTITLEMENT WHICH IS DETERMINED
UNDER THE LAWS AND REGULATIONS ADMINISTERED BY THE UNITED STATES DEPART-
MENT OF VETERANS AFFAIRS OR THE NEW YORK  STATE  DIVISION  OF  VETERANS'
AFFAIRS  PERTAINING  TO VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND
ANY OTHER PARTY ELIGIBLE FOR SUCH BENEFITS.
  (C) THE TERM "COMPENSATION" MEANS MONEY, PROPERTY, OR ANYTHING ELSE OF
VALUE.
  (D) THE TERM "ENTITY" INCLUDES, BUT IS NOT  LIMITED  TO,  ANY  NATURAL
PERSON,  CORPORATION,  TRUST,  PARTNERSHIP,  ALLIANCE, OR UNINCORPORATED
ASSOCIATION.
  2. (A) NO ENTITY SHALL RECEIVE COMPENSATION FOR ADVISING OR  ASSISTING
ANY  PARTY WITH ANY VETERANS' BENEFITS MATTER, EXCEPT AS PERMITTED UNDER
TITLE 38 OF THE UNITED STATES  CODE  AND  THE  CORRESPONDING  PROVISIONS
WITHIN TITLE 38 OF THE UNITED STATES CODE OF FEDERAL REGULATIONS.
  (B)  NO  ENTITY  SHALL RECEIVE COMPENSATION FOR REFERRING ANY PARTY TO
ANOTHER INDIVIDUAL TO ADVISE OR ASSIST THIS  PARTY  WITH  ANY  VETERANS'
BENEFITS MATTER.
  (C) ANY ENTITY SEEKING TO RECEIVE COMPENSATION FOR ADVISING OR ASSIST-
ING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER SHALL, BEFORE RENDERING
ANY  SERVICES,  MEMORIALIZE  ALL  TERMS REGARDING THE PARTY'S PAYMENT OF
FEES FOR SERVICES RENDERED  IN  A  WRITTEN  AGREEMENT,  SIGNED  BY  BOTH
PARTIES, THAT ADHERES TO ALL CRITERIA SPECIFIED WITHIN TITLE 38, SECTION
14.636, OF THE UNITED STATES CODE OF FEDERAL REGULATIONS.
  (D)  NO ENTITY SHALL RECEIVE ANY FEES FOR ANY SERVICES RENDERED BEFORE
THE DATE ON WHICH A NOTICE OF DISAGREEMENT IS FILED WITH RESPECT TO  THE
VETERAN'S CASE.
  (E) NO ENTITY SHALL GUARANTEE, EITHER DIRECTLY OR BY IMPLICATION, THAT
ANY  PARTY IS CERTAIN TO RECEIVE SPECIFIC VETERANS' BENEFITS OR THAT ANY
PARTY IS CERTAIN TO RECEIVE A SPECIFIC LEVEL, PERCENTAGE, OR  AMOUNT  OF
VETERANS' BENEFITS.
  (F)  NO ENTITY SHALL RECEIVE EXCESSIVE OR UNREASONABLE FEES AS COMPEN-
SATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY  VETERANS'  BENEFITS
MATTER.  THE  FACTORS ARTICULATED WITHIN TITLE 38, SECTION 14.636 OF THE
CODE OF FEDERAL REGULATIONS SHALL GOVERN DETERMINATIONS OF WHETHER A FEE
IS EXCESSIVE OR UNREASONABLE.
  3. (A) NO ENTITY SHALL ADVISE OR ASSIST  FOR  COMPENSATION  ANY  PARTY
WITH  ANY  VETERANS'  BENEFITS  MATTER WITHOUT CLEARLY PROVIDING, AT THE
OUTSET OF THIS BUSINESS RELATIONSHIP,  THE  FOLLOWING  DISCLOSURE,  BOTH
ORALLY AND IN WRITING: "THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED
WITH,  THE  UNITED  STATES  DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK

S. 1506                            134                           A. 2006

STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY  CHAR-
TERED VETERANS SERVICE ORGANIZATION.  OTHER ORGANIZATIONS, INCLUDING BUT
NOT  LIMITED  TO  THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR
LOCAL  COUNTY  VETERANS  SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHAR-
TERED VETERANS SERVICE ORGANIZATIONS, MAY BE ABLE TO  PROVIDE  YOU  WITH
THIS  SERVICE FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSI-
NESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE  ORGANIZATIONS.    YOU
MAY  QUALIFY  FOR OTHER VETERANS' BENEFITS BEYOND THE BENEFITS FOR WHICH
YOU ARE RECEIVING SERVICES HERE." THE WRITTEN DISCLOSURE MUST APPEAR  IN
AT  LEAST  TWELVE-POINT FONT AND MUST APPEAR IN A READILY NOTICEABLE AND
IDENTIFIABLE PLACE IN THE ENTITY'S  AGREEMENT  WITH  THE  PARTY  SEEKING
SERVICES.  THE PARTY MUST VERBALLY ACKNOWLEDGE UNDERSTANDING OF THE ORAL
DISCLOSURE AND MUST PROVIDE HIS OR HER  SIGNATURE  TO  REPRESENT  UNDER-
STANDING  OF  THESE  PROVISIONS  ON  THE  DOCUMENT  IN WHICH THE WRITTEN
DISCLOSURE APPEARS. THE ENTITY OFFERING SERVICES MUST RETAIN A  COPY  OF
THE  WRITTEN  DISCLOSURE WHILE PROVIDING VETERANS' BENEFITS SERVICES FOR
COMPENSATION TO THE PARTY AND FOR AT LEAST ONE YEAR AFTER  THE  DATE  ON
WHICH THIS SERVICE RELATIONSHIP TERMINATES.
  (B)  NO  ENTITY  SHALL ADVERTISE FOR-COMPENSATION SERVICES IN VETERANS
BENEFITS MATTERS WITHOUT INCLUDING THE FOLLOWING DISCLOSURE: "THIS BUSI-
NESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES  DEPART-
MENT  OF  VETERANS  AFFAIRS,  THE  NEW  YORK STATE DIVISION OF VETERANS'
AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE  ORGAN-
IZATION.  OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK
STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS  SERVICE
AGENCY,  AND  OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGANIZA-
TIONS, MAY BE ABLE TO PROVIDE YOU WITH THESE SERVICES  FREE  OF  CHARGE.
PRODUCTS  OR  SERVICES  OFFERED  BY  THIS  BUSINESS  ARE NOT NECESSARILY
ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETER-
ANS' BENEFITS BEYOND THE SERVICES THAT THIS  BUSINESS  OFFERS."  IF  THE
ADVERTISEMENT  IS  PRINTED,  INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS
VISIBLE TO INTERNET USERS, THE DISCLOSURE MUST APPEAR IN A READILY VISI-
BLE PLACE ON THE ADVERTISEMENT. IF  THE  ADVERTISEMENT  IS  VERBAL,  THE
SPOKEN STATEMENT OF THE DISCLOSURE MUST BE CLEAR AND INTELLIGIBLE.
  4.  (A) ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A DECEPTIVE ACT
IN THE CONDUCT OF BUSINESS, TRADE, OR COMMERCE, AND SHALL BE SUBJECT  TO
THE  PROVISIONS  OF  SECTION  THREE  HUNDRED FORTY NINE OF THIS ARTICLE,
INCLUDING ANY RIGHT OF  ACTION  AND  CORRESPONDING  PENALTIES  DESCRIBED
WITHIN SUCH SECTION.
  (B)  IF  AN ENTITY'S VIOLATION OF THIS SECTION CONCERNS A PARTY WHO IS
SIXTY-FIVE YEARS OF AGE OR OLDER, SAID ENTITY MAY BE LIABLE FOR  SUPPLE-
MENTAL  CIVIL  PENALTIES AS ESTABLISHED WITHIN, AND SUBJECT OF THE TERMS
OF, SECTION THREE HUNDRED FORTY-NINE-C OF THIS ARTICLE.
  5. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO  ANY  PERSON
OR  CIRCUMSTANCE  IS EVER HELD INVALID, THE REMAINDER OF THIS ACT OR THE
APPLICATION OF ITS PROVISIONS TO OTHER PERSONS  OR  CIRCUMSTANCES  SHALL
REMAIN UNAFFECTED.
  § 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

                                 PART X

  Section  1.  Subdivision  21-f of section 292 of the executive law, as
added by chapter 369 of the laws of 2015, is amended to read as follows:
  21-f. The term "pregnancy-related condition" means a medical condition
related to pregnancy or childbirth  that  inhibits  the  exercise  of  a

S. 1506                            135                           A. 2006

normal bodily function or is demonstrable by medically accepted clinical
or laboratory diagnostic techniques, INCLUDING BUT NOT LIMITED TO LACTA-
TION;  provided, however, that in all provisions of this article dealing
with employment, the term shall be limited to conditions which, upon the
provision  of  reasonable accommodations, do not prevent the complainant
from performing in a reasonable manner the activities  involved  in  the
job  or  occupation  sought or held; and provided further, however, that
pregnancy-related conditions shall be treated as temporary  disabilities
for the purposes of this article.
  § 2. This act shall take effect immediately.

                                 PART Y

  Section 1. The education law is amended by adding a new section 6509-e
to read as follows:
  §  6509-E.  ADDITIONAL  DEFINITION  OF PROFESSIONAL MISCONDUCT; MENTAL
HEALTH PROFESSIONALS. 1. FOR THE PURPOSES OF THIS SECTION:
  A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
PROVISIONS OF ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR
ONE HUNDRED SIXTY-THREE OF THIS TITLE; OR ANY OTHER PERSON DESIGNATED AS
A MENTAL HEALTH PROFESSIONAL PURSUANT TO LAW, RULE OR REGULATION.
  B.  "SEXUAL  ORIENTATION  CHANGE  EFFORTS" (I) MEANS ANY PRACTICE BY A
MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN  INDIVIDUAL'S  SEXUAL
ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
OR  ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX
AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
ANCE, SUPPORT AND UNDERSTANDING  OF  PATIENTS  OR  THE  FACILITATION  OF
PATIENTS'  COPING,  SOCIAL SUPPORT AND IDENTITY EXPLORATION AND DEVELOP-
MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO  PREVENT  OR
ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
TO CHANGE SEXUAL ORIENTATION.
  2.  IT  SHALL  BE  PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON  ANY  PATIENT
UNDER  THE  AGE  OF  EIGHTEEN  YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH  MISCONDUCT  UNDER  THE  PROCEDURES  PRESCRIBED  IN
SECTION  SIXTY-FIVE  HUNDRED  TEN OF THIS SUBARTICLE SHALL BE SUBJECT TO
THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED  ELEVEN  OF  THIS
SUBARTICLE.
  §  2.  The  education law is amended by adding a new section 6531-a to
read as follows:
  § 6531-A. ADDITIONAL DEFINITION  OF  PROFESSIONAL  MISCONDUCT;  MENTAL
HEALTH PROFESSIONALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A.  "MENTAL  HEALTH  PROFESSIONAL"  MEANS  A  PERSON  SUBJECT  TO  THE
PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE.
  B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS  ANY  PRACTICE  BY  A
MENTAL  HEALTH  PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL
ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS,
GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL
OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX;
AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT-
ANCE, SUPPORT AND UNDERSTANDING  OF  PATIENTS  OR  THE  FACILITATION  OF
PATIENTS'  COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOP-
MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO  PREVENT  OR

S. 1506                            136                           A. 2006

ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK
TO CHANGE SEXUAL ORIENTATION.
  2.  IT  SHALL  BE  PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON  ANY  PATIENT
UNDER  THE  AGE  OF  EIGHTEEN  YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE
TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW SHALL BE  SUBJECT  TO  THE
PENALTIES  PRESCRIBED  IN  SECTION  TWO  HUNDRED  THIRTY-A OF THE PUBLIC
HEALTH LAW, AS ADDED BY CHAPTER SIX HUNDRED SIX OF THE LAWS OF  NINETEEN
HUNDRED NINETY-ONE.
  § 3. This act shall take effect immediately.

                                 PART Z

  Section  1.  Short  title. This act shall be known and may be cited as
the "rent regulation act of 2019".
  § 2. Rent regulation act of 2019. Notwithstanding any other  provision
of  law  to  the  contrary, the New York state system of rent regulation
pursuant to chapter 576 of the laws of 1974, chapter 274 of the laws  of
1946,  chapter 329 of the laws of 1963, chapter 555 of the laws of 1982,
chapter 402 of the laws of 1983, chapter 116 of the laws  of  1997,  and
sections  26-501,  26-502,  and 26-520 of the administrative code of the
city of New York, shall be extended pursuant to a chapter of the laws of
2019. Provided, however, such extension shall  include  rent  regulation
reforms  to end vacancy decontrol, amend the application of preferential
rent, and limit capital improvement charges based on a  report  on  rent
regulation delivered to the governor by the commissioner of the division
of  housing  and community renewal ("the division") on or after March 1,
2019 which shall include (i)  the  number  of  rent  stabilized  housing
accommodations  within  the  city  of  New York; (ii) the number of rent
stabilized housing accommodations outside the city of  New  York;  (iii)
the  number of rent controlled housing accommodations in the city of New
York; (iv) the number of rent controlled housing accommodations  outside
the  city  of New York; (v) the number of applications for major capital
improvements filed with such division; (vi) the number  of  units  which
are  registered  with such division where the amount charged to and paid
by the tenant is less than the registered rent for the housing  accommo-
dation;  (vii)  for housing accommodations that are registered with such
division where the amount charged to and paid by the tenant is less than
the registered rent for the housing accommodation  the  average  of  the
difference  between  the registered rent for a housing accommodation and
the amount charged to and paid by the tenant; (viii) the number of  rent
overcharge  complaints processed by the division; and (ix) the number of
final overcharge orders granting an overcharge.
  § 3. 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.

S. 1506                            137                           A. 2006

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

A2006A - Details

See Senate Version of this Bill:: S1506
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

A2006A - Summary

A2006A - Bill Text download pdf


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

    S. 1506--A                                            A. 2006--A

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

                            January 18, 2019
                               ___________

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 a statement of the total funding allocation; to
  amend the education law, in relation to services  aid;  to  amend  the
  education law, in relation to moneys apportioned for boards of cooper-
  ative  educational  services aidable expenditures; to amend the educa-
  tion law, in relation to establishing regional STEM magnet schools; to
  amend the education law, in relation  to  supplemental  public  excess
  cost aid; to amend the education law, in relation to academic enhance-
  ment  aid; to amend the education law, in relation to high tax 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 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 the
  education law, in relation to waivers from duties; to amend the educa-
  tion law, in relation to annual teacher and principal evaluations;  to
  amend  the  education  law,  in  relation to the education of homeless
  children; to amend the education law, in relation to the suspension of
  pupils; to amend the education  law,  in  relation  to  school  safety
  plans;  to  amend  the education law, in relation to including healthy
  relationships in health education; to  amend  the  education  law,  in
  relation to authorizing and directing the commissioner of education to
  require  that  every  school  district  adopt  and distribute a policy
  regarding sex discrimination; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-02-9

S. 1506--A                          2                         A. 2006--A

  to reimbursements for the 2019-2020 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  82  of the laws of 1995, amending the education law and other
  laws relating to state aid to school districts and  the  appropriation
  of  funds for the support of government, in relation to the effective-
  ness thereof; to amend chapter 147 of the laws of 2001,  amending  the
  education  law relating to conditional appointment of school district,
  charter school or BOCES employees, in relation  to  the  effectiveness
  thereof; to amend chapter 425 of the laws of 2002, amending the educa-
  tion  law  relating  to  the  provision  of  supplemental  educational
  services, attendance at a safe public school  and  the  suspension  of
  pupils  who  bring  a  firearm to or possess a firearm at a school, in
  relation to the effectiveness thereof; to amend  chapter  101  of  the
  laws of 2003, amending the education law relating to implementation of
  the No Child Left Behind Act of 2001, in relation to the effectiveness
  thereof;  to amend 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, in relation to the effectiveness thereof; to amend chapter 345
  of the laws of 2009, amending the education law and other laws  relat-
  ing  to  the  New  York city board of education, chancellor, community
  councils, and community superintendents, in relation to the effective-
  ness thereof; 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
  552  of  the  laws  of  1995,  amending  the education law relating to
  contracts for the transportation of school children,  in  relation  to
  the  effectiveness  thereof;  to amend chapter 97 of the laws of 2011,
  amending the education law relating to census reporting,  in  relation
  to  the effectiveness thereof; in relation to school bus driver train-
  ing; in relation to special  apportionment  for  salary  expenses  and
  public  pension  accruals;  in relation to the city school district of
  the city of Rochester; in relation to total  foundation  aid  for  the
  purpose of the development, maintenance or expansion of certain magnet
  schools  or  magnet  school programs for the 2019-2020 school year; in
  relation to the support of public libraries; to repeal subparagraphs 2
  and 3 of paragraph a of subdivision 1 of section 3609-a of the  educa-
  tion  law,  relating  to  lottery  apportionment  and lottery textbook
  apportionment; and to repeal subparagraphs 1 and 2 of paragraph  b  of
  subdivision  4  of  section 92-c of the state finance law, relating to
  the state lottery fund (Part A); to amend the education law, the busi-
  ness corporation law, the partnership law and  the  limited  liability
  company  law, in relation to certified public accountants (Part B); to
  amend the education law, in relation to authorizing  school  bus  stop
  cameras;  and  to  amend  the  vehicle and traffic law, in relation to
  owner liability for operator illegally overtaking or passing a  school
  bus and increasing fines for passing a stopped school bus (Part C); to
  amend  the  education law, in relation to eligibility requirements and
  conditions governing general awards, academic performance  awards  and
  student loans; eligibility requirements for assistance under the high-
  er education opportunity programs and the collegiate science and tech-
  nology  entry  program;  the  definition  of "resident"; financial aid
  opportunities for students of the state university of  New  York,  the

S. 1506--A                          3                         A. 2006--A

  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 the education
  law relating thereto (Part D); to amend the education law, in relation
  to  the  accountability of proprietary institutions (Part E); to amend
  the state finance law, in relation to the  arts  capital  grants  fund
  (Part F); to utilize reserves in the mortgage insurance fund for vari-
  ous  housing  purposes  (Part G); to amend the social services law, in
  relation to the  initial  period  of  licensure  or  registration  and
  required  inspections,  background  clearances  and training for child
  care providers; and to repeal certain provisions of such law  relating
  thereto  (Part  H);  to  amend the social services law, in relation to
  federally required background clearances for persons working in  resi-
  dential  foster  care  programs (Part I); to amend the social services
  law,  in  relation  to  residential  programs  for  domestic  violence
  victims; and repealing certain provisions of such law relating thereto
  (Part  J);  to amend the family court act, the social services law and
  the executive law, in relation to persons in need of supervision;  and
  to repeal certain provisions of the family court act and the executive
  law  relating  thereto  (Part K); 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 L); to amend the
  social services law, in relation to appointment of a temporary  opera-
  tor  authority  (Subpart  A); and to amend part W of chapter 54 of the
  laws of 2016, amending the social services law relating to the  powers
  and  duties  of  the  commissioner  of social services relating to the
  appointment of a temporary operator, in relation to the  effectiveness
  thereof  (Subpart  B)  (Part  M); to amend the social services law, in
  relation to permitting social services districts to assign individuals
  to participate in time-limited  job  try-outs  as  an  allowable  work
  activity  leading  to  unsubsidized  employment (Part N); to amend the
  labor  law,  in  relation  to  increasing   criminal   penalties   for
  convictions of failures to pay wages (Part O); to amend the labor law,
  in  relation  to amending unemployment insurance benefits for earnings
  disregard (Part P); to amend the executive law, in relation to prohib-
  iting wage or salary history inquiries; and to amend the labor law, in
  relation to the prohibition of a differential rate of pay on the basis
  of protected class status (Part Q); to amend the  executive  law,  the
  civil  rights  law  and  the education law, in relation to prohibiting
  discrimination based on gender identity or expression;  and  to  amend
  the penal law and the criminal procedure law, in relation to including
  offenses  regarding  gender  identity or expression within the list of
  offenses subject to treatment as hate crimes (Part R);  to  amend  the
  executive  law, in relation to expanding the scope of unlawful discri-
  minatory practices to include public  educational  institutions  (Part
  S);  to  amend  the executive law, in relation to preventing discrimi-
  nation based on lawful source of income in housing (Part T); to  amend
  the  general  obligations  law,  in relation to the amount of security
  deposit that a landlord may charge a tenant (Part  U);  to  amend  the
  executive  law,  the  general  obligations  law  and the labor law, in
  relation to the implementation of sexual  harassment  protocols  (Part
  V);  to  amend  the  general business law, in relation to enacting the
  pension poaching prevention act (Part W); to amend the executive  law,
  in  relation to amending the definition of pregnancy-related condition
  (Part X); to amend the  education  law,  in  relation  to  prohibiting
  mental health professionals from engaging in sexual orientation change

S. 1506--A                          4                         A. 2006--A

  efforts  with  a patient under the age of eighteen years and expanding
  the definition of  professional  misconduct  with  respect  to  mental
  health  professionals  (Part Y); establishing the "rent regulation act
  of  2019"  (Part Z); and to amend the election law, the executive law,
  the state finance law, the labor law, the vehicle and traffic law, the
  environmental conservation law, the public  health  law,  the  general
  municipal  law,  the  military  law,  the  domestic relations law, the
  education law, the mental hygiene  law,  the  elder  law,  the  social
  services  law,  the  not-for-profit corporation law, the real property
  tax law, chapter 784 of the laws of 1951, constituting  the  New  York
  state  defense  emergency  act of 1951, the administrative code of the
  city of New York, and the New York city charter, in relation to chang-
  ing the name of the New York state division of  veterans'  affairs  to
  the  New  York  state division of veterans' services; and to amend the
  executive law, in relation to  changing  the  name  of  the  veterans'
  affairs commission to the veterans' services commission (Part AA)

  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 2019-2020
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through AA. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part.   Any provision in  any  section  contained  within  a  Part,
including  the  effective  date  of the Part, 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 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 CCC of chapter 59 of the  laws
of 2018, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the

S. 1506--A                          5                         A. 2006--A

two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year and
provided further that, a school district that submitted a  contract  for
excellence  for  the  two  thousand twelve--two thousand thirteen school
year, unless all schools in the  district  are  identified  as  in  good
standing,  shall  submit  a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision  two
of this section, provide for the expenditure of an amount which shall be
not  less  than  the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that,  a  school  district  that  submitted  a
contract  for  excellence  for  the  two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are  identified
as  in good standing, shall submit a contract for excellence for the two
thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
notwithstanding  the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section,  provide  for  the  expenditure  of  an
amount  which  shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year;  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all  schools  in  the
district are identified as in good standing, shall submit a contract for
excellence  for  the  two  thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph  (vi)
of  paragraph  a  of  subdivision  two  of this section, provide for the
expenditure of an amount  which  shall  be  not  less  than  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
further  that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school  year,  unless
all  schools  in  the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  fifteen--two  thousand sixteen school year; 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; and provided further that a school district that
submitted a contract for excellence for the two thousand  seventeen--two

S. 1506--A                          6                         A. 2006--A

thousand  eighteen  school  year, unless all schools in the district are
identified as in good standing, shall submit a contract  for  excellence
for  the  two thousand eighteen--two thousand nineteen 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 amount approved by the
commissioner in the contract for excellence for the two thousand  seven-
teen--two  thousand  eighteen  school year; AND PROVIDED FURTHER THAT, A
SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR  EXCELLENCE  FOR  THE  TWO
THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, UNLESS ALL SCHOOLS
IN  THE  DISTRICT  ARE  IDENTIFIED  AS  IN GOOD STANDING, SHALL SUBMIT A
CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  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 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR.  For
purposes of this paragraph, the "gap elimination adjustment  percentage"
shall  be  calculated as the sum of one minus the quotient of the sum of
the school district's net gap elimination adjustment  for  two  thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws  of  two  thousand  ten,  making  appropriations for the support of
government, plus the school district's gap  elimination  adjustment  for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three  of  the  laws of two thousand eleven, making appropriations
for the support of the local assistance budget,  including  support  for
general support for public schools, divided by the total aid for adjust-
ment  computed  pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations  for  the  local  assistance  budget,
including  support  for  general  support  for public schools. Provided,
further, that such amount shall be  expended  to  support  and  maintain
allowable programs and activities approved in the two thousand nine--two
thousand  ten  school  year  or  to  support  new  or expanded allowable
programs and activities in the current year.
  § 2. Section 3614 of the education law, as added by section 4 of  part
CCC of chapter 59 of the laws of 2018, is amended to read as follows:
  §  3614. Statement of the total funding allocation. 1. Notwithstanding
any provision of law, rule or regulation  to  the  contrary,  commencing
with  the  two  thousand eighteen--two thousand nineteen school year for
school districts which contain at least four schools as reported in  the
school  report  card  database  produced by the commissioner for the two
thousand sixteen--two thousand seventeen school year and  which  receive
at  least  fifty  percent of total revenue from state aid as reported in
the fiscal profiles master files report  produced  by  the  commissioner
concerning data on school district expenditures and revenues for the two
thousand  fifteen--two  thousand  sixteen  school  year  and  for school
districts located in a city with a population of more than one  million,
and  commencing  with  the  two  thousand  nineteen--two thousand twenty
school year for school districts containing at  least  four  schools  as
reported in the school report card database produced by the commissioner
for  the  two  thousand sixteen--two thousand seventeen school year, and
commencing with the two thousand twenty--two thousand twenty-one  school
year  for  all  [other]  school  districts eligible for an apportionment
pursuant to subdivision four of section thirty-six hundred two  of  this
part,  such  school  districts shall annually submit to the commissioner
and the director of the budget and shall make publicly available and  on

S. 1506--A                          7                         A. 2006--A

the  district  website  a  detailed statement of the total funding allo-
cation for each school in the district for the  upcoming  school  budget
year  [prior to the first day of] ON OR BEFORE THE FRIDAY PRIOR TO LABOR
DAY OF such school year, provided that:
  a.  Such  statements shall be in a statewide uniform form developed by
the director of the  budget,  in  consultation  with  the  commissioner,
provided  that  when  preparing statements districts shall adhere to and
complete the prescribed form accurately and fully, and provided  further
that the director of the budget shall request in such form only informa-
tion  that  is  known  to,  or  may  be ascertained or estimated by, the
district.  Provided, further, that each local educational  agency  shall
include  in  such  statement the approach used to allocate funds to each
school and that such statement shall include but not be limited to sepa-
rate entries for  each  individual  school,  demographic  data  for  the
school,  per  pupil funding level, source of funds, and uniform decision
rules regarding allocation of centralized spending to individual schools
from all funding sources.
  b. Within [thirty] NINETY days of submission of such  statement  by  a
school  district,  the  commissioner  and  director  of the budget shall
review such statement and determine whether the  statement  is  complete
and  is  in  the  format required by paragraph a of this subdivision. If
such statement is determined to be complete and in the  format  required
by  paragraph  a  of this subdivision, a written acknowledgement of such
shall be sent to the school district. If no determination is made by the
commissioner and the director of the budget within [thirty] NINETY  days
of submission of the statement, such statement shall be deemed approved.
Should the commissioner or the director of the budget request additional
information  from  the  school  district  to determine completeness, THE
DISTRICT SHALL SUBMIT SUCH REQUESTED INFORMATION TO THE COMMISSIONER AND
THE DIRECTOR OF THE BUDGET WITHIN THIRTY DAYS OF SUCH  REQUEST  AND  the
COMMISSIONER  AND  THE  DIRECTOR OF THE BUDGET'S deadline FOR REVIEW AND
DETERMINATION shall be extended by [thirty] NINETY days from the date of
submission of the additional requested information. If the  commissioner
or  director of the budget determine a school district's spending state-
ment to be noncompliant, such school district shall be allowed to submit
a revised spending statement at any time.
  c. If a school district fails to submit a statement that  is  complete
and  in  the  format required by paragraph a of this subdivision [by the
first day] ON OR BEFORE THE FRIDAY PRIOR TO LABOR  DAY  of  such  school
year  or  if  the  commissioner  or director of the budget determine the
school district's spending  statement  to  be  noncompliant,  a  written
explanation  shall  be provided and the school district will have thirty
days to cure. If the school district does not cure within  thirty  days,
AT THE JOINT DIRECTION OF THE DIRECTOR OF THE BUDGET AND THE COMMISSION-
ER,  the  comptroller of the city in which such school district is situ-
ated, or if the city does not have an  elected  comptroller,  the  chief
financial  officer of the city, or for school districts not located in a
city, the chief financial officer of the town in which the  majority  of
the  school  district  is  situated  shall  be authorized, at his or her
discretion, to obtain appropriate information from the school  district,
and  shall be authorized to complete such form and submit such statement
to the director of the budget  and  the  commissioner  for  approval  in
accordance  with  paragraph b of this subdivision. Where the comptroller
or chief financial officer exercises the authority to submit such  form,
such  submission shall occur within sixty days following notification of
the school district's failure to cure. Nothing in this  paragraph  shall

S. 1506--A                          8                         A. 2006--A

preclude  a  school  district  from  submitting a spending statement for
approval by the director of the budget and the commissioner at any time.
  2.  Nothing  in  this  section shall alter or suspend statutory school
district budget and voting or approval requirements.
  3. A. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL  YEAR
AND  THEREAFTER, SCHOOL DISTRICTS DESIGNATED AS REQUIRING AN EQUITY PLAN
SHALL SUBMIT SUCH PLAN AS DEFINED IN THIS  SECTION  ON  OR  BEFORE  JULY
FIRST  OF  SUCH SCHOOL YEAR TO THE COMMISSIONER FOR HIS OR HER APPROVAL.
SUCH PLAN SHALL SPECIFY HOW THE SCHOOL DISTRICT WILL INCREASE PER  PUPIL
EXPENDITURES,  FROM  ALL SOURCES, IN UNDERFUNDED HIGH-NEED SCHOOLS UNDER
THIS SUBDIVISION WITHIN SUCH DISTRICT  ABOVE  THE  LEVEL  AT  WHICH  THE
SCHOOL  DISTRICT WOULD HAVE OTHERWISE FUNDED SUCH SCHOOLS IN THE CURRENT
YEAR IN ORDER TO MAINTAIN A LEVEL OF  CURRENT  SERVICES  FROM  THE  BASE
YEAR,  INCLUDING  BUT  NOT  LIMITED  TO CONTRACTUAL SALARY INCREASES AND
OTHER CONTINUATIONS. SUCH PLAN  SHALL  SPECIFY  HOW  THE  DISTRICT  WILL
UTILIZE  FOR THIS PURPOSE AN AMOUNT AT LEAST EQUAL TO THE PRODUCT OF THE
EQUITY PERCENTAGE MULTIPLIED BY THE INCREASE IN FOUNDATION  AID  IN  THE
CURRENT  YEAR PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART.
  B. ON OR BEFORE MAY FIRST OF THE BASE YEAR, THE DIRECTOR OF THE BUDGET
SHALL PRODUCE A LIST OF UNDERFUNDED HIGH-NEED  SCHOOLS,  AS  DEFINED  IN
PARAGRAPH D OF THIS SUBDIVISION. PROVIDED, HOWEVER, THAT THE DIRECTOR OF
THE  BUDGET  SHALL EXCLUDE FROM THIS LIST SCHOOLS WITHIN DISTRICT SEVEN-
TY-FIVE OF THE CITY SCHOOL DISTRICT OF NEW YORK, SCHOOLS THAT ARE OF THE
SAME SCHOOL TYPE WITHIN A DISTRICT BUT DO NOT  SERVE  ANY  GRADE  LEVELS
THAT  OVERLAP,  SCHOOLS SERVING ONLY STUDENTS IN PREKINDERGARTEN, OR ANY
OTHER SCHOOLS WITH IRREGULAR OR OUTLYING PROPERTIES.
  C. IN THE EVENT THAT A SCHOOL  DISTRICT  DESIGNATED  AS  REQUIRING  AN
EQUITY  PLAN  FOR  ANY SUCH SCHOOL YEAR HAS NOT SUBMITTED AN EQUITY PLAN
PURSUANT TO THIS SUBDIVISION THAT HAS BEEN APPROVED BY THE  COMMISSIONER
BY  SEPTEMBER  FIRST OF THE SCHOOL YEAR, NOTWITHSTANDING SUBDIVISION TWO
OF THIS SECTION, THE COMMISSIONER SHALL DEVELOP SUCH PLAN FOR THE SCHOOL
DISTRICT, SPECIFYING THE INCREASE IN PER PUPIL EXPENDITURES REQUIRED  BY
PARAGRAPH  A  OF  THIS  SUBDIVISION AT EACH UNDERFUNDED HIGH-NEED SCHOOL
WITHIN THE SCHOOL DISTRICT, AND SHALL ORDER THE OFFICERS OF  THE  SCHOOL
DISTRICT TO IMPLEMENT SUCH PLAN FULLY AND FAITHFULLY.
  D. FOR PURPOSES OF THIS SUBDIVISION:
  (1)  "SCHOOL  DISTRICTS  DESIGNATED AS REQUIRING AN EQUITY PLAN" SHALL
MEAN ANY SCHOOL DISTRICT THAT IS REQUIRED TO SUBMIT  A  STATEMENT  UNDER
SUBDIVISION  ONE  OF  THIS SECTION FOR THE BASE YEAR WITH AN UNDERFUNDED
HIGH-NEED SCHOOL;
  (2) "EQUITY PERCENTAGE" SHALL MEAN THE PRODUCT OF TEN  PERCENT  MULTI-
PLIED  BY  THE NUMBER OF UNDERFUNDED HIGH-NEED SCHOOLS WITHIN THE SCHOOL
DISTRICT, BUT SHALL  NOT  EXCEED:  (A)  FIFTY  PERCENT  FOR  ANY  SCHOOL
DISTRICT  WHICH  RECEIVES  AT  LEAST FIFTY PERCENT OF TOTAL REVENUE FROM
STATE AID AS  REPORTED  IN  THE  FISCAL  PROFILES  MASTER  FILES  REPORT
PRODUCED BY THE COMMISSIONER CONCERNING DATA ON SCHOOL DISTRICT EXPENDI-
TURES  AND  REVENUES  FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR; AND (B) SEVENTY-FIVE PERCENT FOR ANY OTHER SCHOOL DISTRICT;
  (3) "SCHOOL TYPE" FOR ANY SCHOOL SHALL MEAN ELEMENTARY, MIDDLE,  HIGH,
PRE-K  ONLY,  OR K-12, AS DEFINED BY THE COMMISSIONER, PROVIDED THAT FOR
PURPOSES OF THIS SUBDIVISION, A "MIDDLE" SCHOOL SHALL INCLUDE ANY SCHOOL
WITH THE GRADE ORGANIZATION OF EITHER A MIDDLE SCHOOL OR A  JUNIOR  HIGH
SCHOOL,  AND  A  "HIGH"  SCHOOL  SHALL INCLUDE ANY SCHOOL WITH THE GRADE
ORGANIZATION OF EITHER A SENIOR HIGH  SCHOOL  OR  A  JUNIOR-SENIOR  HIGH
SCHOOL;

S. 1506--A                          9                         A. 2006--A

  (4) "UNDERFUNDED HIGH-NEED SCHOOL" SHALL MEAN A SCHOOL WITHIN A SCHOOL
DISTRICT  THAT HAS BEEN DEEMED BOTH A SIGNIFICANTLY HIGH-NEED SCHOOL AND
A SIGNIFICANTLY LOW FUNDED SCHOOL;
  (5)  "STUDENT  NEED  INDEX"  FOR  ANY  SCHOOL  SHALL MEAN THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE  WEIGHTED  STUDENT  ENROLLMENT  AS  DEFINED
HEREIN  BY  THE  K-12  ENROLLMENT  FOR  THE BASE YEAR AS REPORTED ON THE
STATEMENT REQUIRED PURSUANT TO THIS SECTION;
  (6) "AVERAGE STUDENT  NEED  INDEX  BY  SCHOOL  TYPE"  SHALL  MEAN  THE
QUOTIENT ARRIVED AT WHEN DIVIDING THE SUM OF WEIGHTED STUDENT ENROLLMENT
AS  DEFINED  HEREIN FOR ALL SCHOOLS WITHIN A SCHOOL DISTRICT OF THE SAME
SCHOOL TYPE BY THE K-12 ENROLLMENT FOR THE BASE YEAR FOR ALL SCHOOLS  IN
A  SCHOOL  DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE STATEMENT
REQUIRED PURSUANT TO THIS SECTION;
  (7) "WEIGHTED STUDENT ENROLLMENT" FOR ANY SCHOOL SHALL  MEAN  THE  SUM
OF:   (A) K-12 ENROLLMENT PLUS (B) THE PRODUCT OF THE NUMBER OF STUDENTS
ELIGIBLE TO RECEIVE FREE AND REDUCED PRICE LUNCH  MULTIPLIED  BY  SIXTY-
FIVE ONE-HUNDREDTHS (0.65) PLUS (C) THE PRODUCT OF THE NUMBER OF ENGLISH
LANGUAGE  LEARNERS MULTIPLIED BY ONE-HALF (0.5), PLUS (D) THE PRODUCT OF
THE NUMBER OF STUDENTS WITH DISABILITIES MULTIPLIED BY ONE AND FORTY-ONE
ONE-HUNDREDTHS (1.41), FOR THE BASE YEAR AS REPORTED  ON  THE  STATEMENT
REQUIRED PURSUANT TO THIS SECTION;
  (8)  "SIGNIFICANTLY  HIGH-NEED  SCHOOL"  SHALL  MEAN  A  SCHOOL WITH A
STUDENT NEED INDEX GREATER THAN THE PRODUCT OF THE AVERAGE STUDENT  NEED
INDEX  BY  SCHOOL  TYPE WITHIN THE SCHOOL DISTRICT MULTIPLIED BY ONE AND
FIVE ONE-HUNDREDTHS (1.05);
   (9) "PER PUPIL EXPENDITURES" FOR ANY SCHOOL SHALL MEAN  THE  QUOTIENT
ARRIVED AT WHEN DIVIDING THE EXPENDITURE AMOUNT AS REPORTED FOR THE BASE
YEAR  IN  THE  STATEMENT  REQUIRED  PURSUANT  TO THIS SECTION, EXCLUDING
EXPENDITURES  FOR  PREKINDERGARTEN  AND  PRESCHOOL   SPECIAL   EDUCATION
PROGRAMS  AND  CENTRAL DISTRICT COSTS BY THE WEIGHTED STUDENT ENROLLMENT
OF THE SCHOOL;
  (10) "AVERAGE PER PUPIL EXPENDITURES BY SCHOOL TYPE"  SHALL  MEAN  THE
QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF THE EXPENDITURE AMOUNTS
REPORTED  FOR  THE  BASE YEAR IN THE STATEMENT REQUIRED PURSUANT TO THIS
SECTION,  EXCLUDING  EXPENDITURES  FOR  PREKINDERGARTEN  AND   PRESCHOOL
SPECIAL  EDUCATION  PROGRAMS AND CENTRAL DISTRICT COSTS, FOR ALL SCHOOLS
WITHIN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE  BY  (B)  THE  WEIGHTED
STUDENT  ENROLLMENT  FOR  THE  BASE  YEAR  FOR  ALL  SCHOOLS IN A SCHOOL
DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE  STATEMENT  REQUIRED
PURSUANT TO THIS SECTION;
  (11)  "SIGNIFICANTLY  LOW  FUNDED SCHOOL" SHALL MEAN A SCHOOL WITHIN A
SCHOOL DISTRICT THAT HAS PER PUPIL EXPENDITURES LESS THAN THE PRODUCT OF
THE AVERAGE PER PUPIL EXPENDITURES BY  SCHOOL  TYPE  WITHIN  THE  SCHOOL
DISTRICT MULTIPLIED BY ONE AND FIVE ONE-HUNDREDTHS (1.05).
  (12) "BASE YEAR" SHALL MEAN THE BASE YEAR AS DEFINED IN PARAGRAPH B OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART.
  (13)  "CURRENT  YEAR"  SHALL MEAN THE CURRENT YEAR AS DEFINED IN PARA-
GRAPH A OF SUBDIVISION ONE OF SECTION THIRTY-SIX  HUNDRED  TWO  OF  THIS
PART.
  §  3.  Paragraph  bb of subdivision 1 of section 3602 of the education
law, as added by section 25 of part A of chapter 58 of the laws of 2011,
is amended to read as follows:
  bb. "Personal income growth index" shall mean (1) for the two thousand
twelve--two thousand thirteen school year, the average of the  quotients
for  each  year in the period commencing with the two thousand five--two
thousand six state fiscal year and finishing with the two thousand nine-

S. 1506--A                         10                         A. 2006--A

-two thousand ten state fiscal year of the total personal income of  the
state  for  each  such  year divided by the total personal income of the
state for the immediately preceding state fiscal year, but not less than
one  [and],  (2)  for  the  two thousand thirteen--two thousand fourteen
[school year and each school year thereafter] THROUGH TWO THOUSAND EIGH-
TEEN--TWO THOUSAND NINETEEN SCHOOL YEARS,  the  quotient  of  the  total
personal income of the state for the state fiscal year one year prior to
the  state  fiscal  year in which the base year commenced divided by the
total personal income of the state for the immediately  preceding  state
fiscal  year,  but  not less than one AND (3) FOR THE TWO THOUSAND NINE-
TEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND EACH SCHOOL  YEAR  THEREAFTER,
THE AVERAGE OF THE QUOTIENTS FOR EACH YEAR IN THE PERIOD COMMENCING WITH
THE STATE FISCAL YEAR NINE YEARS PRIOR TO THE STATE FISCAL YEAR IN WHICH
THE  BASE  YEAR  BEGAN AND FINISHING WITH THE STATE FISCAL YEAR PRIOR TO
THE STATE FISCAL YEAR IN WHICH THE BASE YEAR BEGAN OF THE TOTAL PERSONAL
INCOME OF THE STATE FOR EACH SUCH YEAR DIVIDED  BY  THE  TOTAL  PERSONAL
INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT
NOT LESS THAN ONE.
  §  4.  Paragraph  e  of subdivision 4 of section 3602 of the education
law, as amended by section 9-b of part CCC of chapter 59 of the laws  of
2018, is amended to read as follows:
  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 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", (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 seven-
teen--two thousand eighteen school year and  entitled  "BT171-8",  [and]
(iii)  the  amount,  if  any,  set forth for such district as "COMMUNITY
SCHOOLS INCREASE" in the data  file  produced  by  the  commissioner  in
support of the executive budget for the two thousand eighteen--two thou-
sand  nineteen  school year and entitled "BT181-9", AND (IV) THE AMOUNT,
IF ANY, SET FORTH FOR SUCH DISTRICT AS "19-20 COMMUNITY SCHOOLS INCR" IN
THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECUTIVE
BUDGET  FOR  THE  TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
AND ENTITLED "BT192-0". Each school district shall use  such  "COMMUNITY
SCHL AID (BT1617)" amount to support the transformation of school build-
ings  into community hubs to deliver co-located or school-linked academ-
ic, 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-lo-
cated or school linked academic,  health,  mental  health  services  and
personnel,  after-school programming, dual language programs, nutrition,
counseling, legal and/or other services to students and their  families,
including but not limited to providing a community school site coordina-
tor  and  programs  for  English  language learners, or to support other
costs incurred to  maximize  students'  academic  achievement,  provided
however  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

S. 1506--A                         11                         A. 2006--A

percent of such "COMMUNITY SCHL INCR" amount to support such transforma-
tion at schools with extraordinary high levels of student need as  iden-
tified  by  the commissioner, subject to the approval of the director of
the  budget.  Each  school  district  shall  use such "COMMUNITY SCHOOLS
INCREASE" to support the transformation of school buildings into  commu-
nity  hubs  to  deliver  co-located  or  school linked academic, health,
mental health services and  personnel,  after-school  programming,  dual
language programs, 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,  or  to  support  other  costs  incurred to maximize students'
academic achievement. EACH SCHOOL DISTRICT SHALL USE SUCH "19-20  COMMU-
NITY  SCHOOLS  INCR"  TO  SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS
INTO COMMUNITY HUBS TO DELIVER CO-LOCATED  OR  SCHOOL  LINKED  ACADEMIC,
HEALTH,  MENTAL HEALTH SERVICES AND PERSONNEL, AFTER-SCHOOL PROGRAMMING,
DUAL  LANGUAGE  PROGRAMS,  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.
  §  5. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph g to read as follows:
  G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
RY, FOUNDATION AID PAYABLE IN THE TWO  THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  SCHOOL  YEAR  SHALL  EQUAL  THE  SUM  OF THE FOUNDATION AID BASE
COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS
THE BASE INCREASE PLUS THE TWO THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY
COMMUNITY SCHOOLS INCREASE, BOTH AS DEFINED IN THIS PARAGRAPH.
  (1)  THE  BASE INCREASE SHALL EQUAL THE GREATER OF TIERS A, B, C, OR D
AS DEFINED IN THIS SUBPARAGRAPH.
  (A) TIER A SHALL EQUAL THE PRODUCT OF THE PHASE-IN  FACTOR  MULTIPLIED
BY  THE  POSITIVE  DIFFERENCE,   IF ANY, OF (A) THE PRODUCT OF THE TOTAL
AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED  BY  THE  DISTRICT'S  SELECTED
FOUNDATION  AID LESS (B) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT
TO PARAGRAPH J OF SUBDIVISION  ONE  OF  THIS  SECTION,  WHERE  "PHASE-IN
FACTOR" SHALL MEAN (1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPU-
LATION  OF ONE MILLION OR MORE, ELEVEN THOUSAND NINE HUNDRED THIRTY-FOUR
HUNDRED THOUSANDTHS (0.11934), AND (2) FOR ALL OTHER  SCHOOL  DISTRICTS,
FIVE ONE-THOUSANDTHS (0.005).
  (B) TIER B SHALL EQUAL, FOR DISTRICTS WITH A COMBINED WEALTH RATIO FOR
TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT TO PARAGRAPH C OF SUBDIVISION
THREE OF THIS SECTION LESS THAN ONE AND AN EXTRAORDINARY  NEEDS  PERCENT
FOR  THE DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF
THIS SECTION GREATER THAN THREE HUNDRED FIFTEEN ONE-THOUSANDTHS (0.315),
THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT  COMPUTED  PURSUANT  TO
PARAGRAPH  N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF
THE EN  BASE  INCREASE  PLUS  THE  SPARSITY  INCREASE,  WHERE  "EN  BASE
INCREASE"  SHALL  MEAN  THE  PRODUCT,  TRUNCATED TO TWO DECIMALS, OF THE
EXTRAORDINARY NEEDS INDEX MULTIPLIED BY NINETY-SEVEN DOLLARS  AND  THREE
CENTS  ($97.03);  "EXTRAORDINARY  NEEDS  INDEX"  SHALL MEAN THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE EXTRAORDINARY NEEDS PERCENT BY THE QUOTIENT
ARRIVED  AT  WHEN  DIVIDING  THE  STATEWIDE  EXTRAORDINARY  NEEDS  COUNT
COMPUTED  PURSUANT  TO PARAGRAPH S OF SUBDIVISION ONE OF THIS SECTION BY
THE STATEWIDE TOTAL PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED  PURSUANT
TO  PARAGRAPH  N OF SUBDIVISION ONE OF THIS SECTION; "SPARSITY INCREASE"
SHALL MEAN, FOR DISTRICTS WITH A SPARSITY FACTOR  COMPUTED  PURSUANT  TO

S. 1506--A                         12                         A. 2006--A

PARAGRAPH  R  OF  SUBDIVISION  ONE OF THIS SECTION GREATER THAN ZERO AND
OTHERWISE ELIGIBLE FOR THIS TIER, THE PRODUCT OF THE EXTRAORDINARY NEEDS
INDEX AS COMPUTED HEREIN MULTIPLIED BY THIRTY DOLLARS ($30.00).
  (C)  TIER  C  SHALL  EQUAL,  FOR  ALL SCHOOL DISTRICTS, THE PRODUCT OF
PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO  PARAGRAPH  N  OF
SUBDIVISION  ONE OF THIS SECTION MULTIPLIED BY THE PRODUCT OF THE TIER C
RATIO MULTIPLIED BY ONE HUNDRED SEVENTY-THREE DOLLARS AND TWO  AND  ONE-
HALF  CENTS ($173.025), WHERE THE "TIER C RATIO" SHALL BE THE DIFFERENCE
OF ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) LESS THE PRODUCT  OF  ONE  AND
SEVENTY-TWO  HUNDREDTHS  (1.72) MULTIPLIED BY THE PUPIL WEALTH RATIO FOR
TOTAL FOUNDATION AID COMPUTED PURSUANT TO  PARAGRAPH  A  OF  SUBDIVISION
THREE  OF  THIS SECTION, PROVIDED THAT SUCH RATIO SHALL NOT BE LESS THAN
ZERO NOR MORE THAN NINE-TENTHS (0.9).
  (D) TIER D SHALL EQUAL, FOR ALL SCHOOL DISTRICTS, THE PRODUCT  OF  THE
FOUNDATION  AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION MULTIPLIED BY TWENTY-FIVE TEN THOUSANDTHS (0.0025).
  (2) THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  COMMUNITY  SCHOOLS
INCREASE SHALL EQUAL THE GREATER OF TIERS ONE OR TWO, WHERE:
  (A)  TIER ONE SHALL EQUAL, FOR ELIGIBLE SCHOOL DISTRICTS, THE TIER ONE
PER  PUPIL  AMOUNT  MULTIPLIED  BY  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT
COMPUTED  PURSUANT  TO  PARAGRAPH  N OF SUBDIVISION ONE OF THIS SECTION,
WHERE THE TIER ONE PER PUPIL AMOUNT SHALL EQUAL THE PRODUCT  OF  EIGHTY-
TWO  DOLLARS  AND  SIXTY-THREE CENTS ($82.63) MULTIPLIED BY THE TIER ONE
RATIO, WHERE THE TIER ONE RATIO SHALL EQUAL THE DIFFERENCE OF  ONE  LESS
THE PRODUCT OF THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID MULTI-
PLIED  BY  SIXTY-FOUR  HUNDREDTHS (0.64), PROVIDED THAT SUCH RATIO SHALL
NOT BE LESS THAN ZERO NOR GREATER THAN NINE-TENTHS (0.9).  AN  "ELIGIBLE
SCHOOL  DISTRICT"  SHALL  MEAN  A  SCHOOL DISTRICT WITH (I) AT LEAST ONE
SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER
PURSUANT TO PARAGRAPH (A) OR (B)  OF  SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED ELEVEN-F OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND EIGH-
TEEN  OR, (II) A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED
PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION  LESS  THAN
NINE-TENTHS  (0.9), AND FIVE YEAR ELL GROWTH GREATER THAN THE GREATER OF
ONE HUNDRED (100) PUPILS OR THE GROWTH THRESHOLD, WHERE "FIVE  YEAR  ELL
GROWTH"  SHALL  EQUAL  THE  POSITIVE  DIFFERENCE OF THE ENGLISH LANGUAGE
LEARNER COUNT FOR  THE  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN
SCHOOL  YEAR LESS SUCH COUNT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR, AND WHERE "GROWTH THRESHOLD" SHALL EQUAL THE PROD-
UCT OF THE ENGLISH LANGUAGE LEARNER COUNT FOR  THE  TWO  THOUSAND  THIR-
TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR MULTIPLIED BY ONE-TENTH (0.1).
  (B)  TIER  TWO  SHALL EQUAL, FOR ALL SCHOOL DISTRICTS WITH A COMMUNITY
SCHOOLS SETASIDE PURSUANT TO PARAGRAPH E  OF  THIS  SUBDIVISION  GREATER
THAN  ZERO,  THE  POSITIVE  DIFFERENCE,  IF ANY, OF ONE HUNDRED THOUSAND
DOLLARS ($100,000) LESS SUCH COMMUNITY  SCHOOLS  SETASIDE  FOR  THE  TWO
THOUSAND  EIGHTEEN--TWO  THOUSAND NINETEEN SCHOOL YEAR PURSUANT TO PARA-
GRAPH E OF THIS SUBDIVISION.
  § 5-a. Clause (ii) of subparagraph 2 of paragraph b of  subdivision  4
of  section 3602 of the education law, as amended by section 9-b of part
CCC of chapter 59 of the laws of 2018, is amended to read as follows:
  (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

S. 1506--A                         13                         A. 2006--A

one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand  fourteen  school  year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of  one  million  or  more,  five  and  twenty-three  hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city  school  district  of  a
city  having  a  population  of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district  other  than  a
city  school  district  having  a  population of one million or more for
which (A) the quotient of the  positive  difference  of  the  foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j  of  subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
(3) for all other  school  districts,  four  and  thirty-one  hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a  city  school district of a city having a population of one million or
more,  thirteen  and  two  hundred  seventy-four   thousandths   percent
(0.13274);  or  (2)  for  districts  where  the quotient arrived at when
dividing (A) the product of the total  aidable  foundation  pupil  units
multiplied  by  the  district's  selected  foundation aid less the total
foundation aid base computed pursuant to paragraph j of subdivision  one
of  this section divided by (B) the product of the total aidable founda-
tion pupil units multiplied by the district's selected foundation aid is
greater than nineteen percent (0.19), and where the district's  combined
wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
seventy-five hundredths percent (0.0775); or (3) for any other  district
designated  as  high  need pursuant to clause (c) of subparagraph two of
paragraph c of subdivision six  of  this  section  for  the  school  aid
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

S. 1506--A                         14                         A. 2006--A

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  "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), provided further
that for the two thousand seventeen--two thousand eighteen  school  year
the  foundation  aid increase phase-in factor shall equal (1) for school
districts with a census 2000 poverty rate computed pursuant to paragraph
q of subdivision one of this section equal to or greater than twenty-six
percent (0.26), ten and three-tenths  percent  (0.103),  or  (2)  for  a
school  district in a city with a population in excess of one million or
more, seventeen and seventy-seven one-hundredths  percent  (0.1777),  or
(3)  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  decennial  census,  twelve  and  sixty-nine  hundredths  percent
(0.1269) 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 thou-
sand, as of the most recent federal decennial census, ten  and  seventy-
eight one hundredths percent (0.1078), or (5) for a city school district
in  a  city with a population of more than one hundred twenty-five thou-
sand but less than one hundred fifty thousand  as  of  the  most  recent
federal decennial census, nineteen and one hundred eight one-thousandths
percent  (0.19108),  or  (6) 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, ten and
six-tenths percent (0.106), or (7) for all  other  districts,  four  and
eighty-seven  one-hundredths  percent (0.0487), and for the two thousand
[nineteen] TWENTY--two thousand  [twenty]  TWENTY-ONE  school  year  and
thereafter  the commissioner shall annually determine the phase-in foun-
dation 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.

S. 1506--A                         15                         A. 2006--A

  § 6. Paragraph d of subdivision 4 of section  3602  of  the  education
law,  as amended by section 9-b of part CCC of chapter 59 of the laws of
2018, is amended to read as follows:
  d.  For  the  two  thousand fourteen--two thousand fifteen through two
thousand [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY  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.
  § 7. Subparagraph 4 of paragraph e of subdivision 3 of section 3602 of
the education law, as added by section 13 of part B of chapter 57 of the
laws of 2007, is amended to read as follows:
  (4) The building aid ratio shall be computed by subtracting  from  one
the  product obtained by multiplying the resident weighted average daily
attendance wealth ratio by fifty-one percent. Such aid  ratio  shall  be
expressed  as  a  decimal  carried to three places without rounding, but
shall not be less than (I) FOR THE TWO THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY AND PRIOR SCHOOL YEARS, zero , OR (II) FOR THE TWO THOUSAND TWEN-
TY--TWO  THOUSAND  TWENTY-ONE  SCHOOL YEAR AND THEREAFTER, FIVE ONE-HUN-
DREDTHS (0.05).
  § 8. Subparagraph 2 of paragraph a of subdivision 6 of section 3602 of
the education law, as amended by section 5 of part A of  chapter  60  of
the laws of 2000, is amended to read as follows:
  (2)  Where a school district has expenditures for site purchase, grad-
ing or improvement of the site, original furnishings, equipment, machin-
ery or apparatus, or professional fees, or other incidental  costs,  the
cost allowances for new construction and the purchase of existing struc-
tures  may be increased by the actual expenditures for such purposes but
by not more than: (I) FOR PROJECTS APPROVED PRIOR  TO  JULY  FIRST,  TWO
THOUSAND  NINETEEN  BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
OF EDUCATION OF A CITY SCHOOL DISTRICT IN A  CITY  WITH  MORE  THAN  ONE
HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
MORE,  AN  AMOUNT  EQUAL TO the product of the applicable cost allowance
established pursuant to subparagraph one of this  paragraph  and  twenty
per  centum  for school buildings or additions housing grades prekinder-
garten through six and by not more than the product of such cost  allow-
ance  and twenty-five per centum for school buildings or additions hous-
ing grades seven through twelve and by not more than the product of such
cost allowance and twenty-five per centum for school buildings or  addi-
tions   housing   special   education   programs   as  approved  by  the
commissioner; AND (II) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO
THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY  THE  BOARD
OF  EDUCATION  OF  A  CITY  SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR  THE  CHANCELLOR  IN  A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, AN AMOUNT EQUAL TO THE PRODUCT OF THE LESSER OF THE COST ALLOWANCE
COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH  OR  THE  ACTUAL
COSTS  RELATING  TO THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHA-
BILITATION OR IMPROVEMENT OF A SCHOOL BUILDING AND TWENTY PER CENTUM FOR
SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES PREKINDERGARTEN THROUGH SIX
AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER AMOUNT  AND  TWENTY-FIVE
PER  CENTUM  FOR  SCHOOL  BUILDINGS  OR  ADDITIONS  HOUSING GRADES SEVEN
THROUGH TWELVE AND BY NOT MORE THAN THE PRODUCT OF  SUCH  LESSER  AMOUNT
AND  TWENTY-FIVE  PER  CENTUM  FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING
SPECIAL EDUCATION PROGRAMS AS APPROVED BY THE COMMISSIONER.

S. 1506--A                         16                         A. 2006--A

  § 9. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6  of
section  3602 of the education law, as amended by section 12-a of part L
of chapter 57 of the laws of 2005, is amended to read as follows:
  (ii)  Apportionment.  The  apportionment pursuant to this subparagraph
shall equal the product of such eligible approved expenses determined in
accordance with the provisions of clause (i) of  this  subparagraph  and
this  section  and the incentive decimal computed for use in the year in
which the project was approved. The incentive decimal shall  equal:  (A)
FOR  PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN BY THE
VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF  EDUCATION  OF  A  CITY
SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT  IN  A
CITY  HAVING A POPULATION OF ONE MILLION OR MORE, the positive remainder
resulting when the district's building aid ratio  selected  pursuant  to
paragraph c of this subdivision is subtracted from the enhanced building
aid  ratio.  The  enhanced building aid ratio shall equal the sum of the
building aid ratio selected for use in  the  current  year  pursuant  to
paragraph  c  of this subdivision and one-tenth, computed to three deci-
mals without rounding, but not more than (a) ninety-eight hundredths for
a high need school district, as defined pursuant to regulations  of  the
commissioner, for all school building projects approved by the voters of
the  school  district  or  by  the  board  of education of a city school
district in a city with  more  than  one  hundred  twenty-five  thousand
inhabitants,  and/or  the chancellor in a city school district in a city
having a population of one million or more, on or after July first,  two
thousand five, or (b) ninety-five hundredths for any other school build-
ing  project  or  school  district, nor less than one-tenth; AND (B) FOR
PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN  BY  THE
VOTERS  OF  THE  SCHOOL  DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE POSITIVE  REMAINDER
RESULTING  WHEN  THE DISTRICT'S CURRENT YEAR BUILDING AID RATIO PURSUANT
TO CLAUSE D OF SUBPARAGRAPH TWO OF PARAGRAPH C OF  THIS  SUBDIVISION  IS
SUBTRACTED  FROM  THE ENHANCED BUILDING AID RATIO. THE ENHANCED BUILDING
AID RATIO SHALL EQUAL THE SUM OF THE BUILDING AID RATIO SELECTED FOR USE
IN THE CURRENT YEAR PURSUANT TO CLAUSE D OF SUBPARAGRAPH  TWO  OF  PARA-
GRAPH  C  OF  THIS SUBDIVISION AND SCALED INCENTIVE DECIMAL, COMPUTED TO
THREE DECIMALS WITHOUT ROUNDING, BUT  NOT  MORE  THAN  (A)  NINETY-EIGHT
HUNDREDTHS FOR A HIGH-NEED SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGU-
LATIONS OF THE COMMISSIONER AND USED 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", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE
SCHOOL  DISTRICT  OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT
IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE  THOUSAND  INHABITANTS,
AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION  OF  ONE  MILLION  OR MORE, OR (B) NINETY-FIVE HUNDREDTHS FOR ANY
OTHER SCHOOL BUILDING PROJECT OR SCHOOL DISTRICT. THE  SCALED  INCENTIVE
DECIMAL  SHALL  EQUAL  (A) ONE-TENTH FOR A HIGH-NEED SCHOOL DISTRICT, AS
DEFINED PURSUANT TO REGULATIONS OF THE COMMISSIONER  AND  USED  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", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY
THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-

S. 1506--A                         17                         A. 2006--A

SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR (B) THE  PRODUCT  OF
ONE-TENTH  MULTIPLIED  BY  THE  STATE SHARING RATIO COMPUTED PURSUANT TO
PARAGRAPH  G  OF  SUBDIVISION THREE OF THIS SECTION FOR ANY OTHER SCHOOL
BUILDING PROJECT OR SCHOOL DISTRICT.
  § 10. Clause (b) of subparagraph 2 of paragraph c of subdivision 6  of
section 3602 of the education law, as amended by section 15 of part B of
chapter 57 of the laws of 2008, is amended and a new clause (d) is added
to read as follows:
  (b) For aid payable in the school years two thousand--two thousand one
and  thereafter  for all school building projects approved by the voters
of the school district or by the board of education  of  a  city  school
district  in  a  city  with  more  than one hundred twenty-five thousand
inhabitants, and/or the chancellor in a city school district in  a  city
having  a population of one million or more, on or after July first, two
thousand, AND PRIOR TO JULY FIRST, TWO  THOUSAND  NINETEEN,  any  school
district  shall  compute  aid  under  the provisions of this subdivision
using the sum of the high-need supplemental building aid ratio, if  any,
computed  pursuant to clause (c) of this subparagraph and the greater of
(i) the building aid ratio computed for use in the current year; or (ii)
a building aid ratio equal to the difference of the aid ratio  that  was
used  or  that would have been used to compute an apportionment pursuant
to this subdivision in the nineteen  hundred  ninety-nine--two  thousand
school  year  as such aid ratio is computed by the commissioner based on
data on file with the department on or before July first  of  the  third
school  year  following  the  school year in which aid is first payable,
less one-tenth; or (iii) for all such school building projects  approved
by  the  voters of the school district or by the board of education of a
city school district in a city with more than  one  hundred  twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a  city  having  a  population  of one million or more, on or after July
first, two thousand and on or before June thirtieth, two thousand  four,
for any school district for which the pupil wealth ratio is greater than
two  and  five-tenths  in  the school year in which such school building
project was approved by the voters of the  school  district  or  by  the
board  of  education  of a city school district in a city with more than
one hundred twenty-five thousand inhabitants, and/or the chancellor in a
city school district in a city having a population  of  one  million  or
more  and for which the alternate pupil wealth ratio is less than eight-
y-five hundredths in such school year, and for all such school  building
projects  approved  by the voters of the school district or by the board
of education of a city school district in a  city  with  more  than  one
hundred  twenty-five  thousand  inhabitants,  and/or the chancellor in a
city school district in a city having a population  of  one  million  or
more,  on  or  after July first, two thousand five and on or before June
thirtieth, two thousand eight, for any school  district  for  which  the
pupil wealth ratio was greater than two and five-tenths in the two thou-
sand--two  thousand  one  school  year and for which the alternate pupil
wealth ratio was less than eighty-five hundredths in the two  thousand--
two  thousand  one  school  year,  the  additional  building  aid ratio;
provided that, school districts who are eligible for aid under paragraph
f of subdivision fourteen of this section  may  compute  aid  under  the
provisions  of  this  subdivision using the difference of the highest of
the aid ratios so computed for the reorganized district or  the  highest
of the aid ratios so computed for any of the individual school districts

S. 1506--A                         18                         A. 2006--A

which  existed prior to the date of the reorganized school district less
one-tenth.
  (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS APPROVED
BY  THE  VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A
CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN  ONE  HUNDRED  TWENTY-FIVE
THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN
A  CITY  HAVING  A  POPULATION  OF ONE MILLION OR MORE, ON OR AFTER JULY
FIRST, TWO THOUSAND NINETEEN, ANY  SCHOOL  DISTRICT  SHALL  COMPUTE  AID
UNDER  THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE HIGH-NEED
SUPPLEMENTAL BUILDING AID RATIO, IF ANY, COMPUTED PURSUANT TO CLAUSE (C)
OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR USE IN  THE
CURRENT YEAR AS COMPUTED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH E OF
SUBDIVISION  THREE  OF THIS SECTION; PROVIDED THAT, SCHOOL DISTRICTS WHO
ARE ELIGIBLE FOR AID UNDER PARAGRAPH F OF SUBDIVISION FOURTEEN  OF  THIS
SECTION  MAY  COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING
THE DIFFERENCE OF THE HIGHEST OF THE AID RATIOS SO COMPUTED PURSUANT  TO
THIS  CLAUSE  FOR  THE  REORGANIZED  DISTRICT  OR THE HIGHEST OF THE AID
RATIOS SO COMPUTED FOR ANY OF  THE  INDIVIDUAL  SCHOOL  DISTRICTS  WHICH
EXISTED PRIOR TO THE DATE OF THE REORGANIZED SCHOOL DISTRICT.
  § 11. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph ii to read as follows:
  II. "SERVICES AID BASE" FOR THE PURPOSES OF THIS SECTION FOR AID PAYA-
BLE IN THE (I) TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
SHALL  EQUAL  THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE
BASE YEAR, AS COMPUTED BY THE COMMISSIONER BASED ON DATA  ON  FILE  WITH
THE  EDUCATION  DEPARTMENT  ON NOVEMBER FIFTEENTH, TWO THOUSAND NINETEEN
FOR:
  (1) THE APPORTIONMENT FOR TEXTBOOKS PROVIDED AND COMPUTED PURSUANT  TO
SECTION SEVEN HUNDRED ONE OF THIS CHAPTER;
  (2) AID FOR THE PURCHASE OF SCHOOL LIBRARY MATERIALS COMPUTED PURSUANT
TO SECTION SEVEN HUNDRED ELEVEN OF THIS CHAPTER;
  (3)  AID  FOR COMPUTER SOFTWARE PURCHASES COMPUTED PURSUANT TO SECTION
SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER;
  (4) INSTRUCTIONAL COMPUTER HARDWARE AND  TECHNOLOGY  EQUIPMENT  APPOR-
TIONMENT  COMPUTED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THIS
CHAPTER;
  (5) BOCES AID COMPUTED PURSUANT TO SECTION NINETEEN HUNDRED  FIFTY  OF
THIS CHAPTER;
  (6)  SUPPLEMENTAL PUBLIC EXCESS COST AID COMPUTED PURSUANT TO SUBDIVI-
SION FIVE-A OF THIS SECTION;
  (7) TRANSPORTATION AID COMPUTED PURSUANT TO SUBDIVISION SEVEN OF  THIS
SECTION;
  (8)  SPECIAL  SERVICES  AID  FOR LARGE CITY SCHOOL DISTRICTS AND OTHER
SCHOOL DISTRICTS WHICH WERE NOT COMPONENTS OF  A  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  IN THE BASE YEAR COMPUTED PURSUANT TO SUBDIVISION
TEN OF THIS SECTION;
  (9) ACADEMIC ENHANCEMENT AID COMPUTED PURSUANT TO  SUBDIVISION  TWELVE
OF THIS SECTION;
  (10)  HIGH  TAX  AID  COMPUTED PURSUANT TO SUBDIVISION SIXTEEN OF THIS
SECTION;
  (11) TRANSITIONAL AID FOR CHARTER SCHOOL PAYMENTS COMPUTED PURSUANT TO
SUBDIVISION FORTY-ONE OF THIS SECTION; AND
  (II) IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY--TWO  SCHOOL
YEAR AND THEREAFTER SHALL EQUAL THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE

S. 1506--A                         19                         A. 2006--A

TO  RECEIVE  IN  THE  BASE YEAR PURSUANT TO SUBDIVISION NINETEEN OF THIS
SECTION.
  §  12.  Section  3602  of the education law is amended by adding a new
subdivision 19 to read as follows:
  19. SERVICES AID. A. NOTWITHSTANDING SECTIONS SEVEN HUNDRED ONE, SEVEN
HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE,  AND
NINETEEN  HUNDRED  FIFTY OF THIS CHAPTER AND SUBDIVISIONS FIVE-A, SEVEN,
TEN, TWELVE, SIXTEEN, AND FORTY-ONE OF THIS SECTION, FOR THE  TWO  THOU-
SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, IN LIEU
OF SUCH APPORTIONMENTS, A SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
SERVICES  AID APPORTIONMENT IN THE AMOUNT OF THE PRODUCT OF THE SERVICES
AID BASE COMPUTED PURSUANT TO PARAGRAPH II OF SUBDIVISION  ONE  OF  THIS
SECTION  MULTIPLIED  BY  THE SUM OF ONE AND (A) THE CONSUMER PRICE INDEX
COMPUTED PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION FOR
THE CURRENT YEAR PLUS (B) THE ANNUAL CHANGE IN RESIDENT WEIGHTED AVERAGE
DAILY ATTENDANCE, PROVIDED THAT SUCH SUM IS NOT  LESS  THAN  ONE  (1.0).
PROVIDED  FURTHER,  FOR  THE PURPOSES OF THIS SECTION, "ANNUAL CHANGE IN
RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE" SHALL MEAN THE  QUOTIENT  OF
(A)  THE  DIFFERENCE  OF  THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION ONE  OF  THIS
SECTION  FOR THE YEAR PRIOR TO THE BASE YEAR LESS SUCH RESIDENT WEIGHTED
AVERAGE DAILY ATTENDANCE FOR THE YEAR TWO YEARS PRIOR TO THE  BASE  YEAR
DIVIDED  BY  (B)  THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE FOR THE
YEAR TWO YEARS PRIOR TO THE BASE YEAR.
  B. FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT"  SHALL
MEAN THE AMOUNT COMPUTED FOR THE APPORTIONMENT PURSUANT TO SECTION NINE-
TEEN  HUNDRED  FIFTY  OF THIS CHAPTER FOR THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR AS COMPUTED BY  THE  COMMISSIONER  BASED  ON
DATA  ON  FILE  WITH THE EDUCATION DEPARTMENT ON NOVEMBER FIFTEENTH, TWO
THOUSAND NINETEEN. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY
THE  BOCES  PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-
SIX HUNDRED NINE-D OF THIS CHAPTER.
  § 13. The opening paragraph of section 3609-d of the education law, as
amended by section 20 of part L of chapter 57 of the laws  of  2005,  is
amended to read as follows:
  Notwithstanding the provisions of section thirty-six hundred nine-a of
this  article,  apportionments  payable  pursuant  to  section  nineteen
hundred fifty of this chapter, AND THE BOCES PAYMENT ADJUSTMENT  PAYABLE
PURSUANT  TO  SUBDIVISION  NINETEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER shall be paid pursuant to this section. For aid payable  in
the  two  thousand  four--two  thousand five school year and thereafter,
"moneys apportioned" shall mean the lesser of (i) 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 produced by
the commissioner in support of the budget  including  the  appropriation
for  support  of boards of cooperative educational services for payments
due prior to April first for the current year, 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
payment to be made in the month of June of two thousand six such  calcu-
lation shall be based on the school aid computer listing for the current
year  using  updated  data  at  the  time of each payment. For districts
subject to chapter five hundred sixty-three  of  the  laws  of  nineteen
hundred  eighty, thirty-six hundred two-b, or two thousand forty of this
chapter, for aid payable in the two  thousand  four--two  thousand  five
school  year  and thereafter, "moneys apportioned" shall mean the appor-

S. 1506--A                         20                         A. 2006--A

tionment calculated by the commissioner based on data  on  file  at  the
time  the payment is processed. The "school aid computer listing for the
current year" shall be as defined in the opening  paragraph  of  section
thirty-six  hundred nine-a of this article.  The definitions "base year"
and "current year" as set forth in subdivision one of section thirty-six
hundred two of this article shall apply to this section.
  § 14. Subparagraphs 2 and 3 of paragraph a of subdivision 1 of section
3609-a of the education law are REPEALED.
  § 14-a. Subparagraph 1 of paragraph b of subdivision 4 of section 92-c
of the state finance law is REPEALED.
  § 15. The education law is amended by adding a  new  article  39-A  to
read as follows:
                              ARTICLE 39-A
                      REGIONAL STEM MAGNET SCHOOLS
SECTION 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS.
  §  1918.  ESTABLISHMENT  OF  REGIONAL  STEM  MAGNET SCHOOLS.   1. A. A
REGIONAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) MAGNET
SCHOOL MAY BE ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
PURSUANT TO THIS SECTION FOR STUDENTS IN GRADES NINE THROUGH TWELVE, AND
SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF EDUCATION.
  B. A BOARD OF COOPERATIVE EDUCATIONAL SERVICES  SHALL  SUBMIT  TO  THE
COMMISSIONER A PROPOSED PLAN FOR THE OPERATION OF SUCH SCHOOL FOR HIS OR
HER APPROVAL, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  C.  SUCH  SCHOOL  SHALL  BE  GOVERNED BY THE BOARD OF EDUCATION OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  D. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE  RESPONSI-
BILITY  FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE SCHOOL AND
SHALL BE RESPONSIBLE FOR THE ADMINISTRATION  OF  THE  SCHOOL,  INCLUDING
CURRICULUM, GRADING, AND STAFFING.
  E.  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED
TO ENTER INTO CONTRACTS AS  NECESSARY  OR  CONVENIENT  TO  OPERATE  SUCH
SCHOOL.
  F.  FOR PURPOSES OF THIS SECTION, THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES.
  G. STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE  TO  BE  ENROLLED  IN
THEIR  SCHOOL  DISTRICT  OF RESIDENCE, AND EACH SCHOOL DISTRICT OF RESI-
DENCE SHALL BE RESPONSIBLE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA  TO
THEIR  RESIDENT STUDENTS WHO ATTENDED THE SCHOOL BASED ON SUCH STUDENTS'
SUCCESSFUL COMPLETION OF THE SCHOOL'S EDUCATIONAL PROGRAM.
  H. FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO  THIS  CHAP-
TER,  STUDENTS    ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE TREATED AND
COUNTED AS STUDENTS OF THEIR SCHOOL DISTRICT OF RESIDENCE.
  I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  EACH
STUDENT'S  SCHOOL DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR PROVID-
ING OR ARRANGING FOR TRANSPORTATION TO ITS RESIDENT  STUDENTS  ATTENDING
SUCH  SCHOOL, IN ACCORDANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT
REGARD TO ANY MAXIMUM MILEAGE LIMITATION.
  J. ALL EMPLOYEES OF THE SCHOOL SHALL BE CONSIDERED  EMPLOYEES  OF  THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  K.  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES MAY ENTER INTO A
LEASE WITH RESPECT TO SUITABLE LAND, CLASSROOMS, OFFICES OR BUILDINGS IN
WHICH TO MAINTAIN AND CONDUCT SUCH SCHOOL PURSUANT TO  SUBDIVISION  FOUR
OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
  L.  THE  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH A
METHODOLOGY FOR THE  APPORTIONMENT  OF  OPERATIONAL  AND  ADMINISTRATIVE
COSTS  OF  SUCH SCHOOL BETWEEN PARTICIPATING SCHOOL DISTRICTS; PROVIDED,

S. 1506--A                         21                         A. 2006--A

HOWEVER,  THAT  NO  COSTS  SHALL  BE  APPORTIONED  TO  COMPONENT  SCHOOL
DISTRICTS THAT ELECT NOT TO PARTICIPATE IN SUCH SCHOOL.
  M.  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 SUCH 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  COSTS  OF  SUCH
PROGRAM,  BUT  PARTICIPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE
LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH  B
OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
  N.  A  SCHOOL  MAY  BE  JOINTLY  OPERATED BY TWO BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO  AN  INTERMUNICIPAL  SHARING  AGREEMENT
ENTERED  INTO  PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL
MUNICIPAL LAW. UPON ADOPTION OF A BUDGET FOR THE PROGRAM  FOR  A  SCHOOL
YEAR,  COSTS SHALL BE ALLOCATED BETWEEN EACH BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES IN A  MANNER  PROVIDED  IN  THE  INTERMUNICIPAL  SHARING
AGREEMENT  AND  INCLUDED  IN  THE  BUDGETS  OF EACH BOARD OF COOPERATIVE
EDUCATIONAL SERVICE.
  O. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS
FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  §  16. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 10 of part CCC of chapter 59 of the
laws of 2018, 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
[eighteen] NINETEEN--two thousand [nineteen] TWENTY 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".
  § 17. Subdivision 12 of section 3602 of the education law, as  amended
by  section 13 of part CCC of chapter 59 of the laws of 2018, is amended
to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in  need
of  improvement  for  at  least  five  years shall, for the two thousand
eight--two thousand nine school  year,  be  entitled  to  an  additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of  fifteen  million  dollars or the product of the total foundation aid
base, as defined by paragraph j of  subdivision  one  of  this  section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the  sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six  hundred
forty-one of this article, less (ii) the total foundation aid base.
  For the two thousand nine--two thousand ten through two thousand four-
teen--two  thousand  fifteen school years, each school district shall be
entitled to an apportionment equal to the  amount  set  forth  for  such

S. 1506--A                         22                         A. 2006--A

school  district  as  "EDUCATION  GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
the commissioner in support of the budget for the two thousand nine--two
thousand  ten  school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred  forty-
one of this article.
  For  the  two thousand fifteen--two thousand sixteen year, each school
district shall be entitled to an apportionment equal to the  amount  set
forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
by  the commissioner in support of the budget for the two thousand four-
teen--two thousand fifteen school year and entitled "SA141-5", and  such
apportionment shall be deemed to satisfy the state obligation to provide
an  apportionment  pursuant  to  subdivision eight of section thirty-six
hundred forty-one of this article.
  For the two thousand sixteen--two thousand seventeen school year, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
under the heading "2015-16 ESTIMATED AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the budget for the
two thousand fifteen--two thousand  sixteen  school  year  and  entitled
"SA151-6",  and  such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight  of
section thirty-six hundred forty-one of this article.
  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.
  For the two thousand eighteen--two thousand nineteen 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  "2017-18 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the  budget  for  the
two  thousand  seventeen--two thousand eighteen school year and entitled
"SA171-8", 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.
  FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY 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  "2018-19 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  BUDGET  FOR  THE
TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND NINETEEN SCHOOL YEAR AND ENTITLED
"SA181-9", 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.
  § 18. The opening paragraph of subdivision 16 of section 3602  of  the
education law, as amended by section 14 of part CCC of chapter 59 of the
laws of 2018, is amended to read as follows:

S. 1506--A                         23                         A. 2006--A

  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  [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY school
years equal to the greater of (1) the amount set forth for  such  school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the  school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand  ten  school  year
and  entitled  "SA0910"  or  (2)  the  amount  set forth for such school
district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in  support
of  the  executive  budget  for  the  2013-14  fiscal  year and entitled
"BT131-4".
  § 19. Subdivision 16 of section  3602-ee  of  the  education  law,  as
amended  by section 19 of part CCC of chapter 59 of the laws of 2018, 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
[nineteen] TWENTY; provided that the program shall continue  and  remain
in full effect.
  §  20.  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

S. 1506--A                         24                         A. 2006--A

state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's  total  general  fund  expenditures  for the preceding school
year. The amount to be deducted in the first year shall be  the  greater
of  (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the  preced-
ing  school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the  product
of  the  district's  total  general  fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal  the
lesser  of  the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount  of  such
excess  payments  shall be recovered in the third year. Provided further
that, notwithstanding any other  provisions  of  this  subdivision,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid  claims
that  had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which  recovery  of
excess  payments  is  to  be  made  pursuant to this paragraph, shall be
reduced at the time of  actual  payment  by  any  remaining  unrecovered
balance  of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be  reduced  by
the  commissioner  to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which  such
payment  was first to be made.  For claims for which payment is first to
be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
the  commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close  of  such  school
year.] For claims for which payment is first to be made [in the nineteen
hundred  ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND EIGHTEEN-
-TWO THOUSAND NINETEEN 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 EIGHTEEN--TWO
THOUSAND NINETEEN SCHOOL YEAR AND  THEREAFTER,  THE  COMMISSIONER  SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
payments shall be barred or reduced where such payment is required as  a
result  of  a  final  audit  of the state. [It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  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 EIGHTEEN--TWO  THOUSAND  NINETEEN  AND
TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS, THE COMMISSION-
ER  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

S. 1506--A                         25                         A. 2006--A

BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET
REQUEST  SUBMITTED  FOR  THE  TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
STATE  FISCAL YEAR AND ENTITLED "BT192-0", 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 TWENTY--TWO
THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE  COMMISSIONER  SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO
SUBDIVISIONS  SIX-A,  ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON  AN
ELECTRONIC  DATA  FILE  USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
  § 21. The opening paragraph of section 3609-a of the education law, as
amended  by section 21 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  through  the  two  thousand eighteen--two thousand nineteen 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 eighteen--two thousand nineteen school year, reference to  such
"school aid computer listing for the current year" shall mean the print-
outs  entitled "SA181-9".] FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN-
-TWO THOUSAND TWENTY SCHOOL YEAR AND  THEREAFTER,  "MONEYS  APPORTIONED"

S. 1506--A                         26                         A. 2006--A

SHALL  MEAN  THE  LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE
RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT
TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT  YEAR
PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
WHICH INCLUDES THE APPROPRIATION FOR  THE  GENERAL  SUPPORT  FOR  PUBLIC
SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED PAYMENTS DUE
PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE
DURING THE CURRENT  SCHOOL  YEAR  PURSUANT  TO  SUBDIVISIONS  SIX-A  AND
FIFTEEN  OF  SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS  PART MINUS ANY
REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION
THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT
PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION  OF  A  SCHOOL  DISTRICT
BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR
HUNDRED  ONE  OF  THIS  CHAPTER,  LESS  ANY  GRANTS PROVIDED PURSUANT TO
SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF  SECTION  NINE-
TY-TWO-C  OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE  FINANCE  LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
TY-SIX  HUNDRED  FORTY-ONE  OF  THIS  ARTICLE, OR (II) THE APPORTIONMENT
CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE  AT  THE  TIME  THE
PAYMENT  IS  PROCESSED;  PROVIDED  HOWEVER, THAT FOR THE PURPOSES OF ANY
PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST  BUSINESS  DAY
OF  JUNE  OF  THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY
AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN,  IF  APPLICABLE,
OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR
DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
CURRENT YEAR OR ANY AIDS  PAYABLE  FOR  FULL-DAY  KINDERGARTEN  FOR  THE
CURRENT  YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART. FOR AID PAYABLE  IN  THE  TWO  THOUSAND  NINETEEN--TWO
THOUSAND  TWENTY  SCHOOL  YEAR,  REFERENCE  TO SUCH "SCHOOL AID COMPUTER
LISTING  FOR  THE  CURRENT  YEAR"  SHALL  MEAN  THE  PRINTOUTS  ENTITLED
"BT192-0".
  §  22.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 22 of part CCC of chapter 59 of the  laws  of
2018, 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 [eighteen] NINETEEN--two thousand [nineteen] TWENTY.
  § 23. Subdivision 6 of section 4402 of the education law,  as  amended
by  section 23 of part CCC of chapter 59 of the laws of 2018, is amended
to read as follows:

S. 1506--A                         27                         A. 2006--A

  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 [nineteen] TWENTY of the two
thousand  [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY school
year, be authorized to increase class sizes in special classes  contain-
ing  students with disabilities whose age ranges are equivalent to those
of students in middle and secondary schools as defined  by  the  commis-
sioner  for  purposes of this section by up to but not to exceed one and
two tenths times the applicable maximum class size  specified  in  regu-
lations  of  the  commissioner  rounded  up to the nearest whole number,
provided that in a city school  district  having  a  population  of  one
million  or  more, classes that have a maximum class size of fifteen may
be increased by no more than one student and provided that the projected
average class size shall not exceed the maximum specified in the  appli-
cable  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 certif-
ication 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 pursuant to
this subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has  failed  to  develop  or
implement an approved corrective action plan.
  §  24.  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

S. 1506--A                         28                         A. 2006--A

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
AND  PERSONS IN PARENTAL RELATIONSHIP 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 RELATIONSHIP 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.
  §  25.  Section 3012-d of the education law is amended by adding a new
subdivision 16 to read as follows:
  16. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION
TO  THE  CONTRARY,  THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR  ADMIN-
ISTERED  TESTS  SHALL  NOT  BE  REQUIRED TO BE UTILIZED IN ANY MANNER TO
DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION.
  B. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  PROVIDING
ALTERNATIVE  ASSESSMENTS  THAT MAY BE USED IN GRADES THREE THROUGH EIGHT
INSTEAD OF ALL OTHER STATE-CREATED OR ADMINISTERED  TESTS,  WHICH  SHALL
INCLUDE  ALL  OF  THE ASSESSMENTS THAT HAVE BEEN APPROVED BY THE COMMIS-
SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS.
  C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR  PRINCIPAL'S
EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI-
VISION  FOUR  OF  THIS SECTION SHALL BE SUBJECT TO COLLECTIVE BARGAINING
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION
TO THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  ABROGATE
ANY  CONFLICTING  PROVISIONS  OF  ANY COLLECTIVE BARGAINING AGREEMENT IN
EFFECT ON THE DATE THIS SUBDIVISION TAKES EFFECT  AND  UNTIL  THE  ENTRY
INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH-
STANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF
SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT
THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY; AND,  PROVIDED  FURTHER,
HOWEVER,  THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES AND
RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS
SECTION INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE  ARTS

S. 1506--A                         29                         A. 2006--A

AND  MATHEMATICS  STATE  ASSESSMENTS  UNTIL  THE  ENTRY INTO A SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT.
  § 26. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
3012-d  of  the education law, subparagraph 1 as amended by section 3 of
subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
as added by section 2 of subpart E of part EE of chapter 56 of the  laws
of 2015, are amended to read as follows:
  (1)  For  the first subcomponent, [(A) for a teacher whose course ends
in a state-created or administered test for which there is a  state-pro-
vided  growth  model,  such  teacher  shall have a state-provided growth
score based on such model, which shall take into  consideration  certain
student  characteristics,  as  determined by the commissioner, including
but not limited to students with disabilities, poverty, English language
learner status and prior  academic  history  and  which  shall  identify
educators  whose  students'  growth  is well above or well below average
compared to similar students for a  teacher's  or  principal's  students
after  the certain student characteristics above are taken into account;
and (B) for a teacher whose course does not end in  a  state-created  or
administered  test such teacher] A TEACHER shall have a student learning
objective (SLO) consistent with a  goal-setting  process  determined  or
developed  by  the commissioner, that results in a student growth score;
provided that, for any teacher whose course ends in a  state-created  or
administered  assessment  [for  which  there is no state-provided growth
model], such assessment [must] MAY be used as the underlying  assessment
for such SLO;
  (2)  For  the  optional  second  subcomponent,  a district may locally
select a second measure  in  accordance  with  this  subparagraph.  Such
second measure shall apply in a consistent manner, to the extent practi-
cable,  across  the district and be either: (A) [a second state-provided
growth score] BASED on  a  state-created  or  administered  test  [under
clause  (A)  of  subparagraph  one  of this paragraph], or (B) [a growth
score] based on a state-designed  supplemental  assessment[,  calculated
using  a  state-provided  or approved growth model]. The optional second
subcomponent shall provide options for multiple assessment measures that
are aligned to existing classroom and school  best  practices  and  take
into  consideration  the recommendations in the testing reduction report
as required by section one of subpart F of  [the  chapter]  PART  EE  OF
CHAPTER  FIFTY-SIX  of the laws of two thousand fifteen which added this
section regarding the reduction of unnecessary additional testing.
  § 27. Subdivision 5 of section 3012-d of the education law,  as  added
by  section 2 of subpart E of part EE of chapter 56 of the laws of 2015,
is amended to read as follows:
  5. Rating determination. The overall  rating  determination  shall  be
determined [according to a methodology] as follows:
  a. [The following rules shall apply: a teacher or principal who is (1)
rated  using  two  subcomponents in the student performance category and
receives a rating of ineffective in such category shall be  rated  inef-
fective  overall;  provided,  however,  that  if the measure used in the
second subcomponent is a state-provided growth score on a  state-created
or administered test pursuant to clause (A) of subparagraph one of para-
graph  a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be  eligible
to  receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent  in  the  student  performance
category and receives a rating of ineffective in such category shall not
be  eligible  to receive a rating of effective or highly effective over-

S. 1506--A                         30                         A. 2006--A

all; and (3) rated ineffective  in  the  teacher  observations  category
shall  not be eligible to receive a rating of effective or highly effec-
tive overall.
  b.  Except as otherwise provided in paragraph a of this subdivision, a
teacher's composite score shall be determined as follows:
  (1)] If a teacher receives an H in the teacher  observation  category,
and  an  H  in the student performance category, the teacher's composite
score shall be H;
  [(2)] B. If a teacher receives an H in the teacher observation catego-
ry, and an E in the student performance category, the teacher's  compos-
ite score shall be H;
  [(3)] C. If a teacher receives an H in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;
  [(4)] D. If a teacher receives an H in the teacher observation catego-
ry,  and an I in the student performance category, the teacher's compos-
ite score shall be D;
  [(5)] E. If a teacher receives an E in the teacher observation catego-
ry, and an H in the student performance category, the teacher's  compos-
ite score shall be H;
  [(6)] F. If a teacher receives an E in the teacher observation catego-
ry,  and an E in the student performance category, the teacher's compos-
ite score shall be E;
  [(7)] G. If a teacher receives an E in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;
  [(8)] H. If a teacher receives an E in the teacher observation catego-
ry, and an I in the student performance category, the teacher's  compos-
ite score shall be D;
  [(9)]  I. If a teacher receives a D in the teacher observation catego-
ry, and an H in the student performance category, the teacher's  compos-
ite score shall be E;
  [(10)] J. If a teacher receives a D in the teacher observation catego-
ry,  and an E in the student performance category, the teacher's compos-
ite score shall be E;
  [(11)] K. If a teacher receives a D in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be D;
  [(12)] L. If a teacher receives a D in the teacher observation catego-
ry, and an I in the student performance category, the teacher's  compos-
ite score shall be I;
  [(13)]  M. If a teacher receives an I in the teacher observation cate-
gory, and an H  in  the  student  performance  category,  the  teacher's
composite score shall be D;
  [(14)]  N. If a teacher receives an I in the teacher observation cate-
gory, and an E  in  the  student  performance  category,  the  teacher's
composite score shall be D;
  [(15)]  O. If a teacher receives an I in the teacher observation cate-
gory, and a D in the student performance category, the teacher's compos-
ite score shall be I;
  [(16)] P. If a teacher receives an I in the teacher observation  cate-
gory,  and  an  I  in  the  student  performance category, the teacher's
composite score shall be I.
  § 28. Subdivision 7 of section 3012-d of the education law,  as  added
by  section 2 of subpart E of part EE of chapter 56 of the laws of 2015,
is amended to read as follows:

S. 1506--A                         31                         A. 2006--A

  7. The commissioner shall ensure that the process by which weights and
scoring ranges are assigned to subcomponents and categories is transpar-
ent and available to those being rated  before  the  beginning  of  each
school  year. Such process must ensure that it is possible for a teacher
or  principal  to  obtain any number of points in the applicable scoring
ranges,  including  zero,  in  each  subcomponent.  The  superintendent,
district  superintendent  or  chancellor  and  the representative of the
collective bargaining unit (where  one  exists)  shall  certify  in  the
district's  plan that the evaluation process shall use the standards for
the scoring ranges provided by the commissioner.    [Provided,  however,
that in any event, the following rules shall apply: a teacher or princi-
pal who is:
  a.  rated  using two subcomponents in the student performance category
and receives a rating of ineffective in such  category  shall  be  rated
ineffective  overall,  except  that  if  the  measure used in the second
subcomponent is a second state-provided growth score on a state-adminis-
tered or sponsored test pursuant to clause (A) of  subparagraph  one  of
paragraph  a of subdivision four of this section, a teacher or principal
that receives a rating of ineffective in  such  category  shall  not  be
eligible to receive a rating of effective or highly effective overall;
  b.  rated  using  only  the  state measure subcomponent in the student
performance category and receives a rating of ineffective in such  cate-
gory  shall  not  be eligible to receive a rating of effective or highly
effective overall; and
  c. rated ineffective in the observations category shall not be  eligi-
ble to receive a rating of effective or highly effective overall.]
  §  29. Subdivision 10 of section 3012-d of the education law, as added
by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
is amended to read as follows:
  10.  The  local  collective  bargaining representative shall negotiate
with the district:
  a. whether to use a second measure, and, in the event  that  a  second
measure  is  used, which measure to use, pursuant to subparagraph two of
paragraph a of subdivision four of this section [and];
  b. how to implement the provisions of paragraph b of subdivision  four
of  this  section,  and  associated  regulations  as  established by the
commissioner, in accordance with article fourteen of the  civil  service
law; AND
  C.  THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A
AND B OF SUBDIVISION SIXTEEN OF THIS SECTION.
  § 30. Section 2 of subpart B of part AA of chapter 56 of the  laws  of
2014  amending the education law relating to providing that standardized
test scores shall not be included on a student's  permanent  record,  as
amended  by section 35 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
  § 2. This act shall take effect immediately [and shall expire  and  be
deemed repealed on December 31, 2019].
  §  31.  Subdivision  10 of section 3209 of the education law is renum-
bered subdivision 11 and a new  subdivision  10  is  added  to  read  as
follows:
  10.  EVERY  SCHOOL  DISTRICT  RECEIVING FUNDS PURSUANT TO THIS SECTION
SHALL ANNUALLY SUBMIT TO THE DEPARTMENT AN ACCOUNTING OF THE USE OF SUCH
FUNDS IN THE PRIOR SCHOOL YEAR BEFORE THE END OF THE  SUCCEEDING  SCHOOL
YEAR.  THE  COMMISSIONER  SHALL  REVIEW  SUCH ACCOUNTING AND DEVELOP, IN
CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND  DISA-

S. 1506--A                         32                         A. 2006--A

BILITY  ASSISTANCE, AN IDENTIFICATION OF BEST PRACTICES TO SUPPORT HOME-
LESS YOUTH.
  §  32.  Section 2801-a of the education law is amended by adding a new
subdivision 10 to read as follows:
  10. EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF
SCHOOL PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE  TO
STUDENT  MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL DISTRICT
OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW
ENFORCEMENT OR PUBLIC OR PRIVATE SECURITY  PERSONNEL,  INCLUDING  SCHOOL
RESOURCE  OFFICERS,  SHALL ESTABLISH A WRITTEN CONTRACT OR MEMORANDUM OF
UNDERSTANDING THAT IS DEVELOPED WITH  STAKEHOLDER  INPUT.  SUCH  WRITTEN
CONTRACT  OR  MEMORANDUM  OF UNDERSTANDING SHALL DEFINE THE RELATIONSHIP
BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS,
VISITORS, LAW ENFORCEMENT, AND PUBLIC  OR  PRIVATE  SECURITY  PERSONNEL.
SUCH  CONTRACT  OR  MEMORANDUM OF UNDERSTANDING SHALL BE CONSISTENT WITH
THE CODE OF CONDUCT, DEFINE  LAW  ENFORCEMENT  OR  SECURITY  PERSONNEL'S
ROLES,  RESPONSIBILITIES  AND  INVOLVEMENT  WITHIN  A SCHOOL AND CLEARLY
DELEGATE THE ROLE OF SCHOOL DISCIPLINE  TO  THE  SCHOOL  ADMINISTRATION.
SUCH  WRITTEN  CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE INCORPO-
RATED INTO AND PUBLISHED AS PART OF THE DISTRICT SAFETY PLAN.
  § 33. The section heading of section 804  of  the  education  law,  as
amended  by chapter 390 of the laws of 2016, is amended and a new subdi-
vision 7-a is added to read as follows:
  Health education regarding  mental  health,  alcohol,  drugs,  tobacco
abuse,  AND  HEALTHY  RELATIONSHIPS  and the prevention and detection of
certain cancers.
  7-A. (A) A HEALTHY RELATIONSHIPS EDUCATION INSTRUCTION  PROGRAM  SHALL
BE  INCLUDED  WITHIN  THE  HEALTH  EDUCATION PROVIDED TO ALL STUDENTS IN
GRADES SIX THROUGH TWELVE. SUCH  PROGRAMS  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO  AGE-APPROPRIATE,  MEDICALLY  ACCURATE  INSTRUCTION TEACHING
COMPREHENSIVE SEXUAL EDUCATION, SEXUAL HEALTH AND  HEALTHY  RELATIONSHIP
PRACTICES.  SUCH PROGRAM SHALL BE INCLUSIVE AND RESPECTFUL OF ALL PUPILS
REGARDLESS OF RACE, ETHNICITY, GENDER, DISABILITY,  SEXUAL  ORIENTATION,
OR GENDER IDENTITY AND INCLUDE, BUT NOT BE LIMITED TO:
  (I)  IDENTIFICATION  AND  EXAMINATION OF IDEAS ABOUT HEALTHY RELATION-
SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA;
  (II) SELF-ESTEEM AND SELF-WORTH;
  (III) FRIENDSHIP AND EMPATHY;
  (IV) A DEFINITION OF TEEN DATING VIOLENCE;
  (V) RECOGNITION OF WARNING SIGNS ESTABLISHED BY A DATING PARTNER;
  (VI) CHARACTERISTICS OF A HEALTHY RELATIONSHIP;
  (VII) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE;
  (VIII) SAFE USE OF TECHNOLOGY;
  (IX) A DISCUSSION OF LOCAL COMMUNITY RESOURCES FOR  THOSE  IN  A  TEEN
DATING VIOLENCE RELATIONSHIP;
  (X)  AN  AGE-APPROPRIATE  DEFINITION OF AFFIRMATIVE CONSENT CONSISTENT
WITH THAT USED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER;
  (XI) AGE-APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH;
  (XII)  AGE-APPROPRIATE  INSTRUCTING  TO  IDENTIFY  AND  REPORT  SEXUAL
EXPLOITATION AND ABUSE; AND
  (XIII) INSTRUCTION TO IDENTIFY AND REPORT SEXUAL HARASSMENT.
  (B)  THE  EDUCATIONAL STANDARDS FOR SUCH PROGRAM SHALL BE ADDED TO THE
HEALTH EDUCATION STANDARDS AFTER CONSULTATION WITH THE  COMMISSIONER  OF
HEALTH  AND  THE  COMMISSIONER  OF  CHILDREN  AND FAMILY SERVICES AND BE
DESIGNED TO EDUCATE  STUDENTS  ABOUT  HEALTHY  RELATIONSHIPS.  PRIOR  TO
ADOPTING  THE  EDUCATION  STANDARDS,  THE COMMISSIONER SHALL ESTABLISH A

S. 1506--A                         33                         A. 2006--A

TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS  REGARDING  THE  SCOPE  AND
SUBSTANCE OF THE STANDARDS. THE TASK FORCE SHALL:
  (I)  SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL ADMINISTRATORS,
TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE  PROPOSED
SUBJECT AREAS;
  (II) SEEK THE RECOMMENDATIONS OF EXPERTS AND ORGANIZATIONS EXPERIENCED
IN THE PROPOSED SUBJECT AREAS; AND
  (III)  SEEK  COMMENT  FROM  PARENTS,  STUDENTS  AND  OTHER  INTERESTED
PARTIES.
  (C) THE COMMISSIONER SHALL DEVELOP AGE-APPROPRIATE MODEL INSTRUCTIONAL
RESOURCES FOR PARENTS AND EDUCATORS FOR  POTENTIAL  USE  IN  INSTRUCTING
STUDENTS  ABOUT  PHYSICAL SELF-AWARENESS AND HEALTHY RELATIONSHIPS. SUCH
RESOURCES SHALL BE DEVELOPED AFTER  CONSULTATION  WITH  EXPERTS  IN  THE
FIELD.
  (D)  A  WEBPAGE  ON  THE  DEPARTMENT'S  WEBSITE  SHALL BE DEDICATED TO
PROVIDING INFORMATION AND RESOURCES TO PARENTS, STUDENTS,  TEACHERS  AND
SCHOOL  DISTRICT OFFICIALS RELATED TO COMPREHENSIVE SEXUAL EDUCATION AND
HEALTHY RELATIONSHIPS.
  (E) FOR THE PURPOSES OF  THIS  SECTION  "AGE-APPROPRIATE"  SHALL  MEAN
TOPICS,  MESSAGES,  AND  TEACHING METHODS SUITABLE TO PARTICULAR AGE AND
DEVELOPMENTAL LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND  EXPERI-
ENCE  LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY ACCURATE"
SHALL  MEAN  INFORMATION  SUPPORTED  BY  PEER  REVIEWED,  EVIDENCE-BASED
RESEARCH  RECOGNIZED  AS  ACCURATE BY LEADING PROFESSIONAL ORGANIZATIONS
AND AGENCIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSO-
CIATION AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
  (F) NOTWITHSTANDING THE  PROVISIONS  OF  THIS  SUBDIVISION,  A  SCHOOL
DISTRICT  SHALL  PROVIDE  REASONABLE  NOTICE TO PARENTS AND GUARDIANS OF
STUDENTS IN GRADES SIX THROUGH TWELVE  THAT  SUCH  INSTRUCTION  WILL  BE
GIVEN  AND  THE  NATURE  OF  THE CURRICULUM. ANY PARENT OR GUARDIAN OF A
STUDENT IN GRADES SIX THROUGH TWELVE  MAY  DIRECT  THE  REMOVAL  OF  THE
STUDENT  FROM  SUCH  INSTRUCTION  UPON  WRITTEN  NOTICE  TO  THE  SCHOOL
DISTRICT.
  § 34. Section 305 of the education law is  amended  by  adding  a  new
subdivision 60 to read as follows:
  60.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO REQUIRE THAT EVERY
SCHOOL DISTRICT ADOPT AND DISTRIBUTE A POLICY  REGARDING  SEX  DISCRIMI-
NATION  PURSUANT  TO  TITLE  IX  OF THE EDUCATION AMENDMENTS OF 1972, 20
U.S.C. § 1681 ET SEQ., AND THAT SUCH POLICY SHALL  SPECIFICALLY  ADDRESS
DISCRIMINATION  AGAINST  PREGNANT  AND PARENTING STUDENTS. PROVIDED THAT
SUCH POLICIES SHALL INCLUDE: A. STUDENTS' RIGHTS TO ATTEND  CLASSES  AND
PARTICIPATE  IN  EXTRACURRICULAR  ACTIVITIES  REGARDLESS  OF PREGNANT OR
PARENTING STATUS; B. OPPORTUNITIES TO MAKE UP  MISSED  CLASSWORK  OR  TO
EXCUSE  ABSENCES  DUE TO PREGNANCY, CHILDBIRTH OR RELATED CONDITIONS; C.
PROTECTIONS OF STUDENTS FROM  HARASSMENT;  AND  D.  A  FORMAL  GRIEVANCE
PROCEDURE.
  §  35.  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
25 of part CCC of chapter 59 of the laws of 2018, is amended to read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section for the 2016--2017 school year shall not  exceed  60.3
percent of the lesser of such approvable costs per contact hour or thir-
teen  dollars ninety cents per contact hour, reimbursement for the 2017-
-2018 school year shall not exceed 60.4 percent of the  lesser  of  such

S. 1506--A                         34                         A. 2006--A

approvable  costs  per contact hour or thirteen dollars and ninety cents
per contact hour, [and] reimbursement for  the  2018--2019  school  year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
AND  REIMBURSEMENT  FOR THE 2019--2020 SCHOOL YEAR SHALL NOT EXCEED 57.7
PERCENT OF THE LESSER OF SUCH  APPROVABLE  COSTS  PER  CONTACT  HOUR  OR
FIFTEEN  DOLLARS  AND FIFTY-FIVE 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 2016--2017 school year such contact  hours  shall  not
exceed  one million five hundred fifty-one thousand three hundred twelve
(1,551,312); whereas 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); [and] WHEREAS for the 2018--2019 school
year such contact hours  shall  not  exceed  one  million  four  hundred
sixty-three  thousand  nine hundred sixty-three (1,463,963), AND FOR THE
2019--2020 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED  ONE  MILLION
TWO  HUNDRED EIGHTY-TWO THOUSAND FIFTY-ONE (1,282,051).  Notwithstanding
any other provision of law to the contrary, the apportionment calculated
for the city school district of the city of New York pursuant to  subdi-
vision  11  of section 3602 of the education law shall be computed as if
such contact hours provided by the consortium for worker education,  not
to  exceed  the contact hours set forth herein, were eligible for aid in
accordance with the provisions of such subdivision 11 of section 3602 of
the education law.
  § 36. 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 x to read as follows:
  X.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2019--2020 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).
  §  37. 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 27 of part CCC
of chapter 59 of the laws of 2018, is amended to read as follows:
  § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2019] 2020.
  §  38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for  the  support  of
government,  as  amended  by section 28 of part CCC of chapter 59 of the
laws of 2018, 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,
[2019] 2020 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

S. 1506--A                         35                         A. 2006--A

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, [2019] 2020;
  §  39.  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 31 of part CCC
of chapter 59 of the laws of 2018, 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, [2019] 2020 when
upon such date the provisions of this act shall be deemed repealed.
  §  40.  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 33 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
  § 4. This act shall take effect July 1, 2002 and SECTION ONE  OF  THIS
ACT  shall expire and be deemed repealed June 30, 2019, AND SECTIONS TWO
AND THREE OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED  ON  JUNE  30,
2020.
  §  41.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part CCC of chapter 59 of the  laws
of 2018, 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, [2019] 2020.
  § 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 G of chapter 61 of the laws of 2017, 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, [2019] 2022 provided,
further, that notwithstanding any provision of article 5 of the  general
construction law, on June 30, [2019] 2022 the provisions of subdivisions
3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
2554  of  the  education  law  as repealed by section three of this act,
subdivision 1 of section 2590-b of the  education  law  as  repealed  by
section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven  of  this  act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as  repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of  this
act,  subdivision  28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
section  thirty  of  this  act  shall  be  revived  and  be read as such
provisions existed in law on the date immediately preceding  the  effec-
tive  date of this act; provided, however, that sections seven and eight
of this act shall take effect on November  30,  2003;  provided  further
that  the  amendments to subdivision 25 of section 2554 of the education

S. 1506--A                         36                         A. 2006--A

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 G of chapter 61 of the laws
of 2017, 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, [2019] 2022.
  § 44. 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 40 of part YYY of chapter 59 of the laws of 2017,
is amended to read as follows:
  § 7. This act shall take effect September 1, 1998,  and  shall  expire
and be deemed repealed September 1, [2019] 2021.
  §  45.  Section  2  of  chapter  552 of the laws of 1995, amending the
education law relating to contracts for  the  transportation  of  school
children,  as  amended by section 25 of part A of chapter 54 of the laws
of 2016, is amended to read as follows:
  § 2. This act shall take effect on  the  first  day  of  January  next
succeeding the date on which it shall have become a law and shall remain
in  full  force  and effect until January 1, [2020] 2023, when upon such
date the provisions of this act shall be deemed repealed.
  § 46. Section 26 of subpart F of part C of chapter 97 of the  laws  of
2011 amending the education law relating to census reporting, as amended
by  section 21-a of part A of chapter 56 of the laws of 2014, is amended
to read as follows:
  § 26. This act shall take effect immediately provided,  however,  that
the provisions of section three of this act shall expire June 30, [2019]
2024  when upon such date the provisions of such section shall be deemed
repealed; provided, further that the provisions of sections eight, elev-
en, twelve, thirteen and twenty of this act shall expire  July  1,  2014
when  upon  such  date  the  provisions of such sections shall be deemed
repealed.
  § 47. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2019--2020 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.
  § 48. 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  2020  and  not later than the last day of the third full
business week of June 2020, 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, 2020, for salary expenses incurred between April  1  and

S. 1506--A                         37                         A. 2006--A

June 30, 2019 and such apportionment shall not exceed the sum of (i) the
deficit  reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186  percent  of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with  a  population  of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus  (iv)  the  net  gap  elimination
adjustment  for  2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by  the  commissioner  of
education  pursuant  to  subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed  such
salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  § 49. 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, 2020, 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, 2020 and  such  apportionment  shall

S. 1506--A                         38                         A. 2006--A

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.
  § 50. 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 2019--2020 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  §  51. The amounts specified in this section shall be a set-aside from
the state funds which each such district is  receiving  from  the  total
foundation aid:
  a.  for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2019--2020  school  year.  For  the  city
school  district  of  the  city of New York there shall be a setaside of
foundation aid equal to forty-eight  million  one  hundred  seventy-five
thousand  dollars  ($48,175,000) including five hundred thousand dollars

S. 1506--A                         39                         A. 2006--A

($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
school   district,   twenty-one  million  twenty-five  thousand  dollars
($21,025,000); for the Rochester city school district,  fifteen  million
dollars  ($15,000,000);  for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the  Yonkers  city  school  district,
forty-nine  million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for  the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000);  for  the  Port
Chester  city  school  district,  one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city  school  district,  nine
hundred  thousand  dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the  Albany  city
school  district,  three  million  five  hundred  fifty thousand dollars
($3,550,000); for the Utica city school district,  two  million  dollars
($2,000,000);  for  the Beacon city school district, five hundred sixty-
six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
district,  four  hundred  thousand  dollars ($400,000); for the Freeport
union free school district, four hundred  thousand  dollars  ($400,000);
for  the  Greenburgh  central  school  district,  three hundred thousand
dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
district, two hundred thousand dollars ($200,000); and  for  the  Hudson
city school district, four hundred thousand dollars ($400,000).
  b.  Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation  aid  pursuant  to  this
section  may  use  such  setaside  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 associated with
implementation of an alternative approach to  promote  diversity  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.
  c.  The  commissioner of education shall not be authorized to withhold
foundation aid 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 2019--2020 school  year,  and
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
2019--2020 school year, it is further  provided  that  any  city  school
district  in  a  city having a population of more than one million shall
allocate at least one-third of any increase from  base  year  levels  in
funds set aside pursuant to the requirements of this section to communi-
ty-based  organizations.  Any increase required pursuant to this section
to community-based organizations must  be  in  addition  to  allocations
provided to community-based organizations in the base year.
  d.  For the purpose of teacher support for the 2019--2020 school year:
for the city school district of the city of New York, sixty-two  million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city

S. 1506--A                         40                         A. 2006--A

school  district,  one  million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and for 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.
  §  52.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2018  enacting
the  aid  to  localities  budget shall be apportioned for the 2019--2020
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 2019--2020
by a chapter of the laws of 2019 enacting the education, labor and fami-
ly assistance budget shall fulfill the  state's  obligation  to  provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion  and  approved  by  the  director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations  shall  be
reduced  proportionately  to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
  § 53. 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.
  §  54.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2019, provided,
however, that:

S. 1506--A                         41                         A. 2006--A

  1. Sections one, three, four, five, five-a, six, seven,  eight,  nine,
ten,  sixteen,  seventeen, eighteen, nineteen, twenty, twenty-one, twen-
ty-two, twenty-three, thirty-two, thirty-four,  forty-seven,  fifty  and
fifty-one of this act shall take effect July 1, 2019;
  2.  Sections  eleven,  twelve, thirteen and fourteen of this act shall
take effect July 1, 2020;
  3. Paragraph (a) of subdivision 7-a of section 804  of  the  education
law,  as  added  by  section thirty-three of this act, shall take effect
July 1, 2019;
  4. The amendments to section 3614 of the education law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith; and
  5. The amendments to 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 made by sections  thirty-five  and
thirty-six  of  this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith.

                                 PART B

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

S. 1506--A                         42                         A. 2006--A

WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED
BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
  § 3. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A  PROFESSION  WHICH
SUCH  CORPORATION  IS  AUTHORIZED  TO  PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION  IN  SUCH  CORPORATION  OR  A
PREDECESSOR  ENTITY,  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES  ARE
ISSUED  AND  MAY  ALSO  ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II)  AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
  (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED  PUBLIC
ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
NO  SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS  ARTICLE  SHALL  ENTER  INTO  A
VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME  CORPORATION,
THE  AUTHORITY  TO  EXERCISE  VOTING  POWER  OF ANY OR ALL OF HIS OR HER
SHARES. ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED  IN
VIOLATION OF THIS SECTION SHALL BE VOID.
  § 4. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  THE  DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING  AS  A  PROFESSIONAL  SERVICE  CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE  MAY  INCLUDE  INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST  FIFTY-ONE  PERCENT  OF  THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE  CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY  LAW  TO  PRACTICE  IN  THIS  STATE  A
PROFESSION  WHICH  SUCH  CORPORATION  IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN  THE  PRACTICE  OF
THEIR PROFESSIONS IN SUCH CORPORATION.
  § 5. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification   of   shareholders,  directors,  officers  and
          employees.
  If any shareholder, director, officer or employee  of  a  professional
service  corporation,  including  a  design  professional service corpo-
ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCORPORAT-
ING  AS  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who  has  been  rendering
professional service to the public becomes legally disqualified to prac-
tice  his  profession  within  this state, he shall sever all employment
with, and financial interests (other than interests as a  creditor)  in,
such  corporation  forthwith or as otherwise provided in section 1510 of

S. 1506--A                         43                         A. 2006--A

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

S. 1506--A                         44                         A. 2006--A

for  shares  issued  by  a professional service corporation. Any sale or
transfer in violation of such restrictions shall be void.
  (C)  A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN  HUNDRED  THREE  OF  THIS  ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS  OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A  FIRM  ESTABLISHED  FOR  THE  BUSINESS  PURPOSE  OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR  REDEEM  THE  SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER  SUCH  TERMINATION,  ARE
SOLD  OR  TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
  § 7. Paragraph (a) of section 1512 of the business corporation law, as
amended by chapter 550 of the laws  of  2011,  is  amended  to  read  as
follows:
  (a) Notwithstanding  any other provision of law, the name of a profes-
sional service corporation,  including  a  design  professional  service
corporation  AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain  any  word
which,  at  the  time  of  incorporation, could be used in the name of a
partnership practicing a profession which the corporation is  authorized
to  practice,  and  may  not contain any word which could not be used by
such a partnership.   Provided, however,  the  name  of  a  professional
service corporation may not contain the name of a deceased person unless
  (1) such  person's  name was part of the corporate name at the time of
such person's death; or
  (2) such person's name was part of the name of an existing partnership
and at least two-thirds of such partnership's partners become sharehold-
ers of the corporation.
  § 8. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE  DATE  PRESCRIBED  BY  THE  LICENSING  AUTHORITY,
FURNISH  A  STATEMENT  TO  THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND  OFFICER  OF  SUCH
CORPORATION  AND  CERTIFY  AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II)  AT  LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
  (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND  WERE  CERTI-
FIED PUBLIC ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER  OR  OFFICERS  ARE  AND  WERE  CERTIFIED  PUBLIC
ACCOUNTANTS.
THE  STATEMENT  SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND  ATTESTED  TO  BY  THE  SECRETARY  OR  ANY
ASSISTANT SECRETARY OF THE CORPORATION.
  § 9. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:

S. 1506--A                         45                         A. 2006--A

  (d) "Foreign  professional  service  corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the  sharehold-
ers,  directors  and  officers  of  which are authorized and licensed to
practice  the  profession  for  which such corporation is licensed to do
business; except that all shareholders,  directors  and  officers  of  a
foreign  professional service corporation which provides health services
in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE  CORPORATION  FORMED  TO
LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR
EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR-
ITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF  FINANCIAL  INTERESTS,
INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A  VALID  LICENSE  ISSUED  UNDER  SECTION  SEVENTY-FOUR
HUNDRED  FOUR  OF  THE  EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED
UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION  LAW.  ALTHOUGH
FIRMS  MAY  INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST
COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.    NOTWITH-
STANDING  THE  FOREGOING,  A  FIRM REGISTERED UNDER THIS SECTION MAY NOT
HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE  WORDS  "CERTI-
FIED  PUBLIC  ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
OPERATING UNDER THIS SECTION SHALL BE  A  NATURAL  PERSON  WHO  ACTIVELY
PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED ENTITIES,
PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE  BUSINESS  CONDUCTED  BY
THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,
"ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT  OF
THE FIRM.
  §  10.  Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
EACH  PARTNER  OF  A  REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE  OF  BUSINESS
IS  IN  THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited  liabil-
ity partnership formed to provide professional engineering, land survey-
ing,  geological  services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of

S. 1506--A                         46                         A. 2006--A

such  professions  in  this  state. Each partner of a registered limited
liability partnership formed to provide licensed  clinical  social  work
services  in  this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner  of  a  registered  limited  liability partnership formed to provide
creative arts therapy services in this state must be  licensed  pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  Each partner of a registered limited liability partnership
formed to provide marriage and family therapy  services  in  this  state
must  be  licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership  formed  to  provide  mental  health
counseling  services  in this state must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant  to  article  163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
OTHER  PROVISIONS  OF  LAW  A  LIMITED  LIABILITY  PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
7404  OF  THE  EDUCATION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED
BY  THE  STATE  BOARD  OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED  PUBLIC  ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-
LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS  SECTION  SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR  PROFESSIONAL  CORPORATION,  PROVIDED  EACH
BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  §  11.  Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a

S. 1506--A                         47                         A. 2006--A

foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign  limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant  to
article  145,  article  147  and/or  article 148 of the education law to
practice one or more of such professions.   EACH PARTNER  OF  A  FOREIGN
REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED  PURSUANT
TO  ARTICLE  149  OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
THIS STATE. Each partner of  a  foreign  limited  liability  partnership
which provides licensed clinical social work services in this state must
be  licensed  pursuant  to  article 154 of the education law to practice
licensed clinical social work in this state. Each partner of  a  foreign
limited  liability  partnership  which  provides  creative  arts therapy
services in this state must be licensed pursuant to article 163  of  the
education  law  to  practice  creative  arts therapy in this state. Each
partner of  a  foreign  limited  liability  partnership  which  provides
marriage  and  family  therapy  services  in this state must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education  law  to
practice  mental  health  counseling  in  this  state. Each partner of a
foreign limited  liability  partnership  which  provides  psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner  of
a  foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or  certified  pursuant
to  article 167 of the education law to practice applied behavior analy-
sis in this state.   NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  A
FOREIGN  LIMITED  LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED  TO  SHOW  (1)
THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN-
CIAL  INTERESTS,  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND  VOTING
RIGHTS  HELD  BY  THE  FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS  OF
A  FOREIGN  LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN  THE  PRACTICE  OF  PUBLIC
ACCOUNTANCY  IN  THIS  STATE,  HOLD A VALID LICENCE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW  OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING  THE  FOREGOING,  A  FIRM
REGISTERED  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS."    EACH
NON-LICENSEE  OWNER  OF  A  FIRM THAT IS INCORPORATED UNDER THIS SECTION
SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE  BUSINESS
OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT
NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM

S. 1506--A                         48                         A. 2006--A

OR ITS AFFILIATED ENTITIES.  FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE"  MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  §  12.  Subdivision  (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
unless  the  context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners.  NOTWITHSTANDING  ANY
OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES  PROMULGATED  BY  THE  STATE  BOARD  OF  REGENTS.
NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF  THE  FIRM'S  NAME  INCLUDES  THE  WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP  OR  PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN  SUCH  ENTITY  IS  A  NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
  § 13. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state.  With respect to a professional service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land surveying, architectural, landscape architectural and/or geological

S. 1506--A                         49                         A. 2006--A

services  as  such  services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited  liability
company  must  be  licensed  pursuant to article 145, article 147 and/or
article  148  of  the  education  law  to  practice  one or more of such
professions in this state.   WITH  RESPECT  TO  A  PROFESSIONAL  SERVICE
LIMITED  LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE  EDUCATION  LAW  EACH
MEMBER  OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE  EDUCATION  LAW  TO  PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited  liability  company  formed  to provide licensed clinical social
work services as such services are defined in article 154 of the  educa-
tion  law,  each  member  of  such  limited  liability  company shall be
licensed pursuant to article  154  of  the  education  law  to  practice
licensed  clinical  social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined  in  article  163  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. With respect  to  a  professional  service
limited  liability  company  formed  to provide mental health counseling
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  mental  health
counseling in this state. With respect to a professional service limited
liability  company  formed  to  provide  psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article  163
of  the  education  law  to  practice psychoanalysis in this state. With
respect to a professional service limited liability  company  formed  to
provide  applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice  applied  behavior  analysis  in  this  state.
NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE  PRACTICE  OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY  OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS  HELD  BY  THE
FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN  THE  PRACTICE  OF  PUBLIC
ACCOUNTANCY  IN  THIS  STATE,  HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW  OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS.   NOTWITHSTANDING THE FOREGOING,  A  FIRM
REGISTERED  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE

S. 1506--A                         50                         A. 2006--A

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

S. 1506--A                         51                         A. 2006--A

licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional  service  limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides creative arts  therapy  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  With  respect  to  a  foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  marriage  and  family  therapy  in  this  state. With respect to a
foreign professional service limited liability  company  which  provides
mental  health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such  foreign  professional
service  limited  liability company must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited  liability
company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT  ALL  MEMBERS  OF  A  FOREIGN  LIMITED  PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  7404  OF  THE
EDUCATION  LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE  OWNERS,  THE
FIRM  AND  ITS  OWNERS  MUST  COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS.   NOTWITHSTANDING THE  FOREGOING,  A  FIRM  REGISTERED

S. 1506--A                         52                         A. 2006--A

UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER  OF  A  FIRM  THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM  OR
ITS  AFFILIATED  ENTITIES,  OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH  BENEFICIAL
OWNER  OF  AN  EQUITY  INTEREST  IN  SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS  CONDUCTED  BY  THE  FIRM  OR  ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  § 15. This act shall take effect immediately.

                                 PART C

  Section  1.  Section  1604 of the education law is amended by adding a
new subdivision 43 to read as follows:
  43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ-
ING THE USE OF SCHOOL BUS CAMERAS PURSUANT  TO  SECTION  ELEVEN  HUNDRED
EIGHTEEN  OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY
ALSO ENTER INTO CONTRACTS WITH  A  THIRD  PARTY  FOR  THE  INSTALLATION,
ADMINISTRATION,  OPERATION,  NOTICE  PROCESSING, AND MAINTENANCE OF SUCH
CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU-
ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND  TRAFFIC  LAW,
PROVIDED  THAT  THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTE-
NANCE, OR ANY OTHER COSTS ASSOCIATED WITH  SUCH  CAMERAS  SHALL  NOT  BE
CONSIDERED  AN  AIDABLE  EXPENSE  PURSUANT TO SECTION THIRTY-SIX HUNDRED
TWENTY-THREE-A OF THIS CHAPTER.
  § 2. Section 1709 of the education law is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43.  TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD, AUTHORIZING
THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN  HUNDRED  EIGH-
TEEN  OF  THE  VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE BOARD MAY ALSO
ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE  INSTALLATION,  ADMINIS-
TRATION,  OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS,
AND FOR THE SHARING OF REVENUE DERIVED FROM  SUCH  CAMERAS  PURSUANT  TO
SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED
THAT  THE  PURCHASE,  LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR
ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED  AN
AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF
THIS CHAPTER.
  §  3.  The  vehicle and traffic law is amended by adding a new section
1118 to read as follows:
  § 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A
SCHOOL BUS. (A) 1. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  EACH
BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED
AND  EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL BUS
SAFETY CAMERA PROGRAM IMPOSING MONETARY LIABILITY  ON  THE  OWNER  OF  A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
HUNDRED  SEVENTY-FOUR  OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER A BOARD
OF EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION  CONTRACTOR
THAT  HAS  CONTRACTED  WITH  SUCH  SCHOOL DISTRICT TO INSTALL SCHOOL BUS
SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY  OR  CONTRACTED  WITH  SUCH
DISTRICT.

S. 1506--A                         53                         A. 2006--A

  2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE
EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS SAFETY
CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER,  THE  PASSEN-
GERS,  OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF  LIABILITY  ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF  THE
CONTENTS  OF  A  VEHICLE,  PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A
REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT  TO
SUBDIVISION  (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS  USED
OR  OPERATED  WITH  THE  PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN
VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF
THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM
A  SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING  VIOLATION
OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"SCHOOL BUS SAFETY CAMERA" SHALL  MEAN  AN  AUTOMATED  PHOTO  MONITORING
DEVICE  AFFIXED  TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT
AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT  OVER-
TAKE  OR  PASS  SCHOOL  BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
  (D) NO SCHOOL DISTRICT OR SCHOOL BUS  TRANSPORTATION  CONTRACTOR  THAT
HAS  INSTALLED  CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES
FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT  WITH  THE
APPROPRIATE  LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING
AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES  FROM  SUCH
CAMERAS  TO  A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN
WHICH THE VIOLATION  OCCURRED  FOR  THE  PURPOSE  OF  IMPOSING  MONETARY
LIABILITY  ON  THE  OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR
PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN
HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE.   AFTER RECEIPT OF SUCH IMAGES A
POLICE OFFICER SHALL INSPECT SUCH  VIDEOTAPE  AND  IMAGES  TO  DETERMINE
WHETHER  A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN-
TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A  CERTIFICATE,
SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER  RECORDED  IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED  THEREIN.  ANY  PHOTOGRAPHS,
MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION.
  (E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION  OF
SUBDIVISION  (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE
SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS.
  (E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY  SUBDIVISION  (E)  OF
THIS  SECTION  SHALL  BE  PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN
SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING  INTO  A  MEMORANDUM  OF
UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF
SUCH  PENALTY  RECEIVED  TO  THE  LOCAL LAW ENFORCEMENT AGENCY, PROVIDED
HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW  ENFORCE-
MENT  AGENCY  EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL
DISTRICT.

S. 1506--A                         54                         A. 2006--A

  (F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE  DEEMED
A  CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE  INSURANCE
COVERAGE.
  (G)  1.  A  NOTICE  OF  LIABILITY  SHALL BE SENT BY THE RESPECTIVE LAW
ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO  EACH  PERSON  ALLEGED  TO  BE
LIABLE  AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO  THIS  SECTION.  PERSONAL
DELIVERY  ON  THE  OWNER  SHALL  NOT  BE REQUIRED. A MANUAL OR AUTOMATIC
RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS  SHALL  BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
(A)  OF  SECTION  ELEVEN  HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO
THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE  INVOLVED  IN  SUCH
VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
PERSON  CHARGED  OF  THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE  OF  LIABILITY  SHALL  ALSO
CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC-
TIVE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION WHERE
THE VIOLATION OCCURRED.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL  BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,  EXCEPT  THAT
ANY  CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE TRIBUNAL
TO HEAR AND DETERMINE OWNER LIABILITY ESTABLISHED BY  THIS  ARTICLE  FOR
FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU-
NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION.
  (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED  TO  A
POLICE  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION  THAT
THE  VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME
THE VIOLATION OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH  TIME.  FOR
PURPOSES  OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL
BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON  THE  STOLEN
VEHICLE  BE  SENT  BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU,
COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (J) WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON  OWNERS  PURSUANT
TO  THIS  SECTION  IS  BY AN ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS
BUREAU, OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A  LESSOR  OF  A
VEHICLE  TO  WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVI-
SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI-
VISION (A)  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE,
PROVIDED  THAT  HE  OR SHE SENDS TO THE ADMINISTRATIVE TRIBUNAL, TRAFFIC
VIOLATIONS BUREAU, OR COURT HAVING JURISDICTION A COPY  OF  THE  RENTAL,
LEASE  OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE

S. 1506--A                         55                         A. 2006--A

OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY  LEGI-
BLE,  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER  WITH  THE  OTHER
INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO
SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN  DAY  TIME  PERIOD  SHALL
RENDER  THE  OWNER  LIABLE  FOR  THE PENALTY PRESCRIBED BY THIS SECTION.
WHERE THE LESSOR COMPLIES WITH THE PROVISIONS  OF  THIS  PARAGRAPH,  THE
LESSEE  OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO
BE THE OWNER OF SUCH VEHICLE FOR PURPOSES  OF  THIS  SECTION,  SHALL  BE
SUBJECT  TO  LIABILITY  FOR  THE VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS  SECTION  AND
SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
  (K) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (A)  OF
SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE PURSUANT TO THIS
SECTION WAS NOT  THE  OPERATOR  OF  THE  VEHICLE  AT  THE  TIME  OF  THE
VIOLATION,  THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE
BEEN OVERTAKING OR PASSING A SCHOOL BUS. FOR PURPOSES OF  THIS  SUBDIVI-
SION  THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS
OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT  THE  TIME  SUCH
OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
  (M)  IN  ANY  SCHOOL  DISTRICT WHICH ADOPTS A SCHOOL BUS SAFETY CAMERA
PROGRAM PURSUANT  TO  SUBDIVISION  (A)  OF  THIS  SECTION,  SUCH  SCHOOL
DISTRICT  SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF ITS
SCHOOL BUS SAFETY CAMERAS TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN  WHICH
THE  DEMONSTRATION  PROGRAM  IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  1. A DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE  SCHOOL  BUS
SAFETY CAMERAS WERE USED;
  2.  THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE
DISTRICT;
  3. THE NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY  CAMERAS  IN
THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS;
  4.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  5. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  6.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  7.  THE  TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL DISTRICT FROM
SUCH ADJUDICATIONS;
  8. EXPENSES INCURRED BY SUCH SCHOOL DISTRICT IN  CONNECTION  WITH  THE
PROGRAM; AND
  9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.

S. 1506--A                         56                         A. 2006--A

  (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION  (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE THAT
SUCH SCHOOL BUS SAFETY CAMERAS WERE MALFUNCTIONING AT THE  TIME  OF  THE
ALLEGED VIOLATION.
  §  4.  Subdivision (c) of section 1174 of the vehicle and traffic law,
as amended by chapter 254 of the laws of 2002, is  amended  to  read  as
follows:
  (c)  Every  person convicted of a violation of subdivision (a) of this
section shall: for a first conviction thereof, be punished by a fine  of
not  less  than  [two  hundred fifty] FIVE HUNDRED dollars nor more than
[four] SEVEN hundred FIFTY dollars or by imprisonment for not more  than
thirty days or by both such fine and imprisonment; for a conviction of a
second  violation, both of which were committed within a period of three
years, such person shall be punished by a fine of  not  less  than  [six
hundred]  ONE  THOUSAND  dollars  nor more than [seven] ONE THOUSAND TWO
hundred fifty dollars or by imprisonment for not more than  one  hundred
eighty  days or by both such fine and imprisonment; upon a conviction of
a third or subsequent violation, all of which were  committed  within  a
period  of  three  years, such person shall be punished by a fine of not
less than [seven hundred fifty] ONE THOUSAND TWO HUNDRED  FIFTY  dollars
nor  more  than one thousand FIVE HUNDRED dollars or by imprisonment for
not more than one hundred eighty days or by both such fine and imprison-
ment.
  § 5. This act shall take effect immediately.

                                 PART D

  Section 1. This act shall be known and may be cited  as  the  "Senator
Jose R. Peralta 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

S. 1506--A                         57                         A. 2006--A

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
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

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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
  (ii)  attended  an  approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency  diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance  [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an  institution  or educational unit of the state university within five
years of receiving a general equivalency diploma issued within New  York
state; or

S. 1506--A                         59                         A. 2006--A

  § 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
  § 9. 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

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  (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.
  § 10. Subdivision 5 of section 6301 of the education law,  as  amended
by chapter 327 of the laws of 2002, is amended to read as follows:
  5.  "Resident."  A person who has resided in the state for a period of
at least one year and in the county,  city,  town,  intermediate  school
district,  school  district or community college region, as the case may
be, for a period of at least six months, both immediately preceding  the
date  of  such  person's registration in a community college or, for the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term shall include any student who is not a resident of New York  state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection  (a) of section 1101 of title 8 of the United States Code, if
such student:
  (i) attended an approved New York high school for two or  more  years,
graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
applied  for  attendance  [at  an institution or educational unit of the
state university] AND ATTENDED A COMMUNITY COLLEGE within five years  of
receiving a New York state high school diploma; or
  (ii)  attended  an  approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency  diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an

S. 1506--A                         61                         A. 2006--A

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]
ARTICLE, 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.
  § 11. 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;
  § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as amended 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

S. 1506--A                         62                         A. 2006--A

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.
  §  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-

S. 1506--A                         63                         A. 2006--A

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.
  § 15. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (i) the name, address and social security number [or], employer  iden-
tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE-
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 NINETEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT  ALLOW  FOR  A

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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 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.
  §  18.  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.
  §  19. 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 nine of this act shall take effect; and
  b.  the  president  of the higher education services corporation shall
notify the legislative bill drafting commission upon the  occurrence  of
the  issuance  of regulations and the development of an application form
provided for in this section in order that the commission  may  maintain
an  accurate  and timely effective data base of the official text of the
laws of the state  of  New  York  in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

                                 PART E

  Section 1. This act shall be known and be  cited  as  the  "For-Profit
College Accountability Act".
  §  2.  The  education  law is amended by adding a new section 239-c to
read as follows:
  § 239-C. STANDARDS FOR FOR-PROFIT HIGHER EDUCATION INSTITUTIONS.    1.
FOR  THE  PURPOSES  OF THIS SECTION A "PROPRIETARY INSTITUTION OF HIGHER
EDUCATION" MEANS A SCHOOL THAT:
  (A) (I) PROVIDES AN ELIGIBLE PROGRAM OF TRAINING TO  PREPARE  STUDENTS
FOR GAINFUL EMPLOYMENT IN A RECOGNIZED OCCUPATION; OR
  (II)  PROVIDES  A  PROGRAM  LEADING  TO AN ASSOCIATES OR BACCALAUREATE
DEGREE;
  (B) IS LEGALLY AUTHORIZED IN NEW YORK STATE TO PROVIDE  A  PROGRAM  OF
EDUCATION BEYOND SECONDARY EDUCATION; AND
  (C) IS NEITHER A PUBLIC OR NONPROFIT INSTITUTION.
  2.  (A)  COMMENCING  IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
ACADEMIC YEAR AND THEREAFTER, A PROPRIETARY INSTITUTION OF HIGHER EDUCA-
TION, SHALL DERIVE NOT LESS THAN TWENTY PERCENT  OF  SUCH  INSTITUTION'S

S. 1506--A                         65                         A. 2006--A

ANNUAL  REVENUES  FROM  SOURCES  OTHER  THAN  THE COMBINED REVENUES FROM
LIMITED REVENUE SOURCES AS DEFINED IN SUBPARAGRAPH  (I)  OF  THIS  PARA-
GRAPH.
  (I)  FOR  THE  PURPOSES  OF THIS SUBDIVISION "LIMITED REVENUE SOURCES"
MEANS: (A) THE  TUITION  ASSISTANCE  PROGRAM  PURSUANT  TO  SECTION  SIX
HUNDRED SIXTY-SEVEN OF THIS TITLE;
  (B)  THE ENHANCED TUITION AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-
SEVEN-D OF THIS TITLE;
  (C) ALL FEDERAL STUDENT  LOAN  AND  GRANT  PROGRAMS  AUTHORIZED  UNDER
SUBCHAPTER IV OF CHAPTER 28 OF TITLE 20 OF THE UNITED STATES CODE; AND
  (D)  ANY  OTHER  LOCAL,  STATE,  OR FEDERAL GOVERNMENT LOAN, GRANT, OR
SCHOLARSHIP PROGRAM UTILIZED TO PAY TUITION,  INSTITUTIONAL  FEES,  ROOM
AND  BOARD,  OR  OTHER  COSTS  OF  ATTENDANCE  ON BEHALF OF A STUDENT OR
STUDENTS UTILIZING PUBLIC FUNDS.
  (II) FOR PURPOSES OF THIS SUBDIVISION "LIMITED REVENUE SOURCES"  SHALL
NOT INCLUDE:
  (A)  THE AMOUNT OF FUNDS THE INSTITUTION RECEIVED FROM PRIVATE OR NON-
GOVERNMENT SOURCES;
  (B) THE AMOUNT OF FUNDS RECEIVED BY STUDENTS IN  THE  FORM  OF  DIRECT
PAYMENT;
  (C)  THE AMOUNT OF FUNDS PROVIDED BY THE INSTITUTION AS MATCHING FUNDS
FOR A LIMITED REVENUE SOURCE;
  (D) INTEREST OR INVESTMENT INCOME;
  (E) THE AMOUNT OF FUNDS PROVIDED BY  THE  INSTITUTION  FOR  A  LIMITED
REVENUE SOURCE THAT ARE REQUIRED TO BE REFUNDED OR RETURNED; AND
  (F)  THE AMOUNT CHARGED FOR BOOKS, SUPPLIES, AND EQUIPMENT, UNLESS THE
INSTITUTION INCLUDES THAT AMOUNT AS TUITION,  FEES,  OR  OTHER  INSTITU-
TIONAL CHARGES.
  (III)  FOR PURPOSES OF THIS SUBDIVISION, INSTITUTIONAL AID PROVIDED TO
STUDENTS BY THE INSTITUTION SHALL NOT BE INCLUDED WITHIN THE CALCULATION
OF ANNUAL REVENUES.
  (B) A PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS  TO  MEET
THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE
ACADEMIC  YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS PARTICIPATING
IN ANY PROGRAM AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD  OF  NOT  LESS
THAN  TWO  ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC YEAR IMMEDIATELY
FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON-
STRATING FAILURE TO MEET THE  REQUIREMENT  FOR  THE  SECOND  CONSECUTIVE
ACADEMIC  YEAR  IS SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION. TO  REGAIN  ELIGIBILITY  TO  ENROLL  NEW  STUDENTS
PARTICIPATING  IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A PROPRIE-
TARY INSTITUTION OF HIGHER EDUCATION SHALL DEMONSTRATE  COMPLIANCE  WITH
PARAGRAPH  (A)  OF  THIS SUBDIVISION FOR A MINIMUM OF TWO ACADEMIC YEARS
AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE.
  3. ON OR BEFORE SEPTEMBER FIRST, A PROPRIETARY INSTITUTION  OF  HIGHER
EDUCATION SHALL ANNUALLY SUBMIT TO THE COMMISSIONER AND THE COMMISSIONER
SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE A DETAILED FINANCIAL STATEMENT
DISCLOSING  THE  INSTITUTION'S  REVENUES  AND EXPENDITURES FOR THE PRIOR
ACADEMIC YEAR AND SHALL DISCLOSE THE SOURCES OF REVENUE BY TYPE AS  WELL
AS TYPES OF EXPENDITURES. SUCH STATEMENT SHALL ALSO INCLUDE A LISTING OF
THE  TOTAL INDIVIDUAL COMPENSATION FROM THE INSTITUTION TO ALL OFFICERS,
DIRECTORS, BOARD MEMBERS, TRUSTEES, SHAREHOLDERS, MEMBERS,  OWNERS,  AND
SENIOR  ADMINISTRATORS,  INCLUDING  ALL  FRINGE  BENEFITS,  BONUSES, AND
PERFORMANCE INCENTIVES PAID IN THE PRIOR ACADEMIC YEAR.  SUCH  STATEMENT
SHALL  ADHERE  TO  GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND SHALL BE
CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AND CERTIFIED BY

S. 1506--A                         66                         A. 2006--A

THE PRESIDENT OF THE INSTITUTION. SUCH STATEMENT SHALL BE SUBMITTED IN A
FORM AND MANNER AS DETERMINED BY THE COMMISSIONER.
  4.  NO  PROPRIETARY  INSTITUTION  OF HIGHER EDUCATION SHALL PERMIT ANY
SENIOR STAFF OR BOARD MEMBER OF THE INSTITUTION TO SERVE ON THE BOARD OF
ANY REGIONAL OR NATIONAL ACCREDITING AGENCY OR ASSOCIATION WHICH  IS  AN
ACCREDITOR OF THE INSTITUTION.
  5.  NO  PROPRIETARY  INSTITUTION OF HIGHER EDUCATION SHALL INCLUDE ANY
PROVISION REQUIRING ARBITRATION OF DISPUTES WITHIN ANY  STUDENT  ENROLL-
MENT CONTRACT OR AGREEMENT.
  6.  (A)  COMMENCING  IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
ACADEMIC YEAR AND THEREAFTER, NO LESS THAN FIFTY PERCENT OF  A  PROPRIE-
TARY INSTITUTION OF HIGHER EDUCATION'S ANNUAL EXPENDITURES SHALL BE MADE
IN THE AREA OF STUDENT INSTRUCTION.
  (B)  FOR  THE PURPOSES OF THIS SUBDIVISION "STUDENT INSTRUCTION" MEANS
EXPENDITURES FOR SALARIES,  FRINGE  BENEFITS,  PROFESSIONAL  DEVELOPMENT
EXPENSES,  AND  OTHER  PAYMENTS MADE TO INSTRUCTORS RELATED TO CLASSROOM
INSTRUCTION. SUCH TERM DOES NOT INCLUDE EXPENDITURES FOR STAFF  TRAINING
REQUIRED  UNDER  STATE  OR  FEDERAL  LAWS,  OR  FOR STUDENT RECRUITMENT,
MARKETING, DIRECT MAILING, OR EXPENSES OF NON-INSTRUCTIONAL STAFF.
  (C) A PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS  TO  MEET
THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE
ACADEMIC  YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS PARTICIPATING
IN ANY PROGRAM AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD  OF  NOT  LESS
THAN  TWO  ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC YEAR IMMEDIATELY
FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON-
STRATING FAILURE TO MEET THE  REQUIREMENT  FOR  THE  SECOND  CONSECUTIVE
ACADEMIC  YEAR  IS SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION. TO  REGAIN  ELIGIBILITY  TO  ENROLL  NEW  STUDENTS
PARTICIPATING  IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A PROPRIE-
TARY INSTITUTION OF HIGHER EDUCATION SHALL DEMONSTRATE  COMPLIANCE  WITH
PARAGRAPH  (A)  OF  THIS SUBDIVISION FOR A MINIMUM OF TWO ACADEMIC YEARS
AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE.
  7. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION OR  A  DIREC-
TIVE  OF THE COMMISSIONER ARISING THEREFROM SHALL CONSTITUTE A VIOLATION
OF THE LAWS GOVERNING STATE FINANCIAL AID PROGRAMS FOR THE  PURPOSES  OF
SECTION SIX HUNDRED SIXTY-FIVE-A OF THIS TITLE, AND THE PRESIDENT OF THE
HIGHER  EDUCATION  SERVICES CORPORATION SHALL BE AUTHORIZED TO TERMINATE
EXISTING AGREEMENTS WITH THE INSTITUTION TO PARTICIPATE IN STATE  FINAN-
CIAL  AID  PROGRAMS AND MAY PROHIBIT PARTICIPATION OF THE INSTITUTION IN
STATE FINANCIAL AID PROGRAMS WITH RESPECT TO STUDENTS ENROLLED AFTER THE
DATE OF TERMINATION OF SUCH AGREEMENTS.  FURTHER,  WHERE  A  PROPRIETARY
INSTITUTION  OF  HIGHER EDUCATION FAILS TO COMPLY WITH THE PROVISIONS OF
THIS SECTION OR A DIRECTIVE OF THE COMMISSIONER ARISING  THEREFROM,  THE
COMMISSIONER SHALL BE AUTHORIZED TO RESCIND SUCH INSTITUTION'S AUTHORITY
TO ENROLL NEW STUDENTS IN ACADEMIC PROGRAMS IN THE STATE.
  8. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
  § 3. This act shall take effect immediately.

                                 PART F

  Section 1. Section 97-z of the state finance law, as added by  chapter
625  of  the laws of 1987, subdivision 3 as amended by chapter 83 of the
laws of 1995, is amended to read as follows:

S. 1506--A                         67                         A. 2006--A

  § 97-z. Arts capital [revolving] GRANTS fund. 1. A special fund to  be
known  as  the  "arts  capital [revolving] GRANTS fund" is hereby estab-
lished in the custody of the state comptroller and the  commissioner  of
taxation and finance.
  2.  The fund shall consist of all monies appropriated for its purpose,
all monies transferred to such fund pursuant to law, all monies required
by this section or any other provision of law to be paid into or credit-
ed to the fund[, including payments of  principal  of  and  interest  on
loans  made  from  the  fund] and any interest earnings which may accrue
from the investment of monies in  the  fund.  Nothing  contained  herein
shall  prevent  the  New  York  state council on the arts from receiving
grants, gifts or bequests for the purposes of the  fund  as  defined  in
this section and depositing them into the fund according to law.
  3. Monies of the fund, when allocated, shall be available for adminis-
trative  costs  of  the  council  and to make [loans] GRANTS to eligible
not-for-profit arts organizations as provided in  section  3.07  of  the
arts  and cultural affairs law [and to pay the reasonable administrative
costs of the dormitory authority incurred in monitoring construction  on
eligible projects and costs associated with contracts with outside enti-
ties  to  disburse loans and receive payments on such loans, as provided
in such section].
  4. Monies shall be payable from the fund on the audit and  warrant  of
the  comptroller  on  vouchers approved and certified by the chairman of
the New York state council on the arts.
  § 2. This act shall take effect immediately.

                                 PART G

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  may  provide, for purposes of the neighborhood
preservation program, a sum not to exceed $8,479,000 for the fiscal year
ending March 31, 2020.  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 preserva-
tion program contracts authorized by this section, a total  sum  not  to
exceed $8,479,000, 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  2018-2019  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, 2019.
  §  2.  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 $3,539,000 for the fiscal year ending March
31,  2020.    Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board  of

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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
$3,539,000, 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
2018-2019 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,
2019.
  § 3. This act shall take effect immediately.

                                 PART H

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  1  of
section  390  of the social services law, as added by chapter 750 of the
laws of 1990, is amended to read as follows:
  (i) "Child day care" shall mean CHILD CARE WHERE A LICENSE  OR  REGIS-
TRATION  PURSUANT TO THIS SECTION IS REQUIRED AND SHALL INCLUDE care for
a child on a regular basis provided away from the child's residence  for
less  than  twenty-four  hours  per  day  by someone other than: (1) the
parent, step-parent, guardian, or relative within the  third  degree  of
consanguinity  of  the  parents or step-parents of such child; OR (2) AN
ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH  TERM IS DEFINED  IN  PARAGRAPH
(G) OF THIS SUBDIVISION.
  §  2.  Subdivision  1  of  section  390  of the social services law is
amended by adding two new paragraphs (g) and (h) to read as follows:
  (G) "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN A PERSON  OR  ENTITY
THAT  IS  NOT  REQUIRED  TO  BE  LICENSED OR REGISTERED PURSUANT TO THIS
SECTION AND THAT IS ENROLLED TO PROVIDE SUBSIDIZED CHILD  CARE  SERVICES
TO ELIGIBLE FAMILIES IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE AND
THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  (H) "RELATIVE ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN AN ENROLLED
LEGALLY-EXEMPT PROVIDER WHO IS AN INDIVIDUAL, AGE EIGHTEEN OR OLDER, AND
WHO,  BY  VIRTUE  OF  BLOOD, MARRIAGE OR COURT DECREE, IS, TO ALL OF THE
CHILDREN THAT SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED  CHILD  CARE
SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE:
  (I) A GRANDPARENT;
  (II) A GREAT-GRANDPARENT;
  (III)  A  SIBLING  PROVIDED  THAT  SUCH  SIBLING RESIDES IN A SEPARATE
HOUSEHOLD FROM THE CHILD;
  (IV) AN AUNT; OR
  (V) AN UNCLE.
  § 3. Paragraph (a) of subdivision 2  of  section  390  of  the  social
services  law, as amended by chapter 117 of the laws of 2010, is amended
to read as follows:
  (a) Child day care centers caring for seven or more children and group
family day care programs, as defined in subdivision one of this section,

S. 1506--A                         69                         A. 2006--A

shall obtain a license from the office of children and  family  services
and  shall  operate in accordance with the terms of such license and the
regulations of such office. Initial licenses [shall be valid for a peri-
od  of  up  to  two years;] AND subsequent licenses shall be valid for a
period of up to four years so long as the provider remains substantially
in compliance with applicable law and regulations during such period.
  § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
of section 390 of the social services law, as amended by chapter 117  of
the laws of 2010, is amended to read as follows:
  (A)  Initial  registrations  [shall be valid for a period of up to two
years,] AND subsequent registrations shall be valid for a period  of  up
to  four  years so long as the provider remains substantially in compli-
ance with applicable law and regulations during such period.
  § 5. Paragraphs (a) and (b) of subdivision 3 of  section  390  of  the
social services law, paragraph (a) as amended by chapter 416 of the laws
of  2000,  and  paragraph  (b)  as amended by chapter 117 of the laws of
2010, are amended to read as follows:
  (a) The office of children and family services may make  announced  or
unannounced  inspections  of the records and premises of any child [day]
care provider, whether or not such provider has a license  from,  or  is
registered with, the office of children and family services.  The office
of  children  and  family services shall make unannounced inspections of
the records and premises of any child day care provider  within  fifteen
days  after  the  office  of  children  and  family  services receives a
complaint that, if true, would indicate such provider  does  not  comply
with  the  APPLICABLE  regulations  of the office of children and family
services or with statutory requirements. If the complaint indicates that
there may be imminent danger to the children, the office of children and
family services shall investigate the complaint no later than  the  next
day  of  operation  of  the  provider. The office of children and family
services may provide for inspections through the purchase of services.
  (b) (I) Where inspections have been made and violations of  applicable
statutes  or  regulations  have  been  found, the office of children and
family services shall within ten days advise the child day care provider
in writing of the violations and require the provider  to  correct  such
violations.  The  office  of  children  and family services may also act
pursuant to subdivisions ten and eleven of this section.
  (II) WHERE INSPECTIONS HAVE BEEN MADE  AND  VIOLATIONS  OF  APPLICABLE
STATUTES  OR  REGULATIONS  HAVE  BEEN  FOUND, THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR ITS DESIGNEE  SHALL,  WITHIN  TEN  DAYS,  ADVISE  THE
ENROLLED  LEGALLY-EXEMPT  PROVIDER  IN  WRITING  OF  THE  VIOLATIONS AND
REQUIRE THE PROVIDER TO CORRECT SUCH VIOLATIONS.
  § 6. Paragraph (a) of subdivision 4  of  section  390  of  the  social
services  law, as amended by chapter 416 of the laws of 2000, is amended
to read as follows:
  (a) The office of children and family  services  on  an  annual  basis
shall inspect [at least twenty percent of all registered family day care
homes, registered child day care centers and registered school age child
care  programs to determine whether such homes, centers and programs are
operating in compliance with applicable statutes  and  regulations.  The
office  of children and family services shall increase the percentage of
family day care homes, child day care centers and school age child  care
programs which are inspected pursuant to this subdivision as follows: to
at  least  thirty  percent by the thirty-first of December two thousand;
and to at least fifty percent by the thirty-first of December two  thou-
sand  one]  ALL  CHILD DAY CARE PROGRAMS AND ALL ENROLLED LEGALLY-EXEMPT

S. 1506--A                         70                         A. 2006--A

PROVIDERS OTHER THAN RELATIVE  ENROLLED  LEGALLY-EXEMPT  PROVIDERS.  The
office  of children and family services may provide for such inspections
through purchase of services. [Priority shall be  given  to  family  day
care  homes which have never been licensed or certified prior to initial
registration.]
  § 7. Subdivision 3 of section 390-a of the  social  services  law,  as
added  by  chapter  416 of the laws of 2000, paragraph (b) as amended by
chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter
117 of the laws of 2010, is amended to read as follows:
  3. (a) The office of children and  family  services  shall  promulgate
regulations   requiring  operators,  program  directors,  employees  and
assistants of family day  care  homes,  group  family  day  care  homes,
school-age  child  care  programs  and child day care centers to receive
PRE-SERVICE AND ANNUAL TRAINING, AS APPLICABLE.  PROVIDED  HOWEVER  THAT
SUCH  PROVIDERS  SHALL  BE  REQUIRED TO RECEIVE thirty hours of training
every two years; provided, FURTHER however, that fifteen hours  of  such
training  must  be  received  within the first six months of the initial
licensure, registration or employment. Such training requirements  shall
also  apply to any volunteer in such day care homes, programs or centers
who has the potential for regular and substantial contact with children.
The thirty hours of training required during the  first  biennial  cycle
after  initial licensure or registration shall include training received
while an application for licensure or registration pursuant  to  section
three  hundred  ninety  of this title is pending. The office of children
and family services  may  provide  this  training  through  purchase  of
services.
  (b)  The  training required in paragraph (a) of this subdivision shall
address TOPICS AND SUBJECT MATTERS  REQUIRED  BY  FEDERAL  LAW  AND  the
following  topics  OR  SUBJECT  MATTERS,  UNLESS  SUCH TOPICS OR SUBJECT
MATTERS ARE SUBSTANTIALLY COVERED IN TRAINING THAT IS REQUIRED  PURSUANT
TO FEDERAL LAW:
  (i) principles of childhood development, focusing on the developmental
stages of the age groups for which the program provides care;
  (ii) nutrition and health needs of infants and children;
  (iii) child day care program development;
  (iv) safety and security procedures;
  (v) business record maintenance and management;
  (vi) child abuse and maltreatment identification and prevention;
  (vii) statutes and regulations pertaining to child day care;
  (viii)   statutes  and  regulations  pertaining  to  child  abuse  and
maltreatment; and
  (ix) for operators, program directors,  employees  and  assistants  of
family  day  care  homes, group family day care homes and child day care
centers, education and information on the identification, diagnosis  and
prevention of shaken baby syndrome.
  (c)  For  the  thirty  hours  of  biennial training required after the
initial period of licensure  or  registration,  each  provider  who  can
demonstrate  basic  competency shall determine in which of the specified
topics he or she needs further study, based on the provider's experience
and the needs of the children in the provider's care.
  (d) Family day care home and group  family  day  care  home  operators
shall  obtain training pertaining to protection of the health and safety
of children, as required by regulation,  prior  to  the  issuance  of  a
license or registration by the office of children and family services.

S. 1506--A                         71                         A. 2006--A

  (e)  Upon  request  by the office of children and family services, the
child day care applicant or provider shall submit  documentation  demon-
strating compliance with the training requirements of this section.
  §  8. The section heading of section 390-b of the social services law,
as added by chapter 416 of the laws of  2000,  is  amended  to  read  as
follows:
  Criminal  history  review  AND  BACKGROUND  CLEARANCES  of  child care
providers, generally.
  § 9. Subdivisions 1, 2 and 3 of section 390-b of the  social  services
law  are  REPEALED  and  five  new subdivisions 1, 1-a, 2, 3 and 3-a are
added to read as follows:
  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  AND
SUBJECT  TO  RULES  AND REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES  AND,  WHERE  APPLICABLE,  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES, THE FOLLOWING CLEARANCES SHALL BE CONDUCTED FOR ENTITIES SPEC-
IFIED  IN  SUBDIVISION  TWO  OF  THIS  SECTION IN THE TIME AND MANNER AS
REQUIRED BY THIS SECTION:
  (A) A CRIMINAL HISTORY RECORD CHECK  WITH  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES;
  (B)  A  SEARCH  OF THE CRIMINAL HISTORY REPOSITORY IN EACH STATE OTHER
THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE  PRECEDING
FIVE  YEARS,  IF  APPLICABLE UNLESS SUCH STATE'S CRIMINAL HISTORY RECORD
INFORMATION WILL BE PROVIDED AS PART OF THE  RESULTS  OR  THE  CLEARANCE
CONDUCTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION;
  (C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES-
TIGATION;  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES IS DIRECTED TO
SUBMIT FINGERPRINTS TO THE  FEDERAL  BUREAU  OF  INVESTIGATION  FOR  THE
PURPOSE  OF  A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT TO AND
CONSISTENT WITH PUBLIC LAW 113-186 TO  DETERMINE  WHETHER  SUCH  PERSONS
SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION;
  (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
  (E)  A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH
STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES  OR  RESIDED  DURING
THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER
REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED
PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION;
  (F)  A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE NATIONAL
CRIME AND INFORMATION CENTER, ESTABLISHED UNDER  THE  ADAM  WALSH  CHILD
PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.);
  (G)  A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE
AND MALTREATMENT IN ACCORDANCE WITH SECTION FOUR  HUNDRED  TWENTY-FOUR-A
OF THIS ARTICLE; AND
  (H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY
STATE  OTHER  THAN  NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING
THE PRECEDING FIVE YEARS; IF APPLICABLE.
  1-A. FOR PURPOSES OF THIS SECTION, AND IN ACCORDANCE WITH FEDERAL LAW,
THE TERM "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL REFER TO A PERSON  WHO
MEETS THE DEFINITION OF "ENROLLED LEGALLY-EXEMPT PROVIDER" AS DEFINED IN
PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS
TITLE  AND  WHO  IS NOT AN INDIVIDUAL WHO IS RELATED TO ALL CHILDREN FOR
WHOM CHILD CARE SERVICES ARE PROVIDED.
  2. IN RELATION TO ANY CHILD DAY CARE PROGRAM AND ANY  ENROLLED  LEGAL-
LY-EXEMPT PROVIDER:
  (A)  THE  CLEARANCES REQUIRED PURSUANT TO PARAGRAPHS (A), (C), (D) AND
(G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONDUCTED FOR:

S. 1506--A                         72                         A. 2006--A

  (I) EVERY PROSPECTIVE VOLUNTEER WITH THE  POTENTIAL  FOR  UNSUPERVISED
CONTACT WITH CHILDREN IN CARE;
  (II) EVERY APPLICANT TO BECOME AN ENROLLED LEGALLY-EXEMPT PROVIDER;
  (III) EVERY PROSPECTIVE CAREGIVER OR EMPLOYEE, INCLUDING DIRECTORS AND
OPERATORS OF SUCH A PROGRAM; AND
  (IV)  WHERE  THE CHILD CARE SERVICES WILL BE OR ARE PROVIDED IN A HOME
SETTING WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN  OR
OLDER  WHO,  FOR A PROSPECTIVE PROGRAM, RESIDES, OR WHO, FOR AN EXISTING
PROGRAM, BEGINS RESIDING ON THE PREMISES WHERE THE CHILD  CARE  SERVICES
ARE PROVIDED;
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR
TO OCTOBER FIRST, TWO THOUSAND TWENTY, ALL CLEARANCES LISTED IN SUBDIVI-
SION ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED  PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND FOR WHICH ON-GOING CRIMINAL
HISTORY  RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN ACCORD-
ANCE WITH A SCHEDULE DEVELOPED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES, FOR ALL:
  (I)  EXISTING  VOLUNTEERS  WITH THE POTENTIAL FOR UNSUPERVISED CONTACT
WITH CHILDREN IN CARE;
  (II) EXISTING CAREGIVERS AND EMPLOYEES INCLUDING DIRECTORS AND  OPERA-
TORS OF ANY SUCH PROGRAM; AND
  (III)  WHERE  THE  CHILD  CARE SERVICES ARE PROVIDED IN A HOME SETTING
WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE  EIGHTEEN  OR  OLDER
WHO RESIDES ON THE PREMISES WHERE THE CHILD CARE SERVICES ARE PROVIDED;
  (C)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
CLEARANCES REQUIRED PURSUANT TO THIS SECTION OTHER THAN THOSE FOR  WHICH
ON-GOING CRIMINAL HISTORY RESULTS ARE PROVIDED, SHALL BE CONDUCTED FOR A
PERSON  LISTED  IN SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH (B) OF
THIS SUBDIVISION AT LEAST ONCE EVERY FIVE YEARS  IN  ACCORDANCE  WITH  A
SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  3.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
RELATION TO THE CLEARANCES REQUIRED PURSUANT THIS SECTION, AN INDIVIDUAL
OR A PROGRAM SHALL BE DEEMED INELIGIBLE, AS  SUCH  TERM  IS  DEFINED  IN
PARAGRAPH (B) OF THIS SUBDIVISION, IF SUCH INDIVIDUAL:
  (I) REFUSES TO CONSENT TO SUCH CLEARANCE;
  (II)  KNOWINGLY  MAKES A MATERIALLY FALSE STATEMENT IN CONNECTION WITH
SUCH A CLEARANCE;
  (III) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A  STATE  SEX
OFFENDER  REGISTRY  OR  REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY
ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
(42 U.S.C. 16901 ET SEQ.); OR
  (IV) HAS BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH  (E)  OR
CLAUSES  (I)  THROUGH  (VIII)  OF  SUBPARAGRAPH  (D) OF PARAGRAPH (1) OF
SUBDIVISION (C) OF 42 U.S.C. 9858F.
  (B) FOR PURPOSE OF THIS SUBDIVISION, THE TERM "INELIGIBLE" SHALL MEAN:
  (I) THE INDIVIDUAL WHO ENGAGED IN CONDUCT LISTED IN PARAGRAPH  (A)  OF
THIS SUBDIVISION SHALL NOT BE PERMITTED TO:
  (1)  OPERATE,  DIRECT, BE THE CAREGIVER FOR, OR BE EMPLOYED BY A CHILD
DAY CARE PROGRAM OR AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR
  (2) BE A VOLUNTEER WITH THE POTENTIAL FOR  UNSUPERVISED  CONTACT  WITH
CHILDREN  IN A CHILD DAY CARE PROGRAM OR WITH AN ENROLLED LEGALLY-EXEMPT
PROVIDER; OR
  (3) BE AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR
  (II) IN RELATION TO CHILD DAY CARE PROGRAMS OR ANY  ENROLLED  LEGALLY-
EXEMPT PROVIDERS, WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, TO
A CHILD IN A HOME SETTING WHERE SUCH CHILD DOES NOT RESIDE, SUCH PROGRAM

S. 1506--A                         73                         A. 2006--A

OR  PROVIDER SHALL NOT BE ELIGIBLE TO OPERATE OR TO BE ENROLLED TO SERVE
CHILDREN RECEIVING CHILD CARE SUBSIDIES PURSUANT TO TITLE FIVE-C OF THIS
ARTICLE, IF AN INDIVIDUAL OVER THE AGE OF EIGHTEEN WHO  RESIDES  IN  THE
HOUSEHOLD WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, ENGAGED IN
CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  3-A.  (A)  IN  RELATION  TO  CHILD  DAY CARE PROGRAMS AND ANY ENROLLED
LEGALLY-EXEMPT PROVIDER, WHEN A CLEARANCE  CONDUCTED  PURSUANT  TO  THIS
SECTION  REVEALS  THAT  ANY  EXISTING  OPERATOR, DIRECTOR, CAREGIVER, OR
PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD  CARE
IS  PROVIDED  IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE HAS BEEN
CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN  SUBPARAGRAPH  (IV)  OF
PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES  SHALL  CONDUCT  A  SAFETY  ASSESSMENT  OF  THE
PROGRAM  AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY
OF THE CHILDREN IN THE PROGRAM, AND MAY DENY, LIMIT, SUSPEND, REVOKE  OR
REJECT  SUCH  PROGRAM'S  LICENSE  OR REGISTRATION OR TERMINATE OR REJECT
SUCH PROGRAM'S ENROLLMENT, AS APPLICABLE, UNLESS THE OFFICE OF  CHILDREN
AND FAMILY SERVICES, DETERMINES IN ITS DISCRETION, THAT CONTINUED OPERA-
TION  BY  THE CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER
WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH,  SAFETY  OR  WELFARE  OF  THE
CHILDREN CARED FOR IN THE PROGRAM OR BY THE PROVIDER.
  (B)  IN  RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY-
EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED  PURSUANT  TO  THIS  SECTION
REVEALS  THAT  ANY EXISTING EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR
UNSUPERVISED CONTACT WITH CHILDREN HAS BEEN CONVICTED OF A  CRIME  OTHER
THAN  ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION
THREE OF THIS SECTION, THE OFFICE OF CHILDREN OF FAMILY  SERVICES  SHALL
CONDUCT  A  SAFETY  ASSESSMENT  OF  THE PROGRAM AND TAKE ALL APPROPRIATE
STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN  THE  PROGRAM.
THE  OFFICE  OF  CHILDREN  OF  FAMILY SERVICES MAY DIRECT THE PROGRAM OR
PROVIDER TO  TERMINATE  THE  EMPLOYEE  OR  VOLUNTEER  BASED  ON  SUCH  A
CONVICTION,  CONSISTENT  WITH  ARTICLE  TWENTY-THREE-A OF THE CORRECTION
LAW.
  (C) IN RELATION TO ANY CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGAL-
LY-EXEMPT PROVIDERS OR ANY APPLICANTS TO BECOME AN ENROLLED  LEGALLY-EX-
EMPT  PROVIDER,  WHERE  A  CLEARANCE  CONDUCTED PURSUANT TO THIS SECTION
REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET  FORTH  IN  SUBPARA-
GRAPH  (IV)  OF  PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, FOR
ANY PROSPECTIVE EMPLOYEE, VOLUNTEER, OR  APPLICANT  SEEKING  ENROLLMENT,
THE  OFFICE  OF CHILDREN AND FAMILY SERVICES MAY DIRECT THAT SUCH PERSON
NOT BE HIRED OR BE ENROLLED, AS APPLICABLE, BASED ON SUCH A  CONVICTION,
CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  (D)  (I)  WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS
THAT AN APPLICANT TO BE THE OPERATOR OR DIRECTOR OF  A  CHILD  DAY  CARE
PROGRAM,  OR  ANYONE  WHO  RESIDES  IN THE HOME OVER THE AGE OF EIGHTEEN
WHERE CHILD DAY CARE IS PROPOSED TO BE PROVIDED TO CHILDREN IN  A  HOME-
BASED  SETTING HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE  CHARGE
IS FINALLY RESOLVED.
  (II) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
THE  CURRENT  OPERATOR  OR  DIRECTOR  OF A CHILD DAY CARE PROGRAM OR ANY
PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE  CHILD  DAY
CARE  IS  PROVIDED HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND
TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF  CHILDREN
IN THE PROGRAM. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY SUSPEND A

S. 1506--A                         74                         A. 2006--A

LICENSE  OR  REGISTRATION OR TERMINATE ENROLLMENT BASED ON SUCH A CHARGE
WHEN NECESSARY TO PROTECT THE HEALTH  AND  SAFETY  OF  CHILDREN  IN  THE
PROGRAM.
  (III)  WHERE  A  CLEARANCE  CONDUCTED PURSUANT TO THIS SECTION REVEALS
THAT AN EXISTING CAREGIVER, VOLUNTEER OR  AN  EXISTING  EMPLOYEE  OF  AN
ENROLLED  LEGALLY-EXEMPT PROVIDER OR ANY PERSON OVER THE AGE OF EIGHTEEN
THAT RESIDES IN A HOME WHERE CHILD  CARE  IS  PROVIDED  BY  AN  ENROLLED
LEGALLY-EXEMPT  PROVIDER  IN  A  HOME  SETTING  WHERE THE CHILD DOES NOT
RESIDE, HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL TAKE ONE OR MORE OF THE FOLLOWING STEPS:
  (A) CONDUCT A SAFETY ASSESSMENT; OR
  (B) TAKE ALL APPROPRIATE STEPS TO PROTECT THE  HEALTH  AND  SAFETY  OF
CHILDREN IN THE PROGRAM.
  (IV) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
AN APPLICANT TO BE AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSU-
PERVISED  CONTACT  WITH  CHILDREN  OF  A CHILD DAY CARE PROGRAM HAS BEEN
CHARGED WITH A CRIME, THE OFFICE SHALL HOLD THE APPLICATION IN  ABEYANCE
UNTIL THE CHARGE IS FINALLY RESOLVED.
  (V)  WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT
A CURRENT EMPLOYEE, OR CURRENT VOLUNTEER WITH THE POTENTIAL FOR UNSUPER-
VISED CONTACT WITH CHILDREN OF A CHILD  DAY  CARE  PROGRAM  OR  ENROLLED
LEGALLY-EXEMPT  PROVIDER  HAS  BEEN  CHARGED WITH A CRIME, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY  ASSESSMENT  OF  THE
PROGRAM  AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY
OF THE CHILDREN IN THE PROGRAM.
  § 10. Subdivision 6 of section 390-b of the  social  services  law  is
REPEALED and a new subdivision 6 is added to read as follows:
  6.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY ANY REQUIRED
PROCESSING FEE FOR A CRIMINAL HISTORY OR SEX OFFENDER CLEARANCE PURSUANT
TO THIS SECTION. THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  SHALL
PROMPTLY  SUBMIT FINGERPRINTS OBTAINED PURSUANT TO THIS SECTION AND SUCH
PROCESSING FEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  § 11. Subdivision 7 of section 390-b of the social  services  law,  as
added by chapter 416 of the laws of 2000, is amended to read as follows:
  7.  Where  the  office of children and family services OR ITS DESIGNEE
DENIES OR directs a child day care OR AN ENROLLED LEGALLY-EXEMPT provid-
er to deny an application based on the criminal history  record[,];  (A)
the  provider must notify the applicant that such record is the basis of
the denial; AND (B) THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL
ALSO  NOTIFY  AS  THE CASE MAY BE, SUCH CURRENT OR PROSPECTIVE OPERATOR,
DIRECTOR, EMPLOYEE, ASSISTANT, LEGALLY EXEMPT PROVIDER,  VOLUNTEER  WITH
THE  POTENTIAL  FOR  UNSUPERVISED  CONTACT WITH CHILDREN OR OTHER PERSON
EIGHTEEN YEARS OF AGE OR OLDER, WHO RESIDES IN THE HOME  WHERE  CARE  IS
PROVIDED,  OTHER  THAN  THE CHILD'S HOME, THAT THE CRIMINAL RECORD CHECK
WAS THE BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE  SUCH  INDI-
VIDUAL  WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD CHECK
UPON WHICH SUCH DENIAL WAS  BASED  TOGETHER  WITH  A  WRITTEN  STATEMENT
SETTING  FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL  OF  HIS
OR  HER  RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI-
GATION.
  § 12. Subdivisions 9 and 10 of section 390-b of  the  social  services
law,  as added by chapter 416 of the laws of 2000, are amended and a new
subdivision 11 is added to read as follows:

S. 1506--A                         75                         A. 2006--A

  9. (A) Any criminal history record provided by the division of  crimi-
nal  justice  services,  and  any summary of the criminal history record
provided by the office of children and family services to a  [child  day
care  provider]  PERSON  THAT  RECEIVES  A  CLEARANCE  pursuant  to this
section,   is  confidential  and  shall  not  be  available  for  public
inspection; provided, however, nothing herein shall prevent [a child day
care provider or] the  office  of  children  and  family  services  from
disclosing  criminal history information OR THE INDIVIDUAL FROM DISCLOS-
ING HIS OR HER CRIMINAL HISTORY INFORMATION  at  any  administrative  or
judicial  proceeding relating to the denial or revocation of an applica-
tion, employment, license or registration. The  subject  of  a  criminal
history  review  conducted pursuant to this section shall be entitled to
receive, upon written request, a copy of the  summary  of  the  criminal
history  record  [provided by the office of children and family services
to the child day  care  provider].    Unauthorized  disclosure  of  such
records or reports shall BE subject [the provider] to civil penalties in
accordance  with  the  provisions of subdivision eleven of section three
hundred ninety of this title.
  (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT  RELEASE  THE
CONTENT  OF  THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK
CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS
SUBDIVISION TO ANY NON-PUBLIC ENTITY.
  10. A child day care OR ENROLLED LEGALLY-EXEMPT provider shall  advise
the  office  of  children  and family services when an individual who is
subject to criminal history record review in accordance with subdivision
one or two of this section is no longer  subject  to  such  review.  The
office  of  children  and  family  services shall inform the division of
criminal justice services when an individual who is subject to  criminal
history  review is no longer subject to such review so that the division
of criminal justice services may terminate its  retain  processing  with
regard  to such person. At least once a year, the office of children and
family services will be required to conduct a validation of the  records
maintained by the division of criminal justice services.
  11.  CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS OF
SECTION THREE HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT  TO  THE
PROVISIONS  OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW YORK
SHALL REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS  OF
ANY  FEDERAL  LAWS AND REGULATIONS PERTAINING TO THE CHILD CARE DEVELOP-
MENT AND BLOCK GRANT AND THE RELATED FEDERALLY  APPROVED  PLANS  OF  THE
STATE OF NEW YORK.
  §  13.  Subparagraph  (z) of paragraph (A) of subdivision 4 of section
422 of the social services law, as amended by section 11 of  part  L  of
chapter 56 of the laws of 2015, is amended to read as follows:
  (z)  an  entity  with  appropriate legal authority in another state to
license,  certify  or  otherwise  approve  prospective  foster  parents,
prospective  adoptive  parents,  prospective  relative  guardians  [or],
prospective successor guardians OR CHILD CARE PROGRAM  where  disclosure
of information regarding such prospective foster or prospective adoptive
parents  or  prospective relative or prospective successor guardians and
other persons over the age of eighteen residing  in  the  home  of  such
persons  [is]  OR WHERE CHILD CARE IS PROVIDED, AS required under EITHER
title IV-E of the federal social security act OR THE FEDERAL CHILD  CARE
AND  DEVELOPMENT  BLOCK  GRANT  ACT (SECTION NINE THOUSAND EIGHT HUNDRED
FIFTY-EIGHT, ET SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and

S. 1506--A                         76                         A. 2006--A

  § 14. Paragraph (a) of subdivision 1 of section 424-a  of  the  social
services  law,  as  amended by section 12 of part L of chapter 56 of the
laws of 2015, is amended to read as follows:
  (a)  A  licensing  agency  shall inquire of the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES and the [department] OFFICE shall,  subject
to  the  provisions  of  paragraph  (e) of this subdivision, inform such
agency and the subject of the inquiry whether an applicant for a certif-
icate, license, ENROLLMENT or permit, [assistants to group] OR TO BECOME
AN EMPLOYEE OR VOLUNTEER WITH THE  POTENTIAL  FOR  UNSUPERVISED  CONTACT
WITH  CHILDREN  IN  CARE OF A family day care [providers] PROVIDER OR AN
ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN  SUBDIVISION
ONE-A  OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE the director of
a camp subject to the provisions of article  thirteen-B  of  the  public
health  law,  a  prospective  successor  guardian  when  a  clearance is
conducted pursuant to paragraph (d) of subdivision two of  section  four
hundred  fifty-eight-b  of  this article, and any person over the age of
eighteen who resides in the home of a person who has applied  to  become
an  adoptive  parent  or a foster parent or to operate a family day care
home or group family day care home or any person over the age  of  eigh-
teen  residing  in  the  home of a prospective successor guardian when a
clearance is conducted of a prospective successor guardian  pursuant  to
this  paragraph, OR ANY PERSON AGE EIGHTEEN OR OLDER THAT RESIDES ON THE
PREMISES OF WHERE CHILD CARE IS PROVIDED IN A SETTING THAT  IS  NOT  THE
CHILD'S  OWN HOME BY AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B  OF  THIS
ARTICLE has been or is currently the subject of an indicated child abuse
and  maltreatment  report on file with the statewide central register of
child abuse and maltreatment.
  § 15. Subdivision 4 of section 424-a of the social  services  law,  as
amended  by  section  14 of part L of chapter 56 of the laws of 2015, is
amended to read as follows:
  4. For purposes of this section, the  term  "licensing  agency"  shall
mean an authorized agency which has received an application to become an
adoptive  parent  or an authorized agency which has received an applica-
tion for a certificate or license to receive, board or  keep  any  child
pursuant to the provisions of section three hundred seventy-six or three
hundred  seventy-seven of this article or an authorized agency which has
received an application from a relative  within  the  second  degree  or
third  degree  of  consanguinity  of the parent of a child or a relative
within the second degree or third degree of consanguinity of  the  step-
parent  of  a  child  or  children,  or  the  child's legal guardian for
approval to receive, board or keep such child, or an  authorized  agency
that  conducts  a clearance pursuant to paragraph (d) of subdivision two
of section four hundred fifty-eight-b of this article,  or  a  state  or
local governmental agency which receives an application to provide child
day  care  services  in  a  child day care center, school-age child care
program, family day care home or group family day care home OR  ENROLLED
LEGALLY-EXEMPT  PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF
SECTION  THREE  HUNDRED  NINETY-B  OF  THIS  ARTICLE  pursuant  to   the
provisions  of  section  three  hundred  ninety  of this article, or the
department of health and mental hygiene of the city of  New  York,  when
such department receives an application for a certificate of approval to
provide  child  day care services in a child day care center pursuant to
the provisions of the health code of the city of New York, or the office
of mental health or the office for people with  developmental  disabili-
ties  when  such office receives an application for an operating certif-

S. 1506--A                         77                         A. 2006--A

icate pursuant to the provisions of the mental hygiene law to operate  a
family care home, or a state or local governmental official who receives
an  application  for  a permit to operate a camp which is subject to the
provisions  of article thirteen-B of the public health law or the office
of children and family services which has received an application for  a
certificate  to receive, board or keep any child at a foster family home
pursuant to articles nineteen-G and nineteen-H of the executive  law  or
any other facility or provider agency, as defined in subdivision four of
section  four  hundred  eighty-eight  of  this chapter, in regard to any
licensing or certification function carried  out  by  such  facility  or
agency.
  §  16.  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 remained  thereof,  but  shall  by
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  be  included
herein.
  §  17.  This act shall take effect immediately; provided, however that
sections one, two, eight, nine, ten, eleven, twelve, thirteen,  fourteen
and  fifteen  of  this  act  shall  take  effect  September 1, 2019; and
provided, further that sections three, four, five and six  of  this  act
shall  take  effect  September 30, 2019; and provided, further, that the
office of children and family services is authorized to  promulgate  any
rules or regulations necessary for the implementation of this act on its
effective date.

                                 PART I

  Section  1. Subdivision 1 of section 378-a of the social services law,
as amended by chapter 83 of the laws of 2013,  is  amended  to  read  as
follows:
  1.  (A)  Every  authorized agency which operates a residential program
for children licensed or certified by the office of children and  family
services,  and the office of children and family services in relation to
any juvenile justice program it operates, shall request that the justice
center for the protection of people with special needs check,  and  upon
such  request, such justice center shall request and shall be authorized
to receive from the division of criminal justice services and the feder-
al bureau of investigation 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  operator,
employee  or volunteer of such a residential program who will have regu-
lar and substantial unsupervised or unrestricted physical  contact  with
children in such program.
  (B)  EVERY  AUTHORIZED  AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR
FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF  CHILDREN
AND  FAMILY  SERVICES  SHALL  REQUEST  THAT  THE  JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS CHECK, AND  UPON  SUCH  REQUEST,
SUCH  JUSTICE  CENTER  SHALL  REQUEST AND SHALL BE AUTHORIZED TO RECEIVE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF
INVESTIGATION CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN

S. 1506--A                         78                         A. 2006--A

PARAGRAPH (C) OF SUBDIVISION ONE OF THE  SECTION  EIGHT  HUNDRED  FORTY-
FIVE-B OF THE EXECUTIVE LAW, FOR EVERY:
  (I)  PROSPECTIVE EMPLOYEE OF SUCH PROGRAM THAT IS NOT ALREADY REQUIRED
TO BE CLEARED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR
TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE  WITH  A  SCHEDULE
DEVELOPED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY PERSON WHO
IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY
HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION IN CONNECTION TO SUCH
EMPLOYMENT.
  (C) For the purposes of this section,  "operator"  shall  include  any
natural person with an ownership interest in the authorized agency.
  (D)  Access  to and the use of [such] information OBTAINED PURSUANT TO
THIS SUBDIVISION shall be governed by the provisions  of  section  eight
hundred forty-five-b of the executive law.
  §  2.  Paragraph  A  of  subdivision  4  of  section 422 of the social
services law, is amended by adding a new subparagraph (bb)  to  read  as
follows:
  (BB)  AN  ENTITY  WITH APPROPRIATE LEGAL AUTHORITY IN ANOTHER STATE TO
LICENSE, CERTIFY OR OTHERWISE APPROVE RESIDENTIAL  PROGRAMS  FOR  FOSTER
CHILDREN  WHERE  DISCLOSURE  OF INFORMATION REGARDING ANY PROSPECTIVE OR
CURRENT EMPLOYEE OF SUCH PROGRAM IS  REQUIRED  BY  PARAGRAPH  TWENTY  OF
SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO OF
THE UNITED STATES CODE.
  §  3.  Subparagraph  (i)  of paragraph (b) of subdivision 1 of section
424-a of the social services law, as amended by section 8-a of part D of
chapter 501 of the laws of 2012, is amended to read as follows:
  (i) (A) Subject  to  the  provisions  of  subdivision  seven  of  this
section,  a  provider  agency shall inquire of the office and the office
shall, subject to the provisions of paragraph (e) of  this  subdivision,
inform such agency and the subject of the inquiry whether any person who
is actively being considered for employment and who will have the poten-
tial  for regular and substantial contact with individuals who are cared
for by the agency, is the  subject  of  an  indicated  child  abuse  and
maltreatment report on file with the statewide central register of child
abuse  and maltreatment prior to permitting such person to have unsuper-
vised contact with such individuals. Such  agency  may  inquire  of  the
office  and  the  office shall inform such agency and the subject of the
inquiry whether any person who is currently employed  and  who  has  the
potential  for  regular and substantial contact with individuals who are
cared for by such agency is the subject of an indicated child abuse  and
maltreatment report on file with the statewide central register of child
abuse  and  maltreatment.  A  provider  agency shall also inquire of the
office and the office shall inform such agency and the  subject  of  the
inquiry  whether  any  person  who  is employed by an individual, corpo-
ration, partnership or association which provides goods or  services  to
such  agency  who  has the potential for regular and substantial contact
with individuals who are cared for by the agency, is the subject  of  an
indicated child abuse and maltreatment report on file with the statewide
central  register  of  child  abuse and maltreatment prior to permitting
such  person  to  have  unsupervised  contact  with  such   individuals.
Inquiries made to the office pursuant to this subparagraph by a provider
agency on current employees shall be made no more often than once in any
six month period.
  (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, WHERE THE PROVID-
ER  AGENCY  IS  AN AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM

S. 1506--A                         79                         A. 2006--A

FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES SUCH AGENCY SHALL INQUIRE OF THE OFFICE AND THE
OFFICE SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS  SUBDI-
VISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER:
  (I) ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT IN SUCH
PROGRAM WHO IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO CLAUSE (A)
OF  THIS  SUBPARAGRAPH  IS  THE  SUBJECT OF AN INDICATED CHILD ABUSE AND
MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD
ABUSE AND MALTREATMENT; AND
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR
TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE  WITH  A  SCHEDULE
DEVELOPED  BY  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, WHETHER ANY
PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT
PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO  THIS  SUBPARAGRAPH  IN
CONNECTION TO SUCH EMPLOYMENT IS THE SUBJECT OF AN INDICATED CHILD ABUSE
AND  MALTREATMENT  REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF
CHILD ABUSE AND MALTREATMENT.
  § 4. This act shall take effect July 1, 2019.

                                 PART J

  Section 1. The section heading and the opening paragraph  of  subdivi-
sion  1 of section 131-u of the social services law, as amended by chap-
ter 169 of the laws of 1994, is amended to read as follows:
  Domestic violence services [to eligible persons].
  Notwithstanding any inconsistent provision of law, a  social  services
district  shall,  in  accordance with the provisions of this section and
regulations of the department, offer and provide emergency  shelter  and
services  at  a residential program for victims of domestic violence, as
defined in article six-A of this chapter, to the extent that such  shel-
ter  and  services  are  necessary and available to a victim of domestic
violence, as defined in article six-A of this chapter, and  in  need  of
emergency  shelter and services, who was residing in the social services
district at the time of the alleged domestic violence [and who:].
  § 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u  of  the
social services law are REPEALED.
  §  3.  Subdivision  2  of section 131-u of the social services law, as
amended by chapter 169 of the laws  of  1994,  is  amended  to  read  as
follows:
  2.  The  department  [shall]  MAY  annually  establish, subject to the
approval of the director of the budget, a daily  rate  of  reimbursement
for  each  residential  program  for  victims  of  domestic violence, as
defined in article six-A of this chapter, certified  by  the  department
which  provides  emergency  shelter and services to persons eligible for
such emergency shelter and services pursuant to this section.  A  social
services  district  financially  responsible  for  a  victim of domestic
violence shall reimburse a residential program for victims  of  domestic
violence  for  the  costs  of emergency shelter and services provided to
such victim at the daily reimbursement rate established by  the  depart-
ment  reduced  by  [the sum of all fees which such victim is able to pay
toward the costs of such shelter and services as determined  in  accord-
ance  with  the public assistance budgeting rules set forth in the regu-
lations of the department and by] any [third party] OTHER  reimbursement
available for such costs.
  §  4.  Section 459-f of the social services law, as amended by chapter
169 of the laws of 1994, is amended to read as follows:

S. 1506--A                         80                         A. 2006--A

  § 459-f. [Fees] PAYMENT for services. [Any program defined in subdivi-
sion four of section four  hundred  fifty-nine-a  of  this  article  may
charge a service fee to a victim of domestic violence who is able to pay
all  or part of the costs of the emergency shelter and services provided
to  the victim.] Payments by a social services district to a residential
program for victims of domestic violence  for  the  costs  of  emergency
shelter  and  services  provided to a victim of domestic violence at the
daily reimbursement rate determined by the department in accordance with
section one hundred thirty-one-u of this chapter shall be reduced by the
sum of [all fees which such victim is able to pay toward  the  costs  of
such  shelter  and  services as determined in accordance with the public
assistance budgeting rules set forth in the regulations of  the  depart-
ment  and  by]  any [third party] OTHER reimbursement available for such
costs.
  § 5. This act shall take effect April 1, 2019.

                                 PART K

  Section 1. 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 chap-
ter  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 subdivi-
sions (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. 1506--A                         81                         A. 2006--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.
  §  2.  The part heading of part 2 of article 7 of the family court act
is amended to read as follows:
                         CUSTODY [AND DETENTION]
  § 3. 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. 1506--A                         82                         A. 2006--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.]
  § 4. Section 727 of the family court act is REPEALED.
  § 5. 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
seven  hundred  twenty-four  (b)]  PARAGRAPH  (i)  OF SUBDIVISION (B) OF
SECTION SEVEN HUNDRED TWENTY-FOUR OF THIS ARTICLE.

S. 1506--A                         83                         A. 2006--A

  [(d) Upon a finding of facts and reasons  which  support  a  detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
  (i)  that there is no substantial likelihood that the youth and his or
her family will continue to benefit from diversion services and that all
available alternatives to detention have been exhausted; and
  (ii) whether continuation of the child in the child's  home  would  be
contrary  to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the  time  of  the
hearing held in accordance with this section; and
  (iii) where appropriate, whether reasonable efforts were made prior to
the  date  of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his  or  her
home or, if the child had been removed from his or her home prior to the
court  appearance  pursuant  to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
  (iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or  adjudicated
as  a  person in need of supervision lives with such person's parents or
to which such person will be discharged, and  the  existing  educational
setting of such person and the proximity of such setting to the location
of the detention setting.]
  § 6. Section 729 of the family court act is REPEALED.
  §  7.  Subdivisions (b), paragraph (i) of subdivision (d) and subdivi-
sion (f) of section 735 of the family  court  act,  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 (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; 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. 1506--A                         84                         A. 2006--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 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.
  § 8. 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

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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].
  § 9. 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.
  § 10. Section 747 of the family court act is REPEALED.
  § 11. Section 748 of the family court act is REPEALED.
  § 12. 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.
  §  13.  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

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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.]
  §  14.  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 OF THIS PART, 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 OF THIS
PART; 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 OF THIS PART in conjunction with an order of
placement.  For the purposes of calculating the initial period of place-
ment,  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

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specialized treatment or placement  and  the  diligent  efforts  by  the
commissioner of social services to locate an appropriate placement.]
  §  15. 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

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motion of any party or the agency, hold a hearing to  determine  whether
the [placement] CONDITION should be altered or modified.
  §  16.  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 OF THIS PART, the court may  proceed
under sections seven hundred thirty-seven, seven hundred thirty-eight or
seven  hundred  thirty-nine OF THIS ARTICLE 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.
  § 17. 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

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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
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.

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  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.
  §  18.  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] PARA-
GRAPH.
  § 18-a. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
409-a of the social services law, as amended by chapter 87 of  the  laws
of 1993, is amended to read as follows:
  [(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 according to standards
promulgated pursuant to section three  hundred  ninety-eight-b  of  this
chapter 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

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for mandated preventive services pursuant to [clause (ii) of] this para-
graph.
  § 19. Subdivision 3 of section 502 of the executive law, as amended by
section  79 of part WWW of chapter 59 of the laws of 2017, is 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, youthful offender or
adolescent 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, youthful offender or adolescent 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, youthful offenders or adolescent offenders
who have not attained their eighteenth or, commencing October first, two
thousand eighteen, their  twenty-first  birthday  shall  be  subject  to
detention  in  a detention facility. Commencing October first, two thou-
sand eighteen, a youth who on or after such date  committed  an  offense
when  the  youth  was sixteen years of age; or commencing October first,
two thousand nineteen, a youth who committed an offense on or after such
date when the youth was seventeen years of age held pursuant to a secur-
ing order of a criminal court if the youth is charged as  an  adolescent
offender  or  held pending a hearing for alleged violation of the condi-
tion of parole as an adolescent offender, must be held in a  specialized
secure  juvenile  detention  facility  for  older youth certified by the
state office of children and family services  in  conjunction  with  the
state commission of correction.
  §  20.  Subdivision  1,  the  opening  paragraph  of subdivision 2 and
subparagraph (i) of paragraph (a) of subdivision 3 of section  529-b  of
the executive law, as amended by section 99 of part WWW of chapter 59 of
the laws of 2017, 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, youthful offenders  or
adolescent  offenders from placement in detention or in residential care
shall be subject to state reimbursement under the supervision and treat-
ment services for juveniles program for up to sixty-two percent  of  the
municipality's  expenditures,  subject  to  available appropriations and
exclusive of any federal funds made available for such purposes, not  to
exceed  the municipality's distribution under the supervision and treat-
ment services for juveniles program.
  (b) The state funds appropriated for  the  supervision  and  treatment
services  for juveniles program shall be distributed to eligible munici-
palities by the office of children and family services based on  a  plan
developed  by  the  office  which  may  consider  historical information
regarding the number of youth seen at probation intake  for  an  alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING  DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF
THE FAMILY COURT ACT, the number of youth  remanded  to  detention,  the
number  of  juvenile  delinquents  placed with the office, the number of

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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, youthful offenders or adolescent  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 ALLEGED TO BE ADJUDICATED PERSONS IN NEED OF
SUPERVISION TO PREVENT SUCH YOUTH FROM FURTHER INVOLVEMENT IN THE  JUVE-
NILE OR CRIMINAL JUSTICE SYSTEMS. 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;
  §  21.  The  opening  paragraph  and  paragraph  (a) of subdivision 2,
subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of  subdivision
5,  and  subdivision  7 of section 530 of the executive law, the opening
paragraph and paragraph (a) of subdivision 2 and subparagraphs 1  and  4
of  paragraph  (a)  and  paragraph  (b)  of  subdivision 5 as amended by
section 100 of part WWW of chapter 59 of the laws of 2017  and  subdivi-
sion  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 made by municipalities in providing care, maintenance and
supervision to youth in  detention  facilities  designated  pursuant  to
[sections  seven  hundred  twenty and] section 305.2 of the family court
act and certified by 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,  youthful  offenders  and  adolescent  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 PEND-
ING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTI-

S. 1506--A                         93                         A. 2006--A

FIED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  CERTIFIED  OR
APPROVED  FOSTER  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 expenditures, 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 imple-
ment the use of  detention  risk  assessment  instruments  in  a  manner
prescribed  by  the office so as to inform detention decisions. Notwith-
standing any other provision of state law to the contrary,  data  neces-
sary  for  completion  of  a detention risk assessment instrument may be
shared among law enforcement, probation, courts,  detention  administra-
tors, 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.
  (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]
SECTION  305.2  of  the  family  court act by the office of children and
family services, pending adjudication of alleged delinquency [or alleged
need of supervision] by the family court, or pending transfer to  insti-
tutions  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 prin-
cipal is under seventeen years of age; 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]
SECTION 305.2 of the family court act, in order to assure that  adequate
accommodations  will be available for the immediate reception and proper
care therein of youth for which detention costs are reimbursable  pursu-
ant to paragraph (a) of this subdivision, shall be reimbursed as expend-
itures  for  care,  maintenance  and supervision under the provisions of
this section, provided the office shall have given  its  prior  approval
for reserving such accommodations.
  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 electron-
ically. Such report shall include, but not be limited to, the reason for
the court's determination in accordance  with  section  320.5  or  seven

S. 1506--A                         94                         A. 2006--A

hundred  thirty-nine  of  the  family court act 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 compi-
lation of all the separate reports to the governor and the legislature.
  § 22. Subdivision 8 of section 530 of the executive law is REPEALED.
  §  23.  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.
  §  24.  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; provided, however, that:
  (a) the amendments to subdivision 3-a of section  398  of  the  social
services  law made by section seventeen of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith; and
  (b) the amendments to subparagraph (ii) of paragraph (a)  of  subdivi-
sion 1 of section 409-a of the social services law made by section eigh-
teen  of  this  act  shall be subject to the expiration and reversion of
such subparagraph pursuant to section 28 of part C of chapter 83 of  the
laws  of 2002, as amended, when upon such date the provisions of section
eighteen-a of this act shall take effect.

                                 PART L

  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 YY of chapter 59 of the laws  of  2018,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$144.00] $148.00 for each month beginning on or after
January first, two thousand [eighteen] NINETEEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$166.00] $171.00 for each month beginning on
or after January first, two thousand [eighteen] NINETEEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$198.00] $204.00 for each month
beginning on or after January first, two thousand [eighteen] NINETEEN.
  (d) for the period commencing January first, two  thousand  [nineteen]
TWENTY, 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  [nineteen]  TWENTY,  but prior to June thirtieth, two thousand
[nineteen] TWENTY, rounded to the nearest whole dollar.

S. 1506--A                         95                         A. 2006--A

  § 2. Paragraph (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
YY of chapter 59 of the laws of 2018, are amended to read as follows:
  (a)  On and after January first, two thousand [eighteen] NINETEEN, for
an eligible individual living  alone,  [$837.00]  $858.00;  and  for  an
eligible couple living alone, [$1,229.00] $1,261.00.
  (b)  On and after January first, two thousand [eighteen] NINETEEN, for
an eligible individual  living  with  others  with  or  without  in-kind
income, [$773.00] $794.00; and for an eligible couple living with others
with or without in-kind income, [$1,171.00] $1,203.00.
  (c)  On and after January first, two thousand [eighteen] NINETEEN, (i)
for an eligible individual receiving family care, [$1,016.48]  $1,037.48
if he or she is receiving such care in the city of New York or the coun-
ty 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,  [$978.48]
$999.48;  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 [eighteen] NINETEEN, (i)
for an  eligible  individual  receiving  residential  care,  [$1,185.00]
$1,206.00 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, [$1,155.00] $1,176.00; 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  [eighteen]
NINETEEN,  (I) for an eligible individual receiving enhanced residential
care, [$1,444.00] $1,465.00; and (ii) for an eligible  couple  receiving
enhanced  residential  care,  two times the amount set forth in subpara-
graph (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 [nineteen] TWENTY  but
prior to June thirtieth, two thousand [nineteen] TWENTY.
  § 3. This act shall take effect December 31, 2019.

                                 PART M

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

S. 1506--A                         96                         A. 2006--A

is found. Section three of this Part sets forth  the  general  effective
date of this Part.

                                SUBPART A

  Section  1. The social services law is amended by adding a new section
462-c to read as follows:
  § 462-C. APPOINTMENT OF A TEMPORARY OPERATOR OF A FOSTER CARE PROGRAM.
1. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HAVE  THE  AUTHORITY
TO APPOINT A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OR HIS OR
HER DESIGNEE.
  (B) "OFFICE" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  (C) "FOSTER CARE AGENCY" SHALL MEAN AN AUTHORIZED AGENCY AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS CHAPTER THAT OPERATES ONE OR MORE FOSTER CARE PROGRAMS.
  (D) "ESTABLISHED OPERATOR" SHALL MEAN A FOSTER CARE AGENCY.
  (E)  "TEMPORARY  OPERATOR" SHALL MEAN ANY FOSTER CARE AGENCY APPOINTED
BY THE COMMISSIONER THAT:
  (I) AGREES TO PROVIDE FOSTER CARE ON A TEMPORARY  BASIS  IN  THE  BEST
INTERESTS OF THE FOSTER CARE YOUTH SERVED BY THE ESTABLISHED OPERATOR;
  (II)  HAS  A HISTORY OF RECENT COMPLIANCE WITH APPLICABLE LAWS, RULES,
AND REGULATIONS AND A RECORD OF PROVIDING FOSTER CARE OF  GOOD  QUALITY,
AS DETERMINED BY THE COMMISSIONER; AND
  (III)  PRIOR  TO  APPOINTMENT  AS  TEMPORARY OPERATOR, DEVELOPS A PLAN
DETERMINED TO BE SATISFACTORY BY THE COMMISSIONER TO ADDRESS THE  ESTAB-
LISHED OPERATOR'S DEFICIENCIES.
  (F)  "LOCAL  SOCIAL  SERVICES DISTRICT" SHALL INCLUDE ANY LOCAL SOCIAL
SERVICES DISTRICT WITH CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF A
FOSTER CARE YOUTH PLACED WITH  THE  ESTABLISHED  OPERATOR  THAT  MAY  BE
SUBJECT  TO  THE  APPOINTMENT  OF  A TEMPORARY OPERATOR PURSUANT TO THIS
SECTION, AS WELL  AS THE LOCAL SOCIAL SERVICES DISTRICT WHERE THE ESTAB-
LISHED OPERATOR IS LOCATED.
  3. (A) (I) A TEMPORARY OPERATOR MAY ONLY BE APPOINTED AFTER THE ESTAB-
LISHED OPERATOR HAS BEEN PROVIDED NOTICE OF ALLEGED VIOLATIONS  AND  THE
ABILITY TO CURE SUCH VIOLATIONS.
  (II)  THE LOCAL SOCIAL SERVICES DISTRICT SHALL ALSO BE NOTIFIED OF THE
ALLEGED VIOLATIONS PRIOR TO THE APPOINTMENT OF A TEMPORARY OPERATOR.
  (III) IF THE ESTABLISHED OPERATOR FAILS TO CURE SUCH VIOLATIONS  IN  A
TIMELY MANNER, A TEMPORARY OPERATOR MAY BE APPOINTED:
  (A)  WHERE  THE  ESTABLISHED OPERATOR IS UNABLE OR UNWILLING TO ENSURE
THE PROPER OPERATION  OF THE FOSTER CARE PROGRAM AND THERE EXIST  CONDI-
TIONS  THAT  HAVE  THE POTENTIAL TO SERIOUSLY ENDANGER OR JEOPARDIZE THE
HEALTH, SAFETY, OR WELFARE OF FOSTER CARE YOUTH; OR
  (B) WHEN NECESSARY TO PROTECT THE HEALTH, SAFETY OR WELFARE  OF  YOUTH
SERVED BY THE ESTABLISHED PROGRAM.
  (IV)  IF  THE COMMISSIONER DETERMINES TO APPOINT A TEMPORARY OPERATOR,
THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED  OPERATOR  AND  THE  LOCAL
SOCIAL  SERVICES DISTRICT OF HIS OR HER INTENTION TO APPOINT A TEMPORARY
OPERATOR TO ASSUME SOLE RESPONSIBILITY FOR  THE  ESTABLISHED  OPERATOR'S
OPERATIONS FOR A LIMITED PERIOD OF TIME.
  (V)  THE  APPOINTMENT  OF  A  TEMPORARY  OPERATOR SHALL BE EFFECTUATED
PURSUANT TO THIS SECTION, AND SHALL BE IN ADDITION TO ANY OTHER REMEDIES
PROVIDED BY LAW.

S. 1506--A                         97                         A. 2006--A

  (B) THE ESTABLISHED OPERATOR MAY AT ANY TIME REQUEST THE  COMMISSIONER
TO  APPOINT  A  TEMPORARY  OPERATOR.  UPON RECEIVING SUCH A REQUEST, THE
COMMISSIONER MAY, IF HE OR SHE DETERMINES THAT SUCH AN ACTION IS  NECES-
SARY,  ENTER  INTO  AN  AGREEMENT WITH THE ESTABLISHED  OPERATOR FOR THE
APPOINTMENT OF A TEMPORARY OPERATOR TO RESTORE OR MAINTAIN THE PROVISION
OF  SERVICES  TO  CHILDREN  AND  FAMILIES  PROVIDED  IN  THE FOSTER CARE
PROGRAM, UNTIL THE ESTABLISHED   OPERATOR CAN RESUME  OPERATIONS  WITHIN
THE DESIGNATED TIME PERIOD OR OTHER ACTION IS TAKEN TO  SUSPEND, REVOKE,
OR LIMIT THE AUTHORITY OF THE ESTABLISHED OPERATOR.
  4.  (A)  A TEMPORARY OPERATOR APPOINTED PURSUANT TO THIS SECTION SHALL
USE HIS OR HER BEST EFFORTS TO IMPLEMENT THE PLAN DEEMED SATISFACTORY BY
THE COMMISSIONER TO CORRECT OR ELIMINATE ANY CONCERNS REGARDING  HEALTH,
SAFETY  OR  WELFARE OF THE ESTABLISHED OPERATOR, AND PROMOTE THE QUALITY
AND ACCESSIBILITY OF SERVICES PROVIDED  TO  FOSTER  CHILDREN  AND  THEIR
FAMILIES IN THE APPLICABLE FOSTER CARE PROGRAM.
  (B)  DURING THE TERM OF APPOINTMENT, THE TEMPORARY OPERATOR SHALL HAVE
THE AUTHORITY TO DIRECT THE STAFF OF THE ESTABLISHED OPERATOR AS  NECES-
SARY  TO  APPROPRIATELY PROVIDE CARE FOR FOSTER CARE YOUTH IN ACCORDANCE
WITH THE PLAN APPROVED  BY  THE  COMMISSIONER.  THE  TEMPORARY  OPERATOR
SHALL,  DURING  THIS  PERIOD,  PROVIDE  PROGRAMS AND SERVICES FOR FOSTER
YOUTH IN SUCH A MANNER AS TO  PROMOTE THE HEALTH, SAFETY, AND WELFARE OF
THE YOUTH BY THE ESTABLISHED OPERATOR UNTIL EITHER THE ESTABLISHED OPER-
ATOR CAN RESUME OPERATIONS OR UNTIL THE OFFICE REVOKES THE AUTHORITY  OF
THE ESTABLISHED OPERATOR TO OPERATE A FOSTER CARE PROGRAM.
  (C) THE ESTABLISHED OPERATOR SHALL GRANT THE TEMPORARY OPERATOR ACCESS
TO  THE  ESTABLISHED OPERATOR'S ACCOUNTS AND RECORDS IN ORDER TO ADDRESS
ANY SERIOUS HEALTH, SAFETY OR WELFARE DEFICIENCIES. THE TEMPORARY OPERA-
TOR SHALL APPROVE ANY DECISION RELATED TO AN ESTABLISHED  PROVIDER'S DAY
TO DAY OPERATIONS OR  THE  ESTABLISHED  PROVIDER'S  ABILITY  TO  PROVIDE
PROGRAMS AND  SERVICES FOR FOSTER YOUTH.
  (D)  THE TEMPORARY OPERATOR SHALL NOT BE REQUIRED TO FILE ANY BOND. NO
SECURITY INTEREST IN ANY REAL OR PERSONAL PROPERTY COMPRISING THE ESTAB-
LISHED OPERATOR, CONTAINED WITHIN THE ESTABLISHED OPERATOR,  OR  IN  ANY
FIXTURE  OF THE BUILDING OR BUILDINGS OWNED BY THE ESTABLISHED OPERATOR,
SHALL BE IMPAIRED OR DIMINISHED IN PRIORITY BY THE  TEMPORARY  OPERATOR.
NEITHER THE TEMPORARY OPERATOR NOR THE OFFICE SHALL ENGAGE IN ANY ACTIV-
ITY THAT CONSTITUTES A CONFISCATION OF PROPERTY.
  5.  COSTS  ASSOCIATED  WITH  THE TEMPORARY OPERATOR, INCLUDING COMPEN-
SATION, SHALL BE BORNE   BY THE  ESTABLISHED  OPERATOR  AND  FOLLOW  THE
FINANCING  STRUCTURE  ESTABLISHED IN ACCORDANCE WITH SECTION ONE HUNDRED
FIFTY-THREE-K OF THIS CHAPTER AS MODIFIED BY THE CURRENT AID TO  LOCALI-
TIES  PROVISIONS  FOR  THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN
THE DEPARTMENT OF FAMILY ASSISTANCE. THE  TEMPORARY  OPERATOR  SHALL  BE
LIABLE  IN  ITS CAPACITY AS TEMPORARY OPERATOR FOR INJURY TO PERSONS AND
PROPERTY BY REASON OF ITS OPERATION OF SUCH BUILDING; NO LIABILITY SHALL
INCUR IN THE TEMPORARY  OPERATOR'S PERSONAL CAPACITY, EXCEPT  FOR  GROSS
NEGLIGENCE AND INTENTIONAL ACTS.
  6.  (A)  THE INITIAL TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR
SHALL NOT EXCEED NINETY DAYS. AFTER NINETY  DAYS,  IF  THE  COMMISSIONER
DETERMINES  THAT  TERMINATION  OF  THE  TEMPORARY  OPERATOR  WOULD CAUSE
SIGNIFICANT DETERIORATION OF THE QUALITY OF THE FOSTER CARE PROGRAM  RUN
BY  THE  ESTABLISHED  OPERATOR  OR  THAT  REAPPOINTMENT  IS NECESSARY TO
CORRECT THE DEFICIENCIES THAT REQUIRED  THE APPOINTMENT OF THE TEMPORARY
OPERATOR, THE COMMISSIONER MAY AUTHORIZE ADDITIONAL NINETY DAY TERMS.
  (B) WITHIN FOURTEEN DAYS PRIOR TO THE TERMINATION OF EACH TERM OF  THE
APPOINTMENT  OF  THE  TEMPORARY  OPERATOR,  THE TEMPORARY OPERATOR SHALL

S. 1506--A                         98                         A. 2006--A

SUBMIT TO THE COMMISSIONER, TO THE LOCAL SOCIAL SERVICES  DISTRICT,  AND
TO THE ESTABLISHED OPERATOR A REPORT DESCRIBING:
  (I) THE ACTIONS TAKEN DURING THE APPOINTMENT TO ADDRESS THE IDENTIFIED
DEFICIENCIES,  THE RESUMPTION OF OPERATIONS BY THE ESTABLISHED OPERATOR,
OR THE REVOCATION OF AUTHORITY TO OPERATE A FOSTER CARE PROGRAM;
  (II) OBJECTIVES FOR THE CONTINUATION OF THE TEMPORARY OPERATORSHIP  IF
NECESSARY AND A SCHEDULE FOR SATISFACTION OF SUCH OBJECTIVES; AND
  (III) IF APPLICABLE, THE RECOMMENDED ACTIONS FOR THE ONGOING PROVISION
OF FOSTER CARE AFTER THE TEMPORARY OPERATORSHIP IS COMPLETE.
  (C)  THE  TERM  OF THE INITIAL APPOINTMENT AND OF ANY SUBSEQUENT REAP-
POINTMENT OF A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION MAY BE
TERMINATED PRIOR TO THE EXPIRATION OF THE DESIGNATED TERM, IF THE ESTAB-
LISHED OPERATOR AND THE COMMISSIONER AGREE ON A PLAN OF  CORRECTION  AND
THE IMPLEMENTATION OF SUCH PLAN.
  7.  (A)  THE  COMMISSIONER  SHALL,  UPON  MAKING A DETERMINATION OF AN
INTENTION TO APPOINT A   TEMPORARY OPERATOR PURSUANT  TO  THIS  SECTION,
CAUSE  THE  ESTABLISHED OPERATOR AND THE LOCAL SOCIAL  SERVICES DISTRICT
TO BE  NOTIFIED  OF  THE  INTENTION  BY  REGISTERED  OR  CERTIFIED  MAIL
ADDRESSED  TO THE   PRINCIPAL OFFICE OF THE ESTABLISHED OPERATOR AND THE
LOCAL SOCIAL SERVICES DISTRICT.  SUCH  NOTIFICATION    SHALL  INCLUDE  A
DETAILED DESCRIPTION OF THE FINDINGS UNDERLYING THE INTENTION TO APPOINT
A  TEMPORARY  OPERATOR, AND THE DATE AND TIME OF A REQUIRED MEETING WITH
THE COMMISSIONER WITHIN TEN BUSINESS    DAYS  OF  THE  RECEIPT  OF  SUCH
NOTICE.  AT SUCH MEETING, THE ESTABLISHED OPERATOR, AND THE COMMISSIONER
SHALL HAVE THE OPPORTUNITY TO REVIEW AND DISCUSS ALL RELEVANT  FINDINGS.
AT  SUCH  MEETING,  THE  COMMISSIONER AND THE ESTABLISHED OPERATOR SHALL
ATTEMPT TO DEVELOP A MUTUALLY SATISFACTORY PLAN OF CORRECTION AND SCHED-
ULE FOR IMPLEMENTATION. IF A MUTUALLY SATISFACTORY  PLAN  OF  CORRECTION
AND  SCHEDULE  FOR  IMPLEMENTATION  IS DEVELOPED, THE COMMISSIONER SHALL
NOTIFY THE ESTABLISHED OPERATOR THAT THE COMMISSIONER WILL ABSTAIN  FROM
APPOINTING A TEMPORARY OPERATOR CONTINGENT UPON THE ESTABLISHED OPERATOR
REMEDIATING  THE  IDENTIFIED  DEFICIENCIES WITHIN THE  AGREED UPON TIME-
FRAME.
  (B) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF  AN  INTEN-
TION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, CAUSE THE
TEMPORARY  PRESIDENT  OF  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY TO
RECEIVE APPROPRIATE AND TIMELY NOTIFICATION OF THE INTENTION TO  APPOINT
A TEMPORARY OPERATOR. SUCH NOTIFICATION SHALL INCLUDE A  DESCRIPTION  OF
THE  FINDINGS  UNDERLYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR,
THE IDENTIFICATION OF THE TEMPORARY OPERATOR WHEN PRACTICABLE,  AND  THE
DATE  OF  EXPECTED  TRANSFER OF OPERATIONS. SUCH NOTICE SHALL BE MADE AS
SOON AS PRACTICABLE UNDER THE CIRCUMSTANCES.
  (C) THE COMMISSIONER, AT ANY TIME HE OR SHE DEEMS  NECESSARY,  AND  TO
THE  EXTENT  PRACTICABLE, SHALL CONSULT AND MAY INVOLVE THE LOCAL SOCIAL
SERVICES DISTRICT.
  (D) SHOULD THE COMMISSIONER AND THE ESTABLISHED OPERATOR BE UNABLE  TO
ESTABLISH  A  PLAN OF CORRECTION PURSUANT TO THIS SUBDIVISION, OR SHOULD
THE ESTABLISHED OPERATOR FAIL TO RESPOND TO THE  COMMISSIONER'S  INITIAL
NOTIFICATION,  THERE  SHALL  BE AN ADMINISTRATIVE HEARING ON THE COMMIS-
SIONER'S DETERMINATION TO APPOINT A TEMPORARY OPERATOR TO BEGIN NO LATER
THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO THE  ESTABLISHED  OPERA-
TOR.  ANY SUCH HEARING SHALL BE STRICTLY LIMITED TO THE ISSUE OF WHETHER
THE DETERMINATION OF THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR IS
SUPPORTED BY SUBSTANTIAL EVIDENCE. A COPY OF THE DECISION SHALL BE  SENT
TO THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT.

S. 1506--A                         99                         A. 2006--A

  (E)  IF  THE  DECISION  TO APPOINT A TEMPORARY OPERATOR IS UPHELD SUCH
TEMPORARY OPERATOR SHALL BE APPOINTED AS  SOON  AS  IS  PRACTICABLE  AND
SHALL  PROVIDE  APPROPRIATE CARE AND SERVICES FOR THE  FOSTER CARE YOUTH
AS WELL AS TAKE ANY NECESSARY ACTIONS PURSUANT TO THE PROVISIONS OF THIS
CHAPTER  OR  THE  REGULATIONS  OF  THE  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES.
  8. NOTWITHSTANDING THE APPOINTMENT OF A TEMPORARY OPERATOR, THE ESTAB-
LISHED OPERATOR SHALL REMAIN OBLIGATED FOR THE  CONTINUED  PROVISION  OF
CARE  AND SERVICES FOR THE FOSTER CARE YOUTH.  NO PROVISION CONTAINED IN
THIS SECTION SHALL BE DEEMED TO RELIEVE THE ESTABLISHED OPERATOR OR  ANY
OTHER  PERSON  OF  ANY CIVIL OR CRIMINAL LIABILITY INCURRED, OR ANY DUTY
IMPOSED BY LAW, BY REASON OF ACTS OR OMISSIONS OF THE ESTABLISHED OPERA-
TOR OR ANY OTHER PERSON PRIOR TO THE APPOINTMENT OF ANY TEMPORARY OPERA-
TOR OF THE BUILDING HEREUNDER; NOR  SHALL  ANYTHING  CONTAINED  IN  THIS
SECTION  BE   CONSTRUED TO SUSPEND DURING THE TERM OF THE APPOINTMENT OF
THE TEMPORARY OPERATOR OF THE   BUILDING ANY OBLIGATION  OF  THE  ESTAB-
LISHED  OPERATOR  OR ANY OTHER PERSON FOR THE MAINTENANCE AND  REPAIR OF
THE BUILDING, PROVISION OF UTILITY SERVICES, PAYMENT OF TAXES  OR  OTHER
OPERATING  AND   MAINTENANCE EXPENSES OF THE BUILDING, NOR OF THE ESTAB-
LISHED OPERATOR OR ANY OTHER PERSON FOR  THE  PAYMENT  OF  MORTGAGES  OR
LIENS.
  § 2. This act shall take effect immediately.

                                SUBPART B

  Section  1.  Section  4  of  part W of chapter 54 of the laws of 2016,
amending the social services law relating to the powers  and  duties  of
the  commissioner  of  social  services relating to the appointment of a
temporary operator, is amended to read as follows:
  § 4. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and  be  deemed  repealed  March  31,
[2019] 2022.
  § 2. This act shall take effect immediately.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or  subpart  thereof  directly involved in the controversy in which such
judgment shall have been rendered. It  is  hereby  declared  to  be  the
intent  of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
  § 3. This act shall take effect immediately; provided,  however,  that
the  applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART N

  Section 1. Paragraph (n) of subdivision 1 of section 336 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws  of  1997,  is  amended and a new paragraph (o) is added to read as
follows:
  (n) educational activities pursuant to section three  hundred  thirty-
six-a of this title[.];

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  (O)  TIME-LIMITED  JOB  TRY-OUTS  AS  WORK EXPERIENCE ASSIGNMENTS WITH
PRIVATE FOR-PROFIT, NON-PROFIT AND PUBLIC SECTOR ENTITIES THAT  LEAD  TO
UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOYMENT.
  §  2.  Subparagraph (iii) of paragraph (e) of subdivision 1 of section
335-b of the social services law, as amended by section 2 of part  J  of
chapter 58 of the laws of 2006, is amended to read as follows:
  (iii)  In  the  case of a two-parent family receiving federally funded
child care assistance and a parent in the  family  is  not  disabled  or
caring  for  a  severely  disabled  child,  the individual and the other
parent in the family are participating in work activities for a total of
at least fifty-five hours per week during  the  month,  not  fewer  than
fifty  hours  of which are attributable to activities described in para-
graphs (a) through (h) [and], (l) AND (O) of subdivision one of  section
three hundred thirty-six of this title.
  §  3.  Subdivision  2  of section 335-b of the social services law, as
amended by chapter 380 of the laws  of  2004,  is  amended  to  read  as
follows:
  2. Engaged in work for a month shall mean participating in work activ-
ities  identified in subdivision one of section three hundred thirty-six
of this title for the required number of hours specified in this section
provided, however, that at least twenty hours of such participation,  or
thirty  hours  for  two-parent  families,  or fifty hours for two-parent
families receiving federally funded child care as set forth in  subpara-
graph  (iii)  of paragraph (d) of subdivision one of this section, shall
be attributable to the activities described in  paragraphs  (a)  through
(h) [and], (l) AND (O) of subdivision one of section three hundred thir-
ty-six  of  this  title, or for households without dependent children at
least twenty hours of participation shall be attributable to the  activ-
ities  set  forth  in  paragraphs  (a) through (h) [and], (l) AND (O) of
subdivision one of section three hundred thirty-six of this  title,  and
further  provided  that  participation  in  job search and job readiness
assistance as identified in paragraph (f) of subdivision one of  section
three  hundred  thirty-six  of  this  title  shall only be determined as
engaged in work for a maximum period of six weeks, only  four  of  which
may  be  consecutive as otherwise limited by federal law; and that indi-
viduals in all families and in two parent families  may  be  engaged  in
work  for  a  month by reason of participation in vocational training to
the extent allowed by federal law. Any non-graduate student  participat-
ing or approved by CUNY, SUNY or another degree granting institution, or
any  other state or local district approved education, training or voca-
tional rehabilitation agency to participate in work-study, or in intern-
ships, externships, or other  work  placements  that  are  part  of  the
curriculum of that student, shall not be unreasonably denied the ability
to  participate  in  such  programs and each hour of participation shall
count toward satisfaction of such student's work  activity  requirements
of  this  title  provided  that  the  district may consider, among other
factors, (a) whether the student has voluntarily terminated his  or  her
employment  or  voluntarily  reduced  his or her earnings to qualify for
public assistance pursuant to subdivision ten  of  section  one  hundred
thirty-one  of  this article; (b) whether a comparable job or on the job
training position can reasonably be expected to exist  in  the  private,
public or not-for-profit sector; (c) that the student has a cumulative C
average or its equivalent, which may be waived by the district for undue
hardship  based  on  (1) the death of a relative of the student, (2) the
personal injury or illness of the  student,  or  (3)  other  extenuating
circumstances;  and (d) whether the institution cooperates in monitoring

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students attendance and performance and  reports  to  the  local  social
services  department monthly on each student. Failure of the institution
to monitor and report monthly to  local  social  services  districts  on
attendance  and  performance  of  the  student's work study, internship,
externship or other work placement shall be cause for the department  to
reasonably  deny  the student's ability to participate in such programs.
Students shall be subject to sanctions equivalent  to  those  associated
with failure to adequately satisfy their other required work activities.
In assigning a non-graduate student participating in work-study, intern-
ships,  externships  or other work placements, pursuant to this section,
to other work activities the district shall make  reasonable  effort  to
assign  the  student  to  hours  that do not conflict with the student's
academic schedule.
  § 4. Subdivision 1 of section 336-c of  the  social  services  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  A  SOCIAL  SERVICES DISTRICT MAY ALSO ESTABLISH TIME-LIMITED, JOB
TRY-OUT OPPORTUNITIES WITH  PRIVATE  FOR-PROFIT,  NON-PROFIT  OR  PUBLIC
SECTOR  ENTITIES  LEADING TO UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOY-
MENT.
  § 5. Subdivision 2 of section 336-c of the  social  services  law,  as
amended  by section 148 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  2. A recipient may be assigned to participate in [such] A work experi-
ence program only if:
  (a) appropriate federal and state  standards  of  health,  safety  and
other work conditions are maintained;
  (b)  The  MAXIMUM  number  of  hours  a participant in work experience
activities authorized pursuant to this section shall be required to work
in such assignment shall not exceed [a number] FORTY HOURS IN  ANY  WEEK
AND  SHALL  NOT  EXCEED  THE  NUMBER OF HOURS which equals the amount of
assistance payable with respect to such [individual] INDIVIDUAL'S PUBLIC
ASSISTANCE HOUSEHOLD (inclusive of the value of  [food  stamps]  SUPPLE-
MENTAL  NUTRITION ASSISTANCE PROGRAM BENEFITS received by such [individ-
ual] HOUSEHOLD, if any) divided by the [higher] HIGHEST of [(a)] (I) the
federal minimum wage [provided that such hours shall be limited  as  set
forth  in  subdivision  four of section three hundred thirty-six of this
title,]; or [(b)] (II) the APPLICABLE state minimum wage; OR  (III)  FOR
THOSE  PLACEMENTS  WITH  A FOR-PROFIT ENTITY, THE WAGE NORMALLY PROVIDED
FOR TRAINEES IN SUCH POSITIONS;
  (c) such recipients are provided appropriate workers' compensation  or
equivalent protection for on-the-job injuries and tort claims protection
on  the  same  basis,  but not necessarily at the same benefit level, as
they are provided to other persons in the  same  or  similar  positions,
while participating in work experience activities under this section;
  (d) the project to which the participant is assigned [serves] PURSUANT
TO  PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION MUST SERVE a useful
public purpose in fields such as health, social services,  environmental
protection,  education,  urban  and rural development and redevelopment,
welfare, recreation, operation of public facilities, public safety,  and
child day care;
  (e)  such  assignment  would not result in (i) the displacement of any
currently  employed  worker  or  loss  of  position  (including  partial
displacement  such as reduction in the hours of non-overtime work, wages
or  employment  benefits)  or  result  in  the  impairment  of  existing
contracts  for  services  or  collective bargaining agreements; (ii) THE
LOSS OF EXCLUSIVITY, IF ANY, TO ANY EMPLOYEE ORGANIZATION WITH REGARD TO

S. 1506--A                         102                        A. 2006--A

THE WORK PERFORMED BY ANY EMPLOYEES AS PART OF A NEGOTIATING UNIT PURSU-
ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW; (III)  the  employment
or  assignment  of  a  participant or the filling of a position when any
other  person  is  on  layoff  from  the same or any equivalent position
CONSISTENT WITH ARTICLE FIVE OF THE CIVIL SERVICE LAW  or  the  employer
has  terminated  the  employment  of  any  regular employee or otherwise
reduced its workforce with the effect of filling the vacancy so  created
with  a  participant assigned pursuant to this section; [(iii)] (IV) any
infringement of the promotional opportunities of  any  current  employed
person  WHEN  A  PARTICIPANT  IS  ASSIGNED  PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION; [or (iv)] (V) the performance, by  such
participant, of a substantial portion of the work ordinarily and actual-
ly  performed by regular employees WHEN A PARTICIPANT IS ASSIGNED PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION; or  [(v)]  (VI)
the  loss  of  a bargaining unit position as a result of work experience
participants  performing,  in  part  or  in  whole,  the  work  normally
performed by the employee in such position;
  (f)  such  assignment  is  not  at  any work site at which the regular
employees are on a legal  strike  against  the  employer  or  are  being
subjected to lock out by the employer.
  §  6.  Section 336-c of the social services law is amended by adding a
new subdivision 2-a to read as follows:
  2-A. JOB TRY-OUT  PROGRAMS  IN  PRIVATE  FOR-PROFIT,  NON-PROFIT,  AND
PUBLIC  SECTOR  ENTITIES  LEADING TO UNSUBSIDIZED FULL-TIME OR PART-TIME
EMPLOYMENT. (A) SOCIAL SERVICES  DISTRICTS  MAY  ENTER  AGREEMENTS  WITH
PRIVATE  FOR-PROFIT,  NON-PROFIT, OR PUBLIC SECTOR ENTITIES TO ESTABLISH
JOB TRY-OUT PROGRAMS WHICH WILL PROVIDE PUBLIC ASSISTANCE RECIPIENTS THE
TRAINING OPPORTUNITIES TO LEARN THE SKILLS NECESSARY TO PERFORM THE  JOB
DUTIES  FOR  AN  ANTICIPATED  JOB  OPENING.  ANY SUCH AGREEMENTS BETWEEN
SOCIAL SERVICES DISTRICTS AND PRIVATE FOR-PROFIT, NON-PROFIT  OR  PUBLIC
SECTOR  ENTITIES  SHALL  PROVIDE THAT PARTICIPANTS WILL BE OFFERED FULL-
TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT FOLLOWING THE END OF  A  NINE-
TY-DAY  JOB  TRY-OUT PERIOD ABSENT DEMONSTRATED REASONABLE CAUSE FOR NOT
HIRING THE PARTICIPANTS. AN ENTITY  WHICH  UNREASONABLY  TERMINATES  THE
NINETY-DAY  JOB  TRY-OUT PERIOD OR FAILS TO OFFER FULL-TIME OR PART-TIME
UNSUBSIDIZED EMPLOYMENT TO A PARTICIPANT WHO SUCCESSFULLY COMPLETES  THE
NINETY-DAY JOB TRY-OUT SHALL BECOME INELIGIBLE TO PARTICIPATE IN THE JOB
TRY-OUT PROGRAM, AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVISION.
  (B)  A PUBLIC ASSISTANCE RECIPIENT MAY BE ASSIGNED TO PARTICIPATE IN A
JOB TRY-OUT PURSUANT TO THIS SUBDIVISION ONLY IF:
  (I) THE PRIVATE FOR-PROFIT, NON-PROFIT, OR PUBLIC  SECTOR  ENTITY  HAS
ENTERED  INTO  AN  AGREEMENT WITH A SOCIAL SERVICES DISTRICT PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION;
  (II) THERE IS NO CONFLICT WITH LAWS AND REGULATIONS REGARDING  COLLEC-
TIVE  BARGAINING  IN  THE  PRIVATE  FOR-PROFIT,  NON-PROFIT,  AND PUBLIC
SECTORS;
  (III) NOTWITHSTANDING ANY OTHER SECTION OF LAW, THE JOB TRY-OUT  POSI-
TION  TO WHICH THE PARTICIPANT IS ASSIGNED SHALL BE UNPAID AND SHALL NOT
BE CONSIDERED EMPLOYMENT; HOWEVER, THE  FOLLOWING  PROVISIONS  SHALL  BE
EXCEPTED AND SHALL APPLY TO JOB TRY-OUT PLACEMENTS:
  (A) THE HUMAN RIGHTS LAW AS SET FORTH IN ARTICLE FIFTEEN OF THE EXECU-
TIVE LAW;
  (B) LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR
MORE  CRIMINAL  OFFENSES  AS  SET FORTH IN ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;

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  (C) ONE DAY OF REST IN SEVEN AS  SET  FORTH  IN  SECTION  ONE  HUNDRED
SIXTY-ONE OF THE LABOR LAW;
  (D)  TIME ALLOWED FOR MEALS AS SET FORTH IN SECTION ONE HUNDRED SIXTY-
TWO OF THE LABOR LAW;
  (E) PROHIBITED DISCRIMINATION AGAINST ENGAGEMENT IN CERTAIN ACTIVITIES
AS SET FORTH IN SECTION TWO HUNDRED ONE-D OF THE LABOR LAW; AND
  (F) PROHIBITED RETALIATION AS SET FORTH IN SECTION TWO HUNDRED FIFTEEN
OF THE LABOR LAW;
  (IV) THE HOUSEHOLD OF WHICH THE PARTICIPANT IS A MEMBER WILL  CONTINUE
TO  RECEIVE  ANY  PUBLIC  ASSISTANCE,  SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM, OR OTHER BENEFITS THAT SUCH HOUSEHOLD IS OTHERWISE ELIGIBLE FOR
THROUGHOUT THE JOB TRY-OUT ASSIGNMENT;
  (V) THE JOB TRY-OUT PROGRAM TO WHICH THE PARTICIPANT IS ASSIGNED SHALL
BE LIMITED TO NINETY DAYS. THE ASSIGNMENT MAY NOT BE EXTENDED BEYOND THE
NINETY DAYS, EVEN IF AGREED TO BY THE PARTICIPANT AND THE  PRIVATE  FOR-
PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY;
  (VI) PRIOR TO THE JOB TRY-OUT ASSIGNMENT, THE PARTICIPANT WILL RECEIVE
FROM  THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY A WRIT-
TEN EXPLANATION OF  HIS  OR  HER  TRAINING  EXPECTATIONS  ALONG  WITH  A
DESCRIPTION OF THE SUPERVISION AND SKILLS TO BE LEARNED;
  (VII) THE PRIVATE SECTOR FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTI-
TY  IS  REQUIRED  TO PROVIDE TO THE SOCIAL SERVICES DISTRICT, AT NO LESS
THAN  THIRTY-DAY  INTERVALS,  INFORMATION  REGARDING  THE  PARTICIPANT'S
ATTENDANCE AND PERFORMANCE AS PART OF A JOB TRY-OUT ASSIGNMENT;
  (C)  NON-COMPLIANCE.  IF  A SOCIAL SERVICES DISTRICT DETERMINES THAT A
PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY  WITHOUT  REASON-
ABLE CAUSE, HAS NOT RETAINED THE PARTICIPANT FOR THE FULL NINETY DAY JOB
TRY-OUT  PERIOD  OR  HAS NOT OFFERED FULL-TIME OR PART-TIME UNSUBSIDIZED
EMPLOYMENT TO THE PARTICIPANT ON OR BEFORE THE END OF THE NINETY DAY JOB
TRY-OUT PERIOD PURSUANT TO THE REQUIREMENTS  OF  THIS  SUBDIVISION,  THE
SOCIAL SERVICES DISTRICT SHALL TAKE THE FOLLOWING ACTIONS:
  (I)  A  FIRST VIOLATION SHALL RESULT IN A ONE-MONTH BAN ON NEW ASSIGN-
MENTS WITH THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY;
  (II) A SECOND VIOLATION, WITHIN ONE YEAR OF THE FIRST VIOLATION, SHALL
RESULT IN A THREE-MONTH BAN ON NEW ASSIGNMENTS WITH THE PRIVATE FOR-PRO-
FIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; AND
  (III) A THIRD VIOLATION, AND ANY FURTHER VIOLATIONS, WITHIN TWO  YEARS
OF THE FIRST VIOLATION, SHALL RESULT IN A ONE-YEAR BAN ON NEW ASSIGNMENT
PLACEMENTS  WITH  THE  PRIVATE  FOR-PROFIT,  NON-PROFIT OR PUBLIC SECTOR
ENTITY.
  § 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of the office
of temporary and disability assistance may promulgate any rules or regu-
lations necessary to implement this act on or before its effective date.

                                 PART O

  Section 1. Subdivision 1 of section 198-a of the labor law, as amended
by chapter 564 of the laws of 2010, is amended to read as follows:
  1. Every employer who does not pay the wages of  all  of  his  OR  HER
employees  in  accordance  with  the provisions of this chapter, and the
officers and agents of any corporation, partnership, or limited  liabil-
ity company who knowingly permit the corporation, partnership, or limit-
ed liability company to violate this chapter by failing to pay the wages
of any of its employees in accordance with the provisions thereof, shall
be  guilty  [of  a misdemeanor for the first offense and upon conviction

S. 1506--A                         104                        A. 2006--A

therefor shall be fined not less than five hundred nor more than  twenty
thousand  dollars  or imprisoned for not more than one year, and, in the
event that any second or subsequent offense occurs within six  years  of
the  date of conviction for a prior offense, shall be guilty of a felony
for the second or subsequent  offense,  and  upon  conviction  therefor,
shall  be fined not less than five hundred nor more than twenty thousand
dollars or imprisoned for not more  than  one  year  plus  one  day,  or
punished  by  both such fine and imprisonment, for each such offense. An
indictment of a person or corporation operating a steam surface railroad
for an offense specified in this section may be found and tried  in  any
county  within  the state in which such railroad ran at the time of such
offense] , EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE  PENAL
LAW,  OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE LESS
THAN ONE THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND  DOLLARS  TO
MORE  THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A SINGLE
EMPLOYEE GREATER THAN ONE THOUSAND DOLLARS OR GREATER  THAN  TWENTY-FIVE
THOUSAND  DOLLARS  TO  MORE  THAN  ONE EMPLOYEE; OF A CLASS D FELONY FOR
FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS  OR
ONE  HUNDRED  THOUSAND  DOLLARS TO MORE THAN ONE EMPLOYEE; AND A CLASS C
FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY  THOUSAND
DOLLARS  OR  GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE
EMPLOYEE. FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE  AMOUNT
OF  THE  UNDERPAYMENT  AND  TOGETHER  WITH  SUCH AMOUNTS PROVIDED FOR BY
SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
  § 2. Section 213 of the labor law, as amended by chapter  729  of  the
laws of 1980, is amended to read as follows:
  §  213.  Violations of provisions of labor law; the rules, regulations
or orders of the industrial commissioner and  the  industrial  board  of
appeals.  Any  person who violates or does not comply with any provision
of the labor law, any rule, regulation or lawful order of the industrial
commissioner or the industrial board of appeals, and  the  officers  and
agents  of  any  corporation  who  knowingly  permit  the corporation to
violate such provisions, are guilty of a CLASS A  misdemeanor  and  upon
conviction  shall  be punished IN ACCORDANCE WITH THE PENAL LAW, [except
as in this chapter or in the penal law otherwise provided, for  a  first
offense by a fine of not more than one hundred dollars, provided, howev-
er,  that if the first offense is a violation of a rule or provision for
the protection of the safety or health of employees or persons  lawfully
frequenting  a place to which this chapter applies, the punishment shall
be a fine of not more than one hundred dollars or  by  imprisonment  for
not  more than fifteen days or by both such fine and imprisonment;] AND,
for a second [offense by a fine of not less than one  hundred  nor  more
than  five  hundred dollars, or by imprisonment for not more than thirty
days or by both such fine and imprisonment; for a subsequent offense  by
a  fine  of  not less than three hundred dollars, or by imprisonment for
not more than sixty days, or by both  such  fine  and  imprisonment]  OR
SUBSEQUENT  OFFENSE COMMITTED WITHIN SIX YEARS OF THE DATE OF CONVICTION
OF A PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY AND  UPON  CONVICTION
SHALL  BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW.  This section shall
not apply to any person covered by section twenty-seven-a of this  chap-
ter.
  § 3. This act shall take effect immediately.

                                 PART P

S. 1506--A                         105                        A. 2006--A

  Section  1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
  §  522.  Total  unemployment.  "Total  unemployment" OR "TOTALLY UNEM-
PLOYED" means the [total] lack of any employment [on] IN any [day] WEEK.
The term "employment" as used  in  this  section  means  any  employment
including that not defined in this title.
  §  2.  Section  523 of the labor law, as amended by chapter 675 of the
laws of 1977, is amended to read as follows:
  § 523. [Effective day. "Effective day" means a full day of total unem-
ployment provided such day falls within a week in which a  claimant  had
four  or  more days of total unemployment and provided further that only
those days of total unemployment in excess of  three  days  within  such
week are deemed "effective days". No effective day is deemed to occur in
a week in which the claimant has days of employment for which he is paid
compensation  exceeding  the highest benefit rate which is applicable to
any claimant in such   week. A claimant  who  is  employed  on  a  shift
continuing  through  midnight is deemed to have been employed on the day
beginning before midnight with respect to such shift, except where night
shift employees are regularly scheduled to  start  their  work  week  at
seven post meridiem or thereafter on Sunday night, their regularly sche-
duled  starting  time  on  Sunday  shall  be  considered  as starting on
Monday.] PARTIAL  UNEMPLOYMENT.  "PARTIAL  UNEMPLOYMENT"  OR  "PARTIALLY
UNEMPLOYED" MEANS ANY WEEK IF THE TOTAL REMUNERATION OF ANY NATURE PAYA-
BLE  FOR  SERVICES OF ANY KIND DURING SUCH WEEK AMOUNTS TO LESS THAN ONE
AND ONE-HALF TIMES THE CLAIMANT'S BENEFIT RATE FOR TOTAL    UNEMPLOYMENT
ROUNDED TO THE LOWEST NEXT DOLLAR. FOR PURPOSES OF THIS SECTION,  REMUN-
ERATION  SHALL  ALSO  INCLUDE  ANY  HOLIDAY OR VACATION PAY PAYABLE WITH
RESPECT TO ANY SUCH WEEK, WHETHER  OR  NOT  ANY  SERVICE  WAS  PERFORMED
DURING  SUCH  WEEK  OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH
HOLIDAY OR VACATION PAY. FOR PURPOSES OF THIS SECTION, THE  COMMISSIONER
SHALL  CONSIDER  EARNINGS  DERIVED FROM SELF-EMPLOYMENT, BUT ONLY TO THE
EXTENT SUCH EARNINGS ARE ACTUALLY RECEIVED OR PAYABLE WITH RESPECT TO  A
GIVEN  WEEK OF PARTIAL UNEMPLOYMENT.
  §  3.  Section 524 of the labor law, as added by chapter 5 of the laws
of 2000, is amended to read as follows:
  § 524. Week of employment. For purposes  of  this  article,  "week  of
employment"  shall  mean  a  Monday through Sunday period during which a
claimant was paid remuneration for employment for an employer or employ-
ers liable for contributions or for payments in  lieu  of  contributions
under  this  article.   A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING
THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON  THE  DAY  BEGINNING
BEFORE  MIDNIGHT  WITH  RESPECT  TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT
EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST
MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START-
ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
  § 4. Subdivision 4 of section 527 of the  labor  law,  as  amended  by
chapter  832 of the laws of 1968 and as renumbered by chapter 381 of the
laws of 1984, is amended to read as follows:
  4. General condition. A valid original claim may be filed  only  in  a
week  in which the claimant [has at least one effective day of unemploy-
ment] IS TOTALLY UNEMPLOYED OR PARTIALLY UNEMPLOYED AS DEFINED  IN  THIS
ARTICLE.
  §  5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph
(e) of subdivision 1 of section 581 of the  labor  law,  as  amended  by
chapter 282 of the laws of 2002, are amended to read as follows:

S. 1506--A                         106                        A. 2006--A

  (i)  In  those instances where the claimant may not utilize wages paid
to establish entitlement based upon  subdivision  ten  of  section  five
hundred  ninety  of  this  article and an educational institution is the
claimant's last employer prior to the filing of the claim for  benefits,
or  the  claimant  performed services in such educational institution in
such capacity while employed by an educational service agency  which  is
the  claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for  benefit  charges  [for  the
first  twenty-eight  effective days of benefits paid] IN AN AMOUNT EQUAL
TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as  otherwise
provided  by this section. Under such circumstances, benefits paid shall
be charged to the general account. In addition, wages  paid  during  the
base  period  by  such educational institutions, or for services in such
educational  institutions  for  claimants  employed  by  an  educational
service  agency shall not be considered base period wages during periods
that such wages may not be used to gain entitlement to benefits pursuant
to subdivision ten of section five hundred ninety of this article.
  (ii) In those instances where the claimant may not utilize wages  paid
to  establish  entitlement based upon subdivision eleven of section five
hundred ninety of this article and an  educational  institution  is  the
claimant's  last employer prior to the filing of the claim for benefits,
or the claimant performed services in such  educational  institution  in
such  capacity  while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for  bene-
fits,  such  employer  shall  not be liable for benefit charges [for the
first twenty-eight effective days of benefits paid] IN AN  AMOUNT  EQUAL
TO  THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
provided by this section. Under such circumstances, benefits  paid  will
be  charged  to  the general account. In addition, wages paid during the
base period by such educational institutions, or for  services  in  such
educational  institutions  for  claimants  employed  by  an  educational
service agency shall not be considered base period wages during  periods
that such wages may not be used to gain entitlement to benefits pursuant
to  subdivision  eleven  of section five hundred ninety of this article.
However, in those instances where a claimant was not afforded an  oppor-
tunity  to perform services for the educational institution for the next
academic year or term after  reasonable  assurance  was  provided,  such
employer  shall  be  liable  for benefit charges as provided for in this
paragraph for any retroactive payments made to the claimant.
  (iii) In those instances where the federal government  is  the  claim-
ant's  last  employer  prior to the filing of the claim for benefits and
such employer is not a  base-period  employer,  payments  [equaling  the
first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
BENEFITS  PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as otherwise
prescribed by this section shall be charged to the general  account.  In
those  instances  where  the  federal  government is the claimant's last
employer prior to the filing of the claim for benefits and a base-period
employer, such employer shall be liable for  charges  for  all  benefits
paid  on such claim in the same proportion that the remuneration paid by
such employer during the base period bears to the remuneration  paid  by
all  employers  during  the  base  period.  In addition, benefit payment
charges [for the first twenty-eight effective days of  benefits]  IN  AN
AMOUNT  EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT
other than those chargeable to  the  federal  government  as  prescribed
above shall be made to the general account.

S. 1506--A                         107                        A. 2006--A

  (iv)  In those instances where a combined wage claim is filed pursuant
to interstate reciprocal agreements and  the  claimant's  last  employer
prior  to  the  filing of the claim is an out-of-state employer and such
employer is not a base-period employer, benefit payments  [equaling  the
first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
BENEFITS  PAID  FOR  SEVEN  WEEKS  OF  TOTAL  UNEMPLOYMENT  as otherwise
prescribed by this section shall be charged to the general  account.  In
those  instances  where  the  out-of-state employer is the last employer
prior to the filing of the claim for benefits and a base-period employer
such employer shall be liable for charges for all benefits paid on  such
claim in the same proportion that the remuneration paid by such employer
during  the  base period bears to the remuneration paid by all employers
during the base period. In addition, benefit payment  charges  [for  the
twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE-
FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge-
able  to  the out-of-state employer as prescribed above shall be made to
the general account.
  § 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi-
sions 6 and 7 of section 590 of the labor law, subdivisions 1 and  3  as
amended  by chapter 645 of the laws of 1951, subdivision 4 as amended by
chapter 457 of the laws of 1987,  paragraph  (a)  of  subdivision  5  as
amended by section 8 of part O of chapter 57 of the laws of 2013, subdi-
vision  6  as added by chapter 720 of the laws of 1953 and as renumbered
by chapter 675 of the laws of 1977, and  subdivision  7  as  amended  by
chapter  415 of the laws of 1983, are amended and two new paragraphs (c)
and (d) are added to subdivision 5 to read as follows:
  1. Entitlement to benefits. A claimant shall be entitled  to  [accumu-
late  effective  days  for the purpose of benefit rights] THE PAYMENT OF
BENEFITS only if he OR SHE has complied  with  the  provisions  of  this
article  regarding  the filing of his OR HER claim, including the filing
of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY
unemployed, reported his OR HER subsequent employment and  unemployment,
and  reported  for  work or otherwise given notice of the continuance of
his OR HER unemployment.
  3. Compensable periods. Benefits shall be paid for each  [accumulation
of  effective days within a] week OF PARTIAL UNEMPLOYMENT OR TOTAL UNEM-
PLOYMENT.
  4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S
WEEKLY BENEFIT RATE in any benefit year, except as provided  in  section
six  hundred one and subdivision two of section five hundred ninety-nine
of this [chapter] TITLE.
  (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
the  remuneration  paid  during the highest calendar quarter of the base
period by employers, liable for contributions or  payments  in  lieu  of
contributions under this article, provided the claimant has remuneration
paid  in  all  four  calendar  quarters during his or her base period or
alternate base period. However, for any claimant  who  has  remuneration
paid  in  all  four  calendar  quarters during his or her base period or
alternate base period  and  whose  high  calendar  quarter  remuneration
during  the  base  period  is  three  thousand five hundred seventy-five
dollars or less, the benefit amount shall be  one  twenty-fifth  of  the
remuneration paid during the highest calendar quarter of the base period
by  employers  liable  for contributions or payments in lieu of contrib-
utions under this article. A claimant's  weekly  benefit  shall  be  one
twenty-sixth  of  the average remuneration paid in the two highest quar-

S. 1506--A                         108                        A. 2006--A

ters paid during the base period or alternate base period  by  employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters  provided  however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than  three  thousand  five
hundred  seventy-five  dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However,  for  any  claimant
who  has  remuneration paid in two or three calendar quarters during his
or her base period or alternate base  period  and  whose  high  calendar
quarter  remuneration  during  the  base  period  is three thousand five
hundred seventy-five dollars or less, the benefit amount  shall  be  one
twenty-fifth  of the remuneration paid during the highest calendar quar-
ter of the base period by employers liable for contributions or payments
in lieu of contributions under this article.  Any  claimant  whose  high
calendar  quarter remuneration during the base period is more than three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit amount less than one hundred forty-three dollars. The weekly benefit
amount, so computed, that is not a  multiple  of  one  dollar  shall  be
lowered  to  the  next  multiple  of  one dollar. On the first Monday of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not exceed three hundred sixty-five  dollars  nor  be  less  than  forty
dollars,  until  the  first  Monday of September, two thousand, at which
time the maximum benefit payable  pursuant  to  this  subdivision  shall
equal  one-half  of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two  thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. On and after the first Monday of October, two thousand fourteen,
the weekly benefit shall not be less than one hundred dollars, nor shall
it exceed four hundred twenty dollars until the first Monday of October,
two  thousand  fifteen  when  the  maximum  benefit amount shall be four
hundred twenty-five dollars, until the  first  Monday  of  October,  two
thousand  sixteen  when the maximum benefit amount shall be four hundred
thirty dollars, until the first Monday of October, two  thousand  seven-
teen  when  the maximum benefit amount shall be four hundred thirty-five
dollars, until the first Monday of October, two thousand  eighteen  when
the  maximum  benefit  amount shall be four hundred fifty dollars, until
the first Monday of October, two  thousand  nineteen  when  the  maximum
benefit  amount  shall  be thirty-six percent of the average weekly wage
until the first Monday of October, two thousand twenty when the  maximum
benefit amount shall be thirty-eight percent of the average weekly wage,
until the first Monday of October two thousand twenty-one when the maxi-
mum  benefit  amount  shall be forty percent of the average weekly wage,
until the first Monday of October,  two  thousand  twenty-two  when  the
maximum  benefit amount shall be forty-two percent of the average weekly
wage, until the first Monday of October, two thousand twenty-three  when
the  maximum  benefit  amount shall be forty-four percent of the average
weekly wage, until the first Monday of October, two thousand twenty-four
when the maximum benefit amount shall be forty-six percent of the  aver-
age  weekly  wage, until the first Monday of October, two thousand twen-
ty-five when the maximum benefit amount shall be forty-eight percent  of
the average weekly wage, until the first Monday of October, two thousand
twenty-six  and each year thereafter on the first Monday of October when
the maximum benefit amount shall be fifty percent of the average  weekly
wage  provided,  however,  that  in  no  event shall the maximum benefit
amount be reduced from the previous year. A CLAIMANT SHALL  RECEIVE  HIS
OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT.

S. 1506--A                         109                        A. 2006--A

  (C)  ANY  CLAIMANT WHO IS PARTIALLY UNEMPLOYED THROUGHOUT A WEEK SHALL
BE PAID WITH  RESPECT TO SUCH WEEK AN AMOUNT  EQUAL  TO  THE  CLAIMANT'S
BENEFIT  RATE FOR TOTAL  UNEMPLOYMENT REDUCED BY AN AMOUNT EQUAL TO TWO-
THIRDS, ROUNDED TO THE NEXT LOWER WHOLE DOLLAR, OF THE  TOTAL  REMUNERA-
TION,  ROUNDED  TO  THE LOWER WHOLE DOLLAR, OF ANY NATURE PAYABLE TO THE
CLAIMANT FOR SERVICES OF ANY KIND DURING SUCH WEEK.
  (D) ANY CLAIMANT WHO  IS  PARTIALLY  UNEMPLOYED  WHOSE  EMPLOYMENT  IS
LIMITED  TO  ONE  OR  TWO DAYS DURING ANY WEEK OF UNEMPLOYMENT AND WHOSE
PAID OR PAYABLE REMUNERATION FOR SUCH WEEK IS EQUAL TO OR LESS THAN  THE
WEEKLY MAXIMUM BENEFIT AMOUNT SHALL BE PAID:
  (1) FOR EMPLOYMENT LIMITED TO ONE DAY, A BENEFIT AMOUNT EQUAL TO THREE
QUARTERS  OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER
THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT
BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  (2) FOR EMPLOYMENT LIMITED TO TWO DAYS,  A  BENEFIT  AMOUNT  EQUAL  TO
FIFTY  PERCENT  OF  HIS  OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS
GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER  BENE-
FIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  6.  Notification  requirement.  [No effective day shall be counted for
any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY
FOR ANY  WEEK  FOR  which  notification  has  been  given  in  a  manner
prescribed by the commissioner.
  7.  Waiting  period.  A  claimant shall not be entitled to [accumulate
effective days for the purpose of] RECEIVE benefit payments until he  OR
SHE has [accumulated] COMPLETED a waiting period of [four effective days
either  wholly  within  the]  ONE  week OF TOTAL UNEMPLOYMENT OR PARTIAL
UNEMPLOYMENT in which he OR SHE established [his] A valid original claim
[or partly within such week and partly] within his OR HER  benefit  year
initiated by such claim.
  §  7.  Subdivisions  1 and 2, paragraph (a) of subdivision 3 and para-
graph (a) of subdivision 6 of section 591 of the labor law, subdivisions
1 and 2 as amended by chapter 413 of the laws of 2003, paragraph (a)  of
subdivision  3  as  amended by chapter 794 of the laws of 1963 and para-
graph (a) of subdivision 6 as added by section 13 of part O  of  chapter
57 of laws of 2013, are amended to read as follows:
  1.  Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
totally  UNEMPLOYED  OR PARTIALLY unemployed and who is unable to engage
in his OR HER usual employment or in any other for which he  OR  SHE  is
reasonably  fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of  the
United States.
  2.  Availability  and  capability.  Except as provided in section five
hundred ninety-one-a of this title, no benefits shall be payable to  any
claimant  who  is  not  capable of work or who is not ready, willing and
able to work in his usual employment or in any other  for  which  he  is
reasonably  fitted  by  training and experience.  THE COMMISSIONER SHALL
PROMULGATE REGULATIONS DEFINING A CLAIMANT'S  ELIGIBILITY  FOR  BENEFITS
WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE
TO  WORK  IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE
IS REASONABLY FITTED BY TRAINING AND EXPERIENCE.
  (a) [No benefits shall be] BENEFITS payable to a claimant for any  day
during  a  paid  vacation  period, or for a paid holiday, [nor shall any
such day be considered a day of total unemployment  under  section  five

S. 1506--A                         110                        A. 2006--A

hundred  twenty-two]  SHALL  BE  CALCULATED  AS PROVIDED IN SECTION FIVE
HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY
of this article.
  (a)  No  benefits shall be payable to a claimant for any week during a
dismissal period for which a claimant receives dismissal pay[, nor shall
any day within such week be considered a day of total unemployment under
section five  hundred  twenty-two  of  this  article,]  if  such  weekly
dismissal pay exceeds the maximum weekly benefit rate.
  § 8. Subdivisions 1 and 2 of section 591 of the labor law, subdivision
1  as  amended  by  chapter 446 of the laws of 1981 and subdivision 2 as
amended by section 12 of part O of chapter 57 of the laws of  2013,  are
amended to read as follows:
  1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
totally UNEMPLOYED OR PARTIALLY unemployed and who is unable  to  engage
in  his  OR  HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is  receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such  claimant's service on a grand or petit jury of any state or of the
United States.
  2. Availability, capability, and work search.  No  benefits  shall  be
payable  to any claimant who is not capable of work or who is not ready,
willing and able to work in his or her usual employment or in any  other
for  which he or she is reasonably fitted by training and experience and
who is not actively seeking work. In order to be actively seeking work a
claimant must be engaged in systematic and  sustained  efforts  to  find
work.  The commissioner shall promulgate regulations defining systematic
and sustained efforts to find work and setting standards for  the  proof
of  work  search efforts.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS
DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT
CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK  IN  HIS  OR  HER
USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY
TRAINING AND EXPERIENCE.
  §  9.  Subdivision  2  of  section 592 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
  2. Concurrent payments prohibited.  No  [days  of  total  unemployment
shall  be  deemed  to  occur] BENEFITS SHALL BE PAYABLE in any week with
respect to which or a part of which a claimant has received or is  seek-
ing  unemployment benefits under an unemployment compensation law of any
other state or of the United States, provided that this provision  shall
not apply if the appropriate agency of such other state or of the United
States  finally  determines that he OR SHE is not entitled to such unem-
ployment benefits.
  § 10. Paragraph (a) of subdivision 1, the opening paragraph of  subdi-
vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para-
graph  (a)  of subdivision 1, the opening paragraph of subdivision 2 and
subdivision 3 as amended by section 15 of part O of chapter  57  of  the
laws  of 2013 and subdivision 4 as amended by chapter 589 of the laws of
1998, are amended to read as follows:
  (a) No [days of total unemployment shall be deemed to occur]  BENEFITS
SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
MENT  THAT  OCCURS  after a claimant's voluntary separation without good
cause from employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to  ten  times  his  or  her
weekly  benefit  rate.  In  addition  to other circumstances that may be
found to constitute good cause, including a compelling family reason  as

S. 1506--A                         111                        A. 2006--A

set  forth  in  paragraph  (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify  a  claimant  if  circum-
stances  have developed in the course of such employment that would have
justified the claimant in refusing such employment in the first instance
under  the  terms of subdivision two of this section or if the claimant,
pursuant to an option provided under a collective  bargaining  agreement
or  written  employer  plan  which permits waiver of his or her right to
retain the employment when there is a temporary layoff because  of  lack
of  work,  has  elected  to  be separated for a temporary period and the
employer has consented thereto.
  No [days of total unemployment shall  be  deemed  to  occur]  BENEFITS
SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
MENT  beginning  with  the  day on which a claimant, without good cause,
refuses to accept an offer of employment for which he or she is  reason-
ably fitted by training and experience, including employment not subject
to  this  article, until he or she has subsequently worked in employment
and earned remuneration at least equal to ten times his  or  her  weekly
benefit rate. Except that claimants who are not subject to a recall date
or  who do not obtain employment through a union hiring hall and who are
still unemployed after receiving ten weeks of benefits shall be required
to accept any employment proffered that such claimants  are  capable  of
performing,  provided  that  such  employment would result in a wage not
less than eighty percent of such claimant's high calendar quarter  wages
received in the base period and not substantially less than the prevail-
ing  wage  for similar work in the locality as provided for in paragraph
(d) of this subdivision. No refusal to accept employment shall be deemed
without good cause nor shall it disqualify any claimant otherwise eligi-
ble to receive benefits if:
  3. Misconduct. No [days of  total  unemployment  shall  be  deemed  to
occur]  BENEFITS  SHALL BE PAYABLE FOR ANY WEEK OF TOTAL

The New York State Senate

assembly Bill A2006C

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assembly Bill A2006C

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Mar 31, 2019 - floor Vote

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