EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12672-02-0
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in relation to the effectiveness thereof; to amend chapter 169 of the
laws of 1994, relating to certain provisions related to the 1994-95
state operations, aid to localities, capital projects and debt service
budgets, in relation to the effectiveness thereof; to amend chapter
147 of the laws of 2001, amending the education law relating to condi-
tional appointment of school district, charter school or BOCES employ-
ees, in relation to the effectiveness thereof; to amend chapter 425 of
the laws of 2002, amending the education law relating to the provision
of supplemental educational services, attendance at a safe public
school and the suspension of pupils who bring a firearm to or possess
a firearm at a school, in relation to the effectiveness thereof; to
amend chapter 101 of the laws of 2003, amending the education law
relating to implementation of the No Child Left Behind Act of 2001, in
relation to the effectiveness thereof; to amend part C of chapter 57
of the laws of 2004, relating to the support of education, in relation
to the effectiveness thereof; relates to school bus driver training;
relates to special apportionment for salary expenses and public
pension accruals; relates to authorizing the city school district of
the city of Rochester to purchase certain services; relates to subal-
locations of appropriations; and relates to the support of public
libraries (Part A); to amend the education law, in relation to estab-
lishing the Syracuse Comprehensive Education and Workforce Training
Center focusing on Science, Technology, Engineering, Arts, and Math to
provide instruction to students in the Onondaga, Cortland and Madison
county BOCES and the central New York region in the areas of science,
technology, engineering, arts and mathematics (Part B); directing the
commissioner of education to appoint a monitor for the Rochester city
school district and establishing the powers and duties of such monitor
and certain other officers; and providing for the repeal of such
provisions upon the expiration thereof (Part C); to amend the educa-
tion law, in relation to predictable tuition allowing annual tuition
increase for SUNY and CUNY schools; and to amend chapter 260 of the
laws of 2011, amending the education law and the New York state urban
development corporation act relating to establishing components of the
NY-SUNY 2020 challenge grant program, in relation to the effectiveness
thereof (Part D); to amend the education law, in relation to adjusted
gross income qualification for the excelsior scholarship (Part E); to
amend the education law, in relation to adjusted gross income caps for
enhanced tuition awards (Part F); to amend the business corporation
law, the partnership law and the limited liability company law, in
relation to certified public accountants (Part G); to utilize reserves
in the mortgage insurance fund for various housing purposes (Part H);
to amend the emergency tenant protection act of nineteen seventy-four,
in relation to authorizing a payment offset for rent administration
costs (Part I); to amend the labor law, in relation to guaranteeing
sick leave (Part J); 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 K); to amend the family court
act, in relation to judgments of parentage of children conceived
through assisted reproduction or pursuant to surrogacy agreements; to
amend the domestic relations law, in relation to restricting genetic
surrogate parenting contracts; to amend the public health law, in
relation to voluntary acknowledgments of parentage, gestational surro-
gacy and regulations concerning ova donation; to amend the general
business law, the estates, powers and trusts law, and the social
services law, in relation to the regulation of surrogacy programs; and
S. 7506--A 3 A. 9506--A
to repeal section 73 of the domestic relations law, relating to legit-
imacy of children born by artificial insemination (Part L); to amend
the social services law and the family court act, in relation to
compliance with the Federal Family First Prevention Services Act (Part
M); to amend the social services law, in relation to restructuring
financing for residential school placements (Part N); to amend the
executive law, in relation to New York state veterans cemeteries (Part
O); and to amend the education law, in relation to establishing the
curing Alzheimer's health consortium (Part P);
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Enacts into law major components of legislation necessary
to implement the state education, labor, housing and family assistance
budget for the 2020-2021 state fiscal year. Each component is wholly
contained within a Part identified as Parts A through P. The effective
date for each particular provision contained within such Part is set
forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three
of this act sets forth the general effective date of this act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part YYY of chapter 59 of the laws
of 2019, 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
S. 7506--A 4 A. 9506--A
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
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-
S. 7506--A 5 A. 9506--A
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; AND
PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD
STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE 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 NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR. For purposes of this paragraph, the "gap elimination adjustment
percentage" shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for two
thousand ten--two thousand eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten, making appropriations for the
support of government, plus the school district's gap elimination
adjustment for two thousand eleven--two thousand twelve as computed
pursuant to chapter fifty-three of the laws of two thousand eleven,
making appropriations for the support of the local assistance budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance 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 allow-
able programs and activities in the current year.
§ 2. Section 701 of the education law, as amended by chapter 587 of
the laws of 1973, subdivision 2 as amended by section 1 of part A1 of
chapter 58 of the laws of 2011, subdivision 3 as amended by chapter 391
of the laws of 1989, subdivision 4 as amended by chapter 82 of the laws
of 1995, subdivision 6 as amended by section 6 of part B of chapter 57
of the laws of 2007, subdivision 7 as amended by section 2 of part A of
chapter 436 of the laws of 1997, and subdivision 8 as added by chapter
635 of the laws of 1984, is amended to read as follows:
§ 701. Power to designate text-books; purchase and loan of text-books;
purchase of supplies. 1. In the several cities and school districts of
the state, boards of education, trustees or such body or officer as
perform the functions of such boards, shall designate text-books to be
used in the schools under their charge.
2. A text-book, for the purposes of this section shall mean: (i) any
book, or a book substitute, which shall include hard covered or paper-
back books, work books, or manuals and (ii) for expenses incurred after
July first, nineteen hundred ninety-nine, any courseware or other
content-based instructional materials in an electronic format, as such
terms are defined in the regulations of the commissioner, which a pupil
is required to use as a text, or a text-substitute, in a particular
S. 7506--A 6 A. 9506--A
class or program in the school he or she legally attends. For expenses
incurred on or after July first, two thousand eleven, AND BEFORE JULY
FIRST, TWO THOUSAND NINETEEN, a text-book shall also mean items of
expenditure that are eligible for an apportionment pursuant to sections
seven hundred eleven, seven hundred fifty-one and/or seven hundred
fifty-three of this title, where such items are designated by the school
district as eligible for aid pursuant to this section, provided, howev-
er, that if aided pursuant to this section, such expenses shall not be
aidable pursuant to any other section of law. Expenditures aided pursu-
ant to this section shall not be eligible for aid pursuant to any other
section of law. Courseware or other content-based instructional materi-
als in an electronic format included in the definition of textbook
pursuant to this subdivision shall be subject to the same limitations on
content as apply to books or book substitutes aided pursuant to this
section.
3. In the several cities and school districts of the state, boards of
education, trustees or such body or officers as perform the function of
such boards shall have the power and duty to purchase and to loan upon
individual request, textbooks, to all children residing in such district
who are enrolled in a public school including children attending the
public schools of the district for whom the district is eligible to
receive reimbursement pursuant to paragraph a of subdivision eight of
section thirty-two hundred two of this chapter, provided, however, that
such children shall not be counted by any other school district, and to
all children residing in such district who are enrolled in a nonpublic
school. Textbooks loaned to children enrolled in said nonpublic schools
shall be textbooks which are designated for use in any public schools of
the state or are approved by any boards of education, trustees or other
school authorities. Such textbooks are to be loaned free to such chil-
dren subject to such rules and regulations as are or may be prescribed
by the board of regents and such boards of education, trustees or other
school authorities. Enrollment shall be as defined in subdivision one of
section thirty-six hundred two of this chapter.
4. No school district shall be required to purchase or otherwise
acquire textbooks, the cost of which shall exceed an amount equal to the
[apportionment] TEXTBOOK FACTOR pursuant to subdivision six of this
section plus a minimum lottery grant determined pursuant to subdivision
four of section ninety-two-c of the state finance law multiplied by [the
number of children residing in such district and so enrolled in the base
year] THE SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH TWELVE
IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX
OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER; and no school district shall be required to loan textbooks
in excess of the textbooks owned or acquired by such district; provided,
however that all textbooks owned or acquired by such district shall be
loaned to children residing in the district and so enrolled in public
and nonpublic schools on an equitable basis.
5. In the several cities and school districts of the state, boards of
education, trustees or other school authorities may purchase supplies
and either rent, sell or loan the same to the pupils attending the
public schools in such cities and school districts upon such terms and
under such rules and regulations as may be prescribed by such boards of
education, trustees or other school authorities.
6. The commissioner, in addition to the annual apportionment of public
monies pursuant to other articles of this chapter, IN THE TWO THOUSAND
NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR shall apportion to
S. 7506--A 7 A. 9506--A
each school district an amount equal to the cost of the textbooks
purchased and loaned by the district pursuant to this section in the
base year, but in no case shall the aid apportioned to the district
exceed the product of the textbook factor plus a minimum lottery grant,
determined pursuant to subdivision four of section ninety-two-c of the
state finance law, and the sum of the enrollments in grades kindergarten
through twelve in the base year calculated pursuant to subparagraphs
four, five, and six of paragraph n of subdivision one of section thir-
ty-six hundred two of this chapter. Aid payable pursuant to this section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
For aid payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR, the textbook factor shall equal forty-three dollars
and twenty-five cents. FOR PURPOSES OF DETERMINING LOANS PURSUANT TO
SUBDIVISIONS THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND TWENTY-
-TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE TEXTBOOK FACTOR
SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS.
7. The apportionment provided for in this section shall be paid, at
such times as may be determined by the commissioner and approved by the
director of the budget, during the school year in which the expenditures
are reported to the department prior to such apportionment. Expenditures
by a school district in excess of the product of the textbook factor
plus a minimum lottery grant determined pursuant to subdivision four of
section ninety-two-c of the state finance law and the sum of the enroll-
ments in grades kindergarten through twelve in the base year calculated
pursuant to subparagraphs four, five, and six of paragraph n of subdivi-
sion one of section thirty-six hundred two of this chapter in any school
year shall be deemed approved operating expense of the district for the
purpose of computation of state aid pursuant to section thirty-six
hundred two of this chapter, but expenditures up to such product shall
not be deemed approved operating expenses for such purpose.
8. In its discretion, a board of education may adopt regulations spec-
ifying the date by which requests for the purchase and loan of textbooks
must be received by the district. Notice of such date shall be given to
all non-public schools. Such date shall not be earlier than the first
day of June of the school year prior to that for which such textbooks
are being requested, provided, however, that a parent or guardian of a
child not attending a particular non-public school prior to June first
of the school year may submit a written request for textbooks within
thirty days after such child is enrolled in such non-public school. In
no event however shall a request made later than the times otherwise
provided pursuant to this subdivision be denied where a reasonable
explanation is given for the delay in making the request.
§ 3. Subdivision 4 of section 711 of the education law, as amended by
section 4 of part C of chapter 58 of the laws of 1998, is amended to
read as follows:
4. Commencing July first, nineteen hundred ninety eight THROUGH JUNE
THIRTIETH, TWO THOUSAND TWENTY, the commissioner, in addition to the
annual apportionment of public monies pursuant to other articles of this
chapter, shall apportion to each school district an amount equal to the
cost of the school library materials purchased by the district pursuant
to this section in the base year, but in no case shall the aid appor-
tioned to the district exceed the product of the library materials
factor and the sum of public school district enrollment, nonpublic
school enrollment, and additional public enrollment as defined in
S. 7506--A 8 A. 9506--A
subparagraphs two, three, and six of paragraph n of subdivision one of
section thirty-six hundred two of this chapter. Aid payable pursuant to
this section shall be deemed final and not subject to change after April
thirtieth of the school year for which payment was due.
§ 4. Subdivision 2 of section 712 of the education law, as added by
chapter 53 of the laws of 1985, is amended to read as follows:
2. No school district shall be required to loan school library materi-
als in excess of the school library materials owned [or], acquired, OR
DESIGNATED by such district pursuant to section seven hundred eleven of
this article PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE
PRODUCT OF THE LIBRARY MATERIALS FACTOR AND THE SUM OF PUBLIC SCHOOL
DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC
ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N
OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
Such school library materials shall be loaned on an equitable basis to
children defined in subdivision three of section seven hundred eleven of
this article attending in the current year. The payment of tuition under
article eighty-nine of this chapter is deemed to be an equitable loan to
children for whom such tuition is paid.
§ 5. Subdivision 4 of section 751 of the education law, as amended by
section 3 of part H of chapter 83 of the laws of 2002, is amended to
read as follows:
4. The commissioner, in addition to the annual apportionment of public
monies pursuant to other articles of this chapter, IN THE TWO THOUSAND
NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR shall apportion to
each school district an amount equal to the cost of the software
programs purchased by the district pursuant to this section in the base
year, but in no case shall the aid apportioned to the district exceed
the product of the software factor and the sum of public school district
enrollment, nonpublic school enrollment, and additional public enroll-
ment as defined in subparagraphs two, three, and six of paragraph n of
subdivision one of section thirty-six hundred two of this chapter.
For aid payable in the nineteen hundred ninety-seven--ninety-eight and
nineteen hundred ninety-eight--ninety-nine school years, the software
factor shall equal four dollars and fifty-eight cents. For aid payable
in the nineteen hundred ninety-nine--two thousand school year, the soft-
ware factor shall equal seven dollars and fifty-five cents. For aid
payable in the two thousand--two thousand one school year, the software
factor shall equal fourteen dollars and ninety-eight cents. For aid
payable in the two thousand one--two thousand two school year, the soft-
ware factor shall equal twenty-three dollars and ninety cents. For aid
payable in the two thousand two--two thousand three school year and
thereafter, the software factor shall equal fourteen dollars and nine-
ty-eight cents. The apportionment provided for in this section shall be
paid at such times as may be determined by the commissioner and approved
by the director of the budget. Aid payable pursuant to this section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
§ 6. Subdivision 2 of section 752 of the education law, as amended by
chapter 257 of the laws of 1984, is amended to read as follows:
2. No school district shall be required to loan software programs in
excess of the software programs owned [or], acquired, OR DESIGNATED by
such district pursuant to section seven hundred fifty-one of this arti-
cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF
THE SOFTWARE FACTOR AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT,
NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED
S. 7506--A 9 A. 9506--A
IN SUBPARAGRAPHS TWO, THREE, AND SIX OF PARAGRAPH N OF SUBDIVISION ONE
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. Such software
programs shall be loaned on an equitable basis to children defined in
subdivision three of section seven hundred fifty-one of this article
attending in the current year. The payment of tuition under article
eighty-nine of this chapter is deemed to be an equitable loan to chil-
dren for whom such tuition is paid.
§ 7. Section 753 of the education law, as added by section 7-a of part
B of chapter 57 of the laws of 2007, subdivision 1 as amended by section
4 of part A1 of chapter 58 of the laws of 2011, is amended to read as
follows:
§ 753. Instructional computer hardware and technology equipment appor-
tionment. 1. In addition to any other apportionment under this chapter,
a school district shall be eligible for an apportionment under the
provisions of this section IN THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR AND PRIOR for approved expenses for (i) the purchase
or lease of micro and/or mini computer equipment or terminals for
instructional purposes or (ii) technology equipment, as defined in para-
graph c of subdivision two of this section, used for instructional
purposes, or (iii) for the repair of such equipment and training and
staff development for instructional purposes as provided hereinafter, or
(iv) for expenses incurred on or after July first, two thousand eleven
AND BEFORE JULY FIRST, TWO THOUSAND NINETEEN, any items of expenditure
that are eligible for an apportionment pursuant to sections seven
hundred one, seven hundred eleven and/or seven hundred fifty-one of this
title, where such items are designated by the school district as eligi-
ble for aid pursuant to this section, provided, however, that if aided
pursuant to this section, such expenses shall not be aidable pursuant to
any other section of law. Such aid shall be provided pursuant to a plan
developed by the district which demonstrates to the satisfaction of the
commissioner that the instructional computer hardware needs of the
district's public school students have been adequately met and that the
school district has provided for the loan of instructional computer
hardware to students legally attending nonpublic schools pursuant to
section seven hundred fifty-four of this article. The apportionment
shall equal the lesser of such approved expense in the base year or, the
product of (i) the technology factor, (ii) the sum of the public school
district enrollment and the nonpublic school enrollment in the base year
as defined in subparagraphs two and three of paragraph n of subdivision
one of section thirty-six hundred two of this chapter, and (iii) the
building aid ratio, as defined in subdivision four of section thirty-six
hundred two of this chapter. For aid payable in the two thousand seven-
-two thousand eight school year and thereafter, the technology factor
shall be twenty-four dollars and twenty cents. A school district may use
up to twenty percent of the product of (i) the technology factor, (ii)
the sum of the public school district enrollment and the nonpublic
school enrollment in the base year as defined in subparagraphs two and
three of paragraph n of subdivision one of section thirty-six hundred
two of this chapter, and (iii) the building aid ratio for the repair of
instructional computer hardware and technology equipment and training
and staff development for instructional purposes pursuant to a plan
submitted to the commissioner.
2. As used in this article:
a. "Current year" shall have the same meaning as that term is defined
in subdivision one of section thirty-six hundred two of this chapter;
S. 7506--A 10 A. 9506--A
b. "Base year" shall have the same meaning as that term is defined in
subdivision one of section thirty-six hundred two of this article; and
c. "Technology equipment", for the purposes of this article, shall
mean equipment with a useful life used in conjunction with or in support
of educational programs including but not limited to video, solar ener-
gy, robotic, satellite, laser and such other equipment as the commis-
sioner shall approve provided that expenses for the purchase or lease of
such equipment shall not be eligible for aid under any other provisions
of this chapter.
3. No school district shall be required to purchase or otherwise
acquire instructional computer hardware or technology equipment, the
cost of which exceeds, FOR THE TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY
SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant to this
section, AND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR AND THEREAFTER, THE PRODUCT OF (I) THE TECHNOLOGY FACTOR, (II) THE
SUM OF THE PUBLIC SCHOOL DISTRICT ENROLLMENT AND THE NONPUBLIC SCHOOL
ENROLLMENT IN THE BASE YEAR AS DEFINED IN SUBPARAGRAPHS TWO AND THREE OF
PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER, AND (III) THE BUILDING AID RATIO.
4. The apportionment provided for in this section shall be paid at
such times as may be determined by the commissioner and approved by the
director of the budget, during the school year in which the expenditures
are reported to the department prior to such apportionment, but not
earlier than the school year after the school year in which expenses are
incurred.
5. Expenses aided pursuant to this section shall not be eligible for
aid pursuant to any other provision of this chapter.
§ 8. Paragraphs a, f, g and h of subdivision 5 of section 1950 of the
education law, paragraph a as amended by section 4 and paragraph g as
amended by section 5 of part C of chapter 57 of the laws of 2004, para-
graph f as amended by chapter 53 of the laws of 1981, and paragraph h as
added by section 1 of part L of chapter 57 of the laws of 2005, are
amended to read as follows:
a. Upon application by a board of cooperative educational services, IN
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR,
there shall be apportioned and paid from state funds to each board of
cooperative educational services an amount which shall be the product of
the approved cost of services actually incurred during the base year
multiplied by the sharing ratio for cooperative educational services aid
which shall equal the greater of: (i) an amount equal to one minus the
quotient expressed as a decimal to three places without rounding of
eight mills divided by the tax rate of the local district computed upon
the actual valuation of taxable property, as determined pursuant to
subdivision one of section thirty-six hundred two of this chapter and
notwithstanding section three thousand six hundred three, expressed in
mills to the nearest tenth as determined by the commissioner, provided,
however, that where services are provided to a school district which is
included within a central high school district or to a central high
school district, such amount shall equal one minus the quotient
expressed as a decimal to three places without rounding of three mills
divided by the tax rates, expressed in mills to the nearest tenth, of
such districts, as determined by the commissioner or (ii) the aid ratio
of each school district for the current year, which shall be such compo-
nent school district's board of cooperative educational services aid
ratio and which shall be not less than thirty-six percent converted to
decimals and shall be not more than ninety percent converted to deci-
S. 7506--A 11 A. 9506--A
mals. For the purposes of this paragraph, the tax rate of the local
district computed upon the actual valuation of taxable property shall be
the sum of the amount of tax raised by the school district plus any
payments in lieu of taxes received by the school district pursuant to
section four hundred eighty-five of the real property tax law, divided
by the actual valuation of the school district, provided, however that
the tax rate for a central high school district shall be the sum of the
amount of tax raised by the common and union free school districts
included within the central high school district for the support of the
central high school district plus any payments in lieu of taxes received
for the support of the central high school district pursuant to section
four hundred eighty-five of the real property tax law, divided by the
actual valuation of the central high school district. The tax rate for
each common or union free school district which is included within a
central high school district shall be the sum of the amount raised for
the support of such common or union free school district plus any
payments in lieu of taxes received for the support of the school
district pursuant to section four hundred eighty-five of the real prop-
erty tax law, exclusive of the amount raised for the central high school
district, divided by the actual valuation of such common or union free
school district.
f. The sum of the amounts determined for each component school
district as the apportionment to the board of cooperative educational
services pursuant to the provisions of this section shall not be less
than the amount which would have been apportioned during the nineteen
hundred sixty-seven--sixty-eight school year under the provisions of
this subdivision as in effect on December thirty-first, nineteen hundred
sixty-six to the board of cooperative educational services of which the
district was a component member for which such apportionment was made,
except that such minimum apportionment shall be reduced in any year in
which the expenditures of the component district for board of cooper-
ative educational purposes fall below the expenditure on which the nine-
teen hundred sixty-seven--sixty-eight apportionment to the board of
cooperative educational services was based, such reduction to be made on
a proportionate basis, PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NO
LONGER APPLY COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR.
g. Any payment required by a board of cooperative educational services
to the dormitory authority or any payment required by a board of cooper-
ative educational services to acquire or construct a school facility of
the board of cooperative educational services, and any payments for
rental of facilities by a board of cooperative educational services
shall, for the purposes of apportionment of public moneys to the board
of cooperative educational services by the state of New York, be deemed
to be an administrative or capital expense, as designated by the commis-
sioner, but the entire amount of such payment shall be utilized in
making such apportionment and the limitation of ten percent of the total
expenses contained in this subdivision shall not be applicable. Any
expense designated by the commissioner as a capital expense shall be
included in the capital budget of the board of cooperative educational
services and, except as otherwise provided in this paragraph, shall be
aided in the same manner as an administrative expense, PROVIDED, HOWEV-
ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. Any such payment shall not
be considered part of the total expenses of the board for purposes of
determining the administrative and clerical expenses not to exceed ten
S. 7506--A 12 A. 9506--A
percent otherwise eligible for aid under this subdivision, and such
payments shall be considered for the purpose of apportionment during the
current school year such payment is made. The apportionment for such
payments shall be determined by multiplying the amount of such payment
allocated to each component school district in the board of cooperative
educational services by the aid ratio, and shall be not more than ninety
percent converted to decimals, of each such component computed pursuant
to subdivision three of section thirty-six hundred two and used to
apportion aid to that district in that current school year; provided,
however, the apportionment for the construction, acquisition, recon-
struction, rehabilitation, or improvement of board of cooperative educa-
tional services facilities, including payments to the dormitory authori-
ty and payments under any lease agreement, shall be based upon the cost
of the board of cooperative educational services school facilities but
not to exceed the cost allowance set forth in subdivision six of section
thirty-six hundred two of the education law and payments for rental
facilities shall be subject to the approval of the commissioner.
h. Each board of cooperative educational services receiving a payment
pursuant to paragraph a of this subdivision and section thirty-six
hundred nine-d of this chapter, IN THE TWO THOUSAND NINETEEN--TWO THOU-
SAND TWENTY SCHOOL YEAR AND PRIOR, shall be required to set aside from
such payment an amount not less than the amount of state aid received
pursuant to paragraph a of this subdivision in the base year that was
attributable to cooperative services agreements (CO-SERs) for career
education, as determined by the commissioner, and shall be required to
use such amount to support career education programs in the current
year.
§ 9. Subparagraph (ii) of paragraph j of subdivision 1 of section 3602
of the education law, as amended by section 11 of part B of chapter 57
of the laws of 2007, is amended and a new paragraph (iii) is added to
read as follows:
(ii) For aid payable in the two thousand eight--two thousand nine
school year THROUGH TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR, AND IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
YEAR and thereafter, the total foundation aid base shall equal the total
amount a district was eligible to receive in the base year pursuant to
subdivision four of this section.
(III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR, THE TOTAL FOUNDATION AID BASE SHALL EQUAL THE SUM OF
(1) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE
YEAR PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, PLUS
(2) THE TOTAL AMOUNTS SET FORTH FOR SUCH SCHOOL DISTRICT AS "2019-20
CLAIMED BOCES AID", "2019-20 ACADEMIC IMPRVMT AID", "2019-20 CAREER
EDUCATION AID", "2019-20 COMPUTER ADMIN AID", "2019-20 HARDWARE & TECH-
NOL AID", "2019-20 SOFTWARE AID", "2019-20 LIBRARY MATERIALS AID",
"2019-20 TEXTBOOK AID", "2019-20 CHRTR SCH TRANSTNL AID", "ACADEMIC
ENHANCEMENT", "HIGH TAX AID", AND "SUPP PUB EXCESS COST", IN THE DATA
FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR
AND ENTITLED "BT202-1".
§ 10. Paragraph e of subdivision 4 of section 3602 of the education
law, as amended by section 4 of part YYY of chapter 59 of the laws of
2019, 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
S. 7506--A 13 A. 9506--A
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", (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 thousand nine-
teen 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 budg-
et for the two thousand nineteen--two thousand twenty school year and
entitled "BT192-0", AND (V) THE AMOUNT, IF ANY, SET FORTH FOR SUCH
DISTRICT AS "20-21 COMMUNITY SCHOOLS INCR" IN THE DATA FILE PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND ENTITLED "BT202-1".
Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount
to support the transformation of school buildings into community hubs to
deliver co-located or school-linked academic, health, mental health,
nutrition, counseling, legal and/or other services to students and their
families, including but not limited to providing a community school site
coordinator, or to support other costs incurred to maximize students'
academic achievement. Each school district shall use such "COMMUNITY
SCHL INCR" amount to support the transformation of school buildings into
community hubs to deliver co-located or school linked academic, health,
mental health 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, 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 transformation at schools with extraordinary high levels
of student need as identified 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 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, or to support other costs incurred to
maximize students' academic achievement. Each school district shall use
such "19-20 COMMUNITY 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, trauma informed
support, 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 "20-21 COMMUNITY SCHOOLS INCR" TO SUPPORT
S. 7506--A 14 A. 9506--A
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,
TRAUMA INFORMED SUPPORT, 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.
§ 11. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
H. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE SCHOOL YEAR SHALL EQUAL THE SUM OF (1) ADJUSTED FOUNDA-
TION AID AS DEFINED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH PLUS (2) THE
GREATER OF TIERS A THROUGH E PLUS (3) THE COMMUNITY SCHOOLS SETASIDE
INCREASE.
FOR THE PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID REMAINING" SHALL
MEAN THE POSITIVE DIFFERENCE, IF ANY, OF (1) TOTAL FOUNDATION AID
COMPUTED PURSUANT TO THIS SUBDIVISION LESS (2) THE TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J OF SUBDIVI-
SION ONE OF THIS SECTION.
FOR THE PURPOSES OF THIS PARAGRAPH:
(I) "TIER A" SHALL EQUAL THE PRODUCT OF THE FOUNDATION AID REMAINING
MULTIPLIED BY (A) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF ONE MILLION OR MORE, TWENTY-SIX THOUSAND THREE HUNDRED SIXTY-SEVEN
ONE HUNDRED-THOUSANDTHS (0.26367), (B) FOR CITY SCHOOL DISTRICTS IN
CITIES WITH POPULATIONS GREATER THAN ONE HUNDRED AND TWENTY-FIVE THOU-
SAND BUT LESS THAN ONE MILLION, EIGHTEEN ONE-HUNDREDTHS (0.18), AND (C)
FOR ALL OTHER DISTRICTS, FOUR ONE-HUNDREDTHS (0.04).
(II) "TIER B" SHALL EQUAL THE PRODUCT OF THE FOUNDATION AID REMAINING
MULTIPLIED BY THE TIER B PHASE-IN FACTOR, WHERE THE "TIER B PHASE-IN
FACTOR" SHALL EQUAL THE PRODUCT OF NINE ONE-HUNDREDTHS (0.09) MULTIPLIED
BY THE TIER B SCALED FACTOR, AND WHERE THE "TIER B SCALED FACTOR" SHALL
EQUAL THE DIFFERENCE OF ONE LESS THE SQUARED PRODUCT OF THE PUPIL WEALTH
RATIO COMPUTED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS
SECTION MULTIPLIED BY SIXTY-FOUR ONE-HUNDREDTHS (0.64), PROVIDED THAT
SUCH DIFFERENCE SHALL BE NO GREATER THAN NINE TENTHS (0.9) NOR LESS THAN
ZERO.
(III) "TIER C" SHALL EQUAL, FOR SCHOOL DISTRICTS WITH A MODIFIED FREE-
AND REDUCED-PRICE LUNCH INDEX OF ONE AND ONE-HALF (1.5) OR GREATER, THE
PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR MULTI-
PLIED BY THE TIER C PER PUPIL AMOUNT, WHERE "TIER C PER PUPIL AMOUNT"
SHALL EQUAL THE PRODUCT OF (A) ONE HUNDRED FORTY-EIGHT DOLLARS AND EIGH-
TEEN CENTS ($148.18) MULTIPLIED BY (B) THE REGIONAL COST INDEX COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH A OF THIS SUBDIVISION FOR SUCH
SCHOOL DISTRICT MULTIPLIED BY (C) THE MODIFIED FREE AND REDUCED-PRICE
LUNCH INDEX MULTIPLIED BY (D) THE DIFFERENCE OF TWO LESS THE PRODUCT OF
ONE AND ONE-HALF (1.5) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL
FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT SUCH DIFFERENCE SHALL
BE NO GREATER THAN NINE TENTHS (0.9) NOR LESS THAN ZERO, AND WHERE THE
"MODIFIED FREE AND REDUCED-PRICE LUNCH INDEX" SHALL EQUAL THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE THREE YEAR AVERAGE FREE AND REDUCED-PRICE
LUNCH PERCENT FOR THE CURRENT YEAR COMPUTED PURSUANT TO PARAGRAPH P OF
SUBDIVISION ONE OF THIS SECTION OF THE SCHOOL DISTRICT BY THE STATEWIDE
S. 7506--A 15 A. 9506--A
AVERAGE OF SUCH PERCENT EXCLUDING ANY CITY SCHOOL DISTRICT IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
(IV) "TIER D" SHALL EQUAL THE PRODUCT OF THE EXTRAORDINARY NEEDS COUNT
COMPUTED PURSUANT TO PARAGRAPH S OF SUBDIVISION ONE OF THIS SECTION
MULTIPLIED BY THE TIER D PER PUPIL AMOUNT, WHERE "TIER D PER PUPIL
AMOUNT" SHALL EQUAL THE PRODUCT OF (A) TWO HUNDRED FIVE DOLLARS ($205)
MULTIPLIED BY (B) THE SUM OF ONE PLUS THE SPARSITY FACTOR COMPUTED
PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY
(C) THE EXTRAORDINARY NEEDS INDEX MULTIPLIED BY (D) THE TIER D SCALED
FACTOR, WHERE THE "EXTRAORDINARY NEEDS INDEX" SHALL EQUAL THE QUOTIENT
OF THE EXTRAORDINARY NEEDS PERCENT FOR THE DISTRICT COMPUTED PURSUANT TO
PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION DIVIDED BY THE STATEWIDE
AVERAGE OF SUCH PERCENT, AND WHERE THE "TIER D SCALED FACTOR" SHALL
EQUAL THE DIFFERENCE OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) LESS
THE SQUARED PRODUCT OF THE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARA-
GRAPH A OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY ONE AND TWEN-
TY-FOUR ONE-HUNDREDTHS (1.24), PROVIDED THAT SUCH TIER D SCALED FACTOR
SHALL NOT BE LESS THAN ZERO NOR MORE THAN ONE.
(V) "TIER E" SHALL EQUAL THE GREATER OF THE DUE MINIMUM OR THE DIFFER-
ENCE OF THE DUE MINIMUM LESS THE HOLD HARMLESS, WHERE "DUE MINIMUM"
SHALL EQUAL THE PRODUCT OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO SUBPARAGRAPH (III) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS
SECTION MULTIPLIED BY TWENTY-FIVE TEN-THOUSANDTHS (0.0025), AND WHERE
THE "HOLD HARMLESS" SHALL EQUAL ADJUSTED FOUNDATION AID LESS THE TOTAL
FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
J OF SUBDIVISION ONE OF THIS SECTION.
(VI) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
"ADJUSTED FOUNDATION AID" SHALL EQUAL THE SUM OF THE TOTAL AMOUNTS SET
FORTH FOR SUCH SCHOOL DISTRICT AS "FOUNDATION AID PER-ADJ", "2020-21
EST. BOCES AID", "2020-21 COMPUTER ADMIN AID", "2020-21 CAREER EDUCATION
AID", "2020-21 ACADEMIC IMPROVMT AID", "2020-21 HARDWARE & TECHNOL AID",
"2020-21 SOFTWARE AID", "2020-21 LIBRARY MATERIALS AID", "2020-21 TEXT-
BOOK AID", "2020-21 TRANSITIONAL AID FOR CHARTER SCHOOL PAYMENTS",
"ACADEMIC ENHANCEMENT", "HIGH TAX AID", AND "SUPP PUB EXCESS COST" IN
THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE
BUDGET REQUEST FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR AND ENTITLED "BT202-1".
(VII) "COMMUNITY SCHOOLS SETASIDE INCREASE" SHALL EQUAL THE SUM OF THE
COMMUNITY SCHOOLS TIER 1 INCREASE AND THE COMMUNITY SCHOOLS TIER 2
INCREASE, WHERE (A) THE COMMUNITY SCHOOLS TIER 1 INCREASE SHALL EQUAL,
FOR ELIGIBLE SCHOOL DISTRICTS, THE GREATER OF THIRTY THOUSAND DOLLARS
($30,000) OR THE PRODUCT OF (1) SIXTY-SIX DOLLARS AND FIVE CENTS
($66.05) MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION
MULTIPLIED BY (3) THE COMMUNITY SCHOOLS SETASIDE RATIO AND (B) THE
COMMUNITY SCHOOLS TIER 2 INCREASE SHALL EQUAL, FOR ELIGIBLE SCHOOL
DISTRICTS, THE GREATER OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) OR THE
PRODUCT OF (1) FORTY-THREE DOLLARS AND NINETY-FOUR CENTS ($43.94) MULTI-
PLIED BY (2) THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (3) THE
COMMUNITY SCHOOLS SETASIDE RATIO. PROVIDED FURTHER, THE "COMMUNITY
SCHOOLS SETASIDE RATIO" SHALL EQUAL THE DIFFERENCE OF ONE LESS THE PROD-
UCT OF THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS
SECTION MULTIPLIED BY SIXTY-FOUR ONE-HUNDREDTHS (0.64), PROVIDED THAT
S. 7506--A 16 A. 9506--A
SUCH DIFFERENCE SHALL NOT BE GREATER THAN NINE TENTHS (0.9) NOR LESS
THAN ZERO.
FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
TY SCHOOLS TIER 1 INCREASE SHALL BE (A) THOSE DISTRICTS THAT CONTAIN AT
LEAST ONE SCHOOL IDENTIFIED AS A COMPREHENSIVE SUPPORT & IMPROVEMENT
(CSI) SCHOOL IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL
YEAR, OR (B) DISTRICTS WHERE (1) THE DIFFERENCE OF THE QUOTIENT OF THE
ENGLISH LANGUAGE LEARNER COUNT COMPUTED PURSUANT TO PARAGRAPH O OF
SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR DIVIDED BY PUBLIC
SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR LESS SUCH QUOTIENT FOR THE
SCHOOL YEAR FIVE YEARS PRIOR TO THE BASE YEAR IS GREATER THAN OR EQUAL
TO THE STATEWIDE AVERAGE OF THE DIFFERENCE OF SUCH QUOTIENTS, AND (2)
WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER
COUNT FOR THE BASE YEAR BY PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
BASE YEAR IS GREATER THAN OR EQUAL TO THE STATEWIDE AVERAGE OF SUCH
QUOTIENT, AND (3) WHERE THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
THREE OF THIS SECTION IS LESS THAN OR EQUAL TO ONE (1.0).
FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
TY SCHOOLS TIER 2 INCREASE SHALL BE THOSE THAT DID NOT RECEIVE FUNDS
UNDER THE COMMUNITY SCHOOLS SETASIDE FOR THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, ARE NOT ELIGIBLE FOR THE COMMUNITY SCHOOLS
TIER 1 INCREASE, AND HAVE A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
THREE OF THIS SECTION LESS THAN OR EQUAL TO EIGHTY-FOUR ONE-HUNDREDTHS
(0.84).
§ 12. Paragraph a of subdivision 10 of section 3602 of the education
law, as amended by section 32 of part H of chapter 83 of the laws of
2002 and such subdivision as renumbered by section 16 of part B of chap-
ter 57 of the laws of 2007, is amended to read as follows:
a. [The] IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
AND PRIOR, THE city school districts of those cities having populations
in excess of one hundred twenty-five thousand and any other school
district which was not a component of a board of cooperative educational
services in the base year shall be entitled to an apportionment under
the provisions of this section.
§ 13. The opening paragraph of subdivision 41 of section 3602 of the
education law, as amended by section 20 of part B of chapter 57 of the
laws of 2008, is amended to read as follows:
In addition to any other apportionment under this section, for the two
thousand seven--two thousand eight school year [and thereafter] THROUGH
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, a school
district other than a city school district in a city having a population
of one million or more shall be eligible for an apportionment in an
amount equal to the sum of
§ 14. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph c-1 to read as follows:
C-1. FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT"
SHALL MEAN THE TOTAL AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
"2020-21 EST. BOCES AID" IN THE DATA FILE PRODUCED BY THE COMMISSIONER
IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-
-TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND ENTITLED "BT202-1". NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, OF THE TOTAL
APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE BOCES
S. 7506--A 17 A. 9506--A
PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-SIX HUNDRED
NINE-D OF THIS CHAPTER.
§ 15. 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, FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND TWENTY--TWO
THOUSAND TWENTY-ONE SCHOOL YEAR, apportionments payable pursuant to
section nineteen hundred fifty 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] THROUGH TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, "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 educa-
tional 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 calculation 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 apportionment calculated by the commissioner based on
data on file at the time the payment is processed. NOTWITHSTANDING THE
PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, FOR THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER,
APPORTIONMENTS PAYABLE PURSUANT TO PARAGRAPH C-1 OF SUBDIVISION FOUR OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SHALL BE PAID PURSUANT TO
THIS SECTION. 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.
§ 16. 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 the product of the applicable cost allowance estab-
lished pursuant to subparagraph one of this paragraph and twenty per
centum for school buildings or additions housing grades prekindergarten
through six and by not more than the product of such cost allowance and
twenty-five per centum for school buildings or additions housing grades
seven through twelve and by not more than the product of such cost
allowance and twenty-five per centum for school buildings or additions
housing special education programs as approved by the commissioner,
PROVIDED THAT COMMENCING WITH PROJECTS APPROVED ON OR AFTER JULY FIRST,
TWO THOUSAND TWENTY 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
S. 7506--A 18 A. 9506--A
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, THE AMOUNT OF THE COST ALLOWANCE THAT IS INCREASED BY THIS SUBPAR-
AGRAPH MAY NOT BE USED FOR SPACE THAT THE COMMISSIONER DEEMS AS NOT
CRITICAL TO THE INSTRUCTIONAL PROGRAM, THE PROTECTION OF HEALTH AND
SAFETY, OR OTHER APPROPRIATE USE OF THE FACILITIES, AS DEFINED IN REGU-
LATIONS OF THE COMMISSIONER, INCLUDING BUT NOT LIMITED TO ATHLETIC
FACILITIES THAT EXCEED THE REQUIREMENTS NECESSARY FOR THE PHYSICAL
EDUCATION PROGRAM.
§ 17. 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 TWENTY 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]; AND (B) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST,
TWO THOUSAND TWENTY 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 THE POSITIVE REMAINDER RESULTING WHEN THE DISTRICT'S CURRENT YEAR
BUILDING AID RATIO PURSUANT TO CLAUSE (D) OF SUBPARAGRAPH TWO OF PARA-
GRAPH C OF THIS SUBDIVISION IS SUBTRACTED FROM THE ENHANCED BUILDING AID
RATIO. FOR PURPOSES OF THIS CLAUSE, THE enhanced building aid ratio
shall equal (A) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND
TWENTY 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, 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
decimals 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 thou-
sand 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
building project or school district, nor less than one-tenth; AND (B)
FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY 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 SUM OF THE BUILDING
AID RATIO FOR THE CURRENT YEAR PURSUANT TO CLAUSE (D) OF SUBPARAGRAPH
TWO OF PARAGRAPH C OF THIS SUBDIVISION AND SCALED INCENTIVE DECIMAL,
S. 7506--A 19 A. 9506--A
COMPUTED TO THREE DECIMALS WITHOUT ROUNDING, BUT NOT MORE THAN, (A)
NINETY-EIGHT HUNDREDTHS 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, ON OR AFTER JULY FIRST,
TWO THOUSAND FIVE, OR (B) NINETY-FIVE HUNDREDTHS FOR ANY OTHER SCHOOL
BUILDING PROJECT OR SCHOOL DISTRICT. FOR PURPOSES OF THIS CLAUSE, 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 COMMISSION-
ER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO
THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL BUILD-
ING 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) THE PRODUCT OF
ONE-TENTH MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION FOR ALL OTHER SCHOOL
DISTRICTS.
§ 18. Clauses (b) and (c) of subparagraph 2 of paragraph c of subdivi-
sion 6 of section 3602 of the education law, clause (b) as amended by
section 15 of part B of chapter 57 of the laws of 2008, and clause (c)
as added by section 12-b of part L of chapter 57 of the laws of 2005,
are 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 TWENTY, 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
S. 7506--A 20 A. 9506--A
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.
(c) For aid payable in the school years two thousand five--two thou-
sand six 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 thou-
sand inhabitants, and/or the chancellor in city school district in a
city having a population of one million or more, on or after July first,
two thousand five, AND PRIOR TO JULY FIRST, TWO THOUSAND TWENTY, high
need school districts, as defined pursuant to regulations of the commis-
sioner, may compute aid under the provisions of this subdivision using
the high-need supplemental building aid ratio, which shall be the lesser
of (A) the product, computed to three decimals without rounding, of the
greater of the building aid ratios computed pursuant to subclauses i, ii
and iii of clause (b) of this subparagraph multiplied by five percent,
or (B) the positive remainder of ninety-eight one-hundredths less the
greater of the building aid ratios computed pursuant to subclauses i, ii
and iii of clause (b) of this subparagraph.
(D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS
APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCA-
TION 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 TWENTY, 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, PROVIDED THAT SUCH SUM SHALL NOT BE LESS THAN
FIVE PERCENT; FURTHER PROVIDED THAT, SCHOOL DISTRICTS WHICH ARE ELIGIBLE
FOR AID UNDER PARAGRAPH F OF SUBDIVISION FOURTEEN OF THIS SECTION MAY
COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE DIFFER-
ENCE 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 REOR-
GANIZED SCHOOL DISTRICT.
S. 7506--A 21 A. 9506--A
§ 19. Paragraph x of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
x. (1) "Enrollment index" shall be computed by dividing the public
school enrollment for the current year by public school enrollment for
the base year, both as defined in paragraph n of this subdivision, with
the result carried to three places without rounding.
(2) "FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC ENROLLMENT INDEX" SHALL BE
COMPUTED BY DIVIDING BY FIVE THE RESULT OBTAINED BY SUBTRACTING ONE FROM
THE QUOTIENT ARRIVED AT WHEN DIVIDING THE SUM OF THE RESIDENT PUBLIC
SCHOOL DISTRICT ENROLLMENT PLUS THE RESIDENT NONPUBLIC SCHOOL DISTRICT
ENROLLMENT, BOTH AS DEFINED IN PARAGRAPH N OF THIS SUBDIVISION, FOR THE
SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, BY THE SUM OF SUCH ENROLL-
MENTS FOR THE SCHOOL YEAR SEVEN YEARS PRIOR TO THE BASE YEAR, WITH THE
RESULT CARRIED TO THREE PLACES WITHOUT ROUNDING.
§ 20. Subdivision 3 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
H. INFLATION-ENROLLMENT INDEX. FOR THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE INFLATION-ENROLLMENT
INDEX SHALL EQUAL THE GREATER OF (1) THE CONSUMER PRICE INDEX COMPUTED
PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION, (2) THE SUM
OF THE CONSUMER PRICE INDEX PLUS THE FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC
ENROLLMENT INDEX COMPUTED PURSUANT TO PARAGRAPH X OF THIS SUBDIVISION,
OR (3) ZERO.
§ 21. Paragraphs a and b of subdivision 7 of section 3602 of the
education law, as amended by section 17 of part B of chapter 57 of the
laws of 2007, are amended to read as follows:
a. In addition to the foregoing apportionment, there shall be appor-
tioned to any school district for pupil transportation, the lesser of
ninety per centum or the state share of its approved transportation
expense for the base year. The state share shall equal the sum of the
transportation sparsity adjustment and the transportation aid ratio, but
not less than six and one-half percent. The transportation aid ratio
shall equal the greater of (i) the product of one and two hundred
sixty-three thousandths multiplied by the state sharing ratio, (ii) an
aid ratio computed by subtracting from one and one hundredth the product
computed to three decimals without rounding obtained by multiplying the
resident weighted average daily attendance wealth ratio by forty-six
percent, where such aid ratio shall be expressed as a decimal carried to
three places without rounding, PROVIDED THAT COMMENCING WITH THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER,
SUCH AID RATIO SHALL BE ZERO, or (iii) excluding cities with a popu-
lation of more than one million, an aid ratio computed by subtracting
from one and one hundredth the product computed to three decimal places
without rounding obtained by multiplying the number computed to three
decimals without rounding obtained when the quotient of actual valuation
of a school district, as defined in paragraph c of subdivision one of
this section, divided by the sum of the resident public school district
enrollment, the resident nonpublic school district enrollment and the
additional public school enrollment of the school district for the year
prior to the base year is divided by the statewide average actual valu-
ation per the sum of such total resident public school district enroll-
ment, nonpublic school district enrollment and additional public school
enrollment of all school districts eligible for an apportionment pursu-
ant to this section except central high school districts as computed by
the commissioner using the latest single year actual valuation computed
S. 7506--A 22 A. 9506--A
under paragraph c of subdivision one of this section, by forty-six
percent, where such ratio shall be expressed as a decimal carried to
three decimal places without rounding. The computation of such statewide
average shall include the actual valuation of all school districts
eligible for an apportionment pursuant to this section except central
high school districts. The transportation sparsity adjustment shall
equal the quotient of: the positive remainder of twenty-one minus the
district's public school enrollment for the year prior to the base year
per square mile, divided by three hundred seventeen and eighty-eight
hundredths. Approved transportation expense shall be the sum of the
approved transportation operating expense and the approved transporta-
tion capital, debt service and lease expense of the district. Approved
transportation expense shall not be aidable pursuant to section nineteen
hundred fifty of this chapter.
b. (1) For the purposes of this apportionment, approved transportation
operating expense shall be the actual expenditure incurred by a school
district and approved by the commissioner (i) for those items of trans-
portation operating expense allowable under subdivision one of section
thirty-six hundred twenty-three-a of this article for regular aidable
transportation of pupils as such terms are defined in sections thirty-
six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
cle, and (ii) for those items of transportation operating expense allow-
able under subdivision one of section thirty-six hundred twenty-three-a
of this article for the transportation required or authorized pursuant
to article eighty-nine of this chapter, and (iii) for providing monitors
on school buses for students with disabilities, and (iv) for transporta-
tion operating expenses allowable under section thirty-six hundred twen-
ty-three-a of this article for the transportation of homeless children
authorized by paragraph c of subdivision four of section thirty-two
hundred nine of this chapter, provided that the total approved cost of
such transportation shall not exceed the amount of the total cost of the
most cost-effective mode of transportation. PROVIDED THAT, COMMENCING
WITH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO SCHOOL YEAR AND THEREAFTER, APPROVED TRANSPORTATION OPERATING
EXPENSE FOR A SCHOOL DISTRICT SHALL NOT EXCEED THE LESSER OF (I) TOTAL
APPROVED TRANSPORTATION OPERATING EXPENSE FOR THE BASE YEAR OR (II) THE
PRODUCT OF THE TOTAL APPROVED TRANSPORTATION OPERATING EXPENSE IN THE
YEAR PRIOR TO THE BASE YEAR MULTIPLIED BY THE SUM OF ONE PLUS THE INFLA-
TION-ENROLLMENT INDEX COMPUTED PURSUANT TO PARAGRAPH H OF SUBDIVISION
THREE OF THIS SECTION.
(2) Notwithstanding any inconsistent provisions of this article, in
computing the apportionment payable to a school district in a city with
a population in excess of one million inhabitants pursuant to this
subdivision, approved transportation expense for public service trans-
portation shall not include any expenditures to the New York City Metro-
politan Transportation Authority for public service transportation nor
shall such expense be included in approved operating expense.
§ 22. Subdivision 16 of section 3602-ee of the education law, as
amended by section 19 of part YYY of chapter 59 of the laws of 2019, 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
[twenty] TWENTY-ONE; provided that the program shall continue and remain
in full effect.
S. 7506--A 23 A. 9506--A
§ 23. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND NINETEEN-
-TWO THOUSAND TWENTY 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
S. 7506--A 24 A. 9506--A
WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY 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 NINETEEN--TWO THOUSAND TWENTY AND TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEARS, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS
PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
STATE FISCAL YEAR AND ENTITLED "BT202-1", AND FURTHER PROVIDED THAT FOR
ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS 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-ONE--TWO THOUSAND TWENTY-TWO 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 EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE
SCHOOL YEAR COMMENCES.
§ 24. The opening paragraph of section 3609-a of the education law, as
amended by section 21 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand nineteen--two thousand twenty school year,
"moneys apportioned" shall mean the lesser of (i) the sum of one hundred
percent of the respective amount set forth for each school district as
payable pursuant to this section in the school aid computer listing for
the current year produced by the commissioner in support of the budget
which includes the appropriation for the general support for public
schools for the prescribed payments and individualized payments due
prior to April first for the current year plus the apportionment payable
during the current school year pursuant to subdivision six-a and subdi-
vision fifteen of section thirty-six hundred two of this part minus any
reductions to current year aids pursuant to subdivision seven of section
thirty-six hundred four of this part or any deduction from apportionment
payable pursuant to this chapter for collection of a school district
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
S. 7506--A 25 A. 9506--A
subdivision five of section ninety-seven-nnnn of the state finance law,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six hundred forty-one of this article, or (ii) the apportionment
calculated by the commissioner based on data on file at the time the
payment is processed; provided however, that for the purposes of any
payments made pursuant to this section prior to the first business day
of June of the current year, moneys apportioned shall not include any
aids payable pursuant to subdivisions six and fourteen, if applicable,
of section thirty-six hundred two of this part as current year aid for
debt service on bond anticipation notes and/or bonds first issued in the
current year or any aids payable for full-day kindergarten for the
current year pursuant to subdivision nine of section thirty-six hundred
two of this part. The definitions of "base year" and "current year" as
set forth in subdivision one of section thirty-six hundred two of this
part shall apply to this section.[ For aid payable in the two thousand
nineteen--two thousand twenty school year, reference to such "school aid
computer listing for the current year" shall mean the printouts entitled
"SA192-0".] FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN
THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE
AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH
INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO
APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX
HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC
CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR
HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE-
TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
TY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPORTIONMENT
CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE
PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY
PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY
OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY
AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE,
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR
DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE
CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER
LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
"BT202-1".
§ 25. 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
S. 7506--A 26 A. 9506--A
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
§ 26. Subdivision 9 of section 2852 of the education law, as amended
by section 2 of subpart A of part B of chapter 20 of the laws of 2015,
is amended to read as follows:
9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the board of
regents upon application directly to the board of regents or on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section. Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one million
or more. The failure of any body to issue the regulations authorized
pursuant to this article shall not affect the authority of a charter
entity to propose a charter to the board of regents or the board of
regents' authority to grant such charter. A conversion of an existing
S. 7506--A 27 A. 9506--A
public school to a charter school, or the renewal or extension of a
charter approved by any charter entity, OR THE REISSUANCE OF A SURREN-
DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1)
OF THIS SUBDIVISION shall not be counted toward the numerical limits
established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated on or
before July first, two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph.
(B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CHARTER
THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
THOUSAND FIFTEEN, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY
ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER UPON APPLICATION
DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD
OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A COMPET-
ITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION.
PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE NUMERICAL
LIMITS ESTABLISHED BY THIS SUBDIVISION.
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by [a] SUBPART A OF PART B OF chapter TWENTY of
the laws of two thousand fifteen [which added this paragraph].
§ 27. Subdivisions 1 and 3 of section 801 of the education law, as
amended by chapter 574 of the laws of 1997, are amended to read as
follows:
1. In order to promote a spirit of patriotic and civic service and
obligation and to foster in the children of the state moral and intel-
lectual qualities which are essential in preparing to meet the obli-
gations of citizenship in peace or in war, the regents of The University
of the State of New York shall prescribe courses of instruction in
patriotism, citizenship, and human rights issues, with particular atten-
tion to the study of the inhumanity of genocide, slavery (including the
freedom trail and underground railroad), the Holocaust, CIVIC EDUCATION
AND VALUES, OUR SHARED HISTORY OF DIVERSITY, THE ROLE OF RELIGIOUS FREE-
DOM IN THIS COUNTRY, and the mass starvation in Ireland from 1845 to
1850, to be maintained and followed in all the schools of the state. The
boards of education and trustees of the several cities and school
districts of the state shall require instruction to be given in such
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courses, by the teachers employed in the schools therein. All pupils
attending such schools, over the age of eight years, shall attend upon
such instruction.
Similar courses of instruction shall be prescribed and maintained in
private schools in the state, and all pupils in such schools over eight
years of age shall attend upon such courses. If such courses are not so
established and maintained in a private school, attendance upon instruc-
tion in such school shall not be deemed substantially equivalent to
instruction given to pupils of like age in the public schools of the
city or district in which such pupils reside.
3. The regents shall determine the subjects to be included in such
courses of instruction in patriotism, citizenship, and human rights
issues, with particular attention to the study of the inhumanity of
genocide, slavery (including the freedom trail and underground rail-
road), the Holocaust, CIVIC EDUCATION AND VALUES, OUR SHARED HISTORY OF
DIVERSITY, THE ROLE OF RELIGIOUS FREEDOM IN THIS COUNTRY, and the mass
starvation in Ireland from 1845 to 1850, and in the history, meaning,
significance and effect of the provisions of the constitution of the
United States, the amendments thereto, the declaration of independence,
the constitution of the state of New York and the amendments thereto,
and the period of instruction in each of the grades in such subjects.
They shall adopt rules providing for attendance upon such instruction
and for such other matters as are required for carrying into effect the
objects and purposes of this section. The commissioner shall be respon-
sible for the enforcement of such section and shall cause to be
inspected and supervise the instruction to be given in such subjects.
The commissioner may, in his discretion, cause all or a portion of the
public school money to be apportioned to a district or city to be with-
held for failure of the school authorities of such district or city to
provide instruction in such courses and to compel attendance upon such
instruction, as herein prescribed, and for a non-compliance with the
rules of the regents adopted as herein provided.
§ 28. Section 2590-h of the education law is amended by adding a new
subdivision 55 to read as follows:
55. ENSURE THAT ALL STUDENTS IN THE CITY DISTRICT, THE CHARTER SCHOOLS
IN THE CITY OF NEW YORK AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER,
AND THE NONPUBLIC SCHOOLS IN THE CITY OF NEW YORK PROVIDING INSTRUCTION
IN ACCORDANCE WITH SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER, AS
PART OF THE INSTRUCTION IN THE HOLOCAUST PURSUANT TO SECTION EIGHT
HUNDRED ONE OF THIS CHAPTER, SHALL VISIT SITES WHICH EDUCATE ABOUT THESE
HISTORICAL EVENTS INCLUDING, BUT NOT LIMITED TO, A HOLOCAUST MUSEUM.
§ 29. Section 3609-h of the education law, as added by section 7 of
part A of chapter 56 of the laws of 2015, is amended to read as follows:
§ 3609-h. Moneys apportioned to school districts for commercial gaming
grants pursuant to subdivision six of section ninety-seven-nnnn of the
state finance law, when and how payable commencing July first, two thou-
sand fourteen. Notwithstanding the provisions of section thirty-six
hundred nine-a of this part, apportionments payable pursuant to subdivi-
sion six of section ninety-seven-nnnn of the state finance law shall be
paid pursuant to this section. The definitions of "base year" and
"current year" as set forth in subdivision one of section thirty-six
hundred two of this part shall apply to this section.
1. The moneys apportioned by the commissioner to school districts
pursuant to subdivision six of section ninety-seven-nnnn of the state
finance law for the two thousand fourteen-two thousand fifteen school
S. 7506--A 29 A. 9506--A
year and thereafter shall be paid as a commercial gaming grant, as
computed pursuant to such subdivision, as follows:
a. For the two thousand fourteen--two thousand fifteen school year,
one hundred percent of such grant shall be paid on the same date as the
payment computed pursuant to clause (v) of subparagraph three of para-
graph b of subdivision one of section thirty-six hundred nine-a of this
article.
b. For the two thousand fifteen--two thousand sixteen school year [and
thereafter] THROUGH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR, seventy percent of such grant shall be paid on the same
date as the payment computed pursuant to clause (ii) of subparagraph
three of paragraph b of subdivision one of section thirty-six hundred
nine-a of this article, and thirty percent of such grant shall be paid
on the same date as the payment computed pursuant to clause (v) of
subparagraph three of paragraph b of subdivision one of section thirty-
six hundred nine-a of this article.
C. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND
THEREAFTER, ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH
THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THIS ARTICLE.
2. Any payment to a school district pursuant to this section shall be
general receipts of the district and may be used for any lawful purpose
of the district.
§ 30. 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
35 of part YYY of chapter 59 of the laws of 2019, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the 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,
reimbursement for the 2018--2019 school year shall not exceed 59.4
percent of the lesser of such approvable costs per contact hour or four-
teen 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
sixty cents per contact hour, AND REIMBURSEMENT FOR THE 2020-21 SCHOOL
YEAR SHALL NOT EXCEED 56.9 PERCENT OF THE LESSER OF SUCH APPROVABLE
COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND TWENTY-FIVE CENTS PER
CONTACT HOUR, where a contact hour represents sixty minutes of instruc-
tion services provided to an eligible adult. Notwithstanding any other
provision of law to the contrary, for the 2017--2018 school year such
contact hours shall not exceed one million five hundred forty-nine thou-
sand four hundred sixty-three (1,549,463); and 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
four hundred forty-four thousand four hundred forty-four (1,444,444);
AND FOR THE 2020-21 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE
MILLION TWO HUNDRED FORTY-FOUR THOUSAND AND FIVE HUNDRED AND EIGHTY-
EIGHT (1,244,588). Notwithstanding any other provision of law to the
contrary, the apportionment calculated for the city school district of
the city of New York pursuant to subdivision 11 of section 3602 of the
education law shall be computed as if such contact hours provided by the
S. 7506--A 30 A. 9506--A
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.
§ 31. 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 y to read as follows:
Y. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2020-21 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).
§ 32. 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 37 of part YYY
of chapter 59 of the laws of 2019, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2020] 2021.
§ 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 32 of part CCC of chapter 59 of the laws of 2018, is amended
to read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2020] 2022.
§ 34. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 39 of part YYY
of chapter 59 of the laws of 2019, 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, [2020] 2021 when
upon such date the provisions of this act shall be deemed repealed.
§ 35. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 40 of part YYY of chapter 59 of the laws of 2019, 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
S. 7506--A 31 A. 9506--A
and three of this act shall expire and be deemed repealed on June 30,
[2020] 2021.
§ 36. 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 41 of part YYY of chapter 59 of the laws
of 2019, 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, [2020] 2021.
§ 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of 2004, relating to the support of education, as amended by section 58
of part YYY of chapter 59 of the laws of 2017, is amended to read as
follows:
11. section seventy-one of this act shall expire and be deemed
repealed June 30, [2020] 2023;
§ 38. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2020-2021 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.
§ 39. 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 2021 and not later than the last day of the third full
business week of June 2021, 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, 2021, for salary expenses incurred between April 1 and
June 30, 2020 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
S. 7506--A 32 A. 9506--A
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.
§ 40. 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, 2021, 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, 2021 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
S. 7506--A 33 A. 9506--A
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.
§ 41. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2020--2021 school year, as a non-component school
district, services required by article 19 of the education law.
§ 42. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2020--2021 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
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
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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 associ-
ated 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 substan-
tial 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 2020--2021 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
2020--2021 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 2020--2021 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-
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.
§ 43. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2020 enacting
the aid to localities budget shall be apportioned for the 2020-2021
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
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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 2020-2021
by a chapter of the laws of 2020 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.
§ 44. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 45. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2020, provided,
however, that:
1. sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eigh-
teen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-
four, twenty-seven, thirty-eight, forty-one and forty-two of this act
shall take effect July 1, 2020;
2. the amendments to section 2590-h of the education law made by
section twenty-eight of this act shall not affect the expiration and
reversion of such section and shall expire and be deemed repealed there-
with;
3. section twenty-nine of this act shall be deemed to have been in
full force and effect on and after April 1, 2019; and
4. the amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city made by sections thirty and thirty-one
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.
PART B
Section 1. Legislative intent. The purpose of this act is to establish
the Syracuse Comprehensive Education and Workforce Training Center
focusing on Science, Technology, Engineering, Arts, and Math. The high
school and center shall provide a high school course of instruction for
grades nine through twelve, dedicated to providing expanded learning and
job training opportunities to students residing in the Onondaga, Cort-
S. 7506--A 36 A. 9506--A
land and Madison county board of cooperative educational services region
and central New York, in the areas of science, technology, engineering,
arts and mathematics as well as the core academic areas required for the
issuance of high school diplomas in accordance with the rules and regu-
lations promulgated by the board of regents. The legislature hereby
finds and declares that the establishment of the school is a necessary
component to the development of the greater central New York region of
New York state and a necessary link to fostering the development and
advancement of the arts and emerging technologies. This school will
advance the interests of the central New York region and New York state
by engaging students in rigorous and enriching educational experiences
focused on the arts and emerging technologies, project-based learning
and collaboration and by providing that experience within the context of
a business and learning community for the purpose of directly connecting
student learning with real world experience in the arts and advanced
technical facilities. It is expressly found that the establishment and
operation of such school pursuant to this act is a public purpose.
§ 2. Establishment of the Syracuse Comprehensive Education and Work-
force Training Center. 1. The Syracuse Comprehensive Education and
Workforce Training Center may be established by the board of education
of the Syracuse city school district pursuant to this section for
students in grades nine through twelve.
2. Such school shall be governed by the board of education of the
Syracuse city school district. The school shall be subject to all laws,
rules and regulations which are applicable to a public high school
unless otherwise provided for in this act. The school shall be subject
to the oversight of the board of regents and the program shall be audit-
ed in a manner consistent with provisions of law and regulations that
are applicable to other public schools.
3. The board of education of the Syracuse city school district shall
have the responsibility for the operation, supervision and maintenance
of the school and shall be responsible for the administration of the
school, including curriculum, grading, discipline and staffing. The
Syracuse Comprehensive Education and Workforce Training Center shall
also partner with a certified institution of higher education to offer
an early college high school program. The Syracuse Comprehensive Educa-
tion and Workforce Training Center shall also partner with a certified
institution of higher education to offer apprenticeship training and
programs. The Syracuse Comprehensive Education and Workforce Training
Center shall also partner with the State University of New York Empire
State College to ensure that there are career connection programs and
opportunities including, but not limited to, workforce preparation and
training, industry certifications and credentials including advanced
technical certifications and high school equivalency programs, and
education opportunity center programs. The State University of New York
Empire State College may also partner with the New York State Department
of Labor. The Syracuse Comprehensive Education and Workforce Training
Center is also authorized to partner with other local entities includ-
ing, but not limited to, businesses, non-profit organizations, state and
local governments, and other organizations focused on closing the skills
gap and increasing employment opportunities through training. These
programs shall be available to students as well as members of the commu-
nity.
4. The board of education of the Syracuse city school district shall
be authorized to enter into contracts as necessary or convenient to
operate such school.
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5. Students attending such school shall continue to be enrolled in
their school district of residence. The Syracuse city school district
shall be responsible for the issuance of a high school diploma to
students who attended the school based on such students' successful
completion of the school's educational program.
6. For purposes of all state aid calculations made pursuant to the
education law, students attending such school shall continue to be
treated and counted as students of their school district of residence.
7. The public school district of residence shall be obligated to
provide transportation, without regard to any mileage limitations,
provided however, for aid reimbursements pursuant to subdivision 7 of
section 3602 of the education law, expenses associated with the trans-
portation of students to and from the Syracuse Comprehensive Education
and Workforce Training Center up to a distance of thirty miles shall be
included.
8. It shall be the duty of the student's district of residence to make
payments as calculated in this act directly to the school district for
each student enrolled in the school. No costs shall be apportioned to
school districts that elect not to participate in such school.
9. The trustees or the board of education of a school district may
enter into a memorandum of understanding with the board of education of
the Syracuse city school district 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 education of the Syracuse city
school district may mutually agree. Such memorandum of understanding
shall set forth a methodology for the calculation of per pupil tuition
costs that shall be subject to review and approval by the commissioner.
10. Any student eligible for enrollment in grades nine through twelve
of a public school entering into a memorandum of understanding with the
board of education of the Syracuse city school district to enroll
students in the Syracuse Comprehensive Education and Workforce Training
Center shall be eligible for admission to the high school. To the extent
that the number of qualified applicants may exceed the number of avail-
able spaces, the school shall grant admission on a random selection
basis, provided that an enrollment preference shall be provided to
pupils returning to the high school in the second or any subsequent
year. The criteria for admission shall not be limited based on intellec-
tual ability, measures of academic achievement or aptitude, athletic
aptitude, disability, race, creed, gender, national origin, religion,
ancestry, or location of residence. The high school shall determine the
tentative enrollment roster, notify the parents, or those in parental
relations to those students, and the resident school district by April
first of the school year preceding the school year for which the admis-
sion is granted.
11. Notwithstanding any other provision of law to the contrary, the
Syracuse city school district is authorized to transfer ownership of the
Syracuse Comprehensive Education and Workforce Training Center to the
county of Onondaga and the county of Onondaga is authorized to assume
such ownership and to enter into a lease for such facility with the
Syracuse city school district. The county of Onondaga may contract for
indebtedness to renovate such facility and any related financing shall
be deemed a county purpose. The county of Onondaga shall transfer owner-
ship of the Syracuse Comprehensive Education and Workforce Training
Center to the city of Syracuse upon the expiration of the lease.
12. Notwithstanding any other provision of law to the contrary, the
county of Onondaga shall submit estimated project costs for the reno-
S. 7506--A 38 A. 9506--A
vation and equipping of the Syracuse Comprehensive Education and Work-
force Training Center after the completion of schematic plans and spec-
ifications for review by the commissioner of education. If the total
project costs associated with such project exceed the approved cost
allowance of such building project pursuant to section three of this
act, and the county has not otherwise demonstrated to the satisfaction
of the New York state department of education the availability of addi-
tional local shares for such excess costs from the city of Syracuse
and/or the Syracuse city school district, then the county shall not
proceed with the preparation of final plans and specifications for such
project until the project has been redesigned or value-engineered to
reduce estimated project costs so as not to exceed the above cost
limits.
13. Notwithstanding any other provision of law to the contrary, the
county of Onondaga shall submit estimated project costs for the reno-
vation and equipping of the Syracuse Comprehensive Education Workforce
and Training Center after the completion of fifty percent of the final
plans and specifications for review by the commissioner of education. If
the total project costs associated with such project exceed the approved
cost allowance of such building project pursuant to section three of
this act, and the county has not otherwise demonstrated to the satisfac-
tion of the New York state department of education the availability of
additional local share for such excess costs from the city of Syracuse
and/or the Syracuse city school district, then the county shall not
proceed with the completion of the remaining fifty percent of the plans
and specifications for such project until the project has been rede-
signed or value-engineered to reduce estimated project costs so as to
not exceed the above cost limits.
§ 3. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 8 to read as follows:
(8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR THE RENOVATION AND EQUIP-
PING OF THE SYRACUSE COMPREHENSIVE EDUCATION AND WORKFORCE TRAINING
CENTER AUTHORIZED FOR OPERATION BY THE SYRACUSE CITY SCHOOL DISTRICT THE
BUILDING AID UNITS ASSIGNED TO THIS PROJECT SHALL REFLECT A BUILDING AID
ENROLLMENT OF ONE THOUSAND STUDENTS AND MULTI-YEAR COST ALLOWANCES FOR
THE PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE FIRST
FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTAB-
LISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM
COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
§ 4. This act shall take effect immediately.
PART C
Section 1. Definitions. As used in this act:
(a) "Commissioner" shall mean the commissioner of education;
(b) "Department" shall mean the state education department;
(c) "Board of education" or "board" shall mean the board of education
of the Rochester city school district;
(d) "School district" or "district" shall mean the Rochester city
school district;
(e) "Superintendent" shall mean the superintendent of the Rochester
city school district;
(f) "Relatives" shall mean a Rochester city school district board
member's spouse, domestic partner, child, stepchild, stepparent, or any
S. 7506--A 39 A. 9506--A
person who is a direct descendant of the grandparents of a current board
member or a board member's spouse or domestic partner;
(g) "Mayor" shall mean the mayor of the city of Rochester; and
(h) "City" shall mean the city of Rochester.
§ 2. Appointment of a monitor. The commissioner and the mayor shall
jointly appoint one monitor to provide oversight, guidance and technical
assistance related to the educational and fiscal policies, practices,
programs and decisions of the school district, the board of education
and the superintendent.
1. The monitor, to the extent practicable, shall have experience in
school district finances and one or more of the following areas:
(a) elementary and secondary education;
(b) the operation of school districts in New York;
(c) educating students with disabilities; and
(d) educating English language learners.
2. The monitor shall be a non-voting ex-officio member of the board of
education. The monitor shall be an individual who is not a resident,
employee of the school district or relative of a board member of the
school district at the time of his or her appointment.
3. The reasonable and necessary expenses incurred by the monitor while
performing his or her official duties shall be paid by the school
district. Notwithstanding any other provision of law, the monitor shall
be entitled to defense and indemnification by the school district to the
same extent as a school district employee.
§ 3. Meetings. 1. The monitor shall be entitled to attend all meetings
of the board, including executive sessions; provided however, such moni-
tor shall not be considered for purposes of establishing a quorum of the
board. The school district shall fully cooperate with the monitor
including, but not limited to, providing such monitor with access to any
necessary documents and records of the district including access to
electronic information systems, databases and planning documents,
consistent with all applicable state and federal statutes including, but
not limited to, Family Education Rights and Privacy Act (FERPA) (20
U.S.C. § 1232g) and section 2-d of the education law.
2. The board, in consultation with the monitor, shall adopt a conflict
of interest policy that complies with all existing applicable laws,
rules and regulations that ensures its board members and administration
act in the school district's best interest and comply with applicable
legal requirements. The conflict of interest policy shall include, but
not be limited to:
(a) a definition of the circumstances that constitute a conflict of
interest;
(b) procedures for disclosing a conflict of interest to the board;
(c) a requirement that the person with the conflict of interest not be
present at or participate in board deliberations or votes on the matter
giving rise to such conflict, provided that nothing in this subdivision
shall prohibit the board from requesting that the person with the
conflict of interest present information as background or answer ques-
tions at a board meeting prior to the commencement of deliberations or
voting relating thereto;
(d) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
(e) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.
S. 7506--A 40 A. 9506--A
§ 4. Public hearings. 1. The monitor shall schedule three public hear-
ings to be held within sixty days of his or her appointment, which shall
allow public comment from the district's residents, students, parents,
employees, the mayor, board members and administration.
(a) The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner, the department and the
board of regents regarding school district governance and intervention
under applicable state law and regulations, including but not limited
to, sections 306, 211-c, and 211-f of the education law.
(b) The second hearing shall take public comment on the academic
performance of the district.
(c) The third hearing shall take public comment on the fiscal perform-
ance of the district.
2. The board of education, the superintendent and the monitor shall
consider these public comments when developing the financial plan and
academic improvement plan under this act.
§ 5. Financial plan. 1. No later than November first, two thousand
twenty, the board of education, the superintendent and the monitor shall
develop a proposed financial plan for the two thousand twenty--two thou-
sand twenty-one school year and the four subsequent school years. The
financial plan shall ensure that annual aggregate operating expenses
shall not exceed annual aggregate operating revenues for such school
year and that the major operating funds of the district be balanced in
accordance with generally accepted accounting principles, and shall
consider whether financial and budgetary functions of the district shall
be subject to a shared services agreement with the city and whether
district governance should be modified. The financial plan shall
include statements of all estimated revenues, expenditures, and cash
flow projections of the district.
2. If the board of education and the monitor agree on all the elements
of the proposed financial plan, the board of education shall conduct a
public hearing on the plan and consider the input of the community. The
proposed financial plan shall be made public on the district's website
at least three business days before such public hearing. Once the
proposed financial plan has been approved by the board of education,
such plan shall be submitted by the monitor to the commissioner and the
mayor for approval and shall be deemed approved for the purposes of this
act.
3. If the board of education and the monitor do not agree on all the
elements of the proposed financial plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the monitor and the board, including documented
justification for such disagreements and any requested amendments from
the monitor. The proposed financial plan, elements of disagreement, and
requested amendments shall be made public on the district's website at
least three business days before such public hearing. After considering
the input of the community, the board may alter the proposed financial
plan and the monitor may alter his or her requested amendments, and the
monitor shall submit the proposed financial plan, his or her amendments
to the plan, and documentation providing justification for such disa-
greements and amendments to the commissioner and the mayor no later than
December first, two thousand twenty. By January fifteenth, two thousand
twenty-one, the commissioner and the mayor shall jointly approve the
proposed plan with any of the monitor's proposed amendments, or make
other modifications, they deem appropriate. The board of education
shall provide the commissioner and the mayor with any information they
S. 7506--A 41 A. 9506--A
request to approve such plan within three business days of such request.
Upon the approval of the commissioner and the mayor, the financial plan
shall be deemed approved for purposes of this act.
§ 6. Academic improvement plan. 1. No later than November first, two
thousand twenty, the board of education, the superintendent and the
monitor shall develop an academic improvement plan for the district's
two thousand twenty--two thousand twenty-one school year and the four
subsequent school years. The academic improvement plan shall contain a
series of programmatic recommendations designed to improve academic
performance over the period of the plan in those academic areas that the
commissioner deems to be in need of improvement which shall include
addressing the provisions contained in any action plan set forth by the
department.
2. If the board of education and the monitor agree on all the elements
of the proposed academic improvement plan, the board of education shall
conduct a public hearing on the plan and consider the input of the
community. The proposed academic improvement plan shall be made public
on the district's website at least three business days before such
public hearing. Once the proposed academic improvement plan has been
approved by the board of education, such plan shall be submitted by the
monitor to the commissioner for approval and shall be deemed approved
for the purposes of this act.
3. If the board of education and the monitor do not agree on all the
elements of the proposed academic improvement plan, the board of educa-
tion shall conduct a public hearing on the proposed plan that details
the elements of disagreement between the monitor and the board, includ-
ing documented justification for such disagreements and any requested
amendments from the monitor. The proposed academic improvement plan,
elements of disagreement, and requested amendments shall be made public
on the district's website at least three business days before such
public hearing. After considering the input of the community, the board
may alter the proposed academic improvement plan and the monitor may
alter his or her requested amendments, and the monitor shall submit the
proposed academic improvement plan, his or her amendments to the plan,
and documentation providing justification for such disagreements and
amendments to the commissioner no later than December first, two thou-
sand twenty. By January fifteenth, two thousand twenty-one, the commis-
sioner shall approve the proposed plan with any of the monitor's
proposed amendments, or make other modifications, he or she deems appro-
priate. The board of education shall provide the commissioner with any
information he or she requests to approve such plan within three busi-
ness days of such request. Upon the approval of the commissioner, the
academic improvement plan shall be deemed approved for purposes of this
act.
§ 7. Fiscal and operational oversight. 1. Starting with the proposed
budget for the two thousand twenty-one--two thousand twenty-two school
year, the board of education shall annually submit the school district's
proposed budget for the next succeeding school year to the monitor no
later than March first prior to the start of such next succeeding school
year. The monitor shall review the proposed budget to ensure that it is
balanced within the context of revenue and expenditure estimates and
mandated programs. The monitor shall also review the proposed budget to
ensure that it, to the greatest extent possible, is consistent with the
district academic improvement plan and financial plan developed and
approved pursuant to this act. The monitor shall present his or her
findings to the board of education, the mayor and the commissioner no
S. 7506--A 42 A. 9506--A
later than forty-five days prior to the date scheduled for the board of
education's vote on the adoption of the final budget or the last date on
which the budget may be finally adopted, whichever is sooner. The
commissioner and the mayor shall jointly require the board of education
to make amendments to the proposed budget consistent with any recommen-
dations made by the monitor if the commissioner and the mayor jointly
determine such amendments are necessary to comply with the financial
plan and academic improvement plan under this act. The school district
shall make available on the district's website: the initial proposed
budget, the monitor's findings, and the final proposed budget at least
seven days prior to the date of the school district's budget hearing.
The board of education shall provide the commissioner and the mayor with
any information they request in order to make a determination pursuant
to this subdivision within three business days of such request.
2. The district shall provide quarterly reports to the monitor and
annual reports to the mayor, the commissioner and the board of regents
on the academic, fiscal, and operational status of the school district.
In addition, the monitor shall provide semi-annual reports to the mayor,
the commissioner, board of regents, the governor, the temporary presi-
dent of the senate, and the speaker of the assembly on the academic,
fiscal, and operational status of the school district. Such semi-annual
report shall include all the contracts that the district entered into
throughout the year.
3. The monitor shall have the authority to disapprove travel outside
the state paid for by the district.
4. The monitor shall work with the district's shared decision-making
committee as defined in 8 NYCRR 100.11 in developing the academic
improvement plan, financial plan, district goals, implementation of
district priorities, budgetary recommendations and recommendations
related to school governance.
5. The monitor shall assist in resolving any disputes and conflicts,
including but not limited to, those between the superintendent and the
board of education and among the members of the board of education.
6. The monitor may recommend, and the board shall consider by vote of
a resolution at the next scheduled meeting of the board, cost saving
measures including, but not limited to, shared service agreements.
§ 8. The commissioner may overrule any decision of the monitor, except
for collective bargaining agreements negotiated in accordance with arti-
cle 14 of the civil service law, if he or she deems that such decision
is not aligned with the academic improvement plan. The commissioner and
the mayor may jointly overrule any decision of the monitor, except for
collective bargaining agreements negotiated in accordance with article
14 of the civil service law, if they jointly deem such decision is not
aligned with the financial plan or the school district's budget.
§ 9. The monitor may notify the commissioner, the mayor and the board
in writing when he or she deems the district is violating an element of
the financial plan or academic improvement plan in this act. Within
twenty days, the commissioner shall determine whether the district is in
violation of any of the elements of the academic improvement plan high-
lighted by the monitor and shall order the district to comply immediate-
ly with the plan and remedy any such violation. The mayor and the
commissioner shall, within twenty days, jointly determine whether the
district is in violation of any of the elements of the financial plan
highlighted by the monitor and shall order the district to comply imme-
diately with the plan and remedy any such violation. The school
district shall suspend all actions related to the potential violation of
S. 7506--A 43 A. 9506--A
the financial plan or academic improvement plan until the commissioner
issues a determination or the mayor and the commissioner jointly issue a
determination related to the financial plan.
§ 10. Nothing in this act shall be construed to abrogate the duties
and responsibilities of the school district consistent with applicable
state law and regulations.
§ 11. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2021.
PART D
Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by section 1 of part JJJ of chapter
59 of the laws of 2017, is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. Except as hereinafter provided, all students
enrolled in programs leading to like degrees at state-operated insti-
tutions of the state university shall be charged a uniform rate of
tuition except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of the colleges for students
enrolled in degree-granting programs leading to an associate degree and
non-degree granting programs so long as such tuition rate does not
exceed the tuition rate charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading to a
baccalaureate degree at other state-operated institutions of the state
university of New York. Notwithstanding any other provision of this
subparagraph, the trustees may authorize the setting of a separate cate-
gory of tuition rate, that shall be greater than the tuition rate for
resident students and less than the tuition rate for non-resident
students, only for students enrolled in distance learning courses who
are not residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not adopt changes affecting tuition
charges prior to the enactment of the annual budget, provided however
that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with the two thousand
eleven--two thousand twelve academic year and ending in the two thousand
sixteen--two thousand seventeen academic year if the annual resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition credit for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant to
section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for each semester, quarter or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is calculated and applied against the tuition charged for the corre-
sponding semester, quarter or term.
(ii) Commencing with the two thousand seventeen--two thousand eighteen
academic year and ending in the two thousand twenty--two thousand twen-
S. 7506--A 44 A. 9506--A
ty-one academic year the state university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than two hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided, however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then a tuition
credit for each eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this title, shall be applied toward the
tuition charged for each semester, quarter or term of study. Tuition for
each semester, quarter or term of study shall not be due for any student
eligible to receive such tuition credit until the tuition credit is
calculated and applied against the tuition charged for the corresponding
semester, quarter or term. Provided, further that the revenue resulting
from an increase in the rate of tuition shall be allocated to each
campus pursuant to a plan approved by the board of trustees to support
investments in new classroom faculty, instruction, initiatives to
improve student success and on-time completion and a tuition credit for
each eligible student.
(iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK
BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRAD-
UATE RATE OF TUITION BY NO MORE THAN TWO HUNDRED DOLLARS OVER THE RESI-
DENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN
THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT
UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO
SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY
STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRE-
SPONDING SEMESTER, QUARTER OR TERM. PROVIDED FURTHER THAT THE REVENUE
RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO
EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO
SUPPORT INVESTMENTS IN NEW CLASSROOM FACULTY, INSTRUCTION, INITIATIVES
TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND A TUITION CREDIT
FOR EACH ELIGIBLE STUDENT.
(IV) On or before November thirtieth, two thousand [seventeen] TWEN-
TY-ONE, the trustees shall approve and submit to the chairs of the
assembly ways and means committee and the senate finance committee and
to the director of the budget a master tuition plan setting forth the
tuition rates that the trustees propose for resident undergraduate
students for the four year period commencing with the two thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and
provided further, that with the approval of the board of trustees, each
university center may increase non-resident undergraduate tuition rates
each year by not more than ten percent over the tuition rates of the
prior academic year for a six year period commencing with the two thou-
S. 7506--A 45 A. 9506--A
sand eleven--two thousand twelve academic year and ending in the two
thousand sixteen--two thousand seventeen academic year.
[(iv)] (V) Beginning in state fiscal year two thousand twelve-two
thousand thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply.
[(v)] (VI) Beginning in state fiscal year two thousand seventeen--two
thousand eighteen and ending in state fiscal year two thousand twenty--
two thousand twenty-one, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply; provided further, the state
shall appropriate and make available general fund support to fully fund
the tuition credit pursuant to subdivision two of section six hundred
sixty-nine-h of this title.
(VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER,
THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE
ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
[(vi)] (VIII) For the state university fiscal years commencing two
thousand eleven--two thousand twelve and ending two thousand fifteen--
two thousand sixteen, each university center may set aside a portion of
its tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
of the state university of New York. Nothing in this paragraph shall be
construed as to authorize that students whose net taxable income is
eighty thousand dollars or more are eligible for tuition assistance
program awards pursuant to section six hundred sixty-seven of this
[chapter] TITLE.
§ 2. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new paragraph 4-a to read as follows:
S. 7506--A 46 A. 9506--A
(4-A) NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR PRACTICE TO THE
CONTRARY AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE
STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY RAISE
NON-RESIDENT UNDERGRADUATE RATES OF TUITION BY NOT MORE THAN TEN PERCENT
OVER THE TUITION RATES OF THE PRIOR ACADEMIC YEAR FOR THE FOLLOWING
DOCTORAL DEGREE GRANTING INSTITUTIONS OF THE STATE UNIVERSITY OF NEW
YORK THE STATE UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE
AND FORESTRY AS DEFINED IN ARTICLE ONE HUNDRED TWENTY-ONE OF THIS CHAP-
TER, DOWNSTATE MEDICAL CENTER, UPSTATE MEDICAL CENTER, AND THE COLLEGE
OF TECHNOLOGY AT UTICA-ROME/STATE UNIVERSITY POLYTECHNIC INSTITUTE FOR A
FOUR YEAR PERIOD COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-THREE--
TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR PROVIDED THAT SUCH RATE CHANGE IS
APPROVED ANNUALLY PRIOR TO BOARD OF TRUSTEES ACTION BY THE CHANCELLOR OF
THE STATE UNIVERSITY OR HIS OR HER DESIGNEE.
§ 3. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by section 2 of part JJJ of chapter 59 of the laws of
2017, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. Notwithstanding any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition rate, that shall be greater than the
tuition rate for resident students and less than the tuition rate for
non-resident students, only for students enrolled in distance learning
courses who are not residents of the state; provided, however, that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year, the city university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with the two thousand
eleven--two thousand twelve academic year and ending with the two thou-
sand sixteen--two thousand seventeen academic year if the annual resi-
dent undergraduate rate of tuition would exceed five thousand dollars,
then a tuition credit for each eligible student, as determined and
calculated by the New York state higher education services corporation
pursuant to section six hundred eighty-nine-a of this chapter, shall be
applied toward the tuition charged for each semester, quarter or term of
study. Tuition for each semester, quarter or term of study shall not be
due for any student eligible to receive such tuition credit until the
S. 7506--A 47 A. 9506--A
tuition credit is calculated and applied against the tuition charged for
the corresponding semester, quarter or term.
(ii) Commencing with the two thousand seventeen--two thousand eighteen
academic year and ending in the two thousand twenty--two thousand twen-
ty-one academic year the city university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than two hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then a tuition
credit for each eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this [title] CHAPTER, shall be applied
toward the tuition charged for each semester, quarter or term of study.
Tuition for each semester, quarter or term of study shall not be due for
any student eligible to receive such tuition credit until the tuition
credit is calculated and applied against the tuition charged for the
corresponding semester, quarter or term. Provided, further that the
revenue resulting from an increase in the rate of tuition shall be allo-
cated to each campus pursuant to a plan approved by the board of trus-
tees to support investments in new classroom faculty, instruction,
initiatives to improve student success and on-time completion and a
tuition credit for each eligible student.
(iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD
OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE
RATE OF TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT
UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
PRIOR ACADEMIC YEAR; PROVIDED, HOWEVER, THAT IF THE ANNUAL RESIDENT
UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO
SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS CHAPTER, SHALL BE APPLIED
TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY.
TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR
ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION
CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE
CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER THAT THE
REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLO-
CATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUS-
TEES TO SUPPORT INVESTMENTS IN NEW CLASSROOM FACULTY, INSTRUCTION,
INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
(IV) On or before November thirtieth, two thousand [seventeen] TWEN-
TY-ONE, the trustees shall approve and submit to the chairs of the
assembly ways and means committee and the senate finance committee and
to the director of the budget a master tuition plan setting forth the
tuition rates that the trustees propose for resident undergraduate
students for the four year period commencing with the two thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one] TWENTY-FIVE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR.
S. 7506--A 48 A. 9506--A
[(iv)] (V) Beginning in state fiscal year two thousand twelve--two
thousand thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate and make available
state support for operating expenses, including fringe benefits, for the
city university in an amount not less than the amount appropriated and
made available in the prior state fiscal year; provided, however, that
if the governor declares a fiscal emergency, and communicates such emer-
gency to the temporary president of the senate and speaker of the assem-
bly, state support for operating expenses of the state university and
city university may be reduced in a manner proportionate to one another,
and the aforementioned provisions shall not apply.
[(v)] (VI) Beginning in state fiscal year two thousand seventeen--two
thousand eighteen and ending in state fiscal year two thousand twenty--
two thousand twenty-one, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the city
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply; provided further, the state
shall appropriate and make available general fund support to fully fund
the tuition credit pursuant to subdivision two of section six hundred
sixty-nine-h of this chapter.
(VII) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, HOWEVER,
THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE
ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER.
§ 4. Section 16 of chapter 260 of the laws of 2011, amending the
education law and the New York state urban development corporation act
relating to establishing components of the NY-SUNY 2020 challenge grant
program, as amended by section 5 of part JJJ of chapter 59 of the laws
of 2017, is amended to read as follows:
§ 16. This act shall take effect July 1, 2011; provided that sections
one, two, three, four, five, six, eight, nine, ten, eleven, twelve and
thirteen of this act shall expire [10] 14 years after such effective
date when upon such date the provisions of this act shall be deemed
repealed; and provided further that sections fourteen and fifteen of
this act shall expire 5 years after such effective date when upon such
date the provisions of this act shall be deemed repealed.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law made by section one of this act and the
amendments to paragraph (a) of subdivision 7 of section 6206 of the
education law made by section three of this act shall not affect the
S. 7506--A 49 A. 9506--A
expiration of such paragraph and subparagraph and shall be deemed to
expire therewith.
PART E
Section 1. Paragraph (d) of subdivision 1 of section 669-h of the
education law, as amended by section 1 of part T of chapter 56 of the
laws of 2018, is amended to read as follows:
(d) has an adjusted gross income for the qualifying year, as such
terms are defined in this subdivision, equal to or less than: (i) one
hundred thousand dollars for recipients receiving an award in the two
thousand seventeen--two thousand eighteen academic year; (ii) one
hundred ten thousand dollars for recipients receiving an award in the
two thousand eighteen--two thousand nineteen academic year; [and] (iii)
one hundred twenty-five thousand dollars for recipients receiving an
award in the two thousand nineteen--two thousand twenty academic year;
(IV) ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS RECEIVING
AN AWARD IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC
YEAR; AND (V) ONE HUNDRED FIFTY THOUSAND DOLLARS FOR RECIPIENTS RECEIV-
ING AN AWARD IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
ACADEMIC YEAR and thereafter; and
§ 2. This act shall take effect immediately.
PART F
Section 1. Subdivision 3 of section 667-d of the education law, as
amended by section 1 of part W of chapter 56 of the laws of 2018, is
amended to read as follows:
3. Income. An award shall be made to an applicant who has an adjusted
gross income for the qualifying year, as such terms are defined in this
subdivision, equal to or less than: (i) one hundred thousand dollars for
recipients receiving an award in the two thousand seventeen--two thou-
sand eighteen academic year; (ii) one hundred ten thousand dollars for
recipients receiving an award in the two thousand eighteen--two thousand
nineteen academic year; [and] (iii) one hundred twenty-five thousand
dollars for recipients receiving an award in the two thousand nineteen-
-two thousand twenty academic year; (IV) ONE HUNDRED THIRTY-FIVE THOU-
SAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND TWEN-
TY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR; AND (V) ONE HUNDRED FIFTY
THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR and thereafter.
Adjusted gross income shall be the total of the combined adjusted gross
income of the applicant and the applicant's parents or the applicant and
the applicant's spouse, if married. Qualifying year shall be the
adjusted gross income as reported on the federal income tax return, or
as otherwise obtained by the corporation, for the calendar year coincid-
ing with the tax year established by the U.S. department of education to
qualify applicants for federal student financial aid programs authorized
by Title IV of the Higher Education Act of nineteen hundred sixty-five,
as amended, for the school year in which application for assistance is
made. Provided, however, if an applicant demonstrates to the corporation
that there has been a change in such applicant's adjusted gross income
in the year or years subsequent to the qualifying year which would qual-
ify such applicant for an award, the corporation shall review and make a
determination as to whether such applicant meets the requirement set
forth in this subdivision based on such year. Provided, further that
S. 7506--A 50 A. 9506--A
such change was caused by the death, permanent and total physical or
mental disability, divorce, or separation by judicial decree or pursuant
to an agreement of separation which is filed with a court of competent
jurisdiction of any person whose income was required to be used to
compute the applicant's total adjusted gross income.
§ 2. This act shall take effect immediately.
PART G
Section 1. 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, 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 PROFES-
SIONAL 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. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. 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 INCORPORATED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM
THAT IS INCORPORATED UNDER THIS SECTION SHALL BE 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 OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL
HAVE ATTACHED TO ITS CERTIFICATE OF INCORPORATION A CERTIFICATE OR
CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN
LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF THIS SECTION.
§ 2. 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 THE 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,
S. 7506--A 51 A. 9506--A
(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.
§ 3. 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 ANY STATE THE
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.
§ 4. 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, who has been rendering professional service to the public
becomes legally disqualified to practice his OR HER profession within
this state, he OR SHE 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 professional 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 OR HER profession within this
state shall be deemed to constitute an irrevocable offer by the disqual-
ified shareholder to sell his OR HER 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 compliance with
this provision shall constitute a ground for forfeiture of its certif-
icate of incorporation and its dissolution.
§ 5. 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, may sell or transfer his
OR HER shares in such corporation except to another individual who is
S. 7506--A 52 A. 9506--A
eligible to have shares issued to him OR HER by such corporation or
except in trust to another individual who would be eligible to receive
shares if he OR SHE were employed by the corporation. Nothing herein
contained shall be construed to prohibit the transfer of shares by oper-
ation of law or by court decree. No transferee 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 eligible to have shares issued
to him OR HER if he OR SHE were an employee of the corporation 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 shareholder, may be
made only after the same shall have been approved by the board of direc-
tors, 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 incorporation 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 OR HER
shares may not be voted or counted for any purpose, unless all share-
holders consent that such shares be voted or counted. The certificate of
incorporation or the by-laws of the professional 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 corporation 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 appli-
cable, 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.
§ 6. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
S. 7506--A 53 A. 9506--A
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.
§ 7. 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. 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 MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, 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. FOR PURPOSES OF THIS PARAGRAPH,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. 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 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 INTER-
EST 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 PARAGRAPH, "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.
§ 8. 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
S. 7506--A 54 A. 9506--A
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions in this state. Each partner of a registered limited
liability partnership formed to provide licensed clinical social work
services in this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner of a registered limited liability partnership formed to provide
creative arts therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited liability partnership
formed to provide marriage and family therapy services in this state
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,
"FINANCIAL INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY. 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
ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
OF A FIRM THAT IS FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL
S. 7506--A 55 A. 9506--A
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A
PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER
OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 9. 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
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. A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, 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 LIMIT-
S. 7506--A 56 A. 9506--A
ED 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 SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. 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 FORMED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 10. 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 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
FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN-
SEE 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 PARTIC-
IPATES 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 BUSI-
NESS 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.
S. 7506--A 57 A. 9506--A
§ 11. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
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
S. 7506--A 58 A. 9506--A
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. A
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 EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT-
ED 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 SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY. 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 PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 12. 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.
S. 7506--A 59 A. 9506--A
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
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
S. 7506--A 60 A. 9506--A
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. A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
TICE 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, 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 SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTER-
EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI-
TAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI-
TY. 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. Notwithstanding any other provision of law to the contrary,
there is hereby established a fee for each non-licensee owner of a firm
that is incorporating as a professional service corporation formed to
lawfully engage in the practice of public accountancy. Such non-licensee
owner shall pay a fee of three hundred dollars to the department of
education on an annual basis.
§ 14. This act shall take effect immediately.
PART H
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 $12,830,000 for the fiscal
year ending March 31, 2021. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, the board of directors of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, 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
S. 7506--A 61 A. 9506--A
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 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, 2020.
§ 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 $5,360,000 for the fiscal year ending March
31, 2021. 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
$5,360,000, 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
2019-2020 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,
2020.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $21,000,000 for the fiscal year ending March
31, 2021. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$21,000,000, 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 2019-2020 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
S. 7506--A 62 A. 9506--A
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2020.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the requirements
of such programs, a sum not to exceed $42,641,000 for the fiscal year
ending March 31, 2021. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. 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 homeless housing and assistance corporation, a total
sum not to exceed $42,641,000, 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 insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 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 shall be made as soon as practi-
cable but no later than March 31, 2021.
§ 5. This act shall take effect immediately.
PART I
Section 1. Subdivision c of section 8 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by section 16 of part K of chapter 36
of the laws of 2019, is amended to read as follows:
c. Whenever a city having a population of one million or more has
determined the existence of an emergency pursuant to section three of
this act, the provisions of this act and the New York city rent stabili-
zation law of nineteen hundred sixty-nine shall be administered by the
state [division of housing and community renewal] as provided in the New
York city rent stabilization law of nineteen hundred sixty-nine, as
amended, or as otherwise provided by law. The costs incurred by the
state [division of housing and community renewal] in administering such
regulation shall be paid by such city. All payments for such adminis-
tration shall be transmitted to the state [division of housing and
community renewal] as follows: on or after April first of each year
commencing with April, nineteen hundred eighty-four, the commissioner of
housing and community renewal, IN CONSULTATION WITH THE DIRECTOR OF THE
BUDGET, shall determine an amount necessary to defray the [division's]
STATE'S anticipated annual cost, and one-quarter of such amount shall be
paid by such city on or before July first of such year, one-quarter of
such amount on or before October first of such year, one-quarter of such
amount on or before January first of the following year and one-quarter
of such amount on or before March thirty-first of the following year.
S. 7506--A 63 A. 9506--A
After the close of the fiscal year of the state, the commissioner, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, shall determine the amount
of all actual costs incurred in such fiscal year and shall certify such
amount to such city. If such certified amount shall differ from the
amount paid by the city for such fiscal year, appropriate adjustments
shall be made in the next quarterly payment to be made by such city. In
the event that the amount thereof is not paid to the commissioner, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, as herein prescribed, the
commissioner, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, shall
certify the unpaid amount to the comptroller, and the comptroller shall,
to the extent not otherwise prohibited by law, withhold such amount from
any state aid payable to such city. In no event shall the amount imposed
on the owners exceed twenty dollars per unit per year.
§ 2. Subdivisions d and e of section 8 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, subdivision d as amended by section 16 of part K
of chapter 36 of the laws of 2019 and subdivision e as amended by
section 1 of part O of chapter 57 of the laws of 2009, are amended to
read as follows:
d. NOTWITHSTANDING SUBDIVISION C OF THIS SECTION OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHENEVER THE STATE HAS INCURRED ANY
COSTS AS A RESULT OF ADMINISTERING THE RENT REGULATION PROGRAM FOR A
CITY HAVING A POPULATION OF ONE MILLION OR MORE IN ACCORDANCE WITH
SUBDIVISION C OF THIS SECTION, THE DIRECTOR OF THE BUDGET MAY DIRECT ANY
OTHER STATE AGENCY TO PERMANENTLY REDUCE THE AMOUNT OF ANY OTHER PAYMENT
OR PAYMENTS OWED TO SUCH CITY OR ANY DEPARTMENT, AGENCY, OR INSTRUMEN-
TALITY THEREOF; PROVIDED HOWEVER, THAT SUCH REDUCTION SHALL BE IN AN
AMOUNT EQUAL TO THE COSTS INCURRED BY THE STATE IN ADMINISTERING THE
RENT REGULATION PROGRAM FOR SUCH CITY IN ACCORDANCE WITH SUBDIVISION C
OF THIS SECTION. IF THE DIRECTOR OF THE BUDGET MAKES SUCH DIRECTION IN
ACCORDANCE WITH THIS SUBDIVISION, THE IMPACTED CITY SHALL NOT MAKE THE
PAYMENTS REQUIRED BY SUBDIVISION C OF THIS SECTION, AND THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL NOTIFY SUCH CITY IN WRITING OF WHAT
PAYMENT OR PAYMENTS WILL BE REDUCED AND THE AMOUNT OF THE REDUCTION AND
SHALL SUBALLOCATE, AS NECESSARY, THE VALUE OF THE COSTS IT INCURRED TO
THE AGENCY OR AGENCIES WHICH REDUCES THE PAYMENTS TO SUCH CITY OR ANY
DEPARTMENT, AGENCY OR AUTHORITY THEREOF IN ACCORDANCE WITH THIS SUBDIVI-
SION.
E. The failure to pay the prescribed assessment not to exceed twenty
dollars per unit for any housing accommodation subject to this act or
the New York city rent stabilization law of nineteen hundred sixty-nine
shall constitute a charge due and owing such city, town or village which
has imposed an annual charge for each such housing accommodation pursu-
ant to subdivision b of this section. Any such city, town or village
shall be authorized to provide for the enforcement of the collection of
such charges by commencing an action or proceeding for the recovery of
such fees or by the filing of a lien upon the building and lot. Such
methods for the enforcement of the collection of such charges shall be
the sole remedy for the enforcement of this section.
[e.] F. The division shall maintain at least one office in each county
which is governed by the rent stabilization law of nineteen hundred
sixty-nine or this act; provided, however, that the division shall not
be required to maintain an office in the counties of Nassau, Rockland,
or Richmond.
§ 3. This act shall take effect immediately.
S. 7506--A 64 A. 9506--A
PART J
Section 1. The labor law is amended by adding a new section 196-b to
read as follows:
§ 196-B. SICK LEAVE REQUIREMENTS. 1. EVERY EMPLOYER SHALL PROVIDE ITS
EMPLOYEES WITH SICK LEAVE AS FOLLOWS:
A. FOR EMPLOYERS WITH FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR ALL
EMPLOYEES SHALL BE PROVIDED WITH AT LEAST FIVE DAYS OF UNPAID SICK LEAVE
EACH CALENDAR YEAR.
B. FOR EMPLOYERS WITH BETWEEN FIVE AND NINETY-NINE EMPLOYEES IN ANY
CALENDAR YEAR, ALL EMPLOYEES SHALL BE PROVIDED WITH AT LEAST FIVE DAYS
OF PAID SICK LEAVE EACH CALENDAR YEAR.
C. FOR EMPLOYERS WITH ONE HUNDRED OR MORE EMPLOYEES IN ANY CALENDAR
YEAR, ALL EMPLOYEES SHALL BE PROVIDED WITH AT LEAST SEVEN DAYS OF PAID
SICK LEAVE EACH CALENDAR YEAR.
2. THE COMMISSIONER SHALL HAVE AUTHORITY TO ADOPT REGULATIONS AND
ISSUE GUIDANCE TO EFFECTUATE ANY OF THE PROVISIONS OF THIS SECTION.
EMPLOYERS SHALL COMPLY WITH REGULATIONS AND GUIDANCE PROMULGATED BY THE
COMMISSIONER FOR THIS PURPOSE WHICH MAY INCLUDE BUT ARE NOT LIMITED TO
STANDARDS FOR THE ACCRUAL, USE, PAYMENT, AND EMPLOYEE ELIGIBILITY OF
SICK LEAVE.
3. EMPLOYEES SHALL ACCRUE SICK LEAVE AT A RATE OF NOT LESS THAN ONE
HOUR PER EVERY THIRTY HOURS WORKED, BEGINNING AT THE COMMENCEMENT OF
EMPLOYMENT OR THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS LATER,
SUBJECT TO THE USE AND ACCRUAL LIMITATIONS SET FORTH IN THIS SECTION.
4. EMPLOYEE USE OF LEAVE. A. UPON THE ORAL OR WRITTEN REQUEST OF AN
EMPLOYEE, AN EMPLOYER SHALL PROVIDE SICK LEAVE FOR THE FOLLOWING
PURPOSES:
I. DIAGNOSIS, CARE, OR TREATMENT OF AN EXISTING HEALTH CONDITION OF,
OR PREVENTIVE CARE FOR AN EMPLOYEE OR AN EMPLOYEE'S FAMILY MEMBER, OR A
WARD FOR WHICH THE EMPLOYEE IS THE GUARDIAN; OR
II. FOR AN EMPLOYEE OR AN EMPLOYEE'S FAMILY MEMBER WHO IS A VICTIM OF
DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION TWO
HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, A SEXUAL OFFENSE, STALKING, OR
HUMAN TRAFFICKING, TO AVAIL THEMSELVES OF SERVICES OR ASSISTANCE.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A CITY WITH A
POPULATION OF ONE MILLION OR MORE FROM ENACTING OR ENFORCING LOCAL LAWS
OR ORDINANCES WHICH IMPOSE STANDARDS OR REQUIREMENTS RELATING TO SICK
LEAVE THAT ARE MORE PROTECTIVE TO EMPLOYEES THAN THE ACCRUAL, USE,
PAYMENT, AND EMPLOYEE ELIGIBILITY REQUIREMENTS SET FORTH IN THIS SECTION
OR IN ANY RULE OR REGULATION PROMULGATED HEREUNDER.
6. THE PROVISIONS OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER SHALL
BE APPLICABLE TO THE BENEFITS AFFORDED UNDER THIS SECTION, INCLUDING,
BUT NOT LIMITED TO, REQUESTING SICK LEAVE AND USING SICK LEAVE.
7. AN EMPLOYER IS NOT REQUIRED TO PROVIDE ADDITIONAL SICK LEAVE PURSU-
ANT TO THIS SECTION IF THE EMPLOYER HAS A PAID LEAVE POLICY OR PAID TIME
OFF POLICY, THE EMPLOYER MAKES AVAILABLE AN AMOUNT OF LEAVE APPLICABLE
TO EMPLOYEES THAT MAY BE USED FOR THE SAME PURPOSES AND UNDER THE SAME
CONDITIONS AS SPECIFIED IN THIS SECTION, AND THE POLICY SATISFIES ONE OF
THE FOLLOWING:
I. THE ACCRUAL, CARRYOVER, AND USE REQUIREMENTS OF THIS SECTION OR
REGULATIONS PROMULGATED THEREUNDER;
II. PROVIDED PAID SICK LEAVE OR PAID TIME OFF TO A CLASS OF EMPLOYEES
BEFORE JANUARY FIRST, TWO THOUSAND TWENTY, PURSUANT TO A PAID SICK LEAVE
POLICY OR PAID TIME OFF POLICY THAT USED AN ACCRUAL METHOD DIFFERENT
THAN THAT SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION, PROVIDED THAT
S. 7506--A 65 A. 9506--A
THE ACCRUAL IS ON A REGULAR BASIS SO THAT AN EMPLOYEE, INCLUDING AN
EMPLOYEE HIRED INTO THAT CLASS AFTER JANUARY FIRST TWO THOUSAND TWENTY,
HAS NOT LESS THAN ONE DAY OF ACCRUED SICK LEAVE OR PAID TIME OFF WITHIN
TWO MONTHS OF EMPLOYMENT OF EACH CALENDAR YEAR, OR EACH TWELVE MONTH
PERIOD, AND THE EMPLOYEE WAS ELIGIBLE TO EARN AT LEAST THE APPLICABLE
NUMBER OF DAYS SET FORTH IN THIS SUBDIVISION WITHIN NINE MONTHS OF
EMPLOYMENT. IF AN EMPLOYER MODIFIES THE ACCRUAL METHOD USED IN THE POLI-
CY IT HAD IN PLACE PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, THE
EMPLOYER SHALL COMPLY WITH ANY ACCRUAL METHOD SET FORTH IN THIS SUBDIVI-
SION OR PROVIDE THE FULL AMOUNT OF LEAVE AT THE BEGINNING OF EACH YEAR
OF EMPLOYMENT, CALENDAR YEAR, OR TWELVE MONTH PERIOD. THIS SECTION DOES
NOT PROHIBIT THE EMPLOYER FROM INCREASING THE ACCRUAL AMOUNT OR RATE FOR
A CLASS OF EMPLOYEES COVERED BY THIS SUBDIVISION; OR
III. IS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT THAT (A)
EXPRESSLY WAIVES THE RIGHTS AFFORDED UNDER THIS SECTION AND (B) SUCH
AGREEMENT PROVIDES FOR A COMPARABLE BENEFIT FOR THE EMPLOYEES COVERED BY
SUCH AGREEMENT IN THE FORM OF PAID DAYS OFF; SUCH PAID DAYS OFF SHALL BE
IN THE FORM OF LEAVE, COMPENSATION, OTHER EMPLOYEE BENEFITS, OR SOME
COMBINATION THEREOF. COMPARABLE BENEFITS SHALL INCLUDE, BUT ARE NOT
LIMITED TO, VACATION TIME, PERSONAL TIME, SAFE/SICK TIME, AND HOLIDAY
AND SUNDAY TIME PAY AT PREMIUM RATES. NOTWITHSTANDING THE FOREGOING, THE
PROVISIONS OF THIS CHAPTER SHALL NOT APPLY TO ANY EMPLOYEE IN THE
CONSTRUCTION OR GROCERY INDUSTRY COVERED BY A VALID COLLECTIVE BARGAIN-
ING AGREEMENT IF SUCH PROVISIONS ARE EXPRESSLY WAIVED IN SUCH COLLECTIVE
BARGAINING AGREEMENT.
8. ANY PAID SICK LEAVE BENEFITS PROVIDED BY A SICK LEAVE PROGRAM
ENFORCED BY A MUNICIPAL CORPORATION IN EFFECT AS OF THE EFFECTIVE DATE
OF THIS CHAPTER THAT PROVIDES SICK LEAVE FOR DOMESTIC WORKERS SHALL NOT
BE DIMINISHED OR LIMITED AS A RESULT OF THE ENACTMENT OF THIS CHAPTER.
§ 2. This act shall take effect one year after it shall have become a
law.
PART K
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 L of chapter 56 of the laws of 2019, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$148.00] $150.00 for each month beginning on or after
January first, two thousand [nineteen] TWENTY.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$171.00] $174.00 for each month beginning on
or after January first, two thousand [nineteen] TWENTY.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$204.00] $207.00 for each month
beginning on or after January first, two thousand [nineteen] TWENTY.
(d) for the period commencing January first, two thousand [twenty]
TWENTY-ONE, 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
S. 7506--A 66 A. 9506--A
thousand [twenty] TWENTY-ONE, but prior to June thirtieth, two thousand
[twenty] TWENTY-ONE, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
L of chapter 56 of the laws of 2019, are amended to read as follows:
(a) On and after January first, two thousand [nineteen] TWENTY, for an
eligible individual living alone, [$858.00] $870.00; and for an eligible
couple living alone, [$1,261.00] $1,279.00.
(b) On and after January first, two thousand [nineteen] TWENTY, for an
eligible individual living with others with or without in-kind income,
[$794.00] $806.00; and for an eligible couple living with others with or
without in-kind income, [$1,203.00] $1,221.00.
(c) On and after January first, two thousand [nineteen] TWENTY, (i)
for an eligible individual receiving family care, [$1,037.48] $1,049.48
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, [$999.48]
$1,011.48; 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 [nineteen] TWENTY, (i)
for an eligible individual receiving residential care, [$1,206.00]
$1,218.00 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, [$1,176.00] $1,188.00; 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) On and after January first, two thousand [nineteen] TWENTY, (i)
for an eligible individual receiving enhanced residential care,
[$1,465.00] $1,477.00; 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 [twenty] TWENTY-ONE
but prior to June thirtieth, two thousand [twenty] TWENTY-ONE.
§ 3. This act shall take effect December 31, 2020.
PART L
Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
ARTICLE 5-C
JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
PART 1. GENERAL PROVISIONS (581-101 - 581-102)
2. JUDGMENT OF PARENTAGE (581-201 - 581-206)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
S. 7506--A 67 A. 9506--A
4. SURROGACY AGREEMENT (581-401 - 581-409)
5. PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES (581-501 -
581-502)
6. SURROGATES' BILL OF RIGHTS (581-601 - 581-607)
7. MISCELLANEOUS PROVISIONS (581-701 - 581-704)
PART 1
GENERAL PROVISIONS
SECTION 581-101. PURPOSE.
581-102. DEFINITIONS.
§ 581-101. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN BORN TO A
PERSON ACTING AS SURROGATE WHO CONTRIBUTED THE EGG USED IN CONCEPTION.
NO FERTILIZED EGG, EMBRYO OR FETUS SHALL HAVE ANY INDEPENDENT RIGHTS
UNDER THE LAWS OF THIS STATE, NOR SHALL ANY FERTILIZED EGG, EMBRYO OR
FETUS BE VIEWED AS A CHILD UNDER THE LAWS OF THIS STATE.
§ 581-102. DEFINITIONS. (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
CAUSING PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS NOT
LIMITED TO:
1. INTRAUTERINE OR VAGINAL INSEMINATION;
2. DONATION OF GAMETES;
3. DONATION OF EMBRYOS;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(B) "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
DETERMINED UNDER THIS ACT OR OTHER LAW.
(C) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION IN
EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
(D) "DONOR" MEANS AN INDIVIDUAL WHO DOES NOT INTEND TO BE A PARENT WHO
PRODUCES GAMETES AND PROVIDES THEM TO ANOTHER PERSON, OTHER THAN THE
INDIVIDUAL'S SPOUSE, FOR USE IN ASSISTED REPRODUCTION. THE TERM DOES
NOT INCLUDE A PERSON WHO IS A PARENT UNDER PART THREE OF THIS ARTICLE.
DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL CONTROL OF AN
EMBRYO OR GAMETES WHO THEN TRANSFERS DISPOSITIONAL CONTROL AND RELEASES
ALL PRESENT AND FUTURE PARENTAL AND INHERITANCE RIGHTS AND OBLIGATIONS
TO A RESULTING CHILD.
(E) "EMBRYO" MEANS A CELL OR GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP OF SUCH CELLS, NOT A GAMETE OR
GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY OF A PERSON UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
(F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(G) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA THAT
HAS THE POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS SHALL BE CONSIDERED GAMETES. A HUMAN GAMETE USED OR
INTENDED FOR REPRODUCTION MAY NOT CONTAIN NUCLEAR DNA THAT HAS BEEN
DELIBERATELY ALTERED, OR NUCLEAR DNA FROM ONE HUMAN COMBINED WITH THE
CYTOPLASM OR CYTOPLASMIC DNA OF ANOTHER HUMAN BEING.
(H) "INDEPENDENT ESCROW AGENT" MEANS SOMEONE OTHER THAN THE PARTIES TO
A SURROGACY AGREEMENT AND THEIR ATTORNEYS. AN INDEPENDENT ESCROW AGENT
CAN, BUT NEED NOT, BE A SURROGACY PROGRAM, PROVIDED SUCH SURROGACY
PROGRAM IS OWNED OR MANAGED BY AN ATTORNEY LICENSED TO PRACTICE LAW IN
S. 7506--A 68 A. 9506--A
THE STATE OF NEW YORK. IF SUCH INDEPENDENT ESCROW AGENT IS NOT ATTORNEY
OWNED, IT SHALL BE LICENSED, BONDED AND INSURED.
(I) "SURROGACY AGREEMENT" IS AN AGREEMENT BETWEEN AT LEAST ONE
INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
LIVE BIRTH WHERE THE CHILD WILL BE THE LEGAL CHILD OF THE INTENDED
PARENTS.
(J) "PERSON ACTING AS SURROGATE" MEANS AN ADULT PERSON, NOT AN
INTENDED PARENT, WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR A CHILD
WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD.
(K) "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A SIMILAR LAW OF ANOTHER
STATE OR COUNTRY, ACTING WITHIN HIS OR HER SCOPE OF PRACTICE.
(L) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO BE
LEGALLY BOUND AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
UCTION OR A SURROGACY AGREEMENT PROVIDED HE OR SHE MEETS THE REQUIRE-
MENTS OF THIS ARTICLE.
(M) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
(N) "PARENT" AS USED IN THIS ARTICLE MEANS AN INDIVIDUAL WITH A
PARENT-CHILD RELATIONSHIP CREATED OR RECOGNIZED UNDER THIS ACT OR OTHER
LAW.
(O) "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE THAT
IS USED IN ASSISTED REPRODUCTION, IS AN INTENDED PARENT, IS A PERSON
ACTING AS SURROGATE, OR IS THE SPOUSE OF AN INTENDED PARENT OR PERSON
ACTING AS SURROGATE.
(P) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(Q) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(R) "SPOUSE" MEANS AN INDIVIDUAL MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED STATES OR
OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR DOMESTIC PARTNER-
SHIP.
(S) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
(T) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES INTO THE
BODY OF A PERSON WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
PART 2
JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-205. INSPECTION OF RECORDS.
581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION.
§ 581-201. JUDGMENT OF PARENTAGE. (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD UNDER THE CIRCUMSTANCES
S. 7506--A 69 A. 9506--A
SET FORTH IN THIS ARTICLE. THIS PROCEEDING IS GOVERNED BY THE CIVIL
PRACTICE LAW AND RULES.
(B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(C) A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION MAY BE INITIATED BY (1) A CHILD,
OR (2) A PARENT, OR (3) A PARTICIPANT, OR (4) A PERSON WITH A CLAIM TO
PARENTAGE, OR (5) SOCIAL SERVICES OFFICIAL OR OTHER GOVERNMENTAL AGENCY
AUTHORIZED BY OTHER LAW, OR (6) A REPRESENTATIVE AUTHORIZED BY LAW TO
ACT FOR AN INDIVIDUAL WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN A
PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO
LEGALLY ESTABLISH THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD BORN
THROUGH ASSISTED REPRODUCTION UNDER PART THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A SURROGACY AGREEMENT UNDER PART FOUR OF THIS
ARTICLE.
§ 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
THROUGH ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF
PARENTAGE WITH RESPECT TO A CHILD CONCEIVED THROUGH ASSISTED REPROD-
UCTION MAY BE COMMENCED:
(1) IF THE INTENDED PARENT OR CHILD RESIDES IN NEW YORK STATE, IN THE
COUNTY WHERE THE INTENDED PARENT RESIDES ANY TIME AFTER PREGNANCY IS
ACHIEVED OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
(2) IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK STATE,
UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY WHERE THE
CHILD WAS BORN.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED.
(C) WHERE A PETITION INCLUDES THE FOLLOWING STATEMENTS, THE COURT MUST
ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE CHILD:
(1) A STATEMENT THAT AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF AN INTENDED PARENT IS NOT A NEW
YORK STATE RESIDENT, THAT THE CHILD WILL BE OR WAS BORN IN THE STATE
WITHIN NINETY DAYS OF FILING; AND
(2) A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE GESTATING
INTENDED PARENT BECAME PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
AND
(3) IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A STATE-
MENT FROM THE GESTATING INTENDED PARENT AND NON-GESTATING INTENDED
PARENT THAT THE NON-GESTATING INTENDED PARENT CONSENTED TO ASSISTED
REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
(4) PROOF OF ANY DONOR'S DONATIVE INTENT.
(D) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
PREVIOUSLY BEEN RELEASED TO A GAMETE OR EMBRYO STORAGE FACILITY OR IN
THE PRESENCE OF A HEALTH CARE PRACTITIONER, EITHER:
(I) A STATEMENT OR DOCUMENTATION FROM THE GAMETE OR EMBRYO STORAGE
FACILITY OR HEALTH CARE PRACTITIONER STATING OR DEMONSTRATING THAT SUCH
GAMETES OR EMBRYOS WERE ANONYMOUSLY DONATED OR HAD PREVIOUSLY BEEN
RELEASED; OR
(II) CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
INTENDED TO DONATE GAMETES OR EMBRYOS ANONYMOUSLY OR INTENDED TO RELEASE
SUCH GAMETES OR EMBRYOS TO A GAMETE OR EMBRYO STORAGE FACILITY OR HEALTH
CARE PRACTITIONER; OR
(2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A. A RECORD
FROM THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
ING THAT THE DONOR HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE
S. 7506--A 70 A. 9506--A
GAMETES OR EMBRYOS. THE RECORD SHALL BE SIGNED BY THE GESTATING
INTENDED PARENT AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY BE, BUT
IS NOT REQUIRED TO BE, SIGNED:
(I) BEFORE A NOTARY PUBLIC, OR
(II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
(III) BEFORE A HEALTH CARE PRACTITIONER; OR
B. CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT THAT THE DONOR
HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
(E)(1) IN THE ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE DATE SET FOR THE PROCEEDING TO DETERMINE THE EXISTENCE OF
DONATIVE INTENT BY DELIVERY OF A COPY OF THE PETITION AND NOTICE. UPON A
SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE, ON OR BEFORE THE DATE
OF THE PROCEEDING OR WITHIN SUCH FURTHER TIME AS THE COURT MAY ALLOW,
THAT PERSONAL SERVICE CANNOT BE EFFECTED AT THE DONOR'S LAST KNOWN
ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT PRIOR COURT
ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEEDING BY REGIS-
TERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN ADDRESS.
NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A DONOR ENTI-
TLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
(2) NOTWITHSTANDING THE ABOVE, WHERE SPERM IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PRACTITIONER TO SOMEONE OTHER THAN THE
SPERM PROVIDER'S INTIMATE PARTNER OR SPOUSE WITHOUT A RECORD OF THE
SPERM PROVIDER'S INTENT TO PARENT NOTICE IS NOT REQUIRED.
(F) IN CASES NOT COVERED BY SUBDIVISION (C) OF THIS SECTION, THE COURT
SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH PART THREE
OF THIS ARTICLE.
(G) WHERE THE REQUIREMENTS OF SUBDIVISION (C) OF THIS SECTION ARE MET
OR WHERE THE COURT FINDS THE INTENDED PARENT TO BE A PARENT UNDER SUBDI-
VISION (E) OF THIS SECTION, THE COURT SHALL ISSUE A JUDGMENT OF PARENT-
AGE:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
OR PARENTS IS OR ARE THE LEGAL PARENT OR PARENTS OF THE CHILD; AND
(2) ORDERING THE INTENDED PARENT OR PARENTS TO ASSUME RESPONSIBILITY
FOR THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
(3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT A PARENT OF
THE CHILD; AND
(4) ORDERING THAT:
(I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
THE CLERK OF THE COURT SHALL TRANSMIT TO THE STATE COMMISSIONER OF
HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
AS MAY ASSIST IN IDENTIFYING THE BIRTH RECORD OF THE PERSON WHOSE
PARENTAGE WAS IN ISSUE AND, IF SUCH PERSON WHOSE PARENTAGE HAS BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
FORTHWITH TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES
PURSUANT TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES
LAW A NOTIFICATION OF SUCH DETERMINATION; AND
(II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
OF A JUDGMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
S. 7506--A 71 A. 9506--A
ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND THE BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
OUSLY ISSUED BIRTH CERTIFICATE.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
PURSUANT TO A SURROGACY AGREEMENT. (A) THE PROCEEDING MAY BE COMMENCED
(1) IN ANY COUNTY WHERE AN INTENDED PARENT RESIDED ANY TIME AFTER THE
SURROGACY AGREEMENT WAS EXECUTED; (2) IN THE COUNTY WHERE THE CHILD WAS
BORN OR RESIDES; OR (3) IN THE COUNTY WHERE THE SURROGATE RESIDED ANY
TIME AFTER THE SURROGACY AGREEMENT WAS EXECUTED.
(B) THE PROCEEDING MAY BE COMMENCED AT ANY TIME AFTER THE SURROGACY
AGREEMENT HAS BEEN EXECUTED AND THE PERSON ACTING AS SURROGATE AND ALL
INTENDED PARENTS ARE NECESSARY PARTIES.
(C) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINE-
TY DAYS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
(2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
OR PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
(3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT THEY
KNOWINGLY AND VOLUNTARILY ENTERED INTO THE SURROGACY AGREEMENT AND THAT
THE PARTIES ARE JOINTLY REQUESTING THE JUDGMENT OF PARENTAGE.
(D) WHERE A PETITION SATISFIES SUBDIVISION (C) OF THIS SECTION THE
COURT SHALL ISSUE A JUDGMENT OF PARENTAGE, WITHOUT ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS ARE THE ONLY
LEGAL PARENT OR PARENTS OF THE CHILD;
(2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE PERSON ACTING AS SURROGATE, AND THE
SPOUSE OF THE PERSON ACTING AS SURROGATE, IF ANY, IS NOT THE LEGAL
PARENT OF THE CHILD;
(3) DECLARING THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM OF
THE SURROGACY AGREEMENT, THE DONORS, IF ANY, ARE NOT THE PARENTS OF THE
CHILD;
(4) ORDERING THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE
PERSON ACTING AS SURROGATE, IF ANY, TO TRANSFER THE CHILD TO THE
INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED;
(5) ORDERING THE INTENDED PARENT OR PARENTS TO ASSUME RESPONSIBILITY
FOR THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
(6) ORDERING THAT:
(I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
THE CLERK OF THE COURT SHALL TRANSMIT TO THE STATE COMMISSIONER OF
HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
AS MAY ASSIST IN IDENTIFYING THE BIRTH RECORD OF THE PERSON WHOSE
PARENTAGE WAS IN ISSUE AND, IF THE PERSON WHOSE PARENTAGE HAS BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES PURSUANT
TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES LAW A
NOTIFICATION OF THE DETERMINATION; AND
(II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
S. 7506--A 72 A. 9506--A
OF A JUDGEMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND THE BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
OUSLY ISSUED BIRTH CERTIFICATE.
(E) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (C) OF THIS SECTION CANNOT BE MADE BECAUSE OF A TECHNICAL OR
NON-MATERIAL DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE COURT
MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF PARENTAGE
IF THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL COMPLIANCE WITH
THE REQUIREMENTS OF THIS ARTICLE. IN THE EVENT THAT ANY OTHER REQUIRE-
MENTS OF SUBDIVISION (C) ARE NOT MET, THE COURT SHALL DETERMINE PARENT-
AGE ACCORDING TO PART FOUR OF THIS ARTICLE.
§ 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
APPLY, A JUDGMENT OF PARENTAGE MAY BE OBTAINED UNDER THIS PART BY
INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE. NOTHING IN THIS SECTION
REQUIRES INTENDED PARENTS TO BE MARRIED TO EACH OTHER IN ORDER TO BE
JOINTLY DECLARED THE PARENTS OF THE CHILD.
§ 581-205. INSPECTION OF RECORDS. COURT RECORDS RELATING TO
PROCEEDINGS UNDER THIS ARTICLE SHALL BE SEALED, PROVIDED, HOWEVER, THAT
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, A CHILD SUPPORT UNIT
OF A SOCIAL SERVICES DISTRICT OR A CHILD SUPPORT AGENCY OF ANOTHER STATE
PROVIDING CHILD SUPPORT SERVICES PURSUANT TO TITLE IV-D OF THE FEDERAL
SOCIAL SECURITY ACT, TO THE EXTENT NECESSARY TO PROVIDE CHILD SUPPORT
SERVICES OR FOR THE ADMINISTRATION OF THE PROGRAM PURSUANT TO TITLE IV-D
OF THE FEDERAL SOCIAL SECURITY ACT, MAY OBTAIN A COPY OF A JUDGMENT OF
PARENTAGE. THE PARTIES TO THE PROCEEDING AND THE CHILD SHALL HAVE THE
RIGHT TO INSPECT THE ENTIRE COURT RECORD, INCLUDING, BUT NOT LIMIT-
ED TO, THE NAME OF THE PERSON ACTING AS SURROGATE AND ANY KNOWN DONORS.
§ 581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION. (A)
PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME OR
FAMILY COURT OR SURROGATES COURT.
(B) SUBJECT TO THE JURISDICTIONAL STANDARDS OF SECTION SEVENTY-SIX OF
THE DOMESTIC RELATIONS LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS
ARTICLE HAS EXCLUSIVE, CONTINUING JURISDICTION OF ALL MATTERS RELATING
TO THE DETERMINATION OF PARENTAGE UNTIL THE CHILD ATTAINS THE AGE OF ONE
HUNDRED EIGHTY DAYS.
PART 3
CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
581-302. STATUS OF DONOR.
581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
581-304. CONSENT TO ASSISTED REPRODUCTION.
581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION.
581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSI-
TIONAL CONTROL TO ONE INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
§ 581-301. SCOPE OF ARTICLE. THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
S. 7506--A 73 A. 9506--A
§ 581-302. STATUS OF DONOR. A DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION WHERE THERE IS PROOF OF
DONATIVE INTENT UNDER SECTION 581-202(D) OF THIS ARTICLE.
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS TO, ASSISTED REPROD-
UCTION WITH THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS PART, IS A
PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
(B) THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE PURSUANT TO THIS
ARTICLE UPON APPLICATION BY ANY PARTICIPANT.
§ 581-304. CONSENT TO ASSISTED REPRODUCTION. (A) WHERE THE INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
SPOUSE, THE CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION IS
PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE OF THE CHILD,
EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
(B) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
ASSISTED REPRODUCTION IS NOT A SPOUSE, THE CONSENT TO THE ASSISTED
REPRODUCTION MUST BE IN A RECORD IN SUCH A MANNER AS TO INDICATE THE
MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A CHILD
TOGETHER.
(C) THE ABSENCE OF A RECORD DESCRIBED IN SUBDIVISION (B) OF THIS
SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT EXISTED IF THE
COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
THE CHILD TOGETHER.
§ 581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION. (A) NEITHER SPOUSE MAY CHALLENGE THE MARITAL
PRESUMPTION OF PARENTAGE OF A CHILD CREATED BY ASSISTED REPRODUCTION
DURING THE MARRIAGE UNLESS ONE SPOUSE USED ASSISTED REPRODUCTION WITHOUT
THE KNOWLEDGE AND CONSENT OF THE OTHER SPOUSE.
(B) NOTWITHSTANDING THE FOREGOING, A MARRIED INDIVIDUAL MAY USE
ASSISTED REPRODUCTION AND THE MARITAL PRESUMPTION SHALL NOT APPLY IF THE
SPOUSES:
(1) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
(2) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO THE USE OF ASSISTED REPRODUCTION.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL CONTROL TO ONE
INTENDED PARENT. (A) AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WITH JOINT DISPOSITIONAL CONTROL OF AN EMBRYO SHALL BE BINDING
UNDER THE FOLLOWING CIRCUMSTANCES:
(1) IT IS IN WRITING;
(2) EACH INTENDED PARENT HAD THE ADVICE OF INDEPENDENT LEGAL COUNSEL
PRIOR TO ITS EXECUTION; AND
(3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF LEGAL RIGHTS
AND DISPOSITIONAL CONTROL OCCURS ONLY UPON DIVORCE.
(B) THE INTENDED PARENT WHO TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL
CONTROL OF THE EMBRYO IS NOT A PARENT OF ANY CHILD CONCEIVED FROM THE
EMBRYO UNLESS THE AGREEMENT STATES THAT HE OR SHE CONSENTS TO BE A
S. 7506--A 74 A. 9506--A
PARENT AND THAT CONSENT IS NOT WITHDRAWN CONSISTENT WITH SUBDIVISION (C)
OF THIS SECTION.
(C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL CONSENTS TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER
CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
TY AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF
HE OR SHE TIMELY WITHDRAWS CONSENT TO BE A PARENT HE OR SHE IS NOT A
PARENT FOR ANY PURPOSE INCLUDING SUPPORT OBLIGATIONS BUT THE EMBRYO
TRANSFER MAY STILL PROCEED.
(D) AN EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT IS NOT
IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
BE ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS OF
THE PARTIES EXCEPT THAT THE INTENDED PARENT WHO DIVESTED HIM OR HERSELF
OF LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER CONSENT. THE PARENT AWARDED
LEGAL RIGHTS AND DISPOSITIONAL CONTROL OF THE EMBRYOS SHALL, IN THIS
INSTANCE, BE DECLARED TO BE THE ONLY PARENT OF THE CHILD.
§ 581-307. EFFECT OF DEATH OF INTENDED PARENT. IF AN INDIVIDUAL WHO
CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION DIES
BEFORE THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED INDIVIDUAL
IS NOT A PARENT OF THE RESULTING CHILD UNLESS THE DECEASED INDIVIDUAL
CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
AFTER DEATH, THE DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES, POWERS AND TRUSTS
LAW.
PART 4
SURROGACY AGREEMENT
SECTION 581-401. SURROGACY AGREEMENT AUTHORIZED.
581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.
581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-405. TERMINATION OF SURROGACY AGREEMENT.
581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
581-407. INSUFFICIENT SURROGACY AGREEMENT.
581-408. ABSENCE OF SURROGACY AGREEMENT.
581-409. DISPUTE AS TO SURROGACY AGREEMENT.
§ 581-401. SURROGACY AGREEMENT AUTHORIZED. (A) IF ELIGIBLE UNDER THIS
ARTICLE TO ENTER INTO A SURROGACY AGREEMENT, A PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, AND
THE INTENDED PARENT OR PARENTS MAY ENTER INTO A SURROGACY AGREEMENT
WHICH WILL BE ENFORCEABLE PROVIDED THE SURROGACY AGREEMENT MEETS THE
REQUIREMENTS OF THIS ARTICLE.
(B) A SURROGACY AGREEMENT SHALL NOT APPLY TO THE BIRTH OF A CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE, OR WHERE THE PERSON ACTING AS
SURROGATE CONTRIBUTED THE EGG USED IN CONCEPTION.
(C) A SURROGACY AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
§ 581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT. (A) A PERSON
ACTING AS SURROGATE SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
SURROGACY AGREEMENT UNDER THIS ARTICLE IF THE PERSON ACTING AS SURROGATE
HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
IS EXECUTED:
(1) THE PERSON ACTING AS SURROGATE IS AT LEAST TWENTY-ONE YEARS OF
AGE; AND
S. 7506--A 75 A. 9506--A
(2) THE PERSON ACTING AS SURROGATE IS A UNITED STATES CITIZEN OR A
LAWFUL PERMANENT RESIDENT OR OTHER HABITUAL RESIDENT;
(3) THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO
CONCEIVE THE RESULTING CHILD; AND
(4) THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL EVALUATION
WITH A HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY;
AND
(5) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHO IS LICENSED TO
PRACTICE LAW IN THE STATE OF NEW YORK WHICH SHALL BE PAID FOR BY THE
INTENDED PARENT OR PARENTS EXCEPT THAT A PERSON ACTING AS SURROGATE WHO
IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
PARENT OR PARENTS PAY THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED
PARENT OR PARENTS ARE PAYING FOR THE INDEPENDENT LEGAL COUNSEL OF THE
PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON ACTING AS
SURROGATE, IF APPLICABLE, A SEPARATE RETAINER AGREEMENT SHALL BE
PREPARED CLEARLY STATING THAT SUCH LEGAL COUNSEL WILL ONLY REPRESENT THE
PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
GATE, IF APPLICABLE, IN ALL MATTERS PERTAINING TO THE SURROGACY AGREE-
MENT, THAT SUCH LEGAL COUNSEL WILL NOT OFFER LEGAL ADVICE TO ANY OTHER
PARTIES TO THE SURROGACY AGREEMENT, AND THAT THE ATTORNEY-CLIENT
RELATIONSHIP LIES WITH THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF
THE PERSON ACTING AS SURROGATE, IF APPLICABLE; AND
(6) THE PERSON ACTING AS SURROGATE HAS, OR THE SURROGACY AGREEMENT
STIPULATES THAT PRIOR TO THE EMBRYO TRANSFER, THE PERSON ACTING AS
SURROGATE WILL OBTAIN A COMPREHENSIVE HEALTH INSURANCE POLICY THAT
COVERS MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION AS WELL AS A SURRO-
GATE PREGNANCY; THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR
THROUGH REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT OR PARENTS
ON BEHALF OF THE PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY
AGREEMENT, IF SUCH POLICY COMES AT AN ADDITIONAL COST TO THE PERSON
ACTING AS A SURROGATE, EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS
RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
PARENT OR PARENTS PAY FOR THE HEALTH INSURANCE POLICY. THE INTENDED
PARENT OR PARENTS SHALL ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS
SURROGATE FOR ALL CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET
MEDICAL COSTS ASSOCIATED WITH THE MEDICAL EVALUATION, PSYCHOLOGICAL
SCREENING, EMBRYO TRANSFERS, PREGNANCY AND POST-NATAL CARE, THAT ACCRUE
THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE
PREGNANCY, EXCEPT THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR UP TO
SIX MONTHS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE PREGNANCY
IN THE EVENT A MEDICAL COMPLICATION RELATED TO THE PREGNANCY IS DIAG-
NOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF
THE PREGNANCY. A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO COMPEN-
SATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS MAKE
SUCH PAYMENTS OR REIMBURSEMENTS.
(B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
ENFORCEABLE SURROGACY AGREEMENT UNDER THIS ARTICLE IF HE, SHE OR THEY
HAVE MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
WAS EXECUTED:
(1) AT LEAST ONE INTENDED PARENT IS A UNITED STATES CITIZEN OR A
LAWFUL PERMANENT RESIDENT OR OTHER HABITUAL AND RESIDENT;
(2) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
S. 7506--A 76 A. 9506--A
BY INDEPENDENT LEGAL COUNSEL OF HIS, HER OR THEIR OWN CHOOSING WHO IS
LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK; AND
(3) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER SPOUSE IF:
(I) THEY ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT OF SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
(II) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT.
(C) WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY TO
THE AGREEMENT, THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL NOT HAVE
RIGHTS OR OBLIGATIONS TO THE CHILD.
§ 581-403. REQUIREMENTS OF SURROGACY AGREEMENT. A SURROGACY AGREEMENT
SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS ARTICLE AND
BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
(A) IT SHALL BE IN A SIGNED RECORD VERIFIED OR EXECUTED BEFORE TWO
NON-PARTY WITNESSES BY:
(1) EACH INTENDED PARENT, AND
(2) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
(I) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT OF SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
(II) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT; AND
(B) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
(C) IT SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE MEETING THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-402 OF THIS
PART AND BY THE SPOUSE OF THE PERSON ACTING AS SURROGATE, UNLESS THE
SIGNATURE OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE IS NOT
REQUIRED AS SET FORTH IN THIS SECTION; AND
(D) IT SHALL BE EXECUTED BY INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402 OF THIS
PART; AND
(E) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE, IF APPLICABLE, AND THE INTENDED PARENT OR PARENTS SHALL
HAVE BEEN REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE DURA-
TION OF THE CONTRACT AND ITS EXECUTION BY SEPARATE, INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING; AND
(F) IF THE SURROGACY AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE PERSON ACTING AS SURROGATE, THE FUNDS FOR BASE COMPEN-
SATION AND REASONABLE ANTICIPATED ADDITIONAL EXPENSES SHALL HAVE BEEN
PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE PERSON
ACTING AS SURROGATE COMMENCING WITH ANY MEDICAL PROCEDURE OTHER THAN
MEDICAL EVALUATIONS NECESSARY TO DETERMINE THE PERSON ACTING AS SURRO-
GATE'S ELIGIBILITY; AND
(G) THE SURROGACY AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW
THE INTENDED PARENT OR PARENTS WILL COVER THE MEDICAL EXPENSES OF THE
PERSON ACTING AS SURROGATE AND THE CHILD. IF COMPREHENSIVE HEALTH CARE
COVERAGE IS USED TO COVER THE MEDICAL EXPENSES, THE DISCLOSURE SHALL
INCLUDE A REVIEW AND SUMMARY OF THE HEALTH CARE POLICY PROVISIONS
S. 7506--A 77 A. 9506--A
RELATED TO COVERAGE AND EXCLUSIONS FOR THE PERSON ACTING AS SURROGATE'S
PREGNANCY.
(H) THE SURROGACY AGREEMENT MUST COMPLY WITH ALL OF THE FOLLOWING
TERMS:
(1) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE:
(I) THE PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
(II) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, AGREE TO SURRENDER CUSTODY OF ALL
RESULTING CHILDREN TO THE INTENDED PARENT OR PARENTS IMMEDIATELY UPON
BIRTH; AND
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE PERSON ACTING AS SURROGATE AND, IF APPLICABLE, THE
SPOUSE OF THE PERSON ACTING AS SURROGATE; AND
(IV) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURRO-
GATE TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEMSELVES AND
THEIR PREGNANCY INCLUDING BUT NOT LIMITED TO, WHETHER TO CONSENT TO A
CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, AND NOTWITHSTANDING ANY
OTHER PROVISIONS IN THIS CHAPTER, PROVISIONS IN THE AGREEMENT TO THE
CONTRARY ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH THE
RIGHT OF THE PERSON ACTING AS SURROGATE TO TERMINATE OR CONTINUE A PREG-
NANCY; AND
(V) THE SURROGACY AGREEMENT SHALL PERMIT THE PERSON ACTING AS A SURRO-
GATE TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER OF THE
PERSON'S CHOOSING; AND
(VI) THE SURROGACY AGREEMENT SHALL NOT LIMIT THE RIGHT OF THE PERSON
ACTING AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE OR
RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING; AND
(VII) THE SURROGACY AGREEMENT SHALL PROVIDE THAT, UPON THE PERSON
ACTING AS SURROGATE'S REQUEST, THE INTENDED PARENT OR PARENTS HAVE OR
WILL PROCURE AND PAY FOR A LIFE INSURANCE POLICY AND DISABILITY INSUR-
ANCE POLICY FOR THE PERSON ACTING AS SURROGATE; THE PERSON ACTING AS
SURROGATE MAY DESIGNATE THE BENEFICIARY OF THE PERSON'S CHOOSING; AND
(VIII) THE SURROGACY AGREEMENT SHALL PROVIDE FOR THE RIGHT OF THE
PERSON ACTING AS SURROGATE, UPON REQUEST, TO OBTAIN COUNSELING TO
ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
CY AGREEMENT. THE COST OF THAT COUNSELING SHALL BE PAID BY THE INTENDED
PARENT OR PARENTS.
(2) AS TO THE INTENDED PARENT OR PARENTS:
(I) THE INTENDED PARENT OR PARENTS AGREE TO ACCEPT CUSTODY OF ALL
RESULTING CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER,
OR MENTAL OR PHYSICAL CONDITION AND REGARDLESS OF WHETHER THE INTENDED
EMBRYOS WERE TRANSFERRED DUE TO A LABORATORY ERROR WITHOUT DIMINISHING
THE RIGHTS, IF ANY, OF ANYONE CLAIMING TO HAVE A SUPERIOR PARENTAL
INTEREST IN THE CHILD; AND
(II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE INTENDED PARENT OR PARENTS; AND
(IV) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS AND OBLI-
GATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY AGREEMENT
ARE NOT ASSIGNABLE; AND
(V) THE INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL, PRIOR TO
THE EMBRYO TRANSFER, DESIGNATING A GUARDIAN FOR ALL RESULTING CHILDREN
S. 7506--A 78 A. 9506--A
AND AUTHORIZING THEIR EXECUTOR TO PERFORM THE INTENDED PARENT'S OR
PARENTS' OBLIGATIONS PURSUANT TO THE SURROGACY AGREEMENT.
§ 581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL RELATION-
SHIP. (A) AFTER THE EXECUTION OF A SURROGACY AGREEMENT UNDER THIS ARTI-
CLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS SURRO-
GATE DOES NOT AFFECT THE VALIDITY OF A SURROGACY AGREEMENT, THE CONSENT
OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE AGREEMENT SHALL
NOT BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE SHALL
NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
(B) THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS DOES
NOT AFFECT THE RIGHTS, DUTIES AND RESPONSIBILITIES OF THE INTENDED
PARENTS AS OUTLINED IN THE SURROGACY AGREEMENT. AFTER THE EXECUTION OF
A SURROGACY AGREEMENT UNDER THIS ARTICLE, THE SUBSEQUENT SPOUSAL
RELATIONSHIP OF THE INTENDED PARENT DOES NOT AFFECT THE VALIDITY OF A
SURROGACY AGREEMENT, AND THE CONSENT OF THE SPOUSE OF THE INTENDED
PARENT TO THE AGREEMENT SHALL NOT BE REQUIRED.
§ 581-405. TERMINATION OF SURROGACY AGREEMENT. AFTER THE EXECUTION OF
A SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, OR
ANY INTENDED PARENT MAY TERMINATE THE SURROGACY AGREEMENT BY GIVING
NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES. UPON PROPER
TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL
OBLIGATIONS RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE INTENDED
PARENT OR PARENTS REMAINS RESPONSIBLE FOR ALL EXPENSES THAT ARE REIM-
BURSABLE UNDER THE AGREEMENT WHICH HAVE BEEN INCURRED BY THE PERSON
ACTING AS SURROGATE THROUGH THE DATE OF TERMINATION. UNLESS THE AGREE-
MENT PROVIDES OTHERWISE, THE PERSON ACTING AS SURROGATE IS ENTITLED TO
KEEP ALL PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH THE PERSON
IS ENTITLED UP UNTIL THE DATE OF TERMINATION. NEITHER A PERSON ACTING AS
SURROGATE NOR THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF ANY, IS
LIABLE TO THE INTENDED PARENT OR PARENTS FOR TERMINATING A SURROGACY
AGREEMENT AS PROVIDED IN THIS SECTION.
§ 581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT. UPON THE
BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
AGREEMENT THAT COMPLIES WITH THIS PART, EACH INTENDED PARENT IS, BY
OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
A SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
§ 581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE, THE AGREEMENT
IS NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE BEST INTERESTS OF THE
CHILD. AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A JUDGMENT OF LEGAL
PARENTAGE.
§ 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
AGREEMENT, THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
LAWS OF THIS STATE.
§ 581-409. DISPUTE AS TO SURROGACY AGREEMENT. (A) UNLESS THE SURROGA-
CY AGREEMENT PROVIDES FOR MANDATORY MEDIATION OR ARBITRATION, ANY
DISPUTE WHICH IS RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS
TO PARENTAGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETER-
MINE THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES. ANY
PROVISION THAT PURPORTS TO REQUIRE MANDATORY MEDIATION OR ARBITRATION OF
DISPUTES AS TO PARENTAGE SHALL BE VOID AND UNENFORCEABLE.
S. 7506--A 79 A. 9506--A
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE SURROGACY AGREEMENT, THE
INTENDED PARENT OR PARENTS AND THE PERSON ACTING AS SURROGATE SHALL BE
ENTITLED TO ALL REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE
RELATED TO THE SURROGACY AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE PERSON ACTING AS SURROGATE OF A SURROGACY AGREEMENT TERM
THAT REQUIRES THE PERSON ACTING AS SURROGATE TO BE IMPREGNATED OR TO
TERMINATE OR CONTINUE THE PREGNANCY OR TO REDUCE OR RETAIN THE NUMBER OF
FETUSES OR EMBRYOS THE PERSON ACTING AS SURROGATE IS CARRYING.
PART 5
PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
SECTION 581-501. REIMBURSEMENT.
581-502. COMPENSATION.
§ 581-501. REIMBURSEMENT. A DONOR WHO HAS ENTERED INTO A VALID AGREE-
MENT TO BE A DONOR MAY RECEIVE REIMBURSEMENT FROM AN INTENDED PARENT OR
PARENTS FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE DONATION
WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
§ 581-502. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A DONOR OR
PERSON ACTING AS SURROGATE BASED ON MEDICAL RISKS, PHYSICAL DISCOMFORT,
INCONVENIENCE AND THE RESPONSIBILITIES THEY ARE UNDERTAKING IN
CONNECTION WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION. UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR FOR THE RELEASE OF A PARENTAL INTEREST IN A CHILD.
(B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR PERSON ACTING AS
SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE
PARTIES, AND SAID PAYMENTS TO A PERSON ACTING AS SURROGATE SHALL NOT
EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO
EIGHT WEEKS AFTER THE BIRTH OF ANY RESULTING CHILDREN.
(C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
(E) COMPENSATION TO AN EMBRYO DONOR SHALL BE LIMITED TO STORAGE FEES,
TRANSPORTATION COSTS AND ATTORNEYS' FEES.
PART 6
SURROGATES' BILL OF RIGHTS
SECTION 581-601. APPLICABILITY.
581-602. HEALTH AND WELFARE DECISIONS.
581-603. INDEPENDENT LEGAL COUNSEL.
581-604. HEALTH INSURANCE AND MEDICAL COSTS.
581-605. COUNSELING.
581-606. LIFE AND DISABILITY INSURANCE.
581-607. TERMINATION OF SURROGACY AGREEMENT.
§ 581-601. APPLICABILITY. THE RIGHTS ENUMERATED IN THIS PART SHALL
APPLY TO ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
ANY SURROGACY AGREEMENT, JUDGMENT OF PARENTAGE, MEMORANDUM OF UNDER-
STANDING, VERBAL AGREEMENT OR CONTRACT TO THE CONTRARY. EXCEPT AS
OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR VERBAL AGREEMENT PURPORTING TO
WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS PART IS VOID AS AGAINST PUBLIC
POLICY. THE RIGHTS ENUMERATED IN THIS PART ARE NOT EXCLUSIVE, AND ARE
IN ADDITION TO ANY OTHER RIGHTS PROVIDED BY LAW, REGULATION, OR A SURRO-
GACY AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
§ 581-602. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS SURROGATE
HAS THE RIGHT TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEM-
S. 7506--A 80 A. 9506--A
SELF AND THEIR PREGNANCY, INCLUDING BUT NOT LIMITED TO WHETHER TO
CONSENT TO A CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, TO UTILIZE
THE SERVICES OF A HEALTH CARE PRACTITIONER OF THEIR CHOOSING, WHETHER TO
TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE
NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING.
§ 581-603. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
THE RIGHT TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE
DURATION OF THE SURROGACY AGREEMENT AND ITS EXECUTION BY INDEPENDENT
LEGAL COUNSEL OF THEIR OWN CHOOSING WHO IS LICENSED TO PRACTICE LAW IN
THE STATE OF NEW YORK, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
§ 581-604. HEALTH INSURANCE AND MEDICAL COSTS. A PERSON ACTING AS
SURROGATE MAY OBTAIN A COMPREHENSIVE HEALTH INSURANCE POLICY THAT COVERS
MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION AS WELL AS A SURROGATE
PREGNANCY; THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH
REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT OR PARENTS ON
BEHALF OF THE PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY
AGREEMENT, IF SUCH POLICY COMES AT AN ADDITIONAL COST TO THE PERSON
ACTING AS A SURROGATE. THE INTENDED PARENT OR PARENTS SHALL ALSO PAY FOR
OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL CO-PAYMENTS, DEDUCT-
IBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH PREGNAN-
CY, MEDICAL EVALUATION, PSYCHOLOGICAL SCREENING OR EMBRYO TRANSFERS THAT
ACCRUE THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION
OF THE PREGNANCY, EXCEPT THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR
UP TO SIX MONTHS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE
PREGNANCY IN THE EVENT A MEDICAL COMPLICATION RELATED TO THE PREGNANCY
IS DIAGNOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMI-
NATION OF THE PREGNANCY.
§ 581-605. COUNSELING. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO
OBTAIN COUNSELING TO ADDRESS ISSUES RESULTING FROM THEIR PARTICIPATION
IN A SURROGACY AGREEMENT, TO BE PAID FOR BY THE INTENDED PARENT OR
PARENTS.
§ 581-606. LIFE AND DISABILITY INSURANCE. A PERSON ACTING AS SURROGATE
MAY OBTAIN A LIFE INSURANCE POLICY AND DISABILITY INSURANCE POLICY WITH
A BENEFICIARY OR BENEFICIARIES OF THEIR CHOOSING, TO BE PAID FOR BY THE
INTENDED PARENT OR PARENTS.
§ 581-607. TERMINATION OF SURROGACY AGREEMENT. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO TERMINATE A SURROGACY AGREEMENT PRIOR TO
BECOMING PREGNANT BY MEANS OF ASSISTED REPRODUCTION PURSUANT TO SECTION
581-405 OF THIS ARTICLE.
PART 7
MISCELLANEOUS PROVISIONS
SECTION 581-701. REMEDIAL.
581-702. SEVERABILITY.
581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-704. INTERPRETATION.
§ 581-701. REMEDIAL. THIS LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-702. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
§ 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
S. 7506--A 81 A. 9506--A
INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
OTHER RELEVANT LAW.
§ 581-704. INTERPRETATION. UNLESS THE CONTEXT INDICATES OTHERWISE,
WORDS IMPORTING THE SINGULAR INCLUDE AND APPLY TO SEVERAL PERSONS,
PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
§ 2. Section 73 of the domestic relations law is REPEALED.
§ 3. Section 121 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 121. Definitions. When used in this article, unless the context or
subject matter manifestly requires a different interpretation:
1.[ "Birth mother"] "GENETIC SURROGATE" shall mean a [woman] PERSON
who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
a GENETIC surrogate parenting [contract] AGREEMENT.
2. ["Genetic father" shall mean a man who provides sperm for the birth
of a child born pursuant to a surrogate parenting contract.
3. "Genetic mother" shall mean a woman who provides an ovum for the
birth of a child born pursuant to a surrogate parenting contract.
4. "Surrogate parenting contract"] "GENETIC SURROGATE PARENTING AGREE-
MENT" shall mean any agreement, oral or written, in which:
(a) a [woman] GENETIC SURROGATE agrees either to be inseminated with
the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or to
be impregnated with an embryo that is the product of [an] THE GENETIC
SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is not
[her husband] THEIR SPOUSE; and
(b) the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
or consent to the adoption of the child born as a result of such insemi-
nation or impregnation.
§ 4. Section 122 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 122. Public policy. [Surrogate] GENETIC SURROGATE parenting
[contracts] AGREEMENTS are hereby declared contrary to the public policy
of this state, and are void and unenforceable.
§ 5. Section 123 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 123. Prohibitions and penalties. [1.] No person or other entity
shall knowingly request, accept, receive, pay or give any fee, compen-
sation or other remuneration, directly or indirectly, in connection with
any GENETIC surrogate parenting [contract] AGREEMENT, or induce, arrange
or otherwise assist in arranging a GENETIC surrogate parenting
[contract] AGREEMENT for a fee, compensation or other remuneration,
except for:
(a) payments in connection with the adoption of a child permitted by
subdivision six of section three hundred seventy-four of the social
services law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
(b) payments for reasonable and actual medical fees and hospital
expenses for artificial insemination or in vitro fertilization services
incurred by the [mother] GENETIC SURROGATE in connection with the birth
of the child.
[2. (a) A birth mother or her husband, a genetic father and his wife,
and, if the genetic mother is not the birth mother, the genetic mother
and her husband who violate this section shall be subject to a civil
penalty not to exceed five hundred dollars.
(b) Any other person or entity who or which induces, arranges or
otherwise assists in the formation of a surrogate parenting contract for
a fee, compensation or other remuneration or otherwise violates this
S. 7506--A 82 A. 9506--A
section shall be subject to a civil penalty not to exceed ten thousand
dollars and forfeiture to the state of any such fee, compensation or
remuneration in accordance with the provisions of subdivision (a) of
section seven thousand two hundred one of the civil practice law and
rules, for the first such offense. Any person or entity who or which
induces, arranges or otherwise assists in the formation of a surrogate
parenting contract for a fee, compensation or other remuneration or
otherwise violates this section, after having been once subject to a
civil penalty for violating this section, shall be guilty of a felony.]
§ 6. Section 124 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 124. Proceedings regarding parental rights, status or obligations.
In any action or proceeding involving a PURPORTED GENETIC SURROGACY
PARENTING AGREEMENT, [dispute between the birth mother and (i) the
genetic father, (ii) the genetic mother, (iii) both the genetic father
and genetic mother, or (iv) the parent or parents of the genetic father
or genetic mother, regarding parental rights, status or obligations with
respect to a child born pursuant to a surrogate parenting contract] THE
PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON THE LAWS OF NEW YORK
STATE AND:
1. the court shall not consider the [birth mother's] GENETIC SURRO-
GATE'S participation in a GENETIC surrogate parenting [contract] AGREE-
MENT as adverse to [her] THEIR parental rights, status, or obligations;
and
2. the court, having regard to the circumstances of the case and of
the respective parties including the parties' relative ability to pay
such fees and expenses, in its discretion and in the interests of
justice, may award to either party reasonable and actual counsel fees
and legal expenses incurred in connection with such action or proceed-
ing. Such award may be made in the order or judgment by which the
particular action or proceeding is finally determined, or by one or
more orders from time to time before the final order or judgment, or by
both such order or orders and the final order or judgment; provided,
however, that in any dispute involving a [birth mother] GENETIC SURRO-
GATE who has executed a valid surrender or consent to the adoption,
nothing in this section shall empower a court to make any award that it
would not otherwise be empowered to direct.
§ 7. Section 4135 of the public health law, subdivision 1 as amended
by chapter 201 of the laws of 1972, subdivision 2 as amended by chapter
398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
laws of 1980, is amended to read as follows:
§ 4135. Birth certificate; child born out of wedlock. 1. (a) There
shall be no specific statement on the birth certificate as to whether
the child is born in wedlock or out of wedlock or as to the marital name
or status of the mother.
(b) The phrase "child born out of wedlock" when used in this article,
refers to a child whose father is not its mother's husband.
2. The name of the [putative] ALLEGED father of a child born out of
wedlock shall not be entered on the certificate of birth prior to filing
without (i) an acknowledgment of [paternity] PARENTAGE pursuant to
section one hundred eleven-k of the social services law or section four
thousand one hundred thirty-five-b of this article executed by both the
mother and [putative] ALLEGED father, and filed with the record of
birth; or (ii) notification having been received by, or proper proof
having been filed with, the record of birth by the clerk of a court of
S. 7506--A 83 A. 9506--A
competent jurisdiction or the parents, or their attorneys of a judgment,
order or decree relating to parentage.
3. Orders relating to parentage shall be held confidential by the
commissioner and shall not be released or otherwise divulged except by
order of a court of competent jurisdiction.
§ 8. Section 4135-b of the public health law, as added by chapter 59
of the laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of
the laws of 2013, and subdivision 3 as amended by chapter 170 of the
laws of 1994, is amended to read as follows:
§ 4135-b. Voluntary acknowledgments of [paternity; child born out of
wedlock] PARENTAGE. 1. (a) Immediately preceding or following the
in-hospital birth of a child to an unmarried [woman] PERSON OR TO A
PERSON WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH ASSISTED
REPRODUCTION, the person in charge of such hospital or his or her desig-
nated representative shall provide to the [child's mother and putative]
UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND THE ALLEGED [father]
GENETIC PARENT, if such [father] ALLEGED GENETIC PARENT IS READILY IDEN-
TIFIABLE AND AVAILABLE, OR TO THE PERSON WHO GAVE BIRTH AND THE OTHER
INTENDED PARENT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION IF
SUCH PERSON is readily identifiable and available, the documents and
written instructions necessary for such [mother] PERSON OR TO A PERSON
WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION and
[putative father] ALLEGED PERSONS to complete an acknowledgment of
[paternity] PARENTAGE witnessed by two persons not related to the signa-
tory. Such acknowledgment, if signed by both parties, at any time
following the birth of a child, shall be filed with the registrar at the
same time at which the certificate of live birth is filed, if possible,
or anytime thereafter. Nothing herein shall be deemed to require the
person in charge of such hospital or his or her designee to seek out or
otherwise locate [a putative] AN ALLEGED [father] GENETIC PARENT OR
INTENDED PARENT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION who
is not readily identifiable or available.
(B) THE FOLLOWING PERSONS MAY SIGN AN ACKNOWLEDGMENT OF PARENTAGE TO
ESTABLISH THE PARENTAGE OF THE CHILD:
(I) AN UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND ANOTHER PERSON
WHO IS A GENETIC PARENT.
(II) A MARRIED OR UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND
ANOTHER PERSON WHO IS AN INTENDED PARENT UNDER SECTION 581-303 OF THE
FAMILY COURT ACT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
(C) AN ACKNOWLEDGMENT OF PARENTAGE SHALL BE IN A RECORD SIGNED BY THE
PERSON WHO GAVE BIRTH TO THE CHILD AND BY EITHER THE GENETIC PARENT
OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD OR A PERSON WHO IS A
PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF THE CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
(D) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
(I) A PERSON OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
CHILD UNDER SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
(II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
(III) ANOTHER PERSON HAS SIGNED A VALID ACKNOWLEDGMENT OF PARENTAGE
WITH REGARD TO THE CHILD;
(IV) THE CHILD HAS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT
ACT OTHER THAN THE SIGNATORIES;
(V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE FAMILY
COURT ACT;
S. 7506--A 84 A. 9506--A
(VI) THE ACKNOWLEDGMENT IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
THROUGH ASSISTED REPRODUCTION.
(E) The acknowledgment shall be executed on a form provided by the
commissioner developed in consultation with the [appropriate] commis-
sioner of the [department of family assistance] OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, which shall: (I) include the social security
number of the [mother and of the putative father and] SIGNATORIES; (II)
provide in plain language [(i)] (A) a statement by the [mother] PERSON
WHO GAVE BIRTH TO THE CHILD consenting to the acknowledgment of [pater-
nity] PARENTAGE and a statement that the [putative father] OTHER SIGNA-
TORY is the only possible [father] OTHER GENETIC PARENT OR THAT THE
OTHER SIGNATORY IS AN INTENDED PARENT AND THE CHILD WAS CONCEIVED
THROUGH ASSISTED REPRODUCTION, [(ii)] (B) a statement by the [putative
father], ALLEGED GENETIC PARENT, IF ANY, that he OR SHE is the [biolog-
ical father] GENETIC PARENT of the child, and [(iii)] (C) a statement
that the signing of the acknowledgment of [paternity] PARENTAGE by both
parties shall have the same force and effect as an order of PARENTAGE OR
filiation entered after a court hearing by a court of competent juris-
diction, including an obligation to provide support for the child except
that, only if filed with the registrar of the district in which the
birth certificate has been filed, will the acknowledgment have such
force and effect with respect to inheritance rights; AND (III) INCLUDE
THE NAME AND ADDRESS, IF KNOWN, OF ANY GAMETE DONORS.
[(b)] (F) Prior to the execution of an acknowledgment of [paternity]
PARENTAGE, the [mother] PERSON WHO GAVE BIRTH TO THE CHILD and the
[putative father] OTHER SIGNATORY shall be provided orally, which may be
through the use of audio or video equipment, and in writing with such
information as is required pursuant to this section with respect to
their rights and the consequences of signing a voluntary acknowledgment
of [paternity] PARENTAGE including, but not limited to:
(i) that the signing of the acknowledgment of [paternity] PARENTAGE
shall establish the [paternity] PARENTAGE of the child and shall have
the same force and effect as an order of [paternity] PARENTAGE or filia-
tion issued by a court of competent jurisdiction establishing the duty
of both parties to provide support for the child;
(ii) that if such an acknowledgment is not made, the [putative father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be held
liable for support only if the family court, after a hearing, makes an
order declaring that the [putative father] PERSON is the [father] PARENT
of the child whereupon the court may make an order of support which may
be retroactive to the birth of the child;
(iii) that if made a respondent in a proceeding to establish [paterni-
ty] PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON WHO
GAVE BIRTH TO THE CHILD has a right to free legal representation if
indigent;
(iv) that [the putative father] AN ALLEGED GENETIC PARENT has a right
to a genetic marker test or to a DNA test when available;
(v) that by executing the acknowledgment, the [putative father]
ALLEGED GENETIC PARENT waives [his] THEIR right to a hearing, to which
[he] THEY would otherwise be entitled, on the issue of [paternity]
PARENTAGE;
(vi) that a copy of the acknowledgment of [paternity] PARENTAGE shall
be filed with the [putative father] registry [pursuant to] CREATED BY
section three hundred seventy-two-c of the social services law, and that
S. 7506--A 85 A. 9506--A
such filing may establish the child's right to inheritance from the
[putative] ALLEGED [father] GENETIC PARENT OR THE OTHER INTENDED PARENT
OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION pursuant to clause
(B) of subparagraph two of paragraph (a) of section 4-1.2 of the
estates, powers and trusts law;
(vii) that, if such acknowledgment is filed with the registrar of the
district in which the birth certificate has been filed, such acknowledg-
ment will establish inheritance rights from the [putative] ALLEGED
[father] GENETIC PARENT OR THE OTHER INTENDED PARENT OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION pursuant to clause (A) of
subparagraph two of paragraph (a) of section 4-1.2 of the estates,
powers and trusts law;
(viii) that no further judicial or administrative proceedings are
required to ratify an unchallenged acknowledgment of [paternity] PARENT-
AGE provided, however, that:
(A) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
attained the age of eighteen at the time of execution of the acknowledg-
ment, shall have the right to rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating to the
child in which the signatory is a party, provided that the "date of an
administrative or a judicial proceeding" shall be the date by which the
respondent is required to answer the petition;
(B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
not attained the age of eighteen at the time of execution of the
acknowledgment, shall have the right to rescind the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child, whichever is earli-
er; provided, however, that the signatory must have been advised at such
proceeding of his or her right to file a petition to vacate the acknowl-
edgment within sixty days of the date of such proceeding;
(ix) that after the expiration of the time limits set forth in clauses
(A) and (B) of subparagraph (viii) of this paragraph, any of the signa-
tories may challenge the acknowledgment of [paternity] PARENTAGE in
court only on the basis of fraud, duress, or material mistake of fact,
with the burden of proof on the party challenging the voluntary acknowl-
edgment;
(x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys before
executing the acknowledgment; and that they have the right to seek legal
representation and supportive services including counseling regarding
such acknowledgment;
(xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
TO THE CHILD establishing custody and visitation rights to the child and
for requiring the [putative father's] consent OF THE SIGNATORY OTHER
THAN THE PERSON WHO GAVE BIRTH TO THE CHILD prior to an adoption
proceeding;
(xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO THE
CHILD to sign the acknowledgment shall not be deemed a failure to coop-
erate in establishing [paternity for] PARENTAGE OF the child; and
S. 7506--A 86 A. 9506--A
(xiii) that the child may bear the last name of either parent, OR ANY
COMBINATION THEREOF, which name shall not affect the legal status of the
child.
In addition, the governing body of such hospital shall [insure] ENSURE
that appropriate staff shall provide to the [child's mother and putative
father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY,
prior to the [mother's] discharge from the hospital OF THE PERSON WHO
GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
obtain clarifying information and answers to their questions about
[paternity] PARENTAGE establishment, and shall also provide the tele-
phone number of the local support collection unit.
[(c)] (G) Within ten days after receiving the certificate of birth,
the registrar shall furnish without charge to each parent or guardian of
the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
nated by her for that purpose, a certified copy of the certificate of
birth and, if applicable, a certified copy of the written acknowledgment
of [paternity] PARENTAGE. If the [mother] PERSON WHO GAVE BIRTH is in
receipt of child support enforcement services pursuant to title six-A of
article three of the social services law, the registrar also shall
furnish without charge a certified copy of the certificate of birth and,
if applicable, a certified copy of the written acknowledgment of [pater-
nity] PARENTAGE to the social services district of the county within
which the [mother] PERSON WHO GAVE BIRTH resides.
2. (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
ily pursuant to section one hundred eleven-k of the social services law,
the social services official shall file the executed acknowledgment with
the registrar of the district in which the birth occurred and in which
the birth certificate has been filed.
(b) Where a child's [paternity] PARENTAGE has not been acknowledged
voluntarily pursuant to paragraph (a) of subdivision one of this section
or paragraph (a) of this subdivision, the [child's mother and the puta-
tive father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant to
this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
(c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
attained the age of eighteen at the time of execution of the acknowledg-
ment shall have the right to rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating to the
child in which either signatory is a party; provided that for purposes
of this section, the "date of an administrative or a judicial proceed-
ing" shall be the date by which the respondent is required to answer the
petition.
(d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
not attained the age of eighteen at the time of execution of the
acknowledgment, shall have the right to rescind the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the signa-
tory is a party, whichever is earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
S. 7506--A 87 A. 9506--A
(e) After the expiration of the time limits set forth in paragraphs
(c) and (d) of this subdivision, any of the signatories may challenge
the acknowledgment of [paternity] PARENTAGE in court only on the basis
of fraud, duress, or material mistake of fact, with the burden of proof
on the party challenging the voluntary acknowledgment. The acknowledg-
ment shall have full force and effect once so signed. The original or a
copy of the acknowledgment shall be filed with the registrar of the
district in which the birth certificate has been filed.
3. (a) An acknowledgment of [paternity] PARENTAGE executed by [the
mother and father of a child born out of wedlock] ANY TWO PEOPLE ELIGI-
BLE TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH (B) OF SUBDIVISION
ONE OF THIS SECTION, MARRIED OR UNMARRIED, shall establish the [paterni-
ty] PARENTAGE of a child and shall have the same force and effect as an
order of [paternity] PARENTAGE or filiation issued by a court of compe-
tent jurisdiction. Such acknowledgement shall thereafter be filed with
the registrar pursuant to subdivision one or two of this section.
(b) A registrar with whom an acknowledgment of [paternity] PARENTAGE
has been filed pursuant to subdivision one or two of this section shall
file the acknowledgment with the state department of health [and the
putative father registry], THE NEW YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE AND THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL
SERVICES PURSUANT TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL
SERVICES LAW. IF THE ACKNOWLEDGMENT INCLUDES THE NAME AND ADDRESS OF ANY
KNOWN GAMETE DONORS OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION,
THE STATE DEPARTMENT OF HEALTH OR THE NEW YORK CITY DEPARTMENT OF HEALTH
AND MENTAL HYGIENE SHALL MAIL A COPY TO THE KNOWN DONORS LISTED ON THE
FORM.
4. THE COURT SHALL GIVE FULL FAITH AND CREDIT TO AN ACKNOWLEDGMENT OF
PARENTAGE EFFECTIVE IN ANOTHER STATE IF THE ACKNOWLEDGMENT WAS IN A
SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAW OF THE OTHER STATE.
5. A new certificate of birth shall be issued if the certificate of
birth of [a] THE child [born out of wedlock] as defined in paragraph (b)
of subdivision one of section four thousand one hundred thirty-five of
this article has been filed without entry of the name of the [father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH, and the commissioner
thereafter receives a notarized acknowledgment of [paternity] PARENTAGE
accompanied by the written consent of the [putative father and mother]
PERSON WHO GAVE BIRTH TO THE CHILD AND OTHER SIGNATORY to the entry of
the name of such [father] PERSON, which consent may also be to a change
in the surname of the child.
6. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF PARENTAGE SIGNED
PURSUANT TO THIS SECTION OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
LAW OF THAT STATE.
§ 9. Paragraph (e) of subdivision 1 of section 4138 of the public
health law, as amended by chapter 214 of the laws of 1998, is amended to
read as follows:
(e) the certificate of birth of a child born out of wedlock as defined
in paragraph (b) of subdivision one of section four thousand one hundred
thirty-five of this article has been filed without entry of the name of
the [father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH and the
commissioner thereafter receives the acknowledgment of [paternity]
PARENTAGE pursuant to section one hundred eleven-k of the social
services law or section four thousand one hundred thirty-five-b of this
article executed by the [putative father and mother] PERSON WHO GAVE
BIRTH AND THE OTHER SIGNATORY which authorizes the entry of the name of
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such [father] OTHER SIGNATORY, and which may also authorize a conforming
change in the surname of the child.
§ 10. The article heading of article 8 of the domestic relations law,
as added by chapter 308 of the laws of 1992, is amended to read as
follows:
GENETIC SURROGATE PARENTING CONTRACTS
§ 11. The general business law is amended by adding a new article 44
to read as follows:
ARTICLE 44
REGULATION OF SURROGACY PROGRAMS
SECTION 1400. DEFINITIONS.
1401. PROGRAMS REGULATED UNDER THIS ARTICLE.
1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.
1403. REGULATIONS.
§ 1400. DEFINITIONS. AS USED IN THIS SECTION:
(A) THE DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT ACT SHALL
APPLY.
(B) "PAYMENT" MEANS ANY TYPE OF MONETARY COMPENSATION OR OTHER VALU-
ABLE CONSIDERATION INCLUDING BUT NOT LIMITED TO A REBATE, REFUND,
COMMISSION, UNEARNED DISCOUNT, OR PROFIT BY MEANS OF CREDIT OR OTHER
VALUABLE CONSIDERATION.
(C) "SURROGACY PROGRAM" DOES NOT INCLUDE ANY PARTY TO A SURROGACY
AGREEMENT OR ANY PERSON LICENSED TO PRACTICE LAW AND REPRESENTING A
PARTY TO THE SURROGACY AGREEMENT, BUT DOES INCLUDE AND IS NOT LIMITED TO
ANY AGENCY, AGENT, BUSINESS, OR INDIVIDUAL ENGAGED IN, ARRANGING, OR
FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARD-
LESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS
OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 1401. PROGRAMS REGULATED UNDER THIS ARTICLE. THE PROVISIONS OF THIS
ARTICLE APPLY TO SURROGACY PROGRAMS ARRANGING OR FACILITATING TRANS-
ACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT UNDER PART FOUR OF ARTICLE
FIVE-C OF THE FAMILY COURT ACT IF:
(A) THE SURROGACY PROGRAM DOES BUSINESS IN NEW YORK STATE;
(B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
(C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
IN NEW YORK STATE.
§ 1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS. A SURROGACY
PROGRAM TO WHICH THIS ARTICLE APPLIES:
(A) SHALL KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE INTENDED PARENT
OR PARENTS IN AN ESCROW ACCOUNT SEPARATE FROM ITS OPERATING ACCOUNTS;
AND
(B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT; AND
(C) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY PERSON LICENSED TO PRACTICE LAW AND REPRESENTING A PARTY TO THE
SURROGACY AGREEMENT IN CONNECTION WITH THE REFERRAL OF ANY PERSON OR
PARTY FOR THE PURPOSE OF A SURROGACY AGREEMENT; AND
(D) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY HEALTH CARE PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
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(E) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY HEALTH CARE PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
(F) SHALL BE LICENSED TO OPERATE IN NEW YORK STATE PURSUANT TO REGU-
LATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
DEPARTMENT OF FINANCIAL SERVICES, ONCE SUCH REGULATIONS ARE PROMULGATED
AND BECOME EFFECTIVE; AND
(G) SHALL ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY AGREEMENT,
AT THE TIME OF CONSULTATION WITH SUCH SURROGACY PROGRAM, ARE PROVIDED
WITH WRITTEN NOTICE OF THE SURROGATES' BILL OF RIGHTS ENUMERATED IN PART
SIX OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 1403. REGULATIONS. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, SHALL PROMULGATE REGULATIONS TO
IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE, AND SHALL ANNUALLY REPORT TO
THE STATE LEGISLATURE REGARDING THE PRACTICES OF SURROGACY PROGRAMS AND
ALL BUSINESS TRANSACTIONS RELATED TO SURROGACY IN NEW YORK STATE, WITH
RECOMMENDATIONS FOR ANY NECESSARY AMENDMENTS TO THIS ARTICLE.
§ 12. The public health law is amended by adding a new article 25-B to
read as follows:
ARTICLE 25-B
GESTATIONAL SURROGACY
SECTION 2599-CC. GESTATIONAL SURROGACY.
§ 2599-CC. GESTATIONAL SURROGACY. 1. THE COMMISSIONER SHALL PROMULGATE
REGULATIONS ON THE PRACTICE OF GESTATIONAL SURROGACY. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL PERSONS ACTING AS SURROGATES, INCLUDING BUT NOT LIMITED
TO A FULL DISCLOSURE OF ANY KNOWN HEALTH RISKS ASSOCIATED WITH ACTING AS
A SURROGATE;
(B) THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO GESTATIONAL
SURROGACY; AND
(C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF
PERSONS ACTING AS SURROGATES, AS REPORTED BY SURROGACY PROGRAMS LICENSED
BY THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF THE GENERAL BUSINESS
LAW UPON THE AFFIRMATIVE CONSENT OF A PERSON ACTING AS SURROGATE. SUCH
REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCURATE
INFORMATION ON THE:
(I) NUMBER OF TIMES A PERSON HAS ACTED AS A SURROGATE;
(II) HEALTH INFORMATION OF THE PERSON ACTING AS SURROGATE; AND
(III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
2. ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE PERSON
ACTING AS SURROGATE AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO
INFORMATION MAINTAINED BY THE REGISTRY.
§ 13. Subdivisions 4, 5, 6, 7 and 8 of section 4365 of the public
health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
vision 4 is added to read as follows:
4. THE COMMISSIONER, IN CONSULTATION WITH THE TRANSPLANT COUNCIL,
SHALL PROMULGATE REGULATIONS ON THE DONATION OF OVA. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL DONORS, INCLUDING BUT NOT LIMITED TO A FULL DISCLOSURE OF
ANY KNOWN HEALTH RISKS OF THE OVA DONATION PROCESS;
(B) THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THE DONATION
OF OVA; AND
S. 7506--A 90 A. 9506--A
(C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF OVA
DONOR INFORMATION, AS REPORTED BY BANKS AND STORAGE FACILITIES LICENSED
PURSUANT TO THIS ARTICLE UPON THE AFFIRMATIVE CONSENT OF AN OVA DONOR.
SUCH REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCU-
RATE INFORMATION ON THE:
(I) NUMBER OF OVA AND THE NUMBER OF TIMES OVA HAVE BEEN DONATED FROM A
SINGLE DONOR;
(II) HEALTH INFORMATION OF THE DONOR AT THE TIME OF THE DONATION; AND
(III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
IN ADDITION, ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE
DONOR AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO INFORMATION MAIN-
TAINED BY THE REGISTRY.
§ 14. Paragraph (a) of subdivision 1 of section 440 of the family
court act, as amended by chapter 398 of the laws of 1997, is amended to
read as follows:
(a) Any support order made by the court in any proceeding under the
provisions of article five-B of this act, pursuant to a reference from
the supreme court under section two hundred fifty-one of the domestic
relations law or under the provisions of article four, five or five-A of
this act (i) shall direct that payments of child support or combined
child and spousal support collected on behalf of persons in receipt of
services pursuant to section one hundred eleven-g of the social services
law, or on behalf of persons in receipt of public assistance be made to
the support collection unit designated by the appropriate social
services district, which shall receive and disburse funds so paid; or
(ii) shall be enforced pursuant to subdivision (c) of section five thou-
sand two hundred forty-two of the civil practice law and rules at the
same time that the court issues an order of support; and (iii) shall in
either case, except as provided for herein, be effective as of the
earlier of the date of the filing of the petition therefor, or, if the
children for whom support is sought are in receipt of public assistance,
the date for which their eligibility for public assistance was effec-
tive. Any retroactive amount of support due shall be support
arrears/past due support and shall be paid in one sum or periodic sums,
as the court directs, and any amount of temporary support which has been
paid to be taken into account in calculating any amount of such retroac-
tive support due. In addition, such retroactive child support shall be
enforceable in any manner provided by law including, but not limited to,
an execution for support enforcement pursuant to subdivision (b) of
section fifty-two hundred forty-one of the civil practice law and rules.
When a child receiving support is a public assistance recipient, or the
order of support is being enforced or is to be enforced pursuant to
section one hundred eleven-g of the social services law, the court shall
establish the amount of retroactive child support and notify the parties
that such amount shall be enforced by the support collection unit pursu-
ant to an execution for support enforcement as provided for in subdivi-
sion (b) of section fifty-two hundred forty-one of the civil practice
law and rules, or in such periodic payments as would have been author-
ized had such an execution been issued. In such case, the court shall
not direct the schedule of repayment of retroactive support. Where such
direction is for child support and [paternity] PARENTAGE has been estab-
lished by a voluntary acknowledgment of [paternity] PARENTAGE as defined
in section forty-one hundred thirty-five-b of the public health law, the
court shall inquire of the parties whether the acknowledgment has been
duly filed, and unless satisfied that it has been so filed shall require
the clerk of the court to file such acknowledgment with the appropriate
S. 7506--A 91 A. 9506--A
registrar within five business days. The court shall not direct that
support payments be made to the support collection unit unless the
child, who is the subject of the order, is in receipt of public assist-
ance or child support services pursuant to section one hundred eleven-g
of the social services law. Any such order shall be enforceable pursu-
ant to section fifty-two hundred forty-one or fifty-two hundred forty-
two of the civil practice law and rules, or in any other manner provided
by law. Such orders or judgments for child support and maintenance
shall also be enforceable pursuant to article fifty-two of the civil
practice law and rules upon a debtor's default as such term is defined
in paragraph seven of subdivision (a) of section fifty-two hundred
forty-one of the civil practice law and rules. The establishment of a
default shall be subject to the procedures established for the determi-
nation of a mistake of fact for income executions pursuant to subdivi-
sion (e) of section fifty-two hundred forty-one of the civil practice
law and rules. For the purposes of enforcement of child support orders
or combined spousal and child support orders pursuant to section five
thousand two hundred forty-one of the civil practice law and rules, a
"default" shall be deemed to include amounts arising from retroactive
support. Where permitted under federal law and where the record of the
proceedings contains such information, such order shall include on its
face the social security number and the name and address of the employ-
er, if any, of the person chargeable with support provided, however,
that failure to comply with this requirement shall not invalidate such
order.
§ 15. Section 516-a of the family court act, as amended by chapter 398
of the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
of the laws of 2013, and subdivision (d) as amended by chapter 343 of
the laws of 2009, is amended to read as follows:
§ 516-a. Acknowledgment of [paternity] PARENTAGE. (a) An acknowledg-
ment of [paternity] PARENTAGE executed pursuant to section one hundred
eleven-k of the social services law or section four thousand one hundred
thirty-five-b of the public health law shall establish the [paternity]
PARENTAGE of and liability for the support of a child pursuant to this
act. Such acknowledgment must be reduced to writing and filed pursuant
to section four thousand one hundred thirty-five-b of the public health
law with the registrar of the district in which the birth occurred and
in which the birth certificate has been filed. No further judicial or
administrative proceedings are required to ratify an unchallenged
acknowledgment of [paternity] PARENTAGE.
(b) (i) Where a signatory to an acknowledgment of [paternity] PARENT-
AGE executed pursuant to section one hundred eleven-k of the social
services law or section four thousand one hundred thirty-five-b of the
public health law had attained the age of eighteen at the time of
execution of the acknowledgment, the signatory may seek to rescind the
acknowledgment by filing a petition with the court to vacate the
acknowledgment within the earlier of sixty days of the date of signing
the acknowledgment or the date of an administrative or a judicial
proceeding (including, but not limited to, a proceeding to establish a
support order) relating to the child in which the signatory is a party.
For purposes of this section, the "date of an administrative or a judi-
cial proceeding" shall be the date by which the respondent is required
to answer the petition.
(ii) Where a signatory to an acknowledgment of [paternity] PARENTAGE
executed pursuant to section one hundred eleven-k of the social services
law or section four thousand one hundred thirty-five-b of the public
S. 7506--A 92 A. 9506--A
health law had not attained the age of eighteen at the time of execution
of the acknowledgment, the signatory may seek to rescind the acknowledg-
ment by filing a petition with the court to vacate the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the signa-
tory is a party, whichever is earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
(iii) Where a petition to vacate an acknowledgment of [paternity]
PARENTAGE has been filed in accordance with paragraph (i) or (ii) of
this subdivision, the court shall order genetic marker tests or DNA
tests for the determination of the child's [paternity] PARENTAGE. No
such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS SIGNED
BY THE INTENDED PARENT OF A CHILD BORN THROUGH ASSISTED REPRODUCTION
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH
LAW, OR upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel,
or the presumption of legitimacy of a child born to a married [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall make a finding of [paternity] PARENTAGE and enter an order of
[filiation] PARENTAGE. If the court determines that the person who
signed the acknowledgment is not the [father] PARENT of the child, the
acknowledgment shall be vacated.
(iv) After the expiration of the time limits set forth in paragraphs
(i) and (ii) of this subdivision, any of the signatories to an acknowl-
edgment of [paternity] PARENTAGE may challenge the acknowledgment in
court by alleging and proving fraud, duress, or material mistake of
fact. If the petitioner proves to the court that the acknowledgment of
[paternity] PARENTAGE was signed under fraud, duress, or due to a mate-
rial mistake of fact, the court shall then order genetic marker tests or
DNA tests for the determination of the child's [paternity] PARENTAGE.
No such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS
SIGNED BY THE INTENDED PARENT OF A CHILD BORN THROUGH ASSISTED REPROD-
UCTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE
OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH
LAW, OR upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel,
or the presumption of legitimacy of a child born to a married [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall make a finding of [paternity] PARENTAGE and enter an order of
[filiation] PARENTAGE. If the court determines that the person who
signed the acknowledgment is not the [father] PARENT of the child, the
acknowledgment shall be vacated.
(v) If, at any time before or after a signatory has filed a petition
to vacate an acknowledgment of [paternity] PARENTAGE pursuant to this
subdivision, the signatory dies or becomes mentally ill or cannot be
found within the state, neither the proceeding nor the right to commence
the proceeding shall abate but may be commenced or continued by any of
the persons authorized by this article to commence a [paternity] PARENT-
AGE proceeding.
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(c) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
(I) A PERSON OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
CHILD PURSUANT TO SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
(II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
(III) ANOTHER PERSON HAS SIGNED A VALID ACKNOWLEDGMENT OF PARENTAGE
WITH REGARD TO THE CHILD;
(IV) THE CHILD HAS A PARENT PURSUANT TO SECTION 581-303 OF THE FAMILY
COURT ACT OTHER THAN THE SIGNATORIES;
(V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE FAMILY
COURT ACT; OR
(VI) THE ACKNOWLEDGMENT IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
THROUGH ASSISTED REPRODUCTION.
(D) Neither signatory's legal obligations, including the obligation
for child support arising from the acknowledgment, may be suspended
during the challenge to the acknowledgment except for good cause as the
court may find. If the court vacates the acknowledgment of [paternity]
PARENTAGE, the court shall immediately provide a copy of the order to
the registrar of the district in which the child's birth certificate is
filed and also to the putative father registry operated by the depart-
ment of social services pursuant to section three hundred seventy-two-c
of the social services law. In addition, if the [mother] PARENT of the
child who is the subject of the acknowledgment is in receipt of child
support services pursuant to title six-A of article three of the social
services law, the court shall immediately provide a copy of the order to
the child support enforcement unit of the social services district that
provides the [mother] PARENT with such services.
[(d)] (E) A determination of [paternity] PARENTAGE made by any other
state, whether established through an administrative or judicial process
or through an acknowledgment of [paternity] PARENTAGE signed in accord-
ance with that state's laws, must be accorded full faith and credit
pursuant to section 466(a)(11) of title IV-D of the social security act
(42 U.S.C. § 666(a)(11)).
(F) ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE, OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
THE LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
PARENTAGE EXECUTED PURSUANT TO SECTION ONE HUNDRED ELEVEN-K OF THE
SOCIAL SERVICES LAW, SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF
THE PUBLIC HEALTH LAW, OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
LAW OF THAT STATE.
§ 16. Paragraph (b) of subdivision 1 of section 1017 of the family
court act, as added by chapter 567 of the laws of 2015, is amended to
read as follows:
(b) The court shall also direct the local commissioner of social
services to conduct an investigation to locate any person who is not
recognized to be the child's legal parent and does not have the rights
of a legal parent under the laws of the state of New York but who (i)
has filed with a putative father registry an instrument acknowledging
[paternity] PARENTAGE of the child, pursuant to section 4-1.2 of the
estates, powers and trusts law, or (ii) has a pending [paternity]
PARENTAGE petition, or (iii) has been identified as a parent of the
child by the child's other parent in a written sworn statement. The
local commissioner of social services shall report the results of such
S. 7506--A 94 A. 9506--A
investigation to the court and parties, including the attorney for the
child.
§ 17. Section 4-1.2 of the estates, powers and trusts law, as amended
by chapter 67 of the laws of 1981, the section heading, the opening
paragraph of subparagraph 1 of paragraph (a), the opening paragraph of
subparagraph 2 of paragraph (a) and the opening paragraph of subpara-
graph 3 of paragraph (a) as amended by chapter 595 of the laws of 1992,
subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
1987, clause (A) of subparagraph 2 of paragraph (a) as amended by chap-
ter 170 of the laws of 1994, and clause (C) of subparagraph 2 of para-
graph (a) and paragraph (b) as amended by chapter 64 of the laws of
2010, is amended to read as follows:
§ 4-1.2 Inheritance by non-marital children
(a) For the purposes of this article:
(1) A non-marital child is the legitimate child of his mother so that
he and his issue inherit from his mother and from his maternal kindred.
(2) A non-marital child is the legitimate child of his father OR NON-
GESTATING INTENDED PARENT so that he and his issue inherit from [his
father and his paternal] SUCH PARENT AND SUCH PARENT'S kindred if:
(A) a court of competent jurisdiction has, during the lifetime of the
father, made an order of filiation OR PARENTAGE declaring [paternity]
PARENTAGE or the [mother and father] PARENTAGE of the child [have
executed] HAS BEEN ESTABLISHED THROUGH THE EXECUTION OF an acknowledg-
ment of [paternity] PARENTAGE pursuant to section four thousand one
hundred thirty-five-b of the public health law, which has been filed
with the registrar of the district in which the birth certificate has
been filed or;
(B) the father of the child has signed an instrument acknowledging
[paternity] PARENTAGE, provided that
(i) such instrument is acknowledged or executed or proved in the form
required to entitle a deed to be recorded in the presence of one or more
witnesses and acknowledged by such witness or witnesses, in either case,
before a notary public or other officer authorized to take proof of
deeds and
(ii) such instrument is filed within sixty days from the making there-
of with the putative father registry established by the state department
of social services pursuant to section three hundred seventy-two-c of
the social services law, as added by chapter six hundred sixty-five of
the laws of nineteen hundred seventy-six and
(iii) the department of social services shall, within seven days of
the filing of the instrument, send written notice by registered mail to
the mother and other legal guardian of such child, notifying them that
an acknowledgment of [paternity] PARENTAGE instrument acknowledged or
executed by such [father] PARENT has been duly filed or;
(C) [paternity] PARENTAGE has been established by clear and convincing
evidence, which may include, but is not limited to: (i) evidence derived
from a genetic marker test, or (ii) evidence that the [father] PARENT
openly and notoriously acknowledged the child as his OR HER own, however
nothing in this section regarding genetic marker tests shall be
construed to expand or limit the current application of subdivision four
of section forty-two hundred ten of the public health law.
(3) The existence of an agreement obligating the father to support the
non-marital child does not qualify such child or his issue to inherit
from the father in the absence of an order of filiation made or acknowl-
edgement of [paternity] PARENTAGE as prescribed by subparagraph (2).
S. 7506--A 95 A. 9506--A
(4) A motion for relief from an order of filiation may be made only by
the father and a motion for relief from an acknowledgement of [paterni-
ty] PARENTAGE may be made by [the father, mother] A PARENT or other
legal guardian of such child, or the child, provided however, such
motion must be made within one year from the entry of such order or from
the date of written notice as provided for in subparagraph (2).
(b) If a non-marital child dies, his or her surviving spouse, issue,
mother, maternal kindred, father and paternal kindred inherit and are
entitled to letters of administration as if the decedent was a marital
child, provided that the father and paternal kindred may inherit or
obtain such letters only if the [paternity] PARENTAGE of the non-marital
child has been established pursuant to any of the provisions of subpara-
graph (2) of paragraph (a).
§ 18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
subdivision 4 of section 111-c of the social services law, subdivision 1
as added by chapter 685 of the laws of 1975, paragraph g of subdivision
2 as added by chapter 809 of the laws of 1985, subdivision 3 as amended
by chapter 398 of the laws of 1997, and subdivision 4 as added by chap-
ter 343 of the laws of 2009, are amended to read as follows:
1. Each social services district shall establish a single organiza-
tional unit which shall be responsible for such district's activities in
assisting the state in the location of absent parents, establishment of
[paternity] PARENTAGE and enforcement and collection of support in
accordance with the regulations of the department.
g. obtain from respondent, when appropriate and in accordance with the
procedures established by section one hundred eleven-k of this chapter,
an acknowledgement of [paternity] PARENTAGE or an agreement to make
support payments, or both;
3. Notwithstanding the foregoing, the social services official shall
not be required to establish the [paternity] PARENTAGE of any child born
out-of-wedlock, or to secure support for any child, with respect to whom
such official has determined that such actions would be detrimental to
the best interests of the child, in accordance with procedures and
criteria established by regulations of the department consistent with
federal law.
4. a. A social services district represents the interests of the
district in performing its functions and duties as provided in this
title and not the interests of any party. The interests of a district
shall include, but are not limited to, establishing [paternity] PARENT-
AGE, and establishing, modifying and enforcing child support orders.
b. Notwithstanding any other provision of law, the provision of child
support services pursuant to this title does not constitute nor create
an attorney-client relationship between the individual receiving
services and any attorney representing or appearing for the district. A
social services district shall provide notice to any individual request-
ing or receiving services that the attorney representing or appearing
for the district does not represent the individual and that the individ-
ual has a right to retain his or her own legal counsel.
c. A social services district may appear in any action to establish
[paternity] PARENTAGE, or to establish, modify, or enforce an order of
support when an individual is receiving services under this title.
§ 19. Section 111-k of the social services law, as amended by chapter
398 of the laws of 1997, paragraphs (a) and (b) of subdivision 1 as
amended by chapter 214 of the laws of 1998, is amended to read as
follows:
S. 7506--A 96 A. 9506--A
§ 111-k. Procedures relating to acknowledgments of [paternity]
PARENTAGE, agreements to support, and genetic tests. 1. A social
services official or his or her designated representative who confers
with a potential respondent or respondent, hereinafter referred to in
this section as the "respondent", the mother of a child born out of
wedlock and any other interested persons, pursuant to section one
hundred eleven-c of this title, may obtain:
(a) an acknowledgment of [paternity] PARENTAGE of a child, as provided
for in article five-B or section five hundred sixteen-a of the family
court act, by a written statement, witnessed by two people not related
to the signator or as provided for in section four thousand one hundred
thirty-five-b of the public health law. Prior to the execution of such
acknowledgment by the child's mother and the respondent, they shall be
advised, orally, which may be through the use of audio or video equip-
ment, and in writing, of the consequences of making such an acknowledg-
ment. Upon the signing of an acknowledgment of [paternity] PARENTAGE
pursuant to this section, the social services official or his or her
representative shall file the original acknowledgment with the regist-
rar.
(b) an agreement to make support payments as provided in section four
hundred twenty-five of the family court act. Prior to the execution of
such agreement, the respondent shall be advised, orally, which may be
through the use of audio or video equipment, and in writing, of the
consequences of such agreement, that the respondent can be held liable
for support only if the family court, after a hearing, makes an order of
support; that respondent has a right to consult with an attorney and
that the agreement will be submitted to the family court for approval
pursuant to section four hundred twenty-five of the family court act;
and that by executing the agreement, the respondent waives any right to
a hearing regarding any matter contained in such agreement.
2. (a) When the paternity of a child is contested, a social services
official or designated representative may order the mother, the child,
and the alleged father to submit to one or more genetic marker or DNA
tests of a type generally acknowledged as reliable by an accreditation
body designated by the secretary of the federal department of health and
human services and performed by a laboratory approved by such an accred-
itation body and by the commissioner of health or by a duly qualified
physician to aid in the determination of whether or not the alleged
father is the father of the child. The order may be issued prior or
subsequent to the filing of a petition with the court to establish
paternity, shall be served on the parties by certified mail, and shall
include a sworn statement which either (i) alleges [paternity] PARENTAGE
and sets forth facts establishing a reasonable possibility of the requi-
site sexual contact between the parties, or (ii) denies [paternity]
PARENTAGE and sets forth facts establishing a reasonable possibility
that the party is not the father. The parties shall not be required to
submit to the administration and analysis of such tests if they sign a
voluntary acknowledgment of [paternity] PARENTAGE in accordance with
paragraph (a) of subdivision one of this section, or if there has been a
written finding by the court that it is not in the best interests of the
child on the basis of res judicata, equitable estoppel, THE CHILD WAS
CONCEIVED THROUGH ASSISTED REPRODUCTION or the presumption of legitimacy
of a child born to a married [woman] PERSON.
(b) The record or report of the results of any such genetic marker or
DNA test may be submitted to the family court as evidence pursuant to
subdivision (e) of rule forty-five hundred eighteen of the civil prac-
S. 7506--A 97 A. 9506--A
tice law and rules where no timely objection in writing has been made
thereto.
(c) The cost of any test ordered pursuant to this section shall be
paid by the social services district provided however, that the alleged
father shall reimburse the district for the cost of such test at such
time as the alleged father's [paternity] PARENTAGE is established by a
voluntary acknowledgment of [paternity] PARENTAGE or an order of filia-
tion. If either party contests the results of genetic marker or DNA
tests, an additional test may be ordered upon written request to the
social services district and advance payment by the requesting party.
(d) The parties shall be required to submit to such tests and appear
at any conference scheduled by the social services official or designee
to discuss the notice of the allegation of paternity or to discuss the
results of such tests. If the alleged [father] GENETIC PARENT fails to
appear at any such conference or fails to submit to such genetic marker
or DNA tests, the social services official or designee shall petition
the court to establish [paternity] PARENTAGE, provide the court with a
copy of the records or reports of such tests if any, and request the
court to issue an order for temporary support pursuant to section five
hundred forty-two of the family court act.
3. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
THE LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
PARENTAGE EXECUTED PURSUANT TO THIS SECTION, SECTION FOUR THOUSAND ONE
HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH LAW OR SIGNED IN ANOTHER
STATE CONSISTENT WITH THE LAW OF THAT STATE.
§ 20. Subdivisions 1 and 2 of section 372-c of the social services
law, as amended by chapter 139 of the laws of 1979, are amended to read
as follows:
1. The department shall establish a putative father registry which
shall record the names and addresses of: (a) any person adjudicated by
a court of this state to be the [father] PARENT of a child born [out-of-
wedlock] OUT OF WEDLOCK; (b) any person who has filed with the registry
before or after the birth of a child [out-of-wedlock] OUT OF WEDLOCK, a
notice of intent to claim [paternity] PARENTAGE of the child; (c) any
person adjudicated by a court of another state or territory of the
United States to be the father of an [out-of-wedlock] OUT OF WEDLOCK
child, where a certified copy of the court order has been filed with the
registry by such person or any other person; (d) any person who has
filed with the registry an instrument acknowledging paternity pursuant
to section 4-1.2 of the estates, powers and trusts law.
2. A person filing a notice of intent to claim [paternity] PARENTAGE
of a child or an acknowledgement of paternity shall include therein his
current address and shall notify the registry of any change of address
pursuant to procedures prescribed by regulations of the department.
§ 21. Subdivision (a) of section 439 of the family court act, as
amended by section 1 of chapter 468 of the laws of 2012, is amended to
read as follows:
(a) The chief administrator of the courts shall provide, in accordance
with subdivision (f) of this section, for the appointment of a suffi-
cient number of support magistrates to hear and determine support
proceedings. Except as hereinafter provided, support magistrates shall
be empowered to hear, determine and grant any relief within the powers
of the court in any proceeding under this article, articles five,
five-A, [and] five-B, AND FIVE-C and sections two hundred thirty-four
and two hundred thirty-five of this act, and objections raised pursuant
S. 7506--A 98 A. 9506--A
to section five thousand two hundred forty-one of the civil practice law
and rules. Support magistrates shall not be empowered to hear, determine
and grant any relief with respect to issues specified in section four
hundred fifty-five of this article, issues of contested [paternity]
PARENTAGE involving claims of equitable estoppel, custody, visitation
including visitation as a defense, and orders of protection or exclusive
possession of the home, which shall be referred to a judge as provided
in subdivision (b) or (c) of this section. Where an order of filiation
is issued by a judge in a paternity proceeding and child support is in
issue, the judge, or support magistrate upon referral from the judge,
shall be authorized to immediately make a temporary or final order of
support, as applicable. A support magistrate shall have the authority to
hear and decide motions and issue summonses and subpoenas to produce
persons pursuant to section one hundred fifty-three of this act, hear
and decide proceedings and issue any order authorized by subdivision (g)
of section five thousand two hundred forty-one of the civil practice law
and rules, issue subpoenas to produce prisoners pursuant to section two
thousand three hundred two of the civil practice law and rules and make
a determination that any person before the support magistrate is in
violation of an order of the court as authorized by section one hundred
fifty-six of this act subject to confirmation by a judge of the court
who shall impose any punishment for such violation as provided by law. A
determination by a support magistrate that a person is in willful
violation of an order under subdivision three of section four hundred
fifty-four of this article and that recommends commitment shall be tran-
smitted to the parties, accompanied by findings of fact, but the deter-
mination shall have no force and effect until confirmed by a judge of
the court.
§ 22. Subparagraph (D) of paragraph (17) of subsection (a) of section
1113 of the insurance law is amended to read as follows:
(D) (I)(I) Indemnifying an adoptive parent for verifiable expenses not
prohibited under the law paid to or on behalf of the birth mother when
either one or both of the birth parents of the child withdraw or with-
hold their consent to adoption. Such expenses may include maternity-con-
nected medical or hospital expenses of the birth mother, necessary
living expenses of the birth mother preceding and during confinement,
travel expenses of the birth mother to arrange for the adoption of the
child, legal fees of the birth mother, and any other expenses [which]
THAT an adoptive parent may lawfully pay to or on behalf of the birth
mother[.]; OR (II) INDEMNIFYING AN INTENDED PARENT FOR FINANCIAL LOSS
INCURRED AS A RESULT OF THE FAILURE BY THE PERSON ACTING AS SURROGATE TO
PERFORM UNDER THE SURROGACY CONTRACT DUE TO DEATH, BODILY INJURY, SICK-
NESS, DISAPPEARANCE OF THE PERSON ACTING AS SURROGATE, LATE MISCARRIAGE,
OR STILLBIRTH. SUCH FINANCIAL LOSS SHALL INCLUDE MEDICAL AND HOSPITAL
EXPENSES, INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND COINSURANCE, NECESSARY
LIVING EXPENSES OF THE PERSON ACTING AS SURROGATE TO ARRANGE FOR THE
SURROGACY, LEGAL FEES OF THE PERSON ACTING AS SURROGATE, AND ANY OTHER
EXPENSES THAT AN INTENDED PARENT MAY LAWFULLY PAY TO OR ON BEHALF OF THE
PERSON ACTING AS SURROGATE; AND (II) For the purposes of this [section]
SUBPARAGRAPH "adoptive parent" means the parent or his or her spouse
seeking to adopt a child, "birth mother" means the biological mother of
the child, "birth parent" means the biological mother or biological
father of the child, AND THE TERMS "DONOR", "INTENDED PARENT", PERSON
ACTING AS SURROGATE", AND "SURROGACY AGREEMENT" SHALL HAVE THE MEANING
SET FORTH IN SECTION 581-102 OF THE FAMILY COURT ACT; or
S. 7506--A 99 A. 9506--A
§ 23. Paragraph (32) of subsection (a) of section 1113 of the insur-
ance law, as renumbered by chapter 626 of the laws of 2006, is renum-
bered paragraph (33) and a new paragraph (32) is added to read as
follows:
(32) "DONOR MEDICAL EXPENSE INSURANCE" MEANS INSURANCE INDEMNIFYING AN
INTENDED PARENT FOR MEDICAL OR HOSPITAL EXPENSES THAT THE INTENDED
PARENT IS CONTRACTUALLY OBLIGATED TO PAY UNDER A DONOR AGREEMENT WHEN
THE EXPENSES RESULT FROM MEDICAL COMPLICATIONS THAT OCCUR AS A RESULT OF
THE DONATION OF GAMETES. FOR THE PURPOSE OF THIS PARAGRAPH, "DONOR",
"GAMETES" AND "INTENDED PARENT" SHALL HAVE THE MEANING SET FORTH IN
SECTION 581-102 OF THE FAMILY COURT ACT.
(33) "Substantially similar kind of insurance," means such insurance
which in the opinion of the superintendent is determined to be substan-
tially similar to one of the foregoing kinds of insurance and thereupon
for the purposes of this chapter shall be deemed to be included in that
kind of insurance.
§ 24. Subsection (a) of section 2105 of the insurance law, as amended
by section 9 of part I of chapter 61 of the laws of 2011, is amended to
read as follows:
§ 2105. Excess line brokers; licensing. (a) The superintendent may
issue an excess line broker's license to any person, firm, association
or corporation who or which is licensed as an insurance broker under
section two thousand one hundred four of this article, or who or which
is licensed as an excess line broker in the licensee's home state,
provided, however, that the applicant's home state grants non-resident
licenses to residents of this state on the same basis, except that reci-
procity is not required in regard to the placement of liability insur-
ance on behalf of a purchasing group or any of its members; authorizing
such person, firm, association or corporation to procure, subject to the
restrictions herein provided, policies of insurance from insurers which
are not authorized to transact business in this state of the kind or
kinds of insurance specified in paragraphs four through fourteen,
sixteen, seventeen, nineteen, twenty, twenty-two, twenty-seven, twenty-
eight, [and] thirty-one, AND THIRTY-TWO of subsection (a) of section one
thousand one hundred thirteen of this chapter and in subsection (h) of
this section, provided, however, that the provisions of this section and
section two thousand one hundred eighteen of this article shall not
apply to ocean marine insurance and other contracts of insurance enumer-
ated in subsections (b) and (c) of section two thousand one hundred
seventeen of this article. Such license may be suspended or revoked by
the superintendent whenever in his or her judgment such suspension or
revocation will best promote the interests of the people of this state.
§ 25. Subsection (b) of section 4101 of the insurance law is amended
to read as follows:
(b) "Non-basic kinds of insurance" means the kinds of insurance
described in the following paragraphs of subsection (a) of section one
thousand one hundred thirteen of this chapter numbered therein as set
forth in parentheses below:
accident and health (item (i) of (3));
non-cancellable disability (item (ii) of (3));
miscellaneous property (5);
water damage (6);
collision (12);
property damage liability (14) - non-basic as to mutual companies
only;
motor vehicle and aircraft physical damage (19);
S. 7506--A 100 A. 9506--A
inland marine as specified in marine and inland marine (20);
marine protection and indemnity (21) - non-basic as to stock companies
only;
residual value (22);
credit unemployment (24);
gap (26);
prize indemnification (27);
service contract reimbursement (28);
legal services insurance (29);
involuntary unemployment insurance (30);
salary protection insurance (31)[.];
DONOR MEDICAL EXPENSE INSURANCE (32).
§ 26. Group A of table one as contained in paragraph (1) of subsection
(a) of section 4103 of the insurance law, as amended by chapter 626 of
the laws of 2006, is amended to read as follows:
Group
A:
7 $300,000 $150,000
8, 9, 10, 11, or 14 - for each such kind $100,000 $ 50,000
13 or 15 - for each such kind $500,000 $250,000
16 $900,000 $450,000
17 $400,000 $200,000
Basic additional amount
required for any one
or more of the above
kinds of insurance $100,000 $ 50,000
3(i), 3(ii), 6{1} or 12{2} - for each
such kind $100,000 $ 50,000
22 $2,000,000 $1,000,000
24 $400,000 $200,000
26(B) $200,000 $100,000
26(A), 26 (C) or 26{O) -
for each such kind $600,000 $300,000
27 $300,000 $150,000
28 $2,000,000 $1,000,000
30 $400,000 $200,000
31 $100,000 $ 50,000
32 $100,000 $ 50,000
§ 27. Group C of table three as contained in subsection (b) of section
4107 of the insurance law, as amended by chapter 626 of the laws of
2006, is amended to read as follows:
Group C:
3(i) or 3(ii) - for each such kind $ 100,000 $ 100,000
22 $3,000,000 $2,000,000
24 $ 300,000 $ 300,000
26 (B) $ 300,000 $ 200,000
26(A), 26 (() or 26(D) -
for each such kind $ 900,000 $ 600,000
28 $3,000,000 $2,000,000
6{5}, 12{6} or 14{2} - for
each such kind $ 50,000 $ 50,000
27 $ 300,000 $ 150,000
30 $ 300,000 $ 300,000
31 $ 100,000 $ 100,000
S. 7506--A 101 A. 9506--A
32 $ 100,000 $ $100,000"
§ 28. This act shall take effect January 1, 2021, provided, however,
that the amendments to subdivision (a) of section 439 of the family
court act made by section twenty-one of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
PART M
Section 1. The opening paragraph of paragraph (g) of subdivision 3 of
section 358-a of the social services law is designated subparagraph (i)
and a new subparagraph (ii) is added to read as follows:
(II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE SUCH CHILD'S
PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THIS CHAPTER.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE
CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
§ 2. The social services law is amended by adding a new section 393 to
read as follows:
§ 393. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE
AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND CUSTODY
WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
IN ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER,
OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO THE COMMISSIONER
OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE
HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
ENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
(I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
ARTICLE;
(II) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH
PLACEMENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE
ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
CY PLAN; AND
(III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE
S. 7506--A 102 A. 9506--A
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN ACCORDANCE
WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL DISAPPROVE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A NEW ORDER
WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A RESIDENTIAL
SETTING APPROVED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672, FOR
CHILDREN WHOSE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE WITH SECTION FOUR
HUNDRED NINE-H OF THIS ARTICLE.
(C) THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
§ 3. The social services law is amended by adding a new section 409-h
to read as follows:
§ 409-H. ASSESSMENT OF APPROPRIATENESS OF PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. 1. WITHIN THIRTY DAYS OF THE START OF A
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE
CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER OF
A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES THAT OCCURS ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND
TWENTY-ONE, A QUALIFIED INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF
SUCH PLACEMENT. SUCH QUALIFIED INDIVIDUAL AND ASSESSMENT SHALL BE IN
ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND 42 UNITED STATE CODE SECTION 672.
2. (A) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF
THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI-
ATE UNDER THE STANDARDS SET FORTH IN THE REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND 42 UNITED STATES CODE SECTION 672, THE
LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITH LEGAL CUSTODY OF THE CHILD SHALL REMOVE SUCH CHILD FROM A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM WITHIN THIRTY DAYS IN ACCORDANCE
WITH FEDERAL LAW AND THE PROVISIONS OF 42 UNITED STATES CODE SECTION
672, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD IN A
PLACEMENT SETTING APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
FOR CHILDREN WHO HAVE BEEN DETERMINED TO NOT BE APPROPRIATE FOR A PLACE-
MENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
(B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP, POST AND
MAINTAIN ON THEIR WEBSITE AN UP-TO-DATE LISTING OF THE PLACEMENT
SETTINGS APPROVED BY SUCH OFFICE FOR CHILDREN WHO HAVE BEEN DETERMINED
TO NOT BE APPROPRIATE FOR A PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM.
3. AS USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
MEANS A PROGRAM THAT IS A NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN
ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND 42 UNITED STATES CODE SECTION 672.
§ 4. The family court act is amended by adding a new section 353.7 to
read as follows:
§ 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR
S. 7506--A 103 A. 9506--A
AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR
HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY
WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT
ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW TO THE COURT AND THE ATTORNEYS FOR THE PARTIES,
INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE
PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
CATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE
DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF
SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE
LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE
COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE
RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL
OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
(B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT IN SUCH QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL
OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
(I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
PLACEMENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE
RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
(III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A QUALIFIED INDIVIDUAL
DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET FORTH
IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL
DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM.
S. 7506--A 104 A. 9506--A
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO
MOVE THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS
REQUIRED BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE
COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT
FROM BEING PLACED IN A RESIDENTIAL SETTING APPROVED IN THE REGULATIONS
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH 42
UNITED STATES CODE SECTION 672 FOR CHILDREN WHOSE PLACEMENT IN A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRI-
ATE IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW.
(C) THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
§ 5. Section 355.5 of the family court act is amended by adding a new
subdivision 10 to read as follows:
10. WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
DY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING
WITH RESPECT TO THE RESPONDENT:
(A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH
THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED IN
THE RESPONDENT'S PERMANENCY PLAN;
(B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL BE
MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
(C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE
RESPONDENT TO PREPARE THE RESPONDENT TO RETURN HOME, OR TO BE PLACED
WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR
IN A FOSTER HOME.
§ 6. Section 756-a of the family court act is amended by adding a new
subdivision (h) to read as follows:
(H) WHERE THE RESPONDENT REMAINS PLACED IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT
THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
(I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH
THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT, AS SPECIFIED IN
THE RESPONDENT'S PERMANENCY PLAN;
S. 7506--A 105 A. 9506--A
(II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE RESPONDENT IN THE PLACEMENT AND THE LENGTH OF TIME THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
(III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES
DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE RESPONDENT
TO RETURN HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL
GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER HOME.
§ 7. The family court act is amended by adding a new section 756-b to
read as follows:
§ 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
RESPONDENT IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND
TWENTY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND
WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES
DISTRICT IN ACCORDANCE WITH THIS PART.
2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES DISTRICT PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTORNEYS FOR
THE PARTIES, INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE
THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED
TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE.
PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE
PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY
NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTOR-
NEY FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH
NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACE-
MENT CHANGE.
(B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT
IN SUCH QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER
SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE
REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL
SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE
RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
(I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
PLACEMENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE
RESPONDENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
S. 7506--A 106 A. 9506--A
WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
(III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL
DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET FORTH
IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL
DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND-
ENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL
ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH RESPONDENT FROM BEING
PLACED IN A RESIDENTIAL SETTING APPROVED IN THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED
STATES CODE SECTION 672 FOR CHILDREN WHOSE PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
(C) THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
§ 8. The opening paragraph of subdivision 5 of section 1017 of the
family court act is designated paragraph (a) and a new paragraph (b) is
added to read as follows:
(B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
SUCH CHILD'S PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL SCHEDULE A
HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS
ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
SUCH HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
COMMENCED.
§ 9. The opening paragraph of subdivision (j) of section 1055 of the
family court act is designated paragraph (i) and a new paragraph (ii) is
added to read as follows:
(II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE
SUCH CHILD'S PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS
PART. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH
HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT
OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
S. 7506--A 107 A. 9506--A
§ 10. The family court act is amended by adding a new section 1055-c
to read as follows:
§ 1055-C. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
TY-ONE AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND
WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM, THE COURT SHALL:
(A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND
APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVI-
RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY
PLAN; AND
(C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL DISAPPROVE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A
RESIDENTIAL SETTING APPROVED IN THE REGULATIONS OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE
SECTION 672 FOR CHILDREN WHOSE PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
4. THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS TWO AND THREE OF
THIS SECTION.
5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
§ 11. Clause (C) of subparagraph (ix) of paragraph 5 of subdivision
(c) of section 1089 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended and a new paragraph
6 is added to read as follows:
(C) if the child is over age fourteen and has voluntarily withheld his
or her consent to an adoption, the facts and circumstances regarding the
child's decision to withhold consent and the reasons therefor[.]; AND
(6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, THE COMMISSIONER OF THE SOCIAL SERVICES DISTRICT WITH
S. 7506--A 108 A. 9506--A
LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
ING WITH RESPECT TO THE CHILD:
(I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS OF
THE CHILD CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT THE
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST
EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST
RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH THE
SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE
CHILD'S PERMANENCY PLAN;
(II) DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE CHILD IS
EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
(III) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES
DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER
HOME.
§ 12. The opening paragraph of clause (H) of subparagraph (vii) of
paragraph 2 of subdivision (d) of section 1089 of the family court act,
is designated item (I) and a new item (II) is added to read as follows:
(II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
CHILD'S PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWEN-
TY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO ITEM (I) OF THIS CLAUSE, THE COURT SHALL SCHEDULE A HEARING
IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THE SOCIAL
SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND NINETY-
ONE-A OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO
LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
§ 13. The family court act is amended by adding a new section 1091-a
to read as follows:
§ 1091-A. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
FORMER FOSTER CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH THIS ARTICLE.
2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR
OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER CARE
YOUTH INTO A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE FORMER
FOSTER CARE YOUTH, FORTHWITH, BUT NOT LATER THAN ONE BUSINESS DAY
FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE YOUTH IN
THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE
PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
CATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE
DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF
S. 7506--A 109 A. 9506--A
SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE PLACEMENT CHANGE, THE
LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE
COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE
CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL
OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
(B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, AND WHERE SUCH CHILD'S PLACEMENT IN SUCH QUALIFIED RESI-
DENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL OCCUR NO
LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER
CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
(A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
MET THROUGH PLACEMENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF
THE FORMER FOSTER CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR
THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRONMENT AND
WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM
GOALS FOR THE FORMER FOSTER CARE YOUTH, AS SPECIFIED IN THE FORMER
FOSTER CARE YOUTH'S PERMANENCY PLAN; AND
(C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE FORMER FOSTER CARE
YOUTH IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE
QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER
CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI-
ATE UNDER THE STANDARDS SET FORTH IN THE REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE
SECTION 672, THE COURT SHALL DISAPPROVE THE PLACEMENT OF THE FORMER
FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE FORMER
FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR
THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI-
DENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF
THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL
NOT PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A RESI-
DENTIAL SETTING APPROVED IN THE REGULATIONS OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672
FOR CHILDREN WHOSE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE WITH
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
5. THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS THREE AND FOUR OF
THIS SECTION.
S. 7506--A 110 A. 9506--A
6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
§ 14. The family court act is amended by adding a new section 1097 to
read as follows:
§ 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR THE
OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
2. (A) WHEN A CHILD IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES DISTRICT PURSUANT TO THIS ARTICLE, SUCH SOCIAL SERVICES
DISTRICT SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE CHILD INTO A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR
HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH,
BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED
TO OCCUR OR THE DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE.
PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE FOR THE
PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY
NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY
FOR THE CHILD, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE
SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT
CHANGE.
(B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
OF THE SOCIAL SERVICES LAW, AND WHERE SUCH CHILD'S PLACEMENT IN SUCH
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL
OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM, THE COURT SHALL:
(A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
(B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND
APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVI-
RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY
PLAN; AND
(C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
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MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL DISAPPROVE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A
RESIDENTIAL SETTING APPROVED IN THE REGULATIONS OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE
SECTION 672 FOR CHILDREN WHOSE PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
5. THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS THREE AND FOUR OF
THIS SECTION.
6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
§ 15. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
§ 16. This act shall take effect September 29, 2021; provided, howev-
er, that:
(a) (i) notwithstanding any other provision of law, provisions in this
act shall not take effect unless and until the state title IV-E agency
submits to the United States Department of Health and Human Services,
Administration for Children, Youth and Families, an amendment to the
title IV-E state plan and the United States Department of Health and
Human Services, Administration for Children, Youth and Families approves
said title IV-E state plan amendment regarding when a child is placed in
a qualified residential treatment program in relation to the following
components: (1) the establishment of the 30-day assessment as estab-
lished by section three of this act; (2) the 60-day court reviews as
established by sections one, two, four, seven, eight, nine, ten, twelve,
thirteen and fourteen of this act; and (3) permanency hearing require-
ments as established by sections five, six and eleven of this act;
(ii) provided however, that if the United States Department of Health
and Human Services, Administration for Children, Youth and Families
fails to approve or disapproves any of the components listed in para-
graph (i) of this subdivision, such action shall not impact the effec-
tive date for the remaining components listed therein;
(b) the office of children and family services shall inform the legis-
lative bill drafting commission upon the occurrence of the submission
set forth in subdivision (a) of this section and any approval related
thereto in order that the commission may maintain an effective and time-
ly database of the official texts of the state of laws of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law;
(c) if chapter 732 of the laws of 2019 shall not have taken effect on
or before such effective date, then sections one, eight, nine and twelve
S. 7506--A 112 A. 9506--A
of this act shall take effect on the same date and same manner as chap-
ter 732 of the laws of 2019, takes effect;
(d) for the purposes of this act, the term "placement" shall refer
only to placements made on or after the effective date of the Title IV-E
state plan to establish the 30-day assessment, 60-day court review and
permanency hearing requirements set forth in this act that occur on or
after its effective date; and
(e) the office of children and family services and the office of court
administration are hereby authorized to promulgate such rules and regu-
lations as may be necessary to implement the provisions of this act on
or before such effective date.
PART N
Section 1. Subdivision 10 of section 153 of the social services law,
as amended by section 1 of subpart B of part K of chapter 56 of the laws
of 2017, is amended to read as follows:
10. Expenditures made by a social services district for the mainte-
nance of children with disabilities, placed by school districts, pursu-
ant to section forty-four hundred five of the education law shall, if
approved by the office of children and family services, be subject to
[eighteen and four hundred twenty-four thousandths percent reimbursement
by the state and thirty-eight and four hundred twenty-four thousandths
percent reimbursement by school districts, except for social services
districts located within a city with a population of one million or
more, where such expenditures shall be subject to] fifty-six and eight
hundred forty-eight thousandths percent reimbursement by the school
district, in accordance with paragraph c of subdivision one of section
forty-four hundred five of the education law, after first deducting
therefrom any federal funds received or to be received on account of
such expenditures, except that in the case of a student attending a
state-operated school for the deaf or blind pursuant to article eighty-
seven or eighty-eight of the education law who was not placed in such
school by a school district such expenditures shall be subject to fifty
percent reimbursement by the [state] SCHOOL DISTRICT after first deduct-
ing therefrom any federal funds received or to be received on account of
such expenditures [and there shall be no reimbursement by school
districts]. Such expenditures shall not be subject to the limitations
on state reimbursement contained in subdivision two of section one
hundred fifty-three-k of this title. In the event of the failure of the
school district to make the maintenance payment pursuant to the
provisions of this subdivision, the state comptroller shall withhold
state reimbursement to any such school district in an amount equal to
the unpaid obligation for maintenance and pay over such sum to the
social services district upon certification of the commissioner of the
office of children and family services and the commissioner of education
that such funds are overdue and owed by such school district. The
commissioner of the office of children and family services, in consulta-
tion with the commissioner of education, shall promulgate regulations to
implement the provisions of this subdivision.
§ 2. Paragraph b of subdivision 1 of section 4405 of the education law
is REPEALED.
§ 3. This act shall take effect immediately; provided however that
the amendments to subdivision 10 of section 153 of the social services
law, by section one of this act, shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.
S. 7506--A 113 A. 9506--A
PART O
Section 1. Subdivisions 2, 3, 4 and 5 of section 365 of the executive
law, as added by section 5 of part W of chapter 57 of the laws of 2013,
the opening paragraph of paragraph (a), the opening paragraph of para-
graph (b), paragraph (g), the opening paragraph of subparagraph (ii) and
clause 6 of subparagraph (ii) of paragraph (h) of subdivision 2 as
amended by section 11 of part AA of chapter 56 of the laws of 2019, are
amended to read as follows:
2. The establishment of the first New York state veterans cemetery.
(a) The division, in cooperation with the United States department of
veterans affairs, and in consultation with, and upon the support of the
department of state division of cemeteries, is hereby directed to
conduct an investigation and study on the issue of the construction and
establishment of the first New York state veterans' cemetery. Such
investigation and study shall include, but not be limited to:
(i) Potential site locations for such cemetery, with full consider-
ation as to the needs of the veterans population;
(ii) The size of the cemetery and types of grave sites;
(iii) The number of annual interments at the cemetery;
(iv) Transportation accessibility to the cemetery by veterans, their
families and the general public;
(v) Costs for construction of the cemetery;
(vi) Costs of operation of the cemetery, including but not limited to
staffing costs to maintain the cemetery;
(vii) Scalability of the cemetery for future growth and expansion;
(viii) Potential for funding for the cemetery from federal, local and
private sources;
(ix) Cost of maintenance;
(x) Data on the population that would be served by the site;
(xi) The average age of the population in the area covered;
(xii) The mortality rate of the veteran population for the area;
(xiii) Surrounding land use;
(xiv) Topography of the land;
(xv) Site characteristics;
(xvi) Cost of land acquisition;
(xvii) The location of existing cemeteries including but not limited
to national veterans' cemeteries, county veterans' cemeteries, ceme-
teries that have plots devoted to veterans, not-for-profit cemeteries
and any other burial ground devoted to veterans and any other type of
burial grounds devoted to the interment of human remains that is of
public record; and
(xviii) Such other and further items as the director of the division
deems necessary for the first state veterans cemetery to be successful.
A report of the investigation and study conclusions shall be delivered
to the governor, the temporary president of the senate, the speaker of
the assembly and the chair of the senate committee on veterans, homeland
security and military affairs, and the chair of the assembly committee
on veterans' affairs by no later than one hundred eighty days after the
division has commenced the conduct of the investigation and study.
(b) [Prior to the commencement of the investigation and study pursuant
to paragraph (a) of this subdivision, the director of the division of
veterans' services, the director of the division of the budget, the
director of the department of state's division of cemeteries, and the
office of the state comptroller must certify to the governor, the tempo-
rary president of the senate, the speaker of the assembly, the chair of
S. 7506--A 114 A. 9506--A
the senate finance committee and the chair of the assembly ways and
means committee that the veterans remembrance and cemetery maintenance
and operation fund, created pursuant to section ninety-seven-mmmm of the
state finance law, contains moneys sufficient, adjusted to reflect
projected future inflation, to fund the operation, maintenance and the
provision of perpetual care of a state veterans' cemetery for a period
of not less than fifteen years, provided that such amount shall not
include any amount that shall be reimbursed or contributed to the ceme-
tery from the government of the United States or any amount that would
be recoverable by the cemetery pursuant to a charge of fee for the
provision of a grave site for a non-veteran spouse or family member. In
making such a certification, the director of the division of veterans'
services, the director of the division of the budget, the director of
the department of state's division of cemeteries, and the office of the
state comptroller shall consider, but are not limited to, the following
factors:
(i) physical attributes of the veterans cemetery, including size,
location, and terrain;
(ii) management and operation, including staffing costs, cost of
equipment and equipment maintenance, and security costs;
(iii) relevant state and federal requirements and specifications for
interment and perpetual care;
(iv) estimates provided by the United States department of veterans
affairs;
(v) any other fiscal cost, charge or assessment that would be incurred
by the cemetery.
(c) By no later than ninety days following the issuance of the report,
pursuant to the rules and regulations issued under paragraph (h) of this
subdivision, the director shall issue, on behalf of the division, a
request for proposals for any local government desiring to have the
first state veterans cemetery located within its political subdivision.
Such request for proposals shall be returnable to the division by no
later than sixty days following the issuance of the request for
proposals.
(d)] No later than sixty days following the [deadline for the return
of requests for proposals] SUBMISSION OF THE REPORT OF THE INVESTIGATION
AND STUDY CONCLUSIONS pursuant to paragraph [(c)] (A) of this subdivi-
sion, the director[, in consultation with the management board of the
first New York state veterans cemetery,] shall select a site for the
first New York state veterans cemetery. In selecting such site, the
director shall consider:
(i) The investigation and study, and the report produced by the same,
pursuant to paragraph (a) of this subdivision;
(ii) [The submitted responses to the requests for proposals issued
pursuant to paragraph (b) of this subdivision;
(iii)] The guidelines for receipt of federal funding specified in
section 2408 of title 38 of the United States code, part 39 of title 38
of the code of federal regulations, and any other relevant federal stat-
ute or regulation;
[(iv)] (III) The possibility of funding from private individuals,
corporations or foundations; and
[(v)] (IV) Any other consideration that would facilitate the success-
ful operation of the first New York state veterans cemetery.
[(e)] (C) No later than thirty days following the selection of the
site pursuant to paragraph [(d)] (B) of this subdivision, the director[,
in consultation with the management board of the first New York state
S. 7506--A 115 A. 9506--A
veterans cemetery,] shall commence the application process for funding
from the government of the United States, in accordance with the grant
requirements specified in section 2408 of title 38 of the United States
code, part 39 of title 38 of the code of federal regulations, and any
other relevant federal statute or regulation, for the purpose of seeking
funds to support the construction, establishment, expansion, improve-
ment, support, operation, maintenance and the provision of perpetual
care of New York state's first veterans cemetery. Such grant application
shall be based on a site selected pursuant to paragraph [(d)] (B) of
this subdivision, and shall be consistent with the guidelines for
receipt of federal funding pursuant to the relevant provisions of feder-
al law.
[(f)] (D) A management board for the first New York state veterans
cemetery shall be appointed pursuant to subdivision three of this
section.
[(g) Nothing in this section shall be construed to authorize the divi-
sion of veterans' services to commence an investigation and study pursu-
ant to paragraph (a) of this subdivision, issuing a request for
proposals pursuant to paragraph (c) of this subdivision, selecting a
site for the first New York state veterans' cemetery pursuant to para-
graph (d) of this subdivision, or submitting any application for funding
from the government of the United States in accordance with the grant
requirements specified in section 2408 of title 38 of the United States
code, part 30 of title 38 of the code of federal regulations, and other
relevant federal statutes or regulations, for the purpose of seeking
funds to support the construction, establishment, expansion, improve-
ment, support, operation, maintenance and the provision of perpetual
care of New York state's first veterans' cemetery pursuant to paragraph
(e) of this subdivision until the funds in the veterans remembrance and
cemetery maintenance and operation fund have been certified pursuant to
paragraph (b) of this subdivision.]
[(h)] (E) The director shall promulgate rules and regulations govern-
ing:
(i) [The guidelines and standards for the construction, establishment,
expansion, improvement, support, operation, maintenance and the
provision of perpetual care for a state veterans cemetery. Such guide-
lines shall include, but not be limited to:
(1) The size and terrain of the cemetery;
(2) The management and operation of the cemetery, including but not
limited to:
(A) Hours of operation;
(B) Employees, employee relations, and employee duties;
(C) The conduct and practice of events, ceremonies and programs;
(D) The filing and compliance of the cemetery with state and federal
regulators; and
(E) Such other and further operational and management practices and
procedures as the director shall determine to be necessary for the
successful operation of a state veterans cemetery.
(3) The layout of plots;
(4) The locations of building and infrastructure, including but not
limited to:
(A) Electrical lines and facilities;
(B) Waterlines, irrigation systems, and drainage facilities;
(C) Trees, flowers and other plantings;
(D) Non gravesite memorials, gravesite memorials, mausoleums, colum-
barium niches, headstones, grave markers, indoor interment facilities,
S. 7506--A 116 A. 9506--A
committal-service shelters, signage, flag poles, and other memorial
gathering spaces or infrastructure;
(E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
(F) Ponds, lakes and other water sites;
(G) Retaining walls, gates, fences, security systems or other devices
for cemetery protection; and
(H) Any other buildings, structures or infrastructure necessary for
the safe, efficient and effective operation of the cemetery;
(5) The qualifications for interment, consistent with the provisions
of state and federal law and any requirements pursuant to the receipt of
federal, state, local or private funds;
(6) The location and placement of interments;
(7) Consistent with the provisions of state and federal law and any
requirements pursuant to the receipt of federal, state, local or private
funds, the financial management of the cemetery, including but not
limited to:
(A) The procedures for the protection and implementation of the ceme-
tery's annual budget;
(B) The seeking, collecting, deposit and expenditure of operating
funds pursuant to the cemetery's budget;
(C) The seeking, collecting, deposit and expenditure of capital funds
pursuant to the cemetery's capital plan;
(D) The seeking, collecting, deposit and expenditure of emergency
funds to address an unexpected event;
(E) The assessment, charging, collection and deposit of fees and
charges;
(F) The management of cemetery finances, both current and future, with
respect to investments; and
(G) Such other and further procedures and activities concerning the
financial management of the cemetery;
(8) The provision of perpetual care for the cemetery, including but
not limited to:
(A) The frequency, standards and methods for the beautification and
maintenance of grounds, memorials, gravesites, buildings, ceremonial
sites, or other locations within, or upon the curtilage of the cemetery;
(B) The frequency, standards and methods for the provision of flags,
patriotic and military symbols, and other honorary items, at each
gravesite and throughout the cemetery; and
(C) Such other and further standards as are necessary to assure the
proper perpetual care of the cemetery in a manner befitting the highest
level of honor and respect deserving to those veterans and their fami-
lies interred in the cemetery;
(9) Guidelines and standards for the procurement of land for the ceme-
tery providing that the state veterans cemetery, and all the property
upon which it resides shall be owned in fee simple absolute by the state
of New York;
(10) Guidelines and standards for the practices and procedures for the
construction and establishment of a state veterans cemetery, including
contracting and purchasing for construction services, professional
services, legal services, architectural services, consulting services,
as well as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the grants awarded
or pursued from the federal government, or any source of private fund-
ing;
S. 7506--A 117 A. 9506--A
(11) Guidelines and standards for the practices and procedures for the
expansion and improvement of a state veterans cemetery, including
contracting and purchasing for construction services, professional
services, legal services, architectural services, consulting services,
as well as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the grants awarded
or pursued from the federal government, or any source of private fund-
ing;
(12) Any other guidelines and standards that would facilitate the
successful construction, establishment, expansion, improvement, support,
operation, maintenance and the provision of perpetual care for the state
veterans cemetery;
(ii) Guidelines and standards for the request for proposals for any
local government desiring to have the first state veterans' cemetery
located within its political subdivision, pursuant to paragraph (b) of
this subdivision, including, but not limited to:
(1) The form, requirements and standards required for submission of a
response to the request for proposals;
(2) The requirement, if the director so elects, that a response shall
require the local government to agree to contract with the state of New
York that all costs for construction, establishment, expansion, improve-
ment, support, operation, maintenance and the provision of perpetual
care of the veterans cemetery shall be the sole responsibility of, and
paid by the local government, and that to the extent such costs are not
paid or reimbursed by the government of the United States, or a private
individual, corporation or foundation;
(3) The requirement that the local government will comply with all
state and federal statutes and regulations concerning the construction,
establishment, expansion, improvement, support, operation, maintenance
and the provision of perpetual care of the state veterans cemetery, and
shall satisfy any and all applicable state and federal standards and
requirements for the perpetual care of the state veterans cemetery;
(4) That the state veterans cemetery, and all the property upon which
it resides shall be owned in fee simple absolute by the state of New
York;
(5) That all lands upon which such cemetery is constructed and estab-
lished shall be used solely for state veterans cemetery purposes, and
for the purpose of providing the honor and remembrance of veterans and
their service through ceremonies and programs;
(6) The requirement that a response shall require the local government
to agree to authorize the state of New York, in the event that the local
government fails to perform its obligations under the contract with the
state of New York, that the state director of the division of veterans'
services shall certify to the comptroller any unpaid amounts or any
amounts necessary for the state to assume the obligations which the
local government failed to perform, and the comptroller shall, to the
extent not otherwise prohibited by law, withhold such amount from any
state aid or other amount payable to such local government; to the
extent that sufficient funds are not available for such withholding, the
state may pursue any and all available legal remedies to enforce the
terms of the contract entered into between the state and a local govern-
ment pursuant to this subdivision; and
(7) Such other and further requirements as the director may deem
prudent in the facilitation of the successful siting and operation of a
state veterans cemetery in the jurisdiction of the local government; and
S. 7506--A 118 A. 9506--A
(iii)] THE MANAGEMENT, OPERATION, MAINTENANCE, EXPANSION AND IMPROVE-
MENT OF THE CEMETERY; AND
(II) Such other and further guidelines and standards as are necessary
for the successful construction, establishment, expansion, improvement,
support, operation, maintenance and the provision of perpetual care for
a state veterans cemetery;
[(i) Upon the approval of the application for funding from the govern-
ment of the United States, made pursuant to paragraph (e) of this subdi-
vision, the director, upon consultation with the management board, shall
commence the process of construction and establishment of the first
state veterans cemetery. Such process shall be consistent with the rele-
vant provisions of local, state and federal law, and the rules and regu-
lations established pursuant to paragraph (h) of this subdivision.]
3. Management boards of New York state veterans cemeteries. (a) For
each New York state veterans cemetery there shall be a management board.
Each such management board shall consist of nine members, including the
director of the division who shall serve as chair, and four members,
appointed by the governor. Of such four members, not fewer than two
shall be a veteran of the United States army, the United States navy,
the United States air force, the United States marines, the New York
army national guard, the New York air national guard, the New York naval
militia, or a member who has served in a theater of combat operations of
the United States coast guard or the United States merchant marine. Two
members shall be appointed by the temporary president of the senate, and
two members shall be appointed by the speaker of the state assembly. At
least one of the members appointed by the temporary president of the
senate and at least one of the members appointed by the speaker of the
assembly shall be a veteran of the United States army, the United States
navy, the United States air force, the United States marines, the New
York army national guard, the New York air national guard, the New York
naval militia, or a member who has served in a theater of combat oper-
ations of the United States coast guard or the United States merchant
marine. No member shall receive any compensation for his or her service,
but members who are not state officials may be reimbursed for their
actual and necessary expenses, including travel expenses incurred in
performance of their duties. The management board may consult with any
federal, state or local entity for the purposes of advancing its
purposes, mission and duties.
(b) The management board shall advise, by majority vote, the director
on issues concerning the [construction, establishment, expansion,
improvement, support, operation, maintenance and the provision of
perpetual care] OPERATIONS AND PERPETUAL CARE for the veterans cemetery,
including but not limited to issues of financial concern, employment
relations, cemetery policy, cemetery events and programs, and such other
and further issues as the board and director shall deem important.
(C) THE DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD OF A STATE
VETERANS CEMETERY, MAY PROVIDE FOR THE EXPANSION AND/OR IMPROVEMENT OF
THE CEMETERY. SUCH EXPANSION AND IMPROVEMENT SHALL BE CONDUCTED IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE DIVISION UNDER PARA-
GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION.
4. Additional state veterans cemeteries. (a) [Not later than ten years
after the construction and establishment of the first New York state
veterans cemetery, and every ten years thereafter, the division, in
cooperation with the United States department of veterans affairs, shall
conduct an investigation and study on the issue of the construction and
establishment of additional New York state veterans cemeteries. Such
S. 7506--A 119 A. 9506--A
investigation and study shall consider, but not be limited to, the study
parameters established pursuant to paragraph (a) of subdivision two of
this section. A report of the investigation and study required to be
conducted pursuant to this subdivision shall be delivered to the gover-
nor, the temporary president of the senate, the speaker of the assembly
and the chair of the senate committee on veterans, homeland security and
military affairs, and the chair of the assembly committee on veterans'
affairs, by no later than ninety days after the division has commenced
the conduct of the investigation and study;
(b) The report of the investigation and study required to be conducted
pursuant to this subdivision shall provide a determination by the direc-
tor as to whether the state should construct and establish one or more
additional veterans cemeteries, and shall state the reasoning and basis
for such determination; and
(c)] The division may, at the discretion of the director, [at any time
after five years from the completion of construction of the most recent-
ly constructed and established state veterans cemetery,] in cooperation
with the United States department of veterans affairs, conduct an inves-
tigation and study on the issue of the construction and establishment of
additional New York state veterans cemeteries. A report of the investi-
gation and study required to be conducted shall be delivered to the
governor, the temporary president of the senate, the speaker of the
assembly and the chair of the senate committee on veterans, homeland
security and military affairs, and the chair of the assembly committee
on veterans' affairs, by no later than ninety days after the division
has commenced the conduct of the investigation and study.
[(d)] (B) If the director, pursuant to the investigation and study
conducted pursuant to this subdivision, determines that there shall be
an additional state veterans cemetery in New York state, the director
shall provide for the construction and establishment of such new veter-
ans cemetery pursuant to the same guidelines and standards for the
construction and establishment of the first state veterans cemetery
under this section.
[5. Expansion and improvement of existing state veterans cemeteries.
The director, in consultation with the management board of a state
veterans cemetery, may provide for the expansion and/or improvement of
the cemetery. Such expansion and improvement shall be conducted in
accordance with the rules and regulations of the division under para-
graph (h) of subdivision two of this section.]
§ 2. The opening paragraph of paragraph (a) of subdivision 12 of