Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 12, 2019 |
signed chap.56 |
Apr 01, 2019 |
delivered to governor |
Mar 31, 2019 |
returned to assembly passed senate 3rd reading cal.358 substituted for s1506c |
Mar 31, 2019 |
substituted by a2006c ordered to third reading cal.358 |
Mar 28, 2019 |
print number 1506c |
Mar 28, 2019 |
amend (t) and recommit to finance |
Mar 12, 2019 |
print number 1506b |
Mar 12, 2019 |
amend (t) and recommit to finance |
Feb 19, 2019 |
print number 1506a |
Feb 19, 2019 |
amend (t) and recommit to finance |
Jan 18, 2019 |
referred to finance |
Senate Bill S1506C
Signed By Governor2019-2020 Legislative Session
Enacts into law major components of legislation necessary to implement the state education, labor, housing, and family assistance budget for the 2019-2020 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via A2006 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 31, 2019
aye (40)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Mar 31, 2019 - Finance Committee Vote
S1506C14Aye9Nay0Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2019-S1506 - Details
- See Assembly Version of this Bill:
- A2006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S1506 - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2019-2020 state fiscal year; relates to residency requirements for the purpose of qualifying for certain scholarships and financial assistance for higher education; and repeals section 609-a of the education law as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed by legislative bill numbers S.1250 and A.782 (Part D); relates to the arts capital grants fund (Part F)
2019-S1506 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1506 A. 2006 S E N A T E - A S S E M B L Y January 18, 2019 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to a statement of the total funding allocation; to amend the education law, in relation to services aid; to amend the education law, in relation to moneys apportioned for boards of cooper- ative educational services aidable expenditures; to amend the educa- tion law, in relation to establishing regional STEM magnet schools; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to academic enhance- ment aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to the statewide universal full- day pre-kindergarten program; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; to amend the education law, in relation to waivers from duties; to amend the educa- tion law, in relation to annual teacher and principal evaluations; to amend the education law, in relation to the education of homeless children; to amend the education law, in relation to the suspension of pupils; to amend the education law, in relation to school safety plans; to amend the education law, in relation to including healthy relationships in health education; to amend the education law, in relation to authorizing and directing the commissioner of education to require that every school district adopt and distribute a policy regarding sex discrimination; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2019-2020 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-01-9 S. 1506 2 A. 2006 city, in relation to withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effective- ness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the educa- tion law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend chapter 91 of the laws of 2002, amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relat- ing to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effective- ness thereof; to amend chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, in relation to the effectiveness thereof; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effectiveness thereof; to amend chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; in relation to school bus driver train- ing; in relation to special apportionment for salary expenses and public pension accruals; in relation to the city school district of the city of Rochester; in relation to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2019-2020 school year; in relation to the support of public libraries; to repeal subparagraphs 2 and 3 of paragraph a of subdivision 1 of section 3609-a of the educa- tion law, relating to lottery apportionment and lottery textbook apportionment; and to repeal subparagraphs 1 and 2 of paragraph b of subdivision 4 of section 92-c of the state finance law, relating to the state lottery fund (Part A); to amend the education law, the busi- ness corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part B); to amend the education law, in relation to authorizing school bus stop cameras; and to amend the vehicle and traffic law, in relation to owner liability for operator illegally overtaking or passing a school bus and increasing fines for passing a stopped school bus (Part C); to amend the education law, in relation to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the high- er education opportunity programs and the collegiate science and tech- nology entry program; the definition of "resident"; financial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of the education S. 1506 3 A. 2006 law relating thereto (Part D); to amend the education law, in relation to the accountability of proprietary institutions (Part E); to amend the state finance law, in relation to the arts capital grants fund (Part F); to utilize reserves in the mortgage insurance fund for vari- ous housing purposes (Part G); to amend the social services law, in relation to the initial period of licensure or registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto (Part H); to amend the social services law, in relation to federally required background clearances for persons working in resi- dential foster care programs (Part I); to amend the social services law, in relation to residential programs for domestic violence victims; and repealing certain provisions of such law relating thereto (Part J); to amend the family court act, the social services law and the executive law, in relation to persons in need of supervision; and to repeal certain provisions of the family court act and the executive law relating thereto (Part K); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part L); to amend the social services law, in relation to appointment of a temporary opera- tor authority (Subpart A); and to amend part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Subpart B) (Part M); to amend the social services law, in relation to permitting social services districts to assign individuals to participate in time-limited job try-outs as an allowable work activity leading to unsubsidized employment (Part N); to amend the labor law, in relation to increasing criminal penalties for convictions of failures to pay wages (Part O); to amend the labor law, in relation to amending unemployment insurance benefits for earnings disregard (Part P); to amend the executive law, in relation to prohib- iting wage or salary history inquiries; and to amend the labor law, in relation to the prohibition of a differential rate of pay on the basis of protected class status (Part Q); to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes (Part R); to amend the executive law, in relation to expanding the scope of unlawful discri- minatory practices to include public educational institutions (Part S); to amend the executive law, in relation to preventing discrimi- nation based on lawful source of income in housing (Part T); to amend the general obligations law, in relation to the amount of security deposit that a landlord may charge a tenant (Part U); to amend the executive law, the general obligations law and the labor law, in relation to the implementation of sexual harassment protocols (Part V); to amend the general business law, in relation to enacting the pension poaching prevention act (Part W); to amend the executive law, in relation to amending the definition of pregnancy-related condition (Part X); to amend the education law, in relation to prohibiting mental health professionals from engaging in sexual orientation change efforts with a patient under the age of eighteen years and expanding the definition of professional misconduct with respect to mental S. 1506 4 A. 2006 health professionals (Part Y); and establishing the "rent regulation act of 2019" (Part Z) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2019-2020 state fiscal year. Each component is wholly contained within a Part identified as Parts A through Z. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two S. 1506 5 A. 2006 of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, S. 1506 6 A. 2006 PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjust- ment computed pursuant to chapter fifty-three of the laws of two thou- sand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activities in the current year. § 2. Section 3614 of the education law, as added by section 4 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 3614. Statement of the total funding allocation. 1. Notwithstanding any provision of law, rule or regulation to the contrary, commencing with the two thousand eighteen--two thousand nineteen school year for school districts which contain at least four schools as reported in the school report card database produced by the commissioner for the two thousand sixteen--two thousand seventeen school year and which receive at least fifty percent of total revenue from state aid as reported in the fiscal profiles master files report produced by the commissioner concerning data on school district expenditures and revenues for the two thousand fifteen--two thousand sixteen school year and for school districts located in a city with a population of more than one million, and commencing with the two thousand nineteen--two thousand twenty school year for school districts containing at least four schools as reported in the school report card database produced by the commissioner for the two thousand sixteen--two thousand seventeen school year, and commencing with the two thousand twenty--two thousand twenty-one school year for all [other] school districts eligible for an apportionment pursuant to subdivision four of section thirty-six hundred two of this part, such school districts shall annually submit to the commissioner and the director of the budget and shall make publicly available and on the district website a detailed statement of the total funding allo- cation for each school in the district for the upcoming school budget year [prior to the first day of] ON OR BEFORE THE FRIDAY PRIOR TO LABOR DAY OF such school year, provided that: a. Such statements shall be in a statewide uniform form developed by the director of the budget, in consultation with the commissioner, provided that when preparing statements districts shall adhere to and complete the prescribed form accurately and fully, and provided further that the director of the budget shall request in such form only informa- tion that is known to, or may be ascertained or estimated by, the district. Provided, further, that each local educational agency shall include in such statement the approach used to allocate funds to each school and that such statement shall include but not be limited to sepa- rate entries for each individual school, demographic data for the S. 1506 7 A. 2006 school, per pupil funding level, source of funds, and uniform decision rules regarding allocation of centralized spending to individual schools from all funding sources. b. Within [thirty] NINETY days of submission of such statement by a school district, the commissioner and director of the budget shall review such statement and determine whether the statement is complete and is in the format required by paragraph a of this subdivision. If such statement is determined to be complete and in the format required by paragraph a of this subdivision, a written acknowledgement of such shall be sent to the school district. If no determination is made by the commissioner and the director of the budget within [thirty] NINETY days of submission of the statement, such statement shall be deemed approved. Should the commissioner or the director of the budget request additional information from the school district to determine completeness, THE DISTRICT SHALL SUBMIT SUCH REQUESTED INFORMATION TO THE COMMISSIONER AND THE DIRECTOR OF THE BUDGET WITHIN THIRTY DAYS OF SUCH REQUEST AND the COMMISSIONER AND THE DIRECTOR OF THE BUDGET'S deadline FOR REVIEW AND DETERMINATION shall be extended by [thirty] NINETY days from the date of submission of the additional requested information. If the commissioner or director of the budget determine a school district's spending state- ment to be noncompliant, such school district shall be allowed to submit a revised spending statement at any time. c. If a school district fails to submit a statement that is complete and in the format required by paragraph a of this subdivision [by the first day] ON OR BEFORE THE FRIDAY PRIOR TO LABOR DAY of such school year or if the commissioner or director of the budget determine the school district's spending statement to be noncompliant, a written explanation shall be provided and the school district will have thirty days to cure. If the school district does not cure within thirty days, AT THE JOINT DIRECTION OF THE DIRECTOR OF THE BUDGET AND THE COMMISSION- ER, the comptroller of the city in which such school district is situ- ated, or if the city does not have an elected comptroller, the chief financial officer of the city, or for school districts not located in a city, the chief financial officer of the town in which the majority of the school district is situated shall be authorized, at his or her discretion, to obtain appropriate information from the school district, and shall be authorized to complete such form and submit such statement to the director of the budget and the commissioner for approval in accordance with paragraph b of this subdivision. Where the comptroller or chief financial officer exercises the authority to submit such form, such submission shall occur within sixty days following notification of the school district's failure to cure. Nothing in this paragraph shall preclude a school district from submitting a spending statement for approval by the director of the budget and the commissioner at any time. 2. Nothing in this section shall alter or suspend statutory school district budget and voting or approval requirements. 3. A. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER, SCHOOL DISTRICTS DESIGNATED AS REQUIRING AN EQUITY PLAN SHALL SUBMIT SUCH PLAN AS DEFINED IN THIS SECTION ON OR BEFORE JULY FIRST OF SUCH SCHOOL YEAR TO THE COMMISSIONER FOR HIS OR HER APPROVAL. SUCH PLAN SHALL SPECIFY HOW THE SCHOOL DISTRICT WILL INCREASE PER PUPIL EXPENDITURES, FROM ALL SOURCES, IN UNDERFUNDED HIGH-NEED SCHOOLS UNDER THIS SUBDIVISION WITHIN SUCH DISTRICT ABOVE THE LEVEL AT WHICH THE SCHOOL DISTRICT WOULD HAVE OTHERWISE FUNDED SUCH SCHOOLS IN THE CURRENT YEAR IN ORDER TO MAINTAIN A LEVEL OF CURRENT SERVICES FROM THE BASE YEAR, INCLUDING BUT NOT LIMITED TO CONTRACTUAL SALARY INCREASES AND S. 1506 8 A. 2006 OTHER CONTINUATIONS. SUCH PLAN SHALL SPECIFY HOW THE DISTRICT WILL UTILIZE FOR THIS PURPOSE AN AMOUNT AT LEAST EQUAL TO THE PRODUCT OF THE EQUITY PERCENTAGE MULTIPLIED BY THE INCREASE IN FOUNDATION AID IN THE CURRENT YEAR PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. B. ON OR BEFORE MAY FIRST OF THE BASE YEAR, THE DIRECTOR OF THE BUDGET SHALL PRODUCE A LIST OF UNDERFUNDED HIGH-NEED SCHOOLS, AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION. PROVIDED, HOWEVER, THAT THE DIRECTOR OF THE BUDGET SHALL EXCLUDE FROM THIS LIST SCHOOLS WITHIN DISTRICT SEVEN- TY-FIVE OF THE CITY SCHOOL DISTRICT OF NEW YORK, SCHOOLS THAT ARE OF THE SAME SCHOOL TYPE WITHIN A DISTRICT BUT DO NOT SERVE ANY GRADE LEVELS THAT OVERLAP, SCHOOLS SERVING ONLY STUDENTS IN PREKINDERGARTEN, OR ANY OTHER SCHOOLS WITH IRREGULAR OR OUTLYING PROPERTIES. C. IN THE EVENT THAT A SCHOOL DISTRICT DESIGNATED AS REQUIRING AN EQUITY PLAN FOR ANY SUCH SCHOOL YEAR HAS NOT SUBMITTED AN EQUITY PLAN PURSUANT TO THIS SUBDIVISION THAT HAS BEEN APPROVED BY THE COMMISSIONER BY SEPTEMBER FIRST OF THE SCHOOL YEAR, THE COMMISSIONER SHALL DEVELOP SUCH PLAN FOR THE SCHOOL DISTRICT, SPECIFYING THE INCREASE IN PER PUPIL EXPENDITURES REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION AT EACH UNDER- FUNDED HIGH-NEED SCHOOL WITHIN THE SCHOOL DISTRICT, AND SHALL ORDER THE OFFICERS OF THE SCHOOL DISTRICT TO IMPLEMENT SUCH PLAN FULLY AND FAITH- FULLY. D. FOR PURPOSES OF THIS SUBDIVISION: (1) "SCHOOL DISTRICTS DESIGNATED AS REQUIRING AN EQUITY PLAN" SHALL MEAN ANY SCHOOL DISTRICT THAT IS REQUIRED TO SUBMIT A STATEMENT UNDER SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR WITH AN UNDERFUNDED HIGH-NEED SCHOOL; (2) "EQUITY PERCENTAGE" SHALL MEAN THE PRODUCT OF TEN PERCENT MULTI- PLIED BY THE NUMBER OF UNDERFUNDED HIGH-NEED SCHOOLS WITHIN THE SCHOOL DISTRICT, BUT SHALL NOT EXCEED: (A) FIFTY PERCENT FOR ANY SCHOOL DISTRICT WHICH RECEIVES AT LEAST FIFTY PERCENT OF TOTAL REVENUE FROM STATE AID AS REPORTED IN THE FISCAL PROFILES MASTER FILES REPORT PRODUCED BY THE COMMISSIONER CONCERNING DATA ON SCHOOL DISTRICT EXPENDI- TURES AND REVENUES FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR; AND (B) SEVENTY-FIVE PERCENT FOR ANY OTHER SCHOOL DISTRICT; (3) "SCHOOL TYPE" FOR ANY SCHOOL SHALL MEAN ELEMENTARY, MIDDLE, HIGH, PRE-K ONLY, OR K-12, AS DEFINED BY THE COMMISSIONER, PROVIDED THAT FOR PURPOSES OF THIS SUBDIVISION, A "MIDDLE" SCHOOL SHALL INCLUDE ANY SCHOOL WITH THE GRADE ORGANIZATION OF EITHER A MIDDLE SCHOOL OR A JUNIOR HIGH SCHOOL, AND A "HIGH" SCHOOL SHALL INCLUDE ANY SCHOOL WITH THE GRADE ORGANIZATION OF EITHER A SENIOR HIGH SCHOOL OR A JUNIOR-SENIOR HIGH SCHOOL; (4) "UNDERFUNDED HIGH-NEED SCHOOL" SHALL MEAN A SCHOOL WITHIN A SCHOOL DISTRICT THAT HAS BEEN DEEMED BOTH A SIGNIFICANTLY HIGH-NEED SCHOOL AND A SIGNIFICANTLY LOW FUNDED SCHOOL; (5) "STUDENT NEED INDEX" FOR ANY SCHOOL SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE WEIGHTED STUDENT ENROLLMENT AS DEFINED HEREIN BY THE K-12 ENROLLMENT FOR THE BASE YEAR AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; (6) "AVERAGE STUDENT NEED INDEX BY SCHOOL TYPE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE SUM OF WEIGHTED STUDENT ENROLLMENT AS DEFINED HEREIN FOR ALL SCHOOLS WITHIN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE BY THE K-12 ENROLLMENT FOR THE BASE YEAR FOR ALL SCHOOLS IN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; S. 1506 9 A. 2006 (7) "WEIGHTED STUDENT ENROLLMENT" FOR ANY SCHOOL SHALL MEAN THE SUM OF: (A) K-12 ENROLLMENT PLUS (B) THE PRODUCT OF THE NUMBER OF STUDENTS ELIGIBLE TO RECEIVE FREE AND REDUCED PRICE LUNCH MULTIPLIED BY SIXTY- FIVE ONE-HUNDREDTHS (0.65) PLUS (C) THE PRODUCT OF THE NUMBER OF ENGLISH LANGUAGE LEARNERS MULTIPLIED BY ONE-HALF (0.5), PLUS (D) THE PRODUCT OF THE NUMBER OF STUDENTS WITH DISABILITIES MULTIPLIED BY ONE AND FORTY-ONE ONE-HUNDREDTHS (1.41), FOR THE BASE YEAR AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; (8) "SIGNIFICANTLY HIGH-NEED SCHOOL" SHALL MEAN A SCHOOL WITH A STUDENT NEED INDEX GREATER THAN THE PRODUCT OF THE AVERAGE STUDENT NEED INDEX BY SCHOOL TYPE WITHIN THE SCHOOL DISTRICT MULTIPLIED BY ONE AND FIVE ONE-HUNDREDTHS (1.05); (9) "PER PUPIL EXPENDITURES" FOR ANY SCHOOL SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE EXPENDITURE AMOUNT AS REPORTED FOR THE BASE YEAR IN THE STATEMENT REQUIRED PURSUANT TO THIS SECTION, EXCLUDING EXPENDITURES FOR PREKINDERGARTEN AND PRESCHOOL SPECIAL EDUCATION PROGRAMS AND CENTRAL DISTRICT COSTS BY THE WEIGHTED STUDENT ENROLLMENT OF THE SCHOOL; (10) "AVERAGE PER PUPIL EXPENDITURES BY SCHOOL TYPE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF THE EXPENDITURE AMOUNTS REPORTED FOR THE BASE YEAR IN THE STATEMENT REQUIRED PURSUANT TO THIS SECTION, EXCLUDING EXPENDITURES FOR PREKINDERGARTEN AND PRESCHOOL SPECIAL EDUCATION PROGRAMS AND CENTRAL DISTRICT COSTS, FOR ALL SCHOOLS WITHIN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE BY (B) THE WEIGHTED STUDENT ENROLLMENT FOR THE BASE YEAR FOR ALL SCHOOLS IN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; (11) "SIGNIFICANTLY LOW FUNDED SCHOOL" SHALL MEAN A SCHOOL WITHIN A SCHOOL DISTRICT THAT HAS PER PUPIL EXPENDITURES LESS THAN THE PRODUCT OF THE AVERAGE PER PUPIL EXPENDITURES BY SCHOOL TYPE WITHIN THE SCHOOL DISTRICT MULTIPLIED BY ONE AND FIVE ONE-HUNDREDTHS (1.05). (12) "BASE YEAR" SHALL MEAN THE BASE YEAR AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. (13) "CURRENT YEAR" SHALL MEAN THE CURRENT YEAR AS DEFINED IN PARA- GRAPH A OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. § 3. Paragraph bb of subdivision 1 of section 3602 of the education law, as added by section 25 of part A of chapter 58 of the laws of 2011, is amended to read as follows: bb. "Personal income growth index" shall mean (1) for the two thousand twelve--two thousand thirteen school year, the average of the quotients for each year in the period commencing with the two thousand five--two thousand six state fiscal year and finishing with the two thousand nine- -two thousand ten state fiscal year of the total personal income of the state for each such year divided by the total personal income of the state for the immediately preceding state fiscal year, but not less than one [and], (2) for the two thousand thirteen--two thousand fourteen [school year and each school year thereafter] THROUGH TWO THOUSAND EIGH- TEEN--TWO THOUSAND NINETEEN SCHOOL YEARS, the quotient of the total personal income of the state for the state fiscal year one year prior to the state fiscal year in which the base year commenced divided by the total personal income of the state for the immediately preceding state fiscal year, but not less than one AND (3) FOR THE TWO THOUSAND NINE- TEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, THE AVERAGE OF THE QUOTIENTS FOR EACH YEAR IN THE PERIOD COMMENCING WITH THE STATE FISCAL YEAR NINE YEARS PRIOR TO THE STATE FISCAL YEAR IN WHICH S. 1506 10 A. 2006 THE BASE YEAR BEGAN AND FINISHING WITH THE STATE FISCAL YEAR PRIOR TO THE STATE FISCAL YEAR IN WHICH THE BASE YEAR BEGAN OF THE TOTAL PERSONAL INCOME OF THE STATE FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT NOT LESS THAN ONE. § 4. Paragraph e of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: e. Community schools aid set-aside. Each school district shall set aside from its total foundation aid computed for the current year pursu- ant to this subdivision an amount equal to the sum of (i) the amount, if any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the data file produced by the commissioner in support of the enacted budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", (ii) the amount, if any, set forth for such district as "COMMUNITY SCHL INCR" in the data file produced by the commissioner in support of the executive budget request for the two thousand seven- teen--two thousand eighteen school year and entitled "BT171-8", [and] (iii) the amount, if any, set forth for such district as "COMMUNITY SCHOOLS INCREASE" in the data file produced by the commissioner in support of the executive budget for the two thousand eighteen--two thou- sand nineteen school year and entitled "BT181-9", AND (IV) THE AMOUNT, IF ANY, SET FORTH FOR SUCH DISTRICT AS "19-20 COMMUNITY SCHOOLS INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND ENTITLED "BT192-0". Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount to support the transformation of school build- ings into community hubs to deliver co-located or school-linked academ- ic, health, mental health, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordinator, or to support other costs incurred to maximize students' academic achievement. Each school district shall use such "COMMUNITY SCHL INCR" amount to support the transformation of school buildings into community hubs to deliver co-lo- cated or school linked academic, health, mental health services and personnel, after-school programming, dual language programs, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordina- tor and programs for English language learners, or to support other costs incurred to maximize students' academic achievement, provided however that a school district whose "COMMUNITY SCHL INCR" amount exceeds one million dollars ($1,000,000) shall use an amount equal to the greater of one hundred fifty thousand dollars ($150,000) or ten percent of such "COMMUNITY SCHL INCR" amount to support such transforma- tion at schools with extraordinary high levels of student need as iden- tified by the commissioner, subject to the approval of the director of the budget. Each school district shall use such "COMMUNITY SCHOOLS INCREASE" to support the transformation of school buildings into commu- nity hubs to deliver co-located or school linked academic, health, mental health services and personnel, after-school programming, dual language programs, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordinator and programs for English language learners, or to support other costs incurred to maximize students' academic achievement. EACH SCHOOL DISTRICT SHALL USE SUCH "19-20 COMMU- NITY SCHOOLS INCR" TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS S. 1506 11 A. 2006 INTO COMMUNITY HUBS TO DELIVER CO-LOCATED OR SCHOOL LINKED ACADEMIC, HEALTH, MENTAL HEALTH SERVICES AND PERSONNEL, AFTER-SCHOOL PROGRAMMING, DUAL LANGUAGE PROGRAMS, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY SCHOOL SITE COORDINATOR AND PROGRAMS FOR ENGLISH LANGUAGE LEARNERS. § 5. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph g to read as follows: G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA- RY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR SHALL EQUAL THE SUM OF THE FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE BASE INCREASE PLUS THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY COMMUNITY SCHOOLS INCREASE, BOTH AS DEFINED IN THIS PARAGRAPH. (1) THE BASE INCREASE SHALL EQUAL THE GREATER OF TIERS A, B, C, OR D AS DEFINED IN THIS SUBPARAGRAPH. (A) TIER A SHALL EQUAL THE PRODUCT OF THE PHASE-IN FACTOR MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (A) THE PRODUCT OF THE TOTAL AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID LESS (B) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, WHERE "PHASE-IN FACTOR" SHALL MEAN (1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, ELEVEN THOUSAND NINE HUNDRED THIRTY-FOUR HUNDRED THOUSANDTHS (0.11934), AND (2) FOR ALL OTHER SCHOOL DISTRICTS, FIVE ONE-THOUSANDTHS (0.005). (B) TIER B SHALL EQUAL, FOR DISTRICTS WITH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN ONE AND AN EXTRAORDINARY NEEDS PERCENT FOR THE DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION GREATER THAN THREE HUNDRED FIFTEEN ONE-THOUSANDTHS (0.315), THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF THE EN BASE INCREASE PLUS THE SPARSITY INCREASE, WHERE "EN BASE INCREASE" SHALL MEAN THE PRODUCT, TRUNCATED TO TWO DECIMALS, OF THE EXTRAORDINARY NEEDS INDEX MULTIPLIED BY NINETY-SEVEN DOLLARS AND THREE CENTS ($97.03); "EXTRAORDINARY NEEDS INDEX" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE EXTRAORDINARY NEEDS PERCENT BY THE QUOTIENT ARRIVED AT WHEN DIVIDING THE STATEWIDE EXTRAORDINARY NEEDS COUNT COMPUTED PURSUANT TO PARAGRAPH S OF SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE TOTAL PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; "SPARSITY INCREASE" SHALL MEAN, FOR DISTRICTS WITH A SPARSITY FACTOR COMPUTED PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO AND OTHERWISE ELIGIBLE FOR THIS TIER, THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX AS COMPUTED HEREIN MULTIPLIED BY THIRTY DOLLARS ($30.00). (C) TIER C SHALL EQUAL, FOR ALL SCHOOL DISTRICTS, THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE PRODUCT OF THE TIER C RATIO MULTIPLIED BY ONE HUNDRED SEVENTY-THREE DOLLARS AND TWO AND ONE- HALF CENTS ($173.025), WHERE THE "TIER C RATIO" SHALL BE THE DIFFERENCE OF ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) LESS THE PRODUCT OF ONE AND SEVENTY-TWO HUNDREDTHS (1.72) MULTIPLIED BY THE PUPIL WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT SUCH RATIO SHALL NOT BE LESS THAN ZERO NOR MORE THAN NINE-TENTHS (0.9). S. 1506 12 A. 2006 (D) TIER D SHALL EQUAL, FOR ALL SCHOOL DISTRICTS, THE PRODUCT OF THE FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY TWENTY-FIVE TEN THOUSANDTHS (0.0025). (2) THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY COMMUNITY SCHOOLS INCREASE SHALL EQUAL THE GREATER OF TIERS ONE OR TWO, WHERE: (A) TIER ONE SHALL EQUAL, FOR ELIGIBLE SCHOOL DISTRICTS, THE TIER ONE PER PUPIL AMOUNT MULTIPLIED BY PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, WHERE THE TIER ONE PER PUPIL AMOUNT SHALL EQUAL THE PRODUCT OF EIGHTY- TWO DOLLARS AND SIXTY-THREE CENTS ($82.63) MULTIPLIED BY THE TIER ONE RATIO, WHERE THE TIER ONE RATIO SHALL EQUAL THE DIFFERENCE OF ONE LESS THE PRODUCT OF THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID MULTI- PLIED BY SIXTY-FOUR HUNDREDTHS (0.64), PROVIDED THAT SUCH RATIO SHALL NOT BE LESS THAN ZERO NOR GREATER THAN NINE-TENTHS (0.9). AN "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A SCHOOL DISTRICT WITH (I) AT LEAST ONE SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO PARAGRAPH (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND EIGH- TEEN OR, (II) A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN NINE-TENTHS (0.9), AND FIVE YEAR ELL GROWTH GREATER THAN THE GREATER OF ONE HUNDRED (100) PUPILS OR THE GROWTH THRESHOLD, WHERE "FIVE YEAR ELL GROWTH" SHALL EQUAL THE POSITIVE DIFFERENCE OF THE ENGLISH LANGUAGE LEARNER COUNT FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR LESS SUCH COUNT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, AND WHERE "GROWTH THRESHOLD" SHALL EQUAL THE PROD- UCT OF THE ENGLISH LANGUAGE LEARNER COUNT FOR THE TWO THOUSAND THIR- TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR MULTIPLIED BY ONE-TENTH (0.1). (B) TIER TWO SHALL EQUAL, FOR ALL SCHOOL DISTRICTS WITH A COMMUNITY SCHOOLS SETASIDE PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION GREATER THAN ZERO, THE POSITIVE DIFFERENCE, IF ANY, OF ONE HUNDRED THOUSAND DOLLARS ($100,000) LESS SUCH COMMUNITY SCHOOLS SETASIDE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR PURSUANT TO PARA- GRAPH E OF THIS SUBDIVISION. § 5-a. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: (ii) Phase-in foundation increase factor. For the two thousand eleven--two thousand twelve school year, the phase-in foundation increase factor shall equal thirty-seven and one-half percent (0.375) and the phase-in due minimum percent shall equal nineteen and forty-one hundredths percent (0.1941), for the two thousand twelve--two thousand thirteen school year the phase-in foundation increase factor shall equal one and seven-tenths percent (0.017), for the two thousand thirteen--two thousand fourteen school year the phase-in foundation increase factor shall equal (1) for a city school district in a city having a population of one million or more, five and twenty-three hundredths percent (0.0523) or (2) for all other school districts zero percent, for the two thousand fourteen--two thousand fifteen school year the phase-in founda- tion increase factor shall equal (1) for a city school district of a city having a population of one million or more, four and thirty-two hundredths percent (0.0432) or (2) for a school district other than a city school district having a population of one million or more for which (A) the quotient of the positive difference of the foundation formula aid minus the foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by the foundation formula S. 1506 13 A. 2006 aid is greater than twenty-two percent (0.22) and (B) a combined wealth ratio less than thirty-five hundredths (0.35), seven percent (0.07) or (3) for all other school districts, four and thirty-one hundredths percent (0.0431), and for the two thousand fifteen--two thousand sixteen school year the phase-in foundation increase factor shall equal: (1) for a city school district of a city having a population of one million or more, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected foundation aid is greater than nineteen percent (0.19), and where the district's combined wealth ratio is less than thirty-three hundredths (0.33), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty-one thousandths percent (0.04751); or (6) for all other districts one percent (0.01), and for the two thousand sixteen--two thousand seventeen school year the foundation aid phase-in increase factor shall equal for an eligible school district the greater of: (1) for a city school district in a city with a population of one million or more, seven and seven hundred eighty four thousandths percent (0.07784); or (2) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million as of the most recent federal decennial census, seven and three hundredths percent (0.0703); or (3) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thou- sand as of the most recent federal decennial census, six and seventy-two hundredths percent (0.0672); or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thousand as of the most recent federal decennial census, six and seventy-four hundredths percent (0.0674); or (5) for a city school district in a city with a population of more than one hundred twenty- five thousand but less than one hundred fifty thousand as of the most recent federal decennial census, nine and fifty-five hundredths percent (0.0955); or (6) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5" with a combined wealth ratio less than one and four tenths (1.4), nine percent (0.09), provided, however, that for such districts that are also districts designated as high need urban-suburban pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section S. 1506 14 A. 2006 for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", nine and seven hundred and nineteen thousandths percent (0.09719); or (7) for school districts designated as high need rural pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for school districts designated as high need urban-suburban pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thou- sand eight school year and entitled "SA0708", seven hundred nineteen thousandths percent (0.00719); or (9) for all other eligible school districts, forty-seven hundredths percent (0.0047), provided further that for the two thousand seventeen--two thousand eighteen school year the foundation aid increase phase-in factor shall equal (1) for school districts with a census 2000 poverty rate computed pursuant to paragraph q of subdivision one of this section equal to or greater than twenty-six percent (0.26), ten and three-tenths percent (0.103), or (2) for a school district in a city with a population in excess of one million or more, seventeen and seventy-seven one-hundredths percent (0.1777), or (3) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million, as of the most recent decennial census, twelve and sixty-nine hundredths percent (0.1269) or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thou- sand, as of the most recent federal decennial census, ten and seventy- eight one hundredths percent (0.1078), or (5) for a city school district in a city with a population of more than one hundred twenty-five thou- sand but less than one hundred fifty thousand as of the most recent federal decennial census, nineteen and one hundred eight one-thousandths percent (0.19108), or (6) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thousand as of the most recent federal decennial census, ten and six-tenths percent (0.106), or (7) for all other districts, four and eighty-seven one-hundredths percent (0.0487), and for the two thousand [nineteen] TWENTY--two thousand [twenty] TWENTY-ONE school year and thereafter the commissioner shall annually determine the phase-in foun- dation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein. § 6. Paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: d. For the two thousand fourteen--two thousand fifteen through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years a city school district of a city having a population of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. § 7. Subparagraph 4 of paragraph e of subdivision 3 of section 3602 of the education law, as added by section 13 of part B of chapter 57 of the laws of 2007, is amended to read as follows: (4) The building aid ratio shall be computed by subtracting from one the product obtained by multiplying the resident weighted average daily S. 1506 15 A. 2006 attendance wealth ratio by fifty-one percent. Such aid ratio shall be expressed as a decimal carried to three places without rounding, but shall not be less than (I) FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY AND PRIOR SCHOOL YEARS, zero , OR (II) FOR THE TWO THOUSAND TWEN- TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, FIVE ONE-HUN- DREDTHS (0.05). § 8. Subparagraph 2 of paragraph a of subdivision 6 of section 3602 of the education law, as amended by section 5 of part A of chapter 60 of the laws of 2000, is amended to read as follows: (2) Where a school district has expenditures for site purchase, grad- ing or improvement of the site, original furnishings, equipment, machin- ery or apparatus, or professional fees, or other incidental costs, the cost allowances for new construction and the purchase of existing struc- tures may be increased by the actual expenditures for such purposes but by not more than: (I) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AN AMOUNT EQUAL TO the product of the applicable cost allowance established pursuant to subparagraph one of this paragraph and twenty per centum for school buildings or additions housing grades prekinder- garten through six and by not more than the product of such cost allow- ance and twenty-five per centum for school buildings or additions hous- ing grades seven through twelve and by not more than the product of such cost allowance and twenty-five per centum for school buildings or addi- tions housing special education programs as approved by the commissioner; AND (II) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AN AMOUNT EQUAL TO THE PRODUCT OF THE LESSER OF THE COST ALLOWANCE COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH OR THE ACTUAL COSTS RELATING TO THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHA- BILITATION OR IMPROVEMENT OF A SCHOOL BUILDING AND TWENTY PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES PREKINDERGARTEN THROUGH SIX AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER AMOUNT AND TWENTY-FIVE PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES SEVEN THROUGH TWELVE AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER AMOUNT AND TWENTY-FIVE PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING SPECIAL EDUCATION PROGRAMS AS APPROVED BY THE COMMISSIONER. § 9. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6 of section 3602 of the education law, as amended by section 12-a of part L of chapter 57 of the laws of 2005, is amended to read as follows: (ii) Apportionment. The apportionment pursuant to this subparagraph shall equal the product of such eligible approved expenses determined in accordance with the provisions of clause (i) of this subparagraph and this section and the incentive decimal computed for use in the year in which the project was approved. The incentive decimal shall equal: (A) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU- SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, the positive remainder resulting when the district's building aid ratio selected pursuant to S. 1506 16 A. 2006 paragraph c of this subdivision is subtracted from the enhanced building aid ratio. The enhanced building aid ratio shall equal the sum of the building aid ratio selected for use in the current year pursuant to paragraph c of this subdivision and one-tenth, computed to three deci- mals without rounding, but not more than (a) ninety-eight hundredths for a high need school district, as defined pursuant to regulations of the commissioner, for all school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more, on or after July first, two thousand five, or (b) ninety-five hundredths for any other school build- ing project or school district, nor less than one-tenth; AND (B) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU- SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE POSITIVE REMAINDER RESULTING WHEN THE DISTRICT'S CURRENT YEAR BUILDING AID RATIO PURSUANT TO CLAUSE D OF SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS SUBDIVISION IS SUBTRACTED FROM THE ENHANCED BUILDING AID RATIO. THE ENHANCED BUILDING AID RATIO SHALL EQUAL THE SUM OF THE BUILDING AID RATIO SELECTED FOR USE IN THE CURRENT YEAR PURSUANT TO CLAUSE D OF SUBPARAGRAPH TWO OF PARA- GRAPH C OF THIS SUBDIVISION AND SCALED INCENTIVE DECIMAL, COMPUTED TO THREE DECIMALS WITHOUT ROUNDING, BUT NOT MORE THAN (A) NINETY-EIGHT HUNDREDTHS FOR A HIGH-NEED SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGU- LATIONS OF THE COMMISSIONER AND USED FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU- LATION OF ONE MILLION OR MORE, OR (B) NINETY-FIVE HUNDREDTHS FOR ANY OTHER SCHOOL BUILDING PROJECT OR SCHOOL DISTRICT. THE SCALED INCENTIVE DECIMAL SHALL EQUAL (A) ONE-TENTH FOR A HIGH-NEED SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGULATIONS OF THE COMMISSIONER AND USED FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU- SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR (B) THE PRODUCT OF ONE-TENTH MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION FOR ANY OTHER SCHOOL BUILDING PROJECT OR SCHOOL DISTRICT. § 10. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of section 3602 of the education law, as amended by section 15 of part B of chapter 57 of the laws of 2008, is amended and a new clause (d) is added to read as follows: (b) For aid payable in the school years two thousand--two thousand one and thereafter for all school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city S. 1506 17 A. 2006 having a population of one million or more, on or after July first, two thousand, AND PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN, any school district shall compute aid under the provisions of this subdivision using the sum of the high-need supplemental building aid ratio, if any, computed pursuant to clause (c) of this subparagraph and the greater of (i) the building aid ratio computed for use in the current year; or (ii) a building aid ratio equal to the difference of the aid ratio that was used or that would have been used to compute an apportionment pursuant to this subdivision in the nineteen hundred ninety-nine--two thousand school year as such aid ratio is computed by the commissioner based on data on file with the department on or before July first of the third school year following the school year in which aid is first payable, less one-tenth; or (iii) for all such school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more, on or after July first, two thousand and on or before June thirtieth, two thousand four, for any school district for which the pupil wealth ratio is greater than two and five-tenths in the school year in which such school building project was approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more and for which the alternate pupil wealth ratio is less than eight- y-five hundredths in such school year, and for all such school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more, on or after July first, two thousand five and on or before June thirtieth, two thousand eight, for any school district for which the pupil wealth ratio was greater than two and five-tenths in the two thou- sand--two thousand one school year and for which the alternate pupil wealth ratio was less than eighty-five hundredths in the two thousand-- two thousand one school year, the additional building aid ratio; provided that, school districts who are eligible for aid under paragraph f of subdivision fourteen of this section may compute aid under the provisions of this subdivision using the difference of the highest of the aid ratios so computed for the reorganized district or the highest of the aid ratios so computed for any of the individual school districts which existed prior to the date of the reorganized school district less one-tenth. (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY--TWO THOU- SAND TWENTY-ONE AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN, ANY SCHOOL DISTRICT SHALL COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE HIGH-NEED SUPPLEMENTAL BUILDING AID RATIO, IF ANY, COMPUTED PURSUANT TO CLAUSE (C) OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR USE IN THE CURRENT YEAR AS COMPUTED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH E OF SUBDIVISION THREE OF THIS SECTION; PROVIDED THAT, SCHOOL DISTRICTS WHO ARE ELIGIBLE FOR AID UNDER PARAGRAPH F OF SUBDIVISION FOURTEEN OF THIS S. 1506 18 A. 2006 SECTION MAY COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE DIFFERENCE OF THE HIGHEST OF THE AID RATIOS SO COMPUTED PURSUANT TO THIS CLAUSE FOR THE REORGANIZED DISTRICT OR THE HIGHEST OF THE AID RATIOS SO COMPUTED FOR ANY OF THE INDIVIDUAL SCHOOL DISTRICTS WHICH EXISTED PRIOR TO THE DATE OF THE REORGANIZED SCHOOL DISTRICT. § 11. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph ii to read as follows: II. "SERVICES AID BASE" FOR THE PURPOSES OF THIS SECTION FOR AID PAYA- BLE IN THE (I) TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SHALL EQUAL THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR, AS COMPUTED BY THE COMMISSIONER BASED ON DATA ON FILE WITH THE EDUCATION DEPARTMENT ON NOVEMBER FIFTEENTH, TWO THOUSAND NINETEEN FOR: (1) THE APPORTIONMENT FOR TEXTBOOKS PROVIDED AND COMPUTED PURSUANT TO SECTION SEVEN HUNDRED ONE OF THIS CHAPTER; (2) AID FOR THE PURCHASE OF SCHOOL LIBRARY MATERIALS COMPUTED PURSUANT TO SECTION SEVEN HUNDRED ELEVEN OF THIS CHAPTER; (3) AID FOR COMPUTER SOFTWARE PURCHASES COMPUTED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER; (4) INSTRUCTIONAL COMPUTER HARDWARE AND TECHNOLOGY EQUIPMENT APPOR- TIONMENT COMPUTED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER; (5) BOCES AID COMPUTED PURSUANT TO SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER; (6) SUPPLEMENTAL PUBLIC EXCESS COST AID COMPUTED PURSUANT TO SUBDIVI- SION FIVE-A OF THIS SECTION; (7) TRANSPORTATION AID COMPUTED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION; (8) SPECIAL SERVICES AID FOR LARGE CITY SCHOOL DISTRICTS AND OTHER SCHOOL DISTRICTS WHICH WERE NOT COMPONENTS OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE BASE YEAR COMPUTED PURSUANT TO SUBDIVISION TEN OF THIS SECTION; (9) ACADEMIC ENHANCEMENT AID COMPUTED PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION; (10) HIGH TAX AID COMPUTED PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION; (11) TRANSITIONAL AID FOR CHARTER SCHOOL PAYMENTS COMPUTED PURSUANT TO SUBDIVISION FORTY-ONE OF THIS SECTION; AND (II) IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY--TWO SCHOOL YEAR AND THEREAFTER SHALL EQUAL THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION. § 12. Section 3602 of the education law is amended by adding a new subdivision 19 to read as follows: 19. SERVICES AID. A. NOTWITHSTANDING SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, AND NINETEEN HUNDRED FIFTY OF THIS CHAPTER AND SUBDIVISIONS FIVE-A, SEVEN, TEN, TWELVE, SIXTEEN, AND FORTY-ONE OF THIS SECTION, FOR THE TWO THOU- SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, IN LIEU OF SUCH APPORTIONMENTS, A SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A SERVICES AID APPORTIONMENT IN THE AMOUNT OF THE PRODUCT OF THE SERVICES AID BASE COMPUTED PURSUANT TO PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF (A) THE CONSUMER PRICE INDEX COMPUTED PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION FOR THE CURRENT YEAR AND (B) THE ANNUAL CHANGE IN RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE, PROVIDED THAT SUCH SUM IS NOT LESS THAN ONE (1.0). S. 1506 19 A. 2006 PROVIDED FURTHER, FOR THE PURPOSES OF THIS SECTION, "ANNUAL CHANGE IN RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE" SHALL MEAN THE QUOTIENT OF (A) THE DIFFERENCE OF THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION ONE OF THIS SECTION FOR THE YEAR PRIOR TO THE BASE YEAR LESS SUCH RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE FOR THE YEAR TWO YEARS PRIOR TO THE BASE YEAR DIVIDED BY (B) THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE FOR THE YEAR TWO YEARS PRIOR TO THE BASE YEAR. B. FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT" SHALL MEAN THE AMOUNT COMPUTED FOR THE APPORTIONMENT PURSUANT TO SECTION NINE- TEEN HUNDRED FIFTY OF THIS CHAPTER FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AS COMPUTED BY THE COMMISSIONER BASED ON DATA ON FILE WITH THE EDUCATION DEPARTMENT ON NOVEMBER FIFTEENTH, TWO THOUSAND NINETEEN. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY THE BOCES PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY- SIX HUNDRED NINE-D OF THIS CHAPTER. § 13. The opening paragraph of section 3609-d of the education law, as amended by section 20 of part L of chapter 57 of the laws of 2005, is amended to read as follows: Notwithstanding the provisions of section thirty-six hundred nine-a of this article, apportionments payable pursuant to section nineteen hundred fifty of this chapter, AND THE BOCES PAYMENT ADJUSTMENT PAYABLE PURSUANT TO SUBDIVISION NINETEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER shall be paid pursuant to this section. For aid payable in the two thousand four--two thousand five school year and thereafter, "moneys apportioned" shall mean the lesser of (i) one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing produced by the commissioner in support of the budget including the appropriation for support of boards of cooperative educational services for payments due prior to April first for the current year, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payment to be made in the month of June of two thousand six such calcu- lation shall be based on the school aid computer listing for the current year using updated data at the time of each payment. For districts subject to chapter five hundred sixty-three of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two thousand forty of this chapter, for aid payable in the two thousand four--two thousand five school year and thereafter, "moneys apportioned" shall mean the appor- tionment calculated by the commissioner based on data on file at the time the payment is processed. The "school aid computer listing for the current year" shall be as defined in the opening paragraph of section thirty-six hundred nine-a of this article. The definitions "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this article shall apply to this section. § 14. Subparagraphs 2 and 3 of paragraph a of subdivision 1 of section 3609-a of the education law are REPEALED. § 14-a. Subparagraphs 1 and 2 of paragraph b of subdivision 4 of section 92-c of the state finance law are REPEALED. § 15. The education law is amended by adding a new article 39-A to read as follows: ARTICLE 39-A REGIONAL STEM MAGNET SCHOOLS SECTION 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS. S. 1506 20 A. 2006 § 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS. 1. A. A REGIONAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) MAGNET SCHOOL MAY BE ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO THIS SECTION FOR STUDENTS IN GRADES NINE THROUGH TWELVE, AND SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF EDUCATION. B. A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT TO THE COMMISSIONER A PROPOSED PLAN FOR THE OPERATION OF SUCH SCHOOL FOR HIS OR HER APPROVAL, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER. C. SUCH SCHOOL SHALL BE GOVERNED BY THE BOARD OF EDUCATION OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. D. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE RESPONSI- BILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING CURRICULUM, GRADING, AND STAFFING. E. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE SUCH SCHOOL. F. FOR PURPOSES OF THIS SECTION, THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES. G. STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE ENROLLED IN THEIR SCHOOL DISTRICT OF RESIDENCE, AND EACH SCHOOL DISTRICT OF RESI- DENCE SHALL BE RESPONSIBLE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO THEIR RESIDENT STUDENTS WHO ATTENDED THE SCHOOL BASED ON SUCH STUDENTS' SUCCESSFUL COMPLETION OF THE SCHOOL'S EDUCATIONAL PROGRAM. H. FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAP- TER, STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE TREATED AND COUNTED AS STUDENTS OF THEIR SCHOOL DISTRICT OF RESIDENCE. I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR PROVID- ING OR ARRANGING FOR TRANSPORTATION TO ITS RESIDENT STUDENTS ATTENDING SUCH SCHOOL, IN ACCORDANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION. J. ALL EMPLOYEES OF THE SCHOOL SHALL BE CONSIDERED EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. K. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO A LEASE WITH RESPECT TO SUITABLE LAND, CLASSROOMS, OFFICES OR BUILDINGS IN WHICH TO MAINTAIN AND CONDUCT SUCH SCHOOL PURSUANT TO SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. L. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH A METHODOLOGY FOR THE APPORTIONMENT OF OPERATIONAL AND ADMINISTRATIVE COSTS OF SUCH SCHOOL BETWEEN PARTICIPATING SCHOOL DISTRICTS; PROVIDED, HOWEVER, THAT NO COSTS SHALL BE APPORTIONED TO COMPONENT SCHOOL DISTRICTS THAT ELECT NOT TO PARTICIPATE IN SUCH SCHOOL. M. THE TRUSTEES OR BOARD OF EDUCATION OF A NON-COMPONENT SCHOOL DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH A BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PARTICIPATE IN SUCH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD OF EDUCATION AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY MUTUALLY AGREE, PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION COSTS OF SUCH PROGRAM, BUT PARTICIPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. N. A SCHOOL MAY BE JOINTLY OPERATED BY TWO BOARDS OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO AN INTERMUNICIPAL SHARING AGREEMENT S. 1506 21 A. 2006 ENTERED INTO PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW. UPON ADOPTION OF A BUDGET FOR THE PROGRAM FOR A SCHOOL YEAR, COSTS SHALL BE ALLOCATED BETWEEN EACH BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES IN A MANNER PROVIDED IN THE INTERMUNICIPAL SHARING AGREEMENT AND INCLUDED IN THE BUDGETS OF EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICE. O. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. § 16. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 10 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". § 17. Subdivision 12 of section 3602 of the education law, as amended by section 13 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 12. Academic enhancement aid. A school district that as of April first of the base year has been continuously identified as a district in need of improvement for at least five years shall, for the two thousand eight--two thousand nine school year, be entitled to an additional apportionment equal to the positive remainder, if any, of (a) the lesser of fifteen million dollars or the product of the total foundation aid base, as defined by paragraph j of subdivision one of this section, multiplied by ten percent (0.10), less (b) the positive remainder of (i) the sum of the total foundation aid apportioned pursuant to subdivision four of this section and the supplemental educational improvement grants apportioned pursuant to subdivision eight of section thirty-six hundred forty-one of this article, less (ii) the total foundation aid base. For the two thousand nine--two thousand ten through two thousand four- teen--two thousand fifteen school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. For the two thousand fifteen--two thousand sixteen year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the head- ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand four- teen--two thousand fifteen school year and entitled "SA141-5", and such apportionment shall be deemed to satisfy the state obligation to provide S. 1506 22 A. 2006 an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. For the two thousand sixteen--two thousand seventeen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2015-16 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand fifteen--two thousand sixteen school year and entitled "SA151-6", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. For the two thousand seventeen--two thousand eighteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. For the two thousand eighteen--two thousand nineteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand seventeen--two thousand eighteen school year and entitled "SA171-8", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEADING "2018-19 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND ENTITLED "SA181-9", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. § 18. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 14 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer S. 1506 23 A. 2006 listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 19. Subdivision 16 of section 3602-ee of the education law, as amended by section 19 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [nineteen] TWENTY; provided that the program shall continue and remain in full effect. § 20. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further S. 1506 24 A. 2006 that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND EIGHTEEN- -TWO THOUSAND NINETEEN school year [and thereafter], the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety-six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational interests of the district pursuant to guidelines developed by the commissioner and approved by the director of the budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS, THE COMMISSION- ER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY STATE FISCAL YEAR AND ENTITLED "BT192-0", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY- THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING S. 1506 25 A. 2006 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. § 21. The opening paragraph of section 3609-a of the education law, as amended by section 21 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand eighteen--two thousand nineteen school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision six of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this article, or (ii) the appor- tionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first busi- ness day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. [For aid payable in the two thousand eighteen--two thousand nineteen school year, reference to such "school aid computer listing for the current year" shall mean the print- outs entitled "SA181-9".] FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN- -TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO S. 1506 26 A. 2006 SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE- TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR- TY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT192-0". § 22. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 22 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY. § 23. Subdivision 6 of section 4402 of the education law, as amended by section 23 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [nineteen] TWENTY of the two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those S. 1506 27 A. 2006 of students in middle and secondary schools as defined by the commis- sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a population of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the appli- cable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certif- ication that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivision to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursuant to this subdivision, the commissioner shall be authorized to terminate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. § 24. The education law is amended by adding a new section 4403-a to read as follows: § 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT S. 1506 28 A. 2006 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. § 25. Section 3012-d of the education law is amended by adding a new subdivision 16 to read as follows: 16. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS AND MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR ADMIN- ISTERED TESTS SHALL NOT BE REQUIRED TO BE UTILIZED IN ANY MANNER TO DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION. B. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROVIDING ALTERNATIVE ASSESSMENTS THAT MAY BE USED IN GRADES THREE THROUGH EIGHT INSTEAD OF ALL OTHER STATE-CREATED OR ADMINISTERED TESTS, WHICH SHALL INCLUDE ALL OF THE ASSESSMENTS THAT HAVE BEEN APPROVED BY THE COMMIS- SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS. C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI- VISION FOUR OF THIS SECTION SHALL BE SUBJECT TO COLLECTIVE BARGAINING PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION TO THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE ANY CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT ON THE DATE THIS SUBDIVISION TAKES EFFECT AND UNTIL THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY; AND, PROVIDED FURTHER, HOWEVER, THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES AND RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS SECTION INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS AND MATHEMATICS STATE ASSESSMENTS UNTIL THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT. § 26. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section 3012-d of the education law, subparagraph 1 as amended by section 3 of subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2 as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, are amended to read as follows: (1) For the first subcomponent, [(A) for a teacher whose course ends in a state-created or administered test for which there is a state-pro- vided growth model, such teacher shall have a state-provided growth score based on such model, which shall take into consideration certain student characteristics, as determined by the commissioner, including but not limited to students with disabilities, poverty, English language learner status and prior academic history and which shall identify educators whose students' growth is well above or well below average S. 1506 29 A. 2006 compared to similar students for a teacher's or principal's students after the certain student characteristics above are taken into account; and (B) for a teacher whose course does not end in a state-created or administered test such teacher] A TEACHER shall have a student learning objective (SLO) consistent with a goal-setting process determined or developed by the commissioner, that results in a student growth score; provided that, for any teacher whose course ends in a state-created or administered assessment [for which there is no state-provided growth model], such assessment [must] MAY be used as the underlying assessment for such SLO; (2) For the optional second subcomponent, a district may locally select a second measure in accordance with this subparagraph. Such second measure shall apply in a consistent manner, to the extent practi- cable, across the district and be either: (A) [a second state-provided growth score] BASED on a state-created or administered test [under clause (A) of subparagraph one of this paragraph], or (B) [a growth score] based on a state-designed supplemental assessment[, calculated using a state-provided or approved growth model]. The optional second subcomponent shall provide options for multiple assessment measures that are aligned to existing classroom and school best practices and take into consideration the recommendations in the testing reduction report as required by section one of subpart F of [the chapter] PART EE OF CHAPTER FIFTY-SIX of the laws of two thousand fifteen which added this section regarding the reduction of unnecessary additional testing. § 27. Subdivision 5 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: 5. Rating determination. The overall rating determination shall be determined [according to a methodology] as follows: a. [The following rules shall apply: a teacher or principal who is (1) rated using two subcomponents in the student performance category and receives a rating of ineffective in such category shall be rated inef- fective overall; provided, however, that if the measure used in the second subcomponent is a state-provided growth score on a state-created or administered test pursuant to clause (A) of subparagraph one of para- graph a of subdivision four of this section, a teacher or principal who receives a rating of ineffective in such category shall not be eligible to receive a rating of effective or highly effective overall; (2) rated using only the state measure subcomponent in the student performance category and receives a rating of ineffective in such category shall not be eligible to receive a rating of effective or highly effective over- all; and (3) rated ineffective in the teacher observations category shall not be eligible to receive a rating of effective or highly effec- tive overall. b. Except as otherwise provided in paragraph a of this subdivision, a teacher's composite score shall be determined as follows: (1)] If a teacher receives an H in the teacher observation category, and an H in the student performance category, the teacher's composite score shall be H; [(2)] B. If a teacher receives an H in the teacher observation catego- ry, and an E in the student performance category, the teacher's compos- ite score shall be H; [(3)] C. If a teacher receives an H in the teacher observation catego- ry, and a D in the student performance category, the teacher's composite score shall be E; S. 1506 30 A. 2006 [(4)] D. If a teacher receives an H in the teacher observation catego- ry, and an I in the student performance category, the teacher's compos- ite score shall be D; [(5)] E. If a teacher receives an E in the teacher observation catego- ry, and an H in the student performance category, the teacher's compos- ite score shall be H; [(6)] F. If a teacher receives an E in the teacher observation catego- ry, and an E in the student performance category, the teacher's compos- ite score shall be E; [(7)] G. If a teacher receives an E in the teacher observation catego- ry, and a D in the student performance category, the teacher's composite score shall be E; [(8)] H. If a teacher receives an E in the teacher observation catego- ry, and an I in the student performance category, the teacher's compos- ite score shall be D; [(9)] I. If a teacher receives a D in the teacher observation catego- ry, and an H in the student performance category, the teacher's compos- ite score shall be E; [(10)] J. If a teacher receives a D in the teacher observation catego- ry, and an E in the student performance category, the teacher's compos- ite score shall be E; [(11)] K. If a teacher receives a D in the teacher observation catego- ry, and a D in the student performance category, the teacher's composite score shall be D; [(12)] L. If a teacher receives a D in the teacher observation catego- ry, and an I in the student performance category, the teacher's compos- ite score shall be I; [(13)] M. If a teacher receives an I in the teacher observation cate- gory, and an H in the student performance category, the teacher's composite score shall be D; [(14)] N. If a teacher receives an I in the teacher observation cate- gory, and an E in the student performance category, the teacher's composite score shall be D; [(15)] O. If a teacher receives an I in the teacher observation cate- gory, and a D in the student performance category, the teacher's compos- ite score shall be I; [(16)] P. If a teacher receives an I in the teacher observation cate- gory, and an I in the student performance category, the teacher's composite score shall be I. § 28. Subdivision 7 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: 7. The commissioner shall ensure that the process by which weights and scoring ranges are assigned to subcomponents and categories is transpar- ent and available to those being rated before the beginning of each school year. Such process must ensure that it is possible for a teacher or principal to obtain any number of points in the applicable scoring ranges, including zero, in each subcomponent. The superintendent, district superintendent or chancellor and the representative of the collective bargaining unit (where one exists) shall certify in the district's plan that the evaluation process shall use the standards for the scoring ranges provided by the commissioner. [Provided, however, that in any event, the following rules shall apply: a teacher or princi- pal who is: a. rated using two subcomponents in the student performance category and receives a rating of ineffective in such category shall be rated S. 1506 31 A. 2006 ineffective overall, except that if the measure used in the second subcomponent is a second state-provided growth score on a state-adminis- tered or sponsored test pursuant to clause (A) of subparagraph one of paragraph a of subdivision four of this section, a teacher or principal that receives a rating of ineffective in such category shall not be eligible to receive a rating of effective or highly effective overall; b. rated using only the state measure subcomponent in the student performance category and receives a rating of ineffective in such cate- gory shall not be eligible to receive a rating of effective or highly effective overall; and c. rated ineffective in the observations category shall not be eligi- ble to receive a rating of effective or highly effective overall.] § 29. Subdivision 10 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: 10. The local collective bargaining representative shall negotiate with the district: a. whether to use a second measure, and, in the event that a second measure is used, which measure to use, pursuant to subparagraph two of paragraph a of subdivision four of this section [and]; b. how to implement the provisions of paragraph b of subdivision four of this section, and associated regulations as established by the commissioner, in accordance with article fourteen of the civil service law; AND C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A AND B OF SUBDIVISION SIXTEEN OF THIS SECTION. § 30. Section 2 of subpart B of part AA of chapter 56 of the laws of 2014 amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, as amended by section 35 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 2. This act shall take effect immediately [and shall expire and be deemed repealed on December 31, 2019]. § 31. Subdivision 10 of section 3209 of the education law is renum- bered subdivision 11 and a new subdivision 10 is added to read as follows: 10. EVERY SCHOOL DISTRICT RECEIVING FUNDS PURSUANT TO THIS SECTION SHALL ANNUALLY SUBMIT TO THE DEPARTMENT AN ACCOUNTING OF THE USE OF SUCH FUNDS IN THE PRIOR SCHOOL YEAR BEFORE THE END OF THE SUCCEEDING SCHOOL YEAR. THE COMMISSIONER SHALL REVIEW SUCH ACCOUNTING AND DEVELOP, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISA- BILITY ASSISTANCE, AN IDENTIFICATION OF BEST PRACTICES TO SUPPORT HOME- LESS YOUTH. § 32. Section 2801-a of the education law is amended by adding a new subdivision 10 to read as follows: 10. EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF SCHOOL PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE TO STUDENT MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL DISTRICT OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW ENFORCEMENT OR PUBLIC OR PRIVATE SECURITY PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS, SHALL ESTABLISH A WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING THAT IS DEVELOPED WITH STAKEHOLDER INPUT. SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL DEFINE THE RELATIONSHIP BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS, VISITORS, LAW ENFORCEMENT, AND PUBLIC OR PRIVATE SECURITY PERSONNEL. S. 1506 32 A. 2006 SUCH CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE CONSISTENT WITH THE CODE OF CONDUCT, DEFINE LAW ENFORCEMENT OR SECURITY PERSONNEL'S ROLES, RESPONSIBILITIES AND INVOLVEMENT WITHIN A SCHOOL AND CLEARLY DELEGATE THE ROLE OF SCHOOL DISCIPLINE TO THE SCHOOL ADMINISTRATION. SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE INCORPO- RATED INTO AND PUBLISHED AS PART OF THE DISTRICT SAFETY PLAN. § 33. The section heading of section 804 of the education law, as amended by chapter 390 of the laws of 2016, is amended and a new subdi- vision 7-a is added to read as follows: Health education regarding mental health, alcohol, drugs, tobacco abuse, AND HEALTHY RELATIONSHIPS and the prevention and detection of certain cancers. 7-A. (A) A HEALTHY RELATIONSHIPS EDUCATION INSTRUCTION PROGRAM SHALL BE INCLUDED WITHIN THE HEALTH EDUCATION PROVIDED TO ALL STUDENTS IN GRADES SIX THROUGH TWELVE. SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO AGE-APPROPRIATE, MEDICALLY ACCURATE INSTRUCTION TEACHING COMPREHENSIVE SEXUAL EDUCATION, SEXUAL HEALTH AND HEALTHY RELATIONSHIP PRACTICES. SUCH PROGRAM SHALL BE INCLUSIVE AND RESPECTFUL OF ALL PUPILS REGARDLESS OF RACE, ETHNICITY, GENDER, DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY AND INCLUDE, BUT NOT BE LIMITED TO: (I) IDENTIFICATION AND EXAMINATION OF IDEAS ABOUT HEALTHY RELATION- SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA; (II) SELF-ESTEEM AND SELF-WORTH; (III) FRIENDSHIP AND EMPATHY; (IV) A DEFINITION OF TEEN DATING VIOLENCE; (V) RECOGNITION OF WARNING SIGNS ESTABLISHED BY A DATING PARTNER; (VI) CHARACTERISTICS OF A HEALTHY RELATIONSHIP; (VII) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE; (VIII) SAFE USE OF TECHNOLOGY; (IX) A DISCUSSION OF LOCAL COMMUNITY RESOURCES FOR THOSE IN A TEEN DATING VIOLENCE RELATIONSHIP; (X) AN AGE-APPROPRIATE DEFINITION OF AFFIRMATIVE CONSENT CONSISTENT WITH THAT USED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER; (XI) AGE-APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH; (XII) AGE-APPROPRIATE INSTRUCTING TO IDENTIFY AND REPORT SEXUAL EXPLOITATION AND ABUSE; AND (XIII) INSTRUCTION TO IDENTIFY AND REPORT SEXUAL HARASSMENT. (B) THE EDUCATIONAL STANDARDS FOR SUCH PROGRAM SHALL BE ADDED TO THE HEALTH EDUCATION STANDARDS AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES AND BE DESIGNED TO EDUCATE STUDENTS ABOUT HEALTHY RELATIONSHIPS. PRIOR TO ADOPTING THE EDUCATION STANDARDS, THE COMMISSIONER SHALL ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE SCOPE AND SUBSTANCE OF THE STANDARDS. THE TASK FORCE SHALL: (I) SEEK THE RECOMMENDATIONS OF TEACHERS, SCHOOL ADMINISTRATORS, TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED SUBJECT AREAS; (II) SEEK THE RECOMMENDATIONS OF EXPERTS AND ORGANIZATIONS EXPERIENCED IN THE PROPOSED SUBJECT AREAS; AND (III) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES. (C) THE COMMISSIONER SHALL DEVELOP AGE-APPROPRIATE MODEL INSTRUCTIONAL RESOURCES FOR PARENTS AND EDUCATORS FOR POTENTIAL USE IN INSTRUCTING STUDENTS ABOUT PHYSICAL SELF-AWARENESS AND HEALTHY RELATIONSHIPS. SUCH RESOURCES SHALL BE DEVELOPED AFTER CONSULTATION WITH EXPERTS IN THE FIELD. S. 1506 33 A. 2006 (D) A WEBPAGE ON THE DEPARTMENT'S WEBSITE SHALL BE DEDICATED TO PROVIDING INFORMATION AND RESOURCES TO PARENTS, STUDENTS, TEACHERS AND SCHOOL DISTRICT OFFICIALS RELATED TO COMPREHENSIVE SEXUAL EDUCATION AND HEALTHY RELATIONSHIPS. (E) FOR THE PURPOSES OF THIS SECTION "AGE-APPROPRIATE" SHALL MEAN TOPICS, MESSAGES, AND TEACHING METHODS SUITABLE TO PARTICULAR AGE AND DEVELOPMENTAL LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND EXPERI- ENCE LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY ACCURATE" SHALL MEAN INFORMATION SUPPORTED BY PEER REVIEWED, EVIDENCE-BASED RESEARCH RECOGNIZED AS ACCURATE BY LEADING PROFESSIONAL ORGANIZATIONS AND AGENCIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSO- CIATION AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A SCHOOL DISTRICT SHALL PROVIDE REASONABLE NOTICE TO PARENTS AND GUARDIANS OF STUDENTS IN GRADES SIX THROUGH TWELVE THAT SUCH INSTRUCTION WILL BE GIVEN AND THE NATURE OF THE CURRICULUM. ANY PARENT OR GUARDIAN OF A STUDENT IN GRADES SIX THROUGH TWELVE MAY DIRECT THE REMOVAL OF THE STUDENT FROM SUCH INSTRUCTION UPON WRITTEN NOTICE TO THE SCHOOL DISTRICT. § 34. Section 305 of the education law is amended by adding a new subdivision 60 to read as follows: 60. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO REQUIRE THAT EVERY SCHOOL DISTRICT ADOPT AND DISTRIBUTE A POLICY REGARDING SEX DISCRIMI- NATION PURSUANT TO TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, 20 U.S.C. § 1681 ET SEQ., AND THAT SUCH POLICY SHALL SPECIFICALLY ADDRESS DISCRIMINATION AGAINST PREGNANT AND PARENTING STUDENTS. PROVIDED THAT SUCH POLICIES SHALL INCLUDE: A. STUDENTS' RIGHTS TO ATTEND CLASSES AND PARTICIPATE IN EXTRACURRICULAR ACTIVITIES REGARDLESS OF PREGNANT OR PARENTING STATUS; B. OPPORTUNITIES TO MAKE UP MISSED CLASSWORK OR TO EXCUSE ABSENCES DUE TO PREGNANCY, CHILDBIRTH OR RELATED CONDITIONS; C. PROTECTIONS OF STUDENTS FROM HARASSMENT; AND D. A FORMAL GRIEVANCE PROCEDURE. § 35. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 25 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the 2016--2017 school year shall not exceed 60.3 percent of the lesser of such approvable costs per contact hour or thir- teen dollars ninety cents per contact hour, reimbursement for the 2017- -2018 school year shall not exceed 60.4 percent of the lesser of such approvable costs per contact hour or thirteen dollars and ninety cents per contact hour, [and] reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, AND REIMBURSEMENT FOR THE 2019--2020 SCHOOL YEAR SHALL NOT EXCEED 57.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR FIFTEEN DOLLARS AND FIFTY-FIVE CENTS PER CONTACT HOUR, where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2016--2017 school year such contact hours shall not exceed one million five hundred fifty-one thousand three hundred twelve (1,551,312); whereas for the 2017--2018 school year such contact hours shall not exceed one million five hundred forty-nine thousand four hundred sixty-three (1,549,463); [and] WHEREAS for the 2018--2019 school S. 1506 34 A. 2006 year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963), AND FOR THE 2019--2020 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION TWO HUNDRED EIGHTY-TWO THOUSAND FIFTY-ONE (1,282,051). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdi- vision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. § 36. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion x to read as follows: X. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2019--2020 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 37. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 27 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2019] 2020. § 38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, as amended by section 28 of part CCC of chapter 59 of the laws of 2018, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2019] 2020 at which time it shall be deemed repealed; (24) sections one hundred eighteen through one hundred thirty of this act shall be deemed to have been in full force and effect on and after July 1, 1995; provided further, however, that the amendments made pursu- ant to section one hundred twenty-four of this act shall be deemed to be repealed on and after July 1, [2019] 2020; § 39. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 31 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 12. This act shall take effect on the same date as chapter 180 of the laws of 2000 takes effect, and shall expire July 1, [2019] 2020 when upon such date the provisions of this act shall be deemed repealed. § 40. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, as S. 1506 35 A. 2006 amended by section 33 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 4. This act shall take effect July 1, 2002 and SECTION ONE OF THIS ACT shall expire and be deemed repealed June 30, 2019, AND SECTIONS TWO AND THREE OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 30, 2020. § 41. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, as amended by section 34 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 5. This act shall take effect immediately; provided that sections one, two and three of this act shall expire and be deemed repealed on June 30, [2019] 2020. § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by section 1 of part G of chapter 61 of the laws of 2017, is amended to read as follows: § 34. This act shall take effect July 1, 2002; provided, that sections one through twenty, twenty-four, and twenty-six through thirty of this act shall expire and be deemed repealed June 30, [2019] 2022 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2019] 2022 the provisions of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdi- vision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effec- tive date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 of the laws of 2001, as amended, when upon such date the provisions of section four of this act shall take effect. § 43. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community super- intendents, as amended by section 2 of part G of chapter 61 of the laws of 2017, is amended to read as follows: 12. any provision in sections one, two, three, four, five, six, seven, eight, nine, ten and eleven of this act not otherwise set to expire pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed June 30, [2019] 2022. S. 1506 36 A. 2006 § 44. Section 7 of chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, as amended by section 40 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: § 7. This act shall take effect September 1, 1998, and shall expire and be deemed repealed September 1, [2019] 2021. § 45. Section 2 of chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, as amended by section 25 of part A of chapter 54 of the laws of 2016, is amended to read as follows: § 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall remain in full force and effect until January 1, [2020] 2023, when upon such date the provisions of this act shall be deemed repealed. § 46. Section 26 of subpart F of part C of chapter 97 of the laws of 2011 amending the education law relating to census reporting, as amended by section 21-a of part A of chapter 56 of the laws of 2014, is amended to read as follows: § 26. This act shall take effect immediately provided, however, that the provisions of section three of this act shall expire June 30, [2019] 2024 when upon such date the provisions of such section shall be deemed repealed; provided, further that the provisions of sections eight, elev- en, twelve, thirteen and twenty of this act shall expire July 1, 2014 when upon such date the provisions of such sections shall be deemed repealed. § 47. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2019--2020 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational services pursuant to sections 3650-a, 3650-b and 3650-c of the education law, or for contracts directly with not-for-pro- fit educational organizations for the purposes of this section. Such payments shall not exceed four hundred thousand dollars ($400,000) per school year. § 48. Special apportionment for salary expenses. a. Notwithstanding any other provision of law, upon application to the commissioner of education, not sooner than the first day of the second full business week of June 2020 and not later than the last day of the third full business week of June 2020, a school district eligible for an apportion- ment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2020, for salary expenses incurred between April 1 and June 30, 2019 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (ii) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (iv) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such S. 1506 37 A. 2006 salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 49. Special apportionment for public pension accruals. a. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2020, a school district eligi- ble for an apportionment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2020 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and S. 1506 38 A. 2006 shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 50. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2019--2020 school year, as a non-component school district, services required by article 19 of the education law. § 51. The amounts specified in this section shall be a set-aside from the state funds which each such district is receiving from the total foundation aid: a. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2019--2020 school year. For the city school district of the city of New York there shall be a setaside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand S. 1506 39 A. 2006 dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). b. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such setaside funds for: (i) any instructional or instructional support costs associated with the operation of a magnet school; or (ii) any instructional or instructional support costs associated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations of minority students. c. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2019--2020 school year, and for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2019--2020 school year, it is further provided that any city school district in a city having a population of more than one million shall allocate at least one-third of any increase from base year levels in funds set aside pursuant to the requirements of this section to communi- ty-based organizations. Any increase required pursuant to this section to community-based organizations must be in addition to allocations provided to community-based organizations in the base year. d. For the purpose of teacher support for the 2019--2020 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- S. 1506 40 A. 2006 ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 52. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2018 enacting the aid to localities budget shall be apportioned for the 2019--2020 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001--2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2019--2020 by a chapter of the laws of 2019 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. § 53. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 54. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2019, provided, however, that: 1. Sections one, three, four, five, five-a, six, seven, eight, nine, ten, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twen- ty-two, twenty-three, thirty-two, thirty-four, forty-seven, fifty and fifty-one of this act shall take effect July 1, 2019; 2. Sections eleven, twelve, thirteen and fourteen of this act shall take effect July 1, 2020; 3. Paragraph (a) of subdivision 7-a of section 804 of the education law, as added by section thirty-three of this act, shall take effect July 1, 2019; 4. The amendments to section 3614 of the education law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and 5. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium S. 1506 41 A. 2006 for worker education in New York City made by sections thirty-five and thirty-six of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Section 1. Section 7408 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI- CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW SHALL BE DEEMED ELIGIBLE TO REGISTER PURSUANT TO THIS SECTION. § 2. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER- WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPO- RATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 3. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: S. 1506 42 A. 2006 (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. § 4. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 5. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT- ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering professional service to the public becomes legally disqualified to prac- tice his profession within this state, he shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of profes- sional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his profession within this state shall be deemed to constitute an irrevocable offer by the disqualified shareholder to sell his shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compli- ance with this provision shall constitute a ground for forfeiture of its certificate of incorporation and its dissolution. S. 1506 43 A. 2006 § 6. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may sell or transfer his shares in such corporation except to another individual who is eligible to have shares issued to him by such corporation or except in trust to another individual who would be eligible to receive shares if he were employed by the corpo- ration. Nothing herein contained shall be construed to prohibit the transfer of shares by operation of law or by court decree. No transfer- ee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligi- ble to have shares issued to him if he were an employee of the corpo- ration and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one share- holder, may be made only after the same shall have been approved by the board of directors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorpo- ration or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his shares may not be voted or counted for any purpose, unless all shareholders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the profes- sional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corpo- ration at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if applicable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. S. 1506 44 A. 2006 § 7. Paragraph (a) of section 1512 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended to read as follows: (a) Notwithstanding any other provision of law, the name of a profes- sional service corporation, including a design professional service corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word which, at the time of incorporation, could be used in the name of a partnership practicing a profession which the corporation is authorized to practice, and may not contain any word which could not be used by such a partnership. Provided, however, the name of a professional service corporation may not contain the name of a deceased person unless (1) such person's name was part of the corporate name at the time of such person's death; or (2) such person's name was part of the name of an existing partnership and at least two-thirds of such partnership's partners become sharehold- ers of the corporation. § 8. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. § 9. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR- ITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE S. 1506 45 A. 2006 FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI- FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER- WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 10. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this S. 1506 46 A. 2006 state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON- LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 11. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, geological services, architectural and/or land- scape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must S. 1506 47 A. 2006 be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN- CIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENCE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 12. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE S. 1506 48 A. 2006 OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 13. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be S. 1506 49 A. 2006 licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 14. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: S. 1506 50 A. 2006 (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With S. 1506 51 A. 2006 respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 15. This act shall take effect immediately. S. 1506 52 A. 2006 PART C Section 1. Section 1604 of the education law is amended by adding a new subdivision 43 to read as follows: 43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ- ING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINISTRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU- ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTE- NANCE, OR ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF THIS CHAPTER. § 2. Section 1709 of the education law is amended by adding a new subdivision 43 to read as follows: 43. TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD, AUTHORIZING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGH- TEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE BOARD MAY ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINIS- TRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF THIS CHAPTER. § 3. The vehicle and traffic law is amended by adding a new section 1118 to read as follows: § 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A SCHOOL BUS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL BUS SAFETY CAMERA PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER A BOARD OF EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT HAS CONTRACTED WITH SUCH SCHOOL DISTRICT TO INSTALL SCHOOL BUS SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR CONTRACTED WITH SUCH DISTRICT. 2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS SAFETY CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN- GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHICLE, PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. (B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE S. 1506 53 A. 2006 SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION, "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITORING DEVICE AFFIXED TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT OVER- TAKE OR PASS SCHOOL BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (D) NO SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT HAS INSTALLED CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES FROM SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN WHICH THE VIOLATION OCCURRED FOR THE PURPOSE OF IMPOSING MONETARY LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. AFTER RECEIPT OF SUCH IMAGES A POLICE OFFICER SHALL INSPECT SUCH VIDEOTAPE AND IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN- TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A CERTIFICATE, SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE- OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI- CATE THE LIABILITY FOR SUCH VIOLATION. (E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS. (E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY SUBDIVISION (E) OF THIS SECTION SHALL BE PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF SUCH PENALTY RECEIVED TO THE LOCAL LAW ENFORCEMENT AGENCY, PROVIDED HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW ENFORCE- MENT AGENCY EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT. (F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY THE RESPECTIVE LAW ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO S. 1506 54 A. 2006 THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC- TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION WHERE THE VIOLATION OCCURRED. (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT ANY CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETERMINE OWNER LIABILITY ESTABLISHED BY THIS ARTICLE FOR FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU- NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION. (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU. (J) WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY AN ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS BUREAU, OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVI- SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI- VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE, PROVIDED THAT HE OR SHE SENDS TO THE ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS BUREAU, OR COURT HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI- BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS S. 1506 55 A. 2006 SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS. FOR PURPOSES OF THIS SUBDIVI- SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS. (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (M) IN ANY SCHOOL DISTRICT WHICH ADOPTS A SCHOOL BUS SAFETY CAMERA PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH SCHOOL DISTRICT SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF ITS SCHOOL BUS SAFETY CAMERAS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE SCHOOL BUS SAFETY CAMERAS WERE USED; 2. THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF SUBDIVI- SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE DISTRICT; 3. THE NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY CAMERAS IN THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS; 4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 7. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL DISTRICT FROM SUCH ADJUDICATIONS; 8. EXPENSES INCURRED BY SUCH SCHOOL DISTRICT IN CONNECTION WITH THE PROGRAM; AND 9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI- VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE THAT SUCH SCHOOL BUS SAFETY CAMERAS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 4. Subdivision (c) of section 1174 of the vehicle and traffic law, as amended by chapter 254 of the laws of 2002, is amended to read as follows: (c) Every person convicted of a violation of subdivision (a) of this section shall: for a first conviction thereof, be punished by a fine of not less than [two hundred fifty] FIVE HUNDRED dollars nor more than [four] SEVEN hundred FIFTY dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of three years, such person shall be punished by a fine of not less than [six hundred] ONE THOUSAND dollars nor more than [seven] ONE THOUSAND TWO S. 1506 56 A. 2006 hundred fifty dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of three years, such person shall be punished by a fine of not less than [seven hundred fifty] ONE THOUSAND TWO HUNDRED FIFTY dollars nor more than one thousand FIVE HUNDRED dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprison- ment. § 5. This act shall take effect immediately. PART D Section 1. This act shall be known and may be cited as the "Senator Jose R. Peralta New York State DREAM Act". § 2. Subdivision 3 of section 661 of the education law is REPEALED. § 3. Paragraph a of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: a. (I) Except as provided in subdivision two of section six hundred seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an applicant for an award at the undergraduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resident during his OR HER last two semesters of high school either prior to graduation, or prior to admission to college. Provided further that persons shall be eligible to receive awards under section six hundred sixty-eight or section six hundred sixty-nine OF THIS PART who are currently legal residents of the state and are otherwise qualified. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR S. 1506 57 A. 2006 (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 4. Paragraph b of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, AN applicant for an award at the graduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resi- dent during his OR HER last academic year of undergraduate study and have continued to be a legal resident until matriculation in the gradu- ate program. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO S. 1506 58 A. 2006 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 5. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended to read as follows: d. If an applicant for an award allocated on a geographic basis has more than one residence in this state, his OR HER residence for the purpose of this article shall be his OR HER place of actual residence during the major part of the year while attending school, as determined by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS. § 6. Paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended to read as follows: e. Notwithstanding any other provision of this article to the contra- ry, the New York state [residency] eligibility [requirement] REQUIRE- MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION ARE waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state. § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- sion 2 of section 355 of the education law, as added by chapter 327 of the laws of 2002, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the state university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], S. 1506 59 A. 2006 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or § 9. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 327 of the laws of 2002, the opening para- graph as amended by section 4 of chapter 437 of the laws of 2015, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state. The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no greater than that imposed for students who are residents of the state if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. S. 1506 60 A. 2006 A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. § 10. Subdivision 5 of section 6301 of the education law, as amended by chapter 327 of the laws of 2002, is amended to read as follows: 5. "Resident." A person who has resided in the state for a period of at least one year and in the county, city, town, intermediate school district, school district or community college region, as the case may be, for a period of at least six months, both immediately preceding the date of such person's registration in a community college or, for the purposes of section sixty-three hundred five of this article, his or her application for a certificate of residence; provided, however, that this term shall include any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at an institution or educational unit of the state university] AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an institution or educational unit of the state university], EARNED ADMIS- SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in [an institution or educational unit of the state university] A COMMUNITY COLLEGE in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such [institution or educational unit] COMMUNITY COLLEGE to pay tuition at the rate or charge imposed for students who are residents of the state. Provided, further, that a student without lawful immigration status shall also be required to file an affidavit with such [institution or educational unit] COMMUNITY COLLEGE stating that the student has filed S. 1506 61 A. 2006 an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so. In the event that a person qualified as above for state residence, but has been a resident of two or more counties in the state during the six months immediately preceding his OR HER application for a certificate of residence pursuant to section sixty-three hundred five of this [chapter] ARTICLE, the charges to the counties of residence shall be allocated among the several counties proportional to the number of months, or major fraction thereof, of residence in each county. § 11. Paragraph d of subdivision 3 of section 6451 of the education law, as amended by chapter 494 of the laws of 2016, is amended to read as follows: d. Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such enrolled students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA- GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by the commissioner with the approval of the director of the budget; § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 of the education law, as amended by chapter 917 of the laws of 1970, is amended to read as follows: (v) Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by such universities and approved by the regents and the director of the budget. § 13. Paragraph (a) of subdivision 2 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Undergraduate science and technology entry program moneys may be used for tutoring, counseling, remedial and special summer courses, supplemental financial assistance, program administration, and other activities which the commissioner may deem appropriate. To be eligible for undergraduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically under represented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- S. 1506 62 A. 2006 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 14. Paragraph (a) of subdivision 3 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Graduate science and technology entry program moneys may be used for recruitment, academic enrichment, career planning, supplemental financial assistance, review for licensing examinations, program admin- istration, and other activities which the commissioner may deem appro- priate. To be eligible for graduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically underrepresented in the scientific, technical and health- related professions. Eligible students must be in good academic stand- ing, enrolled full time in an approved graduate level program, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK S. 1506 63 A. 2006 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (i) the name, address and social security number [or], employer iden- tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE- TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN- TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (iii) the name, address, and social security number, EMPLOYER IDEN- TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and § 17. The president of the higher education services corporation shall establish an application form and procedures that shall allow a student applicant that meets the requirements set forth in subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law to apply directly to the higher educa- tion services corporation for applicable awards without having to submit information to any other state or federal agency. All information contained with the applications filed with such corporation shall be deemed confidential, except that the corporation shall be entitled to release information to participating institutions as necessary for the administration of financial aid programs and to the extent required S. 1506 64 A. 2006 pursuant to article 6 of the public officers law or otherwise required by law. § 18. The higher education services corporation is authorized to promulgate rules and regulations, and may promulgate emergency regu- lations, necessary for the implementation of the provisions of this act. § 19. This act shall take effect on the ninetieth day after the issu- ance of regulations and the development of an application form by the president of the higher education services corporation or on the nineti- eth day after it shall have become a law, whichever shall be later; provided, however, that: a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law made by section eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section nine of this act shall take effect; and b. the president of the higher education services corporation shall notify the legislative bill drafting commission upon the occurrence of the issuance of regulations and the development of an application form provided for in this section in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART E Section 1. This act shall be known and be cited as the "For-Profit College Accountability Act". § 2. The education law is amended by adding a new section 239-c to read as follows: § 239-C. STANDARDS FOR FOR-PROFIT HIGHER EDUCATION INSTITUTIONS. 1. FOR THE PURPOSES OF THIS SECTION A "PROPRIETARY INSTITUTION OF HIGHER EDUCATION" MEANS A SCHOOL THAT: (A) (I) PROVIDES AN ELIGIBLE PROGRAM OF TRAINING TO PREPARE STUDENTS FOR GAINFUL EMPLOYMENT IN A RECOGNIZED OCCUPATION; OR (II) PROVIDES A PROGRAM LEADING TO AN ASSOCIATES OR BACCALAUREATE DEGREE; (B) IS LEGALLY AUTHORIZED IN NEW YORK STATE TO PROVIDE A PROGRAM OF EDUCATION BEYOND SECONDARY EDUCATION; AND (C) IS NEITHER A PUBLIC OR NONPROFIT INSTITUTION. 2. (A) COMMENCING IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR AND THEREAFTER, A PROPRIETARY INSTITUTION OF HIGHER EDUCA- TION, SHALL DERIVE NOT LESS THAN TWENTY PERCENT OF SUCH INSTITUTION'S ANNUAL REVENUES FROM SOURCES OTHER THAN THE COMBINED REVENUES FROM LIMITED REVENUE SOURCES AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARA- GRAPH. (I) FOR THE PURPOSES OF THIS SUBDIVISION "LIMITED REVENUE SOURCES" MEANS: (A) THE TUITION ASSISTANCE PROGRAM PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS TITLE; (B) THE ENHANCED TUITION AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY- SEVEN-D OF THIS TITLE; (C) ALL FEDERAL STUDENT LOAN AND GRANT PROGRAMS AUTHORIZED UNDER SUBCHAPTER IV OF CHAPTER 28 OF TITLE 20 OF THE UNITED STATES CODE; AND (D) ANY OTHER LOCAL, STATE, OR FEDERAL GOVERNMENT LOAN, GRANT, OR SCHOLARSHIP PROGRAM UTILIZED TO PAY TUITION, INSTITUTIONAL FEES, ROOM S. 1506 65 A. 2006 AND BOARD, OR OTHER COSTS OF ATTENDANCE ON BEHALF OF A STUDENT OR STUDENTS UTILIZING PUBLIC FUNDS. (II) FOR PURPOSES OF THIS SUBDIVISION "LIMITED REVENUE SOURCES" SHALL NOT INCLUDE: (A) THE AMOUNT OF FUNDS THE INSTITUTION RECEIVED FROM PRIVATE OR NON- GOVERNMENT SOURCES; (B) THE AMOUNT OF FUNDS RECEIVED BY STUDENTS IN THE FORM OF DIRECT PAYMENT; (C) THE AMOUNT OF FUNDS PROVIDED BY THE INSTITUTION AS MATCHING FUNDS FOR A LIMITED REVENUE SOURCE; (D) INTEREST OR INVESTMENT INCOME; (E) THE AMOUNT OF FUNDS PROVIDED BY THE INSTITUTION FOR A LIMITED REVENUE SOURCE THAT ARE REQUIRED TO BE REFUNDED OR RETURNED; AND (F) THE AMOUNT CHARGED FOR BOOKS, SUPPLIES, AND EQUIPMENT, UNLESS THE INSTITUTION INCLUDES THAT AMOUNT AS TUITION, FEES, OR OTHER INSTITU- TIONAL CHARGES. (III) FOR PURPOSES OF THIS SUBDIVISION, INSTITUTIONAL AID PROVIDED TO STUDENTS BY THE INSTITUTION SHALL NOT BE INCLUDED WITHIN THE CALCULATION OF ANNUAL REVENUES. (B) A PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS TO MEET THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE ACADEMIC YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS PARTICIPATING IN ANY PROGRAM AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD OF NOT LESS THAN TWO ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC YEAR IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON- STRATING FAILURE TO MEET THE REQUIREMENT FOR THE SECOND CONSECUTIVE ACADEMIC YEAR IS SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. TO REGAIN ELIGIBILITY TO ENROLL NEW STUDENTS PARTICIPATING IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A PROPRIE- TARY INSTITUTION OF HIGHER EDUCATION SHALL DEMONSTRATE COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION FOR A MINIMUM OF TWO ACADEMIC YEARS AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE. 3. ON OR BEFORE SEPTEMBER FIRST, A PROPRIETARY INSTITUTION OF HIGHER EDUCATION SHALL ANNUALLY SUBMIT TO THE COMMISSIONER AND THE COMMISSIONER SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE A DETAILED FINANCIAL STATEMENT DISCLOSING THE INSTITUTION'S REVENUES AND EXPENDITURES FOR THE PRIOR ACADEMIC YEAR AND SHALL DISCLOSE THE SOURCES OF REVENUE BY TYPE AS WELL AS TYPES OF EXPENDITURES. SUCH STATEMENT SHALL ALSO INCLUDE A LISTING OF THE TOTAL INDIVIDUAL COMPENSATION FROM THE INSTITUTION TO ALL OFFICERS, DIRECTORS, BOARD MEMBERS, TRUSTEES, SHAREHOLDERS, MEMBERS, OWNERS, AND SENIOR ADMINISTRATORS, INCLUDING ALL FRINGE BENEFITS, BONUSES, AND PERFORMANCE INCENTIVES PAID IN THE PRIOR ACADEMIC YEAR. SUCH STATEMENT SHALL ADHERE TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND SHALL BE CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AND CERTIFIED BY THE PRESIDENT OF THE INSTITUTION. SUCH STATEMENT SHALL BE SUBMITTED IN A FORM AND MANNER AS DETERMINED BY THE COMMISSIONER. 4. NO PROPRIETARY INSTITUTION OF HIGHER EDUCATION SHALL PERMIT ANY SENIOR STAFF OR BOARD MEMBER OF THE INSTITUTION TO SERVE ON THE BOARD OF ANY REGIONAL OR NATIONAL ACCREDITING AGENCY OR ASSOCIATION WHICH IS AN ACCREDITOR OF THE INSTITUTION. 5. NO PROPRIETARY INSTITUTION OF HIGHER EDUCATION SHALL INCLUDE ANY PROVISION REQUIRING ARBITRATION OF DISPUTES WITHIN ANY STUDENT ENROLL- MENT CONTRACT OR AGREEMENT. 6. (A) COMMENCING IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR AND THEREAFTER, NO LESS THAN FIFTY PERCENT OF A PROPRIE- S. 1506 66 A. 2006 TARY INSTITUTION OF HIGHER EDUCATION'S ANNUAL EXPENDITURES SHALL BE MADE IN THE AREA OF STUDENT INSTRUCTION. (B) FOR THE PURPOSES OF THIS SUBDIVISION "STUDENT INSTRUCTION" MEANS EXPENDITURES FOR SALARIES, FRINGE BENEFITS, PROFESSIONAL DEVELOPMENT EXPENSES, AND OTHER PAYMENTS MADE TO INSTRUCTORS RELATED TO CLASSROOM INSTRUCTION. SUCH TERM DOES NOT INCLUDE EXPENDITURES FOR STAFF TRAINING REQUIRED UNDER STATE OR FEDERAL LAWS, OR FOR STUDENT RECRUITMENT, MARKETING, DIRECT MAILING, OR EXPENSES OF NON-INSTRUCTIONAL STAFF. (C) A PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS TO MEET THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE ACADEMIC YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS PARTICIPATING IN ANY PROGRAM AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD OF NOT LESS THAN TWO ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC YEAR IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON- STRATING FAILURE TO MEET THE REQUIREMENT FOR THE SECOND CONSECUTIVE ACADEMIC YEAR IS SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. TO REGAIN ELIGIBILITY TO ENROLL NEW STUDENTS PARTICIPATING IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A PROPRIE- TARY INSTITUTION OF HIGHER EDUCATION SHALL DEMONSTRATE COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION FOR A MINIMUM OF TWO ACADEMIC YEARS AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE. 7. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION OR A DIREC- TIVE OF THE COMMISSIONER ARISING THEREFROM SHALL CONSTITUTE A VIOLATION OF THE LAWS GOVERNING STATE FINANCIAL AID PROGRAMS FOR THE PURPOSES OF SECTION SIX HUNDRED SIXTY-FIVE-A OF THIS TITLE, AND THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION SHALL BE AUTHORIZED TO TERMINATE EXISTING AGREEMENTS WITH THE INSTITUTION TO PARTICIPATE IN STATE FINAN- CIAL AID PROGRAMS AND MAY PROHIBIT PARTICIPATION OF THE INSTITUTION IN STATE FINANCIAL AID PROGRAMS WITH RESPECT TO STUDENTS ENROLLED AFTER THE DATE OF TERMINATION OF SUCH AGREEMENTS. FURTHER, WHERE A PROPRIETARY INSTITUTION OF HIGHER EDUCATION FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION OR A DIRECTIVE OF THE COMMISSIONER ARISING THEREFROM, THE COMMISSIONER SHALL BE AUTHORIZED TO RESCIND SUCH INSTITUTION'S AUTHORITY TO ENROLL NEW STUDENTS IN ACADEMIC PROGRAMS IN THE STATE. 8. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS SECTION. § 3. This act shall take effect immediately. PART F Section 1. Section 97-z of the state finance law, as added by chapter 625 of the laws of 1987, subdivision 3 as amended by chapter 83 of the laws of 1995, is amended to read as follows: § 97-z. Arts capital [revolving] GRANTS fund. 1. A special fund to be known as the "arts capital [revolving] GRANTS fund" is hereby estab- lished in the custody of the state comptroller and the commissioner of taxation and finance. 2. The fund shall consist of all monies appropriated for its purpose, all monies transferred to such fund pursuant to law, all monies required by this section or any other provision of law to be paid into or credit- ed to the fund[, including payments of principal of and interest on loans made from the fund] and any interest earnings which may accrue from the investment of monies in the fund. Nothing contained herein shall prevent the New York state council on the arts from receiving S. 1506 67 A. 2006 grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund, when allocated, shall be available for adminis- trative costs of the council and to make [loans] GRANTS to eligible not-for-profit arts organizations as provided in section 3.07 of the arts and cultural affairs law [and to pay the reasonable administrative costs of the dormitory authority incurred in monitoring construction on eligible projects and costs associated with contracts with outside enti- ties to disburse loans and receive payments on such loans, as provided in such section]. 4. Monies shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the chairman of the New York state council on the arts. § 2. This act shall take effect immediately. PART G Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $8,479,000 for the fiscal year ending March 31, 2020. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preserva- tion program contracts authorized by this section, a total sum not to exceed $8,479,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $3,539,000 for the fiscal year ending March 31, 2020. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $3,539,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool S. 1506 68 A. 2006 insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 3. This act shall take effect immediately. PART H Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of section 390 of the social services law, as added by chapter 750 of the laws of 1990, is amended to read as follows: (i) "Child day care" shall mean CHILD CARE WHERE A LICENSE OR REGIS- TRATION PURSUANT TO THIS SECTION IS REQUIRED AND SHALL INCLUDE care for a child on a regular basis provided away from the child's residence for less than twenty-four hours per day by someone other than: (1) the parent, step-parent, guardian, or relative within the third degree of consanguinity of the parents or step-parents of such child; OR (2) AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN PARAGRAPH (G) OF THIS SUBDIVISION. § 2. Subdivision 1 of section 390 of the social services law is amended by adding two new paragraphs (g) and (h) to read as follows: (G) "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN A PERSON OR ENTITY THAT IS NOT REQUIRED TO BE LICENSED OR REGISTERED PURSUANT TO THIS SECTION AND THAT IS ENROLLED TO PROVIDE SUBSIDIZED CHILD CARE SERVICES TO ELIGIBLE FAMILIES IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. (H) "RELATIVE ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN AN ENROLLED LEGALLY-EXEMPT PROVIDER WHO IS AN INDIVIDUAL, AGE EIGHTEEN OR OLDER, AND WHO, BY VIRTUE OF BLOOD, MARRIAGE OR COURT DECREE, IS, TO ALL OF THE CHILDREN THAT SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED CHILD CARE SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE: (I) A GRANDPARENT; (II) A GREAT-GRANDPARENT; (III) A SIBLING PROVIDED THAT SUCH SIBLING RESIDES IN A SEPARATE HOUSEHOLD FROM THE CHILD; (IV) AN AUNT; OR (V) AN UNCLE. § 3. Paragraph (a) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows: (a) Child day care centers caring for seven or more children and group family day care programs, as defined in subdivision one of this section, shall obtain a license from the office of children and family services and shall operate in accordance with the terms of such license and the regulations of such office. Initial licenses [shall be valid for a peri- od of up to two years;] AND subsequent licenses shall be valid for a period of up to four years so long as the provider remains substantially in compliance with applicable law and regulations during such period. § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows: (A) Initial registrations [shall be valid for a period of up to two years,] AND subsequent registrations shall be valid for a period of up S. 1506 69 A. 2006 to four years so long as the provider remains substantially in compli- ance with applicable law and regulations during such period. § 5. Paragraphs (a) and (b) of subdivision 3 of section 390 of the social services law, paragraph (a) as amended by chapter 416 of the laws of 2000, and paragraph (b) as amended by chapter 117 of the laws of 2010, are amended to read as follows: (a) The office of children and family services may make announced or unannounced inspections of the records and premises of any child [day] care provider, whether or not such provider has a license from, or is registered with, the office of children and family services. The office of children and family services shall make unannounced inspections of the records and premises of any child day care provider within fifteen days after the office of children and family services receives a complaint that, if true, would indicate such provider does not comply with the APPLICABLE regulations of the office of children and family services or with statutory requirements. If the complaint indicates that there may be imminent danger to the children, the office of children and family services shall investigate the complaint no later than the next day of operation of the provider. The office of children and family services may provide for inspections through the purchase of services. (b) (I) Where inspections have been made and violations of applicable statutes or regulations have been found, the office of children and family services shall within ten days advise the child day care provider in writing of the violations and require the provider to correct such violations. The office of children and family services may also act pursuant to subdivisions ten and eleven of this section. (II) WHERE INSPECTIONS HAVE BEEN MADE AND VIOLATIONS OF APPLICABLE STATUTES OR REGULATIONS HAVE BEEN FOUND, THE OFFICE OF CHILDREN AND FAMILY SERVICES OR ITS DESIGNEE SHALL, WITHIN TEN DAYS, ADVISE THE ENROLLED LEGALLY-EXEMPT PROVIDER IN WRITING OF THE VIOLATIONS AND REQUIRE THE PROVIDER TO CORRECT SUCH VIOLATIONS. § 6. Paragraph (a) of subdivision 4 of section 390 of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) The office of children and family services on an annual basis shall inspect [at least twenty percent of all registered family day care homes, registered child day care centers and registered school age child care programs to determine whether such homes, centers and programs are operating in compliance with applicable statutes and regulations. The office of children and family services shall increase the percentage of family day care homes, child day care centers and school age child care programs which are inspected pursuant to this subdivision as follows: to at least thirty percent by the thirty-first of December two thousand; and to at least fifty percent by the thirty-first of December two thou- sand one] ALL CHILD DAY CARE PROGRAMS AND ALL ENROLLED LEGALLY-EXEMPT PROVIDERS OTHER THAN RELATIVE ENROLLED LEGALLY-EXEMPT PROVIDERS. The office of children and family services may provide for such inspections through purchase of services. [Priority shall be given to family day care homes which have never been licensed or certified prior to initial registration.] § 7. Subdivision 3 of section 390-a of the social services law, as added by chapter 416 of the laws of 2000, paragraph (b) as amended by chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter 117 of the laws of 2010, is amended to read as follows: 3. (a) The office of children and family services shall promulgate regulations requiring operators, program directors, employees and S. 1506 70 A. 2006 assistants of family day care homes, group family day care homes, school-age child care programs and child day care centers to receive PRE-SERVICE AND ANNUAL TRAINING, AS APPLICABLE. PROVIDED HOWEVER THAT SUCH PROVIDERS SHALL BE REQUIRED TO RECEIVE thirty hours of training every two years; provided, FURTHER however, that fifteen hours of such training must be received within the first six months of the initial licensure, registration or employment. Such training requirements shall also apply to any volunteer in such day care homes, programs or centers who has the potential for regular and substantial contact with children. The thirty hours of training required during the first biennial cycle after initial licensure or registration shall include training received while an application for licensure or registration pursuant to section three hundred ninety of this title is pending. The office of children and family services may provide this training through purchase of services. (b) The training required in paragraph (a) of this subdivision shall address TOPICS AND SUBJECT MATTERS REQUIRED BY FEDERAL LAW AND the following topics OR SUBJECT MATTERS, UNLESS SUCH TOPICS OR SUBJECT MATTERS ARE SUBSTANTIALLY COVERED IN TRAINING THAT IS REQUIRED PURSUANT TO FEDERAL LAW: (i) principles of childhood development, focusing on the developmental stages of the age groups for which the program provides care; (ii) nutrition and health needs of infants and children; (iii) child day care program development; (iv) safety and security procedures; (v) business record maintenance and management; (vi) child abuse and maltreatment identification and prevention; (vii) statutes and regulations pertaining to child day care; (viii) statutes and regulations pertaining to child abuse and maltreatment; and (ix) for operators, program directors, employees and assistants of family day care homes, group family day care homes and child day care centers, education and information on the identification, diagnosis and prevention of shaken baby syndrome. (c) For the thirty hours of biennial training required after the initial period of licensure or registration, each provider who can demonstrate basic competency shall determine in which of the specified topics he or she needs further study, based on the provider's experience and the needs of the children in the provider's care. (d) Family day care home and group family day care home operators shall obtain training pertaining to protection of the health and safety of children, as required by regulation, prior to the issuance of a license or registration by the office of children and family services. (e) Upon request by the office of children and family services, the child day care applicant or provider shall submit documentation demon- strating compliance with the training requirements of this section. § 8. The section heading of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: Criminal history review AND BACKGROUND CLEARANCES of child care providers, generally. § 9. Subdivisions 1, 2 and 3 of section 390-b of the social services law are REPEALED and five new subdivisions 1, 1-a, 2, 3 and 3-a are added to read as follows: 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND SUBJECT TO RULES AND REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY S. 1506 71 A. 2006 SERVICES AND, WHERE APPLICABLE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE FOLLOWING CLEARANCES SHALL BE CONDUCTED FOR ENTITIES SPEC- IFIED IN SUBDIVISION TWO OF THIS SECTION IN THE TIME AND MANNER AS REQUIRED BY THIS SECTION: (A) A CRIMINAL HISTORY RECORD CHECK WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES; (B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN EACH STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S CRIMINAL HISTORY RECORD INFORMATION WILL BE PROVIDED AS PART OF THE RESULTS OR THE CLEARANCE CONDUCTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; (C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES- TIGATION; THE DIVISION OF CRIMINAL JUSTICE SERVICES IS DIRECTED TO SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT TO AND CONSISTENT WITH PUBLIC LAW 113-186 TO DETERMINE WHETHER SUCH PERSONS SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION; (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY; (E) A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION; (F) A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE NATIONAL CRIME AND INFORMATION CENTER, ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.); (G) A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS ARTICLE; AND (H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS; IF APPLICABLE. 1-A. FOR PURPOSES OF THIS SECTION, AND IN ACCORDANCE WITH FEDERAL LAW, THE TERM "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL REFER TO A PERSON WHO MEETS THE DEFINITION OF "ENROLLED LEGALLY-EXEMPT PROVIDER" AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE AND WHO IS NOT AN INDIVIDUAL WHO IS RELATED TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES ARE PROVIDED. 2. IN RELATION TO ANY CHILD DAY CARE PROGRAM AND ANY ENROLLED LEGAL- LY-EXEMPT PROVIDER: (A) THE CLEARANCES REQUIRED PURSUANT TO PARAGRAPHS (A), (C), (D) AND (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONDUCTED FOR: (I) EVERY PROSPECTIVE VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE; (II) EVERY APPLICANT TO BECOME AN ENROLLED LEGALLY-EXEMPT PROVIDER; (III) EVERY PROSPECTIVE CAREGIVER OR EMPLOYEE, INCLUDING DIRECTORS AND OPERATORS OF SUCH A PROGRAM; AND (IV) WHERE THE CHILD CARE SERVICES WILL BE OR ARE PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN OR OLDER WHO, FOR A PROSPECTIVE PROGRAM, RESIDES, OR WHO, FOR AN EXISTING PROGRAM, BEGINS RESIDING ON THE PREMISES WHERE THE CHILD CARE SERVICES ARE PROVIDED; (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO OCTOBER FIRST, TWO THOUSAND TWENTY, ALL CLEARANCES LISTED IN SUBDIVI- SION ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED PURSU- ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND FOR WHICH ON-GOING CRIMINAL S. 1506 72 A. 2006 HISTORY RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN ACCORD- ANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, FOR ALL: (I) EXISTING VOLUNTEERS WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE; (II) EXISTING CAREGIVERS AND EMPLOYEES INCLUDING DIRECTORS AND OPERA- TORS OF ANY SUCH PROGRAM; AND (III) WHERE THE CHILD CARE SERVICES ARE PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN OR OLDER WHO RESIDES ON THE PREMISES WHERE THE CHILD CARE SERVICES ARE PROVIDED; (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CLEARANCES REQUIRED PURSUANT TO THIS SECTION OTHER THAN THOSE FOR WHICH ON-GOING CRIMINAL HISTORY RESULTS ARE PROVIDED, SHALL BE CONDUCTED FOR A PERSON LISTED IN SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH (B) OF THIS SUBDIVISION AT LEAST ONCE EVERY FIVE YEARS IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN RELATION TO THE CLEARANCES REQUIRED PURSUANT THIS SECTION, AN INDIVIDUAL OR A PROGRAM SHALL BE DEEMED INELIGIBLE, AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF SUCH INDIVIDUAL: (I) REFUSES TO CONSENT TO SUCH CLEARANCE; (II) KNOWINGLY MAKES A MATERIALLY FALSE STATEMENT IN CONNECTION WITH SUCH A CLEARANCE; (III) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A STATE SEX OFFENDER REGISTRY OR REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.); OR (IV) HAS BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH (E) OR CLAUSES (I) THROUGH (VIII) OF SUBPARAGRAPH (D) OF PARAGRAPH (1) OF SUBDIVISION (C) OF 42 U.S.C. 9858F. (B) FOR PURPOSE OF THIS SUBDIVISION, THE TERM "INELIGIBLE" SHALL MEAN: (I) THE INDIVIDUAL WHO ENGAGED IN CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE PERMITTED TO: (1) OPERATE, DIRECT, BE THE CAREGIVER FOR, OR BE EMPLOYED BY A CHILD DAY CARE PROGRAM OR AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (2) BE A VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN A CHILD DAY CARE PROGRAM OR WITH AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (3) BE AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (II) IN RELATION TO CHILD DAY CARE PROGRAMS OR ANY ENROLLED LEGALLY- EXEMPT PROVIDERS, WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, TO A CHILD IN A HOME SETTING WHERE SUCH CHILD DOES NOT RESIDE, SUCH PROGRAM OR PROVIDER SHALL NOT BE ELIGIBLE TO OPERATE OR TO BE ENROLLED TO SERVE CHILDREN RECEIVING CHILD CARE SUBSIDIES PURSUANT TO TITLE FIVE-C OF THIS ARTICLE, IF AN INDIVIDUAL OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE HOUSEHOLD WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, ENGAGED IN CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. 3-A. (A) IN RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY-EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT ANY EXISTING OPERATOR, DIRECTOR, CAREGIVER, OR PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD CARE IS PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE HAS BEEN CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHIL- DREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY S. 1506 73 A. 2006 OF THE CHILDREN IN THE PROGRAM, AND MAY DENY, LIMIT, SUSPEND, REVOKE OR REJECT SUCH PROGRAM'S LICENSE OR REGISTRATION OR TERMINATE OR REJECT SUCH PROGRAM'S ENROLLMENT, AS APPLICABLE, UNLESS THE OFFICE OF CHILDREN AND FAMILY SERVICES, DETERMINES IN ITS DISCRETION, THAT CONTINUED OPERA- TION BY THE CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH, SAFETY OR WELFARE OF THE CHILDREN CARED FOR IN THE PROGRAM OR BY THE PROVIDER. (B) IN RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY- EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT ANY EXISTING EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN HAS BEEN CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHILDREN OF FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM. THE OFFICE OF CHILDREN OF FAMILY SERVICES MAY DIRECT THE PROGRAM OR PROVIDER TO TERMINATE THE EMPLOYEE OR VOLUNTEER BASED ON SUCH A CONVICTION, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. (C) IN RELATION TO ANY CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGAL- LY-EXEMPT PROVIDERS OR ANY APPLICANTS TO BECOME AN ENROLLED LEGALLY-EX- EMPT PROVIDER, WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARA- GRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, FOR ANY PROSPECTIVE EMPLOYEE, VOLUNTEER, OR APPLICANT SEEKING ENROLLMENT, THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY DIRECT THAT SUCH PERSON NOT BE HIRED OR BE ENROLLED, AS APPLICABLE, BASED ON SUCH A CONVICTION, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. (D) (I) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN APPLICANT TO BE THE OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM, OR ANYONE WHO RESIDES IN THE HOME OVER THE AGE OF EIGHTEEN WHERE CHILD DAY CARE IS PROPOSED TO BE PROVIDED TO CHILDREN IN A HOME- BASED SETTING HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS FINALLY RESOLVED. (II) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT THE CURRENT OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM OR ANY PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD DAY CARE IS PROVIDED HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY SUSPEND A LICENSE OR REGISTRATION OR TERMINATE ENROLLMENT BASED ON SUCH A CHARGE WHEN NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. (III) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN EXISTING CAREGIVER, VOLUNTEER OR AN EXISTING EMPLOYEE OF AN ENROLLED LEGALLY-EXEMPT PROVIDER OR ANY PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD CARE IS PROVIDED BY AN ENROLLED LEGALLY-EXEMPT PROVIDER IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE, HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL TAKE ONE OR MORE OF THE FOLLOWING STEPS: (A) CONDUCT A SAFETY ASSESSMENT; OR (B) TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. S. 1506 74 A. 2006 (IV) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN APPLICANT TO BE AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSU- PERVISED CONTACT WITH CHILDREN OF A CHILD DAY CARE PROGRAM HAS BEEN CHARGED WITH A CRIME, THE OFFICE SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS FINALLY RESOLVED. (V) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT A CURRENT EMPLOYEE, OR CURRENT VOLUNTEER WITH THE POTENTIAL FOR UNSUPER- VISED CONTACT WITH CHILDREN OF A CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM. § 10. Subdivision 6 of section 390-b of the social services law is REPEALED and a new subdivision 6 is added to read as follows: 6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY ANY REQUIRED PROCESSING FEE FOR A CRIMINAL HISTORY OR SEX OFFENDER CLEARANCE PURSUANT TO THIS SECTION. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMPTLY SUBMIT FINGERPRINTS OBTAINED PURSUANT TO THIS SECTION AND SUCH PROCESSING FEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. § 11. Subdivision 7 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: 7. Where the office of children and family services OR ITS DESIGNEE DENIES OR directs a child day care OR AN ENROLLED LEGALLY-EXEMPT provid- er to deny an application based on the criminal history record[,]; (A) the provider must notify the applicant that such record is the basis of the denial; AND (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY AS THE CASE MAY BE, SUCH CURRENT OR PROSPECTIVE OPERATOR, DIRECTOR, EMPLOYEE, ASSISTANT, LEGALLY EXEMPT PROVIDER, VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN OR OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER, WHO RESIDES IN THE HOME WHERE CARE IS PROVIDED, OTHER THAN THE CHILD'S HOME, THAT THE CRIMINAL RECORD CHECK WAS THE BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE SUCH INDI- VIDUAL WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD CHECK UPON WHICH SUCH DENIAL WAS BASED TOGETHER WITH A WRITTEN STATEMENT SETTING FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI- GATION. § 12. Subdivisions 9 and 10 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, are amended and a new subdivision 11 is added to read as follows: 9. (A) Any criminal history record provided by the division of crimi- nal justice services, and any summary of the criminal history record provided by the office of children and family services to a [child day care provider] PERSON THAT RECEIVES A CLEARANCE pursuant to this section, is confidential and shall not be available for public inspection; provided, however, nothing herein shall prevent [a child day care provider or] the office of children and family services from disclosing criminal history information OR THE INDIVIDUAL FROM DISCLOS- ING HIS OR HER CRIMINAL HISTORY INFORMATION at any administrative or judicial proceeding relating to the denial or revocation of an applica- tion, employment, license or registration. The subject of a criminal history review conducted pursuant to this section shall be entitled to receive, upon written request, a copy of the summary of the criminal history record [provided by the office of children and family services S. 1506 75 A. 2006 to the child day care provider]. Unauthorized disclosure of such records or reports shall BE subject [the provider] to civil penalties in accordance with the provisions of subdivision eleven of section three hundred ninety of this title. (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO ANY NON-PUBLIC ENTITY. 10. A child day care OR ENROLLED LEGALLY-EXEMPT provider shall advise the office of children and family services when an individual who is subject to criminal history record review in accordance with subdivision one or two of this section is no longer subject to such review. The office of children and family services shall inform the division of criminal justice services when an individual who is subject to criminal history review is no longer subject to such review so that the division of criminal justice services may terminate its retain processing with regard to such person. At least once a year, the office of children and family services will be required to conduct a validation of the records maintained by the division of criminal justice services. 11. CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW YORK SHALL REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS OF ANY FEDERAL LAWS AND REGULATIONS PERTAINING TO THE CHILD CARE DEVELOP- MENT AND BLOCK GRANT AND THE RELATED FEDERALLY APPROVED PLANS OF THE STATE OF NEW YORK. § 13. Subparagraph (z) of paragraph (A) of subdivision 4 of section 422 of the social services law, as amended by section 11 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (z) an entity with appropriate legal authority in another state to license, certify or otherwise approve prospective foster parents, prospective adoptive parents, prospective relative guardians [or], prospective successor guardians OR CHILD CARE PROGRAM where disclosure of information regarding such prospective foster or prospective adoptive parents or prospective relative or prospective successor guardians and other persons over the age of eighteen residing in the home of such persons [is] OR WHERE CHILD CARE IS PROVIDED, AS required under EITHER title IV-E of the federal social security act OR THE FEDERAL CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT (SECTION NINE THOUSAND EIGHT HUNDRED FIFTY-EIGHT, ET SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and § 14. Paragraph (a) of subdivision 1 of section 424-a of the social services law, as amended by section 12 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) A licensing agency shall inquire of the [department] OFFICE OF CHILDREN AND FAMILY SERVICES and the [department] OFFICE shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether an applicant for a certif- icate, license, ENROLLMENT or permit, [assistants to group] OR TO BECOME AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE OF A family day care [providers] PROVIDER OR AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE the director of a camp subject to the provisions of article thirteen-B of the public health law, a prospective successor guardian when a clearance is conducted pursuant to paragraph (d) of subdivision two of section four hundred fifty-eight-b of this article, and any person over the age of S. 1506 76 A. 2006 eighteen who resides in the home of a person who has applied to become an adoptive parent or a foster parent or to operate a family day care home or group family day care home or any person over the age of eigh- teen residing in the home of a prospective successor guardian when a clearance is conducted of a prospective successor guardian pursuant to this paragraph, OR ANY PERSON AGE EIGHTEEN OR OLDER THAT RESIDES ON THE PREMISES OF WHERE CHILD CARE IS PROVIDED IN A SETTING THAT IS NOT THE CHILD'S OWN HOME BY AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE has been or is currently the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment. § 15. Subdivision 4 of section 424-a of the social services law, as amended by section 14 of part L of chapter 56 of the laws of 2015, is amended to read as follows: 4. For purposes of this section, the term "licensing agency" shall mean an authorized agency which has received an application to become an adoptive parent or an authorized agency which has received an applica- tion for a certificate or license to receive, board or keep any child pursuant to the provisions of section three hundred seventy-six or three hundred seventy-seven of this article or an authorized agency which has received an application from a relative within the second degree or third degree of consanguinity of the parent of a child or a relative within the second degree or third degree of consanguinity of the step- parent of a child or children, or the child's legal guardian for approval to receive, board or keep such child, or an authorized agency that conducts a clearance pursuant to paragraph (d) of subdivision two of section four hundred fifty-eight-b of this article, or a state or local governmental agency which receives an application to provide child day care services in a child day care center, school-age child care program, family day care home or group family day care home OR ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE pursuant to the provisions of section three hundred ninety of this article, or the department of health and mental hygiene of the city of New York, when such department receives an application for a certificate of approval to provide child day care services in a child day care center pursuant to the provisions of the health code of the city of New York, or the office of mental health or the office for people with developmental disabili- ties when such office receives an application for an operating certif- icate pursuant to the provisions of the mental hygiene law to operate a family care home, or a state or local governmental official who receives an application for a permit to operate a camp which is subject to the provisions of article thirteen-B of the public health law or the office of children and family services which has received an application for a certificate to receive, board or keep any child at a foster family home pursuant to articles nineteen-G and nineteen-H of the executive law or any other facility or provider agency, as defined in subdivision four of section four hundred eighty-eight of this chapter, in regard to any licensing or certification function carried out by such facility or agency. § 16. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remained thereof, but shall by confined in its operation to the clause, sentence, paragraph, subdivi- S. 1506 77 A. 2006 sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not be included herein. § 17. This act shall take effect immediately; provided, however that sections one, two, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act shall take effect September 1, 2019; and provided, further that sections three, four, five and six of this act shall take effect September 30, 2019; and provided, further, that the office of children and family services is authorized to promulgate any rules or regulations necessary for the implementation of this act on its effective date. PART I Section 1. Subdivision 1 of section 378-a of the social services law, as amended by chapter 83 of the laws of 2013, is amended to read as follows: 1. (A) Every authorized agency which operates a residential program for children licensed or certified by the office of children and family services, and the office of children and family services in relation to any juvenile justice program it operates, shall request that the justice center for the protection of people with special needs check, and upon such request, such justice center shall request and shall be authorized to receive from the division of criminal justice services and the feder- al bureau of investigation criminal history information, as such phrase is defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law concerning each prospective operator, employee or volunteer of such a residential program who will have regu- lar and substantial unsupervised or unrestricted physical contact with children in such program. (B) EVERY AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REQUEST THAT THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS CHECK, AND UPON SUCH REQUEST, SUCH JUSTICE CENTER SHALL REQUEST AND SHALL BE AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THE SECTION EIGHT HUNDRED FORTY- FIVE-B OF THE EXECUTIVE LAW, FOR EVERY: (I) PROSPECTIVE EMPLOYEE OF SUCH PROGRAM THAT IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION IN CONNECTION TO SUCH EMPLOYMENT. (C) For the purposes of this section, "operator" shall include any natural person with an ownership interest in the authorized agency. (D) Access to and the use of [such] information OBTAINED PURSUANT TO THIS SUBDIVISION shall be governed by the provisions of section eight hundred forty-five-b of the executive law. S. 1506 78 A. 2006 § 2. Paragraph A of subdivision 4 of section 422 of the social services law, is amended by adding a new subparagraph (bb) to read as follows: (BB) AN ENTITY WITH APPROPRIATE LEGAL AUTHORITY IN ANOTHER STATE TO LICENSE, CERTIFY OR OTHERWISE APPROVE RESIDENTIAL PROGRAMS FOR FOSTER CHILDREN WHERE DISCLOSURE OF INFORMATION REGARDING ANY PROSPECTIVE OR CURRENT EMPLOYEE OF SUCH PROGRAM IS REQUIRED BY PARAGRAPH TWENTY OF SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO OF THE UNITED STATES CODE. § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 424-a of the social services law, as amended by section 8-a of part D of chapter 501 of the laws of 2012, is amended to read as follows: (i) (A) Subject to the provisions of subdivision seven of this section, a provider agency shall inquire of the office and the office shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether any person who is actively being considered for employment and who will have the poten- tial for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsuper- vised contact with such individuals. Such agency may inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is currently employed and who has the potential for regular and substantial contact with individuals who are cared for by such agency is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment. A provider agency shall also inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is employed by an individual, corpo- ration, partnership or association which provides goods or services to such agency who has the potential for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsupervised contact with such individuals. Inquiries made to the office pursuant to this subparagraph by a provider agency on current employees shall be made no more often than once in any six month period. (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, WHERE THE PROVID- ER AGENCY IS AN AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES SUCH AGENCY SHALL INQUIRE OF THE OFFICE AND THE OFFICE SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDI- VISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER: (I) ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT IN SUCH PROGRAM WHO IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT; AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHETHER ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SUBPARAGRAPH IN CONNECTION TO SUCH EMPLOYMENT IS THE SUBJECT OF AN INDICATED CHILD ABUSE S. 1506 79 A. 2006 AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. § 4. This act shall take effect July 1, 2019. PART J Section 1. The section heading and the opening paragraph of subdivi- sion 1 of section 131-u of the social services law, as amended by chap- ter 169 of the laws of 1994, is amended to read as follows: Domestic violence services [to eligible persons]. Notwithstanding any inconsistent provision of law, a social services district shall, in accordance with the provisions of this section and regulations of the department, offer and provide emergency shelter and services at a residential program for victims of domestic violence, as defined in article six-A of this chapter, to the extent that such shel- ter and services are necessary and available to a victim of domestic violence, as defined in article six-A of this chapter, and in need of emergency shelter and services, who was residing in the social services district at the time of the alleged domestic violence [and who:]. § 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u of the social services law are REPEALED. § 3. Subdivision 2 of section 131-u of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: 2. The department [shall] MAY annually establish, subject to the approval of the director of the budget, a daily rate of reimbursement for each residential program for victims of domestic violence, as defined in article six-A of this chapter, certified by the department which provides emergency shelter and services to persons eligible for such emergency shelter and services pursuant to this section. A social services district financially responsible for a victim of domestic violence shall reimburse a residential program for victims of domestic violence for the costs of emergency shelter and services provided to such victim at the daily reimbursement rate established by the depart- ment reduced by [the sum of all fees which such victim is able to pay toward the costs of such shelter and services as determined in accord- ance with the public assistance budgeting rules set forth in the regu- lations of the department and by] any [third party] OTHER reimbursement available for such costs. § 4. Section 459-f of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: § 459-f. [Fees] PAYMENT for services. [Any program defined in subdivi- sion four of section four hundred fifty-nine-a of this article may charge a service fee to a victim of domestic violence who is able to pay all or part of the costs of the emergency shelter and services provided to the victim.] Payments by a social services district to a residential program for victims of domestic violence for the costs of emergency shelter and services provided to a victim of domestic violence at the daily reimbursement rate determined by the department in accordance with section one hundred thirty-one-u of this chapter shall be reduced by the sum of [all fees which such victim is able to pay toward the costs of such shelter and services as determined in accordance with the public assistance budgeting rules set forth in the regulations of the depart- ment and by] any [third party] OTHER reimbursement available for such costs. § 5. This act shall take effect April 1, 2019. S. 1506 80 A. 2006 PART K Section 1. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chap- ter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivi- sions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: § 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigi- ble, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 or 230.00 of the penal law, or who appears to be a sexu- ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- sion one of section four hundred forty-seven-a of the social services law, but only if the child consents to the filing of a petition under this article. (b) ["Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the exec- utive law. (c) "Secure detention facility". A facility characterized by phys- ically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e)] "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he OR SHE violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his OR HER parents, guardian or legal custodian. [(f)] (C) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. [(g)] (D) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. [(h)] (E) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriate- ness of the permanency plan developed by the social services official on behalf of such respondent. [(i)] (F) "Diversion services". Services provided to children and families pursuant to section seven hundred thirty-five of this article for the purpose of avoiding the need to file a petition [or direct the detention of the child]. Diversion services shall include: efforts to adjust cases pursuant to this article before a petition is filed, or by order of the court, after the petition is filed but before fact-finding is commenced; and preventive services provided in accordance with section four hundred nine-a of the social services law to avert the placement of the child [into foster care], including crisis intervention and respite services. Diversion services may also include, in cases where any person is seeking to file a petition that alleges that the S. 1506 81 A. 2006 child has a substance use disorder or is in need of immediate detoxifi- cation or substance use disorder services, an assessment for substance use disorder; provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assess- ment or substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. [(j)] (G) "Substance use disorder". The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person's physical and mental health or the welfare of others. [(k)] (H) "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than eighteen years of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others. [(l)] (I) "A substance use disorder which could make a youth a danger to himself or herself or others". A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services. [(m)] (J) "Substance use disorder services". Substance use disorder services shall have the same meaning as provided for in section 1.03 of the mental hygiene law. § 2. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] § 3. Section 720 of the family court act, as amended by chapter 419 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) of subdivision 5 as added by section 8 of part G of chapter 58 of the laws of 2010, is amended to read as follows: § 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER- WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom the provisions of this article may apply, shall be detained in any pris- on, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with a crime. [2. The detention of a child in a secure detention facility shall not be directed under any of the provisions of this article. 3. Detention of a person alleged to be or adjudicated as a person in need of supervision shall, except as provided in subdivision four of this section, be authorized only in a foster care program certified by the office of children and family services, or a certified or approved family boarding home, or a non-secure detention facility certified by the office and in accordance with section seven hundred thirty-nine of this article. The setting of the detention shall take into account (a) the proximity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and (b) the existing educational setting of such person and the proximity of such setting to the location of the detention setting. S. 1506 82 A. 2006 4. Whenever detention is authorized and ordered pursuant to this arti- cle, for a person alleged to be or adjudicated as a person in need of supervision, a family court in a city having a population of one million or more shall, notwithstanding any other provision of law, direct detention in a foster care facility established and maintained pursuant to the social services law. In all other respects, the detention of such a person in a foster care facility shall be subject to the identical terms and conditions for detention as are set forth in this article and in section two hundred thirty-five of this act. 5. (a) The court shall not order or direct detention under this arti- cle, unless the court determines that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (b) Where the youth is sixteen years of age or older, the court shall not order or direct detention under this article, unless the court determines and states in its order that special circumstances exist to warrant such detention. (c) If the respondent may be a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short- term safe house as defined in subdivision two of section four hundred forty-seven-a of the social services law as an alternative to detention.] § 4. Section 727 of the family court act is REPEALED. § 5. The section heading and subdivisions (c) and (d) of section 728 of the family court act, subdivision (d) as added by chapter 145 of the laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision (d) as renumbered by section 5 of part E of chapter 57 of the laws of 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision (d) as added by section 10 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Discharge[,] OR release [or detention] by judge after hearing and before filing of petition in custody cases. (c) An order of release under this section may, but need not, be conditioned upon the giving of a recognizance in accord with [sections seven hundred twenty-four (b)] PARAGRAPH (i) OF SUBDIVISION (B) OF SECTION SEVEN HUNDRED TWENTY-FOUR OF THIS ARTICLE. [(d) Upon a finding of facts and reasons which support a detention order pursuant to this section, the court shall also determine and state in any order directing detention: (i) that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (ii) whether continuation of the child in the child's home would be contrary to the best interests of the child based upon, and limited to, the facts and circumstances available to the court at the time of the hearing held in accordance with this section; and (iii) where appropriate, whether reasonable efforts were made prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the child from his or her home or, if the child had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the child to safely return home; and S. 1506 83 A. 2006 (iv) whether the setting of the detention takes into account the prox- imity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and the existing educational setting of such person and the proximity of such setting to the location of the detention setting.] § 6. Section 729 of the family court act is REPEALED. § 7. Subdivisions (b), paragraph (i) of subdivision (d) and subdivi- sion (f) of section 735 of the family court act, subdivision (b) as amended by chapter 38 of the laws of 2014, paragraph (i) of subdivision (d) as amended by chapter 535 of the laws of 2011 and subdivision (f) as added by section 7 of part E of chapter 57 of the laws of 2005, are amended to read as follows: (b) The designated lead agency shall: (i) confer with any person seeking to file a petition, the youth who may be a potential respondent, his or her family, and other interested persons, concerning the provision of diversion services before any peti- tion may be filed; and (ii) diligently attempt to prevent the filing of a petition under this article or, after the petition is filed, to prevent the placement of the youth into foster care; and (iii) assess whether the youth would benefit from residential respite services; and (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND (V) determine whether alternatives to detention are appropriate to avoid remand of the youth to detention; and [(v)] (VI) determine whether an assessment of the youth for substance use disorder by an office of alcoholism and substance abuse services certified provider is necessary when a person seeking to file a petition alleges in such petition that the youth is suffering from a substance use disorder which could make the youth a danger to himself or herself or others. Provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assessment or for any substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. The office of alco- holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. (i) providing, at the first contact, information on the availability of or a referral to services in the geographic area where the youth and his or her family are located that may be of benefit in avoiding the need to file a petition under this article; including the availability, for up to twenty-one days, of a residential respite program, if the youth and his or her parent or other person legally responsible for his or her care agree, and the availability of other non-residential crisis intervention programs such as family crisis counseling or alternative dispute resolution programs or an educational program as defined in section four hundred fifty-eight-l of the social services law. (f) Efforts to prevent the filing of a petition pursuant to this section may extend until the designated lead agency determines that there is no substantial likelihood that the youth and his or her family will benefit from further attempts. Efforts at diversion pursuant to this section may continue after the filing of a petition where the S. 1506 84 A. 2006 designated lead agency determines that the youth and his or her family will benefit from further attempts to prevent PLACEMENT OF the youth [from entering foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE. § 8. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: § 739. Release or [detention] REFERRAL after filing of petition and prior to order of disposition. [(a)] After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent [or direct his or her detention]. If the respondent may be a sexually exploited child as defined in subdi- vision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as an alternative to detention. However, the court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to detention have been exhausted. (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no detention under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circumstances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and (ii) where appropriate, whether reasonable efforts were made prior to the date of the court order directing detention in accordance with this section, to prevent or eliminate the need for removal of the respondent from his or her home or, if the respondent had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the respondent to safely return home]. § 9. Section 741-a of the family court act, as amended by section 3 of part B of chapter 327 of the laws of 2007, is amended to read as follows: § 741-a. Notice and right to be heard. The foster parent caring for [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any pre-adoptive parent or relative providing care for the respondent shall be provided with notice of any permanency hearing held pursuant to this article by the social services official. Such foster parent, pre-adoptive parent or relative shall have the right to be heard at any such hearing; provided, however, no such foster parent, pre-adoptive parent or relative shall be construed to be a party to the hearing solely on the basis of such notice and right to be heard. The failure of the foster parent, pre-a- doptive parent, or relative caring for the child to appear at a perman- S. 1506 85 A. 2006 ency hearing shall constitute a waiver of the right to be heard and such failure to appear shall not cause a delay of the permanency hearing nor shall such failure to appear be a ground for the invalidation of any order issued by the court pursuant to this section. § 10. Section 747 of the family court act is REPEALED. § 11. Section 748 of the family court act is REPEALED. § 12. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An [adjournment on the court's motion may not be for a period of more than ten days if the respondent is detained, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not detained, an] adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. § 13. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, subparagraph (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) The order shall state the court's reasons for the particular disposition. If the court places the child in accordance with section seven hundred fifty-six of this part, the court in its order shall determine: (i) whether continuation in the child's home would be contra- ry to the best interest of the child and where appropriate, that reason- able efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and, if the child was removed from his or her home prior to the date of such hearing, that such removal was in the child's best interest and, where appropriate, reason- able efforts were made to make it possible for the child to return safe- ly home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circum- stances, the court order shall include such a finding; and (ii) in the case of a child who has attained the age of fourteen, the services need- ed, if any, to assist the child to make the transition from foster care to independent living. [Nothing in this subdivision shall be construed to modify the standards for directing detention set forth in section seven hundred thirty-nine of this article.] § 14. Section 756 of the family court act, as amended by chapter 920 of the laws of 1982, paragraph (i) of subdivision (a) as amended by chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) of subdivision (a) as amended by section 11 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 1999, and subdivision (c) as amended by section 10 of part E of chapter 57 of the laws of 2005, is amended to read as follows: § 756. Placement. (a) (i) For purposes of section seven hundred fifty-four OF THIS PART, the court may place the child in its own home or in the custody of a suitable relative or other suitable private person [or a commissioner of social services], subject to the orders of the court. (ii) [Where the child is placed] IF THE COURT FINDS THAT THE RESPOND- ENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF S. 1506 86 A. 2006 SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY PLACE THE CHILD with the commissioner of the local social services district[, the court] AND may direct the commissioner to place the child with an authorized agency or class of authorized agencies, including[, if the court finds that the respondent is a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law,] an available long-term safe house. Unless the dispositional order provides otherwise, the court so directing shall include one of the following alternatives to apply in the event that the commissioner is unable to so place the child: (1) the commissioner shall apply to the court for an order to stay, modify, set aside, or vacate such directive pursuant to the provisions of section seven hundred sixty-two or seven hundred sixty-three OF THIS PART; or (2) the commissioner shall return the child to the family court for a new dispositional hearing and order. (b) Placements under this section may be for an initial period of twelve months. The court may extend a placement pursuant to section seven hundred fifty-six-a. In its discretion, the court may recommend restitution or require services for public good pursuant to section seven hundred fifty-eight-a OF THIS PART in conjunction with an order of placement. For the purposes of calculating the initial period of place- ment, such placement shall be deemed to have commenced sixty days after the date the child was removed from his or her home in accordance with the provisions of this article. [If the respondent has been in detention pending disposition, the initial period of placement ordered under this section shall be credited with and diminished by the amount of time spent by the respondent in detention prior to the commencement of the placement unless the court finds that all or part of such credit would not serve the best interests of the respondent. (c) A placement pursuant to this section with the commissioner of social services shall not be directed in any detention facility, but the court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-eight of the social services law, upon written documentation to the office of children and family services that the youth is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement.] § 15. Section 758-a of the family court act, as amended by chapter 73 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the laws of 2007, subdivision 2 as amended by chapter 309 of the laws of 1996, and subdivision 3 as separately amended by chapter 568 of the laws of 1979, is amended to read as follows: § 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the court may (a) recommend as a condition of placement, or order as a condition of probation or suspended judgment, restitution in an amount representing a fair and reasonable cost to replace the property or repair the damage caused by the [infant] CHILD, not, however, to exceed one thousand dollars. [In the case of a placement, the court may recommend that the infant pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in S. 1506 87 A. 2006 amounts set by the agency with which he is placed, and in the case of probation or suspended judgment, the] THE court may require that the [infant] CHILD pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the court; and/or (b) order as a condition of placement, probation, or suspended judg- ment, services for the public good including in the case of a crime involving willful, malicious, or unlawful damage or destruction to real or personal property maintained as a cemetery plot, grave, burial place, or other place of interment of human remains, services for the mainte- nance and repair thereof, taking into consideration the age and physical condition of the [infant] CHILD. 2. [If the court recommends restitution or requires services for the public good in conjunction with an order of placement pursuant to section seven hundred fifty-six, the placement shall be made only to an authorized agency which has adopted rules and regulations for the super- vision of such a program, which rules and regulations shall be subject to the approval of the state department of social services. Such rules and regulations shall include, but not be limited to provisions (i) assuring that the conditions of work, including wages, meet the stand- ards therefor prescribed pursuant to the labor law; (ii) affording coverage to the child under the workers' compensation law as an employee of such agency, department or institution; (iii) assuring that the enti- ty receiving such services shall not utilize the same to replace its regular employees; and (iv) providing for reports to the court not less frequently than every six months, unless the order provides otherwise. 3.] If the court requires restitution or services for the public good [as a condition of probation or suspended judgment], it shall provide that an agency or person supervise the restitution or services and that such agency or person report to the court not less frequently than every six months, unless the order provides otherwise. Upon the written notice sent by a school district to the court and the appropriate probation department or agency which submits probation recommendations or reports to the court, the court may provide that such school district shall supervise the performance of services for the public good. [4.] 3. The court, upon receipt of the reports provided for in subdi- vision two [or three] of this section may, on its own motion or the motion of any party or the agency, hold a hearing to determine whether the [placement] CONDITION should be altered or modified. § 16. Section 774 of the family court act is amended to read as follows: § 774. Action on petition for transfer. On receiving a petition under section seven hundred seventy-three OF THIS PART, the court may proceed under sections seven hundred thirty-seven, seven hundred thirty-eight or seven hundred thirty-nine OF THIS ARTICLE with respect to the issuance of a summons or warrant [and sections seven hundred twenty-seven and seven hundred twenty-nine govern questions of detention and failure to comply with a promise to appear]. Due notice of the petition and a copy of the petition shall also be served personally or by mail upon the office of the locality chargeable for the support of the person involved and upon the person involved and his OR HER parents and other persons. § 17. Subdivisions 3, 3-a, 11 and 12 of section 398 of the social services law, subdivision 3 as amended by chapter 419 of the laws of 1987, paragraph (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11 S. 1506 88 A. 2006 as added by chapter 514 of the laws of 1976 and subdivision 12 as amended by section 12 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: 3. As to delinquent children [and persons in need of supervision]: (a) Investigate complaints as to alleged delinquency of a child. (b) Bring such case of alleged delinquency when necessary before the family court. (c) Receive within fifteen days from the order of placement as a public charge any delinquent child committed or placed [or person in need of supervision placed] in his or her care by the family court provided, however, that the commissioner of the social services district with whom the child is placed may apply to the state commissioner or his or her designee for approval of an additional fifteen days, upon written documentation to the office of children and family services that the youth is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement. [3-a. As to delinquent children: (a)] (D) (1) Conditionally release any juvenile delinquent placed with the district to aftercare whenever the district determines conditional release to be consistent with the needs and best interests of such juve- nile delinquent, that suitable care and supervision can be provided, and that there is a reasonable probability that such juvenile delinquent can be conditionally released without endangering public safety; provided, however, that such conditional release shall be made in accordance with the regulations of the office of children and family services, and provided further that no juvenile delinquent while absent from a facili- ty or program without the consent of the director of such facility or program shall be conditionally released by the district solely by reason of the absence. (2) It shall be a condition of such release that a juvenile delinquent so released shall continue to be the responsibility of the social services district for the period provided in the order of placement. (3) The social services district may provide clothing, services and other necessities for any conditionally released juvenile delinquent, as may be required, including medical care and services not provided to such juvenile delinquent as medical assistance for needy persons pursu- ant to title eleven of article five of this chapter. (4) The social services district, pursuant to the regulations of the office of children and family services, may cause a juvenile delinquent to be returned to a facility operated and maintained by the district, or an authorized agency under contract with the district, at any time with- in the period of placement, where there is a violation of the conditions of release or a change of circumstances. (5) Juvenile delinquents conditionally released by a social services district may be provided for as follows: (i) If, in the opinion of the social services district, there is no suitable parent, relative or guardian to whom a juvenile delinquent can be conditionally released, and suitable care cannot otherwise be secured, the district may conditionally release such juvenile delinquent to the care of any other suitable person; provided that where such suit- able person has no legal relationship with the juvenile, the district shall advise such person of the procedures for obtaining custody or guardianship of the juvenile. (ii) If a conditionally released juvenile delinquent is subject to article sixty-five of the education law or elects to participate in an S. 1506 89 A. 2006 educational program leading to a high school diploma, he or she shall be enrolled in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If a condi- tionally released juvenile delinquent is not subject to article sixty- five of the education law, and does not elect to participate in an educational program leading to a high school diploma, steps shall be taken, to the extent possible, to facilitate his or her gainful employ- ment or enrollment in a vocational program following release. [(b)] (E) When a juvenile delinquent placed with the social services district is absent from placement without consent, such absence shall interrupt the calculation of time for his or her placement. Such inter- ruption shall continue until such juvenile delinquent returns to the facility or authorized agency in which he or she was placed. Provided, however, that any time spent by a juvenile delinquent in custody from the date of absence to the date placement resumes shall be credited against the time of such placement provided that such custody: (1) was due to an arrest or surrender based upon the absence; or (2) arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment. [(c)] (F) In addition to the other requirements of this section, no juvenile delinquent placed with a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of this chapter pursuant to a restrictive placement under the family court act shall be released except pursuant to section 353.5 of the family court act. 11. In the case of a child who is adjudicated [a person in need of supervision or] a juvenile delinquent and is placed by the family court with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and who is placed by [the division for youth] SUCH OFFICE with an authorized agency pursuant to court order, the social services official shall make expenditures in accordance with the regulations of the department for the care and maintenance of such child during the term of such placement subject to state reimbursement pursuant to SECTION ONE HUNDRED FIFTY- THREE-K OF this [title, or article nineteen-G of the executive law in applicable cases] ARTICLE. 12. A social services official shall be permitted to place persons adjudicated [in need of supervision or] delinquent[, and alleged persons to be in need of supervision] in detention pending transfer to a place- ment, in the same foster care facilities as are providing care to desti- tute, neglected, abused or abandoned children. Such foster care facili- ties shall not provide care to a youth in the care of a social services official as a convicted juvenile offender. § 18. Paragraph (a) of subdivision 1 of section 409-a of the social services law, as amended by chapter 87 of the laws of 1993, subparagraph (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) as amended by section 22 of part C of chapter 83 of the laws of 2002, is amended to read as follows: (a) A social services official shall provide preventive services to a child and his or her family, in accordance with the family's service plan as required by section four hundred nine-e of this [chapter] ARTI- CLE and the social services district's child welfare services plan submitted and approved pursuant to section four hundred nine-d of this [chapter] ARTICLE, upon a finding by such official that [(i)] the child will be placed, returned to or continued in foster care unless such services are provided and that it is reasonable to believe that by S. 1506 90 A. 2006 providing such services the child will be able to remain with or be returned to his or her family, and for a former foster care youth under the age of twenty-one who was previously placed in the care and custody or custody and guardianship of the local commissioner of social services or other officer, board or department authorized to receive children as public charges where it is reasonable to believe that by providing such services the former foster care youth will avoid a return to foster care [or (ii) the child is the subject of a petition under article seven of the family court act, or has been determined by the assessment service established pursuant to section two hundred forty-three-a of the execu- tive law, or by the probation service where no such assessment service has been designated, to be at risk of being the subject of such a peti- tion, and the social services official determines that the child is at risk of placement into foster care]. Such finding shall be entered in the child's uniform case record established and maintained pursuant to section four hundred nine-f of this [chapter] ARTICLE. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this [subparagraph] PARA- GRAPH. § 18-a. Subparagraph (ii) of paragraph (a) of subdivision 1 of section 409-a of the social services law, as amended by chapter 87 of the laws of 1993, is amended to read as follows: [(ii) the child is the subject of a petition under article seven of the family court act, or has been determined by the assessment service established pursuant to section two hundred forty-three-a of the execu- tive law, or by the probation service where no such assessment service has been designated, to be at risk of being the subject of such a peti- tion, and the social services official determines according to standards promulgated pursuant to section three hundred ninety-eight-b of this chapter that the child is at risk of placement into foster care.] Such finding shall be entered in the child's uniform case record established and maintained pursuant to section four hundred nine-f of this [chapter] ARTICLE. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to [clause (ii) of] this para- graph. § 19. Subdivision 3 of section 502 of the executive law, as amended by section 79 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: 3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three [or seven] of the family court act, or held pending a hearing for alleged violation of the condi- tions of release from an office of children and family services facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole as a juvenile offender, youthful offender or adolescent offender or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender, youthful offender or adolescent offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders, youthful offenders or adolescent offenders who have not attained their eighteenth or, commencing October first, two thousand eighteen, their twenty-first birthday shall be subject to detention in a detention facility. Commencing October first, two thou- S. 1506 91 A. 2006 sand eighteen, a youth who on or after such date committed an offense when the youth was sixteen years of age; or commencing October first, two thousand nineteen, a youth who committed an offense on or after such date when the youth was seventeen years of age held pursuant to a secur- ing order of a criminal court if the youth is charged as an adolescent offender or held pending a hearing for alleged violation of the condi- tion of parole as an adolescent offender, must be held in a specialized secure juvenile detention facility for older youth certified by the state office of children and family services in conjunction with the state commission of correction. § 20. Subdivision 1, the opening paragraph of subdivision 2 and subparagraph (i) of paragraph (a) of subdivision 3 of section 529-b of the executive law, as amended by section 99 of part WWW of chapter 59 of the laws of 2017, are amended to read as follows: 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents [or persons alleged or adjudicated to be in need of supervision], or youth alleged to be or convicted as juvenile offenders, youthful offenders or adolescent offenders from placement in detention or in residential care shall be subject to state reimbursement under the supervision and treat- ment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution under the supervision and treat- ment services for juveniles program. (b) The state funds appropriated for the supervision and treatment services for juveniles program shall be distributed to eligible munici- palities by the office of children and family services based on a plan developed by the office which may consider historical information regarding the number of youth seen at probation intake for an alleged act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY COURT ACT, the number of youth remanded to detention, the number of juvenile delinquents placed with the office, the number of juvenile delinquents [and persons in need of supervision] placed in residential care with the municipality, the municipality's reduction in the use of detention and residential placements, and other factors as determined by the office. Such plan developed by the office shall be subject to the approval of the director of the budget. The office is authorized, in its discretion, to make advance distributions to a muni- cipality in anticipation of state reimbursement. As used in this section, the term "municipality" shall mean a county, or a city having a population of one million or more, and "supervision and treatment services for juveniles" shall mean community-based services or programs designed to safely maintain youth in the community pending a family court disposition or conviction in criminal court and services or programs provided to youth adjudicated as juvenile delin- quents [or persons in need of supervision], or youth alleged to be juve- nile offenders, youthful offenders or adolescent offenders to prevent residential placement of such youth or a return to placement where such youth have been released to the community from residential placement OR PROGRAMS PROVIDED TO YOUTH ALLEGED TO BE ADJUDICATED PERSONS IN NEED OF SUPERVISION TO PREVENT SUCH YOUTH FROM FURTHER INVOLVEMENT IN THE JUVE- NILE OR CRIMINAL JUSTICE SYSTEMS. Supervision and treatment services for juveniles may include but are not limited to services or programs that: S. 1506 92 A. 2006 (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents [and persons in need of supervision] are remanded to detention or residentially placed; § 21. The opening paragraph and paragraph (a) of subdivision 2, subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 5, and subdivision 7 of section 530 of the executive law, the opening paragraph and paragraph (a) of subdivision 2 and subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as amended by section 100 of part WWW of chapter 59 of the laws of 2017 and subdivi- sion 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Expenditures made by municipalities in providing care, maintenance and supervision to youth in detention facilities designated pursuant to [sections seven hundred twenty and] section 305.2 of the family court act and certified by office of children and family services, shall be subject to reimbursement by the state, as follows: (a) Notwithstanding any provision of law to the contrary, eligible expenditures by a municipality during a particular program year for the care, maintenance and supervision [in foster care programs certified by the office of children and family services, certified or approved family boarding homes, and non-secure detention facilities certified by the office for those youth alleged to be persons in need of supervision or adjudicated persons in need of supervision held pending transfer to a facility upon placement; and] in secure and non-secure detention facili- ties certified by the office in accordance with section five hundred three of this article for those youth alleged to be juvenile delin- quents; adjudicated juvenile delinquents held pending transfer to a facility upon placement, and juvenile delinquents held at the request of the office of children and family services pending extension of place- ment hearings or release revocation hearings or while awaiting disposi- tion of such hearings; and youth alleged to be or convicted as juvenile offenders, youthful offenders and adolescent offenders AND PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, YOUTH ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PEND- ING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTI- FIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, CERTIFIED OR APPROVED FOSTER BOARDING HOMES AND NON-SECURE DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state reimbursement for up to fifty percent of the municipality's expenditures, exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution from funds that have been appropriated specifically therefor for that program year. Municipalities shall imple- ment the use of detention risk assessment instruments in a manner prescribed by the office so as to inform detention decisions. Notwith- standing any other provision of state law to the contrary, data neces- sary for completion of a detention risk assessment instrument may be shared among law enforcement, probation, courts, detention administra- tors, detention providers, and the attorney for the child upon retention or appointment; solely for the purpose of accurate completion of such risk assessment instrument, and a copy of the completed detention risk assessment instrument shall be made available to the applicable detention provider, the attorney for the child and the court. (1) temporary care, maintenance and supervision provided to alleged juvenile delinquents [and persons in need of supervision] in detention facilities certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act by the office of children and S. 1506 93 A. 2006 family services, pending adjudication of alleged delinquency [or alleged need of supervision] by the family court, or pending transfer to insti- tutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a criminal court if the person named therein as prin- cipal is under seventeen years of age; or (4) PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY temporary care, main- tenance and supervision provided youth detained in foster care facili- ties or certified or approved family boarding homes pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved and certified by the office of children and family services and certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act, in order to assure that adequate accommodations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursu- ant to paragraph (a) of this subdivision, shall be reimbursed as expend- itures for care, maintenance and supervision under the provisions of this section, provided the office shall have given its prior approval for reserving such accommodations. 7. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, at such times and in such form and manner and containing such information as required by the office of children and family services, an annual report on youth remanded pursuant to article three or seven of the fami- ly court act who are detained during each calendar year including, commencing January first, two thousand twelve, the risk level of each detained youth as assessed by a detention risk assessment instrument approved by the office of children and family services PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER- EAFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. The office may require that such data on detention use be submitted to the office electron- ically. Such report shall include, but not be limited to, the reason for the court's determination in accordance with section 320.5 or seven hundred thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. The office shall submit a compi- lation of all the separate reports to the governor and the legislature. § 22. Subdivision 8 of section 530 of the executive law is REPEALED. § 23. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 24. This act shall take effect January 1, 2020 and shall be deemed to be applicable to the detention or placement of youth pursuant to petitions filed pursuant to article seven of the family court act on or after such effective date; provided, however, that: S. 1506 94 A. 2006 (a) the amendments to subdivision 3-a of section 398 of the social services law made by section seventeen of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; and (b) the amendments to subparagraph (ii) of paragraph (a) of subdivi- sion 1 of section 409-a of the social services law made by section eigh- teen of this act shall be subject to the expiration and reversion of such subparagraph pursuant to section 28 of part C of chapter 83 of the laws of 2002, as amended, when upon such date the provisions of section eighteen-a of this act shall take effect. PART L Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$144.00] $148.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$166.00] $171.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$198.00] $204.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (d) for the period commencing January first, two thousand [nineteen] TWENTY, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [nineteen] TWENTY, but prior to June thirtieth, two thousand [nineteen] TWENTY, rounded to the nearest whole dollar. § 2. Paragraph (a), (b), (c), (d), (e) and (f) of subdivision 2 of section 209 of the social services law, as amended by section 2 of part YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living alone, [$837.00] $858.00; and for an eligible couple living alone, [$1,229.00] $1,261.00. (b) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living with others with or without in-kind income, [$773.00] $794.00; and for an eligible couple living with others with or without in-kind income, [$1,171.00] $1,203.00. (c) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving family care, [$1,016.48] $1,037.48 if he or she is receiving such care in the city of New York or the coun- ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individ- ual receiving such care in any other county in the state, [$978.48] $999.48; and (iv) for an eligible couple receiving such care in any S. 1506 95 A. 2006 other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving residential care, [$1,185.00] $1,206.00 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving residential care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$1,155.00] $1,176.00; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (e) (i) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual receiving enhanced residential care, [$1,444.00] $1,465.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (i) of this paragraph. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- mental security income benefits for individuals or couples which become effective on or after January first, two thousand [nineteen] TWENTY but prior to June thirtieth, two thousand [nineteen] TWENTY. § 3. This act shall take effect December 31, 2019. PART M Section 1. This Part enacts into law major components of legislation which are necessary to improve the foster care system. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act," when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. The social services law is amended by adding a new section 462-c to read as follows: § 462-C. APPOINTMENT OF A TEMPORARY OPERATOR OF A FOSTER CARE PROGRAM. 1. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HAVE THE AUTHORITY TO APPOINT A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION. 2. FOR THE PURPOSES OF THIS SECTION: (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OR HIS OR HER DESIGNEE. (B) "OFFICE" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES. (C) "FOSTER CARE AGENCY" SHALL MEAN AN AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER THAT OPERATES ONE OR MORE FOSTER CARE PROGRAMS. (D) "ESTABLISHED OPERATOR" SHALL MEAN A FOSTER CARE AGENCY. (E) "TEMPORARY OPERATOR" SHALL MEAN ANY FOSTER CARE AGENCY APPOINTED BY THE COMMISSIONER THAT: S. 1506 96 A. 2006 (I) AGREES TO PROVIDE FOSTER CARE ON A TEMPORARY BASIS IN THE BEST INTERESTS OF THE FOSTER CARE YOUTH SERVED BY THE ESTABLISHED OPERATOR; (II) HAS A HISTORY OF RECENT COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS AND A RECORD OF PROVIDING FOSTER CARE OF GOOD QUALITY, AS DETERMINED BY THE COMMISSIONER; AND (III) PRIOR TO APPOINTMENT AS TEMPORARY OPERATOR, DEVELOPS A PLAN DETERMINED TO BE SATISFACTORY BY THE COMMISSIONER TO ADDRESS THE ESTAB- LISHED OPERATOR'S DEFICIENCIES. (F) "LOCAL SOCIAL SERVICES DISTRICT" SHALL INCLUDE ANY LOCAL SOCIAL SERVICES DISTRICT WITH CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF A FOSTER CARE YOUTH PLACED WITH THE ESTABLISHED OPERATOR THAT MAY BE SUBJECT TO THE APPOINTMENT OF A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, AS WELL AS THE LOCAL SOCIAL SERVICES DISTRICT WHERE THE ESTAB- LISHED OPERATOR IS LOCATED. 3. (A) (I) A TEMPORARY OPERATOR MAY ONLY BE APPOINTED AFTER THE ESTAB- LISHED OPERATOR HAS BEEN PROVIDED NOTICE OF ALLEGED VIOLATIONS AND THE ABILITY TO CURE SUCH VIOLATIONS. (II) THE LOCAL SOCIAL SERVICES DISTRICT SHALL ALSO BE NOTIFIED OF THE ALLEGED VIOLATIONS PRIOR TO THE APPOINTMENT OF A TEMPORARY OPERATOR. (III) IF THE ESTABLISHED OPERATOR FAILS TO CURE SUCH VIOLATIONS IN A TIMELY MANNER, A TEMPORARY OPERATOR MAY BE APPOINTED: (A) WHERE THE ESTABLISHED OPERATOR IS UNABLE OR UNWILLING TO ENSURE THE PROPER OPERATION OF THE FOSTER CARE PROGRAM AND THERE EXIST CONDI- TIONS THAT HAVE THE POTENTIAL TO SERIOUSLY ENDANGER OR JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF FOSTER CARE YOUTH; OR (B) WHEN NECESSARY TO PROTECT THE HEALTH, SAFETY OR WELFARE OF YOUTH SERVED BY THE ESTABLISHED PROGRAM. (IV) IF THE COMMISSIONER DETERMINES TO APPOINT A TEMPORARY OPERATOR, THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT OF HIS OR HER INTENTION TO APPOINT A TEMPORARY OPERATOR TO ASSUME SOLE RESPONSIBILITY FOR THE ESTABLISHED OPERATOR'S OPERATIONS FOR A LIMITED PERIOD OF TIME. (V) THE APPOINTMENT OF A TEMPORARY OPERATOR SHALL BE EFFECTUATED PURSUANT TO THIS SECTION, AND SHALL BE IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW. (B) THE ESTABLISHED OPERATOR MAY AT ANY TIME REQUEST THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR. UPON RECEIVING SUCH A REQUEST, THE COMMISSIONER MAY, IF HE OR SHE DETERMINES THAT SUCH AN ACTION IS NECES- SARY, ENTER INTO AN AGREEMENT WITH THE ESTABLISHED OPERATOR FOR THE APPOINTMENT OF A TEMPORARY OPERATOR TO RESTORE OR MAINTAIN THE PROVISION OF SERVICES TO CHILDREN AND FAMILIES PROVIDED IN THE FOSTER CARE PROGRAM, UNTIL THE ESTABLISHED OPERATOR CAN RESUME OPERATIONS WITHIN THE DESIGNATED TIME PERIOD OR OTHER ACTION IS TAKEN TO SUSPEND, REVOKE, OR LIMIT THE AUTHORITY OF THE ESTABLISHED OPERATOR. 4. (A) A TEMPORARY OPERATOR APPOINTED PURSUANT TO THIS SECTION SHALL USE HIS OR HER BEST EFFORTS TO IMPLEMENT THE PLAN DEEMED SATISFACTORY BY THE COMMISSIONER TO CORRECT OR ELIMINATE ANY CONCERNS REGARDING HEALTH, SAFETY OR WELFARE OF THE ESTABLISHED OPERATOR, AND PROMOTE THE QUALITY AND ACCESSIBILITY OF SERVICES PROVIDED TO FOSTER CHILDREN AND THEIR FAMILIES IN THE APPLICABLE FOSTER CARE PROGRAM. (B) DURING THE TERM OF APPOINTMENT, THE TEMPORARY OPERATOR SHALL HAVE THE AUTHORITY TO DIRECT THE STAFF OF THE ESTABLISHED OPERATOR AS NECES- SARY TO APPROPRIATELY PROVIDE CARE FOR FOSTER CARE YOUTH IN ACCORDANCE WITH THE PLAN APPROVED BY THE COMMISSIONER. THE TEMPORARY OPERATOR SHALL, DURING THIS PERIOD, PROVIDE PROGRAMS AND SERVICES FOR FOSTER YOUTH IN SUCH A MANNER AS TO PROMOTE THE HEALTH, SAFETY, AND WELFARE OF S. 1506 97 A. 2006 THE YOUTH BY THE ESTABLISHED OPERATOR UNTIL EITHER THE ESTABLISHED OPER- ATOR CAN RESUME OPERATIONS OR UNTIL THE OFFICE REVOKES THE AUTHORITY OF THE ESTABLISHED OPERATOR TO OPERATE A FOSTER CARE PROGRAM. (C) THE ESTABLISHED OPERATOR SHALL GRANT THE TEMPORARY OPERATOR ACCESS TO THE ESTABLISHED OPERATOR'S ACCOUNTS AND RECORDS IN ORDER TO ADDRESS ANY SERIOUS HEALTH, SAFETY OR WELFARE DEFICIENCIES. THE TEMPORARY OPERA- TOR SHALL APPROVE ANY DECISION RELATED TO AN ESTABLISHED PROVIDER'S DAY TO DAY OPERATIONS OR THE ESTABLISHED PROVIDER'S ABILITY TO PROVIDE PROGRAMS AND SERVICES FOR FOSTER YOUTH. (D) THE TEMPORARY OPERATOR SHALL NOT BE REQUIRED TO FILE ANY BOND. NO SECURITY INTEREST IN ANY REAL OR PERSONAL PROPERTY COMPRISING THE ESTAB- LISHED OPERATOR, CONTAINED WITHIN THE ESTABLISHED OPERATOR, OR IN ANY FIXTURE OF THE BUILDING OR BUILDINGS OWNED BY THE ESTABLISHED OPERATOR, SHALL BE IMPAIRED OR DIMINISHED IN PRIORITY BY THE TEMPORARY OPERATOR. NEITHER THE TEMPORARY OPERATOR NOR THE OFFICE SHALL ENGAGE IN ANY ACTIV- ITY THAT CONSTITUTES A CONFISCATION OF PROPERTY. 5. COSTS ASSOCIATED WITH THE TEMPORARY OPERATOR, INCLUDING COMPEN- SATION, SHALL BE BORNE BY THE ESTABLISHED OPERATOR AND FOLLOW THE FINANCING STRUCTURE ESTABLISHED IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-THREE-K OF THIS CHAPTER AS MODIFIED BY THE CURRENT AID TO LOCALI- TIES PROVISIONS FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN THE DEPARTMENT OF FAMILY ASSISTANCE. THE TEMPORARY OPERATOR SHALL BE LIABLE IN ITS CAPACITY AS TEMPORARY OPERATOR FOR INJURY TO PERSONS AND PROPERTY BY REASON OF ITS OPERATION OF SUCH BUILDING; NO LIABILITY SHALL INCUR IN THE TEMPORARY OPERATOR'S PERSONAL CAPACITY, EXCEPT FOR GROSS NEGLIGENCE AND INTENTIONAL ACTS. 6. (A) THE INITIAL TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR SHALL NOT EXCEED NINETY DAYS. AFTER NINETY DAYS, IF THE COMMISSIONER DETERMINES THAT TERMINATION OF THE TEMPORARY OPERATOR WOULD CAUSE SIGNIFICANT DETERIORATION OF THE QUALITY OF THE FOSTER CARE PROGRAM RUN BY THE ESTABLISHED OPERATOR OR THAT REAPPOINTMENT IS NECESSARY TO CORRECT THE DEFICIENCIES THAT REQUIRED THE APPOINTMENT OF THE TEMPORARY OPERATOR, THE COMMISSIONER MAY AUTHORIZE ADDITIONAL NINETY DAY TERMS. (B) WITHIN FOURTEEN DAYS PRIOR TO THE TERMINATION OF EACH TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR, THE TEMPORARY OPERATOR SHALL SUBMIT TO THE COMMISSIONER, TO THE LOCAL SOCIAL SERVICES DISTRICT, AND TO THE ESTABLISHED OPERATOR A REPORT DESCRIBING: (I) THE ACTIONS TAKEN DURING THE APPOINTMENT TO ADDRESS THE IDENTIFIED DEFICIENCIES, THE RESUMPTION OF OPERATIONS BY THE ESTABLISHED OPERATOR, OR THE REVOCATION OF AUTHORITY TO OPERATE A FOSTER CARE PROGRAM; (II) OBJECTIVES FOR THE CONTINUATION OF THE TEMPORARY OPERATORSHIP IF NECESSARY AND A SCHEDULE FOR SATISFACTION OF SUCH OBJECTIVES; AND (III) IF APPLICABLE, THE RECOMMENDED ACTIONS FOR THE ONGOING PROVISION OF FOSTER CARE AFTER THE TEMPORARY OPERATORSHIP IS COMPLETE. (C) THE TERM OF THE INITIAL APPOINTMENT AND OF ANY SUBSEQUENT REAP- POINTMENT OF A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION MAY BE TERMINATED PRIOR TO THE EXPIRATION OF THE DESIGNATED TERM, IF THE ESTAB- LISHED OPERATOR AND THE COMMISSIONER AGREE ON A PLAN OF CORRECTION AND THE IMPLEMENTATION OF SUCH PLAN. 7. (A) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTENTION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, CAUSE THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT TO BE NOTIFIED OF THE INTENTION BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE PRINCIPAL OFFICE OF THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT. SUCH NOTIFICATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE FINDINGS UNDERLYING THE INTENTION TO APPOINT S. 1506 98 A. 2006 A TEMPORARY OPERATOR, AND THE DATE AND TIME OF A REQUIRED MEETING WITH THE COMMISSIONER WITHIN TEN BUSINESS DAYS OF THE RECEIPT OF SUCH NOTICE. AT SUCH MEETING, THE ESTABLISHED OPERATOR, AND THE COMMISSIONER SHALL HAVE THE OPPORTUNITY TO REVIEW AND DISCUSS ALL RELEVANT FINDINGS. AT SUCH MEETING, THE COMMISSIONER AND THE ESTABLISHED OPERATOR SHALL ATTEMPT TO DEVELOP A MUTUALLY SATISFACTORY PLAN OF CORRECTION AND SCHED- ULE FOR IMPLEMENTATION. IF A MUTUALLY SATISFACTORY PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION IS DEVELOPED, THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED OPERATOR THAT THE COMMISSIONER WILL ABSTAIN FROM APPOINTING A TEMPORARY OPERATOR CONTINGENT UPON THE ESTABLISHED OPERATOR REMEDIATING THE IDENTIFIED DEFICIENCIES WITHIN THE AGREED UPON TIME- FRAME. (B) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTEN- TION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, CAUSE THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY TO RECEIVE APPROPRIATE AND TIMELY NOTIFICATION OF THE INTENTION TO APPOINT A TEMPORARY OPERATOR. SUCH NOTIFICATION SHALL INCLUDE A DESCRIPTION OF THE FINDINGS UNDERLYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR, THE IDENTIFICATION OF THE TEMPORARY OPERATOR WHEN PRACTICABLE, AND THE DATE OF EXPECTED TRANSFER OF OPERATIONS. SUCH NOTICE SHALL BE MADE AS SOON AS PRACTICABLE UNDER THE CIRCUMSTANCES. (C) THE COMMISSIONER, AT ANY TIME HE OR SHE DEEMS NECESSARY, AND TO THE EXTENT PRACTICABLE, SHALL CONSULT AND MAY INVOLVE THE LOCAL SOCIAL SERVICES DISTRICT. (D) SHOULD THE COMMISSIONER AND THE ESTABLISHED OPERATOR BE UNABLE TO ESTABLISH A PLAN OF CORRECTION PURSUANT TO THIS SUBDIVISION, OR SHOULD THE ESTABLISHED OPERATOR FAIL TO RESPOND TO THE COMMISSIONER'S INITIAL NOTIFICATION, THERE SHALL BE AN ADMINISTRATIVE HEARING ON THE COMMIS- SIONER'S DETERMINATION TO APPOINT A TEMPORARY OPERATOR TO BEGIN NO LATER THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO THE ESTABLISHED OPERA- TOR. ANY SUCH HEARING SHALL BE STRICTLY LIMITED TO THE ISSUE OF WHETHER THE DETERMINATION OF THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR IS SUPPORTED BY SUBSTANTIAL EVIDENCE. A COPY OF THE DECISION SHALL BE SENT TO THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT. (E) IF THE DECISION TO APPOINT A TEMPORARY OPERATOR IS UPHELD SUCH TEMPORARY OPERATOR SHALL BE APPOINTED AS SOON AS IS PRACTICABLE AND SHALL PROVIDE APPROPRIATE CARE AND SERVICES FOR THE FOSTER CARE YOUTH AS WELL AS TAKE ANY NECESSARY ACTIONS PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. 8. NOTWITHSTANDING THE APPOINTMENT OF A TEMPORARY OPERATOR, THE ESTAB- LISHED OPERATOR SHALL REMAIN OBLIGATED FOR THE CONTINUED PROVISION OF CARE AND SERVICES FOR THE FOSTER CARE YOUTH. NO PROVISION CONTAINED IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE ESTABLISHED OPERATOR OR ANY OTHER PERSON OF ANY CIVIL OR CRIMINAL LIABILITY INCURRED, OR ANY DUTY IMPOSED BY LAW, BY REASON OF ACTS OR OMISSIONS OF THE ESTABLISHED OPERA- TOR OR ANY OTHER PERSON PRIOR TO THE APPOINTMENT OF ANY TEMPORARY OPERA- TOR OF THE BUILDING HEREUNDER; NOR SHALL ANYTHING CONTAINED IN THIS SECTION BE CONSTRUED TO SUSPEND DURING THE TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR OF THE BUILDING ANY OBLIGATION OF THE ESTAB- LISHED OPERATOR OR ANY OTHER PERSON FOR THE MAINTENANCE AND REPAIR OF THE BUILDING, PROVISION OF UTILITY SERVICES, PAYMENT OF TAXES OR OTHER OPERATING AND MAINTENANCE EXPENSES OF THE BUILDING, NOR OF THE ESTAB- LISHED OPERATOR OR ANY OTHER PERSON FOR THE PAYMENT OF MORTGAGES OR LIENS. § 2. This act shall take effect immediately. S. 1506 99 A. 2006 SUBPART B Section 1. Section 4 of part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, is amended to read as follows: § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016, provided further that this act shall expire and be deemed repealed March 31, [2019] 2022. § 2. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or subpart thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately; provided, however, that the applicable effective date of Subparts A through B of this act shall be as specifically set forth in the last section of such Subparts. PART N Section 1. Paragraph (n) of subdivision 1 of section 336 of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, is amended and a new paragraph (o) is added to read as follows: (n) educational activities pursuant to section three hundred thirty- six-a of this title[.]; (O) TIME-LIMITED JOB TRY-OUTS AS WORK EXPERIENCE ASSIGNMENTS WITH PRIVATE FOR-PROFIT, NON-PROFIT AND PUBLIC SECTOR ENTITIES THAT LEAD TO UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOYMENT. § 2. Subparagraph (iii) of paragraph (e) of subdivision 1 of section 335-b of the social services law, as amended by section 2 of part J of chapter 58 of the laws of 2006, is amended to read as follows: (iii) In the case of a two-parent family receiving federally funded child care assistance and a parent in the family is not disabled or caring for a severely disabled child, the individual and the other parent in the family are participating in work activities for a total of at least fifty-five hours per week during the month, not fewer than fifty hours of which are attributable to activities described in para- graphs (a) through (h) [and], (l) AND (O) of subdivision one of section three hundred thirty-six of this title. § 3. Subdivision 2 of section 335-b of the social services law, as amended by chapter 380 of the laws of 2004, is amended to read as follows: 2. Engaged in work for a month shall mean participating in work activ- ities identified in subdivision one of section three hundred thirty-six of this title for the required number of hours specified in this section provided, however, that at least twenty hours of such participation, or thirty hours for two-parent families, or fifty hours for two-parent families receiving federally funded child care as set forth in subpara- graph (iii) of paragraph (d) of subdivision one of this section, shall S. 1506 100 A. 2006 be attributable to the activities described in paragraphs (a) through (h) [and], (l) AND (O) of subdivision one of section three hundred thir- ty-six of this title, or for households without dependent children at least twenty hours of participation shall be attributable to the activ- ities set forth in paragraphs (a) through (h) [and], (l) AND (O) of subdivision one of section three hundred thirty-six of this title, and further provided that participation in job search and job readiness assistance as identified in paragraph (f) of subdivision one of section three hundred thirty-six of this title shall only be determined as engaged in work for a maximum period of six weeks, only four of which may be consecutive as otherwise limited by federal law; and that indi- viduals in all families and in two parent families may be engaged in work for a month by reason of participation in vocational training to the extent allowed by federal law. Any non-graduate student participat- ing or approved by CUNY, SUNY or another degree granting institution, or any other state or local district approved education, training or voca- tional rehabilitation agency to participate in work-study, or in intern- ships, externships, or other work placements that are part of the curriculum of that student, shall not be unreasonably denied the ability to participate in such programs and each hour of participation shall count toward satisfaction of such student's work activity requirements of this title provided that the district may consider, among other factors, (a) whether the student has voluntarily terminated his or her employment or voluntarily reduced his or her earnings to qualify for public assistance pursuant to subdivision ten of section one hundred thirty-one of this article; (b) whether a comparable job or on the job training position can reasonably be expected to exist in the private, public or not-for-profit sector; (c) that the student has a cumulative C average or its equivalent, which may be waived by the district for undue hardship based on (1) the death of a relative of the student, (2) the personal injury or illness of the student, or (3) other extenuating circumstances; and (d) whether the institution cooperates in monitoring students attendance and performance and reports to the local social services department monthly on each student. Failure of the institution to monitor and report monthly to local social services districts on attendance and performance of the student's work study, internship, externship or other work placement shall be cause for the department to reasonably deny the student's ability to participate in such programs. Students shall be subject to sanctions equivalent to those associated with failure to adequately satisfy their other required work activities. In assigning a non-graduate student participating in work-study, intern- ships, externships or other work placements, pursuant to this section, to other work activities the district shall make reasonable effort to assign the student to hours that do not conflict with the student's academic schedule. § 4. Subdivision 1 of section 336-c of the social services law is amended by adding a new paragraph (c) to read as follows: (C) A SOCIAL SERVICES DISTRICT MAY ALSO ESTABLISH TIME-LIMITED, JOB TRY-OUT OPPORTUNITIES WITH PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITIES LEADING TO UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOY- MENT. § 5. Subdivision 2 of section 336-c of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 2. A recipient may be assigned to participate in [such] A work experi- ence program only if: S. 1506 101 A. 2006 (a) appropriate federal and state standards of health, safety and other work conditions are maintained; (b) The MAXIMUM number of hours a participant in work experience activities authorized pursuant to this section shall be required to work in such assignment shall not exceed [a number] FORTY HOURS IN ANY WEEK AND SHALL NOT EXCEED THE NUMBER OF HOURS which equals the amount of assistance payable with respect to such [individual] INDIVIDUAL'S PUBLIC ASSISTANCE HOUSEHOLD (inclusive of the value of [food stamps] SUPPLE- MENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS received by such [individ- ual] HOUSEHOLD, if any) divided by the [higher] HIGHEST of [(a)] (I) the federal minimum wage [provided that such hours shall be limited as set forth in subdivision four of section three hundred thirty-six of this title,]; or [(b)] (II) the APPLICABLE state minimum wage; OR (III) FOR THOSE PLACEMENTS WITH A FOR-PROFIT ENTITY, THE WAGE NORMALLY PROVIDED FOR TRAINEES IN SUCH POSITIONS; (c) such recipients are provided appropriate workers' compensation or equivalent protection for on-the-job injuries and tort claims protection on the same basis, but not necessarily at the same benefit level, as they are provided to other persons in the same or similar positions, while participating in work experience activities under this section; (d) the project to which the participant is assigned [serves] PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION MUST SERVE a useful public purpose in fields such as health, social services, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, operation of public facilities, public safety, and child day care; (e) such assignment would not result in (i) the displacement of any currently employed worker or loss of position (including partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits) or result in the impairment of existing contracts for services or collective bargaining agreements; (ii) THE LOSS OF EXCLUSIVITY, IF ANY, TO ANY EMPLOYEE ORGANIZATION WITH REGARD TO THE WORK PERFORMED BY ANY EMPLOYEES AS PART OF A NEGOTIATING UNIT PURSU- ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW; (III) the employment or assignment of a participant or the filling of a position when any other person is on layoff from the same or any equivalent position CONSISTENT WITH ARTICLE FIVE OF THE CIVIL SERVICE LAW or the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created with a participant assigned pursuant to this section; [(iii)] (IV) any infringement of the promotional opportunities of any current employed person WHEN A PARTICIPANT IS ASSIGNED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION; [or (iv)] (V) the performance, by such participant, of a substantial portion of the work ordinarily and actual- ly performed by regular employees; or [(v)] (VI) the loss of a bargain- ing unit position as a result of work experience participants perform- ing, in part or in whole, the work normally performed by the employee in such position; (f) such assignment is not at any work site at which the regular employees are on a legal strike against the employer or are being subjected to lock out by the employer. § 6. Section 336-c of the social services law is amended by adding a new subdivision 2-a to read as follows: 2-A. JOB TRY-OUT PROGRAMS IN PRIVATE FOR-PROFIT, NON-PROFIT, AND PUBLIC SECTOR ENTITIES LEADING TO UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOYMENT. (A) SOCIAL SERVICES DISTRICTS MAY ENTER AGREEMENTS WITH S. 1506 102 A. 2006 PRIVATE FOR-PROFIT, NON-PROFIT, OR PUBLIC SECTOR ENTITIES TO ESTABLISH JOB TRY-OUT PROGRAMS WHICH WILL PROVIDE PUBLIC ASSISTANCE RECIPIENTS THE TRAINING OPPORTUNITIES TO LEARN THE SKILLS NECESSARY TO PERFORM THE JOB DUTIES FOR AN ANTICIPATED JOB OPENING. ANY SUCH AGREEMENTS BETWEEN SOCIAL SERVICES DISTRICTS AND PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITIES SHALL PROVIDE THAT PARTICIPANTS WILL BE OFFERED FULL- TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT FOLLOWING THE END OF A NINE- TY-DAY JOB TRY-OUT PERIOD ABSENT DEMONSTRATED REASONABLE CAUSE FOR NOT HIRING THE PARTICIPANTS. AN ENTITY WHICH UNREASONABLY TERMINATES THE NINETY-DAY JOB TRY-OUT PERIOD OR FAILS TO OFFER FULL-TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT TO A PARTICIPANT WHO SUCCESSFULLY COMPLETES THE NINETY-DAY JOB TRY-OUT SHALL BECOME INELIGIBLE TO PARTICIPATE IN THE JOB TRY-OUT PROGRAM, AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVISION. (B) A PUBLIC ASSISTANCE RECIPIENT MAY BE ASSIGNED TO PARTICIPATE IN A JOB TRY-OUT PURSUANT TO THIS SUBDIVISION ONLY IF: (I) THE PRIVATE FOR-PROFIT, NON-PROFIT, OR PUBLIC SECTOR ENTITY HAS ENTERED INTO AN AGREEMENT WITH A SOCIAL SERVICES DISTRICT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; (II) THERE IS NO CONFLICT WITH LAWS AND REGULATIONS REGARDING COLLEC- TIVE BARGAINING IN THE PRIVATE FOR-PROFIT, NON-PROFIT, AND PUBLIC SECTORS; (III) NOTWITHSTANDING ANY OTHER SECTION OF LAW, THE JOB TRY-OUT POSI- TION TO WHICH THE PARTICIPANT IS ASSIGNED SHALL BE UNPAID AND SHALL NOT BE CONSIDERED EMPLOYMENT; HOWEVER, THE FOLLOWING PROVISIONS SHALL BE EXCEPTED AND SHALL APPLY TO JOB TRY-OUT PLACEMENTS: (A) THE HUMAN RIGHTS LAW AS SET FORTH IN ARTICLE FIFTEEN OF THE EXECU- TIVE LAW; (B) LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES AS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW; (C) ONE DAY OF REST IN SEVEN AS SET FORTH IN SECTION ONE HUNDRED SIXTY-ONE OF THE LABOR LAW; (D) TIME ALLOWED FOR MEALS AS SET FORTH IN SECTION ONE HUNDRED SIXTY- TWO OF THE LABOR LAW; (E) PROHIBITED DISCRIMINATION AGAINST ENGAGEMENT IN CERTAIN ACTIVITIES AS SET FORTH IN SECTION TWO HUNDRED ONE-D OF THE LABOR LAW; AND (F) PROHIBITED RETALIATION AS SET FORTH IN SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW; (IV) THE HOUSEHOLD OF WHICH THE PARTICIPANT IS A MEMBER WILL CONTINUE TO RECEIVE ANY PUBLIC ASSISTANCE, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, OR OTHER BENEFITS THAT SUCH HOUSEHOLD IS OTHERWISE ELIGIBLE FOR THROUGHOUT THE JOB TRY-OUT ASSIGNMENT; (V) THE JOB TRY-OUT PROGRAM TO WHICH THE PARTICIPANT IS ASSIGNED SHALL BE LIMITED TO NINETY DAYS. THE ASSIGNMENT MAY NOT BE EXTENDED BEYOND THE NINETY DAYS, EVEN IF AGREED TO BY THE PARTICIPANT AND THE PRIVATE FOR- PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; (VI) PRIOR TO THE JOB TRY-OUT ASSIGNMENT, THE PARTICIPANT WILL RECEIVE FROM THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY A WRIT- TEN EXPLANATION OF HIS OR HER TRAINING EXPECTATIONS ALONG WITH A DESCRIPTION OF THE SUPERVISION AND SKILLS TO BE LEARNED; (VII) THE PRIVATE SECTOR FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTI- TY IS REQUIRED TO PROVIDE TO THE SOCIAL SERVICES DISTRICT, AT NO LESS THAN THIRTY-DAY INTERVALS, INFORMATION REGARDING THE PARTICIPANT'S ATTENDANCE AND PERFORMANCE AS PART OF A JOB TRY-OUT ASSIGNMENT; (C) NON-COMPLIANCE. IF A SOCIAL SERVICES DISTRICT DETERMINES THAT A PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY WITHOUT REASON- S. 1506 103 A. 2006 ABLE CAUSE, HAS NOT RETAINED THE PARTICIPANT FOR THE FULL NINETY DAY JOB TRY-OUT PERIOD OR HAS NOT OFFERED FULL-TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT TO THE PARTICIPANT ON OR BEFORE THE END OF THE NINETY DAY JOB TRY-OUT PERIOD PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION, THE SOCIAL SERVICES DISTRICT SHALL TAKE THE FOLLOWING ACTIONS: (I) A FIRST VIOLATION SHALL RESULT IN A ONE-MONTH BAN ON NEW ASSIGN- MENTS WITH THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; (II) A SECOND VIOLATION, WITHIN ONE YEAR OF THE FIRST VIOLATION, SHALL RESULT IN A THREE-MONTH BAN ON NEW ASSIGNMENTS WITH THE PRIVATE FOR-PRO- FIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; AND (III) A THIRD VIOLATION, AND ANY FURTHER VIOLATIONS, WITHIN TWO YEARS OF THE FIRST VIOLATION, SHALL RESULT IN A ONE-YEAR BAN ON NEW ASSIGNMENT PLACEMENTS WITH THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY. § 7. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner of the office of temporary and disability assistance may promulgate any rules or regu- lations necessary to implement this act on or before its effective date. PART O Section 1. Subdivision 1 of section 198-a of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows: 1. Every employer who does not pay the wages of all of his OR HER employees in accordance with the provisions of this chapter, and the officers and agents of any corporation, partnership, or limited liabil- ity company who knowingly permit the corporation, partnership, or limit- ed liability company to violate this chapter by failing to pay the wages of any of its employees in accordance with the provisions thereof, shall be guilty [of a misdemeanor for the first offense and upon conviction therefor shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year, and, in the event that any second or subsequent offense occurs within six years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and upon conviction therefor, shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year plus one day, or punished by both such fine and imprisonment, for each such offense. An indictment of a person or corporation operating a steam surface railroad for an offense specified in this section may be found and tried in any county within the state in which such railroad ran at the time of such offense] , EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE PENAL LAW, OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE LESS THAN ONE THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN ONE THOUSAND DOLLARS OR GREATER THAN TWENTY-FIVE THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF A CLASS D FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS OR ONE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; AND A CLASS C FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY THOUSAND DOLLARS OR GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE. FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE AMOUNT OF THE UNDERPAYMENT AND TOGETHER WITH SUCH AMOUNTS PROVIDED FOR BY SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER. § 2. Section 213 of the labor law, as amended by chapter 729 of the laws of 1980, is amended to read as follows: S. 1506 104 A. 2006 § 213. Violations of provisions of labor law; the rules, regulations or orders of the industrial commissioner and the industrial board of appeals. Any person who violates or does not comply with any provision of the labor law, any rule, regulation or lawful order of the industrial commissioner or the industrial board of appeals, and the officers and agents of any corporation who knowingly permit the corporation to violate such provisions, are guilty of a CLASS A misdemeanor and upon conviction shall be punished IN ACCORDANCE WITH THE PENAL LAW, [except as in this chapter or in the penal law otherwise provided, for a first offense by a fine of not more than one hundred dollars, provided, howev- er, that if the first offense is a violation of a rule or provision for the protection of the safety or health of employees or persons lawfully frequenting a place to which this chapter applies, the punishment shall be a fine of not more than one hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment;] AND, for a second [offense by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a subsequent offense by a fine of not less than three hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment] OR SUBSEQUENT OFFENSE COMMITTED WITHIN SIX YEARS OF THE DATE OF CONVICTION OF A PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY AND UPON CONVICTION SHALL BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW. This section shall not apply to any person covered by section twenty-seven-a of this chap- ter. § 3. This act shall take effect immediately. PART P Section 1. Section 522 of the labor law, as amended by chapter 720 of the laws of 1953, is amended to read as follows: § 522. Total unemployment. "Total unemployment" OR "TOTALLY UNEM- PLOYED" means the [total] lack of any employment [on] IN any [day] WEEK. The term "employment" as used in this section means any employment including that not defined in this title. § 2. Section 523 of the labor law, as amended by chapter 675 of the laws of 1977, is amended to read as follows: § 523. [Effective day. "Effective day" means a full day of total unem- ployment provided such day falls within a week in which a claimant had four or more days of total unemployment and provided further that only those days of total unemployment in excess of three days within such week are deemed "effective days". No effective day is deemed to occur in a week in which the claimant has days of employment for which he is paid compensation exceeding the highest benefit rate which is applicable to any claimant in such week. A claimant who is employed on a shift continuing through midnight is deemed to have been employed on the day beginning before midnight with respect to such shift, except where night shift employees are regularly scheduled to start their work week at seven post meridiem or thereafter on Sunday night, their regularly sche- duled starting time on Sunday shall be considered as starting on Monday.] PARTIAL UNEMPLOYMENT. "PARTIAL UNEMPLOYMENT" OR "PARTIALLY UNEMPLOYED" MEANS ANY WEEK IF THE TOTAL REMUNERATION OF ANY NATURE PAYA- BLE FOR SERVICES OF ANY KIND DURING SUCH WEEK AMOUNTS TO LESS THAN ONE AND ONE-HALF TIMES THE CLAIMANT'S BENEFIT RATE FOR TOTAL UNEMPLOYMENT ROUNDED TO THE LOWEST NEXT DOLLAR. FOR PURPOSES OF THIS SECTION, REMUN- ERATION SHALL ALSO INCLUDE ANY HOLIDAY OR VACATION PAY PAYABLE WITH S. 1506 105 A. 2006 RESPECT TO ANY SUCH WEEK, WHETHER OR NOT ANY SERVICE WAS PERFORMED DURING SUCH WEEK OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH HOLIDAY OR VACATION PAY. FOR PURPOSES OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER EARNINGS DERIVED FROM SELF-EMPLOYMENT, BUT ONLY TO THE EXTENT SUCH EARNINGS ARE ACTUALLY RECEIVED OR PAYABLE WITH RESPECT TO A GIVEN WEEK OF PARTIAL UNEMPLOYMENT. § 3. Section 524 of the labor law, as added by chapter 5 of the laws of 2000, is amended to read as follows: § 524. Week of employment. For purposes of this article, "week of employment" shall mean a Monday through Sunday period during which a claimant was paid remuneration for employment for an employer or employ- ers liable for contributions or for payments in lieu of contributions under this article. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START- ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY. § 4. Subdivision 4 of section 527 of the labor law, as amended by chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the laws of 1984, is amended to read as follows: 4. General condition. A valid original claim may be filed only in a week in which the claimant [has at least one effective day of unemploy- ment] IS TOTALLY UNEMPLOYED OR PARTIALLY UNEMPLOYED AS DEFINED IN THIS ARTICLE. § 5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph (e) of subdivision 1 of section 581 of the labor law, as amended by chapter 282 of the laws of 2002, are amended to read as follows: (i) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision ten of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid shall be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision ten of section five hundred ninety of this article. (ii) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision eleven of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid will S. 1506 106 A. 2006 be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision eleven of section five hundred ninety of this article. However, in those instances where a claimant was not afforded an oppor- tunity to perform services for the educational institution for the next academic year or term after reasonable assurance was provided, such employer shall be liable for benefit charges as provided for in this paragraph for any retroactive payments made to the claimant. (iii) In those instances where the federal government is the claim- ant's last employer prior to the filing of the claim for benefits and such employer is not a base-period employer, payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the federal government is the claimant's last employer prior to the filing of the claim for benefits and a base-period employer, such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those chargeable to the federal government as prescribed above shall be made to the general account. (iv) In those instances where a combined wage claim is filed pursuant to interstate reciprocal agreements and the claimant's last employer prior to the filing of the claim is an out-of-state employer and such employer is not a base-period employer, benefit payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the out-of-state employer is the last employer prior to the filing of the claim for benefits and a base-period employer such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE- FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge- able to the out-of-state employer as prescribed above shall be made to the general account. § 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi- sions 6 and 7 of section 590 of the labor law, subdivisions 1 and 3 as amended by chapter 645 of the laws of 1951, subdivision 4 as amended by chapter 457 of the laws of 1987, paragraph (a) of subdivision 5 as amended by section 8 of part O of chapter 57 of the laws of 2013, subdi- vision 6 as added by chapter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws of 1977, and subdivision 7 as amended by chapter 415 of the laws of 1983, are amended and two new paragraphs (c) and (d) are added to subdivision 5 to read as follows: 1. Entitlement to benefits. A claimant shall be entitled to [accumu- late effective days for the purpose of benefit rights] THE PAYMENT OF BENEFITS only if he OR SHE has complied with the provisions of this S. 1506 107 A. 2006 article regarding the filing of his OR HER claim, including the filing of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY unemployed, reported his OR HER subsequent employment and unemployment, and reported for work or otherwise given notice of the continuance of his OR HER unemployment. 3. Compensable periods. Benefits shall be paid for each [accumulation of effective days within a] week OF PARTIAL UNEMPLOYMENT OR TOTAL UNEM- PLOYMENT. 4. Duration. Benefits shall not be paid for more than [one hundred and four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S WEEKLY BENEFIT RATE in any benefit year, except as provided in section six hundred one and subdivision two of section five hundred ninety-nine of this [chapter] TITLE. (a) A claimant's weekly benefit amount shall be one twenty-sixth of the remuneration paid during the highest calendar quarter of the base period by employers, liable for contributions or payments in lieu of contributions under this article, provided the claimant has remuneration paid in all four calendar quarters during his or her base period or alternate base period. However, for any claimant who has remuneration paid in all four calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contrib- utions under this article. A claimant's weekly benefit shall be one twenty-sixth of the average remuneration paid in the two highest quar- ters paid during the base period or alternate base period by employers liable for contributions or payments in lieu of contributions under this article when the claimant has remuneration paid in two or three calendar quarters provided however, that a claimant whose high calendar quarter is four thousand dollars or less but greater than three thousand five hundred seventy-five dollars shall have a weekly benefit amount of one twenty-sixth of such high calendar quarter. However, for any claimant who has remuneration paid in two or three calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quar- ter of the base period by employers liable for contributions or payments in lieu of contributions under this article. Any claimant whose high calendar quarter remuneration during the base period is more than three thousand five hundred seventy-five dollars shall not have a weekly bene- fit amount less than one hundred forty-three dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be lowered to the next multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly benefit amount shall not exceed three hundred sixty-five dollars nor be less than forty dollars, until the first Monday of September, two thousand, at which time the maximum benefit payable pursuant to this subdivision shall equal one-half of the state average weekly wage for covered employment as calculated by the department no sooner than July first, two thousand and no later than August first, two thousand, rounded down to the lowest dollar. On and after the first Monday of October, two thousand fourteen, the weekly benefit shall not be less than one hundred dollars, nor shall it exceed four hundred twenty dollars until the first Monday of October, S. 1506 108 A. 2006 two thousand fifteen when the maximum benefit amount shall be four hundred twenty-five dollars, until the first Monday of October, two thousand sixteen when the maximum benefit amount shall be four hundred thirty dollars, until the first Monday of October, two thousand seven- teen when the maximum benefit amount shall be four hundred thirty-five dollars, until the first Monday of October, two thousand eighteen when the maximum benefit amount shall be four hundred fifty dollars, until the first Monday of October, two thousand nineteen when the maximum benefit amount shall be thirty-six percent of the average weekly wage until the first Monday of October, two thousand twenty when the maximum benefit amount shall be thirty-eight percent of the average weekly wage, until the first Monday of October two thousand twenty-one when the maxi- mum benefit amount shall be forty percent of the average weekly wage, until the first Monday of October, two thousand twenty-two when the maximum benefit amount shall be forty-two percent of the average weekly wage, until the first Monday of October, two thousand twenty-three when the maximum benefit amount shall be forty-four percent of the average weekly wage, until the first Monday of October, two thousand twenty-four when the maximum benefit amount shall be forty-six percent of the aver- age weekly wage, until the first Monday of October, two thousand twen- ty-five when the maximum benefit amount shall be forty-eight percent of the average weekly wage, until the first Monday of October, two thousand twenty-six and each year thereafter on the first Monday of October when the maximum benefit amount shall be fifty percent of the average weekly wage provided, however, that in no event shall the maximum benefit amount be reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT. (C) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED THROUGHOUT A WEEK SHALL BE PAID WITH RESPECT TO SUCH WEEK AN AMOUNT EQUAL TO THE CLAIMANT'S BENEFIT RATE FOR TOTAL UNEMPLOYMENT REDUCED BY AN AMOUNT EQUAL TO TWO- THIRDS, ROUNDED TO THE NEXT LOWER WHOLE DOLLAR, OF THE TOTAL REMUNERA- TION, ROUNDED TO THE LOWER WHOLE DOLLAR, OF ANY NATURE PAYABLE TO THE CLAIMANT FOR SERVICES OF ANY KIND DURING SUCH WEEK. (D) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WHOSE EMPLOYMENT IS LIMITED TO ONE OR TWO DAYS DURING ANY WEEK OF UNEMPLOYMENT AND WHOSE PAID OR PAYABLE REMUNERATION FOR SUCH WEEK IS EQUAL TO OR LESS THAN THE WEEKLY MAXIMUM BENEFIT AMOUNT SHALL BE PAID: (1) FOR EMPLOYMENT LIMITED TO ONE DAY, A BENEFIT AMOUNT EQUAL TO THREE QUARTERS OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. (2) FOR EMPLOYMENT LIMITED TO TWO DAYS, A BENEFIT AMOUNT EQUAL TO FIFTY PERCENT OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENE- FIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. 6. Notification requirement. [No effective day shall be counted for any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY FOR ANY WEEK FOR which notification has been given in a manner prescribed by the commissioner. 7. Waiting period. A claimant shall not be entitled to [accumulate effective days for the purpose of] RECEIVE benefit payments until he OR SHE has [accumulated] COMPLETED a waiting period of [four effective days either wholly within the] ONE week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT in which he OR SHE established [his] A valid original claim [or partly within such week and partly] within his OR HER benefit year initiated by such claim. S. 1506 109 A. 2006 § 7. Subdivisions 1 and 2, paragraph (a) of subdivision 3 and para- graph (a) of subdivision 6 of section 591 of the labor law, subdivisions 1 and 2 as amended by chapter 413 of the laws of 2003, paragraph (a) of subdivision 3 as amended by chapter 794 of the laws of 1963 and para- graph (a) of subdivision 6 as added by section 13 of part O of chapter 57 of laws of 2013, are amended to read as follows: 1. Unemployment. Benefits, except as provided in section five hundred ninety-one-a of this title, shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. A claimant who is receiv- ing benefits under this article shall not be denied such benefits pursu- ant to this subdivision or to subdivision two of this section because of such claimant's service on a grand or petit jury of any state or of the United States. 2. Availability and capability. Except as provided in section five hundred ninety-one-a of this title, no benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his usual employment or in any other for which he is reasonably fitted by training and experience. THE COMMISSIONER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. (a) [No benefits shall be] BENEFITS payable to a claimant for any day during a paid vacation period, or for a paid holiday, [nor shall any such day be considered a day of total unemployment under section five hundred twenty-two] SHALL BE CALCULATED AS PROVIDED IN SECTION FIVE HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY of this article. (a) No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay[, nor shall any day within such week be considered a day of total unemployment under section five hundred twenty-two of this article,] if such weekly dismissal pay exceeds the maximum weekly benefit rate. § 8. Subdivisions 1 and 2 of section 591 of the labor law, subdivision 1 as amended by chapter 446 of the laws of 1981 and subdivision 2 as amended by section 12 of part O of chapter 57 of the laws of 2013, are amended to read as follows: 1. Unemployment. Benefits shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. A claimant who is receiv- ing benefits under this article shall not be denied such benefits pursu- ant to this subdivision or to subdivision two of this section because of such claimant's service on a grand or petit jury of any state or of the United States. 2. Availability, capability, and work search. No benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his or her usual employment or in any other for which he or she is reasonably fitted by training and experience and who is not actively seeking work. In order to be actively seeking work a claimant must be engaged in systematic and sustained efforts to find work. The commissioner shall promulgate regulations defining systematic and sustained efforts to find work and setting standards for the proof of work search efforts. THE COMMISSIONER SHALL PROMULGATE REGULATIONS S. 1506 110 A. 2006 DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. § 9. Subdivision 2 of section 592 of the labor law, as amended by chapter 415 of the laws of 1983, is amended to read as follows: 2. Concurrent payments prohibited. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE in any week with respect to which or a part of which a claimant has received or is seek- ing unemployment benefits under an unemployment compensation law of any other state or of the United States, provided that this provision shall not apply if the appropriate agency of such other state or of the United States finally determines that he OR SHE is not entitled to such unem- ployment benefits. § 10. Paragraph (a) of subdivision 1, the opening paragraph of subdi- vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para- graph (a) of subdivision 1, the opening paragraph of subdivision 2 and subdivision 3 as amended by section 15 of part O of chapter 57 of the laws of 2013 and subdivision 4 as amended by chapter 589 of the laws of 1998, are amended to read as follows: (a) No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY- MENT THAT OCCURS after a claimant's voluntary separation without good cause from employment until he or she has subsequently worked in employ- ment and earned remuneration at least equal to ten times his or her weekly benefit rate. In addition to other circumstances that may be found to constitute good cause, including a compelling family reason as set forth in paragraph (b) of this subdivision, voluntary separation from employment shall not in itself disqualify a claimant if circum- stances have developed in the course of such employment that would have justified the claimant in refusing such employment in the first instance under the terms of subdivision two of this section or if the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for a temporary period and the employer has consented thereto. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY- MENT beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or she is reason- ably fitted by training and experience, including employment not subject to this article, until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevail- ing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed without good cause nor shall it disqualify any claimant otherwise eligi- ble to receive benefits if: S. 1506 111 A. 2006 3. Misconduct. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT THAT OCCURS after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. 4. Criminal acts. No [days of total unemployment shall be deemed to occur during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOY- MENT OR PARTIAL UNEMPLOYMENT FOR a period of twelve months after a claimant loses employment as a result of an act constituting a felony in connection with such employment, provided the claimant is duly convicted thereof or has signed a statement admitting that he or she has committed such an act. Determinations regarding a benefit claim may be reviewed at any time. Any benefits paid to a claimant prior to a determination that the claimant has lost employment as a result of such act shall not be considered to have been accepted by the claimant in good faith. In addition, remuneration paid to the claimant by the affected employer prior to the claimant's loss of employment due to such criminal act may not be utilized for the purpose of establishing entitlement to a subse- quent, valid original claim. The provisions of this subdivision shall apply even if the employment lost as a result of such act is not the claimant's last employment prior to the filing of his or her claim. § 11. Section 594 of the labor law, as amended by section 16 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 594. [Reduction and recovery] RECOVERY of benefits and penalties for wilful false statement. (1) A claimant who has wilfully made a false statement or representation to obtain any benefit under the provisions of this article shall [forfeit benefits for at least the first four but not more than the first eighty effective days following discovery of such offense for which he or she otherwise would have been entitled to receive benefits. Such penalty shall apply only once with respect to each such offense. (2) For the purpose of subdivision four of section five hundred ninety of this article, the claimant shall be deemed to have received benefits for such forfeited effective days. (3) The penalty provided in this section shall not be confined to a single benefit year but shall no longer apply in whole or in part after the expiration of two years from the date of the final determination. Such two-year period shall be tolled during the time period a claimant has an appeal pending] BE SUBJECT TO THE PENALTIES SET FORTH IN THIS SECTION. [(4)] (2) A claimant shall refund all moneys received because of such false statement or representation and pay a civil penalty in an amount equal to [the greater of one hundred dollars or fifteen] TWENTY-FIVE percent of the total overpaid benefits determined pursuant to this section. [The] IF A CLAIMANT IS FOUND TO HAVE MADE A SECOND FALSE STATEMENT OR REPRESENTATION WITHIN FIVE YEARS OF THE FIRST DETERMI- NATION, THE PENALTY SHALL BE FIFTY PERCENT OF THE TOTAL OVERPAID BENE- FITS. FIFTEEN PERCENT OF THE penalties collected hereunder FOR THE FIRST AND SECOND OCCURRENCES shall be deposited in the fund. THE REMAINING PERCENTAGE OF THE PENALTIES SHALL BE DEPOSITED IN THE UNEMPLOYMENT INSURANCE CONTROL FUND. The penalties assessed under this subdivision shall apply and be assessed for any benefits paid under federal unem- ployment and extended unemployment programs administered by the depart- ment in the same manner as provided in this article. The penalties in this section shall be in addition to any penalties imposed under this S. 1506 112 A. 2006 chapter or any state or federal criminal statute. No penalties or inter- est assessed pursuant to this section may be deducted or withheld from benefits. [(5)] (3) (a) Upon a determination based upon a willful false state- ment or representation becoming final through exhaustion of appeal rights or failure to exhaust hearing rights, the commissioner may recover the amount found to be due by commencing a civil action, or by filing with the county clerk of the county where the claimant resides the final determination of the commissioner or the final decision by an administrative law judge, the appeal board, or a court containing the amount found to be due including interest and civil penalty. The commis- sioner may only make such a filing with the county clerk when: (i) The claimant has responded to requests for information prior to a determination and such requests for information notified the claimant of his or her rights to a fair hearing as well as the potential conse- quences of an investigation and final determination under this section including the notice required by subparagraph (iii) of paragraph (b) of this subdivision. Additionally if the claimant requested a fair hearing or appeal subsequent to a determination, that the claimant was present either in person or through electronic means at such hearing, or subse- quent appeal from which a final determination was rendered; (ii) The commissioner has made efforts to collect on such final deter- mination; and (iii) The commissioner has sent a notice, in accordance with paragraph (b) of this subdivision, of intent to docket such final determination by first class or certified mail, return receipt requested, ten days prior to the docketing of such determination. (b) The notice required in subparagraph (iii) of paragraph (a) of this subdivision shall include the following: (i) That the commissioner intends to docket a final determination against such claimant as a judgment; (ii) The total amount to be docketed; and (iii) Conspicuous language that reads as follows: "Once entered, a judgment is good and can be used against you for twenty years, and your money, including a portion of your paycheck and/or bank account, may be taken. Also, a judgment will hurt your credit score and can affect your ability to rent a home, find a job, or take out a loan." § 11-a. Section 11 of this act shall apply to all false statements and representations determined on or after the effective date of this act and all forfeited effective days determined prior to such effective date shall remain in full force and effect for two years from the expi- ration of the initial determination. For purposes of applying such forfeited benefits, four effective days shall be considered one week of forfeited benefits and any remaining amount of less than four days shall not be applied to future benefits. § 12. Subdivisions 1 and 4 of section 596 of the labor law, subdivi- sion 1 as amended by chapter 204 of the laws of 1982 and subdivision 4 as added by chapter 705 of the laws of 1944 and as renumbered by section 148-a of part B of chapter 436 of the laws of 1997, are amended to read as follows: 1. Claim filing and certification to unemployment. A claimant shall file a claim for benefits [at] WITH the [local state employment office serving the area in which he was last employed or in which he resides] DEPARTMENT OF LABOR within such time and in such manner as the commis- sioner shall prescribe. He OR SHE shall disclose whether he OR SHE owes child support obligations, as hereafter defined. If a claimant making S. 1506 113 A. 2006 such disclosure is eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as hereafter defined, that the claimant is eligible. A claimant shall correctly report any [days of] employment and any compensation [he] received for such employment, including [employments] EMPLOYMENT not subject to this article, and the days on which he OR SHE was totally UNEMPLOYED OR PARTIALLY unemployed and shall make such reports in accordance with such regulations as the commissioner shall prescribe. 4. Registration and reporting for work. A claimant shall register as totally UNEMPLOYED OR PARTIALLY unemployed at a local state employment office serving the area in which he OR SHE was last employed or in which he OR SHE resides in accordance with such regulations as the commission- er shall prescribe. After so registering, such claimant shall report for work at the same local state employment office or otherwise give notice of the continuance of his OR HER unemployment as often and in such manner as the commissioner shall prescribe. § 12-a. Subdivision 3 of section 597 of the labor law, as amended by chapter 42 of the laws of 1961, is amended to read as follows: 3. Limitation on review of determinations. Any determination regarding a benefit claim may, in the absence of fraud or wilful misrepresen- tation, be reviewed only within [one year] TWO YEARS from the date it is issued because of new or corrected information, or, if the review is based thereon, within six months from a retroactive payment of remunera- tion, provided that no decision on the merits of the case has been made upon hearing or appeal. Such review shall be conducted and a new deter- mination issued in accordance with the provisions of this article and regulations and procedure prescribed thereunder with respect to the adjudication and payment of claims, including the right of appeal. § 13. Paragraph (a) of subdivision 2 of section 599 of the labor law, as amended by chapter 593 of the laws of 1991, is amended to read as follows: (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to [one hundred four effective days] TWENTY-SIX TIMES HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The [duration] AMOUNT of such additional benefits shall in no case exceed twice the [number of effective days] AMOUNT of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. § 14. The opening paragraph and paragraph (e) of subdivision 2 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: Extended benefits shall be payable to a claimant for [effective days occurring in] any week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT within an eligibility period, provided the claimant (e) is not claiming benefits pursuant to an interstate claim filed under the interstate benefit payment plan in a state where an extended benefit period is not in effect, except that this condition shall not apply with respect to the first [eight effective days] TWO WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT for which extended benefits S. 1506 114 A. 2006 shall otherwise be payable pursuant to an interstate claim filed under the interstate benefit payment plan; and § 15. Subdivisions 3 and 4 and paragraphs (b) and (e) of subdivision 5 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: 3. Extended benefit amounts; rate and duration. Extended benefits shall be paid to a claimant (a) at a rate equal to his or her rate for regular benefits during his or her applicable benefit year but (b) for not more than [fifty-two effective days with respect to his or her applicable benefit year, with a total maximum amount equal to] fifty percentum of the total maximum amount of regular benefits payable in such benefit year, and (c) if a claimant's benefit year ends within an extended benefit peri- od, the remaining balance of extended benefits to which he or she would be entitled, if any, shall be reduced by the [number of effective days] AMOUNT OF BENEFITS for which he or she was entitled to receive trade readjustment allowances under the federal trade act of nineteen hundred seventy-four during such benefit year, and (d) for periods of high unemployment for not more than [eighty effec- tive days with respect to the applicable benefit year with a total maxi- mum amount equal to] eighty percent of the total maximum amount of regu- lar benefits payable in such benefit year. 4. Charging of extended benefits. The provisions of paragraph (e) of subdivision one of section five hundred eighty-one of this article shall apply to benefits paid pursuant to the provisions of this section, and if they were paid for [effective days] WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT occurring in weeks following the end of a benefit year, they shall be deemed paid with respect to that benefit year. However, except for governmental entities as defined in section five hundred sixty-five and Indian tribes as defined in section five hundred sixty-six of this article, only one-half of the amount of such benefits shall be debited to the employers' account; the remainder thereof shall be debited to the general account, and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act. Notwithstanding the foregoing, where the state has entered an extended benefit period triggered pursuant to subparagraph one of paragraph (a) of subdivision one of this section for which federal law provides for one hundred percent federal sharing of the costs of benefits, all charg- es shall be debited to the general account and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act or other federal law providing for one hundred percent federal shar- ing for the cost of such benefits. (b) No [days of total unemployment shall be deemed to occur in] BENE- FITS SHALL BE PAYABLE FOR any week within an eligibility period during which a claimant fails to accept any offer of suitable work or fails to apply for suitable work to which he or she was referred by the commis- sioner, who shall make such referral if such work is available, or during which he or she fails to engage actively in seeking work by making a systematic and sustained effort to obtain work and providing tangible evidence of such effort, and until he or she has worked in employment during at least four subsequent weeks and earned remuneration of at least four times his or her benefit rate. S. 1506 115 A. 2006 (e) No [days of total unemployment] BENEFITS shall be [deemed to occur in] PAYABLE FOR any week within an eligibility period under section five hundred ninety-three of this [article] TITLE, until he or she has subse- quently worked in employment in accordance with the requirements set forth in section five hundred ninety-three of this [article] TITLE. § 16. Section 603 of the labor law, as amended by section 21 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 603. Definitions. For purposes of this title: "Total unemployment" AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any employment on any day,] HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other than with an employer applying for a shared work program. "Work force" shall mean the total work force, a clearly identifiable unit or units thereof, or a particular shift or shifts. The work force subject to reduction shall consist of no less than two employees. § 17. Severability. If any amendment contained in a clause, sentence, paragraph, section or part of this act shall be adjudged by the United States Department of Labor to violate requirements for maintaining bene- fit standards required of the state in order to be eligible for any financial benefit offered through federal law or regulation, such amend- ments shall be severed from this act and shall not affect, impair or invalidate the remainder thereof. § 18. This act shall take effect on the ninetieth day after the commissioner of labor certifies that the department of labor has an information technology system capable of accommodating the provisions in this act; provided that the commissioner of labor shall notify the legislative bill drafting commission of the date of such certification in order that the commission may maintain an accurate and timely effec- tive database of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law. Effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. Provided further that the amendments to subdivisions 1 and 2 of section 591 of the labor law made by section seven of this act shall be subject to the expiration and reversion of such subdivisions pursuant to section 10 of chapter 413 of the laws of 2003, when upon such date the provisions of section eight of this act shall take effect. PART Q Section 1. Subdivision 1 of section 296 of the executive law is amended by adding a new paragraph (h) to read as follows: (H) FOR AN EMPLOYER OR EMPLOYMENT AGENCY IN WRITING OR OTHERWISE, TO RELY ON, OR INQUIRE ABOUT, THE SALARY HISTORY INFORMATION OF AN APPLI- CANT FOR EMPLOYMENT AS A FACTOR IN DETERMINING WHETHER TO OFFER EMPLOY- MENT TO AN APPLICANT OR WHAT SALARY TO OFFER AN APPLICANT. NOTHING IN THIS SUBDIVISION SHALL PREVENT AN APPLICANT FROM VOLUNTARILY AND WITHOUT PROMPTING DISCLOSING SALARY HISTORY INFORMATION TO A PROSPECTIVE EMPLOY- ER. IF AN APPLICANT VOLUNTEERS SALARY HISTORY INFORMATION, NOTHING SHALL PROHIBIT THAT EMPLOYER FROM CONSIDERING OR RELYING ON THAT INFORMATION. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT AN EMPLOYER, WITHOUT INQUIR- ING ABOUT SALARY HISTORY, FROM ENGAGING IN DISCUSSION WITH THE APPLICANT ABOUT THEIR EXPECTATIONS WITH RESPECT TO SALARY, BENEFITS, AND OTHER COMPENSATION. S. 1506 116 A. 2006 § 2. The section heading and subdivision 1 of section 194 of the labor law, the section heading as added by chapter 548 of the laws of 1966 and subdivision 1 as amended by chapter 362 of the laws of 2015, are amended to read as follows: Differential in rate of pay because of [sex] PROTECTED CLASS STATUS prohibited. 1. No employee WHO IS A MEMBER OF A PROTECTED CLASS shall be paid a wage at a rate less than the rate at which an employee [of the opposite sex] WHO IS NOT A MEMBER OF THE PROTECTED CLASS in the same establishment is paid for [equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions] SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A COMPOSITE OF SKILL, EFFORT, AND RESPONSIBILITY, AND PERFORMED UNDER SIMILAR WORKING CONDITIONS, except where payment is made pursuant to a differential based on: a. a seniority system; b. a merit system; c. a system which measures earnings by quantity or quality of production; or d. a bona fide factor other than [sex] THE PROTECTED CLASS STATUS, such as education, training, or experience. Such factor: (i) shall not be based upon [or derived from] a [sex-based] differential in compen- sation THAT WAS ORIGINALLY DERIVED FROM A PROTECTED CLASS STATUS and (ii) shall be job-related with respect to the position in question and shall be consistent with business necessity. Such exception under this paragraph shall not apply when the employee demonstrates (A) that an employer uses a particular employment practice that causes a disparate impact on the basis of [sex] PROTECTED CLASS STATUS, (B) that an alter- native employment practice exists that would serve the same business purpose and not produce such differential, and (C) that the employer has refused to adopt such alternative practice. § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART R Section 1. Subdivisions 1 and 2 of section 291 of the executive law, as amended by chapter 196 of the laws of 2010, are amended to read as follows: 1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status, or disa- bility, is hereby recognized as and declared to be a civil right. 2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommo- dations and commercial space without discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status, or disability, as specified in section two hundred ninety-six of this article, is hereby recognized as and declared to be a civil right. § 2. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING TRANSGENDER. S. 1506 117 A. 2006 § 3. Subdivisions 8 and 9 of section 295 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: 8. To create such advisory councils, local, regional or state-wide, as in its judgment will aid in effectuating the purposes of this article and of section eleven of article one of the constitution of this state, and the division may empower them to study the problems of discrimi- nation in all or specific fields of human relationships or in specific instances of discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability or marital status and make recommendations to the division for the development of policies and procedures in general and in specific instances. The advisory councils also shall disseminate information about the division's activities to organizations and indi- viduals in their localities. Such advisory councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the division may make provision for technical and clerical assistance to such councils and for the expenses of such assistance. 9. To develop human rights plans and policies for the state and assist in their execution and to make investigations and studies appropriate to effectuate this article and to issue such publications and such results of investigations and research as in its judgement will tend to inform persons of the rights assured and remedies provided under this article, to promote good-will and minimize or eliminate discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability or marital status. § 4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, are amended to read as follows: (a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (c) For a labor organization, because of the age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publi- cation, or to use any form of application for employment or to make any S. 1506 118 A. 2006 inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to iden- tify and resolve possible problems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportu- nities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, sexual orientation OR GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status. § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, are amended to read as follows: (b) To deny to or withhold from any person because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, familial status, or marital status, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program; (c) To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, condi- tions or privileges of such programs because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, familial status or marital status; (d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, spec- ification or discrimination as to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, familial status or marital status, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification. § 6. Paragraph (a) of subdivision 2 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability or marital status of any person, directly or indirectly, to refuse, with- hold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or S. 1506 119 A. 2006 mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex or marital status, or having a disability is unwel- come, objectionable or not acceptable, desired or solicited. § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, paragraphs (a), (b) and (c) as amended and paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, or familial status in the terms, conditions or privileges of any publicly- assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. (c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- bility, marital status, or familial status, or any intent to make any such limitation, specification or discrimination. § 8. Subdivision 3-b of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to repre- sent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital S. 1506 120 A. 2006 status, or familial status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities. § 9. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law to deny the use of its facili- ties to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disa- bility, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age or marital status, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. § 10. Subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 5. (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facili- ties or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- bility, marital status, or familial status, or any intent to make any such limitation, specification or discrimination. The provisions of this paragraph (a) shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommo- dations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and S. 1506 121 A. 2006 the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty- two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether hous- ing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available; (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith; (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- bility, marital status, or familial status; or any intent to make any such limitation, specification or discrimination. (4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occu- pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital S. 1506 122 A. 2006 status, or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not avail- able for inspection, sale, rental or lease when in fact it is so avail- able, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status; or any intent to make any such limitation, specifica- tion or discrimination. (3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any HOUSING ACCOMMODATION, land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any hous- ing accommodation or land to be used for the construction or location of housing accommodations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, disability, marital status, or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. (e) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, conva- lescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a "blind person" shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen entitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor". S. 1506 123 A. 2006 (f) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years. (g) It shall be an unlawful discriminatory practice for any person offering or providing housing accommodations, land or commercial space as described in paragraphs (a), (b), and (c) of this subdivision to make or cause to be made any written or oral inquiry or record concerning membership of any person in the state organized militia in relation to the purchase, rental or lease of such housing accommodation, land, or commercial space, provided, however, that nothing in this subdivision shall prohibit a member of the state organized militia from voluntarily disclosing such membership. § 11. Paragraph (a) of subdivision 9 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members there- of, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire depart- ment or fire company therein, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status, or familial status, of such indi- vidual. § 12. Subdivision 13 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, is amended to read as follows: 13. It shall be an unlawful discriminatory practice (i) for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, or familial status, of such person, or of such person's partners, members, stockholders, direc- tors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to: (a) Boycotts connected with labor disputes; or (b) Boycotts to protest unlawful discriminatory practices. § 13. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: 1. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof: a. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or mainte- nance of any housing accommodation, land or commercial space to discrim- inate against any such applicant because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, disability, or familial status of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit; S. 1506 124 A. 2006 b. To discriminate in the granting, withholding, extending or renew- ing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, disability, or familial status; c. To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, disability, or familial status; d. To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning; e. To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, childbearing potential, disability, or familial status; f. To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse. This paragraph shall not apply to any situation where the use of a surname would constitute or result in a criminal act. 2. Without limiting the generality of subdivision one of this section, it shall be considered discriminatory if, because of an applicant's or class of applicants' race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari- tal status or disability, or familial status, (i) an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or (ii) special requirements or conditions, such as requiring co-obligors or reapplica- tion upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness. 3. It shall not be considered discriminatory if credit differen- tiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status or disability, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiv- ing diminished or interrupted income in the future. § 14. Paragraph (b) of subdivision 2 of section 296-b of the executive law, as added by chapter 481 of the laws of 2010, is amended to read as follows: (b) Subject a domestic worker to unwelcome harassment based on gender, race, religion, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION or national origin, where such harassment has the purpose or effect of unreasonably interfering with an individual's work performance by creat- ing an intimidating, hostile, or offensive working environment. § 15. Section 40-c of the civil rights law, as amended by chapter 2 of the laws of 2002, is amended to read as follows: S. 1506 125 A. 2006 § 40-c. Discrimination. 1. All persons within the jurisdiction of this state shall be entitled to the equal protection of the laws of this state or any subdivision thereof. 2. No person shall, because of race, creed, color, national origin, sex, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability, as such term is defined in section two hundred ninety-two of the executive law, be subjected to any discrimination in his or her civil rights, or to any harassment, as defined in section 240.25 of the penal law, in the exercise thereof, by any other person or by any firm, corporation or institution, or by the state or any agency or subdivision of the state. § 16. Paragraph (a) of subdivision 1 of section 313 of the education law, as amended by chapter 2 of the laws of 2002, is amended to read as follows: (a) It is hereby declared to be the policy of the state that the Amer- ican ideal of equality of opportunity requires that students, otherwise qualified, be admitted to educational institutions and be given access to all the educational programs and courses operated or provided by such institutions without regard to race, color, sex, religion, creed, mari- tal status, age, sexual orientation as defined in section two hundred ninety-two of the executive law, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin, except that, with regard to religious or denominational educational institutions, students, otherwise qualified, shall have the equal opportunity to attend therein without discrimination because of race, color, sex, marital status, age, sexual orientation as defined in section two hundred ninety-two of the executive law, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin. It is a fundamental American right for members of various religious faiths to establish and maintain educational insti- tutions exclusively or primarily for students of their own religious faith or to effectuate the religious principles in furtherance of which they are maintained. Nothing herein contained shall impair or abridge that right. § 17. Subdivision 3 of section 313 of the education law, as amended by chapter 2 of the laws of 2002, is amended to read as follows: (3) Unfair educational practices. It shall be an unfair educational practice for an educational institution after September fifteenth, nine- teen hundred forty-eight: (a) To exclude or limit or otherwise discriminate against any person or persons seeking admission as students to such institution or to any educational program or course operated or provided by such institution because of race, religion, creed, sex, color, marital status, age, sexu- al orientation as defined in section two hundred ninety-two of the exec- utive law, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference in such selection to such members or to make such selection of its students as is calculated by such institution to promote the religious principles for which it is estab- lished or maintained. Nothing herein contained shall impair or abridge the right of an independent institution, which establishes or maintains a policy of educating persons of one sex exclusively, to admit students of only one sex. S. 1506 126 A. 2006 (b) To penalize any individual because he or she has initiated, testi- fied, participated or assisted in any proceedings under this section. (c) To accept any endowment or gift of money or property conditioned upon teaching the doctrine of supremacy of any particular race. (d) With respect to any individual who withdraws from attendance to serve on active duty in the armed forces of the United States in time of war, including any individual who withdrew from attendance on or after August second, nineteen hundred ninety to serve on active duty in the armed forces of the United States in the Persian Gulf conflict: (i) to deny or limit the readmission of such individual to such institution or to any educational program or course operated or provided by such insti- tution because of such withdrawal from attendance or because of the failure to complete any educational program or course due to such with- drawal; (ii) to impose any academic penalty on such person because of such withdrawal or because of the failure to complete any educational program or course due to such withdrawal; (iii) to reduce or eliminate any financial aid award granted to such individual which could not be used, in whole or part, because of such withdrawal or because of the failure to complete any educational program or course due to such with- drawal; or (iv) to fail to provide a credit or refund of tuition and fees paid by such individual for any semester, term or quarter not completed because of such withdrawal or because of the failure to complete any program or course due to such withdrawal. (e) It shall not be an unfair educational practice for any educational institution to use criteria other than race, religion, creed, sex, color, marital status, age, sexual orientation as defined in section two hundred ninety-two of the executive law, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin in the admission of students to such institution or to any of the educational programs and courses operated or provided by such institution. § 18. Section 485.00 of the penal law, as added by chapter 107 of the laws of 2000, is amended to read as follows: § 485.00 Legislative findings. The legislature finds and determines as follows: criminal acts involv- ing violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as "hate crimes", victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. Current law does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. S. 1506 127 A. 2006 Accordingly, the legislature finds and declares that hate crimes should be prosecuted and punished with appropriate severity. § 19. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as added by chapter 107 of the laws of 2000, are amended to read as follows: 1. A person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- gious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct. 2. Proof of race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section. 4. For purposes of this section: (a) the term "age" means sixty years old or more; (b) the term "disability" means a physical or mental impairment that substantially limits a major life activity[.]; (C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING TRANSGENDER. § 20. Subdivision 3 of section 240.30 of the penal law, as amended by chapter 188 of the laws of 2014, is amended to read as follows: 3. With the intent to harass, annoy, threaten or alarm another person, he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- gious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or § 21. The opening paragraph of section 240.31 of the penal law, as amended by chapter 49 of the laws of 2006, is amended to read as follows: A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- gious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she: § 22. Section 240.00 of the penal law is amended by adding a new subdivision 7 to read as follows: 7. "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR S. 1506 128 A. 2006 OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING TRANSGENDER. § 23. Paragraph (c) of subdivision 7 of section 200.50 of the criminal procedure law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: (c) in the case of any hate crime, as defined in section 485.05 of the penal law, specifies, as applicable, that the defendant or defendants intentionally selected the person against whom the offense was committed or intended to be committed; or intentionally committed the act or acts constituting the offense, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ances- try, gender, GENDER IDENTITY OR EXPRESSION, religion, religious prac- tice, age, disability or sexual orientation of a person; and § 24. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that sections eighteen through twenty-three of this act shall take effect on the first of November next succeeding the date on which it shall have become a law. PART S Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN: (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER- ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY. § 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an [education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law] EDUCATIONAL INSTITUTION to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age or marital status, except that any such insti- tution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. § 3. This act shall take effect immediately. PART T Section 1. Short title. This act shall be known and may be cited as the "Lawful Source of Income Non-Discrimination Act of 2019". § 2. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "LAWFUL SOURCE OF INCOME" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD SUPPORT, ALIMONY, FOSTER CARE SUBSIDIES, INCOME DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF FEDERAL, STATE, OR LOCAL PUBLIC ASSISTANCE OR HOUSING ASSISTANCE INCLUDING, BUT NOT LIMITED TO, SECTION 8 VOUCHERS, OR ANY OTHER FORM OF HOUSING ASSISTANCE PAYMENT OR CREDIT WHETHER OR NOT SUCH INCOME OR CREDIT IS PAID OR ATTRIBUTED DIRECTLY TO A LANDLORD, AND ANY OTHER FORMS OF LAWFUL INCOME. S. 1506 129 A. 2006 § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, paragraphs (a), (b) and (c) as amended and paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, sexual orien- tation, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. (c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination. § 4. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, military status, sex, age, disabil- ity, marital status, LAWFUL SOURCE OF INCOME or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective S. 1506 130 A. 2006 purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination. § 5. Subparagraphs 1 and 2 of paragraph (c) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commer- cial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME, or familial status of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status; or any intent to make any such limitation, specification or discrimi- nation. § 6. Paragraph (d) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, amended to read as follows: (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, sexual orientation, military status, age, sex, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. § 7. This act shall take effect immediately and shall apply to all causes of action filed on or after such effective date. PART U Section 1. Subdivision 2 of section 7-108 of the general obligations law is amended by adding a new paragraph (f) to read as follows: (F) EXCEPT IN INSTANCES WHERE STATUTES OR REGULATIONS PROVIDE FOR A LESSER PAYMENT, FEE, DEPOSIT OR CHARGE, NO LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR MAY DEMAND ANY PAYMENT, FEE, DEPOSIT, OR CHARGE, INCLUDING, BUT NOT LIMITED TO, ANY PAYMENT, FEE, DEPOSIT, OR CHARGE THAT IS IMPOSED S. 1506 131 A. 2006 AT THE BEGINNING OF THE TENANCY TO BE USED TO REIMBURSE THE LANDLORD FOR COSTS ASSOCIATED WITH PROCESSING A NEW TENANT OR THAT IS IMPOSED AS AN ADVANCE PAYMENT OF RENT, USED OR TO BE USED FOR ANY PURPOSE, INCLUDING A SECURITY DEPOSIT, IN AN AMOUNT OR VALUE IN EXCESS OF AN AMOUNT EQUAL TO TWO MONTHS' RENT, INCLUDING THE FIRST MONTH'S RENT. § 2. This act shall take effect immediately. PART V Section 1. Section 300 of the executive law, as amended by chapter 166 of the laws of 2000, is amended to read as follows: § 300. Construction. The provisions of this article shall be construed liberally for the accomplishment of the purposes thereof. JUDICIAL INTERPRETATIONS OF SIMILARLY WORDED PROVISIONS OF FEDERAL CIVIL RIGHTS LAWS ARE NOT CONTROLLING. SUCH INTERPRETATIONS OF FEDERAL CIVIL RIGHTS LAWS ESTABLISH A FLOOR BELOW WHICH INTERPRETATION OF THIS ARTICLE CANNOT FALL, RATHER THAN A CEILING ABOVE WHICH INTERPRETATION OF THIS ARTICLE CANNOT RISE. Nothing contained in this article shall be deemed to repeal any of the provisions of the civil rights law or any other law of this state relating to discrimination because of race, creed, color or national origin; but, as to acts declared unlawful by section two hundred ninety-six of this article, the procedure herein provided shall, while pending, be exclusive; and the final determination therein shall exclude any other STATE CIVIL action[, civil or criminal,] based on the same grievance of the individual concerned. If such individual insti- tutes any action based on such grievance without resorting to the proce- dure provided in this article, he or she may not subsequently resort to the procedure herein. § 2. Subdivision 21 of section 296 of the executive law, as renumbered by chapter 536 of the laws of 2010, is renumbered subdivision 22 and a new subdivision 21 is added to read as follows: 21. HARASSMENT ON THE BASIS OF ANY PROTECTED CHARACTERISTIC IS AN UNLAWFUL DISCRIMINATORY PRACTICE IN ANY AREA OF JURISDICTION AS SET FORTH IN THIS ARTICLE. HARASSMENT INCLUDES THE TYPES OF ACTIONS THAT HAVE BEEN FOUND BY THE COURTS TO CREATE A HOSTILE ENVIRONMENT OR A TANGIBLE JOB DETRIMENT. SUCH ACTIONS ARE AN UNLAWFUL DISCRIMINATORY PRACTICE WHEN THEY RESULT IN A PERSON OR PERSONS BEING TREATED NOT AS WELL AS OTHERS BECAUSE OF A PROTECTED CHARACTERISTIC. HARASSMENT IS NOT LIMITED ONLY TO THOSE ACTIONS THAT ARE SEVERE OR PERVASIVE. HARASSMENT DOES NOT INCLUDE WHAT A REASONABLE PERSON WITH THE SAME PROTECTED CHAR- ACTERISTIC WOULD CONSIDER PETTY SLIGHTS OR TRIVIAL INCONVENIENCES. § 3. Section 5-336 of the general obligations law, as added by section 1 of subpart D of part KK of chapter 57 of the laws of 2018, is amended to read as follows: § 5-336. Nondisclosure agreements. 1. Notwithstanding any other law to the contrary, no employer, its officers or employees shall have the authority to include or agree to include in any settlement, agreement or other resolution of any claim, the factual foundation for which involves sexual harassment, any term or condition that would prevent the disclo- sure of the underlying facts and circumstances to the claim or action unless the condition of confidentiality is the complainant's preference. Any such term or condition must be provided to all parties, and the complainant shall have twenty-one days to consider such term or condi- tion. If after twenty-one days such term or condition is the complainant's preference, such preference shall be memorialized in an agreement signed by all parties. For a period of at least seven days S. 1506 132 A. 2006 following the execution of such agreement, the complainant may revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired. 2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ANY PROVISION IN A CONTRACT OR OTHER AGREEMENT BETWEEN AN EMPLOYER OR AN AGENT OF AN EMPLOYER AND ANY EMPLOYEE OR POTENTIAL EMPLOYEE OF THAT EMPLOYER ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, THAT PREVENTS THE DISCLOSURE OF FACTUAL INFORMATION RELATED TO ANY FUTURE CLAIM OF SEXUAL HARASSMENT, ASSAULT, OR DISCRIMINATION IS VOID OR UNENFORCEABLE UNLESS SUCH PROVISION INCLUDES LANGUAGE ENSURING THAT THE PARTIES TO THE AGREE- MENT STILL HAVE THE RIGHT TO FILE A COMPLAINT ABOUT SUCH FACTUAL INFOR- MATION WITH A STATE OR LOCAL AGENCY, AND TESTIFY OR OTHERWISE PARTIC- IPATE IN A GOVERNMENT INVESTIGATION. § 4. Subdivision 3 of section 201-g of the labor law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: 3. THE DEPARTMENT SHALL CONSULT WITH THE DIVISION OF HUMAN RIGHTS TO PRODUCE AND DISTRIBUTE A WORKPLACE SEXUAL HARASSMENT PREVENTION POSTER. A. SUCH POSTER SHALL INCLUDE AN EXPLANATION OF SEXUAL HARASSMENT CONSISTENT WITH GUIDANCE ISSUED BY THE DEPARTMENT IN CONSULTATION WITH THE DIVISION OF HUMAN RIGHTS AND INFORMATION CONCERNING EMPLOYEES' RIGHTS OF REDRESS AND ALL AVAILABLE FORUMS FOR ADJUDICATING COMPLAINTS. B. EVERY EMPLOYER SHALL POST SUCH POSTER OR A POSTER THAT EQUALS OR EXCEEDS THE MINIMUM STANDARDS OF SUCH POSTER IN A CONSPICUOUS LOCATION. § 5. This act shall take effect January 1, 2020. PART W Section 1. This act shall be known and may be cited as the "pension poaching prevention act". § 2. Legislative findings and intent. Nationally, veterans and their family members are often subject to a practice commonly called pension poaching. This troubling practice, as described in recent reports from the Federal Trade Commission, the Federal Government Accountability Office, the United States Department of Veterans Affairs, and several other entities, generally target elderly or disabled veterans and their family members. Pension poaching involves dishonest financial planners, insurance agents, and other professionals luring veterans and their family members to pay substantial funds for veterans' benefits services that the offering entity is unqualified to provide and that can detri- mentally impact the future financial situations of the veteran and his or her dependents. Entities engaging in pension poaching tend to use high-pressure sales tactics directed toward potential customers, falsely guaranteeing bene- fits for veterans and their families even when the advertising entity lacks the federal accreditation required by law to file such claims and appeals for federal veterans' benefits. Often, they persuade veterans and their family members to abruptly move most or all of their assets to potentially qualify for certain federal veterans benefits, frequently causing veterans and their family members to unwittingly lose control over their assets and adversely affecting the ability of veterans and their families to qualify for Medicaid and other important benefits in the future. These entities frequently charge extremely high fees for these services, even in matters where federal law expressly prohibits such fees. Through this legislation, the legislature intends to restrain this harmful and deceptive practice within New York State, providing neces- S. 1506 133 A. 2006 sary protections to the men and women of this state who courageously served in our nation's armed forces. § 3. The general business law is amended by adding a new section 349-f to read as follows: § 349-F. PENSION POACHING PREVENTION. 1. FOR PURPOSES OF THIS SECTION: (A) THE TERM "VETERAN" MEANS A PERSON WHO HAS SERVED ON ACTIVE DUTY SERVICE IN THE ARMED FORCES OF THE UNITED STATES, OR SERVICE IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, COMMISSIONED OFFICER IN THE PUBLIC HEALTH SERVICE, COMMISSIONED OFFICER OF THE NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION OR ENVIRONMENTAL SCIENCES SERVICES ADMINISTRATION, CADET AT A UNITED STATES ARMED FORCES SERVICE ACADEMY OR PROVISIONS UNDER 38 U.S.C. § 106, AND WHO HAS BEEN RELEASED FROM SUCH SERVICE UNDER HONOR- ABLE CONDITIONS. (B) THE TERM "VETERANS' BENEFITS MATTER" MEANS THE PREPARATION, PRES- ENTATION, OR PROSECUTION OF ANY CLAIM AFFECTING ANY PERSON WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A CLAIM FOR ANY BENEFIT, PROGRAM, SERVICE, COMMODITY, FUNCTION, OR STATUS, ENTITLEMENT WHICH IS DETERMINED UNDER THE LAWS AND REGULATIONS ADMINISTERED BY THE UNITED STATES DEPART- MENT OF VETERANS AFFAIRS OR THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS PERTAINING TO VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND ANY OTHER PARTY ELIGIBLE FOR SUCH BENEFITS. (C) THE TERM "COMPENSATION" MEANS MONEY, PROPERTY, OR ANYTHING ELSE OF VALUE. (D) THE TERM "ENTITY" INCLUDES, BUT IS NOT LIMITED TO, ANY NATURAL PERSON, CORPORATION, TRUST, PARTNERSHIP, ALLIANCE, OR UNINCORPORATED ASSOCIATION. 2. (A) NO ENTITY SHALL RECEIVE COMPENSATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER, EXCEPT AS PERMITTED UNDER TITLE 38 OF THE UNITED STATES CODE AND THE CORRESPONDING PROVISIONS WITHIN TITLE 38 OF THE UNITED STATES CODE OF FEDERAL REGULATIONS. (B) NO ENTITY SHALL RECEIVE COMPENSATION FOR REFERRING ANY PARTY TO ANOTHER INDIVIDUAL TO ADVISE OR ASSIST THIS PARTY WITH ANY VETERANS' BENEFITS MATTER. (C) ANY ENTITY SEEKING TO RECEIVE COMPENSATION FOR ADVISING OR ASSIST- ING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER SHALL, BEFORE RENDERING ANY SERVICES, MEMORIALIZE ALL TERMS REGARDING THE PARTY'S PAYMENT OF FEES FOR SERVICES RENDERED IN A WRITTEN AGREEMENT, SIGNED BY BOTH PARTIES, THAT ADHERES TO ALL CRITERIA SPECIFIED WITHIN TITLE 38, SECTION 14.636, OF THE UNITED STATES CODE OF FEDERAL REGULATIONS. (D) NO ENTITY SHALL RECEIVE ANY FEES FOR ANY SERVICES RENDERED BEFORE THE DATE ON WHICH A NOTICE OF DISAGREEMENT IS FILED WITH RESPECT TO THE VETERAN'S CASE. (E) NO ENTITY SHALL GUARANTEE, EITHER DIRECTLY OR BY IMPLICATION, THAT ANY PARTY IS CERTAIN TO RECEIVE SPECIFIC VETERANS' BENEFITS OR THAT ANY PARTY IS CERTAIN TO RECEIVE A SPECIFIC LEVEL, PERCENTAGE, OR AMOUNT OF VETERANS' BENEFITS. (F) NO ENTITY SHALL RECEIVE EXCESSIVE OR UNREASONABLE FEES AS COMPEN- SATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER. THE FACTORS ARTICULATED WITHIN TITLE 38, SECTION 14.636 OF THE CODE OF FEDERAL REGULATIONS SHALL GOVERN DETERMINATIONS OF WHETHER A FEE IS EXCESSIVE OR UNREASONABLE. 3. (A) NO ENTITY SHALL ADVISE OR ASSIST FOR COMPENSATION ANY PARTY WITH ANY VETERANS' BENEFITS MATTER WITHOUT CLEARLY PROVIDING, AT THE OUTSET OF THIS BUSINESS RELATIONSHIP, THE FOLLOWING DISCLOSURE, BOTH ORALLY AND IN WRITING: "THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK S. 1506 134 A. 2006 STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHAR- TERED VETERANS SERVICE ORGANIZATION. OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHAR- TERED VETERANS SERVICE ORGANIZATIONS, MAY BE ABLE TO PROVIDE YOU WITH THIS SERVICE FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSI- NESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETERANS' BENEFITS BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES HERE." THE WRITTEN DISCLOSURE MUST APPEAR IN AT LEAST TWELVE-POINT FONT AND MUST APPEAR IN A READILY NOTICEABLE AND IDENTIFIABLE PLACE IN THE ENTITY'S AGREEMENT WITH THE PARTY SEEKING SERVICES. THE PARTY MUST VERBALLY ACKNOWLEDGE UNDERSTANDING OF THE ORAL DISCLOSURE AND MUST PROVIDE HIS OR HER SIGNATURE TO REPRESENT UNDER- STANDING OF THESE PROVISIONS ON THE DOCUMENT IN WHICH THE WRITTEN DISCLOSURE APPEARS. THE ENTITY OFFERING SERVICES MUST RETAIN A COPY OF THE WRITTEN DISCLOSURE WHILE PROVIDING VETERANS' BENEFITS SERVICES FOR COMPENSATION TO THE PARTY AND FOR AT LEAST ONE YEAR AFTER THE DATE ON WHICH THIS SERVICE RELATIONSHIP TERMINATES. (B) NO ENTITY SHALL ADVERTISE FOR-COMPENSATION SERVICES IN VETERANS BENEFITS MATTERS WITHOUT INCLUDING THE FOLLOWING DISCLOSURE: "THIS BUSI- NESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPART- MENT OF VETERANS AFFAIRS, THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGAN- IZATION. OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGANIZA- TIONS, MAY BE ABLE TO PROVIDE YOU WITH THESE SERVICES FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETER- ANS' BENEFITS BEYOND THE SERVICES THAT THIS BUSINESS OFFERS." IF THE ADVERTISEMENT IS PRINTED, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS VISIBLE TO INTERNET USERS, THE DISCLOSURE MUST APPEAR IN A READILY VISI- BLE PLACE ON THE ADVERTISEMENT. IF THE ADVERTISEMENT IS VERBAL, THE SPOKEN STATEMENT OF THE DISCLOSURE MUST BE CLEAR AND INTELLIGIBLE. 4. (A) ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A DECEPTIVE ACT IN THE CONDUCT OF BUSINESS, TRADE, OR COMMERCE, AND SHALL BE SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED FORTY NINE OF THIS ARTICLE, INCLUDING ANY RIGHT OF ACTION AND CORRESPONDING PENALTIES DESCRIBED WITHIN SUCH SECTION. (B) IF AN ENTITY'S VIOLATION OF THIS SECTION CONCERNS A PARTY WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER, SAID ENTITY MAY BE LIABLE FOR SUPPLE- MENTAL CIVIL PENALTIES AS ESTABLISHED WITHIN, AND SUBJECT OF THE TERMS OF, SECTION THREE HUNDRED FORTY-NINE-C OF THIS ARTICLE. 5. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS EVER HELD INVALID, THE REMAINDER OF THIS ACT OR THE APPLICATION OF ITS PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES SHALL REMAIN UNAFFECTED. § 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. PART X Section 1. Subdivision 21-f of section 292 of the executive law, as added by chapter 369 of the laws of 2015, is amended to read as follows: 21-f. The term "pregnancy-related condition" means a medical condition related to pregnancy or childbirth that inhibits the exercise of a S. 1506 135 A. 2006 normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, INCLUDING BUT NOT LIMITED TO LACTA- TION; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article. § 2. This act shall take effect immediately. PART Y Section 1. The education law is amended by adding a new section 6509-e to read as follows: § 6509-E. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL HEALTH PROFESSIONALS. 1. FOR THE PURPOSES OF THIS SECTION: A. "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR ONE HUNDRED SIXTY-THREE OF THIS TITLE; OR ANY OTHER PERSON DESIGNATED AS A MENTAL HEALTH PROFESSIONAL PURSUANT TO LAW, RULE OR REGULATION. B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS ANY PRACTICE BY A MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS, GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT- ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF PATIENTS' COPING, SOCIAL SUPPORT AND IDENTITY EXPLORATION AND DEVELOP- MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK TO CHANGE SEXUAL ORIENTATION. 2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES- SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBARTICLE SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBARTICLE. § 2. The education law is amended by adding a new section 6531-a to read as follows: § 6531-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL HEALTH PROFESSIONALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: A. "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE. B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS ANY PRACTICE BY A MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS, GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX; AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT- ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF PATIENTS' COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOP- MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR S. 1506 136 A. 2006 ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK TO CHANGE SEXUAL ORIENTATION. 2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES- SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION TWO HUNDRED THIRTY-A OF THE PUBLIC HEALTH LAW, AS ADDED BY CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-ONE. § 3. This act shall take effect immediately. PART Z Section 1. Short title. This act shall be known and may be cited as the "rent regulation act of 2019". § 2. Rent regulation act of 2019. Notwithstanding any other provision of law to the contrary, the New York state system of rent regulation pursuant to chapter 576 of the laws of 1974, chapter 274 of the laws of 1946, chapter 329 of the laws of 1963, chapter 555 of the laws of 1982, chapter 402 of the laws of 1983, chapter 116 of the laws of 1997, and sections 26-501, 26-502, and 26-520 of the administrative code of the city of New York, shall be extended pursuant to a chapter of the laws of 2019. Provided, however, such extension shall include rent regulation reforms to end vacancy decontrol, amend the application of preferential rent, and limit capital improvement charges based on a report on rent regulation delivered to the governor by the commissioner of the division of housing and community renewal ("the division") on or after March 1, 2019 which shall include (i) the number of rent stabilized housing accommodations within the city of New York; (ii) the number of rent stabilized housing accommodations outside the city of New York; (iii) the number of rent controlled housing accommodations in the city of New York; (iv) the number of rent controlled housing accommodations outside the city of New York; (v) the number of applications for major capital improvements filed with such division; (vi) the number of units which are registered with such division where the amount charged to and paid by the tenant is less than the registered rent for the housing accommo- dation; (vii) for housing accommodations that are registered with such division where the amount charged to and paid by the tenant is less than the registered rent for the housing accommodation the average of the difference between the registered rent for a housing accommodation and the amount charged to and paid by the tenant; (viii) the number of rent overcharge complaints processed by the division; and (ix) the number of final overcharge orders granting an overcharge. § 3. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S. 1506 137 A. 2006 § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through Z of this act shall be as specifically set forth in the last section of such Parts.
2019-S1506A - Details
- See Assembly Version of this Bill:
- A2006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S1506A - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2019-2020 state fiscal year; relates to residency requirements for the purpose of qualifying for certain scholarships and financial assistance for higher education; and repeals section 609-a of the education law as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed by legislative bill numbers S.1250 and A.782 (Part D); relates to the arts capital grants fund (Part F)
2019-S1506A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1506--A A. 2006--A S E N A T E - A S S E M B L Y January 18, 2019 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to a statement of the total funding allocation; to amend the education law, in relation to services aid; to amend the education law, in relation to moneys apportioned for boards of cooper- ative educational services aidable expenditures; to amend the educa- tion law, in relation to establishing regional STEM magnet schools; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to academic enhance- ment aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to the statewide universal full- day pre-kindergarten program; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; to amend the education law, in relation to waivers from duties; to amend the educa- tion law, in relation to annual teacher and principal evaluations; to amend the education law, in relation to the education of homeless children; to amend the education law, in relation to the suspension of pupils; to amend the education law, in relation to school safety plans; to amend the education law, in relation to including healthy relationships in health education; to amend the education law, in relation to authorizing and directing the commissioner of education to require that every school district adopt and distribute a policy regarding sex discrimination; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-02-9 S. 1506--A 2 A. 2006--A to reimbursements for the 2019-2020 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effective- ness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the educa- tion law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend chapter 91 of the laws of 2002, amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relat- ing to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effective- ness thereof; to amend chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, in relation to the effectiveness thereof; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effectiveness thereof; to amend chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; in relation to school bus driver train- ing; in relation to special apportionment for salary expenses and public pension accruals; in relation to the city school district of the city of Rochester; in relation to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2019-2020 school year; in relation to the support of public libraries; to repeal subparagraphs 2 and 3 of paragraph a of subdivision 1 of section 3609-a of the educa- tion law, relating to lottery apportionment and lottery textbook apportionment; and to repeal subparagraphs 1 and 2 of paragraph b of subdivision 4 of section 92-c of the state finance law, relating to the state lottery fund (Part A); to amend the education law, the busi- ness corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part B); to amend the education law, in relation to authorizing school bus stop cameras; and to amend the vehicle and traffic law, in relation to owner liability for operator illegally overtaking or passing a school bus and increasing fines for passing a stopped school bus (Part C); to amend the education law, in relation to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the high- er education opportunity programs and the collegiate science and tech- nology entry program; the definition of "resident"; financial aid opportunities for students of the state university of New York, the S. 1506--A 3 A. 2006--A city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of the education law relating thereto (Part D); to amend the education law, in relation to the accountability of proprietary institutions (Part E); to amend the state finance law, in relation to the arts capital grants fund (Part F); to utilize reserves in the mortgage insurance fund for vari- ous housing purposes (Part G); to amend the social services law, in relation to the initial period of licensure or registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto (Part H); to amend the social services law, in relation to federally required background clearances for persons working in resi- dential foster care programs (Part I); to amend the social services law, in relation to residential programs for domestic violence victims; and repealing certain provisions of such law relating thereto (Part J); to amend the family court act, the social services law and the executive law, in relation to persons in need of supervision; and to repeal certain provisions of the family court act and the executive law relating thereto (Part K); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part L); to amend the social services law, in relation to appointment of a temporary opera- tor authority (Subpart A); and to amend part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Subpart B) (Part M); to amend the social services law, in relation to permitting social services districts to assign individuals to participate in time-limited job try-outs as an allowable work activity leading to unsubsidized employment (Part N); to amend the labor law, in relation to increasing criminal penalties for convictions of failures to pay wages (Part O); to amend the labor law, in relation to amending unemployment insurance benefits for earnings disregard (Part P); to amend the executive law, in relation to prohib- iting wage or salary history inquiries; and to amend the labor law, in relation to the prohibition of a differential rate of pay on the basis of protected class status (Part Q); to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes (Part R); to amend the executive law, in relation to expanding the scope of unlawful discri- minatory practices to include public educational institutions (Part S); to amend the executive law, in relation to preventing discrimi- nation based on lawful source of income in housing (Part T); to amend the general obligations law, in relation to the amount of security deposit that a landlord may charge a tenant (Part U); to amend the executive law, the general obligations law and the labor law, in relation to the implementation of sexual harassment protocols (Part V); to amend the general business law, in relation to enacting the pension poaching prevention act (Part W); to amend the executive law, in relation to amending the definition of pregnancy-related condition (Part X); to amend the education law, in relation to prohibiting mental health professionals from engaging in sexual orientation change S. 1506--A 4 A. 2006--A efforts with a patient under the age of eighteen years and expanding the definition of professional misconduct with respect to mental health professionals (Part Y); establishing the "rent regulation act of 2019" (Part Z); and to amend the election law, the executive law, the state finance law, the labor law, the vehicle and traffic law, the environmental conservation law, the public health law, the general municipal law, the military law, the domestic relations law, the education law, the mental hygiene law, the elder law, the social services law, the not-for-profit corporation law, the real property tax law, chapter 784 of the laws of 1951, constituting the New York state defense emergency act of 1951, the administrative code of the city of New York, and the New York city charter, in relation to chang- ing the name of the New York state division of veterans' affairs to the New York state division of veterans' services; and to amend the executive law, in relation to changing the name of the veterans' affairs commission to the veterans' services commission (Part AA) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2019-2020 state fiscal year. Each component is wholly contained within a Part identified as Parts A through AA. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the S. 1506--A 5 A. 2006--A two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two S. 1506--A 6 A. 2006--A thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjust- ment computed pursuant to chapter fifty-three of the laws of two thou- sand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activities in the current year. § 2. Section 3614 of the education law, as added by section 4 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 3614. Statement of the total funding allocation. 1. Notwithstanding any provision of law, rule or regulation to the contrary, commencing with the two thousand eighteen--two thousand nineteen school year for school districts which contain at least four schools as reported in the school report card database produced by the commissioner for the two thousand sixteen--two thousand seventeen school year and which receive at least fifty percent of total revenue from state aid as reported in the fiscal profiles master files report produced by the commissioner concerning data on school district expenditures and revenues for the two thousand fifteen--two thousand sixteen school year and for school districts located in a city with a population of more than one million, and commencing with the two thousand nineteen--two thousand twenty school year for school districts containing at least four schools as reported in the school report card database produced by the commissioner for the two thousand sixteen--two thousand seventeen school year, and commencing with the two thousand twenty--two thousand twenty-one school year for all [other] school districts eligible for an apportionment pursuant to subdivision four of section thirty-six hundred two of this part, such school districts shall annually submit to the commissioner and the director of the budget and shall make publicly available and on S. 1506--A 7 A. 2006--A the district website a detailed statement of the total funding allo- cation for each school in the district for the upcoming school budget year [prior to the first day of] ON OR BEFORE THE FRIDAY PRIOR TO LABOR DAY OF such school year, provided that: a. Such statements shall be in a statewide uniform form developed by the director of the budget, in consultation with the commissioner, provided that when preparing statements districts shall adhere to and complete the prescribed form accurately and fully, and provided further that the director of the budget shall request in such form only informa- tion that is known to, or may be ascertained or estimated by, the district. Provided, further, that each local educational agency shall include in such statement the approach used to allocate funds to each school and that such statement shall include but not be limited to sepa- rate entries for each individual school, demographic data for the school, per pupil funding level, source of funds, and uniform decision rules regarding allocation of centralized spending to individual schools from all funding sources. b. Within [thirty] NINETY days of submission of such statement by a school district, the commissioner and director of the budget shall review such statement and determine whether the statement is complete and is in the format required by paragraph a of this subdivision. If such statement is determined to be complete and in the format required by paragraph a of this subdivision, a written acknowledgement of such shall be sent to the school district. If no determination is made by the commissioner and the director of the budget within [thirty] NINETY days of submission of the statement, such statement shall be deemed approved. Should the commissioner or the director of the budget request additional information from the school district to determine completeness, THE DISTRICT SHALL SUBMIT SUCH REQUESTED INFORMATION TO THE COMMISSIONER AND THE DIRECTOR OF THE BUDGET WITHIN THIRTY DAYS OF SUCH REQUEST AND the COMMISSIONER AND THE DIRECTOR OF THE BUDGET'S deadline FOR REVIEW AND DETERMINATION shall be extended by [thirty] NINETY days from the date of submission of the additional requested information. If the commissioner or director of the budget determine a school district's spending state- ment to be noncompliant, such school district shall be allowed to submit a revised spending statement at any time. c. If a school district fails to submit a statement that is complete and in the format required by paragraph a of this subdivision [by the first day] ON OR BEFORE THE FRIDAY PRIOR TO LABOR DAY of such school year or if the commissioner or director of the budget determine the school district's spending statement to be noncompliant, a written explanation shall be provided and the school district will have thirty days to cure. If the school district does not cure within thirty days, AT THE JOINT DIRECTION OF THE DIRECTOR OF THE BUDGET AND THE COMMISSION- ER, the comptroller of the city in which such school district is situ- ated, or if the city does not have an elected comptroller, the chief financial officer of the city, or for school districts not located in a city, the chief financial officer of the town in which the majority of the school district is situated shall be authorized, at his or her discretion, to obtain appropriate information from the school district, and shall be authorized to complete such form and submit such statement to the director of the budget and the commissioner for approval in accordance with paragraph b of this subdivision. Where the comptroller or chief financial officer exercises the authority to submit such form, such submission shall occur within sixty days following notification of the school district's failure to cure. Nothing in this paragraph shall S. 1506--A 8 A. 2006--A preclude a school district from submitting a spending statement for approval by the director of the budget and the commissioner at any time. 2. Nothing in this section shall alter or suspend statutory school district budget and voting or approval requirements. 3. A. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER, SCHOOL DISTRICTS DESIGNATED AS REQUIRING AN EQUITY PLAN SHALL SUBMIT SUCH PLAN AS DEFINED IN THIS SECTION ON OR BEFORE JULY FIRST OF SUCH SCHOOL YEAR TO THE COMMISSIONER FOR HIS OR HER APPROVAL. SUCH PLAN SHALL SPECIFY HOW THE SCHOOL DISTRICT WILL INCREASE PER PUPIL EXPENDITURES, FROM ALL SOURCES, IN UNDERFUNDED HIGH-NEED SCHOOLS UNDER THIS SUBDIVISION WITHIN SUCH DISTRICT ABOVE THE LEVEL AT WHICH THE SCHOOL DISTRICT WOULD HAVE OTHERWISE FUNDED SUCH SCHOOLS IN THE CURRENT YEAR IN ORDER TO MAINTAIN A LEVEL OF CURRENT SERVICES FROM THE BASE YEAR, INCLUDING BUT NOT LIMITED TO CONTRACTUAL SALARY INCREASES AND OTHER CONTINUATIONS. SUCH PLAN SHALL SPECIFY HOW THE DISTRICT WILL UTILIZE FOR THIS PURPOSE AN AMOUNT AT LEAST EQUAL TO THE PRODUCT OF THE EQUITY PERCENTAGE MULTIPLIED BY THE INCREASE IN FOUNDATION AID IN THE CURRENT YEAR PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. B. ON OR BEFORE MAY FIRST OF THE BASE YEAR, THE DIRECTOR OF THE BUDGET SHALL PRODUCE A LIST OF UNDERFUNDED HIGH-NEED SCHOOLS, AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION. PROVIDED, HOWEVER, THAT THE DIRECTOR OF THE BUDGET SHALL EXCLUDE FROM THIS LIST SCHOOLS WITHIN DISTRICT SEVEN- TY-FIVE OF THE CITY SCHOOL DISTRICT OF NEW YORK, SCHOOLS THAT ARE OF THE SAME SCHOOL TYPE WITHIN A DISTRICT BUT DO NOT SERVE ANY GRADE LEVELS THAT OVERLAP, SCHOOLS SERVING ONLY STUDENTS IN PREKINDERGARTEN, OR ANY OTHER SCHOOLS WITH IRREGULAR OR OUTLYING PROPERTIES. C. IN THE EVENT THAT A SCHOOL DISTRICT DESIGNATED AS REQUIRING AN EQUITY PLAN FOR ANY SUCH SCHOOL YEAR HAS NOT SUBMITTED AN EQUITY PLAN PURSUANT TO THIS SUBDIVISION THAT HAS BEEN APPROVED BY THE COMMISSIONER BY SEPTEMBER FIRST OF THE SCHOOL YEAR, NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER SHALL DEVELOP SUCH PLAN FOR THE SCHOOL DISTRICT, SPECIFYING THE INCREASE IN PER PUPIL EXPENDITURES REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION AT EACH UNDERFUNDED HIGH-NEED SCHOOL WITHIN THE SCHOOL DISTRICT, AND SHALL ORDER THE OFFICERS OF THE SCHOOL DISTRICT TO IMPLEMENT SUCH PLAN FULLY AND FAITHFULLY. D. FOR PURPOSES OF THIS SUBDIVISION: (1) "SCHOOL DISTRICTS DESIGNATED AS REQUIRING AN EQUITY PLAN" SHALL MEAN ANY SCHOOL DISTRICT THAT IS REQUIRED TO SUBMIT A STATEMENT UNDER SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR WITH AN UNDERFUNDED HIGH-NEED SCHOOL; (2) "EQUITY PERCENTAGE" SHALL MEAN THE PRODUCT OF TEN PERCENT MULTI- PLIED BY THE NUMBER OF UNDERFUNDED HIGH-NEED SCHOOLS WITHIN THE SCHOOL DISTRICT, BUT SHALL NOT EXCEED: (A) FIFTY PERCENT FOR ANY SCHOOL DISTRICT WHICH RECEIVES AT LEAST FIFTY PERCENT OF TOTAL REVENUE FROM STATE AID AS REPORTED IN THE FISCAL PROFILES MASTER FILES REPORT PRODUCED BY THE COMMISSIONER CONCERNING DATA ON SCHOOL DISTRICT EXPENDI- TURES AND REVENUES FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR; AND (B) SEVENTY-FIVE PERCENT FOR ANY OTHER SCHOOL DISTRICT; (3) "SCHOOL TYPE" FOR ANY SCHOOL SHALL MEAN ELEMENTARY, MIDDLE, HIGH, PRE-K ONLY, OR K-12, AS DEFINED BY THE COMMISSIONER, PROVIDED THAT FOR PURPOSES OF THIS SUBDIVISION, A "MIDDLE" SCHOOL SHALL INCLUDE ANY SCHOOL WITH THE GRADE ORGANIZATION OF EITHER A MIDDLE SCHOOL OR A JUNIOR HIGH SCHOOL, AND A "HIGH" SCHOOL SHALL INCLUDE ANY SCHOOL WITH THE GRADE ORGANIZATION OF EITHER A SENIOR HIGH SCHOOL OR A JUNIOR-SENIOR HIGH SCHOOL; S. 1506--A 9 A. 2006--A (4) "UNDERFUNDED HIGH-NEED SCHOOL" SHALL MEAN A SCHOOL WITHIN A SCHOOL DISTRICT THAT HAS BEEN DEEMED BOTH A SIGNIFICANTLY HIGH-NEED SCHOOL AND A SIGNIFICANTLY LOW FUNDED SCHOOL; (5) "STUDENT NEED INDEX" FOR ANY SCHOOL SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE WEIGHTED STUDENT ENROLLMENT AS DEFINED HEREIN BY THE K-12 ENROLLMENT FOR THE BASE YEAR AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; (6) "AVERAGE STUDENT NEED INDEX BY SCHOOL TYPE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE SUM OF WEIGHTED STUDENT ENROLLMENT AS DEFINED HEREIN FOR ALL SCHOOLS WITHIN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE BY THE K-12 ENROLLMENT FOR THE BASE YEAR FOR ALL SCHOOLS IN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; (7) "WEIGHTED STUDENT ENROLLMENT" FOR ANY SCHOOL SHALL MEAN THE SUM OF: (A) K-12 ENROLLMENT PLUS (B) THE PRODUCT OF THE NUMBER OF STUDENTS ELIGIBLE TO RECEIVE FREE AND REDUCED PRICE LUNCH MULTIPLIED BY SIXTY- FIVE ONE-HUNDREDTHS (0.65) PLUS (C) THE PRODUCT OF THE NUMBER OF ENGLISH LANGUAGE LEARNERS MULTIPLIED BY ONE-HALF (0.5), PLUS (D) THE PRODUCT OF THE NUMBER OF STUDENTS WITH DISABILITIES MULTIPLIED BY ONE AND FORTY-ONE ONE-HUNDREDTHS (1.41), FOR THE BASE YEAR AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; (8) "SIGNIFICANTLY HIGH-NEED SCHOOL" SHALL MEAN A SCHOOL WITH A STUDENT NEED INDEX GREATER THAN THE PRODUCT OF THE AVERAGE STUDENT NEED INDEX BY SCHOOL TYPE WITHIN THE SCHOOL DISTRICT MULTIPLIED BY ONE AND FIVE ONE-HUNDREDTHS (1.05); (9) "PER PUPIL EXPENDITURES" FOR ANY SCHOOL SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE EXPENDITURE AMOUNT AS REPORTED FOR THE BASE YEAR IN THE STATEMENT REQUIRED PURSUANT TO THIS SECTION, EXCLUDING EXPENDITURES FOR PREKINDERGARTEN AND PRESCHOOL SPECIAL EDUCATION PROGRAMS AND CENTRAL DISTRICT COSTS BY THE WEIGHTED STUDENT ENROLLMENT OF THE SCHOOL; (10) "AVERAGE PER PUPIL EXPENDITURES BY SCHOOL TYPE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF THE EXPENDITURE AMOUNTS REPORTED FOR THE BASE YEAR IN THE STATEMENT REQUIRED PURSUANT TO THIS SECTION, EXCLUDING EXPENDITURES FOR PREKINDERGARTEN AND PRESCHOOL SPECIAL EDUCATION PROGRAMS AND CENTRAL DISTRICT COSTS, FOR ALL SCHOOLS WITHIN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE BY (B) THE WEIGHTED STUDENT ENROLLMENT FOR THE BASE YEAR FOR ALL SCHOOLS IN A SCHOOL DISTRICT OF THE SAME SCHOOL TYPE AS REPORTED ON THE STATEMENT REQUIRED PURSUANT TO THIS SECTION; (11) "SIGNIFICANTLY LOW FUNDED SCHOOL" SHALL MEAN A SCHOOL WITHIN A SCHOOL DISTRICT THAT HAS PER PUPIL EXPENDITURES LESS THAN THE PRODUCT OF THE AVERAGE PER PUPIL EXPENDITURES BY SCHOOL TYPE WITHIN THE SCHOOL DISTRICT MULTIPLIED BY ONE AND FIVE ONE-HUNDREDTHS (1.05). (12) "BASE YEAR" SHALL MEAN THE BASE YEAR AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. (13) "CURRENT YEAR" SHALL MEAN THE CURRENT YEAR AS DEFINED IN PARA- GRAPH A OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. § 3. Paragraph bb of subdivision 1 of section 3602 of the education law, as added by section 25 of part A of chapter 58 of the laws of 2011, is amended to read as follows: bb. "Personal income growth index" shall mean (1) for the two thousand twelve--two thousand thirteen school year, the average of the quotients for each year in the period commencing with the two thousand five--two thousand six state fiscal year and finishing with the two thousand nine- S. 1506--A 10 A. 2006--A -two thousand ten state fiscal year of the total personal income of the state for each such year divided by the total personal income of the state for the immediately preceding state fiscal year, but not less than one [and], (2) for the two thousand thirteen--two thousand fourteen [school year and each school year thereafter] THROUGH TWO THOUSAND EIGH- TEEN--TWO THOUSAND NINETEEN SCHOOL YEARS, the quotient of the total personal income of the state for the state fiscal year one year prior to the state fiscal year in which the base year commenced divided by the total personal income of the state for the immediately preceding state fiscal year, but not less than one AND (3) FOR THE TWO THOUSAND NINE- TEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, THE AVERAGE OF THE QUOTIENTS FOR EACH YEAR IN THE PERIOD COMMENCING WITH THE STATE FISCAL YEAR NINE YEARS PRIOR TO THE STATE FISCAL YEAR IN WHICH THE BASE YEAR BEGAN AND FINISHING WITH THE STATE FISCAL YEAR PRIOR TO THE STATE FISCAL YEAR IN WHICH THE BASE YEAR BEGAN OF THE TOTAL PERSONAL INCOME OF THE STATE FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT NOT LESS THAN ONE. § 4. Paragraph e of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: e. Community schools aid set-aside. Each school district shall set aside from its total foundation aid computed for the current year pursu- ant to this subdivision an amount equal to the sum of (i) the amount, if any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the data file produced by the commissioner in support of the enacted budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", (ii) the amount, if any, set forth for such district as "COMMUNITY SCHL INCR" in the data file produced by the commissioner in support of the executive budget request for the two thousand seven- teen--two thousand eighteen school year and entitled "BT171-8", [and] (iii) the amount, if any, set forth for such district as "COMMUNITY SCHOOLS INCREASE" in the data file produced by the commissioner in support of the executive budget for the two thousand eighteen--two thou- sand nineteen school year and entitled "BT181-9", AND (IV) THE AMOUNT, IF ANY, SET FORTH FOR SUCH DISTRICT AS "19-20 COMMUNITY SCHOOLS INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND ENTITLED "BT192-0". Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount to support the transformation of school build- ings into community hubs to deliver co-located or school-linked academ- ic, health, mental health, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordinator, or to support other costs incurred to maximize students' academic achievement. Each school district shall use such "COMMUNITY SCHL INCR" amount to support the transformation of school buildings into community hubs to deliver co-lo- cated or school linked academic, health, mental health services and personnel, after-school programming, dual language programs, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordina- tor and programs for English language learners, or to support other costs incurred to maximize students' academic achievement, provided however that a school district whose "COMMUNITY SCHL INCR" amount exceeds one million dollars ($1,000,000) shall use an amount equal to the greater of one hundred fifty thousand dollars ($150,000) or ten S. 1506--A 11 A. 2006--A percent of such "COMMUNITY SCHL INCR" amount to support such transforma- tion at schools with extraordinary high levels of student need as iden- tified by the commissioner, subject to the approval of the director of the budget. Each school district shall use such "COMMUNITY SCHOOLS INCREASE" to support the transformation of school buildings into commu- nity hubs to deliver co-located or school linked academic, health, mental health services and personnel, after-school programming, dual language programs, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordinator and programs for English language learners, or to support other costs incurred to maximize students' academic achievement. EACH SCHOOL DISTRICT SHALL USE SUCH "19-20 COMMU- NITY SCHOOLS INCR" TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER CO-LOCATED OR SCHOOL LINKED ACADEMIC, HEALTH, MENTAL HEALTH SERVICES AND PERSONNEL, AFTER-SCHOOL PROGRAMMING, DUAL LANGUAGE PROGRAMS, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY SCHOOL SITE COORDINATOR AND PROGRAMS FOR ENGLISH LANGUAGE LEARNERS. § 5. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph g to read as follows: G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA- RY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR SHALL EQUAL THE SUM OF THE FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE BASE INCREASE PLUS THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY COMMUNITY SCHOOLS INCREASE, BOTH AS DEFINED IN THIS PARAGRAPH. (1) THE BASE INCREASE SHALL EQUAL THE GREATER OF TIERS A, B, C, OR D AS DEFINED IN THIS SUBPARAGRAPH. (A) TIER A SHALL EQUAL THE PRODUCT OF THE PHASE-IN FACTOR MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (A) THE PRODUCT OF THE TOTAL AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION AID LESS (B) THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, WHERE "PHASE-IN FACTOR" SHALL MEAN (1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, ELEVEN THOUSAND NINE HUNDRED THIRTY-FOUR HUNDRED THOUSANDTHS (0.11934), AND (2) FOR ALL OTHER SCHOOL DISTRICTS, FIVE ONE-THOUSANDTHS (0.005). (B) TIER B SHALL EQUAL, FOR DISTRICTS WITH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN ONE AND AN EXTRAORDINARY NEEDS PERCENT FOR THE DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION GREATER THAN THREE HUNDRED FIFTEEN ONE-THOUSANDTHS (0.315), THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF THE EN BASE INCREASE PLUS THE SPARSITY INCREASE, WHERE "EN BASE INCREASE" SHALL MEAN THE PRODUCT, TRUNCATED TO TWO DECIMALS, OF THE EXTRAORDINARY NEEDS INDEX MULTIPLIED BY NINETY-SEVEN DOLLARS AND THREE CENTS ($97.03); "EXTRAORDINARY NEEDS INDEX" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE EXTRAORDINARY NEEDS PERCENT BY THE QUOTIENT ARRIVED AT WHEN DIVIDING THE STATEWIDE EXTRAORDINARY NEEDS COUNT COMPUTED PURSUANT TO PARAGRAPH S OF SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE TOTAL PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; "SPARSITY INCREASE" SHALL MEAN, FOR DISTRICTS WITH A SPARSITY FACTOR COMPUTED PURSUANT TO S. 1506--A 12 A. 2006--A PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO AND OTHERWISE ELIGIBLE FOR THIS TIER, THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX AS COMPUTED HEREIN MULTIPLIED BY THIRTY DOLLARS ($30.00). (C) TIER C SHALL EQUAL, FOR ALL SCHOOL DISTRICTS, THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE PRODUCT OF THE TIER C RATIO MULTIPLIED BY ONE HUNDRED SEVENTY-THREE DOLLARS AND TWO AND ONE- HALF CENTS ($173.025), WHERE THE "TIER C RATIO" SHALL BE THE DIFFERENCE OF ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) LESS THE PRODUCT OF ONE AND SEVENTY-TWO HUNDREDTHS (1.72) MULTIPLIED BY THE PUPIL WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT SUCH RATIO SHALL NOT BE LESS THAN ZERO NOR MORE THAN NINE-TENTHS (0.9). (D) TIER D SHALL EQUAL, FOR ALL SCHOOL DISTRICTS, THE PRODUCT OF THE FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY TWENTY-FIVE TEN THOUSANDTHS (0.0025). (2) THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY COMMUNITY SCHOOLS INCREASE SHALL EQUAL THE GREATER OF TIERS ONE OR TWO, WHERE: (A) TIER ONE SHALL EQUAL, FOR ELIGIBLE SCHOOL DISTRICTS, THE TIER ONE PER PUPIL AMOUNT MULTIPLIED BY PUBLIC SCHOOL DISTRICT ENROLLMENT COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, WHERE THE TIER ONE PER PUPIL AMOUNT SHALL EQUAL THE PRODUCT OF EIGHTY- TWO DOLLARS AND SIXTY-THREE CENTS ($82.63) MULTIPLIED BY THE TIER ONE RATIO, WHERE THE TIER ONE RATIO SHALL EQUAL THE DIFFERENCE OF ONE LESS THE PRODUCT OF THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID MULTI- PLIED BY SIXTY-FOUR HUNDREDTHS (0.64), PROVIDED THAT SUCH RATIO SHALL NOT BE LESS THAN ZERO NOR GREATER THAN NINE-TENTHS (0.9). AN "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A SCHOOL DISTRICT WITH (I) AT LEAST ONE SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO PARAGRAPH (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND EIGH- TEEN OR, (II) A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN NINE-TENTHS (0.9), AND FIVE YEAR ELL GROWTH GREATER THAN THE GREATER OF ONE HUNDRED (100) PUPILS OR THE GROWTH THRESHOLD, WHERE "FIVE YEAR ELL GROWTH" SHALL EQUAL THE POSITIVE DIFFERENCE OF THE ENGLISH LANGUAGE LEARNER COUNT FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR LESS SUCH COUNT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, AND WHERE "GROWTH THRESHOLD" SHALL EQUAL THE PROD- UCT OF THE ENGLISH LANGUAGE LEARNER COUNT FOR THE TWO THOUSAND THIR- TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR MULTIPLIED BY ONE-TENTH (0.1). (B) TIER TWO SHALL EQUAL, FOR ALL SCHOOL DISTRICTS WITH A COMMUNITY SCHOOLS SETASIDE PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION GREATER THAN ZERO, THE POSITIVE DIFFERENCE, IF ANY, OF ONE HUNDRED THOUSAND DOLLARS ($100,000) LESS SUCH COMMUNITY SCHOOLS SETASIDE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR PURSUANT TO PARA- GRAPH E OF THIS SUBDIVISION. § 5-a. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: (ii) Phase-in foundation increase factor. For the two thousand eleven--two thousand twelve school year, the phase-in foundation increase factor shall equal thirty-seven and one-half percent (0.375) and the phase-in due minimum percent shall equal nineteen and forty-one hundredths percent (0.1941), for the two thousand twelve--two thousand thirteen school year the phase-in foundation increase factor shall equal S. 1506--A 13 A. 2006--A one and seven-tenths percent (0.017), for the two thousand thirteen--two thousand fourteen school year the phase-in foundation increase factor shall equal (1) for a city school district in a city having a population of one million or more, five and twenty-three hundredths percent (0.0523) or (2) for all other school districts zero percent, for the two thousand fourteen--two thousand fifteen school year the phase-in founda- tion increase factor shall equal (1) for a city school district of a city having a population of one million or more, four and thirty-two hundredths percent (0.0432) or (2) for a school district other than a city school district having a population of one million or more for which (A) the quotient of the positive difference of the foundation formula aid minus the foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by the foundation formula aid is greater than twenty-two percent (0.22) and (B) a combined wealth ratio less than thirty-five hundredths (0.35), seven percent (0.07) or (3) for all other school districts, four and thirty-one hundredths percent (0.0431), and for the two thousand fifteen--two thousand sixteen school year the phase-in foundation increase factor shall equal: (1) for a city school district of a city having a population of one million or more, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected foundation aid is greater than nineteen percent (0.19), and where the district's combined wealth ratio is less than thirty-three hundredths (0.33), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty-one thousandths percent (0.04751); or (6) for all other districts one percent (0.01), and for the two thousand sixteen--two thousand seventeen school year the foundation aid phase-in increase factor shall equal for an eligible school district the greater of: (1) for a city school district in a city with a population of one million or more, seven and seven hundred eighty four thousandths percent (0.07784); or (2) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million as of the most recent federal decennial census, seven and three hundredths percent (0.0703); or (3) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thou- sand as of the most recent federal decennial census, six and seventy-two hundredths percent (0.0672); or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thousand as of the most recent federal decennial census, six S. 1506--A 14 A. 2006--A and seventy-four hundredths percent (0.0674); or (5) for a city school district in a city with a population of more than one hundred twenty- five thousand but less than one hundred fifty thousand as of the most recent federal decennial census, nine and fifty-five hundredths percent (0.0955); or (6) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5" with a combined wealth ratio less than one and four tenths (1.4), nine percent (0.09), provided, however, that for such districts that are also districts designated as high need urban-suburban pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", nine and seven hundred and nineteen thousandths percent (0.09719); or (7) for school districts designated as high need rural pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for school districts designated as high need urban-suburban pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thou- sand eight school year and entitled "SA0708", seven hundred nineteen thousandths percent (0.00719); or (9) for all other eligible school districts, forty-seven hundredths percent (0.0047), provided further that for the two thousand seventeen--two thousand eighteen school year the foundation aid increase phase-in factor shall equal (1) for school districts with a census 2000 poverty rate computed pursuant to paragraph q of subdivision one of this section equal to or greater than twenty-six percent (0.26), ten and three-tenths percent (0.103), or (2) for a school district in a city with a population in excess of one million or more, seventeen and seventy-seven one-hundredths percent (0.1777), or (3) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million, as of the most recent decennial census, twelve and sixty-nine hundredths percent (0.1269) or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thou- sand, as of the most recent federal decennial census, ten and seventy- eight one hundredths percent (0.1078), or (5) for a city school district in a city with a population of more than one hundred twenty-five thou- sand but less than one hundred fifty thousand as of the most recent federal decennial census, nineteen and one hundred eight one-thousandths percent (0.19108), or (6) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thousand as of the most recent federal decennial census, ten and six-tenths percent (0.106), or (7) for all other districts, four and eighty-seven one-hundredths percent (0.0487), and for the two thousand [nineteen] TWENTY--two thousand [twenty] TWENTY-ONE school year and thereafter the commissioner shall annually determine the phase-in foun- dation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein. S. 1506--A 15 A. 2006--A § 6. Paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: d. For the two thousand fourteen--two thousand fifteen through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years a city school district of a city having a population of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. § 7. Subparagraph 4 of paragraph e of subdivision 3 of section 3602 of the education law, as added by section 13 of part B of chapter 57 of the laws of 2007, is amended to read as follows: (4) The building aid ratio shall be computed by subtracting from one the product obtained by multiplying the resident weighted average daily attendance wealth ratio by fifty-one percent. Such aid ratio shall be expressed as a decimal carried to three places without rounding, but shall not be less than (I) FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY AND PRIOR SCHOOL YEARS, zero , OR (II) FOR THE TWO THOUSAND TWEN- TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, FIVE ONE-HUN- DREDTHS (0.05). § 8. Subparagraph 2 of paragraph a of subdivision 6 of section 3602 of the education law, as amended by section 5 of part A of chapter 60 of the laws of 2000, is amended to read as follows: (2) Where a school district has expenditures for site purchase, grad- ing or improvement of the site, original furnishings, equipment, machin- ery or apparatus, or professional fees, or other incidental costs, the cost allowances for new construction and the purchase of existing struc- tures may be increased by the actual expenditures for such purposes but by not more than: (I) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AN AMOUNT EQUAL TO the product of the applicable cost allowance established pursuant to subparagraph one of this paragraph and twenty per centum for school buildings or additions housing grades prekinder- garten through six and by not more than the product of such cost allow- ance and twenty-five per centum for school buildings or additions hous- ing grades seven through twelve and by not more than the product of such cost allowance and twenty-five per centum for school buildings or addi- tions housing special education programs as approved by the commissioner; AND (II) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AN AMOUNT EQUAL TO THE PRODUCT OF THE LESSER OF THE COST ALLOWANCE COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH OR THE ACTUAL COSTS RELATING TO THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHA- BILITATION OR IMPROVEMENT OF A SCHOOL BUILDING AND TWENTY PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES PREKINDERGARTEN THROUGH SIX AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER AMOUNT AND TWENTY-FIVE PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES SEVEN THROUGH TWELVE AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER AMOUNT AND TWENTY-FIVE PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING SPECIAL EDUCATION PROGRAMS AS APPROVED BY THE COMMISSIONER. S. 1506--A 16 A. 2006--A § 9. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6 of section 3602 of the education law, as amended by section 12-a of part L of chapter 57 of the laws of 2005, is amended to read as follows: (ii) Apportionment. The apportionment pursuant to this subparagraph shall equal the product of such eligible approved expenses determined in accordance with the provisions of clause (i) of this subparagraph and this section and the incentive decimal computed for use in the year in which the project was approved. The incentive decimal shall equal: (A) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU- SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, the positive remainder resulting when the district's building aid ratio selected pursuant to paragraph c of this subdivision is subtracted from the enhanced building aid ratio. The enhanced building aid ratio shall equal the sum of the building aid ratio selected for use in the current year pursuant to paragraph c of this subdivision and one-tenth, computed to three deci- mals without rounding, but not more than (a) ninety-eight hundredths for a high need school district, as defined pursuant to regulations of the commissioner, for all school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more, on or after July first, two thousand five, or (b) ninety-five hundredths for any other school build- ing project or school district, nor less than one-tenth; AND (B) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU- SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE POSITIVE REMAINDER RESULTING WHEN THE DISTRICT'S CURRENT YEAR BUILDING AID RATIO PURSUANT TO CLAUSE D OF SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS SUBDIVISION IS SUBTRACTED FROM THE ENHANCED BUILDING AID RATIO. THE ENHANCED BUILDING AID RATIO SHALL EQUAL THE SUM OF THE BUILDING AID RATIO SELECTED FOR USE IN THE CURRENT YEAR PURSUANT TO CLAUSE D OF SUBPARAGRAPH TWO OF PARA- GRAPH C OF THIS SUBDIVISION AND SCALED INCENTIVE DECIMAL, COMPUTED TO THREE DECIMALS WITHOUT ROUNDING, BUT NOT MORE THAN (A) NINETY-EIGHT HUNDREDTHS FOR A HIGH-NEED SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGU- LATIONS OF THE COMMISSIONER AND USED FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU- LATION OF ONE MILLION OR MORE, OR (B) NINETY-FIVE HUNDREDTHS FOR ANY OTHER SCHOOL BUILDING PROJECT OR SCHOOL DISTRICT. THE SCALED INCENTIVE DECIMAL SHALL EQUAL (A) ONE-TENTH FOR A HIGH-NEED SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGULATIONS OF THE COMMISSIONER AND USED FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU- S. 1506--A 17 A. 2006--A SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR (B) THE PRODUCT OF ONE-TENTH MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION FOR ANY OTHER SCHOOL BUILDING PROJECT OR SCHOOL DISTRICT. § 10. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of section 3602 of the education law, as amended by section 15 of part B of chapter 57 of the laws of 2008, is amended and a new clause (d) is added to read as follows: (b) For aid payable in the school years two thousand--two thousand one and thereafter for all school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more, on or after July first, two thousand, AND PRIOR TO JULY FIRST, TWO THOUSAND NINETEEN, any school district shall compute aid under the provisions of this subdivision using the sum of the high-need supplemental building aid ratio, if any, computed pursuant to clause (c) of this subparagraph and the greater of (i) the building aid ratio computed for use in the current year; or (ii) a building aid ratio equal to the difference of the aid ratio that was used or that would have been used to compute an apportionment pursuant to this subdivision in the nineteen hundred ninety-nine--two thousand school year as such aid ratio is computed by the commissioner based on data on file with the department on or before July first of the third school year following the school year in which aid is first payable, less one-tenth; or (iii) for all such school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more, on or after July first, two thousand and on or before June thirtieth, two thousand four, for any school district for which the pupil wealth ratio is greater than two and five-tenths in the school year in which such school building project was approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more and for which the alternate pupil wealth ratio is less than eight- y-five hundredths in such school year, and for all such school building projects approved by the voters of the school district or by the board of education of a city school district in a city with more than one hundred twenty-five thousand inhabitants, and/or the chancellor in a city school district in a city having a population of one million or more, on or after July first, two thousand five and on or before June thirtieth, two thousand eight, for any school district for which the pupil wealth ratio was greater than two and five-tenths in the two thou- sand--two thousand one school year and for which the alternate pupil wealth ratio was less than eighty-five hundredths in the two thousand-- two thousand one school year, the additional building aid ratio; provided that, school districts who are eligible for aid under paragraph f of subdivision fourteen of this section may compute aid under the provisions of this subdivision using the difference of the highest of the aid ratios so computed for the reorganized district or the highest of the aid ratios so computed for any of the individual school districts S. 1506--A 18 A. 2006--A which existed prior to the date of the reorganized school district less one-tenth. (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY--TWO THOU- SAND TWENTY-ONE AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN, ANY SCHOOL DISTRICT SHALL COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE HIGH-NEED SUPPLEMENTAL BUILDING AID RATIO, IF ANY, COMPUTED PURSUANT TO CLAUSE (C) OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR USE IN THE CURRENT YEAR AS COMPUTED PURSUANT TO SUBPARAGRAPH FOUR OF PARAGRAPH E OF SUBDIVISION THREE OF THIS SECTION; PROVIDED THAT, SCHOOL DISTRICTS WHO ARE ELIGIBLE FOR AID UNDER PARAGRAPH F OF SUBDIVISION FOURTEEN OF THIS SECTION MAY COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE DIFFERENCE OF THE HIGHEST OF THE AID RATIOS SO COMPUTED PURSUANT TO THIS CLAUSE FOR THE REORGANIZED DISTRICT OR THE HIGHEST OF THE AID RATIOS SO COMPUTED FOR ANY OF THE INDIVIDUAL SCHOOL DISTRICTS WHICH EXISTED PRIOR TO THE DATE OF THE REORGANIZED SCHOOL DISTRICT. § 11. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph ii to read as follows: II. "SERVICES AID BASE" FOR THE PURPOSES OF THIS SECTION FOR AID PAYA- BLE IN THE (I) TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, SHALL EQUAL THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR, AS COMPUTED BY THE COMMISSIONER BASED ON DATA ON FILE WITH THE EDUCATION DEPARTMENT ON NOVEMBER FIFTEENTH, TWO THOUSAND NINETEEN FOR: (1) THE APPORTIONMENT FOR TEXTBOOKS PROVIDED AND COMPUTED PURSUANT TO SECTION SEVEN HUNDRED ONE OF THIS CHAPTER; (2) AID FOR THE PURCHASE OF SCHOOL LIBRARY MATERIALS COMPUTED PURSUANT TO SECTION SEVEN HUNDRED ELEVEN OF THIS CHAPTER; (3) AID FOR COMPUTER SOFTWARE PURCHASES COMPUTED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER; (4) INSTRUCTIONAL COMPUTER HARDWARE AND TECHNOLOGY EQUIPMENT APPOR- TIONMENT COMPUTED PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER; (5) BOCES AID COMPUTED PURSUANT TO SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER; (6) SUPPLEMENTAL PUBLIC EXCESS COST AID COMPUTED PURSUANT TO SUBDIVI- SION FIVE-A OF THIS SECTION; (7) TRANSPORTATION AID COMPUTED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION; (8) SPECIAL SERVICES AID FOR LARGE CITY SCHOOL DISTRICTS AND OTHER SCHOOL DISTRICTS WHICH WERE NOT COMPONENTS OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE BASE YEAR COMPUTED PURSUANT TO SUBDIVISION TEN OF THIS SECTION; (9) ACADEMIC ENHANCEMENT AID COMPUTED PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION; (10) HIGH TAX AID COMPUTED PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION; (11) TRANSITIONAL AID FOR CHARTER SCHOOL PAYMENTS COMPUTED PURSUANT TO SUBDIVISION FORTY-ONE OF THIS SECTION; AND (II) IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY--TWO SCHOOL YEAR AND THEREAFTER SHALL EQUAL THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE S. 1506--A 19 A. 2006--A TO RECEIVE IN THE BASE YEAR PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION. § 12. Section 3602 of the education law is amended by adding a new subdivision 19 to read as follows: 19. SERVICES AID. A. NOTWITHSTANDING SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, AND NINETEEN HUNDRED FIFTY OF THIS CHAPTER AND SUBDIVISIONS FIVE-A, SEVEN, TEN, TWELVE, SIXTEEN, AND FORTY-ONE OF THIS SECTION, FOR THE TWO THOU- SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, IN LIEU OF SUCH APPORTIONMENTS, A SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A SERVICES AID APPORTIONMENT IN THE AMOUNT OF THE PRODUCT OF THE SERVICES AID BASE COMPUTED PURSUANT TO PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF ONE AND (A) THE CONSUMER PRICE INDEX COMPUTED PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION FOR THE CURRENT YEAR PLUS (B) THE ANNUAL CHANGE IN RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE, PROVIDED THAT SUCH SUM IS NOT LESS THAN ONE (1.0). PROVIDED FURTHER, FOR THE PURPOSES OF THIS SECTION, "ANNUAL CHANGE IN RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE" SHALL MEAN THE QUOTIENT OF (A) THE DIFFERENCE OF THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION ONE OF THIS SECTION FOR THE YEAR PRIOR TO THE BASE YEAR LESS SUCH RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE FOR THE YEAR TWO YEARS PRIOR TO THE BASE YEAR DIVIDED BY (B) THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE FOR THE YEAR TWO YEARS PRIOR TO THE BASE YEAR. B. FOR THE PURPOSES OF THIS CHAPTER, "BOCES PAYMENT ADJUSTMENT" SHALL MEAN THE AMOUNT COMPUTED FOR THE APPORTIONMENT PURSUANT TO SECTION NINE- TEEN HUNDRED FIFTY OF THIS CHAPTER FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AS COMPUTED BY THE COMMISSIONER BASED ON DATA ON FILE WITH THE EDUCATION DEPARTMENT ON NOVEMBER FIFTEENTH, TWO THOUSAND NINETEEN. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY THE BOCES PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY- SIX HUNDRED NINE-D OF THIS CHAPTER. § 13. The opening paragraph of section 3609-d of the education law, as amended by section 20 of part L of chapter 57 of the laws of 2005, is amended to read as follows: Notwithstanding the provisions of section thirty-six hundred nine-a of this article, apportionments payable pursuant to section nineteen hundred fifty of this chapter, AND THE BOCES PAYMENT ADJUSTMENT PAYABLE PURSUANT TO SUBDIVISION NINETEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER shall be paid pursuant to this section. For aid payable in the two thousand four--two thousand five school year and thereafter, "moneys apportioned" shall mean the lesser of (i) one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing produced by the commissioner in support of the budget including the appropriation for support of boards of cooperative educational services for payments due prior to April first for the current year, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payment to be made in the month of June of two thousand six such calcu- lation shall be based on the school aid computer listing for the current year using updated data at the time of each payment. For districts subject to chapter five hundred sixty-three of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two thousand forty of this chapter, for aid payable in the two thousand four--two thousand five school year and thereafter, "moneys apportioned" shall mean the appor- S. 1506--A 20 A. 2006--A tionment calculated by the commissioner based on data on file at the time the payment is processed. The "school aid computer listing for the current year" shall be as defined in the opening paragraph of section thirty-six hundred nine-a of this article. The definitions "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this article shall apply to this section. § 14. Subparagraphs 2 and 3 of paragraph a of subdivision 1 of section 3609-a of the education law are REPEALED. § 14-a. Subparagraph 1 of paragraph b of subdivision 4 of section 92-c of the state finance law is REPEALED. § 15. The education law is amended by adding a new article 39-A to read as follows: ARTICLE 39-A REGIONAL STEM MAGNET SCHOOLS SECTION 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS. § 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS. 1. A. A REGIONAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) MAGNET SCHOOL MAY BE ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO THIS SECTION FOR STUDENTS IN GRADES NINE THROUGH TWELVE, AND SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF EDUCATION. B. A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT TO THE COMMISSIONER A PROPOSED PLAN FOR THE OPERATION OF SUCH SCHOOL FOR HIS OR HER APPROVAL, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER. C. SUCH SCHOOL SHALL BE GOVERNED BY THE BOARD OF EDUCATION OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. D. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE RESPONSI- BILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING CURRICULUM, GRADING, AND STAFFING. E. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE SUCH SCHOOL. F. FOR PURPOSES OF THIS SECTION, THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES. G. STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE ENROLLED IN THEIR SCHOOL DISTRICT OF RESIDENCE, AND EACH SCHOOL DISTRICT OF RESI- DENCE SHALL BE RESPONSIBLE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO THEIR RESIDENT STUDENTS WHO ATTENDED THE SCHOOL BASED ON SUCH STUDENTS' SUCCESSFUL COMPLETION OF THE SCHOOL'S EDUCATIONAL PROGRAM. H. FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAP- TER, STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE TREATED AND COUNTED AS STUDENTS OF THEIR SCHOOL DISTRICT OF RESIDENCE. I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR PROVID- ING OR ARRANGING FOR TRANSPORTATION TO ITS RESIDENT STUDENTS ATTENDING SUCH SCHOOL, IN ACCORDANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION. J. ALL EMPLOYEES OF THE SCHOOL SHALL BE CONSIDERED EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. K. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO A LEASE WITH RESPECT TO SUITABLE LAND, CLASSROOMS, OFFICES OR BUILDINGS IN WHICH TO MAINTAIN AND CONDUCT SUCH SCHOOL PURSUANT TO SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. L. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH A METHODOLOGY FOR THE APPORTIONMENT OF OPERATIONAL AND ADMINISTRATIVE COSTS OF SUCH SCHOOL BETWEEN PARTICIPATING SCHOOL DISTRICTS; PROVIDED, S. 1506--A 21 A. 2006--A HOWEVER, THAT NO COSTS SHALL BE APPORTIONED TO COMPONENT SCHOOL DISTRICTS THAT ELECT NOT TO PARTICIPATE IN SUCH SCHOOL. M. THE TRUSTEES OR BOARD OF EDUCATION OF A NON-COMPONENT SCHOOL DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH A BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PARTICIPATE IN SUCH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD OF EDUCATION AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY MUTUALLY AGREE, PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION COSTS OF SUCH PROGRAM, BUT PARTICIPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. N. A SCHOOL MAY BE JOINTLY OPERATED BY TWO BOARDS OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO AN INTERMUNICIPAL SHARING AGREEMENT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW. UPON ADOPTION OF A BUDGET FOR THE PROGRAM FOR A SCHOOL YEAR, COSTS SHALL BE ALLOCATED BETWEEN EACH BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES IN A MANNER PROVIDED IN THE INTERMUNICIPAL SHARING AGREEMENT AND INCLUDED IN THE BUDGETS OF EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICE. O. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. § 16. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 10 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". § 17. Subdivision 12 of section 3602 of the education law, as amended by section 13 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 12. Academic enhancement aid. A school district that as of April first of the base year has been continuously identified as a district in need of improvement for at least five years shall, for the two thousand eight--two thousand nine school year, be entitled to an additional apportionment equal to the positive remainder, if any, of (a) the lesser of fifteen million dollars or the product of the total foundation aid base, as defined by paragraph j of subdivision one of this section, multiplied by ten percent (0.10), less (b) the positive remainder of (i) the sum of the total foundation aid apportioned pursuant to subdivision four of this section and the supplemental educational improvement grants apportioned pursuant to subdivision eight of section thirty-six hundred forty-one of this article, less (ii) the total foundation aid base. For the two thousand nine--two thousand ten through two thousand four- teen--two thousand fifteen school years, each school district shall be entitled to an apportionment equal to the amount set forth for such S. 1506--A 22 A. 2006--A school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. For the two thousand fifteen--two thousand sixteen year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the head- ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand four- teen--two thousand fifteen school year and entitled "SA141-5", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. For the two thousand sixteen--two thousand seventeen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2015-16 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand fifteen--two thousand sixteen school year and entitled "SA151-6", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. For the two thousand seventeen--two thousand eighteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. For the two thousand eighteen--two thousand nineteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand seventeen--two thousand eighteen school year and entitled "SA171-8", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEADING "2018-19 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND ENTITLED "SA181-9", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. § 18. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 14 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: S. 1506--A 23 A. 2006--A Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 19. Subdivision 16 of section 3602-ee of the education law, as amended by section 19 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [nineteen] TWENTY; provided that the program shall continue and remain in full effect. § 20. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the S. 1506--A 24 A. 2006--A state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND EIGHTEEN- -TWO THOUSAND NINETEEN school year [and thereafter], the commissioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety-six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational interests of the district pursuant to guidelines developed by the commissioner and approved by the director of the budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS, THE COMMISSION- ER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED S. 1506--A 25 A. 2006--A BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY STATE FISCAL YEAR AND ENTITLED "BT192-0", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY- THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. § 21. The opening paragraph of section 3609-a of the education law, as amended by section 21 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand eighteen--two thousand nineteen school year, "moneys apportioned" shall mean the lesser of (i) the sum of one hundred percent of the respective amount set forth for each school district as payable pursuant to this section in the school aid computer listing for the current year produced by the commissioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and individualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdivision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdivision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision six of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivision twelve of section thirty-six hundred forty-one of this article, or (ii) the appor- tionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first busi- ness day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. [For aid payable in the two thousand eighteen--two thousand nineteen school year, reference to such "school aid computer listing for the current year" shall mean the print- outs entitled "SA181-9".] FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN- -TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" S. 1506--A 26 A. 2006--A SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE- TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR- TY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT192-0". § 22. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 22 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY. § 23. Subdivision 6 of section 4402 of the education law, as amended by section 23 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: S. 1506--A 27 A. 2006--A 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [nineteen] TWENTY of the two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commis- sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a population of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the appli- cable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certif- ication that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivision to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursuant to this subdivision, the commissioner shall be authorized to terminate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. § 24. The education law is amended by adding a new section 4403-a to read as follows: § 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL S. 1506--A 28 A. 2006--A BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. § 25. Section 3012-d of the education law is amended by adding a new subdivision 16 to read as follows: 16. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS AND MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR ADMIN- ISTERED TESTS SHALL NOT BE REQUIRED TO BE UTILIZED IN ANY MANNER TO DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION. B. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROVIDING ALTERNATIVE ASSESSMENTS THAT MAY BE USED IN GRADES THREE THROUGH EIGHT INSTEAD OF ALL OTHER STATE-CREATED OR ADMINISTERED TESTS, WHICH SHALL INCLUDE ALL OF THE ASSESSMENTS THAT HAVE BEEN APPROVED BY THE COMMIS- SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS. C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI- VISION FOUR OF THIS SECTION SHALL BE SUBJECT TO COLLECTIVE BARGAINING PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION TO THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE ANY CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT ON THE DATE THIS SUBDIVISION TAKES EFFECT AND UNTIL THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY; AND, PROVIDED FURTHER, HOWEVER, THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES AND RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS SECTION INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS S. 1506--A 29 A. 2006--A AND MATHEMATICS STATE ASSESSMENTS UNTIL THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT. § 26. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section 3012-d of the education law, subparagraph 1 as amended by section 3 of subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2 as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, are amended to read as follows: (1) For the first subcomponent, [(A) for a teacher whose course ends in a state-created or administered test for which there is a state-pro- vided growth model, such teacher shall have a state-provided growth score based on such model, which shall take into consideration certain student characteristics, as determined by the commissioner, including but not limited to students with disabilities, poverty, English language learner status and prior academic history and which shall identify educators whose students' growth is well above or well below average compared to similar students for a teacher's or principal's students after the certain student characteristics above are taken into account; and (B) for a teacher whose course does not end in a state-created or administered test such teacher] A TEACHER shall have a student learning objective (SLO) consistent with a goal-setting process determined or developed by the commissioner, that results in a student growth score; provided that, for any teacher whose course ends in a state-created or administered assessment [for which there is no state-provided growth model], such assessment [must] MAY be used as the underlying assessment for such SLO; (2) For the optional second subcomponent, a district may locally select a second measure in accordance with this subparagraph. Such second measure shall apply in a consistent manner, to the extent practi- cable, across the district and be either: (A) [a second state-provided growth score] BASED on a state-created or administered test [under clause (A) of subparagraph one of this paragraph], or (B) [a growth score] based on a state-designed supplemental assessment[, calculated using a state-provided or approved growth model]. The optional second subcomponent shall provide options for multiple assessment measures that are aligned to existing classroom and school best practices and take into consideration the recommendations in the testing reduction report as required by section one of subpart F of [the chapter] PART EE OF CHAPTER FIFTY-SIX of the laws of two thousand fifteen which added this section regarding the reduction of unnecessary additional testing. § 27. Subdivision 5 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: 5. Rating determination. The overall rating determination shall be determined [according to a methodology] as follows: a. [The following rules shall apply: a teacher or principal who is (1) rated using two subcomponents in the student performance category and receives a rating of ineffective in such category shall be rated inef- fective overall; provided, however, that if the measure used in the second subcomponent is a state-provided growth score on a state-created or administered test pursuant to clause (A) of subparagraph one of para- graph a of subdivision four of this section, a teacher or principal who receives a rating of ineffective in such category shall not be eligible to receive a rating of effective or highly effective overall; (2) rated using only the state measure subcomponent in the student performance category and receives a rating of ineffective in such category shall not be eligible to receive a rating of effective or highly effective over- S. 1506--A 30 A. 2006--A all; and (3) rated ineffective in the teacher observations category shall not be eligible to receive a rating of effective or highly effec- tive overall. b. Except as otherwise provided in paragraph a of this subdivision, a teacher's composite score shall be determined as follows: (1)] If a teacher receives an H in the teacher observation category, and an H in the student performance category, the teacher's composite score shall be H; [(2)] B. If a teacher receives an H in the teacher observation catego- ry, and an E in the student performance category, the teacher's compos- ite score shall be H; [(3)] C. If a teacher receives an H in the teacher observation catego- ry, and a D in the student performance category, the teacher's composite score shall be E; [(4)] D. If a teacher receives an H in the teacher observation catego- ry, and an I in the student performance category, the teacher's compos- ite score shall be D; [(5)] E. If a teacher receives an E in the teacher observation catego- ry, and an H in the student performance category, the teacher's compos- ite score shall be H; [(6)] F. If a teacher receives an E in the teacher observation catego- ry, and an E in the student performance category, the teacher's compos- ite score shall be E; [(7)] G. If a teacher receives an E in the teacher observation catego- ry, and a D in the student performance category, the teacher's composite score shall be E; [(8)] H. If a teacher receives an E in the teacher observation catego- ry, and an I in the student performance category, the teacher's compos- ite score shall be D; [(9)] I. If a teacher receives a D in the teacher observation catego- ry, and an H in the student performance category, the teacher's compos- ite score shall be E; [(10)] J. If a teacher receives a D in the teacher observation catego- ry, and an E in the student performance category, the teacher's compos- ite score shall be E; [(11)] K. If a teacher receives a D in the teacher observation catego- ry, and a D in the student performance category, the teacher's composite score shall be D; [(12)] L. If a teacher receives a D in the teacher observation catego- ry, and an I in the student performance category, the teacher's compos- ite score shall be I; [(13)] M. If a teacher receives an I in the teacher observation cate- gory, and an H in the student performance category, the teacher's composite score shall be D; [(14)] N. If a teacher receives an I in the teacher observation cate- gory, and an E in the student performance category, the teacher's composite score shall be D; [(15)] O. If a teacher receives an I in the teacher observation cate- gory, and a D in the student performance category, the teacher's compos- ite score shall be I; [(16)] P. If a teacher receives an I in the teacher observation cate- gory, and an I in the student performance category, the teacher's composite score shall be I. § 28. Subdivision 7 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: S. 1506--A 31 A. 2006--A 7. The commissioner shall ensure that the process by which weights and scoring ranges are assigned to subcomponents and categories is transpar- ent and available to those being rated before the beginning of each school year. Such process must ensure that it is possible for a teacher or principal to obtain any number of points in the applicable scoring ranges, including zero, in each subcomponent. The superintendent, district superintendent or chancellor and the representative of the collective bargaining unit (where one exists) shall certify in the district's plan that the evaluation process shall use the standards for the scoring ranges provided by the commissioner. [Provided, however, that in any event, the following rules shall apply: a teacher or princi- pal who is: a. rated using two subcomponents in the student performance category and receives a rating of ineffective in such category shall be rated ineffective overall, except that if the measure used in the second subcomponent is a second state-provided growth score on a state-adminis- tered or sponsored test pursuant to clause (A) of subparagraph one of paragraph a of subdivision four of this section, a teacher or principal that receives a rating of ineffective in such category shall not be eligible to receive a rating of effective or highly effective overall; b. rated using only the state measure subcomponent in the student performance category and receives a rating of ineffective in such cate- gory shall not be eligible to receive a rating of effective or highly effective overall; and c. rated ineffective in the observations category shall not be eligi- ble to receive a rating of effective or highly effective overall.] § 29. Subdivision 10 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: 10. The local collective bargaining representative shall negotiate with the district: a. whether to use a second measure, and, in the event that a second measure is used, which measure to use, pursuant to subparagraph two of paragraph a of subdivision four of this section [and]; b. how to implement the provisions of paragraph b of subdivision four of this section, and associated regulations as established by the commissioner, in accordance with article fourteen of the civil service law; AND C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A AND B OF SUBDIVISION SIXTEEN OF THIS SECTION. § 30. Section 2 of subpart B of part AA of chapter 56 of the laws of 2014 amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, as amended by section 35 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 2. This act shall take effect immediately [and shall expire and be deemed repealed on December 31, 2019]. § 31. Subdivision 10 of section 3209 of the education law is renum- bered subdivision 11 and a new subdivision 10 is added to read as follows: 10. EVERY SCHOOL DISTRICT RECEIVING FUNDS PURSUANT TO THIS SECTION SHALL ANNUALLY SUBMIT TO THE DEPARTMENT AN ACCOUNTING OF THE USE OF SUCH FUNDS IN THE PRIOR SCHOOL YEAR BEFORE THE END OF THE SUCCEEDING SCHOOL YEAR. THE COMMISSIONER SHALL REVIEW SUCH ACCOUNTING AND DEVELOP, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISA- S. 1506--A 32 A. 2006--A BILITY ASSISTANCE, AN IDENTIFICATION OF BEST PRACTICES TO SUPPORT HOME- LESS YOUTH. § 32. Section 2801-a of the education law is amended by adding a new subdivision 10 to read as follows: 10. EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF SCHOOL PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE TO STUDENT MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL DISTRICT OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW ENFORCEMENT OR PUBLIC OR PRIVATE SECURITY PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS, SHALL ESTABLISH A WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING THAT IS DEVELOPED WITH STAKEHOLDER INPUT. SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL DEFINE THE RELATIONSHIP BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS, VISITORS, LAW ENFORCEMENT, AND PUBLIC OR PRIVATE SECURITY PERSONNEL. SUCH CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE CONSISTENT WITH THE CODE OF CONDUCT, DEFINE LAW ENFORCEMENT OR SECURITY PERSONNEL'S ROLES, RESPONSIBILITIES AND INVOLVEMENT WITHIN A SCHOOL AND CLEARLY DELEGATE THE ROLE OF SCHOOL DISCIPLINE TO THE SCHOOL ADMINISTRATION. SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE INCORPO- RATED INTO AND PUBLISHED AS PART OF THE DISTRICT SAFETY PLAN. § 33. The section heading of section 804 of the education law, as amended by chapter 390 of the laws of 2016, is amended and a new subdi- vision 7-a is added to read as follows: Health education regarding mental health, alcohol, drugs, tobacco abuse, AND HEALTHY RELATIONSHIPS and the prevention and detection of certain cancers. 7-A. (A) A HEALTHY RELATIONSHIPS EDUCATION INSTRUCTION PROGRAM SHALL BE INCLUDED WITHIN THE HEALTH EDUCATION PROVIDED TO ALL STUDENTS IN GRADES SIX THROUGH TWELVE. SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO AGE-APPROPRIATE, MEDICALLY ACCURATE INSTRUCTION TEACHING COMPREHENSIVE SEXUAL EDUCATION, SEXUAL HEALTH AND HEALTHY RELATIONSHIP PRACTICES. SUCH PROGRAM SHALL BE INCLUSIVE AND RESPECTFUL OF ALL PUPILS REGARDLESS OF RACE, ETHNICITY, GENDER, DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY AND INCLUDE, BUT NOT BE LIMITED TO: (I) IDENTIFICATION AND EXAMINATION OF IDEAS ABOUT HEALTHY RELATION- SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA; (II) SELF-ESTEEM AND SELF-WORTH; (III) FRIENDSHIP AND EMPATHY; (IV) A DEFINITION OF TEEN DATING VIOLENCE; (V) RECOGNITION OF WARNING SIGNS ESTABLISHED BY A DATING PARTNER; (VI) CHARACTERISTICS OF A HEALTHY RELATIONSHIP; (VII) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE; (VIII) SAFE USE OF TECHNOLOGY; (IX) A DISCUSSION OF LOCAL COMMUNITY RESOURCES FOR THOSE IN A TEEN DATING VIOLENCE RELATIONSHIP; (X) AN AGE-APPROPRIATE DEFINITION OF AFFIRMATIVE CONSENT CONSISTENT WITH THAT USED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER; (XI) AGE-APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH; (XII) AGE-APPROPRIATE INSTRUCTING TO IDENTIFY AND REPORT SEXUAL EXPLOITATION AND ABUSE; AND (XIII) INSTRUCTION TO IDENTIFY AND REPORT SEXUAL HARASSMENT. (B) THE EDUCATIONAL STANDARDS FOR SUCH PROGRAM SHALL BE ADDED TO THE HEALTH EDUCATION STANDARDS AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES AND BE DESIGNED TO EDUCATE STUDENTS ABOUT HEALTHY RELATIONSHIPS. PRIOR TO ADOPTING THE EDUCATION STANDARDS, THE COMMISSIONER SHALL ESTABLISH A S. 1506--A 33 A. 2006--A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE SCOPE AND SUBSTANCE OF THE STANDARDS. THE TASK FORCE SHALL: (I) SEEK THE RECOMMENDATIONS OF TEACHERS, SCHOOL ADMINISTRATORS, TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED SUBJECT AREAS; (II) SEEK THE RECOMMENDATIONS OF EXPERTS AND ORGANIZATIONS EXPERIENCED IN THE PROPOSED SUBJECT AREAS; AND (III) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES. (C) THE COMMISSIONER SHALL DEVELOP AGE-APPROPRIATE MODEL INSTRUCTIONAL RESOURCES FOR PARENTS AND EDUCATORS FOR POTENTIAL USE IN INSTRUCTING STUDENTS ABOUT PHYSICAL SELF-AWARENESS AND HEALTHY RELATIONSHIPS. SUCH RESOURCES SHALL BE DEVELOPED AFTER CONSULTATION WITH EXPERTS IN THE FIELD. (D) A WEBPAGE ON THE DEPARTMENT'S WEBSITE SHALL BE DEDICATED TO PROVIDING INFORMATION AND RESOURCES TO PARENTS, STUDENTS, TEACHERS AND SCHOOL DISTRICT OFFICIALS RELATED TO COMPREHENSIVE SEXUAL EDUCATION AND HEALTHY RELATIONSHIPS. (E) FOR THE PURPOSES OF THIS SECTION "AGE-APPROPRIATE" SHALL MEAN TOPICS, MESSAGES, AND TEACHING METHODS SUITABLE TO PARTICULAR AGE AND DEVELOPMENTAL LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND EXPERI- ENCE LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY ACCURATE" SHALL MEAN INFORMATION SUPPORTED BY PEER REVIEWED, EVIDENCE-BASED RESEARCH RECOGNIZED AS ACCURATE BY LEADING PROFESSIONAL ORGANIZATIONS AND AGENCIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSO- CIATION AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A SCHOOL DISTRICT SHALL PROVIDE REASONABLE NOTICE TO PARENTS AND GUARDIANS OF STUDENTS IN GRADES SIX THROUGH TWELVE THAT SUCH INSTRUCTION WILL BE GIVEN AND THE NATURE OF THE CURRICULUM. ANY PARENT OR GUARDIAN OF A STUDENT IN GRADES SIX THROUGH TWELVE MAY DIRECT THE REMOVAL OF THE STUDENT FROM SUCH INSTRUCTION UPON WRITTEN NOTICE TO THE SCHOOL DISTRICT. § 34. Section 305 of the education law is amended by adding a new subdivision 60 to read as follows: 60. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO REQUIRE THAT EVERY SCHOOL DISTRICT ADOPT AND DISTRIBUTE A POLICY REGARDING SEX DISCRIMI- NATION PURSUANT TO TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, 20 U.S.C. § 1681 ET SEQ., AND THAT SUCH POLICY SHALL SPECIFICALLY ADDRESS DISCRIMINATION AGAINST PREGNANT AND PARENTING STUDENTS. PROVIDED THAT SUCH POLICIES SHALL INCLUDE: A. STUDENTS' RIGHTS TO ATTEND CLASSES AND PARTICIPATE IN EXTRACURRICULAR ACTIVITIES REGARDLESS OF PREGNANT OR PARENTING STATUS; B. OPPORTUNITIES TO MAKE UP MISSED CLASSWORK OR TO EXCUSE ABSENCES DUE TO PREGNANCY, CHILDBIRTH OR RELATED CONDITIONS; C. PROTECTIONS OF STUDENTS FROM HARASSMENT; AND D. A FORMAL GRIEVANCE PROCEDURE. § 35. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 25 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the 2016--2017 school year shall not exceed 60.3 percent of the lesser of such approvable costs per contact hour or thir- teen dollars ninety cents per contact hour, reimbursement for the 2017- -2018 school year shall not exceed 60.4 percent of the lesser of such S. 1506--A 34 A. 2006--A approvable costs per contact hour or thirteen dollars and ninety cents per contact hour, [and] reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, AND REIMBURSEMENT FOR THE 2019--2020 SCHOOL YEAR SHALL NOT EXCEED 57.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR FIFTEEN DOLLARS AND FIFTY-FIVE CENTS PER CONTACT HOUR, where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2016--2017 school year such contact hours shall not exceed one million five hundred fifty-one thousand three hundred twelve (1,551,312); whereas for the 2017--2018 school year such contact hours shall not exceed one million five hundred forty-nine thousand four hundred sixty-three (1,549,463); [and] WHEREAS for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963), AND FOR THE 2019--2020 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION TWO HUNDRED EIGHTY-TWO THOUSAND FIFTY-ONE (1,282,051). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdi- vision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. § 36. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion x to read as follows: X. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2019--2020 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). § 37. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 27 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2019] 2020. § 38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, as amended by section 28 of part CCC of chapter 59 of the laws of 2018, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2019] 2020 at which time it shall be deemed repealed; (24) sections one hundred eighteen through one hundred thirty of this act shall be deemed to have been in full force and effect on and after S. 1506--A 35 A. 2006--A July 1, 1995; provided further, however, that the amendments made pursu- ant to section one hundred twenty-four of this act shall be deemed to be repealed on and after July 1, [2019] 2020; § 39. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, as amended by section 31 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 12. This act shall take effect on the same date as chapter 180 of the laws of 2000 takes effect, and shall expire July 1, [2019] 2020 when upon such date the provisions of this act shall be deemed repealed. § 40. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, as amended by section 33 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 4. This act shall take effect July 1, 2002 and SECTION ONE OF THIS ACT shall expire and be deemed repealed June 30, 2019, AND SECTIONS TWO AND THREE OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 30, 2020. § 41. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, as amended by section 34 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 5. This act shall take effect immediately; provided that sections one, two and three of this act shall expire and be deemed repealed on June 30, [2019] 2020. § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by section 1 of part G of chapter 61 of the laws of 2017, is amended to read as follows: § 34. This act shall take effect July 1, 2002; provided, that sections one through twenty, twenty-four, and twenty-six through thirty of this act shall expire and be deemed repealed June 30, [2019] 2022 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2019] 2022 the provisions of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdi- vision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effec- tive date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education S. 1506--A 36 A. 2006--A law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 of the laws of 2001, as amended, when upon such date the provisions of section four of this act shall take effect. § 43. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community super- intendents, as amended by section 2 of part G of chapter 61 of the laws of 2017, is amended to read as follows: 12. any provision in sections one, two, three, four, five, six, seven, eight, nine, ten and eleven of this act not otherwise set to expire pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed June 30, [2019] 2022. § 44. Section 7 of chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, as amended by section 40 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: § 7. This act shall take effect September 1, 1998, and shall expire and be deemed repealed September 1, [2019] 2021. § 45. Section 2 of chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, as amended by section 25 of part A of chapter 54 of the laws of 2016, is amended to read as follows: § 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall remain in full force and effect until January 1, [2020] 2023, when upon such date the provisions of this act shall be deemed repealed. § 46. Section 26 of subpart F of part C of chapter 97 of the laws of 2011 amending the education law relating to census reporting, as amended by section 21-a of part A of chapter 56 of the laws of 2014, is amended to read as follows: § 26. This act shall take effect immediately provided, however, that the provisions of section three of this act shall expire June 30, [2019] 2024 when upon such date the provisions of such section shall be deemed repealed; provided, further that the provisions of sections eight, elev- en, twelve, thirteen and twenty of this act shall expire July 1, 2014 when upon such date the provisions of such sections shall be deemed repealed. § 47. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2019--2020 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational services pursuant to sections 3650-a, 3650-b and 3650-c of the education law, or for contracts directly with not-for-pro- fit educational organizations for the purposes of this section. Such payments shall not exceed four hundred thousand dollars ($400,000) per school year. § 48. Special apportionment for salary expenses. a. Notwithstanding any other provision of law, upon application to the commissioner of education, not sooner than the first day of the second full business week of June 2020 and not later than the last day of the third full business week of June 2020, a school district eligible for an apportion- ment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2020, for salary expenses incurred between April 1 and S. 1506--A 37 A. 2006--A June 30, 2019 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (ii) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (iv) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 49. Special apportionment for public pension accruals. a. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2020, a school district eligi- ble for an apportionment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2020 and such apportionment shall S. 1506--A 38 A. 2006--A not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 50. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2019--2020 school year, as a non-component school district, services required by article 19 of the education law. § 51. The amounts specified in this section shall be a set-aside from the state funds which each such district is receiving from the total foundation aid: a. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2019--2020 school year. For the city school district of the city of New York there shall be a setaside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars S. 1506--A 39 A. 2006--A ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). b. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such setaside funds for: (i) any instructional or instructional support costs associated with the operation of a magnet school; or (ii) any instructional or instructional support costs associated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations of minority students. c. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2019--2020 school year, and for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2019--2020 school year, it is further provided that any city school district in a city having a population of more than one million shall allocate at least one-third of any increase from base year levels in funds set aside pursuant to the requirements of this section to communi- ty-based organizations. Any increase required pursuant to this section to community-based organizations must be in addition to allocations provided to community-based organizations in the base year. d. For the purpose of teacher support for the 2019--2020 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city S. 1506--A 40 A. 2006--A school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 52. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2018 enacting the aid to localities budget shall be apportioned for the 2019--2020 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001--2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2019--2020 by a chapter of the laws of 2019 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. § 53. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 54. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2019, provided, however, that: S. 1506--A 41 A. 2006--A 1. Sections one, three, four, five, five-a, six, seven, eight, nine, ten, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twen- ty-two, twenty-three, thirty-two, thirty-four, forty-seven, fifty and fifty-one of this act shall take effect July 1, 2019; 2. Sections eleven, twelve, thirteen and fourteen of this act shall take effect July 1, 2020; 3. Paragraph (a) of subdivision 7-a of section 804 of the education law, as added by section thirty-three of this act, shall take effect July 1, 2019; 4. The amendments to section 3614 of the education law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and 5. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York City made by sections thirty-five and thirty-six of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART B Section 1. Section 7408 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI- CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW SHALL BE DEEMED ELIGIBLE TO REGISTER PURSUANT TO THIS SECTION. § 2. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER- WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPO- RATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE S. 1506--A 42 A. 2006--A WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 3. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. § 4. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 5. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT- ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering professional service to the public becomes legally disqualified to prac- tice his profession within this state, he shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of S. 1506--A 43 A. 2006--A this article. All provisions of law regulating the rendering of profes- sional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his profession within this state shall be deemed to constitute an irrevocable offer by the disqualified shareholder to sell his shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compli- ance with this provision shall constitute a ground for forfeiture of its certificate of incorporation and its dissolution. § 6. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may sell or transfer his shares in such corporation except to another individual who is eligible to have shares issued to him by such corporation or except in trust to another individual who would be eligible to receive shares if he were employed by the corpo- ration. Nothing herein contained shall be construed to prohibit the transfer of shares by operation of law or by court decree. No transfer- ee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligi- ble to have shares issued to him if he were an employee of the corpo- ration and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one share- holder, may be made only after the same shall have been approved by the board of directors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorpo- ration or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his shares may not be voted or counted for any purpose, unless all shareholders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the profes- sional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corpo- ration at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if applicable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate S. 1506--A 44 A. 2006--A for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. § 7. Paragraph (a) of section 1512 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended to read as follows: (a) Notwithstanding any other provision of law, the name of a profes- sional service corporation, including a design professional service corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word which, at the time of incorporation, could be used in the name of a partnership practicing a profession which the corporation is authorized to practice, and may not contain any word which could not be used by such a partnership. Provided, however, the name of a professional service corporation may not contain the name of a deceased person unless (1) such person's name was part of the corporate name at the time of such person's death; or (2) such person's name was part of the name of an existing partnership and at least two-thirds of such partnership's partners become sharehold- ers of the corporation. § 8. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. § 9. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: S. 1506--A 45 A. 2006--A (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR- ITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI- FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER- WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 10. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of S. 1506--A 46 A. 2006--A such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON- LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 11. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a S. 1506--A 47 A. 2006--A foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, geological services, architectural and/or land- scape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN- CIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENCE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM S. 1506--A 48 A. 2006--A OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 12. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 13. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological S. 1506--A 49 A. 2006--A services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE S. 1506--A 50 A. 2006--A FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 14. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be S. 1506--A 51 A. 2006--A licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED S. 1506--A 52 A. 2006--A UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 15. This act shall take effect immediately. PART C Section 1. Section 1604 of the education law is amended by adding a new subdivision 43 to read as follows: 43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ- ING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINISTRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU- ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTE- NANCE, OR ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF THIS CHAPTER. § 2. Section 1709 of the education law is amended by adding a new subdivision 43 to read as follows: 43. TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD, AUTHORIZING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGH- TEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE BOARD MAY ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINIS- TRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF THIS CHAPTER. § 3. The vehicle and traffic law is amended by adding a new section 1118 to read as follows: § 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A SCHOOL BUS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL BUS SAFETY CAMERA PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER A BOARD OF EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT HAS CONTRACTED WITH SUCH SCHOOL DISTRICT TO INSTALL SCHOOL BUS SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR CONTRACTED WITH SUCH DISTRICT. S. 1506--A 53 A. 2006--A 2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS SAFETY CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN- GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHICLE, PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. (B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION, "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITORING DEVICE AFFIXED TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT OVER- TAKE OR PASS SCHOOL BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (D) NO SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT HAS INSTALLED CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES FROM SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN WHICH THE VIOLATION OCCURRED FOR THE PURPOSE OF IMPOSING MONETARY LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. AFTER RECEIPT OF SUCH IMAGES A POLICE OFFICER SHALL INSPECT SUCH VIDEOTAPE AND IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN- TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A CERTIFICATE, SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE- OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI- CATE THE LIABILITY FOR SUCH VIOLATION. (E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS. (E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY SUBDIVISION (E) OF THIS SECTION SHALL BE PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF SUCH PENALTY RECEIVED TO THE LOCAL LAW ENFORCEMENT AGENCY, PROVIDED HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW ENFORCE- MENT AGENCY EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT. S. 1506--A 54 A. 2006--A (F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY THE RESPECTIVE LAW ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC- TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION WHERE THE VIOLATION OCCURRED. (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT ANY CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETERMINE OWNER LIABILITY ESTABLISHED BY THIS ARTICLE FOR FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU- NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION. (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU. (J) WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY AN ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS BUREAU, OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVI- SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI- VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE, PROVIDED THAT HE OR SHE SENDS TO THE ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS BUREAU, OR COURT HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE S. 1506--A 55 A. 2006--A OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI- BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS. FOR PURPOSES OF THIS SUBDIVI- SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS. (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (M) IN ANY SCHOOL DISTRICT WHICH ADOPTS A SCHOOL BUS SAFETY CAMERA PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH SCHOOL DISTRICT SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF ITS SCHOOL BUS SAFETY CAMERAS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE SCHOOL BUS SAFETY CAMERAS WERE USED; 2. THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF SUBDIVI- SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE DISTRICT; 3. THE NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY CAMERAS IN THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS; 4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 7. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL DISTRICT FROM SUCH ADJUDICATIONS; 8. EXPENSES INCURRED BY SUCH SCHOOL DISTRICT IN CONNECTION WITH THE PROGRAM; AND 9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. S. 1506--A 56 A. 2006--A (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI- VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE THAT SUCH SCHOOL BUS SAFETY CAMERAS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 4. Subdivision (c) of section 1174 of the vehicle and traffic law, as amended by chapter 254 of the laws of 2002, is amended to read as follows: (c) Every person convicted of a violation of subdivision (a) of this section shall: for a first conviction thereof, be punished by a fine of not less than [two hundred fifty] FIVE HUNDRED dollars nor more than [four] SEVEN hundred FIFTY dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of three years, such person shall be punished by a fine of not less than [six hundred] ONE THOUSAND dollars nor more than [seven] ONE THOUSAND TWO hundred fifty dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of three years, such person shall be punished by a fine of not less than [seven hundred fifty] ONE THOUSAND TWO HUNDRED FIFTY dollars nor more than one thousand FIVE HUNDRED dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprison- ment. § 5. This act shall take effect immediately. PART D Section 1. This act shall be known and may be cited as the "Senator Jose R. Peralta New York State DREAM Act". § 2. Subdivision 3 of section 661 of the education law is REPEALED. § 3. Paragraph a of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: a. (I) Except as provided in subdivision two of section six hundred seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an applicant for an award at the undergraduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resident during his OR HER last two semesters of high school either prior to graduation, or prior to admission to college. Provided further that persons shall be eligible to receive awards under section six hundred sixty-eight or section six hundred sixty-nine OF THIS PART who are currently legal residents of the state and are otherwise qualified. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK S. 1506--A 57 A. 2006--A STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 4. Paragraph b of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, AN applicant for an award at the graduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resi- dent during his OR HER last academic year of undergraduate study and have continued to be a legal resident until matriculation in the gradu- ate program. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY S. 1506--A 58 A. 2006--A APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 5. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended to read as follows: d. If an applicant for an award allocated on a geographic basis has more than one residence in this state, his OR HER residence for the purpose of this article shall be his OR HER place of actual residence during the major part of the year while attending school, as determined by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS. § 6. Paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended to read as follows: e. Notwithstanding any other provision of this article to the contra- ry, the New York state [residency] eligibility [requirement] REQUIRE- MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION ARE waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state. § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- sion 2 of section 355 of the education law, as added by chapter 327 of the laws of 2002, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the state university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or S. 1506--A 59 A. 2006--A § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or § 9. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 327 of the laws of 2002, the opening para- graph as amended by section 4 of chapter 437 of the laws of 2015, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state. The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no greater than that imposed for students who are residents of the state if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or S. 1506--A 60 A. 2006--A (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. § 10. Subdivision 5 of section 6301 of the education law, as amended by chapter 327 of the laws of 2002, is amended to read as follows: 5. "Resident." A person who has resided in the state for a period of at least one year and in the county, city, town, intermediate school district, school district or community college region, as the case may be, for a period of at least six months, both immediately preceding the date of such person's registration in a community college or, for the purposes of section sixty-three hundred five of this article, his or her application for a certificate of residence; provided, however, that this term shall include any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at an institution or educational unit of the state university] AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an S. 1506--A 61 A. 2006--A institution or educational unit of the state university], EARNED ADMIS- SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in [an institution or educational unit of the state university] A COMMUNITY COLLEGE in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such [institution or educational unit] COMMUNITY COLLEGE to pay tuition at the rate or charge imposed for students who are residents of the state. Provided, further, that a student without lawful immigration status shall also be required to file an affidavit with such [institution or educational unit] COMMUNITY COLLEGE stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so. In the event that a person qualified as above for state residence, but has been a resident of two or more counties in the state during the six months immediately preceding his OR HER application for a certificate of residence pursuant to section sixty-three hundred five of this [chapter] ARTICLE, the charges to the counties of residence shall be allocated among the several counties proportional to the number of months, or major fraction thereof, of residence in each county. § 11. Paragraph d of subdivision 3 of section 6451 of the education law, as amended by chapter 494 of the laws of 2016, is amended to read as follows: d. Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such enrolled students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA- GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by the commissioner with the approval of the director of the budget; § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 of the education law, as amended by chapter 917 of the laws of 1970, is amended to read as follows: (v) Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by such universities and approved by the regents and the director of the budget. § 13. Paragraph (a) of subdivision 2 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Undergraduate science and technology entry program moneys may be used for tutoring, counseling, remedial and special summer courses, supplemental financial assistance, program administration, and other activities which the commissioner may deem appropriate. To be eligible for undergraduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either S. 1506--A 62 A. 2006--A economically disadvantaged or from a minority group historically under represented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 14. Paragraph (a) of subdivision 3 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Graduate science and technology entry program moneys may be used for recruitment, academic enrichment, career planning, supplemental financial assistance, review for licensing examinations, program admin- istration, and other activities which the commissioner may deem appro- priate. To be eligible for graduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically underrepresented in the scientific, technical and health- related professions. Eligible students must be in good academic stand- S. 1506--A 63 A. 2006--A ing, enrolled full time in an approved graduate level program, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT: (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER. PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO. § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (i) the name, address and social security number [or], employer iden- tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE- TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN- TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, is amended to read as follows: (iii) the name, address, and social security number, EMPLOYER IDEN- TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A S. 1506--A 64 A. 2006--A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and § 17. The president of the higher education services corporation shall establish an application form and procedures that shall allow a student applicant that meets the requirements set forth in subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law to apply directly to the higher educa- tion services corporation for applicable awards without having to submit information to any other state or federal agency. All information contained with the applications filed with such corporation shall be deemed confidential, except that the corporation shall be entitled to release information to participating institutions as necessary for the administration of financial aid programs and to the extent required pursuant to article 6 of the public officers law or otherwise required by law. § 18. The higher education services corporation is authorized to promulgate rules and regulations, and may promulgate emergency regu- lations, necessary for the implementation of the provisions of this act. § 19. This act shall take effect on the ninetieth day after the issu- ance of regulations and the development of an application form by the president of the higher education services corporation or on the nineti- eth day after it shall have become a law, whichever shall be later; provided, however, that: a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law made by section eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section nine of this act shall take effect; and b. the president of the higher education services corporation shall notify the legislative bill drafting commission upon the occurrence of the issuance of regulations and the development of an application form provided for in this section in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART E Section 1. This act shall be known and be cited as the "For-Profit College Accountability Act". § 2. The education law is amended by adding a new section 239-c to read as follows: § 239-C. STANDARDS FOR FOR-PROFIT HIGHER EDUCATION INSTITUTIONS. 1. FOR THE PURPOSES OF THIS SECTION A "PROPRIETARY INSTITUTION OF HIGHER EDUCATION" MEANS A SCHOOL THAT: (A) (I) PROVIDES AN ELIGIBLE PROGRAM OF TRAINING TO PREPARE STUDENTS FOR GAINFUL EMPLOYMENT IN A RECOGNIZED OCCUPATION; OR (II) PROVIDES A PROGRAM LEADING TO AN ASSOCIATES OR BACCALAUREATE DEGREE; (B) IS LEGALLY AUTHORIZED IN NEW YORK STATE TO PROVIDE A PROGRAM OF EDUCATION BEYOND SECONDARY EDUCATION; AND (C) IS NEITHER A PUBLIC OR NONPROFIT INSTITUTION. 2. (A) COMMENCING IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR AND THEREAFTER, A PROPRIETARY INSTITUTION OF HIGHER EDUCA- TION, SHALL DERIVE NOT LESS THAN TWENTY PERCENT OF SUCH INSTITUTION'S S. 1506--A 65 A. 2006--A ANNUAL REVENUES FROM SOURCES OTHER THAN THE COMBINED REVENUES FROM LIMITED REVENUE SOURCES AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARA- GRAPH. (I) FOR THE PURPOSES OF THIS SUBDIVISION "LIMITED REVENUE SOURCES" MEANS: (A) THE TUITION ASSISTANCE PROGRAM PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS TITLE; (B) THE ENHANCED TUITION AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY- SEVEN-D OF THIS TITLE; (C) ALL FEDERAL STUDENT LOAN AND GRANT PROGRAMS AUTHORIZED UNDER SUBCHAPTER IV OF CHAPTER 28 OF TITLE 20 OF THE UNITED STATES CODE; AND (D) ANY OTHER LOCAL, STATE, OR FEDERAL GOVERNMENT LOAN, GRANT, OR SCHOLARSHIP PROGRAM UTILIZED TO PAY TUITION, INSTITUTIONAL FEES, ROOM AND BOARD, OR OTHER COSTS OF ATTENDANCE ON BEHALF OF A STUDENT OR STUDENTS UTILIZING PUBLIC FUNDS. (II) FOR PURPOSES OF THIS SUBDIVISION "LIMITED REVENUE SOURCES" SHALL NOT INCLUDE: (A) THE AMOUNT OF FUNDS THE INSTITUTION RECEIVED FROM PRIVATE OR NON- GOVERNMENT SOURCES; (B) THE AMOUNT OF FUNDS RECEIVED BY STUDENTS IN THE FORM OF DIRECT PAYMENT; (C) THE AMOUNT OF FUNDS PROVIDED BY THE INSTITUTION AS MATCHING FUNDS FOR A LIMITED REVENUE SOURCE; (D) INTEREST OR INVESTMENT INCOME; (E) THE AMOUNT OF FUNDS PROVIDED BY THE INSTITUTION FOR A LIMITED REVENUE SOURCE THAT ARE REQUIRED TO BE REFUNDED OR RETURNED; AND (F) THE AMOUNT CHARGED FOR BOOKS, SUPPLIES, AND EQUIPMENT, UNLESS THE INSTITUTION INCLUDES THAT AMOUNT AS TUITION, FEES, OR OTHER INSTITU- TIONAL CHARGES. (III) FOR PURPOSES OF THIS SUBDIVISION, INSTITUTIONAL AID PROVIDED TO STUDENTS BY THE INSTITUTION SHALL NOT BE INCLUDED WITHIN THE CALCULATION OF ANNUAL REVENUES. (B) A PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS TO MEET THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE ACADEMIC YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS PARTICIPATING IN ANY PROGRAM AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD OF NOT LESS THAN TWO ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC YEAR IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON- STRATING FAILURE TO MEET THE REQUIREMENT FOR THE SECOND CONSECUTIVE ACADEMIC YEAR IS SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. TO REGAIN ELIGIBILITY TO ENROLL NEW STUDENTS PARTICIPATING IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A PROPRIE- TARY INSTITUTION OF HIGHER EDUCATION SHALL DEMONSTRATE COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION FOR A MINIMUM OF TWO ACADEMIC YEARS AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE. 3. ON OR BEFORE SEPTEMBER FIRST, A PROPRIETARY INSTITUTION OF HIGHER EDUCATION SHALL ANNUALLY SUBMIT TO THE COMMISSIONER AND THE COMMISSIONER SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE A DETAILED FINANCIAL STATEMENT DISCLOSING THE INSTITUTION'S REVENUES AND EXPENDITURES FOR THE PRIOR ACADEMIC YEAR AND SHALL DISCLOSE THE SOURCES OF REVENUE BY TYPE AS WELL AS TYPES OF EXPENDITURES. SUCH STATEMENT SHALL ALSO INCLUDE A LISTING OF THE TOTAL INDIVIDUAL COMPENSATION FROM THE INSTITUTION TO ALL OFFICERS, DIRECTORS, BOARD MEMBERS, TRUSTEES, SHAREHOLDERS, MEMBERS, OWNERS, AND SENIOR ADMINISTRATORS, INCLUDING ALL FRINGE BENEFITS, BONUSES, AND PERFORMANCE INCENTIVES PAID IN THE PRIOR ACADEMIC YEAR. SUCH STATEMENT SHALL ADHERE TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND SHALL BE CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AND CERTIFIED BY S. 1506--A 66 A. 2006--A THE PRESIDENT OF THE INSTITUTION. SUCH STATEMENT SHALL BE SUBMITTED IN A FORM AND MANNER AS DETERMINED BY THE COMMISSIONER. 4. NO PROPRIETARY INSTITUTION OF HIGHER EDUCATION SHALL PERMIT ANY SENIOR STAFF OR BOARD MEMBER OF THE INSTITUTION TO SERVE ON THE BOARD OF ANY REGIONAL OR NATIONAL ACCREDITING AGENCY OR ASSOCIATION WHICH IS AN ACCREDITOR OF THE INSTITUTION. 5. NO PROPRIETARY INSTITUTION OF HIGHER EDUCATION SHALL INCLUDE ANY PROVISION REQUIRING ARBITRATION OF DISPUTES WITHIN ANY STUDENT ENROLL- MENT CONTRACT OR AGREEMENT. 6. (A) COMMENCING IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR AND THEREAFTER, NO LESS THAN FIFTY PERCENT OF A PROPRIE- TARY INSTITUTION OF HIGHER EDUCATION'S ANNUAL EXPENDITURES SHALL BE MADE IN THE AREA OF STUDENT INSTRUCTION. (B) FOR THE PURPOSES OF THIS SUBDIVISION "STUDENT INSTRUCTION" MEANS EXPENDITURES FOR SALARIES, FRINGE BENEFITS, PROFESSIONAL DEVELOPMENT EXPENSES, AND OTHER PAYMENTS MADE TO INSTRUCTORS RELATED TO CLASSROOM INSTRUCTION. SUCH TERM DOES NOT INCLUDE EXPENDITURES FOR STAFF TRAINING REQUIRED UNDER STATE OR FEDERAL LAWS, OR FOR STUDENT RECRUITMENT, MARKETING, DIRECT MAILING, OR EXPENSES OF NON-INSTRUCTIONAL STAFF. (C) A PROPRIETARY INSTITUTION OF HIGHER EDUCATION THAT FAILS TO MEET THE REQUIREMENT OF PARAGRAPH (A) OF THIS SUBDIVISION FOR TWO CONSECUTIVE ACADEMIC YEARS SHALL BE INELIGIBLE TO ENROLL NEW STUDENTS PARTICIPATING IN ANY PROGRAM AUTHORIZED UNDER THIS CHAPTER FOR A PERIOD OF NOT LESS THAN TWO ACADEMIC YEARS, COMMENCING WITH THE ACADEMIC YEAR IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE INSTITUTION'S FINANCIAL STATEMENT DEMON- STRATING FAILURE TO MEET THE REQUIREMENT FOR THE SECOND CONSECUTIVE ACADEMIC YEAR IS SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. TO REGAIN ELIGIBILITY TO ENROLL NEW STUDENTS PARTICIPATING IN THE PROGRAMS AUTHORIZED UNDER THIS CHAPTER, A PROPRIE- TARY INSTITUTION OF HIGHER EDUCATION SHALL DEMONSTRATE COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION FOR A MINIMUM OF TWO ACADEMIC YEARS AFTER THE ACADEMIC YEAR IN WHICH THE INSTITUTION BECAME INELIGIBLE. 7. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION OR A DIREC- TIVE OF THE COMMISSIONER ARISING THEREFROM SHALL CONSTITUTE A VIOLATION OF THE LAWS GOVERNING STATE FINANCIAL AID PROGRAMS FOR THE PURPOSES OF SECTION SIX HUNDRED SIXTY-FIVE-A OF THIS TITLE, AND THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION SHALL BE AUTHORIZED TO TERMINATE EXISTING AGREEMENTS WITH THE INSTITUTION TO PARTICIPATE IN STATE FINAN- CIAL AID PROGRAMS AND MAY PROHIBIT PARTICIPATION OF THE INSTITUTION IN STATE FINANCIAL AID PROGRAMS WITH RESPECT TO STUDENTS ENROLLED AFTER THE DATE OF TERMINATION OF SUCH AGREEMENTS. FURTHER, WHERE A PROPRIETARY INSTITUTION OF HIGHER EDUCATION FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION OR A DIRECTIVE OF THE COMMISSIONER ARISING THEREFROM, THE COMMISSIONER SHALL BE AUTHORIZED TO RESCIND SUCH INSTITUTION'S AUTHORITY TO ENROLL NEW STUDENTS IN ACADEMIC PROGRAMS IN THE STATE. 8. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS SECTION. § 3. This act shall take effect immediately. PART F Section 1. Section 97-z of the state finance law, as added by chapter 625 of the laws of 1987, subdivision 3 as amended by chapter 83 of the laws of 1995, is amended to read as follows: S. 1506--A 67 A. 2006--A § 97-z. Arts capital [revolving] GRANTS fund. 1. A special fund to be known as the "arts capital [revolving] GRANTS fund" is hereby estab- lished in the custody of the state comptroller and the commissioner of taxation and finance. 2. The fund shall consist of all monies appropriated for its purpose, all monies transferred to such fund pursuant to law, all monies required by this section or any other provision of law to be paid into or credit- ed to the fund[, including payments of principal of and interest on loans made from the fund] and any interest earnings which may accrue from the investment of monies in the fund. Nothing contained herein shall prevent the New York state council on the arts from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund, when allocated, shall be available for adminis- trative costs of the council and to make [loans] GRANTS to eligible not-for-profit arts organizations as provided in section 3.07 of the arts and cultural affairs law [and to pay the reasonable administrative costs of the dormitory authority incurred in monitoring construction on eligible projects and costs associated with contracts with outside enti- ties to disburse loans and receive payments on such loans, as provided in such section]. 4. Monies shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the chairman of the New York state council on the arts. § 2. This act shall take effect immediately. PART G Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $8,479,000 for the fiscal year ending March 31, 2020. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preserva- tion program contracts authorized by this section, a total sum not to exceed $8,479,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $3,539,000 for the fiscal year ending March 31, 2020. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of S. 1506--A 68 A. 2006--A directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $3,539,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 3. This act shall take effect immediately. PART H Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of section 390 of the social services law, as added by chapter 750 of the laws of 1990, is amended to read as follows: (i) "Child day care" shall mean CHILD CARE WHERE A LICENSE OR REGIS- TRATION PURSUANT TO THIS SECTION IS REQUIRED AND SHALL INCLUDE care for a child on a regular basis provided away from the child's residence for less than twenty-four hours per day by someone other than: (1) the parent, step-parent, guardian, or relative within the third degree of consanguinity of the parents or step-parents of such child; OR (2) AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN PARAGRAPH (G) OF THIS SUBDIVISION. § 2. Subdivision 1 of section 390 of the social services law is amended by adding two new paragraphs (g) and (h) to read as follows: (G) "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN A PERSON OR ENTITY THAT IS NOT REQUIRED TO BE LICENSED OR REGISTERED PURSUANT TO THIS SECTION AND THAT IS ENROLLED TO PROVIDE SUBSIDIZED CHILD CARE SERVICES TO ELIGIBLE FAMILIES IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. (H) "RELATIVE ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL MEAN AN ENROLLED LEGALLY-EXEMPT PROVIDER WHO IS AN INDIVIDUAL, AGE EIGHTEEN OR OLDER, AND WHO, BY VIRTUE OF BLOOD, MARRIAGE OR COURT DECREE, IS, TO ALL OF THE CHILDREN THAT SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED CHILD CARE SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE: (I) A GRANDPARENT; (II) A GREAT-GRANDPARENT; (III) A SIBLING PROVIDED THAT SUCH SIBLING RESIDES IN A SEPARATE HOUSEHOLD FROM THE CHILD; (IV) AN AUNT; OR (V) AN UNCLE. § 3. Paragraph (a) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows: (a) Child day care centers caring for seven or more children and group family day care programs, as defined in subdivision one of this section, S. 1506--A 69 A. 2006--A shall obtain a license from the office of children and family services and shall operate in accordance with the terms of such license and the regulations of such office. Initial licenses [shall be valid for a peri- od of up to two years;] AND subsequent licenses shall be valid for a period of up to four years so long as the provider remains substantially in compliance with applicable law and regulations during such period. § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows: (A) Initial registrations [shall be valid for a period of up to two years,] AND subsequent registrations shall be valid for a period of up to four years so long as the provider remains substantially in compli- ance with applicable law and regulations during such period. § 5. Paragraphs (a) and (b) of subdivision 3 of section 390 of the social services law, paragraph (a) as amended by chapter 416 of the laws of 2000, and paragraph (b) as amended by chapter 117 of the laws of 2010, are amended to read as follows: (a) The office of children and family services may make announced or unannounced inspections of the records and premises of any child [day] care provider, whether or not such provider has a license from, or is registered with, the office of children and family services. The office of children and family services shall make unannounced inspections of the records and premises of any child day care provider within fifteen days after the office of children and family services receives a complaint that, if true, would indicate such provider does not comply with the APPLICABLE regulations of the office of children and family services or with statutory requirements. If the complaint indicates that there may be imminent danger to the children, the office of children and family services shall investigate the complaint no later than the next day of operation of the provider. The office of children and family services may provide for inspections through the purchase of services. (b) (I) Where inspections have been made and violations of applicable statutes or regulations have been found, the office of children and family services shall within ten days advise the child day care provider in writing of the violations and require the provider to correct such violations. The office of children and family services may also act pursuant to subdivisions ten and eleven of this section. (II) WHERE INSPECTIONS HAVE BEEN MADE AND VIOLATIONS OF APPLICABLE STATUTES OR REGULATIONS HAVE BEEN FOUND, THE OFFICE OF CHILDREN AND FAMILY SERVICES OR ITS DESIGNEE SHALL, WITHIN TEN DAYS, ADVISE THE ENROLLED LEGALLY-EXEMPT PROVIDER IN WRITING OF THE VIOLATIONS AND REQUIRE THE PROVIDER TO CORRECT SUCH VIOLATIONS. § 6. Paragraph (a) of subdivision 4 of section 390 of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) The office of children and family services on an annual basis shall inspect [at least twenty percent of all registered family day care homes, registered child day care centers and registered school age child care programs to determine whether such homes, centers and programs are operating in compliance with applicable statutes and regulations. The office of children and family services shall increase the percentage of family day care homes, child day care centers and school age child care programs which are inspected pursuant to this subdivision as follows: to at least thirty percent by the thirty-first of December two thousand; and to at least fifty percent by the thirty-first of December two thou- sand one] ALL CHILD DAY CARE PROGRAMS AND ALL ENROLLED LEGALLY-EXEMPT S. 1506--A 70 A. 2006--A PROVIDERS OTHER THAN RELATIVE ENROLLED LEGALLY-EXEMPT PROVIDERS. The office of children and family services may provide for such inspections through purchase of services. [Priority shall be given to family day care homes which have never been licensed or certified prior to initial registration.] § 7. Subdivision 3 of section 390-a of the social services law, as added by chapter 416 of the laws of 2000, paragraph (b) as amended by chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter 117 of the laws of 2010, is amended to read as follows: 3. (a) The office of children and family services shall promulgate regulations requiring operators, program directors, employees and assistants of family day care homes, group family day care homes, school-age child care programs and child day care centers to receive PRE-SERVICE AND ANNUAL TRAINING, AS APPLICABLE. PROVIDED HOWEVER THAT SUCH PROVIDERS SHALL BE REQUIRED TO RECEIVE thirty hours of training every two years; provided, FURTHER however, that fifteen hours of such training must be received within the first six months of the initial licensure, registration or employment. Such training requirements shall also apply to any volunteer in such day care homes, programs or centers who has the potential for regular and substantial contact with children. The thirty hours of training required during the first biennial cycle after initial licensure or registration shall include training received while an application for licensure or registration pursuant to section three hundred ninety of this title is pending. The office of children and family services may provide this training through purchase of services. (b) The training required in paragraph (a) of this subdivision shall address TOPICS AND SUBJECT MATTERS REQUIRED BY FEDERAL LAW AND the following topics OR SUBJECT MATTERS, UNLESS SUCH TOPICS OR SUBJECT MATTERS ARE SUBSTANTIALLY COVERED IN TRAINING THAT IS REQUIRED PURSUANT TO FEDERAL LAW: (i) principles of childhood development, focusing on the developmental stages of the age groups for which the program provides care; (ii) nutrition and health needs of infants and children; (iii) child day care program development; (iv) safety and security procedures; (v) business record maintenance and management; (vi) child abuse and maltreatment identification and prevention; (vii) statutes and regulations pertaining to child day care; (viii) statutes and regulations pertaining to child abuse and maltreatment; and (ix) for operators, program directors, employees and assistants of family day care homes, group family day care homes and child day care centers, education and information on the identification, diagnosis and prevention of shaken baby syndrome. (c) For the thirty hours of biennial training required after the initial period of licensure or registration, each provider who can demonstrate basic competency shall determine in which of the specified topics he or she needs further study, based on the provider's experience and the needs of the children in the provider's care. (d) Family day care home and group family day care home operators shall obtain training pertaining to protection of the health and safety of children, as required by regulation, prior to the issuance of a license or registration by the office of children and family services. S. 1506--A 71 A. 2006--A (e) Upon request by the office of children and family services, the child day care applicant or provider shall submit documentation demon- strating compliance with the training requirements of this section. § 8. The section heading of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: Criminal history review AND BACKGROUND CLEARANCES of child care providers, generally. § 9. Subdivisions 1, 2 and 3 of section 390-b of the social services law are REPEALED and five new subdivisions 1, 1-a, 2, 3 and 3-a are added to read as follows: 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND SUBJECT TO RULES AND REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND, WHERE APPLICABLE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE FOLLOWING CLEARANCES SHALL BE CONDUCTED FOR ENTITIES SPEC- IFIED IN SUBDIVISION TWO OF THIS SECTION IN THE TIME AND MANNER AS REQUIRED BY THIS SECTION: (A) A CRIMINAL HISTORY RECORD CHECK WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES; (B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN EACH STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S CRIMINAL HISTORY RECORD INFORMATION WILL BE PROVIDED AS PART OF THE RESULTS OR THE CLEARANCE CONDUCTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; (C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES- TIGATION; THE DIVISION OF CRIMINAL JUSTICE SERVICES IS DIRECTED TO SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT TO AND CONSISTENT WITH PUBLIC LAW 113-186 TO DETERMINE WHETHER SUCH PERSONS SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION; (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY; (E) A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION; (F) A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE NATIONAL CRIME AND INFORMATION CENTER, ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.); (G) A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS ARTICLE; AND (H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS; IF APPLICABLE. 1-A. FOR PURPOSES OF THIS SECTION, AND IN ACCORDANCE WITH FEDERAL LAW, THE TERM "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL REFER TO A PERSON WHO MEETS THE DEFINITION OF "ENROLLED LEGALLY-EXEMPT PROVIDER" AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE AND WHO IS NOT AN INDIVIDUAL WHO IS RELATED TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES ARE PROVIDED. 2. IN RELATION TO ANY CHILD DAY CARE PROGRAM AND ANY ENROLLED LEGAL- LY-EXEMPT PROVIDER: (A) THE CLEARANCES REQUIRED PURSUANT TO PARAGRAPHS (A), (C), (D) AND (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONDUCTED FOR: S. 1506--A 72 A. 2006--A (I) EVERY PROSPECTIVE VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE; (II) EVERY APPLICANT TO BECOME AN ENROLLED LEGALLY-EXEMPT PROVIDER; (III) EVERY PROSPECTIVE CAREGIVER OR EMPLOYEE, INCLUDING DIRECTORS AND OPERATORS OF SUCH A PROGRAM; AND (IV) WHERE THE CHILD CARE SERVICES WILL BE OR ARE PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN OR OLDER WHO, FOR A PROSPECTIVE PROGRAM, RESIDES, OR WHO, FOR AN EXISTING PROGRAM, BEGINS RESIDING ON THE PREMISES WHERE THE CHILD CARE SERVICES ARE PROVIDED; (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO OCTOBER FIRST, TWO THOUSAND TWENTY, ALL CLEARANCES LISTED IN SUBDIVI- SION ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED PURSU- ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND FOR WHICH ON-GOING CRIMINAL HISTORY RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN ACCORD- ANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, FOR ALL: (I) EXISTING VOLUNTEERS WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE; (II) EXISTING CAREGIVERS AND EMPLOYEES INCLUDING DIRECTORS AND OPERA- TORS OF ANY SUCH PROGRAM; AND (III) WHERE THE CHILD CARE SERVICES ARE PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE, ANY INDIVIDUAL AGE EIGHTEEN OR OLDER WHO RESIDES ON THE PREMISES WHERE THE CHILD CARE SERVICES ARE PROVIDED; (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CLEARANCES REQUIRED PURSUANT TO THIS SECTION OTHER THAN THOSE FOR WHICH ON-GOING CRIMINAL HISTORY RESULTS ARE PROVIDED, SHALL BE CONDUCTED FOR A PERSON LISTED IN SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH (B) OF THIS SUBDIVISION AT LEAST ONCE EVERY FIVE YEARS IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN RELATION TO THE CLEARANCES REQUIRED PURSUANT THIS SECTION, AN INDIVIDUAL OR A PROGRAM SHALL BE DEEMED INELIGIBLE, AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF SUCH INDIVIDUAL: (I) REFUSES TO CONSENT TO SUCH CLEARANCE; (II) KNOWINGLY MAKES A MATERIALLY FALSE STATEMENT IN CONNECTION WITH SUCH A CLEARANCE; (III) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A STATE SEX OFFENDER REGISTRY OR REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.); OR (IV) HAS BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH (E) OR CLAUSES (I) THROUGH (VIII) OF SUBPARAGRAPH (D) OF PARAGRAPH (1) OF SUBDIVISION (C) OF 42 U.S.C. 9858F. (B) FOR PURPOSE OF THIS SUBDIVISION, THE TERM "INELIGIBLE" SHALL MEAN: (I) THE INDIVIDUAL WHO ENGAGED IN CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE PERMITTED TO: (1) OPERATE, DIRECT, BE THE CAREGIVER FOR, OR BE EMPLOYED BY A CHILD DAY CARE PROGRAM OR AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (2) BE A VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN A CHILD DAY CARE PROGRAM OR WITH AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (3) BE AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (II) IN RELATION TO CHILD DAY CARE PROGRAMS OR ANY ENROLLED LEGALLY- EXEMPT PROVIDERS, WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, TO A CHILD IN A HOME SETTING WHERE SUCH CHILD DOES NOT RESIDE, SUCH PROGRAM S. 1506--A 73 A. 2006--A OR PROVIDER SHALL NOT BE ELIGIBLE TO OPERATE OR TO BE ENROLLED TO SERVE CHILDREN RECEIVING CHILD CARE SUBSIDIES PURSUANT TO TITLE FIVE-C OF THIS ARTICLE, IF AN INDIVIDUAL OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE HOUSEHOLD WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, ENGAGED IN CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. 3-A. (A) IN RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY-EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT ANY EXISTING OPERATOR, DIRECTOR, CAREGIVER, OR PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD CARE IS PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE HAS BEEN CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHIL- DREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM, AND MAY DENY, LIMIT, SUSPEND, REVOKE OR REJECT SUCH PROGRAM'S LICENSE OR REGISTRATION OR TERMINATE OR REJECT SUCH PROGRAM'S ENROLLMENT, AS APPLICABLE, UNLESS THE OFFICE OF CHILDREN AND FAMILY SERVICES, DETERMINES IN ITS DISCRETION, THAT CONTINUED OPERA- TION BY THE CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH, SAFETY OR WELFARE OF THE CHILDREN CARED FOR IN THE PROGRAM OR BY THE PROVIDER. (B) IN RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY- EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT ANY EXISTING EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN HAS BEEN CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHILDREN OF FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM. THE OFFICE OF CHILDREN OF FAMILY SERVICES MAY DIRECT THE PROGRAM OR PROVIDER TO TERMINATE THE EMPLOYEE OR VOLUNTEER BASED ON SUCH A CONVICTION, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. (C) IN RELATION TO ANY CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGAL- LY-EXEMPT PROVIDERS OR ANY APPLICANTS TO BECOME AN ENROLLED LEGALLY-EX- EMPT PROVIDER, WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARA- GRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, FOR ANY PROSPECTIVE EMPLOYEE, VOLUNTEER, OR APPLICANT SEEKING ENROLLMENT, THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY DIRECT THAT SUCH PERSON NOT BE HIRED OR BE ENROLLED, AS APPLICABLE, BASED ON SUCH A CONVICTION, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. (D) (I) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN APPLICANT TO BE THE OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM, OR ANYONE WHO RESIDES IN THE HOME OVER THE AGE OF EIGHTEEN WHERE CHILD DAY CARE IS PROPOSED TO BE PROVIDED TO CHILDREN IN A HOME- BASED SETTING HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS FINALLY RESOLVED. (II) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT THE CURRENT OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM OR ANY PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD DAY CARE IS PROVIDED HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY SUSPEND A S. 1506--A 74 A. 2006--A LICENSE OR REGISTRATION OR TERMINATE ENROLLMENT BASED ON SUCH A CHARGE WHEN NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. (III) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN EXISTING CAREGIVER, VOLUNTEER OR AN EXISTING EMPLOYEE OF AN ENROLLED LEGALLY-EXEMPT PROVIDER OR ANY PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE CHILD CARE IS PROVIDED BY AN ENROLLED LEGALLY-EXEMPT PROVIDER IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE, HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL TAKE ONE OR MORE OF THE FOLLOWING STEPS: (A) CONDUCT A SAFETY ASSESSMENT; OR (B) TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. (IV) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN APPLICANT TO BE AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSU- PERVISED CONTACT WITH CHILDREN OF A CHILD DAY CARE PROGRAM HAS BEEN CHARGED WITH A CRIME, THE OFFICE SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS FINALLY RESOLVED. (V) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT A CURRENT EMPLOYEE, OR CURRENT VOLUNTEER WITH THE POTENTIAL FOR UNSUPER- VISED CONTACT WITH CHILDREN OF A CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM. § 10. Subdivision 6 of section 390-b of the social services law is REPEALED and a new subdivision 6 is added to read as follows: 6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY ANY REQUIRED PROCESSING FEE FOR A CRIMINAL HISTORY OR SEX OFFENDER CLEARANCE PURSUANT TO THIS SECTION. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMPTLY SUBMIT FINGERPRINTS OBTAINED PURSUANT TO THIS SECTION AND SUCH PROCESSING FEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. § 11. Subdivision 7 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: 7. Where the office of children and family services OR ITS DESIGNEE DENIES OR directs a child day care OR AN ENROLLED LEGALLY-EXEMPT provid- er to deny an application based on the criminal history record[,]; (A) the provider must notify the applicant that such record is the basis of the denial; AND (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY AS THE CASE MAY BE, SUCH CURRENT OR PROSPECTIVE OPERATOR, DIRECTOR, EMPLOYEE, ASSISTANT, LEGALLY EXEMPT PROVIDER, VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN OR OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER, WHO RESIDES IN THE HOME WHERE CARE IS PROVIDED, OTHER THAN THE CHILD'S HOME, THAT THE CRIMINAL RECORD CHECK WAS THE BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE SUCH INDI- VIDUAL WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD CHECK UPON WHICH SUCH DENIAL WAS BASED TOGETHER WITH A WRITTEN STATEMENT SETTING FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI- GATION. § 12. Subdivisions 9 and 10 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, are amended and a new subdivision 11 is added to read as follows: S. 1506--A 75 A. 2006--A 9. (A) Any criminal history record provided by the division of crimi- nal justice services, and any summary of the criminal history record provided by the office of children and family services to a [child day care provider] PERSON THAT RECEIVES A CLEARANCE pursuant to this section, is confidential and shall not be available for public inspection; provided, however, nothing herein shall prevent [a child day care provider or] the office of children and family services from disclosing criminal history information OR THE INDIVIDUAL FROM DISCLOS- ING HIS OR HER CRIMINAL HISTORY INFORMATION at any administrative or judicial proceeding relating to the denial or revocation of an applica- tion, employment, license or registration. The subject of a criminal history review conducted pursuant to this section shall be entitled to receive, upon written request, a copy of the summary of the criminal history record [provided by the office of children and family services to the child day care provider]. Unauthorized disclosure of such records or reports shall BE subject [the provider] to civil penalties in accordance with the provisions of subdivision eleven of section three hundred ninety of this title. (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO ANY NON-PUBLIC ENTITY. 10. A child day care OR ENROLLED LEGALLY-EXEMPT provider shall advise the office of children and family services when an individual who is subject to criminal history record review in accordance with subdivision one or two of this section is no longer subject to such review. The office of children and family services shall inform the division of criminal justice services when an individual who is subject to criminal history review is no longer subject to such review so that the division of criminal justice services may terminate its retain processing with regard to such person. At least once a year, the office of children and family services will be required to conduct a validation of the records maintained by the division of criminal justice services. 11. CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW YORK SHALL REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS OF ANY FEDERAL LAWS AND REGULATIONS PERTAINING TO THE CHILD CARE DEVELOP- MENT AND BLOCK GRANT AND THE RELATED FEDERALLY APPROVED PLANS OF THE STATE OF NEW YORK. § 13. Subparagraph (z) of paragraph (A) of subdivision 4 of section 422 of the social services law, as amended by section 11 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (z) an entity with appropriate legal authority in another state to license, certify or otherwise approve prospective foster parents, prospective adoptive parents, prospective relative guardians [or], prospective successor guardians OR CHILD CARE PROGRAM where disclosure of information regarding such prospective foster or prospective adoptive parents or prospective relative or prospective successor guardians and other persons over the age of eighteen residing in the home of such persons [is] OR WHERE CHILD CARE IS PROVIDED, AS required under EITHER title IV-E of the federal social security act OR THE FEDERAL CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT (SECTION NINE THOUSAND EIGHT HUNDRED FIFTY-EIGHT, ET SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and S. 1506--A 76 A. 2006--A § 14. Paragraph (a) of subdivision 1 of section 424-a of the social services law, as amended by section 12 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) A licensing agency shall inquire of the [department] OFFICE OF CHILDREN AND FAMILY SERVICES and the [department] OFFICE shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether an applicant for a certif- icate, license, ENROLLMENT or permit, [assistants to group] OR TO BECOME AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE OF A family day care [providers] PROVIDER OR AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE the director of a camp subject to the provisions of article thirteen-B of the public health law, a prospective successor guardian when a clearance is conducted pursuant to paragraph (d) of subdivision two of section four hundred fifty-eight-b of this article, and any person over the age of eighteen who resides in the home of a person who has applied to become an adoptive parent or a foster parent or to operate a family day care home or group family day care home or any person over the age of eigh- teen residing in the home of a prospective successor guardian when a clearance is conducted of a prospective successor guardian pursuant to this paragraph, OR ANY PERSON AGE EIGHTEEN OR OLDER THAT RESIDES ON THE PREMISES OF WHERE CHILD CARE IS PROVIDED IN A SETTING THAT IS NOT THE CHILD'S OWN HOME BY AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE has been or is currently the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment. § 15. Subdivision 4 of section 424-a of the social services law, as amended by section 14 of part L of chapter 56 of the laws of 2015, is amended to read as follows: 4. For purposes of this section, the term "licensing agency" shall mean an authorized agency which has received an application to become an adoptive parent or an authorized agency which has received an applica- tion for a certificate or license to receive, board or keep any child pursuant to the provisions of section three hundred seventy-six or three hundred seventy-seven of this article or an authorized agency which has received an application from a relative within the second degree or third degree of consanguinity of the parent of a child or a relative within the second degree or third degree of consanguinity of the step- parent of a child or children, or the child's legal guardian for approval to receive, board or keep such child, or an authorized agency that conducts a clearance pursuant to paragraph (d) of subdivision two of section four hundred fifty-eight-b of this article, or a state or local governmental agency which receives an application to provide child day care services in a child day care center, school-age child care program, family day care home or group family day care home OR ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE pursuant to the provisions of section three hundred ninety of this article, or the department of health and mental hygiene of the city of New York, when such department receives an application for a certificate of approval to provide child day care services in a child day care center pursuant to the provisions of the health code of the city of New York, or the office of mental health or the office for people with developmental disabili- ties when such office receives an application for an operating certif- S. 1506--A 77 A. 2006--A icate pursuant to the provisions of the mental hygiene law to operate a family care home, or a state or local governmental official who receives an application for a permit to operate a camp which is subject to the provisions of article thirteen-B of the public health law or the office of children and family services which has received an application for a certificate to receive, board or keep any child at a foster family home pursuant to articles nineteen-G and nineteen-H of the executive law or any other facility or provider agency, as defined in subdivision four of section four hundred eighty-eight of this chapter, in regard to any licensing or certification function carried out by such facility or agency. § 16. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remained thereof, but shall by confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not be included herein. § 17. This act shall take effect immediately; provided, however that sections one, two, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act shall take effect September 1, 2019; and provided, further that sections three, four, five and six of this act shall take effect September 30, 2019; and provided, further, that the office of children and family services is authorized to promulgate any rules or regulations necessary for the implementation of this act on its effective date. PART I Section 1. Subdivision 1 of section 378-a of the social services law, as amended by chapter 83 of the laws of 2013, is amended to read as follows: 1. (A) Every authorized agency which operates a residential program for children licensed or certified by the office of children and family services, and the office of children and family services in relation to any juvenile justice program it operates, shall request that the justice center for the protection of people with special needs check, and upon such request, such justice center shall request and shall be authorized to receive from the division of criminal justice services and the feder- al bureau of investigation criminal history information, as such phrase is defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law concerning each prospective operator, employee or volunteer of such a residential program who will have regu- lar and substantial unsupervised or unrestricted physical contact with children in such program. (B) EVERY AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REQUEST THAT THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS CHECK, AND UPON SUCH REQUEST, SUCH JUSTICE CENTER SHALL REQUEST AND SHALL BE AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN S. 1506--A 78 A. 2006--A PARAGRAPH (C) OF SUBDIVISION ONE OF THE SECTION EIGHT HUNDRED FORTY- FIVE-B OF THE EXECUTIVE LAW, FOR EVERY: (I) PROSPECTIVE EMPLOYEE OF SUCH PROGRAM THAT IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION IN CONNECTION TO SUCH EMPLOYMENT. (C) For the purposes of this section, "operator" shall include any natural person with an ownership interest in the authorized agency. (D) Access to and the use of [such] information OBTAINED PURSUANT TO THIS SUBDIVISION shall be governed by the provisions of section eight hundred forty-five-b of the executive law. § 2. Paragraph A of subdivision 4 of section 422 of the social services law, is amended by adding a new subparagraph (bb) to read as follows: (BB) AN ENTITY WITH APPROPRIATE LEGAL AUTHORITY IN ANOTHER STATE TO LICENSE, CERTIFY OR OTHERWISE APPROVE RESIDENTIAL PROGRAMS FOR FOSTER CHILDREN WHERE DISCLOSURE OF INFORMATION REGARDING ANY PROSPECTIVE OR CURRENT EMPLOYEE OF SUCH PROGRAM IS REQUIRED BY PARAGRAPH TWENTY OF SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO OF THE UNITED STATES CODE. § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 424-a of the social services law, as amended by section 8-a of part D of chapter 501 of the laws of 2012, is amended to read as follows: (i) (A) Subject to the provisions of subdivision seven of this section, a provider agency shall inquire of the office and the office shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether any person who is actively being considered for employment and who will have the poten- tial for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsuper- vised contact with such individuals. Such agency may inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is currently employed and who has the potential for regular and substantial contact with individuals who are cared for by such agency is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment. A provider agency shall also inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is employed by an individual, corpo- ration, partnership or association which provides goods or services to such agency who has the potential for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsupervised contact with such individuals. Inquiries made to the office pursuant to this subparagraph by a provider agency on current employees shall be made no more often than once in any six month period. (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, WHERE THE PROVID- ER AGENCY IS AN AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM S. 1506--A 79 A. 2006--A FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES SUCH AGENCY SHALL INQUIRE OF THE OFFICE AND THE OFFICE SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDI- VISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER: (I) ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT IN SUCH PROGRAM WHO IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT; AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHETHER ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SUBPARAGRAPH IN CONNECTION TO SUCH EMPLOYMENT IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. § 4. This act shall take effect July 1, 2019. PART J Section 1. The section heading and the opening paragraph of subdivi- sion 1 of section 131-u of the social services law, as amended by chap- ter 169 of the laws of 1994, is amended to read as follows: Domestic violence services [to eligible persons]. Notwithstanding any inconsistent provision of law, a social services district shall, in accordance with the provisions of this section and regulations of the department, offer and provide emergency shelter and services at a residential program for victims of domestic violence, as defined in article six-A of this chapter, to the extent that such shel- ter and services are necessary and available to a victim of domestic violence, as defined in article six-A of this chapter, and in need of emergency shelter and services, who was residing in the social services district at the time of the alleged domestic violence [and who:]. § 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u of the social services law are REPEALED. § 3. Subdivision 2 of section 131-u of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: 2. The department [shall] MAY annually establish, subject to the approval of the director of the budget, a daily rate of reimbursement for each residential program for victims of domestic violence, as defined in article six-A of this chapter, certified by the department which provides emergency shelter and services to persons eligible for such emergency shelter and services pursuant to this section. A social services district financially responsible for a victim of domestic violence shall reimburse a residential program for victims of domestic violence for the costs of emergency shelter and services provided to such victim at the daily reimbursement rate established by the depart- ment reduced by [the sum of all fees which such victim is able to pay toward the costs of such shelter and services as determined in accord- ance with the public assistance budgeting rules set forth in the regu- lations of the department and by] any [third party] OTHER reimbursement available for such costs. § 4. Section 459-f of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: S. 1506--A 80 A. 2006--A § 459-f. [Fees] PAYMENT for services. [Any program defined in subdivi- sion four of section four hundred fifty-nine-a of this article may charge a service fee to a victim of domestic violence who is able to pay all or part of the costs of the emergency shelter and services provided to the victim.] Payments by a social services district to a residential program for victims of domestic violence for the costs of emergency shelter and services provided to a victim of domestic violence at the daily reimbursement rate determined by the department in accordance with section one hundred thirty-one-u of this chapter shall be reduced by the sum of [all fees which such victim is able to pay toward the costs of such shelter and services as determined in accordance with the public assistance budgeting rules set forth in the regulations of the depart- ment and by] any [third party] OTHER reimbursement available for such costs. § 5. This act shall take effect April 1, 2019. PART K Section 1. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chap- ter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivi- sions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: § 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigi- ble, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 or 230.00 of the penal law, or who appears to be a sexu- ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- sion one of section four hundred forty-seven-a of the social services law, but only if the child consents to the filing of a petition under this article. (b) ["Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the exec- utive law. (c) "Secure detention facility". A facility characterized by phys- ically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e)] "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he OR SHE violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his OR HER parents, guardian or legal custodian. [(f)] (C) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. [(g)] (D) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. S. 1506--A 81 A. 2006--A [(h)] (E) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriate- ness of the permanency plan developed by the social services official on behalf of such respondent. [(i)] (F) "Diversion services". Services provided to children and families pursuant to section seven hundred thirty-five of this article for the purpose of avoiding the need to file a petition [or direct the detention of the child]. Diversion services shall include: efforts to adjust cases pursuant to this article before a petition is filed, or by order of the court, after the petition is filed but before fact-finding is commenced; and preventive services provided in accordance with section four hundred nine-a of the social services law to avert the placement of the child [into foster care], including crisis intervention and respite services. Diversion services may also include, in cases where any person is seeking to file a petition that alleges that the child has a substance use disorder or is in need of immediate detoxifi- cation or substance use disorder services, an assessment for substance use disorder; provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assess- ment or substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. [(j)] (G) "Substance use disorder". The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person's physical and mental health or the welfare of others. [(k)] (H) "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than eighteen years of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others. [(l)] (I) "A substance use disorder which could make a youth a danger to himself or herself or others". A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services. [(m)] (J) "Substance use disorder services". Substance use disorder services shall have the same meaning as provided for in section 1.03 of the mental hygiene law. § 2. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] § 3. Section 720 of the family court act, as amended by chapter 419 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) of subdivision 5 as added by section 8 of part G of chapter 58 of the laws of 2010, is amended to read as follows: § 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER- WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom the provisions of this article may apply, shall be detained in any pris- S. 1506--A 82 A. 2006--A on, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with a crime. [2. The detention of a child in a secure detention facility shall not be directed under any of the provisions of this article. 3. Detention of a person alleged to be or adjudicated as a person in need of supervision shall, except as provided in subdivision four of this section, be authorized only in a foster care program certified by the office of children and family services, or a certified or approved family boarding home, or a non-secure detention facility certified by the office and in accordance with section seven hundred thirty-nine of this article. The setting of the detention shall take into account (a) the proximity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and (b) the existing educational setting of such person and the proximity of such setting to the location of the detention setting. 4. Whenever detention is authorized and ordered pursuant to this arti- cle, for a person alleged to be or adjudicated as a person in need of supervision, a family court in a city having a population of one million or more shall, notwithstanding any other provision of law, direct detention in a foster care facility established and maintained pursuant to the social services law. In all other respects, the detention of such a person in a foster care facility shall be subject to the identical terms and conditions for detention as are set forth in this article and in section two hundred thirty-five of this act. 5. (a) The court shall not order or direct detention under this arti- cle, unless the court determines that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (b) Where the youth is sixteen years of age or older, the court shall not order or direct detention under this article, unless the court determines and states in its order that special circumstances exist to warrant such detention. (c) If the respondent may be a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short- term safe house as defined in subdivision two of section four hundred forty-seven-a of the social services law as an alternative to detention.] § 4. Section 727 of the family court act is REPEALED. § 5. The section heading and subdivisions (c) and (d) of section 728 of the family court act, subdivision (d) as added by chapter 145 of the laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision (d) as renumbered by section 5 of part E of chapter 57 of the laws of 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision (d) as added by section 10 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Discharge[,] OR release [or detention] by judge after hearing and before filing of petition in custody cases. (c) An order of release under this section may, but need not, be conditioned upon the giving of a recognizance in accord with [sections seven hundred twenty-four (b)] PARAGRAPH (i) OF SUBDIVISION (B) OF SECTION SEVEN HUNDRED TWENTY-FOUR OF THIS ARTICLE. S. 1506--A 83 A. 2006--A [(d) Upon a finding of facts and reasons which support a detention order pursuant to this section, the court shall also determine and state in any order directing detention: (i) that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (ii) whether continuation of the child in the child's home would be contrary to the best interests of the child based upon, and limited to, the facts and circumstances available to the court at the time of the hearing held in accordance with this section; and (iii) where appropriate, whether reasonable efforts were made prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the child from his or her home or, if the child had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the child to safely return home; and (iv) whether the setting of the detention takes into account the prox- imity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and the existing educational setting of such person and the proximity of such setting to the location of the detention setting.] § 6. Section 729 of the family court act is REPEALED. § 7. Subdivisions (b), paragraph (i) of subdivision (d) and subdivi- sion (f) of section 735 of the family court act, subdivision (b) as amended by chapter 38 of the laws of 2014, paragraph (i) of subdivision (d) as amended by chapter 535 of the laws of 2011 and subdivision (f) as added by section 7 of part E of chapter 57 of the laws of 2005, are amended to read as follows: (b) The designated lead agency shall: (i) confer with any person seeking to file a petition, the youth who may be a potential respondent, his or her family, and other interested persons, concerning the provision of diversion services before any peti- tion may be filed; and (ii) diligently attempt to prevent the filing of a petition under this article or, after the petition is filed, to prevent the placement of the youth into foster care; and (iii) assess whether the youth would benefit from residential respite services; and (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND (V) determine whether alternatives to detention are appropriate to avoid remand of the youth to detention; and [(v)] (VI) determine whether an assessment of the youth for substance use disorder by an office of alcoholism and substance abuse services certified provider is necessary when a person seeking to file a petition alleges in such petition that the youth is suffering from a substance use disorder which could make the youth a danger to himself or herself or others. Provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assessment or for any substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. The office of alco- S. 1506--A 84 A. 2006--A holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. (i) providing, at the first contact, information on the availability of or a referral to services in the geographic area where the youth and his or her family are located that may be of benefit in avoiding the need to file a petition under this article; including the availability, for up to twenty-one days, of a residential respite program, if the youth and his or her parent or other person legally responsible for his or her care agree, and the availability of other non-residential crisis intervention programs such as family crisis counseling or alternative dispute resolution programs or an educational program as defined in section four hundred fifty-eight-l of the social services law. (f) Efforts to prevent the filing of a petition pursuant to this section may extend until the designated lead agency determines that there is no substantial likelihood that the youth and his or her family will benefit from further attempts. Efforts at diversion pursuant to this section may continue after the filing of a petition where the designated lead agency determines that the youth and his or her family will benefit from further attempts to prevent PLACEMENT OF the youth [from entering foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE. § 8. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: § 739. Release or [detention] REFERRAL after filing of petition and prior to order of disposition. [(a)] After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent [or direct his or her detention]. If the respondent may be a sexually exploited child as defined in subdi- vision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as an alternative to detention. However, the court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to detention have been exhausted. (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no detention under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circumstances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and (ii) where appropriate, whether reasonable efforts were made prior to the date of the court order directing detention in accordance with this section, to prevent or eliminate the need for removal of the respondent from his or her home or, if the respondent had been removed from his or S. 1506--A 85 A. 2006--A her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the respondent to safely return home]. § 9. Section 741-a of the family court act, as amended by section 3 of part B of chapter 327 of the laws of 2007, is amended to read as follows: § 741-a. Notice and right to be heard. The foster parent caring for [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any pre-adoptive parent or relative providing care for the respondent shall be provided with notice of any permanency hearing held pursuant to this article by the social services official. Such foster parent, pre-adoptive parent or relative shall have the right to be heard at any such hearing; provided, however, no such foster parent, pre-adoptive parent or relative shall be construed to be a party to the hearing solely on the basis of such notice and right to be heard. The failure of the foster parent, pre-a- doptive parent, or relative caring for the child to appear at a perman- ency hearing shall constitute a waiver of the right to be heard and such failure to appear shall not cause a delay of the permanency hearing nor shall such failure to appear be a ground for the invalidation of any order issued by the court pursuant to this section. § 10. Section 747 of the family court act is REPEALED. § 11. Section 748 of the family court act is REPEALED. § 12. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An [adjournment on the court's motion may not be for a period of more than ten days if the respondent is detained, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not detained, an] adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. § 13. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, subparagraph (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) The order shall state the court's reasons for the particular disposition. If the court places the child in accordance with section seven hundred fifty-six of this part, the court in its order shall determine: (i) whether continuation in the child's home would be contra- ry to the best interest of the child and where appropriate, that reason- able efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and, if the child was removed from his or her home prior to the date of such hearing, that such removal was in the child's best interest and, where appropriate, reason- able efforts were made to make it possible for the child to return safe- ly home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circum- stances, the court order shall include such a finding; and (ii) in the case of a child who has attained the age of fourteen, the services need- ed, if any, to assist the child to make the transition from foster care S. 1506--A 86 A. 2006--A to independent living. [Nothing in this subdivision shall be construed to modify the standards for directing detention set forth in section seven hundred thirty-nine of this article.] § 14. Section 756 of the family court act, as amended by chapter 920 of the laws of 1982, paragraph (i) of subdivision (a) as amended by chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) of subdivision (a) as amended by section 11 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 1999, and subdivision (c) as amended by section 10 of part E of chapter 57 of the laws of 2005, is amended to read as follows: § 756. Placement. (a) (i) For purposes of section seven hundred fifty-four OF THIS PART, the court may place the child in its own home or in the custody of a suitable relative or other suitable private person [or a commissioner of social services], subject to the orders of the court. (ii) [Where the child is placed] IF THE COURT FINDS THAT THE RESPOND- ENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY PLACE THE CHILD with the commissioner of the local social services district[, the court] AND may direct the commissioner to place the child with an authorized agency or class of authorized agencies, including[, if the court finds that the respondent is a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law,] an available long-term safe house. Unless the dispositional order provides otherwise, the court so directing shall include one of the following alternatives to apply in the event that the commissioner is unable to so place the child: (1) the commissioner shall apply to the court for an order to stay, modify, set aside, or vacate such directive pursuant to the provisions of section seven hundred sixty-two or seven hundred sixty-three OF THIS PART; or (2) the commissioner shall return the child to the family court for a new dispositional hearing and order. (b) Placements under this section may be for an initial period of twelve months. The court may extend a placement pursuant to section seven hundred fifty-six-a. In its discretion, the court may recommend restitution or require services for public good pursuant to section seven hundred fifty-eight-a OF THIS PART in conjunction with an order of placement. For the purposes of calculating the initial period of place- ment, such placement shall be deemed to have commenced sixty days after the date the child was removed from his or her home in accordance with the provisions of this article. [If the respondent has been in detention pending disposition, the initial period of placement ordered under this section shall be credited with and diminished by the amount of time spent by the respondent in detention prior to the commencement of the placement unless the court finds that all or part of such credit would not serve the best interests of the respondent. (c) A placement pursuant to this section with the commissioner of social services shall not be directed in any detention facility, but the court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-eight of the social services law, upon written documentation to the office of children and family services that the youth is in need of S. 1506--A 87 A. 2006--A specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement.] § 15. Section 758-a of the family court act, as amended by chapter 73 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the laws of 2007, subdivision 2 as amended by chapter 309 of the laws of 1996, and subdivision 3 as separately amended by chapter 568 of the laws of 1979, is amended to read as follows: § 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the court may (a) recommend as a condition of placement, or order as a condition of probation or suspended judgment, restitution in an amount representing a fair and reasonable cost to replace the property or repair the damage caused by the [infant] CHILD, not, however, to exceed one thousand dollars. [In the case of a placement, the court may recommend that the infant pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the agency with which he is placed, and in the case of probation or suspended judgment, the] THE court may require that the [infant] CHILD pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the court; and/or (b) order as a condition of placement, probation, or suspended judg- ment, services for the public good including in the case of a crime involving willful, malicious, or unlawful damage or destruction to real or personal property maintained as a cemetery plot, grave, burial place, or other place of interment of human remains, services for the mainte- nance and repair thereof, taking into consideration the age and physical condition of the [infant] CHILD. 2. [If the court recommends restitution or requires services for the public good in conjunction with an order of placement pursuant to section seven hundred fifty-six, the placement shall be made only to an authorized agency which has adopted rules and regulations for the super- vision of such a program, which rules and regulations shall be subject to the approval of the state department of social services. Such rules and regulations shall include, but not be limited to provisions (i) assuring that the conditions of work, including wages, meet the stand- ards therefor prescribed pursuant to the labor law; (ii) affording coverage to the child under the workers' compensation law as an employee of such agency, department or institution; (iii) assuring that the enti- ty receiving such services shall not utilize the same to replace its regular employees; and (iv) providing for reports to the court not less frequently than every six months, unless the order provides otherwise. 3.] If the court requires restitution or services for the public good [as a condition of probation or suspended judgment], it shall provide that an agency or person supervise the restitution or services and that such agency or person report to the court not less frequently than every six months, unless the order provides otherwise. Upon the written notice sent by a school district to the court and the appropriate probation department or agency which submits probation recommendations or reports to the court, the court may provide that such school district shall supervise the performance of services for the public good. [4.] 3. The court, upon receipt of the reports provided for in subdi- vision two [or three] of this section may, on its own motion or the S. 1506--A 88 A. 2006--A motion of any party or the agency, hold a hearing to determine whether the [placement] CONDITION should be altered or modified. § 16. Section 774 of the family court act is amended to read as follows: § 774. Action on petition for transfer. On receiving a petition under section seven hundred seventy-three OF THIS PART, the court may proceed under sections seven hundred thirty-seven, seven hundred thirty-eight or seven hundred thirty-nine OF THIS ARTICLE with respect to the issuance of a summons or warrant [and sections seven hundred twenty-seven and seven hundred twenty-nine govern questions of detention and failure to comply with a promise to appear]. Due notice of the petition and a copy of the petition shall also be served personally or by mail upon the office of the locality chargeable for the support of the person involved and upon the person involved and his OR HER parents and other persons. § 17. Subdivisions 3, 3-a, 11 and 12 of section 398 of the social services law, subdivision 3 as amended by chapter 419 of the laws of 1987, paragraph (c) of subdivision 3 as amended by section 19 of part E of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11 as added by chapter 514 of the laws of 1976 and subdivision 12 as amended by section 12 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: 3. As to delinquent children [and persons in need of supervision]: (a) Investigate complaints as to alleged delinquency of a child. (b) Bring such case of alleged delinquency when necessary before the family court. (c) Receive within fifteen days from the order of placement as a public charge any delinquent child committed or placed [or person in need of supervision placed] in his or her care by the family court provided, however, that the commissioner of the social services district with whom the child is placed may apply to the state commissioner or his or her designee for approval of an additional fifteen days, upon written documentation to the office of children and family services that the youth is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement. [3-a. As to delinquent children: (a)] (D) (1) Conditionally release any juvenile delinquent placed with the district to aftercare whenever the district determines conditional release to be consistent with the needs and best interests of such juve- nile delinquent, that suitable care and supervision can be provided, and that there is a reasonable probability that such juvenile delinquent can be conditionally released without endangering public safety; provided, however, that such conditional release shall be made in accordance with the regulations of the office of children and family services, and provided further that no juvenile delinquent while absent from a facili- ty or program without the consent of the director of such facility or program shall be conditionally released by the district solely by reason of the absence. (2) It shall be a condition of such release that a juvenile delinquent so released shall continue to be the responsibility of the social services district for the period provided in the order of placement. (3) The social services district may provide clothing, services and other necessities for any conditionally released juvenile delinquent, as may be required, including medical care and services not provided to S. 1506--A 89 A. 2006--A such juvenile delinquent as medical assistance for needy persons pursu- ant to title eleven of article five of this chapter. (4) The social services district, pursuant to the regulations of the office of children and family services, may cause a juvenile delinquent to be returned to a facility operated and maintained by the district, or an authorized agency under contract with the district, at any time with- in the period of placement, where there is a violation of the conditions of release or a change of circumstances. (5) Juvenile delinquents conditionally released by a social services district may be provided for as follows: (i) If, in the opinion of the social services district, there is no suitable parent, relative or guardian to whom a juvenile delinquent can be conditionally released, and suitable care cannot otherwise be secured, the district may conditionally release such juvenile delinquent to the care of any other suitable person; provided that where such suit- able person has no legal relationship with the juvenile, the district shall advise such person of the procedures for obtaining custody or guardianship of the juvenile. (ii) If a conditionally released juvenile delinquent is subject to article sixty-five of the education law or elects to participate in an educational program leading to a high school diploma, he or she shall be enrolled in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If a condi- tionally released juvenile delinquent is not subject to article sixty- five of the education law, and does not elect to participate in an educational program leading to a high school diploma, steps shall be taken, to the extent possible, to facilitate his or her gainful employ- ment or enrollment in a vocational program following release. [(b)] (E) When a juvenile delinquent placed with the social services district is absent from placement without consent, such absence shall interrupt the calculation of time for his or her placement. Such inter- ruption shall continue until such juvenile delinquent returns to the facility or authorized agency in which he or she was placed. Provided, however, that any time spent by a juvenile delinquent in custody from the date of absence to the date placement resumes shall be credited against the time of such placement provided that such custody: (1) was due to an arrest or surrender based upon the absence; or (2) arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment. [(c)] (F) In addition to the other requirements of this section, no juvenile delinquent placed with a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of this chapter pursuant to a restrictive placement under the family court act shall be released except pursuant to section 353.5 of the family court act. 11. In the case of a child who is adjudicated [a person in need of supervision or] a juvenile delinquent and is placed by the family court with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and who is placed by [the division for youth] SUCH OFFICE with an authorized agency pursuant to court order, the social services official shall make expenditures in accordance with the regulations of the department for the care and maintenance of such child during the term of such placement subject to state reimbursement pursuant to SECTION ONE HUNDRED FIFTY- THREE-K OF this [title, or article nineteen-G of the executive law in applicable cases] ARTICLE. S. 1506--A 90 A. 2006--A 12. A social services official shall be permitted to place persons adjudicated [in need of supervision or] delinquent[, and alleged persons to be in need of supervision] in detention pending transfer to a place- ment, in the same foster care facilities as are providing care to desti- tute, neglected, abused or abandoned children. Such foster care facili- ties shall not provide care to a youth in the care of a social services official as a convicted juvenile offender. § 18. Paragraph (a) of subdivision 1 of section 409-a of the social services law, as amended by chapter 87 of the laws of 1993, subparagraph (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) as amended by section 22 of part C of chapter 83 of the laws of 2002, is amended to read as follows: (a) A social services official shall provide preventive services to a child and his or her family, in accordance with the family's service plan as required by section four hundred nine-e of this [chapter] ARTI- CLE and the social services district's child welfare services plan submitted and approved pursuant to section four hundred nine-d of this [chapter] ARTICLE, upon a finding by such official that [(i)] the child will be placed, returned to or continued in foster care unless such services are provided and that it is reasonable to believe that by providing such services the child will be able to remain with or be returned to his or her family, and for a former foster care youth under the age of twenty-one who was previously placed in the care and custody or custody and guardianship of the local commissioner of social services or other officer, board or department authorized to receive children as public charges where it is reasonable to believe that by providing such services the former foster care youth will avoid a return to foster care [or (ii) the child is the subject of a petition under article seven of the family court act, or has been determined by the assessment service established pursuant to section two hundred forty-three-a of the execu- tive law, or by the probation service where no such assessment service has been designated, to be at risk of being the subject of such a peti- tion, and the social services official determines that the child is at risk of placement into foster care]. Such finding shall be entered in the child's uniform case record established and maintained pursuant to section four hundred nine-f of this [chapter] ARTICLE. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this [subparagraph] PARA- GRAPH. § 18-a. Subparagraph (ii) of paragraph (a) of subdivision 1 of section 409-a of the social services law, as amended by chapter 87 of the laws of 1993, is amended to read as follows: [(ii) the child is the subject of a petition under article seven of the family court act, or has been determined by the assessment service established pursuant to section two hundred forty-three-a of the execu- tive law, or by the probation service where no such assessment service has been designated, to be at risk of being the subject of such a peti- tion, and the social services official determines according to standards promulgated pursuant to section three hundred ninety-eight-b of this chapter that the child is at risk of placement into foster care.] Such finding shall be entered in the child's uniform case record established and maintained pursuant to section four hundred nine-f of this [chapter] ARTICLE. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility S. 1506--A 91 A. 2006--A for mandated preventive services pursuant to [clause (ii) of] this para- graph. § 19. Subdivision 3 of section 502 of the executive law, as amended by section 79 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: 3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three [or seven] of the family court act, or held pending a hearing for alleged violation of the condi- tions of release from an office of children and family services facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole as a juvenile offender, youthful offender or adolescent offender or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender, youthful offender or adolescent offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders, youthful offenders or adolescent offenders who have not attained their eighteenth or, commencing October first, two thousand eighteen, their twenty-first birthday shall be subject to detention in a detention facility. Commencing October first, two thou- sand eighteen, a youth who on or after such date committed an offense when the youth was sixteen years of age; or commencing October first, two thousand nineteen, a youth who committed an offense on or after such date when the youth was seventeen years of age held pursuant to a secur- ing order of a criminal court if the youth is charged as an adolescent offender or held pending a hearing for alleged violation of the condi- tion of parole as an adolescent offender, must be held in a specialized secure juvenile detention facility for older youth certified by the state office of children and family services in conjunction with the state commission of correction. § 20. Subdivision 1, the opening paragraph of subdivision 2 and subparagraph (i) of paragraph (a) of subdivision 3 of section 529-b of the executive law, as amended by section 99 of part WWW of chapter 59 of the laws of 2017, are amended to read as follows: 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents [or persons alleged or adjudicated to be in need of supervision], or youth alleged to be or convicted as juvenile offenders, youthful offenders or adolescent offenders from placement in detention or in residential care shall be subject to state reimbursement under the supervision and treat- ment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution under the supervision and treat- ment services for juveniles program. (b) The state funds appropriated for the supervision and treatment services for juveniles program shall be distributed to eligible munici- palities by the office of children and family services based on a plan developed by the office which may consider historical information regarding the number of youth seen at probation intake for an alleged act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY COURT ACT, the number of youth remanded to detention, the number of juvenile delinquents placed with the office, the number of S. 1506--A 92 A. 2006--A juvenile delinquents [and persons in need of supervision] placed in residential care with the municipality, the municipality's reduction in the use of detention and residential placements, and other factors as determined by the office. Such plan developed by the office shall be subject to the approval of the director of the budget. The office is authorized, in its discretion, to make advance distributions to a muni- cipality in anticipation of state reimbursement. As used in this section, the term "municipality" shall mean a county, or a city having a population of one million or more, and "supervision and treatment services for juveniles" shall mean community-based services or programs designed to safely maintain youth in the community pending a family court disposition or conviction in criminal court and services or programs provided to youth adjudicated as juvenile delin- quents [or persons in need of supervision], or youth alleged to be juve- nile offenders, youthful offenders or adolescent offenders to prevent residential placement of such youth or a return to placement where such youth have been released to the community from residential placement OR PROGRAMS PROVIDED TO YOUTH ALLEGED TO BE ADJUDICATED PERSONS IN NEED OF SUPERVISION TO PREVENT SUCH YOUTH FROM FURTHER INVOLVEMENT IN THE JUVE- NILE OR CRIMINAL JUSTICE SYSTEMS. Supervision and treatment services for juveniles may include but are not limited to services or programs that: (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents [and persons in need of supervision] are remanded to detention or residentially placed; § 21. The opening paragraph and paragraph (a) of subdivision 2, subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 5, and subdivision 7 of section 530 of the executive law, the opening paragraph and paragraph (a) of subdivision 2 and subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as amended by section 100 of part WWW of chapter 59 of the laws of 2017 and subdivi- sion 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Expenditures made by municipalities in providing care, maintenance and supervision to youth in detention facilities designated pursuant to [sections seven hundred twenty and] section 305.2 of the family court act and certified by office of children and family services, shall be subject to reimbursement by the state, as follows: (a) Notwithstanding any provision of law to the contrary, eligible expenditures by a municipality during a particular program year for the care, maintenance and supervision [in foster care programs certified by the office of children and family services, certified or approved family boarding homes, and non-secure detention facilities certified by the office for those youth alleged to be persons in need of supervision or adjudicated persons in need of supervision held pending transfer to a facility upon placement; and] in secure and non-secure detention facili- ties certified by the office in accordance with section five hundred three of this article for those youth alleged to be juvenile delin- quents; adjudicated juvenile delinquents held pending transfer to a facility upon placement, and juvenile delinquents held at the request of the office of children and family services pending extension of place- ment hearings or release revocation hearings or while awaiting disposi- tion of such hearings; and youth alleged to be or convicted as juvenile offenders, youthful offenders and adolescent offenders AND PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, YOUTH ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PEND- ING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTI- S. 1506--A 93 A. 2006--A FIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, CERTIFIED OR APPROVED FOSTER BOARDING HOMES AND NON-SECURE DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state reimbursement for up to fifty percent of the municipality's expenditures, exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution from funds that have been appropriated specifically therefor for that program year. Municipalities shall imple- ment the use of detention risk assessment instruments in a manner prescribed by the office so as to inform detention decisions. Notwith- standing any other provision of state law to the contrary, data neces- sary for completion of a detention risk assessment instrument may be shared among law enforcement, probation, courts, detention administra- tors, detention providers, and the attorney for the child upon retention or appointment; solely for the purpose of accurate completion of such risk assessment instrument, and a copy of the completed detention risk assessment instrument shall be made available to the applicable detention provider, the attorney for the child and the court. (1) temporary care, maintenance and supervision provided to alleged juvenile delinquents [and persons in need of supervision] in detention facilities certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act by the office of children and family services, pending adjudication of alleged delinquency [or alleged need of supervision] by the family court, or pending transfer to insti- tutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a criminal court if the person named therein as prin- cipal is under seventeen years of age; or (4) PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY temporary care, main- tenance and supervision provided youth detained in foster care facili- ties or certified or approved family boarding homes pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved and certified by the office of children and family services and certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act, in order to assure that adequate accommodations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursu- ant to paragraph (a) of this subdivision, shall be reimbursed as expend- itures for care, maintenance and supervision under the provisions of this section, provided the office shall have given its prior approval for reserving such accommodations. 7. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, at such times and in such form and manner and containing such information as required by the office of children and family services, an annual report on youth remanded pursuant to article three or seven of the fami- ly court act who are detained during each calendar year including, commencing January first, two thousand twelve, the risk level of each detained youth as assessed by a detention risk assessment instrument approved by the office of children and family services PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER- EAFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. The office may require that such data on detention use be submitted to the office electron- ically. Such report shall include, but not be limited to, the reason for the court's determination in accordance with section 320.5 or seven S. 1506--A 94 A. 2006--A hundred thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. The office shall submit a compi- lation of all the separate reports to the governor and the legislature. § 22. Subdivision 8 of section 530 of the executive law is REPEALED. § 23. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 24. This act shall take effect January 1, 2020 and shall be deemed to be applicable to the detention or placement of youth pursuant to petitions filed pursuant to article seven of the family court act on or after such effective date; provided, however, that: (a) the amendments to subdivision 3-a of section 398 of the social services law made by section seventeen of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; and (b) the amendments to subparagraph (ii) of paragraph (a) of subdivi- sion 1 of section 409-a of the social services law made by section eigh- teen of this act shall be subject to the expiration and reversion of such subparagraph pursuant to section 28 of part C of chapter 83 of the laws of 2002, as amended, when upon such date the provisions of section eighteen-a of this act shall take effect. PART L Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$144.00] $148.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$166.00] $171.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$198.00] $204.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (d) for the period commencing January first, two thousand [nineteen] TWENTY, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [nineteen] TWENTY, but prior to June thirtieth, two thousand [nineteen] TWENTY, rounded to the nearest whole dollar. S. 1506--A 95 A. 2006--A § 2. Paragraph (a), (b), (c), (d), (e) and (f) of subdivision 2 of section 209 of the social services law, as amended by section 2 of part YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living alone, [$837.00] $858.00; and for an eligible couple living alone, [$1,229.00] $1,261.00. (b) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living with others with or without in-kind income, [$773.00] $794.00; and for an eligible couple living with others with or without in-kind income, [$1,171.00] $1,203.00. (c) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving family care, [$1,016.48] $1,037.48 if he or she is receiving such care in the city of New York or the coun- ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individ- ual receiving such care in any other county in the state, [$978.48] $999.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving residential care, [$1,185.00] $1,206.00 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving residential care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$1,155.00] $1,176.00; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (e) [(i)] On and after January first, two thousand [eighteen] NINETEEN, (I) for an eligible individual receiving enhanced residential care, [$1,444.00] $1,465.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (i) of this paragraph. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- mental security income benefits for individuals or couples which become effective on or after January first, two thousand [nineteen] TWENTY but prior to June thirtieth, two thousand [nineteen] TWENTY. § 3. This act shall take effect December 31, 2019. PART M Section 1. This Part enacts into law major components of legislation which are necessary to improve the foster care system. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act," when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it S. 1506--A 96 A. 2006--A is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. The social services law is amended by adding a new section 462-c to read as follows: § 462-C. APPOINTMENT OF A TEMPORARY OPERATOR OF A FOSTER CARE PROGRAM. 1. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HAVE THE AUTHORITY TO APPOINT A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION. 2. FOR THE PURPOSES OF THIS SECTION: (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OR HIS OR HER DESIGNEE. (B) "OFFICE" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES. (C) "FOSTER CARE AGENCY" SHALL MEAN AN AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER THAT OPERATES ONE OR MORE FOSTER CARE PROGRAMS. (D) "ESTABLISHED OPERATOR" SHALL MEAN A FOSTER CARE AGENCY. (E) "TEMPORARY OPERATOR" SHALL MEAN ANY FOSTER CARE AGENCY APPOINTED BY THE COMMISSIONER THAT: (I) AGREES TO PROVIDE FOSTER CARE ON A TEMPORARY BASIS IN THE BEST INTERESTS OF THE FOSTER CARE YOUTH SERVED BY THE ESTABLISHED OPERATOR; (II) HAS A HISTORY OF RECENT COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS AND A RECORD OF PROVIDING FOSTER CARE OF GOOD QUALITY, AS DETERMINED BY THE COMMISSIONER; AND (III) PRIOR TO APPOINTMENT AS TEMPORARY OPERATOR, DEVELOPS A PLAN DETERMINED TO BE SATISFACTORY BY THE COMMISSIONER TO ADDRESS THE ESTAB- LISHED OPERATOR'S DEFICIENCIES. (F) "LOCAL SOCIAL SERVICES DISTRICT" SHALL INCLUDE ANY LOCAL SOCIAL SERVICES DISTRICT WITH CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF A FOSTER CARE YOUTH PLACED WITH THE ESTABLISHED OPERATOR THAT MAY BE SUBJECT TO THE APPOINTMENT OF A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, AS WELL AS THE LOCAL SOCIAL SERVICES DISTRICT WHERE THE ESTAB- LISHED OPERATOR IS LOCATED. 3. (A) (I) A TEMPORARY OPERATOR MAY ONLY BE APPOINTED AFTER THE ESTAB- LISHED OPERATOR HAS BEEN PROVIDED NOTICE OF ALLEGED VIOLATIONS AND THE ABILITY TO CURE SUCH VIOLATIONS. (II) THE LOCAL SOCIAL SERVICES DISTRICT SHALL ALSO BE NOTIFIED OF THE ALLEGED VIOLATIONS PRIOR TO THE APPOINTMENT OF A TEMPORARY OPERATOR. (III) IF THE ESTABLISHED OPERATOR FAILS TO CURE SUCH VIOLATIONS IN A TIMELY MANNER, A TEMPORARY OPERATOR MAY BE APPOINTED: (A) WHERE THE ESTABLISHED OPERATOR IS UNABLE OR UNWILLING TO ENSURE THE PROPER OPERATION OF THE FOSTER CARE PROGRAM AND THERE EXIST CONDI- TIONS THAT HAVE THE POTENTIAL TO SERIOUSLY ENDANGER OR JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF FOSTER CARE YOUTH; OR (B) WHEN NECESSARY TO PROTECT THE HEALTH, SAFETY OR WELFARE OF YOUTH SERVED BY THE ESTABLISHED PROGRAM. (IV) IF THE COMMISSIONER DETERMINES TO APPOINT A TEMPORARY OPERATOR, THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT OF HIS OR HER INTENTION TO APPOINT A TEMPORARY OPERATOR TO ASSUME SOLE RESPONSIBILITY FOR THE ESTABLISHED OPERATOR'S OPERATIONS FOR A LIMITED PERIOD OF TIME. (V) THE APPOINTMENT OF A TEMPORARY OPERATOR SHALL BE EFFECTUATED PURSUANT TO THIS SECTION, AND SHALL BE IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW. S. 1506--A 97 A. 2006--A (B) THE ESTABLISHED OPERATOR MAY AT ANY TIME REQUEST THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR. UPON RECEIVING SUCH A REQUEST, THE COMMISSIONER MAY, IF HE OR SHE DETERMINES THAT SUCH AN ACTION IS NECES- SARY, ENTER INTO AN AGREEMENT WITH THE ESTABLISHED OPERATOR FOR THE APPOINTMENT OF A TEMPORARY OPERATOR TO RESTORE OR MAINTAIN THE PROVISION OF SERVICES TO CHILDREN AND FAMILIES PROVIDED IN THE FOSTER CARE PROGRAM, UNTIL THE ESTABLISHED OPERATOR CAN RESUME OPERATIONS WITHIN THE DESIGNATED TIME PERIOD OR OTHER ACTION IS TAKEN TO SUSPEND, REVOKE, OR LIMIT THE AUTHORITY OF THE ESTABLISHED OPERATOR. 4. (A) A TEMPORARY OPERATOR APPOINTED PURSUANT TO THIS SECTION SHALL USE HIS OR HER BEST EFFORTS TO IMPLEMENT THE PLAN DEEMED SATISFACTORY BY THE COMMISSIONER TO CORRECT OR ELIMINATE ANY CONCERNS REGARDING HEALTH, SAFETY OR WELFARE OF THE ESTABLISHED OPERATOR, AND PROMOTE THE QUALITY AND ACCESSIBILITY OF SERVICES PROVIDED TO FOSTER CHILDREN AND THEIR FAMILIES IN THE APPLICABLE FOSTER CARE PROGRAM. (B) DURING THE TERM OF APPOINTMENT, THE TEMPORARY OPERATOR SHALL HAVE THE AUTHORITY TO DIRECT THE STAFF OF THE ESTABLISHED OPERATOR AS NECES- SARY TO APPROPRIATELY PROVIDE CARE FOR FOSTER CARE YOUTH IN ACCORDANCE WITH THE PLAN APPROVED BY THE COMMISSIONER. THE TEMPORARY OPERATOR SHALL, DURING THIS PERIOD, PROVIDE PROGRAMS AND SERVICES FOR FOSTER YOUTH IN SUCH A MANNER AS TO PROMOTE THE HEALTH, SAFETY, AND WELFARE OF THE YOUTH BY THE ESTABLISHED OPERATOR UNTIL EITHER THE ESTABLISHED OPER- ATOR CAN RESUME OPERATIONS OR UNTIL THE OFFICE REVOKES THE AUTHORITY OF THE ESTABLISHED OPERATOR TO OPERATE A FOSTER CARE PROGRAM. (C) THE ESTABLISHED OPERATOR SHALL GRANT THE TEMPORARY OPERATOR ACCESS TO THE ESTABLISHED OPERATOR'S ACCOUNTS AND RECORDS IN ORDER TO ADDRESS ANY SERIOUS HEALTH, SAFETY OR WELFARE DEFICIENCIES. THE TEMPORARY OPERA- TOR SHALL APPROVE ANY DECISION RELATED TO AN ESTABLISHED PROVIDER'S DAY TO DAY OPERATIONS OR THE ESTABLISHED PROVIDER'S ABILITY TO PROVIDE PROGRAMS AND SERVICES FOR FOSTER YOUTH. (D) THE TEMPORARY OPERATOR SHALL NOT BE REQUIRED TO FILE ANY BOND. NO SECURITY INTEREST IN ANY REAL OR PERSONAL PROPERTY COMPRISING THE ESTAB- LISHED OPERATOR, CONTAINED WITHIN THE ESTABLISHED OPERATOR, OR IN ANY FIXTURE OF THE BUILDING OR BUILDINGS OWNED BY THE ESTABLISHED OPERATOR, SHALL BE IMPAIRED OR DIMINISHED IN PRIORITY BY THE TEMPORARY OPERATOR. NEITHER THE TEMPORARY OPERATOR NOR THE OFFICE SHALL ENGAGE IN ANY ACTIV- ITY THAT CONSTITUTES A CONFISCATION OF PROPERTY. 5. COSTS ASSOCIATED WITH THE TEMPORARY OPERATOR, INCLUDING COMPEN- SATION, SHALL BE BORNE BY THE ESTABLISHED OPERATOR AND FOLLOW THE FINANCING STRUCTURE ESTABLISHED IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-THREE-K OF THIS CHAPTER AS MODIFIED BY THE CURRENT AID TO LOCALI- TIES PROVISIONS FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN THE DEPARTMENT OF FAMILY ASSISTANCE. THE TEMPORARY OPERATOR SHALL BE LIABLE IN ITS CAPACITY AS TEMPORARY OPERATOR FOR INJURY TO PERSONS AND PROPERTY BY REASON OF ITS OPERATION OF SUCH BUILDING; NO LIABILITY SHALL INCUR IN THE TEMPORARY OPERATOR'S PERSONAL CAPACITY, EXCEPT FOR GROSS NEGLIGENCE AND INTENTIONAL ACTS. 6. (A) THE INITIAL TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR SHALL NOT EXCEED NINETY DAYS. AFTER NINETY DAYS, IF THE COMMISSIONER DETERMINES THAT TERMINATION OF THE TEMPORARY OPERATOR WOULD CAUSE SIGNIFICANT DETERIORATION OF THE QUALITY OF THE FOSTER CARE PROGRAM RUN BY THE ESTABLISHED OPERATOR OR THAT REAPPOINTMENT IS NECESSARY TO CORRECT THE DEFICIENCIES THAT REQUIRED THE APPOINTMENT OF THE TEMPORARY OPERATOR, THE COMMISSIONER MAY AUTHORIZE ADDITIONAL NINETY DAY TERMS. (B) WITHIN FOURTEEN DAYS PRIOR TO THE TERMINATION OF EACH TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR, THE TEMPORARY OPERATOR SHALL S. 1506--A 98 A. 2006--A SUBMIT TO THE COMMISSIONER, TO THE LOCAL SOCIAL SERVICES DISTRICT, AND TO THE ESTABLISHED OPERATOR A REPORT DESCRIBING: (I) THE ACTIONS TAKEN DURING THE APPOINTMENT TO ADDRESS THE IDENTIFIED DEFICIENCIES, THE RESUMPTION OF OPERATIONS BY THE ESTABLISHED OPERATOR, OR THE REVOCATION OF AUTHORITY TO OPERATE A FOSTER CARE PROGRAM; (II) OBJECTIVES FOR THE CONTINUATION OF THE TEMPORARY OPERATORSHIP IF NECESSARY AND A SCHEDULE FOR SATISFACTION OF SUCH OBJECTIVES; AND (III) IF APPLICABLE, THE RECOMMENDED ACTIONS FOR THE ONGOING PROVISION OF FOSTER CARE AFTER THE TEMPORARY OPERATORSHIP IS COMPLETE. (C) THE TERM OF THE INITIAL APPOINTMENT AND OF ANY SUBSEQUENT REAP- POINTMENT OF A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SECTION MAY BE TERMINATED PRIOR TO THE EXPIRATION OF THE DESIGNATED TERM, IF THE ESTAB- LISHED OPERATOR AND THE COMMISSIONER AGREE ON A PLAN OF CORRECTION AND THE IMPLEMENTATION OF SUCH PLAN. 7. (A) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTENTION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, CAUSE THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT TO BE NOTIFIED OF THE INTENTION BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE PRINCIPAL OFFICE OF THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT. SUCH NOTIFICATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE FINDINGS UNDERLYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR, AND THE DATE AND TIME OF A REQUIRED MEETING WITH THE COMMISSIONER WITHIN TEN BUSINESS DAYS OF THE RECEIPT OF SUCH NOTICE. AT SUCH MEETING, THE ESTABLISHED OPERATOR, AND THE COMMISSIONER SHALL HAVE THE OPPORTUNITY TO REVIEW AND DISCUSS ALL RELEVANT FINDINGS. AT SUCH MEETING, THE COMMISSIONER AND THE ESTABLISHED OPERATOR SHALL ATTEMPT TO DEVELOP A MUTUALLY SATISFACTORY PLAN OF CORRECTION AND SCHED- ULE FOR IMPLEMENTATION. IF A MUTUALLY SATISFACTORY PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION IS DEVELOPED, THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED OPERATOR THAT THE COMMISSIONER WILL ABSTAIN FROM APPOINTING A TEMPORARY OPERATOR CONTINGENT UPON THE ESTABLISHED OPERATOR REMEDIATING THE IDENTIFIED DEFICIENCIES WITHIN THE AGREED UPON TIME- FRAME. (B) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTEN- TION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO THIS SECTION, CAUSE THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY TO RECEIVE APPROPRIATE AND TIMELY NOTIFICATION OF THE INTENTION TO APPOINT A TEMPORARY OPERATOR. SUCH NOTIFICATION SHALL INCLUDE A DESCRIPTION OF THE FINDINGS UNDERLYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR, THE IDENTIFICATION OF THE TEMPORARY OPERATOR WHEN PRACTICABLE, AND THE DATE OF EXPECTED TRANSFER OF OPERATIONS. SUCH NOTICE SHALL BE MADE AS SOON AS PRACTICABLE UNDER THE CIRCUMSTANCES. (C) THE COMMISSIONER, AT ANY TIME HE OR SHE DEEMS NECESSARY, AND TO THE EXTENT PRACTICABLE, SHALL CONSULT AND MAY INVOLVE THE LOCAL SOCIAL SERVICES DISTRICT. (D) SHOULD THE COMMISSIONER AND THE ESTABLISHED OPERATOR BE UNABLE TO ESTABLISH A PLAN OF CORRECTION PURSUANT TO THIS SUBDIVISION, OR SHOULD THE ESTABLISHED OPERATOR FAIL TO RESPOND TO THE COMMISSIONER'S INITIAL NOTIFICATION, THERE SHALL BE AN ADMINISTRATIVE HEARING ON THE COMMIS- SIONER'S DETERMINATION TO APPOINT A TEMPORARY OPERATOR TO BEGIN NO LATER THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO THE ESTABLISHED OPERA- TOR. ANY SUCH HEARING SHALL BE STRICTLY LIMITED TO THE ISSUE OF WHETHER THE DETERMINATION OF THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR IS SUPPORTED BY SUBSTANTIAL EVIDENCE. A COPY OF THE DECISION SHALL BE SENT TO THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT. S. 1506--A 99 A. 2006--A (E) IF THE DECISION TO APPOINT A TEMPORARY OPERATOR IS UPHELD SUCH TEMPORARY OPERATOR SHALL BE APPOINTED AS SOON AS IS PRACTICABLE AND SHALL PROVIDE APPROPRIATE CARE AND SERVICES FOR THE FOSTER CARE YOUTH AS WELL AS TAKE ANY NECESSARY ACTIONS PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. 8. NOTWITHSTANDING THE APPOINTMENT OF A TEMPORARY OPERATOR, THE ESTAB- LISHED OPERATOR SHALL REMAIN OBLIGATED FOR THE CONTINUED PROVISION OF CARE AND SERVICES FOR THE FOSTER CARE YOUTH. NO PROVISION CONTAINED IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE ESTABLISHED OPERATOR OR ANY OTHER PERSON OF ANY CIVIL OR CRIMINAL LIABILITY INCURRED, OR ANY DUTY IMPOSED BY LAW, BY REASON OF ACTS OR OMISSIONS OF THE ESTABLISHED OPERA- TOR OR ANY OTHER PERSON PRIOR TO THE APPOINTMENT OF ANY TEMPORARY OPERA- TOR OF THE BUILDING HEREUNDER; NOR SHALL ANYTHING CONTAINED IN THIS SECTION BE CONSTRUED TO SUSPEND DURING THE TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR OF THE BUILDING ANY OBLIGATION OF THE ESTAB- LISHED OPERATOR OR ANY OTHER PERSON FOR THE MAINTENANCE AND REPAIR OF THE BUILDING, PROVISION OF UTILITY SERVICES, PAYMENT OF TAXES OR OTHER OPERATING AND MAINTENANCE EXPENSES OF THE BUILDING, NOR OF THE ESTAB- LISHED OPERATOR OR ANY OTHER PERSON FOR THE PAYMENT OF MORTGAGES OR LIENS. § 2. This act shall take effect immediately. SUBPART B Section 1. Section 4 of part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, is amended to read as follows: § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016, provided further that this act shall expire and be deemed repealed March 31, [2019] 2022. § 2. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or subpart thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately; provided, however, that the applicable effective date of Subparts A through B of this act shall be as specifically set forth in the last section of such Subparts. PART N Section 1. Paragraph (n) of subdivision 1 of section 336 of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, is amended and a new paragraph (o) is added to read as follows: (n) educational activities pursuant to section three hundred thirty- six-a of this title[.]; S. 1506--A 100 A. 2006--A (O) TIME-LIMITED JOB TRY-OUTS AS WORK EXPERIENCE ASSIGNMENTS WITH PRIVATE FOR-PROFIT, NON-PROFIT AND PUBLIC SECTOR ENTITIES THAT LEAD TO UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOYMENT. § 2. Subparagraph (iii) of paragraph (e) of subdivision 1 of section 335-b of the social services law, as amended by section 2 of part J of chapter 58 of the laws of 2006, is amended to read as follows: (iii) In the case of a two-parent family receiving federally funded child care assistance and a parent in the family is not disabled or caring for a severely disabled child, the individual and the other parent in the family are participating in work activities for a total of at least fifty-five hours per week during the month, not fewer than fifty hours of which are attributable to activities described in para- graphs (a) through (h) [and], (l) AND (O) of subdivision one of section three hundred thirty-six of this title. § 3. Subdivision 2 of section 335-b of the social services law, as amended by chapter 380 of the laws of 2004, is amended to read as follows: 2. Engaged in work for a month shall mean participating in work activ- ities identified in subdivision one of section three hundred thirty-six of this title for the required number of hours specified in this section provided, however, that at least twenty hours of such participation, or thirty hours for two-parent families, or fifty hours for two-parent families receiving federally funded child care as set forth in subpara- graph (iii) of paragraph (d) of subdivision one of this section, shall be attributable to the activities described in paragraphs (a) through (h) [and], (l) AND (O) of subdivision one of section three hundred thir- ty-six of this title, or for households without dependent children at least twenty hours of participation shall be attributable to the activ- ities set forth in paragraphs (a) through (h) [and], (l) AND (O) of subdivision one of section three hundred thirty-six of this title, and further provided that participation in job search and job readiness assistance as identified in paragraph (f) of subdivision one of section three hundred thirty-six of this title shall only be determined as engaged in work for a maximum period of six weeks, only four of which may be consecutive as otherwise limited by federal law; and that indi- viduals in all families and in two parent families may be engaged in work for a month by reason of participation in vocational training to the extent allowed by federal law. Any non-graduate student participat- ing or approved by CUNY, SUNY or another degree granting institution, or any other state or local district approved education, training or voca- tional rehabilitation agency to participate in work-study, or in intern- ships, externships, or other work placements that are part of the curriculum of that student, shall not be unreasonably denied the ability to participate in such programs and each hour of participation shall count toward satisfaction of such student's work activity requirements of this title provided that the district may consider, among other factors, (a) whether the student has voluntarily terminated his or her employment or voluntarily reduced his or her earnings to qualify for public assistance pursuant to subdivision ten of section one hundred thirty-one of this article; (b) whether a comparable job or on the job training position can reasonably be expected to exist in the private, public or not-for-profit sector; (c) that the student has a cumulative C average or its equivalent, which may be waived by the district for undue hardship based on (1) the death of a relative of the student, (2) the personal injury or illness of the student, or (3) other extenuating circumstances; and (d) whether the institution cooperates in monitoring S. 1506--A 101 A. 2006--A students attendance and performance and reports to the local social services department monthly on each student. Failure of the institution to monitor and report monthly to local social services districts on attendance and performance of the student's work study, internship, externship or other work placement shall be cause for the department to reasonably deny the student's ability to participate in such programs. Students shall be subject to sanctions equivalent to those associated with failure to adequately satisfy their other required work activities. In assigning a non-graduate student participating in work-study, intern- ships, externships or other work placements, pursuant to this section, to other work activities the district shall make reasonable effort to assign the student to hours that do not conflict with the student's academic schedule. § 4. Subdivision 1 of section 336-c of the social services law is amended by adding a new paragraph (c) to read as follows: (C) A SOCIAL SERVICES DISTRICT MAY ALSO ESTABLISH TIME-LIMITED, JOB TRY-OUT OPPORTUNITIES WITH PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITIES LEADING TO UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOY- MENT. § 5. Subdivision 2 of section 336-c of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 2. A recipient may be assigned to participate in [such] A work experi- ence program only if: (a) appropriate federal and state standards of health, safety and other work conditions are maintained; (b) The MAXIMUM number of hours a participant in work experience activities authorized pursuant to this section shall be required to work in such assignment shall not exceed [a number] FORTY HOURS IN ANY WEEK AND SHALL NOT EXCEED THE NUMBER OF HOURS which equals the amount of assistance payable with respect to such [individual] INDIVIDUAL'S PUBLIC ASSISTANCE HOUSEHOLD (inclusive of the value of [food stamps] SUPPLE- MENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS received by such [individ- ual] HOUSEHOLD, if any) divided by the [higher] HIGHEST of [(a)] (I) the federal minimum wage [provided that such hours shall be limited as set forth in subdivision four of section three hundred thirty-six of this title,]; or [(b)] (II) the APPLICABLE state minimum wage; OR (III) FOR THOSE PLACEMENTS WITH A FOR-PROFIT ENTITY, THE WAGE NORMALLY PROVIDED FOR TRAINEES IN SUCH POSITIONS; (c) such recipients are provided appropriate workers' compensation or equivalent protection for on-the-job injuries and tort claims protection on the same basis, but not necessarily at the same benefit level, as they are provided to other persons in the same or similar positions, while participating in work experience activities under this section; (d) the project to which the participant is assigned [serves] PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION MUST SERVE a useful public purpose in fields such as health, social services, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, operation of public facilities, public safety, and child day care; (e) such assignment would not result in (i) the displacement of any currently employed worker or loss of position (including partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits) or result in the impairment of existing contracts for services or collective bargaining agreements; (ii) THE LOSS OF EXCLUSIVITY, IF ANY, TO ANY EMPLOYEE ORGANIZATION WITH REGARD TO S. 1506--A 102 A. 2006--A THE WORK PERFORMED BY ANY EMPLOYEES AS PART OF A NEGOTIATING UNIT PURSU- ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW; (III) the employment or assignment of a participant or the filling of a position when any other person is on layoff from the same or any equivalent position CONSISTENT WITH ARTICLE FIVE OF THE CIVIL SERVICE LAW or the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created with a participant assigned pursuant to this section; [(iii)] (IV) any infringement of the promotional opportunities of any current employed person WHEN A PARTICIPANT IS ASSIGNED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION; [or (iv)] (V) the performance, by such participant, of a substantial portion of the work ordinarily and actual- ly performed by regular employees WHEN A PARTICIPANT IS ASSIGNED PURSU- ANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION; or [(v)] (VI) the loss of a bargaining unit position as a result of work experience participants performing, in part or in whole, the work normally performed by the employee in such position; (f) such assignment is not at any work site at which the regular employees are on a legal strike against the employer or are being subjected to lock out by the employer. § 6. Section 336-c of the social services law is amended by adding a new subdivision 2-a to read as follows: 2-A. JOB TRY-OUT PROGRAMS IN PRIVATE FOR-PROFIT, NON-PROFIT, AND PUBLIC SECTOR ENTITIES LEADING TO UNSUBSIDIZED FULL-TIME OR PART-TIME EMPLOYMENT. (A) SOCIAL SERVICES DISTRICTS MAY ENTER AGREEMENTS WITH PRIVATE FOR-PROFIT, NON-PROFIT, OR PUBLIC SECTOR ENTITIES TO ESTABLISH JOB TRY-OUT PROGRAMS WHICH WILL PROVIDE PUBLIC ASSISTANCE RECIPIENTS THE TRAINING OPPORTUNITIES TO LEARN THE SKILLS NECESSARY TO PERFORM THE JOB DUTIES FOR AN ANTICIPATED JOB OPENING. ANY SUCH AGREEMENTS BETWEEN SOCIAL SERVICES DISTRICTS AND PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITIES SHALL PROVIDE THAT PARTICIPANTS WILL BE OFFERED FULL- TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT FOLLOWING THE END OF A NINE- TY-DAY JOB TRY-OUT PERIOD ABSENT DEMONSTRATED REASONABLE CAUSE FOR NOT HIRING THE PARTICIPANTS. AN ENTITY WHICH UNREASONABLY TERMINATES THE NINETY-DAY JOB TRY-OUT PERIOD OR FAILS TO OFFER FULL-TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT TO A PARTICIPANT WHO SUCCESSFULLY COMPLETES THE NINETY-DAY JOB TRY-OUT SHALL BECOME INELIGIBLE TO PARTICIPATE IN THE JOB TRY-OUT PROGRAM, AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVISION. (B) A PUBLIC ASSISTANCE RECIPIENT MAY BE ASSIGNED TO PARTICIPATE IN A JOB TRY-OUT PURSUANT TO THIS SUBDIVISION ONLY IF: (I) THE PRIVATE FOR-PROFIT, NON-PROFIT, OR PUBLIC SECTOR ENTITY HAS ENTERED INTO AN AGREEMENT WITH A SOCIAL SERVICES DISTRICT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; (II) THERE IS NO CONFLICT WITH LAWS AND REGULATIONS REGARDING COLLEC- TIVE BARGAINING IN THE PRIVATE FOR-PROFIT, NON-PROFIT, AND PUBLIC SECTORS; (III) NOTWITHSTANDING ANY OTHER SECTION OF LAW, THE JOB TRY-OUT POSI- TION TO WHICH THE PARTICIPANT IS ASSIGNED SHALL BE UNPAID AND SHALL NOT BE CONSIDERED EMPLOYMENT; HOWEVER, THE FOLLOWING PROVISIONS SHALL BE EXCEPTED AND SHALL APPLY TO JOB TRY-OUT PLACEMENTS: (A) THE HUMAN RIGHTS LAW AS SET FORTH IN ARTICLE FIFTEEN OF THE EXECU- TIVE LAW; (B) LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES AS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW; S. 1506--A 103 A. 2006--A (C) ONE DAY OF REST IN SEVEN AS SET FORTH IN SECTION ONE HUNDRED SIXTY-ONE OF THE LABOR LAW; (D) TIME ALLOWED FOR MEALS AS SET FORTH IN SECTION ONE HUNDRED SIXTY- TWO OF THE LABOR LAW; (E) PROHIBITED DISCRIMINATION AGAINST ENGAGEMENT IN CERTAIN ACTIVITIES AS SET FORTH IN SECTION TWO HUNDRED ONE-D OF THE LABOR LAW; AND (F) PROHIBITED RETALIATION AS SET FORTH IN SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW; (IV) THE HOUSEHOLD OF WHICH THE PARTICIPANT IS A MEMBER WILL CONTINUE TO RECEIVE ANY PUBLIC ASSISTANCE, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, OR OTHER BENEFITS THAT SUCH HOUSEHOLD IS OTHERWISE ELIGIBLE FOR THROUGHOUT THE JOB TRY-OUT ASSIGNMENT; (V) THE JOB TRY-OUT PROGRAM TO WHICH THE PARTICIPANT IS ASSIGNED SHALL BE LIMITED TO NINETY DAYS. THE ASSIGNMENT MAY NOT BE EXTENDED BEYOND THE NINETY DAYS, EVEN IF AGREED TO BY THE PARTICIPANT AND THE PRIVATE FOR- PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; (VI) PRIOR TO THE JOB TRY-OUT ASSIGNMENT, THE PARTICIPANT WILL RECEIVE FROM THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY A WRIT- TEN EXPLANATION OF HIS OR HER TRAINING EXPECTATIONS ALONG WITH A DESCRIPTION OF THE SUPERVISION AND SKILLS TO BE LEARNED; (VII) THE PRIVATE SECTOR FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTI- TY IS REQUIRED TO PROVIDE TO THE SOCIAL SERVICES DISTRICT, AT NO LESS THAN THIRTY-DAY INTERVALS, INFORMATION REGARDING THE PARTICIPANT'S ATTENDANCE AND PERFORMANCE AS PART OF A JOB TRY-OUT ASSIGNMENT; (C) NON-COMPLIANCE. IF A SOCIAL SERVICES DISTRICT DETERMINES THAT A PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY WITHOUT REASON- ABLE CAUSE, HAS NOT RETAINED THE PARTICIPANT FOR THE FULL NINETY DAY JOB TRY-OUT PERIOD OR HAS NOT OFFERED FULL-TIME OR PART-TIME UNSUBSIDIZED EMPLOYMENT TO THE PARTICIPANT ON OR BEFORE THE END OF THE NINETY DAY JOB TRY-OUT PERIOD PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION, THE SOCIAL SERVICES DISTRICT SHALL TAKE THE FOLLOWING ACTIONS: (I) A FIRST VIOLATION SHALL RESULT IN A ONE-MONTH BAN ON NEW ASSIGN- MENTS WITH THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; (II) A SECOND VIOLATION, WITHIN ONE YEAR OF THE FIRST VIOLATION, SHALL RESULT IN A THREE-MONTH BAN ON NEW ASSIGNMENTS WITH THE PRIVATE FOR-PRO- FIT, NON-PROFIT OR PUBLIC SECTOR ENTITY; AND (III) A THIRD VIOLATION, AND ANY FURTHER VIOLATIONS, WITHIN TWO YEARS OF THE FIRST VIOLATION, SHALL RESULT IN A ONE-YEAR BAN ON NEW ASSIGNMENT PLACEMENTS WITH THE PRIVATE FOR-PROFIT, NON-PROFIT OR PUBLIC SECTOR ENTITY. § 7. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner of the office of temporary and disability assistance may promulgate any rules or regu- lations necessary to implement this act on or before its effective date. PART O Section 1. Subdivision 1 of section 198-a of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows: 1. Every employer who does not pay the wages of all of his OR HER employees in accordance with the provisions of this chapter, and the officers and agents of any corporation, partnership, or limited liabil- ity company who knowingly permit the corporation, partnership, or limit- ed liability company to violate this chapter by failing to pay the wages of any of its employees in accordance with the provisions thereof, shall be guilty [of a misdemeanor for the first offense and upon conviction S. 1506--A 104 A. 2006--A therefor shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year, and, in the event that any second or subsequent offense occurs within six years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and upon conviction therefor, shall be fined not less than five hundred nor more than twenty thousand dollars or imprisoned for not more than one year plus one day, or punished by both such fine and imprisonment, for each such offense. An indictment of a person or corporation operating a steam surface railroad for an offense specified in this section may be found and tried in any county within the state in which such railroad ran at the time of such offense] , EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE PENAL LAW, OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE LESS THAN ONE THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN ONE THOUSAND DOLLARS OR GREATER THAN TWENTY-FIVE THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF A CLASS D FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS OR ONE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; AND A CLASS C FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY THOUSAND DOLLARS OR GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE. FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE AMOUNT OF THE UNDERPAYMENT AND TOGETHER WITH SUCH AMOUNTS PROVIDED FOR BY SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER. § 2. Section 213 of the labor law, as amended by chapter 729 of the laws of 1980, is amended to read as follows: § 213. Violations of provisions of labor law; the rules, regulations or orders of the industrial commissioner and the industrial board of appeals. Any person who violates or does not comply with any provision of the labor law, any rule, regulation or lawful order of the industrial commissioner or the industrial board of appeals, and the officers and agents of any corporation who knowingly permit the corporation to violate such provisions, are guilty of a CLASS A misdemeanor and upon conviction shall be punished IN ACCORDANCE WITH THE PENAL LAW, [except as in this chapter or in the penal law otherwise provided, for a first offense by a fine of not more than one hundred dollars, provided, howev- er, that if the first offense is a violation of a rule or provision for the protection of the safety or health of employees or persons lawfully frequenting a place to which this chapter applies, the punishment shall be a fine of not more than one hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment;] AND, for a second [offense by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a subsequent offense by a fine of not less than three hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment] OR SUBSEQUENT OFFENSE COMMITTED WITHIN SIX YEARS OF THE DATE OF CONVICTION OF A PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY AND UPON CONVICTION SHALL BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW. This section shall not apply to any person covered by section twenty-seven-a of this chap- ter. § 3. This act shall take effect immediately. PART P S. 1506--A 105 A. 2006--A Section 1. Section 522 of the labor law, as amended by chapter 720 of the laws of 1953, is amended to read as follows: § 522. Total unemployment. "Total unemployment" OR "TOTALLY UNEM- PLOYED" means the [total] lack of any employment [on] IN any [day] WEEK. The term "employment" as used in this section means any employment including that not defined in this title. § 2. Section 523 of the labor law, as amended by chapter 675 of the laws of 1977, is amended to read as follows: § 523. [Effective day. "Effective day" means a full day of total unem- ployment provided such day falls within a week in which a claimant had four or more days of total unemployment and provided further that only those days of total unemployment in excess of three days within such week are deemed "effective days". No effective day is deemed to occur in a week in which the claimant has days of employment for which he is paid compensation exceeding the highest benefit rate which is applicable to any claimant in such week. A claimant who is employed on a shift continuing through midnight is deemed to have been employed on the day beginning before midnight with respect to such shift, except where night shift employees are regularly scheduled to start their work week at seven post meridiem or thereafter on Sunday night, their regularly sche- duled starting time on Sunday shall be considered as starting on Monday.] PARTIAL UNEMPLOYMENT. "PARTIAL UNEMPLOYMENT" OR "PARTIALLY UNEMPLOYED" MEANS ANY WEEK IF THE TOTAL REMUNERATION OF ANY NATURE PAYA- BLE FOR SERVICES OF ANY KIND DURING SUCH WEEK AMOUNTS TO LESS THAN ONE AND ONE-HALF TIMES THE CLAIMANT'S BENEFIT RATE FOR TOTAL UNEMPLOYMENT ROUNDED TO THE LOWEST NEXT DOLLAR. FOR PURPOSES OF THIS SECTION, REMUN- ERATION SHALL ALSO INCLUDE ANY HOLIDAY OR VACATION PAY PAYABLE WITH RESPECT TO ANY SUCH WEEK, WHETHER OR NOT ANY SERVICE WAS PERFORMED DURING SUCH WEEK OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH HOLIDAY OR VACATION PAY. FOR PURPOSES OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER EARNINGS DERIVED FROM SELF-EMPLOYMENT, BUT ONLY TO THE EXTENT SUCH EARNINGS ARE ACTUALLY RECEIVED OR PAYABLE WITH RESPECT TO A GIVEN WEEK OF PARTIAL UNEMPLOYMENT. § 3. Section 524 of the labor law, as added by chapter 5 of the laws of 2000, is amended to read as follows: § 524. Week of employment. For purposes of this article, "week of employment" shall mean a Monday through Sunday period during which a claimant was paid remuneration for employment for an employer or employ- ers liable for contributions or for payments in lieu of contributions under this article. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START- ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY. § 4. Subdivision 4 of section 527 of the labor law, as amended by chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the laws of 1984, is amended to read as follows: 4. General condition. A valid original claim may be filed only in a week in which the claimant [has at least one effective day of unemploy- ment] IS TOTALLY UNEMPLOYED OR PARTIALLY UNEMPLOYED AS DEFINED IN THIS ARTICLE. § 5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph (e) of subdivision 1 of section 581 of the labor law, as amended by chapter 282 of the laws of 2002, are amended to read as follows: S. 1506--A 106 A. 2006--A (i) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision ten of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid shall be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision ten of section five hundred ninety of this article. (ii) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision eleven of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid will be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision eleven of section five hundred ninety of this article. However, in those instances where a claimant was not afforded an oppor- tunity to perform services for the educational institution for the next academic year or term after reasonable assurance was provided, such employer shall be liable for benefit charges as provided for in this paragraph for any retroactive payments made to the claimant. (iii) In those instances where the federal government is the claim- ant's last employer prior to the filing of the claim for benefits and such employer is not a base-period employer, payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the federal government is the claimant's last employer prior to the filing of the claim for benefits and a base-period employer, such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those chargeable to the federal government as prescribed above shall be made to the general account. S. 1506--A 107 A. 2006--A (iv) In those instances where a combined wage claim is filed pursuant to interstate reciprocal agreements and the claimant's last employer prior to the filing of the claim is an out-of-state employer and such employer is not a base-period employer, benefit payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the out-of-state employer is the last employer prior to the filing of the claim for benefits and a base-period employer such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE- FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge- able to the out-of-state employer as prescribed above shall be made to the general account. § 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi- sions 6 and 7 of section 590 of the labor law, subdivisions 1 and 3 as amended by chapter 645 of the laws of 1951, subdivision 4 as amended by chapter 457 of the laws of 1987, paragraph (a) of subdivision 5 as amended by section 8 of part O of chapter 57 of the laws of 2013, subdi- vision 6 as added by chapter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws of 1977, and subdivision 7 as amended by chapter 415 of the laws of 1983, are amended and two new paragraphs (c) and (d) are added to subdivision 5 to read as follows: 1. Entitlement to benefits. A claimant shall be entitled to [accumu- late effective days for the purpose of benefit rights] THE PAYMENT OF BENEFITS only if he OR SHE has complied with the provisions of this article regarding the filing of his OR HER claim, including the filing of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY unemployed, reported his OR HER subsequent employment and unemployment, and reported for work or otherwise given notice of the continuance of his OR HER unemployment. 3. Compensable periods. Benefits shall be paid for each [accumulation of effective days within a] week OF PARTIAL UNEMPLOYMENT OR TOTAL UNEM- PLOYMENT. 4. Duration. Benefits shall not be paid for more than [one hundred and four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S WEEKLY BENEFIT RATE in any benefit year, except as provided in section six hundred one and subdivision two of section five hundred ninety-nine of this [chapter] TITLE. (a) A claimant's weekly benefit amount shall be one twenty-sixth of the remuneration paid during the highest calendar quarter of the base period by employers, liable for contributions or payments in lieu of contributions under this article, provided the claimant has remuneration paid in all four calendar quarters during his or her base period or alternate base period. However, for any claimant who has remuneration paid in all four calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contrib- utions under this article. A claimant's weekly benefit shall be one twenty-sixth of the average remuneration paid in the two highest quar- S. 1506--A 108 A. 2006--A ters paid during the base period or alternate base period by employers liable for contributions or payments in lieu of contributions under this article when the claimant has remuneration paid in two or three calendar quarters provided however, that a claimant whose high calendar quarter is four thousand dollars or less but greater than three thousand five hundred seventy-five dollars shall have a weekly benefit amount of one twenty-sixth of such high calendar quarter. However, for any claimant who has remuneration paid in two or three calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quar- ter of the base period by employers liable for contributions or payments in lieu of contributions under this article. Any claimant whose high calendar quarter remuneration during the base period is more than three thousand five hundred seventy-five dollars shall not have a weekly bene- fit amount less than one hundred forty-three dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be lowered to the next multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly benefit amount shall not exceed three hundred sixty-five dollars nor be less than forty dollars, until the first Monday of September, two thousand, at which time the maximum benefit payable pursuant to this subdivision shall equal one-half of the state average weekly wage for covered employment as calculated by the department no sooner than July first, two thousand and no later than August first, two thousand, rounded down to the lowest dollar. On and after the first Monday of October, two thousand fourteen, the weekly benefit shall not be less than one hundred dollars, nor shall it exceed four hundred twenty dollars until the first Monday of October, two thousand fifteen when the maximum benefit amount shall be four hundred twenty-five dollars, until the first Monday of October, two thousand sixteen when the maximum benefit amount shall be four hundred thirty dollars, until the first Monday of October, two thousand seven- teen when the maximum benefit amount shall be four hundred thirty-five dollars, until the first Monday of October, two thousand eighteen when the maximum benefit amount shall be four hundred fifty dollars, until the first Monday of October, two thousand nineteen when the maximum benefit amount shall be thirty-six percent of the average weekly wage until the first Monday of October, two thousand twenty when the maximum benefit amount shall be thirty-eight percent of the average weekly wage, until the first Monday of October two thousand twenty-one when the maxi- mum benefit amount shall be forty percent of the average weekly wage, until the first Monday of October, two thousand twenty-two when the maximum benefit amount shall be forty-two percent of the average weekly wage, until the first Monday of October, two thousand twenty-three when the maximum benefit amount shall be forty-four percent of the average weekly wage, until the first Monday of October, two thousand twenty-four when the maximum benefit amount shall be forty-six percent of the aver- age weekly wage, until the first Monday of October, two thousand twen- ty-five when the maximum benefit amount shall be forty-eight percent of the average weekly wage, until the first Monday of October, two thousand twenty-six and each year thereafter on the first Monday of October when the maximum benefit amount shall be fifty percent of the average weekly wage provided, however, that in no event shall the maximum benefit amount be reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT. S. 1506--A 109 A. 2006--A (C) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED THROUGHOUT A WEEK SHALL BE PAID WITH RESPECT TO SUCH WEEK AN AMOUNT EQUAL TO THE CLAIMANT'S BENEFIT RATE FOR TOTAL UNEMPLOYMENT REDUCED BY AN AMOUNT EQUAL TO TWO- THIRDS, ROUNDED TO THE NEXT LOWER WHOLE DOLLAR, OF THE TOTAL REMUNERA- TION, ROUNDED TO THE LOWER WHOLE DOLLAR, OF ANY NATURE PAYABLE TO THE CLAIMANT FOR SERVICES OF ANY KIND DURING SUCH WEEK. (D) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WHOSE EMPLOYMENT IS LIMITED TO ONE OR TWO DAYS DURING ANY WEEK OF UNEMPLOYMENT AND WHOSE PAID OR PAYABLE REMUNERATION FOR SUCH WEEK IS EQUAL TO OR LESS THAN THE WEEKLY MAXIMUM BENEFIT AMOUNT SHALL BE PAID: (1) FOR EMPLOYMENT LIMITED TO ONE DAY, A BENEFIT AMOUNT EQUAL TO THREE QUARTERS OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. (2) FOR EMPLOYMENT LIMITED TO TWO DAYS, A BENEFIT AMOUNT EQUAL TO FIFTY PERCENT OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENE- FIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. 6. Notification requirement. [No effective day shall be counted for any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY FOR ANY WEEK FOR which notification has been given in a manner prescribed by the commissioner. 7. Waiting period. A claimant shall not be entitled to [accumulate effective days for the purpose of] RECEIVE benefit payments until he OR SHE has [accumulated] COMPLETED a waiting period of [four effective days either wholly within the] ONE week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT in which he OR SHE established [his] A valid original claim [or partly within such week and partly] within his OR HER benefit year initiated by such claim. § 7. Subdivisions 1 and 2, paragraph (a) of subdivision 3 and para- graph (a) of subdivision 6 of section 591 of the labor law, subdivisions 1 and 2 as amended by chapter 413 of the laws of 2003, paragraph (a) of subdivision 3 as amended by chapter 794 of the laws of 1963 and para- graph (a) of subdivision 6 as added by section 13 of part O of chapter 57 of laws of 2013, are amended to read as follows: 1. Unemployment. Benefits, except as provided in section five hundred ninety-one-a of this title, shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. A claimant who is receiv- ing benefits under this article shall not be denied such benefits pursu- ant to this subdivision or to subdivision two of this section because of such claimant's service on a grand or petit jury of any state or of the United States. 2. Availability and capability. Except as provided in section five hundred ninety-one-a of this title, no benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his usual employment or in any other for which he is reasonably fitted by training and experience. THE COMMISSIONER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. (a) [No benefits shall be] BENEFITS payable to a claimant for any day during a paid vacation period, or for a paid holiday, [nor shall any such day be considered a day of total unemployment under section five S. 1506--A 110 A. 2006--A hundred twenty-two] SHALL BE CALCULATED AS PROVIDED IN SECTION FIVE HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY of this article. (a) No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay[, nor shall any day within such week be considered a day of total unemployment under section five hundred twenty-two of this article,] if such weekly dismissal pay exceeds the maximum weekly benefit rate. § 8. Subdivisions 1 and 2 of section 591 of the labor law, subdivision 1 as amended by chapter 446 of the laws of 1981 and subdivision 2 as amended by section 12 of part O of chapter 57 of the laws of 2013, are amended to read as follows: 1. Unemployment. Benefits shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. A claimant who is receiv- ing benefits under this article shall not be denied such benefits pursu- ant to this subdivision or to subdivision two of this section because of such claimant's service on a grand or petit jury of any state or of the United States. 2. Availability, capability, and work search. No benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his or her usual employment or in any other for which he or she is reasonably fitted by training and experience and who is not actively seeking work. In order to be actively seeking work a claimant must be engaged in systematic and sustained efforts to find work. The commissioner shall promulgate regulations defining systematic and sustained efforts to find work and setting standards for the proof of work search efforts. THE COMMISSIONER SHALL PROMULGATE REGULATIONS DEFINING A CLAIMANT'S ELIGIBILITY FOR BENEFITS WHEN SUCH CLAIMANT IS NOT CAPABLE OF WORK OR NOT READY, WILLING AND ABLE TO WORK IN HIS OR HER USUAL EMPLOYMENT OR IN ANY OTHER WHICH HE OR SHE IS REASONABLY FITTED BY TRAINING AND EXPERIENCE. § 9. Subdivision 2 of section 592 of the labor law, as amended by chapter 415 of the laws of 1983, is amended to read as follows: 2. Concurrent payments prohibited. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE in any week with respect to which or a part of which a claimant has received or is seek- ing unemployment benefits under an unemployment compensation law of any other state or of the United States, provided that this provision shall not apply if the appropriate agency of such other state or of the United States finally determines that he OR SHE is not entitled to such unem- ployment benefits. § 10. Paragraph (a) of subdivision 1, the opening paragraph of subdi- vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para- graph (a) of subdivision 1, the opening paragraph of subdivision 2 and subdivision 3 as amended by section 15 of part O of chapter 57 of the laws of 2013 and subdivision 4 as amended by chapter 589 of the laws of 1998, are amended to read as follows: (a) No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY- MENT THAT OCCURS after a claimant's voluntary separation without good cause from employment until he or she has subsequently worked in employ- ment and earned remuneration at least equal to ten times his or her weekly benefit rate. In addition to other circumstances that may be found to constitute good cause, including a compelling family reason as S. 1506--A 111 A. 2006--A set forth in paragraph (b) of this subdivision, voluntary separation from employment shall not in itself disqualify a claimant if circum- stances have developed in the course of such employment that would have justified the claimant in refusing such employment in the first instance under the terms of subdivision two of this section or if the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for a temporary period and the employer has consented thereto. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY- MENT beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or she is reason- ably fitted by training and experience, including employment not subject to this article, until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevail- ing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed without good cause nor shall it disqualify any claimant otherwise eligi- ble to receive benefits if: 3. Misconduct. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT THAT OCCURS after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. 4. Criminal acts. No [days of total unemployment shall be deemed to occur during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOY- MENT OR PARTIAL UNEMPLOYMENT FOR a period of twelve months after a claimant loses employment as a result of an act constituting a felony in connection with such employment, provided the claimant is duly convicted thereof or has signed a statement admitting that he or she has committed such an act. Determinations regarding a benefit claim may be reviewed at any time. Any benefits paid to a claimant prior to a determination that the claimant has lost employment as a result of such act shall not be considered to have been accepted by the claimant in good faith. In addition, remuneration paid to the claimant by the affected employer prior to the claimant's loss of employment due to such criminal act may not be utilized for the purpose of establishing entitlement to a subse- quent, valid original claim. The provisions of this subdivision shall apply even if the employment lost as a result of such act is not the claimant's last employment prior to the filing of his or her claim. § 11. Section 594 of the labor law, as amended by section 16 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 594. [Reduction and recovery] RECOVERY of benefits and penalties for wilful false statement. (1) A claimant who has wilfully made a false statement or representation to obtain any benefit under the provisions of this article shall [forfeit benefits for at least the first four but S. 1506--A 112 A. 2006--A not more than the first eighty effective days following discovery of such offense for which he or she otherwise would have been entitled to receive benefits. Such penalty shall apply only once with respect to each such offense. (2) For the purpose of subdivision four of section five hundred ninety of this article, the claimant shall be deemed to have received benefits for such forfeited effective days. (3) The penalty provided in this section shall not be confined to a single benefit year but shall no longer apply in whole or in part after the expiration of two years from the date of the final determination. Such two-year period shall be tolled during the time period a claimant has an appeal pending] BE SUBJECT TO THE PENALTIES SET FORTH IN THIS SECTION. [(4)] (2) A claimant shall refund all moneys received because of such false statement or representation and pay a civil penalty in an amount equal to [the greater of one hundred dollars or fifteen] TWENTY-FIVE percent of the total overpaid benefits determined pursuant to this section. [The] IF A CLAIMANT IS FOUND TO HAVE MADE A SECOND FALSE STATEMENT OR REPRESENTATION WITHIN FIVE YEARS OF THE FIRST DETERMI- NATION, THE PENALTY SHALL BE FIFTY PERCENT OF THE TOTAL OVERPAID BENE- FITS. FIFTEEN PERCENT OF THE penalties collected hereunder FOR THE FIRST AND SECOND OCCURRENCES shall be deposited in the fund. THE REMAINING PERCENTAGE OF THE PENALTIES SHALL BE DEPOSITED IN THE UNEMPLOYMENT INSURANCE CONTROL FUND. The penalties assessed under this subdivision shall apply and be assessed for any benefits paid under federal unem- ployment and extended unemployment programs administered by the depart- ment in the same manner as provided in this article. The penalties in this section shall be in addition to any penalties imposed under this chapter or any state or federal criminal statute. No penalties or inter- est assessed pursuant to this section may be deducted or withheld from benefits. [(5)] (3) (a) Upon a determination based upon a willful false state- ment or representation becoming final through exhaustion of appeal rights or failure to exhaust hearing rights, the commissioner may recover the amount found to be due by commencing a civil action, or by filing with the county clerk of the county where the claimant resides the final determination of the commissioner or the final decision by an administrative law judge, the appeal board, or a court containing the amount found to be due including interest and civil penalty. The commis- sioner may only make such a filing with the county clerk when: (i) The claimant has responded to requests for information prior to a determination and such requests for information notified the claimant of his or her rights to a fair hearing as well as the potential conse- quences of an investigation and final determination under this section including the notice required by subparagraph (iii) of paragraph (b) of this subdivision. Additionally if the claimant requested a fair hearing or appeal subsequent to a determination, that the claimant was present either in person or through electronic means at such hearing, or subse- quent appeal from which a final determination was rendered; (ii) The commissioner has made efforts to collect on such final deter- mination; and (iii) The commissioner has sent a notice, in accordance with paragraph (b) of this subdivision, of intent to docket such final determination by first class or certified mail, return receipt requested, ten days prior to the docketing of such determination. S. 1506--A 113 A. 2006--A (b) The notice required in subparagraph (iii) of paragraph (a) of this subdivision shall include the following: (i) That the commissioner intends to docket a final determination against such claimant as a judgment; (ii) The total amount to be docketed; and (iii) Conspicuous language that reads as follows: "Once entered, a judgment is good and can be used against you for twenty years, and your money, including a portion of your paycheck and/or bank account, may be taken. Also, a judgment will hurt your credit score and can affect your ability to rent a home, find a job, or take out a loan." § 11-a. Section 11 of this act shall apply to all false statements and representations determined on or after the effective date of this act and all forfeited effective days determined prior to such effective date shall remain in full force and effect for two years from the expi- ration of the initial determination. For purposes of applying such forfeited benefits, four effective days shall be considered one week of forfeited benefits and any remaining amount of less than four days shall not be applied to future benefits. § 12. Subdivisions 1 and 4 of section 596 of the labor law, subdivi- sion 1 as amended by chapter 204 of the laws of 1982 and subdivision 4 as added by chapter 705 of the laws of 1944 and as renumbered by section 148-a of part B of chapter 436 of the laws of 1997, are amended to read as follows: 1. Claim filing and certification to unemployment. A claimant shall file a claim for benefits [at] WITH the [local state employment office serving the area in which he was last employed or in which he resides] DEPARTMENT OF LABOR within such time and in such manner as the commis- sioner shall prescribe. He OR SHE shall disclose whether he OR SHE owes child support obligations, as hereafter defined. If a claimant making such disclosure is eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as hereafter defined, that the claimant is eligible. A claimant shall correctly report any [days of] employment and any compensation [he] received for such employment, including [employments] EMPLOYMENT not subject to this article, and the days on which he OR SHE was totally UNEMPLOYED OR PARTIALLY unemployed and shall make such reports in accordance with such regulations as the commissioner shall prescribe. 4. Registration and reporting for work. A claimant shall register as totally UNEMPLOYED OR PARTIALLY unemployed at a local state employment office serving the area in which he OR SHE was last employed or in which he OR SHE resides in accordance with such regulations as the commission- er shall prescribe. After so registering, such claimant shall report for work at the same local state employment office or otherwise give notice of the continuance of his OR HER unemployment as often and in such manner as the commissioner shall prescribe. § 12-a. Subdivision 3 of section 597 of the labor law, as amended by chapter 42 of the laws of 1961, is amended to read as follows: 3. Limitation on review of determinations. Any determination regarding a benefit claim may, in the absence of fraud or wilful misrepresen- tation, be reviewed only within [one year] TWO YEARS from the date it is issued because of new or corrected information, or, if the review is based thereon, within six months from a retroactive payment of remunera- tion, provided that no decision on the merits of the case has been made upon hearing or appeal. Such review shall be conducted and a new deter- mination issued in accordance with the provisions of this article and S. 1506--A 114 A. 2006--A regulations and procedure prescribed thereunder with respect to the adjudication and payment of claims, including the right of appeal. § 13. Paragraph (a) of subdivision 2 of section 599 of the labor law, as amended by chapter 593 of the laws of 1991, is amended to read as follows: (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to [one hundred four effective days] TWENTY-SIX TIMES HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The [duration] AMOUNT of such additional benefits shall in no case exceed twice the [number of effective days] AMOUNT of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. § 14. The opening paragraph and paragraph (e) of subdivision 2 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: Extended benefits shall be payable to a claimant for [effective days occurring in] any week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT within an eligibility period, provided the claimant (e) is not claiming benefits pursuant to an interstate claim filed under the interstate benefit payment plan in a state where an extended benefit period is not in effect, except that this condition shall not apply with respect to the first [eight effective days] TWO WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT for which extended benefits shall otherwise be payable pursuant to an interstate claim filed under the interstate benefit payment plan; and § 15. Subdivisions 3 and 4 and paragraphs (b) and (e) of subdivision 5 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: 3. Extended benefit amounts; rate and duration. Extended benefits shall be paid to a claimant (a) at a rate equal to his or her rate for regular benefits during his or her applicable benefit year but (b) for not more than [fifty-two effective days with respect to his or her applicable benefit year, with a total maximum amount equal to] fifty percentum of the total maximum amount of regular benefits payable in such benefit year, and (c) if a claimant's benefit year ends within an extended benefit peri- od, the remaining balance of extended benefits to which he or she would be entitled, if any, shall be reduced by the [number of effective days] AMOUNT OF BENEFITS for which he or she was entitled to receive trade readjustment allowances under the federal trade act of nineteen hundred seventy-four during such benefit year, and (d) for periods of high unemployment for not more than [eighty effec- tive days with respect to the applicable benefit year with a total maxi- mum amount equal to] eighty percent of the total maximum amount of regu- lar benefits payable in such benefit year. 4. Charging of extended benefits. The provisions of paragraph (e) of subdivision one of section five hundred eighty-one of this article shall apply to benefits paid pursuant to the provisions of this section, and if they were paid for [effective days] WEEKS OF TOTAL UNEMPLOYMENT OR S. 1506--A 115 A. 2006--A PARTIAL UNEMPLOYMENT occurring in weeks following the end of a benefit year, they shall be deemed paid with respect to that benefit year. However, except for governmental entities as defined in section five hundred sixty-five and Indian tribes as defined in section five hundred sixty-six of this article, only one-half of the amount of such benefits shall be debited to the employers' account; the remainder thereof shall be debited to the general account, and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act. Notwithstanding the foregoing, where the state has entered an extended benefit period triggered pursuant to subparagraph one of paragraph (a) of subdivision one of this section for which federal law provides for one hundred percent federal sharing of the costs of benefits, all charg- es shall be debited to the general account and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act or other federal law providing for one hundred percent federal shar- ing for the cost of such benefits. (b) No [days of total unemployment shall be deemed to occur in] BENE- FITS SHALL BE PAYABLE FOR any week within an eligibility period during which a claimant fails to accept any offer of suitable work or fails to apply for suitable work to which he or she was referred by the commis- sioner, who shall make such referral if such work is available, or during which he or she fails to engage actively in seeking work by making a systematic and sustained effort to obtain work and providing tangible evidence of such effort, and until he or she has worked in employment during at least four subsequent weeks and earned remuneration of at least four times his or her benefit rate. (e) No [days of total unemployment] BENEFITS shall be [deemed to occur in] PAYABLE FOR any week within an eligibility period under section five hundred ninety-three of this [article] TITLE, until he or she has subse- quently worked in employment in accordance with the requirements set forth in section five hundred ninety-three of this [article] TITLE. § 16. Section 603 of the labor law, as amended by section 21 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 603. Definitions. For purposes of this title: "Total unemployment" AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any employment on any day,] HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other than with an employer applying for a shared work program. "Work force" shall mean the total work force, a clearly identifiable unit or units thereof, or a particular shift or shifts. The work force subject to reduction shall consist of no less than two employees. § 17. Severability. If any amendment contained in a clause, sentence, paragraph, section or part of this act shall be adjudged by the United States Department of Labor to violate requirements for maintaining bene- fit standards required of the state in order to be eligible for any financial benefit offered through federal law or regulation, such amend- ments shall be severed from this act and shall not affect, impair or invalidate the remainder thereof. § 18. This act shall take effect on the ninetieth day after the commissioner of labor certifies that the department of labor has an information technology system capable of accommodating the provisions in this act; provided that the commissioner of labor shall notify the legislative bill drafting commission of the date of such certification in order that the commission may maintain an accurate and timely effec- tive database of the official text of the laws of the state of New York S. 1506--A 116 A. 2006--A in furtherance of effecting the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law. Effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. Provided further that the amendments to subdivisions 1 and 2 of section 591 of the labor law made by section seven of this act shall be subject to the expiration and reversion of such subdivisions pursuant to section 10 of chapter 413 of the laws of 2003, when upon such date the provisions of section eight of this act shall take effect. PART Q Section 1. Subdivision 1 of section 296 of the executive law is amended by adding a new paragraph (h) to read as follows: (H) FOR AN EMPLOYER OR EMPLOYMENT AGENCY IN WRITING OR OTHERWISE, TO RELY ON, OR INQUIRE ABOUT, THE SALARY HISTORY INFORMATION OF AN APPLI- CANT FOR EMPLOYMENT AS A FACTOR IN DETERMINING WHETHER TO OFFER EMPLOY- MENT TO AN APPLICANT OR WHAT SALARY TO OFFER AN APPLICANT. NOTHING IN THIS SUBDIVISION SHALL PREVENT AN APPLICANT FROM VOLUNTARILY AND WITHOUT PROMPTING DISCLOSING SALARY HISTORY INFORMATION TO A PROSPECTIVE EMPLOY- ER. IF AN APPLICANT VOLUNTEERS SALARY HISTORY INFORMATION, NOTHING SHALL PROHIBIT THAT EMPLOYER FROM CONSIDERING OR RELYING ON THAT INFORMATION. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT AN EMPLOYER, WITHOUT INQUIR- ING ABOUT SALARY HISTORY, FROM ENGAGING IN DISCUSSION WITH THE APPLICANT ABOUT THEIR EXPECTATIONS WITH RESPECT TO SALARY, BENEFITS, AND OTHER COMPENSATION. § 2. The section heading and subdivision 1 of section 194 of the labor law, the section heading as added by chapter 548 of the laws of 1966 and subdivision 1 as amended by chapter 362 of the laws of 2015, are amended to read as follows: Differential in rate of pay because of [sex] PROTECTED CLASS STATUS prohibited. 1. No employee WHO IS A MEMBER OF A PROTECTED CLASS shall be paid a wage at a rate less than the rate at which an employee [of the opposite sex] WHO IS NOT A MEMBER OF THE PROTECTED CLASS in the same establishment is paid for [equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions] SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A COMPOSITE OF SKILL, EFFORT, AND RESPONSIBILITY, AND PERFORMED UNDER SIMILAR WORKING CONDITIONS, except where payment is made pursuant to a differential based on: a. a seniority system; b. a merit system; c. a system which measures earnings by quantity or quality of production; or d. a bona fide factor other than [sex] THE PROTECTED CLASS STATUS, such as education, training, or experience. Such factor: (i) shall not be based upon [or derived from] a [sex-based] differential in compen- sation THAT WAS ORIGINALLY DERIVED FROM A PROTECTED CLASS STATUS and (ii) shall be job-related with respect to the position in question and shall be consistent with business necessity. Such exception under this paragraph shall not apply when the employee demonstrates (A) that an employer uses a particular employment practice that causes a disparate impact on the basis of [sex] PROTECTED CLASS STATUS, (B) that an alter- native employment practice exists that would serve the same business S. 1506--A 117 A. 2006--A purpose and not produce such differential, and (C) that the employer has refused to adopt such alternative practice. § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART R Section 1. Subdivisions 1 and 2 of section 291 of the executive law, as amended by chapter 196 of the laws of 2010, are amended to read as follows: 1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status, or disa- bility, is hereby recognized as and declared to be a civil right. 2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommo- dations and commercial space without discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status, or disability, as specified in section two hundred ninety-six of this article, is hereby recognized as and declared to be a civil right. § 2. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING TRANSGENDER. § 3. Subdivisions 8 and 9 of section 295 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: 8. To create such advisory councils, local, regional or state-wide, as in its judgment will aid in effectuating the purposes of this article and of section eleven of article one of the constitution of this state, and the division may empower them to study the problems of discrimi- nation in all or specific fields of human relationships or in specific instances of discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability or marital status and make recommendations to the division for the development of policies and procedures in general and in specific instances. The advisory councils also shall disseminate information about the division's activities to organizations and indi- viduals in their localities. Such advisory councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the division may make provision for technical and clerical assistance to such councils and for the expenses of such assistance. 9. To develop human rights plans and policies for the state and assist in their execution and to make investigations and studies appropriate to effectuate this article and to issue such publications and such results of investigations and research as in its judgement will tend to inform persons of the rights assured and remedies provided under this article, to promote good-will and minimize or eliminate discrimination because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability or marital status. S. 1506--A 118 A. 2006--A § 4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, are amended to read as follows: (a) For an employer or licensing agency, because of an individual's age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (b) For an employment agency to discriminate against any individual because of age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (c) For a labor organization, because of the age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predisposing genetic characteristics, familial status, or marital status of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publi- cation, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to iden- tify and resolve possible problems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportu- nities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, sexual orientation OR GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- posing genetic characteristics, familial status, or marital status. § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, are amended to read as follows: (b) To deny to or withhold from any person because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, familial status, or marital status, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training S. 1506--A 119 A. 2006--A program, executive training program, or other occupational training or retraining program; (c) To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, condi- tions or privileges of such programs because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, familial status or marital status; (d) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, spec- ification or discrimination as to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, familial status or marital status, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification. § 6. Paragraph (a) of subdivision 2 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability or marital status of any person, directly or indirectly, to refuse, with- hold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability or marital status, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex or marital status, or having a disability is unwel- come, objectionable or not acceptable, desired or solicited. § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, paragraphs (a), (b) and (c) as amended and paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, or familial status in the terms, conditions or privileges of any publicly- assisted housing accommodations or in the furnishing of facilities or services in connection therewith. S. 1506--A 120 A. 2006--A (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. (c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- bility, marital status, or familial status, or any intent to make any such limitation, specification or discrimination. § 8. Subdivision 3-b of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to repre- sent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital status, or familial status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities. § 9. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law to deny the use of its facili- ties to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disa- bility, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age or marital status, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. § 10. Subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 5. (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because S. 1506--A 121 A. 2006--A of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facili- ties or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- bility, marital status, or familial status, or any intent to make any such limitation, specification or discrimination. The provisions of this paragraph (a) shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommo- dations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty- two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether hous- ing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available; (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith; S. 1506--A 122 A. 2006--A (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- bility, marital status, or familial status; or any intent to make any such limitation, specification or discrimination. (4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occu- pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not avail- able for inspection, sale, rental or lease when in fact it is so avail- able, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disability, marital status, or familial status; or any intent to make any such limitation, specifica- tion or discrimination. (3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any HOUSING ACCOMMODATION, land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any hous- ing accommodation or land to be used for the construction or location of S. 1506--A 123 A. 2006--A housing accommodations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, disability, marital status, or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. (e) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, conva- lescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a "blind person" shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen entitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor". (f) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years. (g) It shall be an unlawful discriminatory practice for any person offering or providing housing accommodations, land or commercial space as described in paragraphs (a), (b), and (c) of this subdivision to make or cause to be made any written or oral inquiry or record concerning membership of any person in the state organized militia in relation to the purchase, rental or lease of such housing accommodation, land, or commercial space, provided, however, that nothing in this subdivision shall prohibit a member of the state organized militia from voluntarily disclosing such membership. § 11. Paragraph (a) of subdivision 9 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, is amended to read as follows: (a) It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members there- of, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire depart- ment or fire company therein, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status, or familial status, of such indi- vidual. S. 1506--A 124 A. 2006--A § 12. Subdivision 13 of section 296 of the executive law, as amended by chapter 365 of the laws of 2015, is amended to read as follows: 13. It shall be an unlawful discriminatory practice (i) for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, or familial status, of such person, or of such person's partners, members, stockholders, direc- tors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to: (a) Boycotts connected with labor disputes; or (b) Boycotts to protest unlawful discriminatory practices. § 13. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: 1. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof: a. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or mainte- nance of any housing accommodation, land or commercial space to discrim- inate against any such applicant because of the race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, disability, or familial status of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit; b. To discriminate in the granting, withholding, extending or renew- ing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, disability, or familial status; c. To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, disability, or familial status; d. To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning; e. To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, marital status, childbearing potential, disability, or familial status; f. To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse. This paragraph shall not apply to any situation where the use of a surname would constitute or result in a criminal act. 2. Without limiting the generality of subdivision one of this section, it shall be considered discriminatory if, because of an applicant's or class of applicants' race, creed, color, national origin, sexual orien- tation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari- S. 1506--A 125 A. 2006--A tal status or disability, or familial status, (i) an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or (ii) special requirements or conditions, such as requiring co-obligors or reapplica- tion upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness. 3. It shall not be considered discriminatory if credit differen- tiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to race, creed, color, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, marital status or disability, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiv- ing diminished or interrupted income in the future. § 14. Paragraph (b) of subdivision 2 of section 296-b of the executive law, as added by chapter 481 of the laws of 2010, is amended to read as follows: (b) Subject a domestic worker to unwelcome harassment based on gender, race, religion, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION or national origin, where such harassment has the purpose or effect of unreasonably interfering with an individual's work performance by creat- ing an intimidating, hostile, or offensive working environment. § 15. Section 40-c of the civil rights law, as amended by chapter 2 of the laws of 2002, is amended to read as follows: § 40-c. Discrimination. 1. All persons within the jurisdiction of this state shall be entitled to the equal protection of the laws of this state or any subdivision thereof. 2. No person shall, because of race, creed, color, national origin, sex, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability, as such term is defined in section two hundred ninety-two of the executive law, be subjected to any discrimination in his or her civil rights, or to any harassment, as defined in section 240.25 of the penal law, in the exercise thereof, by any other person or by any firm, corporation or institution, or by the state or any agency or subdivision of the state. § 16. Paragraph (a) of subdivision 1 of section 313 of the education law, as amended by chapter 2 of the laws of 2002, is amended to read as follows: (a) It is hereby declared to be the policy of the state that the Amer- ican ideal of equality of opportunity requires that students, otherwise qualified, be admitted to educational institutions and be given access to all the educational programs and courses operated or provided by such institutions without regard to race, color, sex, religion, creed, mari- tal status, age, sexual orientation as defined in section two hundred ninety-two of the executive law, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin, except that, with regard to religious or denominational educational institutions, students, otherwise qualified, shall have the equal opportunity to attend therein without discrimination because of race, color, sex, marital status, age, sexual orientation as defined in section two hundred ninety-two of the executive law, GENDER IDENTITY OR S. 1506--A 126 A. 2006--A EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin. It is a fundamental American right for members of various religious faiths to establish and maintain educational insti- tutions exclusively or primarily for students of their own religious faith or to effectuate the religious principles in furtherance of which they are maintained. Nothing herein contained shall impair or abridge that right. § 17. Subdivision 3 of section 313 of the education law, as amended by chapter 2 of the laws of 2002, is amended to read as follows: (3) Unfair educational practices. It shall be an unfair educational practice for an educational institution after September fifteenth, nine- teen hundred forty-eight: (a) To exclude or limit or otherwise discriminate against any person or persons seeking admission as students to such institution or to any educational program or course operated or provided by such institution because of race, religion, creed, sex, color, marital status, age, sexu- al orientation as defined in section two hundred ninety-two of the exec- utive law, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference in such selection to such members or to make such selection of its students as is calculated by such institution to promote the religious principles for which it is estab- lished or maintained. Nothing herein contained shall impair or abridge the right of an independent institution, which establishes or maintains a policy of educating persons of one sex exclusively, to admit students of only one sex. (b) To penalize any individual because he or she has initiated, testi- fied, participated or assisted in any proceedings under this section. (c) To accept any endowment or gift of money or property conditioned upon teaching the doctrine of supremacy of any particular race. (d) With respect to any individual who withdraws from attendance to serve on active duty in the armed forces of the United States in time of war, including any individual who withdrew from attendance on or after August second, nineteen hundred ninety to serve on active duty in the armed forces of the United States in the Persian Gulf conflict: (i) to deny or limit the readmission of such individual to such institution or to any educational program or course operated or provided by such insti- tution because of such withdrawal from attendance or because of the failure to complete any educational program or course due to such with- drawal; (ii) to impose any academic penalty on such person because of such withdrawal or because of the failure to complete any educational program or course due to such withdrawal; (iii) to reduce or eliminate any financial aid award granted to such individual which could not be used, in whole or part, because of such withdrawal or because of the failure to complete any educational program or course due to such with- drawal; or (iv) to fail to provide a credit or refund of tuition and fees paid by such individual for any semester, term or quarter not completed because of such withdrawal or because of the failure to complete any program or course due to such withdrawal. (e) It shall not be an unfair educational practice for any educational institution to use criteria other than race, religion, creed, sex, color, marital status, age, sexual orientation as defined in section two hundred ninety-two of the executive law, GENDER IDENTITY OR EXPRESSION S. 1506--A 127 A. 2006--A AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin in the admission of students to such institution or to any of the educational programs and courses operated or provided by such institution. § 18. Section 485.00 of the penal law, as added by chapter 107 of the laws of 2000, is amended to read as follows: § 485.00 Legislative findings. The legislature finds and determines as follows: criminal acts involv- ing violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as "hate crimes", victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. Current law does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. Accordingly, the legislature finds and declares that hate crimes should be prosecuted and punished with appropriate severity. § 19. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as added by chapter 107 of the laws of 2000, are amended to read as follows: 1. A person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- gious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct. 2. Proof of race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section. 4. For purposes of this section: (a) the term "age" means sixty years old or more; S. 1506--A 128 A. 2006--A (b) the term "disability" means a physical or mental impairment that substantially limits a major life activity[.]; (C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING TRANSGENDER. § 20. Subdivision 3 of section 240.30 of the penal law, as amended by chapter 188 of the laws of 2014, is amended to read as follows: 3. With the intent to harass, annoy, threaten or alarm another person, he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- gious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or § 21. The opening paragraph of section 240.31 of the penal law, as amended by chapter 49 of the laws of 2006, is amended to read as follows: A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- gious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she: § 22. Section 240.00 of the penal law is amended by adding a new subdivision 7 to read as follows: 7. "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING TRANSGENDER. § 23. Paragraph (c) of subdivision 7 of section 200.50 of the criminal procedure law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: (c) in the case of any hate crime, as defined in section 485.05 of the penal law, specifies, as applicable, that the defendant or defendants intentionally selected the person against whom the offense was committed or intended to be committed; or intentionally committed the act or acts constituting the offense, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ances- try, gender, GENDER IDENTITY OR EXPRESSION, religion, religious prac- tice, age, disability or sexual orientation of a person; and § 24. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that sections eighteen through twenty-three of this act shall take effect on the first of November next succeeding the date on which it shall have become a law. PART S Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN: (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR S. 1506--A 129 A. 2006--A (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER- ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY. § 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an [education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law] EDUCATIONAL INSTITUTION to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age or marital status, except that any such insti- tution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. § 3. This act shall take effect immediately. PART T Section 1. Short title. This act shall be known and may be cited as the "Lawful Source of Income Non-Discrimination Act of 2019". § 2. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "LAWFUL SOURCE OF INCOME" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD SUPPORT, ALIMONY, FOSTER CARE SUBSIDIES, INCOME DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF FEDERAL, STATE, OR LOCAL PUBLIC ASSISTANCE OR HOUSING ASSISTANCE INCLUDING, BUT NOT LIMITED TO, SECTION 8 VOUCHERS, OR ANY OTHER FORM OF HOUSING ASSISTANCE PAYMENT OR CREDIT WHETHER OR NOT SUCH INCOME OR CREDIT IS PAID OR ATTRIBUTED DIRECTLY TO A LANDLORD, AND ANY OTHER FORMS OF LAWFUL INCOME. § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, paragraphs (a), (b) and (c) as amended and paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, sexual orien- tation, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. S. 1506--A 130 A. 2006--A (c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination. § 4. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, military status, sex, age, disabil- ity, marital status, LAWFUL SOURCE OF INCOME or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination. § 5. Subparagraphs 1 and 2 of paragraph (c) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commer- cial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME, or familial status of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- S. 1506--A 131 A. 2006--A tion for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status; or any intent to make any such limitation, specification or discrimi- nation. § 6. Paragraph (d) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, amended to read as follows: (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, sexual orientation, military status, age, sex, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. § 7. This act shall take effect immediately and shall apply to all causes of action filed on or after such effective date. PART U Section 1. Subdivision 2 of section 7-108 of the general obligations law is amended by adding a new paragraph (f) to read as follows: (F) EXCEPT IN INSTANCES WHERE STATUTES OR REGULATIONS PROVIDE FOR A LESSER PAYMENT, FEE, DEPOSIT OR CHARGE, NO LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR MAY DEMAND ANY PAYMENT, FEE, DEPOSIT, OR CHARGE, INCLUDING, BUT NOT LIMITED TO, ANY PAYMENT, FEE, DEPOSIT, OR CHARGE THAT IS IMPOSED AT THE BEGINNING OF THE TENANCY TO BE USED TO REIMBURSE THE LANDLORD FOR COSTS ASSOCIATED WITH PROCESSING A NEW TENANT OR THAT IS IMPOSED AS AN ADVANCE PAYMENT OF RENT, USED OR TO BE USED FOR ANY PURPOSE, INCLUDING A SECURITY DEPOSIT, IN AN AMOUNT OR VALUE IN EXCESS OF AN AMOUNT EQUAL TO TWO MONTHS' RENT, INCLUDING THE FIRST MONTH'S RENT. § 2. This act shall take effect immediately. PART V Section 1. Section 300 of the executive law, as amended by chapter 166 of the laws of 2000, is amended to read as follows: § 300. Construction. The provisions of this article shall be construed liberally for the accomplishment of the purposes thereof. JUDICIAL INTERPRETATIONS OF SIMILARLY WORDED PROVISIONS OF FEDERAL CIVIL RIGHTS LAWS ARE NOT CONTROLLING. SUCH INTERPRETATIONS OF FEDERAL CIVIL RIGHTS LAWS ESTABLISH A FLOOR BELOW WHICH INTERPRETATION OF THIS ARTICLE CANNOT FALL, RATHER THAN A CEILING ABOVE WHICH INTERPRETATION OF THIS ARTICLE CANNOT RISE. Nothing contained in this article shall be deemed to repeal any of the provisions of the civil rights law or any other law of this state relating to discrimination because of race, creed, color or national origin; but, as to acts declared unlawful by section two hundred ninety-six of this article, the procedure herein provided shall, while pending, be exclusive; and the final determination therein shall exclude any other STATE CIVIL action[, civil or criminal,] based on the same grievance of the individual concerned. If such individual insti- tutes any action based on such grievance without resorting to the proce- S. 1506--A 132 A. 2006--A dure provided in this article, he or she may not subsequently resort to the procedure herein. § 2. Subdivision 21 of section 296 of the executive law, as renumbered by chapter 536 of the laws of 2010, is renumbered subdivision 22 and a new subdivision 21 is added to read as follows: 21. HARASSMENT ON THE BASIS OF ANY PROTECTED CHARACTERISTIC IS AN UNLAWFUL DISCRIMINATORY PRACTICE IN ANY AREA OF JURISDICTION AS SET FORTH IN THIS ARTICLE. HARASSMENT INCLUDES THE TYPES OF ACTIONS THAT HAVE BEEN FOUND BY THE COURTS TO CREATE A HOSTILE ENVIRONMENT OR A TANGIBLE JOB DETRIMENT. SUCH ACTIONS ARE AN UNLAWFUL DISCRIMINATORY PRACTICE WHEN THEY RESULT IN A PERSON OR PERSONS BEING TREATED NOT AS WELL AS OTHERS BECAUSE OF A PROTECTED CHARACTERISTIC. HARASSMENT IS NOT LIMITED ONLY TO THOSE ACTIONS THAT ARE SEVERE OR PERVASIVE. HARASSMENT DOES NOT INCLUDE WHAT A REASONABLE PERSON WITH THE SAME PROTECTED CHAR- ACTERISTIC WOULD CONSIDER PETTY SLIGHTS OR TRIVIAL INCONVENIENCES. § 3. Section 5-336 of the general obligations law, as added by section 1 of subpart D of part KK of chapter 57 of the laws of 2018, is amended to read as follows: § 5-336. Nondisclosure agreements. 1. Notwithstanding any other law to the contrary, no employer, its officers or employees shall have the authority to include or agree to include in any settlement, agreement or other resolution of any claim, the factual foundation for which involves sexual harassment, any term or condition that would prevent the disclo- sure of the underlying facts and circumstances to the claim or action unless the condition of confidentiality is the complainant's preference. Any such term or condition must be provided to all parties, and the complainant shall have twenty-one days to consider such term or condi- tion. If after twenty-one days such term or condition is the complainant's preference, such preference shall be memorialized in an agreement signed by all parties. For a period of at least seven days following the execution of such agreement, the complainant may revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired. 2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ANY PROVISION IN A CONTRACT OR OTHER AGREEMENT BETWEEN AN EMPLOYER OR AN AGENT OF AN EMPLOYER AND ANY EMPLOYEE OR POTENTIAL EMPLOYEE OF THAT EMPLOYER ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, THAT PREVENTS THE DISCLOSURE OF FACTUAL INFORMATION RELATED TO ANY FUTURE CLAIM OF SEXUAL HARASSMENT, ASSAULT, OR DISCRIMINATION IS VOID OR UNENFORCEABLE UNLESS SUCH PROVISION INCLUDES LANGUAGE ENSURING THAT THE PARTIES TO THE AGREE- MENT STILL HAVE THE RIGHT TO FILE A COMPLAINT ABOUT SUCH FACTUAL INFOR- MATION WITH A STATE OR LOCAL AGENCY, AND TESTIFY OR OTHERWISE PARTIC- IPATE IN A GOVERNMENT INVESTIGATION. § 4. Subdivision 3 of section 201-g of the labor law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: 3. THE DEPARTMENT SHALL CONSULT WITH THE DIVISION OF HUMAN RIGHTS TO PRODUCE AND DISTRIBUTE A WORKPLACE SEXUAL HARASSMENT PREVENTION POSTER. A. SUCH POSTER SHALL INCLUDE AN EXPLANATION OF SEXUAL HARASSMENT CONSISTENT WITH GUIDANCE ISSUED BY THE DEPARTMENT IN CONSULTATION WITH THE DIVISION OF HUMAN RIGHTS AND INFORMATION CONCERNING EMPLOYEES' RIGHTS OF REDRESS AND ALL AVAILABLE FORUMS FOR ADJUDICATING COMPLAINTS. B. EVERY EMPLOYER SHALL POST SUCH POSTER OR A POSTER THAT EQUALS OR EXCEEDS THE MINIMUM STANDARDS OF SUCH POSTER IN A CONSPICUOUS LOCATION. § 5. This act shall take effect January 1, 2020. PART W S. 1506--A 133 A. 2006--A Section 1. This act shall be known and may be cited as the "pension poaching prevention act". § 2. Legislative findings and intent. Nationally, veterans and their family members are often subject to a practice commonly called pension poaching. This troubling practice, as described in recent reports from the Federal Trade Commission, the Federal Government Accountability Office, the United States Department of Veterans Affairs, and several other entities, generally target elderly or disabled veterans and their family members. Pension poaching involves dishonest financial planners, insurance agents, and other professionals luring veterans and their family members to pay substantial funds for veterans' benefits services that the offering entity is unqualified to provide and that can detri- mentally impact the future financial situations of the veteran and his or her dependents. Entities engaging in pension poaching tend to use high-pressure sales tactics directed toward potential customers, falsely guaranteeing bene- fits for veterans and their families even when the advertising entity lacks the federal accreditation required by law to file such claims and appeals for federal veterans' benefits. Often, they persuade veterans and their family members to abruptly move most or all of their assets to potentially qualify for certain federal veterans benefits, frequently causing veterans and their family members to unwittingly lose control over their assets and adversely affecting the ability of veterans and their families to qualify for Medicaid and other important benefits in the future. These entities frequently charge extremely high fees for these services, even in matters where federal law expressly prohibits such fees. Through this legislation, the legislature intends to restrain this harmful and deceptive practice within New York State, providing neces- sary protections to the men and women of this state who courageously served in our nation's armed forces. § 3. The general business law is amended by adding a new section 349-f to read as follows: § 349-F. PENSION POACHING PREVENTION. 1. FOR PURPOSES OF THIS SECTION: (A) THE TERM "VETERAN" MEANS A PERSON WHO HAS SERVED ON ACTIVE DUTY SERVICE IN THE ARMED FORCES OF THE UNITED STATES, OR SERVICE IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, COMMISSIONED OFFICER IN THE PUBLIC HEALTH SERVICE, COMMISSIONED OFFICER OF THE NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION OR ENVIRONMENTAL SCIENCES SERVICES ADMINISTRATION, CADET AT A UNITED STATES ARMED FORCES SERVICE ACADEMY OR PROVISIONS UNDER 38 U.S.C. § 106, AND WHO HAS BEEN RELEASED FROM SUCH SERVICE UNDER HONOR- ABLE CONDITIONS. (B) THE TERM "VETERANS' BENEFITS MATTER" MEANS THE PREPARATION, PRES- ENTATION, OR PROSECUTION OF ANY CLAIM AFFECTING ANY PERSON WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A CLAIM FOR ANY BENEFIT, PROGRAM, SERVICE, COMMODITY, FUNCTION, OR STATUS, ENTITLEMENT WHICH IS DETERMINED UNDER THE LAWS AND REGULATIONS ADMINISTERED BY THE UNITED STATES DEPART- MENT OF VETERANS AFFAIRS OR THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS PERTAINING TO VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND ANY OTHER PARTY ELIGIBLE FOR SUCH BENEFITS. (C) THE TERM "COMPENSATION" MEANS MONEY, PROPERTY, OR ANYTHING ELSE OF VALUE. (D) THE TERM "ENTITY" INCLUDES, BUT IS NOT LIMITED TO, ANY NATURAL PERSON, CORPORATION, TRUST, PARTNERSHIP, ALLIANCE, OR UNINCORPORATED ASSOCIATION. S. 1506--A 134 A. 2006--A 2. (A) NO ENTITY SHALL RECEIVE COMPENSATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER, EXCEPT AS PERMITTED UNDER TITLE 38 OF THE UNITED STATES CODE AND THE CORRESPONDING PROVISIONS WITHIN TITLE 38 OF THE UNITED STATES CODE OF FEDERAL REGULATIONS. (B) NO ENTITY SHALL RECEIVE COMPENSATION FOR REFERRING ANY PARTY TO ANOTHER INDIVIDUAL TO ADVISE OR ASSIST THIS PARTY WITH ANY VETERANS' BENEFITS MATTER. (C) ANY ENTITY SEEKING TO RECEIVE COMPENSATION FOR ADVISING OR ASSIST- ING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER SHALL, BEFORE RENDERING ANY SERVICES, MEMORIALIZE ALL TERMS REGARDING THE PARTY'S PAYMENT OF FEES FOR SERVICES RENDERED IN A WRITTEN AGREEMENT, SIGNED BY BOTH PARTIES, THAT ADHERES TO ALL CRITERIA SPECIFIED WITHIN TITLE 38, SECTION 14.636, OF THE UNITED STATES CODE OF FEDERAL REGULATIONS. (D) NO ENTITY SHALL RECEIVE ANY FEES FOR ANY SERVICES RENDERED BEFORE THE DATE ON WHICH A NOTICE OF DISAGREEMENT IS FILED WITH RESPECT TO THE VETERAN'S CASE. (E) NO ENTITY SHALL GUARANTEE, EITHER DIRECTLY OR BY IMPLICATION, THAT ANY PARTY IS CERTAIN TO RECEIVE SPECIFIC VETERANS' BENEFITS OR THAT ANY PARTY IS CERTAIN TO RECEIVE A SPECIFIC LEVEL, PERCENTAGE, OR AMOUNT OF VETERANS' BENEFITS. (F) NO ENTITY SHALL RECEIVE EXCESSIVE OR UNREASONABLE FEES AS COMPEN- SATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER. THE FACTORS ARTICULATED WITHIN TITLE 38, SECTION 14.636 OF THE CODE OF FEDERAL REGULATIONS SHALL GOVERN DETERMINATIONS OF WHETHER A FEE IS EXCESSIVE OR UNREASONABLE. 3. (A) NO ENTITY SHALL ADVISE OR ASSIST FOR COMPENSATION ANY PARTY WITH ANY VETERANS' BENEFITS MATTER WITHOUT CLEARLY PROVIDING, AT THE OUTSET OF THIS BUSINESS RELATIONSHIP, THE FOLLOWING DISCLOSURE, BOTH ORALLY AND IN WRITING: "THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHAR- TERED VETERANS SERVICE ORGANIZATION. OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHAR- TERED VETERANS SERVICE ORGANIZATIONS, MAY BE ABLE TO PROVIDE YOU WITH THIS SERVICE FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSI- NESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETERANS' BENEFITS BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES HERE." THE WRITTEN DISCLOSURE MUST APPEAR IN AT LEAST TWELVE-POINT FONT AND MUST APPEAR IN A READILY NOTICEABLE AND IDENTIFIABLE PLACE IN THE ENTITY'S AGREEMENT WITH THE PARTY SEEKING SERVICES. THE PARTY MUST VERBALLY ACKNOWLEDGE UNDERSTANDING OF THE ORAL DISCLOSURE AND MUST PROVIDE HIS OR HER SIGNATURE TO REPRESENT UNDER- STANDING OF THESE PROVISIONS ON THE DOCUMENT IN WHICH THE WRITTEN DISCLOSURE APPEARS. THE ENTITY OFFERING SERVICES MUST RETAIN A COPY OF THE WRITTEN DISCLOSURE WHILE PROVIDING VETERANS' BENEFITS SERVICES FOR COMPENSATION TO THE PARTY AND FOR AT LEAST ONE YEAR AFTER THE DATE ON WHICH THIS SERVICE RELATIONSHIP TERMINATES. (B) NO ENTITY SHALL ADVERTISE FOR-COMPENSATION SERVICES IN VETERANS BENEFITS MATTERS WITHOUT INCLUDING THE FOLLOWING DISCLOSURE: "THIS BUSI- NESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPART- MENT OF VETERANS AFFAIRS, THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGAN- IZATION. OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGANIZA- S. 1506--A 135 A. 2006--A TIONS, MAY BE ABLE TO PROVIDE YOU WITH THESE SERVICES FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETER- ANS' BENEFITS BEYOND THE SERVICES THAT THIS BUSINESS OFFERS." IF THE ADVERTISEMENT IS PRINTED, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS VISIBLE TO INTERNET USERS, THE DISCLOSURE MUST APPEAR IN A READILY VISI- BLE PLACE ON THE ADVERTISEMENT. IF THE ADVERTISEMENT IS VERBAL, THE SPOKEN STATEMENT OF THE DISCLOSURE MUST BE CLEAR AND INTELLIGIBLE. 4. (A) ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A DECEPTIVE ACT IN THE CONDUCT OF BUSINESS, TRADE, OR COMMERCE, AND SHALL BE SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED FORTY NINE OF THIS ARTICLE, INCLUDING ANY RIGHT OF ACTION AND CORRESPONDING PENALTIES DESCRIBED WITHIN SUCH SECTION. (B) IF AN ENTITY'S VIOLATION OF THIS SECTION CONCERNS A PARTY WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER, SAID ENTITY MAY BE LIABLE FOR SUPPLE- MENTAL CIVIL PENALTIES AS ESTABLISHED WITHIN, AND SUBJECT OF THE TERMS OF, SECTION THREE HUNDRED FORTY-NINE-C OF THIS ARTICLE. 5. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS EVER HELD INVALID, THE REMAINDER OF THIS ACT OR THE APPLICATION OF ITS PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES SHALL REMAIN UNAFFECTED. § 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. PART X Section 1. Subdivision 21-f of section 292 of the executive law, as added by chapter 369 of the laws of 2015, is amended to read as follows: 21-f. The term "pregnancy-related condition" means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, INCLUDING BUT NOT LIMITED TO LACTA- TION; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article. § 2. This act shall take effect immediately. PART Y Section 1. The education law is amended by adding a new section 6509-e to read as follows: § 6509-E. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL HEALTH PROFESSIONALS. 1. FOR THE PURPOSES OF THIS SECTION: A. "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR ONE HUNDRED SIXTY-THREE OF THIS TITLE; OR ANY OTHER PERSON DESIGNATED AS A MENTAL HEALTH PROFESSIONAL PURSUANT TO LAW, RULE OR REGULATION. B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS ANY PRACTICE BY A MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS, GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX S. 1506--A 136 A. 2006--A AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT- ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF PATIENTS' COPING, SOCIAL SUPPORT AND IDENTITY EXPLORATION AND DEVELOP- MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK TO CHANGE SEXUAL ORIENTATION. 2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES- SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBARTICLE SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS SUBARTICLE. § 2. The education law is amended by adding a new section 6531-a to read as follows: § 6531-A. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; MENTAL HEALTH PROFESSIONALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: A. "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE. B. "SEXUAL ORIENTATION CHANGE EFFORTS" (I) MEANS ANY PRACTICE BY A MENTAL HEALTH PROFESSIONAL THAT SEEKS TO CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION, INCLUDING, BUT NOT LIMITED TO, EFFORTS TO CHANGE BEHAVIORS, GENDER IDENTITY, OR GENDER EXPRESSIONS, OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS TOWARDS INDIVIDUALS OF THE SAME SEX; AND (II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT: (A) PROVIDE ACCEPT- ANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE FACILITATION OF PATIENTS' COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORATION AND DEVELOP- MENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND (B) DO NOT SEEK TO CHANGE SEXUAL ORIENTATION. 2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES- SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN SECTION TWO HUNDRED THIRTY-A OF THE PUBLIC HEALTH LAW, AS ADDED BY CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-ONE. § 3. This act shall take effect immediately. PART Z Section 1. Short title. This act shall be known and may be cited as the "rent regulation act of 2019". § 2. Rent regulation act of 2019. Notwithstanding any other provision of law to the contrary, the New York state system of rent regulation pursuant to chapter 576 of the laws of 1974, chapter 274 of the laws of 1946, chapter 329 of the laws of 1963, chapter 555 of the laws of 1982, chapter 402 of the laws of 1983, chapter 116 of the laws of 1997, and sections 26-501, 26-502, and 26-520 of the administrative code of the city of New York, shall be extended pursuant to a chapter of the laws of 2019. Provided, however, such extension shall include rent regulation reforms to end vacancy decontrol, amend the application of preferential rent, and limit capital improvement charges based on a report on rent S. 1506--A 137 A. 2006--A regulation delivered to the governor by the commissioner of the division of housing and community renewal ("the division") on or after March 1, 2019 which shall include (i) the number of rent stabilized housing accommodations within the city of New York; (ii) the number of rent stabilized housing accommodations outside the city of New York; (iii) the number of rent controlled housing accommodations in the city of New York; (iv) the number of rent controlled housing accommodations outside the city of New York; (v) the number of applications for major capital improvements filed with such division; (vi) the number of units which are registered with such division where the amount charged to and paid by the tenant is less than the registered rent for the housing accommo- dation; (vii) for housing accommodations that are registered with such division where the amount charged to and paid by the tenant is less than the registered rent for the housing accommodation the average of the difference between the registered rent for a housing accommodation and the amount charged to and paid by the tenant; (viii) the number of rent overcharge complaints processed by the division; and (ix) the number of final overcharge orders granting an overcharge. § 3. This act shall take effect immediately. PART AA Section 1. The opening paragraph of section 5-211 of the election law, as amended by chapter 265 of the laws of 2013, is amended to read as follows: Each agency designated as a participating agency under the provisions of this section shall implement and administer a program of distribution of voter registration forms pursuant to the provisions of this section. The following offices which provide public assistance and/or provide state funded programs primarily engaged in providing services to persons with disabilities are hereby designated as voter registration agencies: designated as the state agencies which provide public assistance are the office of children and family services, the office of temporary and disability assistance and the department of health. Also designated as public assistance agencies are all agencies of local government that provide such assistance. Designated as state agencies that provide programs primarily engaged in providing services to people with disabil- ities are the department of labor, office for the aging, division of veterans' [affairs] SERVICES, office of mental health, office of voca- tional and educational services for individuals with disabilities, commission on quality of care for the mentally disabled, office of mental retardation and developmental disabilities, commission for the blind, office of alcoholism and substance abuse services, the office of the advocate for the disabled and all offices which administer programs established or funded by such agencies. Additional state agencies desig- nated as voter registration offices are the department of state and the division of workers' compensation. Such agencies shall be required to offer voter registration forms to persons upon initial application for services, renewal or recertification for services and change of address relating to such services. Such agencies shall also be responsible for providing assistance to applicants in completing voter registration forms, receiving and transmitting the completed application form from all applicants who wish to have such form transmitted to the appropriate board of elections. The state board of elections shall, together with representatives of the department of defense, develop and implement procedures for including recruitment offices of the armed forces of the S. 1506--A 138 A. 2006--A United States as voter registration offices when such offices are so designated by federal law. The state board shall also make request of the United States Immigration and Naturalization Service to include applications for registration by mail with any materials which are given to new citizens. All institutions of the state university of New York and the city university of New York, shall, at the beginning of the school year, and again in January of a year in which the president of the United States is to be elected, provide an application for registra- tion to each student in each such institution. The state board of elections may, by regulation, grant a waiver from any or all of the requirements of this section to any office or program of an agency, if it determines that it is not feasible for such office or program to administer such requirement. § 2. Subdivision 8 of section 31 of the executive law, as amended by section 106 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 8. The division of veterans' [affairs] SERVICES. § 2-a. Paragraph (e) of subdivision 1 of section 169 of the executive law, as amended by section 9 of part A of chapter 60 of the laws of 2012, is amended to read as follows: (e) chairman of state athletic commission, director of the office of victim services, chairman of human rights appeal board, chairman of the industrial board of appeals, chairman of the state commission of correction, members of the board of parole, member-chairman of unemploy- ment insurance appeal board, director of veterans' [affairs] SERVICES, and vice-chairman of the workers' compensation board; § 3. Subdivision 1 of section 191 of the executive law, as added by chapter 285 of the laws of 1995, is amended to read as follows: 1. There is hereby established within the division of military and naval affairs a temporary advisory committee on the restoration and display of New York state's military battle flags (hereinafter referred to as the "committee"). The committee shall have thirteen members as follows: the adjutant general, the director of the New York state mili- tary heritage museum, the commissioners of education and parks, recre- ation and historic preservation and the director of the division of veterans' [affairs] SERVICES, or their designated representatives, two members appointed each by the governor, speaker of the assembly and majority leader of the senate and one member each appointed by the minority leaders of the senate and assembly and shall serve at the plea- sure of the appointing authority. Appointed members shall include indi- viduals with experience in restoration of historical memorabilia, exper- tise in military history, or a background in historical restoration or fine arts conservation. No appointed member shall be a member of the executive, legislative or judicial branch of the state government at the time of his/her appointment. The advisory committee shall meet at least four times a year. No members shall receive any compensation, but members who are not state officials may receive actual and necessary expenses incurred in the performance of their duties. § 4. The article heading of article 17 of the executive law is amended to read as follows: VETERANS' [AFFAIRS] SERVICES § 5. Subdivisions 1 and 2 of section 350 of the executive law are amended to read as follows: 1. The term "division" means the division of veterans' [affairs] SERVICES. S. 1506--A 139 A. 2006--A 2. The term "state director" means the New York state director of veterans' [affairs] SERVICES. § 6. Section 351 of the executive law is amended to read as follows: § 351. Division of veterans' [affairs] SERVICES. There is hereby created in the executive department a division of veterans' [affairs] SERVICES. The head of such division shall be the New York state direc- tor of veterans' [affairs] SERVICES who shall be a veteran. He shall be appointed by the governor and shall hold office during his pleasure. Such state director shall receive an annual salary to be fixed by the governor within the limitation provided by law. He shall also be enti- tled to receive his expenses actually and necessarily incurred by him in the performance of his duties. The state director, with the approval of the governor, may establish such bureaus within the division as are necessary and appropriate to carrying out its functions and may consol- idate or abolish such bureaus. The state director may appoint such offi- cers, consultants, clerks and other employees and agents as he may deem necessary, fix their compensation within the limitation provided by law, and prescribe their duties. § 7. The section heading and subdivisions 1 and 5 of section 352 of the executive law, as amended by chapter 501 of the laws of 1993, are amended to read as follows: Veterans' [affairs] SERVICES commission. 1. There shall be in the division a veterans' [affairs] SERVICES commission, which shall consist of the members and the ex officio members provided for in this section. 5. The commission shall have power, and it shall be its duty, to assist the state director in the formulation of policies affecting veterans and in the coordination of all operations of state agencies relating to veterans' [affairs] SERVICES. § 8. Section 354-a of the executive law, as amended by section 95 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: § 354-a. Information on status of veterans receiving assistance. Departments, divisions, bureaus, boards, commissions and agencies of the state and political subdivisions thereof, which provide assistance, treatment, counseling, care, supervision or custody in service areas involving health, mental health, family services, criminal justice or employment, including but not limited to the office of alcoholism and substance abuse services, office of mental health, office of probation and correctional alternatives, office of children and family services, office of temporary and disability assistance, department of health, department of labor, local workforce investment boards, office for people with developmental disabilities, and department of corrections and community supervision, shall request assisted persons to provide information with regard to their veteran status and military experi- ences. Individuals identifying themselves as veterans shall be advised that the division of veterans' [affairs] SERVICES and local veterans' service agencies established pursuant to section three hundred fifty- seven of this article provide assistance to veterans regarding benefits under federal and state law. Information regarding veterans status and military service provided by assisted persons solely to implement this section shall be protected as personal confidential information under article six-A of the public officers law against disclosure of confiden- tial material, and used only to assist in the diagnosis, treatment, assessment and handling of the veteran's problems within the agency requesting such information and in referring the veteran to the division S. 1506--A 140 A. 2006--A of veterans' [affairs] SERVICES for information and assistance with regard to benefits and entitlements under federal and state law. § 9. Paragraph (b) of subdivision 1 of section 361-b of the executive law, as amended by chapter 515 of the laws of 2011, is amended to read as follows: (b) "Division" shall mean the state division of veterans' [affairs] SERVICES. § 10. Section 362 of the executive law, as amended by chapter 251 of the laws of 2004, is amended to read as follows: § 362. Creation of annuity. 1. Payment to veterans. a. Any veteran as defined in this article who has been or is hereafter classified by the New York State commission for the visually handicapped as a blind person as defined in section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen, as amended, and continues to be a blind person within the meaning of that section, shall, upon application to the director of the division of veterans' [affairs] SERVICES, be paid out of the treasury of the state for such term as such veteran shall be entitled thereto under the provisions of this article, the sum of one thousand dollars annually, plus any applicable annual adjustment, as provided in this section. b. The entitlement of any veteran to receive the annuity herein provided shall terminate upon his or her ceasing to continue to be a resident of and domiciled in the state, but such entitlement may be reinstated upon application to the director of veterans' [affairs] SERVICES, if such veteran shall thereafter resume his or her residence and domicile in the state. c. The effective date of an award of the annuity to a veteran shall be the date of receipt of the application therefor by the director of veterans' [affairs] SERVICES, except that if the application is denied but is granted at a later date upon an application for reconsideration based upon new evidence, the effective date of the award of the annuity to a veteran shall be the date of receipt of the application for recon- sideration by the director of veterans' [affairs] SERVICES. 2. Payment to widows and widowers of blind veterans. a. The unremar- ried spouse of a veteran who heretofore has died or the unremarried spouse of a veteran dying hereafter, such veteran being at the time of her or his death a recipient of, or eligible for, the benefits above provided, shall, upon application to the director of veterans' [affairs] SERVICES, also be paid out of the treasury of the state the sum of one thousand dollars annually, plus any applicable annual adjustment, for such term as such unremarried spouse shall be entitled thereto under the provisions of this article. b. The entitlement of any widow or widower to receive the annuity herein provided shall terminate upon her or his death or re-marriage or upon her or his ceasing to continue to be a resident of and domiciled in the state of New York, but such entitlement may be reinstated upon application to the director of veterans' [affairs] SERVICES, if such widow or widower shall thereafter resume her or his residence and domi- cile in the state. c. The effective date of an award of the annuity to a widow or widower shall be the day after the date of death of the veteran if the applica- tion therefor is received within one year from such date of death. If the application is received after the expiration of the first year following the date of the death of the veteran, the effective date of an award of the annuity to a widow or widower shall be the date of receipt of the application by the director of veterans' [affairs] SERVICES. If S. 1506--A 141 A. 2006--A an application is denied but is granted at a later date upon an applica- tion for reconsideration based upon new evidence, the effective date of the award of the annuity to a widow or widower shall be the date of receipt of the application for reconsideration by the director of veter- ans' [affairs] SERVICES. 3. Annual adjustment. Commencing in the year two thousand five, and for each year thereafter, the amount of any annuity payable under this section shall be the same amount as the annuity payable in the preceding year plus a percentage adjustment equal to the annual percentage increase, if any, for compensation and pension benefits administered by the United States Department of Veterans' Affairs in the previous year. Such percentage increase shall be rounded up to the next highest one- tenth of one percent and shall not be less than one percent nor more than four percent. Commencing in the year two thousand five, the direc- tor of veterans' [affairs] SERVICES, not later than February first of each year, shall publish by any reasonable means the amount of the annu- ity as adjusted payable under this section. § 10-a. Subdivisions 1 and 2 of section 363 of the executive law, subdivision 1 as added by chapter 424 of the laws of 1961, and subdivi- sion 2 as amended by chapter 1052 of the laws of 1971, are amended to read as follows: 1. The evidence of such service, blindness, residence and domicile, or of such marriage, widowhood, residence and domicile in each case shall be furnished in the manner and form prescribed by the director of veter- ans' [affairs] SERVICES who shall examine the same. 2. Upon being satisfied that such service was performed, that other facts and statements in the application of such veteran or widow are true and that the said veteran has been classified by the New York state commission for the visually handicapped as a blind person, where such veteran is not receiving or not entitled to receive a benefit from any existing retirement system to which the state is a contributor, unless such veteran shall have become disabled by reason of loss of sight, while engaged in employment entitling him to receive a benefit from any existing retirement system to which the state is a contributor, and as a result of such disability has retired from such employment and is receiving or is entitled to receive a benefit from such retirement system the director of veterans' [affairs] SERVICES shall certify to the state comptroller the name and address of such veteran or widow. § 10-b. Subdivisions 3 and 5 of section 364 of the executive law, subdivision 3 as added by chapter 424 of the laws of 1961, and subdivi- sion 5 as amended by chapter 115 of the laws of 1981, are amended to read as follows: 3. Where any veteran is disqualified for the annuity for any period solely by reason of the provisions of subdivision two of this section, the director of veterans' [affairs] SERVICES shall pay to his [wife] OR HER SPOUSE, if any, the annuity which such veteran would receive for that period but for said subdivision two. 5. Where payment of the annuity as hereinbefore authorized is to be made to a mentally incompetent person or a conservatee, such payment may be authorized by the director of veterans' [affairs] SERVICES of the state to be paid only to a duly qualified court-appointed committee or conservator, legally vested with the care of such incompetent's person or property or of such conservatee's property, except that in the case of an incompetent annuitant for whom a committee has not been appointed or a person under a substantial impairment [within the meaning of the conservatorship provisions of article seventy-seven of the mental S. 1506--A 142 A. 2006--A hygiene law] for whom a conservator has not been appointed and who is hospitalized in a United States veterans' administration hospital or in a hospital under the jurisdiction of the state of New York, the director of veterans' [affairs] SERVICES of the state may in his discretion certify payment of the annuity, as hereinbefore authorized, to the manager of such veterans' administration hospital or to the director of such state hospital for the account of the said incompetent or substan- tially impaired annuitant. § 11. The third undesignated paragraph of subdivision 1 and the open- ing paragraphs of paragraphs (a) and (b), paragraph (g), the opening paragraph and clause 6 of subparagraph (ii) of paragraph (h) of subdivi- sion 2 of section 365 of the executive law, as added by section 5 of part W of chapter 57 of the laws of 2013, are amended to read as follows: The legislature additionally finds and determines that it is therefore necessary to provide for the construction and establishment of one or more New York state veterans cemeteries, and that to thereafter, provide for the expansion, improvement, support, operation, maintenance and the provision of perpetual care of all such cemeteries so constructed and established. The legislature also finds and determines that it is appro- priate to have the responsibility for the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care for veterans cemeteries in this state, to be under the oversight and direction of the state division of veterans [affairs] SERVICES, and its director, individually, and as chair of the management board, for each such veterans cemetery so constructed and established. 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] VETERANS' cemetery. Such investigation and study shall include, but not be limited to: Prior to the commencement of the investigation and study pursuant to paragraph (a) of this subdivision, the director of the division of veterans' [affairs] SERVICES, the director of the division of the budg- et, the director of the department of state's division of cemeteries, and the office of the state comptroller must certify to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate finance committee and the chair of the assembly ways and means committee that the veterans remembrance and cemetery mainte- nance 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 cemetery 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' [affairs] 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: S. 1506--A 143 A. 2006--A (g) Nothing in this section shall be construed to authorize the divi- sion of veterans' [affairs] SERVICES to commence an investigation and study pursuant 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] VETERANS' cemetery pursuant to paragraph (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 seek- ing funds to support the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care of New York state's first [veterans] 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. Guidelines and standards for the request for proposals for any local government desiring to have the first state [veterans] VETERANS' ceme- tery located within its political subdivision, pursuant to paragraph (b) of this subdivision, including, but not limited to: (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' [affairs] 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 § 12. Subdivision 3 of section 369-d of the executive law, as added by chapter 557 of the laws of 2013, is amended to read as follows: 3. establish and maintain, together with the director of the division of veterans' [affairs] SERVICES, a program to educate separating service members as to the benefits available to veterans under this article. § 13. Paragraph (c) of subdivision 4 of section 369-i of the executive law, as added by chapter 22 of the laws of 2014, is amended to read as follows: (c) Evaluate and assess availability of firms for the purpose of increasing participation of such firms in state contracting in consulta- tion with relevant state entities including, but not limited to, the New York state division of veterans' [affairs] SERVICES. § 14. Subdivision 1 of section 643 of the executive law, as amended by section 107 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. As used in this section, "crime victim-related agency" means any agency of state government which provides services to or deals directly with crime victims, including (a) the office of children and family services, the office for the aging, the division of [veterans affairs] VETERANS' SERVICES, the office of probation and correctional alterna- tives, the department of corrections and community supervision, the office of victim services, the department of motor vehicles, the office of vocational rehabilitation, the workers' compensation board, the S. 1506--A 144 A. 2006--A department of health, the division of criminal justice services, the office of mental health, every transportation authority and the division of state police, and (b) any other agency so designated by the governor within ninety days of the effective date of this section. § 15. Subdivisions 3 and 4 of section 95-f of the state finance law, as added by chapter 266 of the laws of 2005, are amended to read as follows: 3. Monies of the fund shall be expended for the provision of veterans' counseling services provided by local veterans' service agencies pursu- ant to section three hundred fifty-seven of the executive law under the direction of the division of veterans' [affairs] SERVICES. 4. To the extent practicable, the director of the division of veter- ans' [affairs] SERVICES shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year. § 16. The opening paragraph of subdivision 2-a and subdivision 5 of section 97-mmmm of the state finance law, the opening paragraph of subdivision 2-a as amended by section 27-c of part UU of chapter 54 of the laws of 2016, and subdivision 5 as added by section 2 of part W of chapter 57 of the laws of 2013, are amended to read as follows: On or before the first day of February each year, the director of the New York state division of veterans' [affairs] SERVICES shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on veterans, homeland security and military affairs, chair of the assembly veterans' affairs committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: 5. Moneys shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the director of the division of [veterans affairs] VETERANS' SERVICES. § 17. Subdivision 1, the opening paragraph of subdivision 2-a and subdivisions 4 and 5 of section 99-v of the state finance law, subdivi- sions 1, 4 and 5 as added by chapter 428 of the laws of 2014, and the opening paragraph of subdivision 2-a as amended by section 27-d of part UU of chapter 54 of the laws of 2016, are amended to read as follows: 1. There is hereby established in the joint custody of the commission- er of taxation and finance, the New York state director of [veterans affairs] VETERANS' SERVICES and the comptroller, a special fund to be known as the "homeless veterans assistance fund". On or before the first day of February each year, the director of the New York state division of veterans' [affairs] SERVICES shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on veterans, homeland security and military affairs, chair of the assembly veterans' affairs committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: 4. Moneys of the fund shall be expended only for the assistance and care of homeless veterans, for housing and housing-related expenses, as determined by the division of [veterans affairs] VETERANS' SERVICES. 5. Moneys shall be paid out of the fund on the audit and warrant of the comptroller on vouchers approved and certified by the New York state director of [veterans affairs] VETERANS' SERVICES. Any interest S. 1506--A 145 A. 2006--A received by the comptroller on moneys on deposit in the homeless veter- ans assistance fund shall be retained in and become part of such fund. § 18. Subdivision 1 of section 168 of the labor law, as amended by section 117 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. This section shall apply to all persons employed by the state in the ward, cottage, colony, kitchen and dining room, and guard service personnel in any hospital, school, prison, reformatory or other institu- tion within or subject to the jurisdiction, supervision, control or visitation of the department of corrections and community supervision, the department of health, the department of mental hygiene, the depart- ment of social welfare or the division of veterans' [affairs] SERVICES in the executive department, and engaged in the performance of such duties as nursing, guarding or attending the inmates, patients, wards or other persons kept or housed in such institutions, or in protecting and guarding the buildings and/or grounds thereof, or in preparing or serv- ing food therein. § 19. Subdivision 3 of section 404-v of the vehicle and traffic law, as amended by chapter 266 of the laws of 2005, is amended to read as follows: 3. A distinctive plate issued pursuant to this section shall be issued in the same manner as other number plates upon the payment of the regu- lar registration fee prescribed by section four hundred one of this article, provided, however, that an additional annual service charge of fifteen dollars shall be charged for such plate. Such annual service charge shall be deposited to the credit of the Eighth Air Force Histor- ical Society fund established pursuant to section ninety-five-f of the state finance law and shall be used for veterans' counseling services provided by local veterans' service agencies pursuant to section three hundred fifty-seven of the executive law under the direction of the division of veterans' [affairs] SERVICES. Provided, however, that one year after the effective date of this section funds in the amount of five thousand dollars, or so much thereof as may be available, shall be allocated to the department to offset costs associated with the production of such license plates. § 20. Subdivision 3 of section 11-0707 of the environmental conserva- tion law, as amended by section 92 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 3. Any person who is a patient at any facility in this state main- tained by the United States Veterans' Administration or at any hospital or sanitorium for treatment of tuberculosis maintained by the state or any municipal corporation thereof or resident patient at any institution of the department of Mental Hygiene, or resident patient at the rehabil- itation hospital of the department of Health, or at any rest camp main- tained by the state through the Division of Veterans' [Affairs] SERVICES in the Executive Department or any inmate of a conservation work camp within the youth rehabilitation facility of the department of corrections and community supervision, or any inmate of a youth opportu- nity or youth rehabilitation center within the Office of Children and Family Services, any resident of a nursing home or residential health care facility as defined in subdivisions two and three of section twen- ty-eight hundred one of the public health law, or any staff member or volunteer accompanying or assisting one or more residents of such nurs- ing home or residential health care facility on an outing authorized by the administrator of such nursing home or residential health care facil- ity may take fish as if he held a fishing license, except that he may S. 1506--A 146 A. 2006--A not take bait fish by net or trap, if he has on his person an authori- zation upon a form furnished by the department containing such identify- ing information and data as may be required by it, and signed by the superintendent or other head of such facility, institution, hospital, sanitarium, nursing home, residential health care facility or rest camp, as the case may be, or by a staff physician thereat duly authorized so to do by the superintendent or other head thereof. Such authorization with respect to inmates of said conservation work camps shall be limited to areas under the care, custody and control of the department. § 21. Subdivision 5 of section 2805-b of the public health law, as amended by chapter 64 of the laws of 2016, is amended to read as follows: 5. The staff of a general hospital shall: (a) inquire whether or not the person admitted has served in the United States armed forces. Such information shall be listed on the admissions form; (b) notify any admittee who is a veteran of the possible availability of services at a hospital operated by the veterans administration, and, upon request by the admittee, such staff shall make arrangements for the individual's transfer to a veterans administration operated hospital, provided, however, that transfers shall be authorized only after it has been determined, according to accepted clinical and medical standards, that the patient's condition has stabilized and transfer can be accomplished safely and without complication; and (c) provide any admittee who has served in the United States armed forces with a copy of the "Information for Veterans concerning Health Care Options" fact sheet, maintained by the division of veterans' [affairs] SERVICES pursuant to subdivision twenty-three of section three hundred fifty-three of the executive law prior to discharging or transferring the patient. The commissioner shall promulgate rules and regulations for notifying such admittees of possi- ble available services and for arranging a requested transfer. § 22. Subdivisions 2 and 3 of section 2805-o of the public health law, subdivision 2 as amended by chapter 95 of the laws of 2004, and subdivi- sion 3 as added by chapter 158 of the laws of 1993, are amended to read as follows: 2. Every nursing home and residential health care facility shall in writing advise all individuals identifying themselves as veterans or spouses of veterans that the division of veterans' [affairs] SERVICES and local veterans' service agencies established pursuant to section three hundred fifty-seven of the executive law to provide assistance to veterans and their spouses regarding benefits under federal and state law. Such written information shall include the name, address and tele- phone number of the New York state division of veterans' [affairs] SERVICES, the nearest division of veterans' [affairs] SERVICES office, the nearest county or city veterans' service agency and the nearest accredited veterans' service officer. 3. Every nursing home and residential health care facility, upon request of individuals identifying themselves as veterans or spouses of veterans, shall transmit such veteran status information to the division of veterans' [affairs] SERVICES. § 23. Subdivision 2 of section 3802 of the public health law, as added by chapter 1135 of the laws of 1971, is amended to read as follows: 2. In the exercise of the foregoing powers and duties the commissioner shall consult with the director of the division of veterans' [affairs] SERVICES and the heads of state agencies charged with responsibility for manpower and health resources. S. 1506--A 147 A. 2006--A § 24. Subdivision 3 of section 3803 of the public health law, as amended by chapter 743 of the laws of 2006, is amended to read as follows: 3. In exercising any of his or her powers under this section, the commissioner shall consult with appropriate health care professionals, providers, veterans or organizations representing them, the division of veterans' [affairs] SERVICES, the federal department of veterans' affairs and the United States defense department. § 25. Section 99-v of the general municipal law, as added by chapter 16 of the laws of 2011, is amended to read as follows: § 99-v. Veterans [affairs] SERVICES; display of events. Each county, city, town or village may adopt a local law to provide a bulletin board to be conspicuously displayed in such county, city, town or village building holding its local legislative body or municipal offices. Such bulletin board shall be used by veterans organizations, the New York state division of veterans' [affairs] SERVICES, the county veterans service agency or city veterans service agency to display information regarding veterans in such county, city, town or village. Such informa- tion may include, but not be limited to, benefits or upcoming veterans related events in the community. § 26. Subdivision 1-b of section 247 of the military law, as added by chapter 477 of the laws of 2013, is amended to read as follows: 1-b. The adjutant general is hereby authorized to present in the name of the legislature of the state of New York, a certificate, to be known as the "Cold War Certificate", bearing a suitable inscription, to any person: (i) who is a citizen of the state of New York or (ii) who was a citizen of the state of New York while serving in the armed forces of the United States; (iii) who served in the United States Armed Forces during the period of time from September second, nineteen hundred forty-five through December twenty-sixth, nineteen hundred ninety-one, commonly known as the Cold War Era; and (iv) who was honorably discharged or released under honorable circumstances during the Cold War Era. Not more than one Cold War Certificate shall be awarded or presented, under the provisions of this subdivision, to any person whose entire service subsequent to the time of the receipt of such medal shall not have been honorable. In the event of the death of any person during or subsequent to the receipt of such certificate it shall be presented to such representative of the deceased as may be designated. The adju- tant general, in consultation with the director of the division of veterans' [affairs] SERVICES, shall make such rules and regulations as may be deemed necessary for the proper presentation and distribution of the certificate. § 27. Subdivision 3 of section 14-a of the domestic relations law, as amended by chapter 297 of the laws of 1963, is amended to read as follows: 3. No fee shall be charged for any certificate when required by the veterans administration or by the division of veterans' [affairs] SERVICES of the state of New York to be used in determining the eligi- bility of any person to participate in the benefits made available by the veterans administration or by the state of New York. § 28. Subdivision 1 of section 19 of the domestic relations law, as amended by chapter 674 of the laws of 1985, is amended to read as follows: 1. Each town and city clerk hereby empowered to issue marriage licenses shall keep a book supplied by the state department of health in which such clerk shall record and index such information as is required S. 1506--A 148 A. 2006--A therein, which book shall be kept and preserved as a part of the public records of his office. Whenever an application is made for a search of such records the city or town clerk, excepting the city clerk of the city of New York, may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of five dollars for a search of one year and a further fee of one dollar for the second year for which such search is requested and fifty cents for each additional year thereafter, which fees shall be paid in advance of such search. Whenever an application is made for a search of such records in the city of New York, the city clerk of the city of New York may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of five dollars for a search of one year and a further fee of one dollar for the second year for which search is requested and fifty cents each additional year thereafter. Notwithstanding any other provision of this article, no fee shall be charged for any search or certificate when required by the veterans administration or by the divi- sion of veterans' [affairs] SERVICES of the state of New York to be used in determining the eligibility of any person to participate in the bene- fits made available by the veterans administration or by the state of New York. All such affidavits, statements and consents, immediately upon the taking or receiving of the same by the town or city clerk, shall be recorded and indexed as provided herein and shall be public records and open to public inspection whenever the same may be necessary or required for judicial or other proper purposes. At such times as the commissioner shall direct, the said town or city clerk, excepting the city clerk of the city of New York, shall file in the office of the state department of health the original of each affidavit, statement, consent, order of a justice or judge authorizing immediate solemnization of marriage, license and certificate, filed with or made before such clerk during the preceding month. Such clerk shall not be required to file any of said documents with the state department of health until the license is returned with the certificate showing that the marriage to which they refer has been actually performed. The county clerks of the counties comprising the city of New York shall cause all original applications and original licenses with the marriage solemnization statements thereon heretofore filed with each, and all papers and records and binders relating to such original docu- ments pertaining to marriage licenses issued by said city clerk, in their custody and possession to be removed, transferred, and delivered to the borough offices of the city clerk in each of said counties. § 29. Subdivision 1 of section 3308 of the education law, as added by section 1 of part A of chapter 328 of the laws of 2014, is amended to read as follows: 1. Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local educational agencies and military instal- lations concerning the state's participation in, and compliance with, this compact and interstate commission activities. In New York, the state council shall include the commissioner or his or her designee, the director of the New York state division of veterans' [affairs] SERVICES or his or her designee, the adjutant general of the state of New York or his or her designee, a superintendent of a school district with a high concentration of military children appointed by the commissioner, a district superintendent of schools of a board of cooperative educational services serving an area with a high concentration of military children appointed by the commissioner, a representative from a military instal- S. 1506--A 149 A. 2006--A lation appointed by the governor, a representative of military families appointed by the governor, a public member appointed by the governor and one representative each appointed by the speaker of the assembly, the temporary president of the senate and the governor. § 30. Subdivision 1 of section 6505-c of the education law, as added by chapter 106 of the laws of 2003, is amended to read as follows: 1. The commissioner shall develop, jointly with the director of the division of veterans' [affairs] SERVICES, a program to facilitate artic- ulation between participation in the military service of the United States or the military service of the state and admission to practice of a profession. The commissioner and the director shall identify, review and evaluate professional training programs offered through either the military service of the United States or the military service of the state which may, where applicable, be accepted by the department as equivalent education and training in lieu of all or part of an approved program. Particular emphasis shall be placed on the identification of military programs which have previously been deemed acceptable by the department as equivalent education and training, programs which may provide, where applicable, equivalent education and training for those professions which are critical to public health and safety and programs which may provide, where applicable, equivalent education and training for those professions for which shortages exist in the state of New York. § 31. Paragraph 5 of subdivision (b) of section 5.06 of the mental hygiene law, as added by section 2 of part N of chapter 56 of the laws of 2012, is amended to read as follows: (5) one member appointed on the recommendation of the state director of the division of veterans' [affairs] SERVICES and one member appointed on the recommendation of the adjutant general of the division of mili- tary and naval affairs, at least one of whom shall be a current or former consumer of mental health services or substance use disorder services who is a veteran who has served in a combat theater or combat zone of operations and is a member of a veterans organization; § 31-a. Subdivision (i) of section 19.07 of the mental hygiene law, as added by chapter 358 of the laws of 2013, is amended to read as follows: (i) The office of alcoholism and substance abuse services shall peri- odically, in consultation with the state director of veterans' [affairs] SERVICES: (1) review the programs operated by the office to ensure that the needs of the state's veterans who served in the U.S. armed forces and who are recovering from alcohol and/or substance abuse are being met and to develop improvements to programs to meet such needs; and (2) in collaboration with the state director of veterans' [affairs] SERVICES and the commissioner of the office of mental health, review and make recommendations to improve programs that provide treatment, rehabili- tation, relapse prevention, and recovery services to veterans who have served in a combat theatre or combat zone of operations and have a co-occurring mental health and alcoholism or substance abuse disorder. § 31-b. Subdivision 15 of section 202 of the elder law, as amended by chapter 455 of the laws of 2016, is amended to read as follows: 15. to periodically, in consultation with the state director of veter- ans' [affairs] SERVICES, review the programs operated by the office to ensure that the needs of the state's aging veteran population are being met and to develop improvements to programs to meet such needs; and § 32. Paragraph (j) of subdivision 3 of section 20 of the social services law, as added by chapter 407 of the laws of 2016, is amended to read as follows: S. 1506--A 150 A. 2006--A (j) to ensure the provision, on any form required to be completed at application or recertification for the purpose of obtaining financial assistance pursuant to this chapter, the form shall contain a check-off question asking whether the applicant or recipient or a member of his or her family served in the United States military, and an option to answer in the affirmative. Where the applicant or recipient answers in the affirmative to such question, the office of temporary and disability assistance shall ensure that contact information for the state division of veterans' [affairs] SERVICES is provided to such applicant or recipi- ent, in addition to any other materials provided. § 33. Paragraph (g) of section 202 of the not-for-profit corporation law, as added by chapter 407 of the laws of 2016, is amended to read as follows: (g) Every corporation receiving any kind of state funding shall ensure the provision on any form required to be completed at application or recertification for the purpose of obtaining financial assistance pursu- ant to this chapter, that the application form shall contain a check-off question asking whether the applicant or recipient or a member of his or her family served in the United States military, and an option to answer in the affirmative. Where the applicant or recipient answers in the affirmative to such question, the not-for-profit corporation shall ensure that contact information for the state division of veterans' [affairs] SERVICES is provided to such applicant or recipient in addi- tion to any other materials provided. § 34. Paragraph (b) of section 1401 of the not-for-profit corporation law, as amended by chapter 675 of the laws of 2004, is amended to read as follows: (b) Removal of remains from private cemeteries to other cemeteries. The supervisor of any town containing a private cemetery may remove any body interred in such cemetery to any other cemetery within the town, if the owners of such cemeteries and the next of kin of the deceased consent to such removal. The owners of a private cemetery may remove the bodies interred therein to any other cemetery within such town, or to any cemetery designated by the next of kin of the deceased. Notice of such removal shall be given within twenty days before such removal personally or by certified mail to the next of kin of the deceased if known and to the clerk and historian of the county in which such real property is situated and notice shall be given to the New York state department of state, division of cemeteries. If any of the deceased are known to be veterans, the owners shall also notify the division of veterans' [affairs] SERVICES. In the absence of the next of kin, the county clerk, county historian or the division of veterans' [affairs] SERVICES may act as a guardian to ensure proper reburial. § 35. Subdivision 10 of section 458 of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 10. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the S. 1506--A 151 A. 2006--A division of veterans' [affairs] SERVICES and the office of real property tax services. § 36. Subdivision 9 of section 458-a of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 9. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. § 37. Subdivision 8 of section 458-b of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 8. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. § 38. Subdivision 1 of section 20 of chapter 784 of the laws of 1951, constituting the New York state defense emergency act of 1951, as amended by section 85 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 1. There is hereby continued in the division of military and naval affairs in the executive department a state civil defense commission to consist of the same members as the members of the disaster preparedness commission as established in article two-B of the executive law. In addition, the superintendent of financial services, the chairman of the workers' compensation board and the director of the division of veter- ans' [affairs] SERVICES shall be members. The governor shall designate one of the members of the commission to be the chairman thereof. The commission may provide for its division into subcommittees and for action by such subcommittees with the same force and effect as action by the full commission. The members of the commission, except for those who serve ex officio, shall be allowed their actual and necessary expenses incurred in the performance of their duties under this article but shall receive no additional compensation for services rendered pursuant to this article. § 39. Paragraph 2 of subdivision b of section 31-102 of the adminis- trative code of the city of New York, as added by local law number 113 of the city of New York for the year 2015, is amended to read as follows: 2. links to websites describing veteran employment services provided by the federal government and New York state government, including, but not limited to, the websites of the United States department of labor, S. 1506--A 152 A. 2006--A the New York state department of labor, the United States department of veterans affairs, and the New York state division of veterans' [affairs] SERVICES; and § 40. Subdivision a of section 3102 of the New York city charter, as added by local law number 113 of the city of New York for the year 2015, is amended to read as follows: a. Except as otherwise provided by law, the commissioner shall have such powers as provided by the director of the state veterans' service agency and shall have the duty to inform military and naval authorities of the United States and assist members of the armed forces and veter- ans, who are residents of the city, and their families, in relation to: (1) matters pertaining to educational training and retraining services and facilities, (2) health, medical and rehabilitation service and facilities, (3) provisions of federal, state and local laws and regu- lations affording special rights and privileges to members of the armed forces and veterans and their families, (4) employment and re-employment services, and (5) other matters of similar, related or appropriate nature. The commissioner shall also assist families of members of the reserve components of the armed forces and the organized militia ordered into active duty to ensure that they are made aware of and are receiving all appropriate support available to them. The department also shall perform such other duties as may be assigned by the state director of the division of veterans' [affairs] SERVICES. § 41. The section heading and subdivision 1 of section 352 of the executive law, as amended by chapter 501 of the laws of 1993, are amended to read as follows: Veterans' [affairs] SERVICES commission. 1. There shall be in the division a veterans' [affairs] SERVICES commission, which shall consist of the members and the ex officio members provided for in this section. § 42. Subdivision 1 of section 359 of the executive law, as amended by chapter 196 of the laws of 2009, is amended to read as follows: 1. A local director shall designate the location of the local and branch offices of the local veterans' service agency within his juris- diction, which offices shall be open during convenient hours. The cost of maintenance and operation of a county veterans' service agency shall be a county charge and the cost of maintenance and operation of a city veterans' service agency shall be a city charge, excepting that the state director with the approval of the veterans' [affairs] SERVICES commission shall allot and pay, from state moneys made available to him for such purposes, to each county veterans' service agency and each city veterans' service agency, an amount equal to fifty per centum of its expenditures for maintenance and operation approved by the state direc- tor, provided that in no event shall the amount allotted and paid for such approved expenditures incurred in any given year exceed (1) in the case of any county veterans' service agency in a county having a popu- lation of not more than one hundred thousand or in the case of any city veterans' service agency in a city having a population of not more than one hundred thousand, the sum of ten thousand dollars, nor (2) in the case of any county veterans' service agency in a county having a popu- lation in excess of one hundred thousand excluding the population of any city therein which has a city veterans' service agency, the sum of ten thousand dollars, and, in addition thereto, the sum of five thousand dollars for each one hundred thousand, or major portion thereof, of the population of the county in excess of one hundred thousand excluding the population of any city therein which has a city veterans' service agen- cy, nor (3) in the case of any city veterans' service agency in a city S. 1506--A 153 A. 2006--A having a population in excess of one hundred thousand, the sum of ten thousand dollars, and, in addition thereto, the sum of five thousand dollars for each one hundred thousand, or major portion thereof, of the population of the city in excess of one hundred thousand. Such popu- lation shall be certified in the same manner as provided by section fifty-four of the state finance law. § 43. Terms occurring in laws, contracts and other documents. Whenev- er the functions, powers, obligations, duties and officials relating to the division of veterans' affairs, the veterans' affairs commission or the director of veterans' affairs is referred to or designated in any other law, regulation, contract or document, such reference or desig- nation shall be deemed to refer to the appropriate functions, powers, obligations, duties, officials and director of the division of veterans' services or the veterans' services commission, as designated by this act. § 44. Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act. § 45. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 46. This act shall take effect immediately; provided, however, that the amendments to paragraph (c) of subdivision 4 of section 369-i of the executive law made by section thirteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through AA of this act shall be as specifically set forth in the last section of such Parts.
2019-S1506B - Details
- See Assembly Version of this Bill:
- A2006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S1506B - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2019-2020 state fiscal year; relates to residency requirements for the purpose of qualifying for certain scholarships and financial assistance for higher education; and repeals section 609-a of the education law as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed by legislative bill numbers S.1250 and A.782 (Part D); relates to the arts capital grants fund (Part F)
2019-S1506B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1506--B I N S E N A T E January 18, 2019 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to school districts submission of a contract for excellence, and in relation to establish- ing regional STEM magnet schools; to amend the education law, in relation to supplemental public excess cost aid; to amend the educa- tion law, in relation to high tax aid; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; to amend the education law, in relation to school safety plans; to amend the education law, in relation to including healthy relationships in health education; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2019-2020 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker educa- tion in New York city, in relation to withholding a portion of employ- ment preparation education aid and in relation to the effectiveness thereof; to amend chapter 82 of the laws of 1995, amending the educa- tion law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the 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 implemen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-04-9 S. 1506--B 2 tation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend chapter 91 of the laws of 2002, amend- ing the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effectiveness thereof; to amend chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, in relation to the effectiveness thereof; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effectiveness thereof; to amend chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; to amend chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to certain apportionments; to amend chapter 670 of the laws of 2007 amending the education law relating to directing the commissioner of education to promulgate regulations limiting the engines of school vehicles to remain idling while parked or standing on school grounds, in relation to the effectiveness thereof; to amend chapter 396 of the laws of 2012 amending the education law, relating to services to out- of-state school districts by boards of cooperative educational services, in relation to extending the provisions thereof; to amend chapter 371 of the laws of 2014 amending the education law relating to the leasing of real property by boards of cooperative educational services, in relation to the effectiveness thereof; to amend chapter 89 of the laws of 2016 relating to supplementary funding for dedicated programs for public school students in the East Ramapo central school district, in relation to the effectiveness thereof; in relation to school bus driver training; in relation to special apportionment for salary expenses and public pension accruals; in relation to the city school district of the city of Rochester; in relation to total founda- tion aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2019-2020 school year; in relation to the support of public libraries; and to repeal section 3614 of the education law relating to a statement of the total funding allocation (Part A); to amend the education law, in relation to community schools aid set-aside; the apportionment of public aid to certain school districts; academic enhancement aid; foundation aid; supplemental education improvement grants; to ratify and validate certain school district building projects; to legalize, validate, ratify and confirm certain acts relating to transportation contracts; to amend the education law, in relation to state aid adjustments; providing for the increase of tuition rates; to amend the education law, in relation to increasing the limit of certain funding by the dormitory authority for financing of capital facilities for state-supported schools for blind and deaf students; to amend the education law, in relation to the effectiveness of provisions relating to BOCES intermediate districts; to amend the education law, in relation to the salary of certain teachers providing instruction in career and technical education to school age students; to amend the education law, in relation to aid for career education; to amend the education law, in relation to contracts for the transportation of S. 1506--B 3 school children; to amend the education law, in relation to the amount of the supplemental basic tuition for charter schools; to amend the general municipal law, in relation to allowing certain school districts and boards of cooperative educational services to establish a retirement contribution reserve fund for the purposes of the New York state teachers' retirement system; to amend the education law, in relation to building condition surveys; to amend the education law, in relation to building aid for approved expenditures for debt service for tax certiorari financing; and to amend chapter 437 of the laws of 2014, amending the education law relating to removing the requirement for annual visual inspections of school buildings, in relation to the effectiveness thereof (Part A-1); to amend the education law, the business corporation law, the partnership law and the limited liabil- ity company law, in relation to certified public accountants (Part B); to amend the education law, in relation to authorizing school bus stop cameras; and to amend the vehicle and traffic law, in relation to owner liability for operator illegally overtaking or passing a school bus and increasing fines for passing a stopped school bus (Part C); intentionally omitted (Part D); intentionally omitted (Part E); to amend the state finance law, in relation to the arts capital grants fund (Part F); to utilize reserves in the mortgage insurance fund for various housing purposes (Part G); intentionally omitted (Part H); to amend the social services law, in relation to federally required back- ground clearances for persons working in residential foster care programs (Part I); to amend the social services law, in relation to residential programs for domestic violence victims; and repealing certain provisions of such law relating thereto (Part J); to amend the family court act, the social services law and the executive law, in relation to persons in need of supervision; and to repeal certain provisions of the family court act and the executive law relating thereto (Part K); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part L); intentionally omitted (Subpart A); and to amend part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Subpart B) (Part M); intentionally omitted (Part N); to amend the lien law, in relation to employee liens; to amend the labor law, in relation to employee complaints; to amend the civil practice law and rules, in relation to grounds for attachment; to amend the business corporation law, in relation to streamlining procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; and to amend the limited liability company law, in relation to creating a right for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft (Subpart A); and to amend the criminal procedure law and the penal law, in relation to wage theft (Subpart B) (Part O); to amend the labor law, in relation to amending unemployment insurance benefits for earnings disregard (Part P); to amend the executive law, in relation to prohibiting wage or salary history inquiries; and to amend the labor law, in relation to the prohibition of a differential rate of pay on the basis of protected class status (Part Q); inten- tionally omitted (Part R); to amend the executive law, in relation to expanding the scope of unlawful discriminatory practices to include public educational institutions (Part S); intentionally omitted (Part S. 1506--B 4 T); intentionally omitted (Part U); intentionally omitted (Part V); to amend the general business law, in relation to enacting the pension poaching prevention act (Part W); to amend the executive law, in relation to amending the definition of pregnancy-related condition (Part X); intentionally omitted (Part Y); intentionally omitted (Part Z); to amend the election law, the executive law, the state finance law, the labor law, the vehicle and traffic law, the environmental conservation law, the public health law, the general municipal law, the military law, the domestic relations law, the education law, the mental hygiene law, the elder law, the social services law, the not- for-profit corporation law, the real property tax law, chapter 784 of the laws of 1951, constituting the New York state defense emergency act of 1951, the administrative code of the city of New York, and the New York city charter, in relation to changing the name of the New York state division of veterans' affairs to the New York state divi- sion of veterans' services; and to amend the executive law, in relation to changing the name of the veterans' affairs commission to the veterans' services commission (Part AA); to amend the education law, in relation to increasing the minimum tuition assistance program award and increasing the tuition assistance program income threshold (Part BB); to amend the education law, in relation to requiring health care practitioners to provide and the state education department to collect information about the practice of their professions and in relation to providing practitioners with information on enrolling in the New York state donate life registry for organ, eye and tissue donations (Part CC); authorizing the State University of New York at Albany to enter into certain leases and contracts (Part DD); to amend the general business law, in relation to permitting certain audiolo- gists and hearing aid dispensers to dispense hearing aids for a profit (Part EE); to amend the labor law, in relation to hours, wages and supplements in contracts for public work (Part FF); to amend the public authorities law, in relation to certain contracts of the New York city school construction authority; and to amend chapter 738 of the laws of 1988, amending the administrative code of the city of New York, the public authorities law and other laws relating to establish- ing the New York city school construction authority, in relation to extending certain provisions of such chapter relating to certain contracts of the New York city school construction authority (Part GG); to amend the labor law, in relation to enacting the "New York state YouthBuild act"; setting program requirements; authorizing the commissioner of labor to make grants to eligible YouthBuild programs and to establish application requirements; and expanding the number of YouthBuild programs in New York state (Part HH); and to amend the labor law, in relation to prevailing wage requirements for covered development projects (Part II) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2019-2020 state fiscal year. Each component is wholly contained within a Part identified as Parts A through II. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, S. 1506--B 5 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 education law, as amended by section 1 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school S. 1506--B 6 district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand fifteen school year; and provided further that a school district that submitted a contract for excellence for the two thousand fifteen--two thousand sixteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand sixteen--two thou- sand seventeen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand fifteen--two thousand sixteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand sixteen--two thousand seventeen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand seventeen--two thousand eighteen school year which shall, notwithstand- ing the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand sixteen--two thousand seventeen school year; and provided further that a school district that submitted a contract for excellence for the two thousand seventeen--two thousand eighteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand eighteen--two thousand nineteen school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand seven- teen--two thousand eighteen school year; AND PROVIDED FURTHER THAT NO SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THER- EAFTER. 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. S. 1506--B 7 § 2. Intentionally omitted. § 2-a. Section 3614 of the education law is REPEALED. § 3. Intentionally omitted. § 4. Intentionally omitted. § 5. Intentionally omitted. § 5-a. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: (ii) Phase-in foundation increase factor. For the two thousand eleven--two thousand twelve school year, the phase-in foundation increase factor shall equal thirty-seven and one-half percent (0.375) and the phase-in due minimum percent shall equal nineteen and forty-one hundredths percent (0.1941), for the two thousand twelve--two thousand thirteen school year the phase-in foundation increase factor shall equal one and seven-tenths percent (0.017), for the two thousand thirteen--two thousand fourteen school year the phase-in foundation increase factor shall equal (1) for a city school district in a city having a population of one million or more, five and twenty-three hundredths percent (0.0523) or (2) for all other school districts zero percent, for the two thousand fourteen--two thousand fifteen school year the phase-in founda- tion increase factor shall equal (1) for a city school district of a city having a population of one million or more, four and thirty-two hundredths percent (0.0432) or (2) for a school district other than a city school district having a population of one million or more for which (A) the quotient of the positive difference of the foundation formula aid minus the foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by the foundation formula aid is greater than twenty-two percent (0.22) and (B) a combined wealth ratio less than thirty-five hundredths (0.35), seven percent (0.07) or (3) for all other school districts, four and thirty-one hundredths percent (0.0431), and for the two thousand fifteen--two thousand sixteen school year the phase-in foundation increase factor shall equal: (1) for a city school district of a city having a population of one million or more, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected foundation aid is greater than nineteen percent (0.19), and where the district's combined wealth ratio is less than thirty-three hundredths (0.33), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty-one thousandths percent (0.04751); or (6) for all other S. 1506--B 8 districts one percent (0.01), and for the two thousand sixteen--two thousand seventeen school year the foundation aid phase-in increase factor shall equal for an eligible school district the greater of: (1) for a city school district in a city with a population of one million or more, seven and seven hundred eighty four thousandths percent (0.07784); or (2) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million as of the most recent federal decennial census, seven and three hundredths percent (0.0703); or (3) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thou- sand as of the most recent federal decennial census, six and seventy-two hundredths percent (0.0672); or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thousand as of the most recent federal decennial census, six and seventy-four hundredths percent (0.0674); or (5) for a city school district in a city with a population of more than one hundred twenty- five thousand but less than one hundred fifty thousand as of the most recent federal decennial census, nine and fifty-five hundredths percent (0.0955); or (6) for school districts that were designated as small city school districts or central school districts whose boundaries include a portion of a small city for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5" with a combined wealth ratio less than one and four tenths (1.4), nine percent (0.09), provided, however, that for such districts that are also districts designated as high need urban-suburban pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", nine and seven hundred and nineteen thousandths percent (0.09719); or (7) for school districts designated as high need rural pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for school districts designated as high need urban-suburban pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thou- sand eight school year and entitled "SA0708", seven hundred nineteen thousandths percent (0.00719); or (9) for all other eligible school districts, forty-seven hundredths percent (0.0047), provided further that for the two thousand seventeen--two thousand eighteen school year the foundation aid increase phase-in factor shall equal (1) for school districts with a census 2000 poverty rate computed pursuant to paragraph q of subdivision one of this section equal to or greater than twenty-six percent (0.26), ten and three-tenths percent (0.103), or (2) for a school district in a city with a population in excess of one million or more, seventeen and seventy-seven one-hundredths percent (0.1777), or (3) for a city school district in a city with a population of more than two hundred fifty thousand but less than one million, as of the most recent decennial census, twelve and sixty-nine hundredths percent (0.1269) or (4) for a city school district in a city with a population of more than one hundred fifty thousand but less than two hundred thou- sand, as of the most recent federal decennial census, ten and seventy- S. 1506--B 9 eight one hundredths percent (0.1078), or (5) for a city school district in a city with a population of more than one hundred twenty-five thou- sand but less than one hundred fifty thousand as of the most recent federal decennial census, nineteen and one hundred eight one-thousandths percent (0.19108), or (6) for a city school district in a city with a population of more than two hundred thousand but less than two hundred fifty thousand as of the most recent federal decennial census, ten and six-tenths percent (0.106), or (7) for all other districts, four and eighty-seven one-hundredths percent (0.0487), and for the two thousand [nineteen] TWENTY--two thousand [twenty] TWENTY-ONE school year [and thereafter the commissioner shall annually determine the phase-in foun- dation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein] THE FOUNDATION AID PHASE- IN INCREASE FACTOR SHALL BE THIRTY-THREE PERCENT (0.33), AND FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5), AND FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THER- EAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE ONE HUNDRED PERCENT (1.0). § 6. Paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: d. For the two thousand fourteen--two thousand fifteen through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years a city school district of a city having a population of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. § 7. Intentionally omitted. § 8. Intentionally omitted. § 9. Intentionally omitted. § 10. Intentionally omitted. § 11. Intentionally omitted. § 12. Intentionally omitted. § 13. Intentionally omitted. § 14. Intentionally omitted. § 14-a. Intentionally omitted. § 15. The education law is amended by adding a new article 39-A to read as follows: ARTICLE 39-A REGIONAL STEM MAGNET SCHOOLS SECTION 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS. § 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS. 1. A. A REGIONAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) MAGNET SCHOOL MAY BE ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO THIS SECTION FOR STUDENTS IN GRADES NINE THROUGH TWELVE, AND SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF EDUCATION. B. A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT TO THE COMMISSIONER A PROPOSED PLAN FOR THE OPERATION OF SUCH SCHOOL FOR HIS OR HER APPROVAL, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER. C. SUCH SCHOOL SHALL BE GOVERNED BY THE BOARD OF EDUCATION OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. D. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE RESPONSI- BILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING CURRICULUM, GRADING, AND STAFFING. S. 1506--B 10 E. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE SUCH SCHOOL. F. FOR PURPOSES OF THIS SECTION, THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES. G. STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE ENROLLED IN THEIR SCHOOL DISTRICT OF RESIDENCE, AND EACH SCHOOL DISTRICT OF RESI- DENCE SHALL BE RESPONSIBLE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO THEIR RESIDENT STUDENTS WHO ATTENDED THE SCHOOL BASED ON SUCH STUDENTS' SUCCESSFUL COMPLETION OF THE SCHOOL'S EDUCATIONAL PROGRAM. H. FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAP- TER, STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE TREATED AND COUNTED AS STUDENTS OF THEIR SCHOOL DISTRICT OF RESIDENCE. I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR PROVID- ING OR ARRANGING FOR TRANSPORTATION TO ITS RESIDENT STUDENTS ATTENDING SUCH SCHOOL, IN ACCORDANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION. J. ALL EMPLOYEES OF THE SCHOOL SHALL BE CONSIDERED EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. K. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO A LEASE WITH RESPECT TO SUITABLE LAND, CLASSROOMS, OFFICES OR BUILDINGS IN WHICH TO MAINTAIN AND CONDUCT SUCH SCHOOL PURSUANT TO SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. L. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH A METHODOLOGY FOR THE APPORTIONMENT OF OPERATIONAL AND ADMINISTRATIVE COSTS OF SUCH SCHOOL BETWEEN PARTICIPATING SCHOOL DISTRICTS; PROVIDED, HOWEVER, THAT NO COSTS SHALL BE APPORTIONED TO COMPONENT SCHOOL DISTRICTS THAT ELECT NOT TO PARTICIPATE IN SUCH SCHOOL. M. THE TRUSTEES OR BOARD OF EDUCATION OF A NON-COMPONENT SCHOOL DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH A BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PARTICIPATE IN SUCH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD OF EDUCATION AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY MUTUALLY AGREE, PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION COSTS OF SUCH PROGRAM, BUT PARTICIPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. N. A SCHOOL MAY BE JOINTLY OPERATED BY TWO BOARDS OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO AN INTERMUNICIPAL SHARING AGREEMENT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW. UPON ADOPTION OF A BUDGET FOR THE PROGRAM FOR A SCHOOL YEAR, COSTS SHALL BE ALLOCATED BETWEEN EACH BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES IN A MANNER PROVIDED IN THE INTERMUNICIPAL SHARING AGREEMENT AND INCLUDED IN THE BUDGETS OF EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICE. O. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. § 16. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 10 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: For the two thousand eight--two thousand nine school year, each school district shall be entitled to an apportionment equal to the product of fifteen percent and the additional apportionment computed pursuant to S. 1506--B 11 this subdivision for the two thousand seven--two thousand eight school year. For the two thousand nine--two thousand ten through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". § 17. Intentionally omitted. § 18. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 14 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: Each school district shall be eligible to receive a high tax aid apportionment in the two thousand eight--two thousand nine school year, which shall equal the greater of (i) the sum of the tier 1 high tax aid apportionment, the tier 2 high tax aid apportionment and the tier 3 high tax aid apportionment or (ii) the product of the apportionment received by the school district pursuant to this subdivision in the two thousand seven--two thousand eight school year, multiplied by the due-minimum factor, which shall equal, for districts with an alternate pupil wealth ratio computed pursuant to paragraph b of subdivision three of this section that is less than two, seventy percent (0.70), and for all other districts, fifty percent (0.50). Each school district shall be eligible to receive a high tax aid apportionment in the two thousand nine--two thousand ten through two thousand twelve--two thousand thirteen school years in the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910". Each school district shall be eligible to receive a high tax aid appor- tionment in the two thousand thirteen--two thousand fourteen through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school years equal to the greater of (1) the amount set forth for such school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". § 19. Subdivision 16 of section 3602-ee of the education law, as amended by section 19 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [nineteen] TWENTY-FOUR; provided that the program shall continue and remain in full effect. § 20. Intentionally omitted. § 21. Intentionally omitted. § 22. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 22 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. Such grants shall be awarded to school districts, within the limits of funds appropriated therefor, through a competitive process that takes S. 1506--B 12 into consideration the magnitude of any shortage of teachers in the school district, the number of teachers employed in the school district who hold temporary licenses to teach in the public schools of the state, the number of provisionally certified teachers, the fiscal capacity and geographic sparsity of the district, the number of new teachers the school district intends to hire in the coming school year and the number of summer in the city student internships proposed by an eligible school district, if applicable. Grants provided pursuant to this section shall be used only for the purposes enumerated in this section. Notwithstand- ing any other provision of law to the contrary, a city school district in a city having a population of one million or more inhabitants receiv- ing a grant pursuant to this section may use no more than eighty percent of such grant funds for any recruitment, retention and certification costs associated with transitional certification of teacher candidates for the school years two thousand one--two thousand two through two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY. § 23. Subdivision 6 of section 4402 of the education law, as amended by section 23 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [nineteen] TWENTY of the two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school year, be authorized to increase class sizes in special classes contain- ing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commis- sioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regu- lations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a population of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the appli- cable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certif- ication that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivision to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursuant to this subdivision, the commissioner shall be authorized to terminate such S. 1506--B 13 authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. § 24. Intentionally omitted. § 25. Intentionally omitted. § 26. Intentionally omitted. § 27. Intentionally omitted. § 28. Intentionally omitted. § 29. Intentionally omitted. § 30. Intentionally omitted. § 31. Intentionally omitted. § 32. Section 2801-a of the education law is amended by adding a new subdivision 10 to read as follows: 10. EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF SCHOOL PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE TO STUDENT MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL DISTRICT OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW ENFORCEMENT OR PUBLIC OR PRIVATE SECURITY PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS, SHALL ESTABLISH A WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING THAT IS DEVELOPED WITH STAKEHOLDER INPUT. SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL DEFINE THE RELATIONSHIP BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS, VISITORS, LAW ENFORCEMENT, AND PUBLIC OR PRIVATE SECURITY PERSONNEL. SUCH CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE CONSISTENT WITH THE CODE OF CONDUCT, DEFINE LAW ENFORCEMENT OR SECURITY PERSONNEL'S ROLES, RESPONSIBILITIES AND INVOLVEMENT WITHIN A SCHOOL AND CLEARLY DELEGATE THE ROLE OF SCHOOL DISCIPLINE TO THE SCHOOL ADMINISTRATION. SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE INCORPO- RATED INTO AND PUBLISHED AS PART OF THE DISTRICT SAFETY PLAN. § 33. The section heading of section 804 of the education law, as amended by chapter 390 of the laws of 2016, is amended and a new subdi- vision 7-a is added to read as follows: Health education regarding mental health, alcohol, drugs, tobacco abuse, AND HEALTHY RELATIONSHIPS and the prevention and detection of certain cancers. 7-A. (A) A HEALTHY RELATIONSHIPS EDUCATION INSTRUCTION PROGRAM SHALL BE INCLUDED WITHIN THE HEALTH EDUCATION PROVIDED TO ALL STUDENTS IN GRADES SIX THROUGH TWELVE. SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO AGE-APPROPRIATE, MEDICALLY ACCURATE INSTRUCTION TEACHING COMPREHENSIVE SEXUAL EDUCATION, SEXUAL HEALTH AND HEALTHY RELATIONSHIP PRACTICES. SUCH PROGRAM SHALL BE INCLUSIVE AND RESPECTFUL OF ALL PUPILS REGARDLESS OF RACE, ETHNICITY, GENDER, DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY AND INCLUDE, BUT NOT BE LIMITED TO: (I) IDENTIFICATION AND EXAMINATION OF IDEAS ABOUT HEALTHY RELATION- SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA; (II) SELF-ESTEEM AND SELF-WORTH; (III) FRIENDSHIP AND EMPATHY; (IV) A DEFINITION OF TEEN DATING VIOLENCE; (V) RECOGNITION OF WARNING SIGNS ESTABLISHED BY A DATING PARTNER; (VI) CHARACTERISTICS OF A HEALTHY RELATIONSHIP; (VII) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE; (VIII) SAFE USE OF TECHNOLOGY; (IX) A DISCUSSION OF LOCAL COMMUNITY RESOURCES FOR THOSE IN A TEEN DATING VIOLENCE RELATIONSHIP; (X) AN AGE-APPROPRIATE DEFINITION OF AFFIRMATIVE CONSENT CONSISTENT WITH THAT USED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER; (XI) AGE-APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH; S. 1506--B 14 (XII) AGE-APPROPRIATE INSTRUCTING TO IDENTIFY AND REPORT SEXUAL EXPLOITATION AND ABUSE; AND (XIII) INSTRUCTION TO IDENTIFY AND REPORT SEXUAL HARASSMENT. (B) THE EDUCATIONAL STANDARDS FOR SUCH PROGRAM SHALL BE ADDED TO THE HEALTH EDUCATION STANDARDS AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES AND BE DESIGNED TO EDUCATE STUDENTS ABOUT HEALTHY RELATIONSHIPS. PRIOR TO ADOPTING THE EDUCATION STANDARDS, THE COMMISSIONER SHALL ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE SCOPE AND SUBSTANCE OF THE STANDARDS. THE TASK FORCE SHALL: (I) SEEK THE RECOMMENDATIONS OF TEACHERS, SCHOOL ADMINISTRATORS, TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED SUBJECT AREAS; (II) SEEK THE RECOMMENDATIONS OF EXPERTS AND ORGANIZATIONS EXPERIENCED IN THE PROPOSED SUBJECT AREAS; AND (III) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES. (C) THE COMMISSIONER SHALL DEVELOP AGE-APPROPRIATE MODEL INSTRUCTIONAL RESOURCES FOR PARENTS AND EDUCATORS FOR POTENTIAL USE IN INSTRUCTING STUDENTS ABOUT PHYSICAL SELF-AWARENESS AND HEALTHY RELATIONSHIPS. SUCH RESOURCES SHALL BE DEVELOPED AFTER CONSULTATION WITH EXPERTS IN THE FIELD. (D) A WEBPAGE ON THE DEPARTMENT'S WEBSITE SHALL BE DEDICATED TO PROVIDING INFORMATION AND RESOURCES TO PARENTS, STUDENTS, TEACHERS AND SCHOOL DISTRICT OFFICIALS RELATED TO COMPREHENSIVE SEXUAL EDUCATION AND HEALTHY RELATIONSHIPS. (E) FOR THE PURPOSES OF THIS SECTION "AGE-APPROPRIATE" SHALL MEAN TOPICS, MESSAGES, AND TEACHING METHODS SUITABLE TO PARTICULAR AGE AND DEVELOPMENTAL LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND EXPERI- ENCE LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY ACCURATE" SHALL MEAN INFORMATION SUPPORTED BY PEER REVIEWED, EVIDENCE-BASED RESEARCH RECOGNIZED AS ACCURATE BY LEADING PROFESSIONAL ORGANIZATIONS AND AGENCIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSO- CIATION AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A SCHOOL DISTRICT SHALL PROVIDE REASONABLE NOTICE TO PARENTS AND GUARDIANS OF STUDENTS IN GRADES SIX THROUGH TWELVE THAT SUCH INSTRUCTION WILL BE GIVEN AND THE NATURE OF THE CURRICULUM. ANY PARENT OR GUARDIAN OF A STUDENT IN GRADES SIX THROUGH TWELVE MAY DIRECT THE REMOVAL OF THE STUDENT FROM THE COMPREHENSIVE SEXUAL EDUCATION AND SEXUAL HEALTH PORTIONS OF SUCH INSTRUCTION UPON WRITTEN NOTICE TO THE SCHOOL DISTRICT. § 34. Intentionally omitted. § 35. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 25 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section for the 2016--2017 school year shall not exceed 60.3 percent of the lesser of such approvable costs per contact hour or thir- teen dollars ninety cents per contact hour, reimbursement for the 2017- -2018 school year shall not exceed 60.4 percent of the lesser of such approvable costs per contact hour or thirteen dollars and ninety cents per contact hour, [and] reimbursement for the 2018--2019 school year shall not exceed 59.4 percent of the lesser of such approvable costs per contact hour or fourteen dollars and ninety-five cents per contact hour, S. 1506--B 15 AND REIMBURSEMENT FOR THE 2019--2020 SCHOOL YEAR SHALL NOT EXCEED 57.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR FIFTEEN DOLLARS AND SIXTY CENTS PER CONTACT HOUR, where a contact hour represents sixty minutes of instruction services provided to an eligible adult. Notwithstanding any other provision of law to the contrary, for the 2016--2017 school year such contact hours shall not exceed one million five hundred fifty-one thousand three hundred twelve (1,551,312); whereas for the 2017--2018 school year such contact hours shall not exceed one million five hundred forty-nine thousand four hundred sixty-three (1,549,463); [and] WHEREAS for the 2018--2019 school year such contact hours shall not exceed one million four hundred sixty-three thousand nine hundred sixty-three (1,463,963), AND FOR THE 2019--2020 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED FORTY-FOUR (1,444,444). Notwithstanding any other provision of law to the contrary, the appor- tionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligi- ble for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. § 36. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion x to read as follows: X. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2019--2020 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000). § 37. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 27 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2019] 2020. § 38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, as amended by section 28 of part CCC of chapter 59 of the laws of 2018, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2019] 2020 at which time it shall be deemed repealed; (24) sections one hundred eighteen through one hundred thirty of this act shall be deemed to have been in full force and effect on and after July 1, 1995; provided further, however, that the amendments made pursu- ant to section one hundred twenty-four of this act shall be deemed to be repealed on and after July 1, [2019] 2020; § 39. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, S. 1506--B 16 charter school or BOCES employees, as amended by section 31 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 12. This act shall take effect on the same date as chapter 180 of the laws of 2000 takes effect, and shall expire July 1, [2019] 2020 when upon such date the provisions of this act shall be deemed repealed. § 40. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, as amended by section 33 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 4. This act shall take effect July 1, 2002 and SECTION ONE OF THIS ACT shall expire and be deemed repealed June 30, 2019, AND SECTIONS TWO AND THREE OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 30, 2020. § 41. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, as amended by section 34 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 5. This act shall take effect immediately; provided that sections one, two and three of this act shall expire and be deemed repealed on June 30, [2019] 2020. § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by section 1 of part G of chapter 61 of the laws of 2017, is amended to read as follows: § 34. This act shall take effect July 1, 2002; provided, that sections one through twenty, twenty-four, and twenty-six through thirty of this act shall expire and be deemed repealed June 30, [2019] 2022 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2019] 2022 the provisions of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdi- vision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effec- tive date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 of the laws of 2001, as amended, when upon such date the provisions of section four of this act shall take effect. S. 1506--B 17 § 43. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community super- intendents, as amended by section 2 of part G of chapter 61 of the laws of 2017, is amended to read as follows: 12. any provision in sections one, two, three, four, five, six, seven, eight, nine, ten and eleven of this act not otherwise set to expire pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed June 30, [2019] 2022. § 44. Section 7 of chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, as amended by section 40 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: § 7. This act shall take effect September 1, 1998, and shall expire and be deemed repealed September 1, [2019] 2021. § 45. Section 2 of chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, as amended by section 25 of part A of chapter 54 of the laws of 2016, is amended to read as follows: § 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall remain in full force and effect until January 1, [2020] 2023, when upon such date the provisions of this act shall be deemed repealed. § 46. Section 26 of subpart F of part C of chapter 97 of the laws of 2011 amending the education law relating to census reporting, as amended by section 21-a of part A of chapter 56 of the laws of 2014, is amended to read as follows: § 26. This act shall take effect immediately provided, however, that the provisions of section three of this act shall expire June 30, [2019] 2024 when upon such date the provisions of such section shall be deemed repealed; provided, further that the provisions of sections eight, elev- en, twelve, thirteen and twenty of this act shall expire July 1, 2014 when upon such date the provisions of such sections shall be deemed repealed. § 46-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 27-a of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: a-1. Notwithstanding the provisions of paragraph a of this subdivi- sion, for aid payable in the school years two thousand--two thousand one through two thousand nine--two thousand ten, and two thousand eleven-- two thousand twelve through two thousand [eighteen] NINETEEN--two thou- sand [nineteen] TWENTY, the commissioner may set aside an amount not to exceed two million five hundred thousand dollars from the funds appro- priated for purposes of this subdivision for the purpose of serving persons twenty-one years of age or older who have not been enrolled in any school for the preceding school year, including persons who have received a high school diploma or high school equivalency diploma but fail to demonstrate basic educational competencies as defined in regu- lation by the commissioner, when measured by accepted standardized tests, and who shall be eligible to attend employment preparation educa- tion programs operated pursuant to this subdivision. § 46-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section 3602-ee of the education law, as amended by section 18-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: S. 1506--B 18 (ii) Provided that, notwithstanding any provisions of this paragraph to the contrary, for the two thousand seventeen-two thousand eighteen [and two thousand eighteen-two thousand nineteen] THROUGH TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY school years an exemption to the certif- ication requirement of subparagraph (i) of this paragraph may be made for a teacher without certification valid for service in the early childhood grades who possesses a written plan to obtain certification and who has registered in the ASPIRE workforce registry as required under regulations of the commissioner of the office of children and family services. Notwithstanding any exemption provided by this subpara- graph, certification shall be required for employment no later than June thirtieth, two thousand [nineteen] TWENTY. § 46-c. The opening paragraph of section 3609-a of the education law, as amended by section 21 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the two thousand [eighteen] NINETEEN--two thousand [nine- teen] 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 commis- sioner in support of the budget which includes the appropriation for the general support for public schools for the prescribed payments and indi- vidualized payments due prior to April first for the current year plus the apportionment payable during the current school year pursuant to subdivision six-a and subdivision fifteen of section thirty-six hundred two of this part minus any reductions to current year aids pursuant to subdivision seven of section thirty-six hundred four of this part or any deduction from apportionment payable pursuant to this chapter for collection of a school district basic contribution as defined in subdi- vision eight of section forty-four hundred one of this chapter, less any grants provided pursuant to subparagraph two-a of paragraph b of subdi- vision four of section ninety-two-c of the state finance law, less any grants provided pursuant to subdivision six of section ninety-seven-nnnn of the state finance law, less any grants provided pursuant to subdivi- sion twelve of section thirty-six hundred forty-one of this article, or (ii) the apportionment calculated by the commissioner based on data on file at the time the payment is processed; provided however, that for the purposes of any payments made pursuant to this section prior to the first business day of June of the current year, moneys apportioned shall not include any aids payable pursuant to subdivisions six and fourteen, if applicable, of section thirty-six hundred two of this part as current year aid for debt service on bond anticipation notes and/or bonds first issued in the current year or any aids payable for full-day kindergarten for the current year pursuant to subdivision nine of section thirty-six hundred two of this part. The definitions of "base year" and "current year" as set forth in subdivision one of section thirty-six hundred two of this part shall apply to this section. For aid payable in the two thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled ["SA181-9"] "SA192-0". § 46-d. Subdivision a of section 5 of chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance deficits by the assurance of serial bonds, as amended by section 42-a of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: S. 1506--B 19 a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year through the [2018-19] 2019-20 school year, four million dollars ($4,000,000); for the [2019-20] 2020-21 school year, three million dollars ($3,000,000); for the [2020-21] 2021-22 school year, two million dollars ($2,000,000); for the [2021-22] 2022-23 school year, one million dollars ($1,000,000); and for the [2022-23] 2023-24 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. § 46-e. Section 2 of chapter 670 of the laws of 2007 amending the education law relating to directing the commissioner of education to promulgate regulations limiting the engines of school vehicles to remain idling while parked or standing on school grounds, as amended by chapter 74 of the laws of 2013, is amended to read as follows: § 2. This act shall take effect immediately and shall be deemed repealed June 30, [2019] 2025. § 46-f. Section 4 of chapter 396 of the laws of 2012, amending the education law, relating to services to out-of-state school districts by boards of cooperative educational services, as amended by chapter 28 of the laws of 2014, is amended to read as follows: § 4. This act shall take effect immediately and shall expire and be deemed repealed July 1, [2019] 2024. § 46-g. Section 4 of chapter 374 of the laws of 2014 amending the education law relating to he leasing of real property by boards of coop- erative educational services, is amended to read as follows: § 4. This act shall take effect immediately, and shall expire and be deemed repealed July 1, [2019] 2024, provided, however, that any contracts entered pursuant to this act shall not be impaired or modified by such expiration and repeal; provided further that the provisions of this act shall only apply to contracts entered into after the effective date of this act. § 46-h. Section 8 of chapter 89 of the laws of 2016 relating to supplementary funding for dedicated programs for public school students in the East Ramapo central school district, as amended by section 30 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: § 8. This act shall take effect July 1, 2016 and shall expire and be deemed repealed June 30, [2019] 2020, except that paragraph (b) of section five of this act and section seven of this act shall expire and be deemed repealed June 30, 2021. § 47. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2019--2020 school year, the commissioner of education shall allocate school bus driver training grants to school districts and boards of cooperative educational services pursuant to sections 3650-a, 3650-b and 3650-c of the education law, or for contracts directly with not-for-pro- fit educational organizations for the purposes of this section. Such payments shall not exceed four hundred thousand dollars ($400,000) per school year. S. 1506--B 20 § 48. Special apportionment for salary expenses. a. Notwithstanding any other provision of law, upon application to the commissioner of education, not sooner than the first day of the second full business week of June 2020 and not later than the last day of the third full business week of June 2020, a school district eligible for an apportion- ment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2020, for salary expenses incurred between April 1 and June 30, 2019 and such apportionment shall not exceed the sum of (i) the deficit reduction assessment of 1990--1991 as determined by the commis- sioner of education, pursuant to paragraph f of subdivision 1 of section 3602 of the education law, as in effect through June 30, 1993, plus (ii) 186 percent of such amount for a city school district in a city with a population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of such amount for a city school district in a city with a population of more than 195,000 inhabitants and less than 219,000 inhabitants accord- ing to the latest federal census, plus (iv) the net gap elimination adjustment for 2010--2011, as determined by the commissioner of educa- tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- nation adjustment for 2011--2012 as determined by the commissioner of education pursuant to subdivision 17 of section 3602 of the education law, and provided further that such apportionment shall not exceed such salary expenses. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be S. 1506--B 21 deducted on a chronological basis starting with the earliest payment due the district. § 49. Special apportionment for public pension accruals. a. Notwith- standing any other provision of law, upon application to the commission- er of education, not later than June 30, 2020, a school district eligi- ble for an apportionment pursuant to section 3602 of the education law shall be eligible to receive an apportionment pursuant to this section, for the school year ending June 30, 2020 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. § 50. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2019--2020 school year, as a non-component school district, services required by article 19 of the education law. S. 1506--B 22 § 51. The amounts specified in this section shall be a set-aside from the state funds which each such district is receiving from the total foundation aid: a. for the development, maintenance or expansion of magnet schools or magnet school programs for the 2019--2020 school year. For the city school district of the city of New York there shall be a setaside of foundation aid equal to forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; for the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); for the Rochester city school district, fifteen million dollars ($15,000,000); for the Syracuse city school district, thirteen million dollars ($13,000,000); for the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); for the Newburgh city school district, four million six hundred forty-five thou- sand dollars ($4,645,000); for the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); for the Mount Vernon city school district, two million dollars ($2,000,000); for the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); for the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); for the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); for the White Plains city school district, nine hundred thousand dollars ($900,000); for the Niagara Falls city school district, six hundred thousand dollars ($600,000); for the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); for the Utica city school district, two million dollars ($2,000,000); for the Beacon city school district, five hundred sixty- six thousand dollars ($566,000); for the Middletown city school district, four hundred thousand dollars ($400,000); for the Freeport union free school district, four hundred thousand dollars ($400,000); for the Greenburgh central school district, three hundred thousand dollars ($300,000); for the Amsterdam city school district, eight hundred thousand dollars ($800,000); for the Peekskill city school district, two hundred thousand dollars ($200,000); and for the Hudson city school district, four hundred thousand dollars ($400,000). b. Notwithstanding any inconsistent provision of law to the contrary, a school district setting aside such foundation aid pursuant to this section may use such setaside funds for: (i) any instructional or instructional support costs associated with the operation of a magnet school; or (ii) any instructional or instructional support costs associated with implementation of an alternative approach to promote diversity and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations of minority students. c. The commissioner of education shall not be authorized to withhold foundation aid from a school district that used such funds in accordance with this paragraph, notwithstanding any inconsistency with a request for proposals issued by such commissioner for the purpose of attendance improvement and dropout prevention for the 2019--2020 school year, and for any city school district in a city having a population of more than one million, the setaside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2019--2020 school year, it is further provided that any city school district in a city having a population of more than one million shall S. 1506--B 23 allocate at least one-third of any increase from base year levels in funds set aside pursuant to the requirements of this section to communi- ty-based organizations. Any increase required pursuant to this section to community-based organizations must be in addition to allocations provided to community-based organizations in the base year. d. For the purpose of teacher support for the 2019--2020 school year: for the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); for the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); for the Rochester city school district, one million seven- ty six thousand dollars ($1,076,000); for the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and for the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addi- tion to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distrib- uted pursuant to former subdivision 27 of section 3602 of the education law for prior years. In school districts where the teachers are repres- ented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by sepa- rate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization. § 52. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2018 enacting the aid to localities budget shall be apportioned for the 2019--2020 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001--2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2019--2020 by a chapter of the laws of 2019 enacting the education, labor and fami- ly assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of educa- tion and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. § 53. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part S. 1506--B 24 of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 54. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2019, provided, however, that: 1. Sections five-a, six, sixteen, eighteen, nineteen, twenty-two, twenty-three, thirty-two, forty-six-a, forty-six-b, forty-six-c, forty- six-d, forty-seven, fifty and fifty-one of this act shall take effect July 1, 2019; 2. Paragraph (a) of subdivision 7-a of section 804 of the education law, as added by section thirty-three of this act, shall take effect July 1, 2019; and 3. The amendments to chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York City made by sections thirty-five and thirty-six of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. PART A-1 Section 1. Paragraph e of subdivision 4 of section 3602 of the educa- tion law, as amended by section 9-b of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: e. Community schools aid set-aside. Each school district shall set aside from its total foundation aid computed for the current year pursu- ant to this subdivision an amount equal to the sum of (i) the amount, if any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the data file produced by the commissioner in support of the enacted budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", (ii) the amount, if any, set forth for such district as "COMMUNITY SCHL INCR" in the data file produced by the commissioner in support of the executive budget request for the two thousand seven- teen--two thousand eighteen school year and entitled "BT171-8", [and] (iii) the amount, if any, set forth for such district as "COMMUNITY SCHOOLS INCREASE" in the data file produced by the commissioner in support of the executive budget for the two thousand eighteen--two thou- sand nineteen school year and entitled "BT181-9", AND (IV) THE AMOUNT, IF ANY, SET FORTH FOR SUCH DISTRICT AS "19-20 COMMUNITY SCHOOLS INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND ENTITLED "BT192-0". Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount to support the transformation of school build- ings into community hubs to deliver co-located or school-linked academ- ic, health, mental health, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordinator, or to support other costs incurred to maximize students' academic achievement. Each school district shall use such "COMMUNITY SCHL INCR" amount to support the transformation of school buildings into community hubs to deliver co-lo- cated or school linked academic, health, mental health services and personnel, after-school programming, dual language programs, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordina- S. 1506--B 25 tor and programs for English language learners, or to support other costs incurred to maximize students' academic achievement, provided however that a school district whose "COMMUNITY SCHL INCR" amount exceeds one million dollars ($1,000,000) shall use an amount equal to the greater of one hundred fifty thousand dollars ($150,000) or ten percent of such "COMMUNITY SCHL INCR" amount to support such transforma- tion at schools with extraordinary high levels of student need as iden- tified by the commissioner, subject to the approval of the director of the budget. Each school district shall use such "COMMUNITY SCHOOLS INCREASE" to support the transformation of school buildings into commu- nity hubs to deliver co-located or school linked academic, health, mental health services and personnel, after-school programming, dual language programs, nutrition, counseling, legal and/or other services to students and their families, including but not limited to providing a community school site coordinator and programs for English language learners, or to support other costs incurred to maximize students' academic achievement. EACH SCHOOL DISTRICT SHALL USE SUCH "19-20 COMMU- NITY SCHOOLS INCR" TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS 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. § 1-a. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph ii to read as follows: II. (I) "DIRECT CERTIFICATION COUNT" SHALL BE EQUAL TO THE NUMBER OF CHILDREN ELIGIBLE FOR FREE MEALS OR FREE MILK BASED ON INFORMATION OBTAINED DIRECTLY FROM THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE ADMINISTERING THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND THE DEPARTMENT OF HEALTH ADMINISTERING MEDICAID AND PROVIDING DATA AS PER THE UNITED STATES DEPARTMENT OF AGRICULTURE MEDICAID DEMONSTRATION PROJECT. (II) "DIRECT CERTIFICATION ENROLLMENT" SHALL MEAN ENROLLMENT COLLECTED FOR PURPOSES OF THE DIRECT CERTIFICATION MATCHING PROCESS. (III) "DIRECT CERTIFICATION PERCENT" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE DIRECT CERTIFICATION COUNT BY DIRECT CERTIFICATION ENROLLMENT. (IV) "THREE-YEAR DIRECT CERTIFICATION PERCENTAGE" SHALL MEAN THE QUOTIENT OF (A) THE SUM OF THE DIRECT CERTIFICATION COUNT FOR THE BASE YEAR, PLUS SUCH DIRECT CERTIFICATION COUNT COMPUTED FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH DIRECT CERTIFICATION COUNT COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE BASE YEAR, DIVIDED BY (B) THE DIRECT CERTIF- ICATION ENROLLMENT FOR THE BASE YEAR, PLUS SUCH DIRECT CERTIFICATION ENROLLMENT COMPUTED FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH DIRECT CERTIFICATION ENROLLMENT COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE BASE YEAR. § 1-b. Subdivision 1 of section 3602 of the education law is amended by adding a new paragraph jj to read as follows: JJ. "SMALL CITY SCHOOL DISTRICTS" SHALL MEAN ANY SCHOOL DISTRICTS THAT WERE DESIGNATED AS SMALL CITY SCHOOL DISTRICTS OR CENTRAL SCHOOL DISTRICTS WHOSE BOUNDARIES INCLUDE A PORTION OF A SMALL CITY FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5". S. 1506--B 26 § 1-c. Subdivision 12 of section 3602 of the education law, as amended by section 13 of part CCC of chapter 59 of the laws of 2018, is amended to read as follows: 12. Academic enhancement aid. A. A school district that as of April first of the base year has been continuously identified as a district in need of improvement for at least five years shall, for the two thousand eight--two thousand nine school year, be entitled to an additional apportionment equal to the positive remainder, if any, of (a) the lesser of fifteen million dollars or the product of the total foundation aid base, as defined by paragraph j of subdivision one of this section, multiplied by ten percent (0.10), less (b) the positive remainder of (i) the sum of the total foundation aid apportioned pursuant to subdivision four of this section and the supplemental educational improvement grants apportioned pursuant to subdivision eight of section thirty-six hundred forty-one of this article, less (ii) the total foundation aid base. B. For the two thousand nine--two thousand ten through two thousand fourteen--two thousand fifteen school years, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand nine--two thousand ten school year and entitled "SA0910", and such apportionment shall be deemed to satisfy the state obligation to provide an apportion- ment pursuant to subdivision eight of section thirty-six hundred forty- one of this article. C. For the two thousand fifteen--two thousand sixteen year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2014-15 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand fourteen--two thousand fifteen school year and entitled "SA141-5", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. D. For the two thousand sixteen--two thousand seventeen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2015-16 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand fifteen--two thousand sixteen school year and entitled "SA151-6", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. E. For the two thousand seventeen--two thousand eighteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the budget for the two thousand sixteen--two thousand seventeen school year and entitled "SA161-7", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. F. For the two thousand eighteen--two thousand nineteen school year, each school district shall be entitled to an apportionment equal to the amount set forth for such school district as "ACADEMIC ENHANCEMENT" under the heading "2017-18 ESTIMATED AIDS" in the school aid computer S. 1506--B 27 listing produced by the commissioner in support of the budget for the two thousand seventeen--two thousand eighteen school year and entitled "SA171-8", and such apportionment shall be deemed to satisfy the state obligation to provide an apportionment pursuant to subdivision eight of section thirty-six hundred forty-one of this article. G. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEADING "2017-18 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED "SA171-8", LESS THE APPORTIONMENT DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE FOR THE TWO THOUSAND EIGH- TEEN--TWO THOUSAND NINETEEN SCHOOL YEAR. § 1-d. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph g to read as follows: G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA- RY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR SHALL EQUAL THE SUM OF (1) THE FOUNDATION AID BASE PLUS (2) THE EXECUTIVE FOUNDATION AID INCREASE PLUS (3) THE GREATER OF TIERS A THROUGH J. 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 PURSU- ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH: (I) "TIER A" SHALL EQUAL, THE GREATER OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE MULTIPLIED BY TWENTY- THREE ONE-THOUSANDTHS (0.023) LESS THE EXECUTIVE FOUNDATION AID INCREASE OR (B) THE PRODUCT OF THE EXECUTIVE FOUNDATION AID INCREASE MULTIPLIED BY FIVE-TENTHS (0.5). (II) "TIER B" SHALL EQUAL THE PRODUCT OF FOUNDATION AID REMAINING MULTIPLIED BY (A) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, TWO HUNDRED FIFTY-FIVE ONE-THOUSANDTHS (0.255) AND (B) FOR ALL OTHER SCHOOL DISTRICTS, FIFTY-FOUR ONE-THOUSANDTHS (0.054). (III) "TIER C" SHALL EQUAL, FOR ALL SCHOOL DISTRICTS WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING THE SUM OF THE FOUNDATION AID BASE PLUS THE EXECUTIVE FOUNDATION AID INCREASE BY TOTAL FOUNDATION AID IS LESS THAN FIVE-TENTHS (0.5), THE DIFFERENCE OF THE PRODUCT OF TOTAL FOUNDATION AID MULTIPLIED BY FIVE-TENTHS (0.5) LESS THE SUM OF THE FOUN- DATION AID BASE AND THE EXECUTIVE FOUNDATION AID INCREASE. (IV) "TIER D" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR BY SUCH ENROLLMENT FOR THE TWO THOUSAND EIGHT--TWO THOU- SAND NINE SCHOOL YEAR IS GREATER THAN ONE AND ONE-TENTH (1.1), (B) THE THREE-YEAR DIRECT CERTIFICATION PERCENTAGE AS DEFINED IN PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION IS GREATER THAN FIVE-TENTHS (0.5), AND (C) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT COMPUTED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR BY SUCH COUNT FOR THE TWO THOUSAND THIRTEEN-- TWO THOUSAND FOURTEEN SCHOOL YEAR IS GREATER THAN ONE AND SIX-TENTHS (1.6) OR THE DIFFERENCE OF SUCH BASE YEAR PUPILS LESS SUCH TWO THOUSAND S. 1506--B 28 SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR PUPILS IS GREATER THAN ONE HUNDRED, THE PRODUCT OF FOUNDATION AID REMAINING MULTIPLIED BY THREE THOUSAND THREE HUNDRED THIRTY-THREE TEN-THOUSANDTHS (0.3333). (V) "TIER E" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR BY SUCH ENROLLMENT FOR THE TWO THOUSAND EIGHT--TWO THOU- SAND NINE SCHOOL YEAR IS GREATER THAN ONE AND FIFTEEN ONE-HUNDREDTHS (1.15), (B) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT COMPUTED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR BY SUCH COUNT FOR THE TWO THOUSAND EIGHT- -TWO THOUSAND NINE SCHOOL YEAR IS GREATER THAN ONE AND THREE-TENTHS (1.3), AND (C) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVI- SION THREE OF THIS SECTION FOR THE CURRENT YEAR BY THE COMBINED WEALTH RATIO FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR IS LESS THAN ONE AND FIFTEEN ONE-HUNDREDTHS (1.15), THE PRODUCT OF FOUNDA- TION AID REMAINING MULTIPLIED BY ONE HUNDRED EIGHT ONE-THOUSANDTHS (0.108). (VI) "TIER F" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR BY SUCH ENROLLMENT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR IS LESS THAN ONE, AND (B) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT COMPUTED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR BY SUCH COUNT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR IS GREATER THAN ONE AND TWENTY-FIVE ONE-HUNDREDTHS (1.25) OR THE DIFFERENCE OF SUCH BASE YEAR PUPILS LESS SUCH PUPILS FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR IS GREATER THAN ONE HUNDRED, THE GREATER OF (A) THE PRODUCT OF FOUNDATION AID REMAINING MULTIPLIED BY EIGHTY-FIVE ONE-THOUSANDTHS (0.085) OR (B) THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE MULTIPLIED BY THIRTY-TWO ONE-THOUSANDTHS (0.032) LESS THE EXECUTIVE FOUNDATION AID INCREASE. (VII) "TIER G" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE FOUNDATION AID BASE BY TOTAL FOUN- DATION AID IS LESS THAN SEVENTY-FIVE ONE-HUNDREDTHS (0.75), AND (B) THE THREE-YEAR DIRECT CERTIFICATION PERCENTAGE AS DEFINED IN PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION IS GREATER THAN SIXTY-TWO ONE-HUNDREDTHS (0.62), THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF FOUNDATION AID REMAINING MULTIPLIED BY ONE HUNDRED EIGHT ONE-THOUSANDTHS (0.108) LESS THE EXECUTIVE FOUNDATION AID INCREASE. (VIII) "TIER H" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR BY SUCH ENROLLMENT FOR THE YEAR PRIOR TO THE BASE YEAR IS GREATER THAN ONE, THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE MULTIPLIED BY THIRTY-SEVEN ONE-THOUSANDTHS (0.037) LESS THE EXECUTIVE FOUNDATION AID INCREASE. (IX) "TIER I" SHALL EQUAL, FOR SCHOOL DISTRICTS WITH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN ONE (1.0), THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE MULTIPLIED BY THE TIER I PERCENT LESS THE EXECUTIVE FOUNDATION AID INCREASE, WHERE (A) THE "TIER I PERCENT" SHALL EQUAL THE PRODUCT OF THE S. 1506--B 29 TIER I RATIO MULTIPLIED BY EIGHT HUNDRED NINETY-FIVE TEN-THOUSANDTHS (0.0895), AND (B) THE "TIER I RATIO" SHALL EQUAL THE DIFFERENCE OF NINE HUNDRED NINETY-ONE ONE-THOUSANDTHS (0.991) LESS THE PRODUCT OF SEVENTY- FIVE ONE-HUNDREDTHS (0.75) MULTIPLIED BY THE DIFFERENCE OF ONE LESS THE THREE-YEAR DIRECT CERTIFICATION PERCENTAGE AS DEFINED IN PARAGRAPH II OF SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH RATIO SHALL NOT BE LESS THAN ZERO NOR GREATER THAN ONE. (X) "TIER J" SHALL EQUAL, FOR SMALL CITY SCHOOL DISTRICTS COMPUTED PURSUANT TO PARAGRAPH JJ OF SUBDIVISION ONE OF THIS SECTION, THE POSI- TIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE MULTIPLIED BY NINE HUNDRED SIXTY-SIX TEN-THOUSANDTHS (0.0966) LESS THE EXECUTIVE FOUNDATION AID INCREASE. (XI) THE "EXECUTIVE FOUNDATION AID INCREASE" SHALL BE EQUAL TO THE DIFFERENCE OF (A) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2019-20 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND ENTITLED "BT192-0" LESS (B) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2018-19 BASE YEAR AIDS" IN SUCH COMPUTER LISTING. § 1-e. Subdivision 8 of section 3641 of the education law, as added by section 38 of part B of chapter 57 of the laws of 2007, paragraph b as amended by section 29 of part B of chapter 57 of the laws of 2008, is amended to read as follows: 8. Supplemental educational improvement grants. a. In addition to apportionments otherwise provided by section thirty-six hundred two of this article, for aid payable in the two thousand seven--two thousand eight school year and thereafter, the amounts specified in paragraph b of this subdivision shall be paid for the purpose of providing addi- tional funding for the costs of educational improvement plans required as a result of a court-ordered settlement in a school desegregation case to which the state was a party. Grant funds awarded pursuant to this subdivision shall be used exclusively for services and expenses incurred by the school district to implement such educational improvement plans. b. To the Yonkers city school district, FOR THE TWO THOUSAND SEVEN-- TWO THOUSAND EIGHT THROUGH TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEARS, there shall be paid seventeen million five hundred thou- sand dollars ($17,500,000) on an annual basis, AND FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER THERE SHALL BE PAID TWENTY-ONE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($21,750,000) ON AN ANNUAL BASIS. Such grant shall be payable from funds appropriated for such purpose and shall be apportioned to the Yonkers city school district in accordance with the payment schedules contained in section thirty-six hundred nine-a of this article, notwith- standing any provision of law to the contrary. § 2. Notwithstanding any other provision of law to the contrary, the actions or omissions of any school district which failed to submit a final building project cost report by June thirtieth of the school year following June thirtieth of the school year in which the certificate of substantial completion of the project is issued by the architect or engineer, or six months after issuance of such certificate, whichever is later, are hereby ratified and validated, provided that such building project was eligible for aid in a year for which the commissioner of the department of education is required to prepare an estimate of apportion- ments due and owing pursuant to paragraph c of subdivision 21 of section 305 of the education law, provided further that such school district S. 1506--B 30 submits a final cost report and such report is approved by the commis- sioner of education, and provided further that any amount due and paya- ble for school years prior to the 2020-2021 school year as a result of this act shall be paid pursuant to the provisions of paragraph c of subdivision 5 of section 3604 of the education law. § 2-a. Notwithstanding any other provision of law to the contrary, the department of education shall provide notice to all school districts that may have projects eligible under section one of this act no later than July 1, 2019. § 3. a. All the acts done and proceedings heretofore had and taken or caused to be had and taken by a school district and by all officers, employees or agents of each such school district relating to or in connection with transportation contracts (1) identified by the state education department as having been filed or executed late on or before July 1, 2019, and (2) for which an aid adjustment or recovery has not been initiated by the state education department as of the effective date of this act are hereby legalized, validated, ratified and confirmed, notwithstanding any failure to comply with the contract filing provisions of the education law, other than those filing provisions defined in paragraph a of subdivision 5 of section 3604 of the education law, in relation to any omission, error, defect, irreg- ularity or illegality in such proceeding had and taken. b. The education department is hereby directed to consider the afore- mentioned contracts for transportation aid as valid and proper obli- gations of such school district. § 4. 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 THAT ANY RECOVERY INITIATED BY THE COMMISSIONER UNDER THIS SUBDIVISION SHALL FIRST BE OFFSET BY ANY PENDING PAYMENT OF MONEYS DUE TO SAID DISTRICT AS A PRIOR YEAR ADJUSTMENT PAYABLE PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION, AND THAT THE COMMISSIONER SHALL REMOVE SUCH CLAIM FROM THE ORDERED LIST HE OR SHE PREPARES FOR SUCH PARAGRAPH C, AND 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 S. 1506--B 31 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 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. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. It is further provided that, until June thirtieth, nineteen hundred ninety- six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational inter- ests of the district pursuant to guidelines developed by the commission- er and approved by the director of the budget. § 5. Tuition rates approved for the 2019--2020 school year for special services or programs provided to school-age students by special act school districts; approved private residential or non-residential schools for the education of students with disabilities that are located within the state; and providers of education to preschool children with disabilities pursuant to section 4410 of the education law shall provide for an increase of at least four percent in reimbursable costs. § 6. Subdivision 10 of section 407-b of the education law, as amended by chapter 31 of the laws of 1996, is amended to read as follows: 10. Notwithstanding any other provision of law to the contrary, the dormitory authority may execute leases, subleases, or other agreements with state supported schools for financing of the design, construction, rehabilitation, improvement, renovation, acquisition or provision, furnishing or equipping of capital facilities; provided, however, that during the two year period commencing July first, nineteen hundred nine- ty-five, the amount of bonds inclusive of principal, interest and issu- ance costs to be issued for each individual lease, sublease, or other agreement shall not exceed fifteen million dollars annually; provided further that the interest on such bonds may not be deferred through additional borrowing; and provided finally that the total amount of such S. 1506--B 32 bonds for all such leases, subleases, or agreements with state supported schools during such period shall not exceed [sixty-five] ONE HUNDRED million dollars. On or before September first of each year, the commissioner shall submit to the chairs of the assembly ways and means committee, the senate finance committee and the director of the budget, a capital plan for those projects expected to be bonded for state supported schools pursuant to this section, within such [sixty-five] ONE HUNDRED million dollar allowance. After application of the principles of the capital assets preservation program, such plan shall accord priority to health and safety considerations and shall specify the name, location, esti- mated total cost of the project at the time the project is to be bid, the anticipated bid date and the anticipated completion date and may contain any further recommendations the commissioner may deem appropri- ate. § 7. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of the education law, as amended by chapter 698 of the laws of 2003, is amended to read as follows: (2) Notwithstanding any inconsistent provision of law in no event shall the total salary including amounts paid pursuant to section twen- ty-two hundred nine of this chapter for district superintendents [for each school year through the two thousand two--two thousand three school year exceed ninety-eight percent of that earned by the commissioner for state fiscal year nineteen hundred ninety-two--ninety-three, and in no event shall such total salary for a district superintendent] for the two thousand [three] NINETEEN--two thousand [four] TWENTY school year or any subsequent school year exceed: (i) one hundred six percent of the salary cap applicable in the preceding school year, or (ii) ninety-eight percent of that earned by the commissioner in the two thousand [three] NINETEEN--two thousand [four] TWENTY state fiscal year, whichever is less. In no event shall any district superintendent be permitted to accumulate vacation or sick leave credits in excess of the vacation and sick leave credits managerial/confidential employees of the state are permitted to accumulate pursuant to regulations promulgated by the state civil service commission, nor may any district superintendent at the time of separation from service be compensated for accrued and unused vacation credits or sick leave, or use accrued and unused sick leave for retirement service credit or to pay for health insurance in retirement, at a rate in excess of the rate permitted to managerial/confidential employees of the state pursuant to regulations of the state civil service commission. In addition to the payment of supplementary salary, a board of cooperative educational services may provide for the payment of all or a portion of the cost of insurance benefits for the district superintendent of schools, including but not limited to health insur- ance, disability insurance, life insurance or any other form of insur- ance benefit made available to managerial/confidential employees of the state; provided that any such payments for whole life, split dollar or other life insurance policies having a cash value shall be included in the total salary of the district superintendent for purposes of this subparagraph, and provided further that any payments for the employee contribution, co-pay or uncovered medical expenses under a health insur- ance plan also shall be included in the total salary of the district superintendent. Notwithstanding any other provision of law, payments for such insurance benefits may be based on the district superinten- dent's total salary or the amount of his or her supplementary salary only. Any payments for transportation or travel expenses in excess of S. 1506--B 33 actual, documented expenses incurred in the performance of duties for the board of cooperative educational services or the state, and any other lump sum payment not specifically excluded from total salary pursuant to this subparagraph, shall be included in the total salary of the district superintendent for purposes of this subparagraph. Nothing herein shall prohibit a district superintendent from waiving any rights provided for in an existing contract or agreement as hereafter prohibit- ed in favor of revised compensation or benefit provisions as permitted herein. In no event shall the terms of the district superintendent's contract, including any provisions relating to an increase in salary, compensation or other benefits, be contingent upon the terms of any contract or collective bargaining agreement between the board of cooper- ative educational services and its teachers or other employees. The commissioner may adopt regulations for the purpose of implementing the provisions of this paragraph. § 8. Paragraph b of subdivision 5 of section 1950 of the education law, as amended by chapter 296 of the laws of 2016, is amended to read as follows: b. The cost of services herein referred to shall be the amount allo- cated to each component school district by the board of cooperative educational services to defray expenses of such board, including approved expenses from the testing of potable water systems of occupied school buildings under the board's jurisdiction as required pursuant to section eleven hundred ten of the public health law, except that that part of the salary paid any teacher, supervisor or other employee of the board of cooperative educational services which is in excess of thirty thousand dollars shall not be such an approved expense, and except also that administrative and clerical expenses shall not exceed ten percent of the total expenses for purposes of this computation. PROVIDED HOWEV- ER, THAT FOR TEACHERS PROVIDING INSTRUCTION IN CAREER AND TECHNICAL EDUCATION TO SCHOOL AGE STUDENTS, THE SALARY, TO BE CONSIDERED AS AN APPROVED EXPENSE, SHALL NOT EXCEED THIRTY-FOUR THOUSAND DOLLARS FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR; THIRTY-EIGHT THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR; FORTY-TWO THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-ONE- -TWO THOUSAND TWENTY-TWO SCHOOL YEAR; FORTY-SIX THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR; AND FIFTY THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, AND THEREAFTER. Any gifts, donations or inter- est earned by the board of cooperative educational services or on behalf of the board of cooperative educational services by the dormitory authority or any other source shall not be deducted in determining the cost of services allocated to each component school district. Any payments made to a component school district by the board of cooperative educational services pursuant to subdivision eleven of section six-p of the general municipal law attributable to an approved cost of service computed pursuant to this subdivision shall be deducted from the cost of services allocated to such component school district. The expense of transportation provided by the board of cooperative educational services pursuant to paragraph q of subdivision four of this section shall be eligible for aid apportioned pursuant to subdivision seven of section thirty-six hundred two of this chapter and no board of cooperative educational services transportation expense shall be an approved cost of services for the computation of aid under this subdivision. Transporta- tion expense pursuant to paragraph q of subdivision four of this section S. 1506--B 34 shall be included in the computation of the ten percent limitation on administrative and clerical expenses. § 9. Paragraph b of subdivision 10 of section 3602 of the education law, as amended by section 16 of part B of chapter 57 of the laws of 2007, is amended to read as follows: b. Aid for career education. There shall be apportioned to such city school districts and other school districts which were not components of a board of cooperative educational services in the base year for pupils in grades [ten] NINE through twelve in attendance in career education programs as such programs are defined by the commissioner, subject for the purposes of this paragraph to the approval of the director of the budget, an amount for each such pupil to be computed by multiplying the career education aid ratio by [three] FOUR thousand [nine] ONE hundred dollars. Such aid will be payable for weighted pupils attending career education programs operated by the school district and for weighted pupils for whom such school district contracts with boards of cooper- ative educational services to attend career education programs operated by a board of cooperative educational services. Weighted pupils for the purposes of this paragraph shall mean the sum of (I) THE PRODUCT OF the attendance of STUDENTS IN GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN FACTOR PLUS (II) THE ATTENDANCE OF students in grades ten through twelve in career education sequences in trade, industrial, tech- nical, agricultural or health programs plus the product of sixteen hundredths multiplied by THE SUM OF (I) THE PRODUCT of the attendance of STUDENTS IN GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN FACTOR PLUS (II) THE ATTENDANCE OF students in grades ten through twelve in career education sequences in business and marketing as defined by the commissioner in regulations; PROVIDED THAT THE SPECIAL SERVICES PHASE-IN FACTOR SHALL BE (I) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, TWENTY-FIVE PERCENT (0.25), (II) FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, FIFTY PERCENT (0.5), (III) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR, SEVENTY-FIVE PERCENT (0.75), AND (IV) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, ONE HUNDRED PERCENT (1.0). The career education aid ratio shall be computed by subtracting from one the product obtained by multiplying fifty-nine percent by the combined wealth ratio. This aid ratio shall be expressed as a decimal carried to three places without rounding, but not less than thirty-six percent. Any school district that receives aid pursuant to this paragraph shall be required to use such amount to support career education programs in the current year. A board of education which spends less than its local funds as defined by regulations of the commissioner for career education in the base year during the current year shall have its apportionment under this subdivi- sion reduced in an amount equal to such deficiency in the current or a succeeding school year, provided however that the commissioner may waive such reduction upon determination that overall expenditures per pupil in support of career education programs were continued at a level equal to or greater than the level of such overall expenditures per pupil in the preceding school year. § 10. Paragraph a of subdivision 14 of section 305 of the education law, as amended by chapter 273 of the laws of 1999, is amended to read as follows: a. (1) All contracts for the transportation of school children, all contracts to maintain school buses owned or leased by a school district S. 1506--B 35 that are used for the transportation of school children, all contracts for mobile instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by a private food service management company shall be subject to the approval of the commissioner, who may disapprove a proposed contract if, in his OR HER opinion, the best interests of the district will be promoted thereby. Except as provided in paragraph e of this subdivision, all such contracts involv- ing an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the general municipal law shall be awarded to the lowest responsible bidder, which responsibility shall be determined by the board of education or the trustee of a district, with power hereby vested in the commissioner to reject any or all bids if, in his OR HER opinion, the best interests of the district will be promoted thereby and, upon such rejection of all bids, the commissioner shall order the board of education or trustee of the district to seek, obtain and consider new proposals. All proposals for such transporta- tion, maintenance, mobile instructional units, or cafeteria and restau- rant service shall be in such form as the commissioner may prescribe. Advertisement for bids shall be published in a newspaper or newspapers designated by the board of education or trustee of the district having general circulation within the district for such purpose. Such adver- tisement shall contain a statement of the time when and place where all bids received pursuant to such advertisement will be publicly opened and read either by the school authorities or by a person or persons desig- nated by them. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. The requirement for competitive bidding shall not apply to an award of a contract for the transportation of pupils or a contract for mobile instructional units, if such award is based on an evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision. The requirement for competitive bidding shall not apply to annual, biennial, or trienni- al extensions of a contract nor shall the requirement for competitive bidding apply to quadrennial or quinquennial year extensions of a contract involving transportation of pupils, maintenance of school buses or mobile instructional units secured either through competitive bidding or through evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision, when such exten- sions [(1)] (I) are made by the board of education or the trustee of a district, under rules and regulations prescribed by the commissioner, and, [(2)] (II) do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced there- under and in the case of contracts for the transportation of pupils, for the maintenance of school buses or for mobile instructional units, that such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his OR HER existing statutory authority to approve or disapprove transportation or maintenance contracts, [(i)] (A) to reject any extension of a contract beyond the initial term there- of if he OR SHE finds that amount to be paid by the district to the contractor in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- ers (CPI-U) during the preceding twelve month period; and [(ii)] (B) to reject any extension of a contract after ten years from the date trans- portation or maintenance service commenced thereunder, or mobile S. 1506--B 36 instructional units were first provided, if in his OR HER opinion, the best interests of the district will be promoted thereby. Upon such rejection of any proposed extension, the commissioner may order the board of education or trustee of the district to seek, obtain and consider bids pursuant to the provisions of this section. The board of education or the trustee of a school district electing to extend a contract as provided herein, may, in its discretion, increase the amount to be paid in each year of the contract extension by an amount not to exceed the regional consumer price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- ers (CPI-U), during the preceding twelve month period, provided it has been satisfactorily established by the contractor that there has been at least an equivalent increase in the amount of his OR HER cost of opera- tion, during the period of the contract. (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, WHETHER AWARDED THROUGH COMPETITIVE BIDDING OR THROUGH EVALUATION OF PROPOSALS IN RESPONSE TO A REQUEST FOR PROPOSALS PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION, PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING, IN CONNECTION WITH SUCH CONTRACTS. FOR PURPOSES OF THIS SUBPARAGRAPH, "SCHOOL BUS WORKER" SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR ATTENDANT WHO: (I) WAS EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN OR AT ANY TIME THEREAFTER BY (A) A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, OR (B) A SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT; AND (II) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS A RESULT OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH CONTRACTOR OR SUCH SUBCONTRACTOR, OR AS THE RESULT OF A REDUCTION IN SERVICE DIRECTED BY SUCH BOARD OF EDUCATION DURING THE TERM OF SUCH CONTRACT. § 11. Paragraph (d) of subdivision 1 of section 2856 of the education law, as amended by section 4 of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: (d) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and THEREAFTER, PROVIDED HOWEVER, THAT FOR ANY SCHOOL DISTRICT HAVING A POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND thereafter. § 12. Paragraph (c) of subdivision 1 of section 2856 of the education law, as amended by section 4-a of part YYY of chapter 59 of the laws of 2017, is amended to read as follows: S. 1506--B 37 (c) School districts shall be eligible for an annual apportionment equal to the amount of the supplemental basic tuition for the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen, two thousand fifteen--two thousand sixteen, two thousand sixteen--two thousand seventeen school years and THEREAFTER, PROVIDED HOWEVER, THAT FOR ANY SCHOOL DISTRICT HAVING A POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE CURRENT YEAR OF EXPENSES INCURRED IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND thereafter. § 13. Paragraphs b and c of subdivision 1 of section 6-r of the gener- al municipal law, as added by chapter 260 of the laws of 2004, are amended to read as follows: b. "Participating employer" means: (I) a participating employer as defined in subdivision twenty of section two of the retirement and social security law or in subdivision twenty of section three hundred two of such law; OR (II) A PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVI- SION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW. c. "Retirement contribution" shall mean all or any portion of the amount payable by a municipal corporation to:(I) either the New York state and local employees' retirement system or the New York state and local police and fire retirement system pursuant to section seventeen or three hundred seventeen of the retirement and social security law; OR (II) THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW. § 14. Subdivision 2 of section 6-r of the general municipal law, as added by chapter 260 of the laws of 2004, is amended to read as follows: 2. The governing board of any municipal corporation which is also a participating employer by resolution may establish a retirement contrib- ution reserve fund for the purpose of (A) financing retirement contrib- utions, AND/OR (B) IN THE CASE OF A MUNICIPAL CORPORATION WHICH IS A PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW, FINANCING APPROPRIATIONS AUTHORIZED BY LAW IN ORDER TO OFFSET ALL OR A PORTION OF THE AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION FROM THE STATE FOR THE SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW. § 15. Section 6-r of the general municipal law is amended by adding a new subdivision 2-a to read as follows: 2-A. WITH RESPECT TO A MUNICIPAL CORPORATION WHICH IS A PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW, WHICH ELECTS TO UTILIZE A RETIREMENT CONTRIBUTION RESERVE FUND (A) TO FINANCE RETIREMENT CONTRIBUTIONS TO THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE HUNDRED TWEN- TY-ONE OF THE EDUCATION LAW AND/OR (B) TO OFFSET ALL OR A PORTION OF THE AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION FROM THE STATE FOR THE SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW, SUCH MUNICIPAL CORPORATION SHALL ESTABLISH A SUB-FUND WITHIN THE RETIREMENT CONTRIBUTION RESERVE FUND, WHICH SHALL BE SEPARATELY ADMINISTERED CONSISTENT WITH THE PROVISIONS OF THIS SECTION. SUCH MUNICIPAL CORPORATION MAY PAY INTO SUCH SUB-FUND DURING ANY PARTICULAR FISCAL YEAR AN AMOUNT NOT TO EXCEED TWO PER CENTUM OF THE TOTAL COMPENSATION OR SALARIES OF ALL TEACHERS IN THE EMPLOY OF SAID MUNICIPAL CORPORATION WHO ARE MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PAID DURING THE IMMEDIATELY PRECEDING FISCAL YEAR. THE BALANCE OF SUCH SUB-FUND MAY NOT EXCEED TEN PER CENTUM OF THE TOTAL COMPENSATION OR SALARIES OF ALL TEACHERS IN THE EMPLOY OF S. 1506--B 38 THE MUNICIPAL CORPORATION WHO ARE MEMBERS OF THE NEW YORK STATE TEACH- ERS' RETIREMENT SYSTEM PAID DURING THE IMMEDIATELY PRECEDING FISCAL YEAR. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "TEACHER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED UNDER SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW. § 16. Subdivision 5 of section 6-r of the general municipal law, as added by chapter 260 of the laws of 2004, is amended to read as follows: 5. The governing board of such municipal corporation by resolution may authorize expenditures from a retirement contribution reserve fund. Except as otherwise provided by law, moneys in a retirement contribution reserve fund may only be expended (A) to finance retirement contrib- utions, AND/OR (B) IN THE CASE OF A MUNICIPAL CORPORATION WHICH IS A PARTICIPATING EMPLOYER, AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW, FOR APPROPRIATIONS AUTHORIZED BY LAW IN ORDER TO OFFSET ALL OR A PORTION OF THE AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE PARTICIPATING EMPLOYER FROM THE STATE FOR THE SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW. WITH RESPECT TO A MUNICIPAL CORPORATION WHICH IS A PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW, EXPENDITURES FROM THE RETIREMENT CONTRIBUTION RESERVE FUND TO FINANCE RETIREMENT CONTRIBUTIONS TO THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW AND/OR TO OFFSET ALL OR A PORTION OF THE AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION FROM THE STATE FOR THE SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW MAY ONLY BE MADE FROM THE SUB-FUND ESTABLISHED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION. § 17. Section 6-r of the general municipal law is amended by adding a new subdivision 11 to read as follows: 11. THE GOVERNING BOARD OF A MUNICIPAL CORPORATION WHICH IS A PARTIC- IPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW BY RESOLUTION MAY (A) AUTHORIZE THE TRANSFER OF ALL OR A PORTION OF THE MONIES IN THE SEPARATELY ADMINISTERED SUB-FUND AS ESTABLISHED UNDER SUBDIVISION TWO-A OF THIS SECTION TO THE RETIREMENT CONTRIBUTION RESERVE FUND, AND/OR (B) AUTHORIZE THE TRANSFER OF ALL OR A PORTION OF THE MONIES IN THE RETIREMENT CONTRIBUTION RESERVE FUND TO THE SEPARATELY ADMINISTERED SUB-FUND AS PROVIDED IN SUBDIVISION TWO-A OF THIS SECTION, SUBJECT TO THE LIMITS ON ANNUAL PAYMENTS INTO THE SUB-FUND AND THE BALANCE OF THE SUB-FUND SPECIFIED BY THE SUBDIVISION TWO-A OF THIS SECTION. § 18. Paragraph c of subdivision 4 of section 3641 of the education law, as amended by section 48 of part C of chapter 58 of the laws of 1998, is amended to read as follows: c. Powers and duties of the commissioner. (1) The commissioner shall develop a building condition survey matrix which would be used to assist public school districts to develop long range facilities plans in a consistent format. (1-A) COMMENCING WITH THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, THE COMMISSIONER SHALL REQUIRE SCHOOL DISTRICTS TO CONDUCT BUILDING CONDITION SURVEYS PURSUANT TO THIS SECTION IN ACCORDANCE WITH A STAGGERED SCHEDULE AS ASSIGNED BY THE COMMISSIONER, TO BE STRUCTURED AS FOLLOWS, AND EVERY FIVE YEARS THEREAFTER. IN ASSIGNING SCHOOL DISTRICTS TO A SCHEDULED YEAR, THE COMMISSIONER SHALL ENSURE THAT NO REGION OF THE STATE IS OVER REPRESENTED IN A GIVEN SCHEDULED YEAR. THE COMMISSIONER SHALL ASSIGN SCHOOL DISTRICTS TO CONDUCT BUILDING CONDITION SURVEYS IN THE FOLLOWING MANNER: S. 1506--B 39 (I) SCHEDULE A: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE COMMISSIONER, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOU- SAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR. THE REMAINING SCHOOL DISTRICTS SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT TO SECTIONS FOUR HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR; (II) SCHEDULE B: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE SCHOOL YEAR. THE REMAINING SCHOOL DISTRICTS, OTHER THAN THOSE ASSIGNED TO SCHEDULE A, SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT TO SECTIONS FOUR HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR; (III) SCHEDULE C: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A OR SCHEDULE B, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOUSAND TWENTY- ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR. THE REMAINING SCHOOL DISTRICTS, OTHER THAN THOSE ASSIGNED TO SCHEDULE A AND SCHEDULE B, SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT TO SECTIONS FOUR HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR; (IV) SCHEDULE D: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A, SCHEDULE B, AND SCHEDULE C, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOU- SAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR. THE REMAINING SCHOOL DISTRICTS, OTHER THAN THOSE ASSIGNED TO SCHEDULE A, SCHEDULE B, AND SCHEDULE C, SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT TO SECTIONS FOUR HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR; (V) SCHEDULE E: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A, SCHEDULE B, SCHEDULE C, AND SCHEDULE D, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR. (2) The commissioner is hereby authorized to enter into the necessary contractual agreements with architects and/or engineers to state-wide contracts to provide building construction surveys on a regional basis for a fixed fee per square foot. Such building condition surveys shall be used to assist school districts with the development of their five- year capital facilities plan. § 19. Subdivision 6-e of section 3602 of the education law, as amended by chapter 296 of the laws of 2016, is amended to read as follows: 6-e. Additional apportionment of building aid for building condition surveys of school buildings. In addition to the apportionments payable to a school district pursuant to subdivision six of this section, the commissioner is hereby authorized to apportion to any school district additional building aid in accordance with this subdivision for its approved expenses in the base year for building condition surveys of school buildings that are conducted pursuant to this subdivision and subdivision four of section thirty-six hundred forty-one of this arti- cle. The amount of such apportionment shall equal the product of the building aid ratio defined pursuant to paragraph c of subdivision six of this section and the actual approved expenses incurred by the district S. 1506--B 40 in the base year for each school building so inspected, provided that the amount of such apportionment shall not exceed the building condition survey aid ceiling[, and provided further that such approved expenses shall include approved expenses for testing of potable water systems for lead contamination pursuant to section eleven hundred ten of the public health law]. For surveys conducted in the nineteen hundred ninety-eight- -ninety-nine school year, the building condition aid ceiling shall be twenty cents gross per square foot of floor area. For surveys conducted in the nineteen hundred ninety-nine--two thousand school year and there- after, the inspection aid ceiling shall be twenty cents gross per square foot of floor area, plus an amount computed by the commissioner in accordance with regulations adopted for such purpose, on the basis of an index number reflecting changes in the costs of labor and materials from July first, nineteen hundred ninety-eight. § 20. Subdivision 6-h of section 3602 of the education law, as added by chapter 296 of the laws of 2016, is amended to read as follows: 6-h. Building aid for testing and filtering of potable water systems for lead contamination. In addition to the apportionments payable to a school district pursuant to subdivision six of this section, the commis- sioner is hereby authorized to apportion to any school district addi- tional building aid pursuant to this subdivision for its approved expenditures, otherwise ineligible for building aid, in the base year for the testing of potable water systems required pursuant to section eleven hundred ten of the public health law and for the installation of filters and/or other effective remedial measures for immediate remedi- ation in cases where a finding of lead contamination is made pursuant to such section and verified by confirmatory sampling, provided that the cost of installation of such filters and/or other effective remedial measures shall be deemed an approved expenditure only if (i) such installation and/or other effective remedial measures have been approved or reviewed by a professional with expertise in the field of water qual- ity and remediation and (ii) such cost is incurred prior to July first, two thousand nineteen. Such aid shall equal the product of the building aid ratio defined pursuant to paragraph c of subdivision six of this section and the actual approved expenditures incurred in the base year pursuant to this subdivision. COMMENCING IN THE TWO THOUSAND NINETEEN-- TWO THOUSAND TWENTY SCHOOL YEAR AND EVERY YEAR THEREAFTER, ADDITIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION SHALL INCLUDE APPROVED EXPENSES FOR TESTING OF POTABLE WATER SYSTEMS FOR LEAD CONTAMINATION PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW. § 21. Section 3602 of the education law is amended by adding a new subdivision 6-i to read as follows: 6-I. BUILDING AID FOR PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY AUTHOR- IZED TO APPORTION OF ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID IN ACCORDANCE WITH THIS SUBDIVISION FOR PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS THAT ARE CONDUCTED PURSUANT TO SECTION FOUR HUNDRED NINE-D AND SECTION FOUR HUNDRED NINE-E OF THIS CHAPTER WHICH ARE OTHER- WISE INELIGIBLE FOR BUILDING AID, PROVIDED THAT ANY SUCH INSPECTIONS SHALL BE COMPLETED PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-THREE. § 22. Paragraph (a) of subdivision 2 of section 409-e of the education law, as added by section 1 of part B of chapter 56 of the laws of 1998, is amended to read as follows: (a) [Every public school building shall be inspected annually in accordance with the code, provided however, the] THE commissioner may S. 1506--B 41 require [more frequent] PERIODIC inspections OF PUBLIC SCHOOL BUILDINGS as deemed necessary to maintain the safety of school buildings and the welfare of their occupants. § 23. Subdivision 1 of section 409-d of the education law, as amended by chapter 437 of the laws of 2014, is amended to read as follows: 1. Program establishment. The commissioner is authorized and directed to establish, develop and monitor a comprehensive public school building safety program which shall include a uniform inspection, safety rating and monitoring system. [Such] UNDER SUCH PROGRAM, THE COMMISSIONER MAY REQUIRE PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS AS DEEMED NECES- SARY TO MAINTAIN THE SAFETY OF SCHOOL BUILDINGS AND THE WELFARE OF THE OCCUPANTS, AND SUCH program shall establish a safety rating system for such school buildings to assess the need for maintenance, repairs, reha- bilitation, reconstruction, construction and other improvements related to the structural integrity and overall safety of public school build- ings including but not limited to building systems related to elec- trical, plumbing, heating, ventilation, and air conditioning, sanitation and health, fire and accident protection; and require that such ratings be used for the purpose of developing a buildings condition survey as required pursuant to subdivision four of section thirty-six hundred forty-one of this chapter and a five year facilities plan as required pursuant to clause (i) of subparagraph two of paragraph b of subdivision six of section thirty-six hundred two of this chapter. § 24. Subdivision 1 of section 409-d of the education law, as added by section 1 of part B of chapter 56 of the laws of 1998, is amended to read as follows: 1. Program establishment. The commissioner is authorized and directed to establish, develop and monitor a comprehensive public school building safety program which shall include a uniform inspection, safety rating and monitoring system. [Such program shall require the annual inspection of all public school buildings throughout New York state;] UNDER SUCH PROGRAM, THE COMMISSIONER MAY REQUIRE PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS AS DEEMED NECESSARY TO MAINTAIN THE SAFETY OF SCHOOL BUILDINGS AND THE WELFARE OF THE OCCUPANTS, AND SUCH PROGRAM SHALL establish a safety rating system for such school buildings to assess the need for maintenance, repairs, rehabilitation, reconstruction, construction and other improvements related to the structural integrity and overall safety of public school buildings including but not limited to building systems related to electrical, plumbing, heating, venti- lation, and air conditioning, sanitation and health, fire and accident protection; and require that such ratings be used for the purpose of developing a buildings condition survey as required pursuant to subdivi- sion four of section thirty-six hundred forty-one of this chapter and a five year facilities plan as required pursuant to clause (i) of subpara- graph two of paragraph b of subdivision six of section thirty-six hundred two of this chapter. § 25. Section 3 of chapter 437 of the laws of 2014 amending the educa- tion law relating to removing the requirements for annual visual inspections of school buildings, is amended to read as follows: § 3. This act shall take effect immediately, provided however, that the provisions of section one of this act shall expire and be deemed repealed June 30, [2019] 2023. § 26. Section 3602 of the education law is amended by adding a new subdivision 6-j to read as follows: 6-J. BUILDING AID FOR APPROVED EXPENDITURES FOR DEBT SERVICE FOR TAX CERTIORARI FINANCING. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A S. 1506--B 42 SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, BEGINNING WITH DEBT SERVICE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER IS HEREBY AUTHORIZED TO APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR ITS APPROVED DEBT SERVICE EXPENDITURES FOR FINANC- ING THE COST OF A TAX CERTIORARI, WHERE THE TOTAL VALUE OF THE BOND EXCEEDS THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE YEAR IN WHICH THE SCHOOL DISTRICT FIRST RECEIVES BOND PROCEEDS. IN ORDER TO HAVE SUCH DEBT SERVICE EXPENDITURES APPROVED, THE SCHOOL DISTRICT SHALL SUBMIT TO THE COMMISSIONER, IN A FORM HE OR SHE PRESCRIBES, DOCUMENTATION RELATING TO THE ISSUANCE OF SUCH BOND, INCLUDING BUT NOT LIMITED TO THE ORIGINAL TAX CERTIORARI, THE AMORTI- ZATION SCHEDULE OF SUCH BOND, AND ANY OTHER DOCUMENTATION DEEMED NECES- SARY. PROVIDED, HOWEVER, THAT IN THE EVENT IT REFUNDS THE ORIGINAL BOND AT ANY POINT, THE SCHOOL DISTRICT SHALL PROVIDE SUCH UPDATED DOCUMENTA- TION AS REQUIRED BY THE COMMISSIONER, WHO SHALL ADJUST THE ANNUAL APPROVED EXPENDITURES ACCORDINGLY. SUCH AID SHALL EQUAL THE PRODUCT OF THE SUM OF (1) THE BUILDING AID RATIO DEFINED PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION PLUS (2) ONE-TENTH (0.1) MULTIPLIED BY THE ACTUAL APPROVED DEBT SERVICE EXPENDITURES INCURRED IN THE BASE YEAR PURSUANT TO THIS SUBDIVISION. § 27. This act shall take effect immediately; provided that: (a) the amendments to subdivision 1 of section 2856 of the education law made by section eleven of this act shall be subject to the expira- tion and reversion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section twelve of this act shall take effect; (b) the amendments to subdivision 1 of section 409-d of the education law made by section twenty-three of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 3 of chapter 437 of the laws of 2014, as amended, when upon such date the provisions of section twenty-four of this act shall take effect; and (c) sections one, one-a, one-b, one-c, one-d, one-e, and twenty-two of this act shall take effect on July 1, 2019. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART B Section 1. Section 7408 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI- CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW SHALL BE DEEMED ELIGIBLE TO REGISTER PURSUANT TO THIS SECTION. § 2. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE S. 1506--B 43 REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER- WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPO- RATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. § 3. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. § 4. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION S. 1506--B 44 PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. § 5. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: § 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT- ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering professional service to the public becomes legally disqualified to prac- tice his profession within this state, he shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of profes- sional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his profession within this state shall be deemed to constitute an irrevocable offer by the disqualified shareholder to sell his shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compli- ance with this provision shall constitute a ground for forfeiture of its certificate of incorporation and its dissolution. § 6. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and a new para- graph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may sell or transfer his shares in such corporation except to another individual who is eligible to have shares issued to him by such corporation or except in trust to another individual who would be eligible to receive shares if he were employed by the corpo- ration. Nothing herein contained shall be construed to prohibit the transfer of shares by operation of law or by court decree. No transfer- ee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligi- ble to have shares issued to him if he were an employee of the corpo- ration and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to S. 1506--B 45 section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one share- holder, may be made only after the same shall have been approved by the board of directors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorpo- ration or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his shares may not be voted or counted for any purpose, unless all shareholders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the profes- sional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corpo- ration at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if applicable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. § 7. Paragraph (a) of section 1512 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended to read as follows: (a) Notwithstanding any other provision of law, the name of a profes- sional service corporation, including a design professional service corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word which, at the time of incorporation, could be used in the name of a partnership practicing a profession which the corporation is authorized to practice, and may not contain any word which could not be used by such a partnership. Provided, however, the name of a professional service corporation may not contain the name of a deceased person unless (1) such person's name was part of the corporate name at the time of such person's death; or (2) such person's name was part of the name of an existing partnership and at least two-thirds of such partnership's partners become sharehold- ers of the corporation. § 8. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: S. 1506--B 46 (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. § 9. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR- ITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI- FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER- S. 1506--B 47 WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 10. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- S. 1506--B 48 SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON- LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 11. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, geological services, architectural and/or land- scape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A S. 1506--B 49 FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN- CIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENCE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 12. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES- SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE S. 1506--B 50 BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI- NESS OR MANAGEMENT OF THE FIRM. § 13. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be 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 S. 1506--B 51 such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN- SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 14. Subdivision (a) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (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 S. 1506--B 52 service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional 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 S. 1506--B 53 professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. § 15. This act shall take effect immediately. PART C Section 1. Section 1604 of the education law is amended by adding a new subdivision 43 to read as follows: 43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ- ING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINISTRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU- ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTE- NANCE, OR ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL BE CONSID- ERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY- THREE-A OF THIS CHAPTER. § 2. Section 1709 of the education law is amended by adding a new subdivision 43 to read as follows: 43. TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD, AUTHORIZING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGH- S. 1506--B 54 TEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE BOARD MAY ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINIS- TRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL BE CONSIDERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF THIS CHAPTER. § 2-a. Paragraph c of subdivision 2 of section 3623-a of the education law, as amended by chapter 453 of the laws of 2005, is amended to read as follows: c. The purchase of equipment deemed a proper school district expense, including: (i) the purchase of two-way radios to be used on old and new school buses, (ii) the purchase of stop-arms, to be used on old and new school buses, (iii) the purchase and installation of seat safety belts on school buses in accordance with the provisions of section thirty-six hundred thirty-five-a of this article, (iv) the purchase of school bus back up beepers, (v) the purchase of school bus front crossing arms, (vi) the purchase of school bus safety sensor devices, (vii) the purchase and installation of exterior reflective marking on school buses, (viii) the purchase of automatic engine fire extinguishing systems for school buses used to transport students who use wheelchairs or other assistive mobility devices, [and] (ix) THE PURCHASE OF SCHOOL BUS CAMERAS, AND (X) the purchase of other equipment as prescribed in the regulations of the commissioner; and § 3. The vehicle and traffic law is amended by adding a new section 1118 to read as follows: § 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A SCHOOL BUS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL BUS SAFETY CAMERA PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER A BOARD OF EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT HAS CONTRACTED WITH SUCH SCHOOL DISTRICT TO INSTALL SCHOOL BUS SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR CONTRACTED WITH SUCH DISTRICT. 2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS SAFETY CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN- GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHICLE, PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. (B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE S. 1506--B 55 OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION, "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITORING DEVICE AFFIXED TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT OVER- TAKE OR PASS SCHOOL BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (D) NO SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT HAS INSTALLED CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES FROM SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN WHICH THE VIOLATION OCCURRED FOR THE PURPOSE OF IMPOSING MONETARY LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. AFTER RECEIPT OF SUCH IMAGES A POLICE OFFICER SHALL INSPECT SUCH VIDEOTAPE AND IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN- TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A CERTIFICATE, SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE- OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI- CATE THE LIABILITY FOR SUCH VIOLATION. (E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS. (E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY SUBDIVISION (E) OF THIS SECTION SHALL BE PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF SUCH PENALTY RECEIVED TO THE LOCAL LAW ENFORCEMENT AGENCY, PROVIDED HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW ENFORCE- MENT AGENCY EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT. (F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY THE RESPECTIVE LAW ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH S. 1506--B 56 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC- TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION WHERE THE VIOLATION OCCURRED. (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT ANY CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETERMINE OWNER LIABILITY ESTABLISHED BY THIS ARTICLE FOR FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU- NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION. (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU. (J) WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY AN ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS BUREAU, OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVI- SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI- VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE, PROVIDED THAT HE OR SHE SENDS TO THE ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS BUREAU, OR COURT HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI- BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE S. 1506--B 57 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS. FOR PURPOSES OF THIS SUBDIVI- SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS. (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE. (M) IN ANY SCHOOL DISTRICT WHICH ADOPTS A SCHOOL BUS SAFETY CAMERA PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH SCHOOL DISTRICT SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF ITS SCHOOL BUS SAFETY CAMERAS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. A DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE SCHOOL BUS SAFETY CAMERAS WERE USED; 2. THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF SUBDIVI- SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE DISTRICT; 3. THE NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY CAMERAS IN THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS; 4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI- CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 7. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL DISTRICT FROM SUCH ADJUDICATIONS; 8. EXPENSES INCURRED BY SUCH SCHOOL DISTRICT IN CONNECTION WITH THE PROGRAM; AND 9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI- VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE THAT SUCH SCHOOL BUS SAFETY CAMERAS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 4. Subdivision (c) of section 1174 of the vehicle and traffic law, as amended by chapter 254 of the laws of 2002, is amended to read as follows: (c) Every person convicted of a violation of subdivision (a) of this section shall: for a first conviction thereof, be punished by a fine of not less than [two hundred fifty] FIVE HUNDRED dollars nor more than [four] SEVEN hundred FIFTY dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of three years, such person shall be punished by a fine of not less than [six hundred] ONE THOUSAND dollars nor more than [seven] ONE THOUSAND TWO hundred fifty dollars or by imprisonment for not more than one hundred S. 1506--B 58 eighty days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of three years, such person shall be punished by a fine of not less than [seven hundred fifty] ONE THOUSAND TWO HUNDRED FIFTY dollars nor more than one thousand FIVE HUNDRED dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprison- ment. § 5. This act shall take effect immediately. PART D Intentionally Omitted PART E Intentionally Omitted PART F Section 1. Section 97-z of the state finance law, as added by chapter 625 of the laws of 1987, subdivision 3 as amended by chapter 83 of the laws of 1995, is amended to read as follows: § 97-z. Arts capital [revolving] GRANTS fund. 1. A special fund to be known as the "arts capital [revolving] GRANTS fund" is hereby estab- lished in the custody of the state comptroller and the commissioner of taxation and finance. 2. The fund shall consist of all monies appropriated for its purpose, all monies transferred to such fund pursuant to law, all monies required by this section or any other provision of law to be paid into or credit- ed to the fund[, including payments of principal of and interest on loans made from the fund] and any interest earnings which may accrue from the investment of monies in the fund. Nothing contained herein shall prevent the New York state council on the arts from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund, when allocated, shall be available for adminis- trative costs of the council and to make [loans] GRANTS to eligible not-for-profit arts organizations as provided in section 3.07 of the arts and cultural affairs law [and to pay the reasonable administrative costs of the dormitory authority incurred in monitoring construction on eligible projects and costs associated with contracts with outside enti- ties to disburse loans and receive payments on such loans, as provided in such section]. 4. Monies shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the chairman of the New York state council on the arts. § 2. This act shall take effect immediately. PART G Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $8,479,000 for the fiscal year ending March 31, 2020. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall S. 1506--B 59 authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with neighborhood preserva- tion program contracts authorized by this section, a total sum not to exceed $8,479,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as deter- mined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $3,539,000 for the fiscal year ending March 31, 2020. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $3,539,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 3. This act shall take effect immediately. PART H Intentionally Omitted PART I Section 1. Subdivision 1 of section 378-a of the social services law, as amended by chapter 83 of the laws of 2013, is amended to read as follows: 1. (A) Every authorized agency which operates a residential program for children licensed or certified by the office of children and family services, and the office of children and family services in relation to any juvenile justice program it operates, shall request that the justice center for the protection of people with special needs check, and upon S. 1506--B 60 such request, such justice center shall request and shall be authorized to receive from the division of criminal justice services and the feder- al bureau of investigation criminal history information, as such phrase is defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law concerning each prospective operator, employee or volunteer of such a residential program who will have regu- lar and substantial unsupervised or unrestricted physical contact with children in such program. (B) EVERY AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REQUEST THAT THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS CHECK, AND UPON SUCH REQUEST, SUCH JUSTICE CENTER SHALL REQUEST AND SHALL BE AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THE SECTION EIGHT HUNDRED FORTY- FIVE-B OF THE EXECUTIVE LAW, FOR EVERY: (I) PROSPECTIVE EMPLOYEE OF SUCH PROGRAM THAT IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION IN CONNECTION TO SUCH EMPLOYMENT. (C) For the purposes of this section, "operator" shall include any natural person with an ownership interest in the authorized agency. (D) Access to and the use of [such] information OBTAINED PURSUANT TO THIS SUBDIVISION shall be governed by the provisions of section eight hundred forty-five-b of the executive law. § 2. Paragraph A of subdivision 4 of section 422 of the social services law, is amended by adding a new subparagraph (bb) to read as follows: (BB) AN ENTITY WITH APPROPRIATE LEGAL AUTHORITY IN ANOTHER STATE TO LICENSE, CERTIFY OR OTHERWISE APPROVE RESIDENTIAL PROGRAMS FOR FOSTER CHILDREN WHERE DISCLOSURE OF INFORMATION REGARDING ANY PROSPECTIVE OR CURRENT EMPLOYEE OF SUCH PROGRAM IS REQUIRED BY PARAGRAPH TWENTY OF SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO OF THE UNITED STATES CODE. § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 424-a of the social services law, as amended by section 8-a of part D of chapter 501 of the laws of 2012, is amended to read as follows: (i) (A) Subject to the provisions of subdivision seven of this section, a provider agency shall inquire of the office and the office shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether any person who is actively being considered for employment and who will have the poten- tial for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsuper- vised contact with such individuals. Such agency may inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is currently employed and who has the potential for regular and substantial contact with individuals who are cared for by such agency is the subject of an indicated child abuse and S. 1506--B 61 maltreatment report on file with the statewide central register of child abuse and maltreatment. A provider agency shall also inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is employed by an individual, corpo- ration, partnership or association which provides goods or services to such agency who has the potential for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsupervised contact with such individuals. Inquiries made to the office pursuant to this subparagraph by a provider agency on current employees shall be made no more often than once in any six month period. (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, WHERE THE PROVID- ER AGENCY IS AN AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES SUCH AGENCY SHALL INQUIRE OF THE OFFICE AND THE OFFICE SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDI- VISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER: (I) ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT IN SUCH PROGRAM WHO IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT; AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHETHER ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SUBPARAGRAPH IN CONNECTION TO SUCH EMPLOYMENT IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. § 4. This act shall take effect July 1, 2019. PART J Section 1. The section heading and the opening paragraph of subdivi- sion 1 of section 131-u of the social services law, as amended by chap- ter 169 of the laws of 1994, is amended to read as follows: Domestic violence services [to eligible persons]. Notwithstanding any inconsistent provision of law, a social services district shall, in accordance with the provisions of this section and regulations of the department, offer and provide emergency shelter and services at a residential program for victims of domestic violence, as defined in article six-A of this chapter, to the extent that such shel- ter and services are necessary and available to a victim of domestic violence, as defined in article six-A of this chapter, and in need of emergency shelter and services, who was residing in the social services district at the time of the alleged domestic violence [and who:]. § 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u of the social services law are REPEALED. § 3. Subdivision 2 of section 131-u of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: 2. The department [shall] MAY annually establish, subject to the approval of the director of the budget, a daily rate of reimbursement S. 1506--B 62 for each residential program for victims of domestic violence, as defined in article six-A of this chapter, certified by the department which provides emergency shelter and services to persons eligible for such emergency shelter and services pursuant to this section. A social services district financially responsible for a victim of domestic violence shall reimburse a residential program for victims of domestic violence for the costs of emergency shelter and services provided to such victim at the daily reimbursement rate established by the depart- ment reduced by [the sum of all fees which such victim is able to pay toward the costs of such shelter and services as determined in accord- ance with the public assistance budgeting rules set forth in the regu- lations of the department and by] any [third party] OTHER reimbursement available for such costs. § 4. Section 459-f of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: § 459-f. [Fees] PAYMENT for services. [Any program defined in subdivi- sion four of section four hundred fifty-nine-a of this article may charge a service fee to a victim of domestic violence who is able to pay all or part of the costs of the emergency shelter and services provided to the victim.] Payments by a social services district to a residential program for victims of domestic violence for the costs of emergency shelter and services provided to a victim of domestic violence at the daily reimbursement rate determined by the department in accordance with section one hundred thirty-one-u of this chapter shall be reduced by the sum of [all fees which such victim is able to pay toward the costs of such shelter and services as determined in accordance with the public assistance budgeting rules set forth in the regulations of the depart- ment and by] any [third party] OTHER reimbursement available for such costs. § 5. This act shall take effect April 1, 2019. PART K Section 1. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chap- ter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivi- sions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: § 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigi- ble, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 or 230.00 of the penal law, or who appears to be a sexu- ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- sion one of section four hundred forty-seven-a of the social services law, but only if the child consents to the filing of a petition under this article. S. 1506--B 63 (b) ["Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the exec- utive law. (c) "Secure detention facility". A facility characterized by phys- ically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e)] "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he OR SHE violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his OR HER parents, guardian or legal custodian. [(f)] (C) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. [(g)] (D) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. [(h)] (E) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriate- ness of the permanency plan developed by the social services official on behalf of such respondent. [(i)] (F) "Diversion services". Services provided to children and families pursuant to section seven hundred thirty-five of this article for the purpose of avoiding the need to file a petition [or direct the detention of the child]. Diversion services shall include: efforts to adjust cases pursuant to this article before a petition is filed, or by order of the court, after the petition is filed but before fact-finding is commenced; and preventive services provided in accordance with section four hundred nine-a of the social services law to avert the placement of the child into foster care, including crisis intervention and respite services. Diversion services may also include, in cases where any person is seeking to file a petition that alleges that the child has a substance use disorder or is in need of immediate detoxifi- cation or substance use disorder services, an assessment for substance use disorder; provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assess- ment or substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. [(j)] (G) "Substance use disorder". The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person's physical and mental health or the welfare of others. [(k)] (H) "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than eighteen years of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others. [(l)] (I) "A substance use disorder which could make a youth a danger to himself or herself or others". A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services. S. 1506--B 64 [(m)] (J) "Substance use disorder services". Substance use disorder services shall have the same meaning as provided for in section 1.03 of the mental hygiene law. § 2. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] § 3. Section 720 of the family court act, as amended by chapter 419 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) of subdivision 5 as added by section 8 of part G of chapter 58 of the laws of 2010, is amended to read as follows: § 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER- WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom the provisions of this article may apply, shall be detained in any pris- on, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with a crime. [2. The detention of a child in a secure detention facility shall not be directed under any of the provisions of this article. 3. Detention of a person alleged to be or adjudicated as a person in need of supervision shall, except as provided in subdivision four of this section, be authorized only in a foster care program certified by the office of children and family services, or a certified or approved family boarding home, or a non-secure detention facility certified by the office and in accordance with section seven hundred thirty-nine of this article. The setting of the detention shall take into account (a) the proximity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and (b) the existing educational setting of such person and the proximity of such setting to the location of the detention setting. 4. Whenever detention is authorized and ordered pursuant to this arti- cle, for a person alleged to be or adjudicated as a person in need of supervision, a family court in a city having a population of one million or more shall, notwithstanding any other provision of law, direct detention in a foster care facility established and maintained pursuant to the social services law. In all other respects, the detention of such a person in a foster care facility shall be subject to the identical terms and conditions for detention as are set forth in this article and in section two hundred thirty-five of this act. 5. (a) The court shall not order or direct detention under this arti- cle, unless the court determines that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (b) Where the youth is sixteen years of age or older, the court shall not order or direct detention under this article, unless the court determines and states in its order that special circumstances exist to warrant such detention. (c) If the respondent may be a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short- term safe house as defined in subdivision two of section four hundred forty-seven-a of the social services law as an alternative to detention.] S. 1506--B 65 § 4. Section 727 of the family court act is REPEALED. § 5. The section heading and subdivisions (c) and (d) of section 728 of the family court act, subdivision (d) as added by chapter 145 of the laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision (d) as renumbered by section 5 of part E of chapter 57 of the laws of 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision (d) as added by section 10 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Discharge[,] OR release [or detention] by judge after hearing and before filing of petition in custody cases. (c) An order of release under this section may, but need not, be conditioned upon the giving of a recognizance in accord with [sections seven hundred twenty-four (b)] PARAGRAPH (i) OF SUBDIVISION (B) OF SECTION SEVEN HUNDRED TWENTY-FOUR OF THIS ARTICLE. [(d) Upon a finding of facts and reasons which support a detention order pursuant to this section, the court shall also determine and state in any order directing detention: (i) that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to detention have been exhausted; and (ii) whether continuation of the child in the child's home would be contrary to the best interests of the child based upon, and limited to, the facts and circumstances available to the court at the time of the hearing held in accordance with this section; and (iii) where appropriate, whether reasonable efforts were made prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the child from his or her home or, if the child had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the child to safely return home; and (iv) whether the setting of the detention takes into account the prox- imity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and the existing educational setting of such person and the proximity of such setting to the location of the detention setting.] § 6. Section 729 of the family court act is REPEALED. § 7. Subdivisions (b) and (f) of section 735 of the family court act, subdivision (b) as amended by chapter 38 of the laws of 2014 and subdi- vision (f) as added by section 7 of part E of chapter 57 of the laws of 2005, are amended to read as follows: (b) The designated lead agency shall: (i) confer with any person seeking to file a petition, the youth who may be a potential respondent, his or her family, and other interested persons, concerning the provision of diversion services before any peti- tion may be filed; and (ii) diligently attempt to prevent the filing of a petition under this article or, after the petition is filed, to prevent the placement of the youth into foster care; and (iii) assess whether the youth would benefit from residential respite services; and (iv) [determine whether alternatives to detention are appropriate to avoid remand of the youth to detention] ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEV- S. 1506--B 66 EN-A OF THE SOCIAL SERVICES LAW AND, IF SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; and (v) determine whether an assessment of the youth for substance use disorder by an office of alcoholism and substance abuse services certi- fied provider is necessary when a person seeking to file a petition alleges in such petition that the youth is suffering from a substance use disorder which could make the youth a danger to himself or herself or others. Provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assessment or for any substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. The office of alco- holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. (f) Efforts to prevent the filing of a petition pursuant to this section may extend until the designated lead agency determines that there is no substantial likelihood that the youth and his or her family will benefit from further attempts. Efforts at diversion pursuant to this section may continue after the filing of a petition where the designated lead agency determines that the youth and his or her family will benefit from further attempts to prevent PLACEMENT OF the youth from entering foster care IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE. § 8. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: § 739. Release or [detention] REFERRAL after filing of petition and prior to order of disposition. [(a)] After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent [or direct his or her detention]. If the respondent may be a sexually exploited child as defined in subdi- vision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as an alternative to detention. However, the court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to detention have been exhausted. (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no detention under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circumstances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and S. 1506--B 67 (ii) where appropriate, whether reasonable efforts were made prior to the date of the court order directing detention in accordance with this section, to prevent or eliminate the need for removal of the respondent from his or her home or, if the respondent had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the respondent to safely return home]. § 9. Intentionally omitted. § 10. Section 747 of the family court act is REPEALED. § 11. Section 748 of the family court act is REPEALED. § 12. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An [adjournment on the court's motion may not be for a period of more than ten days if the respondent is detained, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not detained, an] adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. § 13. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, subparagraph (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) The order shall state the court's reasons for the particular disposition. If the court places the child in accordance with section seven hundred fifty-six of this part, the court in its order shall determine: (i) whether continuation in the child's home would be contra- ry to the best interest of the child and where appropriate, that reason- able efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and, if the child was removed from his or her home prior to the date of such hearing, that such removal was in the child's best interest and, where appropriate, reason- able efforts were made to make it possible for the child to return safe- ly home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circum- stances, the court order shall include such a finding; and (ii) in the case of a child who has attained the age of fourteen, the services need- ed, if any, to assist the child to make the transition from foster care to independent living. [Nothing in this subdivision shall be construed to modify the standards for directing detention set forth in section seven hundred thirty-nine of this article.] § 14. Subdivisions (b) and (c) of section 756 of the family court act, subdivision (b) as amended by chapter 7 of the laws of 1999, and subdi- vision (c) as amended by section 10 of part E of chapter 57 of the laws of 2005, are amended to read as follows: (b) Placements under this section may be for an initial period of twelve months. The court may extend a placement pursuant to section seven hundred fifty-six-a. In its discretion, the court may recommend restitution or require services for public good pursuant to section seven hundred fifty-eight-a OF THIS PART in conjunction with an order of placement. For the purposes of calculating the initial period of place- S. 1506--B 68 ment, such placement shall be deemed to have commenced sixty days after the date the child was removed from his or her home in accordance with the provisions of this article. [If the respondent has been in detention pending disposition, the initial period of placement ordered under this section shall be credited with and diminished by the amount of time spent by the respondent in detention prior to the commencement of the placement unless the court finds that all or part of such credit would not serve the best interests of the respondent. (c) A placement pursuant to this section with the commissioner of social services shall not be directed in any detention facility, but the court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-eight of the social services law, upon written documentation to the office of children and family services that the youth is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement.] § 15. Subdivision 1 of section 758-a of the family court act, as amended by chapter 4 of the laws of 1987, and paragraph (b) as amended by chapter 575 of the laws of 2007, is amended to read as follows: 1. In cases involving acts of [infants] CHILDREN over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the court may (a) recommend as a condition of placement, or order as a condition of probation or suspended judgment, restitution in an amount representing a fair and reasonable cost to replace the property or repair the damage caused by the [infant] CHILD, not, however, to exceed one thousand dollars. [In the case of a placement, the court may recommend that the infant pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the agency with which he is placed, and in the case of probation or suspended judgment, the] THE court may require that the [infant] CHILD pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the court; and/or (b) order as a condition of placement, probation, or suspended judg- ment, services for the public good including in the case of a crime involving willful, malicious, or unlawful damage or destruction to real or personal property maintained as a cemetery plot, grave, burial place, or other place of interment of human remains, services for the mainte- nance and repair thereof, taking into consideration the age and physical condition of the [infant] CHILD. § 16. Section 774 of the family court act is amended to read as follows: § 774. Action on petition for transfer. On receiving a petition under section seven hundred seventy-three OF THIS PART, the court may proceed under sections seven hundred thirty-seven, seven hundred thirty-eight or seven hundred thirty-nine OF THIS ARTICLE with respect to the issuance of a summons or warrant [and sections seven hundred twenty-seven and seven hundred twenty-nine govern questions of detention and failure to comply with a promise to appear]. Due notice of the petition and a copy of the petition shall also be served personally or by mail upon the office of the locality chargeable for the support of the person involved and upon the person involved and his OR HER parents and other persons. § 17. Subdivisions 11 and 12 of section 398 of the social services law, subdivision 11 as added by chapter 514 of the laws of 1976 and S. 1506--B 69 subdivision 12 as amended by section 12 of subpart B of part Q of chap- ter 58 of the laws of 2011, are amended to read as follows: 11. In the case of a child who is adjudicated a person in need of supervision or a juvenile delinquent and is placed by the family court with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and who is placed by [the division for youth] SUCH OFFICE with an authorized agency pursuant to court order, the social services official shall make expenditures in accordance with the regulations of the department for the care and maintenance of such child during the term of such placement subject to state reimbursement pursuant to SECTION ONE HUNDRED FIFTY- THREE-K OF this [title, or article nineteen-G of the executive law in applicable cases] ARTICLE. 12. A social services official shall be permitted to place persons adjudicated [in need of supervision or] delinquent[, and alleged persons to be in need of supervision] in detention pending transfer to a place- ment, in the same foster care facilities as are providing care to desti- tute, neglected, abused or abandoned children. Such foster care facili- ties shall not provide care to a youth in the care of a social services official as a convicted juvenile offender. § 18. Intentionally omitted. § 18-a. Intentionally omitted. § 19. Subdivision 3 of section 502 of the executive law, as amended by section 79 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: 3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three [or seven] of the family court act, or held pending a hearing for alleged violation of the condi- tions of release from an office of children and family services facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole as a juvenile offender, youthful offender or adolescent offender or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender, youthful offender or adolescent offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders, youthful offenders or adolescent offenders who have not attained their eighteenth or, commencing October first, two thousand eighteen, their twenty-first birthday shall be subject to detention in a detention facility. Commencing October first, two thou- sand eighteen, a youth who on or after such date committed an offense when the youth was sixteen years of age; or commencing October first, two thousand nineteen, a youth who committed an offense on or after such date when the youth was seventeen years of age held pursuant to a secur- ing order of a criminal court if the youth is charged as an adolescent offender or held pending a hearing for alleged violation of the condi- tion of parole as an adolescent offender, must be held in a specialized secure juvenile detention facility for older youth certified by the state office of children and family services in conjunction with the state commission of correction. § 20. Subparagraph (i) of paragraph (a) of subdivision 3 of section 529-b of the executive law, as amended by section 99 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents [and persons in need of supervision] are remanded to detention or residentially placed; S. 1506--B 70 § 21. The opening paragraph and paragraph (a) of subdivision 2, subparagraph 1 of paragraph (a) and paragraph (b) of subdivision 5, and subdivision 7 of section 530 of the executive law, the opening paragraph and paragraph (a) of subdivision 2 and subparagraph 1 of paragraph (a) and paragraph (b) of subdivision 5 as amended by section 100 of part WWW of chapter 59 of the laws of 2017 and subdivision 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Expenditures made by municipalities in providing care, maintenance and supervision to youth in detention facilities designated pursuant to [sections seven hundred twenty and] section 305.2 of the family court act and certified by office of children and family services, shall be subject to reimbursement by the state, as follows: (a) Notwithstanding any provision of law to the contrary, eligible expenditures by a municipality during a particular program year for the care, maintenance and supervision in foster care programs certified by the office of children and family services, certified or approved family boarding homes, [and non-secure detention facilities certified by the office for those youth alleged to be persons in need of supervision or adjudicated persons in need of supervision held pending transfer to a facility upon placement;] and in secure and non-secure detention facili- ties certified by the office in accordance with section five hundred three of this article for those youth alleged to be juvenile delin- quents; adjudicated juvenile delinquents held pending transfer to a facility upon placement, and juvenile delinquents held at the request of the office of children and family services pending extension of place- ment hearings or release revocation hearings or while awaiting disposi- tion of such hearings; and youth alleged to be or convicted as juvenile offenders, youthful offenders and adolescent offenders, YOUTH ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND CERTIFIED OR APPROVED FOSTER BOARDING HOMES, shall be subject to state reimbursement for up to fifty percent of the municipality's expenditures, exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution from funds that have been appropriated specifically therefor for that program year. Municipalities shall implement the use of detention risk assessment instruments in a manner prescribed by the office so as to inform detention decisions. Notwithstanding any other provision of state law to the contrary, data necessary for completion of a detention risk assess- ment instrument may be shared among law enforcement, probation, courts, detention administrators, detention providers, and the attorney for the child upon retention or appointment; solely for the purpose of accurate completion of such risk assessment instrument, and a copy of the completed detention risk assessment instrument shall be made available to the applicable detention provider, the attorney for the child and the court. (1) temporary care, maintenance and supervision provided to alleged juvenile delinquents [and persons in need of supervision] in detention facilities certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act by the office of children and family services, pending adjudication of alleged delinquency [or alleged need of supervision] by the family court, or pending transfer to insti- tutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a S. 1506--B 71 securing order of a criminal court if the person named therein as prin- cipal is under seventeen years of age; or (b) Payments made for reserved accommodations, whether or not in full time use, approved and certified by the office of children and family services and certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act, in order to assure that adequate accommodations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursu- ant to paragraph (a) of this subdivision, shall be reimbursed as expend- itures for care, maintenance and supervision under the provisions of this section, provided the office shall have given its prior approval for reserving such accommodations. 7. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, at such times and in such form and manner and containing such information as required by the office of children and family services, an annual report on youth remanded pursuant to article three or seven of the fami- ly court act who are detained during each calendar year including, commencing January first, two thousand twelve, the risk level of each detained youth as assessed by a detention risk assessment instrument approved by the office of children and family services PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER- EAFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. The office may require that such data on detention use be submitted to the office electron- ically. Such report shall include, but not be limited to, the reason for the court's determination in accordance with section 320.5 or seven hundred thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. The office shall submit a compi- lation of all the separate reports to the governor and the legislature. § 22. Subdivision 8 of section 530 of the executive law is REPEALED. § 23. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 24. This act shall take effect January 1, 2020 and shall be deemed to be applicable to the detention or placement of youth pursuant to petitions filed pursuant to article seven of the family court act on or after such effective date. PART L Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$144.00] $148.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. S. 1506--B 72 (b) in the case of each individual receiving residential care, an amount equal to at least [$166.00] $171.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$198.00] $204.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (d) for the period commencing January first, two thousand [nineteen] TWENTY, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [nineteen] TWENTY, but prior to June thirtieth, two thousand [nineteen] TWENTY, rounded to the nearest whole dollar. § 2. 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 YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living alone, [$837.00] $858.00; and for an eligible couple living alone, [$1,229.00] $1,261.00. (b) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living with others with or without in-kind income, [$773.00] $794.00; and for an eligible couple living with others with or without in-kind income, [$1,171.00] $1,203.00. (c) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving family care, [$1,016.48] $1,037.48 if he or she is receiving such care in the city of New York or the coun- ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individ- ual receiving such care in any other county in the state, [$978.48] $999.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving residential care, [$1,185.00] $1,206.00 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving residential care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$1,155.00] $1,176.00; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (e) (i) On and after January first, two thousand [eighteen] NINETEEN TO DECEMBER THIRTY-FIRST TWO THOUSAND NINETEEN, (1) for an eligible individual receiving enhanced residential care, [$1,444.00] $1,465.00; and [(ii)] (2) for an eligible couple receiving enhanced residential care, two times the amount set forth in [subparagraph (i)] CLAUSE ONE of this [paragraph] SUBPARAGRAPH; AND (II) (1) FROM JANUARY FIRST, TWO THOUSAND TWENTY TO MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, FOR AN S. 1506--B 73 ELIGIBLE INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE, $1,585.00; AND (2) FOR AN ELIGIBLE COUPLE RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE ONE OF THIS SUBPARAGRAPH. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- mental security income benefits for individuals or couples which become effective on or after January first, two thousand [nineteen] TWENTY but prior to June thirtieth, two thousand [nineteen] TWENTY. § 3. This act shall take effect December 31, 2019. PART M Section 1. This Part enacts into law major components of legislation which are necessary to improve the foster care system. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act," when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Intentionally omitted. SUBPART B Section 1. Section 4 of part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, is amended to read as follows: § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016, provided further that this act shall expire and be deemed repealed March 31, [2019] 2022. § 2. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or subpart thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately; provided, however, that the applicable effective date of Subparts A through B of this act shall be as specifically set forth in the last section of such Subparts. PART N Intentionally Omitted S. 1506--B 74 PART O Section 1. This Part enacts into law major components of legislation which are necessary to improve employee rights. Each component is wholly contained within a Subpart identified as Subparts A through B. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart; which makes a reference to a section "of this act," when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. Section 2 of the lien law is amended by adding three new subdivisions 21, 22 and 23 to read as follows: 21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE- TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE. 22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN THIS CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE- TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE. 23. WAGE CLAIM. THE TERM "WAGE CLAIM", WHEN USED IN THIS CHAPTER, MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED NINETY-THREE, ONE HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE OF THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. § 206 OR 207. § 2. Section 3 of the lien law, as amended by chapter 137 of the laws of 1985, is amended to read as follows: § 3. Mechanic's lien AND EMPLOYEE'S LIEN on [real] property. 1. MECHANIC'S LIEN. A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or subcontractor, and any trust fund to which benefits and wage supplements are due or payable for the benefit of such laborers, shall have a lien for the principal and interest, of the value, or the agreed price, of such labor, including benefits and wage supplements due or payable for the benefit of any laborer, or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien as prescribed in this chapter. Where the contract for an improvement is made with a husband or wife and the property belongs to the other or both, the husband or wife contract- ing shall also be presumed to be the agent of the other, unless such other having knowledge of the improvement shall, within ten days after learning of the contract give the contractor written notice of his or her refusal to consent to the improvement. Within the meaning of the S. 1506--B 75 provisions of this chapter, materials actually manufactured for but not delivered to the real property, shall also be deemed to be materials furnished. 2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL HAVE A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE VALUE OF THE WAGE CLAIM ARISING OUT OF THE EMPLOYMENT, INCLUDING LIQUIDATED DAMAGES PURSUANT TO SUBDIVISION ONE-A OF SECTION ONE HUNDRED NINETY- EIGHT, SECTION SIX HUNDRED SIXTY-THREE OR SECTION SIX HUNDRED EIGHTY-ONE OF THE LABOR LAW, OR 29 U.S.C. § 216 (B), FROM THE TIME OF FILING A NOTICE OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S LIEN BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTEREST IN REAL PROPERTY AND AGAINST THE EMPLOYER'S INTEREST IN PERSONAL PROPERTY THAT CAN BE SUFFICIENTLY DESCRIBED WITHIN THE MEANING OF SECTION 9-108 OF THE UNIFORM COMMERCIAL CODE, EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND TO DEPOSIT ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE. THE DEPARTMENT OF LABOR AND THE ATTOR- NEY GENERAL MAY OBTAIN AN EMPLOYEE'S LIEN FOR THE VALUE OF WAGE CLAIMS OF THE EMPLOYEES WHO ARE THE SUBJECT OF THEIR INVESTIGATIONS, COURT ACTIONS OR ADMINISTRATIVE AGENCY ACTIONS. 3. AS USED IN THIS ARTICLE AND UNLESS OTHERWISE SPECIFIED, A LIEN SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN. § 3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1 as amended by chapter 515 of the laws of 1929 and subdivision 2 as added by chapter 704 of the laws of 1985, are amended to read as follows: (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST REAL PROPERTY shall extend to the owner's right, title or interest in the real property and improvements, existing at the time of filing the notice of lien, or thereafter acquired, except as hereinafter in this article provided. If an owner assigns his interest in such real property by a general assignment for the benefit of creditors, within thirty days prior to such filing, the lien shall extend to the interest thus assigned. If any part of the real property subjected to such lien be removed by the owner or by any other person, at any time before the discharge thereof, such removal shall not affect the rights of the lienor, either in respect to the remaining real property, or the part so removed. If labor is performed for, or materials furnished to, a contractor or subcontractor for an improvement, the MECHANIC'S lien shall not be for a sum greater than the sum earned and unpaid on the contract at the time of filing the notice of lien, and any sum subse- quently earned thereon. In no case shall the owner be liable to pay by reason of all MECHANIC'S liens created pursuant to this article a sum greater than the value or agreed price of the labor and materials remaining unpaid, at the time of filing notices of such liens, except as hereinafter provided. (2) [Such] A MECHANIC'S OR EMPLOYEE'S lien shall not extend to the owner's right, title or interest in real property and improvements, existing at the time of filing the notice of lien if such lien arises from the failure of a lessee of the right to explore, develop or produce natural gas or oil, to pay for, compensate or render value for improve- ments made with the consent or at the request of such lessee by a contractor, subcontractor, materialman, equipment operator or owner, landscaper, nurseryman, or person or corporation who performs labor or furnishes materials for the exploration, development, or production of oil or natural gas or otherwise improves such leased property. Such MECHANIC'S OR EMPLOYEE'S lien shall extend to the improvements made for S. 1506--B 76 the exploration, development and production of oil and natural gas, and the working interest held by a lessee of the right to explore, develop or produce oil and natural gas. § 4. The opening paragraph of section 4-a of the lien law, as amended by chapter 696 of the laws of 1959, is amended to read as follows: The proceeds of any insurance which by the terms of the policy are payable to the owner of real property improved, and actually received or to be received by him because of the destruction or removal by fire or other casualty of an improvement on which lienors have performed labor or services or for which they have furnished materials, OR UPON WHICH AN EMPLOYEE HAS ESTABLISHED AN EMPLOYEE'S LIEN, shall after the owner has been reimbursed therefrom for premiums paid by him, if any, for such insurance, be subject to liens provided by this act to the same extent and in the same order of priority as the real property would have been had such improvement not been so destroyed or removed. § 5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended by chapter 515 of the laws of 1929, are amended to read as follows: 1. The name OF THE LIENOR, and EITHER THE residence of the lienor OR THE NAME AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if the lienor is a partnership or a corporation, the business address of such firm, or corporation, the names of partners and principal place of business, and if a foreign corporation, its principal place of business within the state. 2. The name of the owner of the [real] property against whose interest therein a lien is claimed, and the interest of the owner as far as known to the lienor. 5. The amount unpaid to the lienor for such labor or materials, OR THE AMOUNT OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT OF THE LIEN, THE ITEMS OF THE WAGE CLAIM AND THE VALUE THEREOF WHICH MAKE UP THE AMOUNT FOR WHICH THE LIENOR CLAIMS A LIEN. § 6. Subdivision 1 of section 10 of the lien law, as amended by chap- ter 367 of the laws of 2011, is amended to read as follows: 1. (A) Notice of MECHANIC'S lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final perform- ance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished; provided, howev- er, that where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of MECHANIC'S lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished; and provided further where the notice of MECHAN- IC'S lien is for retainage, the notice of MECHANIC'S lien may be filed within ninety days after the date the retainage was due to be released; except that in the case of a MECHANIC'S lien by a real estate broker, the notice of MECHANIC'S lien may be filed only after the performance of the brokerage services and execution of lease by both lessor and lessee and only if a copy of the alleged written agreement of employment or compensation is annexed to the notice of lien, provided that where the payment pursuant to the written agreement of employment or compensation is to be made in installments, then a notice of lien may be filed within eight months after the final payment is due, but in no event later than a date five years after the first payment was made. For purposes of this section, the term "single family dwelling" shall not include a dwelling S. 1506--B 77 unit which is a part of a subdivision that has been filed with a munici- pality in which the subdivision is located when at the time the lien is filed, such property in the subdivision is owned by the developer for purposes other than his personal residence. For purposes of this section, "developer" shall mean and include any private individual, partnership, trust or corporation which improves two or more parcels of real property with single family dwellings pursuant to a common scheme or plan. [The] (B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER THAN THREE YEARS FOLLOWING THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE CLAIM. (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must be filed in the clerk's office of the county where the property is situ- ated. If such property is situated in two or more counties, the notice of lien shall be filed in the office of the clerk of each of such coun- ties. The county clerk of each county shall provide and keep a book to be called the "lien docket," which shall be suitably ruled in columns headed "owners," "lienors," "lienor's attorney," "property," "amount," "time of filing," "proceedings had," in each of which he shall enter the particulars of the notice, properly belonging therein. The date, hour and minute of the filing of each notice of lien shall be entered in the proper column. Except where the county clerk maintains a block index, the names of the owners shall be arranged in such book in alphabetical order. The validity of the lien and the right to file a notice thereof shall not be affected by the death of the owner before notice of the lien is filed. A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE FILED, TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE. § 7. Section 11 of the lien law, as amended by chapter 147 of the laws of 1996, is amended to read as follows: § 11. Service of copy of notice of lien. 1. Within five days before or thirty days after filing the notice of A MECHANIC'S lien, the lienor shall serve a copy of such notice upon the owner, if a natural person, (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it at his last known place of residence in the city or town in which the real property or some part thereof is situated, with a person of suitable age and discretion, or (c) by registered or certified mail addressed to his last known place of residence, or (d) if such owner has no such residence in such city or town, or cannot be found, and he has no agent or attorney, by affixing a copy thereof conspicuously on such property, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon; if the owner be a corporation, said service shall be made (i) by deliv- ering such copy to and leaving the same with the president, vice-presi- dent, secretary or clerk to the corporation, the cashier, treasurer or a director or managing agent thereof, personally, within the state, or (ii) if such officer cannot be found within the state by affixing a copy thereof conspicuously on such property between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, or (iii) by regis- tered or certified mail addressed to its last known place of business. Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien. Until service of the notice has been made, as above provided, an owner, without knowledge of the lien, shall be protected in any payment made in good faith to any contractor or other person claim- ing a lien. S. 1506--B 78 2. WITHIN FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF AN EMPLOYEE'S LIEN, THE LIENOR SHALL SERVE A COPY OF SUCH NOTICE UPON THE EMPLOYER, IF A NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT OR ATTOR- NEY, OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR BUSI- NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO HIS LAST KNOWN PLACE OF RESIDENCE OR BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY THEREOF CONSPICUOUSLY ON SUCH PROPERTY, BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. THE LIENOR ALSO SHALL, WITHIN THIRTY DAYS AFTER FILING THE NOTICE OF EMPLOYEE'S LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED IN THE NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. IF THE EMPLOYER BE A CORPORATION, SAID SERVICE SHALL BE MADE (I) BY DELIVERING SUCH COPY TO AND LEAVING THE SAME WITH THE PRESIDENT, VICE-PRESIDENT, SECRETARY OR CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG- ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS- LY ON SUCH PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY DELIVERY TO THE SECRETARY OF THE DEPARTMENT OF STATE IN THE SAME MANNER AS REQUIRED BY SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION THREE HUNDRED SIX OF THE BUSINESS CORPORATION LAW. FAILURE TO FILE PROOF OF SUCH A SERVICE WITH THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE NOTICE OF LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE OF THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY OTHER PERSON CLAIMING A LIEN. § 8. Section 11-b of the lien law, as amended by chapter 147 of the laws of 1996, is amended to read as follows: § 11-b. Copy of notice of MECHANIC'S lien to a contractor or subcon- tractor. Within five days before or thirty days after filing a notice of MECHANIC'S lien in accordance with section ten of this chapter or the filing of an amendment of notice of MECHANIC'S lien in accordance with section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy of such notice or amendment by certified mail on the contractor, subcon- tractor, assignee or legal representative for whom he was employed or to whom he furnished materials or if the lienor is a contractor or subcon- tractor to the person, firm or corporation with whom the contract was made. A lienor having a direct contractual relationship with a subcon- tractor or a sub-subcontractor but not with a contractor shall also serve a copy of such notice or amendment by certified mail to the contractor. Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien. Any lienor, or a person acting on behalf of a lienor, who fails to serve a copy of the notice of MECHANIC'S lien as required by this section shall be liable for reasonable attorney's fees, costs and expenses, as determined by the court, incurred in obtaining such copy. § 9. Subdivision 1 of section 12-a of the lien law, as amended by chapter 1048 of the laws of 1971, is amended to read as follows: 1. Within sixty days after the original filing, a lienor may amend his lien upon twenty days notice to existing lienors, mortgagees and the owner, provided that no action or proceeding to enforce or cancel the S. 1506--B 79 mechanics' lien OR EMPLOYEE'S LIEN has been brought in the interim, where the purpose of the amendment is to reduce the amount of the lien, except the question of wilful exaggeration shall survive such amendment. § 10. Subdivision 1 of section 13 of the lien law, as amended by chap- ter 878 of the laws of 1947, is amended to read as follows: (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor performed in the improvement of real property, shall have priority over a conveyance, mortgage, judgment or other claim against such property not recorded, docketed or filed at the time of the filing of the notice of such lien, except as hereinafter in this chapter provided; over advances made upon any mortgage or other encumbrance thereon after such filing, except as hereinafter in this article provided; and over the claim of a creditor who has not furnished materials or performed labor upon such property, if such property has been assigned by the owner by a general assignment for the benefit of creditors, within thirty days before the filing of either of such notices; and also over an attachment hereafter issued or a money judgment hereafter recovered upon a claim, which, in whole or in part, was not for materials furnished, labor performed or moneys advanced for the improvement of such real property; and over any claim or lien acquired in any proceedings upon such judg- ment. Such liens shall also have priority over advances made upon a contract by an owner for an improvement of real property which contains an option to the contractor, his successor or assigns to purchase the property, if such advances were made after the time when the labor began or the first item of material was furnished, as stated in the notice of lien. If several buildings are demolished, erected, altered or repaired, or several pieces or parcels of real property are improved, under one contract, and there are conflicting liens thereon, each lienor shall have priority upon the particular part of the real property or upon the particular building or premises where his labor is performed or his materials are used. Persons shall have no priority on account of the time of filing their respective notices of liens, but all liens shall be on a parity except as hereinafter in section fifty-six of this chapter provided; and except that in all cases laborers for daily or weekly wages WITH A MECHANIC'S LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN, shall have preference over all other claimants under this article. § 11. Section 17 of the lien law, as amended by chapter 324 of the laws of 2000, is amended to read as follows: § 17. Duration of lien. 1. (A) No MECHANIC'S lien specified in this article shall be a lien for a longer period than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, and a notice of the pendency of such action, whether in a court of record or in a court not of record, is filed with the county clerk of the county in which the notice of lien is filed, containing the names of the parties to the action, the object of the action, a brief description of the real property affected thereby, and the time of filing the notice of lien; or unless an extension to such lien, except for a lien on real property improved or to be improved with a single family dwelling, is filed with the county clerk of the county in which the notice of lien is filed within one year from the filing of the original notice of lien, continuing such lien and such lien shall be redocketed as of the date of filing such extension. Such extension shall contain the names of the lienor and the owner of the real property against whose interest therein such lien is claimed, a brief description of the real property affected by such lien, the amount of such lien, and the date of filing the notice of lien. No lien shall S. 1506--B 80 be continued by such extension for more than one year from the filing thereof. In the event an action is not commenced to foreclose the lien within such extended period, such lien shall be extinguished unless an order be granted by a court of record or a judge or justice thereof, continuing such lien, and such lien shall be redocketed as of the date of granting such order and a statement made that such lien is continued by virtue of such order. A lien on real property improved or to be improved with a single family dwelling may only be extended by an order of a court of record, or a judge or justice thereof. No lien shall be continued by court order for more than one year from the granting there- of, but a new order and entry may be made in each of two successive years. If a lienor is made a party defendant in an action to enforce another lien, and the plaintiff or such defendant has filed a notice of the pendency of the action within the time prescribed in this section, the lien of such defendant is thereby continued. Such action shall be deemed an action to enforce the lien of such defendant lienor. The fail- ure to file a notice of pendency of action shall not abate the action as to any person liable for the payment of the debt specified in the notice of lien, and the action may be prosecuted to judgment against such person. The provisions of this section in regard to continuing liens shall apply to liens discharged by deposit or by order on the filing of an undertaking. Where a lien is discharged by deposit or by order, a notice of pendency of action shall not be filed. (B) A lien, the duration of which has been extended by the filing of a notice of the pendency of an action as above provided, shall neverthe- less terminate as a lien after such notice has been canceled as provided in section sixty-five hundred fourteen of the civil practice law and rules or has ceased to be effective as constructive notice as provided in section sixty-five hundred thirteen of the civil practice law and rules. 2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG- ER PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF THE COUNTY IN WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND THE OWNER OF THE REAL PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION OF THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND THE DATE OF FILING THE NOTICE OF LIEN. NO LIEN SHALL BE CONTINUED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK- ETED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER. (B) NO EMPLOYEE'S LIEN ON PERSONAL PROPERTY SHALL BE A LIEN FOR A LONGER PERIOD THAN ONE YEAR AFTER THE FINANCING STATEMENT HAS BEEN RECORDED, UNLESS AN EXTENSION TO SUCH LIEN, IS FILED WITH THE FILING OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE FILING OF THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH LIEN. SUCH EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND THE OWNER OF THE PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION OF THE PRIOR FINANCING STATEMENT TO BE EXTENDED, AND THE S. 1506--B 81 DATE OF FILING THE PRIOR FINANCING STATEMENT. NO LIEN SHALL BE CONTIN- UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REFILED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER. (C) IF A LIENOR IS MADE A PARTY DEFENDANT IN AN ACTION TO ENFORCE ANOTHER LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE OF THE PENDENCY OF THE ACTION WITHIN THE TIME PRESCRIBED IN THIS SECTION, THE LIEN OF SUCH DEFENDANT IS THEREBY CONTINUED. SUCH ACTION SHALL BE DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL- URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE OF LIEN, AND THE ACTION MAY BE PROSECUTED TO JUDGMENT AGAINST SUCH PERSON. THE PROVISIONS OF THIS SECTION IN REGARD TO CONTINUING LIENS SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING OF AN UNDERTAKING. WHERE A LIEN IS DISCHARGED BY DEPOSIT OR BY ORDER, A NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED. (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM WITHIN ONE YEAR FROM THE FILING OF THE NOTICE OF LIEN ON REAL PROPERTY OR THE RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY, THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE HUNDRED TWENTY DAYS FOLLOWING THE ENTRY OF FINAL JUDGMENT IN SUCH ACTION, UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR ADMINISTRATIVE ORDER IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR COMMENCES A FORECLOSURE ACTION, IN WHICH INSTANCE THE LIEN SHALL BE VALID DURING THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE PENDENCY OF A FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM, THE LIENOR SHALL FILE A NOTICE OF SUCH PENDENCY AND EXTENSION WITH THE COUNTY CLERK OF THE COUNTY IN WHICH THE NOTICE OF LIEN IS FILED, CONTAINING THE NAMES OF THE PARTIES TO THE ACTION, THE OBJECT OF THE ACTION, A BRIEF DESCRIPTION OF THE PROPERTY AFFECTED THEREBY, AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF A LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR- IZED TO ACCEPT FINANCING STATEMENTS PURSUANT TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE. FOR PURPOSES OF THIS SECTION, AN ACTION TO OBTAIN JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT OF COMPETENT JURISDICTION, THE SUBMISSION OF A COMPLAINT TO THE DEPART- MENT OF LABOR OR THE SUBMISSION OF A CLAIM TO ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT. AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A COMPLAINT. (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED, SHALL NEVERTHE- LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED IN SECTION SIXTY-FIVE HUNDRED FOURTEEN OF THE CIVIL PRACTICE LAW AND RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE AS PROVIDED IN SECTION SIXTY-FIVE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES. § 12. Subdivisions 2 and 4 of section 19 of the lien law, subdivision 2 as amended by chapter 310 of the laws of 1962, subdivision 4 as added by chapter 582 of the laws of 2002 and paragraph a of subdivision 4 as S. 1506--B 82 further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows: (2) By failure to begin an action to foreclose such lien or to secure an order continuing it, within one year from the time of filing the notice of lien, unless (I) an action be begun within the same period to foreclose a mortgage or another mechanic's lien upon the same property or any part thereof and a notice of pendency of such action is filed according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON A WAGE CLAIM PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS ARTICLE, but a lien, the duration of which has been extended by the filing of a notice of the pendency of an action as herein provided, shall nevertheless terminate as a lien after such notice has been cancelled or has ceased to be effective as constructive notice. (4) Either before or after the beginning of an action by the EMPLOYER, owner or contractor executing a bond or undertaking in an amount equal to one hundred ten percent of such lien conditioned for the payment of any judgment which may be rendered against the property OR EMPLOYER for the enforcement of the lien: a. The execution of any such bond or undertaking by any fidelity or surety company authorized by the laws of this state to transact busi- ness, shall be sufficient; and where a certificate of qualification has been issued by the superintendent of financial services under the provisions of section one thousand one hundred eleven of the insurance law, and has not been revoked, no justification or notice thereof shall be necessary. Any such company may execute any such bond or undertaking as surety by the hand of its officers, or attorney, duly authorized thereto by resolution of its board of directors, a certified copy of which resolution, under the seal of said company, shall be filed with each bond or undertaking. Any such bond or undertaking shall be filed with the clerk of the county in which the notice of lien is filed, and a copy shall be served upon the adverse party. The undertaking is effec- tive when so served and filed. If a certificate of qualification issued pursuant to subsections (b), (c) and (d) of section one thousand one hundred eleven of the insurance law is not filed with the undertaking, a party may except, to the sufficiency of a surety and by a written notice of exception served upon the adverse party within ten days after receipt, a copy of the undertaking. Exceptions deemed by the court to have been taken unnecessarily, or for vexation or delay, may, upon notice, be set aside, with costs. Where no exception to sureties is taken within ten days or where exceptions taken are set aside, the undertaking shall be allowed. b. In the case of bonds or undertakings not executed pursuant to para- graph a of this subdivision, the EMPLOYER, owner or contractor shall execute an undertaking with two or more sufficient sureties, who shall be free holders, to the clerk of the county where the premises are situ- ated. The sureties must together justify in at least double the sum named in the undertaking. A copy of the undertaking, with notice that the sureties will justify before the court, or a judge or justice there- of, at the time and place therein mentioned, must be served upon the lienor or his attorney, not less than five days before such time. Upon the approval of the undertaking by the court, judge or justice an order shall be made by such court, judge or justice discharging such lien. c. If the lienor cannot be found, or does not appear by attorney, service under this subsection may be made by leaving a copy of such undertaking and notice at the lienor's place of residence, or if a corporation at its principal place of business within the state as stat- S. 1506--B 83 ed in the notice of lien, with a person of suitable age and discretion therein, or if the house of his abode or its place of business is not stated in said notice of lien and is not known, then in such manner as the court may direct. The premises, if any, described in the notice of lien as the lienor's residence or place of business shall be deemed to be his said residence or its place of business for the purposes of said service at the time thereof, unless it is shown affirmatively that the person servicing the papers or directing the service had knowledge to the contrary. Notwithstanding the other provisions of this subdivision relating to service of notice, in any case where the mailing address of the lienor is outside the state such service may be made by registered or certified mail, return receipt requested, to such lienor at the mail- ing address contained in the notice of lien. d. Except as otherwise provided in this subdivision, the provisions of article twenty-five of the civil practice law and rules regulating undertakings is applicable to a bond or undertaking given for the discharge of a lien on account of private improvements OR OF AN EMPLOY- EE'S LIEN. § 13. Section 24 of the lien law, as amended by chapter 515 of the laws of 1929, is amended to read as follows: § 24. Enforcement of [mechanic's] lien. (1) REAL PROPERTY. The [mechanics'] liens ON REAL PROPERTY specified in this article may be enforced against the property specified in the notice of lien and which is subject thereto and against any person liable for the debt upon which the lien is founded, as prescribed in article three of this chapter. (2) PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY SPECI- FIED IN THIS ARTICLE MAY IMMEDIATELY BE ENFORCED AGAINST THE PROPERTY THROUGH A FORECLOSURE AS PRESCRIBED IN ARTICLE NINE OF THE UNIFORM COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER OF LABOR OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY BE ENFORCED IN ANY MANNER AVAILABLE TO THE JUDGMENT CREDITOR PURSUANT TO ARTICLE NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS. § 14. Section 26 of the lien law, as amended by chapter 373 of the laws of 1977, is amended to read as follows: § 26. Subordination of liens after agreement with owner. In case an owner of real property shall execute to one or more persons, or a corpo- ration, as trustee or trustees, a bond and mortgage or a note and mort- gage affecting such property in whole or in part, or an assignment of the moneys due or to become due under a contract for a building loan in relation to such property, and in case such mortgage, if any, shall be recorded in the office of the register of the county where such real property is situated, or if such county has no register then in the office of the clerk of such county, and in case such assignment, if any, shall be filed in the office of the clerk of the county where such real property is situated; and in case lienors having [mechanics'] liens against said real property, notices of which have been filed up to and not later than fifteen days after the recording of such mortgage or the filing of such assignment, and which liens have not been discharged as in this article provided, shall, to the extent of at least fifty-five per centum of the aggregate amount for which such notices of liens have been so filed, approve such bond and mortgage or such note and mortgage, if any, and such assignment, if any, by an instrument or instruments in writing, duly acknowledged and filed in the office of such county clerk, then all mechanics' liens for labor performed or material furnished prior to the recording of such mortgage or filing of such assignment, whether notices thereof have been theretofore or are thereafter filed S. 1506--B 84 and which have not been discharged as in this article provided, shall be subordinate to the lien of such trust bond and mortgage or such trust note and mortgage to the extent of the aggregate amount of all certif- icates of interest therein issued by such trustee or trustees, or their successors, for moneys loaned, materials furnished, labor performed and any other indebtedness incurred after said trust mortgage shall have been recorded, and for expenses in connection with said trust mortgage, and shall also be subordinate to the lien of the bond and mortgage or note and mortgage, given to secure the amount agreed to be advanced under such contract for a building loan to the extent of the amount which shall be advanced by the holder of such bond and mortgage or such note and mortgage to the trustee or trustees, or their successors, under such assignment. The provisions of this section shall apply to all bonds and mortgages and notes and mortgages and all assignments of moneys due, or to become due under building loan contracts executed by such owner, in like manner, and recorded or filed, from time to time as hereinbefore provided. In case of an assignment to trustees under the provisions of this section, the trustees and their successors shall be the agents of the assignor to receive and receipt for any and all sums advanced by the holder of the building loan bond and mortgage or the building loan note and mortgage under the building loan contract and such assignment. No lienor shall have any priority over the bond and mortgage or note and mortgage given to secure the money agreed to be advanced under a build- ing loan contract or over the advances made thereunder, by reason of any act preceding the making and approval of such assignment. § 15. Section 38 of the lien law, as amended by chapter 859 of the laws of 1930, is amended to read as follows: § 38. Itemized statement may be required of lienor. A lienor who has filed a notice of MECHANIC'S lien shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make up the amount for which he claims a lien, and which shall also set forth the terms of the contract under which such items were furnished. The statement shall be verified by the lienor or his agent in the form required for the verification of notices in section nine of this [chapter] ARTICLE. If the lienor shall fail to comply with such a demand within five days after the same shall have been made by the owner or contractor, or if the lienor delivers an insufficient statement, the person aggrieved may petition the supreme court of this state or any justice thereof, or the county court of the county where the premises are situated, or the county judge of such county for an order directing the lienor within a time specified in the order to deliver to the petitioner the statement required by this section. Two days' notice in writing of such application shall be served upon the lienor. Such service shall be made in the manner provided by law for the personal service of a summons. The court or a justice or judge thereof shall hear the parties and upon being satisfied that the lienor has failed, neglected or refused to comply with the requirements of this section shall have an appropriate order directing such compliance. In case the lienor fails to comply with the order so made within the time specified, then upon five days' notice to the lienor, served in the manner provided by law for the personal service of a summons, the court or a justice or judge thereof may make an order cancelling the lien. § 16. Section 39 of the lien law, as added by chapter 859 of the laws of 1930, is amended to read as follows: S. 1506--B 85 § 39. Lien wilfully exaggerated is void. In any action or proceeding to enforce a [mechanic's] lien upon a private or public improvement or in which the validity of the lien is an issue, if the court shall find that a lienor has wilfully exaggerated the amount for which he claims a lien as stated in his notice of lien, his lien shall be declared to be void and no recovery shall be had thereon. No such lienor shall have a right to file any other or further lien for the same claim. A second or subsequent lien filed in contravention of this section may be vacated upon application to the court on two days' notice. § 17. Section 40 of the lien law, as amended by chapter 515 of the laws of 1929, is amended to read as follows: § 40. Construction of article. This article is to be construed in connection with article two of this chapter, and provides proceedings for the enforcement of EMPLOYEE'S LIENS ON REAL PROPERTY, AS WELL AS liens for labor performed and materials furnished in the improvement of real property, created by virtue of such article. § 18. Section 41 of the lien law, as amended by chapter 807 of the laws of 1952, is amended to read as follows: § 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A mechanic's lien OR EMPLOYEE'S LIEN on real property may be enforced against such property, and against a person liable for the debt upon which the lien is founded, by an action, by the lienor, his assignee or legal representative, in the supreme court or in a county court other- wise having jurisdiction, regardless of the amount of such debt, or in a court which has jurisdiction in an action founded on a contract for a sum of money equivalent to the amount of such debt. § 19. Section 43 of the lien law, as amended by chapter 310 of the laws of 1962, is amended to read as follows: § 43. Action in a court of record; consolidation of actions. The provisions of the real property actions and proceedings law relating to actions for the foreclosure of a mortgage upon real property, and the sale and the distribution of the proceeds thereof apply to actions in a court of record, to enforce mechanics' liens AND EMPLOYEES' LIENS on real property, except as otherwise provided in this article. If actions are brought by different lienors in a court of record, the court in which the first action was brought, may, upon its own motion, or upon the application of any party in any of such actions, consolidate all of such actions. § 20. Section 46 of the lien law, as amended by chapter 515 of the laws of 1929, is amended to read as follows: § 46. Action in a court not of record. If an action to enforce a mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a court not of record, it shall be commenced by the personal service upon the owner of a summons and complaint verified in the same manner as a complaint in an action in a court of record. The complaint must set forth substantially the facts contained in the notice of lien, and the substance of the agreement under which the labor was performed or the materials were furnished, OR IF THE LIEN IS BASED UPON A WAGE CLAIM AS DEFINED IN SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH WAGE CLAIM. The form and contents of the summons shall be the same as provided by law for the commencement of an action upon a contract in such court. The summons must be returnable not less than twelve nor more than twenty days after the date of the summons, or if service is made by publica- tion, after the day of the last publication of the summons. Service must be made at least eight days before the return day. S. 1506--B 86 § 21. Section 50 of the lien law, as amended by chapter 515 of the laws of 1929, is amended to read as follows: § 50. Execution. Execution may be issued upon a judgment obtained in an action to enforce a mechanic's lien OR AN EMPLOYEE'S LIEN against real property in a court not of record, which shall direct the officer to sell the title and interest of the owner in the premises, upon which the lien set forth in the complaint existed at the time of filing the notice of lien. § 22. Section 53 of the lien law, as amended by chapter 515 of the laws of 1929, is amended to read as follows: § 53. Costs and disbursements. If an action is brought to enforce a mechanic's lien OR AN EMPLOYEE'S LIEN against real property in a court of record, the costs and disbursements shall rest in the discretion of the court, and may be awarded to the prevailing party. The judgment rendered in such an action shall include the amount of such costs and specify to whom and by whom the costs are to be paid. If such action is brought in a court not of record, they shall be the same as allowed in civil actions in such court. The expenses incurred in serving the summons by publication may be added to the amount of costs now allowed in such court. § 23. Section 59 of the lien law, as amended by chapter 515 of the laws of 1929, is amended to read as follows: § 59. Vacating of a [mechanic's] lien; cancellation of bond; return of deposit, by order of court. 1. A mechanic's lien notice of which has been filed on real property or a bond given to discharge the same may be vacated and cancelled or a deposit made to discharge a lien pursuant to section twenty OF THIS CHAPTER may be returned, by an order of a court of record. Before such order shall be granted, a notice shall be served upon the lienor, either personally or by leaving it as his last known place of residence, with a person of suitable age, with directions to deliver it to the lienor. Such notice shall require the lienor to commence an action to enforce the lien, within a time specified in the notice, not less than thirty days from the time of service, or show cause at a special term of a court of record, or at a county court, in a county in which the property is situated, at a time and place specified therein, why the notice of lien filed or the bond given should not be vacated and cancelled, or the deposit returned, as the case may be. Proof of such service and that the lienor has not commenced the action to foreclose such lien, as directed in the notice, shall be made by affidavit, at the time of applying for such order. 2. AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR A DEPOSIT MADE TO DISCHARGE A LIEN PURSUANT TO SECTION TWENTY OF THIS CHAPTER MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD. BEFORE SUCH ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER PERSONALLY OR BY LEAVING IT AT HIS LAST KNOWN PLACE OF RESIDENCE OR ATTORNEY'S PLACE OF BUSINESS, WITH A PERSON OF SUITABLE AGE, WITH DIRECTIONS TO DELIVER IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE LIENOR TO COMMENCE AN ACTION TO ENFORCE THE LIEN, OR TO COMMENCE AN ACTION TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON WHICH THE LIEN WAS ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY IS SITUATED, AT A TIME AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE S. 1506--B 87 LIENOR HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON WHICH THE LIEN WAS ESTAB- LISHED, AS DIRECTED IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE TIME OF APPLYING FOR SUCH ORDER. § 24. Section 62 of the lien law, as amended by chapter 697 of the laws of 1934, is amended to read as follows: § 62. Bringing in new parties. A lienor who has filed a notice of lien after the commencement of an action in a court of record to foreclose or enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or a public improvement, may at any time up to and including the day preceding the day on which the trial of such action is commenced, make application upon notice to the plaintiff or his attorney in such action, to be made a party therein. Upon good cause shown, the court must order such lienor to be brought in by amendment. If the application is made by any other party in said action to make such lienor or other person a party, the court may in its discretion direct such lienor or other person to be brought in by like amendment. The order to be entered on such application shall provide the time for and manner of serving the pleading of such additional lienor or other person and shall direct that the pleadings, papers and proceedings of the other several parties in such action, shall be deemed amended, so as not to require the making or serving of papers other than said order to effectuate such amendment, and shall further provide that the allegations in the answer of such additional lienor or other person shall, for the purposes of the action, be deemed denied by the other parties therein. The action shall be so conducted by the court as not to cause substantially any delay in the trial thereof. The bringing in of such additional lienor or other person shall be without prejudice to the proceedings had, and if the action be on the calendar of the court, same shall retain its place on such calendar without the necessity of serving a new note of issue and new notices of trial. § 25. Subdivision 3 of section 199-a of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows: 3. Each employee and his or her authorized representative shall be notified in writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI- GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION, of any award and collection of back wages and civil penalties, and of any intent to seek criminal penalties. In the event that criminal penal- ties are sought the employee and his or her authorized representative shall be notified of the outcome of prosecution. § 26. Subdivision 2 of section 663 of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows: 2. By commissioner. On behalf of any employee paid less than the wage to which the employee is entitled under the provisions of this article, the commissioner may bring any legal action necessary, including admin- istrative action, to collect such claim, and the employer shall be required to pay the full amount of the underpayment, plus costs, and unless the employer proves a good faith basis to believe that its under- payment was in compliance with the law, an additional amount as liqui- dated damages. Liquidated damages shall be calculated by the commission- er as no more than one hundred percent of the total amount of underpayments found to be due the employee. In any action brought by the commissioner in a court of competent jurisdiction, liquidated damages shall be calculated as an amount equal to one hundred percent of under- payments found to be due the employee. EACH EMPLOYEE OR HIS OR HER AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF S. 1506--B 88 ANY LEGAL ACTION BROUGHT ON THE EMPLOYEE'S BEHALF PURSUANT TO THIS SECTION. § 27. Subdivision 5 of section 6201 of the civil practice law and rules, as amended by chapter 860 of the laws of 1977 and as renumbered by chapter 618 of the laws of 1992, is amended and a new subdivision 6 is added to read as follows: 5. the cause of action is based on a judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, or on a judgment which qualifies for recognition under the provisions of article 53[.] OF THIS CHAPTER; OR 6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY- MENT CONTRACT. § 28. Section 6210 of the civil practice law and rules, as added by chapter 860 of the laws of 1977, is amended to read as follows: § 6210. Order of attachment on notice; temporary restraining order; contents. Upon a motion on notice for an order of attachment, the court may, without notice to the defendant, grant a temporary restraining order prohibiting the transfer of assets by a garnishee as provided in subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO SUBDIVISION SIX OF SECTION 6201, AND IF THE EMPLOYER CONTESTS THE MOTION, THE COURT SHALL HOLD A HEARING WITHIN TEN DAYS OF WHEN THE EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR ATTACHMENT IS DUE. The contents of the order of attachment granted pursuant to this section shall be as provided in subdivision (a) of section 6211. § 29. Subdivision (b) of section 6211 of the civil practice law and rules, as amended by chapter 566 of the laws of 1985, is amended to read as follows: (b) Confirmation of order. Except where an order of attachment is granted on the ground specified in subdivision one OR SIX of section 6201, an order of attachment granted without notice shall provide that within a period not to exceed five days after levy, the plaintiff shall move, on such notice as the court shall direct to the defendant, the garnishee, if any, and the sheriff, for an order confirming the order of attachment. Where an order of attachment without notice is granted on the ground specified in subdivision one OR SIX of section 6201, the court shall direct that the statement required by section 6219 be served within five days, that a copy thereof be served upon the plaintiff, and the plaintiff shall move within ten days after levy for an order confirming the order of attachment. If the plaintiff upon such motion shall show that the statement has not been served and that the plaintiff will be unable to satisfy the requirement of subdivision (b) of section 6223 until the statement has been served, the court may grant one exten- sion of the time to move for confirmation for a period not to exceed ten days. If plaintiff fails to make such motion within the required period, the order of attachment and any levy thereunder shall have no further S. 1506--B 89 effect and shall be vacated upon motion. Upon the motion to confirm, the provisions of subdivision (b) of section 6223 shall apply. An order of attachment granted without notice may provide that the sheriff refrain from taking any property levied upon into his actual custody, pending further order of the court. § 30. Subdivisions (b) and (e) of rule 6212 of the civil practice law and rules, subdivision (b) as separately amended by chapters 15 and 860 of the laws of 1977 and subdivision (e) as added by chapter 860 of the laws of 1977, are amended to read as follows: (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion for an order of attachment, the plaintiff shall give an undertaking, in a total amount fixed by the court, but not less than five hundred dollars, a specified part thereof conditioned that the plaintiff shall pay to the defendant all costs and damages, including reasonable attor- ney's fees, which may be sustained by reason of the attachment if the defendant recovers judgment or if it is finally decided that the plain- tiff was not entitled to an attachment of the defendant's property, and the balance conditioned that the plaintiff shall pay to the sheriff all of his allowable fees. 2. ON A MOTION FOR AN ATTACHMENT PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI- BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA- TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain- tiff shall not be liable to the sheriff for such fees. The surety on the undertaking shall not be discharged except upon notice to the sheriff. (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff shall be liable to the defendant for all costs and damages, including reasonable attorney's fees, which may be sustained by reason of the attachment if the defendant recovers judgment, or if it is finally decided that the plaintiff was not entitled to an attachment of the defendant's property. Plaintiff's liability shall not be limited by the amount of the undertaking. § 31. Section 6223 of the civil practice law and rules, as amended by chapter 860 of the laws of 1977, is amended to read as follows: § 6223. Vacating or modifying attachment. (a) Motion to vacate or modify. Prior to the application of property or debt to the satisfac- tion of a judgment, the defendant, the garnishee or any person having an interest in the property or debt may move, on notice to each party and the sheriff, for an order vacating or modifying the order of attachment. Upon the motion, the court may give the plaintiff a reasonable opportu- nity to correct any defect. [If] EXCEPT AS PROVIDED UNDER SUBDIVISION (B), IF, after the defendant has appeared in the action, the court determines that the attachment is unnecessary to the security of the plaintiff, it shall vacate the order of attachment. Such a motion shall not of itself constitute an appearance in the action. (b) Burden of proof. [Upon] EXCEPT WHERE AN ORDER OF ATTACHMENT IS GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, UPON a motion to vacate or modify an order of attachment the plaintiff shall have the burden of establishing the grounds for the attachment, the need for continuing the levy and the probability that he will succeed on the merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE DEFENDANT SHALL HAVE THE BURDEN TO DEMONSTRATE THAT THE ATTACHMENT IS UNNECESSARY TO THE S. 1506--B 90 SECURITY OF THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY THE ATTACHMENT ORDER. § 32. Paragraph (b) of section 624 of the business corporation law, as amended by chapter 449 of the laws of 1997, is amended to read as follows: (b) Any person who shall have been a shareholder of record of a corpo- ration, OR WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE, upon at least five days' written demand shall have the right to examine in person or by agent or attorney, during usual business hours, its minutes of the proceedings of its shareholders and record of sharehold- ers and to make extracts therefrom for any purpose reasonably related to such person's interest as a shareholder, LABORER, SERVANT OR EMPLOYEE. Holders of voting trust certificates representing shares of the corpo- ration shall be regarded as shareholders for the purpose of this section. Any such agent or attorney shall be authorized in a writing that satisfies the requirements of a writing under paragraph (b) of section 609 (Proxies). A corporation requested to provide information pursuant to this paragraph shall make available such information in written form and in any other format in which such information is main- tained by the corporation and shall not be required to provide such information in any other format. If a request made pursuant to this paragraph includes a request to furnish information regarding beneficial owners, the corporation shall make available such information in its possession regarding beneficial owners as is provided to the corporation by a registered broker or dealer or a bank, association or other entity that exercises fiduciary powers in connection with the forwarding of information to such owners. The corporation shall not be required to obtain information about beneficial owners not in its possession. § 33. Section 630 of the business corporation law, paragraph (a) as amended by chapter 5 of the laws of 2016, paragraph (c) as amended by chapter 746 of the laws of 1963, is amended to read as follows: § 630. Liability of shareholders for wages due to laborers, servants or employees. (a) The ten largest shareholders, as determined by the fair value of their beneficial interest as of the beginning of the period during which the unpaid services referred to in this section are performed, of every domestic corporation or of any foreign corporation, when the unpaid services were performed in the state, no shares of which are listed on a national securities exchange or regularly quoted in an over-the-counter market by one or more members of a national or an affiliated securities association, shall jointly and severally be personally liable for all debts, wages or salaries due and owing to any of its laborers, servants or employees other than contractors, for services performed by them for such corporation. [Before such laborer, servant or employee shall charge such shareholder for such services, he shall give notice in writing to such shareholder that he intends to hold him liable under this section. Such notice shall be given within one hundred and eighty days after termination of such services, except that if, within such period, the laborer, servant or employee demands an examination of the record of shareholders under paragraph (b) of section 624 (Books and records; right of inspection, prima facie evidence) of this article, such notice may be given within sixty days after he has been given the opportunity to examine the record of shareholders. An action to enforce such liabil- ity shall be commenced within ninety days after the return of an execution unsatisfied against the corporation upon a judgment recovered against it for such services.] The provisions of this paragraph shall S. 1506--B 91 not apply to an investment company registered as such under an act of congress entitled "Investment Company Act of 1940." (b) For the purposes of this section, wages or salaries shall mean all compensation and benefits payable by an employer to or for the account of the employee for personal services rendered by such employee INCLUD- ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S FEES OR COSTS. These shall specifically include but not be limited to salaries, overtime, vacation, holiday and severance pay; employer contributions to or payments of insurance or welfare benefits; employer contributions to pension or annuity funds; and any other moneys properly due or payable for services rendered by such employee. (c) A shareholder who has paid more than his pro rata share under this section shall be entitled to contribution pro rata from the other share- holders liable under this section with respect to the excess so paid, over and above his pro rata share, and may sue them jointly or severally or any number of them to recover the amount due from them. Such recov- ery may be had in a separate action. As used in this paragraph, "pro rata" means in proportion to beneficial share interest. Before a share- holder may claim contribution from other shareholders under this para- graph, he shall[, unless they have been given notice by a laborer, serv- ant or employee under paragraph (a),] give them notice in writing that he intends to hold them so liable to him. Such notice shall be given by him within twenty days after the date that [notice was given to him by] HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM LIABLE under paragraph (a). § 34. Subdivision (c) of section 609 of the limited liability company law, as added by chapter 537 of the laws of 2014, is amended to read as follows: (c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, the ten members with the largest percentage ownership interest, as determined as of the beginning of the period during which the unpaid services referred to in this section are performed, of every limited liability company, shall jointly and severally be personally liable for all debts, wages or salaries due and owing to any of its laborers, serv- ants or employees, for services performed by them for such limited liability company. [Before such laborer, servant or employee shall charge such member for such services, he or she shall give notice in writing to such member that he or she intends to hold such member liable under this section. Such notice shall be given within one hundred eighty days after termination of such services. An action to enforce such liability shall be commenced within ninety days after the return of an execution unsatisfied against the limited liability company upon a judg- ment recovered against it for such services.] A member who has paid more than his or her pro rata share under this section shall be entitled to contribution pro rata from the other members liable under this section with respect to the excess so paid, over and above his or her pro rata share, and may sue them jointly or severally or any number of them to recover the amount due from them. Such recovery may be had in a separate action. As used in this subdivision, "pro rata" means in proportion to percentage ownership interest. Before a member may claim contribution from other members under this section, he or she shall give them notice in writing that he or she intends to hold them so liable to him or her. § 35. Section 1102 of the limited liability company law is amended by adding a new subdivision (e) to read as follows: (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY- EE OF A LIMITED LIABILITY COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN S. 1506--B 92 DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR- NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE PERIOD OF TIME DURING WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA- NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA- GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT. UPON REFUSAL BY THE COMPANY OR BY AN OFFICER OR AGENT OF THE COMPANY TO PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF THE COMPANY IS LOCATED, UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT. UPON THE RETURN DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR- ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COURT SHALL GRANT AN ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO THE COURT MAY SEEM JUST AND PROPER. IF THE APPLICANT IS FOUND TO BE QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COMPANY SHALL PAY ALL REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT RELATED TO THE DEMAND FOR INSPECTION OF THE RECORDS. § 36. This act shall take effect on the thirtieth day after it shall have become a law. The procedures and rights created in this act may be used by employees, laborers or servants in connection with claims for liabilities that arose prior to the effective date. SUBPART B Section 1. Subdivision 4 of section 20.40 of the criminal procedure law is amended by adding a new paragraph (o) to read as follows: (O) AN OFFENSE OF WAGE THEFT AS DEFINED IN SECTION 155.50 OF THE PENAL LAW MAY BE PROSECUTED IN ANY COUNTY WHERE SERVICES WERE PROVIDED OR IN ANY COUNTY WHERE THE DEFENDANT AGREED TO PAY SUCH WAGES, REGARDLESS OF WHETHER WITHHELD WAGES FOR SERVICES PROVIDED IN TWO OR MORE COUNTIES WERE CHARGED AS AN AGGREGATE AMOUNT. § 2. The penal law is amended by adding a new section 155.50 to read as follows: § 155.50 WAGE THEFT; DEFINITION. FOR THE PURPOSES OF SECTIONS 155.55, 155.60, 155.65, 155.70 AND 155.75 OF THIS ARTICLE, A PERSON COMMITS WAGE THEFT WHEN HE OR SHE WITHHOLDS AGREED-UPON WAGES THAT WERE PROMISED IN EXCHANGE FOR THE PERFORMANCE OF SERVICES BY ANOTHER PERSON WHO HAS PERFORMED THE AGREED-UPON SERVICES, WITH AN INTENT TO DEPRIVE SUCH PERSON OF PROPERTY OR TO APPROPRIATE THE SAME TO HIMSELF OR HERSELF OR A THIRD PERSON. § 3. The penal law is amended by adding a new section 155.55 to read as follows: § 155.55 WAGE THEFT IN THE FIFTH DEGREE. A PERSON IS GUILTY OF WAGE THEFT IN THE FIFTH DEGREE WHEN HE OR SHE COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE. WAGE THEFT IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR. § 4. The penal law is amended by adding a new section 155.60 to read as follows: § 155.60 WAGE THEFT IN THE FOURTH DEGREE. S. 1506--B 93 A PERSON IS GUILTY OF WAGE THEFT IN THE FOURTH DEGREE WHEN HE OR SHE COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND WHEN: 1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS ONE THOUSAND DOLLARS; OR 2. HE OR SHE WITHHOLDS WAGES FROM TEN OR MORE PEOPLE. WAGE THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY. § 5. The penal law is amended by adding a new section 155.65 to read as follows: § 155.65 WAGE THEFT IN THE THIRD DEGREE. A PERSON IS GUILTY OF WAGE THEFT IN THE THIRD DEGREE WHEN HE OR SHE COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND WHEN: 1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS THREE THOUSAND DOLLARS; OR 2. HE OR SHE WITHHOLDS WAGES FROM TWENTY-FIVE OR MORE PEOPLE. WAGE THEFT IN THE THIRD DEGREE IS A CLASS D FELONY. § 6. The penal law is amended by adding a new section 155.70 to read as follows: § 155.70 WAGE THEFT IN THE SECOND DEGREE. A PERSON IS GUILTY OF WAGE THEFT IN THE SECOND DEGREE WHEN HE OR SHE COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND WHEN: 1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS FIFTY THOUSAND DOLLARS; OR 2. HE OR SHE WITHHOLDS WAGES FROM FIFTY OR MORE PEOPLE. WAGE THEFT IN THE SECOND DEGREE IS A CLASS C FELONY. § 7. The penal law is amended by adding a new section 155.75 to read as follows: § 155.75 WAGE THEFT IN THE FIRST DEGREE. A PERSON IS GUILTY OF WAGE THEFT IN THE FIRST DEGREE WHEN HE OR SHE COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND WHEN: 1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS ONE MILLION DOLLARS; OR 2. HE OR SHE WITHHOLDS WAGES FROM SEVENTY-FIVE OR MORE PEOPLE. WAGE THEFT IN THE FIRST DEGREE IS A CLASS B FELONY. § 8. Paragraph (c) of subdivision 2 of section 20.20 of the penal law, as amended by chapter 671 of the laws of 1986, is amended to read as follows: (c) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his employment and in behalf of the corporation, and the offense is (i) a misdemeanor or a violation, (ii) one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation, [or] (iii) any offense set forth in title twenty-seven of article seven- ty-one of the environmental conservation law, OR (IV) ANY OFFENSE SET FORTH IN SECTION 155.55, 155.60, 155.65, 155.70 OR 155.75 OF THIS CHAP- TER. § 9. This act shall take effect on the thirtieth day after it shall have become a law. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section S. 1506--B 94 or subpart thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately; provided, however, that the applicable effective date of Subparts A through B of this act shall be as specifically set forth in the last section of such Subparts. PART P Section 1. Section 522 of the labor law, as amended by chapter 720 of the laws of 1953, is amended to read as follows: § 522. Total unemployment. "Total unemployment" OR "TOTALLY UNEM- PLOYED" means the [total] lack of any employment [on] IN any [day] WEEK. The term "employment" as used in this section means any employment including that not defined in this title. § 2. Section 523 of the labor law, as amended by chapter 675 of the laws of 1977, is amended to read as follows: § 523. [Effective day. "Effective day" means a full day of total unem- ployment provided such day falls within a week in which a claimant had four or more days of total unemployment and provided further that only those days of total unemployment in excess of three days within such week are deemed "effective days". No effective day is deemed to occur in a week in which the claimant has days of employment for which he is paid compensation exceeding the highest benefit rate which is applicable to any claimant in such week. A claimant who is employed on a shift continuing through midnight is deemed to have been employed on the day beginning before midnight with respect to such shift, except where night shift employees are regularly scheduled to start their work week at seven post meridiem or thereafter on Sunday night, their regularly sche- duled starting time on Sunday shall be considered as starting on Monday.] PARTIAL UNEMPLOYMENT. "PARTIAL UNEMPLOYMENT" OR "PARTIALLY UNEMPLOYED" MEANS ANY WEEK IF THE TOTAL REMUNERATION OF ANY NATURE PAYA- BLE FOR SERVICES OF ANY KIND DURING SUCH WEEK AMOUNTS TO LESS THAN ONE AND ONE-HALF TIMES THE CLAIMANT'S BENEFIT RATE FOR TOTAL UNEMPLOYMENT ROUNDED TO THE LOWEST NEXT DOLLAR. FOR PURPOSES OF THIS SECTION, REMUN- ERATION SHALL ALSO INCLUDE ANY HOLIDAY OR VACATION PAY PAYABLE WITH RESPECT TO ANY SUCH WEEK, WHETHER OR NOT ANY SERVICE WAS PERFORMED DURING SUCH WEEK OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH HOLIDAY OR VACATION PAY. FOR PURPOSES OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER EARNINGS DERIVED FROM SELF-EMPLOYMENT, BUT ONLY TO THE EXTENT SUCH EARNINGS ARE ACTUALLY RECEIVED OR PAYABLE WITH RESPECT TO A GIVEN WEEK OF PARTIAL UNEMPLOYMENT. § 3. Section 524 of the labor law, as added by chapter 5 of the laws of 2000, is amended to read as follows: § 524. Week of employment. For purposes of this article, "week of employment" shall mean a Monday through Sunday period during which a claimant was paid remuneration for employment for an employer or employ- ers liable for contributions or for payments in lieu of contributions under this article. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START- ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY. S. 1506--B 95 § 4. Subdivision 4 of section 527 of the labor law, as amended by chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the laws of 1984, is amended to read as follows: 4. General condition. A valid original claim may be filed only in a week in which the claimant [has at least one effective day of unemploy- ment] IS TOTALLY UNEMPLOYED OR PARTIALLY UNEMPLOYED AS DEFINED IN THIS ARTICLE. § 5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph (e) of subdivision 1 of section 581 of the labor law, as amended by chapter 282 of the laws of 2002, are amended to read as follows: (i) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision ten of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid shall be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision ten of section five hundred ninety of this article. (ii) In those instances where the claimant may not utilize wages paid to establish entitlement based upon subdivision eleven of section five hundred ninety of this article and an educational institution is the claimant's last employer prior to the filing of the claim for benefits, or the claimant performed services in such educational institution in such capacity while employed by an educational service agency which is the claimant's last employer prior to the filing of the claim for bene- fits, such employer shall not be liable for benefit charges [for the first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise provided by this section. Under such circumstances, benefits paid will be charged to the general account. In addition, wages paid during the base period by such educational institutions, or for services in such educational institutions for claimants employed by an educational service agency shall not be considered base period wages during periods that such wages may not be used to gain entitlement to benefits pursuant to subdivision eleven of section five hundred ninety of this article. However, in those instances where a claimant was not afforded an oppor- tunity to perform services for the educational institution for the next academic year or term after reasonable assurance was provided, such employer shall be liable for benefit charges as provided for in this paragraph for any retroactive payments made to the claimant. (iii) In those instances where the federal government is the claim- ant's last employer prior to the filing of the claim for benefits and such employer is not a base-period employer, payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the federal government is the claimant's last S. 1506--B 96 employer prior to the filing of the claim for benefits and a base-period employer, such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those chargeable to the federal government as prescribed above shall be made to the general account. (iv) In those instances where a combined wage claim is filed pursuant to interstate reciprocal agreements and the claimant's last employer prior to the filing of the claim is an out-of-state employer and such employer is not a base-period employer, benefit payments [equaling the first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise prescribed by this section shall be charged to the general account. In those instances where the out-of-state employer is the last employer prior to the filing of the claim for benefits and a base-period employer such employer shall be liable for charges for all benefits paid on such claim in the same proportion that the remuneration paid by such employer during the base period bears to the remuneration paid by all employers during the base period. In addition, benefit payment charges [for the twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE- FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge- able to the out-of-state employer as prescribed above shall be made to the general account. § 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi- sions 6 and 7 of section 590 of the labor law, subdivisions 1 and 3 as amended by chapter 645 of the laws of 1951, subdivision 4 as amended by chapter 457 of the laws of 1987, paragraph (a) of subdivision 5 as amended by section 8 of part O of chapter 57 of the laws of 2013, subdi- vision 6 as added by chapter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws of 1977, and subdivision 7 as amended by chapter 415 of the laws of 1983, are amended and two new paragraphs (c) and (d) are added to subdivision 5 to read as follows: 1. Entitlement to benefits. A claimant shall be entitled to [accumu- late effective days for the purpose of benefit rights] THE PAYMENT OF BENEFITS only if he OR SHE has complied with the provisions of this article regarding the filing of his OR HER claim, including the filing of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY unemployed, reported his OR HER subsequent employment and unemployment, and reported for work or otherwise given notice of the continuance of his OR HER unemployment. 3. Compensable periods. Benefits shall be paid for each [accumulation of effective days within a] week OF PARTIAL UNEMPLOYMENT OR TOTAL UNEM- PLOYMENT. 4. Duration. Benefits shall not be paid for more than [one hundred and four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S WEEKLY BENEFIT RATE in any benefit year, except as provided in section six hundred one and subdivision two of section five hundred ninety-nine of this [chapter] TITLE. (a) A claimant's weekly benefit amount shall be one twenty-sixth of the remuneration paid during the highest calendar quarter of the base period by employers, liable for contributions or payments in lieu of contributions under this article, provided the claimant has remuneration paid in all four calendar quarters during his or her base period or S. 1506--B 97 alternate base period. However, for any claimant who has remuneration paid in all four calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contrib- utions under this article. A claimant's weekly benefit shall be one twenty-sixth of the average remuneration paid in the two highest quar- ters paid during the base period or alternate base period by employers liable for contributions or payments in lieu of contributions under this article when the claimant has remuneration paid in two or three calendar quarters provided however, that a claimant whose high calendar quarter is four thousand dollars or less but greater than three thousand five hundred seventy-five dollars shall have a weekly benefit amount of one twenty-sixth of such high calendar quarter. However, for any claimant who has remuneration paid in two or three calendar quarters during his or her base period or alternate base period and whose high calendar quarter remuneration during the base period is three thousand five hundred seventy-five dollars or less, the benefit amount shall be one twenty-fifth of the remuneration paid during the highest calendar quar- ter of the base period by employers liable for contributions or payments in lieu of contributions under this article. Any claimant whose high calendar quarter remuneration during the base period is more than three thousand five hundred seventy-five dollars shall not have a weekly bene- fit amount less than one hundred forty-three dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be lowered to the next multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly benefit amount shall not exceed three hundred sixty-five dollars nor be less than forty dollars, until the first Monday of September, two thousand, at which time the maximum benefit payable pursuant to this subdivision shall equal one-half of the state average weekly wage for covered employment as calculated by the department no sooner than July first, two thousand and no later than August first, two thousand, rounded down to the lowest dollar. On and after the first Monday of October, two thousand fourteen, the weekly benefit shall not be less than one hundred dollars, nor shall it exceed four hundred twenty dollars until the first Monday of October, two thousand fifteen when the maximum benefit amount shall be four hundred twenty-five dollars, until the first Monday of October, two thousand sixteen when the maximum benefit amount shall be four hundred thirty dollars, until the first Monday of October, two thousand seven- teen when the maximum benefit amount shall be four hundred thirty-five dollars, until the first Monday of October, two thousand eighteen when the maximum benefit amount shall be four hundred fifty dollars, until the first Monday of October, two thousand nineteen when the maximum benefit amount shall be thirty-six percent of the average weekly wage until the first Monday of October, two thousand twenty when the maximum benefit amount shall be thirty-eight percent of the average weekly wage, until the first Monday of October two thousand twenty-one when the maxi- mum benefit amount shall be forty percent of the average weekly wage, until the first Monday of October, two thousand twenty-two when the maximum benefit amount shall be forty-two percent of the average weekly wage, until the first Monday of October, two thousand twenty-three when the maximum benefit amount shall be forty-four percent of the average weekly wage, until the first Monday of October, two thousand twenty-four S. 1506--B 98 when the maximum benefit amount shall be forty-six percent of the aver- age weekly wage, until the first Monday of October, two thousand twen- ty-five when the maximum benefit amount shall be forty-eight percent of the average weekly wage, until the first Monday of October, two thousand twenty-six and each year thereafter on the first Monday of October when the maximum benefit amount shall be fifty percent of the average weekly wage provided, however, that in no event shall the maximum benefit amount be reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT. (C) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED THROUGHOUT A WEEK SHALL BE PAID WITH RESPECT TO SUCH WEEK AN AMOUNT EQUAL TO THE CLAIMANT'S BENEFIT RATE FOR TOTAL UNEMPLOYMENT REDUCED BY AN AMOUNT EQUAL TO TWO- THIRDS, ROUNDED TO THE NEXT LOWER WHOLE DOLLAR, OF THE TOTAL REMUNERA- TION, ROUNDED TO THE LOWER WHOLE DOLLAR, OF ANY NATURE PAYABLE TO THE CLAIMANT FOR SERVICES OF ANY KIND DURING SUCH WEEK. (D) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WHOSE EMPLOYMENT IS LIMITED TO ONE OR TWO DAYS DURING ANY WEEK OF UNEMPLOYMENT AND WHOSE PAID OR PAYABLE REMUNERATION FOR SUCH WEEK IS EQUAL TO OR LESS THAN THE WEEKLY MAXIMUM BENEFIT AMOUNT SHALL BE PAID: (1) FOR EMPLOYMENT LIMITED TO ONE DAY, A BENEFIT AMOUNT EQUAL TO THREE QUARTERS OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. (2) FOR EMPLOYMENT LIMITED TO TWO DAYS, A BENEFIT AMOUNT EQUAL TO FIFTY PERCENT OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENE- FIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. 6. Notification requirement. [No effective day shall be counted for any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY FOR ANY WEEK FOR which notification has been given in a manner prescribed by the commissioner. 7. Waiting period. A claimant shall not be entitled to [accumulate effective days for the purpose of] RECEIVE benefit payments until he OR SHE has [accumulated] COMPLETED a waiting period of [four effective days either wholly within the] ONE week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT in which he OR SHE established [his] A valid original claim [or partly within such week and partly] within his OR HER benefit year initiated by such claim. § 7. Subdivision 1, paragraph (a) of subdivision 3 and paragraph (a) of subdivision 6 of section 591 of the labor law, subdivision 1 as amended by chapter 413 of the laws of 2003, paragraph (a) of subdivision 3 as amended by chapter 794 of the laws of 1963 and paragraph (a) of subdivision 6 as added by section 13 of part O of chapter 57 of laws of 2013, are amended to read as follows: 1. Unemployment. Benefits, except as provided in section five hundred ninety-one-a of this title, shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. A claimant who is receiv- ing benefits under this article shall not be denied such benefits pursu- ant to this subdivision or to subdivision two of this section because of such claimant's service on a grand or petit jury of any state or of the United States. (a) [No benefits shall be] BENEFITS payable to a claimant for any day during a paid vacation period, or for a paid holiday, [nor shall any such day be considered a day of total unemployment under section five S. 1506--B 99 hundred twenty-two] SHALL BE CALCULATED AS PROVIDED IN SECTION FIVE HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY of this article. (a) No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay[, nor shall any day within such week be considered a day of total unemployment under section five hundred twenty-two of this article,] if such weekly dismissal pay exceeds the maximum weekly benefit rate. § 8. Subdivision 1 of section 591 of the labor law, as amended by chapter 446 of the laws of 1981, is amended to read as follows: 1. Unemployment. Benefits shall be paid only to a claimant who is totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage in his OR HER usual employment or in any other for which he OR SHE is reasonably fitted by training and experience. A claimant who is receiv- ing benefits under this article shall not be denied such benefits pursu- ant to this subdivision or to subdivision two of this section because of such claimant's service on a grand or petit jury of any state or of the United States. § 9. Subdivision 2 of section 592 of the labor law, as amended by chapter 415 of the laws of 1983, is amended to read as follows: 2. Concurrent payments prohibited. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE in any week with respect to which or a part of which a claimant has received or is seek- ing unemployment benefits under an unemployment compensation law of any other state or of the United States, provided that this provision shall not apply if the appropriate agency of such other state or of the United States finally determines that he OR SHE is not entitled to such unem- ployment benefits. § 10. Paragraph (a) of subdivision 1, the opening paragraph of subdi- vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para- graph (a) of subdivision 1, the opening paragraph of subdivision 2 and subdivision 3 as amended by section 15 of part O of chapter 57 of the laws of 2013 and subdivision 4 as amended by chapter 589 of the laws of 1998, are amended to read as follows: (a) No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY- MENT THAT OCCURS after a claimant's voluntary separation without good cause from employment until he or she has subsequently worked in employ- ment and earned remuneration at least equal to ten times his or her weekly benefit rate. In addition to other circumstances that may be found to constitute good cause, including a compelling family reason as set forth in paragraph (b) of this subdivision, voluntary separation from employment shall not in itself disqualify a claimant if circum- stances have developed in the course of such employment that would have justified the claimant in refusing such employment in the first instance under the terms of subdivision two of this section or if the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his or her right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for a temporary period and the employer has consented thereto. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY- MENT beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or she is reason- ably fitted by training and experience, including employment not subject S. 1506--B 100 to this article, until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevail- ing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed without good cause nor shall it disqualify any claimant otherwise eligi- ble to receive benefits if: 3. Misconduct. No [days of total unemployment shall be deemed to occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT THAT OCCURS after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. 4. Criminal acts. No [days of total unemployment shall be deemed to occur during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOY- MENT OR PARTIAL UNEMPLOYMENT FOR a period of twelve months after a claimant loses employment as a result of an act constituting a felony in connection with such employment, provided the claimant is duly convicted thereof or has signed a statement admitting that he or she has committed such an act. Determinations regarding a benefit claim may be reviewed at any time. Any benefits paid to a claimant prior to a determination that the claimant has lost employment as a result of such act shall not be considered to have been accepted by the claimant in good faith. In addition, remuneration paid to the claimant by the affected employer prior to the claimant's loss of employment due to such criminal act may not be utilized for the purpose of establishing entitlement to a subse- quent, valid original claim. The provisions of this subdivision shall apply even if the employment lost as a result of such act is not the claimant's last employment prior to the filing of his or her claim. § 11. Section 594 of the labor law, as amended by section 16 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 594. [Reduction and recovery] RECOVERY of benefits and penalties for wilful false statement. (1) A claimant who has wilfully made a false statement or representation to obtain any benefit under the provisions of this article shall [forfeit benefits for at least the first four but not more than the first eighty effective days following discovery of such offense for which he or she otherwise would have been entitled to receive benefits. Such penalty shall apply only once with respect to each such offense. (2) For the purpose of subdivision four of section five hundred ninety of this article, the claimant shall be deemed to have received benefits for such forfeited effective days. (3) The penalty provided in this section shall not be confined to a single benefit year but shall no longer apply in whole or in part after the expiration of two years from the date of the final determination. Such two-year period shall be tolled during the time period a claimant has an appeal pending] BE SUBJECT TO THE PENALTIES SET FORTH IN THIS SECTION. [(4)] (2) A claimant shall refund all moneys received because of such false statement or representation and pay a civil penalty in an amount S. 1506--B 101 equal to the greater of one hundred dollars or fifteen percent of the total overpaid benefits determined pursuant to this section. The penal- ties collected hereunder shall be deposited in the fund. The penalties assessed under this subdivision shall apply and be assessed for any benefits paid under federal unemployment and extended unemployment programs administered by the department in the same manner as provided in this article. The penalties in this section shall be in addition to any penalties imposed under this chapter or any state or federal crimi- nal statute. No penalties or interest assessed pursuant to this section may be deducted or withheld from benefits. [(5)] (3) (a) Upon a determination based upon a willful false state- ment or representation becoming final through exhaustion of appeal rights or failure to exhaust hearing rights, the commissioner may recover the amount found to be due by commencing a civil action, or by filing with the county clerk of the county where the claimant resides the final determination of the commissioner or the final decision by an administrative law judge, the appeal board, or a court containing the amount found to be due including interest and civil penalty. The commis- sioner may only make such a filing with the county clerk when: (i) The claimant has responded to requests for information prior to a determination and such requests for information notified the claimant of his or her rights to a fair hearing as well as the potential conse- quences of an investigation and final determination under this section including the notice required by subparagraph (iii) of paragraph (b) of this subdivision. Additionally if the claimant requested a fair hearing or appeal subsequent to a determination, that the claimant was present either in person or through electronic means at such hearing, or subse- quent appeal from which a final determination was rendered; (ii) The commissioner has made efforts to collect on such final deter- mination; and (iii) The commissioner has sent a notice, in accordance with paragraph (b) of this subdivision, of intent to docket such final determination by first class or certified mail, return receipt requested, ten days prior to the docketing of such determination. (b) The notice required in subparagraph (iii) of paragraph (a) of this subdivision shall include the following: (i) That the commissioner intends to docket a final determination against such claimant as a judgment; (ii) The total amount to be docketed; and (iii) Conspicuous language that reads as follows: "Once entered, a judgment is good and can be used against you for twenty years, and your money, including a portion of your paycheck and/or bank account, may be taken. Also, a judgment will hurt your credit score and can affect your ability to rent a home, find a job, or take out a loan." § 11-a. Section eleven of this act shall apply to all false statements and representations determined on or after the effective date of this act and all forfeited effective days determined prior to such effective date shall remain in full force and effect for two years from the expi- ration of the initial determination. For purposes of applying such forfeited benefits, four effective days shall be considered one week of forfeited benefits and any remaining amount of less than four days shall not be applied to future benefits. § 12. Subdivisions 1 and 4 of section 596 of the labor law, subdivi- sion 1 as amended by chapter 204 of the laws of 1982 and subdivision 4 as added by chapter 705 of the laws of 1944 and as renumbered by section S. 1506--B 102 148-a of part B of chapter 436 of the laws of 1997, are amended to read as follows: 1. Claim filing and certification to unemployment. A claimant shall file a claim for benefits [at] WITH the [local state employment office serving the area in which he was last employed or in which he resides] DEPARTMENT OF LABOR within such time and in such manner as the commis- sioner shall prescribe. He OR SHE shall disclose whether he OR SHE owes child support obligations, as hereafter defined. If a claimant making such disclosure is eligible for benefits, the commissioner shall notify the state or local child support enforcement agency, as hereafter defined, that the claimant is eligible. A claimant shall correctly report any [days of] employment and any compensation [he] received for such employment, including [employments] EMPLOYMENT not subject to this article, and the days on which he OR SHE was totally UNEMPLOYED OR PARTIALLY unemployed and shall make such reports in accordance with such regulations as the commissioner shall prescribe. 4. Registration and reporting for work. A claimant shall register as totally UNEMPLOYED OR PARTIALLY unemployed at a local state employment office serving the area in which he OR SHE was last employed or in which he OR SHE resides in accordance with such regulations as the commission- er shall prescribe. After so registering, such claimant shall report for work at the same local state employment office or otherwise give notice of the continuance of his OR HER unemployment as often and in such manner as the commissioner shall prescribe. § 12-a. Intentionally omitted. § 13. Paragraph (a) of subdivision 2 of section 599 of the labor law, as amended by chapter 593 of the laws of 1991, is amended to read as follows: (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to [one hundred four effective days] TWENTY-SIX TIMES HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The [duration] AMOUNT of such additional benefits shall in no case exceed twice the [number of effective days] AMOUNT of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. § 14. The opening paragraph and paragraph (e) of subdivision 2 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: Extended benefits shall be payable to a claimant for [effective days occurring in] any week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT within an eligibility period, provided the claimant (e) is not claiming benefits pursuant to an interstate claim filed under the interstate benefit payment plan in a state where an extended benefit period is not in effect, except that this condition shall not apply with respect to the first [eight effective days] TWO WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT for which extended benefits shall otherwise be payable pursuant to an interstate claim filed under the interstate benefit payment plan; and S. 1506--B 103 § 15. Subdivisions 3 and 4 and paragraphs (b) and (e) of subdivision 5 of section 601 of the labor law, as amended by chapter 35 of the laws of 2009, are amended to read as follows: 3. Extended benefit amounts; rate and duration. Extended benefits shall be paid to a claimant (a) at a rate equal to his or her rate for regular benefits during his or her applicable benefit year but (b) for not more than [fifty-two effective days with respect to his or her applicable benefit year, with a total maximum amount equal to] fifty percentum of the total maximum amount of regular benefits payable in such benefit year, and (c) if a claimant's benefit year ends within an extended benefit peri- od, the remaining balance of extended benefits to which he or she would be entitled, if any, shall be reduced by the [number of effective days] AMOUNT OF BENEFITS for which he or she was entitled to receive trade readjustment allowances under the federal trade act of nineteen hundred seventy-four during such benefit year, and (d) for periods of high unemployment for not more than [eighty effec- tive days with respect to the applicable benefit year with a total maxi- mum amount equal to] eighty percent of the total maximum amount of regu- lar benefits payable in such benefit year. 4. Charging of extended benefits. The provisions of paragraph (e) of subdivision one of section five hundred eighty-one of this article shall apply to benefits paid pursuant to the provisions of this section, and if they were paid for [effective days] WEEKS OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT occurring in weeks following the end of a benefit year, they shall be deemed paid with respect to that benefit year. However, except for governmental entities as defined in section five hundred sixty-five and Indian tribes as defined in section five hundred sixty-six of this article, only one-half of the amount of such benefits shall be debited to the employers' account; the remainder thereof shall be debited to the general account, and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act. Notwithstanding the foregoing, where the state has entered an extended benefit period triggered pursuant to subparagraph one of paragraph (a) of subdivision one of this section for which federal law provides for one hundred percent federal sharing of the costs of benefits, all charg- es shall be debited to the general account and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act or other federal law providing for one hundred percent federal shar- ing for the cost of such benefits. (b) No [days of total unemployment shall be deemed to occur in] BENE- FITS SHALL BE PAYABLE FOR any week within an eligibility period during which a claimant fails to accept any offer of suitable work or fails to apply for suitable work to which he or she was referred by the commis- sioner, who shall make such referral if such work is available, or during which he or she fails to engage actively in seeking work by making a systematic and sustained effort to obtain work and providing tangible evidence of such effort, and until he or she has worked in employment during at least four subsequent weeks and earned remuneration of at least four times his or her benefit rate. (e) No [days of total unemployment] BENEFITS shall be [deemed to occur in] PAYABLE FOR any week within an eligibility period under section five hundred ninety-three of this [article] TITLE, until he or she has subse- S. 1506--B 104 quently worked in employment in accordance with the requirements set forth in section five hundred ninety-three of this [article] TITLE. § 16. Section 603 of the labor law, as amended by section 21 of part O of chapter 57 of the laws of 2013, is amended to read as follows: § 603. Definitions. For purposes of this title: "Total unemployment" AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any employment on any day,] HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other than with an employer applying for a shared work program. "Work force" shall mean the total work force, a clearly identifiable unit or units thereof, or a particular shift or shifts. The work force subject to reduction shall consist of no less than two employees. § 17. Severability. If any amendment contained in a clause, sentence, paragraph, section or part of this act shall be adjudged by the United States Department of Labor to violate requirements for maintaining bene- fit standards required of the state in order to be eligible for any financial benefit offered through federal law or regulation, such amend- ments shall be severed from this act and shall not affect, impair or invalidate the remainder thereof. § 18. This act shall take effect on the ninetieth day after the commissioner of labor certifies that the department of labor has an information technology system capable of accommodating the provisions in this act; provided that the commissioner of labor shall notify the legislative bill drafting commission of the date of such certification in order that the commission may maintain an accurate and timely effec- tive database of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law. Effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. Provided further that the amendments to subdivision 1 of section 591 of the labor law made by section seven of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 10 of chapter 413 of the laws of 2003, when upon such date the provisions of section eight of this act shall take effect. PART Q Section 1. Subdivision 1 of section 296 of the executive law is amended by adding a new paragraph (h) to read as follows: (H) FOR AN EMPLOYER OR EMPLOYMENT AGENCY IN WRITING OR OTHERWISE, TO RELY ON, OR INQUIRE ABOUT, THE SALARY HISTORY INFORMATION OF AN APPLI- CANT FOR EMPLOYMENT AS A FACTOR IN DETERMINING WHETHER TO OFFER EMPLOY- MENT TO AN APPLICANT OR WHAT SALARY TO OFFER AN APPLICANT. NOTHING IN THIS SUBDIVISION SHALL PREVENT AN APPLICANT FROM VOLUNTARILY AND WITHOUT PROMPTING DISCLOSING SALARY HISTORY INFORMATION TO A PROSPECTIVE EMPLOY- ER. IF AN APPLICANT VOLUNTEERS SALARY HISTORY INFORMATION, NOTHING SHALL PROHIBIT THAT EMPLOYER FROM CONSIDERING OR RELYING ON THAT INFORMATION. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT AN EMPLOYER, WITHOUT INQUIR- ING ABOUT SALARY HISTORY, FROM ENGAGING IN DISCUSSION WITH THE APPLICANT ABOUT THEIR EXPECTATIONS WITH RESPECT TO SALARY, BENEFITS, AND OTHER COMPENSATION. THIS PARAGRAPH SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN EMPLOYER, EMPLOYMENT AGENCY, OR EMPLOYEE OR AGENT THEREOF PURSUANT TO ANY FEDERAL, STATE, OR LOCAL LAW THAT SPECIFICALLY AUTHORIZES THE DISCLOSURE OR VERIFICATION OF SALARY HISTORY INFORMATION FOR EMPLOYMENT PURPOSES, OR SPECIFICALLY REQUIRES KNOWLEDGE OF SALARY HISTORY INFORMA- S. 1506--B 105 TION TO DETERMINE AN EMPLOYEE'S COMPENSATION. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO PREEMPT OR SUPERSEDE ANY LOCAL LAW, THE PROVISIONS OF WHICH ARE NO LESS STRINGENT OR RESTRICTIVE THAN THE PROVISIONS OF THIS PARAGRAPH. § 2. The section heading and subdivision 1 of section 194 of the labor law, the section heading as added by chapter 548 of the laws of 1966 and subdivision 1 as amended by chapter 362 of the laws of 2015, are amended to read as follows: Differential in rate of pay because of [sex] PROTECTED CLASS STATUS prohibited. 1. No employee WHO IS A MEMBER OF A PROTECTED CLASS shall be paid a wage at a rate less than the rate at which an employee [of the opposite sex] WHO IS NOT A MEMBER OF THE PROTECTED CLASS in the same establishment is paid for [equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions] SUBSTANTIALLY SIMILAR WORK, WHEN VIEWED AS A COMPOSITE OF SKILL, EFFORT, AND RESPONSIBILITY, AND PERFORMED UNDER SIMILAR WORKING CONDITIONS, except where payment is made pursuant to a differential based on: a. a seniority system; b. a merit system; c. a system which measures earnings by quantity or quality of production; or d. a bona fide factor other than [sex] THE PROTECTED CLASS STATUS, such as education, training, or experience. Such factor: (i) shall not be based upon [or derived from] a [sex-based] differential in compen- sation THAT WAS ORIGINALLY DERIVED FROM A PROTECTED CLASS STATUS and (ii) shall be job-related with respect to the position in question and shall be consistent with business necessity. Such exception under this paragraph shall not apply when the employee demonstrates (A) that an employer uses a particular employment practice that causes a disparate impact on the basis of [sex] PROTECTED CLASS STATUS, (B) that an alter- native employment practice exists that would serve the same business purpose and not produce such differential, and (C) that the employer has refused to adopt such alternative practice. § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART R Intentionally Omitted PART S Section 1. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN: (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER- ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY. § 2. Subdivision 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 4. It shall be an unlawful discriminatory practice for an [education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of S. 1506--B 106 article four of the real property tax law] EDUCATIONAL INSTITUTION to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age or marital status, except that any such insti- tution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex. § 3. This act shall take effect immediately. PART T Intentionally Omitted PART U Intentionally Omitted PART V Intentionally Omitted PART W Section 1. This act shall be known and may be cited as the "pension poaching prevention act". § 2. Legislative findings and intent. Nationally, veterans and their family members are often subject to a practice commonly called pension poaching. This troubling practice, as described in recent reports from the Federal Trade Commission, the Federal Government Accountability Office, the United States Department of Veterans Affairs, and several other entities, generally target elderly or disabled veterans and their family members. Pension poaching involves dishonest financial planners, insurance agents, and other professionals luring veterans and their family members to pay substantial funds for veterans' benefits services that the offering entity is unqualified to provide and that can detri- mentally impact the future financial situations of the veteran and his or her dependents. Entities engaging in pension poaching tend to use high-pressure sales tactics directed toward potential customers, falsely guaranteeing bene- fits for veterans and their families even when the advertising entity lacks the federal accreditation required by law to file such claims and appeals for federal veterans' benefits. Often, they persuade veterans and their family members to abruptly move most or all of their assets to potentially qualify for certain federal veterans benefits, frequently causing veterans and their family members to unwittingly lose control over their assets and adversely affecting the ability of veterans and their families to qualify for Medicaid and other important benefits in the future. These entities frequently charge extremely high fees for these services, even in matters where federal law expressly prohibits such fees. Through this legislation, the legislature intends to restrain this harmful and deceptive practice within New York State, providing neces- sary protections to the men and women of this state who courageously served in our nation's armed forces. § 3. The general business law is amended by adding a new section 349-f to read as follows: S. 1506--B 107 § 349-F. PENSION POACHING PREVENTION. 1. FOR PURPOSES OF THIS SECTION: (A) THE TERM "VETERANS' BENEFITS MATTER" MEANS THE PREPARATION, PRES- ENTATION, OR PROSECUTION OF ANY CLAIM AFFECTING ANY PERSON WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A CLAIM FOR ANY BENEFIT, PROGRAM, SERVICE, COMMODITY, FUNCTION, OR STATUS, ENTITLEMENT WHICH IS DETERMINED UNDER THE LAWS AND REGULATIONS ADMINISTERED BY THE UNITED STATES DEPART- MENT OF VETERANS AFFAIRS OR THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS PERTAINING TO VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND ANY OTHER PARTY ELIGIBLE FOR SUCH BENEFITS. (B) THE TERM "COMPENSATION" MEANS MONEY, PROPERTY, OR ANYTHING ELSE OF VALUE. (C) THE TERM "ENTITY" INCLUDES, BUT IS NOT LIMITED TO, ANY NATURAL PERSON, CORPORATION, TRUST, PARTNERSHIP, ALLIANCE, OR UNINCORPORATED ASSOCIATION. 2. (A) NO ENTITY SHALL RECEIVE COMPENSATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER, EXCEPT AS PERMITTED UNDER TITLE 38 OF THE UNITED STATES CODE AND THE CORRESPONDING PROVISIONS WITHIN TITLE 38 OF THE UNITED STATES CODE OF FEDERAL REGULATIONS. (B) NO ENTITY SHALL RECEIVE COMPENSATION FOR REFERRING ANY PARTY TO ANOTHER INDIVIDUAL TO ADVISE OR ASSIST THIS PARTY WITH ANY VETERANS' BENEFITS MATTER. (C) ANY ENTITY SEEKING TO RECEIVE COMPENSATION FOR ADVISING OR ASSIST- ING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER SHALL, BEFORE RENDERING ANY SERVICES, MEMORIALIZE ALL TERMS REGARDING THE PARTY'S PAYMENT OF FEES FOR SERVICES RENDERED IN A WRITTEN AGREEMENT, SIGNED BY BOTH PARTIES, THAT ADHERES TO ALL CRITERIA SPECIFIED WITHIN TITLE 38, SECTION 14.636, OF THE UNITED STATES CODE OF FEDERAL REGULATIONS. (D) NO ENTITY SHALL RECEIVE ANY FEES FOR ANY SERVICES RENDERED BEFORE THE DATE ON WHICH A NOTICE OF DISAGREEMENT IS FILED WITH RESPECT TO THE PARTY'S CASE. (E) NO ENTITY SHALL GUARANTEE, EITHER DIRECTLY OR BY IMPLICATION, THAT ANY PARTY IS CERTAIN TO RECEIVE SPECIFIC VETERANS' BENEFITS OR THAT ANY PARTY IS CERTAIN TO RECEIVE A SPECIFIC LEVEL, PERCENTAGE, OR AMOUNT OF VETERANS' BENEFITS. (F) NO ENTITY SHALL RECEIVE EXCESSIVE OR UNREASONABLE FEES AS COMPEN- SATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER. THE FACTORS ARTICULATED WITHIN TITLE 38, SECTION 14.636 OF THE CODE OF FEDERAL REGULATIONS SHALL GOVERN DETERMINATIONS OF WHETHER A FEE IS EXCESSIVE OR UNREASONABLE. 3. (A) NO ENTITY SHALL ADVISE OR ASSIST FOR COMPENSATION ANY PARTY WITH ANY VETERANS' BENEFITS MATTER WITHOUT CLEARLY PROVIDING, AT THE OUTSET OF THIS BUSINESS RELATIONSHIP, THE FOLLOWING DISCLOSURE, BOTH ORALLY AND IN WRITING: "THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHAR- TERED VETERANS SERVICE ORGANIZATION. OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHAR- TERED VETERANS SERVICE ORGANIZATIONS, MAY BE ABLE TO PROVIDE YOU WITH THIS SERVICE FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSI- NESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETERANS' BENEFITS BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES HERE." THE WRITTEN DISCLOSURE MUST APPEAR IN AT LEAST TWELVE-POINT FONT AND MUST APPEAR IN A READILY NOTICEABLE AND IDENTIFIABLE PLACE IN THE ENTITY'S AGREEMENT WITH THE PARTY SEEKING SERVICES. THE PARTY MUST VERBALLY ACKNOWLEDGE UNDERSTANDING OF THE ORAL S. 1506--B 108 DISCLOSURE AND MUST PROVIDE HIS OR HER SIGNATURE TO REPRESENT UNDER- STANDING OF THESE PROVISIONS ON THE DOCUMENT IN WHICH THE WRITTEN DISCLOSURE APPEARS. THE ENTITY OFFERING SERVICES MUST RETAIN A COPY OF THE WRITTEN DISCLOSURE WHILE PROVIDING VETERANS' BENEFITS SERVICES FOR COMPENSATION TO THE PARTY AND FOR AT LEAST ONE YEAR AFTER THE DATE ON WHICH THIS SERVICE RELATIONSHIP TERMINATES. (B) NO ENTITY SHALL ADVERTISE FOR-COMPENSATION SERVICES IN VETERANS BENEFITS MATTERS WITHOUT INCLUDING THE FOLLOWING DISCLOSURE: "THIS BUSI- NESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPART- MENT OF VETERANS AFFAIRS, THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGAN- IZATION. OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGANIZA- TIONS, MAY BE ABLE TO PROVIDE YOU WITH THESE SERVICES FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETER- ANS' BENEFITS BEYOND THE SERVICES THAT THIS BUSINESS OFFERS." IF THE ADVERTISEMENT IS PRINTED, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS VISIBLE TO INTERNET USERS, THE DISCLOSURE MUST APPEAR IN A READILY VISI- BLE PLACE ON THE ADVERTISEMENT. IF THE ADVERTISEMENT IS VERBAL, THE SPOKEN STATEMENT OF THE DISCLOSURE MUST BE CLEAR AND INTELLIGIBLE. 4. (A) ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A DECEPTIVE ACT IN THE CONDUCT OF BUSINESS, TRADE, OR COMMERCE, AND SHALL BE SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED FORTY NINE OF THIS ARTICLE, INCLUDING ANY RIGHT OF ACTION AND CORRESPONDING PENALTIES DESCRIBED WITHIN SUCH SECTION. (B) IF AN ENTITY'S VIOLATION OF THIS SECTION CONCERNS A PARTY WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER, SAID ENTITY MAY BE LIABLE FOR SUPPLE- MENTAL CIVIL PENALTIES AS ESTABLISHED WITHIN, AND SUBJECT OF THE TERMS OF, SECTION THREE HUNDRED FORTY-NINE-C OF THIS ARTICLE. 5. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS EVER HELD INVALID, THE REMAINDER OF THIS ACT OR THE APPLICATION OF ITS PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES SHALL REMAIN UNAFFECTED. § 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. PART X Section 1. Subdivision 21-f of section 292 of the executive law, as added by chapter 369 of the laws of 2015, is amended to read as follows: 21-f. The term "pregnancy-related condition" means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, INCLUDING BUT NOT LIMITED TO LACTA- TION; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article. § 2. This act shall take effect immediately. PART Y S. 1506--B 109 Intentionally Omitted PART Z Intentionally Omitted PART AA Section 1. The opening paragraph of section 5-211 of the election law, as amended by chapter 265 of the laws of 2013, is amended to read as follows: Each agency designated as a participating agency under the provisions of this section shall implement and administer a program of distribution of voter registration forms pursuant to the provisions of this section. The following offices which provide public assistance and/or provide state funded programs primarily engaged in providing services to persons with disabilities are hereby designated as voter registration agencies: designated as the state agencies which provide public assistance are the office of children and family services, the office of temporary and disability assistance and the department of health. Also designated as public assistance agencies are all agencies of local government that provide such assistance. Designated as state agencies that provide programs primarily engaged in providing services to people with disabil- ities are the department of labor, office for the aging, division of veterans' [affairs] SERVICES, office of mental health, office of voca- tional and educational services for individuals with disabilities, commission on quality of care for the mentally disabled, office of mental retardation and developmental disabilities, commission for the blind, office of alcoholism and substance abuse services, the office of the advocate for the disabled and all offices which administer programs established or funded by such agencies. Additional state agencies desig- nated as voter registration offices are the department of state and the division of workers' compensation. Such agencies shall be required to offer voter registration forms to persons upon initial application for services, renewal or recertification for services and change of address relating to such services. Such agencies shall also be responsible for providing assistance to applicants in completing voter registration forms, receiving and transmitting the completed application form from all applicants who wish to have such form transmitted to the appropriate board of elections. The state board of elections shall, together with representatives of the department of defense, develop and implement procedures for including recruitment offices of the armed forces of the United States as voter registration offices when such offices are so designated by federal law. The state board shall also make request of the United States Immigration and Naturalization Service to include applications for registration by mail with any materials which are given to new citizens. All institutions of the state university of New York and the city university of New York, shall, at the beginning of the school year, and again in January of a year in which the president of the United States is to be elected, provide an application for registra- tion to each student in each such institution. The state board of elections may, by regulation, grant a waiver from any or all of the requirements of this section to any office or program of an agency, if it determines that it is not feasible for such office or program to administer such requirement. S. 1506--B 110 § 2. Subdivision 8 of section 31 of the executive law, as amended by section 106 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 8. The division of veterans' [affairs] SERVICES. § 2-a. Paragraph (e) of subdivision 1 of section 169 of the executive law, as amended by section 9 of part A of chapter 60 of the laws of 2012, is amended to read as follows: (e) chairman of state athletic commission, director of the office of victim services, chairman of human rights appeal board, chairman of the industrial board of appeals, chairman of the state commission of correction, members of the board of parole, member-chairman of unemploy- ment insurance appeal board, director of veterans' [affairs] SERVICES, and vice-chairman of the workers' compensation board; § 3. Subdivision 1 of section 191 of the executive law, as added by chapter 285 of the laws of 1995, is amended to read as follows: 1. There is hereby established within the division of military and naval affairs a temporary advisory committee on the restoration and display of New York state's military battle flags (hereinafter referred to as the "committee"). The committee shall have thirteen members as follows: the adjutant general, the director of the New York state mili- tary heritage museum, the commissioners of education and parks, recre- ation and historic preservation and the director of the division of veterans' [affairs] SERVICES, or their designated representatives, two members appointed each by the governor, speaker of the assembly and majority leader of the senate and one member each appointed by the minority leaders of the senate and assembly and shall serve at the plea- sure of the appointing authority. Appointed members shall include indi- viduals with experience in restoration of historical memorabilia, exper- tise in military history, or a background in historical restoration or fine arts conservation. No appointed member shall be a member of the executive, legislative or judicial branch of the state government at the time of his/her appointment. The advisory committee shall meet at least four times a year. No members shall receive any compensation, but members who are not state officials may receive actual and necessary expenses incurred in the performance of their duties. § 4. The article heading of article 17 of the executive law is amended to read as follows: VETERANS' [AFFAIRS] SERVICES § 5. Subdivisions 1 and 2 of section 350 of the executive law are amended to read as follows: 1. The term "division" means the division of veterans' [affairs] SERVICES. 2. The term "state director" means the New York state director of veterans' [affairs] SERVICES. § 6. Section 351 of the executive law is amended to read as follows: § 351. Division of veterans' [affairs] SERVICES. There is hereby created in the executive department a division of veterans' [affairs] SERVICES. The head of such division shall be the New York state direc- tor of veterans' [affairs] SERVICES who shall be a veteran. He shall be appointed by the governor and shall hold office during his pleasure. Such state director shall receive an annual salary to be fixed by the governor within the limitation provided by law. He shall also be enti- tled to receive his expenses actually and necessarily incurred by him in the performance of his duties. The state director, with the approval of the governor, may establish such bureaus within the division as are necessary and appropriate to carrying out its functions and may consol- S. 1506--B 111 idate or abolish such bureaus. The state director may appoint such offi- cers, consultants, clerks and other employees and agents as he may deem necessary, fix their compensation within the limitation provided by law, and prescribe their duties. § 7. The section heading and subdivisions 1 and 5 of section 352 of the executive law, as amended by chapter 501 of the laws of 1993, are amended to read as follows: Veterans' [affairs] SERVICES commission. 1. There shall be in the division a veterans' [affairs] SERVICES commission, which shall consist of the members and the ex officio members provided for in this section. 5. The commission shall have power, and it shall be its duty, to assist the state director in the formulation of policies affecting veterans and in the coordination of all operations of state agencies relating to veterans' [affairs] SERVICES. § 8. Section 354-a of the executive law, as amended by section 95 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: § 354-a. Information on status of veterans receiving assistance. Departments, divisions, bureaus, boards, commissions and agencies of the state and political subdivisions thereof, which provide assistance, treatment, counseling, care, supervision or custody in service areas involving health, mental health, family services, criminal justice or employment, including but not limited to the office of alcoholism and substance abuse services, office of mental health, office of probation and correctional alternatives, office of children and family services, office of temporary and disability assistance, department of health, department of labor, local workforce investment boards, office for people with developmental disabilities, and department of corrections and community supervision, shall request assisted persons to provide information with regard to their veteran status and military experi- ences. Individuals identifying themselves as veterans shall be advised that the division of veterans' [affairs] SERVICES and local veterans' service agencies established pursuant to section three hundred fifty- seven of this article provide assistance to veterans regarding benefits under federal and state law. Information regarding veterans status and military service provided by assisted persons solely to implement this section shall be protected as personal confidential information under article six-A of the public officers law against disclosure of confiden- tial material, and used only to assist in the diagnosis, treatment, assessment and handling of the veteran's problems within the agency requesting such information and in referring the veteran to the division of veterans' [affairs] SERVICES for information and assistance with regard to benefits and entitlements under federal and state law. § 9. Paragraph (b) of subdivision 1 of section 361-b of the executive law, as amended by chapter 515 of the laws of 2011, is amended to read as follows: (b) "Division" shall mean the state division of veterans' [affairs] SERVICES. § 10. Section 362 of the executive law, as amended by chapter 251 of the laws of 2004, is amended to read as follows: § 362. Creation of annuity. 1. Payment to veterans. a. Any veteran as defined in this article who has been or is hereafter classified by the New York State commission for the visually handicapped as a blind person as defined in section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen, as amended, and continues to be a blind person within the meaning of that section, shall, upon application to S. 1506--B 112 the director of the division of veterans' [affairs] SERVICES, be paid out of the treasury of the state for such term as such veteran shall be entitled thereto under the provisions of this article, the sum of one thousand dollars annually, plus any applicable annual adjustment, as provided in this section. b. The entitlement of any veteran to receive the annuity herein provided shall terminate upon his or her ceasing to continue to be a resident of and domiciled in the state, but such entitlement may be reinstated upon application to the director of veterans' [affairs] SERVICES, if such veteran shall thereafter resume his or her residence and domicile in the state. c. The effective date of an award of the annuity to a veteran shall be the date of receipt of the application therefor by the director of veterans' [affairs] SERVICES, except that if the application is denied but is granted at a later date upon an application for reconsideration based upon new evidence, the effective date of the award of the annuity to a veteran shall be the date of receipt of the application for recon- sideration by the director of veterans' [affairs] SERVICES. 2. Payment to widows and widowers of blind veterans. a. The unremar- ried spouse of a veteran who heretofore has died or the unremarried spouse of a veteran dying hereafter, such veteran being at the time of her or his death a recipient of, or eligible for, the benefits above provided, shall, upon application to the director of veterans' [affairs] SERVICES, also be paid out of the treasury of the state the sum of one thousand dollars annually, plus any applicable annual adjustment, for such term as such unremarried spouse shall be entitled thereto under the provisions of this article. b. The entitlement of any widow or widower to receive the annuity herein provided shall terminate upon her or his death or re-marriage or upon her or his ceasing to continue to be a resident of and domiciled in the state of New York, but such entitlement may be reinstated upon application to the director of veterans' [affairs] SERVICES, if such widow or widower shall thereafter resume her or his residence and domi- cile in the state. c. The effective date of an award of the annuity to a widow or widower shall be the day after the date of death of the veteran if the applica- tion therefor is received within one year from such date of death. If the application is received after the expiration of the first year following the date of the death of the veteran, the effective date of an award of the annuity to a widow or widower shall be the date of receipt of the application by the director of veterans' [affairs] SERVICES. If an application is denied but is granted at a later date upon an applica- tion for reconsideration based upon new evidence, the effective date of the award of the annuity to a widow or widower shall be the date of receipt of the application for reconsideration by the director of veter- ans' [affairs] SERVICES. 3. Annual adjustment. Commencing in the year two thousand five, and for each year thereafter, the amount of any annuity payable under this section shall be the same amount as the annuity payable in the preceding year plus a percentage adjustment equal to the annual percentage increase, if any, for compensation and pension benefits administered by the United States Department of Veterans' Affairs in the previous year. Such percentage increase shall be rounded up to the next highest one- tenth of one percent and shall not be less than one percent nor more than four percent. Commencing in the year two thousand five, the direc- tor of veterans' [affairs] SERVICES, not later than February first of S. 1506--B 113 each year, shall publish by any reasonable means the amount of the annu- ity as adjusted payable under this section. § 10-a. Subdivisions 1 and 2 of section 363 of the executive law, subdivision 1 as added by chapter 424 of the laws of 1961, and subdivi- sion 2 as amended by chapter 1052 of the laws of 1971, are amended to read as follows: 1. The evidence of such service, blindness, residence and domicile, or of such marriage, widowhood, residence and domicile in each case shall be furnished in the manner and form prescribed by the director of veter- ans' [affairs] SERVICES who shall examine the same. 2. Upon being satisfied that such service was performed, that other facts and statements in the application of such veteran or widow are true and that the said veteran has been classified by the New York state commission for the visually handicapped as a blind person, where such veteran is not receiving or not entitled to receive a benefit from any existing retirement system to which the state is a contributor, unless such veteran shall have become disabled by reason of loss of sight, while engaged in employment entitling him to receive a benefit from any existing retirement system to which the state is a contributor, and as a result of such disability has retired from such employment and is receiving or is entitled to receive a benefit from such retirement system the director of veterans' [affairs] SERVICES shall certify to the state comptroller the name and address of such veteran or widow. § 10-b. Subdivisions 3 and 5 of section 364 of the executive law, subdivision 3 as added by chapter 424 of the laws of 1961, and subdivi- sion 5 as amended by chapter 115 of the laws of 1981, are amended to read as follows: 3. Where any veteran is disqualified for the annuity for any period solely by reason of the provisions of subdivision two of this section, the director of veterans' [affairs] SERVICES shall pay to his [wife] OR HER SPOUSE, if any, the annuity which such veteran would receive for that period but for said subdivision two. 5. Where payment of the annuity as hereinbefore authorized is to be made to a mentally incompetent person or a conservatee, such payment may be authorized by the director of veterans' [affairs] SERVICES of the state to be paid only to a duly qualified court-appointed committee or conservator, legally vested with the care of such incompetent's person or property or of such conservatee's property, except that in the case of an incompetent annuitant for whom a committee has not been appointed or a person under a substantial impairment [within the meaning of the conservatorship provisions of article seventy-seven of the mental hygiene law] for whom a conservator has not been appointed and who is hospitalized in a United States veterans' administration hospital or in a hospital under the jurisdiction of the state of New York, the director of veterans' [affairs] SERVICES of the state may in his discretion certify payment of the annuity, as hereinbefore authorized, to the manager of such veterans' administration hospital or to the director of such state hospital for the account of the said incompetent or substan- tially impaired annuitant. § 11. The third undesignated paragraph of subdivision 1 and the open- ing paragraphs of paragraphs (a) and (b), paragraph (g), the opening paragraph and clause 6 of subparagraph (ii) of paragraph (h) of subdivi- sion 2 of section 365 of the executive law, as added by section 5 of part W of chapter 57 of the laws of 2013, are amended to read as follows: S. 1506--B 114 The legislature additionally finds and determines that it is therefore necessary to provide for the construction and establishment of one or more New York state veterans cemeteries, and that to thereafter, provide for the expansion, improvement, support, operation, maintenance and the provision of perpetual care of all such cemeteries so constructed and established. The legislature also finds and determines that it is appro- priate to have the responsibility for the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care for veterans cemeteries in this state, to be under the oversight and direction of the state division of veterans [affairs] SERVICES, and its director, individually, and as chair of the management board, for each such veterans cemetery so constructed and established. 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] VETERANS' cemetery. Such investigation and study shall include, but not be limited to: Prior to the commencement of the investigation and study pursuant to paragraph (a) of this subdivision, the director of the division of veterans' [affairs] SERVICES, the director of the division of the budg- et, the director of the department of state's division of cemeteries, and the office of the state comptroller must certify to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate finance committee and the chair of the assembly ways and means committee that the veterans remembrance and cemetery mainte- nance 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 cemetery 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' [affairs] 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: (g) Nothing in this section shall be construed to authorize the divi- sion of veterans' [affairs] SERVICES to commence an investigation and study pursuant 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] VETERANS' cemetery pursuant to paragraph (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 seek- ing funds to support the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care of New York state's first [veterans] VETERANS' cemetery pursuant to paragraph (e) of this subdivision until the funds in the S. 1506--B 115 veterans remembrance and cemetery maintenance and operation fund have been certified pursuant to paragraph (b) of this subdivision. Guidelines and standards for the request for proposals for any local government desiring to have the first state [veterans] VETERANS' ceme- tery located within its political subdivision, pursuant to paragraph (b) of this subdivision, including, but not limited to: (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' [affairs] 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 § 12. Subdivision 3 of section 369-d of the executive law, as added by chapter 557 of the laws of 2013, is amended to read as follows: 3. establish and maintain, together with the director of the division of veterans' [affairs] SERVICES, a program to educate separating service members as to the benefits available to veterans under this article. § 13. Paragraph (c) of subdivision 4 of section 369-i of the executive law, as added by chapter 22 of the laws of 2014, is amended to read as follows: (c) Evaluate and assess availability of firms for the purpose of increasing participation of such firms in state contracting in consulta- tion with relevant state entities including, but not limited to, the New York state division of veterans' [affairs] SERVICES. § 14. Subdivision 1 of section 643 of the executive law, as amended by section 107 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. As used in this section, "crime victim-related agency" means any agency of state government which provides services to or deals directly with crime victims, including (a) the office of children and family services, the office for the aging, the division of [veterans affairs] VETERANS' SERVICES, the office of probation and correctional alterna- tives, the department of corrections and community supervision, the office of victim services, the department of motor vehicles, the office of vocational rehabilitation, the workers' compensation board, the department of health, the division of criminal justice services, the office of mental health, every transportation authority and the division of state police, and (b) any other agency so designated by the governor within ninety days of the effective date of this section. § 15. Subdivisions 3 and 4 of section 95-f of the state finance law, as added by chapter 266 of the laws of 2005, are amended to read as follows: 3. Monies of the fund shall be expended for the provision of veterans' counseling services provided by local veterans' service agencies pursu- ant to section three hundred fifty-seven of the executive law under the direction of the division of veterans' [affairs] SERVICES. 4. To the extent practicable, the director of the division of veter- ans' [affairs] SERVICES shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year. S. 1506--B 116 § 16. The opening paragraph of subdivision 2-a and subdivision 5 of section 97-mmmm of the state finance law, the opening paragraph of subdivision 2-a as amended by section 27-c of part UU of chapter 54 of the laws of 2016, and subdivision 5 as added by section 2 of part W of chapter 57 of the laws of 2013, are amended to read as follows: On or before the first day of February each year, the director of the New York state division of veterans' [affairs] SERVICES shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on veterans, homeland security and military affairs, chair of the assembly veterans' affairs committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: 5. Moneys shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the director of the division of [veterans affairs] VETERANS' SERVICES. § 17. Subdivision 1, the opening paragraph of subdivision 2-a and subdivisions 4 and 5 of section 99-v of the state finance law, subdivi- sions 1, 4 and 5 as added by chapter 428 of the laws of 2014, and the opening paragraph of subdivision 2-a as amended by section 27-d of part UU of chapter 54 of the laws of 2016, are amended to read as follows: 1. There is hereby established in the joint custody of the commission- er of taxation and finance, the New York state director of [veterans affairs] VETERANS' SERVICES and the comptroller, a special fund to be known as the "homeless veterans assistance fund". On or before the first day of February each year, the director of the New York state division of veterans' [affairs] SERVICES shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on veterans, homeland security and military affairs, chair of the assembly veterans' affairs committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: 4. Moneys of the fund shall be expended only for the assistance and care of homeless veterans, for housing and housing-related expenses, as determined by the division of [veterans affairs] VETERANS' SERVICES. 5. Moneys shall be paid out of the fund on the audit and warrant of the comptroller on vouchers approved and certified by the New York state director of [veterans affairs] VETERANS' SERVICES. Any interest received by the comptroller on moneys on deposit in the homeless veter- ans assistance fund shall be retained in and become part of such fund. § 18. Subdivision 1 of section 168 of the labor law, as amended by section 117 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. This section shall apply to all persons employed by the state in the ward, cottage, colony, kitchen and dining room, and guard service personnel in any hospital, school, prison, reformatory or other institu- tion within or subject to the jurisdiction, supervision, control or visitation of the department of corrections and community supervision, the department of health, the department of mental hygiene, the depart- ment of social welfare or the division of veterans' [affairs] SERVICES in the executive department, and engaged in the performance of such duties as nursing, guarding or attending the inmates, patients, wards or other persons kept or housed in such institutions, or in protecting and S. 1506--B 117 guarding the buildings and/or grounds thereof, or in preparing or serv- ing food therein. § 19. Subdivision 3 of section 404-v of the vehicle and traffic law, as amended by chapter 266 of the laws of 2005, is amended to read as follows: 3. A distinctive plate issued pursuant to this section shall be issued in the same manner as other number plates upon the payment of the regu- lar registration fee prescribed by section four hundred one of this article, provided, however, that an additional annual service charge of fifteen dollars shall be charged for such plate. Such annual service charge shall be deposited to the credit of the Eighth Air Force Histor- ical Society fund established pursuant to section ninety-five-f of the state finance law and shall be used for veterans' counseling services provided by local veterans' service agencies pursuant to section three hundred fifty-seven of the executive law under the direction of the division of veterans' [affairs] SERVICES. Provided, however, that one year after the effective date of this section funds in the amount of five thousand dollars, or so much thereof as may be available, shall be allocated to the department to offset costs associated with the production of such license plates. § 20. Subdivision 3 of section 11-0707 of the environmental conserva- tion law, as amended by section 92 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 3. Any person who is a patient at any facility in this state main- tained by the United States Veterans' Administration or at any hospital or sanitorium for treatment of tuberculosis maintained by the state or any municipal corporation thereof or resident patient at any institution of the department of Mental Hygiene, or resident patient at the rehabil- itation hospital of the department of Health, or at any rest camp main- tained by the state through the Division of Veterans' [Affairs] SERVICES in the Executive Department or any inmate of a conservation work camp within the youth rehabilitation facility of the department of corrections and community supervision, or any inmate of a youth opportu- nity or youth rehabilitation center within the Office of Children and Family Services, any resident of a nursing home or residential health care facility as defined in subdivisions two and three of section twen- ty-eight hundred one of the public health law, or any staff member or volunteer accompanying or assisting one or more residents of such nurs- ing home or residential health care facility on an outing authorized by the administrator of such nursing home or residential health care facil- ity may take fish as if he held a fishing license, except that he may not take bait fish by net or trap, if he has on his person an authori- zation upon a form furnished by the department containing such identify- ing information and data as may be required by it, and signed by the superintendent or other head of such facility, institution, hospital, sanitarium, nursing home, residential health care facility or rest camp, as the case may be, or by a staff physician thereat duly authorized so to do by the superintendent or other head thereof. Such authorization with respect to inmates of said conservation work camps shall be limited to areas under the care, custody and control of the department. § 21. Subdivision 5 of section 2805-b of the public health law, as amended by chapter 64 of the laws of 2016, is amended to read as follows: 5. The staff of a general hospital shall: (a) inquire whether or not the person admitted has served in the United States armed forces. Such information shall be listed on the admissions form; (b) notify any S. 1506--B 118 admittee who is a veteran of the possible availability of services at a hospital operated by the veterans administration, and, upon request by the admittee, such staff shall make arrangements for the individual's transfer to a veterans administration operated hospital, provided, however, that transfers shall be authorized only after it has been determined, according to accepted clinical and medical standards, that the patient's condition has stabilized and transfer can be accomplished safely and without complication; and (c) provide any admittee who has served in the United States armed forces with a copy of the "Information for Veterans concerning Health Care Options" fact sheet, maintained by the division of veterans' [affairs] SERVICES pursuant to subdivision twenty-three of section three hundred fifty-three of the executive law prior to discharging or transferring the patient. The commissioner shall promulgate rules and regulations for notifying such admittees of possi- ble available services and for arranging a requested transfer. § 22. Subdivisions 2 and 3 of section 2805-o of the public health law, subdivision 2 as amended by chapter 95 of the laws of 2004, and subdivi- sion 3 as added by chapter 158 of the laws of 1993, are amended to read as follows: 2. Every nursing home and residential health care facility shall in writing advise all individuals identifying themselves as veterans or spouses of veterans that the division of veterans' [affairs] SERVICES and local veterans' service agencies established pursuant to section three hundred fifty-seven of the executive law to provide assistance to veterans and their spouses regarding benefits under federal and state law. Such written information shall include the name, address and tele- phone number of the New York state division of veterans' [affairs] SERVICES, the nearest division of veterans' [affairs] SERVICES office, the nearest county or city veterans' service agency and the nearest accredited veterans' service officer. 3. Every nursing home and residential health care facility, upon request of individuals identifying themselves as veterans or spouses of veterans, shall transmit such veteran status information to the division of veterans' [affairs] SERVICES. § 23. Subdivision 2 of section 3802 of the public health law, as added by chapter 1135 of the laws of 1971, is amended to read as follows: 2. In the exercise of the foregoing powers and duties the commissioner shall consult with the director of the division of veterans' [affairs] SERVICES and the heads of state agencies charged with responsibility for manpower and health resources. § 24. Subdivision 3 of section 3803 of the public health law, as amended by chapter 743 of the laws of 2006, is amended to read as follows: 3. In exercising any of his or her powers under this section, the commissioner shall consult with appropriate health care professionals, providers, veterans or organizations representing them, the division of veterans' [affairs] SERVICES, the federal department of veterans' affairs and the United States defense department. § 25. Section 99-v of the general municipal law, as added by chapter 16 of the laws of 2011, is amended to read as follows: § 99-v. Veterans [affairs] SERVICES; display of events. Each county, city, town or village may adopt a local law to provide a bulletin board to be conspicuously displayed in such county, city, town or village building holding its local legislative body or municipal offices. Such bulletin board shall be used by veterans organizations, the New York state division of veterans' [affairs] SERVICES, the county veterans S. 1506--B 119 service agency or city veterans service agency to display information regarding veterans in such county, city, town or village. Such informa- tion may include, but not be limited to, benefits or upcoming veterans related events in the community. § 26. Subdivision 1-b of section 247 of the military law, as added by chapter 477 of the laws of 2013, is amended to read as follows: 1-b. The adjutant general is hereby authorized to present in the name of the legislature of the state of New York, a certificate, to be known as the "Cold War Certificate", bearing a suitable inscription, to any person: (i) who is a citizen of the state of New York or (ii) who was a citizen of the state of New York while serving in the armed forces of the United States; (iii) who served in the United States Armed Forces during the period of time from September second, nineteen hundred forty-five through December twenty-sixth, nineteen hundred ninety-one, commonly known as the Cold War Era; and (iv) who was honorably discharged or released under honorable circumstances during the Cold War Era. Not more than one Cold War Certificate shall be awarded or presented, under the provisions of this subdivision, to any person whose entire service subsequent to the time of the receipt of such medal shall not have been honorable. In the event of the death of any person during or subsequent to the receipt of such certificate it shall be presented to such representative of the deceased as may be designated. The adju- tant general, in consultation with the director of the division of veterans' [affairs] SERVICES, shall make such rules and regulations as may be deemed necessary for the proper presentation and distribution of the certificate. § 27. Subdivision 3 of section 14-a of the domestic relations law, as amended by chapter 297 of the laws of 1963, is amended to read as follows: 3. No fee shall be charged for any certificate when required by the veterans administration or by the division of veterans' [affairs] SERVICES of the state of New York to be used in determining the eligi- bility of any person to participate in the benefits made available by the veterans administration or by the state of New York. § 28. Subdivision 1 of section 19 of the domestic relations law, as amended by chapter 674 of the laws of 1985, is amended to read as follows: 1. Each town and city clerk hereby empowered to issue marriage licenses shall keep a book supplied by the state department of health in which such clerk shall record and index such information as is required therein, which book shall be kept and preserved as a part of the public records of his office. Whenever an application is made for a search of such records the city or town clerk, excepting the city clerk of the city of New York, may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of five dollars for a search of one year and a further fee of one dollar for the second year for which such search is requested and fifty cents for each additional year thereafter, which fees shall be paid in advance of such search. Whenever an application is made for a search of such records in the city of New York, the city clerk of the city of New York may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of five dollars for a search of one year and a further fee of one dollar for the second year for which search is requested and fifty cents each additional year thereafter. Notwithstanding any other provision of this article, no fee shall be charged for any search or certificate when required by the veterans administration or by the divi- S. 1506--B 120 sion of veterans' [affairs] SERVICES of the state of New York to be used in determining the eligibility of any person to participate in the bene- fits made available by the veterans administration or by the state of New York. All such affidavits, statements and consents, immediately upon the taking or receiving of the same by the town or city clerk, shall be recorded and indexed as provided herein and shall be public records and open to public inspection whenever the same may be necessary or required for judicial or other proper purposes. At such times as the commissioner shall direct, the said town or city clerk, excepting the city clerk of the city of New York, shall file in the office of the state department of health the original of each affidavit, statement, consent, order of a justice or judge authorizing immediate solemnization of marriage, license and certificate, filed with or made before such clerk during the preceding month. Such clerk shall not be required to file any of said documents with the state department of health until the license is returned with the certificate showing that the marriage to which they refer has been actually performed. The county clerks of the counties comprising the city of New York shall cause all original applications and original licenses with the marriage solemnization statements thereon heretofore filed with each, and all papers and records and binders relating to such original docu- ments pertaining to marriage licenses issued by said city clerk, in their custody and possession to be removed, transferred, and delivered to the borough offices of the city clerk in each of said counties. § 29. Subdivision 1 of section 3308 of the education law, as added by section 1 of part A of chapter 328 of the laws of 2014, is amended to read as follows: 1. Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local educational agencies and military instal- lations concerning the state's participation in, and compliance with, this compact and interstate commission activities. In New York, the state council shall include the commissioner or his or her designee, the director of the New York state division of veterans' [affairs] SERVICES or his or her designee, the adjutant general of the state of New York or his or her designee, a superintendent of a school district with a high concentration of military children appointed by the commissioner, a district superintendent of schools of a board of cooperative educational services serving an area with a high concentration of military children appointed by the commissioner, a representative from a military instal- lation appointed by the governor, a representative of military families appointed by the governor, a public member appointed by the governor and one representative each appointed by the speaker of the assembly, the temporary president of the senate and the governor. § 30. Subdivision 1 of section 6505-c of the education law, as added by chapter 106 of the laws of 2003, is amended to read as follows: 1. The commissioner shall develop, jointly with the director of the division of veterans' [affairs] SERVICES, a program to facilitate artic- ulation between participation in the military service of the United States or the military service of the state and admission to practice of a profession. The commissioner and the director shall identify, review and evaluate professional training programs offered through either the military service of the United States or the military service of the state which may, where applicable, be accepted by the department as equivalent education and training in lieu of all or part of an approved program. Particular emphasis shall be placed on the identification of S. 1506--B 121 military programs which have previously been deemed acceptable by the department as equivalent education and training, programs which may provide, where applicable, equivalent education and training for those professions which are critical to public health and safety and programs which may provide, where applicable, equivalent education and training for those professions for which shortages exist in the state of New York. § 31. Paragraph 5 of subdivision (b) of section 5.06 of the mental hygiene law, as added by section 2 of part N of chapter 56 of the laws of 2012, is amended to read as follows: (5) one member appointed on the recommendation of the state director of the division of veterans' [affairs] SERVICES and one member appointed on the recommendation of the adjutant general of the division of mili- tary and naval affairs, at least one of whom shall be a current or former consumer of mental health services or substance use disorder services who is a veteran who has served in a combat theater or combat zone of operations and is a member of a veterans organization; § 31-a. Subdivision (i) of section 19.07 of the mental hygiene law, as added by chapter 358 of the laws of 2013, is amended to read as follows: (i) The office of alcoholism and substance abuse services shall peri- odically, in consultation with the state director of veterans' [affairs] SERVICES: (1) review the programs operated by the office to ensure that the needs of the state's veterans who served in the U.S. armed forces and who are recovering from alcohol and/or substance abuse are being met and to develop improvements to programs to meet such needs; and (2) in collaboration with the state director of veterans' [affairs] SERVICES and the commissioner of the office of mental health, review and make recommendations to improve programs that provide treatment, rehabili- tation, relapse prevention, and recovery services to veterans who have served in a combat theatre or combat zone of operations and have a co-occurring mental health and alcoholism or substance abuse disorder. § 31-b. Subdivision 15 of section 202 of the elder law, as amended by chapter 455 of the laws of 2016, is amended to read as follows: 15. to periodically, in consultation with the state director of veter- ans' [affairs] SERVICES, review the programs operated by the office to ensure that the needs of the state's aging veteran population are being met and to develop improvements to programs to meet such needs; and § 32. Paragraph (j) of subdivision 3 of section 20 of the social services law, as added by chapter 407 of the laws of 2016, is amended to read as follows: (j) to ensure the provision, on any form required to be completed at application or recertification for the purpose of obtaining financial assistance pursuant to this chapter, the form shall contain a check-off question asking whether the applicant or recipient or a member of his or her family served in the United States military, and an option to answer in the affirmative. Where the applicant or recipient answers in the affirmative to such question, the office of temporary and disability assistance shall ensure that contact information for the state division of veterans' [affairs] SERVICES is provided to such applicant or recipi- ent, in addition to any other materials provided. § 33. Paragraph (g) of section 202 of the not-for-profit corporation law, as added by chapter 407 of the laws of 2016, is amended to read as follows: (g) Every corporation receiving any kind of state funding shall ensure the provision on any form required to be completed at application or recertification for the purpose of obtaining financial assistance pursu- S. 1506--B 122 ant to this chapter, that the application form shall contain a check-off question asking whether the applicant or recipient or a member of his or her family served in the United States military, and an option to answer in the affirmative. Where the applicant or recipient answers in the affirmative to such question, the not-for-profit corporation shall ensure that contact information for the state division of veterans' [affairs] SERVICES is provided to such applicant or recipient in addi- tion to any other materials provided. § 34. Paragraph (b) of section 1401 of the not-for-profit corporation law, as amended by chapter 675 of the laws of 2004, is amended to read as follows: (b) Removal of remains from private cemeteries to other cemeteries. The supervisor of any town containing a private cemetery may remove any body interred in such cemetery to any other cemetery within the town, if the owners of such cemeteries and the next of kin of the deceased consent to such removal. The owners of a private cemetery may remove the bodies interred therein to any other cemetery within such town, or to any cemetery designated by the next of kin of the deceased. Notice of such removal shall be given within twenty days before such removal personally or by certified mail to the next of kin of the deceased if known and to the clerk and historian of the county in which such real property is situated and notice shall be given to the New York state department of state, division of cemeteries. If any of the deceased are known to be veterans, the owners shall also notify the division of veterans' [affairs] SERVICES. In the absence of the next of kin, the county clerk, county historian or the division of veterans' [affairs] SERVICES may act as a guardian to ensure proper reburial. § 35. Subdivision 10 of section 458 of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 10. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. § 36. Subdivision 9 of section 458-a of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 9. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. S. 1506--B 123 § 37. Subdivision 8 of section 458-b of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 8. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. § 38. Subdivision 1 of section 20 of chapter 784 of the laws of 1951, constituting the New York state defense emergency act of 1951, as amended by section 85 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 1. There is hereby continued in the division of military and naval affairs in the executive department a state civil defense commission to consist of the same members as the members of the disaster preparedness commission as established in article two-B of the executive law. In addition, the superintendent of financial services, the chairman of the workers' compensation board and the director of the division of veter- ans' [affairs] SERVICES shall be members. The governor shall designate one of the members of the commission to be the chairman thereof. The commission may provide for its division into subcommittees and for action by such subcommittees with the same force and effect as action by the full commission. The members of the commission, except for those who serve ex officio, shall be allowed their actual and necessary expenses incurred in the performance of their duties under this article but shall receive no additional compensation for services rendered pursuant to this article. § 39. Paragraph 2 of subdivision b of section 31-102 of the adminis- trative code of the city of New York, as added by local law number 113 of the city of New York for the year 2015, is amended to read as follows: 2. links to websites describing veteran employment services provided by the federal government and New York state government, including, but not limited to, the websites of the United States department of labor, the New York state department of labor, the United States department of veterans affairs, and the New York state division of veterans' [affairs] SERVICES; and § 40. Subdivision a of section 3102 of the New York city charter, as added by local law number 113 of the city of New York for the year 2015, is amended to read as follows: a. Except as otherwise provided by law, the commissioner shall have such powers as provided by the director of the state veterans' service agency and shall have the duty to inform military and naval authorities of the United States and assist members of the armed forces and veter- ans, who are residents of the city, and their families, in relation to: (1) matters pertaining to educational training and retraining services and facilities, (2) health, medical and rehabilitation service and facilities, (3) provisions of federal, state and local laws and regu- lations affording special rights and privileges to members of the armed forces and veterans and their families, (4) employment and re-employment S. 1506--B 124 services, and (5) other matters of similar, related or appropriate nature. The commissioner shall also assist families of members of the reserve components of the armed forces and the organized militia ordered into active duty to ensure that they are made aware of and are receiving all appropriate support available to them. The department also shall perform such other duties as may be assigned by the state director of the division of veterans' [affairs] SERVICES. § 41. The section heading and subdivision 1 of section 352 of the executive law, as amended by chapter 501 of the laws of 1993, are amended to read as follows: Veterans' [affairs] SERVICES commission. 1. There shall be in the division a veterans' [affairs] SERVICES commission, which shall consist of the members and the ex officio members provided for in this section. § 42. Subdivision 1 of section 359 of the executive law, as amended by chapter 196 of the laws of 2009, is amended to read as follows: 1. A local director shall designate the location of the local and branch offices of the local veterans' service agency within his juris- diction, which offices shall be open during convenient hours. The cost of maintenance and operation of a county veterans' service agency shall be a county charge and the cost of maintenance and operation of a city veterans' service agency shall be a city charge, excepting that the state director with the approval of the veterans' [affairs] SERVICES commission shall allot and pay, from state moneys made available to him for such purposes, to each county veterans' service agency and each city veterans' service agency, an amount equal to fifty per centum of its expenditures for maintenance and operation approved by the state direc- tor, provided that in no event shall the amount allotted and paid for such approved expenditures incurred in any given year exceed (1) in the case of any county veterans' service agency in a county having a popu- lation of not more than one hundred thousand or in the case of any city veterans' service agency in a city having a population of not more than one hundred thousand, the sum of ten thousand dollars, nor (2) in the case of any county veterans' service agency in a county having a popu- lation in excess of one hundred thousand excluding the population of any city therein which has a city veterans' service agency, the sum of ten thousand dollars, and, in addition thereto, the sum of five thousand dollars for each one hundred thousand, or major portion thereof, of the population of the county in excess of one hundred thousand excluding the population of any city therein which has a city veterans' service agen- cy, nor (3) in the case of any city veterans' service agency in a city having a population in excess of one hundred thousand, the sum of ten thousand dollars, and, in addition thereto, the sum of five thousand dollars for each one hundred thousand, or major portion thereof, of the population of the city in excess of one hundred thousand. Such popu- lation shall be certified in the same manner as provided by section fifty-four of the state finance law. § 43. Terms occurring in laws, contracts and other documents. Whenev- er the functions, powers, obligations, duties and officials relating to the division of veterans' affairs, the veterans' affairs commission or the director of veterans' affairs is referred to or designated in any other law, regulation, contract or document, such reference or desig- nation shall be deemed to refer to the appropriate functions, powers, obligations, duties, officials and director of the division of veterans' services or the veterans' services commission, as designated by this act. S. 1506--B 125 § 44. Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act. § 45. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 46. This act shall take effect immediately; provided, however, that the amendments to paragraph (c) of subdivision 4 of section 369-i of the executive law made by section thirteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART BB Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of paragraph a of subdivision 3 of section 667 of the education law, as amended by section 1 of part U of chapter 56 of the laws of 2014, is amended to read as follows: (c) For students first receiving aid in two thousand--two thousand one and thereafter, five thousand [dollars, except starting in two thousand fourteen-two thousand fifteen and thereafter such students shall receive five thousand one] THREE hundred [sixty-five] TEN dollars; or § 2. Section 689-a of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: § 689-a. Tuition credits. 1. The New York state higher education services corporation shall calculate a tuition credit for each resident undergraduate student who has filed an application with such corporation for a tuition assistance program award pursuant to section six hundred sixty-seven of this article, and is determined to be eligible to receive such award, and is also enrolled in a program of undergraduate study at a state operated or senior college of the state university of New York or the city university of New York where the annual resident undergradu- ate tuition rate will exceed five thousand THREE HUNDRED TEN dollars. Such tuition credit shall be calculated for each semester, quarter or term of study that tuition is charged and tuition for the corresponding semester, quarter or term shall not be due for any student eligible to receive such tuition credit until such credit is calculated, the student and school where the student is enrolled is notified of the tuition credit amount, and such tuition credit is applied toward the tuition charged. 2. Each tuition credit pursuant to this section shall be an amount equal to the product of the total annual resident undergraduate tuition rate minus five thousand THREE HUNDRED TEN dollars then multiplied by an amount equal to the product of the total annual award for the student pursuant to section six hundred sixty-seven of this article divided by an amount equal to the maximum amount the student qualifies to receive pursuant to clause (A) of subparagraph (i) of paragraph a of subdivision three of section six hundred sixty-seven of this article. S. 1506--B 126 § 3. Clause (D) of subparagraph (ii) of paragraph a of subdivision 3 of section 667 of the education law, as amended by section 1 of part B of chapter 60 of the laws of 2000, is amended to read as follows: (D) Eighteen thousand dollars or Nine hundred eighty dollars more, but not more than plus twelve per centum of [eighty] ONE HUNDRED TEN excess over eighteen thousand dollars thousand dollars § 4. Subparagraph (vi) of paragraph a of subdivision 3 of section 667 of the education law, as amended by section 1 of part B of chapter 60 of the laws of 2000, is amended to read as follows: (vi) For the two thousand two--two thousand three academic year and thereafter, the award shall be the net amount of the base amount deter- mined pursuant to subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the award shall not be reduced below [five hundred] SEVEN HUNDRED FIFTY dollars. § 5. This act shall take effect June 1, 2019; provided however that the amendments to section 689-a of the education law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART CC Section 1. Section 6541 of the education law is amended by adding a new subdivision 4 to read as follows: 4. IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, EACH PHYSICIAN ASSISTANT SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PHYSICIAN ASSISTANT PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 2. Section 6548 of the education law is amended by adding a new subdivision 4 to read as follows: 4. IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, EACH SPECIALIST ASSISTANT SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE SPECIALIST ASSISTANT PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN S. 1506--B 127 THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 3. Subdivisions 7 and 8 of section 6554 of the education law, subdi- vision 7 as added by chapter 987 of the laws of 1971 and subdivision 8 as amended by chapter 62 of the laws of 1989, are amended and a new subdivision 9 is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of one hundred seventy-five dollars to the depart- ment for admission to a department conducted examination and for an initial license, a fee of eighty-five dollars for each reexamination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration peri- od[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CHIROPRACTOR PRACTICES AND OTHER INFOR- MATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 4. Subdivisions 7 and 8 of section 6604 of the education law, subdi- vision 7 as added by chapter 987 of the laws of 1971 and subdivision 8 as amended by chapter 62 of the laws of 1989, are amended and a new subdivision 9 is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of two hundred twenty dollars to the department for admission to a department conducted examination and for an initial license, a fee of one hundred fifteen dollars for each reexamination, a fee of one hundred thirty-five dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of two hundred ten dollars for each triennial registration period[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE DENTIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE S. 1506--B 128 LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 5. Subdivisions 4 and 5 of section 6608-b of the education law, subdivision 4 as amended by chapter 300 of the laws of 2006 and subdivi- sion 5 as amended by chapter 565 of the laws of 1995, are amended and a new subdivision 6 is added to read as follows: (4) Education and experience: (A) have received a high school diploma, or its equivalent, and (B) have successfully completed, in accordance with the commissioner's regulations, (i) an approved one-year course of study in dental assisting in a degree-granting institution or a board of cooperative educational services program which includes at least two hundred hours of clinical experience, or an equivalent approved course of study in dental assisting in a non-degree granting institution which shall not be a professional association or professional organization or (ii) an alternate course of study in dental assisting acceptable to the department which shall be provided by a degree-granting institution or a board of cooperative educational services program which includes at least one thousand hours of relevant work experience; [and] (5) Examination: pass an examination given by an organization which administers examinations for certifying dental assistants and which is acceptable to the department[.]; AND (6) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CERTIFIED DENTAL ASSISTANT PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC- TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 6. Subdivisions 7 and 8 of section 6609 of the education law, subdi- vision 7 as added by chapter 987 of the laws of 1971 and subdivision 8 as amended by chapter 62 of the laws of 1989, are amended and a new subdivision 9 is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination and for an initial license, a fee of fifty dollars for each reexamination, a fee of seventy dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of fifty dollars for each triennial registration period[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE DENTAL HYGIENIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF S. 1506--B 129 HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC- TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 7. Subdivision 6 of section 6632 of the education law, as added by chapter 409 of the laws of 2013, is amended and a new subdivision 7 is added to read as follows: 6. [Fee] FEE: pay a fee determined by the department for an initial license and for each triennial registration period[.]; AND 7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED PERFUSIONIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 8. Subdivisions f and g of section 6734 of the education law, subdi- vision f as added by chapter 618 of the laws of 1980 and subdivision g as amended by chapter 62 of the laws of 1989, are amended and a new subdivision h is added to read as follows: f. Character: be of good moral character as determined by the depart- ment; [and] g. Fees: pay a fee of one hundred seventy-five dollars to the depart- ment for admission to a department conducted examination and for an initial license; a fee of eighty-five dollars for each reexamination; a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination; and a fee of one hundred fifty-five dollars for each triennial registration peri- od[.]; AND H. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PHYSICAL THERAPIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. S. 1506--B 130 § 9. Subdivision g of section 6740 of the education law, as amended by chapter 62 of the laws of 1989, is amended and a new subdivision h is added to read as follows: g. Fees: pay a fee for an initial certificate of forty-five dollars, and for the biennial registration period ending December thirty-first, nineteen hundred eighty-two a fee of twenty dollars and a fee of fifty dollars for each triennial registration period[.]; AND H. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PHYSICAL THERAPIST ASSISTANT PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA- TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 10. Paragraphs 7 and 8 of subdivision 1 of section 6805 of the education law, paragraph 7 as added by chapter 987 of the laws of 1971 and paragraph 8 as amended by chapter 62 of the laws of 1989, are amended and a new paragraph 9 is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of one hundred seventy-five dollars to the depart- ment for admission to a department conducted examination and for an initial license, a fee of eighty-five dollars for each re-examination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration peri- od[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PHARMACIST PRACTICES AND OTHER INFORMA- TION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 11. Subdivisions 7 and 8 of section 6905 of the education law, subdivision 7 as amended by chapter 994 of the laws of 1971 and such section as renumbered by chapter 50 of the laws of 1972, and subdivision 8 as amended by chapter 62 of the laws of 1989, are amended and a new subdivision 9 is added to read as follows: S. 1506--B 131 (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination and for an initial license, a fee of forty-five dollars for each reexamination, a fee of seventy dollars for an initial license for persons not requiring admis- sion to a department conducted examination, and a fee of fifty dollars for each triennial registration period[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE REGISTERED PROFESSIONAL NURSE PRACTICES, WHETHER THE REGISTERED PROFESSIONAL NURSE IS CERTIFIED TO PRACTICE AS A CLINICAL NURSE SPECIALIST UNDER SECTION SIXTY-NINE HUNDRED ELEVEN OF THIS ARTICLE, AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 12. Subdivisions 7 and 8 of section 6906 of the education law, subdivision 7 as amended by chapter 330 of the laws of 1981 and subdivi- sion 8 as amended by chapter 62 of the laws of 1989, are amended and a new subdivision 8-a is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination and for an initial license, a fee of forty-five dollars for each reexamination, a fee of seventy dollars for an initial license for persons not requiring admis- sion to a department conducted examination, and a fee of fifty dollars for each triennial registration period[.]; AND (8-A) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED PRACTICAL NURSE PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 13. Section 6955 of the education law is amended by adding a new subdivision 8 to read as follows: 8. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE S. 1506--B 132 DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE MIDWIFE PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPART- MENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 14. Section 7004 of the education law is amended by adding a new subdivision 10 to read as follows: (10) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PODIATRIST PRACTICES, WHETHER THE PODIATRIST HAS BEEN ISSUED A PRIVILEGE TO PERFORM PODIATRIC STANDARD ANKLE SURGERY PURSUANT TO SECTION SEVEN THOUSAND NINE OF THIS ARTICLE, AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 15. Subdivisions 7 and 8 of section 7104 of the education law, subdivision 7 as added by chapter 987 of the laws of 1971 and subdivi- sion 8 as amended by chapter 517 of the laws of 1995, are amended and a new subdivision 9 is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of two hundred twenty dollars to the department for admission to a department conducted examination and for an initial license, a fee of one hundred fifteen dollars for each reexamination, a fee of one hundred thirty-five dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of two hundred ten dollars for each triennial registration period, and for additional authorization for the purpose of utilizing diagnostic pharmaceutical agents, a fee of sixty dollars[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE OPTOMETRIST PRACTICES AND OTHER INFORMA- TION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED S. 1506--B 133 FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 16. Paragraphs 7 and 8 of subdivision a of section 7124 of the education law, paragraph 7 as amended by chapter 475 of the laws of 1973 and paragraph 8 as amended by chapter 62 of the laws of 1989, are amended and a new paragraph 9 is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination and for an initial license, a fee of forty-five dollars for each reexamination, a fee of fifty dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of fifty dollars for each triennial registration period[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE OPHTHALMIC DISPENSER PRACTICES, WHETHER THE OPHTHALMIC DISPENSER IS PERMITTED TO FIT CONTACT LENSES, AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC- TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 17. Subdivisions 7 and 8 of section 7603 of the education law, subdivision 7 as added by chapter 987 of the laws of 1971 and subdivi- sion 8 as amended by chapter 62 of the laws of 1989, are amended and a new subdivision 9 is added to read as follows: (7) Character: be of good moral character as determined by the depart- ment; [and] (8) Fees: pay a fee of one hundred seventy dollars to the department for admission to a department conducted examination and for an initial license, a fee of eighty-five dollars for each reexamination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration period[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PSYCHOLOGIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN S. 1506--B 134 CONSULTATION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 18. Paragraphs (f) and (g) of subdivision 1 of section 7704 of the education law, paragraph (f) as added by chapter 420 of the laws of 2002 and paragraph (g) as amended by section 2 of part J of chapter 57 of the laws of 2005, are amended and a new paragraph (h) is added to read as follows: (f) Character: be of good moral character as determined by the depart- ment; [and] (g) Fees: pay a fee of one hundred fifteen dollars to the department for an initial license, and a fee of one hundred fifty-five dollars for each triennial registration period. An additional surcharge in the amount of five dollars shall be paid with each triennial registration fee and shall be used for the marketing and evaluation of the regents licensed social worker loan forgiveness program established by section six hundred five of this chapter[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUD- ING, BUT NOT LIMITED, TO THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED MASTER SOCIAL WORKER PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 19. Paragraphs (f) and (g) of subdivision 2 of section 7704 of the education law, paragraph (f) as added by chapter 420 of the laws of 2002 and paragraph (g) as amended by chapter 230 of the laws of 2004, are amended and a new paragraph (h) is added to read as follows: (f) Character: be of good moral character as determined by the depart- ment; [and] (g) Fees: pay a fee of one hundred fifteen dollars to the department for an initial license and a fee of one hundred fifty-five dollars for each triennial registration period[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE S. 1506--B 135 OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUD- ING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED CLINICAL SOCIAL WORKER PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 20. Subdivisions 6 and 7 of section 7804 of the education law, as amended by chapter 230 of the laws of 1997, are amended and a new subdi- vision 8 is added to read as follows: (6) Character: be of good moral character as determined by the depart- ment; [and] (7) Fees: pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination and for an initial license, a fee of forty-five dollars for each reexamination, a fee of fifty dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of fifty dollars for each triennial registration period[.]; AND (8) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUD- ING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE MASSAGE THERAPIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPART- MENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 21. Section 7904 of the education law is amended by adding a new subdivision 9 to read as follows: (9) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, THE OCCUPATIONAL THERAPIST SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE OCCUPATIONAL THERAPIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- S. 1506--B 136 TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 22. Subdivisions (f) and (g) of section 7904-a of the education law, as added by chapter 470 of the laws of 2015, are amended and a new subdivision (h) is added to read as follows: (f) pay a fee for an initial license and a fee for each triennial registration period that shall be one-half of the fee for initial license and for each triennial registration period established for occu- pational therapists; [and] (g) except as otherwise provided by subdivision two of section seven- ty-nine hundred seven of this article, pass an examination acceptable to the department[.]; AND (H) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTA- TION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE OCCUPATIONAL THERAPY ASSISTANT PRACTICES AND OTHER INFORMA- TION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 23. Subdivision 5 of section 8004 of the education law, as added by chapter 635 of the laws of 1991, is amended and a new subdivision 6 is added to read as follows: 5. Be at least eighteen years of age[.]; AND 6. IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA- TION, THE CERTIFIED DIETITIAN OR CERTIFIED NUTRITIONIST SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CERTIFIED DIETITIAN OR CERTIFIED NUTRITIONIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELE- VANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 24. Subdivisions 6 and 7 of section 8206 of the education law, subdivision 6 as amended by chapter 43 of the laws of 1983 and subdivi- sion 7 as amended by chapter 62 of the laws of 1989, are amended and a new subdivision 8 is added to read as follows: (6) Character: be of good moral character as determined by the depart- ment; [and] S. 1506--B 137 (7) Fees: pay a fee of one hundred forty dollars to the department for admission to a department conducted examination and for an initial license, a fee of seventy dollars for each reexamination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration period[.]; AND (8) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLO- GIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 25. Subdivision 8 of section 8214 of the education law, as added by chapter 772 of the laws of 1990, is amended and a new subdivision 9 is added to read as follows: (8) Registration: if a license is granted, register triennially with the department, including present home and business address and such other pertinent information as the department requires[.]; AND (9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE ACUPUNCTURIST PRACTICES AND OTHER INFOR- MATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 26. Subdivisions 5 and 6 of section 8355 of the education law, as added by section 798 of the laws of 1992, are amended and a new subdivi- sion 7 is added to read as follows: 5. Age: be at least twenty-one years of age; [and] 6. Fees: pay a fee for an initial certificate of one hundred dollars to the department; and a fee of fifty dollars for each triennial regis- tration period[.]; AND 7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE INCLUDING, BUT NOT LIMITED TO, THE LOCATION S. 1506--B 138 AND TYPE OF SETTING WHEREIN THE CERTIFIED ATHLETIC TRAINER PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC- TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 27. Paragraphs (f) and (g) of subdivision 3 of section 8402 of the education law, paragraph (f) as added by chapter 676 of the laws of 2002 and paragraph (g) as amended by chapter 210 of the laws of 2004, are amended and a new paragraph (h) is added to read as follows: (f) Character: Be of good moral character as determined by the depart- ment; [and] (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED MENTAL HEALTH COUNSELOR PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA- TION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 28. Paragraphs (f) and (g) of subdivision 3 of section 8403 of the education law, paragraph (f) as added by chapter 676 of the laws of 2002 and paragraph (g) as amended by chapter 210 of the laws of 2004, are amended and a new paragraph (h) is added to read as follows: (f) Character: Be of good moral character as determined by the depart- ment; [and] (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED MARRIAGE AND FAMILY THERAPIST PRAC- TICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, S. 1506--B 139 DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 29. Paragraphs (f) and (g) of subdivision 3 of section 8404 of the education law, paragraph (f) as added by chapter 676 of the laws of 2002 and paragraph (g) as amended by chapter 210 of the laws of 2004, are amended and a new paragraph (h) is added to read as follows: (f) Character: Be of good moral character as determined by the depart- ment; [and] (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH AND THE OFFICE OF METAL HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CREATIVE ARTS THERAPIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 30. Paragraphs (f) and (g) of subdivision 3 of section 8405 of the education law, paragraph (f) as added by chapter 676 of the laws of 2002 and paragraph (g) as amended by chapter 210 of the laws of 2004, are amended and a new paragraph (h) is added to read as follows: (f) Character: Be of good moral character as determined by the depart- ment; [and] (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED PSYCHOANALYST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE S. 1506--B 140 LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 31. Subdivisions 6 and 7 of section 8504 of the education law, as added by chapter 817 of the laws of 1992, are amended and a new subdivi- sion 8 is added to read as follows: 6. Character: be of good moral character as determined by the depart- ment; [and] 7. Fees: pay a fee of one hundred seventy-five dollars to the depart- ment for admission to a department conducted examination and for an initial license; a fee of eighty-five dollars for each re-examination; a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination and a fee of one hundred fifty-five dollars for each triennial registration period commencing on and after June first, nineteen hundred ninety-three[.]; AND 8. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE RESPIRATORY THERAPIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 32. Subdivisions 6 and 7 of section 8510 of the education law, as added by chapter 817 of the laws of 1992, are amended and a new subdivi- sion 8 is added to read as follows: 6. Character: be of good moral character as determined by the depart- ment; [and] 7. Fees: pay a fee of ninety dollars to the department for admission to a department conducted examination and for an initial license; a fee of sixty dollars for each re-examination; a fee of fifty dollars for an initial license for persons not requiring admission to a department conducted examination and a fee of ninety dollars for each triennial registration period commencing on and after June first, nineteen hundred ninety-three[.]; AND 8. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE RESPIRATORY THERAPY TECHNICIAN PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA- TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON S. 1506--B 141 REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 33. Paragraphs (e) and (f) of subdivision 1 of section 8605 of the education law, as added by chapter 755 of the laws of 2004, are amended and a new paragraph (g) is added to read as follows: (e) Character: be of good moral character as determined by the depart- ment; [and] (f) Fees: pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period[.]; AND (G) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CLINICAL LABORATORY TECHNOLOGIST PRAC- TICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 34. Paragraphs (e) and (f) of subdivision 2 of section 8605 of the education law, as added by chapter 755 of the laws of 2004, are amended and a new paragraph (g) is added to read as follows: (e) Character: be of good moral character as determined by the depart- ment; [and] (f) Fees: pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period[.]; AND (G) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CYTOTECHNOLOGIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 35. Subdivisions 5 and 6 of section 8606 of the education law, as added by chapter 755 of the laws of 2004, are amended and a new subdivi- sion 7 is added to read as follows: 5. Character: be of good moral character as determined by the depart- ment; [and] 6. Fees: pay a fee of one hundred twenty-five dollars for an initial certification and a fee of one hundred twenty dollars for each triennial registration period[.]; AND S. 1506--B 142 7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CLINICAL LABORATORY TECHNICIAN PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA- TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 36. Subdivisions 5 and 6 of section 8606-a of the education law, as added by chapter 204 of the laws of 2008, are amended and a new subdivi- sion 7 is added to read as follows: 5. Character: be of good moral character as determined by the depart- ment; [and] 6. Fees: pay a fee of one hundred twenty-five dollars for an initial certification and a fee of one hundred twenty dollars for each triennial registration period[.]; AND 7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE HISTOLOGICAL TECHNICIAN PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 37. Subdivision 6 of section 8705 of the education law, as added by chapter 495 of the laws of 2001, is amended and a new subdivision 7 is added to read as follows: 6. Fee: pay a fee of three hundred dollars to the department for admission to a department conducted examination for licensure, a fee of one hundred fifty dollars for licensure with special competency in the first specialty and twenty-five dollars for each additional specialty, and a fee of three hundred dollars for each biennial registration peri- od[.]; AND 7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PROFESSIONAL MEDICAL PHYSICIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART- MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA- S. 1506--B 143 TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL- TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 38. Paragraphs (f) and (g) of subdivision 1 of section 8804 of the education law, as added by chapter 554 of the laws of 2013, are amended and a new paragraph (h) is added to read as follows: (f) Character: be of good moral character as determined by the depart- ment and submit an attestation of moral character; [and] (g) Fee: pay a fee of one hundred fifty dollars for an initial license and a fee of seventy-five dollars for each triennial registration peri- od[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CERTIFIED BEHAVIORAL ANALYST ASSISTANT PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 39. Paragraphs (f) and (g) of subdivision 2 of section 8804 of the education law, as added by chapter 554 of the laws of 2013, are amended and a new paragraph (h) is added to read as follows: (f) Character: be of good moral character as determined by the depart- ment and submit an attestation of moral character; [and] (g) Fee: pay a fee of two hundred dollars for an initial license and a fee of one hundred dollars for each triennial registration period[.]; AND (H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED- ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED BEHAVIOR ANALYST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI- FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 40. Section 8852 of the education law is amended by adding a new subdivision 7 to read as follows: 7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI- TION OF EACH TRIENNIAL REGISTRATION, THE DEPARTMENT SHALL COLLECT AND A S. 1506--B 144 PATHOLOGIST ASSISTANT SHALL PROVIDE SUCH INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE PATHOLOGISTS' ASSISTANT PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI- TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART- MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY. § 41. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART DD Section 1. Legislative findings. The legislature finds that the State University of New York at Albany ("University") is in the process of developing 12 neighboring acres on the W. Averell Harriman State Office Building Campus to build the 245,000-square-foot Emerging Technology and Entrepreneurship Complex ("ETEC"). This ETEC development is part of a long-term development strategy of the University as part of the NYSUNY 2020 Challenge Grant Program. ETEC will house the University's College of Emergency Preparedness, Homeland Security and Cybersecurity, the Department of Atmospheric and Environmental Sciences, the Atmospheric Sciences Research Center and other University academic departments, as well as the New York State Mesonet weather-detection system. As part of this effort, the University wishes to lease a portion of the space with- in ETEC to non-New York State entities, including businesses, to enable collaboration, research commercialization, and real world experiential learning opportunities for students. The legislature further finds that granting the trustees of the State University of New York the authority and power to lease and otherwise contract a portion of the ETEC will promote the mission of the new facility to help the state be better prepared for emerging threats of extreme weather and terrorism. § 2. Notwithstanding any other law to the contrary, the state univer- sity trustees are authorized and empowered to delegate to the University the authorization and empowerment to lease or otherwise contract to tenants with interests that are in alignment with the academic and research mission of the University. The University under this authori- zation shall be permitted to lease or otherwise contract up to 15,000 square feet of space and facilities at ETEC, without any public bidding. Any lease or contract of such space and facilities at ETEC may be subject to applicable approvals of the office of the attorney general and office of the state comptroller for revenue contracts. Such leases or contracts shall be for periods not to exceed 50 years and shall be conditioned upon any terms and conditions determined to be necessary by the state university trustees. § 3. Any leases entered into by the University pursuant to section two of this act shall be considered revenue contracts of the University and subject to review and approval by the office of the attorney general and office of the state comptroller as required for revenue contracts at the S. 1506--B 145 time of execution of said leases. All proceeds from said leases to shall be deposited into accounts of the University. § 4. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 5. This act shall take effect immediately. PART EE Section 1. Section 802 of the general business law, as added by chap- ter 599 of the laws of 1998, subdivision 1 as designated and subdivision 2 as added by chapter 301 of the laws of 2000, is amended to read as follows: § 802. Special provisions; not-for-profit sales. 1. [No] EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, NO otolaryngologist or other licensed physician who has conducted a medical evaluation of hear- ing loss shall engage in the business of dispensing hearing aids for a profit. No otolaryngologist or other licensed physician who has dispensed a hearing aid shall refuse or fail to perform repairs or service on any hearing aid that they have dispensed. 2. Every licensed physician who engages in the dispensing of hearing aids in compliance with the provisions of this section shall be required to comply with sections seven hundred ninety-one, seven hundred ninety- eight and eight hundred three of this article, in addition to compliance with this section. 3. AN AUDIOLOGIST OR HEARING AID DISPENSER LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW EMPLOYED BY AN OTOLARYNGOLOGIST WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS MAY DISPENSE HEARING AIDS FOR PROFIT PROVIDED THAT THE OTOLARYNGOLOGIST WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN- SERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED AND A WRITTEN STATEMENT DISCLOSING THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT FROM THE SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST FEWER THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLOGIST IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST PROVIDE TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF THE HEAR- ING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED. § 2. This act shall take effect immediately. PART FF Section 1. Subdivision 2 of section 220 of the labor law, as amended by chapter 678 of the laws of 2007, is amended to read as follows: 2. [Each] EVERY contract [to which the state or a public benefit corporation or a municipal corporation or a commission appointed pursu- ant to law is a party, and any contract for public work entered into by a third party acting in place of, on behalf of and for the benefit of such public entity pursuant to any lease, permit or other agreement between such third party and the public entity, and which may involve the employment of laborers, workers or mechanics] FOR PUBLIC WORK shall contain a stipulation that no laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be S. 1506--B 146 permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in cases of extraor- dinary emergency including fire, flood or danger to life or property. No such person shall be so employed more than eight hours in any day or more than five days in any one week except in such emergency. Extraor- dinary emergency within the meaning of this section shall be deemed to include situations in which sufficient laborers, workers and mechanics cannot be employed to carry on public work expeditiously as a result of such restrictions upon the number of hours and days of labor and the immediate commencement or prosecution or completion without undue delay of the public work is necessary in the judgment of the commissioner for the preservation of the contract site and for the protection of the life and limb of the persons using the same. Upon the application of any person interested, the commissioner shall make a determination as to whether or not on any public project or on all public projects in any area of this state, sufficient laborers, workers and mechanics of any or all classifications can be employed to carry on work expeditiously if their labor is restricted to eight hours per day and five days per week, and in the event that the commissioner determines that there are not sufficient workers, laborers and mechanics of any or all classifications which may be employed to carry on such work expeditiously if their labor is restricted to eight hours per day and five days per week, and the immediate commencement or prosecution or completion without undue delay of the public work is necessary in the judgment of the commissioner for the preservation of the contract site and for the protection of the life and limb of the persons using the same, the commissioner shall grant a dispensation permitting all laborers, workers and mechanics, or any classification of such laborers, workers and mechanics, to work such additional hours or days per week on such public project or in such areas the commissioner shall determine. Whenever such a dispensation is granted, all work in excess of eight hours per day and five days per week shall be considered overtime work, and the laborers, workers and mechanics performing such work shall be paid a premium wage commensurate with the premium wages prevailing in the area in which the work is performed. No such dispensation shall be effective with respect to any public work unless and until the department of jurisdiction, as defined in this section, certifies to the commissioner that such public work is of an important nature and that a delay in carrying it to completion would result in serious disadvantage to the public. Time lost in any week because of inclement weather by employees engaged in the construction, reconstruction and maintenance of highways outside of the limits of cities and villages may be made up during that week and/or the succeeding three weeks. § 2. Subdivision 5 of section 220 of the labor law is amended by adding four new paragraphs m, n, o and p to read as follows: M. FOR THE PURPOSES OF THIS ARTICLE, "PUBLIC WORK" MEANS ANY OF THE FOLLOWING: (I) CONSTRUCTION PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS; (II) CONSTRUCTION WORK PERFORMED UNDER PRIVATE CONTRACT WHEN ALL OF THE FOLLOWING CONDITIONS EXIST: (A) THE CONSTRUCTION CONTRACT IS BETWEEN PRIVATE PARTIES; (B) THE PROPERTY SUBJECT TO THE CONSTRUCTION CONTRACT IS PRIVATELY OWNED, BUT UPON COMPLETION OF THE CONSTRUCTION WORK, ANY PORTION OF THE PROPERTY IS LEASED OR WILL BE LEASED TO THE STATE OR ANY PUBLIC ENTITY, AND ONE OF THE FOLLOWING CONDITIONS EXIST: S. 1506--B 147 (1) THE PUBLIC ENTITY ENTERED INTO OR BARGAINED FOR THE LEASE AGREE- MENT PRIOR TO THE CONSTRUCTION CONTRACT; OR (2) THE CONSTRUCTION WORK IS PERFORMED ACCORDING TO PLANS, SPECIFICA- TIONS, OR CRITERIA FURNISHED BY THE PUBLIC ENTITY, AND THE LEASE AGREE- MENT BETWEEN THE LESSOR AND PUBLIC ENTITY, AS LESSEE, IS ENTERED INTO DURING, OR UPON COMPLETION OF, THE CONSTRUCTION WORK, OR WITHIN SIX MONTHS FOLLOWING COMPLETION OF THE CONSTRUCTION WORK; OR (III) CONSTRUCTION WORK PERFORMED ON PROPERTY OWNED BY A PUBLIC ENTITY IN WHOLE OR IN PART OR WILL BE OWNED OR MAINTAINED BY A PUBLIC ENTITY IN WHOLE OR IN PART UPON COMPLETION OF THE PROJECT. (IV) FOR THE PURPOSES OF THIS ARTICLE, "PUBLIC WORK" SHALL NOT MEAN ANY OF THE FOLLOWING: (A) CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPER- TY IS THE OWNER'S PRIMARY RESIDENCE OR CONSTRUCTION WORK DONE ON PROPER- TY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING UNITS; (B) CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NON-PROFIT AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW WHERE THE VALUE OF THE PUBLIC FUNDS PROVIDED TO THE NON-PROFIT FOR THE PROJECT IS LESS THAN ONE HUNDRED THOUSAND DOLLARS AND THE NON-PROFIT HAS GROSS ANNUAL REVENUE AND SUPPORT LESS THAN ONE MILLION DOLLARS; OR (C) CONSTRUCTION WORK PERFORMED ON A MULTIPLE DWELLING WHERE NO LESS THAN SEVENTY-FIVE PERCENT OF THE RESIDENTIAL UNITS ARE AFFORDABLE FOR HOUSEHOLDS UP TO SIXTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PROVIDED HOWEVER, THAT ANY CONSTRUCTION PERFORMED ON NON-RESIDENTIAL SPACE IN CONNECTION WITH A MULTIPLE DWELLING PROJECT SHALL BE CONSIDERED PUBLIC WORK IF IT MEETS ANY OF THE CRITERIA IN THIS PARAGRAPH. FURTHER, ANY CONSTRUCTION WORK PERFORMED ON A PROJECT ELIGI- BLE FOR BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW SHALL NOT BE CONSIDERED PUBLIC WORK FOR THE PURPOSES OF THIS ARTICLE. N. "PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS" MEANS ALL OF THE FOLLOWING: (I) THE PAYMENT OF MONEY OR THE EQUIVALENT OF MONEY, INCLUDING THE ISSUANCE OF BONDS AND GRANTS, BY THE STATE OR A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF OF AND FOR THE BENEFIT OF THE STATE OR PUBLIC ENTITY, DIRECTLY TO OR ON BEHALF OF THE PUBLIC WORKS CONTRACTOR, SUBCONTRACTOR, OR DEVELOPER. (II) PERFORMANCE OF CONSTRUCTION WORK BY THE STATE OR ANY PUBLIC ENTI- TY IN THE EXECUTION OF THE PROJECT. (III) TRANSFER BY THE STATE OR A PUBLIC ENTITY OF AN ASSET OF VALUE FOR LESS THAN FAIR MARKET VALUE. (IV) FEES, COSTS, RENTS, INSURANCE OR BOND PREMIUMS, LOANS, INTEREST RATES, TAXES, OR OTHER OBLIGATIONS THAT WOULD NORMALLY BE REQUIRED IN THE EXECUTION OF THE PROJECT, THAT ARE PAID, REDUCED, CHARGED AT LESS THAN FAIR MARKET VALUE, WAIVED, OR FORGIVEN BY THE STATE OR PUBLIC ENTI- TY. (V) MONEY LOANED BY THE STATE OR PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTINGENT BASIS. (VI) CREDITS THAT ARE APPLIED BY THE STATE OR PUBLIC ENTITY AGAINST REPAYMENT OBLIGATIONS TO THE STATE OR PUBLIC ENTITY. O. "PUBLIC ENTITY" INCLUDES, BUT IS NOT LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, MUNICIPAL CORPO- S. 1506--B 148 RATION AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, INDUSTRIAL DEVELOPMENT AGENCIES FORMED PURSUANT TO ARTI- CLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, EDUCATIONAL CORPORATION ESTABLISHED UNDER ARTICLE FIFTY-SIX OF THE EDUCATION LAW, COMMISSION APPOINTED PURSUANT TO LAW, AS WELL AS STATE, LOCAL AND INTERSTATE AND INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED BY ANY SUCH ENTITIES. P. (I) "CONSTRUCTION" INCLUDES, BUT IS NOT LIMITED TO, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, INSTALLATION, RENO- VATION, ALTERATION, AND CUSTOM FABRICATION. "CONSTRUCTION" ALSO INCLUDES WORK PREFORMED DURING THE DESIGN AND PRECONSTRUCTION PHASES OF CONSTRUCTION, INCLUDING BUT NOT LIMITED TO, INSPECTION AND LAND SURVEY- ING WORK AND WORK PERFORMED DURING THE POST-CONSTRUCTION PHASES OF CONSTRUCTION, INCLUDING, BUT NOT LIMITED TO, ALL CLEANUP WORK AT THE JOBSITE. "CONSTRUCTION" ALSO INCLUDES THE DELIVERY TO AND HAULING FROM THE JOBSITE OF AGGREGATE SUPPLY CONSTRUCTION MATERIALS, SUCH AS SAND, GRAVEL, STONE, DIRT, FILL, AS WELL AS ANY NECESSARY RETURN HAULS, WHETH- ER EMPTY OR LOADED. (II) FOR THE PURPOSES OF THIS ARTICLE, "CUSTOM FABRICATION" MEANS THE FABRICATION AND ALL DRAFTING RELATED TO THE FABRICATION OF ALL MASONRY PANELS, WOODWORK, CASES, CABINETS, OR COUNTERS, AND THE FABRICATION OF PLUMBING, HEATING, COOLING, VENTILATION, OR EXHAUST DUCT SYSTEMS, AND MECHANICAL INSULATION SOLELY AND SPECIFICALLY DESIGNED AND ENGINEERED FOR INSTALLATION IN THE CONSTRUCTION, REPAIR, OR RENOVATION OF A BUILD- ING, REGARDLESS OF WHERE THE CUSTOM FABRICATION IS PERFORMED. THE APPLI- CABLE PREVAILING WAGE FOR ANY OFF-SITE CUSTOM FABRICATION WORK SHALL BE THE ON-SITE PREVAILING WAGE FOR THE PUBLIC WORK SITE. § 3. The labor law is amended by adding a new section 224-a to read as follows: § 224-A. STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED PURSUANT TO THIS ARTICLE, OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI- GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION WITH THE PERFORMANCE OF ANY CONTRACT FOR PUBLIC WORK, HAS SUBSTANTIALLY AND MATE- RIALLY FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS OF THIS ARTICLE, THE COMMISSIONER MAY NOTIFY SUCH PERSON IN WRITING OF HIS OR HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE SHALL (I) BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES; (II) NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO A HEARING; AND (III) STATE THE FACTUAL BASIS UPON WHICH THE COMMISSIONER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER. ANY DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI- SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A REASONABLE TIME BEFORE THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED. FOLLOWING THE HEARING, IF THE COMMISSIONER ISSUES A STOP-WORK ORDER, IT SHALL BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT OF ANY OF SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS LOCATION AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE COMMISSIONER DIRECTS THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMINATION ON THE COMPLAINT OR WHERE SUCH FAILURE TO COMPLY OR EVADE HAS BEEN DEEMED CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER IS ISSUED SHALL WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES AN APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF S. 1506--B 149 SUCH ORDER THE COMMISSIONER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED IN SUCH APPLICATION. THE COMMISSIONER MAY DIRECT A CONDI- TIONAL RELEASE FROM A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS TAKEN MEANINGFUL AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE. § 4. This act shall take effect immediately. PART GG Section 1. Subdivision 1 of section 1735 of the public authorities law, as amended by chapter 67 of the laws of 2014, is amended to read as follows: 1. Notwithstanding the provisions of paragraph b of subdivision one of section seventeen hundred thirty-four of this title, the award of construction contracts by the authority between July first, nineteen hundred eighty-nine and June thirtieth, two thousand [nineteen] TWENTY- FOUR, shall not be subject to the provisions of section one hundred one of the general municipal law. § 2. Section 19 of chapter 738 of the laws of 1988, amending the administrative code of the city of New York, the public authorities law and other laws relating to establishing the New York city school construction authority, as amended by chapter 67 of the laws of 2014, is amended to read as follows: § 19. This act shall take effect immediately, provided, however, that the provisions of subdivision 6 of section 209 of the civil service law, as added by section four of this act, shall expire and be deemed repealed on and after June 30, 1995, and further provided that the provisions of section 1735 of the public authorities law, as added by section fourteen of this act, shall expire and be deemed repealed on June 30, [2019] 2024. § 3. This act shall take effect immediately; provided that the amend- ments made to subdivision 1 of section 1735 of the public authorities law by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART HH Section 1. Short title. This act shall be known and may be cited as the "New York state YouthBuild act". § 2. Legislative intent. The legislature seeks to support economically disadvantaged youth, especially youth who have not finished high school, to obtain the education, work experience skills training, personal coun- seling, leadership development skills training, job placement assist- ance, and long-term follow-up services necessary for them to achieve permanent economic self-sufficiency, while at the same time providing valuable community service that addresses urgent community needs includ- ing the demand for affordable housing and the need for young role models and mentors for younger teenagers and children. The legislature further intends to foster the development of leader- ship skills and a commitment to community development among youth and to ensure maximum educational achievement of program participants through high school diploma or the equivalent attainment and transition to institutions of higher education, where appropriate. The legislature further intends to provide communities the opportunity to establish or rebuild neighborhood stability in economically depressed and low-income areas, as well as historic areas requiring restoration or S. 1506--B 150 preservation, while providing economically disadvantaged youth and youth who have not finished high school an opportunity for a meaningful participation in society. The legislature further intends to allow communities to expand the supply of affordable housing for homeless and other low-income individ- uals by utilizing the energies and talents of economically disadvantaged youth and young people who have not graduated from high school. The legislature also intends to foster the development of leadership skills and a commitment to community development among youth. § 3. The labor law is amended by adding a new section 42-a to read as follows: § 42-A. YOUTHBUILD; PROGRAM REQUIREMENTS SERVICES. 1. THE COMMISSION- ER IS AUTHORIZED, SUBJECT TO AMOUNTS MADE AVAILABLE BY APPROPRIATION, TO MAKE GRANTS TO ELIGIBLE APPLICANTS FOR THE PURPOSE OF CARRYING OUT YOUTHBUILD PROGRAMS AS APPROVED UNDER THIS SECTION. ALL PROGRAMS FUNDED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL USE FUNDS AVAILABLE PURSUANT TO THIS SECTION TO PROVIDE THE FOLLOWING SERVICES: A. THE TRAINING COSTS FOR THE REHABILITATION OR CONSTRUCTION OF HOUS- ING AND RELATED FACILITIES TO BE USED FOR THE PURPOSE OF PROVIDING HOMEOWNERSHIP FOR DISADVANTAGED PERSONS, RESIDENTIAL HOUSING FOR HOME- LESS INDIVIDUALS, AND LOW-INCOME AND VERY LOW-INCOME FAMILIES, OR TRAN- SITIONAL HOUSING FOR PERSONS WHO ARE HOMELESS, HAVE DISABILITIES, ARE ILL, ARE DEINSTITUTIONALIZED, OR HAVE SPECIAL NEEDS, OR THE REHABILI- TATION OR CONSTRUCTION OF COMMUNITY FACILITIES OWNED BY NOT-FOR-PROFIT PUBLIC AGENCIES. B. THE COST OF PROVIDING TRAINING AND PLACEMENT IN THE GROWING EMPLOY- MENT SECTORS OF HEALTHCARE AND TECHNOLOGY. C. THE COST OF INTEGRATED EDUCATION AND WORK EXPERIENCE SKILLS TRAIN- ING SERVICES AND ACTIVITIES WHICH ARE EVENLY DIVIDED WITHIN THE PROGRAM SHALL INCLUDE THE FOLLOWING ELEMENTS: (1) AN EDUCATION COMPONENT WHICH INCLUDES: BASIC SKILLS INSTRUCTION, SECONDARY EDUCATION SERVICES, AND OTHER ACTIVITIES DESIGNED TO LEAD TO THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT. THE CURRIC- ULUM FOR THIS COMPONENT SHALL INCLUDE MATH, LANGUAGE ARTS, VOCATIONAL EDUCATION, LIFE SKILLS TRAINING, SOCIAL STUDIES RELATED TO THE CULTURAL AND COMMUNITY HISTORY OF THE STUDENTS, LEADERSHIP SKILLS, AND OTHER TOPICS AT THE DISCRETION OF THE PROGRAMS; AND (2) A WORK EXPERIENCE AND SKILLS TRAINING COMPONENT PRE-APPRENTICESHIP PROGRAM THAT INCLUDES CONSTRUCTION AND REHABILITATION ACTIVITIES DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION. THE PROCESS OF CONSTRUCTION MUST BE COUPLED WITH WORK EXPERIENCE SKILLS TRAINING AND WITH CLOSE ON-SITE SUPERVISION BY EXPERIENCED TRAINERS. THE CURRICULUM FOR THIS COMPONENT SHALL CONTAIN A SET OF LOCALLY AGREED UPON SKILLS AND COMPETENCIES THAT ARE SYSTEMATICALLY TAUGHT, WITH STUDENTS' MASTERY ASSESSED INDIVIDUALLY ON A REGULAR, ONGOING BASIS. THE WORK EXPERIENCE AND SKILLS TRAINING COMPONENT SHALL BE COORDINATED TO THE MAXIMUM EXTENT FEASIBLE WITH PREAPPRENTICESHIP PROGRAMS, AND APPRENTICESHIP PROGRAMS AUTHORIZED UNDER ARTICLE TWENTY-THREE OF THIS CHAPTER. D. THE COST OF COUNSELING SERVICES DESIGNED TO ASSIST PARTICIPANTS TO POSITIVELY PARTICIPATE IN SOCIETY, WHICH SHOULD INCLUDE ALL OF THE FOLLOWING IF NECESSARY: OUTREACH, ASSESSMENT, AND ORIENTATION; INDIVID- UAL AND PEER COUNSELING; LIFE SKILLS TRAINING; DRUG AND ALCOHOL ABUSE EDUCATION AND PREVENTION; AND REFERRAL TO APPROPRIATE DRUG REHABILI- TATION, MEDICAL, MENTAL HEALTH, LEGAL, HOUSING, AND OTHER SERVICES AND RESOURCES IN THE COMMUNITY. S. 1506--B 151 2. A TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND THAT SHALL BE NO LESS THAN MINIMUM WAGE MUST BE PROVIDED TO PROGRAM PARTICIPANTS FOR THE TIME SPENT AT THE WORKSITE IN CONSTRUCTION TRAINING, HEALTH CARE OR INFORMATION TECHNOLOGY SERVICES. STIPENDS AND WAGES MAY BE DISTRIBUTED IN A MANNER THAT OFFERS INCENTIVES FOR GOOD PERFORMANCE. A. FULL TIME PARTICIPATION IN A YOUTHBUILD PROGRAM SHALL BE OFFERED FOR A PERIOD OF NOT LESS THAN SIX MONTHS AND NOT MORE THAN TWENTY-FOUR MONTHS. B. A CONCENTRATED EFFORT, FOR THOSE PARTICIPANTS WHO CHOOSE NOT TO IMMEDIATELY ENROLL IN AN INSTITUTION OF HIGHER EDUCATION, SHALL BE MADE TO FIND CONSTRUCTION, CONSTRUCTION-RELATED, AND NONCONSTRUCTION JOBS AS WELL AS JOBS IN THE FIELDS OF HEALTHCARE AND TECHNOLOGY FOR ALL GRADU- ATES OF THE PROGRAM WHO HAVE PERFORMED WELL. THE WORK EXPERIENCE SKILLS TRAINING CURRICULUM SHALL PROVIDE PARTICIPANTS WITH BASIC PREPARATION FOR SEEKING AND MAINTAINING A JOB. FOLLOW-UP COUNSELING AND ASSISTANCE IN JOB-SEEKING SHALL ALSO BE PROVIDED TO PARTICIPANTS FOR THE TWELVE MONTHS FOLLOWING GRADUATION FROM THE PROGRAM. C. ALL PROGRAMS SERVING TWENTY-EIGHT TRAINEES OR MORE ARE REQUIRED TO HAVE A FULL-TIME DIRECTOR RESPONSIBLE FOR THE COORDINATION OF ALL ASPECTS OF THE YOUTHBUILD PROGRAM. 3. A. ELIGIBLE PARTICIPANTS ARE YOUTH BETWEEN THE AGES OF SIXTEEN AND TWENTY-FOUR WHO ARE ECONOMICALLY DISADVANTAGED AS DEFINED IN 29 UNITED STATES CODE 1503, AND WHO ARE PART OF ONE OF THE FOLLOWING GROUPS: (1) PERSONS WHO ARE NOT ATTENDING ANY SCHOOL AND HAVE NOT RECEIVED A SECONDARY SCHOOL DIPLOMA OR ITS EQUIVALENT; OR (2) PERSONS CURRENTLY ENROLLED IN A TRADITIONAL OR ALTERNATIVE SCHOOL SETTING OR A HSE/TASC (HIGH SCHOOL EQUIVALENCY/TEST ASSESSING SECONDARY COMPLETION) PROGRAM AND WHO ARE IN DANGER OF DROPPING OUT OF SCHOOL; OR (3) VERY LOW-INCOME PERSONS WHOSE INCOMES ARE AT OR LESS THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME AREA, ADJUSTED FOR FAMILY SIZE, AS ESTIMATED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. B. AN EXCEPTION MAY BE MADE FOR INDIVIDUALS NOT MEETING INCOME OR EDUCATIONAL NEED REQUIREMENTS. NOT MORE THAN TWENTY-FIVE PERCENT OF THE PARTICIPANTS IN SUCH PROGRAM MAY BE INDIVIDUALS WHO DO NOT MEET THE REQUIREMENTS OF THIS SUBDIVISION, BUT WHO HAVE EDUCATIONAL NEEDS DESPITE THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA. 4. PRIORITY IN THE AWARDING OF FUNDS UNDER THIS SECTION SHALL BE GIVEN TO APPLICANTS WITH EXPERIENCE IN OPERATING YOUTHBUILD PROGRAMS AND IMPLEMENTING THE YOUTHBUILD MODEL, INCLUDING BUT NOT LIMITED TO, HOUSING CONSTRUCTION SKILLS TRAINING, EDUCATION, LEADERSHIP DEVELOPMENT, LIFE SKILLS TRAINING, AND COUNSELING SERVICES. PRIORITY SHALL ALSO BE GIVEN TO THOSE WHO MEET THE PROGRAM STANDARDS OF YOUTHBUILD USA, INC. 5. ANY NOT-FOR-PROFIT PRIVATE AGENCIES, OR PUBLIC AGENCIES WITH EXPE- RIENCE OPERATING A YOUTHBUILD PROGRAM OR WITH A PLAN TO INCUBATE A YOUTHBUILD PROGRAM UNTIL IT CAN BE ESTABLISHED AS A NOT-FOR-PROFIT PRIVATE AGENCY ARE ELIGIBLE ENTITIES. ONLY NOT-FOR-PROFIT PRIVATE AGEN- CIES OR PUBLIC AGENCIES THAT ARE LICENSED AFFILIATES OF YOUTHBUILD USA, INC. OR CURRENTLY RECEIVE A DEPARTMENT OF LABOR YOUTHBUILD AWARD, ARE ELIGIBLE TO USE THE TERM YOUTHBUILD OR ELIGIBLE TO APPLY FOR THESE FUNDS. 6. THE COMMISSIONER SHALL REQUIRE APPLICANTS FOR YOUTHBUILD FUNDS TO INCLUDE VARIOUS INFORMATION ON THE APPLICANT'S PROGRAMS AND SHALL PROMULGATE REGULATIONS OUTLINING INFORMATION REQUIRED ON SUCH APPLICANT. PROVIDED, HOWEVER, THAT AT A MINIMUM SUCH APPLICATION SHALL INCLUDE: A. A REQUEST FOR AN IMPLEMENTATION GRANT, SPECIFYING THE AMOUNT OF THE GRANT REQUESTED AND ITS PROPOSED USES; S. 1506--B 152 B. A DESCRIPTION OF THE APPLICANT AND A STATEMENT OF ITS QUALIFICA- TIONS, INCLUDING A DESCRIPTION OF THE APPLICANT'S PAST EXPERIENCE RUNNING A YOUTHBUILD PROGRAM, AND ITS EXPERIENCE WITH HOUSING REHABILI- TATION OR CONSTRUCTION AND WITH YOUTH AND YOUTH EDUCATION, YOUTH LEADER- SHIP DEVELOPMENT AND WORK EXPERIENCE SKILLS TRAINING PROGRAMS, AND ITS RELATIONSHIP WITH LOCAL UNIONS AND YOUTH APPRENTICESHIP PROGRAMS, AND OTHER COMMUNITY GROUPS; AND C. A DESCRIPTION OF THE EDUCATIONAL AND WORK EXPERIENCE SKILLS TRAIN- ING ACTIVITIES, WORK OPPORTUNITIES, AND OTHER SERVICES THAT SHALL BE PROVIDED TO PARTICIPANTS. § 4. This act shall take effect one year after it shall have become a law. PART II Section 1. Subdivisions 5, 8 and 10 of section 230 of the labor law, subdivisions 5 and 8 as added by chapter 777 of the laws of 1971, subdi- vision 10 as added by chapter 547 of the laws of 1998, are amended and seven new subdivisions 15, 16, 17, 18, 19, 20 and 21 are added to read as follows: 5. "Wage" includes: (a) basic hourly cash rate of pay; and (b) supple- ments. The term "supplements" means fringe benefits including medical or hospital care, pensions on retirement or death, compensation for inju- ries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits not otherwise required by federal, state or local law to be provided by the contractor, COVERED DEVELOPER, COVERED LESSEE OR LESSOR, COVERED EMPLOYER, or subcontractor. 8. "Fiscal officer" means the industrial commissioner, except for building service work performed by or on behalf of a city OR WHERE THE COVERED DEVELOPMENT PROJECT OR REAL PROPERTY SUBJECT TO A COVERED LEASE IS LOCATED WITHIN A CITY WITH A POPULATION OF OVER ONE MILLION, in which case "fiscal officer" means the comptroller or other analogous officer of such city. 10. "Substantially-owned affiliated entity" shall mean the parent company of the contractor or subcontractor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR any subsidiary of the contractor or subcontrac- tor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR, or any entity in which the parent of the contractor or subcontractor, OR COVERED DEVELOP- ER, OR COVERED LESSEE OR LESSOR owns more than fifty percent of the voting stock, or an entity in which one or more of the top five share- holders of the contractor or subcontractor individually or collectively also owns a controlling share of the voting stock, or an entity which exhibits any other indicia of control over the contractor or subcontrac- tor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR or over which the contractor or subcontractor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR exhibits control, regardless of whether or not the controlling party or parties have any identifiable or documented ownership interest. Such indicia shall include: power or responsibility over employment decisions, access to and/or use of the relevant entity's assets or equipment, power or responsibility over contracts of the entity, respon- sibility for maintenance or submission of certified payroll records, and influence over the business decisions of the relevant entity. S. 1506--B 153 15. "COVERED DEVELOPER" MEANS ANY ENTITY RECEIVING FINANCIAL ASSIST- ANCE IN RELATION TO A COVERED DEVELOPMENT PROJECT, OR ANY ASSIGNEE OR SUCCESSOR IN INTEREST OF REAL PROPERTY THAT QUALIFIES AS A COVERED DEVELOPMENT PROJECT. 16. "COVERED EMPLOYER" MEANS ANY ENTITY, OTHER THAN A COVERED DEVELOP- ER WHO EMPLOYS BUILDING SERVICE WORKERS AT A COVERED DEVELOPMENT PROJECT OR AT ANY REAL PROPERTY SUBJECT TO A COVERED LEASE. 17. "COVERED LESSEE" MEANS ANY ENTITY LEASING REAL PROPERTY FROM A PUBLIC AGENCY. 18. "COVERED LESSOR" MEANS ANY ENTITY FROM WHOM A PUBLIC AGENCY IS LEASING COMMERCIAL OFFICE SPACE OR COMMERCIAL OFFICE FACILITIES OF TEN THOUSAND SQUARE FEET OR MORE PROVIDED THAT THE PUBLIC AGENCY WHETHER THROUGH A SINGLE AGREEMENT OR MULTIPLE AGREEMENT LEASES NO LESS THAN FIFTY-ONE PERCENT OF THE TOTAL SQUARE FOOTAGE OF THE BUILDING TO WHICH THE LEASE OR LEASES APPLIES. 19. "FINANCIAL ASSISTANCE" MEANS ASSISTANCE THAT IS PROVIDED TO A COVERED DEVELOPER FOR THE IMPROVEMENT OR DEVELOPMENT OF REAL PROPERTY, ECONOMIC DEVELOPMENT, JOB RETENTION AND GROWTH, OR OTHER SIMILAR PURPOSES, AND THAT IS PAID IN WHOLE OR IN PART BY A PUBLIC AGENCY OR AGENCIES, AND OF A CUMULATIVE TOTAL ANTICIPATED FINANCIAL VALUE OF ONE MILLION DOLLARS OR MORE. FINANCIAL ASSISTANCE INCLUDES, BUT IS NOT LIMITED TO, CASH PAYMENTS OR GRANTS, BOND FINANCING, TAX ABATEMENTS OR EXEMPTIONS (INCLUDING, BUT NOT LIMITED TO, ABATEMENTS OR EXEMPTIONS FROM REAL PROPERTY, MORTGAGE RECORDING, SALES AND USES TAXES, OR THE DIFFER- ENCE BETWEEN ANY PAYMENTS IN LIEU OF TAXES AND THE AMOUNT OF REAL PROP- ERTY OR OTHER TAXES THAT WOULD HAVE BEEN DUE IF THE PROPERTY WERE NOT EXEMPTED FROM THE PAYMENT OF SUCH TAXES), TAX INCREMENT FINANCING, FILING FEE WAIVERS, ENERGY COST REDUCTIONS, ENVIRONMENTAL REMEDIATION COSTS, WRITE-DOWNS IN THE MARKET VALUE OF BUILDING, LAND, OR THE COST OF CAPITAL IMPROVEMENTS RELATED TO REAL PROPERTY THAT, UNDER ORDINARY CIRCUMSTANCES, THE PUBLIC AGENCY WOULD NOT PAY FOR. WHERE ASSISTANCE TAKES THE FORM OF LOANS OR BOND FINANCING, THE VALUE OF THE ASSISTANCE SHALL BE DETERMINED BASED ON THE DIFFERENCE BETWEEN THE FINANCING COST TO A BORROWER AND THE COST TO A SIMILAR BORROWER THAT DOES NOT RECEIVE FINANCIAL ASSISTANCE. 20. "COVERED LEASE" MEANS ANY AGREEMENT BY A PUBLIC AGENCY WITH A COVERED LESSOR OR LESSEE. 21. "COVERED DEVELOPMENT PROJECT" MEANS A PROJECT THAT HAS RECEIVED OR IS EXPECTED TO RECEIVE FINANCIAL ASSISTANCE. § 2. The labor law is amended by adding a new section 231-a to read as follows: § 231-A. PREVAILING WAGE FOR COVERED LEASES AND COVERED DEVELOPMENT PROJECTS. 1. COVERED DEVELOPERS AND COVERED LESSEES OR LESSORS SHALL ENSURE THAT ALL BUILDING SERVICE EMPLOYEES PERFORMING BUILDING SERVICE WORK IN CONNECTION WITH A COVERED DEVELOPMENT PROJECT OR COVERED LEASE ARE PAID NO LESS THAN THE PREVAILING WAGE. 2. THE OBLIGATION TO PAY PREVAILING SUPPLEMENTS MAY BE DISCHARGED BY FURNISHING ANY EQUIVALENT COMBINATIONS OF FRINGE BENEFITS OR BY MAKING EQUIVALENT OR DIFFERENTIAL PAYMENTS IN CASH UNDER RULES AND REGULATIONS ESTABLISHED BY THE FISCAL OFFICER. 3. THE PUBLIC AGENCY PROVIDING FINANCIAL ASSISTANCE OR ENTERING INTO A COVERED LEASE SHALL REQUIRE, AS A CONTRACTUAL CONDITION OF SUCH FINAN- CIAL ASSISTANCE OR COVERED LEASE, THAT ANY BUILDING SERVICE EMPLOYEE PERFORMING BUILDING SERVICE WORK IN CONNECTION WITH A COVERED DEVELOP- MENT PROJECT OR COVERED LEASE, REGARDLESS OF THE EMPLOYING ENTITY, SHALL BE PAID NO LESS THAN THE PREVAILING WAGE; AND ANY LEASE, CONTRACT FOR S. 1506--B 154 PROPERTY MANAGEMENT SERVICES, OR CONTRACT FOR THE PROVISION OF BUILDING SERVICES, ENTERED INTO BY THE COVERED DEVELOPER OR COVERED LESSEE OR LESSOR, AND ANY SUBCONTRACT THEREOF, SHALL CONTAIN THE FOLLOWING PROVISION "ALL BUILDING SERVICE EMPLOYEES SHALL BE PAID NO LESS THAN THE PREVAILING WAGE AS PROVIDED BY THE FISCAL OFFICER AS DESCRIBED IN SECTION TWO HUNDRED AND THIRTY-FOUR OF THE LABOR LAW. ANY COVERED EMPLOYER, AS DEFINED IN SECTION TWO HUNDRED AND THIRTY OF THE LABOR LAW, SHALL MAINTAIN ALL RECORDS RELATING TO THE EMPLOYMENT OF BUILDING SERVICE WORKERS AS DESCRIBED IN SECTION TWO HUNDRED AND THIRTY-THREE OF THE LABOR LAW WHICH ARE TO BE PROVIDED TO THE COVERED DEVELOPER. SUCH COVERED EMPLOYER SHALL ALSO SUBMIT SUCH STATEMENTS AS REQUIRED UNDER SECTION TWO HUNDRED AND THIRTY-SEVEN OF THE LABOR LAW. THIS REQUIREMENT SHALL APPLY TO ANY COVERED DEVELOPMENT PROJECT OR REAL PROPERTY SUBJECT TO A COVERED LEASE AS PROVIDED BY ARTICLE NINE OF THE LABOR LAW." 4. UPON THE AWARD OF FINANCIAL ASSISTANCE OR ENTERING INTO A COVERED LEASE BY A PUBLIC AGENCY, THE AWARDING PUBLIC AGENCY SHALL IMMEDIATELY FURNISH TO THE FISCAL OFFICER (A) THE NAME AND ADDRESS OF THE AWARDEE; (B) THE DATE WHEN THE FINANCIAL ASSISTANCE WAS AWARDED OR THE COVERED LEASE WAS ENTERED INTO; (C) THE SPECIFIC BUILDING OR FACILITY ADDRESS OR ADDRESSES, OR LOCALITY TO WHICH THE COVERED LEASE OR FINANCIAL ASSIST- ANCE PERTAINS, IF THE FINANCIAL ASSISTANCE IS TARGETED TO A PARTICULAR BUILDING OR BUILDINGS, FACILITY OR FACILITIES, OR LOCALITY; AND (D) THE ANTICIPATED TOTAL VALUE OF THE FINANCIAL ASSISTANCE. 5. WHEN THE FINANCIAL ASSISTANCE TO THE COVERED DEVELOPMENT PROJECT APPLIES TO A PARTICULAR BUILDING OR BUILDINGS, FACILITY OR FACILITIES, OR LOCALITY THE PREVAILING WAGE SHALL APPLY ONLY TO SUCH BUILDING OR BUILDINGS, FACILITY OR FACILITIES, OR LOCALITY; HOWEVER WHEN THE FINAN- CIAL ASSISTANCE IS NOT SO LIMITED, THE COVERED DEVELOPMENT PROJECT SHALL BE DEEMED TO INCLUDE ANY BUILDING OR FACILITY IN WHICH THE COVERED DEVELOPER OPERATES WITHIN THE STATE AND THE PREVAILING WAGE REQUIREMENT SET FORTH IN THIS SECTION SHALL APPLY TO ANY BUILDING OR FACILITY IN WHICH THE COVERED DEVELOPER OPERATES WITHIN THE STATE. 6. THE FISCAL OFFICER SHALL MAINTAIN A LIST OF COVERED DEVELOPERS, COVERED LESSEES OR LESSORS, AND COVERED DEVELOPMENT PROJECTS, INCLUDING THE ADDRESSES OF EACH. SUCH LIST SHALL BE UPDATED AND PUBLISHED AS OFTEN AS IS NECESSARY TO KEEP IT CURRENT. 7. WITHIN TWO WEEKS OF RECEIVING FINANCIAL ASSISTANCE OR ENTERING INTO A COVERED LEASE, A COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER SHALL POST IN THE SAME LOCATION AND MANNER THAT OTHER STATUTORILY REQUIRED NOTICES ARE POSTED AT EVERY SUCH COVERED DEVELOP- MENT PROJECT OR REAL PROPERTY SUBJECT TO A COVERED LEASE, AND PROVIDE EACH BUILDING SERVICE EMPLOYEE A COPY OF A WRITTEN NOTICE WHICH SHALL BE PREPARED BY THE FISCAL OFFICER, DETAILING THE WAGES, BENEFITS, AND OTHER PROTECTIONS TO WHICH BUILDING SERVICE EMPLOYEES ARE ENTITLED UNDER THIS SECTION. SUCH NOTICE SHALL ALSO PROVIDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE FISCAL OFFICER AND A STATEMENT ADVISING BUILDING SERVICE EMPLOYEES THAT IF THEY HAVE BEEN PAID LESS THAT THE PREVAILING WAGE THEY MAY NOTIFY THE FISCAL OFFICER AND REQUEST AN INVESTIGATION OR BRING SUIT IN A COURT OF COMPETENT JURISDICTION. SUCH NOTICES SHALL BE POSTED IN ENGLISH AND IN ANY OTHER LANGUAGE WHICH AT LEAST TWENTY PERCENT OF EMPLOYEES SPEAK AS A PRIMARY LANGUAGE. SUCH NOTICE SHALL REMAIN POSTED FOR THE TIME THAT THE REQUIREMENTS OF THIS SECTION SHALL APPLY AND SHALL BE ADJUSTED PERIODICALLY TO REFLECT THE CURRENT PREVAILING WAGE FOR BUILDING SERVICE EMPLOYEES. IN ADDITION TO POSTING THE COVERED DEVELOP- ER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER SHALL PROVIDE EACH INDIVIDUAL EMPLOYEE A COPY OF THE NOTICE IN ENGLISH OR ANY OTHER S. 1506--B 155 LANGUAGE SPOKEN BY THE EMPLOYEE AS A PRIMARY LANGUAGE, SO LONG AS THE FISCAL OFFICER HAS MADE SUCH NOTICE AVAILABLE TO EMPLOYERS IN SUCH LANGUAGE ON ITS WEBSITE. THE FISCAL OFFICER SHALL MAKE AVAILABLE ON ITS WEBSITE SAMPLE WRITTEN NOTICES EXPLAINING THE RIGHTS OF BUILDING SERVICE EMPLOYEES UNDER THIS SECTION AND SHALL TRANSLATE SUCH SAMPLE WRITTEN NOTICES INTO SUCH LANGUAGES IT DEEMS APPROPRIATE. 8. THE REQUIREMENTS OF THIS SECTION SHALL APPLY FOR THE TERM OF THE FINANCIAL ASSISTANCE, FOR TEN YEARS FROM THE DATE THAT THE FINANCIALLY ASSISTED PROJECT OPENS, OR FOR THE DURATION OF ANY WRITTEN AGREEMENT BETWEEN A PUBLIC AGENCY AND A COVERED DEVELOPER PROVIDING FOR FINANCIAL ASSISTANCE, OR FOR THE DURATION OF THE COVERED LEASE, WHICHEVER IS LONG- ER. 9. THIS SECTION SHALL NOT PREEMPT ANY PUBLIC AGENCY FROM ESTABLISHING HIGHER MINIMUM WAGES FOR COVERED DEVELOPERS OR COVERED LESSEES OR LESSORS RECEIVING FINANCIAL ASSISTANCE OR LEASING FROM OR TO A PUBLIC AGENCY. NOR SHALL ANY COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER BE PREEMPTED FROM PAYING A WAGE HIGHER THAN THE PREVAILING WAGE. § 3. Section 232 of the labor law, as added by chapter 777 of the laws of 1971, is amended to read as follows: § 232. Overtime. An employee, employed by a contractor OR EMPLOYED AT A COVERED DEVELOPMENT PROJECT OR AT REAL PROPERTY SUBJECT TO A COVERED LEASE, who works more than eight hours in any one day or more than forty hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half times his prevailing basic cash hourly rate. § 4. Section 233 of the labor law, as added by chapter 777 of the laws of 1971, is amended to read as follows: § 233. Record keeping. 1. In all cases where service work is being performed pursuant to a contract therefor OR COVERED LEASE, OR COVERED DEVELOPMENT PROJECT, the contractor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR shall keep original payrolls or transcripts thereof, subscribed and confirmed by him as true, under penalties of perjury, showing the hours and days worked by each employee, the craft, trade or occupation at which he was employed, and the wages paid. A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR MAY SATISFY THIS REQUIREMENT BY OBTAINING COPIES OF EMPLOYMENT RECORDS FROM A COVERED EMPLOYER. 2. Where the wages paid include sums which are not paid directly to the workmen weekly and which are expended for supplements, the records required to be maintained shall include a record of such hourly payment on behalf of such employees, the supplement for which such payment has been made, and the name and address of the person to whom such payment has been made. In all such cases, the contractor OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR shall keep a true and inscribed copy of the agreement under which such payments are made, a record of all net payments made thereunder, and a list of all persons for whom such payments are made. A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR MAY SATISFY THIS REQUIREMENT BY OBTAINING COPIES OF EMPLOYMENT RECORDS FROM A COVERED EMPLOYER. 3. The records required to be maintained shall be kept on the site of the work during all of the time that work under the contract OR OTHER- WISE SUBJECT TO THE REQUIREMENTS OF THIS SECTION is being performed. 4. All records required to be maintained shall be preserved for a period of three years after the completion of work. 5. A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR SHALL INCLUDE A REQUIREMENT IN ALL LEASES, MANAGEMENT AGREEMENTS OR SERVICE CONTRACTS, S. 1506--B 156 AND ANY SUBCONTRACTS THEREOF, THAT ANY COVERED EMPLOYER SHALL COMPLY WITH THE RECORD KEEPING REQUIREMENTS OF THIS SECTION. THE COVERED DEVEL- OPER, OR COVERED LESSEE OR LESSOR SHALL OBTAIN SUCH RECORDS FROM ANY COVERED EMPLOYER AND PRESERVE SUCH RECORDS FOR A PERIOD OF SIX YEARS AFTER THE COMPLETION OF THE EMPLOYEE'S WORK. 6. FAILURE TO MAINTAIN SUCH RECORDS AS REQUIRED SHALL CREATE A REBUTT- ABLE PRESUMPTION THAT THE BUILDING SERVICE EMPLOYEES WERE NOT PAID THE WAGES AND SUPPLEMENTS REQUIRED UNDER THIS ARTICLE. § 5. Paragraph (f) of subdivision 1 of section 234 of the labor law, as added by chapter 777 of the laws of 1971, is amended to read as follows: (f) to require a contractor OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR to file with the fiscal officer a record of the wages actually paid by such contractor OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR to the employees and of their hours of work; § 6. The labor law is amended by adding a new section 235-a to read as follows: § 235-A. INVESTIGATIONS, HEARINGS, AND PRIVATE RIGHT OF ACTION FOR COVERED LEASES AND COVERED DEVELOPMENT PROJECTS. 1. WHENEVER THE FISCAL OFFICER HAS REASON TO BELIEVE THAT A BUILDING SERVICE EMPLOYEE PERFORM- ING BUILDING SERVICE WORK IN CONNECTION WITH A COVERED LEASE OR COVERED DEVELOPMENT PROJECT HAS BEEN PAID LESS THAN THE APPLICABLE PREVAILING WAGE AND SUPPLEMENTS OR UPON RECEIPT OF A WRITTEN COMPLAINT, THE FISCAL OFFICER SHALL CONDUCT A SPECIAL INVESTIGATION TO DETERMINE THE FACTS RELATING THERETO. 2. IF, DESPITE THE REQUIREMENTS OF LAW, THE FISCAL OFFICER HAS NOT DETERMINED THE PREVAILING WAGE AS REQUIRED IN THIS ARTICLE, THE FISCAL OFFICER SHALL DETERMINE IN THE PROCEEDING BEFORE HIM OR HER THE WAGES PREVAILING AT THE TIME THE WORK WAS PERFORMED FOR THE CRAFTS, TRADES OR OCCUPATIONS OF THE EMPLOYEES INVOLVED. 3. IN AN INVESTIGATION CONDUCTED UNDER THE PROVISIONS OF THIS SECTION, THE INQUIRY OF THE FISCAL OFFICER SHALL NOT EXTEND TO WORK PERFORMED MORE THAN THREE YEARS PRIOR TO: (A) THE FILING OF THE COMPLAINT, OR (B) THE COMMENCEMENT OF THE INVESTIGATION UPON THE FISCAL OFFICER'S OWN VOLITION, WHICHEVER IS EARLIER IN POINT OF TIME. 4. (A) THE INVESTIGATION AND HEARING SHALL BE EXPEDITIOUSLY CONDUCTED AND UPON THE COMPLETION THEREOF THE FISCAL OFFICER SHALL DETERMINE THE ISSUES RAISED AND SHALL MAKE AND FILE AN ORDER IN HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE PERSONALLY OR BY MAIL A COPY OF SUCH ORDER AND DETERMINATION TOGETHER WITH A NOTICE OF FILING UPON ALL PARTIES TO THE PROCEEDING AND UPON THE FINANCIAL OFFICER OF THE PUBLIC AGENCY INVOLVED. (B) IN ADDITION TO DIRECTING PAYMENT OF WAGES FOUND TO BE DUE, SUCH ORDER OF THE FISCAL OFFICER SHALL DIRECT PAYMENT OF LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO THE GREATER OF TWO PERCENT OF THE ANNUAL VALUE OF THE FINANCIAL ASSISTANCE OR COVERED LEASE, OR TWO-TENTHS OF A PERCENT OF THE TOTAL VALUE OF THE FINANCIAL ASSISTANCE OR COVERED LEASE. WHERE THE FISCAL OFFICER IS THE COMMISSIONER, THE PENALTY SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT IN THE STATE TREASURY. WHERE THE FISCAL OFFICER IS A CITY COMPTROLLER OR OTHER ANALOGOUS OFFICER, THE PENALTY SHALL BE PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY. (C) AN ORDER DIRECTING THE PAYMENT TO SPECIFIED EMPLOYEES OF WAGES FOUND TO BE DUE AND UNPAID SHALL INCLUDE INTEREST AT A RATE NOT LESS THAN SIX PER CENTUM PER YEAR AND NOT MORE THAN THE RATE OF INTEREST THEN IN EFFECT AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO SECTION FOURTEEN-A OF THE BANKING LAW PER ANNUM FROM THE S. 1506--B 157 TIME SUCH WAGES SHOULD HAVE BEEN PAID. IN DETERMINING THE RATE OF INTEREST TO BE IMPOSED THE FISCAL OFFICER SHALL CONSIDER THE SIZE OF THE EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY OF THE VIOLATION, THE HISTORY OF PREVIOUS VIOLATIONS OF THE EMPLOYER, SUCCESSOR OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF THE PARTNERS IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR THE COVERED EMPLOYER, AS DETER- MINED BY THE FISCAL OFFICER, AND THE FAILURE TO COMPLY WITH RECORDKEEP- ING OR OTHER NON-WAGE REQUIREMENTS. 5. (A) PROVIDED THAT NO PROCEEDING FOR JUDICIAL REVIEW AS PROVIDED IN THIS SECTION SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE FISCAL OFFICER SHALL FILE WITH THE COUNTY CLERK OF THE COUNTY WHERE THE EMPLOYER RESIDES OR HAS A PLACE OF BUSINESS THE ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO BE DUE. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER MAY BE ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT. (B) WHEN A FINAL DETERMINATION HAS BEEN MADE IN FAVOR OF A COMPLAINANT AND THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER FOUND VIOLATING THIS ARTICLE HAS FAILED TO MAKE PAYMENT AS REQUIRED BY THE ORDER OF THE FISCAL OFFICER, AND PROVIDED THAT NO RELEVANT PROCEED- ING FOR JUDICIAL REVIEW SHALL THEN BE PENDING AND THE TIME FOR INITI- ATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE FISCAL OFFICER MAY FILE A COPY OF THE ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO BE DUE WITH THE COUNTY CLERK OF THE COUNTY OF RESIDENCE OR PLACE OF BUSINESS OF ANY OF THE FOLLOWING: (I) ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OR ANY SUCCESSOR OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER; (II) ANY OF THE PARTNERS IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, AS DETERMINED BY THE FISCAL OFFICER; OR (III) ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE; PROVIDED, HOWEVER, THAT THE FISCAL OFFICER SHALL WITHIN FIVE DAYS OF THE FILING OF THE ORDER PROVIDE NOTICE THEREOF TO THE PARTNER OR TOP FIVE SHAREHOLDERS OR SUCCESSOR OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY. THE NOTIFIED PARTY MAY CONTEST THE FILING ON THE BASIS THAT IT IS NOT A PARTNER OR ONE OF THE FIVE LARGEST SHAREHOLDERS, AN OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, OR A SUCCESSOR OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY. IF, AFTER REVIEWING THE INFOR- MATION PROVIDED BY THE NOTIFIED PARTY IN SUPPORT OF SUCH CONTEST, THE FISCAL OFFICER DETERMINES THAT THE NOTIFIED PARTY IS NOT WITHIN THE DEFINITIONS DESCRIBED HEREIN, THE FISCAL OFFICER SHALL IMMEDIATELY WITH- DRAW HIS OR HER FILING OF THE ORDER. (C) THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER MAY BE ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT. S. 1506--B 158 6. WHEN A FINAL DETERMINATION HAS BEEN MADE AND SUCH DETERMINATION IS IN FAVOR OF AN EMPLOYEE, SUCH EMPLOYEE MAY, IN ADDITION TO ANY OTHER REMEDY PROVIDED BY THIS ARTICLE, INSTITUTE AN ACTION IN ANY COURT OF APPROPRIATE JURISDICTION AGAINST THE ENTITY FOUND TO HAVE VIOLATED THIS ARTICLE, ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF THE PARTNERS IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, AS DETERMINED BY THE FISCAL OFFICER, FOR THE RECOVERY OF THE DIFFERENCE BETWEEN THE SUM, IF ANY, ACTUALLY PAID TO HIM OR HER BY THE AFORESAID FINANCIAL OFFICER PURSUANT TO SAID ORDER AND THE AMOUNT FOUND TO BE DUE HIM OR HER AS DETERMINED BY SAID ORDER. SUCH ACTION MUST BE COMMENCED WITHIN THREE YEARS FROM THE DATE OF THE FILING OF SAID ORDER, OR IF THE SAID ORDER IS REVIEWED IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WITHIN THREE YEARS AFTER THE TERMI- NATION OF SUCH REVIEW PROCEEDING. 7. (A) ANY PERSON CLAIMED TO BE AGGRIEVED BY VIOLATION OF THIS ARTI- CLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION AGAINST THE ENTITY ALLEGED TO HAVE VIOLATED THIS ARTICLE, ANY SUBSTAN- TIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF THE PARTNERS IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNER- SHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, AS DETERMINED BY THE FISCAL OFFICER, FOR THE RECOVERY OF THE DIFFERENCE BETWEEN THE SUM, IF ANY, ACTUALLY PAID TO HIM OR HER BY THE AFORESAID FINANCIAL OFFICER PURSUANT TO SAID ORDER AND THE AMOUNT FOUND TO BE DUE HIM OR HER AS DETERMINED BY SAID ORDER. THE CAUSE OF ACTION MAY SEEK DAMAGES, INCLUD- ING PUNITIVE DAMAGES, AND FOR INJUNCTIVE RELIEF AND SUCH OTHER REMEDIES AS MAY BE APPROPRIATE, UNLESS SUCH PERSON HAS FILED A COMPLAINT WITH THE FISCAL OFFICER WITH RESPECT TO SUCH CLAIM. IN AN ACTION BROUGHT BY A BUILDING SERVICE EMPLOYEE, IF THE COURT FINDS IN FAVOR OF THE EMPLOYEE, IT SHALL AWARD THE EMPLOYEE, IN ADDITION TO OTHER RELIEF, HIS OR HER REASONABLE ATTORNEYS' FEES AND COSTS. (B) INVESTIGATION BY THE FISCAL OFFICER SHALL NOT BE A PREREQUISITE TO NOR A BAR AGAINST A PERSON BRINGING A CIVIL ACTION UNDER THIS SECTION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBDIVISIONS ONE THROUGH SIX OF THIS SECTION WHERE A COMPLAINT FILED WITH THE FISCAL OFFICER IS DISMISSED AN AGGRIEVED PERSON SHALL MAINTAIN ALL RIGHTS TO COMMENCE A CIVIL ACTION PURSUANT TO THIS ACTION AS IF NO COMPLAINT HAD BEEN FILED. (C) NO PROCEDURE OR REMEDY SET FORTH IN THIS SECTION IS INTENDED TO BE EXCLUSIVE OR A PREREQUISITE FOR ASSERTING A CLAIM FOR RELIEF TO ENFORCE ANY RIGHTS HEREUNDER IN A COURT OF LAW. THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT AN EMPLOYEE'S RIGHT TO BRING A COMMON LAW CAUSE OF ACTION FOR WRONGFUL TERMINATION. (D) ANY JUDGMENT OR COURT ORDER AWARDING REMEDIES UNDER THIS SECTION SHALL PROVIDE THAT IF ANY AMOUNTS REMAIN UNPAID UPON THE EXPIRATION OF NINETY DAYS FOLLOWING ISSUANCE OF JUDGMENT, OR NINETY DAYS AFTER EXPIRA- TION OF THE TIME TO APPEAL AND NO APPEAL IS THEN PENDING, WHICHEVER IS LATER, THE TOTAL AMOUNT OF JUDGMENT SHALL AUTOMATICALLY INCREASE BY FIFTEEN PERCENT. (E) IN ANY ACTION INSTITUTED UPON A WAGE CLAIM BY A BUILDING SERVICE EMPLOYEE IN WHICH THE EMPLOYEE PREVAILS, THE COURT MAY ALLOW SUCH S. 1506--B 159 EMPLOYEE, IN ADDITION TO ORDINARY COSTS, A REASONABLE SUM, NOT EXCEEDING ONE HUNDRED DOLLARS FOR EXPENSES WHICH MAY BE TAXED AS COSTS. NO ASSIG- NEE OF A WAGE CLAIM SHALL BE BENEFITED BY THIS PARAGRAPH. (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER UPON A LIABILITY IMPOSED BY THIS ARTICLE MUST BE COMMENCED WITHIN THE GREATER OF SIX YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUED OR TWO YEARS FROM THE TIME THE PLAINTIFF OR THE PERSON UNDER WHOM THE PLAINTIFF CLAIMS DISCOVERED THE FRAUD, OR COULD WITH REASONABLE DILIGENCE HAVE DISCOVERED IT. THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE AN EMPLOYEE FILES A COMPLAINT WITH THE FISCAL OFFICER OR THE FISCAL OFFICER COMMENCES AN INVESTIGATION, WHICHEVER IS EARLIER, UNTIL AN ORDER TO COMPLY ISSUED BY THE FISCAL OFFICER BECOMES FINAL, OR WHERE THE FISCAL OFFICER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE FISCAL OFFICER NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS CONCLUDED. 8. (A) NO PERSON SHALL TAKE ANY ADVERSE ACTION AGAINST AN EMPLOYEE THAT PENALIZES AN EMPLOYEE FOR, OR IS REASONABLY LIKELY TO DETER AN EMPLOYEE FROM, EXERCISING OR ATTEMPTING TO EXERCISE RIGHTS UNDER THIS ARTICLE OR INTERFERE WITH AN EMPLOYEE'S EXERCISE OF RIGHTS UNDER THIS ARTICLE. (B) TAKING AN ADVERSE ACTION INCLUDES, BUT IS NOT LIMITED TO THREATEN- ING, INTIMIDATING, DISCIPLINING, DISCHARGING, DEMOTING, SUSPENDING, OR HARASSING AN EMPLOYEE, REDUCING THE HOURS OF PAY OF AN EMPLOYEE, INFORM- ING ANOTHER EMPLOYER THAN AN EMPLOYEE HAS ENGAGED IN ACTIVITIES PROTECTED BY THIS ARTICLE, DISCRIMINATING AGAINST THE EMPLOYEE, INCLUD- ING ACTIONS RELATED TO PERCEIVED IMMIGRATION STATUS OR WORK AUTHORI- ZATION, AND MAINTENANCE OR APPLICATION OF AN ABSENCE CONTROL POLICY THAT COUNTS PROTECTED LEAVE AS AN ABSENCE THAT MAY LEAD TO OR RESULT IN AN ADVERSE ACTION. (C) AN EMPLOYEE NEED NOT EXPLICITLY REFER TO A PROVISION OF THIS ARTI- CLE TO BE PROTECTED FROM AN ADVERSE ACTION. (D) A CAUSAL CONNECTION MAY BE ESTABLISHED BETWEEN THE EXERCISE, ATTEMPTED EXERCISE, OR ANTICIPATED EXERCISE OF RIGHTS PROTECTED BY THIS ARTICLE AND AN EMPLOYER'S ADVERSE ACTION AGAINST AN EMPLOYEE OR A GROUP OF EMPLOYEES BY INDIRECT OR DIRECT EVIDENCE. (E) RETALIATION IS ESTABLISHED WHEN IT IS SHOWN THAT A PROTECTED ACTIVITY WAS A MOTIVATING FACTOR FOR AN ADVERSE ACTION, WHETHER OR NOT OTHER FACTORS MOTIVATED THE ADVERSE ACTION. 9. (A) WHEN A FINAL DETERMINATION HAS BEEN MADE AGAINST A COVERED EMPLOYER IN FAVOR OF A COMPLAINANT AND THE COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR HAS MADE PAYMENT TO THE COMPLAINANT OF ANY WAGES AND INTEREST DUE THE COMPLAINANT AND ANY CIVIL PENALTY, AND PROVIDING THAT NO RELEVANT PROCEEDING FOR JUDICIAL REVIEW SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR MAY FILE A COPY OF THE ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO BE DUE WITH THE COUNTY CLERK OF THE COUNTY OF RESIDENCE OR PLACE OF BUSINESS OF THE COVERED EMPLOYER. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE JUDGMENT MAY BE DOCKETED IN FAVOR OF THE COVERED DEVELOPER WHO MAY PROCEED AS A JUDGMENT CREDITOR AGAINST THE COVERED EMPLOYER FOR THE RECOVERY OF ALL MONIES PAID BY THE COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR UNDER SUCH ORDER. (B) WHEN A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR HAS MADE PAYMENT TO A COMPLAINANT OF ANY WAGES AND INTEREST DUE TO HIM OR HER BECAUSE OF A COVERED EMPLOYER'S VIOLATION OF THIS ARTICLE, THE COVERED S. 1506--B 160 DEVELOPER, OR COVERED LESSEE OR LESSOR MAY BRING SUIT TO RECOVER ALL MONIES PAID BY THE COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR FROM THE COVERED EMPLOYER. 10. WHEN TWO JUDGMENTS OR FINAL ORDERS PURSUANT TO THE PROVISIONS OF THIS SECTION HAVE BEEN ENTERED AGAINST A COVERED DEVELOPER, COVERED LESSEE OR LESSOR, COVERED EMPLOYER, SUCCESSOR, OR ANY SUBSTANTIALLY- OWNED AFFILIATED ENTITY OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OF THE PARTNERS IF THE COVERED DEVELOP- ER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP, ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OFFICER OF THE COVERED DEVEL- OPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE WITHIN ANY CONSECUTIVE SIX-YEAR PERIOD DETERMINING THAT SUCH COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER AND/OR ITS SUCCESSOR, SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OF THE PARTNERS OR ANY OF THE FIVE LARGEST SHARE- HOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE HAS WILLFULLY FAILED TO PAY THE PREVAILING WAGES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, WHETHER SUCH FAILURES WERE CONCURRENT OR CONSECUTIVE AND WHETHER OR NOT SUCH FINAL DETERMI- NATIONS CONCERNING SEPARATE COVERED LEASES OR AWARDS OF FINANCIAL ASSISTANCE ARE RENDERED SIMULTANEOUSLY, SUCH COVERED DEVELOPER, COVERED LESSEE OR LESSOR, COVERED EMPLOYER, SUCCESSOR, AND IF THE COVERED DEVEL- OPER, COVERED LESSEE OR LESSOR, COVERED EMPLOYER, SUCCESSOR, OR ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OF THE PARTNERS IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP, OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, OR ANY SUCCES- SOR IS A CORPORATION, ANY OFFICER OF SUCH CORPORATION WHO KNOWINGLY PARTICIPATED IN SUCH FAILURE, SHALL BE INELIGIBLE TO ENTER INTO COVERED LEASES WITH A PUBLIC AGENCY OR RECEIVE FINANCIAL ASSISTANCE FOR A PERIOD OF FIVE YEARS FROM THE DATE OF THE SECOND ORDER; PROVIDED, HOWEVER, THAT WHERE ANY SUCH FINAL ORDER INVOLVES THE FALSIFICATION OF PAYROLL RECORDS OR THE KICKBACK OF WAGES, THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, COVERED EMPLOYER, SUCCESSOR, SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY PARTNER IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE SHALL BE INELIGIBLE TO RECEIVE FOR A PERIOD OF FIVE YEARS FROM THE DATE OF THE FIRST FINAL ORDER. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS AFFECTING ANY PROVISION OF ANY OTHER LAW OR REGULATION RELATING TO THE AWARDING OF FINANCIAL ASSISTANCE OR ENTERING INTO A COVERED LEASE WITH A PUBLIC AGENCY. THE COMMISSIONER SHALL MAINTAIN A LIST OF COVERED DEVELOPERS, AND COVERED LESSEES OR LESSORS, WHO ARE INELIGIBLE, INCLUDING THEIR NAMES, ADDRESS, DATE AND DURATION OF THEIR INELIGIBILITY. SUCH LIST SHALL BE UPDATED AND PUBLISHED AS OFTEN AS IS NECESSARY TO KEEP IT CURRENT. S. 1506--B 161 § 7. Subdivision 1 of section 237 of the labor law, as amended by chapter 698 of the laws of 1988, is amended and a new subdivision 5 is added to read as follows: 1. Subcontractors engaged for service work by a contractor or its subcontractor AND COVERED EMPLOYERS, shall, upon receipt from the COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR, contractor or its subcontractor of the schedule of wages and supplements specified in the contract OR ARTICLE NINE PREVAILING WAGE SCHEDULE, provide to the COVERED DEVELOPER, COVERED LESSEE OR LESSOR, contractor or its subcon- tractor a verified statement attesting that the COVERED EMPLOYER OR subcontractor has received and reviewed such schedule of wages and supplements, and agrees that it will pay the applicable prevailing wages and will pay or provide the supplements specified therein. Such verified statement shall be filed in the manner described in subdivision three of this section FOR SUBCONTRACTORS OF A CONTRACTOR OR ITS SUBCONTRACTOR, AND IN THE MANNER DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION FOR COVERED EMPLOYERS. It shall be a violation of this article for any COVERED DEVELOPER, COVERED LESSEE OR LESSOR, contractor or its subcon- tractor to fail to provide for its subcontractor a copy of the schedule of wages and supplements specified in the contract OR ARTICLE NINE PREVAILING WAGE SCHEDULES. 5. PRIOR TO RECEIVING FINANCIAL ASSISTANCE OR ENTERING INTO A COVERED LEASE, OR AN EXTENSION, RENEWAL, AMENDMENT, MODIFICATION OF A COVERED LEASE, AND ANNUALLY THEREAFTER, EVERY COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER SHALL PROVIDE THE PUBLIC AGENCY PROVIDING FINANCIAL ASSISTANCE AND THE FISCAL OFFICER WITH AN ANNUAL VERIFIED STATEMENT THAT ALL BUILDING SERVICE EMPLOYEES EMPLOYED AT A COVERED DEVELOPMENT PROJECT OR AT REAL PROPERTY SUBJECT TO A COVERED LEASE BY THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR BY A COVERED EMPLOY- ER TO PERFORM BUILDING SERVICE WORK WILL BE AND/OR HAVE BEEN PAID THE PREVAILING WAGE. SUCH VERIFIED STATEMENT SHALL INCLUDE A RECORD OF THE DAYS AND HOURS WORKED AND THE WAGES PAID TO EACH BUILDING SERVICE EMPLOYEE EMPLOYED AT THE COVERED DEVELOPMENT PROJECT, OR AT REAL PROPER- TY SUBJECT TO A COVERED LEASE. WHERE THE WAGES PAID INCLUDE SUMS WHICH ARE NOT PAID DIRECTLY TO THE WORKMEN WEEKLY AND WHICH ARE EXPENDED FOR SUPPLEMENTS, THE STATEMENT SHALL INCLUDE A RECORD OF SUCH HOURLY PAYMENTS ON BEHALF OF SUCH EMPLOYEES, THE SUPPLEMENT FOR WHICH SUCH PAYMENT HAS BEEN MADE, AND THE NAME AND ADDRESS OF THE PERSON TO WHOM THE PAYMENT HAS BEEN MADE. SUCH STATEMENT SHALL BE VERIFIED BY THE OATH OF THE CHIEF EXECUTIVE OR CHIEF FINANCIAL OFFICER OF THE COVERED DEVEL- OPER, OR COVERED LESSEE OR LESSOR, OR THE DESIGNEE OF ANY SUCH PERSON THAT HE OR SHE HAS READ SUCH STATEMENTS SUBSCRIBED BY HIM OR HER AND KNOWS THE CONTENTS THEREOF, AND THAT THE SAME IS TRUE OF HIS OR HER OWN KNOWLEDGE, EXCEPT WITH RESPECT TO WAGES AND SUPPLEMENTS OWING BY CONTRACT WHICH MAY BE CERTIFIED UPON INFORMATION AND BELIEF. A VIOLATION OF ANY PROVISION OF THE STATEMENT, OR FAILURE TO PROVIDE SUCH STATEMENT, SHALL CONSTITUTE A VIOLATION OF THIS SECTION. THE FISCAL OFFICER OR A PUBLIC AGENCY LEASING OR PROVIDING FINANCIAL ASSISTANCE MAY INSPECT THE RECORDS MAINTAINED PURSUANT TO SECTION TWO HUNDRED THIRTY-THREE OF THIS ARTICLE TO VERIFY THESE STATEMENTS. § 8. Subdivision 1 of section 238 of the labor law, as added by chap- ter 777 of the laws of 1971, is amended and two new subdivisions 3 and 4 are added to read as follows: 1. Any contractor, COVERED DEVELOPER, COVERED LESSEE OR LESSOR, COVERED EMPLOYER, or subcontractor who shall upon his oath verify any statement required to be filed under this article which is known by him S. 1506--B 162 to be false shall be guilty of perjury and punishable as provided by the penal law. 3. IN THE EVENT OF A FAILURE BY A COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTI- CLE, THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOY- ER SHALL BE PROVIDED WITH A WRITTEN NOTICE OF FAILURE TO COMPLY BY THE FISCAL OFFICER ALLOWING TEN DAYS TO CURE THE FAILURE TO COMPLY. IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER FAILS TO TIMELY CURE IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY, THE FISCAL OFFICER SHALL BE PERMITTED TO SEEK THE FOLLOWING REMEDIES: (A) SUSPENSION: SUSPEND THE PAYMENTS OF ANY FINANCIAL ASSISTANCE TO THE COVERED DEVELOPER UNTIL THE DATE OF CURE. (B) LIQUIDATED DAMAGES: FAILURE TO PROVIDE A REQUIRED RECORD OR STATEMENT OR TO ALLOW WORK PLACE ACCESS MAY RESULT IN LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO THE GREATER OF TWO PERCENT OF THE ANNUAL VALUE OF THE FINANCIAL ASSISTANCE OR COVERED LEASE, OR TWO-TENTHS OF A PERCENT OF THE TOTAL VALUE OF THE FINANCIAL ASSISTANCE OR COVERED LEASE. (C) TERMINATION: A MATERIAL BREACH OF THIS ARTICLE THAT CONTINUES FOR A PERIOD OF SIX MONTHS OR MORE, SHALL ALLOW THE PUBLIC AGENCY TO TERMI- NATE THE FINANCIAL ASSISTANCE OR COVERED LEASE. (D) PENALTY FOR LATE FILING: LATE FILING OF ANY REPORT REQUIRED UNDER THIS ARTICLE: A PAYMENT OF ONE THOUSAND DOLLARS PER DAY FOR EACH DAY THE REPORT IS LATE FOR UP TO FOURTEEN DAYS. AFTER FOURTEEN DAYS, THE REMEDY IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL APPLY. 4. WHERE THE FISCAL OFFICER IS THE COMMISSIONER, THE PENALTY SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT IN THE STATE TREASURY. WHERE THE FISCAL OFFICER IS A CITY COMPTROLLER OR OTHER ANALOGOUS OFFICER, THE PENALTY SHALL BE PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY. § 9. Section 239 of the labor law, as added by chapter 777 of the laws of 1971, subdivisions 1, 2 and 3 as amended by chapter 770 of the laws of 1986, is amended to read as follows: § 239. Provisions in contracts prohibiting discrimination on account of race, creed, color, national origin, age or sex. [Every] COVERED DEVELOPERS AND COVERED LESSEES OR LESSORS SHALL COMPLY WITH THE FOLLOW- ING PROVISIONS AND EVERY contract for service work shall contain provisions by which the contractor agrees: (1) that in the hiring of employees for the performance of work under the contract or any subcontract thereunder within the territorial limits of this state, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, national origin, age, sex or disability, discriminate against any citizen of the state of New York who is qualified and avail- able to perform the work to which the employment relates; (2) that no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under the contract on account of race, creed, color, national origin, age, sex or disability; (3) that there may be deducted from the amount payable to the contrac- tor by the public agency under the contract a penalty of fifty dollars for each person for each day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (4) that the contract, COVERED LEASE, OR GRANT OF FINANCIAL ASSISTANCE may be cancelled or terminated by the public agency, and all moneys due or to become due thereunder may be forfeited for a second or any subse- S. 1506--B 163 quent violation of the terms or conditions of this section of the contract. § 10. Section 239-a of the labor law, as added by chapter 777 of the laws of 1971, is amended to read as follows: § 239-a. Enforcement of article. If the fiscal officer, as defined herein, finds that any COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR contractor on service work fails to comply with or evades the provisions of this article, he shall present evidence of such noncompliance or evasion to the public agency having charge of such work, OR WHO HAS ENTERED INTO A COVERED LEASE OR PROVIDED FINANCIAL ASSISTANCE FOR THE COVERED DEVELOPMENT PROJECT for enforcement. Where such evidence indi- cates a noncompliance or evasion on the part of a subcontractor OR COVERED EMPLOYER, the contractor OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSORS, shall be responsible for such noncompliance or evasion. It shall be the duty of the public agency in charge of such service work, OR WHO HAS ENTERED INTO A COVERED LEASE OR PROVIDED FINANCIAL ASSISTANCE FOR THE COVERED DEVELOPMENT PROJECT to enforce the provisions of this article. § 11. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through II of this act shall be as specifically set forth in the last section of such Parts.
2019-S1506C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2006
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S1506C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2019-2020 state fiscal year; relates to residency requirements for the purpose of qualifying for certain scholarships and financial assistance for higher education; and repeals section 609-a of the education law as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed by legislative bill numbers S.1250 and A.782 (Part D); relates to the arts capital grants fund (Part F)
2019-S1506C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1506--C A. 2006--C S E N A T E - A S S E M B L Y January 18, 2019 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C); to amend the education law, in relation to residency requirements for the purpose of qualifying for certain scholarships and financial assistance for higher education; and to repeal certain provisions of the education law relating thereto (Part D); intentionally omitted (Part E); to amend the state finance law, in relation to the arts capital grants fund (Part F); to utilize reserves in the mortgage insurance fund for various housing purposes and for municipal relief to the city of Albany (Part G); to amend the social services law, in relation to the initial period of licensure or registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto (Part H); to amend the social services law, in relation to federally required background clearances for persons working in residential foster care programs (Part I); to amend the social services law, in relation to residential programs for domestic violence victims; and repealing certain provisions of such law relat- ing thereto (Part J); to amend the family court act, the social services law and the executive law, in relation to persons in need of supervision; and to repeal certain provisions of the family court act
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-05-9 S. 1506--C 2 A. 2006--C relating thereto (Part K); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part L); to amend part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Part M); intentionally omitted (Part N); intentionally omitted (Part O); intentionally omitted (Part P); intentionally omitted (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); to amend the executive law, in relation to preventing discrimination based on lawful source of income in housing (Part T); intentionally omitted (Part U); intentionally omitted (Part V); intentionally omitted (Part W); intentionally omit- ted (Part X); intentionally omitted (Part Y); intentionally omitted (Part Z); to amend the election law, the executive law, the state finance law, the labor law, the vehicle and traffic law, the environ- mental conservation law, the public health law, the general municipal law, the military law, the domestic relations law, the education law, the mental hygiene law, the elder law, the social services law, the not-for-profit corporation law, the real property tax law, the New York state defense emergency act, the administrative code of the city of New York, and the New York city charter, in relation to changing the name of the New York state division of veterans' affairs to the New York state division of veterans' services; and to amend the execu- tive law, in relation to changing the name of the veterans' affairs commission to the veterans' services commission (Part AA); to amend the education law, in relation to the foster youth college success initiative eligibility requirements (Part BB); to amend the education law, in relation to authorizing the setting of a reduced rate of tuition at the state university of New York, the city university of New York and community colleges for certain students participating in dual or concurrent enrollment programs (Part CC); to amend the civil service law, in relation to providing that public employers, employee organizations, the state comptroller and the public employment relations board shall not be liable for and shall have a complete defense to certain claims relating to agency shop fee deductions (Part DD); and authorizing the state university of New York at Albany to lease or contract with certain tenants for the use of space in the Emerging Technology and Entrepreneurship Complex (Part EE) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2019-2020 state fiscal year. Each component is wholly contained within a Part identified as Parts A through EE. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, 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. S. 1506--C 3 A. 2006--C PART A Intentionally Omitted PART B Intentionally Omitted PART C Intentionally Omitted PART D Section 1. Section 609-a of the education law, as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is REPEALED. § 2. The opening paragraph of subparagraph (ii) of paragraph a of subdivision 5 of section 661 of the education law, as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is amended to read as follows: An applicant who is not a legal resident of the state eligible pursu- ant to subparagraph (i) of this paragraph, but is a United States citi- zen, a permanent lawful resident, [a lawful non-immigrant alien] AN INDIVIDUAL WHO IS GRANTED U OR T NON-IMMIGRANT STATUS PURSUANT TO THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000, A PERSON GRANTED TEMPORARY PROTECTED STATUS PURSUANT TO THE FEDERAL IMMIGRATION ACT OF 1990, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTOR- NEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, or an appli- cant without lawful immigration status shall be eligible for an award at the undergraduate level of study provided that the student: § 3. The opening paragraph of subparagraph (ii) of paragraph b of subdivision 5 of section 661 of the education law, as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is amended to read as follows: An applicant who is not a legal resident of the state eligible pursu- ant to subparagraph (i) of this paragraph, but is a United States citi- zen, a permanent lawful resident, [a lawful non-immigrant alien] AN INDIVIDUAL WHO IS GRANTED U OR T NON-IMMIGRANT STATUS PURSUANT TO THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000, A PERSON GRANTED TEMPORARY PROTECTED STATUS PURSUANT TO THE FEDERAL IMMIGRATION ACT OF 1990, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTOR- NEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, or an appli- cant without lawful immigration status shall be eligible for an award at the graduate level of study provided that the student: § 4. Subparagraph 10 of paragraph h of subdivision 2 of section 355 of the education law, as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is amended to read as follows: S. 1506--C 4 A. 2006--C (10) Such regulations shall further provide that any student who is not a legal resident of New York state but is a United States citizen, a permanent lawful resident, [a lawful non-immigrant alien] AN INDIVIDUAL WHO IS GRANTED U OR T NON-IMMIGRANT STATUS PURSUANT TO THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000, A PERSON GRANTED TEMPO- RARY PROTECTED STATUS PURSUANT TO THE FEDERAL IMMIGRATION ACT OF 1990, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, or an applicant without lawful immigration status may have the payment of tuition and other fees and charges reduced by state-aided programs, scholarships or other financial assistance awarded under the provisions of articles thirteen, thir- teen-A, fourteen and fourteen-A of this chapter, provided that the student meets the requirements set forth in subparagraph (ii) of para- graph a or subparagraph (ii) of paragraph b of subdivision five of section six hundred sixty-one of this chapter, as applicable. § 5. Paragraph (e) of subdivision 7 of section 6206 of the education law, as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is amended to read as follows: (e) The trustees shall further provide that any student who is not a legal resident of New York state but is a United States citizen, a permanent lawful resident, [a lawful non-immigrant alien] AN INDIVIDUAL WHO IS GRANTED U OR T NON-IMMIGRANT STATUS PURSUANT TO THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000, A PERSON GRANTED TEMPO- RARY PROTECTED STATUS PURSUANT TO THE FEDERAL IMMIGRATION ACT OF 1990, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, or an applicant without lawful immigration status may have the payment of tuition and other fees and charges reduced by state-aided programs, scholarships or other financial assistance awarded under the provisions of articles thirteen, thir- teen-A, fourteen and fourteen-A of this chapter, provided that the student meets the requirements set forth in subparagraph (ii) of para- graph a or subparagraph (ii) of paragraph b of subdivision five of section six hundred sixty-one of this chapter, as applicable. § 6. Subdivision 8-a of section 6305 of the education law, as added by a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is amended to read as follows: 8-a. The payment of tuition and other fees and charges of a student who is attending a community college and who is not a legal resident of New York state but is a United States citizen, a permanent lawful resi- dent, [a lawful non-immigrant alien] AN INDIVIDUAL WHO IS GRANTED U OR T NON-IMMIGRANT STATUS PURSUANT TO THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000, A PERSON GRANTED TEMPORARY PROTECTED STATUS PURSUANT TO THE FEDERAL IMMIGRATION ACT OF 1990, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, or an applicant without lawful immigration status may be reduced by state-aided programs, scholarships and other financial assistance awarded under the provisions of articles thirteen, thir- teen-A, fourteen and fourteen-A of this chapter, provided that the student meets the requirements set forth in subparagraph (ii) of para- S. 1506--C 5 A. 2006--C graph a or subparagraph (ii) of paragraph b of subdivision five of section six hundred sixty-one of this chapter, as applicable. § 7. The opening paragraph of subparagraph (ii) of paragraph (a) of subdivision 2 of section 6455 of the education law, as added by a chap- ter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is amended to read as follows: An applicant who is not a legal resident of New York state, but who is a United States citizen, a permanent lawful resident, [a lawful non-im- migrant alien] AN INDIVIDUAL WHO IS GRANTED U OR T NON-IMMIGRANT STATUS PURSUANT TO THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000, A PERSON GRANTED TEMPORARY PROTECTED STATUS PURSUANT TO THE FEDER- AL IMMIGRATION ACT OF 1990, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, or an applicant without lawful immigration status, shall be eligible for an award at the undergraduate level of study provided that the student: § 8. The opening paragraph of subparagraph (ii) of paragraph (a) of subdivision 3 of section 6455 of the education law, as added by a chap- ter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, is amended to read as follows: An applicant who is not a legal resident of New York state, but either is a United States citizen, a permanent lawful resident, [a lawful non- immigrant alien] AN INDIVIDUAL WHO IS GRANTED U OR T NON-IMMIGRANT STATUS PURSUANT TO THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000, A PERSON GRANTED TEMPORARY PROTECTED STATUS PURSUANT TO THE FEDERAL IMMIGRATION ACT OF 1990, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, or an applicant without lawful immigration status shall be eligible for an award at the graduate level of study provided that the student: § 9. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the education law constituting the Jose Peralta New York state DREAM act, as proposed in legislative bill numbers S. 1250 and A. 782, takes effect. PART E Intentionally Omitted PART F Section 1. Section 97-z of the state finance law, as added by chapter 625 of the laws of 1987, subdivision 3 as amended by chapter 83 of the laws of 1995, is amended to read as follows: § 97-z. Arts capital [revolving] GRANTS fund. 1. A special fund to be known as the "arts capital [revolving] GRANTS fund" is hereby estab- lished in the custody of the state comptroller and the commissioner of taxation and finance. 2. The fund shall consist of all monies appropriated for its purpose, all monies transferred to such fund pursuant to law, all monies required by this section or any other provision of law to be paid into or credit- ed to the fund[, including payments of principal of and interest on loans made from the fund] and any interest earnings which may accrue S. 1506--C 6 A. 2006--C from the investment of monies in the fund. Nothing contained herein shall prevent the New York state council on the arts from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 3. Monies of the fund, when allocated, shall be available for adminis- trative costs of the council and to make [loans] GRANTS to eligible not-for-profit arts organizations as provided in section 3.07 of the arts and cultural affairs law [and to pay the reasonable administrative costs of the dormitory authority incurred in monitoring construction on eligible projects and costs associated with contracts with outside enti- ties to disburse loans and receive payments on such loans, as provided in such section]. 4. Monies shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the chairman of the New York state council on the arts. § 2. This act shall take effect immediately. PART G Section 1. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the neighborhood preservation program, a sum not to exceed $8,479,000 for the fiscal year ending March 31, 2020. Within this total amount, one hundred fifty thousand dollars shall be used for the purpose of entering into a contract with the neighborhood preservation coalition to provide techni- cal assistance and services to companies funded pursuant to article XVI of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corpo- ration, for the purposes of reimbursing any costs associated with neigh- borhood preservation program contracts authorized by this section, a total sum not to exceed $8,479,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 2. Notwithstanding any other provision of law, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed $3,539,000 for the fiscal year ending March 31, 2020. Within this total amount, one hundred fifty thousand dollars shall be used for the purpose of entering into a contract with the rural housing coalition to provide technical assistance and services to compa- nies funded pursuant to article XVI of the private housing finance law. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to S. 1506--C 7 A. 2006--C the housing trust fund corporation, for the purposes of reimbursing any costs associated with rural preservation program contracts authorized by this section, a total sum not to exceed $3,539,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the state of New York mortgage agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2019. § 3. Notwithstanding any other provision of law, and in addition to the powers currently authorized to be exercised by the state of New York municipal bond bank agency, the state of New York municipal bond bank agency may provide, for purposes of municipal relief to the city of Albany, a sum not to exceed five million dollars for the city fiscal year ending December 31, 2019, to the city of Albany. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the state of New York mortgage agency shall transfer to the state of New York municipal bond bank agency for distribution as municipal relief to the city of Albany, a total sum not to exceed five million dollars, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insur- ance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2018-2019 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, such transfer to be made as soon as practicable no later than December 31, 2019, and provided further that the New York state director of the budget may request additional information from the city of Albany regarding the utilization of these funds and the finances and operations of the city, as appropriate. § 4. This act shall take effect immediately. PART H Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of section 390 of the social services law, as added by chapter 750 of the laws of 1990, is amended to read as follows: (i) "Child day care" shall mean CHILD CARE WHERE A LICENSE OR REGIS- TRATION PURSUANT TO THIS SECTION IS REQUIRED AND SHALL INCLUDE care for a child on a regular basis provided away from the child's residence for less than twenty-four hours per day by someone other than: (1) the parent, step-parent, guardian, or relative within the third degree of S. 1506--C 8 A. 2006--C consanguinity of the parents or step-parents of such child; OR (2) AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN PARAGRAPH (G) OF THIS SUBDIVISION. § 2. Subdivision 1 of section 390 of the social services law is amended by adding a new paragraph (g) to read as follows: (G) "ENROLLED LEGALLY EXEMPT PROVIDER" SHALL MEAN A PERSON WHO IS A CAREGIVER OR ENTITY THAT IS NOT REQUIRED TO BE LICENSED OR REGISTERED PURSUANT TO THIS SECTION AND THAT IS ENROLLED TO BE A CAREGIVER AND PROVIDE SUBSIDIZED CHILD CARE SERVICES TO ELIGIBLE FAMILIES IN ACCORD- ANCE WITH TITLE FIVE-C OF THIS ARTICLE AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. § 2-a. Subdivision 2 of section 390 of the social services law is amended by adding a new paragraph (d-1) to read as follows: (D-1) (I) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGULATIONS FOR INSPECTIONS OF ENROLLED LEGALLY EXEMPT PROVIDERS, WHICH SHALL INCLUDE THE COMPLETION OF A SATISFACTORY INSPECTION OF THE PREM- ISES WHERE CARE IS TO BE PROVIDED, BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. (II) PROVIDED HOWEVER, UNLESS A COMPLAINT IS MADE IN OR AS OTHERWISE AUTHORIZED SUCH INSPECTIONS SHALL NOT BE REQUIRED WHEN THE ENROLLED LEGALLY EXEMPT PROVIDER IS AN INDIVIDUAL, AGE EIGHTEEN OR OLDER, AND WHO, BY VIRTUE OF BLOOD, MARRIAGE OR COURT DECREE, IS, TO ALL OF THE CHILDREN THAT SUCH PERSON IS ENROLLED TO PROVIDE SUBSIDIZED CHILD CARE SERVICES TO IN ACCORDANCE WITH TITLE FIVE-C OF THIS ARTICLE: (A) A GRANDPARENT; (B) A GREAT-GRANDPARENT; (C) A SIBLING, PROVIDED THAT SUCH SIBLING RESIDES IN A SEPARATE HOUSE- HOLD FROM THE CHILD; (D) AN AUNT; OR (E) AN UNCLE. § 3. Paragraph (a) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows: (a) Child day care centers caring for seven or more children and group family day care programs, as defined in subdivision one of this section, shall obtain a license from the office of children and family services and shall operate in accordance with the terms of such license and the regulations of such office. Initial licenses [shall be valid for a peri- od of up to two years;] AND subsequent licenses shall be valid for a period of up to four years so long as the provider remains substantially in compliance with applicable law and regulations during such period. § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 of section 390 of the social services law, as amended by chapter 117 of the laws of 2010, is amended to read as follows: (A) Initial registrations [shall be valid for a period of up to two years,] AND subsequent registrations shall be valid for a period of up to four years so long as the provider remains substantially in compli- ance with applicable law and regulations during such period. § 5. Paragraphs (a) and (b) of subdivision 3 of section 390 of the social services law, paragraph (a) as amended by chapter 416 of the laws of 2000, and paragraph (b) as amended by chapter 117 of the laws of 2010, are amended to read as follows: (a) The office of children and family services may make announced or unannounced inspections of the records and premises of any child [day] care provider, whether or not such provider has a license from, or is registered with, the office of children and family services. The office S. 1506--C 9 A. 2006--C of children and family services shall make unannounced inspections of the records and premises of any child day care provider within fifteen days after the office of children and family services receives a complaint that, if true, would indicate such provider does not comply with the APPLICABLE regulations of the office of children and family services or with statutory requirements. If the complaint indicates that there may be imminent danger to the children, the office of children and family services shall investigate the complaint no later than the next day of operation of the provider. The office of children and family services may provide for inspections through the purchase of services. (b) (I) Where inspections have been made and violations of applicable statutes or regulations have been found, the office of children and family services shall within ten days advise the child day care provider in writing of the violations and require the provider to correct such violations. The office of children and family services may also act pursuant to subdivisions ten and eleven of this section. (II) WHERE INSPECTIONS HAVE BEEN MADE AND VIOLATIONS OF APPLICABLE STATUTES OR REGULATIONS HAVE BEEN FOUND, THE OFFICE OF CHILDREN AND FAMILY SERVICES OR ITS DESIGNEE SHALL, WITHIN TEN DAYS, ADVISE THE ENROLLED LEGALLY-EXEMPT PROVIDER IN WRITING OF THE VIOLATIONS AND REQUIRE THE PROVIDER TO CORRECT SUCH VIOLATIONS. § 6. Paragraph (a) of subdivision 4 of section 390 of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: (a) The office of children and family services on an annual basis shall inspect [at least twenty percent of all registered family day care homes, registered child day care centers and registered school age child care programs to determine whether such homes, centers and programs are operating in compliance with applicable statutes and regulations. The office of children and family services shall increase the percentage of family day care homes, child day care centers and school age child care programs which are inspected pursuant to this subdivision as follows: to at least thirty percent by the thirty-first of December two thousand; and to at least fifty percent by the thirty-first of December two thou- sand one] ALL CHILD DAY CARE PROGRAMS AND ALL ENROLLED LEGALLY-EXEMPT PROVIDERS EXCEPT WHEN SUCH PROVIDER IS DETERMINED TO BE EXEMPT IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (D-ONE) OF SUBDIVISION TWO OF THIS SECTION. The office of children and family services may provide for such inspections through purchase of services. [Priority shall be given to family day care homes which have never been licensed or certified prior to initial registration.] § 7. Subdivision 3 of section 390-a of the social services law, as added by chapter 416 of the laws of 2000, paragraph (b) as amended by chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter 117 of the laws of 2010, is amended to read as follows: 3. (a) The office of children and family services shall promulgate regulations requiring operators, program directors, employees and assistants of family day care homes, group family day care homes, school-age child care programs and child day care centers to receive PRE-SERVICE AND ANNUAL TRAINING, AS APPLICABLE. PROVIDED HOWEVER THAT SUCH PROVIDERS SHALL BE REQUIRED TO RECEIVE thirty hours of training every two years; provided, however, [that fifteen] ANY INDIVIDUAL OR PROVIDER WHO IS ALREADY IN COMPLIANCE WITH THIS SUBDIVISION, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBDIVISION, SHALL ONLY BE REQUIRED TO COMPLETE ANY ADDITIONAL FEDERAL TRAINING REQUIREMENTS WHICH THEY HAVE NOT ALREADY S. 1506--C 10 A. 2006--C COMPLETED IN ORDER TO BE DEEMED IN COMPLIANCE WITH THIS SUBDIVISION. FIFTEEN hours of such training must be received within the first six months of the initial licensure, registration or employment. Such train- ing requirements shall also apply to any volunteer in such day care homes, programs or centers who has the potential for regular and substantial contact with children. The thirty hours of training required during the first biennial cycle after initial licensure or registration shall include training received while an application for licensure or registration pursuant to section three hundred ninety of this title is pending. The office of children and family services may provide this training through purchase of services. (b) The training required in paragraph (a) of this subdivision shall address TOPICS AND SUBJECT MATTERS REQUIRED BY FEDERAL LAW AND the following topics OR SUBJECT MATTERS, UNLESS SUCH TOPICS OR SUBJECT MATTERS ARE SUBSTANTIALLY COVERED IN TRAINING THAT IS REQUIRED PURSUANT TO FEDERAL LAW: (i) principles of childhood development, focusing on the developmental stages of the age groups for which the program provides care; (ii) nutrition and health needs of infants and children; (iii) child day care program development; (iv) safety and security procedures; (v) business record maintenance and management; (vi) child abuse and maltreatment identification and prevention; (vii) statutes and regulations pertaining to child day care; (viii) statutes and regulations pertaining to child abuse and maltreatment; and (ix) for operators, program directors, employees and assistants of family day care homes, group family day care homes and child day care centers, education and information on the identification, diagnosis and prevention of shaken baby syndrome. (c) For the thirty hours of biennial training required after the initial period of licensure or registration, each provider who can demonstrate basic competency shall determine in which of the specified topics he or she needs further study, based on the provider's experience and the needs of the children in the provider's care. (d) Family day care home and group family day care home operators shall obtain training pertaining to protection of the health and safety of children, as required by regulation, prior to the issuance of a license or registration by the office of children and family services. (e) Upon request by the office of children and family services, the child day care applicant or provider shall submit documentation demon- strating compliance with the training requirements of this section. § 8. The section heading of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: Criminal history review AND BACKGROUND CLEARANCES of child care providers, generally. § 9. Subdivisions 1, 2 and 3 of section 390-b of the social services law are REPEALED and five new subdivisions 1, 1-a, 2, 3, 3-a and 3-b are added to read as follows: 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND SUBJECT TO RULES AND REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND, WHERE APPLICABLE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE FOLLOWING CLEARANCES SHALL BE CONDUCTED FOR ENTITIES SPEC- IFIED IN SUBDIVISION TWO OF THIS SECTION IN THE TIME AND MANNER AS REQUIRED BY THIS SECTION: S. 1506--C 11 A. 2006--C (A) A CRIMINAL HISTORY RECORD CHECK WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES; (B) A SEARCH OF THE CRIMINAL HISTORY REPOSITORY IN EACH STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S CRIMINAL HISTORY RECORD INFORMATION WILL BE PROVIDED AS PART OF THE RESULTS OR THE CLEARANCE CONDUCTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; (C) A NATIONAL CRIMINAL RECORD CHECK WITH THE FEDERAL BUREAU OF INVES- TIGATION; THE DIVISION OF CRIMINAL JUSTICE SERVICES IS DIRECTED TO SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK, PURSUANT TO AND CONSISTENT WITH PUBLIC LAW 113-186 TO DETERMINE WHETHER SUCH PERSONS SHALL HAVE A CRIMINAL HISTORY IN ANY STATE OR FEDERAL JURISDICTION; (D) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY; (E) A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION; (F) A SEARCH OF THE NATIONAL SEX OFFENDER REGISTRY USING THE NATIONAL CRIME AND INFORMATION CENTER, ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.); (G) A DATABASE CHECK OF THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS ARTICLE; AND (H) A SEARCH OF A STATE-BASED CHILD ABUSE OR NEGLECT REPOSITORY OF ANY STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES OR RESIDED DURING THE PRECEDING FIVE YEARS; IF APPLICABLE. 1-A. FOR PURPOSES OF THIS SECTION, AND IN ACCORDANCE WITH FEDERAL LAW, THE TERM "ENROLLED LEGALLY-EXEMPT PROVIDER" SHALL REFER TO A PERSON WHO MEETS THE DEFINITION OF "ENROLLED LEGALLY-EXEMPT PROVIDER" AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE AND WHO IS NOT AN INDIVIDUAL WHO IS RELATED TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES ARE PROVIDED. 2. IN RELATION TO ANY CHILD DAY CARE PROGRAM AND ANY ENROLLED LEGAL- LY-EXEMPT PROVIDER: (A) THE CLEARANCES REQUIRED PURSUANT TO PARAGRAPHS (A), (C), (D) AND (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONDUCTED FOR: (I) EVERY PROSPECTIVE VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE; (II) EVERY APPLICANT TO BECOME AN ENROLLED LEGALLY-EXEMPT PROVIDER; (III) EVERY PROSPECTIVE EMPLOYEE, DIRECTOR OR OPERATOR OF SUCH A PROGRAM OR PROVIDER; AND (IV) EVERY INDIVIDUAL EIGHTEEN YEARS OF AGE AND OVER RESIDING OR WHO BEGINS TO RESIDE IN A HOME WHERE SERVICES ARE OR WILL BE PROVIDED IN A FAMILY OR GROUP FAMILY SETTING; AND (V) EVERY INDIVIDUAL EIGHTEEN YEARS OF AGE AND OVER RESIDING OR WHO BEGINS TO RESIDE IN A HOME WHERE SERVICES ARE OR WILL BE PROVIDED WHO ARE NOT RELATED IN ANY WAY TO ALL CHILDREN RECEIVING SERVICES AS OR WILL BE PROVIDED BY AN ENROLLED LEGALLY EXEMPT PROVIDER; (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO OCTOBER FIRST, TWO THOUSAND TWENTY, ALL CLEARANCES LISTED IN SUBDIVI- SION ONE OF THIS SECTION THAT HAVE NOT PREVIOUSLY BEEN CONDUCTED PURSU- ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND FOR WHICH ON-GOING CRIMINAL HISTORY RESULTS ARE NOT ALREADY PROVIDED, SHALL BE CONDUCTED IN ACCORD- S. 1506--C 12 A. 2006--C ANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, FOR ALL: (I) EXISTING VOLUNTEERS WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN CARE; (II) EXISTING CAREGIVERS FOR AN ENROLLED LEGALLY EXEMPT PROVIDER; (III) EXISTING EMPLOYEES, DIRECTORS AND OPERATORS OF ANY SUCH PROGRAM OR PROVIDER; AND (IV) EVERY INDIVIDUAL EIGHTEEN YEARS OF AGE AND OVER RESIDING OR WHO BEGINS TO RESIDE IN A HOME WHERE SERVICES ARE OR WILL BE PROVIDED IN A FAMILY OR GROUP FAMILY SETTING; AND (V) EVERY INDIVIDUAL EIGHTEEN YEARS OF AGE AND OVER RESIDING OR WHO BEGINS TO RESIDE IN A HOME WHERE SERVICES ARE OR WILL BE PROVIDED WHO ARE NOT RELATED IN ANY WAY TO ALL CHILDREN RECEIVING SERVICES AS OR WILL BE PROVIDED BY AN ENROLLED LEGALLY EXEMPT PROVIDER; (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CLEARANCES REQUIRED PURSUANT TO THIS SECTION OTHER THAN THOSE FOR WHICH ON-GOING CRIMINAL HISTORY RESULTS ARE PROVIDED, SHALL BE CONDUCTED FOR A PERSON LISTED IN SUBPARAGRAPHS (I), (II), (III) AND (IV) OF PARAGRAPH (B) OF THIS SUBDIVISION AT LEAST ONCE EVERY FIVE YEARS IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN RELATION TO THE CLEARANCES REQUIRED PURSUANT TO THIS SECTION, AN INDI- VIDUAL OR A PROGRAM OR PROVIDER SHALL BE DEEMED INELIGIBLE, AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF SUCH INDIVIDUAL: (I) REFUSES TO CONSENT TO SUCH CLEARANCE; (II) KNOWINGLY MAKES A MATERIALLY FALSE STATEMENT IN CONNECTION WITH SUCH A CLEARANCE; (III) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON A STATE SEX OFFENDER REGISTRY OR REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (42 U.S.C. 16901 ET SEQ.); OR (IV) HAS BEEN CONVICTED OF A CRIME ENUMERATED IN SUBPARAGRAPH (E) OR CLAUSES (I) THROUGH (VIII) OF SUBPARAGRAPH (D) OF PARAGRAPH (1) OF SUBDIVISION (C) OF 42 U.S.C. 9858F. (B) FOR PURPOSE OF THIS SUBDIVISION, THE TERM "INELIGIBLE" SHALL MEAN: (I) THE INDIVIDUAL WHO ENGAGED IN CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE PERMITTED TO: (1) OPERATE, DIRECT, BE THE CAREGIVER FOR, OR BE EMPLOYED BY A CHILD DAY CARE PROGRAM OR AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (2) BE A VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN IN A CHILD DAY CARE PROGRAM OR WITH AN ENROLLED LEGALLY-EXEMPT PROVIDER; OR (3) BE AN ENROLLED LEGALLY EXEMPT PROVIDER; OR (II) IN RELATION TO CHILD DAY CARE PROGRAMS OR ANY ENROLLED LEGALLY- EXEMPT PROVIDERS, WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, TO A CHILD IN A HOME SETTING WHERE SUCH CHILD DOES NOT RESIDE, SUCH PROGRAM OR PROVIDER SHALL NOT BE ELIGIBLE TO OPERATE OR TO BE ENROLLED TO SERVE CHILDREN RECEIVING CHILD CARE SUBSIDIES PURSUANT TO TITLE FIVE-C OF THIS ARTICLE, IF AN INDIVIDUAL OVER THE AGE OF EIGHTEEN WHO IS NOT RELATED IN ANY WAY TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES ARE OR WILL BE PROVIDED, RESIDES IN THE HOUSEHOLD WHERE CHILD CARE IS, OR IS PROPOSED TO BE PROVIDED, ENGAGED IN CONDUCT LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. 3-A. (A) IN RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY-EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT ANY EXISTING OPERATOR, DIRECTOR, CAREGIVER, OR S. 1506--C 13 A. 2006--C PERSON OVER THE AGE OF EIGHTEEN WHO IS NOT RELATED IN ANY WAY TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES ARE OR WILL BE PROVIDED, THAT RESIDES IN A HOME WHERE CHILD CARE IS PROVIDED IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE HAS BEEN CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM, AND MAY DENY, LIMIT, SUSPEND, REVOKE OR REJECT SUCH PROGRAM'S LICENSE OR REGIS- TRATION OR TERMINATE OR REJECT SUCH PROGRAM'S ENROLLMENT, AS APPLICABLE, UNLESS THE OFFICE OF CHILDREN AND FAMILY SERVICES, DETERMINES IN ITS DISCRETION, THAT CONTINUED OPERATION BY THE CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH, SAFETY OR WELFARE OF THE CHILDREN CARED FOR IN THE PROGRAM OR BY THE PROVIDER. (B) IN RELATION TO CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY- EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT ANY EXISTING EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN HAS BEEN CONVICTED OF A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, THE OFFICE OF CHILDREN OF FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY DIRECT THE PROGRAM OR PROVIDER TO TERMINATE THE EMPLOYEE OR VOLUNTEER BASED ON SUCH A CONVICTION, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. (C) (I) IN RELATION TO ANY CHILD DAY CARE PROGRAMS AND ANY ENROLLED LEGALLY-EXEMPT PROVIDERS, WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, FOR ANY PROSPECTIVE EMPLOYEE OR VOLUNTEER, THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY DIRECT THAT SUCH PERSON NOT BE HIRED, AS APPLICABLE, BASED ON SUCH A CONVICTION, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. (II) IN RELATION TO ANY CHILD DAY CARE PROGRAM AND ANY ENROLLED LEGAL- LY-EXEMPT PROVIDER, WHEN A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET FORTH IN SUBPARA- GRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, FOR ANY PROSPECTIVE CAREGIVER SEEKING ENROLLMENT, OR APPLICANT TO BE A DIRECTOR OR OPERATOR, THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY DENY THE APPLICATION OR ENROLLMENT, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. (D) (I) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN APPLICANT TO BE THE OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM, OR APPLICANT TO BE A CAREGIVER, OR ANYONE WHO IS NOT RELATED IN ANY WAY TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES WILL BE PROVIDED, RESIDES IN THE HOME OVER THE AGE OF EIGHTEEN WHERE CHILD DAY CARE IS PROPOSED TO BE PROVIDED TO CHILDREN IN A HOME-BASED SETTING HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS FINALLY RESOLVED. (II) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT THE CURRENT OPERATOR OR DIRECTOR OF A CHILD DAY CARE PROGRAM, OR ANY PERSON OVER THE AGE OF EIGHTEEN WHO IS NOT RELATED IN ANY WAY TO ALL CHILDREN FOR WHOM CHILD CARE SERVICES WILL BE PROVIDED, THAT RESIDES IN A HOME WHERE CHILD DAY CARE IS PROVIDED HAS BEEN CHARGED WITH A CRIME, S. 1506--C 14 A. 2006--C THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY SUSPEND A LICENSE OR REGISTRATION OR TERMINATE ENROLLMENT BASED ON SUCH A CHARGE WHEN NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. (III) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN EXISTING CAREGIVER, VOLUNTEER OR AN EXISTING EMPLOYEE OF AN ENROLLED LEGALLY-EXEMPT PROVIDER OR ANY PERSON OVER THE AGE OF EIGHTEEN THAT RESIDES IN A HOME WHERE THE CHILD CARE IS PROVIDED BY AN ENROLLED LEGALLY-EXEMPT PROVIDER IN A HOME SETTING WHERE THE CHILD DOES NOT RESIDE, HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL TAKE ONE OR MORE OF THE FOLLOWING STEPS: (A) CONDUCT A SAFETY ASSESSMENT; OR (B) TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF CHILDREN IN THE PROGRAM. (IV) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT AN APPLICANT TO BE AN EMPLOYEE OR VOLUNTEER WITH THE POTENTIAL FOR UNSU- PERVISED CONTACT WITH CHILDREN OF A CHILD DAY CARE PROGRAM OR ENROLLED LEGALLY-EXEMPT PROVIDER HAS BEEN CHARGED WITH A CRIME, THE OFFICE SHALL HOLD THE APPLICATION IN ABEYANCE UNTIL THE CHARGE IS FINALLY RESOLVED. (V) WHERE A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION REVEALS THAT A CURRENT EMPLOYEE, OR CURRENT VOLUNTEER WITH THE POTENTIAL FOR UNSUPER- VISED CONTACT WITH CHILDREN OF A CHILD DAY CARE PROGRAM HAS BEEN CHARGED WITH A CRIME, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONDUCT A SAFETY ASSESSMENT OF THE PROGRAM AND TAKE ALL APPROPRIATE STEPS TO PROTECT THE HEALTH AND SAFETY OF THE CHILDREN IN THE PROGRAM. 3-B. ALL PERSONS WHO ARE SUBJECTED TO A CRIMINAL HISTORY AND BACK- GROUND CLEARANCE AND SAFETY ASSESSMENT PURSUANT TO THIS SECTION WHO THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES: (I) SHOULD BE DENIED ENROLLMENT, EMPLOYMENT, OR THE ABILITY TO VOLUNTEER PURSUANT TO A BACK- GROUND CLEARANCE ANALYSIS PERFORMED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND (II) WHERE SUCH DENIAL IS NOT BASED ON AN OFFENSE LISTED IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, SHALL HAVE THE ABILITY TO REQUEST A DE NOVO REVIEW OF THE ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW DETERMINATION IN AN ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE, TO BE HELD AND COMPLETED BEFORE THE PRESENT EMPLOYER IS NOTIFIED OF SUCH CLEARANCE DETERMINATION. SUCH PERSON SHALL HAVE REASONABLE NOTICE CONCERNING THE DETERMINATION, AND INFORMATION REGARDING HOW TO REQUEST A HEARING TO REVIEW THAT DETERMINATION, AND AN OPPORTUNITY TO PROVIDE ANY ADDITIONAL INFORMATION THAT SUCH PERSON DEEMS RELEVANT TO SUCH DETERMINATION. SUCH PERSON MAY CHOOSE TO BE HEARD IN PERSON, BY VIDEO CONFERENCE IF REASONABLY AVAILABLE, OR THROUGH SUBMISSION OF WRITTEN MATERIALS. WHERE SUCH REQUEST IS MADE, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO HAVE AN OPPORTUNITY TO BE HEARD. § 10. Subdivision 6 of section 390-b of the social services law is REPEALED and a new subdivision 6 is added to read as follows: 6. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PAY ANY REQUIRED PROCESSING FEE FOR A CRIMINAL HISTORY OR SEX OFFENDER CLEARANCE PURSUANT TO THIS SECTION. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMPTLY SUBMIT FINGERPRINTS OBTAINED PURSUANT TO THIS SECTION AND SUCH PROCESSING FEE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. § 11. Subdivision 7 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, is amended to read as follows: S. 1506--C 15 A. 2006--C 7. Where the office of children and family services OR ITS DESIGNEE DENIES OR directs a child day care OR AN ENROLLED LEGALLY-EXEMPT provid- er to deny an application based on the criminal history record[,]; (A) the provider must notify the applicant that such record is the basis of the denial; AND (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY AS THE CASE MAY BE, SUCH CURRENT OR PROSPECTIVE OPERATOR, DIRECTOR, EMPLOYEE, ASSISTANT, LEGALLY EXEMPT PROVIDER, VOLUNTEER WITH THE POTENTIAL FOR UNSUPERVISED CONTACT WITH CHILDREN OR OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER, WHO RESIDES IN THE HOME WHERE CARE IS PROVIDED, OTHER THAN THE CHILD'S HOME, THAT THE CRIMINAL RECORD CHECK WAS THE BASIS FOR THE DENIAL OF CLEARANCE AND SHALL PROVIDE SUCH INDI- VIDUAL WITH A COPY OF THE RESULTS OF THE NATIONAL CRIMINAL RECORD CHECK UPON WHICH SUCH DENIAL WAS BASED TOGETHER WITH A WRITTEN STATEMENT SETTING FORTH THE REASONS FOR SUCH DENIAL, AS WELL AS A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH NATIONAL RECORD CHECK PROVIDED BY THE FEDERAL BUREAU OF INVESTI- GATION. § 12. Subdivisions 9 and 10 of section 390-b of the social services law, as added by chapter 416 of the laws of 2000, are amended and a new subdivision 11 is added to read as follows: 9. (A) Any criminal history record provided by the division of crimi- nal justice services, and any summary of the criminal history record provided by the office of children and family services to a [child day care provider] PERSON THAT RECEIVES A CLEARANCE pursuant to this section, is confidential and shall not be available for public inspection; provided, however, nothing herein shall prevent [a child day care provider or] the office of children and family services from disclosing criminal history information OR THE INDIVIDUAL FROM DISCLOS- ING HIS OR HER CRIMINAL HISTORY INFORMATION at any administrative or judicial proceeding relating to the denial or revocation of an applica- tion, employment, license or registration. The subject of a criminal history review conducted pursuant to this section shall be entitled to receive, upon written request, a copy of the summary of the criminal history record [provided by the office of children and family services to the child day care provider]. Unauthorized disclosure of such records or reports shall BE subject [the provider] to civil penalties in accordance with the provisions of subdivision eleven of section three hundred ninety of this title. (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO ANY NON-PUBLIC ENTITY. 10. A child day care OR ENROLLED LEGALLY-EXEMPT provider shall advise the office of children and family services when an individual who is subject to criminal history record review in accordance with subdivision one or two of this section is no longer subject to such review. The office of children and family services shall inform the division of criminal justice services when an individual who is subject to criminal history review is no longer subject to such review so that the division of criminal justice services may terminate its retain processing with regard to such person. At least once a year, the office of children and family services will be required to conduct a validation of the records maintained by the division of criminal justice services. 11. CHILD DAY CARE CENTERS WHICH ARE NOT SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED NINETY OF THIS TITLE SHALL NOT BE SUBJECT TO THE S. 1506--C 16 A. 2006--C PROVISIONS OF THIS SECTION, PROVIDED HOWEVER, THAT THE CITY OF NEW YORK SHALL REQUIRE THAT SUCH CHILD DAY CARE CENTERS MEET THE REQUIREMENTS OF ANY FEDERAL LAWS AND REGULATIONS PERTAINING TO THE CHILD CARE DEVELOP- MENT AND BLOCK GRANT AND THE RELATED FEDERALLY APPROVED PLANS OF THE STATE OF NEW YORK. § 13. Subparagraph (z) of paragraph (A) of subdivision 4 of section 422 of the social services law, as amended by section 11 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (z) an entity with appropriate legal authority in another state to license, certify or otherwise approve prospective foster parents, prospective adoptive parents, prospective relative guardians [or], prospective successor guardians OR CHILD CARE PROGRAM where disclosure of information regarding such prospective foster or prospective adoptive parents or prospective relative or prospective successor guardians and other persons over the age of eighteen residing in the home of such persons [is] OR WHERE CHILD CARE IS PROVIDED, AS required under EITHER title IV-E of the federal social security act OR THE FEDERAL CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT (SECTION NINE THOUSAND EIGHT HUNDRED FIFTY-EIGHT, ET SEQ. OF TITLE FORTY-TWO OF THE UNITED STATES CODE); and § 14. Paragraph (a) of subdivision 1 of section 424-a of the social services law, as amended by section 12 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) (I) A licensing agency shall inquire of the department and the department shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether an applicant for a certificate, license or permit, [assistants to group family day care providers,] the director of a camp subject to the provisions of article thirteen-B of the public health law, a prospective successor guardian when a clearance is conducted pursuant to paragraph (d) of subdivision two of section four hundred fifty-eight-b of this article, and any person over the age of eighteen who resides in the home of a person who has applied to become an adoptive parent or a foster parent [or to operate a family day care home or group family day care home] or any person over the age of eighteen residing in the home of a prospective successor guardian when a clearance is conducted of a prospective successor guardian pursuant to this paragraph, has been or is currently the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment. (II) A LICENSING AGENCY SHALL INQUIRE OF THE OFFICE WHETHER AN APPLI- CANT FOR A CERTIFICATE, LICENSE OR PERMIT TO OPERATE A CHILD CARE PROGRAM INCLUDING A FAMILY DAY CARE HOME, GROUP FAMILY DAY CARE HOME, CHILD CARE CENTER, SCHOOL AGE CHILD CARE PROGRAM, OR ENROLLED LEGALLY EXEMPT PROVIDER OR AN EMPLOYEE, VOLUNTEER OR APPLICANT TO BE AN EMPLOYEE OR VOLUNTEER IN SUCH PROGRAM WHO HAS POTENTIAL FOR REGULAR AND SUBSTAN- TIAL CONTACT WITH CHILDREN IN THE PROGRAM, IS THE CONFIRMED SUBJECT OF AN INDICATED CHILD ABUSE REPORT MAINTAINED BY THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. THE OFFICE SHALL PROMULGATE REGULATIONS RELATED TO THE PROCESS BY WHICH PROVIDERS AND APPLICANTS WILL BE INFORMED WHETHER THE APPLICANT IS AUTHORIZED OR UNAUTHORIZED TO CARE FOR CHILDREN BASED ON THE OUTCOME OF SUCH INQUIRY. (III) A LICENSING AGENCY SHALL INQUIRE OF THE OFFICE WHETHER ANY PERSON AGE EIGHTEEN OR OLDER WHO IS NOT RELATED IN ANY WAY TO ALL CHIL- DREN FOR WHOM CARE IS PROVIDED THAT RESIDES ON THE PREMISES OF WHERE CHILD CARE IS PROVIDED IN A SETTING THAT IS NOT THE CHILD'S OWN HOME BY AN ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVI- S. 1506--C 17 A. 2006--C SION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS CHAPTER IS THE CONFIRMED SUBJECT OF AN INDICATED CHILD ABUSE REPORT MAINTAINED BY THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. THE OFFICE SHALL PROMULGATE REGULATIONS RELATED TO THE PROCESS BY WHICH PROVIDERS AND APPLICANTS WILL BE INFORMED WHETHER THE APPLICANT IS AUTHORIZED OR UNAUTHORIZED TO CARE FOR CHILDREN BASED ON THE OUTCOME OF SUCH INQUIRY. (IV) A LICENSING AGENCY CONDUCTING INQUIRIES PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH MAY INQUIRE OF THE OFFICE WHETHER ANY PERSON WHO IS TO BE HIRED AS A CONSULTANT BY SUCH AGENCY WHO HAS THE POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH INDIVIDUALS WHO ARE CARED FOR BY THE AGENCY IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. THE OFFICE SHALL PROMULGATE REGULATIONS RELATED TO THE PROCESS BY WHICH PROVIDERS AND APPLICANTS WILL BE INFORMED WHETH- ER THE APPLICANT IS AUTHORIZED OR UNAUTHORIZED TO CARE FOR CHILDREN BASED ON THE OUTCOME OF SUCH INQUIRY. (V) A LICENSING AGENCY CONDUCTING INQUIRIES PURSUANT TO SUBPARAGRAPHS (II) AND (III) OR THIS PARAGRAPH MAY INQUIRE OF THE OFFICE WHETHER ANY PERSON WHO HAS VOLUNTEERED HIS OR HER SERVICES TO SUCH AGENCY AND WHO WILL HAVE THE POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH INDI- VIDUALS WHO ARE CARED FOR BY THE AGENCY, IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. THE OFFICE SHALL PROMULGATE REGULATIONS RELATED TO THE PROCESS BY WHICH PROVIDERS AND APPLICANTS WILL BE INFORMED WHETHER THE APPLICANT IS AUTHORIZED OR UNAUTHORIZED TO CARE FOR CHILDREN BASED ON THE OUTCOME OF SUCH INQUIRY. § 14-a. Subdivision 3 of section 424-a of the social services law, as amended by section 6 of part C of chapter 57 of the laws of 2018, is amended to read as follows: 3. For purposes of this section, the term "provider" or "provider agency" shall mean: an authorized agency; the office of children and family services; juvenile detention facilities subject to the certif- ication of the office of children and family services; programs estab- lished pursuant to article nineteen-H of the executive law; non-residen- tial or residential programs or facilities licensed or operated by the office of mental health or the office for people with developmental disabilities except family care homes; [licensed child day care centers,] including head start programs which are funded pursuant to title V of the federal economic opportunity act of nineteen hundred sixty-four, as amended; early intervention service established pursuant to section twenty-five hundred forty of the public health law; preschool services established pursuant to section forty-four hundred ten of the education law; [school-age child care programs;] special act school districts as enumerated in chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, as amended; programs and facilities licensed by the office of alcoholism and substance abuse services; resi- dential schools which are operated, supervised or approved by the educa- tion department; health homes, or any subcontractor of such health homes, who contracts with or is approved or otherwise authorized by the department of health to provide health home services to all those enrolled pursuant to a diagnosis of a developmental disability as defined in subdivision twenty-two of section 1.03 of the mental hygiene law and enrollees who are under twenty-one years of age under section three hundred sixty-five-l of this chapter, or any entity that provides home and community based services to enrollees who are under twenty-one years of age under a demonstration program pursuant to section eleven S. 1506--C 18 A. 2006--C hundred fifteen of the federal social security act; publicly-funded emergency shelters for families with children, provided, however, for purposes of this section, when the provider or provider agency is a publicly-funded emergency shelter for families with children, then all references in this section to the "potential for regular and substantial contact with individuals who are cared for by the agency" shall mean the potential for regular and substantial contact with children who are served by such shelter; and any other facility or provider agency, as defined in subdivision four of section four hundred eighty-eight of this chapter, in regard to the employment of staff, or use of providers of goods and services and staff of such providers, consultants, interns and volunteers. § 15. Subdivision 4 of section 424-a of the social services law, as amended by section 14 of part L of chapter 56 of the laws of 2015, is amended to read as follows: 4. For purposes of this section, the term "licensing agency" shall mean an authorized agency which has received an application to become an adoptive parent or an authorized agency which has received an applica- tion for a certificate or license to receive, board or keep any child pursuant to the provisions of section three hundred seventy-six or three hundred seventy-seven of this article or an authorized agency which has received an application from a relative within the second degree or third degree of consanguinity of the parent of a child or a relative within the second degree or third degree of consanguinity of the step- parent of a child or children, or the child's legal guardian for approval to receive, board or keep such child, or an authorized agency that conducts a clearance pursuant to paragraph (d) of subdivision two of section four hundred fifty-eight-b of this article, or a state or local governmental agency which receives an application to provide child day care services in a child day care center, school-age child care program, family day care home or group family day care home OR ENROLLED LEGALLY-EXEMPT PROVIDER AS SUCH TERM IS DEFINED IN SUBDIVISION ONE-A OF SECTION THREE HUNDRED NINETY-B OF THIS ARTICLE pursuant to the provisions of section three hundred ninety of this article, or the department of health and mental hygiene of the city of New York, when such department receives an application for a certificate of approval to provide child day care services in a child day care center pursuant to the provisions of the health code of the city of New York, or the office of mental health or the office for people with developmental disabili- ties when such office receives an application for an operating certif- icate pursuant to the provisions of the mental hygiene law to operate a family care home, or a state or local governmental official who receives an application for a permit to operate a camp which is subject to the provisions of article thirteen-B of the public health law or the office of children and family services which has received an application for a certificate to receive, board or keep any child at a foster family home pursuant to articles nineteen-G and nineteen-H of the executive law or any other facility or provider agency, as defined in subdivision four of section four hundred eighty-eight of this chapter, in regard to any licensing or certification function carried out by such facility or agency. § 16. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remained thereof, but shall by confined in its operation to the clause, sentence, paragraph, subdivi- S. 1506--C 19 A. 2006--C sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not be included herein. § 17. This act shall take effect immediately; provided, however that sections one, two, two-a, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act shall take effect September 1, 2019; and provided, further that sections three, four, five and six of this act shall take effect September 30, 2019; and provided, further, that the office of children and family services is authorized to promulgate any rules or regulations necessary for the implementation of this act on its effective date. PART I Section 1. Subdivision 1 of section 378-a of the social services law, as amended by chapter 83 of the laws of 2013, is amended to read as follows: 1. Every authorized agency which operates a residential program for children licensed or certified by the office of children and family services, and the office of children and family services in relation to any juvenile justice program it operates, shall request that the justice center for the protection of people with special needs check, and upon such request, such justice center shall request and shall be authorized to receive from the division of criminal justice services and the feder- al bureau of investigation criminal history information, as such phrase is defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law concerning each prospective operator, employee or volunteer of such a residential program who will have regu- lar and substantial unsupervised or unrestricted physical contact with children in such program. (A) PROVIDED HOWEVER, ANY AUTHORIZED AGENCY REQUIRED TO REQUEST CRIMI- NAL HISTORY INFORMATION PURSUANT TO THIS SUBDIVISION THAT OPERATES A RESIDENTIAL PROGRAM FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL REQUEST THAT THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS CHECK, AND UPON SUCH REQUEST, SUCH JUSTICE CENTER SHALL REQUEST AND SHALL BE AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW, FOR EVERY: (I) PROSPEC- TIVE EMPLOYEE OF SUCH PROGRAM THAT IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO THE OPENING PARAGRAPH OF THIS SUBDIVISION; AND (II) NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION IN CONNECTION TO SUCH EMPLOYMENT. (B) For the purposes of this section, "operator" shall include any natural person with an ownership interest in the authorized agency. (C) Access to and the use of [such] information OBTAINED PURSUANT TO THIS SUBDIVISION shall be governed by the provisions of section eight hundred forty-five-b of the executive law. S. 1506--C 20 A. 2006--C § 2. Paragraph A of subdivision 4 of section 422 of the social services law, is amended by adding a new subparagraph (bb) to read as follows: (BB) AN ENTITY WITH APPROPRIATE LEGAL AUTHORITY IN ANOTHER STATE TO LICENSE, CERTIFY OR OTHERWISE APPROVE RESIDENTIAL PROGRAMS FOR FOSTER CHILDREN WHERE DISCLOSURE OF INFORMATION REGARDING ANY PROSPECTIVE OR CURRENT EMPLOYEE OF SUCH PROGRAM IS REQUIRED BY PARAGRAPH TWENTY OF SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO OF THE UNITED STATES CODE. § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 424-a of the social services law, as amended by section 8-a of part D of chapter 501 of the laws of 2012, is amended to read as follows: (i) (A) Subject to the provisions of subdivision seven of this section, a provider agency shall inquire of the office and the office shall, subject to the provisions of paragraph (e) of this subdivision, inform such agency and the subject of the inquiry whether any person who is actively being considered for employment and who will have the poten- tial for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsuper- vised contact with such individuals. Such agency may inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is currently employed and who has the potential for regular and substantial contact with individuals who are cared for by such agency is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment. A provider agency shall also inquire of the office and the office shall inform such agency and the subject of the inquiry whether any person who is employed by an individual, corpo- ration, partnership or association which provides goods or services to such agency who has the potential for regular and substantial contact with individuals who are cared for by the agency, is the subject of an indicated child abuse and maltreatment report on file with the statewide central register of child abuse and maltreatment prior to permitting such person to have unsupervised contact with such individuals. Inquiries made to the office pursuant to this subparagraph by a provider agency on current employees shall be made no more often than once in any six month period. (B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, WHERE THE PROVID- ER AGENCY IS AN AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHIL- DREN AND FAMILY SERVICES SUCH AGENCY SHALL INQUIRE OF THE OFFICE AND THE OFFICE SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDI- VISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER: (I) ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT IN SUCH PROGRAM WHO IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT; AND (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHETHER ANY PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SUBPARAGRAPH IN CONNECTION TO SUCH EMPLOYMENT IS THE SUBJECT OF AN INDICATED CHILD ABUSE S. 1506--C 21 A. 2006--C AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. § 4. This act shall take effect July 1, 2019. PART J Section 1. The section heading and the opening paragraph of subdivi- sion 1 of section 131-u of the social services law, as amended by chap- ter 169 of the laws of 1994, is amended to read as follows: Domestic violence services [to eligible persons]. Notwithstanding any inconsistent provision of law, a social services district shall, in accordance with the provisions of this section and regulations of the department, offer and provide emergency shelter and services at a residential program for victims of domestic violence, as defined in article six-A of this chapter, to the extent that such shel- ter and services are necessary and available to a victim of domestic violence, as defined in article six-A of this chapter, and in need of emergency shelter and services, who was residing in the social services district at the time of the alleged domestic violence [and who:]. § 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u of the social services law are REPEALED. § 3. Subdivision 2 of section 131-u of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: 2. The department shall annually establish, subject to the approval of the director of the budget, a daily rate of reimbursement for each resi- dential program for victims of domestic violence, as defined in article six-A of this chapter, certified by the department which provides emer- gency shelter and services to persons eligible for such emergency shel- ter and services pursuant to this section. A social services district financially responsible for a victim of domestic violence shall reim- burse a residential program for victims of domestic violence for the costs of emergency shelter and services provided to such victim at the daily reimbursement rate established by the department reduced by [the sum of all fees which such victim is able to pay toward the costs of such shelter and services as determined in accordance with the public assistance budgeting rules set forth in the regulations of the depart- ment and by] any [third party] OTHER reimbursement available for such costs. § 4. Section 459-f of the social services law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: § 459-f. [Fees] PAYMENT for services. [Any program defined in subdivi- sion four of section four hundred fifty-nine-a of this article may charge a service fee to a victim of domestic violence who is able to pay all or part of the costs of the emergency shelter and services provided to the victim.] Payments by a social services district to a residential program for victims of domestic violence for the costs of emergency shelter and services provided to a victim of domestic violence at the daily reimbursement rate determined by the department in accordance with section one hundred thirty-one-u of this chapter shall be reduced by the sum of [all fees which such victim is able to pay toward the costs of such shelter and services as determined in accordance with the public assistance budgeting rules set forth in the regulations of the depart- ment and by] any [third party] OTHER reimbursement available for such costs. § 5. This act shall take effect April 1, 2019. S. 1506--C 22 A. 2006--C PART K Section 1. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chap- ter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivi- sions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: § 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age: (I) who does not attend school in accordance with the provisions of part one of article sixty-five of the education law [or]; (II) who is incorrigible, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority[, or]; (III) who violates the provisions of: (1) section 221.05; or (2) 230.00 of the penal law[,]; (IV) or who appears to be a sexually exploited child as defined in para- graph (a), (c) or (d) of subdivision one of section four hundred forty- seven-a of the social services law, but only if the child consents to the filing of a petition under this article. (b) ["Detention"] "PRE-DISPOSITIONAL PLACEMENT". The temporary care and maintenance of children away from their own homes [as defined in section five hundred two of the executive law] PURSUANT TO SECTION SEVEN HUNDRED TWENTY OF THIS ARTICLE. [(c) "Secure detention facility". A facility characterized by phys- ically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e)] (C) "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he OR SHE violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his OR HER parents, guardian or legal custodian. [(f)] (D) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. [(g)] (E) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. [(h)] (F) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriate- ness of the permanency plan developed by the social services official on behalf of such respondent. [(i)] (G) "Diversion services". Services provided to children and families pursuant to section seven hundred thirty-five of this article for the purpose of avoiding the need to file a petition or direct the [detention] PRE-DISPOSITIONAL PLACEMENT of the child. Diversion services shall include: efforts to adjust cases pursuant to this article before a petition is filed, or by order of the court, after the petition is filed but before fact-finding is commenced; and preventive services provided in accordance with section four hundred nine-a of the social services law to avert the placement of the child [into foster care], including crisis intervention and respite services. Diversion services may also S. 1506--C 23 A. 2006--C include, in cases where any person is seeking to file a petition that alleges that the child has a substance use disorder or is in need of immediate detoxification or substance use disorder services, an assess- ment for substance use disorder; provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assessment or substance use disorder or detoxification services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. [(j)] (H) "Substance use disorder". The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person's physical and mental health or the welfare of others. [(k)] (I) "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than eighteen years of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others. [(l)] (J) "A substance use disorder which could make a youth a danger to himself or herself or others". A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services. [(m)] (K) "Substance use disorder services". Substance use disorder services shall have the same meaning as provided for in section 1.03 of the mental hygiene law. § 2. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] § 3. Section 720 of the family court act, as amended by chapter 419 of the laws of 1987, subdivision 3 as amended by section 9 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) of subdivision 5 as added by section 8 of part G of chapter 58 of the laws of 2010, is amended to read as follows: § 720. [Detention] PRE-DISPOSITIONAL PLACEMENT. 1. No child to whom the provisions of this article may apply, shall be detained in any pris- on, jail, lockup, or other place used for adults OR CHILDREN convicted of crime or under arrest and charged with a crime. 2. The detention of a child in a secure detention OR NON-SECURE facil- ity shall not be directed under any of the provisions of this article. 3. [Detention] PRE-DISPOSITIONAL PLACEMENT of a person alleged to be or adjudicated as a person in need of supervision shall[, except as provided in subdivision four of this section,] be authorized only in a foster care program certified by the office of children and family services OR A SHORT-TERM SAFE HOUSE IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIRTY-NINE OF THIS ARTICLE, or a certified or approved family boarding home[, or a non-secure detention facility certified by the office and in accordance with section seven hundred thirty-nine of this article] PURSUANT TO THE SOCIAL SERVICES LAW. The setting of the [detention] PLACEMENT shall take into account: (a) [the] THE proximity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged[,]; and S. 1506--C 24 A. 2006--C (b) [the] THE existing educational setting of such person and the proximity of such setting to the location of the [detention] PLACEMENT setting. 4. [Whenever detention is authorized and ordered pursuant to this article, for a person alleged to be or adjudicated as a person in need of supervision, a family court in a city having a population of one million or more shall, notwithstanding any other provision of law, direct detention in a foster care facility established and maintained pursuant to the social services law. In all other respects, the detention of such a person in a foster care facility shall be subject to the identical terms and conditions for detention as are set forth in this article and in section two hundred thirty-five of this act. 5.] (a) The court shall not order or direct [detention] PRE-DISPOSI- TIONAL PLACEMENT under this article, (I) unless the court determines [that] AND STATES IN ITS WRITTEN ORDER; (1) THAT there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services, INCLUDING BUT NOT LIMITED TO, ANY AVAILABLE RESPITE SERVICES; and (2) that all available alternatives to detention have been exhausted; and (3) THAT PRE-DISPOSITIONAL PLACEMENT OF THE RESPONDENT IS IN THE BEST INTEREST OF THE RESPONDENT; AND (4) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO CONTINUE IN THEIR OWN HOME; OR (II) IF THE SOLE BASIS FOR THE PETITION IS AN ALLEGATION PURSUANT TO PARAGRAPH (I) OF SUBDIVISION (A) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE. (b) Where the youth is sixteen years of age or older, the court shall not order or direct [detention] PRE-DISPOSITIONAL PLACEMENT under this article, unless the court determines and states in its order that special circumstances exist to warrant such [detention] PLACEMENT. (c) If IN ADDITION TO THE PROVISIONS OF THIS SECTION, the respondent may be a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as defined in subdivision two of section four hundred forty-seven-a of the social services law as an alternative to detention] IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIRTY-NINE OF THIS ARTICLE. § 4. Section 727 of the family court act is REPEALED. § 5. The section heading and subdivision (d) of section 728 of the family court act, subdivision (d) as added by chapter 145 of the laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision (d) as renumbered by section 5 of part E of chapter 57 of the laws of 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision (d) as added by section 10 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Discharge, release or [detention] PRE-DISPOSITIONAL PLACEMENT by judge after hearing and before filing of petition in custody cases. (d) Upon a finding of facts and reasons which support a [detention] PRE-DISPOSITIONAL PLACEMENT order pursuant to this section, the court shall also determine and state in any order directing [detention] PRE- DISPOSITIONAL PLACEMENT: (i) that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services and that all available alternatives to [detention] SUCH PLACEMENT have been exhausted; and (ii) whether continuation of the child in the child's home would be contrary to the best interests of the child based upon, and limited to, S. 1506--C 25 A. 2006--C the facts and circumstances available to the court at the time of the hearing held in accordance with this section; and (iii) where appropriate, whether reasonable efforts were made prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the child from his or her home or, if the child had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reasonable efforts were made to make it possible for the child to safely return home; and (iv) whether the setting of the [detention] PRE-DISPOSITIONAL PLACE- MENT takes into account the proximity to the community in which the person alleged to be or adjudicated as a person in need of supervision lives with such person's parents or to which such person will be discharged, and the existing educational setting of such person and the proximity of such setting to the location of the detention setting. § 6. Section 729 of the family court act is REPEALED. § 7. Subdivisions (a) and (b) of section 735 of the family court act, subdivision (a) as added by section 7 of part E of chapter 57 of the laws of 2005, subdivision (b) as amended by chapter 38 of the laws of 2014, are amended to read as follows: (a) Each county and any city having a population of one million or more shall offer diversion services as defined in section seven hundred twelve of this article to youth who are at risk of being the subject of a person in need of supervision petition. Such services shall be designed to provide an immediate response to families in crisis, to identify and utilize appropriate alternatives to [detention] PLACEMENT and to divert youth from being the subject of a petition in family court. Each county and such city shall designate either the local social services district or the probation department as lead agency for the purposes of providing diversion services. (b) The designated lead agency shall: (i) confer with any person seeking to file a petition, the youth who may be a potential respondent, his or her family, and other interested persons, concerning the provision of diversion services before any peti- tion may be filed; and (ii) diligently attempt to prevent the filing of a petition under this article or, after the petition is filed, to prevent the placement of the youth into foster care; and (iii) assess whether the youth would benefit from residential respite services; and (iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIRTY-NINE OF THIS PART; AND (V) determine whether alternatives to [detention] PLACEMENT OR SERVICES PROVIDED PURSUANT TO THIS SECTION are appropriate to avoid remand of the youth to [detention] SUCH PLACEMENT; and [(v)] (VI) determine whether an assessment of the youth for substance use disorder by an office of alcoholism and substance abuse services certified provider is necessary when a person seeking to file a petition alleges in such petition that the youth is suffering from a substance use disorder which could make the youth a danger to himself or herself or others. Provided, however, that notwithstanding any other provision of law to the contrary, the designated lead agency shall not be required to pay for all or any portion of the costs of such assessment or for any substance use disorder or detoxification services, except in cases where S. 1506--C 26 A. 2006--C medical assistance for needy persons may be used to pay for all or any portion of the costs of such assessment or services. The office of alco- holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. § 8. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: § 739. Release, PRE-DISPOSITIONAL PLACEMENT or [detention] REFERRAL after filing of petition and prior to order of disposition. (a) After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent or direct his or her [detention] PRE-DISPOSITIONAL PLACEMENT. If the respondent may be a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house as an alternative to [detention] PLACEMENT. However, the court shall not direct [detention] PRE-DISPOSITIONAL PLACEMENT unless it finds and states the facts and reasons for so finding that unless the respondent is [detained] PLACED there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to [detention] SUCH PLACEMENT have been exhausted. (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no [detention] PRE-DISPOSITIONAL PLACEMENT under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circum- stances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and (ii) where appropriate, whether reasonable efforts were made prior to the date of the court order directing [detention] PRE-DISPOSITIONAL PLACEMENT in accordance with this section, to prevent or eliminate the need for removal of the respondent from his or her home or, if the respondent had been removed from his or her home prior to the court appearance pursuant to this section, where appropriate, whether reason- able efforts were made to make it possible for the respondent to safely return home. § 9. Intentionally omitted. § 10. Section 747 of the family court act, as amended by chapter 920 of the laws of 1982, is amended to read as follows: § 747. Time of fact-finding hearing. A fact-finding hearing shall commence not more than three days after the filing of a petition under this article if the respondent is in [detention] PRE-DISPOSITIONAL PLACEMENT. § 11. Subdivision (a) of section 748 of the family court act, as amended by chapter 920 of the laws of 1982, is amended to read as follows: S. 1506--C 27 A. 2006--C (a) If the respondent is in [detention] PRE-DISPOSITIONAL PLACEMENT, the court may adjourn a fact-finding hearing (i) on its own motion or on motion of the petitioner for good cause shown for not more than three days; (ii) on motion on behalf of the respondent or by his OR HER parent or other person legally responsible for his OR HER care for good cause shown, for a reasonable period of time. § 12. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An adjournment on the court's motion may not be for a period of more than ten days if the respondent is [detained] IN PRE-DISPOSITIONAL PLACEMENT, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not [detained] IN PRE-DISPOSTIONAL PLACEMENT, an adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. § 13. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, subparagraph (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) The order shall state the court's reasons for the particular disposition. If the court places the child in accordance with section seven hundred fifty-six of this part, the court in its order shall determine: (i) whether continuation in the child's home would be contra- ry to the best interest of the child and where appropriate, that reason- able efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and, if the child was removed from his or her home prior to the date of such hearing, that such removal was in the child's best interest and, where appropriate, reason- able efforts were made to make it possible for the child to return safe- ly home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circum- stances, the court order shall include such a finding; and (ii) in the case of a child who has attained the age of fourteen, the services need- ed, if any, to assist the child to make the transition from foster care to independent living. Nothing in this subdivision shall be construed to modify the standards for directing [detention] PRE-DISPOSITIONAL PLACE- MENT set forth in section seven hundred thirty-nine of this article. § 14. Section 756 of the family court act, as amended by chapter 920 of the laws of 1982, paragraph (i) of subdivision (a) as amended by chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) of subdivision (a) as amended by section 11 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 1999, and subdivision (c) as amended by section 10 of part E of chapter 57 of the laws of 2005, is amended to read as follows: § 756. Placement. (a) [(i)] For purposes of section seven hundred fifty-four, the court may: (I) place the child in its own home [or]; (II) ORDER THE CHILD BE PLACED in the custody of a suitable relative or other suitable private person; or (III) ORDER THE CHILD BE PLACED IN THE S. 1506--C 28 A. 2006--C CUSTODY OF a commissioner of social services[, subject to the orders of the court]. [(ii)] (B) Where the child is placed with the commissioner of the local social services district[,]: (I) (A) THE CHILD MAY BE PLACED BY THE SOCIAL SERVICES DISTRICT INTO A FOSTER BOARDING HOME; OR (B) IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN AVAILABLE LONG-TERM SAFE HOUSE; OR (II) the court may direct the commissioner to: place the child with an authorized agency or class of authorized agencies[, including, if the court finds that the respondent is a sexually exploited child as defined in subdivision one of section four hundred forty-seven-a of the social services law, an available long-term safe house]. (C) PROVIDED, HOWEVER, THAT A PLACEMENT SHALL NOT BE ORDERED PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (A) OF THIS SECTION: (I) IN INSTANCES WHERE THE ONLY FINDING MADE AGAINST THE RESPONDENT IS THAT THEY MEET THE DEFINITION OF A PERSON IN NEED OF SUPERVISION PURSU- ANT TO PARAGRAPH (I) OF SUBDIVISION (A) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE; OR (II) UNLESS THE COURT FINDS AND STATES IN ITS WRITTEN ORDER THAT THE PLACEMENT OF THE RESPONDENT IS: (1) IN THE BEST INTEREST OF THE RESPONDENT; AND (2) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO CONTINUE IN THEIR OWN HOME. (D) Unless the dispositional order provides otherwise, the court so directing shall include one of the following alternatives to apply in the event that the commissioner is unable to so place the child: [(1)] (I) the commissioner shall apply to the court for an order to stay, modify, set aside, or vacate such directive pursuant to the provisions of section seven hundred sixty-two or seven hundred sixty- three; or [(2)] (II) the commissioner shall return the child to the family court for a new dispositional hearing and order. [(b)] (E) Placements under PARAGRAPH (III) OF SUBDIVISION (A) OF this section may be for an initial period of [twelve months] NO GREATER THAN SIXTY DAYS. The court may extend a placement pursuant to section seven hundred fifty-six-a. In its discretion, the court may recommend restitu- tion or require services for public good pursuant to section seven hundred fifty-eight-a in conjunction with an order of placement. [For the purposes of calculating the initial period of placement, such place- ment shall be deemed to have commenced sixty days after the date the child was removed from his or her home in accordance with the provisions of this article. If the respondent has been in detention pending dispo- sition, the initial period of placement ordered under this section shall be credited with and diminished by the amount of time spent by the respondent in detention prior to the commencement of the placement unless the court finds that all or part of such credit would not serve the best interests of the respondent. (c) A placement pursuant to this section with the commissioner of social services shall not be directed in any detention facility, but the court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-eight of the social services law, upon written documentation to the office of children and family services that the youth is in need of S. 1506--C 29 A. 2006--C specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an appropriate placement.] § 14-a. Section 756-a of the family court act, as added by chapter 604 of the laws of 1986, subdivision (a) as amended by chapter 309 of the laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B of chapter 327 of the laws of 2007, subdivisions (c) and (e) as amended by chapter 7 of the laws of 1999, paragraph (ii) of subdivision (d) as amended by section 3 of part M of chapter 54 of the laws of 2016, para- graphs (iii), (iv) and (v) of subdivision (d) as amended by section 23 and subdivision (d-1) as amended by section 24 of part L of chapter 56 of the laws of 2015, is amended to read as follows: § 756-a. Extension of placement. (a) In any case in which the child has been placed pursuant to PARAGRAPH (III) OF PARAGRAPH (A) OF section seven hundred fifty-six OF THIS PART, the child, the person with whom the child has been placed or the commissioner of social services may petition the court to extend such placement, AS PROVIDED FOR IN THIS SECTION. Such petition shall be filed at least [sixty] FIFTEEN DAYS PRIOR TO THE EXPIRATION OF THE INITIAL PLACEMENT AND AT LEAST THIRTY days prior to the expiration of the period of ANY ADDITIONAL placement AUTHORIZED PURSUANT TO THIS SECTION, except for good cause shown, but in no event shall such petition be filed after the original expiration date. (b) The court shall conduct a permanency hearing concerning the need for continuing the placement. The child, the person with whom the child has been placed and the commissioner of social services shall be noti- fied of such hearing and shall have the right to be heard thereat. (c) The provisions of section seven hundred forty-five shall apply at such permanency hearing. If the petition is filed within [sixty] THIRTY days prior to the expiration of the period of placement, the court shall first determine at such permanency hearing whether good cause has been shown. If good cause is not shown, the court shall dismiss the petition. (d) (I) At the conclusion of the FIRST permanency hearing the court may, in its discretion, order [an] ONE extension of the placement for not more than [one year. The] SIX MONTHS; (II) AT THE CONCLUSION OF THE SECOND PERMANENCY HEARING, THE COURT MAY, IN ITS DISCRETION, ORDER ONE EXTENSION OF PLACEMENT FOR NOT MORE THAN FOUR MONTHS UNLESS: (A) THE ATTORNEY FOR THE CHILD, AT THE REQUEST OF THE CHILD, SEEKS AN ADDITIONAL LENGTH OF STAY FOR THE CHILD IN SUCH PROGRAM. IF A REQUEST IS MADE PURSUANT TO THIS SUBPARAGRAPH, THE COURT SHALL DETERMINE WHETHER TO GRANT SUCH REQUEST BASED ON THE BEST INTEREST OF THE CHILD; OR (B) THE COURT FINDS THAT EXTENUATING CIRCUMSTANCES EXISTS THAT NECES- SITATE THE CHILD BE PLACED OUT OF THE HOME. (D-1) IF THE COURT ORDERS AN EXTENSION OF PLACEMENT PURSUANT TO PARA- GRAPH (D) OF THIS SECTION, THE court must consider and determine in its order: (i) where appropriate, that reasonable efforts were made to make it possible for the child to safely return to his or her home, or if the permanency plan for the child is adoption, guardianship or some other permanent living arrangement other than reunification with the parent or parents of the child, reasonable efforts are being made to make and finalize such alternate permanent placement including consideration of appropriate in-state and out-of-state placements; (ii) in the case of a child who has attained the age of fourteen, (A) the services needed, if any, to assist the child to make the transition from foster care to successful adulthood; and (B)(1) that the permanency S. 1506--C 30 A. 2006--C plan developed for the child, and any revision or addition to the plan shall be developed in consultation with the child and, at the option of the child, with up to two additional members of the child's permanency planning team who are selected by the child and who are not a foster parent of, or case worker, case planner or case manager for, the child, except that the local commissioner of social services with custody of the child may reject an individual so selected by the child if such commissioner has good cause to believe that the individual would not act in the best interests of the child, and (2) that one individual so selected by the child may be designated to be the child's advisor and, as necessary, advocate with respect to the application of the reasonable and prudent parent standard; (iii) in the case of a child placed outside New York state, whether the out-of-state placement continues to be appropriate and in the best interests of the child; (iv) whether and when the child: (A) will be returned to the parent; (B) should be placed for adoption with the social services official filing a petition for termination of parental rights; (C) should be referred for legal guardianship; (D) should be placed permanently with a fit and willing relative; or (E) should be placed in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the child if the child is age sixteen or older and (1) the social services official has documented to the court: (I) intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the social services district to return the child home or secure a placement for the child with a fit and willing relative including adult siblings, a legal guardian, or an adoptive parent, including through efforts that utilize search technology includ- ing social media to find biological family members for children, (II) the steps the social services district is taking to ensure that (A) the child's foster family home or child care facility is following the reasonable and prudent parent standard in accordance with guidance provided by the United States department of health and human services, and (B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in activities; and (2) the social services district has documented to the court and the court has determined that there are compelling reasons for determining that it continues to not be in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a fit and will- ing relative, or placed with a legal guardian; and (3) the court has made a determination explaining why, as of the date of the hearing, another planned living arrangement with a significant connection to an adult willing to be a permanency resource for the child is the best permanency plan for the child; and (v) where the child will not be returned home, consideration of appro- priate in-state and out-of-state placements. [(d-1)] (E) At the permanency hearing, the court shall consult with the respondent in an age-appropriate manner regarding the permanency plan; provided, however, that if the respondent is age sixteen or older and the requested permanency plan for the respondent is placement in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the respondent, the court must ask the respondent about the desired perman- ency outcome for the respondent. S. 1506--C 31 A. 2006--C [(e)] (F) Pending final determination of a petition to extend such placement filed in accordance with the provisions of this section, the court may, on its own motion or at the request of the petitioner or respondent, enter one or more temporary orders extending a period of placement [not to exceed thirty days upon satisfactory proof showing probable cause for continuing such placement and that each temporary order is necessary]. The court may order additional temporary exten- sions[, not to exceed a total of fifteen days, if the court is unable to conclude the hearing within the thirty day temporary extension period. In no event shall the aggregate number of days in extensions granted or ordered under this subdivision total more than forty-five days. The petition shall be dismissed if a decision is not rendered within the period of placement or any temporary extension thereof. Notwithstanding any provision of law to the contrary, the initial permanency hearing shall be held within twelve months of the date the child was placed into care pursuant to section seven hundred fifty-six of this article and no later than every twelve months thereafter. For the purposes of this section, the date the child was placed into care shall be sixty days after the child was removed from his or her home in accordance with the provisions of this section] ONLY AS AUTHORIZED IN THIS SECTION. [(f)] (G) Successive extensions of placement under this section may be granted, [but] ONLY AS AUTHORIZED IN THIS SECTION, PROVIDED, HOWEVER no placement may be made or continued beyond the child's eighteenth birth- day without his or her consent and in no event past his or her twenty- first birthday. § 15. Subdivisions 1 and 4 of section 758-a of the family court act, as amended by chapter 73 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the laws of 2007, and subdivision 4 as amended by chapter 73 of the laws of 1979, are amended to read as follows: 1. In cases involving acts of [infants] CHILDREN over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the court may (a) recommend as a condition of placement, or order as a condition of probation or suspended judgment, restitution in an amount representing a fair and reasonable cost to replace the property or repair the damage caused by the [infant] CHILD, not, however, to exceed one thousand dollars. [In the case of a placement, the court may recommend that the infant pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the agency with which he is placed, and in the case of probation or suspended judgment, the] THE court may require that the [infant] CHILD pay out of his or her own funds or earnings the amount of replacement or damage, either in a lump sum or in periodic payments in amounts set by the court; and/or (b) order as a condition of placement, probation, or suspended judg- ment, services for the public good including in the case of a crime involving willful, malicious, or unlawful damage or destruction to real or personal property maintained as a cemetery plot, grave, burial place, or other place of interment of human remains, services for the mainte- nance and repair thereof, taking into consideration the age and physical condition of the [infant] CHILD. 4. The court, upon receipt of the reports provided for in subdivision two [or three] of this section may, on its own motion or the motion of any party or the agency, hold a hearing to determine whether the place- ment should be altered or modified. S. 1506--C 32 A. 2006--C § 16. Section 774 of the family court act is amended to read as follows: § 774. Action on petition for transfer. On receiving a petition under section seven hundred seventy-three OF THIS PART, the court may proceed under sections seven hundred thirty-seven, seven hundred thirty-eight or seven hundred thirty-nine OF THIS ARTICLE with respect to the issuance of a summons or warrant [and sections seven hundred twenty-seven and seven hundred twenty-nine govern questions of detention and failure to comply with a promise to appear]. Due notice of the petition and a copy of the petition shall also be served personally or by mail upon the office of the locality chargeable for the support of the person involved and upon the person involved and his OR HER parents and other persons. § 17. Intentionally omitted. § 18. Intentionally omitted. § 18-a. Intentionally omitted. § 18-b. Article 6 of the social services law is amended by adding a new title 12 to read as follows: TITLE 12 FAMILY SUPPORT SERVICES PROGRAMS SECTION 458-M. FAMILY SUPPORT SERVICES PROGRAMS. 458-N. FUNDING FOR FAMILY SUPPORT SERVICES PROGRAMS. § 458-M. FAMILY SUPPORT SERVICES PROGRAMS. 1. AS USED IN THIS TITLE, THE TERM "FAMILY SUPPORT SERVICES PROGRAMS" SHALL MEAN A PROGRAM ESTAB- LISHED PURSUANT TO THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO CHILDREN AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING ADJUDICATED A PERSON IN NEED OF SUPERVISION AND HELP PREVENT THE OUT OF HOME PLACEMENTS OF SUCH YOUTH OR PREVENTING A PETITION FROM BEING FILED UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT. 2. FAMILY SUPPORT SERVICES PROGRAMS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO: (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS; (B) CRISIS INTERVENTION; (C) FAMILY MEDIATION AND SKILLS BUILDING; (D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER- VENTIONS; (E) CASE MANAGEMENT; (F) RESPITE SERVICES; (G) EDUCATION ADVOCACY; AND (H) OTHER FAMILY SUPPORT SERVICES. 3. THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA RESPONSIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED NEEDS OF THE CHILD AND FAMILY BASED ON THE ASSESSMENTS AND SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT SERVICES PROGRAM. 4. FAMILY SUPPORT SERVICES PROGRAMS SHALL HAVE THE CAPACITY TO SERVE FAMILIES OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS AND WEEK- ENDS. § 458-N. FUNDING FOR FAMILY SUPPORT SERVICES PROGRAMS. 1. NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE AVAILABLE FOR SUCH PURPOSE AND SPECIFICALLY APPROPRIATED THEREFOR, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED MUNICIPALITY WHICH SHALL MEAN A COUNTY OR A CITY WITH A POPULATION OF ONE MILLION OR MORE TO CONTRACT WITH NOT-FOR- PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT SERVICES PROGRAMS IN S. 1506--C 33 A. 2006--C ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN DETERMINING THE HIGHEST NEED MUNICIPALITY PURSUANT TO THIS SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE NOT NECESSAR- ILY LIMITED TO: (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING REQUIRED FOR FAMILY SUPPORT SERVICES PROGRAMS TO MEET THE OBJECTIVES OUTLINED IN SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE; (B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH MUNICIPALITY, A GROUP OF TWO OR MORE MUNICIPALITIES THAT JOINTLY SEEK TO FUND AND ADMIN- ISTER A FAMILY SUPPORT SERVICES PROGRAM IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION WHICH MAY INCLUDE, BUT NOT NECESSARILY BE LIMITED TO: (I) THE AVAILABILITY OF SERVICES WITHIN SUCH MUNICIPALITY TO PREVENT OR REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTI- CLE SEVEN OF THE FAMILY COURT ACT; AND (II) RELATIVE TO THE YOUTH POPULATION OF SUCH MUNICIPALITY: (1) THE NUMBER OF PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; OR (2) THE NUMBER OF PLACEMENTS OF YOUTH INTO RESIDENTIAL CARE OR DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT AS APPLICA- BLE, OVER THE LAST FIVE YEARS; (C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT TO SUBDIVISION THREE OF THIS SECTION FOR PROGRAMS THAT PREVIOUSLY RECEIVED FUNDING PURSUANT TO THIS TITLE; OR (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE. 3. MUNICIPALITIES RECEIVING FUNDING UNDER THIS TITLE SHALL REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE OUTCOMES OF ANY FAMILY SUPPORT SERVICE PROGRAM LOCATED WITHIN SUCH MUNICIPALITIES THAT RECEIVES FUNDING UNDER THIS TITLE. 4. TWO OR MORE ELIGIBLE MUNICIPALITIES WITHIN A CLOSE GEOGRAPHIC WITH- IN A CLOSE GEOGRAPHIC PROXIMITY TO EACH OTHER MAY ENTER INTO AN AGREE- MENT TO JOINTLY SEEK FUNDING FOR AND JOINTLY ADMINISTER FAMILY SUPPORT SERVICES PROGRAMS TO SERVICE ELIGIBLE YOUTH AND FAMILIES WITHIN SUCH MUNICIPALITIES IN ACCORDANCE WITH THIS SECTION. SUCH AGREEMENTS SHALL INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO BE BORNE BY EACH MUNI- CIPALITY AND FOR THE MANNER OF EMPLOYMENT OF PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY SHALL BE THE CUSTODIAN OF THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSES BY ALL SUCH MUNICIPALITIES AND THAT SUCH FISCAL OFFICER MAY MAKE PAYMENTS THEREFROM UPON AUDIT OF THE APPROPRIATE AUDITING BODY OR OFFICER OF HIS OR HER MUNICIPALITY. IN MAKING CLAIMS FOR STATE AID PURSUANT TO SECTION, EACH SUCH MUNICIPALITY SHALL CLAIM FOR ITS PROPORTIONATE SHARE OF THE TOTAL JOINT EXPENDITURES SO MADE. HOWEVER, WHERE IT IS PROVIDED THAT THERE SHALL BE A DISBURSING MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR THE TOTAL JOINT PROGRAM EXPENDITURES SO MADE AND SHALL DISBURSE SUCH STATE AID TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE PROPORTIONATE SHARE OF EXPENDITURES SO MADE. 5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, THREE AND FOUR OF THIS SECTION, A MUNICIPALITY, CONSISTENT WITH ITS APPROVED PLAN FOR SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM, MAY UTILIZE ANY FUNDING AVAILABLE TO SUCH MUNICIPALITY PURSUANT TO SECTION FIVE HUNDRED TWENTY-NINE-B OF THE EXECUTIVE LAW TO FUND FAMILY SUPPORT SERVICES PROGRAMS PURSUANT TO THIS TITLE. S. 1506--C 34 A. 2006--C § 19. Subdivision 3 of section 502 of the executive law, as amended by section 79 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: 3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three [or seven] of the family court act, or held pending a hearing for alleged violation of the condi- tions of release from an office of children and family services facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole as a juvenile offender, youthful offender or adolescent offender or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender, youthful offender or adolescent offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders, youthful offenders or adolescent offenders who have not attained their eighteenth or, commencing October first, two thousand eighteen, their twenty-first birthday shall be subject to detention in a detention facility. Commencing October first, two thou- sand eighteen, a youth who on or after such date committed an offense when the youth was sixteen years of age; or commencing October first, two thousand nineteen, a youth who committed an offense on or after such date when the youth was seventeen years of age held pursuant to a secur- ing order of a criminal court if the youth is charged as an adolescent offender or held pending a hearing for alleged violation of the condi- tion of parole as an adolescent offender, must be held in a specialized secure juvenile detention facility for older youth certified by the state office of children and family services in conjunction with the state commission of correction. § 20. Section 529-b of the executive law, as added by section 3 of subpart B of part Q of chapter 58 of the laws of 2011, subdivision 1, the opening paragraph of subdivision 2, subparagraphs (i) and (iii) of paragraph (a) of subdivision 3, as amended by section 99 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: § 529-b. Supervision and treatment services for juveniles program. 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert FROM DETENTION, RESIDENTIAL PLACEMENT OR CONFINEMENT, AS APPLICABLE, youth WHO ARE: (I) at risk of, alleged to be, or adjudicated as juvenile delinquents [or]; (II) AT RISK OF, OR ALLEGED TO BE OR ADJUDICATED AS persons [alleged or adjudicated to be] in need of supervision[, or youth]; (III) alleged to be or convicted as juvenile offenders[,]; (IV) ALLEGED TO BE OR CONVICTED AS youthful offenders; or (V) ALLEGED TO BE OR CONVICTED AS adolescent offenders [from placement in detention or in residential care] shall be subject to state reimbursement under the supervision and treatment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to avail- able appropriations and exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution under the supervision and treatment services for juveniles program. (b) The state funds appropriated for the supervision and treatment services for juveniles program shall be distributed to eligible munici- palities by the office of children and family services based on a plan developed by the office which may consider historical information regarding the number of youth seen at probation intake for an alleged act of delinquency, the number of youth remanded to detention, the S. 1506--C 35 A. 2006--C number of juvenile delinquents placed with the office, the number of juvenile delinquents and persons in need of supervision placed in resi- dential care with the municipality, the municipality's reduction in the use of detention and residential placements, and other factors as deter- mined by the office. Such plan developed by the office shall be subject to the approval of the director of the budget. The office is authorized, in its discretion, to make advance distributions to a municipality in anticipation of state reimbursement. 2. As used in this section, the term: (A) "municipality" shall mean a county, or a city having a population of one million or more[,] and (B) "supervision and treatment services for juveniles" shall mean community-based services or programs designed to safely maintain youth in the community pending a family court disposition or conviction in criminal court and services or programs provided to ELIGIBLE youth [adjudicated as juvenile delinquents or persons in need of supervision, or youth alleged to be juvenile offenders, youthful offenders or adoles- cent offenders to prevent residential placement of such youth or a return to placement where such youth have been released to the community from residential placement] PURSUANT TO THIS SECTION. 3. Supervision and treatment services for juveniles may include but are not limited to services or programs that: (a) provide or facilitate support to such youth for mental health disorders, substance abuse problems, or learning disabilities that contribute to such youth being at risk for detention, residential place- ment, CONFINEMENT or return to detention or residential placement; (A-1) PROVIDE OR FACILITATE SUPPORT TO YOUTH WHO ARE ELIGIBLE TO RECEIVE SERVICES PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AND THEIR FAMILIES, IN FAMILY SUPPORT SERVICES PROGRAMS IN ACCORDANCE WITH TITLE TWELVE OF ARTICLE SIX OF THE SOCIAL SERVICES LAW; (b) provide temporary respite care, INCLUDING, BUT NOT LIMITED TO, RESPITE PROVIDED PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; (c) provide family therapy or support or explore alternate housing options for youth who are at risk for detention or placement due to the absence of an available home; (d) provide post-release support within the youth's community, INCLUD- ING, BUT NOT LIMITED TO AFTERCARE SERVICES; or (e) reduce arrest rates or recidivism. [3.] 3-A. (a) The chief executive officer of the municipality shall designate a lead agency for the purposes of planning and administering the municipality's supervision and treatment services for juveniles program. In order for a municipality to be eligible to receive reimbursement pursuant to this section, such municipality must submit an annual plan to the office of children and family services detailing how the supervision and treatment services for juveniles will be provided within the municipality. TWO OR MORE ELIGIBLE MUNICIPALITIES WITHIN A CLOSE GEOGRAPHIC PROXIMITY TO EACH OTHER MAY ENTER INTO AN AGREEMENT TO JOINTLY SEEK FUNDING FOR AND JOINTLY ADMINISTER A SUPERVISION AND TREAT- MENT SERVICES FOR JUVENILES PROGRAMS TO SERVICE ELIGIBLE YOUTH AND FAMI- LIES WITHIN SUCH MUNICIPALITIES IN ACCORDANCE WITH THIS SECTION. The municipality shall develop such plan in cooperation with the applicable local governmental departments responsible for probation, law enforce- ment, detention, diversion, and social services; and with the courts, service providers, schools and youth development programs. The plan must S. 1506--C 36 A. 2006--C be approved by the chief executive officer of the municipality, and must include: (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents and persons in need of supervision are remanded to detention or residentially placed; (ii) where the use of detention or residential placement in the muni- cipality shows a significant racial or ethnic disproportionality, a description of how the services proposed for funding will address such disproportionality; (iii) a description of how the services and programs proposed for funding will reduce the number of youth from the municipality who are detained and residentially or otherwise placed; how such services and programs are family-focused; and whether such services and programs are capable of being replicated across multiple sites; (iv) a description of the demonstrated effectiveness of such services and programs or other justification why the services and programs are proposed for funding; (v) projected performance outcomes for such services and programs, including an estimate of the anticipated reductions in detention utili- zation and residential placements, and other projected positive outcomes for youth who participate in the services and programs; and (vi) for each year that the municipality submits a plan as required by this section, the municipality must provide the following information for the most recent preceding year for which such municipality received funding: (A) the number of youth who participated in the services and programs funded pursuant to this section; and (B) whether the services and programs achieved the projected reductions in detention utilization and residential placements and other performance outcomes. (b) A municipality's plan shall be submitted to the office of children and family services for review and approval. The office may approve all or part of the plan based on the potential effectiveness of the plan. (i) If the office does not approve a plan, the municipality shall have sixty days to submit an amended plan. (ii) Upon approval of a plan, the office shall notify the municipality and post the approved plan on the office of children and family services website. (c) [Any claims submitted by a municipality for reimbursement for a particular program year for which the municipality does not receive state reimbursement during the applicable program year may not be claimed against that municipality's distribution for any succeeding program year.] The office may require that such claims be submitted to the office electronically in the manner and format required by the office. (d) Any municipality submitting claims for reimbursement shall certify to the office that supervision and treatment services for juveniles program funds were not used to supplant other state and local funds, and such claims for reimbursement are not for the same type and level of services that the municipality provided under any contract in existence on September thirtieth, two thousand ten that was funded other than through the office of children and family services as community optional preventive, alternatives to detention, alternatives to residential placement, preventive, independent living, or after care services. 4. Two or more eligible municipalities may join together to establish, operate and maintain supervision and treatment services for juveniles S. 1506--C 37 A. 2006--C programs and may make and perform agreements in connection therewith. Such agreements shall include provisions for the proportionate cost to be borne by each municipality and for the manner of employment of personnel and may provide that a fiscal officer of one such municipality shall be the custodian of the moneys made available for expenditure for such purposes by all such municipalities and that such fiscal officer may make payments therefrom upon audit of the appropriate auditing body or officer of his municipality. In making claims for state reimbursement pursuant to this section, each municipality shall claim for its propor- tionate share of expenditures. However, where the agreement provides for a disbursing municipality, such disbursing municipality shall claim for the total joint program expenditures made and shall disburse the state reimbursement to each participating municipality based upon the propor- tionate share of each participating municipality's expenditures. 5. The office of children and family services shall report to the governor, the speaker of the assembly, the temporary president of the senate, the minority leader of the assembly and the minority leader of the senate no later than July first, two thousand twelve, and each year thereafter, detailing the implementation and progress of the supervision and treatment services for juveniles program, as established by this section. The report shall detail the following information for each municipality, as defined by this section: (a) the amount of funds disbursed to date for the previous program year of the supervision and treatment services for juveniles program; (b) the amount of juvenile detention funds distributed by such date in accordance with section five hundred thirty of this title for the previ- ous program year and, if any, the amount of such funds used for super- vision and treatment services for juveniles program; (c) the number of alleged and adjudicated juvenile delinquents and persons in need of supervision and alleged and convicted juvenile offen- ders being served by such programs; and (d) each program name and its provider. § 21. The opening paragraph and paragraph (a) of subdivision 2, subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 5, and subdivision 7 of section 530 of the executive law, the opening paragraph and paragraph (a) of subdivision 2 and subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as amended by section 100 of part WWW of chapter 59 of the laws of 2017 and subdivi- sion 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: Expenditures made by municipalities in providing care, maintenance and supervision to youth in detention facilities designated pursuant to [sections seven hundred twenty and] section 305.2 of the family court act and certified by office of children and family services, shall be subject to reimbursement by the state, as follows: (a) Notwithstanding any provision of law to the contrary, eligible expenditures by a municipality during a particular program year for the care, maintenance and supervision [in foster care programs certified by the office of children and family services, certified or approved family boarding homes, and non-secure detention facilities certified by the office for those youth alleged to be persons in need of supervision or adjudicated persons in need of supervision held pending transfer to a facility upon placement; and] in secure and non-secure detention facili- ties certified by the office in accordance with section five hundred three of this article for those youth alleged to be juvenile delin- quents; adjudicated juvenile delinquents held pending transfer to a S. 1506--C 38 A. 2006--C facility upon placement, and juvenile delinquents held at the request of the office of children and family services pending extension of place- ment hearings or release revocation hearings or while awaiting disposi- tion of such hearings; and youth alleged to be or convicted as juvenile offenders, youthful offenders and adolescent offenders AND PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, YOUTH ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PEND- ING TRANSFER TO A FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTI- FIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, CERTIFIED OR APPROVED FOSTER BOARDING HOMES AND NON-SECURE DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state reimbursement for up to fifty percent of the municipality's expenditures, exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution from funds that have been appropriated specifically therefor for that program year. Municipalities shall imple- ment the use of detention risk assessment instruments in a manner prescribed by the office so as to inform detention decisions. Notwith- standing any other provision of state law to the contrary, data neces- sary for completion of a detention risk assessment instrument may be shared among law enforcement, probation, courts, detention administra- tors, detention providers, and the attorney for the child upon retention or appointment; solely for the purpose of accurate completion of such risk assessment instrument, and a copy of the completed detention risk assessment instrument shall be made available to the applicable detention provider, the attorney for the child and the court. (1) temporary care, maintenance and supervision provided to alleged juvenile delinquents [and persons in need of supervision] in detention facilities certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act by the office of children and family services, pending adjudication of alleged delinquency [or alleged need of supervision] by the family court, or pending transfer to insti- tutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a criminal court if the person named therein as prin- cipal is under seventeen years of age; or (4) PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY temporary care, main- tenance and supervision provided youth detained in foster care facili- ties or certified or approved family boarding homes pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved and certified by the office of children and family services and certified pursuant to [sections seven hundred twenty and] SECTION 305.2 of the family court act, in order to assure that adequate accommodations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursu- ant to paragraph (a) of this subdivision, shall be reimbursed as expend- itures for care, maintenance and supervision under the provisions of this section, provided the office shall have given its prior approval for reserving such accommodations. 7. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, at such times and in such form and manner and containing such information as required by the office of children and family services, an annual report on youth remanded pursuant to article three or seven of the fami- ly court act who are detained during each calendar year including, commencing January first, two thousand twelve, the risk level of each S. 1506--C 39 A. 2006--C detained youth as assessed by a detention risk assessment instrument approved by the office of children and family services PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER- EAFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. The office may require that such data on detention use be submitted to the office electron- ically. Such report shall include, but not be limited to, the reason for the court's determination in accordance with section 320.5 or seven hundred thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. The office shall submit a compi- lation of all the separate reports to the governor and the legislature. § 22. Intentionally omitted. § 23. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 24. This act shall take effect January 1, 2020 and shall be deemed to be applicable to the pre-dispositional placement of youth pursuant to petitions filed pursuant to article seven of the family court act on or after such effective date. PART L Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 131-o of the social services law, as amended by section 1 of part YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least [$144.00] $148.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (b) in the case of each individual receiving residential care, an amount equal to at least [$166.00] $171.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least [$198.00] $204.00 for each month beginning on or after January first, two thousand [eighteen] NINETEEN. (d) for the period commencing January first, two thousand [nineteen] TWENTY, the monthly personal needs allowance shall be an amount equal to the sum of the amounts set forth in subparagraphs one and two of this paragraph: (1) the amounts specified in paragraphs (a), (b) and (c) of this subdivision; and (2) the amount in subparagraph one of this paragraph, multiplied by the percentage of any federal supplemental security income cost of living adjustment which becomes effective on or after January first, two thousand [nineteen] TWENTY, but prior to June thirtieth, two thousand [nineteen] TWENTY, rounded to the nearest whole dollar. S. 1506--C 40 A. 2006--C § 2. Paragraph (a), (b), (c), (d), (e) and (f) of subdivision 2 of section 209 of the social services law, as amended by section 2 of part YY of chapter 59 of the laws of 2018, are amended to read as follows: (a) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living alone, [$837.00] $858.00; and for an eligible couple living alone, [$1,229.00] $1,261.00. (b) On and after January first, two thousand [eighteen] NINETEEN, for an eligible individual living with others with or without in-kind income, [$773.00] $794.00; and for an eligible couple living with others with or without in-kind income, [$1,171.00] $1,203.00. (c) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving family care, [$1,016.48] $1,037.48 if he or she is receiving such care in the city of New York or the coun- ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving family care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individ- ual receiving such care in any other county in the state, [$978.48] $999.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (d) On and after January first, two thousand [eighteen] NINETEEN, (i) for an eligible individual receiving residential care, [$1,185.00] $1,206.00 if he or she is receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible couple receiving residential care in the city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, [$1,155.00] $1,176.00; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (e) [(i)] On and after January first, two thousand [eighteen] NINETEEN, (I) for an eligible individual receiving enhanced residential care, [$1,444.00] $1,465.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subpara- graph (i) of this paragraph. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- mental security income benefits for individuals or couples which become effective on or after January first, two thousand [nineteen] TWENTY but prior to June thirtieth, two thousand [nineteen] TWENTY. § 3. This act shall take effect December 31, 2019. PART M Section 1. Section 4 of part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, is amended to read as follows: § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016, provided further that this act shall expire and be deemed repealed March 31, [2019] 2022. § 2. This act shall take effect immediately. S. 1506--C 41 A. 2006--C PART N Intentionally Omitted PART O Intentionally Omitted PART P Intentionally Omitted PART Q Intentionally Omitted PART R Intentionally Omitted PART S Intentionally Omitted PART T Section 1. Short title. This act shall be known and may be cited as the "Lawful Source of Income Non-Discrimination Act of 2019". § 2. Section 292 of the executive law is amended by adding a new subdivision 36 to read as follows: 36. THE TERM "LAWFUL SOURCE OF INCOME" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD SUPPORT, ALIMONY, FOSTER CARE SUBSIDIES, INCOME DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF FEDERAL, STATE, OR LOCAL PUBLIC ASSISTANCE OR HOUSING ASSISTANCE INCLUDING, BUT NOT LIMITED TO, SECTION 8 VOUCHERS, OR ANY OTHER FORM OF HOUSING ASSISTANCE PAYMENT OR CREDIT WHETHER OR NOT SUCH INCOME OR CREDIT IS PAID OR ATTRIBUTED DIRECTLY TO A LANDLORD, AND ANY OTHER FORMS OF LAWFUL INCOME. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO PROHIBIT THE USE OF CRITERIA OR QUALIFICATIONS OF ELIGIBILITY FOR THE SALE, RENTAL, LEASING OR OCCUPANCY OF PUBLICLY-ASSISTED HOUSING ACCOMMODATIONS WHERE SUCH CRITERIA OR QUALIFICATIONS ARE REQUIRED TO COMPLY WITH FEDERAL OR STATE LAW, OR ARE NECESSARY TO OBTAIN THE BENEFITS OF A FEDERAL OR STATE PROGRAM. A PUBLICLY ASSISTED HOUSING ACCOMMODATION MAY INCLUDE ELIGIBIL- ITY CRITERIA IN STATEMENTS, ADVERTISEMENTS, PUBLICATIONS OR APPLICA- TIONS, AND MAY MAKE INQUIRY OR REQUEST INFORMATION TO THE EXTENT NECES- SARY TO DETERMINE ELIGIBILITY. § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, gender identity or expression, military status, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation or S. 1506--C 42 A. 2006--C land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, gender identity or expression, military status, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, sexual orien- tation, gender identity or expression, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial status of a person seeking to rent or lease any publicly-assisted housing accommo- dation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. (c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, gender identity or expression, military status, sex, age, disa- bility, marital status, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination. § 4. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, are amended to read as follows: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, gender identity or expression, military status, sex, age, disa- bility, marital status, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination. S. 1506--C 43 A. 2006--C § 5. Subparagraphs 1 and 2 of paragraph (c) of subdivision 5 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, are amended to read as follows: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons, or to represent that any housing accommodation, land or commer- cial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or familial status; or any intent to make any such limitation, specification or discrimination. § 6. Paragraph (d) of subdivision 5 of section 296 of the executive law, as amended by chapter 8 of the laws of 2019, is amended to read as follows: (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, sexual orientation, gender identity or expression, military status, age, sex, disability, marital status, LAWFUL SOURCE OF INCOME or familial status of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. § 7. This act shall take effect immediately and shall apply to all causes of action filed on or after such effective date. PART U Intentionally Omitted PART V Intentionally Omitted PART W Intentionally Omitted S. 1506--C 44 A. 2006--C PART X Intentionally Omitted PART Y Intentionally Omitted PART Z Intentionally Omitted PART AA Section 1. The opening paragraph of section 5-211 of the election law, as amended by chapter 265 of the laws of 2013, is amended to read as follows: Each agency designated as a participating agency under the provisions of this section shall implement and administer a program of distribution of voter registration forms pursuant to the provisions of this section. The following offices which provide public assistance and/or provide state funded programs primarily engaged in providing services to persons with disabilities are hereby designated as voter registration agencies: designated as the state agencies which provide public assistance are the office of children and family services, the office of temporary and disability assistance and the department of health. Also designated as public assistance agencies are all agencies of local government that provide such assistance. Designated as state agencies that provide programs primarily engaged in providing services to people with disabil- ities are the department of labor, office for the aging, division of veterans' [affairs] SERVICES, office of mental health, office of voca- tional and educational services for individuals with disabilities, commission on quality of care for the mentally disabled, office of mental retardation and developmental disabilities, commission for the blind, office of alcoholism and substance abuse services, the office of the advocate for the disabled and all offices which administer programs established or funded by such agencies. Additional state agencies desig- nated as voter registration offices are the department of state and the division of workers' compensation. Such agencies shall be required to offer voter registration forms to persons upon initial application for services, renewal or recertification for services and change of address relating to such services. Such agencies shall also be responsible for providing assistance to applicants in completing voter registration forms, receiving and transmitting the completed application form from all applicants who wish to have such form transmitted to the appropriate board of elections. The state board of elections shall, together with representatives of the department of defense, develop and implement procedures for including recruitment offices of the armed forces of the United States as voter registration offices when such offices are so designated by federal law. The state board shall also make request of the United States Immigration and Naturalization Service to include applications for registration by mail with any materials which are given to new citizens. All institutions of the state university of New York and the city university of New York, shall, at the beginning of the school year, and again in January of a year in which the president of the United States is to be elected, provide an application for registra- S. 1506--C 45 A. 2006--C tion to each student in each such institution. The state board of elections may, by regulation, grant a waiver from any or all of the requirements of this section to any office or program of an agency, if it determines that it is not feasible for such office or program to administer such requirement. § 2. Subdivision 8 of section 31 of the executive law, as amended by section 106 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 8. The division of veterans' [affairs] SERVICES. § 2-a. Paragraph (e) of subdivision 1 of section 169 of the executive law, as amended by section 9 of part A of chapter 60 of the laws of 2012, is amended to read as follows: (e) [chairman] CHAIRPERSON of state athletic commission, director of the office of victim services, [chairman] CHAIRPERSON of human rights appeal board, [chairman] CHAIRPERSON of the industrial board of appeals, [chairman] CHAIRPERSON of the state commission of correction, members of the board of parole, [member-chairman] MEMBER-CHAIRPERSON of unemploy- ment insurance appeal board, director of veterans' [affairs] SERVICES, and [vice-chairman] VICE-CHAIRPERSON of the workers' compensation board; § 3. Subdivision 1 of section 191 of the executive law, as added by chapter 285 of the laws of 1995, is amended to read as follows: 1. There is hereby established within the division of military and naval affairs a temporary advisory committee on the restoration and display of New York state's military battle flags (hereinafter referred to as the "committee"). The committee shall have thirteen members as follows: the adjutant general, the director of the New York state mili- tary heritage museum, the commissioners of education and parks, recre- ation and historic preservation and the director of the division of veterans' [affairs] SERVICES, or their designated representatives, two members appointed each by the governor, speaker of the assembly and majority leader of the senate and one member each appointed by the minority leaders of the senate and assembly and shall serve at the plea- sure of the appointing authority. Appointed members shall include indi- viduals with experience in restoration of historical memorabilia, exper- tise in military history, or a background in historical restoration or fine arts conservation. No appointed member shall be a member of the executive, legislative or judicial branch of the state government at the time of his/her appointment. The advisory committee shall meet at least four times a year. No members shall receive any compensation, but members who are not state officials may receive actual and necessary expenses incurred in the performance of their duties. § 4. The article heading of article 17 of the executive law is amended to read as follows: VETERANS' [AFFAIRS] SERVICES § 5. Subdivisions 1 and 2 of section 350 of the executive law are amended to read as follows: 1. The term "division" means the division of veterans' [affairs] SERVICES. 2. The term "state director" means the New York state director of veterans' [affairs] SERVICES. § 6. Section 351 of the executive law is amended to read as follows: § 351. Division of veterans' [affairs] SERVICES. There is hereby created in the executive department a division of veterans' [affairs] SERVICES. The head of such division shall be the New York state direc- tor of veterans' [affairs] SERVICES who shall be a veteran. He OR SHE shall be appointed by the governor and shall hold office during his OR S. 1506--C 46 A. 2006--C HER pleasure. Such state director shall receive an annual salary to be fixed by the governor within the limitation provided by law. He OR SHE shall also be entitled to receive his OR HER expenses actually and necessarily incurred by him OR HER in the performance of his OR HER duties. The state director, with the approval of the governor, may establish such bureaus within the division as are necessary and appro- priate to carrying out its functions and may consolidate or abolish such bureaus. The state director may appoint such officers, consultants, clerks and other employees and agents as he OR SHE may deem necessary, fix their compensation within the limitation provided by law, and prescribe their duties. § 7. The section heading and subdivisions 1 and 5 of section 352 of the executive law, as amended by chapter 501 of the laws of 1993, are amended to read as follows: Veterans' [affairs] SERVICES commission. 1. There shall be in the division a veterans' [affairs] SERVICES commission, which shall consist of the members and the ex officio members provided for in this section. 5. The commission shall have power, and it shall be its duty, to assist the state director in the formulation of policies affecting veterans and in the coordination of all operations of state agencies relating to veterans' [affairs] SERVICES. § 8. Section 354-a of the executive law, as amended by section 95 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: § 354-a. Information on status of veterans receiving assistance. Departments, divisions, bureaus, boards, commissions and agencies of the state and political subdivisions thereof, which provide assistance, treatment, counseling, care, supervision or custody in service areas involving health, mental health, family services, criminal justice or employment, including but not limited to the office of alcoholism and substance abuse services, office of mental health, office of probation and correctional alternatives, office of children and family services, office of temporary and disability assistance, department of health, department of labor, local workforce investment boards, office for people with developmental disabilities, and department of corrections and community supervision, shall request assisted persons to provide information with regard to their veteran status and military experi- ences. Individuals identifying themselves as veterans shall be advised that the division of veterans' [affairs] SERVICES and local veterans' service agencies established pursuant to section three hundred fifty- seven of this article provide assistance to veterans regarding benefits under federal and state law. Information regarding veterans status and military service provided by assisted persons solely to implement this section shall be protected as personal confidential information under article six-A of the public officers law against disclosure of confiden- tial material, and used only to assist in the diagnosis, treatment, assessment and handling of the veteran's problems within the agency requesting such information and in referring the veteran to the division of veterans' [affairs] SERVICES for information and assistance with regard to benefits and entitlements under federal and state law. § 8-a. Subdivision 2 of section 354-e of the executive law, as added by chapter 322 of the laws of 2018, is amended to read as follows: 2. Individuals identifying themselves as having served in the military or a family member shall be advised that the division of veterans' [affairs] SERVICES and local veterans service agencies established pursuant to section three hundred fifty-seven of this article provide S. 1506--C 47 A. 2006--C assistance to veterans regarding benefits under federal and state law. Information regarding veterans and military status provided by assisted persons solely to implement this section shall be protected as personal confidential material, and used only to assist in the diagnosis, treat- ment, assessment and handling of the veteran's or family member's prob- lems within the agency requesting such information and in referring the veteran or family member to the division of veterans' [affairs] SERVICES for the information and assistance with regard to benefits and entitle- ments under federal and state law. § 9. Paragraph (b) of subdivision 1 of section 361-b of the executive law, as amended by chapter 515 of the laws of 2011, is amended to read as follows: (b) "Division" shall mean the state division of veterans' [affairs] SERVICES. § 10. Section 362 of the executive law, as amended by chapter 251 of the laws of 2004, is amended to read as follows: § 362. Creation of annuity. 1. Payment to veterans. a. Any veteran as defined in this article who has been or is hereafter classified by the New York State commission for the visually handicapped as a blind person as defined in section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen, as amended, and continues to be a blind person within the meaning of that section, shall, upon application to the director of the division of veterans' [affairs] SERVICES, be paid out of the treasury of the state for such term as such veteran shall be entitled thereto under the provisions of this article, the sum of one thousand dollars annually, plus any applicable annual adjustment, as provided in this section. b. The entitlement of any veteran to receive the annuity herein provided shall terminate upon his or her ceasing to continue to be a resident of and domiciled in the state, but such entitlement may be reinstated upon application to the director of veterans' [affairs] SERVICES, if such veteran shall thereafter resume his or her residence and domicile in the state. c. The effective date of an award of the annuity to a veteran shall be the date of receipt of the application therefor by the director of veterans' [affairs] SERVICES, except that if the application is denied but is granted at a later date upon an application for reconsideration based upon new evidence, the effective date of the award of the annuity to a veteran shall be the date of receipt of the application for recon- sideration by the director of veterans' [affairs] SERVICES. 2. Payment to widows and widowers of blind veterans. a. The unremar- ried spouse of a veteran who heretofore has died or the unremarried spouse of a veteran dying hereafter, such veteran being at the time of her or his death a recipient of, or eligible for, the benefits above provided, shall, upon application to the director of veterans' [affairs] SERVICES, also be paid out of the treasury of the state the sum of one thousand dollars annually, plus any applicable annual adjustment, for such term as such unremarried spouse shall be entitled thereto under the provisions of this article. b. The entitlement of any widow or widower to receive the annuity herein provided shall terminate upon her or his death or re-marriage or upon her or his ceasing to continue to be a resident of and domiciled in the state of New York, but such entitlement may be reinstated upon application to the director of veterans' [affairs] SERVICES, if such widow or widower shall thereafter resume her or his residence and domi- cile in the state. S. 1506--C 48 A. 2006--C c. The effective date of an award of the annuity to a widow or widower shall be the day after the date of death of the veteran if the applica- tion therefor is received within one year from such date of death. If the application is received after the expiration of the first year following the date of the death of the veteran, the effective date of an award of the annuity to a widow or widower shall be the date of receipt of the application by the director of veterans' [affairs] SERVICES. If an application is denied but is granted at a later date upon an applica- tion for reconsideration based upon new evidence, the effective date of the award of the annuity to a widow or widower shall be the date of receipt of the application for reconsideration by the director of veter- ans' [affairs] SERVICES. 3. Annual adjustment. Commencing in the year two thousand five, and for each year thereafter, the amount of any annuity payable under this section shall be the same amount as the annuity payable in the preceding year plus a percentage adjustment equal to the annual percentage increase, if any, for compensation and pension benefits administered by the United States Department of Veterans' Affairs in the previous year. Such percentage increase shall be rounded up to the next highest one- tenth of one percent and shall not be less than one percent nor more than four percent. Commencing in the year two thousand five, the direc- tor of veterans' [affairs] SERVICES, not later than February first of each year, shall publish by any reasonable means the amount of the annu- ity as adjusted payable under this section. § 10-a. Subdivisions 1 and 2 of section 363 of the executive law, subdivision 1 as added by chapter 424 of the laws of 1961, and subdivi- sion 2 as amended by chapter 1052 of the laws of 1971, are amended to read as follows: 1. The evidence of such service, blindness, residence and domicile, or of such marriage, widowhood, residence and domicile in each case shall be furnished in the manner and form prescribed by the director of veter- ans' [affairs] SERVICES who shall examine the same. 2. Upon being satisfied that such service was performed, that other facts and statements in the application of such veteran or widow OR WIDOWER are true and that the said veteran has been classified by the New York state commission for the visually handicapped as a blind person, where such veteran is not receiving or not entitled to receive a benefit from any existing retirement system to which the state is a contributor, unless such veteran shall have become disabled by reason of loss of sight, while engaged in employment entitling him OR HER to receive a benefit from any existing retirement system to which the state is a contributor, and as a result of such disability has retired from such employment and is receiving or is entitled to receive a benefit from such retirement system the director of veterans' [affairs] SERVICES shall certify to the state comptroller the name and address of such veteran or widow OR WIDOWER. § 10-b. Subdivisions 3 and 5 of section 364 of the executive law, subdivision 3 as added by chapter 424 of the laws of 1961, and subdivi- sion 5 as amended by chapter 115 of the laws of 1981, are amended to read as follows: 3. Where any veteran is disqualified for the annuity for any period solely by reason of the provisions of subdivision two of this section, the director of veterans' [affairs] SERVICES shall pay to his [wife] OR HER SPOUSE, if any, the annuity which such veteran would receive for that period but for said subdivision two. S. 1506--C 49 A. 2006--C 5. Where payment of the annuity as hereinbefore authorized is to be made to a mentally incompetent person or a conservatee, such payment may be authorized by the director of veterans' [affairs] SERVICES of the state to be paid only to a duly qualified court-appointed committee or conservator, legally vested with the care of such incompetent's person or property or of such conservatee's property, except that in the case of an incompetent annuitant for whom a committee has not been appointed or a person under a substantial impairment [within the meaning of the conservatorship provisions of article seventy-seven of the mental hygiene law] for whom a conservator has not been appointed and who is hospitalized in a United States [veterans'] VETERANS HEALTH adminis- tration hospital or in a hospital under the jurisdiction of the state of New York, the director of veterans' [affairs] SERVICES of the state may in his OR HER discretion certify payment of the annuity, as hereinbefore authorized, to the manager of such [veterans'] UNITED STATES VETERANS HEALTH administration hospital or to the director of such state hospital for the account of the said incompetent or substantially impaired annui- tant. § 11. The third undesignated paragraph of subdivision 1 and the open- ing paragraphs of paragraphs (a) and (b), paragraph (g), the opening paragraph and clause 6 of subparagraph (ii) of paragraph (h) of subdivi- sion 2 of section 365 of the executive law, as added by section 5 of part W of chapter 57 of the laws of 2013, are amended to read as follows: The legislature additionally finds and determines that it is therefore necessary to provide for the construction and establishment of one or more New York state veterans cemeteries, and that to thereafter, provide for the expansion, improvement, support, operation, maintenance and the provision of perpetual care of all such cemeteries so constructed and established. The legislature also finds and determines that it is appro- priate to have the responsibility for the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care for veterans cemeteries in this state, to be under the oversight and direction of the state division of veterans [affairs] SERVICES, and its director, individually, and as chair of the management board, for each such veterans cemetery so constructed and established. 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] VETERANS' cemetery. Such investigation and study shall include, but not be limited to: Prior to the commencement of the investigation and study pursuant to paragraph (a) of this subdivision, the director of the division of veterans' [affairs] SERVICES, the director of the division of the budg- et, the director of the department of state's division of cemeteries, and the office of the state comptroller must certify to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate finance committee and the chair of the assembly ways and means committee that the veterans remembrance and cemetery mainte- nance 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 S. 1506--C 50 A. 2006--C not include any amount that shall be reimbursed or contributed to the cemetery 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' [affairs] 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: (g) Nothing in this section shall be construed to authorize the divi- sion of veterans' [affairs] SERVICES to commence an investigation and study pursuant 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] VETERANS' cemetery pursuant to paragraph (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 seek- ing funds to support the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care of New York state's first [veterans] 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. Guidelines and standards for the request for proposals for any local government desiring to have the first state [veterans] VETERANS' ceme- tery located within its political subdivision, pursuant to paragraph (b) of this subdivision, including, but not limited to: (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' [affairs] 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 § 11-a. Paragraph (a) of subdivision 1 of section 367 of the executive law, as amended by chapter 356 of the laws of 2018, is amended to read as follows: (a) A parent, identified in 10 USC 1126 as a gold star parent, of a veteran who heretofore has died or parent of a veteran dying hereafter, shall upon application to the state director, be paid an annual annuity out of the treasury of the state for the sum of five hundred dollars for such term as such parent shall be entitled thereto under the provisions of this article. Commencing in the year two thousand nineteen, the amount of any annuity payable under this section shall be the same amount as the annuity payable in the preceding year plus a percentage adjustment equal to the annual percentage increase, if any, for compen- sation and pension benefits administered by the United States department of [veterans'] VETERANS affairs in the previous year. Such percentage S. 1506--C 51 A. 2006--C increase shall be rounded up to the next highest one-tenth of one percent and shall not be less than one percent nor more than four percent. The director of veterans' [affairs] SERVICES, not later than February first of each year, shall publish by any reasonable means, including but not limited to posting on the division's website, the amount of the annuity as adjusted payable under this section. The term "parent" for the purposes of this section includes mother, father, step- mother, stepfather, mother through adoption and father through adoption. § 12. Subdivision 3 of section 369-d of the executive law, as added by chapter 557 of the laws of 2013, is amended to read as follows: 3. establish and maintain, together with the director of the division of veterans' [affairs] SERVICES, a program to educate separating service members as to the benefits available to veterans under this article. § 13. Paragraph (c) of subdivision 4 of section 369-i of the executive law, as added by chapter 22 of the laws of 2014, is amended to read as follows: (c) Evaluate and assess availability of firms for the purpose of increasing participation of such firms in state contracting in consulta- tion with relevant state entities including, but not limited to, the New York state division of veterans' [affairs] SERVICES. § 14. Subdivision 1 of section 643 of the executive law, as amended by section 107 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. As used in this section, "crime victim-related agency" means any agency of state government which provides services to or deals directly with crime victims, including (a) the office of children and family services, the office for the aging, the division of [veterans affairs] VETERANS' SERVICES, the office of probation and correctional alterna- tives, the department of corrections and community supervision, the office of victim services, the department of motor vehicles, the office of vocational rehabilitation, the workers' compensation board, the department of health, the division of criminal justice services, the office of mental health, every transportation authority and the division of state police, and (b) any other agency so designated by the governor within ninety days of the effective date of this section. § 15. Subdivisions 3 and 4 of section 95-f of the state finance law, as added by chapter 266 of the laws of 2005, are amended to read as follows: 3. Monies of the fund shall be expended for the provision of veterans' counseling services provided by local veterans' service agencies pursu- ant to section three hundred fifty-seven of the executive law under the direction of the division of veterans' [affairs] SERVICES. 4. To the extent practicable, the director of the division of veter- ans' [affairs] SERVICES shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year. § 16. The opening paragraph of subdivision 2-a and subdivision 5 of section 97-mmmm of the state finance law, the opening paragraph of subdivision 2-a as amended by section 27-c of part UU of chapter 54 of the laws of 2016, and subdivision 5 as added by section 2 of part W of chapter 57 of the laws of 2013, are amended to read as follows: On or before the first day of February each year, the director of the New York state division of veterans' [affairs] SERVICES shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on veterans, homeland security and military affairs, chair of the assembly veterans' S. 1506--C 52 A. 2006--C affairs committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: 5. Moneys shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the director of the division of [veterans affairs] VETERANS' SERVICES. § 17. Subdivision 1, the opening paragraph of subdivision 2-a and subdivisions 4 and 5 of section 99-v of the state finance law, subdivi- sions 1, 4 and 5 as added by chapter 428 of the laws of 2014, and the opening paragraph of subdivision 2-a as amended by section 27-d of part UU of chapter 54 of the laws of 2016, are amended to read as follows: 1. There is hereby established in the joint custody of the commission- er of taxation and finance, the New York state director of [veterans affairs] VETERANS' SERVICES and the comptroller, a special fund to be known as the "homeless veterans assistance fund". On or before the first day of February each year, the director of the New York state division of veterans' [affairs] SERVICES shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on veterans, homeland security and military affairs, chair of the assembly veterans' affairs committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: 4. Moneys of the fund shall be expended only for the assistance and care of homeless veterans, for housing and housing-related expenses, as determined by the division of [veterans affairs] VETERANS' SERVICES. 5. Moneys shall be paid out of the fund on the audit and warrant of the comptroller on vouchers approved and certified by the New York state director of [veterans affairs] VETERANS' SERVICES. Any interest received by the comptroller on moneys on deposit in the homeless veter- ans assistance fund shall be retained in and become part of such fund. § 18. Subdivision 1 of section 168 of the labor law, as amended by section 117 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. This section shall apply to all persons employed by the state in the ward, cottage, colony, kitchen and dining room, and guard service personnel in any hospital, school, prison, reformatory or other institu- tion within or subject to the jurisdiction, supervision, control or visitation of the department of corrections and community supervision, the department of health, the department of mental hygiene, the depart- ment of social welfare or the division of veterans' [affairs] SERVICES in the executive department, and engaged in the performance of such duties as nursing, guarding or attending the inmates, patients, wards or other persons kept or housed in such institutions, or in protecting and guarding the buildings and/or grounds thereof, or in preparing or serv- ing food therein. § 19. Subdivision 3 of section 404-v of the vehicle and traffic law, as amended by chapter 266 of the laws of 2005, is amended to read as follows: 3. A distinctive plate issued pursuant to this section shall be issued in the same manner as other number plates upon the payment of the regu- lar registration fee prescribed by section four hundred one of this article, provided, however, that an additional annual service charge of fifteen dollars shall be charged for such plate. Such annual service charge shall be deposited to the credit of the Eighth Air Force Histor- S. 1506--C 53 A. 2006--C ical Society fund established pursuant to section ninety-five-f of the state finance law and shall be used for veterans' counseling services provided by local veterans' service agencies pursuant to section three hundred fifty-seven of the executive law under the direction of the division of veterans' [affairs] SERVICES. Provided, however, that one year after the effective date of this section funds in the amount of five thousand dollars, or so much thereof as may be available, shall be allocated to the department to offset costs associated with the production of such license plates. § 20. Subdivision 3 of section 11-0707 of the environmental conserva- tion law, as amended by section 92 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 3. Any person who is a patient at any facility in this state main- tained by the United States [Veterans'] VETERANS HEALTH Administration or at any hospital or sanitorium for treatment of tuberculosis main- tained by the state or any municipal corporation thereof or resident patient at any institution of the department of Mental Hygiene, or resi- dent patient at the rehabilitation hospital of the department of Health, or at any rest camp maintained by the state through the Division of Veterans' [Affairs] SERVICES in the Executive Department or any inmate of a conservation work camp within the youth rehabilitation facility of the department of corrections and community supervision, or any inmate of a youth opportunity or youth rehabilitation center within the Office of Children and Family Services, any resident of a nursing home or resi- dential health care facility as defined in subdivisions two and three of section twenty-eight hundred one of the public health law, or any staff member or volunteer accompanying or assisting one or more residents of such nursing home or residential health care facility on an outing authorized by the administrator of such nursing home or residential health care facility may take fish as if he OR SHE held a fishing license, except that he OR SHE may not take bait fish by net or trap, if he OR SHE has on his OR HER person an authorization upon a form furnished by the department containing such identifying information and data as may be required by it, and signed by the superintendent or other head of such facility, institution, hospital, sanitarium, nursing home, residential health care facility or rest camp, as the case may be, or by a staff physician thereat duly authorized so to do by the superintendent or other head thereof. Such authorization with respect to inmates of said conservation work camps shall be limited to areas under the care, custody and control of the department. § 21. Subdivision 5 of section 2805-b of the public health law, as amended by chapter 64 of the laws of 2016, is amended to read as follows: 5. The staff of a general hospital shall: (a) inquire whether or not the person admitted has served in the United States armed forces. Such information shall be listed on the admissions form; (b) notify any admittee who is a veteran of the possible availability of services at a hospital operated by the [veterans administration] UNITED STATES VETER- ANS HEALTH ADMINISTRATION, and, upon request by the admittee, such staff shall make arrangements for the individual's transfer to a [veterans administration operated] UNITED STATES VETERANS HEALTH ADMINISTRATION hospital, provided, however, that transfers shall be authorized only after it has been determined, according to accepted clinical and medical standards, that the patient's condition has stabilized and transfer can be accomplished safely and without complication; and (c) provide any admittee who has served in the United States armed forces with a copy of S. 1506--C 54 A. 2006--C the "Information for Veterans concerning Health Care Options" fact sheet, maintained by the division of veterans' [affairs] SERVICES pursu- ant to subdivision twenty-three of section three hundred fifty-three of the executive law prior to discharging or transferring the patient. The commissioner shall promulgate rules and regulations for notifying such admittees of possible available services and for arranging a requested transfer. § 22. Subdivisions 2 and 3 of section 2805-o of the public health law, subdivision 2 as amended by chapter 95 of the laws of 2004, and subdivi- sion 3 as added by chapter 158 of the laws of 1993, are amended to read as follows: 2. Every nursing home and residential health care facility shall in writing advise all individuals identifying themselves as veterans or spouses of veterans that the division of veterans' [affairs] SERVICES and local veterans' service agencies established pursuant to section three hundred fifty-seven of the executive law to provide assistance to veterans and their spouses regarding benefits under federal and state law. Such written information shall include the name, address and tele- phone number of the New York state division of veterans' [affairs] SERVICES, the nearest division of veterans' [affairs] SERVICES office, the nearest county or city veterans' service agency and the nearest accredited veterans' service officer. 3. Every nursing home and residential health care facility, upon request of individuals identifying themselves as veterans or spouses of veterans, shall transmit such veteran status information to the division of veterans' [affairs] SERVICES. § 23. Subdivision 2 of section 3802 of the public health law, as added by chapter 1135 of the laws of 1971, is amended to read as follows: 2. In the exercise of the foregoing powers and duties the commissioner shall consult with the director of the division of veterans' [affairs] SERVICES and the heads of state agencies charged with responsibility for manpower and health resources. § 24. Subdivision 3 of section 3803 of the public health law, as amended by chapter 743 of the laws of 2006, is amended to read as follows: 3. In exercising any of his or her powers under this section, the commissioner shall consult with appropriate health care professionals, providers, veterans or organizations representing them, the division of veterans' [affairs] SERVICES, the [federal] UNITED STATES department of [veterans'] VETERANS affairs and the United States defense department. § 25. Section 99-v of the general municipal law, as added by chapter 16 of the laws of 2011, is amended to read as follows: § 99-v. Veterans [affairs] SERVICES; display of events. Each county, city, town or village may adopt a local law to provide a bulletin board to be conspicuously displayed in such county, city, town or village building holding its local legislative body or municipal offices. Such bulletin board shall be used by veterans organizations, the New York state division of veterans' [affairs] SERVICES, the county veterans service agency or city veterans service agency to display information regarding veterans in such county, city, town or village. Such informa- tion may include, but not be limited to, benefits or upcoming veterans related events in the community. § 26. Subdivision 1-b of section 247 of the military law, as added by chapter 477 of the laws of 2013, is amended to read as follows: 1-b. The adjutant general is hereby authorized to present in the name of the legislature of the state of New York, a certificate, to be known S. 1506--C 55 A. 2006--C as the "Cold War Certificate", bearing a suitable inscription, to any person: (i) who is a citizen of the state of New York or (ii) who was a citizen of the state of New York while serving in the armed forces of the United States; (iii) who served in the United States Armed Forces during the period of time from September second, nineteen hundred forty-five through December twenty-sixth, nineteen hundred ninety-one, commonly known as the Cold War Era; and (iv) who was honorably discharged or released under honorable circumstances during the Cold War Era. Not more than one Cold War Certificate shall be awarded or presented, under the provisions of this subdivision, to any person whose entire service subsequent to the time of the receipt of such medal shall not have been honorable. In the event of the death of any person during or subsequent to the receipt of such certificate it shall be presented to such representative of the deceased as may be designated. The adju- tant general, in consultation with the director of the division of veterans' [affairs] SERVICES, shall make such rules and regulations as may be deemed necessary for the proper presentation and distribution of the certificate. § 27. Subdivision 3 of section 14-a of the domestic relations law, as amended by chapter 297 of the laws of 1963, is amended to read as follows: 3. No fee shall be charged for any certificate when required by the [veterans administration] UNITED STATES DEPARTMENT OF VETERANS AFFAIRS or by the division of veterans' [affairs] SERVICES of the state of New York to be used in determining the eligibility of any person to partic- ipate in the benefits made available by the [veterans administration] UNITED STATES DEPARTMENT OF VETERANS AFFAIRS or by the state of New York. § 28. Subdivision 1 of section 19 of the domestic relations law, as amended by chapter 674 of the laws of 1985, is amended to read as follows: 1. Each town and city clerk hereby empowered to issue marriage licenses shall keep a book supplied by the state department of health in which such clerk shall record and index such information as is required therein, which book shall be kept and preserved as a part of the public records of his OR HER office. Whenever an application is made for a search of such records the city or town clerk, excepting the city clerk of the city of New York, may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of five dollars for a search of one year and a further fee of one dollar for the second year for which such search is requested and fifty cents for each addi- tional year thereafter, which fees shall be paid in advance of such search. Whenever an application is made for a search of such records in the city of New York, the city clerk of the city of New York may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of five dollars for a search of one year and a further fee of one dollar for the second year for which search is requested and fifty cents each additional year thereafter. Notwithstand- ing any other provision of this article, no fee shall be charged for any search or certificate when required by the [veterans administration] UNITED STATES DEPARTMENT OF VETERANS AFFAIRS or by the division of veterans' [affairs] SERVICES of the state of New York to be used in determining the eligibility of any person to participate in the benefits made available by the [veterans administration] UNITED STATES DEPARTMENT OF VETERANS AFFAIRS or by the state of New York. All such affidavits, statements and consents, immediately upon the taking or receiving of the S. 1506--C 56 A. 2006--C same by the town or city clerk, shall be recorded and indexed as provided herein and shall be public records and open to public inspection whenever the same may be necessary or required for judicial or other proper purposes. At such times as the commissioner shall direct, the said town or city clerk, excepting the city clerk of the city of New York, shall file in the office of the state department of health the original of each affidavit, statement, consent, order of a justice or judge authorizing immediate solemnization of marriage, license and certificate, filed with or made before such clerk during the preceding month. Such clerk shall not be required to file any of said documents with the state department of health until the license is returned with the certificate showing that the marriage to which they refer has been actually performed. The county clerks of the counties comprising the city of New York shall cause all original applications and original licenses with the marriage solemnization statements thereon heretofore filed with each, and all papers and records and binders relating to such original docu- ments pertaining to marriage licenses issued by said city clerk, in their custody and possession to be removed, transferred, and delivered to the borough offices of the city clerk in each of said counties. § 29. Subdivision 1 of section 3308 of the education law, as added by section 1 of part A of chapter 328 of the laws of 2014, is amended to read as follows: 1. Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local educational agencies and military instal- lations concerning the state's participation in, and compliance with, this compact and interstate commission activities. In New York, the state council shall include the commissioner or his or her designee, the director of the New York state division of veterans' [affairs] SERVICES or his or her designee, the adjutant general of the state of New York or his or her designee, a superintendent of a school district with a high concentration of military children appointed by the commissioner, a district superintendent of schools of a board of cooperative educational services serving an area with a high concentration of military children appointed by the commissioner, a representative from a military instal- lation appointed by the governor, a representative of military families appointed by the governor, a public member appointed by the governor and one representative each appointed by the speaker of the assembly, the temporary president of the senate and the governor. § 30. Subdivision 1 of section 6505-c of the education law, as added by chapter 106 of the laws of 2003, is amended to read as follows: 1. The commissioner shall develop, jointly with the director of the division of veterans' [affairs] SERVICES, a program to facilitate artic- ulation between participation in the military service of the United States or the military service of the state and admission to practice of a profession. The commissioner and the director shall identify, review and evaluate professional training programs offered through either the military service of the United States or the military service of the state which may, where applicable, be accepted by the department as equivalent education and training in lieu of all or part of an approved program. Particular emphasis shall be placed on the identification of military programs which have previously been deemed acceptable by the department as equivalent education and training, programs which may provide, where applicable, equivalent education and training for those professions which are critical to public health and safety and programs S. 1506--C 57 A. 2006--C which may provide, where applicable, equivalent education and training for those professions for which shortages exist in the state of New York. § 31. Paragraph 5 of subdivision (b) of section 5.06 of the mental hygiene law, as added by section 2 of part N of chapter 56 of the laws of 2012, is amended to read as follows: (5) one member appointed on the recommendation of the state director of the division of veterans' [affairs] SERVICES and one member appointed on the recommendation of the adjutant general of the division of mili- tary and naval affairs, at least one of whom shall be a current or former consumer of mental health services or substance use disorder services who is a veteran who has served in a combat theater or combat zone of operations and is a member of a veterans organization; § 31-a. Subdivision (i) of section 19.07 of the mental hygiene law, as added by chapter 358 of the laws of 2013, is amended to read as follows: (i) The office of alcoholism and substance abuse services shall peri- odically, in consultation with the state director of veterans' [affairs] SERVICES: (1) review the programs operated by the office to ensure that the needs of the state's veterans who served in the U.S. armed forces and who are recovering from alcohol and/or substance abuse are being met and to develop improvements to programs to meet such needs; and (2) in collaboration with the state director of veterans' [affairs] SERVICES and the commissioner of the office of mental health, review and make recommendations to improve programs that provide treatment, rehabili- tation, relapse prevention, and recovery services to veterans who have served in a combat theatre or combat zone of operations and have a co-occurring mental health and alcoholism or substance abuse disorder. § 31-b. Subdivision 15 of section 202 of the elder law, as amended by chapter 455 of the laws of 2016, is amended to read as follows: 15. to periodically, in consultation with the state director of veter- ans' [affairs] SERVICES, review the programs operated by the office to ensure that the needs of the state's aging veteran population are being met and to develop improvements to programs to meet such needs; and § 32. Paragraph (j) of subdivision 3 of section 20 of the social services law, as added by chapter 407 of the laws of 2016, is amended to read as follows: (j) to ensure the provision, on any form required to be completed at application or recertification for the purpose of obtaining financial assistance pursuant to this chapter, the form shall contain a check-off question asking whether the applicant or recipient or a member of his or her family served in the United States military, and an option to answer in the affirmative. Where the applicant or recipient answers in the affirmative to such question, the office of temporary and disability assistance shall ensure that contact information for the state division of veterans' [affairs] SERVICES is provided to such applicant or recipi- ent, in addition to any other materials provided. § 33. Paragraph (g) of section 202 of the not-for-profit corporation law, as added by chapter 407 of the laws of 2016, is amended to read as follows: (g) Every corporation receiving any kind of state funding shall ensure the provision on any form required to be completed at application or recertification for the purpose of obtaining financial assistance pursu- ant to this chapter, that the application form shall contain a check-off question asking whether the applicant or recipient or a member of his or her family served in the United States military, and an option to answer in the affirmative. Where the applicant or recipient answers in the S. 1506--C 58 A. 2006--C affirmative to such question, the not-for-profit corporation shall ensure that contact information for the state division of veterans' [affairs] SERVICES is provided to such applicant or recipient in addi- tion to any other materials provided. § 34. Paragraph (b) of section 1401 of the not-for-profit corporation law, as amended by chapter 675 of the laws of 2004, is amended to read as follows: (b) Removal of remains from private cemeteries to other cemeteries. The supervisor of any town containing a private cemetery may remove any body interred in such cemetery to any other cemetery within the town, if the owners of such cemeteries and the next of kin of the deceased consent to such removal. The owners of a private cemetery may remove the bodies interred therein to any other cemetery within such town, or to any cemetery designated by the next of kin of the deceased. Notice of such removal shall be given within twenty days before such removal personally or by certified mail to the next of kin of the deceased if known and to the clerk and historian of the county in which such real property is situated and notice shall be given to the New York state department of state, division of cemeteries. If any of the deceased are known to be veterans, the owners shall also notify the division of veterans' [affairs] SERVICES. In the absence of the next of kin, the county clerk, county historian or the division of veterans' [affairs] SERVICES may act as a guardian to ensure proper reburial. § 35. Subdivision 10 of section 458 of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 10. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. § 36. Subdivision 9 of section 458-a of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 9. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. § 37. Subdivision 8 of section 458-b of the real property tax law, as added by chapter 426 of the laws of 2014, is amended to read as follows: 8. The commissioner shall develop in consultation with the director of the New York state division of veterans' [affairs] SERVICES a listing of documents to be used to establish eligibility under this section, S. 1506--C 59 A. 2006--C including but not limited to a certificate of release or discharge from active duty also known as a DD-214 form or an Honorable Service Certificate/Report of Causality from the department of defense. Such information shall be made available to each county, city, town or village assessor's office, or congressional chartered veterans service officers who request such information. The listing of acceptable mili- tary records shall be made available on the internet websites of the division of veterans' [affairs] SERVICES and the office of real property tax services. § 38. Subdivision 1 of section 20 of chapter 784 of the laws of 1951, constituting the New York state defense emergency act, as amended by section 85 of part A of chapter 62 of the laws of 2011, is amended to read as follows: 1. There is hereby continued in the division of military and naval affairs in the executive department a state civil defense commission to consist of the same members as the members of the disaster preparedness commission as established in article two-B of the executive law. In addition, the superintendent of financial services, the [chairman] CHAIRPERSON of the workers' compensation board and the director of the division of veterans' [affairs] SERVICES shall be members. The governor shall designate one of the members of the commission to be the [chair- man] CHAIRPERSON thereof. The commission may provide for its division into subcommittees and for action by such subcommittees with the same force and effect as action by the full commission. The members of the commission, except for those who serve ex officio, shall be allowed their actual and necessary expenses incurred in the performance of their duties under this article but shall receive no additional compensation for services rendered pursuant to this article. § 39. Paragraph 2 of subdivision b of section 31-102 of the adminis- trative code of the city of New York, as added by local law number 113 of the city of New York for the year 2015, is amended to read as follows: 2. links to websites describing veteran employment services provided by the federal government and New York state government, including, but not limited to, the websites of the United States department of labor, the New York state department of labor, the United States department of veterans affairs, and the New York state division of veterans' [affairs] SERVICES; and § 40. Subdivision a of section 3102 of the New York city charter, as added by local law number 113 of the city of New York for the year 2015, is amended to read as follows: a. Except as otherwise provided by law, the commissioner shall have such powers as provided by the director of the state veterans' service agency and shall have the duty to inform military and naval authorities of the United States and assist members of the armed forces and veter- ans, who are residents of the city, and their families, in relation to: (1) matters pertaining to educational training and retraining services and facilities, (2) health, medical and rehabilitation service and facilities, (3) provisions of federal, state and local laws and regu- lations affording special rights and privileges to members of the armed forces and veterans and their families, (4) employment and re-employment services, and (5) other matters of similar, related or appropriate nature. The commissioner shall also assist families of members of the reserve components of the armed forces and the organized militia ordered into active duty to ensure that they are made aware of and are receiving all appropriate support available to them. The department also shall S. 1506--C 60 A. 2006--C perform such other duties as may be assigned by the state director of the division of veterans' [affairs] SERVICES. § 41. The section heading and subdivision 1 of section 352 of the executive law, as amended by chapter 501 of the laws of 1993, are amended to read as follows: Veterans' [affairs] SERVICES commission. 1. There shall be in the division a veterans' [affairs] SERVICES commission, which shall consist of the members and the ex officio members provided for in this section. § 42. Subdivision 1 of section 359 of the executive law, as amended by chapter 196 of the laws of 2009, is amended to read as follows: 1. A local director shall designate the location of the local and branch offices of the local veterans' service agency within his OR HER jurisdiction, which offices shall be open during convenient hours. The cost of maintenance and operation of a county veterans' service agency shall be a county charge and the cost of maintenance and operation of a city veterans' service agency shall be a city charge, excepting that the state director with the approval of the veterans' [affairs] SERVICES commission shall allot and pay, from state moneys made available to him OR HER for such purposes, to each county veterans' service agency and each city veterans' service agency, an amount equal to fifty per centum of its expenditures for maintenance and operation approved by the state director, provided that in no event shall the amount allotted and paid for such approved expenditures incurred in any given year exceed (1) in the case of any county veterans' service agency in a county having a population of not more than one hundred thousand or in the case of any city veterans' service agency in a city having a population of not more than one hundred thousand, the sum of ten thousand dollars, nor (2) in the case of any county veterans' service agency in a county having a population in excess of one hundred thousand excluding the population of any city therein which has a city veterans' service agency, the sum of ten thousand dollars, and, in addition thereto, the sum of five thousand dollars for each one hundred thousand, or major portion thereof, of the population of the county in excess of one hundred thousand excluding the population of any city therein which has a city veterans' service agen- cy, nor (3) in the case of any city veterans' service agency in a city having a population in excess of one hundred thousand, the sum of ten thousand dollars, and, in addition thereto, the sum of five thousand dollars for each one hundred thousand, or major portion thereof, of the population of the city in excess of one hundred thousand. Such popu- lation shall be certified in the same manner as provided by section fifty-four of the state finance law. § 43. Terms occurring in laws, contracts and other documents. Whenev- er the functions, powers, obligations, duties and officials relating to the division of veterans' affairs, the veterans' affairs commission or the director of veterans' affairs is referred to or designated in any other law, regulation, contract or document, such reference or desig- nation shall be deemed to refer to the appropriate functions, powers, obligations, duties, officials and director of the division of veterans' services or the veterans' services commission, as designated by this act. § 44. Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act. § 45. Severability. If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall S. 1506--C 61 A. 2006--C not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivi- sion, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 46. This act shall take effect immediately; provided, however, that the amendments to paragraph (c) of subdivision 4 of section 369-i of the executive law made by section thirteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART BB Section 1. Subdivisions 2 and 4 and paragraph e of subdivision 5 of section 6456 of the education law, subdivision 2 as added by section 1 of part X of chapter 56 of the laws of 2015, subdivision 4 as amended by section 2 of part V of chapter 56 of the laws of 2018, and paragraph e of subdivision 5 as added by section 1 of part V of chapter 56 of the laws of 2018, are amended to read as follows: 2. For the purposes of this section, "foster youth" shall mean students who [have qualified as] (I) ARE an orphan[, foster child] OR (II) ARE, OR HAVE BEEN, EITHER A CHILD OR YOUTH IN FOSTER CARE AS SUCH TERM IS DEFINED IN SECTION THIRTY-TWO HUNDRED FORTY-FOUR OF THIS CHAPTER or ward of the court [for the purposes of federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended] AT ANY TIME AFTER THEIR THIRTEENTH BIRTHDAY. 4. Funds for all programs under this section shall be awarded in equal amounts per foster youth[, except for students not enrolled in a post- secondary opportunity program,] to each institution that applies for funding allocated to its sector distribution as provided in subdivision three of this section and has an application that is approved by the commissioner; PROVIDED, HOWEVER, FUNDS SHALL BE AWARDED TO A FOSTER YOUTH BASED ON HIS OR HER NEED AS DETERMINED BY THE INSTITUTION OF HIGH- ER EDUCATION WHERE SUCH FOSTER YOUTH IS IN ATTENDANCE. e. to provide supplemental housing and meals for foster youth [not currently enrolled in a post-secondary opportunity program at the state university of New York]. § 2. This act shall take effect immediately. PART CC Section 1. Paragraph h of subdivision 2 of section 355 of the educa- tion law is amended by adding a new subparagraph 3-a to read as follows: (3-A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGULATION, THE STATE UNIVERSITY TRUSTEES SHALL BE AUTHORIZED TO SET A REDUCED RATE OF TUITION AND/OR FEES, OR TO WAIVE TUITION AND/OR FEES ENTIRELY, FOR STUDENTS PARTICIPATING IN ANY DUAL OR CONCURRENT ENROLLMENT PROGRAM WITH NO REDUCTION IN OTHER STATE, LOCAL, OR OTHER SUPPORT FOR SUCH STUDENTS EARNING COLLEGE CREDIT THAT SUCH HIGHER EDUCATION PARTNER WOULD OTHERWISE BE ELIGIBLE TO RECEIVE; PROVIDED THAT, FOR PURPOSES OF THIS PROVISION, A DUAL OR CONCURRENT ENROLLMENT PROGRAM SHALL MEAN ONE OR MORE COLLEGE COURSES TAKEN BY A HIGH SCHOOL STUDENT THROUGH A STATE-OPERATED INSTITUTION WHILE SUCH STUDENT IS STILL ENROLLED IN HIGH SCHOOL OR BOARDS OF COOPERATIVE EDUCA- S. 1506--C 62 A. 2006--C TIONAL SERVICES AND FOR WHICH THE STUDENT MAY RECEIVE BOTH HIGH SCHOOL AND COLLEGE CREDIT. § 2. Section 6303 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGULATION, EACH COMMUNITY COLLEGE, OR THE ENTITY OR ENTITIES RESPONSIBLE FOR SETTING TUITION AT SUCH INSTITUTION, SHALL BE AUTHORIZED TO SET A REDUCED RATE OF TUITION AND/OR FEES, OR TO WAIVE TUITION AND/OR FEES ENTIRELY, FOR STUDENTS PARTICIPATING IN ANY DUAL OR CONCURRENT ENROLLMENT PROGRAM WITH NO REDUCTION IN OTHER STATE, LOCAL, OR OTHER SUPPORT FOR SUCH STUDENTS EARNING COLLEGE CREDIT THAT SUCH HIGHER EDUCATION PARTNER WOULD OTHERWISE BE ELIGIBLE TO RECEIVE; PROVIDED THAT, FOR PURPOSES OF THIS PROVISION, A DUAL OR CONCURRENT ENROLLMENT PROGRAM SHALL MEAN ONE OR MORE COLLEGE COURSES TAKEN BY A HIGH SCHOOL STUDENT THROUGH A COMMUNITY COLLEGE WHILE SUCH STUDENT IS STILL ENROLLED IN HIGH SCHOOL OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND FOR WHICH THE STUDENT MAY RECEIVE BOTH HIGH SCHOOL AND COLLEGE CREDIT. § 3. Subdivision 7 of section 6206 of the education law is amended by adding a new paragraph (e) to read as follows: (E) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGULATION, THE BOARD OF TRUSTEES SHALL BE AUTHORIZED TO SET A REDUCED RATE OF TUITION AND/OR FEES, OR TO WAIVE TUITION AND/OR FEES ENTIRELY, FOR STUDENTS PARTICIPATING IN ANY DUAL OR CONCURRENT ENROLLMENT PROGRAM WITH NO REDUCTION IN OTHER STATE, LOCAL, OR OTHER SUPPORT FOR SUCH STUDENTS EARNING COLLEGE CREDIT THAT SUCH HIGHER EDUCA- TION PARTNER WOULD OTHERWISE BE ELIGIBLE TO RECEIVE; PROVIDED THAT, FOR PURPOSES OF THIS PROVISION, A DUAL OR CONCURRENT ENROLLMENT PROGRAM SHALL MEAN ONE OR MORE COLLEGE COURSES TAKEN BY A HIGH SCHOOL STUDENT THROUGH A COMMUNITY COLLEGE OR A SENIOR COLLEGE OF THE CITY UNIVERSITY WHILE SUCH STUDENT IS STILL ENROLLED IN HIGH SCHOOL AND FOR WHICH THE STUDENT MAY RECEIVE BOTH HIGH SCHOOL AND COLLEGE CREDIT. § 4. This act shall take effect immediately. PART DD Section 1. The civil service law is amended by adding a new section 215 to read as follows: § 215. AGENCY SHOP FEE DEDUCTIONS. 1. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ANY PUBLIC EMPLOYER, ANY EMPLOYEE ORGANIZATION, THE COMP- TROLLER AND THE BOARD, OR ANY OF THEIR EMPLOYEES OR AGENTS, SHALL NOT BE LIABLE FOR, AND SHALL HAVE A COMPLETE DEFENSE TO, ANY CLAIMS OR ACTIONS UNDER THE LAWS OF THIS STATE FOR REQUIRING, DEDUCTING, RECEIVING, OR RETAINING AGENCY SHOP FEE DEDUCTIONS FROM PUBLIC EMPLOYEES, AND CURRENT OR FORMER PUBLIC EMPLOYEES SHALL NOT HAVE STANDING TO PURSUE THESE CLAIMS OR ACTIONS, IF THE FEES WERE PERMITTED OR MANDATED AT THE TIME UNDER THE LAWS OF THIS STATE THEN IN FORCE AND PAID, THROUGH PAYROLL DEDUCTION OR OTHERWISE, PRIOR TO JUNE TWENTY-SEVENTH, TWO THOUSAND EIGH- TEEN. 2. THIS SECTION SHALL APPLY TO CLAIMS AND ACTIONS PENDING OR FILED ON OR AFTER JUNE TWENTY-SEVENTH, TWO THOUSAND EIGHTEEN. 3. THE ENACTMENT OF THIS SECTION SHALL NOT BE INTERPRETED TO CREATE THE INFERENCE THAT ANY RELIEF MADE UNAVAILABLE BY THIS SECTION WOULD OTHERWISE BE AVAILABLE. § 2. This act shall take effect immediately. S. 1506--C 63 A. 2006--C PART EE Section 1. Legislative findings. The legislature finds that the State University of New York at Albany ("University") is in the process of developing 12 neighboring acres on the W. Averell Harriman State Office Building Campus to build the 245,000-square-foot Emerging Technology and Entrepreneurship Complex ("ETEC"). This ETEC development is part of a long-term development strategy of the University as part of the NYSUNY 2020 Challenge Grant Program. ETEC will house the University's College of Emergency Preparedness, Homeland Security and Cybersecurity, the Department of Atmospheric and Environmental Sciences, the Atmospheric Sciences Research Center and other University academic departments, as well as the New York State Mesonet weather-detection system. As part of this effort, the University wishes to lease a portion of the space with- in ETEC to non-New York State entities, including businesses, to enable collaboration, research commercialization, and real world experiential learning opportunities for students. The legislature further finds that granting the trustees of the State University of New York the authority and power to lease and otherwise contract a portion of the ETEC will promote the mission of the new facility to help the state be better prepared for emerging threats of extreme weather and terrorism. § 2. Notwithstanding any other law to the contrary, the state univer- sity trustees are authorized and empowered to delegate to the University the authorization and empowerment to lease or otherwise contract to tenants with interests that are in alignment with the academic and research mission of the University. The University under this authori- zation shall be permitted to lease or otherwise contract up to 15,000 square feet of space and facilities at ETEC, without any public bidding. Any lease or contract of such space and facilities at ETEC may be subject to applicable approvals of the office of the Attorney General and the Office of the State Comptroller for revenue contracts. Such leases or contracts shall be for periods not to exceed 50 years and shall be conditioned upon any terms and conditions determined to be necessary by the state university trustees. § 3. Pursuant to section two of this act, notwithstanding any law, rule or regulation to the contrary, the State University of New York shall not contract out to any lessees or contractors or any subsidiary of such lessees or contractors for the instruction of students or any pedagogical functions or services, maintenance, operation or any admin- istrative services, or similar professional services that will be performed by state employees at the University. All such functions and services shall be performed by state employees pursuant to the civil service law. Nothing in this act shall result in the permanent displace- ment of any currently employed state worker or the loss of position (including partial displacement such as the permanent reduction in the hours of non-overtime, wages or employment benefits), or result in the impairment of existing contracts for services or collective bargaining rights pursuant to existing agreements. All positions currently within the space described in section two of this act in the unclassified or classified service of the civil service law shall remain in the classi- fied or unclassified service. § 4. Any leases entered into by the University pursuant to section two of this act shall be considered revenue contracts of the University and subject to review and approval by the office of the Attorney General and the office of the State Comptroller as required for revenue contracts at S. 1506--C 64 A. 2006--C the time of execution of said leases. All proceeds from said leases shall be deposited into accounts of the University. § 5. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. § 6. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through EE of this act shall be as specifically set forth in the last section of such Parts.
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