The New York State Senate

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

    S. 7506                                                  A. 9506

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

                            January 22, 2020
                               ___________

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 the purchase and loan of text-books; to amend the
  education law, in relation to aid for the purchase of  school  library
  materials; to amend the education law, in relation to the purchase and
  loan of computer software and hardware; to amend the education law, in
  relation  to  boards of cooperative educational services; to amend the
  education law, in relation to the apportionment of  public  moneys  in
  school districts employing eight or more teachers including foundation
  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 conditions under which districts are entitled to
  apportionment; to amend the education  law,  in  relation  to  waiving
  certain  duties  of districts, schools or boards of cooperative educa-
  tional services; to amend the education law, in relation  to  issuance
  of  charters;  to  amend  the education law, in relation to courses of
  instruction in patriotism and  citizenship  and  in  certain  historic
  documents;  to  amend the education law, in relation to instruction in
  the Holocaust in certain schools;  to  amend  the  education  law,  in
  relation  to  moneys  apportioned  to  school districts for commercial
  gaming grants; 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 2020-2021 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 169 of the
  laws of 1994, relating to certain provisions related  to  the  1994-95
  state operations, aid to localities, capital projects and debt service

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-01-0

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  budgets,  in  relation  to the effectiveness thereof; to amend chapter
  147 of the laws of 2001, amending the education law relating to condi-
  tional appointment of school district, charter school or BOCES employ-
  ees, in relation to the effectiveness thereof; to amend chapter 425 of
  the laws of 2002, amending the education law relating to the provision
  of  supplemental  educational  services,  attendance  at a safe public
  school and the suspension of pupils who bring a firearm to or  possess
  a  firearm  at  a school, in relation to the effectiveness thereof; to
  amend chapter 101 of the laws of  2003,  amending  the  education  law
  relating to implementation of the No Child Left Behind Act of 2001, in
  relation  to  the effectiveness thereof; to amend part C of chapter 57
  of the laws of 2004, relating to the support of education, in relation
  to the effectiveness thereof; relates to school bus  driver  training;
  relates  to  special  apportionment  for  salary  expenses  and public
  pension accruals; relates to authorizing the city school  district  of
  the  city of Rochester to purchase certain services; relates to subal-
  locations of appropriations; and relates  to  the  support  of  public
  libraries  (Part A); to amend the education law, in relation to estab-
  lishing the Syracuse Comprehensive Education  and  Workforce  Training
  Center focusing on Science, Technology, Engineering, Arts, and Math to
  provide  instruction to students in the Onondaga, Cortland and Madison
  county BOCES and the central New York region in the areas of  science,
  technology,  engineering, arts and mathematics (Part B); directing the
  commissioner of education to appoint a monitor for the Rochester  city
  school district and establishing the powers and duties of such monitor
  and  certain  other  officers;  and  providing  for the repeal of such
  provisions upon the expiration thereof (Part C); to amend  the  educa-
  tion  law,  in relation to predictable tuition allowing annual tuition
  increase for SUNY and CUNY schools; and to amend chapter  260  of  the
  laws  of 2011, amending the education law and the New York state urban
  development corporation act relating to establishing components of the
  NY-SUNY 2020 challenge grant program, in relation to the effectiveness
  thereof (Part D); to amend the education law, in relation to  adjusted
  gross  income qualification for the excelsior scholarship (Part E); to
  amend the education law, in relation to adjusted gross income caps for
  enhanced tuition awards (Part F); to amend  the  business  corporation
  law,  the  partnership  law  and the limited liability company law, in
  relation to certified public accountants (Part G); to utilize reserves
  in the mortgage insurance fund for various housing purposes (Part  H);
  to amend the emergency tenant protection act of nineteen seventy-four,
  in  relation  to  authorizing a payment offset for rent administration
  costs (Part I); to amend the labor law, in  relation  to  guaranteeing
  sick  leave (Part J); to amend the social services law, in relation to
  increasing the standards of monthly need for aged, blind and  disabled
  persons  living  in  the community (Part K); to amend the family court
  act, in relation to  judgments  of  parentage  of  children  conceived
  through  assisted reproduction or pursuant to surrogacy agreements; to
  amend the domestic relations law, in relation to  restricting  genetic
  surrogate  parenting  contracts;  to  amend  the public health law, in
  relation to voluntary acknowledgments of parentage, gestational surro-
  gacy and regulations concerning ova donation;  to  amend  the  general
  business  law,  the  estates,  powers  and  trusts law, and the social
  services law, in relation to the regulation of surrogacy programs; and
  to repeal section 73 of the domestic relations law, relating to legit-
  imacy of children born by artificial insemination (Part L);  to  amend
  the  social  services  law  and  the  family court act, in relation to

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  compliance with the Federal Family First Prevention Services Act (Part
  M); to amend the social services law,  in  relation  to  restructuring
  financing for residential school placements (Part N); and to amend the
  executive law, in relation to New York state veterans cemeteries (Part
  O)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Enacts into law major components of  legislation  necessary
to  implement  the state education, labor, housing and family assistance
budget for the 2020-2021 state fiscal year.   Each component  is  wholly
contained  within  a Part identified as Parts A through O. The effective
date for each particular provision contained within  such  Part  is  set
forth  in  the  last  section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when  used  in  connection
with that particular component, shall be deemed to mean and refer to the
corresponding  section  of the Part in which it is found.  Section three
of this act sets forth the general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part YYY of chapter 59 of the  laws
of 2019, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
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

S. 7506                             4                            A. 9506

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

S. 7506                             5                            A. 9506

contract  for  excellence  for  the  two thousand nineteen--two thousand
twenty school year which  shall,  notwithstanding  the  requirements  of
subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand eighteen--two thousand nineteen school year; AND
PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A  CONTRACT  FOR
EXCELLENCE  FOR  THE  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR, UNLESS ALL SCHOOLS IN THE  DISTRICT  ARE  IDENTIFIED  AS  IN  GOOD
STANDING,  SHALL  SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO
OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR.  For purposes of this paragraph, the "gap  elimination  adjustment
percentage"  shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for  two
thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten,  making  appropriations  for  the
support  of  government,  plus  the  school  district's  gap elimination
adjustment for two thousand  eleven--two  thousand  twelve  as  computed
pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
making appropriations for the support of the  local  assistance  budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance  budget,  including support for general support for public schools.
Provided, further, that such amount shall be  expended  to  support  and
maintain  allowable programs and activities approved in the two thousand
nine--two thousand ten school year or to support new or expanded  allow-
able programs and activities in the current year.
  §  2.  Section  701 of the education law, as amended by chapter 587 of
the laws of 1973, subdivision 2 as amended by section 1 of  part  A1  of
chapter  58 of the laws of 2011, subdivision 3 as amended by chapter 391
of the laws of 1989, subdivision 4 as amended by chapter 82 of the  laws
of  1995,  subdivision 6 as amended by section 6 of part B of chapter 57
of the laws of 2007, subdivision 7 as amended by section 2 of part A  of
chapter  436  of the laws of 1997, and subdivision 8 as added by chapter
635 of the laws of 1984, is amended to read as follows:
  § 701. Power to designate text-books; purchase and loan of text-books;
purchase of supplies. 1. In the several cities and school  districts  of
the  state,  boards  of  education,  trustees or such body or officer as
perform the functions of such boards, shall designate text-books  to  be
used in the schools under their charge.
  2.  A  text-book, for the purposes of this section shall mean: (i) any
book, or a book substitute, which shall include hard covered  or  paper-
back  books, work books, or manuals and (ii) for expenses incurred after
July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
content-based  instructional  materials in an electronic format, as such
terms are defined in the regulations of the commissioner, which a  pupil
is  required  to  use  as  a text, or a text-substitute, in a particular
class or program in the school he or she legally attends.  For  expenses
incurred  on  or  after July first, two thousand eleven, AND BEFORE JULY
FIRST, TWO THOUSAND NINETEEN, a  text-book  shall  also  mean  items  of
expenditure  that are eligible for an apportionment pursuant to sections

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seven hundred eleven,  seven  hundred  fifty-one  and/or  seven  hundred
fifty-three of this title, where such items are designated by the school
district  as eligible for aid pursuant to this section, provided, howev-
er,  that  if aided pursuant to this section, such expenses shall not be
aidable pursuant to any other section of law.  Expenditures aided pursu-
ant to this section shall not be eligible for aid pursuant to any  other
section  of law. Courseware or other content-based instructional materi-
als in an electronic format  included  in  the  definition  of  textbook
pursuant to this subdivision shall be subject to the same limitations on
content  as  apply  to  books or book substitutes aided pursuant to this
section.
  3. In the several cities and school districts of the state, boards  of
education,  trustees or such body or officers as perform the function of
such boards shall have the power and duty to purchase and to  loan  upon
individual request, textbooks, to all children residing in such district
who  are  enrolled  in  a public school including children attending the
public schools of the district for whom  the  district  is  eligible  to
receive  reimbursement  pursuant  to paragraph a of subdivision eight of
section thirty-two hundred two of this chapter, provided, however,  that
such  children shall not be counted by any other school district, and to
all children residing in such district who are enrolled in  a  nonpublic
school.  Textbooks loaned to children enrolled in said nonpublic schools
shall be textbooks which are designated for use in any public schools of
the state or are approved by any boards of education, trustees or  other
school  authorities.  Such textbooks are to be loaned free to such chil-
dren subject to such rules and regulations as are or may  be  prescribed
by  the board of regents and such boards of education, trustees or other
school authorities. Enrollment shall be as defined in subdivision one of
section thirty-six hundred two of this chapter.
  4. No school district shall  be  required  to  purchase  or  otherwise
acquire textbooks, the cost of which shall exceed an amount equal to the
[apportionment]  TEXTBOOK  FACTOR  pursuant  to  subdivision six of this
section plus a minimum lottery grant determined pursuant to  subdivision
four of section ninety-two-c of the state finance law multiplied by [the
number of children residing in such district and so enrolled in the base
year]  THE  SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH TWELVE
IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX
OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO  OF
THIS CHAPTER; and no school district shall be required to loan textbooks
in excess of the textbooks owned or acquired by such district; provided,
however  that  all textbooks owned or acquired by such district shall be
loaned to children residing in the district and so  enrolled  in  public
and nonpublic schools on an equitable basis.
  5.  In the several cities and school districts of the state, boards of
education, trustees or other school authorities  may  purchase  supplies
and  either  rent,  sell  or  loan  the same to the pupils attending the
public schools in such cities and school districts upon such  terms  and
under  such rules and regulations as may be prescribed by such boards of
education, trustees or other school authorities.
  6. The commissioner, in addition to the annual apportionment of public
monies pursuant to other articles of this chapter, IN THE  TWO  THOUSAND
NINETEEN--TWO  THOUSAND  TWENTY SCHOOL YEAR AND PRIOR shall apportion to
each school district an amount  equal  to  the  cost  of  the  textbooks
purchased  and  loaned  by  the district pursuant to this section in the
base year, but in no case shall the  aid  apportioned  to  the  district
exceed  the product of the textbook factor plus a minimum lottery grant,

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determined pursuant to subdivision four of section ninety-two-c  of  the
state finance law, and the sum of the enrollments in grades kindergarten
through  twelve  in  the  base year calculated pursuant to subparagraphs
four,  five,  and six of paragraph n of subdivision one of section thir-
ty-six hundred two of this chapter. Aid payable pursuant to this section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
  For aid payable in the two thousand seven--two thousand  eight  school
year  [and  thereafter]  THROUGH THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR, the textbook factor shall equal forty-three  dollars
and  twenty-five  cents.   FOR PURPOSES OF DETERMINING LOANS PURSUANT TO
SUBDIVISIONS THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND  TWENTY-
-TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE TEXTBOOK FACTOR
SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS.
  7.  The  apportionment  provided for in this section shall be paid, at
such times as may be determined by the commissioner and approved by  the
director of the budget, during the school year in which the expenditures
are reported to the department prior to such apportionment. Expenditures
by  a  school  district  in excess of the product of the textbook factor
plus a minimum lottery grant determined pursuant to subdivision four  of
section ninety-two-c of the state finance law and the sum of the enroll-
ments  in grades kindergarten through twelve in the base year calculated
pursuant to subparagraphs four, five, and six of paragraph n of subdivi-
sion one of section thirty-six hundred two of this chapter in any school
year shall be deemed approved operating expense of the district for  the
purpose  of  computation  of  state  aid  pursuant to section thirty-six
hundred two of this chapter, but expenditures up to such  product  shall
not be deemed approved operating expenses for such purpose.
  8. In its discretion, a board of education may adopt regulations spec-
ifying the date by which requests for the purchase and loan of textbooks
must  be received by the district. Notice of such date shall be given to
all non-public schools. Such date shall not be earlier  than  the  first
day  of  June  of the school year prior to that for which such textbooks
are being requested, provided, however, that a parent or guardian  of  a
child  not  attending a particular non-public school prior to June first
of the school year may submit a written  request  for  textbooks  within
thirty  days  after such child is enrolled in such non-public school. In
no event however shall a request made later  than  the  times  otherwise
provided  pursuant  to  this  subdivision  be  denied where a reasonable
explanation is given for the delay in making the request.
  § 3. Subdivision 4 of section 711 of the education law, as amended  by
section  4  of  part  C of chapter 58 of the laws of 1998, is amended to
read as follows:
  4. Commencing July first, nineteen hundred ninety eight  THROUGH  JUNE
THIRTIETH,  TWO  THOUSAND  TWENTY,  the commissioner, in addition to the
annual apportionment of public monies pursuant to other articles of this
chapter, shall apportion to each school district an amount equal to  the
cost  of the school library materials purchased by the district pursuant
to this section in the base year, but in no case shall  the  aid  appor-
tioned  to  the  district  exceed  the  product of the library materials
factor and the sum  of  public  school  district  enrollment,  nonpublic
school  enrollment,  and  additional  public  enrollment  as  defined in
subparagraphs two, three, and six of paragraph n of subdivision  one  of
section thirty-six hundred two of this chapter.  Aid payable pursuant to
this section shall be deemed final and not subject to change after April
thirtieth of the school year for which payment was due.

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  §  4.  Subdivision  2 of section 712 of the education law, as added by
chapter 53 of the laws of 1985, is amended to read as follows:
  2. No school district shall be required to loan school library materi-
als  in  excess of the school library materials owned [or], acquired, OR
DESIGNATED by such district pursuant to section seven hundred eleven  of
this  article  PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE
PRODUCT OF THE LIBRARY MATERIALS FACTOR AND THE  SUM  OF  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC
ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N
OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS  CHAPTER.
Such  school  library materials shall be loaned on an equitable basis to
children defined in subdivision three of section seven hundred eleven of
this article attending in the current year. The payment of tuition under
article eighty-nine of this chapter is deemed to be an equitable loan to
children for whom such tuition is paid.
  § 5. Subdivision 4 of section 751 of the education law, as amended  by
section  3  of  part  H of chapter 83 of the laws of 2002, is amended to
read as follows:
  4. The commissioner, in addition to the annual apportionment of public
monies pursuant to other articles of this chapter, IN THE  TWO  THOUSAND
NINETEEN--TWO  THOUSAND  TWENTY SCHOOL YEAR AND PRIOR shall apportion to
each school district an  amount  equal  to  the  cost  of  the  software
programs  purchased by the district pursuant to this section in the base
year, but in no case shall the aid apportioned to  the  district  exceed
the product of the software factor and the sum of public school district
enrollment,  nonpublic  school enrollment, and additional public enroll-
ment as defined in subparagraphs two, three, and six of paragraph  n  of
subdivision one of section thirty-six hundred two of this chapter.
  For aid payable in the nineteen hundred ninety-seven--ninety-eight and
nineteen  hundred  ninety-eight--ninety-nine  school years, the software
factor shall equal four dollars and fifty-eight cents. For  aid  payable
in the nineteen hundred ninety-nine--two thousand school year, the soft-
ware  factor  shall  equal  seven  dollars and fifty-five cents. For aid
payable in the two thousand--two thousand one school year, the  software
factor  shall  equal  fourteen  dollars  and ninety-eight cents. For aid
payable in the two thousand one--two thousand two school year, the soft-
ware factor shall equal twenty-three dollars and ninety cents.  For  aid
payable  in  the  two  thousand  two--two thousand three school year and
thereafter, the software factor shall equal fourteen dollars  and  nine-
ty-eight  cents. The apportionment provided for in this section shall be
paid at such times as may be determined by the commissioner and approved
by the director of the budget. Aid  payable  pursuant  to  this  section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
  §  6. Subdivision 2 of section 752 of the education law, as amended by
chapter 257 of the laws of 1984, is amended to read as follows:
  2. No school district shall be required to loan software  programs  in
excess  of  the software programs owned [or], acquired, OR DESIGNATED by
such district pursuant to section seven hundred fifty-one of this  arti-
cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF
THE  SOFTWARE  FACTOR  AND THE SUM OF PUBLIC SCHOOL DISTRICT ENROLLMENT,
NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED
IN SUBPARAGRAPHS TWO, THREE, AND SIX OF PARAGRAPH N OF  SUBDIVISION  ONE
OF  SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS CHAPTER.   Such software
programs shall be loaned on an equitable basis to  children  defined  in
subdivision  three  of  section  seven hundred fifty-one of this article

S. 7506                             9                            A. 9506

attending in the current year. The  payment  of  tuition  under  article
eighty-nine  of  this chapter is deemed to be an equitable loan to chil-
dren for whom such tuition is paid.
  § 7. Section 753 of the education law, as added by section 7-a of part
B of chapter 57 of the laws of 2007, subdivision 1 as amended by section
4  of  part  A1 of chapter 58 of the laws of 2011, is amended to read as
follows:
  § 753. Instructional computer hardware and technology equipment appor-
tionment. 1. In addition to any other apportionment under this  chapter,
a  school  district  shall  be  eligible  for an apportionment under the
provisions of this section IN THE TWO  THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  SCHOOL YEAR AND PRIOR for approved expenses for (i) the purchase
or lease of micro  and/or  mini  computer  equipment  or  terminals  for
instructional purposes or (ii) technology equipment, as defined in para-
graph  c  of  subdivision  two  of  this section, used for instructional
purposes, or (iii) for the repair of such  equipment  and  training  and
staff development for instructional purposes as provided hereinafter, or
(iv)  for  expenses incurred on or after July first, two thousand eleven
AND BEFORE JULY FIRST, TWO THOUSAND NINETEEN, any items  of  expenditure
that  are  eligible  for  an  apportionment  pursuant  to sections seven
hundred one, seven hundred eleven and/or seven hundred fifty-one of this
title, where such items are designated by the school district as  eligi-
ble  for  aid pursuant to this section, provided, however, that if aided
pursuant to this section, such expenses shall not be aidable pursuant to
any other section of law. Such aid shall be provided pursuant to a  plan
developed  by the district which demonstrates to the satisfaction of the
commissioner that the  instructional  computer  hardware  needs  of  the
district's  public school students have been adequately met and that the
school district has provided for  the  loan  of  instructional  computer
hardware  to  students  legally  attending nonpublic schools pursuant to
section seven hundred fifty-four of this  article.    The  apportionment
shall equal the lesser of such approved expense in the base year or, the
product  of (i) the technology factor, (ii) the sum of the public school
district enrollment and the nonpublic school enrollment in the base year
as defined in subparagraphs two and three of paragraph n of  subdivision
one  of  section  thirty-six  hundred two of this chapter, and (iii) the
building aid ratio, as defined in subdivision four of section thirty-six
hundred two of this chapter. For aid payable in the two thousand  seven-
-two  thousand  eight  school year and thereafter, the technology factor
shall be twenty-four dollars and twenty cents. A school district may use
up to twenty percent of the product of (i) the technology  factor,  (ii)
the  sum  of  the  public  school  district enrollment and the nonpublic
school enrollment in the base year as defined in subparagraphs  two  and
three  of  paragraph  n of subdivision one of section thirty-six hundred
two of this chapter, and (iii) the building aid ratio for the repair  of
instructional  computer  hardware  and technology equipment and training
and staff development for instructional  purposes  pursuant  to  a  plan
submitted to the commissioner.
  2. As used in this article:
  a.  "Current year" shall have the same meaning as that term is defined
in subdivision one of section thirty-six hundred two of this chapter;
  b. "Base year" shall have the same meaning as that term is defined  in
subdivision one of section thirty-six hundred two of this article; and
  c.  "Technology  equipment",  for  the purposes of this article, shall
mean equipment with a useful life used in conjunction with or in support
of educational programs including but not limited to video, solar  ener-

S. 7506                            10                            A. 9506

gy,  robotic,  satellite,  laser and such other equipment as the commis-
sioner shall approve provided that expenses for the purchase or lease of
such equipment shall not be eligible for aid under any other  provisions
of this chapter.
  3.  No  school  district  shall  be  required to purchase or otherwise
acquire instructional computer hardware  or  technology  equipment,  the
cost of which exceeds, FOR THE TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY
SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant to this
section, AND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR  AND THEREAFTER, THE PRODUCT OF (I) THE TECHNOLOGY FACTOR, (II) THE
SUM OF THE PUBLIC SCHOOL DISTRICT ENROLLMENT AND  THE  NONPUBLIC  SCHOOL
ENROLLMENT IN THE BASE YEAR AS DEFINED IN SUBPARAGRAPHS TWO AND THREE OF
PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER, AND (III) THE BUILDING AID RATIO.
  4.  The  apportionment  provided  for in this section shall be paid at
such times as may be determined by the commissioner and approved by  the
director of the budget, during the school year in which the expenditures
are  reported  to  the  department  prior to such apportionment, but not
earlier than the school year after the school year in which expenses are
incurred.
  5. Expenses aided pursuant to this section shall not be  eligible  for
aid pursuant to any other provision of this chapter.
  §  8. Paragraphs a, f, g and h of subdivision 5 of section 1950 of the
education law, paragraph a as amended by section 4 and  paragraph  g  as
amended  by section 5 of part C of chapter 57 of the laws of 2004, para-
graph f as amended by chapter 53 of the laws of 1981, and paragraph h as
added by section 1 of part L of chapter 57 of  the  laws  of  2005,  are
amended to read as follows:
  a. Upon application by a board of cooperative educational services, IN
THE  TWO  THOUSAND  NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR,
there shall be apportioned and paid from state funds to  each  board  of
cooperative educational services an amount which shall be the product of
the  approved  cost  of  services actually incurred during the base year
multiplied by the sharing ratio for cooperative educational services aid
which shall equal the greater of: (i) an amount equal to one  minus  the
quotient  expressed  as  a  decimal  to three places without rounding of
eight mills divided by the tax rate of the local district computed  upon
the  actual  valuation  of  taxable  property, as determined pursuant to
subdivision one of section thirty-six hundred two of  this  chapter  and
notwithstanding  section  three thousand six hundred three, expressed in
mills to the nearest tenth as determined by the commissioner,  provided,
however,  that where services are provided to a school district which is
included within a central high school district  or  to  a  central  high
school  district,  such  amount  shall  equal  one  minus  the  quotient
expressed as a decimal to three places without rounding of  three  mills
divided  by  the  tax rates, expressed in mills to the nearest tenth, of
such districts, as determined by the commissioner or (ii) the aid  ratio
of each school district for the current year, which shall be such compo-
nent  school  district's  board  of cooperative educational services aid
ratio and which shall be not less than thirty-six percent  converted  to
decimals  and  shall  be not more than ninety percent converted to deci-
mals. For the purposes of this paragraph, the  tax  rate  of  the  local
district computed upon the actual valuation of taxable property shall be
the  sum  of  the  amount  of tax raised by the school district plus any
payments in lieu of taxes received by the school  district  pursuant  to
section  four  hundred eighty-five of the real property tax law, divided

S. 7506                            11                            A. 9506

by the actual valuation of the school district, provided,  however  that
the  tax rate for a central high school district shall be the sum of the
amount of tax raised by the  common  and  union  free  school  districts
included  within the central high school district for the support of the
central high school district plus any payments in lieu of taxes received
for the support of the central high school district pursuant to  section
four  hundred  eighty-five  of the real property tax law, divided by the
actual valuation of the central high school district. The tax  rate  for
each  common  or  union  free school district which is included within a
central high school district shall be the sum of the amount  raised  for
the  support  of  such  common  or  union  free school district plus any
payments in lieu of  taxes  received  for  the  support  of  the  school
district  pursuant to section four hundred eighty-five of the real prop-
erty tax law, exclusive of the amount raised for the central high school
district, divided by the actual valuation of such common or  union  free
school district.
  f.  The  sum  of  the  amounts  determined  for  each component school
district as the apportionment to the board  of  cooperative  educational
services  pursuant  to  the provisions of this section shall not be less
than the amount which would have been apportioned  during  the  nineteen
hundred  sixty-seven--sixty-eight  school  year  under the provisions of
this subdivision as in effect on December thirty-first, nineteen hundred
sixty-six to the board of cooperative educational services of which  the
district  was  a component member for which such apportionment was made,
except that such minimum apportionment shall be reduced in any  year  in
which  the  expenditures  of the component district for board of cooper-
ative educational purposes fall below the expenditure on which the nine-
teen hundred sixty-seven--sixty-eight  apportionment  to  the  board  of
cooperative educational services was based, such reduction to be made on
a  proportionate basis, PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NO
LONGER APPLY COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR.
  g. Any payment required by a board of cooperative educational services
to the dormitory authority or any payment required by a board of cooper-
ative educational services to acquire or construct a school facility  of
the  board  of  cooperative  educational  services, and any payments for
rental of facilities by a  board  of  cooperative  educational  services
shall,  for  the purposes of apportionment of public moneys to the board
of cooperative educational services by the state of New York, be  deemed
to be an administrative or capital expense, as designated by the commis-
sioner,  but  the  entire  amount  of  such payment shall be utilized in
making such apportionment and the limitation of ten percent of the total
expenses contained in this subdivision  shall  not  be  applicable.  Any
expense  designated  by  the  commissioner as a capital expense shall be
included in the capital budget of the board of  cooperative  educational
services  and,  except as otherwise provided in this paragraph, shall be
aided in the same manner as an administrative expense, PROVIDED,  HOWEV-
ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND
TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR. Any such payment shall not
be considered part of the total expenses of the board  for  purposes  of
determining  the  administrative and clerical expenses not to exceed ten
percent otherwise eligible for aid  under  this  subdivision,  and  such
payments shall be considered for the purpose of apportionment during the
current  school  year  such  payment is made. The apportionment for such
payments shall be determined by multiplying the amount of  such  payment
allocated  to each component school district in the board of cooperative

S. 7506                            12                            A. 9506

educational services by the aid ratio, and shall be not more than ninety
percent converted to decimals, of each such component computed  pursuant
to  subdivision  three  of  section  thirty-six  hundred two and used to
apportion  aid  to  that district in that current school year; provided,
however, the apportionment for  the  construction,  acquisition,  recon-
struction, rehabilitation, or improvement of board of cooperative educa-
tional services facilities, including payments to the dormitory authori-
ty  and payments under any lease agreement, shall be based upon the cost
of the board of cooperative educational services school  facilities  but
not to exceed the cost allowance set forth in subdivision six of section
thirty-six  hundred  two  of  the  education law and payments for rental
facilities shall be subject to the approval of the commissioner.
  h. Each board of cooperative educational services receiving a  payment
pursuant  to  paragraph  a  of  this  subdivision and section thirty-six
hundred nine-d of this chapter, IN THE TWO THOUSAND NINETEEN--TWO  THOU-
SAND  TWENTY  SCHOOL YEAR AND PRIOR, shall be required to set aside from
such payment an amount not less than the amount of  state  aid  received
pursuant  to  paragraph  a of this subdivision in the base year that was
attributable to cooperative services  agreements  (CO-SERs)  for  career
education,  as  determined by the commissioner, and shall be required to
use such amount to support career  education  programs  in  the  current
year.
  § 9. Subparagraph (ii) of paragraph j of subdivision 1 of section 3602
of  the  education law, as amended by section 11 of part B of chapter 57
of the laws of 2007, is amended and a new paragraph (iii)  is  added  to
read as follows:
  (ii)  For  aid  payable  in  the two thousand eight--two thousand nine
school year THROUGH TWO THOUSAND NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL
YEAR, AND IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
YEAR and thereafter, the total foundation aid base shall equal the total
amount  a  district was eligible to receive in the base year pursuant to
subdivision four of this section.
  (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWEN-
TY-ONE SCHOOL YEAR, THE TOTAL FOUNDATION AID BASE SHALL EQUAL THE SUM OF
  (1)  THE  TOTAL  AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE
YEAR PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, PLUS
  (2) THE TOTAL AMOUNTS SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "2019-20
CLAIMED  BOCES  AID",  "2019-20  ACADEMIC  IMPRVMT AID", "2019-20 CAREER
EDUCATION AID", "2019-20 COMPUTER ADMIN AID", "2019-20 HARDWARE &  TECH-
NOL  AID",  "2019-20  SOFTWARE  AID",  "2019-20  LIBRARY MATERIALS AID",
"2019-20 TEXTBOOK AID", "2019-20  CHRTR  SCH  TRANSTNL  AID",  "ACADEMIC
ENHANCEMENT",  "HIGH  TAX  AID", AND "SUPP PUB EXCESS COST", IN THE DATA
FILE PRODUCED BY THE COMMISSIONER IN SUPPORT  OF  THE  EXECUTIVE  BUDGET
REQUEST FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR
AND ENTITLED "BT202-1".
  §  10.  Paragraph  e of subdivision 4 of section 3602 of the education
law, as amended by section 4 of part YYY of chapter 59 of  the  laws  of
2019, is amended to read as follows:
  e.  Community  schools  aid  set-aside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal to the sum of (i) the amount, if
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

S. 7506                            13                            A. 9506

in  support  of the executive budget request for the two thousand seven-
teen--two thousand eighteen school year and  entitled  "BT171-8",  (iii)
the  amount,  if  any, set forth for such district as "COMMUNITY SCHOOLS
INCREASE"  in  the  data file produced by the commissioner in support of
the executive budget for the two thousand eighteen--two  thousand  nine-
teen  school year and entitled "BT181-9", [and] (iv) the amount, if any,
set forth for such district as "19-20 COMMUNITY  SCHOOLS  INCR"  in  the
data file produced by the commissioner in support of the executive budg-
et  for  the  two thousand nineteen--two thousand twenty school year and
entitled "BT192-0", AND (V) THE AMOUNT,  IF  ANY,  SET  FORTH  FOR  SUCH
DISTRICT  AS "20-21 COMMUNITY SCHOOLS INCR" IN THE DATA FILE PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL  YEAR  AND  ENTITLED  "BT202-1".
Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount
to support the transformation of school buildings into community hubs to
deliver  co-located  or  school-linked  academic, health, mental health,
nutrition, counseling, legal and/or other services to students and their
families, including but not limited to providing a community school site
coordinator, or to support other costs incurred  to  maximize  students'
academic  achievement.  Each  school  district shall use such "COMMUNITY
SCHL INCR" amount to support the transformation of school buildings into
community hubs to deliver co-located or school linked academic,  health,
mental  health  services  and  personnel, after-school programming, dual
language programs, nutrition, counseling, legal and/or other services to
students and their families, including but not limited  to  providing  a
community  school  site  coordinator  and  programs for English language
learners, or to support  other  costs  incurred  to  maximize  students'
academic  achievement,  provided  however  that  a school district whose
"COMMUNITY SCHL INCR" amount exceeds one  million  dollars  ($1,000,000)
shall  use  an amount equal to the greater of one hundred fifty thousand
dollars ($150,000) or ten percent of such "COMMUNITY SCHL  INCR"  amount
to support such transformation at schools with extraordinary high levels
of  student  need  as  identified  by  the  commissioner, subject to the
approval of the director of the budget. Each school district  shall  use
such  "COMMUNITY  SCHOOLS  INCREASE"  to  support  the transformation of
school buildings into community hubs to  deliver  co-located  or  school
linked  academic,  health,  mental health services and personnel, after-
school programming, dual language programs, nutrition, counseling, legal
and/or other services to students and their families, including but  not
limited  to  providing  a community school site coordinator and programs
for English language learners, or to support  other  costs  incurred  to
maximize  students' academic achievement. Each school district shall use
such "19-20 COMMUNITY SCHOOLS INCR" to  support  the  transformation  of
school  buildings  into  community  hubs to deliver co-located or school
linked academic, health, mental health services  and  personnel,  after-
school  programming,  dual language programs, nutrition, trauma informed
support, counseling, legal and/or other services to students  and  their
families, including but not limited to providing a community school site
coordinator  and  programs  for English language learners, or to support
other costs incurred to maximize students' academic achievement.    EACH
SCHOOL DISTRICT SHALL USE SUCH "20-21 COMMUNITY SCHOOLS INCR" TO SUPPORT
THE  TRANSFORMATION  OF  SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER
CO-LOCATED OR SCHOOL LINKED ACADEMIC, HEALTH, MENTAL HEALTH SERVICES AND
PERSONNEL, AFTER-SCHOOL PROGRAMMING, DUAL LANGUAGE PROGRAMS,  NUTRITION,
TRAUMA  INFORMED  SUPPORT,  COUNSELING,  LEGAL  AND/OR OTHER SERVICES TO
STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED  TO  PROVIDING  A

S. 7506                            14                            A. 9506

COMMUNITY  SCHOOL  SITE  COORDINATOR  AND  PROGRAMS FOR ENGLISH LANGUAGE
LEARNERS.
  § 11. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
  H.  FOUNDATION  AID  PAYABLE  IN THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR. NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE
CONTRARY,  FOUNDATION  AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE SCHOOL YEAR SHALL EQUAL THE SUM OF (1) ADJUSTED  FOUNDA-
TION  AID AS DEFINED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH PLUS (2) THE
GREATER OF TIERS A THROUGH E PLUS (3)  THE  COMMUNITY  SCHOOLS  SETASIDE
INCREASE.
  FOR  THE  PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID REMAINING" SHALL
MEAN THE POSITIVE DIFFERENCE,  IF  ANY,  OF  (1)  TOTAL  FOUNDATION  AID
COMPUTED  PURSUANT TO THIS SUBDIVISION LESS (2) THE TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J OF  SUBDIVI-
SION ONE OF THIS SECTION.
  FOR THE PURPOSES OF THIS PARAGRAPH:
  (I)  "TIER  A" SHALL EQUAL THE PRODUCT OF THE FOUNDATION AID REMAINING
MULTIPLIED BY (A) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF ONE MILLION OR MORE, TWENTY-SIX THOUSAND  THREE  HUNDRED  SIXTY-SEVEN
ONE  HUNDRED-THOUSANDTHS  (0.26367),  (B)  FOR  CITY SCHOOL DISTRICTS IN
CITIES WITH POPULATIONS GREATER THAN ONE HUNDRED AND  TWENTY-FIVE  THOU-
SAND  BUT LESS THAN ONE MILLION, EIGHTEEN ONE-HUNDREDTHS (0.18), AND (C)
FOR ALL OTHER DISTRICTS, FOUR ONE-HUNDREDTHS (0.04).
  (II) "TIER B" SHALL EQUAL THE PRODUCT OF THE FOUNDATION AID  REMAINING
MULTIPLIED  BY  THE  TIER  B PHASE-IN FACTOR, WHERE THE "TIER B PHASE-IN
FACTOR" SHALL EQUAL THE PRODUCT OF NINE ONE-HUNDREDTHS (0.09) MULTIPLIED
BY THE TIER B SCALED FACTOR, AND WHERE THE "TIER B SCALED FACTOR"  SHALL
EQUAL THE DIFFERENCE OF ONE LESS THE SQUARED PRODUCT OF THE PUPIL WEALTH
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  A OF SUBDIVISION THREE OF THIS
SECTION MULTIPLIED BY SIXTY-FOUR ONE-HUNDREDTHS  (0.64),  PROVIDED  THAT
SUCH DIFFERENCE SHALL BE NO GREATER THAN NINE TENTHS (0.9) NOR LESS THAN
ZERO.
  (III) "TIER C" SHALL EQUAL, FOR SCHOOL DISTRICTS WITH A MODIFIED FREE-
AND  REDUCED-PRICE LUNCH INDEX OF ONE AND ONE-HALF (1.5) OR GREATER, THE
PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT  AS  COMPUTED  PURSUANT  TO
PARAGRAPH  N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR MULTI-
PLIED BY THE TIER C PER PUPIL AMOUNT, WHERE "TIER C  PER  PUPIL  AMOUNT"
SHALL EQUAL THE PRODUCT OF (A) ONE HUNDRED FORTY-EIGHT DOLLARS AND EIGH-
TEEN  CENTS ($148.18) MULTIPLIED BY (B) THE REGIONAL COST INDEX COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH A OF THIS SUBDIVISION FOR SUCH
SCHOOL DISTRICT MULTIPLIED BY (C) THE MODIFIED  FREE  AND  REDUCED-PRICE
LUNCH  INDEX MULTIPLIED BY (D) THE DIFFERENCE OF TWO LESS THE PRODUCT OF
ONE AND ONE-HALF (1.5) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL
FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH  C  OF
SUBDIVISION  THREE  OF THIS SECTION, PROVIDED THAT SUCH DIFFERENCE SHALL
BE NO GREATER THAN NINE TENTHS (0.9) NOR LESS THAN ZERO, AND  WHERE  THE
"MODIFIED  FREE  AND REDUCED-PRICE LUNCH INDEX" SHALL EQUAL THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE THREE YEAR AVERAGE FREE  AND  REDUCED-PRICE
LUNCH  PERCENT  FOR THE CURRENT YEAR COMPUTED PURSUANT TO PARAGRAPH P OF
SUBDIVISION ONE OF THIS SECTION OF THE SCHOOL DISTRICT BY THE  STATEWIDE
AVERAGE  OF  SUCH  PERCENT  EXCLUDING ANY CITY SCHOOL DISTRICT IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
  (IV) "TIER D" SHALL EQUAL THE PRODUCT OF THE EXTRAORDINARY NEEDS COUNT
COMPUTED PURSUANT TO PARAGRAPH S OF  SUBDIVISION  ONE  OF  THIS  SECTION
MULTIPLIED  BY  THE  TIER  D  PER  PUPIL AMOUNT, WHERE "TIER D PER PUPIL

S. 7506                            15                            A. 9506

AMOUNT" SHALL EQUAL THE PRODUCT OF (A) TWO HUNDRED FIVE  DOLLARS  ($205)
MULTIPLIED  BY  (B)  THE  SUM  OF  ONE PLUS THE SPARSITY FACTOR COMPUTED
PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY
(C)  THE  EXTRAORDINARY  NEEDS INDEX MULTIPLIED BY (D) THE TIER D SCALED
FACTOR, WHERE THE "EXTRAORDINARY NEEDS INDEX" SHALL EQUAL  THE  QUOTIENT
OF THE EXTRAORDINARY NEEDS PERCENT FOR THE DISTRICT COMPUTED PURSUANT TO
PARAGRAPH  W OF SUBDIVISION ONE OF THIS SECTION DIVIDED BY THE STATEWIDE
AVERAGE OF SUCH PERCENT, AND WHERE THE  "TIER  D  SCALED  FACTOR"  SHALL
EQUAL  THE DIFFERENCE OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) LESS
THE SQUARED PRODUCT OF THE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARA-
GRAPH A OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY ONE AND TWEN-
TY-FOUR ONE-HUNDREDTHS (1.24), PROVIDED THAT SUCH TIER D  SCALED  FACTOR
SHALL NOT BE LESS THAN ZERO NOR MORE THAN ONE.
  (V) "TIER E" SHALL EQUAL THE GREATER OF THE DUE MINIMUM OR THE DIFFER-
ENCE  OF  THE  DUE  MINIMUM  LESS THE HOLD HARMLESS, WHERE "DUE MINIMUM"
SHALL EQUAL THE PRODUCT OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO SUBPARAGRAPH (III) OF PARAGRAPH J  OF  SUBDIVISION  ONE  OF  THIS
SECTION  MULTIPLIED  BY  TWENTY-FIVE TEN-THOUSANDTHS (0.0025), AND WHERE
THE "HOLD HARMLESS" SHALL EQUAL ADJUSTED FOUNDATION AID LESS  THE  TOTAL
FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
J OF SUBDIVISION ONE OF THIS SECTION.
  (VI) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
"ADJUSTED  FOUNDATION  AID" SHALL EQUAL THE SUM OF THE TOTAL AMOUNTS SET
FORTH FOR SUCH SCHOOL DISTRICT AS  "FOUNDATION  AID  PER-ADJ",  "2020-21
EST. BOCES AID", "2020-21 COMPUTER ADMIN AID", "2020-21 CAREER EDUCATION
AID", "2020-21 ACADEMIC IMPROVMT AID", "2020-21 HARDWARE & TECHNOL AID",
"2020-21  SOFTWARE AID", "2020-21 LIBRARY MATERIALS AID", "2020-21 TEXT-
BOOK AID", "2020-21  TRANSITIONAL  AID  FOR  CHARTER  SCHOOL  PAYMENTS",
"ACADEMIC  ENHANCEMENT",  "HIGH  TAX AID", AND "SUPP PUB EXCESS COST" IN
THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECUTIVE
BUDGET  REQUEST  FOR  THE  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR AND ENTITLED "BT202-1".
  (VII) "COMMUNITY SCHOOLS SETASIDE INCREASE" SHALL EQUAL THE SUM OF THE
COMMUNITY SCHOOLS TIER 1 INCREASE  AND  THE  COMMUNITY  SCHOOLS  TIER  2
INCREASE,  WHERE  (A) THE COMMUNITY SCHOOLS TIER 1 INCREASE SHALL EQUAL,
FOR ELIGIBLE SCHOOL DISTRICTS, THE GREATER OF  THIRTY  THOUSAND  DOLLARS
($30,000)  OR  THE  PRODUCT  OF  (1)  SIXTY-SIX  DOLLARS  AND FIVE CENTS
($66.05) MULTIPLIED BY (2) THE  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  AS
COMPUTED  PURSUANT  TO  PARAGRAPH  N  OF SUBDIVISION ONE OF THIS SECTION
MULTIPLIED BY (3) THE COMMUNITY  SCHOOLS  SETASIDE  RATIO  AND  (B)  THE
COMMUNITY  SCHOOLS  TIER  2  INCREASE  SHALL  EQUAL, FOR ELIGIBLE SCHOOL
DISTRICTS, THE GREATER OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) OR  THE
PRODUCT OF (1) FORTY-THREE DOLLARS AND NINETY-FOUR CENTS ($43.94) MULTI-
PLIED  BY (2) THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (3)  THE
COMMUNITY  SCHOOLS  SETASIDE  RATIO.  PROVIDED  FURTHER,  THE "COMMUNITY
SCHOOLS SETASIDE RATIO" SHALL EQUAL THE DIFFERENCE OF ONE LESS THE PROD-
UCT OF THE COMBINED WEALTH  RATIO  FOR  TOTAL  FOUNDATION  AID  COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS
SECTION  MULTIPLIED  BY  SIXTY-FOUR ONE-HUNDREDTHS (0.64), PROVIDED THAT
SUCH DIFFERENCE SHALL NOT BE GREATER THAN NINE  TENTHS  (0.9)  NOR  LESS
THAN ZERO.
  FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
TY  SCHOOLS TIER 1 INCREASE SHALL BE (A) THOSE DISTRICTS THAT CONTAIN AT
LEAST ONE SCHOOL IDENTIFIED AS A  COMPREHENSIVE  SUPPORT  &  IMPROVEMENT
(CSI)  SCHOOL IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL

S. 7506                            16                            A. 9506

YEAR, OR (B) DISTRICTS WHERE (1) THE DIFFERENCE OF THE QUOTIENT  OF  THE
ENGLISH  LANGUAGE  LEARNER  COUNT  COMPUTED  PURSUANT  TO PARAGRAPH O OF
SUBDIVISION ONE OF THIS SECTION FOR THE  BASE  YEAR  DIVIDED  BY  PUBLIC
SCHOOL  DISTRICT ENROLLMENT FOR THE BASE YEAR LESS SUCH QUOTIENT FOR THE
SCHOOL YEAR FIVE YEARS PRIOR TO THE BASE YEAR IS GREATER THAN  OR  EQUAL
TO  THE  STATEWIDE  AVERAGE OF THE DIFFERENCE OF SUCH QUOTIENTS, AND (2)
WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER
COUNT FOR THE BASE YEAR BY PUBLIC SCHOOL  DISTRICT  ENROLLMENT  FOR  THE
BASE  YEAR  IS  GREATER  THAN  OR EQUAL TO THE STATEWIDE AVERAGE OF SUCH
QUOTIENT, AND (3) WHERE THE COMBINED WEALTH RATIO FOR  TOTAL  FOUNDATION
AID  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
THREE OF THIS SECTION IS LESS THAN OR EQUAL TO ONE (1.0).
  FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
TY SCHOOLS TIER 2 INCREASE SHALL BE THOSE THAT  DID  NOT  RECEIVE  FUNDS
UNDER  THE COMMUNITY SCHOOLS SETASIDE FOR THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, ARE NOT ELIGIBLE FOR THE COMMUNITY  SCHOOLS
TIER  1  INCREASE, AND HAVE A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF  SUBDIVISION
THREE  OF  THIS SECTION LESS THAN OR EQUAL TO EIGHTY-FOUR ONE-HUNDREDTHS
(0.84).
  § 12. Paragraph a of subdivision 10 of section 3602 of  the  education
law,  as  amended  by  section 32 of part H of chapter 83 of the laws of
2002 and such subdivision as renumbered by section 16 of part B of chap-
ter 57 of the laws of 2007, is amended to read as follows:
  a. [The] IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
AND PRIOR, THE city school districts of those cities having  populations
in  excess  of  one  hundred  twenty-five  thousand and any other school
district which was not a component of a board of cooperative educational
services in the base year shall be entitled to  an  apportionment  under
the provisions of this section.
  §  13.  The opening paragraph of subdivision 41 of section 3602 of the
education law, as amended by section 20 of part B of chapter 57  of  the
laws of 2008, is amended to read as follows:
  In addition to any other apportionment under this section, for the two
thousand  seven--two thousand eight school year [and thereafter] THROUGH
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL  YEAR,  a  school
district other than a city school district in a city having a population
of  one  million  or  more  shall be eligible for an apportionment in an
amount equal to the sum of
  § 14. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph c-1 to read as follows:
  C-1. FOR THE PURPOSES OF  THIS  CHAPTER,  "BOCES  PAYMENT  ADJUSTMENT"
SHALL  MEAN  THE  TOTAL  AMOUNT  SET  FORTH  FOR SUCH SCHOOL DISTRICT AS
"2020-21 EST. BOCES AID" IN THE DATA FILE PRODUCED BY  THE  COMMISSIONER
IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-
-TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND  ENTITLED  "BT202-1".  NOTWITH-
STANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, OF THE TOTAL
APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE BOCES
PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-SIX  HUNDRED
NINE-D OF THIS CHAPTER.
  § 15. The opening paragraph of section 3609-d of the education law, as
amended  by  section  20 of part L of chapter 57 of the laws of 2005, is
amended to read as follows:
  Notwithstanding the provisions of section thirty-six hundred nine-a of
this article, FOR SCHOOL YEARS PRIOR TO  THE  TWO  THOUSAND  TWENTY--TWO

S. 7506                            17                            A. 9506

THOUSAND  TWENTY-ONE  SCHOOL  YEAR,  apportionments  payable pursuant to
section nineteen hundred fifty of this chapter shall be paid pursuant to
this section. For aid payable in the  two  thousand  four--two  thousand
five  school  year  [and  thereafter] THROUGH TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, "moneys apportioned" shall mean the  lesser
of  (i)  one hundred percent of the respective amount set forth for each
school district as payable pursuant to this section in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
including the appropriation for support of boards of cooperative  educa-
tional  services  for  payments due prior to April first for the current
year, or (ii) the apportionment calculated by the commissioner based  on
data  on  file  at  the time the payment is processed; provided however,
that for the purposes of any payment to be made in the month of June  of
two  thousand  six  such  calculation  shall  be based on the school aid
computer listing for the current year using updated data at the time  of
each  payment. For districts subject to chapter five hundred sixty-three
of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two
thousand forty of this chapter, for aid  payable  in  the  two  thousand
four--two thousand five school year and thereafter, "moneys apportioned"
shall  mean  the  apportionment  calculated by the commissioner based on
data on file at the time the payment is processed.  NOTWITHSTANDING  THE
PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, FOR THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER,
APPORTIONMENTS  PAYABLE PURSUANT TO PARAGRAPH C-1 OF SUBDIVISION FOUR OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SHALL BE PAID PURSUANT TO
THIS SECTION. The "school aid computer listing  for  the  current  year"
shall  be  as  defined  in  the  opening paragraph of section thirty-six
hundred nine-a of  this  article.    The  definitions  "base  year"  and
"current  year"  as  set  forth in subdivision one of section thirty-six
hundred two of this article shall apply to this section.
  § 16. Subparagraph 2 of paragraph a of subdivision 6 of  section  3602
of the education law, as amended by section 5 of part A of chapter 60 of
the laws of 2000, is amended to read as follows:
  (2)  Where a school district has expenditures for site purchase, grad-
ing or improvement of the site, original furnishings, equipment, machin-
ery or apparatus, or professional fees, or other incidental  costs,  the
cost allowances for new construction and the purchase of existing struc-
tures  may be increased by the actual expenditures for such purposes but
by not more than the product of the  applicable  cost  allowance  estab-
lished  pursuant  to  subparagraph  one of this paragraph and twenty per
centum for school buildings or additions housing grades  prekindergarten
through  six and by not more than the product of such cost allowance and
twenty-five per centum for school buildings or additions housing  grades
seven  through  twelve  and  by  not  more than the product of such cost
allowance and twenty-five per centum for school buildings  or  additions
housing  special  education  programs  as  approved by the commissioner,
PROVIDED THAT COMMENCING WITH PROJECTS APPROVED ON OR AFTER JULY  FIRST,
TWO THOUSAND TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
OF  EDUCATION  OF  A  CITY  SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR  THE  CHANCELLOR  IN  A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, THE AMOUNT OF THE COST ALLOWANCE THAT IS INCREASED BY THIS SUBPAR-
AGRAPH MAY NOT BE USED FOR SPACE THAT  THE  COMMISSIONER  DEEMS  AS  NOT
CRITICAL  TO  THE  INSTRUCTIONAL  PROGRAM,  THE PROTECTION OF HEALTH AND
SAFETY, OR OTHER APPROPRIATE USE OF THE FACILITIES, AS DEFINED IN  REGU-
LATIONS  OF  THE  COMMISSIONER,  INCLUDING  BUT  NOT LIMITED TO ATHLETIC

S. 7506                            18                            A. 9506

FACILITIES THAT EXCEED  THE  REQUIREMENTS  NECESSARY  FOR  THE  PHYSICAL
EDUCATION PROGRAM.
  § 17. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6 of
section  3602 of the education law, as amended by section 12-a of part L
of chapter 57 of the laws of 2005, is amended to read as follows:
  (ii) Apportionment. The apportionment pursuant  to  this  subparagraph
shall equal the product of such eligible approved expenses determined in
accordance  with  the  provisions of clause (i) of this subparagraph and
this section and the incentive decimal computed for use in the  year  in
which  the  project  was approved. The incentive decimal shall equal (A)
FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND  TWENTY  BY  THE
VOTERS  OF  THE  SCHOOL  DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, the positive  remainder
resulting  when  the  district's building aid ratio selected pursuant to
paragraph c of this subdivision is subtracted from the enhanced building
aid ratio[. The]; AND (B) FOR PROJECTS APPROVED ON OR AFTER JULY  FIRST,
TWO THOUSAND TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
OF  EDUCATION  OF  A  CITY  SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR  THE  CHANCELLOR  IN  A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE THE POSITIVE REMAINDER RESULTING WHEN THE DISTRICT'S  CURRENT  YEAR
BUILDING  AID  RATIO PURSUANT TO CLAUSE (D) OF SUBPARAGRAPH TWO OF PARA-
GRAPH C OF THIS SUBDIVISION IS SUBTRACTED FROM THE ENHANCED BUILDING AID
RATIO. FOR PURPOSES OF THIS CLAUSE,  THE  enhanced  building  aid  ratio
shall  equal (A) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO THOUSAND
TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION
OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE  HUNDRED  TWENTY-
FIVE  THOUSAND  INHABITANTS,  AND/OR  THE  CHANCELLOR  IN  A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE,  the  sum
of  the building aid ratio selected for use in the current year pursuant
to paragraph c of this subdivision  and  one-tenth,  computed  to  three
decimals without rounding, but not more than (a) ninety-eight hundredths
for  a  high need school district, as defined pursuant to regulations of
the commissioner, for all  school  building  projects  approved  by  the
voters  of  the  school  district or by the board of education of a city
school district in a city with more than one hundred  twenty-five  thou-
sand  inhabitants,  and/or the chancellor in a city school district in a
city having a population of one million or more, on or after July first,
two thousand five, or (b) ninety-five hundredths for  any  other  school
building  project  or  school district, nor less than one-tenth; AND (B)
FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY BY THE
VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF  EDUCATION  OF  A  CITY
SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT  IN  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE SUM OF THE BUILDING
AID  RATIO  FOR  THE CURRENT YEAR PURSUANT TO CLAUSE (D) OF SUBPARAGRAPH
TWO OF PARAGRAPH C OF THIS SUBDIVISION  AND  SCALED  INCENTIVE  DECIMAL,
COMPUTED  TO  THREE  DECIMALS  WITHOUT  ROUNDING, BUT NOT MORE THAN, (A)
NINETY-EIGHT HUNDREDTHS FOR A HIGH  NEED  SCHOOL  DISTRICT,  AS  DEFINED
PURSUANT  TO REGULATIONS OF THE COMMISSIONER AND USED FOR THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
BUDGET  FOR  THE  TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND
ENTITLED "SA0708", FOR ALL SCHOOL  BUILDING  PROJECTS  APPROVED  BY  THE
VOTERS  OF  THE  SCHOOL  DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY

S. 7506                            19                            A. 9506

SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON OR AFTER JULY FIRST,
TWO  THOUSAND  FIVE,  OR (B) NINETY-FIVE HUNDREDTHS FOR ANY OTHER SCHOOL
BUILDING PROJECT OR SCHOOL DISTRICT. FOR PURPOSES OF  THIS  CLAUSE,  THE
SCALED  INCENTIVE  DECIMAL  SHALL  EQUAL  (A)  ONE-TENTH FOR A HIGH NEED
SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGULATIONS OF THE  COMMISSIONER
AND USED FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSION-
ER  IN  SUPPORT  OF  THE  ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO
THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL  BUILD-
ING  PROJECTS  APPROVED  BY  THE VOTERS OF THE SCHOOL DISTRICT OR BY THE
BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY  WITH  MORE  THAN
ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, ON OR AFTER JULY FIRST, TWO THOUSAND FIVE OR (B)  THE  PRODUCT  OF
ONE-TENTH  MULTIPLIED  BY  THE  STATE SHARING RATIO COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION FOR  ALL  OTHER  SCHOOL
DISTRICTS.
  § 18. Clauses (b) and (c) of subparagraph 2 of paragraph c of subdivi-
sion  6  of  section 3602 of the education law, clause (b) as amended by
section 15 of part B chapter 57 of the laws of 2008, and clause  (c)  as
added  by  section 12-b of part L of chapter 57 of the laws of 2005, are
amended and a new clause (d) is added to read as follows:
  (b) For aid payable in the school years two thousand--two thousand one
and thereafter for all school building projects approved by  the  voters
of  the  school  district  or by the board of education of a city school
district in a city with  more  than  one  hundred  twenty-five  thousand
inhabitants,  and/or  the chancellor in a city school district in a city
having a population of one million or more, on or after July first,  two
thousand,  AND  PRIOR  TO  JULY  FIRST,  TWO THOUSAND TWENTY, any school
district shall compute aid under  the  provisions  of  this  subdivision
using  the sum of the high-need supplemental building aid ratio, if any,
computed pursuant to clause (c) of this subparagraph and the greater  of
(i) the building aid ratio computed for use in the current year; or (ii)
a  building  aid ratio equal to the difference of the aid ratio that was
used or that would have been used to compute an  apportionment  pursuant
to  this  subdivision  in the nineteen hundred ninety-nine--two thousand
school year as such aid ratio is computed by the commissioner  based  on
data  on  file  with the department on or before July first of the third
school year following the school year in which  aid  is  first  payable,
less  one-tenth; or (iii) for all such school building projects approved
by the voters of the school district or by the board of education  of  a
city  school  district  in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or  more,  on  or  after  July
first,  two thousand and on or before June thirtieth, two thousand four,
for any school district for which the pupil wealth ratio is greater than
two and five-tenths in the school year in  which  such  school  building
project  was  approved  by  the  voters of the school district or by the
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

S. 7506                            20                            A. 9506

hundred twenty-five thousand inhabitants, and/or  the  chancellor  in  a
city  school  district  in  a city having a population of one million or
more, on or after July first, two thousand five and on  or  before  June
thirtieth,  two  thousand  eight,  for any school district for which the
pupil wealth ratio was greater than two and five-tenths in the two thou-
sand--two thousand one school year and for  which  the  alternate  pupil
wealth  ratio was less than eighty-five hundredths in the two thousand--
two thousand  one  school  year,  the  additional  building  aid  ratio;
provided that, school districts who are eligible for aid under paragraph
f  of  subdivision  fourteen  of  this section may compute aid under the
provisions of this subdivision using the difference of  the  highest  of
the  aid  ratios so computed for the reorganized district or the highest
of the aid ratios so computed for any of the individual school districts
which existed prior to the date of the reorganized school district  less
one-tenth.
  (c)  For  aid payable in the school years two thousand five--two thou-
sand six and thereafter for all school building projects approved by the
voters of the school district or by the board of  education  of  a  city
school  district  in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in city  school  district  in  a
city having a population of one million or more, on or after July first,
two  thousand  five,  AND PRIOR TO JULY FIRST, TWO THOUSAND TWENTY, high
need school districts, as defined pursuant to regulations of the commis-
sioner, may compute aid under the provisions of this  subdivision  using
the high-need supplemental building aid ratio, which shall be the lesser
of  (A) the product, computed to three decimals without rounding, of the
greater of the building aid ratios computed pursuant to subclauses i, ii
and iii of clause (b) of this subparagraph multiplied by  five  percent,
or  (B)  the  positive remainder of ninety-eight one-hundredths less the
greater of the building aid ratios computed pursuant to subclauses i, ii
and iii of clause (b) of this subparagraph.
  (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO  THOUSAND  TWENTY-ONE--TWO
THOUSAND  TWENTY-TWO  AND  THEREAFTER  FOR  ALL SCHOOL BUILDING PROJECTS
APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF  EDUCA-
TION  OF  A  CITY  SCHOOL  DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED
TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION  OR  MORE,  ON  OR
AFTER JULY FIRST, TWO THOUSAND TWENTY, ANY SCHOOL DISTRICT SHALL COMPUTE
AID  UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE HIGH-
NEED SUPPLEMENTAL BUILDING AID  RATIO,  IF  ANY,  COMPUTED  PURSUANT  TO
CLAUSE  (C) OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR
USE IN THE CURRENT YEAR, PROVIDED THAT SUCH SUM SHALL NOT BE  LESS  THAN
FIVE PERCENT; FURTHER PROVIDED THAT, SCHOOL DISTRICTS WHICH ARE ELIGIBLE
FOR  AID  UNDER  PARAGRAPH F OF SUBDIVISION FOURTEEN OF THIS SECTION MAY
COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING  THE  DIFFER-
ENCE  OF  THE  HIGHEST OF THE AID RATIOS SO COMPUTED FOR THE REORGANIZED
DISTRICT OR THE HIGHEST OF THE AID RATIOS SO COMPUTED  FOR  ANY  OF  THE
INDIVIDUAL SCHOOL DISTRICTS WHICH EXISTED PRIOR TO THE DATE OF THE REOR-
GANIZED SCHOOL DISTRICT.
  §  19.  Paragraph  x of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  x.  (1)  "Enrollment  index"  shall be computed by dividing the public
school enrollment for the current year by public school  enrollment  for
the  base year, both as defined in paragraph n of this subdivision, with
the result carried to three places without rounding.

S. 7506                            21                            A. 9506

  (2) "FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC ENROLLMENT  INDEX"  SHALL  BE
COMPUTED BY DIVIDING BY FIVE THE RESULT OBTAINED BY SUBTRACTING ONE FROM
THE  QUOTIENT  ARRIVED  AT  WHEN DIVIDING THE SUM OF THE RESIDENT PUBLIC
SCHOOL DISTRICT ENROLLMENT PLUS THE RESIDENT NONPUBLIC  SCHOOL  DISTRICT
ENROLLMENT,  BOTH AS DEFINED IN PARAGRAPH N OF THIS SUBDIVISION, FOR THE
SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, BY THE SUM OF SUCH ENROLL-
MENTS FOR THE SCHOOL YEAR SEVEN YEARS PRIOR TO THE BASE YEAR,  WITH  THE
RESULT CARRIED TO THREE PLACES WITHOUT ROUNDING.
  § 20. Subdivision 3 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
  H.  INFLATION-ENROLLMENT  INDEX.  FOR THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE INFLATION-ENROLLMENT
INDEX SHALL EQUAL THE GREATER OF (1) THE CONSUMER PRICE  INDEX  COMPUTED
PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION, (2) THE SUM
OF THE CONSUMER PRICE INDEX PLUS THE FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC
ENROLLMENT  INDEX  COMPUTED PURSUANT TO PARAGRAPH X OF THIS SUBDIVISION,
OR (3) ZERO.
  § 21. Paragraphs a and b of subdivision  7  of  section  3602  of  the
education  law,  as amended by section 17 of part B of chapter 57 of the
laws of 2007, are amended to read as follows:
  a. In addition to the foregoing apportionment, there shall  be  appor-
tioned  to  any  school district for pupil transportation, the lesser of
ninety per centum or the state  share  of  its  approved  transportation
expense  for  the  base year. The state share shall equal the sum of the
transportation sparsity adjustment and the transportation aid ratio, but
not less than six and one-half percent.  The  transportation  aid  ratio
shall  equal  the  greater  of  (i)  the  product of one and two hundred
sixty-three thousandths multiplied by the state sharing ratio,  (ii)  an
aid ratio computed by subtracting from one and one hundredth the product
computed  to three decimals without rounding obtained by multiplying the
resident weighted average daily attendance  wealth  ratio  by  forty-six
percent, where such aid ratio shall be expressed as a decimal carried to
three  places  without  rounding,  PROVIDED THAT COMMENCING WITH THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER,
SUCH AID RATIO SHALL BE ZERO, or (iii) excluding  cities  with  a  popu-
lation  of  more  than one million, an aid ratio computed by subtracting
from one and one hundredth the product computed to three decimal  places
without  rounding  obtained  by multiplying the number computed to three
decimals without rounding obtained when the quotient of actual valuation
of a school district, as defined in paragraph c of  subdivision  one  of
this  section, divided by the sum of the resident public school district
enrollment, the resident nonpublic school district  enrollment  and  the
additional  public school enrollment of the school district for the year
prior to the base year is divided by the statewide average actual  valu-
ation  per the sum of such total resident public school district enroll-
ment, nonpublic school district enrollment and additional public  school
enrollment  of all school districts eligible for an apportionment pursu-
ant to this section except central high school districts as computed  by
the  commissioner using the latest single year actual valuation computed
under paragraph c of subdivision  one  of  this  section,  by  forty-six
percent,  where  such  ratio  shall be expressed as a decimal carried to
three decimal places without rounding. The computation of such statewide
average shall include the  actual  valuation  of  all  school  districts
eligible  for  an  apportionment pursuant to this section except central
high school districts.  The  transportation  sparsity  adjustment  shall
equal  the  quotient  of: the positive remainder of twenty-one minus the

S. 7506                            22                            A. 9506

district's public school enrollment for the year prior to the base  year
per  square  mile,  divided  by three hundred seventeen and eighty-eight
hundredths. Approved transportation expense shall  be  the  sum  of  the
approved  transportation  operating expense and the approved transporta-
tion capital, debt service and lease expense of the  district.  Approved
transportation expense shall not be aidable pursuant to section nineteen
hundred fifty of this chapter.
  b. (1) For the purposes of this apportionment, approved transportation
operating  expense  shall be the actual expenditure incurred by a school
district and approved by the commissioner (i) for those items of  trans-
portation  operating  expense allowable under subdivision one of section
thirty-six hundred twenty-three-a of this article  for  regular  aidable
transportation  of  pupils as such terms are defined in sections thirty-
six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
cle, and (ii) for those items of transportation operating expense allow-
able under subdivision one of section thirty-six hundred  twenty-three-a
of  this  article for the transportation required or authorized pursuant
to article eighty-nine of this chapter, and (iii) for providing monitors
on school buses for students with disabilities, and (iv) for transporta-
tion operating expenses allowable under section thirty-six hundred twen-
ty-three-a of this article for the transportation of  homeless  children
authorized  by  paragraph  c  of  subdivision four of section thirty-two
hundred nine of this chapter, provided that the total approved  cost  of
such transportation shall not exceed the amount of the total cost of the
most  cost-effective  mode of transportation.  PROVIDED THAT, COMMENCING
WITH APPORTIONMENTS FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWEN-
TY-TWO  SCHOOL  YEAR  AND  THEREAFTER, APPROVED TRANSPORTATION OPERATING
EXPENSE FOR A SCHOOL DISTRICT SHALL NOT EXCEED THE LESSER OF  (I)  TOTAL
APPROVED  TRANSPORTATION OPERATING EXPENSE FOR THE BASE YEAR OR (II) THE
PRODUCT OF THE TOTAL APPROVED TRANSPORTATION OPERATING  EXPENSE  IN  THE
YEAR PRIOR TO THE BASE YEAR MULTIPLIED BY THE SUM OF ONE PLUS THE INFLA-
TION-ENROLLMENT  INDEX  COMPUTED  PURSUANT TO PARAGRAPH H OF SUBDIVISION
THREE OF THIS SECTION.
  (2) Notwithstanding any inconsistent provisions of  this  article,  in
computing  the apportionment payable to a school district in a city with
a population in excess of  one  million  inhabitants  pursuant  to  this
subdivision,  approved  transportation expense for public service trans-
portation shall not include any expenditures to the New York City Metro-
politan Transportation Authority for public service  transportation  nor
shall such expense be included in approved operating expense.
  §  22.  Subdivision  16  of  section  3602-ee of the education law, as
amended by section 19 of part YYY of chapter 59 of the laws of 2019,  is
amended to read as follows:
  16.  The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth,  two  thousand
[twenty] TWENTY-ONE; provided that the program shall continue and remain
in full effect.
  §  23.  Paragraph  a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended  to  read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct

S. 7506                            23                            A. 9506

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

S. 7506                            24                            A. 9506

pursuant to guidelines developed by the commissioner and approved by the
director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED  TWO,  THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX
HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY AND  TWO
THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEARS, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS
PURSUANT  TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE  PAYMENT  COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE
STATE  FISCAL YEAR AND ENTITLED "BT202-1", AND FURTHER PROVIDED THAT FOR
ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO,
THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO  SCHOOL  YEAR  AND  THEREAFTER,  THE
COMMISSIONER  SHALL  CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN
PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
SCHOOL YEAR COMMENCES.
  § 24. The opening paragraph of section 3609-a of the education law, as
amended  by section 21 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year through the two thousand nineteen--two thousand twenty school year,
"moneys apportioned" shall mean the lesser of (i) the sum of one hundred
percent  of  the respective amount set forth for each school district as
payable pursuant to this section in the school aid computer listing  for
the  current  year produced by the commissioner in support of the budget
which includes the appropriation for  the  general  support  for  public
schools  for  the  prescribed  payments  and individualized payments due
prior to April first for the current year plus the apportionment payable
during the current school year pursuant to subdivision six-a and  subdi-
vision  fifteen of section thirty-six hundred two of this part minus any
reductions to current year aids pursuant to subdivision seven of section
thirty-six hundred four of this part or any deduction from apportionment
payable pursuant to this chapter for collection  of  a  school  district
basic contribution as defined in subdivision eight of section forty-four
hundred  one  of  this  chapter,  less  any  grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of  section  nine-
ty-two-c  of the state finance law, less any grants provided pursuant to
subdivision five of section ninety-seven-nnnn of the state finance  law,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
calculated by the commissioner based on data on file  at  the  time  the
payment  is  processed;  provided  however, that for the purposes of any
payments made pursuant to this section prior to the first  business  day
of  June  of  the current year, moneys apportioned shall not include any
aids payable pursuant to subdivisions six and fourteen,  if  applicable,
of  section  thirty-six hundred two of this part as current year aid for

S. 7506                            25                            A. 9506

debt service on bond anticipation notes and/or bonds first issued in the
current year or any aids  payable  for  full-day  kindergarten  for  the
current  year pursuant to subdivision nine of section thirty-six hundred
two  of  this part. The definitions of "base year" and "current year" as
set forth in subdivision one of section thirty-six hundred two  of  this
part  shall  apply to this section.[ For aid payable in the two thousand
nineteen--two thousand twenty school year, reference to such "school aid
computer listing for the current year" shall mean the printouts entitled
"SA192-0".] FOR AID PAYABLE IN THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND
TWENTY-ONE  SCHOOL  YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN
THE LESSER OF: (I) THE SUM OF ONE  HUNDRED  PERCENT  OF  THE  RESPECTIVE
AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE  EXECUTIVE  BUDGET  REQUEST  WHICH
INCLUDES  THE  APPROPRIATION  FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED  PAYMENTS  DUE  PRIOR  TO
APRIL  FIRST  FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A  AND  FIFTEEN  OF
SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  THIRTY-SIX
HUNDRED  FOUR  OF  THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR  COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC
CONTRIBUTION  AS  DEFINED  IN  SUBDIVISION  EIGHT  OF SECTION FORTY-FOUR
HUNDRED ONE OF THIS  CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT  TO
SUBPARAGRAPH  TWO-A  OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE-
TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT  TO
SUBDIVISION  SIX  OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
TY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE,  OR  (II)  THE  APPORTIONMENT
CALCULATED  BY  THE  COMMISSIONER  BASED ON DATA ON FILE AT THE TIME THE
PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES  OF  ANY
PAYMENTS  MADE  PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY
OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL  NOT  INCLUDE  ANY
AIDS  PAYABLE  PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE,
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR  AID  FOR
DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
CURRENT  YEAR  OR  ANY  AIDS  PAYABLE  FOR FULL-DAY KINDERGARTEN FOR THE
CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX  HUNDRED
TWO  OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE SCHOOL YEAR, REFERENCE  TO  SUCH  "SCHOOL  AID  COMPUTER
LISTING  FOR  THE  CURRENT  YEAR"  SHALL  MEAN  THE  PRINTOUTS  ENTITLED
"BT202-1".
  § 25. The education law is amended by adding a new section  4403-a  to
read as follows:
  §  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
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

S. 7506                            26                            A. 9506

PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE  AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH  PARENTS
MAY  SUBMIT  WRITTEN  COMMENTS  ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND  SHALL  INCLUDE
IN  THE  WAIVER  APPLICATION  SUBMITTED  TO THE COMMISSIONER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM  SUCH
PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  §  26.  Subdivision 9 of section 2852 of the education law, as amended
by section 2 of subpart A of part B of chapter 20 of the laws  of  2015,
is amended to read as follows:
  9. The total number of charters issued pursuant to this article state-
wide  shall not exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the  numerical
limits  established  by this subdivision shall be issued by the board of
regents upon application directly to the board  of  regents  or  on  the
recommendation  of  the board of trustees of the state university of New
York pursuant to a competitive process in  accordance  with  subdivision
nine-a  of  this section. Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a  charter
for  a school to be located in a city having a population of one million
or more. The failure of any body to  issue  the  regulations  authorized
pursuant  to  this  article  shall not affect the authority of a charter
entity to propose a charter to the board of  regents  or  the  board  of
regents'  authority  to  grant such charter. A conversion of an existing
public school to a charter school, or the  renewal  or  extension  of  a
charter  approved  by any charter entity, OR THE REISSUANCE OF A SURREN-
DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR  (B-1)
OF  THIS  SUBDIVISION  shall  not be counted toward the numerical limits
established by this subdivision.
  (b) A charter that has been surrendered, revoked or terminated  on  or
before  July  first,  two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents  either

S. 7506                            27                            A. 9506

upon  application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with  subdivision  nine-a  of
this  section. Provided that such reissuance shall not be counted toward
the statewide numerical  limit  established  by  this  subdivision,  and
provided  further  that no more than twenty-two charters may be reissued
pursuant to this paragraph.
  (B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  CHARTER
THAT  HAS  BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
THOUSAND FIFTEEN, INCLUDING A CHARTER  THAT  HAS  NOT  BEEN  RENEWED  BY
ACTION  OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION BY THE BOARD  OF  REGENTS  EITHER  UPON  APPLICATION
DIRECTLY  TO  THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD
OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT  TO  A  COMPET-
ITIVE  PROCESS  IN  ACCORDANCE  WITH SUBDIVISION NINE-A OF THIS SECTION.
PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE  NUMERICAL
LIMITS ESTABLISHED BY THIS SUBDIVISION.
  (c)  For  purposes  of determining the total number of charters issued
within  the  numerical  limits  established  by  this  subdivision,  the
approval date of the charter entity shall be the determining factor.
  (d) Notwithstanding any provision of this article to the contrary, any
charter  authorized  to  be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand  seven,  and  that
remains  unissued  as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized  to
be  issued  by such chapter in effect as of June fifteenth, two thousand
fifteen; provided however  that  nothing  in  this  paragraph  shall  be
construed  to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a)  of  this
subdivision,  as amended by [a] SUBPART A OF PART B OF chapter TWENTY of
the laws of two thousand fifteen [which added this paragraph].
  § 27. Subdivisions 1 and 3 of section 801 of  the  education  law,  as
amended  by  chapter  574  of  the  laws of 1997, are amended to read as
follows:
  1. In order to promote a spirit of patriotic  and  civic  service  and
obligation  and  to foster in the children of the state moral and intel-
lectual qualities which are essential in preparing  to  meet  the  obli-
gations of citizenship in peace or in war, the regents of The University
of  the  State  of  New  York  shall prescribe courses of instruction in
patriotism, citizenship, and human rights issues, with particular atten-
tion to the study of the inhumanity of genocide, slavery (including  the
freedom  trail and underground railroad), the Holocaust, CIVIC EDUCATION
AND VALUES, OUR SHARED HISTORY OF DIVERSITY, THE ROLE OF RELIGIOUS FREE-
DOM IN THIS COUNTRY, and the mass starvation in  Ireland  from  1845  to
1850, to be maintained and followed in all the schools of the state. The
boards  of  education  and  trustees  of  the  several cities and school
districts of the state shall require instruction to  be  given  in  such
courses,  by  the  teachers  employed in the schools therein. All pupils
attending such schools, over the age of eight years, shall  attend  upon
such instruction.
  Similar  courses  of instruction shall be prescribed and maintained in
private schools in the state, and all pupils in such schools over  eight
years  of age shall attend upon such courses. If such courses are not so
established and maintained in a private school, attendance upon instruc-
tion in such school shall not  be  deemed  substantially  equivalent  to

S. 7506                            28                            A. 9506

instruction  given  to  pupils  of like age in the public schools of the
city or district in which such pupils reside.
  3.  The  regents  shall  determine the subjects to be included in such
courses of instruction in  patriotism,  citizenship,  and  human  rights
issues,  with  particular  attention  to  the study of the inhumanity of
genocide, slavery (including the freedom  trail  and  underground  rail-
road),  the Holocaust, CIVIC EDUCATION AND VALUES, OUR SHARED HISTORY OF
DIVERSITY, THE ROLE OF RELIGIOUS FREEDOM IN THIS COUNTRY, and  the  mass
starvation  in  Ireland  from 1845 to 1850, and in the history, meaning,
significance and effect of the provisions of  the  constitution  of  the
United  States, the amendments thereto, the declaration of independence,
the constitution of the state of New York and  the  amendments  thereto,
and  the  period  of instruction in each of the grades in such subjects.
They shall adopt rules providing for attendance  upon  such  instruction
and  for such other matters as are required for carrying into effect the
objects and purposes of this section. The commissioner shall be  respon-
sible  for  the  enforcement  of  such  section  and  shall  cause to be
inspected and supervise the instruction to be given  in  such  subjects.
The  commissioner  may, in his discretion, cause all or a portion of the
public school money to be apportioned to a district or city to be  with-
held  for  failure of the school authorities of such district or city to
provide instruction in such courses and to compel attendance  upon  such
instruction,  as  herein  prescribed,  and for a non-compliance with the
rules of the regents adopted as herein provided.
  § 28. Section 2590-h of the education law is amended by adding  a  new
subdivision 55 to read as follows:
  55. ENSURE THAT ALL STUDENTS IN THE CITY DISTRICT, THE CHARTER SCHOOLS
IN THE CITY OF NEW YORK AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER,
AND  THE NONPUBLIC SCHOOLS IN THE CITY OF NEW YORK PROVIDING INSTRUCTION
IN ACCORDANCE WITH SECTION THIRTY-TWO HUNDRED FOUR OF THIS  CHAPTER,  AS
PART  OF  THE  INSTRUCTION  IN  THE  HOLOCAUST PURSUANT TO SECTION EIGHT
HUNDRED ONE OF THIS CHAPTER, SHALL VISIT SITES WHICH EDUCATE ABOUT THESE
HISTORICAL EVENTS INCLUDING, BUT NOT LIMITED TO, A HOLOCAUST MUSEUM.
  § 29. Section 3609-h of the education law, as added by  section  7  of
part A of chapter 56 of the laws of 2015, is amended to read as follows:
  § 3609-h. Moneys apportioned to school districts for commercial gaming
grants  pursuant  to subdivision six of section ninety-seven-nnnn of the
state finance law, when and how payable commencing July first, two thou-
sand fourteen. Notwithstanding  the  provisions  of  section  thirty-six
hundred nine-a of this part, apportionments payable pursuant to subdivi-
sion  six of section ninety-seven-nnnn of the state finance law shall be
paid pursuant to this  section.  The  definitions  of  "base  year"  and
"current  year"  as  set  forth in subdivision one of section thirty-six
hundred two of this part shall apply to this section.
  1. The moneys apportioned by  the  commissioner  to  school  districts
pursuant  to  subdivision  six of section ninety-seven-nnnn of the state
finance law for the two thousand fourteen-two  thousand  fifteen  school
year  and  thereafter  shall  be  paid  as a commercial gaming grant, as
computed pursuant to such subdivision, as follows:
  a. For the two thousand fourteen--two thousand  fifteen  school  year,
one  hundred percent of such grant shall be paid on the same date as the
payment computed pursuant to clause (v) of subparagraph three  of  para-
graph  b of subdivision one of section thirty-six hundred nine-a of this
article.
  b. For the two thousand fifteen--two thousand sixteen school year [and
thereafter] THROUGH THE TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN

S. 7506                            29                            A. 9506

SCHOOL  YEAR,  seventy  percent  of such grant shall be paid on the same
date as the payment computed pursuant to  clause  (ii)  of  subparagraph
three  of  paragraph  b of subdivision one of section thirty-six hundred
nine-a  of  this article, and thirty percent of such grant shall be paid
on the same date as the payment  computed  pursuant  to  clause  (v)  of
subparagraph  three of paragraph b of subdivision one of section thirty-
six hundred nine-a of this article.
  C. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR  AND
THEREAFTER,  ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE AS THE PAYMENT COMPUTED PURSUANT TO  CLAUSE  (II)  OF  SUBPARAGRAPH
THREE  OF  PARAGRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THIS ARTICLE.
  2. Any payment to a school district pursuant to this section shall  be
general  receipts of the district and may be used for any lawful purpose
of the district.
  § 30. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
35  of part YYY of chapter 59 of the laws of 2019, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this section for the reimbursement for the 2017--2018 school year
shall not exceed 60.4 percent of the lesser of such approvable costs per
contact hour or thirteen dollars and  ninety  cents  per  contact  hour,
reimbursement  for  the  2018--2019  school  year  shall not exceed 59.4
percent of the lesser of such approvable costs per contact hour or four-
teen dollars and ninety-five cents per contact hour, [and] reimbursement
for the 2019--2020 school year shall not  exceed  57.7  percent  of  the
lesser  of  such  approvable  costs  per contact hour or fifteen dollars
sixty cents per contact hour, AND REIMBURSEMENT FOR THE  2020-21  SCHOOL
YEAR  SHALL  NOT  EXCEED  56.9  PERCENT OF THE LESSER OF SUCH APPROVABLE
COSTS PER CONTACT HOUR OR SIXTEEN  DOLLARS  AND  TWENTY-FIVE  CENTS  PER
CONTACT  HOUR, where a contact hour represents sixty minutes of instruc-
tion services provided to an eligible adult.  Notwithstanding any  other
provision  of  law  to the contrary, for the 2017--2018 school year such
contact hours shall not exceed one million five hundred forty-nine thou-
sand four hundred sixty-three (1,549,463); and for the 2018--2019 school
year such contact hours  shall  not  exceed  one  million  four  hundred
sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the
2019--2020  school  year such contact hours shall not exceed one million
four hundred forty-four thousand four  hundred  forty-four  (1,444,444);
AND  FOR THE 2020-21 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE
MILLION TWO HUNDRED FORTY-FOUR THOUSAND AND  FIVE  HUNDRED  AND  EIGHTY-
EIGHT  (1,244,588).    Notwithstanding any other provision of law to the
contrary, the apportionment calculated for the city school  district  of
the  city  of New York pursuant to subdivision 11 of section 3602 of the
education law shall be computed as if such contact hours provided by the
consortium for worker education, not to exceed  the  contact  hours  set
forth herein, were eligible for aid in accordance with the provisions of
such subdivision 11 of section 3602 of the education law.
  §  31. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion y to read as follows:
  Y. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF PAYMENTS FOR THE 2020-21 SCHOOL YEAR. NOTWITHSTANDING ANY

S. 7506                            30                            A. 9506

INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  §  32. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education in New York city, as amended by section 37 of part YYY
of chapter 59 of the laws of 2019, is amended to read as follows:
  § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2020] 2021.
  § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 32 of part CCC of chapter 59 of the laws of 2018, is  amended
to read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2020] 2022.
  § 34. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 39 of part  YYY
of chapter 59 of the laws of 2019, is amended to read as follows:
  §  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2020] 2021 when
upon such date the provisions of this act shall be deemed repealed.
  § 35. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 40 of part YYY of chapter 59 of the laws of 2019,  is
amended to read as follows:
  §  4.  This act shall take effect July 1, 2002 and section one of this
act shall expire and be deemed repealed June 30, 2019, and sections  two
and  three  of  this act shall expire and be deemed repealed on June 30,
[2020] 2021.
  § 36. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to the implementation of the No Child Left Behind
Act  of  2001, as amended by section 41 of part YYY of chapter 59 of the
laws of 2019, is amended to read as follows:
  § 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2020] 2021.

S. 7506                            31                            A. 9506

  § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of 2004, relating to the support of education, as amended by section  58
of  part  YYY  of  chapter 59 of the laws of 2017, is amended to read as
follows:
  11.  section  seventy-one  of  this  act  shall  expire  and be deemed
repealed June 30, [2020] 2023;
  § 38. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the  2020-2021 school year, the commissioner of education shall allocate
school bus driver training grants to  school  districts  and  boards  of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  §  39.  Special  apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June 2021 and not later than the last  day  of  the  third  full
business week of June 2021, a school district eligible for an apportion-
ment  pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the  school  year
ending  June  30, 2021, for salary expenses incurred between April 1 and
June 30, 2020 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the  commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186  percent  of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with  a  population  of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus  (iv)  the  net  gap  elimination
adjustment  for  2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by  the  commissioner  of
education  pursuant  to  subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed  such
salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
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

S. 7506                            32                            A. 9506

section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  §  40. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2021, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2021 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
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

S. 7506                            33                            A. 9506

section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  § 41. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2020--2021 school year, as a non-component school
district, services required by article 19 of the education law.
  § 42. The amounts specified in this section shall be a set-aside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the development, maintenance or expansion of magnet schools  or
magnet  school  programs  for  the  2020--2021 school year. For the city
school district of the city of New York there shall  be  a  setaside  of
foundation  aid  equal  to  forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred  thousand  dollars
($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
school  district,  twenty-one  million  twenty-five   thousand   dollars
($21,025,000);  for  the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school  district,  thirteen
million  dollars  ($13,000,000);  for  the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for  the
Newburgh city school district, four million six hundred forty-five thou-
sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred  ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one  million  eight  hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million  one  hundred  fifty  thousand
dollars  ($1,150,000);  for  the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls  city  school
district,  six  hundred thousand dollars ($600,000); for the Albany city
school district, three  million  five  hundred  fifty  thousand  dollars
($3,550,000);  for  the  Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five  hundred  sixty-
six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
district, four hundred thousand dollars  ($400,000);  for  the  Freeport
union  free  school  district, four hundred thousand dollars ($400,000);
for the Greenburgh  central  school  district,  three  hundred  thousand
dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
district,  two  hundred  thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
  b. Notwithstanding any inconsistent provision of law to the  contrary,
a  school  district  setting  aside such foundation aid pursuant to this
section may use such  setaside  funds  for:  (i)  any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-

S. 7506                            34                            A. 9506

ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having  substan-
tial concentrations of minority students.
  c.  The  commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency  with  a  request
for  proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2020--2021 school  year,  and
for  any city school district in a city having a population of more than
one  million,  the  setaside  for  attendance  improvement  and  dropout
prevention  shall  equal  the amount set aside in the base year. For the
2020--2021 school year, it is further  provided  that  any  city  school
district  in  a  city having a population of more than one million shall
allocate at least one-third of any increase from  base  year  levels  in
funds set aside pursuant to the requirements of this section to communi-
ty-based  organizations.  Any increase required pursuant to this section
to community-based organizations must  be  in  addition  to  allocations
provided to community-based organizations in the base year.
  d.  For the purpose of teacher support for the 2020--2021 school year:
for the city school district of the city of New York, sixty-two  million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school  district,  one  million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and for the Syracuse city school district,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this section shall be  distributed  among  teachers
including  prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in  addi-
tion  to  salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to  this  section
for  the  current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the  education
law  for prior years. In school districts where the teachers are repres-
ented by certified or  recognized  employee  organizations,  all  salary
increases  funded  pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to  the  provisions  and
procedures  of  article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between  a  school  district  and  a
certified or recognized employee organization.
  §  43.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2020  enacting
the  aid  to  localities  budget  shall be apportioned for the 2020-2021
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
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.

S. 7506                            35                            A. 9506

  Notwithstanding  any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year  2020-2021
by a chapter of the laws of 2020 enacting the education, labor and fami-
ly  assistance  budget  shall  fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion  and  approved  by  the  director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations  shall  be
reduced  proportionately  to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
  § 44. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  §  45.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2020, provided,
however, that:
  1. sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh-
teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
four, twenty-seven, thirty-eight, forty-one and forty-two  of  this  act
shall take effect July 1, 2020;
  2.  the  amendments  to  section  2590-h  of the education law made by
section twenty-eight of this act shall not  affect  the  expiration  and
reversion of such section and shall expire and be deemed repealed there-
with;
  3.  section  twenty-nine  of  this act shall be deemed to have been in
full force and effect on and after April 1, 2019; and
  4. the amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker education in New York City made by sections thirty and thirty-one
of  this  act  shall  not affect the repeal of such chapter and shall be
deemed repealed therewith.

                                 PART B

  Section 1. Legislative intent. The purpose of this act is to establish
the Syracuse  Comprehensive  Education  and  Workforce  Training  Center
focusing  on  Science, Technology, Engineering, Arts, and Math. The high
school and center shall provide a high school course of instruction  for
grades nine through twelve, dedicated to providing expanded learning and
job  training  opportunities to students residing in the Onondaga, Cort-
land and Madison county board of cooperative educational services region
and central New York, in the areas of science, technology,  engineering,
arts and mathematics as well as the core academic areas required for the
issuance  of high school diplomas in accordance with the rules and regu-
lations promulgated by the board  of  regents.  The  legislature  hereby
finds  and  declares that the establishment of the school is a necessary
component to the development of the greater central New York  region  of
New  York  state  and  a necessary link to fostering the development and

S. 7506                            36                            A. 9506

advancement of the arts and  emerging  technologies.  This  school  will
advance  the interests of the central New York region and New York state
by engaging students in rigorous and enriching  educational  experiences
focused  on  the  arts and emerging technologies, project-based learning
and collaboration and by providing that experience within the context of
a business and learning community for the purpose of directly connecting
student learning with real world experience in  the  arts  and  advanced
technical  facilities.  It is expressly found that the establishment and
operation of such school pursuant to this act is a public purpose.
  § 2. Establishment of the Syracuse Comprehensive Education  and  Work-
force  Training  Center.    1.  The Syracuse Comprehensive Education and
Workforce Training Center may be established by the board  of  education
of  the  Syracuse  city  school  district  pursuant  to this section for
students in grades nine through twelve.
  2. Such school shall be governed by the  board  of  education  of  the
Syracuse  city school district. The school shall be subject to all laws,
rules and regulations which are  applicable  to  a  public  high  school
unless  otherwise  provided for in this act. The school shall be subject
to the oversight of the board of regents and the program shall be audit-
ed in a manner consistent with provisions of law  and  regulations  that
are applicable to other public schools.
  3.  The  board of education of the Syracuse city school district shall
have the responsibility for the operation, supervision  and  maintenance
of  the  school  and  shall be responsible for the administration of the
school, including curriculum,  grading,  discipline  and  staffing.  The
Syracuse  Comprehensive  Education  and  Workforce Training Center shall
also partner with a certified institution of higher education  to  offer
an  early college high school program. The Syracuse Comprehensive Educa-
tion and Workforce Training Center shall also partner with  a  certified
institution  of  higher  education  to offer apprenticeship training and
programs. The Syracuse Comprehensive Education  and  Workforce  Training
Center  shall  also partner with the State University of New York Empire
State College to ensure that there are career  connection  programs  and
opportunities  including,  but not limited to, workforce preparation and
training, industry certifications  and  credentials  including  advanced
technical  certifications  and  high  school  equivalency  programs, and
education opportunity center programs.  The State University of New York
Empire State College may also partner with the New York State Department
of Labor.  The Syracuse Comprehensive Education and  Workforce  Training
Center  is  also authorized to partner with other local entities includ-
ing, but not limited to, businesses, non-profit organizations, state and
local governments, and other organizations focused on closing the skills
gap and increasing  employment  opportunities  through  training.  These
programs shall be available to students as well as members of the commu-
nity.
  4.  The  board of education of the Syracuse city school district shall
be authorized to enter into contracts  as  necessary  or  convenient  to
operate such school.
  5.  Students  attending  such  school shall continue to be enrolled in
their school district of residence. The Syracuse  city  school  district
shall  be  responsible  for  the  issuance  of  a high school diploma to
students who attended the school  based  on  such  students'  successful
completion of the school's educational program.
  6.  For  purposes  of  all state aid calculations made pursuant to the
education law, students attending  such  school  shall  continue  to  be
treated and counted as students of their school district of residence.

S. 7506                            37                            A. 9506

  7.  The  public  school  district  of  residence shall be obligated to
provide transportation,  without  regard  to  any  mileage  limitations,
provided  however,  for  aid reimbursements pursuant to subdivision 7 of
section 3602 of the education law, expenses associated with  the  trans-
portation  of  students to and from the Syracuse Comprehensive Education
and Workforce Training Center up to a distance of thirty miles shall  be
included.
  8. It shall be the duty of the student's district of residence to make
payments  as  calculated in this act directly to the school district for
each student enrolled in the school.  No costs shall be  apportioned  to
school districts that elect not to participate in such school.
  9.  The  trustees  or  the board of education of a school district may
enter into a memorandum of understanding with the board of education  of
the  Syracuse city school district to participate in such school program
for a period not to exceed five years upon such terms as  such  trustees
or  board  of  education and the board of education of the Syracuse city
school district may mutually agree.   Such memorandum  of  understanding
shall  set  forth a methodology for the calculation of per pupil tuition
costs that shall be subject to review and approval by the commissioner.
  10. Any student eligible for enrollment in grades nine through  twelve
of  a public school entering into a memorandum of understanding with the
board of education of  the  Syracuse  city  school  district  to  enroll
students  in the Syracuse Comprehensive Education and Workforce Training
Center shall be eligible for admission to the high school. To the extent
that the number of qualified applicants may exceed the number of  avail-
able  spaces,  the  school  shall  grant admission on a random selection
basis, provided that an  enrollment  preference  shall  be  provided  to
pupils  returning  to  the  high  school in the second or any subsequent
year. The criteria for admission shall not be limited based on intellec-
tual ability, measures of academic  achievement  or  aptitude,  athletic
aptitude,  disability,  race,  creed, gender, national origin, religion,
ancestry, or location of residence. The high school shall determine  the
tentative  enrollment  roster,  notify the parents, or those in parental
relations to those students, and the resident school district  by  April
first  of the school year preceding the school year for which the admis-
sion is granted.
  11. Notwithstanding any other provision of law to  the  contrary,  the
Syracuse city school district is authorized to transfer ownership of the
Syracuse  Comprehensive  Education  and Workforce Training Center to the
county of Onondaga and the county of Onondaga is  authorized  to  assume
such  ownership  and  to  enter  into a lease for such facility with the
Syracuse city school district. The county of Onondaga may  contract  for
indebtedness  to  renovate such facility and any related financing shall
be deemed a county purpose. The county of Onondaga shall transfer owner-
ship of the Syracuse  Comprehensive  Education  and  Workforce  Training
Center to the city of Syracuse upon the expiration of the lease.
  12.  Notwithstanding  any  other provision of law to the contrary, the
county of Onondaga shall submit estimated project costs  for  the  reno-
vation  and  equipping of the Syracuse Comprehensive Education and Work-
force Training Center after the completion of schematic plans and  spec-
ifications  for  review  by  the commissioner of education. If the total
project costs associated with such  project  exceed  the  approved  cost
allowance  of  such  building  project pursuant to section three of this
act, and the county has not otherwise demonstrated to  the  satisfaction
of  the New York state department of education the availability of addi-
tional local shares for such excess costs  from  the  city  of  Syracuse

S. 7506                            38                            A. 9506

and/or  the  Syracuse  city  school  district, then the county shall not
proceed with the preparation of final plans and specifications for  such
project  until  the  project  has been redesigned or value-engineered to
reduce  estimated  project  costs  so  as  not  to exceed the above cost
limits.
  13. Notwithstanding any other provision of law to  the  contrary,  the
county  of  Onondaga  shall submit estimated project costs for the reno-
vation and equipping of the Syracuse Comprehensive  Education  Workforce
and  Training  Center after the completion of fifty percent of the final
plans and specifications for review by the commissioner of education. If
the total project costs associated with such project exceed the approved
cost allowance of such building project pursuant  to  section  three  of
this act, and the county has not otherwise demonstrated to the satisfac-
tion  of  the New York state department of education the availability of
additional local share for such excess costs from the city  of  Syracuse
and/or  the  Syracuse  city  school  district, then the county shall not
proceed with the completion of the remaining fifty percent of the  plans
and  specifications  for  such  project until the project has been rede-
signed or value-engineered to reduce estimated project costs  so  as  to
not exceed the above cost limits.
  § 3. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 8 to read as follows:
  (8)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR THE RENOVATION AND EQUIP-
PING OF THE SYRACUSE  COMPREHENSIVE  EDUCATION  AND  WORKFORCE  TRAINING
CENTER AUTHORIZED FOR OPERATION BY THE SYRACUSE CITY SCHOOL DISTRICT THE
BUILDING AID UNITS ASSIGNED TO THIS PROJECT SHALL REFLECT A BUILDING AID
ENROLLMENT  OF  ONE THOUSAND STUDENTS AND MULTI-YEAR COST ALLOWANCES FOR
THE PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO  TIMES  IN  THE  FIRST
FIVE-YEAR  PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTAB-
LISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM
COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
  § 4. This act shall take effect immediately.

                                 PART C

  Section 1. Definitions. As used in this act:
  (a) "Commissioner" shall mean the commissioner of education;
  (b) "Department" shall mean the state education department;
  (c) "Board of education" or "board" shall mean the board of  education
of the Rochester city school district;
  (d)  "School  district"  or  "district"  shall mean the Rochester city
school district;
  (e) "Superintendent" shall mean the superintendent  of  the  Rochester
city school district;
  (f)  "Relatives"  shall  mean  a  Rochester city school district board
member's spouse, domestic partner, child, stepchild, stepparent, or  any
person who is a direct descendant of the grandparents of a current board
member or a board member's spouse or domestic partner;
  (g) "Mayor" shall mean the mayor of the city of Rochester; and
  (h) "City" shall mean the city of Rochester.
  §  2.  Appointment  of a monitor. The commissioner and the mayor shall
jointly appoint one monitor to provide oversight, guidance and technical
assistance related to the educational and  fiscal  policies,  practices,
programs  and  decisions  of the school district, the board of education
and the superintendent.

S. 7506                            39                            A. 9506

  1. The monitor, to the extent practicable, shall  have  experience  in
school district finances and one or more of the following areas:
  (a) elementary and secondary education;
  (b) the operation of school districts in New York;
  (c) educating students with disabilities; and
  (d) educating English language learners.
  2. The monitor shall be a non-voting ex-officio member of the board of
education.  The  monitor  shall  be an individual who is not a resident,
employee of the school district or relative of a  board  member  of  the
school district at the time of his or her appointment.
  3. The reasonable and necessary expenses incurred by the monitor while
performing  his  or  her  official  duties  shall  be paid by the school
district.  Notwithstanding any other provision of law, the monitor shall
be entitled to defense and indemnification by the school district to the
same extent as a school district employee.
  § 3. Meetings. 1. The monitor shall be entitled to attend all meetings
of the board, including executive sessions; provided however, such moni-
tor shall not be considered for purposes of establishing a quorum of the
board. The school  district  shall  fully  cooperate  with  the  monitor
including, but not limited to, providing such monitor with access to any
necessary  documents  and  records  of  the district including access to
electronic  information  systems,  databases  and  planning   documents,
consistent with all applicable state and federal statutes including, but
not  limited  to,  Family  Education  Rights and Privacy Act (FERPA) (20
U.S.C. § 1232g) and section 2-d of the education law.
  2. The board, in consultation with the monitor, shall adopt a conflict
of interest policy that complies  with  all  existing  applicable  laws,
rules  and regulations that ensures its board members and administration
act in the school district's best interest and  comply  with  applicable
legal  requirements.  The conflict of interest policy shall include, but
not be limited to:
  (a) a definition of the circumstances that constitute  a  conflict  of
interest;
  (b) procedures for disclosing a conflict of interest to the board;
  (c) a requirement that the person with the conflict of interest not be
present  at or participate in board deliberations or votes on the matter
giving rise to such conflict, provided that nothing in this  subdivision
shall  prohibit  the  board  from  requesting  that  the person with the
conflict of interest present information as background or  answer  ques-
tions  at  a board meeting prior to the commencement of deliberations or
voting relating thereto;
  (d) a prohibition against any attempt by the person with the  conflict
to  influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
  (e) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.
  § 4. Public hearings. 1. The monitor shall schedule three public hear-
ings to be held within sixty days of his or her appointment, which shall
allow public comment from the district's residents,  students,  parents,
employees, the mayor, board members and administration.
  (a)  The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner,  the  department  and  the
board  of  regents regarding school district governance and intervention
under applicable state law and regulations, including  but  not  limited
to, sections 306, 211-c, and 211-f of the education law.

S. 7506                            40                            A. 9506

  (b)  The  second  hearing  shall  take  public comment on the academic
performance of the district.
  (c) The third hearing shall take public comment on the fiscal perform-
ance of the district.
  2.  The  board  of education, the superintendent and the monitor shall
consider these public comments when developing the  financial  plan  and
academic improvement plan under this act.
  §  5.  Financial  plan.  1. No later than November first, two thousand
twenty, the board of education, the superintendent and the monitor shall
develop a proposed financial plan for the two thousand twenty--two thou-
sand twenty-one school year and the four subsequent  school  years.  The
financial  plan  shall  ensure  that annual aggregate operating expenses
shall not exceed annual aggregate operating  revenues  for  such  school
year  and  that the major operating funds of the district be balanced in
accordance with generally  accepted  accounting  principles,  and  shall
consider whether financial and budgetary functions of the district shall
be  subject  to  a  shared  services agreement with the city and whether
district governance should  be  modified.    The  financial  plan  shall
include  statements  of  all  estimated revenues, expenditures, and cash
flow projections of the district.
  2. If the board of education and the monitor agree on all the elements
of the proposed financial plan, the board of education shall  conduct  a
public  hearing on the plan and consider the input of the community. The
proposed financial plan shall be made public on the  district's  website
at  least  three  business  days  before  such  public hearing. Once the
proposed financial plan has been approved by  the  board  of  education,
such  plan shall be submitted by the monitor to the commissioner and the
mayor for approval and shall be deemed approved for the purposes of this
act.
  3. If the board of education and the monitor do not agree on  all  the
elements  of  the  proposed financial plan, the board of education shall
conduct a public hearing on the proposed plan that details the  elements
of  disagreement between the monitor and the board, including documented
justification for such disagreements and any requested  amendments  from
the  monitor. The proposed financial plan, elements of disagreement, and
requested amendments shall be made public on the district's  website  at
least  three business days before such public hearing. After considering
the input of the community, the board may alter the  proposed  financial
plan  and the monitor may alter his or her requested amendments, and the
monitor shall submit the proposed financial plan, his or her  amendments
to  the  plan,  and documentation providing justification for such disa-
greements and amendments to the commissioner and the mayor no later than
December first, two thousand twenty. By January fifteenth, two  thousand
twenty-one,  the  commissioner  and  the mayor shall jointly approve the
proposed plan with any of the monitor's  proposed  amendments,  or  make
other  modifications,  they  deem  appropriate.   The board of education
shall provide the commissioner and the mayor with any  information  they
request to approve such plan within three business days of such request.
Upon  the approval of the commissioner and the mayor, the financial plan
shall be deemed approved for purposes of this act.
  § 6. Academic improvement plan. 1. No later than November  first,  two
thousand  twenty,  the  board  of  education, the superintendent and the
monitor shall develop an academic improvement plan  for  the  district's
two  thousand  twenty--two  thousand twenty-one school year and the four
subsequent school years. The academic improvement plan shall  contain  a
series  of  programmatic  recommendations  designed  to improve academic

S. 7506                            41                            A. 9506

performance over the period of the plan in those academic areas that the
commissioner deems to be in need  of  improvement  which  shall  include
addressing  the provisions contained in any action plan set forth by the
department.
  2. If the board of education and the monitor agree on all the elements
of  the proposed academic improvement plan, the board of education shall
conduct a public hearing on the plan  and  consider  the  input  of  the
community.  The  proposed academic improvement plan shall be made public
on the district's website at  least  three  business  days  before  such
public  hearing.    Once the proposed academic improvement plan has been
approved by the board of education, such plan shall be submitted by  the
monitor  to  the  commissioner for approval and shall be deemed approved
for the purposes of this act.
  3. If the board of education and the monitor do not agree on  all  the
elements  of the proposed academic improvement plan, the board of educa-
tion shall conduct a public hearing on the proposed  plan  that  details
the  elements of disagreement between the monitor and the board, includ-
ing documented justification for such disagreements  and  any  requested
amendments  from  the  monitor.  The proposed academic improvement plan,
elements of disagreement, and requested amendments shall be made  public
on  the  district's  website  at  least  three business days before such
public hearing. After considering the input of the community, the  board
may  alter  the  proposed  academic improvement plan and the monitor may
alter his or her requested amendments, and the monitor shall submit  the
proposed  academic  improvement plan, his or her amendments to the plan,
and documentation providing justification  for  such  disagreements  and
amendments  to  the commissioner no later than December first, two thou-
sand twenty. By January fifteenth, two thousand twenty-one, the  commis-
sioner  shall  approve  the  proposed  plan  with  any  of the monitor's
proposed amendments, or make other modifications, he or she deems appro-
priate. The board of education shall provide the commissioner  with  any
information  he  or she requests to approve such plan within three busi-
ness days of such request. Upon the approval of  the  commissioner,  the
academic  improvement plan shall be deemed approved for purposes of this
act.
  § 7. Fiscal and operational oversight. 1. Starting with  the  proposed
budget  for  the two thousand twenty-one--two thousand twenty-two school
year, the board of education shall annually submit the school district's
proposed budget for the next succeeding school year to  the  monitor  no
later than March first prior to the start of such next succeeding school
year.  The monitor shall review the proposed budget to ensure that it is
balanced within the context of revenue  and  expenditure  estimates  and
mandated  programs. The monitor shall also review the proposed budget to
ensure that it, to the greatest extent possible, is consistent with  the
district  academic  improvement  plan  and  financial plan developed and
approved pursuant to this act. The monitor  shall  present  his  or  her
findings  to  the  board of education, the mayor and the commissioner no
later than forty-five days prior to the date scheduled for the board  of
education's vote on the adoption of the final budget or the last date on
which  the  budget  may  be  finally  adopted,  whichever is sooner. The
commissioner and the mayor shall jointly require the board of  education
to  make amendments to the proposed budget consistent with any recommen-
dations made by the monitor if the commissioner and  the  mayor  jointly
determine  such  amendments  are  necessary to comply with the financial
plan and academic improvement plan under this act. The  school  district
shall  make  available  on the district's website:  the initial proposed

S. 7506                            42                            A. 9506

budget, the monitor's findings, and the final proposed budget  at  least
seven  days  prior  to the date of the school district's budget hearing.
The board of education shall provide the commissioner and the mayor with
any  information  they request in order to make a determination pursuant
to this subdivision within three business days of such request.
  2. The district shall provide quarterly reports  to  the  monitor  and
annual  reports  to the mayor, the commissioner and the board of regents
on the academic, fiscal, and operational status of the school  district.
In addition, the monitor shall provide semi-annual reports to the mayor,
the  commissioner,  board of regents, the governor, the temporary presi-
dent of the senate, and the speaker of the  assembly  on  the  academic,
fiscal, and operational status of the school district.  Such semi-annual
report  shall  include  all the contracts that the district entered into
throughout the year.
  3. The monitor shall have the authority to disapprove  travel  outside
the state paid for by the district.
  4.  The  monitor shall work with the district's shared decision-making
committee as defined in  8  NYCRR  100.11  in  developing  the  academic
improvement  plan,  financial  plan,  district  goals, implementation of
district  priorities,  budgetary  recommendations  and   recommendations
related to school governance.
  5.  The  monitor shall assist in resolving any disputes and conflicts,
including but not limited to, those between the superintendent  and  the
board of education and among the members of the board of education.
  6.  The monitor may recommend, and the board shall consider by vote of
a resolution at the next scheduled meeting of  the  board,  cost  saving
measures including, but not limited to, shared service agreements.
  § 8. The commissioner may overrule any decision of the monitor, except
for collective bargaining agreements negotiated in accordance with arti-
cle  14  of the civil service law, if he or she deems that such decision
is not aligned with the academic improvement plan.  The commissioner and
the mayor may jointly overrule any decision of the monitor,  except  for
collective  bargaining  agreements negotiated in accordance with article
14 of the civil service law, if they jointly deem such decision  is  not
aligned with the financial plan or the school district's budget.
  §  9. The monitor may notify the commissioner, the mayor and the board
in writing when he or she deems the district is violating an element  of
the  financial  plan  or  academic  improvement plan in this act. Within
twenty days, the commissioner shall determine whether the district is in
violation of any of the elements of the academic improvement plan  high-
lighted by the monitor and shall order the district to comply immediate-
ly  with  the  plan  and  remedy any such violation.   The mayor and the
commissioner shall, within twenty days, jointly  determine  whether  the
district  is  in  violation of any of the elements of the financial plan
highlighted by the monitor and shall order the district to comply  imme-
diately  with  the  plan  and  remedy  any  such violation.   The school
district shall suspend all actions related to the potential violation of
the financial plan or academic improvement plan until  the  commissioner
issues a determination or the mayor and the commissioner jointly issue a
determination related to the financial plan.
  §  10.  Nothing  in this act shall be construed to abrogate the duties
and responsibilities of the school district consistent  with  applicable
state law and regulations.
  §  11.  This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2021.

S. 7506                            43                            A. 9506

                                 PART D

  Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by section 1 of part JJJ of chapter
59 of the laws of 2017, is amended to read as follows:
  (4) The trustees shall not impose a differential tuition charge  based
upon  need  or  income.  Except  as  hereinafter  provided, all students
enrolled in programs leading to like degrees  at  state-operated  insti-
tutions  of  the  state  university  shall  be charged a uniform rate of
tuition except for differential tuition rates based on state  residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set  differing  rates  of  tuition for each of the colleges for students
enrolled in degree-granting programs leading to an associate degree  and
non-degree  granting  programs  so  long  as  such tuition rate does not
exceed the tuition rate charged to students who  are  enrolled  in  like
degree  programs  or degree-granting undergraduate programs leading to a
baccalaureate degree at other state-operated institutions of  the  state
university  of  New  York.  Notwithstanding  any other provision of this
subparagraph, the trustees may authorize the setting of a separate cate-
gory of tuition rate, that shall be greater than the  tuition  rate  for
resident  students  and  less  than  the  tuition  rate for non-resident
students, only for students enrolled in distance  learning  courses  who
are  not  residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not  adopt  changes  affecting  tuition
charges  prior  to  the enactment of the annual budget, provided however
that:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year,  provided  however that commencing with the two thousand
eleven--two thousand twelve academic year and ending in the two thousand
sixteen--two thousand seventeen academic year  if  the  annual  resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition  credit  for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant  to
section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for  each  semester,  quarter  or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is calculated and applied against the tuition  charged  for  the  corre-
sponding semester, quarter or term.
  (ii) Commencing with the two thousand seventeen--two thousand eighteen
academic  year and ending in the two thousand twenty--two thousand twen-
ty-one academic year the state university of New York board of  trustees
shall  be  empowered  to  increase  the  resident  undergraduate rate of
tuition by not more than two hundred dollars over  the  resident  under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided, however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then  a  tuition
credit  for  each  eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this title, shall  be  applied  toward  the

S. 7506                            44                            A. 9506

tuition charged for each semester, quarter or term of study. Tuition for
each semester, quarter or term of study shall not be due for any student
eligible  to  receive  such  tuition  credit until the tuition credit is
calculated and applied against the tuition charged for the corresponding
semester,  quarter or term. Provided, further that the revenue resulting
from an increase in the rate of  tuition  shall  be  allocated  to  each
campus  pursuant  to a plan approved by the board of trustees to support
investments  in  new  classroom  faculty,  instruction,  initiatives  to
improve  student success and on-time completion and a tuition credit for
each eligible student.
  (iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWEN-
TY-TWO  ACADEMIC  YEAR  AND  ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE ACADEMIC YEAR THE  STATE  UNIVERSITY  OF  NEW  YORK
BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRAD-
UATE  RATE OF TUITION BY NO MORE THAN TWO HUNDRED DOLLARS OVER THE RESI-
DENT UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF  TRUSTEES  IN
THE  PRIOR  ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT
UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED  AND  CALCULATED
BY  THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO
SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT  BE  DUE  FOR  ANY
STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
IS  CALCULATED  AND  APPLIED  AGAINST THE TUITION CHARGED FOR THE CORRE-
SPONDING SEMESTER, QUARTER OR TERM. PROVIDED FURTHER  THAT  THE  REVENUE
RESULTING  FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO
EACH CAMPUS PURSUANT TO A PLAN APPROVED BY  THE  BOARD  OF  TRUSTEES  TO
SUPPORT  INVESTMENTS  IN NEW CLASSROOM FACULTY, INSTRUCTION, INITIATIVES
TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND A  TUITION  CREDIT
FOR EACH ELIGIBLE STUDENT.
  (IV)  On  or before November thirtieth, two thousand [seventeen] TWEN-
TY-ONE, the trustees shall approve and  submit  to  the  chairs  of  the
assembly  ways  and means committee and the senate finance committee and
to the director of the budget a master tuition plan  setting  forth  the
tuition  rates  that  the  trustees  propose  for resident undergraduate
students for the four year  period  commencing  with  the  two  thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one]  TWENTY-FIVE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year  there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and
provided  further, that with the approval of the board of trustees, each
university center may increase non-resident undergraduate tuition  rates
each  year  by  not  more than ten percent over the tuition rates of the
prior academic year for a six year period commencing with the two  thou-
sand  eleven--two  thousand  twelve  academic year and ending in the two
thousand sixteen--two thousand seventeen academic year.
  [(iv)] (V) Beginning in state  fiscal  year  two  thousand  twelve-two
thousand  thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate  and  make  available
general fund operating support, including fringe benefits, for the state
university  in  an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state

S. 7506                            45                            A. 9506

support for operating expenses at the state university and city  univer-
sity  may  be  reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply.
  [(v)]  (VI) Beginning in state fiscal year two thousand seventeen--two
thousand eighteen and ending in state fiscal year two thousand  twenty--
two  thousand twenty-one, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated  and  made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support  for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one  another,  and  the
aforementioned  provisions  shall not apply; provided further, the state
shall appropriate and make available general fund support to fully  fund
the  tuition  credit  pursuant to subdivision two of section six hundred
sixty-nine-h of this title.
  (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE  STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN  A  MANNER  PROPORTIONATE  TO  ONE
ANOTHER,  AND  THE  AFOREMENTIONED  PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
SUPPORT  TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
  [(vi)] (VIII) For the state university  fiscal  years  commencing  two
thousand  eleven--two  thousand twelve and ending two thousand fifteen--
two thousand sixteen, each university center may set aside a portion  of
its tuition revenues derived from tuition increases to provide increased
financial  aid  for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or  more  subject  to  the
approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
of the state university of New York. Nothing in this paragraph shall  be
construed  as  to  authorize  that  students whose net taxable income is
eighty thousand dollars or more  are  eligible  for  tuition  assistance
program  awards  pursuant  to  section  six  hundred sixty-seven of this
[chapter] TITLE.
  § 2. Paragraph h of subdivision 2 of section 355 of the education  law
is amended by adding a new paragraph 4-a to read as follows:
  (4-A)  NOTWITHSTANDING  ANY  LAW, RULE, REGULATION, OR PRACTICE TO THE
CONTRARY AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF  THE
STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY RAISE
NON-RESIDENT UNDERGRADUATE RATES OF TUITION BY NOT MORE THAN TEN PERCENT
OVER  THE TUITION RATES OF THE PRIOR ACADEMIC YEAR FOR THE STATE UNIVER-
SITY OF NEW YORK  COLLEGE  OF  ENVIRONMENTAL  SCIENCE  AND  FORESTRY  AS
DEFINED  IN  ARTICLE  ONE  HUNDRED TWENTY-ONE OF THIS CHAPTER FOR A FOUR
YEAR PERIOD COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND  TWEN-
TY-ONE  ACADEMIC  YEAR  AND ENDING IN THE TWO THOUSAND TWENTY-THREE--TWO
THOUSAND TWENTY-FOUR ACADEMIC YEAR PROVIDED THAT  SUCH  RATE  CHANGE  IS

S. 7506                            46                            A. 9506

APPROVED ANNUALLY PRIOR TO BOARD OF TRUSTEES ACTION BY THE CHANCELLOR OF
THE STATE UNIVERSITY OR HIS OR HER DESIGNEE.
  §  3.  Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by section 2 of part JJJ of chapter 59 of  the  laws  of
2017, is amended to read as follows:
  (a)  The  board  of  trustees  shall establish positions, departments,
divisions and faculties; appoint and in accordance with  the  provisions
of  law  fix  salaries  of instructional and non-instructional employees
therein; establish and conduct courses and curricula;  prescribe  condi-
tions of student admission, attendance and discharge; and shall have the
power  to  determine  in its discretion whether tuition shall be charged
and to regulate tuition charges, and  other  instructional  and  non-in-
structional  fees and other fees and charges at the educational units of
the city university. The trustees shall review  any  proposed  community
college  tuition  increase  and the justification for such increase. The
justification provided by the community college for such increase  shall
include  a  detailed  analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose  a
differential  tuition  charge  based  upon  need or income. All students
enrolled in programs leading to like  degrees  at  the  senior  colleges
shall  be  charged  a  uniform  rate of tuition, except for differential
tuition rates  based  on  state  residency.  Notwithstanding  any  other
provision of this paragraph, the trustees may authorize the setting of a
separate  category  of  tuition  rate,  that  shall  be greater than the
tuition rate for resident students and less than the  tuition  rate  for
non-resident  students,  only for students enrolled in distance learning
courses who are not residents of the state; provided, however, that:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year, the city university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year,  provided  however that commencing with the two thousand
eleven--two thousand twelve academic year and ending with the two  thou-
sand  sixteen--two  thousand seventeen academic year if the annual resi-
dent undergraduate rate of tuition would exceed five  thousand  dollars,
then  a  tuition  credit  for  each  eligible student, as determined and
calculated by the New York state higher education  services  corporation
pursuant  to section six hundred eighty-nine-a of this chapter, shall be
applied toward the tuition charged for each semester, quarter or term of
study. Tuition for each semester, quarter or term of study shall not  be
due  for  any  student eligible to receive such tuition credit until the
tuition credit is calculated and applied against the tuition charged for
the corresponding semester, quarter or term.
  (ii) Commencing with the two thousand seventeen--two thousand eighteen
academic year and ending in the two thousand twenty--two thousand  twen-
ty-one  academic  year the city university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by  not  more than two hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year, provided however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then  a  tuition
credit  for  each  eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this  [title]  CHAPTER,  shall  be  applied

S. 7506                            47                            A. 9506

toward  the tuition charged for each semester, quarter or term of study.
Tuition for each semester, quarter or term of study shall not be due for
any student eligible to receive such tuition credit  until  the  tuition
credit  is  calculated  and  applied against the tuition charged for the
corresponding semester, quarter or  term.  Provided,  further  that  the
revenue resulting from an increase in the rate of tuition shall be allo-
cated  to  each campus pursuant to a plan approved by the board of trus-
tees to support  investments  in  new  classroom  faculty,  instruction,
initiatives  to  improve  student  success  and on-time completion and a
tuition credit for each eligible student.
  (iii) COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWEN-
TY-TWO  ACADEMIC  YEAR  AND  ENDING IN THE TWO THOUSAND TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD
OF TRUSTEES SHALL BE EMPOWERED TO INCREASE  THE  RESIDENT  UNDERGRADUATE
RATE  OF  TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT
UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF  TRUSTEES  IN  THE
PRIOR  ACADEMIC  YEAR;  PROVIDED,  HOWEVER,  THAT IF THE ANNUAL RESIDENT
UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED  AND  CALCULATED
BY  THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO
SECTION SIX HUNDRED EIGHTY-NINE-A OF  THIS  CHAPTER,  SHALL  BE  APPLIED
TOWARD  THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY.
TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR
ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT  UNTIL  THE  TUITION
CREDIT  IS  CALCULATED  AND  APPLIED AGAINST THE TUITION CHARGED FOR THE
CORRESPONDING SEMESTER, QUARTER OR  TERM.  PROVIDED,  FURTHER  THAT  THE
REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLO-
CATED  TO  EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUS-
TEES TO SUPPORT  INVESTMENTS  IN  NEW  CLASSROOM  FACULTY,  INSTRUCTION,
INITIATIVES  TO  IMPROVE  STUDENT  SUCCESS  AND ON-TIME COMPLETION AND A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
  (IV) On or before November thirtieth, two thousand  [seventeen]  TWEN-
TY-ONE,  the  trustees  shall  approve  and  submit to the chairs of the
assembly ways and means committee and the senate finance  committee  and
to  the  director  of the budget a master tuition plan setting forth the
tuition rates that  the  trustees  propose  for  resident  undergraduate
students  for  the  four  year  period  commencing with the two thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one] TWENTY-FIVE academic year, and shall submit any proposed  amend-
ments  to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR.
  [(iv)] (V) Beginning in state fiscal  year  two  thousand  twelve--two
thousand  thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate  and  make  available
state support for operating expenses, including fringe benefits, for the
city  university  in an amount not less than the amount appropriated and
made available in the prior state fiscal year; provided,  however,  that
if the governor declares a fiscal emergency, and communicates such emer-
gency to the temporary president of the senate and speaker of the assem-
bly,  state  support  for operating expenses of the state university and
city university may be reduced in a manner proportionate to one another,
and the aforementioned provisions shall not apply.
  [(v)] (VI) Beginning in state fiscal year two thousand  seventeen--two
thousand  eighteen and ending in state fiscal year two thousand twenty--
two thousand twenty-one, the state shall appropriate and make  available

S. 7506                            48                            A. 9506

general  fund operating support, including fringe benefits, for the city
university in an amount not less than the amount appropriated  and  made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support  for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one  another,  and  the
aforementioned  provisions  shall not apply; provided further, the state
shall appropriate and make available general fund support to fully  fund
the  tuition  credit  pursuant to subdivision two of section six hundred
sixty-nine-h of this chapter.
  (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE  CITY  UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN  A  MANNER  PROPORTIONATE  TO  ONE
ANOTHER,  AND  THE  AFOREMENTIONED  PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
SUPPORT  TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER.
  § 4. Section 16 of chapter 260 of  the  laws  of  2011,  amending  the
education  law  and the New York state urban development corporation act
relating to establishing components of the NY-SUNY 2020 challenge  grant
program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
of 2017, is amended to read as follows:
  § 16. This act shall take effect July 1, 2011; provided that  sections
one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
thirteen of this act shall expire [10] 14  years  after  such  effective
date  when  upon  such  date  the provisions of this act shall be deemed
repealed; and provided further that sections  fourteen  and  fifteen  of
this  act  shall expire 5 years after such effective date when upon such
date the provisions of this act shall be deemed repealed.
  § 5. This act shall take effect immediately; provided,  however,  that
the  amendments  to  subparagraph  4  of paragraph h of subdivision 2 of
section 355 of the education law made by section one of this act and the
amendments to paragraph (a) of subdivision 7  of  section  6206  of  the
education  law  made  by  section three of this act shall not affect the
expiration of such paragraph and subparagraph and  shall  be  deemed  to
expire therewith.

                                 PART E

  Section  1.  Paragraph  (d)  of  subdivision 1 of section 669-h of the
education law, as amended by section 1 of part T of chapter  56  of  the
laws of 2018, is amended to read as follows:
  (d)  has  an  adjusted  gross  income for the qualifying year, as such
terms are defined in this subdivision, equal to or less  than:  (i)  one
hundred  thousand  dollars  for recipients receiving an award in the two
thousand  seventeen--two  thousand  eighteen  academic  year;  (ii)  one
hundred  ten  thousand  dollars for recipients receiving an award in the
two thousand eighteen--two thousand nineteen academic year; [and]  (iii)

S. 7506                            49                            A. 9506

one  hundred  twenty-five  thousand  dollars for recipients receiving an
award in the two thousand nineteen--two thousand twenty  academic  year;
(IV)  ONE  HUNDRED THIRTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS RECEIVING
AN  AWARD  IN  THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC
YEAR; AND (V) ONE HUNDRED FIFTY THOUSAND DOLLARS FOR RECIPIENTS  RECEIV-
ING  AN  AWARD  IN  THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
ACADEMIC YEAR and thereafter; and
  § 2. This act shall take effect immediately.

                                 PART F

  Section 1. Subdivision 3 of section 667-d of  the  education  law,  as
amended  by  section  1  of part W of chapter 56 of the laws of 2018, is
amended to read as follows:
  3. Income. An award shall be made to an applicant who has an  adjusted
gross  income for the qualifying year, as such terms are defined in this
subdivision, equal to or less than: (i) one hundred thousand dollars for
recipients receiving an award in the two thousand  seventeen--two  thou-
sand  eighteen  academic year; (ii) one hundred ten thousand dollars for
recipients receiving an award in the two thousand eighteen--two thousand
nineteen academic year; [and] (iii)  one  hundred  twenty-five  thousand
dollars  for recipients receiving an award in the two thousand nineteen-
-two thousand twenty academic year; (IV) ONE HUNDRED  THIRTY-FIVE  THOU-
SAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND TWEN-
TY--TWO  THOUSAND  TWENTY-ONE  ACADEMIC  YEAR; AND (V) ONE HUNDRED FIFTY
THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE  TWO  THOUSAND
TWENTY-ONE--TWO   THOUSAND  TWENTY-TWO  ACADEMIC  YEAR  and  thereafter.
Adjusted gross income shall be the total of the combined adjusted  gross
income of the applicant and the applicant's parents or the applicant and
the  applicant's  spouse,  if  married.  Qualifying  year  shall  be the
adjusted gross income as reported on the federal income tax  return,  or
as otherwise obtained by the corporation, for the calendar year coincid-
ing with the tax year established by the U.S. department of education to
qualify applicants for federal student financial aid programs authorized
by  Title IV of the Higher Education Act of nineteen hundred sixty-five,
as amended, for the school year in which application for  assistance  is
made. Provided, however, if an applicant demonstrates to the corporation
that  there  has been a change in such applicant's adjusted gross income
in the year or years subsequent to the qualifying year which would qual-
ify such applicant for an award, the corporation shall review and make a
determination as to whether such applicant  meets  the  requirement  set
forth  in  this  subdivision  based on such year. Provided, further that
such change was caused by the death, permanent  and  total  physical  or
mental disability, divorce, or separation by judicial decree or pursuant
to  an  agreement of separation which is filed with a court of competent
jurisdiction of any person whose income  was  required  to  be  used  to
compute the applicant's total adjusted gross income.
  § 2. This act shall take effect immediately.

                                 PART G

  Section  1. Section 1503 of the business corporation law is amended by
adding a new paragraph (h) to read as follows:
  (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING  AS
A  PROFESSIONAL  SERVICE  CORPORATION  FORMED  TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED

S. 7506                            50                            A. 9506

UNDER ARTICLE ONE HUNDRED FORTY-NINE  OF  THE  EDUCATION  LAW  SHALL  BE
REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS  OF  A  PROFES-
SIONAL  SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  SEVENTY-FOUR  HUNDRED
FOUR  OF  THE  EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,  THE  FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH  RULES PROMULGATED BY THE STATE BOARD OF
REGENTS.  NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM
THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.  SUCH  A  FIRM  SHALL
HAVE  ATTACHED  TO  ITS  CERTIFICATE  OF  INCORPORATION A CERTIFICATE OR
CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN
LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF THIS SECTION.
  § 2. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING  AS
A  PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE  SHARES  TO  INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH
SUCH  CORPORATION  IS  AUTHORIZED  TO  PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION  IN  SUCH  CORPORATION  OR  A
PREDECESSOR  ENTITY,  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES  ARE
ISSUED  AND  MAY  ALSO  ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
  (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II)  AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
  (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED  PUBLIC
ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
NO  SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS  ARTICLE  SHALL  ENTER  INTO  A
VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME  CORPORATION,
THE  AUTHORITY  TO  EXERCISE  VOTING  POWER  OF ANY OR ALL OF HIS OR HER
SHARES. ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED  IN
VIOLATION OF THIS SECTION SHALL BE VOID.
  § 3. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:

S. 7506                            51                            A. 9506

  (C)  THE  DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING  AS  A  PROFESSIONAL  SERVICE  CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE  MAY  INCLUDE  INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY,  PROVIDED  HOWEVER  THAT  AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE  OFFI-
CER  OR  OFFICERS  ARE  AUTHORIZED  BY  LAW TO PRACTICE IN ANY STATE THE
PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED  TO  PRACTICE,  AND  ARE
EITHER  SHAREHOLDERS  OF  SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
THEIR PROFESSIONS IN SUCH CORPORATION.
  § 4. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification  of  shareholders,  directors,   officers   and
          employees.
  If  any  shareholder,  director, officer or employee of a professional
service corporation, including  a  design  professional  service  corpo-
ration,  who  has  been  rendering  professional  service  to the public
becomes legally disqualified to practice his OR  HER  profession  within
this  state,  he  OR  SHE shall sever all employment with, and financial
interests (other than interests as  a  creditor)  in,  such  corporation
forthwith  or as otherwise provided in section 1510 of this article. All
provisions of law regulating the rendering of professional services by a
person elected or appointed to a public office shall be applicable to  a
shareholder,  director,  officer and employee of such corporation in the
same manner and to the same extent as if fully set  forth  herein.  Such
legal  disqualification  to  practice  his OR HER profession within this
state shall be deemed to constitute an irrevocable offer by the disqual-
ified shareholder to sell his OR HER shares to the corporation, pursuant
to the provisions of section 1510 of this article or of the  certificate
of  incorporation,  by-laws  or  agreement among the corporation and all
shareholders, whichever is applicable. Compliance with the terms of such
offer shall be specifically enforceable in the courts of this  state.  A
professional  service  corporation's  failure to enforce compliance with
this provision shall constitute a ground for forfeiture of  its  certif-
icate of incorporation and its dissolution.
  § 5. Paragraph (a) of section 1511 of the business corporation law, as
amended  by  chapter 550 of the laws of 2011, is amended and a new para-
graph (c) is added to read as follows:
  (a) No shareholder of a professional service corporation [or], INCLUD-
ING a design professional service corporation, may sell or transfer  his
OR  HER  shares  in such corporation except to another individual who is
eligible to have shares issued to him OR  HER  by  such  corporation  or
except  in  trust to another individual who would be eligible to receive
shares if he OR SHE were employed by  the  corporation.  Nothing  herein
contained shall be construed to prohibit the transfer of shares by oper-
ation  of  law or by court decree.  No transferee of shares by operation
of law or court decree may vote the shares for  any  purpose  whatsoever
except  with  respect to corporate action under sections 909 and 1001 of
this chapter. The restriction in the preceding sentence shall not apply,
however, where such transferee would be eligible to have  shares  issued
to  him  OR HER if he OR SHE were an employee of the corporation and, if
there are other shareholders, a  majority  of  such  other  shareholders
shall fail to redeem the shares so transferred, pursuant to section 1510
of  this  article, within sixty days of receiving written notice of such
transfer. Any sale or transfer, except by  operation  of  law  or  court

S. 7506                            52                            A. 9506

decree  or  except for a corporation having only one shareholder, may be
made only after the same shall have been approved by the board of direc-
tors, or at a shareholders' meeting specially called for such purpose by
such  proportion, not less than a majority, of the outstanding shares as
may be provided in the certificate of incorporation or in the by-laws of
such professional service corporation. At such shareholders' meeting the
shares held by the shareholder proposing to sell or transfer his OR  HER
shares  may  not  be voted or counted for any purpose, unless all share-
holders consent that such shares be voted or counted. The certificate of
incorporation or the by-laws of the professional service corporation, or
the professional service corporation and  the  shareholders  by  private
agreement,  may  provide,  in  lieu  of  or in addition to the foregoing
provisions, for the alienation of shares and may require the  redemption
or purchase of such shares by such corporation at prices and in a manner
specifically set forth therein. The existence of the restrictions on the
sale  or transfer of shares, as contained in this article and, if appli-
cable, in the certificate of incorporation, by-laws, stock  purchase  or
stock  redemption agreement, shall be noted conspicuously on the face or
back of every certificate for shares issued by  a  professional  service
corporation.  Any  sale  or  transfer  in violation of such restrictions
shall be void.
  (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS  A
PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE,  SHALL  PURCHASE  OR  REDEEM  THE
SHARES  OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A FIRM ESTABLISHED FOR  THE  BUSINESS  PURPOSE  OF  INCORPORATING  AS  A
PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR REDEEM THE SHARES OF A TERMINATED  NON-LICENSED  PROFESSIONAL  SHARE-
HOLDER  IF  SUCH  SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION  PURSUANT  TO
THIS ARTICLE.
  § 6. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A  PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE  EVERY  THREE
YEARS  ON  OR  BEFORE  THE  DATE  PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY  LISTING  THE  NAMES  AND
RESIDENCE  ADDRESSES  OF  EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND  AT  ALL  TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
  (I)  AT  LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND  WERE  CERTI-
FIED PUBLIC ACCOUNTANTS,
  (III)  AT  LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
  (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND  THE
CHIEF  EXECUTIVE  OFFICER  OR  OFFICERS  ARE  AND  WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY  CERTIFIED  PUBLIC
ACCOUNTANT  VICE-PRESIDENT  AND  ATTESTED  TO  BY  THE  SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.

S. 7506                            53                            A. 9506

  § 7. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
  (d) "Foreign  professional  service  corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the  sharehold-
ers,  directors  and  officers  of  which are authorized and licensed to
practice the profession for which such corporation  is  licensed  to  do
business;  except  that  all  shareholders,  directors and officers of a
foreign professional service corporation which provides health  services
in  this  state  shall be licensed in this state. A FOREIGN PROFESSIONAL
SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF  PUBLIC
ACCOUNTANCY,  AS  SUCH  PRACTICE  IS  DEFINED  UNDER ARTICLE ONE HUNDRED
FORTY-NINE OF THE EDUCATION LAW,  OR  EQUIVALENT  STATE  LAW,  SHALL  BE
REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS  OF  A  FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS  STATE,  HOLD  A  VALID  LICENSE  ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION  LAW.  FOR  PURPOSES  OF  THIS  PARAGRAPH,
"FINANCIAL  INTEREST"  MEANS  CAPITAL  STOCK,  CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN  UNDISTRIBUTED  EARNINGS
OF  A  BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE  STATE
BOARD  OF  REGENTS.    NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS".  EACH  NON-LICENSEE
OWNER  OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS  OF  THE  FIRM  OR  ITS
AFFILIATED  ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTER-
EST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN  THE
BUSINESS  CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE  SERVICES  TO
CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
  § 8. Subdivision (q) of section 121-1500 of the  partnership  law,  as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
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

S. 7506                            54                            A. 9506

services in this state must be licensed pursuant to article 145, article
147  and/or  article 148 of the education law to practice one or more of
such professions in this state. Each partner  of  a  registered  limited
liability  partnership  formed  to provide licensed clinical social work
services in this state must be licensed pursuant to article 154  of  the
education law to practice clinical social work in this state. Each part-
ner  of  a  registered  limited  liability partnership formed to provide
creative arts therapy services in this state must be  licensed  pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  Each partner of a registered limited liability partnership
formed to provide marriage and family therapy  services  in  this  state
must  be  licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership  formed  to  provide  mental  health
counseling  services  in this state must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant  to  article  163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state.  A  LIMITED  LIABILITY
PARTNERSHIP  FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE  MAJORITY  OF
THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS  TO  INDIVIDUALS  LICENSED  TO
PRACTICE  PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS  IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS  STATE,  HOLD  A  VALID  LICENSE  ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW. FOR  PURPOSES  OF  THIS  SUBDIVISION,
"FINANCIAL  INTEREST"  MEANS  CAPITAL  STOCK,  CAPITAL ACCOUNTS, CAPITAL
CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN  UNDISTRIBUTED  EARNINGS
OF  A  BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE  STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER
THIS  SECTION  MAY  NOT  HAVE  NON-LICENSEE  OWNERS  IF  THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
OF  A  FIRM  THAT  IS  FORMED  UNDER THIS SECTION SHALL BE (1) A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS  OF  THE  FIRM  OR  ITS
AFFILIATED  ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A
PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL  OWNER
OF  AN  EQUITY  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS CONDUCTED BY THE  FIRM  OR  ITS  AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  §  9.  Subdivision  (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and

S. 7506                            55                            A. 9506

each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering, land surveying, geological services, architectural and/or land-
scape  architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148  of  the  education  law  to
practice  one  or  more of such professions.   EACH PARTNER OF A FOREIGN
REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND  WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE  PUBLIC  ACCOUNTANCY  IN
THIS  STATE.  Each  partner  of  a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the  education  law  to  practice
licensed  clinical  social work in this state. Each partner of a foreign
limited liability  partnership  which  provides  creative  arts  therapy
services  in  this state must be licensed pursuant to article 163 of the
education law to practice creative arts  therapy  in  this  state.  Each
partner  of  a  foreign  limited  liability  partnership  which provides
marriage and family therapy services in  this  state  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited  liabil-
ity partnership which provides mental health counseling services in this
state  must  be licensed pursuant to article 163 of the education law to
practice mental health counseling in  this  state.  Each  partner  of  a
foreign  limited  liability  partnership  which  provides psychoanalysis
services in this state must be licensed pursuant to article 163  of  the
education  law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied  behavior
analysis  services  in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior  analy-
sis  in  this state.   A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT-
ED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS  IS  IN  THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE,  HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,  "FINANCIAL
INTEREST"  MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS  OF  A  BUSINESS
ENTITY.    ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED  BY  THE  STATE  BOARD  OF
REGENTS.  NOTWITHSTANDING  THE  FOREGOING,  A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC  ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM
THAT  IS  FORMED  UNDER  THIS  SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED

S. 7506                            56                            A. 9506

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

S. 7506                            57                            A. 9506

education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145,  article  147  and
article  148 of the education law, each member of such limited liability
company must be licensed pursuant to article  145,  article  147  and/or
article  148  of  the  education  law  to  practice  one or more of such
professions in this state.   WITH  RESPECT  TO  A  PROFESSIONAL  SERVICE
LIMITED  LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE  EDUCATION  LAW  EACH
MEMBER  OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE  EDUCATION  LAW  TO  PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited  liability  company  formed  to provide licensed clinical social
work services as such services are defined in article 154 of the  educa-
tion  law,  each  member  of  such  limited  liability  company shall be
licensed pursuant to article  154  of  the  education  law  to  practice
licensed  clinical  social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined  in  article  163  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family  therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. With respect  to  a  professional  service
limited  liability  company  formed  to provide mental health counseling
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  mental  health
counseling in this state. With respect to a professional service limited
liability  company  formed  to  provide  psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article  163
of  the  education  law  to  practice psychoanalysis in this state. With
respect to a professional service limited liability  company  formed  to
provide  applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis  in  this  state.  A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE
IN  THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF
FINANCIAL  INTERESTS,  AND  VOTING  RIGHTS  HELD  BY  THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT-
ED  LIABILITY  COMPANY,  WHOSE  PRINCIPAL  PLACE  OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  SEVENTY-FOUR  HUNDRED
FOUR  OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL

S. 7506                            58                            A. 9506

INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,  THE  FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH  RULES PROMULGATED BY THE STATE BOARD OF
REGENTS.  NOTWITHSTANDING THE FOREGOING, A FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  § 12. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
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-

S. 7506                            59                            A. 9506

tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape  architectural  services  as  such services are defined in article
145, article 147 and article 148 of the education law,  each  member  of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional  service  limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides creative arts  therapy  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  With  respect  to  a  foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  marriage  and  family  therapy  in  this  state. With respect to a
foreign professional service limited liability  company  which  provides
mental  health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such  foreign  professional
service  limited  liability company must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited  liability
company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
TICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE  IS  RESPECTIVELY  DEFINED
UNDER  ARTICLE  149  OF  THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1)
THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINAN-
CIAL  INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO
INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME  STATE,  AND
(2)  THAT  ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS  STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,

S. 7506                            60                            A. 9506

HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,  "FINANCIAL  INTER-
EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI-
TAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI-
TY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM  AND  ITS
OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF  THE  FIRM'S  NAME  INCLUDES  THE  WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP  OR  PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN  SUCH  ENTITY  IS  A  NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
  § 13. Notwithstanding any other provision  of  law  to  the  contrary,
there  is hereby established a fee for each non-licensee owner of a firm
that is incorporating as a professional service  corporation  formed  to
lawfully engage in the practice of public accountancy. Such non-licensee
owner  shall  pay  a  fee  of three hundred dollars to the department of
education on an annual basis.
  § 14. This act shall take effect immediately.

                                 PART H

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  may  provide, for purposes of the neighborhood
preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
year ending March 31, 2021.  Notwithstanding any other provision of law,
and  subject to the approval of the New York state director of the budg-
et, the board of directors of the state  of  New  York  mortgage  agency
shall  authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total  sum  not
to  exceed  $12,830,000,  such  transfer to be made from (i) the special
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of  the  public  authorities law, in an amount not to exceed the
actual excess balance in the special account of the  mortgage  insurance
fund,  as  determined  and  certified  by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the state of New York mortgage agency)  required  to  accomplish  the
purposes  of  such  account,  the  project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2020.
  § 2. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  may  provide,  for purposes of the rural preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31, 2021.  Notwithstanding any other provision of law,  and  subject  to

S. 7506                            61                            A. 9506

the  approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall  authorize  the
transfer  to  the  housing  trust  fund corporation, for the purposes of
reimbursing   any  costs  associated  with  rural  preservation  program
contracts authorized  by  this  section,  a  total  sum  not  to  exceed
$5,360,000, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the  special  account  of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the  fiscal  year
2019-2020  in  accordance  with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project  pool
insurance  account  of  the  mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are  sufficient  to  attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later  than  June  30,
2020.
  §  3.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes of the rural  rental  assist-
ance  program  pursuant  to  article 17-A of the private housing finance
law, a sum not to exceed $21,000,000 for the fiscal  year  ending  March
31,  2021.    Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the housing trust fund  corporation,  for  the  purposes  of
reimbursing  any  costs  associated with rural rental assistance program
contracts authorized  by  this  section,  a  total  sum  not  to  exceed
$21,000,000,  such  transfer  to be made from (i) the special account of
the mortgage insurance fund created pursuant to section  2429-b  of  the
public  authorities  law,  in  an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York  mortgage  agency  for  the
fiscal  year  2019-2020  in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves  in  the
project  pool  insurance  account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are  sufficient
to  attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the  purposes  of  such
account,  the  project  pool insurance account of the mortgage insurance
fund, such transfer shall be made as soon as practicable  but  no  later
than June 30, 2020.
  §  4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes  of  the  New  York
state  supportive  housing  program,  the  solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the  requirements
of  such  programs,  a sum not to exceed $42,641,000 for the fiscal year
ending March 31, 2021. The homeless housing and  assistance  corporation
may  enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law,  and  subject
to  the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage  agency  shall  authorize
the transfer to the homeless housing and assistance corporation, a total

S. 7506                            62                            A. 9506

sum  not  to  exceed  $42,641,000, such transfer to be made from (i) the
special account of the  mortgage  insurance  fund  created  pursuant  to
section 2429-b of the public authorities law, in an amount not to exceed
the  actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are sufficient to attain and maintain the credit rating as determined by
the  state  of  New  York  mortgage  agency,  required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage  insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2021.
  § 5. This act shall take effect immediately.

                                 PART I

  Section 1. Subdivision c of section 8 of section 4 of chapter  576  of
the  laws  of  1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by section 16 of part K of chapter  36
of the laws of 2019, is amended to read as follows:
  c.  Whenever  a  city  having  a population of one million or more has
determined the existence of an emergency pursuant to  section  three  of
this act, the provisions of this act and the New York city rent stabili-
zation  law  of nineteen hundred sixty-nine shall be administered by the
state [division of housing and community renewal] as provided in the New
York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
amended,  or  as  otherwise  provided  by law. The costs incurred by the
state [division of housing and community renewal] in administering  such
regulation  shall  be  paid by such city. All payments for such adminis-
tration shall be transmitted to  the  state  [division  of  housing  and
community  renewal]  as  follows:  on  or after April first of each year
commencing with April, nineteen hundred eighty-four, the commissioner of
housing and community renewal, IN CONSULTATION WITH THE DIRECTOR OF  THE
BUDGET,  shall  determine an amount necessary to defray the [division's]
STATE'S anticipated annual cost, and one-quarter of such amount shall be
paid by such city on or before July first of such year,  one-quarter  of
such amount on or before October first of such year, one-quarter of such
amount  on or before January first of the following year and one-quarter
of such amount on or before March thirty-first of  the  following  year.
After  the  close  of the fiscal year of the state, the commissioner, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, shall determine the amount
of all actual costs incurred in such fiscal year and shall certify  such
amount  to  such  city.  If  such certified amount shall differ from the
amount paid by the city for such fiscal  year,  appropriate  adjustments
shall  be made in the next quarterly payment to be made by such city. In
the event that the amount thereof is not paid to  the  commissioner,  IN
CONSULTATION  WITH THE DIRECTOR OF THE BUDGET, as herein prescribed, the
commissioner, IN CONSULTATION WITH THE DIRECTOR  OF  THE  BUDGET,  shall
certify the unpaid amount to the comptroller, and the comptroller shall,
to the extent not otherwise prohibited by law, withhold such amount from
any state aid payable to such city. In no event shall the amount imposed
on the owners exceed twenty dollars per unit per year.
  §  2. Subdivisions d and e of section 8 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant  protection  act  of

S. 7506                            63                            A. 9506

nineteen  seventy-four, subdivision d as amended by section 16 of part K
of chapter 36 of the laws of  2019  and  subdivision  e  as  amended  by
section  1  of  part O of chapter 57 of the laws of 2009, are amended to
read as follows:
  d.  NOTWITHSTANDING  SUBDIVISION  C  OF  THIS  SECTION  OR  ANY  OTHER
PROVISION OF LAW TO THE CONTRARY, WHENEVER THE STATE  HAS  INCURRED  ANY
COSTS  AS  A  RESULT  OF ADMINISTERING THE RENT REGULATION PROGRAM FOR A
CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE  IN  ACCORDANCE  WITH
SUBDIVISION C OF THIS SECTION, THE DIRECTOR OF THE BUDGET MAY DIRECT ANY
OTHER STATE AGENCY TO PERMANENTLY REDUCE THE AMOUNT OF ANY OTHER PAYMENT
OR  PAYMENTS  OWED TO SUCH CITY OR ANY DEPARTMENT, AGENCY, OR INSTRUMEN-
TALITY THEREOF; PROVIDED HOWEVER, THAT SUCH REDUCTION  SHALL  BE  IN  AN
AMOUNT  EQUAL  TO  THE  COSTS INCURRED BY THE STATE IN ADMINISTERING THE
RENT REGULATION PROGRAM FOR SUCH CITY IN ACCORDANCE WITH  SUBDIVISION  C
OF  THIS  SECTION. IF THE DIRECTOR OF THE BUDGET MAKES SUCH DIRECTION IN
ACCORDANCE WITH THIS SUBDIVISION, THE IMPACTED CITY SHALL NOT  MAKE  THE
PAYMENTS  REQUIRED BY SUBDIVISION C OF THIS SECTION, AND THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL NOTIFY SUCH CITY IN WRITING OF  WHAT
PAYMENT  OR PAYMENTS WILL BE REDUCED AND THE AMOUNT OF THE REDUCTION AND
SHALL SUBALLOCATE, AS NECESSARY, THE VALUE OF THE COSTS IT  INCURRED  TO
THE  AGENCY  OR  AGENCIES WHICH REDUCES THE PAYMENTS TO SUCH CITY OR ANY
DEPARTMENT, AGENCY OR AUTHORITY THEREOF IN ACCORDANCE WITH THIS SUBDIVI-
SION.
  E. The failure to pay the prescribed assessment not to  exceed  twenty
dollars  per  unit  for any housing accommodation subject to this act or
the New York city rent stabilization law of nineteen hundred  sixty-nine
shall constitute a charge due and owing such city, town or village which
has  imposed an annual charge for each such housing accommodation pursu-
ant to subdivision b of this section. Any such  city,  town  or  village
shall  be authorized to provide for the enforcement of the collection of
such charges by commencing an action or proceeding for the  recovery  of
such  fees  or  by  the filing of a lien upon the building and lot. Such
methods for the enforcement of the collection of such charges  shall  be
the sole remedy for the enforcement of this section.
  [e.] F. The division shall maintain at least one office in each county
which  is  governed  by  the  rent stabilization law of nineteen hundred
sixty-nine or this act; provided, however, that the division  shall  not
be  required  to maintain an office in the counties of Nassau, Rockland,
or Richmond.
  § 3. This act shall take effect immediately.

                                 PART J

  Section 1. The labor law is amended by adding a new section  196-b  to
read as follows:
  § 196-B.  SICK LEAVE REQUIREMENTS. 1. EVERY EMPLOYER SHALL PROVIDE ITS
EMPLOYEES WITH SICK LEAVE AS FOLLOWS:
  A. FOR EMPLOYERS WITH FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR ALL
EMPLOYEES SHALL BE PROVIDED WITH AT LEAST FIVE DAYS OF UNPAID SICK LEAVE
EACH CALENDAR YEAR.
  B. FOR EMPLOYERS WITH BETWEEN FIVE AND NINETY-NINE  EMPLOYEES  IN  ANY
CALENDAR  YEAR,  ALL EMPLOYEES SHALL BE PROVIDED WITH AT LEAST FIVE DAYS
OF PAID SICK LEAVE EACH CALENDAR YEAR.
  C. FOR EMPLOYERS WITH ONE HUNDRED OR MORE EMPLOYEES  IN  ANY  CALENDAR
YEAR,  ALL  EMPLOYEES SHALL BE PROVIDED WITH AT LEAST SEVEN DAYS OF PAID
SICK LEAVE EACH CALENDAR YEAR.

S. 7506                            64                            A. 9506

  2. THE COMMISSIONER SHALL HAVE  AUTHORITY  TO  ADOPT  REGULATIONS  AND
ISSUE  GUIDANCE  TO  EFFECTUATE  ANY  OF THE PROVISIONS OF THIS SECTION.
EMPLOYERS SHALL COMPLY WITH REGULATIONS AND GUIDANCE PROMULGATED BY  THE
COMMISSIONER  FOR  THIS PURPOSE WHICH MAY INCLUDE BUT ARE NOT LIMITED TO
STANDARDS  FOR  THE  ACCRUAL,  USE, PAYMENT, AND EMPLOYEE ELIGIBILITY OF
PAID SICK LEAVE.
  3. EMPLOYEES SHALL ACCRUE SICK LEAVE AT A RATE OF NOT  LESS  THAN  ONE
HOUR  PER  EVERY  THIRTY  HOURS WORKED, BEGINNING AT THE COMMENCEMENT OF
EMPLOYMENT OR THE EFFECTIVE DATE OF THIS SECTION,  WHICHEVER  IS  LATER,
SUBJECT TO THE USE AND ACCRUAL LIMITATIONS SET FORTH IN THIS SECTION.
  4. THE PROVISIONS OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER SHALL
BE  APPLICABLE  TO  THE BENEFITS AFFORDED UNDER THIS SECTION, INCLUDING,
BUT NOT LIMITED TO, REQUESTING SICK LEAVE AND USING SICK LEAVE.
  § 2. This act shall take effect one year after it shall have become  a
law.

                                 PART K

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  L  of  chapter  56  of  the  laws  of 2019, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$148.00] $150.00 for each month beginning on or after
January first, two thousand [nineteen] TWENTY.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$171.00] $174.00 for each month  beginning  on
or after January first, two thousand [nineteen] TWENTY.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$204.00]  $207.00  for  each  month
beginning on or after January first, two thousand [nineteen] TWENTY.
  (d)  for  the  period  commencing January first, two thousand [twenty]
TWENTY-ONE, the monthly personal needs  allowance  shall  be  an  amount
equal  to  the sum of the amounts set forth in subparagraphs one and two
of this paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [twenty] TWENTY-ONE, but prior to June thirtieth, two thousand
[twenty] TWENTY-ONE, rounded to the nearest whole dollar.
  § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
L of chapter 56 of the laws of 2019, are amended to read as follows:
  (a) On and after January first, two thousand [nineteen] TWENTY, for an
eligible individual living alone, [$858.00] $870.00; and for an eligible
couple living alone, [$1,261.00] $1,279.00.
  (b) On and after January first, two thousand [nineteen] TWENTY, for an
eligible individual living with others with or without  in-kind  income,
[$794.00] $806.00; and for an eligible couple living with others with or
without in-kind income, [$1,203.00] $1,221.00.
  (c)  On  and  after January first, two thousand [nineteen] TWENTY, (i)
for an eligible individual receiving family care, [$1,037.48]  $1,049.48
if he or she is receiving such care in the city of New York or the coun-
ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible

S. 7506                            65                            A. 9506

couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual  receiving  such  care  in  any other county in the state, [$999.48]
$1,011.48; and (iv) for an eligible couple receiving such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d) On and after January first, two thousand  [nineteen]  TWENTY,  (i)
for  an  eligible  individual  receiving  residential  care, [$1,206.00]
$1,218.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1,176.00] $1,188.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  On  and  after January first, two thousand [nineteen] TWENTY, (i)
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1,465.00]  $1,477.00;  and  (ii)  for  an  eligible  couple  receiving
enhanced residential care, two times the amount set  forth  in  subpara-
graph (i) of this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [twenty] TWENTY-ONE
but prior to June thirtieth, two thousand [twenty] TWENTY-ONE.
  § 3. This act shall take effect December 31, 2020.

                                 PART L

  Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
                               ARTICLE 5-C
      JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
            REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
PART 1. GENERAL PROVISIONS (581-101 - 581-102)
     2. JUDGMENT OF PARENTAGE (581-201 - 581-206)
     3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
     4. SURROGACY AGREEMENT (581-401 - 581-409)
     5. PAYMENT TO DONORS AND PERSONS ACTING AS  SURROGATES  (581-501  -
          581-502)
     6. SURROGATES' BILL OF RIGHTS (581-601 - 581-607)
     7. MISCELLANEOUS PROVISIONS (581-701 - 581-704)

                                 PART 1
                           GENERAL PROVISIONS
SECTION 581-101. PURPOSE.
        581-102. DEFINITIONS.
  §  581-101.  PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS  WHERE  THE  CHILD  IS
CONCEIVED  THROUGH  ASSISTED  REPRODUCTION EXCEPT FOR CHILDREN BORN TO A
PERSON ACTING AS SURROGATE WHO CONTRIBUTED THE EGG USED  IN  CONCEPTION.
NO  FERTILIZED  EGG,  EMBRYO  OR FETUS SHALL HAVE ANY INDEPENDENT RIGHTS

S. 7506                            66                            A. 9506

UNDER THE LAWS OF THIS STATE, NOR SHALL ANY FERTILIZED  EGG,  EMBRYO  OR
FETUS BE VIEWED AS A CHILD UNDER THE LAWS OF THIS STATE.
  § 581-102. DEFINITIONS.  (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
CAUSING  PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS NOT
LIMITED TO:
  1. INTRAUTERINE OR VAGINAL INSEMINATION;
  2. DONATION OF GAMETES;
  3. DONATION OF EMBRYOS;
  4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
  5. INTRACYTOPLASMIC SPERM INJECTION.
  (B) "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY  BE
DETERMINED UNDER THIS ACT OR OTHER LAW.
  (C)  "COMPENSATION"  MEANS  PAYMENT  OF  ANY VALUABLE CONSIDERATION IN
EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
  (D) "DONOR" MEANS AN INDIVIDUAL WHO DOES NOT INTEND TO BE A PARENT WHO
PRODUCES GAMETES AND PROVIDES THEM TO ANOTHER  PERSON,  OTHER  THAN  THE
INDIVIDUAL'S  SPOUSE,  FOR  USE IN ASSISTED REPRODUCTION.  THE TERM DOES
NOT INCLUDE A PERSON WHO IS A PARENT UNDER PART THREE OF  THIS  ARTICLE.
DONOR  ALSO  INCLUDES  AN INDIVIDUAL WHO HAD DISPOSITIONAL CONTROL OF AN
EMBRYO OR GAMETES WHO THEN TRANSFERS DISPOSITIONAL CONTROL AND  RELEASES
ALL  PRESENT  AND FUTURE PARENTAL AND INHERITANCE RIGHTS AND OBLIGATIONS
TO A RESULTING CHILD.
  (E) "EMBRYO" MEANS A CELL OR  GROUP  OF  CELLS  CONTAINING  A  DIPLOID
COMPLEMENT  OF  CHROMOSOMES  OR  GROUP  OF  SUCH  CELLS, NOT A GAMETE OR
GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN  BEING
IF  TRANSFERRED  INTO  THE  BODY  OF  A PERSON UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
  (F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO  THE  UTERINE
CAVITY.
  (G)  "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA THAT
HAS THE POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH  ANOTHER  GAMETE.
SPERM  AND  EGGS  SHALL  BE  CONSIDERED  GAMETES. A HUMAN GAMETE USED OR
INTENDED FOR REPRODUCTION MAY NOT CONTAIN  NUCLEAR  DNA  THAT  HAS  BEEN
DELIBERATELY  ALTERED,  OR  NUCLEAR DNA FROM ONE HUMAN COMBINED WITH THE
CYTOPLASM OR CYTOPLASMIC DNA OF ANOTHER HUMAN BEING.
  (H) "INDEPENDENT ESCROW AGENT" MEANS SOMEONE OTHER THAN THE PARTIES TO
A SURROGACY AGREEMENT AND THEIR ATTORNEYS. AN INDEPENDENT  ESCROW  AGENT
CAN,  BUT  NEED  NOT,  BE  A  SURROGACY PROGRAM, PROVIDED SUCH SURROGACY
PROGRAM IS OWNED OR MANAGED BY AN ATTORNEY LICENSED TO PRACTICE  LAW  IN
THE  STATE OF NEW YORK. IF SUCH INDEPENDENT ESCROW AGENT IS NOT ATTORNEY
OWNED, IT SHALL BE LICENSED, BONDED AND INSURED.
  (I) "SURROGACY  AGREEMENT"  IS  AN  AGREEMENT  BETWEEN  AT  LEAST  ONE
INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
LIVE  BIRTH  WHERE  THE  CHILD  WILL  BE THE LEGAL CHILD OF THE INTENDED
PARENTS.
  (J) "PERSON ACTING  AS  SURROGATE"  MEANS  AN  ADULT  PERSON,  NOT  AN
INTENDED  PARENT,  WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR A CHILD
WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD.
  (K) "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR  CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A SIMILAR LAW OF ANOTHER
STATE OR COUNTRY, ACTING WITHIN HIS OR HER SCOPE OF PRACTICE.
  (L)  "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO BE
LEGALLY BOUND AS THE PARENT OF A CHILD RESULTING FROM  ASSISTED  REPROD-

S. 7506                            67                            A. 9506

UCTION  OR  A  SURROGACY AGREEMENT PROVIDED HE OR SHE MEETS THE REQUIRE-
MENTS OF THIS ARTICLE.
  (M)  "IN  VITRO  FERTILIZATION"  MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
  (N) "PARENT" AS USED IN  THIS  ARTICLE  MEANS  AN  INDIVIDUAL  WITH  A
PARENT-CHILD  RELATIONSHIP CREATED OR RECOGNIZED UNDER THIS ACT OR OTHER
LAW.
  (O) "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE  THAT
IS  USED  IN  ASSISTED  REPRODUCTION, IS AN INTENDED PARENT, IS A PERSON
ACTING AS SURROGATE, OR IS THE SPOUSE OF AN INTENDED  PARENT  OR  PERSON
ACTING AS SURROGATE.
  (P)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
  (Q) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
PROVIDER.
  (R)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
SHIP.
  (S) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  (T) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR  GAMETES  INTO  THE
BODY OF A PERSON WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.

                                 PART 2
                          JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
        581-202. PROCEEDING   FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD
                   CONCEIVED THROUGH ASSISTED REPRODUCTION.
        581-203.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD
                   CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
        581-204. JUDGMENT  OF  PARENTAGE  FOR  INTENDED  PARENTS WHO ARE
                   SPOUSES.
        581-205. INSPECTION OF RECORDS.
        581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION.
  § 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD  UNDER  THE  CIRCUMSTANCES
SET  FORTH  IN  THIS  ARTICLE.  THIS PROCEEDING IS GOVERNED BY THE CIVIL
PRACTICE LAW AND RULES.
  (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
  (C) A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A  CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION MAY BE INITIATED BY (1) A CHILD,
OR  (2)  A PARENT, OR (3) A PARTICIPANT, OR (4) A PERSON WITH A CLAIM TO
PARENTAGE, OR (5) SOCIAL SERVICES OFFICIAL OR OTHER GOVERNMENTAL  AGENCY
AUTHORIZED  BY  OTHER  LAW, OR (6) A REPRESENTATIVE AUTHORIZED BY LAW TO
ACT FOR AN INDIVIDUAL WHO WOULD OTHERWISE  BE  ENTITLED  TO  MAINTAIN  A
PROCEEDING  BUT  WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO
LEGALLY ESTABLISH THE CHILD-PARENT RELATIONSHIP OF EITHER A  CHILD  BORN
THROUGH  ASSISTED  REPRODUCTION  UNDER  PART  THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A SURROGACY AGREEMENT UNDER  PART  FOUR  OF  THIS
ARTICLE.

S. 7506                            68                            A. 9506

  §  581-202.  PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
THROUGH ASSISTED REPRODUCTION.   (A) A  PROCEEDING  FOR  A  JUDGMENT  OF
PARENTAGE  WITH  RESPECT  TO  A CHILD CONCEIVED THROUGH ASSISTED REPROD-
UCTION MAY BE COMMENCED:
  (1)  IF THE INTENDED PARENT OR CHILD RESIDES IN NEW YORK STATE, IN THE
COUNTY WHERE THE INTENDED PARENT RESIDES ANY  TIME  AFTER  PREGNANCY  IS
ACHIEVED OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
  (2)  IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK STATE,
UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY  WHERE  THE
CHILD WAS BORN.
  (B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED.
  (C) WHERE A PETITION INCLUDES THE FOLLOWING STATEMENTS, THE COURT MUST
ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE CHILD:
  (1)  A  STATEMENT  THAT  AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF AN INTENDED PARENT  IS  NOT  A  NEW
YORK  STATE  RESIDENT,  THAT  THE CHILD WILL BE OR WAS BORN IN THE STATE
WITHIN NINETY DAYS OF FILING; AND
  (2) A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE  GESTATING
INTENDED  PARENT  BECAME  PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
AND
  (3) IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A  STATE-
MENT  FROM  THE  GESTATING  INTENDED  PARENT  AND NON-GESTATING INTENDED
PARENT THAT THE NON-GESTATING  INTENDED  PARENT  CONSENTED  TO  ASSISTED
REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
  (4) PROOF OF ANY DONOR'S DONATIVE INTENT.
  (D)  THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
  (1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
PREVIOUSLY BEEN RELEASED TO A GAMETE OR EMBRYO STORAGE  FACILITY  OR  IN
THE PRESENCE OF A HEALTH CARE PRACTITIONER, EITHER:
  (I)  A  STATEMENT  OR  DOCUMENTATION FROM THE GAMETE OR EMBRYO STORAGE
FACILITY OR HEALTH CARE PRACTITIONER STATING OR DEMONSTRATING THAT  SUCH
GAMETES  OR  EMBRYOS  WERE  ANONYMOUSLY  DONATED  OR HAD PREVIOUSLY BEEN
RELEASED; OR
  (II) CLEAR AND CONVINCING EVIDENCE THAT THE  GAMETE  OR  EMBRYO  DONOR
INTENDED TO DONATE GAMETES OR EMBRYOS ANONYMOUSLY OR INTENDED TO RELEASE
SUCH GAMETES OR EMBRYOS TO A GAMETE OR EMBRYO STORAGE FACILITY OR HEALTH
CARE PRACTITIONER; OR
  (2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A.  A RECORD
FROM  THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
ING THAT THE DONOR HAS  NO  PARENTAL  OR  PROPRIETARY  INTEREST  IN  THE
GAMETES  OR  EMBRYOS.    THE  RECORD  SHALL  BE  SIGNED BY THE GESTATING
INTENDED PARENT AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY  BE,  BUT
IS NOT REQUIRED TO BE, SIGNED:
  (I) BEFORE A NOTARY PUBLIC, OR
  (II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
  (III) BEFORE A HEALTH CARE PRACTITIONER; OR
  B.  CLEAR  AND  CONVINCING  EVIDENCE  THAT  THE GAMETE OR EMBRYO DONOR
AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT  THAT  THE  DONOR
HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
  (3)  IN  THE  ABSENCE  OF  EVIDENCE  PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR  AT  LEAST  TWENTY  DAYS
PRIOR  TO  THE  PROCEEDING  BY  DELIVERY  OF  A COPY OF THE PETITION AND
NOTICE. UPON A SHOWING TO THE COURT, BY AFFIDAVIT OR  OTHERWISE,  ON  OR
BEFORE  THE  DATE  OF  THE PROCEEDING OR WITHIN SUCH FURTHER TIME AS THE
COURT MAY ALLOW, THAT PERSONAL SERVICE CANNOT BE EFFECTED AT THE DONOR'S

S. 7506                            69                            A. 9506

LAST KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN,  WITHOUT
PRIOR  COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEED-
ING BY REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S  LAST  KNOWN
ADDRESS.  NOTICE  BY  PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (4) NOTWITHSTANDING THE ABOVE,  WHERE  SPERM  IS  PROVIDED  UNDER  THE
SUPERVISION  OF  A  HEALTH  CARE  PRACTITIONER TO SOMEONE OTHER THAN THE
SPERM PROVIDER'S INTIMATE PARTNER OR SPOUSE  WITHOUT  A  RECORD  OF  THE
SPERM  PROVIDER'S INTENT TO PARENT, THE SPERM PROVIDER IS PRESUMED TO BE
A DONOR AND NOTICE IS NOT REQUIRED.
  (E) IN CASES NOT COVERED BY SUBDIVISION (C) OF THIS SECTION, THE COURT
SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH  PART  THREE
OF THIS ARTICLE.
  (F)  WHERE THE REQUIREMENTS OF SUBDIVISION (C) OF THIS SECTION ARE MET
OR WHERE THE COURT FINDS THE INTENDED PARENT TO BE A PARENT UNDER SUBDI-
VISION (E) OF THIS SECTION, THE COURT SHALL ISSUE A JUDGMENT OF  PARENT-
AGE:
  (1)  DECLARING,  THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
IS THE LEGAL PARENT OF THE CHILD; AND
  (2) ORDERING THE INTENDED PARENT  TO  ASSUME  RESPONSIBILITY  FOR  THE
MAINTENANCE  AND  SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
  (3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT  A  PARENT  OF
THE CHILD; AND
  (4) ORDERING THAT:
  (I)  PURSUANT  TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
THE CLERK OF THE COURT SHALL  TRANSMIT  TO  THE  STATE  COMMISSIONER  OF
HEALTH,  OR  FOR  A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE  COMMISSION-
ER,  A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
AS MAY ASSIST IN IDENTIFYING  THE  BIRTH  RECORD  OF  THE  PERSON  WHOSE
PARENTAGE  WAS  IN  ISSUE  AND,  IF SUCH PERSON WHOSE PARENTAGE HAS BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
FORTHWITH TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL  SERVICES
PURSUANT  TO  SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES
LAW A NOTIFICATION OF SUCH DETERMINATION; AND
  (II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE  PUBLIC
HEALTH  LAW  AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
OF A JUDGMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE  A  CHILD  IS  BORN
WILL  REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND  THE  BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
OUSLY ISSUED BIRTH CERTIFICATE.
  § 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  CONCEIVED
PURSUANT  TO A SURROGACY AGREEMENT.  (A) THE PROCEEDING MAY BE COMMENCED
(1) IN ANY COUNTY WHERE AN INTENDED PARENT RESIDED ANY  TIME  AFTER  THE
SURROGACY  AGREEMENT WAS EXECUTED; (2) IN THE COUNTY WHERE THE CHILD WAS
BORN OR RESIDES; OR (3) IN THE COUNTY WHERE THE  SURROGATE  RESIDED  ANY
TIME AFTER THE SURROGACY AGREEMENT WAS EXECUTED.
  (B)  THE  PROCEEDING  MAY BE COMMENCED AT ANY TIME AFTER THE SURROGACY
AGREEMENT HAS BEEN EXECUTED AND SHALL BE JOINTLY FILED BY  ALL  INTENDED
PARENTS AND THE PERSON ACTING AS SURROGATE.
  (C)  THE  PETITION  FOR  A  JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:

S. 7506                            70                            A. 9506

  (1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINE-
TY DAYS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
  (2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
OR  PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
  (3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT  THEY
KNOWINGLY  AND VOLUNTARILY ENTERED INTO THE SURROGACY AGREEMENT AND THAT
THE PARTIES ARE JOINTLY REQUESTING THE JUDGMENT OF PARENTAGE.
  (D) WHERE A PETITION SATISFIES SUBDIVISION (C)  OF  THIS  SECTION  THE
COURT   SHALL   ISSUE   A  JUDGMENT  OF  PARENTAGE,  WITHOUT  ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
  (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
OF  THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS ARE THE ONLY
LEGAL PARENT OR PARENTS OF THE CHILD;
  (2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
OF  THE  SURROGACY  AGREEMENT,  THE  PERSON ACTING AS SURROGATE, AND THE
SPOUSE OF THE PERSON ACTING AS SURROGATE,  IF  ANY,  IS  NOT  THE  LEGAL
PARENT OF THE CHILD;
  (3) DECLARING THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM OF
THE  SURROGACY AGREEMENT, THE DONORS, IF ANY, ARE NOT THE PARENTS OF THE
CHILD;
  (4) ORDERING THE PERSON ACTING AS SURROGATE  AND  THE  SPOUSE  OF  THE
PERSON  ACTING  AS  SURROGATE,  IF  ANY,  TO  TRANSFER  THE CHILD TO THE
INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED;
  (5) ORDERING THE INTENDED PARENT OR PARENTS TO  ASSUME  RESPONSIBILITY
FOR  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
  (6) ORDERING THAT:
  (I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE  JUDICIARY  LAW,
THE  CLERK  OF  THE  COURT  SHALL  TRANSMIT TO THE STATE COMMISSIONER OF
HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO  THE  COMMISSIONER  OF
HEALTH  OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER  FACTS
AS  MAY  ASSIST  IN  IDENTIFYING  THE  BIRTH  RECORD OF THE PERSON WHOSE
PARENTAGE WAS IN ISSUE AND, IF  THE  PERSON  WHOSE  PARENTAGE  HAS  BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
TO  THE  REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES PURSUANT
TO SECTION THREE HUNDRED SEVENTY-TWO-C OF  THE  SOCIAL  SERVICES  LAW  A
NOTIFICATION OF THE DETERMINATION; AND
  (II)  PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT  UPON  RECEIPT
OF  A  JUDGEMENT  OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT  OF
HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND THE BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL  THE  PREVI-
OUSLY ISSUED BIRTH CERTIFICATE.
  (D) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION  (C)  OF  THIS  SECTION  CANNOT BE MADE BECAUSE OF A TECHNICAL OR
NON-MATERIAL DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE  COURT
MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF PARENTAGE
IF  THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL COMPLIANCE WITH
THE REQUIREMENTS OF THIS ARTICLE.
  § 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE  THAT

S. 7506                            71                            A. 9506

APPLY,  A  JUDGMENT  OF  PARENTAGE  MAY  BE  OBTAINED UNDER THIS PART BY
INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE.  NOTHING IN  THIS  SECTION
REQUIRES  INTENDED  PARENTS  TO  BE MARRIED TO EACH OTHER IN ORDER TO BE
JOINTLY DECLARED THE PARENTS OF THE CHILD.
  §   581-205.   INSPECTION   OF  RECORDS.  COURT  RECORDS  RELATING  TO
PROCEEDINGS UNDER THIS ARTICLE SHALL BE SEALED, PROVIDED, HOWEVER,  THAT
THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, A CHILD SUPPORT UNIT
OF A SOCIAL SERVICES DISTRICT OR A CHILD SUPPORT AGENCY OF ANOTHER STATE
PROVIDING CHILD SUPPORT SERVICES PURSUANT TO TITLE IV-D OF  THE  FEDERAL
SOCIAL  SECURITY  ACT,  TO THE EXTENT NECESSARY TO PROVIDE CHILD SUPPORT
SERVICES OR FOR THE ADMINISTRATION OF THE PROGRAM PURSUANT TO TITLE IV-D
OF THE FEDERAL SOCIAL SECURITY ACT, MAY OBTAIN A COPY OF A  JUDGMENT  OF
PARENTAGE.  THE  PARTIES  TO THE PROCEEDING AND THE CHILD SHALL HAVE THE
RIGHT  TO INSPECT  THE  ENTIRE COURT RECORD, INCLUDING,  BUT NOT  LIMIT-
ED TO, THE NAME OF THE PERSON ACTING AS SURROGATE AND ANY KNOWN DONORS.
  § 581-206. JURISDICTION, AND EXCLUSIVE  CONTINUING  JURISDICTION.  (A)
PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME OR
FAMILY COURT OR SURROGATES COURT.
  (B)  SUBJECT TO THE JURISDICTIONAL STANDARDS OF SECTION SEVENTY-SIX OF
THE DOMESTIC RELATIONS LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS
ARTICLE HAS EXCLUSIVE, CONTINUING JURISDICTION OF ALL  MATTERS  RELATING
TO THE DETERMINATION OF PARENTAGE UNTIL THE CHILD ATTAINS THE AGE OF ONE
HUNDRED EIGHTY DAYS.

                                 PART 3
                     CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
        581-302. STATUS OF DONOR.
        581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
        581-304. CONSENT TO ASSISTED REPRODUCTION.
        581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
                   ASSISTED REPRODUCTION.
        581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
                   PARENTS  WHICH  TRANSFERS  LEGAL  RIGHTS AND DISPOSI-
                   TIONAL CONTROL TO ONE INTENDED PARENT.
        581-307. EFFECT OF DEATH OF INTENDED PARENT.
  § 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
  § 581-302. STATUS OF DONOR.   A DONOR IS  NOT  A  PARENT  OF  A  CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION.
  §  581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.  (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS  TO,  ASSISTED  REPROD-
UCTION  WITH  THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS PART,  IS  A
PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
  (B)  THE  COURT  SHALL  ISSUE A JUDGMENT OF PARENTAGE PURSUANT TO THIS
ARTICLE UPON APPLICATION BY ANY PARTICIPANT.
  § 581-304. CONSENT TO ASSISTED REPRODUCTION.  (A) WHERE  THE  INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
SPOUSE,  THE  CONSENT  OF  BOTH  SPOUSES TO THE ASSISTED REPRODUCTION IS
PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE  OF  THE  CHILD,
EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
  (B)  WHERE  THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
ASSISTED REPRODUCTION IS NOT A  SPOUSE,  THE  CONSENT  TO  THE  ASSISTED
REPRODUCTION  MUST  BE  IN  A RECORD IN SUCH A MANNER AS TO INDICATE THE

S. 7506                            72                            A. 9506

MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A  CHILD
TOGETHER.
  (C)  THE  ABSENCE  OF  A  RECORD  DESCRIBED IN SUBDIVISION (B) OF THIS
SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT  EXISTED  IF  THE
COURT  FINDS  BY  CLEAR  AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
THE CHILD TOGETHER.
  § 581-305. LIMITATION ON SPOUSES' DISPUTE OF  PARENTAGE  OF  CHILD  OF
ASSISTED  REPRODUCTION.    (A)  NEITHER SPOUSE MAY CHALLENGE THE MARITAL
PRESUMPTION OF PARENTAGE OF A CHILD  CREATED  BY  ASSISTED  REPRODUCTION
DURING THE MARRIAGE UNLESS ONE SPOUSE USED ASSISTED REPRODUCTION WITHOUT
THE KNOWLEDGE AND CONSENT OF THE OTHER SPOUSE.
  (B)  NOTWITHSTANDING  THE  FOREGOING,  A  MARRIED  INDIVIDUAL  MAY USE
ASSISTED REPRODUCTION AND THE MARITAL PRESUMPTION SHALL NOT APPLY IF THE
SPOUSES:
  (1) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT  OF
SEPARATION  OR  PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE  FORM  REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
  (2) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO THE USE OF ASSISTED REPRODUCTION.
  (C)  THE  LIMITATION  PROVIDED  IN  THIS  SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED  REPRODUCTION
OR ARTIFICIAL INSEMINATION.
  §  581-306.  EFFECT  OF  EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL  CONTROL  TO  ONE
INTENDED  PARENT.  (A)  AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WITH JOINT DISPOSITIONAL CONTROL OF AN EMBRYO SHALL  BE  BINDING
UNDER THE FOLLOWING CIRCUMSTANCES:
  (1) IT IS IN WRITING;
  (2)  EACH  INTENDED PARENT HAD THE ADVICE OF INDEPENDENT LEGAL COUNSEL
PRIOR TO ITS EXECUTION; AND
  (3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF  LEGAL  RIGHTS
AND DISPOSITIONAL CONTROL OCCURS ONLY UPON DIVORCE.
  (B)  THE  INTENDED PARENT WHO TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL
CONTROL OF THE EMBRYO IS NOT A PARENT OF ANY CHILD  CONCEIVED  FROM  THE
EMBRYO  UNLESS  THE  AGREEMENT  STATES  THAT  HE OR SHE CONSENTS TO BE A
PARENT AND THAT CONSENT IS NOT WITHDRAWN CONSISTENT WITH SUBDIVISION (C)
OF THIS SECTION.
  (C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL CONSENTS TO BE A PARENT, HE OR  SHE  MAY  WITHDRAW  HIS  OR  HER
CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
TY  AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF
HE OR SHE TIMELY WITHDRAWS CONSENT TO BE A PARENT HE OR  SHE  IS  NOT  A
PARENT  FOR  ANY  PURPOSE  INCLUDING  SUPPORT OBLIGATIONS BUT THE EMBRYO
TRANSFER MAY STILL PROCEED.
  (D) AN EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT  IS  NOT
IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
BE  ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS OF
THE PARTIES EXCEPT THAT THE INTENDED PARENT WHO DIVESTED HIM OR  HERSELF
OF  LEGAL  RIGHTS  AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER CONSENT.  THE  PARENT  AWARDED
LEGAL  RIGHTS  AND  DISPOSITIONAL  CONTROL OF THE EMBRYOS SHALL, IN THIS
INSTANCE, BE DECLARED TO BE THE ONLY PARENT OF THE CHILD.
  § 581-307. EFFECT OF DEATH OF INTENDED PARENT.  IF AN  INDIVIDUAL  WHO
CONSENTED  IN  A  RECORD  TO  BE  A PARENT BY ASSISTED REPRODUCTION DIES

S. 7506                            73                            A. 9506

BEFORE THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED  INDIVIDUAL
IS  NOT  A  PARENT OF THE RESULTING CHILD UNLESS THE DECEASED INDIVIDUAL
CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
AFTER  DEATH,  THE  DECEASED  INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES,  POWERS  AND  TRUSTS
LAW.
                                 PART 4
                           SURROGACY AGREEMENT
SECTION 581-401. SURROGACY AGREEMENT AUTHORIZED.
        581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.
        581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
        581-404. SURROGACY   AGREEMENT:  EFFECT  OF  SUBSEQUENT  SPOUSAL
                   RELATIONSHIP.
        581-405. TERMINATION OF SURROGACY AGREEMENT.
        581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
        581-407. INSUFFICIENT SURROGACY AGREEMENT.
        581-408. ABSENCE OF SURROGACY AGREEMENT.
        581-409. DISPUTE AS TO SURROGACY AGREEMENT.
  § 581-401. SURROGACY AGREEMENT AUTHORIZED.  (A) IF ELIGIBLE UNDER THIS
ARTICLE TO ENTER INTO A SURROGACY AGREEMENT, A PERSON ACTING  AS  SURRO-
GATE,  THE  SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, AND
THE INTENDED PARENT OR PARENTS MAY  ENTER  INTO  A  SURROGACY  AGREEMENT
WHICH  WILL  BE  ENFORCEABLE  PROVIDED THE SURROGACY AGREEMENT MEETS THE
REQUIREMENTS OF THIS ARTICLE.
  (B) A SURROGACY AGREEMENT SHALL NOT APPLY TO  THE  BIRTH  OF  A  CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
  (C)  A  SURROGACY  AGREEMENT  MAY  PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
  § 581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.    (A)  A  PERSON
ACTING  AS  SURROGATE  SHALL  BE  ELIGIBLE  TO ENTER INTO AN ENFORCEABLE
SURROGACY AGREEMENT UNDER THIS ARTICLE IF THE PERSON ACTING AS SURROGATE
HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME THE  SURROGACY  AGREEMENT
IS EXECUTED:
  (1)  THE  PERSON  ACTING  AS SURROGATE IS AT LEAST TWENTY-ONE YEARS OF
AGE; AND
  (2) THE PERSON ACTING AS SURROGATE IS A UNITED  STATES  CITIZEN  OR  A
LAWFUL PERMANENT RESIDENT OR OTHER HABITUAL RESIDENT;
  (3)  THE  PERSON  ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO
CONCEIVE THE RESULTING CHILD; AND
  (4) THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL  EVALUATION
WITH  A  HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY;
AND
  (5) THE PERSON ACTING AS SURROGATE,  AND  THE  SPOUSE  OF  THE  PERSON
ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL  PROCESS  AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHO  IS  LICENSED  TO
PRACTICE  LAW  IN  THE  STATE OF NEW YORK WHICH SHALL BE PAID FOR BY THE
INTENDED PARENT OR PARENTS EXCEPT THAT A PERSON ACTING AS SURROGATE  WHO
IS  RECEIVING  NO  COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
PARENT OR PARENTS PAY THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED
PARENT OR PARENTS ARE PAYING FOR THE INDEPENDENT LEGAL  COUNSEL  OF  THE
PERSON  ACTING  AS  SURROGATE,  AND  THE  SPOUSE OF THE PERSON ACTING AS
SURROGATE,  IF  APPLICABLE,  A  SEPARATE  RETAINER  AGREEMENT  SHALL  BE
PREPARED CLEARLY STATING THAT SUCH LEGAL COUNSEL WILL ONLY REPRESENT THE
PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
GATE,  IF  APPLICABLE, IN ALL MATTERS PERTAINING TO THE SURROGACY AGREE-

S. 7506                            74                            A. 9506

MENT, THAT SUCH LEGAL COUNSEL WILL NOT OFFER LEGAL ADVICE TO  ANY  OTHER
PARTIES  TO  THE  SURROGACY  AGREEMENT,  AND  THAT  THE  ATTORNEY-CLIENT
RELATIONSHIP LIES WITH THE PERSON ACTING AS SURROGATE AND THE SPOUSE  OF
THE PERSON ACTING AS SURROGATE, IF APPLICABLE; AND
  (6)  THE  PERSON  ACTING  AS SURROGATE HAS, OR THE SURROGACY AGREEMENT
STIPULATES THAT PRIOR TO THE  EMBRYO  TRANSFER,  THE  PERSON  ACTING  AS
SURROGATE  WILL  OBTAIN  A  HEALTH  INSURANCE  POLICY  THAT COVERS MAJOR
MEDICAL TREATMENTS AND HOSPITALIZATION AS WELL AS A SURROGATE PREGNANCY;
THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH  REIMBURSEMENT
OR  OTHER  MEANS,  BY  THE  INTENDED  PARENT OR PARENTS ON BEHALF OF THE
PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY AGREEMENT, IF  SUCH
POLICY  COMES AT AN ADDITIONAL COST TO THE PERSON ACTING AS A SURROGATE,
EXCEPT THAT A PERSON ACTING AS SURROGATE WHO  IS  RECEIVING  NO  COMPEN-
SATION  MAY  WAIVE  THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS PAY
FOR THE HEALTH INSURANCE POLICY.  THE INTENDED PARENT OR  PARENTS  SHALL
ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL CO-PAY-
MENTS,  DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED
WITH THE MEDICAL EVALUATION, PSYCHOLOGICAL SCREENING, EMBRYO  TRANSFERS,
PREGNANCY  AND  POST-NATAL  CARE, THAT ACCRUE THROUGH TWELVE WEEKS AFTER
THE BIRTH OF THE CHILD OR TERMINATION OF THE PREGNANCY, EXCEPT THAT SUCH
RESPONSIBILITY SHALL BE EXTENDED FOR UP TO SIX MONTHS AFTER THE BIRTH OF
THE CHILD OR TERMINATION OF THE PREGNANCY IN THE EVENT A MEDICAL COMPLI-
CATION RELATED TO THE PREGNANCY IS DIAGNOSED WITHIN TWELVE  WEEKS  AFTER
THE  BIRTH OF THE CHILD OR TERMINATION OR THE PREGNANCY. A PERSON ACTING
AS SURROGATE WHO IS RECEIVING NO COMPENSATION MAY  WAIVE  THE  RIGHT  TO
HAVE  THE  INTENDED  PARENT  OR PARENTS MAKE SUCH PAYMENTS OR REIMBURSE-
MENTS.
  (B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO  AN
ENFORCEABLE  SURROGACY  AGREEMENT  UNDER THIS ARTICLE IF HE, SHE OR THEY
HAVE MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY  AGREEMENT
WAS EXECUTED:
  (1)  AT  LEAST  ONE  INTENDED  PARENT  IS A UNITED STATES CITIZEN OR A
LAWFUL PERMANENT RESIDENT OR HABITUAL LAWFUL RESIDENT;
  (2) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND  ITS  EXECUTION
BY  INDEPENDENT  LEGAL  COUNSEL OF HIS, HER OR THEIR OWN CHOOSING WHO IS
LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK; AND
  (3) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE  INTIMATE  PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER SPOUSE IF:
  (I)  THEY  ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT OF SEPARATION OR PURSUANT TO  A  WRITTEN  AGREEMENT  OF  SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
  (II) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT.
  (4)  WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY TO
THE AGREEMENT, THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL  NOT  HAVE
RIGHTS OR OBLIGATIONS TO THE CHILD.
  § 581-403. REQUIREMENTS  OF SURROGACY AGREEMENT. A SURROGACY AGREEMENT
SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS  ARTICLE  AND
BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
  (A)  IT  SHALL  BE  IN A SIGNED RECORD VERIFIED OR EXECUTED BEFORE TWO
NON-PARTY WITNESSES BY:
  (1) EACH INTENDED PARENT, AND

S. 7506                            75                            A. 9506

  (2) THE PERSON ACTING AS SURROGATE,  AND  THE  SPOUSE  OF  THE  PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
  (I) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT  OF  SEPARATION  OR  PURSUANT  TO A WRITTEN AGREEMENT OF SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
  (II) HAVE BEEN LIVING SEPARATE AND APART  FOR  AT  LEAST  THREE  YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT; AND
  (B) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
  (C)  IT  SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE MEETING THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-402  OF  THIS
PART  AND  BY  THE  SPOUSE OF THE PERSON ACTING AS SURROGATE, UNLESS THE
SIGNATURE OF THE SPOUSE  OF  THE  PERSON  ACTING  AS  SURROGATE  IS  NOT
REQUIRED AS SET FORTH IN THIS SECTION; AND
  (D)  IT  SHALL  BE  EXECUTED BY INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402  OF  THIS
PART; AND
  (E) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS  SURROGATE,  IF  APPLICABLE, AND THE INTENDED PARENT OR PARENTS SHALL
HAVE BEEN REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND  THE  DURA-
TION  OF  THE  CONTRACT AND ITS EXECUTION BY SEPARATE, INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING; AND
  (F) IF THE SURROGACY AGREEMENT PROVIDES FOR  THE  PAYMENT  OF  COMPEN-
SATION  TO  THE  PERSON  ACTING AS SURROGATE, THE FUNDS FOR BASE COMPEN-
SATION AND REASONABLE ANTICIPATED ADDITIONAL EXPENSES  SHALL  HAVE  BEEN
PLACED  IN  ESCROW  WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE PERSON
ACTING AS SURROGATE COMMENCING WITH ANY  MEDICAL  PROCEDURE  OTHER  THAN
MEDICAL  EVALUATIONS  NECESSARY TO DETERMINE THE PERSON ACTING AS SURRO-
GATE'S ELIGIBILITY; AND
  (G) THE SURROGACY AGREEMENT MUST INCLUDE  INFORMATION  DISCLOSING  HOW
THE  INTENDED  PARENT  OR PARENTS WILL COVER THE MEDICAL EXPENSES OF THE
PERSON ACTING AS SURROGATE AND THE CHILD. IF  HEALTH  CARE  COVERAGE  IS
USED  TO  COVER  THE  MEDICAL  EXPENSES,  THE DISCLOSURE SHALL INCLUDE A
REVIEW OF THE HEALTH CARE POLICY PROVISIONS RELATED TO COVERAGE FOR  THE
PERSON ACTING AS SURROGATE'S PREGNANCY, INCLUDING ANY POSSIBLE LIABILITY
OF THE PERSON ACTING AS SURROGATE'S THIRD-PARTY LIABILITY LIENS OR OTHER
INSURANCE COVERAGE, AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVER-
AGE OR LIABILITY OF THE PERSON ACTING AS SURROGATE.
  (H)  THE  SURROGACY  AGREEMENT  MUST  COMPLY WITH ALL OF THE FOLLOWING
TERMS:
  (1) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE  PERSON
ACTING AS SURROGATE, IF APPLICABLE:
  (I)  THE  PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
  (II) THE PERSON ACTING AS SURROGATE  AND  THE  SPOUSE  OF  THE  PERSON
ACTING  AS  SURROGATE,  IF APPLICABLE, AGREE TO SURRENDER CUSTODY OF ALL
RESULTING CHILDREN TO THE INTENDED PARENT OR  PARENTS  IMMEDIATELY  UPON
BIRTH; AND
  (III)  THE  SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE PERSON ACTING AS  SURROGATE  AND,  IF  APPLICABLE,  THE
SPOUSE OF THE PERSON ACTING AS SURROGATE; AND
  (IV)  THE  SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURRO-
GATE TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING  THEMSELVES  AND
THEIR  PREGNANCY  INCLUDING  BUT NOT LIMITED TO, WHETHER TO CONSENT TO A
CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER,  AND  NOTWITHSTANDING  ANY

S. 7506                            76                            A. 9506

OTHER  PROVISIONS  IN  THIS  CHAPTER, PROVISIONS IN THE AGREEMENT TO THE
CONTRARY ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH  THE
RIGHT OF THE PERSON ACTING AS SURROGATE TO TERMINATE A PREGNANCY; AND
  (V) THE SURROGACY AGREEMENT SHALL PERMIT THE PERSON ACTING AS A SURRO-
GATE  TO  UTILIZE  THE  SERVICES  OF  A  HEALTH CARE PRACTITIONER OF THE
PERSON'S CHOOSING; AND
  (VI) THE SURROGACY AGREEMENT SHALL NOT LIMIT THE RIGHT OF  THE  PERSON
ACTING  AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE OR
RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING; AND
  (VII) THE SURROGACY AGREEMENT SHALL PROVIDE THAT,  UPON  REQUEST,  THE
INTENDED  PARENT  OR  PARENTS  HAVE  OR  WILL PROCURE AND PAY FOR A LIFE
INSURANCE POLICY OR  CONTRACTUAL  PERFORMANCE  INDEMNITY  OR  ACCIDENTAL
DEATH  INSURANCE POLICY FOR THE PERSON ACTING AS SURROGATE FOR THE DURA-
TION OF THE PREGNANCY AND EIGHT WEEKS  POST-BIRTH  OR  TERMINATION;  THE
PERSON ACTING AS SURROGATE MAY DESIGNATE THE BENEFICIARY OF THE PERSON'S
CHOOSING; AND
  (VIII)  THE  SURROGACY  AGREEMENT  SHALL  PROVIDE FOR THE RIGHT OF THE
PERSON ACTING AS  SURROGATE,  UPON  REQUEST,  TO  OBTAIN  COUNSELING  TO
ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
CY  AGREEMENT. THE COST OF THAT COUNSELING SHALL BE PAID BY THE INTENDED
PARENT OR PARENTS.
  (2) AS TO THE INTENDED PARENT OR PARENTS:
  (I) THE INTENDED PARENT OR PARENTS AGREE  TO  ACCEPT  CUSTODY  OF  ALL
RESULTING  CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER,
OR MENTAL OR PHYSICAL CONDITION AND REGARDLESS OF WHETHER  THE  INTENDED
EMBRYOS  WERE  TRANSFERRED DUE TO A LABORATORY ERROR WITHOUT DIMINISHING
THE RIGHTS, IF ANY, OF ANYONE  CLAIMING  TO  HAVE  A  SUPERIOR  PARENTAL
INTEREST IN THE CHILD; AND
  (II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
  (III)  THE  SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE INTENDED PARENT OR PARENTS; AND
  (IV) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS  AND  OBLI-
GATIONS  OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY AGREEMENT
ARE NOT ASSIGNABLE; AND
  (V) THE INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL,  PRIOR  TO
THE  EMBRYO  TRANSFER, DESIGNATING A GUARDIAN FOR ALL RESULTING CHILDREN
AND AUTHORIZING THEIR EXECUTOR  TO  PERFORM  THE  INTENDED  PARENT'S  OR
PARENTS' OBLIGATIONS PURSUANT TO THE SURROGACY AGREEMENT.
  § 581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL RELATION-
SHIP.  (A) AFTER THE EXECUTION OF A SURROGACY AGREEMENT UNDER THIS ARTI-
CLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS  SURRO-
GATE  DOES NOT AFFECT THE VALIDITY OF A SURROGACY AGREEMENT, THE CONSENT
OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE  AGREEMENT  SHALL
NOT  BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE SHALL
NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
  (B) THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS  DOES
NOT  AFFECT  THE  RIGHTS,  DUTIES  AND  RESPONSIBILITIES OF THE INTENDED
PARENTS AS OUTLINED IN THE SURROGACY AGREEMENT.
  § 581-405. TERMINATION OF SURROGACY AGREEMENT. AFTER THE EXECUTION  OF
A  SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS  SURRO-
GATE,  THE  SPOUSE  OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, OR
ANY INTENDED PARENT MAY TERMINATE  THE  SURROGACY  AGREEMENT  BY  GIVING
NOTICE  OF  TERMINATION  IN  A  RECORD TO ALL OTHER PARTIES. UPON PROPER
TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL

S. 7506                            77                            A. 9506

OBLIGATIONS RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE  INTENDED
PARENT  OR  PARENTS  REMAINS RESPONSIBLE FOR ALL EXPENSES THAT ARE REIM-
BURSABLE UNDER THE AGREEMENT WHICH HAVE  BEEN  INCURRED  BY  THE  PERSON
ACTING  AS  SURROGATE THROUGH THE DATE OF TERMINATION. UNLESS THE AGREE-
MENT PROVIDES OTHERWISE, THE PERSON ACTING AS SURROGATE IS  ENTITLED  TO
KEEP  ALL  PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH THE PERSON
IS ENTITLED UP UNTIL THE DATE OF TERMINATION. NEITHER A PERSON ACTING AS
SURROGATE NOR THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF  ANY,  IS
LIABLE  TO  THE  INTENDED  PARENT OR PARENTS FOR TERMINATING A SURROGACY
AGREEMENT AS PROVIDED IN THIS SECTION.
  § 581-406. PARENTAGE UNDER COMPLIANT  SURROGACY  AGREEMENT.  UPON  THE
BIRTH  OF  A  CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
AGREEMENT THAT COMPLIES WITH THIS PART,  EACH  INTENDED  PARENT  IS,  BY
OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
A SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
  §  581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE,  THE  AGREEMENT
IS  NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE  BEST  INTERESTS  OF  THE
CHILD.   AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A  JUDGMENT  OF  LEGAL
PARENTAGE.
  § 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
AGREEMENT,  THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
LAWS OF THIS STATE.
  § 581-409. DISPUTE AS TO SURROGACY AGREEMENT.  (A) UNLESS THE SURROGA-
CY AGREEMENT  PROVIDES  FOR  MANDATORY  MEDIATION  OR  ARBITRATION,  ANY
DISPUTE WHICH IS RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS
TO  PARENTAGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETER-
MINE THE  RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE  PARTIES.    ANY
PROVISION THAT PURPORTS TO REQUIRE MANDATORY MEDIATION OR ARBITRATION OF
DISPUTES AS TO PARENTAGE SHALL BE VOID AND UNENFORCEABLE.
  (B)  EXCEPT  AS  EXPRESSLY  PROVIDED  IN  THE SURROGACY AGREEMENT, THE
INTENDED PARENT OR PARENTS AND THE PERSON ACTING AS SURROGATE  SHALL  BE
ENTITLED  TO  ALL  REMEDIES  AVAILABLE  AT  LAW OR EQUITY IN ANY DISPUTE
RELATED TO THE SURROGACY AGREEMENT.
  (C) THERE SHALL BE NO SPECIFIC  PERFORMANCE  REMEDY  AVAILABLE  FOR  A
BREACH  BY  THE PERSON ACTING AS SURROGATE OF A SURROGACY AGREEMENT TERM
THAT REQUIRES THE PERSON ACTING AS SURROGATE TO  BE  IMPREGNATED  OR  TO
TERMINATE OR CONTINUE THE PREGNANCY OR TO REDUCE OR RETAIN THE NUMBER OF
FETUSES OR EMBRYOS THE PERSON ACTING AS SURROGATE IS CARRYING.

                                 PART 5
           PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
SECTION 581-501. REIMBURSEMENT.
        581-502. COMPENSATION.
  §  581-501.  REIMBURSEMENT.   (A) A DONOR WHO HAS ENTERED INTO A VALID
AGREEMENT TO BE A DONOR  MAY  RECEIVE  REIMBURSEMENT  FROM  AN  INTENDED
PARENT  OR  PARENTS  FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE
DONATION WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR  EMBR-
YOS.
  (B)  PREMIUMS  PAID  FOR  INSURANCE  AGAINST  ECONOMIC LOSSES DIRECTLY
RESULTING FROM THE RETRIEVAL  OR  STORAGE  OF  GAMETES  OR  EMBRYOS  FOR
DONATION MAY BE REIMBURSED.
  §  581-502. COMPENSATION.   (A) COMPENSATION MAY BE PAID TO A DONOR OR
PERSON ACTING AS SURROGATE BASED ON MEDICAL RISKS, PHYSICAL  DISCOMFORT,

S. 7506                            78                            A. 9506

INCONVENIENCE   AND   THE   RESPONSIBILITIES  THEY  ARE  UNDERTAKING  IN
CONNECTION WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION.  UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR FOR THE RELEASE OF A PARENTAL INTEREST IN A CHILD.
  (B)  THE  COMPENSATION,  IF  ANY,  PAID TO A DONOR OR PERSON ACTING AS
SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD  FAITH  BETWEEN  THE
PARTIES,  AND  SAID  PAYMENTS  TO A PERSON ACTING AS SURROGATE SHALL NOT
EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD  OF  UP  TO
EIGHT WEEKS AFTER THE BIRTH OF ANY RESULTING CHILDREN.
  (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
  (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
  (E)  COMPENSATION TO AN EMBRYO DONOR SHALL BE LIMITED TO STORAGE FEES,
TRANSFER COSTS AND ATTORNEYS' FEES.

                                 PART 6
                       SURROGATES' BILL OF RIGHTS
SECTION 581-601. APPLICABILITY.
        581-602. HEALTH AND WELFARE DECISIONS.
        581-603. INDEPENDENT LEGAL COUNSEL.
        581-604. HEALTH INSURANCE AND MEDICAL COSTS.
        581-605. COUNSELING.
        581-606. LIFE INSURANCE.
        581-607. TERMINATION OF SURROGACY AGREEMENT.
  § 581-601. APPLICABILITY. THE RIGHTS ENUMERATED  IN  THIS  PART  SHALL
APPLY  TO  ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
ANY SURROGACY AGREEMENT, JUDGMENT OF  PARENTAGE,  MEMORANDUM  OF  UNDER-
STANDING,  VERBAL  AGREEMENT  OR  CONTRACT  TO THE CONTRARY.   EXCEPT AS
OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR VERBAL AGREEMENT PURPORTING TO
WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS PART IS VOID AS AGAINST  PUBLIC
POLICY.    THE RIGHTS ENUMERATED IN THIS PART ARE NOT EXCLUSIVE, AND ARE
IN ADDITION TO ANY OTHER RIGHTS PROVIDED BY LAW, REGULATION, OR A SURRO-
GACY AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
  § 581-602. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS  SURROGATE
HAS  THE  RIGHT TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEM-
SELF AND THEIR PREGNANCY,  INCLUDING  BUT  NOT  LIMITED  TO  WHETHER  TO
CONSENT  TO  A  CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, TO UTILIZE
THE SERVICES OF A HEALTH CARE PRACTITIONER OF THEIR CHOOSING, WHETHER TO
TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE
NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING.
  § 581-603. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
THE RIGHT TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS  AND  THE
DURATION  OF  THE  SURROGACY  AGREEMENT AND ITS EXECUTION BY INDEPENDENT
LEGAL COUNSEL OF THEIR OWN CHOOSING WHO IS LICENSED TO PRACTICE  LAW  IN
THE STATE OF NEW YORK, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
  §  581-604.  HEALTH  INSURANCE  AND  MEDICAL COSTS. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO A HEALTH INSURANCE POLICY THAT  COVERS  MAJOR
MEDICAL TREATMENTS AND HOSPITALIZATION AS WELL AS A SURROGATE PREGNANCY;
THE  POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH REIMBURSEMENT
OR OTHER MEANS, BY THE INTENDED PARENT  OR  PARENTS  ON  BEHALF  OF  THE
PERSON  ACTING AS SURROGATE PURSUANT TO THE SURROGACY AGREEMENT, IF SUCH
POLICY COMES AT AN ADDITIONAL COST TO THE PERSON ACTING AS A  SURROGATE.
THE  INTENDED  PARENT  OR  PARENTS  SHALL  ALSO PAY FOR OR REIMBURSE THE
PERSON ACTING AS SURROGATE FOR  ALL  CO-PAYMENTS,  DEDUCTIBLES  AND  ANY
OTHER  OUT-OF-POCKET  MEDICAL  COSTS  ASSOCIATED WITH PREGNANCY, MEDICAL

S. 7506                            79                            A. 9506

EVALUATION, PSYCHOLOGICAL SCREENING  OR  EMBRYO  TRANSFERS  THAT  ACCRUE
THROUGH  TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE
PREGNANCY, EXCEPT THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR  UP  TO
SIX  MONTHS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE PREGNANCY
IN THE EVENT A MEDICAL COMPLICATION RELATED TO THE  PREGNANCY  IS  DIAG-
NOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF
THE PREGNANCY.
  §  581-605.  COUNSELING. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO
OBTAIN COUNSELING TO ADDRESS ISSUES RESULTING FROM  THEIR  PARTICIPATION
IN  A  SURROGACY  AGREEMENT,  TO  BE  PAID FOR BY THE INTENDED PARENT OR
PARENTS.
  § 581-606. LIFE INSURANCE. A PERSON ACTING AS SURROGATE HAS THE  RIGHT
TO  BE  PROVIDED WITH A LIFE INSURANCE POLICY OR CONTRACTUAL PERFORMANCE
INDEMNITY OR ACCIDENTAL DEATH INSURANCE POLICY FOR THE DURATION  OF  THE
PREGNANCY AND EIGHT WEEKS POST-BIRTH OR TERMINATION, UNLESS THE SURROGA-
CY  AGREEMENT  SPECIFIES  A SOONER TERM, WITH A BENEFICIARY OR BENEFICI-
ARIES OF THEIR CHOOSING, TO BE  PAID  FOR  BY  THE  INTENDED  PARENT  OR
PARENTS.
  §  581-607.  TERMINATION  OF  SURROGACY  AGREEMENT. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO TERMINATE  A  SURROGACY  AGREEMENT  PRIOR  TO
BECOMING  PREGNANT BY MEANS OF ASSISTED REPRODUCTION PURSUANT TO SECTION
581-405 OF THIS ARTICLE.

                                 PART 7
                        MISCELLANEOUS PROVISIONS
SECTION 581-701. REMEDIAL.
        581-702. SEVERABILITY.
        581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC  RELATIONS
                   LAW.
        581-704. INTERPRETATION.
  §  581-701.  REMEDIAL.    THIS  LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE  BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
  §  581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION  SHALL  NOT  RESULT  IN  THE
INVALIDATION OF ANY OTHER PART.
  § 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
INCLUDE  A  PERSON  ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
OTHER RELEVANT LAW.
  § 581-704. INTERPRETATION. UNLESS  THE  CONTEXT  INDICATES  OTHERWISE,
WORDS  IMPORTING  THE  SINGULAR  INCLUDE  AND  APPLY TO SEVERAL PERSONS,
PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
  § 2. Section 73 of the domestic relations law is REPEALED.
  § 3. Section 121 of the domestic relations law, as  added  by  chapter
308 of the laws of 1992, is amended to read as follows:
  §  121.  Definitions. When used in this article, unless the context or
subject matter manifestly requires a different interpretation:
  1.[ "Birth mother"] "GENETIC SURROGATE" shall mean  a  [woman]  PERSON
who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
a GENETIC surrogate parenting [contract] AGREEMENT.
  2. ["Genetic father" shall mean a man who provides sperm for the birth
of a child born pursuant to a surrogate parenting contract.
  3. "Genetic  mother"  shall  mean a woman who provides an ovum for the
birth of a child born pursuant to a surrogate parenting contract.

S. 7506                            80                            A. 9506

  4. "Surrogate parenting contract"] "GENETIC SURROGATE PARENTING AGREE-
MENT" shall mean any agreement, oral or written, in which:
  (a)  a  [woman] GENETIC SURROGATE agrees either to be inseminated with
the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or  to
be  impregnated  with  an embryo that is the product of [an] THE GENETIC
SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is  not
[her husband] THEIR SPOUSE; and
  (b)  the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
or consent to the adoption of the child born as a result of such insemi-
nation or impregnation.
  § 4. Section 122 of the domestic relations law, as  added  by  chapter
308 of the laws of 1992, is amended to read as follows:
  §   122.   Public  policy.  [Surrogate]  GENETIC  SURROGATE  parenting
[contracts] AGREEMENTS are hereby declared contrary to the public policy
of this state, and are void and unenforceable.
  § 5. Section 123 of the domestic relations law, as  added  by  chapter
308 of the laws of 1992, is amended to read as follows:
  §  123.  Prohibitions  and  penalties.  [1.] No person or other entity
shall knowingly request, accept, receive, pay or give any  fee,  compen-
sation or other remuneration, directly or indirectly, in connection with
any GENETIC surrogate parenting [contract] AGREEMENT, or induce, arrange
or   otherwise   assist  in  arranging  a  GENETIC  surrogate  parenting
[contract] AGREEMENT for a  fee,  compensation  or  other  remuneration,
except for:
  (a)  payments  in connection with the adoption of a child permitted by
subdivision six of section three  hundred  seventy-four  of  the  social
services  law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
  (b) payments for reasonable  and  actual  medical  fees  and  hospital
expenses  for artificial insemination or in vitro fertilization services
incurred by the [mother] GENETIC SURROGATE in connection with the  birth
of the child.
  [2.  (a) A birth mother or her husband, a genetic father and his wife,
and, if the genetic mother is not the birth mother, the  genetic  mother
and  her  husband  who  violate this section shall be subject to a civil
penalty not to exceed five hundred dollars.
  (b) Any other person or entity  who  or  which  induces,  arranges  or
otherwise assists in the formation of a surrogate parenting contract for
a  fee,  compensation  or  other remuneration or otherwise violates this
section shall be subject to a civil penalty not to exceed  ten  thousand
dollars  and  forfeiture  to  the state of any such fee, compensation or
remuneration in accordance with the provisions  of  subdivision  (a)  of
section  seven  thousand  two  hundred one of the civil practice law and
rules, for the first such offense.  Any person or entity  who  or  which
induces,  arranges  or otherwise assists in the formation of a surrogate
parenting contract for a fee,  compensation  or  other  remuneration  or
otherwise  violates  this  section,  after having been once subject to a
civil penalty for violating this section, shall be guilty of a felony.]
  § 6. Section 124 of the domestic relations law, as  added  by  chapter
308 of the laws of 1992, is amended to read as follows:
  §  124.  Proceedings regarding parental rights, status or obligations.
In any action or proceeding involving a dispute between the [birth moth-
er] GENETIC SURROGATE and [(i) the  genetic  father,  (ii)  the  genetic
mother,  (iii)  both  the genetic father and genetic mother, or (iv) the
parent or parents of the genetic father or  genetic  mother]  ANY  PARTY
WITH  A CLAIM TO LEGAL PARENTAGE PURSUANT TO A GENETIC SURROGATE PARENT-

S. 7506                            81                            A. 9506

ING AGREEMENT, regarding parental rights,  status  or  obligations  with
respect  to  a  child  born  pursuant  to  a GENETIC surrogate parenting
[contract] AGREEMENT:
  1.  the  court  shall not consider the [birth mother's] GENETIC SURRO-
GATE'S participation in a GENETIC surrogate parenting [contract]  AGREE-
MENT  as adverse to [her] THEIR parental rights, status, or obligations;
and
  2. the court, having regard to the circumstances of the  case  and  of
the  respective  parties  including the parties' relative ability to pay
such fees and expenses, in  its  discretion  and  in  the  interests  of
justice,  may  award  to either party reasonable and actual counsel fees
and legal expenses incurred in connection with such action  or  proceed-
ing.  Such  award  may  be  made  in  the order or judgment by which the
particular action or proceeding   is finally determined, or  by  one  or
more  orders from time to time before the final order or judgment, or by
both such order or orders and the final  order  or  judgment;  provided,
however,  that  in any dispute involving a [birth mother] GENETIC SURRO-
GATE who has executed a valid surrender  or  consent  to  the  adoption,
nothing  in this section shall empower a court to make any award that it
would not otherwise be empowered to direct.
  § 7. Section 4135 of the public health law, subdivision 1  as  amended
by  chapter 201 of the laws of 1972, subdivision 2 as amended by chapter
398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
laws of 1980, is amended to read as follows:
  § 4135. Birth certificate; child born out of  wedlock.  1.  (a)  There
shall  be  no  specific statement on the birth certificate as to whether
the child is born in wedlock or out of wedlock or as to the marital name
or status of the mother.
  (b) The phrase "child born out of wedlock" when used in this  article,
refers to a child whose father is not its mother's husband.
  2.  The  name  of the [putative] ALLEGED father of a child born out of
wedlock shall not be entered on the certificate of birth prior to filing
without (i) an  acknowledgment  of  [paternity]  PARENTAGE  pursuant  to
section  one hundred eleven-k of the social services law or section four
thousand one hundred thirty-five-b of this article executed by both  the
mother  and  [putative]  ALLEGED  father,  and  filed with the record of
birth; or (ii) notification having been received  by,  or  proper  proof
having  been  filed with, the record of birth by the clerk of a court of
competent jurisdiction or the parents, or their attorneys of a judgment,
order or decree relating to parentage.
  3. Orders relating to parentage shall  be  held  confidential  by  the
commissioner  and  shall not be released or otherwise divulged except by
order of a court of competent jurisdiction.
  § 8. Section 4135-b of the public health law, as added by  chapter  59
of  the  laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of
the laws of 2013, and subdivision 3 as amended by  chapter  170  of  the
laws of 1994, is amended to read as follows:
  §  4135-b.  Voluntary acknowledgments of [paternity; child born out of
wedlock] PARENTAGE.  1.  (a)  Immediately  preceding  or  following  the
in-hospital  birth  of  a  child  to an unmarried [woman] PERSON OR TO A
PERSON  WHO  GAVE  BIRTH  TO  A   CHILD   CONCEIVED   THROUGH   ASSISTED
REPRODUCTION, the person in charge of such hospital or his or her desig-
nated  representative shall provide to the [child's mother and putative]
UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND THE ALLEGED father,  if
such  father IS READILY IDENTIFIABLE AND AVAILABLE, OR TO THE PERSON WHO
GAVE BIRTH AND THE OTHER INTENDED PARENT OF A  CHILD  CONCEIVED  THROUGH

S. 7506                            82                            A. 9506

ASSISTED  REPRODUCTION IF SUCH PERSON is readily identifiable and avail-
able, the documents and written instructions necessary for such [mother]
PERSON OR TO A PERSON WHO  GAVE  BIRTH  TO  A  CHILD  CONCEIVED  THROUGH
ASSISTED  REPRODUCTION and [putative father] ALLEGED PERSONS to complete
an acknowledgment of [paternity] PARENTAGE witnessed by two persons  not
related  to  the  signatory.  Such  acknowledgment,  if  signed  by both
parties, at any time following the birth of a child, shall be filed with
the registrar at the same time at which the certificate of live birth is
filed, if possible, or  anytime  thereafter.  Nothing  herein  shall  be
deemed  to  require  the person in charge of such hospital or his or her
designee to seek out or otherwise locate [a putative] AN ALLEGED  father
OR  INTENDED  PARENT  OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION
who is not readily identifiable or available.
  (B) THE FOLLOWING PERSONS MAY SIGN AN ACKNOWLEDGMENT OF  PARENTAGE  TO
ESTABLISH THE PARENTAGE OF THE CHILD:
  (I) AN UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND ANOTHER PERSON
WHO IS A GENETIC PARENT.
  (II)  A  MARRIED  OR  UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND
ANOTHER PERSON WHO IS AN INTENDED PARENT UNDER SECTION  581-303  OF  THE
FAMILY COURT ACT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
  (C)  AN ACKNOWLEDGMENT OF PARENTAGE SHALL BE IN A RECORD SIGNED BY THE
PERSON WHO GAVE BIRTH TO THE CHILD AND  BY  EITHER  THE  GENETIC  PARENT
OTHER  THAN  THE PERSON WHO GAVE BIRTH TO THE CHILD OR A PERSON WHO IS A
PARENT UNDER SECTION 581-303 OF  THE  FAMILY  COURT  ACT  OF  THE  CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
  (D) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
  (I)  A  PERSON  OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
CHILD UNDER SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
  (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
  (III) ANOTHER PERSON HAS SIGNED A VALID  ACKNOWLEDGMENT  OF  PARENTAGE
WITH REGARD TO THE CHILD;
  (IV)  THE CHILD HAS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT
ACT OTHER THAN THE SIGNATORIES;
  (V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE  FAMILY
COURT ACT;
  (VI)  THE  ACKNOWLEDGEMENT IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT  OF  A  CHILD
CONCEIVED  THROUGH  ASSISTED  REPRODUCTION,  BUT  THE SIGNATORY IS NOT A
PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT.
  (E) The acknowledgment shall be executed on a  form  provided  by  the
commissioner  developed  in  consultation with the [appropriate] commis-
sioner of the [department of family assistance] OFFICE OF TEMPORARY  AND
DISABILITY  ASSISTANCE,  which  shall:  (I)  include the social security
number of the [mother and of the putative father and] SIGNATORIES;  (II)
provide  in  plain language [(i)] (A) a statement by the [mother] PERSON
WHO GAVE BIRTH TO THE CHILD consenting to the acknowledgment of  [pater-
nity]  PARENTAGE and a statement that the [putative father] OTHER SIGNA-
TORY is the only possible [father] OTHER  GENETIC  PARENT  OR  THAT  THE
OTHER  SIGNATORY  IS  AN  INTENDED  PARENT  AND  THE CHILD WAS CONCEIVED
THROUGH ASSISTED REPRODUCTION, [(ii)] (B) a statement  by  the  putative
father,  IF  ANY,  that  he  is  the biological father of the child, and
[(iii)] (C) a statement  that  the  signing  of  the  acknowledgment  of
[paternity]  PARENTAGE  by  both  parties  shall have the same force and
effect as an order of PARENTAGE OR filiation entered after a court hear-
ing by a court of competent jurisdiction,  including  an  obligation  to

S. 7506                            83                            A. 9506

provide  support  for  the  child  except  that,  only if filed with the
registrar of the district in which the birth certificate has been filed,
will the acknowledgment have such  force  and  effect  with  respect  to
inheritance  rights;  AND  (III) INCLUDE THE KNOWN ADDRESS OF ANY GAMETE
DONORS.
  [(b)] (F) Prior to the execution of an acknowledgment  of  [paternity]
PARENTAGE,  the  [mother]  PERSON  WHO  GAVE  BIRTH TO THE CHILD and the
[putative father] OTHER SIGNATORY shall be provided orally, which may be
through the use of audio or video equipment, and in  writing  with  such
information  as  is  required  pursuant  to this section with respect to
their rights and the consequences of signing a voluntary  acknowledgment
of [paternity] PARENTAGE including, but not limited to:
  (i)  that  the  signing of the acknowledgment of [paternity] PARENTAGE
shall establish the [paternity] PARENTAGE of the child  and  shall  have
the same force and effect as an order of [paternity] PARENTAGE or filia-
tion  issued  by a court of competent jurisdiction establishing the duty
of both parties to provide support for the child;
  (ii) that if such an acknowledgment is not made, the [putative father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be  held
liable  for  support only if the family court, after a hearing, makes an
order declaring that the [putative father] PERSON is the [father] PARENT
of the child whereupon the court may make an order of support which  may
be retroactive to the birth of the child;
  (iii) that if made a respondent in a proceeding to establish [paterni-
ty]  PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON WHO
GAVE BIRTH TO THE CHILD has a right  to  free  legal  representation  if
indigent;
  (iv)  that [the putative father] AN ALLEGED GENETIC PARENT has a right
to a genetic marker test or to a DNA test when available;
  (v) that  by  executing  the  acknowledgment,  the  [putative  father]
ALLEGED  GENETIC  PARENT waives [his] THEIR right to a hearing, to which
[he] THEY would otherwise be  entitled,  on  the  issue  of  [paternity]
PARENTAGE;
  (vi)  that a copy of the acknowledgment of [paternity] PARENTAGE shall
be filed with the [putative father] registry [pursuant  to]  CREATED  BY
section three hundred seventy-two-c of the social services law, and that
such  filing  may  establish  the  child's right to inheritance from the
[putative] ALLEGED father OR  THE  OTHER  INTENDED  PARENT  OF  A  CHILD
CONCEIVED  THROUGH  ASSISTED  REPRODUCTION  pursuant  to  clause  (B) of
subparagraph two of paragraph (a)  of  section  4-1.2  of  the  estates,
powers and trusts law;
  (vii)  that, if such acknowledgment is filed with the registrar of the
district in which the birth certificate has been filed, such acknowledg-
ment will establish  inheritance  rights  from  the  [putative]  ALLEGED
father  OR  THE  OTHER  INTENDED  PARENT  OF  A  CHILD CONCEIVED THROUGH
ASSISTED REPRODUCTION pursuant to clause  (A)  of  subparagraph  two  of
paragraph (a) of section 4-1.2 of the estates, powers and trusts law;
  (viii)  that  no  further  judicial  or administrative proceedings are
required to ratify an unchallenged acknowledgment of [paternity] PARENT-
AGE provided, however, that:
  (A) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
attained the age of eighteen at the time of execution of the acknowledg-
ment, shall have the right to  rescind  the  acknowledgment  within  the
earlier of sixty days from the date of signing the acknowledgment or the
date  of  an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating  to  the

S. 7506                            84                            A. 9506

child  in  which the signatory is a party, provided that the "date of an
administrative or a judicial proceeding" shall be the date by which  the
respondent is required to answer the petition;
  (B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
not  attained  the  age  of  eighteen  at  the  time of execution of the
acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
anytime  up  to  sixty  days  after the signatory's attaining the age of
eighteen years or sixty days after the date on which the  respondent  is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child, whichever is earli-
er; provided, however, that the signatory must have been advised at such
proceeding of his or her right to file a petition to vacate the acknowl-
edgment within sixty days of the date of such proceeding;
  (ix) that after the expiration of the time limits set forth in clauses
(A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
tories may challenge the  acknowledgment  of  [paternity]  PARENTAGE  in
court  only  on the basis of fraud, duress, or material mistake of fact,
with the burden of proof on the party challenging the voluntary acknowl-
edgment;
  (x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys  before
executing the acknowledgment; and that they have the right to seek legal
representation  and  supportive  services including counseling regarding
such acknowledgment;
  (xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
TO THE CHILD establishing custody and visitation rights to the child and
for requiring the [putative father's] consent  OF  THE  SIGNATORY  OTHER
THAN  THE  PERSON  WHO  GAVE  BIRTH  TO  THE  CHILD prior to an adoption
proceeding;
  (xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO  THE
CHILD  to sign the acknowledgment shall not be deemed a failure to coop-
erate in establishing [paternity for] PARENTAGE OF the child; and
  (xiii) that the child may bear the last name of either parent, OR  ANY
COMBINATION THEREOF, which name shall not affect the legal status of the
child.
In  addition,  the governing body of such hospital shall [insure] ENSURE
that appropriate staff shall provide to the [child's mother and putative
father] PERSON WHO GAVE BIRTH TO THE  CHILD  AND  THE  OTHER  SIGNATORY,
prior  to  the  [mother's] discharge from the hospital OF THE PERSON WHO
GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
obtain clarifying information  and  answers  to  their  questions  about
[paternity]  PARENTAGE  establishment,  and shall also provide the tele-
phone number of the local support collection unit.
  [(c)] (G) Within ten days after receiving the  certificate  of  birth,
the registrar shall furnish without charge to each parent or guardian of
the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
nated  by  her  for that purpose, a certified copy of the certificate of
birth and, if applicable, a certified copy of the written acknowledgment
of [paternity] PARENTAGE.  If the [mother] PERSON WHO GAVE BIRTH  is  in
receipt of child support enforcement services pursuant to title six-A of
article  three  of  the  social  services  law, the registrar also shall
furnish without charge a certified copy of the certificate of birth and,
if applicable, a certified copy of the written acknowledgment of [pater-
nity] PARENTAGE to the social services district  of  the  county  within
which the [mother] PERSON WHO GAVE BIRTH resides.

S. 7506                            85                            A. 9506

  2.  (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
ily pursuant to section one hundred eleven-k of the social services law,
the social services official shall file the executed acknowledgment with
the registrar of the district in which the birth occurred and  in  which
the birth certificate has been filed.
  (b)  Where  a  child's [paternity] PARENTAGE has not been acknowledged
voluntarily pursuant to paragraph (a) of subdivision one of this section
or paragraph (a) of this subdivision, the [child's mother and the  puta-
tive  father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant  to
this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
  (c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
attained the age of eighteen at the time of execution of the acknowledg-
ment  shall  have  the  right  to  rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including,  but  not
limited  to,  a proceeding to establish a support order) relating to the
child in which either signatory is a party; provided that  for  purposes
of  this  section, the "date of an administrative or a judicial proceed-
ing" shall be the date by which the respondent is required to answer the
petition.
  (d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
not attained the age of  eighteen  at  the  time  of  execution  of  the
acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
anytime up to sixty days after the  signatory's  attaining  the  age  of
eighteen  years  or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the  signa-
tory  is  a  party,  whichever  is  earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her  right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
  (e)  After  the  expiration of the time limits set forth in paragraphs
(c) and (d) of this subdivision, any of the  signatories  may  challenge
the  acknowledgment  of [paternity] PARENTAGE in court only on the basis
of fraud, duress, or material mistake of fact, with the burden of  proof
on  the  party challenging the voluntary acknowledgment. The acknowledg-
ment shall have full force and effect once so signed. The original or  a
copy  of  the  acknowledgment  shall  be filed with the registrar of the
district in which the birth certificate has been filed.
  3. (a) An acknowledgment of [paternity]  PARENTAGE  executed  by  [the
mother  and father of a child born out of wedlock] ANY TWO PEOPLE ELIGI-
BLE TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH  (B)  OF  SUBDIVISION
ONE OF THIS SECTION, MARRIED OR UNMARRIED, shall establish the [paterni-
ty]  PARENTAGE of a child and shall have the same force and effect as an
order of [paternity] PARENTAGE or filiation issued by a court of  compe-
tent  jurisdiction.  Such acknowledgement shall thereafter be filed with
the registrar pursuant to subdivision one or two of this section.
  (b) A registrar with whom an acknowledgment of  [paternity]  PARENTAGE
has  been filed pursuant to subdivision one or two of this section shall
file the acknowledgment with the state department  of  health  [and  the
putative father registry], NEW YORK CITY DEPARTMENT OF MENTAL HEALTH AND
HYGIENE  AND  THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES
PURSUANT TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE  SOCIAL  SERVICES
LAW.  If  the  acknowledgment includes the name and address of any known
gamete donors of a child conceived through  assisted  reproduction,  the

S. 7506                            86                            A. 9506

state  department  of  health  or the New York city department of mental
health and hygiene shall mail a copy to the known donors listed  on  the
form.
  4.  THE COURT SHALL GIVE FULL FAITH AND CREDIT TO AN ACKNOWLEDGMENT OF
PARENTAGE EFFECTIVE IN ANOTHER STATE IF  THE  ACKNOWLEDGMENT  WAS  IN  A
SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAW OF THE OTHER STATE.
  5.  A  new  certificate of birth shall be issued if the certificate of
birth of [a] THE child [born out of wedlock] as defined in paragraph (b)
of subdivision one of section four thousand one hundred  thirty-five  of
this  article  has  been filed without entry of the name of the [father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE  BIRTH,  and  the  commissioner
thereafter  receives a notarized acknowledgment of [paternity] PARENTAGE
accompanied by the written consent of the [putative father  and  mother]
PERSON  WHO  GAVE BIRTH TO THE CHILD AND OTHER SIGNATORY to the entry of
the name of such [father] PERSON, which consent may also be to a  change
in the surname of the child.
  6.  ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF PARENTAGE SIGNED
PURSUANT TO THIS SECTION OR SIGNED IN ANOTHER STATE CONSISTENT WITH  THE
LAW OF THAT STATE.
  §  9.    Paragraph  (e) of subdivision 1 of section 4138 of the public
health law, as amended by chapter 214 of the laws of 1998, is amended to
read as follows:
  (e) the certificate of birth of a child born out of wedlock as defined
in paragraph (b) of subdivision one of section four thousand one hundred
thirty-five of this article has been filed without entry of the name  of
the  [father]  SIGNATORY  OTHER  THAN  THE PERSON WHO GAVE BIRTH and the
commissioner  thereafter  receives  the  acknowledgment  of  [paternity]
PARENTAGE  pursuant  to  section  one  hundred  eleven-k  of  the social
services law or section four thousand one hundred thirty-five-b of  this
article  executed  by  the  [putative]  ALLEGED  father and [mother] THE
PERSON WHO GAVE BIRTH which authorizes the entry of  the  name  of  such
father  OR  OTHER  SIGNATORY,  and which may also authorize a conforming
change in the surname of the child.
  § 10. The article heading of article 8 of the domestic relations  law,
as  added  by  chapter  308  of  the laws of 1992, is amended to read as
follows:
                  GENETIC SURROGATE PARENTING CONTRACTS
  § 11. The general business law is amended by adding a new  article  44
to read as follows:

                               ARTICLE 44
                    REGULATION OF SURROGACY PROGRAMS
SECTION 1400. DEFINITIONS.
        1401. PROGRAMS REGULATED UNDER THIS ARTICLE.
        1402. CONFLICTS  OF  INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
                ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.
        1403. REGULATIONS.
  § 1400. DEFINITIONS. AS USED IN THIS SECTION:
  (A) THE DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT  ACT  SHALL
APPLY.
  (B)  "PAYMENT"  MEANS ANY TYPE OF MONETARY COMPENSATION OR OTHER VALU-
ABLE CONSIDERATION INCLUDING  BUT  NOT  LIMITED  TO  A  REBATE,  REFUND,
COMMISSION,  UNEARNED  DISCOUNT,  OR  PROFIT BY MEANS OF CREDIT OR OTHER
VALUABLE CONSIDERATION.

S. 7506                            87                            A. 9506

  (C) "SURROGACY PROGRAM" DOES NOT INCLUDE  ANY  PARTY  TO  A  SURROGACY
AGREEMENT  OR  ANY  PERSON  LICENSED  TO PRACTICE LAW AND REPRESENTING A
PARTY TO THE SURROGACY AGREEMENT, BUT DOES INCLUDE AND IS NOT LIMITED TO
ANY AGENCY, AGENT, BUSINESS, OR INDIVIDUAL  ENGAGED  IN,  ARRANGING,  OR
FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARD-
LESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS
OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
  § 1401. PROGRAMS  REGULATED UNDER THIS ARTICLE. THE PROVISIONS OF THIS
ARTICLE APPLY TO SURROGACY PROGRAMS  ARRANGING  OR  FACILITATING  TRANS-
ACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT UNDER PART FOUR OF ARTICLE
FIVE-C OF THE FAMILY COURT ACT IF:
  (A) THE SURROGACY PROGRAM DOES BUSINESS IN NEW YORK STATE;
  (B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
  (C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
IN NEW YORK STATE.
  § 1402. CONFLICTS  OF  INTEREST;  PROHIBITION  ON  PAYMENTS;  FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.    A  SURROGACY
PROGRAM TO WHICH THIS ARTICLE APPLIES:
  (A)  SHALL  KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE INTENDED PARENT
OR PARENTS IN AN ESCROW ACCOUNT SEPARATE FROM ITS OPERATING ACCOUNTS;
  (B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT;
  (C) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY  PERSON  LICENSED  TO  PRACTICE  LAW AND REPRESENTING A PARTY TO THE
SURROGACY AGREEMENT IN CONNECTION WITH THE REFERRAL  OF  ANY  PERSON  OR
PARTY FOR THE PURPOSE OF A SURROGACY AGREEMENT;
  (D) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY  HEALTH  CARE  PROVIDER  PROVIDING  ANY  HEALTH  SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
  (E) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
BY  ANY  HEALTH  CARE  PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT.
  (F) SHALL BE LICENSED TO OPERATE IN NEW YORK STATE PURSUANT  TO  REGU-
LATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
DEPARTMENT  OF FINANCIAL SERVICES, ONCE SUCH REGULATIONS ARE PROMULGATED
AND BECOME EFFECTIVE.
  (G) SHALL ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY  AGREEMENT,
AT  THE  TIME  OF CONSULTATION WITH SUCH SURROGACY PROGRAM, ARE PROVIDED
WITH WRITTEN NOTICE OF THE SURROGATES' BILL OF RIGHTS ENUMERATED IN PART
SIX OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
  § 1403. REGULATIONS. THE DEPARTMENT OF HEALTH,  IN  CONSULTATION  WITH
THE  DEPARTMENT  OF  FINANCIAL SERVICES, SHALL PROMULGATE REGULATIONS TO
IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE, AND SHALL ANNUALLY REPORT TO
THE STATE LEGISLATURE REGARDING THE PRACTICES OF SURROGACY PROGRAMS  AND
ALL  BUSINESS  TRANSACTIONS RELATED TO SURROGACY IN NEW YORK STATE, WITH
RECOMMENDATIONS FOR ANY NECESSARY AMENDMENTS TO THIS ARTICLE.
  § 12. The public health law is amended by adding a new article 25-B to
read as follows:
                              ARTICLE 25-B
                          GESTATIONAL SURROGACY
SECTION 2599-CC. GESTATIONAL SURROGACY.
  § 2599-CC. GESTATIONAL SURROGACY. 1. THE COMMISSIONER SHALL PROMULGATE
REGULATIONS ON THE PRACTICE OF GESTATIONAL SURROGACY.  SUCH  REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:

S. 7506                            88                            A. 9506

  (A)  GUIDELINES  AND  PROCEDURES  FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL PERSONS ACTING AS SURROGATES, INCLUDING BUT  NOT  LIMITED
TO A FULL DISCLOSURE OF ANY KNOWN HEALTH RISKS ASSOCIATED WITH ACTING AS
A SURROGATE;
  (B)  THE  DEVELOPMENT  AND  DISTRIBUTION,  IN  PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO  GESTATIONAL
SURROGACY; AND
  (C)  THE  ESTABLISHMENT  OF  A  VOLUNTARY CENTRAL TRACKING REGISTRY OF
PERSONS ACTING AS SURROGATES, AS REPORTED BY SURROGACY PROGRAMS LICENSED
BY THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF THE GENERAL BUSINESS
LAW UPON THE AFFIRMATIVE CONSENT OF A PERSON ACTING AS  SURROGATE.  SUCH
REGISTRY  SHALL  PROVIDE  A MEANS FOR GATHERING AND MAINTAINING ACCURATE
INFORMATION ON THE:
  (I) NUMBER OF TIMES A PERSON HAS ACTED AS A SURROGATE;
  (II) HEALTH INFORMATION OF THE PERSON ACTING AS SURROGATE; AND
  (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
  2. ALL SUCH REGULATIONS SHALL MAINTAIN THE  ANONYMITY  OF  THE  PERSON
ACTING  AS  SURROGATE  AND  ANY RESULTING OFFSPRING AND GOVERN ACCESS TO
INFORMATION MAINTAINED BY THE REGISTRY.
  § 13. Subdivisions 4, 5, 6, 7 and 8 of  section  4365  of  the  public
health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
vision 4 is added to read as follows:
  4.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE TRANSPLANT COUNCIL,
SHALL PROMULGATE REGULATIONS ON THE DONATION OF  OVA.  SUCH  REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  GUIDELINES  AND  PROCEDURES  FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL DONORS, INCLUDING BUT NOT LIMITED TO A FULL DISCLOSURE OF
ANY KNOWN HEALTH RISKS OF THE OVA DONATION PROCESS;
  (B) THE DEVELOPMENT AND DISTRIBUTION,  IN  PRINTED  FORM  AND  ON  THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THE DONATION
OF OVA; AND
  (C)  THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF OVA
DONOR INFORMATION, AS REPORTED BY BANKS AND STORAGE FACILITIES  LICENSED
PURSUANT  TO  THIS ARTICLE UPON THE AFFIRMATIVE CONSENT OF AN OVA DONOR.
SUCH REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING  ACCU-
RATE INFORMATION ON THE:
  (I) NUMBER OF OVA AND THE NUMBER OF TIMES OVA HAVE BEEN DONATED FROM A
SINGLE DONOR;
  (II) HEALTH INFORMATION OF THE DONOR AT THE TIME OF THE DONATION; AND
  (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
  IN  ADDITION, ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE
DONOR AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO INFORMATION MAIN-
TAINED BY THE REGISTRY.
  § 14. Paragraph (a) of subdivision 1 of  section  440  of  the  family
court  act, as amended by chapter 398 of the laws of 1997, is amended to
read as follows:
  (a)  Any support order made by the court in any proceeding  under  the
provisions  of  article five-B of this act, pursuant to a reference from
the supreme court under section two hundred fifty-one  of  the  domestic
relations law or under the provisions of article four, five or five-A of
this  act  (i)  shall  direct that payments of child support or combined
child and spousal support collected on behalf of persons in  receipt  of
services pursuant to section one hundred eleven-g of the social services
law,  or on behalf of persons in receipt of public assistance be made to
the  support  collection  unit  designated  by  the  appropriate  social
services  district,  which  shall receive and disburse funds so paid; or

S. 7506                            89                            A. 9506

(ii) shall be enforced pursuant to subdivision (c) of section five thou-
sand two hundred forty-two of the civil practice law and  rules  at  the
same  time that the court issues an order of support; and (iii) shall in
either  case,  except  as  provided  for  herein, be effective as of the
earlier of the date of the filing of the petition therefor, or,  if  the
children for whom support is sought are in receipt of public assistance,
the  date  for  which their eligibility for public assistance was effec-
tive.    Any  retroactive  amount  of  support  due  shall  be   support
arrears/past  due support and shall be paid in one sum or periodic sums,
as the court directs, and any amount of temporary support which has been
paid to be taken into account in calculating any amount of such retroac-
tive support due.  In addition, such retroactive child support shall  be
enforceable in any manner provided by law including, but not limited to,
an  execution  for  support  enforcement  pursuant to subdivision (b) of
section fifty-two hundred forty-one of the civil practice law and rules.
When a child receiving support is a public assistance recipient, or  the
order  of  support  is  being  enforced or is to be enforced pursuant to
section one hundred eleven-g of the social services law, the court shall
establish the amount of retroactive child support and notify the parties
that such amount shall be enforced by the support collection unit pursu-
ant to an execution for support enforcement as provided for in  subdivi-
sion  (b)  of  section fifty-two hundred forty-one of the civil practice
law and rules, or in such periodic payments as would have  been  author-
ized  had  such an execution been issued.  In such case, the court shall
not direct the schedule of repayment of retroactive support.  Where such
direction is for child support and [paternity] PARENTAGE has been estab-
lished by a voluntary acknowledgment of [paternity] PARENTAGE as defined
in section forty-one hundred thirty-five-b of the public health law, the
court shall inquire of the parties whether the acknowledgment  has  been
duly filed, and unless satisfied that it has been so filed shall require
the  clerk of the court to file such acknowledgment with the appropriate
registrar within five business days.  The court shall  not  direct  that
support  payments  be  made  to  the  support collection unit unless the
child, who is the subject of the order, is in receipt of public  assist-
ance  or child support services pursuant to section one hundred eleven-g
of the social services law.  Any such order shall be enforceable  pursu-
ant  to  section fifty-two hundred forty-one or fifty-two hundred forty-
two of the civil practice law and rules, or in any other manner provided
by law.   Such orders or judgments for  child  support  and  maintenance
shall  also  be  enforceable  pursuant to article fifty-two of the civil
practice law and rules upon a debtor's default as such term  is  defined
in  paragraph  seven  of  subdivision  (a)  of section fifty-two hundred
forty-one of the civil practice law and rules.  The establishment  of  a
default  shall be subject to the procedures established for the determi-
nation of a mistake of fact for income executions pursuant  to  subdivi-
sion  (e)  of  section fifty-two hundred forty-one of the civil practice
law and rules. For the purposes of enforcement of child  support  orders
or  combined  spousal  and child support orders pursuant to section five
thousand two hundred forty-one of the civil practice law  and  rules,  a
"default"  shall  be  deemed to include amounts arising from retroactive
support.  Where permitted under federal law and where the record of  the
proceedings  contains  such information, such order shall include on its
face the social security number and the name and address of the  employ-
er,  if  any,  of  the person chargeable with support provided, however,
that failure to comply with this requirement shall not  invalidate  such
order.

S. 7506                            90                            A. 9506

  § 15. Section 516-a of the family court act, as amended by chapter 398
of  the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
of the laws of 2013, and subdivision (d) as amended by  chapter  343  of
the laws of 2009, is amended to read as follows:
  §  516-a. Acknowledgment of [paternity] PARENTAGE.  (a) An acknowledg-
ment of [paternity] PARENTAGE executed pursuant to section  one  hundred
eleven-k of the social services law or section four thousand one hundred
thirty-five-b  of  the public health law shall establish the [paternity]
PARENTAGE of and liability for the support of a child pursuant  to  this
act.  Such  acknowledgment must be reduced to writing and filed pursuant
to section four thousand one hundred thirty-five-b of the public  health
law  with  the registrar of the district in which the birth occurred and
in which the birth certificate has been filed. No  further  judicial  or
administrative  proceedings  are  required  to  ratify  an  unchallenged
acknowledgment of [paternity] PARENTAGE.
  (b) (i) Where a signatory to an acknowledgment of [paternity]  PARENT-
AGE  executed  pursuant  to  section  one hundred eleven-k of the social
services law or section four thousand one hundred thirty-five-b  of  the
public  health  law  had  attained  the  age  of eighteen at the time of
execution of the acknowledgment, the signatory may seek to  rescind  the
acknowledgment  by  filing  a  petition  with  the  court  to vacate the
acknowledgment within the earlier of sixty days of the date  of  signing
the  acknowledgment  or  the  date  of  an  administrative or a judicial
proceeding (including, but not limited to, a proceeding to  establish  a
support  order) relating to the child in which the signatory is a party.
For purposes of this section, the "date of an administrative or a  judi-
cial  proceeding"  shall be the date by which the respondent is required
to answer the petition.
  (ii) Where a signatory to an acknowledgment of  [paternity]  PARENTAGE
executed pursuant to section one hundred eleven-k of the social services
law  or  section  four  thousand one hundred thirty-five-b of the public
health law had not attained the age of eighteen at the time of execution
of the acknowledgment, the signatory may seek to rescind the acknowledg-
ment by filing a petition with the court to  vacate  the  acknowledgment
anytime  up  to  sixty  days  after the signatory's attaining the age of
eighteen years or sixty days after the date on which the  respondent  is
required to answer a petition (including, but not limited to, a petition
to  establish a support order) relating to the child in which the signa-
tory is a party, whichever  is  earlier;  provided,  however,  that  the
signatory  must have been advised at such proceeding of his or her right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
  (iii) Where a petition to  vacate  an  acknowledgment  of  [paternity]
PARENTAGE  has  been  filed  in accordance with paragraph (i) or (ii) of
this subdivision, the court shall order  genetic  marker  tests  or  DNA
tests  for  the  determination of the child's [paternity] PARENTAGE.  No
such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS SIGNED
BY THE INTENDED PARENT OF A CHILD  BORN  THROUGH  ASSISTED  REPRODUCTION
PURSUANT  TO  SUBPARAGRAPH  (II)  OF PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B  OF  THE  PUBLIC  HEALTH
LAW,  OR  upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel,
or the presumption of legitimacy of a child born to  a  married  [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall  make  a  finding  of  [paternity] PARENTAGE and enter an order of

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[filiation] PARENTAGE. If the  court  determines  that  the  person  who
signed  the  acknowledgment is not the [father] PARENT of the child, the
acknowledgment shall be vacated.
  (iv)  After  the expiration of the time limits set forth in paragraphs
(i) and (ii) of this subdivision, any of the signatories to an  acknowl-
edgment  of  [paternity]  PARENTAGE  may challenge the acknowledgment in
court by alleging and proving fraud,  duress,  or  material  mistake  of
fact.  If  the petitioner proves to the court that the acknowledgment of
[paternity] PARENTAGE was signed under fraud, duress, or due to a  mate-
rial mistake of fact, the court shall then order genetic marker tests or
DNA  tests  for  the determination of the child's [paternity] PARENTAGE.
No such test shall be ordered, however,  WHERE  THE  ACKNOWLEDGMENT  WAS
SIGNED  BY  THE INTENDED PARENT OF A CHILD BORN THROUGH ASSISTED REPROD-
UCTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE
OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC  HEALTH
LAW,  OR  upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel,
or the presumption of legitimacy of a child born to  a  married  [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall  make  a  finding  of  [paternity] PARENTAGE and enter an order of
[filiation] PARENTAGE. If the  court  determines  that  the  person  who
signed  the  acknowledgment is not the [father] PARENT of the child, the
acknowledgment shall be vacated.
  (v) If, at any time before or after a signatory has filed  a  petition
to  vacate  an  acknowledgment of [paternity] PARENTAGE pursuant to this
subdivision, the signatory dies or becomes mentally  ill  or  cannot  be
found within the state, neither the proceeding nor the right to commence
the  proceeding  shall abate but may be commenced or continued by any of
the persons authorized by this article to commence a [paternity] PARENT-
AGE proceeding.
  (c) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
  (I) A PERSON OTHER THAN THE SIGNATORIES IS A PRESUMED  PARENT  OF  THE
CHILD PURSUANT TO SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
  (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
  (III)  ANOTHER  PERSON  HAS SIGNED A VALID ACKNOWLEDGMENT OF PARENTAGE
WITH REGARD TO THE CHILD;
  (IV) THE CHILD HAS A PARENT PURSUANT TO SECTION 581-303 OF THE  FAMILY
COURT ACT OTHER THAN THE SIGNATORIES;
  (V)  A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE FAMILY
COURT ACT; OR
  (VI) THE ACKNOWLEDGMENT IS SIGNED BY A PERSON WHO  ASSERTS  THAT  THEY
ARE  A  PARENT  UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT  THE  SIGNATORY  IS  NOT  A
PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT.
  (D)  Neither  signatory's  legal obligations, including the obligation
for child support arising from  the  acknowledgment,  may  be  suspended
during  the challenge to the acknowledgment except for good cause as the
court may find. If the court vacates the acknowledgment  of  [paternity]
PARENTAGE,  the  court  shall immediately provide a copy of the order to
the registrar of the district in which the child's birth certificate  is
filed and also to the [putative father] registry operated by the depart-
ment  of social services pursuant to section three hundred seventy-two-c
of the social services law. In addition, if the [mother] PARENT  of  the
child  who  is  the subject of the acknowledgment is in receipt of child

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support services pursuant to title six-A of article three of the  social
services law, the court shall immediately provide a copy of the order to
the  child support enforcement unit of the social services district that
provides the [mother] PARENT with such services.
  [(d)]  (E)  A determination of [paternity] PARENTAGE made by any other
state, whether established through an administrative or judicial process
or through an acknowledgment of [paternity] PARENTAGE signed in  accord-
ance  with  that  state's  laws,  must be accorded full faith and credit
pursuant to section 466(a)(11) of title IV-D of the social security  act
(42 U.S.C. § 666(a)(11)).
  (F) ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE, OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
THE  LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
PARENTAGE EXECUTED PURSUANT TO  SECTION  ONE  HUNDRED  ELEVEN-K  OF  THE
SOCIAL  SERVICES LAW, SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF
THE PUBLIC HEALTH LAW, OR SIGNED IN ANOTHER STATE  CONSISTENT  WITH  THE
LAW OF THAT STATE.
  §  16.  Paragraph  (b)  of subdivision 1 of section 1017 of the family
court act, as added by chapter 567 of the laws of 2015,  is  amended  to
read as follows:
  (b)  The  court  shall  also  direct  the local commissioner of social
services to conduct an investigation to locate any  person  who  is  not
recognized  to  be the child's legal parent and does not have the rights
of a legal parent under the laws of the state of New York  but  who  (i)
has  filed  with  a putative father registry an instrument acknowledging
[paternity] PARENTAGE of the child, pursuant to  section  4-1.2  of  the
estates,  powers  and  trusts  law,  or  (ii)  has a pending [paternity]
PARENTAGE petition, or (iii) has been identified  as  a  parent  of  the
child  by  the  child's  other  parent in a written sworn statement. The
local commissioner of social services shall report the results  of  such
investigation  to  the court and parties, including the attorney for the
child.
  § 17. Section 4-1.2 of the estates, powers and trusts law, as  amended
by  chapter  67  of  the  laws of 1981, the section heading, the opening
paragraph of subparagraph 1 of paragraph (a), the opening  paragraph  of
subparagraph  2  of  paragraph (a) and the opening paragraph of subpara-
graph 3 of paragraph (a) as amended by chapter 595 of the laws of  1992,
subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
1987,  clause (A) of subparagraph 2 of paragraph (a) as amended by chap-
ter 170 of the laws of 1994, and clause (C) of subparagraph 2  of  para-
graph  (a)  and  paragraph  (b)  as amended by chapter 64 of the laws of
2010, is amended to read as follows:
§ 4-1.2 Inheritance by non-marital children
  (a) For the purposes of this article:
  (1) A non-marital child is the legitimate child of his mother so  that
he and his issue inherit from his mother and from his maternal kindred.
  (2)  A non-marital child is the legitimate child of his father OR NON-
GESTATING INTENDED PARENT so that he and his  issue  inherit  from  [his
father and his paternal] SUCH PARENT AND SUCH PARENT'S kindred if:
  (A)  a court of competent jurisdiction has, during the lifetime of the
father, made an order of filiation OR  PARENTAGE  declaring  [paternity]
PARENTAGE  or  the  [mother  and  father]  PARENTAGE  of the child [have
executed] HAS BEEN ESTABLISHED THROUGH THE EXECUTION OF  an  acknowledg-
ment  of  [paternity]  PARENTAGE  pursuant  to section four thousand one
hundred thirty-five-b of the public health law,  which  has  been  filed

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with  the  registrar  of the district in which the birth certificate has
been filed or;
  (B)  the  father  of  the child has signed an instrument acknowledging
[paternity] PARENTAGE, provided that
  (i) such instrument is acknowledged or executed or proved in the  form
required to entitle a deed to be recorded in the presence of one or more
witnesses and acknowledged by such witness or witnesses, in either case,
before  a  notary  public  or  other officer authorized to take proof of
deeds and
  (ii) such instrument is filed within sixty days from the making there-
of with the [putative father] registry established by the state  depart-
ment  of social services pursuant to section three hundred seventy-two-c
of the social services law, as added by chapter six  hundred  sixty-five
of the laws of nineteen hundred seventy-six and
  (iii)  the  department  of social services shall, within seven days of
the filing of the instrument, send written notice by registered mail  to
the  mother  and other legal guardian of such child, notifying them that
an acknowledgment of [paternity] PARENTAGE  instrument  acknowledged  or
executed by such [father] PARENT has been duly filed or;
  (C) [paternity] PARENTAGE has been established by clear and convincing
evidence, which may include, but is not limited to: (i) evidence derived
from  a  genetic  marker test, or (ii) evidence that the [father] PARENT
openly and notoriously acknowledged the child as his OR HER own, however
nothing  in  this  section  regarding  genetic  marker  tests  shall  be
construed to expand or limit the current application of subdivision four
of section forty-two hundred ten of the public health law.
  (3) The existence of an agreement obligating the father to support the
non-marital  child  does  not qualify such child or his issue to inherit
from the father in the absence of an order of filiation made or acknowl-
edgement of [paternity] PARENTAGE as prescribed by subparagraph (2).
  (4) A motion for relief from an order of filiation may be made only by
the father and a motion for relief from an acknowledgement of  [paterni-
ty]  PARENTAGE  may  be  made  by [the father, mother] A PARENT or other
legal guardian of such child,  or  the  child,  provided  however,  such
motion must be made within one year from the entry of such order or from
the date of written notice as provided for in subparagraph (2).
  (b)  If  a non-marital child dies, his or her surviving spouse, issue,
mother, maternal kindred, father and paternal kindred  inherit  and  are
entitled  to  letters of administration as if the decedent was a marital
child, provided that the [father and paternal] kindred  may  inherit  or
obtain such letters only if the [paternity] PARENTAGE of the non-marital
child has been established pursuant to any of the provisions of subpara-
graph (2) of paragraph (a).
  §  18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
subdivision 4 of section 111-c of the social services law, subdivision 1
as added by chapter 685 of the laws of 1975, paragraph g of  subdivision
2  as added by chapter 809 of the laws of 1985, subdivision 3 as amended
by chapter 398 of the laws of 1997, and subdivision 4 as added by  chap-
ter 343 of the laws of 2009, are amended to read as follows:
  1.  Each  social  services district shall establish a single organiza-
tional unit which shall be responsible for such district's activities in
assisting the state in the location of absent parents, establishment  of
[paternity]  PARENTAGE  and  enforcement  and  collection  of support in
accordance with the regulations of the department.
  g. obtain from respondent, when appropriate and in accordance with the
procedures established by section one hundred eleven-k of this  chapter,

S. 7506                            94                            A. 9506

an  acknowledgement  of  [paternity]  PARENTAGE  or an agreement to make
support payments, or both;
  3.  Notwithstanding  the foregoing, the social services official shall
not be required to establish the [paternity] PARENTAGE of any child born
out-of-wedlock, or to secure support for any child, with respect to whom
such official has determined that such actions would be  detrimental  to
the  best  interests  of  the  child,  in accordance with procedures and
criteria established by regulations of the  department  consistent  with
federal law.
  4.  a.  A  social  services  district  represents the interests of the
district in performing its functions and  duties  as  provided  in  this
title  and  not  the interests of any party. The interests of a district
shall include, but are not limited to, establishing [paternity]  PARENT-
AGE, and establishing, modifying and enforcing child support orders.
  b.  Notwithstanding any other provision of law, the provision of child
support services pursuant to this title does not constitute  nor  create
an   attorney-client   relationship  between  the  individual  receiving
services and any attorney representing or appearing for the district.  A
social services district shall provide notice to any individual request-
ing  or  receiving  services that the attorney representing or appearing
for the district does not represent the individual and that the individ-
ual has a right to retain his or her own legal counsel.
  c. A social services district may appear in any  action  to  establish
[paternity]  PARENTAGE,  or to establish, modify, or enforce an order of
support when an individual is receiving services under this title.
  § 19. Section 111-k of the social services law, as amended by  chapter
398  of  the  laws  of  1997, paragraphs (a) and (b) of subdivision 1 as
amended by chapter 214 of the laws  of  1998,  is  amended  to  read  as
follows:
  §  111-k.    Procedures  relating  to  acknowledgments  of [paternity]
PARENTAGE, agreements to support, and genetic  tests.    1.    A  social
services  official  or  his or her designated representative who confers
with a potential respondent or respondent, hereinafter  referred  to  in
this  section  as  the  "respondent",  the mother of a child born out of
wedlock and any  other  interested  persons,  pursuant  to  section  one
hundred eleven-c of this title, may obtain:
  (a) an acknowledgment of [paternity] PARENTAGE of a child, as provided
for  in  article  five-B or section five hundred sixteen-a of the family
court act, by a written statement, witnessed by two people  not  related
to  the signator or as provided for in section four thousand one hundred
thirty-five-b of the public health law. Prior to the execution  of  such
acknowledgment  by  the child's mother and the respondent, they shall be
advised, orally, which may be through the use of audio or  video  equip-
ment,  and in writing, of the consequences of making such an acknowledg-
ment. Upon the signing of an  acknowledgment  of  [paternity]  PARENTAGE
pursuant  to  this  section,  the social services official or his or her
representative shall file the original acknowledgment with  the  regist-
rar.
  (b)  an agreement to make support payments as provided in section four
hundred twenty-five of the family court act. Prior to the  execution  of
such  agreement,  the  respondent shall be advised, orally, which may be
through the use of audio or video equipment,  and  in  writing,  of  the
consequences  of  such agreement, that the respondent can be held liable
for support only if the family court, after a hearing, makes an order of
support; that respondent has a right to consult  with  an  attorney  and
that  the  agreement  will be submitted to the family court for approval

S. 7506                            95                            A. 9506

pursuant to section four hundred twenty-five of the  family  court  act;
and  that by executing the agreement, the respondent waives any right to
a hearing regarding any matter contained in such agreement.
  2.  (a)  When the paternity of a child is contested, a social services
official or designated representative may order the mother,  the  child,
and  the  alleged  father to submit to one or more genetic marker or DNA
tests of a type generally acknowledged as reliable by  an  accreditation
body designated by the secretary of the federal department of health and
human services and performed by a laboratory approved by such an accred-
itation  body  and  by the commissioner of health or by a duly qualified
physician to aid in the determination of  whether  or  not  the  alleged
father  is  the  father of the child.   The order may be issued prior or
subsequent to the filing of a  petition  with  the  court  to  establish
paternity,  shall  be served on the parties by certified mail, and shall
include a sworn statement which either (i) alleges [paternity] PARENTAGE
and sets forth facts establishing a reasonable possibility of the requi-
site sexual contact between the  parties,  or  (ii)  denies  [paternity]
PARENTAGE  and  sets  forth  facts establishing a reasonable possibility
that the party is not the father.  The parties shall not be required  to
submit  to  the administration and analysis of such tests if they sign a
voluntary acknowledgment of [paternity]  PARENTAGE  in  accordance  with
paragraph (a) of subdivision one of this section, or if there has been a
written finding by the court that it is not in the best interests of the
child  on  the  basis of res judicata, equitable estoppel, THE CHILD WAS
CONCEIVED THROUGH ASSISTED REPRODUCTION or the presumption of legitimacy
of a child born to a married [woman] PERSON.
  (b) The record or report of the results of any such genetic marker  or
DNA  test  may  be submitted to the family court as evidence pursuant to
subdivision (e) of rule forty-five hundred eighteen of the  civil  prac-
tice  law  and  rules where no timely objection in writing has been made
thereto.
  (c) The cost of any test ordered pursuant to  this  section  shall  be
paid  by the social services district provided however, that the alleged
father shall reimburse the district for the cost of such  test  at  such
time  as  the alleged father's [paternity] PARENTAGE is established by a
voluntary acknowledgment of [paternity] PARENTAGE or an order of  filia-
tion.  If  either  party  contests  the results of genetic marker or DNA
tests, an additional test may be ordered upon  written  request  to  the
social services district and advance payment by the requesting party.
  (d)  The  parties shall be required to submit to such tests and appear
at any conference scheduled by the social services official or  designee
to  discuss  the notice of the allegation of paternity or to discuss the
results of such tests.  If the alleged [father] PARENT fails  to  appear
at  any such conference or fails to submit to such genetic marker or DNA
tests, the social services official or designee shall petition the court
to establish [paternity] PARENTAGE, provide the court with a copy of the
records or reports of such tests if any, and request the court to  issue
an  order  for temporary support pursuant to section five hundred forty-
two of the family court act.
  3. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF  THIS
STATE  OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
THE LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT  OF
PARENTAGE  EXECUTED  PURSUANT TO THIS SECTION, SECTION FOUR THOUSAND ONE
HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH  LAW  OR  SIGNED  IN  ANOTHER
STATE CONSISTENT WITH THE LAW OF THAT STATE.

S. 7506                            96                            A. 9506

  §  20.  Subdivisions  1  and 2 of section 372-c of the social services
law, as amended by chapter 139 of the laws of 1979, are amended to  read
as follows:
  1.   The department shall establish a [putative father] registry which
shall record the names and addresses of:  (a) any person adjudicated  by
a court of this state to be the [father] PARENT of a child born [out-of-
wedlock]  OUT OF WEDLOCK; (b) any person who has filed with the registry
before or after the birth of a child [out-of-wedlock] OUT OF WEDLOCK,  a
notice  of  intent to claim [paternity] PARENTAGE of the child; (c)  any
person adjudicated by a court of  another  state  or  territory  of  the
United  States  to  be  the father of an [out-of-wedlock] OUT OF WEDLOCK
child, where a certified copy of the court order has been filed with the
registry by such person or any other person;  (d)  any  person  who  has
filed  with  the registry an instrument acknowledging paternity pursuant
to section 4-1.2 of the estates, powers and trusts law.
  2.  A person filing a notice of intent to claim [paternity]  PARENTAGE
of  a child or an acknowledgement of paternity shall include therein his
current address and shall notify the registry of any change  of  address
pursuant to procedures prescribed by regulations of the department.
  §  21.  Subdivision  (a)  of  section  439 of the family court act, as
amended by section 1 of chapter 468 of the laws of 2012, is  amended  to
read as follows:
  (a) The chief administrator of the courts shall provide, in accordance
with  subdivision  (f)  of this section, for the appointment of a suffi-
cient number of  support  magistrates  to  hear  and  determine  support
proceedings.  Except  as hereinafter provided, support magistrates shall
be empowered to hear, determine and grant any relief within  the  powers
of  the  court  in  any  proceeding  under  this article, articles five,
five-A, [and] five-B, AND FIVE-C and sections  two  hundred  thirty-four
and  two hundred thirty-five of this act, and objections raised pursuant
to section five thousand two hundred forty-one of the civil practice law
and rules. Support magistrates shall not be empowered to hear, determine
and grant any relief with respect to issues specified  in  section  four
hundred  fifty-five  of  this  article,  issues  of  contested paternity
involving claims of equitable estoppel,  custody,  visitation  including
visitation   as  a  defense,  and  orders  of  protection  or  exclusive
possession of the home, which shall be referred to a judge  as  provided
in  subdivision  (b) or (c) of this section. Where an order of filiation
is issued by a judge in a paternity proceeding and child support  is  in
issue,  the  judge,  or support magistrate upon referral from the judge,
shall be authorized to immediately make a temporary or  final  order  of
support, as applicable. A support magistrate shall have the authority to
hear  and  decide  motions  and issue summonses and subpoenas to produce
persons pursuant to section one hundred fifty-three of  this  act,  hear
and decide proceedings and issue any order authorized by subdivision (g)
of section five thousand two hundred forty-one of the civil practice law
and  rules, issue subpoenas to produce prisoners pursuant to section two
thousand three hundred two of the civil practice law and rules and  make
a  determination  that  any  person  before the support magistrate is in
violation of an order of the court as authorized by section one  hundred
fifty-six  of  this  act subject to confirmation by a judge of the court
who shall impose any punishment for such violation as provided by law. A
determination by a support  magistrate  that  a  person  is  in  willful
violation  of  an  order under subdivision three of section four hundred
fifty-four of this article and that recommends commitment shall be tran-
smitted to the parties, accompanied by findings of fact, but the  deter-

S. 7506                            97                            A. 9506

mination  shall  have  no force and effect until confirmed by a judge of
the court.
  §  22. This act shall take effect on January 1, 2021, provided, howev-
er, that the amendments to subdivision (a) of section 439 of the  family
court  act  made  by section twenty-one of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  to  be made and completed on or before such
effective date.

                                 PART M

  Section 1. The opening paragraph of paragraph (g) of subdivision 3  of
section  358-a of the social services law is designated subparagraph (i)
and a new subparagraph (ii) is added to read as follows:
  (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE  SUCH  CHILD'S
PLACEMENT  IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED  PURSUANT  TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
ACCORDANCE  WITH  SECTION  THREE  HUNDRED  NINETY-THREE OF THIS CHAPTER.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF  THE
CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  § 2. The social services law is amended by adding a new section 393 to
read as follows:
  § 393. COURT  APPROVAL  OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,  TWO  THOUSAND  TWENTY-ONE
AND  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND  CUSTODY
WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
IN  ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER,
OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO  THE  COMMISSIONER
OF  A  LOCAL  SOCIAL  SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE
HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
  2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
ENCED IN SUBDIVISION ONE OF THIS  SECTION  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
  (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
ARTICLE;
  (II) DETERMINE WHETHER THE NEEDS OF  THE  CHILD  CAN  BE  MET  THROUGH
PLACEMENT  IN  A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
AND APPROPRIATE LEVEL OF CARE FOR THE CHILD  IN  THE  LEAST  RESTRICTIVE
ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
CY PLAN; AND
  (III)  APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY  OTHER
PROVISION  OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL  TREAT-

S. 7506                            98                            A. 9506

MENT  PROGRAM  IS  NOT  APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN ACCORDANCE
WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL  DISAPPROVE  THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING  GOVERNING  PLACEMENT  ORDER  OF  THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO  MOVE  THE  CHILD
FROM  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A  NEW  ORDER
WHICH  SHALL  NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A RESIDENTIAL
SETTING APPROVED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, IN ACCORDANCE WITH 42 UNITED  STATES  CODE  SECTION  672,  FOR
CHILDREN  WHOSE  PLACEMENT  IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE WITH SECTION  FOUR
HUNDRED NINE-H OF THIS ARTICLE.
  (C)  THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND  (B)  OF  THIS
SUBDIVISION.
  3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
  §  3. The social services law is amended by adding a new section 409-h
to read as follows:
  § 409-H. ASSESSMENT OF APPROPRIATENESS OF  PLACEMENT  IN  A  QUALIFIED
RESIDENTIAL  TREATMENT  PROGRAM. 1. WITHIN THIRTY DAYS OF THE START OF A
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE
CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER  OF
A  LOCAL  SOCIAL  SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES THAT OCCURS ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
TWENTY-ONE,  A  QUALIFIED INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF
SUCH PLACEMENT. SUCH QUALIFIED INDIVIDUAL AND  ASSESSMENT  SHALL  BE  IN
ACCORDANCE  WITH  THE  REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND 42 UNITED STATE CODE SECTION 672.
  2. (A) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF
THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT  APPROPRI-
ATE  UNDER  THE  STANDARDS SET FORTH IN THE REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND 42 UNITED STATES CODE SECTION 672,  THE
LOCAL  SOCIAL  SERVICES  DISTRICT  OR  THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITH LEGAL CUSTODY OF THE CHILD SHALL REMOVE SUCH CHILD FROM  A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM WITHIN THIRTY DAYS IN ACCORDANCE
WITH  FEDERAL  LAW  AND  THE PROVISIONS OF 42 UNITED STATES CODE SECTION
672, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD IN A
PLACEMENT SETTING APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
FOR CHILDREN WHO HAVE BEEN DETERMINED TO NOT BE APPROPRIATE FOR A PLACE-
MENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP, POST AND
MAINTAIN ON  THEIR  WEBSITE  AN  UP-TO-DATE  LISTING  OF  THE  PLACEMENT
SETTINGS  APPROVED  BY SUCH OFFICE FOR CHILDREN WHO HAVE BEEN DETERMINED
TO NOT BE APPROPRIATE FOR A PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
MENT PROGRAM.
  3.  AS  USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
MEANS A PROGRAM THAT IS  A  NON-FOSTER  FAMILY  RESIDENTIAL  PROGRAM  IN
ACCORDANCE  WITH  THE  REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND 42 UNITED STATES CODE SECTION 672.
  § 4. The family court act is amended by adding a new section 353.7  to
read as follows:

S. 7506                            99                            A. 9506

  § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR
AFTER  SEPTEMBER  TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
HUNDRED  NINE-H  OF  THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY
WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
  2.  (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
TO THIS ARTICLE, SUCH SOCIAL SERVICES DISTRICT OR  OFFICE  SHALL  REPORT
ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL
TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW TO THE COURT AND  THE  ATTORNEYS  FOR  THE  PARTIES,
INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
ONE  BUSINESS  DAY FOLLOWING EITHER THE DECISION TO PLACE THE RESPONDENT
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE  ACTUAL  DATE  THE
PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL INDI-
CATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR  OR  THE
DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF
SUCH  NOTICE  LISTS  AN  ANTICIPATED  DATE FOR THE PLACEMENT CHANGE, THE
LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY  NOTIFY  THE
COURT  AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE
RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL
OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
  (B) WHEN A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  A  LOCAL
SOCIAL  SERVICES  DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH THIS  ARTICLE  RESIDES  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT IN SUCH QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM  COMMENCED  ON  OR  AFTER  SEPTEMBER
TWENTY-NINTH,  TWO  THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL  SCHEDULE
A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
STANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL
OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE  CHILD
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
  (I) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
  (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
PLACEMENT  IN  A  FOSTER  HOME  AND,  IF  NOT,  WHETHER PLACEMENT OF THE
RESPONDENT IN A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES  THE
MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT  IS  CONSISTENT
WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
  (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED  RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY,  WHERE  A  QUALIFIED  INDIVIDUAL
DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET  FORTH
IN  THE  REGULATIONS  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH 42 UNITED STATES  CODE  SECTION  672,  THE  COURT  SHALL

S. 7506                            100                           A. 9506

DISAPPROVE  THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD  NOT  PERMIT  THE  LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO
MOVE THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM  AS
REQUIRED  BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE
COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE  SUCH  RESPONDENT
FROM  BEING  PLACED IN A RESIDENTIAL SETTING APPROVED IN THE REGULATIONS
OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  IN  ACCORDANCE  WITH  42
UNITED  STATES CODE SECTION 672 FOR CHILDREN WHOSE PLACEMENT IN A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRI-
ATE IN ACCORDANCE  WITH  SECTION  FOUR  HUNDRED  NINE-H  OF  THE  SOCIAL
SERVICES LAW.
  (C)  THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND  (B)  OF  THIS
SUBDIVISION.
  4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
  §  5. Section 355.5 of the family court act is amended by adding a new
subdivision 10 to read as follows:
  10. WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
DY  OF  THE  RESPONDENT  SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING
WITH RESPECT TO THE RESPONDENT:
  (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
THE  PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT  IN  THE
LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH
THE  SHORT-TERM  AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED IN
THE RESPONDENT'S PERMANENCY PLAN;
  (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL  BE
MET  FOR  THE  RESPONDENT  IN  THE  PLACEMENT AND THE LENGTH OF TIME THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
  (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF  THE
RESPONDENT  TO  PREPARE  THE  RESPONDENT TO RETURN HOME, OR TO BE PLACED
WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE  PARENT,  OR
IN A FOSTER HOME.
  §  6. Section 756-a of the family court act is amended by adding a new
subdivision (h) to read as follows:
  (H) WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
DISTRICT  WITH  LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT
THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
  (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
OF  THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES  THE
MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH

S. 7506                            101                           A. 9506

THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT,  AS  SPECIFIED  IN
THE RESPONDENT'S PERMANENCY PLAN;
  (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE RESPONDENT IN THE PLACEMENT  AND  THE  LENGTH  OF  TIME  THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
  (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE  RESPONDENT
TO  RETURN  HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL
GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER HOME.
  § 7. The family court act is amended by adding a new section 756-b  to
read as follows:
  § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT  PROGRAM.  1.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY WHEN A
RESPONDENT IS PLACED ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
TWENTY-ONE  AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
WHOSE  CARE  AND  CUSTODY  WERE  TRANSFERRED  TO A LOCAL SOCIAL SERVICES
DISTRICT IN ACCORDANCE WITH THIS PART.
  2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
SERVICES  DISTRICT  PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO  A  QUALI-
FIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND  THE  ATTORNEYS  FOR
THE  PARTIES,  INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION  TO  PLACE
THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
ACTUAL DATE THE PLACEMENT CHANGE OCCURRED,  WHICHEVER  IS  SOONER.  SUCH
NOTICE  SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED
TO OCCUR OR THE DATE  THE  PLACEMENT  CHANGE  OCCURRED,  AS  APPLICABLE.
PROVIDED,  HOWEVER,  IF  SUCH  NOTICE  LISTS AN ANTICIPATED DATE FOR THE
PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL  SUBSEQUENTLY
NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTOR-
NEY  FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH
NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING  THE  PLACE-
MENT CHANGE.
  (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR  HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT
IN  SUCH  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER
SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE
REQUIRED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL
SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF  THE
RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
  (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION  MADE  BY
THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
  (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
PLACEMENT  IN  A  FOSTER  HOME  AND,  IF  NOT,  WHETHER PLACEMENT OF THE
RESPONDENT IN A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES  THE
MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE

S. 7506                            102                           A. 9506

LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT  IS  CONSISTENT
WITH  THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
  (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED  RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE  QUALIFIED  INDIVIDUAL
DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET  FORTH
IN  THE  REGULATIONS  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH 42 UNITED STATES  CODE  SECTION  672,  THE  COURT  SHALL
DISAPPROVE  THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND-
ENT FROM THE QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  AS  REQUIRED  BY
SECTION  FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL
ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH  RESPONDENT  FROM  BEING
PLACED  IN  A  RESIDENTIAL  SETTING  APPROVED  IN THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES  IN  ACCORDANCE  WITH  42  UNITED
STATES  CODE  SECTION  672  FOR  CHILDREN WHOSE PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
  (C) THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL  BE
LIMITED  TO  THE  PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
  4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
  § 8. The opening paragraph of subdivision 5 of  section  1017  of  the
family  court act is designated paragraph (a) and a new paragraph (b) is
added to read as follows:
  (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED  TO  THE  COMMIS-
SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL  SERVICES  LAW,  AND  WHERE
SUCH  CHILD'S  PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL SCHEDULE A
HEARING  IN  ACCORDANCE  WITH  SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS
ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
SUCH  HEARING  SHALL  OCCUR  NO  LATER THAN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
COMMENCED.
  §  9.  The opening paragraph of subdivision (j) of section 1055 of the
family court act is designated paragraph (i) and a new paragraph (ii) is
added to read as follows:
  (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL  SERVICES  LAW,  AND  WHERE
SUCH  CHILD'S  PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
PURSUANT  TO PARAGRAPH (I) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C  OF  THIS
PART.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH

S. 7506                            103                           A. 9506

HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT
OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  §  10.  The family court act is amended by adding a new section 1055-c
to read as follows:
  § 1055-C. COURT APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A
CHILD IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO  THOUSAND  TWEN-
TY-ONE  AND  RESIDES  IN  A  QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
WHOSE  CARE  AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
  2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL  TREATMENT
PROGRAM, THE COURT SHALL:
  (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
SOCIAL SERVICES LAW;
  (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT  IN  A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE  AND
APPROPRIATE  LEVEL  OF CARE FOR THE CHILD IN THE LEAST RESTRICTIVE ENVI-
RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN  THE  CHILD'S  PERMANENCY
PLAN; AND
  (C)  APPROVE  OR  DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY  OTHER
PROVISION  OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL  TREAT-
MENT  PROGRAM  IS  NOT  APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN  ACCORDANCE
WITH  42  UNITED STATES CODE SECTION 672, THE COURT SHALL DISAPPROVE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF  THE
EXISTING  GOVERNING  PLACEMENT  ORDER  OF  THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO  MOVE  THE  CHILD
FROM  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE  A
NEW  ORDER  WHICH  SHALL  NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A
RESIDENTIAL SETTING APPROVED IN THE REGULATIONS OF THE OFFICE  OF  CHIL-
DREN  AND  FAMILY  SERVICES  IN  ACCORDANCE  WITH  42 UNITED STATES CODE
SECTION 672 FOR CHILDREN WHOSE  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
  4. THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION  SHALL  BE
LIMITED  TO  THE  PROVISIONS  SET FORTH IN SUBDIVISIONS TWO AND THREE OF
THIS SECTION.
  5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
  § 11. Clause (C) of subparagraph (ix) of paragraph  5  of  subdivision
(c) of section 1089 of the family court act, as amended by section 27 of
part  A of chapter 3 of the laws of 2005, is amended and a new paragraph
6 is added to read as follows:
  (C) if the child is over age fourteen and has voluntarily withheld his
or her consent to an adoption, the facts and circumstances regarding the
child's decision to withhold consent and the reasons therefor[.]; AND

S. 7506                            104                           A. 9506

  (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED  RESIDENTIAL  TREAT-
MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, THE COMMISSIONER OF  THE  SOCIAL  SERVICES  DISTRICT  WITH
LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
ING WITH RESPECT TO THE CHILD:
  (I)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT  THE  NEEDS  OF
THE  CHILD  CANNOT  BE  MET THROUGH PLACEMENT IN A FOSTER HOME, THAT THE
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST
EFFECTIVE AND APPROPRIATE LEVEL OF CARE  FOR  THE  CHILD  IN  THE  LEAST
RESTRICTIVE  ENVIRONMENT,  AND THAT THE PLACEMENT IS CONSISTENT WITH THE
SHORT-TERM AND LONG-TERM GOALS  FOR  THE  CHILD,  AS  SPECIFIED  IN  THE
CHILD'S PERMANENCY PLAN;
  (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE  CHILD  IS
EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
  (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A  FOSTER
HOME.
  §  12.  The  opening  paragraph of clause (H) of subparagraph (vii) of
paragraph 2 of subdivision (d) of section 1089 of the family court  act,
is designated item (I) and a new item (II) is added to read as follows:
  (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
SECTION  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
CHILD'S PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER  TWEN-
TY-NINTH,  TWO  THOUSAND  TWENTY-ONE,  UPON  RECEIPT  OF NOTICE REQUIRED
PURSUANT TO ITEM (I) OF THIS CLAUSE, THE COURT SHALL SCHEDULE A  HEARING
IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED NINETY-THREE OF THE SOCIAL
SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND  NINETY-
ONE-A  OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY,  SUCH  HEARING  SHALL  OCCUR  NO
LATER  THAN  SIXTY  DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  § 13. The family court act is amended by adding a new  section  1091-a
to read as follows:
  § 1091-A. COURT  APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED RESIDENTIAL
TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN  A
FORMER  FOSTER  CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED  RESIDENTIAL  TREAT-
MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE  TRANSFERRED  TO  A  LOCAL
SOCIAL  SERVICES  DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH THIS ARTICLE.
  2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
LOCAL SOCIAL SERVICES DISTRICT OR THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  PURSUANT  TO  THIS  ARTICLE,  SUCH SOCIAL SERVICES DISTRICT OR
OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER  CARE
YOUTH  INTO  A  QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
THE ATTORNEYS FOR THE PARTIES, INCLUDING THE  ATTORNEY  FOR  THE  FORMER
FOSTER  CARE  YOUTH,  FORTHWITH,  BUT  NOT  LATER  THAN ONE BUSINESS DAY
FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE  YOUTH  IN
THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  OR  THE ACTUAL DATE THE

S. 7506                            105                           A. 9506

PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL  INDI-
CATE  THE  DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE
DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF
SUCH  NOTICE  LISTS  AN  ANTICIPATED  DATE FOR THE PLACEMENT CHANGE, THE
LOCAL SOCIAL SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY  NOTIFY  THE
COURT  AND  ATTORNEYS  FOR  THE  PARTIES, INCLUDING THE ATTORNEY FOR THE
CHILD, OF THE DATE THE PLACEMENT  CHANGE  OCCURRED;  SUCH  NOTICE  SHALL
OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
  (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
SERVICES  DISTRICT  OR  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED  RESIDENTIAL  TREAT-
MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, AND WHERE SUCH CHILD'S PLACEMENT IN SUCH  QUALIFIED  RESI-
DENTIAL  TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED  PURSUANT  TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
ACCORDANCE  WITH  SUBDIVISION THREE OF THIS SECTION. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY,  SUCH  HEARING  SHALL  OCCUR  NO
LATER  THAN  SIXTY  DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF  A  FORMER  FOSTER
CARE  YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
  (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
  (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
MET THROUGH PLACEMENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF
THE FORMER FOSTER  CARE  YOUTH  IN  A  QUALIFIED  RESIDENTIAL  TREATMENT
PROGRAM  PROVIDES  THE  MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR
THE FORMER FOSTER CARE YOUTH IN THE LEAST  RESTRICTIVE  ENVIRONMENT  AND
WHETHER  THAT  PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND LONG-TERM
GOALS FOR THE FORMER FOSTER CARE  YOUTH,  AS  SPECIFIED  IN  THE  FORMER
FOSTER CARE YOUTH'S PERMANENCY PLAN; AND
  (C)  APPROVE  OR  DISAPPROVE  THE  PLACEMENT OF THE FORMER FOSTER CARE
YOUTH  IN  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM.  PROVIDED   THAT,
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, WHERE THE
QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER  FOSTER
CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI-
ATE  UNDER  THE  STANDARDS SET FORTH IN THE REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH 42  UNITED  STATES  CODE
SECTION  672,  THE  COURT  SHALL  DISAPPROVE THE PLACEMENT OF THE FORMER
FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF  THE
EXISTING  GOVERNING  PLACEMENT  ORDER  OF THE COURT REGARDING THE FORMER
FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR
THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI-
DENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H  OF
THE  SOCIAL  SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER WHICH SHALL
NOT PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A  RESI-
DENTIAL  SETTING  APPROVED  IN THE REGULATIONS OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672
FOR CHILDREN  WHOSE  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL  TREATMENT
PROGRAM  HAS  BEEN  DETERMINED  TO  BE  INAPPROPRIATE IN ACCORDANCE WITH
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.

S. 7506                            106                           A. 9506

  5. THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION  SHALL  BE
LIMITED  TO  THE  PROVISIONS SET FORTH IN SUBDIVISIONS THREE AND FOUR OF
THIS SECTION.
  6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
  §  14. The family court act is amended by adding a new section 1097 to
read as follows:
  § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS  PLACED  ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED  IN
SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR  THE
OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
  2.  (A)  WHEN  A  CHILD  IS  IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES  DISTRICT  PURSUANT  TO  THIS  ARTICLE,  SUCH  SOCIAL  SERVICES
DISTRICT  SHALL  REPORT  ANY  ANTICIPATED  PLACEMENT OF THE CHILD INTO A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
HUNDRED  NINE-H  OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD,  FORTHWITH,
BUT  NOT  LATER  THAN  ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  OR  THE
ACTUAL  DATE  THE  PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS  ANTICIPATED
TO  OCCUR  OR  THE  DATE  THE  PLACEMENT CHANGE OCCURRED, AS APPLICABLE.
PROVIDED, HOWEVER, IF SUCH NOTICE LISTS  AN  ANTICIPATED  DATE  FOR  THE
PLACEMENT  CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY
NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING  THE  ATTORNEY
FOR  THE  CHILD,  OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE
SHALL OCCUR NO LATER THAN  ONE  BUSINESS  DAY  FOLLOWING  THE  PLACEMENT
CHANGE.
  (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
OF  THE  SOCIAL  SERVICES  LAW, AND WHERE SUCH CHILD'S PLACEMENT IN SUCH
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER  SEPTEMBER
TWENTY-NINTH,  TWO  THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL  SCHEDULE
A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
STANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL
OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE  CHILD
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN  SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM, THE COURT SHALL:
  (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
  (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD  IN  A
QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND
APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST  RESTRICTIVE  ENVI-
RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
LONG-TERM  GOALS  FOR  THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY
PLAN; AND

S. 7506                            107                           A. 9506

  (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE  QUALIFIED
RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL  DETER-
MINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
MENT  PROGRAM  IS  NOT  APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN  ACCORDANCE
WITH  42  UNITED STATES CODE SECTION 672, THE COURT SHALL DISAPPROVE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF  THE
EXISTING  GOVERNING  PLACEMENT  ORDER  OF  THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO  MOVE  THE  CHILD
FROM  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE  A
NEW  ORDER  WHICH  SHALL  NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A
RESIDENTIAL SETTING APPROVED IN THE REGULATIONS OF THE OFFICE  OF  CHIL-
DREN  AND  FAMILY  SERVICES  IN  ACCORDANCE  WITH  42 UNITED STATES CODE
SECTION 672 FOR CHILDREN WHOSE  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
  5. THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION  SHALL  BE
LIMITED  TO  THE  PROVISIONS SET FORTH IN SUBDIVISIONS THREE AND FOUR OF
THIS SECTION.
  6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
  § 15. Severability. If any clause,  sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial  review,
the judgment shall not affect, impair or invalidate the remainder there-
of,  but  shall  be  confined  in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the  contro-
versy in which the judgment shall have been rendered.
  §  16. This act shall take effect September 29, 2021; provided, howev-
er, that:
  (a) (i) notwithstanding any other provision of law, provisions in this
act shall not take effect unless and until the state title  IV-E  agency
submits  to  the  United States Department of Health and Human Services,
Administration for Children, Youth and Families,  an  amendment  to  the
title  IV-E  state  plan  and the United States Department of Health and
Human Services, Administration for Children, Youth and Families approves
said title IV-E state plan amendment regarding when a child is placed in
a qualified residential treatment program in relation to  the  following
components:  (1)  the  establishment  of the 30-day assessment as estab-
lished by section three of this act; (2) the  60-day  court  reviews  as
established by sections one, two, four, seven, eight, nine, ten, twelve,
thirteen  and  fourteen of this act; and (3) permanency hearing require-
ments as established by sections five, six and eleven of this act;
  (ii) provided however, that if the United States Department of  Health
and  Human  Services,  Administration  for  Children, Youth and Families
fails to approve or disapproves any of the components  listed  in  para-
graph  (i)  of this subdivision, such action shall not impact the effec-
tive date for the remaining components listed therein;
  (b) the office of children and family services shall inform the legis-
lative bill drafting commission upon the occurrence  of  the  submission
set  forth  in  subdivision (a) of this section and any approval related
thereto in order that the commission may maintain an effective and time-
ly database of the official texts of the state of laws of  New  York  in

S. 7506                            108                           A. 9506

furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law;
  (c)  if chapter 732 of the laws of 2019 shall not have taken effect on
or before such effective date, then sections one, eight, nine and twelve
of this act shall take effect on the same date and same manner as  chap-
ter 732 of the laws of 2019, takes effect;
  (d)  for  the  purposes  of this act, the term "placement" shall refer
only to placements made on or after the effective date of the Title IV-E
state plan to establish the 30-day assessment, 60-day court  review  and
permanency  hearing  requirements set forth in this act that occur on or
after its effective date; and
  (e) the office of children and family services and the office of court
administration are hereby authorized to promulgate such rules and  regu-
lations  as  may be necessary to implement the provisions of this act on
or before such effective date.

                                 PART N

  Section 1. Subdivision 10 of section 153 of the social  services  law,
as amended by section 1 of subpart B of part K of chapter 56 of the laws
of 2017, is amended to read as follows:
  10.  Expenditures  made  by a social services district for the mainte-
nance of children with disabilities, placed by school districts,  pursu-
ant  to  section  forty-four hundred five of the education law shall, if
approved by the office of children and family services,  be  subject  to
[eighteen and four hundred twenty-four thousandths percent reimbursement
by  the  state and thirty-eight and four hundred twenty-four thousandths
percent reimbursement by school districts, except  for  social  services
districts  located  within  a  city  with a population of one million or
more, where such expenditures shall be subject to] fifty-six  and  eight
hundred  forty-eight  thousandths  percent  reimbursement  by the school
district, in accordance with paragraph c of subdivision one  of  section
forty-four  hundred  five  of  the  education law, after first deducting
therefrom any federal funds received or to be  received  on  account  of
such  expenditures,  except  that  in  the case of a student attending a
state-operated school for the deaf or blind pursuant to article  eighty-
seven  or  eighty-eight  of the education law who was not placed in such
school by a school district such expenditures shall be subject to  fifty
percent  reimbursement  by the state after first deducting therefrom any
federal funds received or to be received on account of such expenditures
and there shall be no reimbursement by school districts.  Such  expendi-
tures  shall  not  be  subject to the limitations on state reimbursement
contained in subdivision two of section  one  hundred  fifty-three-k  of
this  title.  In the event of the failure of the school district to make
the maintenance payment pursuant to the provisions of this  subdivision,
the  state  comptroller  shall  withhold state reimbursement to any such
school district in an amount equal to the unpaid obligation for  mainte-
nance and pay over such sum to the social services district upon certif-
ication  of  the  commissioner  of  the  office  of  children and family
services and the commissioner of education that such funds  are  overdue
and  owed  by  such  school  district. The commissioner of the office of
children and family services, in consultation with the  commissioner  of
education,  shall  promulgate regulations to implement the provisions of
this subdivision.
  § 2. This act shall take effect immediately; provided however that the
amendments to subdivision 10 of section 153 of the social services  law,

S. 7506                            109                           A. 9506

by section one of this act, shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith.

                                 PART O

  Section  1. Subdivisions 2, 3, 4 and 5 of section 365 of the executive
law, as added by section 5 of part W of chapter 57 of the laws of  2013,
the  opening  paragraph of paragraph (a), the opening paragraph of para-
graph (b), paragraph (g), the opening paragraph of subparagraph (ii) and
clause 6 of subparagraph (ii) of  paragraph  (h)  of  subdivision  2  as
amended  by section 11 of part AA of chapter 56 of the laws of 2019, are
amended to read as follows:
  2. The establishment of the first New York  state  veterans  cemetery.
(a)  The  division,  in cooperation with the United States department of
veterans affairs, and in consultation with, and upon the support of  the
department  of  state  division  of  cemeteries,  is  hereby directed to
conduct an investigation and study on the issue of the construction  and
establishment  of  the  first  New  York  state veterans' cemetery. Such
investigation and study shall include, but not be limited to:
  (i) Potential site locations for such cemetery,  with  full  consider-
ation as to the needs of the veterans population;
  (ii) The size of the cemetery and types of grave sites;
  (iii) The number of annual interments at the cemetery;
  (iv)  Transportation  accessibility to the cemetery by veterans, their
families and the general public;
  (v) Costs for construction of the cemetery;
  (vi) Costs of operation of the cemetery, including but not limited  to
staffing costs to maintain the cemetery;
  (vii) Scalability of the cemetery for future growth and expansion;
  (viii)  Potential for funding for the cemetery from federal, local and
private sources;
  (ix) Cost of maintenance;
  (x) Data on the population that would be served by the site;
  (xi) The average age of the population in the area covered;
  (xii) The mortality rate of the veteran population for the area;
  (xiii) Surrounding land use;
  (xiv) Topography of the land;
  (xv) Site characteristics;
  (xvi) Cost of land acquisition;
  (xvii) The location of existing cemeteries including but  not  limited
to  national  veterans'  cemeteries,  county veterans' cemeteries, ceme-
teries that have plots devoted to  veterans,  not-for-profit  cemeteries
and  any  other  burial ground devoted to veterans and any other type of
burial grounds devoted to the interment of  human  remains  that  is  of
public record; and
  (xviii)  Such  other and further items as the director of the division
deems necessary for the first state veterans cemetery to be successful.
  A report of the investigation and study conclusions shall be delivered
to the governor, the temporary president of the senate, the  speaker  of
the assembly and the chair of the senate committee on veterans, homeland
security  and  military affairs, and the chair of the assembly committee
on veterans' affairs by no later than one hundred eighty days after  the
division has commenced the conduct of the investigation and study.
  (b) [Prior to the commencement of the investigation and study pursuant
to  paragraph  (a)  of this subdivision, the director of the division of
veterans' services, the director of the  division  of  the  budget,  the

S. 7506                            110                           A. 9506

director  of  the  department of state's division of cemeteries, and the
office of the state comptroller must certify to the governor, the tempo-
rary president of the senate, the speaker of the assembly, the chair  of
the  senate  finance  committee  and  the chair of the assembly ways and
means committee that the veterans remembrance and  cemetery  maintenance
and operation fund, created pursuant to section ninety-seven-mmmm of the
state  finance  law,  contains  moneys  sufficient,  adjusted to reflect
projected future inflation, to fund the operation, maintenance  and  the
provision  of  perpetual care of a state veterans' cemetery for a period
of not less than fifteen years, provided  that  such  amount  shall  not
include  any amount that shall be reimbursed or contributed to the ceme-
tery from the government of the United States or any amount  that  would
be  recoverable  by  the  cemetery  pursuant  to a charge of fee for the
provision of a grave site for a non-veteran spouse or family member.  In
making  such  a certification, the director of the division of veterans'
services, the director of the division of the budget,  the  director  of
the  department of state's division of cemeteries, and the office of the
state comptroller shall consider, but are not limited to, the  following
factors:
  (i)  physical  attributes  of  the  veterans cemetery, including size,
location, and terrain;
  (ii) management and  operation,  including  staffing  costs,  cost  of
equipment and equipment maintenance, and security costs;
  (iii)  relevant  state and federal requirements and specifications for
interment and perpetual care;
  (iv) estimates provided by the United States  department  of  veterans
affairs;
  (v) any other fiscal cost, charge or assessment that would be incurred
by the cemetery.
  (c) By no later than ninety days following the issuance of the report,
pursuant to the rules and regulations issued under paragraph (h) of this
subdivision,  the  director  shall  issue,  on behalf of the division, a
request for proposals for any local  government  desiring  to  have  the
first  state veterans cemetery located within its political subdivision.
Such request for proposals shall be returnable to  the  division  by  no
later  than  sixty  days  following  the  issuance  of  the  request for
proposals.
  (d)] No later than sixty days following the [deadline for  the  return
of requests for proposals] SUBMISSION OF THE REPORT OF THE INVESTIGATION
AND  STUDY  CONCLUSIONS pursuant to paragraph [(c)] (A) of this subdivi-
sion, the director[, in consultation with the management  board  of  the
first  New  York  state  veterans cemetery,] shall select a site for the
first New York state veterans cemetery.  In  selecting  such  site,  the
director shall consider:
  (i)  The investigation and study, and the report produced by the same,
pursuant to paragraph (a) of this subdivision;
  (ii) [The submitted responses to the  requests  for  proposals  issued
pursuant to paragraph (b) of this subdivision;
  (iii)]  The  guidelines  for  receipt  of federal funding specified in
section 2408 of title 38 of the United States code, part 39 of title  38
of the code of federal regulations, and any other relevant federal stat-
ute or regulation;
  [(iv)]  (III)  The  possibility  of  funding from private individuals,
corporations or foundations; and
  [(v)] (IV) Any other consideration that would facilitate the  success-
ful operation of the first New York state veterans cemetery.

S. 7506                            111                           A. 9506

  [(e)]  (C)  No  later  than thirty days following the selection of the
site pursuant to paragraph [(d)] (B) of this subdivision, the director[,
in consultation with the management board of the first  New  York  state
veterans  cemetery,]  shall commence the application process for funding
from  the  government of the United States, in accordance with the grant
requirements specified in section 2408 of title 38 of the United  States
code,  part  39  of title 38 of the code of federal regulations, and any
other relevant federal statute or regulation, for the purpose of seeking
funds to support the construction,  establishment,  expansion,  improve-
ment,  support,  operation,  maintenance  and the provision of perpetual
care of New York state's first veterans cemetery. Such grant application
shall be based on a site selected pursuant to  paragraph  [(d)]  (B)  of
this  subdivision,  and  shall  be  consistent  with  the guidelines for
receipt of federal funding pursuant to the relevant provisions of feder-
al law.
  [(f)] (D) A management board for the first  New  York  state  veterans
cemetery  shall  be  appointed  pursuant  to  subdivision  three of this
section.
  [(g) Nothing in this section shall be construed to authorize the divi-
sion of veterans' services to commence an investigation and study pursu-
ant to  paragraph  (a)  of  this  subdivision,  issuing  a  request  for
proposals  pursuant  to  paragraph  (c) of this subdivision, selecting a
site for the first New York state veterans' cemetery pursuant  to  para-
graph (d) of this subdivision, or submitting any application for funding
from  the  government  of the United States in accordance with the grant
requirements specified in section 2408 of title 38 of the United  States
code,  part 30 of title 38 of the code of federal regulations, and other
relevant federal statutes or regulations, for  the  purpose  of  seeking
funds  to  support  the construction, establishment, expansion, improve-
ment, support, operation, maintenance and  the  provision  of  perpetual
care  of New York state's first veterans' cemetery pursuant to paragraph
(e) of this subdivision until the funds in the veterans remembrance  and
cemetery  maintenance and operation fund have been certified pursuant to
paragraph (b) of this subdivision.]
  [(h)] (E) The director shall promulgate rules and regulations  govern-
ing:
  (i) [The guidelines and standards for the construction, establishment,
expansion,   improvement,   support,   operation,  maintenance  and  the
provision of perpetual care for a state veterans cemetery.  Such  guide-
lines shall include, but not be limited to:
  (1) The size and terrain of the cemetery;
  (2)  The  management  and operation of the cemetery, including but not
limited to:
  (A) Hours of operation;
  (B) Employees, employee relations, and employee duties;
  (C) The conduct and practice of events, ceremonies and programs;
  (D) The filing and compliance of the cemetery with state  and  federal
regulators; and
  (E)  Such  other  and further operational and management practices and
procedures as the director shall  determine  to  be  necessary  for  the
successful operation of a state veterans cemetery.
  (3) The layout of plots;
  (4)  The  locations  of building and infrastructure, including but not
limited to:
  (A) Electrical lines and facilities;
  (B) Waterlines, irrigation systems, and drainage facilities;

S. 7506                            112                           A. 9506

  (C) Trees, flowers and other plantings;
  (D)  Non  gravesite memorials, gravesite memorials, mausoleums, colum-
barium niches, headstones, grave markers, indoor  interment  facilities,
committal-service  shelters,  signage,  flag  poles,  and other memorial
gathering spaces or infrastructure;
  (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
  (F) Ponds, lakes and other water sites;
  (G) Retaining walls, gates, fences, security systems or other  devices
for cemetery protection; and
  (H)  Any  other  buildings, structures or infrastructure necessary for
the safe, efficient and effective operation of the cemetery;
  (5) The qualifications for interment, consistent with  the  provisions
of state and federal law and any requirements pursuant to the receipt of
federal, state, local or private funds;
  (6) The location and placement of interments;
  (7)  Consistent  with  the provisions of state and federal law and any
requirements pursuant to the receipt of federal, state, local or private
funds, the financial management  of  the  cemetery,  including  but  not
limited to:
  (A)  The procedures for the protection and implementation of the ceme-
tery's annual budget;
  (B) The seeking, collecting,  deposit  and  expenditure  of  operating
funds pursuant to the cemetery's budget;
  (C)  The seeking, collecting, deposit and expenditure of capital funds
pursuant to the cemetery's capital plan;
  (D) The seeking, collecting,  deposit  and  expenditure  of  emergency
funds to address an unexpected event;
  (E)  The  assessment,  charging,  collection  and  deposit of fees and
charges;
  (F) The management of cemetery finances, both current and future, with
respect to investments; and
  (G) Such other and further procedures and  activities  concerning  the
financial management of the cemetery;
  (8)  The  provision  of perpetual care for the cemetery, including but
not limited to:
  (A) The frequency, standards and methods for  the  beautification  and
maintenance  of  grounds,  memorials,  gravesites, buildings, ceremonial
sites, or other locations within, or upon the curtilage of the cemetery;
  (B) The frequency, standards and methods for the provision  of  flags,
patriotic  and  military  symbols,  and  other  honorary  items, at each
gravesite and throughout the cemetery; and
  (C) Such other and further standards as are necessary  to  assure  the
proper  perpetual care of the cemetery in a manner befitting the highest
level of honor and respect deserving to those veterans and  their  fami-
lies interred in the cemetery;
  (9) Guidelines and standards for the procurement of land for the ceme-
tery  providing  that  the state veterans cemetery, and all the property
upon which it resides shall be owned in fee simple absolute by the state
of New York;
  (10) Guidelines and standards for the practices and procedures for the
construction and establishment of a state veterans  cemetery,  including
contracting  and  purchasing  for  construction  services,  professional
services, legal services, architectural services,  consulting  services,
as  well  as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the  grants  awarded

S. 7506                            113                           A. 9506

or  pursued  from the federal government, or any source of private fund-
ing;
  (11) Guidelines and standards for the practices and procedures for the
expansion  and  improvement  of  a  state  veterans  cemetery, including
contracting  and  purchasing  for  construction  services,  professional
services,  legal  services, architectural services, consulting services,
as well as the procurement of materials, all consistent with  the  rele-
vant provisions of federal, state and local law, the regulations promul-
gated  thereunder,  and the requirements contained in the grants awarded
or pursued from the federal government, or any source of  private  fund-
ing;
  (12)  Any  other  guidelines  and  standards that would facilitate the
successful construction, establishment, expansion, improvement, support,
operation, maintenance and the provision of perpetual care for the state
veterans cemetery;
  (ii) Guidelines and standards for the request for  proposals  for  any
local  government  desiring  to  have the first state veterans' cemetery
located within its political subdivision, pursuant to paragraph  (b)  of
this subdivision, including, but not limited to:
  (1)  The form, requirements and standards required for submission of a
response to the request for proposals;
  (2) The requirement, if the director so elects, that a response  shall
require  the local government to agree to contract with the state of New
York that all costs for construction, establishment, expansion, improve-
ment, support, operation, maintenance and  the  provision  of  perpetual
care  of  the veterans cemetery shall be the sole responsibility of, and
paid by the local government, and that to the extent such costs are  not
paid  or reimbursed by the government of the United States, or a private
individual, corporation or foundation;
  (3) The requirement that the local government  will  comply  with  all
state  and federal statutes and regulations concerning the construction,
establishment, expansion, improvement, support,  operation,  maintenance
and  the provision of perpetual care of the state veterans cemetery, and
shall satisfy any and all applicable state  and  federal  standards  and
requirements for the perpetual care of the state veterans cemetery;
  (4)  That the state veterans cemetery, and all the property upon which
it resides shall be owned in fee simple absolute by  the  state  of  New
York;
  (5)  That all lands upon which such cemetery is constructed and estab-
lished shall be used solely for state veterans  cemetery  purposes,  and
for  the  purpose of providing the honor and remembrance of veterans and
their service through ceremonies and programs;
  (6) The requirement that a response shall require the local government
to agree to authorize the state of New York, in the event that the local
government fails to perform its obligations under the contract with  the
state  of New York, that the state director of the division of veterans'
services shall certify to the comptroller  any  unpaid  amounts  or  any
amounts  necessary  for  the  state  to assume the obligations which the
local government failed to perform, and the comptroller  shall,  to  the
extent  not  otherwise  prohibited by law, withhold such amount from any
state aid or other amount payable  to  such  local  government;  to  the
extent that sufficient funds are not available for such withholding, the
state  may  pursue  any  and all available legal remedies to enforce the
terms of the contract entered into between the state and a local govern-
ment pursuant to this subdivision; and

S. 7506                            114                           A. 9506

  (7) Such other and further  requirements  as  the  director  may  deem
prudent  in the facilitation of the successful siting and operation of a
state veterans cemetery in the jurisdiction of the local government; and
  (iii)]  THE MANAGEMENT, OPERATION, MAINTENANCE, EXPANSION AND IMPROVE-
MENT OF THE CEMETERY; AND
  (II) Such other and further guidelines and standards as are  necessary
for  the successful construction, establishment, expansion, improvement,
support, operation, maintenance and the provision of perpetual care  for
a state veterans cemetery;
  [(i) Upon the approval of the application for funding from the govern-
ment of the United States, made pursuant to paragraph (e) of this subdi-
vision, the director, upon consultation with the management board, shall
commence  the  process  of  construction  and establishment of the first
state veterans cemetery. Such process shall be consistent with the rele-
vant provisions of local, state and federal law, and the rules and regu-
lations established pursuant to paragraph (h) of this subdivision.]
  3. Management boards of New York state veterans  cemeteries.  (a)  For
each New York state veterans cemetery there shall be a management board.
Each  such management board shall consist of nine members, including the
director of the division who shall serve as  chair,  and  four  members,
appointed  by  the  governor.  Of  such four members, not fewer than two
shall be a veteran of the United States army, the  United  States  navy,
the  United  States  air  force, the United States marines, the New York
army national guard, the New York air national guard, the New York naval
militia, or a member who has served in a theater of combat operations of
the United States coast guard or the United States merchant marine.  Two
members shall be appointed by the temporary president of the senate, and
two  members shall be appointed by the speaker of the state assembly. At
least one of the members appointed by the  temporary  president  of  the
senate  and  at least one of the members appointed by the speaker of the
assembly shall be a veteran of the United States army, the United States
navy, the United States air force, the United States  marines,  the  New
York  army national guard, the New York air national guard, the New York
naval militia, or a member who has served in a theater of  combat  oper-
ations  of  the  United States coast guard or the United States merchant
marine. No member shall receive any compensation for his or her service,
but members who are not state officials  may  be  reimbursed  for  their
actual  and  necessary  expenses,  including travel expenses incurred in
performance of their duties. The management board may consult  with  any
federal,  state  or  local  entity  for  the  purposes  of advancing its
purposes, mission and duties.
  (b) The management board shall advise, by majority vote, the  director
on   issues  concerning  the  [construction,  establishment,  expansion,
improvement,  support,  operation,  maintenance  and  the  provision  of
perpetual care] OPERATIONS AND PERPETUAL CARE for the veterans cemetery,
including  but  not  limited  to issues of financial concern, employment
relations, cemetery policy, cemetery events and programs, and such other
and further issues as the board and director shall deem important.
  (C) THE DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD OF A STATE
VETERANS CEMETERY, MAY PROVIDE FOR THE EXPANSION AND/OR  IMPROVEMENT  OF
THE  CEMETERY.  SUCH  EXPANSION  AND  IMPROVEMENT  SHALL BE CONDUCTED IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE  DIVISION  UNDER  PARA-
GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION.
  4. Additional state veterans cemeteries. (a) [Not later than ten years
after  the  construction  and  establishment of the first New York state
veterans cemetery, and every ten  years  thereafter,  the  division,  in

S. 7506                            115                           A. 9506

cooperation with the United States department of veterans affairs, shall
conduct  an investigation and study on the issue of the construction and
establishment of additional New York  state  veterans  cemeteries.  Such
investigation and study shall consider, but not be limited to, the study
parameters  established  pursuant to paragraph (a) of subdivision two of
this section. A report of the investigation and  study  required  to  be
conducted  pursuant to this subdivision shall be delivered to the gover-
nor, the temporary president of the senate, the speaker of the  assembly
and the chair of the senate committee on veterans, homeland security and
military  affairs,  and the chair of the assembly committee on veterans'
affairs, by no later than ninety days after the division  has  commenced
the conduct of the investigation and study;
  (b) The report of the investigation and study required to be conducted
pursuant to this subdivision shall provide a determination by the direc-
tor  as  to whether the state should construct and establish one or more
additional veterans cemeteries, and shall state the reasoning and  basis
for such determination; and
  (c)] The division may, at the discretion of the director, [at any time
after five years from the completion of construction of the most recent-
ly  constructed and established state veterans cemetery,] in cooperation
with the United States department of veterans affairs, conduct an inves-
tigation and study on the issue of the construction and establishment of
additional New York state veterans cemeteries. A report of the  investi-
gation  and  study  required  to  be conducted shall be delivered to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly  and  the  chair  of the senate committee on veterans, homeland
security and military affairs, and the chair of the  assembly  committee
on  veterans'  affairs,  by no later than ninety days after the division
has commenced the conduct of the investigation and study.
  [(d)] (B) If the director, pursuant to  the  investigation  and  study
conducted  pursuant  to this subdivision, determines that there shall be
an additional state veterans cemetery in New York  state,  the  director
shall  provide for the construction and establishment of such new veter-
ans cemetery pursuant to the  same  guidelines  and  standards  for  the
construction  and  establishment  of  the  first state veterans cemetery
under this section.
  [5. Expansion and improvement of existing state  veterans  cemeteries.
The  director,  in  consultation  with  the  management board of a state
veterans cemetery, may provide for the expansion and/or  improvement  of
the  cemetery.  Such  expansion  and  improvement  shall be conducted in
accordance with the rules and regulations of the  division  under  para-
graph (h) of subdivision two of this section.]
  §  2.  The  opening  paragraph  of  paragraph (a) of subdivision 12 of
section 353 of the executive law, as added by section 3  of  part  W  of
chapter 57 of the laws of 2013, is amended to read as follows:
  For  the  purpose  of  providing  for the construction, establishment,
expansion,  improvement,  support,  operation,   maintenance   and   the
provision  of  perpetual  care for state veterans cemeteries, TO OWN AND
OPERATE, AND TO ENTER INTO SUCH CONTRACTS THAT ARE  NECESSARY  FOR  SUCH
OWNERSHIP  AND OPERATION FOR ALL STATE VETERANS CEMETERIES IN THE STATE,
to seek funding from, and make application for funding to:
  § 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

S. 7506                            116                           A. 9506

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 O of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 7506--A                                            A. 9506--A

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

                            January 22, 2020
                               ___________

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 the purchase and loan of text-books; to amend the
  education law, in relation to aid for the purchase of  school  library
  materials; to amend the education law, in relation to the purchase and
  loan of computer software and hardware; to amend the education law, in
  relation  to  boards of cooperative educational services; to amend the
  education law, in relation to the apportionment of  public  moneys  in
  school districts employing eight or more teachers including foundation
  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 conditions under which districts are entitled to
  apportionment; to amend the education  law,  in  relation  to  waiving
  certain  duties  of districts, schools or boards of cooperative educa-
  tional services; to amend the education law, in relation  to  issuance
  of  charters;  to  amend  the education law, in relation to courses of
  instruction in patriotism and  citizenship  and  in  certain  historic
  documents;  to  amend the education law, in relation to instruction in
  the Holocaust in certain schools;  to  amend  the  education  law,  in
  relation  to  moneys  apportioned  to  school districts for commercial
  gaming grants; 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 2020-2021 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-02-0

S. 7506--A                          2                         A. 9506--A

  in  relation to the effectiveness thereof; to amend chapter 169 of the
  laws of 1994, relating to certain provisions related  to  the  1994-95
  state operations, aid to localities, capital projects and debt service
  budgets,  in  relation  to the effectiveness thereof; to amend chapter
  147 of the laws of 2001, amending the education law relating to condi-
  tional appointment of school district, charter school or BOCES employ-
  ees, in relation to the effectiveness thereof; to amend chapter 425 of
  the laws of 2002, amending the education law relating to the provision
  of supplemental educational services,  attendance  at  a  safe  public
  school  and the suspension of pupils who bring a firearm to or possess
  a firearm at a school, in relation to the  effectiveness  thereof;  to
  amend  chapter  101  of  the  laws of 2003, amending the education law
  relating to implementation of the No Child Left Behind Act of 2001, in
  relation to the effectiveness thereof; to amend part C of  chapter  57
  of the laws of 2004, relating to the support of education, in relation
  to  the  effectiveness thereof; relates to school bus driver training;
  relates to  special  apportionment  for  salary  expenses  and  public
  pension  accruals;  relates to authorizing the city school district of
  the city of Rochester to purchase certain services; relates to  subal-
  locations  of  appropriations;  and  relates  to the support of public
  libraries (Part A); to amend the education law, in relation to  estab-
  lishing  the  Syracuse  Comprehensive Education and Workforce Training
  Center focusing on Science, Technology, Engineering, Arts, and Math to
  provide instruction to students in the Onondaga, Cortland and  Madison
  county  BOCES and the central New York region in the areas of science,
  technology, engineering, arts and mathematics (Part B); directing  the
  commissioner  of education to appoint a monitor for the Rochester city
  school district and establishing the powers and duties of such monitor
  and certain other officers; and  providing  for  the  repeal  of  such
  provisions  upon  the expiration thereof (Part C); to amend the educa-
  tion law, in relation to predictable tuition allowing  annual  tuition
  increase  for  SUNY  and CUNY schools; and to amend chapter 260 of the
  laws of 2011, amending the education law and the New York state  urban
  development corporation act relating to establishing components of the
  NY-SUNY 2020 challenge grant program, in relation to the effectiveness
  thereof  (Part D); to amend the education law, in relation to adjusted
  gross income qualification for the excelsior scholarship (Part E);  to
  amend the education law, in relation to adjusted gross income caps for
  enhanced  tuition  awards  (Part F); to amend the business corporation
  law, the partnership law and the limited  liability  company  law,  in
  relation to certified public accountants (Part G); to utilize reserves
  in  the mortgage insurance fund for various housing purposes (Part H);
  to amend the emergency tenant protection act of nineteen seventy-four,
  in relation to authorizing a payment offset  for  rent  administration
  costs  (Part  I);  to amend the labor law, in relation to guaranteeing
  sick leave (Part J); to amend the social services law, in relation  to
  increasing  the standards of monthly need for aged, blind and disabled
  persons living in the community (Part K); to amend  the  family  court
  act,  in  relation  to  judgments  of  parentage of children conceived
  through assisted reproduction or pursuant to surrogacy agreements;  to
  amend  the  domestic relations law, in relation to restricting genetic
  surrogate parenting contracts; to amend  the  public  health  law,  in
  relation to voluntary acknowledgments of parentage, gestational surro-
  gacy  and  regulations  concerning  ova donation; to amend the general
  business law, the estates, powers  and  trusts  law,  and  the  social
  services law, in relation to the regulation of surrogacy programs; and

S. 7506--A                          3                         A. 9506--A

  to repeal section 73 of the domestic relations law, relating to legit-
  imacy  of  children born by artificial insemination (Part L); to amend
  the social services law and the  family  court  act,  in  relation  to
  compliance with the Federal Family First Prevention Services Act (Part
  M);  to  amend  the  social services law, in relation to restructuring
  financing for residential school placements (Part  N);  to  amend  the
  executive law, in relation to New York state veterans cemeteries (Part
  O);  and  to  amend the education law, in relation to establishing the
  curing Alzheimer's health consortium (Part P);

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Enacts into law major components of legislation necessary
to implement the state education, labor, housing and  family  assistance
budget  for  the  2020-2021 state fiscal year.  Each component is wholly
contained within a Part identified as Parts A through P.  The  effective
date  for  each  particular  provision contained within such Part is set
forth in the last section of such Part. Any  provision  in  any  section
contained within a Part, including the effective date of the Part, which
makes  a  reference  to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found.   Section  three
of this act sets forth the general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion  law, as amended by section 1 of part YYY of chapter 59 of the laws
of 2019, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as  in  good  standing,  shall  submit  a
contract  for excellence for the two thousand twelve--two thousand thir-
teen school  year  which  shall,  notwithstanding  the  requirements  of
subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
provide for the expenditure of an amount which shall be  not  less  than
the  amount  approved by the commissioner in the contract for excellence

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

S. 7506--A                          5                         A. 9506--A

teen--two  thousand  eighteen  school year; and provided further that, a
school district that submitted a contract for  excellence  for  the  two
thousand eighteen--two thousand nineteen school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for  the  two  thousand  nineteen--two  thousand
twenty  school  year  which  shall,  notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand eighteen--two thousand nineteen school year; AND
PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A  CONTRACT  FOR
EXCELLENCE  FOR  THE  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR, UNLESS ALL SCHOOLS IN THE  DISTRICT  ARE  IDENTIFIED  AS  IN  GOOD
STANDING,  SHALL  SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO
OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR.  For purposes of this paragraph, the "gap  elimination  adjustment
percentage"  shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for  two
thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten,  making  appropriations  for  the
support  of  government,  plus  the  school  district's  gap elimination
adjustment for two thousand  eleven--two  thousand  twelve  as  computed
pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
making appropriations for the support of the  local  assistance  budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance  budget,  including support for general support for public schools.
Provided, further, that such amount shall be  expended  to  support  and
maintain  allowable programs and activities approved in the two thousand
nine--two thousand ten school year or to support new or expanded  allow-
able programs and activities in the current year.
  §  2.  Section  701 of the education law, as amended by chapter 587 of
the laws of 1973, subdivision 2 as amended by section 1 of  part  A1  of
chapter  58 of the laws of 2011, subdivision 3 as amended by chapter 391
of the laws of 1989, subdivision 4 as amended by chapter 82 of the  laws
of  1995,  subdivision 6 as amended by section 6 of part B of chapter 57
of the laws of 2007, subdivision 7 as amended by section 2 of part A  of
chapter  436  of the laws of 1997, and subdivision 8 as added by chapter
635 of the laws of 1984, is amended to read as follows:
  § 701. Power to designate text-books; purchase and loan of text-books;
purchase of supplies. 1. In the several cities and school  districts  of
the  state,  boards  of  education,  trustees or such body or officer as
perform the functions of such boards, shall designate text-books  to  be
used in the schools under their charge.
  2.  A  text-book, for the purposes of this section shall mean: (i) any
book, or a book substitute, which shall include hard covered  or  paper-
back  books, work books, or manuals and (ii) for expenses incurred after
July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
content-based  instructional  materials in an electronic format, as such
terms are defined in the regulations of the commissioner, which a  pupil
is  required  to  use  as  a text, or a text-substitute, in a particular

S. 7506--A                          6                         A. 9506--A

class or program in the school he or she legally attends.  For  expenses
incurred  on  or  after July first, two thousand eleven, AND BEFORE JULY
FIRST, TWO THOUSAND NINETEEN, a  text-book  shall  also  mean  items  of
expenditure  that are eligible for an apportionment pursuant to sections
seven hundred eleven,  seven  hundred  fifty-one  and/or  seven  hundred
fifty-three of this title, where such items are designated by the school
district  as eligible for aid pursuant to this section, provided, howev-
er, that if aided pursuant to this section, such expenses shall  not  be
aidable pursuant to any other section of law.  Expenditures aided pursu-
ant  to this section shall not be eligible for aid pursuant to any other
section of law. Courseware or other content-based instructional  materi-
als  in  an  electronic  format  included  in the definition of textbook
pursuant to this subdivision shall be subject to the same limitations on
content as apply to books or book substitutes  aided  pursuant  to  this
section.
  3.  In the several cities and school districts of the state, boards of
education, trustees or such body or officers as perform the function  of
such  boards  shall have the power and duty to purchase and to loan upon
individual request, textbooks, to all children residing in such district
who are enrolled in a public school  including  children  attending  the
public  schools  of  the  district  for whom the district is eligible to
receive reimbursement pursuant to paragraph a of  subdivision  eight  of
section  thirty-two hundred two of this chapter, provided, however, that
such children shall not be counted by any other school district, and  to
all  children  residing in such district who are enrolled in a nonpublic
school. Textbooks loaned to children enrolled in said nonpublic  schools
shall be textbooks which are designated for use in any public schools of
the  state or are approved by any boards of education, trustees or other
school authorities. Such textbooks are to be loaned free to  such  chil-
dren  subject  to such rules and regulations as are or may be prescribed
by the board of regents and such boards of education, trustees or  other
school authorities. Enrollment shall be as defined in subdivision one of
section thirty-six hundred two of this chapter.
  4.  No  school  district  shall  be  required to purchase or otherwise
acquire textbooks, the cost of which shall exceed an amount equal to the
[apportionment] TEXTBOOK FACTOR pursuant  to  subdivision  six  of  this
section  plus a minimum lottery grant determined pursuant to subdivision
four of section ninety-two-c of the state finance law multiplied by [the
number of children residing in such district and so enrolled in the base
year] THE SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN  THROUGH  TWELVE
IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX
OF  PARAGRAPH  N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER; and no school district shall be required to loan textbooks
in excess of the textbooks owned or acquired by such district; provided,
however that all textbooks owned or acquired by such district  shall  be
loaned  to  children  residing in the district and so enrolled in public
and nonpublic schools on an equitable basis.
  5. In the several cities and school districts of the state, boards  of
education,  trustees  or  other school authorities may purchase supplies
and either rent, sell or loan the  same  to  the  pupils  attending  the
public  schools  in such cities and school districts upon such terms and
under such rules and regulations as may be prescribed by such boards  of
education, trustees or other school authorities.
  6. The commissioner, in addition to the annual apportionment of public
monies  pursuant  to other articles of this chapter, IN THE TWO THOUSAND
NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR shall  apportion  to

S. 7506--A                          7                         A. 9506--A

each  school  district  an  amount  equal  to  the cost of the textbooks
purchased and loaned by the district pursuant to  this  section  in  the
base  year,  but  in  no  case shall the aid apportioned to the district
exceed  the product of the textbook factor plus a minimum lottery grant,
determined pursuant to subdivision four of section ninety-two-c  of  the
state finance law, and the sum of the enrollments in grades kindergarten
through  twelve  in  the  base year calculated pursuant to subparagraphs
four, five, and six of paragraph n of subdivision one of  section  thir-
ty-six hundred two of this chapter. Aid payable pursuant to this section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO  THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY  SCHOOL YEAR, the textbook factor shall equal forty-three dollars
and twenty-five cents.  FOR PURPOSES OF DETERMINING  LOANS  PURSUANT  TO
SUBDIVISIONS  THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND TWENTY-
-TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE TEXTBOOK FACTOR
SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS.
  7. The apportionment provided for in this section shall  be  paid,  at
such  times as may be determined by the commissioner and approved by the
director of the budget, during the school year in which the expenditures
are reported to the department prior to such apportionment. Expenditures
by a school district in excess of the product  of  the  textbook  factor
plus  a minimum lottery grant determined pursuant to subdivision four of
section ninety-two-c of the state finance law and the sum of the enroll-
ments in grades kindergarten through twelve in the base year  calculated
pursuant to subparagraphs four, five, and six of paragraph n of subdivi-
sion one of section thirty-six hundred two of this chapter in any school
year  shall be deemed approved operating expense of the district for the
purpose of computation of  state  aid  pursuant  to  section  thirty-six
hundred  two  of this chapter, but expenditures up to such product shall
not be deemed approved operating expenses for such purpose.
  8. In its discretion, a board of education may adopt regulations spec-
ifying the date by which requests for the purchase and loan of textbooks
must be received by the district. Notice of such date shall be given  to
all  non-public  schools.  Such date shall not be earlier than the first
day of June of the school year prior to that for  which  such  textbooks
are  being  requested, provided, however, that a parent or guardian of a
child not attending a particular non-public school prior to  June  first
of  the  school  year  may submit a written request for textbooks within
thirty days after such child is enrolled in such non-public  school.  In
no  event  however  shall  a request made later than the times otherwise
provided pursuant to this  subdivision  be  denied  where  a  reasonable
explanation is given for the delay in making the request.
  §  3. Subdivision 4 of section 711 of the education law, as amended by
section 4 of part C of chapter 58 of the laws of  1998,  is  amended  to
read as follows:
  4.  Commencing  July first, nineteen hundred ninety eight THROUGH JUNE
THIRTIETH, TWO THOUSAND TWENTY, the commissioner,  in  addition  to  the
annual apportionment of public monies pursuant to other articles of this
chapter,  shall apportion to each school district an amount equal to the
cost of the school library materials purchased by the district  pursuant
to  this  section  in the base year, but in no case shall the aid appor-
tioned to the district exceed  the  product  of  the  library  materials
factor  and  the  sum  of  public  school district enrollment, nonpublic
school enrollment,  and  additional  public  enrollment  as  defined  in

S. 7506--A                          8                         A. 9506--A

subparagraphs  two,  three, and six of paragraph n of subdivision one of
section thirty-six hundred two of this chapter.  Aid payable pursuant to
this section shall be deemed final and not subject to change after April
thirtieth of the school year for which payment was due.
  §  4.  Subdivision  2 of section 712 of the education law, as added by
chapter 53 of the laws of 1985, is amended to read as follows:
  2. No school district shall be required to loan school library materi-
als in excess of the school library materials owned [or],  acquired,  OR
DESIGNATED  by such district pursuant to section seven hundred eleven of
this article PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT  EXCEED  THE
PRODUCT  OF  THE  LIBRARY  MATERIALS FACTOR AND THE SUM OF PUBLIC SCHOOL
DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL  PUBLIC
ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N
OF  SUBDIVISION  ONE  OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
Such school library materials shall be loaned on an equitable  basis  to
children defined in subdivision three of section seven hundred eleven of
this article attending in the current year. The payment of tuition under
article eighty-nine of this chapter is deemed to be an equitable loan to
children for whom such tuition is paid.
  §  5. Subdivision 4 of section 751 of the education law, as amended by
section 3 of part H of chapter 83 of the laws of  2002,  is  amended  to
read as follows:
  4. The commissioner, in addition to the annual apportionment of public
monies  pursuant  to other articles of this chapter, IN THE TWO THOUSAND
NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR shall  apportion  to
each  school  district  an  amount  equal  to  the  cost of the software
programs purchased by the district pursuant to this section in the  base
year,  but  in  no case shall the aid apportioned to the district exceed
the product of the software factor and the sum of public school district
enrollment, nonpublic school enrollment, and additional  public  enroll-
ment  as  defined in subparagraphs two, three, and six of paragraph n of
subdivision one of section thirty-six hundred two of this chapter.
  For aid payable in the nineteen hundred ninety-seven--ninety-eight and
nineteen hundred ninety-eight--ninety-nine school  years,  the  software
factor  shall  equal four dollars and fifty-eight cents. For aid payable
in the nineteen hundred ninety-nine--two thousand school year, the soft-
ware factor shall equal seven dollars  and  fifty-five  cents.  For  aid
payable  in the two thousand--two thousand one school year, the software
factor shall equal fourteen dollars  and  ninety-eight  cents.  For  aid
payable in the two thousand one--two thousand two school year, the soft-
ware  factor  shall equal twenty-three dollars and ninety cents. For aid
payable in the two thousand two--two  thousand  three  school  year  and
thereafter,  the  software factor shall equal fourteen dollars and nine-
ty-eight cents. The apportionment provided for in this section shall  be
paid at such times as may be determined by the commissioner and approved
by  the  director  of  the  budget. Aid payable pursuant to this section
shall be deemed final and not subject to change after April thirtieth of
the school year for which payment was due.
  § 6. Subdivision 2 of section 752 of the education law, as amended  by
chapter 257 of the laws of 1984, is amended to read as follows:
  2.  No  school district shall be required to loan software programs in
excess of the software programs owned [or], acquired, OR  DESIGNATED  by
such  district pursuant to section seven hundred fifty-one of this arti-
cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF
THE SOFTWARE FACTOR AND THE SUM OF PUBLIC  SCHOOL  DISTRICT  ENROLLMENT,
NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED

S. 7506--A                          9                         A. 9506--A

IN  SUBPARAGRAPHS  TWO, THREE, AND SIX OF PARAGRAPH N OF SUBDIVISION ONE
OF SECTION THIRTY-SIX HUNDRED  TWO  OF  THIS  CHAPTER.    Such  software
programs  shall  be  loaned on an equitable basis to children defined in
subdivision  three  of  section  seven hundred fifty-one of this article
attending in the current year. The  payment  of  tuition  under  article
eighty-nine  of  this chapter is deemed to be an equitable loan to chil-
dren for whom such tuition is paid.
  § 7. Section 753 of the education law, as added by section 7-a of part
B of chapter 57 of the laws of 2007, subdivision 1 as amended by section
4 of part A1 of chapter 58 of the laws of 2011, is amended  to  read  as
follows:
  § 753. Instructional computer hardware and technology equipment appor-
tionment.  1. In addition to any other apportionment under this chapter,
a school district shall be  eligible  for  an  apportionment  under  the
provisions  of  this  section IN THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR AND PRIOR for approved expenses for (i) the  purchase
or  lease  of  micro  and/or  mini  computer  equipment or terminals for
instructional purposes or (ii) technology equipment, as defined in para-
graph c of subdivision two  of  this  section,  used  for  instructional
purposes,  or  (iii)  for  the repair of such equipment and training and
staff development for instructional purposes as provided hereinafter, or
(iv) for expenses incurred on or after July first, two  thousand  eleven
AND  BEFORE  JULY FIRST, TWO THOUSAND NINETEEN, any items of expenditure
that are eligible  for  an  apportionment  pursuant  to  sections  seven
hundred one, seven hundred eleven and/or seven hundred fifty-one of this
title,  where such items are designated by the school district as eligi-
ble for aid pursuant to this section, provided, however, that  if  aided
pursuant to this section, such expenses shall not be aidable pursuant to
any  other section of law. Such aid shall be provided pursuant to a plan
developed by the district which demonstrates to the satisfaction of  the
commissioner  that  the  instructional  computer  hardware  needs of the
district's public school students have been adequately met and that  the
school  district  has  provided  for  the loan of instructional computer
hardware to students legally attending  nonpublic  schools  pursuant  to
section  seven  hundred  fifty-four of this article.   The apportionment
shall equal the lesser of such approved expense in the base year or, the
product of (i) the technology factor, (ii) the sum of the public  school
district enrollment and the nonpublic school enrollment in the base year
as  defined in subparagraphs two and three of paragraph n of subdivision
one of section thirty-six hundred two of this  chapter,  and  (iii)  the
building aid ratio, as defined in subdivision four of section thirty-six
hundred  two of this chapter. For aid payable in the two thousand seven-
-two thousand eight school year and thereafter,  the  technology  factor
shall be twenty-four dollars and twenty cents. A school district may use
up  to  twenty percent of the product of (i) the technology factor, (ii)
the sum of the public  school  district  enrollment  and  the  nonpublic
school  enrollment  in the base year as defined in subparagraphs two and
three of paragraph n of subdivision one of  section  thirty-six  hundred
two  of this chapter, and (iii) the building aid ratio for the repair of
instructional computer hardware and technology  equipment  and  training
and  staff  development  for  instructional  purposes pursuant to a plan
submitted to the commissioner.
  2. As used in this article:
  a. "Current year" shall have the same meaning as that term is  defined
in subdivision one of section thirty-six hundred two of this chapter;

S. 7506--A                         10                         A. 9506--A

  b.  "Base year" shall have the same meaning as that term is defined in
subdivision one of section thirty-six hundred two of this article; and
  c.  "Technology  equipment",  for  the purposes of this article, shall
mean equipment with a useful life used in conjunction with or in support
of educational programs including but not limited to video, solar  ener-
gy,  robotic,  satellite,  laser and such other equipment as the commis-
sioner shall approve provided that expenses for the purchase or lease of
such equipment shall not be eligible for aid under any other  provisions
of this chapter.
  3.  No  school  district  shall  be  required to purchase or otherwise
acquire instructional computer hardware  or  technology  equipment,  the
cost of which exceeds, FOR THE TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY
SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant to this
section, AND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR  AND THEREAFTER, THE PRODUCT OF (I) THE TECHNOLOGY FACTOR, (II) THE
SUM OF THE PUBLIC SCHOOL DISTRICT ENROLLMENT AND  THE  NONPUBLIC  SCHOOL
ENROLLMENT IN THE BASE YEAR AS DEFINED IN SUBPARAGRAPHS TWO AND THREE OF
PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER, AND (III) THE BUILDING AID RATIO.
  4.  The  apportionment  provided  for in this section shall be paid at
such times as may be determined by the commissioner and approved by  the
director of the budget, during the school year in which the expenditures
are  reported  to  the  department  prior to such apportionment, but not
earlier than the school year after the school year in which expenses are
incurred.
  5. Expenses aided pursuant to this section shall not be  eligible  for
aid pursuant to any other provision of this chapter.
  §  8. Paragraphs a, f, g and h of subdivision 5 of section 1950 of the
education law, paragraph a as amended by section 4 and  paragraph  g  as
amended  by section 5 of part C of chapter 57 of the laws of 2004, para-
graph f as amended by chapter 53 of the laws of 1981, and paragraph h as
added by section 1 of part L of chapter 57 of  the  laws  of  2005,  are
amended to read as follows:
  a. Upon application by a board of cooperative educational services, IN
THE  TWO  THOUSAND  NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR,
there shall be apportioned and paid from state funds to  each  board  of
cooperative educational services an amount which shall be the product of
the  approved  cost  of  services actually incurred during the base year
multiplied by the sharing ratio for cooperative educational services aid
which shall equal the greater of: (i) an amount equal to one  minus  the
quotient  expressed  as  a  decimal  to three places without rounding of
eight mills divided by the tax rate of the local district computed  upon
the  actual  valuation  of  taxable  property, as determined pursuant to
subdivision one of section thirty-six hundred two of  this  chapter  and
notwithstanding  section  three thousand six hundred three, expressed in
mills to the nearest tenth as determined by the commissioner,  provided,
however,  that where services are provided to a school district which is
included within a central high school district  or  to  a  central  high
school  district,  such  amount  shall  equal  one  minus  the  quotient
expressed as a decimal to three places without rounding of  three  mills
divided  by  the  tax rates, expressed in mills to the nearest tenth, of
such districts, as determined by the commissioner or (ii) the aid  ratio
of each school district for the current year, which shall be such compo-
nent  school  district's  board  of cooperative educational services aid
ratio and which shall be not less than thirty-six percent  converted  to
decimals  and  shall  be not more than ninety percent converted to deci-

S. 7506--A                         11                         A. 9506--A

mals. For the purposes of this paragraph, the  tax  rate  of  the  local
district computed upon the actual valuation of taxable property shall be
the  sum  of  the  amount  of tax raised by the school district plus any
payments  in  lieu  of taxes received by the school district pursuant to
section four hundred eighty-five of the real property tax  law,  divided
by  the  actual valuation of the school district, provided, however that
the tax rate for a central high school district shall be the sum of  the
amount  of  tax  raised  by  the  common and union free school districts
included within the central high school district for the support of  the
central high school district plus any payments in lieu of taxes received
for  the support of the central high school district pursuant to section
four hundred eighty-five of the real property tax law,  divided  by  the
actual  valuation  of the central high school district. The tax rate for
each common or union free school district which  is  included  within  a
central  high  school district shall be the sum of the amount raised for
the support of such common  or  union  free  school  district  plus  any
payments  in  lieu  of  taxes  received  for  the  support of the school
district pursuant to section four hundred eighty-five of the real  prop-
erty tax law, exclusive of the amount raised for the central high school
district,  divided  by the actual valuation of such common or union free
school district.
  f. The sum  of  the  amounts  determined  for  each  component  school
district  as  the  apportionment to the board of cooperative educational
services pursuant to the provisions of this section shall  not  be  less
than  the  amount  which would have been apportioned during the nineteen
hundred sixty-seven--sixty-eight school year  under  the  provisions  of
this subdivision as in effect on December thirty-first, nineteen hundred
sixty-six  to the board of cooperative educational services of which the
district was a component member for which such apportionment  was  made,
except  that  such minimum apportionment shall be reduced in any year in
which the expenditures of the component district for  board  of  cooper-
ative educational purposes fall below the expenditure on which the nine-
teen  hundred  sixty-seven--sixty-eight  apportionment  to  the board of
cooperative educational services was based, such reduction to be made on
a proportionate basis, PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL  NO
LONGER APPLY COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR.
  g. Any payment required by a board of cooperative educational services
to the dormitory authority or any payment required by a board of cooper-
ative  educational services to acquire or construct a school facility of
the board of cooperative educational  services,  and  any  payments  for
rental  of  facilities  by  a  board of cooperative educational services
shall, for the purposes of apportionment of public moneys to  the  board
of  cooperative educational services by the state of New York, be deemed
to be an administrative or capital expense, as designated by the commis-
sioner, but the entire amount of  such  payment  shall  be  utilized  in
making such apportionment and the limitation of ten percent of the total
expenses  contained  in  this  subdivision  shall not be applicable. Any
expense designated by the commissioner as a  capital  expense  shall  be
included  in  the capital budget of the board of cooperative educational
services and, except as otherwise provided in this paragraph,  shall  be
aided  in the same manner as an administrative expense, PROVIDED, HOWEV-
ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. Any such payment shall  not
be  considered  part  of the total expenses of the board for purposes of
determining the administrative and clerical expenses not to  exceed  ten

S. 7506--A                         12                         A. 9506--A

percent  otherwise  eligible  for  aid  under this subdivision, and such
payments shall be considered for the purpose of apportionment during the
current school year such payment is made.  The  apportionment  for  such
payments  shall  be determined by multiplying the amount of such payment
allocated to each component school district in the board of  cooperative
educational services by the aid ratio, and shall be not more than ninety
percent  converted to decimals, of each such component computed pursuant
to subdivision three of section  thirty-six  hundred  two  and  used  to
apportion  aid  to  that district in that current school year; provided,
however, the apportionment for  the  construction,  acquisition,  recon-
struction, rehabilitation, or improvement of board of cooperative educa-
tional services facilities, including payments to the dormitory authori-
ty  and payments under any lease agreement, shall be based upon the cost
of the board of cooperative educational services school  facilities  but
not to exceed the cost allowance set forth in subdivision six of section
thirty-six  hundred  two  of  the  education law and payments for rental
facilities shall be subject to the approval of the commissioner.
  h. Each board of cooperative educational services receiving a  payment
pursuant  to  paragraph  a  of  this  subdivision and section thirty-six
hundred nine-d of this chapter, IN THE TWO THOUSAND NINETEEN--TWO  THOU-
SAND  TWENTY  SCHOOL YEAR AND PRIOR, shall be required to set aside from
such payment an amount not less than the amount of  state  aid  received
pursuant  to  paragraph  a of this subdivision in the base year that was
attributable to cooperative services  agreements  (CO-SERs)  for  career
education,  as  determined by the commissioner, and shall be required to
use such amount to support career  education  programs  in  the  current
year.
  § 9. Subparagraph (ii) of paragraph j of subdivision 1 of section 3602
of  the  education law, as amended by section 11 of part B of chapter 57
of the laws of 2007, is amended and a new paragraph (iii)  is  added  to
read as follows:
  (ii)  For  aid  payable  in  the two thousand eight--two thousand nine
school year THROUGH TWO THOUSAND NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL
YEAR, AND IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
YEAR and thereafter, the total foundation aid base shall equal the total
amount  a  district was eligible to receive in the base year pursuant to
subdivision four of this section.
  (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWEN-
TY-ONE SCHOOL YEAR, THE TOTAL FOUNDATION AID BASE SHALL EQUAL THE SUM OF
  (1)  THE  TOTAL  AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE
YEAR PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, PLUS
  (2) THE TOTAL AMOUNTS SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "2019-20
CLAIMED  BOCES  AID",  "2019-20  ACADEMIC  IMPRVMT AID", "2019-20 CAREER
EDUCATION AID", "2019-20 COMPUTER ADMIN AID", "2019-20 HARDWARE &  TECH-
NOL  AID",  "2019-20  SOFTWARE  AID",  "2019-20  LIBRARY MATERIALS AID",
"2019-20 TEXTBOOK AID", "2019-20  CHRTR  SCH  TRANSTNL  AID",  "ACADEMIC
ENHANCEMENT",  "HIGH  TAX  AID", AND "SUPP PUB EXCESS COST", IN THE DATA
FILE PRODUCED BY THE COMMISSIONER IN SUPPORT  OF  THE  EXECUTIVE  BUDGET
REQUEST FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR
AND ENTITLED "BT202-1".
  §  10.  Paragraph  e of subdivision 4 of section 3602 of the education
law, as amended by section 4 of part YYY of chapter 59 of  the  laws  of
2019, is amended to read as follows:
  e.  Community  schools  aid  set-aside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal to the sum of (i) the amount, if

S. 7506--A                         13                         A. 9506--A

any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the
data file produced by the commissioner in support of the enacted  budget
for  the  two  thousand  sixteen--two thousand seventeen school year and
entitled "SA161-7", (ii) the amount, if any, set forth for such district
as  "COMMUNITY  SCHL INCR" in the data file produced by the commissioner
in support of the executive budget request for the two  thousand  seven-
teen--two  thousand  eighteen  school year and entitled "BT171-8", (iii)
the amount, if any, set forth for such district  as  "COMMUNITY  SCHOOLS
INCREASE"  in  the  data file produced by the commissioner in support of
the executive budget for the two thousand eighteen--two  thousand  nine-
teen  school year and entitled "BT181-9", [and] (iv) the amount, if any,
set forth for such district as "19-20 COMMUNITY  SCHOOLS  INCR"  in  the
data file produced by the commissioner in support of the executive budg-
et  for  the  two thousand nineteen--two thousand twenty school year and
entitled "BT192-0", AND (V) THE AMOUNT,  IF  ANY,  SET  FORTH  FOR  SUCH
DISTRICT  AS "20-21 COMMUNITY SCHOOLS INCR" IN THE DATA FILE PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL  YEAR  AND  ENTITLED  "BT202-1".
Each school district shall use such "COMMUNITY SCHL AID (BT1617)" amount
to support the transformation of school buildings into community hubs to
deliver  co-located  or  school-linked  academic, health, mental health,
nutrition, counseling, legal and/or other services to students and their
families, including but not limited to providing a community school site
coordinator, or to support other costs incurred  to  maximize  students'
academic  achievement.  Each  school  district shall use such "COMMUNITY
SCHL INCR" amount to support the transformation of school buildings into
community hubs to deliver co-located or school linked academic,  health,
mental  health  services  and  personnel, after-school programming, dual
language programs, nutrition, counseling, legal and/or other services to
students and their families, including but not limited  to  providing  a
community  school  site  coordinator  and  programs for English language
learners, or to support  other  costs  incurred  to  maximize  students'
academic  achievement,  provided  however  that  a school district whose
"COMMUNITY SCHL INCR" amount exceeds one  million  dollars  ($1,000,000)
shall  use  an amount equal to the greater of one hundred fifty thousand
dollars ($150,000) or ten percent of such "COMMUNITY SCHL  INCR"  amount
to support such transformation at schools with extraordinary high levels
of  student  need  as  identified  by  the  commissioner, subject to the
approval of the director of the budget. Each school district  shall  use
such  "COMMUNITY  SCHOOLS  INCREASE"  to  support  the transformation of
school buildings into community hubs to  deliver  co-located  or  school
linked  academic,  health,  mental health services and personnel, after-
school programming, dual language programs, nutrition, counseling, legal
and/or other services to students and their families, including but  not
limited  to  providing  a community school site coordinator and programs
for English language learners, or to support  other  costs  incurred  to
maximize  students' academic achievement. Each school district shall use
such "19-20 COMMUNITY SCHOOLS INCR" to  support  the  transformation  of
school  buildings  into  community  hubs to deliver co-located or school
linked academic, health, mental health services  and  personnel,  after-
school  programming,  dual language programs, nutrition, trauma informed
support, counseling, legal and/or other services to students  and  their
families, including but not limited to providing a community school site
coordinator  and  programs  for English language learners, or to support
other costs incurred to maximize students' academic achievement.    EACH
SCHOOL DISTRICT SHALL USE SUCH "20-21 COMMUNITY SCHOOLS INCR" TO SUPPORT

S. 7506--A                         14                         A. 9506--A

THE  TRANSFORMATION  OF  SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER
CO-LOCATED OR SCHOOL LINKED ACADEMIC, HEALTH, MENTAL HEALTH SERVICES AND
PERSONNEL, AFTER-SCHOOL PROGRAMMING, DUAL LANGUAGE PROGRAMS,  NUTRITION,
TRAUMA  INFORMED  SUPPORT,  COUNSELING,  LEGAL  AND/OR OTHER SERVICES TO
STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED  TO  PROVIDING  A
COMMUNITY  SCHOOL  SITE  COORDINATOR  AND  PROGRAMS FOR ENGLISH LANGUAGE
LEARNERS.
  § 11. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
  H. FOUNDATION AID PAYABLE IN THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND
TWENTY-ONE  SCHOOL  YEAR.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND  TWENTY--TWO  THOU-
SAND  TWENTY-ONE SCHOOL YEAR SHALL EQUAL THE SUM OF (1) ADJUSTED FOUNDA-
TION AID AS DEFINED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH PLUS (2)  THE
GREATER  OF  TIERS  A  THROUGH E PLUS (3) THE COMMUNITY SCHOOLS SETASIDE
INCREASE.
  FOR THE PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID  REMAINING"  SHALL
MEAN  THE  POSITIVE  DIFFERENCE,  IF  ANY,  OF  (1) TOTAL FOUNDATION AID
COMPUTED PURSUANT TO THIS SUBDIVISION LESS (2) THE TOTAL FOUNDATION  AID
BASE  COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J OF SUBDIVI-
SION ONE OF THIS SECTION.
  FOR THE PURPOSES OF THIS PARAGRAPH:
  (I) "TIER A" SHALL EQUAL THE PRODUCT OF THE FOUNDATION  AID  REMAINING
MULTIPLIED BY (A) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF  ONE  MILLION  OR MORE, TWENTY-SIX THOUSAND THREE HUNDRED SIXTY-SEVEN
ONE HUNDRED-THOUSANDTHS (0.26367), (B)  FOR  CITY  SCHOOL  DISTRICTS  IN
CITIES  WITH  POPULATIONS GREATER THAN ONE HUNDRED AND TWENTY-FIVE THOU-
SAND BUT LESS THAN ONE MILLION, EIGHTEEN ONE-HUNDREDTHS (0.18), AND  (C)
FOR ALL OTHER DISTRICTS, FOUR ONE-HUNDREDTHS (0.04).
  (II)  "TIER B" SHALL EQUAL THE PRODUCT OF THE FOUNDATION AID REMAINING
MULTIPLIED BY THE TIER B PHASE-IN FACTOR, WHERE  THE  "TIER  B  PHASE-IN
FACTOR" SHALL EQUAL THE PRODUCT OF NINE ONE-HUNDREDTHS (0.09) MULTIPLIED
BY  THE TIER B SCALED FACTOR, AND WHERE THE "TIER B SCALED FACTOR" SHALL
EQUAL THE DIFFERENCE OF ONE LESS THE SQUARED PRODUCT OF THE PUPIL WEALTH
RATIO COMPUTED PURSUANT TO PARAGRAPH A  OF  SUBDIVISION  THREE  OF  THIS
SECTION  MULTIPLIED  BY  SIXTY-FOUR ONE-HUNDREDTHS (0.64), PROVIDED THAT
SUCH DIFFERENCE SHALL BE NO GREATER THAN NINE TENTHS (0.9) NOR LESS THAN
ZERO.
  (III) "TIER C" SHALL EQUAL, FOR SCHOOL DISTRICTS WITH A MODIFIED FREE-
AND REDUCED-PRICE LUNCH INDEX OF ONE AND ONE-HALF (1.5) OR GREATER,  THE
PRODUCT  OF  PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR  MULTI-
PLIED  BY  THE  TIER C PER PUPIL AMOUNT, WHERE "TIER C PER PUPIL AMOUNT"
SHALL EQUAL THE PRODUCT OF (A) ONE HUNDRED FORTY-EIGHT DOLLARS AND EIGH-
TEEN CENTS ($148.18) MULTIPLIED BY (B) THE REGIONAL COST INDEX  COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH A OF THIS SUBDIVISION FOR SUCH
SCHOOL  DISTRICT  MULTIPLIED  BY (C) THE MODIFIED FREE AND REDUCED-PRICE
LUNCH INDEX MULTIPLIED BY (D) THE DIFFERENCE OF TWO LESS THE PRODUCT  OF
ONE AND ONE-HALF (1.5) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL
FOUNDATION  AID  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT SUCH  DIFFERENCE  SHALL
BE  NO  GREATER THAN NINE TENTHS (0.9) NOR LESS THAN ZERO, AND WHERE THE
"MODIFIED FREE AND REDUCED-PRICE LUNCH INDEX" SHALL EQUAL  THE  QUOTIENT
ARRIVED  AT  WHEN DIVIDING THE THREE YEAR AVERAGE FREE AND REDUCED-PRICE
LUNCH PERCENT FOR THE CURRENT YEAR COMPUTED PURSUANT TO PARAGRAPH  P  OF
SUBDIVISION  ONE OF THIS SECTION OF THE SCHOOL DISTRICT BY THE STATEWIDE

S. 7506--A                         15                         A. 9506--A

AVERAGE OF SUCH PERCENT EXCLUDING ANY CITY SCHOOL  DISTRICT  IN  A  CITY
WITH A POPULATION OF ONE MILLION OR MORE.
  (IV) "TIER D" SHALL EQUAL THE PRODUCT OF THE EXTRAORDINARY NEEDS COUNT
COMPUTED  PURSUANT  TO  PARAGRAPH  S  OF SUBDIVISION ONE OF THIS SECTION
MULTIPLIED BY THE TIER D PER PUPIL  AMOUNT,  WHERE  "TIER  D  PER  PUPIL
AMOUNT"  SHALL  EQUAL THE PRODUCT OF (A) TWO HUNDRED FIVE DOLLARS ($205)
MULTIPLIED BY (B) THE SUM OF  ONE  PLUS  THE  SPARSITY  FACTOR  COMPUTED
PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY
(C)  THE  EXTRAORDINARY  NEEDS INDEX MULTIPLIED BY (D) THE TIER D SCALED
FACTOR, WHERE THE "EXTRAORDINARY NEEDS INDEX" SHALL EQUAL  THE  QUOTIENT
OF THE EXTRAORDINARY NEEDS PERCENT FOR THE DISTRICT COMPUTED PURSUANT TO
PARAGRAPH  W OF SUBDIVISION ONE OF THIS SECTION DIVIDED BY THE STATEWIDE
AVERAGE OF SUCH PERCENT, AND WHERE THE  "TIER  D  SCALED  FACTOR"  SHALL
EQUAL  THE DIFFERENCE OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) LESS
THE SQUARED PRODUCT OF THE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARA-
GRAPH A OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY ONE AND TWEN-
TY-FOUR ONE-HUNDREDTHS (1.24), PROVIDED THAT SUCH TIER D  SCALED  FACTOR
SHALL NOT BE LESS THAN ZERO NOR MORE THAN ONE.
  (V) "TIER E" SHALL EQUAL THE GREATER OF THE DUE MINIMUM OR THE DIFFER-
ENCE  OF  THE  DUE  MINIMUM  LESS THE HOLD HARMLESS, WHERE "DUE MINIMUM"
SHALL EQUAL THE PRODUCT OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO SUBPARAGRAPH (III) OF PARAGRAPH J  OF  SUBDIVISION  ONE  OF  THIS
SECTION  MULTIPLIED  BY  TWENTY-FIVE TEN-THOUSANDTHS (0.0025), AND WHERE
THE "HOLD HARMLESS" SHALL EQUAL ADJUSTED FOUNDATION AID LESS  THE  TOTAL
FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
J OF SUBDIVISION ONE OF THIS SECTION.
  (VI) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
"ADJUSTED  FOUNDATION  AID" SHALL EQUAL THE SUM OF THE TOTAL AMOUNTS SET
FORTH FOR SUCH SCHOOL DISTRICT AS  "FOUNDATION  AID  PER-ADJ",  "2020-21
EST. BOCES AID", "2020-21 COMPUTER ADMIN AID", "2020-21 CAREER EDUCATION
AID", "2020-21 ACADEMIC IMPROVMT AID", "2020-21 HARDWARE & TECHNOL AID",
"2020-21  SOFTWARE AID", "2020-21 LIBRARY MATERIALS AID", "2020-21 TEXT-
BOOK AID", "2020-21  TRANSITIONAL  AID  FOR  CHARTER  SCHOOL  PAYMENTS",
"ACADEMIC  ENHANCEMENT",  "HIGH  TAX AID", AND "SUPP PUB EXCESS COST" IN
THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECUTIVE
BUDGET  REQUEST  FOR  THE  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR AND ENTITLED "BT202-1".
  (VII) "COMMUNITY SCHOOLS SETASIDE INCREASE" SHALL EQUAL THE SUM OF THE
COMMUNITY SCHOOLS TIER 1 INCREASE  AND  THE  COMMUNITY  SCHOOLS  TIER  2
INCREASE,  WHERE  (A) THE COMMUNITY SCHOOLS TIER 1 INCREASE SHALL EQUAL,
FOR ELIGIBLE SCHOOL DISTRICTS, THE GREATER OF  THIRTY  THOUSAND  DOLLARS
($30,000)  OR  THE  PRODUCT  OF  (1)  SIXTY-SIX  DOLLARS  AND FIVE CENTS
($66.05) MULTIPLIED BY (2) THE  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  AS
COMPUTED  PURSUANT  TO  PARAGRAPH  N  OF SUBDIVISION ONE OF THIS SECTION
MULTIPLIED BY (3) THE COMMUNITY  SCHOOLS  SETASIDE  RATIO  AND  (B)  THE
COMMUNITY  SCHOOLS  TIER  2  INCREASE  SHALL  EQUAL, FOR ELIGIBLE SCHOOL
DISTRICTS, THE GREATER OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) OR  THE
PRODUCT OF (1) FORTY-THREE DOLLARS AND NINETY-FOUR CENTS ($43.94) MULTI-
PLIED  BY (2) THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (3)  THE
COMMUNITY  SCHOOLS  SETASIDE  RATIO.  PROVIDED  FURTHER,  THE "COMMUNITY
SCHOOLS SETASIDE RATIO" SHALL EQUAL THE DIFFERENCE OF ONE LESS THE PROD-
UCT OF THE COMBINED WEALTH  RATIO  FOR  TOTAL  FOUNDATION  AID  COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS
SECTION  MULTIPLIED  BY  SIXTY-FOUR ONE-HUNDREDTHS (0.64), PROVIDED THAT

S. 7506--A                         16                         A. 9506--A

SUCH DIFFERENCE SHALL NOT BE GREATER THAN NINE  TENTHS  (0.9)  NOR  LESS
THAN ZERO.
  FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
TY  SCHOOLS TIER 1 INCREASE SHALL BE (A) THOSE DISTRICTS THAT CONTAIN AT
LEAST ONE SCHOOL IDENTIFIED AS A  COMPREHENSIVE  SUPPORT  &  IMPROVEMENT
(CSI)  SCHOOL IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL
YEAR, OR (B) DISTRICTS WHERE (1) THE DIFFERENCE OF THE QUOTIENT  OF  THE
ENGLISH  LANGUAGE  LEARNER  COUNT  COMPUTED  PURSUANT  TO PARAGRAPH O OF
SUBDIVISION ONE OF THIS SECTION FOR THE  BASE  YEAR  DIVIDED  BY  PUBLIC
SCHOOL  DISTRICT ENROLLMENT FOR THE BASE YEAR LESS SUCH QUOTIENT FOR THE
SCHOOL YEAR FIVE YEARS PRIOR TO THE BASE YEAR IS GREATER THAN  OR  EQUAL
TO  THE  STATEWIDE  AVERAGE OF THE DIFFERENCE OF SUCH QUOTIENTS, AND (2)
WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER
COUNT FOR THE BASE YEAR BY PUBLIC SCHOOL  DISTRICT  ENROLLMENT  FOR  THE
BASE  YEAR  IS  GREATER  THAN  OR EQUAL TO THE STATEWIDE AVERAGE OF SUCH
QUOTIENT, AND (3) WHERE THE COMBINED WEALTH RATIO FOR  TOTAL  FOUNDATION
AID  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
THREE OF THIS SECTION IS LESS THAN OR EQUAL TO ONE (1.0).
  FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
TY SCHOOLS TIER 2 INCREASE SHALL BE THOSE THAT  DID  NOT  RECEIVE  FUNDS
UNDER  THE COMMUNITY SCHOOLS SETASIDE FOR THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, ARE NOT ELIGIBLE FOR THE COMMUNITY  SCHOOLS
TIER  1  INCREASE, AND HAVE A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF  SUBDIVISION
THREE  OF  THIS SECTION LESS THAN OR EQUAL TO EIGHTY-FOUR ONE-HUNDREDTHS
(0.84).
  § 12. Paragraph a of subdivision 10 of section 3602 of  the  education
law,  as  amended  by  section 32 of part H of chapter 83 of the laws of
2002 and such subdivision as renumbered by section 16 of part B of chap-
ter 57 of the laws of 2007, is amended to read as follows:
  a. [The] IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
AND PRIOR, THE city school districts of those cities having  populations
in  excess  of  one  hundred  twenty-five  thousand and any other school
district which was not a component of a board of cooperative educational
services in the base year shall be entitled to  an  apportionment  under
the provisions of this section.
  §  13.  The opening paragraph of subdivision 41 of section 3602 of the
education law, as amended by section 20 of part B of chapter 57  of  the
laws of 2008, is amended to read as follows:
  In addition to any other apportionment under this section, for the two
thousand  seven--two thousand eight school year [and thereafter] THROUGH
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL  YEAR,  a  school
district other than a city school district in a city having a population
of  one  million  or  more  shall be eligible for an apportionment in an
amount equal to the sum of
  § 14. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph c-1 to read as follows:
  C-1. FOR THE PURPOSES OF  THIS  CHAPTER,  "BOCES  PAYMENT  ADJUSTMENT"
SHALL  MEAN  THE  TOTAL  AMOUNT  SET  FORTH  FOR SUCH SCHOOL DISTRICT AS
"2020-21 EST. BOCES AID" IN THE DATA FILE PRODUCED BY  THE  COMMISSIONER
IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-
-TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND  ENTITLED  "BT202-1".  NOTWITH-
STANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, OF THE TOTAL
APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE BOCES

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PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-SIX  HUNDRED
NINE-D OF THIS CHAPTER.
  § 15. The opening paragraph of section 3609-d of the education law, as
amended  by  section  20 of part L of chapter 57 of the laws of 2005, is
amended to read as follows:
  Notwithstanding the provisions of section thirty-six hundred nine-a of
this article, FOR SCHOOL YEARS PRIOR TO  THE  TWO  THOUSAND  TWENTY--TWO
THOUSAND  TWENTY-ONE  SCHOOL  YEAR,  apportionments  payable pursuant to
section nineteen hundred fifty of this chapter shall be paid pursuant to
this section. For aid payable in the  two  thousand  four--two  thousand
five  school  year  [and  thereafter] THROUGH TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR, "moneys apportioned" shall mean the  lesser
of  (i)  one hundred percent of the respective amount set forth for each
school district as payable pursuant to this section in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
including the appropriation for support of boards of cooperative  educa-
tional  services  for  payments due prior to April first for the current
year, or (ii) the apportionment calculated by the commissioner based  on
data  on  file  at  the time the payment is processed; provided however,
that for the purposes of any payment to be made in the month of June  of
two  thousand  six  such  calculation  shall  be based on the school aid
computer listing for the current year using updated data at the time  of
each  payment. For districts subject to chapter five hundred sixty-three
of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two
thousand forty of this chapter, for aid  payable  in  the  two  thousand
four--two thousand five school year and thereafter, "moneys apportioned"
shall  mean  the  apportionment  calculated by the commissioner based on
data on file at the time the payment is processed.  NOTWITHSTANDING  THE
PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, FOR THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER,
APPORTIONMENTS  PAYABLE PURSUANT TO PARAGRAPH C-1 OF SUBDIVISION FOUR OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SHALL BE PAID PURSUANT TO
THIS SECTION. The "school aid computer listing  for  the  current  year"
shall  be  as  defined  in  the  opening paragraph of section thirty-six
hundred nine-a of  this  article.    The  definitions  "base  year"  and
"current  year"  as  set  forth in subdivision one of section thirty-six
hundred two of this article shall apply to this section.
  § 16. Subparagraph 2 of paragraph a of subdivision 6 of  section  3602
of the education law, as amended by section 5 of part A of chapter 60 of
the laws of 2000, is amended to read as follows:
  (2)  Where a school district has expenditures for site purchase, grad-
ing or improvement of the site, original furnishings, equipment, machin-
ery or apparatus, or professional fees, or other incidental  costs,  the
cost allowances for new construction and the purchase of existing struc-
tures  may be increased by the actual expenditures for such purposes but
by not more than the product of the  applicable  cost  allowance  estab-
lished  pursuant  to  subparagraph  one of this paragraph and twenty per
centum for school buildings or additions housing grades  prekindergarten
through  six and by not more than the product of such cost allowance and
twenty-five per centum for school buildings or additions housing  grades
seven  through  twelve  and  by  not  more than the product of such cost
allowance and twenty-five per centum for school buildings  or  additions
housing  special  education  programs  as  approved by the commissioner,
PROVIDED THAT COMMENCING WITH PROJECTS APPROVED ON OR AFTER JULY  FIRST,
TWO THOUSAND TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
OF  EDUCATION  OF  A  CITY  SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE

S. 7506--A                         18                         A. 9506--A

HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR  THE  CHANCELLOR  IN  A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, THE AMOUNT OF THE COST ALLOWANCE THAT IS INCREASED BY THIS SUBPAR-
AGRAPH  MAY  NOT  BE  USED  FOR SPACE THAT THE COMMISSIONER DEEMS AS NOT
CRITICAL TO THE INSTRUCTIONAL PROGRAM,  THE  PROTECTION  OF  HEALTH  AND
SAFETY,  OR OTHER APPROPRIATE USE OF THE FACILITIES, AS DEFINED IN REGU-
LATIONS OF THE COMMISSIONER,  INCLUDING  BUT  NOT  LIMITED  TO  ATHLETIC
FACILITIES  THAT  EXCEED  THE  REQUIREMENTS  NECESSARY  FOR THE PHYSICAL
EDUCATION PROGRAM.
  § 17. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6 of
section 3602 of the education law, as amended by section 12-a of part  L
of chapter 57 of the laws of 2005, is amended to read as follows:
  (ii)  Apportionment.  The  apportionment pursuant to this subparagraph
shall equal the product of such eligible approved expenses determined in
accordance with the provisions of clause (i) of  this  subparagraph  and
this  section  and the incentive decimal computed for use in the year in
which the project was approved. The incentive decimal  shall  equal  (A)
FOR  PROJECTS  APPROVED  PRIOR TO JULY FIRST, TWO THOUSAND TWENTY BY THE
VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF  EDUCATION  OF  A  CITY
SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT  IN  A
CITY  HAVING A POPULATION OF ONE MILLION OR MORE, the positive remainder
resulting when the district's building aid ratio  selected  pursuant  to
paragraph c of this subdivision is subtracted from the enhanced building
aid  ratio[. The]; AND (B) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST,
TWO THOUSAND TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
OF EDUCATION OF A CITY SCHOOL DISTRICT IN A  CITY  WITH  MORE  THAN  ONE
HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
MORE  THE  POSITIVE REMAINDER RESULTING WHEN THE DISTRICT'S CURRENT YEAR
BUILDING AID RATIO PURSUANT TO CLAUSE (D) OF SUBPARAGRAPH TWO  OF  PARA-
GRAPH C OF THIS SUBDIVISION IS SUBTRACTED FROM THE ENHANCED BUILDING AID
RATIO.  FOR  PURPOSES  OF  THIS  CLAUSE, THE enhanced building aid ratio
shall equal (A) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO  THOUSAND
TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION
OF  A  CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-
FIVE THOUSAND INHABITANTS,  AND/OR  THE  CHANCELLOR  IN  A  CITY  SCHOOL
DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR MORE, the sum
of the building aid ratio selected for use in the current year  pursuant
to  paragraph  c  of  this  subdivision and one-tenth, computed to three
decimals without rounding, but not more than (a) ninety-eight hundredths
for a high need school district, as defined pursuant to  regulations  of
the  commissioner,  for  all  school  building  projects approved by the
voters of the school district or by the board of  education  of  a  city
school  district  in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in a city school district  in  a
city having a population of one million or more, on or after July first,
two  thousand  five,  or (b) ninety-five hundredths for any other school
building project or school district, nor less than  one-tenth;  AND  (B)
FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY BY THE
VOTERS  OF  THE  SCHOOL  DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE SUM OF THE BUILDING
AID RATIO FOR THE CURRENT YEAR PURSUANT TO CLAUSE  (D)  OF  SUBPARAGRAPH
TWO  OF  PARAGRAPH  C  OF THIS SUBDIVISION AND SCALED INCENTIVE DECIMAL,

S. 7506--A                         19                         A. 9506--A

COMPUTED TO THREE DECIMALS WITHOUT ROUNDING,  BUT  NOT  MORE  THAN,  (A)
NINETY-EIGHT  HUNDREDTHS  FOR  A  HIGH  NEED SCHOOL DISTRICT, AS DEFINED
PURSUANT TO REGULATIONS OF THE COMMISSIONER AND USED FOR THE SCHOOL  AID
COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT  SCHOOL  YEAR  AND
ENTITLED  "SA0708",  FOR  ALL  SCHOOL  BUILDING PROJECTS APPROVED BY THE
VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF  EDUCATION  OF  A  CITY
SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT  IN  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON OR AFTER JULY FIRST,
TWO  THOUSAND  FIVE,  OR (B) NINETY-FIVE HUNDREDTHS FOR ANY OTHER SCHOOL
BUILDING PROJECT OR SCHOOL DISTRICT. FOR PURPOSES OF  THIS  CLAUSE,  THE
SCALED  INCENTIVE  DECIMAL  SHALL  EQUAL  (A)  ONE-TENTH FOR A HIGH NEED
SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGULATIONS OF THE  COMMISSIONER
AND USED FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSION-
ER  IN  SUPPORT  OF  THE  ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO
THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL  BUILD-
ING  PROJECTS  APPROVED  BY  THE VOTERS OF THE SCHOOL DISTRICT OR BY THE
BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY  WITH  MORE  THAN
ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, ON OR AFTER JULY FIRST, TWO THOUSAND FIVE OR (B)  THE  PRODUCT  OF
ONE-TENTH  MULTIPLIED  BY  THE  STATE SHARING RATIO COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION FOR  ALL  OTHER  SCHOOL
DISTRICTS.
  § 18. Clauses (b) and (c) of subparagraph 2 of paragraph c of subdivi-
sion  6  of  section 3602 of the education law, clause (b) as amended by
section 15 of part B of chapter 57 of the laws of 2008, and  clause  (c)
as  added  by  section 12-b of part L of chapter 57 of the laws of 2005,
are amended and a new clause (d) is added to read as follows:
  (b) For aid payable in the school years two thousand--two thousand one
and thereafter for all school building projects approved by  the  voters
of  the  school  district  or by the board of education of a city school
district in a city with  more  than  one  hundred  twenty-five  thousand
inhabitants,  and/or  the chancellor in a city school district in a city
having a population of one million or more, on or after July first,  two
thousand,  AND  PRIOR  TO  JULY  FIRST,  TWO THOUSAND TWENTY, any school
district shall compute aid under  the  provisions  of  this  subdivision
using  the sum of the high-need supplemental building aid ratio, if any,
computed pursuant to clause (c) of this subparagraph and the greater  of
(i) the building aid ratio computed for use in the current year; or (ii)
a  building  aid ratio equal to the difference of the aid ratio that was
used or that would have been used to compute an  apportionment  pursuant
to  this  subdivision  in the nineteen hundred ninety-nine--two thousand
school year as such aid ratio is computed by the commissioner  based  on
data  on  file  with the department on or before July first of the third
school year following the school year in which  aid  is  first  payable,
less  one-tenth; or (iii) for all such school building projects approved
by the voters of the school district or by the board of education  of  a
city  school  district  in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or  more,  on  or  after  July
first,  two thousand and on or before June thirtieth, two thousand four,
for any school district for which the pupil wealth ratio is greater than
two and five-tenths in the school year in  which  such  school  building
project  was  approved  by  the  voters of the school district or by the

S. 7506--A                         20                         A. 9506--A

board of education of a city school district in a city  with  more  than
one hundred twenty-five thousand inhabitants, and/or the chancellor in a
city  school  district  in  a city having a population of one million or
more  and for which the alternate pupil wealth ratio is less than eight-
y-five hundredths in such school year, and for all such school  building
projects  approved  by the voters of the school district or by the board
of education of a city school district in a  city  with  more  than  one
hundred  twenty-five  thousand  inhabitants,  and/or the chancellor in a
city school district in a city having a population  of  one  million  or
more,  on  or  after July first, two thousand five and on or before June
thirtieth, two thousand eight, for any school  district  for  which  the
pupil wealth ratio was greater than two and five-tenths in the two thou-
sand--two  thousand  one  school  year and for which the alternate pupil
wealth ratio was less than eighty-five hundredths in the two  thousand--
two  thousand  one  school  year,  the  additional  building  aid ratio;
provided that, school districts who are eligible for aid under paragraph
f of subdivision fourteen of this section  may  compute  aid  under  the
provisions  of  this  subdivision using the difference of the highest of
the aid ratios so computed for the reorganized district or  the  highest
of the aid ratios so computed for any of the individual school districts
which  existed prior to the date of the reorganized school district less
one-tenth.
  (c) For aid payable in the school years two thousand  five--two  thou-
sand six and thereafter for all school building projects approved by the
voters  of  the  school  district or by the board of education of a city
school district in a city with more than one hundred  twenty-five  thou-
sand  inhabitants,  and/or  the  chancellor in city school district in a
city having a population of one million or more, on or after July first,
two thousand five, AND PRIOR TO JULY FIRST, TWO  THOUSAND  TWENTY,  high
need school districts, as defined pursuant to regulations of the commis-
sioner,  may  compute aid under the provisions of this subdivision using
the high-need supplemental building aid ratio, which shall be the lesser
of (A) the product, computed to three decimals without rounding, of  the
greater of the building aid ratios computed pursuant to subclauses i, ii
and  iii  of clause (b) of this subparagraph multiplied by five percent,
or (B) the positive remainder of ninety-eight  one-hundredths  less  the
greater of the building aid ratios computed pursuant to subclauses i, ii
and iii of clause (b) of this subparagraph.
  (D)  FOR  AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO AND THEREAFTER  FOR  ALL  SCHOOL  BUILDING  PROJECTS
APPROVED  BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCA-
TION OF A CITY SCHOOL DISTRICT IN A CITY  WITH  MORE  THAN  ONE  HUNDRED
TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL
DISTRICT  IN  A  CITY  HAVING A POPULATION OF ONE MILLION OR MORE, ON OR
AFTER JULY FIRST, TWO THOUSAND TWENTY, ANY SCHOOL DISTRICT SHALL COMPUTE
AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE  HIGH-
NEED  SUPPLEMENTAL  BUILDING  AID  RATIO,  IF  ANY, COMPUTED PURSUANT TO
CLAUSE (C) OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED  FOR
USE  IN  THE CURRENT YEAR, PROVIDED THAT SUCH SUM SHALL NOT BE LESS THAN
FIVE PERCENT; FURTHER PROVIDED THAT, SCHOOL DISTRICTS WHICH ARE ELIGIBLE
FOR AID UNDER PARAGRAPH F OF SUBDIVISION FOURTEEN OF  THIS  SECTION  MAY
COMPUTE  AID  UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE DIFFER-
ENCE OF THE HIGHEST OF THE AID RATIOS SO COMPUTED  FOR  THE  REORGANIZED
DISTRICT  OR  THE  HIGHEST  OF THE AID RATIOS SO COMPUTED FOR ANY OF THE
INDIVIDUAL SCHOOL DISTRICTS WHICH EXISTED PRIOR TO THE DATE OF THE REOR-
GANIZED SCHOOL DISTRICT.

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  § 19. Paragraph x of subdivision 1 of section 3602  of  the  education
law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
  x.  (1)  "Enrollment  index"  shall be computed by dividing the public
school enrollment for the current year by public school  enrollment  for
the  base year, both as defined in paragraph n of this subdivision, with
the result carried to three places without rounding.
  (2) "FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC ENROLLMENT  INDEX"  SHALL  BE
COMPUTED BY DIVIDING BY FIVE THE RESULT OBTAINED BY SUBTRACTING ONE FROM
THE  QUOTIENT  ARRIVED  AT  WHEN DIVIDING THE SUM OF THE RESIDENT PUBLIC
SCHOOL DISTRICT ENROLLMENT PLUS THE RESIDENT NONPUBLIC  SCHOOL  DISTRICT
ENROLLMENT,  BOTH AS DEFINED IN PARAGRAPH N OF THIS SUBDIVISION, FOR THE
SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, BY THE SUM OF SUCH ENROLL-
MENTS FOR THE SCHOOL YEAR SEVEN YEARS PRIOR TO THE BASE YEAR,  WITH  THE
RESULT CARRIED TO THREE PLACES WITHOUT ROUNDING.
  § 20. Subdivision 3 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
  H.  INFLATION-ENROLLMENT  INDEX.  FOR THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE INFLATION-ENROLLMENT
INDEX SHALL EQUAL THE GREATER OF (1) THE CONSUMER PRICE  INDEX  COMPUTED
PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION, (2) THE SUM
OF THE CONSUMER PRICE INDEX PLUS THE FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC
ENROLLMENT  INDEX  COMPUTED PURSUANT TO PARAGRAPH X OF THIS SUBDIVISION,
OR (3) ZERO.
  § 21. Paragraphs a and b of subdivision  7  of  section  3602  of  the
education  law,  as amended by section 17 of part B of chapter 57 of the
laws of 2007, are amended to read as follows:
  a. In addition to the foregoing apportionment, there shall  be  appor-
tioned  to  any  school district for pupil transportation, the lesser of
ninety per centum or the state  share  of  its  approved  transportation
expense  for  the  base year. The state share shall equal the sum of the
transportation sparsity adjustment and the transportation aid ratio, but
not less than six and one-half percent.  The  transportation  aid  ratio
shall  equal  the  greater  of  (i)  the  product of one and two hundred
sixty-three thousandths multiplied by the state sharing ratio,  (ii)  an
aid ratio computed by subtracting from one and one hundredth the product
computed  to three decimals without rounding obtained by multiplying the
resident weighted average daily attendance  wealth  ratio  by  forty-six
percent, where such aid ratio shall be expressed as a decimal carried to
three  places  without  rounding,  PROVIDED THAT COMMENCING WITH THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER,
SUCH AID RATIO SHALL BE ZERO, or (iii) excluding  cities  with  a  popu-
lation  of  more  than one million, an aid ratio computed by subtracting
from one and one hundredth the product computed to three decimal  places
without  rounding  obtained  by multiplying the number computed to three
decimals without rounding obtained when the quotient of actual valuation
of a school district, as defined in paragraph c of  subdivision  one  of
this  section, divided by the sum of the resident public school district
enrollment, the resident nonpublic school district  enrollment  and  the
additional  public school enrollment of the school district for the year
prior to the base year is divided by the statewide average actual  valu-
ation  per the sum of such total resident public school district enroll-
ment, nonpublic school district enrollment and additional public  school
enrollment  of all school districts eligible for an apportionment pursu-
ant to this section except central high school districts as computed  by
the  commissioner using the latest single year actual valuation computed

S. 7506--A                         22                         A. 9506--A

under paragraph c of subdivision  one  of  this  section,  by  forty-six
percent,  where  such  ratio  shall be expressed as a decimal carried to
three decimal places without rounding. The computation of such statewide
average  shall  include  the  actual  valuation  of all school districts
eligible for an apportionment pursuant to this  section  except  central
high  school  districts.  The  transportation  sparsity adjustment shall
equal the quotient of: the positive remainder of  twenty-one  minus  the
district's  public school enrollment for the year prior to the base year
per square mile, divided by three  hundred  seventeen  and  eighty-eight
hundredths.  Approved  transportation  expense  shall  be the sum of the
approved transportation operating expense and the  approved  transporta-
tion  capital,  debt service and lease expense of the district. Approved
transportation expense shall not be aidable pursuant to section nineteen
hundred fifty of this chapter.
  b. (1) For the purposes of this apportionment, approved transportation
operating expense shall be the actual expenditure incurred by  a  school
district  and approved by the commissioner (i) for those items of trans-
portation operating expense allowable under subdivision one  of  section
thirty-six  hundred  twenty-three-a  of this article for regular aidable
transportation of pupils as such terms are defined in  sections  thirty-
six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
cle, and (ii) for those items of transportation operating expense allow-
able  under subdivision one of section thirty-six hundred twenty-three-a
of this article for the transportation required or  authorized  pursuant
to article eighty-nine of this chapter, and (iii) for providing monitors
on school buses for students with disabilities, and (iv) for transporta-
tion operating expenses allowable under section thirty-six hundred twen-
ty-three-a  of  this article for the transportation of homeless children
authorized by paragraph c of  subdivision  four  of  section  thirty-two
hundred  nine  of this chapter, provided that the total approved cost of
such transportation shall not exceed the amount of the total cost of the
most cost-effective mode of transportation.   PROVIDED THAT,  COMMENCING
WITH  APPORTIONMENTS FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO SCHOOL YEAR AND  THEREAFTER,  APPROVED  TRANSPORTATION  OPERATING
EXPENSE  FOR  A SCHOOL DISTRICT SHALL NOT EXCEED THE LESSER OF (I) TOTAL
APPROVED TRANSPORTATION OPERATING EXPENSE FOR THE BASE YEAR OR (II)  THE
PRODUCT  OF  THE  TOTAL APPROVED TRANSPORTATION OPERATING EXPENSE IN THE
YEAR PRIOR TO THE BASE YEAR MULTIPLIED BY THE SUM OF ONE PLUS THE INFLA-
TION-ENROLLMENT INDEX COMPUTED PURSUANT TO PARAGRAPH  H  OF  SUBDIVISION
THREE OF THIS SECTION.
  (2)  Notwithstanding  any  inconsistent provisions of this article, in
computing the apportionment payable to a school district in a city  with
a  population  in  excess  of  one  million inhabitants pursuant to this
subdivision, approved transportation expense for public  service  trans-
portation shall not include any expenditures to the New York City Metro-
politan  Transportation  Authority for public service transportation nor
shall such expense be included in approved operating expense.
  § 22. Subdivision 16 of section  3602-ee  of  the  education  law,  as
amended  by section 19 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
  16. The authority of the department to administer the universal  full-
day  pre-kindergarten  program shall expire June thirtieth, two thousand
[twenty] TWENTY-ONE; provided that the program shall continue and remain
in full effect.

S. 7506--A                         23                         A. 9506--A

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

S. 7506--A                         24                         A. 9506--A

WHICH PAYMENT IS FIRST TO BE MADE  IN  THE  TWO  THOUSAND  NINETEEN--TWO
THOUSAND  TWENTY  SCHOOL  YEAR  AND  THEREAFTER,  THE COMMISSIONER SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
payments shall be barred or reduced where such payment is required as  a
result  of  a  final  audit  of the state. [It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  interests  of  the  district
pursuant to guidelines developed by the commissioner and approved by the
director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED  TWO,  THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX
HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY AND  TWO
THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEARS, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS
PURSUANT  TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE  PAYMENT  COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE
STATE  FISCAL YEAR AND ENTITLED "BT202-1", AND FURTHER PROVIDED THAT FOR
ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO,
THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO  SCHOOL  YEAR  AND  THEREAFTER,  THE
COMMISSIONER  SHALL  CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN
PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
SCHOOL YEAR COMMENCES.
  § 24. The opening paragraph of section 3609-a of the education law, as
amended  by section 21 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year through the two thousand nineteen--two thousand twenty school year,
"moneys apportioned" shall mean the lesser of (i) the sum of one hundred
percent  of  the respective amount set forth for each school district as
payable pursuant to this section in the school aid computer listing  for
the  current  year produced by the commissioner in support of the budget
which includes the appropriation for  the  general  support  for  public
schools  for  the  prescribed  payments  and individualized payments due
prior to April first for the current year plus the apportionment payable
during the current school year pursuant to subdivision six-a and  subdi-
vision  fifteen of section thirty-six hundred two of this part minus any
reductions to current year aids pursuant to subdivision seven of section
thirty-six hundred four of this part or any deduction from apportionment
payable pursuant to this chapter for collection  of  a  school  district
basic contribution as defined in subdivision eight of section forty-four
hundred  one  of  this  chapter,  less  any  grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of  section  nine-
ty-two-c  of the state finance law, less any grants provided pursuant to

S. 7506--A                         25                         A. 9506--A

subdivision five of section ninety-seven-nnnn of the state finance  law,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
calculated  by  the  commissioner  based on data on file at the time the
payment is processed; provided however, that for  the  purposes  of  any
payments  made  pursuant to this section prior to the first business day
of June of the current year, moneys apportioned shall  not  include  any
aids  payable  pursuant to subdivisions six and fourteen, if applicable,
of section thirty-six hundred two of this part as current year  aid  for
debt service on bond anticipation notes and/or bonds first issued in the
current  year  or  any  aids  payable  for full-day kindergarten for the
current year pursuant to subdivision nine of section thirty-six  hundred
two  of  this part. The definitions of "base year" and "current year" as
set forth in subdivision one of section thirty-six hundred two  of  this
part  shall  apply to this section.[ For aid payable in the two thousand
nineteen--two thousand twenty school year, reference to such "school aid
computer listing for the current year" shall mean the printouts entitled
"SA192-0".] FOR AID PAYABLE IN THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND
TWENTY-ONE  SCHOOL  YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN
THE LESSER OF: (I) THE SUM OF ONE  HUNDRED  PERCENT  OF  THE  RESPECTIVE
AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE  EXECUTIVE  BUDGET  REQUEST  WHICH
INCLUDES  THE  APPROPRIATION  FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED  PAYMENTS  DUE  PRIOR  TO
APRIL  FIRST  FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A  AND  FIFTEEN  OF
SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  THIRTY-SIX
HUNDRED  FOUR  OF  THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR  COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC
CONTRIBUTION  AS  DEFINED  IN  SUBDIVISION  EIGHT  OF SECTION FORTY-FOUR
HUNDRED ONE OF THIS  CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT  TO
SUBPARAGRAPH  TWO-A  OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE-
TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT  TO
SUBDIVISION  SIX  OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
TY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE,  OR  (II)  THE  APPORTIONMENT
CALCULATED  BY  THE  COMMISSIONER  BASED ON DATA ON FILE AT THE TIME THE
PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES  OF  ANY
PAYMENTS  MADE  PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY
OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL  NOT  INCLUDE  ANY
AIDS  PAYABLE  PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE,
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR  AID  FOR
DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
CURRENT  YEAR  OR  ANY  AIDS  PAYABLE  FOR FULL-DAY KINDERGARTEN FOR THE
CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX  HUNDRED
TWO  OF THIS PART. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE SCHOOL YEAR, REFERENCE  TO  SUCH  "SCHOOL  AID  COMPUTER
LISTING  FOR  THE  CURRENT  YEAR"  SHALL  MEAN  THE  PRINTOUTS  ENTITLED
"BT202-1".
  § 25. The education law is amended by adding a new section  4403-a  to
read as follows:
  §  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH

S. 7506--A                         26                         A. 9506--A

DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
  § 26. Subdivision 9 of section 2852 of the education law,  as  amended
by  section  2 of subpart A of part B of chapter 20 of the laws of 2015,
is amended to read as follows:
  9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on  or
after  July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the  board  of
regents  upon  application  directly  to  the board of regents or on the
recommendation of the board of trustees of the state university  of  New
York  pursuant  to  a competitive process in accordance with subdivision
nine-a of this section. Fifty of such charters issued on or  after  July
first,  two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one  million
or  more.  The  failure  of any body to issue the regulations authorized
pursuant to this article shall not affect the  authority  of  a  charter
entity  to  propose  a  charter  to the board of regents or the board of
regents' authority to grant such charter. A conversion  of  an  existing

S. 7506--A                         27                         A. 9506--A

public  school  to  a  charter  school, or the renewal or extension of a
charter approved by any charter entity, OR THE REISSUANCE OF  A  SURREN-
DERED,  REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1)
OF  THIS  SUBDIVISION  shall  not be counted toward the numerical limits
established by this subdivision.
  (b) A charter that has been surrendered, revoked or terminated  on  or
before  July  first,  two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents  either
upon  application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with  subdivision  nine-a  of
this  section. Provided that such reissuance shall not be counted toward
the statewide numerical  limit  established  by  this  subdivision,  and
provided  further  that no more than twenty-two charters may be reissued
pursuant to this paragraph.
  (B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  CHARTER
THAT  HAS  BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
THOUSAND FIFTEEN, INCLUDING A CHARTER  THAT  HAS  NOT  BEEN  RENEWED  BY
ACTION  OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION BY THE BOARD  OF  REGENTS  EITHER  UPON  APPLICATION
DIRECTLY  TO  THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD
OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT  TO  A  COMPET-
ITIVE  PROCESS  IN  ACCORDANCE  WITH SUBDIVISION NINE-A OF THIS SECTION.
PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE  NUMERICAL
LIMITS ESTABLISHED BY THIS SUBDIVISION.
  (c)  For  purposes  of determining the total number of charters issued
within  the  numerical  limits  established  by  this  subdivision,  the
approval date of the charter entity shall be the determining factor.
  (d) Notwithstanding any provision of this article to the contrary, any
charter  authorized  to  be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand  seven,  and  that
remains  unissued  as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized  to
be  issued  by such chapter in effect as of June fifteenth, two thousand
fifteen; provided however  that  nothing  in  this  paragraph  shall  be
construed  to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a)  of  this
subdivision,  as amended by [a] SUBPART A OF PART B OF chapter TWENTY of
the laws of two thousand fifteen [which added this paragraph].
  § 27. Subdivisions 1 and 3 of section 801 of  the  education  law,  as
amended  by  chapter  574  of  the  laws of 1997, are amended to read as
follows:
  1. In order to promote a spirit of patriotic  and  civic  service  and
obligation  and  to foster in the children of the state moral and intel-
lectual qualities which are essential in preparing  to  meet  the  obli-
gations of citizenship in peace or in war, the regents of The University
of  the  State  of  New  York  shall prescribe courses of instruction in
patriotism, citizenship, and human rights issues, with particular atten-
tion to the study of the inhumanity of genocide, slavery (including  the
freedom  trail and underground railroad), the Holocaust, CIVIC EDUCATION
AND VALUES, OUR SHARED HISTORY OF DIVERSITY, THE ROLE OF RELIGIOUS FREE-
DOM IN THIS COUNTRY, and the mass starvation in  Ireland  from  1845  to
1850, to be maintained and followed in all the schools of the state. The
boards  of  education  and  trustees  of  the  several cities and school
districts of the state shall require instruction to  be  given  in  such

S. 7506--A                         28                         A. 9506--A

courses,  by  the  teachers  employed in the schools therein. All pupils
attending such schools, over the age of eight years, shall  attend  upon
such instruction.
  Similar  courses  of instruction shall be prescribed and maintained in
private schools in the state, and all pupils in such schools over  eight
years  of age shall attend upon such courses. If such courses are not so
established and maintained in a private school, attendance upon instruc-
tion in such school shall not  be  deemed  substantially  equivalent  to
instruction  given  to  pupils  of like age in the public schools of the
city or district in which such pupils reside.
  3. The regents shall determine the subjects to  be  included  in  such
courses  of  instruction  in  patriotism,  citizenship, and human rights
issues, with particular attention to the  study  of  the  inhumanity  of
genocide,  slavery  (including  the  freedom trail and underground rail-
road), the Holocaust, CIVIC EDUCATION AND VALUES, OUR SHARED HISTORY  OF
DIVERSITY,  THE  ROLE OF RELIGIOUS FREEDOM IN THIS COUNTRY, and the mass
starvation in Ireland from 1845 to 1850, and in  the  history,  meaning,
significance  and  effect  of  the provisions of the constitution of the
United States, the amendments thereto, the declaration of  independence,
the  constitution  of  the state of New York and the amendments thereto,
and the period of instruction in each of the grades  in  such  subjects.
They  shall  adopt  rules providing for attendance upon such instruction
and for such other matters as are required for carrying into effect  the
objects  and purposes of this section. The commissioner shall be respon-
sible for the  enforcement  of  such  section  and  shall  cause  to  be
inspected  and  supervise  the instruction to be given in such subjects.
The commissioner may, in his discretion, cause all or a portion  of  the
public  school money to be apportioned to a district or city to be with-
held for failure of the school authorities of such district or  city  to
provide  instruction  in such courses and to compel attendance upon such
instruction, as herein prescribed, and for  a  non-compliance  with  the
rules of the regents adopted as herein provided.
  §  28.  Section 2590-h of the education law is amended by adding a new
subdivision 55 to read as follows:
  55. ENSURE THAT ALL STUDENTS IN THE CITY DISTRICT, THE CHARTER SCHOOLS
IN THE CITY OF NEW YORK AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER,
AND THE NONPUBLIC SCHOOLS IN THE CITY OF NEW YORK PROVIDING  INSTRUCTION
IN  ACCORDANCE  WITH SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER, AS
PART OF THE INSTRUCTION IN  THE  HOLOCAUST  PURSUANT  TO  SECTION  EIGHT
HUNDRED ONE OF THIS CHAPTER, SHALL VISIT SITES WHICH EDUCATE ABOUT THESE
HISTORICAL EVENTS INCLUDING, BUT NOT LIMITED TO, A HOLOCAUST MUSEUM.
  §  29.  Section  3609-h of the education law, as added by section 7 of
part A of chapter 56 of the laws of 2015, is amended to read as follows:
  § 3609-h. Moneys apportioned to school districts for commercial gaming
grants pursuant to subdivision six of section ninety-seven-nnnn  of  the
state finance law, when and how payable commencing July first, two thou-
sand  fourteen.  Notwithstanding  the  provisions  of section thirty-six
hundred nine-a of this part, apportionments payable pursuant to subdivi-
sion six of section ninety-seven-nnnn of the state finance law shall  be
paid  pursuant  to  this  section.  The  definitions  of "base year" and
"current year" as set forth in subdivision  one  of  section  thirty-six
hundred two of this part shall apply to this section.
  1.  The  moneys  apportioned  by  the commissioner to school districts
pursuant to subdivision six of section ninety-seven-nnnn  of  the  state
finance  law  for  the two thousand fourteen-two thousand fifteen school

S. 7506--A                         29                         A. 9506--A

year and thereafter shall be paid  as  a  commercial  gaming  grant,  as
computed pursuant to such subdivision, as follows:
  a.  For  the  two thousand fourteen--two thousand fifteen school year,
one hundred percent of such grant shall be paid on the same date as  the
payment  computed  pursuant to clause (v) of subparagraph three of para-
graph b of subdivision one of section thirty-six hundred nine-a of  this
article.
  b. For the two thousand fifteen--two thousand sixteen school year [and
thereafter]  THROUGH  THE  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR, seventy percent of such grant shall be  paid  on  the  same
date  as  the  payment  computed pursuant to clause (ii) of subparagraph
three of paragraph b of subdivision one of  section  thirty-six  hundred
nine-a  of  this article, and thirty percent of such grant shall be paid
on the same date as the payment  computed  pursuant  to  clause  (v)  of
subparagraph  three of paragraph b of subdivision one of section thirty-
six hundred nine-a of this article.
  C. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR  AND
THEREAFTER,  ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE AS THE PAYMENT COMPUTED PURSUANT TO  CLAUSE  (II)  OF  SUBPARAGRAPH
THREE  OF  PARAGRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THIS ARTICLE.
  2. Any payment to a school district pursuant to this section shall  be
general  receipts of the district and may be used for any lawful purpose
of the district.
  § 30. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
35  of part YYY of chapter 59 of the laws of 2019, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this section for the reimbursement for the 2017--2018 school year
shall not exceed 60.4 percent of the lesser of such approvable costs per
contact hour or thirteen dollars and  ninety  cents  per  contact  hour,
reimbursement  for  the  2018--2019  school  year  shall not exceed 59.4
percent of the lesser of such approvable costs per contact hour or four-
teen dollars and ninety-five cents per contact hour, [and] reimbursement
for the 2019--2020 school year shall not  exceed  57.7  percent  of  the
lesser  of  such  approvable  costs  per contact hour or fifteen dollars
sixty cents per contact hour, AND REIMBURSEMENT FOR THE  2020-21  SCHOOL
YEAR  SHALL  NOT  EXCEED  56.9  PERCENT OF THE LESSER OF SUCH APPROVABLE
COSTS PER CONTACT HOUR OR SIXTEEN  DOLLARS  AND  TWENTY-FIVE  CENTS  PER
CONTACT  HOUR, where a contact hour represents sixty minutes of instruc-
tion services provided to an eligible adult.  Notwithstanding any  other
provision  of  law  to the contrary, for the 2017--2018 school year such
contact hours shall not exceed one million five hundred forty-nine thou-
sand four hundred sixty-three (1,549,463); and for the 2018--2019 school
year such contact hours  shall  not  exceed  one  million  four  hundred
sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the
2019--2020  school  year such contact hours shall not exceed one million
four hundred forty-four thousand four  hundred  forty-four  (1,444,444);
AND  FOR THE 2020-21 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE
MILLION TWO HUNDRED FORTY-FOUR THOUSAND AND  FIVE  HUNDRED  AND  EIGHTY-
EIGHT  (1,244,588).    Notwithstanding any other provision of law to the
contrary, the apportionment calculated for the city school  district  of
the  city  of New York pursuant to subdivision 11 of section 3602 of the
education law shall be computed as if such contact hours provided by the

S. 7506--A                         30                         A. 9506--A

consortium for worker education, not to exceed  the  contact  hours  set
forth herein, were eligible for aid in accordance with the provisions of
such subdivision 11 of section 3602 of the education law.
  §  31. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion y to read as follows:
  Y. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF PAYMENTS FOR THE 2020-21 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
($11,500,000).
  § 32. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 37 of part  YYY
of chapter 59 of the laws of 2019, is amended to read as follows:
  §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2020] 2021.
  § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by  section 32 of part CCC of chapter 59 of the laws of 2018, is amended
to read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2020] 2022.
  §  34.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter  school or BOCES employees, as amended by section 39 of part YYY
of chapter 59 of the laws of 2019, is amended to read as follows:
  § 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2020] 2021 when
upon such date the provisions of this act shall be deemed repealed.
  §  35.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by section 40 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
  § 4. This act shall take effect July 1, 2002 and section one  of  this
act  shall expire and be deemed repealed June 30, 2019, and sections two

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and three of this act shall expire and be deemed repealed  on  June  30,
[2020] 2021.
  §  36.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 41 of part YYY of chapter 59 of the  laws
of 2019, is amended to read as follows:
  §  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2020] 2021.
  § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of  2004, relating to the support of education, as amended by section 58
of part YYY of chapter 59 of the laws of 2017, is  amended  to  read  as
follows:
  11.  section  seventy-one  of  this  act  shall  expire  and be deemed
repealed June 30, [2020] 2023;
  § 38. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the  2020-2021 school year, the commissioner of education shall allocate
school bus driver training grants to  school  districts  and  boards  of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  §  39.  Special  apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June 2021 and not later than the last  day  of  the  third  full
business week of June 2021, a school district eligible for an apportion-
ment  pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the  school  year
ending  June  30, 2021, for salary expenses incurred between April 1 and
June 30, 2020 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the  commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186  percent  of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with  a  population  of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus  (iv)  the  net  gap  elimination
adjustment  for  2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by  the  commissioner  of
education  pursuant  to  subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed  such
salary  expenses.  Such  application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable

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on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  §  40. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2021, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2021 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school

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district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  § 41. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the 2020--2021 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  §  42. The amounts specified in this section shall be a set-aside from
the state funds which each such district is  receiving  from  the  total
foundation aid:
  a.  for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2020--2021  school  year.  For  the  city
school  district  of  the  city of New York there shall be a setaside of
foundation aid equal to forty-eight  million  one  hundred  seventy-five
thousand  dollars  ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
school   district,   twenty-one  million  twenty-five  thousand  dollars
($21,025,000); for the Rochester city school district,  fifteen  million
dollars  ($15,000,000);  for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the  Yonkers  city  school  district,
forty-nine  million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for  the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000);  for  the  Port
Chester  city  school  district,  one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city  school  district,  nine
hundred  thousand  dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the  Albany  city
school  district,  three  million  five  hundred  fifty thousand dollars
($3,550,000); for the Utica city school district,  two  million  dollars
($2,000,000);  for  the Beacon city school district, five hundred sixty-
six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
district,  four  hundred  thousand  dollars ($400,000); for the Freeport
union free school district, four hundred  thousand  dollars  ($400,000);
for  the  Greenburgh  central  school  district,  three hundred thousand

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dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
district, two hundred thousand dollars ($200,000); and  for  the  Hudson
city school district, four hundred thousand dollars ($400,000).
  b.  Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation  aid  pursuant  to  this
section  may  use  such  setaside  funds  for:  (i) any instructional or
instructional support costs associated with the operation  of  a  magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in  elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
  c. The commissioner of education shall not be authorized  to  withhold
foundation aid from a school district that used such funds in accordance
with  this  paragraph,  notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of  attendance
improvement  and  dropout prevention for the 2020--2021 school year, and
for any city school district in a city having a population of more  than
one  million,  the  setaside  for  attendance  improvement  and  dropout
prevention shall equal the amount set aside in the base  year.  For  the
2020--2021  school  year,  it  is  further provided that any city school
district in a city having a population of more than  one  million  shall
allocate  at  least  one-third  of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to  this  section
to  community-based  organizations  must  be  in addition to allocations
provided to community-based organizations in the base year.
  d. For the purpose of teacher support for the 2020--2021 school  year:
for  the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred  forty-one  thousand  dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six  thousand  dollars  ($1,076,000);  for  the  Yonkers  city school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or  made  available;
provided,  however,  that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all  funds  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  collective  negotiations  conducted pursuant to the provisions and
procedures of article 14 of the civil service law,  notwithstanding  the
existence  of  a  negotiated  agreement  between a school district and a
certified or recognized employee organization.
  § 43. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2020 enacting
the aid to localities budget shall  be  apportioned  for  the  2020-2021
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the

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provisions  of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the  appropriations  for  the  support  of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid  than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated  for the support of public libraries for the year 2020-2021
by a chapter of the laws of 2020 enacting the education, labor and fami-
ly assistance budget shall fulfill the  state's  obligation  to  provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion  and  approved  by  the  director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations  shall  be
reduced  proportionately  to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
  § 44. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  §  45.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2020, provided,
however, that:
  1. sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh-
teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
four, twenty-seven, thirty-eight, forty-one and forty-two  of  this  act
shall take effect July 1, 2020;
  2.  the  amendments  to  section  2590-h  of the education law made by
section twenty-eight of this act shall not  affect  the  expiration  and
reversion of such section and shall expire and be deemed repealed there-
with;
  3.  section  twenty-nine  of  this act shall be deemed to have been in
full force and effect on and after April 1, 2019; and
  4. the amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker education in New York city made by sections thirty and thirty-one
of  this  act  shall  not affect the repeal of such chapter and shall be
deemed repealed therewith.

                                 PART B

  Section 1. Legislative intent. The purpose of this act is to establish
the Syracuse  Comprehensive  Education  and  Workforce  Training  Center
focusing  on  Science, Technology, Engineering, Arts, and Math. The high
school and center shall provide a high school course of instruction  for
grades nine through twelve, dedicated to providing expanded learning and
job  training  opportunities to students residing in the Onondaga, Cort-

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land and Madison county board of cooperative educational services region
and central New York, in the areas of science, technology,  engineering,
arts and mathematics as well as the core academic areas required for the
issuance  of high school diplomas in accordance with the rules and regu-
lations promulgated by the board  of  regents.  The  legislature  hereby
finds  and  declares that the establishment of the school is a necessary
component to the development of the greater central New York  region  of
New  York  state  and  a necessary link to fostering the development and
advancement of the arts and  emerging  technologies.  This  school  will
advance  the interests of the central New York region and New York state
by engaging students in rigorous and enriching  educational  experiences
focused  on  the  arts and emerging technologies, project-based learning
and collaboration and by providing that experience within the context of
a business and learning community for the purpose of directly connecting
student learning with real world experience in  the  arts  and  advanced
technical  facilities.  It is expressly found that the establishment and
operation of such school pursuant to this act is a public purpose.
  § 2. Establishment of the Syracuse Comprehensive Education  and  Work-
force  Training  Center.    1.  The Syracuse Comprehensive Education and
Workforce Training Center may be established by the board  of  education
of  the  Syracuse  city  school  district  pursuant  to this section for
students in grades nine through twelve.
  2. Such school shall be governed by the  board  of  education  of  the
Syracuse  city school district. The school shall be subject to all laws,
rules and regulations which are  applicable  to  a  public  high  school
unless  otherwise  provided for in this act. The school shall be subject
to the oversight of the board of regents and the program shall be audit-
ed in a manner consistent with provisions of law  and  regulations  that
are applicable to other public schools.
  3.  The  board of education of the Syracuse city school district shall
have the responsibility for the operation, supervision  and  maintenance
of  the  school  and  shall be responsible for the administration of the
school, including curriculum,  grading,  discipline  and  staffing.  The
Syracuse  Comprehensive  Education  and  Workforce Training Center shall
also partner with a certified institution of higher education  to  offer
an  early college high school program. The Syracuse Comprehensive Educa-
tion and Workforce Training Center shall also partner with  a  certified
institution  of  higher  education  to offer apprenticeship training and
programs. The Syracuse Comprehensive Education  and  Workforce  Training
Center  shall  also partner with the State University of New York Empire
State College to ensure that there are career  connection  programs  and
opportunities  including,  but not limited to, workforce preparation and
training, industry certifications  and  credentials  including  advanced
technical  certifications  and  high  school  equivalency  programs, and
education opportunity center programs.  The State University of New York
Empire State College may also partner with the New York State Department
of Labor.  The Syracuse Comprehensive Education and  Workforce  Training
Center  is  also authorized to partner with other local entities includ-
ing, but not limited to, businesses, non-profit organizations, state and
local governments, and other organizations focused on closing the skills
gap and increasing  employment  opportunities  through  training.  These
programs shall be available to students as well as members of the commu-
nity.
  4.  The  board of education of the Syracuse city school district shall
be authorized to enter into contracts  as  necessary  or  convenient  to
operate such school.

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  5.  Students  attending  such  school shall continue to be enrolled in
their school district of residence. The Syracuse  city  school  district
shall  be  responsible  for  the  issuance  of  a high school diploma to
students who attended the school  based  on  such  students'  successful
completion of the school's educational program.
  6.  For  purposes  of  all state aid calculations made pursuant to the
education law, students attending  such  school  shall  continue  to  be
treated and counted as students of their school district of residence.
  7.  The  public  school  district  of  residence shall be obligated to
provide transportation,  without  regard  to  any  mileage  limitations,
provided  however,  for  aid reimbursements pursuant to subdivision 7 of
section 3602 of the education law, expenses associated with  the  trans-
portation  of  students to and from the Syracuse Comprehensive Education
and Workforce Training Center up to a distance of thirty miles shall  be
included.
  8. It shall be the duty of the student's district of residence to make
payments  as  calculated in this act directly to the school district for
each student enrolled in the school.  No costs shall be  apportioned  to
school districts that elect not to participate in such school.
  9.  The  trustees  or  the board of education of a school district may
enter into a memorandum of understanding with the board of education  of
the  Syracuse city school district to participate in such school program
for a period not to exceed five years upon such terms as  such  trustees
or  board  of  education and the board of education of the Syracuse city
school district may mutually agree.   Such memorandum  of  understanding
shall  set  forth a methodology for the calculation of per pupil tuition
costs that shall be subject to review and approval by the commissioner.
  10. Any student eligible for enrollment in grades nine through  twelve
of  a public school entering into a memorandum of understanding with the
board of education of  the  Syracuse  city  school  district  to  enroll
students  in the Syracuse Comprehensive Education and Workforce Training
Center shall be eligible for admission to the high school. To the extent
that the number of qualified applicants may exceed the number of  avail-
able  spaces,  the  school  shall  grant admission on a random selection
basis, provided that an  enrollment  preference  shall  be  provided  to
pupils  returning  to  the  high  school in the second or any subsequent
year. The criteria for admission shall not be limited based on intellec-
tual ability, measures of academic  achievement  or  aptitude,  athletic
aptitude,  disability,  race,  creed, gender, national origin, religion,
ancestry, or location of residence. The high school shall determine  the
tentative  enrollment  roster,  notify the parents, or those in parental
relations to those students, and the resident school district  by  April
first  of the school year preceding the school year for which the admis-
sion is granted.
  11. Notwithstanding any other provision of law to  the  contrary,  the
Syracuse city school district is authorized to transfer ownership of the
Syracuse  Comprehensive  Education  and Workforce Training Center to the
county of Onondaga and the county of Onondaga is  authorized  to  assume
such  ownership  and  to  enter  into a lease for such facility with the
Syracuse city school district. The county of Onondaga may  contract  for
indebtedness  to  renovate such facility and any related financing shall
be deemed a county purpose. The county of Onondaga shall transfer owner-
ship of the Syracuse  Comprehensive  Education  and  Workforce  Training
Center to the city of Syracuse upon the expiration of the lease.
  12.  Notwithstanding  any  other provision of law to the contrary, the
county of Onondaga shall submit estimated project costs  for  the  reno-

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vation  and  equipping of the Syracuse Comprehensive Education and Work-
force Training Center after the completion of schematic plans and  spec-
ifications  for  review  by  the commissioner of education. If the total
project  costs  associated  with  such  project exceed the approved cost
allowance of such building project pursuant to  section  three  of  this
act,  and  the county has not otherwise demonstrated to the satisfaction
of the New York state department of education the availability of  addi-
tional  local  shares  for  such  excess costs from the city of Syracuse
and/or the Syracuse city school district,  then  the  county  shall  not
proceed  with the preparation of final plans and specifications for such
project until the project has been  redesigned  or  value-engineered  to
reduce  estimated  project  costs  so  as  not  to exceed the above cost
limits.
  13. Notwithstanding any other provision of law to  the  contrary,  the
county  of  Onondaga  shall submit estimated project costs for the reno-
vation and equipping of the Syracuse Comprehensive  Education  Workforce
and  Training  Center after the completion of fifty percent of the final
plans and specifications for review by the commissioner of education. If
the total project costs associated with such project exceed the approved
cost allowance of such building project pursuant  to  section  three  of
this act, and the county has not otherwise demonstrated to the satisfac-
tion  of  the New York state department of education the availability of
additional local share for such excess costs from the city  of  Syracuse
and/or  the  Syracuse  city  school  district, then the county shall not
proceed with the completion of the remaining fifty percent of the  plans
and  specifications  for  such  project until the project has been rede-
signed or value-engineered to reduce estimated project costs  so  as  to
not exceed the above cost limits.
  § 3. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 8 to read as follows:
  (8)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR THE RENOVATION AND EQUIP-
PING OF THE SYRACUSE  COMPREHENSIVE  EDUCATION  AND  WORKFORCE  TRAINING
CENTER AUTHORIZED FOR OPERATION BY THE SYRACUSE CITY SCHOOL DISTRICT THE
BUILDING AID UNITS ASSIGNED TO THIS PROJECT SHALL REFLECT A BUILDING AID
ENROLLMENT  OF  ONE THOUSAND STUDENTS AND MULTI-YEAR COST ALLOWANCES FOR
THE PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO  TIMES  IN  THE  FIRST
FIVE-YEAR  PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTAB-
LISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM
COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
  § 4. This act shall take effect immediately.

                                 PART C

  Section 1. Definitions. As used in this act:
  (a) "Commissioner" shall mean the commissioner of education;
  (b) "Department" shall mean the state education department;
  (c) "Board of education" or "board" shall mean the board of  education
of the Rochester city school district;
  (d)  "School  district"  or  "district"  shall mean the Rochester city
school district;
  (e) "Superintendent" shall mean the superintendent  of  the  Rochester
city school district;
  (f)  "Relatives"  shall  mean  a  Rochester city school district board
member's spouse, domestic partner, child, stepchild, stepparent, or  any

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person who is a direct descendant of the grandparents of a current board
member or a board member's spouse or domestic partner;
  (g) "Mayor" shall mean the mayor of the city of Rochester; and
  (h) "City" shall mean the city of Rochester.
  §  2.  Appointment  of a monitor. The commissioner and the mayor shall
jointly appoint one monitor to provide oversight, guidance and technical
assistance related to the educational and  fiscal  policies,  practices,
programs  and  decisions  of the school district, the board of education
and the superintendent.
  1. The monitor, to the extent practicable, shall  have  experience  in
school district finances and one or more of the following areas:
  (a) elementary and secondary education;
  (b) the operation of school districts in New York;
  (c) educating students with disabilities; and
  (d) educating English language learners.
  2. The monitor shall be a non-voting ex-officio member of the board of
education.  The  monitor  shall  be an individual who is not a resident,
employee of the school district or relative of a  board  member  of  the
school district at the time of his or her appointment.
  3. The reasonable and necessary expenses incurred by the monitor while
performing  his  or  her  official  duties  shall  be paid by the school
district.  Notwithstanding any other provision of law, the monitor shall
be entitled to defense and indemnification by the school district to the
same extent as a school district employee.
  § 3. Meetings. 1. The monitor shall be entitled to attend all meetings
of the board, including executive sessions; provided however, such moni-
tor shall not be considered for purposes of establishing a quorum of the
board. The school  district  shall  fully  cooperate  with  the  monitor
including, but not limited to, providing such monitor with access to any
necessary  documents  and  records  of  the district including access to
electronic  information  systems,  databases  and  planning   documents,
consistent with all applicable state and federal statutes including, but
not  limited  to,  Family  Education  Rights and Privacy Act (FERPA) (20
U.S.C. § 1232g) and section 2-d of the education law.
  2. The board, in consultation with the monitor, shall adopt a conflict
of interest policy that complies  with  all  existing  applicable  laws,
rules  and regulations that ensures its board members and administration
act in the school district's best interest and  comply  with  applicable
legal  requirements.  The conflict of interest policy shall include, but
not be limited to:
  (a) a definition of the circumstances that constitute  a  conflict  of
interest;
  (b) procedures for disclosing a conflict of interest to the board;
  (c) a requirement that the person with the conflict of interest not be
present  at or participate in board deliberations or votes on the matter
giving rise to such conflict, provided that nothing in this  subdivision
shall  prohibit  the  board  from  requesting  that  the person with the
conflict of interest present information as background or  answer  ques-
tions  at  a board meeting prior to the commencement of deliberations or
voting relating thereto;
  (d) a prohibition against any attempt by the person with the  conflict
to  influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
  (e) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.

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  § 4. Public hearings. 1. The monitor shall schedule three public hear-
ings to be held within sixty days of his or her appointment, which shall
allow public comment from the district's residents,  students,  parents,
employees, the mayor, board members and administration.
  (a)  The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner,  the  department  and  the
board  of  regents regarding school district governance and intervention
under applicable state law and regulations, including  but  not  limited
to, sections 306, 211-c, and 211-f of the education law.
  (b)  The  second  hearing  shall  take  public comment on the academic
performance of the district.
  (c) The third hearing shall take public comment on the fiscal perform-
ance of the district.
  2. The board of education, the superintendent and  the  monitor  shall
consider  these  public  comments when developing the financial plan and
academic improvement plan under this act.
  § 5. Financial plan. 1. No later than  November  first,  two  thousand
twenty, the board of education, the superintendent and the monitor shall
develop a proposed financial plan for the two thousand twenty--two thou-
sand  twenty-one  school  year and the four subsequent school years. The
financial plan shall ensure that  annual  aggregate  operating  expenses
shall  not  exceed  annual  aggregate operating revenues for such school
year and that the major operating funds of the district be  balanced  in
accordance  with  generally  accepted  accounting  principles, and shall
consider whether financial and budgetary functions of the district shall
be subject to a shared services agreement  with  the  city  and  whether
district  governance  should  be  modified.    The  financial plan shall
include statements of all estimated  revenues,  expenditures,  and  cash
flow projections of the district.
  2. If the board of education and the monitor agree on all the elements
of  the  proposed financial plan, the board of education shall conduct a
public hearing on the plan and consider the input of the community.  The
proposed  financial  plan shall be made public on the district's website
at least three business  days  before  such  public  hearing.  Once  the
proposed  financial  plan  has  been approved by the board of education,
such plan shall be submitted by the monitor to the commissioner and  the
mayor for approval and shall be deemed approved for the purposes of this
act.
  3.  If  the board of education and the monitor do not agree on all the
elements of the proposed financial plan, the board  of  education  shall
conduct  a public hearing on the proposed plan that details the elements
of disagreement between the monitor and the board, including  documented
justification  for  such disagreements and any requested amendments from
the monitor. The proposed financial plan, elements of disagreement,  and
requested  amendments  shall be made public on the district's website at
least three business days before such public hearing. After  considering
the  input  of the community, the board may alter the proposed financial
plan and the monitor may alter his or her requested amendments, and  the
monitor  shall submit the proposed financial plan, his or her amendments
to the plan, and documentation providing justification  for  such  disa-
greements and amendments to the commissioner and the mayor no later than
December  first, two thousand twenty. By January fifteenth, two thousand
twenty-one, the commissioner and the mayor  shall  jointly  approve  the
proposed  plan  with  any  of the monitor's proposed amendments, or make
other modifications, they deem appropriate.    The  board  of  education
shall  provide  the commissioner and the mayor with any information they

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request to approve such plan within three business days of such request.
Upon the approval of the commissioner and the mayor, the financial  plan
shall be deemed approved for purposes of this act.
  §  6.  Academic improvement plan. 1. No later than November first, two
thousand twenty, the board of  education,  the  superintendent  and  the
monitor  shall  develop  an academic improvement plan for the district's
two thousand twenty--two thousand twenty-one school year  and  the  four
subsequent  school  years. The academic improvement plan shall contain a
series of programmatic  recommendations  designed  to  improve  academic
performance over the period of the plan in those academic areas that the
commissioner  deems  to  be  in  need of improvement which shall include
addressing the provisions contained in any action plan set forth by  the
department.
  2. If the board of education and the monitor agree on all the elements
of  the proposed academic improvement plan, the board of education shall
conduct a public hearing on the plan  and  consider  the  input  of  the
community.  The  proposed academic improvement plan shall be made public
on the district's website at  least  three  business  days  before  such
public  hearing.    Once the proposed academic improvement plan has been
approved by the board of education, such plan shall be submitted by  the
monitor  to  the  commissioner for approval and shall be deemed approved
for the purposes of this act.
  3. If the board of education and the monitor do not agree on  all  the
elements  of the proposed academic improvement plan, the board of educa-
tion shall conduct a public hearing on the proposed  plan  that  details
the  elements of disagreement between the monitor and the board, includ-
ing documented justification for such disagreements  and  any  requested
amendments  from  the  monitor.  The proposed academic improvement plan,
elements of disagreement, and requested amendments shall be made  public
on  the  district's  website  at  least  three business days before such
public hearing. After considering the input of the community, the  board
may  alter  the  proposed  academic improvement plan and the monitor may
alter his or her requested amendments, and the monitor shall submit  the
proposed  academic  improvement plan, his or her amendments to the plan,
and documentation providing justification  for  such  disagreements  and
amendments  to  the commissioner no later than December first, two thou-
sand twenty. By January fifteenth, two thousand twenty-one, the  commis-
sioner  shall  approve  the  proposed  plan  with  any  of the monitor's
proposed amendments, or make other modifications, he or she deems appro-
priate. The board of education shall provide the commissioner  with  any
information  he  or she requests to approve such plan within three busi-
ness days of such request. Upon the approval of  the  commissioner,  the
academic  improvement plan shall be deemed approved for purposes of this
act.
  § 7. Fiscal and operational oversight. 1. Starting with  the  proposed
budget  for  the two thousand twenty-one--two thousand twenty-two school
year, the board of education shall annually submit the school district's
proposed budget for the next succeeding school year to  the  monitor  no
later than March first prior to the start of such next succeeding school
year.  The monitor shall review the proposed budget to ensure that it is
balanced within the context of revenue  and  expenditure  estimates  and
mandated  programs. The monitor shall also review the proposed budget to
ensure that it, to the greatest extent possible, is consistent with  the
district  academic  improvement  plan  and  financial plan developed and
approved pursuant to this act. The monitor  shall  present  his  or  her
findings  to  the  board of education, the mayor and the commissioner no

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later than forty-five days prior to the date scheduled for the board  of
education's vote on the adoption of the final budget or the last date on
which  the  budget  may  be  finally  adopted,  whichever is sooner. The
commissioner  and the mayor shall jointly require the board of education
to make amendments to the proposed budget consistent with any  recommen-
dations  made  by  the monitor if the commissioner and the mayor jointly
determine such amendments are necessary to  comply  with  the  financial
plan  and  academic improvement plan under this act. The school district
shall make available on the district's website:   the  initial  proposed
budget,  the  monitor's findings, and the final proposed budget at least
seven days prior to the date of the school  district's  budget  hearing.
The board of education shall provide the commissioner and the mayor with
any  information  they request in order to make a determination pursuant
to this subdivision within three business days of such request.
  2. The district shall provide quarterly reports  to  the  monitor  and
annual  reports  to the mayor, the commissioner and the board of regents
on the academic, fiscal, and operational status of the school  district.
In addition, the monitor shall provide semi-annual reports to the mayor,
the  commissioner,  board of regents, the governor, the temporary presi-
dent of the senate, and the speaker of the  assembly  on  the  academic,
fiscal, and operational status of the school district.  Such semi-annual
report  shall  include  all the contracts that the district entered into
throughout the year.
  3. The monitor shall have the authority to disapprove  travel  outside
the state paid for by the district.
  4.  The  monitor shall work with the district's shared decision-making
committee as defined in  8  NYCRR  100.11  in  developing  the  academic
improvement  plan,  financial  plan,  district  goals, implementation of
district  priorities,  budgetary  recommendations  and   recommendations
related to school governance.
  5.  The  monitor shall assist in resolving any disputes and conflicts,
including but not limited to, those between the superintendent  and  the
board of education and among the members of the board of education.
  6.  The monitor may recommend, and the board shall consider by vote of
a resolution at the next scheduled meeting of  the  board,  cost  saving
measures including, but not limited to, shared service agreements.
  § 8. The commissioner may overrule any decision of the monitor, except
for collective bargaining agreements negotiated in accordance with arti-
cle  14  of the civil service law, if he or she deems that such decision
is not aligned with the academic improvement plan.  The commissioner and
the mayor may jointly overrule any decision of the monitor,  except  for
collective  bargaining  agreements negotiated in accordance with article
14 of the civil service law, if they jointly deem such decision  is  not
aligned with the financial plan or the school district's budget.
  §  9. The monitor may notify the commissioner, the mayor and the board
in writing when he or she deems the district is violating an element  of
the  financial  plan  or  academic  improvement plan in this act. Within
twenty days, the commissioner shall determine whether the district is in
violation of any of the elements of the academic improvement plan  high-
lighted by the monitor and shall order the district to comply immediate-
ly  with  the  plan  and  remedy any such violation.   The mayor and the
commissioner shall, within twenty days, jointly  determine  whether  the
district  is  in  violation of any of the elements of the financial plan
highlighted by the monitor and shall order the district to comply  imme-
diately  with  the  plan  and  remedy  any  such violation.   The school
district shall suspend all actions related to the potential violation of

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the financial plan or academic improvement plan until  the  commissioner
issues a determination or the mayor and the commissioner jointly issue a
determination related to the financial plan.
  §  10.  Nothing  in this act shall be construed to abrogate the duties
and responsibilities of the school district consistent  with  applicable
state law and regulations.
  §  11.  This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2021.

                                 PART D

  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355 of the education law, as amended by section 1 of part JJJ of chapter
59 of the laws of 2017, is amended to read as follows:
  (4)  The trustees shall not impose a differential tuition charge based
upon need or  income.  Except  as  hereinafter  provided,  all  students
enrolled  in  programs  leading to like degrees at state-operated insti-
tutions of the state university shall  be  charged  a  uniform  rate  of
tuition  except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of  the  colleges  for  students
enrolled  in degree-granting programs leading to an associate degree and
non-degree granting programs so long  as  such  tuition  rate  does  not
exceed  the  tuition  rate  charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading  to  a
baccalaureate  degree  at other state-operated institutions of the state
university of New York. Notwithstanding  any  other  provision  of  this
subparagraph, the trustees may authorize the setting of a separate cate-
gory  of  tuition  rate, that shall be greater than the tuition rate for
resident students and  less  than  the  tuition  rate  for  non-resident
students,  only  for  students enrolled in distance learning courses who
are not residents of the state. Except as otherwise authorized  in  this
subparagraph,  the  trustees  shall  not adopt changes affecting tuition
charges prior to the enactment of the annual  budget,  provided  however
that:
  (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
academic year and ending  in  the  two  thousand  fifteen--two  thousand
sixteen academic year the state university of New York board of trustees
shall  be  empowered  to  increase  the  resident  undergraduate rate of
tuition by not more than three hundred dollars over the resident  under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with  the  two  thousand
eleven--two thousand twelve academic year and ending in the two thousand
sixteen--two  thousand  seventeen  academic  year if the annual resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition credit for each eligible student, as determined  and  calculated
by  the New York state higher education services corporation pursuant to
section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for each semester, quarter or term of study shall not  be  due  for  any
student eligible to receive such tuition credit until the tuition credit
is  calculated  and  applied  against the tuition charged for the corre-
sponding semester, quarter or term.
  (ii) Commencing with the two thousand seventeen--two thousand eighteen
academic year and ending in the two thousand twenty--two thousand  twen-

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ty-one  academic year the state university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by  not  more than two hundred dollars over the resident under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided, however that if the annual resident undergradu-
ate rate of tuition would exceed five thousand dollars, then  a  tuition
credit  for  each  eligible student, as determined and calculated by the
New York state higher education services corporation pursuant to section
six hundred eighty-nine-a of this title, shall  be  applied  toward  the
tuition charged for each semester, quarter or term of study. Tuition for
each semester, quarter or term of study shall not be due for any student
eligible  to  receive  such  tuition  credit until the tuition credit is
calculated and applied against the tuition charged for the corresponding
semester, quarter or term. Provided, further that the revenue  resulting
from  an  increase  in  the  rate  of tuition shall be allocated to each
campus pursuant to a plan approved by the board of trustees  to  support
investments  in  new  classroom  faculty,  instruction,  initiatives  to
improve student success and on-time completion and a tuition credit  for
each eligible student.
  (iii)  COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO ACADEMIC YEAR AND ENDING IN  THE  TWO  THOUSAND  TWENTY-FOUR--TWO
THOUSAND  TWENTY-FIVE  ACADEMIC  YEAR  THE  STATE UNIVERSITY OF NEW YORK
BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRAD-
UATE RATE OF TUITION BY NO MORE THAN TWO HUNDRED DOLLARS OVER THE  RESI-
DENT  UNDERGRADUATE  RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN
THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE  ANNUAL  RESIDENT
UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
TUITION  CREDIT  FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO
SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
FOR  EACH  SEMESTER,  QUARTER  OR TERM OF STUDY SHALL NOT BE DUE FOR ANY
STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
IS CALCULATED AND APPLIED AGAINST THE TUITION  CHARGED  FOR  THE  CORRE-
SPONDING  SEMESTER,  QUARTER  OR TERM. PROVIDED FURTHER THAT THE REVENUE
RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED  TO
EACH  CAMPUS  PURSUANT  TO  A  PLAN APPROVED BY THE BOARD OF TRUSTEES TO
SUPPORT INVESTMENTS IN NEW CLASSROOM FACULTY,  INSTRUCTION,  INITIATIVES
TO  IMPROVE  STUDENT SUCCESS AND ON-TIME COMPLETION AND A TUITION CREDIT
FOR EACH ELIGIBLE STUDENT.
  (IV) On or before November thirtieth, two thousand  [seventeen]  TWEN-
TY-ONE,  the  trustees  shall  approve  and  submit to the chairs of the
assembly ways and means committee and the senate finance  committee  and
to  the  director  of the budget a master tuition plan setting forth the
tuition rates that  the  trustees  propose  for  resident  undergraduate
students  for  the  four  year  period  commencing with the two thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one] TWENTY-FIVE academic year, and shall submit any proposed  amend-
ments  to such plan by November thirtieth of each subsequent year there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and
provided further, that with the approval of the board of trustees,  each
university  center may increase non-resident undergraduate tuition rates
each year by not more than ten percent over the  tuition  rates  of  the
prior  academic year for a six year period commencing with the two thou-

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sand eleven--two thousand twelve academic year and  ending  in  the  two
thousand sixteen--two thousand seventeen academic year.
  [(iv)]  (V)  Beginning  in  state  fiscal year two thousand twelve-two
thousand thirteen and ending in state fiscal year two thousand  fifteen-
-two  thousand  sixteen,  the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated  and  made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support  for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one  another,  and  the
aforementioned provisions shall not apply.
  [(v)]  (VI) Beginning in state fiscal year two thousand seventeen--two
thousand eighteen and ending in state fiscal year two thousand  twenty--
two  thousand twenty-one, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated  and  made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support  for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one  another,  and  the
aforementioned  provisions  shall not apply; provided further, the state
shall appropriate and make available general fund support to fully  fund
the  tuition  credit  pursuant to subdivision two of section six hundred
sixty-nine-h of this title.
  (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE  STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN  A  MANNER  PROPORTIONATE  TO  ONE
ANOTHER,  AND  THE  AFOREMENTIONED  PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
SUPPORT  TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
  [(vi)] (VIII) For the state university  fiscal  years  commencing  two
thousand  eleven--two  thousand twelve and ending two thousand fifteen--
two thousand sixteen, each university center may set aside a portion  of
its tuition revenues derived from tuition increases to provide increased
financial  aid  for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or  more  subject  to  the
approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
of the state university of New York. Nothing in this paragraph shall  be
construed  as  to  authorize  that  students whose net taxable income is
eighty thousand dollars or more  are  eligible  for  tuition  assistance
program  awards  pursuant  to  section  six  hundred sixty-seven of this
[chapter] TITLE.
  § 2. Paragraph h of subdivision 2 of section 355 of the education  law
is amended by adding a new paragraph 4-a to read as follows:

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  (4-A)  NOTWITHSTANDING  ANY  LAW, RULE, REGULATION, OR PRACTICE TO THE
CONTRARY AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF  THE
STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY RAISE
NON-RESIDENT UNDERGRADUATE RATES OF TUITION BY NOT MORE THAN TEN PERCENT
OVER  THE  TUITION  RATES  OF  THE PRIOR ACADEMIC YEAR FOR THE FOLLOWING
DOCTORAL DEGREE GRANTING INSTITUTIONS OF THE  STATE  UNIVERSITY  OF  NEW
YORK  THE  STATE UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE
AND FORESTRY AS DEFINED IN ARTICLE ONE HUNDRED TWENTY-ONE OF THIS  CHAP-
TER,  DOWNSTATE  MEDICAL CENTER, UPSTATE MEDICAL CENTER, AND THE COLLEGE
OF TECHNOLOGY AT UTICA-ROME/STATE UNIVERSITY POLYTECHNIC INSTITUTE FOR A
FOUR YEAR PERIOD COMMENCING WITH THE TWO THOUSAND  TWENTY--TWO  THOUSAND
TWENTY-ONE  ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY-THREE--
TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR PROVIDED THAT SUCH RATE CHANGE IS
APPROVED ANNUALLY PRIOR TO BOARD OF TRUSTEES ACTION BY THE CHANCELLOR OF
THE STATE UNIVERSITY OR HIS OR HER DESIGNEE.
  § 3. Paragraph (a) of subdivision 7 of section 6206 of  the  education
law,  as  amended  by section 2 of part JJJ of chapter 59 of the laws of
2017, is amended to read as follows:
  (a) The board of  trustees  shall  establish  positions,  departments,
divisions  and  faculties; appoint and in accordance with the provisions
of law fix salaries of  instructional  and  non-instructional  employees
therein;  establish  and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition  shall  be  charged
and  to  regulate  tuition  charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units  of
the  city  university.  The trustees shall review any proposed community
college tuition increase and the justification for  such  increase.  The
justification  provided by the community college for such increase shall
include a detailed analysis of ongoing operating  costs,  capital,  debt
service  expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon  need  or  income.  All  students
enrolled  in  programs  leading  to  like degrees at the senior colleges
shall be charged a uniform rate  of  tuition,  except  for  differential
tuition  rates  based  on  state  residency.  Notwithstanding  any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition  rate,  that  shall  be  greater  than  the
tuition  rate  for  resident students and less than the tuition rate for
non-resident students, only for students enrolled in  distance  learning
courses who are not residents of the state; provided, however, that:
  (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
academic year and ending  in  the  two  thousand  fifteen--two  thousand
sixteen academic year, the city university of New York board of trustees
shall  be  empowered  to  increase  the  resident  undergraduate rate of
tuition by not more than three hundred dollars over the resident  under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with  the  two  thousand
eleven--two  thousand twelve academic year and ending with the two thou-
sand sixteen--two thousand seventeen academic year if the  annual  resi-
dent  undergraduate  rate of tuition would exceed five thousand dollars,
then a tuition credit for  each  eligible  student,  as  determined  and
calculated  by  the New York state higher education services corporation
pursuant to section six hundred eighty-nine-a of this chapter, shall  be
applied toward the tuition charged for each semester, quarter or term of
study.  Tuition for each semester, quarter or term of study shall not be
due for any student eligible to receive such tuition  credit  until  the

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tuition credit is calculated and applied against the tuition charged for
the corresponding semester, quarter or term.
  (ii) Commencing with the two thousand seventeen--two thousand eighteen
academic  year and ending in the two thousand twenty--two thousand twen-
ty-one academic year the city university of New York board  of  trustees
shall  be  empowered  to  increase  the  resident  undergraduate rate of
tuition by not more than two hundred dollars over  the  resident  under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided however that if the annual resident  undergradu-
ate  rate  of tuition would exceed five thousand dollars, then a tuition
credit for each eligible student, as determined and  calculated  by  the
New York state higher education services corporation pursuant to section
six  hundred  eighty-nine-a  of  this  [title] CHAPTER, shall be applied
toward the tuition charged for each semester, quarter or term of  study.
Tuition for each semester, quarter or term of study shall not be due for
any  student  eligible  to receive such tuition credit until the tuition
credit is calculated and applied against the  tuition  charged  for  the
corresponding  semester,  quarter  or  term.  Provided, further that the
revenue resulting from an increase in the rate of tuition shall be allo-
cated to each campus pursuant to a plan approved by the board  of  trus-
tees  to  support  investments  in  new  classroom faculty, instruction,
initiatives to improve student success  and  on-time  completion  and  a
tuition credit for each eligible student.
  (iii)  COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO ACADEMIC YEAR AND ENDING IN  THE  TWO  THOUSAND  TWENTY-FOUR--TWO
THOUSAND TWENTY-FIVE ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD
OF  TRUSTEES  SHALL  BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE
RATE OF TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER  THE  RESIDENT
UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
PRIOR ACADEMIC YEAR; PROVIDED, HOWEVER,  THAT  IF  THE  ANNUAL  RESIDENT
UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
TUITION  CREDIT  FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO
SECTION  SIX  HUNDRED  EIGHTY-NINE-A  OF  THIS CHAPTER, SHALL BE APPLIED
TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF  STUDY.
TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR
ANY  STUDENT  ELIGIBLE  TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION
CREDIT IS CALCULATED AND APPLIED AGAINST THE  TUITION  CHARGED  FOR  THE
CORRESPONDING  SEMESTER,  QUARTER  OR  TERM.  PROVIDED, FURTHER THAT THE
REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLO-
CATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD  OF  TRUS-
TEES  TO  SUPPORT  INVESTMENTS  IN  NEW  CLASSROOM FACULTY, INSTRUCTION,
INITIATIVES TO IMPROVE STUDENT SUCCESS  AND  ON-TIME  COMPLETION  AND  A
TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
  (IV)  On  or before November thirtieth, two thousand [seventeen] TWEN-
TY-ONE, the trustees shall approve and  submit  to  the  chairs  of  the
assembly  ways  and means committee and the senate finance committee and
to the director of the budget a master tuition plan  setting  forth  the
tuition  rates  that  the  trustees  propose  for resident undergraduate
students for the four year  period  commencing  with  the  two  thousand
[seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
ty-one]  TWENTY-FIVE academic year, and shall submit any proposed amend-
ments to such plan by November thirtieth of each subsequent year  there-
after through November thirtieth, two thousand [twenty] TWENTY-FOUR.

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  [(iv)]  (V)  Beginning  in  state fiscal year two thousand twelve--two
thousand thirteen and ending in state fiscal year two thousand  fifteen-
-two  thousand  sixteen,  the state shall appropriate and make available
state support for operating expenses, including fringe benefits, for the
city  university  in an amount not less than the amount appropriated and
made available in the prior state fiscal year; provided,  however,  that
if the governor declares a fiscal emergency, and communicates such emer-
gency to the temporary president of the senate and speaker of the assem-
bly,  state  support  for operating expenses of the state university and
city university may be reduced in a manner proportionate to one another,
and the aforementioned provisions shall not apply.
  [(v)] (VI) Beginning in state fiscal year two thousand  seventeen--two
thousand  eighteen and ending in state fiscal year two thousand twenty--
two thousand twenty-one, the state shall appropriate and make  available
general  fund operating support, including fringe benefits, for the city
university in an amount not less than the amount appropriated  and  made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support  for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one  another,  and  the
aforementioned  provisions  shall not apply; provided further, the state
shall appropriate and make available general fund support to fully  fund
the  tuition  credit  pursuant to subdivision two of section six hundred
sixty-nine-h of this chapter.
  (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
THE  CITY  UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
AND CITY UNIVERSITY MAY BE REDUCED IN  A  MANNER  PROPORTIONATE  TO  ONE
ANOTHER,  AND  THE  AFOREMENTIONED  PROVISIONS SHALL NOT APPLY; PROVIDED
FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE  AVAILABLE  GENERAL  FUND
SUPPORT  TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDIVISION TWO OF
SECTION SIX HUNDRED SIXTY-NINE-H OF THIS CHAPTER.
  § 4. Section 16 of chapter 260 of  the  laws  of  2011,  amending  the
education  law  and the New York state urban development corporation act
relating to establishing components of the NY-SUNY 2020 challenge  grant
program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
of 2017, is amended to read as follows:
  § 16. This act shall take effect July 1, 2011; provided that  sections
one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
thirteen of this act shall expire [10] 14  years  after  such  effective
date  when  upon  such  date  the provisions of this act shall be deemed
repealed; and provided further that sections  fourteen  and  fifteen  of
this  act  shall expire 5 years after such effective date when upon such
date the provisions of this act shall be deemed repealed.
  § 5. This act shall take effect immediately; provided,  however,  that
the  amendments  to  subparagraph  4  of paragraph h of subdivision 2 of
section 355 of the education law made by section one of this act and the
amendments to paragraph (a) of subdivision 7  of  section  6206  of  the
education  law  made  by  section three of this act shall not affect the

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expiration of such paragraph and subparagraph and  shall  be  deemed  to
expire therewith.

                                 PART E

  Section  1.  Paragraph  (d)  of  subdivision 1 of section 669-h of the
education law, as amended by section 1 of part T of chapter  56  of  the
laws of 2018, is amended to read as follows:
  (d)  has  an  adjusted  gross  income for the qualifying year, as such
terms are defined in this subdivision, equal to or less  than:  (i)  one
hundred  thousand  dollars  for recipients receiving an award in the two
thousand  seventeen--two  thousand  eighteen  academic  year;  (ii)  one
hundred  ten  thousand  dollars for recipients receiving an award in the
two thousand eighteen--two thousand nineteen academic year; [and]  (iii)
one  hundred  twenty-five  thousand  dollars for recipients receiving an
award in the two thousand nineteen--two thousand twenty  academic  year;
(IV)  ONE  HUNDRED THIRTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS RECEIVING
AN AWARD IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE  ACADEMIC
YEAR;  AND (V) ONE HUNDRED FIFTY THOUSAND DOLLARS FOR RECIPIENTS RECEIV-
ING AN AWARD IN THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO
ACADEMIC YEAR and thereafter; and
  § 2. This act shall take effect immediately.

                                 PART F

  Section  1.  Subdivision  3  of section 667-d of the education law, as
amended by section 1 of part W of chapter 56 of the  laws  of  2018,  is
amended to read as follows:
  3.  Income. An award shall be made to an applicant who has an adjusted
gross income for the qualifying year, as such terms are defined in  this
subdivision, equal to or less than: (i) one hundred thousand dollars for
recipients  receiving  an award in the two thousand seventeen--two thou-
sand eighteen academic year; (ii) one hundred ten thousand  dollars  for
recipients receiving an award in the two thousand eighteen--two thousand
nineteen  academic  year;  [and]  (iii) one hundred twenty-five thousand
dollars for recipients receiving an award in the two thousand  nineteen-
-two  thousand  twenty academic year; (IV) ONE HUNDRED THIRTY-FIVE THOU-
SAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND TWEN-
TY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR; AND  (V)  ONE  HUNDRED  FIFTY
THOUSAND  DOLLARS  FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  ACADEMIC  YEAR  and   thereafter.
Adjusted  gross income shall be the total of the combined adjusted gross
income of the applicant and the applicant's parents or the applicant and
the applicant's  spouse,  if  married.  Qualifying  year  shall  be  the
adjusted  gross  income as reported on the federal income tax return, or
as otherwise obtained by the corporation, for the calendar year coincid-
ing with the tax year established by the U.S. department of education to
qualify applicants for federal student financial aid programs authorized
by Title IV of the Higher Education Act of nineteen hundred  sixty-five,
as  amended,  for the school year in which application for assistance is
made. Provided, however, if an applicant demonstrates to the corporation
that there has been a change in such applicant's adjusted  gross  income
in the year or years subsequent to the qualifying year which would qual-
ify such applicant for an award, the corporation shall review and make a
determination  as  to  whether  such applicant meets the requirement set
forth in this subdivision based on such  year.  Provided,  further  that

S. 7506--A                         50                         A. 9506--A

such  change  was  caused  by the death, permanent and total physical or
mental disability, divorce, or separation by judicial decree or pursuant
to an agreement of separation which is filed with a court  of  competent
jurisdiction  of  any  person  whose  income  was required to be used to
compute the applicant's total adjusted gross income.
  § 2. This act shall take effect immediately.

                                 PART G

  Section 1. Section 1503 of the business corporation law is amended  by
adding a new paragraph (h) to read as follows:
  (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER  ARTICLE  ONE  HUNDRED  FORTY-NINE  OF  THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
FIRM,  IN  TERMS  OF  FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFES-
SIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE,  HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR OF THE EDUCATION LAW. FOR PURPOSES OF  THIS  PARAGRAPH,  "FINANCIAL
INTEREST"  MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS  OF  A  BUSINESS
ENTITY.    ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED  BY  THE  STATE  BOARD  OF
REGENTS.   NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC  ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM
THAT  IS  INCORPORATED  UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE  DAY-TO-DAY  BUSINESS  OR  MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL
HAVE ATTACHED TO ITS  CERTIFICATE  OF  INCORPORATION  A  CERTIFICATE  OR
CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN
LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF THIS SECTION.
  § 2. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH
SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND  WHO  ARE  OR  HAVE  BEEN
ENGAGED  IN  THE  PRACTICE  OF  SUCH PROFESSION IN SUCH CORPORATION OR A
PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF  SUCH  PROFES-
SION  IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE
ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES  OF  THE  CORPORATION  NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
  (I)  AT  LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED  PUBLIC
ACCOUNTANTS,

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  (III)  AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
  (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
NO  SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS  ARTICLE  SHALL  ENTER  INTO  A
VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME  CORPORATION,
THE  AUTHORITY  TO  EXERCISE  VOTING  POWER  OF ANY OR ALL OF HIS OR HER
SHARES. ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED  IN
VIOLATION OF THIS SECTION SHALL BE VOID.
  § 3. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C)  THE  DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING  AS  A  PROFESSIONAL  SERVICE  CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE  MAY  INCLUDE  INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST  FIFTY-ONE  PERCENT  OF  THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE  CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY LAW  TO  PRACTICE  IN  ANY  STATE  THE
PROFESSION  WHICH  SUCH  CORPORATION  IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN  THE  PRACTICE  OF
THEIR PROFESSIONS IN SUCH CORPORATION.
  § 4. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification   of   shareholders,  directors,  officers  and
          employees.
  If any shareholder, director, officer or employee  of  a  professional
service  corporation,  including  a  design  professional service corpo-
ration, who has  been  rendering  professional  service  to  the  public
becomes  legally  disqualified  to practice his OR HER profession within
this state, he OR SHE shall sever all  employment  with,  and  financial
interests  (other  than  interests  as  a creditor) in, such corporation
forthwith or as otherwise provided in section 1510 of this article.  All
provisions of law regulating the rendering of professional services by a
person  elected or appointed to a public office shall be applicable to a
shareholder, director, officer and employee of such corporation  in  the
same  manner  and  to the same extent as if fully set forth herein. Such
legal disqualification to practice his OR  HER  profession  within  this
state shall be deemed to constitute an irrevocable offer by the disqual-
ified shareholder to sell his OR HER shares to the corporation, pursuant
to  the provisions of section 1510 of this article or of the certificate
of incorporation, by-laws or agreement among  the  corporation  and  all
shareholders, whichever is applicable. Compliance with the terms of such
offer  shall  be specifically enforceable in the courts of this state. A
professional service corporation's failure to  enforce  compliance  with
this  provision  shall constitute a ground for forfeiture of its certif-
icate of incorporation and its dissolution.
  § 5. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and a  new  para-
graph (c) is added to read as follows:
  (a) No shareholder of a professional service corporation [or], INCLUD-
ING  a design professional service corporation, may sell or transfer his
OR HER shares in such corporation except to another  individual  who  is

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eligible  to  have  shares  issued  to him OR HER by such corporation or
except in trust to another individual who would be eligible  to  receive
shares  if  he  OR  SHE were employed by the corporation. Nothing herein
contained shall be construed to prohibit the transfer of shares by oper-
ation  of  law or by court decree.  No transferee of shares by operation
of law or court decree may vote the shares for  any  purpose  whatsoever
except  with  respect to corporate action under sections 909 and 1001 of
this chapter. The restriction in the preceding sentence shall not apply,
however, where such transferee would be eligible to have  shares  issued
to  him  OR HER if he OR SHE were an employee of the corporation and, if
there are other shareholders, a  majority  of  such  other  shareholders
shall fail to redeem the shares so transferred, pursuant to section 1510
of  this  article, within sixty days of receiving written notice of such
transfer. Any sale or transfer, except by  operation  of  law  or  court
decree  or  except for a corporation having only one shareholder, may be
made only after the same shall have been approved by the board of direc-
tors, or at a shareholders' meeting specially called for such purpose by
such proportion, not less than a majority, of the outstanding shares  as
may be provided in the certificate of incorporation or in the by-laws of
such professional service corporation. At such shareholders' meeting the
shares  held by the shareholder proposing to sell or transfer his OR HER
shares may not be voted or counted for any purpose,  unless  all  share-
holders consent that such shares be voted or counted. The certificate of
incorporation or the by-laws of the professional service corporation, or
the  professional  service  corporation  and the shareholders by private
agreement, may provide, in lieu of  or  in  addition  to  the  foregoing
provisions,  for the alienation of shares and may require the redemption
or purchase of such shares by such corporation at prices and in a manner
specifically set forth therein. The existence of the restrictions on the
sale or transfer of shares, as contained in this article and, if  appli-
cable,  in  the certificate of incorporation, by-laws, stock purchase or
stock redemption agreement, shall be noted conspicuously on the face  or
back  of  every  certificate for shares issued by a professional service
corporation. Any sale or transfer  in  violation  of  such  restrictions
shall be void.
  (C)  A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN  HUNDRED  THREE  OF  THIS  ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS  OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A  FIRM  ESTABLISHED  FOR  THE  BUSINESS  PURPOSE  OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR  REDEEM  THE  SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER  SUCH  TERMINATION,  ARE
SOLD  OR  TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
  § 6. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
  (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
FIFTEEN  HUNDRED  THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE  DATE  PRESCRIBED  BY  THE  LICENSING  AUTHORITY,
FURNISH  A  STATEMENT  TO  THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND  OFFICER  OF  SUCH

S. 7506--A                         53                         A. 9506--A

CORPORATION  AND  CERTIFY  AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
  (I)  AT  LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
  (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND  WERE  CERTI-
FIED PUBLIC ACCOUNTANTS,
  (III)  AT  LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
  (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND  THE
CHIEF  EXECUTIVE  OFFICER  OR  OFFICERS  ARE  AND  WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY  CERTIFIED  PUBLIC
ACCOUNTANT  VICE-PRESIDENT  AND  ATTESTED  TO  BY  THE  SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
  § 7. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
  (d) "Foreign professional service corporation"  means  a  professional
service corporation, whether or not denominated as such, organized under
the  laws of a jurisdiction other than this state, all of the sharehold-
ers, directors and officers of which  are  authorized  and  licensed  to
practice  the  profession  for  which such corporation is licensed to do
business; except that all shareholders,  directors  and  officers  of  a
foreign  professional service corporation which provides health services
in this state shall be licensed in this state.  A  FOREIGN  PROFESSIONAL
SERVICE  CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC
ACCOUNTANCY, AS SUCH PRACTICE  IS  DEFINED  UNDER  ARTICLE  ONE  HUNDRED
FORTY-NINE  OF  THE  EDUCATION  LAW,  OR  EQUIVALENT STATE LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
FIRM,  IN  TERMS  OF  FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A  VALID  LICENSE  ISSUED  UNDER  SECTION  SEVENTY-FOUR
HUNDRED  FOUR  OF  THE  EDUCATION  LAW.  FOR PURPOSES OF THIS PARAGRAPH,
"FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE  NON-LICENSEE  OWNERS,
THE  FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS.   NOTWITHSTANDING THE  FOREGOING,  A  FIRM  REGISTERED
UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE
OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A  NATURAL
PERSON  WHO  ACTIVELY  PARTICIPATES  IN  THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY  INTER-
EST  IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES
OF  THIS  PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE  DAY-TO-DAY  BUSI-
NESS OR MANAGEMENT OF THE FIRM.
  §  8.  Subdivision  (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to

S. 7506--A                         54                         A. 9506--A

article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
EACH  PARTNER  OF  A  REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE  OF  BUSINESS
IS  IN  THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited  liabil-
ity partnership formed to provide professional engineering, land survey-
ing,  geological  services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of
such  professions  in  this  state. Each partner of a registered limited
liability partnership formed to provide licensed  clinical  social  work
services  in  this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner of a registered limited  liability  partnership  formed  to  provide
creative  arts  therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide  marriage  and family therapy services in this state
must be licensed pursuant to article 163 of the education law  to  prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered  limited  liability  partnership  formed  to provide mental health
counseling services in this state must be licensed pursuant  to  article
163  of  the  education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to  practice  psychoanalysis  in
this  state.  Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this  state  must
be licensed or certified pursuant to article 167 of the education law to
practice  applied  behavior  analysis in this state. A LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC  ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,  AND  VOTING
RIGHTS  HELD  BY  THE  FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS  OF
A  LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A  VALID  LICENSE  ISSUED  UNDER  SECTION  SEVENTY-FOUR
HUNDRED  FOUR  OF  THE  EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,
"FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
OF A BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE  NON-LICENSEE  OWNERS,
THE  FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER
THIS SECTION MAY  NOT  HAVE  NON-LICENSEE  OWNERS  IF  THE  FIRM'S  NAME
INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
OF A FIRM THAT IS FORMED UNDER THIS  SECTION  SHALL  BE  (1)  A  NATURAL

S. 7506--A                         55                         A. 9506--A

PERSON  WHO  ACTIVELY  PARTICIPATES  IN  THE BUSINESS OF THE FIRM OR ITS
AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO,  A
PARTNERSHIP  OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER
OF  AN  EQUITY  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS CONDUCTED BY THE  FIRM  OR  ITS  AFFILIATED
ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS
TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  §  9.  Subdivision  (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering, land surveying, geological services, architectural and/or land-
scape  architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148  of  the  education  law  to
practice  one  or  more of such professions.   EACH PARTNER OF A FOREIGN
REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND  WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE  PUBLIC  ACCOUNTANCY  IN
THIS  STATE.  Each  partner  of  a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the  education  law  to  practice
licensed  clinical  social work in this state. Each partner of a foreign
limited liability  partnership  which  provides  creative  arts  therapy
services  in  this state must be licensed pursuant to article 163 of the
education law to practice creative arts  therapy  in  this  state.  Each
partner  of  a  foreign  limited  liability  partnership  which provides
marriage and family therapy services in  this  state  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited  liabil-
ity partnership which provides mental health counseling services in this
state  must  be licensed pursuant to article 163 of the education law to
practice mental health counseling in  this  state.  Each  partner  of  a
foreign  limited  liability  partnership  which  provides psychoanalysis
services in this state must be licensed pursuant to article 163  of  the
education  law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied  behavior
analysis  services  in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior  analy-
sis  in  this state.   A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT-

S. 7506--A                         56                         A. 9506--A

ED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS  IS  IN  THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE,  HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
FOUR  OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,  THE  FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH  RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE FOREGOING, A  FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM
THAT IS FORMED UNDER THIS SECTION SHALL BE  (1)  A  NATURAL  PERSON  WHO
ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR  ITS  AFFILIATED  ENTITIES.    FOR
PURPOSES  OF  THIS  SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN  THE  DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  §  10.  Subdivision  (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
unless  the  context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners.  NOTWITHSTANDING  ANY
OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED  FOUR  OF
THE  EDUCATION  LAW  OR  ARE  PUBLIC  ACCOUNTANTS LICENSED UNDER SECTION
SEVENTY-FOUR HUNDRED FIVE OF  THE  EDUCATION  LAW.  ALTHOUGH  FIRMS  MAY
INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH
RULES PROMULGATED BY THE STATE BOARD OF REGENTS.    NOTWITHSTANDING  THE
FOREGOING,  A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN-
SEE OWNERS IF THE FIRM'S  NAME  INCLUDES  THE  WORDS  "CERTIFIED  PUBLIC
ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS," OR THE ABBREVIATIONS
"CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM  THAT  IS  REGISTERED
UNDER  THIS  SECTION  SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTIC-
IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN
ENTITY, INCLUDING, BUT NOT LIMITED TO,  A  PARTNERSHIP  OR  PROFESSIONAL
CORPORATION,  PROVIDED  EACH  BENEFICIAL  OWNER OF AN EQUITY INTEREST IN
SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN  THE  BUSI-
NESS  CONDUCTED  BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF
THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO  PROVIDE  SERVICES  TO
CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.

S. 7506--A                         57                         A. 9506--A

  § 11. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state.  With respect to a professional service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land surveying, architectural, landscape architectural and/or geological
services  as  such  services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited  liability
company  must  be  licensed  pursuant to article 145, article 147 and/or
article 148 of the education  law  to  practice  one  or  more  of  such
professions  in  this  state.    WITH  RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY  SERVICES
AS  SUCH  SERVICES  ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE  LICENSED  PURSUANT  TO  ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to  provide  licensed  clinical  social
work  services as such services are defined in article 154 of the educa-
tion law, each  member  of  such  limited  liability  company  shall  be
licensed  pursuant  to  article  154  of  the  education law to practice
licensed clinical social work in this state. With respect to  a  profes-
sional service limited liability company formed to provide creative arts
therapy  services  as  such  services  are defined in article 163 of the
education law, each member of such limited  liability  company  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional  service
limited  liability company formed to provide marriage and family therapy
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy  in  this  state. With respect to a professional service
limited liability company formed to  provide  mental  health  counseling
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to  provide  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice  psychoanalysis  in  this  state.  With
respect  to  a  professional service limited liability company formed to
provide applied behavior analysis services as such services are  defined

S. 7506--A                         58                         A. 9506--A

in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education  law  to  practice  applied behavior analysis in this state. A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE
IN  THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF
FINANCIAL  INTERESTS,  AND  VOTING  RIGHTS  HELD  BY  THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMIT-
ED  LIABILITY  COMPANY,  WHOSE  PRINCIPAL  PLACE  OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  SEVENTY-FOUR  HUNDRED
FOUR  OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,  THE  FIRM  AND
ITS  OWNERS  MUST  COMPLY  WITH  RULES PROMULGATED BY THE STATE BOARD OF
REGENTS.  NOTWITHSTANDING THE FOREGOING, A FIRM  REGISTERED  UNDER  THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A  FIRM
THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
  § 12. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.

S. 7506--A                         59                         A. 9506--A

With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a
foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape  architectural  services  as  such services are defined in article
145, article 147 and article 148 of the education law,  each  member  of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional  service  limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides creative arts  therapy  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this  state.  With  respect  to  a  foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163  of  the  education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  marriage  and  family  therapy  in  this  state. With respect to a
foreign professional service limited liability  company  which  provides
mental  health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such  foreign  professional
service  limited  liability company must be licensed pursuant to article
163 of the education law to practice mental health  counseling  in  this
state.  With respect to a foreign professional service limited liability
company which provides psychoanalysis  services  as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to  article  163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited  liability

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company  which  provides  applied  behavior  analysis  services  as such
services are defined in article 167 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  or  certified  pursuant to article 167 of the education law to
practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
TICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE  IS  RESPECTIVELY  DEFINED
UNDER  ARTICLE  149  OF  THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1)
THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINAN-
CIAL  INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO
INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME  STATE,  AND
(2)  THAT  ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS  STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,  "FINANCIAL  INTER-
EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI-
TAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI-
TY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM  AND  ITS
OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF  THE  FIRM'S  NAME  INCLUDES  THE  WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP  OR  PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN  SUCH  ENTITY  IS  A  NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
  § 13. Notwithstanding any other provision  of  law  to  the  contrary,
there  is hereby established a fee for each non-licensee owner of a firm
that is incorporating as a professional service  corporation  formed  to
lawfully engage in the practice of public accountancy. Such non-licensee
owner  shall  pay  a  fee  of three hundred dollars to the department of
education on an annual basis.
  § 14. This act shall take effect immediately.

                                 PART H

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  may  provide, for purposes of the neighborhood
preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
year ending March 31, 2021.  Notwithstanding any other provision of law,
and  subject to the approval of the New York state director of the budg-
et, the board of directors of the state  of  New  York  mortgage  agency
shall  authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total  sum  not
to  exceed  $12,830,000,  such  transfer to be made from (i) the special
account of the mortgage  insurance  fund  created  pursuant  to  section
2429-b  of  the  public  authorities law, in an amount not to exceed the
actual excess balance in the special account of the  mortgage  insurance

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fund,  as  determined  and  certified  by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the  state  of  New York mortgage agency) required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2020.
  §  2.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes  of  the  rural  preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31,  2021.    Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the housing trust fund  corporation,  for  the  purposes  of
reimbursing   any  costs  associated  with  rural  preservation  program
contracts authorized  by  this  section,  a  total  sum  not  to  exceed
$5,360,000, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the  special  account  of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the  fiscal  year
2019-2020  in  accordance  with section 2429-b of the public authorities
law, if any, and/or (ii) provided that the reserves in the project  pool
insurance  account  of  the  mortgage insurance fund created pursuant to
section 2429-b of the public authorities law are  sufficient  to  attain
and  maintain  the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes  of  such  account,
the  project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later  than  June  30,
2020.
  §  3.  Notwithstanding  any  other provision of law, the housing trust
fund corporation may provide, for purposes of the rural  rental  assist-
ance  program  pursuant  to  article 17-A of the private housing finance
law, a sum not to exceed $21,000,000 for the fiscal  year  ending  March
31,  2021.    Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board  of
directors  of  the state of New York mortgage agency shall authorize the
transfer to the housing trust fund  corporation,  for  the  purposes  of
reimbursing  any  costs  associated with rural rental assistance program
contracts authorized  by  this  section,  a  total  sum  not  to  exceed
$21,000,000,  such  transfer  to be made from (i) the special account of
the mortgage insurance fund created pursuant to section  2429-b  of  the
public  authorities  law,  in  an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York  mortgage  agency  for  the
fiscal  year  2019-2020  in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves  in  the
project  pool  insurance  account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are  sufficient
to  attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the  purposes  of  such
account,  the  project  pool insurance account of the mortgage insurance

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fund, such transfer shall be made as soon as practicable  but  no  later
than June 30, 2020.
  §  4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes  of  the  New  York
state  supportive  housing  program,  the  solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the  requirements
of  such  programs,  a sum not to exceed $42,641,000 for the fiscal year
ending March 31, 2021. The homeless housing and  assistance  corporation
may  enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law,  and  subject
to  the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage  agency  shall  authorize
the transfer to the homeless housing and assistance corporation, a total
sum  not  to  exceed  $42,641,000, such transfer to be made from (i) the
special account of the  mortgage  insurance  fund  created  pursuant  to
section 2429-b of the public authorities law, in an amount not to exceed
the  actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with  section  2429-b
of  the  public  authorities  law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are sufficient to attain and maintain the credit rating as determined by
the  state  of  New  York  mortgage  agency,  required to accomplish the
purposes of such account, the project  pool  insurance  account  of  the
mortgage  insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2021.
  § 5. This act shall take effect immediately.

                                 PART I

  Section 1. Subdivision c of section 8 of section 4 of chapter  576  of
the  laws  of  1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by section 16 of part K of chapter  36
of the laws of 2019, is amended to read as follows:
  c.  Whenever  a  city  having  a population of one million or more has
determined the existence of an emergency pursuant to  section  three  of
this act, the provisions of this act and the New York city rent stabili-
zation  law  of nineteen hundred sixty-nine shall be administered by the
state [division of housing and community renewal] as provided in the New
York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
amended,  or  as  otherwise  provided  by law. The costs incurred by the
state [division of housing and community renewal] in administering  such
regulation  shall  be  paid by such city. All payments for such adminis-
tration shall be transmitted to  the  state  [division  of  housing  and
community  renewal]  as  follows:  on  or after April first of each year
commencing with April, nineteen hundred eighty-four, the commissioner of
housing and community renewal, IN CONSULTATION WITH THE DIRECTOR OF  THE
BUDGET,  shall  determine an amount necessary to defray the [division's]
STATE'S anticipated annual cost, and one-quarter of such amount shall be
paid by such city on or before July first of such year,  one-quarter  of
such amount on or before October first of such year, one-quarter of such
amount  on or before January first of the following year and one-quarter
of such amount on or before March thirty-first of  the  following  year.

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After  the  close  of the fiscal year of the state, the commissioner, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, shall determine the amount
of all actual costs incurred in such fiscal year and shall certify  such
amount  to  such  city.  If  such certified amount shall differ from the
amount paid by the city for such fiscal  year,  appropriate  adjustments
shall  be made in the next quarterly payment to be made by such city. In
the event that the amount thereof is not paid to  the  commissioner,  IN
CONSULTATION  WITH THE DIRECTOR OF THE BUDGET, as herein prescribed, the
commissioner, IN CONSULTATION WITH THE DIRECTOR  OF  THE  BUDGET,  shall
certify the unpaid amount to the comptroller, and the comptroller shall,
to the extent not otherwise prohibited by law, withhold such amount from
any state aid payable to such city. In no event shall the amount imposed
on the owners exceed twenty dollars per unit per year.
  §  2. Subdivisions d and e of section 8 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant  protection  act  of
nineteen  seventy-four, subdivision d as amended by section 16 of part K
of chapter 36 of the laws of  2019  and  subdivision  e  as  amended  by
section  1  of  part O of chapter 57 of the laws of 2009, are amended to
read as follows:
  d.  NOTWITHSTANDING  SUBDIVISION  C  OF  THIS  SECTION  OR  ANY  OTHER
PROVISION  OF  LAW  TO THE CONTRARY, WHENEVER THE STATE HAS INCURRED ANY
COSTS AS A RESULT OF ADMINISTERING THE RENT  REGULATION  PROGRAM  FOR  A
CITY  HAVING  A  POPULATION  OF  ONE  MILLION OR MORE IN ACCORDANCE WITH
SUBDIVISION C OF THIS SECTION, THE DIRECTOR OF THE BUDGET MAY DIRECT ANY
OTHER STATE AGENCY TO PERMANENTLY REDUCE THE AMOUNT OF ANY OTHER PAYMENT
OR PAYMENTS OWED TO SUCH CITY OR ANY DEPARTMENT, AGENCY,  OR  INSTRUMEN-
TALITY  THEREOF;  PROVIDED  HOWEVER,  THAT SUCH REDUCTION SHALL BE IN AN
AMOUNT EQUAL TO THE COSTS INCURRED BY THE  STATE  IN  ADMINISTERING  THE
RENT  REGULATION  PROGRAM FOR SUCH CITY IN ACCORDANCE WITH SUBDIVISION C
OF THIS SECTION. IF THE DIRECTOR OF THE BUDGET MAKES SUCH  DIRECTION  IN
ACCORDANCE  WITH  THIS SUBDIVISION, THE IMPACTED CITY SHALL NOT MAKE THE
PAYMENTS REQUIRED BY SUBDIVISION C OF THIS SECTION, AND THE DIVISION  OF
HOUSING  AND COMMUNITY RENEWAL SHALL NOTIFY SUCH CITY IN WRITING OF WHAT
PAYMENT OR PAYMENTS WILL BE REDUCED AND THE AMOUNT OF THE REDUCTION  AND
SHALL  SUBALLOCATE,  AS NECESSARY, THE VALUE OF THE COSTS IT INCURRED TO
THE AGENCY OR AGENCIES WHICH REDUCES THE PAYMENTS TO SUCH  CITY  OR  ANY
DEPARTMENT, AGENCY OR AUTHORITY THEREOF IN ACCORDANCE WITH THIS SUBDIVI-
SION.
  E.  The  failure to pay the prescribed assessment not to exceed twenty
dollars per unit for any housing accommodation subject to  this  act  or
the  New York city rent stabilization law of nineteen hundred sixty-nine
shall constitute a charge due and owing such city, town or village which
has imposed an annual charge for each such housing accommodation  pursu-
ant  to  subdivision  b  of this section. Any such city, town or village
shall be authorized to provide for the enforcement of the collection  of
such  charges  by commencing an action or proceeding for the recovery of
such fees or by the filing of a lien upon the  building  and  lot.  Such
methods  for  the enforcement of the collection of such charges shall be
the sole remedy for the enforcement of this section.
  [e.] F. The division shall maintain at least one office in each county
which is governed by the rent  stabilization  law  of  nineteen  hundred
sixty-nine  or  this act; provided, however, that the division shall not
be required to maintain an office in the counties of  Nassau,  Rockland,
or Richmond.
  § 3. This act shall take effect immediately.

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                                 PART J

  Section  1.  The labor law is amended by adding a new section 196-b to
read as follows:
  § 196-B. SICK LEAVE REQUIREMENTS. 1. EVERY EMPLOYER SHALL PROVIDE  ITS
EMPLOYEES WITH SICK LEAVE AS FOLLOWS:
  A. FOR EMPLOYERS WITH FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR ALL
EMPLOYEES SHALL BE PROVIDED WITH AT LEAST FIVE DAYS OF UNPAID SICK LEAVE
EACH CALENDAR YEAR.
  B.  FOR  EMPLOYERS  WITH BETWEEN FIVE AND NINETY-NINE EMPLOYEES IN ANY
CALENDAR YEAR, ALL EMPLOYEES SHALL BE PROVIDED WITH AT LEAST  FIVE  DAYS
OF PAID SICK LEAVE EACH CALENDAR YEAR.
  C.  FOR  EMPLOYERS  WITH ONE HUNDRED OR MORE EMPLOYEES IN ANY CALENDAR
YEAR, ALL EMPLOYEES SHALL BE PROVIDED WITH AT LEAST SEVEN DAYS  OF  PAID
SICK LEAVE EACH CALENDAR YEAR.
  2.  THE  COMMISSIONER  SHALL  HAVE  AUTHORITY TO ADOPT REGULATIONS AND
ISSUE GUIDANCE TO EFFECTUATE ANY OF  THE  PROVISIONS  OF  THIS  SECTION.
EMPLOYERS  SHALL COMPLY WITH REGULATIONS AND GUIDANCE PROMULGATED BY THE
COMMISSIONER FOR THIS PURPOSE WHICH MAY INCLUDE BUT ARE NOT  LIMITED  TO
STANDARDS  FOR  THE  ACCRUAL,  USE, PAYMENT, AND EMPLOYEE ELIGIBILITY OF
SICK LEAVE.
  3. EMPLOYEES SHALL ACCRUE SICK LEAVE AT A RATE OF NOT  LESS  THAN  ONE
HOUR  PER  EVERY  THIRTY  HOURS WORKED, BEGINNING AT THE COMMENCEMENT OF
EMPLOYMENT OR THE EFFECTIVE DATE OF THIS SECTION,  WHICHEVER  IS  LATER,
SUBJECT TO THE USE AND ACCRUAL LIMITATIONS SET FORTH IN THIS SECTION.
  4.  EMPLOYEE  USE  OF LEAVE. A. UPON THE ORAL OR WRITTEN REQUEST OF AN
EMPLOYEE, AN  EMPLOYER  SHALL  PROVIDE  SICK  LEAVE  FOR  THE  FOLLOWING
PURPOSES:
  I.  DIAGNOSIS,  CARE, OR TREATMENT OF AN EXISTING HEALTH CONDITION OF,
OR PREVENTIVE CARE FOR AN EMPLOYEE OR AN EMPLOYEE'S FAMILY MEMBER, OR  A
WARD FOR WHICH THE EMPLOYEE IS THE GUARDIAN; OR
  II.  FOR AN EMPLOYEE OR AN EMPLOYEE'S FAMILY MEMBER WHO IS A VICTIM OF
DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION  THIRTY-FOUR  OF  SECTION  TWO
HUNDRED  NINETY-TWO OF THE EXECUTIVE LAW, A SEXUAL OFFENSE, STALKING, OR
HUMAN TRAFFICKING, TO AVAIL THEMSELVES OF SERVICES OR ASSISTANCE.
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A CITY WITH A
POPULATION OF ONE MILLION OR MORE FROM ENACTING OR ENFORCING LOCAL  LAWS
OR  ORDINANCES  WHICH  IMPOSE STANDARDS OR REQUIREMENTS RELATING TO SICK
LEAVE THAT ARE MORE PROTECTIVE  TO  EMPLOYEES  THAN  THE  ACCRUAL,  USE,
PAYMENT, AND EMPLOYEE ELIGIBILITY REQUIREMENTS SET FORTH IN THIS SECTION
OR IN ANY RULE OR REGULATION PROMULGATED HEREUNDER.
  6. THE PROVISIONS OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER SHALL
BE  APPLICABLE  TO  THE BENEFITS AFFORDED UNDER THIS SECTION, INCLUDING,
BUT NOT LIMITED TO, REQUESTING SICK LEAVE AND USING SICK LEAVE.
  7. AN EMPLOYER IS NOT REQUIRED TO PROVIDE ADDITIONAL SICK LEAVE PURSU-
ANT TO THIS SECTION IF THE EMPLOYER HAS A PAID LEAVE POLICY OR PAID TIME
OFF POLICY, THE EMPLOYER MAKES AVAILABLE AN AMOUNT OF  LEAVE  APPLICABLE
TO  EMPLOYEES  THAT MAY BE USED FOR THE SAME PURPOSES AND UNDER THE SAME
CONDITIONS AS SPECIFIED IN THIS SECTION, AND THE POLICY SATISFIES ONE OF
THE FOLLOWING:
  I. THE ACCRUAL, CARRYOVER, AND USE REQUIREMENTS  OF  THIS  SECTION  OR
REGULATIONS PROMULGATED THEREUNDER;
  II.  PROVIDED PAID SICK LEAVE OR PAID TIME OFF TO A CLASS OF EMPLOYEES
BEFORE JANUARY FIRST, TWO THOUSAND TWENTY, PURSUANT TO A PAID SICK LEAVE
POLICY OR PAID TIME OFF POLICY THAT USED  AN  ACCRUAL  METHOD  DIFFERENT
THAN  THAT  SET  FORTH IN PARAGRAPH A OF THIS SUBDIVISION, PROVIDED THAT

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THE ACCRUAL IS ON A REGULAR BASIS SO  THAT  AN  EMPLOYEE,  INCLUDING  AN
EMPLOYEE  HIRED INTO THAT CLASS AFTER JANUARY FIRST TWO THOUSAND TWENTY,
HAS NOT LESS THAN ONE DAY OF ACCRUED SICK LEAVE OR PAID TIME OFF  WITHIN
TWO  MONTHS  OF  EMPLOYMENT  OF EACH CALENDAR YEAR, OR EACH TWELVE MONTH
PERIOD, AND THE EMPLOYEE WAS ELIGIBLE TO EARN AT  LEAST  THE  APPLICABLE
NUMBER  OF  DAYS  SET  FORTH  IN  THIS SUBDIVISION WITHIN NINE MONTHS OF
EMPLOYMENT. IF AN EMPLOYER MODIFIES THE ACCRUAL METHOD USED IN THE POLI-
CY IT HAD IN PLACE PRIOR TO JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  THE
EMPLOYER SHALL COMPLY WITH ANY ACCRUAL METHOD SET FORTH IN THIS SUBDIVI-
SION  OR  PROVIDE THE FULL AMOUNT OF LEAVE AT THE BEGINNING OF EACH YEAR
OF EMPLOYMENT, CALENDAR YEAR, OR TWELVE MONTH PERIOD. THIS SECTION  DOES
NOT PROHIBIT THE EMPLOYER FROM INCREASING THE ACCRUAL AMOUNT OR RATE FOR
A CLASS OF EMPLOYEES COVERED BY THIS SUBDIVISION; OR
  III.  IS  PURSUANT  TO  A  COLLECTIVE  BARGAINING  AGREEMENT  THAT (A)
EXPRESSLY WAIVES THE RIGHTS AFFORDED UNDER THIS  SECTION  AND  (B)  SUCH
AGREEMENT PROVIDES FOR A COMPARABLE BENEFIT FOR THE EMPLOYEES COVERED BY
SUCH AGREEMENT IN THE FORM OF PAID DAYS OFF; SUCH PAID DAYS OFF SHALL BE
IN  THE  FORM  OF  LEAVE, COMPENSATION, OTHER EMPLOYEE BENEFITS, OR SOME
COMBINATION THEREOF. COMPARABLE BENEFITS  SHALL  INCLUDE,  BUT  ARE  NOT
LIMITED  TO,  VACATION  TIME, PERSONAL TIME, SAFE/SICK TIME, AND HOLIDAY
AND SUNDAY TIME PAY AT PREMIUM RATES. NOTWITHSTANDING THE FOREGOING, THE
PROVISIONS OF THIS CHAPTER SHALL  NOT  APPLY  TO  ANY  EMPLOYEE  IN  THE
CONSTRUCTION  OR GROCERY INDUSTRY COVERED BY A VALID COLLECTIVE BARGAIN-
ING AGREEMENT IF SUCH PROVISIONS ARE EXPRESSLY WAIVED IN SUCH COLLECTIVE
BARGAINING AGREEMENT.
  8. ANY PAID SICK LEAVE BENEFITS  PROVIDED  BY  A  SICK  LEAVE  PROGRAM
ENFORCED  BY  A MUNICIPAL CORPORATION IN EFFECT AS OF THE EFFECTIVE DATE
OF THIS CHAPTER THAT PROVIDES SICK LEAVE FOR DOMESTIC WORKERS SHALL  NOT
BE DIMINISHED OR LIMITED AS A RESULT OF THE ENACTMENT OF THIS CHAPTER.
  §  2. This act shall take effect one year after it shall have become a
law.

                                 PART K

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
section  131-o  of  the  social services law, as amended by section 1 of
part L of chapter 56 of the  laws  of  2019,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$148.00] $150.00 for each month beginning on or after
January first, two thousand [nineteen] TWENTY.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$171.00] $174.00 for each month beginning on
or after January first, two thousand [nineteen] TWENTY.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$204.00] $207.00 for each month
beginning on or after January first, two thousand [nineteen] TWENTY.
  (d) for the period commencing January  first,  two  thousand  [twenty]
TWENTY-ONE,  the  monthly  personal  needs  allowance shall be an amount
equal to the sum of the amounts set forth in subparagraphs one  and  two
of this paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two

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thousand [twenty] TWENTY-ONE, but prior to June thirtieth, two  thousand
[twenty] TWENTY-ONE, rounded to the nearest whole dollar.
  §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
L of chapter 56 of the laws of 2019, are amended to read as follows:
  (a) On and after January first, two thousand [nineteen] TWENTY, for an
eligible individual living alone, [$858.00] $870.00; and for an eligible
couple living alone, [$1,261.00] $1,279.00.
  (b) On and after January first, two thousand [nineteen] TWENTY, for an
eligible  individual  living with others with or without in-kind income,
[$794.00] $806.00; and for an eligible couple living with others with or
without in-kind income, [$1,203.00] $1,221.00.
  (c) On and after January first, two thousand  [nineteen]  TWENTY,  (i)
for  an eligible individual receiving family care, [$1,037.48] $1,049.48
if he or she is receiving such care in the city of New York or the coun-
ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or  the  county  of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual  receiving  such  care  in  any other county in the state, [$999.48]
$1,011.48; and (iv) for an eligible couple receiving such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d) On and after January first, two thousand  [nineteen]  TWENTY,  (i)
for  an  eligible  individual  receiving  residential  care, [$1,206.00]
$1,218.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1,176.00] $1,188.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  On  and  after January first, two thousand [nineteen] TWENTY, (i)
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1,465.00]  $1,477.00;  and  (ii)  for  an  eligible  couple  receiving
enhanced residential care, two times the amount set  forth  in  subpara-
graph (i) of this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [twenty] TWENTY-ONE
but prior to June thirtieth, two thousand [twenty] TWENTY-ONE.
  § 3. This act shall take effect December 31, 2020.

                                 PART L

  Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
                               ARTICLE 5-C
      JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
            REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
PART 1. GENERAL PROVISIONS (581-101 - 581-102)
     2. JUDGMENT OF PARENTAGE (581-201 - 581-206)
     3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)

S. 7506--A                         67                         A. 9506--A

     4. SURROGACY AGREEMENT (581-401 - 581-409)
     5. PAYMENT  TO  DONORS  AND PERSONS ACTING AS SURROGATES (581-501 -
          581-502)
     6. SURROGATES' BILL OF RIGHTS (581-601 - 581-607)
     7. MISCELLANEOUS PROVISIONS (581-701 - 581-704)

                                 PART 1
                           GENERAL PROVISIONS
SECTION 581-101. PURPOSE.
        581-102. DEFINITIONS.
  § 581-101. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO  LEGALLY  ESTAB-
LISH  A  CHILD'S  RELATIONSHIP  TO HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN  BORN  TO  A
PERSON  ACTING  AS SURROGATE WHO CONTRIBUTED THE EGG USED IN CONCEPTION.
NO FERTILIZED EGG, EMBRYO OR FETUS SHALL  HAVE  ANY  INDEPENDENT  RIGHTS
UNDER  THE  LAWS  OF THIS STATE, NOR SHALL ANY FERTILIZED EGG, EMBRYO OR
FETUS BE VIEWED AS A CHILD UNDER THE LAWS OF THIS STATE.
  § 581-102. DEFINITIONS.  (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
CAUSING PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS  NOT
LIMITED TO:
  1. INTRAUTERINE OR VAGINAL INSEMINATION;
  2. DONATION OF GAMETES;
  3. DONATION OF EMBRYOS;
  4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
  5. INTRACYTOPLASMIC SPERM INJECTION.
  (B)  "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
DETERMINED UNDER THIS ACT OR OTHER LAW.
  (C) "COMPENSATION" MEANS PAYMENT  OF  ANY  VALUABLE  CONSIDERATION  IN
EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
  (D) "DONOR" MEANS AN INDIVIDUAL WHO DOES NOT INTEND TO BE A PARENT WHO
PRODUCES  GAMETES  AND  PROVIDES  THEM TO ANOTHER PERSON, OTHER THAN THE
INDIVIDUAL'S SPOUSE, FOR USE IN ASSISTED REPRODUCTION.   THE  TERM  DOES
NOT  INCLUDE  A PERSON WHO IS A PARENT UNDER PART THREE OF THIS ARTICLE.
DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL  CONTROL  OF  AN
EMBRYO  OR GAMETES WHO THEN TRANSFERS DISPOSITIONAL CONTROL AND RELEASES
ALL PRESENT AND FUTURE PARENTAL AND INHERITANCE RIGHTS  AND  OBLIGATIONS
TO A RESULTING CHILD.
  (E)  "EMBRYO"  MEANS  A  CELL  OR  GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP  OF  SUCH  CELLS,  NOT  A  GAMETE  OR
GAMETES,  THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY OF  A  PERSON  UNDER  CONDITIONS  IN  WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
  (F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE  NECESSARY  TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
  (G) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA  THAT
HAS  THE  POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS SHALL BE CONSIDERED  GAMETES.  A  HUMAN  GAMETE  USED  OR
INTENDED  FOR  REPRODUCTION  MAY  NOT  CONTAIN NUCLEAR DNA THAT HAS BEEN
DELIBERATELY ALTERED, OR NUCLEAR DNA FROM ONE HUMAN  COMBINED  WITH  THE
CYTOPLASM OR CYTOPLASMIC DNA OF ANOTHER HUMAN BEING.
  (H) "INDEPENDENT ESCROW AGENT" MEANS SOMEONE OTHER THAN THE PARTIES TO
A  SURROGACY  AGREEMENT AND THEIR ATTORNEYS. AN INDEPENDENT ESCROW AGENT
CAN, BUT NEED NOT, BE  A  SURROGACY  PROGRAM,  PROVIDED  SUCH  SURROGACY
PROGRAM  IS  OWNED OR MANAGED BY AN ATTORNEY LICENSED TO PRACTICE LAW IN

S. 7506--A                         68                         A. 9506--A

THE STATE OF NEW YORK. IF SUCH INDEPENDENT ESCROW AGENT IS NOT  ATTORNEY
OWNED, IT SHALL BE LICENSED, BONDED AND INSURED.
  (I) "SURROGACY  AGREEMENT"  IS  AN  AGREEMENT  BETWEEN  AT  LEAST  ONE
INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
LIVE  BIRTH  WHERE  THE  CHILD  WILL  BE THE LEGAL CHILD OF THE INTENDED
PARENTS.
  (J)  "PERSON  ACTING  AS  SURROGATE"  MEANS  AN  ADULT  PERSON, NOT AN
INTENDED PARENT, WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR  A  CHILD
WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD.
  (K)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A SIMILAR LAW OF ANOTHER
STATE OR COUNTRY, ACTING WITHIN HIS OR HER SCOPE OF PRACTICE.
  (L) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO  BE
LEGALLY  BOUND  AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
UCTION OR A SURROGACY AGREEMENT PROVIDED HE OR SHE  MEETS  THE  REQUIRE-
MENTS OF THIS ARTICLE.
  (M)  "IN  VITRO  FERTILIZATION"  MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
  (N) "PARENT" AS USED IN  THIS  ARTICLE  MEANS  AN  INDIVIDUAL  WITH  A
PARENT-CHILD  RELATIONSHIP CREATED OR RECOGNIZED UNDER THIS ACT OR OTHER
LAW.
  (O) "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE  THAT
IS  USED  IN  ASSISTED  REPRODUCTION, IS AN INTENDED PARENT, IS A PERSON
ACTING AS SURROGATE, OR IS THE SPOUSE OF AN INTENDED  PARENT  OR  PERSON
ACTING AS SURROGATE.
  (P)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
  (Q) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
PROVIDER.
  (R)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
SHIP.
  (S) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  (T) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR  GAMETES  INTO  THE
BODY OF A PERSON WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.

                                 PART 2
                          JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
        581-202. PROCEEDING   FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD
                   CONCEIVED THROUGH ASSISTED REPRODUCTION.
        581-203.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD
                   CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
        581-204. JUDGMENT  OF  PARENTAGE  FOR  INTENDED  PARENTS WHO ARE
                   SPOUSES.
        581-205. INSPECTION OF RECORDS.
        581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION.
  § 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD  UNDER  THE  CIRCUMSTANCES

S. 7506--A                         69                         A. 9506--A

SET  FORTH  IN  THIS  ARTICLE.  THIS PROCEEDING IS GOVERNED BY THE CIVIL
PRACTICE LAW AND RULES.
  (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
  (C)  A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION MAY BE INITIATED BY (1) A CHILD,
OR (2) A PARENT, OR (3) A PARTICIPANT, OR (4) A PERSON WITH A  CLAIM  TO
PARENTAGE,  OR (5) SOCIAL SERVICES OFFICIAL OR OTHER GOVERNMENTAL AGENCY
AUTHORIZED BY OTHER LAW, OR (6) A REPRESENTATIVE AUTHORIZED  BY  LAW  TO
ACT  FOR  AN  INDIVIDUAL  WHO  WOULD OTHERWISE BE ENTITLED TO MAINTAIN A
PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN  ORDER  TO
LEGALLY  ESTABLISH  THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD BORN
THROUGH ASSISTED REPRODUCTION UNDER PART THREE  OF  THIS  ARTICLE  OR  A
CHILD  BORN  PURSUANT  TO  A SURROGACY AGREEMENT UNDER PART FOUR OF THIS
ARTICLE.
  § 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  CONCEIVED
THROUGH  ASSISTED  REPRODUCTION.    (A)  A  PROCEEDING FOR A JUDGMENT OF
PARENTAGE WITH RESPECT TO A CHILD  CONCEIVED  THROUGH  ASSISTED  REPROD-
UCTION MAY BE COMMENCED:
  (1)  IF THE INTENDED PARENT OR CHILD RESIDES IN NEW YORK STATE, IN THE
COUNTY WHERE THE INTENDED PARENT RESIDES ANY  TIME  AFTER  PREGNANCY  IS
ACHIEVED OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
  (2)  IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK STATE,
UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY  WHERE  THE
CHILD WAS BORN.
  (B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED.
  (C) WHERE A PETITION INCLUDES THE FOLLOWING STATEMENTS, THE COURT MUST
ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE CHILD:
  (1)  A  STATEMENT  THAT  AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF AN INTENDED PARENT  IS  NOT  A  NEW
YORK  STATE  RESIDENT,  THAT  THE CHILD WILL BE OR WAS BORN IN THE STATE
WITHIN NINETY DAYS OF FILING; AND
  (2) A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE  GESTATING
INTENDED  PARENT  BECAME  PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
AND
  (3) IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A  STATE-
MENT  FROM  THE  GESTATING  INTENDED  PARENT  AND NON-GESTATING INTENDED
PARENT THAT THE NON-GESTATING  INTENDED  PARENT  CONSENTED  TO  ASSISTED
REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
  (4) PROOF OF ANY DONOR'S DONATIVE INTENT.
  (D)  THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
  (1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
PREVIOUSLY BEEN RELEASED TO A GAMETE OR EMBRYO STORAGE  FACILITY  OR  IN
THE PRESENCE OF A HEALTH CARE PRACTITIONER, EITHER:
  (I)  A  STATEMENT  OR  DOCUMENTATION FROM THE GAMETE OR EMBRYO STORAGE
FACILITY OR HEALTH CARE PRACTITIONER STATING OR DEMONSTRATING THAT  SUCH
GAMETES  OR  EMBRYOS  WERE  ANONYMOUSLY  DONATED  OR HAD PREVIOUSLY BEEN
RELEASED; OR
  (II) CLEAR AND CONVINCING EVIDENCE THAT THE  GAMETE  OR  EMBRYO  DONOR
INTENDED TO DONATE GAMETES OR EMBRYOS ANONYMOUSLY OR INTENDED TO RELEASE
SUCH GAMETES OR EMBRYOS TO A GAMETE OR EMBRYO STORAGE FACILITY OR HEALTH
CARE PRACTITIONER; OR
  (2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A.  A RECORD
FROM  THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
ING THAT THE DONOR HAS  NO  PARENTAL  OR  PROPRIETARY  INTEREST  IN  THE

S. 7506--A                         70                         A. 9506--A

GAMETES  OR  EMBRYOS.    THE  RECORD  SHALL  BE  SIGNED BY THE GESTATING
INTENDED PARENT AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY  BE,  BUT
IS NOT REQUIRED TO BE, SIGNED:
  (I) BEFORE A NOTARY PUBLIC, OR
  (II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
  (III) BEFORE A HEALTH CARE PRACTITIONER; OR
  B.  CLEAR  AND  CONVINCING  EVIDENCE  THAT  THE GAMETE OR EMBRYO DONOR
AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT  THAT  THE  DONOR
HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
  (E)(1)  IN  THE  ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR  AT  LEAST  TWENTY  DAYS
PRIOR  TO  THE DATE SET FOR THE PROCEEDING TO DETERMINE THE EXISTENCE OF
DONATIVE INTENT BY DELIVERY OF A COPY OF THE PETITION AND NOTICE. UPON A
SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE, ON OR BEFORE  THE  DATE
OF  THE  PROCEEDING  OR WITHIN SUCH FURTHER TIME AS THE COURT MAY ALLOW,
THAT PERSONAL SERVICE CANNOT BE  EFFECTED  AT  THE  DONOR'S  LAST  KNOWN
ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT PRIOR COURT
ORDER  THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEEDING BY REGIS-
TERED OR CERTIFIED MAIL DIRECTED TO  THE  DONOR'S  LAST  KNOWN  ADDRESS.
NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A DONOR ENTI-
TLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (2)  NOTWITHSTANDING  THE  ABOVE,  WHERE  SPERM  IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PRACTITIONER  TO  SOMEONE  OTHER  THAN  THE
SPERM  PROVIDER'S  INTIMATE  PARTNER  OR  SPOUSE WITHOUT A RECORD OF THE
SPERM PROVIDER'S INTENT TO PARENT NOTICE IS NOT REQUIRED.
  (F) IN CASES NOT COVERED BY SUBDIVISION (C) OF THIS SECTION, THE COURT
SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH  PART  THREE
OF THIS ARTICLE.
  (G)  WHERE THE REQUIREMENTS OF SUBDIVISION (C) OF THIS SECTION ARE MET
OR WHERE THE COURT FINDS THE INTENDED PARENT TO BE A PARENT UNDER SUBDI-
VISION (E) OF THIS SECTION, THE COURT SHALL ISSUE A JUDGMENT OF  PARENT-
AGE:
  (1)  DECLARING,  THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
OR PARENTS IS OR ARE THE LEGAL PARENT OR PARENTS OF THE CHILD; AND
  (2) ORDERING THE INTENDED PARENT OR PARENTS TO  ASSUME  RESPONSIBILITY
FOR  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
  (3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT  A  PARENT  OF
THE CHILD; AND
  (4) ORDERING THAT:
  (I)  PURSUANT  TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
THE CLERK OF THE COURT SHALL  TRANSMIT  TO  THE  STATE  COMMISSIONER  OF
HEALTH,  OR  FOR  A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE  COMMISSION-
ER,  A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
AS MAY ASSIST IN IDENTIFYING  THE  BIRTH  RECORD  OF  THE  PERSON  WHOSE
PARENTAGE  WAS  IN  ISSUE  AND,  IF SUCH PERSON WHOSE PARENTAGE HAS BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
FORTHWITH TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL  SERVICES
PURSUANT  TO  SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES
LAW A NOTIFICATION OF SUCH DETERMINATION; AND
  (II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE  PUBLIC
HEALTH  LAW  AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
OF A JUDGMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE  A  CHILD  IS  BORN
WILL  REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-

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ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND  THE  BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
OUSLY ISSUED BIRTH CERTIFICATE.
  §  581-203.  PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
PURSUANT TO A SURROGACY AGREEMENT.  (A) THE PROCEEDING MAY BE  COMMENCED
(1)  IN  ANY  COUNTY WHERE AN INTENDED PARENT RESIDED ANY TIME AFTER THE
SURROGACY AGREEMENT WAS EXECUTED; (2) IN THE COUNTY WHERE THE CHILD  WAS
BORN  OR  RESIDES;  OR (3) IN THE COUNTY WHERE THE SURROGATE RESIDED ANY
TIME AFTER THE SURROGACY AGREEMENT WAS EXECUTED.
  (B) THE PROCEEDING MAY BE COMMENCED AT ANY TIME  AFTER  THE  SURROGACY
AGREEMENT  HAS  BEEN EXECUTED AND THE PERSON ACTING AS SURROGATE AND ALL
INTENDED PARENTS ARE NECESSARY PARTIES.
  (C) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
INCLUDE THE FOLLOWING:
  (1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINE-
TY DAYS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
  (2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
OR  PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
  (3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT  THEY
KNOWINGLY  AND VOLUNTARILY ENTERED INTO THE SURROGACY AGREEMENT AND THAT
THE PARTIES ARE JOINTLY REQUESTING THE JUDGMENT OF PARENTAGE.
  (D) WHERE A PETITION SATISFIES SUBDIVISION (C)  OF  THIS  SECTION  THE
COURT   SHALL   ISSUE   A  JUDGMENT  OF  PARENTAGE,  WITHOUT  ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
  (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
OF  THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS ARE THE ONLY
LEGAL PARENT OR PARENTS OF THE CHILD;
  (2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
OF  THE  SURROGACY  AGREEMENT,  THE  PERSON ACTING AS SURROGATE, AND THE
SPOUSE OF THE PERSON ACTING AS SURROGATE,  IF  ANY,  IS  NOT  THE  LEGAL
PARENT OF THE CHILD;
  (3) DECLARING THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM OF
THE  SURROGACY AGREEMENT, THE DONORS, IF ANY, ARE NOT THE PARENTS OF THE
CHILD;
  (4) ORDERING THE PERSON ACTING AS SURROGATE  AND  THE  SPOUSE  OF  THE
PERSON  ACTING  AS  SURROGATE,  IF  ANY,  TO  TRANSFER  THE CHILD TO THE
INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED;
  (5) ORDERING THE INTENDED PARENT OR PARENTS TO  ASSUME  RESPONSIBILITY
FOR  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
  (6) ORDERING THAT:
  (I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE  JUDICIARY  LAW,
THE  CLERK  OF  THE  COURT  SHALL  TRANSMIT TO THE STATE COMMISSIONER OF
HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO  THE  COMMISSIONER  OF
HEALTH  OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER  FACTS
AS  MAY  ASSIST  IN  IDENTIFYING  THE  BIRTH  RECORD OF THE PERSON WHOSE
PARENTAGE WAS IN ISSUE AND, IF  THE  PERSON  WHOSE  PARENTAGE  HAS  BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
TO  THE  REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES PURSUANT
TO SECTION THREE HUNDRED SEVENTY-TWO-C OF  THE  SOCIAL  SERVICES  LAW  A
NOTIFICATION OF THE DETERMINATION; AND
  (II)  PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT  UPON  RECEIPT

S. 7506--A                         72                         A. 9506--A

OF  A  JUDGEMENT  OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT  OF
HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND  THE  BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
OUSLY ISSUED BIRTH CERTIFICATE.
  (E) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (C) OF THIS SECTION CANNOT BE MADE  BECAUSE  OF  A  TECHNICAL  OR
NON-MATERIAL  DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE COURT
MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF PARENTAGE
IF THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL COMPLIANCE  WITH
THE  REQUIREMENTS OF THIS ARTICLE.  IN THE EVENT THAT ANY OTHER REQUIRE-
MENTS OF SUBDIVISION (C) ARE NOT MET, THE COURT SHALL DETERMINE  PARENT-
AGE ACCORDING TO PART FOUR OF THIS ARTICLE.
  § 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING  OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
APPLY, A JUDGMENT OF PARENTAGE  MAY  BE  OBTAINED  UNDER  THIS  PART  BY
INTENDED  PARENTS  WHO ARE EACH OTHER'S SPOUSE.  NOTHING IN THIS SECTION
REQUIRES INTENDED PARENTS TO BE MARRIED TO EACH OTHER  IN  ORDER  TO  BE
JOINTLY DECLARED THE PARENTS OF THE CHILD.
  §   581-205.   INSPECTION   OF  RECORDS.  COURT  RECORDS  RELATING  TO
PROCEEDINGS UNDER THIS ARTICLE SHALL BE SEALED, PROVIDED, HOWEVER,  THAT
THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, A CHILD SUPPORT UNIT
OF A SOCIAL SERVICES DISTRICT OR A CHILD SUPPORT AGENCY OF ANOTHER STATE
PROVIDING CHILD SUPPORT SERVICES PURSUANT TO TITLE IV-D OF  THE  FEDERAL
SOCIAL  SECURITY  ACT,  TO THE EXTENT NECESSARY TO PROVIDE CHILD SUPPORT
SERVICES OR FOR THE ADMINISTRATION OF THE PROGRAM PURSUANT TO TITLE IV-D
OF THE FEDERAL SOCIAL SECURITY ACT, MAY OBTAIN A COPY OF A  JUDGMENT  OF
PARENTAGE.  THE  PARTIES  TO THE PROCEEDING AND THE CHILD SHALL HAVE THE
RIGHT  TO INSPECT  THE  ENTIRE COURT RECORD, INCLUDING,  BUT NOT  LIMIT-
ED TO, THE NAME OF THE PERSON ACTING AS SURROGATE AND ANY KNOWN DONORS.
  § 581-206. JURISDICTION, AND EXCLUSIVE  CONTINUING  JURISDICTION.  (A)
PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME OR
FAMILY COURT OR SURROGATES COURT.
  (B)  SUBJECT TO THE JURISDICTIONAL STANDARDS OF SECTION SEVENTY-SIX OF
THE DOMESTIC RELATIONS LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS
ARTICLE HAS EXCLUSIVE, CONTINUING JURISDICTION OF ALL  MATTERS  RELATING
TO THE DETERMINATION OF PARENTAGE UNTIL THE CHILD ATTAINS THE AGE OF ONE
HUNDRED EIGHTY DAYS.

                                 PART 3
                     CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
        581-302. STATUS OF DONOR.
        581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
        581-304. CONSENT TO ASSISTED REPRODUCTION.
        581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
                   ASSISTED REPRODUCTION.
        581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
                   PARENTS  WHICH  TRANSFERS  LEGAL  RIGHTS AND DISPOSI-
                   TIONAL CONTROL TO ONE INTENDED PARENT.
        581-307. EFFECT OF DEATH OF INTENDED PARENT.
  § 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.

S. 7506--A                         73                         A. 9506--A

  § 581-302. STATUS OF DONOR.   A DONOR IS  NOT  A  PARENT  OF  A  CHILD
CONCEIVED  BY  MEANS  OF  ASSISTED  REPRODUCTION WHERE THERE IS PROOF OF
DONATIVE INTENT UNDER SECTION 581-202(D) OF THIS ARTICLE.
  §  581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.  (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS  TO,  ASSISTED  REPROD-
UCTION  WITH  THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS PART,  IS  A
PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
  (B)  THE  COURT  SHALL  ISSUE A JUDGMENT OF PARENTAGE PURSUANT TO THIS
ARTICLE UPON APPLICATION BY ANY PARTICIPANT.
  § 581-304. CONSENT TO ASSISTED REPRODUCTION.  (A) WHERE  THE  INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
SPOUSE,  THE  CONSENT  OF  BOTH  SPOUSES TO THE ASSISTED REPRODUCTION IS
PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE  OF  THE  CHILD,
EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
  (B)  WHERE  THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
ASSISTED REPRODUCTION IS NOT A  SPOUSE,  THE  CONSENT  TO  THE  ASSISTED
REPRODUCTION  MUST  BE  IN  A RECORD IN SUCH A MANNER AS TO INDICATE THE
MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A  CHILD
TOGETHER.
  (C)  THE  ABSENCE  OF  A  RECORD  DESCRIBED IN SUBDIVISION (B) OF THIS
SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT  EXISTED  IF  THE
COURT  FINDS  BY  CLEAR  AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
THE CHILD TOGETHER.
  § 581-305. LIMITATION ON SPOUSES' DISPUTE OF  PARENTAGE  OF  CHILD  OF
ASSISTED  REPRODUCTION.    (A)  NEITHER SPOUSE MAY CHALLENGE THE MARITAL
PRESUMPTION OF PARENTAGE OF A CHILD  CREATED  BY  ASSISTED  REPRODUCTION
DURING THE MARRIAGE UNLESS ONE SPOUSE USED ASSISTED REPRODUCTION WITHOUT
THE KNOWLEDGE AND CONSENT OF THE OTHER SPOUSE.
  (B)  NOTWITHSTANDING  THE  FOREGOING,  A  MARRIED  INDIVIDUAL  MAY USE
ASSISTED REPRODUCTION AND THE MARITAL PRESUMPTION SHALL NOT APPLY IF THE
SPOUSES:
  (1) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT  OF
SEPARATION  OR  PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE  FORM  REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
  (2) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO THE USE OF ASSISTED REPRODUCTION.
  (C)  THE  LIMITATION  PROVIDED  IN  THIS  SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED  REPRODUCTION
OR ARTIFICIAL INSEMINATION.
  §  581-306.  EFFECT  OF  EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL  CONTROL  TO  ONE
INTENDED  PARENT.  (A)  AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WITH JOINT DISPOSITIONAL CONTROL OF AN EMBRYO SHALL  BE  BINDING
UNDER THE FOLLOWING CIRCUMSTANCES:
  (1) IT IS IN WRITING;
  (2)  EACH  INTENDED PARENT HAD THE ADVICE OF INDEPENDENT LEGAL COUNSEL
PRIOR TO ITS EXECUTION; AND
  (3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF  LEGAL  RIGHTS
AND DISPOSITIONAL CONTROL OCCURS ONLY UPON DIVORCE.
  (B)  THE  INTENDED PARENT WHO TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL
CONTROL OF THE EMBRYO IS NOT A PARENT OF ANY CHILD  CONCEIVED  FROM  THE
EMBRYO  UNLESS  THE  AGREEMENT  STATES  THAT  HE OR SHE CONSENTS TO BE A

S. 7506--A                         74                         A. 9506--A

PARENT AND THAT CONSENT IS NOT WITHDRAWN CONSISTENT WITH SUBDIVISION (C)
OF THIS SECTION.
  (C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL  CONSENTS  TO  BE  A  PARENT,  HE OR SHE MAY WITHDRAW HIS OR HER
CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
TY AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO.  IF
HE  OR  SHE  TIMELY  WITHDRAWS CONSENT TO BE A PARENT HE OR SHE IS NOT A
PARENT FOR ANY PURPOSE INCLUDING  SUPPORT  OBLIGATIONS  BUT  THE  EMBRYO
TRANSFER MAY STILL PROCEED.
  (D)  AN  EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT IS NOT
IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
BE ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS  OF
THE  PARTIES EXCEPT THAT THE INTENDED PARENT WHO DIVESTED HIM OR HERSELF
OF LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED  TO  BE  A
PARENT  FOR  ANY  PURPOSE WITHOUT HIS OR HER CONSENT. THE PARENT AWARDED
LEGAL RIGHTS AND DISPOSITIONAL CONTROL OF THE  EMBRYOS  SHALL,  IN  THIS
INSTANCE, BE DECLARED TO BE THE ONLY PARENT OF THE CHILD.
  §  581-307.  EFFECT OF DEATH OF INTENDED PARENT.  IF AN INDIVIDUAL WHO
CONSENTED IN A RECORD TO BE  A  PARENT  BY  ASSISTED  REPRODUCTION  DIES
BEFORE  THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED INDIVIDUAL
IS NOT A PARENT OF THE RESULTING CHILD UNLESS  THE  DECEASED  INDIVIDUAL
CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
AFTER  DEATH,  THE  DECEASED  INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES,  POWERS  AND  TRUSTS
LAW.
                                 PART 4
                           SURROGACY AGREEMENT
SECTION 581-401. SURROGACY AGREEMENT AUTHORIZED.
        581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.
        581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
        581-404. SURROGACY   AGREEMENT:  EFFECT  OF  SUBSEQUENT  SPOUSAL
                   RELATIONSHIP.
        581-405. TERMINATION OF SURROGACY AGREEMENT.
        581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
        581-407. INSUFFICIENT SURROGACY AGREEMENT.
        581-408. ABSENCE OF SURROGACY AGREEMENT.
        581-409. DISPUTE AS TO SURROGACY AGREEMENT.
  § 581-401. SURROGACY AGREEMENT AUTHORIZED.  (A) IF ELIGIBLE UNDER THIS
ARTICLE TO ENTER INTO A SURROGACY AGREEMENT, A PERSON ACTING  AS  SURRO-
GATE,  THE  SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, AND
THE INTENDED PARENT OR PARENTS MAY  ENTER  INTO  A  SURROGACY  AGREEMENT
WHICH  WILL  BE  ENFORCEABLE  PROVIDED THE SURROGACY AGREEMENT MEETS THE
REQUIREMENTS OF THIS ARTICLE.
  (B) A SURROGACY AGREEMENT SHALL NOT APPLY TO  THE  BIRTH  OF  A  CHILD
CONCEIVED  BY MEANS OF SEXUAL INTERCOURSE, OR WHERE THE PERSON ACTING AS
SURROGATE CONTRIBUTED THE EGG USED IN CONCEPTION.
  (C) A SURROGACY AGREEMENT MAY  PROVIDE  FOR  PAYMENT  OF  COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
  §  581-402.  ELIGIBILITY  TO ENTER SURROGACY AGREEMENT.   (A) A PERSON
ACTING AS SURROGATE SHALL BE  ELIGIBLE  TO  ENTER  INTO  AN  ENFORCEABLE
SURROGACY AGREEMENT UNDER THIS ARTICLE IF THE PERSON ACTING AS SURROGATE
HAS  MET  THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
IS EXECUTED:
  (1) THE PERSON ACTING AS SURROGATE IS AT  LEAST  TWENTY-ONE  YEARS  OF
AGE; AND

S. 7506--A                         75                         A. 9506--A

  (2)  THE  PERSON  ACTING  AS SURROGATE IS A UNITED STATES CITIZEN OR A
LAWFUL PERMANENT RESIDENT OR OTHER HABITUAL RESIDENT;
  (3)  THE  PERSON  ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO
CONCEIVE THE RESULTING CHILD; AND
  (4) THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL  EVALUATION
WITH  A  HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY;
AND
  (5) THE PERSON ACTING AS SURROGATE,  AND  THE  SPOUSE  OF  THE  PERSON
ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL  PROCESS  AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHO  IS  LICENSED  TO
PRACTICE  LAW  IN  THE  STATE OF NEW YORK WHICH SHALL BE PAID FOR BY THE
INTENDED PARENT OR PARENTS EXCEPT THAT A PERSON ACTING AS SURROGATE  WHO
IS  RECEIVING  NO  COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
PARENT OR PARENTS PAY THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED
PARENT OR PARENTS ARE PAYING FOR THE INDEPENDENT LEGAL  COUNSEL  OF  THE
PERSON  ACTING  AS  SURROGATE,  AND  THE  SPOUSE OF THE PERSON ACTING AS
SURROGATE,  IF  APPLICABLE,  A  SEPARATE  RETAINER  AGREEMENT  SHALL  BE
PREPARED CLEARLY STATING THAT SUCH LEGAL COUNSEL WILL ONLY REPRESENT THE
PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
GATE,  IF  APPLICABLE, IN ALL MATTERS PERTAINING TO THE SURROGACY AGREE-
MENT, THAT SUCH LEGAL COUNSEL WILL NOT OFFER LEGAL ADVICE TO  ANY  OTHER
PARTIES  TO  THE  SURROGACY  AGREEMENT,  AND  THAT  THE  ATTORNEY-CLIENT
RELATIONSHIP LIES WITH THE PERSON ACTING AS SURROGATE AND THE SPOUSE  OF
THE PERSON ACTING AS SURROGATE, IF APPLICABLE; AND
  (6)  THE  PERSON  ACTING  AS SURROGATE HAS, OR THE SURROGACY AGREEMENT
STIPULATES THAT PRIOR TO THE  EMBRYO  TRANSFER,  THE  PERSON  ACTING  AS
SURROGATE  WILL  OBTAIN  A  COMPREHENSIVE  HEALTH  INSURANCE POLICY THAT
COVERS MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION AS WELL AS A  SURRO-
GATE  PREGNANCY;  THE  POLICY  SHALL  BE  PAID  FOR, WHETHER DIRECTLY OR
THROUGH REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT OR  PARENTS
ON  BEHALF  OF  THE PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY
AGREEMENT, IF SUCH POLICY COMES AT AN  ADDITIONAL  COST  TO  THE  PERSON
ACTING  AS  A SURROGATE, EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS
RECEIVING NO COMPENSATION MAY WAIVE  THE  RIGHT  TO  HAVE  THE  INTENDED
PARENT  OR  PARENTS  PAY  FOR THE HEALTH INSURANCE POLICY.  THE INTENDED
PARENT OR PARENTS SHALL ALSO PAY FOR OR REIMBURSE THE PERSON  ACTING  AS
SURROGATE  FOR  ALL CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET
MEDICAL COSTS ASSOCIATED  WITH  THE  MEDICAL  EVALUATION,  PSYCHOLOGICAL
SCREENING,  EMBRYO TRANSFERS, PREGNANCY AND POST-NATAL CARE, THAT ACCRUE
THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF  THE
PREGNANCY,  EXCEPT  THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR UP TO
SIX MONTHS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE  PREGNANCY
IN  THE  EVENT  A MEDICAL COMPLICATION RELATED TO THE PREGNANCY IS DIAG-
NOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF
THE PREGNANCY. A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO  COMPEN-
SATION  MAY  WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS MAKE
SUCH PAYMENTS OR REIMBURSEMENTS.
  (B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO  AN
ENFORCEABLE  SURROGACY  AGREEMENT  UNDER THIS ARTICLE IF HE, SHE OR THEY
HAVE MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY  AGREEMENT
WAS EXECUTED:
  (1)  AT  LEAST  ONE  INTENDED  PARENT  IS A UNITED STATES CITIZEN OR A
LAWFUL PERMANENT RESIDENT OR OTHER HABITUAL AND RESIDENT;
  (2) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND  ITS  EXECUTION

S. 7506--A                         76                         A. 9506--A

BY  INDEPENDENT  LEGAL  COUNSEL OF HIS, HER OR THEIR OWN CHOOSING WHO IS
LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK; AND
  (3) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR  ADULT  SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER SPOUSE IF:
  (I) THEY ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE  OR  JUDG-
MENT  OF  SEPARATION  OR  PURSUANT  TO A WRITTEN AGREEMENT OF SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
  (II) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT.
  (C) WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY  TO
THE  AGREEMENT,  THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL NOT HAVE
RIGHTS OR OBLIGATIONS TO THE CHILD.
  § 581-403. REQUIREMENTS OF SURROGACY AGREEMENT. A SURROGACY  AGREEMENT
SHALL  BE  DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS ARTICLE AND
BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
  (A) IT SHALL BE IN A SIGNED RECORD VERIFIED  OR  EXECUTED  BEFORE  TWO
NON-PARTY WITNESSES BY:
  (1) EACH INTENDED PARENT, AND
  (2)  THE  PERSON  ACTING  AS  SURROGATE,  AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
  (I) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT OF SEPARATION OR PURSUANT TO  A  WRITTEN  AGREEMENT  OF  SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
  (II)  HAVE  BEEN  LIVING  SEPARATE  AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT; AND
  (B) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
  (C) IT SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE  MEETING  THE
ELIGIBILITY  REQUIREMENTS  OF SUBDIVISION (A) OF SECTION 581-402 OF THIS
PART AND BY THE SPOUSE OF THE PERSON ACTING  AS  SURROGATE,  UNLESS  THE
SIGNATURE  OF  THE  SPOUSE  OF  THE  PERSON  ACTING  AS SURROGATE IS NOT
REQUIRED AS SET FORTH IN THIS SECTION; AND
  (D) IT SHALL BE EXECUTED BY INTENDED PARENT OR  PARENTS  WHO  MET  THE
ELIGIBILITY  REQUIREMENTS  OF SUBDIVISION (B) OF SECTION 581-402 OF THIS
PART; AND
  (E) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE, IF APPLICABLE, AND THE INTENDED PARENT  OR  PARENTS  SHALL
HAVE  BEEN  REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE DURA-
TION OF THE CONTRACT AND ITS EXECUTION BY  SEPARATE,  INDEPENDENT  LEGAL
COUNSEL OF THEIR OWN CHOOSING; AND
  (F)  IF  THE  SURROGACY  AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE PERSON ACTING AS SURROGATE, THE  FUNDS  FOR  BASE  COMPEN-
SATION  AND  REASONABLE  ANTICIPATED ADDITIONAL EXPENSES SHALL HAVE BEEN
PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR  TO  THE  PERSON
ACTING  AS  SURROGATE  COMMENCING  WITH ANY MEDICAL PROCEDURE OTHER THAN
MEDICAL EVALUATIONS NECESSARY TO DETERMINE THE PERSON ACTING  AS  SURRO-
GATE'S ELIGIBILITY; AND
  (G)  THE  SURROGACY  AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW
THE INTENDED PARENT OR PARENTS WILL COVER THE MEDICAL  EXPENSES  OF  THE
PERSON  ACTING  AS SURROGATE AND THE CHILD. IF COMPREHENSIVE HEALTH CARE
COVERAGE IS USED TO COVER THE MEDICAL  EXPENSES,  THE  DISCLOSURE  SHALL
INCLUDE  A  REVIEW  AND  SUMMARY  OF  THE  HEALTH CARE POLICY PROVISIONS

S. 7506--A                         77                         A. 9506--A

RELATED TO COVERAGE AND EXCLUSIONS FOR THE PERSON ACTING AS  SURROGATE'S
PREGNANCY.
  (H)  THE  SURROGACY  AGREEMENT  MUST  COMPLY WITH ALL OF THE FOLLOWING
TERMS:
  (1) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE  PERSON
ACTING AS SURROGATE, IF APPLICABLE:
  (I)  THE  PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
  (II) THE PERSON ACTING AS SURROGATE  AND  THE  SPOUSE  OF  THE  PERSON
ACTING  AS  SURROGATE,  IF APPLICABLE, AGREE TO SURRENDER CUSTODY OF ALL
RESULTING CHILDREN TO THE INTENDED PARENT OR  PARENTS  IMMEDIATELY  UPON
BIRTH; AND
  (III)  THE  SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE PERSON ACTING AS  SURROGATE  AND,  IF  APPLICABLE,  THE
SPOUSE OF THE PERSON ACTING AS SURROGATE; AND
  (IV)  THE  SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURRO-
GATE TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING  THEMSELVES  AND
THEIR  PREGNANCY  INCLUDING  BUT NOT LIMITED TO, WHETHER TO CONSENT TO A
CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER,  AND  NOTWITHSTANDING  ANY
OTHER  PROVISIONS  IN  THIS  CHAPTER, PROVISIONS IN THE AGREEMENT TO THE
CONTRARY ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH  THE
RIGHT OF THE PERSON ACTING AS SURROGATE TO TERMINATE OR CONTINUE A PREG-
NANCY; AND
  (V) THE SURROGACY AGREEMENT SHALL PERMIT THE PERSON ACTING AS A SURRO-
GATE  TO  UTILIZE  THE  SERVICES  OF  A  HEALTH CARE PRACTITIONER OF THE
PERSON'S CHOOSING; AND
  (VI) THE SURROGACY AGREEMENT SHALL NOT LIMIT THE RIGHT OF  THE  PERSON
ACTING  AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE OR
RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING; AND
  (VII) THE SURROGACY AGREEMENT SHALL  PROVIDE  THAT,  UPON  THE  PERSON
ACTING  AS  SURROGATE'S  REQUEST, THE INTENDED PARENT OR PARENTS HAVE OR
WILL PROCURE AND PAY FOR A LIFE INSURANCE POLICY AND  DISABILITY  INSUR-
ANCE  POLICY  FOR  THE  PERSON ACTING AS SURROGATE; THE PERSON ACTING AS
SURROGATE MAY DESIGNATE THE BENEFICIARY OF THE PERSON'S CHOOSING; AND
  (VIII) THE SURROGACY AGREEMENT SHALL PROVIDE  FOR  THE  RIGHT  OF  THE
PERSON  ACTING  AS  SURROGATE,  UPON  REQUEST,  TO  OBTAIN COUNSELING TO
ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
CY AGREEMENT. THE COST OF THAT COUNSELING SHALL BE PAID BY THE  INTENDED
PARENT OR PARENTS.
  (2) AS TO THE INTENDED PARENT OR PARENTS:
  (I)  THE  INTENDED  PARENT  OR  PARENTS AGREE TO ACCEPT CUSTODY OF ALL
RESULTING CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER,  GENDER,
OR  MENTAL  OR PHYSICAL CONDITION AND REGARDLESS OF WHETHER THE INTENDED
EMBRYOS WERE TRANSFERRED DUE TO A LABORATORY ERROR  WITHOUT  DIMINISHING
THE  RIGHTS,  IF  ANY,  OF  ANYONE  CLAIMING TO HAVE A SUPERIOR PARENTAL
INTEREST IN THE CHILD; AND
  (II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
  (III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF  THE  ATTORNEY
REPRESENTING THE INTENDED PARENT OR PARENTS; AND
  (IV)  THE  SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS AND OBLI-
GATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY  AGREEMENT
ARE NOT ASSIGNABLE; AND
  (V)  THE  INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL, PRIOR TO
THE EMBRYO TRANSFER, DESIGNATING A GUARDIAN FOR ALL  RESULTING  CHILDREN

S. 7506--A                         78                         A. 9506--A

AND  AUTHORIZING  THEIR  EXECUTOR  TO  PERFORM  THE INTENDED PARENT'S OR
PARENTS' OBLIGATIONS PURSUANT TO THE SURROGACY AGREEMENT.
  § 581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL RELATION-
SHIP.  (A) AFTER THE EXECUTION OF A SURROGACY AGREEMENT UNDER THIS ARTI-
CLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS  SURRO-
GATE  DOES NOT AFFECT THE VALIDITY OF A SURROGACY AGREEMENT, THE CONSENT
OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE  AGREEMENT  SHALL
NOT  BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE SHALL
NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
  (B) THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS  DOES
NOT  AFFECT  THE  RIGHTS,  DUTIES  AND  RESPONSIBILITIES OF THE INTENDED
PARENTS AS OUTLINED IN THE SURROGACY AGREEMENT.  AFTER THE EXECUTION  OF
A  SURROGACY  AGREEMENT  UNDER  THIS  ARTICLE,  THE  SUBSEQUENT  SPOUSAL
RELATIONSHIP OF THE INTENDED PARENT DOES NOT AFFECT THE  VALIDITY  OF  A
SURROGACY  AGREEMENT,  AND  THE  CONSENT  OF  THE SPOUSE OF THE INTENDED
PARENT TO THE AGREEMENT SHALL NOT BE REQUIRED.
  § 581-405. TERMINATION OF SURROGACY AGREEMENT. AFTER THE EXECUTION  OF
A  SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS  SURRO-
GATE,  THE  SPOUSE  OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, OR
ANY INTENDED PARENT MAY TERMINATE  THE  SURROGACY  AGREEMENT  BY  GIVING
NOTICE  OF  TERMINATION  IN  A  RECORD TO ALL OTHER PARTIES. UPON PROPER
TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL
OBLIGATIONS RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE  INTENDED
PARENT  OR  PARENTS  REMAINS RESPONSIBLE FOR ALL EXPENSES THAT ARE REIM-
BURSABLE UNDER THE AGREEMENT WHICH HAVE  BEEN  INCURRED  BY  THE  PERSON
ACTING  AS  SURROGATE THROUGH THE DATE OF TERMINATION. UNLESS THE AGREE-
MENT PROVIDES OTHERWISE, THE PERSON ACTING AS SURROGATE IS  ENTITLED  TO
KEEP  ALL  PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH THE PERSON
IS ENTITLED UP UNTIL THE DATE OF TERMINATION. NEITHER A PERSON ACTING AS
SURROGATE NOR THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF  ANY,  IS
LIABLE  TO  THE  INTENDED  PARENT OR PARENTS FOR TERMINATING A SURROGACY
AGREEMENT AS PROVIDED IN THIS SECTION.
  § 581-406. PARENTAGE UNDER COMPLIANT  SURROGACY  AGREEMENT.  UPON  THE
BIRTH  OF  A  CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
AGREEMENT THAT COMPLIES WITH THIS PART,  EACH  INTENDED  PARENT  IS,  BY
OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
A SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
  §  581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE,  THE  AGREEMENT
IS  NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE  BEST  INTERESTS  OF  THE
CHILD.   AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A  JUDGMENT  OF  LEGAL
PARENTAGE.
  § 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
AGREEMENT,  THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
LAWS OF THIS STATE.
  § 581-409. DISPUTE AS TO SURROGACY AGREEMENT.  (A) UNLESS THE SURROGA-
CY AGREEMENT  PROVIDES  FOR  MANDATORY  MEDIATION  OR  ARBITRATION,  ANY
DISPUTE WHICH IS RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS
TO  PARENTAGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETER-
MINE THE  RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE  PARTIES.    ANY
PROVISION THAT PURPORTS TO REQUIRE MANDATORY MEDIATION OR ARBITRATION OF
DISPUTES AS TO PARENTAGE SHALL BE VOID AND UNENFORCEABLE.

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  (B)  EXCEPT  AS  EXPRESSLY  PROVIDED  IN  THE SURROGACY AGREEMENT, THE
INTENDED PARENT OR PARENTS AND THE PERSON ACTING AS SURROGATE  SHALL  BE
ENTITLED  TO  ALL  REMEDIES  AVAILABLE  AT  LAW OR EQUITY IN ANY DISPUTE
RELATED TO THE SURROGACY AGREEMENT.
  (C)  THERE  SHALL  BE  NO  SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE PERSON ACTING AS SURROGATE OF A SURROGACY  AGREEMENT  TERM
THAT  REQUIRES  THE  PERSON  ACTING AS SURROGATE TO BE IMPREGNATED OR TO
TERMINATE OR CONTINUE THE PREGNANCY OR TO REDUCE OR RETAIN THE NUMBER OF
FETUSES OR EMBRYOS THE PERSON ACTING AS SURROGATE IS CARRYING.

                                 PART 5
           PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
SECTION 581-501. REIMBURSEMENT.
        581-502. COMPENSATION.
  § 581-501. REIMBURSEMENT.  A DONOR WHO HAS ENTERED INTO A VALID AGREE-
MENT TO BE A DONOR MAY RECEIVE REIMBURSEMENT FROM AN INTENDED PARENT  OR
PARENTS  FOR  ECONOMIC  LOSSES  INCURRED IN CONNECTION WITH THE DONATION
WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
  § 581-502. COMPENSATION.  (A) COMPENSATION MAY BE PAID TO A  DONOR  OR
PERSON  ACTING AS SURROGATE BASED ON MEDICAL RISKS, PHYSICAL DISCOMFORT,
INCONVENIENCE  AND  THE  RESPONSIBILITIES  THEY   ARE   UNDERTAKING   IN
CONNECTION WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION.  UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR FOR THE RELEASE OF A PARENTAL INTEREST IN A CHILD.
  (B)  THE  COMPENSATION,  IF  ANY,  PAID TO A DONOR OR PERSON ACTING AS
SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD  FAITH  BETWEEN  THE
PARTIES,  AND  SAID  PAYMENTS  TO A PERSON ACTING AS SURROGATE SHALL NOT
EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD  OF  UP  TO
EIGHT WEEKS AFTER THE BIRTH OF ANY RESULTING CHILDREN.
  (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
  (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
  (E)  COMPENSATION TO AN EMBRYO DONOR SHALL BE LIMITED TO STORAGE FEES,
TRANSPORTATION COSTS AND ATTORNEYS' FEES.

                                 PART 6
                       SURROGATES' BILL OF RIGHTS
SECTION 581-601. APPLICABILITY.
        581-602. HEALTH AND WELFARE DECISIONS.
        581-603. INDEPENDENT LEGAL COUNSEL.
        581-604. HEALTH INSURANCE AND MEDICAL COSTS.
        581-605. COUNSELING.
        581-606. LIFE AND DISABILITY INSURANCE.
        581-607. TERMINATION OF SURROGACY AGREEMENT.
  § 581-601. APPLICABILITY. THE RIGHTS ENUMERATED  IN  THIS  PART  SHALL
APPLY  TO  ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
ANY SURROGACY AGREEMENT, JUDGMENT OF  PARENTAGE,  MEMORANDUM  OF  UNDER-
STANDING,  VERBAL  AGREEMENT  OR  CONTRACT  TO THE CONTRARY.   EXCEPT AS
OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR VERBAL AGREEMENT PURPORTING TO
WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS PART IS VOID AS AGAINST  PUBLIC
POLICY.    THE RIGHTS ENUMERATED IN THIS PART ARE NOT EXCLUSIVE, AND ARE
IN ADDITION TO ANY OTHER RIGHTS PROVIDED BY LAW, REGULATION, OR A SURRO-
GACY AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
  § 581-602. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS  SURROGATE
HAS  THE  RIGHT TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEM-

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SELF AND THEIR PREGNANCY,  INCLUDING  BUT  NOT  LIMITED  TO  WHETHER  TO
CONSENT  TO  A  CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, TO UTILIZE
THE SERVICES OF A HEALTH CARE PRACTITIONER OF THEIR CHOOSING, WHETHER TO
TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE
NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING.
  § 581-603. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
THE  RIGHT  TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE
DURATION OF THE SURROGACY AGREEMENT AND  ITS  EXECUTION  BY  INDEPENDENT
LEGAL  COUNSEL  OF THEIR OWN CHOOSING WHO IS LICENSED TO PRACTICE LAW IN
THE STATE OF NEW YORK, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
  § 581-604. HEALTH INSURANCE AND MEDICAL  COSTS.  A  PERSON  ACTING  AS
SURROGATE MAY OBTAIN A COMPREHENSIVE HEALTH INSURANCE POLICY THAT COVERS
MAJOR  MEDICAL  TREATMENTS  AND  HOSPITALIZATION  AS WELL AS A SURROGATE
PREGNANCY; THE POLICY SHALL BE PAID FOR,  WHETHER  DIRECTLY  OR  THROUGH
REIMBURSEMENT  OR  OTHER  MEANS,  BY  THE  INTENDED PARENT OR PARENTS ON
BEHALF OF THE PERSON ACTING  AS  SURROGATE  PURSUANT  TO  THE  SURROGACY
AGREEMENT,  IF  SUCH  POLICY  COMES  AT AN ADDITIONAL COST TO THE PERSON
ACTING AS A SURROGATE. THE INTENDED PARENT OR PARENTS SHALL ALSO PAY FOR
OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL CO-PAYMENTS, DEDUCT-
IBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH PREGNAN-
CY, MEDICAL EVALUATION, PSYCHOLOGICAL SCREENING OR EMBRYO TRANSFERS THAT
ACCRUE THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR  TERMINATION
OF  THE PREGNANCY, EXCEPT THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR
UP TO SIX MONTHS AFTER THE BIRTH OF THE  CHILD  OR  TERMINATION  OF  THE
PREGNANCY  IN  THE EVENT A MEDICAL COMPLICATION RELATED TO THE PREGNANCY
IS DIAGNOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR  TERMI-
NATION OF THE PREGNANCY.
  §  581-605.  COUNSELING. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO
OBTAIN COUNSELING TO ADDRESS ISSUES RESULTING FROM  THEIR  PARTICIPATION
IN  A  SURROGACY  AGREEMENT,  TO  BE  PAID FOR BY THE INTENDED PARENT OR
PARENTS.
  § 581-606. LIFE AND DISABILITY INSURANCE. A PERSON ACTING AS SURROGATE
MAY OBTAIN A LIFE INSURANCE POLICY AND DISABILITY INSURANCE POLICY  WITH
A  BENEFICIARY OR BENEFICIARIES OF THEIR CHOOSING, TO BE PAID FOR BY THE
INTENDED PARENT OR PARENTS.
  § 581-607. TERMINATION OF SURROGACY  AGREEMENT.  A  PERSON  ACTING  AS
SURROGATE  HAS  THE  RIGHT  TO  TERMINATE A SURROGACY AGREEMENT PRIOR TO
BECOMING PREGNANT BY MEANS OF ASSISTED REPRODUCTION PURSUANT TO  SECTION
581-405 OF THIS ARTICLE.

                                 PART 7
                        MISCELLANEOUS PROVISIONS
SECTION 581-701. REMEDIAL.
        581-702. SEVERABILITY.
        581-703. PARENT  UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
                   LAW.
        581-704. INTERPRETATION.
  § 581-701. REMEDIAL.   THIS LEGISLATION IS HEREBY  DECLARED  TO  BE  A
REMEDIAL  STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
  § 581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS  LEGIS-
LATION  BY  A  COURT  OF  COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
  § 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL

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INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS  ARTICLE  OR  ANY
OTHER RELEVANT LAW.
  § 581-704. INTERPRETATION.  UNLESS  THE  CONTEXT  INDICATES OTHERWISE,
WORDS IMPORTING THE SINGULAR  INCLUDE  AND  APPLY  TO  SEVERAL  PERSONS,
PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
  § 2. Section 73 of the domestic relations law is REPEALED.
  §  3.  Section  121 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
  § 121. Definitions. When used in this article, unless the  context  or
subject matter manifestly requires a different interpretation:
  1.[ "Birth  mother"]  "GENETIC  SURROGATE" shall mean a [woman] PERSON
who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
a GENETIC surrogate parenting [contract] AGREEMENT.
  2. ["Genetic father" shall mean a man who provides sperm for the birth
of a child born pursuant to a surrogate parenting contract.
  3. "Genetic mother" shall mean a woman who provides an  ovum  for  the
birth of a child born pursuant to a surrogate parenting contract.
  4. "Surrogate parenting contract"] "GENETIC SURROGATE PARENTING AGREE-
MENT" shall mean any agreement, oral or written, in which:
  (a)  a  [woman] GENETIC SURROGATE agrees either to be inseminated with
the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or  to
be  impregnated  with  an embryo that is the product of [an] THE GENETIC
SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is  not
[her husband] THEIR SPOUSE; and
  (b)  the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
or consent to the adoption of the child born as a result of such insemi-
nation or impregnation.
  § 4. Section 122 of the domestic relations law, as  added  by  chapter
308 of the laws of 1992, is amended to read as follows:
  §   122.   Public  policy.  [Surrogate]  GENETIC  SURROGATE  parenting
[contracts] AGREEMENTS are hereby declared contrary to the public policy
of this state, and are void and unenforceable.
  § 5. Section 123 of the domestic relations law, as  added  by  chapter
308 of the laws of 1992, is amended to read as follows:
  §  123.  Prohibitions  and  penalties.  [1.] No person or other entity
shall knowingly request, accept, receive, pay or give any  fee,  compen-
sation or other remuneration, directly or indirectly, in connection with
any GENETIC surrogate parenting [contract] AGREEMENT, or induce, arrange
or   otherwise   assist  in  arranging  a  GENETIC  surrogate  parenting
[contract] AGREEMENT for a  fee,  compensation  or  other  remuneration,
except for:
  (a)  payments  in connection with the adoption of a child permitted by
subdivision six of section three  hundred  seventy-four  of  the  social
services  law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
  (b) payments for reasonable  and  actual  medical  fees  and  hospital
expenses  for artificial insemination or in vitro fertilization services
incurred by the [mother] GENETIC SURROGATE in connection with the  birth
of the child.
  [2.  (a) A birth mother or her husband, a genetic father and his wife,
and, if the genetic mother is not the birth mother, the  genetic  mother
and  her  husband  who  violate this section shall be subject to a civil
penalty not to exceed five hundred dollars.
  (b) Any other person or entity  who  or  which  induces,  arranges  or
otherwise assists in the formation of a surrogate parenting contract for
a  fee,  compensation  or  other remuneration or otherwise violates this

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section shall be subject to a civil penalty not to exceed  ten  thousand
dollars  and  forfeiture  to  the state of any such fee, compensation or
remuneration in accordance with the provisions  of  subdivision  (a)  of
section  seven  thousand  two  hundred one of the civil practice law and
rules, for the first such offense.  Any person or entity  who  or  which
induces,  arranges  or otherwise assists in the formation of a surrogate
parenting contract for a fee,  compensation  or  other  remuneration  or
otherwise  violates  this  section,  after having been once subject to a
civil penalty for violating this section, shall be guilty of a felony.]
  § 6. Section 124 of the domestic relations law, as  added  by  chapter
308 of the laws of 1992, is amended to read as follows:
  §  124.  Proceedings regarding parental rights, status or obligations.
In any action or proceeding  involving  a  PURPORTED  GENETIC  SURROGACY
PARENTING  AGREEMENT,  [dispute  between  the  birth  mother and (i) the
genetic father, (ii) the genetic mother, (iii) both the  genetic  father
and  genetic mother, or (iv) the parent or parents of the genetic father
or genetic mother, regarding parental rights, status or obligations with
respect to a child born pursuant to a surrogate parenting contract]  THE
PARENTAGE  OF THE CHILD WILL BE DETERMINED BASED ON THE LAWS OF NEW YORK
STATE AND:
  1. the court shall not consider the [birth  mother's]  GENETIC  SURRO-
GATE'S  participation in a GENETIC surrogate parenting [contract] AGREE-
MENT as adverse to [her] THEIR parental rights, status, or  obligations;
and
  2.  the  court,  having regard to the circumstances of the case and of
the respective parties including the parties' relative  ability  to  pay
such  fees  and  expenses,  in  its  discretion  and in the interests of
justice, may award to either party reasonable and  actual  counsel  fees
and  legal  expenses incurred in connection with such action or proceed-
ing. Such award may be made in  the  order  or  judgment  by  which  the
particular  action  or  proceeding   is finally determined, or by one or
more orders from time to time before the final order or judgment, or  by
both  such  order  or  orders and the final order or judgment; provided,
however, that in any dispute involving a [birth mother]  GENETIC  SURRO-
GATE  who  has  executed  a  valid surrender or consent to the adoption,
nothing in this section shall empower a court to make any award that  it
would not otherwise be empowered to direct.
  §  7.  Section 4135 of the public health law, subdivision 1 as amended
by chapter 201 of the laws of 1972, subdivision 2 as amended by  chapter
398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
laws of 1980, is amended to read as follows:
  §  4135.  Birth  certificate;  child born out of wedlock. 1. (a) There
shall be no specific statement on the birth certificate  as  to  whether
the child is born in wedlock or out of wedlock or as to the marital name
or status of the mother.
  (b)  The phrase "child born out of wedlock" when used in this article,
refers to a child whose father is not its mother's husband.
  2. The name of the [putative] ALLEGED father of a child  born  out  of
wedlock shall not be entered on the certificate of birth prior to filing
without  (i)  an  acknowledgment  of  [paternity]  PARENTAGE pursuant to
section one hundred eleven-k of the social services law or section  four
thousand  one hundred thirty-five-b of this article executed by both the
mother and [putative] ALLEGED father,  and  filed  with  the  record  of
birth;  or  (ii)  notification  having been received by, or proper proof
having been filed with, the record of birth by the clerk of a  court  of

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competent jurisdiction or the parents, or their attorneys of a judgment,
order or decree relating to parentage.
  3.  Orders  relating  to  parentage  shall be held confidential by the
commissioner and shall not be released or otherwise divulged  except  by
order of a court of competent jurisdiction.
  §  8.  Section 4135-b of the public health law, as added by chapter 59
of the laws of 1993, subdivisions 1 and 2 as amended by chapter  402  of
the  laws  of  2013,  and subdivision 3 as amended by chapter 170 of the
laws of 1994, is amended to read as follows:
  § 4135-b. Voluntary acknowledgments of [paternity; child born  out  of
wedlock]  PARENTAGE.  1.  (a)  Immediately  preceding  or  following the
in-hospital birth of a child to an unmarried  [woman]  PERSON  OR  TO  A
PERSON   WHO   GAVE   BIRTH   TO  A  CHILD  CONCEIVED  THROUGH  ASSISTED
REPRODUCTION, the person in charge of such hospital or his or her desig-
nated representative shall provide to the [child's mother and  putative]
UNMARRIED  PERSON  WHO  GAVE BIRTH TO THE CHILD AND THE ALLEGED [father]
GENETIC PARENT, if such [father] ALLEGED GENETIC PARENT IS READILY IDEN-
TIFIABLE AND AVAILABLE, OR TO THE PERSON WHO GAVE BIRTH  AND  THE  OTHER
INTENDED  PARENT  OF  A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION IF
SUCH PERSON is readily identifiable and  available,  the  documents  and
written  instructions  necessary for such [mother] PERSON OR TO A PERSON
WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH  ASSISTED  REPRODUCTION  and
[putative  father]  ALLEGED  PERSONS  to  complete  an acknowledgment of
[paternity] PARENTAGE witnessed by two persons not related to the signa-
tory. Such acknowledgment, if  signed  by  both  parties,  at  any  time
following the birth of a child, shall be filed with the registrar at the
same  time at which the certificate of live birth is filed, if possible,
or anytime thereafter. Nothing herein shall be  deemed  to  require  the
person  in charge of such hospital or his or her designee to seek out or
otherwise locate [a putative] AN  ALLEGED  [father]  GENETIC  PARENT  OR
INTENDED  PARENT  OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION who
is not readily identifiable or available.
  (B) THE FOLLOWING PERSONS MAY SIGN AN ACKNOWLEDGMENT OF  PARENTAGE  TO
ESTABLISH THE PARENTAGE OF THE CHILD:
  (I) AN UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND ANOTHER PERSON
WHO IS A GENETIC PARENT.
  (II)  A  MARRIED  OR  UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND
ANOTHER PERSON WHO IS AN INTENDED PARENT UNDER SECTION  581-303  OF  THE
FAMILY COURT ACT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
  (C)  AN ACKNOWLEDGMENT OF PARENTAGE SHALL BE IN A RECORD SIGNED BY THE
PERSON WHO GAVE BIRTH TO THE CHILD AND  BY  EITHER  THE  GENETIC  PARENT
OTHER  THAN  THE PERSON WHO GAVE BIRTH TO THE CHILD OR A PERSON WHO IS A
PARENT UNDER SECTION 581-303 OF  THE  FAMILY  COURT  ACT  OF  THE  CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
  (D) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
  (I)  A  PERSON  OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
CHILD UNDER SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
  (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
  (III) ANOTHER PERSON HAS SIGNED A VALID  ACKNOWLEDGMENT  OF  PARENTAGE
WITH REGARD TO THE CHILD;
  (IV)  THE CHILD HAS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT
ACT OTHER THAN THE SIGNATORIES;
  (V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE  FAMILY
COURT ACT;

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  (VI)  THE  ACKNOWLEDGMENT  IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT  OF  A  CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
THROUGH ASSISTED REPRODUCTION.
  (E)  The  acknowledgment  shall  be executed on a form provided by the
commissioner developed in consultation with  the  [appropriate]  commis-
sioner  of the [department of family assistance] OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, which shall:  (I)  include  the  social  security
number  of the [mother and of the putative father and] SIGNATORIES; (II)
provide in plain language [(i)] (A) a statement by the  [mother]  PERSON
WHO  GAVE BIRTH TO THE CHILD consenting to the acknowledgment of [pater-
nity] PARENTAGE and a statement that the [putative father] OTHER  SIGNA-
TORY  is  the  only  possible  [father] OTHER GENETIC PARENT OR THAT THE
OTHER SIGNATORY IS AN  INTENDED  PARENT  AND  THE  CHILD  WAS  CONCEIVED
THROUGH  ASSISTED  REPRODUCTION, [(ii)] (B) a statement by the [putative
father], ALLEGED GENETIC PARENT, IF ANY, that he OR SHE is the  [biolog-
ical  father]  GENETIC  PARENT of the child, and [(iii)] (C) a statement
that the signing of the acknowledgment of [paternity] PARENTAGE by  both
parties shall have the same force and effect as an order of PARENTAGE OR
filiation  entered  after a court hearing by a court of competent juris-
diction, including an obligation to provide support for the child except
that, only if filed with the registrar of  the  district  in  which  the
birth  certificate  has  been  filed,  will the acknowledgment have such
force and effect with respect to inheritance rights; AND  (III)  INCLUDE
THE NAME AND ADDRESS, IF KNOWN, OF ANY GAMETE DONORS.
  [(b)]  (F)  Prior to the execution of an acknowledgment of [paternity]
PARENTAGE, the [mother] PERSON WHO GAVE  BIRTH  TO  THE  CHILD  and  the
[putative father] OTHER SIGNATORY shall be provided orally, which may be
through  the  use  of audio or video equipment, and in writing with such
information as is required pursuant to  this  section  with  respect  to
their  rights and the consequences of signing a voluntary acknowledgment
of [paternity] PARENTAGE including, but not limited to:
  (i) that the signing of the acknowledgment  of  [paternity]  PARENTAGE
shall  establish  the  [paternity] PARENTAGE of the child and shall have
the same force and effect as an order of [paternity] PARENTAGE or filia-
tion issued by a court of competent jurisdiction establishing  the  duty
of both parties to provide support for the child;
  (ii) that if such an acknowledgment is not made, the [putative father]
SIGNATORY  OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be held
liable for support only if the family court, after a hearing,  makes  an
order declaring that the [putative father] PERSON is the [father] PARENT
of  the child whereupon the court may make an order of support which may
be retroactive to the birth of the child;
  (iii) that if made a respondent in a proceeding to establish [paterni-
ty] PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON  WHO
GAVE  BIRTH  TO  THE  CHILD  has a right to free legal representation if
indigent;
  (iv) that [the putative father] AN ALLEGED GENETIC PARENT has a  right
to a genetic marker test or to a DNA test when available;
  (v)  that  by  executing  the  acknowledgment,  the  [putative father]
ALLEGED GENETIC PARENT waives [his] THEIR right to a hearing,  to  which
[he]  THEY  would  otherwise  be  entitled,  on the issue of [paternity]
PARENTAGE;
  (vi) that a copy of the acknowledgment of [paternity] PARENTAGE  shall
be  filed  with  the [putative father] registry [pursuant to] CREATED BY
section three hundred seventy-two-c of the social services law, and that

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such filing may establish the child's  right  to  inheritance  from  the
[putative]  ALLEGED [father] GENETIC PARENT OR THE OTHER INTENDED PARENT
OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION  pursuant  to  clause
(B)  of  subparagraph  two  of  paragraph  (a)  of  section 4-1.2 of the
estates, powers and trusts law;
  (vii) that, if such acknowledgment is filed with the registrar of  the
district in which the birth certificate has been filed, such acknowledg-
ment  will  establish  inheritance  rights  from  the [putative] ALLEGED
[father] GENETIC  PARENT  OR  THE  OTHER  INTENDED  PARENT  OF  A  CHILD
CONCEIVED  THROUGH  ASSISTED  REPRODUCTION  pursuant  to  clause  (A) of
subparagraph two of paragraph (a)  of  section  4-1.2  of  the  estates,
powers and trusts law;
  (viii)  that  no  further  judicial  or administrative proceedings are
required to ratify an unchallenged acknowledgment of [paternity] PARENT-
AGE provided, however, that:
  (A) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
attained the age of eighteen at the time of execution of the acknowledg-
ment, shall have the right to  rescind  the  acknowledgment  within  the
earlier of sixty days from the date of signing the acknowledgment or the
date  of  an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating  to  the
child  in  which the signatory is a party, provided that the "date of an
administrative or a judicial proceeding" shall be the date by which  the
respondent is required to answer the petition;
  (B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
not  attained  the  age  of  eighteen  at  the  time of execution of the
acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
anytime  up  to  sixty  days  after the signatory's attaining the age of
eighteen years or sixty days after the date on which the  respondent  is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child, whichever is earli-
er; provided, however, that the signatory must have been advised at such
proceeding of his or her right to file a petition to vacate the acknowl-
edgment within sixty days of the date of such proceeding;
  (ix) that after the expiration of the time limits set forth in clauses
(A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
tories may challenge the  acknowledgment  of  [paternity]  PARENTAGE  in
court  only  on the basis of fraud, duress, or material mistake of fact,
with the burden of proof on the party challenging the voluntary acknowl-
edgment;
  (x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys  before
executing the acknowledgment; and that they have the right to seek legal
representation  and  supportive  services including counseling regarding
such acknowledgment;
  (xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
TO THE CHILD establishing custody and visitation rights to the child and
for requiring the [putative father's] consent  OF  THE  SIGNATORY  OTHER
THAN  THE  PERSON  WHO  GAVE  BIRTH  TO  THE  CHILD prior to an adoption
proceeding;
  (xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO  THE
CHILD  to sign the acknowledgment shall not be deemed a failure to coop-
erate in establishing [paternity for] PARENTAGE OF the child; and

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  (xiii) that the child may bear the last name of either parent, OR  ANY
COMBINATION THEREOF, which name shall not affect the legal status of the
child.
In  addition,  the governing body of such hospital shall [insure] ENSURE
that appropriate staff shall provide to the [child's mother and putative
father] PERSON WHO GAVE BIRTH TO THE  CHILD  AND  THE  OTHER  SIGNATORY,
prior  to  the  [mother's] discharge from the hospital OF THE PERSON WHO
GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
obtain clarifying information  and  answers  to  their  questions  about
[paternity]  PARENTAGE  establishment,  and shall also provide the tele-
phone number of the local support collection unit.
  [(c)] (G) Within ten days after receiving the  certificate  of  birth,
the registrar shall furnish without charge to each parent or guardian of
the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
nated  by  her  for that purpose, a certified copy of the certificate of
birth and, if applicable, a certified copy of the written acknowledgment
of [paternity] PARENTAGE.  If the [mother] PERSON WHO GAVE BIRTH  is  in
receipt of child support enforcement services pursuant to title six-A of
article  three  of  the  social  services  law, the registrar also shall
furnish without charge a certified copy of the certificate of birth and,
if applicable, a certified copy of the written acknowledgment of [pater-
nity] PARENTAGE to the social services district  of  the  county  within
which the [mother] PERSON WHO GAVE BIRTH resides.
  2.  (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
ily pursuant to section one hundred eleven-k of the social services law,
the social services official shall file the executed acknowledgment with
the registrar of the district in which the birth occurred and  in  which
the birth certificate has been filed.
  (b)  Where  a  child's [paternity] PARENTAGE has not been acknowledged
voluntarily pursuant to paragraph (a) of subdivision one of this section
or paragraph (a) of this subdivision, the [child's mother and the  puta-
tive  father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant  to
this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
  (c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
attained the age of eighteen at the time of execution of the acknowledg-
ment  shall  have  the  right  to  rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including,  but  not
limited  to,  a proceeding to establish a support order) relating to the
child in which either signatory is a party; provided that  for  purposes
of  this  section, the "date of an administrative or a judicial proceed-
ing" shall be the date by which the respondent is required to answer the
petition.
  (d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
not attained the age of  eighteen  at  the  time  of  execution  of  the
acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
anytime up to sixty days after the  signatory's  attaining  the  age  of
eighteen  years  or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the  signa-
tory  is  a  party,  whichever  is  earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her  right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.

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  (e)  After  the  expiration of the time limits set forth in paragraphs
(c) and (d) of this subdivision, any of the  signatories  may  challenge
the  acknowledgment  of [paternity] PARENTAGE in court only on the basis
of fraud, duress, or material mistake of fact, with the burden of  proof
on  the  party challenging the voluntary acknowledgment. The acknowledg-
ment shall have full force and effect once so signed. The original or  a
copy  of  the  acknowledgment  shall  be filed with the registrar of the
district in which the birth certificate has been filed.
  3. (a) An acknowledgment of [paternity]  PARENTAGE  executed  by  [the
mother  and father of a child born out of wedlock] ANY TWO PEOPLE ELIGI-
BLE TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH  (B)  OF  SUBDIVISION
ONE OF THIS SECTION, MARRIED OR UNMARRIED, shall establish the [paterni-
ty]  PARENTAGE of a child and shall have the same force and effect as an
order of [paternity] PARENTAGE or filiation issued by a court of  compe-
tent  jurisdiction.  Such acknowledgement shall thereafter be filed with
the registrar pursuant to subdivision one or two of this section.
  (b) A registrar with whom an acknowledgment of  [paternity]  PARENTAGE
has  been filed pursuant to subdivision one or two of this section shall
file the acknowledgment with the state department  of  health  [and  the
putative  father  registry],  THE NEW YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE AND THE REGISTRY OPERATED BY  THE  DEPARTMENT  OF  SOCIAL
SERVICES  PURSUANT  TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL
SERVICES LAW. IF THE ACKNOWLEDGMENT INCLUDES THE NAME AND ADDRESS OF ANY
KNOWN GAMETE DONORS OF A CHILD CONCEIVED THROUGH ASSISTED  REPRODUCTION,
THE STATE DEPARTMENT OF HEALTH OR THE NEW YORK CITY DEPARTMENT OF HEALTH
AND  MENTAL  HYGIENE SHALL MAIL A COPY TO THE KNOWN DONORS LISTED ON THE
FORM.
  4. THE COURT SHALL GIVE FULL FAITH AND CREDIT TO AN ACKNOWLEDGMENT  OF
PARENTAGE  EFFECTIVE  IN  ANOTHER  STATE  IF THE ACKNOWLEDGMENT WAS IN A
SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAW OF THE OTHER STATE.
  5. A new certificate of birth shall be issued if  the  certificate  of
birth of [a] THE child [born out of wedlock] as defined in paragraph (b)
of  subdivision  one of section four thousand one hundred thirty-five of
this article has been filed without entry of the name  of  the  [father]
SIGNATORY  OTHER  THAN  THE  PERSON WHO GAVE BIRTH, and the commissioner
thereafter receives a notarized acknowledgment of [paternity]  PARENTAGE
accompanied  by  the written consent of the [putative father and mother]
PERSON WHO GAVE BIRTH TO THE CHILD AND OTHER SIGNATORY to the  entry  of
the  name of such [father] PERSON, which consent may also be to a change
in the surname of the child.
  6. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF  THIS
STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF PARENTAGE SIGNED
PURSUANT  TO THIS SECTION OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
LAW OF THAT STATE.
  § 9.  Paragraph (e) of subdivision 1 of section  4138  of  the  public
health law, as amended by chapter 214 of the laws of 1998, is amended to
read as follows:
  (e) the certificate of birth of a child born out of wedlock as defined
in paragraph (b) of subdivision one of section four thousand one hundred
thirty-five  of this article has been filed without entry of the name of
the [father] SIGNATORY OTHER THAN THE PERSON  WHO  GAVE  BIRTH  and  the
commissioner  thereafter  receives  the  acknowledgment  of  [paternity]
PARENTAGE pursuant  to  section  one  hundred  eleven-k  of  the  social
services  law or section four thousand one hundred thirty-five-b of this
article executed by the [putative father and  mother]  PERSON  WHO  GAVE
BIRTH  AND THE OTHER SIGNATORY which authorizes the entry of the name of

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such [father] OTHER SIGNATORY, and which may also authorize a conforming
change in the surname of the child.
  §  10. The article heading of article 8 of the domestic relations law,
as added by chapter 308 of the laws of  1992,  is  amended  to  read  as
follows:
                  GENETIC SURROGATE PARENTING CONTRACTS
  §  11.  The general business law is amended by adding a new article 44
to read as follows:

                               ARTICLE 44
                    REGULATION OF SURROGACY PROGRAMS
SECTION 1400. DEFINITIONS.
        1401. PROGRAMS REGULATED UNDER THIS ARTICLE.
        1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS;  FUNDS  IN
                ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.
        1403. REGULATIONS.
  § 1400. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  THE  DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT ACT SHALL
APPLY.
  (B) "PAYMENT" MEANS ANY TYPE OF MONETARY COMPENSATION OR  OTHER  VALU-
ABLE  CONSIDERATION  INCLUDING  BUT  NOT  LIMITED  TO  A REBATE, REFUND,
COMMISSION, UNEARNED DISCOUNT, OR PROFIT BY MEANS  OF  CREDIT  OR  OTHER
VALUABLE CONSIDERATION.
  (C)  "SURROGACY  PROGRAM"  DOES  NOT  INCLUDE ANY PARTY TO A SURROGACY
AGREEMENT OR ANY PERSON LICENSED TO  PRACTICE  LAW  AND  REPRESENTING  A
PARTY TO THE SURROGACY AGREEMENT, BUT DOES INCLUDE AND IS NOT LIMITED TO
ANY  AGENCY,  AGENT,  BUSINESS,  OR INDIVIDUAL ENGAGED IN, ARRANGING, OR
FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARD-
LESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS
OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
  § 1401. PROGRAMS REGULATED UNDER THIS ARTICLE. THE PROVISIONS OF  THIS
ARTICLE  APPLY  TO  SURROGACY  PROGRAMS ARRANGING OR FACILITATING TRANS-
ACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT UNDER PART FOUR OF ARTICLE
FIVE-C OF THE FAMILY COURT ACT IF:
  (A) THE SURROGACY PROGRAM DOES BUSINESS IN NEW YORK STATE;
  (B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
  (C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
IN NEW YORK STATE.
  § 1402. CONFLICTS OF  INTEREST;  PROHIBITION  ON  PAYMENTS;  FUNDS  IN
ESCROW;  LICENSURE;  NOTICE  OF SURROGATES' BILL OF RIGHTS.  A SURROGACY
PROGRAM TO WHICH THIS ARTICLE APPLIES:
  (A) SHALL KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE  INTENDED  PARENT
OR  PARENTS  IN  AN ESCROW ACCOUNT SEPARATE FROM ITS OPERATING ACCOUNTS;
AND
  (B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT; AND
  (C) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY  PERSON  LICENSED  TO  PRACTICE  LAW AND REPRESENTING A PARTY TO THE
SURROGACY AGREEMENT IN CONNECTION WITH THE REFERRAL  OF  ANY  PERSON  OR
PARTY FOR THE PURPOSE OF A SURROGACY AGREEMENT; AND
  (D) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY  HEALTH  CARE  PROVIDER  PROVIDING  ANY  HEALTH  SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND

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  (E) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
BY  ANY  HEALTH  CARE  PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
  (F)  SHALL  BE LICENSED TO OPERATE IN NEW YORK STATE PURSUANT TO REGU-
LATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
DEPARTMENT OF FINANCIAL SERVICES, ONCE SUCH REGULATIONS ARE  PROMULGATED
AND BECOME EFFECTIVE; AND
  (G)  SHALL ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY AGREEMENT,
AT THE TIME OF CONSULTATION WITH SUCH SURROGACY  PROGRAM,  ARE  PROVIDED
WITH WRITTEN NOTICE OF THE SURROGATES' BILL OF RIGHTS ENUMERATED IN PART
SIX OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
  § 1403. REGULATIONS.  THE  DEPARTMENT  OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, SHALL  PROMULGATE  REGULATIONS  TO
IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE, AND SHALL ANNUALLY REPORT TO
THE  STATE LEGISLATURE REGARDING THE PRACTICES OF SURROGACY PROGRAMS AND
ALL BUSINESS TRANSACTIONS RELATED TO SURROGACY IN NEW YORK  STATE,  WITH
RECOMMENDATIONS FOR ANY NECESSARY AMENDMENTS TO THIS ARTICLE.
  § 12. The public health law is amended by adding a new article 25-B to
read as follows:
                              ARTICLE 25-B
                          GESTATIONAL SURROGACY
SECTION 2599-CC. GESTATIONAL SURROGACY.
  § 2599-CC. GESTATIONAL SURROGACY. 1. THE COMMISSIONER SHALL PROMULGATE
REGULATIONS  ON  THE PRACTICE OF GESTATIONAL SURROGACY. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) GUIDELINES AND PROCEDURES FOR  OBTAINING  FULLY  INFORMED  CONSENT
FROM  POTENTIAL  PERSONS ACTING AS SURROGATES, INCLUDING BUT NOT LIMITED
TO A FULL DISCLOSURE OF ANY KNOWN HEALTH RISKS ASSOCIATED WITH ACTING AS
A SURROGATE;
  (B) THE DEVELOPMENT AND DISTRIBUTION,  IN  PRINTED  FORM  AND  ON  THE
DEPARTMENT'S  WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO GESTATIONAL
SURROGACY; AND
  (C) THE ESTABLISHMENT OF A  VOLUNTARY  CENTRAL  TRACKING  REGISTRY  OF
PERSONS ACTING AS SURROGATES, AS REPORTED BY SURROGACY PROGRAMS LICENSED
BY THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF THE GENERAL BUSINESS
LAW  UPON  THE AFFIRMATIVE CONSENT OF A PERSON ACTING AS SURROGATE. SUCH
REGISTRY SHALL PROVIDE A MEANS FOR GATHERING  AND  MAINTAINING  ACCURATE
INFORMATION ON THE:
  (I) NUMBER OF TIMES A PERSON HAS ACTED AS A SURROGATE;
  (II) HEALTH INFORMATION OF THE PERSON ACTING AS SURROGATE; AND
  (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
  2.  ALL  SUCH  REGULATIONS  SHALL MAINTAIN THE ANONYMITY OF THE PERSON
ACTING AS SURROGATE AND ANY RESULTING OFFSPRING  AND  GOVERN  ACCESS  TO
INFORMATION MAINTAINED BY THE REGISTRY.
  §  13.  Subdivisions  4,  5,  6, 7 and 8 of section 4365 of the public
health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
vision 4 is added to read as follows:
  4. THE COMMISSIONER, IN  CONSULTATION  WITH  THE  TRANSPLANT  COUNCIL,
SHALL  PROMULGATE  REGULATIONS  ON THE DONATION OF OVA. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) GUIDELINES AND PROCEDURES FOR  OBTAINING  FULLY  INFORMED  CONSENT
FROM POTENTIAL DONORS, INCLUDING BUT NOT LIMITED TO A FULL DISCLOSURE OF
ANY KNOWN HEALTH RISKS OF THE OVA DONATION PROCESS;
  (B)  THE  DEVELOPMENT  AND  DISTRIBUTION,  IN  PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THE DONATION
OF OVA; AND

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  (C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF  OVA
DONOR  INFORMATION, AS REPORTED BY BANKS AND STORAGE FACILITIES LICENSED
PURSUANT TO THIS ARTICLE UPON THE AFFIRMATIVE CONSENT OF AN  OVA  DONOR.
SUCH  REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCU-
RATE INFORMATION ON THE:
  (I) NUMBER OF OVA AND THE NUMBER OF TIMES OVA HAVE BEEN DONATED FROM A
SINGLE DONOR;
  (II) HEALTH INFORMATION OF THE DONOR AT THE TIME OF THE DONATION; AND
  (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
  IN  ADDITION, ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE
DONOR AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO INFORMATION MAIN-
TAINED BY THE REGISTRY.
  § 14. Paragraph (a) of subdivision 1 of  section  440  of  the  family
court  act, as amended by chapter 398 of the laws of 1997, is amended to
read as follows:
  (a)  Any support order made by the court in any proceeding  under  the
provisions  of  article five-B of this act, pursuant to a reference from
the supreme court under section two hundred fifty-one  of  the  domestic
relations law or under the provisions of article four, five or five-A of
this  act  (i)  shall  direct that payments of child support or combined
child and spousal support collected on behalf of persons in  receipt  of
services pursuant to section one hundred eleven-g of the social services
law,  or on behalf of persons in receipt of public assistance be made to
the  support  collection  unit  designated  by  the  appropriate  social
services  district,  which  shall receive and disburse funds so paid; or
(ii) shall be enforced pursuant to subdivision (c) of section five thou-
sand two hundred forty-two of the civil practice law and  rules  at  the
same  time that the court issues an order of support; and (iii) shall in
either case, except as provided for  herein,  be  effective  as  of  the
earlier  of  the date of the filing of the petition therefor, or, if the
children for whom support is sought are in receipt of public assistance,
the date for which their eligibility for public  assistance  was  effec-
tive.     Any  retroactive  amount  of  support  due  shall  be  support
arrears/past due support and shall be paid in one sum or periodic  sums,
as the court directs, and any amount of temporary support which has been
paid to be taken into account in calculating any amount of such retroac-
tive  support due.  In addition, such retroactive child support shall be
enforceable in any manner provided by law including, but not limited to,
an execution for support enforcement  pursuant  to  subdivision  (b)  of
section fifty-two hundred forty-one of the civil practice law and rules.
When  a child receiving support is a public assistance recipient, or the
order of support is being enforced or is  to  be  enforced  pursuant  to
section one hundred eleven-g of the social services law, the court shall
establish the amount of retroactive child support and notify the parties
that such amount shall be enforced by the support collection unit pursu-
ant  to an execution for support enforcement as provided for in subdivi-
sion (b) of section fifty-two hundred forty-one of  the  civil  practice
law  and  rules, or in such periodic payments as would have been author-
ized had such an execution been issued.  In such case, the  court  shall
not direct the schedule of repayment of retroactive support.  Where such
direction is for child support and [paternity] PARENTAGE has been estab-
lished by a voluntary acknowledgment of [paternity] PARENTAGE as defined
in section forty-one hundred thirty-five-b of the public health law, the
court  shall  inquire of the parties whether the acknowledgment has been
duly filed, and unless satisfied that it has been so filed shall require
the clerk of the court to file such acknowledgment with the  appropriate

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registrar  within  five business days.   The court shall not direct that
support payments be made to  the  support  collection  unit  unless  the
child,  who is the subject of the order, is in receipt of public assist-
ance  or child support services pursuant to section one hundred eleven-g
of the social services law.  Any such order shall be enforceable  pursu-
ant  to  section fifty-two hundred forty-one or fifty-two hundred forty-
two of the civil practice law and rules, or in any other manner provided
by law.   Such orders or judgments for  child  support  and  maintenance
shall  also  be  enforceable  pursuant to article fifty-two of the civil
practice law and rules upon a debtor's default as such term  is  defined
in  paragraph  seven  of  subdivision  (a)  of section fifty-two hundred
forty-one of the civil practice law and rules.  The establishment  of  a
default  shall be subject to the procedures established for the determi-
nation of a mistake of fact for income executions pursuant  to  subdivi-
sion  (e)  of  section fifty-two hundred forty-one of the civil practice
law and rules. For the purposes of enforcement of child  support  orders
or  combined  spousal  and child support orders pursuant to section five
thousand two hundred forty-one of the civil practice law  and  rules,  a
"default"  shall  be  deemed to include amounts arising from retroactive
support.  Where permitted under federal law and where the record of  the
proceedings  contains  such information, such order shall include on its
face the social security number and the name and address of the  employ-
er,  if  any,  of  the person chargeable with support provided, however,
that failure to comply with this requirement shall not  invalidate  such
order.
  § 15. Section 516-a of the family court act, as amended by chapter 398
of  the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
of the laws of 2013, and subdivision (d) as amended by  chapter  343  of
the laws of 2009, is amended to read as follows:
  §  516-a. Acknowledgment of [paternity] PARENTAGE.  (a) An acknowledg-
ment of [paternity] PARENTAGE executed pursuant to section  one  hundred
eleven-k of the social services law or section four thousand one hundred
thirty-five-b  of  the public health law shall establish the [paternity]
PARENTAGE of and liability for the support of a child pursuant  to  this
act.  Such  acknowledgment must be reduced to writing and filed pursuant
to section four thousand one hundred thirty-five-b of the public  health
law  with  the registrar of the district in which the birth occurred and
in which the birth certificate has been filed. No  further  judicial  or
administrative  proceedings  are  required  to  ratify  an  unchallenged
acknowledgment of [paternity] PARENTAGE.
  (b) (i) Where a signatory to an acknowledgment of [paternity]  PARENT-
AGE  executed  pursuant  to  section  one hundred eleven-k of the social
services law or section four thousand one hundred thirty-five-b  of  the
public  health  law  had  attained  the  age  of eighteen at the time of
execution of the acknowledgment, the signatory may seek to  rescind  the
acknowledgment  by  filing  a  petition  with  the  court  to vacate the
acknowledgment within the earlier of sixty days of the date  of  signing
the  acknowledgment  or  the  date  of  an  administrative or a judicial
proceeding (including, but not limited to, a proceeding to  establish  a
support  order) relating to the child in which the signatory is a party.
For purposes of this section, the "date of an administrative or a  judi-
cial  proceeding"  shall be the date by which the respondent is required
to answer the petition.
  (ii) Where a signatory to an acknowledgment of  [paternity]  PARENTAGE
executed pursuant to section one hundred eleven-k of the social services
law  or  section  four  thousand one hundred thirty-five-b of the public

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health law had not attained the age of eighteen at the time of execution
of the acknowledgment, the signatory may seek to rescind the acknowledg-
ment by filing a petition with the court to  vacate  the  acknowledgment
anytime  up  to  sixty  days  after the signatory's attaining the age of
eighteen years or sixty days after the date on which the  respondent  is
required to answer a petition (including, but not limited to, a petition
to  establish a support order) relating to the child in which the signa-
tory is a party, whichever  is  earlier;  provided,  however,  that  the
signatory  must have been advised at such proceeding of his or her right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
  (iii) Where a petition to  vacate  an  acknowledgment  of  [paternity]
PARENTAGE  has  been  filed  in accordance with paragraph (i) or (ii) of
this subdivision, the court shall order  genetic  marker  tests  or  DNA
tests  for  the  determination of the child's [paternity] PARENTAGE.  No
such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS SIGNED
BY THE INTENDED PARENT OF A CHILD  BORN  THROUGH  ASSISTED  REPRODUCTION
PURSUANT  TO  SUBPARAGRAPH  (II)  OF PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B  OF  THE  PUBLIC  HEALTH
LAW,  OR  upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel,
or the presumption of legitimacy of a child born to  a  married  [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall  make  a  finding  of  [paternity] PARENTAGE and enter an order of
[filiation] PARENTAGE. If the  court  determines  that  the  person  who
signed  the  acknowledgment is not the [father] PARENT of the child, the
acknowledgment shall be vacated.
  (iv) After the expiration of the time limits set forth  in  paragraphs
(i)  and (ii) of this subdivision, any of the signatories to an acknowl-
edgment of [paternity] PARENTAGE may  challenge  the  acknowledgment  in
court  by  alleging  and  proving  fraud, duress, or material mistake of
fact. If the petitioner proves to the court that the  acknowledgment  of
[paternity]  PARENTAGE was signed under fraud, duress, or due to a mate-
rial mistake of fact, the court shall then order genetic marker tests or
DNA tests for the determination of the  child's  [paternity]  PARENTAGE.
No  such  test  shall  be ordered, however, WHERE THE ACKNOWLEDGMENT WAS
SIGNED BY THE INTENDED PARENT OF A CHILD BORN THROUGH  ASSISTED  REPROD-
UCTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE
OF  SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH
LAW, OR upon a written finding by the court that it is not in  the  best
interests of the child on the basis of res judicata, equitable estoppel,
or  the  presumption  of legitimacy of a child born to a married [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall make a finding of [paternity] PARENTAGE  and  enter  an  order  of
[filiation]  PARENTAGE.  If  the  court  determines  that the person who
signed the acknowledgment is not the [father] PARENT of the  child,  the
acknowledgment shall be vacated.
  (v)  If,  at any time before or after a signatory has filed a petition
to vacate an acknowledgment of [paternity] PARENTAGE  pursuant  to  this
subdivision,  the  signatory  dies  or becomes mentally ill or cannot be
found within the state, neither the proceeding nor the right to commence
the proceeding shall abate but may be commenced or continued by  any  of
the persons authorized by this article to commence a [paternity] PARENT-
AGE proceeding.

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  (c) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
  (I)  A  PERSON  OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
CHILD PURSUANT TO SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
  (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
  (III) ANOTHER PERSON HAS SIGNED A VALID  ACKNOWLEDGMENT  OF  PARENTAGE
WITH REGARD TO THE CHILD;
  (IV)  THE CHILD HAS A PARENT PURSUANT TO SECTION 581-303 OF THE FAMILY
COURT ACT OTHER THAN THE SIGNATORIES;
  (V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE  FAMILY
COURT ACT; OR
  (VI)  THE  ACKNOWLEDGMENT  IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT  OF  A  CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
THROUGH ASSISTED REPRODUCTION.
  (D)  Neither  signatory's  legal obligations, including the obligation
for child support arising from  the  acknowledgment,  may  be  suspended
during  the challenge to the acknowledgment except for good cause as the
court may find. If the court vacates the acknowledgment  of  [paternity]
PARENTAGE,  the  court  shall immediately provide a copy of the order to
the registrar of the district in which the child's birth certificate  is
filed  and  also to the putative father registry operated by the depart-
ment of social services pursuant to section three hundred  seventy-two-c
of  the  social services law. In addition, if the [mother] PARENT of the
child who is the subject of the acknowledgment is in  receipt  of  child
support  services pursuant to title six-A of article three of the social
services law, the court shall immediately provide a copy of the order to
the child support enforcement unit of the social services district  that
provides the [mother] PARENT with such services.
  [(d)]  (E)  A determination of [paternity] PARENTAGE made by any other
state, whether established through an administrative or judicial process
or through an acknowledgment of [paternity] PARENTAGE signed in  accord-
ance  with  that  state's  laws,  must be accorded full faith and credit
pursuant to section 466(a)(11) of title IV-D of the social security  act
(42 U.S.C. § 666(a)(11)).
  (F) ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE, OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
THE  LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
PARENTAGE EXECUTED PURSUANT TO  SECTION  ONE  HUNDRED  ELEVEN-K  OF  THE
SOCIAL  SERVICES LAW, SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF
THE PUBLIC HEALTH LAW, OR SIGNED IN ANOTHER STATE  CONSISTENT  WITH  THE
LAW OF THAT STATE.
  §  16.  Paragraph  (b)  of subdivision 1 of section 1017 of the family
court act, as added by chapter 567 of the laws of 2015,  is  amended  to
read as follows:
  (b)  The  court  shall  also  direct  the local commissioner of social
services to conduct an investigation to locate any  person  who  is  not
recognized  to  be the child's legal parent and does not have the rights
of a legal parent under the laws of the state of New York  but  who  (i)
has  filed  with  a putative father registry an instrument acknowledging
[paternity] PARENTAGE of the child, pursuant to  section  4-1.2  of  the
estates,  powers  and  trusts  law,  or  (ii)  has a pending [paternity]
PARENTAGE petition, or (iii) has been identified  as  a  parent  of  the
child  by  the  child's  other  parent in a written sworn statement. The
local commissioner of social services shall report the results  of  such

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investigation  to  the court and parties, including the attorney for the
child.
  §  17. Section 4-1.2 of the estates, powers and trusts law, as amended
by chapter 67 of the laws of 1981,  the  section  heading,  the  opening
paragraph  of  subparagraph 1 of paragraph (a), the opening paragraph of
subparagraph 2 of paragraph (a) and the opening  paragraph  of  subpara-
graph  3 of paragraph (a) as amended by chapter 595 of the laws of 1992,
subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
1987, clause (A) of subparagraph 2 of paragraph (a) as amended by  chap-
ter  170  of the laws of 1994, and clause (C) of subparagraph 2 of para-
graph (a) and paragraph (b) as amended by chapter  64  of  the  laws  of
2010, is amended to read as follows:
§ 4-1.2 Inheritance by non-marital children
  (a) For the purposes of this article:
  (1)  A non-marital child is the legitimate child of his mother so that
he and his issue inherit from his mother and from his maternal kindred.
  (2) A non-marital child is the legitimate child of his father OR  NON-
GESTATING  INTENDED  PARENT  so  that he and his issue inherit from [his
father and his paternal] SUCH PARENT AND SUCH PARENT'S kindred if:
  (A) a court of competent jurisdiction has, during the lifetime of  the
father,  made  an  order of filiation OR PARENTAGE declaring [paternity]
PARENTAGE or the [mother  and  father]  PARENTAGE  of  the  child  [have
executed]  HAS  BEEN ESTABLISHED THROUGH THE EXECUTION OF an acknowledg-
ment of [paternity] PARENTAGE pursuant  to  section  four  thousand  one
hundred  thirty-five-b  of  the  public health law, which has been filed
with the registrar of the district in which the  birth  certificate  has
been filed or;
  (B)  the  father  of  the child has signed an instrument acknowledging
[paternity] PARENTAGE, provided that
  (i) such instrument is acknowledged or executed or proved in the  form
required to entitle a deed to be recorded in the presence of one or more
witnesses and acknowledged by such witness or witnesses, in either case,
before  a  notary  public  or  other officer authorized to take proof of
deeds and
  (ii) such instrument is filed within sixty days from the making there-
of with the putative father registry established by the state department
of social services pursuant to section three  hundred  seventy-two-c  of
the  social  services law, as added by chapter six hundred sixty-five of
the laws of nineteen hundred seventy-six and
  (iii) the department of social services shall, within  seven  days  of
the  filing of the instrument, send written notice by registered mail to
the mother and other legal guardian of such child, notifying  them  that
an  acknowledgment  of  [paternity] PARENTAGE instrument acknowledged or
executed by such [father] PARENT has been duly filed or;
  (C) [paternity] PARENTAGE has been established by clear and convincing
evidence, which may include, but is not limited to: (i) evidence derived
from a genetic marker test, or (ii) evidence that  the  [father]  PARENT
openly and notoriously acknowledged the child as his OR HER own, however
nothing  in  this  section  regarding  genetic  marker  tests  shall  be
construed to expand or limit the current application of subdivision four
of section forty-two hundred ten of the public health law.
  (3) The existence of an agreement obligating the father to support the
non-marital child does not qualify such child or his  issue  to  inherit
from the father in the absence of an order of filiation made or acknowl-
edgement of [paternity] PARENTAGE as prescribed by subparagraph (2).

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  (4) A motion for relief from an order of filiation may be made only by
the  father and a motion for relief from an acknowledgement of [paterni-
ty] PARENTAGE may be made by [the father,  mother]  A  PARENT  or  other
legal  guardian  of  such  child,  or  the child, provided however, such
motion must be made within one year from the entry of such order or from
the date of written notice as provided for in subparagraph (2).
  (b)  If  a non-marital child dies, his or her surviving spouse, issue,
mother, maternal kindred, father and paternal kindred  inherit  and  are
entitled  to  letters of administration as if the decedent was a marital
child, provided that the father and  paternal  kindred  may  inherit  or
obtain such letters only if the [paternity] PARENTAGE of the non-marital
child has been established pursuant to any of the provisions of subpara-
graph (2) of paragraph (a).
  §  18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
subdivision 4 of section 111-c of the social services law, subdivision 1
as added by chapter 685 of the laws of 1975, paragraph g of  subdivision
2  as added by chapter 809 of the laws of 1985, subdivision 3 as amended
by chapter 398 of the laws of 1997, and subdivision 4 as added by  chap-
ter 343 of the laws of 2009, are amended to read as follows:
  1.  Each  social  services district shall establish a single organiza-
tional unit which shall be responsible for such district's activities in
assisting the state in the location of absent parents, establishment  of
[paternity]  PARENTAGE  and  enforcement  and  collection  of support in
accordance with the regulations of the department.
  g. obtain from respondent, when appropriate and in accordance with the
procedures established by section one hundred eleven-k of this  chapter,
an  acknowledgement  of  [paternity]  PARENTAGE  or an agreement to make
support payments, or both;
  3. Notwithstanding the foregoing, the social services  official  shall
not be required to establish the [paternity] PARENTAGE of any child born
out-of-wedlock, or to secure support for any child, with respect to whom
such  official  has determined that such actions would be detrimental to
the best interests of the  child,  in  accordance  with  procedures  and
criteria  established  by  regulations of the department consistent with
federal law.
  4. a. A social services  district  represents  the  interests  of  the
district  in  performing  its  functions  and duties as provided in this
title and not the interests of any party. The interests  of  a  district
shall  include, but are not limited to, establishing [paternity] PARENT-
AGE, and establishing, modifying and enforcing child support orders.
  b. Notwithstanding any other provision of law, the provision of  child
support  services  pursuant to this title does not constitute nor create
an  attorney-client  relationship  between  the   individual   receiving
services  and any attorney representing or appearing for the district. A
social services district shall provide notice to any individual request-
ing or receiving services that the attorney  representing  or  appearing
for the district does not represent the individual and that the individ-
ual has a right to retain his or her own legal counsel.
  c.  A  social  services district may appear in any action to establish
[paternity] PARENTAGE, or to establish, modify, or enforce an  order  of
support when an individual is receiving services under this title.
  §  19. Section 111-k of the social services law, as amended by chapter
398 of the laws of 1997, paragraphs (a) and  (b)  of  subdivision  1  as
amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
follows:

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  § 111-k.    Procedures  relating  to  acknowledgments  of  [paternity]
PARENTAGE,  agreements  to  support,  and genetic tests.   1.   A social
services official or his or her designated  representative  who  confers
with  a  potential  respondent or respondent, hereinafter referred to in
this  section  as  the  "respondent",  the mother of a child born out of
wedlock and any  other  interested  persons,  pursuant  to  section  one
hundred eleven-c of this title, may obtain:
  (a) an acknowledgment of [paternity] PARENTAGE of a child, as provided
for  in  article  five-B or section five hundred sixteen-a of the family
court act, by a written statement, witnessed by two people  not  related
to  the signator or as provided for in section four thousand one hundred
thirty-five-b of the public health law. Prior to the execution  of  such
acknowledgment  by  the child's mother and the respondent, they shall be
advised, orally, which may be through the use of audio or  video  equip-
ment,  and in writing, of the consequences of making such an acknowledg-
ment. Upon the signing of an  acknowledgment  of  [paternity]  PARENTAGE
pursuant  to  this  section,  the social services official or his or her
representative shall file the original acknowledgment with  the  regist-
rar.
  (b)  an agreement to make support payments as provided in section four
hundred twenty-five of the family court act. Prior to the  execution  of
such  agreement,  the  respondent shall be advised, orally, which may be
through the use of audio or video equipment,  and  in  writing,  of  the
consequences  of  such agreement, that the respondent can be held liable
for support only if the family court, after a hearing, makes an order of
support; that respondent has a right to consult  with  an  attorney  and
that  the  agreement  will be submitted to the family court for approval
pursuant to section four hundred twenty-five of the  family  court  act;
and  that by executing the agreement, the respondent waives any right to
a hearing regarding any matter contained in such agreement.
  2. (a) When the paternity of a child is contested, a  social  services
official  or  designated representative may order the mother, the child,
and the alleged father to submit to one or more genetic  marker  or  DNA
tests  of  a type generally acknowledged as reliable by an accreditation
body designated by the secretary of the federal department of health and
human services and performed by a laboratory approved by such an accred-
itation body and by the commissioner of health or by  a  duly  qualified
physician  to  aid  in  the  determination of whether or not the alleged
father is the father of the child.   The order may be  issued  prior  or
subsequent  to  the  filing  of  a  petition with the court to establish
paternity, shall be served on the parties by certified mail,  and  shall
include a sworn statement which either (i) alleges [paternity] PARENTAGE
and sets forth facts establishing a reasonable possibility of the requi-
site  sexual  contact  between  the  parties, or (ii) denies [paternity]
PARENTAGE and sets forth facts  establishing  a  reasonable  possibility
that  the party is not the father.  The parties shall not be required to
submit to the administration and analysis of such tests if they  sign  a
voluntary  acknowledgment  of  [paternity]  PARENTAGE in accordance with
paragraph (a) of subdivision one of this section, or if there has been a
written finding by the court that it is not in the best interests of the
child on the basis of res judicata, equitable estoppel,  THE  CHILD  WAS
CONCEIVED THROUGH ASSISTED REPRODUCTION or the presumption of legitimacy
of a child born to a married [woman] PERSON.
  (b)  The record or report of the results of any such genetic marker or
DNA test may be submitted to the family court as  evidence  pursuant  to
subdivision  (e)  of rule forty-five hundred eighteen of the civil prac-

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tice law and rules where no timely objection in writing  has  been  made
thereto.
  (c)  The  cost  of  any test ordered pursuant to this section shall be
paid by the social services district provided however, that the  alleged
father  shall  reimburse  the district for the cost of such test at such
time as the alleged father's [paternity] PARENTAGE is established  by  a
voluntary  acknowledgment of [paternity] PARENTAGE or an order of filia-
tion. If either party contests the results  of  genetic  marker  or  DNA
tests,  an  additional  test  may be ordered upon written request to the
social services district and advance payment by the requesting party.
  (d) The parties shall be required to submit to such tests  and  appear
at  any conference scheduled by the social services official or designee
to discuss the notice of the allegation of paternity or to  discuss  the
results  of such tests.  If the alleged [father] GENETIC PARENT fails to
appear at any such conference or fails to submit to such genetic  marker
or  DNA  tests,  the social services official or designee shall petition
the court to establish [paternity] PARENTAGE, provide the court  with  a
copy  of  the  records  or reports of such tests if any, and request the
court to issue an order for temporary support pursuant to  section  five
hundred forty-two of the family court act.
  3.  ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT  WITH
THE  LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
PARENTAGE EXECUTED PURSUANT TO THIS SECTION, SECTION FOUR  THOUSAND  ONE
HUNDRED  THIRTY-FIVE-B  OF  THE  PUBLIC  HEALTH LAW OR SIGNED IN ANOTHER
STATE CONSISTENT WITH THE LAW OF THAT STATE.
  § 20. Subdivisions 1 and 2 of section 372-c  of  the  social  services
law,  as amended by chapter 139 of the laws of 1979, are amended to read
as follows:
  1.  The department shall establish a putative  father  registry  which
shall  record the names and addresses of:  (a) any person adjudicated by
a court of this state to be the [father] PARENT of a child born [out-of-
wedlock] OUT OF WEDLOCK; (b) any person who has filed with the  registry
before  or after the birth of a child [out-of-wedlock] OUT OF WEDLOCK, a
notice of intent to claim [paternity] PARENTAGE of the child; (c)    any
person  adjudicated  by  a  court  of  another state or territory of the
United States to be the father of an  [out-of-wedlock]  OUT  OF  WEDLOCK
child, where a certified copy of the court order has been filed with the
registry  by  such  person  or  any other person; (d) any person who has
filed with the registry an instrument acknowledging  paternity  pursuant
to section 4-1.2 of the estates, powers and trusts law.
  2.   A person filing a notice of intent to claim [paternity] PARENTAGE
of a child or an acknowledgement of paternity shall include therein  his
current  address  and shall notify the registry of any change of address
pursuant to procedures prescribed by regulations of the department.
  § 21. Subdivision (a) of section 439  of  the  family  court  act,  as
amended  by  section 1 of chapter 468 of the laws of 2012, is amended to
read as follows:
  (a) The chief administrator of the courts shall provide, in accordance
with subdivision (f) of this section, for the appointment  of  a  suffi-
cient  number  of  support  magistrates  to  hear  and determine support
proceedings. Except as hereinafter provided, support  magistrates  shall
be  empowered  to hear, determine and grant any relief within the powers
of the court in  any  proceeding  under  this  article,  articles  five,
five-A,  [and]  five-B,  AND FIVE-C and sections two hundred thirty-four
and two hundred thirty-five of this act, and objections raised  pursuant

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to section five thousand two hundred forty-one of the civil practice law
and rules. Support magistrates shall not be empowered to hear, determine
and  grant  any  relief with respect to issues specified in section four
hundred  fifty-five  of  this  article,  issues of contested [paternity]
PARENTAGE involving claims of equitable  estoppel,  custody,  visitation
including visitation as a defense, and orders of protection or exclusive
possession  of  the home, which shall be referred to a judge as provided
in subdivision (b) or (c) of this section. Where an order  of  filiation
is  issued  by a judge in a paternity proceeding and child support is in
issue, the judge, or support magistrate upon referral  from  the  judge,
shall  be  authorized  to immediately make a temporary or final order of
support, as applicable. A support magistrate shall have the authority to
hear and decide motions and issue summonses  and  subpoenas  to  produce
persons  pursuant  to  section one hundred fifty-three of this act, hear
and decide proceedings and issue any order authorized by subdivision (g)
of section five thousand two hundred forty-one of the civil practice law
and rules, issue subpoenas to produce prisoners pursuant to section  two
thousand  three hundred two of the civil practice law and rules and make
a determination that any person before  the  support  magistrate  is  in
violation  of an order of the court as authorized by section one hundred
fifty-six of this act subject to confirmation by a judge  of  the  court
who shall impose any punishment for such violation as provided by law. A
determination  by  a  support  magistrate  that  a  person is in willful
violation of an order under subdivision three of  section  four  hundred
fifty-four of this article and that recommends commitment shall be tran-
smitted  to the parties, accompanied by findings of fact, but the deter-
mination shall have no force and effect until confirmed by  a  judge  of
the court.
  §  22. Subparagraph (D) of paragraph (17) of subsection (a) of section
1113 of the insurance law is amended to read as follows:
  (D) (I)(I) Indemnifying an adoptive parent for verifiable expenses not
prohibited under the law paid to or on behalf of the birth  mother  when
either  one  or both of the birth parents of the child withdraw or with-
hold their consent to adoption. Such expenses may include maternity-con-
nected medical or hospital  expenses  of  the  birth  mother,  necessary
living  expenses  of  the birth mother preceding and during confinement,
travel expenses of the birth mother to arrange for the adoption  of  the
child,  legal  fees  of the birth mother, and any other expenses [which]
THAT an adoptive parent may lawfully pay to or on behalf  of  the  birth
mother[.];  OR  (II)  INDEMNIFYING AN INTENDED PARENT FOR FINANCIAL LOSS
INCURRED AS A RESULT OF THE FAILURE BY THE PERSON ACTING AS SURROGATE TO
PERFORM UNDER THE SURROGACY CONTRACT DUE TO DEATH, BODILY INJURY,  SICK-
NESS, DISAPPEARANCE OF THE PERSON ACTING AS SURROGATE, LATE MISCARRIAGE,
OR  STILLBIRTH.  SUCH  FINANCIAL LOSS SHALL INCLUDE MEDICAL AND HOSPITAL
EXPENSES, INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND COINSURANCE, NECESSARY
LIVING EXPENSES OF THE PERSON ACTING AS SURROGATE  TO  ARRANGE  FOR  THE
SURROGACY,  LEGAL  FEES OF THE PERSON ACTING AS SURROGATE, AND ANY OTHER
EXPENSES THAT AN INTENDED PARENT MAY LAWFULLY PAY TO OR ON BEHALF OF THE
PERSON ACTING AS SURROGATE; AND (II) For the purposes of this  [section]
SUBPARAGRAPH  "adoptive  parent"  means  the parent or his or her spouse
seeking to adopt a child, "birth mother" means the biological mother  of
the  child,  "birth  parent"  means  the biological mother or biological
father of the child, AND THE TERMS "DONOR",  "INTENDED  PARENT",  PERSON
ACTING  AS  SURROGATE", AND "SURROGACY AGREEMENT" SHALL HAVE THE MEANING
SET FORTH IN SECTION 581-102 OF THE FAMILY COURT ACT; or

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  § 23. Paragraph (32) of subsection (a) of section 1113 of  the  insur-
ance  law,  as  renumbered by chapter 626 of the laws of 2006, is renum-
bered paragraph (33) and a new  paragraph  (32)  is  added  to  read  as
follows:
  (32) "DONOR MEDICAL EXPENSE INSURANCE" MEANS INSURANCE INDEMNIFYING AN
INTENDED  PARENT  FOR  MEDICAL  OR  HOSPITAL  EXPENSES THAT THE INTENDED
PARENT IS CONTRACTUALLY OBLIGATED TO PAY UNDER A  DONOR  AGREEMENT  WHEN
THE EXPENSES RESULT FROM MEDICAL COMPLICATIONS THAT OCCUR AS A RESULT OF
THE  DONATION  OF  GAMETES.  FOR THE PURPOSE OF THIS PARAGRAPH, "DONOR",
"GAMETES" AND "INTENDED PARENT" SHALL HAVE  THE  MEANING  SET  FORTH  IN
SECTION 581-102 OF THE FAMILY COURT ACT.
  (33)  "Substantially  similar kind of insurance," means such insurance
which in the opinion of the superintendent is determined to be  substan-
tially  similar to one of the foregoing kinds of insurance and thereupon
for the purposes of this chapter shall be deemed to be included in  that
kind of insurance.
  §  24. Subsection (a) of section 2105 of the insurance law, as amended
by section 9 of part I of chapter 61 of the laws of 2011, is amended  to
read as follows:
  §  2105.  Excess  line  brokers; licensing. (a) The superintendent may
issue an excess line broker's license to any person,  firm,  association
or  corporation  who  or  which is licensed as an insurance broker under
section two thousand one hundred four of this article, or who  or  which
is  licensed  as  an  excess  line  broker in the licensee's home state,
provided, however, that the applicant's home state  grants  non-resident
licenses to residents of this state on the same basis, except that reci-
procity  is  not required in regard to the placement of liability insur-
ance on behalf of a purchasing group or any of its members;  authorizing
such person, firm, association or corporation to procure, subject to the
restrictions  herein provided, policies of insurance from insurers which
are not authorized to transact business in this state  of  the  kind  or
kinds  of  insurance  specified  in  paragraphs  four  through fourteen,
sixteen, seventeen, nineteen, twenty, twenty-two, twenty-seven,  twenty-
eight, [and] thirty-one, AND THIRTY-TWO of subsection (a) of section one
thousand  one  hundred thirteen of this chapter and in subsection (h) of
this section, provided, however, that the provisions of this section and
section two thousand one hundred eighteen  of  this  article  shall  not
apply to ocean marine insurance and other contracts of insurance enumer-
ated  in  subsections  (b)  and  (c) of section two thousand one hundred
seventeen of this article. Such license may be suspended or  revoked  by
the  superintendent  whenever  in his or her judgment such suspension or
revocation will best promote the interests of the people of this state.
  § 25. Subsection (b) of section 4101 of the insurance law  is  amended
to read as follows:
  (b)  "Non-basic  kinds  of  insurance"  means  the  kinds of insurance
described in the following paragraphs of subsection (a) of  section  one
thousand  one  hundred  thirteen of this chapter numbered therein as set
forth in parentheses below:
  accident and health (item (i) of (3));
  non-cancellable disability (item (ii) of (3));
  miscellaneous property (5);
  water damage (6);
  collision (12);
  property damage liability (14) -  non-basic  as  to  mutual  companies
only;
  motor vehicle and aircraft physical damage (19);

S. 7506--A                         100                        A. 9506--A

  inland marine as specified in marine and inland marine (20);
  marine protection and indemnity (21) - non-basic as to stock companies
only;
  residual value (22);
  credit unemployment (24);
  gap (26);
  prize indemnification (27);
  service contract reimbursement (28);
  legal services insurance (29);
  involuntary unemployment insurance (30);
  salary protection insurance (31)[.];
  DONOR MEDICAL EXPENSE INSURANCE (32).
  § 26. Group A of table one as contained in paragraph (1) of subsection
(a)  of  section 4103 of the insurance law, as amended by chapter 626 of
the laws of 2006, is amended to read as follows:
                                  Group
                                   A:

7                                              $300,000       $150,000
8, 9, 10, 11, or 14 - for each such kind       $100,000       $ 50,000
13 or 15 - for each such kind                  $500,000       $250,000
16                                             $900,000       $450,000
17                                             $400,000       $200,000
Basic additional amount
required  for  any  one
or  more  of  the above
kinds of insurance                             $100,000       $ 50,000
3(i), 3(ii), 6{1} or 12{2} - for each
such kind                                      $100,000       $ 50,000
22                                             $2,000,000     $1,000,000
24                                             $400,000       $200,000
26(B)                                          $200,000       $100,000
26(A), 26 (C) or 26{O) -
for each such kind                             $600,000       $300,000
27                                             $300,000       $150,000
28                                             $2,000,000     $1,000,000
30                                             $400,000       $200,000
31                                             $100,000       $ 50,000
32                                             $100,000       $ 50,000
  § 27. Group C of table three as contained in subsection (b) of section
4107 of the insurance law, as amended by chapter  626  of  the  laws  of
2006, is amended to read as follows:
                                 Group C:

3(i) or 3(ii) - for each such kind            $  100,000   $  100,000
22                                            $3,000,000   $2,000,000
24                                            $  300,000   $  300,000
26 (B)                                        $  300,000   $  200,000
26(A), 26 (() or 26(D) -
for each such kind                            $  900,000   $  600,000
28                                            $3,000,000   $2,000,000
6{5}, 12{6}  or 14{2}  - for
each such kind                                $   50,000   $   50,000
27                                            $  300,000   $  150,000
30                                            $  300,000   $  300,000
31                                            $  100,000   $  100,000

S. 7506--A                         101                        A. 9506--A

32                                            $  100,000   $  $100,000"
  §  28.  This act shall take effect January 1, 2021, provided, however,
that the amendments to subdivision (a) of  section  439  of  the  family
court  act  made  by section twenty-one of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  to  be made and completed on or before such
effective date.

                                 PART M

  Section 1. The opening paragraph of paragraph (g) of subdivision 3  of
section  358-a of the social services law is designated subparagraph (i)
and a new subparagraph (ii) is added to read as follows:
  (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE  SUCH  CHILD'S
PLACEMENT  IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED  PURSUANT  TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
ACCORDANCE  WITH  SECTION  THREE  HUNDRED  NINETY-THREE OF THIS CHAPTER.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF  THE
CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  § 2. The social services law is amended by adding a new section 393 to
read as follows:
  § 393. COURT  APPROVAL  OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,  TWO  THOUSAND  TWENTY-ONE
AND  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND  CUSTODY
WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
IN  ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER,
OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO  THE  COMMISSIONER
OF  A  LOCAL  SOCIAL  SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE
HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
  2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
ENCED IN SUBDIVISION ONE OF THIS  SECTION  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
  (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
ARTICLE;
  (II) DETERMINE WHETHER THE NEEDS OF  THE  CHILD  CAN  BE  MET  THROUGH
PLACEMENT  IN  A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
AND APPROPRIATE LEVEL OF CARE FOR THE CHILD  IN  THE  LEAST  RESTRICTIVE
ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
CY PLAN; AND
  (III)  APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY  OTHER
PROVISION  OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL  TREAT-
MENT  PROGRAM  IS  NOT  APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE

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REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN ACCORDANCE
WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL  DISAPPROVE  THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING  GOVERNING  PLACEMENT  ORDER  OF  THE COURT REGARDING THE CHILD
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO  MOVE  THE  CHILD
FROM  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A  NEW  ORDER
WHICH  SHALL  NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A RESIDENTIAL
SETTING APPROVED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, IN ACCORDANCE WITH 42 UNITED  STATES  CODE  SECTION  672,  FOR
CHILDREN  WHOSE  PLACEMENT  IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE WITH SECTION  FOUR
HUNDRED NINE-H OF THIS ARTICLE.
  (C)  THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND  (B)  OF  THIS
SUBDIVISION.
  3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
  §  3. The social services law is amended by adding a new section 409-h
to read as follows:
  § 409-H. ASSESSMENT OF APPROPRIATENESS OF  PLACEMENT  IN  A  QUALIFIED
RESIDENTIAL  TREATMENT  PROGRAM. 1. WITHIN THIRTY DAYS OF THE START OF A
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE
CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER  OF
A  LOCAL  SOCIAL  SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES THAT OCCURS ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
TWENTY-ONE,  A  QUALIFIED INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF
SUCH PLACEMENT. SUCH QUALIFIED INDIVIDUAL AND  ASSESSMENT  SHALL  BE  IN
ACCORDANCE  WITH  THE  REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND 42 UNITED STATE CODE SECTION 672.
  2. (A) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF
THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT  APPROPRI-
ATE  UNDER  THE  STANDARDS SET FORTH IN THE REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND 42 UNITED STATES CODE SECTION 672,  THE
LOCAL  SOCIAL  SERVICES  DISTRICT  OR  THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITH LEGAL CUSTODY OF THE CHILD SHALL REMOVE SUCH CHILD FROM  A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM WITHIN THIRTY DAYS IN ACCORDANCE
WITH  FEDERAL  LAW  AND  THE PROVISIONS OF 42 UNITED STATES CODE SECTION
672, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD IN A
PLACEMENT SETTING APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
FOR CHILDREN WHO HAVE BEEN DETERMINED TO NOT BE APPROPRIATE FOR A PLACE-
MENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP, POST AND
MAINTAIN ON  THEIR  WEBSITE  AN  UP-TO-DATE  LISTING  OF  THE  PLACEMENT
SETTINGS  APPROVED  BY SUCH OFFICE FOR CHILDREN WHO HAVE BEEN DETERMINED
TO NOT BE APPROPRIATE FOR A PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
MENT PROGRAM.
  3.  AS  USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
MEANS A PROGRAM THAT IS  A  NON-FOSTER  FAMILY  RESIDENTIAL  PROGRAM  IN
ACCORDANCE  WITH  THE  REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND 42 UNITED STATES CODE SECTION 672.
  § 4. The family court act is amended by adding a new section 353.7  to
read as follows:
  § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR

S. 7506--A                         103                        A. 9506--A

AFTER  SEPTEMBER  TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
HUNDRED  NINE-H  OF  THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY
WERE  TRANSFERRED  TO  A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
  2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
TO  THIS  ARTICLE,  SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT
ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
SOCIAL  SERVICES  LAW  TO  THE  COURT AND THE ATTORNEYS FOR THE PARTIES,
INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE  THE  RESPONDENT
IN  THE  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE
PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL  INDI-
CATE  THE  DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE
DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF
SUCH NOTICE LISTS AN ANTICIPATED DATE  FOR  THE  PLACEMENT  CHANGE,  THE
LOCAL  SOCIAL  SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE
COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR  THE
RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL
OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
  (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
IN  ACCORDANCE  WITH  THIS  ARTICLE  RESIDES  IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT IN SUCH QUAL-
IFIED  RESIDENTIAL  TREATMENT  PROGRAM  COMMENCED  ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING  SHALL
OCCUR  NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF  A  RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
  (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
SOCIAL SERVICES LAW;
  (II)  DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
PLACEMENT IN A FOSTER  HOME  AND,  IF  NOT,  WHETHER  PLACEMENT  OF  THE
RESPONDENT  IN  A  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT  IN  THE
LEAST  RESTRICTIVE  ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
  (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW  TO THE CONTRARY, WHERE A QUALIFIED INDIVIDUAL
DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED  RESIDEN-
TIAL  TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET FORTH
IN THE REGULATIONS OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  IN
ACCORDANCE  WITH  42  UNITED  STATES  CODE  SECTION 672, THE COURT SHALL
DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED  RESIDENTIAL
TREATMENT PROGRAM.

S. 7506--A                         104                        A. 9506--A

  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD  NOT  PERMIT  THE  LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO
MOVE THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM  AS
REQUIRED  BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE
COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE  SUCH  RESPONDENT
FROM  BEING  PLACED IN A RESIDENTIAL SETTING APPROVED IN THE REGULATIONS
OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  IN  ACCORDANCE  WITH  42
UNITED  STATES CODE SECTION 672 FOR CHILDREN WHOSE PLACEMENT IN A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRI-
ATE IN ACCORDANCE  WITH  SECTION  FOUR  HUNDRED  NINE-H  OF  THE  SOCIAL
SERVICES LAW.
  (C)  THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND  (B)  OF  THIS
SUBDIVISION.
  4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
  §  5. Section 355.5 of the family court act is amended by adding a new
subdivision 10 to read as follows:
  10. WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
DY  OF  THE  RESPONDENT  SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING
WITH RESPECT TO THE RESPONDENT:
  (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
THE  PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT  IN  THE
LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH
THE  SHORT-TERM  AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED IN
THE RESPONDENT'S PERMANENCY PLAN;
  (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL  BE
MET  FOR  THE  RESPONDENT  IN  THE  PLACEMENT AND THE LENGTH OF TIME THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
  (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF  THE
RESPONDENT  TO  PREPARE  THE  RESPONDENT TO RETURN HOME, OR TO BE PLACED
WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE  PARENT,  OR
IN A FOSTER HOME.
  §  6. Section 756-a of the family court act is amended by adding a new
subdivision (h) to read as follows:
  (H) WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
DISTRICT  WITH  LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT
THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
  (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
OF  THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS
OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES  THE
MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH
THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT,  AS  SPECIFIED  IN
THE RESPONDENT'S PERMANENCY PLAN;

S. 7506--A                         105                        A. 9506--A

  (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE RESPONDENT IN THE PLACEMENT  AND  THE  LENGTH  OF  TIME  THE
RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
  (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE  RESPONDENT
TO  RETURN  HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL
GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER HOME.
  § 7. The family court act is amended by adding a new section 756-b  to
read as follows:
  § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT  PROGRAM.  1.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY WHEN A
RESPONDENT IS PLACED ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
TWENTY-ONE  AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
WHOSE  CARE  AND  CUSTODY  WERE  TRANSFERRED  TO A LOCAL SOCIAL SERVICES
DISTRICT IN ACCORDANCE WITH THIS PART.
  2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
SERVICES  DISTRICT  PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO  A  QUALI-
FIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND  THE  ATTORNEYS  FOR
THE  PARTIES,  INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION  TO  PLACE
THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
ACTUAL DATE THE PLACEMENT CHANGE OCCURRED,  WHICHEVER  IS  SOONER.  SUCH
NOTICE  SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED
TO OCCUR OR THE DATE  THE  PLACEMENT  CHANGE  OCCURRED,  AS  APPLICABLE.
PROVIDED,  HOWEVER,  IF  SUCH  NOTICE  LISTS AN ANTICIPATED DATE FOR THE
PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL  SUBSEQUENTLY
NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTOR-
NEY  FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH
NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING  THE  PLACE-
MENT CHANGE.
  (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR  HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT
IN  SUCH  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER
SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE
REQUIRED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL
SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF  THE
RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM, THE COURT SHALL:
  (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION  MADE  BY
THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
  (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
PLACEMENT  IN  A  FOSTER  HOME  AND,  IF  NOT,  WHETHER PLACEMENT OF THE
RESPONDENT IN A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES  THE
MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT  IS  CONSISTENT

S. 7506--A                         106                        A. 9506--A

WITH  THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
IN THE RESPONDENT'S PERMANENCY PLAN; AND
  (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
IFIED  RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE  QUALIFIED  INDIVIDUAL
DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET  FORTH
IN  THE  REGULATIONS  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH 42 UNITED STATES  CODE  SECTION  672,  THE  COURT  SHALL
DISAPPROVE  THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND-
ENT FROM THE QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  AS  REQUIRED  BY
SECTION  FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL
ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH  RESPONDENT  FROM  BEING
PLACED  IN  A  RESIDENTIAL  SETTING  APPROVED  IN THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES  IN  ACCORDANCE  WITH  42  UNITED
STATES  CODE  SECTION  672  FOR  CHILDREN WHOSE PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
  (C) THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL  BE
LIMITED  TO  THE  PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
  4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
  § 8. The opening paragraph of subdivision 5 of  section  1017  of  the
family  court act is designated paragraph (a) and a new paragraph (b) is
added to read as follows:
  (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED  TO  THE  COMMIS-
SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL  SERVICES  LAW,  AND  WHERE
SUCH  CHILD'S  PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL SCHEDULE A
HEARING  IN  ACCORDANCE  WITH  SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS
ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
SUCH  HEARING  SHALL  OCCUR  NO  LATER THAN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
COMMENCED.
  §  9.  The opening paragraph of subdivision (j) of section 1055 of the
family court act is designated paragraph (i) and a new paragraph (ii) is
added to read as follows:
  (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL  SERVICES  LAW,  AND  WHERE
SUCH  CHILD'S  PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
PURSUANT  TO PARAGRAPH (I) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C  OF  THIS
PART.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH
HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT
OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.

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  § 10. The family court act is amended by adding a new  section  1055-c
to read as follows:
  § 1055-C. COURT  APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED RESIDENTIAL
TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN  A
CHILD  IS  PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
TY-ONE AND RESIDES IN A  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM,  AS
DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND
WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF  A  LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
  2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN  SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM, THE COURT SHALL:
  (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
  (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD  IN  A
QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND
APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST  RESTRICTIVE  ENVI-
RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
LONG-TERM  GOALS  FOR  THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY
PLAN; AND
  (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD  IN  A  QUALIFIED
RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL  DETER-
MINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS  SET  FORTH  IN  THE
REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL  DISAPPROVE  THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF  THE  COURT  REGARDING  THE  CHILD
WOULD  NOT  PERMIT  THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY  SECTION
FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM  BEING  PLACED  IN  A
RESIDENTIAL  SETTING  APPROVED IN THE REGULATIONS OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES  IN  ACCORDANCE  WITH  42  UNITED  STATES  CODE
SECTION  672  FOR  CHILDREN  WHOSE  PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN  ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
  4.  THE  SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS  TWO  AND  THREE  OF
THIS SECTION.
  5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
  §  11.  Clause  (C) of subparagraph (ix) of paragraph 5 of subdivision
(c) of section 1089 of the family court act, as added by section  27  of
part  A of chapter 3 of the laws of 2005, is amended and a new paragraph
6 is added to read as follows:
  (C) if the child is over age fourteen and has voluntarily withheld his
or her consent to an adoption, the facts and circumstances regarding the
child's decision to withhold consent and the reasons therefor[.]; AND
  (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED  RESIDENTIAL  TREAT-
MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, THE COMMISSIONER OF  THE  SOCIAL  SERVICES  DISTRICT  WITH

S. 7506--A                         108                        A. 9506--A

LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
ING WITH RESPECT TO THE CHILD:
  (I)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT  THE  NEEDS  OF
THE  CHILD  CANNOT  BE  MET THROUGH PLACEMENT IN A FOSTER HOME, THAT THE
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST
EFFECTIVE AND APPROPRIATE LEVEL OF CARE  FOR  THE  CHILD  IN  THE  LEAST
RESTRICTIVE  ENVIRONMENT,  AND THAT THE PLACEMENT IS CONSISTENT WITH THE
SHORT-TERM AND LONG-TERM GOALS  FOR  THE  CHILD,  AS  SPECIFIED  IN  THE
CHILD'S PERMANENCY PLAN;
  (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE  CHILD  IS
EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
  (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A  FOSTER
HOME.
  §  12.  The  opening  paragraph of clause (H) of subparagraph (vii) of
paragraph 2 of subdivision (d) of section 1089 of the family court  act,
is designated item (I) and a new item (II) is added to read as follows:
  (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
SECTION  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED
IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
CHILD'S PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER  TWEN-
TY-NINTH,  TWO  THOUSAND  TWENTY-ONE,  UPON  RECEIPT  OF NOTICE REQUIRED
PURSUANT TO ITEM (I) OF THIS CLAUSE, THE COURT SHALL SCHEDULE A  HEARING
IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED NINETY-THREE OF THE SOCIAL
SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND  NINETY-
ONE-A  OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY,  SUCH  HEARING  SHALL  OCCUR  NO
LATER  THAN  SIXTY  DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  § 13. The family court act is amended by adding a new  section  1091-a
to read as follows:
  § 1091-A. COURT  APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED RESIDENTIAL
TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN  A
FORMER  FOSTER  CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,
TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED  RESIDENTIAL  TREAT-
MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE  TRANSFERRED  TO  A  LOCAL
SOCIAL  SERVICES  DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
IN ACCORDANCE WITH THIS ARTICLE.
  2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
LOCAL SOCIAL SERVICES DISTRICT OR THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  PURSUANT  TO  THIS  ARTICLE,  SUCH SOCIAL SERVICES DISTRICT OR
OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER  CARE
YOUTH  INTO  A  QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
THE ATTORNEYS FOR THE PARTIES, INCLUDING THE  ATTORNEY  FOR  THE  FORMER
FOSTER  CARE  YOUTH,  FORTHWITH,  BUT  NOT  LATER  THAN ONE BUSINESS DAY
FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE  YOUTH  IN
THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  OR  THE ACTUAL DATE THE
PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL  INDI-
CATE  THE  DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE
DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF

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SUCH NOTICE LISTS AN ANTICIPATED DATE  FOR  THE  PLACEMENT  CHANGE,  THE
LOCAL  SOCIAL  SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE
COURT AND ATTORNEYS FOR THE PARTIES,  INCLUDING  THE  ATTORNEY  FOR  THE
CHILD,  OF  THE  DATE  THE  PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL
OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
  (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
SERVICES DISTRICT OR THE OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  IN
ACCORDANCE  WITH  THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H  OF  THE  SOCIAL
SERVICES  LAW,  AND WHERE SUCH CHILD'S PLACEMENT IN SUCH QUALIFIED RESI-
DENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER  TWENTY-NINTH,
TWO  THOUSAND  TWENTY-ONE,  UPON  RECEIPT OF NOTICE REQUIRED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, SUCH HEARING SHALL OCCUR NO
LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE  CHILD  IN  THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3.  WITHIN  SIXTY  DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER
CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A  QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
  (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
SOCIAL SERVICES LAW;
  (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
MET THROUGH PLACEMENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF
THE  FORMER  FOSTER  CARE  YOUTH  IN  A  QUALIFIED RESIDENTIAL TREATMENT
PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL  OF  CARE  FOR
THE  FORMER  FOSTER  CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRONMENT AND
WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM  AND  LONG-TERM
GOALS  FOR  THE  FORMER  FOSTER  CARE  YOUTH, AS SPECIFIED IN THE FORMER
FOSTER CARE YOUTH'S PERMANENCY PLAN; AND
  (C) APPROVE OR DISAPPROVE THE PLACEMENT  OF  THE  FORMER  FOSTER  CARE
YOUTH   IN  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM.  PROVIDED  THAT,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  WHERE  THE
QUALIFIED  INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER
CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI-
ATE UNDER THE STANDARDS SET FORTH IN THE REGULATIONS OF  THE  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE
SECTION 672, THE COURT SHALL DISAPPROVE  THE  PLACEMENT  OF  THE  FORMER
FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  4.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF THE  COURT  REGARDING  THE  FORMER
FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR
THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI-
DENTIAL  TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF
THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER  WHICH  SHALL
NOT  PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A RESI-
DENTIAL SETTING APPROVED IN THE REGULATIONS OF THE  OFFICE  OF  CHILDREN
AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672
FOR  CHILDREN  WHOSE  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL TREATMENT
PROGRAM HAS BEEN DETERMINED  TO  BE  INAPPROPRIATE  IN  ACCORDANCE  WITH
SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
  5.  THE  SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS THREE  AND  FOUR  OF
THIS SECTION.

S. 7506--A                         110                        A. 9506--A

  6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
  §  14. The family court act is amended by adding a new section 1097 to
read as follows:
  § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
IS  PLACED  ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED  IN
SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR  THE
OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
  2.  (A)  WHEN  A  CHILD  IS  IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
SERVICES  DISTRICT  PURSUANT  TO  THIS  ARTICLE,  SUCH  SOCIAL  SERVICES
DISTRICT  SHALL  REPORT  ANY  ANTICIPATED  PLACEMENT OF THE CHILD INTO A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
HUNDRED  NINE-H  OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD,  FORTHWITH,
BUT  NOT  LATER  THAN  ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  OR  THE
ACTUAL  DATE  THE  PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS  ANTICIPATED
TO  OCCUR  OR  THE  DATE  THE  PLACEMENT CHANGE OCCURRED, AS APPLICABLE.
PROVIDED, HOWEVER, IF SUCH NOTICE LISTS  AN  ANTICIPATED  DATE  FOR  THE
PLACEMENT  CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY
NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING  THE  ATTORNEY
FOR  THE  CHILD,  OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE
SHALL OCCUR NO LATER THAN  ONE  BUSINESS  DAY  FOLLOWING  THE  PLACEMENT
CHANGE.
  (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
OF  THE  SOCIAL  SERVICES  LAW, AND WHERE SUCH CHILD'S PLACEMENT IN SUCH
QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER  SEPTEMBER
TWENTY-NINTH,  TWO  THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL  SCHEDULE
A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
STANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL
OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE  CHILD
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
  3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
IN  SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM, THE COURT SHALL:
  (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW;
  (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
MENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD  IN  A
QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND
APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST  RESTRICTIVE  ENVI-
RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
LONG-TERM  GOALS  FOR  THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY
PLAN; AND
  (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE  QUALIFIED
RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL  DETER-
MINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-

S. 7506--A                         111                        A. 9506--A

MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS  SET  FORTH  IN  THE
REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL  DISAPPROVE  THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
  4.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
EXISTING GOVERNING PLACEMENT ORDER OF  THE  COURT  REGARDING  THE  CHILD
WOULD  NOT  PERMIT  THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY  SECTION
FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM  BEING  PLACED  IN  A
RESIDENTIAL  SETTING  APPROVED IN THE REGULATIONS OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES  IN  ACCORDANCE  WITH  42  UNITED  STATES  CODE
SECTION  672  FOR  CHILDREN  WHOSE  PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN  ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
  5.  THE  SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS THREE  AND  FOUR  OF
THIS SECTION.
  6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
  §  15.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  § 16. This act shall take effect September 29, 2021; provided,  howev-
er, that:
  (a) (i) notwithstanding any other provision of law, provisions in this
act  shall  not take effect unless and until the state title IV-E agency
submits to the United States Department of Health  and  Human  Services,
Administration  for  Children,  Youth  and Families, an amendment to the
title IV-E state plan and the United States  Department  of  Health  and
Human Services, Administration for Children, Youth and Families approves
said title IV-E state plan amendment regarding when a child is placed in
a  qualified  residential treatment program in relation to the following
components: (1) the establishment of the  30-day  assessment  as  estab-
lished  by  section  three  of this act; (2) the 60-day court reviews as
established by sections one, two, four, seven, eight, nine, ten, twelve,
thirteen and fourteen of this act; and (3) permanency  hearing  require-
ments as established by sections five, six and eleven of this act;
  (ii)  provided however, that if the United States Department of Health
and Human Services, Administration  for  Children,  Youth  and  Families
fails  to  approve  or disapproves any of the components listed in para-
graph (i) of this subdivision, such action shall not impact  the  effec-
tive date for the remaining components listed therein;
  (b) the office of children and family services shall inform the legis-
lative  bill  drafting  commission upon the occurrence of the submission
set forth in subdivision (a) of this section and  any  approval  related
thereto in order that the commission may maintain an effective and time-
ly  database  of  the official texts of the state of laws of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law;
  (c) if chapter 732 of the laws of 2019 shall not have taken effect  on
or before such effective date, then sections one, eight, nine and twelve

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of  this act shall take effect on the same date and same manner as chap-
ter 732 of the laws of 2019, takes effect;
  (d)  for  the  purposes  of this act, the term "placement" shall refer
only to placements made on or after the effective date of the Title IV-E
state plan to establish the 30-day assessment, 60-day court  review  and
permanency  hearing  requirements set forth in this act that occur on or
after its effective date; and
  (e) the office of children and family services and the office of court
administration are hereby authorized to promulgate such rules and  regu-
lations  as  may be necessary to implement the provisions of this act on
or before such effective date.

                                 PART N

  Section 1. Subdivision 10 of section 153 of the social  services  law,
as amended by section 1 of subpart B of part K of chapter 56 of the laws
of 2017, is amended to read as follows:
  10.  Expenditures  made  by a social services district for the mainte-
nance of children with disabilities, placed by school districts,  pursu-
ant  to  section  forty-four hundred five of the education law shall, if
approved by the office of children and family services,  be  subject  to
[eighteen and four hundred twenty-four thousandths percent reimbursement
by  the  state and thirty-eight and four hundred twenty-four thousandths
percent reimbursement by school districts, except  for  social  services
districts  located  within  a  city  with a population of one million or
more, where such expenditures shall be subject to] fifty-six  and  eight
hundred  forty-eight  thousandths  percent  reimbursement  by the school
district, in accordance with paragraph c of subdivision one  of  section
forty-four  hundred  five  of  the  education law, after first deducting
therefrom any federal funds received or to be  received  on  account  of
such  expenditures,  except  that  in  the case of a student attending a
state-operated school for the deaf or blind pursuant to article  eighty-
seven  or  eighty-eight  of the education law who was not placed in such
school by a school district such expenditures shall be subject to  fifty
percent reimbursement by the [state] SCHOOL DISTRICT after first deduct-
ing therefrom any federal funds received or to be received on account of
such  expenditures  [and  there  shall  be  no  reimbursement  by school
districts].  Such expenditures shall not be subject to  the  limitations
on  state  reimbursement  contained  in  subdivision  two of section one
hundred fifty-three-k of this title. In the event of the failure of  the
school  district  to  make  the  maintenance  payment  pursuant  to  the
provisions of this subdivision, the  state  comptroller  shall  withhold
state  reimbursement  to  any such school district in an amount equal to
the unpaid obligation for maintenance and  pay  over  such  sum  to  the
social  services  district upon certification of the commissioner of the
office of children and family services and the commissioner of education
that such funds are overdue  and  owed  by  such  school  district.  The
commissioner of the office of children and family services, in consulta-
tion with the commissioner of education, shall promulgate regulations to
implement the provisions of this subdivision.
  § 2. Paragraph b of subdivision 1 of section 4405 of the education law
is REPEALED.
  §  3.    This act shall take effect immediately; provided however that
the amendments to subdivision 10 of section 153 of the  social  services
law, by section one of this act, shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.

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                                 PART O

  Section  1. Subdivisions 2, 3, 4 and 5 of section 365 of the executive
law, as added by section 5 of part W of chapter 57 of the laws of  2013,
the  opening  paragraph of paragraph (a), the opening paragraph of para-
graph (b), paragraph (g), the opening paragraph of subparagraph (ii) and
clause 6 of subparagraph (ii) of  paragraph  (h)  of  subdivision  2  as
amended  by section 11 of part AA of chapter 56 of the laws of 2019, are
amended to read as follows:
  2. The establishment of the first New York  state  veterans  cemetery.
(a)  The  division,  in cooperation with the United States department of
veterans affairs, and in consultation with, and upon the support of  the
department  of  state  division  of  cemeteries,  is  hereby directed to
conduct an investigation and study on the issue of the construction  and
establishment  of  the  first  New  York  state veterans' cemetery. Such
investigation and study shall include, but not be limited to:
  (i) Potential site locations for such cemetery,  with  full  consider-
ation as to the needs of the veterans population;
  (ii) The size of the cemetery and types of grave sites;
  (iii) The number of annual interments at the cemetery;
  (iv)  Transportation  accessibility to the cemetery by veterans, their
families and the general public;
  (v) Costs for construction of the cemetery;
  (vi) Costs of operation of the cemetery, including but not limited  to
staffing costs to maintain the cemetery;
  (vii) Scalability of the cemetery for future growth and expansion;
  (viii)  Potential for funding for the cemetery from federal, local and
private sources;
  (ix) Cost of maintenance;
  (x) Data on the population that would be served by the site;
  (xi) The average age of the population in the area covered;
  (xii) The mortality rate of the veteran population for the area;
  (xiii) Surrounding land use;
  (xiv) Topography of the land;
  (xv) Site characteristics;
  (xvi) Cost of land acquisition;
  (xvii) The location of existing cemeteries including but  not  limited
to  national  veterans'  cemeteries,  county veterans' cemeteries, ceme-
teries that have plots devoted to  veterans,  not-for-profit  cemeteries
and  any  other  burial ground devoted to veterans and any other type of
burial grounds devoted to the interment of  human  remains  that  is  of
public record; and
  (xviii)  Such  other and further items as the director of the division
deems necessary for the first state veterans cemetery to be successful.
  A report of the investigation and study conclusions shall be delivered
to the governor, the temporary president of the senate, the  speaker  of
the assembly and the chair of the senate committee on veterans, homeland
security  and  military affairs, and the chair of the assembly committee
on veterans' affairs by no later than one hundred eighty days after  the
division has commenced the conduct of the investigation and study.
  (b) [Prior to the commencement of the investigation and study pursuant
to  paragraph  (a)  of this subdivision, the director of the division of
veterans' services, the director of the  division  of  the  budget,  the
director  of  the  department of state's division of cemeteries, and the
office of the state comptroller must certify to the governor, the tempo-
rary president of the senate, the speaker of the assembly, the chair  of

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the  senate  finance  committee  and  the chair of the assembly ways and
means committee that the veterans remembrance and  cemetery  maintenance
and operation fund, created pursuant to section ninety-seven-mmmm of the
state  finance  law,  contains  moneys  sufficient,  adjusted to reflect
projected future inflation, to fund the operation, maintenance  and  the
provision  of  perpetual care of a state veterans' cemetery for a period
of not less than fifteen years, provided  that  such  amount  shall  not
include  any amount that shall be reimbursed or contributed to the ceme-
tery from the government of the United States or any amount  that  would
be  recoverable  by  the  cemetery  pursuant  to a charge of fee for the
provision of a grave site for a non-veteran spouse or family member.  In
making  such  a certification, the director of the division of veterans'
services, the director of the division of the budget,  the  director  of
the  department of state's division of cemeteries, and the office of the
state comptroller shall consider, but are not limited to, the  following
factors:
  (i)  physical  attributes  of  the  veterans cemetery, including size,
location, and terrain;
  (ii) management and  operation,  including  staffing  costs,  cost  of
equipment and equipment maintenance, and security costs;
  (iii)  relevant  state and federal requirements and specifications for
interment and perpetual care;
  (iv) estimates provided by the United States  department  of  veterans
affairs;
  (v) any other fiscal cost, charge or assessment that would be incurred
by the cemetery.
  (c) By no later than ninety days following the issuance of the report,
pursuant to the rules and regulations issued under paragraph (h) of this
subdivision,  the  director  shall  issue,  on behalf of the division, a
request for proposals for any local  government  desiring  to  have  the
first  state veterans cemetery located within its political subdivision.
Such request for proposals shall be returnable to  the  division  by  no
later  than  sixty  days  following  the  issuance  of  the  request for
proposals.
  (d)] No later than sixty days following the [deadline for  the  return
of requests for proposals] SUBMISSION OF THE REPORT OF THE INVESTIGATION
AND  STUDY  CONCLUSIONS pursuant to paragraph [(c)] (A) of this subdivi-
sion, the director[, in consultation with the management  board  of  the
first  New  York  state  veterans cemetery,] shall select a site for the
first New York state veterans cemetery.  In  selecting  such  site,  the
director shall consider:
  (i)  The investigation and study, and the report produced by the same,
pursuant to paragraph (a) of this subdivision;
  (ii) [The submitted responses to the  requests  for  proposals  issued
pursuant to paragraph (b) of this subdivision;
  (iii)]  The  guidelines  for  receipt  of federal funding specified in
section 2408 of title 38 of the United States code, part 39 of title  38
of the code of federal regulations, and any other relevant federal stat-
ute or regulation;
  [(iv)]  (III)  The  possibility  of  funding from private individuals,
corporations or foundations; and
  [(v)] (IV) Any other consideration that would facilitate the  success-
ful operation of the first New York state veterans cemetery.
  [(e)]  (C)  No  later  than thirty days following the selection of the
site pursuant to paragraph [(d)] (B) of this subdivision, the director[,
in consultation with the management board of the first  New  York  state

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veterans  cemetery,]  shall commence the application process for funding
from the government of the United States, in accordance with  the  grant
requirements  specified in section 2408 of title 38 of the United States
code,  part  39  of title 38 of the code of federal regulations, and any
other relevant federal statute or regulation, for the purpose of seeking
funds to support the construction,  establishment,  expansion,  improve-
ment,  support,  operation,  maintenance  and the provision of perpetual
care of New York state's first veterans cemetery. Such grant application
shall be based on a site selected pursuant to  paragraph  [(d)]  (B)  of
this  subdivision,  and  shall  be  consistent  with  the guidelines for
receipt of federal funding pursuant to the relevant provisions of feder-
al law.
  [(f)] (D) A management board for the first  New  York  state  veterans
cemetery  shall  be  appointed  pursuant  to  subdivision  three of this
section.
  [(g) Nothing in this section shall be construed to authorize the divi-
sion of veterans' services to commence an investigation and study pursu-
ant to  paragraph  (a)  of  this  subdivision,  issuing  a  request  for
proposals  pursuant  to  paragraph  (c) of this subdivision, selecting a
site for the first New York state veterans' cemetery pursuant  to  para-
graph (d) of this subdivision, or submitting any application for funding
from  the  government  of the United States in accordance with the grant
requirements specified in section 2408 of title 38 of the United  States
code,  part 30 of title 38 of the code of federal regulations, and other
relevant federal statutes or regulations, for  the  purpose  of  seeking
funds  to  support  the construction, establishment, expansion, improve-
ment, support, operation, maintenance and  the  provision  of  perpetual
care  of New York state's first veterans' cemetery pursuant to paragraph
(e) of this subdivision until the funds in the veterans remembrance  and
cemetery  maintenance and operation fund have been certified pursuant to
paragraph (b) of this subdivision.]
  [(h)] (E) The director shall promulgate rules and regulations  govern-
ing:
  (i) [The guidelines and standards for the construction, establishment,
expansion,   improvement,   support,   operation,  maintenance  and  the
provision of perpetual care for a state veterans cemetery.  Such  guide-
lines shall include, but not be limited to:
  (1) The size and terrain of the cemetery;
  (2)  The  management  and operation of the cemetery, including but not
limited to:
  (A) Hours of operation;
  (B) Employees, employee relations, and employee duties;
  (C) The conduct and practice of events, ceremonies and programs;
  (D) The filing and compliance of the cemetery with state  and  federal
regulators; and
  (E)  Such  other  and further operational and management practices and
procedures as the director shall  determine  to  be  necessary  for  the
successful operation of a state veterans cemetery.
  (3) The layout of plots;
  (4)  The  locations  of building and infrastructure, including but not
limited to:
  (A) Electrical lines and facilities;
  (B) Waterlines, irrigation systems, and drainage facilities;
  (C) Trees, flowers and other plantings;
  (D) Non gravesite memorials, gravesite memorials,  mausoleums,  colum-
barium  niches,  headstones, grave markers, indoor interment facilities,

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committal-service shelters, signage,  flag  poles,  and  other  memorial
gathering spaces or infrastructure;
  (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
  (F) Ponds, lakes and other water sites;
  (G)  Retaining walls, gates, fences, security systems or other devices
for cemetery protection; and
  (H) Any other buildings, structures or  infrastructure  necessary  for
the safe, efficient and effective operation of the cemetery;
  (5)  The  qualifications for interment, consistent with the provisions
of state and federal law and any requirements pursuant to the receipt of
federal, state, local or private funds;
  (6) The location and placement of interments;
  (7) Consistent with the provisions of state and federal  law  and  any
requirements pursuant to the receipt of federal, state, local or private
funds,  the  financial  management  of  the  cemetery, including but not
limited to:
  (A) The procedures for the protection and implementation of the  ceme-
tery's annual budget;
  (B)  The  seeking,  collecting,  deposit  and expenditure of operating
funds pursuant to the cemetery's budget;
  (C) The seeking, collecting, deposit and expenditure of capital  funds
pursuant to the cemetery's capital plan;
  (D)  The  seeking,  collecting,  deposit  and expenditure of emergency
funds to address an unexpected event;
  (E) The assessment, charging,  collection  and  deposit  of  fees  and
charges;
  (F) The management of cemetery finances, both current and future, with
respect to investments; and
  (G)  Such  other  and further procedures and activities concerning the
financial management of the cemetery;
  (8) The provision of perpetual care for the  cemetery,  including  but
not limited to:
  (A)  The  frequency,  standards and methods for the beautification and
maintenance of grounds,  memorials,  gravesites,  buildings,  ceremonial
sites, or other locations within, or upon the curtilage of the cemetery;
  (B)  The  frequency, standards and methods for the provision of flags,
patriotic and military  symbols,  and  other  honorary  items,  at  each
gravesite and throughout the cemetery; and
  (C)  Such  other  and further standards as are necessary to assure the
proper perpetual care of the cemetery in a manner befitting the  highest
level  of  honor and respect deserving to those veterans and their fami-
lies interred in the cemetery;
  (9) Guidelines and standards for the procurement of land for the ceme-
tery providing that the state veterans cemetery, and  all  the  property
upon which it resides shall be owned in fee simple absolute by the state
of New York;
  (10) Guidelines and standards for the practices and procedures for the
construction  and  establishment of a state veterans cemetery, including
contracting  and  purchasing  for  construction  services,  professional
services,  legal  services, architectural services, consulting services,
as well as the procurement of materials, all consistent with  the  rele-
vant provisions of federal, state and local law, the regulations promul-
gated  thereunder,  and the requirements contained in the grants awarded
or pursued from the federal government, or any source of  private  fund-
ing;

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  (11) Guidelines and standards for the practices and procedures for the
expansion  and  improvement  of  a  state  veterans  cemetery, including
contracting  and  purchasing  for  construction  services,  professional
services,  legal  services, architectural services, consulting services,
as  well  as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the  grants  awarded
or  pursued  from the federal government, or any source of private fund-
ing;
  (12) Any other guidelines and  standards  that  would  facilitate  the
successful construction, establishment, expansion, improvement, support,
operation, maintenance and the provision of perpetual care for the state
veterans cemetery;
  (ii)  Guidelines  and  standards for the request for proposals for any
local government desiring to have the  first  state  veterans'  cemetery
located  within  its political subdivision, pursuant to paragraph (b) of
this subdivision, including, but not limited to:
  (1) The form, requirements and standards required for submission of  a
response to the request for proposals;
  (2)  The requirement, if the director so elects, that a response shall
require the local government to agree to contract with the state of  New
York that all costs for construction, establishment, expansion, improve-
ment,  support,  operation,  maintenance  and the provision of perpetual
care of the veterans cemetery shall be the sole responsibility  of,  and
paid  by the local government, and that to the extent such costs are not
paid or reimbursed by the government of the United States, or a  private
individual, corporation or foundation;
  (3)  The  requirement  that  the local government will comply with all
state and federal statutes and regulations concerning the  construction,
establishment,  expansion,  improvement, support, operation, maintenance
and the provision of perpetual care of the state veterans cemetery,  and
shall  satisfy  any  and  all applicable state and federal standards and
requirements for the perpetual care of the state veterans cemetery;
  (4) That the state veterans cemetery, and all the property upon  which
it  resides  shall  be  owned in fee simple absolute by the state of New
York;
  (5) That all lands upon which such cemetery is constructed and  estab-
lished  shall  be  used solely for state veterans cemetery purposes, and
for the purpose of providing the honor and remembrance of  veterans  and
their service through ceremonies and programs;
  (6) The requirement that a response shall require the local government
to agree to authorize the state of New York, in the event that the local
government  fails to perform its obligations under the contract with the
state of New York, that the state director of the division of  veterans'
services  shall  certify  to  the  comptroller any unpaid amounts or any
amounts necessary for the state to  assume  the  obligations  which  the
local  government  failed  to perform, and the comptroller shall, to the
extent not otherwise prohibited by law, withhold such  amount  from  any
state  aid  or  other  amount  payable  to such local government; to the
extent that sufficient funds are not available for such withholding, the
state may pursue any and all available legal  remedies  to  enforce  the
terms of the contract entered into between the state and a local govern-
ment pursuant to this subdivision; and
  (7)  Such  other  and  further  requirements  as the director may deem
prudent in the facilitation of the successful siting and operation of  a
state veterans cemetery in the jurisdiction of the local government; and

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  (iii)]  THE MANAGEMENT, OPERATION, MAINTENANCE, EXPANSION AND IMPROVE-
MENT OF THE CEMETERY; AND
  (II)  Such other and further guidelines and standards as are necessary
for the successful construction, establishment, expansion,  improvement,
support,  operation, maintenance and the provision of perpetual care for
a state veterans cemetery;
  [(i) Upon the approval of the application for funding from the govern-
ment of the United States, made pursuant to paragraph (e) of this subdi-
vision, the director, upon consultation with the management board, shall
commence the process of construction  and  establishment  of  the  first
state veterans cemetery. Such process shall be consistent with the rele-
vant provisions of local, state and federal law, and the rules and regu-
lations established pursuant to paragraph (h) of this subdivision.]
  3.  Management  boards  of New York state veterans cemeteries. (a) For
each New York state veterans cemetery there shall be a management board.
Each such management board shall consist of nine members, including  the
director  of  the  division  who shall serve as chair, and four members,
appointed by the governor. Of such four  members,  not  fewer  than  two
shall  be  a  veteran of the United States army, the United States navy,
the United States air force, the United States  marines,  the  New  York
army national guard, the New York air national guard, the New York naval
militia, or a member who has served in a theater of combat operations of
the  United States coast guard or the United States merchant marine. Two
members shall be appointed by the temporary president of the senate, and
two members shall be appointed by the speaker of the state assembly.  At
least  one  of  the  members appointed by the temporary president of the
senate and at least one of the members appointed by the speaker  of  the
assembly shall be a veteran of the United States army, the United States
navy,  the  United  States air force, the United States marines, the New
York army national guard, the New York air national guard, the New  York
naval  militia,  or a member who has served in a theater of combat oper-
ations of the United States coast guard or the  United  States  merchant
marine. No member shall receive any compensation for his or her service,
but  members  who  are  not  state officials may be reimbursed for their
actual and necessary expenses, including  travel  expenses  incurred  in
performance  of  their duties. The management board may consult with any
federal, state or  local  entity  for  the  purposes  of  advancing  its
purposes, mission and duties.
  (b)  The management board shall advise, by majority vote, the director
on  issues  concerning  the  [construction,  establishment,   expansion,
improvement,  support,  operation,  maintenance  and  the  provision  of
perpetual care] OPERATIONS AND PERPETUAL CARE for the veterans cemetery,
including but not limited to issues  of  financial  concern,  employment
relations, cemetery policy, cemetery events and programs, and such other
and further issues as the board and director shall deem important.
  (C) THE DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD OF A STATE
VETERANS  CEMETERY,  MAY PROVIDE FOR THE EXPANSION AND/OR IMPROVEMENT OF
THE CEMETERY. SUCH EXPANSION  AND  IMPROVEMENT  SHALL  BE  CONDUCTED  IN
ACCORDANCE  WITH  THE  RULES AND REGULATIONS OF THE DIVISION UNDER PARA-
GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION.
  4. Additional state veterans cemeteries. (a) [Not later than ten years
after the construction and establishment of the  first  New  York  state
veterans  cemetery,  and  every  ten  years thereafter, the division, in
cooperation with the United States department of veterans affairs, shall
conduct an investigation and study on the issue of the construction  and
establishment  of  additional  New  York state veterans cemeteries. Such

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investigation and study shall consider, but not be limited to, the study
parameters established pursuant to paragraph (a) of subdivision  two  of
this  section.  A  report  of the investigation and study required to be
conducted  pursuant to this subdivision shall be delivered to the gover-
nor, the temporary president of the senate, the speaker of the  assembly
and the chair of the senate committee on veterans, homeland security and
military  affairs,  and the chair of the assembly committee on veterans'
affairs, by no later than ninety days after the division  has  commenced
the conduct of the investigation and study;
  (b) The report of the investigation and study required to be conducted
pursuant to this subdivision shall provide a determination by the direc-
tor  as  to whether the state should construct and establish one or more
additional veterans cemeteries, and shall state the reasoning and  basis
for such determination; and
  (c)] The division may, at the discretion of the director, [at any time
after five years from the completion of construction of the most recent-
ly  constructed and established state veterans cemetery,] in cooperation
with the United States department of veterans affairs, conduct an inves-
tigation and study on the issue of the construction and establishment of
additional New York state veterans cemeteries. A report of the  investi-
gation  and  study  required  to  be conducted shall be delivered to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly  and  the  chair  of the senate committee on veterans, homeland
security and military affairs, and the chair of the  assembly  committee
on  veterans'  affairs,  by no later than ninety days after the division
has commenced the conduct of the investigation and study.
  [(d)] (B) If the director, pursuant to  the  investigation  and  study
conducted  pursuant  to this subdivision, determines that there shall be
an additional state veterans cemetery in New York  state,  the  director
shall  provide for the construction and establishment of such new veter-
ans cemetery pursuant to the  same  guidelines  and  standards  for  the
construction  and  establishment  of  the  first state veterans cemetery
under this section.
  [5. Expansion and improvement of existing state  veterans  cemeteries.
The  director,  in  consultation  with  the  management board of a state
veterans cemetery, may provide for the expansion and/or  improvement  of
the  cemetery.  Such  expansion  and  improvement  shall be conducted in
accordance with the rules and regulations of the  division  under  para-
graph (h) of subdivision two of this section.]
  §  2.  The  opening  paragraph  of  paragraph (a) of subdivision 12 of
section 353 of the executive law, as added by section 3  of  part  W  of
chapter 57 of the laws of 2013, is amended to read as follows:
  For  the  purpose  of  providing  for the construction, establishment,
expansion,  improvement,  support,  operation,   maintenance   and   the
provision  of  perpetual  care for state veterans cemeteries, TO OWN AND
OPERATE, AND TO ENTER INTO SUCH CONTRACTS THAT ARE  NECESSARY  FOR  SUCH
OWNERSHIP  AND OPERATION FOR ALL STATE VETERANS CEMETERIES IN THE STATE,
to seek funding from, and make application for funding to:
  § 3. This act shall take effect immediately.

                                 PART P

  Section 1. The education law is amended by adding a new section 363 to
read as follows:
  § 363. CURING ALZHEIMER'S HEALTH CONSORTIUM. 1. THERE IS HEREBY ESTAB-
LISHED WITHIN THE STATE UNIVERSITY OF NEW YORK  THE  CURING  ALZHEIMER'S

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HEALTH  CONSORTIUM. THE CONSORTIUM SHALL HAVE AS ITS PURPOSE TO IDENTIFY
GENES THAT PREDICT AN INCREASED RISK FOR DEVELOPING THE DISEASE, COLLAB-
ORATING WITH RESEARCH INSTITUTIONS WITHIN THE STATE  UNIVERSITY  OF  NEW
YORK  SYSTEM,  AND  THE  DEPARTMENT  OF HEALTH, IN RESEARCH PROJECTS AND
STUDIES TO IDENTIFY OPPORTUNITIES TO DEVELOP NEW  THERAPEUTIC  TREATMENT
AND CURES FOR ALZHEIMER'S.
  2.  THE  STATE  UNIVERSITY  OF  NEW  YORK  SHALL  ISSUE  A REQUEST FOR
PROPOSALS TO PARTNER WITH HOSPITALS BOTH WITHIN THE STATE UNIVERSITY  OF
NEW  YORK  AND  OTHER  NOT-FOR-PROFIT ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW HOSPITALS AND NON-PROFIT  HIGHER  EDUCATION  RESEARCH  INSTI-
TUTIONS  TO  MAP THE GENOMES OF INDIVIDUALS SUFFERING FROM OR AT RISK OF
ALZHEIMER'S.
  § 2. This act shall take effect immediately.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  §  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through P of this act shall  be
as specifically set forth in the last section of such Parts.