Senate Bill S9312A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9312
 
                             I N  S E N A T E
 
                               May 10, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to removing  the  tax
   cap limitation from the calculation of local share of expenditures for
   the  implementation  of  raise  the  age programs and to establish the
   youth justice innovation fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 54-m of the state finance law, as added by section
 104 of part WWW of chapter 59 of the laws of 2017, is amended to read as
 follows:
   § 54-m. Local share requirements associated with increasing the age of
 juvenile  jurisdiction  above fifteen years of age.  Notwithstanding any
 other provision of law to the contrary, counties and  the  city  of  New
 York  shall  not  be  required  to  contribute a local share of eligible
 expenditures that would not have been incurred absent the provisions  of
 [a] PART WWW OF chapter FIFTY-NINE of the laws of two thousand seventeen
 [that  added  this  section  unless  the most recent budget adopted by a
 county that is subject to the  provisions  of  section  three-c  of  the
 general  municipal  law  exceeded  the tax levy limit prescribed in such
 section or the local government is not  subject  to  the  provisions  of
 section  three-c  of  the general municipal law; provided, however, that
 the state budget director shall be authorized to waive any  local  share
 of  expenditures  associated  with a chapter of the laws of two thousand
 seventeen that increased the age of juvenile jurisdiction above  fifteen
 years  of  age,  upon a showing of financial hardship by a county or the
 city of New York upon application in the form and manner  prescribed  by
 the division of the budget. In evaluating an application for a financial
 hardship waiver, the budget director shall consider the incremental cost
 to  the locality related to increasing the age of juvenile jurisdiction,
 changes in state or federal aid payments, and other extraordinary costs,
 including the occurrence of a disaster as  defined  in  paragraph  a  of
 subdivision two of section twenty of the executive law, repair and main-
 tenance  of  infrastructure,  annual  growth  in tax receipts, including

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

                                                            LBD13692-04-4
 S. 9312                             2

 personal income, business and other taxes, prepayment  of  debt  service
 and  other  expenses, or such other factors that the director may deter-
 mine].
   §  2.   The state finance law is amended by adding a new section 89-gg
 to read as follows:
   § 89-GG. YOUTH JUSTICE INNOVATION FUND. 1.  A FUND TO BE KNOWN AS  THE
 "YOUTH  JUSTICE INNOVATION FUND" IS HEREBY ESTABLISHED IN THE CUSTODY OF
 THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
   2. THE FUND SHALL CONSIST OF FIFTY MILLION DOLLARS TRANSFERRED TO  THE
 ACCOUNT  BY THE COMPTROLLER PURSUANT TO A PLAN DEVELOPED BY THE DIRECTOR
 OF THE BUDGET FROM FUNDS MADE AVAILABLE  FOR  THE  PURPOSES  OF  FUNDING
 RAISE  THE  AGE REQUIREMENTS, AND ANY INTEREST EARNINGS WHICH MAY ACCRUE
 FROM THE INVESTMENT OF MONIES IN  THE  FUND.  NOTHING  CONTAINED  HEREIN
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3.  MONIES  OF THE FUND SHALL BE AVAILABLE TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES AND SHALL BE PROVIDED TO COMMUNITY-BASED  ORGANIZATIONS
 TO  BE  EXPENDED  FOR  SERVICES  AND  PROGRAMS WITH THE PURPOSE OF YOUTH
 DEVELOPMENT AND PREVENTING YOUTH ARREST  AND  INCARCERATION,  INCLUDING,
 BUT  NOT  LIMITED  TO,  THOSE PROVIDING VIOLENCE-PREVENTION SERVICES FOR
 YOUTH, ALTERNATIVES TO DETENTION, PLACEMENT AND  INCARCERATION  PROGRAMS
 FOR YOUTH, AND REENTRY, EDUCATION, AND EMPLOYMENT TRAINING AND PLACEMENT
 PROGRAMS  FOR  YOUTH.  SUCH  FUNDING  SHALL  SUPPLEMENT AND NOT SUPPLANT
 EXISTING STATE SUPPORTS FOR LOCAL PROBATION SERVICES  UNDER  THE  "RAISE
 THE AGE" LAW.
   4.  ON  OR BEFORE THE FIRST DAY OF MARCH OF EACH YEAR, THE DIRECTOR OF
 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE A WRITTEN REPORT
 TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,
 THE  MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,
 THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE  ASSEMBLY
 WAYS  AND  MEANS  COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON CODES,
 THE CHAIR OF THE ASSEMBLY COMMITTEE ON CODES, THE STATE COMPTROLLER, AND
 THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF  THE  FUND  WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   5.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  DIRECTOR  OF
 THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  3.    This  act  shall  take  effect immediately and shall apply to
 expenditures made on and after April 1, 2023.