The New York State Senate

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

                                 6349--A

                            I N  S E N A T E

                             January 6, 2016
                               ___________

Introduced  by Sens. CARLUCCI, ROBACH -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Crime  Victims,
  Crime  and  Correction  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT in relation to the examination of  an  incarcerated  individual's
  re-entry  planning;  and  providing  for the repeal of such provisions
  upon expiration thereof

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

  Section  1.  The office of temporary and disability assistance and the
department of corrections and community supervision shall examine, eval-
uate and make recommendations on any current sanctions  or  barriers  to
re-entry  to  the community after a sentence of incarceration that exist
in statute, law, regulation, policy or practice of the  state  or  local
social services districts that have an impact on individuals prior to or
after  their  release  from incarceration.   The topics examined by such
office and department shall, include, but not be  limited  to  any  such
sanctions  or  barriers  to  re-entry that may be found in the following
areas:
  (a) Housing;
  (b) Medical;
  (c) Mental health counseling;
  (d) Substance abuse and addiction services;
  (e) Employment;
  (f) Benefits programs; and
  (g) Childcare services.
  S 2. The office of temporary and disability assistance and the depart-
ment of corrections and community supervision shall  request  and  shall
receive any available information from state and local agencies that are
relevant and material to the study required by section one of this act.
  S  3.  Within  twelve  months  of  the effective date of this act, the
commissioner of the office of temporary and  disability  assistance  and
the  commissioner  of the department of corrections and community super-
vision shall submit a report to the governor, the temporary president of

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

                                                           LBD13408-03-6

S. 6349--A                          2

the senate, the speaker of the assembly,  the  minority  leader  of  the
senate  and  minority leader of the assembly and the chairs of the rele-
vant committees in both the senate and assembly, on  such  office's  and
such  department's  findings,  conclusions and recommendations and shall
submit therewith such legislative  or  regulatory  proposals  as  deemed
necessary to implement their recommendations.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed one year after it shall have become a law.

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

                                 5323--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sens.  BOYLE,  COMRIE, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  --  recommitted  to the Committee on Finance in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the executive law and the criminal procedure law, in
  relation to requiring individuals arrested in connection with  certain
  felonies to submit a DNA sample

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

  Section 1. Section 995 of the executive law is amended by adding a new
subdivision 7-a to read as follows:
  7-A. "FELONY ARRESTEE" MEANS A PERSON ARRESTED AND  CHARGED  WITH  ANY
ONE  OR MORE OF THE FOLLOWING FELONIES, OR AN ATTEMPT THEREOF WHERE SUCH
ATTEMPT IS A FELONY OFFENSE, AS  DEFINED  IN  SECTIONS  130.25,  130.30,
130.35,  130.40, 130.45, 130.50, 130.53, 130.65, 130.66, 130.67, 130.70,
130.75, 130.80, 130.95 AND 130.96 OF THE  PENAL  LAW,  RELATING  TO  SEX
OFFENSES; AND THE VICTIM IS LESS THAN THIRTEEN YEARS OLD.
  S 2. Subdivision 3 of section 995-c of the executive law is amended by
adding four new paragraphs (c), (d), (e) and (f) to read as follows:
  (C)  A FELONY ARRESTEE SHALL BE REQUIRED TO PROVIDE A SAMPLE APPROPRI-
ATE FOR DNA TESTING UPON HIS OR HER ARREST, UNLESS SUCH FELONY  ARRESTEE
HAS PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDEN-
TIFICATION INDEX.
  (D)  A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER OR FELONY
ARRESTEE WHO HAS NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED  SHALL
SEEK AN ORDER OF THE COURT TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER
WRITTEN OR ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE.
  (E)  THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON BASED
UPON DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION  INDEX  SHALL
NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
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S. 5323--A                          2

NAL  JUSTICE  SERVICES  INADVERTENTLY,  BUT  IN GOOD FAITH, COLLECTED OR
PLACED THE PERSON'S DNA SAMPLE IN THE INDEX.
  (F)  THE  COMMISSIONER  OF  CRIMINAL JUSTICE SERVICES SHALL PROMULGATE
RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF THE DNA IDENTIFI-
CATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX CONTAINS DNA PROFILES
THAT SHOULD NOT BE IN  THE  INDEX,  INCLUDING  THE  STEPS  NECESSARY  TO
EXPUNGE  ANY  PROFILES  WHICH  THE DIVISION OF CRIMINAL JUSTICE SERVICES
DETERMINES SHOULD NOT BE IN THE INDEX.
  S 3. Subdivision 9 of section 995-c of the executive law,  as  amended
by chapter 524 of the laws of 2002, is amended to read as follows:
  9.  (a)  Upon  receipt of notification of a reversal or a vacatur of a
conviction, or of the granting of a pardon pursuant to article two-A  of
this  chapter,  of an individual whose DNA record has been stored in the
state DNA identification index in accordance with this  article  by  the
division  of criminal justice services, the DNA record shall be expunged
from the state DNA identification index, and such individual  may  apply
to  the court in which the judgment of conviction was originally entered
for an order directing  the  expungement  of  any  DNA  record  and  any
samples,  analyses,  or  other  documents relating to the DNA testing of
such individual in connection with the investigation or  prosecution  of
the  crime which resulted in the conviction that was reversed or vacated
or for which the pardon was granted. A copy of such application shall be
served on the district attorney and an order directing  expungement  may
be  granted  if  the  court  finds  that  all  appeals  relating  to the
conviction have  been  concluded;  that  such  individual  will  not  be
retried, or, if a retrial has occurred, the trier of fact has rendered a
verdict  of  complete acquittal, and that expungement will not adversely
affect the investigation or prosecution of some other person or  persons
for  the  crime.  The  division  shall, by rule or regulation, prescribe
procedures to ensure that the DNA record in the state DNA identification
index, and any samples, analyses, or other documents  relating  to  such
record,  whether  in the possession of the division, or any law enforce-
ment or police agency, or any forensic  DNA  laboratory,  including  any
duplicates  or copies thereof, at the discretion of the possessor there-
of, are either destroyed or returned  to  such  individual,  or  to  the
attorney  who  represented him or her at the time such reversal, vacatur
or pardon, was granted. The commissioner shall also adopt  by  rule  and
regulation  a procedure for the expungement in other appropriate circum-
stances of DNA records contained in the index.
  (b) As prescribed in this paragraph, if an individual,  either  volun-
tarily,  PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION,
or pursuant to a warrant or order of a court, has provided a sample  for
DNA  testing in connection with the investigation, ARREST or prosecution
of a crime and (i) no criminal action against the individual relating to
such crime was commenced within the period specified by section 30.10 of
the criminal procedure law, or (ii)  a  criminal  action  was  commenced
against  the  individual  relating  to  such  crime  which resulted in a
complete acquittal, or (iii) a criminal action WAS COMMENCED against the
individual relating to such crime [resulted in  a  conviction  that  was
subsequently reversed or vacated, or for which the individual was grant-
ed  a  pardon pursuant to article two-A of this chapter, such individual
may apply to the supreme court or the court in  which  the  judgment  of
conviction was originally entered for an order directing the expungement
of any DNA record and any samples, analyses, or other documents relating
to  the  DNA  testing of such individual in connection with the investi-
gation or prosecution of such crime. A copy of such application shall be

S. 5323--A                          3

served on the district attorney and an order directing  expungement  may
be  granted  if  the  court  finds that the individual has satisfied the
conditions of one of the subparagraphs of  this  paragraph;  that  if  a
judgment  of  conviction  was  reversed or vacated, all appeals relating
thereto have been concluded and the individual will not be retried,  or,
if  a  retrial has occurred, the trier of fact has rendered a verdict of
complete acquittal, and that expungement will not adversely  affect  the
investigation  or  prosecution  of  some other person or persons for the
crime. If an order directing the expungement of any DNA record  and  any
samples, analyses or other documents relating to the DNA testing of such
individual  is  issued]  WHICH  WAS  RESOLVED BY A DISMISSAL, SUCCESSFUL
COMPLETION  OF  A  PRE-PROSECUTION  DIVERSION  PROGRAM,  OR  CONDITIONAL
DISCHARGE  OR MISDEMEANOR CONVICTION THAT DID NOT REQUIRE DNA COLLECTION
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS  ARTICLE,  THE  DNA
RECORD  SHALL  BE  EXPUNGED  FROM THE STATE DNA IDENTIFICATION INDEX. AN
INDIVIDUAL MAY REQUEST EXPUNGEMENT OF ANY DNA RECORD  AND  ANY  SAMPLES,
ANALYSES OR OTHER DOCUMENTS RELATING TO THE DNA TESTING OF SUCH INDIVID-
UAL  BY  PROVIDING  THE  FOLLOWING MATERIALS TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES:
  (1) A WRITTEN REQUEST FOR EXPUNGEMENT OF THE SAMPLE AND  DNA  RECORDS;
AND
  (2)  A  CERTIFIED  COPY  OF  THE DISMISSAL, SUCCESSFUL COMPLETION OF A
PRE-PROSECUTION DIVERSION PROGRAM OR A CONDITIONAL DISCHARGE,  MISDEMEA-
NOR CONVICTION OR ACQUITTAL; AND
  (3)  A SWORN STATEMENT FROM THE DISTRICT ATTORNEY'S OFFICE WITH JURIS-
DICTION OVER THE MATTER THAT: THE CASE WAS DISMISSED; A  PRE-PROSECUTION
DIVERSION  PROGRAM  OR  CONDITIONAL  DISCHARGE,  MISDEMEANOR  CONVICTION
EXCLUDED  FROM  DNA  COLLECTION  PURSUANT  TO   SECTION   NINE   HUNDRED
NINETY-FIVE  OF  THIS  ARTICLE  OR ACQUITTAL OCCURRED; NO FELONY CHARGES
AROSE OUT OF THE ARREST; OR NO CRIMINAL ACTION  AGAINST  THE  INDIVIDUAL
RELATING  TO  SUCH  CRIME  WAS  COMMENCED WITHIN THE PERIOD SPECIFIED BY
SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW; AND THAT  EXPUNGEMENT  WILL
NOT  ADVERSELY  AFFECT  THE  INVESTIGATION  OR PROSECUTION OF SOME OTHER
PERSON OR PERSONS FOR THE CRIME.
  (C) IF EXPUNGEMENT IS WARRANTED PURSUANT TO PARAGRAPH (A)  OR  (B)  OF
THIS  SUBDIVISION, such record and any samples, analyses, or other docu-
ments shall, at the discretion of the possessor thereof, be destroyed or
returned to such individual or to the attorney who  represented  him  or
her  IN  THE  CRIMINAL ACTION OR in connection with the [application for
the order of] REQUEST FOR expungement.
  (D) NO EXPUNGEMENT SHALL BE GRANTED WHERE AN INDIVIDUAL  HAS  A  PRIOR
CONVICTION  REQUIRING A DNA SAMPLE, OR A PENDING FELONY CHARGE FOR WHICH
COLLECTION OF A SAMPLE IS AUTHORIZED PURSUANT TO THE PROVISIONS OF PARA-
GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
  S 4. Subdivision 6 of section 120.90 of the criminal procedure law, as
amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
follows:
  6.   Before bringing a defendant arrested pursuant to a warrant before
the local criminal court in which such warrant is returnable,  a  police
officer  must  without  unnecessary delay perform all fingerprinting and
other preliminary police duties required in the particular case.  In any
case in which the defendant is not brought by a  police  officer  before
such  court  but,  following his arrest in another county for an offense
specified in subdivision  one  of  section  160.10  OF  THIS  TITLE,  is
released  by  a  local  criminal  court  of such other county on his own
recognizance or on bail for his appearance on a  specified  date  before

S. 5323--A                          4

the  local  criminal  court  before which the warrant is returnable, the
latter court must, upon arraignment of the defendant before  it,  direct
that  he  be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
TAKEN, IF REQUIRED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE
EXECUTIVE  LAW, by the appropriate officer or agency, and that he appear
at an appropriate designated time and place for such purpose.
  S 5. Section 130.60 of the criminal procedure law, as amended by chap-
ter 95 of the laws of 1991, subdivision 1 as amended by chapter  446  of
the laws of 1993, is amended to read as follows:
S 130.60 Summons; fingerprinting of defendant.
  1. Upon the arraignment of a defendant whose court attendance has been
secured  by the issuance and service of a summons, based upon an indict-
ment,  a  prosecutor's  information  or  upon  an  information,   felony
complaint  or  misdemeanor  complaint  filed  by  a complainant who is a
police officer, the court must, if an offense charged in the  accusatory
instrument is one specified in subdivision one of section 160.10 OF THIS
TITLE,  direct  that  the  defendant be fingerprinted by the appropriate
police officer or agency, and that he or she appear  at  an  appropriate
designated  time  and  place for such purpose.  IF AN OFFENSE CHARGED IN
THE ACCUSATORY INSTRUMENT IS ONE SPECIFIED  IN  SUBDIVISION  SEVEN-A  OF
SECTION  NINE  HUNDRED  NINETY-FIVE OF THE EXECUTIVE LAW, THE COURT MUST
DIRECT THAT A SAMPLE APPROPRIATE FOR DNA TESTING BE TAKEN, AND  THAT  HE
OR  SHE  APPEAR  AT  AN  APPROPRIATE  DESIGNATED TIME AND PLACE FOR SUCH
PURPOSE.
  2. Upon the arraignment of a defendant whose court attendance has been
secured by the issuance and service of a summons based upon an  informa-
tion or misdemeanor complaint filed by a complainant who is not a police
officer,  and  who  has not previously been fingerprinted OR FROM WHOM A
DNA SAMPLE HAS NOT PREVIOUSLY BEEN TAKEN AND WAS  REQUIRED  PURSUANT  TO
SECTION  NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, the court may,
if it finds reasonable cause to believe that the defendant has committed
an offense specified in subdivision one of section 160.10 OF THIS TITLE,
direct that the defendant be fingerprinted AND/OR HAVE A  SAMPLE  APPRO-
PRIATE  FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINE-
TY-FIVE-C OF THE EXECUTIVE LAW, by the  appropriate  police  officer  or
agency  and  that  he appear at an appropriate designated time and place
for such purpose. A defendant whose court appearance has been secured by
the issuance and service of a criminal summons based upon a  misdemeanor
complaint  or  information  filed  by  a complainant who is not a police
officer, must be directed by the court, upon conviction of  the  defend-
ant,  to  be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF  THE  EXECU-
TIVE LAW, by the appropriate police officer or agency and the court must
also  direct that the defendant appear at an appropriate designated time
and place for such purpose, if the defendant is convicted of any offense
specified in subdivision one of section 160.10 OF THIS TITLE.
  S 6. Subdivision 5 of section 140.20 of the criminal procedure law, as
amended by chapter 762 of the laws  of  1971,  is  amended  to  read  as
follows:
  5.  Before  service  of  an  appearance ticket upon an arrested person
pursuant to subdivision two or three OF THIS SECTION, the issuing police
officer must, if the offense designated in such appearance ticket is one
of those specified in subdivision one of section 160.10 OF  THIS  TITLE,
cause  such person to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR
DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C  OF

S. 5323--A                          5

THE  EXECUTIVE  LAW,  in  the  same  manner as would be required were no
appearance ticket to be issued or served.
  S 7. Subdivision 2 of section 140.27 of the criminal procedure law, as
amended  by  chapter  843  of  the  laws  of 1980, is amended to read as
follows:
  2.  Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision three OF THIS SECTION, must without
unnecessary delay bring him or cause him to be brought  before  a  local
criminal  court,  as  provided  in section 100.55 and subdivision one of
section 140.20 OF THIS TITLE, and must without unnecessary delay file or
cause to be filed therewith an appropriate accusatory  instrument.    If
the offense which is the subject of the arrest is one of those specified
in  subdivision one of section 160.10 OF THIS TITLE, the arrested person
must be fingerprinted and photographed, AND HAVE  A  SAMPLE  APPROPRIATE
FOR  DNA TESTING TAKEN IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C
OF THE EXECUTIVE LAW, as therein provided.   In  order  to  execute  the
required post-arrest functions, such arresting peace officer may perform
such  functions himself or he may enlist the aid of a police officer for
the performance thereof in the manner provided  in  subdivision  one  of
section 140.20 OF THIS ARTICLE.
  S 8. Section 150.70 of the criminal procedure law, as amended by chap-
ter 762 of the laws of 1971, is amended to read as follows:
S  150.70   Appearance ticket; fingerprinting AND DNA ANALYSIS SAMPLE of
             defendant.
  Upon the arraignment of a defendant who  has  not  been  arrested  and
whose  court  attendance has been secured by the issuance and service of
an appearance ticket pursuant to subdivision one of  section  150.20  OF
THIS  ARTICLE,  the  court must, if an offense charged in the accusatory
instrument is one specified in subdivision one of section 160.10 OF THIS
TITLE, direct that the defendant be fingerprinted   AND  HAVE  A  SAMPLE
APPROPRIATE  FOR DNA TESTING TAKEN WHEN REQUIRED BY SECTION NINE HUNDRED
NINETY-FIVE-C OF THE EXECUTIVE LAW by the appropriate police officer  or
agency,  and  that he appear at an appropriate designated time and place
for such purpose.
  S 9. Section 160.20 of the criminal procedure law, as amended by chap-
ter 108 of the laws of 1973, is amended to read as follows:
S 160.20  Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of  finger-
             prints AND DNA ANALYSIS SAMPLE.
  1.  Upon the taking of fingerprints of an arrested person or defendant
as prescribed in section 160.10 OF THIS ARTICLE, the appropriate  police
officer  or  agency must without unnecessary delay forward two copies of
such fingerprints to the division of criminal justice services.
  2.  UPON TAKING A SAMPLE APPROPRIATE FOR DNA TESTING, THE  APPROPRIATE
POLICE OFFICE OR AGENCY MUST WITHOUT UNNECESSARY DELAY STORE AND FORWARD
SUCH  DNA  SAMPLE  TO A FORENSIC DNA LABORATORY FOR FORENSIC DNA TESTING
AND ANALYSES, AND INCLUSION IN THE STATE  DNA  IDENTIFICATION  INDEX  IN
ACCORDANCE  WITH  SUBDIVISION FIVE OF SECTION NINE HUNDRED NINETY-FIVE-C
OF THE EXECUTIVE LAW.
  S 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the
criminal procedure law, paragraph (d) as amended by chapter 449  of  the
laws  of 2015 and paragraph (e) as amended by chapter 169 of the laws of
1994, are amended and a new paragraph (f) is added to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law

S. 5323--A                          6

enforcement agency upon ex parte motion in any superior court, or in any
district court, city court or the criminal court of the city of New York
provided  that such court sealed the record, if such agency demonstrates
to the satisfaction of the court that justice requires that such records
be  made  available to it, or (iii) any state or local officer or agency
with responsibility for the issuance of licenses to possess  guns,  when
the  accused  has  made  application for such a license, or (iv) the New
York state department of corrections and community supervision when  the
accused is on parole supervision as a result of conditional release or a
parole  release  granted  by the New York state board of parole, and the
arrest which is the subject of the inquiry is one which  occurred  while
the  accused was under such supervision, or (v) any prospective employer
of a police officer or peace officer  as  those  terms  are  defined  in
subdivisions  thirty-three and thirty-four of section 1.20 of this chap-
ter, in relation to an application for employment as a police officer or
peace officer; provided, however, that every person who is an  applicant
for  the  position of police officer or peace officer shall be furnished
with a copy of all records obtained under this paragraph and afforded an
opportunity to make  an  explanation  thereto,  or  (vi)  the  probation
department  responsible  for  supervision of the accused when the arrest
which is the subject of the inquiry is  one  which  occurred  while  the
accused was under such supervision; [and]
  (e)  where fingerprints subject to the provisions of this section have
been received by the division of criminal justice services and have been
filed by the division as digital images, such images  may  be  retained,
provided  that  a fingerprint card of the individual is on file with the
division which was not sealed pursuant to this section or section 160.55
of this article[.]; AND
  (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, AND  ANY
DNA  RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER DOCUMENTS
RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED  IN
ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
  S 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the
criminal  procedure  law, paragraph (d) as amended by chapter 449 of the
laws of 2015 and paragraph (e) as amended by chapter 169 of the laws  of
1994, are amended and a new paragraph (f) is added to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be  made  available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to  section  170.56
or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
parte motion in any superior court, or in any district court, city court
or the criminal court of the city of New York provided that  such  court
sealed  the  record,  if such agency demonstrates to the satisfaction of
the court that justice requires that such records be made  available  to
it,  or  (iii)  any state or local officer or agency with responsibility
for the issuance of licenses to possess guns, when the accused has  made
application for such a license, or (iv) the New York state department of
corrections  and  community supervision when the accused is under parole
supervision as a result of conditional release or parole release granted
by the New York state board of  parole  and  the  arrest  which  is  the
subject of the inquiry is one which occurred while the accused was under
such supervision, or (v) the probation department responsible for super-
vision  of  the  accused  when  the  arrest  which is the subject of the
inquiry is one which occurred while the accused was  under  such  super-

S. 5323--A                          7

vision, or (vi) a police agency, probation department, sheriff's office,
district attorney's office, department of correction of any municipality
and  parole  department,  for  law  enforcement purposes, upon arrest in
instances  in which the individual stands convicted of harassment in the
second degree, as defined in section 240.26 of the penal law,  committed
against  a  member  of the same family or household as the defendant, as
defined in subdivision one of section 530.11 of this chapter, and deter-
mined pursuant to subdivision eight-a of section 170.10 of  this  title;
[and]
  (e)  where fingerprints subject to the provisions of this section have
been received by the division of criminal justice services and have been
filed by the division as digital images, such images  may  be  retained,
provided  that  a fingerprint card of the individual is on file with the
division which was not sealed pursuant to this section or section 160.50
of this article[.]; AND
  (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, ANY  DNA
RECORD  RELATING  TO  SUCH  SAMPLE,  AND ANY ANALYSES OR OTHER DOCUMENTS
RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED  IN
ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
  S  12.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.

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

                                  7598

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  school  grade  or
  age requirements for certain immunizations

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

  Section 1. Paragraph b of subdivision 2 of section 2164 of the  public
health law, as amended by chapter 401 of the laws of 2015, is amended to
read as follows:
  b.  Every person in parental relation to a child in this state born on
or after  January  first,  nineteen  hundred  ninety-four  and  entering
[sixth]  SEVENTH  grade  or  a  comparable  age  level special education
program with an unassigned grade on or after September first, two  thou-
sand  [seven]  SIXTEEN,  shall have administered to such child a booster
immunization containing diphtheria and tetanus toxoids, and an acellular
pertussis vaccine, which meets the  standards  approved  by  the  United
States  public health service for such biological products, and which is
approved by the department under such conditions as may be specified  by
the public health council.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14300-01-6

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

                                  7597

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation  to  the  computation  of
  foundation  aid  and  addition  of  credit recovery aid for the Maisto
  Districts; to amend the local finance law, in relation to  calculation
  of  the  period  of  probable  usefulness regarding payment for Maisto
  Districts credit recovery aid; to amend the public authorities law, in
  relation to contracts between the dormitory authority and  the  Maisto
  Districts  or  the  New  York  state  association of small city school
  districts; and to amend the state finance law, in relation  to  estab-
  lishing the credit recovery financing reserve fund

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

  Section 1. Legislative intent: It is the responsibility of the  legis-
lature  under article XI of the constitution of the state of New York to
establish and maintain a system that will provide all children an oppor-
tunity to receive a meaningful high school education.  As  a  result  of
trial in State Supreme Court of MAISTO, ET AL. V STATE OF NEW YORK it is
clear  that  resources sufficient to offer that education in eight small
city school districts, known as the  Maisto  Districts,  are  not  being
provided  to  those districts under current education law. Therefore, it
is the intention of the legislature to amend certain provisions  of  the
education law to ensure that the necessary funding is available in those
districts  to  help  them  provide  all their children an opportunity to
receive a meaningful high  school  education  and  to  maintain  healthy
vibrant educational communities that underpin a thriving state economy.
  S  2.  This legislation shall be known and may be cited as "the Maisto
District successful schools act".
  S 3. Paragraph ff of subdivision 1 of section 3602  of  the  education
law, as added by section 25 of part A of chapter 58 of the laws of 2011,
is amended to read as follows:
  ff.  "Preliminary growth amount" shall mean the difference between the
statewide total,  excluding  the  apportionments  computed  pursuant  to
subdivisions  four, OTHER THAN SUCH APPORTIONMENTS FOR MAISTO DISTRICTS,

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

                                                           LBD14924-04-6

S. 7597                             2

and seventeen of section thirty-six hundred two of the education law, of
the apportionments  due  and  owing  during  the  current  school  year,
commencing  with  the  two thousand twelve--two thousand thirteen school
year, to school districts and boards of cooperative educational services
from  the  general  support  for  public schools as computed based on an
electronic data file used to produce the  school  aid  computer  listing
produced  by  the  commissioner in support of the enacted budget for the
current year, less the statewide total of such apportionments, excluding
the apportionments computed pursuant to subdivisions  four,  OTHER  THAN
SUCH APPORTIONMENTS FOR MAISTO DISTRICTS, and seventeen of section thir-
ty-six  hundred  two of the education law, due and owing during the base
school year to school districts and boards  of  cooperative  educational
services  from  the general support for public schools as computed based
on an electronic data file used to produce the school aid computer list-
ing produced by the commissioner in support of the  enacted  budget  for
the current year.
  S  4. Subdivision 1 of section 3602 of the education law is amended by
adding two new paragraphs hh and ii to read as follows:
  HH. "NEW YORK STATE ASSOCIATION OF SMALL CITY SCHOOL DISTRICTS"  SHALL
MEAN  THE ASSOCIATION OF DISTRICTS IN CITIES WITH POPULATIONS FEWER THAN
ONE HUNDRED TWENTY-FIVE THOUSAND PERSONS IN THE MOST RECENT CENSUS.
  II. "MAISTO DISTRICTS" SHALL MEAN THE SMALL CITY SCHOOL  DISTRICTS  OF
JAMESTOWN, KINGSTON, MOUNT VERNON, NEWBURGH, NIAGARA FALLS, PORT JERVIS,
POUGHKEEPSIE AND UTICA.
  S  5. Subdivision 18 of section 3602 of the education law, as added by
section 37 of part A of chapter 58 of the laws of 2011,  is  amended  to
read as follows:
  18. Allocable growth amount apportionment. Such amount shall be appor-
tioned  for  a school year pursuant to a chapter of the laws of New York
enacted for the state fiscal year in which such school  year  commences,
and  shall be allocated to purposes including but not limited to compet-
itive grant awards made pursuant to subdivisions five and six of section
thirty-six hundred forty-one of this article, the foundation aid  phase-
in  amount or other foundation aid increase allocated pursuant to subdi-
vision four of this section and the gap elimination adjustment  restora-
tion  amount  apportioned  pursuant  to  subdivision  seventeen  of this
section. In the event that a chapter of the laws of New York enacted for
the state fiscal year  in  which  such  school  year  commences  is  not
enacted,  the  allocations  in  support  of subdivisions five and six of
section thirty-six hundred forty-one of this  article  shall  equal  the
allocations  in  support of such awards in the base year, and the appor-
tionments pursuant to subdivisions four and seventeen  of  this  section
for  the  current  year shall equal the apportionments for such subdivi-
sions four and seventeen for the base year EXCEPT  THAT  THE  APPORTION-
MENTS OF THE FOUNDATION AID PHASE-IN AMOUNT FOR THE MAISTO DISTRICTS AND
MAISTO  DISTRICT CREDIT RECOVERY AID SHALL BE THE AMOUNT COMPUTED IN THE
CURRENT YEAR.
  S 6. The opening paragraph and paragraphs a and b of subdivision 4  of
section  3602  of the education law, as amended by section 5-a of part A
of chapter 56 of the laws of 2015, are amended to read as follows:
  In addition to any other apportionment pursuant  to  this  chapter,  a
school  district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total  aidable
foundation  pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or  foun-

S. 7597                             3

dation  formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand eight--two thousand nine  school
years,  no  school district shall receive total foundation aid in excess
of  the  sum of the total foundation aid base for aid payable in the two
thousand seven--two thousand eight  school  year  computed  pursuant  to
subparagraph (i) of paragraph j of subdivision one of this section, plus
the  phase-in  foundation  increase  computed pursuant to paragraph b of
this subdivision, and provided further that for the two thousand twelve-
-two thousand thirteen school year, no  school  district  shall  receive
total  foundation  aid  in excess of the sum of the total foundation aid
base for aid payable in the two  thousand  eleven--two  thousand  twelve
school  year computed pursuant to paragraph j of subdivision one of this
section, plus the phase-in  foundation  increase  computed  pursuant  to
paragraph  b  of this subdivision, and provided further that for the two
thousand thirteen--two thousand fourteen school year and thereafter,  no
school  district shall receive total foundation aid in excess of the sum
of the total foundation aid base computed pursuant  to  paragraph  j  of
subdivision  one  of this section, plus the phase-in foundation increase
computed pursuant to  paragraph  b  of  this  subdivision  and  provided
further  that total foundation aid shall not be less than the product of
the total foundation aid base computed pursuant to paragraph j of subdi-
vision one of this section and the due-minimum percent which  shall  be,
for  the  two  thousand  twelve--two  thousand thirteen school year, one
hundred and six-tenths percent (1.006) and for the  two  thousand  thir-
teen--two  thousand  fourteen  school  year for city school districts of
those cities having populations in excess  of  one  hundred  twenty-five
thousand  and  less than one million inhabitants one hundred and one and
one hundred and seventy-six thousandths percent (1.01176), and  for  all
other  districts  one  hundred and three-tenths percent (1.003), and for
the two thousand fourteen--two thousand fifteen school year one  hundred
and  eighty-five  hundredths  percent (1.0085), and for the two thousand
fifteen--two thousand sixteen  school  year,  one  hundred  thirty-seven
hundredths  percent  (1.0037),  subject  to  allocation  pursuant to the
provisions of subdivision eighteen of this section and any provisions of
a chapter of the laws of New York as described therein,  nor  more  than
the  product  of  such total foundation aid base and one hundred fifteen
percent, EXCEPT FOR MAISTO DISTRICTS WHICH SHALL BE ONE HUNDRED  TWENTY-
FIVE  PERCENT,  and provided further that for the two thousand nine--two
thousand ten through two thousand  eleven--two  thousand  twelve  school
years,  each  school  district  shall receive total foundation aid in an
amount equal to the amount apportioned to such school district  for  the
two  thousand  eight--two  thousand  nine  school  year pursuant to this
subdivision. Total aidable foundation pupil units  shall  be  calculated
pursuant  to  paragraph  g  of  subdivision two of this section. For the
purposes of calculating aid pursuant to this subdivision,  aid  for  the
city  school  district  of the city of New York shall be calculated on a
citywide basis.
  a. Foundation formula aid. Foundation  formula  aid  shall  equal  the
remainder  when  the  expected  minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index,  and
the  pupil  need  index,  or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
  (1) The foundation amount shall reflect the average per pupil cost  of
general  education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of  special  education  and
general  education  in  successful  school  districts, provided that the

S. 7597                             4

foundation amount shall be adjusted annually to reflect  the  percentage
increase in the consumer price index as computed pursuant to section two
thousand  twenty-two of this chapter, provided that for the two thousand
eight--two  thousand  nine  school year, for the purpose of such adjust-
ment, the percentage increase in  the  consumer  price  index  shall  be
deemed  to  be two and nine-tenths percent (0.029), and provided further
that the foundation amount for  the  two  thousand  seven--two  thousand
eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand eight through two thousand  fifteen--two  thousand  sixteen  school
years,  AND FOR THE MAISTO DISTRICTS FOR THE TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN THROUGH TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE
SCHOOL  YEARS,  the  foundation  amount shall be further adjusted by the
phase-in foundation percent established pursuant to paragraph b of  this
subdivision.
  (2)  The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that  require
similar  credentials  to  those of positions in the education field, but
not including those occupations in the education  field,  provided  that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141
          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3)  The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs  percent
shall  be  calculated pursuant to paragraph w of subdivision one of this
section.
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-
lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the  provisions
of  paragraph  e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with  such  provisions  plus  the
statewide  average  tax  rate  computed by the commissioner for the year
prior to the base year in accordance with such  provisions,  divided  by
three,  provided  however  that for the two thousand seven--two thousand
eight school year, such local tax factor shall  be  sixteen  thousandths
(0.016), and provided further that for the two thousand eight--two thou-

S. 7597                             5

sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index  shall  not  be
more  than  ninety-five  percent  (0.95) for the two thousand eight--two
thousand nine school year, and provided further that such income  wealth
index  shall  not  be  less than zero for the two thousand thirteen--two
thousand fourteen school year. The selected actual  valuation  shall  be
calculated  pursuant  to paragraph c of subdivision one of this section.
Total wealth foundation pupil units  shall  be  calculated  pursuant  to
paragraph h of subdivision two of this section.
  b.  Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product  of  the  phase-in  foundation  increase  factor
multiplied by the positive difference, if any, of (i) the product of the
total  aidable  foundation  pupil  units  multiplied  by  the district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
  (2) (i) Phase-in foundation percent. The phase-in  foundation  percent
shall  equal  one  hundred  thirteen and fourteen one hundredths percent
(1.1314) for the two thousand eleven--two thousand twelve  school  year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand  twelve--two  thousand  thirteen school year, one hundred seven
and sixty-eight hundredths percent (1.0768) for the two  thousand  thir-
teen--two  thousand  fourteen  school  year,  one  hundred  five and six
hundredths percent (1.0506) for the two thousand fourteen--two  thousand
fifteen  school  year,  and  one  hundred  two  and  five tenths percent
(1.0250) for the two thousand fifteen--two thousand sixteen school  year
AND FOR THE MAISTO DISTRICTS ONE HUNDRED TEN AND THIRTY-EIGHT HUNDREDTHS
PERCENT  (1.1038)  FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
SCHOOL YEAR,  ONE  HUNDRED  SEVEN  AND  SIXTY-EIGHT  HUNDREDTHS  PERCENT
(1.0768)  FOR  THE  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL
YEAR, ONE HUNDRED FIVE AND SIX HUNDREDTHS PERCENT (1.0506) FOR  THE  TWO
THOUSAND  NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, AND ONE HUNDRED TWO
AND FIVE TENTHS PERCENT (1.0250) FOR THE TWO THOUSAND TWENTY--TWO  THOU-
SAND TWENTY-ONE SCHOOL YEAR.
  (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
increase  factor  shall  equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and  forty-one
hundredths  percent  (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in  foundation  increase  factor
shall equal (1) for a city school district in a city having a population
of  one  million  or  more,  five  and  twenty-three  hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city  school  district  of  a
city  having  a  population  of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district  other  than  a
city  school  district  having  a  population of one million or more for
which (A) the quotient of the  positive  difference  of  the  foundation
formula aid minus the foundation aid base computed pursuant to paragraph

S. 7597                             6

j  of  subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
(3)  for  all  other  school  districts,  four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one  million  or
more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
(0.13274); or (2) for districts  where  the  quotient  arrived  at  when
dividing  (A)  the  product  of the total aidable foundation pupil units
multiplied by the district's selected  foundation  aid  less  the  total
foundation  aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable  founda-
tion pupil units multiplied by the district's selected foundation aid is
greater  than nineteen percent (0.19), and where the district's combined
wealth ratio is less than  thirty-three  hundredths  (0.33),  seven  and
seventy-five  hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of  subparagraph  two  of
paragraph  c  of  subdivision  six  of  this  section for the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the  two thousand seven--two thousand eight school year and
entitled "SA0708", four  percent  (0.04);  or  (4)  for  a  city  school
district  in a city having a population of one hundred twenty-five thou-
sand or more but less than one million, fourteen percent (0.14); or  (5)
for school districts that were designated as small city school districts
or  central  school  districts  whose  boundaries include a portion of a
small city for the school aid computer listing produced by  the  commis-
sioner  in support of the enacted budget for the two thousand fourteen--
two thousand fifteen school year and entitled "SA1415", four  and  seven
hundred  fifty-  one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and  for  the  two  thousand  sixteen--two
thousand  seventeen  school  year  and thereafter the commissioner shall
annually determine the phase-in foundation increase  factor  subject  to
allocation  pursuant  to  the provisions of subdivision eighteen of this
section and any provisions of a chapter of  the  laws  of  New  York  as
described  therein, EXCEPT THAT FOR MAISTO DISTRICTS IN THE TWO THOUSAND
SEVENTEEN--TWO THOUSAND  EIGHTEEN  SCHOOL  YEAR  TWENTY-FIVE  HUNDREDTHS
PERCENT  (0.0025),  IN  THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR FIVE HUNDREDTHS PERCENT (0.0050), IN THE TWO THOUSAND  NINE-
TEEN--TWO  THOUSAND  TWENTY  SCHOOL YEAR SEVENTY-FIVE HUNDREDTHS PERCENT
(0.0075) AND IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL
YEAR AND THEREAFTER ONE HUNDRED HUNDREDTHS PERCENT (0.0100).
  S  6-a.  The  opening  paragraph,  subparagraph  1 of paragraph a, and
clause (ii) of subparagraph 2 of paragraph b of subdivision 4 of section
3602 of the education law, as amended by section 7 of part A of  chapter
54 of the laws of 2016, are amended to read as follows:
  In  addition  to  any  other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined  in
subdivision eight of section four thousand one of this chapter, shall be
eligible  for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected  foundation
aid,  which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand  seven--
two  thousand eight through two thousand eight--two thousand nine school
years, no school district shall receive total foundation aid  in  excess
of  the  sum of the total foundation aid base for aid payable in the two

S. 7597                             7

thousand seven--two thousand eight  school  year  computed  pursuant  to
subparagraph (i) of paragraph j of subdivision one of this section, plus
the  phase-in  foundation  increase  computed pursuant to paragraph b of
this subdivision, and provided further that for the two thousand twelve-
-two  thousand  thirteen  school  year, no school district shall receive
total foundation aid in excess of the sum of the  total  foundation  aid
base  for  aid  payable  in the two thousand eleven--two thousand twelve
school year computed pursuant to subparagraph (ii)  of  paragraph  j  of
subdivision  one  of this section, plus the phase-in foundation increase
computed pursuant to paragraph  b  of  this  subdivision,  and  provided
further that for the two thousand thirteen--two thousand fourteen school
year  and  thereafter, no school district shall receive total foundation
aid in excess of the sum of  the  total  foundation  aid  base  computed
pursuant  to subparagraph (ii) of paragraph j of subdivision one of this
section, plus the phase-in  foundation  increase  computed  pursuant  to
paragraph  b  of this subdivision, and provided further that for the two
thousand sixteen--two thousand seventeen school year, no eligible school
districts shall receive total foundation aid in excess of the sum of the
total foundation aid base computed  pursuant  to  subparagraph  (ii)  of
paragraph  j  of subdivision one of this section plus the sum of (A) the
phase-in foundation increase, (B) the executive foundation increase with
a minimum increase pursuant to paragraph b-2 of  this  subdivision,  and
(C)  an  amount equal to "COMMUNITY SCHOOLS AID" in the computer listing
produced by the commissioner in support of the executive budget  request
for  the  two  thousand  sixteen--two thousand seventeen school year and
entitled "BT161-7",  where  (1)  "eligible  school  district"  shall  be
defined as a district with (a) an unrestricted aid increase of less than
seven percent (0.07) and (b) a three year average free and reduced price
lunch percent greater than fifteen percent (0.15), and (2) "unrestricted
aid  increase"  shall mean the quotient arrived at when dividing (a) the
sum of the executive foundation aid increase plus  the  gap  elimination
adjustment  for  the  base year, by (b) the difference of foundation aid
for the base year less the gap elimination adjustment for the base year,
and (3) "executive foundation increase" shall mean the difference of (a)
the amounts set forth for each school district as "FOUNDATION AID" under
the heading "2016-17 ESTIMATED AIDS" in the school aid computer  listing
produced  by the commissioner in support of the executive budget request
for the two thousand sixteen--two thousand  seventeen  school  year  and
entitled  "BT161-7"  less  (b)  the  amounts  set  forth for each school
district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR  AIDS"
in  such computer listing and provided further that total foundation aid
shall not be less than the product of  the  total  foundation  aid  base
computed  pursuant to paragraph j of subdivision one of this section and
the due-minimum percent which shall be, for the two thousand twelve--two
thousand thirteen  school  year,  one  hundred  and  six-tenths  percent
(1.006)  and for the two thousand thirteen--two thousand fourteen school
year for city school districts of those  cities  having  populations  in
excess  of  one  hundred  twenty-five thousand and less than one million
inhabitants one hundred and one and one hundred  and  seventy-six  thou-
sandths  percent  (1.01176), and for all other districts one hundred and
three-tenths percent (1.003), and for  the  two  thousand  fourteen--two
thousand  fifteen  school  year  one  hundred and eighty-five hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school year,  one  hundred  thirty-seven  hundredths  percent  (1.0037),
subject to allocation pursuant to the provisions of subdivision eighteen
of  this section and any provisions of a chapter of the laws of New York

S. 7597                             8

as described therein, nor more than the product of such total foundation
aid base and one hundred fifteen percent, provided,  however,  that  for
the  two thousand sixteen--two thousand seventeen school year such maxi-
mum shall be no more than the sum of (i) the product of such total foun-
dation  aid base and one hundred fifteen percent plus (ii) the executive
foundation increase and  plus  (iii)  "COMMUNITY  SCHOOLS  AID"  in  the
computer  listing  produced by the commissioner in support of the execu-
tive budget request for the two thousand sixteen--two thousand seventeen
school year and entitled "BT161-7", EXCEPT FOR  MAISTO  DISTRICTS  WHICH
SHALL  BE ONE HUNDRED TWENTY-FIVE PERCENT, and provided further that for
the two thousand nine--two thousand ten through two thousand eleven--two
thousand twelve school years, each school district shall  receive  total
foundation  aid  in  an  amount  equal to the amount apportioned to such
school district for the two thousand  eight--two  thousand  nine  school
year  pursuant to this subdivision. Total aidable foundation pupil units
shall be calculated pursuant to paragraph g of subdivision two  of  this
section.  For  the purposes of calculating aid pursuant to this subdivi-
sion, aid for the city school district of the city of New York shall  be
calculated on a citywide basis.
  (1)  The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as  deter-
mined  by  a  statistical analysis of the costs of special education and
general education in successful  school  districts,  provided  that  the
foundation  amount  shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two  thousand
eight--two  thousand  nine  school year, for the purpose of such adjust-
ment, the percentage increase in  the  consumer  price  index  shall  be
deemed  to  be two and nine-tenths percent (0.029), and provided further
that the foundation amount for  the  two  thousand  seven--two  thousand
eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand eight through two thousand sixteen--two thousand  seventeen  school
years,  AND FOR THE MAISTO DISTRICTS FOR THE TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN THROUGH TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE
SCHOOL  YEARS,  the  foundation  amount shall be further adjusted by the
phase-in foundation percent established pursuant to paragraph b of  this
subdivision.
  (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
increase  factor  shall  equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and  forty-one
hundredths  percent  (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in  foundation  increase  factor
shall equal (1) for a city school district in a city having a population
of  one  million  or  more,  five  and  twenty-three  hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city  school  district  of  a
city  having  a  population  of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district  other  than  a
city  school  district  having  a  population of one million or more for
which (A) the quotient of the  positive  difference  of  the  foundation
formula aid minus the foundation aid base computed pursuant to paragraph

S. 7597                             9

j  of  subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
(3)  for  all  other  school  districts,  four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one  million  or
more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
(0.13274); or (2) for districts  where  the  quotient  arrived  at  when
dividing  (A)  the  product  of the total aidable foundation pupil units
multiplied by the district's selected  foundation  aid  less  the  total
foundation  aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable  founda-
tion pupil units multiplied by the district's selected foundation aid is
greater  than nineteen percent (0.19), and where the district's combined
wealth ratio is less than thirty-three hundredths PERCENT (0.33),  seven
and  seventy-five  hundredths  percent  (0.0775);  or  (3) for any other
district designated as high need pursuant to clause (c) of  subparagraph
two of paragraph c of subdivision six of this section for the school aid
computer  listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight  school  year  and
entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
district in a city having a population of one hundred twenty-five  thou-
sand  or more but less than one million, fourteen percent (0.14); or (5)
for school districts that were designated as small city school districts
or central school districts whose boundaries  include  a  portion  of  a
small  city  for the school aid computer listing produced by the commis-
sioner in support of the enacted budget for the two thousand  fourteen--
two  thousand  fifteen school year and entitled "SA1415", four and seven
hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
districts  one  percent  (0.01),  and  for the two thousand sixteen--two
thousand seventeen school  year  shall  equal  for  an  eligible  school
district the greater of: (1) for a city school district in a city with a
population  of  one million or more, seven and seven hundred eighty four
thousandths percent (0.07784); or (2) for a city school  district  in  a
city  with a population of more than two hundred fifty thousand but less
than one million as of the most recent federal decennial  census,  seven
and three hundredths percent (0.0703); or (3) for a city school district
in  a  city with a population of more than two hundred thousand but less
than two hundred fifty thousand as of the most recent federal  decennial
census,  six  and  seventy-two hundredths percent (0.0672); or (4) for a
city school district in a city  with  a  population  of  more  than  one
hundred fifty thousand but less than two hundred thousand as of the most
recent federal decennial census, six and seventy-four hundredths percent
(0.0674);  or (5) for a city school district in a city with a population
of more than one hundred twenty-five thousand but less than one  hundred
fifty  thousand as of the most recent federal decennial census, nine and
fifty-five hundredths percent (0.0955); or (6) for school districts that
were designated  as  small  city  school  districts  or  central  school
districts  whose  boundaries  include  a portion of a small city for the
school aid computer listing produced by the commissioner in  support  of
the  enacted  budget for the two thousand fourteen--two thousand fifteen
school year and entitled "SA141-5" with a  combined  wealth  ratio  less
than  one and four tenths (1.4), nine percent (0.09), provided, however,
that for such districts that are also districts designated as high  need
urban-suburban pursuant to clause (c) of subparagraph two of paragraph c

S. 7597                            10

of  subdivision  six of this section for the school aid computer listing
produced by the commissioner in support of the enacted  budget  for  the
two   thousand  seven--two  thousand  eight  school  year  and  entitled
"SA0708",  nine  and  seven  hundred  and  nineteen  thousandths percent
(0.09719); or (7) for school districts designated  as  high  need  rural
pursuant to clause (c) of subparagraph two of paragraph c of subdivision
six  of this section for the school aid computer listing produced by the
commissioner in support of the  enacted  budget  for  the  two  thousand
seven--two  thousand  eight  school year and entitled "SA0708", thirteen
and six tenths percent (0.136); or (8) for school  districts  designated
as  high  need urban-suburban pursuant to clause (c) of subparagraph two
of paragraph c of subdivision six of this section  for  the  school  aid
computer  listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight  school  year  and
entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
or  (9)  for all other eligible school districts, forty-seven hundredths
percent (0.0047) and for the two thousand seventeen--two thousand  eigh-
teen  school  year and thereafter the commissioner shall annually deter-
mine the phase-in  foundation  increase  factor  subject  to  allocation
pursuant  to  the provisions of subdivision eighteen of this section and
any provisions of a chapter  of  the  laws  of  New  York  as  described
therein,  EXCEPT  THAT  FOR  MAISTO DISTRICTS IN THE TWO THOUSAND SEVEN-
TEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR TWENTY-FIVE  HUNDREDTHS  PERCENT
(0.0025),  IN  THE  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL
YEAR FIVE HUNDREDTHS PERCENT (0.0050), IN THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR SEVENTY-FIVE HUNDREDTHS PERCENT (0.0075) AND
IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR  AND
THEREAFTER ONE HUNDRED HUNDREDTHS PERCENT (0.0100).
  S  7.  Section  3602  of  the education law is amended by adding a new
subdivision 42 to read as follows:
  42. MAISTO DISTRICT CREDIT RECOVERY AID. COMMENCING WITH  AID  PAYABLE
IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR THROUGH
THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE SCHOOL YEAR MAISTO
DISTRICTS SHALL BE ELIGIBLE FOR AN ADDITIONAL APPORTIONMENT AS  PROVIDED
FOR  IN  THIS SUBDIVISION. SUCH DISTRICTS SHALL BE ELIGIBLE FOR AN ADDI-
TIONAL APPORTIONMENT IN AN AMOUNT EQUAL TO  THE  PRODUCT  OF  THE  TOTAL
NUMBER  OF STUDENTS IN THE TWO THOUSAND THIRTEEN, TWO THOUSAND FOURTEEN,
TWO THOUSAND FIFTEEN AND TWO THOUSAND SIXTEEN COHORTS MULTIPLIED BY  ONE
MINUS  THE FOUR YEAR GRADUATION RATE FOR THE YEAR PRIOR TO THE BASE YEAR
AND TWO THOUSAND FIVE HUNDRED ($2,500) DOLLARS TO BE USED  FOR  PROGRAMS
WITH  RESPECT  TO  SUCH  STUDENTS  APPROVED  BY THE COMMISSIONER FOR THE
FOLLOWING PURPOSES:
  A. CREDIT RECOVERY PROGRAMS;
  B. ACADEMIC INTERVENTION SERVICES;
  C. RESPONSE TO INTERVENTION SERVICES;
  D. DROP OUT PREVENTION;
  E. INCARCERATED YOUTH SERVICES;
  F. PARENT INVOLVEMENT PROGRAMS;
  G. EXTENDED DAY AND EXTENDED YEAR PROGRAMS; AND
  H. PSYCHO-SOCIAL TESTING.
  S 8. Section 2530 of the education law, as amended by chapter  171  of
the laws of 1996, is amended to read as follows:
  S 2530. Power  to  contract  indebtedness.   Each city school district
shall be authorized to expend money for any of the objects  or  purposes
which  it  is  authorized  to accomplish by law and may contract indebt-
edness in its name pursuant to the local finance law, INCLUDING BUT  NOT

S. 7597                            11

LIMITED  TO  THE  ISSUANCE  OF  BONDS OF THE DISTRICT OR OF THE NEW YORK
STATE ASSOCIATION  OF  SMALL  CITY  SCHOOL  DISTRICTS,  ITS  AFFILIATES,
SUBSIDIARIES OR SUBDIVISIONS THEREOF TO BE REPAID BY REVENUES FROM MAIS-
TO  DISTRICT  CREDIT  RECOVERY  AID PURSUANT TO SUBDIVISION FORTY-TWO OF
SECTION THIRTY-SIX HUNDRED TWO  OF  THIS  CHAPTER.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, EACH DISTRICT, THE NEW YORK
STATE ASSOCIATION  OF  SMALL  CITY  SCHOOL  DISTRICTS,  AND  AFFILIATES,
SUBSIDIARIES  OR  SUBDIVISIONS  THEREOF  SHALL HAVE THE POWER TO PLEDGE,
ASSIGN OR OTHERWISE MAKE AVAILABLE AS  SECURITY  FOR  SUCH  INDEBTEDNESS
WITHOUT  CONSIDERATION, REVENUES FROM STATE AID UNDER SUBDIVISION FORTY-
TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER AND BONDS OR OTHER
INDEBTEDNESS IN CONNECTION WITH SUCH  SUBDIVISION  FORTY-TWO  SHALL  NOT
REQUIRE  VOTER APPROVAL.  The provisions of section four hundred sixteen
of this chapter shall be applicable to such districts.
  S 9. Paragraph a of section 11.00 of the local finance law is  amended
by adding a new subparagraph 108 to read as follows:
  108.  PAYMENT  BY SMALL CITY SCHOOL DISTRICTS FOR OBJECTS AND PURPOSES
SET FORTH IN SUBDIVISION FORTY-TWO OF SECTION THIRTY-SIX HUNDRED TWO  OF
THE EDUCATION LAW AND AUTHORIZED UNDER SECTION TWENTY-FIVE HUNDRED THIR-
TY OF THE EDUCATION LAW, TEN YEARS.
  S  10.  Paragraph  (b)  of subdivision 2 of section 1676 of the public
authorities law is amended by adding a  new  undesignated  paragraph  to
read as follows:
  MAISTO  DISTRICTS  AS  DEFINED  BY  PARAGRAPH II OF SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW  AND  THE  NEW  YORK
STATE ASSOCIATION OF SMALL CITY SCHOOL DISTRICTS AS DEFINED BY PARAGRAPH
HH OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION
LAW, AND AFFILIATES, SUBSIDIARIES OR SUBDIVISIONS THEREOF.
  S  11.  Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
  MAISTO DISTRICTS AS DEFINED BY PARAGRAPH  II  OF  SUBDIVISION  ONE  OF
SECTION  THIRTY-SIX  HUNDRED  TWO  OF THE EDUCATION LAW AND THE NEW YORK
STATE ASSOCIATION OF SMALL CITY SCHOOL DISTRICTS AS DEFINED BY PARAGRAPH
HH OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION
LAW, AND AFFILIATES, SUBSIDIARIES OR SUBDIVISIONS THEREOF.
  S 12. Section 1680 of the public authorities law is amended by  adding
a new subdivision 41 to read as follows:
  41. A. THE DORMITORY AUTHORITY MAY ENTER CONTRACTS TO LOAN TO OR OTHER
AGREEMENTS  WITH THE MAISTO DISTRICTS, THE NEW YORK STATE ASSOCIATION OF
SMALL CITY SCHOOL DISTRICTS, AND AFFILIATES,  SUBSIDIARIES  OR  SUBDIVI-
SIONS  THEREOF FOR THE FINANCING OF PROGRAMS AS SPECIFIED IN SUBDIVISION
FORTY-TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW INCLUD-
ING:
  (1) CREDIT RECOVERY PROGRAMS;
  (2) ACADEMIC INTERVENTION SERVICES;
  (3) RESPONSE TO INTERVENTION SERVICES;
  (4) DROP OUT PREVENTION;
  (5) INCARCERATED YOUTH SERVICES;
  (6) PARENT INVOLVEMENT PROGRAMS;
  (7) EXTENDED DAY AND EXTENDED YEAR PROGRAMS; AND
  (8) PSYCHO-SOCIAL TESTING.
SUCH PROGRAMS SHALL BE SUBJECT TO THE APPROVAL OF  THE  COMMISSIONER  OF
EDUCATION.
  B.  EACH MAISTO DISTRICT, THE NEW YORK STATE ASSOCIATION OF SMALL CITY
SCHOOL DISTRICTS, AND AFFILIATES, SUBSIDIARIES OR  SUBDIVISIONS  THEREOF
SHALL,  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, HAVE THE POWER TO

S. 7597                            12

PLEDGE, ASSIGN OR OTHERWISE MAKE AVAILABLE TO  THE  DORMITORY  AUTHORITY
WITHOUT  CONSIDERATION, REVENUES FROM STATE AID UNDER SUBDIVISION FORTY-
TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW  SATISFACTORY
TO THE DORMITORY AUTHORITY.
  C. IN ADDITION TO PROVIDING FOR ALL OTHER MATTERS DEEMED NECESSARY AND
PROPER,  SUCH  CONTRACTS  TO LOAN OR OTHER AGREEMENTS SHALL: (1) REQUIRE
PAYMENT TO THE DORMITORY AUTHORITY THE AMOUNT REQUIRED TO PAY THE  PRIN-
CIPAL  OF  AND INTEREST ON OBLIGATIONS OF THE DORMITORY AUTHORITY ISSUED
IN RELATION TO PROVIDING SUCH FINANCING AND ALL INCIDENTAL  EXPENSES  OF
THE  DORMITORY  AUTHORITY  INCURRED  IN  RELATION  THERETO;  (2) REQUIRE
PAYMENT SUFFICIENT TO MEET OBLIGATIONS UNDER SUCH CONTRACTS TO  LOAN  OR
OTHER  AGREEMENTS;  (3)  PROVIDE  THAT THE AID PAYABLE UNDER SUBDIVISION
FORTY-TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION  LAW  SHALL
BE THE SOLE SECURITY FOR SUCH FINANCING AND ALL INCIDENTAL EXPENSES; AND
(4) NOT BE EXECUTED UNTIL SUCH PROGRAMS ARE APPROVED BY THE COMMISSIONER
OF EDUCATION.
  D.  (1)  IN  THE  EVENT  THAT THE MAISTO DISTRICTS, THE NEW YORK STATE
ASSOCIATION OF SMALL CITY SCHOOL DISTRICTS, AND AFFILIATES, SUBSIDIARIES
OR SUBDIVISIONS THEREOF FAIL TO MAKE ANY PAYMENT OF PRINCIPAL OR  INTER-
EST  ON  ITS  OBLIGATIONS,  THE DORMITORY AUTHORITY SHALL CERTIFY TO THE
COMPTROLLER OF SUCH FAILURE. SUCH CERTIFICATE SHALL BE IN SUCH  FORM  AS
THE  AUTHORITY  DEEMS  DESIRABLE,  BUT SHALL INCLUDE THE EXACT AMOUNT OF
INTEREST AND PRINCIPAL  REQUIRED  TO  SATISFY  THE  OBLIGATIONS  TO  THE
AUTHORITY.
  (2) THE COMPTROLLER, UPON RECEIPT OF SUCH CERTIFICATE FROM THE AUTHOR-
ITY,  SHALL WITHHOLD FROM THE MAISTO DISTRICTS, THE NEW YORK STATE ASSO-
CIATION OF SMALL CITY SCHOOL DISTRICTS, AND AFFILIATES, SUBSIDIARIES  OR
SUBDIVISIONS  THEREOF ANY STATE AID PAYABLE TO SUCH ENTITY TO THE EXTENT
NECESSARY TO MEET THE CERTIFIED AMOUNT  OF  INTEREST  OR  PRINCIPAL  AND
SHALL IMMEDIATELY PAY OVER TO THE CREDIT RECOVERY FINANCING RESERVE FUND
THE AMOUNT SO WITHHELD.
  (3)  PENDING PAYMENT TO THE AUTHORITY FROM THE COMPTROLLER OF ANY SUCH
STATE AID WITHHELD, THE AUTHORITY SHALL,  IF  PAYMENTS  OF  INTEREST  OR
PRINCIPAL  ARE  DUE  ON THE AUTHORITY'S BONDS, WITHDRAW AN AMOUNT SUFFI-
CIENT TO MEET SUCH AMOUNTS WITHHELD FROM THE DEBT SERVICE  RESERVE  FUND
SECURING  SUCH  BONDS.  ANY SUCH AMOUNT WITHDRAWN FROM SUCH DEBT SERVICE
RESERVE FUND SHALL BE PAID INTO SUCH  DEBT  SERVICE  RESERVE  FUND  UPON
RECEIPT  BY  THE  AGENCY FROM THE COMPTROLLER OF ANY STATE AID WITHHELD.
ANY AMOUNT SO PAID TO THE AUTHORITY FROM SUCH STATE AID SHALL NOT  OBLI-
GATE  THE  STATE TO MAKE, NOR ENTITLE THE MAISTO DISTRICTS, THE NEW YORK
STATE ASSOCIATION  OF  SMALL  CITY  SCHOOL  DISTRICTS,  AND  AFFILIATES,
SUBSIDIARIES  OR SUBDIVISIONS THEREOF TO RECEIVE, ANY ADDITIONAL AMOUNTS
OF STATE AID.
  E. ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR, THE DORMITORY AUTHOR-
ITY SHALL SUBMIT, AND THEREAFTER MAY RESUBMIT, TO THE  DIRECTOR  OF  THE
BUDGET,  THE  STATE  COMPTROLLER,  THE  CHAIRMAN  OF  THE SENATE FINANCE
COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND  MEANS  COMMITTEE  A
REPORT  SETTING  FORTH  THE AMOUNTS, IF ANY, OF ALL AMOUNTS ESTIMATED TO
BECOME DUE IN THE SUCCEEDING STATE FISCAL YEAR TO THE DORMITORY AUTHORI-
TY FROM EACH MAISTO DISTRICT, THE NEW YORK STATE  ASSOCIATION  OF  SMALL
CITY  SCHOOL  DISTRICTS,  AND  AFFILIATES,  SUBSIDIARIES OR SUBDIVISIONS
THEREOF PURSUANT TO SUCH CONTRACTS TO  LOAN  OR  OTHER  AGREEMENTS.  THE
STATE COMPTROLLER SHALL PAY OVER TO THE DORMITORY AUTHORITY, PURSUANT TO
APPROPRIATIONS  THEREFOR  AND SOLELY FROM MONEYS AVAILABLE IN THE CREDIT
RECOVERY FINANCING RESERVE FUND ESTABLISHED BY SECTION NINETY-NINE-Z  OF
THE  STATE FINANCE LAW, THE AMOUNT SET FORTH IN SUCH REPORT AT THE TIMES

S. 7597                            13

AND IN THE AMOUNTS SET FORTH IN THE CERTIFICATE  FILED  WITH  THE  COMP-
TROLLER BY THE DORMITORY AUTHORITY.
  F.  EACH MAISTO DISTRICT, THE NEW YORK STATE ASSOCIATION OF SMALL CITY
SCHOOL DISTRICTS, AND AFFILIATES, SUBSIDIARIES OR  SUBDIVISIONS  THEREOF
WHICH  ELECTS  TO  AVAIL  ITSELF OF THE PROVISIONS OF THIS SECTION SHALL
HAVE ESTABLISHED WITH THE STATE COMPTROLLER A CREDIT RECOVERY  FINANCING
RESERVE  ACCOUNT  WHICH  SHALL BE USED TO PAY TO THE DORMITORY AUTHORITY
THE ANNUAL  AMOUNTS  PAYABLE  TO  THE  DORMITORY  AUTHORITY  UNDER  SUCH
CONTRACTS TO LOAN OR OTHER AGREEMENTS PURSUANT TO THE PROVISIONS OF THIS
SECTION AND SECTION NINETY-NINE-Z OF THE STATE FINANCE LAW. THE DORMITO-
RY  AUTHORITY SHALL IDENTIFY TO THE STATE COMPTROLLER AND TO THE COMMIS-
SIONER  OF  EDUCATION  WITH  RESPECT  TO  SUCH  FINANCING,  EACH  MAISTO
DISTRICT, THE NEW YORK STATE ASSOCIATION OF SMALL CITY SCHOOL DISTRICTS,
AND  AFFILIATES,  SUBSIDIARIES OR SUBDIVISIONS THEREOF WITH WHICH IT HAS
SUCH CONTRACTS TO LOAN OR OTHER AGREEMENTS PURSUANT TO THIS SECTION  AND
SHALL  ANNUALLY CERTIFY THE AMOUNTS REQUIRED TO BE PAID PURSUANT TO SUCH
CONTRACTS TO LOAN OR OTHER AGREEMENTS.
  G. ALL STATE AND LOCAL OFFICIALS ARE AUTHORIZED AND REQUIRED  TO  TAKE
WHATEVER  ACTIONS  ARE  NECESSARY  TO  CARRY  OUT THE PROVISIONS OF THIS
SECTION AND THE PROVISIONS OF ANY CONTRACT TO LOAN OR  OTHER  AGREEMENTS
ENTERED  INTO  PURSUANT  TO  THIS SECTION, INCLUDING MAKING THE REQUIRED
PAYMENTS TO THE DORMITORY AUTHORITY.
  S 13. The state finance law is amended by adding a new section 99-z to
read as follows:
  S 99-Z. CREDIT RECOVERY FINANCING RESERVE FUND.  1.  THERE  IS  HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN  AS  THE CREDIT RECOVERY FINANCING RESERVE FUND. WITHIN SUCH FUND,
THERE IS HEREBY ESTABLISHED A SPECIAL ACCOUNT FOR EACH MAISTO  DISTRICT,
THE  NEW YORK STATE ASSOCIATION OF SMALL CITY SCHOOL DISTRICTS, AND EACH
AFFILIATE,  SUBSIDIARY  OR  SUBDIVISION  THEREOF  WHICH  ENTERS  INTO  A
CONTRACT  TO LOAN OR OTHER AGREEMENT WITH THE DORMITORY AUTHORITY PURSU-
ANT TO THIS SECTION.
  2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,  SUCH  FUND  SHALL
CONSIST OF AID PAYABLE UNDER SUBDIVISION FORTY-TWO OF SECTION THIRTY-SIX
HUNDRED TWO OF THE EDUCATION LAW.  THE COMPTROLLER SHALL MAINTAIN SUFFI-
CIENT  AMOUNTS  IN  THE FUND IN ORDER TO PAY WHEN DUE AMOUNTS DUE TO THE
DORMITORY AUTHORITY PURSUANT TO ANY CONTRACT TO LOAN OR OTHER  AGREEMENT
ENTERED  INTO  PURSUANT TO THE PROVISIONS OF THIS SECTION. THE DORMITORY
AUTHORITY SHALL CERTIFY TO THE STATE COMPTROLLER THE DATES AND AMOUNT OF
SUCH ANNUAL PAYMENTS AS SCHEDULED IN ITS  CONTRACTS  TO  LOAN  OR  OTHER
AGREEMENTS.    THE COMMISSIONER OF EDUCATION SHALL CERTIFY THE AMOUNT OF
PAYMENTS DUE THE FUND FROM AID PAYABLE UNDER  SUBDIVISION  FORTY-TWO  OF
SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
  3.  REVENUES  IN  ANY SPECIAL ACCOUNT IN THE CREDIT RECOVERY FINANCING
RESERVE FUND MAY BE COMMINGLED WITH ANY OTHER MONIES IN SUCH  FUND.  ALL
DEPOSITS  OF  SUCH  REVENUES  WITH  BANKS  AND  TRUST COMPANIES SHALL BE
SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE OF NEW  YORK
OR  ITS  POLITICAL  SUBDIVISIONS.  SUCH  OBLIGATIONS SHALL HAVE A MARKET
VALUE AT LEAST EQUAL AT ALL TIMES TO, BUT NOT  LESS  THAN,  ONE  HUNDRED
FIVE  PERCENT OF THE AMOUNT OF SUCH DEPOSITS. ALL BANKS AND TRUST COMPA-
NIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS. ANY SUCH  REVEN-
UES  IN SUCH FUND MAY, IN THE DISCRETION OF THE COMPTROLLER, BE INVESTED
IN OBLIGATIONS OF THE UNITED STATES OR  THE  STATE  OR  OBLIGATIONS  THE
PRINCIPAL  OF  AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED STATES
OR BY THE STATE.  ANY INTEREST EARNED SHALL BE CREDITED TO SUCH FUND.

S. 7597                            14

  4. UPON RECEIPT BY THE COMPTROLLER OF A  CERTIFICATE  OR  CERTIFICATES
FROM THE DORMITORY AUTHORITY THAT IT REQUIRES A PAYMENT OR PAYMENTS FROM
THE  APPROPRIATE  SPECIAL  ACCOUNT IN ORDER FOR ANY MAISTO DISTRICT, THE
NEW YORK STATE ASSOCIATION OF SMALL CITY SCHOOL  DISTRICTS,  AND  AFFIL-
IATES, SUBSIDIARIES OR SUBDIVISIONS THEREOF TO COMPLY WITH SUCH CONTRACT
TO  LOAN  OR  OTHER  AGREEMENT  PURSUANT  TO THIS SECTION, EACH OF WHICH
CERTIFICATES SHALL SPECIFY THE REQUIRED PAYMENT OR PAYMENTS AND THE DATE
WHEN THE PAYMENT OR PAYMENTS IS REQUIRED, THE COMPTROLLER SHALL PAY FROM
SUCH SPECIAL ACCOUNT ON OR BEFORE THE SPECIFIED DATE  OR  WITHIN  THIRTY
DAYS  AFTER  RECEIPT  OF  SUCH CERTIFICATE OR CERTIFICATES, WHICHEVER IS
LATER, TO THE PAYING AGENT DESIGNATED BY THE DORMITORY AUTHORITY IN  ANY
SUCH CERTIFICATE, THE AMOUNT OR AMOUNTS SO CERTIFIED.
  5.  ALL  PAYMENTS  OF MONEY FROM THE CREDIT RECOVERY FINANCING RESERVE
FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
  S 14. This act shall take effect  July  1,  2016;  provided,  however,
that:
  a. section six of this act shall take effect July 1, 2017; and
  b.  the  amendments  to the opening paragraph, subparagraph 1 of para-
graph a and clause (ii) of subparagraph 2 of paragraph b made by section
six-a of this act shall take effect on the same date  and  in  the  same
manner  as  section 7 of part A of chapter 54 of the laws of 2016, takes
effect.

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

                                  7596

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the general business law, in  relation
  to  establishing  a  waiting period before a firearm, shotgun or rifle
  may be delivered to a person

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

  Section  1.  Subdivision  12  of  section  400.00 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  12. Records required of gunsmiths and dealers in firearms. Any  person
licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
approved as to form, except in the city of New York, by the  superinten-
dent of state police. In the record book shall be entered at the time of
every  transaction  involving  a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's  name
and  serial number, or if none, any other distinguishing number or iden-
tification mark on such firearm. Before  delivering  a  firearm  to  any
person, the licensee shall require him to produce either a license valid
under  this  section  to  carry  or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20 OF THIS CHAPTER
AND EITHER (A) THE NATIONAL INSTANT  CRIMINAL  BACKGROUND  CHECK  SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
OR  (B)  TEN  BUSINESS  DAYS  HAVE  ELAPSED  SINCE THE DATE THE LICENSEE
CONTACTED NICS TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND  CHECK
AND  NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE FIREARM
TO SUCH PERSON SHOULD BE DENIED.    In  addition,  before  delivering  a
firearm  to  a  peace  officer,  the licensee shall verify that person's
status as a peace officer with  the  division  of  state  police.  After
completing  the  foregoing,  the  licensee  shall  remove and retain the
attached coupon and enter in the record book the date of  such  license,
number,  if  any,  and name of the licensing officer, in the case of the
holder of a license to carry or possess, or the shield or other  number,
if  any,  assignment  and  department, unit or agency, in the case of an

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

                                                           LBD13653-05-6

S. 7596                             2

exempt person. The original transaction report shall be forwarded to the
division of state police within ten days of delivering a firearm to  any
person,  and  a duplicate copy shall be kept by the licensee. The super-
intendent  of  state  police  may  designate  that  such record shall be
completed and transmitted in electronic form. A dealer may be granted  a
waiver  from  transmitting such records in electronic form if the super-
intendent determines that such dealer is incapable of such  transmission
due  to  technological  limitations  that  are not reasonably within the
control of the dealer, or other exceptional  circumstances  demonstrated
by  the  dealer, pursuant to a process established in regulation, and at
the discretion of the superintendent. Records assembled or collected for
purposes of inclusion in the database created pursuant to section 400.02
of this article shall not be subject to disclosure pursuant  to  article
six  of  the public officers law. The record book shall be maintained on
the premises mentioned and described in the license and shall be open at
all reasonable hours for inspection by any peace officer, acting  pursu-
ant  to his special duties, or police officer. In the event of cancella-
tion or revocation of the license for gunsmith or dealer in firearms, or
discontinuance of business by a licensee,  such  record  book  shall  be
immediately  surrendered  to  the  licensing  officer in the city of New
York, and in the counties of Nassau and Suffolk, and  elsewhere  in  the
state to the executive department, division of state police.
  S  2.  The penal law is amended by adding a new section 400.20 to read
as follows:
S 400.20 WAITING PERIOD IN CONNECTION WITH THE SALE  OR  TRANSFER  OF  A
           RIFLE OR SHOTGUN.
  WHEN A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK IS REQUIRED PURSUANT
TO  STATE  OR  FEDERAL  LAW TO BE CONDUCTED THROUGH THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OR ITS SUCCESSOR  IN  CONNECTION
WITH  THE  SALE  OR TRANSFER OF A RIFLE OR SHOTGUN TO ANY PERSON, BEFORE
DELIVERING A RIFLE OR SHOTGUN TO SUCH PERSON, EITHER (A) NICS HAS ISSUED
A "PROCEED" RESPONSE TO THE SELLER OR TRANSFEROR, OR  (B)  TEN  BUSINESS
DAYS  SHALL  HAVE  ELAPSED  SINCE  THE  DATE  THE  SELLER  OR TRANSFEROR
CONTACTED NICS TO INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND  CHECK
AND  NICS HAS NOT NOTIFIED THE SELLER OR TRANSFEROR THAT THE TRANSFER OF
THE RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.
  S 3. Subdivision 1 of section 897 of  the  general  business  law,  as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  1. A national instant criminal background check shall be conducted and
no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
PROVIDED  THAT  BEFORE  DELIVERING  A  FIREARM,  RIFLE OR SHOTGUN TO ANY
PERSON, EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE SELLER OR
TRANSFEROR, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE  THE  DATE
THE  SELLER  OR TRANSFEROR CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND  NICS  HAS  NOT  NOTIFIED  THE  SELLER  OR
TRANSFEROR  THAT  THE  TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED.
  S 4. Subdivisions 1 and 2 of section 898 of the general business  law,
as  added  by  chapter  1  of  the  laws of 2013, are amended to read as
follows:
  1.  In addition to any other requirements pursuant to state and feder-
al law, all sales, exchanges or disposals of firearms, rifles  or  shot-
guns  shall  be  conducted  in  accordance with this section unless such
sale, exchange or disposal is conducted by a licensed importer, licensed

S. 7596                             3

manufacturer or licensed dealer, as those terms are defined in 18 USC  S
922,  when such sale, exchange or disposal is conducted pursuant to that
person's federal firearms license or such sale, exchange or disposal  is
between  members  of  an  immediate  family.  WHEN  A  SALE, EXCHANGE OR
DISPOSAL IS CONDUCTED PURSUANT TO A PERSON'S FEDERAL  FIREARMS  LICENSE,
BEFORE  DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY PERSON, EITHER (A)
THE NATIONAL INSTANT CRIMINAL BACKGROUND  CHECK  SYSTEM  (NICS)  OR  ITS
SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE FEDERAL FIREARMS LICEN-
SEE,  OR  (B)  TEN  BUSINESS  DAYS SHALL HAVE ELAPSED SINCE THE DATE THE
FEDERAL FIREARMS LICENSEE CONTACTED NICS TO INITIATE A NATIONAL  INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE FEDERAL FIREARMS
LICENSEE  THAT  THE  TRANSFER  OF  THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED.  For purposes of this section, "immediate fami-
ly" shall mean spouses, domestic partners, children and step-children.
  2. Before any sale, exchange or disposal pursuant to this  article,  a
national instant criminal background check must be completed by a dealer
who  consents  to  conduct such check, and upon completion of such back-
ground check, shall complete a document, the  form  of  which  shall  be
approved  by  the  superintendent  of  state police, that identifies and
confirms that such check was performed.  BEFORE A DEALER WHO CONSENTS TO
CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DELIVERS A FIREARM,
RIFLE OR SHOTGUN TO ANY PERSON,  EITHER  (A)  NICS  ISSUED  A  "PROCEED"
RESPONSE  TO  THE  DEALER,  OR  (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED
SINCE THE DATE THE DEALER CONTACTED NICS TO INITIATE A NATIONAL  INSTANT
CRIMINAL  BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE DEALER THAT THE
TRANSFER OF THE FIREARM, RIFLE OR  SHOTGUN  TO  SUCH  PERSON  SHOULD  BE
DENIED.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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

                                 6962--A

                            I N  S E N A T E

                             March 10, 2016
                               ___________

Introduced  by  Sens.  HANNON,  AKSHAR,  AMEDORE,  BOYLE, CROCI, GOLDEN,
  LARKIN, LATIMER, MARTINS, MURPHY,  ORTT  --  read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Health
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the insurance law, in relation to the use of abuse-det-
  errent technology for opioids as a mechanism for  reducing  abuse  and
  diversion of opioid drugs

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

  Section 1. The insurance law is amended by adding a new section 3216-a
to read as follows:
  S 3216-A.  ACCESS TO ABUSE-DETERRENT OPIOID MEDICATIONS. (A) AN INSUR-
ANCE CARRIER OR HEALTH PLAN SHALL PROVIDE  COVERAGE  ON  ITS  FORMULARY,
DRUG  LIST  OR  OTHER  LISTS  OF  SIMILAR  CONSTRUCT  FOR  AT  LEAST ONE
ABUSE-DETERRENT OPIOID  ANALGESIC  DRUG  PRODUCT  PER  OPIOID  ANALGESIC
ACTIVE INGREDIENT.
  (1)  COST-SHARING FOR BRAND NAME ABUSE-DETERRENT OPIOID ANALGESIC DRUG
PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT  EXCEED  THE  LOWEST
COST-SHARING  LEVEL  APPLIED  TO  BRAND  NAME NON-ABUSE DETERRENT OPIOID
DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (2) COST-SHARING FOR GENERIC  ABUSE-DETERRENT  OPIOID  ANALGESIC  DRUG
PRODUCTS  COVERED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE LOWEST
COST-SHARING LEVEL APPLIED TO GENERIC NON-ABUSE DETERRENT  OPIOID  DRUGS
COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (3)  AN INCREASE IN PATIENT COST-SHARING OR DISINCENTIVES FOR PRESCRI-
BERS OR DISPENSERS SHALL NOT BE ALLOWED TO ACHIEVE COMPLIANCE WITH  THIS
SECTION.
  (B)  ANY  PRIOR-AUTHORIZATION REQUIREMENTS OR OTHER UTILIZATION REVIEW
MEASURES FOR OPIOID ANALGESICS, AND ANY SERVICE  DENIALS  MADE  PURSUANT
THERETO, SHALL NOT REQUIRE USE OF OPIOID ANALGESIC DRUG PRODUCTS WITHOUT
ABUSE-DETERRENT  PROPERTIES  IN  ORDER  TO ACCESS ABUSE-DETERRENT OPIOID
ANALGESIC DRUG PRODUCTS.
  (C) DEFINITIONS. AS USED IN THIS SECTION:

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

                                                           LBD14477-03-6

S. 6962--A                          2

  (1) "OPIOID ANALGESIC DRUG PRODUCT" MEANS A DRUG IN THE  OPIOID  ANAL-
GESIC  DRUG  CLASS  PRESCRIBED TO TREAT MODERATE TO SEVERE PAIN OR OTHER
CONDITIONS, WHETHER IN IMMEDIATE RELEASE OR EXTENDED LONG ACTING RELEASE
FORM AND WHETHER OR NOT COMBINED WITH OTHER DRUG SUBSTANCES  TO  FORM  A
SINGLE DRUG PRODUCT OR OTHER DOSAGE FORM.
  (2)  "ABUSE  DETERRENT OPIOID ANALGESIC DRUG PRODUCT" MEANS A BRAND OR
GENERIC OPIOID ANALGESIC DRUG PRODUCT APPROVED BY THE FEDERAL  FOOD  AND
DRUG ADMINISTRATION WITH ABUSE-DETERRENCE LABELING CLAIMS INDICATING ITS
ABUSE-DETERRENT PROPERTIES ARE EXPECTED TO DETER OR REDUCE ITS ABUSE.
  (3)  "COST-SHARING"  MEANS ANY COVERAGE LIMIT, COPAYMENT, COINSURANCE,
DEDUCTIBLE OR OTHER OUT-OF-POCKET PATIENT EXPENSE REQUIREMENTS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become  a  law,  and  shall  apply  to  all  policies  and
contracts issued, renewed, modified, altered or amended on or after such
date.