Text of NY A 2006 (2019)

STATE OF NEW YORK ________________________________________________________________________ S. 1506 A. 2006 SENATE - ASSEMBLY January 18, 2019 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to a statement of the total funding allocation; to amend the education law, in relation to services aid; to amend the education law, in relation to moneys apportioned for boards of cooper- ative educational services aidable expenditures; to amend the educa- tion law, in relation to establishing regional STEM magnet schools; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to academic enhance- ment aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to the statewide universal full- day pre-kindergarten program; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; to amend the education law, in relation to waivers from duties; to amend the educa- tion law, in relation to annual teacher and principal evaluations; to amend the education law, in relation to the education of homeless children; to amend the education law, in relation to the suspension of pupils; to amend the education law, in relation to school safety plans; to amend the education law, in relation to including healthy relationships in health education; to amend the education law, in relation to authorizing and directing the commissioner of education to require that every school district adopt and distribute a policy regarding sex discrimination; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2019-2020 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-01-9 S. 1506 2 A. 2006 city, in relation to withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effective- ness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the educa- tion law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend chapter 91 of the laws of 2002, amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relat- ing to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effective- ness thereof; to amend chapter 472 of the laws of 1998, amending the education law relating to the lease of school buses by school districts, in relation to the effectiveness thereof; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effectiveness thereof; to amend chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; in relation to school bus driver train- ing; in relation to special apportionment for salary expenses and public pension accruals; in relation to the city school district of the city of Rochester; in relation to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2019-2020 school year; in relation to the support of public libraries; to repeal subparagraphs 2 and 3 of paragraph a of subdivision 1 of section 3609-a of the educa- tion law, relating to lottery apportionment and lottery textbook apportionment; and to repeal subparagraphs 1 and 2 of paragraph b of subdivision 4 of section 92-c of the state finance law, relating to the state lottery fund (Part A); to amend the education law, the busi- ness corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part B); to amend the education law, in relation to authorizing school bus stop cameras; and to amend the vehicle and traffic law, in relation to owner liability for operator illegally overtaking or passing a school bus and increasing fines for passing a stopped school bus (Part C); to amend the education law, in relation to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the high- er education opportunity programs and the collegiate science and tech- nology entry program; the definition of "resident"; financial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of the education S. 1506 3 A. 2006 law relating thereto (Part D); to amend the education law, in relation to the accountability of proprietary institutions (Part E); to amend the state finance law, in relation to the arts capital grants fund (Part F); to utilize reserves in the mortgage insurance fund for vari- ous housing purposes (Part G); to amend the social services law, in relation to the initial period of licensure or registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto (Part H); to amend the social services law, in relation to federally required background clearances for persons working in resi- dential foster care programs (Part I); to amend the social services law, in relation to residential programs for domestic violence victims; and repealing certain provisions of such law relating thereto (Part J); to amend the family court act, the social services law and the executive law, in relation to persons in need of supervision; and to repeal certain provisions of the family court act and the executive law relating thereto (Part K); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part L); to amend the social services law, in relation to appointment of a temporary opera- tor authority (Subpart A); and to amend part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Subpart B) (Part M); to amend the social services law, in relation to permitting social services districts to assign individuals to participate in time-limited job try-outs as an allowable work activity leading to unsubsidized employment (Part N); to amend the labor law, in relation to increasing criminal penalties for convictions of failures to pay wages (Part O); to amend the labor law, in relation to amending unemployment insurance benefits for earnings disregard (Part P); to amend the executive law, in relation to prohib- iting wage or salary history inquiries; and to amend the labor law, in relation to the prohibition of a differential rate of pay on the basis of protected class status (Part Q); to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes (Part R); to amend the executive law, in relation to expanding the scope of unlawful discri- minatory practices to include public educational institutions (Part S); to amend the executive law, in relation to preventing discrimi- nation based on lawful source of income in housing (Part T); to amend the general obligations law, in relation to the amount of security deposit that a landlord may charge a tenant (Part U); to amend the executive law, the general obligations law and the labor law, in relation to the implementation of sexual harassment protocols (Part V); to amend the general business law, in relation to enacting the pension poaching prevention act (Part W); to amend the executive law, in relation to amending the definition of pregnancy-related condition (Part X); to amend the education law, in relation to prohibiting mental health professionals from engaging in sexual orientation change efforts with a patient under the age of eighteen years and expanding the definition of professional misconduct with respect to mental S. 1506 4 A. 2006 health professionals (Part Y); and establishing the "rent regulation act of 2019" (Part Z) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2019-2020 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through Z. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, 7 including the effective date of the Part, which makes reference to a 8 section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. 12 PART A 13 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 14 tion law, as amended by section 1 of part CCC of chapter 59 of the laws 15 of 2018, is amended to read as follows: 16 e. Notwithstanding paragraphs a and b of this subdivision, a school 17 district that submitted a contract for excellence for the two thousand 18 eight--two thousand nine school year shall submit a contract for excel- 19 lence for the two thousand nine--two thousand ten school year in 20 conformity with the requirements of subparagraph (vi) of paragraph a of 21 subdivision two of this section unless all schools in the district are 22 identified as in good standing and provided further that, a school 23 district that submitted a contract for excellence for the two thousand 24 nine--two thousand ten school year, unless all schools in the district 25 are identified as in good standing, shall submit a contract for excel- 26 lence for the two thousand eleven--two thousand twelve school year which 27 shall, notwithstanding the requirements of subparagraph (vi) of para- 28 graph a of subdivision two of this section, provide for the expenditure 29 of an amount which shall be not less than the product of the amount 30 approved by the commissioner in the contract for excellence for the two 31 thousand nine--two thousand ten school year, multiplied by the 32 district's gap elimination adjustment percentage and provided further 33 that, a school district that submitted a contract for excellence for the 34 two thousand eleven--two thousand twelve school year, unless all schools 35 in the district are identified as in good standing, shall submit a 36 contract for excellence for the two thousand twelve--two thousand thir- 37 teen school year which shall, notwithstanding the requirements of 38 subparagraph (vi) of paragraph a of subdivision two of this section, 39 provide for the expenditure of an amount which shall be not less than 40 the amount approved by the commissioner in the contract for excellence 41 for the two thousand eleven--two thousand twelve school year and 42 provided further that, a school district that submitted a contract for 43 excellence for the two thousand twelve--two thousand thirteen school 44 year, unless all schools in the district are identified as in good 45 standing, shall submit a contract for excellence for the two thousand 46 thirteen--two thousand fourteen school year which shall, notwithstanding 47 the requirements of subparagraph (vi) of paragraph a of subdivision two S. 1506 5 A. 2006 1 of this section, provide for the expenditure of an amount which shall be 2 not less than the amount approved by the commissioner in the contract 3 for excellence for the two thousand twelve--two thousand thirteen school 4 year and provided further that, a school district that submitted a 5 contract for excellence for the two thousand thirteen--two thousand 6 fourteen school year, unless all schools in the district are identified 7 as in good standing, shall submit a contract for excellence for the two 8 thousand fourteen--two thousand fifteen school year which shall, 9 notwithstanding the requirements of subparagraph (vi) of paragraph a of 10 subdivision two of this section, provide for the expenditure of an 11 amount which shall be not less than the amount approved by the commis- 12 sioner in the contract for excellence for the two thousand thirteen--two 13 thousand fourteen school year; and provided further that, a school 14 district that submitted a contract for excellence for the two thousand 15 fourteen--two thousand fifteen school year, unless all schools in the 16 district are identified as in good standing, shall submit a contract for 17 excellence for the two thousand fifteen--two thousand sixteen school 18 year which shall, notwithstanding the requirements of subparagraph (vi) 19 of paragraph a of subdivision two of this section, provide for the 20 expenditure of an amount which shall be not less than the amount 21 approved by the commissioner in the contract for excellence for the two 22 thousand fourteen--two thousand fifteen school year; and provided 23 further that a school district that submitted a contract for excellence 24 for the two thousand fifteen--two thousand sixteen school year, unless 25 all schools in the district are identified as in good standing, shall 26 submit a contract for excellence for the two thousand sixteen--two thou- 27 sand seventeen school year which shall, notwithstanding the requirements 28 of subparagraph (vi) of paragraph a of subdivision two of this section, 29 provide for the expenditure of an amount which shall be not less than 30 the amount approved by the commissioner in the contract for excellence 31 for the two thousand fifteen--two thousand sixteen school year; and 32 provided further that, a school district that submitted a contract for 33 excellence for the two thousand sixteen--two thousand seventeen school 34 year, unless all schools in the district are identified as in good 35 standing, shall submit a contract for excellence for the two thousand 36 seventeen--two thousand eighteen school year which shall, notwithstand- 37 ing the requirements of subparagraph (vi) of paragraph a of subdivision 38 two of this section, provide for the expenditure of an amount which 39 shall be not less than the amount approved by the commissioner in the 40 contract for excellence for the two thousand sixteen--two thousand 41 seventeen school year; and provided further that a school district that 42 submitted a contract for excellence for the two thousand seventeen--two 43 thousand eighteen school year, unless all schools in the district are 44 identified as in good standing, shall submit a contract for excellence 45 for the two thousand eighteen--two thousand nineteen school year which 46 shall, notwithstanding the requirements of subparagraph (vi) of para- 47 graph a of subdivision two of this section, provide for the expenditure 48 of an amount which shall be not less than the amount approved by the 49 commissioner in the contract for excellence for the two thousand seven- 50 teen--two thousand eighteen school year; and provided further that, a 51 school district that submitted a contract for excellence for the two 52 thousand eighteen--two thousand nineteen school year, unless all schools 53 in the district are identified as in good standing, shall submit a 54 contract for excellence for the two thousand nineteen--two thousand 55 twenty school year which shall, notwithstanding the requirements of 56 subparagraph (vi) of paragraph a of subdivision two of this section, S. 1506 6 A. 2006 1 provide for the expenditure of an amount which shall be not less than 2 the amount approved by the commissioner in the contract for excellence 3 for the two thousand eighteen--two thousand nineteen school year. For 4 purposes of this paragraph, the "gap elimination adjustment percentage" 5 shall be calculated as the sum of one minus the quotient of the sum of 6 the school district's net gap elimination adjustment for two thousand 7 ten--two thousand eleven computed pursuant to chapter fifty-three of the 8 laws of two thousand ten, making appropriations for the support of 9 government, plus the school district's gap elimination adjustment for 10 two thousand eleven--two thousand twelve as computed pursuant to chapter 11 fifty-three of the laws of two thousand eleven, making appropriations 12 for the support of the local assistance budget, including support for 13 general support for public schools, divided by the total aid for adjust- 14 ment computed pursuant to chapter fifty-three of the laws of two thou- 15 sand eleven, making appropriations for the local assistance budget, 16 including support for general support for public schools. Provided, 17 further, that such amount shall be expended to support and maintain 18 allowable programs and activities approved in the two thousand nine--two 19 thousand ten school year or to support new or expanded allowable 20 programs and activities in the current year. 21 § 2. Section 3614 of the education law, as added by section 4 of part 22 CCC of chapter 59 of the laws of 2018, is amended to read as follows: 23 § 3614. Statement of the total funding allocation. 1. Notwithstanding 24 any provision of law, rule or regulation to the contrary, commencing 25 with the two thousand eighteen--two thousand nineteen school year for 26 school districts which contain at least four schools as reported in the 27 school report card database produced by the commissioner for the two 28 thousand sixteen--two thousand seventeen school year and which receive 29 at least fifty percent of total revenue from state aid as reported in 30 the fiscal profiles master files report produced by the commissioner 31 concerning data on school district expenditures and revenues for the two 32 thousand fifteen--two thousand sixteen school year and for school 33 districts located in a city with a population of more than one million, 34 and commencing with the two thousand nineteen--two thousand twenty 35 school year for school districts containing at least four schools as 36 reported in the school report card database produced by the commissioner 37 for the two thousand sixteen--two thousand seventeen school year, and 38 commencing with the two thousand twenty--two thousand twenty-one school 39 year for all [other] school districts eligible for an apportionment 40 pursuant to subdivision four of section thirty-six hundred two of this 41 part, such school districts shall annually submit to the commissioner 42 and the director of the budget and shall make publicly available and on 43 the district website a detailed statement of the total funding allo- 44 cation for each school in the district for the upcoming school budget 45 year [prior to the first day of] on or before the Friday prior to Labor 46 Day of such school year, provided that: 47 a. Such statements shall be in a statewide uniform form developed by 48 the director of the budget, in consultation with the commissioner, 49 provided that when preparing statements districts shall adhere to and 50 complete the prescribed form accurately and fully, and provided further 51 that the director of the budget shall request in such form only informa- 52 tion that is known to, or may be ascertained or estimated by, the 53 district. Provided, further, that each local educational agency shall 54 include in such statement the approach used to allocate funds to each 55 school and that such statement shall include but not be limited to sepa- 56 rate entries for each individual school, demographic data for the S. 1506 7 A. 2006 1 school, per pupil funding level, source of funds, and uniform decision 2 rules regarding allocation of centralized spending to individual schools 3 from all funding sources. 4 b. Within [thirty] ninety days of submission of such statement by a 5 school district, the commissioner and director of the budget shall 6 review such statement and determine whether the statement is complete 7 and is in the format required by paragraph a of this subdivision. If 8 such statement is determined to be complete and in the format required 9 by paragraph a of this subdivision, a written acknowledgement of such 10 shall be sent to the school district. If no determination is made by the 11 commissioner and the director of the budget within [thirty] ninety days 12 of submission of the statement, such statement shall be deemed approved. 13 Should the commissioner or the director of the budget request additional 14 information from the school district to determine completeness, the 15 district shall submit such requested information to the commissioner and 16 the director of the budget within thirty days of such request and the 17 commissioner and the director of the budget's deadline for review and 18 determination shall be extended by [thirty] ninety days from the date of 19 submission of the additional requested information. If the commissioner 20 or director of the budget determine a school district's spending state- 21 ment to be noncompliant, such school district shall be allowed to submit 22 a revised spending statement at any time. 23 c. If a school district fails to submit a statement that is complete 24 and in the format required by paragraph a of this subdivision [by the 25 first day] on or before the Friday prior to Labor Day of such school 26 year or if the commissioner or director of the budget determine the 27 school district's spending statement to be noncompliant, a written 28 explanation shall be provided and the school district will have thirty 29 days to cure. If the school district does not cure within thirty days, 30 at the joint direction of the director of the budget and the commission- 31 er, the comptroller of the city in which such school district is situ- 32 ated, or if the city does not have an elected comptroller, the chief 33 financial officer of the city, or for school districts not located in a 34 city, the chief financial officer of the town in which the majority of 35 the school district is situated shall be authorized, at his or her 36 discretion, to obtain appropriate information from the school district, 37 and shall be authorized to complete such form and submit such statement 38 to the director of the budget and the commissioner for approval in 39 accordance with paragraph b of this subdivision. Where the comptroller 40 or chief financial officer exercises the authority to submit such form, 41 such submission shall occur within sixty days following notification of 42 the school district's failure to cure. Nothing in this paragraph shall 43 preclude a school district from submitting a spending statement for 44 approval by the director of the budget and the commissioner at any time. 45 2. Nothing in this section shall alter or suspend statutory school 46 district budget and voting or approval requirements. 47 3. a. For the two thousand nineteen--two thousand twenty school year 48 and thereafter, school districts designated as requiring an equity plan 49 shall submit such plan as defined in this section on or before July 50 first of such school year to the commissioner for his or her approval. 51 Such plan shall specify how the school district will increase per pupil 52 expenditures, from all sources, in underfunded high-need schools under 53 this subdivision within such district above the level at which the 54 school district would have otherwise funded such schools in the current 55 year in order to maintain a level of current services from the base 56 year, including but not limited to contractual salary increases and S. 1506 8 A. 2006 1 other continuations. Such plan shall specify how the district will 2 utilize for this purpose an amount at least equal to the product of the 3 equity percentage multiplied by the increase in foundation aid in the 4 current year pursuant to subdivision four of section thirty-six hundred 5 two of this part. 6 b. On or before May first of the base year, the director of the budget 7 shall produce a list of underfunded high-need schools, as defined in 8 paragraph c of this subdivision. Provided, however, that the director of 9 the budget shall exclude from this list schools within district seven- 10 ty-five of the city school district of New York, schools that are of the 11 same school type within a district but do not serve any grade levels 12 that overlap, schools serving only students in prekindergarten, or any 13 other schools with irregular or outlying properties. 14 c. In the event that a school district designated as requiring an 15 equity plan for any such school year has not submitted an equity plan 16 pursuant to this subdivision that has been approved by the commissioner 17 by September first of the school year, the commissioner shall develop 18 such plan for the school district, specifying the increase in per pupil 19 expenditures required by paragraph a of this subdivision at each under- 20 funded high-need school within the school district, and shall order the 21 officers of the school district to implement such plan fully and faith- 22 fully. 23 d. For purposes of this subdivision: 24 (1) "school districts designated as requiring an equity plan" shall 25 mean any school district that is required to submit a statement under 26 subdivision one of this section for the base year with an underfunded 27 high-need school; 28 (2) "equity percentage" shall mean the product of ten percent multi- 29 plied by the number of underfunded high-need schools within the school 30 district, but shall not exceed: (A) fifty percent for any school 31 district which receives at least fifty percent of total revenue from 32 state aid as reported in the fiscal profiles master files report 33 produced by the commissioner concerning data on school district expendi- 34 tures and revenues for the two thousand fifteen--two thousand sixteen 35 school year; and (B) seventy-five percent for any other school district; 36 (3) "school type" for any school shall mean elementary, middle, high, 37 pre-k only, or K-12, as defined by the commissioner, provided that for 38 purposes of this subdivision, a "middle" school shall include any school 39 with the grade organization of either a middle school or a junior high 40 school, and a "high" school shall include any school with the grade 41 organization of either a senior high school or a junior-senior high 42 school; 43 (4) "underfunded high-need school" shall mean a school within a school 44 district that has been deemed both a significantly high-need school and 45 a significantly low funded school; 46 (5) "student need index" for any school shall mean the quotient 47 arrived at when dividing the weighted student enrollment as defined 48 herein by the K-12 enrollment for the base year as reported on the 49 statement required pursuant to this section; 50 (6) "average student need index by school type" shall mean the 51 quotient arrived at when dividing the sum of weighted student enrollment 52 as defined herein for all schools within a school district of the same 53 school type by the K-12 enrollment for the base year for all schools in 54 a school district of the same school type as reported on the statement 55 required pursuant to this section; S. 1506 9 A. 2006 1 (7) "weighted student enrollment" for any school shall mean the sum 2 of: (A) K-12 enrollment plus (B) the product of the number of students 3 eligible to receive free and reduced price lunch multiplied by sixty- 4 five one-hundredths (0.65) plus (C) the product of the number of English 5 language learners multiplied by one-half (0.5), plus (D) the product of 6 the number of students with disabilities multiplied by one and forty-one 7 one-hundredths (1.41), for the base year as reported on the statement 8 required pursuant to this section; 9 (8) "significantly high-need school" shall mean a school with a 10 student need index greater than the product of the average student need 11 index by school type within the school district multiplied by one and 12 five one-hundredths (1.05); 13 (9) "per pupil expenditures" for any school shall mean the quotient 14 arrived at when dividing the expenditure amount as reported for the base 15 year in the statement required pursuant to this section, excluding 16 expenditures for prekindergarten and preschool special education 17 programs and central district costs by the weighted student enrollment 18 of the school; 19 (10) "average per pupil expenditures by school type" shall mean the 20 quotient arrived at when dividing (A) the sum of the expenditure amounts 21 reported for the base year in the statement required pursuant to this 22 section, excluding expenditures for prekindergarten and preschool 23 special education programs and central district costs, for all schools 24 within a school district of the same school type by (B) the weighted 25 student enrollment for the base year for all schools in a school 26 district of the same school type as reported on the statement required 27 pursuant to this section; 28 (11) "significantly low funded school" shall mean a school within a 29 school district that has per pupil expenditures less than the product of 30 the average per pupil expenditures by school type within the school 31 district multiplied by one and five one-hundredths (1.05). 32 (12) "base year" shall mean the base year as defined in paragraph b of 33 subdivision one of section thirty-six hundred two of this part. 34 (13) "current year" shall mean the current year as defined in para- 35 graph a of subdivision one of section thirty-six hundred two of this 36 part. 37 § 3. Paragraph bb of subdivision 1 of section 3602 of the education 38 law, as added by section 25 of part A of chapter 58 of the laws of 2011, 39 is amended to read as follows: 40 bb. "Personal income growth index" shall mean (1) for the two thousand 41 twelve--two thousand thirteen school year, the average of the quotients 42 for each year in the period commencing with the two thousand five--two 43 thousand six state fiscal year and finishing with the two thousand nine- 44 -two thousand ten state fiscal year of the total personal income of the 45 state for each such year divided by the total personal income of the 46 state for the immediately preceding state fiscal year, but not less than 47 one [and], (2) for the two thousand thirteen--two thousand fourteen 48 [school year and each school year thereafter] through two thousand eigh- 49 teen--two thousand nineteen school years, the quotient of the total 50 personal income of the state for the state fiscal year one year prior to 51 the state fiscal year in which the base year commenced divided by the 52 total personal income of the state for the immediately preceding state 53 fiscal year, but not less than one and (3) for the two thousand nine- 54 teen--two thousand twenty school year and each school year thereafter, 55 the average of the quotients for each year in the period commencing with 56 the state fiscal year nine years prior to the state fiscal year in which S. 1506 10 A. 2006 1 the base year began and finishing with the state fiscal year prior to 2 the state fiscal year in which the base year began of the total personal 3 income of the state for each such year divided by the total personal 4 income of the state for the immediately preceding state fiscal year, but 5 not less than one. 6 § 4. Paragraph e of subdivision 4 of section 3602 of the education 7 law, as amended by section 9-b of part CCC of chapter 59 of the laws of 8 2018, is amended to read as follows: 9 e. Community schools aid set-aside. Each school district shall set 10 aside from its total foundation aid computed for the current year pursu- 11 ant to this subdivision an amount equal to the sum of (i) the amount, if 12 any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the 13 data file produced by the commissioner in support of the enacted budget 14 for the two thousand sixteen--two thousand seventeen school year and 15 entitled "SA161-7", (ii) the amount, if any, set forth for such district 16 as "COMMUNITY SCHL INCR" in the data file produced by the commissioner 17 in support of the executive budget request for the two thousand seven- 18 teen--two thousand eighteen school year and entitled "BT171-8", [and] 19 (iii) the amount, if any, set forth for such district as "COMMUNITY 20 SCHOOLS INCREASE" in the data file produced by the commissioner in 21 support of the executive budget for the two thousand eighteen--two thou- 22 sand nineteen school year and entitled "BT181-9", and (iv) the amount, 23 if any, set forth for such district as "19-20 COMMUNITY SCHOOLS INCR" in 24 the data file produced by the commissioner in support of the executive 25 budget for the two thousand nineteen--two thousand twenty school year 26 and entitled "BT192-0". Each school district shall use such "COMMUNITY 27 SCHL AID (BT1617)" amount to support the transformation of school build- 28 ings into community hubs to deliver co-located or school-linked academ- 29 ic, health, mental health, nutrition, counseling, legal and/or other 30 services to students and their families, including but not limited to 31 providing a community school site coordinator, or to support other costs 32 incurred to maximize students' academic achievement. Each school 33 district shall use such "COMMUNITY SCHL INCR" amount to support the 34 transformation of school buildings into community hubs to deliver co-lo- 35 cated or school linked academic, health, mental health services and 36 personnel, after-school programming, dual language programs, nutrition, 37 counseling, legal and/or other services to students and their families, 38 including but not limited to providing a community school site coordina- 39 tor and programs for English language learners, or to support other 40 costs incurred to maximize students' academic achievement, provided 41 however that a school district whose "COMMUNITY SCHL INCR" amount 42 exceeds one million dollars ($1,000,000) shall use an amount equal to 43 the greater of one hundred fifty thousand dollars ($150,000) or ten 44 percent of such "COMMUNITY SCHL INCR" amount to support such transforma- 45 tion at schools with extraordinary high levels of student need as iden- 46 tified by the commissioner, subject to the approval of the director of 47 the budget. Each school district shall use such "COMMUNITY SCHOOLS 48 INCREASE" to support the transformation of school buildings into commu- 49 nity hubs to deliver co-located or school linked academic, health, 50 mental health services and personnel, after-school programming, dual 51 language programs, nutrition, counseling, legal and/or other services to 52 students and their families, including but not limited to providing a 53 community school site coordinator and programs for English language 54 learners, or to support other costs incurred to maximize students' 55 academic achievement. Each school district shall use such "19-20 COMMU- 56 NITY SCHOOLS INCR" to support the transformation of school buildings S. 1506 11 A. 2006 1 into community hubs to deliver co-located or school linked academic, 2 health, mental health services and personnel, after-school programming, 3 dual language programs, nutrition, counseling, legal and/or other 4 services to students and their families, including but not limited to 5 providing a community school site coordinator and programs for English 6 language learners. 7 § 5. Subdivision 4 of section 3602 of the education law is amended by 8 adding a new paragraph g to read as follows: 9 g. Foundation aid payable in the two thousand nineteen--two thousand 10 twenty school year. Notwithstanding any provision of law to the contra- 11 ry, foundation aid payable in the two thousand nineteen--two thousand 12 twenty school year shall equal the sum of the foundation aid base 13 computed pursuant to paragraph j of subdivision one of this section plus 14 the base increase plus the two thousand nineteen--two thousand twenty 15 community schools increase, both as defined in this paragraph. 16 (1) The base increase shall equal the greater of tiers A, B, C, or D 17 as defined in this subparagraph. 18 (A) Tier A shall equal the product of the phase-in factor multiplied 19 by the positive difference, if any, of (a) the product of the total 20 aidable foundation pupil units multiplied by the district's selected 21 foundation aid less (b) the total foundation aid base computed pursuant 22 to paragraph j of subdivision one of this section, where "phase-in 23 factor" shall mean (1) for a city school district in a city with a popu- 24 lation of one million or more, eleven thousand nine hundred thirty-four 25 hundred thousandths (0.11934), and (2) for all other school districts, 26 five one-thousandths (0.005). 27 (B) Tier B shall equal, for districts with a combined wealth ratio for 28 total foundation aid computed pursuant to paragraph c of subdivision 29 three of this section less than one and an extraordinary needs percent 30 for the district computed pursuant to paragraph w of subdivision one of 31 this section greater than three hundred fifteen one-thousandths (0.315), 32 the product of public school district enrollment computed pursuant to 33 paragraph n of subdivision one of this section multiplied by the sum of 34 the EN base increase plus the sparsity increase, where "EN base 35 increase" shall mean the product, truncated to two decimals, of the 36 extraordinary needs index multiplied by ninety-seven dollars and three 37 cents ($97.03); "extraordinary needs index" shall mean the quotient 38 arrived at when dividing the extraordinary needs percent by the quotient 39 arrived at when dividing the statewide extraordinary needs count 40 computed pursuant to paragraph s of subdivision one of this section by 41 the statewide total public school district enrollment computed pursuant 42 to paragraph n of subdivision one of this section; "sparsity increase" 43 shall mean, for districts with a sparsity factor computed pursuant to 44 paragraph r of subdivision one of this section greater than zero and 45 otherwise eligible for this tier, the product of the extraordinary needs 46 index as computed herein multiplied by thirty dollars ($30.00). 47 (C) Tier C shall equal, for all school districts, the product of 48 public school district enrollment computed pursuant to paragraph n of 49 subdivision one of this section multiplied by the product of the tier C 50 ratio multiplied by one hundred seventy-three dollars and two and one- 51 half cents ($173.025), where the "tier C ratio" shall be the difference 52 of one and thirty-seven hundredths (1.37) less the product of one and 53 seventy-two hundredths (1.72) multiplied by the pupil wealth ratio for 54 total foundation aid computed pursuant to paragraph a of subdivision 55 three of this section, provided that such ratio shall not be less than 56 zero nor more than nine-tenths (0.9). S. 1506 12 A. 2006 1 (D) Tier D shall equal, for all school districts, the product of the 2 foundation aid base computed pursuant to paragraph j of subdivision one 3 of this section multiplied by twenty-five ten thousandths (0.0025). 4 (2) The two thousand nineteen--two thousand twenty community schools 5 increase shall equal the greater of tiers one or two, where: 6 (A) Tier one shall equal, for eligible school districts, the tier one 7 per pupil amount multiplied by public school district enrollment 8 computed pursuant to paragraph n of subdivision one of this section, 9 where the tier one per pupil amount shall equal the product of eighty- 10 two dollars and sixty-three cents ($82.63) multiplied by the tier one 11 ratio, where the tier one ratio shall equal the difference of one less 12 the product of the combined wealth ratio for total foundation aid multi- 13 plied by sixty-four hundredths (0.64), provided that such ratio shall 14 not be less than zero nor greater than nine-tenths (0.9). An "eligible 15 school district" shall mean a school district with (i) at least one 16 school designated as failing or persistently failing by the commissioner 17 pursuant to paragraph (a) or (b) of subdivision one of section two 18 hundred eleven-f of this chapter as of January first, two thousand eigh- 19 teen or, (ii) a combined wealth ratio for total foundation aid computed 20 pursuant to paragraph c of subdivision three of this section less than 21 nine-tenths (0.9), and five year ELL growth greater than the greater of 22 one hundred (100) pupils or the growth threshold, where "five year ELL 23 growth" shall equal the positive difference of the English language 24 learner count for the two thousand eighteen--two thousand nineteen 25 school year less such count for the two thousand thirteen--two thousand 26 fourteen school year, and where "growth threshold" shall equal the prod- 27 uct of the English language learner count for the two thousand thir- 28 teen--two thousand fourteen school year multiplied by one-tenth (0.1). 29 (B) Tier two shall equal, for all school districts with a community 30 schools setaside pursuant to paragraph e of this subdivision greater 31 than zero, the positive difference, if any, of one hundred thousand 32 dollars ($100,000) less such community schools setaside for the two 33 thousand eighteen--two thousand nineteen school year pursuant to para- 34 graph e of this subdivision. 35 § 5-a. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 36 of section 3602 of the education law, as amended by section 9-b of part 37 CCC of chapter 59 of the laws of 2018, is amended to read as follows: 38 (ii) Phase-in foundation increase factor. For the two thousand 39 eleven--two thousand twelve school year, the phase-in foundation 40 increase factor shall equal thirty-seven and one-half percent (0.375) 41 and the phase-in due minimum percent shall equal nineteen and forty-one 42 hundredths percent (0.1941), for the two thousand twelve--two thousand 43 thirteen school year the phase-in foundation increase factor shall equal 44 one and seven-tenths percent (0.017), for the two thousand thirteen--two 45 thousand fourteen school year the phase-in foundation increase factor 46 shall equal (1) for a city school district in a city having a population 47 of one million or more, five and twenty-three hundredths percent 48 (0.0523) or (2) for all other school districts zero percent, for the two 49 thousand fourteen--two thousand fifteen school year the phase-in founda- 50 tion increase factor shall equal (1) for a city school district of a 51 city having a population of one million or more, four and thirty-two 52 hundredths percent (0.0432) or (2) for a school district other than a 53 city school district having a population of one million or more for 54 which (A) the quotient of the positive difference of the foundation 55 formula aid minus the foundation aid base computed pursuant to paragraph 56 j of subdivision one of this section divided by the foundation formula S. 1506 13 A. 2006 1 aid is greater than twenty-two percent (0.22) and (B) a combined wealth 2 ratio less than thirty-five hundredths (0.35), seven percent (0.07) or 3 (3) for all other school districts, four and thirty-one hundredths 4 percent (0.0431), and for the two thousand fifteen--two thousand sixteen 5 school year the phase-in foundation increase factor shall equal: (1) for 6 a city school district of a city having a population of one million or 7 more, thirteen and two hundred seventy-four thousandths percent 8 (0.13274); or (2) for districts where the quotient arrived at when 9 dividing (A) the product of the total aidable foundation pupil units 10 multiplied by the district's selected foundation aid less the total 11 foundation aid base computed pursuant to paragraph j of subdivision one 12 of this section divided by (B) the product of the total aidable founda- 13 tion pupil units multiplied by the district's selected foundation aid is 14 greater than nineteen percent (0.19), and where the district's combined 15 wealth ratio is less than thirty-three hundredths (0.33), seven and 16 seventy-five hundredths percent (0.0775); or (3) for any other district 17 designated as high need pursuant to clause (c) of subparagraph two of 18 paragraph c of subdivision six of this section for the school aid 19 computer listing produced by the commissioner in support of the enacted 20 budget for the two thousand seven--two thousand eight school year and 21 entitled "SA0708", four percent (0.04); or (4) for a city school 22 district in a city having a population of one hundred twenty-five thou- 23 sand or more but less than one million, fourteen percent (0.14); or (5) 24 for school districts that were designated as small city school districts 25 or central school districts whose boundaries include a portion of a 26 small city for the school aid computer listing produced by the commis- 27 sioner in support of the enacted budget for the two thousand fourteen-- 28 two thousand fifteen school year and entitled "SA1415", four and seven 29 hundred fifty-one thousandths percent (0.04751); or (6) for all other 30 districts one percent (0.01), and for the two thousand sixteen--two 31 thousand seventeen school year the foundation aid phase-in increase 32 factor shall equal for an eligible school district the greater of: (1) 33 for a city school district in a city with a population of one million or 34 more, seven and seven hundred eighty four thousandths percent (0.07784); 35 or (2) for a city school district in a city with a population of more 36 than two hundred fifty thousand but less than one million as of the most 37 recent federal decennial census, seven and three hundredths percent 38 (0.0703); or (3) for a city school district in a city with a population 39 of more than two hundred thousand but less than two hundred fifty thou- 40 sand as of the most recent federal decennial census, six and seventy-two 41 hundredths percent (0.0672); or (4) for a city school district in a city 42 with a population of more than one hundred fifty thousand but less than 43 two hundred thousand as of the most recent federal decennial census, six 44 and seventy-four hundredths percent (0.0674); or (5) for a city school 45 district in a city with a population of more than one hundred twenty- 46 five thousand but less than one hundred fifty thousand as of the most 47 recent federal decennial census, nine and fifty-five hundredths percent 48 (0.0955); or (6) for school districts that were designated as small city 49 school districts or central school districts whose boundaries include a 50 portion of a small city for the school aid computer listing produced by 51 the commissioner in support of the enacted budget for the two thousand 52 fourteen--two thousand fifteen school year and entitled "SA141-5" with a 53 combined wealth ratio less than one and four tenths (1.4), nine percent 54 (0.09), provided, however, that for such districts that are also 55 districts designated as high need urban-suburban pursuant to clause (c) 56 of subparagraph two of paragraph c of subdivision six of this section S. 1506 14 A. 2006 1 for the school aid computer listing produced by the commissioner in 2 support of the enacted budget for the two thousand seven--two thousand 3 eight school year and entitled "SA0708", nine and seven hundred and 4 nineteen thousandths percent (0.09719); or (7) for school districts 5 designated as high need rural pursuant to clause (c) of subparagraph two 6 of paragraph c of subdivision six of this section for the school aid 7 computer listing produced by the commissioner in support of the enacted 8 budget for the two thousand seven--two thousand eight school year and 9 entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for 10 school districts designated as high need urban-suburban pursuant to 11 clause (c) of subparagraph two of paragraph c of subdivision six of this 12 section for the school aid computer listing produced by the commissioner 13 in support of the enacted budget for the two thousand seven--two thou- 14 sand eight school year and entitled "SA0708", seven hundred nineteen 15 thousandths percent (0.00719); or (9) for all other eligible school 16 districts, forty-seven hundredths percent (0.0047), provided further 17 that for the two thousand seventeen--two thousand eighteen school year 18 the foundation aid increase phase-in factor shall equal (1) for school 19 districts with a census 2000 poverty rate computed pursuant to paragraph 20 q of subdivision one of this section equal to or greater than twenty-six 21 percent (0.26), ten and three-tenths percent (0.103), or (2) for a 22 school district in a city with a population in excess of one million or 23 more, seventeen and seventy-seven one-hundredths percent (0.1777), or 24 (3) for a city school district in a city with a population of more than 25 two hundred fifty thousand but less than one million, as of the most 26 recent decennial census, twelve and sixty-nine hundredths percent 27 (0.1269) or (4) for a city school district in a city with a population 28 of more than one hundred fifty thousand but less than two hundred thou- 29 sand, as of the most recent federal decennial census, ten and seventy- 30 eight one hundredths percent (0.1078), or (5) for a city school district 31 in a city with a population of more than one hundred twenty-five thou- 32 sand but less than one hundred fifty thousand as of the most recent 33 federal decennial census, nineteen and one hundred eight one-thousandths 34 percent (0.19108), or (6) for a city school district in a city with a 35 population of more than two hundred thousand but less than two hundred 36 fifty thousand as of the most recent federal decennial census, ten and 37 six-tenths percent (0.106), or (7) for all other districts, four and 38 eighty-seven one-hundredths percent (0.0487), and for the two thousand 39 [nineteen] twenty--two thousand [twenty] twenty-one school year and 40 thereafter the commissioner shall annually determine the phase-in foun- 41 dation increase factor subject to allocation pursuant to the provisions 42 of subdivision eighteen of this section and any provisions of a chapter 43 of the laws of New York as described therein. 44 § 6. Paragraph d of subdivision 4 of section 3602 of the education 45 law, as amended by section 9-b of part CCC of chapter 59 of the laws of 46 2018, is amended to read as follows: 47 d. For the two thousand fourteen--two thousand fifteen through two 48 thousand [eighteen] nineteen--two thousand [nineteen] twenty school 49 years a city school district of a city having a population of one 50 million or more may use amounts apportioned pursuant to this subdivision 51 for afterschool programs. 52 § 7. Subparagraph 4 of paragraph e of subdivision 3 of section 3602 of 53 the education law, as added by section 13 of part B of chapter 57 of the 54 laws of 2007, is amended to read as follows: 55 (4) The building aid ratio shall be computed by subtracting from one 56 the product obtained by multiplying the resident weighted average daily S. 1506 15 A. 2006 1 attendance wealth ratio by fifty-one percent. Such aid ratio shall be 2 expressed as a decimal carried to three places without rounding, but 3 shall not be less than (i) for the two thousand nineteen--two thousand 4 twenty and prior school years, zero , or (ii) for the two thousand twen- 5 ty--two thousand twenty-one school year and thereafter, five one-hun- 6 dredths (0.05). 7 § 8. Subparagraph 2 of paragraph a of subdivision 6 of section 3602 of 8 the education law, as amended by section 5 of part A of chapter 60 of 9 the laws of 2000, is amended to read as follows: 10 (2) Where a school district has expenditures for site purchase, grad- 11 ing or improvement of the site, original furnishings, equipment, machin- 12 ery or apparatus, or professional fees, or other incidental costs, the 13 cost allowances for new construction and the purchase of existing struc- 14 tures may be increased by the actual expenditures for such purposes but 15 by not more than: (i) for projects approved prior to July first, two 16 thousand nineteen by the voters of the school district or by the board 17 of education of a city school district in a city with more than one 18 hundred twenty-five thousand inhabitants, and/or the chancellor in a 19 city school district in a city having a population of one million or 20 more, an amount equal to the product of the applicable cost allowance 21 established pursuant to subparagraph one of this paragraph and twenty 22 per centum for school buildings or additions housing grades prekinder- 23 garten through six and by not more than the product of such cost allow- 24 ance and twenty-five per centum for school buildings or additions hous- 25 ing grades seven through twelve and by not more than the product of such 26 cost allowance and twenty-five per centum for school buildings or addi- 27 tions housing special education programs as approved by the 28 commissioner; and (ii) for projects approved on or after July first, two 29 thousand nineteen by the voters of the school district or by the board 30 of education of a city school district in a city with more than one 31 hundred twenty-five thousand inhabitants, and/or the chancellor in a 32 city school district in a city having a population of one million or 33 more, an amount equal to the product of the lesser of the cost allowance 34 computed pursuant to subparagraph one of this paragraph or the actual 35 costs relating to the construction, acquisition, reconstruction, reha- 36 bilitation or improvement of a school building and twenty per centum for 37 school buildings or additions housing grades prekindergarten through six 38 and by not more than the product of such lesser amount and twenty-five 39 per centum for school buildings or additions housing grades seven 40 through twelve and by not more than the product of such lesser amount 41 and twenty-five per centum for school buildings or additions housing 42 special education programs as approved by the commissioner. 43 § 9. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6 of 44 section 3602 of the education law, as amended by section 12-a of part L 45 of chapter 57 of the laws of 2005, is amended to read as follows: 46 (ii) Apportionment. The apportionment pursuant to this subparagraph 47 shall equal the product of such eligible approved expenses determined in 48 accordance with the provisions of clause (i) of this subparagraph and 49 this section and the incentive decimal computed for use in the year in 50 which the project was approved. The incentive decimal shall equal: (A) 51 for projects approved prior to July first, two thousand nineteen by the 52 voters of the school district or by the board of education of a city 53 school district in a city with more than one hundred twenty-five thou- 54 sand inhabitants, and/or the chancellor in a city school district in a 55 city having a population of one million or more, the positive remainder 56 resulting when the district's building aid ratio selected pursuant to S. 1506 16 A. 2006 1 paragraph c of this subdivision is subtracted from the enhanced building 2 aid ratio. The enhanced building aid ratio shall equal the sum of the 3 building aid ratio selected for use in the current year pursuant to 4 paragraph c of this subdivision and one-tenth, computed to three deci- 5 mals without rounding, but not more than (a) ninety-eight hundredths for 6 a high need school district, as defined pursuant to regulations of the 7 commissioner, for all school building projects approved by the voters of 8 the school district or by the board of education of a city school 9 district in a city with more than one hundred twenty-five thousand 10 inhabitants, and/or the chancellor in a city school district in a city 11 having a population of one million or more, on or after July first, two 12 thousand five, or (b) ninety-five hundredths for any other school build- 13 ing project or school district, nor less than one-tenth; and (B) for 14 projects approved on or after July first, two thousand nineteen by the 15 voters of the school district or by the board of education of a city 16 school district in a city with more than one hundred twenty-five thou- 17 sand inhabitants, and/or the chancellor in a city school district in a 18 city having a population of one million or more, the positive remainder 19 resulting when the district's current year building aid ratio pursuant 20 to clause d of subparagraph two of paragraph c of this subdivision is 21 subtracted from the enhanced building aid ratio. The enhanced building 22 aid ratio shall equal the sum of the building aid ratio selected for use 23 in the current year pursuant to clause d of subparagraph two of para- 24 graph c of this subdivision and scaled incentive decimal, computed to 25 three decimals without rounding, but not more than (a) ninety-eight 26 hundredths for a high-need school district, as defined pursuant to regu- 27 lations of the commissioner and used for the school aid computer listing 28 produced by the commissioner in support of the enacted budget for the 29 two thousand seven--two thousand eight school year and entitled 30 "SA0708", for all school building projects approved by the voters of the 31 school district or by the board of education of a city school district 32 in a city with more than one hundred twenty-five thousand inhabitants, 33 and/or the chancellor in a city school district in a city having a popu- 34 lation of one million or more, or (b) ninety-five hundredths for any 35 other school building project or school district. The scaled incentive 36 decimal shall equal (a) one-tenth for a high-need school district, as 37 defined pursuant to regulations of the commissioner and used for the 38 school aid computer listing produced by the commissioner in support of 39 the enacted budget for the two thousand seven--two thousand eight school 40 year and entitled "SA0708", for all school building projects approved by 41 the voters of the school district or by the board of education of a city 42 school district in a city with more than one hundred twenty-five thou- 43 sand inhabitants, and/or the chancellor in a city school district in a 44 city having a population of one million or more, or (b) the product of 45 one-tenth multiplied by the state sharing ratio computed pursuant to 46 paragraph g of subdivision three of this section for any other school 47 building project or school district. 48 § 10. Clause (b) of subparagraph 2 of paragraph c of subdivision 6 of 49 section 3602 of the education law, as amended by section 15 of part B of 50 chapter 57 of the laws of 2008, is amended and a new clause (d) is added 51 to read as follows: 52 (b) For aid payable in the school years two thousand--two thousand one 53 and thereafter for all school building projects approved by the voters 54 of the school district or by the board of education of a city school 55 district in a city with more than one hundred twenty-five thousand 56 inhabitants, and/or the chancellor in a city school district in a city S. 1506 17 A. 2006 1 having a population of one million or more, on or after July first, two 2 thousand, and prior to July first, two thousand nineteen, any school 3 district shall compute aid under the provisions of this subdivision 4 using the sum of the high-need supplemental building aid ratio, if any, 5 computed pursuant to clause (c) of this subparagraph and the greater of 6 (i) the building aid ratio computed for use in the current year; or (ii) 7 a building aid ratio equal to the difference of the aid ratio that was 8 used or that would have been used to compute an apportionment pursuant 9 to this subdivision in the nineteen hundred ninety-nine--two thousand 10 school year as such aid ratio is computed by the commissioner based on 11 data on file with the department on or before July first of the third 12 school year following the school year in which aid is first payable, 13 less one-tenth; or (iii) for all such school building projects approved 14 by the voters of the school district or by the board of education of a 15 city school district in a city with more than one hundred twenty-five 16 thousand inhabitants, and/or the chancellor in a city school district in 17 a city having a population of one million or more, on or after July 18 first, two thousand and on or before June thirtieth, two thousand four, 19 for any school district for which the pupil wealth ratio is greater than 20 two and five-tenths in the school year in which such school building 21 project was approved by the voters of the school district or by the 22 board of education of a city school district in a city with more than 23 one hundred twenty-five thousand inhabitants, and/or the chancellor in a 24 city school district in a city having a population of one million or 25 more and for which the alternate pupil wealth ratio is less than eight- 26 y-five hundredths in such school year, and for all such school building 27 projects approved by the voters of the school district or by the board 28 of education of a city school district in a city with more than one 29 hundred twenty-five thousand inhabitants, and/or the chancellor in a 30 city school district in a city having a population of one million or 31 more, on or after July first, two thousand five and on or before June 32 thirtieth, two thousand eight, for any school district for which the 33 pupil wealth ratio was greater than two and five-tenths in the two thou- 34 sand--two thousand one school year and for which the alternate pupil 35 wealth ratio was less than eighty-five hundredths in the two thousand-- 36 two thousand one school year, the additional building aid ratio; 37 provided that, school districts who are eligible for aid under paragraph 38 f of subdivision fourteen of this section may compute aid under the 39 provisions of this subdivision using the difference of the highest of 40 the aid ratios so computed for the reorganized district or the highest 41 of the aid ratios so computed for any of the individual school districts 42 which existed prior to the date of the reorganized school district less 43 one-tenth. 44 (d) For aid payable in the school years two thousand twenty--two thou- 45 sand twenty-one and thereafter for all school building projects approved 46 by the voters of the school district or by the board of education of a 47 city school district in a city with more than one hundred twenty-five 48 thousand inhabitants, and/or the chancellor in a city school district in 49 a city having a population of one million or more, on or after July 50 first, two thousand nineteen, any school district shall compute aid 51 under the provisions of this subdivision using the sum of the high-need 52 supplemental building aid ratio, if any, computed pursuant to clause (c) 53 of this subparagraph and the building aid ratio computed for use in the 54 current year as computed pursuant to subparagraph four of paragraph e of 55 subdivision three of this section; provided that, school districts who 56 are eligible for aid under paragraph f of subdivision fourteen of this S. 1506 18 A. 2006 1 section may compute aid under the provisions of this subdivision using 2 the difference of the highest of the aid ratios so computed pursuant to 3 this clause for the reorganized district or the highest of the aid 4 ratios so computed for any of the individual school districts which 5 existed prior to the date of the reorganized school district. 6 § 11. Subdivision 1 of section 3602 of the education law is amended by 7 adding a new paragraph ii to read as follows: 8 ii. "Services aid base" for the purposes of this section for aid paya- 9 ble in the (i) two thousand twenty--two thousand twenty-one school year, 10 shall equal the total amount a district was eligible to receive in the 11 base year, as computed by the commissioner based on data on file with 12 the education department on November fifteenth, two thousand nineteen 13 for: 14 (1) the apportionment for textbooks provided and computed pursuant to 15 section seven hundred one of this chapter; 16 (2) aid for the purchase of school library materials computed pursuant 17 to section seven hundred eleven of this chapter; 18 (3) aid for computer software purchases computed pursuant to section 19 seven hundred fifty-one of this chapter; 20 (4) instructional computer hardware and technology equipment appor- 21 tionment computed pursuant to section seven hundred fifty-three of this 22 chapter; 23 (5) BOCES aid computed pursuant to section nineteen hundred fifty of 24 this chapter; 25 (6) supplemental public excess cost aid computed pursuant to subdivi- 26 sion five-a of this section; 27 (7) transportation aid computed pursuant to subdivision seven of this 28 section; 29 (8) special services aid for large city school districts and other 30 school districts which were not components of a board of cooperative 31 educational services in the base year computed pursuant to subdivision 32 ten of this section; 33 (9) academic enhancement aid computed pursuant to subdivision twelve 34 of this section; 35 (10) high tax aid computed pursuant to subdivision sixteen of this 36 section; 37 (11) transitional aid for charter school payments computed pursuant to 38 subdivision forty-one of this section; and 39 (ii) in the two thousand twenty-one--two thousand twenty--two school 40 year and thereafter shall equal the total amount a district was eligible 41 to receive in the base year pursuant to subdivision nineteen of this 42 section. 43 § 12. Section 3602 of the education law is amended by adding a new 44 subdivision 19 to read as follows: 45 19. Services aid. a. Notwithstanding sections seven hundred one, seven 46 hundred eleven, seven hundred fifty-one, seven hundred fifty-three, and 47 nineteen hundred fifty of this chapter and subdivisions five-a, seven, 48 ten, twelve, sixteen, and forty-one of this section, for the two thou- 49 sand twenty--two thousand twenty-one school year and thereafter, in lieu 50 of such apportionments, a school district shall be eligible to receive a 51 services aid apportionment in the amount of the product of the services 52 aid base computed pursuant to paragraph ii of subdivision one of this 53 section multiplied by the sum of (a) the consumer price index computed 54 pursuant to paragraph hh of subdivision one of this section for the 55 current year and (b) the annual change in resident weighted average 56 daily attendance, provided that such sum is not less than one (1.0). S. 1506 19 A. 2006 1 Provided further, for the purposes of this section, "annual change in 2 resident weighted average daily attendance" shall mean the quotient of 3 (a) the difference of the resident weighted average daily attendance 4 pursuant to subparagraph two of paragraph d of subdivision one of this 5 section for the year prior to the base year less such resident weighted 6 average daily attendance for the year two years prior to the base year 7 divided by (b) the resident weighted average daily attendance for the 8 year two years prior to the base year. 9 b. For the purposes of this chapter, "BOCES payment adjustment" shall 10 mean the amount computed for the apportionment pursuant to section nine- 11 teen hundred fifty of this chapter for the two thousand nineteen--two 12 thousand twenty school year as computed by the commissioner based on 13 data on file with the education department on November fifteenth, two 14 thousand nineteen. Notwithstanding any provision of law to the contrary 15 the BOCES payment adjustment shall be paid pursuant to section thirty- 16 six hundred nine-d of this chapter. 17 § 13. The opening paragraph of section 3609-d of the education law, as 18 amended by section 20 of part L of chapter 57 of the laws of 2005, is 19 amended to read as follows: 20 Notwithstanding the provisions of section thirty-six hundred nine-a of 21 this article, apportionments payable pursuant to section nineteen 22 hundred fifty of this chapter, and the BOCES payment adjustment payable 23 pursuant to subdivision nineteen of section thirty-six hundred two of 24 this chapter shall be paid pursuant to this section. For aid payable in 25 the two thousand four--two thousand five school year and thereafter, 26 "moneys apportioned" shall mean the lesser of (i) one hundred percent of 27 the respective amount set forth for each school district as payable 28 pursuant to this section in the school aid computer listing produced by 29 the commissioner in support of the budget including the appropriation 30 for support of boards of cooperative educational services for payments 31 due prior to April first for the current year, or (ii) the apportionment 32 calculated by the commissioner based on data on file at the time the 33 payment is processed; provided however, that for the purposes of any 34 payment to be made in the month of June of two thousand six such calcu- 35 lation shall be based on the school aid computer listing for the current 36 year using updated data at the time of each payment. For districts 37 subject to chapter five hundred sixty-three of the laws of nineteen 38 hundred eighty, thirty-six hundred two-b, or two thousand forty of this 39 chapter, for aid payable in the two thousand four--two thousand five 40 school year and thereafter, "moneys apportioned" shall mean the appor- 41 tionment calculated by the commissioner based on data on file at the 42 time the payment is processed. The "school aid computer listing for the 43 current year" shall be as defined in the opening paragraph of section 44 thirty-six hundred nine-a of this article. The definitions "base year" 45 and "current year" as set forth in subdivision one of section thirty-six 46 hundred two of this article shall apply to this section. 47 § 14. Subparagraphs 2 and 3 of paragraph a of subdivision 1 of section 48 3609-a of the education law are REPEALED. 49 § 14-a. Subparagraphs 1 and 2 of paragraph b of subdivision 4 of 50 section 92-c of the state finance law are REPEALED. 51 § 15. The education law is amended by adding a new article 39-A to 52 read as follows: 53 ARTICLE 39-A 54 REGIONAL STEM MAGNET SCHOOLS 55 Section 1918. Establishment of regional STEM magnet schools. S. 1506 20 A. 2006 1 § 1918. Establishment of regional STEM magnet schools. 1. a. A 2 regional science, technology, engineering, and mathematics (STEM) magnet 3 school may be established by a board of cooperative educational services 4 pursuant to this section for students in grades nine through twelve, and 5 shall be subject to the approval of the commissioner of education. 6 b. A board of cooperative educational services shall submit to the 7 commissioner a proposed plan for the operation of such school for his or 8 her approval, in a form and manner prescribed by the commissioner. 9 c. Such school shall be governed by the board of education of the 10 board of cooperative educational services. 11 d. The board of cooperative educational services shall have responsi- 12 bility for the operation, supervision and maintenance of the school and 13 shall be responsible for the administration of the school, including 14 curriculum, grading, and staffing. 15 e. The board of cooperative educational services shall be authorized 16 to enter into contracts as necessary or convenient to operate such 17 school. 18 f. For purposes of this section, the board of cooperative educational 19 services shall be deemed a school district for accountability purposes. 20 g. Students attending such school shall continue to be enrolled in 21 their school district of residence, and each school district of resi- 22 dence shall be responsible for the issuance of a high school diploma to 23 their resident students who attended the school based on such students' 24 successful completion of the school's educational program. 25 h. For purposes of all state aid calculations pursuant to this chap- 26 ter, students attending such school shall continue to be treated and 27 counted as students of their school district of residence. 28 i. Notwithstanding any other provision of law to the contrary, each 29 student's school district of residence shall be responsible for provid- 30 ing or arranging for transportation to its resident students attending 31 such school, in accordance with its school district policy, but without 32 regard to any maximum mileage limitation. 33 j. All employees of the school shall be considered employees of the 34 board of cooperative educational services. 35 k. The board of cooperative educational services may enter into a 36 lease with respect to suitable land, classrooms, offices or buildings in 37 which to maintain and conduct such school pursuant to subdivision four 38 of section nineteen hundred fifty of this title. 39 l. The board of cooperative educational services shall establish a 40 methodology for the apportionment of operational and administrative 41 costs of such school between participating school districts; provided, 42 however, that no costs shall be apportioned to component school 43 districts that elect not to participate in such school. 44 m. The trustees or board of education of a non-component school 45 district, including city school districts of cities in excess of one 46 hundred twenty-five thousand inhabitants, may enter into a memorandum of 47 understanding with a board of cooperative educational services to 48 participate in such school program for a period not to exceed five years 49 upon such terms as such trustees or board of education and the board of 50 cooperative educational services may mutually agree, provided that such 51 agreement may provide for a charge for administration costs of such 52 program, but participating non-component school districts shall not be 53 liable for payment of administrative expenses as defined in paragraph b 54 of subdivision four of section nineteen hundred fifty of this title. 55 n. A school may be jointly operated by two boards of cooperative 56 educational services pursuant to an intermunicipal sharing agreement S. 1506 21 A. 2006 1 entered into pursuant to section one hundred nineteen-o of the general 2 municipal law. Upon adoption of a budget for the program for a school 3 year, costs shall be allocated between each board of cooperative educa- 4 tional services in a manner provided in the intermunicipal sharing 5 agreement and included in the budgets of each board of cooperative 6 educational service. 7 o. The commissioner is authorized to promulgate rules and regulations 8 for the implementation of the provisions of this section. 9 § 16. The closing paragraph of subdivision 5-a of section 3602 of the 10 education law, as amended by section 10 of part CCC of chapter 59 of the 11 laws of 2018, is amended to read as follows: 12 For the two thousand eight--two thousand nine school year, each school 13 district shall be entitled to an apportionment equal to the product of 14 fifteen percent and the additional apportionment computed pursuant to 15 this subdivision for the two thousand seven--two thousand eight school 16 year. For the two thousand nine--two thousand ten through two thousand 17 [eighteen] nineteen--two thousand [nineteen] twenty school years, each 18 school district shall be entitled to an apportionment equal to the 19 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS 20 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid 21 computer listing produced by the commissioner in support of the budget 22 for the two thousand nine--two thousand ten school year and entitled 23 "SA0910". 24 § 17. Subdivision 12 of section 3602 of the education law, as amended 25 by section 13 of part CCC of chapter 59 of the laws of 2018, is amended 26 to read as follows: 27 12. Academic enhancement aid. A school district that as of April first 28 of the base year has been continuously identified as a district in need 29 of improvement for at least five years shall, for the two thousand 30 eight--two thousand nine school year, be entitled to an additional 31 apportionment equal to the positive remainder, if any, of (a) the lesser 32 of fifteen million dollars or the product of the total foundation aid 33 base, as defined by paragraph j of subdivision one of this section, 34 multiplied by ten percent (0.10), less (b) the positive remainder of (i) 35 the sum of the total foundation aid apportioned pursuant to subdivision 36 four of this section and the supplemental educational improvement grants 37 apportioned pursuant to subdivision eight of section thirty-six hundred 38 forty-one of this article, less (ii) the total foundation aid base. 39 For the two thousand nine--two thousand ten through two thousand four- 40 teen--two thousand fifteen school years, each school district shall be 41 entitled to an apportionment equal to the amount set forth for such 42 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading 43 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by 44 the commissioner in support of the budget for the two thousand nine--two 45 thousand ten school year and entitled "SA0910", and such apportionment 46 shall be deemed to satisfy the state obligation to provide an apportion- 47 ment pursuant to subdivision eight of section thirty-six hundred forty- 48 one of this article. 49 For the two thousand fifteen--two thousand sixteen year, each school 50 district shall be entitled to an apportionment equal to the amount set 51 forth for such school district as "ACADEMIC ENHANCEMENT" under the head- 52 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced 53 by the commissioner in support of the budget for the two thousand four- 54 teen--two thousand fifteen school year and entitled "SA141-5", and such 55 apportionment shall be deemed to satisfy the state obligation to provide S. 1506 22 A. 2006 1 an apportionment pursuant to subdivision eight of section thirty-six 2 hundred forty-one of this article. 3 For the two thousand sixteen--two thousand seventeen school year, each 4 school district shall be entitled to an apportionment equal to the 5 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 6 under the heading "2015-16 ESTIMATED AIDS" in the school aid computer 7 listing produced by the commissioner in support of the budget for the 8 two thousand fifteen--two thousand sixteen school year and entitled 9 "SA151-6", and such apportionment shall be deemed to satisfy the state 10 obligation to provide an apportionment pursuant to subdivision eight of 11 section thirty-six hundred forty-one of this article. 12 For the two thousand seventeen--two thousand eighteen school year, 13 each school district shall be entitled to an apportionment equal to the 14 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 15 under the heading "2016-17 ESTIMATED AIDS" in the school aid computer 16 listing produced by the commissioner in support of the budget for the 17 two thousand sixteen--two thousand seventeen school year and entitled 18 "SA161-7", and such apportionment shall be deemed to satisfy the state 19 obligation to provide an apportionment pursuant to subdivision eight of 20 section thirty-six hundred forty-one of this article. 21 For the two thousand eighteen--two thousand nineteen school year, each 22 school district shall be entitled to an apportionment equal to the 23 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 24 under the heading "2017-18 ESTIMATED AIDS" in the school aid computer 25 listing produced by the commissioner in support of the budget for the 26 two thousand seventeen--two thousand eighteen school year and entitled 27 "SA171-8", and such apportionment shall be deemed to satisfy the state 28 obligation to provide an apportionment pursuant to subdivision eight of 29 section thirty-six hundred forty-one of this article. 30 For the two thousand nineteen--two thousand twenty school year, each 31 school district shall be entitled to an apportionment equal to the 32 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 33 under the heading "2018-19 ESTIMATED AIDS" in the school aid computer 34 listing produced by the commissioner in support of the budget for the 35 two thousand eighteen--two thousand nineteen school year and entitled 36 "SA181-9", and such apportionment shall be deemed to satisfy the state 37 obligation to provide an apportionment pursuant to subdivision eight of 38 section thirty-six hundred forty-one of this article. 39 § 18. The opening paragraph of subdivision 16 of section 3602 of the 40 education law, as amended by section 14 of part CCC of chapter 59 of the 41 laws of 2018, is amended to read as follows: 42 Each school district shall be eligible to receive a high tax aid 43 apportionment in the two thousand eight--two thousand nine school year, 44 which shall equal the greater of (i) the sum of the tier 1 high tax aid 45 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 46 tax aid apportionment or (ii) the product of the apportionment received 47 by the school district pursuant to this subdivision in the two thousand 48 seven--two thousand eight school year, multiplied by the due-minimum 49 factor, which shall equal, for districts with an alternate pupil wealth 50 ratio computed pursuant to paragraph b of subdivision three of this 51 section that is less than two, seventy percent (0.70), and for all other 52 districts, fifty percent (0.50). Each school district shall be eligible 53 to receive a high tax aid apportionment in the two thousand nine--two 54 thousand ten through two thousand twelve--two thousand thirteen school 55 years in the amount set forth for such school district as "HIGH TAX AID" 56 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer S. 1506 23 A. 2006 1 listing produced by the commissioner in support of the budget for the 2 two thousand nine--two thousand ten school year and entitled "SA0910". 3 Each school district shall be eligible to receive a high tax aid appor- 4 tionment in the two thousand thirteen--two thousand fourteen through two 5 thousand [eighteen] nineteen--two thousand [nineteen] twenty school 6 years equal to the greater of (1) the amount set forth for such school 7 district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in 8 the school aid computer listing produced by the commissioner in support 9 of the budget for the two thousand nine--two thousand ten school year 10 and entitled "SA0910" or (2) the amount set forth for such school 11 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 12 the school aid computer listing produced by the commissioner in support 13 of the executive budget for the 2013-14 fiscal year and entitled 14 "BT131-4". 15 § 19. Subdivision 16 of section 3602-ee of the education law, as 16 amended by section 19 of part CCC of chapter 59 of the laws of 2018, is 17 amended to read as follows: 18 16. The authority of the department to administer the universal full- 19 day pre-kindergarten program shall expire June thirtieth, two thousand 20 [nineteen] twenty; provided that the program shall continue and remain 21 in full effect. 22 § 20. Paragraph a of subdivision 5 of section 3604 of the education 23 law, as amended by chapter 161 of the laws of 2005, is amended to read 24 as follows: 25 a. State aid adjustments. All errors or omissions in the apportionment 26 shall be corrected by the commissioner. Whenever a school district has 27 been apportioned less money than that to which it is entitled, the 28 commissioner may allot to such district the balance to which it is enti- 29 tled. Whenever a school district has been apportioned more money than 30 that to which it is entitled, the commissioner may, by an order, direct 31 such moneys to be paid back to the state to be credited to the general 32 fund local assistance account for state aid to the schools, or may 33 deduct such amount from the next apportionment to be made to said 34 district, provided, however, that, upon notification of excess payments 35 of aid for which a recovery must be made by the state through deduction 36 of future aid payments, a school district may request that such excess 37 payments be recovered by deducting such excess payments from the 38 payments due to such school district and payable in the month of June in 39 (i) the school year in which such notification was received and (ii) the 40 two succeeding school years, provided further that there shall be no 41 interest penalty assessed against such district or collected by the 42 state. Such request shall be made to the commissioner in such form as 43 the commissioner shall prescribe, and shall be based on documentation 44 that the total amount to be recovered is in excess of one percent of the 45 district's total general fund expenditures for the preceding school 46 year. The amount to be deducted in the first year shall be the greater 47 of (i) the sum of the amount of such excess payments that is recognized 48 as a liability due to other governments by the district for the preced- 49 ing school year and the positive remainder of the district's unreserved 50 fund balance at the close of the preceding school year less the product 51 of the district's total general fund expenditures for the preceding 52 school year multiplied by five percent, or (ii) one-third of such excess 53 payments. The amount to be recovered in the second year shall equal the 54 lesser of the remaining amount of such excess payments to be recovered 55 or one-third of such excess payments, and the remaining amount of such 56 excess payments shall be recovered in the third year. Provided further S. 1506 24 A. 2006 1 that, notwithstanding any other provisions of this subdivision, any 2 pending payment of moneys due to such district as a prior year adjust- 3 ment payable pursuant to paragraph c of this subdivision for aid claims 4 that had been previously paid as current year aid payments in excess of 5 the amount to which the district is entitled and for which recovery of 6 excess payments is to be made pursuant to this paragraph, shall be 7 reduced at the time of actual payment by any remaining unrecovered 8 balance of such excess payments, and the remaining scheduled deductions 9 of such excess payments pursuant to this paragraph shall be reduced by 10 the commissioner to reflect the amount so recovered. [The commissioner 11 shall certify no payment to a school district based on a claim submitted 12 later than three years after the close of the school year in which such 13 payment was first to be made. For claims for which payment is first to 14 be made in the nineteen hundred ninety-six--ninety-seven school year, 15 the commissioner shall certify no payment to a school district based on 16 a claim submitted later than two years after the close of such school 17 year.] For claims for which payment is first to be made [in the nineteen 18 hundred ninety-seven--ninety-eight] prior to the two thousand eighteen- 19 -two thousand nineteen school year [and thereafter], the commissioner 20 shall certify no payment to a school district based on a claim submitted 21 later than one year after the close of such school year. For claims for 22 which payment is first to be made in the two thousand eighteen--two 23 thousand nineteen school year and thereafter, the commissioner shall 24 certify no payment to a school district based on a claim submitted later 25 than the first of November of such school year. Provided, however, no 26 payments shall be barred or reduced where such payment is required as a 27 result of a final audit of the state. [It is further provided that, 28 until June thirtieth, nineteen hundred ninety-six, the commissioner may 29 grant a waiver from the provisions of this section for any school 30 district if it is in the best educational interests of the district 31 pursuant to guidelines developed by the commissioner and approved by the 32 director of the budget.] Further provided that for any apportionments 33 provided pursuant to sections seven hundred one, seven hundred eleven, 34 seven hundred fifty-one, seven hundred fifty-three, nineteen hundred 35 fifty, thirty-six hundred two, thirty-six hundred two-b, thirty-six 36 hundred two-c, thirty-six hundred two-e and forty-four hundred five of 37 this chapter for the two thousand eighteen--two thousand nineteen and 38 two thousand nineteen--two thousand twenty school years, the commission- 39 er shall certify no payment to a school district, other than payments 40 pursuant to subdivisions six-a, eleven, thirteen and fifteen of section 41 thirty-six hundred two of this part, in excess of the payment computed 42 based on an electronic data file used to produce the school aid computer 43 listing produced by the commissioner in support of the executive budget 44 request submitted for the two thousand nineteen--two thousand twenty 45 state fiscal year and entitled "BT192-0", and further provided that for 46 any apportionments provided pursuant to sections seven hundred one, 47 seven hundred eleven, seven hundred fifty-one, seven hundred fifty- 48 three, nineteen hundred fifty, thirty-six hundred two, thirty-six 49 hundred two-b, thirty-six hundred two-c, thirty-six hundred two-e and 50 forty-four hundred five of this chapter for the two thousand twenty--two 51 thousand twenty-one school year and thereafter, the commissioner shall 52 certify no payment to a school district, other than payments pursuant to 53 subdivisions six-a, eleven, thirteen and fifteen of section thirty-six 54 hundred two of this part, in excess of the payment computed based on an 55 electronic data file used to produce the school aid computer listing S. 1506 25 A. 2006 1 produced by the commissioner in support of the executive budget request 2 submitted for the state fiscal year in which the school year commences. 3 § 21. The opening paragraph of section 3609-a of the education law, as 4 amended by section 21 of part CCC of chapter 59 of the laws of 2018, is 5 amended to read as follows: 6 For aid payable in the two thousand seven--two thousand eight school 7 year through the two thousand eighteen--two thousand nineteen school 8 year, "moneys apportioned" shall mean the lesser of (i) the sum of one 9 hundred percent of the respective amount set forth for each school 10 district as payable pursuant to this section in the school aid computer 11 listing for the current year produced by the commissioner in support of 12 the budget which includes the appropriation for the general support for 13 public schools for the prescribed payments and individualized payments 14 due prior to April first for the current year plus the apportionment 15 payable during the current school year pursuant to subdivision six-a and 16 subdivision fifteen of section thirty-six hundred two of this part minus 17 any reductions to current year aids pursuant to subdivision seven of 18 section thirty-six hundred four of this part or any deduction from 19 apportionment payable pursuant to this chapter for collection of a 20 school district basic contribution as defined in subdivision eight of 21 section forty-four hundred one of this chapter, less any grants provided 22 pursuant to subparagraph two-a of paragraph b of subdivision four of 23 section ninety-two-c of the state finance law, less any grants provided 24 pursuant to subdivision six of section ninety-seven-nnnn of the state 25 finance law, less any grants provided pursuant to subdivision twelve of 26 section thirty-six hundred forty-one of this article, or (ii) the appor- 27 tionment calculated by the commissioner based on data on file at the 28 time the payment is processed; provided however, that for the purposes 29 of any payments made pursuant to this section prior to the first busi- 30 ness day of June of the current year, moneys apportioned shall not 31 include any aids payable pursuant to subdivisions six and fourteen, if 32 applicable, of section thirty-six hundred two of this part as current 33 year aid for debt service on bond anticipation notes and/or bonds first 34 issued in the current year or any aids payable for full-day kindergarten 35 for the current year pursuant to subdivision nine of section thirty-six 36 hundred two of this part. The definitions of "base year" and "current 37 year" as set forth in subdivision one of section thirty-six hundred two 38 of this part shall apply to this section. [For aid payable in the two 39 thousand eighteen--two thousand nineteen school year, reference to such 40 "school aid computer listing for the current year" shall mean the print- 41 outs entitled "SA181-9".] For aid payable in the two thousand nineteen- 42 -two thousand twenty school year and thereafter, "moneys apportioned" 43 shall mean the lesser of: (i) the sum of one hundred percent of the 44 respective amount set forth for each school district as payable pursuant 45 to this section in the school aid computer listing for the current year 46 produced by the commissioner in support of the executive budget request 47 which includes the appropriation for the general support for public 48 schools for the prescribed payments and individualized payments due 49 prior to April first for the current year plus the apportionment payable 50 during the current school year pursuant to subdivisions six-a and 51 fifteen of section thirty-six hundred two of this part minus any 52 reductions to current year aids pursuant to subdivision seven of section 53 thirty-six hundred four of this part or any deduction from apportionment 54 payable pursuant to this chapter for collection of a school district 55 basic contribution as defined in subdivision eight of section forty-four 56 hundred one of this chapter, less any grants provided pursuant to S. 1506 26 A. 2006 1 subparagraph two-a of paragraph b of subdivision four of section nine- 2 ty-two-c of the state finance law, less any grants provided pursuant to 3 subdivision six of section ninety-seven-nnnn of the state finance law, 4 less any grants provided pursuant to subdivision twelve of section thir- 5 ty-six hundred forty-one of this article, or (ii) the apportionment 6 calculated by the commissioner based on data on file at the time the 7 payment is processed; provided however, that for the purposes of any 8 payments made pursuant to this section prior to the first business day 9 of June of the current year, moneys apportioned shall not include any 10 aids payable pursuant to subdivisions six and fourteen, if applicable, 11 of section thirty-six hundred two of this part as current year aid for 12 debt service on bond anticipation notes and/or bonds first issued in the 13 current year or any aids payable for full-day kindergarten for the 14 current year pursuant to subdivision nine of section thirty-six hundred 15 two of this part. For aid payable in the two thousand nineteen--two 16 thousand twenty school year, reference to such "school aid computer 17 listing for the current year" shall mean the printouts entitled 18 "BT192-0". 19 § 22. Paragraph b of subdivision 2 of section 3612 of the education 20 law, as amended by section 22 of part CCC of chapter 59 of the laws of 21 2018, is amended to read as follows: 22 b. Such grants shall be awarded to school districts, within the limits 23 of funds appropriated therefor, through a competitive process that takes 24 into consideration the magnitude of any shortage of teachers in the 25 school district, the number of teachers employed in the school district 26 who hold temporary licenses to teach in the public schools of the state, 27 the number of provisionally certified teachers, the fiscal capacity and 28 geographic sparsity of the district, the number of new teachers the 29 school district intends to hire in the coming school year and the number 30 of summer in the city student internships proposed by an eligible school 31 district, if applicable. Grants provided pursuant to this section shall 32 be used only for the purposes enumerated in this section. Notwithstand- 33 ing any other provision of law to the contrary, a city school district 34 in a city having a population of one million or more inhabitants receiv- 35 ing a grant pursuant to this section may use no more than eighty percent 36 of such grant funds for any recruitment, retention and certification 37 costs associated with transitional certification of teacher candidates 38 for the school years two thousand one--two thousand two through two 39 thousand [eighteen] nineteen--two thousand [nineteen] twenty. 40 § 23. Subdivision 6 of section 4402 of the education law, as amended 41 by section 23 of part CCC of chapter 59 of the laws of 2018, is amended 42 to read as follows: 43 6. Notwithstanding any other law, rule or regulation to the contrary, 44 the board of education of a city school district with a population of 45 one hundred twenty-five thousand or more inhabitants shall be permitted 46 to establish maximum class sizes for special classes for certain 47 students with disabilities in accordance with the provisions of this 48 subdivision. For the purpose of obtaining relief from any adverse fiscal 49 impact from under-utilization of special education resources due to low 50 student attendance in special education classes at the middle and 51 secondary level as determined by the commissioner, such boards of educa- 52 tion shall, during the school years nineteen hundred ninety-five--nine- 53 ty-six through June thirtieth, two thousand [nineteen] twenty of the two 54 thousand [eighteen] nineteen--two thousand [nineteen] twenty school 55 year, be authorized to increase class sizes in special classes contain- 56 ing students with disabilities whose age ranges are equivalent to those S. 1506 27 A. 2006 1 of students in middle and secondary schools as defined by the commis- 2 sioner for purposes of this section by up to but not to exceed one and 3 two tenths times the applicable maximum class size specified in regu- 4 lations of the commissioner rounded up to the nearest whole number, 5 provided that in a city school district having a population of one 6 million or more, classes that have a maximum class size of fifteen may 7 be increased by no more than one student and provided that the projected 8 average class size shall not exceed the maximum specified in the appli- 9 cable regulation, provided that such authorization shall terminate on 10 June thirtieth, two thousand. Such authorization shall be granted upon 11 filing of a notice by such a board of education with the commissioner 12 stating the board's intention to increase such class sizes and a certif- 13 ication that the board will conduct a study of attendance problems at 14 the secondary level and will implement a corrective action plan to 15 increase the rate of attendance of students in such classes to at least 16 the rate for students attending regular education classes in secondary 17 schools of the district. Such corrective action plan shall be submitted 18 for approval by the commissioner by a date during the school year in 19 which such board increases class sizes as provided pursuant to this 20 subdivision to be prescribed by the commissioner. Upon at least thirty 21 days notice to the board of education, after conclusion of the school 22 year in which such board increases class sizes as provided pursuant to 23 this subdivision, the commissioner shall be authorized to terminate such 24 authorization upon a finding that the board has failed to develop or 25 implement an approved corrective action plan. 26 § 24. The education law is amended by adding a new section 4403-a to 27 read as follows: 28 § 4403-a. Waivers from certain duties. 1. A local school district, 29 approved private school or board of cooperative educational services may 30 submit an application for a waiver from any requirement imposed on such 31 district, school or board of cooperative educational services pursuant 32 to section forty-four hundred two or section forty-four hundred three of 33 this article, and regulations promulgated thereunder, for a specific 34 school year. Such application must be submitted at least sixty days in 35 advance of the proposed date on which the waiver would be effective and 36 shall be in a form prescribed by the commissioner. 37 2. Before submitting an application for a waiver, the local school 38 district, approved private school or board of cooperative educational 39 services shall provide notice of the proposed waiver to the parents or 40 persons in parental relationship to the students that would be impacted 41 by the waiver if granted. Such notice shall be in a form and manner that 42 will ensure that such parents and persons in parental relationship will 43 be aware of all relevant changes that would occur under the waiver, and 44 shall include information on the form, manner and date by which parents 45 and persons in parental relationship may submit written comments on the 46 proposed waiver. The local school district, approved private school, or 47 board of cooperative educational services shall provide at least sixty 48 days for such parents and persons in parental relationship to submit 49 written comments, and shall include in the waiver application submitted 50 to the commissioner pursuant to subdivision one of this section any 51 written comments received from such parents or persons in parental 52 relationship to such students. 53 3. The commissioner may grant a waiver from any requirement imposed on 54 a local school district, approved private school or board of cooperative 55 educational services pursuant to section forty-four hundred two or 56 section forty-four hundred three of this article, upon a finding that S. 1506 28 A. 2006 1 such waiver will enable a local school district, approved private school 2 or board of cooperative educational services to implement an innovative 3 special education program that is consistent with applicable federal 4 requirements, and will enhance student achievement and/or opportunities 5 for placement in regular classes and programs. In making such determi- 6 nation, the commissioner shall consider any comments received by the 7 local school district, approved private school or board of cooperative 8 educational services from parents or persons in parental relationship to 9 the students that would be directly affected by the waiver if granted. 10 4. Any local school district, approved private school or board of 11 cooperative educational services granted a waiver shall submit an annual 12 report to the commissioner regarding the operation and evaluation of the 13 program no later than thirty days after the end of each school year for 14 which a waiver is granted. 15 § 25. Section 3012-d of the education law is amended by adding a new 16 subdivision 16 to read as follows: 17 16. a. Notwithstanding any other provision of law, rule or regulation 18 to the contrary, the grades three through eight English language arts 19 and mathematics state assessments and all other state-created or admin- 20 istered tests shall not be required to be utilized in any manner to 21 determine a teacher or principal evaluation required by this section. 22 b. The commissioner shall promulgate rules and regulations providing 23 alternative assessments that may be used in grades three through eight 24 instead of all other state-created or administered tests, which shall 25 include all of the assessments that have been approved by the commis- 26 sioner for use in determining transition scores and ratings. 27 c. The selection and use of an assessment in a teacher or principal's 28 evaluation pursuant to paragraphs a and b of this subdivision and subdi- 29 vision four of this section shall be subject to collective bargaining 30 pursuant to article fourteen of the civil service law. 31 d. Notwithstanding any provision of subdivision twelve of this section 32 to the contrary, nothing in this section shall be construed to abrogate 33 any conflicting provisions of any collective bargaining agreement in 34 effect on the date this subdivision takes effect and until the entry 35 into a successor collective bargaining agreement, provided that notwith- 36 standing any other provision of law to the contrary, upon expiration of 37 such term and the entry into a successor collective bargaining agreement 38 the provisions of this subdivision shall apply; and, provided further, 39 however, that any assessments used in determining transition scores and 40 ratings shall be used in determining scores and ratings pursuant to this 41 section instead of the grades three through eight English language arts 42 and mathematics state assessments until the entry into a successor 43 collective bargaining agreement. 44 § 26. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section 45 3012-d of the education law, subparagraph 1 as amended by section 3 of 46 subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2 47 as added by section 2 of subpart E of part EE of chapter 56 of the laws 48 of 2015, are amended to read as follows: 49 (1) For the first subcomponent, [(A) for a teacher whose course ends 50 in a state-created or administered test for which there is a state-pro- 51 vided growth model, such teacher shall have a state-provided growth 52 score based on such model, which shall take into consideration certain 53 student characteristics, as determined by the commissioner, including 54 but not limited to students with disabilities, poverty, English language 55 learner status and prior academic history and which shall identify 56 educators whose students' growth is well above or well below average S. 1506 29 A. 2006 1 compared to similar students for a teacher's or principal's students 2 after the certain student characteristics above are taken into account; 3 and (B) for a teacher whose course does not end in a state-created or 4 administered test such teacher] a teacher shall have a student learning 5 objective (SLO) consistent with a goal-setting process determined or 6 developed by the commissioner, that results in a student growth score; 7 provided that, for any teacher whose course ends in a state-created or 8 administered assessment [for which there is no state-provided growth 9 model], such assessment [must] may be used as the underlying assessment 10 for such SLO; 11 (2) For the optional second subcomponent, a district may locally 12 select a second measure in accordance with this subparagraph. Such 13 second measure shall apply in a consistent manner, to the extent practi- 14 cable, across the district and be either: (A) [a second state-provided 15 growth score] based on a state-created or administered test [under 16 clause (A) of subparagraph one of this paragraph], or (B) [a growth 17 score] based on a state-designed supplemental assessment[, calculated 18 using a state-provided or approved growth model]. The optional second 19 subcomponent shall provide options for multiple assessment measures that 20 are aligned to existing classroom and school best practices and take 21 into consideration the recommendations in the testing reduction report 22 as required by section one of subpart F of [the chapter] part EE of 23 chapter fifty-six of the laws of two thousand fifteen which added this 24 section regarding the reduction of unnecessary additional testing. 25 § 27. Subdivision 5 of section 3012-d of the education law, as added 26 by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, 27 is amended to read as follows: 28 5. Rating determination. The overall rating determination shall be 29 determined [according to a methodology] as follows: 30 a. [The following rules shall apply: a teacher or principal who is (1) 31 rated using two subcomponents in the student performance category and 32 receives a rating of ineffective in such category shall be rated inef- 33 fective overall; provided, however, that if the measure used in the 34 second subcomponent is a state-provided growth score on a state-created 35 or administered test pursuant to clause (A) of subparagraph one of para- 36 graph a of subdivision four of this section, a teacher or principal who 37 receives a rating of ineffective in such category shall not be eligible 38 to receive a rating of effective or highly effective overall; (2) rated 39 using only the state measure subcomponent in the student performance 40 category and receives a rating of ineffective in such category shall not 41 be eligible to receive a rating of effective or highly effective over- 42 all; and (3) rated ineffective in the teacher observations category 43 shall not be eligible to receive a rating of effective or highly effec- 44 tive overall. 45 b. Except as otherwise provided in paragraph a of this subdivision, a 46 teacher's composite score shall be determined as follows: 47 (1)] If a teacher receives an H in the teacher observation category, 48 and an H in the student performance category, the teacher's composite 49 score shall be H; 50 [(2)] b. If a teacher receives an H in the teacher observation catego- 51 ry, and an E in the student performance category, the teacher's compos- 52 ite score shall be H; 53 [(3)] c. If a teacher receives an H in the teacher observation catego- 54 ry, and a D in the student performance category, the teacher's composite 55 score shall be E; S. 1506 30 A. 2006 1 [(4)] d. If a teacher receives an H in the teacher observation catego- 2 ry, and an I in the student performance category, the teacher's compos- 3 ite score shall be D; 4 [(5)] e. If a teacher receives an E in the teacher observation catego- 5 ry, and an H in the student performance category, the teacher's compos- 6 ite score shall be H; 7 [(6)] f. If a teacher receives an E in the teacher observation catego- 8 ry, and an E in the student performance category, the teacher's compos- 9 ite score shall be E; 10 [(7)] g. If a teacher receives an E in the teacher observation catego- 11 ry, and a D in the student performance category, the teacher's composite 12 score shall be E; 13 [(8)] h. If a teacher receives an E in the teacher observation catego- 14 ry, and an I in the student performance category, the teacher's compos- 15 ite score shall be D; 16 [(9)] i. If a teacher receives a D in the teacher observation catego- 17 ry, and an H in the student performance category, the teacher's compos- 18 ite score shall be E; 19 [(10)] j. If a teacher receives a D in the teacher observation catego- 20 ry, and an E in the student performance category, the teacher's compos- 21 ite score shall be E; 22 [(11)] k. If a teacher receives a D in the teacher observation catego- 23 ry, and a D in the student performance category, the teacher's composite 24 score shall be D; 25 [(12)] l. If a teacher receives a D in the teacher observation catego- 26 ry, and an I in the student performance category, the teacher's compos- 27 ite score shall be I; 28 [(13)] m. If a teacher receives an I in the teacher observation cate- 29 gory, and an H in the student performance category, the teacher's 30 composite score shall be D; 31 [(14)] n. If a teacher receives an I in the teacher observation cate- 32 gory, and an E in the student performance category, the teacher's 33 composite score shall be D; 34 [(15)] o. If a teacher receives an I in the teacher observation cate- 35 gory, and a D in the student performance category, the teacher's compos- 36 ite score shall be I; 37 [(16)] p. If a teacher receives an I in the teacher observation cate- 38 gory, and an I in the student performance category, the teacher's 39 composite score shall be I. 40 § 28. Subdivision 7 of section 3012-d of the education law, as added 41 by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, 42 is amended to read as follows: 43 7. The commissioner shall ensure that the process by which weights and 44 scoring ranges are assigned to subcomponents and categories is transpar- 45 ent and available to those being rated before the beginning of each 46 school year. Such process must ensure that it is possible for a teacher 47 or principal to obtain any number of points in the applicable scoring 48 ranges, including zero, in each subcomponent. The superintendent, 49 district superintendent or chancellor and the representative of the 50 collective bargaining unit (where one exists) shall certify in the 51 district's plan that the evaluation process shall use the standards for 52 the scoring ranges provided by the commissioner. [Provided, however, 53 that in any event, the following rules shall apply: a teacher or princi- 54 pal who is: 55 a. rated using two subcomponents in the student performance category 56 and receives a rating of ineffective in such category shall be rated S. 1506 31 A. 2006 1 ineffective overall, except that if the measure used in the second 2 subcomponent is a second state-provided growth score on a state-adminis- 3 tered or sponsored test pursuant to clause (A) of subparagraph one of 4 paragraph a of subdivision four of this section, a teacher or principal 5 that receives a rating of ineffective in such category shall not be 6 eligible to receive a rating of effective or highly effective overall; 7 b. rated using only the state measure subcomponent in the student 8 performance category and receives a rating of ineffective in such cate- 9 gory shall not be eligible to receive a rating of effective or highly 10 effective overall; and 11 c. rated ineffective in the observations category shall not be eligi- 12 ble to receive a rating of effective or highly effective overall.] 13 § 29. Subdivision 10 of section 3012-d of the education law, as added 14 by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, 15 is amended to read as follows: 16 10. The local collective bargaining representative shall negotiate 17 with the district: 18 a. whether to use a second measure, and, in the event that a second 19 measure is used, which measure to use, pursuant to subparagraph two of 20 paragraph a of subdivision four of this section [and]; 21 b. how to implement the provisions of paragraph b of subdivision four 22 of this section, and associated regulations as established by the 23 commissioner, in accordance with article fourteen of the civil service 24 law; and 25 c. the selection and use of an assessment in a teacher or principal's 26 evaluation pursuant to subdivision four of this section and paragraphs a 27 and b of subdivision sixteen of this section. 28 § 30. Section 2 of subpart B of part AA of chapter 56 of the laws of 29 2014 amending the education law relating to providing that standardized 30 test scores shall not be included on a student's permanent record, as 31 amended by section 35 of part CCC of chapter 59 of the laws of 2018, is 32 amended to read as follows: 33 § 2. This act shall take effect immediately [and shall expire and be 34 deemed repealed on December 31, 2019]. 35 § 31. Subdivision 10 of section 3209 of the education law is renum- 36 bered subdivision 11 and a new subdivision 10 is added to read as 37 follows: 38 10. Every school district receiving funds pursuant to this section 39 shall annually submit to the department an accounting of the use of such 40 funds in the prior school year before the end of the succeeding school 41 year. The commissioner shall review such accounting and develop, in 42 consultation with the commissioner of the office of temporary and disa- 43 bility assistance, an identification of best practices to support home- 44 less youth. 45 § 32. Section 2801-a of the education law is amended by adding a new 46 subdivision 10 to read as follows: 47 10. Every school shall define the roles and areas of responsibility of 48 school personnel, security personnel and law enforcement in response to 49 student misconduct that violates the code of conduct. A school district 50 or charter school that employs, contracts with, or otherwise retains law 51 enforcement or public or private security personnel, including school 52 resource officers, shall establish a written contract or memorandum of 53 understanding that is developed with stakeholder input. Such written 54 contract or memorandum of understanding shall define the relationship 55 between a school district or charter school, school personnel, students, 56 visitors, law enforcement, and public or private security personnel. S. 1506 32 A. 2006 1 Such contract or memorandum of understanding shall be consistent with 2 the code of conduct, define law enforcement or security personnel's 3 roles, responsibilities and involvement within a school and clearly 4 delegate the role of school discipline to the school administration. 5 Such written contract or memorandum of understanding shall be incorpo- 6 rated into and published as part of the district safety plan. 7 § 33. The section heading of section 804 of the education law, as 8 amended by chapter 390 of the laws of 2016, is amended and a new subdi- 9 vision 7-a is added to read as follows: 10 Health education regarding mental health, alcohol, drugs, tobacco 11 abuse, and healthy relationships and the prevention and detection of 12 certain cancers. 13 7-a. (a) A healthy relationships education instruction program shall 14 be included within the health education provided to all students in 15 grades six through twelve. Such programs shall include, but not be 16 limited to age-appropriate, medically accurate instruction teaching 17 comprehensive sexual education, sexual health and healthy relationship 18 practices. Such program shall be inclusive and respectful of all pupils 19 regardless of race, ethnicity, gender, disability, sexual orientation, 20 or gender identity and include, but not be limited to: 21 (i) identification and examination of ideas about healthy relation- 22 ships and behaviors learned from home, family and the media; 23 (ii) self-esteem and self-worth; 24 (iii) friendship and empathy; 25 (iv) a definition of teen dating violence; 26 (v) recognition of warning signs established by a dating partner; 27 (vi) characteristics of a healthy relationship; 28 (vii) links between bullying and teen dating violence; 29 (viii) safe use of technology; 30 (ix) a discussion of local community resources for those in a teen 31 dating violence relationship; 32 (x) an age-appropriate definition of affirmative consent consistent 33 with that used in section sixty-four hundred forty-one of this chapter; 34 (xi) age-appropriate, medically accurate sexual health; 35 (xii) age-appropriate instructing to identify and report sexual 36 exploitation and abuse; and 37 (xiii) instruction to identify and report sexual harassment. 38 (b) The Educational Standards for such program shall be added to the 39 Health Education Standards after consultation with the commissioner of 40 health and the commissioner of children and family services and be 41 designed to educate students about healthy relationships. Prior to 42 adopting the Education Standards, the commissioner shall establish a 43 task force to study and make recommendations regarding the scope and 44 substance of the standards. The task force shall: 45 (i) seek the recommendations of teachers, school administrators, 46 teacher educators and others with educational expertise in the proposed 47 subject areas; 48 (ii) seek the recommendations of experts and organizations experienced 49 in the proposed subject areas; and 50 (iii) seek comment from parents, students and other interested 51 parties. 52 (c) The commissioner shall develop age-appropriate model instructional 53 resources for parents and educators for potential use in instructing 54 students about physical self-awareness and healthy relationships. Such 55 resources shall be developed after consultation with experts in the 56 field. S. 1506 33 A. 2006 1 (d) A webpage on the department's website shall be dedicated to 2 providing information and resources to parents, students, teachers and 3 school district officials related to comprehensive sexual education and 4 healthy relationships. 5 (e) For the purposes of this section "age-appropriate" shall mean 6 topics, messages, and teaching methods suitable to particular age and 7 developmental levels, based on cognitive, emotional, social and experi- 8 ence level of most students at that age level, and "medically accurate" 9 shall mean information supported by peer reviewed, evidence-based 10 research recognized as accurate by leading professional organizations 11 and agencies with relevant experience such as the American Medical Asso- 12 ciation and the Centers for Disease Control and Prevention. 13 (f) Notwithstanding the provisions of this subdivision, a school 14 district shall provide reasonable notice to parents and guardians of 15 students in grades six through twelve that such instruction will be 16 given and the nature of the curriculum. Any parent or guardian of a 17 student in grades six through twelve may direct the removal of the 18 student from such instruction upon written notice to the school 19 district. 20 § 34. Section 305 of the education law is amended by adding a new 21 subdivision 60 to read as follows: 22 60. The commissioner is authorized and directed to require that every 23 school district adopt and distribute a policy regarding sex discrimi- 24 nation pursuant to Title IX of the Education Amendments of 1972, 20 25 U.S.C. § 1681 et seq., and that such policy shall specifically address 26 discrimination against pregnant and parenting students. Provided that 27 such policies shall include: a. students' rights to attend classes and 28 participate in extracurricular activities regardless of pregnant or 29 parenting status; b. opportunities to make up missed classwork or to 30 excuse absences due to pregnancy, childbirth or related conditions; c. 31 protections of students from harassment; and d. a formal grievance 32 procedure. 33 § 35. Subdivision b of section 2 of chapter 756 of the laws of 1992, 34 relating to funding a program for work force education conducted by the 35 consortium for worker education in New York city, as amended by section 36 25 of part CCC of chapter 59 of the laws of 2018, is amended to read as 37 follows: 38 b. Reimbursement for programs approved in accordance with subdivision 39 a of this section for the 2016--2017 school year shall not exceed 60.3 40 percent of the lesser of such approvable costs per contact hour or thir- 41 teen dollars ninety cents per contact hour, reimbursement for the 2017- 42 -2018 school year shall not exceed 60.4 percent of the lesser of such 43 approvable costs per contact hour or thirteen dollars and ninety cents 44 per contact hour, [and] reimbursement for the 2018--2019 school year 45 shall not exceed 59.4 percent of the lesser of such approvable costs per 46 contact hour or fourteen dollars and ninety-five cents per contact hour, 47 and reimbursement for the 2019--2020 school year shall not exceed 57.7 48 percent of the lesser of such approvable costs per contact hour or 49 fifteen dollars and fifty-five cents per contact hour, where a contact 50 hour represents sixty minutes of instruction services provided to an 51 eligible adult. Notwithstanding any other provision of law to the 52 contrary, for the 2016--2017 school year such contact hours shall not 53 exceed one million five hundred fifty-one thousand three hundred twelve 54 (1,551,312); whereas for the 2017--2018 school year such contact hours 55 shall not exceed one million five hundred forty-nine thousand four 56 hundred sixty-three (1,549,463); [and] whereas for the 2018--2019 school S. 1506 34 A. 2006 1 year such contact hours shall not exceed one million four hundred 2 sixty-three thousand nine hundred sixty-three (1,463,963), and for the 3 2019--2020 school year such contact hours shall not exceed one million 4 two hundred eighty-two thousand fifty-one (1,282,051). Notwithstanding 5 any other provision of law to the contrary, the apportionment calculated 6 for the city school district of the city of New York pursuant to subdi- 7 vision 11 of section 3602 of the education law shall be computed as if 8 such contact hours provided by the consortium for worker education, not 9 to exceed the contact hours set forth herein, were eligible for aid in 10 accordance with the provisions of such subdivision 11 of section 3602 of 11 the education law. 12 § 36. Section 4 of chapter 756 of the laws of 1992, relating to fund- 13 ing a program for work force education conducted by the consortium for 14 worker education in New York city, is amended by adding a new subdivi- 15 sion x to read as follows: 16 x. The provisions of this subdivision shall not apply after the 17 completion of payments for the 2019--2020 school year. Notwithstanding 18 any inconsistent provisions of law, the commissioner of education shall 19 withhold a portion of employment preparation education aid due to the 20 city school district of the city of New York to support a portion of the 21 costs of the work force education program. Such moneys shall be credited 22 to the elementary and secondary education fund-local assistance account 23 and shall not exceed eleven million five hundred thousand dollars 24 ($11,500,000). 25 § 37. Section 6 of chapter 756 of the laws of 1992, relating to fund- 26 ing a program for work force education conducted by the consortium for 27 worker education in New York city, as amended by section 27 of part CCC 28 of chapter 59 of the laws of 2018, is amended to read as follows: 29 § 6. This act shall take effect July 1, 1992, and shall be deemed 30 repealed on June 30, [2019] 2020. 31 § 38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 32 of 1995, amending the education law and other laws relating to state aid 33 to school districts and the appropriation of funds for the support of 34 government, as amended by section 28 of part CCC of chapter 59 of the 35 laws of 2018, are amended to read as follows: 36 (22) sections one hundred twelve, one hundred thirteen, one hundred 37 fourteen, one hundred fifteen and one hundred sixteen of this act shall 38 take effect on July 1, 1995; provided, however, that section one hundred 39 thirteen of this act shall remain in full force and effect until July 1, 40 [2019] 2020 at which time it shall be deemed repealed; 41 (24) sections one hundred eighteen through one hundred thirty of this 42 act shall be deemed to have been in full force and effect on and after 43 July 1, 1995; provided further, however, that the amendments made pursu- 44 ant to section one hundred twenty-four of this act shall be deemed to be 45 repealed on and after July 1, [2019] 2020; 46 § 39. Section 12 of chapter 147 of the laws of 2001, amending the 47 education law relating to conditional appointment of school district, 48 charter school or BOCES employees, as amended by section 31 of part CCC 49 of chapter 59 of the laws of 2018, is amended to read as follows: 50 § 12. This act shall take effect on the same date as chapter 180 of 51 the laws of 2000 takes effect, and shall expire July 1, [2019] 2020 when 52 upon such date the provisions of this act shall be deemed repealed. 53 § 40. Section 4 of chapter 425 of the laws of 2002, amending the 54 education law relating to the provision of supplemental educational 55 services, attendance at a safe public school and the suspension of 56 pupils who bring a firearm to or possess a firearm at a school, as S. 1506 35 A. 2006 1 amended by section 33 of part CCC of chapter 59 of the laws of 2018, is 2 amended to read as follows: 3 § 4. This act shall take effect July 1, 2002 and section one of this 4 act shall expire and be deemed repealed June 30, 2019, and sections two 5 and three of this act shall expire and be deemed repealed on June 30, 6 2020. 7 § 41. Section 5 of chapter 101 of the laws of 2003, amending the 8 education law relating to implementation of the No Child Left Behind Act 9 of 2001, as amended by section 34 of part CCC of chapter 59 of the laws 10 of 2018, is amended to read as follows: 11 § 5. This act shall take effect immediately; provided that sections 12 one, two and three of this act shall expire and be deemed repealed on 13 June 30, [2019] 2020. 14 § 42. Section 34 of chapter 91 of the laws of 2002 amending the educa- 15 tion law and other laws relating to reorganization of the New York city 16 school construction authority, board of education and community boards, 17 as amended by section 1 of part G of chapter 61 of the laws of 2017, is 18 amended to read as follows: 19 § 34. This act shall take effect July 1, 2002; provided, that sections 20 one through twenty, twenty-four, and twenty-six through thirty of this 21 act shall expire and be deemed repealed June 30, [2019] 2022 provided, 22 further, that notwithstanding any provision of article 5 of the general 23 construction law, on June 30, [2019] 2022 the provisions of subdivisions 24 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs 25 b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 26 2554 of the education law as repealed by section three of this act, 27 subdivision 1 of section 2590-b of the education law as repealed by 28 section six of this act, paragraph (a) of subdivision 2 of section 29 2590-b of the education law as repealed by section seven of this act, 30 section 2590-c of the education law as repealed by section eight of this 31 act, paragraph c of subdivision 2 of section 2590-d of the education law 32 as repealed by section twenty-six of this act, subdivision 1 of section 33 2590-e of the education law as repealed by section twenty-seven of this 34 act, subdivision 28 of section 2590-h of the education law as repealed 35 by section twenty-eight of this act, subdivision 30 of section 2590-h of 36 the education law as repealed by section twenty-nine of this act, subdi- 37 vision 30-a of section 2590-h of the education law as repealed by 38 section thirty of this act shall be revived and be read as such 39 provisions existed in law on the date immediately preceding the effec- 40 tive date of this act; provided, however, that sections seven and eight 41 of this act shall take effect on November 30, 2003; provided further 42 that the amendments to subdivision 25 of section 2554 of the education 43 law made by section two of this act shall be subject to the expiration 44 and reversion of such subdivision pursuant to section 12 of chapter 147 45 of the laws of 2001, as amended, when upon such date the provisions of 46 section four of this act shall take effect. 47 § 43. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 48 amending the education law and other laws relating to the New York city 49 board of education, chancellor, community councils, and community super- 50 intendents, as amended by section 2 of part G of chapter 61 of the laws 51 of 2017, is amended to read as follows: 52 12. any provision in sections one, two, three, four, five, six, seven, 53 eight, nine, ten and eleven of this act not otherwise set to expire 54 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or 55 section 17 of chapter 123 of the laws of 2003, as amended, shall expire 56 and be deemed repealed June 30, [2019] 2022. S. 1506 36 A. 2006 1 § 44. Section 7 of chapter 472 of the laws of 1998, amending the 2 education law relating to the lease of school buses by school districts, 3 as amended by section 40 of part YYY of chapter 59 of the laws of 2017, 4 is amended to read as follows: 5 § 7. This act shall take effect September 1, 1998, and shall expire 6 and be deemed repealed September 1, [2019] 2021. 7 § 45. Section 2 of chapter 552 of the laws of 1995, amending the 8 education law relating to contracts for the transportation of school 9 children, as amended by section 25 of part A of chapter 54 of the laws 10 of 2016, is amended to read as follows: 11 § 2. This act shall take effect on the first day of January next 12 succeeding the date on which it shall have become a law and shall remain 13 in full force and effect until January 1, [2020] 2023, when upon such 14 date the provisions of this act shall be deemed repealed. 15 § 46. Section 26 of subpart F of part C of chapter 97 of the laws of 16 2011 amending the education law relating to census reporting, as amended 17 by section 21-a of part A of chapter 56 of the laws of 2014, is amended 18 to read as follows: 19 § 26. This act shall take effect immediately provided, however, that 20 the provisions of section three of this act shall expire June 30, [2019] 21 2024 when upon such date the provisions of such section shall be deemed 22 repealed; provided, further that the provisions of sections eight, elev- 23 en, twelve, thirteen and twenty of this act shall expire July 1, 2014 24 when upon such date the provisions of such sections shall be deemed 25 repealed. 26 § 47. School bus driver training. In addition to apportionments other- 27 wise provided by section 3602 of the education law, for aid payable in 28 the 2019--2020 school year, the commissioner of education shall allocate 29 school bus driver training grants to school districts and boards of 30 cooperative educational services pursuant to sections 3650-a, 3650-b and 31 3650-c of the education law, or for contracts directly with not-for-pro- 32 fit educational organizations for the purposes of this section. Such 33 payments shall not exceed four hundred thousand dollars ($400,000) per 34 school year. 35 § 48. Special apportionment for salary expenses. a. Notwithstanding 36 any other provision of law, upon application to the commissioner of 37 education, not sooner than the first day of the second full business 38 week of June 2020 and not later than the last day of the third full 39 business week of June 2020, a school district eligible for an apportion- 40 ment pursuant to section 3602 of the education law shall be eligible to 41 receive an apportionment pursuant to this section, for the school year 42 ending June 30, 2020, for salary expenses incurred between April 1 and 43 June 30, 2019 and such apportionment shall not exceed the sum of (i) the 44 deficit reduction assessment of 1990--1991 as determined by the commis- 45 sioner of education, pursuant to paragraph f of subdivision 1 of section 46 3602 of the education law, as in effect through June 30, 1993, plus (ii) 47 186 percent of such amount for a city school district in a city with a 48 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of 49 such amount for a city school district in a city with a population of 50 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 51 ing to the latest federal census, plus (iv) the net gap elimination 52 adjustment for 2010--2011, as determined by the commissioner of educa- 53 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- 54 nation adjustment for 2011--2012 as determined by the commissioner of 55 education pursuant to subdivision 17 of section 3602 of the education 56 law, and provided further that such apportionment shall not exceed such S. 1506 37 A. 2006 1 salary expenses. Such application shall be made by a school district, 2 after the board of education or trustees have adopted a resolution to do 3 so and in the case of a city school district in a city with a population 4 in excess of 125,000 inhabitants, with the approval of the mayor of such 5 city. 6 b. The claim for an apportionment to be paid to a school district 7 pursuant to subdivision a of this section shall be submitted to the 8 commissioner of education on a form prescribed for such purpose, and 9 shall be payable upon determination by such commissioner that the form 10 has been submitted as prescribed. Such approved amounts shall be payable 11 on the same day in September of the school year following the year in 12 which application was made as funds provided pursuant to subparagraph 13 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 14 law, on the audit and warrant of the state comptroller on vouchers 15 certified or approved by the commissioner of education in the manner 16 prescribed by law from moneys in the state lottery fund and from the 17 general fund to the extent that the amount paid to a school district 18 pursuant to this section exceeds the amount, if any, due such school 19 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 20 section 3609-a of the education law in the school year following the 21 year in which application was made. 22 c. Notwithstanding the provisions of section 3609-a of the education 23 law, an amount equal to the amount paid to a school district pursuant to 24 subdivisions a and b of this section shall first be deducted from the 25 following payments due the school district during the school year 26 following the year in which application was made pursuant to subpara- 27 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 28 section 3609-a of the education law in the following order: the lottery 29 apportionment payable pursuant to subparagraph (2) of such paragraph 30 followed by the fixed fall payments payable pursuant to subparagraph (4) 31 of such paragraph and then followed by the district's payments to the 32 teachers' retirement system pursuant to subparagraph (1) of such para- 33 graph, and any remainder to be deducted from the individualized payments 34 due the district pursuant to paragraph b of such subdivision shall be 35 deducted on a chronological basis starting with the earliest payment due 36 the district. 37 § 49. Special apportionment for public pension accruals. a. Notwith- 38 standing any other provision of law, upon application to the commission- 39 er of education, not later than June 30, 2020, a school district eligi- 40 ble for an apportionment pursuant to section 3602 of the education law 41 shall be eligible to receive an apportionment pursuant to this section, 42 for the school year ending June 30, 2020 and such apportionment shall 43 not exceed the additional accruals required to be made by school 44 districts in the 2004--2005 and 2005--2006 school years associated with 45 changes for such public pension liabilities. The amount of such addi- 46 tional accrual shall be certified to the commissioner of education by 47 the president of the board of education or the trustees or, in the case 48 of a city school district in a city with a population in excess of 49 125,000 inhabitants, the mayor of such city. Such application shall be 50 made by a school district, after the board of education or trustees have 51 adopted a resolution to do so and in the case of a city school district 52 in a city with a population in excess of 125,000 inhabitants, with the 53 approval of the mayor of such city. 54 b. The claim for an apportionment to be paid to a school district 55 pursuant to subdivision a of this section shall be submitted to the 56 commissioner of education on a form prescribed for such purpose, and S. 1506 38 A. 2006 1 shall be payable upon determination by such commissioner that the form 2 has been submitted as prescribed. Such approved amounts shall be payable 3 on the same day in September of the school year following the year in 4 which application was made as funds provided pursuant to subparagraph 5 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 6 law, on the audit and warrant of the state comptroller on vouchers 7 certified or approved by the commissioner of education in the manner 8 prescribed by law from moneys in the state lottery fund and from the 9 general fund to the extent that the amount paid to a school district 10 pursuant to this section exceeds the amount, if any, due such school 11 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 12 section 3609-a of the education law in the school year following the 13 year in which application was made. 14 c. Notwithstanding the provisions of section 3609-a of the education 15 law, an amount equal to the amount paid to a school district pursuant to 16 subdivisions a and b of this section shall first be deducted from the 17 following payments due the school district during the school year 18 following the year in which application was made pursuant to subpara- 19 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 20 section 3609-a of the education law in the following order: the lottery 21 apportionment payable pursuant to subparagraph (2) of such paragraph 22 followed by the fixed fall payments payable pursuant to subparagraph (4) 23 of such paragraph and then followed by the district's payments to the 24 teachers' retirement system pursuant to subparagraph (1) of such para- 25 graph, and any remainder to be deducted from the individualized payments 26 due the district pursuant to paragraph b of such subdivision shall be 27 deducted on a chronological basis starting with the earliest payment due 28 the district. 29 § 50. Notwithstanding the provision of any law, rule, or regulation to 30 the contrary, the city school district of the city of Rochester, upon 31 the consent of the board of cooperative educational services of the 32 supervisory district serving its geographic region may purchase from 33 such board for the 2019--2020 school year, as a non-component school 34 district, services required by article 19 of the education law. 35 § 51. The amounts specified in this section shall be a set-aside from 36 the state funds which each such district is receiving from the total 37 foundation aid: 38 a. for the development, maintenance or expansion of magnet schools or 39 magnet school programs for the 2019--2020 school year. For the city 40 school district of the city of New York there shall be a setaside of 41 foundation aid equal to forty-eight million one hundred seventy-five 42 thousand dollars ($48,175,000) including five hundred thousand dollars 43 ($500,000) for the Andrew Jackson High School; for the Buffalo city 44 school district, twenty-one million twenty-five thousand dollars 45 ($21,025,000); for the Rochester city school district, fifteen million 46 dollars ($15,000,000); for the Syracuse city school district, thirteen 47 million dollars ($13,000,000); for the Yonkers city school district, 48 forty-nine million five hundred thousand dollars ($49,500,000); for the 49 Newburgh city school district, four million six hundred forty-five thou- 50 sand dollars ($4,645,000); for the Poughkeepsie city school district, 51 two million four hundred seventy-five thousand dollars ($2,475,000); for 52 the Mount Vernon city school district, two million dollars ($2,000,000); 53 for the New Rochelle city school district, one million four hundred ten 54 thousand dollars ($1,410,000); for the Schenectady city school district, 55 one million eight hundred thousand dollars ($1,800,000); for the Port 56 Chester city school district, one million one hundred fifty thousand S. 1506 39 A. 2006 1 dollars ($1,150,000); for the White Plains city school district, nine 2 hundred thousand dollars ($900,000); for the Niagara Falls city school 3 district, six hundred thousand dollars ($600,000); for the Albany city 4 school district, three million five hundred fifty thousand dollars 5 ($3,550,000); for the Utica city school district, two million dollars 6 ($2,000,000); for the Beacon city school district, five hundred sixty- 7 six thousand dollars ($566,000); for the Middletown city school 8 district, four hundred thousand dollars ($400,000); for the Freeport 9 union free school district, four hundred thousand dollars ($400,000); 10 for the Greenburgh central school district, three hundred thousand 11 dollars ($300,000); for the Amsterdam city school district, eight 12 hundred thousand dollars ($800,000); for the Peekskill city school 13 district, two hundred thousand dollars ($200,000); and for the Hudson 14 city school district, four hundred thousand dollars ($400,000). 15 b. Notwithstanding any inconsistent provision of law to the contrary, 16 a school district setting aside such foundation aid pursuant to this 17 section may use such setaside funds for: (i) any instructional or 18 instructional support costs associated with the operation of a magnet 19 school; or 20 (ii) any instructional or instructional support costs associated with 21 implementation of an alternative approach to promote diversity and/or 22 enhancement of the instructional program and raising of standards in 23 elementary and secondary schools of school districts having substantial 24 concentrations of minority students. 25 c. The commissioner of education shall not be authorized to withhold 26 foundation aid from a school district that used such funds in accordance 27 with this paragraph, notwithstanding any inconsistency with a request 28 for proposals issued by such commissioner for the purpose of attendance 29 improvement and dropout prevention for the 2019--2020 school year, and 30 for any city school district in a city having a population of more than 31 one million, the setaside for attendance improvement and dropout 32 prevention shall equal the amount set aside in the base year. For the 33 2019--2020 school year, it is further provided that any city school 34 district in a city having a population of more than one million shall 35 allocate at least one-third of any increase from base year levels in 36 funds set aside pursuant to the requirements of this section to communi- 37 ty-based organizations. Any increase required pursuant to this section 38 to community-based organizations must be in addition to allocations 39 provided to community-based organizations in the base year. 40 d. For the purpose of teacher support for the 2019--2020 school year: 41 for the city school district of the city of New York, sixty-two million 42 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 43 school district, one million seven hundred forty-one thousand dollars 44 ($1,741,000); for the Rochester city school district, one million seven- 45 ty six thousand dollars ($1,076,000); for the Yonkers city school 46 district, one million one hundred forty-seven thousand dollars 47 ($1,147,000); and for the Syracuse city school district, eight hundred 48 nine thousand dollars ($809,000). All funds made available to a school 49 district pursuant to this section shall be distributed among teachers 50 including prekindergarten teachers and teachers of adult vocational and 51 academic subjects in accordance with this section and shall be in addi- 52 tion to salaries heretofore or hereafter negotiated or made available; 53 provided, however, that all funds distributed pursuant to this section 54 for the current year shall be deemed to incorporate all funds distrib- 55 uted pursuant to former subdivision 27 of section 3602 of the education 56 law for prior years. In school districts where the teachers are repres- S. 1506 40 A. 2006 1 ented by certified or recognized employee organizations, all salary 2 increases funded pursuant to this section shall be determined by sepa- 3 rate collective negotiations conducted pursuant to the provisions and 4 procedures of article 14 of the civil service law, notwithstanding the 5 existence of a negotiated agreement between a school district and a 6 certified or recognized employee organization. 7 § 52. Support of public libraries. The moneys appropriated for the 8 support of public libraries by a chapter of the laws of 2018 enacting 9 the aid to localities budget shall be apportioned for the 2019--2020 10 state fiscal year in accordance with the provisions of sections 271, 11 272, 273, 282, 284, and 285 of the education law as amended by the 12 provisions of this chapter and the provisions of this section, provided 13 that library construction aid pursuant to section 273-a of the education 14 law shall not be payable from the appropriations for the support of 15 public libraries and provided further that no library, library system or 16 program, as defined by the commissioner of education, shall receive less 17 total system or program aid than it received for the year 2001--2002 18 except as a result of a reduction adjustment necessary to conform to the 19 appropriations for support of public libraries. 20 Notwithstanding any other provision of law to the contrary the moneys 21 appropriated for the support of public libraries for the year 2019--2020 22 by a chapter of the laws of 2019 enacting the education, labor and fami- 23 ly assistance budget shall fulfill the state's obligation to provide 24 such aid and, pursuant to a plan developed by the commissioner of educa- 25 tion and approved by the director of the budget, the aid payable to 26 libraries and library systems pursuant to such appropriations shall be 27 reduced proportionately to assure that the total amount of aid payable 28 does not exceed the total appropriations for such purpose. 29 § 53. Severability. The provisions of this act shall be severable, and 30 if the application of any clause, sentence, paragraph, subdivision, 31 section or part of this act to any person or circumstance shall be 32 adjudged by any court of competent jurisdiction to be invalid, such 33 judgment shall not necessarily affect, impair or invalidate the applica- 34 tion of any such clause, sentence, paragraph, subdivision, section, part 35 of this act or remainder thereof, as the case may be, to any other 36 person or circumstance, but shall be confined in its operation to the 37 clause, sentence, paragraph, subdivision, section or part thereof 38 directly involved in the controversy in which such judgment shall have 39 been rendered. 40 § 54. This act shall take effect immediately, and shall be deemed to 41 have been in full force and effect on and after April 1, 2019, provided, 42 however, that: 43 1. Sections one, three, four, five, five-a, six, seven, eight, nine, 44 ten, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twen- 45 ty-two, twenty-three, thirty-two, thirty-four, forty-seven, fifty and 46 fifty-one of this act shall take effect July 1, 2019; 47 2. Sections eleven, twelve, thirteen and fourteen of this act shall 48 take effect July 1, 2020; 49 3. Paragraph (a) of subdivision 7-a of section 804 of the education 50 law, as added by section thirty-three of this act, shall take effect 51 July 1, 2019; 52 4. The amendments to section 3614 of the education law made by section 53 two of this act shall not affect the repeal of such section and shall be 54 deemed repealed therewith; and 55 5. The amendments to chapter 756 of the laws of 1992, relating to 56 funding a program for work force education conducted by the consortium S. 1506 41 A. 2006 1 for worker education in New York City made by sections thirty-five and 2 thirty-six of this act shall not affect the repeal of such chapter and 3 shall be deemed repealed therewith. 4 PART B 5 Section 1. Section 7408 of the education law is amended by adding a 6 new subdivision 6 to read as follows: 7 6. Notwithstanding any other provision of law, any firm established to 8 lawfully engage in the practice of public accountancy pursuant to arti- 9 cle fifteen of the business corporation law, articles one and eight-B of 10 the partnership law, or articles twelve and thirteen of the limited 11 liability company law shall be deemed eligible to register pursuant to 12 this section. 13 § 2. Section 1503 of the business corporation law is amended by adding 14 a new paragraph (h) to read as follows: 15 (h) Any firm established for the business purpose of incorporating as 16 a professional service corporation formed to lawfully engage in the 17 practice of public accountancy, as such practice is respectively defined 18 under article one hundred forty-nine of the education law shall be 19 required to show (1) that a simple majority of the ownership of the 20 firm, in terms of financial interests, including ownership-based compen- 21 sation, and voting rights held by the firm's owners, belongs to individ- 22 uals licensed to practice public accountancy in some state, and (2) that 23 all shareholders of a professional service corporation whose principal 24 place of business is in this state, and who are engaged in the practice 25 of public accountancy in this state, hold a valid license issued under 26 section seventy-four hundred four of the education law or are public 27 accountants licensed under section seventy-four hundred five of the 28 education law. Although firms may include non-licensee owners, the firm 29 and its owners must comply with rules promulgated by the state board of 30 regents. Notwithstanding the provisions of this paragraph, a firm 31 incorporated under this section may not have non-licensee owners if the 32 firm's name includes the words "certified public accountant," or "certi- 33 fied public accountants," or the abbreviations "CPA" or "CPAs". Each 34 non-licensee owner of a firm that is incorporated under this section 35 shall be a natural person who actively participates in the business of 36 the firm or its affiliated entities. For purposes of this subdivision, 37 "actively participate" means to provide services to clients or to other- 38 wise individually take part in the day-to-day business or management of 39 the firm. Such a firm shall have attached to its certificate of incorpo- 40 ration a certificate or certificates demonstrating the firm's compliance 41 with this paragraph, in lieu of the certificate or certificates required 42 by subparagraph (ii) of paragraph (b) of this section. 43 § 3. Section 1507 of the business corporation law is amended by adding 44 a new paragraph (c) to read as follows: 45 (c) Any firm established for the business purpose of incorporating as 46 a professional service corporation pursuant to paragraph (h) of section 47 fifteen hundred three of this article may issue shares to individuals 48 who are authorized by law to practice in this state a profession which 49 such corporation is authorized to practice and who are or have been 50 engaged in the practice of such profession in such corporation or a 51 predecessor entity, or who will engage in the practice of such profes- 52 sion in such corporation within thirty days of the date such shares are 53 issued and may also issue shares to employees of the corporation not 54 licensed as certified public accountants, provided that: S. 1506 42 A. 2006 1 (i) at least fifty-one percent of the outstanding shares of stock of 2 the corporation are owned by certified public accountants, 3 (ii) at least fifty-one percent of the directors are certified public 4 accountants, 5 (iii) at least fifty-one percent of the officers are certified public 6 accountants, 7 (iv) the president, the chairperson of the board of directors and the 8 chief executive officer or officers are certified public accountants. 9 No shareholder of a firm established for the business purpose of incor- 10 porating as a professional service corporation pursuant to paragraph (h) 11 of section fifteen hundred three of this article shall enter into a 12 voting trust agreement, proxy or any other type of agreement vesting in 13 another person, other than another shareholder of the same corporation, 14 the authority to exercise voting power of any or all of his or her 15 shares. All shares issued, agreements made or proxies granted in 16 violation of this section shall be void. 17 § 4. Section 1508 of the business corporation law is amended by adding 18 a new paragraph (c) to read as follows: 19 (c) The directors and officers of any firm established for the busi- 20 ness purpose of incorporating as a professional service corporation 21 pursuant to paragraph (h) of section fifteen hundred three of this arti- 22 cle may include individuals who are not licensed to practice public 23 accountancy, provided however that at least fifty-one percent of the 24 directors, at least fifty-one percent of the officers and the president, 25 the chairperson of the board of directors and the chief executive offi- 26 cer or officers are authorized by law to practice in this state a 27 profession which such corporation is authorized to practice, and are 28 either shareholders of such corporation or engaged in the practice of 29 their professions in such corporation. 30 § 5. Section 1509 of the business corporation law, as amended by chap- 31 ter 550 of the laws of 2011, is amended to read as follows: 32 § 1509. Disqualification of shareholders, directors, officers and 33 employees. 34 If any shareholder, director, officer or employee of a professional 35 service corporation, including a design professional service corpo- 36 ration, or any firm established for the business purpose of incorporat- 37 ing as a professional service corporation pursuant to paragraph (h) of 38 section fifteen hundred three of this article, who has been rendering 39 professional service to the public becomes legally disqualified to prac- 40 tice his profession within this state, he shall sever all employment 41 with, and financial interests (other than interests as a creditor) in, 42 such corporation forthwith or as otherwise provided in section 1510 of 43 this article. All provisions of law regulating the rendering of profes- 44 sional services by a person elected or appointed to a public office 45 shall be applicable to a shareholder, director, officer and employee of 46 such corporation in the same manner and to the same extent as if fully 47 set forth herein. Such legal disqualification to practice his profession 48 within this state shall be deemed to constitute an irrevocable offer by 49 the disqualified shareholder to sell his shares to the corporation, 50 pursuant to the provisions of section 1510 of this article or of the 51 certificate of incorporation, by-laws or agreement among the corporation 52 and all shareholders, whichever is applicable. Compliance with the terms 53 of such offer shall be specifically enforceable in the courts of this 54 state. A professional service corporation's failure to enforce compli- 55 ance with this provision shall constitute a ground for forfeiture of its 56 certificate of incorporation and its dissolution. S. 1506 43 A. 2006 1 § 6. Paragraph (a) of section 1511 of the business corporation law, as 2 amended by chapter 550 of the laws of 2011, is amended and a new para- 3 graph (c) is added to read as follows: 4 (a) No shareholder of a professional service corporation [or], includ- 5 ing a design professional service corporation, or any firm established 6 for the business purpose of incorporating as a professional service 7 corporation pursuant to paragraph (h) of section fifteen hundred three 8 of this article, may sell or transfer his shares in such corporation 9 except to another individual who is eligible to have shares issued to 10 him by such corporation or except in trust to another individual who 11 would be eligible to receive shares if he were employed by the corpo- 12 ration. Nothing herein contained shall be construed to prohibit the 13 transfer of shares by operation of law or by court decree. No transfer- 14 ee of shares by operation of law or court decree may vote the shares for 15 any purpose whatsoever except with respect to corporate action under 16 sections 909 and 1001 of this chapter. The restriction in the preceding 17 sentence shall not apply, however, where such transferee would be eligi- 18 ble to have shares issued to him if he were an employee of the corpo- 19 ration and, if there are other shareholders, a majority of such other 20 shareholders shall fail to redeem the shares so transferred, pursuant to 21 section 1510 of this article, within sixty days of receiving written 22 notice of such transfer. Any sale or transfer, except by operation of 23 law or court decree or except for a corporation having only one share- 24 holder, may be made only after the same shall have been approved by the 25 board of directors, or at a shareholders' meeting specially called for 26 such purpose by such proportion, not less than a majority, of the 27 outstanding shares as may be provided in the certificate of incorpo- 28 ration or in the by-laws of such professional service corporation. At 29 such shareholders' meeting the shares held by the shareholder proposing 30 to sell or transfer his shares may not be voted or counted for any 31 purpose, unless all shareholders consent that such shares be voted or 32 counted. The certificate of incorporation or the by-laws of the profes- 33 sional service corporation, or the professional service corporation and 34 the shareholders by private agreement, may provide, in lieu of or in 35 addition to the foregoing provisions, for the alienation of shares and 36 may require the redemption or purchase of such shares by such corpo- 37 ration at prices and in a manner specifically set forth therein. The 38 existence of the restrictions on the sale or transfer of shares, as 39 contained in this article and, if applicable, in the certificate of 40 incorporation, by-laws, stock purchase or stock redemption agreement, 41 shall be noted conspicuously on the face or back of every certificate 42 for shares issued by a professional service corporation. Any sale or 43 transfer in violation of such restrictions shall be void. 44 (c) A firm established for the business purpose of incorporating as a 45 professional service corporation pursuant to paragraph (h) of section 46 fifteen hundred three of this article, shall purchase or redeem the 47 shares of a non-licensed professional shareholder in the case of his or 48 her termination of employment within thirty days after such termination. 49 A firm established for the business purpose of incorporating as a 50 professional service corporation pursuant to paragraph (h) of section 51 fifteen hundred three of this article, shall not be required to purchase 52 or redeem the shares of a terminated non-licensed professional share- 53 holder if such shares, within thirty days after such termination, are 54 sold or transferred to another employee of the corporation pursuant to 55 this article. S. 1506 44 A. 2006 1 § 7. Paragraph (a) of section 1512 of the business corporation law, as 2 amended by chapter 550 of the laws of 2011, is amended to read as 3 follows: 4 (a) Notwithstanding any other provision of law, the name of a profes- 5 sional service corporation, including a design professional service 6 corporation and any firm established for the business purpose of incor- 7 porating as a professional service corporation pursuant to paragraph (h) 8 of section fifteen hundred three of this article, may contain any word 9 which, at the time of incorporation, could be used in the name of a 10 partnership practicing a profession which the corporation is authorized 11 to practice, and may not contain any word which could not be used by 12 such a partnership. Provided, however, the name of a professional 13 service corporation may not contain the name of a deceased person unless 14 (1) such person's name was part of the corporate name at the time of 15 such person's death; or 16 (2) such person's name was part of the name of an existing partnership 17 and at least two-thirds of such partnership's partners become sharehold- 18 ers of the corporation. 19 § 8. Section 1514 of the business corporation law is amended by adding 20 a new paragraph (c) to read as follows: 21 (c) Each firm established for the business purpose of incorporating as 22 a professional service corporation pursuant to paragraph (h) of section 23 fifteen hundred three of this article shall, at least once every three 24 years on or before the date prescribed by the licensing authority, 25 furnish a statement to the licensing authority listing the names and 26 residence addresses of each shareholder, director and officer of such 27 corporation and certify as the date of certification and at all times 28 over the entire three year period that: 29 (i) at least fifty-one percent of the outstanding shares of stock of 30 the corporation are and were owned by certified public accountants, 31 (ii) at least fifty-one percent of the directors are and were certi- 32 fied public accountants, 33 (iii) at least fifty-one percent of the officers are and were certi- 34 fied public accountants, 35 (iv) the president, the chairperson of the board of directors and the 36 chief executive officer or officers are and were certified public 37 accountants. 38 The statement shall be signed by the president or any certified public 39 accountant vice-president and attested to by the secretary or any 40 assistant secretary of the corporation. 41 § 9. Paragraph (d) of section 1525 of the business corporation law, as 42 added by chapter 505 of the laws of 1983, is amended to read as follows: 43 (d) "Foreign professional service corporation" means a professional 44 service corporation, whether or not denominated as such, organized under 45 the laws of a jurisdiction other than this state, all of the sharehold- 46 ers, directors and officers of which are authorized and licensed to 47 practice the profession for which such corporation is licensed to do 48 business; except that all shareholders, directors and officers of a 49 foreign professional service corporation which provides health services 50 in this state shall be licensed in this state. Notwithstanding any other 51 provision of law a foreign professional service corporation formed to 52 lawfully engage in the practice of public accountancy, as such practice 53 is defined under article one hundred forty-nine of the education law, or 54 equivalent state law, shall be required to show (1) that a simple major- 55 ity of the ownership of the firm, in terms of financial interests, 56 including ownership-based compensation, and voting rights held by the S. 1506 45 A. 2006 1 firm's owners, belongs to individuals licensed to practice public 2 accountancy in some state, and (2) that all shareholders of a foreign 3 professional service corporation whose principal place of business is in 4 this state, and who are engaged in the practice of public accountancy in 5 this state, hold a valid license issued under section seventy-four 6 hundred four of the education law or are public accountants licensed 7 under section seventy-four hundred five of the education law. Although 8 firms may include non-licensee owners, the firm and its owners must 9 comply with rules promulgated by the state board of regents. Notwith- 10 standing the foregoing, a firm registered under this section may not 11 have non-licensee owners if the firm's name includes the words "certi- 12 fied public accountant," or "certified public accountants," or the 13 abbreviations "CPA" or "CPAs." Each non-licensee owner of a firm that is 14 operating under this section shall be a natural person who actively 15 participates in the business of the firm or its affiliated entities, 16 provided each beneficial owner of an equity interest in such entity is a 17 natural person who actively participates in the business conducted by 18 the firm or its affiliated entities. For purposes of this subdivision, 19 "actively participate" means to provide services to clients or to other- 20 wise individually take part in the day-to-day business or management of 21 the firm. 22 § 10. Subdivision (q) of section 121-1500 of the partnership law, as 23 amended by chapter 475 of the laws of 2014, is amended to read as 24 follows: 25 (q) Each partner of a registered limited liability partnership formed 26 to provide medical services in this state must be licensed pursuant to 27 article 131 of the education law to practice medicine in this state and 28 each partner of a registered limited liability partnership formed to 29 provide dental services in this state must be licensed pursuant to arti- 30 cle 133 of the education law to practice dentistry in this state. Each 31 partner of a registered limited liability partnership formed to provide 32 veterinary services in this state must be licensed pursuant to article 33 135 of the education law to practice veterinary medicine in this state. 34 Each partner of a registered limited liability partnership formed to 35 provide public accountancy services, whose principal place of business 36 is in this state and who provides public accountancy services, must be 37 licensed pursuant to article 149 of the education law to practice public 38 accountancy in this state. Each partner of a registered limited liabil- 39 ity partnership formed to provide professional engineering, land survey- 40 ing, geological services, architectural and/or landscape architectural 41 services in this state must be licensed pursuant to article 145, article 42 147 and/or article 148 of the education law to practice one or more of 43 such professions in this state. Each partner of a registered limited 44 liability partnership formed to provide licensed clinical social work 45 services in this state must be licensed pursuant to article 154 of the 46 education law to practice clinical social work in this state. Each part- 47 ner of a registered limited liability partnership formed to provide 48 creative arts therapy services in this state must be licensed pursuant 49 to article 163 of the education law to practice creative arts therapy in 50 this state. Each partner of a registered limited liability partnership 51 formed to provide marriage and family therapy services in this state 52 must be licensed pursuant to article 163 of the education law to prac- 53 tice marriage and family therapy in this state. Each partner of a regis- 54 tered limited liability partnership formed to provide mental health 55 counseling services in this state must be licensed pursuant to article 56 163 of the education law to practice mental health counseling in this S. 1506 46 A. 2006 1 state. Each partner of a registered limited liability partnership formed 2 to provide psychoanalysis services in this state must be licensed pursu- 3 ant to article 163 of the education law to practice psychoanalysis in 4 this state. Each partner of a registered limited liability partnership 5 formed to provide applied behavior analysis service in this state must 6 be licensed or certified pursuant to article 167 of the education law to 7 practice applied behavior analysis in this state. Notwithstanding any 8 other provisions of law a limited liability partnership formed to 9 lawfully engage in the practice of public accountancy, as such practice 10 is respectively defined under article 149 of the education law, shall be 11 required to show (1) that a simple majority of the ownership of the 12 firm, in terms of financial interests, including ownership-based compen- 13 sation, and voting rights held by the firm's owners, belongs to individ- 14 uals licensed to practice public accountancy in some state, and (2) that 15 all partners of a limited liability partnership whose principal place of 16 business is in this state, and who are engaged in the practice of public 17 accountancy in this state, hold a valid license issued under section 18 7404 of the education law or are public accountants licensed under 19 section 7405 of the education law. Although firms may include non-licen- 20 see owners, the firm and its owners must comply with rules promulgated 21 by the state board of regents. Notwithstanding the foregoing, a firm 22 registered under this section may not have non-licensee owners if the 23 firm's name includes the words "certified public accountant," or "certi- 24 fied public accounts," or the abbreviations "CPA" or "CPAs." Each non- 25 licensee owner of a firm that is incorporated under this section shall 26 be (1) a natural person who actively participates in the business of the 27 firm or its affiliated entities, or (2) an entity, including, but not 28 limited to, a partnership or professional corporation, provided each 29 beneficial owner of an equity interest in such entity is a natural 30 person who actively participates in the business conducted by the firm 31 or its affiliated entities. For purposes of this subdivision, "actively 32 participate" means to provide services to clients or to otherwise indi- 33 vidually take part in the day-to-day business or management of the firm. 34 § 11. Subdivision (q) of section 121-1502 of the partnership law, as 35 amended by chapter 475 of the laws of 2014, is amended to read as 36 follows: 37 (q) Each partner of a foreign limited liability partnership which 38 provides medical services in this state must be licensed pursuant to 39 article 131 of the education law to practice medicine in the state and 40 each partner of a foreign limited liability partnership which provides 41 dental services in the state must be licensed pursuant to article 133 of 42 the education law to practice dentistry in this state. Each partner of a 43 foreign limited liability partnership which provides veterinary service 44 in the state shall be licensed pursuant to article 135 of the education 45 law to practice veterinary medicine in this state. Each partner of a 46 foreign limited liability partnership which provides professional engi- 47 neering, land surveying, geological services, architectural and/or land- 48 scape architectural services in this state must be licensed pursuant to 49 article 145, article 147 and/or article 148 of the education law to 50 practice one or more of such professions. Each partner of a foreign 51 registered limited liability partnership formed to provide public 52 accountancy services, whose principal place of business is in this state 53 and who provides public accountancy services, must be licensed pursuant 54 to article 149 of the education law to practice public accountancy in 55 this state. Each partner of a foreign limited liability partnership 56 which provides licensed clinical social work services in this state must S. 1506 47 A. 2006 1 be licensed pursuant to article 154 of the education law to practice 2 licensed clinical social work in this state. Each partner of a foreign 3 limited liability partnership which provides creative arts therapy 4 services in this state must be licensed pursuant to article 163 of the 5 education law to practice creative arts therapy in this state. Each 6 partner of a foreign limited liability partnership which provides 7 marriage and family therapy services in this state must be licensed 8 pursuant to article 163 of the education law to practice marriage and 9 family therapy in this state. Each partner of a foreign limited liabil- 10 ity partnership which provides mental health counseling services in this 11 state must be licensed pursuant to article 163 of the education law to 12 practice mental health counseling in this state. Each partner of a 13 foreign limited liability partnership which provides psychoanalysis 14 services in this state must be licensed pursuant to article 163 of the 15 education law to practice psychoanalysis in this state. Each partner of 16 a foreign limited liability partnership which provides applied behavior 17 analysis services in this state must be licensed or certified pursuant 18 to article 167 of the education law to practice applied behavior analy- 19 sis in this state. Notwithstanding any other provisions of law a 20 foreign limited liability partnership formed to lawfully engage in the 21 practice of public accountancy, as such practice is respectively defined 22 under article 149 of the education law, shall be required to show (1) 23 that a simple majority of the ownership of the firm, in terms of finan- 24 cial interests, including ownership-based compensation, and voting 25 rights held by the firm's owners, belongs to individuals licensed to 26 practice public accountancy in some state, and (2) that all partners of 27 a foreign limited liability partnership whose principal place of busi- 28 ness is in this state, and who are engaged in the practice of public 29 accountancy in this state, hold a valid licence issued under section 30 7404 of the education law or are public accountants licensed under 31 section 7405 of the education law. Although firms may include non-licen- 32 see owners, the firm and its owners must comply with rules promulgated 33 by the state board of regents. Notwithstanding the foregoing, a firm 34 registered under this section may not have non-licensee owners if the 35 firm's name includes the words "certified public accountant," or "certi- 36 fied public accountants," or the abbreviations "CPA" or "CPAs." Each 37 non-licensee owner of a firm that is incorporated under this section 38 shall be (1) a natural person who actively participates in the business 39 of the firm or its affiliated entities, or (2) an entity, including, but 40 not limited to, a partnership or professional corporation, provided each 41 beneficial owner of an equity interest in such entity is a natural 42 person who actively participates in the business conducted by the firm 43 or its affiliated entities. For purposes of this subdivision, "actively 44 participate" means to provide services to clients or to otherwise indi- 45 vidually take part in the day-to-day business or management of the firm. 46 § 12. Subdivision (h) of section 121-101 of the partnership law, as 47 added by chapter 950 of the laws of 1990, is amended to read as follows: 48 (h) "Limited partnership" and "domestic limited partnership" mean, 49 unless the context otherwise requires, a partnership (i) formed by two 50 or more persons pursuant to this article or which complies with subdivi- 51 sion (a) of section 121-1202 of this article and (ii) having one or more 52 general partners and one or more limited partners. Notwithstanding any 53 other provisions of law a limited partnership or domestic limited part- 54 nership formed to lawfully engage in the practice of public accountancy, 55 as such practice is respectively defined under article 149 of the educa- 56 tion law shall be required to show (1) that a simple majority of the S. 1506 48 A. 2006 1 ownership of the firm, in terms of financial interests, including owner- 2 ship-based compensation, and voting rights held by the firm's owners, 3 belongs to individuals licensed to practice public accountancy in some 4 state, and (2) that all partners of a limited partnership or domestic 5 limited partnership, whose principal place of business is in this state, 6 and who are engaged in the practice of public accountancy in this state, 7 hold a valid license issued under section 7404 of the education law or 8 are public accountants licensed under section 7405 of the education law. 9 Although firms may include non-licensee owners, the firm and its owners 10 must comply with rules promulgated by the state board of regents. 11 Notwithstanding the foregoing, a firm registered under this section may 12 not have non-licensee owners if the firm's name includes the words 13 "certified public accountant," or "certified public accountants," or the 14 abbreviations "CPA" or "CPAs." Each non-licensee owner of a firm that is 15 registered under this section shall be (1) a natural person who actively 16 participates in the business of the firm or its affiliated entities, or 17 (2) an entity, including, but not limited to, a partnership or profes- 18 sional corporation, provided each beneficial owner of an equity interest 19 in such entity is a natural person who actively participates in the 20 business conducted by the firm or its affiliated entities. For purposes 21 of this subdivision, "actively participate" means to provide services to 22 clients or to otherwise individually take part in the day-to-day busi- 23 ness or management of the firm. 24 § 13. Subdivision (b) of section 1207 of the limited liability company 25 law, as amended by chapter 475 of the laws of 2014, is amended to read 26 as follows: 27 (b) With respect to a professional service limited liability company 28 formed to provide medical services as such services are defined in arti- 29 cle 131 of the education law, each member of such limited liability 30 company must be licensed pursuant to article 131 of the education law to 31 practice medicine in this state. With respect to a professional service 32 limited liability company formed to provide dental services as such 33 services are defined in article 133 of the education law, each member of 34 such limited liability company must be licensed pursuant to article 133 35 of the education law to practice dentistry in this state. With respect 36 to a professional service limited liability company formed to provide 37 veterinary services as such services are defined in article 135 of the 38 education law, each member of such limited liability company must be 39 licensed pursuant to article 135 of the education law to practice veter- 40 inary medicine in this state. With respect to a professional service 41 limited liability company formed to provide professional engineering, 42 land surveying, architectural, landscape architectural and/or geological 43 services as such services are defined in article 145, article 147 and 44 article 148 of the education law, each member of such limited liability 45 company must be licensed pursuant to article 145, article 147 and/or 46 article 148 of the education law to practice one or more of such 47 professions in this state. With respect to a professional service 48 limited liability company formed to provide public accountancy services 49 as such services are defined in article 149 of the education law each 50 member of such limited liability company whose principal place of busi- 51 ness is in this state and who provides public accountancy services, must 52 be licensed pursuant to article 149 of the education law to practice 53 public accountancy in this state. With respect to a professional service 54 limited liability company formed to provide licensed clinical social 55 work services as such services are defined in article 154 of the educa- 56 tion law, each member of such limited liability company shall be S. 1506 49 A. 2006 1 licensed pursuant to article 154 of the education law to practice 2 licensed clinical social work in this state. With respect to a profes- 3 sional service limited liability company formed to provide creative arts 4 therapy services as such services are defined in article 163 of the 5 education law, each member of such limited liability company must be 6 licensed pursuant to article 163 of the education law to practice crea- 7 tive arts therapy in this state. With respect to a professional service 8 limited liability company formed to provide marriage and family therapy 9 services as such services are defined in article 163 of the education 10 law, each member of such limited liability company must be licensed 11 pursuant to article 163 of the education law to practice marriage and 12 family therapy in this state. With respect to a professional service 13 limited liability company formed to provide mental health counseling 14 services as such services are defined in article 163 of the education 15 law, each member of such limited liability company must be licensed 16 pursuant to article 163 of the education law to practice mental health 17 counseling in this state. With respect to a professional service limited 18 liability company formed to provide psychoanalysis services as such 19 services are defined in article 163 of the education law, each member of 20 such limited liability company must be licensed pursuant to article 163 21 of the education law to practice psychoanalysis in this state. With 22 respect to a professional service limited liability company formed to 23 provide applied behavior analysis services as such services are defined 24 in article 167 of the education law, each member of such limited liabil- 25 ity company must be licensed or certified pursuant to article 167 of the 26 education law to practice applied behavior analysis in this state. 27 Notwithstanding any other provisions of law a professional service 28 limited liability company formed to lawfully engage in the practice of 29 public accountancy, as such practice is respectively defined under arti- 30 cle 149 of the education law shall be required to show (1) that a simple 31 majority of the ownership of the firm, in terms of financial interests, 32 including ownership-based compensation, and voting rights held by the 33 firm's owners, belongs to individuals licensed to practice public 34 accountancy in some state, and (2) that all members of a limited profes- 35 sional service limited liability company, whose principal place of busi- 36 ness is in this state, and who are engaged in the practice of public 37 accountancy in this state, hold a valid license issued under section 38 7404 of the education law or are public accountants licensed under 39 section 7405 of the education law. Although firms may include non-licen- 40 see owners, the firm and its owners must comply with rules promulgated 41 by the state board of regents. Notwithstanding the foregoing, a firm 42 registered under this section may not have non-licensee owners if the 43 firm's name includes the words "certified public accountant," or "certi- 44 fied public accountants," or the abbreviations "CPA" or "CPAs." Each 45 non-licensee owner of a firm that is registered under this section shall 46 be (1) a natural person who actively participates in the business of the 47 firm or its affiliated entities, or (2) an entity, including, but not 48 limited to, a partnership or professional corporation, provided each 49 beneficial owner of an equity interest in such entity is a natural 50 person who actively participates in the business conducted by the firm 51 or its affiliated entities. For purposes of this subdivision, "actively 52 participate" means to provide services to clients or to otherwise indi- 53 vidually take part in the day-to-day business or management of the firm. 54 § 14. Subdivision (a) of section 1301 of the limited liability company 55 law, as amended by chapter 475 of the laws of 2014, is amended to read 56 as follows: S. 1506 50 A. 2006 1 (a) "Foreign professional service limited liability company" means a 2 professional service limited liability company, whether or not denomi- 3 nated as such, organized under the laws of a jurisdiction other than 4 this state, (i) each of whose members and managers, if any, is a profes- 5 sional authorized by law to render a professional service within this 6 state and who is or has been engaged in the practice of such profession 7 in such professional service limited liability company or a predecessor 8 entity, or will engage in the practice of such profession in the profes- 9 sional service limited liability company within thirty days of the date 10 such professional becomes a member, or each of whose members and manag- 11 ers, if any, is a professional at least one of such members is author- 12 ized by law to render a professional service within this state and who 13 is or has been engaged in the practice of such profession in such 14 professional service limited liability company or a predecessor entity, 15 or will engage in the practice of such profession in the professional 16 service limited liability company within thirty days of the date such 17 professional becomes a member, or (ii) authorized by, or holding a 18 license, certificate, registration or permit issued by the licensing 19 authority pursuant to, the education law to render a professional 20 service within this state; except that all members and managers, if any, 21 of a foreign professional service limited liability company that 22 provides health services in this state shall be licensed in this state. 23 With respect to a foreign professional service limited liability company 24 which provides veterinary services as such services are defined in arti- 25 cle 135 of the education law, each member of such foreign professional 26 service limited liability company shall be licensed pursuant to article 27 135 of the education law to practice veterinary medicine. With respect 28 to a foreign professional service limited liability company which 29 provides medical services as such services are defined in article 131 of 30 the education law, each member of such foreign professional service 31 limited liability company must be licensed pursuant to article 131 of 32 the education law to practice medicine in this state. With respect to a 33 foreign professional service limited liability company which provides 34 dental services as such services are defined in article 133 of the 35 education law, each member of such foreign professional service limited 36 liability company must be licensed pursuant to article 133 of the educa- 37 tion law to practice dentistry in this state. With respect to a foreign 38 professional service limited liability company which provides profes- 39 sional engineering, land surveying, geologic, architectural and/or land- 40 scape architectural services as such services are defined in article 41 145, article 147 and article 148 of the education law, each member of 42 such foreign professional service limited liability company must be 43 licensed pursuant to article 145, article 147 and/or article 148 of the 44 education law to practice one or more of such professions in this state. 45 With respect to a foreign professional service limited liability company 46 which provides public accountancy services as such services are defined 47 in article 149 of the education law, each member of such foreign profes- 48 sional service limited liability company whose principal place of busi- 49 ness is in this state and who provides public accountancy services, 50 shall be licensed pursuant to article 149 of the education law to prac- 51 tice public accountancy in this state. With respect to a foreign profes- 52 sional service limited liability company which provides licensed clin- 53 ical social work services as such services are defined in article 154 of 54 the education law, each member of such foreign professional service 55 limited liability company shall be licensed pursuant to article 154 of 56 the education law to practice clinical social work in this state. With S. 1506 51 A. 2006 1 respect to a foreign professional service limited liability company 2 which provides creative arts therapy services as such services are 3 defined in article 163 of the education law, each member of such foreign 4 professional service limited liability company must be licensed pursuant 5 to article 163 of the education law to practice creative arts therapy in 6 this state. With respect to a foreign professional service limited 7 liability company which provides marriage and family therapy services as 8 such services are defined in article 163 of the education law, each 9 member of such foreign professional service limited liability company 10 must be licensed pursuant to article 163 of the education law to prac- 11 tice marriage and family therapy in this state. With respect to a 12 foreign professional service limited liability company which provides 13 mental health counseling services as such services are defined in arti- 14 cle 163 of the education law, each member of such foreign professional 15 service limited liability company must be licensed pursuant to article 16 163 of the education law to practice mental health counseling in this 17 state. With respect to a foreign professional service limited liability 18 company which provides psychoanalysis services as such services are 19 defined in article 163 of the education law, each member of such foreign 20 professional service limited liability company must be licensed pursuant 21 to article 163 of the education law to practice psychoanalysis in this 22 state. With respect to a foreign professional service limited liability 23 company which provides applied behavior analysis services as such 24 services are defined in article 167 of the education law, each member of 25 such foreign professional service limited liability company must be 26 licensed or certified pursuant to article 167 of the education law to 27 practice applied behavior analysis in this state. Notwithstanding any 28 other provisions of law a foreign professional service limited liability 29 company formed to lawfully engage in the practice of public accountancy, 30 as such practice is respectively defined under article 149 of the educa- 31 tion law shall be required to show (1) that a simple majority of the 32 ownership of the firm, in terms of financial interests, including owner- 33 ship-based compensation, and voting rights held by the firm's owners, 34 belongs to individuals licensed to practice public accountancy in some 35 state, and (2) that all members of a foreign limited professional 36 service limited liability company, whose principal place of business is 37 in this state, and who are engaged in the practice of public accountancy 38 in this state, hold a valid license issued under section 7404 of the 39 education law or are public accountants licensed under section 7405 of 40 the education law. Although firms may include non-licensee owners, the 41 firm and its owners must comply with rules promulgated by the state 42 board of regents. Notwithstanding the foregoing, a firm registered 43 under this section may not have non-licensee owners if the firm's name 44 includes the words "certified public accountant," or "certified public 45 accountants," or the abbreviations "CPA" or "CPAs." Each non-licensee 46 owner of a firm that is registered under this section shall be (1) a 47 natural person who actively participates in the business of the firm or 48 its affiliated entities, or (2) an entity, including, but not limited 49 to, a partnership or professional corporation, provided each beneficial 50 owner of an equity interest in such entity is a natural person who 51 actively participates in the business conducted by the firm or its 52 affiliated entities. For purposes of this subdivision, "actively partic- 53 ipate" means to provide services to clients or to otherwise individually 54 take part in the day-to-day business or management of the firm. 55 § 15. This act shall take effect immediately. S. 1506 52 A. 2006 1 PART C 2 Section 1. Section 1604 of the education law is amended by adding a 3 new subdivision 43 to read as follows: 4 43. To pass, in the discretion of the trustees, a resolution authoriz- 5 ing the use of school bus cameras pursuant to section eleven hundred 6 eighteen of the vehicle and traffic law, provided that the trustees may 7 also enter into contracts with a third party for the installation, 8 administration, operation, notice processing, and maintenance of such 9 cameras, and for the sharing of revenue derived from such cameras pursu- 10 ant to section eleven hundred eighteen of the vehicle and traffic law, 11 provided that the purchase, lease, installation, operation and mainte- 12 nance, or any other costs associated with such cameras shall not be 13 considered an aidable expense pursuant to section thirty-six hundred 14 twenty-three-a of this chapter. 15 § 2. Section 1709 of the education law is amended by adding a new 16 subdivision 43 to read as follows: 17 43. To pass a resolution, in the discretion of the board, authorizing 18 the use of school bus cameras pursuant to section eleven hundred eigh- 19 teen of the vehicle and traffic law, provided that the board may also 20 enter into contracts with a third party for the installation, adminis- 21 tration, operation, notice processing, and maintenance of such cameras, 22 and for the sharing of revenue derived from such cameras pursuant to 23 section eleven hundred eighteen of the vehicle and traffic law, provided 24 that the purchase, lease, installation, operation and maintenance, or 25 any other costs associated with such cameras shall not be considered an 26 aidable expense pursuant to section thirty-six hundred twenty-three-a of 27 this chapter. 28 § 3. The vehicle and traffic law is amended by adding a new section 29 1118 to read as follows: 30 § 1118. Owner liability for operator illegally overtaking or passing a 31 school bus. (a) 1. Notwithstanding any other provision of law, each 32 board of education or trustees of a school district is hereby authorized 33 and empowered to adopt and amend a resolution establishing a school bus 34 safety camera program imposing monetary liability on the owner of a 35 vehicle for failure of an operator thereof to comply with section eleven 36 hundred seventy-four of this title. Such program shall empower a board 37 of education or school district or school bus transportation contractor 38 that has contracted with such school district to install school bus 39 safety cameras upon school buses operated by or contracted with such 40 district. 41 2. Such program shall utilize necessary technologies to ensure, to the 42 extent practicable, that photographs produced by such school bus safety 43 cameras shall not include images that identify the driver, the passen- 44 gers, or the contents of the vehicle. Provided, however, that no notice 45 of liability issued pursuant to this section shall be dismissed solely 46 because a photograph or photographs allow for the identification of the 47 contents of a vehicle, provided that such school district has made a 48 reasonable effort to comply with the provisions of this paragraph. 49 (b) In any school district which has adopted a resolution pursuant to 50 subdivision (a) of this section, the owner of a vehicle shall be liable 51 for a penalty imposed pursuant to this section if such vehicle was used 52 or operated with the permission of the owner, express or implied, in 53 violation of subdivision (a) of section eleven hundred seventy-four of 54 this title, and such violation is evidenced by information obtained from 55 a school bus safety camera; provided however that no owner of a vehicle S. 1506 53 A. 2006 1 shall be liable for a penalty imposed pursuant to this section where the 2 operator of such vehicle has been convicted of the underlying violation 3 of subdivision (a) of section eleven hundred seventy-four of this title. 4 (c) For purposes of this section, "owner" shall have the meaning 5 provided in article two-B of this chapter. For purposes of this section, 6 "school bus safety camera" shall mean an automated photo monitoring 7 device affixed to the outside of a school bus and designated to detect 8 and store videotape and one or more images of motor vehicles that over- 9 take or pass school buses in violation of subdivision (a) of section 10 eleven hundred seventy-four of this title. 11 (d) No school district or school bus transportation contractor that 12 has installed cameras pursuant to this section shall access the images 13 from such cameras but shall provide, pursuant to an agreement with the 14 appropriate law enforcement agency or agencies, for the proper handling 15 and custody of such images for the forwarding of such images from such 16 cameras to a law enforcement agency having jurisdiction in the area in 17 which the violation occurred for the purpose of imposing monetary 18 liability on the owner of a motor vehicle for illegally overtaking or 19 passing a school bus in violation of subdivision (a) of section eleven 20 hundred seventy-four of this title. After receipt of such images a 21 police officer shall inspect such videotape and images to determine 22 whether a violation of subdivision (a) of section eleven hundred seven- 23 ty-four of this title was committed. Upon such a finding a certificate, 24 sworn to or affirmed by an officer of such agency, or a facsimile there- 25 of, based upon inspection of photographs, microphotographs, videotape or 26 other recorded images produced by a school bus safety camera, shall be 27 prima facie evidence of the facts contained therein. Any photographs, 28 microphotographs, videotape or other recorded images evidencing such a 29 violation shall be available for inspection in any proceeding to adjudi- 30 cate the liability for such violation. 31 (e) An owner found liable pursuant to this section for a violation of 32 subdivision (a) of section eleven hundred seventy-four of this title 33 shall be liable for a monetary penalty of two hundred fifty dollars. 34 (e-1) Payment of the monetary penalty imposed by subdivision (e) of 35 this section shall be payable to the school district. Nothing herein 36 shall prevent the school district from entering into a memorandum of 37 understanding with a local law enforcement agency to return a portion of 38 such penalty received to the local law enforcement agency, provided 39 however, in no case shall such portion returned to a local law enforce- 40 ment agency exceed twenty percent of the amount received by the school 41 district. 42 (f) An imposition of liability under this section shall not be deemed 43 a conviction as an operator and shall not be made part of the operating 44 record of the person upon whom such liability is imposed nor shall it be 45 used for insurance purposes in the provision of motor vehicle insurance 46 coverage. 47 (g) 1. A notice of liability shall be sent by the respective law 48 enforcement agency by first class mail to each person alleged to be 49 liable as an owner for a violation of subdivision (a) of section eleven 50 hundred seventy-four of this title pursuant to this section. Personal 51 delivery on the owner shall not be required. A manual or automatic 52 record of mailing prepared in the ordinary course of business shall be 53 prima facie evidence of the facts contained therein. 54 2. A notice of liability shall contain the name and address of the 55 person alleged to be liable as an owner for a violation of subdivision 56 (a) of section eleven hundred seventy-four of this title pursuant to S. 1506 54 A. 2006 1 this section, the registration number of the vehicle involved in such 2 violation, the location where such violation took place, the date and 3 time of such violation and the identification number of the camera which 4 recorded the violation or other document locator number. 5 3. The notice of liability shall contain information advising the 6 person charged of the manner and the time in which he may contest the 7 liability alleged in the notice. Such notice of liability shall also 8 contain a warning to advise the persons charged that failure to contest 9 in the manner and time provided shall be deemed an admission of liabil- 10 ity and that a default judgment may be entered thereon. 11 4. The notice of liability shall be prepared and mailed by the respec- 12 tive law enforcement agency having jurisdiction over the location where 13 the violation occurred. 14 (h) Adjudication of the liability imposed upon owners by this section 15 shall be by a traffic violations bureau established pursuant to section 16 three hundred seventy of the general municipal law or, if there be none, 17 by the court having jurisdiction over traffic infractions, except that 18 any city which has established or designated an administrative tribunal 19 to hear and determine owner liability established by this article for 20 failure to comply with traffic-control indications shall use such tribu- 21 nal to adjudicate the liability imposed by this section. 22 (i) If an owner receives a notice of liability pursuant to this 23 section for any time period during which the vehicle was reported to a 24 police department as having been stolen, it shall be a valid defense to 25 an allegation of liability for a violation of subdivision (a) of section 26 eleven hundred seventy-four of this title pursuant to this section that 27 the vehicle had been reported to the police as stolen prior to the time 28 the violation occurred and had not been recovered by such time. For 29 purposes of asserting the defense provided by this subdivision it shall 30 be sufficient that a certified copy of the police report on the stolen 31 vehicle be sent by first class mail to the traffic violations bureau, 32 court having jurisdiction or parking violations bureau. 33 (j) Where the adjudication of liability imposed upon owners pursuant 34 to this section is by an administrative tribunal, traffic violations 35 bureau, or a court having jurisdiction, an owner who is a lessor of a 36 vehicle to which a notice of liability was issued pursuant to subdivi- 37 sion (g) of this section shall not be liable for the violation of subdi- 38 vision (a) of section eleven hundred seventy-four of this title, 39 provided that he or she sends to the administrative tribunal, traffic 40 violations bureau, or court having jurisdiction a copy of the rental, 41 lease or other such contract document covering such vehicle on the date 42 of the violation, with the name and address of the lessee clearly legi- 43 ble, within thirty-seven days after receiving notice from the bureau or 44 court of the date and time of such violation, together with the other 45 information contained in the original notice of liability. Failure to 46 send such information within such thirty-seven day time period shall 47 render the owner liable for the penalty prescribed by this section. 48 Where the lessor complies with the provisions of this paragraph, the 49 lessee of such vehicle on the date of such violation shall be deemed to 50 be the owner of such vehicle for purposes of this section, shall be 51 subject to liability for the violation of subdivision (a) of section 52 eleven hundred seventy-four of this title pursuant to this section and 53 shall be sent a notice of liability pursuant to subdivision (g) of this 54 section. 55 (k) 1. If the owner liable for a violation of subdivision (a) of 56 section eleven hundred seventy-four of this title pursuant to this S. 1506 55 A. 2006 1 section was not the operator of the vehicle at the time of the 2 violation, the owner may maintain an action for indemnification against 3 the operator. 4 2. Notwithstanding any other provision of this section, no owner of a 5 vehicle shall be subject to a monetary fine imposed pursuant to this 6 section if the operator of such vehicle was operating such vehicle with- 7 out the consent of the owner at the time such operator was found to have 8 been overtaking or passing a school bus. For purposes of this subdivi- 9 sion there shall be a presumption that the operator of such vehicle was 10 operating such vehicle with the consent of the owner at the time such 11 operator was found to have been overtaking or passing a school bus. 12 (l) Nothing in this section shall be construed to limit the liability 13 of an operator of a vehicle for any violation of subdivision (a) of 14 section eleven hundred seventy-four of this title. 15 (m) In any school district which adopts a school bus safety camera 16 program pursuant to subdivision (a) of this section, such school 17 district shall submit an annual report on the results of the use of its 18 school bus safety cameras to the governor, the temporary president of 19 the senate and the speaker of the assembly on or before June first, two 20 thousand nineteen and on the same date in each succeeding year in which 21 the demonstration program is operable. Such report shall include, but 22 not be limited to: 23 1. a description of the number of busses and routes where school bus 24 safety cameras were used; 25 2. the aggregate number of annual incidents of violations of subdivi- 26 sion (a) of section eleven hundred seventy-four of this title within the 27 district; 28 3. the number of violations recorded by school bus safety cameras in 29 the aggregate and on a daily, weekly and monthly basis; 30 4. the total number of notices of liability issued for violations 31 recorded by such systems; 32 5. the number of fines and total amount of fines paid after first 33 notice of liability issued for violations recorded by such systems; 34 6. the number of violations adjudicated and results of such adjudi- 35 cations including breakdowns of dispositions made for violations 36 recorded by such systems; 37 7. the total amount of revenue realized by such school district from 38 such adjudications; 39 8. expenses incurred by such school district in connection with the 40 program; and 41 9. quality of the adjudication process and its results. 42 (n) It shall be a defense to any prosecution for a violation of subdi- 43 vision (a) of section eleven hundred seventy-four of this title that 44 such school bus safety cameras were malfunctioning at the time of the 45 alleged violation. 46 § 4. Subdivision (c) of section 1174 of the vehicle and traffic law, 47 as amended by chapter 254 of the laws of 2002, is amended to read as 48 follows: 49 (c) Every person convicted of a violation of subdivision (a) of this 50 section shall: for a first conviction thereof, be punished by a fine of 51 not less than [two hundred fifty] five hundred dollars nor more than 52 [four] seven hundred fifty dollars or by imprisonment for not more than 53 thirty days or by both such fine and imprisonment; for a conviction of a 54 second violation, both of which were committed within a period of three 55 years, such person shall be punished by a fine of not less than [six 56 hundred] one thousand dollars nor more than [seven] one thousand two S. 1506 56 A. 2006 1 hundred fifty dollars or by imprisonment for not more than one hundred 2 eighty days or by both such fine and imprisonment; upon a conviction of 3 a third or subsequent violation, all of which were committed within a 4 period of three years, such person shall be punished by a fine of not 5 less than [seven hundred fifty] one thousand two hundred fifty dollars 6 nor more than one thousand five hundred dollars or by imprisonment for 7 not more than one hundred eighty days or by both such fine and imprison- 8 ment. 9 § 5. This act shall take effect immediately. 10 PART D 11 Section 1. This act shall be known and may be cited as the "Senator 12 Jose R. Peralta New York State DREAM Act". 13 § 2. Subdivision 3 of section 661 of the education law is REPEALED. 14 § 3. Paragraph a of subdivision 5 of section 661 of the education law, 15 as amended by chapter 466 of the laws of 1977, is amended to read as 16 follows: 17 a. (i) Except as provided in subdivision two of section six hundred 18 seventy-four of this part and subparagraph (ii) of this paragraph, an 19 applicant for an award at the undergraduate level of study must either 20 [(i)] (a) have been a legal resident of the state for at least one year 21 immediately preceding the beginning of the semester, quarter or term of 22 attendance for which application for assistance is made, or [(ii)] (b) 23 be a legal resident of the state and have been a legal resident during 24 his or her last two semesters of high school either prior to graduation, 25 or prior to admission to college. Provided further that persons shall be 26 eligible to receive awards under section six hundred sixty-eight or 27 section six hundred sixty-nine of this part who are currently legal 28 residents of the state and are otherwise qualified. 29 (ii) An applicant who is not a legal resident of the state eligible 30 pursuant to subparagraph (i) of this paragraph, but is a United States 31 citizen, an alien lawfully admitted for permanent residence in the 32 United States, an individual of a class of refugees paroled by the 33 attorney general of the United States under his or her parole authority 34 pertaining to the admission of aliens to the United States, or an appli- 35 cant without lawful immigration status shall be eligible for an award at 36 the undergraduate level of study provided that the student: 37 (a) attended a registered New York state high school for two or more 38 years, graduated from a registered New York state high school, lived 39 continuously in New York state while attending an approved New York 40 state high school, applied for attendance at the institution of higher 41 education for the undergraduate study for which an award is sought, and 42 attended within five years of receiving a New York state high school 43 diploma; or 44 (b) attended an approved New York state program for a state high 45 school equivalency diploma, lived continuously in New York state while 46 attending an approved New York state program for a general equivalency 47 diploma, received a state high school equivalency diploma, subsequently 48 applied for attendance at the institution of higher education for the 49 undergraduate study for which an award is sought, earned admission based 50 on that general equivalency diploma, and attended the institution of 51 higher education for the undergraduate study for which an award is 52 sought within five years of receiving a state high school equivalency 53 diploma; or S. 1506 57 A. 2006 1 (c) is otherwise eligible for the payment of tuition and fees at a 2 rate no greater than that imposed for resident students of the state 3 university of New York, the city university of New York or community 4 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 5 sion two of section three hundred fifty-five or paragraph (a) of subdi- 6 vision seven of section six thousand two hundred six of this chapter. 7 Provided, further, that a student without lawful immigration status 8 shall also be required to file an affidavit with such institution of 9 higher education stating that the student has filed an application to 10 legalize his or her immigration status, or will file such an application 11 as soon as he or she is eligible to do so. 12 § 4. Paragraph b of subdivision 5 of section 661 of the education law, 13 as amended by chapter 466 of the laws of 1977, is amended to read as 14 follows: 15 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this 16 paragraph, an applicant for an award at the graduate level of study must 17 either [(i)] (a) have been a legal resident of the state for at least 18 one year immediately preceding the beginning of the semester, quarter or 19 term of attendance for which application for assistance is made, or 20 [(ii)] (b) be a legal resident of the state and have been a legal resi- 21 dent during his or her last academic year of undergraduate study and 22 have continued to be a legal resident until matriculation in the gradu- 23 ate program. 24 (ii) An applicant who is not a legal resident of the state eligible 25 pursuant to subparagraph (i) of this paragraph, but is a United States 26 citizen, an alien lawfully admitted for permanent residence in the 27 United States, an individual of a class of refugees paroled by the 28 attorney general of the United States under his or her parole authority 29 pertaining to the admission of aliens to the United States, or an appli- 30 cant without lawful immigration status shall be eligible for an award at 31 the graduate level of study provided that the student: 32 (a) attended a registered New York state high school for two or more 33 years, graduated from a registered New York state high school, lived 34 continuously in New York state while attending an approved New York 35 state high school, applied for attendance at the institution of higher 36 education for the graduate study for which an award is sought, and 37 attended within ten years of receiving a New York state high school 38 diploma; or 39 (b) attended an approved New York state program for a state high 40 school equivalency diploma, lived continuously in New York state while 41 attending an approved New York state program for a general equivalency 42 diploma, received a state high school equivalency diploma, subsequently 43 applied for attendance at the institution of higher education for the 44 graduate study for which an award is sought, and attended the institu- 45 tion of higher education for the graduate study for which an award is 46 sought within ten years of receiving a state high school equivalency 47 diploma; or 48 (c) is otherwise eligible for the payment of tuition and fees at a 49 rate no greater than that imposed for resident students of the state 50 university of New York, the city university of New York or community 51 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 52 sion two of section three hundred fifty-five or paragraph (a) of subdi- 53 vision seven of section six thousand two hundred six of this chapter. 54 Provided, further, that a student without lawful immigration status 55 shall also be required to file an affidavit with such institution of 56 higher education stating that the student has filed an application to S. 1506 58 A. 2006 1 legalize his or her immigration status, or will file such an application 2 as soon as he or she is eligible to do so. 3 § 5. Paragraph d of subdivision 5 of section 661 of the education law, 4 as amended by chapter 844 of the laws of 1975, is amended to read as 5 follows: 6 d. If an applicant for an award allocated on a geographic basis has 7 more than one residence in this state, his or her residence for the 8 purpose of this article shall be his or her place of actual residence 9 during the major part of the year while attending school, as determined 10 by the commissioner; and further provided that an applicant who does not 11 have a residence in this state and is eligible for an award pursuant to 12 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of 13 this subdivision shall be deemed to reside in the geographic area of the 14 institution of higher education in which he or she attends for purposes 15 of an award allocated on a geographic basis. 16 § 6. Paragraph e of subdivision 5 of section 661 of the education law, 17 as added by chapter 630 of the laws of 2005, is amended to read as 18 follows: 19 e. Notwithstanding any other provision of this article to the contra- 20 ry, the New York state [residency] eligibility [requirement] require- 21 ments for receipt of awards [is] set forth in paragraphs a and b of this 22 subdivision are waived for a member, or the spouse or dependent of a 23 member, of the armed forces of the United States on full-time active 24 duty and stationed in this state. 25 § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- 26 sion 2 of section 355 of the education law, as added by chapter 327 of 27 the laws of 2002, are amended to read as follows: 28 (i) attended an approved New York high school for two or more years, 29 graduated from an approved New York high school, lived continuously in 30 New York state while attending an approved New York high school, and 31 applied for attendance [at] and attended an institution or educational 32 unit of the state university within five years of receiving a New York 33 state high school diploma; or 34 (ii) attended an approved New York state program for general equiv- 35 alency diploma exam preparation, received a general equivalency diploma 36 issued within New York state, lived continuously in New York state while 37 attending an approved New York state program for general equivalency 38 diploma exam preparation, and subsequently applied for attendance [at], 39 earned admission based on that general equivalency diploma, and attended 40 an institution or educational unit of the state university within five 41 years of receiving a general equivalency diploma issued within New York 42 state; or 43 § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of 44 section 6206 of the education law, as amended by chapter 260 of the laws 45 of 2011, are amended to read as follows: 46 (i) attended an approved New York high school for two or more years, 47 graduated from an approved New York high school, lived continuously in 48 New York state while attending an approved New York high school, and 49 applied for attendance [at] and attended an institution or educational 50 unit of the city university within five years of receiving a New York 51 state high school diploma; or 52 (ii) attended an approved New York state program for general equiv- 53 alency diploma exam preparation, received a general equivalency diploma 54 issued within New York state, lived continuously in New York state while 55 attending an approved New York state program for general equivalency 56 diploma exam preparation, and subsequently applied for attendance [at], S. 1506 59 A. 2006 1 earned admission based on that general equivalency diploma, and attended 2 an institution or educational unit of the city university within five 3 years of receiving a general equivalency diploma issued within New York 4 state; or 5 § 9. Paragraph (a) of subdivision 7 of section 6206 of the education 6 law, as amended by chapter 327 of the laws of 2002, the opening para- 7 graph as amended by section 4 of chapter 437 of the laws of 2015, is 8 amended to read as follows: 9 (a) The board of trustees shall establish positions, departments, 10 divisions and faculties; appoint and in accordance with the provisions 11 of law fix salaries of instructional and non-instructional employees 12 therein; establish and conduct courses and curricula; prescribe condi- 13 tions of student admission, attendance and discharge; and shall have the 14 power to determine in its discretion whether tuition shall be charged 15 and to regulate tuition charges, and other instructional and non-in- 16 structional fees and other fees and charges at the educational units of 17 the city university. The trustees shall review any proposed community 18 college tuition increase and the justification for such increase. The 19 justification provided by the community college for such increase shall 20 include a detailed analysis of ongoing operating costs, capital, debt 21 service expenditures, and all revenues. The trustees shall not impose a 22 differential tuition charge based upon need or income. All students 23 enrolled in programs leading to like degrees at the senior colleges 24 shall be charged a uniform rate of tuition, except for differential 25 tuition rates based on state residency. Notwithstanding any other 26 provision of this paragraph, the trustees may authorize the setting of a 27 separate category of tuition rate, that shall be greater than the 28 tuition rate for resident students and less than the tuition rate for 29 non-resident students, only for students enrolled in distance learning 30 courses who are not residents of the state. The trustees shall further 31 provide that the payment of tuition and fees by any student who is not a 32 resident of New York state, other than a non-immigrant alien within the 33 meaning of paragraph (15) of subsection (a) of section 1101 of title 8 34 of the United States Code, shall be paid at a rate or charge no greater 35 than that imposed for students who are residents of the state if such 36 student: 37 (i) attended an approved New York high school for two or more years, 38 graduated from an approved New York high school, lived continuously in 39 New York state while attending an approved New York high school, and 40 applied for attendance [at] and attended an institution or educational 41 unit of the city university within five years of receiving a New York 42 state high school diploma; or 43 (ii) attended an approved New York state program for general equiv- 44 alency diploma exam preparation, received a general equivalency diploma 45 issued within New York state, lived continuously in New York state while 46 attending an approved New York state program for general equivalency 47 diploma exam preparation, and subsequently applied for attendance [at], 48 earned admission based on that general equivalency diploma, and attended 49 an institution or educational unit of the city university within five 50 years of receiving a general equivalency diploma issued within New York 51 state; or 52 (iii) was enrolled in an institution or educational unit of the city 53 university in the fall semester or quarter of the two thousand one--two 54 thousand two academic year and was authorized by such institution or 55 educational unit to pay tuition at the rate or charge imposed for 56 students who are residents of the state. S. 1506 60 A. 2006 1 A student without lawful immigration status shall also be required to 2 file an affidavit with such institution or educational unit stating that 3 the student has filed an application to legalize his or her immigration 4 status, or will file such an application as soon as he or she is eligi- 5 ble to do so. The trustees shall not adopt changes in tuition charges 6 prior to the enactment of the annual budget. The board of trustees may 7 accept as partial reimbursement for the education of veterans of the 8 armed forces of the United States who are otherwise qualified such sums 9 as may be authorized by federal legislation to be paid for such educa- 10 tion. The board of trustees may conduct on a fee basis extension courses 11 and courses for adult education appropriate to the field of higher 12 education. In all courses and courses of study it may, in its 13 discretion, require students to pay library, laboratory, locker, break- 14 age and other instructional and non-instructional fees and meet the cost 15 of books and consumable supplies. In addition to the foregoing fees and 16 charges, the board of trustees may impose and collect fees and charges 17 for student government and other student activities and receive and 18 expend them as agent or trustee. 19 § 10. Subdivision 5 of section 6301 of the education law, as amended 20 by chapter 327 of the laws of 2002, is amended to read as follows: 21 5. "Resident." A person who has resided in the state for a period of 22 at least one year and in the county, city, town, intermediate school 23 district, school district or community college region, as the case may 24 be, for a period of at least six months, both immediately preceding the 25 date of such person's registration in a community college or, for the 26 purposes of section sixty-three hundred five of this article, his or her 27 application for a certificate of residence; provided, however, that this 28 term shall include any student who is not a resident of New York state, 29 other than a non-immigrant alien within the meaning of paragraph (15) of 30 subsection (a) of section 1101 of title 8 of the United States Code, if 31 such student: 32 (i) attended an approved New York high school for two or more years, 33 graduated from an approved New York high school, lived continuously in 34 New York state while attending an approved New York high school, and 35 applied for attendance [at an institution or educational unit of the 36 state university] and attended a community college within five years of 37 receiving a New York state high school diploma; or 38 (ii) attended an approved New York state program for general equiv- 39 alency diploma exam preparation, received a general equivalency diploma 40 issued within New York state, lived continuously in New York state while 41 attending an approved New York state program for general equivalency 42 diploma exam preparation, and subsequently applied for attendance [at an 43 institution or educational unit of the state university], earned admis- 44 sion based on that general equivalency diploma, and attended a community 45 college within five years of receiving a general equivalency diploma 46 issued within New York state; or 47 (iii) was enrolled in [an institution or educational unit of the state 48 university] a community college in the fall semester or quarter of the 49 two thousand one--two thousand two academic year and was authorized by 50 such [institution or educational unit] community college to pay tuition 51 at the rate or charge imposed for students who are residents of the 52 state. 53 Provided, further, that a student without lawful immigration status 54 shall also be required to file an affidavit with such [institution or 55 educational unit] community college stating that the student has filed S. 1506 61 A. 2006 1 an application to legalize his or her immigration status, or will file 2 such an application as soon as he or she is eligible to do so. 3 In the event that a person qualified as above for state residence, but 4 has been a resident of two or more counties in the state during the six 5 months immediately preceding his or her application for a certificate of 6 residence pursuant to section sixty-three hundred five of this [chapter] 7 article, the charges to the counties of residence shall be allocated 8 among the several counties proportional to the number of months, or 9 major fraction thereof, of residence in each county. 10 § 11. Paragraph d of subdivision 3 of section 6451 of the education 11 law, as amended by chapter 494 of the laws of 2016, is amended to read 12 as follows: 13 d. Any necessary supplemental financial assistance, which may include 14 the cost of books and necessary maintenance for such enrolled students, 15 including students without lawful immigration status provided that the 16 student meets the requirements set forth in subparagraph (ii) of para- 17 graph a or subparagraph (ii) of paragraph b of subdivision five of 18 section six hundred sixty-one of this chapter, as applicable; provided, 19 however, that such supplemental financial assistance shall be furnished 20 pursuant to criteria promulgated by the commissioner with the approval 21 of the director of the budget; 22 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 23 of the education law, as amended by chapter 917 of the laws of 1970, is 24 amended to read as follows: 25 (v) Any necessary supplemental financial assistance, which may include 26 the cost of books and necessary maintenance for such students, including 27 students without lawful immigration status provided that the student 28 meets the requirements set forth in subparagraph (ii) of paragraph a or 29 subparagraph (ii) of paragraph b of subdivision five of section six 30 hundred sixty-one of this chapter, as applicable; provided, however, 31 that such supplemental financial assistance shall be furnished pursuant 32 to criteria promulgated by such universities and approved by the regents 33 and the director of the budget. 34 § 13. Paragraph (a) of subdivision 2 of section 6455 of the education 35 law, as added by chapter 285 of the laws of 1986, is amended to read as 36 follows: 37 (a) (i) Undergraduate science and technology entry program moneys may 38 be used for tutoring, counseling, remedial and special summer courses, 39 supplemental financial assistance, program administration, and other 40 activities which the commissioner may deem appropriate. To be eligible 41 for undergraduate collegiate science and technology entry program 42 support, a student must be a resident of New York [who is], or meet the 43 requirements of subparagraph (ii) of this paragraph, and must be either 44 economically disadvantaged or from a minority group historically under 45 represented in the scientific, technical, health and health-related 46 professions, and [who demonstrates] must demonstrate interest in and a 47 potential for a professional career if provided special services. Eligi- 48 ble students must be in good academic standing, enrolled full time in an 49 approved, undergraduate level program of study, as defined by the 50 regents. 51 (ii) An applicant who is not a legal resident of the state eligible 52 pursuant to subparagraph (i) of this paragraph, but is a United States 53 citizen, an alien lawfully admitted for permanent residence in the 54 United States, an individual of a class of refugees paroled by the 55 attorney general of the United States under his or her parole authority 56 pertaining to the admission of aliens to the United States, or an appli- S. 1506 62 A. 2006 1 cant without lawful immigration status shall be eligible for an award at 2 the undergraduate level of study provided that the student: 3 (A) attended a registered New York state high school for two or more 4 years, graduated from a registered New York state high school, lived 5 continuously in New York state while attending an approved New York 6 state high school, applied for attendance at the institution of higher 7 education for the undergraduate study for which an award is sought, and 8 attended within five years of receiving a New York state high school 9 diploma; or 10 (B) attended an approved New York state program for a state high 11 school equivalency diploma, lived continuously in New York state while 12 attending an approved New York state program for a general equivalency 13 diploma, received a state high school equivalency diploma, subsequently 14 applied for attendance at the institution of higher education for the 15 undergraduate study for which an award is sought, earned admission based 16 on that general equivalency diploma, and attended the institution of 17 higher education for the undergraduate study for which an award is 18 sought within five years of receiving a state high school equivalency 19 diploma; or 20 (C) is otherwise eligible for the payment of tuition and fees at a 21 rate no greater than that imposed for resident students of the state 22 university of New York, the city university of New York or community 23 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 24 sion two of section three hundred fifty-five or paragraph (a) of subdi- 25 vision seven of section six thousand two hundred six of this chapter. 26 Provided, further, that a student without lawful immigration status 27 shall also be required to file an affidavit with such institution of 28 higher education stating that the student has filed an application to 29 legalize his or her immigration status, or will file such an application 30 as soon as he or she is eligible to do so. 31 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education 32 law, as added by chapter 285 of the laws of 1986, is amended to read as 33 follows: 34 (a) (i) Graduate science and technology entry program moneys may be 35 used for recruitment, academic enrichment, career planning, supplemental 36 financial assistance, review for licensing examinations, program admin- 37 istration, and other activities which the commissioner may deem appro- 38 priate. To be eligible for graduate collegiate science and technology 39 entry program support, a student must be a resident of New York [who 40 is], or meet the requirements of subparagraph (ii) of this paragraph, 41 and must be either economically disadvantaged or from a minority group 42 historically underrepresented in the scientific, technical and health- 43 related professions. Eligible students must be in good academic stand- 44 ing, enrolled full time in an approved graduate level program, as 45 defined by the regents. 46 (ii) An applicant who is not a legal resident of the state eligible 47 pursuant to subparagraph (i) of this paragraph, but is a United States 48 citizen, an alien lawfully admitted for permanent residence in the 49 United States, an individual of a class of refugees paroled by the 50 attorney general of the United States under his or her parole authority 51 pertaining to the admission of aliens to the United States, or an appli- 52 cant without lawful immigration status shall be eligible for an award at 53 the graduate level of study provided that the student: 54 (A) attended a registered New York state high school for two or more 55 years, graduated from a registered New York state high school, lived 56 continuously in New York state while attending an approved New York S. 1506 63 A. 2006 1 state high school, applied for attendance at the institution of higher 2 education for the graduate study for which an award is sought, and 3 attended within ten years of receiving a New York state high school 4 diploma; or 5 (B) attended an approved New York state program for a state high 6 school equivalency diploma, lived continuously in New York state while 7 attending an approved New York state program for a general equivalency 8 diploma, received a state high school equivalency diploma, subsequently 9 applied for attendance at the institution of higher education for the 10 graduate study for which an award is sought, and attended the institu- 11 tion of higher education for the graduate study for which an award is 12 sought within ten years of receiving a state high school equivalency 13 diploma; or 14 (C) is otherwise eligible for the payment of tuition and fees at a 15 rate no greater than that imposed for resident students of the state 16 university of New York, the city university of New York or community 17 college as prescribed in subparagraph eight of paragraph h of subdivi- 18 sion two of section three hundred fifty-five or paragraph (a) of subdi- 19 vision seven of section six thousand two hundred six of this chapter. 20 Provided, further, that a student without lawful immigration status 21 shall also be required to file an affidavit with such institution of 22 higher education stating that the student has filed an application to 23 legalize his or her immigration status, or will file such an application 24 as soon as he or she is eligible to do so. 25 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 26 695-e of the education law, as amended by chapter 593 of the laws of 27 2003, is amended to read as follows: 28 (i) the name, address and social security number [or], employer iden- 29 tification number, or individual taxpayer identification number of the 30 account owner unless a family tuition account that was in effect prior 31 to the effective date of the chapter of the laws of two thousand nine- 32 teen that amended this subparagraph does not allow for a taxpayer iden- 33 tification number, in which case a taxpayer identification number shall 34 be allowed upon the expiration of the contract; 35 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 36 695-e of the education law, as amended by chapter 593 of the laws of 37 2003, is amended to read as follows: 38 (iii) the name, address, and social security number, employer iden- 39 tification number, or individual taxpayer identification number of the 40 designated beneficiary, unless a family tuition account that was in 41 effect prior to the effective date of the chapter of the laws of two 42 thousand nineteen that amended this subparagraph does not allow for a 43 taxpayer identification number, in which case a taxpayer identification 44 number shall be allowed upon the expiration of the contract; and 45 § 17. The president of the higher education services corporation shall 46 establish an application form and procedures that shall allow a student 47 applicant that meets the requirements set forth in subparagraph (ii) of 48 paragraph a or subparagraph (ii) of paragraph b of subdivision 5 of 49 section 661 of the education law to apply directly to the higher educa- 50 tion services corporation for applicable awards without having to submit 51 information to any other state or federal agency. All information 52 contained with the applications filed with such corporation shall be 53 deemed confidential, except that the corporation shall be entitled to 54 release information to participating institutions as necessary for the 55 administration of financial aid programs and to the extent required S. 1506 64 A. 2006 1 pursuant to article 6 of the public officers law or otherwise required 2 by law. 3 § 18. The higher education services corporation is authorized to 4 promulgate rules and regulations, and may promulgate emergency regu- 5 lations, necessary for the implementation of the provisions of this act. 6 § 19. This act shall take effect on the ninetieth day after the issu- 7 ance of regulations and the development of an application form by the 8 president of the higher education services corporation or on the nineti- 9 eth day after it shall have become a law, whichever shall be later; 10 provided, however, that: 11 a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of 12 subdivision 7 of section 6206 of the education law made by section eight 13 of this act shall not affect the expiration of such paragraph and shall 14 be deemed to expire therewith, when upon such date the provisions of 15 section nine of this act shall take effect; and 16 b. the president of the higher education services corporation shall 17 notify the legislative bill drafting commission upon the occurrence of 18 the issuance of regulations and the development of an application form 19 provided for in this section in order that the commission may maintain 20 an accurate and timely effective data base of the official text of the 21 laws of the state of New York in furtherance of effectuating the 22 provisions of section 44 of the legislative law and section 70-b of the 23 public officers law. 24 PART E 25 Section 1. This act shall be known and be cited as the "For-Profit 26 College Accountability Act". 27 § 2. The education law is amended by adding a new section 239-c to 28 read as follows: 29 § 239-c. Standards for for-profit higher education institutions. 1. 30 For the purposes of this section a "proprietary institution of higher 31 education" means a school that: 32 (a) (i) provides an eligible program of training to prepare students 33 for gainful employment in a recognized occupation; or 34 (ii) provides a program leading to an associates or baccalaureate 35 degree; 36 (b) is legally authorized in New York state to provide a program of 37 education beyond secondary education; and 38 (c) is neither a public or nonprofit institution. 39 2. (a) Commencing in the two thousand nineteen--two thousand twenty 40 academic year and thereafter, a proprietary institution of higher educa- 41 tion, shall derive not less than twenty percent of such institution's 42 annual revenues from sources other than the combined revenues from 43 limited revenue sources as defined in subparagraph (i) of this para- 44 graph. 45 (i) For the purposes of this subdivision "limited revenue sources" 46 means: (A) the tuition assistance program pursuant to section six 47 hundred sixty-seven of this title; 48 (B) the enhanced tuition award pursuant to section six hundred sixty- 49 seven-d of this title; 50 (C) all federal student loan and grant programs authorized under 51 Subchapter IV of Chapter 28 of Title 20 of the United States Code; and 52 (D) any other local, state, or federal government loan, grant, or 53 scholarship program utilized to pay tuition, institutional fees, room S. 1506 65 A. 2006 1 and board, or other costs of attendance on behalf of a student or 2 students utilizing public funds. 3 (ii) For purposes of this subdivision "limited revenue sources" shall 4 not include: 5 (A) the amount of funds the institution received from private or non- 6 government sources; 7 (B) the amount of funds received by students in the form of direct 8 payment; 9 (C) the amount of funds provided by the institution as matching funds 10 for a limited revenue source; 11 (D) interest or investment income; 12 (E) the amount of funds provided by the institution for a limited 13 revenue source that are required to be refunded or returned; and 14 (F) the amount charged for books, supplies, and equipment, unless the 15 institution includes that amount as tuition, fees, or other institu- 16 tional charges. 17 (iii) For purposes of this subdivision, institutional aid provided to 18 students by the institution shall not be included within the calculation 19 of annual revenues. 20 (b) A proprietary institution of higher education that fails to meet 21 the requirement of paragraph (a) of this subdivision for two consecutive 22 academic years shall be ineligible to enroll new students participating 23 in any program authorized under this chapter for a period of not less 24 than two academic years, commencing with the academic year immediately 25 following the year in which the institution's financial statement demon- 26 strating failure to meet the requirement for the second consecutive 27 academic year is submitted to the commissioner pursuant to subdivision 28 four of this section. To regain eligibility to enroll new students 29 participating in the programs authorized under this chapter, a proprie- 30 tary institution of higher education shall demonstrate compliance with 31 paragraph (a) of this subdivision for a minimum of two academic years 32 after the academic year in which the institution became ineligible. 33 3. On or before September first, a proprietary institution of higher 34 education shall annually submit to the commissioner and the commissioner 35 shall publish on the department's website a detailed financial statement 36 disclosing the institution's revenues and expenditures for the prior 37 academic year and shall disclose the sources of revenue by type as well 38 as types of expenditures. Such statement shall also include a listing of 39 the total individual compensation from the institution to all officers, 40 directors, board members, trustees, shareholders, members, owners, and 41 senior administrators, including all fringe benefits, bonuses, and 42 performance incentives paid in the prior academic year. Such statement 43 shall adhere to generally accepted accounting principles and shall be 44 certified by an independent certified public accountant and certified by 45 the president of the institution. Such statement shall be submitted in a 46 form and manner as determined by the commissioner. 47 4. No proprietary institution of higher education shall permit any 48 senior staff or board member of the institution to serve on the board of 49 any regional or national accrediting agency or association which is an 50 accreditor of the institution. 51 5. No proprietary institution of higher education shall include any 52 provision requiring arbitration of disputes within any student enroll- 53 ment contract or agreement. 54 6. (a) Commencing in the two thousand nineteen--two thousand twenty 55 academic year and thereafter, no less than fifty percent of a proprie- S. 1506 66 A. 2006 1 tary institution of higher education's annual expenditures shall be made 2 in the area of student instruction. 3 (b) for the purposes of this subdivision "student instruction" means 4 expenditures for salaries, fringe benefits, professional development 5 expenses, and other payments made to instructors related to classroom 6 instruction. Such term does not include expenditures for staff training 7 required under state or federal laws, or for student recruitment, 8 marketing, direct mailing, or expenses of non-instructional staff. 9 (c) A proprietary institution of higher education that fails to meet 10 the requirement of paragraph (a) of this subdivision for two consecutive 11 academic years shall be ineligible to enroll new students participating 12 in any program authorized under this chapter for a period of not less 13 than two academic years, commencing with the academic year immediately 14 following the year in which the institution's financial statement demon- 15 strating failure to meet the requirement for the second consecutive 16 academic year is submitted to the commissioner pursuant to subdivision 17 four of this section. To regain eligibility to enroll new students 18 participating in the programs authorized under this chapter, a proprie- 19 tary institution of higher education shall demonstrate compliance with 20 paragraph (a) of this subdivision for a minimum of two academic years 21 after the academic year in which the institution became ineligible. 22 7. Failure to comply with the provisions of this section or a direc- 23 tive of the commissioner arising therefrom shall constitute a violation 24 of the laws governing state financial aid programs for the purposes of 25 section six hundred sixty-five-a of this title, and the president of the 26 higher education services corporation shall be authorized to terminate 27 existing agreements with the institution to participate in state finan- 28 cial aid programs and may prohibit participation of the institution in 29 state financial aid programs with respect to students enrolled after the 30 date of termination of such agreements. Further, where a proprietary 31 institution of higher education fails to comply with the provisions of 32 this section or a directive of the commissioner arising therefrom, the 33 commissioner shall be authorized to rescind such institution's authority 34 to enroll new students in academic programs in the state. 35 8. The commissioner is authorized to promulgate rules and regulations, 36 and may promulgate emergency regulations, necessary for the implementa- 37 tion of the provisions of this section. 38 § 3. This act shall take effect immediately. 39 PART F 40 Section 1. Section 97-z of the state finance law, as added by chapter 41 625 of the laws of 1987, subdivision 3 as amended by chapter 83 of the 42 laws of 1995, is amended to read as follows: 43 § 97-z. Arts capital [revolving] grants fund. 1. A special fund to be 44 known as the "arts capital [revolving] grants fund" is hereby estab- 45 lished in the custody of the state comptroller and the commissioner of 46 taxation and finance. 47 2. The fund shall consist of all monies appropriated for its purpose, 48 all monies transferred to such fund pursuant to law, all monies required 49 by this section or any other provision of law to be paid into or credit- 50 ed to the fund[, including payments of principal of and interest on 51 loans made from the fund] and any interest earnings which may accrue 52 from the investment of monies in the fund. Nothing contained herein 53 shall prevent the New York state council on the arts from receiving S. 1506 67 A. 2006 1 grants, gifts or bequests for the purposes of the fund as defined in 2 this section and depositing them into the fund according to law. 3 3. Monies of the fund, when allocated, shall be available for adminis- 4 trative costs of the council and to make [loans] grants to eligible 5 not-for-profit arts organizations as provided in section 3.07 of the 6 arts and cultural affairs law [and to pay the reasonable administrative 7 costs of the dormitory authority incurred in monitoring construction on 8 eligible projects and costs associated with contracts with outside enti- 9 ties to disburse loans and receive payments on such loans, as provided 10 in such section]. 11 4. Monies shall be payable from the fund on the audit and warrant of 12 the comptroller on vouchers approved and certified by the chairman of 13 the New York state council on the arts. 14 § 2. This act shall take effect immediately. 15 PART G 16 Section 1. Notwithstanding any other provision of law, the housing 17 trust fund corporation may provide, for purposes of the neighborhood 18 preservation program, a sum not to exceed $8,479,000 for the fiscal year 19 ending March 31, 2020. Notwithstanding any other provision of law, and 20 subject to the approval of the New York state director of the budget, 21 the board of directors of the state of New York mortgage agency shall 22 authorize the transfer to the housing trust fund corporation, for the 23 purposes of reimbursing any costs associated with neighborhood preserva- 24 tion program contracts authorized by this section, a total sum not to 25 exceed $8,479,000, such transfer to be made from (i) the special account 26 of the mortgage insurance fund created pursuant to section 2429-b of the 27 public authorities law, in an amount not to exceed the actual excess 28 balance in the special account of the mortgage insurance fund, as deter- 29 mined and certified by the state of New York mortgage agency for the 30 fiscal year 2018-2019 in accordance with section 2429-b of the public 31 authorities law, if any, and/or (ii) provided that the reserves in the 32 project pool insurance account of the mortgage insurance fund created 33 pursuant to section 2429-b of the public authorities law are sufficient 34 to attain and maintain the credit rating (as determined by the state of 35 New York mortgage agency) required to accomplish the purposes of such 36 account, the project pool insurance account of the mortgage insurance 37 fund, such transfer to be made as soon as practicable but no later than 38 June 30, 2019. 39 § 2. Notwithstanding any other provision of law, the housing trust 40 fund corporation may provide, for purposes of the rural preservation 41 program, a sum not to exceed $3,539,000 for the fiscal year ending March 42 31, 2020. Notwithstanding any other provision of law, and subject to 43 the approval of the New York state director of the budget, the board of 44 directors of the state of New York mortgage agency shall authorize the 45 transfer to the housing trust fund corporation, for the purposes of 46 reimbursing any costs associated with rural preservation program 47 contracts authorized by this section, a total sum not to exceed 48 $3,539,000, such transfer to be made from (i) the special account of the 49 mortgage insurance fund created pursuant to section 2429-b of the public 50 authorities law, in an amount not to exceed the actual excess balance in 51 the special account of the mortgage insurance fund, as determined and 52 certified by the state of New York mortgage agency for the fiscal year 53 2018-2019 in accordance with section 2429-b of the public authorities 54 law, if any, and/or (ii) provided that the reserves in the project pool S. 1506 68 A. 2006 1 insurance account of the mortgage insurance fund created pursuant to 2 section 2429-b of the public authorities law are sufficient to attain 3 and maintain the credit rating (as determined by the state of New York 4 mortgage agency) required to accomplish the purposes of such account, 5 the project pool insurance account of the mortgage insurance fund, such 6 transfer to be made as soon as practicable but no later than June 30, 7 2019. 8 § 3. This act shall take effect immediately. 9 PART H 10 Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of 11 section 390 of the social services law, as added by chapter 750 of the 12 laws of 1990, is amended to read as follows: 13 (i) "Child day care" shall mean child care where a license or regis- 14 tration pursuant to this section is required and shall include care for 15 a child on a regular basis provided away from the child's residence for 16 less than twenty-four hours per day by someone other than: (1) the 17 parent, step-parent, guardian, or relative within the third degree of 18 consanguinity of the parents or step-parents of such child; or (2) an 19 enrolled legally-exempt provider as such term is defined in paragraph 20 (g) of this subdivision. 21 § 2. Subdivision 1 of section 390 of the social services law is 22 amended by adding two new paragraphs (g) and (h) to read as follows: 23 (g) "Enrolled legally-exempt provider" shall mean a person or entity 24 that is not required to be licensed or registered pursuant to this 25 section and that is enrolled to provide subsidized child care services 26 to eligible families in accordance with title five-C of this article and 27 the regulations of the office of children and family services. 28 (h) "Relative enrolled legally-exempt provider" shall mean an enrolled 29 legally-exempt provider who is an individual, age eighteen or older, and 30 who, by virtue of blood, marriage or court decree, is, to all of the 31 children that such person is enrolled to provide subsidized child care 32 services to in accordance with title five-C of this article: 33 (i) a grandparent; 34 (ii) a great-grandparent; 35 (iii) a sibling provided that such sibling resides in a separate 36 household from the child; 37 (iv) an aunt; or 38 (v) an uncle. 39 § 3. Paragraph (a) of subdivision 2 of section 390 of the social 40 services law, as amended by chapter 117 of the laws of 2010, is amended 41 to read as follows: 42 (a) Child day care centers caring for seven or more children and group 43 family day care programs, as defined in subdivision one of this section, 44 shall obtain a license from the office of children and family services 45 and shall operate in accordance with the terms of such license and the 46 regulations of such office. Initial licenses [shall be valid for a peri- 47 od of up to two years;] and subsequent licenses shall be valid for a 48 period of up to four years so long as the provider remains substantially 49 in compliance with applicable law and regulations during such period. 50 § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 51 of section 390 of the social services law, as amended by chapter 117 of 52 the laws of 2010, is amended to read as follows: 53 (A) Initial registrations [shall be valid for a period of up to two 54 years,] and subsequent registrations shall be valid for a period of up S. 1506 69 A. 2006 1 to four years so long as the provider remains substantially in compli- 2 ance with applicable law and regulations during such period. 3 § 5. Paragraphs (a) and (b) of subdivision 3 of section 390 of the 4 social services law, paragraph (a) as amended by chapter 416 of the laws 5 of 2000, and paragraph (b) as amended by chapter 117 of the laws of 6 2010, are amended to read as follows: 7 (a) The office of children and family services may make announced or 8 unannounced inspections of the records and premises of any child [day] 9 care provider, whether or not such provider has a license from, or is 10 registered with, the office of children and family services. The office 11 of children and family services shall make unannounced inspections of 12 the records and premises of any child day care provider within fifteen 13 days after the office of children and family services receives a 14 complaint that, if true, would indicate such provider does not comply 15 with the applicable regulations of the office of children and family 16 services or with statutory requirements. If the complaint indicates that 17 there may be imminent danger to the children, the office of children and 18 family services shall investigate the complaint no later than the next 19 day of operation of the provider. The office of children and family 20 services may provide for inspections through the purchase of services. 21 (b) (i) Where inspections have been made and violations of applicable 22 statutes or regulations have been found, the office of children and 23 family services shall within ten days advise the child day care provider 24 in writing of the violations and require the provider to correct such 25 violations. The office of children and family services may also act 26 pursuant to subdivisions ten and eleven of this section. 27 (ii) Where inspections have been made and violations of applicable 28 statutes or regulations have been found, the office of children and 29 family services or its designee shall, within ten days, advise the 30 enrolled legally-exempt provider in writing of the violations and 31 require the provider to correct such violations. 32 § 6. Paragraph (a) of subdivision 4 of section 390 of the social 33 services law, as amended by chapter 416 of the laws of 2000, is amended 34 to read as follows: 35 (a) The office of children and family services on an annual basis 36 shall inspect [at least twenty percent of all registered family day care 37 homes, registered child day care centers and registered school age child 38 care programs to determine whether such homes, centers and programs are 39 operating in compliance with applicable statutes and regulations. The 40 office of children and family services shall increase the percentage of 41 family day care homes, child day care centers and school age child care 42 programs which are inspected pursuant to this subdivision as follows: to 43 at least thirty percent by the thirty-first of December two thousand; 44 and to at least fifty percent by the thirty-first of December two thou- 45 sand one] all child day care programs and all enrolled legally-exempt 46 providers other than relative enrolled legally-exempt providers. The 47 office of children and family services may provide for such inspections 48 through purchase of services. [Priority shall be given to family day 49 care homes which have never been licensed or certified prior to initial 50 registration.] 51 § 7. Subdivision 3 of section 390-a of the social services law, as 52 added by chapter 416 of the laws of 2000, paragraph (b) as amended by 53 chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter 54 117 of the laws of 2010, is amended to read as follows: 55 3. (a) The office of children and family services shall promulgate 56 regulations requiring operators, program directors, employees and S. 1506 70 A. 2006 1 assistants of family day care homes, group family day care homes, 2 school-age child care programs and child day care centers to receive 3 pre-service and annual training, as applicable. Provided however that 4 such providers shall be required to receive thirty hours of training 5 every two years; provided, further however, that fifteen hours of such 6 training must be received within the first six months of the initial 7 licensure, registration or employment. Such training requirements shall 8 also apply to any volunteer in such day care homes, programs or centers 9 who has the potential for regular and substantial contact with children. 10 The thirty hours of training required during the first biennial cycle 11 after initial licensure or registration shall include training received 12 while an application for licensure or registration pursuant to section 13 three hundred ninety of this title is pending. The office of children 14 and family services may provide this training through purchase of 15 services. 16 (b) The training required in paragraph (a) of this subdivision shall 17 address topics and subject matters required by federal law and the 18 following topics or subject matters, unless such topics or subject 19 matters are substantially covered in training that is required pursuant 20 to federal law: 21 (i) principles of childhood development, focusing on the developmental 22 stages of the age groups for which the program provides care; 23 (ii) nutrition and health needs of infants and children; 24 (iii) child day care program development; 25 (iv) safety and security procedures; 26 (v) business record maintenance and management; 27 (vi) child abuse and maltreatment identification and prevention; 28 (vii) statutes and regulations pertaining to child day care; 29 (viii) statutes and regulations pertaining to child abuse and 30 maltreatment; and 31 (ix) for operators, program directors, employees and assistants of 32 family day care homes, group family day care homes and child day care 33 centers, education and information on the identification, diagnosis and 34 prevention of shaken baby syndrome. 35 (c) For the thirty hours of biennial training required after the 36 initial period of licensure or registration, each provider who can 37 demonstrate basic competency shall determine in which of the specified 38 topics he or she needs further study, based on the provider's experience 39 and the needs of the children in the provider's care. 40 (d) Family day care home and group family day care home operators 41 shall obtain training pertaining to protection of the health and safety 42 of children, as required by regulation, prior to the issuance of a 43 license or registration by the office of children and family services. 44 (e) Upon request by the office of children and family services, the 45 child day care applicant or provider shall submit documentation demon- 46 strating compliance with the training requirements of this section. 47 § 8. The section heading of section 390-b of the social services law, 48 as added by chapter 416 of the laws of 2000, is amended to read as 49 follows: 50 Criminal history review and background clearances of child care 51 providers, generally. 52 § 9. Subdivisions 1, 2 and 3 of section 390-b of the social services 53 law are REPEALED and five new subdivisions 1, 1-a, 2, 3 and 3-a are 54 added to read as follows: 55 1. Notwithstanding any other provision of law to the contrary, and 56 subject to rules and regulations of the office of children and family S. 1506 71 A. 2006 1 services and, where applicable, the division of criminal justice 2 services, the following clearances shall be conducted for entities spec- 3 ified in subdivision two of this section in the time and manner as 4 required by this section: 5 (a) a criminal history record check with the division of criminal 6 justice services; 7 (b) a search of the criminal history repository in each state other 8 than New York where such person resides or resided during the preceding 9 five years, if applicable unless such state's criminal history record 10 information will be provided as part of the results or the clearance 11 conducted pursuant to paragraph (c) of this subdivision; 12 (c) a national criminal record check with the federal bureau of inves- 13 tigation; the division of criminal justice services is directed to 14 submit fingerprints to the federal bureau of investigation for the 15 purpose of a nationwide criminal history record check, pursuant to and 16 consistent with public law 113-186 to determine whether such persons 17 shall have a criminal history in any state or federal jurisdiction; 18 (d) a search of the New York state sex offender registry; 19 (e) a search of any state sex offender registry or repository in each 20 state other than New York where such person resides or resided during 21 the preceding five years, if applicable unless such state's sex offender 22 registry information will be provided as part of the clearance conducted 23 pursuant to paragraph (f) of this subdivision; 24 (f) a search of the national sex offender registry using the national 25 crime and information center, established under the Adam Walsh child 26 protection and safety act of 2006 (42 U.S.C. 16901 et seq.); 27 (g) a database check of the statewide central register of child abuse 28 and maltreatment in accordance with section four hundred twenty-four-a 29 of this article; and 30 (h) a search of a state-based child abuse or neglect repository of any 31 state other than New York where such person resides or resided during 32 the preceding five years; if applicable. 33 1-a. For purposes of this section, and in accordance with federal law, 34 the term "enrolled legally-exempt provider" shall refer to a person who 35 meets the definition of "enrolled legally-exempt provider" as defined in 36 paragraph (g) of subdivision one of section three hundred ninety of this 37 title and who is not an individual who is related to all children for 38 whom child care services are provided. 39 2. In relation to any child day care program and any enrolled legal- 40 ly-exempt provider: 41 (a) the clearances required pursuant to paragraphs (a), (c), (d) and 42 (g) of subdivision one of this section shall be conducted for: 43 (i) every prospective volunteer with the potential for unsupervised 44 contact with children in care; 45 (ii) every applicant to become an enrolled legally-exempt provider; 46 (iii) every prospective caregiver or employee, including directors and 47 operators of such a program; and 48 (iv) where the child care services will be or are provided in a home 49 setting where the child does not reside, any individual age eighteen or 50 older who, for a prospective program, resides, or who, for an existing 51 program, begins residing on the premises where the child care services 52 are provided; 53 (b) notwithstanding any other provision of law to the contrary, prior 54 to October first, two thousand twenty, all clearances listed in subdivi- 55 sion one of this section that have not previously been conducted pursu- 56 ant to paragraph (a) of this subdivision and for which on-going criminal S. 1506 72 A. 2006 1 history results are not already provided, shall be conducted in accord- 2 ance with a schedule developed by the office of children and family 3 services, for all: 4 (i) existing volunteers with the potential for unsupervised contact 5 with children in care; 6 (ii) existing caregivers and employees including directors and opera- 7 tors of any such program; and 8 (iii) where the child care services are provided in a home setting 9 where the child does not reside, any individual age eighteen or older 10 who resides on the premises where the child care services are provided; 11 (c) notwithstanding any other provision of law to the contrary, the 12 clearances required pursuant to this section other than those for which 13 on-going criminal history results are provided, shall be conducted for a 14 person listed in subparagraphs (i), (ii) and (iii) of paragraph (b) of 15 this subdivision at least once every five years in accordance with a 16 schedule developed by the office of children and family services. 17 3. (a) Notwithstanding any other provision of law to the contrary, in 18 relation to the clearances required pursuant this section, an individual 19 or a program shall be deemed ineligible, as such term is defined in 20 paragraph (b) of this subdivision, if such individual: 21 (i) refuses to consent to such clearance; 22 (ii) knowingly makes a materially false statement in connection with 23 such a clearance; 24 (iii) is registered, or is required to be registered, on a state sex 25 offender registry or repository or the national sex offender registry 26 established under the Adam Walsh child protection and safety act of 2006 27 (42 U.S.C. 16901 et seq.); or 28 (iv) has been convicted of a crime enumerated in subparagraph (E) or 29 clauses (i) through (viii) of subparagraph (D) of paragraph (1) of 30 subdivision (C) of 42 U.S.C. 9858f. 31 (b) For purpose of this subdivision, the term "ineligible" shall mean: 32 (i) the individual who engaged in conduct listed in paragraph (a) of 33 this subdivision shall not be permitted to: 34 (1) operate, direct, be the caregiver for, or be employed by a child 35 day care program or an enrolled legally-exempt provider; or 36 (2) be a volunteer with the potential for unsupervised contact with 37 children in a child day care program or with an enrolled legally-exempt 38 provider; or 39 (3) be an enrolled legally-exempt provider; or 40 (ii) in relation to child day care programs or any enrolled legally- 41 exempt providers, where child care is, or is proposed to be provided, to 42 a child in a home setting where such child does not reside, such program 43 or provider shall not be eligible to operate or to be enrolled to serve 44 children receiving child care subsidies pursuant to title five-C of this 45 article, if an individual over the age of eighteen who resides in the 46 household where child care is, or is proposed to be provided, engaged in 47 conduct listed in paragraph (a) of this subdivision. 48 3-a. (a) In relation to child day care programs and any enrolled 49 legally-exempt provider, when a clearance conducted pursuant to this 50 section reveals that any existing operator, director, caregiver, or 51 person over the age of eighteen that resides in a home where child care 52 is provided in a home setting where the child does not reside has been 53 convicted of a crime other than one set forth in subparagraph (iv) of 54 paragraph (a) of subdivision three of this section, the office of chil- 55 dren and family services shall conduct a safety assessment of the 56 program and take all appropriate steps to protect the health and safety S. 1506 73 A. 2006 1 of the children in the program, and may deny, limit, suspend, revoke or 2 reject such program's license or registration or terminate or reject 3 such program's enrollment, as applicable, unless the office of children 4 and family services, determines in its discretion, that continued opera- 5 tion by the child day care program or enrolled legally-exempt provider 6 will not in any way jeopardize the health, safety or welfare of the 7 children cared for in the program or by the provider. 8 (b) In relation to child day care programs and any enrolled legally- 9 exempt provider, when a clearance conducted pursuant to this section 10 reveals that any existing employee or volunteer with the potential for 11 unsupervised contact with children has been convicted of a crime other 12 than one set forth in subparagraph (iv) of paragraph (a) of subdivision 13 three of this section, the office of children of family services shall 14 conduct a safety assessment of the program and take all appropriate 15 steps to protect the health and safety of the children in the program. 16 The office of children of family services may direct the program or 17 provider to terminate the employee or volunteer based on such a 18 conviction, consistent with article twenty-three-A of the correction 19 law. 20 (c) In relation to any child day care programs and any enrolled legal- 21 ly-exempt providers or any applicants to become an enrolled legally-ex- 22 empt provider, where a clearance conducted pursuant to this section 23 reveals a conviction for a crime other than one set forth in subpara- 24 graph (iv) of paragraph (a) of subdivision three of this section, for 25 any prospective employee, volunteer, or applicant seeking enrollment, 26 the office of children and family services may direct that such person 27 not be hired or be enrolled, as applicable, based on such a conviction, 28 consistent with article twenty-three-A of the correction law. 29 (d) (i) Where a clearance conducted pursuant to this section reveals 30 that an applicant to be the operator or director of a child day care 31 program, or anyone who resides in the home over the age of eighteen 32 where child day care is proposed to be provided to children in a home- 33 based setting has been charged with a crime, the office of children and 34 family services shall hold the application in abeyance until the charge 35 is finally resolved. 36 (ii) Where a clearance conducted pursuant to this section reveals that 37 the current operator or director of a child day care program or any 38 person over the age of eighteen that resides in a home where child day 39 care is provided has been charged with a crime, the office of children 40 and family services shall conduct a safety assessment of the program and 41 take all appropriate steps to protect the health and safety of children 42 in the program. The office of children and family services may suspend a 43 license or registration or terminate enrollment based on such a charge 44 when necessary to protect the health and safety of children in the 45 program. 46 (iii) Where a clearance conducted pursuant to this section reveals 47 that an existing caregiver, volunteer or an existing employee of an 48 enrolled legally-exempt provider or any person over the age of eighteen 49 that resides in a home where child care is provided by an enrolled 50 legally-exempt provider in a home setting where the child does not 51 reside, has been charged with a crime, the office of children and family 52 services shall take one or more of the following steps: 53 (A) conduct a safety assessment; or 54 (B) take all appropriate steps to protect the health and safety of 55 children in the program. S. 1506 74 A. 2006 1 (iv) Where a clearance conducted pursuant to this section reveals that 2 an applicant to be an employee or volunteer with the potential for unsu- 3 pervised contact with children of a child day care program has been 4 charged with a crime, the office shall hold the application in abeyance 5 until the charge is finally resolved. 6 (v) Where a clearance conducted pursuant to this section reveals that 7 a current employee, or current volunteer with the potential for unsuper- 8 vised contact with children of a child day care program or enrolled 9 legally-exempt provider has been charged with a crime, the office of 10 children and family services shall conduct a safety assessment of the 11 program and take all appropriate steps to protect the health and safety 12 of the children in the program. 13 § 10. Subdivision 6 of section 390-b of the social services law is 14 REPEALED and a new subdivision 6 is added to read as follows: 15 6. The office of children and family services shall pay any required 16 processing fee for a criminal history or sex offender clearance pursuant 17 to this section. The office of children and family services shall 18 promptly submit fingerprints obtained pursuant to this section and such 19 processing fee to the division of criminal justice services. 20 § 11. Subdivision 7 of section 390-b of the social services law, as 21 added by chapter 416 of the laws of 2000, is amended to read as follows: 22 7. Where the office of children and family services or its designee 23 denies or directs a child day care or an enrolled legally-exempt provid- 24 er to deny an application based on the criminal history record[,]; (a) 25 the provider must notify the applicant that such record is the basis of 26 the denial; and (b) the office of children and family services shall 27 also notify as the case may be, such current or prospective operator, 28 director, employee, assistant, legally exempt provider, volunteer with 29 the potential for unsupervised contact with children or other person 30 eighteen years of age or older, who resides in the home where care is 31 provided, other than the child's home, that the criminal record check 32 was the basis for the denial of clearance and shall provide such indi- 33 vidual with a copy of the results of the national criminal record check 34 upon which such denial was based together with a written statement 35 setting forth the reasons for such denial, as well as a copy of article 36 twenty-three-A of the correction law and inform such individual of his 37 or her right to seek correction of any incorrect information contained 38 in such national record check provided by the federal bureau of investi- 39 gation. 40 § 12. Subdivisions 9 and 10 of section 390-b of the social services 41 law, as added by chapter 416 of the laws of 2000, are amended and a new 42 subdivision 11 is added to read as follows: 43 9. (a) Any criminal history record provided by the division of crimi- 44 nal justice services, and any summary of the criminal history record 45 provided by the office of children and family services to a [child day 46 care provider] person that receives a clearance pursuant to this 47 section, is confidential and shall not be available for public 48 inspection; provided, however, nothing herein shall prevent [a child day 49 care provider or] the office of children and family services from 50 disclosing criminal history information or the individual from disclos- 51 ing his or her criminal history information at any administrative or 52 judicial proceeding relating to the denial or revocation of an applica- 53 tion, employment, license or registration. The subject of a criminal 54 history review conducted pursuant to this section shall be entitled to 55 receive, upon written request, a copy of the summary of the criminal 56 history record [provided by the office of children and family services S. 1506 75 A. 2006 1 to the child day care provider]. Unauthorized disclosure of such 2 records or reports shall be subject [the provider] to civil penalties in 3 accordance with the provisions of subdivision eleven of section three 4 hundred ninety of this title. 5 (b) The office of children and family services shall not release the 6 content of the results of the nationwide criminal history record check 7 conducted by the federal bureau of investigation in accordance with this 8 subdivision to any non-public entity. 9 10. A child day care or enrolled legally-exempt provider shall advise 10 the office of children and family services when an individual who is 11 subject to criminal history record review in accordance with subdivision 12 one or two of this section is no longer subject to such review. The 13 office of children and family services shall inform the division of 14 criminal justice services when an individual who is subject to criminal 15 history review is no longer subject to such review so that the division 16 of criminal justice services may terminate its retain processing with 17 regard to such person. At least once a year, the office of children and 18 family services will be required to conduct a validation of the records 19 maintained by the division of criminal justice services. 20 11. Child day care centers which are not subject to the provisions of 21 section three hundred ninety of this title shall not be subject to the 22 provisions of this section, provided however, that the city of New York 23 shall require that such child day care centers meet the requirements of 24 any federal laws and regulations pertaining to the child care develop- 25 ment and block grant and the related federally approved plans of the 26 state of New York. 27 § 13. Subparagraph (z) of paragraph (A) of subdivision 4 of section 28 422 of the social services law, as amended by section 11 of part L of 29 chapter 56 of the laws of 2015, is amended to read as follows: 30 (z) an entity with appropriate legal authority in another state to 31 license, certify or otherwise approve prospective foster parents, 32 prospective adoptive parents, prospective relative guardians [or], 33 prospective successor guardians or child care program where disclosure 34 of information regarding such prospective foster or prospective adoptive 35 parents or prospective relative or prospective successor guardians and 36 other persons over the age of eighteen residing in the home of such 37 persons [is] or where child care is provided, as required under either 38 title IV-E of the federal social security act or the federal child care 39 and development block grant act (section nine thousand eight hundred 40 fifty-eight, et seq. of title forty-two of the United States Code); and 41 § 14. Paragraph (a) of subdivision 1 of section 424-a of the social 42 services law, as amended by section 12 of part L of chapter 56 of the 43 laws of 2015, is amended to read as follows: 44 (a) A licensing agency shall inquire of the [department] office of 45 children and family services and the [department] office shall, subject 46 to the provisions of paragraph (e) of this subdivision, inform such 47 agency and the subject of the inquiry whether an applicant for a certif- 48 icate, license, enrollment or permit, [assistants to group] or to become 49 an employee or volunteer with the potential for unsupervised contact 50 with children in care of a family day care [providers] provider or an 51 enrolled legally-exempt provider as such term is defined in subdivision 52 one-a of section three hundred ninety-b of this article the director of 53 a camp subject to the provisions of article thirteen-B of the public 54 health law, a prospective successor guardian when a clearance is 55 conducted pursuant to paragraph (d) of subdivision two of section four 56 hundred fifty-eight-b of this article, and any person over the age of S. 1506 76 A. 2006 1 eighteen who resides in the home of a person who has applied to become 2 an adoptive parent or a foster parent or to operate a family day care 3 home or group family day care home or any person over the age of eigh- 4 teen residing in the home of a prospective successor guardian when a 5 clearance is conducted of a prospective successor guardian pursuant to 6 this paragraph, or any person age eighteen or older that resides on the 7 premises of where child care is provided in a setting that is not the 8 child's own home by an enrolled legally-exempt provider as such term is 9 defined in subdivision one-a of section three hundred ninety-b of this 10 article has been or is currently the subject of an indicated child abuse 11 and maltreatment report on file with the statewide central register of 12 child abuse and maltreatment. 13 § 15. Subdivision 4 of section 424-a of the social services law, as 14 amended by section 14 of part L of chapter 56 of the laws of 2015, is 15 amended to read as follows: 16 4. For purposes of this section, the term "licensing agency" shall 17 mean an authorized agency which has received an application to become an 18 adoptive parent or an authorized agency which has received an applica- 19 tion for a certificate or license to receive, board or keep any child 20 pursuant to the provisions of section three hundred seventy-six or three 21 hundred seventy-seven of this article or an authorized agency which has 22 received an application from a relative within the second degree or 23 third degree of consanguinity of the parent of a child or a relative 24 within the second degree or third degree of consanguinity of the step- 25 parent of a child or children, or the child's legal guardian for 26 approval to receive, board or keep such child, or an authorized agency 27 that conducts a clearance pursuant to paragraph (d) of subdivision two 28 of section four hundred fifty-eight-b of this article, or a state or 29 local governmental agency which receives an application to provide child 30 day care services in a child day care center, school-age child care 31 program, family day care home or group family day care home or enrolled 32 legally-exempt provider as such term is defined in subdivision one-a of 33 section three hundred ninety-b of this article pursuant to the 34 provisions of section three hundred ninety of this article, or the 35 department of health and mental hygiene of the city of New York, when 36 such department receives an application for a certificate of approval to 37 provide child day care services in a child day care center pursuant to 38 the provisions of the health code of the city of New York, or the office 39 of mental health or the office for people with developmental disabili- 40 ties when such office receives an application for an operating certif- 41 icate pursuant to the provisions of the mental hygiene law to operate a 42 family care home, or a state or local governmental official who receives 43 an application for a permit to operate a camp which is subject to the 44 provisions of article thirteen-B of the public health law or the office 45 of children and family services which has received an application for a 46 certificate to receive, board or keep any child at a foster family home 47 pursuant to articles nineteen-G and nineteen-H of the executive law or 48 any other facility or provider agency, as defined in subdivision four of 49 section four hundred eighty-eight of this chapter, in regard to any 50 licensing or certification function carried out by such facility or 51 agency. 52 § 16. Severability. If any clause, sentence, paragraph, subdivision, 53 section or part contained in any part of this act shall be adjudged by 54 any court of competent jurisdiction to be invalid, such judgment shall 55 not affect, impair, or invalidate the remained thereof, but shall by 56 confined in its operation to the clause, sentence, paragraph, subdivi- S. 1506 77 A. 2006 1 sion, section or part contained in any part thereof directly involved in 2 the controversy in which such judgment shall have been rendered. It is 3 hereby declared to be the intent of the legislature that this act would 4 have been enacted even if such invalid provisions had not be included 5 herein. 6 § 17. This act shall take effect immediately; provided, however that 7 sections one, two, eight, nine, ten, eleven, twelve, thirteen, fourteen 8 and fifteen of this act shall take effect September 1, 2019; and 9 provided, further that sections three, four, five and six of this act 10 shall take effect September 30, 2019; and provided, further, that the 11 office of children and family services is authorized to promulgate any 12 rules or regulations necessary for the implementation of this act on its 13 effective date. 14 PART I 15 Section 1. Subdivision 1 of section 378-a of the social services law, 16 as amended by chapter 83 of the laws of 2013, is amended to read as 17 follows: 18 1. (a) Every authorized agency which operates a residential program 19 for children licensed or certified by the office of children and family 20 services, and the office of children and family services in relation to 21 any juvenile justice program it operates, shall request that the justice 22 center for the protection of people with special needs check, and upon 23 such request, such justice center shall request and shall be authorized 24 to receive from the division of criminal justice services and the feder- 25 al bureau of investigation criminal history information, as such phrase 26 is defined in paragraph (c) of subdivision one of section eight hundred 27 forty-five-b of the executive law concerning each prospective operator, 28 employee or volunteer of such a residential program who will have regu- 29 lar and substantial unsupervised or unrestricted physical contact with 30 children in such program. 31 (b) Every authorized agency that operates a residential program for 32 foster children that is licensed or certified by the office of children 33 and family services shall request that the justice center for the 34 protection of people with special needs check, and upon such request, 35 such justice center shall request and shall be authorized to receive 36 from the division of criminal justice services and the federal bureau of 37 investigation criminal history information, as such phrase is defined in 38 paragraph (c) of subdivision one of the section eight hundred forty- 39 five-b of the executive law, for every: 40 (i) prospective employee of such program that is not already required 41 to be cleared pursuant to paragraph (a) of this subdivision; and 42 (ii) notwithstanding any other provision of law to the contrary, prior 43 to April first, two thousand twenty and in accordance with a schedule 44 developed by the office of children and family services, any person who 45 is employed in a residential foster care program that has not previously 46 had a clearance conducted pursuant to this section in connection to such 47 employment. 48 (c) For the purposes of this section, "operator" shall include any 49 natural person with an ownership interest in the authorized agency. 50 (d) Access to and the use of [such] information obtained pursuant to 51 this subdivision shall be governed by the provisions of section eight 52 hundred forty-five-b of the executive law. S. 1506 78 A. 2006 1 § 2. Paragraph A of subdivision 4 of section 422 of the social 2 services law, is amended by adding a new subparagraph (bb) to read as 3 follows: 4 (bb) an entity with appropriate legal authority in another state to 5 license, certify or otherwise approve residential programs for foster 6 children where disclosure of information regarding any prospective or 7 current employee of such program is required by paragraph twenty of 8 subdivision (a) of section six hundred seventy-one of title forty-two of 9 the United States code. 10 § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 11 424-a of the social services law, as amended by section 8-a of part D of 12 chapter 501 of the laws of 2012, is amended to read as follows: 13 (i) (A) Subject to the provisions of subdivision seven of this 14 section, a provider agency shall inquire of the office and the office 15 shall, subject to the provisions of paragraph (e) of this subdivision, 16 inform such agency and the subject of the inquiry whether any person who 17 is actively being considered for employment and who will have the poten- 18 tial for regular and substantial contact with individuals who are cared 19 for by the agency, is the subject of an indicated child abuse and 20 maltreatment report on file with the statewide central register of child 21 abuse and maltreatment prior to permitting such person to have unsuper- 22 vised contact with such individuals. Such agency may inquire of the 23 office and the office shall inform such agency and the subject of the 24 inquiry whether any person who is currently employed and who has the 25 potential for regular and substantial contact with individuals who are 26 cared for by such agency is the subject of an indicated child abuse and 27 maltreatment report on file with the statewide central register of child 28 abuse and maltreatment. A provider agency shall also inquire of the 29 office and the office shall inform such agency and the subject of the 30 inquiry whether any person who is employed by an individual, corpo- 31 ration, partnership or association which provides goods or services to 32 such agency who has the potential for regular and substantial contact 33 with individuals who are cared for by the agency, is the subject of an 34 indicated child abuse and maltreatment report on file with the statewide 35 central register of child abuse and maltreatment prior to permitting 36 such person to have unsupervised contact with such individuals. 37 Inquiries made to the office pursuant to this subparagraph by a provider 38 agency on current employees shall be made no more often than once in any 39 six month period. 40 (B) Notwithstanding clause (A) of this subparagraph, where the provid- 41 er agency is an authorized agency that operates a residential program 42 for foster children that is licensed or certified by the office of chil- 43 dren and family services such agency shall inquire of the office and the 44 office shall, subject to the provisions of paragraph (e) of this subdi- 45 vision, inform such agency and the subject of the inquiry whether: 46 (I) any person who is actively being considered for employment in such 47 program who is not already required to be cleared pursuant to clause (A) 48 of this subparagraph is the subject of an indicated child abuse and 49 maltreatment report on file with the statewide central register of child 50 abuse and maltreatment; and 51 (II) Notwithstanding any other provision of law to the contrary, prior 52 to April first, two thousand twenty and in accordance with a schedule 53 developed by the office of children and family services, whether any 54 person who is employed in a residential foster care program that has not 55 previously had a clearance conducted pursuant to this subparagraph in 56 connection to such employment is the subject of an indicated child abuse S. 1506 79 A. 2006 1 and maltreatment report on file with the statewide central register of 2 child abuse and maltreatment. 3 § 4. This act shall take effect July 1, 2019. 4 PART J 5 Section 1. The section heading and the opening paragraph of subdivi- 6 sion 1 of section 131-u of the social services law, as amended by chap- 7 ter 169 of the laws of 1994, is amended to read as follows: 8 Domestic violence services [to eligible persons]. 9 Notwithstanding any inconsistent provision of law, a social services 10 district shall, in accordance with the provisions of this section and 11 regulations of the department, offer and provide emergency shelter and 12 services at a residential program for victims of domestic violence, as 13 defined in article six-A of this chapter, to the extent that such shel- 14 ter and services are necessary and available to a victim of domestic 15 violence, as defined in article six-A of this chapter, and in need of 16 emergency shelter and services, who was residing in the social services 17 district at the time of the alleged domestic violence [and who:]. 18 § 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u of the 19 social services law are REPEALED. 20 § 3. Subdivision 2 of section 131-u of the social services law, as 21 amended by chapter 169 of the laws of 1994, is amended to read as 22 follows: 23 2. The department [shall] may annually establish, subject to the 24 approval of the director of the budget, a daily rate of reimbursement 25 for each residential program for victims of domestic violence, as 26 defined in article six-A of this chapter, certified by the department 27 which provides emergency shelter and services to persons eligible for 28 such emergency shelter and services pursuant to this section. A social 29 services district financially responsible for a victim of domestic 30 violence shall reimburse a residential program for victims of domestic 31 violence for the costs of emergency shelter and services provided to 32 such victim at the daily reimbursement rate established by the depart- 33 ment reduced by [the sum of all fees which such victim is able to pay 34 toward the costs of such shelter and services as determined in accord- 35 ance with the public assistance budgeting rules set forth in the regu- 36 lations of the department and by] any [third party] other reimbursement 37 available for such costs. 38 § 4. Section 459-f of the social services law, as amended by chapter 39 169 of the laws of 1994, is amended to read as follows: 40 § 459-f. [Fees] Payment for services. [Any program defined in subdivi- 41 sion four of section four hundred fifty-nine-a of this article may 42 charge a service fee to a victim of domestic violence who is able to pay 43 all or part of the costs of the emergency shelter and services provided 44 to the victim.] Payments by a social services district to a residential 45 program for victims of domestic violence for the costs of emergency 46 shelter and services provided to a victim of domestic violence at the 47 daily reimbursement rate determined by the department in accordance with 48 section one hundred thirty-one-u of this chapter shall be reduced by the 49 sum of [all fees which such victim is able to pay toward the costs of 50 such shelter and services as determined in accordance with the public 51 assistance budgeting rules set forth in the regulations of the depart- 52 ment and by] any [third party] other reimbursement available for such 53 costs. 54 § 5. This act shall take effect April 1, 2019. S. 1506 80 A. 2006 1 PART K 2 Section 1. Section 712 of the family court act, as amended by chapter 3 920 of the laws of 1982, subdivision (a) as amended by section 7 of part 4 G of chapter 58 of the laws of 2010, subdivision (b) as amended by chap- 5 ter 465 of the laws of 1992, subdivision (g) as amended by section 2 of 6 part B of chapter 3 of the laws of 2005, subdivision (h) as added by 7 chapter 7 of the laws of 1999, subdivision (i) as amended and subdivi- 8 sions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, 9 is amended to read as follows: 10 § 712. Definitions. As used in this article, the following terms shall 11 have the following meanings: 12 (a) "Person in need of supervision". A person less than eighteen years 13 of age who does not attend school in accordance with the provisions of 14 part one of article sixty-five of the education law or who is incorrigi- 15 ble, ungovernable or habitually disobedient and beyond the lawful 16 control of a parent or other person legally responsible for such child's 17 care, or other lawful authority, or who violates the provisions of 18 section 221.05 or 230.00 of the penal law, or who appears to be a sexu- 19 ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- 20 sion one of section four hundred forty-seven-a of the social services 21 law, but only if the child consents to the filing of a petition under 22 this article. 23 (b) ["Detention". The temporary care and maintenance of children away 24 from their own homes as defined in section five hundred two of the exec- 25 utive law. 26 (c) "Secure detention facility". A facility characterized by phys- 27 ically restricting construction, hardware and procedures. 28 (d) "Non-secure detention facility". A facility characterized by the 29 absence of physically restricting construction, hardware and procedures. 30 (e)] "Fact-finding hearing". A hearing to determine whether the 31 respondent did the acts alleged to show that he or she violated a law or 32 is incorrigible, ungovernable or habitually disobedient and beyond the 33 control of his or her parents, guardian or legal custodian. 34 [(f)] (c) "Dispositional hearing". A hearing to determine whether the 35 respondent requires supervision or treatment. 36 [(g)] (d) "Aggravated circumstances". Aggravated circumstances shall 37 have the same meaning as the definition of such term in subdivision (j) 38 of section one thousand twelve of this act. 39 [(h)] (e) "Permanency hearing". A hearing held in accordance with 40 paragraph (b) of subdivision two of section seven hundred fifty-four or 41 section seven hundred fifty-six-a of this article for the purpose of 42 reviewing the foster care status of the respondent and the appropriate- 43 ness of the permanency plan developed by the social services official on 44 behalf of such respondent. 45 [(i)] (f) "Diversion services". Services provided to children and 46 families pursuant to section seven hundred thirty-five of this article 47 for the purpose of avoiding the need to file a petition [or direct the 48 detention of the child]. Diversion services shall include: efforts to 49 adjust cases pursuant to this article before a petition is filed, or by 50 order of the court, after the petition is filed but before fact-finding 51 is commenced; and preventive services provided in accordance with 52 section four hundred nine-a of the social services law to avert the 53 placement of the child [into foster care], including crisis intervention 54 and respite services. Diversion services may also include, in cases 55 where any person is seeking to file a petition that alleges that the S. 1506 81 A. 2006 1 child has a substance use disorder or is in need of immediate detoxifi- 2 cation or substance use disorder services, an assessment for substance 3 use disorder; provided, however, that notwithstanding any other 4 provision of law to the contrary, the designated lead agency shall not 5 be required to pay for all or any portion of the costs of such assess- 6 ment or substance use disorder or detoxification services, except in 7 cases where medical assistance for needy persons may be used to pay for 8 all or any portion of the costs of such assessment or services. 9 [(j)] (g) "Substance use disorder". The misuse of, dependence on, or 10 addiction to alcohol and/or legal or illegal drugs leading to effects 11 that are detrimental to the person's physical and mental health or the 12 welfare of others. 13 [(k)] (h) "Assessment for substance use disorder". Assessment by a 14 provider that has been certified by the office of alcoholism and 15 substance abuse services of a person less than eighteen years of age 16 where it is alleged that the youth is suffering from a substance use 17 disorder which could make a youth a danger to himself or herself or 18 others. 19 [(l)] (i) "A substance use disorder which could make a youth a danger 20 to himself or herself or others". A substance use disorder that is 21 accompanied by the dependence on, or the repeated use or abuse of, drugs 22 or alcohol to the point of intoxication such that the person is in need 23 of immediate detoxification or other substance use disorder services. 24 [(m)] (j) "Substance use disorder services". Substance use disorder 25 services shall have the same meaning as provided for in section 1.03 of 26 the mental hygiene law. 27 § 2. The part heading of part 2 of article 7 of the family court act 28 is amended to read as follows: 29 CUSTODY [AND DETENTION] 30 § 3. Section 720 of the family court act, as amended by chapter 419 of 31 the laws of 1987, subdivision 3 as amended by section 9 of subpart B of 32 part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by 33 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) 34 of subdivision 5 as added by section 8 of part G of chapter 58 of the 35 laws of 2010, is amended to read as follows: 36 § 720. Detention precluded. [1.] The detention of a child shall not be 37 directed under any of the provisions of this article, except as other- 38 wise authorized by the interstate compact on juveniles. No child to whom 39 the provisions of this article may apply, shall be detained in any pris- 40 on, jail, lockup, or other place used for adults convicted of crime or 41 under arrest and charged with a crime. 42 [2. The detention of a child in a secure detention facility shall not 43 be directed under any of the provisions of this article. 44 3. Detention of a person alleged to be or adjudicated as a person in 45 need of supervision shall, except as provided in subdivision four of 46 this section, be authorized only in a foster care program certified by 47 the office of children and family services, or a certified or approved 48 family boarding home, or a non-secure detention facility certified by 49 the office and in accordance with section seven hundred thirty-nine of 50 this article. The setting of the detention shall take into account (a) 51 the proximity to the community in which the person alleged to be or 52 adjudicated as a person in need of supervision lives with such person's 53 parents or to which such person will be discharged, and (b) the existing 54 educational setting of such person and the proximity of such setting to 55 the location of the detention setting. S. 1506 82 A. 2006 1 4. Whenever detention is authorized and ordered pursuant to this arti- 2 cle, for a person alleged to be or adjudicated as a person in need of 3 supervision, a family court in a city having a population of one million 4 or more shall, notwithstanding any other provision of law, direct 5 detention in a foster care facility established and maintained pursuant 6 to the social services law. In all other respects, the detention of such 7 a person in a foster care facility shall be subject to the identical 8 terms and conditions for detention as are set forth in this article and 9 in section two hundred thirty-five of this act. 10 5. (a) The court shall not order or direct detention under this arti- 11 cle, unless the court determines that there is no substantial likelihood 12 that the youth and his or her family will continue to benefit from 13 diversion services and that all available alternatives to detention have 14 been exhausted; and 15 (b) Where the youth is sixteen years of age or older, the court shall 16 not order or direct detention under this article, unless the court 17 determines and states in its order that special circumstances exist to 18 warrant such detention. 19 (c) If the respondent may be a sexually exploited child as defined in 20 subdivision one of section four hundred forty-seven-a of the social 21 services law, the court may direct the respondent to an available short- 22 term safe house as defined in subdivision two of section four hundred 23 forty-seven-a of the social services law as an alternative to 24 detention.] 25 § 4. Section 727 of the family court act is REPEALED. 26 § 5. The section heading and subdivisions (c) and (d) of section 728 27 of the family court act, subdivision (d) as added by chapter 145 of the 28 laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision 29 (d) as renumbered by section 5 of part E of chapter 57 of the laws of 30 2005, and paragraph (iii) as amended and paragraph (iv) of subdivision 31 (d) as added by section 10 of subpart B of part Q of chapter 58 of the 32 laws of 2011, are amended to read as follows: 33 Discharge[,] or release [or detention] by judge after hearing and 34 before filing of petition in custody cases. 35 (c) An order of release under this section may, but need not, be 36 conditioned upon the giving of a recognizance in accord with [sections 37 seven hundred twenty-four (b)] paragraph (i) of subdivision (b) of 38 section seven hundred twenty-four of this article. 39 [(d) Upon a finding of facts and reasons which support a detention 40 order pursuant to this section, the court shall also determine and state 41 in any order directing detention: 42 (i) that there is no substantial likelihood that the youth and his or 43 her family will continue to benefit from diversion services and that all 44 available alternatives to detention have been exhausted; and 45 (ii) whether continuation of the child in the child's home would be 46 contrary to the best interests of the child based upon, and limited to, 47 the facts and circumstances available to the court at the time of the 48 hearing held in accordance with this section; and 49 (iii) where appropriate, whether reasonable efforts were made prior to 50 the date of the court hearing that resulted in the detention order, to 51 prevent or eliminate the need for removal of the child from his or her 52 home or, if the child had been removed from his or her home prior to the 53 court appearance pursuant to this section, where appropriate, whether 54 reasonable efforts were made to make it possible for the child to safely 55 return home; and S. 1506 83 A. 2006 1 (iv) whether the setting of the detention takes into account the prox- 2 imity to the community in which the person alleged to be or adjudicated 3 as a person in need of supervision lives with such person's parents or 4 to which such person will be discharged, and the existing educational 5 setting of such person and the proximity of such setting to the location 6 of the detention setting.] 7 § 6. Section 729 of the family court act is REPEALED. 8 § 7. Subdivisions (b), paragraph (i) of subdivision (d) and subdivi- 9 sion (f) of section 735 of the family court act, subdivision (b) as 10 amended by chapter 38 of the laws of 2014, paragraph (i) of subdivision 11 (d) as amended by chapter 535 of the laws of 2011 and subdivision (f) as 12 added by section 7 of part E of chapter 57 of the laws of 2005, are 13 amended to read as follows: 14 (b) The designated lead agency shall: 15 (i) confer with any person seeking to file a petition, the youth who 16 may be a potential respondent, his or her family, and other interested 17 persons, concerning the provision of diversion services before any peti- 18 tion may be filed; and 19 (ii) diligently attempt to prevent the filing of a petition under this 20 article or, after the petition is filed, to prevent the placement of the 21 youth into foster care; and 22 (iii) assess whether the youth would benefit from residential respite 23 services; and 24 (iv) assess whether the youth is a sexually exploited child as defined 25 in section four hundred forty-seven-a of the social services law and, if 26 so, whether such youth should be referred to a safe house; and 27 (v) determine whether alternatives to detention are appropriate to 28 avoid remand of the youth to detention; and 29 [(v)] (vi) determine whether an assessment of the youth for substance 30 use disorder by an office of alcoholism and substance abuse services 31 certified provider is necessary when a person seeking to file a petition 32 alleges in such petition that the youth is suffering from a substance 33 use disorder which could make the youth a danger to himself or herself 34 or others. Provided, however, that notwithstanding any other provision 35 of law to the contrary, the designated lead agency shall not be required 36 to pay for all or any portion of the costs of such assessment or for any 37 substance use disorder or detoxification services, except in cases where 38 medical assistance for needy persons may be used to pay for all or any 39 portion of the costs of such assessment or services. The office of alco- 40 holism and substance abuse services shall make a list of its certified 41 providers available to the designated lead agency. 42 (i) providing, at the first contact, information on the availability 43 of or a referral to services in the geographic area where the youth and 44 his or her family are located that may be of benefit in avoiding the 45 need to file a petition under this article; including the availability, 46 for up to twenty-one days, of a residential respite program, if the 47 youth and his or her parent or other person legally responsible for his 48 or her care agree, and the availability of other non-residential crisis 49 intervention programs such as family crisis counseling or alternative 50 dispute resolution programs or an educational program as defined in 51 section four hundred fifty-eight-l of the social services law. 52 (f) Efforts to prevent the filing of a petition pursuant to this 53 section may extend until the designated lead agency determines that 54 there is no substantial likelihood that the youth and his or her family 55 will benefit from further attempts. Efforts at diversion pursuant to 56 this section may continue after the filing of a petition where the S. 1506 84 A. 2006 1 designated lead agency determines that the youth and his or her family 2 will benefit from further attempts to prevent placement of the youth 3 [from entering foster care] in accordance with section seven hundred 4 fifty-six of this article. 5 § 8. Section 739 of the family court act, as amended by chapter 920 of 6 the laws of 1982, subdivision (a) as amended by section 10 of part G of 7 chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 8 of the laws of 2000, is amended to read as follows: 9 § 739. Release or [detention] referral after filing of petition and 10 prior to order of disposition. [(a)] After the filing of a petition 11 under section seven hundred thirty-two of this part, the court in its 12 discretion may release the respondent [or direct his or her detention]. 13 If the respondent may be a sexually exploited child as defined in subdi- 14 vision one of section four hundred forty-seven-a of the social services 15 law, the court may direct the respondent to an available short-term safe 16 house [as an alternative to detention. However, the court shall not 17 direct detention unless it finds and states the facts and reasons for so 18 finding that unless the respondent is detained there is a substantial 19 probability that the respondent will not appear in court on the return 20 date and all available alternatives to detention have been exhausted. 21 (b) Unless the respondent waives a determination that probable cause 22 exists to believe that he is a person in need of supervision, no 23 detention under this section may last more than three days (i) unless 24 the court finds, pursuant to the evidentiary standards applicable to a 25 hearing on a felony complaint in a criminal court, that such probable 26 cause exists, or (ii) unless special circumstances exist, in which cases 27 such detention may be extended not more than an additional three days 28 exclusive of Saturdays, Sundays and public holidays. 29 (c) Upon a finding of facts and reasons which support a detention 30 order pursuant to subdivision (a) of this section, the court shall also 31 determine and state in any order directing detention: 32 (i) whether continuation of the respondent in the respondent's home 33 would be contrary to the best interests of the respondent based upon, 34 and limited to, the facts and circumstance available to the court at the 35 time of the court's determination in accordance with this section; and 36 (ii) where appropriate, whether reasonable efforts were made prior to 37 the date of the court order directing detention in accordance with this 38 section, to prevent or eliminate the need for removal of the respondent 39 from his or her home or, if the respondent had been removed from his or 40 her home prior to the court appearance pursuant to this section, where 41 appropriate, whether reasonable efforts were made to make it possible 42 for the respondent to safely return home]. 43 § 9. Section 741-a of the family court act, as amended by section 3 of 44 part B of chapter 327 of the laws of 2007, is amended to read as 45 follows: 46 § 741-a. Notice and right to be heard. The foster parent caring for 47 [the child] a sexually exploited child placed in accordance with section 48 seven hundred fifty-six of this article or any pre-adoptive parent or 49 relative providing care for the respondent shall be provided with notice 50 of any permanency hearing held pursuant to this article by the social 51 services official. Such foster parent, pre-adoptive parent or relative 52 shall have the right to be heard at any such hearing; provided, however, 53 no such foster parent, pre-adoptive parent or relative shall be 54 construed to be a party to the hearing solely on the basis of such 55 notice and right to be heard. The failure of the foster parent, pre-a- 56 doptive parent, or relative caring for the child to appear at a perman- S. 1506 85 A. 2006 1 ency hearing shall constitute a waiver of the right to be heard and such 2 failure to appear shall not cause a delay of the permanency hearing nor 3 shall such failure to appear be a ground for the invalidation of any 4 order issued by the court pursuant to this section. 5 § 10. Section 747 of the family court act is REPEALED. 6 § 11. Section 748 of the family court act is REPEALED. 7 § 12. Subdivision (b) of section 749 of the family court act, as 8 amended by chapter 806 of the laws of 1973, is amended to read as 9 follows: 10 (b) On its own motion, the court may adjourn the proceedings on 11 conclusion of a fact-finding hearing or during a dispositional hearing 12 to enable it to make inquiry into the surroundings, conditions and 13 capacities of the respondent. An [adjournment on the court's motion may 14 not be for a period of more than ten days if the respondent is detained, 15 in which case not more than a total of two such adjournments may be 16 granted in the absence of special circumstances. If the respondent is 17 not detained, an] adjournment may be for a reasonable time, but the 18 total number of adjourned days may not exceed two months. 19 § 13. Paragraph (a) of subdivision 2 of section 754 of the family 20 court act, as amended by chapter 7 of the laws of 1999, subparagraph 21 (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 22 of the laws of 2015, is amended to read as follows: 23 (a) The order shall state the court's reasons for the particular 24 disposition. If the court places the child in accordance with section 25 seven hundred fifty-six of this part, the court in its order shall 26 determine: (i) whether continuation in the child's home would be contra- 27 ry to the best interest of the child and where appropriate, that reason- 28 able efforts were made prior to the date of the dispositional hearing 29 held pursuant to this article to prevent or eliminate the need for 30 removal of the child from his or her home and, if the child was removed 31 from his or her home prior to the date of such hearing, that such 32 removal was in the child's best interest and, where appropriate, reason- 33 able efforts were made to make it possible for the child to return safe- 34 ly home. If the court determines that reasonable efforts to prevent or 35 eliminate the need for removal of the child from the home were not made 36 but that the lack of such efforts was appropriate under the circum- 37 stances, the court order shall include such a finding; and (ii) in the 38 case of a child who has attained the age of fourteen, the services need- 39 ed, if any, to assist the child to make the transition from foster care 40 to independent living. [Nothing in this subdivision shall be construed 41 to modify the standards for directing detention set forth in section 42 seven hundred thirty-nine of this article.] 43 § 14. Section 756 of the family court act, as amended by chapter 920 44 of the laws of 1982, paragraph (i) of subdivision (a) as amended by 45 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) 46 of subdivision (a) as amended by section 11 of part G of chapter 58 of 47 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 48 1999, and subdivision (c) as amended by section 10 of part E of chapter 49 57 of the laws of 2005, is amended to read as follows: 50 § 756. Placement. (a) (i) For purposes of section seven hundred 51 fifty-four of this part, the court may place the child in its own home 52 or in the custody of a suitable relative or other suitable private 53 person [or a commissioner of social services], subject to the orders of 54 the court. 55 (ii) [Where the child is placed] If the court finds that the respond- 56 ent is a sexually exploited child as defined in subdivision one of S. 1506 86 A. 2006 1 section four hundred forty-seven-a of the social services law, the court 2 may place the child with the commissioner of the local social services 3 district[, the court] and may direct the commissioner to place the child 4 with an authorized agency or class of authorized agencies, including[, 5 if the court finds that the respondent is a sexually exploited child as 6 defined in subdivision one of section four hundred forty-seven-a of the 7 social services law,] an available long-term safe house. Unless the 8 dispositional order provides otherwise, the court so directing shall 9 include one of the following alternatives to apply in the event that the 10 commissioner is unable to so place the child: 11 (1) the commissioner shall apply to the court for an order to stay, 12 modify, set aside, or vacate such directive pursuant to the provisions 13 of section seven hundred sixty-two or seven hundred sixty-three of this 14 part; or 15 (2) the commissioner shall return the child to the family court for a 16 new dispositional hearing and order. 17 (b) Placements under this section may be for an initial period of 18 twelve months. The court may extend a placement pursuant to section 19 seven hundred fifty-six-a. In its discretion, the court may recommend 20 restitution or require services for public good pursuant to section 21 seven hundred fifty-eight-a of this part in conjunction with an order of 22 placement. For the purposes of calculating the initial period of place- 23 ment, such placement shall be deemed to have commenced sixty days after 24 the date the child was removed from his or her home in accordance with 25 the provisions of this article. [If the respondent has been in detention 26 pending disposition, the initial period of placement ordered under this 27 section shall be credited with and diminished by the amount of time 28 spent by the respondent in detention prior to the commencement of the 29 placement unless the court finds that all or part of such credit would 30 not serve the best interests of the respondent. 31 (c) A placement pursuant to this section with the commissioner of 32 social services shall not be directed in any detention facility, but the 33 court may direct detention pending transfer to a placement authorized 34 and ordered under this section for no more than than fifteen days after 35 such order of placement is made. Such direction shall be subject to 36 extension pursuant to subdivision three of section three hundred nine- 37 ty-eight of the social services law, upon written documentation to the 38 office of children and family services that the youth is in need of 39 specialized treatment or placement and the diligent efforts by the 40 commissioner of social services to locate an appropriate placement.] 41 § 15. Section 758-a of the family court act, as amended by chapter 73 42 of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws 43 of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the 44 laws of 2007, subdivision 2 as amended by chapter 309 of the laws of 45 1996, and subdivision 3 as separately amended by chapter 568 of the laws 46 of 1979, is amended to read as follows: 47 § 758-a. Restitution. 1. In cases involving acts of [infants] children 48 over [ten] twelve and less than [sixteen] eighteen years of age, the 49 court may 50 (a) recommend as a condition of placement, or order as a condition of 51 probation or suspended judgment, restitution in an amount representing a 52 fair and reasonable cost to replace the property or repair the damage 53 caused by the [infant] child, not, however, to exceed one thousand 54 dollars. [In the case of a placement, the court may recommend that the 55 infant pay out of his or her own funds or earnings the amount of 56 replacement or damage, either in a lump sum or in periodic payments in S. 1506 87 A. 2006 1 amounts set by the agency with which he is placed, and in the case of 2 probation or suspended judgment, the] The court may require that the 3 [infant] child pay out of his or her own funds or earnings the amount of 4 replacement or damage, either in a lump sum or in periodic payments in 5 amounts set by the court; and/or 6 (b) order as a condition of placement, probation, or suspended judg- 7 ment, services for the public good including in the case of a crime 8 involving willful, malicious, or unlawful damage or destruction to real 9 or personal property maintained as a cemetery plot, grave, burial place, 10 or other place of interment of human remains, services for the mainte- 11 nance and repair thereof, taking into consideration the age and physical 12 condition of the [infant] child. 13 2. [If the court recommends restitution or requires services for the 14 public good in conjunction with an order of placement pursuant to 15 section seven hundred fifty-six, the placement shall be made only to an 16 authorized agency which has adopted rules and regulations for the super- 17 vision of such a program, which rules and regulations shall be subject 18 to the approval of the state department of social services. Such rules 19 and regulations shall include, but not be limited to provisions (i) 20 assuring that the conditions of work, including wages, meet the stand- 21 ards therefor prescribed pursuant to the labor law; (ii) affording 22 coverage to the child under the workers' compensation law as an employee 23 of such agency, department or institution; (iii) assuring that the enti- 24 ty receiving such services shall not utilize the same to replace its 25 regular employees; and (iv) providing for reports to the court not less 26 frequently than every six months, unless the order provides otherwise. 27 3.] If the court requires restitution or services for the public good 28 [as a condition of probation or suspended judgment], it shall provide 29 that an agency or person supervise the restitution or services and that 30 such agency or person report to the court not less frequently than every 31 six months, unless the order provides otherwise. Upon the written notice 32 sent by a school district to the court and the appropriate probation 33 department or agency which submits probation recommendations or reports 34 to the court, the court may provide that such school district shall 35 supervise the performance of services for the public good. 36 [4.] 3. The court, upon receipt of the reports provided for in subdi- 37 vision two [or three] of this section may, on its own motion or the 38 motion of any party or the agency, hold a hearing to determine whether 39 the [placement] condition should be altered or modified. 40 § 16. Section 774 of the family court act is amended to read as 41 follows: 42 § 774. Action on petition for transfer. On receiving a petition under 43 section seven hundred seventy-three of this part, the court may proceed 44 under sections seven hundred thirty-seven, seven hundred thirty-eight or 45 seven hundred thirty-nine of this article with respect to the issuance 46 of a summons or warrant [and sections seven hundred twenty-seven and 47 seven hundred twenty-nine govern questions of detention and failure to 48 comply with a promise to appear]. Due notice of the petition and a copy 49 of the petition shall also be served personally or by mail upon the 50 office of the locality chargeable for the support of the person involved 51 and upon the person involved and his or her parents and other persons. 52 § 17. Subdivisions 3, 3-a, 11 and 12 of section 398 of the social 53 services law, subdivision 3 as amended by chapter 419 of the laws of 54 1987, paragraph (c) of subdivision 3 as amended by section 19 of part E 55 of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1 56 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11 S. 1506 88 A. 2006 1 as added by chapter 514 of the laws of 1976 and subdivision 12 as 2 amended by section 12 of subpart B of part Q of chapter 58 of the laws 3 of 2011, are amended to read as follows: 4 3. As to delinquent children [and persons in need of supervision]: 5 (a) Investigate complaints as to alleged delinquency of a child. 6 (b) Bring such case of alleged delinquency when necessary before the 7 family court. 8 (c) Receive within fifteen days from the order of placement as a 9 public charge any delinquent child committed or placed [or person in 10 need of supervision placed] in his or her care by the family court 11 provided, however, that the commissioner of the social services district 12 with whom the child is placed may apply to the state commissioner or his 13 or her designee for approval of an additional fifteen days, upon written 14 documentation to the office of children and family services that the 15 youth is in need of specialized treatment or placement and the diligent 16 efforts by the commissioner of social services to locate an appropriate 17 placement. 18 [3-a. As to delinquent children: 19 (a)] (d) (1) Conditionally release any juvenile delinquent placed with 20 the district to aftercare whenever the district determines conditional 21 release to be consistent with the needs and best interests of such juve- 22 nile delinquent, that suitable care and supervision can be provided, and 23 that there is a reasonable probability that such juvenile delinquent can 24 be conditionally released without endangering public safety; provided, 25 however, that such conditional release shall be made in accordance with 26 the regulations of the office of children and family services, and 27 provided further that no juvenile delinquent while absent from a facili- 28 ty or program without the consent of the director of such facility or 29 program shall be conditionally released by the district solely by reason 30 of the absence. 31 (2) It shall be a condition of such release that a juvenile delinquent 32 so released shall continue to be the responsibility of the social 33 services district for the period provided in the order of placement. 34 (3) The social services district may provide clothing, services and 35 other necessities for any conditionally released juvenile delinquent, as 36 may be required, including medical care and services not provided to 37 such juvenile delinquent as medical assistance for needy persons pursu- 38 ant to title eleven of article five of this chapter. 39 (4) The social services district, pursuant to the regulations of the 40 office of children and family services, may cause a juvenile delinquent 41 to be returned to a facility operated and maintained by the district, or 42 an authorized agency under contract with the district, at any time with- 43 in the period of placement, where there is a violation of the conditions 44 of release or a change of circumstances. 45 (5) Juvenile delinquents conditionally released by a social services 46 district may be provided for as follows: 47 (i) If, in the opinion of the social services district, there is no 48 suitable parent, relative or guardian to whom a juvenile delinquent can 49 be conditionally released, and suitable care cannot otherwise be 50 secured, the district may conditionally release such juvenile delinquent 51 to the care of any other suitable person; provided that where such suit- 52 able person has no legal relationship with the juvenile, the district 53 shall advise such person of the procedures for obtaining custody or 54 guardianship of the juvenile. 55 (ii) If a conditionally released juvenile delinquent is subject to 56 article sixty-five of the education law or elects to participate in an S. 1506 89 A. 2006 1 educational program leading to a high school diploma, he or she shall be 2 enrolled in a school or educational program leading to a high school 3 diploma following release, or, if such release occurs during the summer 4 recess, upon the commencement of the next school term. If a condi- 5 tionally released juvenile delinquent is not subject to article sixty- 6 five of the education law, and does not elect to participate in an 7 educational program leading to a high school diploma, steps shall be 8 taken, to the extent possible, to facilitate his or her gainful employ- 9 ment or enrollment in a vocational program following release. 10 [(b)] (e) When a juvenile delinquent placed with the social services 11 district is absent from placement without consent, such absence shall 12 interrupt the calculation of time for his or her placement. Such inter- 13 ruption shall continue until such juvenile delinquent returns to the 14 facility or authorized agency in which he or she was placed. Provided, 15 however, that any time spent by a juvenile delinquent in custody from 16 the date of absence to the date placement resumes shall be credited 17 against the time of such placement provided that such custody: 18 (1) was due to an arrest or surrender based upon the absence; or 19 (2) arose from an arrest or surrender on another charge which did not 20 culminate in a conviction, adjudication or adjustment. 21 [(c)] (f) In addition to the other requirements of this section, no 22 juvenile delinquent placed with a social services district operating an 23 approved juvenile justice services close to home initiative pursuant to 24 section four hundred four of this chapter pursuant to a restrictive 25 placement under the family court act shall be released except pursuant 26 to section 353.5 of the family court act. 27 11. In the case of a child who is adjudicated [a person in need of 28 supervision or] a juvenile delinquent and is placed by the family court 29 with the [division for youth] office of children and family services and 30 who is placed by [the division for youth] such office with an authorized 31 agency pursuant to court order, the social services official shall make 32 expenditures in accordance with the regulations of the department for 33 the care and maintenance of such child during the term of such placement 34 subject to state reimbursement pursuant to section one hundred fifty- 35 three-k of this [title, or article nineteen-G of the executive law in 36 applicable cases] article. 37 12. A social services official shall be permitted to place persons 38 adjudicated [in need of supervision or] delinquent[, and alleged persons 39 to be in need of supervision] in detention pending transfer to a place- 40 ment, in the same foster care facilities as are providing care to desti- 41 tute, neglected, abused or abandoned children. Such foster care facili- 42 ties shall not provide care to a youth in the care of a social services 43 official as a convicted juvenile offender. 44 § 18. Paragraph (a) of subdivision 1 of section 409-a of the social 45 services law, as amended by chapter 87 of the laws of 1993, subparagraph 46 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) 47 as amended by section 22 of part C of chapter 83 of the laws of 2002, is 48 amended to read as follows: 49 (a) A social services official shall provide preventive services to a 50 child and his or her family, in accordance with the family's service 51 plan as required by section four hundred nine-e of this [chapter] arti- 52 cle and the social services district's child welfare services plan 53 submitted and approved pursuant to section four hundred nine-d of this 54 [chapter] article, upon a finding by such official that [(i)] the child 55 will be placed, returned to or continued in foster care unless such 56 services are provided and that it is reasonable to believe that by S. 1506 90 A. 2006 1 providing such services the child will be able to remain with or be 2 returned to his or her family, and for a former foster care youth under 3 the age of twenty-one who was previously placed in the care and custody 4 or custody and guardianship of the local commissioner of social services 5 or other officer, board or department authorized to receive children as 6 public charges where it is reasonable to believe that by providing such 7 services the former foster care youth will avoid a return to foster care 8 [or (ii) the child is the subject of a petition under article seven of 9 the family court act, or has been determined by the assessment service 10 established pursuant to section two hundred forty-three-a of the execu- 11 tive law, or by the probation service where no such assessment service 12 has been designated, to be at risk of being the subject of such a peti- 13 tion, and the social services official determines that the child is at 14 risk of placement into foster care]. 15 Such finding shall be entered in the child's uniform case record 16 established and maintained pursuant to section four hundred nine-f of 17 this [chapter] article. The commissioner shall promulgate regulations to 18 assist social services officials in making determinations of eligibility 19 for mandated preventive services pursuant to this [subparagraph] para- 20 graph. 21 § 18-a. Subparagraph (ii) of paragraph (a) of subdivision 1 of section 22 409-a of the social services law, as amended by chapter 87 of the laws 23 of 1993, is amended to read as follows: 24 [(ii) the child is the subject of a petition under article seven of 25 the family court act, or has been determined by the assessment service 26 established pursuant to section two hundred forty-three-a of the execu- 27 tive law, or by the probation service where no such assessment service 28 has been designated, to be at risk of being the subject of such a peti- 29 tion, and the social services official determines according to standards 30 promulgated pursuant to section three hundred ninety-eight-b of this 31 chapter that the child is at risk of placement into foster care.] 32 Such finding shall be entered in the child's uniform case record 33 established and maintained pursuant to section four hundred nine-f of 34 this [chapter] article. The commissioner shall promulgate regulations to 35 assist social services officials in making determinations of eligibility 36 for mandated preventive services pursuant to [clause (ii) of] this para- 37 graph. 38 § 19. Subdivision 3 of section 502 of the executive law, as amended by 39 section 79 of part WWW of chapter 59 of the laws of 2017, is amended to 40 read as follows: 41 3. "Detention" means the temporary care and maintenance of youth held 42 away from their homes pursuant to article three [or seven] of the family 43 court act, or held pending a hearing for alleged violation of the condi- 44 tions of release from an office of children and family services facility 45 or authorized agency, or held pending a hearing for alleged violation of 46 the condition of parole as a juvenile offender, youthful offender or 47 adolescent offender or held pending return to a jurisdiction other than 48 the one in which the youth is held, or held pursuant to a securing order 49 of a criminal court if the youth named therein as principal is charged 50 as a juvenile offender, youthful offender or adolescent offender or held 51 pending a hearing on an extension of placement or held pending transfer 52 to a facility upon commitment or placement by a court. Only alleged or 53 convicted juvenile offenders, youthful offenders or adolescent offenders 54 who have not attained their eighteenth or, commencing October first, two 55 thousand eighteen, their twenty-first birthday shall be subject to 56 detention in a detention facility. Commencing October first, two thou- S. 1506 91 A. 2006 1 sand eighteen, a youth who on or after such date committed an offense 2 when the youth was sixteen years of age; or commencing October first, 3 two thousand nineteen, a youth who committed an offense on or after such 4 date when the youth was seventeen years of age held pursuant to a secur- 5 ing order of a criminal court if the youth is charged as an adolescent 6 offender or held pending a hearing for alleged violation of the condi- 7 tion of parole as an adolescent offender, must be held in a specialized 8 secure juvenile detention facility for older youth certified by the 9 state office of children and family services in conjunction with the 10 state commission of correction. 11 § 20. Subdivision 1, the opening paragraph of subdivision 2 and 12 subparagraph (i) of paragraph (a) of subdivision 3 of section 529-b of 13 the executive law, as amended by section 99 of part WWW of chapter 59 of 14 the laws of 2017, are amended to read as follows: 15 1. (a) Notwithstanding any provision of law to the contrary, eligible 16 expenditures by an eligible municipality for services to divert youth at 17 risk of, alleged to be, or adjudicated as juvenile delinquents [or 18 persons alleged or adjudicated to be in need of supervision], or youth 19 alleged to be or convicted as juvenile offenders, youthful offenders or 20 adolescent offenders from placement in detention or in residential care 21 shall be subject to state reimbursement under the supervision and treat- 22 ment services for juveniles program for up to sixty-two percent of the 23 municipality's expenditures, subject to available appropriations and 24 exclusive of any federal funds made available for such purposes, not to 25 exceed the municipality's distribution under the supervision and treat- 26 ment services for juveniles program. 27 (b) The state funds appropriated for the supervision and treatment 28 services for juveniles program shall be distributed to eligible munici- 29 palities by the office of children and family services based on a plan 30 developed by the office which may consider historical information 31 regarding the number of youth seen at probation intake for an alleged 32 act of delinquency, the number of alleged persons in need of supervision 33 receiving diversion services under section seven hundred thirty-five of 34 the family court act, the number of youth remanded to detention, the 35 number of juvenile delinquents placed with the office, the number of 36 juvenile delinquents [and persons in need of supervision] placed in 37 residential care with the municipality, the municipality's reduction in 38 the use of detention and residential placements, and other factors as 39 determined by the office. Such plan developed by the office shall be 40 subject to the approval of the director of the budget. The office is 41 authorized, in its discretion, to make advance distributions to a muni- 42 cipality in anticipation of state reimbursement. 43 As used in this section, the term "municipality" shall mean a county, 44 or a city having a population of one million or more, and "supervision 45 and treatment services for juveniles" shall mean community-based 46 services or programs designed to safely maintain youth in the community 47 pending a family court disposition or conviction in criminal court and 48 services or programs provided to youth adjudicated as juvenile delin- 49 quents [or persons in need of supervision], or youth alleged to be juve- 50 nile offenders, youthful offenders or adolescent offenders to prevent 51 residential placement of such youth or a return to placement where such 52 youth have been released to the community from residential placement or 53 programs provided to youth alleged to be adjudicated persons in need of 54 supervision to prevent such youth from further involvement in the juve- 55 nile or criminal justice systems. Supervision and treatment services for 56 juveniles may include but are not limited to services or programs that: S. 1506 92 A. 2006 1 (i) an analysis that identifies the neighborhoods or communities from 2 which the greatest number of juvenile delinquents [and persons in need 3 of supervision] are remanded to detention or residentially placed; 4 § 21. The opening paragraph and paragraph (a) of subdivision 2, 5 subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 6 5, and subdivision 7 of section 530 of the executive law, the opening 7 paragraph and paragraph (a) of subdivision 2 and subparagraphs 1 and 4 8 of paragraph (a) and paragraph (b) of subdivision 5 as amended by 9 section 100 of part WWW of chapter 59 of the laws of 2017 and subdivi- 10 sion 7 as amended by section 6 of subpart B of part Q of chapter 58 of 11 the laws of 2011, are amended to read as follows: 12 Expenditures made by municipalities in providing care, maintenance and 13 supervision to youth in detention facilities designated pursuant to 14 [sections seven hundred twenty and] section 305.2 of the family court 15 act and certified by office of children and family services, shall be 16 subject to reimbursement by the state, as follows: 17 (a) Notwithstanding any provision of law to the contrary, eligible 18 expenditures by a municipality during a particular program year for the 19 care, maintenance and supervision [in foster care programs certified by 20 the office of children and family services, certified or approved family 21 boarding homes, and non-secure detention facilities certified by the 22 office for those youth alleged to be persons in need of supervision or 23 adjudicated persons in need of supervision held pending transfer to a 24 facility upon placement; and] in secure and non-secure detention facili- 25 ties certified by the office in accordance with section five hundred 26 three of this article for those youth alleged to be juvenile delin- 27 quents; adjudicated juvenile delinquents held pending transfer to a 28 facility upon placement, and juvenile delinquents held at the request of 29 the office of children and family services pending extension of place- 30 ment hearings or release revocation hearings or while awaiting disposi- 31 tion of such hearings; and youth alleged to be or convicted as juvenile 32 offenders, youthful offenders and adolescent offenders and prior to 33 January first, two thousand twenty, youth alleged to be persons in need 34 of supervision or adjudicated persons in need of supervision held pend- 35 ing transfer to a facility upon placement in foster care programs certi- 36 fied by the office of children and family services, certified or 37 approved foster boarding homes and non-secure detention facilities 38 certified by the office, shall be subject to state reimbursement for up 39 to fifty percent of the municipality's expenditures, exclusive of any 40 federal funds made available for such purposes, not to exceed the 41 municipality's distribution from funds that have been appropriated 42 specifically therefor for that program year. Municipalities shall imple- 43 ment the use of detention risk assessment instruments in a manner 44 prescribed by the office so as to inform detention decisions. Notwith- 45 standing any other provision of state law to the contrary, data neces- 46 sary for completion of a detention risk assessment instrument may be 47 shared among law enforcement, probation, courts, detention administra- 48 tors, detention providers, and the attorney for the child upon retention 49 or appointment; solely for the purpose of accurate completion of such 50 risk assessment instrument, and a copy of the completed detention risk 51 assessment instrument shall be made available to the applicable 52 detention provider, the attorney for the child and the court. 53 (1) temporary care, maintenance and supervision provided to alleged 54 juvenile delinquents [and persons in need of supervision] in detention 55 facilities certified pursuant to [sections seven hundred twenty and] 56 section 305.2 of the family court act by the office of children and S. 1506 93 A. 2006 1 family services, pending adjudication of alleged delinquency [or alleged 2 need of supervision] by the family court, or pending transfer to insti- 3 tutions to which committed or placed by such court or while awaiting 4 disposition by such court after adjudication or held pursuant to a 5 securing order of a criminal court if the person named therein as prin- 6 cipal is under seventeen years of age; or 7 (4) prior to January first, two thousand twenty temporary care, main- 8 tenance and supervision provided youth detained in foster care facili- 9 ties or certified or approved family boarding homes pursuant to article 10 seven of the family court act. 11 (b) Payments made for reserved accommodations, whether or not in full 12 time use, approved and certified by the office of children and family 13 services and certified pursuant to [sections seven hundred twenty and] 14 section 305.2 of the family court act, in order to assure that adequate 15 accommodations will be available for the immediate reception and proper 16 care therein of youth for which detention costs are reimbursable pursu- 17 ant to paragraph (a) of this subdivision, shall be reimbursed as expend- 18 itures for care, maintenance and supervision under the provisions of 19 this section, provided the office shall have given its prior approval 20 for reserving such accommodations. 21 7. The agency administering detention for each county and the city of 22 New York shall submit to the office of children and family services, at 23 such times and in such form and manner and containing such information 24 as required by the office of children and family services, an annual 25 report on youth remanded pursuant to article three or seven of the fami- 26 ly court act who are detained during each calendar year including, 27 commencing January first, two thousand twelve, the risk level of each 28 detained youth as assessed by a detention risk assessment instrument 29 approved by the office of children and family services provided, howev- 30 er, that the report due January first, two thousand twenty-one and ther- 31 eafter shall not be required to contain any information on youth who are 32 subject to article seven of the family court act. The office may require 33 that such data on detention use be submitted to the office electron- 34 ically. Such report shall include, but not be limited to, the reason for 35 the court's determination in accordance with section 320.5 or seven 36 hundred thirty-nine of the family court act to detain the youth; the 37 offense or offenses with which the youth is charged; and all other 38 reasons why the youth remains detained. The office shall submit a compi- 39 lation of all the separate reports to the governor and the legislature. 40 § 22. Subdivision 8 of section 530 of the executive law is REPEALED. 41 § 23. Severability. If any clause, sentence, paragraph, subdivision, 42 section or part contained in any part of this act shall be adjudged by 43 any court of competent jurisdiction to be invalid, such judgment shall 44 not affect, impair, or invalidate the remainder thereof, but shall be 45 confined in its operation to the clause, sentence, paragraph, subdivi- 46 sion, section or part contained in any part thereof directly involved in 47 the controversy in which such judgment shall have been rendered. It is 48 hereby declared to be the intent of the legislature that this act would 49 have been enacted even if such invalid provisions had not been included 50 herein. 51 § 24. This act shall take effect January 1, 2020 and shall be deemed 52 to be applicable to the detention or placement of youth pursuant to 53 petitions filed pursuant to article seven of the family court act on or 54 after such effective date; provided, however, that: S. 1506 94 A. 2006 1 (a) the amendments to subdivision 3-a of section 398 of the social 2 services law made by section seventeen of this act shall not affect the 3 repeal of such subdivision and shall be deemed repealed therewith; and 4 (b) the amendments to subparagraph (ii) of paragraph (a) of subdivi- 5 sion 1 of section 409-a of the social services law made by section eigh- 6 teen of this act shall be subject to the expiration and reversion of 7 such subparagraph pursuant to section 28 of part C of chapter 83 of the 8 laws of 2002, as amended, when upon such date the provisions of section 9 eighteen-a of this act shall take effect. 10 PART L 11 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 12 section 131-o of the social services law, as amended by section 1 of 13 part YY of chapter 59 of the laws of 2018, are amended to read as 14 follows: 15 (a) in the case of each individual receiving family care, an amount 16 equal to at least [$144.00] $148.00 for each month beginning on or after 17 January first, two thousand [eighteen] nineteen. 18 (b) in the case of each individual receiving residential care, an 19 amount equal to at least [$166.00] $171.00 for each month beginning on 20 or after January first, two thousand [eighteen] nineteen. 21 (c) in the case of each individual receiving enhanced residential 22 care, an amount equal to at least [$198.00] $204.00 for each month 23 beginning on or after January first, two thousand [eighteen] nineteen. 24 (d) for the period commencing January first, two thousand [nineteen] 25 twenty, the monthly personal needs allowance shall be an amount equal to 26 the sum of the amounts set forth in subparagraphs one and two of this 27 paragraph: 28 (1) the amounts specified in paragraphs (a), (b) and (c) of this 29 subdivision; and 30 (2) the amount in subparagraph one of this paragraph, multiplied by 31 the percentage of any federal supplemental security income cost of 32 living adjustment which becomes effective on or after January first, two 33 thousand [nineteen] twenty, but prior to June thirtieth, two thousand 34 [nineteen] twenty, rounded to the nearest whole dollar. 35 § 2. Paragraph (a), (b), (c), (d), (e) and (f) of subdivision 2 of 36 section 209 of the social services law, as amended by section 2 of part 37 YY of chapter 59 of the laws of 2018, are amended to read as follows: 38 (a) On and after January first, two thousand [eighteen] nineteen, for 39 an eligible individual living alone, [$837.00] $858.00; and for an 40 eligible couple living alone, [$1,229.00] $1,261.00. 41 (b) On and after January first, two thousand [eighteen] nineteen, for 42 an eligible individual living with others with or without in-kind 43 income, [$773.00] $794.00; and for an eligible couple living with others 44 with or without in-kind income, [$1,171.00] $1,203.00. 45 (c) On and after January first, two thousand [eighteen] nineteen, (i) 46 for an eligible individual receiving family care, [$1,016.48] $1,037.48 47 if he or she is receiving such care in the city of New York or the coun- 48 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 49 couple receiving family care in the city of New York or the county of 50 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 51 in subparagraph (i) of this paragraph; or (iii) for an eligible individ- 52 ual receiving such care in any other county in the state, [$978.48] 53 $999.48; and (iv) for an eligible couple receiving such care in any S. 1506 95 A. 2006 1 other county in the state, two times the amount set forth in subpara- 2 graph (iii) of this paragraph. 3 (d) On and after January first, two thousand [eighteen] nineteen, (i) 4 for an eligible individual receiving residential care, [$1,185.00] 5 $1,206.00 if he or she is receiving such care in the city of New York or 6 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 7 eligible couple receiving residential care in the city of New York or 8 the county of Nassau, Suffolk, Westchester or Rockland, two times the 9 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 10 eligible individual receiving such care in any other county in the 11 state, [$1,155.00] $1,176.00; and (iv) for an eligible couple receiving 12 such care in any other county in the state, two times the amount set 13 forth in subparagraph (iii) of this paragraph. 14 (e) (i) On and after January first, two thousand [eighteen] nineteen, 15 for an eligible individual receiving enhanced residential care, 16 [$1,444.00] $1,465.00; and (ii) for an eligible couple receiving 17 enhanced residential care, two times the amount set forth in subpara- 18 graph (i) of this paragraph. 19 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 20 vision shall be increased to reflect any increases in federal supple- 21 mental security income benefits for individuals or couples which become 22 effective on or after January first, two thousand [nineteen] twenty but 23 prior to June thirtieth, two thousand [nineteen] twenty. 24 § 3. This act shall take effect December 31, 2019. 25 PART M 26 Section 1. This Part enacts into law major components of legislation 27 which are necessary to improve the foster care system. Each component is 28 wholly contained within a Subpart identified as Subparts A through B. 29 The effective date for each particular provision contained within such 30 Subpart is set forth in the last section of such Subpart. Any provision 31 in any section contained within a Subpart, including the effective date 32 of the Subpart, which makes a reference to a section "of this act," when 33 used in connection with that particular component, shall be deemed to 34 mean and refer to the corresponding section of the Subpart in which it 35 is found. Section three of this Part sets forth the general effective 36 date of this Part. 37 SUBPART A 38 Section 1. The social services law is amended by adding a new section 39 462-c to read as follows: 40 § 462-c. Appointment of a temporary operator of a foster care program. 41 1. The office of children and family services shall have the authority 42 to appoint a temporary operator in accordance with this section. 43 2. For the purposes of this section: 44 (a) "Commissioner" shall mean the commissioner of the office or his or 45 her designee. 46 (b) "Office" shall mean the office of children and family services. 47 (c) "Foster care agency" shall mean an authorized agency as defined in 48 paragraph (a) of subdivision ten of section three hundred seventy-one of 49 this chapter that operates one or more foster care programs. 50 (d) "Established operator" shall mean a foster care agency. 51 (e) "Temporary operator" shall mean any foster care agency appointed 52 by the commissioner that: S. 1506 96 A. 2006 1 (i) agrees to provide foster care on a temporary basis in the best 2 interests of the foster care youth served by the established operator; 3 (ii) has a history of recent compliance with applicable laws, rules, 4 and regulations and a record of providing foster care of good quality, 5 as determined by the commissioner; and 6 (iii) prior to appointment as temporary operator, develops a plan 7 determined to be satisfactory by the commissioner to address the estab- 8 lished operator's deficiencies. 9 (f) "Local social services district" shall include any local social 10 services district with care and custody or custody and guardianship of a 11 foster care youth placed with the established operator that may be 12 subject to the appointment of a temporary operator pursuant to this 13 section, as well as the local social services district where the estab- 14 lished operator is located. 15 3. (a) (i) A temporary operator may only be appointed after the estab- 16 lished operator has been provided notice of alleged violations and the 17 ability to cure such violations. 18 (ii) The local social services district shall also be notified of the 19 alleged violations prior to the appointment of a temporary operator. 20 (iii) If the established operator fails to cure such violations in a 21 timely manner, a temporary operator may be appointed: 22 (A) where the established operator is unable or unwilling to ensure 23 the proper operation of the foster care program and there exist condi- 24 tions that have the potential to seriously endanger or jeopardize the 25 health, safety, or welfare of foster care youth; or 26 (B) when necessary to protect the health, safety or welfare of youth 27 served by the established program. 28 (iv) If the commissioner determines to appoint a temporary operator, 29 the commissioner shall notify the established operator and the local 30 social services district of his or her intention to appoint a temporary 31 operator to assume sole responsibility for the established operator's 32 operations for a limited period of time. 33 (v) The appointment of a temporary operator shall be effectuated 34 pursuant to this section, and shall be in addition to any other remedies 35 provided by law. 36 (b) The established operator may at any time request the commissioner 37 to appoint a temporary operator. Upon receiving such a request, the 38 commissioner may, if he or she determines that such an action is neces- 39 sary, enter into an agreement with the established operator for the 40 appointment of a temporary operator to restore or maintain the provision 41 of services to children and families provided in the foster care 42 program, until the established operator can resume operations within 43 the designated time period or other action is taken to suspend, revoke, 44 or limit the authority of the established operator. 45 4. (a) A temporary operator appointed pursuant to this section shall 46 use his or her best efforts to implement the plan deemed satisfactory by 47 the commissioner to correct or eliminate any concerns regarding health, 48 safety or welfare of the established operator, and promote the quality 49 and accessibility of services provided to foster children and their 50 families in the applicable foster care program. 51 (b) During the term of appointment, the temporary operator shall have 52 the authority to direct the staff of the established operator as neces- 53 sary to appropriately provide care for foster care youth in accordance 54 with the plan approved by the commissioner. The temporary operator 55 shall, during this period, provide programs and services for foster 56 youth in such a manner as to promote the health, safety, and welfare of S. 1506 97 A. 2006 1 the youth by the established operator until either the established oper- 2 ator can resume operations or until the office revokes the authority of 3 the established operator to operate a foster care program. 4 (c) The established operator shall grant the temporary operator access 5 to the established operator's accounts and records in order to address 6 any serious health, safety or welfare deficiencies. The temporary opera- 7 tor shall approve any decision related to an established provider's day 8 to day operations or the established provider's ability to provide 9 programs and services for foster youth. 10 (d) The temporary operator shall not be required to file any bond. No 11 security interest in any real or personal property comprising the estab- 12 lished operator, contained within the established operator, or in any 13 fixture of the building or buildings owned by the established operator, 14 shall be impaired or diminished in priority by the temporary operator. 15 Neither the temporary operator nor the office shall engage in any activ- 16 ity that constitutes a confiscation of property. 17 5. Costs associated with the temporary operator, including compen- 18 sation, shall be borne by the established operator and follow the 19 financing structure established in accordance with section one hundred 20 fifty-three-k of this chapter as modified by the current aid to locali- 21 ties provisions for the office of children and family services within 22 the department of family assistance. The temporary operator shall be 23 liable in its capacity as temporary operator for injury to persons and 24 property by reason of its operation of such building; no liability shall 25 incur in the temporary operator's personal capacity, except for gross 26 negligence and intentional acts. 27 6. (a) The initial term of the appointment of the temporary operator 28 shall not exceed ninety days. After ninety days, if the commissioner 29 determines that termination of the temporary operator would cause 30 significant deterioration of the quality of the foster care program run 31 by the established operator or that reappointment is necessary to 32 correct the deficiencies that required the appointment of the temporary 33 operator, the commissioner may authorize additional ninety day terms. 34 (b) Within fourteen days prior to the termination of each term of the 35 appointment of the temporary operator, the temporary operator shall 36 submit to the commissioner, to the local social services district, and 37 to the established operator a report describing: 38 (i) the actions taken during the appointment to address the identified 39 deficiencies, the resumption of operations by the established operator, 40 or the revocation of authority to operate a foster care program; 41 (ii) objectives for the continuation of the temporary operatorship if 42 necessary and a schedule for satisfaction of such objectives; and 43 (iii) if applicable, the recommended actions for the ongoing provision 44 of foster care after the temporary operatorship is complete. 45 (c) The term of the initial appointment and of any subsequent reap- 46 pointment of a temporary operator in accordance with this section may be 47 terminated prior to the expiration of the designated term, if the estab- 48 lished operator and the commissioner agree on a plan of correction and 49 the implementation of such plan. 50 7. (a) The commissioner shall, upon making a determination of an 51 intention to appoint a temporary operator pursuant to this section, 52 cause the established operator and the local social services district 53 to be notified of the intention by registered or certified mail 54 addressed to the principal office of the established operator and the 55 local social services district. Such notification shall include a 56 detailed description of the findings underlying the intention to appoint S. 1506 98 A. 2006 1 a temporary operator, and the date and time of a required meeting with 2 the commissioner within ten business days of the receipt of such 3 notice. At such meeting, the established operator, and the commissioner 4 shall have the opportunity to review and discuss all relevant findings. 5 At such meeting, the commissioner and the established operator shall 6 attempt to develop a mutually satisfactory plan of correction and sched- 7 ule for implementation. If a mutually satisfactory plan of correction 8 and schedule for implementation is developed, the commissioner shall 9 notify the established operator that the commissioner will abstain from 10 appointing a temporary operator contingent upon the established operator 11 remediating the identified deficiencies within the agreed upon time- 12 frame. 13 (b) The commissioner shall, upon making a determination of an inten- 14 tion to appoint a temporary operator pursuant to this section, cause the 15 temporary president of the senate, and the speaker of the assembly to 16 receive appropriate and timely notification of the intention to appoint 17 a temporary operator. Such notification shall include a description of 18 the findings underlying the intention to appoint a temporary operator, 19 the identification of the temporary operator when practicable, and the 20 date of expected transfer of operations. Such notice shall be made as 21 soon as practicable under the circumstances. 22 (c) The commissioner, at any time he or she deems necessary, and to 23 the extent practicable, shall consult and may involve the local social 24 services district. 25 (d) Should the commissioner and the established operator be unable to 26 establish a plan of correction pursuant to this subdivision, or should 27 the established operator fail to respond to the commissioner's initial 28 notification, there shall be an administrative hearing on the commis- 29 sioner's determination to appoint a temporary operator to begin no later 30 than thirty days from the date of the notice to the established opera- 31 tor. Any such hearing shall be strictly limited to the issue of whether 32 the determination of the commissioner to appoint a temporary operator is 33 supported by substantial evidence. A copy of the decision shall be sent 34 to the established operator and the local social services district. 35 (e) If the decision to appoint a temporary operator is upheld such 36 temporary operator shall be appointed as soon as is practicable and 37 shall provide appropriate care and services for the foster care youth 38 as well as take any necessary actions pursuant to the provisions of this 39 chapter or the regulations of the office of children and family 40 services. 41 8. Notwithstanding the appointment of a temporary operator, the estab- 42 lished operator shall remain obligated for the continued provision of 43 care and services for the foster care youth. No provision contained in 44 this section shall be deemed to relieve the established operator or any 45 other person of any civil or criminal liability incurred, or any duty 46 imposed by law, by reason of acts or omissions of the established opera- 47 tor or any other person prior to the appointment of any temporary opera- 48 tor of the building hereunder; nor shall anything contained in this 49 section be construed to suspend during the term of the appointment of 50 the temporary operator of the building any obligation of the estab- 51 lished operator or any other person for the maintenance and repair of 52 the building, provision of utility services, payment of taxes or other 53 operating and maintenance expenses of the building, nor of the estab- 54 lished operator or any other person for the payment of mortgages or 55 liens. 56 § 2. This act shall take effect immediately. S. 1506 99 A. 2006 1 SUBPART B 2 Section 1. Section 4 of part W of chapter 54 of the laws of 2016, 3 amending the social services law relating to the powers and duties of 4 the commissioner of social services relating to the appointment of a 5 temporary operator, is amended to read as follows: 6 § 4. This act shall take effect immediately and shall be deemed to 7 have been in full force and effect on and after April 1, 2016, provided 8 further that this act shall expire and be deemed repealed March 31, 9 [2019] 2022. 10 § 2. This act shall take effect immediately. 11 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 12 sion, section or subpart of this act shall be adjudged by any court of 13 competent jurisdiction to be invalid, such judgment shall not affect, 14 impair, or invalidate the remainder thereof, but shall be confined in 15 its operation to the clause, sentence, paragraph, subdivision, section 16 or subpart thereof directly involved in the controversy in which such 17 judgment shall have been rendered. It is hereby declared to be the 18 intent of the legislature that this act would have been enacted even if 19 such invalid provisions had not been included herein. 20 § 3. This act shall take effect immediately; provided, however, that 21 the applicable effective date of Subparts A through B of this act shall 22 be as specifically set forth in the last section of such Subparts. 23 PART N 24 Section 1. Paragraph (n) of subdivision 1 of section 336 of the social 25 services law, as amended by section 148 of part B of chapter 436 of the 26 laws of 1997, is amended and a new paragraph (o) is added to read as 27 follows: 28 (n) educational activities pursuant to section three hundred thirty- 29 six-a of this title[.]; 30 (o) time-limited job try-outs as work experience assignments with 31 private for-profit, non-profit and public sector entities that lead to 32 unsubsidized full-time or part-time employment. 33 § 2. Subparagraph (iii) of paragraph (e) of subdivision 1 of section 34 335-b of the social services law, as amended by section 2 of part J of 35 chapter 58 of the laws of 2006, is amended to read as follows: 36 (iii) In the case of a two-parent family receiving federally funded 37 child care assistance and a parent in the family is not disabled or 38 caring for a severely disabled child, the individual and the other 39 parent in the family are participating in work activities for a total of 40 at least fifty-five hours per week during the month, not fewer than 41 fifty hours of which are attributable to activities described in para- 42 graphs (a) through (h) [and], (l) and (o) of subdivision one of section 43 three hundred thirty-six of this title. 44 § 3. Subdivision 2 of section 335-b of the social services law, as 45 amended by chapter 380 of the laws of 2004, is amended to read as 46 follows: 47 2. Engaged in work for a month shall mean participating in work activ- 48 ities identified in subdivision one of section three hundred thirty-six 49 of this title for the required number of hours specified in this section 50 provided, however, that at least twenty hours of such participation, or 51 thirty hours for two-parent families, or fifty hours for two-parent 52 families receiving federally funded child care as set forth in subpara- 53 graph (iii) of paragraph (d) of subdivision one of this section, shall S. 1506 100 A. 2006 1 be attributable to the activities described in paragraphs (a) through 2 (h) [and], (l) and (o) of subdivision one of section three hundred thir- 3 ty-six of this title, or for households without dependent children at 4 least twenty hours of participation shall be attributable to the activ- 5 ities set forth in paragraphs (a) through (h) [and], (l) and (o) of 6 subdivision one of section three hundred thirty-six of this title, and 7 further provided that participation in job search and job readiness 8 assistance as identified in paragraph (f) of subdivision one of section 9 three hundred thirty-six of this title shall only be determined as 10 engaged in work for a maximum period of six weeks, only four of which 11 may be consecutive as otherwise limited by federal law; and that indi- 12 viduals in all families and in two parent families may be engaged in 13 work for a month by reason of participation in vocational training to 14 the extent allowed by federal law. Any non-graduate student participat- 15 ing or approved by CUNY, SUNY or another degree granting institution, or 16 any other state or local district approved education, training or voca- 17 tional rehabilitation agency to participate in work-study, or in intern- 18 ships, externships, or other work placements that are part of the 19 curriculum of that student, shall not be unreasonably denied the ability 20 to participate in such programs and each hour of participation shall 21 count toward satisfaction of such student's work activity requirements 22 of this title provided that the district may consider, among other 23 factors, (a) whether the student has voluntarily terminated his or her 24 employment or voluntarily reduced his or her earnings to qualify for 25 public assistance pursuant to subdivision ten of section one hundred 26 thirty-one of this article; (b) whether a comparable job or on the job 27 training position can reasonably be expected to exist in the private, 28 public or not-for-profit sector; (c) that the student has a cumulative C 29 average or its equivalent, which may be waived by the district for undue 30 hardship based on (1) the death of a relative of the student, (2) the 31 personal injury or illness of the student, or (3) other extenuating 32 circumstances; and (d) whether the institution cooperates in monitoring 33 students attendance and performance and reports to the local social 34 services department monthly on each student. Failure of the institution 35 to monitor and report monthly to local social services districts on 36 attendance and performance of the student's work study, internship, 37 externship or other work placement shall be cause for the department to 38 reasonably deny the student's ability to participate in such programs. 39 Students shall be subject to sanctions equivalent to those associated 40 with failure to adequately satisfy their other required work activities. 41 In assigning a non-graduate student participating in work-study, intern- 42 ships, externships or other work placements, pursuant to this section, 43 to other work activities the district shall make reasonable effort to 44 assign the student to hours that do not conflict with the student's 45 academic schedule. 46 § 4. Subdivision 1 of section 336-c of the social services law is 47 amended by adding a new paragraph (c) to read as follows: 48 (c) A social services district may also establish time-limited, job 49 try-out opportunities with private for-profit, non-profit or public 50 sector entities leading to unsubsidized full-time or part-time employ- 51 ment. 52 § 5. Subdivision 2 of section 336-c of the social services law, as 53 amended by section 148 of part B of chapter 436 of the laws of 1997, is 54 amended to read as follows: 55 2. A recipient may be assigned to participate in [such] a work experi- 56 ence program only if: S. 1506 101 A. 2006 1 (a) appropriate federal and state standards of health, safety and 2 other work conditions are maintained; 3 (b) The maximum number of hours a participant in work experience 4 activities authorized pursuant to this section shall be required to work 5 in such assignment shall not exceed [a number] forty hours in any week 6 and shall not exceed the number of hours which equals the amount of 7 assistance payable with respect to such [individual] individual's public 8 assistance household (inclusive of the value of [food stamps] supple- 9 mental nutrition assistance program benefits received by such [individ- 10 ual] household, if any) divided by the [higher] highest of [(a)] (i) the 11 federal minimum wage [provided that such hours shall be limited as set 12 forth in subdivision four of section three hundred thirty-six of this 13 title,]; or [(b)] (ii) the applicable state minimum wage; or (iii) for 14 those placements with a for-profit entity, the wage normally provided 15 for trainees in such positions; 16 (c) such recipients are provided appropriate workers' compensation or 17 equivalent protection for on-the-job injuries and tort claims protection 18 on the same basis, but not necessarily at the same benefit level, as 19 they are provided to other persons in the same or similar positions, 20 while participating in work experience activities under this section; 21 (d) the project to which the participant is assigned [serves] pursuant 22 to paragraph (b) of subdivision one of this section must serve a useful 23 public purpose in fields such as health, social services, environmental 24 protection, education, urban and rural development and redevelopment, 25 welfare, recreation, operation of public facilities, public safety, and 26 child day care; 27 (e) such assignment would not result in (i) the displacement of any 28 currently employed worker or loss of position (including partial 29 displacement such as reduction in the hours of non-overtime work, wages 30 or employment benefits) or result in the impairment of existing 31 contracts for services or collective bargaining agreements; (ii) the 32 loss of exclusivity, if any, to any employee organization with regard to 33 the work performed by any employees as part of a negotiating unit pursu- 34 ant to article fourteen of the civil service law; (iii) the employment 35 or assignment of a participant or the filling of a position when any 36 other person is on layoff from the same or any equivalent position 37 consistent with article five of the civil service law or the employer 38 has terminated the employment of any regular employee or otherwise 39 reduced its workforce with the effect of filling the vacancy so created 40 with a participant assigned pursuant to this section; [(iii)] (iv) any 41 infringement of the promotional opportunities of any current employed 42 person when a participant is assigned pursuant to paragraph (b) of 43 subdivision one of this section; [or (iv)] (v) the performance, by such 44 participant, of a substantial portion of the work ordinarily and actual- 45 ly performed by regular employees; or [(v)] (vi) the loss of a bargain- 46 ing unit position as a result of work experience participants perform- 47 ing, in part or in whole, the work normally performed by the employee in 48 such position; 49 (f) such assignment is not at any work site at which the regular 50 employees are on a legal strike against the employer or are being 51 subjected to lock out by the employer. 52 § 6. Section 336-c of the social services law is amended by adding a 53 new subdivision 2-a to read as follows: 54 2-a. Job try-out programs in private for-profit, non-profit, and 55 public sector entities leading to unsubsidized full-time or part-time 56 employment. (a) Social services districts may enter agreements with S. 1506 102 A. 2006 1 private for-profit, non-profit, or public sector entities to establish 2 job try-out programs which will provide public assistance recipients the 3 training opportunities to learn the skills necessary to perform the job 4 duties for an anticipated job opening. Any such agreements between 5 social services districts and private for-profit, non-profit or public 6 sector entities shall provide that participants will be offered full- 7 time or part-time unsubsidized employment following the end of a nine- 8 ty-day job try-out period absent demonstrated reasonable cause for not 9 hiring the participants. An entity which unreasonably terminates the 10 ninety-day job try-out period or fails to offer full-time or part-time 11 unsubsidized employment to a participant who successfully completes the 12 ninety-day job try-out shall become ineligible to participate in the job 13 try-out program, as provided for in paragraph (c) of this subdivision. 14 (b) A public assistance recipient may be assigned to participate in a 15 job try-out pursuant to this subdivision only if: 16 (i) the private for-profit, non-profit, or public sector entity has 17 entered into an agreement with a social services district pursuant to 18 paragraph (a) of this subdivision; 19 (ii) there is no conflict with laws and regulations regarding collec- 20 tive bargaining in the private for-profit, non-profit, and public 21 sectors; 22 (iii) notwithstanding any other section of law, the job try-out posi- 23 tion to which the participant is assigned shall be unpaid and shall not 24 be considered employment; however, the following provisions shall be 25 excepted and shall apply to job try-out placements: 26 (A) the human rights law as set forth in article fifteen of the execu- 27 tive law; 28 (B) licensure and employment of persons previously convicted of one or 29 more criminal offenses as set forth in article twenty-three-a of the 30 correction law; 31 (C) one day of rest in seven as set forth in section one hundred 32 sixty-one of the labor law; 33 (D) time allowed for meals as set forth in section one hundred sixty- 34 two of the labor law; 35 (E) prohibited discrimination against engagement in certain activities 36 as set forth in section two hundred one-d of the labor law; and 37 (F) prohibited retaliation as set forth in section two hundred fifteen 38 of the labor law; 39 (iv) the household of which the participant is a member will continue 40 to receive any public assistance, supplemental nutrition assistance 41 program, or other benefits that such household is otherwise eligible for 42 throughout the job try-out assignment; 43 (v) the job try-out program to which the participant is assigned shall 44 be limited to ninety days. The assignment may not be extended beyond the 45 ninety days, even if agreed to by the participant and the private for- 46 profit, non-profit or public sector entity; 47 (vi) prior to the job try-out assignment, the participant will receive 48 from the private for-profit, non-profit or public sector entity a writ- 49 ten explanation of his or her training expectations along with a 50 description of the supervision and skills to be learned; 51 (vii) the private sector for-profit, non-profit or public sector enti- 52 ty is required to provide to the social services district, at no less 53 than thirty-day intervals, information regarding the participant's 54 attendance and performance as part of a job try-out assignment; 55 (c) Non-compliance. If a social services district determines that a 56 private for-profit, non-profit or public sector entity without reason- S. 1506 103 A. 2006 1 able cause, has not retained the participant for the full ninety day job 2 try-out period or has not offered full-time or part-time unsubsidized 3 employment to the participant on or before the end of the ninety day job 4 try-out period pursuant to the requirements of this subdivision, the 5 social services district shall take the following actions: 6 (i) a first violation shall result in a one-month ban on new assign- 7 ments with the private for-profit, non-profit or public sector entity; 8 (ii) a second violation, within one year of the first violation, shall 9 result in a three-month ban on new assignments with the private for-pro- 10 fit, non-profit or public sector entity; and 11 (iii) a third violation, and any further violations, within two years 12 of the first violation, shall result in a one-year ban on new assignment 13 placements with the private for-profit, non-profit or public sector 14 entity. 15 § 7. This act shall take effect on the one hundred twentieth day after 16 it shall have become a law; provided that the commissioner of the office 17 of temporary and disability assistance may promulgate any rules or regu- 18 lations necessary to implement this act on or before its effective date. 19 PART O 20 Section 1. Subdivision 1 of section 198-a of the labor law, as amended 21 by chapter 564 of the laws of 2010, is amended to read as follows: 22 1. Every employer who does not pay the wages of all of his or her 23 employees in accordance with the provisions of this chapter, and the 24 officers and agents of any corporation, partnership, or limited liabil- 25 ity company who knowingly permit the corporation, partnership, or limit- 26 ed liability company to violate this chapter by failing to pay the wages 27 of any of its employees in accordance with the provisions thereof, shall 28 be guilty [of a misdemeanor for the first offense and upon conviction 29 therefor shall be fined not less than five hundred nor more than twenty 30 thousand dollars or imprisoned for not more than one year, and, in the 31 event that any second or subsequent offense occurs within six years of 32 the date of conviction for a prior offense, shall be guilty of a felony 33 for the second or subsequent offense, and upon conviction therefor, 34 shall be fined not less than five hundred nor more than twenty thousand 35 dollars or imprisoned for not more than one year plus one day, or 36 punished by both such fine and imprisonment, for each such offense. An 37 indictment of a person or corporation operating a steam surface railroad 38 for an offense specified in this section may be found and tried in any 39 county within the state in which such railroad ran at the time of such 40 offense] , except as otherwise provided in this chapter or in the penal 41 law, of a class A misdemeanor for failure to pay a single employee less 42 than one thousand dollars or less than twenty-five thousand dollars to 43 more than one employee; of a class E felony for failure to pay a single 44 employee greater than one thousand dollars or greater than twenty-five 45 thousand dollars to more than one employee; of a class D felony for 46 failure to pay a single employee greater than three thousand dollars or 47 one hundred thousand dollars to more than one employee; and a class C 48 felony for failure to pay a single employee greater than fifty thousand 49 dollars or greater than five hundred thousand dollars to more than one 50 employee. Further, a court may order restitution of wages in the amount 51 of the underpayment and together with such amounts provided for by 52 section two hundred eighteen of this chapter. 53 § 2. Section 213 of the labor law, as amended by chapter 729 of the 54 laws of 1980, is amended to read as follows: S. 1506 104 A. 2006 1 § 213. Violations of provisions of labor law; the rules, regulations 2 or orders of the industrial commissioner and the industrial board of 3 appeals. Any person who violates or does not comply with any provision 4 of the labor law, any rule, regulation or lawful order of the industrial 5 commissioner or the industrial board of appeals, and the officers and 6 agents of any corporation who knowingly permit the corporation to 7 violate such provisions, are guilty of a class A misdemeanor and upon 8 conviction shall be punished in accordance with the penal law, [except 9 as in this chapter or in the penal law otherwise provided, for a first 10 offense by a fine of not more than one hundred dollars, provided, howev- 11 er, that if the first offense is a violation of a rule or provision for 12 the protection of the safety or health of employees or persons lawfully 13 frequenting a place to which this chapter applies, the punishment shall 14 be a fine of not more than one hundred dollars or by imprisonment for 15 not more than fifteen days or by both such fine and imprisonment;] and, 16 for a second [offense by a fine of not less than one hundred nor more 17 than five hundred dollars, or by imprisonment for not more than thirty 18 days or by both such fine and imprisonment; for a subsequent offense by 19 a fine of not less than three hundred dollars, or by imprisonment for 20 not more than sixty days, or by both such fine and imprisonment] or 21 subsequent offense committed within six years of the date of conviction 22 of a prior offense, are guilty of a class E felony and upon conviction 23 shall be punished in accordance with the penal law. This section shall 24 not apply to any person covered by section twenty-seven-a of this chap- 25 ter. 26 § 3. This act shall take effect immediately. 27 PART P 28 Section 1. Section 522 of the labor law, as amended by chapter 720 of 29 the laws of 1953, is amended to read as follows: 30 § 522. Total unemployment. "Total unemployment" or "totally unem- 31 ployed" means the [total] lack of any employment [on] in any [day] week. 32 The term "employment" as used in this section means any employment 33 including that not defined in this title. 34 § 2. Section 523 of the labor law, as amended by chapter 675 of the 35 laws of 1977, is amended to read as follows: 36 § 523. [Effective day. "Effective day" means a full day of total unem- 37 ployment provided such day falls within a week in which a claimant had 38 four or more days of total unemployment and provided further that only 39 those days of total unemployment in excess of three days within such 40 week are deemed "effective days". No effective day is deemed to occur in 41 a week in which the claimant has days of employment for which he is paid 42 compensation exceeding the highest benefit rate which is applicable to 43 any claimant in such week. A claimant who is employed on a shift 44 continuing through midnight is deemed to have been employed on the day 45 beginning before midnight with respect to such shift, except where night 46 shift employees are regularly scheduled to start their work week at 47 seven post meridiem or thereafter on Sunday night, their regularly sche- 48 duled starting time on Sunday shall be considered as starting on 49 Monday.] Partial unemployment. "Partial unemployment" or "partially 50 unemployed" means any week if the total remuneration of any nature paya- 51 ble for services of any kind during such week amounts to less than one 52 and one-half times the claimant's benefit rate for total unemployment 53 rounded to the lowest next dollar. For purposes of this section, remun- 54 eration shall also include any holiday or vacation pay payable with S. 1506 105 A. 2006 1 respect to any such week, whether or not any service was performed 2 during such week or was in any other way required for receipt of such 3 holiday or vacation pay. For purposes of this section, the commissioner 4 shall consider earnings derived from self-employment, but only to the 5 extent such earnings are actually received or payable with respect to a 6 given week of partial unemployment. 7 § 3. Section 524 of the labor law, as added by chapter 5 of the laws 8 of 2000, is amended to read as follows: 9 § 524. Week of employment. For purposes of this article, "week of 10 employment" shall mean a Monday through Sunday period during which a 11 claimant was paid remuneration for employment for an employer or employ- 12 ers liable for contributions or for payments in lieu of contributions 13 under this article. A claimant who is employed on a shift continuing 14 through midnight is deemed to have been employed on the day beginning 15 before midnight with respect to such shift, except where night shift 16 employees are regularly scheduled to start their work week at seven post 17 meridiem or thereafter on Sunday night, their regularly scheduled start- 18 ing time on Sunday shall be considered as starting on Monday. 19 § 4. Subdivision 4 of section 527 of the labor law, as amended by 20 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the 21 laws of 1984, is amended to read as follows: 22 4. General condition. A valid original claim may be filed only in a 23 week in which the claimant [has at least one effective day of unemploy- 24 ment] is totally unemployed or partially unemployed as defined in this 25 article. 26 § 5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph 27 (e) of subdivision 1 of section 581 of the labor law, as amended by 28 chapter 282 of the laws of 2002, are amended to read as follows: 29 (i) In those instances where the claimant may not utilize wages paid 30 to establish entitlement based upon subdivision ten of section five 31 hundred ninety of this article and an educational institution is the 32 claimant's last employer prior to the filing of the claim for benefits, 33 or the claimant performed services in such educational institution in 34 such capacity while employed by an educational service agency which is 35 the claimant's last employer prior to the filing of the claim for bene- 36 fits, such employer shall not be liable for benefit charges [for the 37 first twenty-eight effective days of benefits paid] in an amount equal 38 to the benefits paid for seven weeks of total unemployment as otherwise 39 provided by this section. Under such circumstances, benefits paid shall 40 be charged to the general account. In addition, wages paid during the 41 base period by such educational institutions, or for services in such 42 educational institutions for claimants employed by an educational 43 service agency shall not be considered base period wages during periods 44 that such wages may not be used to gain entitlement to benefits pursuant 45 to subdivision ten of section five hundred ninety of this article. 46 (ii) In those instances where the claimant may not utilize wages paid 47 to establish entitlement based upon subdivision eleven of section five 48 hundred ninety of this article and an educational institution is the 49 claimant's last employer prior to the filing of the claim for benefits, 50 or the claimant performed services in such educational institution in 51 such capacity while employed by an educational service agency which is 52 the claimant's last employer prior to the filing of the claim for bene- 53 fits, such employer shall not be liable for benefit charges [for the 54 first twenty-eight effective days of benefits paid] in an amount equal 55 to the benefits paid for seven weeks of total unemployment as otherwise 56 provided by this section. Under such circumstances, benefits paid will S. 1506 106 A. 2006 1 be charged to the general account. In addition, wages paid during the 2 base period by such educational institutions, or for services in such 3 educational institutions for claimants employed by an educational 4 service agency shall not be considered base period wages during periods 5 that such wages may not be used to gain entitlement to benefits pursuant 6 to subdivision eleven of section five hundred ninety of this article. 7 However, in those instances where a claimant was not afforded an oppor- 8 tunity to perform services for the educational institution for the next 9 academic year or term after reasonable assurance was provided, such 10 employer shall be liable for benefit charges as provided for in this 11 paragraph for any retroactive payments made to the claimant. 12 (iii) In those instances where the federal government is the claim- 13 ant's last employer prior to the filing of the claim for benefits and 14 such employer is not a base-period employer, payments [equaling the 15 first twenty-eight effective days of benefits] in an amount equal to the 16 benefits paid for seven weeks of total unemployment as otherwise 17 prescribed by this section shall be charged to the general account. In 18 those instances where the federal government is the claimant's last 19 employer prior to the filing of the claim for benefits and a base-period 20 employer, such employer shall be liable for charges for all benefits 21 paid on such claim in the same proportion that the remuneration paid by 22 such employer during the base period bears to the remuneration paid by 23 all employers during the base period. In addition, benefit payment 24 charges [for the first twenty-eight effective days of benefits] in an 25 amount equal to the benefits paid for seven weeks of total unemployment 26 other than those chargeable to the federal government as prescribed 27 above shall be made to the general account. 28 (iv) In those instances where a combined wage claim is filed pursuant 29 to interstate reciprocal agreements and the claimant's last employer 30 prior to the filing of the claim is an out-of-state employer and such 31 employer is not a base-period employer, benefit payments [equaling the 32 first twenty-eight effective days of benefits] in an amount equal to the 33 benefits paid for seven weeks of total unemployment as otherwise 34 prescribed by this section shall be charged to the general account. In 35 those instances where the out-of-state employer is the last employer 36 prior to the filing of the claim for benefits and a base-period employer 37 such employer shall be liable for charges for all benefits paid on such 38 claim in the same proportion that the remuneration paid by such employer 39 during the base period bears to the remuneration paid by all employers 40 during the base period. In addition, benefit payment charges [for the 41 twenty-eight effective days of benefits] in an amount equal to the bene- 42 fits paid for seven weeks of total unemployment other than those charge- 43 able to the out-of-state employer as prescribed above shall be made to 44 the general account. 45 § 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi- 46 sions 6 and 7 of section 590 of the labor law, subdivisions 1 and 3 as 47 amended by chapter 645 of the laws of 1951, subdivision 4 as amended by 48 chapter 457 of the laws of 1987, paragraph (a) of subdivision 5 as 49 amended by section 8 of part O of chapter 57 of the laws of 2013, subdi- 50 vision 6 as added by chapter 720 of the laws of 1953 and as renumbered 51 by chapter 675 of the laws of 1977, and subdivision 7 as amended by 52 chapter 415 of the laws of 1983, are amended and two new paragraphs (c) 53 and (d) are added to subdivision 5 to read as follows: 54 1. Entitlement to benefits. A claimant shall be entitled to [accumu- 55 late effective days for the purpose of benefit rights] the payment of 56 benefits only if he or she has complied with the provisions of this S. 1506 107 A. 2006 1 article regarding the filing of his or her claim, including the filing 2 of a valid original claim, registered as totally unemployed or partially 3 unemployed, reported his or her subsequent employment and unemployment, 4 and reported for work or otherwise given notice of the continuance of 5 his or her unemployment. 6 3. Compensable periods. Benefits shall be paid for each [accumulation 7 of effective days within a] week of partial unemployment or total unem- 8 ployment. 9 4. Duration. Benefits shall not be paid for more than [one hundred and 10 four effective days] an amount exceeding twenty-six times the claimant's 11 weekly benefit rate in any benefit year, except as provided in section 12 six hundred one and subdivision two of section five hundred ninety-nine 13 of this [chapter] title. 14 (a) A claimant's weekly benefit amount shall be one twenty-sixth of 15 the remuneration paid during the highest calendar quarter of the base 16 period by employers, liable for contributions or payments in lieu of 17 contributions under this article, provided the claimant has remuneration 18 paid in all four calendar quarters during his or her base period or 19 alternate base period. However, for any claimant who has remuneration 20 paid in all four calendar quarters during his or her base period or 21 alternate base period and whose high calendar quarter remuneration 22 during the base period is three thousand five hundred seventy-five 23 dollars or less, the benefit amount shall be one twenty-fifth of the 24 remuneration paid during the highest calendar quarter of the base period 25 by employers liable for contributions or payments in lieu of contrib- 26 utions under this article. A claimant's weekly benefit shall be one 27 twenty-sixth of the average remuneration paid in the two highest quar- 28 ters paid during the base period or alternate base period by employers 29 liable for contributions or payments in lieu of contributions under this 30 article when the claimant has remuneration paid in two or three calendar 31 quarters provided however, that a claimant whose high calendar quarter 32 is four thousand dollars or less but greater than three thousand five 33 hundred seventy-five dollars shall have a weekly benefit amount of one 34 twenty-sixth of such high calendar quarter. However, for any claimant 35 who has remuneration paid in two or three calendar quarters during his 36 or her base period or alternate base period and whose high calendar 37 quarter remuneration during the base period is three thousand five 38 hundred seventy-five dollars or less, the benefit amount shall be one 39 twenty-fifth of the remuneration paid during the highest calendar quar- 40 ter of the base period by employers liable for contributions or payments 41 in lieu of contributions under this article. Any claimant whose high 42 calendar quarter remuneration during the base period is more than three 43 thousand five hundred seventy-five dollars shall not have a weekly bene- 44 fit amount less than one hundred forty-three dollars. The weekly benefit 45 amount, so computed, that is not a multiple of one dollar shall be 46 lowered to the next multiple of one dollar. On the first Monday of 47 September, nineteen hundred ninety-eight the weekly benefit amount shall 48 not exceed three hundred sixty-five dollars nor be less than forty 49 dollars, until the first Monday of September, two thousand, at which 50 time the maximum benefit payable pursuant to this subdivision shall 51 equal one-half of the state average weekly wage for covered employment 52 as calculated by the department no sooner than July first, two thousand 53 and no later than August first, two thousand, rounded down to the lowest 54 dollar. On and after the first Monday of October, two thousand fourteen, 55 the weekly benefit shall not be less than one hundred dollars, nor shall 56 it exceed four hundred twenty dollars until the first Monday of October, S. 1506 108 A. 2006 1 two thousand fifteen when the maximum benefit amount shall be four 2 hundred twenty-five dollars, until the first Monday of October, two 3 thousand sixteen when the maximum benefit amount shall be four hundred 4 thirty dollars, until the first Monday of October, two thousand seven- 5 teen when the maximum benefit amount shall be four hundred thirty-five 6 dollars, until the first Monday of October, two thousand eighteen when 7 the maximum benefit amount shall be four hundred fifty dollars, until 8 the first Monday of October, two thousand nineteen when the maximum 9 benefit amount shall be thirty-six percent of the average weekly wage 10 until the first Monday of October, two thousand twenty when the maximum 11 benefit amount shall be thirty-eight percent of the average weekly wage, 12 until the first Monday of October two thousand twenty-one when the maxi- 13 mum benefit amount shall be forty percent of the average weekly wage, 14 until the first Monday of October, two thousand twenty-two when the 15 maximum benefit amount shall be forty-two percent of the average weekly 16 wage, until the first Monday of October, two thousand twenty-three when 17 the maximum benefit amount shall be forty-four percent of the average 18 weekly wage, until the first Monday of October, two thousand twenty-four 19 when the maximum benefit amount shall be forty-six percent of the aver- 20 age weekly wage, until the first Monday of October, two thousand twen- 21 ty-five when the maximum benefit amount shall be forty-eight percent of 22 the average weekly wage, until the first Monday of October, two thousand 23 twenty-six and each year thereafter on the first Monday of October when 24 the maximum benefit amount shall be fifty percent of the average weekly 25 wage provided, however, that in no event shall the maximum benefit 26 amount be reduced from the previous year. A claimant shall receive his 27 or her full benefit rate for each week of total unemployment. 28 (c) Any claimant who is partially unemployed throughout a week shall 29 be paid with respect to such week an amount equal to the claimant's 30 benefit rate for total unemployment reduced by an amount equal to two- 31 thirds, rounded to the next lower whole dollar, of the total remunera- 32 tion, rounded to the lower whole dollar, of any nature payable to the 33 claimant for services of any kind during such week. 34 (d) Any claimant who is partially unemployed whose employment is 35 limited to one or two days during any week of unemployment and whose 36 paid or payable remuneration for such week is equal to or less than the 37 weekly maximum benefit amount shall be paid: 38 (1) for employment limited to one day, a benefit amount equal to three 39 quarters of his or her weekly benefit amount, if that amount is greater 40 than what the claimant would have received had his or her benefit amount 41 been computed pursuant to paragraph (c) of this subdivision. 42 (2) for employment limited to two days, a benefit amount equal to 43 fifty percent of his or her weekly benefit amount, if that amount is 44 greater than what the claimant would have received had his or her bene- 45 fit amount been computed pursuant to paragraph (c) of this subdivision. 46 6. Notification requirement. [No effective day shall be counted for 47 any purposes except effective days as to] Benefits shall be payable only 48 for any week for which notification has been given in a manner 49 prescribed by the commissioner. 50 7. Waiting period. A claimant shall not be entitled to [accumulate 51 effective days for the purpose of] receive benefit payments until he or 52 she has [accumulated] completed a waiting period of [four effective days 53 either wholly within the] one week of total unemployment or partial 54 unemployment in which he or she established [his] a valid original claim 55 [or partly within such week and partly] within his or her benefit year 56 initiated by such claim. S. 1506 109 A. 2006 1 § 7. Subdivisions 1 and 2, paragraph (a) of subdivision 3 and para- 2 graph (a) of subdivision 6 of section 591 of the labor law, subdivisions 3 1 and 2 as amended by chapter 413 of the laws of 2003, paragraph (a) of 4 subdivision 3 as amended by chapter 794 of the laws of 1963 and para- 5 graph (a) of subdivision 6 as added by section 13 of part O of chapter 6 57 of laws of 2013, are amended to read as follows: 7 1. Unemployment. Benefits, except as provided in section five hundred 8 ninety-one-a of this title, shall be paid only to a claimant who is 9 totally unemployed or partially unemployed and who is unable to engage 10 in his or her usual employment or in any other for which he or she is 11 reasonably fitted by training and experience. A claimant who is receiv- 12 ing benefits under this article shall not be denied such benefits pursu- 13 ant to this subdivision or to subdivision two of this section because of 14 such claimant's service on a grand or petit jury of any state or of the 15 United States. 16 2. Availability and capability. Except as provided in section five 17 hundred ninety-one-a of this title, no benefits shall be payable to any 18 claimant who is not capable of work or who is not ready, willing and 19 able to work in his usual employment or in any other for which he is 20 reasonably fitted by training and experience. The commissioner shall 21 promulgate regulations defining a claimant's eligibility for benefits 22 when such claimant is not capable of work or not ready, willing and able 23 to work in his or her usual employment or in any other which he or she 24 is reasonably fitted by training and experience. 25 (a) [No benefits shall be] Benefits payable to a claimant for any day 26 during a paid vacation period, or for a paid holiday, [nor shall any 27 such day be considered a day of total unemployment under section five 28 hundred twenty-two] shall be calculated as provided in section five 29 hundred twenty-three and subdivision five of section five hundred ninety 30 of this article. 31 (a) No benefits shall be payable to a claimant for any week during a 32 dismissal period for which a claimant receives dismissal pay[, nor shall 33 any day within such week be considered a day of total unemployment under 34 section five hundred twenty-two of this article,] if such weekly 35 dismissal pay exceeds the maximum weekly benefit rate. 36 § 8. Subdivisions 1 and 2 of section 591 of the labor law, subdivision 37 1 as amended by chapter 446 of the laws of 1981 and subdivision 2 as 38 amended by section 12 of part O of chapter 57 of the laws of 2013, are 39 amended to read as follows: 40 1. Unemployment. Benefits shall be paid only to a claimant who is 41 totally unemployed or partially unemployed and who is unable to engage 42 in his or her usual employment or in any other for which he or she is 43 reasonably fitted by training and experience. A claimant who is receiv- 44 ing benefits under this article shall not be denied such benefits pursu- 45 ant to this subdivision or to subdivision two of this section because of 46 such claimant's service on a grand or petit jury of any state or of the 47 United States. 48 2. Availability, capability, and work search. No benefits shall be 49 payable to any claimant who is not capable of work or who is not ready, 50 willing and able to work in his or her usual employment or in any other 51 for which he or she is reasonably fitted by training and experience and 52 who is not actively seeking work. In order to be actively seeking work a 53 claimant must be engaged in systematic and sustained efforts to find 54 work. The commissioner shall promulgate regulations defining systematic 55 and sustained efforts to find work and setting standards for the proof 56 of work search efforts. The commissioner shall promulgate regulations S. 1506 110 A. 2006 1 defining a claimant's eligibility for benefits when such claimant is not 2 capable of work or not ready, willing and able to work in his or her 3 usual employment or in any other which he or she is reasonably fitted by 4 training and experience. 5 § 9. Subdivision 2 of section 592 of the labor law, as amended by 6 chapter 415 of the laws of 1983, is amended to read as follows: 7 2. Concurrent payments prohibited. No [days of total unemployment 8 shall be deemed to occur] benefits shall be payable in any week with 9 respect to which or a part of which a claimant has received or is seek- 10 ing unemployment benefits under an unemployment compensation law of any 11 other state or of the United States, provided that this provision shall 12 not apply if the appropriate agency of such other state or of the United 13 States finally determines that he or she is not entitled to such unem- 14 ployment benefits. 15 § 10. Paragraph (a) of subdivision 1, the opening paragraph of subdi- 16 vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para- 17 graph (a) of subdivision 1, the opening paragraph of subdivision 2 and 18 subdivision 3 as amended by section 15 of part O of chapter 57 of the 19 laws of 2013 and subdivision 4 as amended by chapter 589 of the laws of 20 1998, are amended to read as follows: 21 (a) No [days of total unemployment shall be deemed to occur] benefits 22 shall be payable for any week of total unemployment or partial unemploy- 23 ment that occurs after a claimant's voluntary separation without good 24 cause from employment until he or she has subsequently worked in employ- 25 ment and earned remuneration at least equal to ten times his or her 26 weekly benefit rate. In addition to other circumstances that may be 27 found to constitute good cause, including a compelling family reason as 28 set forth in paragraph (b) of this subdivision, voluntary separation 29 from employment shall not in itself disqualify a claimant if circum- 30 stances have developed in the course of such employment that would have 31 justified the claimant in refusing such employment in the first instance 32 under the terms of subdivision two of this section or if the claimant, 33 pursuant to an option provided under a collective bargaining agreement 34 or written employer plan which permits waiver of his or her right to 35 retain the employment when there is a temporary layoff because of lack 36 of work, has elected to be separated for a temporary period and the 37 employer has consented thereto. 38 No [days of total unemployment shall be deemed to occur] benefits 39 shall be payable for any week of total unemployment or partial unemploy- 40 ment beginning with the day on which a claimant, without good cause, 41 refuses to accept an offer of employment for which he or she is reason- 42 ably fitted by training and experience, including employment not subject 43 to this article, until he or she has subsequently worked in employment 44 and earned remuneration at least equal to ten times his or her weekly 45 benefit rate. Except that claimants who are not subject to a recall date 46 or who do not obtain employment through a union hiring hall and who are 47 still unemployed after receiving ten weeks of benefits shall be required 48 to accept any employment proffered that such claimants are capable of 49 performing, provided that such employment would result in a wage not 50 less than eighty percent of such claimant's high calendar quarter wages 51 received in the base period and not substantially less than the prevail- 52 ing wage for similar work in the locality as provided for in paragraph 53 (d) of this subdivision. No refusal to accept employment shall be deemed 54 without good cause nor shall it disqualify any claimant otherwise eligi- 55 ble to receive benefits if: S. 1506 111 A. 2006 1 3. Misconduct. No [days of total unemployment shall be deemed to 2 occur] benefits shall be payable for any week of total unemployment or 3 partial unemployment that occurs after a claimant lost employment 4 through misconduct in connection with his or her employment until he or 5 she has subsequently worked in employment and earned remuneration at 6 least equal to ten times his or her weekly benefit rate. 7 4. Criminal acts. No [days of total unemployment shall be deemed to 8 occur during] benefits shall be payable for any week of total unemploy- 9 ment or partial unemployment for a period of twelve months after a 10 claimant loses employment as a result of an act constituting a felony in 11 connection with such employment, provided the claimant is duly convicted 12 thereof or has signed a statement admitting that he or she has committed 13 such an act. Determinations regarding a benefit claim may be reviewed 14 at any time. Any benefits paid to a claimant prior to a determination 15 that the claimant has lost employment as a result of such act shall not 16 be considered to have been accepted by the claimant in good faith. In 17 addition, remuneration paid to the claimant by the affected employer 18 prior to the claimant's loss of employment due to such criminal act may 19 not be utilized for the purpose of establishing entitlement to a subse- 20 quent, valid original claim. The provisions of this subdivision shall 21 apply even if the employment lost as a result of such act is not the 22 claimant's last employment prior to the filing of his or her claim. 23 § 11. Section 594 of the labor law, as amended by section 16 of part O 24 of chapter 57 of the laws of 2013, is amended to read as follows: 25 § 594. [Reduction and recovery] Recovery of benefits and penalties for 26 wilful false statement. (1) A claimant who has wilfully made a false 27 statement or representation to obtain any benefit under the provisions 28 of this article shall [forfeit benefits for at least the first four but 29 not more than the first eighty effective days following discovery of 30 such offense for which he or she otherwise would have been entitled to 31 receive benefits. Such penalty shall apply only once with respect to 32 each such offense. 33 (2) For the purpose of subdivision four of section five hundred ninety 34 of this article, the claimant shall be deemed to have received benefits 35 for such forfeited effective days. 36 (3) The penalty provided in this section shall not be confined to a 37 single benefit year but shall no longer apply in whole or in part after 38 the expiration of two years from the date of the final determination. 39 Such two-year period shall be tolled during the time period a claimant 40 has an appeal pending] be subject to the penalties set forth in this 41 section. 42 [(4)] (2) A claimant shall refund all moneys received because of such 43 false statement or representation and pay a civil penalty in an amount 44 equal to [the greater of one hundred dollars or fifteen] twenty-five 45 percent of the total overpaid benefits determined pursuant to this 46 section. [The] If a claimant is found to have made a second false 47 statement or representation within five years of the first determi- 48 nation, the penalty shall be fifty percent of the total overpaid bene- 49 fits. Fifteen percent of the penalties collected hereunder for the first 50 and second occurrences shall be deposited in the fund. The remaining 51 percentage of the penalties shall be deposited in the unemployment 52 insurance control fund. The penalties assessed under this subdivision 53 shall apply and be assessed for any benefits paid under federal unem- 54 ployment and extended unemployment programs administered by the depart- 55 ment in the same manner as provided in this article. The penalties in 56 this section shall be in addition to any penalties imposed under this S. 1506 112 A. 2006 1 chapter or any state or federal criminal statute. No penalties or inter- 2 est assessed pursuant to this section may be deducted or withheld from 3 benefits. 4 [(5)] (3) (a) Upon a determination based upon a willful false state- 5 ment or representation becoming final through exhaustion of appeal 6 rights or failure to exhaust hearing rights, the commissioner may 7 recover the amount found to be due by commencing a civil action, or by 8 filing with the county clerk of the county where the claimant resides 9 the final determination of the commissioner or the final decision by an 10 administrative law judge, the appeal board, or a court containing the 11 amount found to be due including interest and civil penalty. The commis- 12 sioner may only make such a filing with the county clerk when: 13 (i) The claimant has responded to requests for information prior to a 14 determination and such requests for information notified the claimant of 15 his or her rights to a fair hearing as well as the potential conse- 16 quences of an investigation and final determination under this section 17 including the notice required by subparagraph (iii) of paragraph (b) of 18 this subdivision. Additionally if the claimant requested a fair hearing 19 or appeal subsequent to a determination, that the claimant was present 20 either in person or through electronic means at such hearing, or subse- 21 quent appeal from which a final determination was rendered; 22 (ii) The commissioner has made efforts to collect on such final deter- 23 mination; and 24 (iii) The commissioner has sent a notice, in accordance with paragraph 25 (b) of this subdivision, of intent to docket such final determination by 26 first class or certified mail, return receipt requested, ten days prior 27 to the docketing of such determination. 28 (b) The notice required in subparagraph (iii) of paragraph (a) of this 29 subdivision shall include the following: 30 (i) That the commissioner intends to docket a final determination 31 against such claimant as a judgment; 32 (ii) The total amount to be docketed; and 33 (iii) Conspicuous language that reads as follows: "Once entered, a 34 judgment is good and can be used against you for twenty years, and your 35 money, including a portion of your paycheck and/or bank account, may be 36 taken. Also, a judgment will hurt your credit score and can affect your 37 ability to rent a home, find a job, or take out a loan." 38 § 11-a. Section 11 of this act shall apply to all false statements and 39 representations determined on or after the effective date of this act 40 and all forfeited effective days determined prior to such effective 41 date shall remain in full force and effect for two years from the expi- 42 ration of the initial determination. For purposes of applying such 43 forfeited benefits, four effective days shall be considered one week of 44 forfeited benefits and any remaining amount of less than four days shall 45 not be applied to future benefits. 46 § 12. Subdivisions 1 and 4 of section 596 of the labor law, subdivi- 47 sion 1 as amended by chapter 204 of the laws of 1982 and subdivision 4 48 as added by chapter 705 of the laws of 1944 and as renumbered by section 49 148-a of part B of chapter 436 of the laws of 1997, are amended to read 50 as follows: 51 1. Claim filing and certification to unemployment. A claimant shall 52 file a claim for benefits [at] with the [local state employment office 53 serving the area in which he was last employed or in which he resides] 54 department of labor within such time and in such manner as the commis- 55 sioner shall prescribe. He or she shall disclose whether he or she owes 56 child support obligations, as hereafter defined. If a claimant making S. 1506 113 A. 2006 1 such disclosure is eligible for benefits, the commissioner shall notify 2 the state or local child support enforcement agency, as hereafter 3 defined, that the claimant is eligible. 4 A claimant shall correctly report any [days of] employment and any 5 compensation [he] received for such employment, including [employments] 6 employment not subject to this article, and the days on which he or she 7 was totally unemployed or partially unemployed and shall make such 8 reports in accordance with such regulations as the commissioner shall 9 prescribe. 10 4. Registration and reporting for work. A claimant shall register as 11 totally unemployed or partially unemployed at a local state employment 12 office serving the area in which he or she was last employed or in which 13 he or she resides in accordance with such regulations as the commission- 14 er shall prescribe. After so registering, such claimant shall report for 15 work at the same local state employment office or otherwise give notice 16 of the continuance of his or her unemployment as often and in such 17 manner as the commissioner shall prescribe. 18 § 12-a. Subdivision 3 of section 597 of the labor law, as amended by 19 chapter 42 of the laws of 1961, is amended to read as follows: 20 3. Limitation on review of determinations. Any determination regarding 21 a benefit claim may, in the absence of fraud or wilful misrepresen- 22 tation, be reviewed only within [one year] two years from the date it is 23 issued because of new or corrected information, or, if the review is 24 based thereon, within six months from a retroactive payment of remunera- 25 tion, provided that no decision on the merits of the case has been made 26 upon hearing or appeal. Such review shall be conducted and a new deter- 27 mination issued in accordance with the provisions of this article and 28 regulations and procedure prescribed thereunder with respect to the 29 adjudication and payment of claims, including the right of appeal. 30 § 13. Paragraph (a) of subdivision 2 of section 599 of the labor law, 31 as amended by chapter 593 of the laws of 1991, is amended to read as 32 follows: 33 (a) Notwithstanding any other provision of this chapter, a claimant 34 attending an approved training course or program under this section may 35 receive additional benefits of up to [one hundred four effective days] 36 twenty-six times his or her weekly benefit amount following exhaustion 37 of regular and, if in effect, any other extended benefits, provided that 38 entitlement to a new benefit claim cannot be established. Certification 39 of continued satisfactory participation and progress in such training 40 course or program must be submitted to the commissioner prior to the 41 payment of any such benefits. The [duration] amount of such additional 42 benefits shall in no case exceed twice the [number of effective days] 43 amount of regular benefits to which the claimant is entitled at the time 44 the claimant is accepted in, or demonstrates application for appropriate 45 training. 46 § 14. The opening paragraph and paragraph (e) of subdivision 2 of 47 section 601 of the labor law, as amended by chapter 35 of the laws of 48 2009, are amended to read as follows: 49 Extended benefits shall be payable to a claimant for [effective days 50 occurring in] any week of total unemployment or partial unemployment 51 within an eligibility period, provided the claimant 52 (e) is not claiming benefits pursuant to an interstate claim filed 53 under the interstate benefit payment plan in a state where an extended 54 benefit period is not in effect, except that this condition shall not 55 apply with respect to the first [eight effective days] two weeks of 56 total unemployment or partial unemployment for which extended benefits S. 1506 114 A. 2006 1 shall otherwise be payable pursuant to an interstate claim filed under 2 the interstate benefit payment plan; and 3 § 15. Subdivisions 3 and 4 and paragraphs (b) and (e) of subdivision 5 4 of section 601 of the labor law, as amended by chapter 35 of the laws of 5 2009, are amended to read as follows: 6 3. Extended benefit amounts; rate and duration. Extended benefits 7 shall be paid to a claimant 8 (a) at a rate equal to his or her rate for regular benefits during his 9 or her applicable benefit year but 10 (b) for not more than [fifty-two effective days with respect to his or 11 her applicable benefit year, with a total maximum amount equal to] fifty 12 percentum of the total maximum amount of regular benefits payable in 13 such benefit year, and 14 (c) if a claimant's benefit year ends within an extended benefit peri- 15 od, the remaining balance of extended benefits to which he or she would 16 be entitled, if any, shall be reduced by the [number of effective days] 17 amount of benefits for which he or she was entitled to receive trade 18 readjustment allowances under the federal trade act of nineteen hundred 19 seventy-four during such benefit year, and 20 (d) for periods of high unemployment for not more than [eighty effec- 21 tive days with respect to the applicable benefit year with a total maxi- 22 mum amount equal to] eighty percent of the total maximum amount of regu- 23 lar benefits payable in such benefit year. 24 4. Charging of extended benefits. The provisions of paragraph (e) of 25 subdivision one of section five hundred eighty-one of this article shall 26 apply to benefits paid pursuant to the provisions of this section, and 27 if they were paid for [effective days] weeks of total unemployment or 28 partial unemployment occurring in weeks following the end of a benefit 29 year, they shall be deemed paid with respect to that benefit year. 30 However, except for governmental entities as defined in section five 31 hundred sixty-five and Indian tribes as defined in section five hundred 32 sixty-six of this article, only one-half of the amount of such benefits 33 shall be debited to the employers' account; the remainder thereof shall 34 be debited to the general account, and such account shall be credited 35 with the amount of payments received in the fund pursuant to the 36 provisions of the federal-state extended unemployment compensation act. 37 Notwithstanding the foregoing, where the state has entered an extended 38 benefit period triggered pursuant to subparagraph one of paragraph (a) 39 of subdivision one of this section for which federal law provides for 40 one hundred percent federal sharing of the costs of benefits, all charg- 41 es shall be debited to the general account and such account shall be 42 credited with the amount of payments received in the fund pursuant to 43 the provisions of the federal-state extended unemployment compensation 44 act or other federal law providing for one hundred percent federal shar- 45 ing for the cost of such benefits. 46 (b) No [days of total unemployment shall be deemed to occur in] bene- 47 fits shall be payable for any week within an eligibility period during 48 which a claimant fails to accept any offer of suitable work or fails to 49 apply for suitable work to which he or she was referred by the commis- 50 sioner, who shall make such referral if such work is available, or 51 during which he or she fails to engage actively in seeking work by 52 making a systematic and sustained effort to obtain work and providing 53 tangible evidence of such effort, and until he or she has worked in 54 employment during at least four subsequent weeks and earned remuneration 55 of at least four times his or her benefit rate. S. 1506 115 A. 2006 1 (e) No [days of total unemployment] benefits shall be [deemed to occur 2 in] payable for any week within an eligibility period under section five 3 hundred ninety-three of this [article] title, until he or she has subse- 4 quently worked in employment in accordance with the requirements set 5 forth in section five hundred ninety-three of this [article] title. 6 § 16. Section 603 of the labor law, as amended by section 21 of part O 7 of chapter 57 of the laws of 2013, is amended to read as follows: 8 § 603. Definitions. For purposes of this title: "Total unemployment" 9 and "partial unemployment" shall [mean the total lack of any employment 10 on any day,] have the same meanings as defined in this article, other 11 than with an employer applying for a shared work program. "Work force" 12 shall mean the total work force, a clearly identifiable unit or units 13 thereof, or a particular shift or shifts. The work force subject to 14 reduction shall consist of no less than two employees. 15 § 17. Severability. If any amendment contained in a clause, sentence, 16 paragraph, section or part of this act shall be adjudged by the United 17 States Department of Labor to violate requirements for maintaining bene- 18 fit standards required of the state in order to be eligible for any 19 financial benefit offered through federal law or regulation, such amend- 20 ments shall be severed from this act and shall not affect, impair or 21 invalidate the remainder thereof. 22 § 18. This act shall take effect on the ninetieth day after the 23 commissioner of labor certifies that the department of labor has an 24 information technology system capable of accommodating the provisions in 25 this act; provided that the commissioner of labor shall notify the 26 legislative bill drafting commission of the date of such certification 27 in order that the commission may maintain an accurate and timely effec- 28 tive database of the official text of the laws of the state of New York 29 in furtherance of effecting the provisions of section 44 of the legisla- 30 tive law and section 70-b of the public officers law. Effective imme- 31 diately, the addition, amendment and/or repeal of any rule or regulation 32 necessary for the implementation of this act on its effective date are 33 authorized to be made and completed on or before such effective date. 34 Provided further that the amendments to subdivisions 1 and 2 of section 35 591 of the labor law made by section seven of this act shall be subject 36 to the expiration and reversion of such subdivisions pursuant to section 37 10 of chapter 413 of the laws of 2003, when upon such date the 38 provisions of section eight of this act shall take effect. 39 PART Q 40 Section 1. Subdivision 1 of section 296 of the executive law is 41 amended by adding a new paragraph (h) to read as follows: 42 (h) For an employer or employment agency in writing or otherwise, to 43 rely on, or inquire about, the salary history information of an appli- 44 cant for employment as a factor in determining whether to offer employ- 45 ment to an applicant or what salary to offer an applicant. Nothing in 46 this subdivision shall prevent an applicant from voluntarily and without 47 prompting disclosing salary history information to a prospective employ- 48 er. If an applicant volunteers salary history information, nothing shall 49 prohibit that employer from considering or relying on that information. 50 Nothing in this subdivision shall prohibit an employer, without inquir- 51 ing about salary history, from engaging in discussion with the applicant 52 about their expectations with respect to salary, benefits, and other 53 compensation. S. 1506 116 A. 2006 1 § 2. The section heading and subdivision 1 of section 194 of the labor 2 law, the section heading as added by chapter 548 of the laws of 1966 and 3 subdivision 1 as amended by chapter 362 of the laws of 2015, are amended 4 to read as follows: 5 Differential in rate of pay because of [sex] protected class status 6 prohibited. 1. No employee who is a member of a protected class shall 7 be paid a wage at a rate less than the rate at which an employee [of the 8 opposite sex] who is not a member of the protected class in the same 9 establishment is paid for [equal work on a job the performance of which 10 requires equal skill, effort and responsibility, and which is performed 11 under similar working conditions] substantially similar work, when 12 viewed as a composite of skill, effort, and responsibility, and 13 performed under similar working conditions, except where payment is made 14 pursuant to a differential based on: 15 a. a seniority system; 16 b. a merit system; 17 c. a system which measures earnings by quantity or quality of 18 production; or 19 d. a bona fide factor other than [sex] the protected class status, 20 such as education, training, or experience. Such factor: (i) shall not 21 be based upon [or derived from] a [sex-based] differential in compen- 22 sation that was originally derived from a protected class status and 23 (ii) shall be job-related with respect to the position in question and 24 shall be consistent with business necessity. Such exception under this 25 paragraph shall not apply when the employee demonstrates (A) that an 26 employer uses a particular employment practice that causes a disparate 27 impact on the basis of [sex] protected class status, (B) that an alter- 28 native employment practice exists that would serve the same business 29 purpose and not produce such differential, and (C) that the employer has 30 refused to adopt such alternative practice. 31 § 3. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law. 33 PART R 34 Section 1. Subdivisions 1 and 2 of section 291 of the executive law, 35 as amended by chapter 196 of the laws of 2010, are amended to read as 36 follows: 37 1. The opportunity to obtain employment without discrimination because 38 of age, race, creed, color, national origin, sexual orientation, gender 39 identity or expression, military status, sex, marital status, or disa- 40 bility, is hereby recognized as and declared to be a civil right. 41 2. The opportunity to obtain education, the use of places of public 42 accommodation and the ownership, use and occupancy of housing accommo- 43 dations and commercial space without discrimination because of age, 44 race, creed, color, national origin, sexual orientation, gender identity 45 or expression, military status, sex, marital status, or disability, as 46 specified in section two hundred ninety-six of this article, is hereby 47 recognized as and declared to be a civil right. 48 § 2. Section 292 of the executive law is amended by adding a new 49 subdivision 35 to read as follows: 50 35. The term "gender identity or expression" means a person's actual 51 or perceived gender-related identity, appearance, behavior, expression, 52 or other gender-related characteristic regardless of the sex assigned to 53 that person at birth, including, but not limited to, the status of being 54 transgender. S. 1506 117 A. 2006 1 § 3. Subdivisions 8 and 9 of section 295 of the executive law, as 2 amended by chapter 106 of the laws of 2003, are amended to read as 3 follows: 4 8. To create such advisory councils, local, regional or state-wide, as 5 in its judgment will aid in effectuating the purposes of this article 6 and of section eleven of article one of the constitution of this state, 7 and the division may empower them to study the problems of discrimi- 8 nation in all or specific fields of human relationships or in specific 9 instances of discrimination because of age, race, creed, color, national 10 origin, sexual orientation, gender identity or expression, military 11 status, sex, disability or marital status and make recommendations to 12 the division for the development of policies and procedures in general 13 and in specific instances. The advisory councils also shall disseminate 14 information about the division's activities to organizations and indi- 15 viduals in their localities. Such advisory councils shall be composed of 16 representative citizens, serving without pay, but with reimbursement for 17 actual and necessary traveling expenses; and the division may make 18 provision for technical and clerical assistance to such councils and for 19 the expenses of such assistance. 20 9. To develop human rights plans and policies for the state and assist 21 in their execution and to make investigations and studies appropriate to 22 effectuate this article and to issue such publications and such results 23 of investigations and research as in its judgement will tend to inform 24 persons of the rights assured and remedies provided under this article, 25 to promote good-will and minimize or eliminate discrimination because of 26 age, race, creed, color, national origin, sexual orientation, gender 27 identity or expression, military status, sex, disability or marital 28 status. 29 § 4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 30 of the executive law, as amended by chapter 365 of the laws of 2015, are 31 amended to read as follows: 32 (a) For an employer or licensing agency, because of an individual's 33 age, race, creed, color, national origin, sexual orientation, gender 34 identity or expression, military status, sex, disability, predisposing 35 genetic characteristics, familial status, marital status, or domestic 36 violence victim status, to refuse to hire or employ or to bar or to 37 discharge from employment such individual or to discriminate against 38 such individual in compensation or in terms, conditions or privileges of 39 employment. 40 (b) For an employment agency to discriminate against any individual 41 because of age, race, creed, color, national origin, sexual orientation, 42 gender identity or expression, military status, sex, disability, predis- 43 posing genetic characteristics, familial status, or marital status, in 44 receiving, classifying, disposing or otherwise acting upon applications 45 for its services or in referring an applicant or applicants to an 46 employer or employers. 47 (c) For a labor organization, because of the age, race, creed, color, 48 national origin, sexual orientation, gender identity or expression, 49 military status, sex, disability, predisposing genetic characteristics, 50 familial status, or marital status of any individual, to exclude or to 51 expel from its membership such individual or to discriminate in any way 52 against any of its members or against any employer or any individual 53 employed by an employer. 54 (d) For any employer or employment agency to print or circulate or 55 cause to be printed or circulated any statement, advertisement or publi- 56 cation, or to use any form of application for employment or to make any S. 1506 118 A. 2006 1 inquiry in connection with prospective employment, which expresses 2 directly or indirectly, any limitation, specification or discrimination 3 as to age, race, creed, color, national origin, sexual orientation, 4 gender identity or expression, military status, sex, disability, predis- 5 posing genetic characteristics, familial status, or marital status, or 6 any intent to make any such limitation, specification or discrimination, 7 unless based upon a bona fide occupational qualification; provided, 8 however, that neither this paragraph nor any provision of this chapter 9 or other law shall be construed to prohibit the department of civil 10 service or the department of personnel of any city containing more than 11 one county from requesting information from applicants for civil service 12 examinations concerning any of the aforementioned characteristics, other 13 than sexual orientation, for the purpose of conducting studies to iden- 14 tify and resolve possible problems in recruitment and testing of members 15 of minority groups to insure the fairest possible and equal opportu- 16 nities for employment in the civil service for all persons, regardless 17 of age, race, creed, color, national origin, sexual orientation or 18 gender identity or expression, military status, sex, disability, predis- 19 posing genetic characteristics, familial status, or marital status. 20 § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 21 the executive law, as amended by chapter 365 of the laws of 2015, are 22 amended to read as follows: 23 (b) To deny to or withhold from any person because of race, creed, 24 color, national origin, sexual orientation, gender identity or 25 expression, military status, sex, age, disability, familial status, or 26 marital status, the right to be admitted to or participate in a guidance 27 program, an apprenticeship training program, on-the-job training 28 program, executive training program, or other occupational training or 29 retraining program; 30 (c) To discriminate against any person in his or her pursuit of such 31 programs or to discriminate against such a person in the terms, condi- 32 tions or privileges of such programs because of race, creed, color, 33 national origin, sexual orientation, gender identity or expression, 34 military status, sex, age, disability, familial status or marital 35 status; 36 (d) To print or circulate or cause to be printed or circulated any 37 statement, advertisement or publication, or to use any form of applica- 38 tion for such programs or to make any inquiry in connection with such 39 program which expresses, directly or indirectly, any limitation, spec- 40 ification or discrimination as to race, creed, color, national origin, 41 sexual orientation, gender identity or expression, military status, sex, 42 age, disability, familial status or marital status, or any intention to 43 make any such limitation, specification or discrimination, unless based 44 on a bona fide occupational qualification. 45 § 6. Paragraph (a) of subdivision 2 of section 296 of the executive 46 law, as amended by chapter 106 of the laws of 2003, is amended to read 47 as follows: 48 (a) It shall be an unlawful discriminatory practice for any person, 49 being the owner, lessee, proprietor, manager, superintendent, agent or 50 employee of any place of public accommodation, resort or amusement, 51 because of the race, creed, color, national origin, sexual orientation, 52 gender identity or expression, military status, sex, [or] disability or 53 marital status of any person, directly or indirectly, to refuse, with- 54 hold from or deny to such person any of the accommodations, advantages, 55 facilities or privileges thereof, including the extension of credit, or, 56 directly or indirectly, to publish, circulate, issue, display, post or S. 1506 119 A. 2006 1 mail any written or printed communication, notice or advertisement, to 2 the effect that any of the accommodations, advantages, facilities and 3 privileges of any such place shall be refused, withheld from or denied 4 to any person on account of race, creed, color, national origin, sexual 5 orientation, gender identity or expression, military status, sex, [or] 6 disability or marital status, or that the patronage or custom thereat of 7 any person of or purporting to be of any particular race, creed, color, 8 national origin, sexual orientation, gender identity or expression, 9 military status, sex or marital status, or having a disability is unwel- 10 come, objectionable or not acceptable, desired or solicited. 11 § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 12 296 of the executive law, paragraphs (a), (b) and (c) as amended and 13 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended 14 to read as follows: 15 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 16 hold from any person or group of persons such housing accommodations 17 because of the race, creed, color, disability, national origin, sexual 18 orientation, gender identity or expression, military status, age, sex, 19 marital status, or familial status of such person or persons, or to 20 represent that any housing accommodation or land is not available for 21 inspection, sale, rental or lease when in fact it is so available. 22 (b) To discriminate against any person because of his or her race, 23 creed, color, disability, national origin, sexual orientation, gender 24 identity or expression, military status, age, sex, marital status, or 25 familial status in the terms, conditions or privileges of any publicly- 26 assisted housing accommodations or in the furnishing of facilities or 27 services in connection therewith. 28 (c) To cause to be made any written or oral inquiry or record concern- 29 ing the race, creed, color, disability, national origin, sexual orien- 30 tation, gender identity or expression, membership in the reserve armed 31 forces of the United States or in the organized militia of the state, 32 age, sex, marital status, or familial status of a person seeking to rent 33 or lease any publicly-assisted housing accommodation; provided, however, 34 that nothing in this subdivision shall prohibit a member of the reserve 35 armed forces of the United States or in the organized militia of the 36 state from voluntarily disclosing such membership. 37 (c-1) To print or circulate or cause to be printed or circulated any 38 statement, advertisement or publication, or to use any form of applica- 39 tion for the purchase, rental or lease of such housing accommodation or 40 to make any record or inquiry in connection with the prospective 41 purchase, rental or lease of such a housing accommodation which 42 expresses, directly or indirectly, any limitation, specification or 43 discrimination as to race, creed, color, national origin, sexual orien- 44 tation, gender identity or expression, military status, sex, age, disa- 45 bility, marital status, or familial status, or any intent to make any 46 such limitation, specification or discrimination. 47 § 8. Subdivision 3-b of section 296 of the executive law, as amended 48 by chapter 106 of the laws of 2003, is amended to read as follows: 49 3-b. It shall be an unlawful discriminatory practice for any real 50 estate broker, real estate salesperson or employee or agent thereof or 51 any other individual, corporation, partnership or organization for the 52 purpose of inducing a real estate transaction from which any such person 53 or any of its stockholders or members may benefit financially, to repre- 54 sent that a change has occurred or will or may occur in the composition 55 with respect to race, creed, color, national origin, sexual orientation, 56 gender identity or expression, military status, sex, disability, marital S. 1506 120 A. 2006 1 status, or familial status of the owners or occupants in the block, 2 neighborhood or area in which the real property is located, and to 3 represent, directly or indirectly, that this change will or may result 4 in undesirable consequences in the block, neighborhood or area in which 5 the real property is located, including but not limited to the lowering 6 of property values, an increase in criminal or anti-social behavior, or 7 a decline in the quality of schools or other facilities. 8 § 9. Subdivision 4 of section 296 of the executive law, as amended by 9 chapter 106 of the laws of 2003, is amended to read as follows: 10 4. It shall be an unlawful discriminatory practice for an education 11 corporation or association which holds itself out to the public to be 12 non-sectarian and exempt from taxation pursuant to the provisions of 13 article four of the real property tax law to deny the use of its facili- 14 ties to any person otherwise qualified, or to permit the harassment of 15 any student or applicant, by reason of his race, color, religion, disa- 16 bility, national origin, sexual orientation, gender identity or 17 expression, military status, sex, age or marital status, except that any 18 such institution which establishes or maintains a policy of educating 19 persons of one sex exclusively may admit students of only one sex. 20 § 10. Subdivision 5 of section 296 of the executive law, as amended by 21 chapter 106 of the laws of 2003, is amended to read as follows: 22 5. (a) It shall be an unlawful discriminatory practice for the owner, 23 lessee, sub-lessee, assignee, or managing agent of, or other person 24 having the right to sell, rent or lease a housing accommodation, 25 constructed or to be constructed, or any agent or employee thereof: 26 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 27 from any person or group of persons such a housing accommodation because 28 of the race, creed, color, national origin, sexual orientation, gender 29 identity or expression, military status, sex, age, disability, marital 30 status, or familial status of such person or persons, or to represent 31 that any housing accommodation or land is not available for inspection, 32 sale, rental or lease when in fact it is so available. 33 (2) To discriminate against any person because of race, creed, color, 34 national origin, sexual orientation, gender identity or expression, 35 military status, sex, age, disability, marital status, or familial 36 status in the terms, conditions or privileges of the sale, rental or 37 lease of any such housing accommodation or in the furnishing of facili- 38 ties or services in connection therewith. 39 (3) To print or circulate or cause to be printed or circulated any 40 statement, advertisement or publication, or to use any form of applica- 41 tion for the purchase, rental or lease of such housing accommodation or 42 to make any record or inquiry in connection with the prospective 43 purchase, rental or lease of such a housing accommodation which 44 expresses, directly or indirectly, any limitation, specification or 45 discrimination as to race, creed, color, national origin, sexual orien- 46 tation, gender identity or expression, military status, sex, age, disa- 47 bility, marital status, or familial status, or any intent to make any 48 such limitation, specification or discrimination. 49 The provisions of this paragraph (a) shall not apply (1) to the rental 50 of a housing accommodation in a building which contains housing accommo- 51 dations for not more than two families living independently of each 52 other, if the owner resides in one of such housing accommodations, (2) 53 to the restriction of the rental of all rooms in a housing accommodation 54 to individuals of the same sex or (3) to the rental of a room or rooms 55 in a housing accommodation, if such rental is by the occupant of the 56 housing accommodation or by the owner of the housing accommodation and S. 1506 121 A. 2006 1 the owner resides in such housing accommodation or (4) solely with 2 respect to age and familial status to the restriction of the sale, 3 rental or lease of housing accommodations exclusively to persons sixty- 4 two years of age or older and the spouse of any such person, or for 5 housing intended and operated for occupancy by at least one person 6 fifty-five years of age or older per unit. In determining whether hous- 7 ing is intended and operated for occupancy by persons fifty-five years 8 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 9 federal Fair Housing Act of 1988, as amended, shall apply. 10 (b) It shall be an unlawful discriminatory practice for the owner, 11 lessee, sub-lessee, or managing agent of, or other person having the 12 right of ownership or possession of or the right to sell, rent or lease, 13 land or commercial space: 14 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 15 from any person or group of persons land or commercial space because of 16 the race, creed, color, national origin, sexual orientation, gender 17 identity or expression, military status, sex, age, disability, marital 18 status, or familial status of such person or persons, or to represent 19 that any housing accommodation or land is not available for inspection, 20 sale, rental or lease when in fact it is so available; 21 (2) To discriminate against any person because of race, creed, color, 22 national origin, sexual orientation, gender identity or expression, 23 military status, sex, age, disability, marital status, or familial 24 status in the terms, conditions or privileges of the sale, rental or 25 lease of any such land or commercial space; or in the furnishing of 26 facilities or services in connection therewith; 27 (3) To print or circulate or cause to be printed or circulated any 28 statement, advertisement or publication, or to use any form of applica- 29 tion for the purchase, rental or lease of such land or commercial space 30 or to make any record or inquiry in connection with the prospective 31 purchase, rental or lease of such land or commercial space which 32 expresses, directly or indirectly, any limitation, specification or 33 discrimination as to race, creed, color, national origin, sexual orien- 34 tation, gender identity or expression, military status, sex, age, disa- 35 bility, marital status, or familial status; or any intent to make any 36 such limitation, specification or discrimination. 37 (4) With respect to age and familial status, the provisions of this 38 paragraph shall not apply to the restriction of the sale, rental or 39 lease of land or commercial space exclusively to persons fifty-five 40 years of age or older and the spouse of any such person, or to the 41 restriction of the sale, rental or lease of land to be used for the 42 construction, or location of housing accommodations exclusively for 43 persons sixty-two years of age or older, or intended and operated for 44 occupancy by at least one person fifty-five years of age or older per 45 unit. In determining whether housing is intended and operated for occu- 46 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 47 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 48 amended, shall apply. 49 (c) It shall be an unlawful discriminatory practice for any real 50 estate broker, real estate salesperson or employee or agent thereof: 51 (1) To refuse to sell, rent or lease any housing accommodation, land 52 or commercial space to any person or group of persons or to refuse to 53 negotiate for the sale, rental or lease, of any housing accommodation, 54 land or commercial space to any person or group of persons because of 55 the race, creed, color, national origin, sexual orientation, gender 56 identity or expression, military status, sex, age, disability, marital S. 1506 122 A. 2006 1 status, or familial status of such person or persons, or to represent 2 that any housing accommodation, land or commercial space is not avail- 3 able for inspection, sale, rental or lease when in fact it is so avail- 4 able, or otherwise to deny or withhold any housing accommodation, land 5 or commercial space or any facilities of any housing accommodation, land 6 or commercial space from any person or group of persons because of the 7 race, creed, color, national origin, sexual orientation, gender identity 8 or expression, military status, sex, age, disability, marital status, or 9 familial status of such person or persons. 10 (2) To print or circulate or cause to be printed or circulated any 11 statement, advertisement or publication, or to use any form of applica- 12 tion for the purchase, rental or lease of any housing accommodation, 13 land or commercial space or to make any record or inquiry in connection 14 with the prospective purchase, rental or lease of any housing accommo- 15 dation, land or commercial space which expresses, directly or indirect- 16 ly, any limitation, specification, or discrimination as to race, creed, 17 color, national origin, sexual orientation, gender identity or 18 expression, military status, sex, age, disability, marital status, or 19 familial status; or any intent to make any such limitation, specifica- 20 tion or discrimination. 21 (3) With respect to age and familial status, the provisions of this 22 paragraph shall not apply to the restriction of the sale, rental or 23 lease of any housing accommodation, land or commercial space exclusively 24 to persons fifty-five years of age or older and the spouse of any such 25 person, or to the restriction of the sale, rental or lease of any hous- 26 ing accommodation or land to be used for the construction or location of 27 housing accommodations for persons sixty-two years of age or older, or 28 intended and operated for occupancy by at least one person fifty-five 29 years of age or older per unit. In determining whether housing is 30 intended and operated for occupancy by persons fifty-five years of age 31 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 32 federal Fair Housing Act of 1988, as amended, shall apply. 33 (d) It shall be an unlawful discriminatory practice for any real 34 estate board, because of the race, creed, color, national origin, sexual 35 orientation, gender identity or expression, military status, age, sex, 36 disability, marital status, or familial status of any individual who is 37 otherwise qualified for membership, to exclude or expel such individual 38 from membership, or to discriminate against such individual in the 39 terms, conditions and privileges of membership in such board. 40 (e) It shall be an unlawful discriminatory practice for the owner, 41 proprietor or managing agent of, or other person having the right to 42 provide care and services in, a private proprietary nursing home, conva- 43 lescent home, or home for adults, or an intermediate care facility, as 44 defined in section two of the social services law, heretofore 45 constructed, or to be constructed, or any agent or employee thereof, to 46 refuse to provide services and care in such home or facility to any 47 individual or to discriminate against any individual in the terms, 48 conditions, and privileges of such services and care solely because such 49 individual is a blind person. For purposes of this paragraph, a "blind 50 person" shall mean a person who is registered as a blind person with the 51 commission for the visually handicapped and who meets the definition of 52 a "blind person" pursuant to section three of chapter four hundred 53 fifteen of the laws of nineteen hundred thirteen entitled "An act to 54 establish a state commission for improving the condition of the blind of 55 the state of New York, and making an appropriation therefor". S. 1506 123 A. 2006 1 (f) The provisions of this subdivision, as they relate to age, shall 2 not apply to persons under the age of eighteen years. 3 (g) It shall be an unlawful discriminatory practice for any person 4 offering or providing housing accommodations, land or commercial space 5 as described in paragraphs (a), (b), and (c) of this subdivision to make 6 or cause to be made any written or oral inquiry or record concerning 7 membership of any person in the state organized militia in relation to 8 the purchase, rental or lease of such housing accommodation, land, or 9 commercial space, provided, however, that nothing in this subdivision 10 shall prohibit a member of the state organized militia from voluntarily 11 disclosing such membership. 12 § 11. Paragraph (a) of subdivision 9 of section 296 of the executive 13 law, as amended by chapter 365 of the laws of 2015, is amended to read 14 as follows: 15 (a) It shall be an unlawful discriminatory practice for any fire 16 department or fire company therein, through any member or members there- 17 of, officers, board of fire commissioners or other body or office having 18 power of appointment of volunteer firefighters, directly or indirectly, 19 by ritualistic practice, constitutional or by-law prescription, by tacit 20 agreement among its members, or otherwise, to deny to any individual 21 membership in any volunteer fire department or fire company therein, or 22 to expel or discriminate against any volunteer member of a fire depart- 23 ment or fire company therein, because of the race, creed, color, 24 national origin, sexual orientation, gender identity or expression, 25 military status, sex, marital status, or familial status, of such indi- 26 vidual. 27 § 12. Subdivision 13 of section 296 of the executive law, as amended 28 by chapter 365 of the laws of 2015, is amended to read as follows: 29 13. It shall be an unlawful discriminatory practice (i) for any person 30 to boycott or blacklist, or to refuse to buy from, sell to or trade 31 with, or otherwise discriminate against any person, because of the race, 32 creed, color, national origin, sexual orientation, gender identity or 33 expression, military status, sex, disability, or familial status, of 34 such person, or of such person's partners, members, stockholders, direc- 35 tors, officers, managers, superintendents, agents, employees, business 36 associates, suppliers or customers, or (ii) for any person wilfully to 37 do any act or refrain from doing any act which enables any such person 38 to take such action. This subdivision shall not apply to: 39 (a) Boycotts connected with labor disputes; or 40 (b) Boycotts to protest unlawful discriminatory practices. 41 § 13. Subdivisions 1, 2 and 3 of section 296-a of the executive law, 42 as amended by chapter 106 of the laws of 2003, are amended to read as 43 follows: 44 1. It shall be an unlawful discriminatory practice for any creditor or 45 any officer, agent or employee thereof: 46 a. In the case of applications for credit with respect to the 47 purchase, acquisition, construction, rehabilitation, repair or mainte- 48 nance of any housing accommodation, land or commercial space to discrim- 49 inate against any such applicant because of the race, creed, color, 50 national origin, sexual orientation, gender identity or expression, 51 military status, age, sex, marital status, disability, or familial 52 status of such applicant or applicants or any member, stockholder, 53 director, officer or employee of such applicant or applicants, or of the 54 prospective occupants or tenants of such housing accommodation, land or 55 commercial space, in the granting, withholding, extending or renewing, 56 or in the fixing of the rates, terms or conditions of, any such credit; S. 1506 124 A. 2006 1 b. To discriminate in the granting, withholding, extending or renew- 2 ing, or in the fixing of the rates, terms or conditions of, any form of 3 credit, on the basis of race, creed, color, national origin, sexual 4 orientation, gender identity or expression, military status, age, sex, 5 marital status, disability, or familial status; 6 c. To use any form of application for credit or use or make any record 7 or inquiry which expresses, directly or indirectly, any limitation, 8 specification, or discrimination as to race, creed, color, national 9 origin, sexual orientation, gender identity or expression, military 10 status, age, sex, marital status, disability, or familial status; 11 d. To make any inquiry of an applicant concerning his or her capacity 12 to reproduce, or his or her use or advocacy of any form of birth control 13 or family planning; 14 e. To refuse to consider sources of an applicant's income or to 15 subject an applicant's income to discounting, in whole or in part, 16 because of an applicant's race, creed, color, national origin, sexual 17 orientation, gender identity or expression, military status, age, sex, 18 marital status, childbearing potential, disability, or familial status; 19 f. To discriminate against a married person because such person 20 neither uses nor is known by the surname of his or her spouse. 21 This paragraph shall not apply to any situation where the use of a 22 surname would constitute or result in a criminal act. 23 2. Without limiting the generality of subdivision one of this section, 24 it shall be considered discriminatory if, because of an applicant's or 25 class of applicants' race, creed, color, national origin, sexual orien- 26 tation, gender identity or expression, military status, age, sex, mari- 27 tal status or disability, or familial status, (i) an applicant or class 28 of applicants is denied credit in circumstances where other applicants 29 of like overall credit worthiness are granted credit, or (ii) special 30 requirements or conditions, such as requiring co-obligors or reapplica- 31 tion upon marriage, are imposed upon an applicant or class of applicants 32 in circumstances where similar requirements or conditions are not 33 imposed upon other applicants of like overall credit worthiness. 34 3. It shall not be considered discriminatory if credit differen- 35 tiations or decisions are based upon factually supportable, objective 36 differences in applicants' overall credit worthiness, which may include 37 reference to such factors as current income, assets and prior credit 38 history of such applicants, as well as reference to any other relevant 39 factually supportable data; provided, however, that no creditor shall 40 consider, in evaluating the credit worthiness of an applicant, aggregate 41 statistics or assumptions relating to race, creed, color, national 42 origin, sexual orientation, gender identity or expression, military 43 status, sex, marital status or disability, or to the likelihood of any 44 group of persons bearing or rearing children, or for that reason receiv- 45 ing diminished or interrupted income in the future. 46 § 14. Paragraph (b) of subdivision 2 of section 296-b of the executive 47 law, as added by chapter 481 of the laws of 2010, is amended to read as 48 follows: 49 (b) Subject a domestic worker to unwelcome harassment based on gender, 50 race, religion, sexual orientation, gender identity or expression or 51 national origin, where such harassment has the purpose or effect of 52 unreasonably interfering with an individual's work performance by creat- 53 ing an intimidating, hostile, or offensive working environment. 54 § 15. Section 40-c of the civil rights law, as amended by chapter 2 of 55 the laws of 2002, is amended to read as follows: S. 1506 125 A. 2006 1 § 40-c. Discrimination. 1. All persons within the jurisdiction of this 2 state shall be entitled to the equal protection of the laws of this 3 state or any subdivision thereof. 4 2. No person shall, because of race, creed, color, national origin, 5 sex, marital status, sexual orientation, gender identity or expression, 6 or disability, as such term is defined in section two hundred ninety-two 7 of the executive law, be subjected to any discrimination in his or her 8 civil rights, or to any harassment, as defined in section 240.25 of the 9 penal law, in the exercise thereof, by any other person or by any firm, 10 corporation or institution, or by the state or any agency or subdivision 11 of the state. 12 § 16. Paragraph (a) of subdivision 1 of section 313 of the education 13 law, as amended by chapter 2 of the laws of 2002, is amended to read as 14 follows: 15 (a) It is hereby declared to be the policy of the state that the Amer- 16 ican ideal of equality of opportunity requires that students, otherwise 17 qualified, be admitted to educational institutions and be given access 18 to all the educational programs and courses operated or provided by such 19 institutions without regard to race, color, sex, religion, creed, mari- 20 tal status, age, sexual orientation as defined in section two hundred 21 ninety-two of the executive law, gender identity or expression as 22 defined in section two hundred ninety-two of the executive law, or 23 national origin, except that, with regard to religious or denominational 24 educational institutions, students, otherwise qualified, shall have the 25 equal opportunity to attend therein without discrimination because of 26 race, color, sex, marital status, age, sexual orientation as defined in 27 section two hundred ninety-two of the executive law, gender identity or 28 expression as defined in section two hundred ninety-two of the executive 29 law, or national origin. It is a fundamental American right for members 30 of various religious faiths to establish and maintain educational insti- 31 tutions exclusively or primarily for students of their own religious 32 faith or to effectuate the religious principles in furtherance of which 33 they are maintained. Nothing herein contained shall impair or abridge 34 that right. 35 § 17. Subdivision 3 of section 313 of the education law, as amended by 36 chapter 2 of the laws of 2002, is amended to read as follows: 37 (3) Unfair educational practices. It shall be an unfair educational 38 practice for an educational institution after September fifteenth, nine- 39 teen hundred forty-eight: 40 (a) To exclude or limit or otherwise discriminate against any person 41 or persons seeking admission as students to such institution or to any 42 educational program or course operated or provided by such institution 43 because of race, religion, creed, sex, color, marital status, age, sexu- 44 al orientation as defined in section two hundred ninety-two of the exec- 45 utive law, gender identity or expression as defined in section two 46 hundred ninety-two of the executive law, or national origin; except that 47 nothing in this section shall be deemed to affect, in any way, the right 48 of a religious or denominational educational institution to select its 49 students exclusively or primarily from members of such religion or 50 denomination or from giving preference in such selection to such members 51 or to make such selection of its students as is calculated by such 52 institution to promote the religious principles for which it is estab- 53 lished or maintained. Nothing herein contained shall impair or abridge 54 the right of an independent institution, which establishes or maintains 55 a policy of educating persons of one sex exclusively, to admit students 56 of only one sex. S. 1506 126 A. 2006 1 (b) To penalize any individual because he or she has initiated, testi- 2 fied, participated or assisted in any proceedings under this section. 3 (c) To accept any endowment or gift of money or property conditioned 4 upon teaching the doctrine of supremacy of any particular race. 5 (d) With respect to any individual who withdraws from attendance to 6 serve on active duty in the armed forces of the United States in time of 7 war, including any individual who withdrew from attendance on or after 8 August second, nineteen hundred ninety to serve on active duty in the 9 armed forces of the United States in the Persian Gulf conflict: (i) to 10 deny or limit the readmission of such individual to such institution or 11 to any educational program or course operated or provided by such insti- 12 tution because of such withdrawal from attendance or because of the 13 failure to complete any educational program or course due to such with- 14 drawal; (ii) to impose any academic penalty on such person because of 15 such withdrawal or because of the failure to complete any educational 16 program or course due to such withdrawal; (iii) to reduce or eliminate 17 any financial aid award granted to such individual which could not be 18 used, in whole or part, because of such withdrawal or because of the 19 failure to complete any educational program or course due to such with- 20 drawal; or (iv) to fail to provide a credit or refund of tuition and 21 fees paid by such individual for any semester, term or quarter not 22 completed because of such withdrawal or because of the failure to 23 complete any program or course due to such withdrawal. 24 (e) It shall not be an unfair educational practice for any educational 25 institution to use criteria other than race, religion, creed, sex, 26 color, marital status, age, sexual orientation as defined in section two 27 hundred ninety-two of the executive law, gender identity or expression 28 as defined in section two hundred ninety-two of the executive law, or 29 national origin in the admission of students to such institution or to 30 any of the educational programs and courses operated or provided by such 31 institution. 32 § 18. Section 485.00 of the penal law, as added by chapter 107 of the 33 laws of 2000, is amended to read as follows: 34 § 485.00 Legislative findings. 35 The legislature finds and determines as follows: criminal acts involv- 36 ing violence, intimidation and destruction of property based upon bias 37 and prejudice have become more prevalent in New York state in recent 38 years. The intolerable truth is that in these crimes, commonly and 39 justly referred to as "hate crimes", victims are intentionally selected, 40 in whole or in part, because of their race, color, national origin, 41 ancestry, gender, gender identity or expression, religion, religious 42 practice, age, disability or sexual orientation. Hate crimes do more 43 than threaten the safety and welfare of all citizens. They inflict on 44 victims incalculable physical and emotional damage and tear at the very 45 fabric of free society. Crimes motivated by invidious hatred toward 46 particular groups not only harm individual victims but send a powerful 47 message of intolerance and discrimination to all members of the group to 48 which the victim belongs. Hate crimes can and do intimidate and disrupt 49 entire communities and vitiate the civility that is essential to healthy 50 democratic processes. In a democratic society, citizens cannot be 51 required to approve of the beliefs and practices of others, but must 52 never commit criminal acts on account of them. Current law does not 53 adequately recognize the harm to public order and individual safety that 54 hate crimes cause. Therefore, our laws must be strengthened to provide 55 clear recognition of the gravity of hate crimes and the compelling 56 importance of preventing their recurrence. S. 1506 127 A. 2006 1 Accordingly, the legislature finds and declares that hate crimes 2 should be prosecuted and punished with appropriate severity. 3 § 19. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as 4 added by chapter 107 of the laws of 2000, are amended to read as 5 follows: 6 1. A person commits a hate crime when he or she commits a specified 7 offense and either: 8 (a) intentionally selects the person against whom the offense is 9 committed or intended to be committed in whole or in substantial part 10 because of a belief or perception regarding the race, color, national 11 origin, ancestry, gender, gender identity or expression, religion, reli- 12 gious practice, age, disability or sexual orientation of a person, 13 regardless of whether the belief or perception is correct, or 14 (b) intentionally commits the act or acts constituting the offense in 15 whole or in substantial part because of a belief or perception regarding 16 the race, color, national origin, ancestry, gender, gender identity or 17 expression, religion, religious practice, age, disability or sexual 18 orientation of a person, regardless of whether the belief or perception 19 is correct. 20 2. Proof of race, color, national origin, ancestry, gender, gender 21 identity or expression, religion, religious practice, age, disability or 22 sexual orientation of the defendant, the victim or of both the defendant 23 and the victim does not, by itself, constitute legally sufficient 24 evidence satisfying the people's burden under paragraph (a) or (b) of 25 subdivision one of this section. 26 4. For purposes of this section: 27 (a) the term "age" means sixty years old or more; 28 (b) the term "disability" means a physical or mental impairment that 29 substantially limits a major life activity[.]; 30 (c) the term "gender identity or expression" means a person's actual 31 or perceived gender-related identity, appearance, behavior, expression, 32 or other gender-related characteristic regardless of the sex assigned to 33 that person at birth, including, but not limited to, the status of being 34 transgender. 35 § 20. Subdivision 3 of section 240.30 of the penal law, as amended by 36 chapter 188 of the laws of 2014, is amended to read as follows: 37 3. With the intent to harass, annoy, threaten or alarm another person, 38 he or she strikes, shoves, kicks, or otherwise subjects another person 39 to physical contact, or attempts or threatens to do the same because of 40 a belief or perception regarding such person's race, color, national 41 origin, ancestry, gender, gender identity or expression, religion, reli- 42 gious practice, age, disability or sexual orientation, regardless of 43 whether the belief or perception is correct; or 44 § 21. The opening paragraph of section 240.31 of the penal law, as 45 amended by chapter 49 of the laws of 2006, is amended to read as 46 follows: 47 A person is guilty of aggravated harassment in the first degree when 48 with intent to harass, annoy, threaten or alarm another person, because 49 of a belief or perception regarding such person's race, color, national 50 origin, ancestry, gender, gender identity or expression, religion, reli- 51 gious practice, age, disability or sexual orientation, regardless of 52 whether the belief or perception is correct, he or she: 53 § 22. Section 240.00 of the penal law is amended by adding a new 54 subdivision 7 to read as follows: 55 7. "Gender identity or expression" means a person's actual or 56 perceived gender-related identity, appearance, behavior, expression, or S. 1506 128 A. 2006 1 other gender-related characteristic regardless of the sex assigned to 2 that person at birth, including, but not limited to, the status of being 3 transgender. 4 § 23. Paragraph (c) of subdivision 7 of section 200.50 of the criminal 5 procedure law, as amended by chapter 7 of the laws of 2007, is amended 6 to read as follows: 7 (c) in the case of any hate crime, as defined in section 485.05 of the 8 penal law, specifies, as applicable, that the defendant or defendants 9 intentionally selected the person against whom the offense was committed 10 or intended to be committed; or intentionally committed the act or acts 11 constituting the offense, in whole or in substantial part because of a 12 belief or perception regarding the race, color, national origin, ances- 13 try, gender, gender identity or expression, religion, religious prac- 14 tice, age, disability or sexual orientation of a person; and 15 § 24. This act shall take effect on the thirtieth day after it shall 16 have become a law; provided, however, that sections eighteen through 17 twenty-three of this act shall take effect on the first of November next 18 succeeding the date on which it shall have become a law. 19 PART S 20 Section 1. Section 292 of the executive law is amended by adding a new 21 subdivision 35 to read as follows: 22 35. The term "educational institution" shall mean: 23 (a) any education corporation or association which holds itself out to 24 the public to be non-sectarian and exempt from taxation pursuant to the 25 provisions of article four of the real property tax law; or 26 (b) any public school, including any school district, board of cooper- 27 ative education services, public college or public university. 28 § 2. Subdivision 4 of section 296 of the executive law, as amended by 29 chapter 106 of the laws of 2003, is amended to read as follows: 30 4. It shall be an unlawful discriminatory practice for an [education 31 corporation or association which holds itself out to the public to be 32 non-sectarian and exempt from taxation pursuant to the provisions of 33 article four of the real property tax law] educational institution to 34 deny the use of its facilities to any person otherwise qualified, or to 35 permit the harassment of any student or applicant, by reason of his 36 race, color, religion, disability, national origin, sexual orientation, 37 military status, sex, age or marital status, except that any such insti- 38 tution which establishes or maintains a policy of educating persons of 39 one sex exclusively may admit students of only one sex. 40 § 3. This act shall take effect immediately. 41 PART T 42 Section 1. Short title. This act shall be known and may be cited as 43 the "Lawful Source of Income Non-Discrimination Act of 2019". 44 § 2. Section 292 of the executive law is amended by adding a new 45 subdivision 35 to read as follows: 46 35. The term "lawful source of income" shall include, but not be 47 limited to, child support, alimony, foster care subsidies, income 48 derived from social security, or any form of federal, state, or local 49 public assistance or housing assistance including, but not limited to, 50 section 8 vouchers, or any other form of housing assistance payment or 51 credit whether or not such income or credit is paid or attributed 52 directly to a landlord, and any other forms of lawful income. S. 1506 129 A. 2006 1 § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 2 296 of the executive law, paragraphs (a), (b) and (c) as amended and 3 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended 4 to read as follows: 5 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 6 hold from any person or group of persons such housing accommodations 7 because of the race, creed, color, disability, national origin, sexual 8 orientation, military status, age, sex, marital status, lawful source of 9 income or familial status of such person or persons, or to represent 10 that any housing accommodation or land is not available for inspection, 11 sale, rental or lease when in fact it is so available. 12 (b) To discriminate against any person because of his or her race, 13 creed, color, disability, national origin, sexual orientation, military 14 status, age, sex, marital status, lawful source of income or familial 15 status in the terms, conditions or privileges of any publicly-assisted 16 housing accommodations or in the furnishing of facilities or services in 17 connection therewith. 18 (c) To cause to be made any written or oral inquiry or record concern- 19 ing the race, creed, color, disability, national origin, sexual orien- 20 tation, membership in the reserve armed forces of the United States or 21 in the organized militia of the state, age, sex, marital status, lawful 22 source of income or familial status of a person seeking to rent or lease 23 any publicly-assisted housing accommodation; provided, however, that 24 nothing in this subdivision shall prohibit a member of the reserve armed 25 forces of the United States or in the organized militia of the state 26 from voluntarily disclosing such membership. 27 (c-1) To print or circulate or cause to be printed or circulated any 28 statement, advertisement or publication, or to use any form of applica- 29 tion for the purchase, rental or lease of such housing accommodation or 30 to make any record or inquiry in connection with the prospective 31 purchase, rental or lease of such a housing accommodation which 32 expresses, directly or indirectly, any limitation, specification or 33 discrimination as to race, creed, color, national origin, sexual orien- 34 tation, military status, sex, age, disability, marital status, lawful 35 source of income or familial status, or any intent to make any such 36 limitation, specification or discrimination. 37 § 4. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of 38 section 296 of the executive law, as amended by chapter 106 of the laws 39 of 2003, are amended to read as follows: 40 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 41 from any person or group of persons such a housing accommodation because 42 of the race, creed, color, national origin, sexual orientation, military 43 status, sex, age, disability, marital status, lawful source of income or 44 familial status of such person or persons, or to represent that any 45 housing accommodation or land is not available for inspection, sale, 46 rental or lease when in fact it is so available. 47 (2) To discriminate against any person because of race, creed, color, 48 national origin, sexual orientation, military status, sex, age, disabil- 49 ity, marital status, lawful source of income or familial status in the 50 terms, conditions or privileges of the sale, rental or lease of any such 51 housing accommodation or in the furnishing of facilities or services in 52 connection therewith. 53 (3) To print or circulate or cause to be printed or circulated any 54 statement, advertisement or publication, or to use any form of applica- 55 tion for the purchase, rental or lease of such housing accommodation or 56 to make any record or inquiry in connection with the prospective S. 1506 130 A. 2006 1 purchase, rental or lease of such a housing accommodation which 2 expresses, directly or indirectly, any limitation, specification or 3 discrimination as to race, creed, color, national origin, sexual orien- 4 tation, military status, sex, age, disability, marital status, lawful 5 source of income or familial status, or any intent to make any such 6 limitation, specification or discrimination. 7 § 5. Subparagraphs 1 and 2 of paragraph (c) of subdivision 5 of 8 section 296 of the executive law, as amended by chapter 106 of the laws 9 of 2003, are amended to read as follows: 10 (1) To refuse to sell, rent or lease any housing accommodation, land 11 or commercial space to any person or group of persons or to refuse to 12 negotiate for the sale, rental or lease, of any housing accommodation, 13 land or commercial space to any person or group of persons because of 14 the race, creed, color, national origin, sexual orientation, military 15 status, sex, age, disability, marital status, lawful source of income or 16 familial status of such person or persons, or to represent that any 17 housing accommodation, land or commercial space is not available for 18 inspection, sale, rental or lease when in fact it is so available, or 19 otherwise to deny or withhold any housing accommodation, land or commer- 20 cial space or any facilities of any housing accommodation, land or 21 commercial space from any person or group of persons because of the 22 race, creed, color, national origin, sexual orientation, military 23 status, sex, age, disability, marital status, lawful source of income, 24 or familial status of such person or persons. 25 (2) To print or circulate or cause to be printed or circulated any 26 statement, advertisement or publication, or to use any form of applica- 27 tion for the purchase, rental or lease of any housing accommodation, 28 land or commercial space or to make any record or inquiry in connection 29 with the prospective purchase, rental or lease of any housing accommo- 30 dation, land or commercial space which expresses, directly or indirect- 31 ly, any limitation, specification, or discrimination as to race, creed, 32 color, national origin, sexual orientation, military status, sex, age, 33 disability, marital status, lawful source of income or familial status; 34 or any intent to make any such limitation, specification or discrimi- 35 nation. 36 § 6. Paragraph (d) of subdivision 5 of section 296 of the executive 37 law, as amended by chapter 106 of the laws of 2003, amended to read as 38 follows: 39 (d) It shall be an unlawful discriminatory practice for any real 40 estate board, because of the race, creed, color, national origin, sexual 41 orientation, military status, age, sex, disability, marital status, 42 lawful source of income or familial status of any individual who is 43 otherwise qualified for membership, to exclude or expel such individual 44 from membership, or to discriminate against such individual in the 45 terms, conditions and privileges of membership in such board. 46 § 7. This act shall take effect immediately and shall apply to all 47 causes of action filed on or after such effective date. 48 PART U 49 Section 1. Subdivision 2 of section 7-108 of the general obligations 50 law is amended by adding a new paragraph (f) to read as follows: 51 (f) Except in instances where statutes or regulations provide for a 52 lesser payment, fee, deposit or charge, no landlord, lessor, sub-lessor 53 or grantor may demand any payment, fee, deposit, or charge, including, 54 but not limited to, any payment, fee, deposit, or charge that is imposed S. 1506 131 A. 2006 1 at the beginning of the tenancy to be used to reimburse the landlord for 2 costs associated with processing a new tenant or that is imposed as an 3 advance payment of rent, used or to be used for any purpose, including a 4 security deposit, in an amount or value in excess of an amount equal to 5 two months' rent, including the first month's rent. 6 § 2. This act shall take effect immediately. 7 PART V 8 Section 1. Section 300 of the executive law, as amended by chapter 166 9 of the laws of 2000, is amended to read as follows: 10 § 300. Construction. The provisions of this article shall be construed 11 liberally for the accomplishment of the purposes thereof. Judicial 12 interpretations of similarly worded provisions of federal civil rights 13 laws are not controlling. Such interpretations of federal civil rights 14 laws establish a floor below which interpretation of this article cannot 15 fall, rather than a ceiling above which interpretation of this article 16 cannot rise. Nothing contained in this article shall be deemed to repeal 17 any of the provisions of the civil rights law or any other law of this 18 state relating to discrimination because of race, creed, color or 19 national origin; but, as to acts declared unlawful by section two 20 hundred ninety-six of this article, the procedure herein provided shall, 21 while pending, be exclusive; and the final determination therein shall 22 exclude any other state civil action[, civil or criminal,] based on the 23 same grievance of the individual concerned. If such individual insti- 24 tutes any action based on such grievance without resorting to the proce- 25 dure provided in this article, he or she may not subsequently resort to 26 the procedure herein. 27 § 2. Subdivision 21 of section 296 of the executive law, as renumbered 28 by chapter 536 of the laws of 2010, is renumbered subdivision 22 and a 29 new subdivision 21 is added to read as follows: 30 21. Harassment on the basis of any protected characteristic is an 31 unlawful discriminatory practice in any area of jurisdiction as set 32 forth in this article. Harassment includes the types of actions that 33 have been found by the courts to create a hostile environment or a 34 tangible job detriment. Such actions are an unlawful discriminatory 35 practice when they result in a person or persons being treated not as 36 well as others because of a protected characteristic. Harassment is not 37 limited only to those actions that are severe or pervasive. Harassment 38 does not include what a reasonable person with the same protected char- 39 acteristic would consider petty slights or trivial inconveniences. 40 § 3. Section 5-336 of the general obligations law, as added by section 41 1 of subpart D of part KK of chapter 57 of the laws of 2018, is amended 42 to read as follows: 43 § 5-336. Nondisclosure agreements. 1. Notwithstanding any other law to 44 the contrary, no employer, its officers or employees shall have the 45 authority to include or agree to include in any settlement, agreement or 46 other resolution of any claim, the factual foundation for which involves 47 sexual harassment, any term or condition that would prevent the disclo- 48 sure of the underlying facts and circumstances to the claim or action 49 unless the condition of confidentiality is the complainant's preference. 50 Any such term or condition must be provided to all parties, and the 51 complainant shall have twenty-one days to consider such term or condi- 52 tion. If after twenty-one days such term or condition is the 53 complainant's preference, such preference shall be memorialized in an 54 agreement signed by all parties. For a period of at least seven days S. 1506 132 A. 2006 1 following the execution of such agreement, the complainant may revoke 2 the agreement, and the agreement shall not become effective or be 3 enforceable until such revocation period has expired. 4 2. Notwithstanding any other law to the contrary, any provision in a 5 contract or other agreement between an employer or an agent of an 6 employer and any employee or potential employee of that employer entered 7 into on or after January first, two thousand twenty, that prevents the 8 disclosure of factual information related to any future claim of sexual 9 harassment, assault, or discrimination is void or unenforceable unless 10 such provision includes language ensuring that the parties to the agree- 11 ment still have the right to file a complaint about such factual infor- 12 mation with a state or local agency, and testify or otherwise partic- 13 ipate in a government investigation. 14 § 4. Subdivision 3 of section 201-g of the labor law is renumbered 15 subdivision 4 and a new subdivision 3 is added to read as follows: 16 3. The department shall consult with the division of human rights to 17 produce and distribute a workplace sexual harassment prevention poster. 18 a. Such poster shall include an explanation of sexual harassment 19 consistent with guidance issued by the department in consultation with 20 the division of human rights and information concerning employees' 21 rights of redress and all available forums for adjudicating complaints. 22 b. Every employer shall post such poster or a poster that equals or 23 exceeds the minimum standards of such poster in a conspicuous location. 24 § 5. This act shall take effect January 1, 2020. 25 PART W 26 Section 1. This act shall be known and may be cited as the "pension 27 poaching prevention act". 28 § 2. Legislative findings and intent. Nationally, veterans and their 29 family members are often subject to a practice commonly called pension 30 poaching. This troubling practice, as described in recent reports from 31 the Federal Trade Commission, the Federal Government Accountability 32 Office, the United States Department of Veterans Affairs, and several 33 other entities, generally target elderly or disabled veterans and their 34 family members. Pension poaching involves dishonest financial planners, 35 insurance agents, and other professionals luring veterans and their 36 family members to pay substantial funds for veterans' benefits services 37 that the offering entity is unqualified to provide and that can detri- 38 mentally impact the future financial situations of the veteran and his 39 or her dependents. 40 Entities engaging in pension poaching tend to use high-pressure sales 41 tactics directed toward potential customers, falsely guaranteeing bene- 42 fits for veterans and their families even when the advertising entity 43 lacks the federal accreditation required by law to file such claims and 44 appeals for federal veterans' benefits. Often, they persuade veterans 45 and their family members to abruptly move most or all of their assets to 46 potentially qualify for certain federal veterans benefits, frequently 47 causing veterans and their family members to unwittingly lose control 48 over their assets and adversely affecting the ability of veterans and 49 their families to qualify for Medicaid and other important benefits in 50 the future. These entities frequently charge extremely high fees for 51 these services, even in matters where federal law expressly prohibits 52 such fees. 53 Through this legislation, the legislature intends to restrain this 54 harmful and deceptive practice within New York State, providing neces- S. 1506 133 A. 2006 1 sary protections to the men and women of this state who courageously 2 served in our nation's armed forces. 3 § 3. The general business law is amended by adding a new section 349-f 4 to read as follows: 5 § 349-f. Pension poaching prevention. 1. For purposes of this section: 6 (a) The term "veteran" means a person who has served on active duty 7 service in the armed forces of the United States, or service in the Army 8 national guard, air national guard, commissioned officer in the public 9 health service, commissioned officer of the national oceanic atmospheric 10 administration or environmental sciences services administration, cadet 11 at a United States armed forces service academy or provisions under 38 12 U.S.C. § 106, and who has been released from such service under honor- 13 able conditions. 14 (b) The term "veterans' benefits matter" means the preparation, pres- 15 entation, or prosecution of any claim affecting any person who has filed 16 or expressed an intent to file a claim for any benefit, program, 17 service, commodity, function, or status, entitlement which is determined 18 under the laws and regulations administered by the United States depart- 19 ment of veterans affairs or the New York state division of veterans' 20 affairs pertaining to veterans, their dependents, their survivors, and 21 any other party eligible for such benefits. 22 (c) The term "compensation" means money, property, or anything else of 23 value. 24 (d) The term "entity" includes, but is not limited to, any natural 25 person, corporation, trust, partnership, alliance, or unincorporated 26 association. 27 2. (a) No entity shall receive compensation for advising or assisting 28 any party with any veterans' benefits matter, except as permitted under 29 title 38 of the United States code and the corresponding provisions 30 within title 38 of the United States code of federal regulations. 31 (b) No entity shall receive compensation for referring any party to 32 another individual to advise or assist this party with any veterans' 33 benefits matter. 34 (c) Any entity seeking to receive compensation for advising or assist- 35 ing any party with any veterans' benefits matter shall, before rendering 36 any services, memorialize all terms regarding the party's payment of 37 fees for services rendered in a written agreement, signed by both 38 parties, that adheres to all criteria specified within title 38, section 39 14.636, of the United States code of federal regulations. 40 (d) No entity shall receive any fees for any services rendered before 41 the date on which a notice of disagreement is filed with respect to the 42 veteran's case. 43 (e) No entity shall guarantee, either directly or by implication, that 44 any party is certain to receive specific veterans' benefits or that any 45 party is certain to receive a specific level, percentage, or amount of 46 veterans' benefits. 47 (f) No entity shall receive excessive or unreasonable fees as compen- 48 sation for advising or assisting any party with any veterans' benefits 49 matter. The factors articulated within title 38, section 14.636 of the 50 code of federal regulations shall govern determinations of whether a fee 51 is excessive or unreasonable. 52 3. (a) No entity shall advise or assist for compensation any party 53 with any veterans' benefits matter without clearly providing, at the 54 outset of this business relationship, the following disclosure, both 55 orally and in writing: "this business is not sponsored by, or affiliated 56 with, the United States department of veterans affairs, the New York S. 1506 134 A. 2006 1 state division of veterans' affairs, or any other congressionally char- 2 tered veterans service organization. Other organizations, including but 3 not limited to the New York state division of veterans' affairs, your 4 local county veterans service agency, and other congressionally char- 5 tered veterans service organizations, may be able to provide you with 6 this service free of charge. Products or services offered by this busi- 7 ness are not necessarily endorsed by any of these organizations. You 8 may qualify for other veterans' benefits beyond the benefits for which 9 you are receiving services here." The written disclosure must appear in 10 at least twelve-point font and must appear in a readily noticeable and 11 identifiable place in the entity's agreement with the party seeking 12 services. The party must verbally acknowledge understanding of the oral 13 disclosure and must provide his or her signature to represent under- 14 standing of these provisions on the document in which the written 15 disclosure appears. The entity offering services must retain a copy of 16 the written disclosure while providing veterans' benefits services for 17 compensation to the party and for at least one year after the date on 18 which this service relationship terminates. 19 (b) No entity shall advertise for-compensation services in veterans 20 benefits matters without including the following disclosure: "this busi- 21 ness is not sponsored by, or affiliated with, the United States depart- 22 ment of veterans affairs, the New York state division of veterans' 23 affairs, or any other congressionally chartered veterans service organ- 24 ization. Other organizations, including but not limited to the New York 25 state division of veterans' affairs, your local county veterans service 26 agency, and other congressionally chartered veterans service organiza- 27 tions, may be able to provide you with these services free of charge. 28 Products or services offered by this business are not necessarily 29 endorsed by any of these organizations. You may qualify for other veter- 30 ans' benefits beyond the services that this business offers." If the 31 advertisement is printed, including but not limited to advertisements 32 visible to internet users, the disclosure must appear in a readily visi- 33 ble place on the advertisement. If the advertisement is verbal, the 34 spoken statement of the disclosure must be clear and intelligible. 35 4. (a) Any violation of this section shall constitute a deceptive act 36 in the conduct of business, trade, or commerce, and shall be subject to 37 the provisions of section three hundred forty nine of this article, 38 including any right of action and corresponding penalties described 39 within such section. 40 (b) If an entity's violation of this section concerns a party who is 41 sixty-five years of age or older, said entity may be liable for supple- 42 mental civil penalties as established within, and subject of the terms 43 of, section three hundred forty-nine-c of this article. 44 5. If any provision of this section or its application to any person 45 or circumstance is ever held invalid, the remainder of this act or the 46 application of its provisions to other persons or circumstances shall 47 remain unaffected. 48 § 4. This act shall take effect on the one hundred twentieth day after 49 it shall have become a law. 50 PART X 51 Section 1. Subdivision 21-f of section 292 of the executive law, as 52 added by chapter 369 of the laws of 2015, is amended to read as follows: 53 21-f. The term "pregnancy-related condition" means a medical condition 54 related to pregnancy or childbirth that inhibits the exercise of a S. 1506 135 A. 2006 1 normal bodily function or is demonstrable by medically accepted clinical 2 or laboratory diagnostic techniques, including but not limited to lacta- 3 tion; provided, however, that in all provisions of this article dealing 4 with employment, the term shall be limited to conditions which, upon the 5 provision of reasonable accommodations, do not prevent the complainant 6 from performing in a reasonable manner the activities involved in the 7 job or occupation sought or held; and provided further, however, that 8 pregnancy-related conditions shall be treated as temporary disabilities 9 for the purposes of this article. 10 § 2. This act shall take effect immediately. 11 PART Y 12 Section 1. The education law is amended by adding a new section 6509-e 13 to read as follows: 14 § 6509-e. Additional definition of professional misconduct; mental 15 health professionals. 1. For the purposes of this section: 16 a. "Mental health professional" means a person subject to the 17 provisions of article one hundred fifty-three, one hundred fifty-four or 18 one hundred sixty-three of this title; or any other person designated as 19 a mental health professional pursuant to law, rule or regulation. 20 b. "Sexual orientation change efforts" (i) means any practice by a 21 mental health professional that seeks to change an individual's sexual 22 orientation, including, but not limited to, efforts to change behaviors, 23 gender identity, or gender expressions, or to eliminate or reduce sexual 24 or romantic attractions or feelings towards individuals of the same sex 25 and (ii) shall not include counseling for a person seeking to transition 26 from one gender to another, or psychotherapies that: (A) provide accept- 27 ance, support and understanding of patients or the facilitation of 28 patients' coping, social support and identity exploration and develop- 29 ment, including sexual orientation-neutral interventions to prevent or 30 address unlawful conduct or unsafe sexual practices; and (B) do not seek 31 to change sexual orientation. 32 2. It shall be professional misconduct for a mental health profes- 33 sional to engage in sexual orientation change efforts upon any patient 34 under the age of eighteen years, and any mental health professional 35 found guilty of such misconduct under the procedures prescribed in 36 section sixty-five hundred ten of this subarticle shall be subject to 37 the penalties prescribed in section sixty-five hundred eleven of this 38 subarticle. 39 § 2. The education law is amended by adding a new section 6531-a to 40 read as follows: 41 § 6531-a. Additional definition of professional misconduct; mental 42 health professionals. 1. Definitions. For the purposes of this section: 43 a. "Mental health professional" means a person subject to the 44 provisions of article one hundred thirty-one of this title. 45 b. "Sexual orientation change efforts" (i) means any practice by a 46 mental health professional that seeks to change an individual's sexual 47 orientation, including, but not limited to, efforts to change behaviors, 48 gender identity, or gender expressions, or to eliminate or reduce sexual 49 or romantic attractions or feelings towards individuals of the same sex; 50 and (ii) shall not include counseling for a person seeking to transition 51 from one gender to another, or psychotherapies that: (A) provide accept- 52 ance, support and understanding of patients or the facilitation of 53 patients' coping, social support, and identity exploration and develop- 54 ment, including sexual orientation-neutral interventions to prevent or S. 1506 136 A. 2006 1 address unlawful conduct or unsafe sexual practices; and (B) do not seek 2 to change sexual orientation. 3 2. It shall be professional misconduct for a mental health profes- 4 sional to engage in sexual orientation change efforts upon any patient 5 under the age of eighteen years, and any mental health professional 6 found guilty of such misconduct under the procedures prescribed in title 7 two-A of article two of the public health law shall be subject to the 8 penalties prescribed in section two hundred thirty-a of the public 9 health law, as added by chapter six hundred six of the laws of nineteen 10 hundred ninety-one. 11 § 3. This act shall take effect immediately. 12 PART Z 13 Section 1. Short title. This act shall be known and may be cited as 14 the "rent regulation act of 2019". 15 § 2. Rent regulation act of 2019. Notwithstanding any other provision 16 of law to the contrary, the New York state system of rent regulation 17 pursuant to chapter 576 of the laws of 1974, chapter 274 of the laws of 18 1946, chapter 329 of the laws of 1963, chapter 555 of the laws of 1982, 19 chapter 402 of the laws of 1983, chapter 116 of the laws of 1997, and 20 sections 26-501, 26-502, and 26-520 of the administrative code of the 21 city of New York, shall be extended pursuant to a chapter of the laws of 22 2019. Provided, however, such extension shall include rent regulation 23 reforms to end vacancy decontrol, amend the application of preferential 24 rent, and limit capital improvement charges based on a report on rent 25 regulation delivered to the governor by the commissioner of the division 26 of housing and community renewal ("the division") on or after March 1, 27 2019 which shall include (i) the number of rent stabilized housing 28 accommodations within the city of New York; (ii) the number of rent 29 stabilized housing accommodations outside the city of New York; (iii) 30 the number of rent controlled housing accommodations in the city of New 31 York; (iv) the number of rent controlled housing accommodations outside 32 the city of New York; (v) the number of applications for major capital 33 improvements filed with such division; (vi) the number of units which 34 are registered with such division where the amount charged to and paid 35 by the tenant is less than the registered rent for the housing accommo- 36 dation; (vii) for housing accommodations that are registered with such 37 division where the amount charged to and paid by the tenant is less than 38 the registered rent for the housing accommodation the average of the 39 difference between the registered rent for a housing accommodation and 40 the amount charged to and paid by the tenant; (viii) the number of rent 41 overcharge complaints processed by the division; and (ix) the number of 42 final overcharge orders granting an overcharge. 43 § 3. This act shall take effect immediately. 44 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 45 sion, section or part of this act shall be adjudged by any court of 46 competent jurisdiction to be invalid, such judgment shall not affect, 47 impair, or invalidate the remainder thereof, but shall be confined in 48 its operation to the clause, sentence, paragraph, subdivision, section 49 or part thereof directly involved in the controversy in which such judg- 50 ment shall have been rendered. It is hereby declared to be the intent of 51 the legislature that this act would have been enacted even if such 52 invalid provisions had not been included herein. S. 1506 137 A. 2006 1 § 3. This act shall take effect immediately provided, however, that 2 the applicable effective date of Parts A through Z of this act shall be 3 as specifically set forth in the last section of such Parts.

STATE OF NEW YORK ________________________________________________________________________ S. 1506--C A. 2006--C SENATE - ASSEMBLY January 18, 2019 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C); to amend the education law, in relation to residency requirements for the purpose of qualifying for certain scholarships and financial assistance for higher education; and to repeal certain provisions of the education law relating thereto (Part D); intentionally omitted (Part E); to amend the state finance law, in relation to the arts capital grants fund (Part F); to utilize reserves in the mortgage insurance fund for various housing purposes and for municipal relief to the city of Albany (Part G); to amend the social services law, in relation to the initial period of licensure or registration and required inspections, background clearances and training for child care providers; and to repeal certain provisions of such law relating thereto (Part H); to amend the social services law, in relation to federally required background clearances for persons working in residential foster care programs (Part I); to amend the social services law, in relation to residential programs for domestic violence victims; and repealing certain provisions of such law relat- ing thereto (Part J); to amend the family court act, the social services law and the executive law, in relation to persons in need of supervision; and to repeal certain provisions of the family court act EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12572-05-9 S. 1506--C 2 A. 2006--C relating thereto (Part K); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part L); to amend part W of chapter 54 of the laws of 2016, amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Part M); intentionally omitted (Part N); intentionally omitted (Part O); intentionally omitted (Part P); intentionally omitted (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); to amend the executive law, in relation to preventing discrimination based on lawful source of income in housing (Part T); intentionally omitted (Part U); intentionally omitted (Part V); intentionally omitted (Part W); intentionally omit- ted (Part X); intentionally omitted (Part Y); intentionally omitted (Part Z); to amend the election law, the executive law, the state finance law, the labor law, the vehicle and traffic law, the environ- mental conservation law, the public health law, the general municipal law, the military law, the domestic relations law, the education law, the mental hygiene law, the elder law, the social services law, the not-for-profit corporation law, the real property tax law, the New York state defense emergency act, the administrative code of the city of New York, and the New York city charter, in relation to changing the name of the New York state division of veterans' affairs to the New York state division of veterans' services; and to amend the execu- tive law, in relation to changing the name of the veterans' affairs commission to the veterans' services commission (Part AA); to amend the education law, in relation to the foster youth college success initiative eligibility requirements (Part BB); to amend the education law, in relation to authorizing the setting of a reduced rate of tuition at the state university of New York, the city university of New York and community colleges for certain students participating in dual or concurrent enrollment programs (Part CC); to amend the civil service law, in relation to providing that public employers, employee organizations, the state comptroller and the public employment relations board shall not be liable for and shall have a complete defense to certain claims relating to agency shop fee deductions (Part DD); and authorizing the state university of New York at Albany to lease or contract with certain tenants for the use of space in the Emerging Technology and Entrepreneurship Complex (Part EE) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2019-2020 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through EE. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, 7 including the effective date of the Part, which makes a reference to a 8 section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. S. 1506--C 3 A. 2006--C 1 PART A 2 Intentionally Omitted 3 PART B 4 Intentionally Omitted 5 PART C 6 Intentionally Omitted 7 PART D 8 Section 1. Section 609-a of the education law, as added by a chapter 9 of the laws of 2019, amending the education law constituting the Jose 10 Peralta New York state DREAM act, as proposed in legislative bill 11 numbers S. 1250 and A. 782, is REPEALED. 12 § 2. The opening paragraph of subparagraph (ii) of paragraph a of 13 subdivision 5 of section 661 of the education law, as added by a chapter 14 of the laws of 2019, amending the education law constituting the Jose 15 Peralta New York state DREAM act, as proposed in legislative bill 16 numbers S. 1250 and A. 782, is amended to read as follows: 17 An applicant who is not a legal resident of the state eligible pursu- 18 ant to subparagraph (i) of this paragraph, but is a United States citi- 19 zen, a permanent lawful resident, [a lawful non-immigrant alien] an 20 individual who is granted U or T non-immigrant status pursuant to the 21 Victims of Trafficking and Violence Protection Act of 2000, a person 22 granted temporary protected status pursuant to the Federal Immigration 23 Act of 1990, an individual of a class of refugees paroled by the attor- 24 ney general of the United States under his or her parole authority 25 pertaining to the admission of aliens to the United States, or an appli- 26 cant without lawful immigration status shall be eligible for an award at 27 the undergraduate level of study provided that the student: 28 § 3. The opening paragraph of subparagraph (ii) of paragraph b of 29 subdivision 5 of section 661 of the education law, as added by a chapter 30 of the laws of 2019, amending the education law constituting the Jose 31 Peralta New York state DREAM act, as proposed in legislative bill 32 numbers S. 1250 and A. 782, is amended to read as follows: 33 An applicant who is not a legal resident of the state eligible pursu- 34 ant to subparagraph (i) of this paragraph, but is a United States citi- 35 zen, a permanent lawful resident, [a lawful non-immigrant alien] an 36 individual who is granted U or T non-immigrant status pursuant to the 37 Victims of Trafficking and Violence Protection Act of 2000, a person 38 granted temporary protected status pursuant to the Federal Immigration 39 Act of 1990, an individual of a class of refugees paroled by the attor- 40 ney general of the United States under his or her parole authority 41 pertaining to the admission of aliens to the United States, or an appli- 42 cant without lawful immigration status shall be eligible for an award at 43 the graduate level of study provided that the student: 44 § 4. Subparagraph 10 of paragraph h of subdivision 2 of section 355 of 45 the education law, as added by a chapter of the laws of 2019, amending 46 the education law constituting the Jose Peralta New York state DREAM 47 act, as proposed in legislative bill numbers S. 1250 and A. 782, is 48 amended to read as follows: S. 1506--C 4 A. 2006--C 1 (10) Such regulations shall further provide that any student who is 2 not a legal resident of New York state but is a United States citizen, a 3 permanent lawful resident, [a lawful non-immigrant alien] an individual 4 who is granted U or T non-immigrant status pursuant to the Victims of 5 Trafficking and Violence Protection Act of 2000, a person granted tempo- 6 rary protected status pursuant to the Federal Immigration Act of 1990, 7 an individual of a class of refugees paroled by the attorney general of 8 the United States under his or her parole authority pertaining to the 9 admission of aliens to the United States, or an applicant without lawful 10 immigration status may have the payment of tuition and other fees and 11 charges reduced by state-aided programs, scholarships or other financial 12 assistance awarded under the provisions of articles thirteen, thir- 13 teen-A, fourteen and fourteen-A of this chapter, provided that the 14 student meets the requirements set forth in subparagraph (ii) of para- 15 graph a or subparagraph (ii) of paragraph b of subdivision five of 16 section six hundred sixty-one of this chapter, as applicable. 17 § 5. Paragraph (e) of subdivision 7 of section 6206 of the education 18 law, as added by a chapter of the laws of 2019, amending the education 19 law constituting the Jose Peralta New York state DREAM act, as proposed 20 in legislative bill numbers S. 1250 and A. 782, is amended to read as 21 follows: 22 (e) The trustees shall further provide that any student who is not a 23 legal resident of New York state but is a United States citizen, a 24 permanent lawful resident, [a lawful non-immigrant alien] an individual 25 who is granted U or T non-immigrant status pursuant to the Victims of 26 Trafficking and Violence Protection Act of 2000, a person granted tempo- 27 rary protected status pursuant to the Federal Immigration Act of 1990, 28 an individual of a class of refugees paroled by the attorney general of 29 the United States under his or her parole authority pertaining to the 30 admission of aliens to the United States, or an applicant without lawful 31 immigration status may have the payment of tuition and other fees and 32 charges reduced by state-aided programs, scholarships or other financial 33 assistance awarded under the provisions of articles thirteen, thir- 34 teen-A, fourteen and fourteen-A of this chapter, provided that the 35 student meets the requirements set forth in subparagraph (ii) of para- 36 graph a or subparagraph (ii) of paragraph b of subdivision five of 37 section six hundred sixty-one of this chapter, as applicable. 38 § 6. Subdivision 8-a of section 6305 of the education law, as added by 39 a chapter of the laws of 2019, amending the education law constituting 40 the Jose Peralta New York state DREAM act, as proposed in legislative 41 bill numbers S. 1250 and A. 782, is amended to read as follows: 42 8-a. The payment of tuition and other fees and charges of a student 43 who is attending a community college and who is not a legal resident of 44 New York state but is a United States citizen, a permanent lawful resi- 45 dent, [a lawful non-immigrant alien] an individual who is granted U or T 46 non-immigrant status pursuant to the Victims of Trafficking and Violence 47 Protection Act of 2000, a person granted temporary protected status 48 pursuant to the Federal Immigration Act of 1990, an individual of a 49 class of refugees paroled by the attorney general of the United States 50 under his or her parole authority pertaining to the admission of aliens 51 to the United States, or an applicant without lawful immigration status 52 may be reduced by state-aided programs, scholarships and other financial 53 assistance awarded under the provisions of articles thirteen, thir- 54 teen-A, fourteen and fourteen-A of this chapter, provided that the 55 student meets the requirements set forth in subparagraph (ii) of para- S. 1506--C 5 A. 2006--C 1 graph a or subparagraph (ii) of paragraph b of subdivision five of 2 section six hundred sixty-one of this chapter, as applicable. 3 § 7. The opening paragraph of subparagraph (ii) of paragraph (a) of 4 subdivision 2 of section 6455 of the education law, as added by a chap- 5 ter of the laws of 2019, amending the education law constituting the 6 Jose Peralta New York state DREAM act, as proposed in legislative bill 7 numbers S. 1250 and A. 782, is amended to read as follows: 8 An applicant who is not a legal resident of New York state, but who is 9 a United States citizen, a permanent lawful resident, [a lawful non-im- 10 migrant alien] an individual who is granted U or T non-immigrant status 11 pursuant to the Victims of Trafficking and Violence Protection Act of 12 2000, a person granted temporary protected status pursuant to the Feder- 13 al Immigration Act of 1990, an individual of a class of refugees paroled 14 by the attorney general of the United States under his or her parole 15 authority pertaining to the admission of aliens to the United States, or 16 an applicant without lawful immigration status, shall be eligible for an 17 award at the undergraduate level of study provided that the student: 18 § 8. The opening paragraph of subparagraph (ii) of paragraph (a) of 19 subdivision 3 of section 6455 of the education law, as added by a chap- 20 ter of the laws of 2019, amending the education law constituting the 21 Jose Peralta New York state DREAM act, as proposed in legislative bill 22 numbers S. 1250 and A. 782, is amended to read as follows: 23 An applicant who is not a legal resident of New York state, but either 24 is a United States citizen, a permanent lawful resident, [a lawful non- 25 immigrant alien] an individual who is granted U or T non-immigrant 26 status pursuant to the Victims of Trafficking and Violence Protection 27 Act of 2000, a person granted temporary protected status pursuant to the 28 Federal Immigration Act of 1990, an individual of a class of refugees 29 paroled by the attorney general of the United States under his or her 30 parole authority pertaining to the admission of aliens to the United 31 States, or an applicant without lawful immigration status shall be 32 eligible for an award at the graduate level of study provided that the 33 student: 34 § 9. This act shall take effect on the same date and in the same 35 manner as a chapter of the laws of 2019, amending the education law 36 constituting the Jose Peralta New York state DREAM act, as proposed in 37 legislative bill numbers S. 1250 and A. 782, takes effect. 38 PART E 39 Intentionally Omitted 40 PART F 41 Section 1. Section 97-z of the state finance law, as added by chapter 42 625 of the laws of 1987, subdivision 3 as amended by chapter 83 of the 43 laws of 1995, is amended to read as follows: 44 § 97-z. Arts capital [revolving] grants fund. 1. A special fund to be 45 known as the "arts capital [revolving] grants fund" is hereby estab- 46 lished in the custody of the state comptroller and the commissioner of 47 taxation and finance. 48 2. The fund shall consist of all monies appropriated for its purpose, 49 all monies transferred to such fund pursuant to law, all monies required 50 by this section or any other provision of law to be paid into or credit- 51 ed to the fund[, including payments of principal of and interest on 52 loans made from the fund] and any interest earnings which may accrue S. 1506--C 6 A. 2006--C 1 from the investment of monies in the fund. Nothing contained herein 2 shall prevent the New York state council on the arts from receiving 3 grants, gifts or bequests for the purposes of the fund as defined in 4 this section and depositing them into the fund according to law. 5 3. Monies of the fund, when allocated, shall be available for adminis- 6 trative costs of the council and to make [loans] grants to eligible 7 not-for-profit arts organizations as provided in section 3.07 of the 8 arts and cultural affairs law [and to pay the reasonable administrative 9 costs of the dormitory authority incurred in monitoring construction on 10 eligible projects and costs associated with contracts with outside enti- 11 ties to disburse loans and receive payments on such loans, as provided 12 in such section]. 13 4. Monies shall be payable from the fund on the audit and warrant of 14 the comptroller on vouchers approved and certified by the chairman of 15 the New York state council on the arts. 16 § 2. This act shall take effect immediately. 17 PART G 18 Section 1. Notwithstanding any other provision of law, the housing 19 trust fund corporation may provide, for purposes of the neighborhood 20 preservation program, a sum not to exceed $8,479,000 for the fiscal year 21 ending March 31, 2020. Within this total amount, one hundred fifty 22 thousand dollars shall be used for the purpose of entering into a 23 contract with the neighborhood preservation coalition to provide techni- 24 cal assistance and services to companies funded pursuant to article XVI 25 of the private housing finance law. Notwithstanding any other provision 26 of law, and subject to the approval of the New York state director of 27 the budget, the board of directors of the state of New York mortgage 28 agency shall authorize the transfer to the housing trust fund corpo- 29 ration, for the purposes of reimbursing any costs associated with neigh- 30 borhood preservation program contracts authorized by this section, a 31 total sum not to exceed $8,479,000, such transfer to be made from (i) 32 the special account of the mortgage insurance fund created pursuant to 33 section 2429-b of the public authorities law, in an amount not to exceed 34 the actual excess balance in the special account of the mortgage insur- 35 ance fund, as determined and certified by the state of New York mortgage 36 agency for the fiscal year 2018-2019 in accordance with section 2429-b 37 of the public authorities law, if any, and/or (ii) provided that the 38 reserves in the project pool insurance account of the mortgage insurance 39 fund created pursuant to section 2429-b of the public authorities law 40 are sufficient to attain and maintain the credit rating (as determined 41 by the state of New York mortgage agency) required to accomplish the 42 purposes of such account, the project pool insurance account of the 43 mortgage insurance fund, such transfer to be made as soon as practicable 44 but no later than June 30, 2019. 45 § 2. Notwithstanding any other provision of law, the housing trust 46 fund corporation may provide, for purposes of the rural preservation 47 program, a sum not to exceed $3,539,000 for the fiscal year ending March 48 31, 2020. Within this total amount, one hundred fifty thousand dollars 49 shall be used for the purpose of entering into a contract with the rural 50 housing coalition to provide technical assistance and services to compa- 51 nies funded pursuant to article XVI of the private housing finance law. 52 Notwithstanding any other provision of law, and subject to the approval 53 of the New York state director of the budget, the board of directors of 54 the state of New York mortgage agency shall authorize the transfer to S. 1506--C 7 A. 2006--C 1 the housing trust fund corporation, for the purposes of reimbursing any 2 costs associated with rural preservation program contracts authorized by 3 this section, a total sum not to exceed $3,539,000, such transfer to be 4 made from (i) the special account of the mortgage insurance fund created 5 pursuant to section 2429-b of the public authorities law, in an amount 6 not to exceed the actual excess balance in the special account of the 7 mortgage insurance fund, as determined and certified by the state of New 8 York mortgage agency for the fiscal year 2018-2019 in accordance with 9 section 2429-b of the public authorities law, if any, and/or (ii) 10 provided that the reserves in the project pool insurance account of the 11 mortgage insurance fund created pursuant to section 2429-b of the public 12 authorities law are sufficient to attain and maintain the credit rating 13 (as determined by the state of New York mortgage agency) required to 14 accomplish the purposes of such account, the project pool insurance 15 account of the mortgage insurance fund, such transfer to be made as soon 16 as practicable but no later than June 30, 2019. 17 § 3. Notwithstanding any other provision of law, and in addition to 18 the powers currently authorized to be exercised by the state of New York 19 municipal bond bank agency, the state of New York municipal bond bank 20 agency may provide, for purposes of municipal relief to the city of 21 Albany, a sum not to exceed five million dollars for the city fiscal 22 year ending December 31, 2019, to the city of Albany. Notwithstanding 23 any other provision of law, and subject to the approval of the New York 24 state director of the budget, the state of New York mortgage agency 25 shall transfer to the state of New York municipal bond bank agency for 26 distribution as municipal relief to the city of Albany, a total sum not 27 to exceed five million dollars, such transfer to be made from (i) the 28 special account of the mortgage insurance fund created pursuant to 29 section 2429-b of the public authorities law, in an amount not to exceed 30 the actual excess balance in the special account of the mortgage insur- 31 ance fund, as determined and certified by the state of New York mortgage 32 agency for the fiscal year 2018-2019 in accordance with section 2429-b 33 of the public authorities law, if any, and/or (ii) provided that the 34 reserves in the project pool insurance account of the mortgage insurance 35 fund created pursuant to section 2429-b of the public authorities law 36 are sufficient to attain and maintain the credit rating (as determined 37 by the agency) required to accomplish the purposes of such account, the 38 project pool insurance account of the mortgage insurance fund created 39 pursuant to section 2429-b of the public authorities law, such transfer 40 to be made as soon as practicable no later than December 31, 2019, and 41 provided further that the New York state director of the budget may 42 request additional information from the city of Albany regarding the 43 utilization of these funds and the finances and operations of the city, 44 as appropriate. 45 § 4. This act shall take effect immediately. 46 PART H 47 Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of 48 section 390 of the social services law, as added by chapter 750 of the 49 laws of 1990, is amended to read as follows: 50 (i) "Child day care" shall mean child care where a license or regis- 51 tration pursuant to this section is required and shall include care for 52 a child on a regular basis provided away from the child's residence for 53 less than twenty-four hours per day by someone other than: (1) the 54 parent, step-parent, guardian, or relative within the third degree of S. 1506--C 8 A. 2006--C 1 consanguinity of the parents or step-parents of such child; or (2) an 2 enrolled legally-exempt provider as such term is defined in paragraph 3 (g) of this subdivision. 4 § 2. Subdivision 1 of section 390 of the social services law is 5 amended by adding a new paragraph (g) to read as follows: 6 (g) "Enrolled legally exempt provider" shall mean a person who is a 7 caregiver or entity that is not required to be licensed or registered 8 pursuant to this section and that is enrolled to be a caregiver and 9 provide subsidized child care services to eligible families in accord- 10 ance with title five-C of this article and the regulations of the office 11 of children and family services. 12 § 2-a. Subdivision 2 of section 390 of the social services law is 13 amended by adding a new paragraph (d-1) to read as follows: 14 (d-1) (i) The office of children and family services shall promulgate 15 regulations for inspections of enrolled legally exempt providers, which 16 shall include the completion of a satisfactory inspection of the prem- 17 ises where care is to be provided, by the office of children and family 18 services. 19 (ii) Provided however, unless a complaint is made in or as otherwise 20 authorized such inspections shall not be required when the enrolled 21 legally exempt provider is an individual, age eighteen or older, and 22 who, by virtue of blood, marriage or court decree, is, to all of the 23 children that such person is enrolled to provide subsidized child care 24 services to in accordance with title five-C of this article: 25 (A) a grandparent; 26 (B) a great-grandparent; 27 (C) a sibling, provided that such sibling resides in a separate house- 28 hold from the child; 29 (D) an aunt; or 30 (E) an uncle. 31 § 3. Paragraph (a) of subdivision 2 of section 390 of the social 32 services law, as amended by chapter 117 of the laws of 2010, is amended 33 to read as follows: 34 (a) Child day care centers caring for seven or more children and group 35 family day care programs, as defined in subdivision one of this section, 36 shall obtain a license from the office of children and family services 37 and shall operate in accordance with the terms of such license and the 38 regulations of such office. Initial licenses [shall be valid for a peri- 39 od of up to two years;] and subsequent licenses shall be valid for a 40 period of up to four years so long as the provider remains substantially 41 in compliance with applicable law and regulations during such period. 42 § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2 43 of section 390 of the social services law, as amended by chapter 117 of 44 the laws of 2010, is amended to read as follows: 45 (A) Initial registrations [shall be valid for a period of up to two 46 years,] and subsequent registrations shall be valid for a period of up 47 to four years so long as the provider remains substantially in compli- 48 ance with applicable law and regulations during such period. 49 § 5. Paragraphs (a) and (b) of subdivision 3 of section 390 of the 50 social services law, paragraph (a) as amended by chapter 416 of the laws 51 of 2000, and paragraph (b) as amended by chapter 117 of the laws of 52 2010, are amended to read as follows: 53 (a) The office of children and family services may make announced or 54 unannounced inspections of the records and premises of any child [day] 55 care provider, whether or not such provider has a license from, or is 56 registered with, the office of children and family services. The office S. 1506--C 9 A. 2006--C 1 of children and family services shall make unannounced inspections of 2 the records and premises of any child day care provider within fifteen 3 days after the office of children and family services receives a 4 complaint that, if true, would indicate such provider does not comply 5 with the applicable regulations of the office of children and family 6 services or with statutory requirements. If the complaint indicates that 7 there may be imminent danger to the children, the office of children and 8 family services shall investigate the complaint no later than the next 9 day of operation of the provider. The office of children and family 10 services may provide for inspections through the purchase of services. 11 (b) (i) Where inspections have been made and violations of applicable 12 statutes or regulations have been found, the office of children and 13 family services shall within ten days advise the child day care provider 14 in writing of the violations and require the provider to correct such 15 violations. The office of children and family services may also act 16 pursuant to subdivisions ten and eleven of this section. 17 (ii) Where inspections have been made and violations of applicable 18 statutes or regulations have been found, the office of children and 19 family services or its designee shall, within ten days, advise the 20 enrolled legally-exempt provider in writing of the violations and 21 require the provider to correct such violations. 22 § 6. Paragraph (a) of subdivision 4 of section 390 of the social 23 services law, as amended by chapter 416 of the laws of 2000, is amended 24 to read as follows: 25 (a) The office of children and family services on an annual basis 26 shall inspect [at least twenty percent of all registered family day care 27 homes, registered child day care centers and registered school age child 28 care programs to determine whether such homes, centers and programs are 29 operating in compliance with applicable statutes and regulations. The 30 office of children and family services shall increase the percentage of 31 family day care homes, child day care centers and school age child care 32 programs which are inspected pursuant to this subdivision as follows: to 33 at least thirty percent by the thirty-first of December two thousand; 34 and to at least fifty percent by the thirty-first of December two thou- 35 sand one] all child day care programs and all enrolled legally-exempt 36 providers except when such provider is determined to be exempt in 37 accordance with subparagraph (ii) of paragraph (d-one) of subdivision 38 two of this section. The office of children and family services may 39 provide for such inspections through purchase of services. [Priority 40 shall be given to family day care homes which have never been licensed 41 or certified prior to initial registration.] 42 § 7. Subdivision 3 of section 390-a of the social services law, as 43 added by chapter 416 of the laws of 2000, paragraph (b) as amended by 44 chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter 45 117 of the laws of 2010, is amended to read as follows: 46 3. (a) The office of children and family services shall promulgate 47 regulations requiring operators, program directors, employees and 48 assistants of family day care homes, group family day care homes, 49 school-age child care programs and child day care centers to receive 50 pre-service and annual training, as applicable. Provided however that 51 such providers shall be required to receive thirty hours of training 52 every two years; provided, however, [that fifteen] any individual or 53 provider who is already in compliance with this subdivision, prior to 54 the effective date of the chapter of the laws of two thousand nineteen 55 that amended this subdivision, shall only be required to complete any 56 additional federal training requirements which they have not already S. 1506--C 10 A. 2006--C 1 completed in order to be deemed in compliance with this subdivision. 2 Fifteen hours of such training must be received within the first six 3 months of the initial licensure, registration or employment. Such train- 4 ing requirements shall also apply to any volunteer in such day care 5 homes, programs or centers who has the potential for regular and 6 substantial contact with children. The thirty hours of training required 7 during the first biennial cycle after initial licensure or registration 8 shall include training received while an application for licensure or 9 registration pursuant to section three hundred ninety of this title is 10 pending. The office of children and family services may provide this 11 training through purchase of services. 12 (b) The training required in paragraph (a) of this subdivision shall 13 address topics and subject matters required by federal law and the 14 following topics or subject matters, unless such topics or subject 15 matters are substantially covered in training that is required pursuant 16 to federal law: 17 (i) principles of childhood development, focusing on the developmental 18 stages of the age groups for which the program provides care; 19 (ii) nutrition and health needs of infants and children; 20 (iii) child day care program development; 21 (iv) safety and security procedures; 22 (v) business record maintenance and management; 23 (vi) child abuse and maltreatment identification and prevention; 24 (vii) statutes and regulations pertaining to child day care; 25 (viii) statutes and regulations pertaining to child abuse and 26 maltreatment; and 27 (ix) for operators, program directors, employees and assistants of 28 family day care homes, group family day care homes and child day care 29 centers, education and information on the identification, diagnosis and 30 prevention of shaken baby syndrome. 31 (c) For the thirty hours of biennial training required after the 32 initial period of licensure or registration, each provider who can 33 demonstrate basic competency shall determine in which of the specified 34 topics he or she needs further study, based on the provider's experience 35 and the needs of the children in the provider's care. 36 (d) Family day care home and group family day care home operators 37 shall obtain training pertaining to protection of the health and safety 38 of children, as required by regulation, prior to the issuance of a 39 license or registration by the office of children and family services. 40 (e) Upon request by the office of children and family services, the 41 child day care applicant or provider shall submit documentation demon- 42 strating compliance with the training requirements of this section. 43 § 8. The section heading of section 390-b of the social services law, 44 as added by chapter 416 of the laws of 2000, is amended to read as 45 follows: 46 Criminal history review and background clearances of child care 47 providers, generally. 48 § 9. Subdivisions 1, 2 and 3 of section 390-b of the social services 49 law are REPEALED and five new subdivisions 1, 1-a, 2, 3, 3-a and 3-b are 50 added to read as follows: 51 1. Notwithstanding any other provision of law to the contrary, and 52 subject to rules and regulations of the office of children and family 53 services and, where applicable, the division of criminal justice 54 services, the following clearances shall be conducted for entities spec- 55 ified in subdivision two of this section in the time and manner as 56 required by this section: S. 1506--C 11 A. 2006--C 1 (a) a criminal history record check with the division of criminal 2 justice services; 3 (b) a search of the criminal history repository in each state other 4 than New York where such person resides or resided during the preceding 5 five years, if applicable unless such state's criminal history record 6 information will be provided as part of the results or the clearance 7 conducted pursuant to paragraph (c) of this subdivision; 8 (c) a national criminal record check with the federal bureau of inves- 9 tigation; the division of criminal justice services is directed to 10 submit fingerprints to the federal bureau of investigation for the 11 purpose of a nationwide criminal history record check, pursuant to and 12 consistent with public law 113-186 to determine whether such persons 13 shall have a criminal history in any state or federal jurisdiction; 14 (d) a search of the New York state sex offender registry; 15 (e) a search of any state sex offender registry or repository in each 16 state other than New York where such person resides or resided during 17 the preceding five years, if applicable unless such state's sex offender 18 registry information will be provided as part of the clearance conducted 19 pursuant to paragraph (f) of this subdivision; 20 (f) a search of the national sex offender registry using the national 21 crime and information center, established under the Adam Walsh child 22 protection and safety act of 2006 (42 U.S.C. 16901 et seq.); 23 (g) a database check of the statewide central register of child abuse 24 and maltreatment in accordance with section four hundred twenty-four-a 25 of this article; and 26 (h) a search of a state-based child abuse or neglect repository of any 27 state other than New York where such person resides or resided during 28 the preceding five years; if applicable. 29 1-a. For purposes of this section, and in accordance with federal law, 30 the term "enrolled legally-exempt provider" shall refer to a person who 31 meets the definition of "enrolled legally-exempt provider" as defined in 32 paragraph (g) of subdivision one of section three hundred ninety of this 33 title and who is not an individual who is related to all children for 34 whom child care services are provided. 35 2. In relation to any child day care program and any enrolled legal- 36 ly-exempt provider: 37 (a) the clearances required pursuant to paragraphs (a), (c), (d) and 38 (g) of subdivision one of this section shall be conducted for: 39 (i) every prospective volunteer with the potential for unsupervised 40 contact with children in care; 41 (ii) every applicant to become an enrolled legally-exempt provider; 42 (iii) every prospective employee, director or operator of such a 43 program or provider; and 44 (iv) every individual eighteen years of age and over residing or who 45 begins to reside in a home where services are or will be provided in a 46 family or group family setting; and 47 (v) every individual eighteen years of age and over residing or who 48 begins to reside in a home where services are or will be provided who 49 are not related in any way to all children receiving services as or will 50 be provided by an enrolled legally exempt provider; 51 (b) notwithstanding any other provision of law to the contrary, prior 52 to October first, two thousand twenty, all clearances listed in subdivi- 53 sion one of this section that have not previously been conducted pursu- 54 ant to paragraph (a) of this subdivision and for which on-going criminal 55 history results are not already provided, shall be conducted in accord- S. 1506--C 12 A. 2006--C 1 ance with a schedule developed by the office of children and family 2 services, for all: 3 (i) existing volunteers with the potential for unsupervised contact 4 with children in care; 5 (ii) existing caregivers for an enrolled legally exempt provider; 6 (iii) existing employees, directors and operators of any such program 7 or provider; and 8 (iv) every individual eighteen years of age and over residing or who 9 begins to reside in a home where services are or will be provided in a 10 family or group family setting; and 11 (v) every individual eighteen years of age and over residing or who 12 begins to reside in a home where services are or will be provided who 13 are not related in any way to all children receiving services as or will 14 be provided by an enrolled legally exempt provider; 15 (c) notwithstanding any other provision of law to the contrary, the 16 clearances required pursuant to this section other than those for which 17 on-going criminal history results are provided, shall be conducted for a 18 person listed in subparagraphs (i), (ii), (iii) and (iv) of paragraph 19 (b) of this subdivision at least once every five years in accordance 20 with a schedule developed by the office of children and family services. 21 3. (a) Notwithstanding any other provision of law to the contrary, in 22 relation to the clearances required pursuant to this section, an indi- 23 vidual or a program or provider shall be deemed ineligible, as such term 24 is defined in paragraph (b) of this subdivision, if such individual: 25 (i) refuses to consent to such clearance; 26 (ii) knowingly makes a materially false statement in connection with 27 such a clearance; 28 (iii) is registered, or is required to be registered, on a state sex 29 offender registry or repository or the national sex offender registry 30 established under the Adam Walsh child protection and safety act of 2006 31 (42 U.S.C. 16901 et seq.); or 32 (iv) has been convicted of a crime enumerated in subparagraph (E) or 33 clauses (i) through (viii) of subparagraph (D) of paragraph (1) of 34 subdivision (C) of 42 U.S.C. 9858f. 35 (b) For purpose of this subdivision, the term "ineligible" shall mean: 36 (i) the individual who engaged in conduct listed in paragraph (a) of 37 this subdivision shall not be permitted to: 38 (1) operate, direct, be the caregiver for, or be employed by a child 39 day care program or an enrolled legally-exempt provider; or 40 (2) be a volunteer with the potential for unsupervised contact with 41 children in a child day care program or with an enrolled legally-exempt 42 provider; or 43 (3) be an enrolled legally exempt provider; or 44 (ii) in relation to child day care programs or any enrolled legally- 45 exempt providers, where child care is, or is proposed to be provided, to 46 a child in a home setting where such child does not reside, such program 47 or provider shall not be eligible to operate or to be enrolled to serve 48 children receiving child care subsidies pursuant to title five-C of this 49 article, if an individual over the age of eighteen who is not related in 50 any way to all children for whom child care services are or will be 51 provided, resides in the household where child care is, or is proposed 52 to be provided, engaged in conduct listed in paragraph (a) of this 53 subdivision. 54 3-a. (a) In relation to child day care programs and any enrolled 55 legally-exempt provider, when a clearance conducted pursuant to this 56 section reveals that any existing operator, director, caregiver, or S. 1506--C 13 A. 2006--C 1 person over the age of eighteen who is not related in any way to all 2 children for whom child care services are or will be provided, that 3 resides in a home where child care is provided in a home setting where 4 the child does not reside has been convicted of a crime other than one 5 set forth in subparagraph (iv) of paragraph (a) of subdivision three of 6 this section, the office of children and family services shall conduct a 7 safety assessment of the program and take all appropriate steps to 8 protect the health and safety of the children in the program, and may 9 deny, limit, suspend, revoke or reject such program's license or regis- 10 tration or terminate or reject such program's enrollment, as applicable, 11 unless the office of children and family services, determines in its 12 discretion, that continued operation by the child day care program or 13 enrolled legally-exempt provider will not in any way jeopardize the 14 health, safety or welfare of the children cared for in the program or by 15 the provider. 16 (b) In relation to child day care programs and any enrolled legally- 17 exempt provider, when a clearance conducted pursuant to this section 18 reveals that any existing employee or volunteer with the potential for 19 unsupervised contact with children has been convicted of a crime other 20 than one set forth in subparagraph (iv) of paragraph (a) of subdivision 21 three of this section, the office of children of family services shall 22 conduct a safety assessment of the program and take all appropriate 23 steps to protect the health and safety of the children in the program. 24 The office of children and family services may direct the program or 25 provider to terminate the employee or volunteer based on such a 26 conviction, consistent with article twenty-three-A of the correction 27 law. 28 (c) (i) In relation to any child day care programs and any enrolled 29 legally-exempt providers, where a clearance conducted pursuant to this 30 section reveals a conviction for a crime other than one set forth in 31 subparagraph (iv) of paragraph (a) of subdivision three of this section, 32 for any prospective employee or volunteer, the office of children and 33 family services may direct that such person not be hired, as applicable, 34 based on such a conviction, consistent with article twenty-three-A of 35 the correction law. 36 (ii) In relation to any child day care program and any enrolled legal- 37 ly-exempt provider, when a clearance conducted pursuant to this section 38 reveals a conviction for a crime other than one set forth in subpara- 39 graph (iv) of paragraph (a) of subdivision three of this section, for 40 any prospective caregiver seeking enrollment, or applicant to be a 41 director or operator, the office of children and family services may 42 deny the application or enrollment, consistent with article 43 twenty-three-A of the correction law. 44 (d) (i) Where a clearance conducted pursuant to this section reveals 45 that an applicant to be the operator or director of a child day care 46 program, or applicant to be a caregiver, or anyone who is not related in 47 any way to all children for whom child care services will be provided, 48 resides in the home over the age of eighteen where child day care is 49 proposed to be provided to children in a home-based setting has been 50 charged with a crime, the office of children and family services shall 51 hold the application in abeyance until the charge is finally resolved. 52 (ii) Where a clearance conducted pursuant to this section reveals that 53 the current operator or director of a child day care program, or any 54 person over the age of eighteen who is not related in any way to all 55 children for whom child care services will be provided, that resides in 56 a home where child day care is provided has been charged with a crime, S. 1506--C 14 A. 2006--C 1 the office of children and family services shall conduct a safety 2 assessment of the program and take all appropriate steps to protect the 3 health and safety of children in the program. The office of children and 4 family services may suspend a license or registration or terminate 5 enrollment based on such a charge when necessary to protect the health 6 and safety of children in the program. 7 (iii) Where a clearance conducted pursuant to this section reveals 8 that an existing caregiver, volunteer or an existing employee of an 9 enrolled legally-exempt provider or any person over the age of eighteen 10 that resides in a home where the child care is provided by an enrolled 11 legally-exempt provider in a home setting where the child does not 12 reside, has been charged with a crime, the office of children and family 13 services shall take one or more of the following steps: 14 (A) Conduct a safety assessment; or 15 (B) Take all appropriate steps to protect the health and safety of 16 children in the program. 17 (iv) Where a clearance conducted pursuant to this section reveals that 18 an applicant to be an employee or volunteer with the potential for unsu- 19 pervised contact with children of a child day care program or enrolled 20 legally-exempt provider has been charged with a crime, the office shall 21 hold the application in abeyance until the charge is finally resolved. 22 (v) Where a clearance conducted pursuant to this section reveals that 23 a current employee, or current volunteer with the potential for unsuper- 24 vised contact with children of a child day care program has been charged 25 with a crime, the office of children and family services shall conduct a 26 safety assessment of the program and take all appropriate steps to 27 protect the health and safety of the children in the program. 28 3-b. All persons who are subjected to a criminal history and back- 29 ground clearance and safety assessment pursuant to this section who the 30 office of children and family services determines: (i) should be denied 31 enrollment, employment, or the ability to volunteer pursuant to a back- 32 ground clearance analysis performed by the office of children and family 33 services, and (ii) where such denial is not based on an offense listed 34 in paragraph (a) of subdivision three of this section, shall have the 35 ability to request a de novo review of the article twenty-three-a of the 36 correction law determination in an administrative hearing before an 37 administrative law judge, to be held and completed before the present 38 employer is notified of such clearance determination. Such person shall 39 have reasonable notice concerning the determination, and information 40 regarding how to request a hearing to review that determination, and an 41 opportunity to provide any additional information that such person deems 42 relevant to such determination. Such person may choose to be heard in 43 person, by video conference if reasonably available, or through 44 submission of written materials. Where such request is made, the office 45 of children and family services shall also have an opportunity to be 46 heard. 47 § 10. Subdivision 6 of section 390-b of the social services law is 48 REPEALED and a new subdivision 6 is added to read as follows: 49 6. The office of children and family services shall pay any required 50 processing fee for a criminal history or sex offender clearance pursuant 51 to this section. The office of children and family services shall 52 promptly submit fingerprints obtained pursuant to this section and such 53 processing fee to the division of criminal justice services. 54 § 11. Subdivision 7 of section 390-b of the social services law, as 55 added by chapter 416 of the laws of 2000, is amended to read as follows: S. 1506--C 15 A. 2006--C 1 7. Where the office of children and family services or its designee 2 denies or directs a child day care or an enrolled legally-exempt provid- 3 er to deny an application based on the criminal history record[,]; (a) 4 the provider must notify the applicant that such record is the basis of 5 the denial; and (b) the office of children and family services shall 6 also notify as the case may be, such current or prospective operator, 7 director, employee, assistant, legally exempt provider, volunteer with 8 the potential for unsupervised contact with children or other person 9 eighteen years of age or older, who resides in the home where care is 10 provided, other than the child's home, that the criminal record check 11 was the basis for the denial of clearance and shall provide such indi- 12 vidual with a copy of the results of the national criminal record check 13 upon which such denial was based together with a written statement 14 setting forth the reasons for such denial, as well as a copy of article 15 twenty-three-A of the correction law and inform such individual of his 16 or her right to seek correction of any incorrect information contained 17 in such national record check provided by the federal bureau of investi- 18 gation. 19 § 12. Subdivisions 9 and 10 of section 390-b of the social services 20 law, as added by chapter 416 of the laws of 2000, are amended and a new 21 subdivision 11 is added to read as follows: 22 9. (a) Any criminal history record provided by the division of crimi- 23 nal justice services, and any summary of the criminal history record 24 provided by the office of children and family services to a [child day 25 care provider] person that receives a clearance pursuant to this 26 section, is confidential and shall not be available for public 27 inspection; provided, however, nothing herein shall prevent [a child day 28 care provider or] the office of children and family services from 29 disclosing criminal history information or the individual from disclos- 30 ing his or her criminal history information at any administrative or 31 judicial proceeding relating to the denial or revocation of an applica- 32 tion, employment, license or registration. The subject of a criminal 33 history review conducted pursuant to this section shall be entitled to 34 receive, upon written request, a copy of the summary of the criminal 35 history record [provided by the office of children and family services 36 to the child day care provider]. Unauthorized disclosure of such 37 records or reports shall be subject [the provider] to civil penalties in 38 accordance with the provisions of subdivision eleven of section three 39 hundred ninety of this title. 40 (b) The office of children and family services shall not release the 41 content of the results of the nationwide criminal history record check 42 conducted by the federal bureau of investigation in accordance with this 43 subdivision to any non-public entity. 44 10. A child day care or enrolled legally-exempt provider shall advise 45 the office of children and family services when an individual who is 46 subject to criminal history record review in accordance with subdivision 47 one or two of this section is no longer subject to such review. The 48 office of children and family services shall inform the division of 49 criminal justice services when an individual who is subject to criminal 50 history review is no longer subject to such review so that the division 51 of criminal justice services may terminate its retain processing with 52 regard to such person. At least once a year, the office of children and 53 family services will be required to conduct a validation of the records 54 maintained by the division of criminal justice services. 55 11. Child day care centers which are not subject to the provisions of 56 section three hundred ninety of this title shall not be subject to the S. 1506--C 16 A. 2006--C 1 provisions of this section, provided however, that the city of New York 2 shall require that such child day care centers meet the requirements of 3 any federal laws and regulations pertaining to the child care develop- 4 ment and block grant and the related federally approved plans of the 5 state of New York. 6 § 13. Subparagraph (z) of paragraph (A) of subdivision 4 of section 7 422 of the social services law, as amended by section 11 of part L of 8 chapter 56 of the laws of 2015, is amended to read as follows: 9 (z) an entity with appropriate legal authority in another state to 10 license, certify or otherwise approve prospective foster parents, 11 prospective adoptive parents, prospective relative guardians [or], 12 prospective successor guardians or child care program where disclosure 13 of information regarding such prospective foster or prospective adoptive 14 parents or prospective relative or prospective successor guardians and 15 other persons over the age of eighteen residing in the home of such 16 persons [is] or where child care is provided, as required under either 17 title IV-E of the federal social security act or the federal child care 18 and development block grant act (section nine thousand eight hundred 19 fifty-eight, et seq. of title forty-two of the United States Code); and 20 § 14. Paragraph (a) of subdivision 1 of section 424-a of the social 21 services law, as amended by section 12 of part L of chapter 56 of the 22 laws of 2015, is amended to read as follows: 23 (a) (i) A licensing agency shall inquire of the department and the 24 department shall, subject to the provisions of paragraph (e) of this 25 subdivision, inform such agency and the subject of the inquiry whether 26 an applicant for a certificate, license or permit, [assistants to group 27 family day care providers,] the director of a camp subject to the 28 provisions of article thirteen-B of the public health law, a prospective 29 successor guardian when a clearance is conducted pursuant to paragraph 30 (d) of subdivision two of section four hundred fifty-eight-b of this 31 article, and any person over the age of eighteen who resides in the home 32 of a person who has applied to become an adoptive parent or a foster 33 parent [or to operate a family day care home or group family day care 34 home] or any person over the age of eighteen residing in the home of a 35 prospective successor guardian when a clearance is conducted of a 36 prospective successor guardian pursuant to this paragraph, has been or 37 is currently the subject of an indicated child abuse and maltreatment 38 report on file with the statewide central register of child abuse and 39 maltreatment. 40 (ii) A licensing agency shall inquire of the office whether an appli- 41 cant for a certificate, license or permit to operate a child care 42 program including a family day care home, group family day care home, 43 child care center, school age child care program, or enrolled legally 44 exempt provider or an employee, volunteer or applicant to be an employee 45 or volunteer in such program who has potential for regular and substan- 46 tial contact with children in the program, is the confirmed subject of 47 an indicated child abuse report maintained by the statewide central 48 register of child abuse and maltreatment. The office shall promulgate 49 regulations related to the process by which providers and applicants 50 will be informed whether the applicant is authorized or unauthorized to 51 care for children based on the outcome of such inquiry. 52 (iii) A licensing agency shall inquire of the office whether any 53 person age eighteen or older who is not related in any way to all chil- 54 dren for whom care is provided that resides on the premises of where 55 child care is provided in a setting that is not the child's own home by 56 an enrolled legally-exempt provider as such term is defined in subdivi- S. 1506--C 17 A. 2006--C 1 sion one-a of section three hundred ninety-b of this chapter is the 2 confirmed subject of an indicated child abuse report maintained by the 3 statewide central register of child abuse and maltreatment. The office 4 shall promulgate regulations related to the process by which providers 5 and applicants will be informed whether the applicant is authorized or 6 unauthorized to care for children based on the outcome of such inquiry. 7 (iv) A licensing agency conducting inquiries pursuant to subparagraphs 8 (ii) and (iii) of this paragraph may inquire of the office whether any 9 person who is to be hired as a consultant by such agency who has the 10 potential for regular and substantial contact with individuals who are 11 cared for by the agency is the subject of an indicated child abuse and 12 maltreatment report on file with the statewide central register of child 13 abuse and maltreatment. The office shall promulgate regulations related 14 to the process by which providers and applicants will be informed wheth- 15 er the applicant is authorized or unauthorized to care for children 16 based on the outcome of such inquiry. 17 (v) A licensing agency conducting inquiries pursuant to subparagraphs 18 (ii) and (iii) or this paragraph may inquire of the office whether any 19 person who has volunteered his or her services to such agency and who 20 will have the potential for regular and substantial contact with indi- 21 viduals who are cared for by the agency, is the subject of an indicated 22 child abuse and maltreatment report on file with the statewide central 23 register of child abuse and maltreatment. The office shall promulgate 24 regulations related to the process by which providers and applicants 25 will be informed whether the applicant is authorized or unauthorized to 26 care for children based on the outcome of such inquiry. 27 § 14-a. Subdivision 3 of section 424-a of the social services law, as 28 amended by section 6 of part C of chapter 57 of the laws of 2018, is 29 amended to read as follows: 30 3. For purposes of this section, the term "provider" or "provider 31 agency" shall mean: an authorized agency; the office of children and 32 family services; juvenile detention facilities subject to the certif- 33 ication of the office of children and family services; programs estab- 34 lished pursuant to article nineteen-H of the executive law; non-residen- 35 tial or residential programs or facilities licensed or operated by the 36 office of mental health or the office for people with developmental 37 disabilities except family care homes; [licensed child day care 38 centers,] including head start programs which are funded pursuant to 39 title V of the federal economic opportunity act of nineteen hundred 40 sixty-four, as amended; early intervention service established pursuant 41 to section twenty-five hundred forty of the public health law; preschool 42 services established pursuant to section forty-four hundred ten of the 43 education law; [school-age child care programs;] special act school 44 districts as enumerated in chapter five hundred sixty-six of the laws of 45 nineteen hundred sixty-seven, as amended; programs and facilities 46 licensed by the office of alcoholism and substance abuse services; resi- 47 dential schools which are operated, supervised or approved by the educa- 48 tion department; health homes, or any subcontractor of such health 49 homes, who contracts with or is approved or otherwise authorized by the 50 department of health to provide health home services to all those 51 enrolled pursuant to a diagnosis of a developmental disability as 52 defined in subdivision twenty-two of section 1.03 of the mental hygiene 53 law and enrollees who are under twenty-one years of age under section 54 three hundred sixty-five-l of this chapter, or any entity that provides 55 home and community based services to enrollees who are under twenty-one 56 years of age under a demonstration program pursuant to section eleven S. 1506--C 18 A. 2006--C 1 hundred fifteen of the federal social security act; publicly-funded 2 emergency shelters for families with children, provided, however, for 3 purposes of this section, when the provider or provider agency is a 4 publicly-funded emergency shelter for families with children, then all 5 references in this section to the "potential for regular and substantial 6 contact with individuals who are cared for by the agency" shall mean the 7 potential for regular and substantial contact with children who are 8 served by such shelter; and any other facility or provider agency, as 9 defined in subdivision four of section four hundred eighty-eight of this 10 chapter, in regard to the employment of staff, or use of providers of 11 goods and services and staff of such providers, consultants, interns and 12 volunteers. 13 § 15. Subdivision 4 of section 424-a of the social services law, as 14 amended by section 14 of part L of chapter 56 of the laws of 2015, is 15 amended to read as follows: 16 4. For purposes of this section, the term "licensing agency" shall 17 mean an authorized agency which has received an application to become an 18 adoptive parent or an authorized agency which has received an applica- 19 tion for a certificate or license to receive, board or keep any child 20 pursuant to the provisions of section three hundred seventy-six or three 21 hundred seventy-seven of this article or an authorized agency which has 22 received an application from a relative within the second degree or 23 third degree of consanguinity of the parent of a child or a relative 24 within the second degree or third degree of consanguinity of the step- 25 parent of a child or children, or the child's legal guardian for 26 approval to receive, board or keep such child, or an authorized agency 27 that conducts a clearance pursuant to paragraph (d) of subdivision two 28 of section four hundred fifty-eight-b of this article, or a state or 29 local governmental agency which receives an application to provide child 30 day care services in a child day care center, school-age child care 31 program, family day care home or group family day care home or enrolled 32 legally-exempt provider as such term is defined in subdivision one-a of 33 section three hundred ninety-b of this article pursuant to the 34 provisions of section three hundred ninety of this article, or the 35 department of health and mental hygiene of the city of New York, when 36 such department receives an application for a certificate of approval to 37 provide child day care services in a child day care center pursuant to 38 the provisions of the health code of the city of New York, or the office 39 of mental health or the office for people with developmental disabili- 40 ties when such office receives an application for an operating certif- 41 icate pursuant to the provisions of the mental hygiene law to operate a 42 family care home, or a state or local governmental official who receives 43 an application for a permit to operate a camp which is subject to the 44 provisions of article thirteen-B of the public health law or the office 45 of children and family services which has received an application for a 46 certificate to receive, board or keep any child at a foster family home 47 pursuant to articles nineteen-G and nineteen-H of the executive law or 48 any other facility or provider agency, as defined in subdivision four of 49 section four hundred eighty-eight of this chapter, in regard to any 50 licensing or certification function carried out by such facility or 51 agency. 52 § 16. Severability. If any clause, sentence, paragraph, subdivision, 53 section or part contained in any part of this act shall be adjudged by 54 any court of competent jurisdiction to be invalid, such judgment shall 55 not affect, impair, or invalidate the remained thereof, but shall by 56 confined in its operation to the clause, sentence, paragraph, subdivi- S. 1506--C 19 A. 2006--C 1 sion, section or part contained in any part thereof directly involved in 2 the controversy in which such judgment shall have been rendered. It is 3 hereby declared to be the intent of the legislature that this act would 4 have been enacted even if such invalid provisions had not be included 5 herein. 6 § 17. This act shall take effect immediately; provided, however that 7 sections one, two, two-a, eight, nine, ten, eleven, twelve, thirteen, 8 fourteen and fifteen of this act shall take effect September 1, 2019; 9 and provided, further that sections three, four, five and six of this 10 act shall take effect September 30, 2019; and provided, further, that 11 the office of children and family services is authorized to promulgate 12 any rules or regulations necessary for the implementation of this act on 13 its effective date. 14 PART I 15 Section 1. Subdivision 1 of section 378-a of the social services law, 16 as amended by chapter 83 of the laws of 2013, is amended to read as 17 follows: 18 1. Every authorized agency which operates a residential program for 19 children licensed or certified by the office of children and family 20 services, and the office of children and family services in relation to 21 any juvenile justice program it operates, shall request that the justice 22 center for the protection of people with special needs check, and upon 23 such request, such justice center shall request and shall be authorized 24 to receive from the division of criminal justice services and the feder- 25 al bureau of investigation criminal history information, as such phrase 26 is defined in paragraph (c) of subdivision one of section eight hundred 27 forty-five-b of the executive law concerning each prospective operator, 28 employee or volunteer of such a residential program who will have regu- 29 lar and substantial unsupervised or unrestricted physical contact with 30 children in such program. 31 (a) Provided however, any authorized agency required to request crimi- 32 nal history information pursuant to this subdivision that operates a 33 residential program for foster children that is licensed or certified by 34 the office of children and family services shall request that the 35 justice center for the protection of people with special needs check, 36 and upon such request, such justice center shall request and shall be 37 authorized to receive from the division of criminal justice services and 38 the federal bureau of investigation criminal history information, as 39 such phrase is defined in paragraph (c) of subdivision one of section 40 eight hundred forty-five-b of the executive law, for every: (i) prospec- 41 tive employee of such program that is not already required to be cleared 42 pursuant to the opening paragraph of this subdivision; and (ii) notwith- 43 standing any other provision of law to the contrary, prior to April 44 first, two thousand twenty and in accordance with a schedule developed 45 by the office of children and family services, any person who is 46 employed in a residential foster care program that has not previously 47 had a clearance conducted pursuant to this section in connection to such 48 employment. 49 (b) For the purposes of this section, "operator" shall include any 50 natural person with an ownership interest in the authorized agency. 51 (c) Access to and the use of [such] information obtained pursuant to 52 this subdivision shall be governed by the provisions of section eight 53 hundred forty-five-b of the executive law. S. 1506--C 20 A. 2006--C 1 § 2. Paragraph A of subdivision 4 of section 422 of the social 2 services law, is amended by adding a new subparagraph (bb) to read as 3 follows: 4 (bb) an entity with appropriate legal authority in another state to 5 license, certify or otherwise approve residential programs for foster 6 children where disclosure of information regarding any prospective or 7 current employee of such program is required by paragraph twenty of 8 subdivision (a) of section six hundred seventy-one of title forty-two of 9 the United States code. 10 § 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section 11 424-a of the social services law, as amended by section 8-a of part D of 12 chapter 501 of the laws of 2012, is amended to read as follows: 13 (i) (A) Subject to the provisions of subdivision seven of this 14 section, a provider agency shall inquire of the office and the office 15 shall, subject to the provisions of paragraph (e) of this subdivision, 16 inform such agency and the subject of the inquiry whether any person who 17 is actively being considered for employment and who will have the poten- 18 tial for regular and substantial contact with individuals who are cared 19 for by the agency, is the subject of an indicated child abuse and 20 maltreatment report on file with the statewide central register of child 21 abuse and maltreatment prior to permitting such person to have unsuper- 22 vised contact with such individuals. Such agency may inquire of the 23 office and the office shall inform such agency and the subject of the 24 inquiry whether any person who is currently employed and who has the 25 potential for regular and substantial contact with individuals who are 26 cared for by such agency is the subject of an indicated child abuse and 27 maltreatment report on file with the statewide central register of child 28 abuse and maltreatment. A provider agency shall also inquire of the 29 office and the office shall inform such agency and the subject of the 30 inquiry whether any person who is employed by an individual, corpo- 31 ration, partnership or association which provides goods or services to 32 such agency who has the potential for regular and substantial contact 33 with individuals who are cared for by the agency, is the subject of an 34 indicated child abuse and maltreatment report on file with the statewide 35 central register of child abuse and maltreatment prior to permitting 36 such person to have unsupervised contact with such individuals. 37 Inquiries made to the office pursuant to this subparagraph by a provider 38 agency on current employees shall be made no more often than once in any 39 six month period. 40 (B) Notwithstanding clause (A) of this subparagraph, where the provid- 41 er agency is an authorized agency that operates a residential program 42 for foster children that is licensed or certified by the office of chil- 43 dren and family services such agency shall inquire of the office and the 44 office shall, subject to the provisions of paragraph (e) of this subdi- 45 vision, inform such agency and the subject of the inquiry whether: 46 (I) any person who is actively being considered for employment in such 47 program who is not already required to be cleared pursuant to clause (A) 48 of this subparagraph is the subject of an indicated child abuse and 49 maltreatment report on file with the statewide central register of child 50 abuse and maltreatment; and 51 (II) Notwithstanding any other provision of law to the contrary, prior 52 to April first, two thousand twenty and in accordance with a schedule 53 developed by the office of children and family services, whether any 54 person who is employed in a residential foster care program that has not 55 previously had a clearance conducted pursuant to this subparagraph in 56 connection to such employment is the subject of an indicated child abuse S. 1506--C 21 A. 2006--C 1 and maltreatment report on file with the statewide central register of 2 child abuse and maltreatment. 3 § 4. This act shall take effect July 1, 2019. 4 PART J 5 Section 1. The section heading and the opening paragraph of subdivi- 6 sion 1 of section 131-u of the social services law, as amended by chap- 7 ter 169 of the laws of 1994, is amended to read as follows: 8 Domestic violence services [to eligible persons]. 9 Notwithstanding any inconsistent provision of law, a social services 10 district shall, in accordance with the provisions of this section and 11 regulations of the department, offer and provide emergency shelter and 12 services at a residential program for victims of domestic violence, as 13 defined in article six-A of this chapter, to the extent that such shel- 14 ter and services are necessary and available to a victim of domestic 15 violence, as defined in article six-A of this chapter, and in need of 16 emergency shelter and services, who was residing in the social services 17 district at the time of the alleged domestic violence [and who:]. 18 § 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u of the 19 social services law are REPEALED. 20 § 3. Subdivision 2 of section 131-u of the social services law, as 21 amended by chapter 169 of the laws of 1994, is amended to read as 22 follows: 23 2. The department shall annually establish, subject to the approval of 24 the director of the budget, a daily rate of reimbursement for each resi- 25 dential program for victims of domestic violence, as defined in article 26 six-A of this chapter, certified by the department which provides emer- 27 gency shelter and services to persons eligible for such emergency shel- 28 ter and services pursuant to this section. A social services district 29 financially responsible for a victim of domestic violence shall reim- 30 burse a residential program for victims of domestic violence for the 31 costs of emergency shelter and services provided to such victim at the 32 daily reimbursement rate established by the department reduced by [the 33 sum of all fees which such victim is able to pay toward the costs of 34 such shelter and services as determined in accordance with the public 35 assistance budgeting rules set forth in the regulations of the depart- 36 ment and by] any [third party] other reimbursement available for such 37 costs. 38 § 4. Section 459-f of the social services law, as amended by chapter 39 169 of the laws of 1994, is amended to read as follows: 40 § 459-f. [Fees] Payment for services. [Any program defined in subdivi- 41 sion four of section four hundred fifty-nine-a of this article may 42 charge a service fee to a victim of domestic violence who is able to pay 43 all or part of the costs of the emergency shelter and services provided 44 to the victim.] Payments by a social services district to a residential 45 program for victims of domestic violence for the costs of emergency 46 shelter and services provided to a victim of domestic violence at the 47 daily reimbursement rate determined by the department in accordance with 48 section one hundred thirty-one-u of this chapter shall be reduced by the 49 sum of [all fees which such victim is able to pay toward the costs of 50 such shelter and services as determined in accordance with the public 51 assistance budgeting rules set forth in the regulations of the depart- 52 ment and by] any [third party] other reimbursement available for such 53 costs. 54 § 5. This act shall take effect April 1, 2019. S. 1506--C 22 A. 2006--C 1 PART K 2 Section 1. Section 712 of the family court act, as amended by chapter 3 920 of the laws of 1982, subdivision (a) as amended by section 7 of part 4 G of chapter 58 of the laws of 2010, subdivision (b) as amended by chap- 5 ter 465 of the laws of 1992, subdivision (g) as amended by section 2 of 6 part B of chapter 3 of the laws of 2005, subdivision (h) as added by 7 chapter 7 of the laws of 1999, subdivision (i) as amended and subdivi- 8 sions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, 9 is amended to read as follows: 10 § 712. Definitions. As used in this article, the following terms shall 11 have the following meanings: 12 (a) "Person in need of supervision". A person less than eighteen years 13 of age: (i) who does not attend school in accordance with the provisions 14 of part one of article sixty-five of the education law [or]; (ii) who is 15 incorrigible, ungovernable or habitually disobedient and beyond the 16 lawful control of a parent or other person legally responsible for such 17 child's care, or other lawful authority[, or]; (iii) who violates the 18 provisions of: (1) section 221.05; or (2) 230.00 of the penal law[,]; 19 (iv) or who appears to be a sexually exploited child as defined in para- 20 graph (a), (c) or (d) of subdivision one of section four hundred forty- 21 seven-a of the social services law, but only if the child consents to 22 the filing of a petition under this article. 23 (b) ["Detention"] "Pre-dispositional placement". The temporary care 24 and maintenance of children away from their own homes [as defined in 25 section five hundred two of the executive law] pursuant to section seven 26 hundred twenty of this article. 27 [(c) "Secure detention facility". A facility characterized by phys- 28 ically restricting construction, hardware and procedures. 29 (d) "Non-secure detention facility". A facility characterized by the 30 absence of physically restricting construction, hardware and procedures. 31 (e)] (c) "Fact-finding hearing". A hearing to determine whether the 32 respondent did the acts alleged to show that he or she violated a law or 33 is incorrigible, ungovernable or habitually disobedient and beyond the 34 control of his or her parents, guardian or legal custodian. 35 [(f)] (d) "Dispositional hearing". A hearing to determine whether the 36 respondent requires supervision or treatment. 37 [(g)] (e) "Aggravated circumstances". Aggravated circumstances shall 38 have the same meaning as the definition of such term in subdivision (j) 39 of section one thousand twelve of this act. 40 [(h)] (f) "Permanency hearing". A hearing held in accordance with 41 paragraph (b) of subdivision two of section seven hundred fifty-four or 42 section seven hundred fifty-six-a of this article for the purpose of 43 reviewing the foster care status of the respondent and the appropriate- 44 ness of the permanency plan developed by the social services official on 45 behalf of such respondent. 46 [(i)] (g) "Diversion services". Services provided to children and 47 families pursuant to section seven hundred thirty-five of this article 48 for the purpose of avoiding the need to file a petition or direct the 49 [detention] pre-dispositional placement of the child. Diversion services 50 shall include: efforts to adjust cases pursuant to this article before a 51 petition is filed, or by order of the court, after the petition is filed 52 but before fact-finding is commenced; and preventive services provided 53 in accordance with section four hundred nine-a of the social services 54 law to avert the placement of the child [into foster care], including 55 crisis intervention and respite services. Diversion services may also S. 1506--C 23 A. 2006--C 1 include, in cases where any person is seeking to file a petition that 2 alleges that the child has a substance use disorder or is in need of 3 immediate detoxification or substance use disorder services, an assess- 4 ment for substance use disorder; provided, however, that notwithstanding 5 any other provision of law to the contrary, the designated lead agency 6 shall not be required to pay for all or any portion of the costs of such 7 assessment or substance use disorder or detoxification services, except 8 in cases where medical assistance for needy persons may be used to pay 9 for all or any portion of the costs of such assessment or services. 10 [(j)] (h) "Substance use disorder". The misuse of, dependence on, or 11 addiction to alcohol and/or legal or illegal drugs leading to effects 12 that are detrimental to the person's physical and mental health or the 13 welfare of others. 14 [(k)] (i) "Assessment for substance use disorder". Assessment by a 15 provider that has been certified by the office of alcoholism and 16 substance abuse services of a person less than eighteen years of age 17 where it is alleged that the youth is suffering from a substance use 18 disorder which could make a youth a danger to himself or herself or 19 others. 20 [(l)] (j) "A substance use disorder which could make a youth a danger 21 to himself or herself or others". A substance use disorder that is 22 accompanied by the dependence on, or the repeated use or abuse of, drugs 23 or alcohol to the point of intoxication such that the person is in need 24 of immediate detoxification or other substance use disorder services. 25 [(m)] (k) "Substance use disorder services". Substance use disorder 26 services shall have the same meaning as provided for in section 1.03 of 27 the mental hygiene law. 28 § 2. The part heading of part 2 of article 7 of the family court act 29 is amended to read as follows: 30 CUSTODY [AND DETENTION] 31 § 3. Section 720 of the family court act, as amended by chapter 419 of 32 the laws of 1987, subdivision 3 as amended by section 9 of subpart B of 33 part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by 34 section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c) 35 of subdivision 5 as added by section 8 of part G of chapter 58 of the 36 laws of 2010, is amended to read as follows: 37 § 720. [Detention] Pre-dispositional placement. 1. No child to whom 38 the provisions of this article may apply, shall be detained in any pris- 39 on, jail, lockup, or other place used for adults or children convicted 40 of crime or under arrest and charged with a crime. 41 2. The detention of a child in a secure detention or non-secure facil- 42 ity shall not be directed under any of the provisions of this article. 43 3. [Detention] Pre-dispositional placement of a person alleged to be 44 or adjudicated as a person in need of supervision shall[, except as 45 provided in subdivision four of this section,] be authorized only in a 46 foster care program certified by the office of children and family 47 services or a short-term safe house in accordance with section seven 48 hundred thirty-nine of this article, or a certified or approved family 49 boarding home[, or a non-secure detention facility certified by the 50 office and in accordance with section seven hundred thirty-nine of this 51 article] pursuant to the social services law. The setting of the 52 [detention] placement shall take into account: 53 (a) [the] The proximity to the community in which the person alleged 54 to be or adjudicated as a person in need of supervision lives with such 55 person's parents or to which such person will be discharged[,]; and S. 1506--C 24 A. 2006--C 1 (b) [the] The existing educational setting of such person and the 2 proximity of such setting to the location of the [detention] placement 3 setting. 4 4. [Whenever detention is authorized and ordered pursuant to this 5 article, for a person alleged to be or adjudicated as a person in need 6 of supervision, a family court in a city having a population of one 7 million or more shall, notwithstanding any other provision of law, 8 direct detention in a foster care facility established and maintained 9 pursuant to the social services law. In all other respects, the 10 detention of such a person in a foster care facility shall be subject to 11 the identical terms and conditions for detention as are set forth in 12 this article and in section two hundred thirty-five of this act. 13 5.] (a) The court shall not order or direct [detention] pre-disposi- 14 tional placement under this article, (i) unless the court determines 15 [that] and states in its written order; (1) that there is no substantial 16 likelihood that the youth and his or her family will continue to benefit 17 from diversion services, including but not limited to, any available 18 respite services; and (2) that all available alternatives to detention 19 have been exhausted; and (3) that pre-dispositional placement of the 20 respondent is in the best interest of the respondent; and (4) that it 21 would be contrary to the welfare of the respondent to continue in their 22 own home; or (ii) if the sole basis for the petition is an allegation 23 pursuant to paragraph (i) of subdivision (a) of section seven hundred 24 twelve of this article. 25 (b) Where the youth is sixteen years of age or older, the court shall 26 not order or direct [detention] pre-dispositional placement under this 27 article, unless the court determines and states in its order that 28 special circumstances exist to warrant such [detention] placement. 29 (c) If in addition to the provisions of this section, the respondent 30 may be a sexually exploited child as defined in subdivision one of 31 section four hundred forty-seven-a of the social services law, the court 32 may direct the respondent to an available short-term safe house [as 33 defined in subdivision two of section four hundred forty-seven-a of the 34 social services law as an alternative to detention] in accordance with 35 section seven hundred thirty-nine of this article. 36 § 4. Section 727 of the family court act is REPEALED. 37 § 5. The section heading and subdivision (d) of section 728 of the 38 family court act, subdivision (d) as added by chapter 145 of the laws of 39 2000, paragraph (i) as added and paragraph (ii) of subdivision (d) as 40 renumbered by section 5 of part E of chapter 57 of the laws of 2005, and 41 paragraph (iii) as amended and paragraph (iv) of subdivision (d) as 42 added by section 10 of subpart B of part Q of chapter 58 of the laws of 43 2011, are amended to read as follows: 44 Discharge, release or [detention] pre-dispositional placement by judge 45 after hearing and before filing of petition in custody cases. 46 (d) Upon a finding of facts and reasons which support a [detention] 47 pre-dispositional placement order pursuant to this section, the court 48 shall also determine and state in any order directing [detention] pre- 49 dispositional placement: 50 (i) that there is no substantial likelihood that the youth and his or 51 her family will continue to benefit from diversion services and that all 52 available alternatives to [detention] such placement have been 53 exhausted; and 54 (ii) whether continuation of the child in the child's home would be 55 contrary to the best interests of the child based upon, and limited to, S. 1506--C 25 A. 2006--C 1 the facts and circumstances available to the court at the time of the 2 hearing held in accordance with this section; and 3 (iii) where appropriate, whether reasonable efforts were made prior to 4 the date of the court hearing that resulted in the detention order, to 5 prevent or eliminate the need for removal of the child from his or her 6 home or, if the child had been removed from his or her home prior to the 7 court appearance pursuant to this section, where appropriate, whether 8 reasonable efforts were made to make it possible for the child to safely 9 return home; and 10 (iv) whether the setting of the [detention] pre-dispositional place- 11 ment takes into account the proximity to the community in which the 12 person alleged to be or adjudicated as a person in need of supervision 13 lives with such person's parents or to which such person will be 14 discharged, and the existing educational setting of such person and the 15 proximity of such setting to the location of the detention setting. 16 § 6. Section 729 of the family court act is REPEALED. 17 § 7. Subdivisions (a) and (b) of section 735 of the family court act, 18 subdivision (a) as added by section 7 of part E of chapter 57 of the 19 laws of 2005, subdivision (b) as amended by chapter 38 of the laws of 20 2014, are amended to read as follows: 21 (a) Each county and any city having a population of one million or 22 more shall offer diversion services as defined in section seven hundred 23 twelve of this article to youth who are at risk of being the subject of 24 a person in need of supervision petition. Such services shall be 25 designed to provide an immediate response to families in crisis, to 26 identify and utilize appropriate alternatives to [detention] placement 27 and to divert youth from being the subject of a petition in family 28 court. Each county and such city shall designate either the local social 29 services district or the probation department as lead agency for the 30 purposes of providing diversion services. 31 (b) The designated lead agency shall: 32 (i) confer with any person seeking to file a petition, the youth who 33 may be a potential respondent, his or her family, and other interested 34 persons, concerning the provision of diversion services before any peti- 35 tion may be filed; and 36 (ii) diligently attempt to prevent the filing of a petition under this 37 article or, after the petition is filed, to prevent the placement of the 38 youth into foster care; and 39 (iii) assess whether the youth would benefit from residential respite 40 services; and 41 (iv) assess whether the youth is a sexually exploited child as defined 42 in section four hundred forty-seven-a of the social services law and, if 43 so, whether such youth should be referred to a safe house in accordance 44 with section seven hundred thirty-nine of this part; and 45 (v) determine whether alternatives to [detention] placement or 46 services provided pursuant to this section are appropriate to avoid 47 remand of the youth to [detention] such placement; and 48 [(v)] (vi) determine whether an assessment of the youth for substance 49 use disorder by an office of alcoholism and substance abuse services 50 certified provider is necessary when a person seeking to file a petition 51 alleges in such petition that the youth is suffering from a substance 52 use disorder which could make the youth a danger to himself or herself 53 or others. Provided, however, that notwithstanding any other provision 54 of law to the contrary, the designated lead agency shall not be required 55 to pay for all or any portion of the costs of such assessment or for any 56 substance use disorder or detoxification services, except in cases where S. 1506--C 26 A. 2006--C 1 medical assistance for needy persons may be used to pay for all or any 2 portion of the costs of such assessment or services. The office of alco- 3 holism and substance abuse services shall make a list of its certified 4 providers available to the designated lead agency. 5 § 8. Section 739 of the family court act, as amended by chapter 920 of 6 the laws of 1982, subdivision (a) as amended by section 10 of part G of 7 chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 8 of the laws of 2000, is amended to read as follows: 9 § 739. Release, pre-dispositional placement or [detention] referral 10 after filing of petition and prior to order of disposition. (a) After 11 the filing of a petition under section seven hundred thirty-two of this 12 part, the court in its discretion may release the respondent or direct 13 his or her [detention] pre-dispositional placement. If the respondent 14 may be a sexually exploited child as defined in subdivision one of 15 section four hundred forty-seven-a of the social services law, the court 16 may direct the respondent to an available short-term safe house as an 17 alternative to [detention] placement. However, the court shall not 18 direct [detention] pre-dispositional placement unless it finds and 19 states the facts and reasons for so finding that unless the respondent 20 is [detained] placed there is a substantial probability that the 21 respondent will not appear in court on the return date and all available 22 alternatives to [detention] such placement have been exhausted. 23 (b) Unless the respondent waives a determination that probable cause 24 exists to believe that he is a person in need of supervision, no 25 [detention] pre-dispositional placement under this section may last more 26 than three days (i) unless the court finds, pursuant to the evidentiary 27 standards applicable to a hearing on a felony complaint in a criminal 28 court, that such probable cause exists, or (ii) unless special circum- 29 stances exist, in which cases such detention may be extended not more 30 than an additional three days exclusive of Saturdays, Sundays and public 31 holidays. 32 (c) Upon a finding of facts and reasons which support a detention 33 order pursuant to subdivision (a) of this section, the court shall also 34 determine and state in any order directing detention: 35 (i) whether continuation of the respondent in the respondent's home 36 would be contrary to the best interests of the respondent based upon, 37 and limited to, the facts and circumstance available to the court at the 38 time of the court's determination in accordance with this section; and 39 (ii) where appropriate, whether reasonable efforts were made prior to 40 the date of the court order directing [detention] pre-dispositional 41 placement in accordance with this section, to prevent or eliminate the 42 need for removal of the respondent from his or her home or, if the 43 respondent had been removed from his or her home prior to the court 44 appearance pursuant to this section, where appropriate, whether reason- 45 able efforts were made to make it possible for the respondent to safely 46 return home. 47 § 9. Intentionally omitted. 48 § 10. Section 747 of the family court act, as amended by chapter 920 49 of the laws of 1982, is amended to read as follows: 50 § 747. Time of fact-finding hearing. A fact-finding hearing shall 51 commence not more than three days after the filing of a petition under 52 this article if the respondent is in [detention] pre-dispositional 53 placement. 54 § 11. Subdivision (a) of section 748 of the family court act, as 55 amended by chapter 920 of the laws of 1982, is amended to read as 56 follows: S. 1506--C 27 A. 2006--C 1 (a) If the respondent is in [detention] pre-dispositional placement, 2 the court may adjourn a fact-finding hearing 3 (i) on its own motion or on motion of the petitioner for good cause 4 shown for not more than three days; 5 (ii) on motion on behalf of the respondent or by his or her parent or 6 other person legally responsible for his or her care for good cause 7 shown, for a reasonable period of time. 8 § 12. Subdivision (b) of section 749 of the family court act, as 9 amended by chapter 806 of the laws of 1973, is amended to read as 10 follows: 11 (b) On its own motion, the court may adjourn the proceedings on 12 conclusion of a fact-finding hearing or during a dispositional hearing 13 to enable it to make inquiry into the surroundings, conditions and 14 capacities of the respondent. An adjournment on the court's motion may 15 not be for a period of more than ten days if the respondent is 16 [detained] in pre-dispositional placement, in which case not more than a 17 total of two such adjournments may be granted in the absence of special 18 circumstances. If the respondent is not [detained] in pre-dispostional 19 placement, an adjournment may be for a reasonable time, but the total 20 number of adjourned days may not exceed two months. 21 § 13. Paragraph (a) of subdivision 2 of section 754 of the family 22 court act, as amended by chapter 7 of the laws of 1999, subparagraph 23 (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 24 of the laws of 2015, is amended to read as follows: 25 (a) The order shall state the court's reasons for the particular 26 disposition. If the court places the child in accordance with section 27 seven hundred fifty-six of this part, the court in its order shall 28 determine: (i) whether continuation in the child's home would be contra- 29 ry to the best interest of the child and where appropriate, that reason- 30 able efforts were made prior to the date of the dispositional hearing 31 held pursuant to this article to prevent or eliminate the need for 32 removal of the child from his or her home and, if the child was removed 33 from his or her home prior to the date of such hearing, that such 34 removal was in the child's best interest and, where appropriate, reason- 35 able efforts were made to make it possible for the child to return safe- 36 ly home. If the court determines that reasonable efforts to prevent or 37 eliminate the need for removal of the child from the home were not made 38 but that the lack of such efforts was appropriate under the circum- 39 stances, the court order shall include such a finding; and (ii) in the 40 case of a child who has attained the age of fourteen, the services need- 41 ed, if any, to assist the child to make the transition from foster care 42 to independent living. Nothing in this subdivision shall be construed to 43 modify the standards for directing [detention] pre-dispositional place- 44 ment set forth in section seven hundred thirty-nine of this article. 45 § 14. Section 756 of the family court act, as amended by chapter 920 46 of the laws of 1982, paragraph (i) of subdivision (a) as amended by 47 chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii) 48 of subdivision (a) as amended by section 11 of part G of chapter 58 of 49 the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of 50 1999, and subdivision (c) as amended by section 10 of part E of chapter 51 57 of the laws of 2005, is amended to read as follows: 52 § 756. Placement. (a) [(i)] For purposes of section seven hundred 53 fifty-four, the court may: (i) place the child in its own home [or]; 54 (ii) order the child be placed in the custody of a suitable relative or 55 other suitable private person; or (iii) order the child be placed in the S. 1506--C 28 A. 2006--C 1 custody of a commissioner of social services[, subject to the orders of 2 the court]. 3 [(ii)] (b) Where the child is placed with the commissioner of the 4 local social services district[,]: (i) (A) the child may be placed by 5 the social services district into a foster boarding home; or (B) if the 6 court finds that the respondent is a sexually exploited child as defined 7 in subdivision one of section four hundred forty-seven-a of the social 8 services law, an available long-term safe house; or (ii) the court may 9 direct the commissioner to: place the child with an authorized agency or 10 class of authorized agencies[, including, if the court finds that the 11 respondent is a sexually exploited child as defined in subdivision one 12 of section four hundred forty-seven-a of the social services law, an 13 available long-term safe house]. 14 (c) Provided, however, that a placement shall not be ordered pursuant 15 to paragraph (iii) of subdivision (a) of this section: 16 (i) In instances where the only finding made against the respondent is 17 that they meet the definition of a person in need of supervision pursu- 18 ant to paragraph (i) of subdivision (a) of section seven hundred twelve 19 of this article; or 20 (ii) Unless the court finds and states in its written order that the 21 placement of the respondent is: 22 (1) in the best interest of the respondent; and 23 (2) that it would be contrary to the welfare of the respondent to 24 continue in their own home. 25 (d) Unless the dispositional order provides otherwise, the court so 26 directing shall include one of the following alternatives to apply in 27 the event that the commissioner is unable to so place the child: 28 [(1)] (i) the commissioner shall apply to the court for an order to 29 stay, modify, set aside, or vacate such directive pursuant to the 30 provisions of section seven hundred sixty-two or seven hundred sixty- 31 three; or 32 [(2)] (ii) the commissioner shall return the child to the family court 33 for a new dispositional hearing and order. 34 [(b)] (e) Placements under paragraph (iii) of subdivision (a) of this 35 section may be for an initial period of [twelve months] no greater than 36 sixty days. The court may extend a placement pursuant to section seven 37 hundred fifty-six-a. In its discretion, the court may recommend restitu- 38 tion or require services for public good pursuant to section seven 39 hundred fifty-eight-a in conjunction with an order of placement. [For 40 the purposes of calculating the initial period of placement, such place- 41 ment shall be deemed to have commenced sixty days after the date the 42 child was removed from his or her home in accordance with the provisions 43 of this article. If the respondent has been in detention pending dispo- 44 sition, the initial period of placement ordered under this section shall 45 be credited with and diminished by the amount of time spent by the 46 respondent in detention prior to the commencement of the placement 47 unless the court finds that all or part of such credit would not serve 48 the best interests of the respondent. 49 (c) A placement pursuant to this section with the commissioner of 50 social services shall not be directed in any detention facility, but the 51 court may direct detention pending transfer to a placement authorized 52 and ordered under this section for no more than than fifteen days after 53 such order of placement is made. Such direction shall be subject to 54 extension pursuant to subdivision three of section three hundred nine- 55 ty-eight of the social services law, upon written documentation to the 56 office of children and family services that the youth is in need of S. 1506--C 29 A. 2006--C 1 specialized treatment or placement and the diligent efforts by the 2 commissioner of social services to locate an appropriate placement.] 3 § 14-a. Section 756-a of the family court act, as added by chapter 604 4 of the laws of 1986, subdivision (a) as amended by chapter 309 of the 5 laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B 6 of chapter 327 of the laws of 2007, subdivisions (c) and (e) as amended 7 by chapter 7 of the laws of 1999, paragraph (ii) of subdivision (d) as 8 amended by section 3 of part M of chapter 54 of the laws of 2016, para- 9 graphs (iii), (iv) and (v) of subdivision (d) as amended by section 23 10 and subdivision (d-1) as amended by section 24 of part L of chapter 56 11 of the laws of 2015, is amended to read as follows: 12 § 756-a. Extension of placement. (a) In any case in which the child 13 has been placed pursuant to paragraph (iii) of paragraph (a) of section 14 seven hundred fifty-six of this part, the child, the person with whom 15 the child has been placed or the commissioner of social services may 16 petition the court to extend such placement, as provided for in this 17 section. Such petition shall be filed at least [sixty] fifteen days 18 prior to the expiration of the initial placement and at least thirty 19 days prior to the expiration of the period of any additional placement 20 authorized pursuant to this section, except for good cause shown, but in 21 no event shall such petition be filed after the original expiration 22 date. 23 (b) The court shall conduct a permanency hearing concerning the need 24 for continuing the placement. The child, the person with whom the child 25 has been placed and the commissioner of social services shall be noti- 26 fied of such hearing and shall have the right to be heard thereat. 27 (c) The provisions of section seven hundred forty-five shall apply at 28 such permanency hearing. If the petition is filed within [sixty] thirty 29 days prior to the expiration of the period of placement, the court shall 30 first determine at such permanency hearing whether good cause has been 31 shown. If good cause is not shown, the court shall dismiss the petition. 32 (d) (i) At the conclusion of the first permanency hearing the court 33 may, in its discretion, order [an] one extension of the placement for 34 not more than [one year. The] six months; 35 (ii) At the conclusion of the second permanency hearing, the court 36 may, in its discretion, order one extension of placement for not more 37 than four months unless: 38 (A) The attorney for the child, at the request of the child, seeks an 39 additional length of stay for the child in such program. If a request is 40 made pursuant to this subparagraph, the court shall determine whether to 41 grant such request based on the best interest of the child; or 42 (B) The court finds that extenuating circumstances exists that neces- 43 sitate the child be placed out of the home. 44 (d-1) If the court orders an extension of placement pursuant to para- 45 graph (d) of this section, the court must consider and determine in its 46 order: 47 (i) where appropriate, that reasonable efforts were made to make it 48 possible for the child to safely return to his or her home, or if the 49 permanency plan for the child is adoption, guardianship or some other 50 permanent living arrangement other than reunification with the parent or 51 parents of the child, reasonable efforts are being made to make and 52 finalize such alternate permanent placement including consideration of 53 appropriate in-state and out-of-state placements; 54 (ii) in the case of a child who has attained the age of fourteen, (A) 55 the services needed, if any, to assist the child to make the transition 56 from foster care to successful adulthood; and (B)(1) that the permanency S. 1506--C 30 A. 2006--C 1 plan developed for the child, and any revision or addition to the plan 2 shall be developed in consultation with the child and, at the option of 3 the child, with up to two additional members of the child's permanency 4 planning team who are selected by the child and who are not a foster 5 parent of, or case worker, case planner or case manager for, the child, 6 except that the local commissioner of social services with custody of 7 the child may reject an individual so selected by the child if such 8 commissioner has good cause to believe that the individual would not act 9 in the best interests of the child, and (2) that one individual so 10 selected by the child may be designated to be the child's advisor and, 11 as necessary, advocate with respect to the application of the reasonable 12 and prudent parent standard; 13 (iii) in the case of a child placed outside New York state, whether 14 the out-of-state placement continues to be appropriate and in the best 15 interests of the child; 16 (iv) whether and when the child: (A) will be returned to the parent; 17 (B) should be placed for adoption with the social services official 18 filing a petition for termination of parental rights; (C) should be 19 referred for legal guardianship; (D) should be placed permanently with a 20 fit and willing relative; or (E) should be placed in another planned 21 permanent living arrangement with a significant connection to an adult 22 willing to be a permanency resource for the child if the child is age 23 sixteen or older and (1) the social services official has documented to 24 the court: (I) intensive, ongoing, and, as of the date of the hearing, 25 unsuccessful efforts made by the social services district to return the 26 child home or secure a placement for the child with a fit and willing 27 relative including adult siblings, a legal guardian, or an adoptive 28 parent, including through efforts that utilize search technology includ- 29 ing social media to find biological family members for children, (II) 30 the steps the social services district is taking to ensure that (A) the 31 child's foster family home or child care facility is following the 32 reasonable and prudent parent standard in accordance with guidance 33 provided by the United States department of health and human services, 34 and (B) the child has regular, ongoing opportunities to engage in age or 35 developmentally appropriate activities including by consulting with the 36 child in an age-appropriate manner about the opportunities of the child 37 to participate in activities; and (2) the social services district has 38 documented to the court and the court has determined that there are 39 compelling reasons for determining that it continues to not be in the 40 best interest of the child to return home, be referred for termination 41 of parental rights and placed for adoption, placed with a fit and will- 42 ing relative, or placed with a legal guardian; and (3) the court has 43 made a determination explaining why, as of the date of the hearing, 44 another planned living arrangement with a significant connection to an 45 adult willing to be a permanency resource for the child is the best 46 permanency plan for the child; and 47 (v) where the child will not be returned home, consideration of appro- 48 priate in-state and out-of-state placements. 49 [(d-1)] (e) At the permanency hearing, the court shall consult with 50 the respondent in an age-appropriate manner regarding the permanency 51 plan; provided, however, that if the respondent is age sixteen or older 52 and the requested permanency plan for the respondent is placement in 53 another planned permanent living arrangement with a significant 54 connection to an adult willing to be a permanency resource for the 55 respondent, the court must ask the respondent about the desired perman- 56 ency outcome for the respondent. S. 1506--C 31 A. 2006--C 1 [(e)] (f) Pending final determination of a petition to extend such 2 placement filed in accordance with the provisions of this section, the 3 court may, on its own motion or at the request of the petitioner or 4 respondent, enter one or more temporary orders extending a period of 5 placement [not to exceed thirty days upon satisfactory proof showing 6 probable cause for continuing such placement and that each temporary 7 order is necessary]. The court may order additional temporary exten- 8 sions[, not to exceed a total of fifteen days, if the court is unable to 9 conclude the hearing within the thirty day temporary extension period. 10 In no event shall the aggregate number of days in extensions granted or 11 ordered under this subdivision total more than forty-five days. The 12 petition shall be dismissed if a decision is not rendered within the 13 period of placement or any temporary extension thereof. Notwithstanding 14 any provision of law to the contrary, the initial permanency hearing 15 shall be held within twelve months of the date the child was placed into 16 care pursuant to section seven hundred fifty-six of this article and no 17 later than every twelve months thereafter. For the purposes of this 18 section, the date the child was placed into care shall be sixty days 19 after the child was removed from his or her home in accordance with the 20 provisions of this section] only as authorized in this section. 21 [(f)] (g) Successive extensions of placement under this section may be 22 granted, [but] only as authorized in this section, provided, however no 23 placement may be made or continued beyond the child's eighteenth birth- 24 day without his or her consent and in no event past his or her twenty- 25 first birthday. 26 § 15. Subdivisions 1 and 4 of section 758-a of the family court act, 27 as amended by chapter 73 of the laws of 1979, subdivision 1 as amended 28 by chapter 4 of the laws of 1987, paragraph (b) of subdivision 1 as 29 amended by chapter 575 of the laws of 2007, and subdivision 4 as amended 30 by chapter 73 of the laws of 1979, are amended to read as follows: 31 1. In cases involving acts of [infants] children over [ten] twelve and 32 less than [sixteen] eighteen years of age, the court may 33 (a) recommend as a condition of placement, or order as a condition of 34 probation or suspended judgment, restitution in an amount representing a 35 fair and reasonable cost to replace the property or repair the damage 36 caused by the [infant] child, not, however, to exceed one thousand 37 dollars. [In the case of a placement, the court may recommend that the 38 infant pay out of his or her own funds or earnings the amount of 39 replacement or damage, either in a lump sum or in periodic payments in 40 amounts set by the agency with which he is placed, and in the case of 41 probation or suspended judgment, the] The court may require that the 42 [infant] child pay out of his or her own funds or earnings the amount of 43 replacement or damage, either in a lump sum or in periodic payments in 44 amounts set by the court; and/or 45 (b) order as a condition of placement, probation, or suspended judg- 46 ment, services for the public good including in the case of a crime 47 involving willful, malicious, or unlawful damage or destruction to real 48 or personal property maintained as a cemetery plot, grave, burial place, 49 or other place of interment of human remains, services for the mainte- 50 nance and repair thereof, taking into consideration the age and physical 51 condition of the [infant] child. 52 4. The court, upon receipt of the reports provided for in subdivision 53 two [or three] of this section may, on its own motion or the motion of 54 any party or the agency, hold a hearing to determine whether the place- 55 ment should be altered or modified. S. 1506--C 32 A. 2006--C 1 § 16. Section 774 of the family court act is amended to read as 2 follows: 3 § 774. Action on petition for transfer. On receiving a petition under 4 section seven hundred seventy-three of this part, the court may proceed 5 under sections seven hundred thirty-seven, seven hundred thirty-eight or 6 seven hundred thirty-nine of this article with respect to the issuance 7 of a summons or warrant [and sections seven hundred twenty-seven and 8 seven hundred twenty-nine govern questions of detention and failure to 9 comply with a promise to appear]. Due notice of the petition and a copy 10 of the petition shall also be served personally or by mail upon the 11 office of the locality chargeable for the support of the person involved 12 and upon the person involved and his or her parents and other persons. 13 § 17. Intentionally omitted. 14 § 18. Intentionally omitted. 15 § 18-a. Intentionally omitted. 16 § 18-b. Article 6 of the social services law is amended by adding a 17 new title 12 to read as follows: 18 TITLE 12 19 FAMILY SUPPORT SERVICES PROGRAMS 20 Section 458-m. Family support services programs. 21 458-n. Funding for family support services programs. 22 § 458-m. Family support services programs. 1. As used in this title, 23 the term "family support services programs" shall mean a program estab- 24 lished pursuant to this title to provide community-based supportive 25 services to children and families with the goal of preventing a child 26 from being adjudicated a person in need of supervision and help prevent 27 the out of home placements of such youth or preventing a petition from 28 being filed under article seven of the family court act. 29 2. Family support services programs shall provide comprehensive 30 services to such children and their families, either directly or through 31 referrals with partner agencies, including, but not limited to: 32 (a) rapid family assessments and screenings; 33 (b) crisis intervention; 34 (c) family mediation and skills building; 35 (d) mental and behavioral health services including cognitive inter- 36 ventions; 37 (e) case management; 38 (f) respite services; 39 (g) education advocacy; and 40 (h) other family support services. 41 3. The services that are provided shall be trauma responsive, family 42 focused, gender-responsive, and evidence based or informed and strengths 43 based and shall be tailored to the individualized needs of the child and 44 family based on the assessments and screenings conducted by such family 45 support services program. 46 4. Family support services programs shall have the capacity to serve 47 families outside of regular business hours including evenings and week- 48 ends. 49 § 458-n. Funding for family support services programs. 1. Notwith- 50 standing any other provision of law to the contrary, to the extent that 51 funds are available for such purpose and specifically appropriated 52 therefor, the office of children and family services shall distribute 53 funding to the highest need municipality which shall mean a county or a 54 city with a population of one million or more to contract with not-for- 55 profit corporations to operate family support services programs in S. 1506--C 33 A. 2006--C 1 accordance with the provisions of this title and the specific program 2 model requirements issued by the office. 3 2. Notwithstanding any other provision of law to the contrary, when 4 determining the highest need municipality pursuant to this subdivision, 5 the office may consider factors that may include, but are not necessar- 6 ily limited to: 7 (a) the total amount of available funding and the amount of funding 8 required for family support services programs to meet the objectives 9 outlined in section four hundred fifty-eight-m of this title; 10 (b) relevant, available statistics regarding each municipality, a 11 group of two or more municipalities that jointly seek to fund and admin- 12 ister a family support services program in accordance with subdivision 13 four of this section which may include, but not necessarily be limited 14 to: 15 (i) the availability of services within such municipality to prevent 16 or reduce detention or residential placement of youth pursuant to arti- 17 cle seven of the family court act; and 18 (ii) relative to the youth population of such municipality: 19 (1) the number of petitions filed pursuant to article seven of the 20 family court act; or 21 (2) the number of placements of youth into residential care or 22 detention pursuant to article seven of the family court act as applica- 23 ble, over the last five years; 24 (c) any reported performance outcomes reported to the office pursuant 25 to subdivision three of this section for programs that previously 26 received funding pursuant to this title; or 27 (d) other appropriate factors as determined by the office. 28 3. Municipalities receiving funding under this title shall report to 29 the office of children and family services, in the form and manner and 30 at such times as determined by the office, on the performance outcomes 31 of any family support service program located within such municipalities 32 that receives funding under this title. 33 4. Two or more eligible municipalities within a close geographic with- 34 in a close geographic proximity to each other may enter into an agree- 35 ment to jointly seek funding for and jointly administer family support 36 services programs to service eligible youth and families within such 37 municipalities in accordance with this section. Such agreements shall 38 include provisions for the proportionate cost to be borne by each muni- 39 cipality and for the manner of employment of personnel and may provide 40 that a fiscal officer of one such municipality shall be the custodian of 41 the moneys made available for expenditure for such purposes by all such 42 municipalities and that such fiscal officer may make payments therefrom 43 upon audit of the appropriate auditing body or officer of his or her 44 municipality. In making claims for state aid pursuant to section, each 45 such municipality shall claim for its proportionate share of the total 46 joint expenditures so made. However, where it is provided that there 47 shall be a disbursing municipality, such disbursing municipality shall 48 claim for the total joint program expenditures so made and shall 49 disburse such state aid to each participating municipality based upon 50 the proportionate share of expenditures so made. 51 5. Notwithstanding the provisions of subdivisions two, three and four 52 of this section, a municipality, consistent with its approved plan for 53 supervision and treatment services for juveniles program, may utilize 54 any funding available to such municipality pursuant to section five 55 hundred twenty-nine-b of the executive law to fund family support 56 services programs pursuant to this title. S. 1506--C 34 A. 2006--C 1 § 19. Subdivision 3 of section 502 of the executive law, as amended by 2 section 79 of part WWW of chapter 59 of the laws of 2017, is amended to 3 read as follows: 4 3. "Detention" means the temporary care and maintenance of youth held 5 away from their homes pursuant to article three [or seven] of the family 6 court act, or held pending a hearing for alleged violation of the condi- 7 tions of release from an office of children and family services facility 8 or authorized agency, or held pending a hearing for alleged violation of 9 the condition of parole as a juvenile offender, youthful offender or 10 adolescent offender or held pending return to a jurisdiction other than 11 the one in which the youth is held, or held pursuant to a securing order 12 of a criminal court if the youth named therein as principal is charged 13 as a juvenile offender, youthful offender or adolescent offender or held 14 pending a hearing on an extension of placement or held pending transfer 15 to a facility upon commitment or placement by a court. Only alleged or 16 convicted juvenile offenders, youthful offenders or adolescent offenders 17 who have not attained their eighteenth or, commencing October first, two 18 thousand eighteen, their twenty-first birthday shall be subject to 19 detention in a detention facility. Commencing October first, two thou- 20 sand eighteen, a youth who on or after such date committed an offense 21 when the youth was sixteen years of age; or commencing October first, 22 two thousand nineteen, a youth who committed an offense on or after such 23 date when the youth was seventeen years of age held pursuant to a secur- 24 ing order of a criminal court if the youth is charged as an adolescent 25 offender or held pending a hearing for alleged violation of the condi- 26 tion of parole as an adolescent offender, must be held in a specialized 27 secure juvenile detention facility for older youth certified by the 28 state office of children and family services in conjunction with the 29 state commission of correction. 30 § 20. Section 529-b of the executive law, as added by section 3 of 31 subpart B of part Q of chapter 58 of the laws of 2011, subdivision 1, 32 the opening paragraph of subdivision 2, subparagraphs (i) and (iii) of 33 paragraph (a) of subdivision 3, as amended by section 99 of part WWW of 34 chapter 59 of the laws of 2017, is amended to read as follows: 35 § 529-b. Supervision and treatment services for juveniles program. 1. 36 (a) Notwithstanding any provision of law to the contrary, eligible 37 expenditures by an eligible municipality for services to divert from 38 detention, residential placement or confinement, as applicable, youth 39 who are: (i) at risk of, alleged to be, or adjudicated as juvenile 40 delinquents [or]; (ii) at risk of, or alleged to be or adjudicated as 41 persons [alleged or adjudicated to be] in need of supervision[, or 42 youth]; (iii) alleged to be or convicted as juvenile offenders[,]; (iv) 43 alleged to be or convicted as youthful offenders; or (v) alleged to be 44 or convicted as adolescent offenders [from placement in detention or in 45 residential care] shall be subject to state reimbursement under the 46 supervision and treatment services for juveniles program for up to 47 sixty-two percent of the municipality's expenditures, subject to avail- 48 able appropriations and exclusive of any federal funds made available 49 for such purposes, not to exceed the municipality's distribution under 50 the supervision and treatment services for juveniles program. 51 (b) The state funds appropriated for the supervision and treatment 52 services for juveniles program shall be distributed to eligible munici- 53 palities by the office of children and family services based on a plan 54 developed by the office which may consider historical information 55 regarding the number of youth seen at probation intake for an alleged 56 act of delinquency, the number of youth remanded to detention, the S. 1506--C 35 A. 2006--C 1 number of juvenile delinquents placed with the office, the number of 2 juvenile delinquents and persons in need of supervision placed in resi- 3 dential care with the municipality, the municipality's reduction in the 4 use of detention and residential placements, and other factors as deter- 5 mined by the office. Such plan developed by the office shall be subject 6 to the approval of the director of the budget. The office is authorized, 7 in its discretion, to make advance distributions to a municipality in 8 anticipation of state reimbursement. 9 2. As used in this section, the term: 10 (a) "municipality" shall mean a county, or a city having a population 11 of one million or more[,] and 12 (b) "supervision and treatment services for juveniles" shall mean 13 community-based services or programs designed to safely maintain youth 14 in the community pending a family court disposition or conviction in 15 criminal court and services or programs provided to eligible youth 16 [adjudicated as juvenile delinquents or persons in need of supervision, 17 or youth alleged to be juvenile offenders, youthful offenders or adoles- 18 cent offenders to prevent residential placement of such youth or a 19 return to placement where such youth have been released to the community 20 from residential placement] pursuant to this section. 21 3. Supervision and treatment services for juveniles may include but 22 are not limited to services or programs that: 23 (a) provide or facilitate support to such youth for mental health 24 disorders, substance abuse problems, or learning disabilities that 25 contribute to such youth being at risk for detention, residential place- 26 ment, confinement or return to detention or residential placement; 27 (a-1) provide or facilitate support to youth who are eligible to 28 receive services pursuant to subparagraph (ii) of paragraph (a) of 29 subdivision one of this section, and their families, in family support 30 services programs in accordance with title twelve of article six of the 31 social services law; 32 (b) provide temporary respite care, including, but not limited to, 33 respite provided pursuant to article seven of the family court act; 34 (c) provide family therapy or support or explore alternate housing 35 options for youth who are at risk for detention or placement due to the 36 absence of an available home; 37 (d) provide post-release support within the youth's community, includ- 38 ing, but not limited to aftercare services; or 39 (e) reduce arrest rates or recidivism. 40 [3.] 3-a. (a) The chief executive officer of the municipality shall 41 designate a lead agency for the purposes of planning and administering 42 the municipality's supervision and treatment services for juveniles 43 program. In order for a municipality to be eligible to receive 44 reimbursement pursuant to this section, such municipality must submit an 45 annual plan to the office of children and family services detailing how 46 the supervision and treatment services for juveniles will be provided 47 within the municipality. Two or more eligible municipalities within a 48 close geographic proximity to each other may enter into an agreement to 49 jointly seek funding for and jointly administer a supervision and treat- 50 ment services for juveniles programs to service eligible youth and fami- 51 lies within such municipalities in accordance with this section. The 52 municipality shall develop such plan in cooperation with the applicable 53 local governmental departments responsible for probation, law enforce- 54 ment, detention, diversion, and social services; and with the courts, 55 service providers, schools and youth development programs. The plan must S. 1506--C 36 A. 2006--C 1 be approved by the chief executive officer of the municipality, and must 2 include: 3 (i) an analysis that identifies the neighborhoods or communities from 4 which the greatest number of juvenile delinquents and persons in need of 5 supervision are remanded to detention or residentially placed; 6 (ii) where the use of detention or residential placement in the muni- 7 cipality shows a significant racial or ethnic disproportionality, a 8 description of how the services proposed for funding will address such 9 disproportionality; 10 (iii) a description of how the services and programs proposed for 11 funding will reduce the number of youth from the municipality who are 12 detained and residentially or otherwise placed; how such services and 13 programs are family-focused; and whether such services and programs are 14 capable of being replicated across multiple sites; 15 (iv) a description of the demonstrated effectiveness of such services 16 and programs or other justification why the services and programs are 17 proposed for funding; 18 (v) projected performance outcomes for such services and programs, 19 including an estimate of the anticipated reductions in detention utili- 20 zation and residential placements, and other projected positive outcomes 21 for youth who participate in the services and programs; and 22 (vi) for each year that the municipality submits a plan as required by 23 this section, the municipality must provide the following information 24 for the most recent preceding year for which such municipality received 25 funding: 26 (A) the number of youth who participated in the services and programs 27 funded pursuant to this section; and 28 (B) whether the services and programs achieved the projected 29 reductions in detention utilization and residential placements and other 30 performance outcomes. 31 (b) A municipality's plan shall be submitted to the office of children 32 and family services for review and approval. The office may approve all 33 or part of the plan based on the potential effectiveness of the plan. 34 (i) If the office does not approve a plan, the municipality shall have 35 sixty days to submit an amended plan. 36 (ii) Upon approval of a plan, the office shall notify the municipality 37 and post the approved plan on the office of children and family services 38 website. 39 (c) [Any claims submitted by a municipality for reimbursement for a 40 particular program year for which the municipality does not receive 41 state reimbursement during the applicable program year may not be 42 claimed against that municipality's distribution for any succeeding 43 program year.] The office may require that such claims be submitted to 44 the office electronically in the manner and format required by the 45 office. 46 (d) Any municipality submitting claims for reimbursement shall certify 47 to the office that supervision and treatment services for juveniles 48 program funds were not used to supplant other state and local funds, and 49 such claims for reimbursement are not for the same type and level of 50 services that the municipality provided under any contract in existence 51 on September thirtieth, two thousand ten that was funded other than 52 through the office of children and family services as community optional 53 preventive, alternatives to detention, alternatives to residential 54 placement, preventive, independent living, or after care services. 55 4. Two or more eligible municipalities may join together to establish, 56 operate and maintain supervision and treatment services for juveniles S. 1506--C 37 A. 2006--C 1 programs and may make and perform agreements in connection therewith. 2 Such agreements shall include provisions for the proportionate cost to 3 be borne by each municipality and for the manner of employment of 4 personnel and may provide that a fiscal officer of one such municipality 5 shall be the custodian of the moneys made available for expenditure for 6 such purposes by all such municipalities and that such fiscal officer 7 may make payments therefrom upon audit of the appropriate auditing body 8 or officer of his municipality. In making claims for state reimbursement 9 pursuant to this section, each municipality shall claim for its propor- 10 tionate share of expenditures. However, where the agreement provides for 11 a disbursing municipality, such disbursing municipality shall claim for 12 the total joint program expenditures made and shall disburse the state 13 reimbursement to each participating municipality based upon the propor- 14 tionate share of each participating municipality's expenditures. 15 5. The office of children and family services shall report to the 16 governor, the speaker of the assembly, the temporary president of the 17 senate, the minority leader of the assembly and the minority leader of 18 the senate no later than July first, two thousand twelve, and each year 19 thereafter, detailing the implementation and progress of the supervision 20 and treatment services for juveniles program, as established by this 21 section. The report shall detail the following information for each 22 municipality, as defined by this section: 23 (a) the amount of funds disbursed to date for the previous program 24 year of the supervision and treatment services for juveniles program; 25 (b) the amount of juvenile detention funds distributed by such date in 26 accordance with section five hundred thirty of this title for the previ- 27 ous program year and, if any, the amount of such funds used for super- 28 vision and treatment services for juveniles program; 29 (c) the number of alleged and adjudicated juvenile delinquents and 30 persons in need of supervision and alleged and convicted juvenile offen- 31 ders being served by such programs; and 32 (d) each program name and its provider. 33 § 21. The opening paragraph and paragraph (a) of subdivision 2, 34 subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of subdivision 35 5, and subdivision 7 of section 530 of the executive law, the opening 36 paragraph and paragraph (a) of subdivision 2 and subparagraphs 1 and 4 37 of paragraph (a) and paragraph (b) of subdivision 5 as amended by 38 section 100 of part WWW of chapter 59 of the laws of 2017 and subdivi- 39 sion 7 as amended by section 6 of subpart B of part Q of chapter 58 of 40 the laws of 2011, are amended to read as follows: 41 Expenditures made by municipalities in providing care, maintenance and 42 supervision to youth in detention facilities designated pursuant to 43 [sections seven hundred twenty and] section 305.2 of the family court 44 act and certified by office of children and family services, shall be 45 subject to reimbursement by the state, as follows: 46 (a) Notwithstanding any provision of law to the contrary, eligible 47 expenditures by a municipality during a particular program year for the 48 care, maintenance and supervision [in foster care programs certified by 49 the office of children and family services, certified or approved family 50 boarding homes, and non-secure detention facilities certified by the 51 office for those youth alleged to be persons in need of supervision or 52 adjudicated persons in need of supervision held pending transfer to a 53 facility upon placement; and] in secure and non-secure detention facili- 54 ties certified by the office in accordance with section five hundred 55 three of this article for those youth alleged to be juvenile delin- 56 quents; adjudicated juvenile delinquents held pending transfer to a S. 1506--C 38 A. 2006--C 1 facility upon placement, and juvenile delinquents held at the request of 2 the office of children and family services pending extension of place- 3 ment hearings or release revocation hearings or while awaiting disposi- 4 tion of such hearings; and youth alleged to be or convicted as juvenile 5 offenders, youthful offenders and adolescent offenders and prior to 6 January first, two thousand twenty, youth alleged to be persons in need 7 of supervision or adjudicated persons in need of supervision held pend- 8 ing transfer to a facility upon placement in foster care programs certi- 9 fied by the office of children and family services, certified or 10 approved foster boarding homes and non-secure detention facilities 11 certified by the office, shall be subject to state reimbursement for up 12 to fifty percent of the municipality's expenditures, exclusive of any 13 federal funds made available for such purposes, not to exceed the 14 municipality's distribution from funds that have been appropriated 15 specifically therefor for that program year. Municipalities shall imple- 16 ment the use of detention risk assessment instruments in a manner 17 prescribed by the office so as to inform detention decisions. Notwith- 18 standing any other provision of state law to the contrary, data neces- 19 sary for completion of a detention risk assessment instrument may be 20 shared among law enforcement, probation, courts, detention administra- 21 tors, detention providers, and the attorney for the child upon retention 22 or appointment; solely for the purpose of accurate completion of such 23 risk assessment instrument, and a copy of the completed detention risk 24 assessment instrument shall be made available to the applicable 25 detention provider, the attorney for the child and the court. 26 (1) temporary care, maintenance and supervision provided to alleged 27 juvenile delinquents [and persons in need of supervision] in detention 28 facilities certified pursuant to [sections seven hundred twenty and] 29 section 305.2 of the family court act by the office of children and 30 family services, pending adjudication of alleged delinquency [or alleged 31 need of supervision] by the family court, or pending transfer to insti- 32 tutions to which committed or placed by such court or while awaiting 33 disposition by such court after adjudication or held pursuant to a 34 securing order of a criminal court if the person named therein as prin- 35 cipal is under seventeen years of age; or 36 (4) prior to January first, two thousand twenty temporary care, main- 37 tenance and supervision provided youth detained in foster care facili- 38 ties or certified or approved family boarding homes pursuant to article 39 seven of the family court act. 40 (b) Payments made for reserved accommodations, whether or not in full 41 time use, approved and certified by the office of children and family 42 services and certified pursuant to [sections seven hundred twenty and] 43 section 305.2 of the family court act, in order to assure that adequate 44 accommodations will be available for the immediate reception and proper 45 care therein of youth for which detention costs are reimbursable pursu- 46 ant to paragraph (a) of this subdivision, shall be reimbursed as expend- 47 itures for care, maintenance and supervision under the provisions of 48 this section, provided the office shall have given its prior approval 49 for reserving such accommodations. 50 7. The agency administering detention for each county and the city of 51 New York shall submit to the office of children and family services, at 52 such times and in such form and manner and containing such information 53 as required by the office of children and family services, an annual 54 report on youth remanded pursuant to article three or seven of the fami- 55 ly court act who are detained during each calendar year including, 56 commencing January first, two thousand twelve, the risk level of each S. 1506--C 39 A. 2006--C 1 detained youth as assessed by a detention risk assessment instrument 2 approved by the office of children and family services provided, howev- 3 er, that the report due January first, two thousand twenty-one and ther- 4 eafter shall not be required to contain any information on youth who are 5 subject to article seven of the family court act. The office may require 6 that such data on detention use be submitted to the office electron- 7 ically. Such report shall include, but not be limited to, the reason for 8 the court's determination in accordance with section 320.5 or seven 9 hundred thirty-nine of the family court act to detain the youth; the 10 offense or offenses with which the youth is charged; and all other 11 reasons why the youth remains detained. The office shall submit a compi- 12 lation of all the separate reports to the governor and the legislature. 13 § 22. Intentionally omitted. 14 § 23. Severability. If any clause, sentence, paragraph, subdivision, 15 section or part contained in any part of this act shall be adjudged by 16 any court of competent jurisdiction to be invalid, such judgment shall 17 not affect, impair, or invalidate the remainder thereof, but shall be 18 confined in its operation to the clause, sentence, paragraph, subdivi- 19 sion, section or part contained in any part thereof directly involved in 20 the controversy in which such judgment shall have been rendered. It is 21 hereby declared to be the intent of the legislature that this act would 22 have been enacted even if such invalid provisions had not been included 23 herein. 24 § 24. This act shall take effect January 1, 2020 and shall be deemed 25 to be applicable to the pre-dispositional placement of youth pursuant to 26 petitions filed pursuant to article seven of the family court act on or 27 after such effective date. 28 PART L 29 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 30 section 131-o of the social services law, as amended by section 1 of 31 part YY of chapter 59 of the laws of 2018, are amended to read as 32 follows: 33 (a) in the case of each individual receiving family care, an amount 34 equal to at least [$144.00] $148.00 for each month beginning on or after 35 January first, two thousand [eighteen] nineteen. 36 (b) in the case of each individual receiving residential care, an 37 amount equal to at least [$166.00] $171.00 for each month beginning on 38 or after January first, two thousand [eighteen] nineteen. 39 (c) in the case of each individual receiving enhanced residential 40 care, an amount equal to at least [$198.00] $204.00 for each month 41 beginning on or after January first, two thousand [eighteen] nineteen. 42 (d) for the period commencing January first, two thousand [nineteen] 43 twenty, the monthly personal needs allowance shall be an amount equal to 44 the sum of the amounts set forth in subparagraphs one and two of this 45 paragraph: 46 (1) the amounts specified in paragraphs (a), (b) and (c) of this 47 subdivision; and 48 (2) the amount in subparagraph one of this paragraph, multiplied by 49 the percentage of any federal supplemental security income cost of 50 living adjustment which becomes effective on or after January first, two 51 thousand [nineteen] twenty, but prior to June thirtieth, two thousand 52 [nineteen] twenty, rounded to the nearest whole dollar. S. 1506--C 40 A. 2006--C 1 § 2. Paragraph (a), (b), (c), (d), (e) and (f) of subdivision 2 of 2 section 209 of the social services law, as amended by section 2 of part 3 YY of chapter 59 of the laws of 2018, are amended to read as follows: 4 (a) On and after January first, two thousand [eighteen] nineteen, for 5 an eligible individual living alone, [$837.00] $858.00; and for an 6 eligible couple living alone, [$1,229.00] $1,261.00. 7 (b) On and after January first, two thousand [eighteen] nineteen, for 8 an eligible individual living with others with or without in-kind 9 income, [$773.00] $794.00; and for an eligible couple living with others 10 with or without in-kind income, [$1,171.00] $1,203.00. 11 (c) On and after January first, two thousand [eighteen] nineteen, (i) 12 for an eligible individual receiving family care, [$1,016.48] $1,037.48 13 if he or she is receiving such care in the city of New York or the coun- 14 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 15 couple receiving family care in the city of New York or the county of 16 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 17 in subparagraph (i) of this paragraph; or (iii) for an eligible individ- 18 ual receiving such care in any other county in the state, [$978.48] 19 $999.48; and (iv) for an eligible couple receiving such care in any 20 other county in the state, two times the amount set forth in subpara- 21 graph (iii) of this paragraph. 22 (d) On and after January first, two thousand [eighteen] nineteen, (i) 23 for an eligible individual receiving residential care, [$1,185.00] 24 $1,206.00 if he or she is receiving such care in the city of New York or 25 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 26 eligible couple receiving residential care in the city of New York or 27 the county of Nassau, Suffolk, Westchester or Rockland, two times the 28 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 29 eligible individual receiving such care in any other county in the 30 state, [$1,155.00] $1,176.00; and (iv) for an eligible couple receiving 31 such care in any other county in the state, two times the amount set 32 forth in subparagraph (iii) of this paragraph. 33 (e) [(i)] On and after January first, two thousand [eighteen] 34 nineteen, (i) for an eligible individual receiving enhanced residential 35 care, [$1,444.00] $1,465.00; and (ii) for an eligible couple receiving 36 enhanced residential care, two times the amount set forth in subpara- 37 graph (i) of this paragraph. 38 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 39 vision shall be increased to reflect any increases in federal supple- 40 mental security income benefits for individuals or couples which become 41 effective on or after January first, two thousand [nineteen] twenty but 42 prior to June thirtieth, two thousand [nineteen] twenty. 43 § 3. This act shall take effect December 31, 2019. 44 PART M 45 Section 1. Section 4 of part W of chapter 54 of the laws of 2016, 46 amending the social services law relating to the powers and duties of 47 the commissioner of social services relating to the appointment of a 48 temporary operator, is amended to read as follows: 49 § 4. This act shall take effect immediately and shall be deemed to 50 have been in full force and effect on and after April 1, 2016, provided 51 further that this act shall expire and be deemed repealed March 31, 52 [2019] 2022. 53 § 2. This act shall take effect immediately. S. 1506--C 41 A. 2006--C 1 PART N 2 Intentionally Omitted 3 PART O 4 Intentionally Omitted 5 PART P 6 Intentionally Omitted 7 PART Q 8 Intentionally Omitted 9 PART R 10 Intentionally Omitted 11 PART S 12 Intentionally Omitted 13 PART T 14 Section 1. Short title. This act shall be known and may be cited as 15 the "Lawful Source of Income Non-Discrimination Act of 2019". 16 § 2. Section 292 of the executive law is amended by adding a new 17 subdivision 36 to read as follows: 18 36. The term "lawful source of income" shall include, but not be 19 limited to, child support, alimony, foster care subsidies, income 20 derived from social security, or any form of federal, state, or local 21 public assistance or housing assistance including, but not limited to, 22 section 8 vouchers, or any other form of housing assistance payment or 23 credit whether or not such income or credit is paid or attributed 24 directly to a landlord, and any other forms of lawful income. The 25 provisions of this subdivision shall not be construed to prohibit the 26 use of criteria or qualifications of eligibility for the sale, rental, 27 leasing or occupancy of publicly-assisted housing accommodations where 28 such criteria or qualifications are required to comply with federal or 29 state law, or are necessary to obtain the benefits of a federal or state 30 program. A publicly assisted housing accommodation may include eligibil- 31 ity criteria in statements, advertisements, publications or applica- 32 tions, and may make inquiry or request information to the extent neces- 33 sary to determine eligibility. 34 § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 35 296 of the executive law, as amended by chapter 8 of the laws of 2019, 36 are amended to read as follows: 37 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 38 hold from any person or group of persons such housing accommodations 39 because of the race, creed, color, disability, national origin, sexual 40 orientation, gender identity or expression, military status, age, sex, 41 marital status, lawful source of income or familial status of such 42 person or persons, or to represent that any housing accommodation or S. 1506--C 42 A. 2006--C 1 land is not available for inspection, sale, rental or lease when in fact 2 it is so available. 3 (b) To discriminate against any person because of his or her race, 4 creed, color, disability, national origin, sexual orientation, gender 5 identity or expression, military status, age, sex, marital status, 6 lawful source of income or familial status in the terms, conditions or 7 privileges of any publicly-assisted housing accommodations or in the 8 furnishing of facilities or services in connection therewith. 9 (c) To cause to be made any written or oral inquiry or record concern- 10 ing the race, creed, color, disability, national origin, sexual orien- 11 tation, gender identity or expression, membership in the reserve armed 12 forces of the United States or in the organized militia of the state, 13 age, sex, marital status, lawful source of income or familial status of 14 a person seeking to rent or lease any publicly-assisted housing accommo- 15 dation; provided, however, that nothing in this subdivision shall 16 prohibit a member of the reserve armed forces of the United States or in 17 the organized militia of the state from voluntarily disclosing such 18 membership. 19 (c-1) To print or circulate or cause to be printed or circulated any 20 statement, advertisement or publication, or to use any form of applica- 21 tion for the purchase, rental or lease of such housing accommodation or 22 to make any record or inquiry in connection with the prospective 23 purchase, rental or lease of such a housing accommodation which 24 expresses, directly or indirectly, any limitation, specification or 25 discrimination as to race, creed, color, national origin, sexual orien- 26 tation, gender identity or expression, military status, sex, age, disa- 27 bility, marital status, lawful source of income or familial status, or 28 any intent to make any such limitation, specification or discrimination. 29 § 4. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of 30 section 296 of the executive law, as amended by chapter 8 of the laws of 31 2019, are amended to read as follows: 32 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 33 from any person or group of persons such a housing accommodation because 34 of the race, creed, color, national origin, sexual orientation, gender 35 identity or expression, military status, sex, age, disability, marital 36 status, lawful source of income or familial status of such person or 37 persons, or to represent that any housing accommodation or land is not 38 available for inspection, sale, rental or lease when in fact it is so 39 available. 40 (2) To discriminate against any person because of race, creed, color, 41 national origin, sexual orientation, gender identity or expression, 42 military status, sex, age, disability, marital status, lawful source of 43 income or familial status in the terms, conditions or privileges of the 44 sale, rental or lease of any such housing accommodation or in the 45 furnishing of facilities or services in connection therewith. 46 (3) To print or circulate or cause to be printed or circulated any 47 statement, advertisement or publication, or to use any form of applica- 48 tion for the purchase, rental or lease of such housing accommodation or 49 to make any record or inquiry in connection with the prospective 50 purchase, rental or lease of such a housing accommodation which 51 expresses, directly or indirectly, any limitation, specification or 52 discrimination as to race, creed, color, national origin, sexual orien- 53 tation, gender identity or expression, military status, sex, age, disa- 54 bility, marital status, lawful source of income or familial status, or 55 any intent to make any such limitation, specification or discrimination. S. 1506--C 43 A. 2006--C 1 § 5. Subparagraphs 1 and 2 of paragraph (c) of subdivision 5 of 2 section 296 of the executive law, as amended by chapter 8 of the laws of 3 2019, are amended to read as follows: 4 (1) To refuse to sell, rent or lease any housing accommodation, land 5 or commercial space to any person or group of persons or to refuse to 6 negotiate for the sale, rental or lease, of any housing accommodation, 7 land or commercial space to any person or group of persons because of 8 the race, creed, color, national origin, sexual orientation, gender 9 identity or expression, military status, sex, age, disability, marital 10 status, lawful source of income or familial status of such person or 11 persons, or to represent that any housing accommodation, land or commer- 12 cial space is not available for inspection, sale, rental or lease when 13 in fact it is so available, or otherwise to deny or withhold any housing 14 accommodation, land or commercial space or any facilities of any housing 15 accommodation, land or commercial space from any person or group of 16 persons because of the race, creed, color, national origin, sexual 17 orientation, gender identity or expression, military status, sex, age, 18 disability, marital status, lawful source of income or familial status 19 of such person or persons. 20 (2) To print or circulate or cause to be printed or circulated any 21 statement, advertisement or publication, or to use any form of applica- 22 tion for the purchase, rental or lease of any housing accommodation, 23 land or commercial space or to make any record or inquiry in connection 24 with the prospective purchase, rental or lease of any housing accommo- 25 dation, land or commercial space which expresses, directly or indirect- 26 ly, any limitation, specification, or discrimination as to race, creed, 27 color, national origin, sexual orientation, gender identity or 28 expression, military status, sex, age, disability, marital status, 29 lawful source of income or familial status; or any intent to make any 30 such limitation, specification or discrimination. 31 § 6. Paragraph (d) of subdivision 5 of section 296 of the executive 32 law, as amended by chapter 8 of the laws of 2019, is amended to read as 33 follows: 34 (d) It shall be an unlawful discriminatory practice for any real 35 estate board, because of the race, creed, color, national origin, sexual 36 orientation, gender identity or expression, military status, age, sex, 37 disability, marital status, lawful source of income or familial status 38 of any individual who is otherwise qualified for membership, to exclude 39 or expel such individual from membership, or to discriminate against 40 such individual in the terms, conditions and privileges of membership in 41 such board. 42 § 7. This act shall take effect immediately and shall apply to all 43 causes of action filed on or after such effective date. 44 PART U 45 Intentionally Omitted 46 PART V 47 Intentionally Omitted 48 PART W 49 Intentionally Omitted S. 1506--C 44 A. 2006--C 1 PART X 2 Intentionally Omitted 3 PART Y 4 Intentionally Omitted 5 PART Z 6 Intentionally Omitted 7 PART AA 8 Section 1. The opening paragraph of section 5-211 of the election law, 9 as amended by chapter 265 of the laws of 2013, is amended to read as 10 follows: 11 Each agency designated as a participating agency under the provisions 12 of this section shall implement and administer a program of distribution 13 of voter registration forms pursuant to the provisions of this section. 14 The following offices which provide public assistance and/or provide 15 state funded programs primarily engaged in providing services to persons 16 with disabilities are hereby designated as voter registration agencies: 17 designated as the state agencies which provide public assistance are the 18 office of children and family services, the office of temporary and 19 disability assistance and the department of health. Also designated as 20 public assistance agencies are all agencies of local government that 21 provide such assistance. Designated as state agencies that provide 22 programs primarily engaged in providing services to people with disabil- 23 ities are the department of labor, office for the aging, division of 24 veterans' [affairs] services, office of mental health, office of voca- 25 tional and educational services for individuals with disabilities, 26 commission on quality of care for the mentally disabled, office of 27 mental retardation and developmental disabilities, commission for the 28 blind, office of alcoholism and substance abuse services, the office of 29 the advocate for the disabled and all offices which administer programs 30 established or funded by such agencies. Additional state agencies desig- 31 nated as voter registration offices are the department of state and the 32 division of workers' compensation. Such agencies shall be required to 33 offer voter registration forms to persons upon initial application for 34 services, renewal or recertification for services and change of address 35 relating to such services. Such agencies shall also be responsible for 36 providing assistance to applicants in completing voter registration 37 forms, receiving and transmitting the completed application form from 38 all applicants who wish to have such form transmitted to the appropriate 39 board of elections. The state board of elections shall, together with 40 representatives of the department of defense, develop and implement 41 procedures for including recruitment offices of the armed forces of the 42 United States as voter registration offices when such offices are so 43 designated by federal law. The state board shall also make request of 44 the United States Immigration and Naturalization Service to include 45 applications for registration by mail with any materials which are given 46 to new citizens. All institutions of the state university of New York 47 and the city university of New York, shall, at the beginning of the 48 school year, and again in January of a year in which the president of 49 the United States is to be elected, provide an application for registra- S. 1506--C 45 A. 2006--C 1 tion to each student in each such institution. The state board of 2 elections may, by regulation, grant a waiver from any or all of the 3 requirements of this section to any office or program of an agency, if 4 it determines that it is not feasible for such office or program to 5 administer such requirement. 6 § 2. Subdivision 8 of section 31 of the executive law, as amended by 7 section 106 of subpart B of part C of chapter 62 of the laws of 2011, is 8 amended to read as follows: 9 8. The division of veterans' [affairs] services. 10 § 2-a. Paragraph (e) of subdivision 1 of section 169 of the executive 11 law, as amended by section 9 of part A of chapter 60 of the laws of 12 2012, is amended to read as follows: 13 (e) [chairman] chairperson of state athletic commission, director of 14 the office of victim services, [chairman] chairperson of human rights 15 appeal board, [chairman] chairperson of the industrial board of appeals, 16 [chairman] chairperson of the state commission of correction, members of 17 the board of parole, [member-chairman] member-chairperson of unemploy- 18 ment insurance appeal board, director of veterans' [affairs] services, 19 and [vice-chairman] vice-chairperson of the workers' compensation board; 20 § 3. Subdivision 1 of section 191 of the executive law, as added by 21 chapter 285 of the laws of 1995, is amended to read as follows: 22 1. There is hereby established within the division of military and 23 naval affairs a temporary advisory committee on the restoration and 24 display of New York state's military battle flags (hereinafter referred 25 to as the "committee"). The committee shall have thirteen members as 26 follows: the adjutant general, the director of the New York state mili- 27 tary heritage museum, the commissioners of education and parks, recre- 28 ation and historic preservation and the director of the division of 29 veterans' [affairs] services, or their designated representatives, two 30 members appointed each by the governor, speaker of the assembly and 31 majority leader of the senate and one member each appointed by the 32 minority leaders of the senate and assembly and shall serve at the plea- 33 sure of the appointing authority. Appointed members shall include indi- 34 viduals with experience in restoration of historical memorabilia, exper- 35 tise in military history, or a background in historical restoration or 36 fine arts conservation. No appointed member shall be a member of the 37 executive, legislative or judicial branch of the state government at the 38 time of his/her appointment. The advisory committee shall meet at least 39 four times a year. No members shall receive any compensation, but 40 members who are not state officials may receive actual and necessary 41 expenses incurred in the performance of their duties. 42 § 4. The article heading of article 17 of the executive law is amended 43 to read as follows: 44 VETERANS' [AFFAIRS] SERVICES 45 § 5. Subdivisions 1 and 2 of section 350 of the executive law are 46 amended to read as follows: 47 1. The term "division" means the division of veterans' [affairs] 48 services. 49 2. The term "state director" means the New York state director of 50 veterans' [affairs] services. 51 § 6. Section 351 of the executive law is amended to read as follows: 52 § 351. Division of veterans' [affairs] services. There is hereby 53 created in the executive department a division of veterans' [affairs] 54 services. The head of such division shall be the New York state direc- 55 tor of veterans' [affairs] services who shall be a veteran. He or she 56 shall be appointed by the governor and shall hold office during his or S. 1506--C 46 A. 2006--C 1 her pleasure. Such state director shall receive an annual salary to be 2 fixed by the governor within the limitation provided by law. He or she 3 shall also be entitled to receive his or her expenses actually and 4 necessarily incurred by him or her in the performance of his or her 5 duties. The state director, with the approval of the governor, may 6 establish such bureaus within the division as are necessary and appro- 7 priate to carrying out its functions and may consolidate or abolish such 8 bureaus. The state director may appoint such officers, consultants, 9 clerks and other employees and agents as he or she may deem necessary, 10 fix their compensation within the limitation provided by law, and 11 prescribe their duties. 12 § 7. The section heading and subdivisions 1 and 5 of section 352 of 13 the executive law, as amended by chapter 501 of the laws of 1993, are 14 amended to read as follows: 15 Veterans' [affairs] services commission. 1. There shall be in the 16 division a veterans' [affairs] services commission, which shall consist 17 of the members and the ex officio members provided for in this section. 18 5. The commission shall have power, and it shall be its duty, to 19 assist the state director in the formulation of policies affecting 20 veterans and in the coordination of all operations of state agencies 21 relating to veterans' [affairs] services. 22 § 8. Section 354-a of the executive law, as amended by section 95 of 23 subpart B of part C of chapter 62 of the laws of 2011, is amended to 24 read as follows: 25 § 354-a. Information on status of veterans receiving assistance. 26 Departments, divisions, bureaus, boards, commissions and agencies of the 27 state and political subdivisions thereof, which provide assistance, 28 treatment, counseling, care, supervision or custody in service areas 29 involving health, mental health, family services, criminal justice or 30 employment, including but not limited to the office of alcoholism and 31 substance abuse services, office of mental health, office of probation 32 and correctional alternatives, office of children and family services, 33 office of temporary and disability assistance, department of health, 34 department of labor, local workforce investment boards, office for 35 people with developmental disabilities, and department of corrections 36 and community supervision, shall request assisted persons to provide 37 information with regard to their veteran status and military experi- 38 ences. Individuals identifying themselves as veterans shall be advised 39 that the division of veterans' [affairs] services and local veterans' 40 service agencies established pursuant to section three hundred fifty- 41 seven of this article provide assistance to veterans regarding benefits 42 under federal and state law. Information regarding veterans status and 43 military service provided by assisted persons solely to implement this 44 section shall be protected as personal confidential information under 45 article six-A of the public officers law against disclosure of confiden- 46 tial material, and used only to assist in the diagnosis, treatment, 47 assessment and handling of the veteran's problems within the agency 48 requesting such information and in referring the veteran to the division 49 of veterans' [affairs] services for information and assistance with 50 regard to benefits and entitlements under federal and state law. 51 § 8-a. Subdivision 2 of section 354-e of the executive law, as added 52 by chapter 322 of the laws of 2018, is amended to read as follows: 53 2. Individuals identifying themselves as having served in the military 54 or a family member shall be advised that the division of veterans' 55 [affairs] services and local veterans service agencies established 56 pursuant to section three hundred fifty-seven of this article provide S. 1506--C 47 A. 2006--C 1 assistance to veterans regarding benefits under federal and state law. 2 Information regarding veterans and military status provided by assisted 3 persons solely to implement this section shall be protected as personal 4 confidential material, and used only to assist in the diagnosis, treat- 5 ment, assessment and handling of the veteran's or family member's prob- 6 lems within the agency requesting such information and in referring the 7 veteran or family member to the division of veterans' [affairs] services 8 for the information and assistance with regard to benefits and entitle- 9 ments under federal and state law. 10 § 9. Paragraph (b) of subdivision 1 of section 361-b of the executive 11 law, as amended by chapter 515 of the laws of 2011, is amended to read 12 as follows: 13 (b) "Division" shall mean the state division of veterans' [affairs] 14 services. 15 § 10. Section 362 of the executive law, as amended by chapter 251 of 16 the laws of 2004, is amended to read as follows: 17 § 362. Creation of annuity. 1. Payment to veterans. a. Any veteran as 18 defined in this article who has been or is hereafter classified by the 19 New York State commission for the visually handicapped as a blind person 20 as defined in section three of chapter four hundred fifteen of the laws 21 of nineteen hundred thirteen, as amended, and continues to be a blind 22 person within the meaning of that section, shall, upon application to 23 the director of the division of veterans' [affairs] services, be paid 24 out of the treasury of the state for such term as such veteran shall be 25 entitled thereto under the provisions of this article, the sum of one 26 thousand dollars annually, plus any applicable annual adjustment, as 27 provided in this section. 28 b. The entitlement of any veteran to receive the annuity herein 29 provided shall terminate upon his or her ceasing to continue to be a 30 resident of and domiciled in the state, but such entitlement may be 31 reinstated upon application to the director of veterans' [affairs] 32 services, if such veteran shall thereafter resume his or her residence 33 and domicile in the state. 34 c. The effective date of an award of the annuity to a veteran shall be 35 the date of receipt of the application therefor by the director of 36 veterans' [affairs] services, except that if the application is denied 37 but is granted at a later date upon an application for reconsideration 38 based upon new evidence, the effective date of the award of the annuity 39 to a veteran shall be the date of receipt of the application for recon- 40 sideration by the director of veterans' [affairs] services. 41 2. Payment to widows and widowers of blind veterans. a. The unremar- 42 ried spouse of a veteran who heretofore has died or the unremarried 43 spouse of a veteran dying hereafter, such veteran being at the time of 44 her or his death a recipient of, or eligible for, the benefits above 45 provided, shall, upon application to the director of veterans' [affairs] 46 services, also be paid out of the treasury of the state the sum of one 47 thousand dollars annually, plus any applicable annual adjustment, for 48 such term as such unremarried spouse shall be entitled thereto under the 49 provisions of this article. 50 b. The entitlement of any widow or widower to receive the annuity 51 herein provided shall terminate upon her or his death or re-marriage or 52 upon her or his ceasing to continue to be a resident of and domiciled in 53 the state of New York, but such entitlement may be reinstated upon 54 application to the director of veterans' [affairs] services, if such 55 widow or widower shall thereafter resume her or his residence and domi- 56 cile in the state. S. 1506--C 48 A. 2006--C 1 c. The effective date of an award of the annuity to a widow or widower 2 shall be the day after the date of death of the veteran if the applica- 3 tion therefor is received within one year from such date of death. If 4 the application is received after the expiration of the first year 5 following the date of the death of the veteran, the effective date of an 6 award of the annuity to a widow or widower shall be the date of receipt 7 of the application by the director of veterans' [affairs] services. If 8 an application is denied but is granted at a later date upon an applica- 9 tion for reconsideration based upon new evidence, the effective date of 10 the award of the annuity to a widow or widower shall be the date of 11 receipt of the application for reconsideration by the director of veter- 12 ans' [affairs] services. 13 3. Annual adjustment. Commencing in the year two thousand five, and 14 for each year thereafter, the amount of any annuity payable under this 15 section shall be the same amount as the annuity payable in the preceding 16 year plus a percentage adjustment equal to the annual percentage 17 increase, if any, for compensation and pension benefits administered by 18 the United States Department of Veterans' Affairs in the previous year. 19 Such percentage increase shall be rounded up to the next highest one- 20 tenth of one percent and shall not be less than one percent nor more 21 than four percent. Commencing in the year two thousand five, the direc- 22 tor of veterans' [affairs] services, not later than February first of 23 each year, shall publish by any reasonable means the amount of the annu- 24 ity as adjusted payable under this section. 25 § 10-a. Subdivisions 1 and 2 of section 363 of the executive law, 26 subdivision 1 as added by chapter 424 of the laws of 1961, and subdivi- 27 sion 2 as amended by chapter 1052 of the laws of 1971, are amended to 28 read as follows: 29 1. The evidence of such service, blindness, residence and domicile, or 30 of such marriage, widowhood, residence and domicile in each case shall 31 be furnished in the manner and form prescribed by the director of veter- 32 ans' [affairs] services who shall examine the same. 33 2. Upon being satisfied that such service was performed, that other 34 facts and statements in the application of such veteran or widow or 35 widower are true and that the said veteran has been classified by the 36 New York state commission for the visually handicapped as a blind 37 person, where such veteran is not receiving or not entitled to receive a 38 benefit from any existing retirement system to which the state is a 39 contributor, unless such veteran shall have become disabled by reason of 40 loss of sight, while engaged in employment entitling him or her to 41 receive a benefit from any existing retirement system to which the state 42 is a contributor, and as a result of such disability has retired from 43 such employment and is receiving or is entitled to receive a benefit 44 from such retirement system the director of veterans' [affairs] services 45 shall certify to the state comptroller the name and address of such 46 veteran or widow or widower. 47 § 10-b. Subdivisions 3 and 5 of section 364 of the executive law, 48 subdivision 3 as added by chapter 424 of the laws of 1961, and subdivi- 49 sion 5 as amended by chapter 115 of the laws of 1981, are amended to 50 read as follows: 51 3. Where any veteran is disqualified for the annuity for any period 52 solely by reason of the provisions of subdivision two of this section, 53 the director of veterans' [affairs] services shall pay to his [wife] or 54 her spouse, if any, the annuity which such veteran would receive for 55 that period but for said subdivision two. S. 1506--C 49 A. 2006--C 1 5. Where payment of the annuity as hereinbefore authorized is to be 2 made to a mentally incompetent person or a conservatee, such payment may 3 be authorized by the director of veterans' [affairs] services of the 4 state to be paid only to a duly qualified court-appointed committee or 5 conservator, legally vested with the care of such incompetent's person 6 or property or of such conservatee's property, except that in the case 7 of an incompetent annuitant for whom a committee has not been appointed 8 or a person under a substantial impairment [within the meaning of the 9 conservatorship provisions of article seventy-seven of the mental 10 hygiene law] for whom a conservator has not been appointed and who is 11 hospitalized in a United States [veterans'] veterans health adminis- 12 tration hospital or in a hospital under the jurisdiction of the state of 13 New York, the director of veterans' [affairs] services of the state may 14 in his or her discretion certify payment of the annuity, as hereinbefore 15 authorized, to the manager of such [veterans'] United States veterans 16 health administration hospital or to the director of such state hospital 17 for the account of the said incompetent or substantially impaired annui- 18 tant. 19 § 11. The third undesignated paragraph of subdivision 1 and the open- 20 ing paragraphs of paragraphs (a) and (b), paragraph (g), the opening 21 paragraph and clause 6 of subparagraph (ii) of paragraph (h) of subdivi- 22 sion 2 of section 365 of the executive law, as added by section 5 of 23 part W of chapter 57 of the laws of 2013, are amended to read as 24 follows: 25 The legislature additionally finds and determines that it is therefore 26 necessary to provide for the construction and establishment of one or 27 more New York state veterans cemeteries, and that to thereafter, provide 28 for the expansion, improvement, support, operation, maintenance and the 29 provision of perpetual care of all such cemeteries so constructed and 30 established. The legislature also finds and determines that it is appro- 31 priate to have the responsibility for the construction, establishment, 32 expansion, improvement, support, operation, maintenance and the 33 provision of perpetual care for veterans cemeteries in this state, to be 34 under the oversight and direction of the state division of veterans 35 [affairs] services, and its director, individually, and as chair of the 36 management board, for each such veterans cemetery so constructed and 37 established. 38 The division, in cooperation with the United States department of 39 veterans affairs, and in consultation with, and upon the support of the 40 department of state division of cemeteries, is hereby directed to 41 conduct an investigation and study on the issue of the construction and 42 establishment of the first New York state [veterans] veterans' cemetery. 43 Such investigation and study shall include, but not be limited to: 44 Prior to the commencement of the investigation and study pursuant to 45 paragraph (a) of this subdivision, the director of the division of 46 veterans' [affairs] services, the director of the division of the budg- 47 et, the director of the department of state's division of cemeteries, 48 and the office of the state comptroller must certify to the governor, 49 the temporary president of the senate, the speaker of the assembly, the 50 chair of the senate finance committee and the chair of the assembly ways 51 and means committee that the veterans remembrance and cemetery mainte- 52 nance and operation fund, created pursuant to section ninety-seven-mmmm 53 of the state finance law, contains moneys sufficient, adjusted to 54 reflect projected future inflation, to fund the operation, maintenance 55 and the provision of perpetual care of a state veterans' cemetery for a 56 period of not less than fifteen years, provided that such amount shall S. 1506--C 50 A. 2006--C 1 not include any amount that shall be reimbursed or contributed to the 2 cemetery from the government of the United States or any amount that 3 would be recoverable by the cemetery pursuant to a charge of fee for the 4 provision of a grave site for a non-veteran spouse or family member. In 5 making such a certification, the director of the division of veterans' 6 [affairs] services, the director of the division of the budget, the 7 director of the department of state's division of cemeteries, and the 8 office of the state comptroller shall consider, but are not limited to, 9 the following factors: 10 (g) Nothing in this section shall be construed to authorize the divi- 11 sion of veterans' [affairs] services to commence an investigation and 12 study pursuant to paragraph (a) of this subdivision, issuing a request 13 for proposals pursuant to paragraph (c) of this subdivision, selecting a 14 site for the first New York state [veterans] veterans' cemetery pursuant 15 to paragraph (d) of this subdivision, or submitting any application for 16 funding from the government of the United States in accordance with the 17 grant requirements specified in section 2408 of title 38 of the United 18 States code, part 30 of title 38 of the code of federal regulations, and 19 other relevant federal statutes or regulations, for the purpose of seek- 20 ing funds to support the construction, establishment, expansion, 21 improvement, support, operation, maintenance and the provision of 22 perpetual care of New York state's first [veterans] veterans' cemetery 23 pursuant to paragraph (e) of this subdivision until the funds in the 24 veterans remembrance and cemetery maintenance and operation fund have 25 been certified pursuant to paragraph (b) of this subdivision. 26 Guidelines and standards for the request for proposals for any local 27 government desiring to have the first state [veterans] veterans' ceme- 28 tery located within its political subdivision, pursuant to paragraph (b) 29 of this subdivision, including, but not limited to: 30 (6) The requirement that a response shall require the local government 31 to agree to authorize the state of New York, in the event that the local 32 government fails to perform its obligations under the contract with the 33 state of New York, that the state director of the division of veterans' 34 [affairs] services shall certify to the comptroller any unpaid amounts 35 or any amounts necessary for the state to assume the obligations which 36 the local government failed to perform, and the comptroller shall, to 37 the extent not otherwise prohibited by law, withhold such amount from 38 any state aid or other amount payable to such local government; to the 39 extent that sufficient funds are not available for such withholding, the 40 state may pursue any and all available legal remedies to enforce the 41 terms of the contract entered into between the state and a local govern- 42 ment pursuant to this subdivision; and 43 § 11-a. Paragraph (a) of subdivision 1 of section 367 of the executive 44 law, as amended by chapter 356 of the laws of 2018, is amended to read 45 as follows: 46 (a) A parent, identified in 10 USC 1126 as a gold star parent, of a 47 veteran who heretofore has died or parent of a veteran dying hereafter, 48 shall upon application to the state director, be paid an annual annuity 49 out of the treasury of the state for the sum of five hundred dollars for 50 such term as such parent shall be entitled thereto under the provisions 51 of this article. Commencing in the year two thousand nineteen, the 52 amount of any annuity payable under this section shall be the same 53 amount as the annuity payable in the preceding year plus a percentage 54 adjustment equal to the annual percentage increase, if any, for compen- 55 sation and pension benefits administered by the United States department 56 of [veterans'] veterans affairs in the previous year. Such percentage S. 1506--C 51 A. 2006--C 1 increase shall be rounded up to the next highest one-tenth of one 2 percent and shall not be less than one percent nor more than four 3 percent. The director of veterans' [affairs] services, not later than 4 February first of each year, shall publish by any reasonable means, 5 including but not limited to posting on the division's website, the 6 amount of the annuity as adjusted payable under this section. The term 7 "parent" for the purposes of this section includes mother, father, step- 8 mother, stepfather, mother through adoption and father through adoption. 9 § 12. Subdivision 3 of section 369-d of the executive law, as added by 10 chapter 557 of the laws of 2013, is amended to read as follows: 11 3. establish and maintain, together with the director of the division 12 of veterans' [affairs] services, a program to educate separating service 13 members as to the benefits available to veterans under this article. 14 § 13. Paragraph (c) of subdivision 4 of section 369-i of the executive 15 law, as added by chapter 22 of the laws of 2014, is amended to read as 16 follows: 17 (c) Evaluate and assess availability of firms for the purpose of 18 increasing participation of such firms in state contracting in consulta- 19 tion with relevant state entities including, but not limited to, the New 20 York state division of veterans' [affairs] services. 21 § 14. Subdivision 1 of section 643 of the executive law, as amended by 22 section 107 of subpart B of part C of chapter 62 of the laws of 2011, is 23 amended to read as follows: 24 1. As used in this section, "crime victim-related agency" means any 25 agency of state government which provides services to or deals directly 26 with crime victims, including (a) the office of children and family 27 services, the office for the aging, the division of [veterans affairs] 28 veterans' services, the office of probation and correctional alterna- 29 tives, the department of corrections and community supervision, the 30 office of victim services, the department of motor vehicles, the office 31 of vocational rehabilitation, the workers' compensation board, the 32 department of health, the division of criminal justice services, the 33 office of mental health, every transportation authority and the division 34 of state police, and (b) any other agency so designated by the governor 35 within ninety days of the effective date of this section. 36 § 15. Subdivisions 3 and 4 of section 95-f of the state finance law, 37 as added by chapter 266 of the laws of 2005, are amended to read as 38 follows: 39 3. Monies of the fund shall be expended for the provision of veterans' 40 counseling services provided by local veterans' service agencies pursu- 41 ant to section three hundred fifty-seven of the executive law under the 42 direction of the division of veterans' [affairs] services. 43 4. To the extent practicable, the director of the division of veter- 44 ans' [affairs] services shall ensure that all monies received during a 45 fiscal year are expended prior to the end of that fiscal year. 46 § 16. The opening paragraph of subdivision 2-a and subdivision 5 of 47 section 97-mmmm of the state finance law, the opening paragraph of 48 subdivision 2-a as amended by section 27-c of part UU of chapter 54 of 49 the laws of 2016, and subdivision 5 as added by section 2 of part W of 50 chapter 57 of the laws of 2013, are amended to read as follows: 51 On or before the first day of February each year, the director of the 52 New York state division of veterans' [affairs] services shall provide a 53 written report to the temporary president of the senate, speaker of the 54 assembly, chair of the senate finance committee, chair of the assembly 55 ways and means committee, chair of the senate committee on veterans, 56 homeland security and military affairs, chair of the assembly veterans' S. 1506--C 52 A. 2006--C 1 affairs committee, the state comptroller and the public. Such report 2 shall include how the monies of the fund were utilized during the 3 preceding calendar year, and shall include: 4 5. Moneys shall be payable from the fund on the audit and warrant of 5 the comptroller on vouchers approved and certified by the director of 6 the division of [veterans affairs] veterans' services. 7 § 17. Subdivision 1, the opening paragraph of subdivision 2-a and 8 subdivisions 4 and 5 of section 99-v of the state finance law, subdivi- 9 sions 1, 4 and 5 as added by chapter 428 of the laws of 2014, and the 10 opening paragraph of subdivision 2-a as amended by section 27-d of part 11 UU of chapter 54 of the laws of 2016, are amended to read as follows: 12 1. There is hereby established in the joint custody of the commission- 13 er of taxation and finance, the New York state director of [veterans 14 affairs] veterans' services and the comptroller, a special fund to be 15 known as the "homeless veterans assistance fund". 16 On or before the first day of February each year, the director of the 17 New York state division of veterans' [affairs] services shall provide a 18 written report to the temporary president of the senate, speaker of the 19 assembly, chair of the senate finance committee, chair of the assembly 20 ways and means committee, chair of the senate committee on veterans, 21 homeland security and military affairs, chair of the assembly veterans' 22 affairs committee, the state comptroller and the public. Such report 23 shall include how the monies of the fund were utilized during the 24 preceding calendar year, and shall include: 25 4. Moneys of the fund shall be expended only for the assistance and 26 care of homeless veterans, for housing and housing-related expenses, as 27 determined by the division of [veterans affairs] veterans' services. 28 5. Moneys shall be paid out of the fund on the audit and warrant of 29 the comptroller on vouchers approved and certified by the New York state 30 director of [veterans affairs] veterans' services. Any interest 31 received by the comptroller on moneys on deposit in the homeless veter- 32 ans assistance fund shall be retained in and become part of such fund. 33 § 18. Subdivision 1 of section 168 of the labor law, as amended by 34 section 117 of subpart B of part C of chapter 62 of the laws of 2011, is 35 amended to read as follows: 36 1. This section shall apply to all persons employed by the state in 37 the ward, cottage, colony, kitchen and dining room, and guard service 38 personnel in any hospital, school, prison, reformatory or other institu- 39 tion within or subject to the jurisdiction, supervision, control or 40 visitation of the department of corrections and community supervision, 41 the department of health, the department of mental hygiene, the depart- 42 ment of social welfare or the division of veterans' [affairs] services 43 in the executive department, and engaged in the performance of such 44 duties as nursing, guarding or attending the inmates, patients, wards or 45 other persons kept or housed in such institutions, or in protecting and 46 guarding the buildings and/or grounds thereof, or in preparing or serv- 47 ing food therein. 48 § 19. Subdivision 3 of section 404-v of the vehicle and traffic law, 49 as amended by chapter 266 of the laws of 2005, is amended to read as 50 follows: 51 3. A distinctive plate issued pursuant to this section shall be issued 52 in the same manner as other number plates upon the payment of the regu- 53 lar registration fee prescribed by section four hundred one of this 54 article, provided, however, that an additional annual service charge of 55 fifteen dollars shall be charged for such plate. Such annual service 56 charge shall be deposited to the credit of the Eighth Air Force Histor- S. 1506--C 53 A. 2006--C 1 ical Society fund established pursuant to section ninety-five-f of the 2 state finance law and shall be used for veterans' counseling services 3 provided by local veterans' service agencies pursuant to section three 4 hundred fifty-seven of the executive law under the direction of the 5 division of veterans' [affairs] services. Provided, however, that one 6 year after the effective date of this section funds in the amount of 7 five thousand dollars, or so much thereof as may be available, shall be 8 allocated to the department to offset costs associated with the 9 production of such license plates. 10 § 20. Subdivision 3 of section 11-0707 of the environmental conserva- 11 tion law, as amended by section 92 of subpart B of part C of chapter 62 12 of the laws of 2011, is amended to read as follows: 13 3. Any person who is a patient at any facility in this state main- 14 tained by the United States [Veterans'] Veterans Health Administration 15 or at any hospital or sanitorium for treatment of tuberculosis main- 16 tained by the state or any municipal corporation thereof or resident 17 patient at any institution of the department of Mental Hygiene, or resi- 18 dent patient at the rehabilitation hospital of the department of Health, 19 or at any rest camp maintained by the state through the Division of 20 Veterans' [Affairs] Services in the Executive Department or any inmate 21 of a conservation work camp within the youth rehabilitation facility of 22 the department of corrections and community supervision, or any inmate 23 of a youth opportunity or youth rehabilitation center within the Office 24 of Children and Family Services, any resident of a nursing home or resi- 25 dential health care facility as defined in subdivisions two and three of 26 section twenty-eight hundred one of the public health law, or any staff 27 member or volunteer accompanying or assisting one or more residents of 28 such nursing home or residential health care facility on an outing 29 authorized by the administrator of such nursing home or residential 30 health care facility may take fish as if he or she held a fishing 31 license, except that he or she may not take bait fish by net or trap, if 32 he or she has on his or her person an authorization upon a form 33 furnished by the department containing such identifying information and 34 data as may be required by it, and signed by the superintendent or other 35 head of such facility, institution, hospital, sanitarium, nursing home, 36 residential health care facility or rest camp, as the case may be, or by 37 a staff physician thereat duly authorized so to do by the superintendent 38 or other head thereof. Such authorization with respect to inmates of 39 said conservation work camps shall be limited to areas under the care, 40 custody and control of the department. 41 § 21. Subdivision 5 of section 2805-b of the public health law, as 42 amended by chapter 64 of the laws of 2016, is amended to read as 43 follows: 44 5. The staff of a general hospital shall: (a) inquire whether or not 45 the person admitted has served in the United States armed forces. Such 46 information shall be listed on the admissions form; (b) notify any 47 admittee who is a veteran of the possible availability of services at a 48 hospital operated by the [veterans administration] United States veter- 49 ans health administration, and, upon request by the admittee, such staff 50 shall make arrangements for the individual's transfer to a [veterans 51 administration operated] United States veterans health administration 52 hospital, provided, however, that transfers shall be authorized only 53 after it has been determined, according to accepted clinical and medical 54 standards, that the patient's condition has stabilized and transfer can 55 be accomplished safely and without complication; and (c) provide any 56 admittee who has served in the United States armed forces with a copy of S. 1506--C 54 A. 2006--C 1 the "Information for Veterans concerning Health Care Options" fact 2 sheet, maintained by the division of veterans' [affairs] services pursu- 3 ant to subdivision twenty-three of section three hundred fifty-three of 4 the executive law prior to discharging or transferring the patient. The 5 commissioner shall promulgate rules and regulations for notifying such 6 admittees of possible available services and for arranging a requested 7 transfer. 8 § 22. Subdivisions 2 and 3 of section 2805-o of the public health law, 9 subdivision 2 as amended by chapter 95 of the laws of 2004, and subdivi- 10 sion 3 as added by chapter 158 of the laws of 1993, are amended to read 11 as follows: 12 2. Every nursing home and residential health care facility shall in 13 writing advise all individuals identifying themselves as veterans or 14 spouses of veterans that the division of veterans' [affairs] services 15 and local veterans' service agencies established pursuant to section 16 three hundred fifty-seven of the executive law to provide assistance to 17 veterans and their spouses regarding benefits under federal and state 18 law. Such written information shall include the name, address and tele- 19 phone number of the New York state division of veterans' [affairs] 20 services, the nearest division of veterans' [affairs] services office, 21 the nearest county or city veterans' service agency and the nearest 22 accredited veterans' service officer. 23 3. Every nursing home and residential health care facility, upon 24 request of individuals identifying themselves as veterans or spouses of 25 veterans, shall transmit such veteran status information to the division 26 of veterans' [affairs] services. 27 § 23. Subdivision 2 of section 3802 of the public health law, as added 28 by chapter 1135 of the laws of 1971, is amended to read as follows: 29 2. In the exercise of the foregoing powers and duties the commissioner 30 shall consult with the director of the division of veterans' [affairs] 31 services and the heads of state agencies charged with responsibility for 32 manpower and health resources. 33 § 24. Subdivision 3 of section 3803 of the public health law, as 34 amended by chapter 743 of the laws of 2006, is amended to read as 35 follows: 36 3. In exercising any of his or her powers under this section, the 37 commissioner shall consult with appropriate health care professionals, 38 providers, veterans or organizations representing them, the division of 39 veterans' [affairs] services, the [federal] United States department of 40 [veterans'] veterans affairs and the United States defense department. 41 § 25. Section 99-v of the general municipal law, as added by chapter 42 16 of the laws of 2011, is amended to read as follows: 43 § 99-v. Veterans [affairs] services; display of events. Each county, 44 city, town or village may adopt a local law to provide a bulletin board 45 to be conspicuously displayed in such county, city, town or village 46 building holding its local legislative body or municipal offices. Such 47 bulletin board shall be used by veterans organizations, the New York 48 state division of veterans' [affairs] services, the county veterans 49 service agency or city veterans service agency to display information 50 regarding veterans in such county, city, town or village. Such informa- 51 tion may include, but not be limited to, benefits or upcoming veterans 52 related events in the community. 53 § 26. Subdivision 1-b of section 247 of the military law, as added by 54 chapter 477 of the laws of 2013, is amended to read as follows: 55 1-b. The adjutant general is hereby authorized to present in the name 56 of the legislature of the state of New York, a certificate, to be known S. 1506--C 55 A. 2006--C 1 as the "Cold War Certificate", bearing a suitable inscription, to any 2 person: (i) who is a citizen of the state of New York or (ii) who was a 3 citizen of the state of New York while serving in the armed forces of 4 the United States; (iii) who served in the United States Armed Forces 5 during the period of time from September second, nineteen hundred 6 forty-five through December twenty-sixth, nineteen hundred ninety-one, 7 commonly known as the Cold War Era; and (iv) who was honorably 8 discharged or released under honorable circumstances during the Cold War 9 Era. Not more than one Cold War Certificate shall be awarded or 10 presented, under the provisions of this subdivision, to any person whose 11 entire service subsequent to the time of the receipt of such medal shall 12 not have been honorable. In the event of the death of any person during 13 or subsequent to the receipt of such certificate it shall be presented 14 to such representative of the deceased as may be designated. The adju- 15 tant general, in consultation with the director of the division of 16 veterans' [affairs] services, shall make such rules and regulations as 17 may be deemed necessary for the proper presentation and distribution of 18 the certificate. 19 § 27. Subdivision 3 of section 14-a of the domestic relations law, as 20 amended by chapter 297 of the laws of 1963, is amended to read as 21 follows: 22 3. No fee shall be charged for any certificate when required by the 23 [veterans administration] United States department of veterans affairs 24 or by the division of veterans' [affairs] services of the state of New 25 York to be used in determining the eligibility of any person to partic- 26 ipate in the benefits made available by the [veterans administration] 27 United States department of veterans affairs or by the state of New 28 York. 29 § 28. Subdivision 1 of section 19 of the domestic relations law, as 30 amended by chapter 674 of the laws of 1985, is amended to read as 31 follows: 32 1. Each town and city clerk hereby empowered to issue marriage 33 licenses shall keep a book supplied by the state department of health in 34 which such clerk shall record and index such information as is required 35 therein, which book shall be kept and preserved as a part of the public 36 records of his or her office. Whenever an application is made for a 37 search of such records the city or town clerk, excepting the city clerk 38 of the city of New York, may make such search and furnish a certificate 39 of the result to the applicant upon the payment of a fee of five dollars 40 for a search of one year and a further fee of one dollar for the second 41 year for which such search is requested and fifty cents for each addi- 42 tional year thereafter, which fees shall be paid in advance of such 43 search. Whenever an application is made for a search of such records in 44 the city of New York, the city clerk of the city of New York may make 45 such search and furnish a certificate of the result to the applicant 46 upon the payment of a fee of five dollars for a search of one year and a 47 further fee of one dollar for the second year for which search is 48 requested and fifty cents each additional year thereafter. Notwithstand- 49 ing any other provision of this article, no fee shall be charged for any 50 search or certificate when required by the [veterans administration] 51 United States department of veterans affairs or by the division of 52 veterans' [affairs] services of the state of New York to be used in 53 determining the eligibility of any person to participate in the benefits 54 made available by the [veterans administration] United States department 55 of veterans affairs or by the state of New York. All such affidavits, 56 statements and consents, immediately upon the taking or receiving of the S. 1506--C 56 A. 2006--C 1 same by the town or city clerk, shall be recorded and indexed as 2 provided herein and shall be public records and open to public 3 inspection whenever the same may be necessary or required for judicial 4 or other proper purposes. At such times as the commissioner shall 5 direct, the said town or city clerk, excepting the city clerk of the 6 city of New York, shall file in the office of the state department of 7 health the original of each affidavit, statement, consent, order of a 8 justice or judge authorizing immediate solemnization of marriage, 9 license and certificate, filed with or made before such clerk during the 10 preceding month. Such clerk shall not be required to file any of said 11 documents with the state department of health until the license is 12 returned with the certificate showing that the marriage to which they 13 refer has been actually performed. 14 The county clerks of the counties comprising the city of New York 15 shall cause all original applications and original licenses with the 16 marriage solemnization statements thereon heretofore filed with each, 17 and all papers and records and binders relating to such original docu- 18 ments pertaining to marriage licenses issued by said city clerk, in 19 their custody and possession to be removed, transferred, and delivered 20 to the borough offices of the city clerk in each of said counties. 21 § 29. Subdivision 1 of section 3308 of the education law, as added by 22 section 1 of part A of chapter 328 of the laws of 2014, is amended to 23 read as follows: 24 1. Each member state shall, through the creation of a state council or 25 use of an existing body or board, provide for the coordination among its 26 agencies of government, local educational agencies and military instal- 27 lations concerning the state's participation in, and compliance with, 28 this compact and interstate commission activities. In New York, the 29 state council shall include the commissioner or his or her designee, the 30 director of the New York state division of veterans' [affairs] services 31 or his or her designee, the adjutant general of the state of New York or 32 his or her designee, a superintendent of a school district with a high 33 concentration of military children appointed by the commissioner, a 34 district superintendent of schools of a board of cooperative educational 35 services serving an area with a high concentration of military children 36 appointed by the commissioner, a representative from a military instal- 37 lation appointed by the governor, a representative of military families 38 appointed by the governor, a public member appointed by the governor and 39 one representative each appointed by the speaker of the assembly, the 40 temporary president of the senate and the governor. 41 § 30. Subdivision 1 of section 6505-c of the education law, as added 42 by chapter 106 of the laws of 2003, is amended to read as follows: 43 1. The commissioner shall develop, jointly with the director of the 44 division of veterans' [affairs] services, a program to facilitate artic- 45 ulation between participation in the military service of the United 46 States or the military service of the state and admission to practice of 47 a profession. The commissioner and the director shall identify, review 48 and evaluate professional training programs offered through either the 49 military service of the United States or the military service of the 50 state which may, where applicable, be accepted by the department as 51 equivalent education and training in lieu of all or part of an approved 52 program. Particular emphasis shall be placed on the identification of 53 military programs which have previously been deemed acceptable by the 54 department as equivalent education and training, programs which may 55 provide, where applicable, equivalent education and training for those 56 professions which are critical to public health and safety and programs S. 1506--C 57 A. 2006--C 1 which may provide, where applicable, equivalent education and training 2 for those professions for which shortages exist in the state of New 3 York. 4 § 31. Paragraph 5 of subdivision (b) of section 5.06 of the mental 5 hygiene law, as added by section 2 of part N of chapter 56 of the laws 6 of 2012, is amended to read as follows: 7 (5) one member appointed on the recommendation of the state director 8 of the division of veterans' [affairs] services and one member appointed 9 on the recommendation of the adjutant general of the division of mili- 10 tary and naval affairs, at least one of whom shall be a current or 11 former consumer of mental health services or substance use disorder 12 services who is a veteran who has served in a combat theater or combat 13 zone of operations and is a member of a veterans organization; 14 § 31-a. Subdivision (i) of section 19.07 of the mental hygiene law, as 15 added by chapter 358 of the laws of 2013, is amended to read as follows: 16 (i) The office of alcoholism and substance abuse services shall peri- 17 odically, in consultation with the state director of veterans' [affairs] 18 services: (1) review the programs operated by the office to ensure that 19 the needs of the state's veterans who served in the U.S. armed forces 20 and who are recovering from alcohol and/or substance abuse are being met 21 and to develop improvements to programs to meet such needs; and (2) in 22 collaboration with the state director of veterans' [affairs] services 23 and the commissioner of the office of mental health, review and make 24 recommendations to improve programs that provide treatment, rehabili- 25 tation, relapse prevention, and recovery services to veterans who have 26 served in a combat theatre or combat zone of operations and have a 27 co-occurring mental health and alcoholism or substance abuse disorder. 28 § 31-b. Subdivision 15 of section 202 of the elder law, as amended by 29 chapter 455 of the laws of 2016, is amended to read as follows: 30 15. to periodically, in consultation with the state director of veter- 31 ans' [affairs] services, review the programs operated by the office to 32 ensure that the needs of the state's aging veteran population are being 33 met and to develop improvements to programs to meet such needs; and 34 § 32. Paragraph (j) of subdivision 3 of section 20 of the social 35 services law, as added by chapter 407 of the laws of 2016, is amended to 36 read as follows: 37 (j) to ensure the provision, on any form required to be completed at 38 application or recertification for the purpose of obtaining financial 39 assistance pursuant to this chapter, the form shall contain a check-off 40 question asking whether the applicant or recipient or a member of his or 41 her family served in the United States military, and an option to answer 42 in the affirmative. Where the applicant or recipient answers in the 43 affirmative to such question, the office of temporary and disability 44 assistance shall ensure that contact information for the state division 45 of veterans' [affairs] services is provided to such applicant or recipi- 46 ent, in addition to any other materials provided. 47 § 33. Paragraph (g) of section 202 of the not-for-profit corporation 48 law, as added by chapter 407 of the laws of 2016, is amended to read as 49 follows: 50 (g) Every corporation receiving any kind of state funding shall ensure 51 the provision on any form required to be completed at application or 52 recertification for the purpose of obtaining financial assistance pursu- 53 ant to this chapter, that the application form shall contain a check-off 54 question asking whether the applicant or recipient or a member of his or 55 her family served in the United States military, and an option to answer 56 in the affirmative. Where the applicant or recipient answers in the S. 1506--C 58 A. 2006--C 1 affirmative to such question, the not-for-profit corporation shall 2 ensure that contact information for the state division of veterans' 3 [affairs] services is provided to such applicant or recipient in addi- 4 tion to any other materials provided. 5 § 34. Paragraph (b) of section 1401 of the not-for-profit corporation 6 law, as amended by chapter 675 of the laws of 2004, is amended to read 7 as follows: 8 (b) Removal of remains from private cemeteries to other cemeteries. 9 The supervisor of any town containing a private cemetery may remove any 10 body interred in such cemetery to any other cemetery within the town, if 11 the owners of such cemeteries and the next of kin of the deceased 12 consent to such removal. The owners of a private cemetery may remove the 13 bodies interred therein to any other cemetery within such town, or to 14 any cemetery designated by the next of kin of the deceased. Notice of 15 such removal shall be given within twenty days before such removal 16 personally or by certified mail to the next of kin of the deceased if 17 known and to the clerk and historian of the county in which such real 18 property is situated and notice shall be given to the New York state 19 department of state, division of cemeteries. If any of the deceased are 20 known to be veterans, the owners shall also notify the division of 21 veterans' [affairs] services. In the absence of the next of kin, the 22 county clerk, county historian or the division of veterans' [affairs] 23 services may act as a guardian to ensure proper reburial. 24 § 35. Subdivision 10 of section 458 of the real property tax law, as 25 added by chapter 426 of the laws of 2014, is amended to read as follows: 26 10. The commissioner shall develop in consultation with the director 27 of the New York state division of veterans' [affairs] services a listing 28 of documents to be used to establish eligibility under this section, 29 including but not limited to a certificate of release or discharge from 30 active duty also known as a DD-214 form or an Honorable Service 31 Certificate/Report of Causality from the department of defense. Such 32 information shall be made available to each county, city, town or 33 village assessor's office, or congressional chartered veterans service 34 officers who request such information. The listing of acceptable mili- 35 tary records shall be made available on the internet websites of the 36 division of veterans' [affairs] services and the office of real property 37 tax services. 38 § 36. Subdivision 9 of section 458-a of the real property tax law, as 39 added by chapter 426 of the laws of 2014, is amended to read as follows: 40 9. The commissioner shall develop in consultation with the director of 41 the New York state division of veterans' [affairs] services a listing of 42 documents to be used to establish eligibility under this section, 43 including but not limited to a certificate of release or discharge from 44 active duty also known as a DD-214 form or an Honorable Service 45 Certificate/Report of Causality from the department of defense. Such 46 information shall be made available to each county, city, town or 47 village assessor's office, or congressional chartered veterans service 48 officers who request such information. The listing of acceptable mili- 49 tary records shall be made available on the internet websites of the 50 division of veterans' [affairs] services and the office of real property 51 tax services. 52 § 37. Subdivision 8 of section 458-b of the real property tax law, as 53 added by chapter 426 of the laws of 2014, is amended to read as follows: 54 8. The commissioner shall develop in consultation with the director of 55 the New York state division of veterans' [affairs] services a listing of 56 documents to be used to establish eligibility under this section, S. 1506--C 59 A. 2006--C 1 including but not limited to a certificate of release or discharge from 2 active duty also known as a DD-214 form or an Honorable Service 3 Certificate/Report of Causality from the department of defense. Such 4 information shall be made available to each county, city, town or 5 village assessor's office, or congressional chartered veterans service 6 officers who request such information. The listing of acceptable mili- 7 tary records shall be made available on the internet websites of the 8 division of veterans' [affairs] services and the office of real property 9 tax services. 10 § 38. Subdivision 1 of section 20 of chapter 784 of the laws of 1951, 11 constituting the New York state defense emergency act, as amended by 12 section 85 of part A of chapter 62 of the laws of 2011, is amended to 13 read as follows: 14 1. There is hereby continued in the division of military and naval 15 affairs in the executive department a state civil defense commission to 16 consist of the same members as the members of the disaster preparedness 17 commission as established in article two-B of the executive law. In 18 addition, the superintendent of financial services, the [chairman] 19 chairperson of the workers' compensation board and the director of the 20 division of veterans' [affairs] services shall be members. The governor 21 shall designate one of the members of the commission to be the [chair- 22 man] chairperson thereof. The commission may provide for its division 23 into subcommittees and for action by such subcommittees with the same 24 force and effect as action by the full commission. The members of the 25 commission, except for those who serve ex officio, shall be allowed 26 their actual and necessary expenses incurred in the performance of their 27 duties under this article but shall receive no additional compensation 28 for services rendered pursuant to this article. 29 § 39. Paragraph 2 of subdivision b of section 31-102 of the adminis- 30 trative code of the city of New York, as added by local law number 113 31 of the city of New York for the year 2015, is amended to read as 32 follows: 33 2. links to websites describing veteran employment services provided 34 by the federal government and New York state government, including, but 35 not limited to, the websites of the United States department of labor, 36 the New York state department of labor, the United States department of 37 veterans affairs, and the New York state division of veterans' [affairs] 38 services; and 39 § 40. Subdivision a of section 3102 of the New York city charter, as 40 added by local law number 113 of the city of New York for the year 2015, 41 is amended to read as follows: 42 a. Except as otherwise provided by law, the commissioner shall have 43 such powers as provided by the director of the state veterans' service 44 agency and shall have the duty to inform military and naval authorities 45 of the United States and assist members of the armed forces and veter- 46 ans, who are residents of the city, and their families, in relation to: 47 (1) matters pertaining to educational training and retraining services 48 and facilities, (2) health, medical and rehabilitation service and 49 facilities, (3) provisions of federal, state and local laws and regu- 50 lations affording special rights and privileges to members of the armed 51 forces and veterans and their families, (4) employment and re-employment 52 services, and (5) other matters of similar, related or appropriate 53 nature. The commissioner shall also assist families of members of the 54 reserve components of the armed forces and the organized militia ordered 55 into active duty to ensure that they are made aware of and are receiving 56 all appropriate support available to them. The department also shall S. 1506--C 60 A. 2006--C 1 perform such other duties as may be assigned by the state director of 2 the division of veterans' [affairs] services. 3 § 41. The section heading and subdivision 1 of section 352 of the 4 executive law, as amended by chapter 501 of the laws of 1993, are 5 amended to read as follows: 6 Veterans' [affairs] services commission. 1. There shall be in the 7 division a veterans' [affairs] services commission, which shall consist 8 of the members and the ex officio members provided for in this section. 9 § 42. Subdivision 1 of section 359 of the executive law, as amended by 10 chapter 196 of the laws of 2009, is amended to read as follows: 11 1. A local director shall designate the location of the local and 12 branch offices of the local veterans' service agency within his or her 13 jurisdiction, which offices shall be open during convenient hours. The 14 cost of maintenance and operation of a county veterans' service agency 15 shall be a county charge and the cost of maintenance and operation of a 16 city veterans' service agency shall be a city charge, excepting that the 17 state director with the approval of the veterans' [affairs] services 18 commission shall allot and pay, from state moneys made available to him 19 or her for such purposes, to each county veterans' service agency and 20 each city veterans' service agency, an amount equal to fifty per centum 21 of its expenditures for maintenance and operation approved by the state 22 director, provided that in no event shall the amount allotted and paid 23 for such approved expenditures incurred in any given year exceed (1) in 24 the case of any county veterans' service agency in a county having a 25 population of not more than one hundred thousand or in the case of any 26 city veterans' service agency in a city having a population of not more 27 than one hundred thousand, the sum of ten thousand dollars, nor (2) in 28 the case of any county veterans' service agency in a county having a 29 population in excess of one hundred thousand excluding the population of 30 any city therein which has a city veterans' service agency, the sum of 31 ten thousand dollars, and, in addition thereto, the sum of five thousand 32 dollars for each one hundred thousand, or major portion thereof, of the 33 population of the county in excess of one hundred thousand excluding the 34 population of any city therein which has a city veterans' service agen- 35 cy, nor (3) in the case of any city veterans' service agency in a city 36 having a population in excess of one hundred thousand, the sum of ten 37 thousand dollars, and, in addition thereto, the sum of five thousand 38 dollars for each one hundred thousand, or major portion thereof, of the 39 population of the city in excess of one hundred thousand. Such popu- 40 lation shall be certified in the same manner as provided by section 41 fifty-four of the state finance law. 42 § 43. Terms occurring in laws, contracts and other documents. Whenev- 43 er the functions, powers, obligations, duties and officials relating to 44 the division of veterans' affairs, the veterans' affairs commission or 45 the director of veterans' affairs is referred to or designated in any 46 other law, regulation, contract or document, such reference or desig- 47 nation shall be deemed to refer to the appropriate functions, powers, 48 obligations, duties, officials and director of the division of veterans' 49 services or the veterans' services commission, as designated by this 50 act. 51 § 44. Existing rights and remedies preserved. No existing right or 52 remedy of any character shall be lost, impaired or affected by reason of 53 this act. 54 § 45. Severability. If any clause, sentence, paragraph, subdivision, 55 section or part contained in any part of this act shall be adjudged by 56 any court of competent jurisdiction to be invalid, such judgment shall S. 1506--C 61 A. 2006--C 1 not affect, impair, or invalidate the remainder thereof, but shall be 2 confined in its operation to the clause, sentence, paragraph, subdivi- 3 sion, section or part contained in any part thereof directly involved in 4 the controversy in which such judgment shall have been rendered. It is 5 hereby declared to be the intent of the legislature that this act would 6 have been enacted even if such invalid provisions had not been included 7 herein. 8 § 46. This act shall take effect immediately; provided, however, that 9 the amendments to paragraph (c) of subdivision 4 of section 369-i of the 10 executive law made by section thirteen of this act shall not affect the 11 repeal of such section and shall be deemed repealed therewith. 12 PART BB 13 Section 1. Subdivisions 2 and 4 and paragraph e of subdivision 5 of 14 section 6456 of the education law, subdivision 2 as added by section 1 15 of part X of chapter 56 of the laws of 2015, subdivision 4 as amended by 16 section 2 of part V of chapter 56 of the laws of 2018, and paragraph e 17 of subdivision 5 as added by section 1 of part V of chapter 56 of the 18 laws of 2018, are amended to read as follows: 19 2. For the purposes of this section, "foster youth" shall mean 20 students who [have qualified as] (i) are an orphan[, foster child] or 21 (ii) are, or have been, either a child or youth in foster care as such 22 term is defined in section thirty-two hundred forty-four of this chapter 23 or ward of the court [for the purposes of federal student financial aid 24 programs authorized by Title IV of the Higher Education Act of 1965, as 25 amended] at any time after their thirteenth birthday. 26 4. Funds for all programs under this section shall be awarded in equal 27 amounts per foster youth[, except for students not enrolled in a post- 28 secondary opportunity program,] to each institution that applies for 29 funding allocated to its sector distribution as provided in subdivision 30 three of this section and has an application that is approved by the 31 commissioner; provided, however, funds shall be awarded to a foster 32 youth based on his or her need as determined by the institution of high- 33 er education where such foster youth is in attendance. 34 e. to provide supplemental housing and meals for foster youth [not 35 currently enrolled in a post-secondary opportunity program at the state 36 university of New York]. 37 § 2. This act shall take effect immediately. 38 PART CC 39 Section 1. Paragraph h of subdivision 2 of section 355 of the educa- 40 tion law is amended by adding a new subparagraph 3-a to read as follows: 41 (3-a) Notwithstanding the provisions of any other general, special or 42 local law, rule or regulation, the state university trustees shall be 43 authorized to set a reduced rate of tuition and/or fees, or to waive 44 tuition and/or fees entirely, for students participating in any dual or 45 concurrent enrollment program with no reduction in other state, local, 46 or other support for such students earning college credit that such 47 higher education partner would otherwise be eligible to receive; 48 provided that, for purposes of this provision, a dual or concurrent 49 enrollment program shall mean one or more college courses taken by a 50 high school student through a state-operated institution while such 51 student is still enrolled in high school or boards of cooperative educa- S. 1506--C 62 A. 2006--C 1 tional services and for which the student may receive both high school 2 and college credit. 3 § 2. Section 6303 of the education law is amended by adding a new 4 subdivision 6 to read as follows: 5 6. Notwithstanding the provisions of any other general, special or 6 local law, rule or regulation, each community college, or the entity or 7 entities responsible for setting tuition at such institution, shall be 8 authorized to set a reduced rate of tuition and/or fees, or to waive 9 tuition and/or fees entirely, for students participating in any dual or 10 concurrent enrollment program with no reduction in other state, local, 11 or other support for such students earning college credit that such 12 higher education partner would otherwise be eligible to receive; 13 provided that, for purposes of this provision, a dual or concurrent 14 enrollment program shall mean one or more college courses taken by a 15 high school student through a community college while such student is 16 still enrolled in high school or boards of cooperative educational 17 services and for which the student may receive both high school and 18 college credit. 19 § 3. Subdivision 7 of section 6206 of the education law is amended by 20 adding a new paragraph (e) to read as follows: 21 (e) Notwithstanding the provisions of any other general, special or 22 local law, rule or regulation, the board of trustees shall be authorized 23 to set a reduced rate of tuition and/or fees, or to waive tuition and/or 24 fees entirely, for students participating in any dual or concurrent 25 enrollment program with no reduction in other state, local, or other 26 support for such students earning college credit that such higher educa- 27 tion partner would otherwise be eligible to receive; provided that, for 28 purposes of this provision, a dual or concurrent enrollment program 29 shall mean one or more college courses taken by a high school student 30 through a community college or a senior college of the city university 31 while such student is still enrolled in high school and for which the 32 student may receive both high school and college credit. 33 § 4. This act shall take effect immediately. 34 PART DD 35 Section 1. The civil service law is amended by adding a new section 36 215 to read as follows: 37 § 215. Agency shop fee deductions. 1. Notwithstanding any other law to 38 the contrary, any public employer, any employee organization, the comp- 39 troller and the board, or any of their employees or agents, shall not be 40 liable for, and shall have a complete defense to, any claims or actions 41 under the laws of this state for requiring, deducting, receiving, or 42 retaining agency shop fee deductions from public employees, and current 43 or former public employees shall not have standing to pursue these 44 claims or actions, if the fees were permitted or mandated at the time 45 under the laws of this state then in force and paid, through payroll 46 deduction or otherwise, prior to June twenty-seventh, two thousand eigh- 47 teen. 48 2. This section shall apply to claims and actions pending or filed on 49 or after June twenty-seventh, two thousand eighteen. 50 3. The enactment of this section shall not be interpreted to create 51 the inference that any relief made unavailable by this section would 52 otherwise be available. 53 § 2. This act shall take effect immediately. S. 1506--C 63 A. 2006--C 1 PART EE 2 Section 1. Legislative findings. The legislature finds that the State 3 University of New York at Albany ("University") is in the process of 4 developing 12 neighboring acres on the W. Averell Harriman State Office 5 Building Campus to build the 245,000-square-foot Emerging Technology and 6 Entrepreneurship Complex ("ETEC"). This ETEC development is part of a 7 long-term development strategy of the University as part of the NYSUNY 8 2020 Challenge Grant Program. ETEC will house the University's College 9 of Emergency Preparedness, Homeland Security and Cybersecurity, the 10 Department of Atmospheric and Environmental Sciences, the Atmospheric 11 Sciences Research Center and other University academic departments, as 12 well as the New York State Mesonet weather-detection system. As part of 13 this effort, the University wishes to lease a portion of the space with- 14 in ETEC to non-New York State entities, including businesses, to enable 15 collaboration, research commercialization, and real world experiential 16 learning opportunities for students. The legislature further finds that 17 granting the trustees of the State University of New York the authority 18 and power to lease and otherwise contract a portion of the ETEC will 19 promote the mission of the new facility to help the state be better 20 prepared for emerging threats of extreme weather and terrorism. 21 § 2. Notwithstanding any other law to the contrary, the state univer- 22 sity trustees are authorized and empowered to delegate to the University 23 the authorization and empowerment to lease or otherwise contract to 24 tenants with interests that are in alignment with the academic and 25 research mission of the University. The University under this authori- 26 zation shall be permitted to lease or otherwise contract up to 15,000 27 square feet of space and facilities at ETEC, without any public bidding. 28 Any lease or contract of such space and facilities at ETEC may be 29 subject to applicable approvals of the office of the Attorney General 30 and the Office of the State Comptroller for revenue contracts. Such 31 leases or contracts shall be for periods not to exceed 50 years and 32 shall be conditioned upon any terms and conditions determined to be 33 necessary by the state university trustees. 34 § 3. Pursuant to section two of this act, notwithstanding any law, 35 rule or regulation to the contrary, the State University of New York 36 shall not contract out to any lessees or contractors or any subsidiary 37 of such lessees or contractors for the instruction of students or any 38 pedagogical functions or services, maintenance, operation or any admin- 39 istrative services, or similar professional services that will be 40 performed by state employees at the University. All such functions and 41 services shall be performed by state employees pursuant to the civil 42 service law. Nothing in this act shall result in the permanent displace- 43 ment of any currently employed state worker or the loss of position 44 (including partial displacement such as the permanent reduction in the 45 hours of non-overtime, wages or employment benefits), or result in the 46 impairment of existing contracts for services or collective bargaining 47 rights pursuant to existing agreements. All positions currently within 48 the space described in section two of this act in the unclassified or 49 classified service of the civil service law shall remain in the classi- 50 fied or unclassified service. 51 § 4. Any leases entered into by the University pursuant to section two 52 of this act shall be considered revenue contracts of the University and 53 subject to review and approval by the office of the Attorney General and 54 the office of the State Comptroller as required for revenue contracts at S. 1506--C 64 A. 2006--C 1 the time of execution of said leases. All proceeds from said leases 2 shall be deposited into accounts of the University. 3 § 5. Insofar as the provisions of this act are inconsistent with the 4 provisions of any law, general, special or local, the provisions of this 5 act shall be controlling. 6 § 6. This act shall take effect immediately. 7 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 8 sion, section or part of this act shall be adjudged by any court of 9 competent jurisdiction to be invalid, such judgment shall not affect, 10 impair, or invalidate the remainder thereof, but shall be confined in 11 its operation to the clause, sentence, paragraph, subdivision, section 12 or part thereof directly involved in the controversy in which such judg- 13 ment shall have been rendered. It is hereby declared to be the intent of 14 the legislature that this act would have been enacted even if such 15 invalid provisions had not been included herein. 16 § 3. This act shall take effect immediately provided, however, that 17 the applicable effective date of Parts A through EE of this act shall be 18 as specifically set forth in the last section of such Parts.