[ ] is old law to be omitted.
LBD12572-02-5
S. 2006--A 2 A. 3006--A
amending the education law relating to implementation of the No Child
Left Behind Act of 2001, in relation to extending the expiration of
certain provisions of such chapters; allocates school bus driver
training grants to school districts and boards of cooperative educa-
tion services; allows for eligible school districts to receive special
apportionments for salary expenses; allows for eligible school
districts to receive special apportionments for public pension
accruals; allows any moneys appropriated to the state education
department to be suballocated to other state departments or agencies
and/or shall be made available for specific payment of aid; allows the
city school district of the city of Rochester to purchase services as
a non-component school district; specifies amounts of state funds set
aside for each school district for the purpose of the development,
maintenance or expansion of magnet schools or magnet school programs;
prohibits moneys appropriated for the support of public libraries to
be used for library construction (Part A); to amend the education law,
in relation to streamlining higher education program approvals (Part
B); to amend the education law, in relation to creating the New York
state get on your feet loan forgiveness program (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 higher educa-
tion opportunity programs and the collegiate science and technology
entry program; the definition of "resident"; financial aid opportu-
nities 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 such law relat-
ing thereto (Part D); to amend the education law and the tax law, in
relation to enacting the "education tax credit act" (Part E); to amend
the banking law, in relation to creating a standard financial aid
award letter (Part F); to amend the education law, the business corpo-
ration law, the partnership law and the limited liability company law,
in relation to certified public accountants (Part G); to amend the
education law, in relation to the implementation by all colleges and
universities in the state of New York of sexual assault, dating
violence, domestic violence, and stalking prevention and response
policies and procedures (Part H); 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 I); to amend the
family court act, in relation to family court proceedings, jurisdic-
tion of the court, the definition of juvenile delinquent, the defi-
nition of a designated felony act, the procedures regarding the
adjustment of cases from criminal courts to family court, the age at
which children may be tried as an adult for various felonies, and the
manner in which courts handle juvenile delinquent cases; to amend the
social services law, in relation to state reimbursement for expendi-
tures made by social services districts for various services; to amend
the social services law, in relation to the definitions of juvenile
delinquent and persons in need of supervision; to amend the penal law,
in relation to the definition of infancy and the authorized disposi-
tions, sentences, and periods of post-release supervision for juvenile
offenders; to amend the criminal procedure law, in relation to the
definition of juvenile offender; to amend the criminal procedure law,
in relation to the arrest of a juvenile offender without a warrant; in
relation to conditional sealing of certain convictions for offenses
S. 2006--A 3 A. 3006--A
committee by a defendant twenty years of age or younger; in relation
to removal of certain proceedings to family court; in relation to
joinder of offenses and consolidation of indictments; in relation to
appearances and hearings for and placements of certain juvenile offen-
ders; in relation to raising the age for juvenile offender status; in
relation to creating a youth part for certain proceedings involving
juvenile offenders; to amend the correction law, in relation to
requiring that no county jail be used for the confinement of persons
under the age of eighteen; to amend the education law, in relation to
certain contracts with the office of children and family services; to
amend the education law, in relation to the possession of a gun on
school grounds by a student; to amend the executive law, in relation
to persons in need of supervision or youthful offenders; to amend part
K of chapter 57 of the laws of 2012, amending the education law,
relating to authorizing the board of cooperative educational services
to enter into contracts with the commissioner of children and family
services to provide certain services, in relation to making such
provisions permanent; to repeal certain sections of the family court
act relating to custody and detention of juvenile and youthful offen-
ders; to repeal section 180.75 of the criminal procedure law relating
to proceedings upon a felony complaint against a juvenile offender;
and to repeal certain provisions of the correction law relating to the
housing of prisoners and other persons in custody (Part J); to amend
the social services law, in relation to state reimbursement and subsi-
dies for the adoption of children (Part K); to amend the social
services law, the family court act, the public health law and the
executive law, in relation to implementing provisions required by the
federal preventing sex trafficking and strengthening families act
(Part L); to utilize reserves in the mortgage insurance fund for vari-
ous housing purposes (Part M); to amend the labor law, in relation to
the minimum wage (Part N); to amend the labor law, in relation to
authorized absences by healthcare professionals who volunteer to fight
the Ebola virus disease overseas; and providing for the repeal of such
provisions upon expiration thereof (Part O); to amend the labor law,
the workers' compensation law and chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, in relation to
eliminating certain fees charged by the department of labor; and to
repeal certain provisions of the labor law and the workers' compen-
sation law relating thereto (Part P); to amend the education law, in
relation to requiring experiential learning as a requirement for grad-
uation (Part Q); and to amend part U of chapter 57 of the laws of 2005
relating to the New York state higher education capital matching grant
program for independent colleges, in relation to the New York state
higher education matching grant program for independent colleges and
the effectiveness thereof (Part R)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through R. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
S. 2006--A 4 A. 3006--A
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; AND PROVIDED FURTHER THAT, A SCHOOL
S. 2006--A 5 A. 3006--A
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE
DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR
EXCELLENCE FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI)
OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE
EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT
APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR. For purposes of
this paragraph, the "gap elimination adjustment percentage" shall be
calculated as the sum of one minus the quotient of the sum of the school
district's net gap elimination adjustment for two thousand ten--two
thousand eleven computed pursuant to chapter fifty-three of the laws of
two thousand ten, making appropriations for the support of government,
plus the school district's gap elimination adjustment for two thousand
eleven--two thousand twelve as computed pursuant to chapter fifty-three
of the laws of two thousand eleven, making appropriations for the
support of the local assistance budget, including support for general
support for public schools, divided by the total aid for adjustment
computed pursuant to chapter fifty-three of the laws of two thousand
eleven, making appropriations for the local assistance budget, including
support for general support for public schools. Provided, further, that
such amount shall be expended to support and maintain allowable programs
and activities approved in the two thousand nine--two thousand ten
school year or to support new or expanded allowable programs and activ-
ities in the current year.
S 2. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 8 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910".
S 3. Subdivision 12 of section 3602 of the education law, as amended
by section 10 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
S. 2006--A 6 A. 3006--A
For the two thousand nine--two thousand ten through two thousand four-
teen--two thousand fifteen school years, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN YEAR, EACH SCHOOL
DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET
FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEAD-
ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", AND SUCH
APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE
AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX
HUNDRED FORTY-ONE OF THIS ARTICLE.
S 4. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 11 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen [school
year and the two thousand fourteen--two thousand fifteen] THROUGH TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school [year] YEARS equal to the
greater of (1) the amount set forth for such school district as "HIGH
TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910" or (2) the amount set forth for such school district as "HIGH
TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the execu-
tive budget for the 2013-14 fiscal year and entitled "BT131-4".
S 5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 56 of the
laws of 2014, is amended to read as follows:
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
S. 2006--A 7 A. 3006--A
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the elec-
tronic data file produced by the commissioner in support of the two
thousand nine--two thousand ten education, labor and family assistance
budget, provided, however, that in the case of a district implementing
programs for the first time or implementing expansion programs in the
two thousand eight--two thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as "UNIVERSAL PREKINDER-
GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen[, two thousand thirteen--two
thousand fourteen and two thousand fourteen--two thousand fifteen]
THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years each
school district shall be eligible for a maximum grant equal to the
greater of (i) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS"
in the school aid computer listing produced by the commissioner in
support of the enacted budget for the 2011-12 school year and entitled
"SA111-2", or (ii) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS"
in the school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph b of subdivision
twenty-one of section three hundred five of this chapter, and provided
further that the maximum grant shall not exceed the total actual grant
expenditures incurred by the school district in the current school year
as approved by the commissioner.
S 6. The opening paragraph of section 3609-a of the education law, as
amended by section 4 of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the [two thousand thirteen--two thousand fourteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year, "moneys apportioned"
shall mean the lesser of (i) the sum of one hundred percent of the
respective amount set forth for each school district as payable pursuant
to this section in the school aid computer listing for the current year
produced by the commissioner in support of the budget which includes the
appropriation for the general support for public schools for the
prescribed payments and individualized payments due prior to April first
for the current year plus the apportionment payable during the current
school year pursuant to subdivision six-a and subdivision fifteen of
section thirty-six hundred two of this part minus any reductions to
current year aids pursuant to subdivision seven of section thirty-six
hundred four of this part or any deduction from apportionment payable
pursuant to this chapter for collection of a school district basic
S. 2006--A 8 A. 3006--A
contribution as defined in subdivision eight of section forty-four
hundred one of this chapter, less any grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of section nine-
ty-two-c of the state finance law, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
less any grants provided pursuant to subdivision twelve of section thir-
ty-six hundred forty-one of this article, or (ii) the apportionment
calculated by the commissioner based on data on file at the time the
payment is processed; provided however, that for the purposes of any
payments made pursuant to this section prior to the first business day
of June of the current year, moneys apportioned shall not include any
aids payable pursuant to subdivisions six and fourteen, if applicable,
of section thirty-six hundred two of this part as current year aid for
debt service on bond anticipation notes and/or bonds first issued in the
current year or any aids payable for full-day kindergarten for the
current year pursuant to subdivision nine of section thirty-six hundred
two of this part. The definitions of "base year" and "current year" as
set forth in subdivision one of section thirty-six hundred two of this
part shall apply to this section. For aid payable in the two thousand
fourteen--two thousand fifteen school year, reference to such "school
aid computer listing for the current year" shall mean the printouts
entitled "SA141-5".
S 7. The education law is amended by adding a new section 3609-h to
read as follows:
S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING
GRANTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE
STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU-
SAND FOURTEEN. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX
HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI-
SION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE
PAID PURSUANT TO THIS SECTION. THE DEFINITIONS OF "BASE YEAR" AND
"CURRENT YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION.
1. THE MONEYS APPORTIONED BY THE COMMISSIONER TO SCHOOL DISTRICTS
PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE
FINANCE LAW FOR THE TWO THOUSAND FOURTEEN-TWO THOUSAND FIFTEEN SCHOOL
YEAR AND THEREAFTER SHALL BE PAID AS A COMMERCIAL GAMING GRANT, AS
COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS:
A. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR,
ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE
PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARA-
GRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
ARTICLE.
B. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND
THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE
AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF
PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF
THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH
THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THIS ARTICLE.
2. ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL BE
GENERAL RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL PURPOSE
OF THE DISTRICT.
S. 2006--A 9 A. 3006--A
S 8. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 5 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through [two
thousand fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN.
S 9. Subdivision 6 of section 4402 of the education law, as amended by
section 9 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [fifteen] SIXTEEN of the two
thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school year,
be authorized to increase class sizes in special classes containing
students with disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not to exceed one and two
tenths times the applicable maximum class size specified in regulations
of the commissioner rounded up to the nearest whole number, provided
that in a city school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and provided that the projected average
class size shall not exceed the maximum specified in the applicable
regulation, provided that such authorization shall terminate on June
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and a certification
that the board will conduct a study of attendance problems at the
secondary level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the rate
for students attending regular education classes in secondary schools of
the district. Such corrective action plan shall be submitted for
S. 2006--A 10 A. 3006--A
approval by the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to this subdivi-
sion to be prescribed by the commissioner. Upon at least thirty days
notice to the board of education, after conclusion of the school year in
which such board increases class sizes as provided pursuant to this
subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
S 10. The education law is amended by adding a new section 4403-a to
read as follows:
S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN A PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE
IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND
MANNER THAT WOULD ENSURE THAT SUCH PARENTS OR PERSONS IN A PARENTAL
RELATIONSHIP WOULD BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR
UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND
DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIV-
ER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR
SUCH PARENTS OR PERSONS IN A PARENTAL RELATIONSHIP TO SUBMIT WRITTEN
COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE
COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN
COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN A PARENTAL RELATION TO
SUCH STUDENTS.
3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WOULD ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN
INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE
FEDERAL REQUIREMENTS, AND WOULD ENHANCE STUDENT ACHIEVEMENT AND/OR
OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING
SUCH DETERMINATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS
RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN A
PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE
WAIVER IF GRANTED.
4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
S. 2006--A 11 A. 3006--A
S 11. Subparagraph (i) of paragraph a of subdivision 10 of section
4410 of the education law is amended by adding a new clause (C) to read
as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS START-
ING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE
COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION ITINERANT
SERVICES BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A METHODOLOGY
ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FOUR HUNDRED
FIVE OF THIS ARTICLE.
S 12. Section 97-nnnn of the state finance law is amended by adding a
new subdivision 6 to read as follows:
6. A. MONEYS APPROPRIATED FROM THE FUND FOR THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN AND TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN SCHOOL YEARS, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO
PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION SHALL BE APPORTIONED
AND PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU-
SAND FIFTEEN.
B. EACH SCHOOL DISTRICT ELIGIBLE TO RECEIVE TOTAL FOUNDATION AID
PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL
RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE PRODUCT OF
THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE
CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING
RATIO. THE "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF
THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION THIRTY-SIX
HUNDRED NINE-A OF THE EDUCATION LAW AS SET FORTH IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
STATE BUDGET FOR THE CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH
MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH SCHOOL
AID COMPUTER LISTING IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE
CURRENT SCHOOL YEAR.
MONEYS TO BE APPROPRIATED FROM THE FUND IN ANY STATE FISCAL YEAR,
COMMENCING ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, FOR THE
PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE APPOR-
TIONED AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY-
SIX HUNDRED NINE-H OF THE EDUCATION LAW.
S 13. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
12 of part A of chapter 56 of the laws of 2014, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2011--2012 school year shall not exceed 62.9
percent of the lesser of such approvable costs per contact hour or
twelve dollars and fifteen cents per contact hour, reimbursement] for
the 2012--2013 school year shall not exceed 63.3 percent of the lesser
of such approvable costs per contact hour or twelve dollars and thirty-
five cents per contact hour, reimbursement for the 2013--2014 school
year shall not exceed 62.3 percent of the lesser of such approvable
costs per contact hour or twelve dollars and sixty-five cents per
contact hour, [and] reimbursement for the 2014--2015 school year shall
not exceed 61.6 percent of the lesser of such approvable costs per
contact hour or [eight] THIRTEEN dollars per contact hour, AND
REIMBURSEMENT FOR THE 2015--2016 SCHOOL YEAR SHALL NOT EXCEED 60.7
S. 2006--A 12 A. 3006--A
PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR-
TEEN DOLLARS AND FORTY CENTS PER CONTACT HOUR where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult. Notwithstanding any other provision of law to the contrary, [for
the 2011--2012 school year such contact hours shall not exceed one
million seven hundred one thousand five hundred seventy (1,701,570)
hours; whereas] for the 2012--2013 school year such contact hours shall
not exceed one million six hundred sixty-four thousand five hundred
thirty-two (1,664,532) hours; whereas for the 2013--2014 school year
such contact hours shall not exceed one million six hundred forty-nine
thousand seven hundred forty-six (1,649,746) hours; whereas for the
2014--2015 school year such contact hours shall not exceed one million
[six hundred twenty-five thousand (1,625,000)] SIX HUNDRED EIGHTEEN
THOUSAND NINE HUNDRED TWENTY-NINE (1,618,929) hours; WHEREAS FOR THE
2015--2016 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN (1,414,514) HOURS.
Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
S 14. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion t to read as follows:
T. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2015--2016 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,
500,000).
S 15. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 14 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2015] 2016.
S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 15 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
S. 2006--A 13 A. 3006--A
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2016] 2017.
S 17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 16 of part A of chapter 56 of the laws
of 2014, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2015] 2016 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2015] 2016;
S 18. Section 7 of chapter 472 of the laws of 1998, amending the
education law relating to the lease of school buses by school districts,
as amended by section 26 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
S 7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2015] 2017.
S 19. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 18 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
S 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when
upon such date the provisions of this act shall be deemed repealed.
S 20. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 19 of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
S 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2015] 2016.
S 21. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 20 of part A of chapter 56 of the laws of
2014, is amended to read as follows:
S 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2015] 2016.
S 22. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2015-2016 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes of this section. Such
payments shall not exceed four hundred thousand dollars ($400,000) per
school year.
S. 2006--A 14 A. 3006--A
S 23. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2016 and not later than the last day of the third full
business week of June 2016, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2016, for salary expenses incurred between April 1 and
June 30, 2015 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
S. 2006--A 15 A. 3006--A
deducted on a chronological basis starting with the earliest payment due
the district.
S 24. Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2016, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2016 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 25. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
b. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from the general
S. 2006--A 16 A. 3006--A
fund/aid to localities, local assistance account-001, shall be for
payment of financial assistance, as scheduled, net of disallowances,
refunds, reimbursement and credits.
c. Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account office of prekindergarten through grade
twelve education programs.
S 26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2015--2016 school year, as a non-component school
district, services required by article 19 of the education law.
S 27. The amounts specified in this section shall be a set aside from
the state funds which each such district is receiving from the total
foundation aid: for the purpose of the development, maintenance or
expansion of magnet schools or magnet school programs for the 2015--2016
school year. To the city school district of the city of New York there
shall be paid forty-eight million one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars ($21,025,000); to the
Rochester city school district, fifteen million dollars ($15,000,000);
to the Syracuse city school district, thirteen million dollars
($13,000,000); to the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district, four million six hundred forty-five thousand dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two million dollars ($2,000,000); to the New
Rochelle city school district, one million four hundred ten thousand
dollars ($1,410,000); to the Schenectady city school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one hundred fifty thousand dollars
($1,150,000); to the White Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars ($600,000); to the Albany city school
district, three million five hundred fifty thousand dollars
($3,550,000); to the Utica city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the Middletown city school district,
four hundred thousand dollars ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh central school district, three hundred thousand dollars
($300,000); to the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the Peekskill city school district, two
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
S. 2006--A 17 A. 3006--A
to this section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to reduction of
racial isolation and/or enhancement of the instructional program and
raising of standards in elementary and secondary schools of school
districts having substantial concentrations of minority students. The
commissioner of education shall not be authorized to withhold magnet
grant funds from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner. For the purpose of attendance
improvement and dropout prevention for the 2015--2016 school year, for
any city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year. For the 2015--2016
school year, it is further provided that any city school district in a
city having a population of more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant to the requirements of this subdivision to community-based
organizations. Any increase required pursuant to this subdivision to
community-based organizations must be in addition to allocations
provided to community-based organizations in the base year. For the
purpose of teacher support for the 2015--2016 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven thousand dollars ($62,707,000); to the Buffalo city school
district, one million seven hundred forty-one thousand dollars
($1,741,000); to the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); to the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and to the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
S 28. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2015 enacting
the aid to localities budget shall be apportioned for the 2015-2016
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the educa-
tion law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001-2002
S. 2006--A 18 A. 3006--A
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2015-2016
by a chapter of the laws of 2015 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
S 29. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 30. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2015, provided,
however, that:
1. Sections one, eight, nine, thirteen, fourteen, twenty-two, twenty-
six and twenty-seven of this act shall take effect July 1, 2015.
2. Sections seven and twelve of this act shall take effect April 1,
2014.
3. Section six of this act shall take effect July 1, 2014.
4. Section eleven of this act shall take effect April 1, 2015 and
shall first apply to reimbursement for services and programs provided
pursuant to section 4410 of the education law in the 2015-16 school
year.
5. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York City, made by sections thirteen and four-
teen of this act shall not affect the repeal of such chapter and shall
be deemed repealed therewith.
6. Section seventeen of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.
PART B
Section 1. The education law is amended by adding a new section 210-a
to read as follows:
S 210-A. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE, OR
REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY
OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE
REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY-
SEVEN OF THIS CHAPTER, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO
HUNDRED SIXTEEN OF THIS CHAPTER, OR LEAD TO PROFESSIONAL LICENSURE AND
THAT IS APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY
UNIVERSITY BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY
S. 2006--A 19 A. 3006--A
OTHER NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS
WHICH (1) HAS MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE
IMMEDIATELY PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY
THE SAME GOVERNING CORPORATE ENTITY DURING THE SAME IMMEDIATELY PRECED-
ING TEN YEAR PERIOD AND (2) IS ACCREDITED AND HAS CONTINUED IN ACCREDI-
TATION BY THE MIDDLE STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR
THE DEPARTMENT FOR THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED
REGISTERED WITH THE DEPARTMENT WITHIN THIRTY DAYS OF NOTIFICATION OF
APPROVAL. IF THE COLLEGE OR UNIVERSITY IS PLACED ON PROBATION OR HAS ITS
ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE OR UNIVERSITY SHALL
NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY DAYS AFTER BEING
FORMALLY INFORMED OF ITS PROBATION OR LOSS OF ACCREDITATION BY MSCHE. IF
A COLLEGE OR UNIVERSITY HAS ITS ACCREDITATION PLACED ON PROBATION OR
TERMINATED BY THE MSCHE OR THE EDUCATION DEPARTMENT THE COLLEGE OR
UNIVERSITY SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL IT
HAD BEEN REMOVED FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR
THE EDUCATION DEPARTMENT, AND SHALL REMAIN SUBJECT TO SUCH COMMISSION-
ER'S PROGRAM APPROVAL UNTIL IT HAS CONTINUED IN ACCREDITATION AND WITH-
OUT PROBATION FOR A PERIOD OF NOT LESS THAN SIX YEARS. IF A COLLEGE OR
UNIVERSITY SUBJECT TO THIS SECTION INTENDS TO OFFER OR INSTITUTE AN
ADDITIONAL DEGREE OR PROGRAM WHICH CONSTITUTES A "SUBSTANTIVE CHANGE,"
AS DEFINED AND DETERMINED BY MSCHE, THEN THE COLLEGE OR UNIVERSITY SHALL
PROVIDE THE COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS
FILED WITH MSCHE AS PART OF MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS
AND SHALL INFORM THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS
APPROVED. ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT SATISFY ALL OF
THE PROVISIONS OF THIS PARAGRAPH SHALL COMPLY WITH THE PROCEDURES AND
CRITERIA ESTABLISHED BY THE REGENTS AND COMMISSIONER FOR ACADEMIC
PROGRAM APPROVAL. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE
DEPARTMENT'S EXISTING AUTHORITY TO ACT ON COMPLAINTS CONCERNING THE
INSTITUTION, INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART C
Section 1. The education law is amended by adding a new section 679-g
to read as follows:
S 679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM. 1.
PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
THE PURPOSE OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN DEBT FOR
RECENT NEW YORK STATE COLLEGE GRADUATES.
2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION,
AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW
YORK STATE OR ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE
HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN-
CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM
A COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK STATE
IN OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C) APPLY
FOR THIS PROGRAM WITHIN TWO YEARS OF COLLEGE GRADUATION; (D) BE A
PARTICIPANT IN A FEDERAL INCOME-DRIVEN REPAYMENT PLAN WHOSE PAYMENT
AMOUNT IS GENERALLY TEN PERCENT OF DISCRETIONARY INCOME; (E) HAVE INCOME
OF LESS THAN FIFTY THOUSAND DOLLARS; (F) BE A RESIDENT OF NEW YORK
STATE; AND (G) WORK IN NEW YORK STATE, IF EMPLOYED. FOR PURPOSES OF THIS
PROGRAM, "INCOME" SHALL BE THE TOTAL ADJUSTED GROSS INCOME OF THE APPLI-
CANT AND THE APPLICANT'S SPOUSE, IF APPLICABLE.
S. 2006--A 20 A. 3006--A
3. AWARDS. AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU-
SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE HUNDRED
PERCENT OF HIS OR HER MONTHLY FEDERAL INCOME-DRIVEN REPAYMENT PLAN
PAYMENTS FOR THE FIRST TWO YEARS OF REPAYMENT UNDER THE FEDERAL PROGRAM.
4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART D
Section 1. This act shall be known and may be cited as the "New York
state DREAM Act".
S 2. Subdivision 3 of section 661 of the education law is REPEALED.
S 3. Paragraph a of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is amended to read as
follows:
a. (I) Except as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
applicant for an award at the undergraduate level of study must either
[(i)] (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term of
attendance for which application for assistance is made, or [(ii)] (B)
be a legal resident of the state and have been a legal resident during
his OR HER last two semesters of high school either prior to graduation,
or prior to admission to college. Provided further that persons shall be
eligible to receive awards under section six hundred sixty-eight or
section six hundred sixty-nine OF THIS PART who are currently legal
residents of the state and are otherwise qualified.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE
UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL
DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF
HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS
SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA; OR
S. 2006--A 21 A. 3006--A
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 4. Paragraph b of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is amended to read as
follows:
b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either [(i)] (A) have been a legal resident of the state for at least
one year immediately preceding the beginning of the semester, quarter or
term of attendance for which application for assistance is made, or
[(ii)] (B) be a legal resident of the state and have been a legal resi-
dent during his OR HER last academic year of undergraduate study and
have continued to be a legal resident until matriculation in the gradu-
ate program.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE
UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL
DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU-
TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA; OR
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
S. 2006--A 22 A. 3006--A
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 5. Paragraph d of subdivision 5 of section 661 of the education law,
as amended by chapter 844 of the laws of 1975, is amended to read as
follows:
d. If an applicant for an award allocated on a geographic basis has
more than one residence in this state, his OR HER residence for the
purpose of this article shall be his OR HER place of actual residence
during the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
S 6. Paragraph e of subdivision 5 of section 661 of the education law,
as added by chapter 630 of the laws of 2005, is amended to read as
follows:
e. Notwithstanding any other provision of this article to the contra-
ry, the New York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse or dependent of a
member, of the armed forces of the United States on full-time active
duty and stationed in this state.
S 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
sion 2 of section 355 of the education law, as added by chapter 327 of
the laws of 2002, are amended to read as follows:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution or educational
unit of the state university within five years of receiving a New York
state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the state university within five
years of receiving a general equivalency diploma issued within New York
state; or
S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
section 6206 of the education law, as amended by chapter 260 of the laws
of 2011, are amended to read as follows:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution or educational
unit of the city university within five years of receiving a New York
state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
S. 2006--A 23 A. 3006--A
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the city university within five
years of receiving a general equivalency diploma issued within New York
state; or
S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002, the opening para-
graph as amended by section 2 of part O of chapter 58 of the laws of
2006, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. The trustees shall further
provide that the payment of tuition and fees by any student who is not a
resident of New York state, other than a non-immigrant alien within the
meaning of paragraph (15) of subsection (a) of section 1101 of title 8
of the United States Code, shall be paid at a rate or charge no greater
than that imposed for students who are residents of the state if such
student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution or educational
unit of the city university within five years of receiving a New York
state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
an institution or educational unit of the city university within five
years of receiving a general equivalency diploma issued within New York
state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is eligi-
ble to do so. The trustees shall not adopt changes in tuition charges
S. 2006--A 24 A. 3006--A
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
S 9. Subdivision 5 of section 6301 of the education law, as amended by
chapter 327 of the laws of 2002, is amended to read as follows:
5. "Resident." A person who has resided in the state for a period of
at least one year and in the county, city, town, intermediate school
district, school district or community college region, as the case may
be, for a period of at least six months, both immediately preceding the
date of such person's registration in a community college or, for the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term shall include any student who is not a resident of New York state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code, if
such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at an institution or educational unit of the
state university] AND ATTENDED A COMMUNITY COLLEGE within five years of
receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an
institution or educational unit of the state university], EARNED ADMIS-
SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY
COLLEGE within five years of receiving a general equivalency diploma
issued within New York state; or
(iii) was enrolled in [an institution or educational unit of the state
university] A COMMUNITY COLLEGE in the fall semester or quarter of the
two thousand one--two thousand two academic year and was authorized by
such [institution or educational unit] COMMUNITY COLLEGE to pay tuition
at the rate or charge imposed for students who are residents of the
state.
Provided, further, that a student without lawful immigration status
shall also be required to file an affidavit with such [institution or
educational unit] COMMUNITY COLLEGE stating that the student has filed
an application to legalize his or her immigration status, or will file
such an application as soon as he or she is eligible to do so.
In the event that a person qualified as above for state residence, but
has been a resident of two or more counties in the state during the six
months immediately preceding his OR HER application for a certificate of
residence pursuant to section sixty-three hundred five of this chapter,
S. 2006--A 25 A. 3006--A
the charges to the counties of residence shall be allocated among the
several counties proportional to the number of months, or major fraction
thereof, of residence in each county.
S 10. Paragraph d of subdivision 3 of section 6451 of the education
law, as amended by chapter 149 of the laws of 1972, is amended to read
as follows:
d. Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
however, that such supplemental financial assistance shall be furnished
pursuant to criteria promulgated by the commissioner with the approval
of the director of the budget.
S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:
(v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however,
that such supplemental financial assistance shall be furnished pursuant
to criteria promulgated by such universities and approved by the regents
and the director of the budget.
S 12. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read as
follows:
(a) (I) Undergraduate science and technology entry program moneys may
be used for tutoring, counseling, remedial and special summer courses,
supplemental financial assistance, program administration, and other
activities which the commissioner may deem appropriate. To be eligible
for undergraduate collegiate science and technology entry program
support, a student must be a resident of New York [who is], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group historically under
represented in the scientific, technical, health and health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved, undergraduate level program of study, as defined by the
regents.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE
UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
S. 2006--A 26 A. 3006--A
EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL
DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF
HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS
SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA; OR
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 13. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read as
follows:
(a) (I) Graduate science and technology entry program moneys may be
used for recruitment, academic enrichment, career planning, supplemental
financial assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate science and technology
entry program support, a student must be a resident of New York [who
is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical and health-
related professions. Eligible students must be in good academic stand-
ing, enrolled full time in an approved graduate level program, as
defined by the regents.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE
UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE
ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK
STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
ATTENDED WITHIN TEN YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL
DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
S. 2006--A 27 A. 3006--A
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU-
TION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA; OR
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 14. Subparagraph (i) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
(i) the name, address and social security number [or], employer iden-
tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
S 15. Subparagraph (iii) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
(iii) the name, address, and social security number, EMPLOYER IDEN-
TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
S 16. The president of the higher education services corporation shall
establish an application form and procedures that shall allow a student
applicant that meets the requirements set forth in subparagraph (ii) of
paragraph a or subparagraph (ii) of paragraph b of subdivision 5 of
section 661 of the education law to apply directly to the higher educa-
tion services corporation for applicable awards without having to submit
information to any other state or federal agency. All information
contained with the applications filed with such corporation shall be
deemed confidential, except that the corporation shall be entitled to
release information to participating institutions as necessary for the
administration of financial aid programs and to the extent required
pursuant to article six of the public officers law or otherwise required
by law.
S 17. The higher education services corporation is authorized to
promulgate rules and regulations, and may promulgate emergency regu-
lations, necessary for the implementation of the provisions of this act.
S 18. This act shall take effect on the ninetieth day after the issu-
ance of regulations and the development of an application form by the
S. 2006--A 28 A. 3006--A
president of the higher education services corporation or on the nineti-
eth day after it shall have become a law, whichever shall be later;
provided however, notwithstanding the foregoing, this act shall not take
effect unless the legislature enacts, by no later than March 31, 2015, a
chapter of law identical to legislation submitted by the Governor pursu-
ant to Article VII of the New York Constitution as Part E of legislative
bill numbers S. 2006 and A. 3006 relating to an education tax credit
program that would make available $100 million in tax credits annually
to provide a tax credit incentive to encourage individual and business
donations to support public schools' educational improvement programs as
well as public and non-public school scholarships for elementary and
secondary school students. Provided, that the amendments to paragraph
(a) of subdivision 7 of section 6206 of the education law, made by
section eight-a of this act, shall take effect upon the expiration and
repeal of the amendments to such paragraph made by section 4 of chapter
260 of the laws of 2011 pursuant to section 16 of chapter 260 of the
laws of 2011, as amended. Provided further, however, that the amend-
ments to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7
of section 6206 of the education law made by section eight of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith; provided that the president of the higher education
services corporation shall notify the legislative bill drafting commis-
sion upon the occurrence of the issuance of regulations and the develop-
ment of an application form provided for in this section in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.
PART E
Section 1. Short title. This act shall be known and may be cited as
the "education tax credit act".
S 2. The education law is amended by adding a new article 25 to read
as follows:
ARTICLE 25
EDUCATION TAX CREDIT PROGRAM
SECTION 1209. SHORT TITLE.
1210. DEFINITIONS.
1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
1212. APPLICATIONS FOR APPROVAL TO ISSUE CERTIFICATES OF
RECEIPT.
1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPTS.
1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
1215. REPORTING AND RECORDKEEPING.
1216. JOINT ANNUAL REPORT.
1217. COMMISSIONER; POWERS.
S 1209. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EDUCATION TAX CREDIT PROGRAM".
S 1210. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORIZED CONTRIBUTION" MEANS THE CONTRIBUTION AMOUNT THAT IS
LISTED ON THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO A TAXPAY-
ER.
S. 2006--A 29 A. 3006--A
2. "CONTRIBUTION" MEANS A DONATION PAID BY CASH, CHECK, ELECTRONIC
FUNDS TRANSFER, DEBIT CARD OR CREDIT CARD THAT IS MADE BY A TAXPAYER
DURING THE TAXABLE YEAR.
3. "EDUCATIONAL PROGRAM" MEANS AN ACADEMIC OR SIMILAR PROGRAM OF A
PUBLIC SCHOOL THAT ENHANCES THE CURRICULUM OR ACADEMIC PROGRAM OF THE
PUBLIC SCHOOL, OR PROVIDES A PRE-KINDERGARTEN PROGRAM TO A PUBLIC
SCHOOL. FOR PURPOSES OF THIS DEFINITION, THE INSTRUCTION, MATERIALS,
PROGRAMS AND OTHER ACTIVITIES OFFERED BY OR THROUGH AN EDUCATIONAL
PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING FEATURES: (A)
INSTRUCTION OR MATERIALS PROMOTING HEALTH, PHYSICAL EDUCATION, AND FAMI-
LY AND CONSUMER SCIENCES; LITERARY, PERFORMING AND VISUAL ARTS; MATH-
EMATICS, SOCIAL STUDIES, TECHNOLOGY AND SCIENTIFIC ACHIEVEMENT; (B)
INSTRUCTION OR PROGRAMMING TO MEET THE EDUCATION NEEDS OF AT-RISK
STUDENTS OR STUDENTS WITH DISABILITIES, INCLUDING TUTORING OR COUN-
SELING; OR (C) THE USE OF SPECIALIZED INSTRUCTIONAL MATERIALS, INSTRUC-
TORS OR INSTRUCTION NOT PROVIDED BY A PUBLIC SCHOOL.
4. "EDUCATIONAL SCHOLARSHIP ORGANIZATION" MEANS AN ENTITY THAT: (A) IS
EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES AT LEAST NINETY
PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR
AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH YEAR FOR
SCHOLARSHIPS; (C) PROVIDES MORE THAN FIFTY PERCENT OF ITS SCHOLARSHIPS
DURING A CALENDAR YEAR TO ELIGIBLE PUPILS WHO RESIDE IN A HOUSEHOLD THAT
HAS AN INCOME NOT TO EXCEED ONE HUNDRED FIFTY PERCENT OF THE INCOME
QUALIFICATION REQUIRED FOR THE REDUCED PRICE SCHOOL LUNCHES UNDER THE
NATIONAL SCHOOL LUNCH ACT, PROVIDED HOWEVER FOR THE PURPOSES OF AN
EDUCATIONAL SCHOLARSHIP ORGANIZATION FULFILLING SUCH REQUIREMENT, AN
EDUCATIONAL SCHOLARSHIP ORGANIZATION MAY ENTER INTO AN AGREEMENT WITH
ANOTHER EDUCATIONAL SCHOLARSHIP ORGANIZATION OR ORGANIZATIONS TO JOINTLY
REPORT THEIR SCHOLARSHIP INFORMATION TO MEET SUCH REQUIREMENT; (D)
DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM
QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE ORGAN-
IZATION'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR
INCOME ARE WITHDRAWN FOR USE; (E) PROVIDES SCHOLARSHIPS TO ELIGIBLE
PUPILS FOR USE AT NOT FEWER THAN THREE QUALIFIED SCHOOLS; AND (F) IS
APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
5. "ELIGIBLE PUPIL" MEANS A CHILD WHO IS: (A) A RESIDENT OF THIS
STATE; (B) OF SCHOOL AGE IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR WHO IS FOUR YEARS OF AGE ON OR
BEFORE DECEMBER FIRST OF THE YEAR IN WHICH SUCH CHILD IS ENROLLED IN A
PRE-KINDERGARTEN PROGRAM; (C) ATTENDS OR IS ABOUT TO ATTEND A QUALIFIED
SCHOOL; AND (D) RESIDES IN A HOUSEHOLD WHICH HAS A FEDERAL ADJUSTED
GROSS INCOME OF TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS, PROVIDED
HOWEVER, FOR HOUSEHOLDS WITH THREE OR MORE DEPENDENT CHILDREN, SUCH
INCOME LEVEL SHALL BE INCREASED BY TEN THOUSAND DOLLARS PER DEPENDENT
CHILD, NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS.
6. "LOCAL EDUCATION FUND" MEANS A NOT-FOR-PROFIT ENTITY WHICH: (A) IS
EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION (C) OF SECTION
FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) IS ESTABLISHED FOR
THE PURPOSE OF SUPPORTING AT LEAST ONE PUBLIC SCHOOL OR A PUBLIC SCHOOL
DISTRICT LOCATED IN THIS STATE; (C) USES AT LEAST NINETY PERCENT OF THE
QUALIFIED CONTRIBUTIONS RECEIVED DURING THE CALENDAR YEAR AND ANY INCOME
DERIVED FROM QUALIFIED CONTRIBUTIONS DURING SUCH MONTHS TO SUPPORT THE
PUBLIC SCHOOL OR SCHOOLS OR PUBLIC SCHOOL DISTRICT OR DISTRICTS THAT
SUCH FUND HAS BEEN ESTABLISHED TO SUPPORT; (D) DEPOSITS AND HOLDS QUALI-
FIED CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS
S. 2006--A 30 A. 3006--A
IN AN ACCOUNT THAT IS SEPARATE FROM THE FUND'S OPERATING OR OTHER FUNDS
UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; AND
(E) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTI-
CLE.
7. "NON-PUBLIC SCHOOL" MEANS ANY NOT-FOR-PROFIT PRE-KINDERGARTEN
PROGRAM OR ELEMENTARY OR SECONDARY SECTARIAN OR NONSECTARIAN SCHOOL
LOCATED IN THIS STATE, OTHER THAN A PUBLIC SCHOOL, THAT PROVIDES
INSTRUCTION AT ONE OR MORE LOCATIONS TO AN ELIGIBLE PUPIL IN ACCORDANCE
WITH SUBDIVISION TWO OF SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER.
8. "PUBLIC EDUCATION ENTITY" MEANS A PUBLIC SCHOOL DISTRICT OR A
PUBLIC SCHOOL IN THIS STATE, PROVIDED THAT SUCH PUBLIC SCHOOL DISTRICT
OR PUBLIC SCHOOL: (A) DEPOSITS AND HOLDS QUALIFIED CONTRIBUTIONS AND ANY
INCOME DERIVED FROM SUCH QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS
SEPARATE FROM THE PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT'S OPERATING OR
OTHER FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN
FOR USE; AND (B) IS APPROVED TO RECEIVE AUTHORIZED CONTRIBUTIONS AND
ISSUE CERTIFICATES OF RECEIPT PURSUANT TO THIS ARTICLE.
9. "PUBLIC SCHOOL" MEANS ANY FREE ELEMENTARY OR SECONDARY SCHOOL IN
THIS STATE PURSUANT TO ARTICLE ELEVEN OF THE CONSTITUTION, BUT SHALL NOT
INCLUDE A CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAP-
TER.
10. "QUALIFIED CONTRIBUTION" MEANS THE AUTHORIZED CONTRIBUTION MADE BY
A TAXPAYER TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZA-
TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION
LISTED IN THE CONTRIBUTION AUTHORIZATION CERTIFICATE ISSUED TO THE
TAXPAYER FOR WHICH THE TAXPAYER HAS RECEIVED A CERTIFICATE OF RECEIPT
FROM SUCH ENTITY, FUND OR ORGANIZATION. A CONTRIBUTION DOES NOT QUALIFY
IF THE TAXPAYER DESIGNATES THE TAXPAYER'S CONTRIBUTION TO AN ENTITY OR
ORGANIZATION FOR THE DIRECT BENEFIT OF ANY PARTICULAR OR SPECIFIED
STUDENT.
11. "QUALIFIED SCHOOL" MEANS A PUBLIC SCHOOL OR NON-PUBLIC SCHOOL
LOCATED IN THIS STATE.
12. "SCHOLARSHIP" MEANS AN EDUCATIONAL SCHOLARSHIP OR TUITION GRANT
AWARDED TO AN ELIGIBLE PUPIL TO ATTEND A QUALIFIED SCHOOL IN AN AMOUNT
NOT TO EXCEED THE TUITION CHARGED TO ATTEND SUCH SCHOOL LESS ANY OTHER
EDUCATIONAL SCHOLARSHIP OR TUITION GRANT RECEIVED BY SUCH ELIGIBLE PUPIL
OR HIS OR HER PARENT, PARENTS, LEGAL GUARDIAN, OR LEGAL GUARDIANS FOR
SUCH ELIGIBLE PUPIL'S TUITION; PROVIDED, HOWEVER, IN THE CASE OF AN
ELIGIBLE PUPIL ATTENDING A PUBLIC SCHOOL OF A DISTRICT OF WHICH SUCH
PUPIL IS NOT A RESIDENT, THE AMOUNT OF THE EDUCATIONAL SCHOLARSHIP OR
TUITION GRANT AWARDED MAY NOT EXCEED THE TUITION CHARGED BY THE PUBLIC
SCHOOL PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF SECTION THIRTY-TWO
HUNDRED TWO OF THIS CHAPTER, BUT ONLY IF THE SCHOOL DISTRICT OF WHICH
SUCH PUPIL IS A RESIDENT IS NOT REQUIRED TO PAY FOR SUCH TUITION.
13. "SCHOOL IMPROVEMENT ORGANIZATION" MEANS A NOT-FOR-PROFIT ENTITY
WHICH: (A) IS EXEMPT FROM TAXATION UNDER PARAGRAPH THREE OF SUBSECTION
(C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE; (B) USES
AT LEAST NINETY PERCENT OF THE QUALIFIED CONTRIBUTIONS RECEIVED DURING
THE CALENDAR YEAR AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS
DURING SUCH MONTHS TO ASSIST PUBLIC SCHOOLS OR PUBLIC SCHOOL DISTRICTS
LOCATED IN THIS STATE IN THEIR PROVISION OF EDUCATIONAL PROGRAMS, EITHER
BY MAKING CONTRIBUTIONS TO ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL
DISTRICTS LOCATED IN THIS STATE OR PROVIDING EDUCATIONAL PROGRAMS TO, OR
IN CONJUNCTION WITH, ONE OR MORE PUBLIC SCHOOLS OR PUBLIC SCHOOL
DISTRICTS LOCATED IN THIS STATE; (C) DEPOSITS AND HOLDS QUALIFIED
CONTRIBUTIONS AND ANY INCOME DERIVED FROM QUALIFIED CONTRIBUTIONS IN AN
S. 2006--A 31 A. 3006--A
ACCOUNT THAT IS SEPARATE FROM THE ORGANIZATION'S OPERATING OR OTHER
FUNDS UNTIL SUCH QUALIFIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR
USE; AND (D) IS APPROVED TO ISSUE CERTIFICATES OF RECEIPT PURSUANT TO
THIS ARTICLE. SUCH TERM INCLUDES A PRE-KINDERGARTEN PROGRAM OR NOT-FOR-
PROFIT ENTITY THAT ALLOWS THE TAXPAYER TO CHOOSE TO DONATE TO A PROGRAM,
PROJECT OR INITIATIVE FOR USE IN A PUBLIC SCHOOL.
S 1211. APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. 1. PUBLIC SCHOOLS
AND PUBLIC SCHOOL DISTRICTS. ALL PUBLIC SCHOOLS AND PUBLIC SCHOOL
DISTRICTS SHALL BE APPROVED TO ISSUE CERTIFICATES OF RECEIPT FOR QUALI-
FIED CONTRIBUTIONS IN ACCORDANCE WITH SECTION FORTY-TWO OF THE TAX LAW,
PROVIDED, THAT SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT SHALL NOT BE
APPROVED IF EITHER: (A) SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT
FAILS TO DEPOSIT AND HOLD QUALIFIED CONTRIBUTIONS AND ANY INCOME DERIVED
FROM QUALIFIED CONTRIBUTIONS IN AN ACCOUNT THAT IS SEPARATE FROM THE
SCHOOL OR SCHOOL DISTRICT'S OPERATING OR OTHER FUNDS UNTIL SUCH QUALI-
FIED CONTRIBUTIONS OR INCOME ARE WITHDRAWN FOR USE; OR (B) THE COMMIS-
SIONER HAS REVOKED SUCH APPROVAL FOR SUCH PUBLIC SCHOOL OR PUBLIC SCHOOL
DISTRICT PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS ARTICLE.
2. SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP ORGANIZA-
TIONS AND LOCAL EDUCATION FUNDS. NO SCHOOL IMPROVEMENT ORGANIZATION,
EDUCATIONAL SCHOLARSHIP ORGANIZATION OR LOCAL EDUCATION FUND SHALL ISSUE
ANY CERTIFICATES OF RECEIPT WITHOUT FILING AN APPLICATION PURSUANT TO
SECTION TWELVE HUNDRED TWELVE OF THIS ARTICLE AND RECEIVING APPROVAL
PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE.
S 1212. APPLICATIONS FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT.
EACH SCHOOL IMPROVEMENT ORGANIZATION, EDUCATIONAL SCHOLARSHIP ORGANIZA-
TION AND LOCAL EDUCATION FUND SHALL SUBMIT AN APPLICATION TO THE COMMIS-
SIONER FOR APPROVAL TO ISSUE CERTIFICATES OF RECEIPT IN THE FORM AND
MANNER PRESCRIBED BY THE COMMISSIONER, PROVIDED THAT SUCH APPLICATION
SHALL INCLUDE: (A) SUBMISSION OF DOCUMENTATION THAT SUCH SCHOOL IMPROVE-
MENT ORGANIZATION, LOCAL EDUCATION FUND OR EDUCATIONAL SCHOLARSHIP
ORGANIZATION HAS BEEN GRANTED EXEMPTION FROM TAXATION UNDER PARAGRAPH
THREE OF SUBSECTION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL
REVENUE CODE; (B) A LIST OF NAMES AND ADDRESSES OF ALL MEMBERS OF THE
GOVERNING BOARD OF THE SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION
FUND OR EDUCATIONAL SCHOLARSHIP ORGANIZATION; AND (C) AN EDUCATIONAL
SCHOLARSHIP ORGANIZATION SHALL PROVIDE CRITERIA FOR THE AWARDING OF
SCHOLARSHIPS TO ELIGIBLE STUDENTS.
S 1213. APPLICATION APPROVAL FOR CERTIFICATES OF RECEIPT. 1. IN GENER-
AL. THE COMMISSIONER SHALL REVIEW EACH APPLICATION TO ISSUE CERTIF-
ICATES OF RECEIPT PURSUANT TO THIS ARTICLE. THE COMMISSIONER SHALL
PUBLISH CRITERIA USED TO DETERMINE SELECTION AND ESTABLISH AN APPEALS
PROCESS FOR APPLICATIONS THAT ARE NOT APPROVED.
2. NOTIFICATION. APPLICANTS SHALL BE NOTIFIED OF THE COMMISSIONER'S
DETERMINATION WITHIN FIVE BUSINESS DAYS OF THE DETERMINATION.
S 1214. REVOCATION OF APPROVAL TO ISSUE CERTIFICATES OF RECEIPT. THE
COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND
FINANCE, MAY REVOKE THE APPROVAL OF A SCHOOL IMPROVEMENT ORGANIZATION,
EDUCATIONAL SCHOLARSHIP ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC
SCHOOL OR PUBLIC SCHOOL DISTRICT TO ISSUE CERTIFICATES OF RECEIPT UPON A
FINDING THAT SUCH ORGANIZATION, FUND, SCHOOL OR SCHOOL DISTRICT HAS
VIOLATED THIS ARTICLE OR SECTION FORTY-TWO OF THE TAX LAW. THESE
VIOLATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY OF THE FOLLOWING:
(A) FAILURE TO MEET THE REQUIREMENTS OF THIS ARTICLE OR SECTION
FORTY-TWO OF THE TAX LAW; (B) THE FAILURE TO MAINTAIN FULL AND ADEQUATE
RECORDS WITH RESPECT TO THE RECEIPT OF QUALIFIED CONTRIBUTIONS; (C) THE
S. 2006--A 32 A. 3006--A
FAILURE TO SUPPLY SUCH RECORDS TO THE COMMISSIONER, DEPARTMENT OF TAXA-
TION AND FINANCE, OR THE DEPARTMENT WHEN REQUESTED; OR (D) THE FAILURE
TO PROVIDE NOTICE TO THE DEPARTMENT OF TAXATION AND FINANCE OF THE ISSU-
ANCE OR NON-ISSUANCE OF CERTIFICATES OF RECEIPT PURSUANT TO SECTION
FORTY-TWO OF THE TAX LAW; PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL
NOT REVOKE APPROVAL PURSUANT TO THIS SECTION BASED UPON A VIOLATION OF
TAX LAW UNLESS THE COMMISSIONER OF TAXATION AND FINANCE AGREES THAT
REVOCATION IS WARRANTED; AND PROVIDED FURTHER THAT THE COMMISSIONER
SHALL NOT REVOKE APPROVAL PURSUANT TO THIS SECTION WHEN THE FAILURE TO
COMPLY IS DUE TO CLERICAL ERROR AND NOT NEGLIGENCE OR INTENTIONAL DISRE-
GARD FOR THE LAW. WITHIN FIVE DAYS OF THE DETERMINATION REVOKING
APPROVAL, THE COMMISSIONER SHALL PROVIDE NOTICE OF SUCH REVOCATION TO
THE EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZA-
TION, LOCAL EDUCATION FUND, PUBLIC SCHOOL, OR PUBLIC SCHOOL DISTRICT AND
TO THE DEPARTMENT OF TAXATION AND FINANCE. THE COMMISSIONER SHALL ESTAB-
LISH AN APPEALS PROCESS FOR DETERMINATIONS REVOKING APPROVALS.
S 1215. REPORTING AND RECORDKEEPING. 1. REPORTING. EACH EDUCATIONAL
SCHOLARSHIP ORGANIZATION, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA-
TION FUND, PUBLIC SCHOOL AND PUBLIC SCHOOL DISTRICT THAT RECEIVES QUALI-
FIED CONTRIBUTIONS SHALL REPORT TO THE COMMISSIONER AND THE DEPARTMENT
OF TAXATION AND FINANCE BY JANUARY THIRTY-FIRST OF EACH CALENDAR YEAR.
SUCH REPORT SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE COMMIS-
SIONER IN CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE.
2. RECORDKEEPING. EACH EDUCATIONAL SCHOLARSHIP ORGANIZATION, SCHOOL
IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, PUBLIC SCHOOL AND PUBLIC
SCHOOL DISTRICT THAT ISSUED AT LEAST ONE CERTIFICATE OF RECEIPT SHALL
MAINTAIN RECORDS INCLUDING: (A) NOTIFICATIONS RECEIVED FROM THE DEPART-
MENT OF TAXATION AND FINANCE; (B) NOTIFICATIONS MADE TO THE DEPARTMENT
OF TAXATION AND FINANCE; (C) COPIES OF QUALIFIED CONTRIBUTIONS RECEIVED;
(D) COPIES OF THE DEPOSIT OF SUCH QUALIFIED CONTRIBUTIONS; (E) COPIES OF
ISSUED CERTIFICATES OF RECEIPT; (F) ANNUAL FINANCIAL STATEMENTS; (G) IN
THE CASE OF SCHOOL IMPROVEMENT ORGANIZATIONS, EDUCATIONAL SCHOLARSHIP
ORGANIZATIONS AND LOCAL EDUCATION FUNDS, THE APPLICATION SUBMITTED
PURSUANT TO SECTION TWELVE HUNDRED TWELVE OF THIS ARTICLE AND THE
APPROVAL ISSUED BY THE COMMISSIONER; AND (H) ANY OTHER INFORMATION
PRESCRIBED BY THE COMMISSIONER. SUCH RECORDS SHALL BE MAINTAINED BY THE
ENTITY OR ORGANIZATION FOR FIVE YEARS.
S 1216. JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH
CALENDAR YEAR, THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMMIS-
SIONER, JOINTLY, SHALL SUBMIT A WRITTEN REPORT AS PROVIDED IN SUBDIVI-
SION (K) OF SECTION FORTY-TWO OF THE TAX LAW.
S 1217. COMMISSIONER; POWERS. THE COMMISSIONER SHALL PROMULGATE ON AN
EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS
SECTION. THE COMMISSIONER SHALL MAKE ANY APPLICATION REQUIRED TO BE
FILED PURSUANT TO THIS ARTICLE AVAILABLE TO APPLICANTS WITHIN SIXTY DAYS
OF THE EFFECTIVE DATE OF THIS ARTICLE.
S 3. The education law is amended by adding a new section 1503-a to
read as follows:
S 1503-A. POWER TO ACCEPT AND SOLICIT GIFTS AND DONATIONS. 1. THE
TRUSTEES OR BOARDS OF EDUCATION OF ALL SCHOOL DISTRICTS ORGANIZED BY
SPECIAL LAWS OR PURSUANT TO THE PROVISIONS OF A GENERAL LAW ARE HEREBY
AUTHORIZED AND EMPOWERED TO ACCEPT GIFTS, DONATIONS, AND CONTRIBUTIONS
TO THE DISTRICT AND TO SOLICIT THE SAME.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY OTHER
GENERAL OR SPECIAL LAW TO THE CONTRARY, THE RECEIPT OF SUCH GIFTS,
DONATIONS AND CONTRIBUTIONS MADE PURSUANT TO ARTICLE TWENTY-FIVE OF THIS
S. 2006--A 33 A. 3006--A
CHAPTER, AND ANY INCOME DERIVED THEREFROM, SHALL BE DISREGARDED FOR THE
PURPOSES OF ALL APPORTIONMENTS, COMPUTATIONS, AND DETERMINATIONS OF
STATE AID.
S 4. The tax law is amended by adding a new section 42 to read as
follows:
S 42. EDUCATION TAX CREDIT. (A) DEFINITIONS. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS HAVE THE SAME DEFINITION AS IN SECTION
TWELVE HUNDRED TEN OF THE EDUCATION LAW: "AUTHORIZED CONTRIBUTION",
"CONTRIBUTION", "EDUCATIONAL PROGRAM", "EDUCATIONAL SCHOLARSHIP ORGAN-
IZATION", "ELIGIBLE PUPIL", "LOCAL EDUCATION FUND", "NON-PUBLIC SCHOOL",
"PUBLIC EDUCATION ENTITY", "PUBLIC SCHOOL", "QUALIFIED CONTRIBUTION",
"QUALIFIED SCHOOL", "SCHOLARSHIP", AND "SCHOOL IMPROVEMENT ORGANIZA-
TION".
(B) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE
NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED AN EDUCATION TAX
CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDI-
VISION (1) OF THIS SECTION, WITH RESPECT TO QUALIFIED CONTRIBUTIONS MADE
DURING THE TAXABLE YEAR.
(C) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE THE LESSER OF
SEVENTY-FIVE PERCENT OF THE TAXPAYER'S TOTAL QUALIFIED CONTRIBUTIONS OR
ONE MILLION DOLLARS. IF THE TAXPAYER IS A PARTNER IN A PARTNERSHIP OR
SHAREHOLDER OF A NEW YORK S CORPORATION, THEN THE CAP IMPOSED BY THE
PRECEDING SENTENCE SHALL BE APPLIED AT THE ENTITY LEVEL, SO THAT THE
AGGREGATE CREDIT ALLOWED TO ALL THE PARTNERS OR SHAREHOLDERS OF EACH
SUCH ENTITY IN THE TAXABLE YEAR DOES NOT EXCEED ONE MILLION DOLLARS.
(D) INFORMATION TO BE POSTED ON THE DEPARTMENT'S WEBSITE. BEGINNING ON
THE SIXTEENTH DAY OF JANUARY OF EACH YEAR, THE COMMISSIONER SHALL MAIN-
TAIN ON THE DEPARTMENT'S WEBSITE A RUNNING TOTAL OF THE AMOUNT OF AVAIL-
ABLE CREDIT FOR WHICH TAXPAYERS MAY APPLY PURSUANT TO THIS SECTION.
ADDITIONALLY, THE COMMISSIONER SHALL MAINTAIN ON THE DEPARTMENT'S
WEBSITE A LIST OF THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION
FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS APPROVED TO ISSUE
CERTIFICATES OF RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION
LAW. THE COMMISSIONER SHALL ALSO MAINTAIN ON THE DEPARTMENT'S WEBSITE A
LIST OF PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS,
LOCAL EDUCATION FUNDS AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS WHOSE
APPROVAL TO ISSUE CERTIFICATES OF RECEIPT HAS BEEN REVOKED ALONG WITH
THE DATE OF SUCH REVOCATION.
(E) APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES. PRIOR TO
MAKING A CONTRIBUTION TO A PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT
ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZA-
TION, THE TAXPAYER SHALL APPLY TO THE DEPARTMENT FOR A CONTRIBUTION
AUTHORIZATION CERTIFICATE FOR SUCH CONTRIBUTION. SUCH APPLICATION SHALL
BE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT
MAY ALLOW TAXPAYERS TO MAKE MULTIPLE APPLICATIONS ON THE SAME FORM,
PROVIDED THAT EACH CONTRIBUTION LISTED ON SUCH APPLICATION SHALL BE
TREATED AS A SEPARATE APPLICATION AND THAT THE DEPARTMENT SHALL ISSUE
SEPARATE CONTRIBUTION AUTHORIZATION CERTIFICATES FOR EACH SUCH APPLICA-
TION.
(F) CONTRIBUTION AUTHORIZATION CERTIFICATES. 1. ISSUANCE OF CERTIF-
ICATES. THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION CERTIF-
ICATES IN TWO PHASES. IN PHASE ONE, WHICH BEGINS ON THE FIRST DAY OF
JANUARY AND ENDS ON THE FIFTEENTH DAY OF JANUARY, THE COMMISSIONER SHALL
ACCEPT APPLICATIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES BUT
SHALL NOT ISSUE ANY SUCH CERTIFICATES. COMMENCING AFTER THE SIXTEENTH
DAY OF JANUARY, THE COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION
S. 2006--A 34 A. 3006--A
CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE, PROVIDED THAT
IF THE AGGREGATE TOTAL OF THE CONTRIBUTIONS FOR WHICH APPLICATIONS HAVE
BEEN RECEIVED DURING PHASE ONE EXCEEDS THE AMOUNT OF THE CREDIT CAP IN
SUBDIVISION (H) OF THIS SECTION, THE AUTHORIZED CONTRIBUTION AMOUNT
LISTED ON EACH CONTRIBUTION AUTHORIZATION CERTIFICATE SHALL EQUAL THE
PRO-RATA SHARE OF THE CREDIT CAP. IF THE CREDIT CAP IS NOT EXCEEDED,
PHASE TWO COMMENCES ON JANUARY SIXTEENTH AND ENDS ON NOVEMBER FIRST. THE
COMMISSIONER SHALL ISSUE CONTRIBUTION AUTHORIZATION CERTIFICATES ON A
FIRST-COME FIRST SERVE BASIS BASED UPON THE DATE THE DEPARTMENT RECEIVED
THE TAXPAYER'S APPLICATION FOR SUCH CERTIFICATE; PROVIDED, HOWEVER, THAT
IF ON ANY DAY THE DEPARTMENT RECEIVES APPLICATIONS REQUESTING CONTRIB-
UTION AUTHORIZATION CERTIFICATES FOR CONTRIBUTIONS THAT IN THE AGGREGATE
EXCEED THE AMOUNT OF THE REMAINING AVAILABLE CREDIT ON SUCH DAY, THE
AUTHORIZED CONTRIBUTION AMOUNT LISTED IN EACH CONTRIBUTION AUTHORIZATION
CERTIFICATE SHALL BE THE TAXPAYER'S PRO-RATA SHARE OF THE REMAINING
AVAILABLE CREDIT. FOR PURPOSES OF DETERMINING A TAXPAYER'S PRO-RATA
SHARE OF REMAINING AVAILABLE CREDIT, THE COMMISSIONER SHALL MULTIPLY THE
AMOUNT OF REMAINING AVAILABLE CREDIT BY A FRACTION, THE NUMERATOR OF
WHICH EQUALS THE TOTAL CONTRIBUTION AMOUNT LISTED ON THE TAXPAYER'S
APPLICATION AND THE DENOMINATOR OF WHICH EQUALS THE AGGREGATE AMOUNT OF
CONTRIBUTIONS LISTED ON THE APPLICATIONS FOR CONTRIBUTION AUTHORIZATION
CERTIFICATES RECEIVED ON SUCH DAY. CONTRIBUTION AUTHORIZATION CERTIF-
ICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE SHALL BE MAILED NO
LATER THAN THE FIFTH DAY OF FEBRUARY. CONTRIBUTION AUTHORIZATION CERTIF-
ICATES FOR APPLICATIONS RECEIVED DURING PHASE TWO SHALL BE MAILED WITHIN
TWENTY DAYS OF RECEIPT OF SUCH APPLICATIONS. PROVIDED, HOWEVER, THAT NO
CONTRIBUTION AUTHORIZATION CERTIFICATES FOR APPLICATIONS RECEIVED DURING
PHASE TWO SHALL BE ISSUED UNTIL ALL OF THE CONTRIBUTION AUTHORIZATION
CERTIFICATES FOR APPLICATIONS RECEIVED DURING PHASE ONE HAVE BEEN
ISSUED.
2. CONTRIBUTION AUTHORIZATION CERTIFICATE CONTENTS. EACH CONTRIBUTION
AUTHORIZATION CERTIFICATE SHALL STATE: (I) THE DATE SUCH CERTIFICATE WAS
ISSUED; (II) THE DATE BY WHICH THE AUTHORIZED CONTRIBUTIONS LISTED IN
THE CERTIFICATE MUST BE MADE, WHICH SHALL BE NO LATER THAN NOVEMBER
THIRTIETH OF THE YEAR FOR WHICH THE CONTRIBUTION AUTHORIZATION CERTIF-
ICATE WAS ISSUED; (III) THE TAXPAYER'S NAME AND ADDRESS; (IV) THE AMOUNT
OF AUTHORIZED CONTRIBUTIONS; (V) THE CONTRIBUTION AUTHORIZATION CERTIF-
ICATE'S CERTIFICATE NUMBER; (VI) THE NAME AND ADDRESS OF THE PUBLIC
EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND
OR EDUCATIONAL SCHOLARSHIP ORGANIZATION FOR WHICH THE TAXPAYER MAY MAKE
THE AUTHORIZED CONTRIBUTION; AND (VII) ANY OTHER INFORMATION THAT THE
COMMISSIONER DEEMS NECESSARY.
3. NOTIFICATION OF THE ISSUANCE OF A CONTRIBUTION AUTHORIZATION
CERTIFICATE. UPON ISSUANCE OF A CONTRIBUTION AUTHORIZATION CERTIFICATE,
THE COMMISSIONER SHALL NOTIFY THE EDUCATIONAL SCHOLARSHIP ORGANIZATION,
PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION OR LOCAL EDUCA-
TION FUND OF THE ISSUANCE OF THE CONTRIBUTION AUTHORIZATION CERTIFICATE
TO A TAXPAYER. SUCH NOTIFICATION SHALL INCLUDE: (I) THE TAXPAYER'S NAME
AND ADDRESS; (II) THE DATE SUCH CERTIFICATE WAS ISSUED; (III) THE DATE
BY WHICH THE AUTHORIZED CONTRIBUTION LISTED IN THE NOTIFICATION MUST BE
MADE BY THE TAXPAYER; (IV) THE AMOUNT OF THE AUTHORIZED CONTRIBUTION;
(V) CONTRIBUTION AUTHORIZATION CERTIFICATE; AND (VI) ANY OTHER INFORMA-
TION THAT THE COMMISSIONER DEEMS NECESSARY.
(G) CERTIFICATE OF RECEIPT. 1. IN GENERAL. NO PUBLIC EDUCATION ENTITY,
SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL
SCHOLARSHIP ORGANIZATION SHALL ISSUE A CERTIFICATE OF RECEIPT FOR ANY
S. 2006--A 35 A. 3006--A
CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCATION ENTITY,
SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL
SCHOLARSHIP ORGANIZATION HAS BEEN APPROVED TO ISSUE CERTIFICATES OF
RECEIPT PURSUANT TO ARTICLE TWENTY-FIVE OF THE EDUCATION LAW. NO PUBLIC
EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND,
OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL ISSUE A CERTIFICATE OF
RECEIPT FOR A CONTRIBUTION MADE BY A TAXPAYER UNLESS SUCH PUBLIC EDUCA-
TION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR
EDUCATIONAL SCHOLARSHIP ORGANIZATION HAS RECEIVED NOTICE FROM THE
DEPARTMENT THAT THE DEPARTMENT ISSUED A CREDIT AUTHORIZATION CERTIFICATE
TO THE TAXPAYER FOR SUCH CONTRIBUTION.
2. TIMELY CONTRIBUTION. IF A TAXPAYER MAKES AN AUTHORIZED CONTRIBUTION
TO THE PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL
EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SET FORTH ON THE
AUTHORIZATION CERTIFICATE ISSUED TO THE TAXPAYER NO LATER THAN THE DATE
BY WHICH SUCH AUTHORIZED CONTRIBUTION IS REQUIRED TO BE MADE, SUCH
PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA-
TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY
DAYS OF RECEIPT OF THE AUTHORIZED CONTRIBUTION, ISSUE TO THE TAXPAYER A
WRITTEN CERTIFICATE OF RECEIPT; PROVIDED, HOWEVER, THAT IF THE TAXPAYER
CONTRIBUTES AN AMOUNT THAT IS LESS THAN THE AMOUNT LISTED ON THE TAXPAY-
ER'S CONTRIBUTION AUTHORIZATION CERTIFICATE, THE TAXPAYER SHALL NOT BE
ISSUED A CERTIFICATE OF RECEIPT FOR SUCH CONTRIBUTION.
3. CERTIFICATE OF RECEIPT CONTENTS. EACH CERTIFICATE OF RECEIPT SHALL
STATE: (I) THE NAME AND ADDRESS OF THE ISSUING PUBLIC EDUCATION ENTITY,
SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL
SCHOLARSHIP ORGANIZATION; (II) THE TAXPAYER'S NAME AND ADDRESS; (III)
THE DATE FOR EACH CONTRIBUTION; (IV) THE AMOUNT OF EACH CONTRIBUTION AND
THE CORRESPONDING CONTRIBUTION AUTHORIZATION CERTIFICATE NUMBER; (V) THE
TOTAL AMOUNT OF CONTRIBUTIONS; AND (VI) ANY OTHER INFORMATION THAT THE
COMMISSIONER DEEMS NECESSARY.
4. NOTIFICATION TO THE DEPARTMENT FOR THE ISSUANCE OF A CERTIFICATE OF
RECEIPT. UPON THE ISSUANCE OF A CERTIFICATE OF RECEIPT, THE ISSUING
PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION, LOCAL EDUCA-
TION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION SHALL, WITHIN THIRTY
DAYS OF ISSUING THE CERTIFICATE OF RECEIPT, PROVIDE THE DEPARTMENT WITH
NOTIFICATION OF THE ISSUANCE OF SUCH CERTIFICATE IN THE FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT.
5. NOTIFICATION TO THE DEPARTMENT OF THE NON-ISSUANCE OF A CERTIFICATE
OF RECEIPT. EACH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZA-
TION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION THAT
RECEIVED NOTIFICATION FROM THE DEPARTMENT PURSUANT TO SUBDIVISION (D) OF
THIS SECTION REGARDING THE ISSUANCE OF A CONTRIBUTION AUTHORIZATION
CERTIFICATE TO A TAXPAYER SHALL, WITHIN THIRTY DAYS OF THE EXPIRATION
DATE FOR SUCH AUTHORIZED CONTRIBUTION, PROVIDE NOTIFICATION TO THE
DEPARTMENT FOR EACH TAXPAYER THAT FAILED TO MAKE THE AUTHORIZED CONTRIB-
UTION TO SUCH PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGANIZATION,
LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION IN THE
FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
6. FAILURE TO NOTIFY THE DEPARTMENT. WITHIN THIRTY DAYS OF DISCOVERY
OF THE FAILURE OF ANY PUBLIC EDUCATION ENTITY, SCHOOL IMPROVEMENT ORGAN-
IZATION, LOCAL EDUCATION FUND, OR EDUCATIONAL SCHOLARSHIP ORGANIZATION
TO COMPLY WITH THE NOTIFICATION REQUIREMENTS PRESCRIBED BY PARAGRAPHS
FOUR AND FIVE OF THIS SUBDIVISION, THE COMMISSIONER SHALL ISSUE A NOTICE
OF COMPLIANCE FAILURE TO SUCH ENTITY, PROGRAM FUND OR ORGANIZATION. SUCH
ENTITY, PROGRAM FUND OR ORGANIZATION SHALL HAVE THIRTY DAYS FROM THE
S. 2006--A 36 A. 3006--A
DATE OF SUCH NOTICE TO MAKE THE NOTIFICATIONS PRESCRIBED BY PARAGRAPHS
FOUR AND FIVE OF THIS SUBDIVISION. SUCH PERIOD MAY BE EXTENDED FOR AN
ADDITIONAL THIRTY DAYS UPON THE REQUEST OF THE ENTITY, PROGRAM FUND OR
ORGANIZATION. UPON THE EXPIRATION OF THE PERIOD FOR COMPLIANCE SET FORTH
IN THE NOTICE PRESCRIBED BY THIS PARAGRAPH, THE COMMISSIONER SHALL NOTI-
FY THE COMMISSIONER OF EDUCATION THAT SUCH ENTITY, PROGRAM FUND OR
ORGANIZATION FAILED TO MAKE THE NOTIFICATIONS PRESCRIBED BY PARAGRAPHS
FOUR AND FIVE OF THIS SUBDIVISION.
(H) CREDIT CAP. THE MAXIMUM PERMITTED CREDITS UNDER THIS SECTION
AVAILABLE ANNUALLY TO ALL TAXPAYERS FOR QUALIFIED CONTRIBUTIONS FOR
CALENDAR YEAR TWO THOUSAND SIXTEEN AND ALL FOLLOWING YEARS SHALL BE ONE
HUNDRED MILLION DOLLARS. THE MAXIMUM PERMITTED CREDITS UNDER THIS
SECTION FOR QUALIFIED CONTRIBUTIONS SHALL BE ALLOCATED FIFTY PERCENT TO
PUBLIC EDUCATION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, AND LOCAL
EDUCATION FUNDS AND FIFTY PERCENT TO EDUCATIONAL SCHOLARSHIP ORGANIZA-
TIONS.
(I) ADDITIONS TO THE CREDIT CAP. UNISSUED CERTIFICATES OF RECEIPT. ANY
AMOUNTS FOR WHICH THE DEPARTMENT RECEIVES NOTIFICATION OF NON-ISSUANCE
OF A CERTIFICATE OF RECEIPT SHALL BE ADDED TO THE CAP PRESCRIBED IN
SUBDIVISION (H) OF THIS SECTION FOR THE IMMEDIATELY FOLLOWING YEAR.
(J) OTHER REQUIREMENTS; MISCELLANEOUS. 1. RECORD KEEPING. EACH TAXPAY-
ER SHALL, FOR EACH TAXABLE YEAR FOR WHICH THE EDUCATION TAX CREDIT
PROVIDED FOR UNDER THIS SECTION IS CLAIMED, MAINTAIN RECORDS OF THE
FOLLOWING INFORMATION: (I) CONTRIBUTION AUTHORIZATION CERTIFICATES
OBTAINED PURSUANT TO SUBDIVISION (F) OF THIS SECTION, AND (II) CERTIF-
ICATES OF RECEIPT OBTAINED PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
2. REGULATIONS. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE
AND ADOPT ON AN EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS SECTION.
(K) JOINT ANNUAL REPORT. ON OR BEFORE THE LAST DAY OF MAY FOR EACH
CALENDAR YEAR, FOR THE IMMEDIATELY PRECEDING YEAR, THE COMMISSIONER AND
THE COMMISSIONER OF EDUCATION SHALL JOINTLY SUBMIT A WRITTEN REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE REGARDING THE CREDIT. SUCH
REPORT SHALL CONTAIN INFORMATION FOR ARTICLES NINE-A AND TWENTY-TWO OF
THIS CHAPTER, RESPECTIVELY, REGARDING: (I) THE NUMBER OF APPLICATIONS
RECEIVED; (II) THE NUMBER OF AND AGGREGATE VALUE OF THE CONTRIBUTION
AUTHORIZATION CERTIFICATES ISSUED FOR CONTRIBUTIONS TO PUBLIC EDUCATION
ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND
EDUCATIONAL SCHOLARSHIP ORGANIZATIONS, RESPECTIVELY; (III) THE GEOGRAPH-
ICAL DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF (A) THE APPLICA-
TIONS FOR CONTRIBUTION AUTHORIZATION CERTIFICATES, DISTRIBUTION BY THE
COUNTY, TO THE EXTENT FEASIBLE, OF (B) THE PUBLIC EDUCATION ENTITIES,
SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS, AND EDUCATIONAL
SCHOLARSHIP ORGANIZATIONS LISTED ON THE ISSUED CONTRIBUTION AUTHORI-
ZATION CERTIFICATES; AND (IV) INFORMATION, INCLUDING GEOGRAPHICAL
DISTRIBUTION BY COUNTY, TO THE EXTENT FEASIBLE, OF THE NUMBER OF ELIGI-
BLE PUPILS THAT RECEIVED SCHOLARSHIPS, THE NUMBER OF QUALIFIED SCHOOLS
ATTENDED BY ELIGIBLE PUPILS THAT RECEIVED SUCH SCHOLARSHIPS, AND THE
AVERAGE VALUE OF SCHOLARSHIPS RECEIVED BY SUCH ELIGIBLE PUPILS. THE
COMMISSIONER AND DESIGNATED EMPLOYEES OF THE DEPARTMENT AND THE COMMIS-
SIONER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE DEPARTMENT OF EDUCA-
TION SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION
REGARDING THE SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS
AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS THAT APPLIED FOR APPROVAL TO
S. 2006--A 37 A. 3006--A
BE AUTHORIZED TO RECEIVE QUALIFIED CONTRIBUTIONS; AND THE PUBLIC EDUCA-
TION ENTITIES, SCHOOL IMPROVEMENT ORGANIZATIONS, LOCAL EDUCATION FUNDS,
AND EDUCATIONAL SCHOLARSHIP ORGANIZATIONS AUTHORIZED TO ISSUE CERTIF-
ICATES OF RECEIPT, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM
APPLICATION FORMS AND REPORTS SUBMITTED TO THE DEPARTMENT OF EDUCATION
OR THE COMMISSIONER OF EDUCATION.
(L) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210-B; SUBDIVISION 50;
(2) ARTICLE 22: SECTION 606, SUBSECTION (CCC);
S 5. Paragraph (b) of subdivision 9 of section 208 of the tax law is
amended by adding a new subparagraph 22 to read as follows:
(22) THE AMOUNT OF ANY FEDERAL DEDUCTION FOR CHARITABLE CONTRIBUTIONS
ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE
TO THE EXTENT SUCH CONTRIBUTIONS ARE USED AS THE BASIS OF THE CALCU-
LATION OF THE EDUCATION TAX CREDIT ALLOWED UNDER SUBDIVISION FIFTY OF
SECTION TWO HUNDRED TEN-B OF THIS ARTICLE.
S 6. Section 210-B of the tax law is amended by adding a new subdivi-
sion 50 to read as follows:
50. EDUCATION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE
ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF
THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS
THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. IF THE AMOUNT OF CREDIT ALLOW-
ABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH
AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX ON THE FIXED DOLLAR MINIMUM
THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOW-
ING YEAR OR YEARS FOR UP TO FIVE YEARS AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 7. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xli) to read as
follows:
(XLI) EDUCATION TAX CREDIT AMOUNT OF CREDIT UNDER
UNDER SUBSECTION (CCC) SUBDIVISION FIFTY OF SECTION
TWO HUNDRED TEN-B
S 8. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) EDUCATION TAX CREDIT. ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE
ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO OF THIS
CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. IF THE AMOUNT OF CRED-
IT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE
TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS ALLOWED FOR A TAXABLE YEAR MAY
BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS FOR UP TO FIVE YEARS AND
MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 9. Subsection (g) of section 615 of the tax law is amended by adding
a new paragraph 3 to read as follows:
(3) WITH RESPECT TO AN INDIVIDUAL WHO HAS CLAIMED THE EDUCATION TAX
CREDIT FOR QUALIFIED CONTRIBUTIONS PURSUANT TO SUBDIVISION (CCC) OF
SECTION SIX HUNDRED SIX OF THIS ARTICLE, THE TAXPAYER'S NEW YORK ITEM-
IZED DEDUCTION SHALL BE REDUCED BY ANY CHARITABLE CONTRIBUTION DEDUCTION
ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE
WITH RESPECT TO SUCH QUALIFIED CONTRIBUTIONS.
S. 2006--A 38 A. 3006--A
S 10. Severability. If any provision of this section or the applica-
tion thereof to any person or circumstances is held invalid, such inva-
lidity shall not affect other provisions or applications of the section
which can be given effect without the invalid provision or application,
and to this end the provisions of this section are declared to be sever-
able.
S 11. This act shall take effect immediately and shall apply to taxa-
ble years beginning on or after January 1, 2016; provided however,
notwithstanding the foregoing, this act shall not take effect unless the
legislature enacts, by no later than March 31, 2015, a chapter of law
identical to legislation submitted by the Governor pursuant to Article
VII of the New York Constitution as Part D of legislative bill numbers
S.2006 and A.3006 relating to the establishment by the president of the
higher education services corporation of an application form and proce-
dures that shall allow a student applicant that meets the requirements
set forth in subparagraph (ii) of paragraph (a) or subparagraph (ii) of
paragraph b of subdivision 5 of section 661 of the education law to
apply directly to the higher education services corporation for applica-
ble awards without having to submit information to any other state or
federal agency.
PART F
Section 1. The banking law is amended by adding a new section 9-w to
read as follows:
S 9-W. STANDARD FINANCIAL AID AWARD LETTER. THE SUPERINTENDENT OF
FINANCIAL SERVICES IN CONSULTATION WITH THE PRESIDENT OF THE HIGHER
EDUCATION SERVICES CORPORATION SHALL DEVELOP A STANDARD FINANCIAL AID
AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A) THE ESTIMATED COST OF
ATTENDANCE, (B) ALL FINANCIAL AID OFFERED, WITH AN EXPLANATION AS TO
WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED STUDENT AND/OR
FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADUATION, MEDIAN BORROWING,
AND LOAN DEFAULT RATES, AND (E) ANY OTHER INFORMATION AS DETERMINED BY
THE SUPERINTENDENT IN CONSULTATION WITH THE PRESIDENT. THE SUPERINTEN-
DENT SHALL PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER BY DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN AND THEREAFTER. EACH COLLEGE, VOCA-
TIONAL INSTITUTION, AND ANY OTHER INSTITUTION THAT OFFERS AN APPROVED
PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL
UTILIZE THE STANDARD LETTER ISSUED BY THE DEPARTMENT OF FINANCIAL
SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND THEREAFTER. THE
SUPERINTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART G
Section 1. Section 7408 of the education law is amended by adding a
new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI-
CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO
THIS SECTION.
S. 2006--A 39 A. 3006--A
S 2. Section 1503 of the business corporation law is amended by adding
a new paragraph (h) to read as follows:
(H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE
OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC
ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A
FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF
THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR
"CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS".
EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS
SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY,
INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO-
RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH
ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS
SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR
MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIF-
ICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE
FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR
CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS
SECTION.
S 3. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH
SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A
PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE
ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS.
NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
S. 2006--A 40 A. 3006--A
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A
VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION,
THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER
SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN
VIOLATION OF THIS SECTION SHALL BE VOID.
S 4. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A
PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
THEIR PROFESSIONS IN SUCH CORPORATION.
S 5. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
S 1509. Disqualification of shareholders, directors, officers and
employees.
If any shareholder, director, officer or employee of a professional
service corporation, including a design professional service corpo-
ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT-
ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering
professional service to the public becomes legally disqualified to prac-
tice his profession within this state, he shall sever all employment
with, and financial interests (other than interests as a creditor) in,
such corporation forthwith or as otherwise provided in section 1510 of
this article. All provisions of law regulating the rendering of profes-
sional services by a person elected or appointed to a public office
shall be applicable to a shareholder, director, officer and employee of
such corporation in the same manner and to the same extent as if fully
set forth herein. Such legal disqualification to practice his profession
within this state shall be deemed to constitute an irrevocable offer by
the disqualified shareholder to sell his shares to the corporation,
pursuant to the provisions of section 1510 of this article or of the
certificate of incorporation, by-laws or agreement among the corporation
and all shareholders, whichever is applicable. Compliance with the terms
of such offer shall be specifically enforceable in the courts of this
state. A professional service corporation's failure to enforce compli-
ance with this provision shall constitute a ground for forfeiture of its
certificate of incorporation and its dissolution.
S 6. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and new paragraph
(c) is added to read as follows:
(a) No shareholder of a professional service corporation [or], INCLUD-
ING a design professional service corporation, OR ANY FIRM ESTABLISHED
FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE
CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE
OF THIS ARTICLE, may sell or transfer his shares in such corporation
except to another individual who is eligible to have shares issued to
S. 2006--A 41 A. 3006--A
him by such corporation or except in trust to another individual who
would be eligible to receive shares if he were employed by the corpo-
ration. Nothing herein contained shall be construed to prohibit the
transfer of shares by operation of law or by court decree. No transfer-
ee of shares by operation of law or court decree may vote the shares for
any purpose whatsoever except with respect to corporate action under
sections 909 and 1001 of this chapter. The restriction in the preceding
sentence shall not apply, however, where such transferee would be eligi-
ble to have shares issued to him if he were an employee of the corpo-
ration and, if there are other shareholders, a majority of such other
shareholders shall fail to redeem the shares so transferred, pursuant to
section 1510 of this article, within sixty days of receiving written
notice of such transfer. Any sale or transfer, except by operation of
law or court decree or except for a corporation having only one share-
holder, may be made only after the same shall have been approved by the
board of directors, or at a shareholders' meeting specially called for
such purpose by such proportion, not less than a majority, of the
outstanding shares as may be provided in the certificate of incorpo-
ration or in the by-laws of such professional service corporation. At
such shareholders' meeting the shares held by the shareholder proposing
to sell or transfer his shares may not be voted or counted for any
purpose, unless all shareholders consent that such shares be voted or
counted. The certificate of incorporation or the by-laws of the profes-
sional service corporation, or the professional service corporation and
the shareholders by private agreement, may provide, in lieu of or in
addition to the foregoing provisions, for the alienation of shares and
may require the redemption or purchase of such shares by such corpo-
ration at prices and in a manner specifically set forth therein. The
existence of the restrictions on the sale or transfer of shares, as
contained in this article and, if applicable, in the certificate of
incorporation, by-laws, stock purchase or stock redemption agreement,
shall be noted conspicuously on the face or back of every certificate
for shares issued by a professional service corporation. Any sale or
transfer in violation of such restrictions shall be void.
(C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
S 7. Paragraph (a) of section 1512 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended to read as
follows:
(a) Notwithstanding any other provision of law, the name of a profes-
sional service corporation, including a design professional service
corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word
which, at the time of incorporation, could be used in the name of a
partnership practicing a profession which the corporation is authorized
S. 2006--A 42 A. 3006--A
to practice, and may not contain any word which could not be used by
such a partnership. Provided, however, the name of a professional
service corporation may not contain the name of a deceased person unless
(1) such person's name was part of the corporate name at the time of
such person's death; or
(2) such person's name was part of the name of an existing partnership
and at least two-thirds of such partnership's partners become sharehold-
ers of the corporation.
S 8. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
S 9. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
(d) "Foreign professional service corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the sharehold-
ers, directors and officers of which are authorized and licensed to
practice the profession for which such corporation is licensed to do
business; except that all shareholders, directors and officers of a
foreign professional service corporation which provides health services
in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING
OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S
OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY
IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL
SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION
SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY
INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH
RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITH-
STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT
S. 2006--A 43 A. 3006--A
HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI-
FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 10. The fourteenth undesignated paragraph of section 2 of the part-
nership law, as added by chapter 576 of the laws of 1994, is amended to
read as follows:
"Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional partnership that
provides dental services in this state must be licensed pursuant to
article 133 of the education law to practice dentistry in this state;
[and further] except that all partners of a professional partnership
that provides professional engineering, land surveying, architectural
and/or landscape architectural services in this state must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such professions in this state; AND
FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT
PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW
A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A
SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS
HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A
PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION
LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
S. 2006--A 44 A. 3006--A
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 10-a. The fourteenth undesignated paragraph of section 2 of the
partnership law, as amended by chapter 475 of the laws of 2014, is
amended to read as follows:
"Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional partnership that
provides dental services in this state must be licensed pursuant to
article 133 of the education law to practice dentistry in this state;
[and further] except that all partners of a professional partnership
that provides professional engineering, land surveying, geologic, archi-
tectural and/or landscape architectural services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state;
AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT
PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW
A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A
SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS
HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A
PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION
LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
S. 2006--A 45 A. 3006--A
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 11. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 554 of the laws of 2013, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, architectural and/or landscape architectural services in this state
must be licensed pursuant to article 145, article 147 and/or article 148
of the education law to practice one or more of such professions in this
state. Each partner of a registered limited liability partnership formed
to provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice clin-
ical social work in this state. Each partner of a registered limited
liability partnership formed to provide creative arts therapy services
in this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner of a
registered limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy in
this state. Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this state must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. Each partner of a registered
limited liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the education
law to practice psychoanalysis in this state. Each partner of a regis-
tered limited liability partnership formed to provide applied behavior
analysis service in this state must be licensed or certified pursuant to
article 167 of the education law to practice applied behavior analysis
in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED
LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A
SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS
HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED
LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
S. 2006--A 46 A. 3006--A
STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION
LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA-
TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions in this state. Each partner of a registered limited
liability partnership formed to provide licensed clinical social work
services in this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner of a registered limited liability partnership formed to provide
creative arts therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited liability partnership
formed to provide marriage and family therapy services in this state
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to practice psychoanalysis in
S. 2006--A 47 A. 3006--A
this state. Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LI-
CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT-
ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FORE-
GOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE
OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT-
ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR
"CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER
THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY,
INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO-
RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH
ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS
SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR
MANAGEMENT OF THE FIRM.
S 12. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 554 of the laws of 2013, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY
PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI-
PAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN-
TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCA-
TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a
foreign limited liability partnership which provides licensed clinical
social work services in this state must be licensed pursuant to article
154 of the education law to practice licensed clinical social work in
this state. Each partner of a foreign limited liability partnership
S. 2006--A 48 A. 3006--A
which provides creative arts therapy services in this state must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. Each partner of a foreign limited
liability partnership which provides marriage and family therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice marriage and family therapy in this state.
Each partner of a foreign limited liability partnership which provides
mental health counseling services in this state must be licensed pursu-
ant to article 163 of the education law to practice mental health coun-
seling in this state. Each partner of a foreign limited liability part-
nership which provides psychoanalysis services in this state must be
licensed pursuant to article 163 of the education law to practice
psychoanalysis in this state. Each partner of a foreign limited liabil-
ity partnership which provides applied behavior analysis services in
this state must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state.
NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY
PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN-
TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING
OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S
OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY
IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY
PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO
ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A
VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE
PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM
THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON
WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of
a foreign limited liability partnership which provides veterinary
service in the state shall be licensed pursuant to article 135 of the
education law to practice veterinary medicine in this state. Each part-
ner of a foreign limited liability partnership which provides profes-
S. 2006--A 49 A. 3006--A
sional engineering, land surveying, geological services, architectural
and/or landscape architectural services in this state must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such professions. EACH PARTNER OF A
FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE
PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability
partnership which provides licensed clinical social work services in
this state must be licensed pursuant to article 154 of the education law
to practice licensed clinical social work in this state. Each partner of
a foreign limited liability partnership which provides creative arts
therapy services in this state must be licensed pursuant to article 163
of the education law to practice creative arts therapy in this state.
Each partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior analy-
sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN
LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE
OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER
ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A
SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL
INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS
HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE
PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN
LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA-
TION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR
PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S. 2006--A 50 A. 3006--A
S 13. Subdivision (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(h) "Limited partnership" and "domestic limited partnership" mean,
unless the context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 14. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
S. 2006--A 51 A. 3006--A
education law to practice one or more of such professions in this state.
WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED
TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN
ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY
COMPANY WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO
PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI-
CLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS
STATE. With respect to a professional service limited liability company
formed to provide licensed clinical social work services as such
services are defined in article 154 of the education law, each member of
such limited liability company shall be licensed pursuant to article 154
of the education law to practice licensed clinical social work in this
state. With respect to a professional service limited liability company
formed to provide creative arts therapy services as such services are
defined in article 163 of the education law, each member of such limited
liability company must be licensed pursuant to article 163 of the educa-
tion law to practice creative arts therapy in this state. With respect
to a professional service limited liability company formed to provide
marriage and family therapy services as such services are defined in
article 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With respect to a
professional service limited liability company formed to provide mental
health counseling services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. With respect to a professional
service limited liability company formed to provide psychoanalysis
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice psychoanalysis
in this state. With respect to a professional service limited liability
company formed to provide applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied behavior analysis
in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN
THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY
DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
(1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A
LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE
OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT-
ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
S. 2006--A 52 A. 3006--A
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 14-a. Subdivision (b) of section 1207 of the limited liability
company law, as amended by chapter 475 of the laws of 2014, is amended
to read as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
S. 2006--A 53 A. 3006--A
pursuant to article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state.
NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS
LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 15. Subdivisions (a) and (f) of section 1301 of the limited liabil-
ity company law, subdivision (a) as amended by chapter 554 of the laws
of 2013 and subdivision (f) as amended by chapter 170 of the laws of
1996, are amended to read as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
S. 2006--A 54 A. 3006--A
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, architectural and/or landscape
architectural services as such services are defined in article 145,
article 147 and article 148 of the education law, each member of such
foreign professional service limited liability company must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such professions in this state. WITH
RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
S. 2006--A 55 A. 3006--A
cle 163 of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
(f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional partnership that
provides dental services in this state must be licensed pursuant to
article 133 of the education law to practice dentistry in this state;
except that all partners of a professional partnership that provides
S. 2006--A 56 A. 3006--A
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state;
and further except that all partners of a professional partnership that
provides professional engineering, land surveying, architectural, and/or
landscape architectural services in this state must be licensed pursuant
to article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL
PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES
ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH
PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED
PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL PARTNERSHIP,
WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED
IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID
LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC
ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH
FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST
COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY.
NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT
IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 15-a. Subdivisions (a) and (f) of section 1301 of the limited
liability company law, as amended by chapter 475 of the laws of 2014,
are amended to read as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
S. 2006--A 57 A. 3006--A
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
S. 2006--A 58 A. 3006--A
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
(f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional partnership that
provides dental services in this state must be licensed pursuant to
article 133 of the education law to practice dentistry in this state;
except that all partners of a professional partnership that provides
veterinary services in this state must be licensed pursuant to article
S. 2006--A 59 A. 3006--A
135 of the education law to practice veterinary medicine in this state;
and further except that all partners of a professional partnership that
provides professional engineering, land surveying, geologic, architec-
tural, and/or landscape architectural services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions. WITH RESPECT
TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH
MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A
PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN-
TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS
SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM
THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED
ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR
PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE
SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE
DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
S 16. This act shall take effect immediately; provided, however, that
sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act
shall take effect on the same date as sections 25, 26, 27, 22, and 23,
respectively, of chapter 475 of the laws of 2014 take effect.
PART H
Section 1. The education law is amended by adding a new article 129-B
to read as follows:
ARTICLE 129-B
IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL
ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING
PREVENTION AND RESPONSE POLICIES AND PROCEDURES
SECTION 6439. GENERAL PROVISIONS.
6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY.
6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE
CASES.
S. 2006--A 60 A. 3006--A
6442. VICTIM AND SURVIVOR BILL OF RIGHTS.
6443 RESPONSE TO REPORTS.
6444. CAMPUS CLIMATE ASSESSMENTS.
6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE.
6446. STUDENT ONBOARDING AND ONGOING EDUCATION.
6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS.
S 6439. GENERAL PROVISIONS. 1. THE TRUSTEES OR OTHER GOVERNING BOARD
OF EACH COLLEGE AND UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED
BY SPECIAL ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, UNLESS
OTHERWISE PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING ALL POLI-
CIES REQUIRED PURSUANT TO THIS ARTICLE AND FOR THE MAINTENANCE OF PUBLIC
ORDER ON COLLEGE CAMPUSES AND OTHER COLLEGE PROPERTY USED FOR EDUCA-
TIONAL PURPOSES AND PROVIDE A PROGRAM FOR THE ENFORCEMENT THEREOF. SUCH
POLICIES SHALL ALSO APPLY TO CONDUCT THAT HAS A NEXUS TO A COLLEGE OR
UNIVERSITY PROGRAM AND/OR TAKES PLACE OUTSIDE OF A COLLEGE OR UNIVERSITY
PROPERTY BUT IS IN VIOLATION OF FEDERAL, STATE OR LOCAL LAW.
2. SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING
AFFECT THOUSANDS OF COLLEGE AND UNIVERSITY STUDENTS IN NEW YORK STATE
AND ACROSS THE NATION. IN ADDITION TO THE TRAUMA CAUSED BY SUCH
VIOLENCE, MANY VICTIMS AND SURVIVORS DROP OUT OF SCHOOL, EXPERIENCE
DIFFICULTY WORKING, AND SEE PROMISING OPPORTUNITIES CUT SHORT. WHILE IT
IS NOT JUST COLLEGE OR UNIVERSITY STUDENTS THAT EXPERIENCE THESE CRIMES,
THESE INSTITUTIONS HAVE UNIQUE OPPORTUNITIES TO EDUCATE MEMBERS OF THE
COLLEGE COMMUNITY ABOUT THESE CRIMES AND INCIDENTS SO THAT WE CAN BETTER
SAFEGUARD STUDENTS. THEREFORE, EACH COLLEGE AND UNIVERSITY MUST DEVELOP
AND IMPLEMENT THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE.
3. EACH COLLEGE AND UNIVERSITY SHALL ANNUALLY FILE WITH THE DEPARTMENT
ON OR BEFORE THE FIRST DAY OF JULY A CERTIFICATE OF COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE.
4. IF A COLLEGE OR UNIVERSITY FAILS TO FILE A CERTIFICATE OF COMPLI-
ANCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION WITHIN SIXTY DAYS OF
THE TIME REQUIRED, SUCH COLLEGE OR UNIVERSITY SHALL NOT BE ELIGIBLE TO
RECEIVE ANY STATE AID OR ASSISTANCE UNTIL SUCH CERTIFICATE OF COMPLIANCE
IS DULY FILED.
5. EACH COLLEGE AND UNIVERSITY SHALL FILE A COPY OF ALL WRITTEN RULES
AND POLICIES ADOPTED AS REQUIRED IN THIS ARTICLE WITH THE DEPARTMENT ON
OR BEFORE THE FIRST DAY OF JULY, TWO THOUSAND SIXTEEN, AND ONCE EVERY
TEN YEARS THEREAFTER, EXCEPT THAT THE SECOND FILING SHALL COINCIDE WITH
THE REQUIRED FILING UNDER ARTICLE ONE HUNDRED TWENTY-NINE-A OF THIS
CHAPTER, AND CONTINUE ON THE SAME CYCLE THEREAFTER.
6. A COPY OF SUCH RULES AND POLICIES SHALL BE GIVEN BY EACH COLLEGE
AND UNIVERSITY TO ALL STUDENTS ENROLLED IN SAID COLLEGE OR UNIVERSITY.
EACH COLLEGE AND UNIVERSITY SHALL ALSO POST SUCH RULES AND POLICIES ON
ITS WEBSITE IN AN EASILY ACCESSIBLE MANNER TO THE PUBLIC.
7. COLLEGES AND UNIVERSITIES SHALL REFER TO APPLICABLE STATE AND
FEDERAL LAW, REGULATIONS AND POLICY GUIDANCE IN DEVELOPING AND IMPLE-
MENTING THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE, INCLUDING REFER-
ENCE TO STATE AND FEDERAL DEFINITIONS OF TERMS NOT SPECIFICALLY DEFINED
HEREIN.
S 6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY. EACH
COLLEGE AND UNIVERSITY SHALL ADOPT A UNIFORM DEFINITION OF AFFIRMATIVE
CONSENT IN THEIR CODE OF STUDENT CONDUCT OR SIMILAR DOCUMENT GOVERNING
STUDENT BEHAVIOR. THIS DEFINITION SHALL STATE THAT "AFFIRMATIVE CONSENT
IS A CLEAR, UNAMBIGUOUS, KNOWING, INFORMED, AND VOLUNTARY AGREEMENT
BETWEEN ALL PARTICIPANTS TO ENGAGE IN SEXUAL ACTIVITY. CONSENT IS
ACTIVE, NOT PASSIVE. SILENCE OR LACK OF RESISTANCE CANNOT BE INTERPRETED
S. 2006--A 61 A. 3006--A
AS CONSENT. SEEKING AND HAVING CONSENT ACCEPTED IS THE RESPONSIBILITY OF
THE PERSON(S) INITIATING EACH SPECIFIC SEXUAL ACT REGARDLESS OF WHETHER
THE PERSON INITIATING THE ACT IS UNDER THE INFLUENCE OF DRUGS AND/OR
ALCOHOL. CONSENT TO ANY SEXUAL ACT OR PRIOR CONSENSUAL SEXUAL ACTIVITY
BETWEEN OR WITH ANY PARTY DOES NOT CONSTITUTE CONSENT TO ANY OTHER SEXU-
AL ACT. THE DEFINITION OF CONSENT DOES NOT VARY BASED UPON A PARTIC-
IPANT'S SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION.
CONSENT MAY BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME. WHEN CONSENT
IS WITHDRAWN OR CANNOT BE GIVEN, SEXUAL ACTIVITY MUST STOP. CONSENT
CANNOT BE GIVEN WHEN A PERSON IS INCAPACITATED. INCAPACITATION OCCURS
WHEN AN INDIVIDUAL LACKS THE ABILITY TO FULLY AND KNOWINGLY CHOOSE TO
PARTICIPATE IN SEXUAL ACTIVITY. INCAPACITATION INCLUDES IMPAIRMENT DUE
TO DRUGS OR ALCOHOL (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY), THE
LACK OF CONSCIOUSNESS OR BEING ASLEEP, BEING INVOLUNTARILY RESTRAINED,
IF ANY OF THE PARTIES ARE UNDER THE AGE OF 17, OR IF AN INDIVIDUAL
OTHERWISE CANNOT CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT
OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM."
S 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLENCE
CASES. 1. A BYSTANDER WHO REPORTS IN GOOD FAITH OR A VICTIM REPORTING
SEXUAL VIOLENCE TO COLLEGE OR UNIVERSITY OFFICIALS OR LAW ENFORCEMENT
SHALL NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL
AND DRUG USE POLICIES OCCURRING AT OR NEAR THE TIME OF THE INCIDENT.
EACH COLLEGE AND UNIVERSITY SHALL ADOPT AND IMPLEMENT THE FOLLOWING
POLICY: "THE HEALTH AND SAFETY OF EVERY STUDENT AT THE
(COLLEGE/UNIVERSITY) IS OF UTMOST IMPORTANCE. (COLLEGE/UNIVERSITY)
RECOGNIZES THAT STUDENTS WHO HAVE BEEN DRINKING AND/OR USING DRUGS
(WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY) AT THE TIME A SEXUAL
VIOLENCE INCIDENT OCCURS MAY BE HESITANT TO REPORT SUCH INCIDENTS DUE TO
FEAR OF POTENTIAL CONSEQUENCES FOR THEIR OWN CONDUCT.
(COLLEGE/UNIVERSITY) STRONGLY ENCOURAGES STUDENTS TO REPORT INCIDENTS OF
SEXUAL VIOLENCE TO CAMPUS OFFICIALS. A BYSTANDER REPORTING IN GOOD FAITH
OR A VICTIM/SURVIVOR REPORTING A SEXUAL VIOLENCE INCIDENT TO
(COLLEGE/UNIVERSITY) OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO
CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND/OR DRUG USE POLICIES
OCCURRING AT OR NEAR THE TIME OF THE SEXUAL VIOLENCE INCIDENT."
2. FOR PURPOSES OF THIS ARTICLE, THE TERM "SEXUAL VIOLENCE" SHALL MEAN
PHYSICAL SEXUAL ACTS PERPETRATED AGAINST A PERSON'S WILL OR PERPETRATED
WHERE A PERSON IS INCAPABLE OF GIVING CONSENT INCLUDING, BUT NOT LIMITED
TO, RAPE, SEXUAL ASSAULT, SEXUAL BATTERY, SEXUAL ABUSE, AND SEXUAL COER-
CION. THE TERM "BYSTANDER" SHALL MEAN A PERSON WHO OBSERVES A CRIME,
IMPENDING CRIME, CONFLICT, UNACCEPTABLE BEHAVIOR, OR CONDUCT THAT IS IN
VIOLATION OF RULES OR POLICIES OF A COLLEGE OR UNIVERSITY.
S 6442. VICTIM AND SURVIVOR BILL OF RIGHTS. 1. EACH COLLEGE AND
UNIVERSITY SHALL ADOPT A VICTIM AND SURVIVOR BILL OF RIGHTS. THIS BILL
OF RIGHTS SHALL STATE THE FOLLOWING: "ALL VICTIMS AND SURVIVORS HAVE THE
RIGHT TO: (A) MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE
POLICE; (B) HAVE DISCLOSURES OF SEXUAL VIOLENCE TREATED SERIOUSLY; (C)
MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR INCIDENT AND
PARTICIPATE IN THE CONDUCT OR CRIMINAL JUSTICE PROCESS FREE FROM OUTSIDE
PRESSURES FROM COLLEGE/UNIVERSITY OFFICIALS; (D) BE TREATED WITH DIGNITY
AND TO RECEIVE FROM COLLEGE/UNIVERSITY OFFICIALS COURTEOUS, FAIR, AND
RESPECTFUL HEALTH CARE AND COUNSELING SERVICES; (E) BE FREE FROM ANY
SUGGESTION THAT THE VICTIM/SURVIVOR IS AT FAULT WHEN THESE CRIMES AND
VIOLATIONS ARE COMMITTED, OR SHOULD HAVE ACTED IN A DIFFERENT MANNER TO
AVOID SUCH A CRIME; (F) DESCRIBE THE INCIDENT TO AS FEW INDIVIDUALS AS
PRACTICABLE AND NOT TO BE REQUIRED TO UNNECESSARILY REPEAT A DESCRIPTION
S. 2006--A 62 A. 3006--A
OF THE INCIDENT; (G) BE FREE FROM RETALIATION BY THE COLLEGE/UNIVERSITY,
THE ACCUSED, AND/OR THEIR FRIENDS, FAMILY AND ACQUAINTANCES; AND (H)
EXERCISE CIVIL RIGHTS AND PRACTICE OF RELIGION WITHOUT INTERFERENCE BY
THE INVESTIGATIVE, CRIMINAL JUSTICE, OR CONDUCT PROCESS OF THE
COLLEGE/UNIVERSITY."
2. IN ACCORDANCE WITH PROVISIONS OF THIS SECTION, EACH COLLEGE AND
UNIVERSITY SHALL LIST THE FOLLOWING OPTIONS IN BRIEF: VICTIMS AND SURVI-
VORS HAVE MANY OPTIONS THAT CAN BE PURSUED SIMULTANEOUSLY, INCLUDING ONE
OR MORE OF THE FOLLOWING: (A) RECEIVE RESOURCES, SUCH AS COUNSELING AND
MEDICAL ATTENTION; (B) CONFIDENTIALLY OR ANONYMOUSLY DISCLOSE A CRIME OR
VIOLATION; (C) MAKE A REPORT TO AN EMPLOYEE WITH THE AUTHORITY TO
ADDRESS COMPLAINTS, INCLUDING THE TITLE IX COORDINATOR, A STUDENT
CONDUCT EMPLOYEE, A HUMAN RESOURCES EMPLOYEE, UNIVERSITY POLICE OR
CAMPUS SECURITY, OR FAMILY COURT OR CIVIL COURT; AND (D) MAKE A REPORT
TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE.
3. THIS BILL OF RIGHTS SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE
AVAILABLE ON EACH COLLEGE AND UNIVERSITY WEBSITE, AND POSTED IN EACH
CAMPUS RESIDENCE HALL, DINING HALL, AND STUDENT UNION OR CAMPUS CENTER
AND SHALL INCLUDE LINKS OR INFORMATION TO FILE A REPORT AND SEEK A
RESPONSE, PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-THREE OF THIS
ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION
SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE.
S 6443. RESPONSE TO REPORTS. 1. IN ACCORDANCE WITH THE VICTIM/SURVIVOR
BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS
ARTICLE AND THE RIGHT OF VICTIMS AND SURVIVORS TO MAKE A REPORT TO LOCAL
LAW ENFORCEMENT AND/OR STATE POLICE, EACH COLLEGE AND UNIVERSITY SHALL
ENSURE THAT VICTIMS AND SURVIVORS ARE PROVIDED WITH THE FOLLOWING INFOR-
MATION:
A. THE RIGHT TO NOTIFY LOCAL LAW ENFORCEMENT AND/OR STATE POLICE;
B. THE RIGHT TO REPORT CONFIDENTIALLY THE INCIDENT TO COLLEGE OR
UNIVERSITY OFFICIALS, WHO MAY MAINTAIN CONFIDENTIALITY PURSUANT TO
APPLICABLE LAWS, AND CAN ASSIST IN OBTAINING SERVICES FOR THE VICTIMS
AND SURVIVORS;
C. THE RIGHT TO DISCLOSE CONFIDENTIALLY THE INCIDENT AND OBTAIN
SERVICES FROM NEW YORK STATE, NEW YORK CITY, OR COUNTY SERVICES;
D. THE RIGHT TO REPORT THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS
WHO CAN OFFER PRIVACY AND CAN ASSIST IN OBTAINING RESOURCES;
E. THE RIGHT TO FILE A CRIMINAL COMPLAINT WITH UNIVERSITY POLICE
AND/OR CAMPUS SECURITY;
F. THE RIGHT TO FILE A REPORT OF SEXUAL ASSAULT, DOMESTIC VIOLENCE,
DATING VIOLENCE, AND/OR STALKING, AND THE RIGHT TO CONSULT THE TITLE IX
COORDINATOR FOR INFORMATION AND ASSISTANCE. REPORTS SHALL BE INVESTI-
GATED IN ACCORDANCE WITH COLLEGE OR UNIVERSITY POLICY AND A
VICTIM/SURVIVOR'S IDENTITY SHALL REMAIN PRIVATE AT ALL TIMES IF SAID
VICTIM/SURVIVOR WISHES TO MAINTAIN CONFIDENTIALITY;
G. WHEN THE ACCUSED IS AN EMPLOYEE, THE RIGHT TO REPORT THE INCIDENT
TO THE COLLEGE OR UNIVERSITY HUMAN RESOURCES AUTHORITY OR THE RIGHT TO
REQUEST THAT A CONFIDENTIAL OR PRIVATE EMPLOYEE ASSIST IN REPORTING TO
THE APPROPRIATE HUMAN RESOURCES AUTHORITY. DISCIPLINARY PROCEEDINGS WILL
BE CONDUCTED IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREE-
MENTS. WHEN THE ACCUSED IS AN EMPLOYEE OF AN AFFILIATED ENTITY OR VENDOR
OF THE COLLEGE, COLLEGE OR UNIVERSITY OFFICIALS WILL, AT THE REQUEST OF
THE VICTIM/SURVIVOR, ASSIST IN REPORTING TO THE APPROPRIATE OFFICE OF
THE VENDOR OR AFFILIATED ENTITY AND, IF THE RESPONSE OF THE VENDOR OR
AFFILIATED ENTITY IS NOT DEEMED SUFFICIENT BY THE COLLEGE OR UNIVERSITY
S. 2006--A 63 A. 3006--A
OFFICIALS, ASSIST IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO
LEGAL REQUIREMENTS AND COLLEGE POLICY;
H. THE RIGHT TO WITHDRAW A COMPLAINT OR INVOLVEMENT FROM THE COLLEGE
OR UNIVERSITY PROCESS AT ANY TIME.
2. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
HAVE INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL HEALTH
COUNSELING, AND MEDICAL. THE POLICY SHALL ALSO PROVIDE INFORMATION ON
SEXUALLY TRANSMITTED INFECTIONS, SEXUAL ASSAULT FORENSIC EXAMINATIONS,
AND RESOURCES AVAILABLE THROUGH THE OFFICE OF VICTIM SERVICES, ESTAB-
LISHED PURSUANT TO SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW.
3. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
HAVE THE FOLLOWING PROTECTIONS AND ACCOMMODATIONS:
A. WHEN THE ACCUSED IS A STUDENT, TO HAVE THE COLLEGE ISSUE A "NO
CONTACT ORDER," WHEREBY CONTINUED CONTACT WITH THE PROTECTED INDIVIDUAL
WOULD BE A VIOLATION OF COLLEGE OR UNIVERSITY POLICY SUBJECT TO ADDI-
TIONAL CONDUCT CHARGES; IF THE ACCUSED AND A PROTECTED PERSON OBSERVE
EACH OTHER IN A PUBLIC PLACE, IT IS THE RESPONSIBILITY OF THE ACCUSED TO
LEAVE THE AREA IMMEDIATELY AND WITHOUT DIRECTLY CONTACTING THE PROTECTED
PERSON;
B. TO HAVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR
OTHER COLLEGE OR UNIVERSITY OFFICIALS IN OBTAINING AN ORDER OF
PROTECTION OR, IF OUTSIDE OF NEW YORK STATE, AN EQUIVALENT PROTECTIVE OR
RESTRAINING ORDER;
C. TO RECEIVE A COPY OF THE ORDER OF PROTECTION OR EQUIVALENT AND HAVE
AN OPPORTUNITY TO MEET OR SPEAK WITH A COLLEGE OR UNIVERSITY OFFICIAL
WHO CAN EXPLAIN THE ORDER AND ANSWER QUESTIONS ABOUT IT, INCLUDING
INFORMATION FROM THE ORDER ABOUT THE ACCUSED'S RESPONSIBILITY TO STAY
AWAY FROM THE PROTECTED PERSON OR PERSONS; THAT BURDEN DOES NOT REST ON
THE PROTECTED PERSON OR PERSONS;
D. A RIGHT TO AN EXPLANATION OF THE CONSEQUENCES FOR VIOLATING THESE
ORDERS, INCLUDING BUT NOT LIMITED TO ARREST, ADDITIONAL CONDUCT CHARGES,
AND INTERIM SUSPENSION;
E. TO RECEIVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY IN
EFFECTING AN ARREST WHEN AN INDIVIDUAL VIOLATES AN ORDER OF PROTECTION
OR, IF UNIVERSITY POLICE OR CAMPUS SECURITY DOES NOT POSSESS ARRESTING
POWERS, THEN TO CALL ON AND ASSIST LOCAL LAW ENFORCEMENT IN EFFECTING AN
ARREST FOR VIOLATING SUCH AN ORDER;
F. WHEN THE ACCUSED IS A STUDENT AND PRESENTS A CONTINUING THREAT TO
THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTER-
IM SUSPENSION PENDING THE OUTCOME OF A CONDUCT PROCESS;
G. WHEN THE ACCUSED IS NOT A STUDENT BUT IS A MEMBER OF THE COLLEGE
COMMUNITY AND PRESENTS A CONTINUING THREAT TO THE HEALTH AND SAFETY OF
THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTERIM MEASURES IN ACCORDANCE
WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS, EMPLOYEE HANDBOOKS,
AND RULES AND POLICIES OF THE COLLEGE OR UNIVERSITY;
H. WHEN THE ACCUSED IS NOT A MEMBER OF THE COLLEGE COMMUNITY, TO HAVE
ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR
UNIVERSITY OFFICIALS IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO
APPLICABLE LEGAL REQUIREMENTS AND POLICIES; AND
I. TO OBTAIN REASONABLE AND AVAILABLE INTERIM MEASURES AND ACCOMMO-
DATIONS THAT EFFECT A CHANGE IN ACADEMIC, HOUSING, EMPLOYMENT, TRANSPOR-
TATION, OR OTHER APPLICABLE ARRANGEMENTS IN ORDER TO ENSURE SAFETY,
PREVENT RETALIATION, AND AVOID AN ONGOING HOSTILE ENVIRONMENT.
4. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT STUDENTS PARTICIPAT-
ING IN THE STUDENT CONDUCT OR JUDICIAL PROCESS BE AFFORDED THE FOLLOWING
RIGHTS AND RESPONSIBILITIES:
S. 2006--A 64 A. 3006--A
A. THE RIGHT TO FILE STUDENT CONDUCT CHARGES AGAINST THE ACCUSED.
CONDUCT PROCEEDINGS ARE GOVERNED BY THE PROCEDURES SET FORTH IN COLLEGE
OR UNIVERSITY RULES AS WELL AS FEDERAL AND NEW YORK STATE LAW, INCLUD-
ING, WHERE APPLICABLE, THE DUE PROCESS PROVISIONS OF THE UNITED STATES
CONSTITUTION AND NEW YORK STATE CONSTITUTION.
B. THROUGHOUT CONDUCT PROCEEDINGS, THE ACCUSED AND THE VICTIM/SURVIVOR
SHALL BE PROVIDED:
(1) THE SAME OPPORTUNITY TO HAVE ACCESS TO AN ADVISOR OF THEIR CHOICE,
WHERE PARTICIPATION OF THE ADVISOR IN ANY PROCEEDING SHALL BE IN COMPLI-
ANCE WITH APPLICABLE FEDERAL LAWS AND THE STUDENT CODE OF CONDUCT.
(2) THE RIGHT TO A PROMPT RESPONSE TO ANY COMPLAINT AND TO HAVE THE
COMPLAINT INVESTIGATED AND ADJUDICATED IN AN IMPARTIAL, TIMELY, AND
THOROUGH MANNER BY INDIVIDUALS WHO RECEIVE ANNUAL TRAINING IN CONDUCTING
INVESTIGATIONS OF SEXUAL VIOLENCE, THE EFFECTS OF TRAUMA, AND OTHER
ISSUES RELATED TO SEXUAL VIOLENCE INCLUDING BUT NOT LIMITED TO SEXUAL
ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING.
(3) THE RIGHT TO AN INVESTIGATION AND PROCESS THAT IS FAIR, IMPARTIAL,
AND PROVIDES A MEANINGFUL OPPORTUNITY TO BE HEARD.
(4) THE RIGHT TO RECEIVE WRITTEN OR ELECTRONIC NOTICE OF ANY MEETING
OR HEARING THEY ARE REQUIRED TO OR ARE ELIGIBLE TO ATTEND.
(5) THE RIGHT TO HAVE A CONDUCT PROCESS RUN CONCURRENTLY WITH A CRIMI-
NAL JUSTICE INVESTIGATION AND PROCEEDING, EXCEPT FOR TEMPORARY DELAYS AS
REQUESTED BY EXTERNAL MUNICIPAL ENTITIES WHILE LAW ENFORCEMENT GATHERS
EVIDENCE. TO COMPLY WITH FEDERAL LAW, TEMPORARY DELAYS SHOULD NOT LAST
MORE THAN TEN DAYS EXCEPT WHEN LAW ENFORCEMENT SPECIFICALLY REQUESTS AND
JUSTIFIES A LONGER DELAY.
(6) THE RIGHT TO REVIEW AVAILABLE EVIDENCE IN THE CASE FILE.
(7) THE RIGHT TO A RANGE OF OPTIONS FOR PROVIDING TESTIMONY VIA ALTER-
NATIVE ARRANGEMENTS, INCLUDING TELEPHONE/VIDEOCONFERENCING OR TESTIFYING
WITH A ROOM PARTITION.
(8) THE RIGHT TO EXCLUDE PRIOR SEXUAL HISTORY OR PAST MENTAL HEALTH
HISTORY FROM ADMITTANCE IN THE COLLEGE DISCIPLINARY STAGE THAT DETER-
MINES RESPONSIBILITY. PAST SEXUAL VIOLENCE FINDINGS MAY BE ADMISSIBLE IN
THE DISCIPLINARY STAGE THAT DETERMINES SANCTION.
(9) THE RIGHT TO ASK QUESTIONS OF THE DECISION MAKER AND VIA THE DECI-
SION MAKER INDIRECTLY REQUEST RESPONSES FROM OTHER PARTIES AND ANY OTHER
WITNESSES PRESENT.
(10) THE RIGHT TO MAKE AN IMPACT STATEMENT DURING THE POINT OF THE
PROCEEDING WHERE THE DECISION MAKER IS DELIBERATING ON APPROPRIATE SANC-
TIONS.
(11) THE RIGHT TO SIMULTANEOUS (AMONG THE PARTIES) WRITTEN OR ELEC-
TRONIC NOTIFICATION OF THE OUTCOME OF A CONDUCT PROCEEDING, INCLUDING
THE SANCTION OR SANCTIONS.
(12) THE RIGHT TO KNOW THE SANCTION OR SANCTIONS THAT MAY BE IMPOSED
ON THE ACCUSED BASED UPON THE OUTCOME OF THE CONDUCT PROCEEDING AND THE
REASON FOR THE ACTUAL SANCTION IMPOSED. FOR STUDENTS FOUND RESPONSIBLE
FOR COMMITTING SEXUAL ASSAULT, THE AVAILABLE SANCTIONS SHALL BE EITHER
IMMEDIATE SUSPENSION WITH ADDITIONAL REQUIREMENTS OR EXPULSION.
C. THE RIGHT TO CHOOSE WHETHER TO DISCLOSE OR DISCUSS THE OUTCOME OF A
CONDUCT HEARING.
S 6444. CAMPUS CLIMATE ASSESSMENTS. 1. EACH COLLEGE AND UNIVERSITY
SHALL CONDUCT A CAMPUS CLIMATE ASSESSMENT AIMED AT ASCERTAINING GENERAL
AWARENESS AND KNOWLEDGE OF PROVISIONS OF THIS ARTICLE, DEVELOPED USING
STANDARD AND COMMONLY RECOGNIZED RESEARCH METHODS, AND SHALL CONDUCT
SUCH ASSESSMENT NO LESS THAN EVERY OTHER YEAR.
S. 2006--A 65 A. 3006--A
2. THE ASSESSMENT SHALL INCLUDE QUESTIONS COVERING AT LEAST THE
FOLLOWING TOPICS REGARDING STUDENT AND EMPLOYEE KNOWLEDGE ABOUT (A) THE
TITLE IX COORDINATOR'S ROLE; (B) CAMPUS POLICIES AND PROCEDURES ADDRESS-
ING SEXUAL ASSAULT; (C) HOW AND WHERE TO REPORT SEXUAL VIOLENCE AS A
VICTIM, SURVIVOR OR WITNESS; (D) THE AVAILABILITY OF RESOURCES ON AND
OFF CAMPUS, SUCH AS COUNSELING, HEALTH, AND ACADEMIC ASSISTANCE; (E) THE
PREVALENCE OF VICTIMIZATION AND PERPETRATION OF SEXUAL ASSAULT, DOMESTIC
VIOLENCE, DATING VIOLENCE, AND STALKING ON AND OFF CAMPUS DURING A SET
TIME PERIOD; (F) BYSTANDER ATTITUDES AND BEHAVIOR; AND (G) WHETHER
VICTIMS AND SURVIVORS REPORTED TO THE COLLEGE OR UNIVERSITY AND/OR
POLICE, AND REASONS WHY THEY DID OR DID NOT REPORT.
3. EACH COLLEGE AND UNIVERSITY SHALL TAKE STEPS TO ENSURE THAT ANSWERS
TO SUCH ASSESSMENTS REMAIN ANONYMOUS AND NO INDIVIDUAL RESPONDENT IS
IDENTIFIED.
4. EACH COLLEGE AND UNIVERSITY SHALL PUBLISH DETAILED RESULTS OF SUCH
SURVEYS ON THEIR INTERNET WEBSITE PROVIDED THAT NO PERSONALLY IDENTIFI-
ABLE INFORMATION OR INFORMATION WHICH CAN REASONABLY LEAD A READER TO
IDENTIFY AN INDIVIDUAL RESPONDENT SHALL BE SHARED.
5. NOTHING IN THIS SECTION SHALL BE SUBJECT TO DISCOVERY OR ADMITTED
INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSIDERED FOR
OTHER PURPOSES IN ANY ACTION FOR DAMAGES BROUGHT BY A PRIVATE PARTY
AGAINST A COLLEGE OR UNIVERSITY.
S 6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE. IN ACCORDANCE WITH THE
VICTIM/SURVIVOR BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED
FORTY-TWO OF THIS ARTICLE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT
VICTIMS AND SURVIVORS HAVE THE FOLLOWING INFORMATION: (A) INFORMATION
REGARDING PRIVILEGED AND CONFIDENTIAL RESOURCES THEY MAY CONTACT REGARD-
ING VIOLENCE; (B) INFORMATION ABOUT NON-PROFESSIONAL COUNSELORS AND
ADVOCATES THEY MAY CONTACT REGARDING VIOLENCE; (C) A PLAIN LANGUAGE
EXPLANATION OF THE DIFFERENCES BETWEEN PRIVACY AND CONFIDENTIALITY; (D)
INFORMATION ABOUT HOW THE COLLEGE OR UNIVERSITY WILL WEIGH A REQUEST FOR
CONFIDENTIALITY AND RESPOND TO SUCH A REQUEST. SUCH INFORMATION SHALL AT
MINIMUM INCLUDE THAT IF A VICTIM/SURVIVOR DISCLOSES AN INCIDENT TO A
COLLEGE OR UNIVERSITY EMPLOYEE WHO IS RESPONSIBLE FOR RESPONDING TO OR
REPORTING SEXUAL VIOLENCE OR SEXUAL HARASSMENT, BUT WISHES TO MAINTAIN
CONFIDENTIALITY OR DOES NOT CONSENT TO THE INSTITUTION'S REQUEST TO
INITIATE AN INVESTIGATION, THE TITLE IX COORDINATOR MUST WEIGH THE
REQUEST AGAINST THE COLLEGE OR UNIVERSITY'S OBLIGATION TO PROVIDE A
SAFE, NON-DISCRIMINATORY ENVIRONMENT FOR ALL MEMBERS OF ITS COMMUNITY.
THE COLLEGE OR UNIVERSITY WILL ASSIST WITH ACADEMIC, HOUSING, TRANSPOR-
TATION, EMPLOYMENT, AND OTHER REASONABLE AND AVAILABLE ACCOMMODATIONS
REGARDLESS OF REPORTING CHOICES. THE COLLEGE OR UNIVERSITY MAY TAKE
PROACTIVE STEPS, SUCH AS TRAINING OR AWARENESS EFFORTS, TO COMBAT SEXUAL
VIOLENCE IN A GENERAL WAY THAT DOES NOT IDENTIFY THOSE WHO DISCLOSE OR
THE INFORMATION DISCLOSED. THE COLLEGE OR UNIVERSITY MAY SEEK CONSENT
FROM THOSE WHO DISCLOSE PRIOR TO CONDUCTING AN INVESTIGATION. DECLINING
TO CONSENT TO AN INVESTIGATION WILL BE HONORED UNLESS THE COLLEGE OR
UNIVERSITY DETERMINES IN GOOD FAITH THAT FAILURE TO INVESTIGATE DOES NOT
ADEQUATELY MITIGATE A POTENTIAL RISK OF HARM TO THE DISCLOSING PERSON OR
OTHER MEMBERS OF THE COMMUNITY. HONORING SUCH A REQUEST MAY LIMIT THE
COLLEGE OR UNIVERSITY'S ABILITY TO MEANINGFULLY INVESTIGATE AND PURSUE
CONDUCT ACTION AGAINST AN ACCUSED INDIVIDUAL. IF THE COLLEGE OR UNIVER-
SITY DETERMINES THAT AN INVESTIGATION IS REQUIRED, IT WILL NOTIFY THE
DISCLOSING PERSON AND TAKE IMMEDIATE ACTION AS NECESSARY TO PROTECT AND
ASSIST THEM. FACTORS USED TO DETERMINE WHETHER TO HONOR A CONFIDENTIALI-
TY REQUEST INCLUDE, BUT ARE NOT LIMITED TO: (1) WHETHER THE ACCUSED HAS
S. 2006--A 66 A. 3006--A
A HISTORY OF VIOLENT BEHAVIOR OR IS A REPEAT OFFENDER; (2) WHETHER THE
INCIDENT REPRESENTS ESCALATION IN UNLAWFUL CONDUCT ON BEHALF OF THE
ACCUSED FROM PREVIOUSLY NOTED BEHAVIOR; (3) THE INCREASED RISK THAT THE
ACCUSED WILL COMMIT ADDITIONAL ACTS OF VIOLENCE; (4) WHETHER THE ACCUSED
USED A WEAPON OR FORCE; (5) WHETHER THE VICTIM/SURVIVOR IS A MINOR; AND
(6) WHETHER THE COLLEGE OR UNIVERSITY POSSESSES OTHER MEANS TO OBTAIN
EVIDENCE SUCH AS SECURITY FOOTAGE, AND WHETHER AVAILABLE INFORMATION
REVEALS A PATTERN OF PERPETRATION AT A GIVEN LOCATION OR BY A PARTICULAR
GROUP; (E) INFORMATION ABOUT PUBLIC AWARENESS AND ADVOCACY EVENTS,
INCLUDING GUARANTEES THAT IF AN INDIVIDUAL DISCLOSES INFORMATION THROUGH
A PUBLIC AWARENESS EVENT SUCH AS CANDLELIGHT VIGILS, PROTESTS, OR OTHER
PUBLIC EVENT, THE COLLEGE OR UNIVERSITY IS NOT OBLIGATED TO BEGIN AN
INVESTIGATION BASED ON SUCH INFORMATION. THE COLLEGE OR UNIVERSITY MAY
USE THE INFORMATION PROVIDED AT SUCH AN EVENT TO INFORM ITS EFFORTS FOR
ADDITIONAL EDUCATION AND PREVENTION EFFORTS; (F) INFORMATION ABOUT METH-
ODS TO ANONYMOUSLY DISCLOSE INCLUDING BUT NOT LIMITED TO INFORMATION ON
RELEVANT CONFIDENTIAL HOTLINES PROVIDED BY NEW YORK STATE AGENCIES AND
NOT-FOR-PROFIT ENTITIES; (G) INFORMATION REGARDING INSTITUTIONAL CRIME
REPORTING INCLUDING BUT NOT LIMITED TO: REPORTS OF CERTAIN CRIMES OCCUR-
RING IN SPECIFIC GEOGRAPHIC LOCATIONS THAT SHALL BE INCLUDED IN THE
COLLEGE OR UNIVERSITY ANNUAL SECURITY REPORT PURSUANT TO THE CLERY ACT,
20 U.S.C. 1092(F), IN AN ANONYMIZED MANNER THAT NEITHER IDENTIFIES THE
SPECIFICS OF THE CRIME OR THE IDENTITY OF THE VICTIM/SURVIVOR; THAT THE
COLLEGE OR UNIVERSITY IS OBLIGATED TO ISSUE TIMELY WARNINGS OF CRIMES
ENUMERATED IN THE CLERY ACT OCCURRING WITHIN RELEVANT GEOGRAPHY THAT
REPRESENT A SERIOUS OR CONTINUING THREAT TO STUDENTS AND EMPLOYEES,
EXCEPT IN THOSE CIRCUMSTANCES WHERE ISSUING SUCH A WARNING MAY COMPRO-
MISE CURRENT LAW ENFORCEMENT EFFORTS OR WHEN THE WARNING ITSELF COULD
POTENTIALLY IDENTIFY THE VICTIM/SURVIVOR; THAT A VICTIM OR SURVIVOR
SHALL NOT BE IDENTIFIED IN A TIMELY WARNING; THAT THE FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT, 20 U.S.C. 1232(G), ALLOWS INSTITUTIONS TO SHARE
INFORMATION WITH PARENTS WHEN (1) THERE IS A HEALTH OR SAFETY EMERGENCY,
OR (2) WHEN THE STUDENT IS A DEPENDENT ON EITHER PARENT'S PRIOR YEAR
FEDERAL INCOME TAX RETURN, AND THAT GENERALLY, THE COLLEGE OR UNIVERSITY
SHALL NOT SHARE INFORMATION ABOUT A REPORT OF SEXUAL VIOLENCE WITH
PARENTS WITHOUT THE PERMISSION OF THE VICTIM/SURVIVOR.
S 6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 1. EACH COLLEGE AND
UNIVERSITY SHALL ADOPT A COMPREHENSIVE STUDENT ONBOARDING AND ONGOING
EDUCATION CAMPAIGN TO EDUCATE MEMBERS OF THE COLLEGE OR UNIVERSITY
COMMUNITY ABOUT SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND
STALKING, IN COMPLIANCE WITH APPLICABLE FEDERAL LAWS, INCLUDING THE
CLERY ACT AS AMENDED BY THE VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION
OF 2013, 20 U.S.C. 1092(F).
2. INCLUDED IN THIS CAMPAIGN IT SHALL BE A REQUIREMENT THAT ALL NEW
FIRST-YEAR AND TRANSFER STUDENTS SHALL, DURING THE COURSE OF THEIR
ONBOARDING TO THEIR COLLEGE OR UNIVERSITY, RECEIVE TRAINING ON THE
FOLLOWING TOPICS, USING A METHOD AND MANNER APPROPRIATE TO THE INSTITU-
TIONAL CULTURE OF EACH COLLEGE OR UNIVERSITY: (A) THE COLLEGE OR UNIVER-
SITY PROHIBITS SEXUAL HARASSMENT, INCLUDING SEXUAL VIOLENCE, OTHER
VIOLENCE OR THREATS OF VIOLENCE, AND WILL OFFER RESOURCES TO ANY VICTIMS
AND SURVIVORS OF SUCH VIOLENCE WHILE TAKING ADMINISTRATIVE AND CONDUCT
ACTION REGARDING ANY ACCUSED INDIVIDUAL WITHIN THE JURISDICTION OF THE
COLLEGE OR UNIVERSITY; (B) RELEVANT DEFINITIONS INCLUDING, BUT NOT
LIMITED TO, THE DEFINITIONS OF SEXUAL VIOLENCE AND CONSENT; (C) POLICIES
APPLY EQUALLY TO ALL STUDENTS REGARDLESS OF SEXUAL ORIENTATION, GENDER
IDENTITY, OR GENDER EXPRESSION; (D) THE ROLE OF THE TITLE IX COORDINA-
S. 2006--A 67 A. 3006--A
TOR, UNIVERSITY POLICE OR CAMPUS SECURITY, AND OTHER RELEVANT OFFICES
THAT ADDRESS SEXUAL VIOLENCE PREVENTION AND RESPONSE; (E) AWARENESS OF
VIOLENCE, ITS IMPACT ON VICTIMS AND SURVIVORS AND THEIR FRIENDS AND
FAMILY, AND ITS LONG-TERM IMPACT; (F) THE POLICIES REQUIRED BY SECTIONS
SIXTY-FOUR HUNDRED FORTY-THREE AND SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS
ARTICLE, INCLUDING: (1) HOW TO REPORT SEXUAL VIOLENCE AND OTHER CRIMES
CONFIDENTIALLY TO COLLEGE OR UNIVERSITY OFFICIALS, CAMPUS LAW ENFORCE-
MENT AND SECURITY, AND LOCAL LAW ENFORCEMENT; AND (2) HOW TO OBTAIN
SERVICES AND SUPPORT; (G) BYSTANDER INTERVENTION AND THE IMPORTANCE OF
TAKING ACTION, WHEN ONE CAN SAFELY DO SO, TO PREVENT VIOLENCE; (H) THE
PROTECTIONS OF THE POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL
VIOLENCE CASES AS OUTLINED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF
THIS ARTICLE; (I) RISK ASSESSMENT AND REDUCTION INCLUDING, BUT NOT
LIMITED TO, STEPS THAT POTENTIAL VICTIMS AND SURVIVORS AND BYSTANDERS
CAN TAKE TO LOWER THE INCIDENCE OF SEXUAL VIOLENCE; AND (J) CONSEQUENCES
AND SANCTIONS FOR INDIVIDUALS WHO COMMIT THESE CRIMES.
3. EACH COLLEGE AND UNIVERSITY SHALL CONDUCT THESE TRAININGS FOR ALL
NEW STUDENTS, WHETHER FIRST-YEAR OR TRANSFER, UNDERGRADUATE, GRADUATE,
OR PROFESSIONAL.
4. EACH COLLEGE AND UNIVERSITY SHALL USE MULTIPLE METHODS TO EDUCATE
STUDENTS ABOUT VIOLENCE PREVENTION AND WILL ALSO SHARE INFORMATION ON
SEXUAL VIOLENCE PREVENTION WITH PARENTS OF ENROLLING STUDENTS.
5. EACH COLLEGE AND UNIVERSITY SHALL OFFER TO ALL STUDENTS GENERAL AND
SPECIALIZED TRAINING IN SEXUAL VIOLENCE PREVENTION. EACH COLLEGE AND
UNIVERSITY SHALL CONDUCT A CAMPAIGN, COMPLIANT WITH THE REQUIREMENTS OF
THE VIOLENCE AGAINST WOMEN ACT, 20 U.S.C. 1092(F), TO EDUCATE THE
STUDENT POPULATION. FURTHER, EACH COLLEGE AND UNIVERSITY SHALL, AS
APPROPRIATE, PROVIDE OR EXPAND SPECIFIC TRAINING TO INCLUDE GROUPS SUCH
AS INTERNATIONAL STUDENTS, STUDENTS THAT ARE ALSO EMPLOYEES, LEADERS AND
OFFICERS OF REGISTERED OR RECOGNIZED STUDENT ORGANIZATIONS, AND ONLINE
AND DISTANCE EDUCATION STUDENTS. EACH COLLEGE AND UNIVERSITY SHALL ALSO
PROVIDE SPECIFIC TRAINING TO MEMBERS OF GROUPS IDENTIFIED AS LIKELY TO
ENGAGE IN HIGH-RISK BEHAVIOR.
6. EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT LEADERS AND
OFFICERS OF STUDENT ORGANIZATIONS RECOGNIZED BY OR REGISTERED WITH THE
COLLEGE OR UNIVERSITY, AS WELL AS THOSE SEEKING RECOGNITION BY THE
COLLEGE OR UNIVERSITY, COMPLETE TRAINING ON SEXUAL VIOLENCE PREVENTION
AS PART OF THE APPROVAL PROCESS, AND EACH COLLEGE AND UNIVERSITY SHALL
REQUIRE THAT STUDENT-ATHLETES COMPLETE TRAINING ON SEXUAL VIOLENCE
PREVENTION PRIOR TO PARTICIPATING IN INTERCOLLEGIATE ATHLETIC COMPETI-
TION.
7. METHODS OF TRAINING AND EDUCATING STUDENTS MAY INCLUDE, BUT ARE NOT
LIMITED TO: (A) PRESIDENT'S WELCOME MESSAGING; (B) PEER THEATER AND PEER
EDUCATIONAL PROGRAMS; (C) ONLINE TRAINING; (D) SOCIAL MEDIA OUTREACH;
(E) FIRST-YEAR SEMINARS AND TRANSITIONAL COURSES; (F) COURSE SYLLABI;
(G) FACULTY TEACH-INS; (H) INSTITUTION-WIDE READING PROGRAMS; (I) POST-
ERS, BULLETIN BOARDS, AND OTHER TARGETED PRINT AND EMAIL MATERIALS; (J)
PROGRAMMING SURROUNDING LARGE RECURRING CAMPUS EVENTS; (K) PARTNERING
WITH NEIGHBORING COLLEGES AND UNIVERSITIES TO OFFER TRAINING AND EDUCA-
TION; (L) PARTNERING WITH STATE AND LOCAL COMMUNITY ORGANIZATIONS THAT
PROVIDE OUTREACH, SUPPORT, CRISIS INTERVENTION, COUNSELING AND OTHER
RESOURCES TO VICTIMS AND SURVIVORS OF CRIMES TO OFFER TRAINING AND
EDUCATION; AND (M) OUTREACH AND PARTNERING WITH LOCAL BUSINESSES THAT
ATTRACT STUDENTS TO ADVERTISE AND EDUCATE ABOUT THESE POLICIES.
8. EACH COLLEGE AND UNIVERSITY MUST ENGAGE IN AN OCCASIONAL ASSESSMENT
OF ITS PROGRAM AND POLICIES ESTABLISHED PURSUANT TO PROVISIONS OF THIS
S. 2006--A 68 A. 3006--A
ARTICLE, IN ORDER TO DETERMINE EFFECTIVENESS AND RELEVANCE FOR STUDENTS,
BY EITHER ASSESSING ITS OWN PROGRAMMING OR BY CONDUCTING A REVIEW OF
POLICIES OF OTHER COLLEGES AND UNIVERSITIES AND PUBLISHED STUDIES.
S 6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS. IN ANY
PROCEEDING BROUGHT AGAINST A COLLEGE OR UNIVERSITY CHARTERED BY THE
REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE AND WHICH
MAINTAINS A CAMPUS, CHALLENGING A FINDING THAT A STUDENT WAS RESPONSIBLE
FOR A VIOLATION OF THE COLLEGE OR UNIVERSITY RULES, THE PLEADINGS AND
OTHER PAPERS OF SUCH A PROCEEDING SHALL NOT NAME OR PROVIDE IDENTIFYING
INFORMATION ABOUT TESTIFYING WITNESSES (INCLUDING A VICTIM OR SURVIVOR
OF A CRIME) WITH THE EXCEPTION OF THE PETITIONER, INDIVIDUALS TESTIFYING
IN THEIR PROFESSIONAL OR EXPERT CAPACITY, AND WITNESSES WHO WAIVE THIS
RIGHT TO PRIVACY IN A NOTARIZED INSTRUMENT PRESENTED TO THE COURT.
WITNESSES SHALL BE IDENTIFIED ONLY AS NUMBERED WITNESSES.
S 2. This act shall take effect immediately; provided, however, that
sections sixty-four hundred thirty-nine, sixty-four hundred forty,
sixty-four hundred forty-one, sixty-four hundred forty-three, sixty-four
hundred forty-five, and sixty-four hundred forty-six of article 29-B of
the education law, as added by section one of this act, shall take
effect on the one hundred eightieth day after it shall have become a
law; sections sixty-four hundred forty-two and sixty-four hundred
forty-seven of article 29-B of the education law, as added by section
one of this act, shall take effect on the sixtieth day after it shall
have become a law, and section sixty-four hundred forty-four of article
29-B of the education law, as added by section one of this act, shall
take effect on the four hundred twenty-fifth day after it shall have
become a law.
PART I
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part E of chapter 58 of the laws of 2014, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$139.00] $141.00 for each month beginning on or after
January first, two thousand [fourteen] FIFTEEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$160.00] $163.00 for each month beginning on
or after January first, two thousand [fourteen] FIFTEEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$190.00] $193.00 for each month
beginning on or after January first, two thousand [fourteen] FIFTEEN.
(d) for the period commencing January first, two thousand [fifteen]
SIXTEEN, the monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [fifteen] SIXTEEN, but prior to June thirtieth, two thousand
[fifteen] SIXTEEN, rounded to the nearest whole dollar.
S. 2006--A 69 A. 3006--A
S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
E of chapter 58 of the laws of 2014, are amended to read as follows:
(a) On and after January first, two thousand [fourteen] FIFTEEN, for
an eligible individual living alone, [$808.00] $820.00; and for an
eligible couple living alone, [$1186.00] $1204.00.
(b) On and after January first, two thousand [fourteen] FIFTEEN, for
an eligible individual living with others with or without in-kind
income, [$744.00] $756.00; and for an eligible couple living with others
with or without in-kind income, [$1128.00] $1146.00.
(c) On and after January first, two thousand [fourteen] FIFTEEN, (i)
for an eligible individual receiving family care, [$987.48] $999.48 if
he or she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, [$949.48]
$961.48; and (iv) for an eligible couple receiving such care in any
other county in the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
(d) On and after January first, two thousand [fourteen] FIFTEEN, (i)
for an eligible individual receiving residential care, [$1156.00]
$1168.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1126.00] $1138.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) (i) On and after January first, two thousand [fourteen] FIFTEEN,
for an eligible individual receiving enhanced residential care,
[$1415.00] $1427.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i) of
this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [fifteen] SIXTEEN but
prior to June thirtieth, two thousand [fifteen] SIXTEEN.
S 3. This act shall take effect December 31, 2015.
PART J
Section 1. Paragraph (vi) of subdivision (a) of section 115 of the
family court act, as amended by chapter 222 of the laws of 1994, is
amended to read as follows:
(vi) proceedings concerning juvenile delinquency as set forth in arti-
cle three THAT ARE COMMENCED IN FAMILY COURT.
S 2. Subdivision (e) of section 115 of the family court act, as added
by chapter 222 of the laws of 1994, is amended to read as follows:
(e) The family court has concurrent jurisdiction with the criminal
court over all family offenses as defined in article eight of this act
AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT
S. 2006--A 70 A. 3006--A
OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF
THE CASE TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
S 3. Subdivision (b) of section 117 of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
(b) For every juvenile delinquency proceeding under article three OF
THIS ACT involving an allegation of an act committed by a person which,
if done by an adult, would [be a crime (i) defined in sections 125.27
(murder in the first degree); 125.25 (murder in the second degree);
135.25 (kidnapping in the first degree); or 150.20 (arson in the first
degree) of the penal law committed by a person thirteen, fourteen or
fifteen years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law;
(ii) defined in sections 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the first degree);
130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in
the second degree), but only where the abduction involved the use or
threat of use of deadly physical force; 150.15 (arson in the second
degree); or 160.15 (robbery in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the first or second degree or
kidnapping in the first degree committed by a person thirteen, fourteen
or fifteen years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30 (burglary in the first degree);
subdivision one of section 140.25 (burglary in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of the
penal law; or section 265.03 of the penal law, where such machine gun or
such firearm is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law committed by
a person fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen or fifteen years of age but only where
there has been a prior finding by a court that such person has previous-
ly committed an act which, if committed by an adult, would be the crime
of assault in the second degree, robbery in the second degree or any
designated felony act specified in clause (i), (ii) or (iii) of this
subdivision regardless of the age of such person at the time of the
commission of the prior act; or (vi) other than a misdemeanor, committed
by a person at least seven but less than sixteen years of age, but only
where there has been two prior findings by the court that such person
has committed a prior act which, if committed by an adult would be a
felony] CONSTITUTE A DESIGNATED FELONY ACT AS DEFINED IN SUBDIVISION
EIGHT OF SECTION 301.2 OF SUCH ARTICLE:
(i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation THAT ARE
NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings
shall be originated in or be transferred to this part from other parts
as they are made known to the court.
S. 2006--A 71 A. 3006--A
(ii) Outside the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every other proceeding
in the court, except proceedings under article ten.
S 4. Subdivision 1 of section 301.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. "Juvenile delinquent" means a person [over seven and less than
sixteen years of age, who, having committed an act that would constitute
a crime if committed by an adult, (a) is not criminally responsible for
such conduct by reason of infancy, or (b) is the defendant in an action
ordered removed from a criminal court to the family court pursuant to
article seven hundred twenty-five of the criminal procedure law]:
(A) WHO IS:
(I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE FIRST DEGREE)
OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
AN ADULT; OR
(II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS OF AGE
WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
ADULT; OR
(III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND
EIGHTEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT
WOULD CONSTITUTE A CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION
240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND
(B) WHO IS EITHER:
(I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY;
OR
(II) THE DEFENDANT IN AN ACTION BASED ON SUCH ACT THAT HAS BEEN
ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
S 5. Subdivisions 8 and 9 of section 301.2 of the family court act,
subdivision 8 as amended by chapter 7 of the laws of 2007 and subdivi-
sion 9 as added by chapter 920 of the laws of 1982, are amended to read
as follows:
8. "Designated felony act" means an act which, if done by an adult,
would be a crime: (i) defined in sections 125.27 (murder in the first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen [or], fifteen, OR SIXTEEN, OR
COMMENCING JANUARY 1, 2018, SEVENTEEN years of age; or such conduct
committed as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law; (ii) defined in sections 120.10
(assault in the first degree); 125.20 (manslaughter in the first
degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act
in the first degree); 130.70 (aggravated sexual abuse in the first
degree); 135.20 (kidnapping in the second degree) but only where the
abduction involved the use or threat of use of deadly physical force;
150.15 (arson in the second degree) or 160.15 (robbery in the first
degree) of the penal law committed by a person thirteen, fourteen [or],
fifteen, OR SIXTEEN, OR, COMMENCING JANUARY 1, 2018, SEVENTEEN years of
age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (iii) defined in
the penal law as an attempt to commit murder in the first or second
degree or kidnapping in the first degree committed by a person thirteen,
fourteen [or], fifteen, OR SIXTEEN, OR COMMENCING JANUARY 1, 2018,
SEVENTEEN years of age; or such conduct committed as a sexually moti-
S. 2006--A 72 A. 3006--A
vated felony, where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30 (burglary in the first degree);
subdivision one of section 140.25 (burglary in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of the
penal law; or section 265.03 of the penal law, where such machine gun or
such firearm is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law committed by
a person fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING
JANUARY 1, 2018, SEVENTEEN years of age but only where there has been a
prior finding by a court that such person has previously committed an
act which, if committed by an adult, would be the crime of assault in
the second degree, robbery in the second degree or any designated felony
act specified in paragraph (i), (ii), or (iii) of this subdivision
regardless of the age of such person at the time of the commission of
the prior act; [or] (vi) other than a misdemeanor committed by a person
at least [seven] TWELVE but less than [sixteen] SEVENTEEN years of age,
OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PERSON AT LEAST
TWELVE BUT LESS THAN EIGHTEEN YEARS OF AGE, but only where there has
been two prior findings by the court that such person has committed a
prior felony; OR (VII) THAT CONSTITUTES A VIOLENT FELONY OFFENSE AS
DEFINED SECTION 70.02 OF THE PENAL LAW; ANY CRIME IN THE PENAL LAW THAT
IS CLASSIFIED AS A CLASS A FELONY, EXCEPTING THOSE WHICH REQUIRE, AS AN
ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR
OLDER; VEHICULAR ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION
120.03 OF THE PENAL LAW; VEHICULAR ASSAULT IN THE FIRST DEGREE AS
DEFINED IN SECTION 120.04 OF THE PENAL LAW; AGGRAVATED VEHICULAR ASSAULT
AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW; CRIMINALLY NEGLIGENT
HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW; AGGRAVATED
CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.11 OF THE PENAL
LAW; VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION
125.12 OF THE PENAL LAW; VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS
DEFINED IN SECTION 125.13 OF THE PENAL LAW; AGGRAVATED VEHICULAR HOMI-
CIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; MANSLAUGHTER IN THE
SECOND DEGREE AS DEFINED IN SECTION 125.15 OF THE PENAL LAW; MANSLAUGHT-
ER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20 OF THE PENAL LAW;
AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION
125.21; AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN
SECTION 125.22 OF THE PENAL LAW; TAMPERING WITH A WITNESS IN THE THIRD,
SECOND, OR FIRST DEGREE AS DEFINED UNDER ARTICLE 215 OF THE PENAL LAW,
PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING
IS ONE FOR WHICH SUCH PERSON IS RESPONSIBLE; AGGRAVATED CRIMINAL
CONTEMPT AS DEFINED IN SECTION 215.52 OF THE PENAL LAW; ACTS CONSTITUT-
ING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05
OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUT-
ING A FELONY DEFINED IN ARTICLE 490 OF THE PENAL LAW; AND ACTS CONSTI-
TUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND
SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR
THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
SIBLE COMMITTED BY A PERSON SIXTEEN YEARS OLD OR, COMMENCING JANUARY
FIRST, TWO THOUSAND EIGHTEEN A PERSON SIXTEEN OR SEVENTEEN YEARS OLD.
S. 2006--A 73 A. 3006--A
9. "Designated class A felony act" means a designated felony act
[defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A
CLASS A FELONY IF COMMITTED BY AN ADULT.
S 6. Subdivision 1 of section 302.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. The family court has exclusive original jurisdiction over any
proceeding to determine whether a person is a juvenile delinquent
COMMENCED IN FAMILY COURT AND CONCURRENT JURISDICTION WITH THE YOUTH
PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY
COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW.
S 7. Section 304.1 of the family court act, as added by chapter 920 of
the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
1987, is amended to read as follows:
S 304.1. Detention. 1. A facility certified by the state [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
facility must be operated in conformity with the regulations of the
state [division for youth and shall be subject to the visitation and
inspection of the state board of social welfare] OFFICE OF CHILDREN AND
FAMILY SERVICES.
2. No child to whom the provisions of this article may apply shall be
detained in any prison, jail, lockup, or other place used for adults
convicted of crime or under arrest and charged with crime without the
approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each child and the statement of its reasons
therefor. The state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES shall promulgate and publish the rules which it shall apply in
determining whether approval should be granted pursuant to this subdivi-
sion.
3. [The detention of a child under ten years of age in a secure
detention facility shall not be directed under any of the provisions of
this article.
4.] A detention facility which receives a child under subdivision four
of section 305.2 shall immediately notify the child's parent or other
person legally responsible for his OR HER care or, if such legally
responsible person is unavailable the person with whom the child
resides, that he OR SHE has been placed in detention.
S 8. Subdivision 1 of section 304.2 of the family court act, as added
by chapter 683 of the laws of 1984, is amended to read as follows:
(1) Upon application by the presentment agency, OR UPON APPLICATION BY
THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
issue a temporary order of protection against a respondent for good
cause shown, ex parte or upon notice, at any time after a juvenile is
taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
ance of an appearance ticket pursuant to section 307.1 or upon the
filing of a petition pursuant to section 310.1.
S 9. Subdivision 1 of section 305.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. A private person may take a child [under the age of sixteen] WHO
MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT
THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
which [he] SUCH PRIVATE PERSON may arrest an adult for a crime under
section 140.30 of the criminal procedure law.
S 10. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
S. 2006--A 74 A. 3006--A
2. An officer may take a child [under the age of sixteen] WHO MAY BE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT THAT
WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
in cases in which [he] THE OFFICER may arrest a person for a crime under
article one hundred forty of the criminal procedure law.
S 11. Paragraph (b) of subdivision 4 of section 305.2 of the family
court act, as amended by chapter 492 of the laws of 1987, is amended to
read as follows:
(b) forthwith and with all reasonable speed take the child directly,
and without his first being taken to the police station house, to the
family court located in the county in which the act occasioning the
taking into custody allegedly was committed, OR, WHEN THE FAMILY COURT
IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
MENT TO CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
officer determines that it is necessary to question the child, in which
case he OR SHE may take the child to a facility designated by the chief
administrator of the courts as a suitable place for the questioning of
children or, upon the consent of a parent or other person legally
responsible for the care of the child, to the child's residence and
there question him OR HER for a reasonable period of time; or
S 12. Subdivision 1 of section 306.1 of the family court act, as
amended by chapter 645 of the laws of 1996, is amended to read as
follows:
1. Following the arrest of a child alleged to be a juvenile delin-
quent, or the filing of a delinquency petition involving a child who has
not been arrested, the arresting officer or other appropriate police
officer or agency shall take or cause to be taken fingerprints of such
child if:
(a) the child is eleven years of age or older and the crime which is
the subject of the arrest or which is charged in the petition consti-
tutes a class [A or B] A-1 felony; [or]
(b) THE CHILD IS TWELVE YEARS OF AGE OR OLDER AND THE CRIME WHICH IS
THE SUBJECT OF THE ARREST OR WHICH IS CHARGED IN THE PETITION CONSTI-
TUTES A CLASS A OR B FELONY; OR
(C) the child is thirteen years of age or older and the crime which is
the subject of the arrest or which is charged in the petition consti-
tutes a class C, D or E felony.
S 13. Section 307.3 of the family court act, as added by chapter 920
of the laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
the laws of 1987, is amended to read as follows:
S 307.3. Rules of court authorizing release before filing of petition.
1. The agency responsible for operating a detention facility pursuant to
section two hundred eighteen-a of the county law, five hundred [ten-a]
THREE of the executive law or other applicable provisions of law, shall
release a child in custody before the filing of a petition to the custo-
dy of his OR HER parents or other person legally responsible for his OR
HER care, or if such legally responsible person is unavailable, to a
person with whom he OR SHE resides, when the events occasioning the
taking into custody do not appear to involve allegations that the child
committed a delinquent act.
2. When practicable such agency may release a child before the filing
of a petition to the custody of his OR HER parents or other person
legally responsible for his OR HER care, or if such legally responsible
person is unavailable, to a person with whom he OR SHE resides, when the
events occasioning the taking into custody appear to involve allegations
S. 2006--A 75 A. 3006--A
that the child committed a delinquent act; PROVIDED, HOWEVER, THAT SUCH
AGENCY MUST RELEASE THE CHILD IF:
(A) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
TED BY AN ADULT; OR
(B) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
(I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER
PERSON;
(II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(III) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION
NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND
(IV) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
3. If a child is released under this section, the child and the person
legally responsible for his OR HER care shall be issued a family court
appearance ticket in accordance with section 307.1.
4. If the agency for any reason does not release a child under this
section, such child shall be brought before the appropriate family
court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
BLE MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF
SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL-
ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
ty-two hours or the next day the court is in session, whichever is soon-
er. Such agency shall thereupon file an application for an order
pursuant to section 307.4 and shall forthwith serve a copy of the appli-
cation upon the appropriate presentment agency. Nothing in this subdivi-
sion shall preclude the adjustment of suitable cases pursuant to section
308.1.
S 14. Paragraph (c) of subdivision 4 of section 307.4 of the family
court act, as added by chapter 920 of the laws of 1982, is amended to
read as follows:
(c) the events occasioning the taking into custody appear to involve
acts which constitute juvenile delinquency, unless the court finds and
states facts and reasons which would support a detention order pursuant
to section 320.5, OR, IN THE CASE OF A JUVENILE WHO IS CHARGED WITH AN
ACT ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER
THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN ADULT, AN ORDER FOR
BAIL PURSUANT TO SECTION 320.5 OF THIS ARTICLE.
S 15. Section 308.1 of the family court act, as added by chapter 920
of the laws of 1982, subdivision 2 as amended by section 3 of part V of
chapter 55 of the laws of 2012, subdivision 4 as amended by chapter 264
of the laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of
the laws of 1983, and subdivision 6 as amended by chapter 663 of the
laws of 1985, is amended to read as follows:
S 308.1. [Rules of court for preliminary] PRELIMINARY procedure;
ADJUSTMENT OF CASES. 1. [Rules of court shall authorize and determine
the circumstances under which the] THE probation service may confer with
S. 2006--A 76 A. 3006--A
any person seeking to have a juvenile delinquency petition filed, the
potential respondent and other interested persons concerning the advis-
ability of requesting that a petition be filed IN ACCORDANCE WITH THIS
SECTION.
2. (A) Except as provided in subdivisions three [and], four, AND THIR-
TEEN of this section, the probation service may[, in accordance with
rules of court,] ATTEMPT TO adjust [suitable cases] A CASE before a
petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS
SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL OF RISK THAT THE
CHILD WILL COMMIT ANOTHER ACT THAT WOULD CONSTITUTE A CRIME AS DETER-
MINED BY A VALIDATED RISK ASSESSMENT INSTRUMENT AND THE EXTENT OF ANY
PHYSICAL INJURY TO THE VICTIM.
(B) IF A CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND THE EVENTS IN
THE CASE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED
ACTS THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED BY
AN ADULT, THE PROBATION SERVICE MUST DILIGENTLY ATTEMPT TO ADJUST THE
CASE. SUCH ATTEMPTS MAY INCLUDE THE USE OF A JUVENILE REVIEW BOARD
COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE CHILD AND
HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES. THE
PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL BENE-
FIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR
THE TIME FOR ADJUSTMENT HAS EXPIRED.
(C) The inability of the respondent or his or her family to make
restitution shall not be a factor in a decision to adjust a case or in a
recommendation to the presentment agency pursuant to subdivision six of
this section.
(D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT FOR A
TEMPORARY ORDER OF PROTECTION AS PART OF THE ADJUSTMENT OF A CASE IN
ACCORDANCE WITH SECTION 304.2 OF THIS ARTICLE.
(E) Nothing in this section shall prohibit the probation service or
the court from directing a respondent to obtain employment and to make
restitution from the earnings from such employment. Nothing in this
section shall prohibit the probation service or the court from directing
an eligible person to complete an education reform program in accordance
with section four hundred fifty-eight-l of the social services law.
3. The probation service shall not ATTEMPT TO adjust a case THAT
COMMENCED IN FAMILY COURT in which the child has allegedly committed a
designated felony act THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED
PHYSICAL INJURY TO A PERSON unless [it] THE PROBATION SERVICE has
received the written approval of the court.
4. The probation service shall not ATTEMPT TO adjust a case in which
the child has allegedly committed a delinquent act which would be a
crime defined in section 120.25, (reckless endangerment in the first
degree), subdivision one of section 125.15, (manslaughter in the second
degree), subdivision one of section 130.25, (rape in the third degree),
subdivision one of section 130.40, (criminal sexual act in the third
degree), subdivision one or two of section 130.65, (sexual abuse in the
first degree), section 135.65, (coercion in the first degree), section
140.20, (burglary in the third degree), section 150.10, (arson in the
third degree), section 160.05, (robbery in the third degree), subdivi-
sion two, three or four of section 265.02, (criminal possession of a
weapon in the third degree), section 265.03, (criminal possession of a
weapon in the second degree), or section 265.04, (criminal possession of
a [dangerous] weapon in the first degree) of the penal law where the
child has previously had one or more adjustments of a case in which such
S. 2006--A 77 A. 3006--A
child allegedly committed an act which would be a crime specified in
this subdivision unless it has received written approval from the court
and the appropriate presentment agency.
5. The fact that a child is detained prior to the filing of a petition
shall not preclude the probation service from adjusting a case; upon
adjusting such a case the probation service shall notify the detention
facility to release the child.
6. The probation service shall not transmit or otherwise communicate
to the presentment agency any statement made by the child to a probation
officer. However, the probation service may make a recommendation
regarding adjustment of the case to the presentment agency and provide
such information, including any report made by the arresting officer and
record of previous adjustments and arrests, as it shall deem relevant.
7. No statement made to the probation service prior to the filing of a
petition may be admitted into evidence at a fact-finding hearing or, if
the proceeding is transferred to a criminal court, at any time prior to
a conviction.
8. The probation service may not prevent any person who wishes to
request that a petition be filed from having access to the appropriate
presentment agency for that purpose.
9. Efforts at adjustment [pursuant to rules of court] under this
section may not extend for a period of more than two months [without],
OR, FOR A PERIOD OF MORE THAN FOUR MONTHS IF THE PROBATION SERVICE
DETERMINES THAT ADJUSTMENT BEYOND THE FIRST TWO MONTHS IS WARRANTED
BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES NEED TO BE
MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
may extend the ADJUSTMENT period for an additional two months.
10. If a case is not adjusted by the probation service, such service
shall notify the appropriate presentment agency of that fact within
forty-eight hours or the next court day, whichever occurs later.
11. The probation service may not be authorized under this section to
compel any person to appear at any conference, produce any papers, or
visit any place.
12. The probation service shall certify to the division of criminal
justice services and to the appropriate police department or law
enforcement agency whenever it adjusts a case in which the potential
respondent's fingerprints were taken pursuant to section 306.1 in any
manner other than the filing of a petition for juvenile delinquency for
an act which, if committed by an adult, would constitute a felony,
provided, however, in the case of a child [eleven or] twelve years of
age, such certification shall be made only if the act would constitute a
class A or B felony, OR, IN THE CASE OF A CHILD ELEVEN YEARS OF AGE,
SUCH CERTIFICATION SHALL BE MADE ONLY IF THE ACT WOULD CONSTITUTE A
CLASS A-1 FELONY.
13. The [provisions of this section] PROBATION SERVICE shall not
[apply] ATTEMPT TO ADJUST A CASE where the petition is an order of
removal to the family court pursuant to article seven hundred twenty-
five of the criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
APPROVAL OF THE COURT.
S 16. Paragraph (c) of subdivision 3 of section 311.1 of the family
court act, as added by chapter 920 of the laws of 1982, is amended to
read as follows:
(c) the fact that the respondent is a person [under sixteen years of]
OF THE NECESSARY age TO BE A JUVENILE DELINQUENT at the time of the
alleged act or acts;
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S 17. Subdivision 1 of section 320.5 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. At the initial appearance, the court in its discretion may (A)
release the respondent [or], (B) direct his detention, OR, (C) IN THE
CASE OF A RESPONDENT WHO IS CHARGED WITH AN ACT ALLEGEDLY COMMITTED WHEN
HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER THAT WOULD BE A CRIME IF
COMMITTED BY AN ADULT, OR IN THE CASE OF SUCH A RESPONDENT WHOSE CASE
HAS BEEN REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, FIX BAIL PURSUANT TO PARA-
GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION.
S 18. Subdivision 3 of section 320.5 of the family court act is
amended by adding two new paragraphs (a-1) and (e) to read as follows:
(A-1) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT
SHALL NOT DIRECT DETENTION IF:
(I) THE EVENTS UNDERLYING THE INITIAL APPEARANCE APPEAR TO INVOLVE
ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO
MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
(II) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
(1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
(2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
(4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE
DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES-
SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC
SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER.
(E) IN THE CASE OF SUCH A RESPONDENT WHO IS CHARGED WITH AN ACT
ALLEGEDLY COMMITTED WHEN HE OR SHE WAS SIXTEEN YEARS OF AGE OR OLDER
THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT OR IN THE CASE OF SUCH A
RESPONDENT WHOSE CASE HAS BEEN REMOVED TO THE FAMILY COURT PURSUANT TO
ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, IF THE
COURT FINDS THAT THE RESPONDENT OTHERWISE MEETS THE CRITERIA FOR PLACE-
MENT IN DETENTION AS SET FORTH IN PARAGRAPH (A) OF THIS SECTION AND THAT
AVAILABLE ALTERNATIVES TO DETENTION, INCLUDING CONDITIONAL RELEASE,
WOULD NOT PREVENT SUCH RISK, THE COURT MAY CONSIDER THE RESPONDENT TO BE
A PRINCIPAL UNDER SUBDIVISION ONE OF SECTION 500.10 OF THE CRIMINAL
PROCEDURE LAW; FIX BAIL IN ACCORDANCE WITH SECTION 510.30 OF THE CRIMI-
NAL PROCEDURE LAW, AND ORDER BAIL IN ACCORDANCE WITH SECTION 530.10 OF
THE CRIMINAL PROCEDURE LAW AND THE RESPONDENT MAY POST BAIL IN ACCORD-
ANCE WITH, AND OTHERWISE BE SUBJECT TO THE APPLICABLE PROVISIONS OF,
TITLE P OF SUCH LAW.
S 19. Subdivision 5 of section 322.2 of the family court act, as added
by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by
chapter 41 of the laws of 2010, is amended to read as follows:
5. (a) If the court finds that there is probable cause to believe
that the respondent committed a felony, it shall order the respondent
committed to the custody of the commissioner of mental health or the
commissioner of [mental retardation and] PERSONS WITH developmental
disabilities for an initial period not to exceed one year from the date
of such order. Such period may be extended annually upon further appli-
S. 2006--A 79 A. 3006--A
cation to the court by the commissioner having custody or his or her
designee. Such application must be made not more than sixty days prior
to the expiration of such period on forms that have been prescribed by
the chief administrator of the courts. At that time, the commissioner
must give written notice of the application to the respondent, the coun-
sel representing the respondent and the mental hygiene legal service if
the respondent is at a residential facility. Upon receipt of such appli-
cation, the court must conduct a hearing to determine the issue of
capacity. If, at the conclusion of a hearing conducted pursuant to this
subdivision, the court finds that the respondent is no longer incapaci-
tated, he or she shall be returned to the family court for further
proceedings pursuant to this article. If the court is satisfied that the
respondent continues to be incapacitated, the court shall authorize
continued custody of the respondent by the commissioner for a period not
to exceed one year. Such extensions shall not continue beyond a reason-
able period of time necessary to determine whether the respondent will
attain the capacity to proceed to a fact finding hearing in the foresee-
able future but in no event shall continue beyond the respondent's eigh-
teenth birthday OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE
WHEN THE ACT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTH-
DAY.
(b) If a respondent is in the custody of the commissioner upon the
respondent's eighteenth birthday, OR IF THE RESPONDENT WAS AT LEAST
SIXTEEN YEARS OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY, the
commissioner shall notify the clerk of the court that the respondent was
in his custody on such date and the court shall dismiss the petition.
(c) If the court finds that there is probable cause to believe that
the respondent has committed a designated felony act, the court shall
require that treatment be provided in a residential facility within the
appropriate office of the department of mental hygiene.
(d) The commissioner shall review the condition of the respondent
within forty-five days after the respondent is committed to the custody
of the commissioner. He or she shall make a second review within ninety
days after the respondent is committed to his or her custody. Thereaft-
er, he or she shall review the condition of the respondent every ninety
days. The respondent and the counsel for the respondent, shall be noti-
fied of any such review and afforded an opportunity to be heard. The
commissioner having custody shall apply to the court for an order
dismissing the petition whenever he or she determines that there is a
substantial probability that the respondent will continue to be incapac-
itated for the foreseeable future. At the time of such application the
commissioner must give written notice of the application to the respond-
ent, the presentment agency and the mental hygiene legal service if the
respondent is at a residential facility. Upon receipt of such applica-
tion, the court may on its own motion conduct a hearing to determine
whether there is substantial probability that the respondent will
continue to be incapacitated for the foreseeable future, and it must
conduct such hearing if a demand therefor is made by the respondent or
the mental hygiene legal service within ten days from the date that
notice of the application was given to them. The respondent may apply to
the court for an order of dismissal on the same ground.
S 20. Subdivisions 1 and 5 of section 325.1 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
5 as added by chapter 920 of the laws of 1982, is amended to read as
follows:
S. 2006--A 80 A. 3006--A
1. At the initial appearance, if the respondent denies a charge
contained in the petition and the court determines IN ACCORDANCE WITH
THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
shall be detained for more than three days pending a fact-finding hear-
ing, the court shall schedule a probable-cause hearing to determine the
issues specified in section 325.3 OF THIS PART.
5. Where the petition consists of an order of removal pursuant to
article seven hundred twenty-five of the criminal procedure law, unless
the removal was pursuant to subdivision three of section 725.05 of such
law and the respondent was not afforded a probable cause hearing pursu-
ant to subdivision [three] TWO of section [180.75] 722.20 of such law
[for a reason other than his waiver thereof pursuant to subdivision two
of section 180.75 of such law], the petition shall be deemed to be based
upon a determination that probable cause exists to believe the respond-
ent is a juvenile delinquent and the respondent shall not be entitled to
any further inquiry on the subject of whether probable cause exists.
After the filing of any such petition the court must, however, exercise
independent, de novo discretion with respect to release or detention as
set forth in section 320.5.
S 21. Subdivisions 1 and 2 of section 340.2 of the family court act,
as added by chapter 920 of the laws of 1982, are amended to read as
follows:
1. [The] EXCEPT WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF
THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT TO ARTICLE
SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who
presides at the commencement of the fact-finding hearing shall continue
to preside until such hearing is concluded and an order entered pursuant
to section 345.1 OF THIS PART unless a mistrial is declared.
2. The judge who presides at the fact-finding hearing or accepts an
admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any
other subsequent hearing in the proceeding, including but not limited to
the dispositional hearing EXCEPT WHERE THE CASE IS REMOVED TO FAMILY
COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
S 22. Paragraph (a) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 880 of the laws of 1985, is amended to
read as follows:
(a) In determining an appropriate order the court shall consider the
needs and best interests of the respondent as well as the need for
protection of the community. If the respondent has committed a desig-
nated felony act the court shall determine the appropriate disposition
in accord with section 353.5. In all other cases the court shall order
the least restrictive available alternative enumerated in subdivision
one OF THIS SECTION which is consistent with the needs and best inter-
ests of the respondent and the need for protection of the community;
PROVIDED, HOWEVER, THAT THE COURT SHALL NOT DIRECT THE PLACEMENT OF A
RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES IF:
(I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE
THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
(II) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE MORE
THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
IF:
(1) THE ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN
SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
S. 2006--A 81 A. 3006--A
(2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
(4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE
PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A
PLACEMENT IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMI-
NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION
IN THE COURT ORDER.
S 23. Paragraph (a) of subdivision 1 and paragraphs (f) and (h) of
subdivision 2 of section 353.2 of the family court act, paragraph (a) of
subdivision 1 as added by chapter 920 of the laws of 1982, paragraphs
(f) and (h) of subdivision 2 as amended by chapter 124 of the laws of
1993, are amended to read as follows:
(a) placement of respondent is not or may not be necessary OR ALLOW-
ABLE;
(f) make restitution or perform services for the public good pursuant
to section 353.6, provided the respondent is over [ten] TWELVE years of
age;
(h) comply with such other reasonable conditions as the court shall
determine to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition or to prevent placement with the
commissioner of social services or the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES.
S 23-a. Subdivision 3 of section 353.2 of the family court act, as
added by chapter 920 of the laws of 1982, paragraph (f) as amended by
chapter 465 of the laws of 1992, is amended to read as follows:
3. When ordering a period of probation, the court may, as a condition
of such order, further require that the respondent:
(a) meet with a probation officer when directed to do so by that offi-
cer and permit the officer to visit the respondent at home or elsewhere;
(b) permit the probation officer to obtain information from any person
or agency from whom respondent is receiving or was directed to receive
diagnosis, treatment or counseling;
(c) permit the probation officer to obtain information from the
respondent's school;
(d) co-operate with the probation officer in seeking to obtain and in
accepting employment, and supply records and reports of earnings to the
officer when requested to do so; AND
(e) obtain permission from the probation officer for any absence from
respondent's residence in excess of two weeks[; and
(f) with the consent of the division for youth, spend a specified
portion of the probation period, not exceeding one year, in a non-secure
facility provided by the division for youth pursuant to article nine-
teen-G of the executive law].
S 24. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi-
vision 4 of section 353.5 of the family court act, as amended by section
6 of subpart A of part G of chapter 57 of the laws of 2012, is amended
to read as follows:
(iii) after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that if the respondent has been placed
from a family court in a social services district operating an approved
juvenile justice services close to home initiative pursuant to section
S. 2006--A 82 A. 3006--A
four hundred four of the social services law FOR AN ACT COMMITTED WHEN
THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in
subparagraph (ii) of this paragraph are met:
(d) Upon the expiration of the initial period of placement, or any
extension thereof, the placement may be extended in accordance with
section 355.3 on a petition of any party or the office of children and
family services, or, if applicable, a social services district operating
an approved juvenile justice services close to home initiative pursuant
to section four hundred four of the social services law, after a dispo-
sitional hearing, for an additional period not to exceed twelve months,
but no initial placement or extension of placement under this section
may continue beyond the respondent's twenty-first birthday, OR, FOR AN
ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR
OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
S 25. Paragraph (d) of subdivision 4 of section 353.5 of the family
court act, as amended by chapter 398 of the laws of 1983, is amended to
read as follows:
(d) Upon the expiration of the initial period of placement, or any
extension thereof, the placement may be extended in accordance with
section 355.3 on a petition of any party or the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES after a dispositional hearing,
for an additional period not to exceed twelve months, but no initial
placement or extension of placement under this section may continue
beyond the respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS
COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR OLDER, THE
RESPONDENT'S TWENTY-THIRD BIRTHDAY.
S 26. The opening paragraph of subdivision 1 of section 353.6 of the
family court act, as amended by chapter 877 of the laws of 1983, is
amended to read as follows:
At the conclusion of the dispositional hearing in cases involving
respondents over [ten] TWELVE years of age the court may:
S 27. Section 354.1 of the family court act, as added by chapter 920
of the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645
of the laws of 1996, subdivisions 4 and 5 as amended by chapter 398 of
the laws of 1983, is amended to read as follows:
S 354.1. Retention and destruction of fingerprints of persons alleged
to be juvenile delinquents. 1. If a person whose fingerprints, palm-
prints or photographs were taken pursuant to section 306.1 or was
initially fingerprinted as a juvenile offender and the action is subse-
quently removed to a family court pursuant to article seven hundred
twenty-five of the criminal procedure law is adjudicated to be a juve-
nile delinquent for a felony, the family court shall forward or cause to
be forwarded to the division of criminal justice services notification
of such adjudication and such related information as may be required by
such division, provided, however, in the case of a person eleven [or
twelve] years of age such notification shall be provided only if the act
upon which the adjudication is based would constitute a class [A or B]
A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
CATION SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
2. If a person whose fingerprints, palmprints or photographs were
taken pursuant to section 306.1 or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal procedure
law has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency for a felony, but in
S. 2006--A 83 A. 3006--A
the case of acts committed when such person was eleven [or twelve] years
of age which would constitute a class [A or B] A-1 felony only, OR, IN
THE CASE OF ACTS COMMITTED WHEN SUCH PERSON WAS TWELVE YEARS OF AGE
WHICH WOULD CONSTITUTE A CLASS A OR B FELONY ONLY, all such finger-
prints, palmprints, photographs, and copies thereof, and all information
relating to such allegations obtained by the division of criminal
justice services pursuant to section 306.1 shall be destroyed forthwith.
The clerk of the court shall notify the commissioner of the division of
criminal justice services and the heads of all police departments and
law enforcement agencies having copies of such records, who shall
destroy such records without unnecessary delay.
3. If the appropriate presentment agency does not originate a proceed-
ing under section 310.1 for a case in which the potential respondent's
fingerprints were taken pursuant to section 306.1, the presentment agen-
cy shall serve a certification of such action upon the division of crim-
inal justice services, and upon the appropriate police department or law
enforcement agency.
4. If, following the taking into custody of a person alleged to be a
juvenile delinquent and the taking and forwarding to the division of
criminal justice services of such person's fingerprints but prior to
referral to the probation department or to the family court, an officer
or agency, elects not to proceed further, such officer or agency shall
serve a certification of such election upon the division of criminal
justice services.
5. Upon certification pursuant to subdivision twelve of section 308.1
or subdivision three or four of this section, the department or agency
shall destroy forthwith all fingerprints, palmprints, photographs, and
copies thereof, and all other information obtained in the case pursuant
to section 306.1. Upon receipt of such certification, the division of
criminal justice services and all police departments and law enforcement
agencies having copies of such records shall destroy them.
6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly adjudicated a juvenile delinquent for a felony, but in the case of
acts committed when such a person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently convicted of a
crime, all fingerprints and related information obtained by the division
of criminal justice services pursuant to such section and not destroyed
pursuant to subdivisions two, five and seven or subdivision twelve of
section 308.1 shall become part of such division's permanent adult crim-
inal record for that person, notwithstanding section 381.2 or 381.3.
7. When a person fingerprinted pursuant to section 306.1 and subse-
quently adjudicated a juvenile delinquent for a felony, but in the case
of acts committed when such person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
has been discharged from placement under this act for at least three
years, whichever occurs later, and has no criminal convictions or pend-
ing criminal actions which ultimately terminate in a criminal
conviction, all fingerprints, palmprints, photographs, and related
information and copies thereof obtained pursuant to section 306.1 in the
possession of the division of criminal justice services, any police
department, law enforcement agency or any other agency shall be
destroyed forthwith. The division of criminal justice services shall
S. 2006--A 84 A. 3006--A
notify the agency or agencies which forwarded fingerprints to such divi-
sion pursuant to section 306.1 of their obligation to destroy those
records in their possession. In the case of a pending criminal action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.
S 28. Subdivisions 1 and 6 of section 355.3 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
6 as amended by chapter 663 of the laws of 1985, are amended to read as
follows:
1. In any case in which the respondent has been placed pursuant to
section 353.3 the respondent, the person with whom the respondent has
been placed, the commissioner of social services, or the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to
extend such placement. Such petition shall be filed at least sixty days
prior to the expiration of the period of placement, except for good
cause shown but in no event shall such petition be filed after the
original expiration date.
6. Successive extensions of placement under this section may be grant-
ed, but no placement may be made or continued beyond the respondent's
eighteenth birthday without the child's consent FOR ACTS COMMITTED
BEFORE THE RESPONDENT'S SIXTEENTH BIRTHDAY and in no event past the
child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
OF SECTION 353.5.
S 29. Subdivision 5 of section 355.4 of the family court act, as added
by chapter 479 of the laws of 1992, is amended to read as follows:
5. Nothing in this section shall: REQUIRE THAT CONSENT BE OBTAINED
FROM THE YOUTH'S PARENT OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR
MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR THE
YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude
a youth from consenting on his or her own behalf to any medical, dental
or mental health service and treatment where otherwise authorized by law
to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF CHIL-
DREN AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning
the court pursuant to section two hundred thirty-three of this act, as
appropriate.
S 30. Paragraph (b) of subdivision 3 of section 355.5 of the family
court act, as amended by chapter 145 of the laws of 2000, is amended to
read as follows:
(b) subsequent permanency hearings shall be held no later than every
twelve months following the respondent's initial twelve months in place-
ment BUT IN NO EVENT PAST THE RESPONDENT'S TWENTY-FIRST BIRTHDAY;
provided, however, that they shall be held in conjunction with an exten-
sion of placement hearing held pursuant to section 355.3 of this [arti-
cle] PART.
S 31. Subdivisions 2 and 6 of section 360.3 of the family court act,
as added by chapter 920 of the laws of 1982, are amended to read as
follows:
2. At the time of his first appearance following the filing of a peti-
tion of violation the court must: (a) advise the respondent of the
contents of the petition and furnish him with a copy thereof; (b) deter-
mine whether the respondent should be released or detained pursuant to
section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE A
RESPONDENT TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT
CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES
(I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFE-
TY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
S. 2006--A 85 A. 3006--A
RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT
SUCCESS; and (c) ask the respondent whether he wishes to make any state-
ment with respect to the violation. If the respondent makes a statement,
the court may accept it and base its decision thereon; the provisions of
subdivision two of section 321.3 shall apply in determining whether a
statement should be accepted. If the court does not accept such state-
ment or if the respondent does not make a statement, the court shall
proceed with the hearing. Upon request, the court shall grant a reason-
able adjournment to the respondent to enable him to prepare for the
hearing.
6. At the conclusion of the hearing the court may revoke, continue or
modify the order of probation or conditional discharge. If the court
revokes the order, it shall order a different disposition pursuant to
section 352.2, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
THE PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT WOULD
NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT
SUCCESS. If the court continues the order of probation or conditional
discharge, it shall dismiss the petition of violation.
S 32. Section 712 of the family court act, as amended by chapter 920
of the laws of 1982, subdivision (a) as amended by section 7 of part G
of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
465 of the laws of 1992, subdivision (g) as amended by section 2 of part
B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter
7 of the laws of 1999, subdivision (i) as amended and subdivisions (j),
(k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended
to read as follows:
S 712. Definitions. As used in this article, the following terms shall
have the following meanings:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is incorrigi-
ble, ungovernable or habitually disobedient and beyond the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority, or who violates the provisions of
section 221.05 or 230.00 of the penal law, or who appears to be a sexu-
ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
sion one of section four hundred forty-seven-a of the social services
law, but only if the child consents to the filing of a petition under
this article.
(b) ["Detention". The temporary care and maintenance of children away
from their own homes as defined in section five hundred two of the exec-
utive law.
(c) "Secure detention facility". A facility characterized by phys-
ically restricting construction, hardware and procedures.
(d) "Non-secure detention facility". A facility characterized by the
absence of physically restricting construction, hardware and procedures.
(e)] "Fact-finding hearing". A hearing to determine whether the
respondent did the acts alleged to show that he OR SHE violated a law or
S. 2006--A 86 A. 3006--A
is incorrigible, ungovernable or habitually disobedient and beyond the
control of his OR HER parents, guardian or legal custodian.
[(f)] (C) "Dispositional hearing". A hearing to determine whether the
respondent requires supervision or treatment.
[(g)] (D) "Aggravated circumstances". Aggravated circumstances shall
have the same meaning as the definition of such term in subdivision (j)
of section one thousand twelve of this act.
[(h)] (E) "Permanency hearing". A hearing held in accordance with
paragraph (b) of subdivision two of section seven hundred fifty-four or
section seven hundred fifty-six-a of this article for the purpose of
reviewing the foster care status of the respondent and the appropriate-
ness of the permanency plan developed by the social services official on
behalf of such respondent.
[(i)] (F) "Diversion services". Services provided to children and
families pursuant to section seven hundred thirty-five of this article
for the purpose of avoiding the need to file a petition [or direct the
detention of the child]. Diversion services shall include: efforts to
adjust cases pursuant to this article before a petition is filed, or by
order of the court, after the petition is filed but before fact-finding
is commenced; and preventive services provided in accordance with
section four hundred nine-a of the social services law to avert the
placement of the child [into foster care], including crisis intervention
and respite services. Diversion services may also include, in cases
where any person is seeking to file a petition that alleges that the
child has a substance use disorder or is in need of immediate detoxifi-
cation or substance use disorder services, an assessment for substance
use disorder; provided, however, that notwithstanding any other
provision of law to the contrary, the designated lead agency shall not
be required to pay for all or any portion of the costs of such assess-
ment or substance use disorder or detoxification services, except in
cases where medical assistance for needy persons may be used to pay for
all or any portion of the costs of such assessment or services.
[(j)] (G) "Substance use disorder". The misuse of, dependence on, or
addiction to alcohol and/or legal or illegal drugs leading to effects
that are detrimental to the person's physical and mental health or the
welfare of others.
[(k)] (H) "Assessment for substance use disorder". Assessment by a
provider that has been certified by the office of alcoholism and
substance abuse services of a person less than eighteen years of age
where it is alleged that the youth is suffering from a substance use
disorder which could make a youth a danger to himself or herself or
others.
[(l)] (I) "A substance use disorder which could make a youth a danger
to himself or herself or others". A substance use disorder that is
accompanied by the dependence on, or the repeated use or abuse of, drugs
or alcohol to the point of intoxication such that the person is in need
of immediate detoxification or other substance use disorder services.
[(m)] (J) "Substance use disorder services". Substance use disorder
services shall have the same meaning as provided for in section 1.03 of
the mental hygiene law.
S 33. The part heading of part 2 of article 7 of the family court act
is amended to read as follows:
CUSTODY [AND DETENTION]
S 34. Section 720 of the family court act, as amended by chapter 419
of the laws of 1987, subdivision 3 as amended by section 9 of subpart B
of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
S. 2006--A 87 A. 3006--A
section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
of subdivision 5 as added by section 8 of part G of chapter 58 of the
laws of 2010, is added to read as follows:
S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE
DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER-
WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom
the provisions of this article may apply, shall be detained in any pris-
on, jail, lockup, or other place used for adults convicted of crime or
under arrest and charged with a crime.
[2. The detention of a child in a secure detention facility shall not
be directed under any of the provisions of this article.
3. Detention of a person alleged to be or adjudicated as a person in
need of supervision shall, except as provided in subdivision four of
this section, be authorized only in a foster care program certified by
the office of children and family services, or a certified or approved
family boarding home, or a non-secure detention facility certified by
the office and in accordance with section seven hundred thirty-nine of
this article. The setting of the detention shall take into account (a)
the proximity to the community in which the person alleged to be or
adjudicated as a person in need of supervision lives with such person's
parents or to which such person will be discharged, and (b) the existing
educational setting of such person and the proximity of such setting to
the location of the detention setting.
4. Whenever detention is authorized and ordered pursuant to this arti-
cle, for a person alleged to be or adjudicated as a person in need of
supervision, a family court in a city having a population of one million
or more shall, notwithstanding any other provision of law, direct
detention in a foster care facility established and maintained pursuant
to the social services law. In all other respects, the detention of such
a person in a foster care facility shall be subject to the identical
terms and conditions for detention as are set forth in this article and
in section two hundred thirty-five of this act.
5. (a) The court shall not order or direct detention under this arti-
cle, unless the court determines that there is no substantial likelihood
that the youth and his or her family will continue to benefit from
diversion services and that all available alternatives to detention have
been exhausted; and
(b) Where the youth is sixteen years of age or older, the court shall
not order or direct detention under this article, unless the court
determines and states in its order that special circumstances exist to
warrant such detention.
(c) If the respondent may be a sexually exploited child as defined in
subdivision one of section four hundred forty-seven-a of the social
services law, the court may direct the respondent to an available short-
term safe house as defined in subdivision two of section four hundred
forty-seven-a of the social services law as an alternative to
detention.]
S 35. Section 727 of the family court act is REPEALED.
S 36. Section 728 of the family court act, subdivision (a) as amended
by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
419 of the laws of 1987, subdivision (d) as added by chapter 145 of the
laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision
(d) as renumbered by section 5 of part E of chapter 57 of the laws of
2005, and paragraph (iii) as amended and paragraph (iv) of subdivision
(d) as added by section 10 of subpart B of part Q of chapter 58 of the
laws of 2011, is amended to read as follows:
S. 2006--A 88 A. 3006--A
S 728. Discharge[,] OR release [or detention] by judge after hearing
and before filing of petition in custody cases. (a) If a child in
custody is brought before a judge of the family court before a petition
is filed, the judge shall hold a hearing for the purpose of making a
preliminary determination of whether the court appears to have jurisdic-
tion over the child. At the commencement of the hearing, the judge shall
advise the child of his or her right to remain silent, his or her right
to be represented by counsel of his or her own choosing, and of the
right to have an attorney assigned in accord with part four of article
two of this act. The judge must also allow the child a reasonable time
to send for his or her parents or other person or persons legally
responsible for his or her care, and for counsel, and adjourn the hear-
ing for that purpose.
(b) After hearing, the judge shall order the release of the child to
the custody of his parent or other person legally responsible for his
care if the court does not appear to have jurisdiction.
(c) An order of release under this section may, but need not, be
conditioned upon the giving of a recognizance in accord with [sections]
SECTION seven hundred twenty-four (b) (i).
[(d) Upon a finding of facts and reasons which support a detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
(i) that there is no substantial likelihood that the youth and his or
her family will continue to benefit from diversion services and that all
available alternatives to detention have been exhausted; and
(ii) whether continuation of the child in the child's home would be
contrary to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the time of the
hearing held in accordance with this section; and
(iii) where appropriate, whether reasonable efforts were made prior to
the date of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his or her
home or, if the child had been removed from his or her home prior to the
court appearance pursuant to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
(iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or adjudicated
as a person in need of supervision lives with such person's parents or
to which such person will be discharged, and the existing educational
setting of such person and the proximity of such setting to the location
of the detention setting.]
S 37. Section 729 of the family court act is REPEALED.
S 38. Section 735 of the family court act, as added by section 7 of
part E of chapter 57 of the laws of 2005, subdivision (b) as amended by
chapter 38 of the laws of 2014, and paragraph (i) of subdivision (d) as
amended by chapter 535 of the laws of 2011, is amended to read as
follows:
S 735. Preliminary procedure; diversion services. (a) Each county and
any city having a population of one million or more shall offer diver-
sion services as defined in section seven hundred twelve of this article
to youth who are at risk of being the subject of a person in need of
supervision petition. Such services shall be designed to provide an
immediate response to families in crisis[, to identify and utilize
appropriate alternatives to detention] and to divert youth from being
the subject of a petition in family court. Each county and such city
S. 2006--A 89 A. 3006--A
shall designate either the local social services district or the
probation department as lead agency for the purposes of providing diver-
sion services.
(b) The designated lead agency shall:
(i) confer with any person seeking to file a petition, the youth who
may be a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and
(ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth [into foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE; and
(iii) assess whether the youth would benefit from residential respite
services; and
(iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
(V) determine whether [alternatives to detention are appropriate to
avoid remand of the youth to detention] THE YOUTH AND HIS OR HER FAMILY
SHOULD BE REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; and
[(v)] (VI) determine whether an assessment of the youth for substance
use disorder by an office of alcoholism and substance abuse services
certified provider is necessary when a person seeking to file a petition
alleges in such petition that the youth is suffering from a substance
use disorder which could make the youth a danger to himself or herself
or others. Provided, however, that notwithstanding any other provision
of law to the contrary, the designated lead agency shall not be required
to pay for all or any portion of the costs of such assessment or for any
substance use disorder or detoxification services, except in cases where
medical assistance for needy persons may be used to pay for all or any
portion of the costs of such assessment or services. The office of alco-
holism and substance abuse services shall make a list of its certified
providers available to the designated lead agency.
(c) Any person or agency seeking to file a petition pursuant to this
article which does not have attached thereto the documentation required
by subdivision (g) of this section shall be referred by the clerk of the
court to the designated lead agency which shall schedule and hold, on
reasonable notice to the potential petitioner, the youth and his or her
parent or other person legally responsible for his or her care, at least
one conference in order to determine the factual circumstances and
determine whether the youth and his or her family should receive diver-
sion services pursuant to this section. Diversion services shall include
clearly documented diligent attempts to provide appropriate services to
the youth and his or her family unless it is determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further diversion attempts. Notwithstanding the provisions of
section two hundred sixteen-c of this act, the clerk shall not accept
for filing under this part any petition that does not have attached
thereto the documentation required by subdivision (g) of this section.
(d) Diversion services shall include documented diligent attempts to
engage the youth and his or her family in appropriately targeted commu-
nity-based services, but shall not be limited to:
(i) providing, at the first contact, information on the availability
of or a referral to services in the geographic area where the youth and
his or her family are located that may be of benefit in avoiding the
need to file a petition under this article; including the availability,
S. 2006--A 90 A. 3006--A
for up to twenty-one days, of a residential respite program, if the
youth and his or her parent or other person legally responsible for his
or her care agree, and the availability of other non-residential crisis
intervention programs such as A FAMILY SUPPORT CENTER, family crisis
counseling or alternative dispute resolution programs or an educational
program as defined in section four hundred fifty-eight-l of the social
services law.
(ii) scheduling and holding at least one conference with the youth and
his or her family and the person or representatives of the entity seek-
ing to file a petition under this article concerning alternatives to
filing a petition and services that are available. Diversion services
shall include clearly documented diligent attempts to provide appropri-
ate services to the youth and his or her family before it may be deter-
mined that there is no substantial likelihood that the youth and his or
her family will benefit from further attempts.
(iii) where the entity seeking to file a petition is a school district
or local educational agency, the designated lead agency shall review the
steps taken by the school district or local educational agency to
improve the youth's attendance and/or conduct in school and attempt to
engage the school district or local educational agency in further diver-
sion attempts, if it appears from review that such attempts will be
beneficial to the youth.
(e) The designated lead agency shall maintain a written record with
respect to each youth and his or her family for whom it considers
providing or provides diversion services pursuant to this section. The
record shall be made available to the court at or prior to the initial
appearance of the youth in any proceeding initiated pursuant to this
article.
(f) Efforts to prevent the filing of a petition pursuant to this
section may extend until the designated lead agency determines that
there is no substantial likelihood that the youth and his or her family
will benefit from further attempts. Efforts at diversion pursuant to
this section may continue after the filing of a petition where the
designated lead agency determines that the youth and his or her family
will benefit from further attempts to prevent PLACEMENT OF the youth
[from entering foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE.
(g) (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall indicate in such notice whether
efforts were successful. The notice shall also detail the diligent
attempts made to divert the case if a determination has been made that
there is no substantial likelihood that the youth will benefit from
further attempts. No persons in need of supervision petition may be
filed pursuant to this article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual allegations.
No petition may be filed pursuant to this article by the parent or other
person legally responsible for the youth where diversion services have
been terminated because of the failure of the parent or other person
legally responsible for the youth to consent to or actively participate.
(ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:
S. 2006--A 91 A. 3006--A
(A) if the potential petitioner is the parent or other person legally
responsible for the youth, a notice from the designated lead agency
indicating there is no bar to the filing of the petition as the poten-
tial petitioner consented to and actively participated in diversion
services; and
(B) a notice from the designated lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that the case has not been successfully
diverted.
(h) No statement made to the designated lead agency or to any agency
or organization to which the potential respondent, prior to the filing
of the petition, or if the petition has been filed, prior to the time
the respondent has been notified that attempts at diversion will not be
made or have been terminated, or prior to the commencement of a fact-
finding hearing if attempts at diversion have not terminated previously,
may be admitted into evidence at a fact-finding hearing or, if the
proceeding is transferred to a criminal court, at any time prior to a
conviction.
S 39. Section 739 of the family court act, as amended by chapter 920
of the laws of 1982, subdivision (a) as amended by section 10 of part G
of chapter 58 of the laws of 2010, subdivision (c) as added by chapter
145 of the laws of 2000, is amended to read as follows:
S 739. Release or [detention] REFERRAL after filing of petition and
prior to order of disposition. [(a)] After the filing of a petition
under section seven hundred thirty-two of this part, the court in its
discretion may release the respondent [or direct his or her detention].
If the respondent may be a sexually exploited child as defined in subdi-
vision one of section four hundred forty-seven-a of the social services
law, the court may direct the respondent to an available short-term safe
house [as an alternative to detention. However, the court shall not
direct detention unless it finds and states the facts and reasons for so
finding that unless the respondent is detained there is a substantial
probability that the respondent will not appear in court on the return
date and all available alternatives to detention have been exhausted.
(b) Unless the respondent waives a determination that probable cause
exists to believe that he is a person in need of supervision, no
detention under this section may last more than three days (i) unless
the court finds, pursuant to the evidentiary standards applicable to a
hearing on a felony complaint in a criminal court, that such probable
cause exists, or (ii) unless special circumstances exist, in which cases
such detention may be extended not more than an additional three days
exclusive of Saturdays, Sundays and public holidays.
(c) Upon a finding of facts and reasons which support a detention
order pursuant to subdivision (a) of this section, the court shall also
determine and state in any order directing detention:
(i) whether continuation of the respondent in the respondent's home
would be contrary to the best interests of the respondent based upon,
and limited to, the facts and circumstance available to the court at the
time of the court's determination in accordance with this section; and
(ii) where appropriate, whether reasonable efforts were made prior to
the date of the court order directing detention in accordance with this
section, to prevent or eliminate the need for removal of the respondent
from his or her home or, if the respondent had been removed from his or
her home prior to the court appearance pursuant to this section, where
S. 2006--A 92 A. 3006--A
appropriate, whether reasonable efforts were made to make it possible
for the respondent to safely return home].
S 40. Section 741-a of the family court act, as amended by section 3
of part B of chapter 327 of the laws of 2007, is amended to read as
follows:
S 741-a. Notice and right to be heard. The foster parent caring for
[the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION
SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any pre-adoptive parent or
relative providing care for the respondent shall be provided with notice
of any permanency hearing held pursuant to this article by the social
services official. Such foster parent, pre-adoptive parent or relative
shall have the right to be heard at any such hearing; provided, however,
no such foster parent, pre-adoptive parent or relative shall be
construed to be a party to the hearing solely on the basis of such
notice and right to be heard. The failure of the foster parent, pre-a-
doptive parent, or relative caring for the child to appear at a perman-
ency hearing shall constitute a waiver of the right to be heard and such
failure to appear shall not cause a delay of the permanency hearing nor
shall such failure to appear be a ground for the invalidation of any
order issued by the court pursuant to this section.
S 41. Section 747 of the family court act is REPEALED.
S 42. Section 748 of the family court act is REPEALED.
S 43. Subdivision (b) of section 749 of the family court act, as
amended by chapter 806 of the laws of 1973, is amended to read as
follows:
(b) On its own motion, the court may adjourn the proceedings on
conclusion of a fact-finding hearing or during a dispositional hearing
to enable it to make inquiry into the surroundings, conditions and
capacities of the respondent. An [adjournment on the court's motion may
not be for a period of more than ten days if the respondent is detained,
in which case not more than a total of two such adjournments may be
granted in the absence of special circumstances. If the respondent is
not detained, an] adjournment may be for a reasonable time, but the
total number of adjourned days may not exceed two months.
S 44. Paragraph (a) of subdivision 2 of section 754 of the family
court act, as amended by chapter 7 of the laws of 1999, is amended to
read as follows:
(a) The order shall state the court's reasons for the particular
disposition. If the court places the child in accordance with section
seven hundred fifty-six of this part, the court in its order shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able efforts were made prior to the date of the dispositional hearing
held pursuant to this article to prevent or eliminate the need for
removal of the child from his or her home and, if the child was removed
from his or her home prior to the date of such hearing, that such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly home. If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that the lack of such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii) in the
case of a child who has attained the age of sixteen, the services need-
ed, if any, to assist the child to make the transition from foster care
to independent living. [Nothing in this subdivision shall be construed
S. 2006--A 93 A. 3006--A
to modify the standards for directing detention set forth in section
seven hundred thirty-nine of this article.]
S 45. Section 756 of the family court act, as amended by chapter 920
of the laws of 1982, paragraph (i) of subdivision (a) as amended by
chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
of subdivision (a) as amended by section 11 of part G of chapter 58 of
the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
1999, and subdivision (c) as amended by section 10 of part E of chapter
57 of the laws of 2005, is amended to read as follows:
S 756. Placement. (a) (i) For purposes of section seven hundred
fifty-four, the court may place the child in its own home or in the
custody of a suitable relative or other suitable private person [or a
commissioner of social services], subject to the orders of the court.
(ii) [Where the child is placed] IF THE COURT FINDS THAT THE RESPOND-
ENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF
SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
MAY PLACE THE CHILD with the commissioner of the local social services
district[, the court] AND may direct the commissioner to place the child
with an authorized agency or class of authorized agencies, including[,
if the court finds that the respondent is a sexually exploited child as
defined in subdivision one of section four hundred forty-seven-a of the
social services law,] an available long-term safe house. Unless the
dispositional order provides otherwise, the court so directing shall
include one of the following alternatives to apply in the event that the
commissioner is unable to so place the child:
(1) the commissioner shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to the provisions
of section seven hundred sixty-two or seven hundred sixty-three; or
(2) the commissioner shall return the child to the family court for a
new dispositional hearing and order.
(b) Placements under this section may be for an initial period of
twelve months. The court may extend a placement pursuant to section
seven hundred fifty-six-a. In its discretion, the court may recommend
restitution or require services for public good pursuant to section
seven hundred fifty-eight-a in conjunction with an order of placement.
For the purposes of calculating the initial period of placement, such
placement shall be deemed to have commenced sixty days after the date
the child was removed from his or her home in accordance with the
provisions of this article. [If the respondent has been in detention
pending disposition, the initial period of placement ordered under this
section shall be credited with and diminished by the amount of time
spent by the respondent in detention prior to the commencement of the
placement unless the court finds that all or part of such credit would
not serve the best interests of the respondent.
(c) A placement pursuant to this section with the commissioner of
social services shall not be directed in any detention facility, but the
court may direct detention pending transfer to a placement authorized
and ordered under this section for no more than than fifteen days after
such order of placement is made. Such direction shall be subject to
extension pursuant to subdivision three of section three hundred nine-
ty-eight of the social services law, upon written documentation to the
office of children and family services that the youth is in need of
specialized treatment or placement and the diligent efforts by the
commissioner of social services to locate an appropriate placement.]
S 46. Section 758-a of the family court act, as amended by chapter 73
of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws
S. 2006--A 94 A. 3006--A
of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
laws of 2007, subdivision 2 as amended by chapter 309 of the laws of
1996, and subdivision 3 as separately amended by chapter 568 of the laws
of 1979, is amended to amended to read as follows:
S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the
court may
(a) recommend as a condition of placement, or order as a condition of
probation or suspended judgment, restitution in an amount representing a
fair and reasonable cost to replace the property or repair the damage
caused by the [infant] CHILD, not, however, to exceed one thousand
dollars. [In the case of a placement, the court may recommend that the
infant pay out of his or her own funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic payments in
amounts set by the agency with which he is placed, and in the case of
probation or suspended judgment, the] THE court may require that the
[infant] CHILD pay out of his or her own funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic payments in
amounts set by the court; and/or
(b) order as a condition of placement, probation, or suspended judg-
ment, services for the public good including in the case of a crime
involving willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for the mainte-
nance and repair thereof, taking into consideration the age and physical
condition of the [infant] CHILD.
2. [If the court recommends restitution or requires services for the
public good in conjunction with an order of placement pursuant to
section seven hundred fifty-six, the placement shall be made only to an
authorized agency which has adopted rules and regulations for the super-
vision of such a program, which rules and regulations shall be subject
to the approval of the state department of social services. Such rules
and regulations shall include, but not be limited to provisions (i)
assuring that the conditions of work, including wages, meet the stand-
ards therefor prescribed pursuant to the labor law; (ii) affording
coverage to the child under the workers' compensation law as an employee
of such agency, department or institution; (iii) assuring that the enti-
ty receiving such services shall not utilize the same to replace its
regular employees; and (iv) providing for reports to the court not less
frequently than every six months, unless the order provides otherwise.
3.] If the court requires restitution or services for the public good
[as a condition of probation or suspended judgment], it shall provide
that an agency or person supervise the restitution or services and that
such agency or person report to the court not less frequently than every
six months, unless the order provides otherwise. Upon the written notice
sent by a school district to the court and the appropriate probation
department or agency which submits probation recommendations or reports
to the court, the court may provide that such school district shall
supervise the performance of services for the public good.
[4.] 3. The court, upon receipt of the reports provided for in subdi-
vision two [or three] of this section may, on its own motion or the
motion of any party or the agency, hold a hearing to determine whether
the [placement] CONDITION should be altered or modified.
S 47. Section 774 of the family court act is amended to read as
follows:
S. 2006--A 95 A. 3006--A
S 774. Action on petition for transfer. On receiving a petition under
section seven hundred seventy-three, the court may proceed under
sections seven hundred thirty-seven, seven hundred thirty-eight or seven
hundred thirty-nine with respect to the issuance of a summons or warrant
[and sections seven hundred twenty-seven and seven hundred twenty-nine
govern questions of detention and failure to comply with a promise to
appear]. Due notice of the petition and a copy of the petition shall
also be served personally or by mail upon the office of the locality
chargeable for the support of the person involved and upon the person
involved and his OR HER parents and other persons.
S 48. Section 153-k of the social services law is amended by adding a
new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT
SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES MADE BY
SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE
FOR SUCH PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE SERVICES, INDE-
PENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED TO YOUTH AGE
SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE
HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A CHAPTER OF
THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE
JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
S 49. Subdivisions 5 and 6 of section 371 of the social services law,
subdivision 5 as added by chapter 690 of the laws of 1962, and subdivi-
sion 6 as amended by chapter 596 of the laws of 2000, are amended to
read as follows:
5. "Juvenile delinquent" means a person [over seven and less than
sixteen years of age who does any act which, if done by an adult, would
constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
6. "Person in need of supervision" means a person [less than eighteen
years of age who is habitually truant or who is incorrigible, ungoverna-
ble or habitually disobedient and beyond the lawful control of a parent
or other person legally responsible for such child's care, or other
lawful authority] AS DEFINED IN SECTION SEVEN HUNDRED TWELVE OF THE
FAMILY COURT ACT.
S 50. Article 6 of the social services law is amended by adding a new
title 12 to read as follows:
TITLE 12
FAMILY SUPPORT CENTERS
SECTION 458-M. FAMILY SUPPORT CENTERS.
458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
"FAMILY SUPPORT CENTER" SHALL MEAN A PROGRAM ESTABLISHED PURSUANT TO
THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO CHILDREN
AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING ADJUDICATED
A PERSON IN NEED OF SUPERVISION UNDER ARTICLE SEVEN OF THE FAMILY COURT
ACT.
2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
(A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
(B) CRISIS INTERVENTION;
(C) FAMILY MEDIATION AND SKILLS BUILDING;
(D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER-
VENTIONS;
(E) CASE MANAGEMENT;
S. 2006--A 96 A. 3006--A
(F) RESPITE SERVICES; AND
(G) OTHER FAMILY SUPPORT SERVICES.
3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL BE
TRAUMA SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
UALIZED NEEDS OF THE CHILD AND FAMILY BASED ON THE ASSESSMENTS AND
SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE
AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS
TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT
CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC
PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN
DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS
SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE
NOT NECESSARILY LIMITED TO:
(A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING
REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN
SECTION 458-M OF THIS TITLE;
(B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY
INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
(I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT TO PREVENT OR
REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE
SEVEN OF THE FAMILY COURT ACT;
(II) RELATIVE TO THE YOUTH POPULATION OF SUCH SOCIAL SERVICES
DISTRICT:
(1) THE NUMBER OF PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE
FAMILY COURT ACT; OR
(2) THE NUMBER OF PLACEMENTS OF YOUTH INTO RESIDENTIAL CARE OR
DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
(C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT
TO SUBDIVISION THREE OF THIS SECTION FOR PROGRAMS THAT PREVIOUSLY
RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
(D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.
3. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
RECEIVES FUNDING UNDER THIS TITLE.
S 51. Subdivisions 3, 3-a, 11 and 12 of section 398 of the social
services law, subdivision 3 as amended by chapter 419 of the laws of
1987, paragraph (c) of subdivision 3 as amended by section 19 of part E
of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
as added by chapter 514 of the laws of 1976 and subdivision 12 as
amended by section 12 of subpart B of part Q of chapter 58 of the laws
of 2011, are amended to read as follows:
3. As to delinquent children [and persons in need of supervision]:
(a) Investigate complaints as to alleged delinquency of a child.
(b) Bring such case of alleged delinquency when necessary before the
family court.
S. 2006--A 97 A. 3006--A
(c) Receive within fifteen days from the order of placement as a
public charge any delinquent child committed or placed [or person in
need of supervision placed] in his or her care by the family court
provided, however, that the commissioner of the social services district
with whom the child is placed may apply to the state commissioner or his
or her designee for approval of an additional fifteen days, upon written
documentation to the office of children and family services that the
youth is in need of specialized treatment or placement and the diligent
efforts by the commissioner of social services to locate an appropriate
placement.
[3-a. As to delinquent children:
(a)] (D) (1) Conditionally release any juvenile delinquent placed with
the district to aftercare whenever the district determines conditional
release to be consistent with the needs and best interests of such juve-
nile delinquent, that suitable care and supervision can be provided, and
that there is a reasonable probability that such juvenile delinquent can
be conditionally released without endangering public safety; provided,
however, that such conditional release shall be made in accordance with
the regulations of the office of children and family services, and
provided further that no juvenile delinquent while absent from a facili-
ty or program without the consent of the director of such facility or
program shall be conditionally released by the district solely by reason
of the absence.
(2) It shall be a condition of such release that a juvenile delinquent
so released shall continue to be the responsibility of the social
services district for the period provided in the order of placement.
(3) The social services district may provide clothing, services and
other necessities for any conditionally released juvenile delinquent, as
may be required, including medical care and services not provided to
such juvenile delinquent as medical assistance for needy persons pursu-
ant to title eleven of article five of this chapter.
(4) The social services district, pursuant to the regulations of the
office of children and family services, may cause a juvenile delinquent
to be returned to a facility operated and maintained by the district, or
an authorized agency under contract with the district, at any time with-
in the period of placement, where there is a violation of the conditions
of release or a change of circumstances.
(5) Juvenile delinquents conditionally released by a social services
district may be provided for as follows:
(i) If, in the opinion of the social services district, there is no
suitable parent, relative or guardian to whom a juvenile delinquent can
be conditionally released, and suitable care cannot otherwise be
secured, the district may conditionally release such juvenile delinquent
to the care of any other suitable person; provided that where such suit-
able person has no legal relationship with the juvenile, the district
shall advise such person of the procedures for obtaining custody or
guardianship of the juvenile.
(ii) If a conditionally released juvenile delinquent is subject to
article sixty-five of the education law or elects to participate in an
educational program leading to a high school diploma, he or she shall be
enrolled in a school or educational program leading to a high school
diploma following release, or, if such release occurs during the summer
recess, upon the commencement of the next school term. If a condi-
tionally released juvenile delinquent is not subject to article sixty-
five of the education law, and does not elect to participate in an
educational program leading to a high school diploma, steps shall be
S. 2006--A 98 A. 3006--A
taken, to the extent possible, to facilitate his or her gainful employ-
ment or enrollment in a vocational program following release.
[(b)] (E) When a juvenile delinquent placed with the social services
district is absent from placement without consent, such absence shall
interrupt the calculation of time for his or her placement. Such inter-
ruption shall continue until such juvenile delinquent returns to the
facility or authorized agency in which he or she was placed. Provided,
however, that any time spent by a juvenile delinquent in custody from
the date of absence to the date placement resumes shall be credited
against the time of such placement provided that such custody:
(1) was due to an arrest or surrender based upon the absence; or
(2) arose from an arrest or surrender on another charge which did not
culminate in a conviction, adjudication or adjustment.
[(c)] (F) In addition to the other requirements of this section, no
juvenile delinquent placed with a social services district operating an
approved juvenile justice services close to home initiative pursuant to
section four hundred four of this chapter pursuant to a restrictive
placement under the family court act shall be released except pursuant
to section 353.5 of the family court act.
11. In the case of a child who is adjudicated [a person in need of
supervision or] a juvenile delinquent and is placed by the family court
with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
who is placed by [the division for youth] SUCH OFFICE with an authorized
agency pursuant to court order, the social services official shall make
expenditures in accordance with the regulations of the department for
the care and maintenance of such child during the term of such placement
subject to state reimbursement pursuant to SECTION ONE HUNDRED
FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law
in applicable cases].
12. A social services official shall be permitted to place persons
adjudicated [in need of supervision or] delinquent[, and alleged persons
to be in need of supervision] in detention pending transfer to a place-
ment, in the same foster care facilities as are providing care to desti-
tute, neglected, abused or abandoned children. Such foster care facili-
ties shall not provide care to a youth in the care of a social services
official as a convicted juvenile offender.
S 52. Subdivision 8 of section 404 of the social services law, as
added by section 1 of subpart A of part G of chapter 57 of the laws of
2012, is amended to read as follows:
8. (a) Notwithstanding any other provision of law to the contrary[,]
EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible
expenditures during the applicable time periods made by a social
services district for an approved juvenile justice services close to
home initiative shall, if approved by the department of family assist-
ance, be subject to reimbursement with state funds only up to the extent
of an annual appropriation made specifically therefor, after first
deducting therefrom any federal funds properly received or to be
received on account thereof; provided, however, that when such funds
have been exhausted, a social services district may receive state
reimbursement from other available state appropriations for that state
fiscal year for eligible expenditures for services that otherwise would
be reimbursable under such funding streams. Any claims submitted by a
social services district for reimbursement for a particular state fiscal
year for which the social services district does not receive state
reimbursement from the annual appropriation for the approved close to
S. 2006--A 99 A. 3006--A
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.
(i) State funding for reimbursement shall be, subject to appropri-
ation, in the following amounts: for state fiscal year 2013-14,
$35,200,000 adjusted by any changes in such amount required by subpara-
graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15,
$41,400,000 adjusted to include the amount of any changes made to the
state fiscal year 2013-14 appropriation under subparagraphs (ii) and
(iii) of this paragraph plus any additional changes required by such
subparagraphs; and, such reimbursement shall be, subject to appropri-
ation, for all subsequent state fiscal years in the amount of the prior
year's actual appropriation adjusted by any changes required by subpara-
graphs (ii) and (iii) of this paragraph.
(ii) The reimbursement amounts set forth in subparagraph (i) of this
paragraph shall be increased or decreased by the percentage that the
average of the most recently approved maximum state aid rates for group
residential foster care programs is higher or lower than the average of
the approved maximum state aid rates for group residential foster care
programs in existence immediately prior to the most recently approved
rates.
(iii) The reimbursement amounts set forth in subparagraph (i) of this
paragraph shall be increased if either the population of alleged juve-
nile delinquents who receive a probation intake or the total population
of adjudicated juvenile delinquents placed on probation combined with
the population of adjudicated juvenile delinquents placed out of their
homes in a setting other than a secure facility pursuant to section
352.2 of the family court act, increases by at least ten percent over
the respective population in the annual baseline year. The baseline year
shall be the period from July first, two thousand ten through June thir-
tieth, two thousand eleven or the most recent twelve month period for
which there is complete data, whichever is later. In each successive
year, the population of the previous July first through June thirtieth
period shall be compared to the baseline year for determining any
adjustments to a state fiscal year appropriation. When either population
increases by ten percent or more, the reimbursement will be adjusted by
a percentage equal to the larger of the percentage increase in either
the number of probation intakes for alleged juvenile delinquents or the
total population of adjudicated juvenile delinquents placed on probation
combined with the population of adjudicated juvenile delinquents placed
out of their homes in a setting other than a secure facility pursuant to
section 352.2 of the family court act.
(iv) The social services district and/or the New York city department
of probation shall provide an annual report including the data required
to calculate the population adjustment to the New York city office of
management and budget, the division of criminal justice services and the
state division of the budget no later than the first day of September
following the close of the previous July first through June thirtieth
period.
(A-1) COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF ELIGI-
BLE EXPENDITURES MADE BY A SOCIAL SERVICES DISTRICT, EXCLUSIVE OF ANY
FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR APPROVED JUVENILE
JUSTICE SERVICES UNDER AN APPROVED CLOSE TO HOME INITIATIVE PROVIDED TO
YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT
OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A
S. 2006--A 100 A. 3006--A
CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF
JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
(b) The department of family assistance is authorized, in its
discretion, to make advances to a social services district in antic-
ipation of the state reimbursement provided for in this section.
(c) A social services district shall conduct eligibility determi-
nations for federal and state funding and submit claims for reimburse-
ment in such form and manner and at such times and for such periods as
the department of family assistance shall determine.
(d) Notwithstanding any inconsistent provision of law or regulation of
the department of family assistance, state reimbursement shall not be
made for any expenditure made for the duplication of any grant or allow-
ance for any period.
(e) Claims submitted by a social services district for reimbursement
shall be paid after deducting any expenditures defrayed by fees, third
party reimbursement, and any non-tax levy funds including any donated
funds.
(f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than twenty-two months after the calendar quarter in which the expendi-
tures were made.
(g) Notwithstanding any other provision of law, the state shall not be
responsible for reimbursing a social services district and a district
shall not seek state reimbursement for any portion of any state disal-
lowance or sanction taken against the social services district, or any
federal disallowance attributable to final federal agency decisions or
to settlements made, when such disallowance or sanction results from the
failure of the social services district to comply with federal or state
requirements, including, but not limited to, failure to document eligi-
bility for the federal or state funds in the case record. To the extent
that the social services district has sufficient claims other than those
that are subject to disallowance or sanction to draw down the full annu-
al appropriation, such disallowance or sanction shall not result in a
reduction in payment of state funds to the district unless the district
requests that the department use a portion of the appropriation toward
meeting the district's responsibility to repay the federal government
for the disallowance or sanction and any related interest payments.
(h) Rates for residential services. (i) The office shall establish the
rates, in accordance with section three hundred ninety-eight-a of this
chapter, for any non-secure facilities established under an approved
juvenile justice services close to home initiative. For any such non-se-
cure facility that will be used primarily by the social services
district with an approved close to home initiative, final authority for
establishment of such rates and any adjustments thereto shall reside
with the office, but such rates and any adjustments thereto shall be
established only upon the request of, and in consultation with, such
social services district.
(ii) A social services district with an approved juvenile justice
services close to home initiative for juvenile delinquents placed in
limited secure settings shall have the authority to establish and
adjust, on an annual or regular basis, maintenance rates for limited
secure facilities providing residential services under such initiative.
Such rates shall not be subject to the provisions of section three
hundred ninety-eight-a of this chapter but shall be subject to maximum
cost limits established by the office of children and family services.
S. 2006--A 101 A. 3006--A
S 53. Paragraph (a) of subdivision 1 of section 409-a of the social
services law, as amended by chapter 87 of the laws of 1993, subparagraph
(i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
(a) A social services official shall provide preventive services to a
child and his or her family, in accordance with the family's service
plan as required by section four hundred nine-e of this chapter and the
social services district's child welfare services plan submitted and
approved pursuant to section four hundred nine-d of this chapter, upon a
finding by such official that [(i)] the child will be placed, returned
to or continued in foster care unless such services are provided and
that it is reasonable to believe that by providing such services the
child will be able to remain with or be returned to his or her family,
and for a former foster care youth under the age of twenty-one who was
previously placed in the care and custody or custody and guardianship of
the local commissioner of social services or other officer, board or
department authorized to receive children as public charges where it is
reasonable to believe that by providing such services the former foster
care youth will avoid a return to foster care [or (ii) the child is the
subject of a petition under article seven of the family court act, or
has been determined by the assessment service established pursuant to
section two hundred forty-three-a of the executive law, or by the
probation service where no such assessment service has been designated,
to be at risk of being the subject of such a petition, and the social
services official determines that the child is at risk of placement into
foster care]. Such finding shall be entered in the child's uniform case
record established and maintained pursuant to section four hundred
nine-f of this chapter. The commissioner shall promulgate regulations to
assist social services officials in making determinations of eligibility
for mandated preventive services pursuant to this [subparagraph] PARA-
GRAPH.
S 54. Section 30.00 of the penal law, as amended by chapter 481 of the
laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
is amended to read as follows:
S 30.00 Infancy.
1. Except as provided in [subdivision] SUBDIVISIONS two AND THREE of
this section, a person less than [sixteen] SEVENTEEN years old, OR,
COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON LESS THAN
EIGHTEEN YEARS OLD is not criminally responsible for conduct.
2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE
OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, A PERSON SEVENTEEN
years of age is criminally responsible for acts constituting murder in
the second degree as defined in subdivisions one and two of section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally responsible or for such conduct as a sexually motivated felony,
where authorized pursuant to section 130.91 of the penal law; and a
person fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING
JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years of age is crimi-
nally responsible for acts constituting the crimes defined in section
135.25 (kidnapping in the first degree); 150.20 (arson in the first
degree); subdivisions one and two of section 120.10 (assault in the
first degree); 125.20 (manslaughter in the first degree); subdivisions
one and two of section 130.35 (rape in the first degree); subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
S. 2006--A 102 A. 3006--A
130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second degree); 150.15 (arson in the second degree); 160.15 (robbery in
the first degree); subdivision two of section 160.10 (robbery in the
second degree) of this chapter; or section 265.03 of this chapter, where
such machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of this
chapter; or defined in this chapter as an attempt to commit murder in
the second degree or kidnapping in the first degree, or for such conduct
as a sexually motivated felony, where authorized pursuant to section
130.91 of the penal law.
3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS
CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A
FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF
THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS
CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN
THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE);
120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12
(VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR
MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMI-
CIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER
IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND
DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11
(TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH
PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL
CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION
TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI-
VATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVI-
SION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF
TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE 490 OF THIS
CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF
SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR
THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
SIBLE. PROVIDED HOWEVER, A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS
CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
VEHICLE AND TRAFFIC LAW.
4. In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
S 55. Subdivision 2 of section 60.02 of the penal law, as amended by
chapter 471 of the laws of 1980, is amended to read as follows:
(2) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any felony, AND THE
PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER, the court must impose a
sentence authorized to be imposed upon a person convicted of a class E
felony provided, however, that (A) the court must not impose a sentence
of [conditional discharge or] unconditional discharge if the youthful
offender finding was substituted for a conviction of a felony defined in
S. 2006--A 103 A. 3006--A
article two hundred twenty of this chapter; AND (B) NOTWITHSTANDING
PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A
TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE SENTENCE
OF ONE YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST
BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST INCLUDE,
AS A PART THEREOF, A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE
WITH SUBDIVISION TWO-B OF SECTION 70.45 OF THIS CHAPTER. IN ANY CASE,
WHERE A COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A
SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH IMPRISONMENT TERM
SHALL NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT
TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH (D) OF
SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.
S 56. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
1. WHEN A JUVENILE OFFENDER IS CONVICTED OF A CLASS A FELONY, OTHER
THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN
THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST
DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL
SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT TO THE PROVISIONS OF
SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI-
CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the
court shall sentence the defendant to imprisonment in accordance with
section 70.05 or sentence [him] THE DEFENDANT upon a youthful offender
finding in accordance with section 60.02 of this chapter.
2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided, however, that the limitation prescribed by this section shall
not be deemed or construed to bar use of a conviction of a juvenile
offender, other than a juvenile offender who has been adjudicated a
youthful offender pursuant to section 720.20 of the criminal procedure
law, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION as a previ-
ous or predicate felony offender under section 70.04, 70.06, 70.07,
70.08 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF THIS CHAPTER, when
sentencing a person who commits a felony after [he] SUCH PERSON has
reached the age of [sixteen] SEVENTEEN AS OF JANUARY FIRST, TWO THOUSAND
SEVENTEEN, AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN.
3. THE LIMITATION PRESCRIBED BY THIS SECTION SHALL NOT BE DEEMED OR
CONSTRUED TO BAR USE OF A CONVICTION OF A JUVENILE OFFENDER WHO HAS BEEN
ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO SECTION 720.20 OF THE CRIMI-
NAL PROCEDURE LAW FOR AN OFFENSE COMMITTED WHEN SUCH PERSON WAS SIXTEEN
OR SEVENTEEN YEARS OLD AS A PREVIOUS OR PREDICATE FELONY OFFENDER UNDER
SECTION 70.04, 70.06, 70.07, 70.08, 70.10, 70.70, 70.71, 70.80 OR 485.10
OF THIS CHAPTER, WHEN SENTENCING A PERSON WHO COMMITS A VIOLENT FELONY
AS DEFINED BY SUBDIVISION ONE OF SECTION 70.02 OF THIS TITLE AFTER SUCH
PERSON HAS REACHED THE AGE OF SEVENTEEN AS OF JANUARY FIRST, TWO THOU-
SAND SEVENTEEN AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN.
S 57. Section 70.05 of the penal law, as added by chapter 481 of the
laws of 1978, subdivision 1 as amended by chapter 615 of the laws of
1984, paragraph (e) of subdivision 2 as added and paragraph (c) of
subdivision 3 as amended by chapter 435 of the laws of 1998, paragraph
(a) of subdivision 3 as amended by chapter 174 of the laws of 2003, is
amended to read as follows:
S 70.05 Sentence of imprisonment for juvenile offender.
S. 2006--A 104 A. 3006--A
1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for
a JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN
THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST
DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS
DEFINED BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT
PURSUANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR
70.71 OF THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE
CLASS A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile
offender shall be an indeterminate sentence. When such a sentence is
imposed, the court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT
AND maximum term in accordance with the provisions of subdivision two of
this section [and the minimum period of imprisonment shall be as
provided in subdivision three of this section]. EXCEPT AS PROVIDED HERE-
IN, A SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED BY A JUVE-
NILE OFFENDER SHALL BE A DETERMINATE SENTENCE. WHEN SUCH A SENTENCE IS
IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF
YEARS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE. The
court shall further provide that where a juvenile offender is under
placement pursuant to article three of the family court act, any
sentence imposed pursuant to this section which is to be served consec-
utively with such placement shall be served in a facility designated
pursuant to subdivision four of section 70.20 of this article prior to
service of the placement in any previously designated facility.
2. [Maximum term of] INDETERMINATE sentence. [The maximum term of an
indeterminate sentence for a juvenile offender shall be at least three
years and the term shall be fixed as follows:
(a)] For the class A felony of murder in the second degree, the MAXI-
MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI-
SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:
(A) WHERE THE DEFENDANT WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH
OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST FIVE YEARS
BUT SHALL NOT EXCEED NINE YEARS;
(B) WHERE THE DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN
SEVENTEEN YEARS OLD, AND, COMMENCING JANUARY 1, 2018, WHERE THE DEFEND-
ANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN EIGHTEEN YEARS OLD AT
THE TIME OF SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT
LEAST SEVEN AND ONE-HALF YEARS BUT SHALL NOT EXCEED FIFTEEN YEARS.
[(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson in
the first degree, or for the class A felony of kidnapping in the first
degree the DETERMINATE term shall be fixed by the court, and shall be at
least [twelve] FOUR years but shall not exceed fifteen years;
[(c)] (B) For a class B felony, the DETERMINATE term shall be fixed by
the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [ten]
SEVEN years; PROVIDED, HOWEVER, THAT WHERE THE DEFENDANT WAS SIXTEEN
YEARS OLD, AND, COMMENCING JANUARY 1, 2018, WHERE THE DEFENDANT WAS
SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF THE OFFENSE AND THE
DEFENDANT IS CONVICTED OF A CLASS B VIOLENT FELONY AND THE COURT FINDS
AGGRAVATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH
THE CRIME WAS COMMITTED, INCLUDING THE SEVERITY OF INJURY TO THE VICTIM
AND THE GRAVITY OF RISK TO PUBLIC SAFETY, THE COURT SHALL SENTENCE THE
DEFENDANT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION
70.02 OF THIS ARTICLE. THE DEFENDANT AND THE DISTRICT ATTORNEY SHALL
HAVE AN OPPORTUNITY TO PRESENT RELEVANT INFORMATION TO ASSIST THE COURT
IN MAKING THIS DETERMINATION AND THE COURT MAY, IN ITS DISCRETION,
S. 2006--A 105 A. 3006--A
CONDUCT A HEARING WITH RESPECT TO ANY ISSUE BEARING UPON SUCH DETERMI-
NATION. IF THE COURT DETERMINES IT IS APPROPRIATE TO SENTENCE THE
DEFENDANT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION
70.02 OF THIS ARTICLE, IT SHALL MAKE A STATEMENT ON THE RECORD OF THE
FACTS AND CIRCUMSTANCES UPON WHICH SUCH DETERMINATION IS BASED;
[(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by
the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven]
FIVE years; and
[(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by
the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [four]
THREE years; AND
(E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD,
AND COMMENCING JANUARY 1, 2018, WHERE THE DEFENDANT WAS SIXTEEN OR
SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM
SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL
NOT EXCEED TWO YEARS.
[3. Minimum period of imprisonment. The minimum period of imprisonment
under an indeterminate sentence for a juvenile offender shall be speci-
fied in the sentence as follows:
(a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than five years but shall not exceed nine years provided, however, that
where the sentence is for an offense specified in subdivision one or two
of section 125.25 of this chapter and the defendant was fourteen or
fifteen years old at the time of such offense, the minimum period of
imprisonment shall be not less than seven and one-half years but shall
not exceed fifteen years;
(b) For the class A felony of arson in the first degree, or for the
class A felony of kidnapping in the first degree, the minimum period of
imprisonment shall be fixed by the court and shall be not less than four
years but shall not exceed six years; and
(c) For a class B, C or D felony, the minimum period of imprisonment
shall be fixed by the court at one-third of the maximum term imposed.]
S 58. Subdivision 1 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. [(a)] Indeterminate or determinate sentence. Except as provided in
subdivision four of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the defend-
ant to the custody of the state department of corrections and community
supervision for the term of his or her sentence and until released in
accordance with the law; provided, however, that a defendant sentenced
pursuant to subdivision seven of section 70.06 shall be committed to the
custody of the state department of corrections and community supervision
for immediate delivery to a reception center operated by the department.
[(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision shall
inquire as to whether the parents or legal guardian of the defendant, if
present, will grant to the minor the capacity to consent to routine
medical, dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment, the commitment order shall be deemed to grant the capacity
S. 2006--A 106 A. 3006--A
to consent to routine medical, dental and mental health services and
treatment to the person so committed.
(d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of age from making a
motion on notice to the department of corrections and community super-
vision pursuant to article twenty-two of the civil practice law and
rules and section one hundred forty of the correction law, objecting to
routine medical, dental or mental health services and treatment being
provided to such inmate under the provisions of paragraph (b) of this
subdivision.
(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.]
S 59. Subdivision 2 of section 70.20 of the penal law, as amended by
chapter 437 of the laws of 2013, is amended to read as follows:
2. [(a)] Definite sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is imposed, the
court shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released in accord-
ance with the law.
[(b) The court in committing a defendant who is not yet eighteen years
of age to the local correctional facility shall inquire as to whether
the parents or legal guardian of the defendant, if present, will grant
to the minor the capacity to consent to routine medical, dental and
mental health services and treatment.
(c) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of age from making a
motion on notice to the local correction facility pursuant to article
twenty-two of the civil practice law and rules and section one hundred
forty of the correction law, objecting to routine medical, dental or
mental health services and treatment being provided to such inmate under
the provisions of paragraph (b) of this subdivision.]
S 60. Subdivision 4 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
4. (a) Notwithstanding any other provision of law to the contrary, a
juvenile offender[,] or a juvenile offender who is adjudicated a youth-
ful offender [and], WHO IS given an indeterminate, DETERMINATE or a
definite sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF
SENTENCING, shall be committed to the custody of the commissioner of the
office of children and family services who shall arrange for the
confinement of such offender in [secure] facilities of the office. The
release or transfer of such offenders from the office of children and
family services shall be governed by section five hundred eight of the
executive law. IF THE JUVENILE OFFENDER IS CONVICTED OR, IF THE JUVENILE
OFFENDER WHO IS ADJUDICATED A YOUTHFUL OFFENDER IS CONVICTED AND IS
TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME OF SENTENCING, HE OR SHE
SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION.
(A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
PERSON WHO IS SENTENCED TO AN INDETERMINATE OR DETERMINATE SENTENCE AS
AN ADULT FOR COMMITTING A CRIME WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN
YEARS OF AGE WHO IS SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND
FIFTEEN TO A TERM OF AT LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER
THE AGE OF EIGHTEEN AT THE TIME HE OR SHE IS SENTENCED SHALL BE COMMIT-
S. 2006--A 107 A. 3006--A
TED TO THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF SUCH OFFENDER
IN FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS
FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY
SECTION FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
(b) The court in committing [a juvenile offender and youthful offen-
der] AN OFFENDER UNDER EIGHTEEN YEARS OF AGE to the custody of the
office of children and family services shall inquire as to whether the
parents or legal guardian of the youth, if present, will consent for the
office of children and family services to provide routine medical,
dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the office of children and family
services in accordance with this section and no medical consent has been
obtained prior to said commitment, the commitment order shall be deemed
to grant consent for the office of children and family services to
provide for routine medical, dental and mental health services and
treatment to the offender so committed.
(d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an offender who is not yet eighteen years of age from making a
motion on notice to the office of children and family services pursuant
to article twenty-two of the civil practice law and rules objecting to
routine medical, dental or mental health services and treatment being
provided to such offender under the provisions of paragraph (b) of this
subdivision.
(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the offender is authorized by law to consent on his or her own
behalf to any medical, dental and mental health service or treatment.
S 60-a. Paragraph (f) of subdivision 1 of section 70.30 of the penal
law, as added by chapter 481 of the laws of 1978 and relettered by chap-
ter 3 of the laws of 1995, is amended to read as follows:
(f) [The aggregate maximum term of consecutive sentences imposed upon
a juvenile offender for two or more crimes, not including a class A
felony, committed before he has reached the age of sixteen, shall, if it
exceeds ten years, be deemed to be ten years. If consecutive indetermi-
nate sentences imposed upon a juvenile offender include a sentence for
the class A felony of arson in the first degree or for the class A felo-
ny of kidnapping in the first degree, then the aggregate maximum term of
such sentences shall, if it exceeds fifteen years, be deemed to be
fifteen years. Where the aggregate maximum term of two or more consec-
utive sentences is reduced by a calculation made pursuant to this para-
graph, the aggregate minimum period of imprisonment, if it exceeds one-
half of the aggregate maximum term as so reduced, shall be deemed to be
one-half of the aggregate maximum term as so reduced.] (I) IF THE AGGRE-
GATE TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVE-
NILE OFFENDER FOR TWO OR MORE CRIMES, OTHER THAN TWO OR MORE SENTENCES
THAT INCLUDE A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE FOR A CLASS
B VIOLENT FELONY IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE
OF SECTION 70.02 OF THIS ARTICLE, COMMITTED PRIOR TO THE TIME THE PERSON
WAS IMPRISONED UNDER ANY OF SUCH SENTENCES EXCEEDS TEN YEARS, THE JUVE-
NILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN
YEARS.
(II) IF THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED
UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES, AT LEAST ONE OF WHICH
IS THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION
S. 2006--A 108 A. 3006--A
150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF
THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE A
SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY IMPOSED PURSUANT TO PARA-
GRAPH (A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE, COMMIT-
TED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH
SENTENCES EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED
TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS.
S 61. Section 70.45 of the penal law is amended by adding a new subdi-
vision 2-b to read as follows:
2-B. PERIODS OF POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND
YOUTHFUL OFFENDERS. (A) THE PERIOD OF POST-RELEASE SUPERVISION FOR A
DETERMINATE SENTENCE IMPOSED UPON A YOUTHFUL OFFENDER OR A JUVENILE
OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT
ONE YEAR.
(B) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE
IMPOSED UPON A JUVENILE OFFENDER NOT ADJUDICATED A YOUTHFUL OFFENDER
MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
(I) SUCH PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF
IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY
OFFENSE;
(II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN TWO
YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION OF A CLASS C FELONY OFFENSE;
(III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN THREE
YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION OF A CLASS B FELONY OFFENSE; PROVIDED, HOWEVER, THAT SUCH
PERIOD SHALL BE IMPOSED PURSUANT TO SUBDIVISION TWO OR TWO-A OF THIS
SECTION, AS APPLICABLE, WHENEVER A DETERMINATE SENTENCE IS IMPOSED UPON
A CONVICTION OF A CLASS B VIOLENT FELONY OFFENSE PURSUANT TO PARAGRAPH
(A) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE; AND
(IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE
YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS
DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED
BY SECTION 135.25 OF THIS CHAPTER, AND A FIVE-YEAR PERIOD SHALL BE
IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI-
NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR ANY OTHER CLASS A
FELONY.
S 62. Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
18. "Juvenile offender" means (1) a person thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law; and] THIS CHAPTER;
(2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING
JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN years old who is crimi-
nally responsible for acts constituting the crimes defined in subdivi-
sions one and two of section 125.25 (murder in the second degree) and in
subdivision three of such section provided that the underlying crime for
the murder charge is one for which such person is criminally responsi-
ble; section 135.25 (kidnapping in the first degree); 150.20 (arson in
the first degree); subdivisions one and two of section 120.10 (assault
in the first degree); 125.20 (manslaughter in the first degree); subdi-
visions one and two of section 130.35 (rape in the first degree); subdi-
visions one and two of section 130.50 (criminal sexual act in the first
S. 2006--A 109 A. 3006--A
degree); 130.70 (aggravated sexual abuse in the first degree); 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER; AND
(3) A PERSON SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPON-
SIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF
THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLAS-
SIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION
120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR
ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT);
125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY
NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND
DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14
(AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND
DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED
MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN
THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE)
PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING
IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPER-
ING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL
PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON
IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST
DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS
TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52
(AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE
DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN
COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED
OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER
WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY
DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER; AND ACTS CONSTI-
TUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND
SECTION 105.15 OF THIS CHAPTER PROVIDED THAT THE UNDERLYING CRIME FOR
THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
SIBLE.
S 63. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
42. "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
[or], fifteen OR SIXTEEN YEARS OLD, OR COMMENCING JANUARY FIRST, TWO
THOUSAND EIGHTEEN, SEVENTEEN years old who is criminally responsible for
acts constituting the crimes defined in subdivisions one and two of
section 125.25 (murder in the second degree) and in subdivision three of
such section provided that the underlying crime for the murder charge is
S. 2006--A 110 A. 3006--A
one for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in the first degree);
subdivisions one and two of section 120.10 (assault in the first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two of section 130.35 (rape in the first degree); subdivisions one and
two of section 130.50 (criminal sexual act in the first degree); 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary in the
first degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or defined in the penal law as an attempt to commit murder in the
second degree or kidnapping in the first degree, or such conduct as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
TWO THOUSAND EIGHTEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING A VIOLENT FELONY DEFINED IN
SECTION 70.02 OF THE PENAL LAW; ACTS CONSTITUTING ANY CRIME IN THE PENAL
LAW THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELO-
NIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE
EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN
SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICU-
LAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR
ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED
CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE
SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE);
125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE
SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21
(AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED
MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN
THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
BLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED
THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR
WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A
WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN
WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY
RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A
SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE
PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUT-
ING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05
OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUT-
ING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION
105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING
CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMI-
NALLY RESPONSIBLE.
S 63-a. The article heading of article 100 of the criminal procedure
law, as added by chapter 996 of the laws of 1970, is amended to read as
follows:
ARTICLE 100--COMMENCEMENT OF ACTION IN LOCAL
CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
CRIMINAL COURT] ACCUSATORY INSTRUMENTS
S. 2006--A 111 A. 3006--A
S 63-b. The first undesignated paragraph of section 100.05 of the
criminal procedure law, as added by chapter 996 of the laws of 1970, is
amended to read as follows:
A criminal action is commenced by the filing of an accusatory instru-
ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE
YOUTH PART OF THE SUPERIOR COURT, and if more than one such instrument
is filed in the course of the same criminal action, such action
commences when the first of such instruments is filed. The only way in
which a criminal action can be commenced in a superior court, OTHER THAN
A CRIMINAL ACTION AGAINST A JUVENILE OFFENDER, is by the filing there-
with by a grand jury of an indictment against a defendant who has never
been held by a local criminal court for the action of such grand jury
with respect to any charge contained in such indictment. Otherwise, a
criminal action can be commenced only in a local criminal court, by the
filing therewith of a local criminal court accusatory instrument, name-
ly:
S 63-c. The section heading and subdivision 5 of section 100.10 of the
criminal procedure law, as added by chapter 996 of the laws of 1970, are
amended to read as follows:
S 100.10 Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accu-
satory instruments; definitions thereof.
5. A "felony complaint" is a verified written accusation by a person,
filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT,
charging one or more other persons with the commission of one or more
felonies. It serves as a basis for the commencement of a criminal
action, but not as a basis for prosecution thereof.
S 63-d. The section heading of section 100.40 of the criminal proce-
dure law, as added by chapter 996 of the laws of 1970, is amended to
read as follows:
S 100.40 Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accu-
satory instruments; sufficiency on face.
S 63-e. The criminal procedure law is amended by adding a new section
100.60 to read as follows:
S 100.60 YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; IN
WHAT COURTS FILED.
ANY YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENT MAY BE
FILED WITH THE YOUTH PART OF THE SUPERIOR COURT OF A PARTICULAR COUNTY
WHEN AN OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN SUCH COUNTY
OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION.
S 63-f. The article heading of article 110 of the criminal procedure
law, as added by chapter 996 of the laws of 1970, is amended to read as
follows:
ARTICLE 110--REQUIRING DEFENDANT'S APPEARANCE
IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
FOR ARRAIGNMENT
S 63-g. The section heading of section 110.10 of the criminal proce-
dure law, as added by chapter 996 of the laws of 1970, and subdivision 1
and subdivision 2, are amended to read as follows:
S 110.10 Methods of requiring defendant's appearance in local criminal
court OR YOUTH PART OF THE SUPERIOR COURT for arraignment;
in general.
1. After a criminal action has been commenced in a local criminal
court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
instrument therewith, a defendant who has not been arraigned in the
action and has not come under the control of the court may under certain
S. 2006--A 112 A. 3006--A
circumstances be compelled or required to appear for arraignment upon
such accusatory instrument by:
(a) The issuance and execution of a warrant of arrest, as provided in
article one hundred twenty; or
(b) The issuance and service upon him of a summons, as provided in
article one hundred thirty; or
(c) Procedures provided in articles five hundred sixty, five hundred
seventy, five hundred eighty, five hundred ninety and six hundred for
securing attendance of defendants in criminal actions who are not at
liberty within the state.
2. Although no criminal action against a person has been commenced in
any court, he may under certain circumstances be compelled or required
to appear in a local criminal court OR YOUTH PART OF A SUPERIOR COURT
for arraignment upon an accusatory instrument to be filed therewith at
or before the time of his appearance by:
(a) An arrest made without a warrant, as provided in article one
hundred forty; or
(b) The issuance and service upon him of an appearance ticket, as
provided in article one hundred fifty.
S 63-h. The section heading of section 110.20 and section 110.20 of
the criminal procedure law, as added by chapter 996 of the laws of 1970,
are amended to read as follows:
S 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT accu-
satory instruments; notice thereof to district attorney.
When a criminal action in which a crime is charged is commenced in a
local criminal court, OR YOUTH PART OF THE SUPERIOR COURT other than the
criminal court of the city of New York, a copy of the accusatory instru-
ment shall be promptly transmitted to the appropriate district attorney
upon or prior to the arraignment of the defendant on the accusatory
instrument. If a police officer or a peace officer is the complainant
or the filer of a simplified information, or has arrested the defendant
or brought him before the local criminal court OR YOUTH PART OF THE
SUPERIOR COURT on behalf of an arresting person pursuant to subdivision
one of section 140.20, such officer or his agency shall transmit the
copy of the accusatory instrument to the appropriate district attorney.
In all other cases, the clerk of the court in which the defendant is
arraigned shall so transmit it.
S 63-i. The first undesignated paragraph of subdivision 1 of section
120.20 of the criminal procedure law, as added by chapter 996 of the
laws of 1970, is amended to read as follows:
When a criminal action has been commenced in a local criminal court OR
YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato-
ry instrument, other than a simplified traffic information, against a
defendant who has not been arraigned upon such accusatory instrument and
has not come under the control of the court with respect thereto:
S 63-j. Section 120.30 of the criminal procedure law, as added by
chapter 996 of the laws of 1970, is amended to read as follows:
S 120.30 Warrant of arrest; by what courts issuable and in what courts
returnable.
1. A warrant of arrest may be issued only by the local criminal court
OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory
instrument has been filed, and it may be made returnable in such issuing
court only.
2. The particular local criminal court or courts OR YOUTH PART OF
SUPERIOR COURT with which any particular local criminal court OR YOUTH
PART OF THE SUPERIOR COURT accusatory instrument may be filed for the
S. 2006--A 113 A. 3006--A
purpose of obtaining a warrant of arrest are determined, generally, by
the provisions of section 100.55 OR 100.60. If, however, a particular
accusatory instrument may pursuant to said section 100.55 be filed with
a particular town court and such town court is not available at the time
such instrument is sought to be filed and a warrant obtained, such accu-
satory instrument may be filed with the town court of any adjoining town
of the same county. If such instrument may be filed pursuant to said
section 100.55 with a particular village court and such village court is
not available at the time, it may be filed with the town court of the
town embracing such village, or if such town court is not available
either, with the town court of any adjoining town of the same county.
S 63-k. Section 120.55 of the criminal procedure law, as amended by
chapter 62 of the laws of 2011, is amended to read as follows:
S 120.55 Warrant of arrest; defendant under parole or probation super-
vision.
If the defendant named within a warrant of arrest issued by a local
criminal court OR YOUTH PART OF THE SUPERIOR COURT pursuant to the
provisions of this article, or by a superior court issued pursuant to
subdivision three of section 210.10 of this chapter, is under the super-
vision of the state department of corrections and community supervision
or a local or state probation department, then a warrant for his or her
arrest may be executed by a parole officer or probation officer, when
authorized by his or her probation director, within his or her geograph-
ical area of employment. The execution of the warrant by a parole offi-
cer or probation officer shall be upon the same conditions and conducted
in the same manner as provided for execution of a warrant by a police
officer.
S 63-l. Subdivision 1 of section 120.70 of the criminal procedure law,
as added by chapter 996 of the laws of 1970, is amended to read as
follows:
S 120.70 Warrant of arrest; where executable.
1. A warrant of arrest issued by a district court, by the New York
City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior
court judge sitting as a local criminal court may be executed anywhere
in the state.
2. A warrant of arrest issued by a city court, a town court or a
village court may be executed:
(a) In the county of issuance or in any adjoining county; or
(b) Anywhere else in the state upon the written endorsement thereon
of a local criminal court of the county in which the arrest is to be
made. When so endorsed, the warrant is deemed the process of the
endorsing court as well as that of the issuing court.
S 63-m. Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 5-a, and amending subdivision 1 and 6, as added
by chapter 996 of the laws of 1970, to read as follows:
S 120.90 Warrant of arrest; procedure after arrest.
1. Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is returnable or in any
adjoining county, or upon so arresting him for a felony in any other
county, a police officer, if he be one to whom the warrant is addressed,
must without unnecessary delay bring the defendant before the local
criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant
is returnable.
2. Upon arresting a defendant for any offense pursuant to a warrant
of arrest in a county adjoining the county in which the warrant is
returnable, or upon so arresting him for a felony in any other county, a
S. 2006--A 114 A. 3006--A
police officer, if he be one delegated to execute the warrant pursuant
to section 120.60, must without unnecessary delay deliver the defendant
or cause him to be delivered to the custody of the officer by whom he
was so delegated, and the latter must then proceed as provided in subdi-
vision one.
3. Upon arresting a defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer, if he
be one to whom the warrant is addressed, must inform the defendant that
he has a right to appear before a local criminal court of the county of
arrest for the purpose of being released on his own recognizance or
having bail fixed. If the defendant does not desire to avail himself of
such right, the officer must request him to endorse such fact upon the
warrant, and upon such endorsement the officer must without unnecessary
delay bring him before the court in which the warrant is returnable. If
the defendant does desire to avail himself of such right, or if he
refuses to make the aforementioned endorsement, the officer must without
unnecessary delay bring him before a local criminal court of the county
of arrest. Such court must release the defendant on his own recogni-
zance or fix bail for his appearance on a specified date in the court in
which the warrant is returnable. If the defendant is in default of
bail, the officer must without unnecessary delay bring him before the
court in which the warrant is returnable.
4. Upon arresting a defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer, if he
be one delegated to execute the warrant pursuant to section 120.60, may
hold the defendant in custody in the county of arrest for a period not
exceeding two hours for the purpose of delivering him to the custody of
the officer by whom he was delegated to execute such warrant. If the
delegating officer receives custody of the defendant during such period,
he must proceed as provided in subdivision three. Otherwise, the deleg-
ated officer must inform the defendant that he has a right to appear
before a local criminal court for the purpose of being released on his
own recognizance or having bail fixed. If the defendant does not desire
to avail himself of such right, the officer must request him to make,
sign and deliver to him a written statement of such fact, and if the
defendant does so, the officer must retain custody of him but must with-
out unnecessary delay deliver him or cause him to be delivered to the
custody of the delegating police officer. If the defendant does desire
to avail himself of such right, or if he refuses to make and deliver the
aforementioned statement, the delegated or arresting officer must with-
out unnecessary delay bring him before a local criminal court of the
county of arrest and must submit to such court a written statement
reciting the material facts concerning the issuance of the warrant, the
offense involved, and all other essential matters relating thereto.
Upon the submission of such statement, such court must release the
defendant on his own recognizance or fix bail for his appearance on a
specified date in the court in which the warrant is returnable. If the
defendant is in default of bail, the officer must retain custody of him
but must without unnecessary delay deliver him or cause him to be deliv-
ered to the custody of the delegating officer. Upon receiving such
custody, the latter must without unnecessary delay bring the defendant
before the court in which the warrant is returnable.
5. Whenever a police officer is required pursuant to this section to
bring an arrested defendant before a town court in which a warrant of
S. 2006--A 115 A. 3006--A
arrest is returnable, and if such town court is not available at the
time, such officer must, if a copy of the underlying accusatory instru-
ment has been attached to the warrant pursuant to section 120.40,
instead bring such defendant before any village court embraced, in whole
or in part, by such town, or any local criminal court of an adjoining
town or city of the same county or any village court embraced, in whole
or in part, by such adjoining town. When the court in which the warrant
is returnable is a village court which is not available at the time, the
officer must in such circumstances bring the defendant before the town
court of the town embracing such village or any other village court
within such town or, if such town court or village court is not avail-
able either, before the local criminal court of any town or city of the
same county which adjoins such embracing town or, before the local crim-
inal court of any village embraced in whole or in part by such adjoining
town. When the court in which the warrant is returnable is a city court
which is not available at the time, the officer must in such circum-
stances bring the defendant before the local criminal court of any
adjoining town or village embraced in whole or in part by such adjoining
town of the same county.
5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION,
TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT
IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT
AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE
MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
6. Before bringing a defendant arrested pursuant to a warrant before
the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such
warrant is returnable, a police officer must without unnecessary delay
perform all fingerprinting and other preliminary police duties required
in the particular case. In any case in which the defendant is not
brought by a police officer before such court but, following his arrest
in another county for an offense specified in subdivision one of section
160.10, is released by a local criminal court of such other county on
his own recognizance or on bail for his appearance on a specified date
before the local criminal court before which the warrant is returnable,
the latter court must, upon arraignment of the defendant before it,
direct that he be fingerprinted by the appropriate officer or agency,
and that he appear at an appropriate designated time and place for such
purpose.
7. Upon arresting a juvenile offender, the police officer shall imme-
diately notify the parent or other person legally responsible for his
care or the person with whom he is domiciled, that the juvenile offender
has been arrested, and the location of the facility where he is being
detained.
8. Upon arresting a defendant, other than a juvenile offender, for
any offense pursuant to a warrant of arrest, a police officer shall,
upon the defendant's request, permit the defendant to communicate by
telephone provided by the law enforcement facility where the defendant
is held to a phone number located anywhere in the United States or Puer-
to Rico, for the purposes of obtaining counsel and informing a relative
or friend that he or she has been arrested, unless granting the call
will compromise an ongoing investigation or the prosecution of the
defendant.
S 63-n. Subdivision 1 of section 130.10 of the criminal procedure law,
as amended by chapter 446 of the laws of 1993, is amended to read as
follows:
S. 2006--A 116 A. 3006--A
1. A summons is a process issued by a local criminal court directing a
defendant designated in an information, a prosecutor's information, a
felony complaint or a misdemeanor complaint filed with such court, OR A
YOUTH PART OF A SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A
FELONY COMPLAINT, or by a superior court directing a defendant desig-
nated in an indictment filed with such court, to appear before it at a
designated future time in connection with such accusatory instrument.
The sole function of a summons is to achieve a defendant's court appear-
ance in a criminal action for the purpose of arraignment upon the accu-
satory instrument by which such action was commenced.
S 63-o. Section 130.30 of the criminal procedure law, as amended by
chapter 506 of the laws of 2000, is amended to read as follows:
S 130.30 Summons; when issuable.
A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a
summons in any case in which, pursuant to section 120.20, it is author-
ized to issue a warrant of arrest based upon an information, a
prosecutor's information, a felony complaint or a misdemeanor complaint.
If such information, prosecutor's information, felony complaint or
misdemeanor complaint is not sufficient on its face as prescribed in
section 100.40, and if the court is satisfied that on the basis of the
available facts or evidence it would be impossible to draw and file an
authorized accusatory instrument that is sufficient on its face, the
court must dismiss the accusatory instrument. A superior court may issue
a summons in any case in which, pursuant to section 210.10, it is
authorized to issue a warrant of arrest based upon an indictment.
S 63-p. Subdivision 1 of section 140.20 of the criminal procedure law
is amended by adding a new paragraph (e) to read as follows:
(E) IF THE ARREST IS FOR A PERSON UNDER THE AGE OF SEVENTEEN OR,
COMMENCING JANUARY 1, 2018, A PERSON UNDER THE AGE OF EIGHTEEN, SUCH
PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE
THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
S 64. Subdivision 6 of section 140.20 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, is amended to read as
follows:
6. Upon arresting a juvenile offender without a warrant, the police
officer shall immediately notify the parent or other person legally
responsible for his OR HER care or the person with whom he OR SHE is
domiciled, that the juvenile offender has been arrested, and the
location of the facility where he OR SHE is being detained. IF THE OFFI-
CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
JUVENILE OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW, THE
OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF
CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY
RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE
AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE JUVE-
NILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
IF PRESENT, HAVE BEEN ADVISED:
(A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
(B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
S. 2006--A 117 A. 3006--A
(C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
(D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
S 64-a. Subdivision 2 of section 140.27 of the criminal procedure law,
as amended by chapter 843 of the laws of 1980, is amended to read as
follows:
2. Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision three OR THREE-A, must without
unnecessary delay bring him or cause him to be brought before a local
criminal court, as provided in section 100.55 and subdivision one of
section 140.20, and must without unnecessary delay file or cause to be
filed therewith an appropriate accusatory instrument. If the offense
which is the subject of the arrest is one of those specified in subdivi-
sion one of section 160.10, the arrested person must be fingerprinted
and photographed as therein provided. In order to execute the required
post-arrest functions, such arresting peace officer may perform such
functions himself or he may enlist the aid of a police officer for the
performance thereof in the manner provided in subdivision one of section
140.20.
S 64-b. Section 140.27 of the criminal procedure law is amended by
adding a new subdivision 3-a to read as follows:
3-A. IF THE ARREST IS FOR A PERSON UNDER THE AGE OF SEVENTEEN OR,
COMMENCING JANUARY 1, 2018, A PERSON UNDER THE AGE OF EIGHTEEN, SUCH
PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF
THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE
THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF
THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
S 65. Subdivision 5 of section 140.27 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, is amended to read as
follows:
5. Upon arresting a juvenile offender without a warrant, the peace
officer shall immediately notify the parent or other person legally
responsible for his care or the person with whom he OR SHE is domiciled,
that the juvenile offender has been arrested, and the location of the
facility where he OR SHE is being detained. IF THE OFFICER DETERMINES
THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER
EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A JUVENILE
OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST
TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON
THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR
HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE QUESTIONED
PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
(A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
(B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
(C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
S. 2006--A 118 A. 3006--A
(D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
S 66. Subdivision 5 of section 140.40 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, is amended to read as
follows:
5. If a police officer takes an arrested juvenile offender into
custody, the police officer shall immediately notify the parent or other
person legally responsible for his OR HER care or the person with whom
he OR SHE is domiciled, that the juvenile offender has been arrested,
and the location of the facility where he OR SHE is being detained. IF
THE OFFICER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE
OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE
DEFINITION OF A JUVENILE OFFENDER AS DEFINED IN SECTION 30.00 OF THE
PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUES-
TIONING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO THE JUVENILE'S
RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
A JUVENILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVI-
SION, IF PRESENT, HAVE BEEN ADVISED:
(A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
(B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
(C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
(D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
S 67. The criminal procedure law is amended by adding a new section
160.56 to read as follows:
S 160.56 CONDITIONAL SEALING OF CERTAIN CONVICTIONS FOR OFFENSES COMMIT-
TED BY A DEFENDANT TWENTY YEARS OF AGE OR YOUNGER OR BY A
DEFENDANT CONVICTED AS A JUVENILE OFFENDER.
1. WHEN A DEFENDANT IS CONVICTED FOR ONLY ONE ELIGIBLE OFFENSE, ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICH WAS COMMITTED WHEN HE OR
SHE WAS TWENTY YEARS OF AGE OR YOUNGER AND THE DEFENDANT HAS NO PRIOR
CRIMINAL CONVICTIONS, THE COURT SHALL CERTIFY UPON CONVICTION THAT THE
DEFENDANT IS APPARENTLY ELIGIBLE FOR CONDITIONAL SEALING AND SHALL SCHE-
DULE THE DEFENDANT'S CASE FOR REVIEW AT THE EXPIRATION OF THE TIME PERI-
OD SET FORTH IN SUBDIVISION TWO OF THIS SECTION. SUCH REVIEW SHALL NOT
REQUIRE A MOTION OR APPEARANCE BY A DEFENDANT. UPON THE EXPIRATION OF
THE TIME PERIOD SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE COURT
SHALL NOTIFY THE DISTRICT ATTORNEY THAT THE CASE IS UNDER REVIEW. IF THE
DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
IN FORTY-FIVE DAYS OF RECEIPT OF THE NOTIFICATION AND THE COURT DETER-
MINES THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING AS SET FORTH IN
S. 2006--A 119 A. 3006--A
THIS SECTION, THE COURT SHALL ORDER THAT THE RECORD BE CONDITIONALLY
SEALED. IF THE DISTRICT ATTORNEY OPPOSES SEALING, HE OR SHE SHALL NOTI-
FY THE COURT OF THE REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED,
SUA SPONTE, OR THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT THE
DEFENDANT DOES NOT MEET THE CRITERIA FOR CONDITIONAL SEALING, THE COURT
MUST PROVIDE THE DEFENDANT, ON NOTICE TO THE DISTRICT ATTORNEY, WITH
NOTICE AND AN OPPORTUNITY TO DISPUTE SUCH FINDING.
WHENEVER THE COURT DETERMINES THAT ALL CRITERIA FOR SEALING HAVE BEEN
SATISFIED AND ORDERS A RECORD CONDITIONALLY SEALED, THE CLERK OF THE
COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES THAT THE CONVICTION SHALL BE CONDITIONALLY SEALED.
FOR PURPOSES OF THIS SECTION, AN ELIGIBLE OFFENSE IS ANY MISDEMEANOR OR
FELONY OTHER THAN A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWEN-
TY-FIVE OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED IN SECTION
70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE PENAL
LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
2. AN ELIGIBLE OFFENSE MAY BE CONDITIONALLY SEALED ONLY:
(A) AFTER THE FOLLOWING TIME PERIODS HAVE ELAPSED:
(I) FOR A MISDEMEANOR, AT LEAST TWO YEARS HAVE PASSED SINCE: THE ENTRY
OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL
DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION
IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL
DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
TIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION,
THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
(II) FOR AN ELIGIBLE FELONY, OTHER THAN A FELONY CONVICTION AS A JUVE-
NILE OFFENDER AS DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF
THIS CHAPTER, AT LEAST FIVE YEARS HAVE PASSED SINCE: THE ENTRY OF THE
JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE
OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN
CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE
COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL
DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE
DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
(III) FOR A CONVICTION AS A JUVENILE OFFENDER, AS DEFINED IN SUBDIVI-
SION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST TEN YEARS HAVE
PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS
SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING
A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF
PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S
TERM OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS
SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION,
WHICHEVER IS THE LONGEST; AND
(B) IF THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME.
2-A. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE CHARGES
ARE PENDING FOR ANY OFFENSE.
2-B. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE THE
DEFENDANT IS SUBJECT TO SUPERVISION BY THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION OR THE OFFICE OF CHILDREN AND FAMILY SERVICES.
UPON THE SUCCESSFUL COMPLETION OF SUCH SUPERVISION, IF THE TIME PERIODS
SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION HAVE
ELAPSED FROM THE DATE OF DEFENDANT'S RELEASE FROM INCARCERATION, THE
COURT MAY ORDER THE RECORD CONDITIONALLY SEALED PURSUANT TO THE
PROVISIONS OF THIS SECTION.
S. 2006--A 120 A. 3006--A
3. WHEN A CONVICTION IS SEALED PURSUANT TO THIS SECTION, ALL OFFICIAL
RECORDS AND PAPERS RELATING TO THE ARREST, PROSECUTION, AND CONVICTION,
INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION
OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL BE SEALED AND NOT MADE
AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY; PROVIDED, HOWEVER,
THE DIVISION SHALL RETAIN ANY FINGERPRINTS, PALMPRINTS AND PHOTOGRAPHS,
OR DIGITAL IMAGES OF THE SAME.
4. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
(A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
(B) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW
ENFORCEMENT DUTIES;
(C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
TION FOR SUCH A LICENSE; OR
(D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
OFFICER SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO.
5. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SECTION,
THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR CHARGED
WITH ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED
IMMEDIATELY AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW
MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION IN FAVOR OF THE
ACCUSED AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THIS ARTI-
CLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION
160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY
SEALED PURSUANT TO THIS SECTION.
6. A DEFENDANT WHO WAS CONVICTED OF ONLY ONE ELIGIBLE OFFENSE PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION MAY APPLY TO THE COURT OF CONVICTION,
ON AN APPLICATION PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES, FOR THE CONDITIONAL SEALING OF SUCH CONVICTION IF:
(A) THE OFFENSE WAS COMMITTED WHEN THE DEFENDANT WAS TWENTY YEARS OF
AGE OR YOUNGER; AND
(B) THE APPLICABLE TIME PERIODS SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION HAVE ELAPSED; AND
(C) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME; AND
(D) NO CHARGES ARE PENDING FOR ANY CRIME.
THERE SHALL BE NO FEE ASSOCIATED WITH THIS APPLICATION AND NO PERSONAL
APPEARANCE BY THE DEFENDANT IS REQUIRED.
7. WHEN AN APPLICATION IS MADE FOR SEALING PURSUANT TO SUBDIVISION SIX
OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY. IF THE
DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
IN FORTY-FIVE DAYS OF RECEIPT OF THE APPLICATION AND THE COURT DETER-
MINES THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING SET FORTH IN
THIS SECTION AND THAT SEALING IS IN THE INTEREST OF JUSTICE, THE COURT
MAY ORDER THAT THE RECORD BE CONDITIONALLY SEALED IN THE MANNER SET
FORTH IN THIS SECTION AND NOTIFY THE DIVISION OF CRIMINAL JUSTICE
SERVICES OF THE SAME. IF THE DISTRICT ATTORNEY OPPOSES THE APPLICATION,
THE COURT SHALL SCHEDULE A HEARING UPON NOTICE TO ALL PARTIES. IF THE
COURT, AT THE CONCLUSION OF THE HEARING DETERMINES BY A PREPONDERANCE OF
S. 2006--A 121 A. 3006--A
THE EVIDENCE THAT SUCH CONVICTION SHOULD BE SEALED IN THE INTEREST OF
JUSTICE, THE COURT SHALL ORDER THAT THE CONVICTION BE SEALED AND NOTIFY
THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE
SAME.
S 68. Section 180.75 of the criminal procedure law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
S 180.75 Proceedings upon felony complaint; juvenile offender.
1. When THE YOUTH PART OF A SUPERIOR COURT IS NOT IN SESSION AND a
juvenile offender is arraigned before [a local criminal court] THE MOST
ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART, the
provisions of this section shall apply in lieu of the provisions of
sections 180.30, 180.50 and 180.70 of this article.
2. If the defendant waives a hearing upon the felony complaint, the
court must [order that the defendant be held for the action of the grand
jury of the appropriate superior court with respect to the charge or
charges contained in the felony complaint] TRANSFER THE ACTION TO THE
YOUTH PART OF THE SUPERIOR COURT. In such case the court must promptly
transmit to such YOUTH PART OF THE superior court the order, the felony
complaint, the supporting depositions and all other pertinent documents.
Until such papers are received by the YOUTH PART OF THE superior court,
the action is deemed to be still pending in the [local criminal court]
COURT DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE
APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART.
3. If there be a hearing, then at the conclusion of the hearing, the
court must dispose of the felony complaint as follows:
(a) If there is reasonable cause to believe that the defendant commit-
ted a crime for which a person under the age of [sixteen] 17 OR,
COMMENCING JANUARY 1, 2018, A PERSON UNDER THE AGE OF 18 is criminally
responsible, the court must [order that the defendant be held for the
action of a grand jury of the appropriate superior court] TRANSFER THE
ACTION TO THE YOUTH PART OF THE SUPERIOR COURT, and it must promptly
transmit to such superior court the order, the felony complaint, the
supporting depositions and all other pertinent documents. Until such
papers are received by the superior court, the action is deemed to be
still pending in the COURT DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART [local
criminal court]; or
(b) If there is not reasonable cause to believe that the defendant
committed a crime for which a person under the age of [sixteen] 17, OR
COMMENCING JANUARY 1, 2018, A PERSON UNDER THE AGE OF EIGHTEEN, is
criminally responsible but there is reasonable cause to believe that the
defendant is a "juvenile delinquent" as defined in subdivision one of
section 301.2 of the family court act, the court must specify the act or
acts it found reasonable cause to believe the defendant did and direct
that the action be removed to the family court in accordance with the
provisions of article seven hundred twenty-five of this chapter; or
(c) If there is not reasonable cause to believe that the defendant
committed any criminal act, the court must dismiss the felony complaint
and discharge the defendant from custody if he is in custody, or if he
is at liberty on bail, it must exonerate the bail.
[4. Notwithstanding the provisions of subdivisions two and three of
this section, a local criminal court shall, at the request of the
district attorney, order removal of an action against a juvenile offen-
der to the family court pursuant to the provisions of article seven
hundred twenty-five of this chapter if, upon consideration of the crite-
S. 2006--A 122 A. 3006--A
ria specified in subdivision two of section 210.43 of this chapter, it
is determined that to do so would be in the interests of justice.
Where, however, the felony complaint charges the juvenile offender with
murder in the second degree as defined in section 125.25 of the penal
law, rape in the first degree as defined in subdivision one of section
130.35 of the penal law, criminal sexual act in the first degree as
defined in subdivision one of section 130.50 of the penal law, or an
armed felony as defined in paragraph (a) of subdivision forty-one of
section 1.20 of this chapter, a determination that such action be
removed to the family court shall, in addition, be based upon a finding
of one or more of the following factors: (i) mitigating circumstances
that bear directly upon the manner in which the crime was committed; or
(ii) where the defendant was not the sole participant in the crime, the
defendant's participation was relatively minor although not so minor as
to constitute a defense to the prosecution; or (iii) possible deficien-
cies in proof of the crime.
5. Notwithstanding the provisions of subdivision two, three, or four,
if a currently undetermined felony complaint against a juvenile offender
is pending in a local criminal court, and the defendant has not waived a
hearing pursuant to subdivision two and a hearing pursuant to subdivi-
sion three has not commenced, the defendant may move in the superior
court which would exercise the trial jurisdiction of the offense or
offenses charged were an indictment therefor to result, to remove the
action to family court. The procedural rules of subdivisions one and two
of section 210.45 of this chapter are applicable to a motion pursuant to
this subdivision. Upon such motion, the superior court shall be author-
ized to sit as a local criminal court to exercise the preliminary juris-
diction specified in subdivisions two and three of this section, and
shall proceed and determine the motion as provided in section 210.43 of
this chapter; provided, however, that the exception provisions of para-
graph (b) of subdivision one of such section 210.43 shall not apply when
there is not reasonable cause to believe that the juvenile offender
committed one or more of the crimes enumerated therein, and in such
event the provisions of paragraph (a) thereof shall apply.
6. (a) If the court orders removal of the action to family court, it
shall state on the record the factor or factors upon which its determi-
nation is based, and the court shall give its reasons for removal in
detail and not in conclusory terms.
(b) the district attorney shall state upon the record the reasons for
his consent to removal of the action to the family court where such
consent is required. The reasons shall be stated in detail and not in
conclusory terms.
(c) For the purpose of making a determination pursuant to subdivision
four or five, the court may make such inquiry as it deems necessary. Any
evidence which is not legally privileged may be introduced. If the
defendant testifies, his testimony may not be introduced against him in
any future proceeding, except to impeach his testimony at such future
proceeding as inconsistent prior testimony.
(d) Where a motion for removal by the defendant pursuant to subdivi-
sion five has been denied, no further motion pursuant to this section or
section 210.43 of this chapter may be made by the juvenile offender with
respect to the same offense or offenses.
(e) Except as provided by paragraph (f), this section shall not be
construed to limit the powers of the grand jury.
(f) Where a motion by the defendant pursuant to subdivision five has
been granted, there shall be no further proceedings against the juvenile
S. 2006--A 123 A. 3006--A
offender in any local or superior criminal court for the offense or
offenses which were the subject of the removal order.]
S 68-a. The first undesignated paragraph of section 180.80 of the
criminal procedure law, as amended by chapters 556 and 557 of the laws
of 1982, are amended to read as follows:
Upon application of a defendant against whom a felony complaint has
been filed with a local criminal court OR THE YOUTH PART OF A SUPERIOR
COURT, and who, since the time of his arrest or subsequent thereto, has
been held in custody pending disposition of such felony complaint, and
who has been confined in such custody for a period of more than one
hundred twenty hours or, in the event that a Saturday, Sunday or legal
holiday occurs during such custody, one hundred forty-four hours, with-
out either a disposition of the felony complaint or commencement of a
hearing thereon, the [local criminal] court must release him on his own
recognizance unless:
S 69. Subdivisions (a) and (b) of section 190.71 of the criminal
procedure law, subdivision (a) as amended by chapter 7 of the laws of
2007, subdivision (b) as added by chapter 481 of the laws of 1978, are
amended to read as follows:
(a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person fourteen
[or], fifteen, SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, SEVENTEEN years of age for any conduct or crime other than conduct
constituting a crime defined in subdivisions one and two of section
125.25 (murder in the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is one
for which such person is criminally responsible; 135.25 (kidnapping in
the first degree); 150.20 (arson in the first degree); subdivisions one
and two of section 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); subdivisions one and two of section
130.35 (rape in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the first degree); 130.70 (aggravated
sexual abuse in the first degree); 140.30 (burglary in the first
degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; subdivision four of section 265.02 of the
penal law, where such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or section 265.03 of the penal law, where such machine gun or such
firearm is possessed on school grounds, as that phrase is defined in
subdivision fourteen of section 220.00 of the penal law; or defined in
the penal law as an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law;
(III) A PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT
CONSTITUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW;
A CRIME THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A
FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT
BE EIGHTEEN YEARS OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING
SECTIONS OF THE PENAL LAW: SECTION 120.03 (VEHICULAR ASSAULT IN THE
S. 2006--A 124 A. 3006--A
SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A
(AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE);
125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR
MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN
THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15
(MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST
DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A
WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN
WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY
RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE)
PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING
IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPER-
ING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL
PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON
IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS
CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION
130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY;
ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF
SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM;
ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE
PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF
SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE
UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON
IS CRIMINALLY RESPONSIBLE.
(b) A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person [thirteen, fourteen or fifteen]
SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN
years of age OR YOUNGER did an act which, if done by a person over the
age of sixteen, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN,
SEVENTEEN, would constitute a crime provided (1) such act is one for
which it may not indict; (2) it does not indict such person for a crime;
and (3) the evidence before it is legally sufficient to establish that
such person did such act and competent and admissible evidence before it
provides reasonable cause to believe that such person did such act.
S 70. Subdivision 6 of section 200.20 of the criminal procedure law,
as added by chapter 136 of the laws of 1980, is amended to read as
follows:
6. Where an indictment charges at least one offense against a defend-
ant who was under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY
FIRST, TWO THOUSAND EIGHTEEN, EIGHTEEN at the time of the commission of
the crime and who did not lack criminal responsibility for such crime by
reason of infancy, the indictment may, in addition, charge in separate
counts one or more other offenses for which such person would not have
been criminally responsible by reason of infancy, if:
(a) the offense for which the defendant is criminally responsible and
the one or more other offenses for which he OR SHE would not have been
criminally responsible by reason of infancy are based upon the same act
or upon the same criminal transaction, as that term is defined in subdi-
vision two of section 40.10 of this chapter; or
(b) the offenses are of such nature that either proof of the first
offense would be material and admissible as evidence in chief upon a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
S. 2006--A 125 A. 3006--A
S 71. The opening paragraph of subdivision 1 and subdivision 5 of
section 210.43 of the criminal procedure law; as added by chapter 411 of
the laws of 1979, are amended to read as follows:
After [a motion by a juvenile offender, pursuant to subdivision five
of section 180.75 of this chapter, or after] arraignment of a juvenile
offender upon an indictment, the superior court may, on motion of any
party or on its own motion:
[5. a. If the court orders removal of the action to family court, it
shall state on the record the factor or factors upon which its determi-
nation is based, and, the court shall give its reasons for removal in
detail and not in conclusory terms.
b. The district attorney shall state upon the record the reasons for
his consent to removal of the action to the family court. The reasons
shall be stated in detail and not in conclusory terms.]
S 72. Paragraph (g) of subdivision 5 of section 220.10 of the criminal
procedure law, as amended by chapter 410 of the laws of 1979, subpara-
graph (iii) as amended by chapter 264 of the laws of 2003, the second
undesignated paragraph as amended by chapter 920 of the laws of the laws
of 1982 and the closing paragraph as amended by chapter 411 of the laws
of 1979, is amended to read as follows:
(g) Where the defendant is a juvenile offender, the provisions of
paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
any plea entered pursuant to subdivision three or four of this section,
must be as follows:
(i) If the indictment charges a person fourteen [or], fifteen OR
SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN
years old with the crime of murder in the second degree any plea of
guilty entered pursuant to subdivision three or four must be a plea of
guilty of a crime for which the defendant is criminally responsible;
(ii) If the indictment does not charge a crime specified in subpara-
graph (i) of this paragraph, then any plea of guilty entered pursuant to
subdivision three or four of this section must be a plea of guilty of a
crime for which the defendant is criminally responsible unless a plea of
guilty is accepted pursuant to subparagraph (iii) of this paragraph;
(iii) Where the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best be
served by removal of the action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder in the
second degree, or a fourteen [or], fifteen OR SIXTEEN YEAR OLD, OR
COMMENCING JANUARY FIRST TWO THOUSAND EIGHTEEN, SEVENTEEN year old with
the crimes of rape in the first degree as defined in subdivision one of
section 130.35 of the penal law, or criminal sexual act in the first
degree as defined in subdivision one of section 130.50 of the penal law,
or an armed felony as defined in paragraph (a) of subdivision forty-one
of section 1.20 of this chapter specific factors, one or more of which
reasonably supports the recommendation, showing, (i) mitigating circum-
stances that bear directly upon the manner in which the crime was
committed, or (ii) where the defendant was not the sole participant in
the crime, that the defendant's participation was relatively minor
although not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime, or (iv) where the
juvenile offender has no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section 301.2
S. 2006--A 126 A. 3006--A
of the family court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part of a
pattern of criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
If the court is of the opinion based on specific factors set forth in
the district attorney's memorandum that the interests of justice would
best be served by removal of the action to the family court, a plea of
guilty of a crime or act for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of this
section, except that a thirteen year old charged with the crime of
murder in the second degree may only plead to a designated felony act,
as defined in subdivision eight of section 301.2 of the family court
act.
Upon accepting any such plea, the court must specify upon the record
the portion or portions of the district attorney's statement the court
is relying upon as the basis of its opinion and that it believes the
interests of justice would best be served by removal of the proceeding
to the family court. Such plea shall then be deemed to be a juvenile
delinquency fact determination and the court upon entry thereof must
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter.
S 72-a. Subdivision 2 of section 410.40 of the criminal procedure law
is amended to read as follows:
2. Warrant. (A) Where the probation officer has requested that a
probation warrant be issued, the court shall, within seventy-two hours
of its receipt of the request, issue or deny the warrant or take any
other lawful action including issuance of a notice to appear pursuant to
subdivision one of this section. If at any time during the period of a
sentence of probation or of conditional discharge the court has reason-
able grounds to believe that the defendant has violated a condition of
the sentence, the court may issue a warrant to a police officer or to an
appropriate peace officer directing him or her to take the defendant
into custody and bring the defendant before the court without unneces-
sary delay; provided, however, if the court in which the warrant is
returnable is a superior court, and such court is not available, and the
warrant is addressed to a police officer or appropriate probation offi-
cer certified as a peace officer, such executing officer may UNLESS
OTHERWISE SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, bring the
defendant to the local correctional facility of the county in which such
court sits, to be detained there until not later than the commencement
of the next session of such court occurring on the next business day; or
if the court in which the warrant is returnable is a local criminal
court, and such court is not available, and the warrant is addressed to
a police officer or appropriate probation officer certified as a peace
officer, such executing officer must without unnecessary delay bring the
defendant before an alternate local criminal court, as provided in
subdivision five of section 120.90 of this chapter. A court which issues
such a warrant may attach thereto a summary of the basis for the
warrant. In any case where a defendant arrested upon the warrant is
brought before a local criminal court other than the court in which the
warrant is returnable, such local criminal court shall consider such
summary before issuing a securing order with respect to the defendant.
(B) IF THE COURT IN WHICH THE WARRANT IS RETURNABLE IS A SUPERIOR
COURT, AND SUCH COURT IS NOT AVAILABLE, AND THE WARRANT IS ADDRESSED TO
A POLICE OFFICER OR APPROPRIATE PROBATION OFFICER CERTIFIED AS A PEACE
OFFICER, SUCH EXECUTING OFFICER SHALL, WHERE A DEFENDANT IS SIXTEEN
S. 2006--A 127 A. 3006--A
YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR A VIOLATION
OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR AN OFFENSE
ON OR AFTER JANUARY 1, 2017, OR WHERE A DEFENDANT IS SEVENTEEN YEARS OF
AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR A VIOLATION OF HIS OR
HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR AN OFFENSE ON OR
AFTER JANUARY 1, 2018, BRING THE DEFENDANT TO A JUVENILE DETENTION
FACILITY, TO BE DETAINED THERE UNTIL NOT LATER THAN THE COMMENCEMENT OF
THE NEXT SESSION OF SUCH COURT OCCURRING ON THE NEXT BUSINESS DAY.
S 73. Section 410.60 of the criminal procedure law, as amended by
chapter 652 of the laws of 2008, is amended to read as follows:
S 410.60 Appearance before court.
(A) A person who has been taken into custody pursuant to section
410.40 or section 410.50 of this article for violation of a condition of
a sentence of probation or a sentence of conditional discharge must
forthwith be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit him OR HER to the custody of the sheriff or fix
bail or release such person on his OR HER own recognizance for future
appearance at a hearing to be held in accordance with section 410.70 of
this article. If the court does not have reasonable cause to believe
that such person has violated a condition of the sentence, it must
direct that he OR SHE be released.
(B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SECTION 410.40 OR SECTION 410.50 OF THIS ARTICLE FOR VIOLATION OF A
CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF CONDITIONAL
DISCHARGE MUST FORTHWITH BE BROUGHT BEFORE THE COURT THAT IMPOSED THE
SENTENCE. WHERE A VIOLATION OF PROBATION PETITION AND REPORT HAS BEEN
FILED AND THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT
BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR. IF THE COURT HAS
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
FIX BAIL OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR
FUTURE APPEARANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION
410.70 OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHOR-
IZE A JUVENILE TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD
NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
JUVENILE IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
SUCCESS. IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT
SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT
THAT THE JUVENILE BE RELEASED.
S 74. Subdivision 5 of section 410.70 of the criminal procedure law,
as amended by chapter 17 of the laws of 2014, is amended to read as
follows:
5. Revocation; modification; continuation. (A) At the conclusion of
the hearing the court may revoke, continue or modify the sentence of
probation or conditional discharge. Where the court revokes the
sentence, it must impose sentence as specified in subdivisions three and
S. 2006--A 128 A. 3006--A
four of section 60.01 of the penal law. Where the court continues or
modifies the sentence, it must vacate the declaration of delinquency and
direct that the defendant be released. If the alleged violation is
sustained and the court continues or modifies the sentence, it may
extend the sentence up to the period of interruption specified in subdi-
vision two of section 65.15 of the penal law, but any time spent in
custody in any correctional institution OR JUVENILE DETENTION FACILITY
pursuant to section 410.40 OR 410.60 of this article shall be credited
against the term of the sentence. Provided further, where the alleged
violation is sustained and the court continues or modifies the sentence,
the court may also extend the remaining period of probation up to the
maximum term authorized by section 65.00 of the penal law. Provided,
however, a defendant shall receive credit for the time during which he
or she was supervised under the original probation sentence prior to any
declaration of delinquency and for any time spent in custody pursuant to
this article for an alleged violation of probation.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING HEREIN
SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI-
TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS
THE COURT DETERMINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT
THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE
RECORD OR (II) THE JUVENILE IS ON PROBATION FOR AN ACT THAT WOULD
CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW
IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN
EXHAUSTED WITHOUT SUCCESS.
S 75. The criminal procedure law is amended by adding a new section
410.90-a to read as follows:
S 410.90-A SUPERIOR COURT; YOUTH PART.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS
RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE
SUPERIOR COURT HAVING JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER
THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT
TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER.
S 76. Section 510.15 of the criminal procedure law, as amended by
chapter 411 of the laws of 1979, subdivision 1 as designated and subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15 Commitment of principal under [sixteen] SEVENTEEN OR EIGHTEEN.
1. When a principal who is (A) under the age of sixteen; OR (B)
COMMENCING JANUARY 1, 2017 A PRINCIPAL WHO IS UNDER THE AGE OF SEVEN-
TEEN; OR (C) COMMENCING JANUARY 1, 2018, A PRINCIPAL WHO IS UNDER THE
AGE OF EIGHTEEN, is committed to the custody of the sheriff the court
must direct that the principal be taken to and lodged in a place certi-
fied by the state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES as a juvenile detention facility for the reception of children.
Where such a direction is made the sheriff shall deliver the principal
in accordance therewith and such person shall although lodged and cared
for in a juvenile detention facility continue to be deemed to be in the
custody of the sheriff. No principal under the age [of sixteen] SPECI-
FIED to whom the provisions of this section may apply shall be detained
in any prison, jail, lockup, or other place used for adults convicted of
a crime or under arrest and charged with the commission of a crime with-
out the approval of the [state division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES in the case of each principal and the statement of
its reasons therefor. The sheriff shall not be liable for any acts done
to or by such principal resulting from negligence in the detention of
S. 2006--A 129 A. 3006--A
and care for such principal, when the principal is not in the actual
custody of the sheriff.
2. Except upon consent of the defendant or for good cause shown, in
any case in which a new securing order is issued for a principal previ-
ously committed to the custody of the sheriff pursuant to this section,
such order shall further direct the sheriff to deliver the principal
from a juvenile detention facility to the person or place specified in
the order.
S 77. Subdivision 1 of section 720.10 of the criminal procedure law,
as amended by chapter 411 of the laws of 1979, is amended to read as
follows:
1. "Youth" means a person charged with a crime alleged to have been
committed when he was at least sixteen years old and less than [nine-
teen] TWENTY-ONE years old or a person charged with being a juvenile
offender as defined in subdivision forty-two of section 1.20 of this
chapter.
S 78. Subdivision 3 of section 720.15 of the criminal procedure law,
as amended by chapter 774 of the laws of 1985, is amended to read as
follows:
3. The provisions of subdivisions one and two of this section requir-
ing or authorizing the accusatory instrument filed against a youth to be
sealed, and the arraignment and all proceedings in the action to be
conducted in private shall not apply in connection with a pending charge
of committing any [felony] SEX offense as defined in the penal law. [The
provisions of subdivision one requiring the accusatory instrument filed
against a youth to be sealed shall not apply where such youth has previ-
ously been adjudicated a youthful offender or convicted of a crime.]
S 79. Subdivision 1 of section 720.20 of the criminal procedure law,
as amended by chapter 652 of the laws of 1974, is amended to read as
follows:
1. Upon conviction of an eligible youth, the court must order a pre-
sentence investigation of the defendant. After receipt of a written
report of the investigation and at the time of pronouncing sentence the
court must determine whether or not the eligible youth is a youthful
offender. Such determination shall be in accordance with the following
criteria:
(a) If in the opinion of the court the interest of justice would be
served by relieving the eligible youth from the onus of a criminal
record and by not imposing an indeterminate term of imprisonment of more
than four years, the court may, in its discretion, find the eligible
youth is a youthful offender; [and]
(b) Where the conviction is had in a local criminal court and the
eligible youth had not prior to commencement of trial or entry of a plea
of guilty been convicted of a crime or found a youthful offender, the
court must find he is a youthful offender[.]; AND
(C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED OR
ADJUDICATED FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH
NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY
DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF
JUSTICE REQUIRE OTHERWISE.
S 79-a. Subdivision 1 of section 720.35 of the criminal procedure law,
as amended by chapter 402 of the laws of 2014, is amended to read as
follows:
1. [A] EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION 60.10 OF THE
PENAL LAW, A youthful offender adjudication is not a judgment of
S. 2006--A 130 A. 3006--A
conviction for a crime or any other offense, and does not operate as a
disqualification of any person so adjudged to hold public office or
public employment or to receive any license granted by public authority
but shall be deemed a conviction only for the purposes of transfer of
supervision and custody pursuant to section two hundred fifty-nine-[m]
MM of the executive law. A defendant for whom a youthful offender adju-
dication was substituted, who was originally charged with prostitution
as defined in section 230.00 of the penal law or loitering for the
purposes of prostitution as defined in subdivision two of section 240.37
of the penal law provided that the person does not stand charged with
loitering for the purpose of patronizing a prostitute, for an offense
allegedly committed when he or she was sixteen or seventeen years of
age, shall be deemed a "sexually exploited child" as defined in subdivi-
sion one of section four hundred forty-seven-a of the social services
law and therefore shall not be considered an adult for purposes related
to the charges in the youthful offender proceeding or a proceeding under
section 170.80 of this chapter.
S 80. The criminal procedure law is amended by adding a new article
722 to read as follows:
ARTICLE 722
PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH
PART AND RELATED PROCEDURES
SECTION 722.00 PROBATION CASE PLANNING AND SERVICES.
722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
S 722.00 PROBATION CASE PLANNING AND SERVICES.
1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
MENT WITH RESPECT TO ANY JUVENILE RELEASED ON RECOGNIZANCE, RELEASED
UNDER SUPERVISION, OR POSTING BAIL FOLLOWING ARRAIGNMENT BY A YOUTH PART
WITHIN ITS JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVENILE TO
REPORT WITHIN SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR
PURPOSES OF ASSESSMENT. BASED UPON THE ASSESSMENT FINDINGS, THE
PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIALIZED
AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO
ADDRESS INDIVIDUAL NEEDS.
2. ANY JUVENILE UNDERGOING SERVICES SHALL EXECUTE APPROPRIATE AND
NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE PROBATION
DEPARTMENT MAY COMMUNICATE WITH ANY SERVICE PROVIDER AND RECEIVE
PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR DELIVERED
INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST
RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE COMPLI-
ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
ENTERING INTO A VOLUNTARY WRITTEN/FORMAL CASE PLAN AS TO TERMS AND
CONDITIONS TO BE MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
ALCOHOL, SUBSTANCE ABUSE, OR MENTAL HEALTH TESTING, PARTICIPATING IN
SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
ATTENDANCE, WHERE APPLICABLE.
4. WHEN PREPARING A PRE-SENTENCE INVESTIGATION REPORT OF ANY SUCH
YOUTH, THE PROBATION DEPARTMENT SHALL INCORPORATE A SUMMARY OF THE
ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT-
ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS.
S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
S. 2006--A 131 A. 3006--A
JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. JUDGES PRESID-
ING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS,
INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT
AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
CENTS. THE YOUTH PART SHALL HAVE EXCLUSIVE JURISDICTION OF ALL
PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS, EXCEPT AS PROVIDED IN
SECTION 180.75 OF THIS ARTICLE.
S 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT.
1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART OR TRANS-
FERRED TO A YOUTH PART PURSUANT TO SECTION 180.75 OF THIS CHAPTER, THE
PROVISIONS OF THIS SECTION SHALL APPLY.
2. THE YOUTH PART SHALL HOLD A HEARING ON THE COMPLAINT UNLESS THE
DEFENDANT WAIVES A HEARING. IF THE DEFENDANT WAIVES A HEARING THE COURT
MUST ORDER THAT THE DEFENDANT BE HELD FOR ACTION OF THE GRAND JURY. AT
THE CONCLUSION OF THE HEARING, THE COURT MUST DISPOSE OF THE FELONY
COMPLAINT AS FOLLOWS:
(A) IF THERE IS REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMIT-
TED A CRIME FOR WHICH A PERSON UNDER THE AGE OF SEVENTEEN OR, COMMENCING
JANUARY 1, 2018, A PERSON UNDER EIGHTEEN IS CRIMINALLY RESPONSIBLE, THE
COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF A GRAND
JURY; OR
(B) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF SEVENTEEN OR,
COMMENCING JANUARY 1, 2018, A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMI-
NALLY RESPONSIBLE BUT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE
DEFENDANT IS A "JUVENILE DELINQUENT", AS DEFINED IN SUBDIVISION ONE OF
SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST SPECIFY THE ACT OR
ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFENDANT DID AND DIRECT
THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE; OR
(C) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY COMPLAINT
AND DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR
IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
A YOUTH PART SHALL, (A) ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE
OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 160.10; AND A JUVENILE OFFENDER ACCUSED OF COMMIT-
TING A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL
LAW AT AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, AT
AGE SIXTEEN OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS
NOT CRIMINALLY RESPONSIBLE, TO THE FAMILY COURT PURSUANT TO THE
PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER IF,
AFTER CONSIDERATION OF THE FACTORS SET FORTH IN PARAGRAPH (C) OF THIS
SUBDIVISION, THE COURT DETERMINES THAT TO DO SO WOULD BE IN THE INTER-
ESTS OF JUSTICE. PROVIDED, HOWEVER, THAT THE COURT SHALL FIND THAT SUCH
REMOVAL IS NOT IN THE INTERESTS OF JUSTICE IF THE DISTRICT ATTORNEY
PROVES, BY A PREPONDERANCE OF THE EVIDENCE THAT THE YOUTH PLAYED A
PRIMARY ROLE IN COMMISSION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO THE YOUTH'S USE OF A WEAPON, ARE PRESENT.
(B) AT THE REQUEST OF THE DISTRICT ATTORNEY, ORDER REMOVAL OF AN ACTION
AGAINST A JUVENILE OFFENDER, OTHER THAN AN ACTION SUBJECT TO PARAGRAPH
(A) OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS
OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER IF, UPON CONSIDER-
ATION OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, IT
S. 2006--A 132 A. 3006--A
IS DETERMINED THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. WHERE,
HOWEVER, THE FELONY COMPLAINT CHARGES THE JUVENILE OFFENDER CHARGED WITH
MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL
LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION
130.35 OF THE PENAL LAW; CRIMINAL SEXUAL ACT IN THE FIRST DEGREE, AS
DEFINED IN SUBDIVISION ONE OF SECTION 130.50 OF THE PENAL LAW; OR AN
ARMED FELONY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF
SECTION 1.20 OF THIS CHAPTER, A DETERMINATION THAT SUCH ACTION BE
REMOVED TO THE FAMILY COURT SHALL, IN ADDITION, BE BASED UPON A FINDING
OF ONE OR MORE OF THE FOLLOWING FACTORS: (I) MITIGATING CIRCUMSTANCES
THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED;
(II) WHERE THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME, THE
DEFENDANT'S PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS
TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE DEFICIEN-
CIES IN THE PROOF OF THE CRIME.
(C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE INDIVID-
UALLY AND COLLECTIVELY, THE FOLLOWING:
(I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
(II) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
(III) THE EVIDENCE OF GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT
TRIAL;
(IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT;
(V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE
AUTHORIZED FOR THE OFFENSE;
(VI) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE
SAFETY OR WELFARE OF THE COMMUNITY;
(VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE
CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM;
(VIII) WHERE THE COURT DEEMS IT APPROPRIATE, THE ATTITUDE OF THE
COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
(IX) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
(D) FOR THE PURPOSE OF MAKING A DETERMINATION PURSUANT TO THIS
SECTION, ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED.
IF THE DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED
AGAINST HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR
HER TESTIMONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
(E) THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
GRAND JURY.
4. IF AN ACTION IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, THE YOUTH PART SHALL HEAR THE CASE SITTING
AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFENDANT IS SIXTEEN
OR COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, SEVENTEEN YEARS OF
AGE THE YOUTH PART MAY RETAIN IT AS A JUVENILE DELINQUENCY PROCEEDING
FOR ALL PURPOSES, AND SHALL MAKE SUCH PROCEEDING FULLY SUBJECT TO THE
PROVISIONS AND GRANT ANY RELIEF AVAILABLE UNDER ARTICLE THREE OF THE
FAMILY COURT ACT.
S 81. The opening paragraph and subdivisions 2 and 3 of section 725.05
of the criminal procedure law, as added by chapter 481 of the laws of
1978, are amended to read as follows:
When a [court] YOUTH PART directs that an action or charge is to be
removed to the family court the [court] YOUTH PART must issue an order
of removal in accordance with this section. Such order must be as
follows:
S. 2006--A 133 A. 3006--A
2. Where the direction is authorized pursuant to paragraph (b) of
subdivision [three] TWO of section [180.75] 722.20 of this [chapter]
TITLE, it must specify the act or acts it found reasonable cause to
believe the defendant did.
3. Where the direction is authorized pursuant to subdivision [four]
THREE of section [180.75] 722.20 of this [chapter] TITLE, it must speci-
fy the act or acts it found reasonable cause to allege.
S 82. Section 725.20 of the criminal procedure law, as added by chap-
ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter
411 of the laws of 1979, is amended to read as follows:
S 725.20 Record of certain actions removed.
1. The provisions of this section shall apply in any case where an
order of removal to the family court is entered pursuant to a direction
authorized by subdivision [four] THREE of section [180.75] 722.20 OF
THIS TITLE, [or section 210.43,] or subparagraph (iii) of paragraph
[(h)] (G) of subdivision five of section 220.10 of this chapter, or
section 330.25 of this chapter.
2. When such an action is removed the court that directed the removal
must cause the following additional records to be filed with the clerk
of the county court or in the city of New York with the clerk of the
supreme court of the county wherein the action was pending and with the
division of criminal justice services:
(a) A certified copy of the order of removal;
(b) [Where the direction is one authorized by subdivision four of
section 180.75 of this chapter, a copy of the statement of the district
attorney made pursuant to paragraph (b) of subdivision six of section
180.75 of this chapter;
(c) Where the direction is authorized by section 180.75, a copy of
the portion of the minutes containing the statement by the court pursu-
ant to paragraph (a) of subdivision six of such section 180.75;
(d)] Where the direction is one authorized by subparagraph (iii) of
paragraph [(h)] (G) of subdivision five of section 220.10 or section
330.25 of this chapter, a copy of the minutes of the plea of guilty,
including the minutes of the memorandum submitted by the district attor-
ney and the court;
[(e) Where the direction is one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion of the minutes
containing the statement by the court pursuant to paragraph (a) of
subdivision five of section 210.43;
(f) Where the direction is one authorized by paragraph (b) of subdi-
vision one of section 210.43 of this chapter, a copy of that portion of
the minutes containing the statement of the district attorney made
pursuant to paragraph (b) of subdivision five of section 210.43;] and
[(g)] (C) In addition to the records specified in this subdivision,
such further statement or submission of additional information pertain-
ing to the proceeding in criminal court in accordance with standards
established by the commissioner of the division of criminal justice
services, subject to the provisions of subdivision three of this
section.
3. It shall be the duty of said clerk to maintain a separate file for
copies of orders and minutes filed pursuant to this section. Upon
receipt of such orders and minutes the clerk must promptly delete such
portions as would identify the defendant, but the clerk shall neverthe-
less maintain a separate confidential system to enable correlation of
the documents so filed with identification of the defendant. After
making such deletions the orders and minutes shall be placed within the
S. 2006--A 134 A. 3006--A
file and must be available for public inspection. Information permit-
ting correlation of any such record with the identity of any defendant
shall not be divulged to any person except upon order of a justice of
the supreme court based upon a finding that the public interest or the
interests of justice warrant disclosure in a particular cause for a
particular case or for a particular purpose or use.
S 83. Subdivision 1 of section 500-a of the correction law is amended
by adding a new paragraph (h) to read as follows:
(H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW COMMENCING JANUARY 1,
2017, NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON
UNDER THE AGE OF SEVENTEEN WHO IS SENTENCED FOR AN OFFENSE ON OR AFTER
JANUARY 1, 2017, AND, COMMENCING JANUARY 1, 2018, NO COUNTY JAIL SHALL
BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN WHO
IS SENTENCED FOR AN OFFENSE ON OR AFTER JANUARY 1, 2018. PLACEMENT OF
ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSUANT TO THIS
SUBDIVISION SHALL BE DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
S 84. Subdivision 4 of section 500-b of the correction law is
REPEALED.
S 85. Subparagraph 3 of paragraph (c) of subdivision 8 of section
500-b of the correction law is REPEALED.
S 86. Subdivision 13 of section 500-b of the correction law is
REPEALED.
S 87. Subparagraph 8 of paragraph h of subdivision 4 of section 1950
of the education law, as amended by section 1 of part G of chapter 58 of
the laws of 2014, is amended to read as follows:
(8) To enter into contracts with the commissioner of the office of
children and family services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to such office, for
the benefit of youth in its custody, any special education programs,
related services [and], career and technical education services AND ANY
OTHER PROGRAMS provided by the board of cooperative educational services
to component school districts. Any such proposed contract shall be
subject to the review and approval of the commissioner to determine that
it is an approved cooperative educational service. Services provided
pursuant to such contracts shall be provided at cost, and the board of
cooperative educational services shall not be authorized to charge any
costs incurred in providing such services to its component school
districts.
S 87-a. Subdivision 6-a of section 3202 of the education law, as
amended by part G of chapter 58 of the Laws of 2014, is amended to read
as follows:
6-a. Notwithstanding subdivision six of this section or any other law
to the contrary, the commissioner of the office of children and family
services shall be responsible for the secular education of youth under
the jurisdiction of the office and may contract for such education with
the trustees or board of education of the school district wherein a
facility for the residential care of such youth is located or with the
board of cooperative educational services at which any such school
district is a component district [for special education programs,
related services and career and technical education services] IN ACCORD-
ANCE WITH SUBPARAGRAPH (8) OF PARAGRAPH (H) OF SUBDIVISION FOUR OF
SECTION NINETEEN HUNDRED AND FIFTY OF THIS CHAPTER. A youth attending a
local public school while in residence at such facility shall be deemed
a resident of the school district where his parent or guardian resides
at the commencement of each school year for the purpose of determining
S. 2006--A 135 A. 3006--A
which school district shall be responsible for the youth's tuition
pursuant to section five hundred four of the executive law.
S 88. Subparagraph 1 of paragraph d of subdivision 3 of section 3214
of the education law, as amended by chapter 425 of the laws of 2002, is
amended to read as follows:
(1) Consistent with the federal gun-free schools act, any public
school pupil who is determined under this subdivision to have brought a
firearm to or possessed a firearm at a public school shall be suspended
for a period of not less than one calendar year and any nonpublic school
pupil participating in a program operated by a public school district
using funds from the elementary and secondary education act of nineteen
hundred sixty-five who is determined under this subdivision to have
brought a firearm to or possessed a firearm at a public school or other
premises used by the school district to provide such programs shall be
suspended for a period of not less than one calendar year from partic-
ipation in such program. The procedures of this subdivision shall apply
to such a suspension of a nonpublic school pupil. A superintendent of
schools, district superintendent of schools or community superintendent
shall have the authority to modify this suspension requirement for each
student on a case-by-case basis. The determination of a superintendent
shall be subject to review by the board of education pursuant to para-
graph c of this subdivision and the commissioner pursuant to section
three hundred ten of this chapter. Nothing in this subdivision shall be
deemed to authorize the suspension of a student with a disability in
violation of the individuals with disabilities education act or article
eighty-nine of this chapter. A superintendent shall refer the pupil
under the age of sixteen who has been determined to have brought a weap-
on or firearm to school in violation of this subdivision to a present-
ment agency for a juvenile delinquency proceeding consistent with arti-
cle three of the family court act except a student fourteen or fifteen
years of age who qualifies for juvenile offender status under subdivi-
sion forty-two of section 1.20 of the criminal procedure law; PROVIDED
HOWEVER, THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND SEVENTEEN, A
SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS
BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN
VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT AGENCY FOR A JUVENILE
DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER
SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND EIGH-
TEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF EIGHTEEN
WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN
VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT AGENCY FOR A JUVENILE
DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER
SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. A
superintendent shall refer any pupil sixteen years of age or older or a
student fourteen or fifteen years of age who qualifies for juvenile
offender status under subdivision forty-two of section 1.20 of the crim-
inal procedure law, who has been determined to have brought a weapon or
firearm to school in violation of this subdivision to the appropriate
law enforcement officials.
S 89. Paragraph e of subdivision 3 of section 3214 of the education
law, as amended by chapter 170 of the laws of 2006, is amended to read
as follows:
S. 2006--A 136 A. 3006--A
e. Procedure after suspension. Where a pupil has been suspended pursu-
ant to this subdivision and said pupil is of compulsory attendance age,
immediate steps shall be taken for his or her attendance upon instruc-
tion elsewhere or for supervision [or detention] of said pupil pursuant
to the provisions of article seven of the family court act. Where a
pupil has been suspended for cause, the suspension may be revoked by the
board of education whenever it appears to be for the best interest of
the school and the pupil to do so. The board of education may also
condition a student's early return to school and suspension revocation
on the pupil's voluntary participation in counseling or specialized
classes, including anger management or dispute resolution, where appli-
cable.
S 90. Paragraph b of subdivision 4 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, is amended to read
as follows:
b. The school authorities may institute proceedings before a court
having jurisdiction to determine the liability of a person in parental
relation to contribute towards the maintenance of a school delinquent
under [sixteen] SEVENTEEN years of age ordered to attend upon instruc-
tion under confinement. If the court shall find the person in parental
relation able to contribute towards the maintenance of such a minor, it
may issue an order fixing the amount to be paid weekly.
S 91. Subdivisions 3 and 4 of section 246 of the executive law, as
amended by section 10 of part D of chapter 56 of the laws of 2010, are
amended to read as follows:
3. Applications from counties or the city of New York for state aid
under this section shall be made by filing with the division of criminal
justice services, a detailed plan, including cost estimates covering
probation services for the fiscal year or portion thereof for which aid
is requested. Included in such estimates shall be clerical costs and
maintenance and operation costs as well as salaries of probation person-
nel, FAMILY ENGAGEMENT SPECIALISTS and such other pertinent information
as the commissioner of the division of criminal justice services may
require. Items for which state aid is requested under this section shall
be duly designated in the estimates submitted. The commissioner of the
division of criminal justice services, after consultation with the state
probation commission and the director of the office of probation and
correctional alternatives, shall approve such plan if it conforms to
standards relating to the administration of probation services as speci-
fied in the rules adopted by him or her.
4. A. An approved plan and compliance with standards relating to the
administration of probation services promulgated by the commissioner of
the division of criminal justice services shall be a prerequisite to
eligibility for state aid.
The commissioner of the division of criminal justice services may take
into consideration granting additional state aid from an appropriation
made for state aid for county probation services for counties or the
city of New York when a county or the city of New York demonstrates that
additional probation services were dedicated to intensive supervision
programs[,] AND intensive programs for sex offenders [or programs
defined as juvenile risk intervention services]. THE COMMISSIONER SHALL
GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE
RISK INTERVENTION SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
ARTICLE THREE OF THE FAMILY COURT ACT OR ARTICLE SEVEN HUNDRED
TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. The administration of such
S. 2006--A 137 A. 3006--A
additional grants shall be made according to rules and regulations
promulgated by the commissioner of the division of criminal justice
services. Each county and the city of New York shall certify the total
amount collected pursuant to section two hundred fifty-seven-c of this
chapter. The commissioner of the division of criminal justice services
shall thereupon certify to the comptroller for payment by the state out
of funds appropriated for that purpose, the amount to which the county
or the city of New York shall be entitled under this section. THE
COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR SUCH
PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
IN ACCORDANCE WITH ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL
PROCEDURE LAW.
B. COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, SUCH ADDITIONAL
STATE AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED
PERCENT OF THE EXPENDITURES FOR EVIDENCE-BASED PRACTICES AND JUVENILE
RISK AND EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH AGED
SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE
HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO
THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
S 91-a. The Executive Law is amended by adding a new section 259-p to
read as follows:
S 259-P. INTERSTATE DETENTION. (1) (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A DEFENDANT SUBJECT TO SECTION 259-MM OF THIS CHAPTER,
MAY BE DETAINED AS AUTHORIZED BY THE INTERSTATE COMPACT FOR ADULT OFFEN-
DER SUPERVISION.
(B) A DEFENDANT SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY,
EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION.
(C) (I) A DEFENDANT SIXTEEN YEARS OF AGE OR YOUNGER, WHO ALLEGEDLY
COMMITS A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION ON OR
AFTER JANUARY 1, 2017 OR (II) A DEFENDANT SEVENTEEN YEARS OF AGE OR
YOUNGER WHO ALLEGEDLY COMMITS A CRIMINAL ACT OR VIOLATION OF HIS OR HER
SUPERVISION ON OR AFTER JANUARY 1, 2018, SHALL BE DETAINED IN A JUVENILE
DETENTION FACILITY.
S 91-b. Subdivision 16 of section 296 of the executive law, as amended
by chapter 56 of the laws of 2009, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to [section]
SECTIONS 160.56 OR 160.58 of the criminal procedure law, in connection
with the licensing, employment or providing of credit or insurance to
such individual; provided, further, that no person shall be required to
divulge information pertaining to any arrest or criminal accusation of
such individual not then pending against that individual which was
S. 2006--A 138 A. 3006--A
followed by a termination of that criminal action or proceeding in favor
of such individual, as defined in subdivision two of section 160.50 of
the criminal procedure law, or by a youthful offender adjudication, as
defined in subdivision one of section 720.35 of the criminal procedure
law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law, or by a conviction which is sealed
pursuant to [section] SECTIONS 160.56 OR 160.58 of the criminal proce-
dure law. The provisions of this subdivision shall not apply to the
licensing activities of governmental bodies in relation to the regu-
lation of guns, firearms and other deadly weapons or in relation to an
application for employment as a police officer or peace officer as those
terms are defined in subdivisions thirty-three and thirty-four of
section 1.20 of the criminal procedure law; provided further that the
provisions of this subdivision shall not apply to an application for
employment or membership in any law enforcement agency with respect to
any arrest or criminal accusation which was followed by a youthful
offender adjudication, as defined in subdivision one of section 720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant to section 160.55 of the criminal procedure law, or by a
conviction which is sealed pursuant to [section] SECTIONS 160.56 OR
160.58 of the criminal procedure law.
S 92. Section 502 of the executive law, as added by chapter 465 of the
laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
Q of chapter 58 of the laws of 2011, is amended to read as follows:
S 502. Definitions. Unless otherwise specified in this article:
1. "Director" means the [director of the division for youth] COMMIS-
SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
2. ["Division] "DIVISION", "OFFICE" OR "DIVISION FOR YOUTH" means the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
3. "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three or seven of the family
court act, OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, PURSUANT
TO ARTICLE THREE OF THE FAMILY COURT ACT, or held pending a hearing for
alleged violation of the conditions of release from an office of chil-
dren and family services facility or authorized agency, or held pending
a hearing for alleged violation of the condition of parole OR POST-RE-
LEASE SUPERVISION as a juvenile offender, or held pending return to a
jurisdiction other than the one in which the youth is held, or held
pursuant to a securing order of a criminal court if the youth named
therein as principal is charged as a juvenile offender or held pending a
hearing on an extension of placement or held pending transfer to a
facility upon commitment or placement by a court. Only alleged or
convicted juvenile offenders who have not attained their eighteenth OR,
COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, THEIR TWENTY-FIRST
birthday shall be subject to detention in a detention facility.
4. For purposes of this article, the term "youth" shall [be synonymous
with the term "child" and means] MEAN a person not less than [seven] TEN
years of age and not more than twenty OR COMMENCING JANUARY FIRST, TWO
THOUSAND SEVENTEEN, NOT MORE THAN TWENTY-THREE years of age.
5. "Placement" means the transfer of a youth to the custody of the
[division] OFFICE pursuant to the family court act.
6. "Commitment" means the transfer of a youth to the custody of the
[division] OFFICE pursuant to the penal law.
7. "Conditional release" means the transfer of a youth from facility
status to aftercare supervision under the continued custody of the
[division] OFFICE.
S. 2006--A 139 A. 3006--A
8. "Discharge" means the termination of [division] OFFICE custody of a
youth.
9. "Aftercare" means supervision of a youth on conditional release OR
POST-RELEASE status under the continued custody of the division.
S 93. Subdivision 7 of section 503 of the executive law, as amended by
section 2 of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript of such record to the
office, social services district, or other agency taking custody of the
youth pursuant to article three [or seven] of the family court act,
before, or at the same time as the youth is delivered to the office,
district or other agency, as is appropriate.
S 94. Subdivision 1 of section 505 of the executive law, as amended by
chapter 465 of the laws of 1992, is amended to read as follows:
1. There shall be a facility director of each [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility
director shall be appointed by the [director] COMMISSIONER of the [divi-
sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be
in the noncompetitive class and designated as confidential as defined by
subdivision two-a of section forty-two of the civil service law. The
facility director shall have [two years] SUCH experience [in appropriate
titles in state government. Such facility director shall have such] AND
other qualifications as may be prescribed by the director OF CLASSIFICA-
TION AND COMPENSATION WITHIN THE DEPARTMENT OF CIVIL SERVICE IN CONSUL-
TATION WITH THE COMMISSIONER of the [division,] OFFICE OF CHILDREN AND
FAMILY SERVICES based on differences in duties, levels of responsibil-
ity, size and character of the facility, knowledge, skills and abilities
required, and other factors affecting the position [and]. SUCH FACILITY
DIRECTOR shall serve at the pleasure of the [director] COMMISSIONER of
the [division] OFFICE OF CHILDREN AND FAMILY SERVICES.
S 95. Section 507-a of the executive law, as amended by chapter 465 of
the laws of 1992, paragraph (a) of subdivision 1 as amended by chapter
309 of the laws of 1996, is amended to read as follows:
S 507-a. Placement and commitment; procedures. 1. Youth may be placed
in or committed to the custody of the [division] OFFICE OF CHILDREN AND
FAMILY SERVICES:
(a) for placement, as a juvenile delinquent pursuant to the family
court act; or
(b) for commitment pursuant to the penal law.
2. (a) Consistent with other provisions of law, only those youth who
have reached the age of [seven] TEN, but who have not reached the age of
twenty-one may be placed in[, committed to or remain in] the [divi-
sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.
(A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES AS A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
THE CUSTODY OF THE OFFICE DURING THE PERIOD OF HIS OR HER SENTENCE
BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION FIVE OF SECTION FIVE HUNDRED EIGHT OF THIS ARTICLE BUT IN NO
EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO HAVE COMMITTED A
DESIGNATED CLASS A FELONY ACT WHO IS RESTRICTIVELY PLACED WITH THE
S. 2006--A 140 A. 3006--A
OFFICE UNDER SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT
FOR COMMITTING AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY
REMAIN IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP
TO THE AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT
ORDER.
(A-2) Whenever it shall appear to the satisfaction of the [division]
OFFICE OF CHILDREN AND FAMILY SERVICES that any youth placed therewith
is not of proper age to be so placed or is not properly placed, or is
mentally or physically incapable of being materially benefited by the
program of the [division] OFFICE, the [division] OFFICE shall cause the
return of such youth to the county from which placement was made.
(b) The [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records provided to the [division]
OFFICE pursuant to section five hundred seven-b of this article, there
to be dealt with by the court in all respects as though no placement had
been made.
(c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the social
services district from which such youth was placed in the manner
provided by section five hundred twenty-nine of this article.
3. The [division] OFFICE may photograph any youth in its custody.
Such photograph may be used only for the purpose of assisting in the
return of conditionally released children and runaways pursuant to
section five hundred ten-b of this article. Such photograph shall be
destroyed immediately upon the discharge of the youth from [division]
OFFICE custody.
4. (a) A youth placed with or committed to the [division] OFFICE may,
immediately following placement or commitment, be remanded to an appro-
priate detention facility.
(b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
division] UNDER ITS CARE to a facility of the [division] OFFICE within
fifteen days of the date of the order of placement with the [division]
OFFICE and shall admit a juvenile offender committed to the [division]
OFFICE to a facility of the [division] OFFICE within ten days of the
date of the order of commitment to the [division] OFFICE, except as
provided in section five hundred seven-b of this article.
5. Consistent with other provisions of law, in the discretion of the
[director, youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT who
attain the age of eighteen while in [division] custody OF THE OFFICE AND
WHO ARE NOT REQUIRED TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY COURT may reside in a
non-secure facility until the age of twenty-one, provided that such
youth attend a full-time vocational or educational program and are like-
ly to benefit from such program.
S 96. Section 508 of the executive law, as added by chapter 481 of the
laws of 1978 and as renumbered by chapter 465 of the laws of 1992,
subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
2 as amended by chapter 572 of the laws of 1985, subdivisions 4, 5, 6
and 7 as amended by section 97 of subpart B of part C of chapter 62 of
the laws of 2011, subdivision 8 as added by chapter 560 of the laws of
1984 and subdivision 9 as added by chapter 7 of the laws of 2007, is
amended to read as follows:
S 508. Juvenile offender facilities. 1. The office of children and
family services shall maintain [secure] facilities for the care and
confinement of juvenile offenders committed [for an indeterminate,
S. 2006--A 141 A. 3006--A
determinate or definite sentence] TO THE OFFICE pursuant to the sentenc-
ing provisions of the penal law. Such facilities shall provide appropri-
ate services to juvenile offenders including but not limited to residen-
tial care, educational and vocational training, physical and mental
health services, and employment counseling.
1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES TO SERVE THE ADDITIONAL YOUTH PLACED WITH THE OFFICE AS A
RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE EXTENT
PRACTICABLE, CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM-
MING, SERVICES AND TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
IVE PEER RELATIONSHIPS.
2. Juvenile offenders COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities [until
the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
be released, discharged or permitted home visits except pursuant to the
provisions of this section.
[(a) The director of the division for youth may authorize the transfer
of a juvenile offender in his custody, who has been convicted of
burglary or robbery, to a school or center established and operated
pursuant to title three of this article at any time after the juvenile
offender has been confined in a division for youth secure facility for
one year or one-half of his minimum sentence, whichever is greater.
(b) The director of the division for youth may authorize the transfer
of a juvenile offender in his custody, who has been convicted of
burglary or robbery, and who is within ninety days of release as estab-
lished by the board of parole, to any facility established and operated
pursuant to this article.
(c) A juvenile offender may be transferred as provided in paragraphs
(a) and (b) herein, only after the director determines that there is no
danger to public safety and that the offender shall substantially bene-
fit from the programs and services of another division facility. In
determining whether there is a danger to public safety the director
shall consider: (i) the nature and circumstances of the offense includ-
ing whether any physical injury involved was inflicted by the offender
or another participant; (ii) the record and background of the offender;
and (iii) the adjustment of the offender at division facilities.
(d) For a period of six months after a juvenile offender has been
transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
der may have only accompanied home visits. After completing six months
of confinement following transfer from a secure facility, a juvenile
offender may not have an unaccompanied home visit unless two accompanied
home visits have already occurred. An "accompanied home visit" shall
mean a home visit during which the juvenile offender shall be accompa-
nied at all times while outside the facility by appropriate personnel of
the division for youth designated pursuant to regulations of the direc-
tor of the division.
(e) The director of the division for youth shall promulgate rules and
regulations including uniform standards and procedures governing the
transfer of juvenile offenders from secure facilities to other facili-
ties and the return of such offenders to secure facilities. The rules
and regulations shall provide a procedure for the referral of proposed
transfer cases by the secure facility director, and shall require a
determination by the facility director that transfer of a juvenile
offender to another facility is in the best interests of the division
S. 2006--A 142 A. 3006--A
for youth and the juvenile offender and that there is no danger to
public safety.
The rules and regulations shall further provide for the establishment
of a division central office transfer committee to review transfer cases
referred by the secure facility directors. The committee shall recommend
approval of a transfer request to the director of the division only upon
a clear showing by the secure facility director that the transfer is in
the best interests of the division for youth and the juvenile offender
and that there is no danger to public safety. In the case of the denial
of the transfer request by the transfer committee, the juvenile offender
shall remain at a secure facility. Notwithstanding the recommendation
for approval of transfer by the transfer committee, the director of the
division may deny the request for transfer if there is a danger to
public safety or if the transfer is not in the best interests of the
division for youth or the juvenile offender.
The rules and regulations shall further provide a procedure for the
immediate return to a secure facility, without a hearing, of a juvenile
offender transferred to another facility upon a determination by that
facility director that there is a danger to public safety.]
3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report
in writing to the sentencing court and district attorney, not less than
once every six months during the period of confinement, on the status,
adjustment, programs and progress of the offender.
4. [The office of children and family services may apply to the
sentencing court for permission to transfer a youth not less than
sixteen nor more than eighteen years of age to the department of
corrections and community supervision. Such application shall be made
upon notice to the youth, who shall be entitled to be heard upon the
application and to be represented by counsel. The court shall grant the
application if it is satisfied that there is no substantial likelihood
that the youth will benefit from the programs offered by the office
facilities.
5.] The office of children and family services may transfer an offen-
der not less than eighteen [nor more than twenty-one] years of age to
the department of corrections and community supervision if the commis-
sioner of the office certifies to the commissioner of corrections and
community supervision that there is no substantial likelihood that the
youth will benefit from the programs offered by office facilities.
[6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH-
DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
transferred AT AGE TWENTY-ONE to the custody of the department of
corrections and community supervision for confinement pursuant to the
correction law.
[7.] (B) ALL OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING A CRIME
ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT ON THEIR
SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE CUSTODY OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR CONFINEMENT
PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF CARE IN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE BASIS THAT
THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE THEIR
SENTENCE. IN MAKING SUCH A DETERMINATION, THE FACTORS THE OFFICE MAY
CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH, THE
S. 2006--A 143 A. 3006--A
AMOUNT OF TIME REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM, THE YOUTH'S EDUCA-
TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
THROUGH THE OFFICE AND THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
YOUTH'S POST-RELEASE SUPERVISION SENTENCE. NOTHING IN THIS PARAGRAPH
SHALL AUTHORIZE A YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY.
(C) COMMENCING JANUARY 1, 2017, ALL JUVENILE OFFENDERS WHO ARE ELIGI-
BLE TO BE RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL-
ITY BEFORE THEY ARE REQUIRED TO BE TRANSFERRED TO THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION AND WHO ARE ABLE TO COMPLETE THE
FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES BEFORE THEY TURN
TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR POST-RELEASE SUPERVISION.
(D) COMMENCING JANUARY 1, 2017, ALL JUVENILE OFFENDERS RELEASED FROM
AN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE
TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPER-
VISION SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL BE
UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD OF SENTENCE,
OR EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE SUPERVISION AS
THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE SHALL ASSIST SUCH
DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPERVISION.
6. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except that his OR HER parole, POST-RELEASE SUPERVISION, temporary
release and discharge shall be governed by the laws applicable to
inmates of state correctional facilities and his OR HER transfer to
state hospitals in the office of mental health shall be governed by
section five hundred nine of this chapter. The commissioner of the
office of children and family services shall, however, establish and
operate temporary release programs at office of children and family
services facilities AND PROVIDE POST-RELEASE SUPERVISION for eligible
juvenile offenders and [contract with the department of corrections and
community supervision for the provision of parole] PROVIDE supervision
[services] for temporary releasees AND JUVENILES ON POST-RELEASE SUPER-
VISION. The rules and regulations for these programs shall not be
inconsistent with the laws for temporary release AND POST-RELEASE SUPER-
VISION applicable to inmates of state correctional facilities. For the
purposes of temporary release programs for juvenile offenders only, when
referred to or defined in article twenty-six of the correction law,
"institution" shall mean any facility designated by the commissioner of
the office of children and family services, "department" shall mean the
office of children and family services, "inmate" shall mean a juvenile
offender residing in an office of children and family services facility,
and "commissioner" shall mean the [director] COMMISSIONER of the office
of children and family services. FOR THE PURPOSES OF SUCH POST-RELEASE
SUPERVISION FOR JUVENILE OFFENDERS UNDER PARAGRAPH (C) OF SUBDIVISION
FIVE OF THIS SECTION ONLY, WHEN REFERRED TO IN SECTION 70.45 OF THE
PENAL LAW OR ARTICLE TWELVE-B OF THE EXECUTIVE LAW, THE TERM "DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION", "DEPARTMENT", "DIVISION OF
PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE
OF CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL MEAN
THE OFFICE OF CHILDREN AND FAMILY SERVICES. Time spent in office of
children and family services facilities and in juvenile detention facil-
S. 2006--A 144 A. 3006--A
ities shall be credited towards the sentence imposed in the same manner
and to the same extent applicable to inmates of state correctional
facilities.
[8] 7. Whenever a juvenile offender or a juvenile offender adjudi-
cated a youthful offender shall be delivered to the director of [a divi-
sion for youth] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility
pursuant to a commitment to the [director of the division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so delivering such
person shall deliver to such facility director a certified copy of the
sentence received by such officer from the clerk of the court by which
such person shall have been sentenced, a copy of the report of the
probation officer's investigation and report, any other pre-sentence
memoranda filed with the court, a copy of the person's fingerprint
records, a detailed summary of available medical records, psychiatric
records and reports relating to assaults, or other violent acts,
attempts at suicide or escape by the person while in the custody of a
local detention facility.
[9] 8. Notwithstanding any provision of law, including section five
hundred one-c of this article, the office of children and family
services shall make records pertaining to a person convicted of a sex
offense as defined in subdivision (p) of section 10.03 of the mental
hygiene law available upon request to the commissioner of mental health
or the commissioner of [mental retardation and] THE OFFICE FOR PERSONS
WITH developmental disabilities, as appropriate; a case review panel;
and the attorney general; in accordance with the provisions of article
ten of the mental hygiene law.
S 97. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive
law, subdivisions 1, 4 and 5 as added by chapter 906 of the laws of
1973, paragraph (c) of subdivision 1 as amended and paragraph (d) of
subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
as added by chapter 258 of the laws of 1974, are amended to read as
follows:
1. Definitions. As used in this section:
(a) "authorized agency", "certified boarding home", "local charge" and
"state charge" shall have the meaning ascribed to such terms by the
social services law;
(b) "aftercare supervision" shall mean supervision of released or
discharged youth, not in foster care; and,
(c) "foster care" shall mean residential care, maintenance and super-
vision provided TO released or discharged youth, or youth otherwise in
the custody of the [division for youth, in a division foster family home
certified by the division.
(d) "division foster family home" means a service program provided in
a home setting available to youth under the jurisdiction of the division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
2. [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS
SECTION, EXPENDITURES made by the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
youth, including alleged and adjudicated juvenile delinquents [and
persons in need of supervision,] placed or referred, pursuant to titles
two or three of this article, and juvenile offenders committed pursuant
to section 70.05 of the penal law, in the [division's] OFFICE'S programs
and facilities, shall be subject to reimbursement to the state by the
social services district from which the youth was placed or by the
S. 2006--A 145 A. 3006--A
social services district in which the juvenile offender resided at the
time of commitment, in accordance with this section and the regulations
of the [division,] OFFICE as follows: fifty percent of the amount
expended for care, maintenance and supervision of local charges includ-
ing juvenile offenders.
[4. Expenditures made by the division for youth] 3. THE COSTS for
foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
shall be [subject to reimbursement to the state by] THE RESPONSIBILITY
OF the social services district from which the youth was placed, AND
SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
regulations of the division, as follows: fifty percent of the amount
expended for care, maintenance and supervision of local charges] SECTION
ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
[5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF
THIS SECTION, EXPENDITURES made by the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES for aftercare supervision shall be subject
to reimbursement to the state by the social services district from which
the youth was placed, in accordance with regulations of the [division]
OFFICE, as follows: fifty percent of the amount expended for aftercare
supervision of local charges.
(b) Expenditures made by social services districts for aftercare
supervision of adjudicated juvenile delinquents [and persons in need of
supervision provided (prior to the expiration of the initial or extended
period of placement or commitment) by the aftercare staff of the facili-
ty from which the youth has been released or discharged, other than
those under the jurisdiction of the division for youth, in which said
youth was placed or committed, pursuant to directions of the family
court,] shall be subject to reimbursement by the state[, upon approval
by the division and in accordance with its regulations, as follows:
(1) the full amount expended by the district for aftercare supervision
of state charges;
(2) fifty percent of the amount expended by the district for aftercare
supervision of local charges] IN ACCORDANCE WITH SECTION ONE HUNDRED
FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
(c) Expenditures made by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES for contracted programs and contracted services
pursuant to subdivision seven of section five hundred one of this arti-
cle, except with respect to urban homes and group homes, shall be
subject to reimbursement to the state by the social services district
from which the youth was placed, in accordance with this section and the
regulations of the [division] OFFICE as follows: fifty percent of the
amount expended for the operation and maintenance of such programs and
services.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
REIMBURSEMENT SHALL BE REQUIRED FROM A SOCIAL SERVICES DISTRICT FOR
EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ON OR
AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN FOR THE CARE, MAINTENANCE,
SUPERVISION OR AFTERCARE SUPERVISION OF YOUTH AGE SIXTEEN YEARS OF AGE
OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE ABSENT THE PROVISIONS
OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE
OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR THAT AUTHORIZED
THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES OF
CERTAIN OTHER YOUTH WHO COMMITTED A CRIME ON OR AFTER THEIR SIXTEENTH
BIRTHDAYS.
S. 2006--A 146 A. 3006--A
5-a. The social services district responsible for reimbursement to the
state shall remain the same if during a period of placement or extension
thereof, a child commits a criminal act while in [a division] AN OFFICE
OF CHILDREN AND FAMILY SERVICES facility, during an authorized absence
therefrom or after absconding therefrom and is returned to the [divi-
sion] OFFICE following adjudication or conviction for the act by a court
with jurisdiction outside the boundaries of the social services district
which was responsible for reimbursement to the state prior to such adju-
dication or conviction.
S 98. Subdivision 1, the opening paragraph of subdivision 2 and
subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
529-b of the executive law, as added by section 3 of subpart B of part Q
of chapter 58 of the laws of 2011, are amended to read as follows:
1. (a) Notwithstanding any provision of law to the contrary, eligible
expenditures by an eligible municipality for services to divert youth at
risk of, alleged to be, or adjudicated as juvenile delinquents [or
persons alleged or adjudicated to be in need of supervision], or youth
alleged to be or convicted as juvenile offenders from placement in
detention or in residential care OR TO DIVERT PERSONS ALLEGED OR ADJUDI-
CATED TO BE IN NEED OF SUPERVISION FROM BEING PLACED AWAY FROM THEIR
HOMES, shall be subject to state reimbursement under the supervision and
treatment services for juveniles program for up to sixty-two percent of
the municipality's expenditures, subject to available appropriations and
exclusive of any federal funds made available for such purposes, not to
exceed the municipality's distribution under the supervision and treat-
ment services for juveniles program.
(b) The state funds appropriated for the supervision and treatment
services for juveniles program shall be distributed to eligible munici-
palities by the office of children and family services based on a plan
developed by the office which may consider historical information
regarding the number of youth seen at probation intake for an alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF
THE FAMILY COURT ACT, the number of youth remanded to detention, the
number of juvenile delinquents placed with the office, the number of
juvenile delinquents [and persons in need of supervision] placed in
residential care with the municipality, the municipality's reduction in
the use of detention and residential placements, and other factors as
determined by the office. Such plan developed by the office shall be
subject to the approval of the director of the budget. The office is
authorized, in its discretion, to make advance distributions to a muni-
cipality in anticipation of state reimbursement.
As used in this section, the term "municipality" shall mean a county,
or a city having a population of one million or more, and "supervision
and treatment services for juveniles" shall mean community-based
services or programs designed to safely maintain youth in the community
pending a family court disposition or conviction in criminal court and
services or programs provided to youth adjudicated as juvenile delin-
quents [or persons in need of supervision,] or youth alleged to be juve-
nile offenders to prevent residential placement of such youth or a
return to placement where such youth have been released to the community
from residential placement OR PROGRAMS PROVIDED TO YOUTH ADJUDICATED
PERSONS IN NEED OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
Supervision and treatment services for juveniles may include but are not
limited to services or programs that:
S. 2006--A 147 A. 3006--A
(i) an analysis that identifies the neighborhoods or communities from
which the greatest number of juvenile delinquents [and persons in need
of supervision] are remanded to detention or residentially placed AND
FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
ARE OFFERED DIVERSION SERVICES;
(iii) a description of how the services and programs proposed for
funding will reduce the number of youth from the municipality who are
detained and residentially OR OTHERWISE placed; how such services and
programs are family-focused; and whether such services and programs are
capable of being replicated across multiple sites;
S 99. Subdivisions 2, 4, 5, 6 and 7 of section 530 of the executive
law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
2 as amended by section 1 of part M of chapter 57 of the laws of 2012,
subdivision 5 as amended by chapter 920 of the laws of 1982, subpara-
graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
amended by section 5 of subpart B of part Q of chapter 58 of the laws of
2011, subdivision 6 as amended by chapter 880 of the laws of 1976, and
subdivision 7 as amended by section 6 of subpart B of part Q of chapter
58 of the laws of 2011, are amended and a new subdivision 8 is added to
read as follows:
2. [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS
SECTION, EXPENDITURES made by municipalities in providing care, mainte-
nance and supervision to youth in detention facilities designated pursu-
ant to sections seven hundred twenty and 305.2 of the family court act
and certified by [the division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES, shall be subject to reimbursement by the state, as follows:
(a) Notwithstanding any provision of law to the contrary, eligible
expenditures by a municipality during a particular program year for the
care, maintenance and supervision [in foster care programs certified by
the office of children and family services, certified or approved family
boarding homes, and non-secure detention facilities certified by the
office for those youth alleged to be persons in need of supervision or
adjudicated persons in need of supervision held pending transfer to a
facility upon placement; and] in secure and non-secure detention facili-
ties certified by the office in accordance with section five hundred
three of this article for those youth alleged to be juvenile delin-
quents; adjudicated juvenile delinquents held pending transfer to a
facility upon placement, and juvenile delinquents held at the request of
the office of children and family services pending extension of place-
ment hearings or release revocation hearings or while awaiting disposi-
tion of such hearings; and youth alleged to be or convicted as juvenile
offenders AND, PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN, YOUTH
ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN
NEED OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT
IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING HOMES, AND NON-SECURE
DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state
reimbursement for up to fifty percent of the municipality's expendi-
tures, exclusive of any federal funds made available for such purposes,
not to exceed the municipality's distribution from funds that have been
appropriated specifically therefor for that program year. Municipalities
shall implement the use of detention risk assessment instruments in a
manner prescribed by the office so as to inform detention decisions.
Notwithstanding any other provision of state law to the contrary, data
necessary for completion of a detention risk assessment instrument may
S. 2006--A 148 A. 3006--A
be shared among law enforcement, probation, courts, detention adminis-
trators, detention providers, and the attorney for the child upon
retention or appointment; solely for the purpose of accurate completion
of such risk assessment instrument, and a copy of the completed
detention risk assessment instrument shall be made available to the
applicable detention provider, the attorney for the child and the court.
(b) The state funds appropriated for juvenile detention services shall
be distributed to eligible municipalities by the office of children and
family services based on a plan developed by the office which may
consider historical information regarding the number of youth remanded
to detention, the municipality's reduction in the use of detention, the
municipality's youth population, and other factors as determined by the
office. Such plan developed by the office shall be subject to the
approval of the director of the budget. The office is authorized, in its
discretion, to make advance distributions to a municipality in antic-
ipation of state reimbursement.
(c) A municipality may also use the funds distributed to it for juve-
nile detention services under this section for a particular program year
for sixty-two percent of a municipality's eligible expenditures for
supervision and treatment services for juveniles programs approved under
section five hundred twenty-nine-b of this title for services that were
not reimbursed from a municipality's distribution under such program
provided to at-risk, alleged or adjudicated juvenile delinquents or
persons alleged or adjudicated to be in need of supervision, or alleged
to be or convicted as juvenile offenders in community-based non-residen-
tial settings. Any claims submitted by a municipality for reimbursement
for detention services or supervision and treatment services for juve-
niles provided during a particular program year for which the munici-
pality does not receive state reimbursement from the municipality's
distribution of detention services funds for that program year may not
be claimed against the municipality's distribution of funds available
under this section for the next applicable program year. The office may
require that such claims be submitted to the office electronically at
such times and in the manner and format required by the office.
[(d)(i)] (2-A)(A) Notwithstanding any provision of law or regulation
to the contrary, any information or data necessary for the development,
validation or revalidation of the detention risk assessment instrument
shall be shared among local probation departments, the office of
probation and correctional alternatives and, where authorized by the
division of criminal justice services, the entity under contract with
the division to provide information technology services related to youth
assessment and screening, the office of children and family services,
and any entity under contract with the office of children and family
services to provide services relating to the development, validation or
revalidation of the detention risk assessment instrument. Any such
information and data shall not be commingled with any criminal history
database. Any information and data used and shared pursuant to this
section shall only be used and shared for the purposes of this section
and in accordance with this section. Such information shall be shared
and received in a manner that protects the confidentiality of such
information. The sharing, use, disclosure and redisclosure of such
information to any person, office, or other entity not specifically
authorized to receive it pursuant to this section or any other law is
prohibited.
[(ii)] (B) The office of children and family services shall consult
with individuals with professional research experience and expertise in
S. 2006--A 149 A. 3006--A
criminal justice; social work; juvenile justice; and applied mathemat-
ics, psychometrics and/or statistics to assist the office in determining
the method it will use to: develop, validate and revalidate such
detention risk assessment instrument; and analyze the effectiveness of
the use of such detention risk assessment instrument in accomplishing
its intended goals; and analyze, to the greatest extent possible any
disparate impact on detention outcomes for juveniles based on race, sex,
national origin, economic status and any other constitutionally
protected class, regarding the use of such instrument. The office shall
consult with such individuals regarding whether it is appropriate to
attempt to analyze whether there is any such disparate impact based on
sexual orientation and, if so, the best methods to conduct such analy-
sis. The office shall take into consideration any recommendations given
by such individuals involving improvements that could be made to such
instrument and process.
[(iii)] (C) Data collected for the purposes of completing the
detention risk assessment instrument from any source other than an offi-
cially documented record shall be confirmed as soon as practicable.
Should any data originally utilized in completing the risk assessment
instrument be found to conflict with the officially documented record,
the risk assessment instrument shall be completed with the officially
documented data and any corresponding revision to the risk categori-
zation shall be made. The office shall periodically revalidate any
approved risk assessment instrument. The office shall conspicuously post
any approved detention risk assessment instrument on its website and
shall confer with appropriate stakeholders, including but not limited
to, attorneys for children, presentment agencies, probation, and the
family court, prior to revising any validated risk assessment instru-
ment. Any such revised risk assessment instrument shall be subject to
periodic empirical validation.
4. (a) The municipality must notify the office of children and family
services of state aid received under other state aid formulas by each
detention facility for which the municipality is seeking reimbursement
pursuant to this section, including but not limited to, aid for educa-
tion, probation and mental health services.
(b) EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION: (I) In
computing reimbursement to the municipality pursuant to this section,
the office shall insure that the aggregate of state aid under all state
aid formulas shall not exceed fifty percent of the cost of care, mainte-
nance and supervision provided to detainees eligible for state
reimbursement under subdivision two of this section, exclusive of feder-
al aid for such purposes not to exceed the amount of the municipality's
distribution under the juvenile detention services program.
[(c)] (II) Reimbursement for administrative related expenditures as
defined by the office of children and family services, for secure and
nonsecure detention services shall not exceed seventeen percent of the
total approved expenditures for facilities of twenty-five beds or more
and shall not exceed twenty-one percent of the total approved expendi-
tures for facilities with less than twenty-five beds.
5. (a) Except as provided in paragraph (b) of this subdivision, care,
maintenance and supervision for the purpose of this section shall mean
and include only:
(1) temporary care, maintenance and supervision provided TO alleged
juvenile delinquents and persons in need of supervision in detention
facilities certified pursuant to sections seven hundred twenty and 305.2
of the family court act by the office of children and family services,
S. 2006--A 150 A. 3006--A
pending adjudication of alleged delinquency or alleged need of super-
vision by the family court, or pending transfer to institutions to which
committed or placed by such court or while awaiting disposition by such
court after adjudication or held pursuant to a securing order of a crim-
inal court if the person named therein as principal is under [sixteen]
SEVENTEEN YEARS OF AGE; or[,]
(1-A) COMMENCING ON JANUARY FIRST, TWO THOUSAND EIGHTEEN, TEMPORARY
CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED JUVENILE DELIN-
QUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUENCY BY THE
FAMILY COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED OR
PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH COURT AFTER
ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF
THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR
(2) temporary care, maintenance and supervision provided juvenile
delinquents in approved detention facilities at the request of the
office of children and family services pending release revocation hear-
ings or while awaiting disposition after such hearings; or
(3) temporary care, maintenance and supervision in approved detention
facilities for youth held pursuant to the family court act or the inter-
state compact on juveniles, pending return to their place of residence
or domicile[.]; OR
(4) PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN, temporary care,
maintenance and supervision provided youth detained in foster care
facilities or certified or approved family boarding homes pursuant to
article seven of the family court act.
(b) Payments made for reserved accommodations, whether or not in full
time use, approved AND CERTIFIED by the office of children and family
services [and certified pursuant to sections seven hundred twenty and
305.2 of the family court act], in order to assure that adequate accom-
modations will be available for the immediate reception and proper care
therein of youth for which detention costs are reimbursable pursuant to
paragraph (a) of this subdivision, shall be reimbursed as expenditures
for care, maintenance and supervision under the provisions of this
section, provided the office shall have given its prior approval for
reserving such accommodations.
6. The [director of the division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES may adopt, amend, or rescind all rules and regulations,
subject to the approval of the director of the budget and certification
to the chairmen of the senate finance and assembly ways and means
committees, necessary to carry out the provisions of this section.
7. The agency administering detention for each county and the city of
New York shall submit to the office of children and family services, at
such times and in such form and manner and containing such information
as required by the office of children and family services, an annual
report on youth remanded pursuant to article three or seven of the fami-
ly court act who are detained during each calendar year including,
commencing January first, two thousand twelve, the risk level of each
detained youth as assessed by a detention risk assessment instrument
approved by the office of children and family services PROVIDED, HOWEV-
ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND NINETEEN AND THERE-
AFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE
SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. The office may
require that such data on detention use be submitted to the office elec-
tronically. Such report shall include, but not be limited to, the reason
for the court's determination in accordance with section 320.5 or seven
S. 2006--A 151 A. 3006--A
hundred thirty-nine of the family court act, IF APPLICABLE, to detain
the youth; the offense or offenses with which the youth is charged; and
all other reasons why the youth remains detained. The office shall
submit a compilation of all the separate reports to the governor and the
legislature.
8. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,
COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN, STATE REIMBURSEMENT
SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF A MUNICIPALITY'S
ELIGIBLE EXPENDITURES FOR THE CARE, MAINTENANCE AND SUPERVISION OF YOUTH
SIXTEEN YEARS OF AGE OR OLDER IN NON-SECURE AND SECURE DETENTION FACILI-
TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE OCCURRED ABSENT THE
PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
S 100. Section 4 of part K of chapter 57 of the laws of 2012, amending
the education law, relating to authorizing the board of cooperative
educational services to enter into contracts with the commissioner of
children and family services to provide certain services, is amended to
read as follows:
S 4. This act shall take effect July 1, 2012 [and shall expire June
30, 2015 when upon such date the provisions of this act shall be deemed
repealed].
S 100-a. Severability. If any clause, sentence, paragraph, subdivi-
sion, section or part contained in any part of this act shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, subdivision, section or part contained in any part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
S 101. This act shall take effect immediately; provided, however,
that:
1. sections 1 through 31, 49, 52, 54 through 57, 60-a through 66, 68
through 82, 83, 90, 91-a, 92, 95 and 99 shall take effect on January 1,
2017; provided, however, that when the applicability of such provisions
is dependent on the age of a youth that is alleged or adjudicated to
have committed or is convicted of or pleads to a crime or an act that
would constitute a crime if committed by an adult:
(a) effective January 1, 2017, such provisions shall be deemed to
apply to youth (i) who have been alleged to have committed, adjudicated
for, or convicted of an offense that occurred on or after such effective
date and who were at least 12 years of age but under the age of 17 at
the time such offense occurred, except that (ii) such provisions shall
be deemed to apply to persons at least 10 years of age but under the age
of 17 if such person is alleged to have committed, adjudicated for, or
convicted of an act that would constitute a crime as defined in section
125.27 (murder in the first degree) or 125.25 (murder in the second
degree) of the penal law if committed by an adult where such act
occurred on or after the effective date, and
(b) effective January 1, 2018, such provisions shall be deemed to
apply to youth who have been alleged to have committed, adjudicated for
or convicted of, an offense that occurred on or after such effective
date and who were 17 years of age at the time such offense occurred;
2. sections 32 through 47, 51, 53, 89, 93 and 98 shall take effect
January 1, 2018, provided, however, that:
S. 2006--A 152 A. 3006--A
(a) when the applicability of such provisions is dependent on the age
of a person, such provisions shall be deemed to apply to youth (i) who
have been alleged to have committed, been adjudicated for or convicted
of an offense that occurred on or after such effective date and who were
at least 12 years of age but under the age of 18 at the time such
offense occurred; provided, however that (ii) such provisions shall be
deemed to apply to youth at least 10 years of age but under the age of
18 if such youth is alleged to have committed, adjudicated for, or
convicted of an act that would constitute a crime as defined in section
125.27 (murder in the first degree) or 125.25 (murder in the second
degree) of the penal law if committed by an adult where such act
occurred on or after the effective date; and
(b) sections 32 through 47 shall be deemed to be applicable to
petitions filed, or attempted to be filed pursuant to Article seven of
the Family Court Act on or after such date;
3. sections 58 and 60 shall take effect on December 1, 2015;
4. sections 59 and 84 through 86 shall take effect January 1, 2019;
5. sections 63-a through 63-p; sections 64-a and 64-b; and sections 68
and 68-a shall take effect on January 1, 2017.
6. sections 67 and 91-b shall take effect 180 days after enactment;
and
7. section 91 shall take effect April 1, 2016;
8. the amendments to subdivision 4 of section 353.5 of the family
court act made by section twenty-four of this act shall not affect the
expiration and reversion of such subdivision and shall expire and be
deemed repealed therewith, when upon such date the provisions of section
twenty-five of this act shall take effect;
9. the amendments to section 153-k of the social services law made by
section forty-eight of this act shall not affect the expiration of such
section and shall expire and be deemed repealed therewith;
10. the amendments to section 404 of the social services law made by
section fifty-two of this act shall not affect the expiration of such
section and shall expire and be deemed repealed therewith;
11. the amendments to subdivision 1 of section 70.20 of the penal law
made by section fifty-eight of this act shall not affect the expiration
of such subdivision and shall expire and be deemed repealed therewith;
12. the amendments to paragraph (f) of subdivision 1 of section 70.30
of the penal law made by section sixty-a of this act shall not affect
the expiration of such paragraph and shall be deemed to expire there-
with;
13. the amendments to subparagraph 8 of paragraph h of subdivision 4
of section 1950 of the education law made by section eighty-seven of
this act shall not affect the repeal of such subparagraph and shall be
deemed repealed therewith;
14. the amendments to subparagraph 1 of paragraph d of subdivision 3
of section 3214 of the education law made by section eighty-eight of
this act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith; and
15. the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section ninety-one of this
act shall not affect the expiration of such paragraph and shall expire
and be deemed repealed therewith.
PART K
S. 2006--A 153 A. 3006--A
Section 1. The section heading of section 456 of the social services
law, as added by chapter 865 of the laws of 1977, is amended to read as
follows:
State reimbursement AND PAYMENTS.
S 2. Paragraphs (c) and (d) of subdivision 1 of section 456 of the
social services law, as amended by chapter 601 of the laws of 1994, are
amended to read as follows:
[(c) one hundred per centum of such payments after first deducting
therefrom any federal funds properly to be received on account of such
payments, for children placed out for adoption by a voluntary authorized
agency or for children being adopted after being placed out for adoption
by a voluntary authorized agency in accordance with the provisions of
this title,] or [(d)] (C) one hundred per centum of such payments after
first deducting therefrom any federal funds properly to be received on
account of such payments, for children placed out for adoption or being
adopted after being placed out for adoption by an Indian tribe as refer-
enced in subdivision seven of section four hundred fifty-one of this
title.
S 3. Section 456 of the social services law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR A
CHILD WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY
WITH GUARDIANSHIP AND CUSTODY OR CARE AND CUSTODY OF SUCH CHILD, AS
REFERENCED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS
TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED FIFTY-THREE, FOUR
HUNDRED FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE
MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS WHO APPLIED
FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
NOT ENTER INTO WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN
INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS RESIDE
OUTSIDE OF THE STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH
PAYMENTS IS MADE.
S 4. This act shall take effect July 1, 2015 and shall only apply to
applications for payments under sections 453, 453-a or 454 of the social
services law that are made on or after such effective date; provided,
however, that effective immediately the commissioner of the office of
children and family services is authorized and directed to promulgate
such rules and regulations as he or she deems necessary to implement the
provisions of this act on or before its effective date.
PART L
Section 1. Section 458-a of the social services law is amended by
adding three new subdivisions 6, 7 and 8 to read as follows:
6. "SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS NAMED IN THE
AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN AND SOCIAL SERVICES
OFFICIAL FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS PURSUANT TO THIS
TITLE TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH
OR INCAPACITY OF THE RELATIVE GUARDIAN, AS SET FORTH IN SECTION FOUR
HUNDRED FIFTY-EIGHT-B OF THIS TITLE, WHO HAS ASSUMED CARE FOR AND IS THE
GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD, PROVIDED THAT SUCH PERSON
WAS APPOINTED GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD FOLLOWING, OR
DUE TO, THE DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN.
S. 2006--A 154 A. 3006--A
7. "PROSPECTIVE SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS
WHOM A PROSPECTIVE RELATIVE GUARDIAN OR A RELATIVE GUARDIAN SEEKS TO
NAME IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT, OR ANY
AMENDMENT THERETO, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF
THIS TITLE, AS THE PERSON OR PERSONS TO PROVIDE CARE AND GUARDIANSHIP
FOR A CHILD IN THE EVENT OF THE DEATH OR INCAPACITY OF A RELATIVE GUARD-
IAN.
8. "INCAPACITY" SHALL MEAN A SUBSTANTIAL INABILITY TO CARE FOR A CHILD
AS A RESULT OF: (A) A PHYSICALLY DEBILITATING ILLNESS, DISEASE OR INJU-
RY; OR (B) A MENTAL IMPAIRMENT THAT RESULTS IN A SUBSTANTIAL INABILITY
TO UNDERSTAND THE NATURE AND CONSEQUENCES OF DECISIONS CONCERNING THE
CARE OF A CHILD.
S 2. Subdivision 4 of section 458-b of the social services law is
amended by adding two new paragraphs (e) and (f) to read as follows:
(E) THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT EXECUTED IN
ACCORDANCE WITH THIS SECTION AND ANY AMENDMENTS THERETO MAY NAME AN
APPROPRIATE PERSON TO ACT AS A SUCCESSOR GUARDIAN FOR THE PURPOSE OF
PROVIDING CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR
INCAPACITY OF THE RELATIVE GUARDIAN.
(F) A FULLY EXECUTED AGREEMENT BETWEEN A RELATIVE GUARDIAN AND A
SOCIAL SERVICES OFFICIAL MAY BE AMENDED TO ADD OR MODIFY TERMS AND
CONDITIONS MUTUALLY AGREEABLE TO THE RELATIVE GUARDIAN AND THE SOCIAL
SERVICES OFFICIAL, INCLUDING THE NAMING OF AN APPROPRIATE PERSON TO
PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR INCA-
PACITY OF THE RELATIVE GUARDIAN.
S 3. Subdivision 5 of section 458-b of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
5. (A) Once the prospective relative guardian with whom a social
services official has entered into an agreement under subdivision four
of this section has been issued letters of guardianship for the child
and the child has been finally discharged from foster care to such rela-
tive, a social services official shall make monthly kinship guardianship
assistance payments for the care and maintenance of the child.
(B) A SOCIAL SERVICES DISTRICT SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF A CHILD TO A SUCCES-
SOR GUARDIAN IN THE EVENT OF DEATH OR INCAPACITY OF A RELATIVE GUARDIAN,
PROVIDED HOWEVER THAT SUCH PAYMENTS SHALL NOT BE AUTHORIZED UNTIL THE
SUCCESSOR GUARDIAN IS GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF
A CHILD AND ASSUMES CARE OF SUCH CHILD; PROVIDED, FURTHER, HOWEVER, THAT
IF THE SUCCESSOR GUARDIAN ASSUMES CARE OF THE CHILD PRIOR TO BEING
GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF THE CHILD, PAYMENTS
UNDER THIS TITLE SHALL BE MADE RETROACTIVELY FROM: (I) IN THE EVENT OF
DEATH OF THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED
CARE OF THE CHILD OR THE DATE OF DEATH OF THE RELATIVE GUARDIAN, WHICH-
EVER IS LATER; OR (II) IN THE EVENT OF INCAPACITY OF THE RELATIVE GUARD-
IAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE
DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, WHICHEVER IS LATER.
(C) IN THE EVENT THAT A SUCCESSOR GUARDIAN ASSUMED CARE AND WAS
AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A CHILD DUE TO THE
INCAPACITY OF A RELATIVE GUARDIAN AND THE RELATIVE GUARDIAN IS SUBSE-
QUENTLY AWARDED OR RESUMES GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF
SUCH CHILD AND ASSUMES CARE OF SUCH CHILD AFTER THE INCAPACITY ENDS, A
SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST-
ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD TO THE RELATIVE
S. 2006--A 155 A. 3006--A
GUARDIAN, IN ACCORDANCE WITH THE TERMS OF THE FULLY EXECUTED WRITTEN
AGREEMENT.
S 4. Paragraph (b) of subdivision 7 of section 458-b of the social
services law, as added by section 4 of part F of chapter 58 of the laws
of 2010, is amended to read as follows:
(b) (I) Notwithstanding paragraph (a) of this subdivision, AND EXCEPT
AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, no
kinship guardianship assistance payments may be made pursuant to this
title if the social services official determines that the relative guar-
dian is no longer legally responsible for the support of the child,
including if the status of the legal guardian is terminated or the child
is no longer receiving any support from such guardian. In accordance
with the regulations of the office, a relative guardian who has been
receiving kinship guardianship assistance payments on behalf of a child
under this title must keep the social services official informed, on an
annual basis, of any circumstances that would make the relative guardian
ineligible for such payments or eligible for payments in a different
amount.
(II) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT AS
PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, NO
KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE PURSUANT TO THIS
TITLE TO A SUCCESSOR GUARDIAN IF THE SOCIAL SERVICES OFFICIAL DETERMINES
THAT THE SUCCESSOR GUARDIAN IS NO LONGER LEGALLY RESPONSIBLE FOR THE
SUPPORT OF THE CHILD, INCLUDING IF THE STATUS OF THE SUCCESSOR GUARDIAN
IS TERMINATED OR THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM SUCH
GUARDIAN. A SUCCESSOR GUARDIAN WHO HAS BEEN RECEIVING KINSHIP GUARDIAN-
SHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER THIS TITLE MUST KEEP
THE SOCIAL SERVICES OFFICIAL INFORMED, ON AN ANNUAL BASIS, OF ANY
CIRCUMSTANCES THAT WOULD MAKE THE SUCCESSOR GUARDIAN INELIGIBLE FOR SUCH
PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT.
S 5. Subdivision 8 of section 458-b of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
8. The placement of the child with the relative guardian OR SUCCESSOR
GUARDIAN and any kinship guardianship assistance payments made on behalf
of the child under this section shall be considered never to have been
made when determining the eligibility for adoption subsidy payments
under title nine of this article of a child in such legal guardianship
arrangement.
S 6. Subdivision 2 of section 458-d of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
2. In addition, a social services official shall make payments for the
cost of care, services and supplies payable under the state's program of
medical assistance for needy persons provided to any child for whom
kinship guardianship assistance payments are being made under this title
who is not eligible for medical assistance under subdivision one of this
section and for whom the relative OR SUCCESSOR guardian is unable to
obtain appropriate and affordable medical coverage through any other
available means, regardless of whether the child otherwise qualifies for
medical assistance for needy persons. Payments pursuant to this subdivi-
sion shall be made only with respect to the cost of care, services, and
supplies which are not otherwise covered or subject to payment or
reimbursement by insurance, medical assistance or other sources.
Payments made pursuant to this subdivision shall only be made if the
relative OR SUCCESSOR guardian applies to obtain such medical coverage
S. 2006--A 156 A. 3006--A
for the child from all available sources, unless the social services
official determines that the relative guardian has good cause for not
applying for such coverage; which shall include that appropriate cover-
age is not available or affordable.
S 7. Subdivisions 1 and 2 of section 458-f of the social services law,
as added by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
1. Any person aggrieved by the decision of a social services official
not to make a payment or payments pursuant to this title or to make such
payment or payments in an inadequate or inappropriate amount or the
failure of a social services official to determine an application under
this title within thirty days after filing, OR THE FAILURE OF A SOCIAL
SERVICES DISTRICT TO APPROVE A PROSPECTIVE SUCCESSOR GUARDIAN, may
appeal to the office of children and family services, which shall review
the case and give such person an opportunity for a fair hearing thereon
and render its decision within thirty days. All decisions of the office
of children and family services shall be binding upon the social
services district involved and shall be complied with by the social
services official thereof.
2. The only issues which may be raised in a fair hearing under this
section are: (a) whether the social services official has improperly
denied an application for payments under this title; (b) whether the
social services official has improperly discontinued payments under this
title; (c) whether the social services official has determined the
amount of the payments made or to be made in violation of the provisions
of this title or the regulations of the office of children and family
services promulgated hereunder; [or] (d) whether the social services
official has failed to determine an application under this title within
thirty days; OR (E) WHETHER THE SOCIAL SERVICES OFFICIAL HAS IMPROPERLY
DENIED AN APPLICATION TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN IN THE
ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT FOR PAYMENTS PURSUANT
TO THIS TITLE OR ANY AMENDMENTS THERETO.
S 8. Paragraph (c) of subdivision 7 of section 353.3 of the family
court act, as amended by section 6 of part G of chapter 58 of the laws
of 2010, is amended to read as follows:
(c) Where the respondent is placed pursuant to subdivision two or
three of this section, such report shall contain a plan for the release,
or conditional release (pursuant to section five hundred ten-a of the
executive law), of the respondent to the custody of his or her parent or
other person legally responsible, [to independent living] or to another
permanency alternative as provided in paragraph (d) of subdivision seven
of section 355.5 of this part. If the respondent is subject to article
sixty-five of the education law or elects to participate in an educa-
tional program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent is placed has taken and will be taking to facilitate the
enrollment of the respondent in a school or educational program leading
to a high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the education
law and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but not be limited
to, the steps that the agency with which the respondent is placed has
taken and will be taking to assist the respondent to become gainfully
employed or enrolled in a vocational program following release.
S. 2006--A 157 A. 3006--A
S 9. Paragraph (b) of subdivision 7 of section 355.5 of the family
court act, as added by chapter 7 of the laws of 1999, is amended to read
as follows:
(b) in the case of a respondent who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the respondent to make
the transition from foster care to independent living;
S 10. Paragraph (d) of subdivision 7 of section 355.5 of the family
court act, as amended by chapter 181 of the laws of 2000, is amended to
read as follows:
(d) with regard to the completion of placement ordered by the court
pursuant to section 353.3 or 355.3 of this [article] PART: whether and
when the respondent: (i) will be returned to the parent; (ii) should be
placed for adoption with the local commissioner of social services
filing a petition for termination of parental rights; (iii) should be
referred for legal guardianship; (iv) should be placed permanently with
a fit and willing relative; or (v) should be placed in another planned
permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT if THE RESPONDENT
IS AGE SIXTEEN OR OLDER AND (A) the office of children and family
services or the local commissioner of social services has documented to
the court [a]: (1) THE INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE
HEARING, UNSUCCESSFUL EFFORTS MADE TO RETURN THE RESPONDENT HOME OR
SECURE A PLACEMENT FOR THE RESPONDENT WITH A FIT AND WILLING RELATIVE
INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT,
INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING
SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (2) THE
STEPS BEING TAKEN TO ENSURE THAT (I) THE RESPONDENT'S FOSTER FAMILY HOME
OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT
STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE RESPONDENT HAS
REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY
APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE RESPONDENT IN AN
AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE RESPONDENT TO
PARTICIPATE IN ACTIVITIES; AND (B) THE OFFICE OF CHILDREN AND FAMILY
SERVICES OR THE LOCAL COMMISSIONER OF SOCIAL SERVICES HAS DOCUMENTED TO
THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling
[reason] REASONS for determining that it [would] CONTINUES TO not be in
the best interest of the respondent to return home, be referred for
termination of parental rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and (C) THE
COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THIS
HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
RESPONDENT IS THE BEST PERMANENCY PLAN FOR THE RESPONDENT; AND
S 11. Subdivision 8 of section 355.5 of the family court act, as added
by section 2 of part B of chapter 327 of the laws of 2007, is amended to
read as follows:
8. At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan
for the respondent; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE
SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS
PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIF-
ICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMAN-
ENCY OUTCOME FOR THE RESPONDENT.
S. 2006--A 158 A. 3006--A
S 12. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
754 of the family court act, as amended by chapter 7 of the laws of
1999, is amended to read as follows:
(ii) in the case of a child who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the child to make the
transition from foster care to independent living. Nothing in this
subdivision shall be construed to modify the standards for directing
detention set forth in section seven hundred thirty-nine of this arti-
cle.
S 13. The closing paragraph of paragraph (b) of subdivision 2 of
section 754 of the family court act, as added by chapter 7 of the laws
of 1999, is amended to read as follows:
If the court determines that reasonable efforts are not required
because of one of the grounds set forth above, a permanency hearing
shall be held within thirty days of the finding of the court that such
efforts are not required. At the permanency hearing, the court shall
determine the appropriateness of the permanency plan prepared by the
social services official which shall include whether and when the child:
(A) will be returned to the parent; (B) should be placed for adoption
with the social services official filing a petition for termination of
parental rights; (C) should be referred for legal guardianship; (D)
should be placed permanently with a fit and willing relative; or (E)
should be placed in another planned permanent living arrangement WITH A
SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE
FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social
services official has documented to the court a compelling reason for
determining that it would not be in the best interest of the child to
return home, be referred for termination of parental rights and placed
for adoption, placed with a fit and willing relative, or placed with a
legal guardian] REQUIREMENTS OF SUBPARAGRAPH (E) OF PARAGRAPH (IV) OF
SUBDIVISION (D) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART HAVE
BEEN MET. The social services official shall thereafter make reasonable
efforts to place the child in a timely manner and to complete whatever
steps are necessary to finalize the permanent placement of the child as
set forth in the permanency plan approved by the court. If reasonable
efforts are determined by the court not to be required because of one of
the grounds set forth in this paragraph, the social services official
may file a petition for termination of parental rights in accordance
with section three hundred eighty-four-b of the social services law.
S 14. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 4 of part B of chapter 327 of the laws
of 2007, is amended to read as follows:
(ii) in the case of a child who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the child to make the
transition from foster care to independent living;
S 15. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of
the family court act, as amended by section 4 of part B of chapter 327
of the laws of 2007, are amended to read as follows:
(iii) in the case of a child placed outside New York state, whether
the out-of-state placement continues to be appropriate and in the best
interests of the child; [and]
(iv) whether and when the child: (A) will be returned to the parent;
(B) should be placed for adoption with the social services official
filing a petition for termination of parental rights; (C) should be
referred for legal guardianship; (D) should be placed permanently with a
fit and willing relative; or (E) should be placed in another planned
S. 2006--A 159 A. 3006--A
permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD if THE CHILD IS AGE
SIXTEEN OR OLDER AND (1) the social services official has documented to
the court [a]: (I) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEAR-
ING, UNSUCCESSFUL EFFORTS MADE BY THE SOCIAL SERVICES DISTRICT TO RETURN
THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILL-
ING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE
PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUD-
ING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (II)
THE STEPS THE SOCIAL SERVICES DISTRICT IS TAKING TO ENSURE THAT (A) THE
CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE
REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE
PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
AND (B) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR
DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE
CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE CHILD
TO PARTICIPATE IN ACTIVITIES; AND (2) THE SOCIAL SERVICES DISTRICT HAS
DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE
compelling [reason] REASONS for determining that it [would] CONTINUES TO
not be in the best interest of the child to return home, be referred for
termination of parental rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and (3) THE
COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THE
HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD
IS THE BEST PERMANENCY PLAN FOR THE CHILD; AND
(V) where the child will not be returned home, consideration of appro-
priate in-state and out-of-state placements.
S 16. Subdivision (d-1) of section 756-a of the family court act, as
added by section 4 of part B of chapter 327 of the laws of 2007, is
amended to read as follows:
(d-1) At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan;
PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND
THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER
PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN
ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT
MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE
RESPONDENT.
S 17. Paragraph (v) of subdivision (c) of section 1039-b of the family
court act, as amended by section 5 of part B of chapter 327 of the laws
of 2007, is amended to read as follows:
(v) should be placed in another planned permanent living arrangement
WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY
RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the
[social services official has documented to the court a compelling
reason for determining that it would not be in the best interests of the
child to return home, be referred for termination of parental rights and
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF
PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF
THIS CHAPTER HAVE BEEN MET. The social services official shall there-
after make reasonable efforts to place the child in a timely manner,
including consideration of appropriate in-state and out-of-state place-
ments, and to complete whatever steps are necessary to finalize the
permanent placement of the child as set forth in the permanency plan
S. 2006--A 160 A. 3006--A
approved by the court. If reasonable efforts are determined by the court
not to be required because of one of the grounds set forth in this para-
graph, the social services official may file a petition for termination
of parental rights in accordance with section three hundred
eighty-four-b of the social services law.
S 18. Item (v) of clause 7 of subparagraph (A) of paragraph (i) of
subdivision (b) of section 1052 of the family court act, as amended by
section 7 of part B of chapter 327 of the laws of 2007, is amended to
read as follows:
(v) should be placed in another planned permanent living arrangement
that includes a significant connection to an adult [who is] willing to
be a permanency resource for the child, IF THE CHILD IS AGE SIXTEEN OR
OLDER AND if the [social services official has documented to the court a
compelling reason for determining that it would not be in the best
interest of the child to return home, be referred for termination of
parental rights and placed for adoption, placed with a fit and willing
relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF
SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE
THOUSAND EIGHTY-NINE OF THE CHAPTER HAVE BEEN MET. The social services
official shall thereafter make reasonable efforts to place the child in
a timely manner, including consideration of appropriate in-state and
out-of-state placements, and to complete whatever steps are necessary to
finalize the permanent placement of the child as set forth in the
permanency plan approved by the court. If reasonable efforts are deter-
mined by the court not to be required because of one of the grounds set
forth in this paragraph, the social services official may file a peti-
tion for termination of parental rights in accordance with section three
hundred eighty-four-b of the social services law.
S 19. Subparagraph (v) of paragraph 1 of subdivision (c) of section
1089 of the family court act, as added by section 27 of part A of chap-
ter 3 of the laws of 2005, is amended to read as follows:
(v) placement in another planned permanent living arrangement that
includes a significant connection to an adult who is willing to be a
permanency resource for the child IF THE CHILD IS AGE SIXTEEN OR OLDER,
including documentation of: (A) INTENSIVE, ONGOING, AND, AS OF THE DATE
OF THE HEARING, UNSUCCESSFUL EFFORTS TO RETURN THE CHILD HOME OR SECURE
A PLACEMENT FOR THE CHILD WITH A FIT AND WILLING RELATIVE INCLUDING
ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING
THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO
FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (B) THE STEPS BEING TAKEN
TO ENSURE THAT (I) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY
IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE
WITH THE GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, AND (II) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO
ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY
CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPOR-
TUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES, AND (C) the compel-
ling [reason] REASONS for determining that it [would] CONTINUES TO not
be in the best interests of the child to be returned home, placed for
adoption, placed with a legal guardian, or placed with a fit and willing
relative;
S 20. The opening paragraph of subdivision (d) of section 1089 of the
family court act, as amended by chapter 334 of the laws of 2009, is
amended to read as follows:
Evidence, court findings and order. The provisions of subdivisions (a)
and (c) of section one thousand forty-six of this act shall apply to all
S. 2006--A 161 A. 3006--A
proceedings under this article. THE PERMANENCY HEARING SHALL INCLUDE AN
AGE APPROPRIATE CONSULTATION WITH THE CHILD; PROVIDED, HOWEVER THAT IF
THE CHILD IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR
THE CHILD IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT
WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY
RESOURCE FOR THE CHILD, THE COURT MUST ASK THE CHILD ABOUT THE DESIRED
PERMANENCY OUTCOME FOR THE CHILD. At the conclusion of each permanency
hearing, the court shall, upon the proof adduced, [which shall include
age-appropriate consultation with the child who is the subject of the
permanency hearing,] and in accordance with the best interests and safe-
ty of the child, including whether the child would be at risk of abuse
or neglect if returned to the parent or other person legally responsi-
ble, determine and issue its findings, and enter an order of disposition
in writing:
S 21. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d)
of section 1089 of the family court act, as added by section 27 of part
A of chapter 3 of the laws of 2005, is amended to read as follows:
(E) placement in another planned permanent living arrangement that
includes a significant connection to an adult willing to be a permanency
resource for the child if the [local social services official has docu-
mented to] CHILD IS AGE SIXTEEN OR OLDER AND the court [a] HAS DETER-
MINED THAT AS OF THE DATE OF THE PERMANENCY HEARING, ANOTHER PLANNED
PERMANENCY LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY
PLAN FOR THE CHILD AND THERE ARE compelling [reason] REASONS for deter-
mining that it [would] CONTINUES TO not be in the best interests of the
child to return home, be referred for termination of parental rights and
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian;
S 22. Subdivision 2 of section 4173 of the public health law, as
amended by chapter 644 of the laws of 1988, is amended to read as
follows:
2. A certified copy or certified transcript of a birth record shall be
issued only upon order of a court of competent jurisdiction or upon a
specific request therefor by the person, if eighteen years of age or
more, or by a parent or other lawful representative of the person to
whom the record of birth relates INCLUDING AN AUTHORIZED REPRESENTATIVE
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES
DISTRICT IF THE PERSON IS IN THE CARE AND CUSTODY OR CUSTODY AND GUARDI-
ANSHIP OF SUCH ENTITY.
S 23. Paragraph (b) of subdivision 1 of section 4174 of the public
health law, as amended by chapter 396 of the laws of 1989, is amended to
read as follows:
(b) issue certified copies or certified transcripts of birth certif-
icates only (1) upon order of a court of competent jurisdiction, or (2)
upon specific request therefor by the person, if eighteen years of age
or more, or by a parent or other lawful representative of the person, to
whom the record of birth relates INCLUDING AUTHORIZED REPRESENTATIVES OF
A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTO-
DY OR CUSTODY AND GUARDIANSHIP OF SUCH DISTRICT, or (3) upon specific
request therefor by a department of a state or the federal government of
the United States;
S 24. Subdivision 4 of section 4174 of the public health law, as
amended by section 132 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
S. 2006--A 162 A. 3006--A
4. No fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes of public relief or
when required by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made avail-
able by the veterans administration or when required by a board of
elections for the purposes of determining voter eligibility or when
requested by the department of corrections and community supervision or
a local correctional facility as defined in subdivision sixteen of
section two of the correction law for the purpose of providing a certi-
fied copy or certified transcript of birth to an inmate in anticipation
of such inmate's release from custody or when requested by the office of
children and family services or an authorized agency for the purpose of
providing a certified copy or certified transcript of birth to a youth
placed in the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the local
commissioner of social services or the CARE AND custody OR CUSTODY AND
GUARDIANSHIP of the office of children and family services [pursuant to
article three of the family court act] in anticipation of such youth's
discharge from placement OR FOSTER CARE.
S 25. Subdivision 1 of section 837-e of the executive law, as amended
by chapter 690 of the laws of 1994, is amended to read as follows:
1. There is hereby established through electronic data processing and
related procedures, a statewide central register for missing children
which shall be compatible with the national crime information center
register maintained pursuant to the federal missing children act of
nineteen hundred eighty-two[, such missing]. AS USED IN THIS ARTICLE,
THE TERM MISSING child [hereinafter defined as] SHALL MEAN any person
under the age of eighteen years, OR ANY YOUTH, UNDER THE AGE OF TWENTY-
ONE YEARS, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL
DEPARTMENT OF SOCIAL SERVICES HAS RESPONSIBILITY FOR PLACEMENT, CARE, OR
SUPERVISION, OR WHO IS THE SUBJECT CHILD OF A CHILD PROTECTIVE INVESTI-
GATION, IS RECEIVING SERVICES UNDER SECTION 477 OF THE SOCIAL SECURITY
ACT, OR HAS RUN AWAY FROM FOSTER CARE, WHERE SUCH OFFICE OR DEPARTMENT
HAS REASONABLE CAUSE TO BELIEVE THAT SUCH YOUTH IS, OR IS AT RISK OF
BEING, A SEX TRAFFICKING VICTIM, WHO IS missing from his or her normal
and ordinary place of residence and whose whereabouts cannot be deter-
mined by a person responsible for the child's care and any child known
to have been taken, enticed or concealed from the custody of his or her
lawful guardian by a person who has no legal right to do so.
S 26. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered. It is
hereby declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been included
herein.
S 27. This act shall take effect immediately, provided however that
sections eight through twenty-four of this act shall take effect Septem-
ber 1, 2015 and section twenty-five of this act shall take effect Janu-
ary 1, 2016.
PART M
S. 2006--A 163 A. 3006--A
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the rural rental
assistance program, a sum not to exceed twenty-one million six hundred
forty-two thousand dollars for the fiscal year ending March 31, 2016.
Notwithstanding any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize the transfer to
the housing trust fund corporation, for the purposes of reimbursing any
costs associated with rural rental assistance program contracts author-
ized by this section, a total sum not to exceed twenty-one million six
hundred forty-two thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015. Notwithstanding any other provision of
law, such funds may be used by the corporation in support of contracts
scheduled to expire in the fiscal year ending March 31, 2016 for as many
as 10 additional years; in support of contracts for new eligible
projects for a period not to exceed 5 years; and in support of contracts
which reach their 25 year maximum in and/or prior to the fiscal year
ending March 31, 2016 for an additional one year period.
S 2. Notwithstanding any other provision of law, the housing finance
agency may provide, for costs associated with the rehabilitation of
Mitchell Lama housing projects, a sum not to exceed forty-two million
dollars for the fiscal year ending March 31, 2016. Notwithstanding any
other provision of law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund created pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes of such account,
the board of directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance account of the
mortgage insurance fund to the housing finance agency, for the purposes
of reimbursing any costs associated with Mitchell Lama housing projects
authorized by this section, a total sum not to exceed forty-two million
dollars as soon as practicable but no later than March 31, 2016.
S 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the neighborhood preserva-
tion program, a sum not to exceed eight million four hundred seventy-
nine thousand dollars for the fiscal year ending March 31, 2016.
Notwithstanding any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize the transfer to
the housing trust fund corporation, for the purposes of reimbursing any
costs associated with neighborhood preservation program contracts
authorized by this section, a total sum not to exceed eight million four
hundred seventy-nine thousand dollars, such transfer to be made from (i)
S. 2006--A 164 A. 3006--A
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015.
S 4. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed three million five hundred thirty-nine
thousand dollars for the fiscal year ending March 31, 2016. Notwith-
standing any other provision of law, and subject to the approval of the
New York state director of the budget, the board of directors of the
state of New York mortgage agency shall authorize the transfer to the
housing trust fund corporation, for the purposes of reimbursing any
costs associated with rural preservation program contracts authorized by
this section, a total sum not to exceed three million five hundred thir-
ty-nine thousand dollars, such transfer to be made from (i) the special
account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law, in an amount not to exceed the
actual excess balance in the special account of the mortgage insurance
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015.
S 5. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural and urban commu-
nity investment fund program created pursuant to article XXVII of the
private housing finance law, a sum not to exceed seventeen million
dollars for the fiscal year ending March 31, 2016. Notwithstanding any
other provision of law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund created pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the state of New York
mortgage agency) required to accomplish the purposes of such account,
the board of directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance account of the
mortgage insurance fund to the housing trust fund corporation, for the
purposes of reimbursing any costs associated with rural and urban commu-
nity investment fund program contracts authorized by this section, a
total sum not to exceed seventeen million dollars as soon as practicable
but not later than March 31, 2016.
S 6. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for the purposes of carrying out the
S. 2006--A 165 A. 3006--A
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law, a sum not to exceed
seven million five hundred thousand dollars for the fiscal year ending
March 31, 2016. Notwithstanding any other provision of law, and provided
that reserves in the project pool insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law are sufficient to attain and maintain the credit rating (as
determined by the state of New York mortgage agency) required to accom-
plish the purposes of such account, the board of directors of the state
of New York mortgage agency shall authorize the transfer from the
project pool insurance account of the mortgage insurance fund to the
housing trust fund corporation, for the purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law authorized by this
section, a total sum not to exceed seven million five hundred thousand
dollars as soon as practicable but no later than March 31, 2016.
S 7. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the homes for working
families program for deposit in the housing trust fund created pursuant
to section 59-a of the private housing finance law and subject to the
provisions of article XVIII of the private housing finance law, a sum
not to exceed eight million five hundred thousand dollars for the fiscal
year ending March 31, 2016. Notwithstanding any other provision of law,
and provided that the reserves in the project pool insurance account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law are sufficient to attain and maintain the credit
rating (as determined by the state of New York mortgage agency) required
to accomplish the purposes of such account, the board of directors of
the state of New York mortgage agency shall authorize the transfer from
the project pool insurance account of the mortgage insurance fund to the
housing trust fund corporation, for the purposes of reimbursing any
costs associated with homes for working families program contracts
authorized by this section, a total sum not to exceed eight million five
hundred thousand dollars as soon as practicable but no later than March
31, 2016.
S 8. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under those programs, in accordance with the requirements
of those programs, a sum not to exceed sixteen million three hundred
forty thousand dollars for the fiscal year ending March 31, 2016. The
homeless housing and assistance corporation may enter into an agreement
with the office of temporary and disability assistance to administer
such sum in accordance with the requirements of the programs. Notwith-
standing any other provision of law, and subject to the approval of the
director of the budget, the board of directors of the state of New York
mortgage agency shall authorize the transfer to the homeless housing and
assistance corporation, a total sum not to exceed sixteen million three
hundred forty thousand dollars, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
S. 2006--A 166 A. 3006--A
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2016.
S 9. This act shall take effect immediately.
PART N
Section 1. Subdivision 1 of section 652 of the labor law, as amended
by section 1 of part P of chapter 57 of the laws of 2013, is amended to
read as follows:
1. Statutory. Every employer shall pay to each of its employees for
each hour worked a wage of not less than:
$4.25 on and after April 1, 1991,
$5.15 on and after March 31, 2000,
$6.00 on and after January 1, 2005,
$6.75 on and after January 1, 2006,
$7.15 on and after January 1, 2007,
$8.00 on and after December 31, 2013,
$8.75 on and after December 31, 2014,
$9.00 on and after December 31, 2015,
$11.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND $10.50
IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2016 or, if
greater, such other wage as may be established by federal law pursuant
to 29 U.S.C. section 206 or its successors
or such other wage as may be established in accordance with the
provisions of this article.
S 2. The labor law is amended to add a new section 525 to read as
follows:
S 525. HIGH QUARTER THRESHOLD. FOR PURPOSES OF THIS ARTICLE, "HIGH
QUARTER THRESHOLD" SHALL EQUAL TWO HUNDRED TWENTY-ONE TIMES THE MINIMUM
WAGE RATE SPECIFIED BELOW ROUNDED DOWN TO THE NEAREST ONE HUNDRED
DOLLARS. THE MINIMUM WAGE RATE REFERENCED ABOVE SHALL BE A SINGLE HOURLY
RATE THAT: (I) IS LISTED IN SUBDIVISION ONE OF SECTION SIX HUNDRED
FIFTY-TWO OF THIS CHAPTER; (II) IS A GENERAL RATE THAT IS NOT RESTRICTED
TO SPECIFIED LOCALITIES, INDUSTRIES, OCCUPATIONS OR EMPLOYMENTS AND;
(III) WAS IN EFFECT 18 MONTHS BEFORE THE MONDAY OF THE WEEK THAT THE
CLAIM WAS FILED, AS DETERMINED BY THE COMMISSIONER.
S 3. Subdivisions 1 and 2 of section 527 of the labor law, subdivision
1 as amended by section 2 of part O of chapter 57 of the laws of 2013
and subdivision 2 as amended by section 5 of chapter 589 of the laws of
1998, are amended to read as follows:
S 527. Valid original claim. 1. Basic condition. "Valid original
claim" is a claim filed by a claimant who meets the following qualifica-
tions: (a) is able to work, and available for work; (b) is not subject
to any disqualification or suspension under this article; (c) his or her
previously established benefit year, if any, has expired; (d) has been
paid remuneration by employers liable for contributions or for payments
in lieu of contributions under this article, other than employers from
whom the claimant lost employment and for which the commissioner makes a
determination disqualifying the claimant for misconduct pursuant to
subdivisions three and six of section five hundred ninety-three of this
article, for employment during at least two calendar quarters of the
S. 2006--A 167 A. 3006--A
base period, with remuneration of one and one-half times the high calen-
dar quarter remuneration within the base period and with REMUNERATION
DURING THE HIGH CALENDAR QUARTER OF NO LESS THAN THE HIGH QUARTER THRES-
HOLD [at least two hundred twenty-one times the minimum wage established
under subdivision one of section six hundred fifty-two of this chapter
rounded down to the nearest one hundred dollars of such remuneration
being paid during the high calendar quarter of such base period]. For
purposes of this section, the remuneration in the high calendar quarter
of the base period used in determining a valid original claim shall not
exceed an amount equal to twenty-two times the maximum benefit rate as
set forth in subdivision five of section five hundred ninety of this
article for all individuals.
2. Alternate condition. (a) An individual who is unable to file a
valid original claim in accordance with subdivision one of this section,
files a valid original claim by meeting the qualifications enumerated in
paragraphs (a), (b) and (c) of subdivision one of this section and by
having been paid remuneration by employers liable for contributions or
for payments in lieu of contributions under this article, other than
employers from whom the claimant lost employment and for which the
commissioner makes a determination disqualifying the claimant for
misconduct pursuant to subdivisions three and six of section five
hundred ninety-three of this article, for employment during at least two
calendar quarters of the base period, with remuneration of one and one-
half times the high calendar quarter remuneration within the base period
and with REMUNERATION DURING THE HIGH CALENDAR QUARTER OF NO LESS THAN
THE HIGH QUARTER THRESHOLD [at least two hundred twenty-one times the
minimum wage established under subdivision one of section six hundred
fifty-two of this chapter rounded down to the nearest one hundred
dollars of such remuneration being paid during the high calendar quarter
of such base period]. For purposes of this section, the remuneration in
the high calendar quarter of the base period used in determining a valid
original claim shall not exceed an amount equal to twenty-two times the
maximum benefit rate as set forth in subdivision five of section five
hundred ninety of this article for all individuals.
S 4. This act shall take effect immediately provided, however, that
sections two and three of this act shall take effect December 31, 2016.
PART O
Section 1. The labor law is amended by adding a new section 202-m to
read as follows:
S 202-M. HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT THE EBOLA
VIRUS DISEASE OVERSEAS. 1. FINDINGS AND POLICY OF THE STATE. IT IS HERE-
BY FOUND AND DECLARED THAT THE EBOLA VIRUS DISEASE IS A RARE AND POTEN-
TIALLY DEADLY DISEASE CAUSED BY INFECTION WITH ONE OF FOUR EBOLA VIRUS
STRAINS KNOWN TO CAUSE DISEASE IN HUMANS, THAT THE WORLD HEALTH ORGAN-
IZATION HAS DECLARED THAT THE CURRENT EBOLA VIRUS DISEASE OUTBREAK IN
WEST AFRICA CONSTITUTES A PUBLIC HEALTH EMERGENCY OF INTERNATIONAL
CONCERN, AND THAT THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS REPORTED THAT
THE NUMBER OF FUTURE EBOLA VIRUS DISEASE CASES WILL REACH EXTRAORDINARY
LEVELS WITHOUT A SCALE-UP OF INTERVENTIONS. IT IS HEREBY DECLARED TO BE
THE POLICY OF THE STATE TO WORK WITH ITS INTERNATIONAL PARTNERS TO HELP
ERADICATE THE EBOLA VIRUS DISEASE BY SUPPORTING THE DEDICATED NEW YORK
STATE HEALTHCARE PROFESSIONALS WHO SEEK TO PROVIDE INVALUABLE HELP TO
THIS EFFORT.
S. 2006--A 168 A. 3006--A
2. BILL OF RIGHTS. A HEALTHCARE PROFESSIONAL WHO VOLUNTEERS TO FIGHT
EBOLA IS PROTECTED BY EXISTING STATE LAWS THAT PROHIBIT DISCRIMINATION
ON THE BASIS OF AN ACTUAL OR PERCEIVED DISABILITY. UPON RETURN FROM
FIGHTING EBOLA OVERSEAS, A HEALTHCARE PROFESSIONAL WILL BE PROVIDED WITH
A BILL OF RIGHTS OUTLINING THESE EXISTING ANTI-DISCRIMINATION LAWS. IN
ADDITION TO THESE EXISTING ANTI-DISCRIMINATION LAWS, AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, HEALTHCARE PROFESSIONALS SHALL HAVE
THE RIGHT TO SEEK A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA OVER-
SEAS WITHOUT ADVERSE EMPLOYMENT CONSEQUENCES.
3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EMPLOYEE" MEANS ANY INDIVIDUAL HEALTHCARE PROFESSIONAL WHO
PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER BUT SHALL NOT INCLUDE AN
INDEPENDENT CONTRACTOR.
(B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS A HEALTHCARE
PROFESSIONAL AND INCLUDES AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF
PERSONS, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY, STATE
AGENCY, OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND.
(C) "FIGHT EBOLA" MEANS TO SERVE AS A HEALTHCARE PROFESSIONAL IN A
COUNTRY THAT HAS BEEN CLASSIFIED AS HAVING WIDESPREAD TRANSMISSION OF
THE EBOLA VIRUS DISEASE BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(D) "HEALTHCARE PROFESSIONAL" MEANS:
(I) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF
THE EDUCATION LAW;
(II) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-ONE-B OF THE EDUCATION LAW;
(III) A NURSE PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-NINE OF THE EDUCATION LAW;
(IV) A REGISTERED PROFESSIONAL NURSE LICENSED PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THE EDUCATION LAW; AND
(V) OTHER HEALTHCARE PROFESSIONS AS ADDED BY THE COMMISSIONER.
(E) "LEAVE OF ABSENCE" MEANS TIME AWAY FROM WORK THAT IS EXCUSED. SUCH
TIME SHALL BE UNPAID, UNLESS THE EMPLOYEE REQUESTS THAT SUCH TIME, OR A
PORTION THEREOF, BE PAID PURSUANT TO A CHARGE AGAINST PAID LEAVE THAT
HAS ACCRUED TO SUCH EMPLOYEE.
(F) "UNDUE HARDSHIP" MEANS AN ABSENCE REQUIRING SIGNIFICANT EXPENSE OR
DIFFICULTY, INCLUDING A SIGNIFICANT INTERFERENCE WITH THE SAFE OR EFFI-
CIENT OPERATION OF THE WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY
SYSTEM. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER AN ABSENCE
CONSTITUTES AN UNDUE ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED
TO THE IDENTIFIABLE COST OF THE ABSENCE, INCLUDING THE COSTS OF LOSS OF
PRODUCTIVITY AND OF RETRAINING, HIRING OR TRANSFER OF EMPLOYEES, IN
RELATION TO THE SIZE AND OPERATING COSTS OF THE EMPLOYER AND OTHER KNOWN
OR REASONABLY FORESEEABLE ABSENCES, THE OVERALL FINANCIAL RESOURCES OF
THE EMPLOYER, THE NUMBER OF EMPLOYEES AT THE EMPLOYEE'S FACILITY, THE
EMPLOYEE'S ROLE WITHIN THE FACILITY, THE TYPE OF OPERATION OF THE
EMPLOYER, INCLUDING THE STRUCTURE AND FUNCTIONS OF THE EMPLOYEE WITHIN
IT, THE IMPACT ON THE OPERATION OF THE EMPLOYER, AND THE EMPLOYER'S
ABILITY TO HIRE TEMPORARY OR NEW EMPLOYEES WITH THE REQUISITE SKILLS TO
ENSURE THE EMPLOYER'S CONTINUED OPERATIONS.
(G) "VOLUNTEER" MEANS TO FREELY OFFER SERVICES TO FIGHT EBOLA AND
INCLUDES SUCH SERVICES WITHOUT REGARD TO WHETHER THEY ARE COMPENSATED.
4. LEAVE OF ABSENCE BY HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT
EBOLA. AN EMPLOYEE COVERED BY THIS SECTION HAS THE RIGHT TO REQUEST A
S. 2006--A 169 A. 3006--A
LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA FROM HIS OR HER EMPLOYER AS
HEREIN PROVIDED. AN EMPLOYER SHALL GRANT SUCH REQUEST FOR A LEAVE OF
ABSENCE TO VOLUNTEER TO FIGHT EBOLA, UNLESS THE EMPLOYEE'S ABSENCE
IMPOSES AN UNDUE HARDSHIP ON THE EMPLOYER'S BUSINESS OR OPERATIONS.
5. DURATION OF THE LEAVE OF ABSENCE. (A) THE DURATION OF THE LEAVE OF
ABSENCE SHALL BE THE FULL TIME PERIOD REQUESTED BY THE EMPLOYEE, WHICH
SHALL INCLUDE TRAVEL TIME, SERVICE VOLUNTEERING TO FIGHT EBOLA, AND A
REASONABLE PERIOD OF REST AND RECOVERY. IF THE EMPLOYER DETERMINES THAT
AN ABSENCE FOR THAT FULL PERIOD OF TIME WOULD CONSTITUTE AN UNDUE HARD-
SHIP, THE EMPLOYER AND EMPLOYEE SHALL WORK TOGETHER TO DETERMINE WHETHER
THERE IS A SHORTER PERIOD OF TIME THAT WOULD NOT CONSTITUTE AN UNDUE
HARDSHIP THAT WOULD STILL ALLOW THE EMPLOYEE TO VOLUNTEER TO FIGHT
EBOLA. IF THE EMPLOYER AND EMPLOYEE AGREE ON A SHORTER PERIOD, THAT
SHALL BE THE DURATION OF THE LEAVE OF ABSENCE UNDER THIS PARAGRAPH.
OTHERWISE, IF THEY ARE UNABLE TO AGREE ON A SHORTER PERIOD, THE LEAVE OF
ABSENCE SHALL BE DEEMED DENIED.
(B) THE DURATION OF LEAVE OF ABSENCE, AS DETERMINED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL BE EXTENDED TO INCLUDE ANY ADDI-
TIONAL PERIOD OF TIME THAT THE EMPLOYEE BECOMES SUBJECT TO A MANDATORY
QUARANTINE PERIOD IMPOSED AT THE END OF THE EMPLOYEE'S VOLUNTARY SERVICE
TO FIGHT EBOLA.
6. LEAVE OF ABSENCE REQUEST. AN EMPLOYEE'S REQUEST FOR A LEAVE OF
ABSENCE PURSUANT TO THIS SECTION SHALL BE MADE, IN WRITING, TO HIS OR
HER EMPLOYER AT LEAST TWENTY-ONE DAYS PRIOR TO THE EMPLOYEE'S PROPOSED
START DATE OF SUCH LEAVE OF ABSENCE. THE EMPLOYEE'S REQUEST SHALL, AT A
MINIMUM:
(A) IDENTIFY THE DURATION OF LEAVE SOUGHT, INCLUDING THE ANTICIPATED
START AND END DATES OF THE VOLUNTEER SERVICE, TOGETHER WITH ANY ADDI-
TIONAL TIME SOUGHT FOR TRANSPORTATION AND FOR REST PRIOR TO RETURNING TO
WORK;
(B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND
THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
(C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
WITHIN THE MEANING OF THIS SECTION.
7. NOTARIZATION. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN
GRANTED A LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE
HIS OR HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE ORGANIZATION OR
ENTITY WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING. THE STATEMENT SHALL:
(A) IDENTIFY THE ANTICIPATED START AND END DATES OF THE VOLUNTEER
SERVICE AND THE TERMS OF SERVICE, INCLUDING ANY COMPENSATION AND BENE-
FITS TO BE PROVIDED;
(B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND
THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
(C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
WITHIN THE MEANING OF THIS SECTION.
8. BENEFITS DURING LEAVE. EMPLOYEES WHO TAKE LEAVE UNDER THIS SECTION
SHALL BE RESTORED AT THE COMPLETION OF SUCH LEAVE TO THE SAME OR COMPA-
RABLE POSITION WITHOUT LOSS OF SENIORITY, SHALL BE ENTITLED TO PARTIC-
IPATE IN INSURANCE OR OTHER BENEFITS OFFERED BY THE EMPLOYER PURSUANT TO
ESTABLISHED RULES AND PRACTICES RELATING TO EMPLOYEES ON FURLOUGH OR
LEAVE OF ABSENCE IN EFFECT WITH THE EMPLOYER AT THE TIME SUCH EMPLOYEE
MADE REQUEST TO TAKE LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION.
9. RETALIATION PROHIBITED. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN
EMPLOYEE FOR REQUESTING OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY
THIS SECTION.
S. 2006--A 170 A. 3006--A
10. RETENTION OF BENEFITS. THE PROVISIONS OF THIS SECTION SHALL NOT
AFFECT OR PREVENT AN EMPLOYER FROM PROVIDING LEAVE IN ADDITION TO LEAVE
ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION
SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE
BENEFIT PROVIDED BY LAW, RULE OR REGULATION.
11. COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION SHALL BE
CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS THAT
ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS,
OR OTHERWISE DIMINISH THE INTEGRITY OF AN EXISTING COLLECTIVE BARGAINING
AGREEMENT.
12. REVIEW OF DENIAL OF LEAVE. AN EMPLOYEE WHOSE REQUEST FOR LEAVE
UNDER THIS SECTION HAS BEEN DENIED MAY PETITION THE COMMISSIONER FOR
REVIEW OF SUCH DENIAL, WHICH REVIEW SHALL BE EXPEDITIOUSLY CONDUCTED.
13. RULES AND REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH RULES
AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that subdivision four of section
202-m of the labor law, as added by section one of this act, shall
expire and be deemed repealed December 1, 2016, and provided, further
that this act shall expire and be deemed repealed December 1, 2017.
PART P
Section 1. Subdivision 3 of section 204 of the labor law, as amended
by section 2 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
3. Fees. A fee of two hundred dollars shall be charged the owner or
lessee of each boiler internally inspected and seventy-five dollars for
each boiler externally inspected by the commissioner, provided however,
that the external inspection of multiple boilers connected to a common
header or of separate systems owned or leased by the same party and
located in the same building, with a combined input which is 300,000
BTU/hour or less, shall be charged a single inspection fee, and further
provided that, not more than two hundred seventy-five dollars shall be
charged for the inspection of any one boiler for any year; except that
[in the case] NO FEE SHALL BE CHARGED FOR INTERNAL OR EXTERNAL
INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as
a hobby and displayed at agricultural fairs and other gatherings[, a fee
of twenty-five dollars only shall be charged the owner or lessee thereof
for each boiler internally inspected by the commissioner and a fee of
twenty-five dollars only shall be charged for each boiler externally
inspected by the commissioner, but not more than fifty dollars shall be
charged for the inspection of any one such boiler for any year, and
except that in the case] OR of a miniature boiler [a fee of fifty
dollars only shall be charged for the inspection of any one such boiler
for any year. Such fee shall be payable within thirty days after
inspection].
S 2. Subdivision 1 of section 212-b of the labor law, as amended by
section 6 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. No person shall operate a farm labor camp commissary, or cause or
allow the operation of a farm labor camp commissary, without a permit
from the commissioner to do so, and unless such permit is in full force
and effect. Application for such permit shall be made on a form
S. 2006--A 171 A. 3006--A
prescribed by the commissioner [and shall be accompanied by a non-re-
fundable fee of forty dollars].
S 3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, as amended by
section 12 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. Employers in defense work may make applications for dispensation
pursuant to this article in such manner and upon such forms as the
commissioner of labor shall prescribe. [Each application shall be
accompanied by a non-refundable fee of forty dollars payable to the
commissioner.] The commissioner of labor may, after hearing upon due
notice, revoke dispensations not necessary to maintain maximum possible
production in defense work.
S 4. Subdivision 5 of section 161 of the labor law, as amended by
section 1 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
5. If there shall be practical difficulties or unnecessary hardship in
carrying out the provisions of this section or the rules promulgated
hereunder, the commissioner may make a variation therefrom if the spirit
of the act be observed and substantial justice done. Such variation
shall describe the conditions under which it shall be permitted and
shall apply to substantially similar conditions. A properly indexed
record of variations shall be kept by the department. [Each application
for a variation shall be accompanied by a non-refundable fee of forty
dollars.]
S 5. Paragraph b of subdivision 4 of section 212-a of the labor law,
as amended by section 5 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such registration shall be made on a form
prescribed by the commissioner, shall contain information on wages,
working conditions, housing, and on such other matters as the commis-
sioner may prescribe [and shall be accompanied by a non-refundable fee
of forty dollars]. Copies of the application, or summaries thereof
containing the above information, shall be made available by the commis-
sioner to the registrant, and the registrant shall give a copy to each
worker, preferably at the time of recruitment, but in no event later
than the time of arrival in this state. A copy shall also be kept posted
at all times in a conspicuous place in any camp in which such workers
are housed.
S 6. Paragraph b of subdivision 2 of section 212-a of the labor law,
as amended by section 4 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such certificate of registration shall be made
on a form prescribed by the commissioner, shall contain information on
wages, working conditions, housing and on such other matters as the
commissioner may prescribe [and shall be accompanied by a non-refundable
fee of two hundred dollars]. It shall be countersigned by each grower or
processor who utilizes the services of such farm labor contractor, as
provided in subdivision three of this section. Copies of the applica-
tion, or summaries thereof containing the above information, shall be
made available by the commissioner to the registrant, and the registrant
shall give a copy to each worker, preferably at the time of recruitment,
but in no event later than the time of arrival in this state if the
worker comes from outside of the state, or the time of commencement of
work if the worker does not come from outside of the state. A copy shall
also be kept posted at all times in a conspicuous place in any camp in
S. 2006--A 172 A. 3006--A
which such workers are housed. Each applicant shall submit his OR HER
fingerprints with his OR HER application for a certificate of registra-
tion. Such fingerprints shall be submitted to the division of criminal
justice services for a state criminal history record check, as defined
in subdivision one of section three thousand thirty-five of the educa-
tion law, and may be submitted to the federal bureau of investigation
for a national criminal history record check.
S 7. Subdivision 2 of section 352 of the labor law is REPEALED.
S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
chapter 565 of the laws of 2002, are amended to read as follows:
5. A professional employer organization shall be exempt from the
registration requirements specified in this section [and from the fees
specified in section nine hundred twenty of this article] if such
professional employer organization:
(a) submits a properly executed request for registration and exemption
on a form provided by the department;
(b) is domiciled outside this state and is licensed or registered as a
professional employer organization in another state that has the same or
greater requirements as this article;
(c) does not maintain an office in this state or solicit in any manner
clients located or domiciled within this state; and
(d) does not have more than twenty-five worksite employees in this
state.
6. The registration and exemption of a professional employer organiza-
tion under subdivision five of this section shall be valid for one year.
[Each de minimis registrant shall pay to the department upon initial
registration, and upon each annual renewal thereafter, a registration
fee in the amount of two hundred fifty dollars.]
S 9. Section 920 of the labor law is REPEALED.
S 10. Subdivision 4 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007, is amended to read as
follows:
4. Employers required to participate in the workplace safety and loss
prevention program established by this section shall be permitted to
utilize the services of either the department of labor, or a private
safety and loss consultant which has been certified by the department of
labor [and has paid the appropriate certification fee prescribed by
rules and regulations promulgated under this section]. Private safety
and loss consultants may charge employers a fee for their services[, and
where employers elect to have the services provided by the department of
labor, they shall pay for such services in accordance with fee schedules
established by the department of labor's rules and regulations].
S 11. Subdivision 5 of section 134 of the workers' compensation law is
REPEALED.
S 12. Subdivision 10 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
10. The commissioner of labor, in consultation with the superintendent
of financial services, shall promulgate rules and regulations for the
certification of safety and loss management specialists. Such rules and
regulations shall include provisions that outline the minimum qualifica-
tions for safety and loss management specialists, procedures for certif-
ication, causes for revocation or suspension of certification and appro-
priate administrative and judicial review procedures, AND violations and
penalties for misuse of certification by certified safety and loss
S. 2006--A 173 A. 3006--A
management specialists[, and fees for certificate and certificate
renewal].
S 13. Subdivision 2 of section 345-a of the labor law, as added by
chapter 503 of the laws of 1998, is amended to read as follows:
2. For the purposes of this section, the exercise of reasonable care
or diligence by a manufacturer or contractor shall be presumed if, prior
to the execution of such contract or subcontract, and annually thereaft-
er, such manufacturer or contractor receives from the department written
assurance of compliance with section three hundred forty-one of this
article. [The department may charge a reasonable fee for providing such
assurance to a manufacturer or contractor.]
S 14. Subdivisions 6 and 7 of section 819 of the labor law are
REPEALED and subdivision 5, as amended by chapter 319 of the laws of
2004, is amended to read as follows:
5. The entity possesses a tag issued by the department with an iden-
tification number affixed and identifying each machine[;].
S 15. Section 204-a of the labor law is REPEALED.
S 16. This act shall take effect immediately.
PART Q
Section 1. Subdivision 2 of section 355 of the education law is
amended by adding a new paragraph f-1 to read as follows:
F-1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION
BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS
ENROLLED IN AN ACADEMIC PROGRAM OF THE STATE UNIVERSITY OF NEW YORK
SHALL BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED
LEARNING ACTIVITY AS A DEGREE REQUIREMENT. SUCH RESOLUTION SHALL DEFINE
APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY
OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON-
PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN-
TATION OF THIS REQUIREMENT.
S 2. Section 6206 of the education law is amended by adding a new
subdivision 18 to read as follows:
18. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL PASS A RESOLUTION BY
DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDING THAT STUDENTS
ENROLLED IN AN ACADEMIC PROGRAM OF THE CITY UNIVERSITY OF NEW YORK SHALL
BE REQUIRED TO PARTICIPATE IN AN APPROVED EXPERIENTIAL OR APPLIED LEARN-
ING ACTIVITY AS A DEGREE REQUIREMENT. SUCH RESOLUTION SHALL DEFINE
APPROVED EXPERIENTIAL OR APPLIED LEARNING ACTIVITIES, METHODS OF FACULTY
OVERSIGHT AND ASSESSMENT, RESPONSIBILITIES OF BUSINESS, CORPORATE, NON-
PROFIT OR OTHER ENTITIES HOSTING STUDENTS, AND A PLAN FOR FULL IMPLEMEN-
TATION OF THIS REQUIREMENT.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART R
Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005, relating to the New York state higher
education capital matching grant program for independent colleges, as
amended by section 1 of part H of chapter 56 of the laws of 2014, is
amended to read as follows:
S. 2006--A 174 A. 3006--A
(a) The New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital matching grant program from the
effective date of this section through [March 31, 2017, or] the date on
which the last of the funds available for grants under this section
shall have been disbursed[, whichever is earlier]; provided, however,
that the termination of the existence of the board shall not affect the
power and authority of the dormitory authority to perform its obli-
gations with respect to any bonds, notes, or other indebtedness issued
or incurred pursuant to authority granted in this section.
S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
57 of the laws of 2005, relating to the New York state higher education
capital matching grant program for independent colleges, as amended by
section 2 of part H of chapter 56 of the laws of 2014, is amended to
read as follows:
(h) In the event that any colleges do not apply for higher education
capital matching grants by March 31, 2009, or in the event they apply
for and are awarded, but do not use the full amount of such grants, the
unused funds associated with such grants and any additional funds that
become available shall thereafter be awarded to colleges on a compet-
itive basis. The dormitory authority shall develop a request for
proposals and application process, in consultation with the board, for
higher education capital matching grants awarded pursuant to this para-
graph, and shall develop criteria, subject to review by the board, for
the awarding of such grants. Such criteria may include, but not be
limited to the matching criteria contained in paragraph (c) of this
subdivision, and application criteria set forth in paragraph (e) of this
subdivision. [The dormitory authority shall require all applications in
response to the request for proposals to be submitted by September 1,
2014, and the board shall act on each application for such matching
grants by November 1, 2014.]
S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005, relating to the
New York state higher education capital matching grant program for inde-
pendent colleges, as amended by section 3 of part H of chapter 56 of the
laws of 2014, is amended to read as follows:
(A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the director of the budget is
authorized in any state fiscal year commencing April 1, 2005 or any
state fiscal year thereafter [for a period ending on March 31, 2017], to
enter into one or more service contracts, none of which shall exceed 30
years in duration, with the dormitory authority, upon such terms as the
director of the budget and the dormitory authority agree.
S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005, relating to the New York state higher education
capital matching grant program for independent colleges, as amended by
section 4 of part H of chapter 56 of the laws of 2014, is amended to
read as follows:
(b) Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority [no later than June 1,
2018,] on the use of funding received and its programmatic and economic
S. 2006--A 175 A. 3006--A
impact NO LATER THAN TWELVE MONTHS AFTER THE COMPLETION OF THE PROJECT.
The dormitory authority shall submit a report [no later than November 1,
2018] to the governor, the director of the budget, the temporary presi-
dent of the senate, and the speaker of the assembly on the aggregate
impact of the higher education [matching] capital MATCHING grant program
NO LATER THAN EIGHTEEN MONTHS AFTER THE COMPLETION OF THE LAST PROJECT.
Such report shall provide information on the progress and economic
impact of such [project] PROJECTS.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through R of this act shall be
as specifically set forth in the last section of such Parts.