EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-04-7
A. 3006--B 2
at a school, in relation to the effectiveness thereof; to amend the
education law, in relation to the special needs of gifted students; to
amend chapter 472 of the laws of 1998, amending the education law
relating to the lease of school buses by school districts, in relation
to the effectiveness thereof; to amend chapter 82 of the laws of 1995,
amending the education law and certain other laws relating to state
aid to school districts and the appropriation of funds for the support
of government, in relation to the effectiveness thereof; to amend
chapter 91 of the laws of 2002 amending the education law and other
laws relating to the reorganization of the New York city school
construction authority, board of education and community boards, in
relation to the effectiveness thereof; to amend chapter 101 of the
laws of 2003, amending the education law relating to implementation of
the No Child Left Behind Act of 2001, in relation to the effectiveness
thereof; to amend chapter 345 of the laws of 2009 amending the educa-
tion law and other laws relating to the New York city board of educa-
tion, chancellor, community councils, and community superintendents,
in relation to the effectiveness thereof; to amend chapter 756 of the
laws of 1992, relating to funding a program for work force education
conducted by the consortium for worker education in New York city, in
relation to reimbursements for the 2017-2018 school year; to amend
chapter 756 of the laws of 1992, relating to funding a program for
work force education conducted by the consortium for worker education
in New York city, in relation to withholding a portion of employment
preparation education aid and in relation to the effectiveness there-
of; to amend chapter 89 of the laws of 2016, relating to supplementary
funding for dedicated programs for public school students in the East
Ramapo central school district, in relation to reimbursement to such
school district and in relation to the effectiveness thereof; to amend
chapter 147 of the laws of 2001, amending the education law relating
to conditional appointment of school district, charter school or BOCES
employees, in relation to the effectiveness thereof; relating to
school bus driver training; relates to special apportionment for sala-
ry expenses and public pension accruals; relates to suballocations of
appropriations; relating to the city school district of the city of
Rochester; relates to total foundation aid for the purpose of the
development, maintenance or expansion of certain magnet schools or
magnet school programs for the 2017-2018 school year; relates to the
support of public libraries; to amend the education law, in relation
to serving persons two years of age or older; to amend chapter 121 of
the laws of 1996, relating to authorizing the Roosevelt union free
school district to finance deficits by the issuance of serial bonds,
in relation to school district apportionments; to amend chapter 57 of
the laws of 2004, relating to the support of education in relation to
the effectiveness thereof; to amend the education law, in relation to
estimated data relating to apportionments; to amend chapter 57 of the
laws of 2008, amending the education law relating to the universal
pre-kindergarten program, in relation to the effectiveness thereof; to
amend chapter 658 of the laws of 2002, amending the education law
relating to citizenship requirements for permanent certification as a
teacher, in relation to extending the effectiveness thereof; to amend
the education law, in relation to reimbursement methodologies for
tuition and maintenance in certain schools; to exempt the state educa-
tion department from budget bulletin B-1182; relating to persistently
failing school transformation grant funds; providing for the increase
of tuition rates; to amend the education law, in relation to teacher
A. 3006--B 3
certification standards for eligible agencies; to amend the education
law, in relation to contracts for the transportation of school chil-
dren; to amend the tax law, in relation to exempting school buses from
sales and use taxes; to amend the education law, in relation to addi-
tional expanded prekindergarten; to direct the chancellor of the New
York city department of education to complete a study on the admission
processes of the specialized senior high schools; to authorize the
commissioner of education to recover a penalty from the Newburgh city
school district; to authorize the commissioner of education to recover
a penalty from the North Syracuse central school district; requiring a
report on student discipline; and to repeal subdivision 16 of section
3602-ee of the education law, relating thereto (Part A); to amend the
education law and the state finance law, in relation to charter
schools (Part A-1); intentionally omitted (Part B); to amend the
education law, in relation to the education of homeless children (Part
C); to amend the education law, in relation to establishing the
excelsior scholarship (Part D); to amend the education law, in
relation to creating the New York DREAM fund commission; eligibility
requirements and conditions governing general awards, academic
performance awards and student loans; eligibility requirements for
assistance under the higher education opportunity programs and the
collegiate science and technology entry program; financial aid oppor-
tunities 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 E); intentionally omitted (Part F); to amend the
education law and the state finance law, in relation to the NY-SUNY
2020 challenge grant program act; and to amend chapter 260 of the laws
of 2011, amending the education law and the New York state urban
development corporation act relating to establishing components of the
NY-SUNY 2020 challenge grant program, in relation to the effectiveness
thereof (Part G); to amend the education law, in relation to founda-
tion contributions to SUNY and CUNY (Part H); to amend the limited
liability company law, in relation to creating a right for victims of
wage theft; to amend the labor law, in relation to employee complaints
and in relation to personal liability of members with the largest
ownership interests in a company for wage theft; to amend the limited
liability company law and the labor law, in relation to the ability of
the state to collect unpaid wages; to amend the lien law, in relation
to employee liens; to amend the civil practice law and rules, in
relation to grounds for attachment; and to amend the business corpo-
ration law, in relation to streamlining procedures where employees may
hold shareholders of non-publicly traded corporations personally
liable for wage theft (Part I); to amend the family court act, in
relation to family court proceedings, jurisdiction of the court, the
definition of juvenile delinquent, the definition 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 expenditures 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 dispositions, sentences, and
A. 3006--B 4
periods of post-release supervision for juvenile offenders; to amend
chapter 3 of the laws of 1995, enacting the sentencing reform act of
1995, in relation to extending the expiration of certain provisions of
such chapter; 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; in relation to
removal of certain proceedings to family court; in relation to joinder
of offenses and consolidation of indictments; in relation to appear-
ances and hearings for and placements of certain juvenile offenders;
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; and to amend
the vehicle and traffic law, in relation to convictions; and in
relation to suspension, revocation and reissuance of licenses and
registrations; and to repeal certain provisions of the correction law
relating to the housing of prisoners and other persons in custody
(Part J); to amend chapter 83 of the laws of 2002, amending the execu-
tive law and other laws relating to funding for children and family
services, in relation to extending the effectiveness thereof (Subpart
A); Intentionally omitted (Subpart B) (Part K); to amend the family
court act, in relation to the definition of an abused child (Part L);
to amend the executive law, the social services law and the family
court act, in relation to increasing the age of youth eligible to be
served in RHYA programs and to allow for additional length of stay for
youth in residential programs (Part M); to amend the public health
law, in relation to the licensure of certain health-related services
provided by authorized agencies (Part N); intentionally omitted (Part
O); 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 P); to amend the social services law, in
relation to expanding inquiries of the statewide central register of
child abuse and maltreatment and allowing additional reviews of crimi-
nal history information (Part Q); to utilize reserves in the mortgage
insurance fund for various housing purposes (Part R); intentionally
omitted (Part S); to amend the criminal procedure law and the judici-
ary law, in relation to removal of a criminal action to a veterans
court (Part T); intentionally omitted (Part U); to amend the social
services law, in relation to the twelve month work exemption for
certain parents or relatives providing child care (Part V); to amend
the social services law, in relation to educational training and
educational activities (Part W); to amend the education law, in
relation to public university and foundation oversight (Part X); to
amend the education law, in relation to increasing the amount of
tuition assistance program awards (Part Y); to amend the education
law, in relation to establishing a student loan refinance program
(Part Z); directing the chancellors of the state university of New
York and the city university of New York to examine the process by
which certain students maintain support upon transferring to a differ-
ent campus or college (Part AA); to amend the education law, in
A. 3006--B 5
relation to part-time tuition assistance program awards (Part BB); to
amend part K of chapter 58 of the laws of 2010 amending the social
services law relating to establishing the savings plan demonstration
project, in relation to extending the period of effectiveness thereof
(Part CC); relating to public works projects (Part DD); to amend the
education law, in relation to creating a firearm violence research
institute (Part EE); to amend the social services law, in relation to
establishing the home stability support program (Part FF); to amend
the social services law, in relation to increasing the standards of
monthly need for an individual receiving enhanced residential care
(Part GG); to amend the education law and the general municipal law,
in relation to changes in the tax cap (Part HH); and to amend the
education law, in relation to certain electronic and online student
resources (Part II)
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 2017-2018
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through II. 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-
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 54 of the laws of
2016, 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
A. 3006--B 6
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
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; AND
PROVIDED FURTHER THAT NO SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT A
CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN SCHOOL YEAR AND THEREAFTER. 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 pursu-
A. 3006--B 7
ant 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 activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable programs and activities in the
current year.
§ 2. The education law is amended by adding a new section 2590-v to
read as follows:
§ 2590-V. NOTICE TO STUDENTS REGARDING CERTAIN TEST SCORES. THE CHAN-
CELLOR SHALL ANNUALLY NOTIFY ALL SEVENTH GRADE STUDENTS OF OPPORTUNITIES
TO APPLY FOR ADMISSION TO THE SPECIALIZED HIGH SCHOOLS AUTHORIZED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-H
OF THIS ARTICLE.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 5-a. Intentionally omitted.
§ 5-b. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Paragraph a of subdivision 33 of section 305 of the education
law, as amended by chapter 621 of the laws of 2003, is amended to read
as follows:
a. The commissioner shall establish procedures for the approval of
providers of supplemental educational services in accordance with the
provisions of subsection (e) of section one thousand one hundred sixteen
of the No Child Left Behind Act of 2001 and shall adopt regulations to
implement such procedures. Notwithstanding any other provision of state
or local law, rule or regulation to the contrary, any local educational
agency that receives federal funds pursuant to title I of the Elementary
and Secondary Education Act of nineteen hundred sixty-five, as amended,
shall be authorized to contract with the approved provider selected by a
student's parent, as such term is defined in subsection [thirty-one]
THIRTY-EIGHT of section [nine] EIGHT thousand one hundred one of the [No
Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, for the provision of supple-
mental educational services to the extent required under such section
one thousand one hundred sixteen. Eligible approved providers shall
include, but not be limited to, public schools, BOCES, institutions of
higher education, and community based organizations.
§ 8. Subdivision 7 of section 2802 of the education law, as added by
chapter 425 of the laws of 2002, is amended to read as follows:
7. Notwithstanding any other provision of state or local law, rule or
regulation to the contrary, any student who attends a persistently
dangerous public elementary or secondary school, as determined by the
commissioner pursuant to paragraph a of this subdivision, or who is a
victim of a violent criminal offense, as defined pursuant to paragraph b
of this subdivision, that occurred on the grounds of a public elementary
or secondary school that the student attends, shall be allowed to attend
a safe public school within the local educational agency to the extent
required by section [ninety-five] EIGHTY-FIVE hundred thirty-two of the
[No Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION
ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED.
a. The commissioner shall annually determine which public elementary
and secondary schools are persistently dangerous in accordance with
regulations of the commissioner developed in consultation with a repre-
A. 3006--B 8
sentative sample of local educational agencies. Such determination shall
be based on data submitted through the uniform violent incident report-
ing system over a period prescribed in the regulations, which shall not
be less than two years.
b. Each local educational agency required to provide unsafe school
choice shall establish procedures for determinations by the superinten-
dent of schools or other chief school officer of whether a student is
the victim of a violent criminal offense that occurred on school grounds
of the school that the student attends. Such superintendent of schools
or other chief school officer shall, prior to making any such determi-
nation, consult with any law enforcement agency investigating such
alleged violent criminal offense and consider any reports or records
provided by such agency. The trustees or board of education or other
governing board of a local educational agency may provide, by local rule
or by-law, for appeal of the determination of the superintendent of
schools to such governing board. Notwithstanding any other provision of
law to the contrary, the determination of such chief school officer
pursuant to this paragraph shall not have collateral estoppel effect in
any student disciplinary proceeding brought against the alleged victim
or perpetrator of such violent criminal offense. For purposes of this
subdivision, "violent criminal offense" shall mean a crime that involved
infliction of serious physical injury upon another as defined in the
penal law, a sex offense that involved forcible compulsion or any other
offense defined in the penal law that involved the use or threatened use
of a deadly weapon.
c. Each local educational agency, as defined in subsection [twenty-
six] THIRTY of section [ninety-one] EIGHTY-ONE hundred one of the [No
Child Left Behind Act of 2001] ELEMENTARY AND SECONDARY EDUCATION ACT OF
NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, that is required to provide
school choice pursuant to section [ninety-five] EIGHTY-FIVE hundred
thirty-two of the [No Child Left Behind Act of 2001] ELEMENTARY AND
SECONDARY EDUCATION ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED,
shall establish procedures for notification of parents of, or persons in
parental relation to, students attending schools that have been desig-
nated as persistently dangerous and parents of, or persons in parental
relation to, students who are victims of violent criminal offenses of
their right to transfer to a safe public school within the local educa-
tional agency and procedures for such transfer, except that nothing in
this subdivision shall be construed to require such notification where
there are no other public schools within the local educational agency at
the same grade level or such transfer to a safe public school within the
local educational agency is otherwise impossible or to require a local
educational agency that has only one public school within the local
educational agency or only one public school at each grade level to
develop such procedures. The commissioner shall be authorized to adopt
any regulations deemed necessary to assure that local educational agen-
cies implement the provisions of this subdivision.
§ 9. Subdivision 7 of section 3214 of the education law, as added by
chapter 101 of the laws of 2003, is amended to read as follows:
7. Transfer of disciplinary records. Notwithstanding any other
provision of law to the contrary, each local educational agency, as such
term is defined in subsection [twenty-six] THIRTY of section [ninety-
one] EIGHTY-ONE hundred one of the Elementary and Secondary Education
Act of 1965, as amended, shall establish procedures in accordance with
section [forty-one hundred fifty-five] EIGHTY-FIVE HUNDRED THIRTY-SEVEN
of the Elementary and Secondary Education Act of 1965, as amended, and
A. 3006--B 9
the Family Educational Rights and Privacy Act of 1974, to facilitate the
transfer of disciplinary records relating to the suspension or expulsion
of a student to any public or nonpublic elementary or secondary school
in which such student enrolls or seeks, intends or is instructed to
enroll, on a full-time or part-time basis.
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. 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 35 of part A of chapter 54 of the laws of 2016, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2017] 2018.
§ 13. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to the implementation of the No Child Left Behind
Act of 2001, as amended by section 36 of part A of chapter 54 of the
laws of 2016, is amended to read as follows:
§ 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2017] 2018.
§ 14. Paragraph o of subdivision 1 of section 3602 of the education
law, as amended by section 15 of part A of chapter 54 of the laws of
2016, is amended to read as follows:
o. "English language learner count" shall mean the number of pupils
served in the base year in programs for pupils [with limited English
proficiency] WHO ARE ENGLISH LANGUAGE LEARNERS approved by the commis-
sioner pursuant to the provisions of this chapter and in accordance with
regulations adopted for such purpose.
§ 15. Intentionally omitted.
§ 16. Paragraph q of subdivision 1 of section 3602 of the education
law, as amended by section 25 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
q. "Poverty count" shall mean the sum of the product of the lunch
count multiplied by sixty-five percent, plus the product of the census
count multiplied by sixty-five percent, PROVIDED, HOWEVER, THAT FOR THE
TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFT-
ER, FOR ANY SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, WITH A SELECTED POVERTY RATE OF
GREATER THAN ONE-QUARTER (0.25), THE CENSUS COUNT SHALL BE MULTIPLIED BY
NINETY PERCENT (0.9), where:
(i) "Lunch count" shall mean the product of the public school enroll-
ment of the school district on the date enrollment was counted in
accordance with this subdivision for the base year multiplied by the
three-year average free and reduced price lunch percent; and
(ii) "Census count" shall mean the product of the public school
enrollment of the school district on the date enrollment was counted in
accordance with this subdivision for the base year multiplied by: (A)
FOR THE SCHOOL YEARS PRIOR TO THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN SCHOOL YEAR, THE CENSUS 2000 POVERTY RATE AND; (B) FOR THE TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER,
THE SELECTED POVERTY RATE.
(III) "CENSUS 2000 POVERTY RATE" SHALL MEAN the quotient of the number
of persons aged five to seventeen within the school district, based on
the [most recent] decennial census CONDUCTED IN THE YEAR TWO THOUSAND as
A. 3006--B 10
tabulated by the National Center on Education Statistics, who were
enrolled in public schools and whose families had incomes below the
poverty level, divided by the total number of persons aged five to
seventeen within the school district, based on such decennial census,
who were enrolled in public schools, computed to four decimals without
rounding.
(IV) "SELECTED POVERTY RATE" SHALL MEAN: (A) FOR SCHOOL DISTRICTS WITH
HIGH CONCENTRATIONS OF NONPUBLIC STUDENTS, THE GREATER OF THE CENSUS
2000 POVERTY RATE OR THE THREE-YEAR AVERAGE SMALL AREA INCOME AND POVER-
TY ESTIMATE POVERTY RATE; AND (B) FOR ALL OTHER SCHOOL DISTRICTS, THE
THREE-YEAR AVERAGE SMALL AREA INCOME AND POVERTY ESTIMATE POVERTY RATE.
FOR THE PURPOSES OF THIS SUBPARAGRAPH, "THREE-YEAR AVERAGE SMALL AREA
INCOME AND POVERTY ESTIMATE POVERTY RATE" SHALL EQUAL THE QUOTIENT OF
(1) THE SUM OF THE NUMBER OF PERSONS AGED FIVE TO SEVENTEEN WITHIN THE
SCHOOL DISTRICT, BASED ON THE SMALL AREA INCOME AND POVERTY ESTIMATES
PRODUCED BY THE UNITED STATES CENSUS BUREAU, WHOSE FAMILIES HAD INCOMES
BELOW THE POVERTY LEVEL FOR THE YEAR TWO YEARS PRIOR TO THE YEAR IN
WHICH THE BASE YEAR BEGAN, PLUS SUCH NUMBER FOR THE YEAR THREE YEARS
PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS SUCH NUMBER FOR THE
YEAR FOUR YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, DIVIDED
BY (2) THE SUM OF THE TOTAL NUMBER OF PERSONS AGED FIVE TO SEVENTEEN
WITHIN THE SCHOOL DISTRICT, BASED ON SUCH CENSUS BUREAU ESTIMATES, FOR
THE YEAR TWO YEARS PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, PLUS
SUCH TOTAL NUMBER FOR THE YEAR THREE YEARS PRIOR TO THE YEAR IN WHICH
THE BASE YEAR BEGAN, PLUS SUCH TOTAL NUMBER FOR THE YEAR FOUR YEARS
PRIOR TO THE YEAR IN WHICH THE BASE YEAR BEGAN, COMPUTED TO FOUR DECI-
MALS WITHOUT ROUNDING.
(V) "SCHOOL DISTRICTS WITH HIGH CONCENTRATIONS OF NONPUBLIC STUDENTS"
SHALL MEAN ANY DISTRICT WHERE: (A) THE QUOTIENT ARRIVED AT WHEN DIVIDING
(1) THE SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN THROUGH TWELVE IN
THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FIVE AND SIX OF PARA-
GRAPH N OF THIS SUBDIVISION BY (2) THE RESIDENT PUBLIC SCHOOL DISTRICT
ENROLLMENT IN THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPHS FOUR,
FIVE, AND SIX OF PARAGRAPH N OF THIS SUBDIVISION IS GREATER THAN
FIFTEEN-HUNDREDTHS (0.15); AND (B) THE THREE-YEAR AVERAGE SMALL AREA
INCOME AND POVERTY ESTIMATE POVERTY RATE IS GREATER THAN TEN PERCENT
(0.10).
§ 17. Intentionally omitted.
§ 18. Intentionally omitted.
§ 19. Paragraph a of subdivision 9 of section 3602 of the education
law, as amended by section 9 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
a. For aid payable in the [two thousand seven--two thousand eight] TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year and thereafter,
school districts which provided any half-day kindergarten programs or
had no kindergarten programs in the nineteen hundred ninety-six--nine-
ty-seven school year and in the base year, and which have not received
an apportionment pursuant to this paragraph in any prior school year,
shall be eligible for FIVE YEAR TRANSITION aid.
I. THE AID IN THE FIRST YEAR OF FULL DAY KINDERGARTEN TRANSITION IS
equal to the product of the district's selected foundation aid calcu-
lated pursuant to subdivision four of this section multiplied by the
positive difference resulting when the full day kindergarten enrollment
of children attending programs in the district in the base year is
subtracted from such enrollment in the current year. THE REMAINING TRAN-
SITION AID SHALL BE APPORTIONED AS FOLLOWS:
A. 3006--B 11
II. AID IN YEAR TWO SHALL EQUAL EIGHTY PERCENT OF THE AID RECEIVED BY
THE DISTRICT IN YEAR ONE.
III. AID IN YEAR THREE SHALL EQUAL SIXTY PERCENT OF THE AID RECEIVED
BY THE DISTRICT IN YEAR ONE.
IV. AID IN YEAR FOUR SHALL EQUAL FORTY PERCENT OF THE AID RECEIVED BY
THE DISTRICT IN YEAR ONE.
V. AID IN YEAR FIVE SHALL EQUAL TWENTY PERCENT OF THE AID RECEIVED BY
THE DISTRICT IN YEAR ONE.
§ 20. Intentionally omitted.
§ 21. Subdivision 4 of section 3602 of the education law, as amended
by section 5-a of part A of chapter 56 of the laws of 2015, the opening
paragraph, subparagraph 1 of paragraph a, clause (ii) of subparagraph 2
of paragraph b and paragraph d as amended and paragraph b-2 as added by
section 7 of part A of chapter 54 of the laws of 2016, paragraph e as
added by section 8 of part A of chapter 54 of the laws of 2016, is
amended to read as follows:
4. Total foundation aid. In addition to any other apportionment
pursuant to this chapter, a school district, other than a special act
school district as defined in subdivision eight of section four thousand
one of this chapter, shall be eligible for total foundation aid equal to
the product of total aidable foundation pupil units multiplied by the
district's selected foundation aid, which shall be the greater of five
hundred dollars ($500) or foundation formula aid, provided, however that
for the two thousand seven--two thousand eight through two thousand
eight--two thousand nine school years, no school district shall receive
total foundation aid in excess of the sum of the total foundation aid
base for aid payable in the two thousand seven--two thousand eight
school year computed pursuant to subparagraph (i) of paragraph j of
subdivision one of this section, plus the phase-in foundation increase
computed pursuant to paragraph b of this subdivision, and provided
further that for the two thousand twelve--two thousand thirteen school
year, no school district shall receive total foundation aid in excess of
the sum of the total foundation aid base for aid payable in the two
thousand eleven--two thousand twelve school year computed pursuant to
subparagraph (ii) of paragraph j of subdivision one of this section,
plus the phase-in foundation increase computed pursuant to paragraph b
of this subdivision, and provided further that for the two thousand
thirteen--two thousand fourteen school year and thereafter, no school
district shall receive total foundation aid in excess of the sum of the
total foundation aid base computed pursuant to subparagraph (ii) of
paragraph j of subdivision one of this section, plus the phase-in foun-
dation increase computed pursuant to paragraph b of this subdivision,
and provided further that for the two thousand sixteen--two thousand
seventeen school year, no eligible school districts shall receive total
foundation aid in excess of the sum of the total foundation aid base
computed pursuant to subparagraph (ii) of paragraph j of subdivision one
of this section plus the sum of (A) the phase-in foundation increase,
(B) the executive foundation increase with a minimum increase pursuant
to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
NITY SCHOOLS AID" in the computer listing produced by the commissioner
in support of the executive budget request for the two thousand
sixteen--two thousand seventeen school year and entitled "BT161-7",
where (1) "eligible school district" shall be defined as a district with
(a) an unrestricted aid increase of less than seven percent (0.07) and
(b) a three year average free and reduced price lunch percent greater
than fifteen percent (0.15), and (2) "unrestricted aid increase" shall
A. 3006--B 12
mean the quotient arrived at when dividing (a) the sum of the executive
foundation aid increase plus the gap elimination adjustment for the base
year, by (b) the difference of foundation aid for the base year less the
gap elimination adjustment for the base year, and (3) "executive founda-
tion increase" shall mean the difference of (a) the amounts set forth
for each school district as "FOUNDATION AID" under the heading "2016-17
ESTIMATED AIDS" in the school aid computer listing produced by the
commissioner in support of the executive budget request for the two
thousand sixteen--two thousand seventeen school year and entitled
"BT161-7" less (b) the amounts set forth for each school district as
"FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS" in such
computer listing and provided further that total foundation aid shall
not be less than the product of the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section and the due-
minimum percent which shall be, for the two thousand twelve--two thou-
sand thirteen school year, one hundred and six-tenths percent (1.006)
and for the two thousand thirteen--two thousand fourteen school year for
city school districts of those cities having populations in excess of
one hundred twenty-five thousand and less than one million inhabitants
one hundred and one and one hundred and seventy-six thousandths percent
(1.01176), and for all other districts one hundred and three-tenths
percent (1.003), and for the two thousand fourteen--two thousand fifteen
school year one hundred and eighty-five hundredths percent (1.0085), and
for the two thousand fifteen--two thousand sixteen school year, one
hundred thirty-seven hundredths percent (1.0037)[, subject to allocation
pursuant to the provisions of subdivision eighteen of this section and
any provisions of a chapter of the laws of New York as described there-
in], nor more than the product of such total foundation aid base and one
hundred fifteen percent, provided, however, that for the two thousand
sixteen--two thousand seventeen school year such maximum shall be no
more than the sum of (i) the product of such total foundation aid base
and one hundred fifteen percent plus (ii) the executive foundation
increase and plus (iii) "COMMUNITY SCHOOLS AID" in the computer listing
produced by the commissioner in support of the executive budget request
for the two thousand sixteen--two thousand seventeen school year and
entitled "BT161-7" and provided further that for the two thousand nine-
-two thousand ten through two thousand eleven--two thousand twelve
school years, each school district shall receive total foundation aid in
an amount equal to the amount apportioned to such school district for
the two thousand eight--two thousand nine school year pursuant to this
subdivision. Total aidable foundation pupil units shall be calculated
pursuant to paragraph g of subdivision two of this section. For the
purposes of calculating aid pursuant to this subdivision, aid for the
city school district of the city of New York shall be calculated on a
citywide basis.
a. Foundation formula aid. Foundation formula aid shall equal the
remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
(1) The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of special education and
general education in successful school districts, provided that the
foundation amount shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to [section
A. 3006--B 13
two thousand twenty-two of this chapter] PARAGRAPH HH OF SUBDIVISION ONE
OF THIS SECTION, provided that for the two thousand eight--two thousand
nine school year, for the purpose of such adjustment, the percentage
increase in the consumer price index shall be deemed to be two and nine-
tenths percent (0.029), and provided further that the foundation amount
for the two thousand seven--two thousand eight school year shall be five
thousand two hundred fifty-eight dollars, and provided further that for
the two thousand seven--two thousand eight through two thousand
[sixteen] SEVENTEEN--two thousand [seventeen] EIGHTEEN school years, the
foundation amount shall be further adjusted by the phase-in foundation
percent established pursuant to paragraph b of this subdivision.
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices for the two thousand [seven] SEVENTEEN--two
thousand [eight] EIGHTEEN school year and thereafter SHALL BE BASED UPON
THE MOST RECENT TRIENNIAL ANALYSIS CONDUCTED BY THE DEPARTMENT, PROVIDED
FURTHER THAT FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
SCHOOL YEAR AND THEREAFTER THE INDEX FOR THE CITY OF NEW YORK SHALL
EQUAL THE SUM OF THE TWO THOUSAND SIX REGIONAL COST INDEX PLUS ONE-HALF
OF THE DIFFERENCE BETWEEN SUCH INDEX AND THE INDEX FROM THE PREVIOUS
ANALYSIS, WHICH shall be as follows:
Labor Force Region Index
Capital District [1.124] 1.125
Southern Tier [1.045] 1.060
Western New York [1.091] 1.069
Hudson Valley [1.314] 1.359
[Long Island/NYC 1.425]
LONG ISLAND 1.316
NYC 1.502
Finger Lakes [1.141] 1.103
Central New York [1.103] 1.094
Mohawk Valley 1.000
North Country [1.000] 1.009
(3) The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one of this
section.
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
A. 3006--B 14
prior to the base year in accordance with such provisions, divided by
three, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year, and provided further that such income wealth
index shall not be less than zero for the two thousand thirteen--two
thousand fourteen school year AND THE TWO THOUSAND SEVENTEEN--TWO THOU-
SAND EIGHTEEN SCHOOL YEAR AND THEREAFTER. The selected actual valuation
shall be calculated pursuant to paragraph c of subdivision one of this
section. Total wealth foundation pupil units shall be calculated pursu-
ant to paragraph h of subdivision two of this section.
b. Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product of the phase-in foundation increase factor
multiplied by the positive difference, if any, of (i) the product of the
total aidable foundation pupil units multiplied by the district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
(2) (i) Phase-in foundation percent. The phase-in foundation percent
shall equal one hundred thirteen and fourteen one hundredths percent
(1.1314) for the two thousand eleven--two thousand twelve school year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand twelve--two thousand thirteen school year, one hundred seven
and sixty-eight hundredths percent (1.0768) for the two thousand thir-
teen--two thousand fourteen school year, one hundred five and six
hundredths percent (1.0506) for the two thousand fourteen--two thousand
fifteen school year, and one hundred two and five tenths percent
(1.0250) for the two thousand fifteen--two thousand sixteen school year.
(ii) Phase-in foundation increase factor. For the two thousand
eleven--two thousand twelve school year, the phase-in foundation
increase factor shall equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one million or more, five and twenty-three hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city school district of a
city having a population of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district other than a
city school district having a population of one million or more for
which (A) the quotient of the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent (0.07) or
A. 3006--B 15
(3) for all other school districts, four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one million or
more, thirteen and two hundred seventy-four thousandths percent
(0.13274); or (2) for districts where the quotient arrived at when
dividing (A) the product of the total aidable foundation pupil units
multiplied by the district's selected foundation aid less the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable founda-
tion pupil units multiplied by the district's selected foundation aid is
greater than nineteen percent (0.19), and where the district's combined
wealth ratio is less than thirty-three hundredths (0.33), seven and
seventy-five hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of subparagraph two of
paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", four percent (0.04); or (4) for a city school
district in a city having a population of one hundred twenty-five thou-
sand or more but less than one million, fourteen percent (0.14); or (5)
for school districts that were designated as small city school districts
or central school districts whose boundaries include a portion of a
small city for the school aid computer listing produced by the commis-
sioner in support of the enacted budget for the two thousand fourteen--
two thousand fifteen school year and entitled "SA1415", four and seven
hundred fifty-one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and for the two thousand sixteen--two
thousand seventeen school year THE FOUNDATION AID PHASE-IN INCREASE
FACTOR shall equal for an eligible school district the greater of: (1)
for a city school district in a city with a population of one million or
more, seven and seven hundred eighty four thousandths percent (0.07784);
or (2) for a city school district in a city with a population of more
than two hundred fifty thousand but less than one million as of the most
recent federal decennial census, seven and three hundredths percent
(0.0703); or (3) for a city school district in a city with a population
of more than two hundred thousand but less than two hundred fifty thou-
sand as of the most recent federal decennial census, six and seventy-two
hundredths percent (0.0672); or (4) for a city school district in a city
with a population of more than one hundred fifty thousand but less than
two hundred thousand as of the most recent federal decennial census, six
and seventy-four hundredths percent (0.0674); or (5) for a city school
district in a city with a population of more than one hundred twenty-
five thousand but less than one hundred fifty thousand as of the most
recent federal decennial census, nine and fifty-five hundredths percent
(0.0955); or (6) for school districts that were designated as small city
school districts or central school districts whose boundaries include a
portion of a small city for the school aid computer listing produced by
the commissioner in support of the enacted budget for the two thousand
fourteen--two thousand fifteen school year and entitled "SA141-5" with a
combined wealth ratio less than one and four tenths (1.4), nine percent
(0.09), provided, however, that for such districts that are also
districts designated as high need urban-suburban pursuant to clause (c)
of subparagraph two of paragraph c of subdivision six of this section
for the school aid computer listing produced by the commissioner in
support of the enacted budget for the two thousand seven--two thousand
A. 3006--B 16
eight school year and entitled "SA0708", nine and seven hundred and
nineteen thousandths percent (0.09719); or (7) for school districts
designated as high need rural pursuant to clause (c) of subparagraph two
of paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for
school districts designated as high need urban-suburban pursuant to
clause (c) of subparagraph two of paragraph c of subdivision six of this
section for the school aid computer listing produced by the commissioner
in support of the enacted budget for the two thousand seven--two thou-
sand eight school year and entitled "SA0708", seven hundred nineteen
thousandths percent (0.00719); or (9) for all other eligible school
districts, forty-seven hundredths percent (0.0047), and for the two
thousand seventeen--two thousand eighteen school year [and thereafter
the commissioner shall annually determine the phase-in foundation
increase factor subject to allocation pursuant to the provisions of
subdivision eighteen of this section and any provisions of a chapter of
the laws of New York as described therein] THE FOUNDATION AID INCREASE
PHASE-IN FACTOR SHALL EQUAL (1) FOR SCHOOL DISTRICTS WITH A SELECTED
POVERTY RATE COMPUTED PURSUANT TO PARAGRAPH Q OF SUBDIVISION ONE OF THIS
SECTION EQUAL TO OR GREATER THAN TWENTY-FOUR PERCENT (0.24), THIRTY-FIVE
PERCENT (0.35), OR (2) FOR A SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF ONE MILLION OR MORE, TWENTY-SIX AND ONE-HALF PERCENT (0.265), OR (3)
FOR ALL OTHER SCHOOL DISTRICTS, NINETEEN AND ONE-TENTH PERCENT (0.191),
AND FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR THE
FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE THIRTY-THREE PERCENT
(0.33), AND FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT
(0.5), AND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR AND THEREAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE
ONE HUNDRED PERCENT (1.0).
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight school year and thereafter,
the additional amount payable to each school district pursuant to this
subdivision in the current year as total foundation aid, after deducting
the total foundation aid base, shall be deemed a state grant in aid
identified by the commissioner for general use for purposes of section
seventeen hundred eighteen of this chapter.
b-2. Due minimum for the two thousand sixteen--two thousand seventeen
school year. Notwithstanding any other provision of law to the contrary,
for the two thousand sixteen--two thousand seventeen school year the
total foundation aid shall not be less than the sum of the total founda-
tion aid base computed pursuant to paragraph j of subdivision one of
this section plus the due minimum for the two thousand sixteen--two
thousand seventeen school year, where such due minimum shall equal the
difference of (1) the product of (A) two percent (0.02) multiplied by
(B) the difference of total foundation aid for the base year less the
gap elimination adjustment for the base year, less (2) the sum of (A)
the difference of the amounts set forth for each school district as
"FOUNDATION AID" under the heading "2016-17 ESTIMATED AIDS" in the
school aid computer listing produced by the commissioner in support of
the executive budget request for the two thousand sixteen--two thousand
seventeen school year and entitled "BT161-7" less the amounts set forth
for each school district as "FOUNDATION AID" under the heading "2015-16
A. 3006--B 17
BASE YEAR AIDS" in such computer listing plus (B) the gap elimination
adjustment for the base year.
B-3. DUE MINIMUM FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
SCHOOL YEAR. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR THE
TOTAL FOUNDATION AID SHALL NOT BE LESS THAN (A) THE AMOUNT SET FORTH FOR
SUCH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2017-18
ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST AND ENTITLED
"BT1718" OR (B) THE PRODUCT OF FIFTY PERCENT (0.5) MULTIPLIED BY TOTAL
FOUNDATION AID AS COMPUTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
OR (C) THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO
PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE DUE MINIMUM FOR
THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR, WHERE
SUCH DUE MINIMUM SHALL EQUAL (1) FOR SCHOOL DISTRICTS WITH A SELECTED
POVERTY RATE COMPUTED PURSUANT TO PARAGRAPH Q OF SUBDIVISION ONE OF THIS
SECTION, EQUAL TO OR GREATER THAN TEN PERCENT (0.1), THE PRODUCT OF THE
FOUNDATION AID BASE FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
TEEN SCHOOL YEAR COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J
OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THREE HUNDRED TWENTY-
FIVE TEN-THOUSANDTHS (0.0325), OR (2) FOR ALL OTHER SCHOOL DISTRICTS THE
PRODUCT OF THE FOUNDATION AID BASE FOR THE TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN SCHOOL YEAR COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF
PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY ONE-HUN-
DREDTH (0.01).
c. Public excess cost aid setaside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal to the product of: (i) the
difference between the amount the school district was eligible to
receive in the two thousand six--two thousand seven school year pursuant
to or in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand seven, minus
the amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such para-
graph existed on June thirtieth, two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price index for
the two thousand six--two thousand seven school year, as computed pursu-
ant to [section two thousand twenty-two of this chapter] PARAGRAPH HH OF
SUBDIVISION ONE OF THIS SECTION. Notwithstanding any other provision of
law to the contrary, the public excess cost aid setaside shall be paid
pursuant to section thirty-six hundred nine-b of this part.
d. For the two thousand fourteen--two thousand fifteen through two
thousand [sixteen] SEVENTEEN--two thousand [seventeen] EIGHTEEN school
years a city school district of a city having a population of one
million or more may use amounts apportioned pursuant to this subdivision
for afterschool programs.
[e. Community schools aid set-aside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal to the following amount, if any,
for such district and shall use the amount so set aside to support the
transformation of school buildings into community hubs to deliver co-lo-
cated or school-linked academic, health, mental health, nutrition, coun-
seling, legal and/or other services to students and their families,
including but not limited to providing a community school site coordina-
A. 3006--B 18
tor, or to support other costs incurred to maximize students' academic
achievement:
Addison $132,624
Adirondack $98,303
Afton $62,527
Albany $2,696,127
Albion $171,687
Altmar-Parish-Williamstown $154,393
Amityville $140,803
Amsterdam $365,464
Andover $41,343
Auburn $211,759
Ausable Valley $82,258
Avoca $40,506
Batavia $116,085
Bath $139,788
Beacon $87,748
Beaver River $67,970
Beekmantown $98,308
Belfast $44,520
Belleville Henderson $21,795
Binghamton $477,949
Bolivar-Richburg $102,276
Bradford $28,058
Brasher Falls $146,944
Brentwood $2,089,437
Bridgewater-West Winfield (Mt. Markham) $101,498
Brocton $63,939
Brookfield $24,973
Brushton-Moira $102,613
Buffalo $12,524,617
Camden $243,929
Campbell-Savona $81,862
Canajoharie $78,428
Canaseraga $24,622
Candor $69,400
Canisteo-Greenwood $105,783
Carthage $273,578
Cassadaga Valley $99,547
Catskill $69,599
Cattaraugus-Little Valley $89,771
Central Islip $650,359
Central Valley $154,059
Charlotte Valley $27,925
Chateaugay $43,580
Cheektowaga-Sloan $68,242
Chenango Valley $46,359
Cherry Valley-Springfield $29,704
Cincinnatus $71,378
Clifton-Fine $17,837
Clyde-Savannah $84,797
Clymer $28,267
Cohoes $110,625
Copenhagen $35,037
Copiague $308,995
Cortland $147,875
A. 3006--B 19
Crown Point $24,277
Cuba-Rushford $67,917
Dalton-Nunda (Keshequa) $65,630
Dansville $136,766
De Ruyter $38,793
Deposit $37,615
Dolgeville $82,884
Downsville $10,000
Dundee $59,404
Dunkirk $224,658
East Ramapo (Spring Valley) $360,848
Edmeston $30,288
Edwards-Knox $95,261
Elizabethtown-Lewis $14,844
Ellenville $128,950
Elmira $501,348
Fallsburg $111,523
Fillmore $84,252
Forestville $34,773
Fort Edward $32,403
Fort Plain $86,187
Franklin $19,086
Franklinville $84,503
Freeport $479,702
Friendship $51,013
Fulton $241,424
Genesee Valley $65,066
Geneva $146,409
Georgetown-South Otselic $34,626
Gilbertsville-Mount Upton $30,930
Glens Falls Common $10,000
Gloversville $257,549
Gouverneur $197,139
Gowanda $122,173
Granville $86,044
Green Island $17,390
Greene $87,782
Hadley-Luzerne $37,868
Hammond $18,750
Hancock $34,174
Hannibal $149,286
Harpursville $89,804
Hempstead $3,123,056
Herkimer $64,467
Hermon-Dekalb $49,211
Heuvelton $53,905
Hinsdale $47,128
Hornell $152,327
Hudson $86,263
Hudson Falls $125,709
Indian River $404,452
Jamestown $422,610
Jasper-Troupsburg $65,899
Jefferson $22,350
Johnson $179,735
Johnstown $98,329
A. 3006--B 20
Kingston $241,138
Kiryas Joel $10,000
La Fargeville $36,602
Lackawanna $293,188
Lansingburgh $170,080
Laurens $32,110
Liberty $141,704
Lisbon $56,498
Little Falls $76,292
Livingston Manor $32,996
Lowville $117,907
Lyme $15,856
Lyons $89,298
Madison $43,805
Madrid-Waddington $59,412
Malone $241,483
Marathon $79,560
Margaretville $10,000
Massena $227,985
Mcgraw $51,558
Medina $135,337
Middleburgh $58,936
Middletown $683,511
Milford $28,281
Monticello $185,418
Moriah $76,592
Morris $45,012
Morristown $25,106
Morrisville-Eaton $62,490
Mt Morris $58,594
Mt Vernon $517,463
New York City $28,491,241
Newark $137,556
Newburgh $837,244
Newfield $60,998
Niagara Falls $733,330
North Rose-Wolcott $107,958
Northern Adirondack $84,115
Norwich $155,921
Norwood-Norfolk $116,262
Odessa-Montour $70,110
Ogdensburg $126,942
Olean $129,603
Oppenheim-Ephratah-St. Johnsville $86,646
Otego-Unadilla $72,613
Oxford Acad & Central Schools $80,443
Parishville-Hopkinton $35,003
Peekskill $230,795
Penn Yan $71,001
Pine Valley (South Dayton) $67,455
Plattsburgh $75,055
Poland $37,498
Port Chester-Rye $241,428
Port Jervis $189,220
Poughkeepsie $1,747,582
Prattsburgh $35,110
A. 3006--B 21
Pulaski $89,146
Putnam $10,000
Randolph $88,646
Red Creek $87,007
Remsen $32,650
Rensselaer $74,616
Richfield Springs $37,071
Ripley $18,495
Rochester $7,624,908
Rome $369,655
Romulus $22,112
Roosevelt $353,005
Salamanca $139,051
Salmon River $200,831
Sandy Creek $72,287
Schenectady $642,884
Schenevus $29,516
Scio $47,097
Sharon Springs $26,994
Sherburne-Earlville $154,286
Sherman $45,067
Sidney $98,699
Silver Creek $68,538
Sodus $100,038
Solvay $85,506
South Kortright $23,420
South Lewis $95,627
South Seneca $49,768
Spencer-Van Etten $76,108
St Regis Falls $30,078
Stamford $20,137
Stockbridge Valley $38,537
Syracuse $10,186,478
Ticonderoga $36,467
Tioga $99,411
Troy $277,420
Unadilla Valley $90,571
Uniondale $362,887
Utica $273,267
Van Hornesville-Owen D. Young $18,604
Walton $82,541
Warrensburg $57,996
Waterloo $123,111
Watertown $222,343
Watervliet $94,487
Waverly $120,319
Wayland-Cohocton $125,273
Wellsville $114,359
West Canada Valley $58,917
Westbury $403,563
Westfield $46,542
Whitehall $46,192
Whitesville $26,719
Whitney Point $152,109
William Floyd $492,842
Worcester $26,862
A. 3006--B 22
Wyandanch $402,010
Yonkers $4,286,726
Yorkshire-Pioneer $210,306]
§ 21-a. Subparagraph (ii) of paragraph j of subdivision 1 of section
3602 of the education law, as amended by section 11 of part B of chapter
57 of the laws of 2007, is amended and a new subparagraph (iii) is added
to read as follows:
(ii) For aid payable in the two thousand eight--two thousand nine
school year [and thereafter] THROUGH THE TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN SCHOOL YEAR, AND THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN SCHOOL YEAR AND THEREAFTER, the total foundation aid base shall
equal the total amount a district was eligible to receive in the base
year pursuant to subdivision four of this section.
(III) FOR AID PAYABLE IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN SCHOOL YEAR, THE TOTAL FOUNDATION AID BASE SHALL EQUAL THE
TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR PURSU-
ANT TO SUBDIVISION FOUR OF THIS SECTION LESS AN AMOUNT SET FORTH AS
"COMMUNITY SCHL AID (BT1617)" IN THE DATA FILE PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SIXTEEN--
TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "SA1617".
§ 21-b. Subdivision 1 of section 3602 of the education law is amended
by adding a new paragraph hh to read as follows:
HH. "CONSUMER PRICE INDEX" SHALL MEAN THE PERCENTAGE THAT REPRESENTS
THE AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE
UNITED STATES DEPARTMENT OF LABOR, FOR THE TWELVE MONTH PERIOD PRECEDING
JANUARY FIRST OF THE CURRENT YEAR.
§ 21-c. Section 3602 of the education law is amended by adding a new
subdivision 19 to read as follows:
19. COMMUNITY SCHOOLS AID. FOR THE TWO THOUSAND SEVENTEEN--TWO THOU-
SAND EIGHTEEN SCHOOL YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE
ELIGIBLE TO RECEIVE AN APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL TO
THE SUM OF THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT.
A. THE TIER ONE APPORTIONMENT SHALL EQUAL THE AMOUNT SET FORTH AS
"COMMUNITY SCHL AID (BT1617)" IN THE DATA FILE PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SIXTEEN--
TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "SA1617".
B. THE TIER TWO APPORTIONMENT SHALL EQUAL THE AMOUNT SET FORTH AS
"COMMUNITY SCH INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED "BT1718".
C. SCHOOL DISTRICTS SHALL USE AMOUNTS APPORTIONED PURSUANT TO THIS
SUBDIVISION TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO
COMMUNITY HUBS TO DELIVER CO-LOCATED OR SCHOOL-LINKED ACADEMIC, HEALTH,
MENTAL HEALTH, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO
STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A
COMMUNITY SCHOOL SITE COORDINATOR, OR TO SUPPORT OTHER COSTS INCURRED TO
MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT.
§ 21-d. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by chapter 296 of the laws of 2016, is amended to read
as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, including
approved expenses from the testing of potable water systems of occupied
school buildings under the board's jurisdiction as required pursuant to
section eleven hundred ten of the public health law, except that that
A. 3006--B 23
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is, (I) FOR THE TWO
THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND PRIOR SCHOOL YEARS in
excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU-
SAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR, IN EXCESS OF THIRTY-
FOUR THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND EIGH-
TEEN--TWO THOUSAND NINETEEN SCHOOL YEAR IN EXCESS OF FORTY THOUSAND
DOLLARS, (IV) FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR, IN EXCESS OF FORTY-SIX THOUSAND DOLLARS, AND (V) FOR
AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR AND THEREAFTER, IN EXCESS OF FIFTY-TWO THOUSAND DOLLARS, shall not
be such an approved expense, and except also that administrative and
clerical expenses shall not exceed ten percent of the total expenses for
purposes of this computation. Any gifts, donations or interest earned by
the board of cooperative educational services or on behalf of the board
of cooperative educational services by the dormitory authority or any
other source shall not be deducted in determining the cost of services
allocated to each component school district. Any payments made to a
component school district by the board of cooperative educational
services pursuant to subdivision eleven of section six-p of the general
municipal law attributable to an approved cost of service computed
pursuant to this subdivision shall be deducted from the cost of services
allocated to such component school district. The expense of transporta-
tion provided by the board of cooperative educational services pursuant
to paragraph q of subdivision four of this section shall be eligible for
aid apportioned pursuant to subdivision seven of section thirty-six
hundred two of this chapter and no board of cooperative educational
services transportation expense shall be an approved cost of services
for the computation of aid under this subdivision. Transportation
expense pursuant to paragraph q of subdivision four of this section
shall be included in the computation of the ten percent limitation on
administrative and clerical expenses.
§ 21-e. Paragraph b of subdivision 10 of section 3602 of the educa-
tion law, as amended by section 16 of part B of chapter 57 of the laws
of 2007, is amended to read as follows:
b. Aid for career education. There shall be apportioned to such city
school districts and other school districts which were not components of
a board of cooperative educational services in the base year for pupils
in grades [ten] NINE through twelve in attendance in career education
programs as such programs are defined by the commissioner, subject for
the purposes of this paragraph to the approval of the director of the
budget, an amount for each such pupil to be computed by multiplying the
career education aid ratio by three thousand nine hundred dollars. Such
aid will be payable for weighted pupils attending career education
programs operated by the school district and for weighted pupils for
whom such school district contracts with boards of cooperative educa-
tional services to attend career education programs operated by a board
of cooperative educational services. Weighted pupils for the purposes of
this paragraph shall mean the sum of (I) THE PRODUCT OF the attendance
of STUDENTS IN GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN
FACTOR PLUS (II) THE ATTENDANCE OF students in grades ten through twelve
in career education sequences in trade, industrial, technical, agricul-
tural or health programs plus the product of sixteen hundredths multi-
plied by THE SUM OF (I) THE PRODUCT OF the attendance of STUDENTS IN
GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN FACTOR PLUS (II)
THE ATTENDANCE OF students in grades ten through twelve in career educa-
A. 3006--B 24
tion sequences in business and marketing as defined by the commissioner
in regulations; PROVIDED THAT THE SPECIAL SERVICES PHASE-IN FACTOR SHALL
BE (I) FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR, TWENTY-FIVE PERCENT (0.25), (II) FOR THE TWO THOUSAND EIGHTEEN--
TWO THOUSAND NINETEEN SCHOOL YEAR, FIFTY PERCENT (0.5), (III) FOR THE
TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, SEVENTY-FIVE
PERCENT (0.75), AND (IV) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR AND THEREAFTER, ONE HUNDRED PERCENT (1.0). The career
education aid ratio shall be computed by subtracting from one the prod-
uct obtained by multiplying fifty-nine percent by the combined wealth
ratio. This aid ratio shall be expressed as a decimal carried to three
places without rounding, but not less than thirty-six percent.
Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education programs in
the current year.
A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion reduced in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
support of career education programs were continued at a level equal to
or greater than the level of such overall expenditures per pupil in the
preceding school year.
§ 22. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 2 of part A of chapter 54 of the
laws of 2016, 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
[sixteen] SEVENTEEN--two thousand [seventeen] EIGHTEEN 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".
§ 23. Paragraph b of subdivision 6-c of section 3602 of the education
law, as amended by section 24 of part A of chapter 54 of the laws of
2016, is amended to read as follows:
b. For projects approved by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
stationary metal detectors, security cameras or other security devices
approved by the commissioner that increase the safety of students and
school personnel, provided that for purposes of this paragraph such
other security devices shall be limited to electronic security systems
and hardened doors, and provided that for projects approved by the
commissioner on or after the first day of July two thousand thirteen and
before the first day of July two thousand [seventeen] EIGHTEEN such
additional aid shall equal the product of (i) the building aid ratio
computed for use in the current year pursuant to paragraph c of subdivi-
sion six of this section plus ten percentage points, except that in no
case shall this amount exceed one hundred percent, and (ii) the actual
approved expenditures incurred in the base year pursuant to this subdi-
A. 3006--B 25
vision, provided that the limitations on cost allowances prescribed by
paragraph a of subdivision six of this section shall not apply, and
provided further that any projects aided under this paragraph must be
included in a district's school safety plan. The commissioner shall
annually prescribe a special cost allowance for metal detectors, and
security cameras, and the approved expenditures shall not exceed such
cost allowance.
§ 23-a. Section 3602 of the education law is amended by adding a new
subdivision 6-i to read as follows:
6-I. BUILDING AID FOR APPROVED EXPENDITURES FOR DEBT SERVICE FOR TAX
CERTIORARI FINANCING. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A
SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, BEGINNING
WITH DEBT SERVICE IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER IS HEREBY AUTHORIZED TO
APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID PURSUANT TO
THIS SUBDIVISION FOR ITS APPROVED DEBT SERVICE EXPENDITURES FOR FINANC-
ING THE COST OF A TAX CERTIORARI, WHERE THE TOTAL VALUE OF THE BOND
EXCEEDS THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR
THE YEAR PRIOR TO THE YEAR IN WHICH THE SCHOOL DISTRICT FIRST RECEIVES
BOND PROCEEDS. IN ORDER TO HAVE SUCH DEBT SERVICE EXPENDITURES APPROVED,
THE SCHOOL DISTRICT SHALL SUBMIT TO THE COMMISSIONER, IN A FORM HE OR
SHE PRESCRIBES, DOCUMENTATION RELATING TO THE ISSUANCE OF SUCH BOND,
INCLUDING BUT NOT LIMITED TO THE ORIGINAL TAX CERTIORARI, THE AMORTI-
ZATION SCHEDULE OF SUCH BOND, AND ANY OTHER DOCUMENTATION DEEMED NECES-
SARY. PROVIDED, HOWEVER, THAT IN THE EVENT THE SCHOOL DISTRICT REFUNDS
THE ORIGINAL BOND AT ANY POINT, THE SCHOOL DISTRICT SHALL PROVIDE SUCH
UPDATED DOCUMENTATION AS REQUIRED BY THE COMMISSIONER, WHO SHALL ADJUST
THE ANNUAL APPROVED EXPENDITURES ACCORDINGLY. SUCH AID SHALL EQUAL THE
PRODUCT OF THE SUM OF (1) THE BUILDING AID RATIO DEFINED PURSUANT TO
PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION PLUS (2) ONE-TENTH (0.1)
MULTIPLIED BY THE ACTUAL APPROVED DEBT SERVICE EXPENDITURES INCURRED IN
THE BASE YEAR PURSUANT TO THIS SUBDIVISION.
§ 24. Subdivision 12 of section 3602 of the education law is amended
by adding a new closing paragraph to read as follows:
FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL 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 HEADING "2016-17 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED
"SA161-7", 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.
§ 25. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 4 of part A of chapter 54 of the
laws of 2016, 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
A. 3006--B 26
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 through
[two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--
TWO THOUSAND EIGHTEEN school 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 thou-
sand 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 executive budget for the
2013-14 fiscal year and entitled "BT131-4".
§ 26. Subdivision 10 of section 3602-e of the education law, as
amended by section 22 of part B of chapter 57 of the laws of 2008, the
opening paragraph as amended by section 5 of part A of chapter 54 of the
laws of 2016, is amended to read as follows:
10. Universal prekindergarten aid. Notwithstanding any provision of
law to the contrary, for aid payable in the two thousand eight--two
thousand nine school year, the grant to 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 electronic 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 eleven school years,
such school district shall be eligible for a maximum grant equal to the
amount computed pursuant to paragraph a of subdivision 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 PREKINDERGARTEN" 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 through two thousand sixteen--two thousand seven-
teen 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 commis-
sioner 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
A. 3006--B 27
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner on May fifteenth, two thousand eleven pursuant to paragraph b of
subdivision twenty-one of section three hundred five of this chapter,
AND FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
AND THEREAFTER EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT
AMOUNT EQUAL TO THE SUM OF (I) THE AMOUNT SET FORTH FOR SUCH SCHOOL
DISTRICT AS "UNIVERSAL PREKINDERGARTEN" UNDER THE HEADING "2016-17 ESTI-
MATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE 2016-17 SCHOOL YEAR AND
ENTITLED "SA161-7" PLUS (II) THE AMOUNT AWARDED TO SUCH SCHOOL DISTRICT
FOR THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY PREKIN-
DERGARTEN GRANT PROGRAM FOR HIGH NEED STUDENTS FOR THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO CHAPTER FIFTY-
THREE OF THE LAWS OF TWO THOUSAND FOURTEEN, 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.
a. Each school district shall be eligible to [receive a grant amount
equal to the sum of (i) its prekindergarten aid base plus (ii) the prod-
uct of its selected aid per prekindergarten pupil multiplied by the
positive difference, if any of the number of aidable prekindergarten
pupils served in the current year, as determined pursuant to regulations
of the commissioner, less the base aidable prekindergarten pupils calcu-
lated pursuant to this subdivision for the two thousand seven--two thou-
sand eight school year, based on data on file for the school aid comput-
er listing produced by the commissioner in support of the enacted budget
for the two thousand seven--two thousand eight school year and entitled
"SA070-8". Provided, however, that in computing an apportionment pursu-
ant to this paragraph, for districts where the number of aidable prekin-
dergarten pupils served is less than the number of unserved prekinder-
garten pupils, such grant amount shall be the lesser of such sum
computed pursuant to this paragraph or the maximum allocation computed
pursuant to subdivision nine of this section] SERVE THE SUM OF (I) FULL-
DAY PREKINDERGARTEN PUPILS PLUS (II) HALF-DAY PREKINDERGARTEN PUPILS.
b. For purposes of paragraph a of this subdivision:
(i) "Selected aid per prekindergarten pupil" shall equal the greater
of (A) the product of five-tenths and the school district's selected
foundation aid for the current year, or (B) the aid per prekindergarten
pupil calculated pursuant to this subdivision for the two thousand six-
two thousand seven school year, based on data on file for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand six--two thousand seven school year and
entitled "SA060-7"; provided, however, that in the two thousand eight--
two thousand nine school year, a city school district in a city having a
population of one million inhabitants or more shall not be eligible to
select aid per prekindergarten pupil pursuant to clause (A) of this
subparagraph;
(ii) ["Base aidable prekindergarten pupils". "Base aidable prekinder-
garten pupils" shall equal the sum of the base aidable prekindergarten
pupils calculated pursuant to this subdivision for the base year, based
on data on file for the school aid computer listing produced by the
commissioner in support of the enacted budget for the base year, plus
the additional aidable prekindergarten pupils calculated pursuant to
this subdivision for the base year, based on data on file for the school
aid computer listing produced by the commissioner in support of the
enacted budget for the base year] "FULL-DAY PREKINDERGARTEN PUPILS"
A. 3006--B 28
SHALL EQUAL (I) THE MAXIMUM AIDABLE FULL-DAY PREKINDERGARTEN PUPILS SUCH
DISTRICT WAS ELIGIBLE TO SERVE FOR THE PRIORITY FULL-DAY PREKINDERGARTEN
AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM FOR THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO CHAPTER FIFTY-
THREE OF THE LAWS OF TWO THOUSAND FOURTEEN PLUS (II) THE NUMBER OF HALF-
DAY PREKINDERGARTEN PUPILS CONVERTED INTO A FULL-DAY PREKINDERGARTEN
PUPIL UNDER THE PRIORITY FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY
PREKINDERGARTEN GRANT PROGRAM FOR HIGH NEED STUDENTS PURSUANT TO CHAPTER
FIFTY-THREE OF THE LAWS OF TWO THOUSAND FOURTEEN;
(iii) "HALF-DAY PREKINDERGARTEN PUPILS SHALL EQUAL (A) (I) THE MAXIMUM
AIDABLE UNIVERSAL PREKINDERGARTEN PUPILS EACH DISTRICT WAS ELIGIBLE TO
SERVE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
PURSUANT TO THIS SECTION PLUS (II) THE MAXIMUM AIDABLE HALF-DAY PREKIN-
DERGARTEN PUPILS SUCH DISTRICT WAS ELIGIBLE TO SERVE FOR THE PRIORITY
FULL-DAY PREKINDERGARTEN AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT
PROGRAM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR
PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF TWO THOUSAND FOURTEEN
MINUS (B) THE NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS CONVERTED INTO A
FULL-DAY PREKINDERGARTEN PUPIL UNDER THE PRIORITY FULL-DAY PREKINDERGAR-
TEN AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM FOR HIGH NEED
STUDENTS PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF TWO THOUSAND
FOURTEEN;
(IV) "Unserved prekindergarten pupils" shall mean the product of
eighty-five percent multiplied by the positive difference, if any,
between the sum of the public school enrollment and the nonpublic school
enrollment of children attending full day and half day kindergarten
programs in the district in the year prior to the base year less the
number of resident children who attain the age of four before December
first of the base year, who were served during such school year by a
prekindergarten program approved pursuant to section forty-four hundred
ten of this chapter, where such services are provided for more than four
hours per day;
[(iv) "Additional aidable prekindergarten pupils". For the two thou-
sand seven--two thousand eight through two thousand eight--two thousand
nine school years, "additional aidable prekindergarten pupils" shall
equal the product of (A) the positive difference, if any, of the
unserved prekindergarten pupils less the base aidable prekindergarten
pupils multiplied by (B) the prekindergarten phase-in factor;
(v) the "prekindergarten aid base" shall mean the sum of the amounts
the school district received for the two thousand six--two thousand
seven school year for grants awarded pursuant to this section and for
targeted prekindergarten grants;
(vi) The "prekindergarten phase-in factor". For the two thousand
eight--two thousand nine school year, the prekindergarten phase-in
factor shall equal the positive difference, if any, of the pupil need
index computed pursuant to subparagraph three of paragraph a of subdivi-
sion four of section thirty-six hundred two of this part less one,
provided, however, that: (A) for any district where (1) the maximum
allocation computed pursuant to subdivision nine of this section for the
base year is greater than zero and (2) the amount allocated pursuant to
this subdivision for the base year, based on data on file for the school
aid computer listing produced by the commissioner on February fifteenth
of the base year, pursuant to paragraph b of subdivision twenty-one of
section three hundred five of this chapter, is greater than the positive
difference, if any, of such maximum allocation for the base year less
twenty-seven hundred, the prekindergarten phase-in factor shall not
A. 3006--B 29
exceed eighteen percent, and shall not be less than ten percent, and (B)
for any district not subject to the provisions of clause (A) of this
subparagraph where (1) the amount allocated pursuant to this subdivision
for the base year is equal to zero or (2) the amount allocated pursuant
to this section for the base year, based on data on file for the school
aid computer listing produced by the commissioner on February fifteenth
of the base year, pursuant to paragraph b of subdivision twenty-one of
section three hundred five of this chapter, is less than or equal to the
amount allocated pursuant to this section for the year prior to the base
year, based on data on file for the school aid computer listing produced
by the commissioner on February fifteenth of the base year, pursuant to
paragraph b of subdivision twenty-one of section three hundred five of
this chapter, the prekindergarten phase-in factor shall equal zero, and
(C) for any district not subject to the provisions of clause (A) or (B)
of this subparagraph, the prekindergarten phase-in factor shall not
exceed thirteen percent, and shall not be less than seven percent;
(vii) "Base year" shall mean the base year as defined pursuant to
subdivision one of section thirty-six hundred two of this part.]
(V) "PREKINDERGARTEN MAINTENANCE OF EFFORT BASE" SHALL MEAN THE NUMBER
OF ELIGIBLE TOTAL FULL-DAY PREKINDERGARTEN PUPILS SET FORTH FOR THE
DISTRICT IN THIS PARAGRAPH PLUS THE PRODUCT OF ONE HALF (0.5) MULTIPLIED
BY THE NUMBER OF ELIGIBLE TOTAL HALF-DAY PREKINDERGARTEN PUPILS SET
FORTH FOR THE DISTRICT IN THIS PARAGRAPH;
(VI) "CURRENT YEAR PREKINDERGARTEN PUPILS SERVED" SHALL MEAN THE SUM
OF FULL DAY PREKINDERGARTEN PUPILS SERVED IN THE CURRENT YEAR PLUS THE
PRODUCT OF ONE HALF (0.5) MULTIPLIED BY THE HALF DAY PREKINDERGARTEN
PUPILS IN THE CURRENT YEAR;
(VII) "MAINTENANCE OF EFFORT FACTOR" SHALL MEAN THE QUOTIENT ARRIVED
AT WHEN DIVIDING THE CURRENT YEAR PREKINDERGARTEN PUPILS SERVED BY THE
PREKINDERGARTEN MAINTENANCE OF EFFORT BASE.
c. Notwithstanding any other provision of this section, the total
grant payable pursuant to this section shall equal the lesser of: (i)
the total grant amounts computed pursuant to this subdivision for the
current year, based on data on file with the commissioner as of Septem-
ber first of the school year immediately following or (ii) the total
actual grant expenditures incurred by the school district as approved by
the commissioner.
§ 27. Subdivision 11 of section 3602-e of the education law, as
amended by section 10-b of part A of chapter 57 of the laws of 2012, is
amended to read as follows:
11. [Notwithstanding the provisions of subdivision ten of this
section, where the district serves fewer children during the current
year than the lesser of the children served in the two thousand ten--two
thousand eleven school year or its base aidable prekindergarten pupils
computed for the two thousand seven--two thousand eight school year, the
school district shall have its apportionment reduced in an amount
proportional to such deficiency in the current year or in the succeeding
school year, as determined by the commissioner, except such reduction
shall not apply to school districts which have fully implemented a
universal pre-kindergarten program by making such program available to
all eligible children. Expenses incurred by the school district in
implementing a pre-kindergarten program plan pursuant to this subdivi-
sion shall be deemed ordinary contingent expenses.] MAINTENANCE OF
EFFORT REDUCTION. WHERE A SCHOOL DISTRICT'S CURRENT YEAR PREKINDERGARTEN
PUPILS SERVED IS LESS THAN ITS PREKINDERGARTEN MAINTENANCE OF EFFORT
BASE, THE SCHOOL DISTRICT SHALL HAVE ITS CURRENT YEAR APPORTIONMENT
A. 3006--B 30
REDUCED BY THE PRODUCT OF THE MAINTENANCE OF EFFORT FACTOR COMPUTED IN
PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION MULTIPLIED BY THE GRANT
AMOUNT IT WAS ELIGIBLE TO RECEIVE PURSUANT TO SUBDIVISION TEN OF THIS
SECTION.
§ 28. Paragraph b of subdivision 12 of section 3602-e of the education
law, as amended by section 19 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
b. [minimum] curriculum standards [that] CONSISTENT WITH THE NEW YORK
STATE PREKINDERGARTEN EARLY LEARNING STANDARDS TO ensure that such
programs have strong instructional content that is integrated with the
school district's instructional program in grades kindergarten [though]
THROUGH twelve;
§ 29. Subdivision 14 of section 3602-e of the education law, as
amended by section 19 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
14. On February fifteenth, two thousand, and annually thereafter, the
commissioner and the board of regents shall include in its annual report
to the legislature AND THE GOVERNOR, information on school districts
receiving grants under this section; the amount of each grant; a
description of the program that each grant supports and an assessment by
the commissioner of the extent to which the program meets measurable
outcomes required by the grant program or regulations of such commis-
sioner; and any other relevant information, WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO THE FOLLOWING: (A) (I) THE TOTAL NUMBER OF STUDENTS SERVED
IN STATE-FUNDED DISTRICT-OPERATED PREKINDERGARTEN PROGRAMS, (II) THE
TOTAL NUMBER OF STUDENTS SERVED IN STATE-FUNDED COMMUNITY-BASED PREKIN-
DERGARTEN PROGRAMS, (III) THE TOTAL NUMBER OF STUDENTS SERVED IN STATE-
FUNDED HALF-DAY PREKINDERGARTEN PROGRAMS, AND (IV) THE TOTAL NUMBER OF
STUDENTS SERVED IN STATE-FUNDED FULL-DAY PREKINDERGARTEN PROGRAMS; (B)
(I) THE TOTAL NUMBER OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY
FUNDED DISTRICT-OPERATED PREKINDERGARTEN PROGRAMS, (II) THE TOTAL NUMBER
OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY FUNDED COMMUNITY-BASED
PREKINDERGARTEN PROGRAMS, (III) THE TOTAL NUMBER OF STUDENTS SERVED IN
STATE, FEDERAL AND LOCALLY FUNDED HALF-DAY PREKINDERGARTEN PROGRAMS, AND
(IV) THE TOTAL NUMBER OF STUDENTS SERVED IN STATE, FEDERAL AND LOCALLY
FUNDED FULL-DAY PREKINDERGARTEN PROGRAMS; AND (C) THE TOTAL SPENDING ON
PREKINDERGARTEN PROGRAMS FROM STATE, FEDERAL, AND LOCAL SOURCES. Such
report shall also contain any recommendations to improve or otherwise
change the program.
§ 29-a. Section 3602-e of the education law is amended by adding a new
subdivision 14-a to read as follows:
14-A. THE COMMISSIONER SHALL REQUEST FROM EACH SCHOOL DISTRICT IN THE
STATE, SUCH DISTRICT'S UNMET NEED FOR PUBLIC PREKINDERGARTEN PROGRAMS AS
DEFINED IN THIS SECTION AND REPORT ON SUCH NEED AND THE FUNDING THAT
WOULD BE REQUIRED TO MEET SUCH A NEED TO THE LEGISLATURE BY DECEMBER
FIRST, TWO THOUSAND SEVENTEEN.
§ 30. Section 3602-e of the education law is amended by adding a new
subdivision 17 to read as follows:
17. A SCHOOL DISTRICT RECEIVING FUNDING PURSUANT TO THIS SECTION SHALL
AGREE TO ADOPT APPROVED QUALITY INDICATORS WITHIN TWO YEARS, INCLUDING,
BUT NOT LIMITED TO, VALID AND RELIABLE MEASURES OF ENVIRONMENTAL QUALI-
TY, THE QUALITY OF TEACHER-STUDENT INTERACTIONS AND CHILD OUTCOMES, AND
ENSURE THAT ANY SUCH ASSESSMENT OF CHILD OUTCOMES SHALL NOT BE USED TO
MAKE HIGH-STAKES EDUCATIONAL DECISIONS FOR INDIVIDUAL CHILDREN.
§ 30-a. Subdivision 21 of section 305 of the education law is amended
by adding a new paragraph d to read as follows:
A. 3006--B 31
D. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
FOR THE PURPOSES OF DETERMINING THE BASE YEAR LEVEL OF GENERAL SUPPORT
FOR PUBLIC SCHOOLS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION FOR THE
TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR, THE COMMIS-
SIONER IS DIRECTED TO INCLUDE THE GRANT AMOUNTS ALLOCATED PURSUANT TO
SUBDIVISION TEN OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS CHAPTER
WHERE SUCH GRANTS HAD PREVIOUSLY BEEN ALLOCATED TO DISTRICTS BY MEANS
OTHER THAN GENERAL SUPPORT FOR PUBLIC SCHOOLS, PROVIDED THAT, NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, SUCH BASE YEAR GRANT
AMOUNTS SHALL NOT BE INCLUDED IN: (1) THE ALLOWABLE GROWTH AMOUNT
COMPUTED PURSUANT TO PARAGRAPH DD OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS CHAPTER, (2) THE PRELIMINARY GROWTH AMOUNT
COMPUTED PURSUANT TO PARAGRAPH FF OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS CHAPTER, AND (3) THE ALLOCABLE GROWTH AMOUNT
COMPUTED PURSUANT TO PARAGRAPH GG OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS CHAPTER, AND SHALL NOT BE CONSIDERED, AND SHALL
NOT BE AVAILABLE FOR INTERCHANGE WITH, GENERAL SUPPORT FOR PUBLIC
SCHOOLS.
§ 31. Subdivision 16 of section 3602-ee of the education law is
REPEALED.
§ 32. Intentionally omitted.
§ 33. The opening paragraph of section 3609-a of the education law, as
amended by section 10 of part A of chapter 54 of the laws of 2016, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [sixteen] SEVENTEEN--two thousand [seven-
teen] EIGHTEEN 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 commis-
sioner in support of the budget which includes the appropriation for the
general support for public schools for the prescribed payments and indi-
vidualized 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 contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-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 subdivi-
sion twelve of section thirty-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
A. 3006--B 32
of this part shall apply to this section. For aid payable in the two
thousand [sixteen] SEVENTEEN--two thousand [seventeen] EIGHTEEN school
year, reference to such "school aid computer listing for the current
year" shall mean the printouts entitled ["SA161-7"]"SA171-8".
§ 34. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 26 of part A of chapter 54 of the laws of
2016, 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 sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN.
§ 35. Subdivision 6 of section 4402 of the education law, as amended
by section 27 of part A of chapter 54 of the laws of 2016, 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 [seventeen] EIGHTEEN of the
[two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--
TWO THOUSAND EIGHTEEN school year, be authorized to increase class sizes
in special classes containing students with disabilities whose age rang-
es 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 popu-
lation 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
A. 3006--B 33
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 approval by the commissioner by a date during the school
year in which such board increases class sizes as provided pursuant to
this subdivision 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 pursu-
ant to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that the board has failed to
develop or implement an approved corrective action plan.
§ 36. Intentionally omitted.
§ 37. Subparagraph (i) of paragraph a of subdivision 10 of section
4410 of the education law is amended by adding a new clause (D) to read
as follows:
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, COMMENCING WITH THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR, APPROVED PRESCHOOL INTEGRATED SPECIAL CLASS PROGRAMS
SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON AN ALTERNATIVE METHODOL-
OGY FOR REIMBURSEMENT TO BE ESTABLISHED BY THE COMMISSIONER. IN DEVEL-
OPING SUCH METHODOLOGY THE COMMISSIONER SHALL SEEK INPUT FROM STAKEHOLD-
ERS THAT WOULD BE IMPACTED BY SUCH ALTERNATIVE METHODOLOGY. THE
ALTERNATIVE METHODOLOGY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
BUDGET, SHALL BE PROPOSED BY THE DEPARTMENT NO LATER THAN OCTOBER FIRST,
TWO THOUSAND EIGHTEEN.
§ 38. Subdivision 1 of section 4452 of the education law, as added by
chapter 740 of the laws of 1982, paragraph e as amended by chapter 536
of the laws of 1997, is amended to read as follows:
1. In order to provide for educational programs to meet special needs
of gifted pupils, the commissioner is hereby authorized to make recom-
mendations to school districts in accordance with the provisions of this
subdivision and section thirty-six hundred two of this chapter.
a. As used in this article, the term "gifted pupils" shall mean those
pupils who show evidence of high performance capability and exceptional
potential in areas such as general intellectual ability, special academ-
ic aptitude and outstanding ability in visual and performing arts. Such
definition shall include those pupils who require educational programs
or services beyond those normally provided by the regular school program
in order to realize their full potential.
b. Prior to payment of state funds for education of gifted pupils, a
school district shall submit to the commissioner a summary plan for the
identification and education of gifted pupils. The plan shall be in
form and content as prescribed by the commissioner.
c. Upon acceptance by a local school district of the apportionments
made under section thirty-six hundred two of this chapter such district
shall use such funding in accordance with guidelines to be established
by the commissioner for services to gifted pupils. Such services shall
include but not be limited to identification, instructional programs,
planning, inservice education and program evaluation. A board of educa-
tion may contract with another district or board of cooperative educa-
tional services to provide the program and/or services with the approval
of the commissioner under guidelines established by the commissioner.
d. [The identification of pupils for participation in gifted programs
funded under this chapter shall commence through the referral of a
parent, teacher, or administrator.
A. 3006--B 34
e. Upon referral of a pupil for participation in a gifted program
funded under this chapter] FOR ANY SCHOOL DISTRICT OFFERING A GIFTED
PROGRAM THROUGH THIS CHAPTER, the school district shall so inform the
parent or guardian of such [pupil's referral] PROGRAM and shall seek
their approval to administer diagnostic tests or other evaluation mech-
anisms related to the program objectives of the district in order to
determine eligibility for participation in such gifted program. Failing
to receive approval, the child shall not be tested, evaluated or partic-
ipate in the program. In no case shall the parent, guardian or pupil be
charged a fee for the administration of such diagnostic tests or other
evaluation mechanisms. PROVIDED THAT, ANY SCHOOL DISTRICT OFFERING A
PROGRAM UNDER THIS SECTION SHALL PROVIDE THE OPPORTUNITY TO ADMINISTER
SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS FOR ALL STUDENTS IN
A GRADE.
[f.] E. The parent or guardian of a pupil designated as gifted shall
be informed by the local school authorities of the pupil's placement in
such gifted program funded under this chapter.
§ 39. Intentionally omitted.
§ 40. 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 18 of part A of chapter 56 of the laws of 2015, is
amended to read as follows:
§ 7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2017] 2019.
§ 41. Subdivision 6-a of section 140 of chapter 82 of the laws of
1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by section 17-a of part A of chapter
57 of the laws of 2012, is amended to read as follows:
(6-a) Section seventy-three of this act shall take effect July 1, 1995
and shall be deemed repealed June 30, [2017] 2022;
§ 42. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion law and other laws relating to reorganization of the New York city
school construction authority, board of education and community boards,
as amended by section 1 of part O of chapter 73 of the laws of 2016, is
amended to read as follows:
§ 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2017] 2024 provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2017] 2024 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by section three of this act,
subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
A. 3006--B 35
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
§ 43. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community super-
intendents, as amended by section 2 of part O of chapter 73 of the laws
of 2016, is amended to read as follows:
12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2017] 2024.
§ 44. 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
28 of part A of chapter 54 of the laws of 2016, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section 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, reimbursement for the 2014--2015 school
year shall not exceed 61.6 percent of the lesser of such approvable
costs per contact hour or thirteen dollars per contact hour, reimburse-
ment for] the 2015--2016 school year shall not exceed 60.7 percent of
the lesser of such approvable costs per contact hour or thirteen dollars
and forty cents per contact hour, [and] reimbursement for the 2016--2017
school year shall not exceed 60.3 percent of the lesser of such approva-
ble costs per contact hour or thirteen dollars ninety cents per contact
hour, AND REIMBURSEMENT FOR THE 2017--2018 SCHOOL YEAR SHALL NOT EXCEED
60.4 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
THIRTEEN DOLLARS AND NINETY CENTS PER CONTACT HOUR, 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 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 twen-
ty-five thousand (1,625,000) hours; whereas] for the 2015--2016 school
year such contact hours shall not exceed one million five hundred nine-
ty-nine thousand fifteen (1,599,015) hours; whereas for the 2016--2017
school year such contact hours shall not exceed one million five hundred
fifty-one thousand three hundred twelve (1,551,312); AND FOR THE
2017--2018 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FIVE HUNDRED FORTY-NINE THOUSAND FOUR HUNDRED SIXTY-THREE (1,549,463).
Notwithstanding any other provision of law to the contrary, the appor-
A. 3006--B 36
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.
§ 45. 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 v to read as follows:
V. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2017--2018 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 THIRTEEN MILLION DOLLARS ($13,000,000).
§ 46. 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 30 of part A of
chapter 54 of the laws of 2016, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2017] 2018.
§ 47. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by section 33 of part A of chapter 54
of the laws of 2016, 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,
[2017] 2018 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, [2017] 2018;
§ 48. Paragraphs (a-1) and (b) of section 5 of chapter 89 of the laws
of 2016 relating to supplementary funding for dedicated programs for
public school students in the East Ramapo central school district, are
amended to read as follows:
(a-1) The East Ramapo central school district shall be eligible to
receive reimbursement [from such funds made available] pursuant to
[paragraph (a) of] this [section] ACT, SUBJECT TO AVAILABLE APPROPRI-
ATION, for its approved expenditures IN THE TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER on services to improve and
enhance the educational opportunities of students attending the public
schools in such district. Such services shall include, but not be limit-
ed to, reducing class sizes, expanding academic and enrichment opportu-
nities, establishing and expanding kindergarten programs, expanding
extracurricular opportunities and providing student support services,
provided, however, transportation services and expenses shall not be
eligible for reimbursement from such funds.
A. 3006--B 37
(b) In order to receive such funds, the school district in consulta-
tion with the monitor or monitors shall develop a long term strategic
academic and fiscal improvement plan within 6 months from the enactment
of this act AND SHALL ANNUALLY REVISE SUCH PLAN BY OCTOBER FIRST OF EACH
YEAR THEREAFTER. Such plan, INCLUDING SUCH ANNUAL REVISIONS THERETO,
shall be submitted to the commissioner for approval and shall include a
set of goals with appropriate benchmarks and measurable objectives and
identify strategies to address areas where improvements are needed in
the district, including but not limited to its financial stability,
academic opportunities and outcomes, education of students with disabil-
ities, education of English language learners, and shall ensure compli-
ance with all applicable state and federal laws and regulations. This
improvement plan shall also include a comprehensive expenditure plan
that will describe how the funds made available to the district pursuant
to this section will be spent IN THE APPLICABLE SCHOOL YEAR. The
comprehensive expenditure plan shall ensure that funds supplement, not
supplant, expenditures from local, state and federal funds for services
provided to public school students, EXCEPT THAT SUCH FUNDS MAY BE USED
TO CONTINUE SERVICES FUNDED PURSUANT TO THIS ACT IN PRIOR YEARS. Such
expenditure plan shall be developed AND ANNUALLY REVISED in consultation
with the monitor or monitors appointed by the commissioner. The board of
education of the East Ramapo central school district must ANNUALLY
conduct a public hearing on the expenditure plan and shall consider the
input of the community before adopting such plan. Such expenditure plan
shall also be made publicly available and shall be ANNUALLY submitted
along with comments made by the community to the commissioner for
approval once the plan is finalized. Upon review of the improvement
plan and the expenditure plan, required to be submitted pursuant to this
subdivision or section seven of this act, the commissioner shall approve
or deny such plan in writing and, if denied, shall include the reasons
therefor. The district in consultation with the monitors may resubmit
such plan or plans with any needed modifications thereto.
§ 49. Section 8 of chapter 89 of the laws of 2016 relating to supple-
mentary funding for dedicated programs for public school students in the
East Ramapo central school district, is amended to read as follows:
§ 8. This act shall take effect July 1, 2016 and shall expire and be
deemed repealed June 30, [2017] 2018.
§ 50. 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 34 of part A of
chapter 54 of the laws of 2016, is amended to read as follows:
§ 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2017] 2018 when
upon such date the provisions of this act shall be deemed repealed.
§ 51. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2017--2018 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.
§ 52. 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
A. 3006--B 38
week of June 2018 and not later than the last day of the third full
business week of June 2018, 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, 2018, for salary expenses incurred between April 1 and
June 30, 2017 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 paya-
ble 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.
A. 3006--B 39
§ 53. 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, 2018, 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, 2018 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.
§ 54. 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
fund/aid to localities, local assistance account-001, shall be for
A. 3006--B 40
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.
§ 55. 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 2017--2018 school year, as a non-component school
district, services required by article 19 of the education law.
§ 56. The amounts specified in this section shall be 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 2017--2018
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
to this section may use such grant funds for: (i) any instructional or
A. 3006--B 41
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 2017--2018 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 2017--2018
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 2017--2018 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.
§ 57. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2017 enacting
the aid to localities budget shall be apportioned for the 2017-2018
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
A. 3006--B 42
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 2017-2018 by a chapter of the
laws of 2017 enacting the education, labor and family assistance budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education 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.
§ 58. Paragraph a-1 of subdivision 11 of section 3602 of the education
law, as amended by chapter 45 of part A of chapter 54 of the laws of
2016, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand [sixteen] SEVENTEEN--two thou-
sand [seventeen] EIGHTEEN, the commissioner may set aside an amount not
to exceed two million five hundred thousand dollars from the funds
appropriated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been enrolled in
any school for the preceding school year, including persons who have
received a high school diploma or high school equivalency diploma but
fail to demonstrate basic educational competencies as defined in regu-
lation by the commissioner, when measured by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
§ 59. Subdivision a of section 5 of chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, as amended by section
44 of part A of chapter 54 of the laws of 2016, is amended to read as
follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2016-17] 2017-18 school year, four million dollars
($4,000,000); for the [2017-18] 2018-19 school year, three million
dollars ($3,000,000); for the [2018-19] 2019-20 school year, two million
dollars ($2,000,000); for the [2019-20] 2020-21 school year, one million
dollars ($1,000,000); and for the [2020-21] 2021-22 school year, zero
dollars. Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
§ 60. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of 2004, relating to the support of education, as amended by section
22-a of Part A of chapter 56 of the laws of 2014, is amended to read as
follows:
11. section seventy-one of this act shall expire and be deemed
repealed June 30, [2017] 2020;
§ 61. Paragraph b of subdivision 21 of section 305 of the education
law, as added by chapter 474 of the laws of 1996, is amended to read as
follows:
A. 3006--B 43
b. The commissioner shall periodically prepare an updated electronic
data file containing actual and estimated data relating to apportion-
ments due and owing during the current school year and projections of
such apportionments for the following school year to school districts
and boards of cooperative educational services from the general support
for public schools, growth and boards of cooperative educational
services appropriations on the following dates: November fifteenth, or
such alternative date as may be requested by the director of the budget
for the purpose of preparation of the executive budget; February
fifteenth, or such alternative date as may be jointly requested by the
chair of the senate finance committee and the chair of the assembly ways
and means committee; and May fifteenth. FOR THE PURPOSES OF USING ESTI-
MATED DATA FOR PROJECTIONS OF APPORTIONMENTS FOR THE FOLLOWING SCHOOL
YEAR, WHEN NO SPECIFIC APPORTIONMENT HAS YET BEEN MADE FOR SUCH SCHOOL
YEAR, BUT SUCH APPORTIONMENT HAS A HISTORY OF ANNUAL REAUTHORIZATION,
THE COMMISSIONER SHALL ESTIMATE THE APPORTIONMENT AT THE SAME LEVEL AS
THE PRECEDING SCHOOL YEAR.
§ 62. Subdivision 4 of section 51 of part B of chapter 57 of the laws
of 2008 amending the education law relating to the universal pre-kinder-
garten program, as amended by section 23 of part A of chapter 57 of the
laws of 2012, is amended to read as follows:
4. section [23] TWENTY-THREE of this act shall take effect July 1,
2008 and shall expire and be deemed repealed June 30, [2017] 2022;
§ 63. Section 2 of chapter 658 of the laws of 2002, amending the
education law relating to citizenship requirements for permanent certif-
ication as a teacher, as amended by chapter 289 of the laws of 2012, is
amended to read as follows:
§ 2. This act shall take effect immediately, and shall expire and be
deemed repealed November 30, [2017] 2022.
§ 64. Paragraph a of subdivision 4 of section 4405 of the education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
a. The commissioner of education and the commissioner of social
services shall develop reimbursement methodologies for the tuition and
maintenance components of approved private schools and special act
school districts. The commissioner [of education], in consultation with
the appropriate state agencies and departments, shall have responsibil-
ity for developing [a] reimbursement [methodology] METHODOLOGIES for
tuition which shall be based upon appropriate educational standards
promulgated pursuant to regulations of the commissioner [of education].
The commissioner of social services, in consultation with appropriate
state agencies and departments, shall have responsibility for developing
[a] reimbursement [methodology] METHODOLOGIES for maintenance, pursuant
to section three hundred ninety-eight-a of the social services law and
the regulations promulgated thereunder.
§ 65. Notwithstanding any law to the contrary, the state education
department shall be exempt from the requirements and the waiver
provisions included in budget bulletin B-1182, which took effect August
21, 2008. Provided that such department may use such authority to hire
additional staff, including but not limited to staff to provide prekin-
dergarten technical assistance statewide.
§ 66. Notwithstanding any provision of law to the contrary, the direc-
tor of the division of the budget shall immediately make available all
persistently failing school transformation grant funds that were awarded
by the state education department, pursuant to chapter 61 of the laws of
2015, which amended section 1 of chapter 53 of the laws of 2015, and
A. 3006--B 44
which was further amended by chapter 53 of the laws of 2016, to those
schools identified as persistently struggling schools pursuant to
section 211-f of the education law as of July 16, 2015 and whose regis-
tration remains in effect as of April 1, 2017.
§ 67. Tuition rates approved for the 2017--2018 school year for
special services or programs provided to school-age students by special
act school districts; approved private residential or non-residential
schools for the education of students with disabilities that are located
within the state; and providers of education to preschool children with
disabilities pursuant to section 4410 of the education law shall provide
for an increase of at least four percent in reimbursable costs.
§ 68. Subdivision 8 of section 3602-ee of the education law, as added
by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
read as follows:
8. All teachers in the universal full-day pre-kindergarten program
shall meet the same teacher certification standards applicable to public
schools. Pre-kindergarten teachers providing instruction through this
section shall possess:
(a) a teaching license or certificate valid for service in the early
childhood grades; or
(b) a teaching license or certificate for students with disabilities
valid for service in early childhood grades; or
(c) for eligible agencies as defined in paragraph b of subdivision one
of section thirty-six hundred two-e of this part that are not schools, a
bachelor's degree in early childhood education or a related field and a
written plan to obtain a certification valid for service in the early
childhood grades as follows:
(i) for teachers hired on or after the effective date of this section
as the teacher for a universal full-day pre-kindergarten classroom,
within [three] FIVE years after commencing employment, at which time
such certification shall be required for employment; and
(ii) for teachers hired by such provider prior to the effective date
of this section for other early childhood care and education programs,
no later than June thirtieth, two thousand [seventeen] NINETEEN, at
which time such certification shall be required for employment.
§ 69. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by chapter 273 of the laws of 1999, is amended to read
as follows:
a. (1) All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if, in his OR HER opinion, the
best interests of the district will be promoted thereby. Except as
provided in paragraph e of this subdivision, all such contracts involv-
ing an annual expenditure in excess of the amount specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or all bids
if, in his OR HER opinion, the best interests of the district will be
promoted thereby and, upon such rejection of all bids, the commissioner
shall order the board of education or trustee of the district to seek,
obtain and consider new proposals. All proposals for such transporta-
A. 3006--B 45
tion, maintenance, mobile instructional units, or cafeteria and restau-
rant service shall be in such form as the commissioner may prescribe.
Advertisement for bids shall be published in a newspaper or newspapers
designated by the board of education or trustee of the district having
general circulation within the district for such purpose. Such adver-
tisement shall contain a statement of the time when and place where all
bids received pursuant to such advertisement will be publicly opened and
read either by the school authorities or by a person or persons desig-
nated by them. All bids received shall be publicly opened and read at
the time and place so specified. At least five days shall elapse between
the first publication of such advertisement and the date so specified
for the opening and reading of bids. The requirement for competitive
bidding shall not apply to an award of a contract for the transportation
of pupils or a contract for mobile instructional units, if such award is
based on an evaluation of proposals in response to a request for
proposals pursuant to paragraph e of this subdivision. The requirement
for competitive bidding shall not apply to annual, biennial, or trienni-
al extensions of a contract nor shall the requirement for competitive
bidding apply to quadrennial or quinquennial year extensions of a
contract involving transportation of pupils, maintenance of school buses
or mobile instructional units secured either through competitive bidding
or through evaluation of proposals in response to a request for
proposals pursuant to paragraph e of this subdivision, when such exten-
sions [(1)] (I) are made by the board of education or the trustee of a
district, under rules and regulations prescribed by the commissioner,
and, [(2)] (II) do not extend the original contract period beyond five
years from the date cafeteria and restaurant service commenced there-
under and in the case of contracts for the transportation of pupils, for
the maintenance of school buses or for mobile instructional units, that
such contracts may be extended, except that power is hereby vested in
the commissioner, in addition to his OR HER existing statutory authority
to approve or disapprove transportation or maintenance contracts, [(i)]
(A) to reject any extension of a contract beyond the initial term there-
of if he OR SHE finds that amount to be paid by the district to the
contractor in any year of such proposed extension fails to reflect any
decrease in the regional consumer price index for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U) during the preceding twelve month period, OR IN A CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE FOR
ALL CONTRACTS FOR SCHOOL BUSES USED FOR THE TRANSPORTATION OF SCHOOL
CHILDREN, MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS,
IF THE AMOUNT TO BE PAID BY THE DISTRICT TO THE CONTRACTOR IN ANY YEAR
OF SUCH PROPOSED EXTENSION FAILS TO REFLECT ANY PERCENTAGE DECREASE IN
THE EMPLOYMENT COST INDEX (ECI) FOR TOTAL COMPENSATION FOR PRIVATE
INDUSTRY WORKERS IN THE NORTHEAST REGION (NOT SEASONALLY ADJUSTED) FOR
THE FOURTH QUARTER OF THE PRECEDING YEAR; [and (ii)] (B) to reject any
extension of a contract after ten years from the date transportation or
maintenance service commenced thereunder, or mobile instructional units
were first provided, if in his OR HER opinion, the best interests of the
district will be promoted thereby. Upon such rejection of any proposed
extension, the commissioner may order the board of education or trustee
of the district to seek, obtain and consider bids pursuant to the
provisions of this section; AND (C) TO REJECT ANY EXTENSION OF A
CONTRACT FOR TRANSPORTATION, OR NEW CONTRACT, IF HE OR SHE FINDS THAT
THE AMOUNT TO BE PAID BY THE DISTRICT TO THE CONTRACTOR IN ANY YEAR OF
SUCH PROPOSED CONTRACT FAILS TO REFLECT THE SAVINGS REALIZED FROM THE
A. 3006--B 46
SALES TAX EXEMPTION ON SCHOOL BUSES, PARTS, EQUIPMENT, LUBRICANTS AND
FUEL USED FOR SCHOOL PURPOSES PURSUANT TO PARAGRAPH FORTY-FOUR OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW. The board
of education or the trustee of a school district electing to extend a
contract as provided herein, may, in its discretion, increase the amount
to be paid in each year of the contract extension by an amount not to
exceed the regional consumer price index increase for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U), during the preceding twelve month period, OR IN A CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE FOR
ALL CONTRACTS FOR SCHOOL BUSES USED FOR THE TRANSPORTATION OF SCHOOL
CHILDREN, MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS,
BY AN AMOUNT NOT TO EXCEED THE PERCENTAGE INCREASE IN THE EMPLOYMENT
COST INDEX (ECI) TOTAL COMPENSATION FOR PRIVATE INDUSTRY WORKERS IN THE
NORTHEAST REGION (NOT SEASONALLY ADJUSTED) FOR THE FOURTH QUARTER OF THE
PRECEDING YEAR, provided it has been satisfactorily established by the
contractor that there has been at least an equivalent increase in the
amount of his OR HER cost of operation, during the period of the
contract.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD
OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE
MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, WHETHER AWARDED
THROUGH COMPETITIVE BIDDING OR THROUGH EVALUATION OF PROPOSALS IN
RESPONSE TO A REQUEST FOR PROPOSALS PURSUANT TO PARAGRAPH E OF THIS
SUBDIVISION, PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF
SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE
HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
IN CONNECTION WITH SUCH CONTRACTS. FOR PURPOSES OF THIS SUBPARAGRAPH,
"SCHOOL BUS WORKER" SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR
ATTENDANT WHO: (I) WAS EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN
OR AT ANY TIME THEREAFTER BY (A) A CONTRACTOR THAT WAS A PARTY TO A
CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A
CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH
SUCH CONTRACT, OR (B) A SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY
TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED
IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION
OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION
WITH SUCH CONTRACT, AND (II) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS
A RESULT OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH
CONTRACTOR OR SUCH SUBCONTRACTOR, OR AS A RESULT OF A REDUCTION IN
SERVICE DIRECTED BY SUCH BOARD OF EDUCATION DURING THE TERM OF SUCH
CONTRACT.
§ 70. Paragraph c of subdivision 14 of section 305 of the education
law, as amended by chapter 15 of the laws of 2005, is amended to read as
follows:
c. Each board of education, or the trustees, of a school district
which elected or elects to extend one or more pupil transportation
contracts may extend a contract in an amount which is in excess of the
maximum increase allowed by use of the CPI OR FOR A CITY SCHOOL DISTRICT
IN A CITY WITH A POPULATION OF ONE MILLION OR MORE ECI referenced in
paragraph a of this subdivision. Such excess amount shall not be greater
than the sum of the following: (i) the sum of the actual cost of quali-
fying criminal history and driver licensing testing fees attributable to
A. 3006--B 47
special requirements for drivers of school buses pursuant to articles
nineteen and nineteen-A of the vehicle and traffic law plus the actual
cost of any diagnostic tests and physical performance tests that are
deemed to be necessary by an examining physician or the chief school
officer to determine whether an applicant to drive a school bus under
the terms of the contract has the physical and mental ability to operate
a school transportation conveyance and to satisfactorily perform the
other responsibilities of a school bus driver pursuant to regulations of
the commissioner; (ii) in a school district located in a city with at
least one million inhabitants, the actual cost of clean air technology
filters and Global Positioning System (GPS) technology; (iii) in a
school district located in a city with at least one million inhabitants,
with respects only to any extension beginning in fiscal year two thou-
sand five--two thousand six, the sum of the actual cost of providing
school bus attendants including the actual cost of criminal history
record checks for school bus attendant applicants and training and
instruction for school bus attendants pursuant to section twelve hundred
twenty-nine-d of the vehicle and traffic law plus up to five percent of
such cost for necessary administrative services; and (iv) the actual
cost of equipment or vehicle modification, or training required, by any
state or local legislation or regulation promulgated or effective on or
after June first, two thousand five. Such costs shall be approved by the
commissioner upon documentation provided by the school district and
contractor as required by the commissioner.
§ 71. Subdivision (a) of section 1115 of the tax law is amended by
adding a new paragraph 44 to read as follows:
(44) SCHOOL BUSES AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED
FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, AND PARTS, EQUIPMENT, LUBRI-
CANTS AND FUEL PURCHASED AND USED IN THEIR OPERATION.
§ 72. The education law is amended by adding a new section 3602-eee to
read as follows:
§ 3602-EEE. ADDITIONAL EXPANDED PREKINDERGARTEN. 1. BEGINNING IN THE
TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR FIFTY MILLION
DOLLARS ($50,000,000) SHALL BE MADE AVAILABLE FOR ADDITIONAL GRANTS FOR
AN EXPANDED PREKINDERGARTEN PROGRAM FOR THREE- AND FOUR-YEAR OLD
STUDENTS; PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON A METHOD-
OLOGY DEVELOPED BY THE COMMISSIONER TO SCHOOL DISTRICTS TO ESTABLISH NEW
FULL-DAY AND HALF-DAY PREKINDERGARTEN PLACEMENTS FOR THREE-YEAR-OLDS AND
FOUR-YEAR-OLDS. SUCH GRANTS SHALL BE AWARDED BASED ON FACTORS INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING: (I) MEASURES OF SCHOOL DISTRICT NEED,
(II) MEASURES OF THE NEED OF STUDENTS TO BE SERVED BY EACH OF THE SCHOOL
DISTRICTS, (III) THE SCHOOL DISTRICT'S PROPOSAL TO TARGET THE HIGHEST-
NEED SCHOOLS AND STUDENTS, AND (IV) THE EXTENT TO WHICH THE DISTRICT'S
PROPOSAL WOULD PRIORITIZE FUNDS TO MAXIMIZE THE TOTAL NUMBER OF ELIGIBLE
CHILDREN IN THE DISTRICT SERVED IN PREKINDERGARTEN PROGRAMS.
2. GRANTS APPROPRIATED HEREIN SHALL ONLY BE AVAILABLE TO SUPPORT
PROGRAMS (I) THAT AGREE TO OFFER INSTRUCTION CONSISTENT WITH APPLICABLE
NEW YORK STATE PREKINDERGARTEN EARLY LEARNING STANDARDS; AND (II) THAT
OTHERWISE COMPLY WITH ALL OF THE SAME RULES AND REQUIREMENTS AS
UNIVERSAL PREKINDERGARTEN PROGRAMS PURSUANT TO SECTION THREE THOUSAND
SIX HUNDRED TWO-E OF THIS ARTICLE.
3. NOTWITHSTANDING PARAGRAPH C OF SUBDIVISION ONE OF SECTION THREE
THOUSAND SIX HUNDRED TWO-E OF THIS ARTICLE, FOR THE PURPOSES OF THIS
APPROPRIATION, AN ELIGIBLE CHILD SHALL BE A RESIDENT CHILD WHO IS THREE
YEARS OF AGE ON OR BEFORE DECEMBER FIRST OF THE YEAR IN WHICH HE OR SHE
IS ENROLLED. AS A CONDITION OF ELIGIBILITY FOR RECEIPT OF SUCH FUNDING
A. 3006--B 48
FOR THREE-YEAR-OLDS, A SCHOOL DISTRICT MUST CURRENTLY OFFER A PREKINDER-
GARTEN PROGRAM FOR FOUR-YEAR-OLD CHILDREN, OR CHILDREN WHO WOULD OTHER-
WISE BE ELIGIBLE UNDER PARAGRAPH C OF SUBDIVISION ONE OF SECTION THREE
THOUSAND SIX HUNDRED TWO-E OF THIS ARTICLE. A SCHOOL DISTRICT MAY ONLY
BE GRANTED AS MANY FULL-DAY OR HALF-DAY PLACEMENTS FOR THREE-YEAR-OLD
CHILDREN AS IT CURRENTLY OFFERS FOR FOUR-YEAR-OLD CHILDREN, OR CHILDREN
WHO WOULD OTHERWISE BE ELIGIBLE UNDER PARAGRAPH C OF SUBDIVISION ONE OF
SECTION THREE THOUSAND SIX HUNDRED TWO-E OF THIS ARTICLE.
4. A SCHOOL DISTRICT'S GRANT SHALL EQUAL THE PRODUCT OF (A) (I) TWO
MULTIPLIED BY THE APPROVED NUMBER OF NEW FULL-DAY PREKINDERGARTEN PLACE-
MENTS PLUS (II) THE APPROVED NUMBER OF NEW HALF-DAY PREKINDERGARTEN
PLACEMENTS, AND (B) THE DISTRICT'S SELECTED AID PER PREKINDERGARTEN
PUPIL PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH B OF SUBDIVISION TEN OF
SECTION THREE THOUSAND SIX HUNDRED TWO-E OF THIS ARTICLE; PROVIDED,
HOWEVER, THAT NO DISTRICT SHALL RECEIVE A GRANT IN EXCESS OF THE TOTAL
ACTUAL GRANT EXPENDITURES INCURRED BY THE DISTRICT IN THE CURRENT SCHOOL
YEAR AS APPROVED BY THE COMMISSIONER.
§ 73. No later than September 1, 2017, the chancellor of the New York
city department of education shall complete a study on the admission
processes of the specialized senior high schools established pursuant to
section 2590-h of the education law, including those which the city
board may have designated. Such study shall seek to identify barriers to
admission by underrepresented students and identify ways to make such
schools' student populations more similarly reflect the student popu-
lation of the district as a whole while maintaining a competitive and
rigorous admission process. A copy of such report shall be provided to
the governor, the temporary president of the senate, and the speaker of
the assembly.
§ 74. Notwithstanding any provision of the law to the contrary, for
the Newburgh city school district, having a penalty arising from the
late filing of a final cost report for project number 0001-011, the
commissioner of education shall recover such penalty in five equal annu-
al installments beginning in June of 2018. Provided further that such
district may elect to make an initial payment no later than thirty days
in advance of the first annual installment which shall reduce the amount
of each annual installment.
§ 75. Notwithstanding any provision of law to the contrary, for the
North Syracuse central school district, having a penalty arising from
the late filing of a final cost report for project numbers 5037-010,
0003-007, 0011-012, 7999-001, 0016-019 and 0009-014, the commissioner of
education shall recover such penalty in five equal annual installments
beginning in June of 2018. Provided further that such district may elect
to make an initial payment no later than thirty days in advance of the
first annual installment which shall reduce the amount of each annual
installment.
§ 76. No later than June 30, 2018, the commissioner of education shall
prepare and submit to the governor, the temporary president of the
senate and the speaker of the assembly a report on student discipline
and best practices for establishing a safe, respectful and supportive
learning environment. Such report shall study and make recommendations
on programs, practices and policies that may be implemented by schools
to establish a school climate that promotes positive student behaviors,
holds students accountable and keeps students in school and class. Such
report shall consider the use of restorative practices including but not
limited to conflict resolution, mediation, and peer counseling in
A. 3006--B 49
addressing student misconduct. Such commissioner shall consult with
stakeholders and other interested parties when preparing such report.
§ 77. 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.
§ 78. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2017, provided,
however, that:
1. sections one, nineteen, twenty-two, twenty-three, twenty-four,
twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thir-
ty, thirty-three, thirty-four, thirty-five, forty-four, forty-eight,
forty-nine, fifty-one, fifty-five, fifty-six, fifty-eight and fifty-nine
of this act shall take effect July 1, 2017;
2. the amendments to paragraph b-1 of subdivision 4 of section 3602 of
the education law made by section twenty-one of this act shall not
affect the expiration of such paragraph pursuant to section 13 of part A
of chapter 97 of the laws of 2011, as amended, and shall expire there-
with;
3. 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 forty-four and
forty-five of this act, shall not affect the repeal of such chapter and
shall be deemed repealed therewith;
4. the amendments to chapter 89 of the laws of 2016, relating to
supplementary funding for dedicated programs for public school students
in the East Ramapo central school district, made by section forty-eight
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith;
5. the amendments to subdivision 33 of section 305 of the education
law, made by section seven of this act, shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
6. the amendments to subdivision 7 of section 2802 of the education
law, made by section eight of this act, shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
7. the amendments to subdivision 7 of section 3214 of the education
law, made by section nine of this act, shall not affect the repeal of
such subdivision and shall be deemed repealed therewith; and
8. the amendments to paragraph c of subdivision 14 of section 305 of
the education law, made by section seventy of this act, shall take
effect on the first day of a quarterly sales tax period, as set forth in
subdivision (b) of section 1136 of the tax law, next succeeding April 1,
2017.
PART A-1
Section 1. Subdivision 1 of section 2851 of the education law, as
amended by chapter 101 of the laws of 2010, is amended to read as
follows:
A. 3006--B 50
1. An application to establish a charter school may be submitted by
teachers, parents, school administrators, community residents or any
combination thereof. Such application may be filed in conjunction with
a college, university, museum, educational institution, not-for-profit
corporation exempt from taxation under paragraph 3 of subsection (c) of
section 501 of the internal revenue code or for-profit business or
corporate entity authorized to do business in New York state. Provided
however, for-profit business or corporate entities shall not be eligible
to submit an application to establish a charter school pursuant to
subdivision nine-a of section twenty-eight hundred fifty-two of this
article, or operate or manage a charter school for a charter issued
pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
of this article. For charter schools established in conjunction with a
for-profit OR NOT-FOR-PROFIT business or corporate entity, the charter
shall specify the extent of the entity's participation in the management
and operation of the school.
§ 2. Paragraph (h) of subdivision 2 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(h) The rules and procedures by which students may be disciplined[,
including but not limited to expulsion or suspension from the school,
which shall be consistent with the requirements of due process and with
federal laws and regulations governing the placement of students with
disabilities] SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS
TWO-A, THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS
CHAPTER. THE CHARTERS OF ALL CHARTER SCHOOLS THAT WERE ISSUED ON OR
BEFORE JULY FIRST, TWO THOUSAND SEVENTEEN SHALL BE DEEMED AMENDED TO
REQUIRE COMPLIANCE WITH THE PROCEDURES SET FORTH IN SUBDIVISIONS TWO-A,
THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS
CHAPTER.
§ 3. Paragraph (e) of subdivision 4 of section 2851 of the education
law, as added by chapter 101 of the laws of 2010, is amended to read as
follows:
(e) The means by which the charter school will meet or exceed THE
enrollment [and retention targets as prescribed by the board of regents
or the board of trustees of the state university of New York, as appli-
cable, of students with disabilities, English language learners, and
students who are eligible applicants for the free and reduced price
lunch program which shall be considered by the charter entity prior to
approving such charter school's application for renewal. When developing
such targets, the board of regents and the board of trustees of the
state university of New York shall ensure (1) that such enrollment
targets are comparable to the enrollment figures of such categories of
students attending the public schools within the school district, or in
a city school district in a city having a population of one million or
more inhabitants, the community school district, in which the charter
school is located; and (2) that such retention targets are comparable to
the rate of retention of such categories of students attending the
public schools within the school district, or in a city school district
in a city having a population of one million or more inhabitants, the
community school district, in which the proposed charter school would be
located] REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVI-
SION TWO OF SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTI-
CLE.
A. 3006--B 51
§ 4. Subdivision 2 of section 2852 of the education law, as amended by
section 2 of part D-2 of chapter 57 of the laws of 2007, is amended to
read as follows:
2. An application for a charter school shall not be approved unless
the charter entity finds IN WRITING that:
(a) the charter school described in the application meets the require-
ments set out in this article and all other applicable laws, rules and
regulations;
(b) the applicant can demonstrate the ability to operate the school in
an educationally and fiscally sound manner;
(c) granting the application is likely to improve student learning and
achievement and materially further the purposes set out in subdivision
two of section twenty-eight hundred fifty of this article; and
(d) in a school district where the total enrollment of resident
students attending charter schools in the base year is greater than five
percent of the total public school enrollment of the school district in
the base year (i) granting the application would have a significant
educational benefit to the students expected to attend the proposed
charter school [or] AND (ii) the school district in which the charter
school will be located consents to such application.
In reviewing applications, the charter entity is encouraged to give
preference to applications that demonstrate the capability to provide
comprehensive learning experiences to students identified by the appli-
cants as at risk of academic failure. UPON MAKING A DETERMINATION OF
WHETHER AN APPLICATION FOR A CHARTER SCHOOL SHALL BE APPROVED, THE CHAR-
TER ENTITY SHALL PROVIDE DETAILED WRITTEN FINDINGS RELATED TO EACH OF
THE REQUIREMENTS IN THIS SUBDIVISION, WHICH SHALL BE MADE AVAILABLE TO
THE CHARTER SCHOOL APPLICANT, BOARD OF REGENTS AND THE SCHOOL DISTRICT
IN WHICH THE PROPOSED CHARTER SCHOOL WOULD BE LOCATED.
§ 5. Subdivision 5 of section 2852 of the education law, as amended by
chapter 101 of the laws of 2010, is amended to read as follows:
5. (A) Upon approval of an application by a charter entity, the appli-
cant and charter entity shall enter into a proposed agreement allowing
the applicants to organize and operate a charter school. Such written
agreement, known as the charter, shall include [(a)] (I) the information
required by subdivision two of section twenty-eight hundred fifty-one of
this article, as modified or supplemented during the approval process,
[(b)] (II) in the case of charters to be issued pursuant to subdivision
nine-a of this section, information required by such subdivision, [(c)]
(III) A PROVISION PROHIBITING THE CHARTER SCHOOL FROM ENTERING INTO,
RENEWING OR EXTENDING ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT
CORPORATE OR OTHER BUSINESS ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR
OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT REQUIRES SUCH ENTI-
TY TO PROVIDE STATE AND LOCAL OFFICERS HAVING THE POWER TO AUDIT THE
CHARTER SCHOOL PURSUANT TO THIS ARTICLE WITH ACCESS TO THE ENTITY'S
RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH SERVICES
TO THE SCHOOL, (IV) any other terms or conditions required by applicable
laws, rules and regulations, and [(d)] any other terms or conditions,
not inconsistent with law, agreed upon by the applicant and the charter
entity. In addition, the charter shall include the specific commitments
of the charter entity relating to its obligations to oversee and super-
vise the charter school. Within five days after entering into a proposed
charter, the charter entity other than the board of regents shall submit
to the board of regents a copy of the charter, the application and
supporting documentation for final approval and issuance by the board of
A. 3006--B 52
regents in accordance with subdivisions five-a and five-b of this
section.
(B) NO CHARTER SCHOOL HAVING A CHARTER THAT WAS ISSUED AND APPROVED ON
OR BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL ENTER INTO, RENEW
OR EXTEND THE DURATION OF ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-
PROFIT CORPORATE OR OTHER BUSINESS ENTITY FOR THE ADMINISTRATION,
MANAGEMENT OR OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT
REQUIRES SUCH ENTITY TO PROVIDE STATE AND LOCAL OFFICERS HAVING THE
POWER TO AUDIT THE CHARTER SCHOOL PURSUANT TO THIS ARTICLE WITH ACCESS
TO THE ENTITY'S RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVID-
ING SUCH SERVICES TO THE SCHOOL. ANY AGREEMENT ENTERED INTO, RENEWED OR
EXTENDED IN VIOLATION OF THIS SECTION SHALL BE NULL, VOID AND WHOLLY
UNENFORCEABLE, AND A VIOLATION OF THIS SECTION SHALL BE GROUNDS FOR
REVOCATION OR TERMINATION OF A CHARTER PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED FIFTY-FIVE OF THIS ARTICLE.
§ 6. Subparagraph (i) of paragraph (b) of subdivision 9-a of section
2852 of the education law, as amended by section 2 of subpart A of part
B of chapter 20 of the laws of 2015, is amended to read as follows:
(i) that the proposed charter school would meet or exceed THE enroll-
ment [and retention targets, as prescribed by the board of regents or
the board of trustees of the state university of New York, as applica-
ble, of students with disabilities, English language learners, and
students who are eligible applicants for the free and reduced price
lunch program. When developing such targets, the board of regents and
the board of trustees of the state university of New York, shall ensure
(1) that such enrollment targets are comparable to the enrollment
figures of such categories of students attending the public schools
within the school district, or in a city school district in a city
having a population of one million or more inhabitants, the community
school district, in which the proposed charter school would be located;
and (2) that such retention targets are comparable to the rate of
retention of such categories of students attending the public schools
within the school district, or in a city school district in a city
having a population of one million or more inhabitants, the community
school district, in which the proposed charter school would be located]
REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE; and
§ 7. Section 2853 of the education law is amended by adding a new
subdivision 2-b to read as follows:
2-B. IN ANY CASE WHERE A CHARTER SCHOOL ENTERS INTO, RENEWS OR EXTENDS
ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT BUSINESS OR CORPORATE
ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR OPERATION OF A CHARTER
SCHOOL, THE CHARTER SCHOOL IS REQUIRED TO HAVE A FORMAL CONTRACT WITH
SUCH ENTITY. ANY SUCH CONTRACT SHALL BE REVIEWED AND APPROVED BY THE
CHARTER ENTITY.
§ 8. Paragraph (a) of subdivision 3 of section 2853 of the education
law, as amended by chapter 101 of the laws of 2010, is amended to read
as follows:
(a) A charter school may be located in part of an existing public
school building, in space provided on a private work site, in a public
building or in any other suitable location. Provided, however, before a
charter school may be located in part of an existing public school
building, the charter entity shall provide notice to the parents or
guardians of the students then enrolled in the existing school building
and shall hold a public hearing for purposes of discussing the location
of the charter school. ALL CONTRACTS ENTERED INTO BY SUCH CHARTER
A. 3006--B 53
SCHOOL, OR ANY EDUCATION CORPORATION ORGANIZED TO OPERATE A CHARTER
SCHOOL, OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC BENE-
FIT CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING ON
BEHALF OF ANY OF THESE ENTITIES, INVOLVING THE CONSTRUCTION, RECON-
STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION,
OR ALTERATION OF ANY CHARTER SCHOOL FACILITY SHALL BE SUBJECT TO THE
REQUIREMENTS OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW
AND ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may own,
lease or rent its space.
§ 9. The opening paragraph and subparagraph 1 of paragraph (e) of
subdivision 3 of section 2853 of the education law, as added by section
5 of part BB of chapter 56 of the laws of 2014, are amended to read as
follows:
[In] EXCEPT AS PROVIDED IN SUBPARAGRAPH SEVEN OF THIS PARAGRAPH, a
city school district in a city having a population of one million or
more inhabitants, charter schools that first commence instruction or
that require additional space due to an expansion of grade level, pursu-
ant to this article, approved by their charter entity for the two thou-
sand fourteen--two thousand fifteen school year or thereafter and
request co-location in a public school building AND DEMONSTRATES TO THE
CITY SCHOOL DISTRICT THAT THE CHARTER SCHOOL DOES NOT HAVE THE FINANCIAL
CAPACITY TO PROCURE ADEQUATE FACILITIES shall be provided access to
facilities pursuant to this paragraph for such charter schools that
first commence instruction or that require additional space due to an
expansion of grade level, pursuant to this article, approved by their
charter entity for those grades newly provided.
(1) Notwithstanding any other provision of law to the contrary, within
the later of (i) five months after a charter school's written request
for co-location and (ii) PROVIDED THAT A CHARTER SCHOOL DEMONSTRATES
THAT IT LACKS THE FINANCIAL CAPACITY TO PROCURE ADEQUATE FACILITIES,
thirty days after the charter school's charter is approved by its char-
ter entity, the city school district shall either: (A) offer at no cost
to the charter school a co-location site in a public school building
approved by the board of education as provided by law, or (B) offer the
charter school space in a privately owned or other publicly owned facil-
ity at the expense of the city school district and at no cost to the
charter school FOR THREE YEARS. The space must be reasonable, appropri-
ate and comparable and in the community school district to be served by
the charter school and otherwise in reasonable proximity.
§ 10. Paragraph (e) of subdivision 3 of section 2853 of the education
law is amended by adding a new subparagraph 7 to read as follows:
(7)(A) NO CHARTER SCHOOL THAT, EITHER ALONE OR IN COMBINATION WITH ANY
CHARTER AFFILIATE, HAS ANY DIRECT OR INDIRECT INTEREST IN, OR MAY BE
ENTITLED TO RECEIVE ANY BENEFICIAL INTEREST FROM, ANY ASSET OR ASSETS OF
ANY KIND OR NATURE THAT ALONE OR COMBINED HAVE A VALUE EXCEEDING ONE
MILLION DOLLARS, SHALL BE OFFERED OR ENTITLED TO RECEIVE: (I) A CO-LO-
CATION SITE IN A PUBLIC SCHOOL BUILDING AT NO COST; OR (II) A SPACE IN A
PRIVATELY OR PUBLICLY OWNED FACILITY AT THE EXPENSE OF THE CITY SCHOOL
DISTRICT.
(B) NOTHING IN THIS SUBPARAGRAPH SHALL PROHIBIT A CHARTER SCHOOL FROM
RECEIVING A CO-LOCATION IN A PUBLIC BUILDING AT FAIR MARKET VALUE UNLESS
DOING SO WOULD NEGATIVELY IMPACT THE SIZE OF CLASSES IN ANY OTHER SCHOOL
IN THE BUILDING.
(C) AS USED IN THIS SUBPARAGRAPH THE TERM "CHARTER AFFILIATE" MEANS:
(I) ANY ENTITY THAT IS DIRECTLY OR INDIRECTLY CONTROLLED BY, IN CONTROL
OF, OR UNDER COMMON CONTROL WITH, THE CHARTER SCHOOL OR (II) ANY ENTITY
A. 3006--B 54
THAT PROVIDES MANAGEMENT, FUNDRAISING OR OTHER ADMINISTRATIVE SUPPORT
SERVICES TO THE CHARTER SCHOOL.
§ 11. Paragraph (c) of subdivision 4 of section 2853 of the education
law, as amended by section 1 of part BB of chapter 56 of the laws of
2014, is amended to read as follows:
(c) A charter school may contract with the governing body of a public
college or university for the use of a school building and grounds, the
operation and maintenance thereof. Any such contract shall provide such
services or facilities at [cost] FAIR MARKET VALUE. [A school district
shall permit any charter school granted approval to co-locate, to use
such services and facilities without cost.]
§ 12. Section 2853 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. DISCLOSURE. (A) A CHARTER SCHOOL SHALL REPORT:
(I) BY THE FIFTEENTH DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE NAME,
ADDRESS AND TOTAL COMPENSATION PAID TO EACH PERSON SERVING AS A CHARTER
EXECUTIVE IN THE PREVIOUS CALENDAR YEAR; AND
(II) WITHIN THIRTY DAYS OF RECEIPT, THE NAME AND ADDRESS OF ANY INDI-
VIDUAL, CORPORATION, ASSOCIATION, OR ENTITY PROVIDING A CONTRIBUTION,
GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS OR MORE TO THE
CHARTER SCHOOL OR CHARTER AFFILIATE AND THE AMOUNT OF EACH SUCH CONTRIB-
UTION, GIFT, LOAN, ADVANCE OR DEPOSIT.
(B) IF A CHARTER SCHOOL EITHER ALONE OR TOGETHER WITH ANY CHARTER
AFFILIATE HAS ANY DIRECT OR INDIRECT INTEREST IN, OR MAY BE ENTITLED TO
RECEIVE ANY BENEFICIAL INTEREST IN, ANY ASSET OR ASSETS OF ANY KIND OR
NATURE, ALONE OR TOGETHER, WITH A VALUE IN EXCESS OF ONE MILLION
DOLLARS, THE CHARTER SCHOOL SHALL:
(I) ENSURE THAT THE FINANCIAL STATEMENTS OF THE CHARTER SCHOOL AND
EACH CHARTER AFFILIATE CONFORM TO AND ARE REPORTED ACCORDING TO GENERAL-
LY ACCEPTED ACCOUNTING PRINCIPLES; AND
(II) ENSURE THAT THE FINANCIAL STATEMENTS OF THE CHARTER SCHOOL AND
ANY CHARTER AFFILIATE ARE AUDITED IN ACCORDANCE WITH GENERALLY ACCEPTED
AUDITING STANDARDS BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT OR AN
INDEPENDENT PUBLIC ACCOUNTANT, THAT SUCH AUDIT RECEIVES AN "UNQUALIFIED"
OPINION AS TO, AMONG OTHER THINGS, COMPLIANCE WITH GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES AND THAT SUCH AUDIT IS COMPLETED WITHIN NINE
MONTHS OF THE CONCLUSION OF THE FISCAL YEAR.
(C) IF A CHARTER SCHOOL EITHER ALONE OR TOGETHER WITH ANY CHARTER
AFFILIATE HAS ANY DIRECT OR INDIRECT INTEREST IN, OR MAY BE ENTITLED TO
RECEIVE ANY BENEFICIAL INTEREST IN, ANY ASSET OR ASSETS OF ANY KIND OR
NATURE, ALONE OR TOGETHER, WITH A VALUE IN EXCESS OF ONE MILLION
DOLLARS, IT SHALL ALSO REPORT BY THE FIFTEENTH DAY OF FEBRUARY OF EACH
ENSUING CALENDAR YEAR THE FOLLOWING:
(I) THE MOST RECENT AUDITED FINANCIAL STATEMENTS OF THE CHARTER SCHOOL
AND ANY CHARTER AFFILIATE WHICH SHALL CONFORM TO AND BE REPORTED ACCORD-
ING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES;
(II) THE MOST RECENT AUDITOR'S REPORT ON THE FINANCIAL STATEMENTS OF
THE CHARTER SCHOOL AND ANY CHARTER AFFILIATE;
(III) THE "UNQUALIFIED" OPINION RECEIVED FROM THE AUDITOR OF THE MOST
RECENT FINANCIAL STATEMENTS AS TO, AMONG OTHER THINGS, COMPLIANCE WITH
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; AND
(IV) ANY COMPENSATION OR REMUNERATION, WHETHER PAID OR GIVEN, INCLUD-
ING BUT NOT LIMITED TO SALARY, BONUS, AND DEFERRED COMPENSATION AND ANY
BENEFIT HAVING MONETARY VALUE, INCLUDING BUT NOT LIMITED TO, PERQUI-
SITES, FRINGE BENEFITS, EMPLOYER CONTRIBUTIONS TO DEFINED CONTRIBUTION
A. 3006--B 55
RETIREMENT PLANS AND OTHER RETIREMENT OR SEVERANCE BENEFITS RECEIVED BY
A CHARTER EXECUTIVE FROM ANY SOURCE.
(D)(I) EACH REPORT REQUIRED BY THIS SUBDIVISION SHALL BE ACCOMPANIED
BY A STATEMENT, UNDER OATH, BY THE CHAIRPERSON OF THE SCHOOL'S BOARD OF
TRUSTEES OR OTHER APPROPRIATE MEMBER OF THE BOARD OF TRUSTEES, THAT,
AFTER THE DUE INQUIRY, THE REPORTS ARE TRUE AND CORRECT TO THE BEST OF
HIS OR HER KNOWLEDGE AND HAVE BEEN PROVIDED TO EACH MEMBER OF THE
SCHOOL'S BOARD OF TRUSTEES.
(II) A CHARTER SCHOOL TO WHICH PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
SION DO NOT APPLY SHALL, BY THE FIFTEENTH DAY OF FEBRUARY OF EACH CALEN-
DAR YEAR, SUBMIT A STATEMENT AS PART OF ITS REPORT PURSUANT TO SUBPARA-
GRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, UNDER OATH, BY THE
CHAIRPERSON OF THE SCHOOL'S BOARD OF TRUSTEES OR OTHER APPROPRIATE
MEMBER OF THE BOARD OF TRUSTEES, THAT, AFTER THE DUE INQUIRY, THE CHAR-
TER SCHOOL EITHER ALONE OR TOGETHER WITH ANY CHARTER AFFILIATE DOES NOT
HAVE ANY DIRECT OR INDIRECT INTEREST IN OR MAY BE ENTITLED TO RECEIVE
ANY BENEFICIAL INTEREST IN ANY ASSET OR ASSETS OF ANY KIND OR NATURE,
ALONE OR TOGETHER, WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS.
(E) ANY REPORT REQUIRED PURSUANT TO THIS SUBDIVISION SHALL BE MADE TO
THE BOARD OF REGENTS, THE SCHOOL'S CHARTER ENTITY, AND THE COMPTROLLER
OF THE CITY OF NEW YORK FOR CHARTER SCHOOLS LOCATED IN NEW YORK CITY AND
THE COMPTROLLER OF THE STATE OF NEW YORK FOR CHARTER SCHOOLS LOCATED
OUTSIDE OF THE CITY OF NEW YORK. THE COMMISSIONER SHALL ENSURE THAT SUCH
REPORT IS MADE PUBLICLY AVAILABLE VIA THE DEPARTMENT'S OFFICIAL INTERNET
WEBSITE WITHIN FIVE DAYS OF ITS RECEIPT.
(F) A CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
SUBDIVISION SHALL BE A VERY SIGNIFICANT FACTOR IN DETERMINING WHETHER
THE CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHAR-
TER.
(G) AS USED IN THIS SUBDIVISION:
(I) "TOTAL COMPENSATION" SHALL INCLUDE: (A) ANY COMPENSATION OR REMUN-
ERATION, WHETHER PAID OR GIVEN, BY OR ON BEHALF OF THE CHARTER SCHOOL OR
ANY CHARTER AFFILIATE, FOR SERVICES RENDERED TO, ON BEHALF OF, OR AT THE
REQUEST OF THE CHARTER SCHOOL, INCLUDING BUT NOT LIMITED TO SALARY,
BONUS, AND DEFERRED COMPENSATION AND (B) ANY BENEFIT HAVING MONETARY
VALUE PROVIDED BY OR ON BEHALF OF THE CHARTER SCHOOL OR ANY CHARTER
AFFILIATE, INCLUDING BUT NOT LIMITED TO, PERQUISITES, FRINGE BENEFITS,
EMPLOYER CONTRIBUTIONS TO DEFINED CONTRIBUTION RETIREMENT PLANS AND
OTHER RETIREMENT OR SEVERANCE BENEFITS.
(II) "CHARTER AFFILIATE" MEANS: (A) ANY ENTITY THAT IS, DIRECTLY OR
INDIRECTLY, CONTROLLED BY, IN CONTROL OF, OR UNDER COMMON CONTROL WITH
THE CHARTER SCHOOL OR (B) ANY ENTITY OR AFFILIATE THEREOF THAT PROVIDES
MANAGEMENT, FUNDRAISING, OR OTHER ADMINISTRATIVE SUPPORT SERVICES TO THE
CHARTER SCHOOL.
(III) "CHARTER EXECUTIVE" MEANS: (A) AN OFFICER, DIRECTOR, TRUSTEE,
CONSULTANT, SUPERVISORY EMPLOYEE OF A CHARTER SCHOOL OR CHARTER AFFIL-
IATE OR (B) ANYONE WHO EXERTS OPERATIONAL OR MANAGERIAL INFLUENCE OR
CONTROL OVER THE SCHOOL INCLUDING, BUT NOT LIMITED TO, INFLUENCE OR
CONTROL OVER THE SCHOOL THROUGH A CHARTER MANAGEMENT COMPANY.
§ 13. Section 2853 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. EXECUTIVE COMPENSATION. (A) NO CHARTER SCHOOL SHALL PROVIDE ANY
COMPENSATION TO ANY INDIVIDUAL WHO IS ALSO AN OFFICER, DIRECTOR, TRUS-
TEE, CONSULTANT, OR EMPLOYEE OF A CHARTER AFFILIATE OR TO ANY INDIVIDUAL
WHO EXERTS OPERATIONAL OR MANAGERIAL INFLUENCE OR CONTROL OVER THE
SCHOOL THROUGH A CHARTER AFFILIATE.
A. 3006--B 56
(B)(I) NO CHARTER SCHOOL OR CHARTER AFFILIATE SHALL PERMIT THE TOTAL
COMPENSATION RECEIVED BY A CHARTER EXECUTIVE TO BE GREATER THAN ONE
HUNDRED NINETY-NINE THOUSAND DOLLARS PER ANNUM, INCLUDING NOT ONLY STATE
FUNDS AND STATE-AUTHORIZED PAYMENTS BUT ALSO ANY OTHER SOURCES OF FUND-
ING, AND GREATER THAN THE SEVENTY-FIFTH PERCENTILE OF THAT COMPENSATION
PROVIDED TO CHARTER EXECUTIVES OF OTHER CHARTER SCHOOLS AND CHARTER
AFFILIATES WITHIN THE SAME OR COMPARABLE GEOGRAPHIC AREA AS ESTABLISHED
BY A COMPENSATION SURVEY IDENTIFIED, PROVIDED, OR RECOGNIZED BY THE
DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET.
(II) IF THE DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET
FIND GOOD CAUSE AFTER CONSIDERING THE FACTORS SET FORTH IN SUBPARAGRAPH
(IV) OF THIS PARAGRAPH, A WAIVER OF THE LIMIT ON TOTAL COMPENSATION THAT
A CHARTER EXECUTIVE MAY RECEIVE MAY BE GRANTED, PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL THE TOTAL COMPENSATION EXCEED ONE HUNDRED AND FIFTY
PERCENT OF LEVEL I OF THE FEDERAL GOVERNMENT'S RATES OF BASIC PAY FOR
THE EXECUTIVE SCHEDULE PROMULGATED BY THE UNITED STATES OFFICE OF
PERSONNEL MANAGEMENT.
(III) THE APPLICATION FOR A WAIVER MUST BE FILED NO LATER THAN THE
FIFTEENTH DAY OF FEBRUARY OF THE YEAR FOR WHICH THE WAIVER IS SOUGHT.
THE APPLICATION SHALL BE TRANSMITTED IN THE MANNER AND FORM SPECIFIED BY
THE DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET. A WAIVER
MAY BE ONLY FOR THE SINGLE CALENDAR YEAR IN WHICH IT IS GRANTED.
(IV) THE FOLLOWING FACTORS, IN ADDITION TO ANY OTHER DEEMED RELEVANT
BY THE DEPARTMENT AND THE DIRECTOR OF THE DIVISION OF THE BUDGET, SHALL
BE CONSIDERED IN THE DETERMINATION OF WHETHER GOOD CAUSE EXISTS TO GRANT
A WAIVER:
(A) THE EXTENT TO WHICH THE EXECUTIVE COMPENSATION THAT IS THE SUBJECT
OF THE WAIVER REQUEST IS COMPARABLE TO THAT GIVEN TO COMPARABLE CHARTER
EXECUTIVES OF CHARTER SCHOOLS OR CHARTER AFFILIATES OF THE SAME SIZE AND
WITHIN THE SAME OR COMPARABLE GEOGRAPHIC AREA;
(B) THE EXTENT TO WHICH THE CHARTER SCHOOL WOULD BE UNABLE TO PROVIDE
EDUCATIONAL SERVICES AT THE SAME LEVELS OF QUALITY AND AVAILABILITY
WITHOUT A WAIVER OF THE LIMIT ON TOTAL COMPENSATION THAT A CHARTER EXEC-
UTIVE MAY RECEIVE;
(C) THE NATURE, SIZE, AND COMPLEXITY OF THE CHARTER SCHOOL OR CHARTER
AFFILIATE'S OPERATIONS;
(D) THE CHARTER SCHOOL OR CHARTER AFFILIATE'S REVIEW AND APPROVAL
PROCESS FOR THE TOTAL COMPENSATION THAT IS THE SUBJECT OF THE WAIVER,
INCLUDING WHETHER SUCH PROCESS INVOLVED A REVIEW AND APPROVAL BY THE
BOARD OF TRUSTEES OF THE SCHOOL, WHETHER SUCH REVIEW WAS CONDUCTED BY AT
LEAST TWO INDEPENDENT DIRECTORS OR INDEPENDENT MEMBERS OF THE BOARD OF
TRUSTEES, WHETHER SUCH REVIEW INCLUDED AN ASSESSMENT OF COMPARABILITY
DATA INCLUDING A COMPENSATION SURVEY, AND A CONTEMPORANEOUS SUBSTANTI-
ATION OF THE DELIBERATION AND DECISION TO APPROVE THE TOTAL COMPEN-
SATION;
(E) THE QUALIFICATIONS AND EXPERIENCE POSSESSED BY OR REQUIRED FOR THE
CHARTER EXECUTIVE'S POSITION; AND
(F) THE CHARTER SCHOOL OR CHARTER AFFILIATE'S EFFORTS, IF ANY, TO
SECURE A CHARTER EXECUTIVE WITH THE SAME LEVELS OF EXPERIENCE, EXPER-
TISE, AND SKILLS FOR THE POSITION OF THE CHARTER EXECUTIVE AT LOWER
LEVELS OF COMPENSATION.
(V) TO BE CONSIDERED, AN APPLICATION FOR SUCH A WAIVER SHALL COMPLY
WITH THIS PARAGRAPH IN ITS ENTIRETY.
(VI) UNLESS ADDITIONAL INFORMATION HAS BEEN REQUESTED BUT NOT RECEIVED
FROM THE CHARTER SCHOOL OR CHARTER AFFILIATE, A DECISION ON A TIMELY
A. 3006--B 57
SUBMITTED WAIVER APPLICATION SHALL BE PROVIDED NO LATER THAN SIXTY
CALENDAR DAYS AFTER SUBMISSION OF THE APPLICATION.
(VII) IF GRANTED, A WAIVER TO A CHARTER EXECUTIVE SHALL REMAIN IN
EFFECT FOR THE CALENDAR YEAR IT IS ISSUED IN, BUT SHALL BE DEEMED
REVOKED IF:
(A) THE TOTAL COMPENSATION THAT IS THE SUBJECT OF THE WAIVER
INCREASES; OR
(B) NOTICE OF REVOCATION IS PROVIDED TO THE CHARTER EXECUTIVE AT THE
DISCRETION OF THE DEPARTMENT AS A RESULT OF ADDITIONAL RELEVANT CIRCUM-
STANCES.
(VIII) INFORMATION PROVIDED IN CONNECTION WITH A WAIVER APPLICATION
SHALL BE SUBJECT TO PUBLIC DISCLOSURE PURSUANT TO ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
(IX) WHERE A WAIVER IS GRANTED, THE DEPARTMENT SHALL MAKE IT PUBLICLY
AVAILABLE VIA THE DEPARTMENT'S OFFICIAL INTERNET WEBSITE WITHIN FIVE
DAYS.
(C) NO CHARTER SCHOOL SHALL USE FUNDS RECEIVED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE OR ALLOW A CHARTER AFFIL-
IATE TO USE FUNDS RECEIVED FROM THE CHARTER SCHOOL TO PROVIDE A TOTAL
COMPENSATION TO A CHARTER EXECUTIVE GREATER THAN ONE HUNDRED NINETY-NINE
THOUSAND DOLLARS PER ANNUM.
(D) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL
RESULT IN THE ASSESSMENT OF A PENALTY AGAINST THE PAYOR IN AN AMOUNT
EQUAL TO THE AMOUNT OF COMPENSATION PAID OR PROVIDED IN VIOLATION OF
THIS SUBDIVISION.
(E) A CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
SUBDIVISION SHALL BE A VERY SIGNIFICANT FACTOR IN DETERMINING WHETHER
THE CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHAR-
TER.
(F) AS USED IN THIS SUBDIVISION:
(I) "TOTAL COMPENSATION" SHALL INCLUDE: (A) ANY COMPENSATION OR REMUN-
ERATION, WHETHER PAID OR GIVEN, BY OR ON BEHALF OF THE CHARTER SCHOOL OR
ANY CHARTER AFFILIATE, FOR SERVICES RENDERED TO, ON BEHALF OF, OR AT THE
REQUEST OF THE CHARTER SCHOOL, INCLUDING BUT NOT LIMITED TO SALARY,
BONUS, AND DEFERRED COMPENSATION AND (B) ANY BENEFIT HAVING MONETARY
VALUE PROVIDED BY OR ON BEHALF OF THE CHARTER SCHOOL OR ANY CHARTER
AFFILIATE, INCLUDING BUT NOT LIMITED TO, PERQUISITES, FRINGE BENEFITS,
EMPLOYER CONTRIBUTIONS TO DEFINED CONTRIBUTION RETIREMENT PLANS AND
OTHER RETIREMENT OR SEVERANCE BENEFITS.
(II) "CHARTER AFFILIATE" MEANS: (A) ANY ENTITY THAT IS, DIRECTLY OR
INDIRECTLY, CONTROLLED BY, IN CONTROL OF, OR UNDER COMMON CONTROL WITH
THE CHARTER SCHOOL OR (B) ANY ENTITY OR AFFILIATE THEREOF THAT PROVIDES
MANAGEMENT, FUNDRAISING, OR OTHER ADMINISTRATIVE SUPPORT SERVICES TO THE
CHARTER SCHOOL.
(III) "CHARTER EXECUTIVE" MEANS: (A) AN OFFICER, DIRECTOR, TRUSTEE,
CONSULTANT, SUPERVISORY EMPLOYEE OF A CHARTER SCHOOL OR CHARTER AFFIL-
IATE OR (B) ANYONE WHO EXERTS OPERATIONAL OR MANAGERIAL INFLUENCE OR
CONTROL OVER THE SCHOOL INCLUDING, BUT IS NOT LIMITED TO, INFLUENCE OR
CONTROL OVER THE SCHOOL THROUGH A CHARTER MANAGEMENT COMPANY.
§ 14. Section 2853 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. NOTIFICATION OF DISENROLLMENT. WITHIN FIVE BUSINESS DAYS OF A
STUDENT WHO WAS ENROLLED BY THE CHARTER SCHOOL CEASING TO BE ENROLLED, A
CHARTER SCHOOL SHALL NOTIFY THE SUPERINTENDENT OF THE DISTRICT IN WHICH
THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE
GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
A. 3006--B 58
YORK, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, OF THE NAME OF SUCH STUDENT.
§ 15. Subparagraph 5 of paragraph (e) of subdivision 3 of section 2853
of the education law, as amended by section 11 of part A of chapter 54
of the laws of 2016, is amended to read as follows:
(5) For a new charter school whose charter is granted or for an exist-
ing charter school whose expansion of grade level, pursuant to this
article, is approved by their charter entity, if the appeal results in a
determination in favor of the charter school, FOR SIX YEARS the city
school district shall pay the charter school (A) FOR THE INITIAL THREE
YEARS IN WHICH AID IS PAYABLE, an amount attributable to the grade level
expansion or the formation of the new charter school that is equal to
the lesser of:
[(A)] (I) the actual rental cost of an alternative privately owned
site selected by the charter school or
[(B)] (II) twenty percent of the product of the charter school's basic
tuition for the current school year and [(i)](I) for a new charter
school that first commences instruction on or after July first, two
thousand fourteen, the charter school's current year enrollment; or
[(ii)] (II) for a charter school which expands its grade level, pursuant
to this article, the positive difference of the charter school's enroll-
ment in the current school year minus the charter school's enrollment in
the school year prior to the first year of the expansion; AND
(B) IN THE FOURTH YEAR, THE CITY SCHOOL DISTRICT SHALL PAY NINETY
PERCENT MULTIPLIED BY THE AMOUNT CALCULATED PURSUANT TO CLAUSE (A) OF
THIS SUBPARAGRAPH; AND
(C) IN THE FIFTH YEAR, THE CITY SCHOOL DISTRICT SHALL PAY SIXTY
PERCENT MULTIPLIED BY THE AMOUNT CALCULATED PURSUANT TO CLAUSE (A) OF
THIS SUBPARAGRAPH; AND
(D) IN THE SIXTH YEAR, THE CITY SCHOOL DISTRICT SHALL PAY THIRTY
PERCENT MULTIPLIED BY THE AMOUNT CALCULATED PURSUANT TO CLAUSE (A) OF
THIS SUBPARAGRAPH.
§ 16. Paragraph (b) of subdivision 1 of section 2854 of the education
law, as amended by section 10-b of part A of chapter 56 of the laws of
2014, is amended to read as follows:
(b) A charter school shall meet the same health and safety, civil
rights, and student assessment requirements applicable to other public
schools, except as otherwise specifically provided in this article. A
charter school shall be exempt from all other state and local laws,
rules, regulations or policies governing public or private schools,
boards of education, school districts and political subdivisions,
including those relating to school personnel and students, except as
specifically provided in the school's charter or in this article. Noth-
ing in this subdivision shall affect the requirements of compulsory
education of minors established by part one of article sixty-five of
this chapter, NOR SHALL ANYTHING IN THIS SUBDIVISION AFFECT THE REQUIRE-
MENTS OF THE CHARTER SCHOOL TO COMPLY WITH SECTION ONE HUNDRED THREE OF
THE GENERAL MUNICIPAL LAW AND ARTICLES EIGHT AND NINE OF THE LABOR LAW
WITH RESPECT TO THE CONSTRUCTION, RECONSTRUCTION, DEMOLITION, EXCA-
VATION, REHABILITATION, REPAIR, RENOVATION, OR ALTERATION OF ANY CHARTER
SCHOOL FACILITY.
§ 17. Subdivision 2 of section 2854 of the education law, as added by
chapter 4 of the laws of 1998, paragraph (a) as amended by chapter 101
of the laws of 2010, and paragraph (b) as amended by section 3 of
subpart A of part B of chapter 20 of the laws of 2015, is amended to
read as follows:
A. 3006--B 59
2. Admissions; enrollment; students. (a) A charter school shall be
nonsectarian in its programs, admission policies, employment practices,
and all other operations and shall not charge tuition or fees; provided
that a charter school may require the payment of fees on the same basis
and to the same extent as other public schools. A charter school shall
not discriminate against any student, employee or any other person on
the basis of ethnicity, national origin, gender, or disability or any
other ground that would be unlawful if done by a school. Admission of
students shall not be limited on the basis of intellectual ability,
measures of achievement or aptitude, athletic ability, disability, race,
creed, gender, national origin, religion, or ancestry; provided, howev-
er, that nothing in this article shall be construed to prevent the
establishment of a single-sex charter school or a charter school
designed to provide expanded learning opportunities for students at-risk
of academic failure or students with disabilities and English language
learners; and provided, further, that the charter school shall demon-
strate good faith efforts to attract and retain [a comparable] AN EQUAL
or greater enrollment of students with disabilities, English language
learners, and students who are eligible applicants for the free and
reduced price lunch program when compared to the enrollment figures for
such students in the school district in which the charter school is
located. A charter shall not be issued to any school that would be whol-
ly or in part under the control or direction of any religious denomi-
nation, or in which any denominational tenet or doctrine would be
taught.
(b) (I) Any child who is qualified under the laws of this state for
admission to a public school is qualified for admission to a charter
school. Applications for admission to a charter school shall be submit-
ted on a uniform application form created by the department and shall be
made available by a charter school in languages predominately spoken in
the community in which such charter school is located. [The]
(II) A CHARTER SCHOOL SHALL ENROLL AND CONTINUALLY KEEP ENROLLED THE
MINIMUM NUMBER OF STUDENTS IN EACH OF THE FOLLOWING CATEGORIES: (A)
STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN REGULATIONS OF
THE COMMISSIONER, (B) STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE
ANY SPECIAL EDUCATION SERVICE, (C) STUDENTS WHO HAVE INDIVIDUAL EDUCA-
TION PLANS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT
OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, (D) STUDENTS
WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT, AND (E) STUDENTS WHO RESIDE IN
TEMPORARY OR TRANSITIONAL HOUSING. THE MINIMUM NUMBER OF STUDENTS A
CHARTER SCHOOL MUST ENROLL AND CONTINUALLY KEEP ENROLLED IN EACH SUCH
CATEGORY SHALL BE THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE
STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN ITS CHARTER,
IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER
PUBLIC SCHOOLS IN THE DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED
ENROLLED IN THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH ARE
SERVED BY THE CHARTER SCHOOL. FOR PURPOSES OF THIS SUBPARAGRAPH, FOR THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, DISTRICT SHALL MEAN THE
COMMUNITY SCHOOL DISTRICT AND SHALL INCLUDE ALL NON-CHARTER PUBLIC
SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED
IN THE COMMUNITY SCHOOL DISTRICT.
(III) PRIOR TO A CHARTER SCHOOL SELECTING OR ENROLLING STUDENTS FOR
THE NEXT SCHOOL YEAR, THE COMMISSIONER SHALL PROVIDE THE CHARTER SCHOOL
WITH THE MINIMUM NUMBER OF STUDENTS IT MUST ENROLL AND CONTINUALLY KEEP
ENROLLED IN EACH CATEGORY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARA-
A. 3006--B 60
GRAPH. THE MINIMUM NUMBER OF STUDENTS EACH CHARTER SCHOOL MUST ENROLL
AND CONTINUALLY KEEP ENROLLED IN EACH CATEGORY PURSUANT TO SUBPARAGRAPH
(II) OF THIS PARAGRAPH SHALL BE MADE PUBLIC BY THE COMMISSIONER NO LATER
THAN FIVE BUSINESS DAYS AFTER IT HAS BEEN PROVIDED TO THE CHARTER
SCHOOL.
(IV) A CHARTER school shall enroll each eligible student who submits a
timely application by the first day of April each year[,] unless the
number of applications exceeds the capacity of the grade level or build-
ing OR WOULD CAUSE THE CHARTER SCHOOL TO BE BELOW THE MINIMUM NUMBER OF
STUDENTS IT MUST ENROLL AND CONTINUALLY KEEP ENROLLED IN EACH CATEGORY
PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH. In such cases, students
shall be accepted from among applicants by a random selection process,
provided[, however,] that SEPARATE RANDOM SELECTION PROCESSES SHALL BE
CONDUCTED FOR STUDENTS THAT ARE NOT IN ANY CATEGORY SET FORTH IN SUBPAR-
AGRAPH (II) OF THIS PARAGRAPH AND FOR STUDENTS IN EACH CATEGORY SET
FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH SUCH THAT A CHARTER SCHOOL
ENROLLS AT LEAST THE MINIMUM NUMBER OF STUDENTS REQUIRED PURSUANT TO
SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(V) WHERE A CHARTER SCHOOL DOES NOT ENROLL THE MINIMUM NUMBER OF
STUDENTS IT MUST ENROLL AND CONTINUALLY KEEP ENROLLED IN EACH CATEGORY
SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CHARTER SCHOOL
SHALL HOLD OPEN A SUFFICIENT NUMBER OF ENROLLMENT SPACES SUCH THAT IT IS
POSSIBLE FOR THE CHARTER SCHOOL, CONSISTENT WITH ITS CHARTER, TO SUBSE-
QUENTLY ENROLL THE NUMBER OF STUDENTS REQUIRED BY SUBPARAGRAPH (II) OF
THIS PARAGRAPH.
(VI) A CHARTER SCHOOL MAY PROVIDE an enrollment preference [shall be
provided] to pupils returning to the charter school in the second or any
subsequent year of operation and pupils residing in the school district
in which the charter school is located, and siblings of pupils already
enrolled in the charter school PROVIDED THAT THE CHARTER SCHOOL ENROLLS
AND CONTINUALLY KEEPS ENROLLED THE MINIMUM NUMBER OF STUDENTS REQUIRED
IN EACH CATEGORY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH AND
HOLDS OPEN THE NUMBER OF ENROLLMENT SPACES AS REQUIRED BY SUBPARAGRAPH
(V) OF THIS PARAGRAPH. Preference may also be provided to children of
employees of the charter school or charter management organization,
PROVIDED THAT THE CHARTER SCHOOL ENROLLS AND CONTINUALLY KEEPS ENROLLED
THE MINIMUM NUMBER OF STUDENTS REQUIRED IN EACH CATEGORY PURSUANT TO
SUBPARAGRAPH (II) OF THIS PARAGRAPH AND HOLDS OPEN THE NUMBER OF ENROLL-
MENT SPACES AS REQUIRED BY SUBPARAGRAPH (V) OF THIS PARAGRAPH AND
provided FURTHER that such children of employees may constitute no more
than fifteen percent of the charter school's total enrollment.
(VII) FOR PURPOSES OF THIS PARAGRAPH, IF A STUDENT WITHDRAWS FROM A
CHARTER SCHOOL AS A RESULT OF A VOLUNTARY DECISION OF THE STUDENT'S
PARENT OR GUARDIAN AND, AS A DIRECT RESULT, THE CHARTER SCHOOL NO LONGER
HAS THE MINIMUM NUMBER OF STUDENTS IN EACH CATEGORY REQUIRED PURSUANT TO
SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CHARTER SCHOOL SHALL NEVERTHE-
LESS BE CONSIDERED TO HAVE CONTINUALLY KEPT ENROLLED THE MINIMUM NUMBER
OF STUDENTS REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH IF, WITHIN
THIRTY DAYS OF THE STUDENT BEING WITHDRAWN, THE CHARTER SCHOOL REPLACES
THE STUDENT THAT WAS WITHDRAWN WITH A DIFFERENT STUDENT SUCH THAT THE
CHARTER SCHOOL HAS THE MINIMUM NUMBER OF STUDENTS IN EACH CATEGORY
REQUIRED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, PROVIDED
HOWEVER, THAT THIS SUBPARAGRAPH SHALL NOT APPLY (A) IF THE CHARTER
SCHOOL WAS ALREADY IN VIOLATION OF THE REQUIREMENTS OF SUBPARAGRAPH (II)
OF THIS PARAGRAPH AT THE TIME THE STUDENT WAS WITHDRAWN OR (B) IF THE
DECISION OF THE STUDENT'S PARENT OR GUARDIAN WAS SUBSTANTIALLY MOTIVATED
A. 3006--B 61
BY ANY ACTION OR INACTION OF THE CHARTER SCHOOL, OR ANY OF ITS AGENTS OR
EMPLOYEES, THAT WAS IN VIOLATION OF ANY LAW, RULE, OR REGULATION.
(VIII) (A) A CHARTER SCHOOL SHALL REPORT THE NAMES OF ANY PARENTS OR
GUARDIANS OF STUDENTS WHO ARE ON A WAITLIST FOR ENROLLMENT IN THE CHAR-
TER SCHOOL TO THE SUPERINTENDENT OF THE DISTRICT IN WHICH THE CHARTER
SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE GEOGRAPHIC
AREA SERVED BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE
CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, WHETHER
EACH SUCH STUDENT IS IN ONE OF THE CATEGORIES SET FORTH IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH AND, IF SO, WHICH ONE.
(B) A CHARTER SCHOOL THAT, AT ANY TIME, DOES NOT HAVE ENROLLED THE
MINIMUM NUMBER OF STUDENTS REQUIRED IN EACH CATEGORY PURSUANT TO SUBPAR-
AGRAPH (II) OF THIS PARAGRAPH SHALL NOTIFY THE SUPERINTENDENT OF THE
DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS
LOCATED WITHIN THE GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE
CITY OF NEW YORK, WITHIN FIVE DAYS OF THE DATE OF THE SCHOOL BEING BELOW
THE MINIMUM NUMBER OF STUDENTS. A SEPARATE NOTIFICATION SHALL BE
PROVIDED EACH TIME A CHARTER SCHOOL'S ENROLLMENT FALLS BELOW THE MINIMUM
IN ANY CATEGORY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(C) WHERE THE SUPERINTENDENT OF THE DISTRICT OR THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK RECEIVES NOTIFICATION
PURSUANT TO CLAUSE (B) OF THIS SUBPARAGRAPH, HE OR SHE SHALL FIRST OFFER
THE ENROLLMENT SPACES TO ANY PARENTS OR GUARDIANS OF STUDENTS WHO ARE IN
A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH WHO ARE ON THE SCHOOL'S WAITLIST,
THEN TO ANY PARENTS OR GUARDIANS OF STUDENTS WHO ARE IN A CATEGORY IN
WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH WHO ARE ON THE WAITLIST OF ANOTHER CHARTER SCHOOL
IN THE DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER
SCHOOLS LOCATED WITHIN THE GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK GEOGRAPHICALLY LOCATED IN THE COMMUNITY
SCHOOL DISTRICT, AND THEN TO ANY OTHER PARENTS OR GUARDIANS OF STUDENTS
WHO ARE IN A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM
SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH WHO RESIDE IN THE
DISTRICT; SUCH PROCESS OF ENROLLMENT OFFERS SHALL CONTINUE UNTIL THE
CHARTER SCHOOL IS NO LONGER BELOW SUCH MINIMUM IN ANY CATEGORY OR SUCH
SUPERINTENDENT OR CHANCELLOR CERTIFIES THERE ARE NO SUCH STUDENTS SEEK-
ING ENROLLMENT.
(D) OFFERS MADE PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE IN WRITING
IN THE PARENT OR GUARDIAN'S PRIMARY LANGUAGE. WHERE AN OFFER IS MADE
PURSUANT TO THIS SUBPARAGRAPH AND THE PARENT OR GUARDIAN ACCEPTS, THE
CHARTER SCHOOL SHALL ENROLL THE STUDENT WITHIN FIVE CALENDAR DAYS OF THE
OFFER BEING ACCEPTED.
(IX) (A) FOR EACH MONTH DURING THE SCHOOL YEAR, A CHARTER SCHOOL SHALL
REPORT THE NUMBER OF STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF THE
MONTH, IN EACH CATEGORY SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH
AND THE NUMBER OF STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF THE
MONTH, THAT ARE IN NONE OF THE CATEGORIES SET FORTH IN SUBPARAGRAPH (II)
OF THIS PARAGRAPH.
(B) REPORTS PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE TO THE BOARD
OF REGENTS, THE SCHOOL'S CHARTER ENTITY, THE COMPTROLLER OF THE CITY OF
NEW YORK FOR CHARTER SCHOOLS LOCATED IN NEW YORK CITY AND THE COMP-
TROLLER OF THE STATE OF NEW YORK FOR CHARTER SCHOOLS LOCATED OUTSIDE OF
THE CITY OF NEW YORK, AND THE SUPERINTENDENT OF THE DISTRICT IN WHICH
THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE
A. 3006--B 62
GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK. THE COMMISSIONER SHALL ENSURE THAT SUCH REPORT IS MADE PUBLICLY
AVAILABLE VIA SUCH DEPARTMENT'S OFFICIAL INTERNET WEBSITE WITHIN FIVE
DAYS OF ITS RECEIPT.
(C) REPORTS PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE ON THE FIFTH
DAY OF THE ENSUING MONTH DURING THE SCHOOL YEAR AND SHALL BE ACCOMPANIED
BY A STATEMENT, UNDER OATH, BY THE CHAIRPERSON OF THE SCHOOL'S BOARD OF
TRUSTEES OR OTHER APPROPRIATE MEMBER OF THE BOARD OF TRUSTEES, THAT,
AFTER THE DUE INQUIRY, THE REPORTS ARE TRUE AND CORRECT AND HAVE BEEN
PROVIDED TO EACH MEMBER OF THE SCHOOL'S BOARD OF TRUSTEES.
(X) The commissioner shall establish regulations to require that the
random selection [process] PROCESSES conducted pursuant to this para-
graph be performed in a transparent and equitable manner and to require
that the time and place of the random selection process be publicized in
a manner consistent with the requirements of section one hundred four of
the public officers law and be open to the public. [For] EXCEPT WHERE
ANOTHER DEFINITION IS PROVIDED, FOR the purposes of this paragraph and
paragraph (a) of this subdivision, the school district in which the
charter school is located shall mean, for the city school district of
the city of New York, the community district in which the charter school
is located.
(XI) THE COMMISSIONER MAY, BY REGULATION, REQUIRE THE BOARD OF EDUCA-
TION OF EACH SCHOOL DISTRICT OR THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK TO PROVIDE TO HIM OR HER SUCH INFORMA-
TION AS IS NECESSARY TO CALCULATE THE MINIMUM NUMBER OF STUDENTS A CHAR-
TER SCHOOL MUST ENROLL AND CONTINUALLY HAVE ENROLLED PURSUANT TO SUBPAR-
AGRAPH (II) OF THIS PARAGRAPH. SUCH INFORMATION SHALL BE MADE PUBLIC BY
THE COMMISSIONER WITHIN FIVE BUSINESS DAYS OF RECEIPT.
(XII)(A) IF A CHARTER SCHOOL FAILS TO ENROLL THE NUMBER OF STUDENTS
REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH THE APPROPRIATE SCHOOL
DISTRICT SHALL WITHHOLD FROM THE CHARTER SCHOOL'S FUNDING AN AMOUNT
EQUAL TO THE ADDITIONAL PER PUPIL FUNDING THE CHARTER SCHOOL WOULD HAVE
RECEIVED HAD EACH STUDENT NOT ENROLLED AS REQUIRED BY SUBPARAGRAPH (II)
OF THIS PARAGRAPH BEEN ENROLLED.
(B) MONEY WITHHELD BY THE SCHOOL DISTRICT IN ACCORDANCE WITH THIS
SUBPARAGRAPH SHALL BE RETURNED TO THE COMMISSIONER FOR DISTRIBUTION TO
EACH OF THE SCHOOL DISTRICTS, USING AN EQUITABLE FORMULA DETERMINED BY
THE COMMISSIONER, PROVIDED THE CHARTER SCHOOL OR SCHOOLS FROM WHICH THE
MONIES ARE WITHHELD SHALL NOT BE ENTITLED TO THE RETURN OF ANY MONEY
WITHHELD PURSUANT TO THIS SUBPARAGRAPH OR ANY ADDITIONAL MONIES AS A
RESULT OF THE COMMISSIONER'S DISTRIBUTION OF FUNDS PURSUANT TO THIS
SUBPARAGRAPH.
(XIII) (A) NO CHARTER SCHOOL SHALL FIRST COMMENCE INSTRUCTION IF IT IS
OPERATED BY, MANAGED BY, AFFILIATED WITH, IN THE SAME CHAIN AS, SHARES
THE SAME MANAGEMENT COMPANY AS, OR HAS ANY COMMON CHARTER APPLICANT AS,
A SCHOOL THAT HAS BEEN IN VIOLATION, WITHIN THE LAST TWO YEARS, OF THE
ENROLLMENT REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(B) NO CHARTER SCHOOL SHALL EXPAND BEYOND THE GRADES WITH ENROLLED
STUDENTS, EVEN IF SUCH EXPANSION IS AUTHORIZED BY ITS CHARTER, IF IT HAS
BEEN IN VIOLATION, WITHIN THE LAST TWO YEARS, OF THE ENROLLMENT REQUIRE-
MENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(C) A CHARTER SCHOOL THAT DOES NOT HAVE ENROLLED THE MINIMUM NUMBER OF
STUDENTS AS REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE
OFFERED OR ENTITLED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF
SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE (1) A
A. 3006--B 63
CO-LOCATION SITE IN A PUBLIC SCHOOL BUILDING AT NO COST OR (2) SPACE IN
A PRIVATELY OWNED OR OTHER PUBLICLY OWNED FACILITY AT THE EXPENSE OF THE
CITY SCHOOL DISTRICT. A CHARTER SCHOOL THAT HAS ALREADY BEEN CO-LOCATED
IN A PUBLIC SCHOOL BUILDING OR GIVEN SPACE IN A PRIVATELY OWNED OR OTHER
PUBLICLY OWNED FACILITY PURSUANT TO THIS PARAGRAPH AND THEN FAILS TO
CONTINUALLY HAVE ENROLLED THE REQUIRED MINIMUM NUMBER OF STUDENTS SHALL
BE REQUIRED TO PAY THE FAIR MARKET VALUE OF SUCH SPACE FOR SUCH PERIOD
OF TIME OF NON-COMPLIANCE.
(XIV) THE PROVISIONS OF THIS PARAGRAPH SHALL BE ENFORCEABLE BY THE
COMMISSIONER OR BY A COURT OF COMPETENT JURISDICTION. ANY EMPLOYEE OF
THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR THE PARENT
OR GUARDIAN OF A STUDENT ATTENDING THE DISTRICT IN WHICH THE CHARTER
SCHOOL IS LOCATED SHALL HAVE STANDING TO ENFORCE THE PROVISIONS OF THIS
PARAGRAPH.
(XV) A CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
PARAGRAPH SHALL BE A VERY SIGNIFICANT FACTOR IN DETERMINING WHETHER THE
CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHARTER.
(B-1) PRIOR TO SUBMISSION OF ENROLLMENT COUNTS TO A SCHOOL DISTRICT
PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF
THIS ARTICLE, ON OR AFTER OCTOBER FIRST OF THE TWO THOUSAND SEVENTEEN--
TWO THOUSAND EIGHTEEN SCHOOL YEAR AND OCTOBER FIRST OF EACH SCHOOL YEAR
THEREAFTER, A CHARTER SCHOOL SHALL DETERMINE WHETHER THAT SCHOOL
DISTRICT IS THE SCHOOL DISTRICT OF RESIDENCE OF EACH STUDENT FOR WHOM
ENROLLMENT IS CLAIMED. SUCH RESIDENCY DETERMINATION SHALL BE MADE IN
ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER AND THE RESIDENCY
POLICY OF THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED,
PROVIDED THAT THE CHARTER SCHOOL MAY FULFILL SUCH REQUIREMENT BY REQUIR-
ING THAT THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION REGISTER
THEIR CHILD WITH THE SCHOOL DISTRICT THEY HAVE IDENTIFIED AS THEIR
SCHOOL DISTRICT OF RESIDENCE. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION
SHALL NOT BE REQUIRED TO ANNUALLY PROVE THEIR CONTINUED RESIDENCY,
PROVIDED THAT THEY EITHER ANNUALLY CERTIFY TO THE CHARTER SCHOOL AND THE
SCHOOL DISTRICT OF RESIDENCE THAT THEIR RESIDENCY HAS NOT CHANGED OR
NOTIFY THE CHARTER SCHOOL AND THE SCHOOL DISTRICT THAT THEIR RESIDENCY
HAS CHANGED AND THAT A NEW SCHOOL DISTRICT OF RESIDENCE SHOULD BE IDEN-
TIFIED PURSUANT TO THIS PARAGRAPH. UPON MAKING A RESIDENCY DETERMI-
NATION, A CHARTER SCHOOL MAKING ITS OWN RESIDENCY DETERMINATION SHALL
PROMPTLY SUBMIT ITS PROOF OF RESIDENCE TO THE SCHOOL DISTRICT IDENTIFIED
AS THE DISTRICT OF RESIDENCE FOR PURPOSES OF ENROLLMENT OF THE STUDENT
IN SUCH SCHOOL DISTRICT IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE, AND THE PROVISION OF
SERVICES PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED
FIFTY-THREE OF THIS ARTICLE. IN THE EVENT OF A DISPUTE OVER THE RESIDEN-
CY OF A STUDENT, THE SCHOOL DISTRICT SHALL MAKE ITS OWN RESIDENCY DETER-
MINATION PURSUANT TO THE REGULATIONS OF THE COMMISSIONER AFTER CONSIDER-
ING THE PROOF OF RESIDENCY SUBMITTED BY THE CHARTER SCHOOL, AND SUCH
DETERMINATION MAY BE APPEALED TO THE COMMISSIONER BY THE CHARTER SCHOOL
OR BY THE PARENT OR OTHER PERSON IN PARENTAL RELATION OR BOTH PURSUANT
TO SECTION THREE HUNDRED TEN OF THIS CHAPTER. DURING THE PENDENCY OF
SUCH APPEAL, THE STUDENT SHALL BE DEEMED ENROLLED IN THE SCHOOL
DISTRICT, SHALL BE ENTITLED TO SERVICES PURSUANT TO SUBDIVISION FOUR OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE, AND THE SCHOOL
DISTRICT SHALL BE LIABLE FOR CHARTER SCHOOL TUITION, PROVIDED THAT UPON
A FINAL DETERMINATION IN SUCH APPEAL THAT THE STUDENT IS NOT A RESIDENT
OF THE SCHOOL DISTRICT, THE SCHOOL DISTRICT MAY DEDUCT THE COST OF SUCH
A. 3006--B 64
TUITION AND SERVICES FROM FUTURE PAYMENTS DUE THE CHARTER SCHOOL. THE
PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO CHARTER SCHOOLS LOCATED
IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
(c) A charter school shall serve one or more of the grades one through
twelve, and shall limit admission to pupils within the grade levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten program.
(d) A student may withdraw from a charter school at any time and
enroll in a public school. [A charter school may refuse admission to any
student who has been expelled or suspended from a public school until
the period of suspension or expulsion from the public school has
expired, consistent with the requirements of due process]
(I) A STUDENT MAY ONLY BE DISCIPLINED, SUSPENDED OR EXPELLED FROM A
CHARTER SCHOOL IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SUBDIVI-
SIONS TWO-A, THREE, AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN
OF THIS CHAPTER. EVERY CHARTER SCHOOL SHALL DEVELOP A CODE OF CONDUCT IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS TITLE.
(II) EVERY CHARTER SCHOOL SHALL SUBMIT A DETAILED ANNUAL REPORT
REGARDING DISCIPLINARY MEASURES IMPOSED ON STUDENTS. THE REPORT SHALL BE
SUBMITTED TO THE CHARTER ENTITY AND THE BOARD OF REGENTS AS PART OF THE
ANNUAL REPORT REQUIRED PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-
EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. THE REPORT SHALL BE IN A FORM
PRESCRIBED BY THE COMMISSIONER, AND SHALL INCLUDE, BUT NOT BE LIMITED
TO, NUMBER OF CLASSROOM REMOVALS, NUMBER OF IN-SCHOOL SUSPENSIONS,
NUMBER OF OUT-OF-SCHOOL SUSPENSIONS, NUMBER OF EXPULSIONS, AND THE
ACTION THE STUDENT TOOK THAT LED TO EACH DISCIPLINARY MEASURE IMPOSED.
SUCH DATA SHALL BE DISAGGREGATED BY RACE/ETHNICITY, STATUS AS A STUDENT
WITH A DISABILITY AND STATUS AS AN ENGLISH LANGUAGE LEARNER. THE REPORT
SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
(III) FOR THE PURPOSES OF THIS SUBDIVISION:
(A) THE TERM "SUPERINTENDENT," "SUPERINTENDENT OF SCHOOLS," "DISTRICT
SUPERINTENDENT OF SCHOOLS," OR "COMMUNITY SUPERINTENDENT," AS USED IN
SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
TER, AS SUCH TERMS RELATE TO CHARTER SCHOOLS SHALL MEAN THE CHAIRPERSON
OF THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL OR THE CHIEF SCHOOL OFFI-
CER OF THE CHARTER SCHOOL; AND
(B) THE TERM "BOARD OF EDUCATION" OR "BOARD," AS USED IN SUBDIVISION
THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AS SUCH
TERMS RELATE TO CHARTER SCHOOLS SHALL MEAN THE BOARD OF TRUSTEES OF THE
CHARTER SCHOOL.
§ 18. Subdivision 1 of section 2855 of the education law, as amended
by chapter 101 of the laws of 2010, is amended to read as follows:
1. The charter entity, or the board of regents, may terminate a char-
ter upon any of the following grounds:
(a) When a charter school's outcome on student assessment measures
adopted by the board of regents falls below the level that would allow
the commissioner to revoke the registration of another public school,
and student achievement on such measures has not shown improvement over
the preceding three school years;
(b) [Serious violations] A VIOLATION of law;
(c) [Material and substantial] A violation of the charter[, including
fiscal mismanagement];
(d) When the public employment relations board makes a determination
that the charter school [demonstrates a practice and pattern of egre-
gious and intentional violations of] HAS VIOLATED subdivision one of
A. 3006--B 65
section two hundred nine-a of the civil service law involving interfer-
ence with or discrimination against employee rights under article four-
teen of the civil service law; or THE NATIONAL LABOR RELATIONS BOARD
CREATED PURSUANT TO SUBCHAPTER II OF CHAPTER SEVEN OF TITLE TWENTY-NINE
OF THE UNITED STATES CODE, OR ANY PERSON OR ENTITY TO WHOM THE NATIONAL
LABOR RELATIONS BOARD HAS LAWFULLY DELEGATED ITS AUTHORITY, MAKES A
DETERMINATION THAT THE CHARTER SCHOOL HAS VIOLATED SECTION 158(A) OF
TITLE TWENTY-NINE OF THE UNITED STATES CODE; OR
(e) [Repeated failure] FAILURE to comply with the requirement to meet
or exceed enrollment and retention targets of students with disabili-
ties, English language learners, and students who are eligible appli-
cants for the free and reduced price lunch program pursuant to targets
established by the board of regents or the board of trustees of the
state university of New York, as applicable. Provided, however, if no
grounds for terminating a charter are established pursuant to this
section other than pursuant to this paragraph, and the charter school
demonstrates that it has made extensive efforts to recruit and retain
such students, including outreach to parents and families in the
surrounding communities, widely publicizing the lottery for such school,
and efforts to academically support such students in such charter
school, then the charter entity or board of regents may retain such
charter.
§ 19. Paragraph (e) of subdivision 1 of section 2855 of the education
law, as added by chapter 101 of the laws of 2010, is amended and a new
paragraph (f) is added to read as follows:
(e) [Repeated failure to comply with the requirement to meet or exceed
enrollment and retention targets of students with disabilities, English
language learners, and students who are eligible applicants for the free
and reduced price lunch program pursuant to targets established by the
board of regents or the board of trustees of the state university of New
York, as applicable. Provided, however, if no grounds for terminating a
charter are established pursuant to this section other than pursuant to
this paragraph, and the charter school demonstrates that it has made
extensive efforts to recruit and retain such students, including
outreach to parents and families in the surrounding communities, widely
publicizing the lottery for such school, and efforts to academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter.] FAILURE TO COMPLY WITH THE
REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO THOUSAND
EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE; OR
(F) FAILURE TO COMPLY WITH THE DATA REPORTING REQUIREMENTS PRESCRIBED
IN SUBDIVISIONS TWO AND TWO-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEV-
EN OF THIS ARTICLE.
§ 20. Subdivision 3 of section 2855 of the education law, as added by
chapter 4 of the laws of 1998, is amended to read as follows:
3. (A) In addition to the provisions of subdivision two of this
section, the charter entity or the board of regents may place a charter
school falling within the provisions of subdivision one of this section
on probationary status to allow the implementation of a remedial action
plan. The failure of a charter school to comply with the terms and
conditions of a remedial action plan may result in summary revocation of
the school's charter.
(B) A CHARTER SCHOOL THAT IS PLACED ON PROBATIONARY STATUS SHALL ANNU-
ALLY NOTIFY THE PARENTS OR GUARDIANS OF ALL STUDENTS AND APPLICANTS OF
THE PLACEMENT. THE INITIAL NOTICE SHALL BE DISTRIBUTED WITHIN TWO WEEKS
OF BEING PLACED ON PROBATIONARY STATUS. SUCH NOTICE SHALL BE WRITTEN AND
A. 3006--B 66
DELIVERED VIA MAIL. THE DEPARTMENT SHALL IDENTIFY ALL CHARTER SCHOOLS ON
PROBATIONARY STATUS ON THE DEPARTMENT'S WEBSITE AND SHALL ALSO POST THE
REMEDIAL ACTION PLAN.
§ 21. Subdivision 4 of section 2855 of the education law, as added by
chapter 4 of the laws of 1998, is amended to read as follows:
4. (A) Any individual or group may bring a complaint to the board of
trustees of a charter school alleging a violation of the provisions of
this article, the charter, or any other provision of law relating to the
management or operation of the charter school. If, after presentation of
the complaint to the board of trustees of a charter school, the individ-
ual or group determines that such board has not adequately addressed the
complaint, they may present that complaint to the charter entity, which
shall investigate and respond. If, after presentation of the complaint
to the charter entity, the individual or group determines that the char-
ter entity has not adequately addressed the complaint, they may present
that complaint to the board of regents, which shall investigate and
respond. The charter entity and the board of regents shall have the
power and the duty to issue appropriate remedial orders to charter
schools under their jurisdiction to effectuate the provisions of this
section.
(B) AT THE BEGINNING OF EACH SCHOOL YEAR, A CHARTER SCHOOL SHALL
PROVIDE THE PARENT OR GUARDIAN OF EACH STUDENT ENROLLED IN THE CHARTER
SCHOOL INFORMATION DETAILING THE PROCESS BY WHICH A COMPLAINT CAN BE
BROUGHT AGAINST THE CHARTER SCHOOL PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION. IN ADDITION TO DETAILING THE PROCESS BY WHICH A COMPLAINT
CAN BE BROUGHT, THE INFORMATION PROVIDED SHALL INCLUDE, BUT NOT BE
LIMITED TO THE CONTACT INFORMATION FOR THE BOARD OF TRUSTEES OF THE
CHARTER SCHOOL IN WHICH THE STUDENT IS ENROLLED, THE CONTACT INFORMATION
FOR THE CHARTER ENTITY OF THE CHARTER SCHOOL, AND THE CONTACT INFORMA-
TION FOR THE BOARD OF REGENTS, IF THE BOARD OF REGENTS IS NOT THE CHAR-
TER ENTITY. SUCH INFORMATION SHALL ALSO BE POSTED AND UPDATED ANNUALLY
ON THE CHARTER SCHOOL'S WEBSITE.
§ 22. Subparagraph (i) of paragraph (a) of subdivision 1 of section
2856 of the education law, as amended by section 3 of part BB of chapter
56 of the laws of 2014, is amended to read as follows:
(i) for school years prior to the two thousand nine--two thousand ten
school year [and for school years following the two thousand sixteen--
two thousand seventeen school year], an amount equal to one hundred
percent of the amount calculated pursuant to paragraph f of subdivision
one of section thirty-six hundred two of this chapter for the school
district for the year prior to the base year increased by the percentage
change in the state total approved operating expense calculated pursuant
to paragraph t of subdivision one of section thirty-six hundred two of
this chapter from two years prior to the base year to the base year;
§ 23. Subparagraph (i) of paragraph (a) of subdivision 1 of section
2856 of the education law, as amended by section 4 of part BB of chapter
56 of the laws of 2014, is amended to read as follows:
(i) for school years prior to the two thousand nine--two thousand ten
school year [and for school years following the two thousand sixteen--
two thousand seventeen school year], an amount equal to one hundred
percent of the amount calculated pursuant to paragraph f of subdivision
one of section thirty-six hundred two of this chapter for the school
district for the year prior to the base year increased by the percentage
change in the state total approved operating expense calculated pursuant
to paragraph t of subdivision one of section thirty-six hundred two of
this chapter from two years prior to the base year to the base year;
A. 3006--B 67
§ 24. Paragraph (a) of subdivision 1 of section 2856 of the education
law is amended by adding a new subparagraph (v) to read as follows:
(V) FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
AND THEREAFTER, THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER OF
THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE CURRENT YEAR PURSUANT
TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE CHARTER
SCHOOL BASIC TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
§ 25. Subdivisions 2 and 3 of section 2856 of the education law are
renumbered subdivisions 3 and 4 and a new subdivision 2 is added to read
as follows:
2. IN THE EVENT THAT IN ANY SCHOOL YEAR A CHARTER SCHOOL RECEIVES
COMBINED PAYMENTS FROM ANY LOCAL, STATE, OR FEDERAL SOURCE THAT EXCEED
EXPENDITURES FOR SUCH SCHOOL YEAR RELATED TO THE OPERATION OF SUCH CHAR-
TER SCHOOL BY SEVEN PERCENT, THEN ANY EXCESS FUNDS ABOVE SUCH AMOUNT
SHALL BE RETURNED PROPORTIONATELY TO ALL SCHOOL DISTRICTS THAT HAVE PAID
TUITION TO SUCH CHARTER SCHOOL.
§ 26. Subdivision 3 of section 2856 of the education law, as added by
chapter 4 of the laws of 1998 and as renumbered by section twenty-five
of this act, is amended to read as follows:
3. (A) In the event of the failure of the school district to make
payments required by this section, the state comptroller shall deduct
from any state funds which become due to such school district an amount
equal to the unpaid obligation. The comptroller shall pay over such sum
to the charter school upon certification of the commissioner. The
commissioner shall promulgate regulations to implement the provisions of
this subdivision.
(B) AT LEAST THIRTY DAYS PRIOR TO SUBMISSION OF A REQUEST FOR AN
INTERCEPT OF STATE FUNDS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
THE CHARTER SCHOOL SHALL PROVIDE THE SCHOOL DISTRICT OF RESIDENCE WITH A
LIST OF STUDENTS WHOSE TUITION IS PROPOSED TO BE INCLUDED IN THE INTER-
CEPT AND DOCUMENTATION OF ANY SPECIAL EDUCATION SERVICES PROVIDED BY THE
CHARTER SCHOOL, THE COST OF WHICH WOULD BE INCLUDED IN THE INTERCEPT.
IF THE SCHOOL DISTRICT OBJECTS TO INCLUSION OF THE TUITION OR COST OF
SERVICES IN THE INTERCEPT, THE SCHOOL DISTRICT SHALL PROVIDE THE CHARTER
SCHOOL WITH A WRITTEN STATEMENT OF ITS REASONS FOR OBJECTING TO THE
INTERCEPT THAT IDENTIFIES THE STUDENTS WHOSE COSTS ARE IN DISPUTE AND
THE CHARTER SCHOOL SHALL SCHEDULE A RESOLUTION SESSION FOR THE PURPOSE
OF RESOLVING THE DISPUTE, WHICH SHALL BE HELD WITHIN FIVE BUSINESS DAYS
OF RECEIPT OF THE SCHOOL DISTRICT'S OBJECTION. EACH PARTY SHALL ENSURE
THAT THEIR REPRESENTATIVES WHO ATTEND THE RESOLUTION ARE FULLY AUTHOR-
IZED TO BIND THE SCHOOL DISTRICT OR CHARTER SCHOOL, AND ANY AGREEMENT
REACHED AT THE RESOLUTION SESSION SHALL BE FINAL AND BINDING UPON BOTH
PARTIES. IN THE EVENT THE SCHOOL DISTRICT DOES NOT NOTIFY THE CHARTER
SCHOOL OF ITS OBJECTIONS WITHIN TEN DAYS OF ITS RECEIPT OF THE LIST OF
STUDENTS OR FAILS TO PARTICIPATE IN A RESOLUTION SESSION, THE SCHOOL
DISTRICT SHALL BE DEEMED TO HAVE WAIVED ITS OBJECTIONS TO THE INTERCEPT
AND THE CHARTER SCHOOL SHALL NOT BE REQUIRED TO OFFER A RESOLUTION
SESSION. IF THE PARTIES ARE UNABLE TO REACH AGREEMENT AT A RESOLUTION
SESSION, THEY MAY AGREE TO SCHEDULE ADDITIONAL RESOLUTION SESSIONS OR,
IF ONE OF THE PARTIES INFORMS THE OTHER THAT AGREEMENT IS NOT POSSIBLE,
THE DISPUTE MAY BE RAISED BY THE DISTRICT AS A CHARTER SCHOOL COMPLAINT
PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-FIVE
OF THIS ARTICLE, OR, IF THE DISPUTE CONCERNS THE RESIDENCY OF A STUDENT,
AN APPEAL MAY BE BROUGHT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
A. 3006--B 68
THE DEPARTMENT SHALL NOT PROCESS AN INTERCEPT FOR TUITION OR THE COST OF
SERVICES OF A STUDENT WHOSE COSTS ARE IN DISPUTE UNTIL THE CHARTER
SCHOOL NOTIFIES THE DEPARTMENT THAT A RESOLUTION SESSION HAS BEEN HELD
AND NO AGREEMENT HAS BEEN REACHED, OR THAT NO RESOLUTION SESSION IS
REQUIRED BECAUSE THE SCHOOL DISTRICT FAILED TO PROVIDE TIMELY NOTICE OR
FAILED TO PARTICIPATE IN A SCHEDULED RESOLUTION SESSION.
(C) IN THE EVENT OF A DISPUTE OVER THE RESIDENCY OF A STUDENT, THE
SCHOOL DISTRICT SHALL MAKE ITS OWN RESIDENCY DETERMINATION PURSUANT TO
THE REGULATIONS OF THE COMMISSIONER AFTER CONSIDERING THE PROOF OF RESI-
DENCY SUBMITTED BY THE CHARTER SCHOOL, AND SUCH DETERMINATION MAY BE
APPEALED TO THE COMMISSIONER BY THE CHARTER SCHOOL OR BY THE PARENT OR
OTHER PERSON IN PARENTAL RELATION OR BOTH PURSUANT TO SECTION THREE
HUNDRED TEN OF THIS CHAPTER. DURING THE PENDENCY OF SUCH APPEAL, THE
STUDENT SHALL BE DEEMED ENROLLED IN THE SCHOOL DISTRICT, SHALL BE ENTI-
TLED TO SERVICES PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT
HUNDRED FIFTY-THREE OF THIS ARTICLE, AND THE SCHOOL DISTRICT SHALL BE
LIABLE FOR CHARTER SCHOOL TUITION, PROVIDED THAT UPON A FINAL DETERMI-
NATION IN SUCH APPEAL THAT THE STUDENT IS NOT A RESIDENT OF THE SCHOOL
DISTRICT, THE SCHOOL DISTRICT MAY DEDUCT THE COST OF SUCH TUITION AND
SERVICES FROM FUTURE PAYMENTS DUE THE CHARTER SCHOOL.
§ 27. Subdivision 2 of section 2857 of the education law, as amended
by chapter 101 of the laws of 2010, is amended and a new subdivision 2-a
is added to read as follows:
2. Each charter school shall submit to the charter entity and to the
board of regents an annual report. Such report shall be issued no later
than the first day of August of each year for the preceding school year
and shall be made publicly available by such date and shall be posted on
BOTH the charter school's [website] AND THE DEPARTMENT'S WEBSITES. The
annual report shall be in such form as shall be prescribed by the
commissioner and shall include at least the following components:
(a) a charter school report card, which shall include measures of the
comparative academic and fiscal performance of the school, as prescribed
by the commissioner in regulations adopted for such purpose. Such meas-
ures shall include, but not be limited to, graduation rates, dropout
rates, performance of students on standardized tests, college entry
rates, total spending per pupil and administrative spending per pupil.
Such measures shall be presented in a format that is easily comparable
to similar public schools. In addition, the charter school shall ensure
that such information is easily accessible to the community including
making it publicly available by transmitting it to local newspapers of
general circulation and making it available for distribution at board of
trustee meetings[.];
(b) discussion of the progress made towards achievement of the goals
set forth in the charter[.];
(c) a certified financial statement setting forth, by appropriate
categories, the revenues and expenditures for the preceding school year,
including a copy of the most recent independent fiscal audit of the
school and any audit conducted by the comptroller of the state of New
York[.];
(d) efforts taken by the charter school in the existing school year,
and a plan for efforts to be taken in the succeeding school year, to
meet or exceed THE enrollment [and retention targets set by the board of
regents or the board of trustees of the state university of New York, as
applicable, of students with disabilities, English language learners,
and students who are eligible applicants for the free and reduced price
lunch program established pursuant to paragraph (e) of subdivision four
A. 3006--B 69
of section twenty-eight hundred fifty-one of this article.] REQUIREMENTS
OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO
THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE;
(E) FOR ANY CHARTER SCHOOL THAT CONTRACTS WITH A MANAGEMENT COMPANY OR
ANY OTHER ENTITY THAT PROVIDES SERVICES TO THE CHARTER SCHOOL, A
DETAILED STATEMENT OF SERVICES PROVIDED TO THE CHARTER SCHOOL BY THE
MANAGEMENT COMPANY AND/OR ANY OTHER ENTITY AND THE AMOUNT THE CHARTER
SCHOOL PAYS FOR SUCH SERVICES. THE DEPARTMENT SHALL POST THE ANNUAL
REPORTS SUBMITTED BY CHARTER SCHOOLS ON THE DEPARTMENT'S WEBSITE; AND
(F) A NOTICE OF ANY RELATIONSHIP THAT MAY EXIST BETWEEN ANY MEMBER OF
A CHARTER SCHOOL'S BOARD OF TRUSTEES OR CHARTER SCHOOL STAFF AND ANY
FOR-PROFIT OR NOT-FOR-PROFIT CORPORATE OR OTHER BUSINESS ENTITY THAT IS
RESPONSIBLE FOR THE ADMINISTRATION, MANAGEMENT OR OPERATION OF SUCH
CHARTER SCHOOL OR RELATED VENDOR.
2-A. EACH CHARTER SCHOOL SHALL POST CONTACT INFORMATION FOR THE
SCHOOL'S BOARD OF TRUSTEES AS WELL AS THE NAME AND CONTACT INFORMATION
OF THE SCHOOL'S CHARTER ENTITY ON THE WEBSITE OF THE CHARTER SCHOOL.
§ 28. Subdivision 7 of section 179-q of the state finance law, as
added by chapter 166 of the laws of 1991, is amended to read as follows:
7. "Not-for-profit organization" or "organization" means a domestic
corporation incorporated pursuant to or otherwise subject to the not-
for-profit corporation law, a charitable organization registered with
the secretary of state, a special act corporation created pursuant to
chapter four hundred sixty-eight of the laws of eighteen hundred nine-
ty-nine, as amended, a special act corporation formed pursuant to chap-
ter two hundred fifty-six of the laws of nineteen hundred seventeen, as
amended, a corporation authorized pursuant to an act of congress
approved January fifth, nineteen hundred five, (33 stat. 599), as
amended, a corporation established by merger of charitable organizations
pursuant to an order of the supreme court, New York county dated July
twenty-first, nineteen hundred eighty-six and filed in the department of
state on July twenty-ninth, nineteen hundred eighty-six, or a corpo-
ration having tax exempt status under section 501(c)(3) of the United
States Internal revenue code, and shall further be deemed to mean and
include any federation of charitable organizations. PROVIDED, HOWEVER,
THAT A PUBLIC EDUCATIONAL ENTITY WITHIN THE MEANING OF SECTION SEVENTY-
ONE OF PART C OF CHAPTER FIFTY-SEVEN OF THE LAWS OF TWO THOUSAND FOUR
SHALL NOT BE DEEMED A "NOT-FOR-PROFIT ORGANIZATION" OR "ORGANIZATION"
FOR PURPOSES OF THIS ARTICLE.
§ 29. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 2856 of the education law
made by section twenty-two of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section twenty-three of this act shall take
effect; provided, however, that the amendments to paragraph (a) of
subdivision 1 of section 2856 of the education law made by section twen-
ty-four of this act shall survive the expiration and reversion of such
paragraph as provided in subdivision d of section 27 of chapter 378 of
the laws of 2007, as amended.
PART B
Intentionally Omitted
PART C
A. 3006--B 70
Section 1. Section 3209 of the education law, as amended by chapter
569 of the laws of 1994, paragraphs a and a-1 of subdivision 1 as
amended and subdivision 2-a as added by chapter 101 of the laws of 2003,
paragraph b of subdivision 3 as amended by section 28 of part B of chap-
ter 57 of the laws of 2007, is amended to read as follows:
§ 3209. Education of homeless children. 1. Definitions.
a. Homeless child. For the purposes of this article, the term "home-
less child" shall mean:
(1) a child or youth who lacks a fixed, regular, and adequate night-
time residence, including a child or youth who is:
(i) sharing the housing of other persons due to a loss of housing,
economic hardship or a similar reason;
(ii) living in motels, hotels, trailer parks or camping grounds due to
the lack of alternative adequate accommodations;
(iii) abandoned in hospitals; OR
(iv) [awaiting foster care placement; or
(v)] a migratory child, as defined in subsection two of section thir-
teen hundred nine of the Elementary and Secondary Education Act of 1965,
as amended BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, who qualifies as
homeless under any of the provisions of clauses (i) through [(iv)] (III)
of this subparagraph or subparagraph two of this paragraph; [or]
(V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED TWEN-
TY-FIVE OF SUBTITLE B OF TITLE VII OF THE MCKINNEY-VENTO HOMELESS
ASSISTANCE ACT; OR
(2) a child or youth who has a primary nighttime location that is:
(i) a supervised publicly or privately operated shelter designed to
provide temporary living accommodations including, but not limited to,
shelters operated or approved by the state or local department of social
services, and residential programs for runaway and homeless youth estab-
lished pursuant to article nineteen-H of the executive law; or
(ii) a public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings, including a child
or youth who is living in a car, park, public space, abandoned building,
substandard housing, bus or train stations or similar setting.
a-1. Exception. For the purposes of this article the term "homeless
child" shall not include a child in a foster care placement or receiving
educational services pursuant to subdivision four, five, six, six-a or
seven of section thirty-two hundred two of this [article] PART or pursu-
ant to article eighty-one, eighty-five, eighty-seven or eighty-eight of
this chapter.
b. Designator. The term "designator" shall mean:
(1) the parent or the person in parental relation to a homeless child;
or
(2) the homeless child, if no parent or person in parental relation is
available; or
(3) the director of a residential program for runaway and homeless
youth established pursuant to article nineteen-H of the executive law,
in consultation with the homeless child, where such homeless child is
living in such program.
c. School district of origin. The term "school district of origin"
shall mean the school district within the state of New York in which the
homeless child was attending a public school OR PRESCHOOL on a tuition-
free basis or was entitled to attend when circumstances arose which
caused such child to become homeless, which is different from the school
district of current location. [Whenever the school district of origin is
designated pursuant to subdivision two of this section, the child shall
A. 3006--B 71
be entitled to return to the school building where previously enrolled.]
SCHOOL DISTRICT OF ORIGIN SHALL ALSO MEAN THE SCHOOL DISTRICT IN THE
STATE OF NEW YORK IN WHICH THE CHILD WAS RESIDING WHEN CIRCUMSTANCES
AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS IF SUCH CHILD WAS
ELIGIBLE TO APPLY, REGISTER, OR ENROLL IN PUBLIC PRESCHOOL OR KINDERGAR-
TEN AT THE TIME SUCH CHILD BECAME HOMELESS, OR THE HOMELESS CHILD HAS A
SIBLING WHO ATTENDS A SCHOOL IN THE SCHOOL DISTRICT IN WHICH THE CHILD
WAS RESIDING WHEN CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME
HOMELESS.
d. School district of current location. The term "school district of
current location" shall mean the public school district within the state
of New York in which the hotel, motel, shelter or other temporary hous-
ing arrangement of a homeless child, or the residential program for
runaway and homeless youth, is located, which is different from the
school district of origin. [Whenever the school district of current
location is designated pursuant to subdivision two of this section, the
child shall be entitled to attend the school that is zoned for his or
her temporary location or any school that nonhomeless students who live
in the same attendance zone in which the homeless child or youth is
temporarily residing are entitled to attend.]
e. Regional placement plan. The term "regional placement plan" shall
mean a comprehensive regional approach to the provision of educational
placements for homeless children which has been approved by the commis-
sioner.
F. FEEDER SCHOOL. THE TERM "FEEDER SCHOOL" SHALL MEAN:
(1) A PRESCHOOL WHOSE STUDENTS ARE ENTITLED TO ATTEND A SPECIFIED
ELEMENTARY SCHOOL OR GROUP OF ELEMENTARY SCHOOLS UPON COMPLETION OF THAT
PRESCHOOL;
(2) A SCHOOL WHOSE STUDENTS ARE ENTITLED TO ATTEND A SPECIFIED ELEMEN-
TARY, MIDDLE, INTERMEDIATE, OR HIGH SCHOOL OR GROUP OF SPECIFIED ELEMEN-
TARY, MIDDLE, INTERMEDIATE, OR HIGH SCHOOLS UPON COMPLETION OF THE
TERMINAL GRADE OF SUCH SCHOOL; OR
(3) A SCHOOL THAT SENDS ITS STUDENTS TO A RECEIVING SCHOOL IN A NEIGH-
BORING SCHOOL DISTRICT PURSUANT TO SECTION TWO THOUSAND FORTY OF THIS
CHAPTER.
G. PRESCHOOL. THE TERM "PRESCHOOL" SHALL MEAN A PUBLICLY FUNDED PREK-
INDERGARTEN PROGRAM ADMINISTERED BY THE DEPARTMENT OR A LOCAL EDUCA-
TIONAL AGENCY OR A HEAD START PROGRAM ADMINISTERED BY A LOCAL EDUCA-
TIONAL AGENCY AND/OR SERVICES UNDER THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT ADMINISTERED BY A LOCAL EDUCATIONAL AGENCY.
H. RECEIVING SCHOOL. THE TERM "RECEIVING SCHOOL" SHALL MEAN:
(1) A SCHOOL THAT ENROLLS STUDENTS FROM A SPECIFIED OR GROUP OF
PRESCHOOLS, ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, INTERMEDIATE SCHOOLS, OR
HIGH SCHOOLS; OR
(2) A SCHOOL THAT ENROLLS STUDENTS FROM A FEEDER SCHOOL IN A NEIGHBOR-
ING LOCAL EDUCATIONAL AGENCY PURSUANT TO SECTION TWO THOUSAND FORTY OF
THIS CHAPTER.
I. SCHOOL OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN A PUBLIC
SCHOOL THAT A CHILD OR YOUTH ATTENDED WHEN PERMANENTLY HOUSED, OR THE
SCHOOL IN WHICH THE CHILD OR YOUTH WAS LAST ENROLLED, INCLUDING A
PRESCHOOL OR A CHARTER SCHOOL. PROVIDED THAT, FOR A HOMELESS CHILD OR
YOUTH WHO COMPLETES THE FINAL GRADE LEVEL SERVED BY THE SCHOOL OF
ORIGIN, THE TERM "SCHOOL OF ORIGIN" SHALL INCLUDE THE DESIGNATED RECEIV-
ING SCHOOL AT THE NEXT GRADE LEVEL FOR ALL FEEDER SCHOOLS. WHERE THE
CHILD IS ELIGIBLE TO ATTEND SCHOOL IN THE SCHOOL DISTRICT OF ORIGIN
BECAUSE THE CHILD BECOMES HOMELESS AFTER SUCH CHILD IS ELIGIBLE TO
A. 3006--B 72
APPLY, REGISTER, OR ENROLL IN THE PUBLIC PRESCHOOL OR KINDERGARTEN OR
THE CHILD IS LIVING WITH A SCHOOL-AGE SIBLING WHO ATTENDS SCHOOL IN THE
SCHOOL DISTRICT OF ORIGIN, THE SCHOOL OF ORIGIN SHALL INCLUDE ANY PUBLIC
SCHOOL OR PRESCHOOL IN WHICH SUCH CHILD WOULD HAVE BEEN ENTITLED OR
ELIGIBLE TO ATTEND BASED ON SUCH CHILD'S LAST RESIDENCE BEFORE THE
CIRCUMSTANCES AROSE WHICH CAUSED SUCH CHILD TO BECOME HOMELESS.
2. Choice of district AND SCHOOL.
a. The designator shall have the right to designate one of the follow-
ing as the school district within which the homeless child shall be
entitled to attend upon instruction:
(1) the school district of current location;
(2) the school district of origin; or
(3) a school district participating in a regional placement plan.
b. THE DESIGNATOR SHALL ALSO HAVE THE RIGHT TO DESIGNATE ONE OF THE
FOLLOWING AS THE SCHOOL WHERE A HOMELESS CHILD SEEKS TO ATTEND FOR
INSTRUCTION:
(1) THE SCHOOL OF ORIGIN; OR
(2) ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE
ATTENDANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE
ELIGIBLE TO ATTEND, INCLUDING A PRESCHOOL.
C. (1) Notwithstanding any other provision of law to the contrary,
where the public school district in which a homeless child is temporar-
ily housed is the [same school district the child was attending on a
tuition-free basis or was entitled to attend when circumstances arose
which caused the child to become homeless] SCHOOL DISTRICT OF ORIGIN,
the homeless child shall be entitled to attend the schools of such
district without the payment of tuition in accordance with subdivision
one of section thirty-two hundred two of this article FOR THE DURATION
OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH
CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE ADDITIONAL YEAR IF THAT
YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING. [Such
child may choose to remain in the public school building they previously
attended until the end of the school year and for one additional year if
that year constitutes the child's terminal year in such building in lieu
of the school serving the attendance zone in which the temporary housing
facility is located.]
(2) Notwithstanding any other provision of law to the contrary, where
the [public] school [or school district] DISTRICT OF ORIGIN OR SCHOOL OF
ORIGIN THAT a homeless child was attending on a tuition-free basis or
was entitled to attend when circumstances arose which caused the child
to become homeless is located [outside the state] IN NEW YORK STATE AND
THE HOMELESS CHILD'S TEMPORARY HOUSING ARRANGEMENT IS LOCATED IN A
CONTIGUOUS STATE, the homeless child shall be [deemed a resident of the
school district in which the hotel, motel, shelter or other temporary
housing arrangement of the child is currently located and shall be]
entitled to [attend the schools of such district without payment of
tuition in accordance with subdivision one of section thirty-two hundred
two of this article. Such district of residence shall not be considered
a school district of origin or a school district of current location for
purposes of this section] ATTEND THE SCHOOL OF ORIGIN OR ANY SCHOOL THAT
NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTENDANCE AREA IN WHICH
THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO ATTEND, INCLUDING
A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION PURSUANT TO
SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVISION, FOR THE DURATION
OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH
A. 3006--B 73
CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE ADDITIONAL YEAR IF THAT
YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
THE CHILD'S TEMPORARY HOUSING ARRANGEMENT IS LOCATED IN NEW YORK STATE,
THE HOMELESS CHILD SHALL BE ENTITLED TO ATTEND THE SCHOOL OF ORIGIN OR
ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTEND-
ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
ATTEND, INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION
PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVISION, FOR
THE DURATION OF THE HOMELESSNESS AND UNTIL THE END OF THE SCHOOL YEAR IN
WHICH SUCH CHILD BECOMES PERMANENTLY HOUSED AND FOR ONE ADDITIONAL YEAR
IF THAT YEAR CONSTITUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
[c.] D. Notwithstanding the provisions of paragraph a of this subdivi-
sion, a homeless child who has designated the school district of current
location as the district of attendance and who has relocated to another
temporary housing arrangement outside of such district, or to a differ-
ent attendance zone or community school district within such district,
shall be entitled to continue [the prior designation to enable the
student to remain] TO ATTEND in the same school building OR DESIGNATE
ANY SCHOOL THAT NONHOMELESS CHILDREN AND YOUTH WHO LIVE IN THE ATTEND-
ANCE AREA IN WHICH THE CHILD OR YOUTH IS ACTUALLY LIVING ARE ELIGIBLE TO
ATTEND, INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION
IN ACCORDANCE WITH SUBPARAGRAPH THREE OF PARAGRAPH F OF THIS SUBDIVI-
SION, FOR THE DURATION OF THE HOMELESSNESS AND until the end of the
school year IN WHICH THE CHILD BECOMES PERMANENTLY HOUSED and for one
additional year if that year constitutes the child's terminal year in
such building.
[d.] E. Such designation shall be made on forms specified by the
commissioner, and shall include the name of the child, the name of the
parent or person in parental relation to the child, the name and
location of the temporary housing arrangement, the name of the school
district of origin, the name of the school district where the child's
records are located, the complete address where the family was located
at the time circumstances arose which caused such child to become home-
less and any other information required by the commissioner. All school
districts, temporary housing facilities operated or approved by a local
social services district, and residential facilities for runaway and
homeless youth shall make such forms available AND SHALL ENSURE THAT THE
COMPLETED DESIGNATION FORMS ARE GIVEN TO THE LOCAL EDUCATIONAL AGENCY
LIAISON FOR THE LOCAL EDUCATIONAL AGENCY IN WHICH THE DESIGNATED SCHOOL
IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE COMMISSIONER IN REGULATIONS.
Where the homeless child is located in a temporary housing facility
operated or approved by a local social services district, or a residen-
tial facility for runaway and homeless youth, the director of the facil-
ity or a person designated by the social services district, shall, with-
in two business days, assist the designator in completing the
designation forms and enrolling the homeless child in the designated
school district AND SHALL FORWARD THE COMPLETED DESIGNATION FORM TO THE
LOCAL EDUCATIONAL AGENCY LIAISON FOR THE LOCAL EDUCATIONAL AGENCY IN
WHICH THE DESIGNATED SCHOOL IS LOCATED IN A TIMEFRAME PRESCRIBED BY THE
COMMISSIONER IN REGULATIONS.
[e.] F. Upon receipt of the designation form, the designated school
district shall immediately:
(1) REVIEW THE DESIGNATION FORM TO ENSURE THAT IT HAS BEEN COMPLETED;
(2) admit the homeless child EVEN IF THE CHILD OR YOUTH IS UNABLE TO
PRODUCE RECORDS NORMALLY A REQUIREMENT FOR ENROLLMENT, SUCH AS PREVIOUS
A. 3006--B 74
ACADEMIC RECORDS, RECORDS OF IMMUNIZATION AND/OR OTHER REQUIRED HEALTH
RECORDS, PROOF OF RESIDENCY OR OTHER DOCUMENTATION AND/OR EVEN IF THE
CHILD HAS MISSED APPLICATION OR ENROLLMENT DEADLINES DURING ANY PERIOD
OF HOMELESSNESS, IF APPLICABLE. PROVIDED THAT NOTHING HEREIN SHALL BE
CONSTRUED TO REQUIRE THE IMMEDIATE ATTENDANCE OF AN ENROLLED STUDENT
LAWFULLY EXCLUDED FROM SCHOOL TEMPORARILY PURSUANT TO SECTION NINE
HUNDRED SIX OF THIS CHAPTER BECAUSE OF A COMMUNICABLE OR INFECTIOUS
DISEASE THAT IMPOSES A SIGNIFICANT RISK OF INFECTION OF OTHERS;
[(2)] (3) DETERMINE WHETHER THE DESIGNATION MADE BY THE DESIGNATOR IS
CONSISTENT WITH THE BEST INTERESTS OF THE HOMELESS CHILD OR YOUTH. IN
DETERMINING A HOMELESS CHILD'S BEST INTEREST, A LOCAL EDUCATIONAL AGENCY
SHALL:
(I) PRESUME THAT KEEPING THE HOMELESS CHILD OR YOUTH IN THE SCHOOL OF
ORIGIN IS IN THE CHILD'S OR YOUTH'S BEST INTEREST, EXCEPT WHEN DOING SO
IS CONTRARY TO THE REQUEST OF THE CHILD'S PARENT OR GUARDIAN, OR IN THE
CASE OF AN UNACCOMPANIED YOUTH, THE YOUTH;
(II) CONSIDER STUDENT-CENTERED FACTORS, INCLUDING BUT NOT LIMITED TO
FACTORS RELATED TO THE IMPACT OF MOBILITY ON ACHIEVEMENT, EDUCATION, THE
HEALTH AND SAFETY OF THE HOMELESS CHILD, GIVING PRIORITY TO THE REQUEST
OF THE CHILD'S OR YOUTH'S PARENT OR GUARDIAN OR THE YOUTH IN THE CASE OF
AN UNACCOMPANIED YOUTH;
(III) IF AFTER CONSIDERING STUDENT-CENTERED FACTORS AND CONDUCTING A
BEST INTEREST SCHOOL PLACEMENT DETERMINATION, THE LOCAL EDUCATIONAL
AGENCY DETERMINES THAT IT IS NOT IN THE HOMELESS CHILD'S BEST INTEREST
TO ATTEND THE SCHOOL OF ORIGIN OR THE SCHOOL DESIGNATED BY THE DESIGNA-
TOR, THE LOCAL EDUCATIONAL AGENCY MUST PROVIDE A WRITTEN EXPLANATION OF
THE REASONS FOR ITS DETERMINATION, IN A MANNER AND FORM UNDERSTANDABLE
TO SUCH PARENT, GUARDIAN, OR UNACCOMPANIED YOUTH. THE INFORMATION MUST
ALSO INCLUDE INFORMATION REGARDING THE RIGHT TO A TIMELY APPEAL IN
ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE HOMELESS CHILD OR
YOUTH MUST BE ENROLLED IN THE SCHOOL IN WHICH ENROLLMENT IS SOUGHT BY
THE DESIGNATOR DURING THE PENDENCY OF ALL AVAILABLE APPEALS;
(4) treat the homeless child as a resident for all purposes;
[(3)] (5) make a written request to the school district where the
child's records are located for a copy of such records; and
[(4)] (6) forward the designation form to the [commissioner, and the]
school district of origin where applicable.
[f.] G. Within five days of receipt of a request for records pursuant
to subparagraph [three] FIVE of paragraph [e] F of this subdivision, the
school district shall forward, in a manner consistent with state and
federal law, a complete copy of the homeless child's records including,
but not limited to, proof of age, academic records, evaluations, immuni-
zation records, and guardianship papers, if applicable.
[g.] H. WHERE THE SCHOOL OF ORIGIN IS A CHARTER SCHOOL, THE SCHOOL
DISTRICT DESIGNATED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED TO BE
THE SCHOOL DISTRICT OF RESIDENCE OF SUCH CHILD FOR PURPOSES OF FISCAL
AND PROGRAMMATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS CHAPTER
AND SHALL BE RESPONSIBLE FOR TRANSPORTATION OF THE HOMELESS CHILD IF A
SOCIAL SERVICES DISTRICT IS NOT OTHERWISE RESPONSIBLE PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION.
I. The commissioner shall promulgate regulations setting forth the
circumstances pursuant to which a change in designation may be made and
establishing a procedure for the identification of the school district
of origin.
2-a. Notwithstanding any other provision of law to the contrary, each
local educational agency, as such term is defined in subsection twenty-
A. 3006--B 75
six of section ninety-one hundred one of the Elementary and Secondary
Education Act of 1965, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF
2015, shall designate a local educational agency liaison for homeless
children and youths and shall, consistent with the provisions of this
section, otherwise comply with the applicable requirements of paragraphs
three through seven of subsection (g) of section seven hundred twenty-
two of subtitle B of title VII of the McKinney-Vento Assistance Act.
3. Reimbursement.
a. Where either the school district of current location or a school
district participating in a regional placement plan is designated as the
district in which the homeless child shall attend upon instruction and
such homeless child's school district of origin is within New York
state, the school district providing instruction, INCLUDING PRESCHOOL
INSTRUCTION, shall be eligible for reimbursement by the department, as
approved by the commissioner, for the direct cost of educational
services, not otherwise reimbursed under special federal programs,
calculated pursuant to regulations of the commissioner for the period of
time for which such services are provided. The claim for such reimburse-
ment shall be in a form prescribed by the commissioner. The educational
costs for such children shall not be otherwise aidable or reimbursable.
b. The school district of origin shall reimburse the department for
its expenditure for educational services on behalf of a homeless child
pursuant to paragraph a of this subdivision in an amount equal to the
school district basic contribution, as such term is defined in subdivi-
sion eight of section forty-four hundred one of this chapter, pro-rated
for the period of time for which such services were provided in the base
year by a school district other than the school district of origin. Upon
certification by the commissioner, the comptroller shall deduct from any
state funds which become due to the school district of origin an amount
equal to the reimbursement required to be made by such school district
in accordance with this paragraph, and the amount so deducted shall not
be included in the operating expense of such district for the purpose of
computing the approved operating expense pursuant to paragraph t of
subdivision one of section thirty-six hundred two of this chapter.
4. Transportation.
a. A social services district shall provide for the transportation of
each homeless child, INCLUDING THOSE IN PRESCHOOL AND STUDENTS WITH
DISABILITIES IDENTIFIED PURSUANT TO SECTIONS FORTY-FOUR HUNDRED ONE AND
FORTY-FOUR HUNDRED TWO OF THIS CHAPTER WHOSE INDIVIDUALIZED EDUCATION
PROGRAMS INCLUDE SPECIAL TRANSPORTATION SERVICES, who is eligible for
benefits pursuant to section three hundred fifty-j of the social
services law, to and from a temporary housing location in which the
child was placed by the social services district and the school attended
by such child pursuant to this section, if such temporary housing facil-
ity is located outside of the designated school district pursuant to
paragraph a of subdivision two of this section. A social services
district shall be authorized to contract with a board of education or a
board of cooperative educational services for the provision of such
transportation. WHERE THE SOCIAL SERVICES DISTRICT REQUESTS THAT THE
DESIGNATED SCHOOL DISTRICT OF ATTENDANCE PROVIDE OR ARRANGE FOR TRANS-
PORTATION FOR A HOMELESS CHILD ELIGIBLE FOR TRANSPORTATION PURSUANT TO
THIS PARAGRAPH, THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE SHALL
PROVIDE OR ARRANGE FOR THE TRANSPORTATION AND THE SOCIAL SERVICES
DISTRICT SHALL FULLY AND PROMPTLY REIMBURSE THE DESIGNATED SCHOOL
DISTRICT OF ATTENDANCE FOR THE COST AS DETERMINED BY THE DESIGNATED
SCHOOL DISTRICT. This paragraph shall apply to placements made by a
A. 3006--B 76
social services district without regard to whether a payment is made by
the district to the operator of the temporary housing facility.
b. [The division for youth, to the extent funds are provided for such
purpose, as determined by the director of the budget,] THE DESIGNATED
SCHOOL DISTRICT OF ATTENDANCE shall provide for the transportation of
each homeless child who is living in a residential program for runaway
and homeless youth established pursuant to article nineteen-H of the
executive law, to and from such residential program, and the school
attended by such child pursuant to this section, if such temporary hous-
ing location is located outside the designated school district. The
[division for youth or the director of a residential program for runaway
and homeless youth] DESIGNATED DISTRICT OF ATTENDANCE shall be author-
ized to contract with [a school district or] a board of cooperative
educational services OR A RESIDENTIAL PROGRAM FOR RUNAWAY AND HOMELESS
YOUTH for the provision of such transportation. THE DEPARTMENT SHALL
REIMBURSE THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE FOR THE COST OF
TRANSPORTING SUCH CHILD TO AND FROM THE RESIDENTIAL PROGRAM AND THE
SCHOOL ATTENDED BY SUCH CHILD TO THE EXTENT FUNDS ARE PROVIDED FOR SUCH
PURPOSE, AS DETERMINED BY THE DIRECTOR OF THE BUDGET.
c. Notwithstanding any other provision of law, any homeless child not
entitled to receive transportation pursuant to [paragraph] PARAGRAPHS a
AND B of this subdivision who requires transportation in order to attend
a school [district] OF ORIGIN designated pursuant to [paragraph a of]
subdivision two of this section [outside of the district in which such
child is housed], shall be entitled to receive such transportation
pursuant to this paragraph. [If the] THE designated [school district
pursuant to paragraph a of subdivision two of this section is the school
district of origin or a school district participating in a regional
placement plan, such] school district OF ATTENDANCE shall provide trans-
portation to and from the child's temporary housing location and the
school [the child legally attends] OF ORIGIN. Such transportation shall
not be in excess of fifty miles each way except where the commissioner
certifies that transportation in excess of fifty miles is in the best
interest of the child. Any cost incurred for such transportation that is
allowable pursuant to the applicable provision of parts two and three of
article seventy-three of this chapter or herein, shall be aidable pursu-
ant to subdivision seven of section thirty-six hundred two of this chap-
ter, provided that the approved transportation expense shall not exceed
an amount determined by the commissioner to be the total cost for
providing the most cost-effective mode of such transportation in a
manner consistent with commissioner's regulations. The commissioner
shall promulgate regulations setting forth the circumstances pursuant to
which parent accompaniment for transportation may be reimbursable,
including but not limited to: the age of the child; the distance of the
transportation; the cost-effectiveness of the transportation; and wheth-
er the child has a handicapping condition.
d. Notwithstanding any other provision of law, where a homeless child
designates the school district of current location as the district the
child will attend AND SUCH CHILD DOES NOT ATTEND THE SCHOOL OF ORIGIN,
such school district shall provide transportation to such child on the
same basis as a resident student.
e. [Notwithstanding any other provision of law, if a homeless child
chooses to remain in the public school building the child previously
attended pursuant to subparagraph one of paragraph b of subdivision two
of this section or paragraph c of subdivision two of this section the
school district shall provide transportation to and from the child's
A. 3006--B 77
temporary housing location and the school the child legally attends if
such temporary housing is located in a different attendance zone or
community school district within such district. The cost of such trans-
portation shall be reimbursed in accordance with the provisions of para-
graph c of this subdivision.] WHERE THE DESIGNATED SCHOOL DISTRICT OF
ATTENDANCE HAS RECOMMENDED THAT THE HOMELESS CHILD ATTEND A SUMMER
EDUCATIONAL PROGRAM AND THE LACK OF TRANSPORTATION POSES A BARRIER TO
SUCH CHILD'S PARTICIPATION IN THE SUMMER EDUCATIONAL PROGRAM, THE DESIG-
NATED SCHOOL DISTRICT OF ATTENDANCE SHALL PROVIDE TRANSPORTATION.
F. THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE, OR THE SOCIAL
SERVICES DISTRICT IF SUCH CHILD IS ELIGIBLE FOR TRANSPORTATION FROM THE
SOCIAL SERVICES DISTRICT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
SHALL PROVIDE OR ARRANGE FOR TRANSPORTATION TO EXTRACURRICULAR OR
ACADEMIC ACTIVITIES WHERE:
(1) THE HOMELESS CHILD PARTICIPATES IN OR WOULD LIKE TO PARTICIPATE IN
AN EXTRACURRICULAR OR ACADEMIC ACTIVITY, INCLUDING AN AFTER-SCHOOL
ACTIVITY, AT THE SCHOOL;
(2) THE HOMELESS CHILD MEETS THE RELEVANT ELIGIBILITY CRITERIA FOR THE
ACTIVITY; AND
(3) THE LACK OF TRANSPORTATION POSES A BARRIER TO SUCH CHILD'S PARTIC-
IPATION IN THE ACTIVITY.
G. WHERE THE HOMELESS CHILD IS TEMPORARILY LIVING IN A CONTIGUOUS
STATE AND HAS DESIGNATED A SCHOOL OF ORIGIN LOCATED IN THE STATE OF NEW
YORK, THE DESIGNATED SCHOOL DISTRICT IN NEW YORK STATE SHALL COLLABORATE
WITH THE LOCAL EDUCATIONAL AGENCY IN WHICH SUCH CHILD IS TEMPORARILY
LIVING TO ARRANGE FOR TRANSPORTATION IN ACCORDANCE WITH SECTION
722(G)(1)(J)(III)(II) OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
H. WHERE THE HOMELESS CHILD IS TEMPORARILY LIVING IN NEW YORK STATE
AND CONTINUES TO ATTEND A SCHOOL OF ORIGIN LOCATED IN A CONTIGUOUS
STATE, THE SCHOOL DISTRICT OF CURRENT LOCATION SHALL COORDINATE WITH THE
LOCAL EDUCATIONAL AGENCY WHERE SUCH CHILD IS ATTENDING SCHOOL TO ARRANGE
FOR TRANSPORTATION IN ACCORDANCE WITH SECTION 722(G)(1)(J)(III)(II) OF
THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
I. TRANSPORTATION AS DESCRIBED IN THIS SUBDIVISION MUST BE PROVIDED TO
THE HOMELESS CHILD BY THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE OR
THE SOCIAL SERVICES DISTRICT FOR THE DURATION OF HOMELESSNESS. THE
DESIGNATED DISTRICT OF ATTENDANCE MUST TRANSPORT THE CHILD FOR THE
REMAINDER OF THE SCHOOL YEAR IN WHICH THE CHILD BECOMES PERMANENTLY
HOUSED AND ONE ADDITIONAL YEAR IF THAT YEAR CONSTITUTES THE CHILD'S
TERMINAL YEAR IN THE DESIGNATED SCHOOL. SUCH TRANSPORTATION SHALL NOT BE
IN EXCESS OF FIFTY MILES EACH WAY EXCEPT WHERE THE COMMISSIONER CERTI-
FIES THAT TRANSPORTATION IN EXCESS OF FIFTY MILES IS IN THE BEST INTER-
EST OF THE CHILD. THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE SHALL BE
ENTITLED TO REIMBURSEMENT FROM THE CURRENT SCHOOL DISTRICT IN WHICH THE
CHILD BECOMES PERMANENTLY HOUSED FOR ANY COST INCURRED FOR TRANSPORTA-
TION FOR THE REMAINDER OF THE SCHOOL YEAR AFTER THE CHILD BECOMES PERMA-
NENTLY HOUSED AND ONE ADDITIONAL YEAR IF THAT YEAR CONSTITUTES THE
CHILD'S TERMINAL YEAR IN THE DESIGNATED SCHOOL.
5. EACH SCHOOL DISTRICT SHALL:
A. ESTABLISH PROCEDURES, IN ACCORDANCE WITH 42 U.S.C. SECTION
11432(G)(3)(E), FOR THE PROMPT RESOLUTION OF DISPUTES REGARDING SCHOOL
SELECTION OR ENROLLMENT OF A HOMELESS CHILD OR YOUTH, INCLUDING, BUT NOT
LIMITED TO, DISPUTES REGARDING TRANSPORTATION AND/OR A CHILD'S OR
YOUTH'S STATUS AS A HOMELESS CHILD OR UNACCOMPANIED YOUTH;
B. PROVIDE A WRITTEN EXPLANATION, INCLUDING A STATEMENT REGARDING THE
RIGHT TO APPEAL PURSUANT TO 42 U.S.C. SECTION 11432(G)(3)(E)(II), THE
A. 3006--B 78
NAME, POST OFFICE ADDRESS AND TELEPHONE NUMBER OF THE LOCAL EDUCATIONAL
AGENCY LIAISON AND THE FORM PETITION FOR COMMENCING AN APPEAL TO THE
COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER OF A
FINAL DETERMINATION REGARDING ENROLLMENT, SCHOOL SELECTION AND/OR TRANS-
PORTATION, TO THE HOMELESS CHILD'S OR YOUTH'S PARENT OR GUARDIAN, IF THE
SCHOOL DISTRICT DECLINES TO EITHER ENROLL AND/OR TRANSPORT SUCH CHILD OR
YOUTH TO THE SCHOOL OF ORIGIN OR A SCHOOL REQUESTED BY THE PARENT OR
GUARDIAN; AND
C. SHALL IMMEDIATELY ENROLL THE CHILD OR YOUTH IN THE SCHOOL IN WHICH
ENROLLMENT IS SOUGHT PENDING FINAL RESOLUTION OF THE DISPUTE OVER THE
SCHOOL DISTRICT'S FINAL DETERMINATION OF THE CHILD'S OR YOUTH'S HOMELESS
STATUS, INCLUDING ALL AVAILABLE APPEALS WITHIN THE LOCAL EDUCATIONAL
AGENCY AND THE COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION THREE
HUNDRED TEN OF THIS CHAPTER.
6. a. By January thirty-first, nineteen hundred ninety-five, the
commissioner, the commissioner of [social services, and the director of
the division for youth] THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
shall develop a plan to ensure coordination and access to education for
homeless children and shall annually review such plan.
b. The commissioner shall periodically monitor local school districts
to ensure their compliance with the provisions of this article, and that
such districts review and revise any local regulations, policies, or
practices that may act as barriers to the enrollment or attendance of
homeless children in school or their receipt of comparable services as
defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
c. School districts shall periodically report such information to the
commissioner as he or she may require to carry out the purposes of this
section.
[6.] 7. Public welfare officials, except as otherwise provided by law,
shall furnish indigent children with suitable clothing, shoes, books,
food, transportation and other necessaries to enable them to attend upon
instruction as required by law. Upon demonstration of need, such neces-
saries shall also include transportation of indigent children for the
purposes of evaluations pursuant to section forty-four hundred ten of
this chapter and title II-A of article twenty-five of the public health
law.
[7.] 8. INFORMATION ABOUT A HOMELESS CHILD'S OR YOUTH'S LIVING SITU-
ATION SHALL BE TREATED AS A STUDENT EDUCATIONAL RECORD, AND SHALL NOT BE
DEEMED TO BE DIRECTORY INFORMATION, UNDER THE MCKINNEY-VENTO HOMELESS
ASSISTANCE ACT, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015.
9. EACH HOMELESS CHILD TO BE ASSISTED UNDER THIS SECTION SHALL BE
PROVIDED SERVICES COMPARABLE TO SERVICES OFFERED TO OTHER STUDENTS IN
THE SCHOOL SELECTED UNDER THIS SECTION, INCLUDING THE FOLLOWING: TRANS-
PORTATION SERVICES; EDUCATIONAL SERVICES FOR WHICH THE CHILD OR YOUTH
MEETS THE ELIGIBILITY CRITERIA, SUCH AS SERVICES PROVIDED UNDER TITLE I
OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 OR SIMILAR STATE
OR LOCAL PROGRAMS; EDUCATIONAL PROGRAMS FOR CHILDREN WITH DISABILITIES;
EDUCATIONAL PROGRAMS FOR ENGLISH LEARNERS; PROGRAMS IN CAREER AND TECH-
NICAL EDUCATION; PROGRAMS FOR GIFTED AND TALENTED STUDENTS; AND SCHOOL
NUTRITION PROGRAMS.
10. The commissioner may promulgate regulations to carry out the
purposes of this section.
§ 2. Paragraph a of subdivision 1 of section 3209 of the education
law, as added by chapter 569 of the laws of 1994, is amended to read as
follows:
A. 3006--B 79
a. Homeless child. For the purposes of this article, the term "home-
less child" shall mean:
(1) a child who lacks a fixed, regular, and adequate nighttime resi-
dence, INCLUDING A CHILD OR YOUTH WHO IS:
(I) SHARING THE HOUSING OF OTHER PERSONS DUE TO A LOSS OF HOUSING,
ECONOMIC HARDSHIP OR A SIMILAR REASON;
(II) LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE TO
THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS;
(III) ABANDONED IN HOSPITALS;
(IV) A MIGRATORY CHILD, AS DEFINED IN SUBSECTION TWO OF SECTION THIR-
TEEN HUNDRED NINE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965,
AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF 2015, WHO QUALIFIES AS
HOMELESS UNDER ANY OF THE PROVISIONS OF CLAUSES (I) THROUGH (III) OF
THIS SUBPARAGRAPH OR SUBPARAGRAPH TWO OF THIS PARAGRAPH; OR
(V) AN UNACCOMPANIED YOUTH, AS DEFINED IN SECTION SEVEN HUNDRED TWEN-
TY-FIVE OF SUBTITLE B OF TITLE VII OF THE MCKINNEY-VENTO HOMELESS
ASSISTANCE ACT; or
(2) a child who has a primary nighttime location that is:
(i) a supervised publicly or privately operated shelter designed to
provide temporary living accommodations including, but not limited to,
shelters operated or approved by the state or local department of social
services, and residential programs for runaway and homeless youth estab-
lished pursuant to article nineteen-H of the executive law; or
(ii) a public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings, INCLUDING A CHILD
OR YOUTH WHO IS LIVING IN A CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING,
SUBSTANDARD HOUSING, BUS OR TRAIN STATIONS OR SIMILAR SETTING.
(3) the term "homeless child" shall not include a child in foster care
PLACEMENT or receiving educational services pursuant to subdivision
four, five, six, six-a or seven of section thirty-two hundred two of
this article or pursuant to article eighty-one, eighty-five, eighty-sev-
en or eighty-eight of this chapter.
§ 3. This act shall take effect immediately; provided, however, that:
(a) the amendments to paragraph a of subdivision 1 of section 3209 of
the education law made by section one of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 5 of
chapter 101 of the laws of 2003, as amended, when upon such date the
provisions of section two of this act shall take effect;
(b) the amendments to paragraph a-1 of subdivision 1 of section 3209
of the education law made by section one of this act shall not affect
the expiration of such paragraph and shall be deemed to expire there-
with; and
(c) the amendments to subdivision 2-a of section 3209 of the education
law made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
PART D
Section 1. The education law is amended by adding a new section 669-h
to read as follows:
§ 669-H. EXCELSIOR SCHOLARSHIP. 1. ELIGIBILITY. AN EXCELSIOR SCHOLAR-
SHIP AWARD SHALL BE MADE TO AN APPLICANT WHO: (A) IS MATRICULATED IN AN
APPROVED PROGRAM LEADING TO AN UNDERGRADUATE DEGREE AT A NEW YORK STATE
PUBLIC INSTITUTION OF HIGHER EDUCATION; (B) ENROLLS IN AND COMPLETES AT
LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE
TO HIS OR HER PROGRAM OR PROGRAMS OF STUDY, PROVIDED, HOWEVER, THAT AN
A. 3006--B 80
APPLICANT MAY HAVE TWO SEMESTERS WHERE HE OR SHE COMPLETES AT LEAST
TWELVE COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE TO HIS
OR HER PROGRAM OR PROGRAMS OF STUDY. THE CORPORATION SHALL PRESCRIBE IN
REGULATION (I) RULES THAT ALLOW APPLICANTS WHO ARE DISABLED AS DEFINED
BY THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 USC 12101, TO BE
ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION BASED ON MODIFIED CRITE-
RIA, AND (II) THE LIMITED CIRCUMSTANCES IN WHICH THE REQUIREMENTS OF
THIS SECTION MAY BE WAIVED OR MODIFIED FOR AN APPLICANT. APPLICANTS WHO
FAIL TO MEET THE REQUIREMENTS OF THIS SECTION SHALL BE ABLE TO RE-ES-
TABLISH ELIGIBILITY FOR AN AWARD AFTER HE OR SHE SUCCESSFULLY ENROLLS IN
AN COMPLETES AT LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS EQUIV-
ALENT, APPLICABLE TO HIS OR HER PROGRAM OR PROGRAMS OF STUDY. NOTWITH-
STANDING, IN THE STUDENT'S LAST SEMESTER, THE STUDENT MAY TAKE AT LEAST
ONE COURSE NEEDED TO MEET HIS OR HER GRADUATION REQUIREMENTS AND ENROLL
IN AT LEAST PART-TIME STUDY; (C) HAS AN ADJUSTED GROSS INCOME, AS
DEFINED IN THIS SUBDIVISION, EQUAL TO OR LESS THAN: (I) ONE HUNDRED
THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR; (II) ONE HUNDRED TEN
THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN ACADEMIC YEAR; (III) ONE HUNDRED TWEN-
TY-FIVE THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR; AND (IV) ONE
HUNDRED FIFTY THOUSAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR AND THEREAFT-
ER; AND (D) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND
ALL REQUIREMENTS PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION
OF THE PROGRAM. ADJUSTED GROSS INCOME SHALL BE THE TOTAL OF THE COMBINED
ADJUSTED GROSS INCOME OF THE APPLICANT AND THE APPLICANT'S PARENTS OR
THE APPLICANT AND THE APPLICANT'S SPOUSE, IF MARRIED, AS REPORTED ON THE
FEDERAL INCOME TAX RETURN, OR AS OTHERWISE OBTAINED BY THE CORPORATION,
FOR THE CALENDAR YEAR COINCIDING WITH THE TAX YEAR ESTABLISHED BY THE
U.S. DEPARTMENT OF EDUCATION TO QUALIFY APPLICANTS FOR FEDERAL STUDENT
FINANCIAL AID PROGRAMS AUTHORIZED BY TITLE IV OF THE HIGHER EDUCATION
ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, FOR THE SCHOOL YEAR IN
WHICH APPLICATION FOR ASSISTANCE IS MADE.
2. AMOUNT. AWARDS SHALL BE GRANTED BEGINNING WITH THE TWO THOUSAND
SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR AND THEREAFTER TO APPLI-
CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH
AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN THE AMOUNT EQUAL TO
THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE
CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION, WHICHEVER
IS LESS; PROVIDED, HOWEVER, (A) A STUDENT WHO RECEIVES EDUCATIONAL
GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF ATTEND-
ANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; AND (B) AN
AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER THE APPLICA-
TION OF PAYMENTS RECEIVED UNDER THE TUITION ASSISTANCE PROGRAM PURSUANT
TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART, TUITION CREDITS
PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS ARTICLE, TWO-
THIRDS OF ANY FEDERAL PELL GRANT PURSUANT TO SECTION ONE THOUSAND SEVEN-
TY OF TITLE TWENTY OF THE UNITED STATES CODE, ET. SEQ., AND ANY OTHER
PROGRAM THAT COVERS THE COST OF ATTENDANCE, AND THE AWARD UNDER THIS
PROGRAM SHALL BE REDUCED IN THE AMOUNT EQUAL TO SUCH PAYMENTS, PROVIDED
THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF
TUITION. UPON NOTIFICATION OF AN AWARD UNDER THIS PROGRAM, THE INSTITU-
TION SHALL DEFER THE AMOUNT OF TUITION. NOTWITHSTANDING PARAGRAPH H OF
SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE AND PARAGRAPH (A) OF
A. 3006--B 81
SUBDIVISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAP-
TER, AND ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE UNDER-
GRADUATE TUITION CHARGED BY THE INSTITUTION TO RECIPIENTS OF AN AWARD
SHALL NOT EXCEED THE TUITION RATE ESTABLISHED BY THE INSTITUTION FOR THE
TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR, PROVIDED,
HOWEVER, THAT IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
ACADEMIC YEAR AND EVERY FOUR YEARS THEREAFTER, THE UNDERGRADUATE TUITION
CHARGED BY THE INSTITUTION TO RECIPIENTS OF AN AWARD SHALL BE RESET TO
EQUAL THE TUITION RATE ESTABLISHED BY THE INSTITUTION FOR THE FORTHCOM-
ING ACADEMIC YEAR.
3. DURATION. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE
THAN FOUR ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE
ACADEMIC YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS. AN
ELIGIBLE RECIPIENT ENROLLED IN AN ELIGIBLE TWO YEAR PROGRAM OF STUDY
SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO ACADEMIC YEARS WHILE
ENROLLED IN SUCH PROGRAM OF STUDY. NOTWITHSTANDING, SUCH DURATION MAY
BE EXTENDED FOR AN ALLOWABLE INTERRUPTION OF STUDY.
4. CONDITIONS. (A) AN APPLICANT WHO WOULD BE ELIGIBLE FOR A NEW YORK
STATE TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED
SIXTY-SEVEN OF THIS SUBPART AND/OR A FEDERAL PELL GRANT PURSUANT TO
SECTION ONE THOUSAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE,
ET. SEQ., IS REQUIRED TO APPLY FOR EACH SUCH AWARD.
(B) AN APPLICANT WHO HAS EARNED A BACHELOR'S DEGREE IS INELIGIBLE TO
RECEIVE AN AWARD PURSUANT TO THIS SECTION.
(C) AN APPLICANT WHO HAS EARNED AN ASSOCIATE'S DEGREE IS INELIGIBLE TO
RECEIVE AN AWARD FOR A TWO YEAR PROGRAM OF STUDY PURSUANT TO THIS
SECTION, PROVIDED, HOWEVER, THAT SUCH APPLICANT SHALL REMAIN ELIGIBLE TO
RECEIVE AN AWARD FOR A PROGRAM OF STUDY LEADING TO A BACHELOR'S DEGREE.
(D) NOTWITHSTANDING PARAGRAPH C OF SUBDIVISION FOUR OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS PART, A SCHOOL SHALL CERTIFY THAT A RECIPIENT
HAS ACHIEVED THE MINIMUM GRADE POINT AVERAGE NECESSARY FOR SUCCESSFUL
COMPLETION OF HIS OR HER COURSEWORK TO RECEIVE PAYMENT UNDER THE AWARD.
5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART E
Section 1. This act shall be known and may be cited as the "New York
state DREAM act".
§ 2. The education law is amended by adding a new section 609-a to
read as follows:
§ 609-A. NEW YORK DREAM FUND COMMISSION. 1. (A) THERE SHALL BE
CREATED A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO
ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
(B) THE NEW YORK DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
(I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
(II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE;
(III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
(V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
A. 3006--B 82
(C) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
OF THE STATE.
(D) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER
INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
CHILDREN OF IMMIGRANTS.
(E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES.
2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
(I) ADMINISTER THE PROVISIONS OF THIS SECTION;
(II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
(III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
GRANTS TO THE UNITED STATES;
(IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
(V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
(VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
(VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF
INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
(VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
OF IMMIGRANTS; AND
(IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
(B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
(I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
(II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
(III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
(IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
A. 3006--B 83
(C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS
OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS
SECTION.
3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
§ 3. Subdivision 3 of section 661 of the education law is REPEALED.
§ 4. 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 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, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT 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 AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT 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, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION 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 SIXTY-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.
§ 5. 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:
A. 3006--B 84
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 last academic year of undergraduate study and have
continued to be a legal resident until matriculation in the graduate
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, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT 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, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION 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 SIXTY-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.
§ 6. 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.
§ 7. 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
A. 3006--B 85
member, of the armed forces of the United States on full-time active
duty and stationed in this state.
§ 8. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
(10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, 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.
§ 9. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
(D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, 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.
§ 10. Section 6305 of the education law is amended by adding a new
subdivision 8-a to read as follows:
8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMI-
GRATION STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, 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.
§ 11. 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.
§ 11-a. Paragraph d of subdivision 3 of section 6451 of the education
law, as amended by chapter 494 of the laws of 2016, 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
A. 3006--B 86
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;
§ 12. 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.
§ 13. 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 NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
(1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
A. 3006--B 87
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 SIXTY-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.
§ 14. 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 NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED
THAT THE STUDENT:
(1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
(3) 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 SIXTY-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.
§ 15. 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
A. 3006--B 88
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVEN-
TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
§ 16. 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 SEVENTEEN 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
§ 17. The president of the higher education services corporation, in
consultation with the commissioner of education, 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 education services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion contained within the applications filed with such corporation or
department shall be deemed confidential.
§ 18. This act shall take effect immediately; provided, however, that:
(a) section two of this act shall take effect January 1, 2018;
(b) sections fifteen and sixteen of this act shall take effect on the
ninetieth day after it shall have become a law; provided, however, that
any rule or regulation necessary for the timely implementation of this
act on its effective date shall be promulgated on or before such effec-
tive date; and
(c) sections three through fourteen and section seventeen of this act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er education services corporation and commissioner of education or on
the ninetieth day after it shall have become a law, whichever shall be
later; provided, however, that if chapter 494 of the laws of 2016 shall
not have taken effect on or before such date then section eleven-a of
this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2016 takes effect; provided, further, howev-
er that effective immediately the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and completed
on or before such date; provided, further, however, that the president
of the higher education services corporation and the commissioner of
education shall notify the legislative bill drafting commission upon the
occurrence of the issuance of the regulations and the development of an
application form 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 offi-
cers law.
PART F
Intentionally Omitted
A. 3006--B 89
PART G
Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by section 1 of part D of chapter
54 of the laws of 2016, is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. Except as hereinafter provided, all students
enrolled in programs leading to like degrees at state-operated insti-
tutions of the state university shall be charged a uniform rate of
tuition except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing rates of tuition for each of the colleges for students
enrolled in degree-granting programs leading to an associate degree and
non-degree granting programs so long as such tuition rate does not
exceed the tuition rate charged to students who are enrolled in like
degree programs or degree-granting undergraduate programs leading to a
baccalaureate degree at other state-operated institutions of the state
university of New York. Notwithstanding any other provision of this
subparagraph, the trustees may authorize the setting of a separate cate-
gory of tuition rate, that shall be greater than the tuition rate for
resident students and less than the tuition rate for non-resident
students, only for students enrolled in distance learning courses who
are not residents of the state. Except as otherwise authorized in this
subparagraph, the trustees shall not adopt changes affecting tuition
charges prior to the enactment of the annual budget, provided however
that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with the two thousand
eleven--two thousand twelve academic year [and each year thereafter] AND
ENDING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR
if the annual resident undergraduate rate of tuition would exceed five
thousand dollars, then a tuition credit for each eligible student, as
determined and calculated by the New York state higher education
services corporation pursuant to section six hundred eighty-nine-a of
this title, shall be applied toward the tuition charged for each semes-
ter, quarter or term of study. Tuition for each semester, quarter or
term of study shall not be due for any student eligible to receive such
tuition credit until the tuition credit is calculated and applied
against the tuition charged for the corresponding semester, quarter or
term.
(ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUS-
TEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT UNDER-
GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED THE MAXIMUM TUITION ASSISTANCE PROGRAM
AWARD PURSUANT TO SUBITEM (C) OF ITEM ONE OF CLAUSE (A) OF SUBPARAGRAPH
(I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-
A. 3006--B 90
SEVEN OF THIS TITLE, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS
DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF
THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMES-
TER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR
TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH
TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED
AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR
TERM. PROVIDED, FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN
THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN
APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY,
INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME
COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
(III) On or before November thirtieth, two thousand [eleven]
SEVENTEEN, the trustees shall approve and submit to the chairs of the
assembly ways and means committee and the senate finance committee and
to the director of the budget a master tuition plan setting forth the
tuition rates that the trustees propose for resident undergraduate
students for the five year period commencing with the two thousand
[eleven] SEVENTEEN--two thousand [twelve] EIGHTEEN academic year and
ending in the two thousand [fifteen] TWENTY-ONE-two thousand [sixteen]
TWENTY-TWO academic year, and shall submit any proposed amendments to
such plan by November thirtieth of each subsequent year thereafter
through November thirtieth, two thousand [fifteen] TWENTY-ONE, and
provided further, that with the approval of the board of trustees, each
university center may increase non-resident undergraduate tuition rates
each year by not more than ten percent over the tuition rates of the
prior academic year for a six year period commencing with the two thou-
sand eleven--two thousand twelve academic year and ending in the two
thousand sixteen--two thousand seventeen academic year.
[(iii)] (IV) Beginning in state fiscal year two thousand twelve-two
thousand thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate and make available
general fund operating support, including fringe benefits, for the state
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses at the state university and city univer-
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply.
[(iv)] (V) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE
GENERAL FUND OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE STATE
UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE STATE UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE
UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT
NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN
THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL
MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH
SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND
A. 3006--B 91
OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE UNIVERSITY AND THE
STATE UNIVERSITY HEALTH SCIENCE CENTERS. IF THE GOVERNOR, HOWEVER,
DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE
TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE
SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER-
SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE
AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
(VI) For the state university fiscal years commencing two thousand
eleven--two thousand twelve and ending two thousand fifteen--two thou-
sand sixteen, each university center may set aside a portion of its
tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
of the state university of New York. Nothing in this paragraph shall be
construed as to authorize that students whose net taxable income is
eighty thousand dollars or more are eligible for tuition assistance
program awards pursuant to section six hundred sixty-seven of this chap-
ter.
§ 2. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by section 2 of part D of chapter 54 of the laws of
2016, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. Notwithstanding any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition rate, that shall be greater than the
tuition rate for resident students and less than the tuition rate for
non-resident students, only for students enrolled in distance learning
courses who are not residents of the state; provided, however, that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
sixteen academic year, the city university of New York board of trustees
shall be empowered to increase the resident undergraduate rate of
tuition by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in the prior
academic year, provided however that commencing with the two thousand
eleven--two thousand twelve academic year and [each year thereafter]
ENDING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC
YEAR if the annual resident undergraduate rate of tuition would exceed
five thousand dollars, then a tuition credit for each eligible student,
as determined and calculated by the New York state higher education
A. 3006--B 92
services corporation pursuant to section six hundred eighty-nine-a of
this chapter, shall be applied toward the tuition charged for each
semester, quarter or term of study. Tuition for each semester, quarter
or term of study shall not be due for any student eligible to receive
such tuition credit until the tuition credit is calculated and applied
against the tuition charged for the corresponding semester, quarter or
term.
(ii) COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUS-
TEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF
TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER THE RESIDENT UNDER-
GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR
ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU-
ATE RATE OF TUITION WOULD EXCEED THE MAXIMUM TUITION ASSISTANCE PROGRAM
AWARD PURSUANT TO SUBITEM (C) OF ITEM ONE OF CLAUSE (A) OF SUBPARAGRAPH
(I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-
SEVEN OF THIS CHAPTER, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT,
AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION
SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF
THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMES-
TER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR
TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH
TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED
AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR
TERM. PROVIDED, FURTHER THAT THE REVENUE RESULTING FROM AN INCREASE IN
THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN
APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY,
INSTRUCTION, INITIATIVES TO IMPROVE STUDENT SUCCESS AND ON-TIME
COMPLETION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
(III) On or before November thirtieth, two thousand [eleven]
SEVENTEEN, the trustees shall approve and submit to the chairs of the
assembly ways and means committee and the senate finance committee and
to the director of the budget a master tuition plan setting forth the
tuition rates that the trustees propose for resident undergraduate
students for the five year period commencing with the two thousand
[eleven] SEVENTEEN--two thousand [twelve] EIGHTEEN academic year and
ending in the two thousand [fifteen] TWENTY-ONE--two thousand [sixteen]
TWENTY-TWO academic year, and shall submit any proposed amendments to
such plan by November thirtieth of each subsequent year thereafter
through November thirtieth, two thousand [fifteen] TWENTY-ONE.
[(iii)] (IV) Beginning in state fiscal year two thousand twelve--two
thousand thirteen and ending in state fiscal year two thousand fifteen-
-two thousand sixteen, the state shall appropriate and make available
state support for operating expenses, including fringe benefits, for the
city university in an amount not less than the amount appropriated and
made available in the prior state fiscal year; provided, however, that
if the governor declares a fiscal emergency, and communicates such emer-
gency to the temporary president of the senate and speaker of the assem-
bly, state support for operating expenses of the state university and
city university may be reduced in a manner proportionate to one another,
and the aforementioned provisions shall not apply.
(V) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE
SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY
UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE
AVAILABLE TO THE CITY UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND
A. 3006--B 93
ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN AND THEREAFTER, THE STATE SHALL APPRO-
PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES FOR THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL
SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY. IF THE GOVERNOR,
HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY
UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND
THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
§ 3. Section 359 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. THE STATE UNIVERSITY TRUSTEES SHALL ANNUALLY REPORT ON HOW THE
REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT FINANCIAL
ASSISTANCE FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE TRUSTEES
SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
§ 4. Section 6206 of the education law is amended by adding a new
subdivision 19 to read as follows:
19. THE CITY UNIVERSITY TRUSTEES SHALL ANNUALLY REPORT ON HOW THE
REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION, INITIATIVES
TO IMPROVE STUDENT SUCCESS AND ON-TIME COMPLETION AND STUDENT FINANCIAL
ASSISTANCE FOR THE DURATION OF THE FIVE YEAR TUITION PLAN. THE TRUSTEES
SHALL SUBMIT THE REPORT BY SEPTEMBER FIRST OF EACH SUBSEQUENT YEAR.
§ 5. Section 689-a of the education law, as added by chapter 260 of
the laws of 2011, is amended to read as follows:
§ 689-a. Tuition credits. 1. The New York state higher education
services corporation shall calculate a tuition credit for each resident
undergraduate student who has filed an application with such corporation
for a tuition assistance program award pursuant to section six hundred
sixty-seven of this article, and is determined to be eligible to receive
such award, and is also enrolled in a program of undergraduate study at
a state operated or senior college of the state university of New York
or the city university of New York where the annual resident undergradu-
ate tuition rate will exceed [five thousand dollars] THE MAXIMUM TUITION
ASSISTANCE PROGRAM AWARD PURSUANT TO SUBITEM (C) OF ITEM ONE OF CLAUSE
(A) OF SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION
SIX HUNDRED SIXTY-SEVEN OF THIS ARTICLE. Such tuition credit shall be
calculated for each semester, quarter or term of study that tuition is
charged and tuition for the corresponding semester, quarter or term
shall not be due for any student eligible to receive such tuition credit
until such credit is calculated, the student and school where the
student is enrolled is notified of the tuition credit amount, and such
tuition credit is applied toward the tuition charged.
2. Each tuition credit pursuant to this section shall be an amount
equal to the product of the total annual resident undergraduate tuition
rate minus [five thousand dollars] THE MAXIMUM TUITION ASSISTANCE
PROGRAM AWARD PURSUANT TO SUBITEM (C) OF ITEM ONE OF CLAUSE (A) OF
SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE OF SECTION SIX
HUNDRED SIXTY-SEVEN OF THIS ARTICLE, then multiplied by an amount equal
A. 3006--B 94
to the product of the total annual award for the student pursuant to
section six hundred sixty-seven of this article divided by an amount
equal to the maximum amount the student qualifies to receive pursuant to
clause (A) of subparagraph (i) of paragraph a of subdivision three of
section six hundred sixty-seven of this article.
§ 6. Section 22-c of the state finance law is amended by adding a new
subdivision 7 to read as follows:
7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND EIGHTEEN
AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO THE
LEGISLATURE AS PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPITAL
PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE-OPERATED CAMPUSES AND
CITY UNIVERSITY OF NEW YORK SENIOR COLLEGES. SUCH PLANS SHALL PROVIDE
FOR THE ANNUAL APPROPRIATION OF CAPITAL FUNDS TO COVER ONE HUNDRED
PERCENT OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY EACH
UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR OTHER
MAJOR CAPITAL INITIATIVES, PROVIDED THAT SUCH FUNDING FOR NEW INFRAS-
TRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES SHALL NOT COUNT TOWARDS
MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT. IN THE EVENT THAT
SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRITICAL MAINTE-
NANCE NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B OF THIS
CHAPTER, THE DIRECTOR OF THE BUDGET SHALL DEVELOP FIVE-YEAR CAPITAL
PLANS WHEREBY THE IMPLEMENTATION OF EACH CAPITAL PLAN WOULD ANNUALLY
REDUCE THE OVERALL FACILITY CONDITION INDEX FOR EACH UNIVERSITY SYSTEM.
FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX" SHALL
MEAN AN INDUSTRY BENCHMARK THAT MEASURES THE RATIO OF DEFERRED MAINTE-
NANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING THE
EFFECT OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF
CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE
SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR OF THE
BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND CITY
UNIVERSITY OF NEW YORK.
§ 7. Section 16 of chapter 260 of the laws of 2011 amending the educa-
tion law and the New York state urban development corporation act relat-
ing to establishing components of the NY-SUNY 2020 challenge grant
program, as amended by section 5 of part D of chapter 54 of the laws of
2016, is amended to read as follows:
§ 16. This act shall take effect July 1, 2011; provided that sections
one, two, three, four, five, six, eight, nine, ten, eleven, twelve and
thirteen of this act shall expire [6] 11 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that sections fourteen and fifteen of this act
shall expire 5 years after such effective date when upon such date the
provisions of this act shall be deemed repealed.
§ 8. This act shall take effect immediately; provided that the amend-
ments to subparagraph 4 of paragraph h of subdivision 2 of section 355
of the education law made by section one of this act and the amendments
to paragraph (a) of subdivision 7 of section 6206 of the education law
made by section two of this act shall not affect the expiration of such
provisions and shall be deemed to expire therewith; provided further,
however, that the amendments to section 689-a of the education law made
by section five of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART H
A. 3006--B 95
Section 1. The education law is amended by adding a new article 128 to
read as follows:
ARTICLE 128
PUBLIC UNIVERSITY AFFILIATED ORGANIZATIONS AND FOUNDATIONS
SECTION 6361. FOUNDATION CONTRIBUTIONS TO THE STATE UNIVERSITY OF NEW
YORK AND CITY UNIVERSITY OF NEW YORK.
§ 6361. FOUNDATION CONTRIBUTIONS TO THE STATE UNIVERSITY OF NEW YORK
AND CITY UNIVERSITY OF NEW YORK. 1. ANY AFFILIATED ORGANIZATION OR FOUN-
DATION OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW
YORK SHALL EXAMINE THEIR MISSION, AND CONSISTENT WITH SUCH MISSION AND
TO THE EXTENT LEGAL AND PRACTICAL, SUPPORT PROGRAMS, SERVICES, AND SCHO-
LARSHIPS TO PROVIDE ADDITIONAL BENEFITS FOR STUDENTS ATTENDING THE STATE
UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK, RESPECTIVELY.
2. AS DEFINED IN THIS SECTION "AFFILIATED ORGANIZATION OR FOUNDATION"
MEANS AN ORGANIZATION OR FOUNDATION FORMED UNDER THE NOT-FOR-PROFIT
CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENEFIT OF OR
CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF
NEW YORK OR THEIR RESPECTIVE UNIVERSITIES, COLLEGES, COMMUNITY COLLEGES,
CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF THE STATE
UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY UNIVERSI-
TY OF NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR PROVIDING
A DIRECT BENEFIT TO, THE RESPECTIVE UNIVERSITY, COLLEGE, COMMUNITY
COLLEGE, CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE, THAT HAS
CONTROL OF, MANAGES OR RECEIVES ONE HUNDRED THOUSAND DOLLARS OR MORE
ANNUALLY, INCLUDING ALUMNI ASSOCIATIONS. FOR THE PURPOSES OF THIS
SECTION, THIS TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED
SOLELY OF ENROLLED STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A
STUDENT OBJECTIVE.
§ 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on or after April 1, 2017.
PART I
Section 1. Subdivision (c) of section 609 of the limited liability
company law, as added by chapter 537 of the laws of 2014, is amended to
read as follows:
(c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as determined as of the beginning of the period during which the unpaid
services referred to in this section are performed, of every DOMESTIC
limited liability company AND EVERY FOREIGN LIMITED LIABILITY COMPANY,
shall jointly and severally be personally liable for all debts, wages or
salaries due and owing to any of its laborers, servants or employees,
for services performed by them for such limited liability company.
[Before such laborer, servant or employee shall charge such member for
such services, he or she shall give notice in writing to such member
that he or she intends to hold such member liable under this section.
Such notice shall be given within one hundred eighty days after termi-
nation of such services. An action to enforce such liability shall be
commenced within ninety days after the return of an execution unsatis-
fied against the limited liability company upon a judgment recovered
against it for such services.] A member who has paid more than his or
her pro rata share under this section shall be entitled to contribution
pro rata from the other members liable under this section with respect
A. 3006--B 96
to the excess so paid, over and above his or her pro rata share, and may
sue them jointly or severally or any number of them to recover the
amount due from them. Such recovery may be had in a separate action. As
used in this subdivision, "pro rata" means in proportion to percentage
ownership interest. Before a member may claim contribution from other
members under this section, he or she shall give them notice in writing
that he or she intends to hold them so liable to him or her.
§ 2. Section 1102 of the limited liability company law is amended by
adding a new subdivision (e) to read as follows:
(E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE OF A LIMITED LIABILITY COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR-
NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE PERIOD OF TIME DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA-
GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL
NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT. UPON
REFUSAL BY THE COMPANY OR BY AN OFFICER OR AGENT OF THE COMPANY TO
PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE
PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT
IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF THE COMPANY IS LOCATED,
UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE
COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT. UPON THE RETURN
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COURT SHALL GRANT AN
ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO
THE COURT MAY SEEM JUST AND PROPER. IF THE APPLICANT IS FOUND TO BE
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COMPANY SHALL PAY ALL
REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT RELATED TO THE
DEMAND FOR INSPECTION OF THE RECORDS.
§ 3. Subdivision 1 of section 196 of the labor law is amended by
adding a new paragraph f to read as follows:
F. WHEN AN EMPLOYER IS A CORPORATION OR LIMITED LIABILITY COMPANY,
INCLUDING FOREIGN AS WELL AS DOMESTIC, THE COMMISSIONER'S DUTIES, POWERS
AND AUTHORITY SHALL INCLUDE THE FOLLOWING WITH RESPECT TO THE TEN LARG-
EST SHAREHOLDERS, WITHIN THE MEANING OF SECTION SIX HUNDRED THIRTY OF
THE BUSINESS CORPORATION LAW, OR THE TEN MEMBERS WITH THE LARGEST
PERCENTAGE OWNERSHIP INTEREST, WITHIN THE MEANING OF SECTION SIX HUNDRED
NINE OF THE LIMITED LIABILITY COMPANY LAW, IN CONNECTION WITH AN ASSIGN-
MENT, INVESTIGATION, PROCEEDING, ORDER, OR JUDGMENT UNDER THIS ARTICLE,
UNDER SECTION TWO HUNDRED FIFTEEN, OR UNDER ARTICLE EIGHT, EIGHT-A,
NINE, NINETEEN, NINETEEN-A OR TWENTY-FIVE-A OF THIS CHAPTER:
(I) TO ORDER THE EMPLOYER TO IDENTIFY SUCH SHAREHOLDERS AND MEMBERS
AND, IF THE EMPLOYER SHALL FAIL TO IDENTIFY SUCH SHAREHOLDERS WITHIN TEN
DAYS AFTER AN ORDER UNDER THIS SUBPARAGRAPH, TO BRING AN ACTION IN THE
NAME AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK AGAINST SUCH
EMPLOYER IN THE SUPREME COURT TO COMPEL SUCH EMPLOYER TO IDENTIFY SUCH
SHAREHOLDERS AND MEMBERS AND PAY A CIVIL PENALTY OF NO MORE THAN TEN
THOUSAND DOLLARS;
(II) TO SERVE WRITTEN NOTICES ON SUCH SHAREHOLDERS AND MEMBERS PURSU-
ANT TO SECTION SIX HUNDRED THIRTY OF THE BUSINESS CORPORATION LAW AND
SECTION SIX HUNDRED NINE OF THE LIMITED LIABILITY COMPANY LAW, ON BEHALF
A. 3006--B 97
OF LABORERS, SERVANTS OR EMPLOYEES, WITHIN THE TIME PERIOD PRESCRIBED BY
THOSE SECTIONS, WHICH TIME PERIOD SHALL BE TOLLED DURING THE COMMISSION-
ER'S INVESTIGATION; AND
(III) TO NAME SUCH SHAREHOLDERS AND MEMBERS IN ANY ORDER OR JUDGEMENT
WITHIN THE SCOPE OF THIS PARAGRAPH AND TO HOLD SUCH SHAREHOLDERS AND
MEMBERS JOINTLY AND SEVERALLY LIABLE FOR ALL WAGES, PAY, AND COMPEN-
SATION, TOGETHER WITH INTEREST ASSESSED UNDER THIS CHAPTER, FROM THE
DATE OF ANY WRITTEN NOTICE PURSUANT TO SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, WHICH ORDERS AND JUDGMENTS MAY BE ENFORCED AS PROVIDED FOR UNDER
THIS CHAPTER, IN LIEU OF ACTIONS COMMENCED UNDER SECTION SIX HUNDRED
THIRTY OF THE BUSINESS CORPORATION LAW AND SECTION SIX HUNDRED NINE OF
THE LIMITED LIABILITY COMPANY LAW.
§ 4. Subdivision 3 of section 199-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
3. Each employee and his or her authorized representative shall be
notified in writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-
GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
of any award and collection of back wages and civil penalties, and of
any intent to seek criminal penalties. In the event that criminal penal-
ties are sought the employee and his or her authorized representative
shall be notified of the outcome of prosecution.
§ 5. Subdivision 2 of section 663 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
2. By commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this article,
the commissioner may bring any legal action necessary, including admin-
istrative action, to collect such claim, and the employer shall be
required to pay the full amount of the underpayment, plus costs, and
unless the employer proves a good faith basis to believe that its under-
payment was in compliance with the law, an additional amount as liqui-
dated damages. Liquidated damages shall be calculated by the commission-
er as no more than one hundred percent of the total amount of
underpayments found to be due the employee. In any action brought by the
commissioner in a court of competent jurisdiction, liquidated damages
shall be calculated as an amount equal to one hundred percent of under-
payments found to be due the employee. EACH EMPLOYEE OR HIS OR HER
AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
ANY LEGAL ACTION BROUGHT ON THE EMPLOYEE'S BEHALF PURSUANT TO THIS
SECTION.
§ 6. Section 2 of the lien law is amended by adding three new subdivi-
sions 21, 22 and 23 to read as follows:
21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
23. WAGE CLAIM. THE TERM "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE
HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED NINETY-THREE, ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED
BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN
EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A
A. 3006--B 98
CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. § 206 OR
207.
§ 7. Section 3 of the lien law, as amended by chapter 137 of the laws
of 1985, is amended to read as follows:
§ 3. Mechanic's lien AND EMPLOYEE'S LIEN on [real] property. 1.
MECHANIC'S LIEN. A contractor, subcontractor, laborer, materialman,
landscape gardener, nurseryman or person or corporation selling fruit or
ornamental trees, roses, shrubbery, vines and small fruits, who performs
labor or furnishes materials for the improvement of real property with
the consent or at the request of the owner thereof, or of his agent,
contractor or subcontractor, and any trust fund to which benefits and
wage supplements are due or payable for the benefit of such laborers,
shall have a lien for the principal and interest, of the value, or the
agreed price, of such labor, including benefits and wage supplements due
or payable for the benefit of any laborer, or materials upon the real
property improved or to be improved and upon such improvement, from the
time of filing a notice of such lien as prescribed in this chapter.
Where the contract for an improvement is made with a husband or wife and
the property belongs to the other or both, the husband or wife contract-
ing shall also be presumed to be the agent of the other, unless such
other having knowledge of the improvement shall, within ten days after
learning of the contract give the contractor written notice of his or
her refusal to consent to the improvement. Within the meaning of the
provisions of this chapter, materials actually manufactured for but not
delivered to the real property, shall also be deemed to be materials
furnished.
2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT TERM IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
HAVE A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE VALUE
OF THE WAGE CLAIM ARISING OUT OF THE EMPLOYMENT, INCLUDING LIQUIDATED
DAMAGES PURSUANT TO SUBDIVISION ONE-A OF SECTION ONE HUNDRED NINETY-
EIGHT, SECTION SIX HUNDRED SIXTY-THREE OR SECTION SIX HUNDRED EIGHTY-ONE
OF THE LABOR LAW, OR 29 U.S.C. § 216 (B), FROM THE TIME OF FILING A
NOTICE OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S LIEN
BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTEREST IN REAL
PROPERTY AND AGAINST THE EMPLOYER'S INTEREST IN PERSONAL PROPERTY THAT
CAN BE SUFFICIENTLY DESCRIBED WITHIN THE MEANING OF SECTION 9-108 OF THE
UNIFORM COMMERCIAL CODE, EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND
TO DEPOSIT ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102
OF THE UNIFORM COMMERCIAL CODE. THE DEPARTMENT OF LABOR AND THE ATTOR-
NEY GENERAL MAY OBTAIN AN EMPLOYEE'S LIEN FOR THE VALUE OF WAGE CLAIMS
OF THE EMPLOYEES WHO ARE THE SUBJECT OF THEIR INVESTIGATIONS, COURT
ACTIONS OR ADMINISTRATIVE AGENCY ACTIONS.
3. AS USED IN THIS ARTICLE AND UNLESS OTHERWISE SPECIFIED, A LIEN
SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN.
§ 8. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1
as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
by chapter 704 of the laws of 1985, are amended to read as follows:
(1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
REAL PROPERTY shall extend to the owner's right, title or interest in
the real property and improvements, existing at the time of filing the
notice of lien, or thereafter acquired, except as hereinafter in this
article provided. If an owner assigns his interest in such real property
by a general assignment for the benefit of creditors, within thirty days
prior to such filing, the lien shall extend to the interest thus
assigned. If any part of the real property subjected to such lien be
A. 3006--B 99
removed by the owner or by any other person, at any time before the
discharge thereof, such removal shall not affect the rights of the
lienor, either in respect to the remaining real property, or the part so
removed. If labor is performed for, or materials furnished to, a
contractor or subcontractor for an improvement, the MECHANIC'S lien
shall not be for a sum greater than the sum earned and unpaid on the
contract at the time of filing the notice of lien, and any sum subse-
quently earned thereon. In no case shall the owner be liable to pay by
reason of all MECHANIC'S liens created pursuant to this article a sum
greater than the value or agreed price of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
(2) [Such] A MECHANIC'S OR EMPLOYEE'S lien shall not extend to the
owner's right, title or interest in real property and improvements,
existing at the time of filing the notice of lien if such lien arises
from the failure of a lessee of the right to explore, develop or produce
natural gas or oil, to pay for, compensate or render value for improve-
ments made with the consent or at the request of such lessee by a
contractor, subcontractor, materialman, equipment operator or owner,
landscaper, nurseryman, or person or corporation who performs labor or
furnishes materials for the exploration, development, or production of
oil or natural gas or otherwise improves such leased property. Such
MECHANIC'S OR EMPLOYEE'S lien shall extend to the improvements made for
the exploration, development and production of oil and natural gas, and
the working interest held by a lessee of the right to explore, develop
or produce oil and natural gas.
§ 9. The opening paragraph of section 4-a of the lien law, as amended
by chapter 696 of the laws of 1959, is amended to read as follows:
The proceeds of any insurance which by the terms of the policy are
payable to the owner of real property improved, and actually received or
to be received by him because of the destruction or removal by fire or
other casualty of an improvement on which lienors have performed labor
or services or for which they have furnished materials, OR UPON WHICH AN
EMPLOYEE HAS ESTABLISHED AN EMPLOYEE'S LIEN, shall after the owner has
been reimbursed therefrom for premiums paid by him, if any, for such
insurance, be subject to liens provided by this act to the same extent
and in the same order of priority as the real property would have been
had such improvement not been so destroyed or removed.
§ 10. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
by chapter 515 of the laws of 1929, are amended to read as follows:
1. The name OF THE LIENOR, and EITHER THE residence of the lienor OR
THE NAME AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if
the lienor is a partnership or a corporation, the business address of
such firm, or corporation, the names of partners and principal place of
business, and if a foreign corporation, its principal place of business
within the state.
2. The name of the owner of the [real] property against whose interest
therein a lien is claimed, and the interest of the owner as far as known
to the lienor.
5. The amount unpaid to the lienor for such labor or materials, OR THE
AMOUNT OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT
OF THE LIEN, THE ITEMS OF THE WAGE CLAIM AND THE VALUE THEREOF WHICH
MAKE UP THE AMOUNT FOR WHICH THE LIENOR CLAIMS A LIEN.
§ 11. Subdivision 1 of section 10 of the lien law, as amended by chap-
ter 367 of the laws of 2011, is amended to read as follows:
A. 3006--B 100
1. (A) Notice of MECHANIC'S lien may be filed at any time during the
progress of the work and the furnishing of the materials, or, within
eight months after the completion of the contract, or the final perform-
ance of the work, or the final furnishing of the materials, dating from
the last item of work performed or materials furnished; provided, howev-
er, that where the improvement is related to real property improved or
to be improved with a single family dwelling, the notice of MECHANIC'S
lien may be filed at any time during the progress of the work and the
furnishing of the materials, or, within four months after the completion
of the contract, or the final performance of the work, or the final
furnishing of the materials, dating from the last item of work performed
or materials furnished; and provided further where the notice of MECHAN-
IC'S lien is for retainage, the notice of MECHANIC'S lien may be filed
within ninety days after the date the retainage was due to be released;
except that in the case of a MECHANIC'S lien by a real estate broker,
the notice of MECHANIC'S lien may be filed only after the performance of
the brokerage services and execution of lease by both lessor and lessee
and only if a copy of the alleged written agreement of employment or
compensation is annexed to the notice of lien, provided that where the
payment pursuant to the written agreement of employment or compensation
is to be made in installments, then a notice of lien may be filed within
eight months after the final payment is due, but in no event later than
a date five years after the first payment was made. For purposes of this
section, the term "single family dwelling" shall not include a dwelling
unit which is a part of a subdivision that has been filed with a munici-
pality in which the subdivision is located when at the time the lien is
filed, such property in the subdivision is owned by the developer for
purposes other than his personal residence. For purposes of this
section, "developer" shall mean and include any private individual,
partnership, trust or corporation which improves two or more parcels of
real property with single family dwellings pursuant to a common scheme
or plan. [The]
(B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER THAN
THREE YEARS FOLLOWING THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
CLAIM.
(C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
be filed in the clerk's office of the county where the property is situ-
ated. If such property is situated in two or more counties, the notice
of lien shall be filed in the office of the clerk of each of such coun-
ties. The county clerk of each county shall provide and keep a book to
be called the "lien docket," which shall be suitably ruled in columns
headed "owners," "lienors," "lienor's attorney," "property," "amount,"
"time of filing," "proceedings had," in each of which he shall enter the
particulars of the notice, properly belonging therein. The date, hour
and minute of the filing of each notice of lien shall be entered in the
proper column. Except where the county clerk maintains a block index,
the names of the owners shall be arranged in such book in alphabetical
order. The validity of the lien and the right to file a notice thereof
shall not be affected by the death of the owner before notice of the
lien is filed. A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
FILED, TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
§ 12. Section 11 of the lien law, as amended by chapter 147 of the
laws of 1996, is amended to read as follows:
§ 11. Service of copy of notice of lien. 1. Within five days before
or thirty days after filing the notice of A MECHANIC'S lien, the lienor
A. 3006--B 101
shall serve a copy of such notice upon the owner, if a natural person,
(a) by delivering the same to him personally, or if the owner cannot be
found, to his agent or attorney, or (b) by leaving it at his last known
place of residence in the city or town in which the real property or
some part thereof is situated, with a person of suitable age and
discretion, or (c) by registered or certified mail addressed to his last
known place of residence, or (d) if such owner has no such residence in
such city or town, or cannot be found, and he has no agent or attorney,
by affixing a copy thereof conspicuously on such property, between the
hours of nine o'clock in the forenoon and four o'clock in the afternoon;
if the owner be a corporation, said service shall be made (i) by deliv-
ering such copy to and leaving the same with the president, vice-presi-
dent, secretary or clerk to the corporation, the cashier, treasurer or a
director or managing agent thereof, personally, within the state, or
(ii) if such officer cannot be found within the state by affixing a copy
thereof conspicuously on such property between the hours of nine o'clock
in the forenoon and four o'clock in the afternoon, or (iii) by regis-
tered or certified mail addressed to its last known place of business.
Failure to file proof of such a service with the county clerk within
thirty-five days after the notice of lien is filed shall terminate the
notice as a lien. Until service of the notice has been made, as above
provided, an owner, without knowledge of the lien, shall be protected in
any payment made in good faith to any contractor or other person claim-
ing a lien.
2. WITHIN FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF
AN EMPLOYEE'S LIEN, THE LIENOR SHALL SERVE A COPY OF SUCH NOTICE UPON
THE EMPLOYER, IF A NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM
PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT OR ATTOR-
NEY, OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR BUSI-
NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
OR CERTIFIED MAIL ADDRESSED TO HIS LAST KNOWN PLACE OF RESIDENCE OR
BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
THEREOF CONSPICUOUSLY ON SUCH PROPERTY, BETWEEN THE HOURS OF NINE
O'CLOCK IN THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. THE LIENOR
ALSO SHALL, WITHIN THIRTY DAYS AFTER FILING THE NOTICE OF EMPLOYEE'S
LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED
IN THE NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE O'CLOCK IN
THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. IF THE EMPLOYER BE A
CORPORATION, SAID SERVICE SHALL BE MADE (I) BY DELIVERING SUCH COPY TO
AND LEAVING THE SAME WITH THE PRESIDENT, VICE-PRESIDENT, SECRETARY OR
CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG-
ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER
CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS-
LY ON SUCH PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON
AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED OR CERTIFIED
MAIL ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY DELIVERY
TO THE SECRETARY OF THE DEPARTMENT OF STATE IN THE SAME MANNER AS
REQUIRED BY SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION THREE HUNDRED
SIX OF THE BUSINESS CORPORATION LAW. FAILURE TO FILE PROOF OF SUCH A
SERVICE WITH THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE NOTICE
OF LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE OF
THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
OTHER PERSON CLAIMING A LIEN.
§ 13. Section 11-b of the lien law, as amended by chapter 147 of the
laws of 1996, is amended to read as follows:
A. 3006--B 102
§ 11-b. Copy of notice of MECHANIC'S lien to a contractor or subcon-
tractor. Within five days before or thirty days after filing a notice
of MECHANIC'S lien in accordance with section ten of this chapter or the
filing of an amendment of notice of MECHANIC'S lien in accordance with
section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy
of such notice or amendment by certified mail on the contractor, subcon-
tractor, assignee or legal representative for whom he was employed or to
whom he furnished materials or if the lienor is a contractor or subcon-
tractor to the person, firm or corporation with whom the contract was
made. A lienor having a direct contractual relationship with a subcon-
tractor or a sub-subcontractor but not with a contractor shall also
serve a copy of such notice or amendment by certified mail to the
contractor. Failure to file proof of such a service with the county
clerk within thirty-five days after the notice of lien is filed shall
terminate the notice as a lien. Any lienor, or a person acting on behalf
of a lienor, who fails to serve a copy of the notice of MECHANIC'S lien
as required by this section shall be liable for reasonable attorney's
fees, costs and expenses, as determined by the court, incurred in
obtaining such copy.
§ 14. Subdivision 1 of section 12-a of the lien law, as amended by
chapter 1048 of the laws of 1971, is amended to read as follows:
1. Within sixty days after the original filing, a lienor may amend his
lien upon twenty days notice to existing lienors, mortgagees and the
owner, provided that no action or proceeding to enforce or cancel the
mechanics' lien OR EMPLOYEE'S LIEN has been brought in the interim,
where the purpose of the amendment is to reduce the amount of the lien,
except the question of wilful exaggeration shall survive such amendment.
§ 15. Subdivision 1 of section 13 of the lien law, as amended by chap-
ter 878 of the laws of 1947, is amended to read as follows:
(1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
performed in the improvement of real property, shall have priority over
a conveyance, mortgage, judgment or other claim against such property
not recorded, docketed or filed at the time of the filing of the notice
of such lien, except as hereinafter in this chapter provided; over
advances made upon any mortgage or other encumbrance thereon after such
filing, except as hereinafter in this article provided; and over the
claim of a creditor who has not furnished materials or performed labor
upon such property, if such property has been assigned by the owner by a
general assignment for the benefit of creditors, within thirty days
before the filing of either of such notices; and also over an attachment
hereafter issued or a money judgment hereafter recovered upon a claim,
which, in whole or in part, was not for materials furnished, labor
performed or moneys advanced for the improvement of such real property;
and over any claim or lien acquired in any proceedings upon such judg-
ment. Such liens shall also have priority over advances made upon a
contract by an owner for an improvement of real property which contains
an option to the contractor, his successor or assigns to purchase the
property, if such advances were made after the time when the labor began
or the first item of material was furnished, as stated in the notice of
lien. If several buildings are demolished, erected, altered or repaired,
or several pieces or parcels of real property are improved, under one
contract, and there are conflicting liens thereon, each lienor shall
have priority upon the particular part of the real property or upon the
particular building or premises where his labor is performed or his
materials are used. Persons shall have no priority on account of the
time of filing their respective notices of liens, but all liens shall be
A. 3006--B 103
on a parity except as hereinafter in section fifty-six of this chapter
provided; and except that in all cases laborers for daily or weekly
wages WITH A MECHANIC'S LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN,
shall have preference over all other claimants under this article.
§ 16. Section 17 of the lien law, as amended by chapter 324 of the
laws of 2000, is amended to read as follows:
§ 17. Duration of lien. 1. (A) No MECHANIC'S lien specified in this
article shall be a lien for a longer period than one year after the
notice of lien has been filed, unless within that time an action is
commenced to foreclose the lien, and a notice of the pendency of such
action, whether in a court of record or in a court not of record, is
filed with the county clerk of the county in which the notice of lien is
filed, containing the names of the parties to the action, the object of
the action, a brief description of the real property affected thereby,
and the time of filing the notice of lien; or unless an extension to
such lien, except for a lien on real property improved or to be improved
with a single family dwelling, is filed with the county clerk of the
county in which the notice of lien is filed within one year from the
filing of the original notice of lien, continuing such lien and such
lien shall be redocketed as of the date of filing such extension. Such
extension shall contain the names of the lienor and the owner of the
real property against whose interest therein such lien is claimed, a
brief description of the real property affected by such lien, the amount
of such lien, and the date of filing the notice of lien. No lien shall
be continued by such extension for more than one year from the filing
thereof. In the event an action is not commenced to foreclose the lien
within such extended period, such lien shall be extinguished unless an
order be granted by a court of record or a judge or justice thereof,
continuing such lien, and such lien shall be redocketed as of the date
of granting such order and a statement made that such lien is continued
by virtue of such order. A lien on real property improved or to be
improved with a single family dwelling may only be extended by an order
of a court of record, or a judge or justice thereof. No lien shall be
continued by court order for more than one year from the granting there-
of, but a new order and entry may be made in each of two successive
years. If a lienor is made a party defendant in an action to enforce
another lien, and the plaintiff or such defendant has filed a notice of
the pendency of the action within the time prescribed in this section,
the lien of such defendant is thereby continued. Such action shall be
deemed an action to enforce the lien of such defendant lienor. The fail-
ure to file a notice of pendency of action shall not abate the action as
to any person liable for the payment of the debt specified in the notice
of lien, and the action may be prosecuted to judgment against such
person. The provisions of this section in regard to continuing liens
shall apply to liens discharged by deposit or by order on the filing of
an undertaking. Where a lien is discharged by deposit or by order, a
notice of pendency of action shall not be filed.
(B) A lien, the duration of which has been extended by the filing of a
notice of the pendency of an action as above provided, shall neverthe-
less terminate as a lien after such notice has been canceled as provided
in section sixty-five hundred fourteen of the civil practice law and
rules or has ceased to be effective as constructive notice as provided
in section sixty-five hundred thirteen of the civil practice law and
rules.
2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
ER PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS
A. 3006--B 104
AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF THE COUNTY
IN WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF
THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
CONTAIN THE NAMES OF THE LIENOR AND THE OWNER OF THE REAL PROPERTY
AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
OF THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND THE
DATE OF FILING THE NOTICE OF LIEN. NO LIEN SHALL BE CONTINUED BY SUCH
EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT
AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE CLAIM OR TO
FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN SHALL BE
EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A JUDGE
OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
ETED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
(B) NO EMPLOYEE'S LIEN ON PERSONAL PROPERTY SHALL BE A LIEN FOR A
LONGER PERIOD THAN ONE YEAR AFTER THE FINANCING STATEMENT HAS BEEN
RECORDED, UNLESS AN EXTENSION TO SUCH LIEN, IS FILED WITH THE FILING
OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
FILING OF THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH LIEN. SUCH
EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND THE OWNER OF THE
PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF
DESCRIPTION OF THE PRIOR FINANCING STATEMENT TO BE EXTENDED, AND THE
DATE OF FILING THE PRIOR FINANCING STATEMENT. NO LIEN SHALL BE CONTIN-
UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
THE EVENT AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE
CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN
SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
REFILED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
(C) IF A LIENOR IS MADE A PARTY DEFENDANT IN AN ACTION TO ENFORCE
ANOTHER LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE OF
THE PENDENCY OF THE ACTION WITHIN THE TIME PRESCRIBED IN THIS SECTION,
THE LIEN OF SUCH DEFENDANT IS THEREBY CONTINUED. SUCH ACTION SHALL BE
DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
OF LIEN, AND THE ACTION MAY BE PROSECUTED TO JUDGMENT AGAINST SUCH
PERSON. THE PROVISIONS OF THIS SECTION IN REGARD TO CONTINUING LIENS
SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING OF
AN UNDERTAKING. WHERE A LIEN IS DISCHARGED BY DEPOSIT OR BY ORDER, A
NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
(D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM WITHIN ONE
YEAR FROM THE FILING OF THE NOTICE OF LIEN ON REAL PROPERTY OR THE
RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
HUNDRED TWENTY DAYS FOLLOWING THE ENTRY OF FINAL JUDGMENT IN SUCH
ACTION, UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR ADMINISTRATIVE
ORDER IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR COMMENCES
A FORECLOSURE ACTION, IN WHICH INSTANCE THE LIEN SHALL BE VALID DURING
THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
PENDENCY OF A FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON
THE WAGE CLAIM, THE LIENOR SHALL FILE A NOTICE OF SUCH PENDENCY AND
A. 3006--B 105
EXTENSION WITH THE COUNTY CLERK OF THE COUNTY IN WHICH THE NOTICE OF
LIEN IS FILED, CONTAINING THE NAMES OF THE PARTIES TO THE ACTION, THE
OBJECT OF THE ACTION, A BRIEF DESCRIPTION OF THE PROPERTY AFFECTED
THEREBY, AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF A
LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
IZED TO ACCEPT FINANCING STATEMENTS PURSUANT TO SECTION 9-501 OF THE
UNIFORM COMMERCIAL CODE. FOR PURPOSES OF THIS SECTION, AN ACTION TO
OBTAIN JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT
OF COMPETENT JURISDICTION, THE SUBMISSION OF A COMPLAINT TO THE DEPART-
MENT OF LABOR OR THE SUBMISSION OF A CLAIM TO ARBITRATION PURSUANT TO AN
ARBITRATION AGREEMENT. AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
COMPLAINT.
(E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED, SHALL NEVERTHE-
LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
IN SECTION SIXTY-FIVE HUNDRED FOURTEEN OF THE CIVIL PRACTICE LAW AND
RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE AS PROVIDED
IN SECTION SIXTY-FIVE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND
RULES.
§ 17. Subdivisions 2 and 4 of section 19 of the lien law, subdivision
2 as amended by chapter 310 of the laws of 1962, subdivision 4 as added
by chapter 582 of the laws of 2002 and paragraph a of subdivision 4 as
further amended by section 104 of part A of chapter 62 of the laws of
2011, are amended to read as follows:
(2) By failure to begin an action to foreclose such lien or to secure
an order continuing it, within one year from the time of filing the
notice of lien, unless (I) an action be begun within the same period to
foreclose a mortgage or another mechanic's lien upon the same property
or any part thereof and a notice of pendency of such action is filed
according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
A WAGE CLAIM PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS
ARTICLE, but a lien, the duration of which has been extended by the
filing of a notice of the pendency of an action as herein provided,
shall nevertheless terminate as a lien after such notice has been
cancelled or has ceased to be effective as constructive notice.
(4) Either before or after the beginning of an action by the EMPLOYER,
owner or contractor executing a bond or undertaking in an amount equal
to one hundred ten percent of such lien conditioned for the payment of
any judgment which may be rendered against the property OR EMPLOYER for
the enforcement of the lien:
a. The execution of any such bond or undertaking by any fidelity or
surety company authorized by the laws of this state to transact busi-
ness, shall be sufficient; and where a certificate of qualification has
been issued by the superintendent of financial services under the
provisions of section one thousand one hundred eleven of the insurance
law, and has not been revoked, no justification or notice thereof shall
be necessary. Any such company may execute any such bond or undertaking
as surety by the hand of its officers, or attorney, duly authorized
thereto by resolution of its board of directors, a certified copy of
which resolution, under the seal of said company, shall be filed with
each bond or undertaking. Any such bond or undertaking shall be filed
with the clerk of the county in which the notice of lien is filed, and a
copy shall be served upon the adverse party. The undertaking is effec-
tive when so served and filed. If a certificate of qualification issued
A. 3006--B 106
pursuant to subsections (b), (c) and (d) of section one thousand one
hundred eleven of the insurance law is not filed with the undertaking, a
party may except, to the sufficiency of a surety and by a written notice
of exception served upon the adverse party within ten days after
receipt, a copy of the undertaking. Exceptions deemed by the court to
have been taken unnecessarily, or for vexation or delay, may, upon
notice, be set aside, with costs. Where no exception to sureties is
taken within ten days or where exceptions taken are set aside, the
undertaking shall be allowed.
b. In the case of bonds or undertakings not executed pursuant to para-
graph a of this subdivision, the EMPLOYER, owner or contractor shall
execute an undertaking with two or more sufficient sureties, who shall
be free holders, to the clerk of the county where the premises are situ-
ated. The sureties must together justify in at least double the sum
named in the undertaking. A copy of the undertaking, with notice that
the sureties will justify before the court, or a judge or justice there-
of, at the time and place therein mentioned, must be served upon the
lienor or his attorney, not less than five days before such time. Upon
the approval of the undertaking by the court, judge or justice an order
shall be made by such court, judge or justice discharging such lien.
c. If the lienor cannot be found, or does not appear by attorney,
service under this subsection may be made by leaving a copy of such
undertaking and notice at the lienor's place of residence, or if a
corporation at its principal place of business within the state as stat-
ed in the notice of lien, with a person of suitable age and discretion
therein, or if the house of his abode or its place of business is not
stated in said notice of lien and is not known, then in such manner as
the court may direct. The premises, if any, described in the notice of
lien as the lienor's residence or place of business shall be deemed to
be his said residence or its place of business for the purposes of said
service at the time thereof, unless it is shown affirmatively that the
person servicing the papers or directing the service had knowledge to
the contrary. Notwithstanding the other provisions of this subdivision
relating to service of notice, in any case where the mailing address of
the lienor is outside the state such service may be made by registered
or certified mail, return receipt requested, to such lienor at the mail-
ing address contained in the notice of lien.
d. Except as otherwise provided in this subdivision, the provisions of
article twenty-five of the civil practice law and rules regulating
undertakings is applicable to a bond or undertaking given for the
discharge of a lien on account of private improvements OR OF AN EMPLOY-
EE'S LIEN.
§ 18. Section 24 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 24. Enforcement of [mechanic's] lien. (1) REAL PROPERTY. The
[mechanics'] liens ON REAL PROPERTY specified in this article may be
enforced against the property specified in the notice of lien and which
is subject thereto and against any person liable for the debt upon which
the lien is founded, as prescribed in article three of this chapter.
(2) PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY SPECI-
FIED IN THIS ARTICLE MAY IMMEDIATELY BE ENFORCED AGAINST THE PROPERTY
THROUGH A FORECLOSURE AS PRESCRIBED IN ARTICLE NINE OF THE UNIFORM
COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER
OF LABOR OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY BE ENFORCED
IN ANY MANNER AVAILABLE TO THE JUDGMENT CREDITOR PURSUANT TO ARTICLE
NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS.
A. 3006--B 107
§ 19. Section 26 of the lien law, as amended by chapter 373 of the
laws of 1977, is amended to read as follows:
§ 26. Subordination of liens after agreement with owner. In case an
owner of real property shall execute to one or more persons, or a corpo-
ration, as trustee or trustees, a bond and mortgage or a note and mort-
gage affecting such property in whole or in part, or an assignment of
the moneys due or to become due under a contract for a building loan in
relation to such property, and in case such mortgage, if any, shall be
recorded in the office of the register of the county where such real
property is situated, or if such county has no register then in the
office of the clerk of such county, and in case such assignment, if any,
shall be filed in the office of the clerk of the county where such real
property is situated; and in case lienors having [mechanics'] liens
against said real property, notices of which have been filed up to and
not later than fifteen days after the recording of such mortgage or the
filing of such assignment, and which liens have not been discharged as
in this article provided, shall, to the extent of at least fifty-five
per centum of the aggregate amount for which such notices of liens have
been so filed, approve such bond and mortgage or such note and mortgage,
if any, and such assignment, if any, by an instrument or instruments in
writing, duly acknowledged and filed in the office of such county clerk,
then all mechanics' liens for labor performed or material furnished
prior to the recording of such mortgage or filing of such assignment,
whether notices thereof have been theretofore or are thereafter filed
and which have not been discharged as in this article provided, shall be
subordinate to the lien of such trust bond and mortgage or such trust
note and mortgage to the extent of the aggregate amount of all certif-
icates of interest therein issued by such trustee or trustees, or their
successors, for moneys loaned, materials furnished, labor performed and
any other indebtedness incurred after said trust mortgage shall have
been recorded, and for expenses in connection with said trust mortgage,
and shall also be subordinate to the lien of the bond and mortgage or
note and mortgage, given to secure the amount agreed to be advanced
under such contract for a building loan to the extent of the amount
which shall be advanced by the holder of such bond and mortgage or such
note and mortgage to the trustee or trustees, or their successors, under
such assignment. The provisions of this section shall apply to all bonds
and mortgages and notes and mortgages and all assignments of moneys due,
or to become due under building loan contracts executed by such owner,
in like manner, and recorded or filed, from time to time as hereinbefore
provided. In case of an assignment to trustees under the provisions of
this section, the trustees and their successors shall be the agents of
the assignor to receive and receipt for any and all sums advanced by the
holder of the building loan bond and mortgage or the building loan note
and mortgage under the building loan contract and such assignment. No
lienor shall have any priority over the bond and mortgage or note and
mortgage given to secure the money agreed to be advanced under a build-
ing loan contract or over the advances made thereunder, by reason of any
act preceding the making and approval of such assignment.
§ 20. Section 38 of the lien law, as amended by chapter 859 of the
laws of 1930, is amended to read as follows:
§ 38. Itemized statement may be required of lienor. A lienor who has
filed a notice of MECHANIC'S lien shall, on demand in writing, deliver
to the owner or contractor making such demand a statement in writing
which shall set forth the items of labor and/or material and the value
thereof which make up the amount for which he claims a lien, and which
A. 3006--B 108
shall also set forth the terms of the contract under which such items
were furnished. The statement shall be verified by the lienor or his
agent in the form required for the verification of notices in section
nine of this [chapter] ARTICLE. If the lienor shall fail to comply with
such a demand within five days after the same shall have been made by
the owner or contractor, or if the lienor delivers an insufficient
statement, the person aggrieved may petition the supreme court of this
state or any justice thereof, or the county court of the county where
the premises are situated, or the county judge of such county for an
order directing the lienor within a time specified in the order to
deliver to the petitioner the statement required by this section. Two
days' notice in writing of such application shall be served upon the
lienor. Such service shall be made in the manner provided by law for the
personal service of a summons. The court or a justice or judge thereof
shall hear the parties and upon being satisfied that the lienor has
failed, neglected or refused to comply with the requirements of this
section shall have an appropriate order directing such compliance. In
case the lienor fails to comply with the order so made within the time
specified, then upon five days' notice to the lienor, served in the
manner provided by law for the personal service of a summons, the court
or a justice or judge thereof may make an order cancelling the lien.
§ 21. Section 39 of the lien law, as added by chapter 859 of the laws
of 1930, is amended to read as follows:
§ 39. Lien wilfully exaggerated is void. In any action or proceeding
to enforce a [mechanic's] lien upon a private or public improvement or
in which the validity of the lien is an issue, if the court shall find
that a lienor has wilfully exaggerated the amount for which he claims a
lien as stated in his notice of lien, his lien shall be declared to be
void and no recovery shall be had thereon. No such lienor shall have a
right to file any other or further lien for the same claim. A second or
subsequent lien filed in contravention of this section may be vacated
upon application to the court on two days' notice.
§ 22. Section 40 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 40. Construction of article. This article is to be construed in
connection with article two of this chapter, and provides proceedings
for the enforcement of EMPLOYEE'S LIENS ON REAL PROPERTY, AS WELL AS
liens for labor performed and materials furnished in the improvement of
real property, created by virtue of such article.
§ 23. Section 41 of the lien law, as amended by chapter 807 of the
laws of 1952, is amended to read as follows:
§ 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
mechanic's lien OR EMPLOYEE'S LIEN on real property may be enforced
against such property, and against a person liable for the debt upon
which the lien is founded, by an action, by the lienor, his assignee or
legal representative, in the supreme court or in a county court other-
wise having jurisdiction, regardless of the amount of such debt, or in a
court which has jurisdiction in an action founded on a contract for a
sum of money equivalent to the amount of such debt.
§ 24. Section 43 of the lien law, as amended by chapter 310 of the
laws of 1962, is amended to read as follows:
§ 43. Action in a court of record; consolidation of actions. The
provisions of the real property actions and proceedings law relating to
actions for the foreclosure of a mortgage upon real property, and the
sale and the distribution of the proceeds thereof apply to actions in a
court of record, to enforce mechanics' liens AND EMPLOYEES' LIENS on
A. 3006--B 109
real property, except as otherwise provided in this article. If actions
are brought by different lienors in a court of record, the court in
which the first action was brought, may, upon its own motion, or upon
the application of any party in any of such actions, consolidate all of
such actions.
§ 25. Section 46 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 46. Action in a court not of record. If an action to enforce a
mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
court not of record, it shall be commenced by the personal service upon
the owner of a summons and complaint verified in the same manner as a
complaint in an action in a court of record. The complaint must set
forth substantially the facts contained in the notice of lien, and the
substance of the agreement under which the labor was performed or the
materials were furnished, OR IF THE LIEN IS BASED UPON A WAGE CLAIM AS
DEFINED IN SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH WAGE CLAIM.
The form and contents of the summons shall be the same as provided by
law for the commencement of an action upon a contract in such court. The
summons must be returnable not less than twelve nor more than twenty
days after the date of the summons, or if service is made by publica-
tion, after the day of the last publication of the summons. Service
must be made at least eight days before the return day.
§ 26. Section 50 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 50. Execution. Execution may be issued upon a judgment obtained in
an action to enforce a mechanic's lien OR AN EMPLOYEE'S LIEN against
real property in a court not of record, which shall direct the officer
to sell the title and interest of the owner in the premises, upon which
the lien set forth in the complaint existed at the time of filing the
notice of lien.
§ 27. Section 53 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 53. Costs and disbursements. If an action is brought to enforce a
mechanic's lien OR AN EMPLOYEE'S LIEN against real property in a court
of record, the costs and disbursements shall rest in the discretion of
the court, and may be awarded to the prevailing party. The judgment
rendered in such an action shall include the amount of such costs and
specify to whom and by whom the costs are to be paid. If such action is
brought in a court not of record, they shall be the same as allowed in
civil actions in such court. The expenses incurred in serving the
summons by publication may be added to the amount of costs now allowed
in such court.
§ 28. Section 59 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
deposit, by order of court. 1. A mechanic's lien notice of which has
been filed on real property or a bond given to discharge the same may be
vacated and cancelled or a deposit made to discharge a lien pursuant to
section twenty OF THIS CHAPTER may be returned, by an order of a court
of record. Before such order shall be granted, a notice shall be served
upon the lienor, either personally or by leaving it as his last known
place of residence, with a person of suitable age, with directions to
deliver it to the lienor. Such notice shall require the lienor to
commence an action to enforce the lien, within a time specified in the
notice, not less than thirty days from the time of service, or show
cause at a special term of a court of record, or at a county court, in a
A. 3006--B 110
county in which the property is situated, at a time and place specified
therein, why the notice of lien filed or the bond given should not be
vacated and cancelled, or the deposit returned, as the case may be.
Proof of such service and that the lienor has not commenced the action
to foreclose such lien, as directed in the notice, shall be made by
affidavit, at the time of applying for such order.
2. AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR A
DEPOSIT MADE TO DISCHARGE A LIEN PURSUANT TO SECTION TWENTY OF THIS
CHAPTER MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD. BEFORE SUCH
ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
PERSONALLY OR BY LEAVING IT AT HIS LAST KNOWN PLACE OF RESIDENCE OR
ATTORNEY'S PLACE OF BUSINESS, WITH A PERSON OF SUITABLE AGE, WITH
DIRECTIONS TO DELIVER IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE
LIENOR TO COMMENCE AN ACTION TO ENFORCE THE LIEN, OR TO COMMENCE AN
ACTION TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON WHICH THE LIEN WAS
ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY
DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A
COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
IS SITUATED, AT A TIME AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF
LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE
DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE
LIENOR HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION
TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON WHICH THE LIEN WAS ESTAB-
LISHED, AS DIRECTED IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE
TIME OF APPLYING FOR SUCH ORDER.
§ 29. Section 62 of the lien law, as amended by chapter 697 of the
laws of 1934, is amended to read as follows:
§ 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
a public improvement, may at any time up to and including the day
preceding the day on which the trial of such action is commenced, make
application upon notice to the plaintiff or his attorney in such action,
to be made a party therein. Upon good cause shown, the court must order
such lienor to be brought in by amendment. If the application is made by
any other party in said action to make such lienor or other person a
party, the court may in its discretion direct such lienor or other
person to be brought in by like amendment. The order to be entered on
such application shall provide the time for and manner of serving the
pleading of such additional lienor or other person and shall direct that
the pleadings, papers and proceedings of the other several parties in
such action, shall be deemed amended, so as not to require the making or
serving of papers other than said order to effectuate such amendment,
and shall further provide that the allegations in the answer of such
additional lienor or other person shall, for the purposes of the action,
be deemed denied by the other parties therein. The action shall be so
conducted by the court as not to cause substantially any delay in the
trial thereof. The bringing in of such additional lienor or other
person shall be without prejudice to the proceedings had, and if the
action be on the calendar of the court, same shall retain its place on
such calendar without the necessity of serving a new note of issue and
new notices of trial.
§ 30. Subdivision 5 of section 6201 of the civil practice law and
rules, as amended by chapter 860 of the laws of 1977 and as renumbered
A. 3006--B 111
by chapter 618 of the laws of 1992, is amended and a new subdivision 6
is added to read as follows:
5. the cause of action is based on a judgment, decree or order of a
court of the United States or of any other court which is entitled to
full faith and credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF THIS CHAPTER;
OR
6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF
UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID
BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED
PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
MENT CONTRACT.
§ 31. Section 6210 of the civil practice law and rules, as added by
chapter 860 of the laws of 1977, is amended to read as follows:
§ 6210. Order of attachment on notice; temporary restraining order;
contents. Upon a motion on notice for an order of attachment, the court
may, without notice to the defendant, grant a temporary restraining
order prohibiting the transfer of assets by a garnishee as provided in
subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
SUBDIVISION SIX OF SECTION 6201, AND IF THE EMPLOYER CONTESTS THE
MOTION, THE COURT SHALL HOLD A HEARING WITHIN TEN DAYS OF WHEN THE
EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR ATTACHMENT IS DUE. The
contents of the order of attachment granted pursuant to this section
shall be as provided in subdivision (a) of section 6211.
§ 32. Subdivision (b) of section 6211 of the civil practice law and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
(b) Confirmation of order. Except where an order of attachment is
granted on the ground specified in subdivision one OR SIX of section
6201, an order of attachment granted without notice shall provide that
within a period not to exceed five days after levy, the plaintiff shall
move, on such notice as the court shall direct to the defendant, the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment. Where an order of attachment without notice is granted on
the ground specified in subdivision one OR SIX of section 6201, the
court shall direct that the statement required by section 6219 be served
within five days, that a copy thereof be served upon the plaintiff, and
the plaintiff shall move within ten days after levy for an order
confirming the order of attachment. If the plaintiff upon such motion
shall show that the statement has not been served and that the plaintiff
will be unable to satisfy the requirement of subdivision (b) of section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
the order of attachment and any levy thereunder shall have no further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions of subdivision (b) of section 6223 shall apply. An order of
attachment granted without notice may provide that the sheriff refrain
A. 3006--B 112
from taking any property levied upon into his actual custody, pending
further order of the court.
§ 33. Subdivisions (b) and (e) of rule 6212 of the civil practice law
and rules, subdivision (b) as separately amended by chapters 15 and 860
of the laws of 1977 and subdivision (e) as added by chapter 860 of the
laws of 1977, are amended to read as follows:
(b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion
for an order of attachment, the plaintiff shall give an undertaking, in
a total amount fixed by the court, but not less than five hundred
dollars, a specified part thereof conditioned that the plaintiff shall
pay to the defendant all costs and damages, including reasonable attor-
ney's fees, which may be sustained by reason of the attachment if the
defendant recovers judgment or if it is finally decided that the plain-
tiff was not entitled to an attachment of the defendant's property, and
the balance conditioned that the plaintiff shall pay to the sheriff all
of his allowable fees.
2. ON A MOTION FOR AN ATTACHMENT PURSUANT TO SUBDIVISION SIX OF
SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
(e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON
THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
shall be liable to the defendant for all costs and damages, including
reasonable attorney's fees, which may be sustained by reason of the
attachment if the defendant recovers judgment, or if it is finally
decided that the plaintiff was not entitled to an attachment of the
defendant's property. Plaintiff's liability shall not be limited by the
amount of the undertaking.
§ 34. Section 6223 of the civil practice law and rules, as amended by
chapter 860 of the laws of 1977, is amended to read as follows:
§ 6223. Vacating or modifying attachment. (a) Motion to vacate or
modify. Prior to the application of property or debt to the satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest in the property or debt may move, on notice to each party and
the sheriff, for an order vacating or modifying the order of attachment.
Upon the motion, the court may give the plaintiff a reasonable opportu-
nity to correct any defect. [If] EXCEPT AS PROVIDED UNDER SUBDIVISION
(B), IF, after the defendant has appeared in the action, the court
determines that the attachment is unnecessary to the security of the
plaintiff, it shall vacate the order of attachment. Such a motion shall
not of itself constitute an appearance in the action.
(b) Burden of proof. [Upon] EXCEPT WHERE AN ORDER OF ATTACHMENT IS
GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, UPON a motion to
vacate or modify an order of attachment the plaintiff shall have the
burden of establishing the grounds for the attachment, the need for
continuing the levy and the probability that he will succeed on the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE DEFENDANT SHALL HAVE
THE BURDEN TO DEMONSTRATE THAT THE ATTACHMENT IS UNNECESSARY TO THE
SECURITY OF THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY THE ATTACHMENT
ORDER.
A. 3006--B 113
§ 35. Paragraph (b) of section 624 of the business corporation law, as
amended by chapter 449 of the laws of 1997, is amended to read as
follows:
(b) Any person who shall have been a shareholder of record of a corpo-
ration, OR WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
upon at least five days' written demand shall have the right to examine
in person or by agent or attorney, during usual business hours, its
minutes of the proceedings of its shareholders and record of sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such person's interest as a shareholder, LABORER, SERVANT OR EMPLOYEE.
Holders of voting trust certificates representing shares of the corpo-
ration shall be regarded as shareholders for the purpose of this
section. Any such agent or attorney shall be authorized in a writing
that satisfies the requirements of a writing under paragraph (b) of
section 609 (Proxies). A corporation requested to provide information
pursuant to this paragraph shall make available such information in
written form and in any other format in which such information is main-
tained by the corporation and shall not be required to provide such
information in any other format. If a request made pursuant to this
paragraph includes a request to furnish information regarding beneficial
owners, the corporation shall make available such information in its
possession regarding beneficial owners as is provided to the corporation
by a registered broker or dealer or a bank, association or other entity
that exercises fiduciary powers in connection with the forwarding of
information to such owners. The corporation shall not be required to
obtain information about beneficial owners not in its possession.
§ 36. Section 630 of the business corporation law, paragraph (a) as
amended by chapter 5 of the laws of 2016, paragraph (c) as amended by
chapter 746 of the laws of 1963, is amended to read as follows:
§ 630. Liability of shareholders for wages due to laborers, servants or
employees.
(a) The ten largest shareholders, as determined by the fair value of
their beneficial interest as of the beginning of the period during which
the unpaid services referred to in this section are performed, of every
domestic corporation or of any foreign corporation, when the unpaid
services were performed in the state, no shares of which are listed on a
national securities exchange or regularly quoted in an over-the-counter
market by one or more members of a national or an affiliated securities
association, shall jointly and severally be personally liable for all
debts, wages or salaries due and owing to any of its laborers, servants
or employees other than contractors, for services performed by them for
such corporation. [Before such laborer, servant or employee shall charge
such shareholder for such services, he shall give notice in writing to
such shareholder that he intends to hold him liable under this section.
Such notice shall be given within one hundred and eighty days after
termination of such services, except that if, within such period, the
laborer, servant or employee demands an examination of the record of
shareholders under paragraph (b) of section 624 (Books and records;
right of inspection, prima facie evidence) of this article, such notice
may be given within sixty days after he has been given the opportunity
to examine the record of shareholders. An action to enforce such liabil-
ity shall be commenced within ninety days after the return of an
execution unsatisfied against the corporation upon a judgment recovered
against it for such services.] The provisions of this paragraph shall
not apply to an investment company registered as such under an act of
congress entitled "Investment Company Act of 1940."
A. 3006--B 114
(b) For the purposes of this section, wages or salaries shall mean all
compensation and benefits payable by an employer to or for the account
of the employee for personal services rendered by such employee INCLUD-
ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S
FEES OR COSTS. These shall specifically include but not be limited to
salaries, overtime, vacation, holiday and severance pay; employer
contributions to or payments of insurance or welfare benefits; employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
(c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders liable under this section with respect to the excess so paid,
over and above his pro rata share, and may sue them jointly or severally
or any number of them to recover the amount due from them. Such recov-
ery may be had in a separate action. As used in this paragraph, "pro
rata" means in proportion to beneficial share interest. Before a share-
holder may claim contribution from other shareholders under this para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant or employee under paragraph (a),] give them notice in writing that
he intends to hold them so liable to him. Such notice shall be given by
him within twenty days after the date that [notice was given to him by]
HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
LIABLE under paragraph (a).
§ 37. This act shall take effect immediately with respect to liabil-
ities owed to laborers, servants or employees whose services had not
been terminated more than one hundred eighty days prior to the effective
date of this act.
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 OF THIS ACT THAT ARE COMMENCED IN FAMILY COURT.
§ 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
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.
§ 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
A. 3006--B 115
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.
(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 OF THIS ACT.
§ 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 125.25 (MURDER IN THE SECOND DEGREE)
OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR
A. 3006--B 116
(II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF AGE
WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
ADULT; OR
(III) SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED A VIOLATION OF
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
IC BEVERAGE CONTROL LAW PROVIDED, HOWEVER, THAT SUCH PERSON SHALL ONLY
BE DEEMED TO BE A JUVENILE DELINQUENT FOR THE PURPOSES OF IMPOSING
LICENSE SANCTIONS IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION 352.2
OF THIS ARTICLE; 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.
§ 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, SIXTEEN, OR
SEVENTEEN years of age; or such conduct committed as a sexually moti-
vated 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, SIXTEEN, OR 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, SIXTEEN, OR SEVENTEEN years of age; or such
conduct committed as a sexually motivated 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, SIXTEEN OR SEVENTEEN 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 paragraph (i), (ii), or (iii) of this
A. 3006--B 117
subdivision regardless of the age of such person at the time of the
commission of the prior act; [or] (vi) other than a misdemeanor commit-
ted by a person at least [seven] TWELVE but less than [sixteen] 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) DEFINED IN
SECTION 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF
TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
ICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE
OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 120.11
(AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER); 125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.17 (INTIMIDATING A
VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A
WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE
FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE);
490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40
(CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE);
490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
THE THIRD DEGREE) OF THE PENAL LAW; OR A FELONY SEX OFFENSE AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80 OF THE PENAL LAW.
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.
§ 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.
§ 6-a. Section 302.1 of the family court act is amended by adding a
new subdivision 3 to read as follows:
3. WHENEVER A CRIME AND A TRAFFIC INFRACTION ARISE OUT OF THE SAME
TRANSACTION OR OCCURRENCE, A CHARGE ALLEGING BOTH OFFENSES MAY BE MADE
RETURNABLE BEFORE THE COURT HAVING JURISDICTION OVER THE CRIME. NOTHING
HEREIN PROVIDED SHALL BE CONSTRUED TO PREVENT A COURT, HAVING JURISDIC-
TION OVER A CRIMINAL CHARGE RELATING TO TRAFFIC OR A TRAFFIC INFRACTION,
FROM LAWFULLY ENTERING A JUDGMENT OF CONVICTION, WHETHER OR NOT BASED ON
A PLEA OF GUILTY, FOR AN OFFENSE CLASSIFIED AS A TRAFFIC INFRACTION.
§ 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:
§ 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
A. 3006--B 118
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.
§ 8. Intentionally omitted.
§ 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.
§ 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:
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.
§ 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
§ 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]
A. 3006--B 119
(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.
§ 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:
§ 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
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 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 INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
(II) 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; OR
(B) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMITTED
ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
(I) 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;
(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 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
A. 3006--B 120
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.
§ 14. 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:
§ 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
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,] SHALL ATTEMPT TO adjust [suitable cases] A CASE before
a petition is filed. 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 ACTIV-
ITIES. THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE
IF IT DETERMINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD
WILL BENEFIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR
ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED.
(B) 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.
(C) 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
A. 3006--B 121
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[,] OR 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 child allegedly committed an act which would be a crime spec-
ified 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-
A. 3006--B 122
five of the criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
APPROVAL OF THE COURT.
14. WHERE WRITTEN APPROVAL IS REQUIRED PRIOR TO ADJUSTMENT ATTEMPTS,
THE PROBATION DEPARTMENT SHALL SEEK SUCH APPROVAL.
§ 15. 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;
§ 16. 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.
§ 17. Subdivision 3 of section 320.5 of the family court act is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT
SHALL NOT DIRECT DETENTION IF:
(I) 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;
AND
(2) 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; OR
(II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY 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 CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(3) 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 TO ANOTHER PERSON; AND
(4) 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.
§ 18. Subdivision 5 of section 322.2 of the family court act, as added
by chapter 920 of the laws of 1982, paragraph (a) as amended by chapter
37 of the laws of 2016 and paragraph (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 THE OFFICE FOR PEOPLE 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 application 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
A. 3006--B 123
chief administrator of the courts. At that time, the commissioner must
give written notice of the application to the respondent, the counsel
representing the respondent and the mental hygiene legal service if the
respondent is at a residential facility. Upon receipt of such applica-
tion, the court must conduct a hearing to determine the issue of capaci-
ty. If, at the conclusion of a hearing conducted pursuant to this subdi-
vision, the court finds that the respondent is no longer incapacitated,
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 reasonable period
of time necessary to determine whether the respondent will attain the
capacity to proceed to a fact finding hearing in the foreseeable future
but in no event shall continue beyond the respondent's eighteenth birth-
day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT
WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY.
(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.
§ 19. 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, are amended to read as
follows:
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-
A. 3006--B 124
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 of section 180.75 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 respondent 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 inde-
pendent, de novo discretion with respect to release or detention as set
forth in section 320.5.
§ 20. 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.
§ 21. Subdivision 2 of section 351.1 of the family court act, as
amended by chapter 880 of the laws of 1985, is amended to read as
follows:
2. Following a determination that a respondent committed a crime and
prior to the dispositional hearing, the court shall order a probation
investigation, A RISK AND NEEDS ASSESSMENT, and may order a diagnostic
assessment. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT
SHALL RECOMMEND TO THE COURT THAT THE RESPONDENT PARTICIPATE IN ANY
SERVICES NECESSARY TO MITIGATE IDENTIFIED RISKS AND ADDRESS INDIVIDUAL
NEEDS.
§ 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:
A. 3006--B 125
(I) 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;
AND
(2) 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; OR
(II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY 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 CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(3) 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 TO ANOTHER PERSON; AND
(4) 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.
§ 22-a. Section 352.2 of the family court act is amended by adding a
new subdivision 4 to read as follows:
4. WHERE A YOUTH RECEIVES A JUVENILE DELINQUENCY ADJUDICATION FOR
CONDUCT COMMITTED WHEN THE YOUTH WAS AGE SIXTEEN OR OLDER THAT WOULD
CONSTITUTE A CRIME UNDER THE VEHICLE AND TRAFFIC LAW, OR A VIOLATION OF
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL-
IC BEVERAGE CONTROL LAW, THE COURT SHALL NOTIFY THE COMMISSIONER OF
MOTOR VEHICLES OF SUCH ADJUDICATION. WHERE A YOUTH RECEIVES A JUVENILE
DELINQUENCY ADJUDICATION FOR CONDUCT THAT WOULD CONSTITUTE A VIOLATION
OF ANY OTHER PROVISION OF LAW WHICH ALLOWS FOR THE IMPOSITION OF A
LICENSE AND REGISTRATION SANCTION, THE COURT SHALL NOTIFY THE COMMIS-
SIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION. THE COURT SHALL HAVE THE
POWER TO IMPOSE ANY SUSPENSION OR REVOCATION OF DRIVING PRIVILEGES,
IGNITION INTERLOCK DEVICES, ANY DRUG OR ALCOHOL REHABILITATION PROGRAM,
VICTIM IMPACT PROGRAM, DRIVER RESPONSIBILITY ASSESSMENT, VICTIM ASSIST-
ANCE FEE, AND SURCHARGE AS IS OTHERWISE REQUIRED UPON A CONVICTION OF A
CRIME UNDER THE VEHICLE AND TRAFFIC LAW, OR AN OFFENSE FOR WHICH A
LICENSE SANCTION IS REQUIRED, AND, FURTHER, SHALL NOTIFY THE COMMISSION-
ER OF MOTOR VEHICLES OF SAID SUSPENSION OR REVOCATION.
§ 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
A. 3006--B 126
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.
§ 23-a. Paragraph (e) of subdivision 2 of section 353.2 of the family
court act, as amended by chapter 124 of the laws of 1993, is amended to
read as follows:
(e) co-operate with a mental health, social services or other appro-
priate community facility or agency to which the respondent is referred,
INCLUDING A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
SIX OF THE SOCIAL SERVICES LAW;
§ 23-b. 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].
§ 24. The opening paragraph of subparagraph (iii) of paragraph (a) and
paragraph (d) of subdivision 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, are amended to read as follows:
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
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.
A. 3006--B 127
§ 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.
§ 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:
§ 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:
§ 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
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-
A. 3006--B 128
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
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.
§ 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
A. 3006--B 129
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.
§ 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.
§ 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.
§ 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 OR HER first appearance following the filing of
a petition of violation the court must: (a) advise the respondent of the
contents of the petition and furnish him OR HER with a copy thereof; (b)
determine 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 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; and (c) ask the respondent whether he OR SHE wishes to make any
statement 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 determin-
ing whether a statement should be accepted. If the court does not accept
such statement or if the respondent does not make a statement, the court
shall proceed with the hearing. Upon request, the court shall grant a
reasonable adjournment to the respondent to enable him OR HER 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
A. 3006--B 130
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.
§ 32. Subdivision 6 of section 375.2 of the family court act, as
added by chapter 926 of the laws of 1982 and renumbered by chapter 398
of the laws of 1983, is amended to read as follows:
6. Such a motion cannot be filed until the respondent's [sixteenth]
EIGHTEENTH birthday.
§ 32-a. 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 and 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:
§ 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
executive law] IN A FOSTER CARE PROGRAM CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY BOARDING
HOME, OR IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, A FOSTER
CARE FACILITY ESTABLISHED AND MAINTAINED PURSUANT TO SOCIAL SERVICES
LAW.
(c) "[Secure detention] DETENTION facility". A facility [characterized
by physically restricting construction, hardware and procedures] OPER-
ATED IN ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THE EXECUTIVE LAW.
(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 violated a law or is
incorrigible, ungovernable or habitually disobedient and beyond the
control of his parents, guardian or legal custodian.
[(f)] (E) "Dispositional hearing". A hearing to determine whether the
respondent requires supervision or treatment.
A. 3006--B 131
[(g)] (F) "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)] (G) "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)] (H) "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)] (I) "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)] (J) "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)] (K) "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)] (L) "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.
(M) "FAMILY SUPPORT CENTER". A PROGRAM ESTABLISHED PURSUANT TO TITLE
TWELVE OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
§ 33. 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
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 amended to read as follows:
§ 720. Detention. 1. No child to whom the provisions of this article
may apply, shall be detained in any prison, jail, lockup, or other place
A. 3006--B 132
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 CONTINUATION IN THE HOME WOULD NOT BE
APPROPRIATE BECAUSE SUCH CONTINUATION WOULD (A) CONTINUE OR WORSEN THE
CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION, OR THAT CREATED THE
NEED FOR A PETITION TO BE SOUGHT OR (B) CREATE A SAFETY RISK TO THE
CHILD OR THE CHILD'S FAMILY and that all OTHER 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.
§ 33-a. Section 727 of the family court act, as amended by chapter 920
of the laws of 1982, subdivisions (a) and (b) as amended by chapter 419
of the laws of 1987, is amended to read as follows:
§ 727. Rules of court authorizing release before filing of petition.
(a) The agency responsible for operating a [detention facility] FOSTER
CARE PROGRAM CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR
A CERTIFIED OR APPROVED FAMILY BOARDING HOME, or in a city of one
million or more, the agency responsible for operating a foster care
facility, may release a child in custody before the filing of a petition
to the custody of his parents or other relative, guardian or legal
custodian when the events occasioning the taking into custody appear to
involve a petition to determine whether a person is in need of super-
A. 3006--B 133
vision rather than a petition to determine whether a person is a juve-
nile delinquent.
(b) When a release is made under this section such release may, but
need not, be conditioned upon the giving of a recognizance in accord
with PARAGRAPH (I) OF SUBDIVISION (B) OF section seven hundred twenty-
four [(b) (i)] OF THIS PART.
(c) If the probation service for any reason does not release a child
under this section, the child shall promptly be brought before a judge
of the court, if practicable, and section seven hundred twenty-eight OF
THIS PART shall apply.
§ 34. 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:
§ 728. Discharge, 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, THAT
CONTINUATION IN THE HOME WOULD NOT BE APPROPRIATE BECAUSE SUCH CONTINUA-
TION WOULD (A) CONTINUE OR WORSEN THE CIRCUMSTANCES ALLEGED IN THE
UNDERLYING PETITION, OR THAT CREATED THE NEED FOR A PETITION TO BE
SOUGHT OR (B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY
and that all OTHER 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
A. 3006--B 134
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.
§ 35. 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, paragraph (i) of subdivision (d) as
amended by chapter 535 of the laws of 2011, and subdivision (h) as
amended by chapter 499 of the laws of 2015, is amended to read as
follows:
§ 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 appro-
priate alternatives to detention and to divert youth from being the
subject of a petition in family court. Each county and such city shall
designate either the local social services district or the probation
department as lead agency for the purposes of providing diversion
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;
(VI) DETERMINE WHETHER THE YOUTH AND HIS OR HER FAMILY SHOULD BE
REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; [and]
(VII) ASSESS WHETHER REMAINING IN THE HOME WOULD CAUSE THE CONTINUA-
TION OR WORSENING OF THE CIRCUMSTANCES THAT CREATED THE NEED FOR A PETI-
TION TO BE SOUGHT, OR CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S
FAMILY; AND
[(v)] (VIII) 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 assess-
A. 3006--B 135
ment 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 alcoholism 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,
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
A. 3006--B 136
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:
(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 has been referred,
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.
§ 36. Subdivision (b) of section 742 of the family court act, as
amended by section 9 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(b) At the initial appearance of the respondent, the court shall
review any termination of diversion services pursuant to such section,
and the documentation of diligent attempts to provide appropriate
services and determine whether such efforts or services provided are
sufficient [and]. THE COURT may, AT ANY TIME, subject to the provisions
A. 3006--B 137
of section seven hundred forty-eight of this article, order that addi-
tional diversion attempts be undertaken by the designated lead agency.
The court may order the youth and the parent or other person legally
responsible for the youth to participate in diversion services. If the
designated lead agency thereafter determines that the case has been
successfully resolved, it shall so notify the court, and the court shall
dismiss the petition.
§ 37. Subdivision (a) of section 749 of the family court act, as
amended by section 4 of part V of chapter 55 of the laws of 2012, is
amended to read as follows:
(a) (i) Upon or after a fact-finding hearing, the court may, upon its
own motion or upon a motion of a party to the proceeding, order that the
proceeding be "adjourned in contemplation of dismissal". An adjournment
in contemplation of dismissal is an adjournment of the proceeding, for a
period not to exceed six months with a view to ultimate dismissal of the
petition in furtherance of justice. Upon issuing such an order, upon
such permissible terms and conditions as the rules of court shall
define, the court must release the individual.
(ii) The court may, as a condition of an adjournment in contemplation
of dismissal order: (A) in cases where the record indicates that the
consumption of alcohol may have been a contributing factor, require the
respondent to attend and complete an alcohol awareness program estab-
lished pursuant to section 19.25 of the mental hygiene law; or (B) in
cases where the record indicates that cyberbullying or sexting was the
basis of the petition, require an eligible person to complete an educa-
tion reform program in accordance with section four hundred
fifty-eight-l of the social services law; OR (C) PARTICIPATE IN SERVICES
INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY FAMILY SUPPORT CENTERS.
(iii) Upon application of the petitioner, or upon the court's own
motion, made at any time during the duration of the order, the court may
restore the matter to the calendar. If the proceeding is not so
restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.
§ 38. Section 751 of the family court act, as amended by chapter 100
of the laws of 1993, is amended to read as follows:
§ 751. Order dismissing petition. If the allegations of a petition
under this article are not established, the court shall dismiss the
petition. The court may in its discretion dismiss a petition under this
article, in the interests of justice where attempts have been made to
adjust the case as provided for in sections seven hundred thirty-five
and seven hundred forty-two of this article and the probation service
has exhausted its efforts to successfully adjust such case as a result
of the petition's failure to provide reasonable assistance to the
probation service. IN DISMISSING A PETITION PURSUANT TO THIS SECTION,
THE COURT SHALL CONSIDER WHETHER A REFERRAL OF SERVICES WOULD BE APPRO-
PRIATE TO MEET THE NEEDS OF THE RESPONDENT AND HIS OR HER FAMILY.
§ 39. Section 754 of the family court act, subdivision 1 as designated
by chapter 878 of the laws of 1976, paragraph (c) of subdivision 1 as
amended by section 4 of part V of chapter 383 of the laws of 2001, the
closing paragraph of subdivision 1 as added by section 5 of part V of
chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
the laws of 1999, subparagraph (ii) of paragraph (a) of subdivision 2 as
amended by section 20 and the closing paragraph of paragraph (b) of
subdivision 2 as amended by section 21 of part L of chapter 56 of the
laws of 2015, is amended to read as follows:
A. 3006--B 138
§ 754. Disposition on adjudication of person in need of supervision.
1. Upon an adjudication of person in need of supervision, the court
shall enter an order of disposition:
(a) Discharging the respondent with warning;
(b) Suspending judgment in accord with section seven hundred fifty-
five OF THIS PART;
(c) Continuing the proceeding and placing the respondent in accord
with section seven hundred fifty-six OF THIS PART; provided, however,
that the court shall not place the respondent in accord with section
seven hundred fifty-six where the respondent is sixteen years of age or
older, unless the court determines and states in its order that special
circumstances exist to warrant such placement; or
(d) Putting the respondent on probation in accord with section seven
hundred fifty-seven OF THIS PART.
The court may order an eligible person to complete an education reform
program in accordance with section four hundred fifty-eight-l of the
social services law, as part of a disposition pursuant to paragraph (a),
(b) or (d) of this subdivision. THE COURT MAY ALSO ORDER SERVICES,
INCLUDING THOSE PROVIDED BY A FAMILY SUPPORT CENTER, AS PART OF A DISPO-
SITION PURSUANT TO PARAGRAPH (A), (B) OR (D) OF THIS SUBDIVISION.
2. (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT ORDER PLACEMENT WITH THE LOCAL COMMISSIONER OF SOCIAL
SERVICES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART UNLESS
THE COURT FINDS AND STATES IN WRITING THAT:
(I) NO APPROPRIATE SUITABLE RELATIVE OR SUITABLE PRIVATE PERSON IS
AVAILABLE FOR PLACEMENT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF
THIS PART; AND
(II) PLACEMENT IN THE CHILD'S HOME WOULD NOT BE APPROPRIATE BECAUSE
SUCH PLACEMENT WOULD:
(A) CONTINUE OR WORSEN THE CIRCUMSTANCES ALLEGED IN THE UNDERLYING
PETITION OR,
(B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY.
(B) 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 fourteen, 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 to
modify the standards for directing detention set forth in section seven
hundred thirty-nine of this article.
[(b)] (C) For the purpose of this section, reasonable efforts to
prevent or eliminate the need for removing the child from the home of
the child or to make it possible for the child to return safely to the
home of the child shall not be required where the court determines that:
A. 3006--B 139
(i) the parent of such child has subjected the child to aggravated
circumstances, as defined in subdivision (g) of section seven hundred
twelve of this article;
(ii) the parent of such child has been convicted of (A) murder in the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child of the parent; or (B) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;
(iii) the parent of such child has been convicted of an attempt to
commit any of the crimes set forth in subparagraphs (i) and (ii) of this
paragraph, and the victim or intended victim was the child or another
child of the parent; or has been convicted of criminal solicitation as
defined in article one hundred, conspiracy as defined in article one
hundred five or criminal facilitation as defined in article one hundred
fifteen of the penal law for conspiring, soliciting or facilitating any
of the foregoing crimes, and the victim or intended victim was the child
or another child of the parent;
(iv) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, assault in the first degree
as defined in section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious phys-
ical injury to the child or another child of the parent;
(v) the parent of such child has been convicted in any other jurisdic-
tion of an offense which includes all of the essential elements of any
crime specified in subparagraph (ii), (iii) or (iv) of this paragraph,
and the victim of such offense was the child or another child of the
parent; or
(vi) the parental rights of the parent to a sibling of such child have
been involuntarily terminated;
unless the court determines that providing reasonable efforts would be
in the best interests of the child, not contrary to the health and safe-
ty of the child, and would likely result in the reunification of the
parent and the child in the foreseeable future. The court shall state
such findings in its order.
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 require-
ments 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
A. 3006--B 140
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.
[(c)] (D) For the purpose of this section, in determining reasonable
efforts to be made with respect to a child, and in making such reason-
able efforts, the child's health and safety shall be the paramount
concern.
[(d)] (E) For the purpose of this section, a sibling shall include a
half-sibling.
§ 40. Section 755 of the family court act, subdivision (a) as amended
by chapter 124 of the laws of 1993, is amended to read as follows:
§ 755. Suspended judgment. (a) Rules of court shall define permissible
terms and conditions of a suspended judgment. The court may order as a
condition of a suspended judgment restitution, SERVICES, INCLUDING THOSE
PROVIDED BY A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
SIX OF THE SOCIAL SERVICES LAW or services for public good pursuant to
section seven hundred fifty-eight-a, and[, except when the respondent
has been assigned to a facility in accordance with subdivision four of
section five hundred four of the executive law,] in cases wherein the
record indicates that the consumption of alcohol by the respondent may
have been a contributing factor, the court may order attendance at and
completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law.
(b) The maximum duration of any term or condition of a suspended judg-
ment is one year, unless the court finds at the conclusion of that peri-
od that exceptional circumstances require an additional period of one
year.
§ 41. 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:
§ 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 with the commissioner of the local
social services district, the court 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] NINETY DAYS. The court may extend a placement pursuant
A. 3006--B 141
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] THE court may direct detention pending transfer to a placement
authorized and ordered under this section for no more than [than
fifteen] TEN days after such order of placement is made. Such direction
shall be subject to extension pursuant to subdivision three of section
three hundred ninety-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.
§ 42. Section 756-a of the family court act, as added by chapter 604
of the laws of 1986, subdivision (a) as amended by chapter 309 of the
laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
of chapter 327 of the laws of 2007, subdivisions (c) and (e) as amended
by chapter 7 of the laws of 1999, paragraph (ii) of subdivision (d) as
amended by section 3 of part M of chapter 54 of the laws of 2016, para-
graphs (iii), (iv) and (v) of subdivision (d) as amended by section 23
and subdivision (d-1) as amended by section 24 of part L of chapter 56
of the laws of 2015, is amended to read as follows:
§ 756-a. Extension of placement. (a) In any case in which the child
has been placed pursuant to section seven hundred fifty-six, the child,
the person with whom the child has been placed or the commissioner of
social services may petition the court to extend such placement. Such
petition shall be filed at least [sixty] THIRTY days prior to the expi-
ration of the period of placement, except for good cause shown, but in
no event shall such petition be filed after the original expiration
date.
(b) The court shall conduct a permanency hearing concerning the need
for continuing the placement. The child, the person with whom the child
has been placed and the commissioner of social services shall be noti-
fied of such hearing and shall have the right to be heard thereat.
(c) The provisions of section seven hundred forty-five shall apply at
such permanency hearing. If the petition is filed within [sixty] THIRTY
days prior to the expiration of the period of placement, the court shall
first determine at such permanency hearing whether good cause has been
shown. If good cause is not shown, the court shall dismiss the petition.
(d) At the conclusion of the permanency hearing the court may, in its
discretion, order an extension of the placement for not more than [one
year] NINETY DAYS. The court must consider and determine in its order:
(i) where appropriate, that reasonable efforts were made to make it
possible for the child to safely return to his or her home, or if the
permanency plan for the child is adoption, guardianship or some other
permanent living arrangement other than reunification with the parent or
A. 3006--B 142
parents of the child, reasonable efforts are being made to make and
finalize such alternate permanent placement including consideration of
appropriate in-state and out-of-state placements;
(ii) in the case of a child who has attained the age of fourteen, (A)
the services needed, if any, to assist the child to make the transition
from foster care to successful adulthood; and (B)(1) that the permanency
plan developed for the child, and any revision or addition to the plan
shall be developed in consultation with the child and, at the option of
the child, with up to two additional members of the child's permanency
planning team who are selected by the child and who are not a foster
parent of, or case worker, case planner or case manager for, the child,
except that the local commissioner of social services with custody of
the child may reject an individual so selected by the child if such
commissioner has good cause to believe that the individual would not act
in the best interests of the child, and (2) that one individual so
selected by the child may be designated to be the child's advisor and,
as necessary, advocate with respect to the application of the reasonable
and prudent parent standard;
(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;
(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
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: (I) intensive, ongoing, and, as of the date of the hearing,
unsuccessful efforts made by the social services district 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 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 reasons for determining that it 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 will-
ing 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.
(d-1) At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan;
A. 3006--B 143
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.
(e) Pending final determination of a petition to extend such placement
filed in accordance with the provisions of this section, the court may,
on its own motion or at the request of the petitioner or respondent,
enter one or more temporary orders extending a period of placement not
to exceed thirty days upon satisfactory proof showing probable cause for
continuing such placement and that each temporary order is necessary.
The court may order additional temporary extensions, not to exceed a
total of fifteen days, if the court is unable to conclude the hearing
within the thirty day temporary extension period. In no event shall the
aggregate number of days in extensions granted or ordered under this
subdivision total more than forty-five days. The petition shall be
dismissed if a decision is not rendered within the period of placement
or any temporary extension thereof. Notwithstanding any provision of law
to the contrary, the initial permanency hearing shall be held within
[twelve months of the date the child was placed into care] A REASONABLE
PERIOD OF TIME PRIOR TO THE EXPIRATION OF THE INITIAL PERIOD OF PLACE-
MENT pursuant to section seven hundred fifty-six [of this article] and
no later than every twelve months thereafter. [For the purposes of this
section, the date the child was placed into care shall be sixty days
after the child was removed from his or her home in accordance with the
provisions of this section.]
(f) Successive extensions of placement under this section may be
granted, but no placement may be made or continued beyond the child's
eighteenth birthday without his or her consent and in no event past his
or her twenty-first birthday.
§ 43. Section 757 of the family court act is amended by adding a new
subdivision (e) to read as follows:
(E) THE COURT MAY ORDER SERVICES DEEMED APPROPRIATE TO ADDRESS THE
CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION INCLUDING SERVICES
PROVIDED BY FAMILY SUPPORT CENTERS.
§ 44. 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
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 read as follows:
§ 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
A. 3006--B 144
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. The court, upon receipt of the reports provided for in subdivision
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
should be altered or modified.
§ 45. Subdivision (f) of section 759 of the family court act, as
amended by section 11 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(f) to participate in family counseling or other professional coun-
seling activities, or other services, including SERVICES PROVIDED BY
FAMILY SUPPORT CENTERS, alternative dispute resolution services
conducted by an authorized person or an authorized agency to which the
youth has been referred or placed, deemed necessary for the rehabili-
tation of the youth, provided that such family counseling, other coun-
seling activity or other necessary services are not contrary to such
person's religious beliefs;
§ 46. Section 768 of the family court act is amended to read as
follows:
§ 768. Successive petitions. If a petition under section seven hundred
sixty-four is denied, it may not be renewed for a period of [ninety]
THIRTY days after the denial, unless the order of denial permits renewal
at an earlier time.
§ 47. Section 153-k of the social services law is amended by adding
two new subdivisions 2-a and 2-b to read as follows:
A. 3006--B 145
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE
SERVICES, INDEPENDENT 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 SEVENTEEN THAT INCREASED THE AGE OF
JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS ESTABLISHED
PURSUANT TO TITLE TWELVE OF THIS ARTICLE.
§ 48. 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.
§ 49. 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.
§ 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 YOUTH AT
RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
VISION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT, AND THEIR
FAMILIES. FAMILY SUPPORT CENTERS MAY ALSO PROVIDE COMMUNITY-BASED
SUPPORTIVE SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE JUVE-
NILE DELINQUENTS PURSUANT TO ARTICLE THREE 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, AS DEFINED IN SUBDIVISION
FIFTY-EIGHT OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, INCLUDING COGNI-
TIVE INTERVENTIONS;
(E) CASE MANAGEMENT;
(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-
A. 3006--B 146
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.
§ 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, 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 PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FAMILY
SUPPORT CENTERS SHALL BE ESTABLISHED IN EACH SOCIAL SERVICES DISTRICT
THROUGHOUT THE STATE WITH THE APPROVAL OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES, PROVIDED HOWEVER THAT TWO OR MORE SOCIAL SERVICES
DISTRICTS MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A FAMILY
SUPPORT CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THERE-
WITH.
3. SOCIAL SERVICES DISTRICTS MAY CONTRACT WITH NOT-FOR-PROFIT CORPO-
RATIONS OR UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY SUPPORT CENTERS
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
REQUIREMENTS ISSUED BY THE OFFICE. FAMILY SUPPORT CENTERS SHALL HAVE
SUFFICIENT CAPACITY TO PROVIDE SERVICES TO YOUTH WITHIN THE SOCIAL
SERVICES DISTRICT OR DISTRICTS WHO ARE AT RISK OF BECOMING, ALLEGED OR
ADJUDICATED TO BE PERSONS IN NEED OF SUPERVISION PURSUANT TO ARTICLE
SEVEN OF THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION, TO THE
EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
WHO ARE ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE FAMILY COURT
ACT.
4. 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.
§ 50. Subdivisions 3 and 11 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 11 as added by chapter 514 of the laws of
1976, 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.
(c) Receive within fifteen days from the order of placement as a
public charge any delinquent child committed or placed or IN THE CASE OF
A person in need of supervision placed, TEN DAYS, 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, OR IN THE CASE OF A PERSON IN NEED OF SUPERVISION, TEN
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.
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
A. 3006--B 147
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].
§ 51. 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
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
A. 3006--B 148
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) STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED
PERCENT OF ELIGIBLE 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 CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN 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
A. 3006--B 149
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.
§ 52. 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 previous-
ly placed in the care and custody or custody and guardianship of the
local commissioner of social services or other officer, board or depart-
ment 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.
A. 3006--B 150
§ 53. 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:
§ 30.00 Infancy.
1. Except as provided in [subdivision] SUBDIVISIONS two AND THREE of
this section, a person less than [sixteen] EIGHTEEN years old is not
criminally responsible for conduct.
2. A person thirteen, fourteen [or], fifteen, SIXTEEN, OR 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] THIS
CHAPTER; and a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
of age is criminally 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); 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] THIS CHAPTER.
3. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT UPON A POLICE
OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE
FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
121.13 (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS
CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION 70.80 OF THIS CHAPTER.
4. In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
§ 54. 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:
A. 3006--B 151
(2) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any felony, 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 article two hundred twenty of this chapter.
§ 55. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
§ 60.10 Authorized disposition; juvenile offender.
1. When a juvenile offender is convicted of a 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, as a previous or predicate felony offender under section 70.04,
70.06, 70.07, 70.08[, or 70.10,] OR 70.80 when sentencing a person who
commits a felony after [he] SUCH PERSON has reached the age of [sixteen]
EIGHTEEN.
§ 56. Paragraph (b) of subdivision 2 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and three
new paragraphs (b-1), (f) and (g) are added to read as follows:
(b) For [the] A class [A] A-I felony [of arson in the first degree, or
for the class A felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND DEGREE, the term shall be fixed by the court, and
shall be at least twelve years but shall not exceed fifteen years;
(B-1) FOR A CLASS A-II FELONY THE TERM SHALL BE FIXED BY THE COURT AND
SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FOURTEEN YEARS;
(F) FOR A CLASS E FELONY, THE TERM SHALL BE FIXED BY THE COURT AND
SHALL NOT EXCEED TWO YEARS;
(G) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE COURT MAY
SENTENCE A JUVENILE OFFENDER TO AN ALTERNATIVE SENTENCE, INCLUDING
PROBATION OR A DEFINITE SENTENCE OF IMPRISONMENT OF ONE YEAR OR LESS, IF
SUCH ALTERNATIVE SENTENCE IS AUTHORIZED BY LAW FOR A PERSON EIGHTEEN
YEARS OF AGE OR OLDER CONVICTED OF THE SAME OFFENSE.
§ 57. Paragraph (b) of subdivision 3 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and three
new paragraphs (b-1), (c-1) and (d) are added to read as follows:
(b) For [the] A class [A] A-I felony [of arson in the first degree, or
for the class A felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND 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
(B-1) FOR A CLASS A-II FELONY, THE MINIMUM PERIOD OF IMPRISONMENT
SHALL BE FIXED BY THE COURT AND SHALL BE NOT LESS THAN THREE YEARS BUT
SHALL NOT EXCEED FIVE YEARS; AND
(C-1) FOR A CLASS E FELONY, THE MINIMUM PERIOD OF IMPRISONMENT SHALL
BE FIXED BY THE COURT AT ONE YEAR.
(D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE COURT MAY
SENTENCE A JUVENILE OFFENDER TO AN ALTERNATIVE SENTENCE, INCLUDING
A. 3006--B 152
PROBATION OR A DEFINITE SENTENCE OF IMPRISONMENT OF ONE YEAR OR LESS, IF
SUCH ALTERNATIVE SENTENCE IS AUTHORIZED BY LAW FOR A PERSON EIGHTEEN
YEARS OF AGE OR OLDER CONVICTED OF THE SAME OFFENSE.
§ 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
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.]
§ 58-a. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part B of chapter 55 of the laws of 2015, is amended and a new subdivi-
sion d-1 is added to read as follows:
d. Sections one-a through EIGHT, TEN THROUGH twenty, twenty-four
through twenty-eight, thirty through thirty-nine, forty-two and forty-
four of this act shall be deemed repealed on September 1, 2017;
D-1. SECTION NINE OF THIS ACT SHALL BE DEEMED REPEALED ON SEPTEMBER 1,
2019;
§ 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.
A. 3006--B 153
[(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.]
§ 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 given an indeterminate 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 offen-
der 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 ADJUDICATED A YOUTHFUL OFFENDER 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 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 SEVENTEEN 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 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
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
A. 3006--B 154
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.
§ 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 felo-
ny, 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] A class A felony [of arson in the first degree or for the class A
felony of kidnapping in the first degree] OTHER THAN MURDER IN THE
SECOND 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 consecutive sentences is reduced
by a calculation made pursuant to this paragraph, 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.
§ 61. 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, SIXTEEN OR 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 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 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 pursuant to section 130.91 of [the penal law] THIS CHAPTER;
AND
(3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA-
VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM-
A. 3006--B 155
INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR
BIOLOGICAL WEAPON IN THE FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT UPON
A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN
THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
121.13 (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS
CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION 70.80 OF THIS CHAPTER.
§ 62. 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, SIXTEEN OR SEVENTEEN years old who is criminally respon-
sible 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 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 SEVENTEEN
YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES
DEFINED IN SECTION 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25
(CRIME OF TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55
(CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
DEGREE); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A PEACE
OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 215.17
(INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 265.04 (CRIMINAL
POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A
FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE
FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST
A. 3006--B 156
DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON
OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE
FIRST DEGREE); 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR
BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS CHAPTER; OR A FELONY SEX
OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80
OF THIS CHAPTER.
§ 63. The article heading of article 100 of the criminal procedure law
is amended to read as follows:
--COMMENCEMENT OF ACTION IN LOCAL
CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL
CRIMINAL COURT] ACCUSATORY INSTRUMENTS
§ 63-a. The opening paragraph of section 100.05 of the criminal proce-
dure law 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 is by the
filing therewith 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;
PROVIDED, HOWEVER, THAT WHEN THE CRIMINAL ACTION IS COMMENCED AGAINST A
JUVENILE OFFENDER, SUCH CRIMINAL ACTION, WHATEVER THE FORM OF COMMENCE-
MENT, SHALL BE FILED IN THE YOUTH PART OF THE SUPERIOR COURT OR, IF THE
YOUTH PART IS NOT IN SESSION, FILED WITH THE MOST ACCESSIBLE MAGISTRATE
DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLI-
CABLE DEPARTMENT TO ACT AS A YOUTH PART. Otherwise, a criminal action
can be commenced only in a local criminal court, by the filing therewith
of a local criminal court accusatory instrument, namely:
§ 63-b. The section heading and subdivision 5 of section 100.10 of the
criminal procedure law are amended to read as follows:
Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory
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.
§ 63-c. The section heading of section 100.40 of the criminal proce-
dure law is amended to read as follows:
Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory
instruments; sufficiency on face.
§ 63-d. The criminal procedure law is amended by adding a new section
100.60 to read as follows:
§ 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.
§ 63-e. The article heading of article 110 of the criminal procedure
law is amended to read as follows:
A. 3006--B 157
--REQUIRING DEFENDANT'S APPEARANCE
IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
FOR ARRAIGNMENT
§ 63-f. The section heading and subdivisions 1 and 2 of section 110.10
of the criminal procedure law are amended to read as follows:
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
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.
§ 63-g. Section 110.20 of the criminal procedure law, as amended by
chapter 843 of the laws of 1980, is amended to read as follows:
§ 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, other than the criminal court of the city of New
York, OR YOUTH PART OF THE SUPERIOR COURT, a copy of the accusatory
instrument shall be promptly transmitted to the appropriate district
attorney upon or prior to the arraignment of the defendant on the accu-
satory 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.
§ 63-h. The opening paragraph of subdivision 1 of section 120.20 of
the criminal procedure law, as amended by chapter 506 of the laws of
2000, 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:
A. 3006--B 158
§ 63-i. Section 120.30 of the criminal procedure law is amended to
read as follows:
§ 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
purpose of obtaining a warrant of arrest are determined, generally, by
the provisions of section 100.55 OR 100.60, AS APPLICABLE. 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 avail-
able at the time such instrument is sought to be filed and a warrant
obtained, such accusatory 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.
§ 63-j. Section 120.55 of the criminal procedure law, as amended by
section 71 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
§ 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.
§ 63-k. Subdivision 1 of section 120.70 of the criminal procedure law
is amended to read as follows:
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.
§ 63-l. Section 120.90 of the criminal procedure law, as amended by
chapter 424 of the laws of 1998, subdivision 8 as amended by chapter 96
of the laws of 2010, is amended to read as follows:
§ 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
A. 3006--B 159
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
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-
A. 3006--B 160
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
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
A. 3006--B 161
will compromise an ongoing investigation or the prosecution of the
defendant.
§ 63-l-1. Subdivision 1 of section 120.90 of the criminal procedure
law, as amended by chapter 492 of the laws of 2016, is amended to read
as follows:
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 or her for a felony in any
other county, a police officer, if he or she 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, provided that, where a local criminal court
in the county in which the warrant is returnable hereunder is operating
an off-hours arraignment part designated in accordance with paragraph
(w) of subdivision one of section two hundred twelve of the judiciary
law at the time of defendant's return, such police officer may bring the
defendant before such local criminal court.
§ 63-m. 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:
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.
§ 63-n. Section 130.30 of the criminal procedure law, as amended by
chapter 506 of the laws of 2000, is amended to read as follows:
§ 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.
§ 63-o. Subdivision 1 of section 140.20 of the criminal procedure law
is amended by adding a new paragraph (f) to read as follows:
(F) IF THE ARREST IS FOR 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.
§ 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:
A. 3006--B 162
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;
(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.
§ 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.
§ 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 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.
§ 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
A. 3006--B 163
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
(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.
§ 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.
A. 3006--B 164
§ 66-a. Section 150.40 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, ANY UNIFORM
TRAFFIC TICKET ISSUED TO A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE
PURSUANT TO A VIOLATION OF ANY PROVISION OF THE VEHICLE AND TRAFFIC LAW,
OR ANY LOCAL LAW, CONSTITUTING A TRAFFIC INFRACTION SHALL BE RETURNABLE
TO THE LOCAL CITY, TOWN, OR VILLAGE COURT, OR TRAFFIC VIOLATIONS BUREAU
HAVING JURISDICTION.
§ 67. The criminal procedure law is amended by adding a new section
160.56 to read as follows:
§ 160.56 SEALING OF CERTAIN CONVICTIONS.
1. DEFINITIONS: AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "ELIGIBLE OFFENSE" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS OF
THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-
THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
TWENTY-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 OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS
A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
LAW. FOR THE PURPOSES OF THIS SECTION, WHERE THE DEFENDANT IS CONVICTED
OF MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME CRIMI-
NAL TRANSACTION AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THIS
CHAPTER, THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
2. A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO ELIGIBLE OFFENSES
BUT NOT MORE THAN ONE FELONY OFFENSE MAY PETITION THE COURT IN WHICH HE
OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION
OR CONVICTIONS SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME CLAS-
SIFICATION, THE PETITION SHALL BE FILED IN THE COURT IN WHICH THE
DEFENDANT WAS LAST CONVICTED. ON THE DEFENDANT'S MOTION, THE COURT MAY
ORDER THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROS-
ECUTION AND CONVICTION FOR THE DEFENDANT'S PRIOR ELIGIBLE OFFENSES BE
CONDITIONALLY SEALED WHEN:
(A) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME, INCLUDING
CRIMES SEALED UNDER SECTION 160.58 OF THIS CHAPTER, OTHER THAN THE
ELIGIBLE OFFENSES;
(B) FOR A MISDEMEANOR, AT LEAST ONE YEAR HAS 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
(C) FOR AN ELIGIBLE FELONY, AT LEAST THREE YEARS HAVE PASSED SINCE:
THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDI-
TIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCAR-
CERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDI-
TIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR
CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERA-
TION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONG-
EST; AND
(D) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE DIVISION
OF CRIMINAL JUSTICE SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A
FINGERPRINT BASED CRIMINAL HISTORY RECORD OF THE DEFENDANT, INCLUDING
A. 3006--B 165
ANY SEALED OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE
FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
TION THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION IS HEREBY
AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
TIGATION FOR THIS PURPOSE. THE PARTIES SHALL BE PERMITTED TO EXAMINE
THESE RECORDS;
(E) THE DEFENDANT OR COURT HAS IDENTIFIED THE MISDEMEANOR CONVICTION
OR CONVICTIONS OR FELONY CONVICTION FOR WHICH RELIEF MAY BE GRANTED;
(F) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
THE ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED, OR IF NO SUCH DOCUMENTA-
TION IS REASONABLY AVAILABLE, A SWORN AFFIDAVIT THAT THE SENTENCES
IMPOSED ON THE PRIOR ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED;
(G) THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH JURISDICTION
IN WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT TO
WHICH SEALING IS SOUGHT, AND THE COURT OR COURTS OF CONVICTION FOR SUCH
OFFENSES, THAT THE COURT IS CONSIDERING SEALING THE RECORDS OF THE
DEFENDANT'S ELIGIBLE CONVICTIONS. BOTH THE DISTRICT ATTORNEY AND THE
COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL BE UP TO
THIRTY DAYS, IN WHICH TO COMMENT AND SUBMIT MATERIALS TO AID THE COURT
IN MAKING SUCH A DETERMINATION. WHEN THE COURT NOTIFIES A DISTRICT
ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY SHALL PROVIDE
NOTICE TO THE VICTIM, IF ANY, OF THE SEALING APPLICATION BY MAILING
WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES OF THIS
SECTION "VICTIM" MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL OR FINAN-
CIAL INJURY TO PERSON OR TO PROPERTY AS A DIRECT RESULT OF THE CRIME OR
CRIMES FOR WHICH SEALING IS APPLIED. THE COURT SHALL PROVIDE THE DEFEND-
ANT WITH ANY MATERIALS SUBMITTED TO THE COURT IN RESPONSE TO THE DEFEND-
ANT'S PETITION; AND
(H) NO CHARGES FOR ANY OFFENSE ARE PENDING AGAINST THE DEFENDANT.
3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
TY IN WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT OF THE
SEALING APPLICATION, THE COURT MAY CONDUCT A HEARING TO CONSIDER AND
REVIEW ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE
COURT IN ITS DECISION WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S
ARRESTS, PROSECUTIONS AND CONVICTIONS. IN MAKING SUCH A DETERMINATION,
THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
TO:
(A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
(B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION-
ER HAS TAKEN SINCE THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI-
TATION, INCLUDING TREATMENT, WORK, SCHOOL, OR OTHER PERSONAL HISTORY
THAT DEMONSTRATES REHABILITATION;
(C) THE DEFENDANT'S CRIMINAL HISTORY;
(D) THE IMPACT OF SEALING THE DEFENDANT'S RECORDS UPON HIS OR HER
REHABILITATION AND HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
(E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN
FACT A VICTIM OF THE CRIME.
4. WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
RECORDS AND PAPERS RELATING TO THE ARRESTS, PROSECUTIONS, AND
CONVICTIONS, 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;
A. 3006--B 166
PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGERPRINTS, PALM-
PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
5. WHEN THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
FOR AN OFFENSE WHICH HAS BEEN CONDITIONALLY SEALED, REGARDING THE
RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
6. 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;
(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; OR
(E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL
BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING TO QUERIES TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS
TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18
USC 921 (A) (3).
10. IF, WITHIN TEN YEARS FOLLOWING 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, THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS SEALED
PURSUANT TO THIS SECTION IS ARRESTED FOR OR FORMALLY CHARGED WITH ANY
MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE-
LY 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 ARTICLE OR BY
CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55 OF
THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSU-
ANT TO THIS SECTION.
11. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION AS PART OF A PLEA OF
GUILTY, SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN ELIGI-
BLE OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
FORCEABLE.
§ 68. Section 180.75 of the criminal procedure law, as added by chap-
ter 481 of the laws of 1978, paragraph (b) of subdivision 3 as amended
by chapter 920 of the laws of 1982, subdivision 4 as amended by chapter
264 of the laws of 2003, and subdivisions 5 and 6 as added by chapter
411 of the laws of 1979, is amended to read as follows:
§ 180.75 Proceedings upon felony complaint; juvenile offender.
A. 3006--B 167
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] WHETHER OR NOT 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] EIGHTEEN is
criminally responsible, the court must order that the defendant be held
for the action of a grand jury of the appropriate superior 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] EIGH-
TEEN, 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] THE 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-
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.
A. 3006--B 168
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 YOUTH PART
OF 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 authorized to sit as a local criminal court to exercise the
preliminary jurisdiction 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 paragraph (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 there-
in, 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
offender in any local or superior criminal court INCLUDING THE YOUTH
PART OF THE SUPERIOR COURT for the offense or offenses which were the
subject of the removal order.
§ 68-a. The opening paragraph of section 180.80 of the criminal proce-
dure law, as amended by chapter 556 of the laws of 1982, is 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
A. 3006--B 169
hearing thereon, the [local criminal] court must release him on his own
recognizance unless:
§ 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 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 responsi-
ble; 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;
AND (III) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY
RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22
(AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45
(CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE
FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON
OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 120.11 (AGGRAVATED ASSAULT
UPON A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED
MANSLAUGHTER IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR
WITNESS); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE);
265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL
SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF
TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI-
CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL
USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE);
121.13 (STRANGULATION IN THE FIRST DEGREE); 490.37 (CRIMINAL POSSESSION
OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE) OF THIS
CHAPTER; OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION 70.80 OF THIS CHAPTER.
(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]
A. 3006--B 170
SEVENTEEN years of age OR YOUNGER did an act which, if done by a person
over the age of [sixteen] EIGHTEEN, 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.
§ 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] 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.
§ 71. Subdivision 1 of section 210.43 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, paragraph (b) as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
1. 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 YOUTH PART OF A superior court may, on
motion of any party or on its own motion:
(a) except as otherwise provided by paragraph (b) OF THIS SECTION,
order removal of the action 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 subdivision two of this
section, the court determines that to do so would be in the interests of
justice. PROVIDED, HOWEVER, THAT A YOUTH PART SHALL BE REQUIRED TO ORDER
REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN
THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF
THIS PART, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE
EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME
OR THAT AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM IN OPPO-
SITION SUBMITTED BY THE DISTRICT ATTORNEY THAT BEAR DIRECTLY ON THE
MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or
(b) [with the consent] AFTER CONSIDERATION OF THE RECOMMENDATION of
the district attorney, order removal of an action involving an indict-
ment charging a 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, to the family court pursuant
to the provisions of article seven hundred twenty-five of this chapter
if the court finds one or more of the following factors: (i) mitigating
circumstances that bear directly upon the manner in which the crime was
A. 3006--B 171
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) possi-
ble deficiencies in the proof of the crime, and, after consideration of
the factors set forth in subdivision two of this section, the court
determined that removal of the action to the family court would be in
the interests of justice.
§ 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 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,
SIXTEEN, OR 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 criminal-
ly 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] MAY 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, SIXTEEN OR 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 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, that the defendant's participation was rela-
tively 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 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 offender, 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] THIS SUBPARAGRAPH that the inter-
ests 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
A. 3006--B 172
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 desig-
nated 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.
§ 72-a. Section 330.25 of the criminal procedure law, as added by
chapter 481 of the laws of 1978, and subdivision 2 as amended by chapter
920 of the laws of 1982, is amended to read as follows:
§ 330.25 Removal after verdict.
1. Where a defendant is a juvenile offender who does not stand
convicted of murder in the second degree, upon motion and with the
consent of the district attorney, the action may be removed to the fami-
ly court in the interests of justice pursuant to article seven hundred
twenty-five of this chapter notwithstanding the verdict.
2. If the district attorney consents to the motion for removal pursu-
ant to this section, [he shall file a subscribed memorandum with the
court setting forth (1) a recommendation that] THE COURT, IN DETERMINING
THE MOTION, SHALL CONSIDER: (1) WHETHER the interests of justice would
best be served by removal of the action to the family court; and (2) if
the conviction is of an offense set forth in paragraph (b) of subdivi-
sion one of section 210.43 of this chapter, WHETHER specific factors
EXIST, one or more of which reasonably [support] SUPPORTS the [recommen-
dation] MOTION, showing, (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, that the defend-
ant's participation was relatively minor although not so minor as to
constitute a defense to prosecution, or (iii) where the juvenile offen-
der has no previous adjudications of having committed a designated felo-
ny act, as defined in subdivision eight of section 301.2 of the family
court act, regardless of the age of the offender at the time of commis-
sion of the act, that the criminal act was not part of a pattern of
criminal behavior and, in view of the history of the offender, is not
likely to be repeated.
3. If the court is of the opinion, based upon the specific factors
[set forth in the district attorney's memorandum] SHOWN TO THE COURT,
that the interests of justice would best be served by removal of the
action to the family court, the verdict shall be set aside and 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
section 220.10 of this chapter. Upon accepting any such plea, the court
must specify upon the record the [portion or portions of the district
attorney's statement] FACTORS 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.
A. 3006--B 173
§ 72-b. Subdivision 2 of section 410.40 of the criminal procedure law,
as amended by chapter 652 of the laws of 2008, 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 AND ITS YOUTH PART 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 SHALL, 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, BRING THE DEFENDANT TO A JUVENILE DETENTION
FACILITY, TO BE DETAINED THERE UNTIL BROUGHT WITHOUT UNNECESSARY DELAY
BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVI-
SION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH
PART.
§ 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:
§ 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
A. 3006--B 174
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
IN THE CASE OF A JUVENILE OFFENDER LESS THAN EIGHTEEN YEARS OF AGE TO
THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FIX BAIL
OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEAR-
ANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS
ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE 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 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 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.
§ 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
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
A. 3006--B 175
RECORD OR (II) THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
SUCCESS.
§ 75. The criminal procedure law is amended by adding a new section
410.90-a to read as follows:
§ 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.
§ 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:
§ 510.15 Commitment of principal under [sixteen] EIGHTEEN.
1. When a principal who is under the age of [sixteen] EIGHTEEN, is
committed to the custody of the sheriff the court must direct that the
principal be taken to and lodged in a place certified by the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juve-
nile 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 juve-
nile detention facility continue to be deemed to be in the custody of
the sheriff. No principal under the age [of sixteen] SPECIFIED to whom
the provisions of this section may apply shall be detained in any pris-
on, jail, lockup, or other place used for adults convicted of a crime or
under arrest and charged with the commission of a crime without 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 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.
§ 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.
§ 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
A. 3006--B 176
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.]
§ 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, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH NOT
LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON-
STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE
REQUIRE OTHERWISE.
§ 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 youthful] YOUTHFUL offender adjudication is not a judgment of
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]
TWO HUNDRED FIFTY-NINE-MM of the executive law. A defendant for whom a
youthful offender adjudication 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 prosti-
tute, 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 subdivision 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.
§ 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.
§ 722.00 PROBATION CASE PLANNING AND SERVICES.
A. 3006--B 177
1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
MENT OF ANY JUVENILE FOLLOWING ARRAIGNMENT BY A YOUTH PART WITHIN ITS
JURISDICTION. IN CASES NOT OTHERWISE DISPOSED OF AT ARRAIGNMENT, THE
COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN SEVEN CALENDAR DAYS
TO THE PROBATION DEPARTMENT FOR PURPOSES OF ASSESSMENT. SUCH JUVENILE
SHALL HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT THROUGHOUT THE ASSESS-
MENT PROCESS. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPART-
MENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIALIZED AND EVIDENCE-
BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO ADDRESS
INDIVIDUAL NEEDS.
2. ANY JUVENILE AGREEING TO UNDERGO 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 DELIV-
ERED INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS,
TEST RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE
COMPLIANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT, THE JUVENILE AND
HIS OR HER COUNSEL 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 REQUIRE-
MENTS, AND SCHOOL ATTENDANCE, WHERE APPLICABLE. SUCH JUVENILE SHALL
CONFER WITH COUNSEL PRIOR TO ENTERING INTO ANY SUCH CASE PLAN. FOLLOWING
THE JUVENILE'S SUCCESSFUL COMPLETION OF THE CONDITIONS OF HIS OR HER
CASE PLAN, THE COURT SHALL CONSIDER THE DISMISSAL OF THE INDICTMENT
PROVIDED HOWEVER, THAT NOTHING HEREIN SHALL LIMIT THE COURT'S AUTHORITY
TO DISMISS THE CASE PURSUANT TO SECTION 210.40 OF THIS CHAPTER.
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.
5. THE PROBATION DEPARTMENT SHALL NOT TRANSMIT OR OTHERWISE COMMUNI-
CATE TO THE DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY
THE JUVENILE OFFENDER TO A PROBATION OFFICER. THE PROBATION DEPARTMENT
MAY MAKE A RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
PLAN TO THE YOUTH PART AND PROVIDE RELEVANT INFORMATION.
6. NO STATEMENT MADE TO AN EMPLOYEE OR REPRESENTATIVE OF THE PROBATION
DEPARTMENT MAY BE ADMITTED IN EVIDENCE PRIOR TO CONVICTION ON ANY CHARGE
OR CHARGES RELATED THERETO OR, IN THE CASE OF A MATTER PROCEEDING BEFORE
THE COURT UNDER THE FAMILY COURT ACT, PRIOR TO AN ADJUDICATION.
§ 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
1. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTAB-
LISH, IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES
CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF
THE SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. JUDGES
PRESIDING 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 CHAPTER.
2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ALSO DIRECT THE PRESID-
ING JUSTICE OF THE APPELLATE DIVISION, IN EACH JUDICIAL DEPARTMENT OF
THE STATE, TO DESIGNATE MAGISTRATES TO SERVE AS ACCESSIBLE MAGISTRATES,
A. 3006--B 178
FOR THE PURPOSE OF ACTING AS A YOUTH PART FOR CERTAIN INITIAL
PROCEEDINGS INVOLVING YOUTHS, AS PROVIDED BY LAW. MAGISTRATES SO DESIG-
NATED SHALL BE SUPERIOR COURT JUDGES AND JUDGES OF OTHER COURTS, IN EACH
COUNTY OF THE STATE, THAT EXERCISE CRIMINAL JURISDICTION. A JUDGE
PRESIDING AS SUCH A MAGISTRATE SHALL RECEIVE TRAINING IN SPECIALIZED
AREAS, INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT
DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMIS-
SION BY ADOLESCENTS.
§ 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 ARTICLE SHALL APPLY.
2. IF AN ACTION IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO THE
APPLICABLE PROVISIONS OF THIS CHAPTER, THE YOUTH PART SHALL HEAR THE
CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFEND-
ANT IS SIXTEEN OR 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 AVAIL-
ABLE UNDER ARTICLE THREE OF THE FAMILY COURT ACT. PROVIDED, HOWEVER,
THAT THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
210.43 OF THIS CHAPTER SHALL APPLY TO ANY ACTION INVOLVING AN INDICTMENT
CHARGING A JUVENILE OFFENDER WITH ANY OF THE CRIMES ENUMERATED IN SUCH
PARAGRAPH.
§ 81. The opening paragraph of section 725.05 of the criminal proce-
dure law, as added by chapter 481 of the laws of 1978, is 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:
§ 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:
§ 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 of section 180.75, 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] ANY 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,
A. 3006--B 179
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] ANY statement by the court pursuant to paragraph (a) of
subdivision five of section 210.43 OF THIS CHAPTER;
(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] ANY statement of the district attorney made
pursuant to paragraph (b) of subdivision five of section 210.43 OF THIS
CHAPTER; and
(g) In addition to the records specified in this subdivision, such
further statement or submission of additional information pertaining to
the proceeding in criminal court in accordance with standards estab-
lished 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
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.
§ 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, NO COUNTY JAIL SHALL
BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN.
PLACEMENT OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSU-
ANT TO THIS SUBDIVISION SHALL BE DETERMINED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES.
§ 84. Subdivision 4 of section 500-b of the correction law is
REPEALED.
§ 85. Subparagraph 3 of paragraph (c) of subdivision 8 of section
500-b of the correction law is REPEALED.
§ 86. Subdivision 13 of section 500-b of the correction law is
REPEALED.
§ 87. 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
A. 3006--B 180
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] 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 [fourteen or
fifteen years of age] 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] EIGHTEEN 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 criminal 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.
§ 87-a. Paragraph d of subdivision 3 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, is amended to read
as follows:
d. Consistent with the federal gun-free schools act of nineteen
hundred ninety-four, any public school pupil who is determined under
this subdivision to have brought a weapon to 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 weapon to 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 participation in such program. The
procedures of this subdivision shall apply to such a suspension of a
nonpublic school pupil. A superintendent of schools, district super-
intendent of schools or community superintendent shall have the authori-
ty 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 paragraph c of this subdi-
vision 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 indi-
viduals with disabilities education act or article eighty-nine of this
chapter. A superintendent shall refer the pupil under the age of
[sixteen] EIGHTEEN who has been determined to have brought a weapon 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 [fourteen or fifteen years of age] 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] EIGHTEEN years of age or older or a student [four-
teen or fifteen years of age who] qualifies for juvenile offender status
under subdivision forty-two of section 1.20 of the criminal procedure
law, who has been determined to have brought a weapon to school in
A. 3006--B 181
violation of this subdivision to the appropriate law enforcement offi-
cials.
§ 88. 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.
§ 89. 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 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 thereup-
on 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
A. 3006--B 182
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 PROCE-
DURE LAW.
B. 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 OTHER-
WISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS
OF TWO THOUSAND SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDIC-
TION.
§ 89-a. The second undesignated paragraph of subdivision 4 of section
246 of the executive law, as added by chapter 479 of the laws of 1970,
is amended to read as follows:
The [director] 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 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
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.
§ 90. The executive law is amended by adding a new section 259-p to
read as follows:
§ 259-P. INTERSTATE DETENTION. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS
ARTICLE, MAY BE DETAINED AS AUTHORIZED BY THE INTERSTATE COMPACT FOR
ADULT OFFENDER SUPERVISION.
2. A DEFENDANT SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY,
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
3. A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS
A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION SHALL BE DETAINED
IN A JUVENILE DETENTION FACILITY.
§ 91. Subdivision 16 of section 296 of the executive law, as separate-
ly amended by section 3 of part N and section 14 of part AAA of 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
A. 3006--B 183
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 160.56
OR 160.58 of the criminal procedure law, in connection with the licens-
ing, employment or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a termi-
nation of that criminal action or proceeding in favor of such individ-
ual, 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 160.56 OR 160.58 of the criminal procedure law. The provisions
of this subdivision shall not apply to the licensing activities of
governmental bodies in relation to the regulation 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 subdivi-
sions 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 160.56 OR 160.58 of the criminal procedure law.
§ 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:
§ 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 held pending a hearing for alleged violation of the condi-
tions of release from an office of children and family services facility
or authorized agency, or held pending a hearing for alleged violation of
the condition of parole 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]
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] 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.
A. 3006--B 184
7. "Conditional release" means the transfer of a youth from facility
status to aftercare supervision under the continued custody of the
[division] OFFICE.
8. "Discharge" means the termination of [division] OFFICE custody of a
youth.
9. "Aftercare" means supervision of a youth on conditional release
status under the continued custody of the division.
§ 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.
§ 94. 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 chap-
ter 309 of the laws of 1996, is amended to read as follows:
§ 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
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
A. 3006--B 185
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.
§ 95. 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 amended by chapter 37 of the laws of 2016, is
amended to read as follows:
§ 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,
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.
A. 3006--B 186
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
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
A. 3006--B 187
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 shall be transferred AT AGE TWENTY-
THREE to the custody of the department of corrections and community
supervision for confinement pursuant to the correction law[.
7.]; PROVIDED HOWEVER, ANY 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 COMPLETE AT LEAST TWO
YEARS OF CARE IN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES
BEFORE ANY TRANSFER TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION.
(B) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO BE RELEASED FROM AN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
TO BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR COMMUNITY
SUPERVISION SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL
REMAIN WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR COMMUNITY
SUPERVISION.
(C) 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 COMMUNITY SUPERVISION 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.
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, temporary release and discharge shall be
governed by the laws applicable to inmates of state correctional facili-
ties 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,
A. 3006--B 188
however, establish and operate temporary release programs at office of
children and family services facilities for eligible juvenile offenders
and [contract with the department of corrections and community super-
vision for the provision of parole] PROVIDE supervision [services] for
temporary releasees. The rules and regulations for these programs shall
not be inconsistent with the laws for temporary release 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 chil-
dren 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. Time spent in office of children and family services
facilities and in juvenile detention facilities 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 THE OFFICE FOR PERSONS WITH developmental disa-
bilities, as appropriate; a case review panel; and the attorney general;
in accordance with the provisions of article ten of the mental hygiene
law.
§ 96. 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,
A. 3006--B 189
(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
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 facility 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
A. 3006--B 190
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 SEVENTEEN 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 SEVENTEEN THAT INCREASED THE
AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE OR THAT AUTHOR-
IZED THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES
OF CERTAIN OTHER YOUTH WHO COMMITTED A CRIME ON OR AFTER THEIR SIXTEENTH
BIRTHDAYS.
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.
§ 97. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi-
vision 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 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 avail-
able for such purposes, not to exceed the municipality's distribution
under the supervision and treatment 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 resi-
dential care with the municipality, the municipality's reduction in the
use of detention and residential placements, and other factors as deter-
mined 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
anticipation of state reimbursement.
A. 3006--B 191
(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;
§ 98. 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, 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, shall be subject to state reimbursement for up to fifty percent
of the municipality's expenditures, exclusive of any federal funds made
available for such purposes, not to exceed the municipality's distrib-
ution 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 be shared among law enforcement,
probation, courts, detention administrators, 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.
A. 3006--B 192
(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
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
A. 3006--B 193
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,
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]
EIGHTEEN YEARS OF AGE; or[,]
A. 3006--B 194
(1-A) TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED
JUVENILE DELINQUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUEN-
CY 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 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) 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. 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
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, 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 FACILITIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE
A. 3006--B 195
OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND
SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN
YEARS OF AGE.
§ 99. Section 109-c of the vehicle and traffic law, as added by
section 1 of part E of chapter 60 of the laws of 2005, is amended to
read as follows:
§ 109-c. Conviction. 1. Any conviction as defined in subdivision
thirteen of section 1.20 of the criminal procedure law; provided, howev-
er, where a conviction or administrative finding in this state or anoth-
er state results in a mandatory sanction against a commercial driver's
license, as set forth in sections five hundred ten, five hundred ten-a,
eleven hundred ninety-two and eleven hundred ninety-four of this chap-
ter, conviction shall also mean an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized administra-
tive tribunal, an unvacated forfeiture of bail or collateral deposited
to secure the person's appearance in court, a plea of guilty or nolo
contendere accepted by the court, the payment of a fine or court cost,
or violation of a condition of release without bail, regardless of
whether or not the penalty is rebated, suspended, or probated.
2. A CONVICTION SHALL INCLUDE A JUVENILE DELINQUENCY ADJUDICATION FOR
THE PURPOSES OF SECTIONS FIVE HUNDRED TEN; SUBDIVISION FIVE OF SECTION
FIVE HUNDRED ELEVEN; FIVE HUNDRED FOURTEEN; FIVE HUNDRED TWENTY-THREE-A;
SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-THREE; SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-
THREE; ELEVEN HUNDRED NINETY-SIX; ELEVEN HUNDRED NINETY-EIGHT; ELEVEN
HUNDRED NINETY-EIGHT-A; ELEVEN HUNDRED NINETY-NINE; EIGHTEEN HUNDRED
EIGHT; EIGHTEEN HUNDRED NINE; EIGHTEEN HUNDRED NINE-C; AND EIGHTEEN
HUNDRED NINE-E OF THIS CHAPTER AND PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION SIXTY-FIVE-B OF THE ALCOHOLIC BEVERAGE CONTROL LAW ONLY AND
SOLELY FOR THE PURPOSES OF ALLOWING THE FAMILY COURT TO IMPOSE LICENSE
AND REGISTRATION SANCTIONS, IGNITION INTERLOCK DEVICES, ANY DRUG OR
ALCOHOL REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER RESPONSI-
BILITY ASSESSMENT, VICTIM ASSISTANCE FEE, SURCHARGE, AND ISSUING A STAY
ORDER ON APPEAL. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS
LIMITING OR PRECLUDING THE ENFORCEMENT OF SECTION ELEVEN HUNDRED NINE-
TY-TWO-A OF THIS CHAPTER AGAINST A PERSON UNDER THE AGE OF TWENTY-ONE.
§ 100. Subdivision 1 of section 510 of the vehicle and traffic law, as
amended by chapter 132 of the laws of 1986, is amended to read as
follows:
1. Who may suspend or revoke. Any magistrate, justice or judge, in a
city, in a town, or in a village, any supreme court justice, any county
judge, any judge of a district court, ANY FAMILY COURT JUDGE, the super-
intendent of state police and the commissioner of motor vehicles or any
person deputized by him, shall have power to revoke or suspend the
license to drive a motor vehicle or motorcycle of any person, or in the
case of an owner, the registration, as provided herein.
§ 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
A. 3006--B 196
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 101. This act shall take effect immediately; provided, however,
that:
1. sections one through seven, nine through twenty-four, twenty-six
through fifty-eight, fifty-nine, sixty-one through sixty-three-l,
sixty-three-m, sixty-six, sixty-eight through seventy-six, eighty
through eighty-seven, eighty-eight, eighty-nine and ninety through one
hundred-a of this act shall take effect on January 1, 2019;
2. sections sixty-seven, seventy-seven, seventy-eight, and seventy-
nine of this act shall take effect on the sixtieth day after it shall
have become a law;
3. the amendments to subparagraph (ii) of paragraph (a) of subdivision
1 of section 409-a of the social services law, made by section fifty-two
of this act shall survive the expiration of such subparagraph pursuant
to section 28 of part C of chapter 83 of the laws of 2002, as amended;
4. 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 pursuant to section 11 of
subpart A of part G of chapter 57 of the laws of 2012, as amended, and
shall expire and be deemed repealed therewith, when upon such date the
provisions of section twenty-five of this act shall take effect;
5. the amendments to section 153-k of the social services law made by
section forty-seven of this act shall not affect the repeal of such
section and shall expire and be deemed repealed therewith;
6. the amendments to section 404 of the social services law made by
section fifty-one of this act shall not affect the repeal of such
section and shall expire and be deemed repealed therewith;
7. 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;
8. 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;
9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
section 3214 of the education law made by section eighty-seven of this
act shall not affect the expiration and reversion of such paragraph
pursuant to section 4 of chapter 425 of the laws of 2002, as amended,
when upon such date the provisions of section eighty-seven-a of this act
shall take effect; provided, however if such date of reversion is prior
to January 1, 2019, section eighty-seven-a of this act shall take effect
on January 1, 2019; and
10. the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section eighty-nine of
this act shall not affect the expiration and reversion of such paragraph
pursuant to subdivision aa of section 427 of chapter 55 of the laws of
1992, as amended, when upon such date the provisions of section eighty-
nine-a of this act shall take effect; provided, however if such date of
reversion is prior to January 1, 2019, section eighty-nine-a of this act
shall take effect on January 1, 2019.
PART K
Section 1. This part enacts into law major components of legislation
which are necessary for the financing of various child welfare services.
A. 3006--B 197
Each component is wholly contained within a subpart identified as
subparts A through B. The effective date for each particular provision
contained within a subpart is set forth in the last section of such
subpart. Any provision in any section contained within a subpart,
including the effective date of the subpart, which makes 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 subpart in which it is found. Section three of this part
sets forth the general effective date of this part.
SUBPART A
Section 1. Section 28 of part C of chapter 83 of the laws of 2002,
amending the executive law and other laws relating to funding for chil-
dren and family services, as amended by section 1 of part F of chapter
57 of the laws of 2012, is amended to read as follows:
§ 28. This act shall take effect immediately; provided that sections
nine through eighteen and twenty through twenty-seven of this act shall
be deemed to have been in full force and effect on and after April 1,
2002; provided, however, that section fifteen of this act shall apply to
claims that are otherwise reimbursable by the state on or after April 1,
2002 except as provided in subdivision 9 of section 153-k of the social
services law as added by section fifteen of this act; provided further
however, that nothing in this act shall authorize the office of children
and family services to deny state reimbursement to a social services
district for violations of the provisions of section 153-d of the social
services law for services provided from January 1, 1994 through March
31, 2002; provided that section nineteen of this act shall take effect
September 13, 2002 and shall expire and be deemed repealed June 30,
2012; and, provided further, however, that notwithstanding any law to
the contrary, the office of children and family services shall have the
authority to promulgate, on an emergency basis, any rules and regu-
lations necessary to implement the requirements established pursuant to
this act; provided further, however, that the regulations to be devel-
oped pursuant to section one of this act shall not be adopted by emer-
gency rule; and provided further that the provisions of sections nine
through eighteen and twenty through twenty-seven of this act shall
expire and be deemed repealed on June 30, [2017] 2022.
§ 2. This act shall take effect immediately.
SUBPART B
Intentionally omitted
§ 2. Severability. If any clause, sentence, paragraph, subdivision or
section of this part shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, subdivision or section 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 part would have been enacted even if such invalid provisions had
not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of subparts A and B of this part shall be
as specifically set forth in the last section of such subparts.
A. 3006--B 198
PART L
Section 1. Paragraph (iii) of subdivision (e) of section 1012 of the
family court act, as amended by chapter 320 of the laws of 2006, is
amended to read as follows:
(iii) (A) commits, or allows to be committed an offense against such
child defined in article one hundred thirty of the penal law; (B)
allows, permits or encourages such child to engage in any act described
in sections 230.25, 230.30 and 230.32 of the penal law; (C) commits any
of the acts described in sections 255.25, 255.26 and 255.27 of the penal
law; [or] (D) allows such child to engage in acts or conduct described
in article two hundred sixty-three of the penal law; OR (E) PERMITS OR
ENCOURAGES SUCH CHILD TO ENGAGE IN ANY ACT OR COMMITS OR ALLOWS TO BE
COMMITTED AGAINST SUCH CHILD ANY OFFENSE THAT WOULD RENDER SUCH CHILD
EITHER A VICTIM OF SEX TRAFFICKING OR A VICTIM OF SEVERE FORMS OF TRAF-
FICKING IN PERSONS PURSUANT TO 22 U.S.C. 7102 AS ENACTED BY PUBLIC LAW
106-386 OR ANY SUCCESSOR FEDERAL STATUTE; (F) provided, however, that
[(a)] (1) the corroboration requirements contained in the penal law and
[(b)] (2) the age requirement for the application of article two hundred
sixty-three of such law shall not apply to proceedings under this arti-
cle.
§ 2. This act shall take effect immediately.
PART M
Section 1. Paragraph a of subdivision 2 of section 420 of the execu-
tive law, as amended by section 3 of part G of chapter 57 of the laws of
2013, is amended to read as follows:
a. (1) A municipality may submit to the office of children and family
services a plan for the providing of services for runaway and homeless
youth, as defined in article nineteen-H of this chapter. Where such
municipality is receiving state aid pursuant to paragraph a of subdivi-
sion one of this section, such runaway and homeless youth plan shall be
submitted as part of the comprehensive plan and shall be consistent with
the goals and objectives therein.
(2) A runaway and homeless youth plan shall be developed in consulta-
tion with the municipal youth bureau and the county or city department
of social services, shall be in accordance with the regulations of the
office of children and family services, shall provide for a coordinated
range of services for runaway and homeless youth and their families
including preventive, temporary shelter, transportation, counseling, and
other necessary assistance, and shall provide for the coordination of
all available county resources for runaway and homeless youth and their
families including services available through the municipal youth
bureau, the county or city department of social services, local boards
of education, local drug and alcohol programs and organizations or
programs which have past experience dealing with runaway and homeless
youth. [Such]
(3) IN ITS plan A MUNICIPALITY may:
(I) include provisions for transitional independent living support
programs [for homeless youth between the ages of sixteen and twenty-one]
AND RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS as provided in
article nineteen-H of this chapter;
(II) AUTHORIZE SERVICES UNDER ARTICLE NINETEEN-H OF THIS CHAPTER TO BE
PROVIDED TO HOMELESS YOUNG ADULTS, AS SUCH TERM IS DEFINED IN SECTION
FIVE HUNDRED THIRTY-TWO-A OF THIS CHAPTER;
A. 3006--B 199
(III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED IN ACCORDANCE
WITH ANY OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(A) PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED
THIRTY-TWO-B;
(B) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED THIRTY-
TWO-D;
(C) PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY
TWO-B OF THIS CHAPTER;
(D) PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED THIRTY-
TWO-D OF THIS CHAPTER;
(E) TO ALLOW A YOUTH UNDER THE AGE OF SIXTEEN TO BE SERVED IN A TRAN-
SITIONAL INDEPENDENT LIVING PROGRAM PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED THIRTY-TWO-D OF
THIS CHAPTER; AND
(IV) IF A MUNICIPALITY PROVIDES SHELTER IN ACCORDANCE WITH ITEMS (C),
(D) AND (E) OF CLAUSE (III) OF SUBPARAGRAPH THREE OF THIS PARAGRAPH,
THEN SUCH MUNICIPALITY SHALL, WITHIN SIXTY DAYS, NOTIFY THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN WRITING OF THE CIRCUMSTANCES THAT MADE
THE PROVISION OF SHELTER NECESSARY, EFFORTS MADE BY THE PROGRAM TO FIND
SUITABLE ALTERNATIVE LIVING ARRANGEMENTS FOR SUCH YOUTH, AND THE OUTCOME
OF SUCH EFFORTS. IF THE OFFICE DETERMINES THAT SUCH SHELTER WAS INAPPRO-
PRIATE, THE OFFICE MAY INSTRUCT THE PROGRAM ON HOW TO SEEK A MORE SUIT-
ABLE ALTERNATIVE LIVING ARRANGEMENT.
(4) Such plan shall also provide for the designation and duties of the
runaway and homeless youth service coordinator defined in section five
hundred thirty-two-a of this chapter who is available on a twenty-four
hour basis and maintains information concerning available shelter space,
transportation and services.
(5) Such plan may include provision for the per diem reimbursement for
residential care of runaway and homeless youth in [approved] CERTIFIED
RESIDENTIAL runaway AND HOMELESS YOUTH programs which are authorized
agencies[, provided that such per diem reimbursement shall not exceed a
total of thirty days for any one youth].
§ 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
subdivisions 1 and 2 as amended by chapter 800 of the laws of 1985,
subdivisions 4 and 6 as amended by section 6 of part G of chapter 57 of
the laws of 2013, are amended and a new subdivision 9 is added to read
as follows:
1. "Runaway youth" shall mean a person under the age of eighteen years
who is absent from his OR HER legal residence without the consent of his
OR HER parent, legal guardian or custodian.
2. "Homeless youth" shall mean:
(A) a person under the age of [twenty-one] EIGHTEEN who is in need of
services and is without a place of shelter where supervision and care
are available; OR
(B) A PERSON WHO IS UNDER THE AGE OF TWENTY-ONE BUT IS AT LEAST AGE
EIGHTEEN AND WHO IS IN NEED OF SERVICES AND IS WITHOUT A PLACE OF SHEL-
TER.
(C) PROVIDED HOWEVER, WHEN A MUNICIPALITY'S APPROVED COMPREHENSIVE
PLAN AUTHORIZES THAT SERVICES PURSUANT TO THIS ARTICLE BE PROVIDED TO
"HOMELESS YOUNG ADULTS" AS SUCH TERM IS DEFINED IN THIS SECTION, THEN
FOR PURPOSES RELATED TO THE PROVISIONS OF THAT MUNICIPALITY'S APPROVED
COMPREHENSIVE PLAN THAT INCLUDE "HOMELESS YOUNG ADULTS", THE TERM "HOME-
LESS YOUTH" AS USED IN THIS ARTICLE SHALL BE DEEMED TO INCLUDE "HOMELESS
YOUNG ADULTS".
A. 3006--B 200
4. "[Approved runaway] RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES
program" shall mean:
(A) any non-residential program approved by the office of children and
family services, after submission by the municipality[,] as part of its
comprehensive plan, THAT PROVIDES SERVICES TO RUNAWAY YOUTH AND HOMELESS
YOUTH, IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES; or
(B) any residential [facility] PROGRAM which is operated by an author-
ized agency as defined in subdivision ten of section three hundred
seventy-one of the social services law, and [approved] CERTIFIED by the
office of children and family services [after submission by the munici-
pality as part of its comprehensive plan, established and operated] to
provide SHORT-TERM RESIDENTIAL services to runaway YOUTH and homeless
youth, in accordance with the APPLICABLE regulations of the office of
temporary and disability assistance and the office of children and fami-
ly services. [Such]
(C) RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES programs may also
provide non-residential crisis intervention and, IF CERTIFIED, residen-
tial respite services to youth in need of crisis intervention or respite
services, as SUCH TERM IS defined in this section. Residential respite
services in [an approved] A CERTIFIED runaway AND HOMELESS YOUTH CRISIS
SERVICES program may be provided TO SUCH YOUTH for no more than twenty-
one days, in accordance with the regulations of the office of children
and family services AND SECTION SEVEN HUNDRED THIRTY-FIVE OF THE FAMILY
COURT ACT.
6. "Transitional independent living support program" shall mean:
(A) any non-residential program approved by the office of children and
family services, after submission by the municipality as part of its
comprehensive plan, [or] THAT PROVIDES SUPPORTIVE SERVICES TO ENABLE
HOMELESS YOUTH TO PROGRESS FROM CRISIS CARE AND TRANSITIONAL CARE TO
INDEPENDENT LIVING, IN ACCORDANCE WITH THE APPLICABLE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES; OR
(B) any residential [facility approved by the office of children and
family services after submission by the municipality as part of its
comprehensive plan to offer youth development programs,] PROGRAM estab-
lished and operated to provide supportive services, [for a period of up
to eighteen months] in accordance with the regulations of the office of
children and family services, to enable homeless youth [between the ages
of sixteen and twenty-one] to progress from crisis care and transitional
care to independent living.
[Such] (C) A transitional independent living support program may also
provide services to youth in need of crisis intervention or respite
services. Notwithstanding the time limitation in paragraph (i) of subdi-
vision (d) of section seven hundred thirty-five of the family court act,
residential respite services may be provided in a transitional independ-
ent living support program for a period of more than twenty-one days.
9. "HOMELESS YOUNG ADULT" SHALL MEAN A PERSON WHO IS AGE TWENTY-FOUR
OR YOUNGER BUT IS AT LEAST AGE TWENTY-ONE AND WHO IS IN NEED OF SERVICES
AND IS WITHOUT A PLACE OF SHELTER.
§ 3. Section 532-b of the executive law, as added by chapter 722 of
the laws of 1978, the opening paragraph of subdivision 1 as amended by
chapter 182 of the laws of 2002, paragraph (a) of subdivision 1 as
amended by section 15 of part E of chapter 57 of the laws of 2005, para-
graph (e) of subdivision 1 as amended by chapter 569 of the laws of
1994, and subdivision 2 as amended by section 7 of part G of chapter 57
of the laws of 2013, is amended to read as follows:
A. 3006--B 201
§ 532-b. Powers and duties of [approved] runaway [program] AND HOME-
LESS YOUTH CRISIS SERVICES PROGRAMS. 1. Notwithstanding any other
provision of law, pursuant to regulations of the office of children and
family services [an approved] A runaway AND HOMELESS YOUTH CRISIS
SERVICES program is authorized to and shall:
(a) provide assistance to any runaway or homeless youth or youth in
need of crisis intervention or respite services as defined in this arti-
cle;
(b) attempt to determine the cause for the youth's runaway or homeless
status;
(c) explain to the runaway [and] OR homeless youth his OR HER legal
rights and options of service or other assistance available to the
youth;
(d) work towards reuniting such youth with his OR HER parent or guard-
ian as soon as practicable in accordance with section five hundred thir-
ty-two-c of this article;
(e) assist in arranging for necessary services for runaway or homeless
youth, and where appropriate, their families, including but not limited
to food, shelter, clothing, medical care, education and individual and
family counseling. Where the [approved] runaway AND HOMELESS YOUTH
CRISIS SERVICES program concludes that such runaway or homeless youth
would be eligible for assistance, care or services from a local social
services district, it shall assist the youth in securing such assist-
ance, care or services as the youth is entitled to; [and]
(f) immediately report to the [local child protective service] STATE-
WIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT OR VULNERABLE
PERSONS' CENTRAL REGISTER, AS APPROPRIATE, where it has reasonable cause
to suspect that the runaway or homeless youth has been abused or
neglected or when such youth maintains such to be the case[.];
(G) CONTACT THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT IS
BELIEVED THAT THE YOUTH MAY BE A DESTITUTE CHILD, AS SUCH TERM IS
DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT. THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE APPROPRIATE GUID-
ANCE TO THE RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAM ON HOW TO
ACCURATELY IDENTIFY A YOUTH THAT MAY BE A DESTITUTE CHILD; AND
(H) PROVIDE INFORMATION TO ELIGIBLE YOUTH ABOUT THEIR ABILITY TO
RE-ENTER FOSTER CARE IN ACCORDANCE WITH ARTICLE TEN-B OF THE FAMILY
COURT ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH YOUTH WHO MAY BE
INTERESTED IN RE-ENTERING FOSTER CARE TO THE APPLICABLE LOCAL SOCIAL
SERVICES DISTRICT. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
PROVIDE THE RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAM WITH THE
APPROPRIATE EDUCATIONAL MATERIALS TO GIVE TO ELIGIBLE YOUTH REGARDING
THEIR ABILITY TO RE-ENTER FOSTER CARE. THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL ALSO PROVIDE APPROPRIATE GUIDANCE TO THE RUNAWAY AND
HOMELESS YOUTH CRISIS SERVICES PROGRAM ON HOW TO ACCURATELY IDENTIFY
YOUTH THAT MAY BE ELIGIBLE TO RE-ENTER FOSTER CARE AND HOW TO REFER SUCH
YOUTH TO THE APPLICABLE LOCAL SOCIAL SERVICES DISTRICT IF APPROPRIATE.
2. [The] (A) A runaway youth may remain in [the] A CERTIFIED RESIDEN-
TIAL RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES program on a voluntary
basis for a period not to exceed thirty days, OR FOR A YOUTH AGE FOUR-
TEEN OR OLDER FOR A PERIOD UP TO SIXTY DAYS WHEN AUTHORIZED IN THE
APPLICABLE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN, from the date of
admission where the filing of a petition pursuant to article ten of the
family court act is not contemplated, in order that arrangements can be
made for the runaway youth's return home, alternative residential place-
A. 3006--B 202
ment pursuant to section three hundred ninety-eight of the social
services law, or any other suitable plan.
(B) If the runaway youth and the parent, guardian or custodian
agree[,] in writing, the runaway youth may remain in [the runaway] SUCH
program up to sixty days, OR UP TO ONE HUNDRED TWENTY DAYS WHEN AUTHOR-
IZED IN THE APPLICABLE MUNICIPALITY'S APPROVED COUNTY COMPREHENSIVE
PLAN, without the filing of a petition pursuant to article ten of the
family court act, provided that in any such case the facility shall
first have obtained the approval of the applicable municipal runaway AND
HOMELESS YOUTH SERVICES coordinator, who shall notify the municipality's
youth bureau of his or her approval together with a statement as to the
reason why such additional residential stay is necessary and a
description of the efforts being made to find suitable alternative
living arrangements for such youth.
(C) A RUNAWAY YOUTH MAY REMAIN IN A CERTIFIED RESIDENTIAL RUNAWAY AND
HOMELESS YOUTH CRISIS SERVICES PROGRAM BEYOND THE APPLICABLE PERIOD
AUTHORIZED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION IF THE MUNICI-
PALITY HAS NOTIFIED THE OFFICE OF CHILDREN AND FAMILY SERVICES IN
ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH THREE OF PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY OF THE EXECUTIVE LAW.
§ 4. Section 532-c of the executive law, as added by chapter 722 of
the laws of 1978, is amended to read as follows:
§ 532-c. Notice to parent; return of runaway youth to parent; alterna-
tive living arrangements. 1. The staff of [the] A RESIDENTIAL RUNAWAY
AND HOMELESS YOUTH CRISIS SERVICES program shall, to the maximum extent
possible, preferably within twenty-four hours but within no more than
seventy-two hours following the youth's admission into the program,
notify such runaway youth's parent, guardian or custodian of his or her
physical and emotional condition, and the circumstances surrounding the
runaway youth's presence at the program, unless there are compelling
circumstances why the parent, guardian or custodian should not be so
notified. Where such circumstances exist, the [runaway] program director
or his OR HER designee shall either file an appropriate petition in the
family court, refer the youth to the local social services district, or
in instances where abuse or neglect is suspected, report such case
pursuant to title six of article six of the social services law.
2. Where custody of the youth upon leaving the [approved] program is
assumed by a relative or other person, other than the parent or guardi-
an, the staff of the program shall so notify the parent or guardian as
soon as practicable after the release of the youth. The officers, direc-
tors or employees of [an approved runaway] THE program shall be immune
from any civil or criminal liability for or arising out of the release
of a runaway or homeless youth to a relative or other responsible person
other than a parent or guardian.
§ 5. Section 532-d of the executive law, as amended by chapter 182 of
the laws of 2002, subdivisions (e) and (g) as amended and subdivision
(f) as added by section 16 of part E of chapter 57 of the laws of 2005,
is amended to read as follows:
§ 532-d. Residential [facilities operated as] transitional independent
living support programs. Notwithstanding any inconsistent provision of
law, pursuant to regulations of the office of children and family
services, residential facilities operating as transitional independent
living support programs are authorized to and shall:
[(a)] 1. (A) (I) provide shelter to homeless youth [between the ages
of sixteen and twenty-one as defined in this article] WHO ARE AT LEAST
AGE SIXTEEN.
A. 3006--B 203
(II) PROVIDED, HOWEVER, THAT SHELTER MAY BE PROVIDED TO A HOMELESS
YOUTH UNDER THE AGE OF SIXTEEN IF THE MUNICIPALITY HAS NOTIFIED THE
OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH CLAUSE (IV) OF
SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FOUR
HUNDRED TWENTY OF THE EXECUTIVE LAW.
(B) SHELTER MAY BE PROVIDED TO A HOMELESS YOUTH IN A TRANSITIONAL
INDEPENDENT LIVING PROGRAM FOR A PERIOD OF UP TO EIGHTEEN MONTHS, OR UP
TO TWENTY-FOUR MONTHS WHEN AUTHORIZED IN THE APPLICABLE MUNICIPALITY'S
APPROVED COMPREHENSIVE PLAN;
(C) A HOMELESS YOUTH WHO ENTERED A TRANSITIONAL INDEPENDENT LIVING
PROGRAM UNDER THE AGE OF TWENTY-ONE MAY CONTINUE TO RECEIVE SHELTER
SERVICES IN SUCH PROGRAM BEYOND THE APPLICABLE PERIOD AUTHORIZED BY
PARAGRAPH (B) OF THIS SUBDIVISION, IF THE MUNICIPALITY HAS NOTIFIED THE
OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH CLAUSE (IV) OF
SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FOUR
HUNDRED TWENTY OF THE EXECUTIVE LAW;
[(b)] 2. work toward reuniting such homeless youth with his OR HER
parent, guardian or custodian, where possible;
[(c)] 3. provide or assist in securing necessary services for such
homeless youth, and where appropriate, his OR HER family, including but
not limited to housing, educational, medical care, legal, mental health,
and substance and alcohol abuse services. Where such program concludes
that such homeless youth would be eligible for assistance, care or
services from a local social services district, it shall assist such
youth in securing such assistance, care or services;
[(d)] 4. for a homeless youth whose service plan involves independent
living, provide practical assistance in achieving independence, either
through direct provision of services or through written agreements with
other community and public agencies for the provision of services in the
following areas; high school education or high school equivalency educa-
tion; higher education assessment; job training and job placement; coun-
seling; assistance in the development of socialization skills; guidance
and assistance in securing housing appropriate to needs and income; and
training in the development of skills necessary for responsible inde-
pendent living, including but not limited to money and home management,
personal care, and health maintenance; and
[(e)] 5. provide residential services to a youth in need of crisis
intervention or respite services, as defined in this article; [and]
[(f)] 6. continue to provide services to a homeless youth who is not
yet eighteen years of age but who has reached the [eighteen month] maxi-
mum TIME PERIOD provided by PARAGRAPH (B) OF subdivision [six] ONE of
THIS section [five hundred thirty-two-a of this article], until he or
she is eighteen years of age or for an additional six months if he or
she is still under the age of eighteen; and
[(g)] 7. CONTACT THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT IF IT
IS BELIEVED THAT THE YOUTH MAY BE A DESTITUTE CHILD, AS SUCH TERM IS
DEFINED IN SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT. THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE APPROPRIATE GUID-
ANCE TO THE RESIDENTIAL TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM
ON HOW TO ACCURATELY IDENTIFY A YOUTH THAT MAY BE A DESTITUTE CHILD;
8. PROVIDE INFORMATION TO ELIGIBLE YOUTH ABOUT THEIR ABILITY TO RE-EN-
TER FOSTER CARE IN ACCORDANCE WITH ARTICLE TEN-B OF THE FAMILY COURT
ACT, AND IN APPROPRIATE CASES, REFER ANY SUCH YOUTH WHO MAY BE INTER-
ESTED IN RE-ENTERING FOSTER CARE TO THE APPLICABLE LOCAL SOCIAL SERVICES
DISTRICT. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE THE
RESIDENTIAL TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM WITH THE
A. 3006--B 204
APPROPRIATE EDUCATIONAL MATERIALS TO GIVE TO ELIGIBLE YOUTH REGARDING
THEIR ABILITY TO RE-ENTER FOSTER CARE. THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL ALSO PROVIDE APPROPRIATE GUIDANCE TO RESIDENTIAL TRANSI-
TIONAL INDEPENDENT LIVING SUPPORT PROGRAM ON HOW TO ACCURATELY IDENTIFY
YOUTH THAT MAY BE ELIGIBLE TO RE-ENTER FOSTER CARE AND HOW TO REFER SUCH
YOUTH TO THE APPLICABLE LOCAL SOCIAL SERVICES DISTRICT IF APPROPRIATE;
AND
9. provide such reports and data as specified by the office of chil-
dren and family services.
§ 6. The executive law is amended by adding a new section 532-f to
read as follows:
§ 532-F. REQUIRED CERTIFICATION FOR RESIDENTIAL PROGRAMS. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY RESIDENTIAL
PROGRAM ESTABLISHED FOR THE PURPOSE OF SERVING RUNAWAY AND HOMELESS
YOUTH THAT SERVES ANY YOUTH UNDER THE AGE OF EIGHTEEN OR THAT IS
CONTAINED IN A MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN, MUST BE
CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND MUST BE
OPERATED BY AN AUTHORIZED AGENCY AS SUCH TERM IS DEFINED IN SUBDIVISION
TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
§ 7. Paragraph (iii) of subdivision (b) of section 724 of the family
court act, as amended by section 4 of part E of chapter 57 of the laws
of 2005, is amended to read as follows:
(iii) take a youth in need of crisis intervention or respite services
to [an approved] A runaway AND HOMELESS YOUTH CRISIS SERVICES program or
other approved respite or crisis program; or
§ 8. Subdivision 2 of section 447-a of the social services law, as
added by chapter 569 of the laws of 2008, is amended to read as follows:
2. The term "short-term safe house" means a residential facility oper-
ated by an authorized agency as defined in subdivision ten of section
three hundred seventy-one of this article including a residential facil-
ity operating as part of [an approved] A runaway AND HOMELESS YOUTH
CRISIS SERVICES program as defined in subdivision four of section five
hundred thirty-two-a of the executive law or a not-for-profit agency
with experience in providing services to sexually exploited youth and
approved in accordance with the regulations of the office of children
and family services that provides emergency shelter, services and care
to sexually exploited children including food, shelter, clothing,
medical care, counseling and appropriate crisis intervention services at
the time they are taken into custody by law enforcement and for the
duration of any legal proceeding or proceedings in which they are either
the complaining witness or the subject child. The short-term safe house
shall also be available at the point in time that a child under the age
of eighteen has first come into the custody of juvenile detention offi-
cials, law enforcement, local jails or the local commissioner of social
services or is residing with the local runaway and homeless youth
authority.
§ 9. This act shall take effect January 1, 2018; provided however,
that:
(a) the office of children and family services is authorized to
promulgate regulations regarding any of the provisions of this act on or
before the effective date of such act. Provided, however, the office
shall promulgate regulations specifying that services authorized in a
municipality's consolidated services plan in accordance with items (A)
and (B) of clause (iii) of subparagraph 3 of paragraph (a) of subdivi-
sion 2 of section 420 of the executive law as amended by section one of
this act may be provided by a program but are not required;
A. 3006--B 205
(b) the amendments to article 19-H of the executive law made by
section six of this act that require that certain residential runaway
and homeless youth programs be operated by authorized agencies shall be
deemed to apply to such programs that are certified by the office of
children and family services on or after the effective date of this act;
(c) the amendments to:
(i) paragraph a of subdivision 2 of section 420 of the executive law,
made by section one of this act, shall not affect the expiration and
reversion of such subdivision pursuant to section 9 of part G of chapter
57 of the laws of 2013 and shall expire and be deemed repealed there-
with; and
(ii) subdivisions 4 and 6 of section 532-a of the executive law, made
by section two of this act, shall not affect the expiration and rever-
sion of such subdivisions pursuant to section 9 of part G of chapter 57
of the laws of 2013 and shall expire and be deemed repealed therewith;
(iii) subdivision 2 of section 532-b of the executive law made by
section three of this act, shall not affect the expiration and reversion
of such subdivision pursuant to section 9 of part G of chapter 57 of the
laws of 2013 and shall expire and be deemed repealed therewith.
PART N
Section 1. The public health law is amended by adding a new article
29-I to read as follows:
ARTICLE 29-I
MEDICAL SERVICES FOR FOSTER CHILDREN
SECTION 2999-GG. VOLUNTARY FOSTER CARE AGENCY HEALTH FACILITIES.
§ 2999-GG. VOLUNTARY FOSTER CARE AGENCY HEALTH FACILITIES. 1. IN
ORDER FOR AN AUTHORIZED AGENCY THAT IS APPROVED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES TO CARE FOR OR BOARD OUT CHILDREN TO PROVIDE
LIMITED HEALTH-RELATED SERVICES AS DEFINED IN REGULATIONS OF THE DEPART-
MENT EITHER DIRECTLY OR THROUGH A CONTRACT ARRANGEMENT, SUCH AGENCY MUST
OBTAIN, IN ACCORDANCE WITH A SCHEDULE DEVELOPED BY THE DEPARTMENT IN
CONJUNCTION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, A LICENSE
ISSUED BY THE COMMISSIONER IN CONJUNCTION WITH THE OFFICE OF CHILDREN
AND FAMILY SERVICES TO PROVIDE SUCH SERVICES. SUCH SCHEDULE SHALL
REQUIRE THAT ALL SUCH AUTHORIZED AGENCIES OPERATING ON JANUARY FIRST,
TWO THOUSAND NINETEEN OBTAIN THE LICENSE REQUIRED BY THIS SECTION NO
LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN. SUCH LICENSES SHALL BE
ISSUED IN ACCORDANCE WITH THE STANDARDS SET FORTH IN THIS ARTICLE AND
THE REGULATIONS OF THE DEPARTMENT. PROVIDED HOWEVER, THAT A LICENSE
PURSUANT TO THIS SECTION SHALL NOT BE REQUIRED IF SUCH AUTHORIZED AGENCY
IS OTHERWISE AUTHORIZED TO PROVIDE LIMITED-HEALTH-RELATED SERVICES UNDER
A LICENSE ISSUED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW. FOR THE PURPOSES OF THIS
SECTION, THE TERM AUTHORIZED AGENCY SHALL BE AN AUTHORIZED AGENCY AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED
SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
2. SUCH LICENSE SHALL NOT BE ISSUED UNLESS IT IS DETERMINED THAT THE
EQUIPMENT, PERSONNEL, RULES, STANDARDS OF CARE AND SERVICES ARE FIT AND
ADEQUATE, AND THAT THE HEALTH-RELATED SERVICES WILL BE PROVIDED IN THE
MANNER REQUIRED BY THIS ARTICLE AND THE RULES AND REGULATIONS THERE-
UNDER.
A. 3006--B 206
3. THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL ENTER INTO A MEMORANDUM OF AGREEMENT FOR THE
PURPOSES OF ADMINISTERING THE REQUIREMENTS OF THIS SECTION.
4. PROCEEDINGS INVOLVING THE ISSUANCE OF LICENSES FOR HEALTH-RELATED
SERVICES TO AUTHORIZED AGENCIES:
(A) A LICENSE FOR HEALTH-RELATED SERVICES UNDER THIS ARTICLE MAY BE
REVOKED, SUSPENDED, LIMITED, ANNULLED OR DENIED BY THE COMMISSIONER, IN
CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, IF AN
AUTHORIZED AGENCY IS DETERMINED TO HAVE FAILED TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE OR THE RULES AND REGULATIONS PROMULGATED
THEREUNDER.
(B) NO SUCH LICENSE SHALL BE REVOKED, SUSPENDED, LIMITED, ANNULLED OR
DENIED WITHOUT A HEARING. HOWEVER, A LICENSE MAY BE TEMPORARILY
SUSPENDED OR LIMITED WITHOUT A HEARING FOR A PERIOD NOT IN EXCESS OF
THIRTY DAYS UPON WRITTEN NOTICE THAT THE CONTINUATION OF HEALTH-RELATED
SERVICES PLACES THE PUBLIC HEALTH OR SAFETY OF THE RECIPIENTS IN IMMI-
NENT DANGER.
(C) THE COMMISSIONER SHALL FIX A TIME AND PLACE FOR THE HEARING. A
COPY OF THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND PLACE OF
THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
FIED MAIL TO THE AUTHORIZED AGENCY AT LEAST TWENTY-ONE DAYS BEFORE THE
DATE FIXED FOR THE HEARING. THE AUTHORIZED AGENCY SHALL FILE WITH THE
DEPARTMENT NOT LESS THEN EIGHT DAYS PRIOR TO THE HEARING, A WRITTEN
ANSWER TO THE CHARGES.
(D) ALL ORDERS OR DETERMINATIONS HEREUNDER SHALL BE SUBJECT TO REVIEW
AS PROVIDED IN ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES. APPLICATION FOR SUCH REVIEW MUST BE MADE WITHIN SIXTY DAYS AFTER
SERVICE IN PERSON OR BY REGISTERED OR CERTIFIED MAIL OF A COPY OF THE
ORDER OR DETERMINATION UPON THE APPLICANT OR AGENCY.
§ 2. This act shall take effect immediately, provided, however, that
the department of health, in consultation with the office of children
and family services, shall issue any regulations necessary for the
implementation of this act.
PART O
Intentionally Omitted
PART P
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 O of chapter 54 of the laws of 2016, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least $141.00 for each month beginning on or after January
first, two thousand [sixteen] SEVENTEEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least $163.00 for each month beginning on or after
January first, two thousand [sixteen] SEVENTEEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$193.00] $194.00 for each month
beginning on or after January first, two thousand [sixteen] SEVENTEEN.
(d) for the period commencing January first, two thousand [seventeen]
EIGHTEEN, the monthly personal needs allowance shall be an amount equal
A. 3006--B 207
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 [seventeen] EIGHTEEN, but prior to June thirtieth, two thousand
[seventeen] EIGHTEEN, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
O of chapter 54 of the laws of 2016, are amended to read as follows:
(a) On and after January first, two thousand [sixteen] SEVENTEEN, for
an eligible individual living alone, [$820.00] $822.00; and for an
eligible couple living alone, [$1204.00] $1,207.00.
(b) On and after January first, two thousand [sixteen] SEVENTEEN, for
an eligible individual living with others with or without in-kind
income, [$756.00] $758.00; and for an eligible couple living with others
with or without in-kind income, [$1146.00] $1,149.00.
(c) On and after January first, two thousand [sixteen] SEVENTEEN, (i)
for an eligible individual receiving family care, [$999.48] $1,001.48 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, [$961.48]
$963.48; 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 [sixteen] SEVENTEEN, (i)
for an eligible individual receiving residential care, [$1168.00]
$1,170.00 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, [$1138.00] $1,140.00; 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 [sixteen] SEVENTEEN,
for an eligible individual receiving enhanced residential care,
[$1427.00] $1,429.00; 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 [seventeen] EIGHTEEN
but prior to June thirtieth, two thousand [seventeen] EIGHTEEN.
§ 3. This act shall take effect December 31, 2017.
PART Q
A. 3006--B 208
Section 1. Section 412 of the social services law is amended by adding
a new subdivision 9 to read as follows:
9. A "PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN"
MEANS ANY FACILITY WITH OVERNIGHT SLEEPING ACCOMMODATIONS AND THAT IS
USED TO HOUSE RECIPIENTS OF TEMPORARY HOUSING ASSISTANCE AND WHICH HOUS-
ES OR MAY HOUSE CHILDREN AND FAMILIES WITH CHILDREN.
§ 2. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the laws
of 2014, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist; licensed marriage and family
therapist; licensed mental health counselor; licensed psychoanalyst;
licensed behavior analyst; certified behavior analyst assistant; hospi-
tal personnel engaged in the admission, examination, care or treatment
of persons; a Christian Science practitioner; school official, which
includes but is not limited to school teacher, school guidance counse-
lor, school psychologist, school social worker, school nurse, school
administrator or other school personnel required to hold a teaching or
administrative license or certificate; full or part-time compensated
school employee required to hold a temporary coaching license or profes-
sional coaching certificate; social services worker; EMPLOYEE OF A PUBL-
ICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN; director of a
children's overnight camp, summer day camp or traveling summer day camp,
as such camps are defined in section thirteen hundred ninety-two of the
public health law; day care center worker; school-age child care worker;
provider of family or group family day care; employee or volunteer in a
residential care facility for children that is licensed, certified or
operated by the office of children and family services; or any other
child care or foster care worker; mental health professional; substance
abuse counselor; alcoholism counselor; all persons credentialed by the
office of alcoholism and substance abuse services; peace officer; police
officer; district attorney or assistant district attorney; investigator
employed in the office of a district attorney; or other law enforcement
official.
§ 3. Subdivision 3 of section 424-a of the social services law, as
amended by section 8 of part D of chapter 501 of the laws of 2012, is
amended to read as follows:
3. For purposes of this section, the term "provider" or "provider
agency" shall mean: an authorized agency[,]; the office of children and
family services[,]; juvenile detention facilities subject to the certif-
ication of [such] THE office[,] OF CHILDREN AND FAMILY SERVICES;
programs established pursuant to article nineteen-H of the executive
law[,]; non-residential or residential programs or facilities licensed
or operated by the office of mental health or the office for people with
A. 3006--B 209
developmental disabilities except family care homes[,]; licensed child
day care centers, including head start programs which are funded pursu-
ant to title V of the federal economic opportunity act of nineteen
hundred sixty-four, as amended[,]; early intervention service estab-
lished pursuant to section twenty-five hundred forty of the public
health law[,]; preschool services established pursuant to section
forty-four hundred ten of the education law[,]; school-age child care
programs[,]; special act school districts as enumerated in chapter five
hundred sixty-six of the laws of nineteen hundred sixty-seven, as
amended[,]; programs and facilities licensed by the office of alcoholism
and substance abuse services[,]; residential schools which are operated,
supervised or approved by the education department[,]; PUBLICLY-FUNDED
EMERGENCY SHELTERS FOR FAMILIES WITH CHILDREN, PROVIDED, HOWEVER, FOR
PURPOSES OF THIS SECTION, WHEN THE PROVIDER OR PROVIDER AGENCY IS A
PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHILDREN, THEN ALL
REFERENCES IN THIS SECTION TO THE "POTENTIAL FOR REGULAR AND SUBSTANTIAL
CONTACT WITH INDIVIDUALS WHO ARE CARED FOR BY THE AGENCY" SHALL MEAN THE
POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE
SERVED BY SUCH SHELTER; and any other facility or provider agency, as
defined in subdivision four of section four hundred eighty-eight of this
chapter, in regard to the employment of staff, or use of providers of
goods and services and staff of such providers, consultants, interns and
volunteers.
§ 4. The social services law is amended by adding a new section 460-h
to read as follows:
§ 460-H. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
EMPLOYEES, CONSULTANTS, ASSISTANTS AND VOLUNTEERS OF PUBLICLY-FUNDED
EMERGENCY SHELTERS FOR FAMILIES WITH CHILDREN. 1. EVERY PROVIDER OF
SERVICES TO PUBLICLY-FUNDED EMERGENCY SHELTERS FOR FAMILIES WITH CHIL-
DREN, AS SUCH PHRASE IS DEFINED IN SUBDIVISION NINE OF SECTION FOUR
HUNDRED TWELVE OF THIS CHAPTER, SHALL REQUEST FROM THE DIVISION OF CRIM-
INAL JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FORTY-FIVE-B OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE,
CONSULTANT, ASSISTANT OR VOLUNTEER OF SUCH PROVIDER WHO WILL HAVE THE
POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE
SERVED BY THE PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH CHIL-
DREN.
(A) PRIOR TO REQUESTING CRIMINAL HISTORY INFORMATION CONCERNING ANY
PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUNTEER, A PROVIDER
SHALL:
(1) INFORM THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUN-
TEER IN WRITING THAT THE PROVIDER IS REQUIRED TO REQUEST HIS OR HER
CRIMINAL HISTORY INFORMATION FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND REVIEW SUCH INFORMATION PURSUANT TO THIS SECTION; AND
(2) OBTAIN THE SIGNED INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE,
CONSULTANT, ASSISTANT OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES WHICH INDICATES THAT SUCH PERSON HAS:
(I) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
(II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
(III) CONSENTED TO SUCH REQUEST; AND
(IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS.
(B) UPON RECEIVING SUCH WRITTEN CONSENT, THE PROVIDER SHALL OBTAIN A
SET OF FINGERPRINTS OF SUCH PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT,
A. 3006--B 210
OR VOLUNTEER AND PROVIDE SUCH FINGERPRINTS TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO REGULATIONS ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
2. A PROVIDER SHALL DESIGNATE ONE OR TWO PERSONS IN ITS EMPLOY WHO
SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW THE CRIMINAL HISTORY
INFORMATION, AND ONLY SUCH PERSONS AND THE PROSPECTIVE EMPLOYEE,
CONSULTANT, ASSISTANT OR VOLUNTEER TO WHICH THE CRIMINAL HISTORY INFOR-
MATION RELATES SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED, HOWEVER,
THE CRIMINAL HISTORY INFORMATION MAY BE DISCLOSED TO OTHER PERSONNEL
AUTHORIZED BY THE PROVIDER WHO ARE EMPOWERED TO MAKE DECISIONS CONCERN-
ING PROSPECTIVE EMPLOYEES, CONSULTANTS, ASSISTANTS OR VOLUNTEERS AND
PROVIDED FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO THE
CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. A
PROVIDER SHALL NOTIFY EACH PERSON AUTHORIZED TO HAVE ACCESS TO CRIMINAL
HISTORY INFORMATION PURSUANT TO THIS SECTION.
3. A PROVIDER REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO THIS
SECTION SHALL ALSO COMPLETE A FORM DEVELOPED FOR SUCH PURPOSE BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE A SWORN
STATEMENT OF THE PERSON DESIGNATED BY SUCH PROVIDER TO REQUEST, RECEIVE
AND REVIEW CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION CERTIFYING THAT:
(A) SUCH CRIMINAL HISTORY INFORMATION WILL BE USED BY THE PROVIDER
SOLELY FOR PURPOSES AUTHORIZED BY THIS SECTION;
(B) THE PROVIDER AND ITS STAFF ARE AWARE OF AND WILL ABIDE BY THE
CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION;
AND
(C) THE PERSONS DESIGNATED BY THE PROVIDER TO RECEIVE CRIMINAL HISTORY
INFORMATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL UPON
RECEIPT IMMEDIATELY MARK SUCH CRIMINAL HISTORY INFORMATION "CONFIDEN-
TIAL," AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMATION
IN A SECURE PLACE.
4. UPON RECEIPT OF THE FINGERPRINTS AND SWORN STATEMENT REQUIRED BY
THIS SECTION, THE PROVIDER SHALL PROMPTLY SUBMIT THE FINGERPRINTS TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
5. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY PROVIDE
THE REQUESTED CRIMINAL HISTORY INFORMATION, IF ANY, TO THE PROVIDER THAT
TRANSMITTED THE FINGERPRINTS TO IT. CRIMINAL HISTORY INFORMATION
PROVIDED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THIS
SECTION SHALL BE FURNISHED ONLY BY MAIL OR OTHER METHOD OF SECURE AND
CONFIDENTIAL DELIVERY, ADDRESSED TO THE REQUESTING PROVIDER. SUCH INFOR-
MATION AND THE ENVELOPE IN WHICH IT IS ENCLOSED SHALL BE PROMINENTLY
MARKED "CONFIDENTIAL," AND SHALL AT ALL TIMES BE MAINTAINED BY THE
PROVIDER IN A SECURE PLACE.
6. UPON RECEIPT OF CRIMINAL HISTORY INFORMATION FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES, THE PROVIDER MAY REQUEST, AND IS ENTITLED TO
RECEIVE, INFORMATION PERTAINING TO ANY CRIME IDENTIFIED ON SUCH CRIMINAL
HISTORY INFORMATION FROM ANY STATE OR LOCAL LAW ENFORCEMENT AGENCY,
DISTRICT ATTORNEY, PAROLE OFFICER, PROBATION OFFICER OR COURT FOR THE
PURPOSES OF DETERMINING WHETHER ANY GROUNDS RELATING TO SUCH CRIME EXIST
FOR DENYING ANY APPLICATION, RENEWAL, OR EMPLOYMENT.
7. AFTER RECEIVING CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVI-
SIONS FIVE AND SIX OF THIS SECTION AND BEFORE MAKING A DETERMINATION,
THE PROVIDER SHALL PROVIDE THE PROSPECTIVE EMPLOYEE, CONSULTANT, ASSIST-
ANT OR VOLUNTEER WITH A COPY OF SUCH CRIMINAL HISTORY INFORMATION AND A
COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW AND INFORM SUCH
PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT AND VOLUNTEER OF HIS OR HER
A. 3006--B 211
RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH
CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO THE REGULATIONS AND PROCEDURES ESTABLISHED
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE RIGHT OF THE
PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUNTEER TO PROVIDE
INFORMATION RELEVANT TO SUCH ANALYSIS.
8. CRIMINAL HISTORY INFORMATION OBTAINED PURSUANT TO SUBDIVISIONS FIVE
AND SIX OF THIS SECTION SHALL BE CONSIDERED BY THE PROVIDER IN ACCORD-
ANCE WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
AND SUBDIVISIONS FIFTEEN AND SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX
OF THE EXECUTIVE LAW.
9. A PROSPECTIVE EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUNTEER MAY
WITHDRAW FROM THE APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME
REGARDLESS OF WHETHER HE OR SHE, OR THE PROVIDER, HAS REVIEWED HIS OR
HER CRIMINAL HISTORY INFORMATION. WHERE A PROSPECTIVE EMPLOYEE, CONSULT-
ANT, ASSISTANT OR VOLUNTEER WITHDRAWS FROM THE APPLICATION PROCESS, ANY
FINGERPRINTS AND CRIMINAL HISTORY INFORMATION CONCERNING SUCH PROSPEC-
TIVE EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUNTEER RECEIVED BY THE
PROVIDER SHALL, WITHIN NINETY DAYS, BE RETURNED TO SUCH PROSPECTIVE
EMPLOYEE, CONSULTANT, ASSISTANT OR VOLUNTEER BY THE PERSON DESIGNATED
FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO
OF THIS SECTION.
10. ANY PERSON WHO WILLFULLY PERMITS THE RELEASE OF ANY CONFIDENTIAL
CRIMINAL HISTORY INFORMATION CONTAINED IN THE REPORT TO PERSONS NOT
PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF
A MISDEMEANOR.
11. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN
CONSULTATION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,
SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION, WHICH SHALL INCLUDE CONVENIENT PROCEDURES
FOR THE PROVIDER TO PROMPTLY VERIFY THE ACCURACY OF THE REVIEWED CRIMI-
NAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE
ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
§ 5. Severability. If any clause, sentence, paragraph, subdivision, or
section contained in this act shall be adjudged by any court of compe-
tent jurisdiction to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, or
section 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
provision had not been included herein.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law; provided however that: the commissioner of the office
of children and family services, in consultation with the office of
temporary and disability assistance, shall promulgate all rules and
regulations necessary to implement the provisions of section two of this
act; the commissioner of the office of temporary and disability assist-
ance, in consultation with the office of children and family services,
shall promulgate all rules and regulations necessary to implement the
provisions of sections one and three of this act; and the commissioner
of the division of criminal justice services, in consultation with the
office of temporary and disability assistance, shall promulgate all
rules and regulations necessary to implement the provisions of section
four of this act; and provided further, the aforementioned rules or
regulations may be promulgated on an emergency basis.
A. 3006--B 212
PART R
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-two million nine hundred
sixty thousand dollars for the fiscal year ending March 31, 2018.
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-two million nine
hundred sixty 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 2016-2017 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, 2017.
§ 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-one million
dollars for the fiscal year ending March 31, 2018. 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 finance
agency, for the purposes of reimbursing any costs associated with Mitc-
hell Lama housing projects authorized by this section, a total sum not
to exceed forty-one million 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 2016-2017 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 March 31, 2018.
§ 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 eleven million two hundred seventy-
nine thousand dollars for the fiscal year ending March 31, 2018. Within
this total amount, one hundred fifty thousand dollars shall be used for
the purpose of entering into a contract with the neighborhood preserva-
tion coalition to provide technical assistance and services to companies
A. 3006--B 213
funded pursuant to article XVI of the private housing finance law.
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 eleven million two
hundred seventy-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 insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2016-2017 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, 2017.
§ 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 four million seven hundred thirty-nine
thousand dollars for the fiscal year ending March 31, 2018. Within this
total amount, one hundred fifty thousand dollars shall be used for the
purpose of entering into a contract with the rural housing coalition to
provide technical assistance and services to companies funded pursuant
to article XVII of the private housing finance law. Notwithstanding any
other provision of law, and subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing trust
fund corporation, for the purposes of reimbursing any costs associated
with rural preservation program contracts authorized by this section, a
total sum not to exceed four million seven hundred thirty-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
2016-2017 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,
2017.
§ 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 twenty-seven million
three hundred thousand dollars for the fiscal year ending March 31,
2018. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
A. 3006--B 214
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 and urban community invest-
ment fund program contracts authorized by this section, a total sum not
to exceed twenty-seven million three hundred thousand dollars, such
transfer to be made from (i) the special account of the mortgage insur-
ance 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 2016-2017 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 main-
tain 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, 2018.
§ 6. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, 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, a sum not to exceed
twenty-one million dollars for the fiscal year ending March 31, 2018.
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 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 twenty-one million dollars, such
transfer to be made from (i) the special account of the mortgage insur-
ance 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 2016-2017 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 main-
tain 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, 2018.
§ 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 two million dollars for the fiscal year ending March 31,
2018. 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 homes for working families program
contracts authorized by this section, a total sum not to exceed two
million dollars, such transfer to be made from (i) the special account
A. 3006--B 215
of the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2016-2017 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
March 31, 2018.
§ 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 six million five hundred twenty-
two thousand dollars for the fiscal year ending March 31, 2018. 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
New York state director of the budget, the board of directors of the
state of New York mortgage agency shall authorize the transfer to the
homeless housing and assistance corporation, a total sum not to exceed
six million five hundred twenty-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 insurance fund, as determined and certified by the state of
New York mortgage agency for the fiscal year 2016-2017 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 March 31, 2018.
§ 9. Notwithstanding any other provision of law to the contrary, the
state office for the aging may provide, for costs associated with
naturally occurring retirement communities, a sum not to exceed one
million dollars for the fiscal year ending March 31, 2018. Notwith-
standing any other provision of law to the contrary, 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 state office for the aging, for the purposes of reim-
bursing any costs associated with naturally occurring retirement commu-
nities authorized by this section, a total sum not to exceed one million
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
A. 3006--B 216
2016-2017 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,
2018.
§ 10. Notwithstanding any other provision of law to the contrary, the
state office for the aging may provide, for costs associated with neigh-
borhood naturally occurring retirement communities, a sum not to exceed
one million dollars for the fiscal year ending March 31, 2018. Notwith-
standing any other provision of law to the contrary, 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 state office for the aging, for the purposes of reim-
bursing any costs associated with neighborhood naturally occurring
retirement communities authorized by this section, a total sum not to
exceed one million 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 2016-2017 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, 2018.
§ 11. Notwithstanding any other provision of law to the contrary, the
New York City Housing Authority may provide, for the purposes of carry-
ing out the resident watch program, a sum not to exceed one million two
hundred thousand dollars for the fiscal year ending March 31, 2018.
Notwithstanding any other provision of law to the contrary, 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 New York City Housing Authority, for the purposes of
carrying out the resident watch program authorized by this section, a
total sum not to exceed one million two hundred thousand dollars, such
transfer to be made from (i) the special account of the mortgage insur-
ance 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 2016-2017 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 main-
tain 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, 2018.
A. 3006--B 217
§ 12. Notwithstanding any other provision of law, the department of
law may provide, for costs associated with foreclosure prevention
services, a sum not to exceed ten million dollars for the fiscal year
ending March 31, 2018. Notwithstanding any other provision of law, the
board of directors of the state of New York mortgage agency shall
authorize the transfer to the department of law for costs associated
with foreclosure prevention services authorized by this section, a total
sum not to exceed ten million 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 2016-2017 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 March 31, 2018.
§ 13. This act shall take effect immediately.
PART S
Intentionally Omitted
PART T
Section 1. Section 170.15 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN
ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON AN INFORMATION, A SIMPLIFIED
INFORMATION, A PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT PEND-
ING IN A LOCAL CRIMINAL COURT, SUCH COURT MAY, UPON MOTION OF THE
DEFENDANT AND AFTER GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE
HEARD, ORDER THAT THE ACTION BE REMOVED FROM THE COURT IN WHICH THE
MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY, OR
WITH CONSENT OF THE DISTRICT ATTORNEY TO ANOTHER COURT IN AN ADJOINING
COUNTY, THAT HAS BEEN DESIGNATED AS A VETERANS COURT BY THE CHIEF ADMIN-
ISTRATOR OF THE COURTS, AND SUCH VETERANS COURT MAY THEN CONDUCT SUCH
ACTION TO JUDGMENT OR OTHER FINAL DISPOSITION; PROVIDED, HOWEVER, THAT
AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVISION SHALL NOT TAKE EFFECT
UNTIL FIVE DAYS AFTER THE DATE THE ORDER IS ISSUED UNLESS, PRIOR TO SUCH
EFFECTIVE DATE, THE VETERANS COURT NOTIFIES THE COURT THAT ISSUED THE
ORDER THAT:
(A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
TAKE EFFECT, OR
(B) IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE,
IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH (A) OR (B) OF THIS
SUBDIVISION, THE VETERANS COURT SHALL PROMPTLY GIVE NOTICE TO THE
DEFENDANT, HIS OR HER COUNSEL AND THE DISTRICT ATTORNEY.
§ 2. Section 180.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
A. 3006--B 218
4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN
ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON A FELONY COMPLAINT PENDING
IN A LOCAL CRIMINAL COURT HAVING PRELIMINARY JURISDICTION THEREOF, SUCH
COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER GIVING THE DISTRICT
ATTORNEY AN OPPORTUNITY TO BE HEARD, ORDER THAT THE ACTION BE REMOVED
FROM THE COURT IN WHICH THE MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL
COURT IN THE SAME COUNTY, OR WITH CONSENT OF THE DISTRICT ATTORNEY TO
ANOTHER COURT IN AN ADJOINING COUNTY, THAT HAS BEEN DESIGNATED AS A
VETERANS COURT BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND SUCH VETER-
ANS COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR OTHER FINAL DISPO-
SITION; PROVIDED, HOWEVER, THAT AN ORDER OF REMOVAL ISSUED UNDER THIS
SUBDIVISION SHALL NOT TAKE EFFECT UNTIL FIVE DAYS AFTER THE DATE THE
ORDER IS ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE, THE VETERANS COURT
NOTIFIES THE COURT THAT ISSUED THE ORDER THAT:
(A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
TAKE EFFECT, OR
(B) IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE,
IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH (A) OR (B) OF THIS
SUBDIVISION, THE VETERANS COURT SHALL PROMPTLY GIVE NOTICE TO THE
DEFENDANT, HIS OR HER COUNSEL AND THE DISTRICT ATTORNEY.
§ 3. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (u) to read as follows:
(U) TO THE EXTENT PRACTICABLE, ESTABLISH SUCH NUMBER OF VETERANS
COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVISION FIVE
OF SECTION 170.15 AND SUBDIVISION FOUR OF SECTION 180.20 OF THE CRIMINAL
PROCEDURE LAW.
§ 4. This act shall take effect immediately.
PART U
Intentionally Omitted
PART V
Section 1. Subdivision 2 of section 410-x of the social services law,
as amended by chapter 416 of the laws of 2000, is amended to read as
follows:
2. (a) A social services district may establish priorities for the
families which will be eligible to receive funding; provided that the
priorities provide that eligible families will receive equitable access
to child care assistance funds to the extent that these funds are avail-
able.
(b) A social services district shall set forth its priorities for
child care assistance in the district's consolidated services plan. The
commissioner of the office of children and family services shall not
approve any plan that does not provide for equitable access to child
care assistance funds.
(c) A social services district shall be authorized to set aside
portions of its block grant allocation to serve one or more of its
priority groups and/or to discontinue funding to families with lower
priorities in order to serve families with higher priorities; provided
that the method of disbursement to priority groups provides that eligi-
ble families within a priority group will receive equitable access to
A. 3006--B 219
child care assistance funds to the extent that these funds are avail-
able.
(d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT HAVE SUFFI-
CIENT FUNDING TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED
PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH WORK
EXEMPTION PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ANY PARENT OR OTHER RELATIVE IN
RECEIPT OF PUBLIC ASSISTANCE WHO IS PERSONALLY PROVIDING CARE FOR A
CHILD UNDER ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT OR OTHER
RELATIVE HAS PREVIOUSLY BEEN OFFERED AN EXEMPTION UNDER SUCH SECTION
THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT APPLY TO INDIVIDUALS
WHO:
(I) SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME;
OR
(II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE PORTION
OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME.
(E) IN THE EVENT THAT A SOCIAL SERVICES DISTRICT MUST DISCONTINUE
FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF CHILDREN AND
FAMILY SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC-
ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED, THE SOCIAL
SERVICES DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITHIN TEN DAYS OF SUCH RESTORATION.
(F) Each social services district shall collect and submit to the
commissioner of the office of children and family services in a manner
to be specified by the commissioner of the office of children and family
services information concerning the disbursement of child care assist-
ance funds showing geographic distribution of children receiving assist-
ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER-
WISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE
DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES AND
THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT.
[(e)] (G) The commissioner of the office of children and family
services shall submit a report to the governor, temporary president of
the senate and the speaker of the assembly on or before August thirty-
first[, two thousand one] OF EVERY YEAR concerning the implementation of
this section. This report shall include information concerning the
disbursement of child care assistance funds showing geographic distrib-
ution of children receiving assistance within the state. BEGINNING
AUGUST THIRTY-FIRST, ONE YEAR AFTER THE CHAPTER OF THE LAWS OF TWO THOU-
SAND SEVENTEEN THAT AMENDED THIS SUBDIVISION SHALL TAKE EFFECT, AND EACH
SUBSEQUENT REPORT THEREAFTER, SUCH REPORT SHALL ALSO:
(I) IDENTIFY THE COUNTIES THAT HAVE DISCONTINUED OR RESTORED FUNDING
TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION;
(II) LIST THE PRIORITY GROUPS AFFECTED;
(III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY
THIS REPORT THE NUMBER OF WORKING FAMILIES WHO WERE OTHERWISE ELIGIBLE
FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT
LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND
(IV) THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A
RESULT.
§ 2. This act shall take effect April 1, 2017.
PART W
A. 3006--B 220
Section 1. Subdivision 1 of section 336-a of the social services law,
as amended by section 4 of part J of chapter 58 of the laws of 2014, is
amended to read as follows:
1. Social services districts shall make available vocational educa-
tional training and educational activities. Such activities [may] SHALL
include but need not be limited to, high school education or education
designed to prepare a participant for a high school equivalency certif-
icate, basic and remedial education, education in English proficiency
and no more than a total of four years of post-secondary education (or
the part-time equivalent). Educational activities pursuant to this
section may be offered with any of the following providers which meet
the performance or assessment standards established in regulations by
the commissioner for such providers: a community college, licensed trade
school, registered business school, or a two-year or four-year college;
provided, however, that such post-secondary education must be necessary
to the attainment of the participant's individual employment goal as set
forth in the employability plan and such goal must relate directly to
obtaining useful employment in a recognized occupation. When making any
assignment to any educational activity pursuant to this subdivision,
such assignment shall be permitted only to the extent that such assign-
ment is consistent with the individual's assessment and employment plan
goals in accordance with sections three hundred thirty-five and three
hundred thirty-five-a of this title and shall require that the individ-
ual maintains satisfactory academic progress and hourly participation is
documented consistent with federal and state requirements. For purposes
of this provision "satisfactory academic progress" shall mean having a
cumulative C average, or its equivalent, as determined by the academic
institution. The requirement to maintain satisfactory academic progress
may be waived if done so by the academic institution and the social
services district based on undue hardship caused by an event such as a
personal injury or illness of the student, the death of a relative of
the student or other extenuating circumstances. Any enrollment in post-
secondary education beyond a twelve month period must be combined with
no less than twenty hours of participation averaged weekly in paid
employment or work activities or community service when paid employment
is not available.
§ 2. Section 336 of the social services law is amended by adding a new
subdivision 9 to read as follows:
9. FOR ANY PARTICIPANT ENGAGED IN AN EDUCATIONAL OR TRAINING ACTIVITY
PURSUANT TO PARAGRAPHS (H), (I), (J), (K) OR (N) OF SUBDIVISION ONE OF
THIS SECTION, HOMEWORK EXPECTED OR REQUIRED BY THE EDUCATIONAL INSTITU-
TION, INCLUDING UP TO ONE HOUR OF UNSUPERVISED HOMEWORK PER HOUR OF
CLASS TIME, PLUS ADDITIONAL HOURS OF HOMEWORK SUPERVISED BY THE EDUCA-
TIONAL INSTITUTION, SHALL COUNT TOWARDS SATISFACTION OF THE PARTIC-
IPANT'S WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE, TO THE EXTENT THAT
SUCH PARTICIPATION SHALL NOT IMPAIR THE NEED OF THE SOCIAL SERVICES
DISTRICT TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIRE-
MENTS.
§ 3. This act shall take effect April 1, 2017.
PART X
Section 1. The education law is amended by adding a new article 128 to
read as follows:
ARTICLE 128
PUBLIC UNIVERSITY AFFILIATED ORGANIZATIONS AND FOUNDATIONS
A. 3006--B 221
SECTION 6360. PUBLIC UNIVERSITY AND FOUNDATION OVERSIGHT.
§ 6360. PUBLIC UNIVERSITY AND FOUNDATION OVERSIGHT. 1. DEFINITION.
FOR PURPOSES OF THIS SECTION, THE TERM "AFFILIATED ORGANIZATION OR FOUN-
DATION" SHALL MEAN AN ORGANIZATION OR FOUNDATION FORMED UNDER THE NOT-
FOR-PROFIT CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENEFIT OF
OR CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY
OF NEW YORK OR THEIR RESPECTIVE UNIVERSITIES, COLLEGES, COMMUNITY
COLLEGES, CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF
THE STATE UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY
UNIVERSITY OF NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR
PROVIDING A DIRECT BENEFIT TO, THE RESPECTIVE UNIVERSITY, COLLEGE,
COMMUNITY COLLEGE, CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE,
THAT HAS CONTROL OF, MANAGES OR RECEIVES ONE HUNDRED THOUSAND DOLLARS OR
MORE ANNUALLY, INCLUDING ALUMNI ASSOCIATIONS. FOR THE PURPOSES OF THIS
SECTION, THIS TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED
SOLELY OF ENROLLED STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A
STUDENT OBJECTIVE.
2. FINANCIAL CONTROL POLICIES. (A) THE TRUSTEES OF THE STATE UNIVERSI-
TY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK AND EACH AFFILIATED
ORGANIZATION OR FOUNDATION SHALL RESPECTIVELY ADOPT FINANCIAL CONTROL
POLICIES DESIGNED TO PREVENT CORRUPTION, FRAUD, CRIMINAL ACTIVITY,
CONFLICTS OF INTEREST OR ABUSE.
(B) THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK,
AND EACH AFFILIATED ORGANIZATION OR FOUNDATION SHALL EACH APPOINT
COMPLIANCE OFFICERS TO PROVIDE ASSISTANCE IN OVERSIGHT AND MONITORING OF
THE FINANCIAL CONTROL POLICIES ESTABLISHED PURSUANT TO THIS SECTION BY
THE RESPECTIVE STATE UNIVERSITY OF NEW YORK, CITY UNIVERSITY OF NEW YORK
OR AFFILIATED ORGANIZATION OR FOUNDATION.
3. REPORTING REQUIREMENTS. (A) THE TRUSTEES OF THE STATE UNIVERSITY OF
NEW YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL REQUIRE, ON OR BEFORE
NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF ANY AFFILIATED ORGAN-
IZATION OR FOUNDATION, IN A STANDARDIZED FORMAT DEVELOPED BY THE CHAN-
CELLOR. THE ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE POSTED
PUBLICLY ON THE WEBSITE OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY
UNIVERSITY OF NEW YORK, RESPECTIVELY, IN A READABLE FORMAT BY NOVEMBER
FIRST OF EACH YEAR. THE REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS FOLLOWING GENER-
ALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED IN SUBDIVISION TEN OF
SECTION TWO OF THE STATE FINANCE LAW; AND ANY LONG-TERM LIABILITIES;
(II) A LIST OF ALL CONTRACTS INCLUDING AMOUNT, PURPOSE AND IDENTIFYING
VENDOR INFORMATION OF EACH; AND
(III) THE TOTAL NUMBER OF EMPLOYEES OF SUCH ORGANIZATION OR FOUNDATION
BY DEPARTMENT AND JOB LOCATION AND AMOUNT SPENT ON PERSONNEL BY DEPART-
MENT AND JOB LOCATION, WHICH SHALL INCLUDE ANNUAL EMPLOYEE SALARIES, OR
OTHER COMPENSATION, EMPLOYEE JOB TITLES AND DESCRIPTIONS AND EMPLOYEE
BENEFITS.
(B) THE REPORTS REQUIRED BY THIS SUBDIVISION SHALL NOT REQUIRE DISCLO-
SURE OF INFORMATION THAT: (I) IS SPECIFICALLY EXEMPTED FROM DISCLOSURE
BY STATE OR FEDERAL LAW; (II) IF DISCLOSED WOULD CONSTITUTE AN UNWAR-
RANTED INVASION OF PERSONAL PRIVACY UNDER THE PROVISIONS OF SUBDIVISION
TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW; (III) IF
DISCLOSED WOULD IMPAIR IMMINENT CONTRACT AWARDS OR COLLECTIVE BARGAINING
NEGOTIATIONS; (IV) ARE TRADE SECRETS OR IS INFORMATION THAT IF DISCLOSED
WOULD CAUSE SUBSTANTIAL INJURY TO A COMPETITIVE BUSINESS POSITION; (V)
ARE RECORDS OF AN AFFILIATED ORGANIZATION OR FOUNDATION RELATING TO
CHARITABLE DONORS OR PROSPECTIVE DONORS, PROVIDED THAT RECORDS RELATING
A. 3006--B 222
TO FUNDRAISING STRATEGIES WOULD, IF DISCLOSED, IMPAIR THE ABILITY OF
SUCH AFFILIATED ORGANIZATION OR FOUNDATION TO ATTRACT OR GAIN DONATIONS,
AND PROVIDED, HOWEVER, THAT THE NAME OF ANY DONOR AND THE AMOUNT OF
DONATION MADE BY SUCH DONOR SHALL BE SUBJECT TO DISCLOSURE IF SUCH
DONOR, OR ANY ENTITY IN WHICH SUCH DONOR HAS A SUBSTANTIAL INTEREST,
SEEKS TO TRANSACT BUSINESS, OR DOES TRANSACT BUSINESS, WITH SUCH AFFIL-
IATED ORGANIZATION OR FOUNDATION TO WHICH THE DONATION IS MADE WITHIN
THREE YEARS OF THE DATE OF SUCH DONATION; AND (VI) ARE ACADEMIC OR
SCIENTIFIC RESEARCH OR RESEARCH-RELATED RECORDS, INCLUDING ANY DRAFT,
PRELIMINARY OR UNFUNDED GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY
THE AFFILIATED ORGANIZATION OR FOUNDATION ITSELF OR IN CONJUNCTION WITH
A THIRD PARTY, OR RECORDS RELATING TO SUCH AFFILIATED ORGANIZATION OR
FOUNDATION'S INTELLECTUAL PROPERTY, WHICH, IF DISCLOSED, WOULD ADVERSELY
AFFECT LICENSE, PATENT, COPYRIGHT OR OTHER RIGHTS OF SUCH AFFILIATED
ORGANIZATION OR FOUNDATION. THIS PARAGRAPH SHALL NOT BE CONSTRUED TO
PERMIT AN AFFILIATED ORGANIZATION OR FOUNDATION TO WITHHOLD RECORDS OR
PORTIONS THEREOF PERTAINING TO THE NAME, TITLE, EXPENDITURE, SOURCE OR
AMOUNT OF PUBLIC FUNDING RELATING TO SUCH RESEARCH OR INTELLECTUAL PROP-
ERTY.
4. ACCESS TO RECORDS. A. ACCESS TO RECORDS OF EACH AFFILIATED ORGAN-
IZATION OR FOUNDATION WHICH RECEIVES OR DISTRIBUTES ANY PUBLIC MONEY,
AND WHICH PROVIDES GRANTS, FUNDING OR OTHER SUPPORT FOR ECONOMIC DEVEL-
OPMENT PURPOSES, CONSTRUCTION PURPOSES, OR OTHER CAPITAL PURPOSES, SHALL
BE GOVERNED PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW,
PROVIDED, HOWEVER, THAT SUCH AFFILIATED ORGANIZATION OR FOUNDATION MAY
ALSO DENY ACCESS TO RECORDS OR PORTIONS THEREOF THAT: (I) ARE RECORDS OF
AN AFFILIATED ORGANIZATION OR FOUNDATION RELATING TO CHARITABLE DONORS
OR PROSPECTIVE DONORS PROVIDED THAT RECORDS RELATING TO FUNDRAISING
STRATEGIES WOULD, IF DISCLOSED, IMPAIR THE ABILITY OF SUCH AFFILIATED
ORGANIZATION OR FOUNDATION TO ATTRACT OR GAIN DONATIONS, AND PROVIDED,
HOWEVER, THAT THE NAME OF ANY DONOR AND THE AMOUNT OF ANY DONATION MADE
BY SUCH DONOR SHALL BE SUBJECT TO DISCLOSURE IF SUCH DONOR, OR ANY ENTI-
TY IN WHICH SUCH DONOR HAS A SUBSTANTIAL INTEREST, SEEKS TO TRANSACT
BUSINESS, OR DOES TRANSACT BUSINESS, WITH SUCH AFFILIATED ORGANIZATION
OR FOUNDATION TO WHICH THE DONATION IS MADE WITHIN THREE YEARS OF THE
DATE OF SUCH DONATION; OR (II) ARE ACADEMIC OR SCIENTIFIC RESEARCH OR
RESEARCH-RELATED RECORDS, INCLUDING ANY DRAFT, PRELIMINARY OR UNFUNDED
GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY THE AFFILIATED ORGAN-
IZATION OR FOUNDATION ITSELF OR IN CONJUNCTION WITH A THIRD PARTY, OR
RECORDS RELATING TO SUCH AFFILIATED ORGANIZATION OR FOUNDATION'S INTEL-
LECTUAL PROPERTY, WHICH, IF DISCLOSED, WOULD ADVERSELY AFFECT LICENSE,
PATENT, COPYRIGHT OR OTHER RIGHTS OF SUCH AFFILIATED ORGANIZATION OR
FOUNDATION;
B. THIS SUBDIVISION SHALL NOT BE CONSTRUED TO PERMIT AN AFFILIATED
ORGANIZATION OR FOUNDATION TO WITHHOLD RECORDS OR PORTIONS THEREOF
PERTAINING TO THE NAME, TITLE, EXPENDITURE, SOURCE OR AMOUNT OF PUBLIC
FUNDING RELATING TO SUCH RESEARCH OR INTELLECTUAL PROPERTY.
C. THIS SUBDIVISION SHALL BE LIBERALLY CONSTRUED TO PROVIDE ACCESS TO
RECORDS TO THE GREATEST EXTENT POSSIBLE.
5. OPEN MEETINGS. A. MEETINGS OF EACH AFFILIATED ORGANIZATION OR FOUN-
DATION WHICH RECEIVES OR DISTRIBUTES ANY PUBLIC MONEY, AND WHICH
PROVIDES GRANTS, FUNDING OR OTHER SUPPORT FOR ECONOMIC DEVELOPMENT
PURPOSES, CONSTRUCTION PURPOSES, OR OTHER CAPITAL PURPOSES, SHALL BE
OPEN TO THE PUBLIC PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW,
PROVIDED, HOWEVER, THAT AN AFFILIATED ORGANIZATION OR FOUNDATION MAY
UPON A MAJORITY VOTE OF ITS TOTAL MEMBERSHIP, TAKEN IN AN OPEN MEETING
A. 3006--B 223
PURSUANT TO A MOTION IDENTIFYING THE SPECIFIC SUBJECT TO BE CONSIDERED
MAY ALSO CONDUCT AN EXECUTIVE SESSION TO DISCUSS: (I) MATTERS RELATING
TO CHARITABLE DONORS OR PROSPECTIVE DONORS PROVIDED THAT DISCUSSION OF
SUCH FUNDRAISING STRATEGIES WOULD, IF DISCUSSED IN PUBLIC, IMPAIR THE
ABILITY OF SUCH AFFILIATED ORGANIZATION OR FOUNDATION TO ATTRACT OR GAIN
DONATIONS; OR (II) MATTERS THAT ARE ACADEMIC OR SCIENTIFIC RESEARCH OR
RESEARCH-RELATED, INCLUDING DISCUSSION OF ANY DRAFT, PRELIMINARY OR
UNFUNDED GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY THE AFFILIATED
ORGANIZATION OR FOUNDATION ITSELF OR IN CONJUNCTION WITH A THIRD PARTY;
OR (III) MATTERS RELATING TO SUCH AFFILIATED ORGANIZATION OR FOUNDA-
TION'S INTELLECTUAL PROPERTY, WHICH, IF DISCLOSED, WOULD ADVERSELY
AFFECT LICENSE, PATENT, COPYRIGHT OR OTHER RIGHTS OF SUCH AFFILIATED
ORGANIZATION OR FOUNDATION.
B. THIS SUBDIVISION SHALL BE LIBERALLY CONSTRUED TO PERMIT PUBLIC
ACCESS TO MEETINGS OF THE AFFILIATED ORGANIZATION OR FOUNDATION TO THE
GREATEST EXTENT POSSIBLE.
§ 2. This act shall take effect immediately.
PART Y
Section 1. Item 1 of clause (A) of subparagraph (i) of paragraph a of
subdivision 3 of section 667 of the education law, as amended by section
1 of part H of chapter 58 of the laws of 2011, the opening paragraph as
amended by section 2 of part X, subitem (a) as amended by section 2,
subitem (b) as amended by section 3 and subitem (c) as amended by
section 1 of part U of chapter 56 of the laws of 2014 and subitem (d) as
added by section 1 of part E of chapter 58 of the laws of 2011, is
amended to read as follows:
(1) In the case of students who have not been granted an exclusion of
parental income, who have qualified as an orphan, foster child, or ward
of the court for the purposes of federal student financial aid programs
authorized by Title IV of the Higher Education Act of 1965, as amended,
or had a dependent for income tax purposes during the tax year next
preceding the academic year for which application is made, except for
those students who have been granted exclusion of parental income who
have a spouse but no other dependent:
(a) For students first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two thousand--two thou-
sand one, four thousand two hundred ninety dollars, EXCEPT STARTING IN
TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SUCH STUDENTS SHALL
RECEIVE FOUR THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS; STARTING IN TWO
THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SUCH STUDENTS SHALL RECEIVE
FOUR THOUSAND NINE HUNDRED SIXTY DOLLARS; STARTING IN TWO THOUSAND NINE-
TEEN--TWO THOUSAND TWENTY SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND TWO
HUNDRED NINETY-FIVE DOLLARS; AND STARTING IN TWO THOUSAND TWENTY--TWO
THOUSAND TWENTY-ONE AND THEREAFTER SUCH STUDENT SHALL RECEIVE FIVE THOU-
SAND SIX HUNDRED THIRTY DOLLARS; or
(b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three thousand seven hundred
forty dollars, EXCEPT STARTING IN TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN SUCH STUDENTS SHALL RECEIVE FOUR THOUSAND SEVENTY-FIVE DOLLARS;
STARTING IN TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SUCH STUDENTS
SHALL RECEIVE FOUR THOUSAND FOUR HUNDRED TEN DOLLARS; STARTING IN TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY SUCH STUDENTS SHALL RECEIVE FOUR
THOUSAND SEVEN HUNDRED FORTY-FIVE DOLLARS; AND STARTING IN TWO THOUSAND
A. 3006--B 224
TWENTY--TWO THOUSAND TWENTY-ONE AND THEREAFTER SUCH STUDENTS SHALL
RECEIVE FIVE THOUSAND EIGHTY DOLLARS; or
(c) For students first receiving aid in two thousand--two thousand one
and thereafter, five thousand dollars, except starting in two thousand
fourteen-two thousand fifteen and thereafter such students shall receive
five thousand one hundred sixty-five dollars, EXCEPT STARTING IN TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SUCH STUDENTS SHALL RECEIVE
FIVE THOUSAND FIVE HUNDRED DOLLARS; STARTING IN TWO THOUSAND EIGHTEEN--
TWO THOUSAND NINETEEN SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND EIGHT
HUNDRED THIRTY-FIVE DOLLARS; STARTING IN TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SUCH STUDENTS SHALL RECEIVE SIX THOUSAND ONE HUNDRED
SEVENTY DOLLARS; AND STARTING IN TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE AND THEREAFTER SUCH STUDENTS SHALL RECEIVE SIX THOUSAND FIVE
HUNDRED DOLLARS; or
(d) For undergraduate students enrolled in a program of study at a
non-public degree-granting institution that does not offer a program of
study that leads to a baccalaureate degree, or at a registered not-for-
profit business school qualified for tax exemption under section
501(c)(3) of the internal revenue code for federal income tax purposes
that does not offer a program of study that leads to a baccalaureate
degree, four thousand dollars. Provided, however, that this subitem
shall not apply to students enrolled in a program of study leading to a
certificate or degree in nursing.
§ 2. Item 2 of clause (A) of subparagraph (i) of paragraph a of subdi-
vision 3 of section 667 of the education law, as amended by section 2 of
part H of chapter 58 of the laws of 2011, is amended to read as follows:
(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph and those students who have been granted exclu-
sion of parental income who have a spouse but no other dependent.
(a) For students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
teen hundred ninety-six and thereafter, three thousand twenty-five
dollars, EXCEPT STARTING IN TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
TEEN SUCH STUDENTS SHALL RECEIVE THREE THOUSAND THREE HUNDRED SIXTY
DOLLARS; STARTING IN TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SUCH
STUDENTS SHALL RECEIVE THREE THOUSAND SIX HUNDRED NINETY-FIVE DOLLARS;
STARTING IN TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SUCH STUDENTS
SHALL RECEIVE FOUR THOUSAND THIRTY DOLLARS; AND STARTING IN TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE AND THEREAFTER SUCH STUDENTS SHALL
RECEIVE FOUR THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS; or
(b) For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
teen hundred ninety-four, two thousand five hundred seventy-five
dollars, EXCEPT STARTING IN TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
TEEN SUCH STUDENTS SHALL RECEIVE TWO THOUSAND NINE HUNDRED TEN DOLLARS;
STARTING IN TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SUCH STUDENTS
SHALL RECEIVE THREE THOUSAND TWO HUNDRED FORTY-FIVE DOLLARS; STARTING IN
TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SUCH STUDENTS SHALL RECEIVE
THREE THOUSAND FIVE HUNDRED EIGHTY DOLLARS; AND STARTING IN TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE AND THEREAFTER SUCH STUDENTS SHALL
RECEIVE THREE THOUSAND NINE HUNDRED FIFTEEN DOLLARS; or
(c) For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand four hundred fifty
dollars, EXCEPT STARTING IN TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
TEEN SUCH STUDENTS SHALL RECEIVE TWO THOUSAND SEVEN HUNDRED EIGHTY-FIVE
DOLLARS; STARTING IN TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SUCH
A. 3006--B 225
STUDENTS SHALL RECEIVE THREE THOUSAND ONE HUNDRED TWENTY DOLLARS; START-
ING IN TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SUCH STUDENTS SHALL
RECEIVE THREE THOUSAND FOUR HUNDRED FIFTY-FIVE DOLLARS; AND STARTING IN
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND THEREAFTER SUCH
STUDENTS SHALL RECEIVE THREE THOUSAND SEVEN HUNDRED NINETY DOLLARS; or
§ 3. This act shall take effect July 1, 2017.
PART Z
Section 1. Part 3 of article 14 of the education law is amended by
adding a new section 685 to read as follows:
§ 685. STUDENT LOAN REFINANCE PROGRAM. 1. THE PRESIDENT, IN COLLAB-
ORATION WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, SHALL
MAKE RECOMMENDATIONS FOR A PROGRAM TO ALLOW QUALIFIED RESIDENTS TO REFI-
NANCE STUDENT LOAN DEBT FROM AN ELIGIBLE COLLEGE AT A FAVORABLE INTEREST
RATE. THE PRESIDENT AND THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
MAY REQUIRE QUALIFIED RESIDENTS TO MEET MINIMUM CREDIT STANDARDS TO
REFINANCE LOANS THROUGH ANY SUCH PROGRAM. SUCH RECOMMENDATIONS SHALL BE
DEVELOPED ON OR BEFORE NOVEMBER FIRST, TWO THOUSAND EIGHTEEN AND THE
PRESIDENT AND THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL
ISSUE A REPORT AT SUCH TIME TO THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE FINANCE
COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON SUCH RECOMMENDA-
TIONS.
2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "QUALIFIED RESIDENT" SHALL MEAN: (I) A PERSON WHO HAS LEGALLY
RESIDED IN THE STATE FOR AT LEAST SEVEN OF THE PREVIOUS TEN YEARS,
INCLUDING THE MOST RECENT THREE YEARS; AND (II) HAS BEEN PAYING STUDENT
LOANS ON TIME FOR THE PAST TEN YEARS.
(B) "ELIGIBLE COLLEGE" SHALL MEAN A POST-SECONDARY INSTITUTION ELIGI-
BLE FOR FUNDS UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF NINETEEN
HUNDRED SIXTY-FIVE, AS AMENDED, OR SUCCESSOR STATUTE OFFERING A TWO-
YEAR, FOUR-YEAR, GRADUATE OR PROFESSIONAL DEGREE GRANTING OR CERTIFICATE
PROGRAM.
(C) "STUDENT LOANS" SHALL MEAN LOANS THAT WERE SECURED TO PAY FOR THE
COST OF ATTENDANCE AT AN ELIGIBLE COLLEGE, INCLUDING TUITION AND FEES,
BOOKS, ROOM AND BOARD, AND OTHER EDUCATIONALLY RELATED EXPENSES.
§ 2. This act shall take effect immediately.
PART AA
Section 1. The chancellor of the state university of New York and the
chancellor of the city university of New York shall examine the process
by which students, who are receiving support through opportunity
programs or other programs that provide additional academic support, are
able to maintain such support when such students transfer to a different
campus or transfer from a community college to a senior or state oper-
ated college.
§ 2. This act shall take effect immediately.
PART BB
Section 1. Paragraph b of subdivision 2 of section 667-c of the educa-
tion law as added by section 1 of part N of chapter 58 of the laws of
2006 is amended to read as follows:
A. 3006--B 226
b. has earned at least twelve credits in each of two consecutive
semesters at one of the institutions named in paragraph a of this subdi-
vision by the time of the awards, PROVIDED, HOWEVER, THAT THIS PARAGRAPH
SHALL NOT APPLY TO PART-TIME STUDENTS ENROLLED AT A COMMUNITY COLLEGE;
§ 2. This act shall take effect July 1, 2017.
PART CC
Section 1. Subdivision c of section 2 of part K of chapter 58 of the
laws of 2010 amending the social services law relating to establishing
the savings plan demonstration, as amended by section 1 of part S of
chapter 54 of the laws of 2016, is amended to read as follows:
c. this act shall expire and be deemed repealed March 31, [2017] 2019.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Any construction project which is wholly or partially fund-
ed by (a) a competitive award of a regional economic development coun-
cil; (b) resources made available from various state agencies through
the Consolidated Funding Application; (c) resources allocated to the
SUNY2020 and CUNY2020 challenge grant program; (d) financial assistance,
including but not limited to tax exemptions, in excess of $150,000 per
project made available by industrial development agencies formed pursu-
ant to article 18-A of the general municipal law or industrial develop-
ment authorities formed pursuant to article 8 of the public authorities
law; or (e) resources allocated to Phase II of the Buffalo Regional
Innovation Cluster (aka Buffalo Billion) shall be deemed public work and
shall be subject to and performed in accordance with the provisions of
article 8 of the labor law. For the purposes of this section,
"construction" includes, but is not limited to, custom fabrication,
demolition, reconstruction, excavation, rehabilitation, repair, instal-
lation, renovation, alteration, and associated site work with all of the
foregoing.
§ 2. This act shall take effect immediately.
PART EE
Section 1. The education law is amended by adding a new article 120 to
read as follows:
ARTICLE 120
NEW YORK STATE FIREARM VIOLENCE RESEARCH
SECTION 6010. NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE.
§ 6010. NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE. 1. INSTI-
TUTE FORMATION AND GOALS. THE NEW YORK STATE FIREARM VIOLENCE RESEARCH
INSTITUTE, HEREINAFTER THE "INSTITUTE", IS HEREBY CREATED WITHIN THE
STATE UNIVERSITY OF NEW YORK. THE PURPOSES OF THE INSTITUTE SHALL
INCLUDE:
(A) ADVISING THE GOVERNOR, GOVERNMENTAL AGENCIES, THE REGENTS, AND THE
LEGISLATURE ON MATTERS RELATING TO FIREARM VIOLENCE IN NEW YORK STATE;
(B) FOSTERING, PURSUING AND SPONSORING COLLABORATIVE FIREARM VIOLENCE
RESEARCH;
(C) INCREASING UNDERSTANDING BY ESTABLISHING AND REPORTING ON WHAT IS
KNOWN AND WHAT IS NOT KNOWN ABOUT FIREARM VIOLENCE OF THE STATE;
(D) IDENTIFYING PRIORITY NEEDS FOR FIREARM VIOLENCE RESEARCH AND
INVENTORY WORK WITHIN NEW YORK THAT CURRENTLY ARE NOT RECEIVING ADEQUATE
A. 3006--B 227
ATTENTION, AND IDENTIFYING PUBLIC OR PRIVATE ENTITIES THAT ARE BEST
SITUATED TO ADDRESS SUCH NEEDS, THEREBY LEADING TO BETTER COORDINATION
OF FIREARM VIOLENCE RESEARCH EFFORTS IN THE STATE;
(E) PROMOTING AWARENESS OF EXISTING AND NEW SOURCES OF FIREARM
VIOLENCE INFORMATION AND FIREARM VIOLENCE WHILE EDUCATING ELECTED OFFI-
CIALS, GOVERNMENTAL AGENCIES, AND THE GENERAL PUBLIC ON FIREARM VIOLENCE
ISSUES THROUGH SUCH MEANS AS IT MAY DETERMINE;
(F) ORGANIZING AND SPONSORING MEETINGS ON FIREARM VIOLENCE TOPICS;
(G) ENCOURAGING THE ESTABLISHMENT OF NETWORKS OF COLLABORATING EXPERTS
ENGAGED IN RELATED ASPECTS OF FIREARM VIOLENCE RESEARCH;
(H) RAISING SENSITIVITY TO FIREARM VIOLENCE CONCERNS AMONG STATE AND
LOCAL GOVERNMENT AGENCIES, AND SERVING AS A FORUM FOR ENHANCED INTERA-
GENCY INFORMATION SHARING AND COOPERATION;
(I) WORKING ON A CONTINUING BASIS WITH POLICYMAKERS IN THE LEGISLATURE
AND STATE AGENCIES TO IDENTIFY, IMPLEMENT, AND EVALUATE INNOVATIVE
FIREARM VIOLENCE PREVENTION POLICIES AND PROGRAMS;
(J) RECRUITING AND PROVIDING SPECIALIZED TRAINING OPPORTUNITIES FOR
NEW RESEARCHERS, INCLUDING POSTDOCTORAL SCHOLARS, DOCTORAL STUDENTS, AND
UNDERGRADUATES; AND
(K) PROVIDING COPIES OF THEIR RESEARCH PUBLICATIONS TO THE LEGISLATURE
AND TO AGENCIES SUPPLYING DATA USED IN THE CONDUCT OF SUCH RESEARCH AS
SOON AS IS PRACTICABLE FOLLOWING PUBLICATION.
2. RESEARCH. THE INSTITUTE SHALL FOSTER, PURSUE, AND SPONSOR BASIC,
TRANSLATIONAL, AND TRANSFORMATIVE RESEARCH, FIELD STUDIES, AND ALL OTHER
SUCH ACTIVITIES TO RESEARCH:
(A) THE NATURE OF FIREARM VIOLENCE, INCLUDING INDIVIDUAL AND SOCIETAL
DETERMINANTS OF RISK FOR INVOLVEMENT IN FIREARM VIOLENCE, WHETHER AS A
VICTIM OR A PERPETRATOR;
(B) THE INDIVIDUAL, COMMUNITY, AND SOCIETAL CONSEQUENCES OF FIREARM
VIOLENCE;
(C) THE PREVENTION AND TREATMENT OF FIREARM VIOLENCE AT THE INDIVID-
UAL, COMMUNITY, AND SOCIETAL LEVELS; AND
(D) THE EFFECTIVENESS OF EXISTING LAWS AND POLICIES INTENDED TO REDUCE
FIREARM VIOLENCE AND EFFORTS TO PROMOTE THE RESPONSIBLE OWNERSHIP AND
USE OF FIREARMS.
3. EDUCATION AND INFORMATION TRANSFER PROGRAMS. THE INSTITUTE SHALL
FOSTER THE COLLECTION, TRANSFER, AND APPLICATION OF FIREARM VIOLENCE
INFORMATION IN THE STATE BY:
(A) FOSTERING ACCESS, COMPATIBILITY, INTERCHANGE, AND SYNTHESIS OF
DATA ABOUT FIREARM VIOLENCE MAINTAINED BY PUBLIC ENTITIES, ACADEMIC AND
RESEARCH INSTITUTIONS, AND PRIVATE ORGANIZATIONS;
(B) EMPLOYING ADVANCED TECHNOLOGY TO COORDINATE FOR EASE OF USE OF THE
SCATTERED FIREARM VIOLENCE RESOURCES OF THE STATE; AND
(C) SUPPORTING THE PREPARATION AND PUBLICATION OF INTERPRETATIVE WORKS
THAT DRAW UPON FIREARM VIOLENCE RESOURCES.
4. QUINQUENNIAL REPORTS. THE INSTITUTE SHALL PREPARE AND SUBMIT A
REPORT ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN AND EVERY FIVE
YEARS THEREAFTER TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING PROGRAMS
UNDERTAKEN OR SPONSORED BY THE INSTITUTE, THE STATUS OF KNOWLEDGE
REGARDING THE STATE'S FIREARM VIOLENCE, AND RESEARCH NEEDS RELATED THER-
ETO.
5. EXECUTIVE COMMITTEE. THE INSTITUTE SHALL BE GUIDED BY AN EXECUTIVE
COMMITTEE. MEMBERS OF THE COMMITTEE SHALL BE FROM VARYING BACKGROUNDS
WITH MEMBERS SELECTED FROM THE SCIENTIFIC COMMUNITY, ACADEMIC COMMUNITY,
AS WELL AS FROM GOVERNMENT SERVICE. SUCH COMMITTEE SHALL CONSIST OF
SEVENTEEN MEMBERS INCLUDING THE COMMISSIONER, THE COMMISSIONER OF CRIMI-
A. 3006--B 228
NAL JUSTICE SERVICES, THE COMMISSIONER OF HEALTH, THE CHANCELLOR OF THE
UNIVERSITY OR THEIR DESIGNEES, SEVEN AT LARGE MEMBERS APPOINTED BY THE
GOVERNOR, ONE OF WHOM SHALL BE CHAIRPERSON, TWO MEMBERS APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE MINORITY
LEADER OF THE SENATE, TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
APPOINTED MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS, PROVIDED THAT
SUCH MEMBERS MAY BE REAPPOINTED. THE EXECUTIVE COMMITTEE SHALL:
(A) ADOPT POLICIES, PROCEDURES, AND CRITERIA GOVERNING THE PROGRAMS
AND OPERATIONS OF THE INSTITUTE;
(B) RECOMMEND TO THE GOVERNOR AND LEGISLATURE APPROPRIATE ACTIONS TO
DEAL WITH FIREARM VIOLENCE WITHIN THE STATE;
(C) DEVELOP AND IMPLEMENT THE RESEARCH, EDUCATION AND INFORMATION
TRANSFER PROGRAMS OF THE INSTITUTE;
(D) IDENTIFY PROPOSALS FOR FIREARM VIOLENCE RESEARCH; AND
(E) MEET PUBLICLY AT LEAST TWICE A YEAR. THE COMMITTEE SHALL WIDELY
DISSEMINATE NOTICE OF ITS MEETINGS AT LEAST TWO WEEKS PRIOR TO EACH
MEETING. THE COMMISSIONERS ON THE EXECUTIVE COMMITTEE AND THE CHANCELLOR
OF THE UNIVERSITY SHALL AID IN SUCH DISSEMINATION.
6. SCIENTIFIC WORKING GROUP. THE EXECUTIVE COMMITTEE SHALL APPOINT A
SCIENTIFIC WORKING GROUP COMPOSED OF NOT MORE THAN FIFTEEN INDIVIDUALS
REPRESENTING GOVERNMENTAL AGENCIES, ACADEMIC OR RESEARCH INSTITUTIONS,
EDUCATIONAL ORGANIZATIONS, THE FIREARM INDUSTRY AND RELATED NON-PROFIT
ORGANIZATIONS. MEMBERS OF THE SCIENTIFIC WORKING GROUP SHALL HAVE KNOW-
LEDGE AND EXPERTISE IN FIREARM VIOLENCE RESEARCH AND SHALL SERVE FOR A
TERM OF THREE YEARS, PROVIDED, HOWEVER THAT MEMBERS MAY BE REAPPOINTED
FOR MORE THAN ONE TERM AT THE DISCRETION OF THE EXECUTIVE COMMITTEE. THE
SCIENTIFIC WORKING GROUP SHALL MAKE RECOMMENDATIONS TO THE EXECUTIVE
COMMITTEE WITH RESPECT TO:
(A) THE IDENTIFICATION OF PRIORITY FIREARM VIOLENCE RESEARCH NEEDS IN
THE STATE;
(B) THE DEVELOPMENT AND IMPLEMENTATION OF THE INSTITUTE'S RESEARCH,
EDUCATION, AND INFORMATION TRANSFER PROGRAMS; AND
(C) IDENTIFICATION OF PROPOSALS FOR FIREARM VIOLENCE RESEARCH.
7. INSTITUTE DIRECTOR. THE INSTITUTE SHALL HAVE A DIRECTOR WHO SHALL
BE APPOINTED BY THE EXECUTIVE COMMITTEE AND SHALL AFTER APPOINTMENT BE
AN EMPLOYEE OF THE STATE UNIVERSITY. THE INSTITUTE DIRECTOR SHALL SERVE
AT THE PLEASURE OF THE EXECUTIVE COMMITTEE. THE INSTITUTE DIRECTOR SHALL
SERVE AS CHIEF ADMINISTRATIVE OFFICER OF THE INSTITUTE AND PROVIDE THE
NECESSARY SUPPORT FOR THE EXECUTIVE COMMITTEE.
8. COMPENSATION. THE MEMBERS OF THE EXECUTIVE COMMITTEE AND THE SCIEN-
TIFIC WORKING GROUP SHALL SERVE WITHOUT ADDITIONAL COMPENSATION,
PROVIDED HOWEVER, MEMBERS OF THE EXECUTIVE COMMITTEE REPRESENTING STATE
AGENCIES MAY RECEIVE REIMBURSEMENT FOR THEIR ACTUAL AND NECESSARY
EXPENSES FROM THEIR RESPECTIVE AGENCIES. MEMBERS OF THE EXECUTIVE
COMMITTEE AND SCIENTIFIC WORKING GROUP SHALL BE CONSIDERED STATE EMPLOY-
EES FOR THE PURPOSES OF SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC
OFFICERS LAW.
9. MEMORANDUM OF UNDERSTANDING. THE DEPARTMENT, THE DEPARTMENT OF
HEALTH, THE DEPARTMENT OF MOTOR VEHICLES, AND THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL ENTER INTO A WRITTEN MEMORANDUM OF UNDERSTANDING
TO FACILITATE THE APPROPRIATE IMPLEMENTATION OF THE FIREARM VIOLENCE
RESEARCH INSTITUTE AND THE GOALS, RESPONSIBILITIES, AND PROGRAMS ESTAB-
LISHED BY THIS SECTION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
A. 3006--B 229
PART FF
Section 1. The social services law is amended by adding a new section
131-bb to read as follows:
§ 131-BB. HOME STABILITY SUPPORT PROGRAM. 1. (A) NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EACH LOCAL SOCIAL SERVICES
DISTRICT SHALL PROVIDE A SHELTER SUPPLEMENT TO ELIGIBLE INDIVIDUALS AND
FAMILIES WITH CHILDREN TO PREVENT EVICTION AND ADDRESS HOMELESSNESS IN
ACCORDANCE WITH THIS SECTION.
(B) FOR THE PURPOSES OF THIS SECTION:
(I) "HOMELESS" SHALL MEAN THE LACK OF A FIXED, REGULAR, AND ADEQUATE
NIGHTTIME RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A
PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR
SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABAN-
DONED BUILDING, BUS OR TRAIN STATION, AIRPORT OR CAMPGROUND OR OTHER
PLACES NOT MEANT FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY
OR PRIVATELY OPERATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING
ARRANGEMENTS (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR
LOCAL GOVERNMENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE
ORGANIZATIONS, CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN
INSTITUTION WHERE THEY RESIDED AND WILL LACK A REGULAR FIXED AND
ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; OR ARE AN UNAC-
COMPANIED YOUTH AND HOMELESS FAMILIES WITH CHILDREN AND YOUTH DEFINED AS
HOMELESS UNDER EITHER THIS PARAGRAPH OR FEDERAL STATUTE WHO HAVE EXPERI-
ENCED A LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUS-
ING; HAVE EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT
MOVES; AND CAN BE EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH
OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A
DISABILITY, OR MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR
LIFE-THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO
VIOLENCE AGAINST AN INDIVIDUAL OR A FAMILY MEMBER; AND
(II) "IMMINENT LOSS OF HOUSING" SHALL MEAN HAVING RECEIVED A VERIFIED
RENT DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER
RESULTING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY
THAT THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO
HAZARDOUS CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBESTOS, LEAD EXPO-
SURE, MOLD, AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A
ROOM IN A HOTEL OR MOTEL AND LACK THE RESOURCES NECESSARY TO STAY;
FACING LOSS OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING
IN THE HOME OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUS-
ING WILL NOT ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER,
THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS
OF HOUSING OR HOMELESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY;
OR, FLEEING, OR ATTEMPTING TO FLEE, DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-
THREATENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR
A FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL
OR FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFI-
CIENT TO ESTABLISH ELIGIBILITY.
2. (A) EACH LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE A SHELTER
SUPPLEMENT TO ELIGIBLE INDIVIDUALS AND FAMILIES WITH CHILDREN AS DEFINED
IN SUBDIVISION THREE OF THIS SECTION IN AN AMOUNT EQUAL TO EIGHTY-FIVE
PERCENT OF THE FAIR MARKET RENT IN THE DISTRICT, AS ESTABLISHED BY THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE PARTICULAR
A. 3006--B 230
HOUSEHOLD COMPOSITION. THE SHELTER SUPPLEMENT SHALL BE ISSUED BY THE
LOCAL SOCIAL SERVICES DISTRICT DIRECTLY TO THE LANDLORD OR VENDOR.
(B) A LOCAL SOCIAL SERVICES DISTRICT MAY ALSO PROVIDE AN ADDITIONAL
SUPPLEMENT IN AN AMOUNT UP TO ONE HUNDRED PERCENT OF THE FAIR MARKET
RENT IN THE DISTRICT, AS ESTABLISHED BY THE FEDERAL DEPARTMENT OF HOUS-
ING AND URBAN DEVELOPMENT. PROVIDED, HOWEVER, THE COST OF THE ADDITIONAL
SUPPLEMENT SHALL BE PAID BY THE LOCAL SOCIAL SERVICES DISTRICT.
(C) IN ADDITION TO THE SHELTER SUPPLEMENT REFERENCED IN THIS SUBDIVI-
SION, WHEN AN ELIGIBLE RECIPIENT, AS DEFINED IN SUBDIVISION THREE OF
THIS SECTION, INCURS SEPARATE FUEL FOR HEATING EXPENSES, THE LOCAL
SOCIAL SERVICES DISTRICT SHALL ALSO PROVIDE A HEATING ALLOWANCE. THE
ALLOWANCE SHALL BE EQUIVALENT TO THE FULL AMOUNT OF FUEL FOR HEATING
EXPENSES, AND SHALL BE MADE DIRECTLY TO THE VENDOR ON BEHALF OF THE
RECIPIENT. ANY EXPENSES INCURRED BY THE LOCAL SOCIAL SERVICES DISTRICT
THAT ARE (I) IN EXCESS OF A RECIPIENT'S FUEL FOR HEATING ALLOWANCE
AUTHORIZED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE
HUNDRED THIRTY-ONE-A OF THIS TITLE; (II) MADE PURSUANT TO SECTION NINE-
TY-SEVEN OF THIS CHAPTER; OR (III) TO COVER ANY ARREARS PAYMENTS MADE TO
RESTORE HEATING SERVICES OR TO PREVENT A SHUT-OFF, SHALL NOT BE RECOUPA-
BLE.
(D) INDIVIDUALS NOT IN RECEIPT OF PUBLIC ASSISTANCE, RESIDING IN A
HOUSEHOLD THAT IS BENEFITING FROM A SHELTER SUPPLEMENT UNDER THIS
SECTION SHALL BE REQUIRED TO CONTRIBUTE THIRTY PERCENT OF THEIR GROSS
INCOME, OR THEIR PRO RATA SHARE OF THE RENT, WHICHEVER IS LESS. MINOR
CHILDREN WITHOUT INCOME SHALL NOT BE COUNTED IN THE PRO RATA SHARE
EQUATION. IN ADDITION, THE INCOME OF MINOR CHILDREN SHALL NOT BE CONSID-
ERED PART OF THE GROSS INCOME.
(E) ANY SUPPLEMENT OR ALLOWANCE PROVIDED UNDER THIS SECTION SHALL NOT
BE CONSIDERED TO BE PART OF THE STANDARD OF NEED AS DEFINED IN PARAGRAPH
(B) OF SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
TITLE.
(F) IN THE EVENT THAT THE LOCAL SOCIAL SERVICES DISTRICT DETERMINES
THAT PAYMENT OF RENTAL ARREARS WOULD PREVENT HOMELESSNESS AND SUBSE-
QUENTLY PAYS SUCH ARREARS, SUCH PAYMENTS SHALL NOT BE RECOUPABLE.
3. (A) FOR THE PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND SEVENTEEN
UNTIL SEPTEMBER THIRTIETH, TWO THOUSAND EIGHTEEN, INDIVIDUALS, OR FAMI-
LIES WITH CHILDREN, WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE, ARE EITHER
HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING, AND ARE NOT CURRENTLY
RECEIVING ANOTHER SHELTER SUPPLEMENT SHALL BE ELIGIBLE FOR THE SHELTER
SUPPLEMENT PROVIDED UNDER THIS SECTION.
(B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND EIGHTEEN, (I) INDIVID-
UALS, OR FAMILIES WITH CHILDREN, WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE
AND ARE EITHER HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING, AND ARE NOT
CURRENTLY RECEIVING ANOTHER SHELTER SUPPLEMENT; OR (II) ARE CURRENTLY IN
RECEIPT OF A SHELTER SUPPLEMENT, OTHER THAN A SUPPLEMENT REQUIRED BY
THIS SECTION BEING TRANSFERRED TO THE HOME STABILITY SUPPORT PROGRAM
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL BE ELIGIBLE FOR THE
SHELTER SUPPLEMENT PROVIDED UNDER THIS SECTION.
4. (A) LOCAL SOCIAL SERVICES DISTRICTS SHALL PROVIDE THE SHELTER
SUPPLEMENT REQUIRED UNDER THIS SECTION FOR UP TO FIVE YEARS, PROVIDED
SUCH INDIVIDUALS OR FAMILIES ARE OTHERWISE ELIGIBLE FOR PUBLIC ASSIST-
ANCE. A SHELTER SUPPLEMENT MAY BE PROVIDED FOR AN ADDITIONAL LENGTH OF
TIME FOR GOOD CAUSE.
(B) IF AN INDIVIDUAL OR FAMILY WITH CHILDREN RECEIVING THE SHELTER
SUPPLEMENT IS NO LONGER ELIGIBLE FOR PUBLIC ASSISTANCE, THE LOCAL SOCIAL
SERVICES DISTRICT SHALL CONTINUE TO PROVIDE THE SHELTER SUPPLEMENT, AND
A. 3006--B 231
IF APPROPRIATE HEATING ALLOWANCE, FOR ONE YEAR FROM THE DATE OF SUCH
DETERMINATION, SO LONG AS THEIR INCOME DOES NOT EXCEED TWO HUNDRED
PERCENT OF THE FEDERAL POVERTY LEVEL.
5. THE SHELTER SUPPLEMENT AND HEATING ALLOWANCE SHALL NOT BE AFFECTED
BY A RECIPIENT'S SANCTION STATUS.
6. (A) THE COMMISSIONER SHALL CONTRACT WITH A NOT-FOR-PROFIT AGENCY,
THAT HAS EXPERIENCE PROVIDING CASEWORK SERVICES TO THE HOMELESS AND
AT-RISK OF HOMELESSNESS POPULATIONS, FOR THE PURPOSE OF PROVIDING HOME
STABILITY SUPPORT CASE MANAGEMENT SERVICES. SUCH SERVICES SHALL ASSIST
RECIPIENTS, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, IN AVOIDING
HOMELESSNESS AND ACHIEVING LONG-TERM HOUSING STABILITY. SUCH SERVICES
SHALL INCLUDE, BUT NOT LIMITED TO:
(I) SERVICES TO RESOLVE CONFLICTS BETWEEN LANDLORDS AND TENANTS AND TO
FACILITATE FAIR AND WORKABLE SOLUTIONS;
(II) REFERRALS TO LEGAL SERVICES TO HOUSEHOLDS THREATENED WITH THE
LOSS OF THEIR HOMES THROUGH EVICTION, HARASSMENT OR OTHER MEANS;
(III) BENEFIT/ENTITLEMENT ADVOCACY TO ENSURE THAT HOUSEHOLDS ARE
RECEIVING ALL FEDERAL, STATE AND LOCAL BENEFITS TO WHICH THEY ARE ENTI-
TLED, SUCH AS TEMPORARY ASSISTANCE TO NEEDY FAMILIES, SAFETY NET ASSIST-
ANCE, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, SUPPLEMENTAL SECURITY
INCOME, RENT SECURITY DEPOSITS, FURNITURE AND HOUSEHOLD MOVING EXPENSES,
MEDICAL ASSISTANCE; AND
(IV) RELOCATION ASSISTANCE WHICH PROVIDES FOR THE IDENTIFICATION OF
AND REFERRAL TO PERMANENT AND HABITABLE HOUSING, TRANSPORTATION
SERVICES, LANDLORD/TENANT LEASE NEGOTIATION SERVICES AND ASSISTANCE IN
ESTABLISHING UTILITY SERVICES.
(B) THE COMMISSIONER SHALL ISSUE A REQUEST-FOR-PROPOSAL FOR HOME
STABILITY SUPPORT CASEWORK SERVICES. THE REQUEST-FOR-PROPOSAL SHALL
INCLUDE:
(I) A DESCRIPTION OF THE HOME STABILITY SUPPORT SERVICES TO BE
PROVIDED, INCLUDING PROCEDURES FOR INTAKE, REFERRAL, OUTREACH, THE
PROVISION OF SERVICES, FOLLOW-UP AND ANTICIPATED OUTCOMES;
(II) A DESCRIPTION OF THE MANNER IN WHICH COORDINATION WITH OTHER
FEDERAL, STATE, LOCAL AND PRIVATELY FUNDED SERVICES WILL BE ACHIEVED;
AND
(III) A DESCRIPTION OF HOW THE SERVICES WILL BE DESIGNED TO ASSIST
HOUSEHOLDS TO ACHIEVE HOUSING STABILITY.
(C) PRIOR TO ENTERING INTO A CONTRACT PURSUANT TO THIS SUBDIVISION,
THE COMMISSIONER SHALL DETERMINE THAT THE ELIGIBLE APPLICANT IS A BONA
FIDE ORGANIZATION WHICH SHALL HAVE DEMONSTRATED BY ITS PAST AND CURRENT
ACTIVITIES THAT IT HAS THE ABILITY TO PROVIDE SUCH SERVICES, THAT THE
ORGANIZATION IS FINANCIALLY RESPONSIBLE AND THAT THE PROPOSAL IS APPRO-
PRIATE FOR THE NEEDS OF HOUSEHOLDS TO BE SERVED.
7. THE HOME STABILITY SUPPORT PROGRAM SHALL PROVIDE FOR UP TO A TOTAL
OF FOURTEEN THOUSAND NEW SHELTER SUPPLEMENTS A YEAR STATEWIDE, AND FUNDS
SHALL BE DISTRIBUTED TO EACH LOCAL SOCIAL SERVICES DISTRICT BASED ON
THEIR PRO RATA SHARE OF HOUSEHOLDS BELOW THE FEDERAL POVERTY LEVEL IN
THE STATE, USING THE MOST RECENT UNITED STATES CENSUS DATA AS OF APRIL
FIRST, TWO THOUSAND SEVENTEEN, AND ANNUALLY THEREAFTER.
8. IF LOCAL SOCIAL SERVICES DISTRICTS OFFER A SHELTER SUPPLEMENT NOT
REQUIRED BY THIS SECTION, SUCH DISTRICTS MAY UTILIZE SUPPLEMENTS AVAIL-
ABLE UNDER THIS SECTION ON OR AFTER OCTOBER FIRST, TWO THOUSAND EIGH-
TEEN, TO TRANSFER ELIGIBLE RECIPIENTS AS DEFINED IN SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION INTO THE HOME STABIL-
ITY SUPPORT PROGRAM. PROVIDED, HOWEVER, A DISTRICT SHALL NOT ALLOCATE
ONE HUNDRED PERCENT OF THEIR SHELTER SUPPLEMENTS PROVIDED UNDER THIS
A. 3006--B 232
SECTION TO EXISTING SUPPLEMENT RECIPIENTS, UNLESS THERE IS NO CURRENT OR
UNMET NEED FOR SUPPLEMENTS AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH
(B) OF SUBDIVISION THREE OF THIS SECTION IN SUCH DISTRICT.
9. THE COMMISSIONER SHALL ISSUE A REPORT ON THE HOME STABILITY SUPPORT
PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, THE CHAIRS OF THE SENATE AND ASSEMBLY SOCIAL
SERVICES COMMITTEES, AND THE CHAIRS OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE AND THE SENATE FINANCE COMMITTEE ON OR BEFORE OCTOBER FIRST OF
EACH YEAR, STARTING OCTOBER FIRST, TWO THOUSAND NINETEEN, REGARDING THE
EFFECTIVENESS OF THE PROGRAM, BASED ON THE INFORMATION PROVIDED FROM THE
LOCAL SOCIAL SERVICES DISTRICTS. EACH LOCAL DISTRICT, UPON THE REQUEST
OF THE OFFICE, SHALL PROVIDE THE OFFICE THE NECESSARY DATA FOR THE
COMPLETION OF THE REPORT. EACH REPORT SHALL INCLUDE THE FOLLOWING INFOR-
MATION FOR EACH DISTRICT:
(A) THE NUMBER OF INDIVIDUALS PARTICIPATING IN THE PROGRAM;
(B) FACTORS CONTRIBUTING TO HOUSEHOLDS EXPERIENCING HOUSING ISSUES,
INCLUDING, BUT NOT LIMITED TO, HEALTH AND SAFETY AND BUDGETING
CONSTRAINTS;
(C) TOTAL FUNDING UTILIZED;
(D) ESTIMATED AVOIDED COSTS IN TEMPORARY SHELTER; AND
(E) ANY OTHER INFORMATION OR AVAILABLE DATA THAT THE COMMISSIONER
DEEMS RELEVANT AND NECESSARY FOR COMPREHENSIVE EVALUATION OF THE CURRENT
NEED OF ENTITLEMENTS FOR PUBLIC ASSISTANCE RECIPIENTS.
§ 2. Section 153 of the social services law is amended by adding a new
subdivision 13 to read as follows:
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ONE
HUNDRED PERCENT OF COSTS FOR SHELTER SUPPLEMENTS AND HOME STABILITY
SUPPORT SERVICES REQUIRED BY SECTION ONE HUNDRED THIRTY-ONE-BB OF THIS
ARTICLE SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE, AS FOLLOWS:
(A) BY FEDERAL FUNDS THAT CAN BE PROPERLY APPLIED TO SUCH EXPENDI-
TURES; AND
(B) THE REMAINDER TO BE PAID BY STATE FUNDS.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.
PART GG
Section 1. Paragraph (e) of subdivision 2 of section 209 of the social
services law is amended by adding two new subparagraphs (iii) and (iv)
to read as follows:
(III) (A) FROM JANUARY FIRST, TWO THOUSAND SEVENTEEN TO DECEMBER THIR-
TY-FIRST, TWO THOUSAND SEVENTEEN, FOR AN ELIGIBLE INDIVIDUAL RECEIVING
ENHANCED RESIDENTIAL CARE, $1429.00; AND (B) FOR AN ELIGIBLE COUPLE
RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN
CLAUSE (A) OF THIS SUBPARAGRAPH.
(IV) (A) FROM JANUARY FIRST, TWO THOUSAND EIGHTEEN AND THEREAFTER, FOR
AN ELIGIBLE INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE, $1549.00;
AND (B) FOR AN ELIGIBLE COUPLE RECEIVING ENHANCED RESIDENTIAL CARE, TWO
TIMES THE AMOUNT SET FORTH IN CLAUSE (A) OF THIS SUBPARAGRAPH.
§ 2. This act shall take effect on the same date and in the same
manner as section 2 of part P of a chapter of the laws of 2017 enacting
into law major components of legislation necessary to implement the
state education, labor, housing and family assistance budget for the
2017-2018 state fiscal year, takes effect.
PART HH
A. 3006--B 233
Section 1. Paragraph c of subdivision 2 of section 2023-a of the
education law, as amended by section 1 of subpart C of part C of chapter
20 of the laws of 2015, is amended to read as follows:
c. "Capital local expenditures" means the taxes associated with budg-
eted expenditures resulting from the financing, refinancing, acquisi-
tion, design, construction, reconstruction, rehabilitation, improvement,
furnishing and equipping of, or otherwise providing for school district
capital facilities or school district capital equipment, including debt
service and lease expenditures, and transportation capital debt service,
subject to the approval of the qualified voters where required by law.
The commissioner of taxation and finance shall, [as appropriate,] WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND SEVENTEEN THAT AMENDED THIS PARAGRAPH, promulgate rules and
regulations which [may] SHALL provide for adjustment of capital local
expenditures to reflect a school district's share of additional budgeted
capital expenditures made by a board of cooperative educational
services.
§ 2. Paragraph b of subdivision 2-a of section 2023-a of the education
law, as amended by section 3 of subpart C of part C of chapter 20 of the
laws of 2015, is amended to read as follows:
b. The commissioner of taxation and finance shall calculate a quantity
change factor for the coming school year for each school district based
upon the physical or quantity change, as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-
er of taxation and finance by the assessor or assessors pursuant to
section five hundred seventy-five of the real property tax law. The
quantity change factor shall show the percentage by which the full value
of the taxable real property in the school district has changed due to
physical or quantity change between the second final assessment roll or
rolls preceding the final assessment roll or rolls upon which taxes are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or rolls upon which taxes are to be
levied. The commissioner of taxation and finance shall, [as appropri-
ate,] WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS PARAGRAPH, promulgate
rules and regulations regarding the calculation of the quantity change
factor which [may] SHALL adjust the calculation based on the development
on tax exempt land.
§ 3. Paragraph b of subdivision 3 of section 2023-a of the education
law, as added by section 2 of part A of chapter 97 of the laws of 2011,
is amended to read as follows:
b. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, SUCH TAX LEVY
LIMIT SHALL NOT BE LESS THAN THE TAX LEVY LIMIT THAT WAS APPLICABLE TO
SUCH SCHOOL DISTRICT FOR THE PRIOR SCHOOL YEAR. WHERE THE COMPUTATION OF
THE TAX LEVY LIMIT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION WOULD
PRODUCE SUCH RESULT, THE TAX LEVY LIMIT FOR THE COMING SCHOOL YEAR SHALL
BE EQUAL TO THE TAX LEVY LIMIT THAT WAS APPLICABLE TO SUCH SCHOOL
DISTRICT FOR THE PRIOR SCHOOL YEAR.
C. On or before March first of each year, any school district subject
to the provisions of this section shall submit to the state comptroller,
the commissioner, and the commissioner of taxation and finance, in a
form and manner prescribed by the state comptroller, any information
necessary for the calculation of the tax levy limit; and the school
district's determination of the tax levy limit pursuant to this section
shall be subject to review by the commissioner and the commissioner of
taxation and finance.
A. 3006--B 234
§ 4. Subparagraph (i) of paragraph (b) of subdivision 3 of section 3-c
of the general municipal law, as amended by section 2 of subpart C of
part C of chapter 20 of the laws of 2015, is amended to read as follows:
(i) The commissioner of taxation and finance shall calculate a quanti-
ty change factor for each local government for the coming fiscal year
based upon the physical or quantity change, as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-
er of taxation and finance by the assessor or assessors pursuant to
section five hundred seventy-five of the real property tax law. The
quantity change factor shall show the percentage by which the full value
of the taxable real property in the local government has changed due to
physical or quantity change between the second final assessment roll or
rolls preceding the final assessment roll or rolls upon which taxes are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or rolls upon which taxes are to be
levied. The commissioner of taxation and finance shall, [as appropri-
ate,] WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS PARAGRAPH, promulgate
rules and regulations regarding the calculation of the quantity change
factor which [may] SHALL adjust the calculation based on the development
on tax exempt land.
§ 5. Subdivision 3 of section 3-c of the general municipal law is
amended by adding a new paragraph (e) to read as follows:
(E) NOTWITHSTANDING PARAGRAPH (C) OF THIS SUBDIVISION, SUCH TAX LEVY
LIMIT SHALL NOT BE LESS THAN THE TAX LEVY LIMIT THAT WAS APPLICABLE TO
SUCH LOCAL GOVERNMENT FOR THE PRIOR FISCAL YEAR. WHERE THE COMPUTATION
OF THE TAX LEVY LIMIT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION
WOULD PRODUCE SUCH RESULT, THE TAX LEVY LIMIT FOR THE COMING FISCAL YEAR
SHALL BE EQUAL TO THE TAX LEVY LIMIT THAT WAS APPLICABLE TO SUCH LOCAL
GOVERNMENT FOR THE PRIOR FISCAL YEAR.
§ 6. This act shall take effect immediately; provided, however, that:
a. the amendments to section 2023-a of the education law made by
sections one, two and three of this act shall not affect the repeal of
such section and shall be deemed repealed therewith;
b. the amendments to section 3-c of the general municipal law made by
sections four and five of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
c. section three of this act shall first apply to school district
budgets and the budget adoption process for the 2017-2018 school year;
and
d. section five of this act shall apply to the levy of taxes by local
governments for fiscal years commencing on and after April 1, 2017.
PART II
Section 1. The education law is amended by adding a new article 129-C
to read as follows:
ARTICLE 129-C
ELECTRONIC AND ONLINE STUDENT RESOURCES
SECTION 6450. ELECTRONIC AND ONLINE STUDENT RESOURCES.
§ 6450. ELECTRONIC AND ONLINE STUDENT RESOURCES. THE STATE UNIVERSITY
OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK, SHALL UNDERTAKE ACTIONS
TO MAKE AVAILABLE AND ENCOURAGE THE USE OF ELECTRONIC AND ONLINE STUDENT
RESOURCES. SUCH UNIVERSITIES SHALL, TO THE GREATEST EXTENT PRACTICABLE,
OFFER CURRENT RESEARCH RESOURCES THROUGH OPEN SOURCE MATERIALS AND
PROVIDE ACCESS TO APPROPRIATE SOURCE MATERIAL. SUCH ACTIONS SHALL BE
A. 3006--B 235
DESIGNED TO PROVIDE STUDENTS WITH ACCESS TO HIGH QUALITY MATERIAL AND
RESEARCH AT A COST THAT IS LESSER THAN TRADITIONAL, NON-ELECTRONIC
RESOURCES AND MATERIAL. NO LATER THAN JULY FIRST, TWO THOUSAND EIGHTEEN,
AND EACH YEAR THEREAFTER, SUCH UNIVERSITIES SHALL PREPARE A REPORT
DETAILING THE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION AND MAKE SUCH
REPORT AVAILABLE TO THE PUBLIC VIA THE UNIVERSITIES' ONLINE WEBSITES.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.