S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2006                                                  A. 3006
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence and the apportionment of public moneys; to amend  the  education
   law, in relation to requiring the commissioner of education to include
   certain  information  in the official score report of all students; to
   amend the education law, in relation to textbooks; to amend the educa-
   tion law, in relation to a weapon or firearm  on  school  grounds;  to
   amend  the  education  law,  in  relation  to English language learner
   pupils; in relation to direct certification data; to amend the  educa-
   tion law, in relation to the census count; to amend the education law,
   in  relation  to  the computation of the state sharing ratio; to amend
   the education law, in relation to the operating amount per  pupil;  to
   amend the education law, in relation to the operating amount per pupil
   for  certain  kindergarten  programs;  to  amend the education law, in
   relation to total foundation aid;  to  amend  the  education  law,  in
   relation  to  community  school  aid;  to  amend the education law, in
   relation to building aid; to amend the education law, in  relation  to
   academic  enhancement  aid; to amend the education law, in relation to
   high tax aid; to amend the education law,  in  relation  to  universal
   pre-kindergarten  aid;  to amend the education law, in relation to the
   statewide universal full-day pre-kindergarten program;  to  amend  the
   education  law,  in  relation  to  state aid adjustments; to amend the
   education law,  in  relation  to  the  teachers  of  tomorrow  teacher
   recruitment  and  retention  program;  to  amend the education law, in
   relation  to  class  sizes  for  special  classes  containing  certain
   students  with disabilities; to amend 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 suspen-
   sion of pupils who bring a firearm  to  or  possess  a  firearm  at  a
   school,  in relation to the effectiveness thereof; to amend the educa-
   tion law, in relation to the special  needs  of  gifted  students;  to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-01-7

 S. 2006                             2                            A. 3006
 
   amend  the  general municipal law, in relation to the purchase of food
   by school districts; to amend chapter 472 of the laws of 1998,  amend-
   ing  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  effective-
   ness  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 commu-
   nity boards, in relation to the effectiveness thereof; to amend  chap-
   ter  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  education  law  and other laws relating to the New York
   city board of education, 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 thereof; to amend chapter 89 of the laws of 2016, relat-
   ing 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  effec-
   tiveness  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 effec-
   tiveness  thereof;  relating to school bus driver training; relates to
   special apportionment for salary 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; and relates to the support of public libraries (Part  A);
   to amend the education law, in relation to the establishment of Recov-
   ery  High  Schools by boards of cooperative educational services (Part
   B); to amend the education law, in relation to the education of  home-
   less  children  (Part  C);  to amend the education law, in relation to
   establishing the excelsior scholarship (Part D); to amend  the  educa-
   tion  law,  in  relation  to  eligibility  requirements and conditions
   governing general awards,  academic  performance  awards  and  student
   loans; eligibility requirements for assistance under the higher educa-
   tion  opportunity  programs  and the collegiate science and technology
   entry program; the definition of "resident";  financial  aid  opportu-
   nities  for  students  of  the  state university of New York, the city
   university of  New  York  and  community  colleges;  and  the  program
   requirements  for  the  New  York state college choice tuition savings
   program; and to repeal subdivision 3 of section 661 of such law relat-
   ing thereto (Part E); to amend the education law, in relation  to  the
   tuition  assistance  program  (Part F); to amend the education 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

 S. 2006                             3                            A. 3006
 
   New  York  state  urban development corporation act relating to estab-
   lishing 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 foundation contributions to the city university of
   New  York (Part H); to amend the limited liability company law and the
   labor law, in relation to the ability of the state to  collect  unpaid
   wages  (Part  I);  to amend the criminal procedure law, the penal law,
   the correction law, the executive  law,  the  family  court  act,  the
   social  services  law, the education law and the state finance law, in
   relation to proceedings against juvenile  offenders  and  the  age  of
   juvenile  offenders  and  to repeal certain provisions of the criminal
   procedure law, the family court act and  the  executive  law  relating
   thereto  (Part  J);  to amend chapter 83 of the laws of 2002, amending
   the executive law and other laws relating to funding for children  and
   family  services,  in  relation to extending the effectiveness thereof
   (Subpart A); and to amend the social services law  and  the  education
   law,  in  relation  to  restructuring financing for residential school
   placements (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 resi-
   dential 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); to amend the social services law and the
   tax law, in relation to increasing the amount of lottery winnings that
   the state can recoup related to current and former  public  assistance
   recipients  (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 criminal history information (Part Q); to utilize reserves
   in the mortgage insurance fund for various housing purposes (Part  R);
   to  amend the real property tax law, in relation to the affordable New
   York housing program and to repeal  certain  provisions  of  such  law
   relating thereto (Part S); to amend the criminal procedure law and the
   judiciary law, in relation to removal of a criminal action to a veter-
   ans  treatment  court  (Part  T);  and  to amend the executive law, in
   relation to creating a division  of  central  administrative  hearings
   within the executive department (Part U)
 
   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 U. 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

 S. 2006                             4                            A. 3006
 
 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
 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

 S. 2006                             5                            A. 3006
 
 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, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
 EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL
 YEAR,  UNLESS  ALL  SCHOOLS  IN  THE  DISTRICT ARE IDENTIFIED AS IN GOOD
 STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTAND-
 ING 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 SIXTEEN--TWO THOUSAND
 SEVENTEEN SCHOOL YEAR. For purposes of this paragraph, the  "gap  elimi-
 nation  adjustment  percentage"  shall  be  calculated as the sum of one
 minus the quotient of the sum of the school district's  net  gap  elimi-
 nation  adjustment  for  two  thousand ten--two thousand eleven computed
 pursuant to chapter fifty-three of the laws of two thousand ten,  making
 appropriations for the support of government, plus the school district's
 gap  elimination adjustment for two thousand eleven--two thousand twelve
 as computed pursuant to chapter fifty-three of the laws of two  thousand
 eleven,  making  appropriations  for the support of the local assistance
 budget, including  support  for  general  support  for  public  schools,
 divided  by  the  total  aid for adjustment computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  local assistance budget, including support for general support
 for public  schools.  Provided,  further,  that  such  amount  shall  be
 expended  to  support  and  maintain  allowable  programs and activities
 approved in the two thousand nine--two thousand ten school  year  or  to
 support new or expanded allowable programs and 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 OFFICE
 OF THE CHANCELLOR SHALL INCLUDE A NOTICE IN THE OFFICIAL SCORE REPORT OF
 ALL STUDENTS WHO RECEIVED A SCORE OF  "ADVANCED"  ON  THE  EIGHTH  GRADE
 STATE ASSESSMENT IN EITHER ENGLISH LANGUAGE ARTS OR MATHEMATICS, INFORM-
 ING  THE STUDENT OF OPPORTUNITIES TO APPLY FOR ADMISSION TO THE SPECIAL-
 IZED HIGH SCHOOLS AUTHORIZED  IN  PARAGRAPH  (B)  OF  SUBDIVISION  1  OF
 SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
   §  3. Subdivision 2 of section 701 of the education law, as amended by
 section 1 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
 read as follows:
   2.  A  text-book, for the purposes of this section shall mean: (i) any
 book, or a book substitute, which shall include hard covered  or  paper-

 S. 2006                             6                            A. 3006
 
 back  books, work books, or manuals and (ii) for expenses incurred after
 July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
 content-based  instructional  materials in an electronic format, as such
 terms  are defined in the regulations of the commissioner, which a pupil
 is required to use as a text, or  a  text-substitute,  in  a  particular
 class  or  program in the school he or she legally attends. For expenses
 incurred on or after July first, two thousand eleven, a text-book  shall
 also  mean  items  of expenditure that are eligible for an apportionment
 pursuant to sections  seven  hundred  eleven,  seven  hundred  fifty-one
 and/or  seven  hundred  fifty-three  of this title, where such items are
 designated by the school district as eligible for aid pursuant  to  this
 section, provided, however, that if aided pursuant to this section, such
 expenses  shall not be aidable pursuant to any other section of law. FOR
 EXPENSES INCURRED ON OR AFTER JULY  FIRST,  TWO  THOUSAND  SEVENTEEN,  A
 TEXT-BOOK  SHALL  ALSO  MEAN  EXPENDITURES FOR HIGH QUALITY PROFESSIONAL
 DEVELOPMENT, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL  DISTRICT  AS
 ELIGIBLE  FOR  AID PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT THE
 TOTAL EXPENDITURES FOR HIGH QUALITY  PROFESSIONAL  DEVELOPMENT  ELIGIBLE
 FOR  AID  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE AMOUNT EQUAL TO
 THE DOCUMENTED REDUCTION OF  TEXTBOOK  EXPENDITURES  IN  THE  BASE  YEAR
 RESULTING  FROM  THE  USE  OF COURSEWARE OR OTHER CONTENT-BASED INSTRUC-
 TIONAL MATERIALS IN AN ELECTRONIC FORMAT PROVIDED TO THE SCHOOL DISTRICT
 WITHOUT CHARGE AND PROVIDED FURTHER  THAT  IF  AIDED  PURSUANT  TO  THIS
 SECTION,  SUCH  EXPENSES  SHALL  NOT  BE  AIDABLE  PURSUANT TO ANY OTHER
 SECTION OF LAW. Expenditures aided pursuant to this section shall not be
 eligible for aid pursuant to any other section  of  law.  Courseware  or
 other  content-based  instructional  materials  in  an electronic format
 included in the definition of  textbook  pursuant  to  this  subdivision
 shall be subject to the same limitations on content as apply to books or
 book substitutes aided pursuant to this section.
   § 4. Subdivision 9 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:
   9. The total number of charters issued pursuant to this article state-
 wide shall not exceed four hundred sixty. (a) All charters issued on  or
 after  July first, two thousand fifteen and counted toward the numerical
 limits established by this subdivision shall be issued by the  board  of
 regents  upon  application  directly  to  the board of regents or on the
 recommendation of the board of trustees of the state university  of  New
 York  pursuant  to  a competitive process in accordance with subdivision
 nine-a of this section. [Fifty of such charters issued on or after  July
 first,  two thousand fifteen, and no more, shall be granted to a charter
 for a school to be located in a city having a population of one  million
 or  more.]  The  failure of any body to issue the regulations authorized
 pursuant to this article shall not affect the  authority  of  a  charter
 entity  to  propose  a  charter  to the board of regents or the board of
 regents' authority to grant such charter. A conversion  of  an  existing
 public  school  to  a  charter  school, or the renewal or extension of a
 charter approved by any charter entity, shall not be counted toward  the
 numerical limits established by this subdivision.
   (b)  A charter that has been surrendered, revoked or terminated [on or
 before July first, two thousand fifteen], including a charter  that  has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant  to paragraph (a) of this subdivision by the board of regents either
 upon application directly to the board of regents or on the  recommenda-
 tion of the board of trustees of the state university of New York pursu-

 S. 2006                             7                            A. 3006
 
 ant  to  a  competitive process in accordance with subdivision nine-a of
 this section. Provided that such reissuance shall not be counted  toward
 the  statewide  numerical  limit  established  by this subdivision[, and
 provided  further  that no more than twenty-two charters may be reissued
 pursuant to this paragraph].
   (c) For purposes of determining the total number  of  charters  issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter authorized to be issued by chapter fifty-seven of  the  laws  of
 two  thousand  seven  effective July first, two thousand seven, and that
 remains unissued as of July first, two thousand fifteen, may  be  issued
 pursuant  to the provisions of law applicable to a charter authorized to
 be issued by such chapter in effect as of June fifteenth,  two  thousand
 fifteen[;  provided  however  that  nothing  in  this paragraph shall be
 construed to increase the numerical limit applicable to a city having  a
 population  of  one million or more as provided in paragraph (a) of this
 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
   § 5. Clauses (A) and (B) of subparagraph 5 of paragraph (e) of  subdi-
 vision  3 of section 2853 of the education law, as amended by section 11
 of part A of chapter 54 of the laws of 2016,  are  amended  to  read  as
 follows:
   (A)  the actual TOTAL FACILITY rental cost of an alternative privately
 owned site selected by the charter school or
   (B) [twenty] THIRTY percent of the product  of  the  charter  school's
 basic  tuition  for  the  current  school year and (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)
 for  a  charter  school  which expands its grade level, pursuant to this
 article, the positive difference of the charter school's  enrollment  in
 the  current  school  year  minus the charter school's enrollment in the
 school year prior to the first year of the expansion.
   § 5-a. Paragraph c of subdivision 6-g of section 3602 of the education
 law, as amended by section 11-a of part A of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   c.  For  purposes of this subdivision, the approved expenses attribut-
 able to a lease by a charter school of a privately owned site  shall  be
 the  lesser  of  the actual [rent paid] TOTAL FACILITY RENTAL COST under
 the lease or the maximum cost allowance established by the  commissioner
 for leases aidable under subdivision six of this section.
   § 5-b. Paragraph (e) of subdivision 3 of section 2853 of the education
 law is amended by adding a new subparagraph 1-a to read as follows:
   (1-A)  THE  CO-LOCATION  SITE OR ALTERNATIVE SPACE OFFERED PURSUANT TO
 SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE  SUFFICIENT  TO  ACCOMMODATE
 APPROVED  GRADE LEVELS WITHIN THE SAME BUILDING WITHIN BANDS AS FOLLOWS:
 KINDERGARTEN THROUGH GRADE 4, GRADES 5-8,  AND  GRADES  9-12,  INCLUDING
 THOSE  GRADE  LEVELS  NOT  YET  IN OPERATION AT THE TIME OF OFFERING BUT
 INCLUDED WITHIN THE CHARTER SCHOOL'S PLANNED  GRADE  CONFIGURATION.  THE
 DEFINED GRADE LEVEL BANDS HEREIN SHALL INCLUDE AN ALLOWABLE DEVIATION OF
 ONE  GRADE LEVEL ABOVE OR BELOW THE STATED LEVELS IF SUCH GRADE LEVEL IS
 AN EXISTING APPROVED GRADE LEVEL OF THE CHARTER SCHOOL.
   § 6. Subdivision 41 of section 3602 of the education law, as added  by
 section  18 of part B of chapter 57 of the laws of 2007, the subdivision
 heading and opening paragraph as amended by section  20  of  part  B  of
 chapter 57 of the laws of 2008, is amended to read as follows:

 S. 2006                             8                            A. 3006
 
   41.  Transitional  aid for charter school payments. In addition to any
 other apportionment under this section, for the two thousand  seven--two
 thousand  eight school year and thereafter, a school district other than
 a city school district in a city having a population of one  million  or
 more  shall  be  eligible for an apportionment in an amount equal to the
 sum of
   (a) the product of (i) the product of eighty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the base
 year less the number of resident pupils enrolled in a charter school  in
 the  year  prior  to  the  base  year,  provided, however, that a school
 district shall be eligible for an apportionment pursuant to  this  para-
 graph  only  if  the  number  of its resident pupils enrolled in charter
 schools in the base year exceeds  two  percent  of  the  total  resident
 public  school  district  enrollment of such school district in the base
 year or the total general fund payments made by such district to charter
 schools in the base year for resident pupils enrolled in charter schools
 exceeds two percent of total general fund expenditures of such  district
 in the base year, plus
   (b)  the product of (i) the product of sixty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the year
 prior to the base year less the number of resident pupils enrolled in  a
 charter  school  in the year two years prior to the base year, provided,
 however, that a school district shall be eligible for  an  apportionment
 pursuant  to  this  paragraph  only if the number of its resident pupils
 enrolled in charter schools in the year prior to the base  year  exceeds
 two  percent  of the total resident public school district enrollment of
 such school district in the year prior to the base  year  or  the  total
 general  fund  payments  made by such district to charter schools in the
 year prior to the base year for  resident  pupils  enrolled  in  charter
 schools  exceeds  two  percent of the total general fund expenditures of
 such district in the year prior to the base year, plus
   (c) the product of (i) the product of forty percent multiplied by  the
 charter  school  basic tuition computed for such school district for the
 base year pursuant to section twenty-eight  hundred  fifty-six  of  this
 chapter,  multiplied  by  (ii)  the  positive difference, if any, of the
 number of resident pupils enrolled in the charter school in the year two
 years prior to the base year less the number of resident pupils enrolled
 in a charter school in the year three years  prior  to  the  base  year,
 provided,  however,  that  a  school  district  shall be eligible for an
 apportionment pursuant to this paragraph only if the number of its resi-
 dent pupils enrolled in charter schools in the year two years  prior  to
 the  base  year  exceeds two percent of the total resident public school
 district enrollment of such school district in the year two years  prior
 to  the  base  year  or  the  total  general  fund payments made by such
 district to charter schools in the year two years prior to the base year
 for resident pupils enrolled in charter schools exceeds two  percent  of
 the  total  general  fund  expenditures of such district in the year two
 years prior to the base year[.], PLUS
   (d) FOR AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO  THOUSAND  NINE-
 TEEN  SCHOOL  YEAR THE PRODUCT OF (I) NINETY PERCENT, MULTIPLIED BY (II)

 S. 2006                             9                            A. 3006
 
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR SUCH SCHOOL DISTRICT FOR THE BASE YEAR PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER LESS THE  CHARTER  SCHOOL
 BASIC  TUITION  COMPUTED  FOR  SUCH SCHOOL DISTRICT FOR THE TWO THOUSAND
 TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT  TO  SECTION  TWENTY-EIGHT
 HUNDRED  FIFTY-SIX  OF  THIS  CHAPTER, MULTIPLIED BY (III) THE NUMBER OF
 RESIDENT PUPILS ENROLLED  IN  THE  CHARTER  SCHOOL  IN  THE  BASE  YEAR,
 PROVIDED,  HOWEVER,  THAT  A  SCHOOL  DISTRICT  SHALL BE ELIGIBLE FOR AN
 APPORTIONMENT PURSUANT TO THIS PARAGRAPH ONLY IF THE NUMBER OF ITS RESI-
 DENT PUPILS ENROLLED IN CHARTER SCHOOLS IN THE BASE  YEAR  EXCEEDS  FIVE
 THOUSANDTHS (0.005) OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLL-
 MENT  OF SUCH SCHOOL DISTRICT IN THE BASE YEAR OR THE TOTAL GENERAL FUND
 PAYMENTS MADE BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE BASE  YEAR  FOR
 RESIDENT  PUPILS  ENROLLED  IN  CHARTER SCHOOLS EXCEEDS FIVE THOUSANDTHS
 (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT  IN  THE
 BASE YEAR, PLUS
   (E)  FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
 SCHOOL YEAR THE PRODUCT OF (I) SIXTY PERCENT,  MULTIPLIED  BY  (II)  THE
 POSITIVE  DIFFERENCE,  IF  ANY,  OF  THE  CHARTER  SCHOOL  BASIC TUITION
 COMPUTED FOR SUCH SCHOOL DISTRICT FOR THE YEAR PRIOR TO  THE  BASE  YEAR
 PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER LESS
 THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL  DISTRICT  FOR
 THE  TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR PURSUANT TO
 SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS  CHAPTER,  MULTIPLIED  BY
 (III)  THE  NUMBER  OF RESIDENT PUPILS ENROLLED IN THE CHARTER SCHOOL IN
 THE YEAR PRIOR TO THE  BASE  YEAR,  PROVIDED,  HOWEVER,  THAT  A  SCHOOL
 DISTRICT  SHALL  BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO THIS PARA-
 GRAPH ONLY IF THE NUMBER OF ITS  RESIDENT  PUPILS  ENROLLED  IN  CHARTER
 SCHOOLS  IN  THE  YEAR  PRIOR  TO THE BASE YEAR EXCEEDS FIVE THOUSANDTHS
 (0.005) OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT OF  SUCH
 SCHOOL  DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR OR THE TOTAL GENERAL
 FUND PAYMENTS MADE BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE YEAR PRIOR
 TO THE BASE YEAR FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS
 FIVE THOUSANDTHS (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF  SUCH
 DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR, PLUS
   (F)  FOR  AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-
 ONE SCHOOL YEAR THE PRODUCT OF (I) THIRTY PERCENT,  MULTIPLIED  BY  (II)
 THE  POSITIVE  DIFFERENCE,  IF  ANY, OF THE CHARTER SCHOOL BASIC TUITION
 COMPUTED FOR SUCH SCHOOL DISTRICT FOR THE YEAR TWO YEARS  PRIOR  TO  THE
 BASE  YEAR  PURSUANT  TO  SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS
 CHAPTER LESS THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR  SUCH  SCHOOL
 DISTRICT  FOR  THE  TWO  THOUSAND  TEN--TWO  THOUSAND ELEVEN SCHOOL YEAR
 PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED  FIFTY-SIX  OF  THIS  CHAPTER,
 MULTIPLIED  BY (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE CHAR-
 TER SCHOOL IN THE YEAR TWO YEARS  PRIOR  TO  THE  BASE  YEAR,  PROVIDED,
 HOWEVER,  THAT  A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT
 PURSUANT TO THIS PARAGRAPH ONLY IF THE NUMBER  OF  ITS  RESIDENT  PUPILS
 ENROLLED IN CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 EXCEEDS  FIVE  THOUSANDTHS  (0.005)  OF THE TOTAL RESIDENT PUBLIC SCHOOL
 DISTRICT ENROLLMENT OF SUCH SCHOOL DISTRICT IN THE YEAR TWO YEARS  PRIOR
 TO  THE  BASE  YEAR  OR  THE  TOTAL  GENERAL  FUND PAYMENTS MADE BY SUCH
 DISTRICT TO CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS FIVE THOUSANDTHS
 (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT  IN  THE
 YEAR TWO YEARS PRIOR TO THE BASE YEAR.

 S. 2006                            10                            A. 3006
 
   (G)  For purposes of this subdivision the number of pupils enrolled in
 a charter school shall not include pupils enrolled in a  charter  school
 for  which  the  charter  was  approved by a charter entity contained in
 paragraph a of subdivision three of section twenty-eight hundred  fifty-
 one of this chapter.
   §  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 amended 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-
 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

 S. 2006                            11                            A. 3006
 
 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
 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.  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

 S. 2006                            12                            A. 3006
 
 brought  a firearm to or possessed a firearm at a public school or other
 premises used by the school district to provide such programs  shall  be
 suspended  for  a period of not less than one calendar year from partic-
 ipation  in such program. The procedures of this subdivision shall apply
 to such a suspension of a nonpublic school pupil.  A  superintendent  of
 schools,  district superintendent of schools or community superintendent
 shall have the authority to modify this suspension requirement for  each
 student  on  a case-by-case basis. The determination of a superintendent
 shall be subject to review by the board of education pursuant  to  para-
 graph  c  of  this  subdivision and the commissioner pursuant to section
 three hundred ten of this chapter. Nothing in this subdivision shall  be
 deemed  to  authorize  the  suspension of a student with a disability in
 violation of the individuals with disabilities education act or  article
 eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
 under the age of sixteen who has been determined to have brought a weap-
 on or firearm to school in violation of this subdivision to  a  present-
 ment  agency for a juvenile delinquency proceeding consistent with arti-
 cle three of the family court act except a student fourteen  or  fifteen
 years  of  age who qualifies for juvenile offender status under subdivi-
 sion forty-two of section 1.20 of the criminal procedure law;  PROVIDED,
 HOWEVER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND NINETEEN A SUPER-
 INTENDENT  SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS BEEN
 DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF
 THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE  DELINQUENCY
 PROCEEDING  CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT
 A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS  UNDER  SUBDIVISION
 FORTY-TWO  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND PROVIDED,
 FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY, A  SUPER-
 INTENDENT  SHALL  REFER THE PUPIL UNDER THE AGE OF EIGHTEEN WHO HAS BEEN
 DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF
 THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE  DELINQUENCY
 PROCEEDING  CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT
 A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS  UNDER  SUBDIVISION
 FORTY-TWO  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.  A superinten-
 dent shall refer any pupil sixteen years of age or older  or  a  student
 fourteen  or  fifteen  years  of age who qualifies for juvenile offender
 status under subdivision forty-two  of  section  1.20  of  the  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.
   §  11.  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-

 S. 2006                            13                            A. 3006
 
 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
 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 crim-
 inal  procedure law; PROVIDED, HOWEVER THAT COMMENCING ON JANUARY FIRST,
 TWO THOUSAND NINETEEN A SUPERINTENDENT SHALL REFER THE PUPIL  UNDER  THE
 AGE  OF  SEVENTEEN  WHO  HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR
 FIREARM TO SCHOOL IN VIOLATION OF  THIS  SUBDIVISION  TO  A  PRESENTMENT
 AGENCY  FOR  A  JUVENILE  DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE
 THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES  FOR  JUVE-
 NILE  OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW; AND PROVIDED FURTHER THAT COMMENCING ON  JANUARY
 FIRST, TWO THOUSAND TWENTY, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER
 THE  AGE OF EIGHTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR
 FIREARM TO SCHOOL IN VIOLATION OF  THIS  SUBDIVISION  TO  A  PRESENTMENT
 AGENCY  FOR  A  JUVENILE  DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE
 THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES  FOR  JUVE-
 NILE  OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW. A superintendent shall refer any  pupil  sixteen
 years  of age or older or a student fourteen or fifteen years of age who
 qualifies for juvenile offender status under  subdivision  forty-two  of
 section  1.20  of the criminal procedure law, who has been determined to
 have brought a weapon to school in violation of this subdivision to  the
 appropriate law enforcement officials.
   §  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.

 S. 2006                            14                            A. 3006
 
   § 15. The commissioner of education shall include direct certification
 data, for the three most recently available school years, as  referenced
 in  the  report submitted by such commissioner pursuant to section 46 of
 part A of chapter 54 of the laws of 2016 in the updated electronic  data
 files  prepared pursuant to paragraph b of subdivision 21 of section 305
 of the education law.
   § 16. Subparagraph (ii) of 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:
   (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
 AID  FOR  SCHOOL YEARS PRIOR TO THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR, the quotient of the number of persons aged five to
 seventeen within the school district, based on the most recent decennial
 census as 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, OR (B) FOR AID FOR THE TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND
 EIGHTEEN  SCHOOL YEAR AND THEREAFTER, 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 POVER-
 TY 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 DECIMALS WITHOUT ROUNDING.
   §  17.  Paragraph  g of subdivision 3 of section 3602 of the education
 law, as amended by section 13 of part B of chapter 57  of  the  laws  of
 2008, is amended to read as follows:
   g.  Computation  of  the  state sharing ratio. The state sharing ratio
 shall be the higher of:
   (1)  a  value  computed  by  subtracting  from  one  and  thirty-seven
 hundredths the product obtained by multiplying the combined wealth ratio
 by one and twenty-three hundredths; or
   (2)  a  value computed by subtracting from one the product obtained by
 multiplying the combined wealth ratio by sixty-four hundredths; or
   (3) a value computed by subtracting from eighty hundredths the product
 obtained  by  multiplying  the  combined  wealth  ratio  by  thirty-nine
 hundredths; or
   (4)  a  value  computed  by  subtracting from fifty-one hundredths the
 product obtained by multiplying the combined wealth ratio by  twenty-two
 hundredths,  provided,  however,  that  for the purpose of computing the
 state sharing ratio for total foundation aid, the tier four value  shall
 NOT  be  computed  [by subtracting from fifty-one hundredths the product
 obtained by multiplying the combined wealth ratio by one hundred  seven-
 ty-three  thousandths]  and  such  values  shall  be  computed using the
 combined wealth ratio for total foundation aid in place of the  combined

 S. 2006                            15                            A. 3006
 
 wealth  ratio, and, for high need school districts, as determined pursu-
 ant 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", such values
 shall be multiplied by one hundred five percent.
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero.
   § 18. Subdivision 1 of section 3602 of the education law is amended by
 adding a new paragraph hh to read as follows:
   HH. OPERATING AMOUNT PER PUPIL. THE OPERATING AMOUNT PER  PUPIL  SHALL
 EQUAL  THE  REMAINDER  WHEN  THE  EXPECTED MINIMUM LOCAL CONTRIBUTION IS
 SUBTRACTED FROM THE PRODUCT OF THE ADJUSTED COST  AMOUNT,  THE  REGIONAL
 COST INDEX, AND THE PUPIL NEED INDEX.
   (I)  THE ADJUSTED COST AMOUNT SHALL REFLECT THE AVERAGE PER PUPIL COST
 OF GENERAL EDUCATION INSTRUCTION  IN  SUCCESSFUL  SCHOOL  DISTRICTS,  AS
 DETERMINED  BY  A STATISTICAL ANALYSIS OF THE COSTS OF SPECIAL EDUCATION
 AND GENERAL EDUCATION IN SUCCESSFUL SCHOOL DISTRICTS, PROVIDED THAT  THE
 ADJUSTED  COST AMOUNT SHALL BE ADJUSTED ANNUALLY TO REFLECT THE PERCENT-
 AGE INCREASE IN THE CONSUMER PRICE INDEX.
   (II) 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 SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR AND THEREAFTER SHALL BE AS FOLLOWS:
   LABOR FORCE REGION INDEX
   CAPITAL DISTRICT 1.124
   SOUTHERN TIER 1.045
   WESTERN NEW YORK 1.091
   HUDSON VALLEY 1.314
   LONG ISLAND/NYC 1.425
   FINGER LAKES 1.141
   CENTRAL NEW YORK 1.103
   MOHAWK VALLEY 1.000
   NORTH COUNTRY 1.000
   (III) THE PUPIL NEED INDEX  SHALL  EQUAL  THE  SUM  OF  ONE  PLUS  THE
 EXTRAORDINARY  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.
   (IV) THE EXPECTED MINIMUM LOCAL CONTRIBUTION SHALL EQUAL THE LESSER OF
 (1)  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 (2) THE PRODUCT OF (A) THE PRODUCT OF THE ADJUSTED COST
 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 THIS SUBDIVISION PLUS THE STATEWIDE AVERAGE  TAX  RATE
 COMPUTED  BY  THE COMMISSIONER FOR THE BASE YEAR IN ACCORDANCE WITH SUCH

 S. 2006                            16                            A. 3006
 
 PROVISIONS PLUS THE STATEWIDE AVERAGE TAX RATE COMPUTED BY  THE  COMMIS-
 SIONER  FOR  THE  YEAR  PRIOR  TO  THE BASE YEAR IN ACCORDANCE WITH SUCH
 PROVISIONS, DIVIDED BY THREE. THE INCOME WEALTH INDEX  SHALL  BE  CALCU-
 LATED  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
 ZERO  NOR MORE THAN TWO HUNDRED PERCENT (2.0). THE SELECTED ACTUAL VALU-
 ATION SHALL BE CALCULATED PURSUANT TO PARAGRAPH C OF  THIS  SUBDIVISION.
 TOTAL  WEALTH  FOUNDATION  PUPIL  UNITS  SHALL BE CALCULATED PURSUANT TO
 PARAGRAPH H OF SUBDIVISION TWO OF THIS SECTION.
   § 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
 school year and thereafter, school districts which provided any half-day
 kindergarten  programs  or  had no kindergarten programs in the nineteen
 hundred ninety-six--ninety-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 aid equal to the product of
 the district's [selected foundation aid calculated pursuant to  subdivi-
 sion four] OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH HH OF SUBDI-
 VISION ONE of this section multiplied by the positive difference result-
 ing  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.
   §  20.  Paragraph c of subdivision 15 of section 3602 of the education
 law, as amended by section 16 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   c.  In  addition  to  any  other aid computed under this section, such
 school district shall be eligible to receive, for each  excess  transfer
 pupil, an amount equal to the [selected foundation aid for such district
 computed pursuant to subdivision four] OPERATING AMOUNT PER PUPIL PURSU-
 ANT TO PARAGRAPH HH OF SUBDIVISION ONE of this section.
   §  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  amended
 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

 S. 2006                            17                            A. 3006

 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
 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

 S. 2006                            18                            A. 3006

 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.]
   A. FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL  YEAR,
 DISTRICTS  SHALL BE ELIGIBLE FOR FOUNDATION AID EQUAL TO THE SUM OF: (1)
 THE BASE INCREASE, PLUS (2) THE COMMUNITY SCHOOLS INCREASE, PLUS (3) THE
 FOUNDATION AID BASE, AS DEFINED PURSUANT TO PARAGRAPH J  OF  SUBDIVISION
 ONE  OF  THIS SECTION. FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
 TEEN SCHOOL YEAR AND THEREAFTER, DISTRICTS SHALL BE ELIGIBLE FOR FOUNDA-
 TION AID EQUAL TO THE AMOUNT OF FOUNDATION AID SUCH DISTRICT RECEIVED IN
 THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR.
   1. THE BASE INCREASE SHALL BE EQUAL TO THE GREATER OF  THE  FOUNDATION
 AID  PER  PUPIL  INCREASE  OR  THE  SCALED  PER PUPIL INCREASE. THE BASE
 INCREASE SHALL NOT EXCEED THE PRODUCT OF FIFTEEN PERCENT  MULTIPLIED  BY
 THE  FOUNDATION  AID  BASE  AND  SHALL  NOT BE LESS THAN THE DUE MINIMUM
 INCREASE.
   (I) THE FOUNDATION AID PER PUPIL INCREASE SHALL BE EQUAL TO THE  PROD-
 UCT  OF THE SELECTED PER PUPIL FOUNDATION AID INCREASE AS DEFINED HEREIN
 MULTIPLIED BY THE SELECTED TOTAL AIDABLE FOUNDATION PUPIL UNITS COMPUTED
 PURSUANT TO PARAGRAPH G OF SUBDIVISION TWO OF THIS SECTION.
   (A) THE SELECTED PER PUPIL FOUNDATION AID INCREASE SHALL BE  EQUAL  TO
 THE  PER  PUPIL  FOUNDATION INCREASE AS DEFINED HEREIN LESS THE SELECTED
 LOCAL SHARE, WITH A MINIMUM OF FIVE HUNDRED DOLLARS ($500) MULTIPLIED BY
 THE PER PUPIL FOUNDATION INCREASE FACTOR, ROUNDED TO TWO DECIMALS.
   (B) THE PER PUPIL FOUNDATION INCREASE  FACTOR  FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR SHALL BE EQUAL TO ONE AND
 TWO HUNDRED TWENTY-SEVEN THOUSANDTHS PERCENT (0.01227).
   (C) THE PER PUPIL FOUNDATION INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 (I) THE PRODUCT OF THE ADJUSTED COST AMOUNT, THE REGIONAL COST INDEX  AS
 SET  FORTH  IN  PARAGRAPH  HH OF SUBDIVISION ONE OF THIS SECTION AND THE
 PUPIL NEED INDEX COMPUTED TO TWO DECIMALS WITHOUT  ROUNDING,  MULTIPLIED
 BY (II) THE PER PUPIL FOUNDATION INCREASE FACTOR.
   (D)  THE  SELECTED LOCAL SHARE SHALL BE EQUAL TO THE LESSER OF (A) THE
 PRODUCT OF THE PER PUPIL FOUNDATION INCREASE AND THE VALUE  COMPUTED  BY
 SUBTRACTING  FROM  ONE  THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID
 COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF  THIS  SECTION,
 ROUNDED  TO  TWO  DECIMALS OR (B) THE PRODUCT OF THE QUOTIENT ARRIVED AT
 WHEN DIVIDING THE SELECTED ACTUAL VALUATION BY TOTAL  WEALTH  FOUNDATION
 PUPIL UNITS, MULTIPLIED BY THE PRODUCT OF THE INCOME WEALTH INDEX MULTI-
 PLIED  BY  THE  LOCAL  TAX FACTOR MULTIPLIED BY THE PER PUPIL FOUNDATION
 INCREASE FACTOR, PROVIDED, HOWEVER, THAT THE INCOME WEALTH  INDEX  SHALL
 NOT BE LESS THAN ZERO NOR EXCEED TWO HUNDRED PERCENT (2.0).
   (II)  THE  SCALED  PER PUPIL INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 ONE HUNDRED NINETY-FIVE DOLLARS ($195)  MULTIPLIED  BY  THE  SCALED  PER
 PUPIL  RATIO, MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLL-
 MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVI-
 SION ONE OF THIS SECTION. THE SCALED PER PUPIL RATIO SHALL BE THE  VALUE
 COMPUTED  BY  SUBTRACTING  FROM  TWO  THE  PRODUCT  OF  TWO  AND FIFTEEN
 HUNDREDTHS (2.15) MULTIPLIED BY THE  COMBINED  WEALTH  RATIO  FOR  TOTAL

 S. 2006                            19                            A. 3006
 
 FOUNDATION  AID,  DEFINED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF
 SUBDIVISION THREE OF THIS SECTION,  COMPUTED  TO  THREE  DECIMAL  PLACES
 WITHOUT  ROUNDING.  THE  SCALED  PER  PUPIL RATIO SHALL NOT EXCEED NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   (III)  THE  DUE  MINIMUM INCREASE SHALL BE EQUAL TO THE PRODUCT OF THE
 FOUNDATION AID BASE AND THE DUE MINIMUM PERCENT. FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL YEAR, THE DUE MINIMUM PERCENT
 SHALL EQUAL: (A) FOR A CITY SCHOOL DISTRICT OF A  CITY  HAVING  A  POPU-
 LATION  OF  ONE MILLION OR MORE, TWO AND NINETY-THREE HUNDREDTHS PERCENT
 (0.0293);(B) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN
 EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND  LESS  THAN  ONE  MILLION
 INHABITANTS,  TWO  AND  ONE-HUNDRED  AND  SIXTY-FIVE THOUSANDTHS PERCENT
 (0.02165), AND (C) FOR ALL OTHER PUBLIC SCHOOL DISTRICTS, OTHER  THAN  A
 SPECIAL  ACT  SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 FOUR THOUSAND ONE OF THIS CHAPTER,  ELIGIBLE  FOR  FOUNDATION  AID,  ONE
 PERCENT (0.01).
   2.  THE  COMMUNITY  SCHOOLS INCREASE SHALL BE, FOR ALL ELIGIBLE SCHOOL
 DISTRICTS, EQUAL TO THE PRODUCT OF THE SCALED PER  PUPIL  AMOUNT  MULTI-
 PLIED  BY  THE  BASE  YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED
 PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE  OF  THIS
 SECTION,  BUT  SHALL  NOT  BE  LESS  THAN ONE-HUNDRED AND FIFTY THOUSAND
 DOLLARS ($150,000).
   (I) (A) A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR THE COMMUNITY  SCHOOLS
 INCREASE  IF (1) THE SCHOOL DISTRICT CONTAINS AT LEAST ONE SCHOOL DESIG-
 NATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO
 PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F
 OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND SEVENTEEN OR  (2)  THE
 SCHOOL  DISTRICT  HAS  BOTH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
 AID LESS THAN ONE AND TWO-TENTHS (1.2)  AND  HAS  A  QUALIFYING  ENGLISH
 LANGUAGE LEARNER POPULATION LEVEL.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, A QUALIFYING ENGLISH LANGUAGE
 LEARNER POPULATION LEVEL SHALL MEAN THOSE SCHOOL DISTRICTS WHERE (1) THE
 QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT  BY
 THE  BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO
 SUBPARAGRAPH TWO OF PARAGRAPH N  OF  SUBDIVISION  ONE  OF  THIS  SECTION
 EXCEEDS  FIVE PERCENT (0.05) AND (2) THE POSITIVE DIFFERENCE, IF ANY, OF
 THE ENGLISH LANGUAGE LEARNER COUNT LESS THE  AMOUNT  EQUAL  TO  "2011-12
 ENGLISH  LANGUAGE  LEARNERS"  IN  THE  COMPUTER  LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  FOR  THE  TWO
 THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR ENTITLED "BT171-8"
 IS  GREATER THAN BOTH (A) ONE HUNDRED PUPILS AND (B) THE PRODUCT OF ONE-
 TENTH (0.10) MULTIPLIED BY THE AMOUNT EQUAL TO "2011-12 ENGLISH LANGUAGE
 LEARNERS" IN THE  COMPUTER  LISTING  PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT  OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SEVENTEEN-
 -TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8".
   (II) THE COMMUNITY SCHOOLS SCALED PER PUPIL AMOUNT SHALL BE  EQUAL  TO
 THE  PRODUCT OF EIGHTY-EIGHT DOLLARS AND THREE CENTS ($88.03) MULTIPLIED
 BY THE DIFFERENCE OF SUBTRACTING FROM ONE THE PRODUCT  OF  THE  COMBINED
 WEALTH   RATIO   FOR  TOTAL  FOUNDATION  AID  MULTIPLIED  BY  SIXTY-FOUR
 HUNDREDTHS (0.64), PROVIDED THAT SUCH PRODUCT  SHALL  NOT  EXCEED  NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   B.  For  the purposes of calculating aid pursuant to this subdivision,
 aid for the city school district of the city of New York shall be calcu-
 lated on a citywide basis.
   [a. Foundation formula aid. Foundation formula  aid  shall  equal  the
 remainder  when  the  expected  minimum local contribution is subtracted

 S. 2006                            20                            A. 3006

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

 S. 2006                            21                            A. 3006

 statewide  average  tax  rate  computed by the commissioner for the year
 prior to the base year in accordance with such  provisions,  divided  by
 three,  provided  however  that for the two thousand seven--two thousand
 eight  school  year,  such local tax factor shall be sixteen thousandths
 (0.016), and provided further that for the two thousand eight--two thou-
 sand nine school year, such  local  tax  factor  shall  be  one  hundred
 fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum local contribution the income wealth index shall not  be  less  than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0)  and  provided  however that such income wealth index shall not be
 more than ninety-five percent (0.95) for  the  two  thousand  eight--two
 thousand  nine school year, and provided further that such income wealth
 index shall not be less than zero for  the  two  thousand  thirteen--two
 thousand  fourteen  school  year. The selected actual valuation shall be
 calculated pursuant to paragraph c of subdivision one of  this  section.
 Total  wealth  foundation  pupil  units  shall be calculated pursuant to
 paragraph h of subdivision two of this section.
   b. Phase-in foundation increase. (1) The phase-in foundation  increase
 shall  equal  the  product  of  the  phase-in foundation increase factor
 multiplied by the positive difference, if any, of (i) the product of the
 total aidable  foundation  pupil  units  multiplied  by  the  district's
 selected foundation aid less (ii) the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section.
   (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
 shall equal one hundred thirteen and  fourteen  one  hundredths  percent
 (1.1314)  for  the two thousand eleven--two thousand twelve school year,
 one hundred ten and thirty-eight hundredths percent (1.1038) for the two
 thousand twelve--two thousand thirteen school year,  one  hundred  seven
 and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
 teen--two thousand fourteen  school  year,  one  hundred  five  and  six
 hundredths  percent (1.0506) for the two thousand fourteen--two thousand
 fifteen school year,  and  one  hundred  two  and  five  tenths  percent
 (1.0250) for the two thousand fifteen--two thousand sixteen school year.
   (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

 S. 2006                            22                            A. 3006

 (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  shall  equal  for  an  eligible  school
 district the greater of: (1) for a city school district in a city with a
 population  of  one million or more, seven and seven hundred eighty four
 thousandths percent (0.07784); or (2) for a city school  district  in  a
 city  with a population of more than two hundred fifty thousand but less
 than one million as of the most recent federal decennial  census,  seven
 and three hundredths percent (0.0703); or (3) for a city school district
 in  a  city with a population of more than two hundred thousand but less
 than two hundred fifty thousand as of the most recent federal  decennial
 census,  six  and  seventy-two hundredths percent (0.0672); or (4) for a
 city school district in a city  with  a  population  of  more  than  one
 hundred fifty thousand but less than two hundred thousand as of the most
 recent federal decennial census, six and seventy-four hundredths percent
 (0.0674);  or (5) for a city school district in a city with a population
 of more than one hundred twenty-five thousand but less than one  hundred
 fifty  thousand as of the most recent federal decennial census, nine and
 fifty-five hundredths percent (0.0955); or (6) for school districts that
 were designated  as  small  city  school  districts  or  central  school
 districts  whose  boundaries  include  a portion of a small city for the
 school aid computer listing produced by the commissioner in  support  of
 the  enacted  budget for the two thousand fourteen--two thousand fifteen
 school year and entitled "SA141-5" with a  combined  wealth  ratio  less
 than  one and four tenths (1.4), nine percent (0.09), provided, however,
 that for such districts that are also districts designated as high  need
 urban-suburban pursuant to clause (c) of subparagraph two of paragraph c
 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

 S. 2006                            23                            A. 3006

 "SA0708", nine  and  seven  hundred  and  nineteen  thousandths  percent
 (0.09719);  or  (7)  for  school districts designated as high need rural
 pursuant to clause (c) of subparagraph two of paragraph c of subdivision
 six  of this section for the school aid computer listing produced by the
 commissioner in support of the  enacted  budget  for  the  two  thousand
 seven--two  thousand  eight  school year and entitled "SA0708", thirteen
 and six tenths percent (0.136); or (8) for school  districts  designated
 as  high  need urban-suburban pursuant to clause (c) of subparagraph two
 of paragraph c of subdivision six of this section  for  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the two thousand seven--two thousand eight  school  year  and
 entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
 or  (9)  for all other eligible school districts, forty-seven hundredths
 percent (0.0047) and for the two thousand seventeen--two thousand  eigh-
 teen  school  year and thereafter the commissioner shall annually deter-
 mine the phase-in  foundation  increase  factor  subject  to  allocation
 pursuant  to  the provisions of subdivision eighteen of this section and
 any provisions of a chapter of the laws of New York as described  there-
 in.]
   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
 BASE  YEAR  AIDS"  in such computer listing plus (B) the gap elimination
 adjustment for the base year.]
   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

 S. 2006                            24                            A. 3006
 
 the two thousand six--two thousand seven school year, as computed pursu-
 ant  to section two thousand twenty-two of this chapter. 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] THE SUM OF (I) THE AMOUNT, IF ANY, SET FORTH
 FOR  SUCH  DISTRICT  AS  "COMMUNITY  SCHL AID (BT1617)" IN THE DATA FILE
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
 TWO  THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED
 "SA161-7" AND (II) THE AMOUNT, IF ANY, SET FORTH FOR  SUCH  DISTRICT  AS
 "COMMUNITY  SCHL  INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND  SEVENTEEN-
 -TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8". EACH SCHOOL
 DISTRICT shall use [the] SUCH "COMMUNITY SCHL AID (BT1617)"  amount  [so
 set aside] to support the transformation of school buildings into commu-
 nity  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[:]. EACH SCHOOL  DISTRICT  SHALL
 USE  SUCH  "COMMUNITY SCHL INCR" AMOUNT 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 AND PROGRAMS
 FOR ENGLISH LANGUAGE LEARNERS.
 [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

 S. 2006                            25                            A. 3006

 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
 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

 S. 2006                            26                            A. 3006

 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
 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

 S. 2006                            27                            A. 3006

 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
 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

 S. 2006                            28                            A. 3006

 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
 Wyandanch                                           $402,010
 Yonkers                                           $4,286,726
 Yorkshire-Pioneer                                  $210,306]
   §  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

 S. 2006                            29                            A. 3006
 
 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-
 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.
   §  24.  Subdivision 12 of section 3602 of the education law is amended
 by adding a  new undesignated 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
 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-

 S. 2006                            30                            A. 3006
 
 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
 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

 S. 2006                            31                            A. 3006
 
 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]  OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH HH OF
 SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  ARTICLE  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] TWEN-
 TY-SEVEN HUNDRED DOLLARS ($2,700);
   (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"
 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

 S. 2006                            32                            A. 3006
 
 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
 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

 S. 2006                            33                            A. 3006

 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.]
   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.
   D. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, APPORTIONMENTS
 UNDER THIS SECTION GREATER THAN THE AMOUNTS PROVIDED IN THE TWO THOUSAND
 SIXTEEN--TWO  THOUSAND  SEVENTEEN  SCHOOL  YEAR  SHALL  ONLY  BE USED TO
 SUPPLEMENT AND NOT SUPPLANT CURRENT LOCAL EXPENDITURES OF FEDERAL, STATE
 OR LOCAL FUNDS ON PREKINDERGARTEN PROGRAMS AND THE NUMBER  OF  SLOTS  IN
 SUCH  PROGRAMS  FROM  SUCH  SOURCES.  CURRENT  LOCAL  EXPENDITURES SHALL
 INCLUDE ANY LOCAL EXPENDITURES OF FEDERAL, STATE OR LOCAL FUNDS USED  TO
 SUPPLEMENT  OR  EXTEND  SERVICES  PROVIDED  DIRECTLY  OR VIA CONTRACT TO
 ELIGIBLE CHILDREN ENROLLED IN A UNIVERSAL PREKINDERGARTEN PROGRAM PURSU-
 ANT TO THIS SECTION.
   § 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. A. Notwithstanding the  provisions  of  subdivision  ten  of  this
 section,  where the district serves fewer [children] FULL-DAY PREKINDER-
 GARTEN PUPILS 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 NUMBER OF ELIGIBLE TOTAL
 FULL-DAY PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN  PARAGRAPH
 B OF SUBDIVISION TEN OF THIS SECTION, 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  subdivision  shall be deemed ordinary
 contingent expenses] BY THE PRODUCT OF TWO MULTIPLIED BY AMOUNT  OF  THE
 SELECTED AID PER PREKINDERGARTEN PUPIL PURSUANT TO PARAGRAPH B OF SUBDI-
 VISION  TEN  OF  THIS  SECTION  MULTIPLIED BY THE DIFFERENCE OF ELIGIBLE
 TOTAL FULL-DAY PREKINDERGARTEN PUPILS LESS THE NUMBER OF FULL-DAY  PREK-
 INDERGARTEN PUPILS ACTUALLY SERVED.
   B.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION,
 WHERE THE DISTRICT SERVES FEWER HALF-DAY PREKINDERGARTEN  PUPILS  DURING
 THE  CURRENT  YEAR THAN THE NUMBER OF ELIGIBLE TOTAL HALF-DAY PREKINDER-
 GARTEN PUPILS SET FORTH FOR THE DISTRICT IN PARAGRAPH B  OF  SUBDIVISION
 TEN  OF  THIS  SECTION, THE SCHOOL DISTRICT SHALL HAVE ITS APPORTIONMENT
 REDUCED BY THE AMOUNT OF THE  SELECTED  AID  PER  PREKINDERGARTEN  PUPIL
 PURSUANT TO PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION MULTIPLIED BY
 THE  DIFFERENCE  OF  ELIGIBLE TOTAL HALF-DAY PREKINDERGARTEN PUPILS LESS
 THE  NUMBER  OF  HALF-DAY  PREKINDERGARTEN   PUPILS   ACTUALLY   SERVED.
 PROVIDED,  HOWEVER, THAT IN CALCULATING ANY SUCH REDUCTION IN APPORTION-

 S. 2006                            34                            A. 3006
 
 MENT, THE COMMISSIONER SHALL EXCLUDE  THE  REDUCTION,  IF  ANY,  IN  THE
 NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS SERVED DURING THE CURRENT YEAR
 OCCURRING  DUE  TO THE CONVERSION OF HALF-DAY PREKINDERGARTEN SLOTS INTO
 FULL-DAY  PREKINDERGARTEN  SLOTS  USING  FEDERAL OR LOCAL FUNDS OR STATE
 FUNDS OTHER THAN THOSE PROVIDED PURSUANT TO THIS SECTION.
   § 28. Paragraphs b and f 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, are 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;
   f. time requirements which reflect the needs of the individual  school
 districts  [for  flexibility, but meeting a minimum weekly time require-
 ment]; PROVIDED, HOWEVER, THAT A FULL-DAY SHALL BE CONSIDERED A  MINIMUM
 OF  FIVE  HOURS PER SCHOOL DAY, AND A HALF-DAY SHALL BE A MINIMUM OF TWO
 AND ONE-HALF HOURS PER SCHOOL DAY;
   § 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.
   § 30. Section 3602-e of the education law is amended by adding  a  new
 subdivision 17 to read as follows:
   17.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, AS A CONDITION
 OF ELIGIBILITY FOR   RECEIPT OF FUNDING  PURSUANT  TO  THIS  SECTION,  A
 SCHOOL  DISTRICT SHALL AGREE TO ADOPT APPROVED QUALITY INDICATORS WITHIN
 TWO YEARS, INCLUDING, BUT NOT LIMITED TO, VALID AND RELIABLE MEASURES OF
 ENVIRONMENTAL QUALITY, 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 INDIVID-
 UAL CHILDREN.

 S. 2006                            35                            A. 3006
 
   § 31. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by  section  23 of part A of chapter 54 of the laws of 2016, is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [seventeen]  EIGHTEEN;  provided  that  the  program  shall continue and
 remain in full effect.
   § 32. Paragraph a of subdivision 5 of section 3604  of  the  education
 law,  as  amended by chapter 161 of the laws of 2005, is amended to read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall be corrected by the commissioner. Whenever a school  district  has
 been  apportioned  less  money  than  that  to which it is entitled, the
 commissioner may allot to such district the balance to which it is enti-
 tled. Whenever a school district has been apportioned  more  money  than
 that  to which it is entitled, the commissioner may, by an order, direct
 such moneys to be paid back to the state to be credited to  the  general
 fund  local  assistance  account  for  state  aid to the schools, or may
 deduct such amount from the  next  apportionment  to  be  made  to  said
 district,  provided, however, that, upon notification of excess payments
 of aid for which a recovery must be made by the state through  deduction
 of  future  aid payments, a school district may request that such excess
 payments be  recovered  by  deducting  such  excess  payments  from  the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two  succeeding  school  years,  provided further that there shall be no
 interest penalty assessed against such  district  or  collected  by  the
 state.  Such  request  shall be made to the commissioner in such form as
 the commissioner shall prescribe, and shall be  based  on  documentation
 that the total amount to be recovered is in excess of one percent of the
 district's  total  general  fund  expenditures  for the preceding school
 year. The amount to be deducted in the first year shall be  the  greater
 of  (i) the sum of the amount of such excess payments that is recognized
 as a liability due to other governments by the district for the  preced-
 ing  school year and the positive remainder of the district's unreserved
 fund balance at the close of the preceding school year less the  product
 of  the  district's  total  general  fund expenditures for the preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments. The amount to be recovered in the second year shall equal  the
 lesser  of  the remaining amount of such excess payments to be recovered
 or one-third of such excess payments, and the remaining amount  of  such
 excess  payments  shall be recovered in the third year. Provided further
 that, notwithstanding any other  provisions  of  this  subdivision,  any
 pending  payment  of moneys due to such district as a prior year adjust-
 ment payable pursuant to paragraph c of this subdivision for aid  claims
 that  had been previously paid as current year aid payments in excess of
 the amount to which the district is entitled and for which  recovery  of
 excess  payments  is  to  be  made  pursuant to this paragraph, shall be
 reduced at the time of  actual  payment  by  any  remaining  unrecovered
 balance  of such excess payments, and the remaining scheduled deductions
 of such excess payments pursuant to this paragraph shall be  reduced  by
 the  commissioner  to reflect the amount so recovered. [The commissioner
 shall certify no payment to a school district based on a claim submitted
 later than three years after the close of the school year in which  such
 payment  was first to be made.  For claims for which payment is first to
 be made in the nineteen hundred  ninety-six--ninety-seven  school  year,

 S. 2006                            36                            A. 3006

 the  commissioner shall certify no payment to a school district based on
 a claim submitted later than two years after the close  of  such  school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred  ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND SIXTEEN--
 TWO THOUSAND SEVENTEEN school year [and  thereafter],  the  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than one year after the close of such school year. FOR CLAIMS FOR
 WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND SIXTEEN--TWO THOU-
 SAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTI-
 FY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN
 THE FIRST OF  NOVEMBER  OF  SUCH  SCHOOL  YEAR.  Provided,  however,  no
 payments  shall be barred or reduced where such payment is required as a
 result of a final audit of the state.  [It  is  further  provided  that,
 until  June thirtieth, nineteen hundred ninety-six, the commissioner may
 grant a waiver from the  provisions  of  this  section  for  any  school
 district  if  it  is  in  the best educational interests of the district
 pursuant to guidelines developed by the commissioner and approved by the
 director of the budget.] FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS
 PROVIDED  PURSUANT  TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
 SEVEN HUNDRED FIFTY-ONE, SEVEN  HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED
 FIFTY,  THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX  HUNDRED TWO-B, THIRTY-SIX
 HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED  FIVE  OF
 THIS  CHAPTER  FOR  THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEARS, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SEVENTEEN--TWO  THOU-
 SAND  EIGHTEEN  STATE  FISCAL  YEAR  AND ENTITLED "BT171-8", AND FURTHER
 PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
 HUNDRED ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED  FIFTY, THIRTY-SIX HUNDRED TWO,
 THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
 TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
 SCHOOL YEAR COMMENCES.
   § 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--two thousand seventeen school
 year, "moneys apportioned" shall mean the lesser of (i) the sum  of  one
 hundred  percent  of  the  respective  amount  set forth for each school
 district as payable pursuant to this section in the school aid  computer
 listing  for the current year produced by the commissioner in support of
 the budget which includes the appropriation for the general support  for
 public  schools  for the prescribed payments and individualized payments
 due prior to April first for the current  year  plus  the  apportionment

 S. 2006                            37                            A. 3006

 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 subdivision eight of
 section forty-four hundred one of this chapter, less any grants provided
 pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
 section  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 subdivision twelve of
 section thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment 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  busi-
 ness  day  of  June  of  the  current year, moneys apportioned shall not
 include any aids payable pursuant to subdivisions six and  fourteen,  if
 applicable,  of  section  thirty-six hundred two of this part as current
 year aid for debt service on bond anticipation notes and/or bonds  first
 issued in the current year or any aids payable for full-day kindergarten
 for  the current year pursuant to subdivision nine of section thirty-six
 hundred two of this part. The definitions of "base  year"  and  "current
 year"  as set forth in subdivision one of section thirty-six hundred two
 of this part shall apply to this section. [For aid payable  in  the  two
 thousand  sixteen--two thousand seventeen school year, reference to such
 "school aid computer listing for the current year" shall mean the print-
 outs entitled "SA161-7".] FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPOR-
 TIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT  OF
 THE  RESPECTIVE  AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE
 PURSUANT TO THIS SECTION IN THE SCHOOL  AID  COMPUTER  LISTING  FOR  THE
 CURRENT  YEAR  PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE
 BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL  SUPPORT
 FOR  PUBLIC  SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED
 PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS  THE  APPOR-
 TIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS
 SIX-A  AND  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 SUBDIVISION EIGHT OF
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B  OF  SUBDIVISION  FOUR  OF
 SECTION  NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBDIVISIONS SIX OF SECTION NINETY-SEVEN-NNNN OF  THE  STATE
 FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPOR-
 TIONMENT 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  BUSI-
 NESS  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

 S. 2006                            38                            A. 3006
 
 HUNDRED TWO OF THIS PART. FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID
 COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
 "BT171-8".
   §  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

 S. 2006                            39                            A. 3006
 
 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. The education law is amended by adding a new section  4403-a  to
 read as follows:
   §  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
 APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
 SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
 DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
 TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
 THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
 SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
 ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
 DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
 PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
 WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
 BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
 SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
 MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
 DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
 IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
 IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
 PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
   3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
 SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
 SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
 REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
 FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
 NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
 LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
 PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
 WHICH A WAIVER IS GRANTED.

 S. 2006                            40                            A. 3006
 
   § 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  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR,  APPROVED  PRESCHOOL  INTEGRATED  SPECIAL  CLASS
 PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON  AN  ALTERNATIVE
 METHODOLOGY FOR REIMBURSEMENT TO BE ESTABLISHED BY THE COMMISSIONER. 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 SEVENTEEN.
   § 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.
   e. Upon referral of a pupil for  participation  in  a  gifted  program
 funded  under this chapter] D. 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.

 S. 2006                            41                            A. 3006
 
   [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.  Subparagraph (ii) of paragraph (a) of subdivision 9 of section
 103 of the general municipal law, as amended by chapter 62 of  the  laws
 of 2016, is amended to read as follows:
   (ii)  such  association of producers or growers is comprised of owners
 of farms who also operate such farms and have combined to fill the order
 of a school district, and where such order is for [twenty-five thousand]
 ONE HUNDRED THOUSAND dollars or  less  as  herein  authorized,  provided
 however,  that a school district may apply to the commissioner of educa-
 tion for permission to purchase orders of more than  [twenty-five  thou-
 sand] ONE HUNDRED THOUSAND dollars from an association of owners of such
 farms  when  no  other producers or growers have offered to sell to such
 school;
   § 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]  2020  provided,
 further,  that notwithstanding any provision of article 5 of the general
 construction law, on June 30, [2017] 2020 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
 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

 S. 2006                            42                            A. 3006
 
 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] 2020.
   §  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
 THREE  HUNDRED  SEVENTY  THOUSAND  SIX HUNDRED SEVENTY-NINE (1,370,679).
 Notwithstanding any other provision of law to the contrary,  the  appor-
 tionment calculated for the city school district of the city of New York
 pursuant to subdivision 11 of section 3602 of the education law shall be
 computed  as if such contact hours provided by the consortium for worker

 S. 2006                            43                            A. 3006
 
 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  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
 ($11,500,000).
   § 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.
   (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

 S. 2006                            44                            A. 3006
 
 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
 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

 S. 2006                            45                            A. 3006
 
 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.
   §  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

 S. 2006                            46                            A. 3006
 
 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
 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

 S. 2006                            47                            A. 3006
 
 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
 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

 S. 2006                            48                            A. 3006
 
 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
 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

 S. 2006                            49                            A. 3006
 
 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. 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.
   §  59.  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, three, four,  five,  five-a,  five-b,  six,  fifteen,
 sixteen,  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
 twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty
 eight, twenty-nine, thirty, thirty-two, thirty-three, thirty-four, thir-
 ty-five, forty-eight, forty-nine, fifty-one, fifty-five,  and  fifty-six
 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;
   8. the amendments to paragraph d of subdivision 3 of section  3214  of
 the  education  law  made by section ten of this act shall be subject to
 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 eleven of this act shall take effect; and

 S. 2006                            50                            A. 3006
 
   9.  section forty-seven of this act shall take effect immediately  and
 shall  be  deemed to have been in full force and effect on and after the
 effective date of section 140 of chapter 82 of the laws of 1995.
 
                                  PART B
 
   Section  1.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY PROVIDE A  COLLABO-
 RATIVE  ALTERNATIVE  EDUCATION PROGRAM KNOWN AS A "RECOVERY HIGH SCHOOL"
 FOR STUDENTS (I) DIAGNOSED WITH SUBSTANCE USE DISORDER,  AS  DEFINED  BY
 THE  DIAGNOSTIC  AND  STATISTICAL MANUAL OF MENTAL DISORDERS V, AND (II)
 WHO HAVE DEMONSTRATED A COMMITMENT TO RECOVERY. PROVIDED THAT A RECOVERY
 HIGH SCHOOL MAY BE ONE OF TWO SUCH SCHOOLS AUTHORIZED BY THE COMMISSION-
 ER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN  CONJUNC-
 TION  WITH  THE  COMMISSIONER,  PROVIDED  THAT EACH RECOVERY HIGH SCHOOL
 SHALL CONTAIN THE FOLLOWING PROGRAM ELEMENTS: (A) A  COMPREHENSIVE  FOUR
 YEAR  HIGH  SCHOOL  EDUCATION,  (B)  A  STRUCTURED  PLAN OF RECOVERY FOR
 STUDENTS, (C) A PARTNERSHIP WITH A LOCAL  SOCIAL  SERVICES  AGENCY  WITH
 EXPERTISE IN SUBSTANCE USE DISORDER AND MENTAL HEALTH, AND (D) ANY OTHER
 PROGRAM ELEMENTS PURSUANT TO REGULATIONS OF THE COMMISSIONER OF ALCOHOL-
 ISM AND SUBSTANCE ABUSE SERVICES.
   (1)  PROGRAM  AND ADMINISTRATIVE COSTS, INCLUDING CAPITAL COSTS, ALLO-
 CATED TO COMPONENT SCHOOL DISTRICTS IN ACCORDANCE WITH A  RECOVERY  HIGH
 SCHOOL  PROGRAM  PURSUANT  TO THIS PARAGRAPH SHALL BE ELIGIBLE FOR BOCES
 AID AS AN AIDABLE SHARED SERVICE PURSUANT  TO  THIS  SECTION  AND  COSTS
 ALLOCATED TO A PARTICIPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A
 MEMORANDUM  OF  UNDERSTANDING  SHALL  BE AIDABLE PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION TO THE SAME EXTENT AND ON THE SAME BASIS  AS  COSTS
 ALLOCATED TO A COMPONENT SCHOOL DISTRICT.
   (2)  THE  TRUSTEES  OR  BOARD  OF  EDUCATION OF A NON-COMPONENT SCHOOL
 DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES  IN  EXCESS  OF  ONE
 HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF
 UNDERSTANDING  WITH  A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES TO
 PARTICIPATE IN A RECOVERY HIGH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED
 FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD  OF  EDUCATION  AND
 THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  MAY  MUTUALLY AGREE,
 PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION
 OF THE RECOVERY HIGH SCHOOL PROGRAM INCLUDING CAPITAL COSTS, BUT PARTIC-
 IPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE  FOR  PAYMENT
 OF  ADMINISTRATIVE  EXPENSES  AS DEFINED IN PARAGRAPH B OF THIS SUBDIVI-
 SION.
   § 2. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding a new subparagraph 12 to read as follows:
   (12) TO ENTER INTO CONTRACTS WITH THE COMMISSIONER OF  THE  OFFICE  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,  SUBSTANCE  ABUSE TREATMENT
 PROVIDERS, AND ANY OTHER ORGANIZATION FOR THE  PURPOSE  OF  OPERATING  A
 RECOVERY  HIGH  SCHOOL  PROGRAM.  ANY  SUCH  PROPOSED  CONTRACT SHALL BE
 SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMISSIONER.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   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,

 S. 2006                            51                            A. 3006
 
 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
 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

 S. 2006                            52                            A. 3006
 
 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
 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

 S. 2006                            53                            A. 3006
 
 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
 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,

 S. 2006                            54                            A. 3006

 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
 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

 S. 2006                            55                            A. 3006
 
 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-
 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

 S. 2006                            56                            A. 3006
 
 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
 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

 S. 2006                            57                            A. 3006
 
 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
 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-

 S. 2006                            58                            A. 3006

 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
 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-

 S. 2006                            59                            A. 3006
 
 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.  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:

 S. 2006                            60                            A. 3006
 
   (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) IF ENROLLED IN (I) A PUBLIC
 INSTITUTION OF HIGHER EDUCATION PRIOR TO APPLICATION, HAS  COMPLETED  AT
 LEAST  FIFTEEN  COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE
 TO HIS OR HER PROGRAM OR PROGRAMS OF STUDY OR  (II)  AN  INSTITUTION  OF
 HIGHER  EDUCATION  PRIOR  TO APPLICATION, HAS COMPLETED AT LEAST FIFTEEN
 COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE TO HIS  OR  HER
 PROGRAM  OR PROGRAMS OF STUDY AND WHICH WERE ACCEPTED UPON TRANSFER TO A

 S. 2006                            61                            A. 3006
 
 PUBLIC INSTITUTION OF HIGHER EDUCATION; (C) ENROLLS IN AND COMPLETES  AT
 LEAST  FIFTEEN  COMBINED CREDITS PER TERM, OR ITS EQUIVALENT, APPLICABLE
 TO HIS OR HER PROGRAM OR PROGRAMS OF STUDY  EXCEPT  IN  LIMITED  CIRCUM-
 STANCES AS PRESCRIBED BY THE CORPORATION IN REGULATION. NOTWITHSTANDING,
 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 AND
 COMPLETE AT LEAST FIFTEEN CREDIT HOURS OR ITS  EQUIVALENT;  (D)  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; AND
 (III) ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS  RECEIVING
 AN AWARD IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR
 AND  THEREAFTER; AND (E) 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  APPLI-
 CANT'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, FEDERAL
 PELL GRANT PURSUANT TO SECTION ONE THOUSAND SEVENTY 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 INSTITUTION SHALL DEFER THE  AMOUNT  OF
 TUITION.    NOTWITHSTANDING  PARAGRAPH  H  OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED FIFTY-FIVE AND  PARAGRAPH  (A)  OF  SUBDIVISION  SEVEN  OF
 SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER, AND ANY OTHER LAW,
 RULE OR REGULATION TO THE CONTRARY, THE UNDERGRADUATE 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.
   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.    NOTWITH-

 S. 2006                            62                            A. 3006
 
 STANDING, 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.
   (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. Subdivision 3 of section 661 of the education law is REPEALED.
   § 3. Paragraph a of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   a. (I) Except as provided in subdivision two of  section  six  hundred
 seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
 applicant for an award at the undergraduate level of study  must  either
 [(i)]  (A) have been a legal resident of the state for at least one year
 immediately preceding the beginning of the semester, quarter or term  of
 attendance  for  which application for assistance is made, or [(ii)] (B)
 be a legal resident of the state and have been a legal  resident  during
 his OR HER last two semesters of high school either prior to graduation,
 or prior to admission to college. Provided further that persons shall be
 eligible  to  receive  awards  under  section six hundred sixty-eight or
 section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
 residents of the state and are otherwise qualified.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN,  AN  ALIEN  LAWFULLY  ADMITTED  FOR  PERMANENT RESIDENCE IN THE
 UNITED STATES, AN INDIVIDUAL OF A  CLASS  OF  REFUGEES  PAROLED  BY  THE
 ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
 YEARS,  GRADUATED  FROM  A  REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
 CONTINUOUSLY IN NEW YORK STATE WHILE  ATTENDING  AN  APPROVED  NEW  YORK
 STATE  HIGH  SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
 EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT,  AND
 ATTENDED  WITHIN  FIVE  YEARS  OF RECEIVING A NEW YORK STATE HIGH SCHOOL
 DIPLOMA; OR

 S. 2006                            63                            A. 3006
 
   (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
 SCHOOL  EQUIVALENCY  DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A  GENERAL  EQUIVALENCY
 DIPLOMA,  RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
 HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
 SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 4. Paragraph b of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
 PARAGRAPH, AN applicant for an award at the graduate level of study must
 either  [(i)]  (A)  have been a legal resident of the state for at least
 one year immediately preceding the beginning of the semester, quarter or
 term of attendance for which application  for  assistance  is  made,  or
 [(ii)]  (B) be a legal resident of the state and have been a legal resi-
 dent during his OR HER last academic year  of  undergraduate  study  and
 have  continued to be a legal resident until matriculation in the gradu-
 ate program.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
 TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS

 S. 2006                            64                            A. 3006
 
 SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 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 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.
   § 6. Paragraph e of subdivision 5 of section 661 of the education law,
 as  added  by  chapter  630  of  the laws of 2005, is amended to read as
 follows:
   e. Notwithstanding any other provision of this article to the  contra-
 ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
 MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
 SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
 member,  of  the  armed  forces of the United States on full-time active
 duty and stationed in this state.
   § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
 sion 2 of section 355 of the education law, as added by chapter  327  of
 the laws of 2002, are amended to read as follows:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
 NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
 applied for attendance [at] AND ATTENDED an institution  or  educational
 unit  of  the state university within five years of receiving a New York
 state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
 DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an institution or educational unit of the state university  within  five
 years  of receiving a general equivalency diploma issued within New York
 state; or
   § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
 section 6206 of the education law, as amended by chapter 260 of the laws
 of 2011, are amended to read as follows:

 S. 2006                            65                            A. 3006
 
   (i) attended an approved New York high school for two or  more  years,
 graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
 applied  for  attendance [at] AND ATTENDED an institution or educational
 unit  of  the  city university within five years of receiving a New York
 state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
 DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an institution or educational unit of the city  university  within  five
 years  of receiving a general equivalency diploma issued within New York
 state; or
   § 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
 law, as amended by chapter 327 of the laws of 2002,  the  opening  para-
 graph  as  amended  by  section 4 of chapter 437 of the laws of 2015, 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. The trustees shall further
 provide that the payment of tuition and fees by any student who is not a
 resident of New York state, other than a non-immigrant alien within  the
 meaning  of  paragraph (15) of subsection (a) of section 1101 of title 8
 of the United States Code, shall be paid at a rate or charge no  greater
 than  that  imposed  for students who are residents of the state if such
 student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
 applied  for  attendance [at] AND ATTENDED an institution or educational
 unit of the city university within five years of receiving  a  New  York
 state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE

 S. 2006                            66                            A. 3006
 
 ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
 DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance  [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an  institution  or  educational unit of the city university within five
 years of receiving a general equivalency diploma issued within New  York
 state; or
   (iii)  was  enrolled in an institution or educational unit of the city
 university in the fall semester or quarter of the two thousand  one--two
 thousand  two  academic  year  and was authorized by such institution or
 educational unit to pay tuition  at  the  rate  or  charge  imposed  for
 students who are residents of the state.
   A  student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration
 status,  or will file such an application as soon as he or she is eligi-
 ble to do so. The trustees shall not adopt changes  in  tuition  charges
 prior  to  the enactment of the annual budget. The board of trustees may
 accept as partial reimbursement for the education  of  veterans  of  the
 armed  forces of the United States who are otherwise qualified such sums
 as may be authorized by federal legislation to be paid for  such  educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and  courses  for  adult  education  appropriate  to the field of higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion,  require students to pay library, laboratory, locker, break-
 age and other instructional and non-instructional fees and meet the cost
 of books and consumable supplies. In addition to the foregoing fees  and
 charges,  the  board of trustees may impose and collect fees and charges
 for student government and other  student  activities  and  receive  and
 expend them as agent or trustee.
   § 9. Subdivision 5 of section 6301 of the education law, as amended by
 chapter 327 of the laws of 2002, is amended to read as follows:
   5.  "Resident."  A person who has resided in the state for a period of
 at least one year and in the county,  city,  town,  intermediate  school
 district,  school  district or community college region, as the case may
 be, for a period of at least six months, both immediately preceding  the
 date  of  such  person's registration in a community college or, for the
 purposes of section sixty-three hundred five of this article, his or her
 application for a certificate of residence; provided, however, that this
 term shall include any student who is not a resident of New York  state,
 other than a non-immigrant alien within the meaning of paragraph (15) of
 subsection  (a) of section 1101 of title 8 of the United States Code, if
 such student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
 applied  for  attendance  [at  an institution or educational unit of the
 state university] AND ATTENDED A COMMUNITY COLLEGE within five years  of
 receiving a New York state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
 DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an
 institution or educational unit of the state university], EARNED  ADMIS-
 SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY

 S. 2006                            67                            A. 3006
 
 COLLEGE  within  five  years  of receiving a general equivalency diploma
 issued within New York state; or
   (iii) was enrolled in [an institution or educational unit of the state
 university]  A  COMMUNITY COLLEGE in the fall semester or quarter of the
 two thousand one--two thousand two academic year and was  authorized  by
 such  [institution or educational unit] COMMUNITY COLLEGE to pay tuition
 at the rate or charge imposed for students  who  are  residents  of  the
 state.
   Provided,  further,  that  a student without lawful immigration status
 shall also be required to file an affidavit with  such  [institution  or
 educational  unit]  COMMUNITY COLLEGE stating that the student has filed
 an application to legalize his or her immigration status, or  will  file
 such an application as soon as he or she is eligible to do so.
   In the event that a person qualified as above for state residence, but
 has  been a resident of two or more counties in the state during the six
 months immediately preceding his OR HER application for a certificate of
 residence pursuant to section sixty-three hundred five of this  chapter,
 the  charges  to  the counties of residence shall be allocated among the
 several counties proportional to the number of months, or major fraction
 thereof, of residence in each county.
   § 10. Paragraph d of subdivision 3 of section 6451  of  the  education
 law,  as  amended by chapter 149 of the laws of 1972, is amended to read
 as follows:
   d. Any necessary supplemental financial assistance, which may  include
 the  cost of books and necessary maintenance for such enrolled students,
 INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
 STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
 GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
 SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
 however, that such supplemental financial assistance shall be  furnished
 pursuant  to  criteria promulgated by the commissioner with the approval
 of the director of the budget.
   § 10-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
 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. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
 of the education law, as added by chapter 917 of the laws  of  1970,  is
 amended to read as follows:
   (v) Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such students, INCLUDING
 STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
 MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
 that  such supplemental financial assistance shall be furnished pursuant
 to criteria promulgated by such universities and approved by the regents
 and the director of the budget.

 S. 2006                            68                            A. 3006
 
   § 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:
   (a)  (I) Undergraduate science and technology entry program moneys may
 be used for tutoring, counseling, remedial and special  summer  courses,
 supplemental  financial  assistance,  program  administration, and other
 activities which the commissioner may deem appropriate. To  be  eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support, a student must be a resident of New York [who is], OR MEET  THE
 REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
 economically disadvantaged or from a minority group  historically  under
 represented  in  the  scientific,  technical,  health and health-related
 professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved,  undergraduate  level  program  of  study,  as  defined by the
 regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
 HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
 SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  13. Paragraph (a) of subdivision 3 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:

 S. 2006                            69                            A. 3006
 
   (a)  (I)  Graduate  science and technology entry program moneys may be
 used for recruitment, academic enrichment, career planning, supplemental
 financial assistance, review for licensing examinations, program  admin-
 istration,  and  other activities which the commissioner may deem appro-
 priate.  To  be  eligible for graduate collegiate science and technology
 entry program support, a student must be a resident  of  New  York  [who
 is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
 AND MUST BE either economically disadvantaged or from a  minority  group
 historically  underrepresented  in the scientific, technical and health-
 related professions. Eligible students must be in good  academic  stand-
 ing,  enrolled  full  time  in  an  approved  graduate level program, as
 defined by the regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
 TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
 SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H  OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  14.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (i)  the name, address and social security number [or], employer iden-
 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  SEVEN-
 TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-

 S. 2006                            70                            A. 3006
 
 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   §  15.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  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
   § 16. The president of the higher education services corporation shall
 establish  an application form and procedures that shall allow a student
 applicant that meets the requirements set forth in subparagraph (ii)  of
 paragraph  a  or  subparagraph  (ii)  of paragraph b of subdivision 5 of
 section 661 of the education law to apply directly to the higher  educa-
 tion services corporation for applicable awards without having to submit
 information  to  any  other  state  or  federal  agency. All information
 contained with the applications filed with  such  corporation  shall  be
 deemed  confidential,  except  that the corporation shall be entitled to
 release information to participating institutions as necessary  for  the
 administration  of  financial  aid  programs  and to the extent required
 pursuant to article 6 of the public officers law or  otherwise  required
 by law.
   §  17.  The  higher  education  services  corporation is authorized to
 promulgate rules and regulations, and  may  promulgate  emergency  regu-
 lations, necessary for the implementation of the provisions of this act.
   §  18. This act shall take effect on the ninetieth day after the issu-
 ance of regulations and the development of an application  form  by  the
 president of the higher education services corporation or on the nineti-
 eth  day  after  it  shall  have become a law, whichever shall be later;
 provided, however, that:
   a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1)  of
 subdivision 7 of section 6206 of the education law made by section eight
 of  this act shall not affect the expiration of such paragraph and shall
 be deemed to expire therewith; when upon such  date  the  provisions  of
 section eight-a of this act shall take effect;
   b. section ten-a of this act shall take effect on the same date and in
 the same manner as chapter 494 of the laws of 2016 takes effect; and
   c.  the  president  of the higher education services corporation shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  issuance  of regulations and the development of an application form
 provided for in this section in order that the commission  may  maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.
 
                                  PART F
 
   Section 1. The opening paragraph of paragraph c of  subdivision  3  of
 section  667 of the education law, as added by chapter 83 of the laws of
 1995 and as relettered by section 2 of part J of chapter 58 of the  laws
 of 2011, is amended to read as follows:
   In no [even] EVENT shall [shall] any award:

 S. 2006                            71                            A. 3006
 
   § 2. Subparagraph (iii) of paragraph c of subdivision 3 of section 667
 of  the education law, as added by chapter 83 of the laws of 1995 and as
 relettered by section 2 of part J of chapter 58 of the laws of 2011,  is
 amended and a new subparagraph (iv) is added to read as follows:
   (iii) be made when income exceeds the maximum income set forth in this
 subdivision.  The  commissioner  shall list in his regulations all major
 state and federal financial aid available to New York state students and
 identify any forms of aid that are duplicative of the  purposes  of  the
 tuition  assistance  program.  For  the  purposes  of  this subdivision,
 neither United States war orphan educational benefits nor benefits under
 the veterans' readjustment act of nineteen hundred  sixty-six  shall  be
 considered as federal or other educational aid[.]; OR
   (IV)  BE  MADE  IF  THE  INCREASE IN ANNUAL TUITION AND MANDATORY FEES
 EXCEEDS THE THREE YEAR AVERAGE OF THE FINAL HIGHER EDUCATION PRICE INDEX
 FOR THE MOST RECENTLY AVAILABLE ACADEMIC YEARS OR FIVE HUNDRED  DOLLARS,
 WHICHEVER  IS  GREATER.  NOTWITHSTANDING, STUDENTS WHO FIRST RECEIVED AN
 AWARD IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR
 AND EARLIER, SHALL CONTINUE TO BE ELIGIBLE FOR AN  AWARD  PROVIDED  SUCH
 STUDENTS SATISFY THE ELIGIBILITY REQUIREMENTS.
   § 3. This act shall take effect July 1, 2018.
 
                                  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

 S. 2006                            72                            A. 3006
 
 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 FIFTY  DOLLARS  OVER  THE  RESIDENT
 UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
 PRIOR ACADEMIC YEAR, PROVIDED,  HOWEVER  THAT  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 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  CORRE-
 SPONDING  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

 S. 2006                            73                            A. 3006
 
 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) For the state university fiscal years commencing two thou-
 sand eleven--two thousand twelve and ending  two  thousand  fifteen--two
 thousand  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
 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

 S. 2006                            74                            A. 3006
 
 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 FIFTY  DOLLARS  OVER  THE  RESIDENT
 UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
 PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDER-
 GRADUATE 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 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  CORRE-
 SPONDING  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.
   § 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:

 S. 2006                            75                            A. 3006
 
   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 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.
   §  6. 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.
 
                                  PART H

   Section 1. Section 6221 of the education law is amended  by  adding  a
 new subdivision F to read as follows:
   F.  FOUNDATION  CONTRIBUTIONS  TO  THE CITY UNIVERSITY OF NEW YORK. 1.
 NOTWITHSTANDING ANY OTHER LAW,  RULE  OR  REGULATION  TO  THE  CONTRARY,
 COMMENCING IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC
 YEAR AND EACH ACADEMIC YEAR THEREAFTER, THE TRUSTEES OF THE CITY UNIVER-
 SITY  OF  NEW YORK SHALL ANNUALLY COLLECT FROM EACH AFFILIATED NONPROFIT
 ORGANIZATION AND FOUNDATION AN AMOUNT EQUAL TO TEN PERCENT OF THE ANNUAL
 REVENUE RECEIVED BY EACH AFFILIATED NONPROFIT ORGANIZATION OR FOUNDATION
 IN THE PREVIOUS ACADEMIC YEAR. THE  FUNDS  COLLECTED  PURSUANT  TO  THIS
 SUBDIVISION SHALL BE UTILIZED TO FUND TUITION ASSISTANCE INITIATIVES FOR
 STUDENTS IN NEED ATTENDING THE CITY UNIVERSITY OF NEW YORK.
   2.  AS USED WITHIN THIS SUBDIVISION "AFFILIATED NONPROFIT ORGANIZATION
 OR FOUNDATION" MEANS AN ORGANIZATION  OR  FOUNDATION  FORMED  UNDER  THE
 NOT-FOR-PROFIT  CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENE-
 FIT OF OR CONTROLLED BY THE CITY UNIVERSITY OF NEW YORK OR  ITS  RESPEC-
 TIVE  UNIVERSITIES,  COLLEGES,  COMMUNITY COLLEGES, CAMPUSES OR SUBDIVI-
 SIONS, INCLUDING 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 FIFTY THOUSAND DOLLARS OR MORE ANNUALLY, INCLUDING
 ALUMNI ASSOCIATIONS. FOR THE PURPOSES OF  THIS  SUBDIVISION,  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.
 
                                  PART I

 S. 2006                            76                            A. 3006
 
   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] SUCH limited liability company upon a judgment recov-
 ered 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 contrib-
 ution pro rata from the other members liable  under  this  section  with
 respect 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  percent-
 age  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.  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
 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-

 S. 2006                            77                            A. 3006
 
 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.
   §  3.  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. The criminal procedure law is amended by adding a new arti-
 cle 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 THE SUPERIOR COURT.
 § 722.00 PROBATION CASE PLANNING AND SERVICES.
   1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
 MENT WITH RESPECT TO ANY JUVENILE  RELEASED  ON  RECOGNIZANCE,  RELEASED
 UNDER SUPERVISION, OR POSTING BAIL FOLLOWING ARRAIGNMENT BY A YOUTH PART
 WITHIN  ITS  JURISDICTION.  THE  COURT  SHALL ORDER ANY SUCH JUVENILE TO
 REPORT WITHIN SEVEN  CALENDAR  DAYS  TO  THE  PROBATION  DEPARTMENT  FOR
 PURPOSES  OF ASSESSMENT.   THE JUVENILE MAY, AT HIS OR HER DISCRETION OR
 AT THE DISCRETION OF THEIR PARENT OR OTHER  PERSON  LEGALLY  RESPONSIBLE
 FOR  THE  CARE  OF  THE  JUVENILE,  BE ACCOMPANIED BY COUNSEL DURING THE
 ASSESSMENT.  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  INDIVID-
 UAL NEEDS.
   2.  ANY  JUVENILE  UNDERGOING  SERVICES  SHALL EXECUTE APPROPRIATE AND
 NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE  PROBATION
 DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE  PROVIDER  AND  RECEIVE
 PROGRESS REPORTS WITH  RESPECT  TO  SERVICES  OFFERED  AND/OR  DELIVERED
 INCLUDING,  BUT  NOT  LIMITED  TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST
 RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE  COMPLI-
 ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
   3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
 ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
 CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
 PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING
 ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
 SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
 ATTENDANCE,  WHERE  APPLICABLE.  FOLLOWING  THE  JUVENILE'S   SUCCESSFUL
 COMPLETION  OF  THE  CONDITIONS OF HIS OR HER CASE PLAN, THE COURT, WITH
 THE CONSENT OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT  OR  ANY
 COUNT THEREOF IN ACCORDANCE WITH 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.

 S. 2006                            78                            A. 3006
 
   5.  THE  PROBATION SERVICE SHALL NOT TRANSMIT OR OTHERWISE COMMUNICATE
 TO THE DISTRICT ATTORNEY OR THE YOUTH PART ANY  STATEMENT  MADE  BY  THE
 JUVENILE OFFENDER TO A PROBATION OFFICER. HOWEVER, THE PROBATION SERVICE
 MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
 PLAN  TO  THE  YOUTH  PART AND PROVIDE SUCH INFORMATION AS IT SHALL DEEM
 RELEVANT.
   6. NO STATEMENT MADE TO THE PROBATION  SERVICE  DURING  THE  RISK  AND
 NEEDS  ASSESSMENT OR WHILE THE JUVENILE OFFENDER IS FOLLOWING HIS OR HER
 CASE PLAN MAY BE ADMITTED INTO EVIDENCE AT A FACT-  FINDING  HEARING  AT
 ANY TIME PRIOR TO A CONVICTION.
 § 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
 IN  A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL
 JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
 RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES  PRESID-
 ING  IN  THE  YOUTH  PART  SHALL  RECEIVE TRAINING IN SPECIALIZED AREAS,
 INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT  DEVELOPMENT
 AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
 CENTS.   THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF  ALL
 PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS,  EXCEPT  AS  PROVIDED  IN
 SECTION 180.75 OF THIS CHAPTER.
 § 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
   1.  WHEN  A  JUVENILE  OFFENDER  IS ARRAIGNED BEFORE A YOUTH PART, THE
 PROVISIONS OF THIS SECTION SHALL APPLY. IF THE  YOUTH  PART  IS  NOT  IN
 SESSION,  THE  DEFENDANT  SHALL  BE  BROUGHT  BEFORE THE MOST ACCESSIBLE
 MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT  TO
 ACT  AS  A  YOUTH PART FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER
 SUCH JUVENILE SHALL BE DETAINED. IF  THE  DEFENDANT  IS  ORDERED  TO  BE
 DETAINED,  HE  OR  SHE  SHALL  BE BROUGHT BEFORE THE NEXT SESSION OF THE
 YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED
 TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART.
   2. IF THE DEFENDANT WAIVES A HEARING UPON THE  FELONY  COMPLAINT,  THE
 COURT  MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE GRAND
 JURY WITH RESPECT TO THE CHARGE  OR  CHARGES  CONTAINED  IN  THE  FELONY
 COMPLAINT.
   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 A REASONABLE  CAUSE  TO  BELIEVE  THAT  THE  DEFENDANT
 COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN IS CRIMINALLY  RESPONSIBLE,  THE  COURT  MUST  ORDER  THAT  THE
 DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR
   (B)  IF  THERE  IS  NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
 COMMITTED A CRIME FOR WHICH A PERSON UNDER  THE  AGE  OF  SEVENTEEN,  OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN  IS  CRIMINALLY  RESPONSIBLE  BUT  THERE IS REASONABLE CAUSE TO
 BELIEVE THAT THE DEFENDANT IS A  "JUVENILE  DELINQUENT"  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT ACT, THE COURT MUST
 SPECIFY THE ACT OR ACTS IT FOUND REASONABLE CAUSE TO BELIEVE THE DEFEND-
 ANT  DID  AND  DIRECT  THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN
 ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED  TWENTY-FIVE  OF
 THIS TITLE; OR
   (C)  IF  THERE  IS  NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
 COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY  COMPLAINT
 AND  DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR
 IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL.

 S. 2006                            79                            A. 3006
 
   4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION, A YOUTH PART SHALL, (A) WITH THE CONSENT OF THE DISTRICT ATTOR-
 NEY,  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 THE PENAL LAW AND A JUVENILE OFFENDER ACCUSED OF COMMITTING A
 VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL  LAW  AT
 AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, AT AGE SIXTEEN
 OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT CRIMINALLY
 RESPONSIBLE,  TO  THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE
 SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, AFTER CONSIDERATION  OF  THE
 FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT DETER-
 MINES  THAT  TO  DO  SO  WOULD BE IN THE INTERESTS OF JUSTICE. PROVIDED,
 HOWEVER, THAT THE COURT SHALL FIND THAT  SUCH  REMOVAL  IS  NOT  IN  THE
 INTERESTS OF JUSTICE IF THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF
 THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE
 YOUTH'S USE OF A WEAPON, ARE PRESENT.
   (B)  AT  THE  REQUEST  OF  THE  DISTRICT ATTORNEY, ORDER REMOVAL OF AN
 ACTION AGAINST A JUVENILE OFFENDER, OTHER  THAN  AN  ACTION  SUBJECT  TO
 PARAGRAPH  (A)  OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE
 PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE  IF,  UPON
 CONSIDERATION  OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
 VISION, IT IS DETERMINED THAT TO DO SO WOULD  BE  IN  THE  INTERESTS  OF
 JUSTICE.  WHERE,  HOWEVER,  THE  FELONY  COMPLAINT  CHARGES THE JUVENILE
 OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN  SECTION
 125.25  OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDI-
 VISION 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; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE
 AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 OF  THE
 PENAL  LAW; PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE
 PENAL LAW WHERE THE UNDERLYING CRIME IS RAPE IN  THE  FIRST  DEGREE,  AS
 DEFINED  IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW OR CRIMI-
 NAL 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 PARA-
 GRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF  THIS  CHAPTER,  A
 DETERMINATION  THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN
 ADDITION, BE BASED UPON A FINDING  OF  ONE  OR  MORE  OF  THE  FOLLOWING
 FACTORS: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER
 IN  WHICH  THE CRIME WAS COMMITTED; (II) WHERE THE DEFENDANT WAS NOT THE
 SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S PARTICIPATION  WAS  RELA-
 TIVELY  MINOR  ALTHOUGH  NOT  SO MINOR AS TO CONSTITUTE A DEFENSE TO THE
 PROSECUTION; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE CRIME.
   (C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A)  OR  (B)  OF
 THIS  SUBDIVISION  THE  COURT  SHALL,  TO THE EXTENT APPLICABLE, EXAMINE
 INDIVIDUALLY AND COLLECTIVELY, THE FOLLOWING:
   (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;
   (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
   (III) THE EVIDENCE OF GUILT, WHETHER  ADMISSIBLE  OR  INADMISSIBLE  AT
 TRIAL;
   (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT;
   (V)  THE  PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE
 AUTHORIZED FOR THE OFFENSE;
   (VI) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY  COURT  ON  THE
 SAFETY OR WELFARE OF THE COMMUNITY;
   (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE
 CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM;

 S. 2006                            80                            A. 3006
 
   (VIII)  WHERE  THE  COURT  DEEMS  IT  APPROPRIATE, THE ATTITUDE OF THE
 COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
   (IX)  ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
 IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
   (D) FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER  TO  REMOVE  THE
 CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS
 NOT  LEGALLY  PRIVILEGED  MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES,
 HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM  OR  HER  IN  ANY
 FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE
 PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
   (E)  THIS  SECTION  SHALL  NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
 GRAND JURY.
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO, THREE,  OR  FOUR
 OF  THIS SECTION, IF A CURRENTLY UNDETERMINED FELONY COMPLAINT AGAINST A
 JUVENILE OFFENDER IS PENDING IN THE YOUTH PART, AND  THE  DEFENDANT  HAS
 NOT  WAIVED  A HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND A
 HEARING PURSUANT TO SUBDIVISION THREE HAS NOT COMMENCED,  THE  DEFENDANT
 MAY  MOVE  IN  THE YOUTH PART, 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 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  IN SUCH PARAGRAPH, AND IN SUCH EVENT THE PROVISIONS OF PARA-
 GRAPH (A) OF SUCH PARAGRAPH SHALL APPLY.
   § 2. The opening paragraph and subdivisions 2 and 3 of section  725.05
 of  the  criminal  procedure law, as added by chapter 481 of the laws of
 1978, are amended to read as follows:
   When a [court] YOUTH PART directs that an action or charge  is  to  be
 removed  to  the family court the [court] YOUTH PART must issue an order
 of removal in accordance with this section.    Such  order  must  be  as
 follows:
   2.    Where  the  direction is authorized pursuant to paragraph (b) of
 subdivision  [three]  TWO   of   section   [180.75]   725.20   of   this
 [chapter]ARTICLE,  it  must  specify the act or acts it found reasonable
 cause to believe the defendant did.
   3.  Where the direction is authorized pursuant to  subdivision  [four]
 THREE of section [180.75] 722.20 of this [chapter] TITLE, it must speci-
 fy the act or acts it found reasonable cause to allege.
   § 3. Section 725.20 of the criminal procedure law, as added by chapter
 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] THREE of  section  [180.75]  722.20  OF
 THIS  TITLE,  [or  section  210.43,]  or subparagraph (iii) of paragraph
 [(h)] (G) of subdivision five of section  220.10  of  this  chapter,  or
 section 330.25 of this chapter.
   2.  When such an action is removed the court that directed the removal
 must  cause  the following additional records to be filed with the clerk
 of the county court or in the city of New York with  the  clerk  of  the
 supreme  court of the county wherein the action was pending and with the
 division of criminal justice services:

 S. 2006                            81                            A. 3006
 
   (a) A certified copy of the order of removal;
   (b)  [Where  the  direction  is  one authorized by subdivision four of
 section 180.75 of this chapter, a copy of the statement of the  district
 attorney  made  pursuant  to paragraph (b) of subdivision six of section
 180.75 of this chapter;
   (c)  Where the direction is authorized by section 180.75,  a  copy  of
 the  portion of the minutes containing the statement by the court pursu-
 ant to paragraph (a) of subdivision six of such section 180.75;
   (d)] Where the direction is one authorized by  subparagraph  (iii)  of
 paragraph  [(h)]  (G)  of  subdivision five of section 220.10 or section
 330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
 including the minutes of the memorandum submitted by the district attor-
 ney and the court;
   [(e)    Where  the  direction  is one authorized by subdivision one of
 section 210.43 of this chapter, a copy of that portion  of  the  minutes
 containing  the  statement  by  the  court  pursuant to paragraph (a) of
 subdivision five of section 210.43;
   (f)  Where the direction is one authorized by paragraph (b) of  subdi-
 vision  one of section 210.43 of this chapter, a copy of that portion of
 the minutes containing the  statement  of  the  district  attorney  made
 pursuant to paragraph (b) of subdivision five of section 210.43;] and
   [(g)]  (C)  In  addition to the records specified in this subdivision,
 such further statement or submission of additional information  pertain-
 ing  to  the  proceeding  in criminal court in accordance with standards
 established by the commissioner of  the  division  of  criminal  justice
 services,  subject  to  the  provisions  of  subdivision  three  of this
 section.
   3.  It shall be the duty of said clerk to maintain a separate file for
 copies of orders and minutes filed pursuant to  this  section.      Upon
 receipt  of  such orders and minutes the clerk must promptly delete such
 portions as would identify the defendant, but the clerk shall  neverthe-
 less  maintain  a  separate confidential system to enable correlation of
 the documents so filed with identification  of  the  defendant.    After
 making  such deletions the orders and minutes shall be placed within the
 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.
   §  4. 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
   § 5. The first undesignated paragraph of section 100.05 of the  crimi-
 nal procedure 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, OTHER THAN
 A CRIMINAL ACTION AGAINST A JUVENILE OFFENDER, is by the  filing  there-
 with  by a grand jury of an indictment against a defendant who has never
 been held by a local criminal court for the action of  such  grand  jury

 S. 2006                            82                            A. 3006
 
 with  respect  to any charge contained in such indictment.  Otherwise, a
 criminal action can be commenced only in a local criminal court, by  the
 filing  therewith of a local criminal court accusatory instrument, name-
 ly:
   §  6.  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.
   § 7. The section heading of section 100.40 of the  criminal  procedure
 law is amended to read as follows:
   Local  criminal  court AND YOUTH PART OF THE SUPERIOR COURT accusatory
 instruments; sufficiency on face.
   § 8. 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.
   §  9. The article heading of article 110 of the criminal procedure law
 is amended to read as follows:
                     REQUIRING DEFENDANT'S APPEARANCE
          IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                              FOR ARRAIGNMENT
   § 10. Section 110.10 of the criminal procedure law is amended to  read
 as follows:
 §  110.10  Methods of requiring defendant's appearance in local criminal
              court OR YOUTH PART OF THE SUPERIOR COURT for  arraignment;
              in general.
   1.  After  a  criminal  action  has been commenced in a local criminal
 court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
 instrument therewith, a defendant who has  not  been  arraigned  in  the
 action and has not come under the control of the court may under certain
 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

 S. 2006                            83                            A. 3006
 
   (b)  The issuance and service upon him of  an  appearance  ticket,  as
 provided in article one hundred fifty.
   §  11.  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, OR YOUTH PART OF THE SUPERIOR COURT other than the
 criminal court of the city of New York, a copy of the accusatory instru-
 ment  shall be promptly transmitted to the appropriate district attorney
 upon or prior to the arraignment of  the  defendant  on  the  accusatory
 instrument.    If a police officer or a peace officer is the complainant
 or the filer of a simplified information, or has arrested the  defendant
 or  brought  him  before  the  local criminal court OR YOUTH PART OF THE
 SUPERIOR COURT on behalf of an arresting person pursuant to  subdivision
 one  of  section  140.20,  such officer or his agency shall transmit the
 copy of the accusatory instrument to the appropriate district  attorney.
 In  all  other  cases,  the clerk of the court in which the defendant is
 arraigned shall so transmit it.
   § 12. 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:
   §  13. 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 THE
 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 OF THIS TITLE. If, however, a
 particular accusatory instrument may pursuant to said section 100.55  be
 filed  with a particular town court and such town court is not available
 at the time such  instrument  is  sought  to  be  filed  and  a  warrant
 obtained, such 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.
   §  14.  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.

 S. 2006                            84                            A. 3006
 
   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.
   § 15. 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.
   § 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure
 law,  subdivision  1  as  amended  by  chapter  492 of the laws of 2016,
 section 6 as amended by chapter 424 of the laws of 1998, are amended and
 a new subdivision 5-a is added 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
 OR YOUTH PART OF THE SUPERIOR 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 defend-
 ant's return, such police officer may bring the  defendant  before  such
 local criminal court OR YOUTH PART OF THE SUPERIOR COURT.
   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.

 S. 2006                            85                            A. 3006
 
   § 17. 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.
   § 18. 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.
   § 19. Paragraph (e) of subdivision 1 of section 140.20 of the criminal
 procedure  law  is  relettered  paragraph (f) and a new paragraph (e) is
 added to read as follows:
   (E) IF THE ARREST IS FOR A PERSON  UNDER  THE  AGE  OF  SEVENTEEN  OR,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   §  20.  Subdivision 6 of section 140.20 of the criminal procedure law,
 as added by chapter 411 of the laws of  1979,  is  amended  to  read  as
 follows:
   6.  Upon  arresting  a juvenile offender without a warrant, the police
 officer shall immediately notify the  parent  or  other  person  legally
 responsible  for  his  OR  HER care or the person with whom he OR SHE is
 domiciled, that  the  juvenile  offender  has  been  arrested,  and  the
 location of the facility where he OR SHE is being detained. IF THE OFFI-
 CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
 CHILD  UNDER  EIGHTEEN  YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
 JUVENILE OFFENDER AS DEFINED IN SECTION 30.00  OF  THE  PENAL  LAW,  THE
 OFFICER  MUST  TAKE  THE  JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
 ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTIONING  OF
 CHILDREN  OR,  UPON  THE  CONSENT  OF  A  PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO  THE  JUVENILE'S  RESIDENCE
 AND  THERE  QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
 NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS  THE  JUVE-

 S. 2006                            86                            A. 3006
 
 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.
   §  21.  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.
   § 22. Section 140.27 of the  criminal  procedure  law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A.  IF  THE  ARREST  IS  FOR A PERSON UNDER THE AGE OF SEVENTEEN OR,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   § 23. Subdivision 5 of section 140.27 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:
   5.  Upon arresting a juvenile offender without a  warrant,  the  peace
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his care or the person with whom he OR SHE is domiciled,
 that the juvenile offender has been arrested, and the  location  of  the
 facility  where  he OR SHE is being detained.  IF THE OFFICER DETERMINES
 THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR  A  CHILD  UNDER
 EIGHTEEN  YEARS  OF  AGE  WHO  FITS  WITHIN THE DEFINITION OF A JUVENILE
 OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE  OFFICER  MUST
 TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
 THE  COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON
 THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
 OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION  HIM  OR
 HER  FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE QUESTIONED

 S. 2006                            87                            A. 3006

 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.
   §  24.  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.
   §  25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the criminal
 procedure law are REPEALED.
   § 26. Subdivision 1 of section 180.75 of the criminal  procedure  law,
 as  added  by  chapter  481  of  the laws of 1978, is amended to read as
 follows:
   1. When a juvenile offender is  arraigned  before  [a  local  criminal
 court]  THE  YOUTH  PART  OF  A  SUPERIOR COURT, the provisions of [this
 section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in
 lieu of the provisions of sections 180.30, 180.50  and  180.70  of  this
 article.

 S. 2006                            88                            A. 3006
 
   §  27.  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
 hearing  thereon, the [local criminal] court must release him on his own
 recognizance unless:
   § 28. 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 and subdivision (b) as added by chapter 481 of the  laws  of  1978,
 are amended to read as follows:
   (a)  Except  as  provided in subdivision six of section 200.20 of this
 chapter, a grand jury may not indict (i) a person thirteen years of  age
 for any conduct or crime other than conduct constituting a crime defined
 in  subdivisions  one  and  two  of section 125.25 (murder in the second
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
 [or], fifteen, SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 SEVENTEEN  years  of  age  for  any  conduct or crime other than conduct
 constituting a crime defined in subdivisions  one  and  two  of  section
 125.25  (murder  in  the second degree) and in subdivision three of such
 section provided that the underlying crime for the murder charge is  one
 for  which  such person is criminally responsible; 135.25 (kidnapping in
 the first degree); 150.20 (arson in the first degree); subdivisions  one
 and  two  of  section  120.10  (assault  in  the  first  degree); 125.20
 (manslaughter in the first degree); subdivisions one and two of  section
 130.35  (rape  in the first degree); subdivisions one and two of section
 130.50 (criminal sexual act in the  first  degree);  130.70  (aggravated
 sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first
 degree); subdivision one of  section  140.25  (burglary  in  the  second
 degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
 first degree); subdivision two of section 160.10 (robbery in the  second
 degree)  of  the  penal  law;  subdivision four of section 265.02 of the
 penal law, where such firearm is possessed on school  grounds,  as  that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law;  or section 265.03 of the penal law, where such machine gun or such
 firearm is possessed on school grounds, as that  phrase  is  defined  in
 subdivision  fourteen  of section 220.00 of the penal law; or defined in
 the penal law as an attempt to commit murder in  the  second  degree  or
 kidnapping  in the first degree, or such conduct as a sexually motivated
 felony, where authorized pursuant to section 130.91 of  the  penal  law;
 (III) A PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 SEVENTEEN  YEARS  OF  AGE  FOR  ANY  CONDUCT OR CRIME OTHER THAN CONDUCT
 CONSTITUTING AN OFFENSE SET FORTH IN THE  VEHICLE  AND  TRAFFIC  LAW;  A
 VIOLENT  FELONY  DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT
 IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
 REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE  DEFENDANT  BE  EIGHTEEN
 YEARS  OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE
 PENAL LAW: SECTION 120.03 (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE);
 120.04  (VEHICULAR  ASSAULT  IN  THE FIRST DEGREE); 120.04-A (AGGRAVATED

 S. 2006                            89                            A. 3006
 
 VEHICULAR  ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE);  125.11
 (AGGRAVATED    CRIMINALLY   NEGLIGENT   HOMICIDE);   125.12   (VEHICULAR
 MANSLAUGHTER IN THE SECOND DEGREE); 125.13  (VEHICULAR  MANSLAUGHTER  IN
 THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15
 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN  THE  FIRST
 DEGREE);  125.21  (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22
 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL
 ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT  AGAINST  A
 CHILD  IN  THE  FIRST  DEGREE);  215.11 (TAMPERING WITH A WITNESS IN THE
 THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE  PERSON
 IS  TAMPERING  IS  ONE  FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE;
 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE
 CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS  ONE  FOR  WHICH
 SUCH  PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS
 IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE;  SUBDIVISION  ONE OF SECTION 215.52 (AGGRAVATED CRIMINAL CONTEMPT);
 130.95 (PREDATORY SEXUAL ASSAULT);  220.18  (CRIMINAL  POSSESSION  OF  A
 CONTROLLED  SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION
 OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF
 A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A
 CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A  MAJOR
 TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL
 POSSESSION  OF  A  CHEMICAL  WEAPON  OR A BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A
 BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS  CONSTITUTING  A  SPECIFIED
 OFFENSE  DEFINED  IN  SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW
 WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC-
 IFIED OFFENSE DEFINED IN SUBDIVISION THREE  OF  SECTION  490.05  OF  THE
 PENAL  LAW  WHEN  COMMITTED  AS AN ACT OF TERRORISM; ACTS CONSTITUTING A
 FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS
 CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10  AND
 SECTION  105.15  OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR
 THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
 SIBLE.
   (b) A grand jury may vote to file a request to remove a charge to  the
 family  court  if it finds that a person [thirteen, fourteen or fifteen]
 SIXTEEN, OR COMMENCING JANUARY FIRST,  TWO  THOUSAND  TWENTY,  SEVENTEEN
 years  of  age OR YOUNGER did an act which, if done by a person over the
 age of sixteen, OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, SEVEN-
 TEEN,  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.
   § 29. Subdivision 6 of section 200.20 of the criminal  procedure  law,
 as  added  by  chapter  136  of  the laws of 1980, is amended to read as
 follows:
   6. Where an indictment charges at least one offense against a  defend-
 ant  who was under the age of [sixteen] SEVENTEEN, OR COMMENCING JANUARY
 FIRST, TWO THOUSAND TWENTY, 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:

 S. 2006                            90                            A. 3006
 
   (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.
   §  30.  The  opening  paragraph  of subdivision 1 and subdivision 5 of
 section 210.43 of the criminal procedure law, as added by chapter 411 of
 the laws of 1979, are amended to read as follows:
   After [a motion by a juvenile offender, pursuant to  subdivision  five
 of  section  180.75 of this chapter, or after] arraignment of a juvenile
 offender upon an indictment, the superior court may, on  motion  of  any
 party or on its own motion:
   [5.  a.  If the court orders removal of the action to family court, it
 shall state on the record the factor or factors upon which its  determi-
 nation  is  based,  and, the court shall give its reasons for removal in
 detail and not in conclusory terms.
   b.  The district attorney shall state upon the record the reasons  for
 his  consent  to removal of the action to the family court.  The reasons
 shall be stated in detail and not in conclusory terms.]
   § 31. Subparagraphs (i) and (iii) of paragraph (g) of subdivision 5 of
 section 220.10 of  the  criminal  procedure  law,  subparagraph  (i)  as
 amended  by  chapter  410  of the laws of 1979 and subparagraph (iii) as
 amended by chapter 264 of the laws of  2003,  are  amended  to  read  as
 follows:
   (i)  If  the  indictment  charges  a  person fourteen [or], fifteen OR
 SIXTEEN, OR COMMENCING JANUARY FIRST,  TWO  THOUSAND  TWENTY,  SEVENTEEN
 years  old  with  the  crime  of murder in the second degree any plea of
 guilty entered pursuant to subdivision three or four must be a  plea  of
 guilty of a crime for which the defendant is criminally responsible;
   (iii)  Where  the  indictment  does  not  charge  a crime specified in
 subparagraph (i) of this paragraph, the district attorney may  recommend
 removal  of the action to the family court. Upon making such recommenda-
 tion the district attorney shall submit a subscribed memorandum  setting
 forth:  (1) a recommendation that the interests of justice would best be
 served by removal of the action to the family  court;  and  (2)  if  the
 indictment  charges  a thirteen year old with the crime of murder in the
 second degree, or a fourteen [or],  fifteen  OR  SIXTEEN  YEAR  OLD,  OR
 COMMENCING  JANUARY  FIRST  TWO THOUSAND TWENTY, SEVENTEEN year old with
 the crimes of rape in the first degree as defined in subdivision one  of
 section  130.35  of  the  penal law, or criminal sexual act in the first
 degree as defined in subdivision one of section 130.50 of the penal law,
 or an armed felony as defined in paragraph (a) of subdivision  forty-one
 of  section  1.20 of this chapter specific factors, one or more of which
 reasonably supports the recommendation, showing, (i) mitigating  circum-
 stances  that  bear  directly  upon  the  manner  in which the crime was
 committed, or (ii) where the defendant was not the sole  participant  in
 the  crime,  that  the  defendant's  participation  was relatively minor
 although not so minor as to constitute a defense to the prosecution,  or
 (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
 juvenile offender has no previous adjudications of  having  committed  a
 designated  felony act, as defined in subdivision eight of section 301.2
 of the family court act, regardless of the age of the  offender  at  the

 S. 2006                            91                            A. 3006

 time  of  commission of the act, that the criminal act was not part of a
 pattern of criminal behavior and, in view of the history of  the  offen-
 der, is not likely to be repeated.
   §  32.  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 SUBDIVISION,  bring  the
 defendant to the local correctional facility of the county in which such
 court  sits,  to be detained there until not later than the commencement
 of the next session of such court occurring on the next business day; or
 if the court in which the warrant is  returnable  is  a  local  criminal
 court,  and such court is not available, and the warrant is addressed to
 a police officer or appropriate probation officer certified as  a  peace
 officer, such executing officer must without unnecessary delay bring the
 defendant  before  an  alternate  local  criminal  court, as provided in
 subdivision five of section 120.90 of this chapter. A court which issues
 such a warrant may attach  thereto  a  summary  of  the  basis  for  the
 warrant.  In  any  case  where  a defendant arrested upon the warrant is
 brought before a local criminal court other than the court in which  the
 warrant  is  returnable,  such  local criminal court shall consider such
 summary before issuing a securing order with respect to the defendant.
   (B) IF THE COURT IN WHICH THE WARRANT  IS  RETURNABLE  IS  A  SUPERIOR
 COURT,  AND SUCH COURT IS NOT AVAILABLE, AND THE WARRANT IS ADDRESSED TO
 A POLICE OFFICER OR APPROPRIATE PROBATION OFFICER CERTIFIED AS  A  PEACE
 OFFICER,  SUCH  EXECUTING  OFFICER  SHALL,  WHERE A DEFENDANT IS SIXTEEN
 YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR A  VIOLATION
 OF  HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR AN OFFENSE
 ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, OR WHERE  A  DEFENDANT
 IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR
 A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR
 AN  OFFENSE  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY, BRING THE
 DEFENDANT TO A JUVENILE DETENTION FACILITY, TO BE DETAINED  THERE  UNTIL
 NOT LATER THAN THE COMMENCEMENT OF THE NEXT SESSION OF SUCH COURT OCCUR-
 RING ON THE NEXT BUSINESS DAY.
   §  33.  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

 S. 2006                            92                            A. 3006
 
 has  not  been  taken  into  custody  nor  has a warrant been issued, an
 initial court appearance shall occur within ten  business  days  of  the
 court's  issuance  of  a  notice  to appear. If the court has reasonable
 cause  to  believe  that  such  person  has  violated a condition of the
 sentence, it may commit him OR HER to the custody of the sheriff or  fix
 bail  or  release  such person on his OR HER own recognizance for future
 appearance at a hearing to be held in accordance with section 410.70  of
 this  article.  If  the  court does not have reasonable cause to believe
 that such person has violated a  condition  of  the  sentence,  it  must
 direct that he OR SHE be released.
   (B)  A  JUVENILE  OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
 SECTION 410.40 OR 410.50 OF THIS ARTICLE FOR VIOLATION OF A CONDITION OF
 A SENTENCE OF PROBATION OR A  SENTENCE  OF  CONDITIONAL  DISCHARGE  MUST
 FORTHWITH  BE BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE.  WHERE
 A VIOLATION OF PROBATION PETITION AND REPORT  HAS  BEEN  FILED  AND  THE
 PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT BEEN ISSUED, AN
 INITIAL  COURT  APPEARANCE  SHALL  OCCUR WITHIN TEN BUSINESS DAYS OF THE
 COURT'S ISSUANCE OF A NOTICE TO APPEAR.  IF  THE  COURT  HAS  REASONABLE
 CAUSE  TO  BELIEVE  THAT  SUCH  PERSON  HAS  VIOLATED A CONDITION OF THE
 SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR  FIX
 BAIL  OR  RELEASE  SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE
 APPEARANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70  OF
 THIS  ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE A JUVE-
 NILE 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 JUVE-
 NILE IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A  VIOLENT  FELONY
 AS  DEFINED  IN  SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN ADULT
 AND THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED  WITHOUT  SUCCESS.
 IF  THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON
 HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT THE  JUVE-
 NILE BE RELEASED.
   §  34.  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.

 S. 2006                            93                            A. 3006

   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING IN THIS
 SECTION SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE 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 IMMI-
 NENT  THREAT  TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON
 THE RECORD OR (II) THE JUVENILE IS ON PROBATION FOR AN  ACT  THAT  WOULD
 CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW
 IF  COMMITTED  BY  AN  ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN
 EXHAUSTED WITHOUT SUCCESS.
   § 35. 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.
   § 36. 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] SEVENTEEN OR EIGHTEEN.
   1. When a principal who is (A)  under  the  age  of  sixteen;  OR  (B)
 COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN A PRINCIPAL WHO IS UNDER
 THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST,
 TWO  THOUSAND  NINETEEN;  OR  (C) COMMENCING JANUARY FIRST, TWO THOUSAND
 TWENTY, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN  WHO  COMMITTED  AN
 OFFENSE  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, 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  juvenile  detention
 facility  for the reception of children.  Where such a direction is made
 the sheriff shall deliver the principal in accordance therewith and such
 person shall although lodged and  cared  for  in  a  juvenile  detention
 facility  continue to be deemed to be in the custody of the sheriff.  No
 principal under the age [of sixteen] SPECIFIED to whom the provisions of
 this section may apply shall be detained in any prison, jail, lockup, or
 other place used for adults convicted of a crime  or  under  arrest  and
 charged  with  the  commission  of  a  crime 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  princi-
 pal, 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.
   § 37. 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  OR SHE was at least sixteen years old and less than
 [nineteen] TWENTY-ONE years old or a person charged with being  a  juve-

 S. 2006                            94                            A. 3006
 
 nile  offender  as  defined  in subdivision forty-two of section 1.20 of
 this chapter.
   § 38. 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]  SEVENTEEN  years  old,  OR,
 COMMENCING  JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON LESS THAN EIGH-
 TEEN YEARS OLD is not criminally responsible for conduct.
   2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF  AGE
 OR,  COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, A PERSON SEVENTEEN
 years of age is criminally responsible for acts constituting  murder  in
 the  second  degree  as  defined  in subdivisions one and two of section
 125.25 and in subdivision three of such section provided that the under-
 lying crime for the murder charge is one for which such person is crimi-
 nally responsible or for such conduct as a  sexually  motivated  felony,
 where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
 CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN  YEARS  OF  AGE
 OR,  COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, 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);  subdivi-
 sions one and two of section 130.35 (rape in the first degree); subdivi-
 sions  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, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS  CONSTITUTING  AN
 OFFENSE  SET  FORTH  IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUTING A
 VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUT-
 ING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS  A  CLASS  A  FELONY
 EXCEPTING  THOSE  CLASS  A  FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE
 OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS  OF  AGE  OR  OLDER;  ACTS
 CONSTITUTING  THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN
 THE SECOND DEGREE); 120.04 (VEHICULAR  ASSAULT  IN  THE  FIRST  DEGREE);
 120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
 HOMICIDE); 125.11 (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12
 (VEHICULAR   MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13  (VEHICULAR
 MANSLAUGHTER  IN  THE  FIRST  DEGREE);  125.14   (AGGRAVATED   VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED  MANSLAUGHTER  IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST  DEGREE);  130.75
 (COURSE  OF  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11
 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE  CRIMI-

 S. 2006                            95                            A. 3006
 
 NAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH
 PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH  A  WITNESS  IN
 THE  SECOND  DEGREE)  PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52  (AGGRAVATED  CRIMINAL  CONTEMPT);  ACTS CONSTITUTING A SPECIFIED
 OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION  130.91  OF  THIS  CHAPTER
 WHEN  COMMITTED AS A SEXUALLY MOTIVATED FELONY; 130.95 (PREDATORY SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS
 AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN  ARTICLE  490
 OF  THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION
 ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED  THAT  THE  UNDERLYING
 CRIME  FOR  THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMI-
 NALLY RESPONSIBLE.
   4. In any prosecution for an offense, lack of criminal  responsibility
 by reason of infancy, as defined in this section, is a defense.
   §  39.  Subdivision 2 of section 60.02 of the penal law, as amended by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted  for  a conviction for any felony, AND THE
 PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER,  the  court  must  impose  a
 sentence  authorized  to be imposed upon a person convicted of a class E
 felony provided, however, that (A) the court must not impose a  sentence
 of  [conditional  discharge  or] unconditional discharge if the youthful
 offender finding was substituted for a conviction of a felony defined in
 article two hundred twenty of  this  chapter;  AND  (B)  NOTWITHSTANDING
 PARAGRAPH  (E)  OF  SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A
 TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE  SENTENCE
 OF  ONE  YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST
 BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST  INCLUDE,
 AS  A  PART  THEREOF, A PERIOD OF POST RELEASE SUPERVISION IN ACCORDANCE
 WITH SUBDIVISION TWO-B OF SECTION 70.45 OF  THIS  TITLE.  IN  ANY  CASE,
 WHERE  A  COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A
 SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH  IMPRISONMENT  TERM
 SHALL  NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT
 TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH  (D)  OF
 SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.  IF THE SENTENCE IS TO
 BE  IMPOSED  UPON A YOUTHFUL OFFENDER FINDING WHICH HAS BEEN SUBSTITUTED
 FOR A CONVICTION OF ANY FELONY, AND THE PERSON  IS  NINETEEN  OR  TWENTY
 YEARS  OF  AGE,  THE  COURT  MUST  SENTENCE  SUCH PERSON PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE APPLICABLE TO A PERSON WHOSE  CONVICTION  WAS
 NOT SUBSTITUTED BY A YOUTHFUL OFFENDER FINDING OF THE SAME OFFENSE.
   § 40. Section 60.10 of the penal law, as amended by chapter 411 of the
 laws of 1979, is amended to read as follows:

 S. 2006                            96                            A. 3006
 
 § 60.10 Authorized disposition; juvenile offender.
   1.    WHEN A JUVENILE OFFENDER IS CONVICTED OF A CLASS A FELONY, OTHER
 THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON  IN
 THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST
 DEGREE  AS  DEFINED  BY  SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL
 SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT  TO  THE  PROVISIONS  OF
 SECTION  70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI-
 CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the
 court shall sentence the defendant to imprisonment  in  accordance  with
 section  70.05  OF  THIS  CHAPTER or sentence [him] THE DEFENDANT upon a
 youthful offender finding in  accordance  with  section  60.02  of  this
 [chapter] ARTICLE.
   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, 70.70, 70.71, 70.80, OR 485.10 OF  THIS
 CHAPTER,  when  sentencing a person who commits a felony after [he] SUCH
 PERSON has reached the age of [sixteen] SEVENTEEN AS OF  JANUARY  FIRST,
 TWO  THOUSAND  NINETEEN,  AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND
 TWENTY.
   § 40-a. Subdivision 5 of section 70.00 of the penal law, as amended by
 chapter 482 of the laws of 2009, is amended to read as follows:
   5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
 provision  of  law,  a  defendant sentenced to life imprisonment without
 parole shall not  be  or  become  eligible  for  parole  or  conditional
 release.  For  purposes of commitment and custody, other than parole and
 conditional release, such sentence shall be deemed to be  an  indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole  upon  conviction  for the crime of murder in the first degree as
 defined in section 125.27 of this chapter and  in  accordance  with  the
 procedures  provided  by  law  for imposing a sentence for such crime. A
 defendant WHO WAS EIGHTEEN YEARS OF AGE OR OLDER  AT  THE  TIME  OF  THE
 COMMISSION  OF  THE CRIME must be sentenced to life imprisonment without
 parole upon conviction for the crime of terrorism as defined in  section
 490.25  of  this  chapter,  where  the  specified  offense the defendant
 committed is a class A-I felony; the crime of criminal possession  of  a
 chemical  weapon  or biological weapon in the first degree as defined in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal weapon or biological weapon  in  the  first  degree  as  defined  in
 section  490.55 of this chapter; provided, however, that nothing in this
 subdivision shall preclude or prevent  a  sentence  of  death  when  the
 defendant  is  also convicted of the crime of murder in the first degree
 as defined in section 125.27 of this  chapter.    A  DEFENDANT  WHO  WAS
 SEVENTEEN  YEARS  OF AGE OR YOUNGER AT THE TIME OF THE COMMISSION OF THE
 CRIME MAY BE SENTENCED TO LIFE IMPRISONMENT UPON CONVICTION FOR A  CRIME
 OF  TERRORISM  AS  DEFINED  IN SECTION 490.25 OF THIS CHAPTER, WHERE THE
 SPECIFIED  OFFENSE  IS  A  CLASS  A-I  FELONY;  THE  CRIME  OF  CRIMINAL
 POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE
 AS  DEFINED  IN SECTION 490.45 OF THIS CHAPTER; OR THE CRIME OF CRIMINAL
 USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN  THE  FIRST  DEGREE  AS
 DEFINED IN SECTION 490.55 OF THIS CHAPTER. A defendant must be sentenced

 S. 2006                            97                            A. 3006
 
 to  life  imprisonment  without  parole upon conviction for the crime of
 murder in the second degree as defined in subdivision  five  of  section
 125.25  of this chapter or for the crime of aggravated murder as defined
 in subdivision one of section 125.26 of this chapter. A defendant may be
 sentenced  to  life  imprisonment without parole upon conviction for the
 crime of aggravated murder as defined  in  subdivision  two  of  section
 125.26 of this chapter.
   §  41.  Section 70.05 of the penal law, as added by chapter 481 of the
 laws of 1978, subdivision 1 as amended by chapter 615  of  the  laws  of
 1984,  paragraph  (e)  of  subdivision  2  as added and paragraph (c) of
 subdivision 3 as amended by chapter 435 of the laws of  1998,  paragraph
 (a)  of  subdivision 3 as amended by chapter 174 of the laws of 2003, is
 amended to read as follows:
 § 70.05 Sentence of imprisonment for juvenile offender.
   1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a
 JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE
 SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS
 DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE  AS  DEFINED
 BY  SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSU-
 ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF
 THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT  FOR  THE  CLASS
 A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen-
 der shall be an indeterminate sentence. When such a sentence is imposed,
 the  court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maxi-
 mum term in accordance with the provisions of subdivision  two  of  this
 section  [and the minimum period of imprisonment shall be as provided in
 subdivision three  of  this  section].  EXCEPT  AS  PROVIDED  HEREIN,  A
 SENTENCE  OF  IMPRISONMENT  FOR ANY OTHER FELONY COMMITTED BY A JUVENILE
 OFFENDER SHALL BE A  DETERMINATE  SENTENCE.  WHEN  SUCH  A  SENTENCE  IS
 IMPOSED,  THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF
 YEARS IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION  THREE  OF  THIS
 SECTION  AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE.    The
 court  shall  further  provide  that  where a juvenile offender is under
 placement pursuant to  article  three  of  the  family  court  act,  any
 sentence  imposed pursuant to this section which is to be served consec-
 utively with such placement shall be served  in  a  facility  designated
 pursuant  to  subdivision four of section 70.20 of this article prior to
 service of the placement in any previously designated facility.
   2. [Maximum term of] INDETERMINATE sentence. [The maximum term  of  an
 indeterminate  sentence  for a juvenile offender shall be at least three
 years and the term shall be fixed as follows:
   (a)] For the class A felony of murder in the second degree, the  MAXI-
 MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI-
 SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:
   (A)  WHERE  THE  DEFENDANT  WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH
 OFFENSE, OR WAS FOURTEEN OR FIFTEEN AT THE TIME OF SUCH OFFENSE AND  THE
 SENTENCE  IS  FOR  AN  OFFENSE SPECIFIED IN SUBDIVISION THREE OF SECTION
 125.25 OF THIS CHAPTER, THE MINIMUM PERIOD OF IMPRISONMENT SHALL  BE  AT
 LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS;
   (B) EXCEPT AS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE
 DEFENDANT  WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS
 OLD, AND, COMMENCING JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  WHERE  THE
 DEFENDANT  WAS  AT LEAST FOURTEEN YEARS OLD BUT LESS THAN EIGHTEEN YEARS
 OLD AT THE TIME OF SUCH OFFENSE,  THE  MINIMUM  PERIOD  OF  IMPRISONMENT

 S. 2006                            98                            A. 3006
 
 SHALL  BE AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT EXCEED FIFTEEN
 YEARS.
   [(b)]  3. DETERMINATE SENTENCE. (A) For the class A felony of arson in
 the first degree, or for the class A felony of kidnapping in  the  first
 degree the DETERMINATE term shall be fixed by the court, and shall be at
 least [twelve] FOUR years but shall not exceed fifteen years;
   [(c)] (B)(I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH,  for a class B felony, the DETERMINATE term shall be fixed by the
 court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed  [ten]  SEVEN
 years;
   (II)  FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
 ARTICLE, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANU-
 ARY FIRST, TWO THOUSAND TWENTY,  WHERE  THE  DEFENDANT  WAS  SIXTEEN  OR
 SEVENTEEN  YEARS  OLD  AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM
 SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST FIVE YEARS BUT  SHALL
 NOT EXCEED TWENTY YEARS; PROVIDED, HOWEVER, THAT WHERE THE COURT, HAVING
 REGARD  TO  THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY
 AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDU-
 LY HARSH TO IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN FIVE YEARS AND
 NO MORE THAN TWENTY-FIVE YEARS,  THE  COURT  MAY  IMPOSE  A  DETERMINATE
 SENTENCE OF NO LESS THAN ONE YEAR AND NO MORE THAN SEVEN YEARS;
   (III) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
 ARTICLE,  WHERE  THE  DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE
 TIME OF SUCH OFFENSE THE DETERMINATE TERM SHALL BE FIXED BY  THE  COURT,
 AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED SEVEN YEARS;
   [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by
 the  court,  and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven]
 FIVE years; and
   [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by
 the court, and shall BE AT LEAST ONE YEAR BUT SHALL  not  exceed  [four]
 THREE years; AND
   (E)  FOR  A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD,
 AND COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, WHERE  THE  DEFENDANT
 WAS  SIXTEEN  OR  SEVENTEEN  YEARS  OLD AT THE TIME OF SUCH OFFENSE, THE
 DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST  ONE
 YEAR BUT SHALL NOT EXCEED TWO YEARS.
   [3. Minimum period of imprisonment. The minimum period of imprisonment
 under  an indeterminate sentence for a juvenile offender shall be speci-
 fied in the sentence as follows:
   (a) For the class A felony of murder in the second degree, the minimum
 period of imprisonment shall be fixed by the court and shall be not less
 than five years but shall not exceed nine years provided, however,  that
 where the sentence is for an offense specified in subdivision one or two
 of  section  125.25  of  this  chapter and the defendant was fourteen or
 fifteen years old at the time of such offense,  the  minimum  period  of
 imprisonment  shall  be not less than seven and one-half years but shall
 not exceed fifteen years;
   (b) For the class A felony of arson in the first degree,  or  for  the
 class  A felony of kidnapping in the first degree, the minimum period of
 imprisonment shall be fixed by the court and shall be not less than four
 years but shall not exceed six years; and
   (c) For a class B, C or D felony, the minimum period  of  imprisonment
 shall be fixed by the court at one-third of the maximum term imposed.]
   4.  A  SENTENCE  IMPOSED FOR A MISDEMEANOR OR VIOLATION COMMITTED BY A
 JUVENILE OFFENDER SHALL BE IN ACCORDANCE  WITH  SECTION  70.15  OF  THIS
 CHAPTER.

 S. 2006                            99                            A. 3006
 
   §  42.  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.]
   §  43.  Subdivision 2 of section 70.20 of the penal law, as amended by
 chapter 437 of the laws of 2013, is amended to read as follows:
   2. [(a)] Definite sentence. Except as provided in subdivision four  of
 this  section,  when a definite sentence of imprisonment is imposed, the
 court shall commit the defendant to the county or regional  correctional
 institution  for  the term of his sentence and until released in accord-
 ance with the law.
   [(b) The court in committing a defendant who is not yet eighteen years
 of age to the local correctional facility shall inquire  as  to  whether
 the  parents  or legal guardian of the defendant, if present, will grant
 to the minor the capacity to consent  to  routine  medical,  dental  and
 mental health services and treatment.
   (c) Nothing in this subdivision shall preclude a parent or legal guar-
 dian  of  an  inmate  who is not yet eighteen years of age from making a
 motion on notice to the local correction facility  pursuant  to  article
 twenty-two  of  the civil practice law and rules and section one hundred
 forty of the correction law, objecting to  routine  medical,  dental  or
 mental health services and treatment being provided to such inmate under
 the provisions of paragraph (b) of this subdivision.]

 S. 2006                            100                           A. 3006
 
   §  44.  Paragraph  (a)  of 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 and two new paragraphs (a-1) and (a-2) are
 added to read as follows:
   (a)  Notwithstanding  any  other  provision  of law to the contrary, a
 juvenile offender[,] or a juvenile offender who is adjudicated a  youth-
 ful  offender  [and],  WHO  IS  given  an  indeterminate  or  a definite
 sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC-
 ING, shall be committed to the custody of the commissioner of the office
 of children and family services who shall arrange for the confinement of
 such offender in [secure] facilities  of  the  office.  The  release  or
 transfer  of  such  offenders  from  the  office  of children and family
 services shall be governed by section five hundred eight of  the  execu-
 tive  law.  IF  THE  JUVENILE  OFFENDER IS CONVICTED OR, IF THE JUVENILE
 OFFENDER WHO IS ADJUDICATED A YOUTHFUL  OFFENDER  IS  CONVICTED  AND  IS
 TWENTY-ONE  YEARS  OF  AGE OR OLDER AT THE TIME OF SENTENCING, HE OR SHE
 SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION.
   (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
 PERSON  SIXTEEN  YEARS  OF  AGE  WHO  COMMITS  A VEHICLE AND TRAFFIC LAW
 OFFENSE THAT DOES NOT CONSTITUTE A JUVENILE OFFENDER OFFENSE ON OR AFTER
 JANUARY FIRST, TWO THOUSAND NINETEEN AND A PERSON SEVENTEEN YEARS OF AGE
 WHO COMMITS SUCH AN OFFENSE ON OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY  WHO  IS SENTENCED TO A TERM OF IMPRISONMENT WHO IS UNDER THE AGE
 OF TWENTY-ONE 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 CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF
 THE OFFICE.
   (A-2) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 COMMENCING  JANUARY  FIRST,  TWO THOUSAND TWENTY, A PERSON WHO IS IN THE
 CUSTODY OF, OR IS COMMITTED TO, THE DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION WHO IS UNDER THE AGE  OF  EIGHTEEN  SHALL,  WITHIN  THE
 DISCRETION  OF  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
 AND THE OFFICE OF CHILDREN AND FAMILY  SERVICES,  SUBJECT  TO  AVAILABLE
 CAPACITY, AND WHEN CONSISTENT WITH THE PERSON'S CIRCUMSTANCES, BE TRANS-
 FERRED  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  PLACEMENT FACILITY AND RELEASE OR
 TRANSFER OF SUCH OFFENDERS  FROM  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL  BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECU-
 TIVE LAW.
   § 44-a. Paragraph (f) of subdivision 1 of section 70.30 of  the  penal
 law, as added by chapter 481 of the laws of 1978 and relettered by chap-
 ter 3 of the laws of 1995, is amended to read as follows:
   (f)  [The aggregate maximum term of consecutive sentences imposed upon
 a juvenile offender for two or more crimes,  not  including  a  class  A
 felony, committed before he has reached the age of sixteen, shall, if it
 exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
 nate sentences imposed upon a juvenile offender include a  sentence  for
 the class A felony of arson in the first degree or for the class A felo-
 ny of kidnapping in the first degree, then the aggregate maximum term of
 such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
 fifteen years. Where the aggregate maximum term of two or  more  consec-
 utive  sentences is reduced by a calculation made pursuant to this para-
 graph, the aggregate minimum period of imprisonment, if it exceeds  one-
 half  of the aggregate maximum term as so reduced, shall be deemed to be

 S. 2006                            101                           A. 3006

 one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE
 TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON  A  JUVENILE
 OFFENDER  FOR  TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON
 WAS  IMPRISONED  UNDER  ANY  OF  SUCH  SENTENCES, OTHER THAN TWO OR MORE
 SENTENCES THAT INCLUDE A SENTENCE FOR A CLASS A FELONY,  OR  A  SENTENCE
 FOR  A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS TEN YEARS, BE DEEMED
 TO BE TEN YEARS, PROVIDED:
   (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE  DETERMINATE  AND  THE
 AGGREGATE  TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED
 TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND
   (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND  THE
 AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE
 DEEMED  TO  BE  SERVING  AN  INDETERMINATE SENTENCE, THE MAXIMUM TERM OF
 WHICH SHALL BE DEEMED TO BE TEN YEARS AND THE AGGREGATE  MINIMUM  PERIOD
 OF  WHICH,  IF  IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO BE FIVE YEARS;
 AND
   (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS  A  DETERMINATE
 SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
   (1)  IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR
 EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A
 DETERMINATE TERM OF TEN YEARS; AND
   (2) IF THE TERM OR AGGREGATE  TERM  OF  THE  DETERMINATE  SENTENCE  OR
 SENTENCES  IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED
 TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL
 BE DEEMED TO BE TEN YEARS, AND THE MINIMUM  PERIOD  OF  WHICH  SHALL  BE
 DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF
 THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER.
   (II)  THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON
 A JUVENILE OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO  THE  TIME
 THE  PERSON  WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, AT LEAST ONE OF
 WHICH IS THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS  DEFINED  BY
 SECTION  150.20  OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION
 135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE
 A SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY, SHALL,  IF  IT  EXCEEDS
 FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED:
   (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
 AGGREGATE TERM EXCEEDS FIFTEEN YEARS, THE  JUVENILE  OFFENDER  SHALL  BE
 DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND
   (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
 AGGREGATE MAXIMUM TERM EXCEEDS  FIFTEEN  YEARS,  THE  JUVENILE  OFFENDER
 SHALL  BE  DEEMED  TO  BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM
 TERM OF WHICH SHALL BE DEEMED TO BE  FIFTEEN  YEARS  AND  THE  AGGREGATE
 MINIMUM  PERIOD  OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF YEARS, SHALL
 BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND
   (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS  A  DETERMINATE
 SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
   (1)  IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR
 EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV-
 ING A DETERMINATE TERM OF FIFTEEN YEARS; AND
   (2) IF THE TERM OR AGGREGATE  TERM  OF  THE  DETERMINATE  SENTENCE  OR
 SENTENCES  IS  LESS  THAN  FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE
 DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
 WHICH  SHALL  BE  DEEMED  TO BE FIFTEEN YEARS, AND THE MINIMUM PERIOD OF
 WHICH SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS  OF
 THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR SENTENCES,
 WHICHEVER IS GREATER.

 S. 2006                            102                           A. 3006
 
   § 44-b. Section 70.45 of the penal law is  amended  by  adding  a  new
 subdivision 2-b to read as follows:
   2-B.  PERIODS  OF  POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND
 YOUTHFUL OFFENDERS. (A) THE PERIOD OF  POST-RELEASE  SUPERVISION  FOR  A
 DETERMINATE  SENTENCE  IMPOSED  UPON  A  YOUTHFUL OFFENDER OR A JUVENILE
 OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE  COURT  AT
 ONE YEAR.
   (B)  THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE
 IMPOSED UPON A JUVENILE OFFENDER NOT  ADJUDICATED  A  YOUTHFUL  OFFENDER
 MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
   (I)  SUCH  PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF
 IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY
 OFFENSE;
   (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR  NOR  MORE  THAN  TWO
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
 CONVICTION OF A CLASS C FELONY OFFENSE;
   (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN  THREE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
 CONVICTION OF A CLASS B FELONY OFFENSE;  PROVIDED,  HOWEVER,  THAT  SUCH
 PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FOUR YEARS WHENEVER
 A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A
 CLASS  B  VIOLENT  FELONY  OFFENSE  WHERE THE DEFENDANT WAS SIXTEEN, AND
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, SEVENTEEN  YEARS  OLD  AT
 THE TIME OF THE OFFENSE; AND
   (IV)  SUCH  PERIOD  SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE
 YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON  A
 CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS
 DEFINED  BY  SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED
 BY SECTION 135.25 OF THIS CHAPTER,  AND  A  FIVE-YEAR  PERIOD  SHALL  BE
 IMPOSED  PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI-
 NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR  ANY  OTHER  CLASS  A
 FELONY.
   §  45. Subdivision 18 of section 10.00 of the penal law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   18. "Juvenile offender" means (1) a person thirteen years old  who  is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law; and] THIS CHAPTER;
   (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING
 JANUARY FIRST, TWO THOUSAND TWENTY, SEVENTEEN years old who is criminal-
 ly 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  responsi-
 ble;  section  135.25 (kidnapping in the first degree); 150.20 (arson in
 the first degree); subdivisions one and two of section  120.10  (assault
 in  the first degree); 125.20 (manslaughter in the first degree); subdi-
 visions one and two of section 130.35 (rape in the first degree); subdi-
 visions one and two of section 130.50 (criminal sexual act in the  first
 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

 S. 2006                            103                           A. 3006
 
 school  grounds,  as  that  phrase is defined in subdivision fourteen of
 section 220.00 of this chapter; or defined in this chapter as an attempt
 to commit murder in the second degree or kidnapping in the first degree,
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law] THIS CHAPTER; AND
   (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND  TWEN-
 TY,  SEVENTEEN  YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
 TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI-
 TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS  CHAPTER;  ACTS
 CONSTITUTING  ANY  CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A
 FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT  OF
 THE  OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS
 CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT  IN
 THE  SECOND  DEGREE);  120.04  (VEHICULAR  ASSAULT IN THE FIRST DEGREE);
 120.04-A (AGGRAVATED VEHICULAR ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT
 HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY  NEGLIGENT HOMICIDE); 125.12
 (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13   (VEHICULAR
 MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
 (TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
 NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE  FOR  WHICH  SUCH
 PERSON  IS  CRIMINALLY  RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
 THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING  IN  WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  SECOND
 DEGREE);  220.43  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE); 220.77 (OPERATING AS A MAJOR  TRAFFICKER);  460.22  (AGGRAVATED
 ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
 OR  A  BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
 CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN  THE  SECOND  DEGREE);  490.55
 (CRIMINAL  USE  OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE  DEFINED  IN  SUBDIVISION
 TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI-
 VATED  FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVI-
 SION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF
 TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN  ARTICLE  FOUR  HUNDRED
 NINETY  OF  THIS  CHAPTER;  AND  ACTS  CONSTITUTING A CRIME SET FORTH IN
 SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED  THAT  THE
 UNDERLYING  CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON
 IS CRIMINALLY RESPONSIBLE.
   § 46. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42. "Juvenile offender" means (1) a person, thirteen years old who  is
 criminally responsible for acts constituting murder in the second degree
 as  defined  in  subdivisions one and two of section 125.25 of the penal
 law, or such conduct as a sexually motivated  felony,  where  authorized
 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
 [or],  fifteen  OR  SIXTEEN  YEARS OLD, OR COMMENCING JANUARY FIRST, TWO

 S. 2006                            104                           A. 3006
 
 THOUSAND TWENTY, 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 the penal law; or section 265.03 of the penal law, where such
 machine  gun  or  such  firearm  is possessed on school grounds, as that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law; or defined in the penal law as an attempt to commit murder  in  the
 second  degree  or  kidnapping in the first degree, or such conduct as a
 sexually motivated felony, where authorized pursuant to  section  130.91
 of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
 TWO  THOUSAND  TWENTY,  A  PERSON  SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
 CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
 VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN  SECTION  70.02  OF
 THE  PENAL  LAW;  ACTS  CONSTITUTING  ANY CRIME IN THE PENAL LAW THAT IS
 CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS  A  FELONIES  WHICH
 REQUIRE,  AS  AN  ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
 YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED  IN  SECTION
 120.03  (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE); 120.04 (VEHICULAR
 ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED  VEHICULAR  ASSAULT);
 125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.13  (VEHICULAR  MANSLAUGHTER  IN THE FIRST DEGREE); 125.14
 (AGGRAVATED VEHICULAR HOMICIDE);  125.15  (MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.20  (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED
 MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED  MANSLAUGHTER  IN
 THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE);
 130.75  (COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE);
 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT  THE
 CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
 SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A  WITNESS
 IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-

 S. 2006                            105                           A. 3006
 
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED  AS
 A  SEXUALLY  MOTIVATED  FELONY;  ACTS  CONSTITUTING  A SPECIFIED OFFENSE
 DEFINED  IN  SUBDIVISION  THREE  OF SECTION 490.05 OF THE PENAL LAW WHEN
 COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED  IN
 ARTICLE  FOUR  HUNDRED  NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A
 CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION  105.15
 OF  THE  PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY
 CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
   § 47. Subdivision 1 of section 500-a of the correction law is  amended
 by adding a new paragraph (h) to read as follows:
   (H)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW COMMENCING JANUARY
 FIRST, TWO THOUSAND NINETEEN, NO COUNTY  JAIL  SHALL  BE  USED  FOR  THE
 CONFINEMENT  OF  ANY  PERSON UNDER THE AGE OF SEVENTEEN WHO IS SENTENCED
 FOR AN OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO  THOUSAND  NINE-
 TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, NO COUNTY JAIL
 SHALL  BE  USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGH-
 TEEN WHO IS SENTENCED FOR AN  OFFENSE  COMMITTED  ON  OR  AFTER  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY.    PLACEMENT OF ANY PERSON WHO MAY NOT BE
 CONFINED TO A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL  BE  DETER-
 MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   §  48.  The  criminal procedure law is amended by adding a new section
 160.59 to read as follows:
 § 160.59 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 CRIME 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, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE  OF  THE
 PENAL  LAW  WHERE THE  UNDERLYING OFFENSE IS NOT AN ELIGIBLE OFFENSE, AN
 ATTEMPT TO COMMIT AN OFFENSE THAT IS NOT  AN  ELIGIBLE  OFFENSE  IF  THE
 ATTEMPT  IS  A  FELONY,  OR  AN  OFFENSE FOR WHICH REGISTRATION AS A SEX
 OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
   (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE  WHO  PRONOUNCED  SENTENCE
 UPON  THE  CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER
 SITTING IN A COURT IN THE  JURISDICTION  IN  WHICH  THE  CONVICTION  WAS
 OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
 JUDGMENT OF CONVICTION WAS ENTERED.
   2.  (A)  A  DEFENDANT  WHO  HAS  BEEN  CONVICTED OF UP TO TWO ELIGIBLE
 OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT  IN
 WHICH  HE  OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH
 CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH  THE  SAME  CLASSI-
 FICATION,  THE  APPLICATION  SHALL  BE  MADE  TO  THE COURT IN WHICH THE
 DEFENDANT WAS LAST CONVICTED.
   (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO-
 SITION OR OTHER SIMILAR DOCUMENTATION FOR  ANY  OFFENSE  FOR  WHICH  THE
 DEFENDANT  HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE
 OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT  OF  THE
 DEFENDANT  AS  TO  WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE,
 ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A  COPY
 OF  ANY  OTHER SUCH APPLICATION THAT HAS BEEN FILED; (IV) A SWORN STATE-
 MENT AS TO THE CONVICTION OR  CONVICTIONS  FOR  WHICH  RELIEF  IS  BEING

 S. 2006                            106                           A. 3006
 
 SOUGHT; AND (V) A SWORN STATEMENT OF THE REASON OR REASONS WHY THE COURT
 SHOULD, IN ITS DISCRETION, GRANT SUCH SEALING, ALONG WITH ANY SUPPORTING
 DOCUMENTATION.
   (C)  A  COPY  OF ANY APPLICATION FOR SUCH SEALING SHALL BE SERVED UPON
 THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION, OR, IF MORE
 THAN ONE, THE CONVICTIONS, WAS OR WERE OBTAINED.  THE DISTRICT  ATTORNEY
 SHALL  NOTIFY  THE  COURT WITHIN FORTY-FIVE DAYS IF HE OR SHE OBJECTS TO
 THE APPLICATION FOR SEALING.
   (D) WHEN SUCH APPLICATION  IS  FILED  WITH  THE  COURT,  IT  SHALL  BE
 ASSIGNED  TO  THE  SENTENCING  JUDGE UNLESS MORE THAN ONE APPLICATION IS
 FILED IN WHICH CASE THE APPLICATION SHALL  BE  ASSIGNED  TO  THE  COUNTY
 COURT  OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT IS
 LOCATED, WHO SHALL REQUEST AND RECEIVE FROM  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  A  FINGERPRINT  BASED  CRIMINAL HISTORY RECORD OF THE
 DEFENDANT, INCLUDING ANY SEALED OR SUPPRESSED RECORDS. THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY REPORT,
 IF ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY  CRIMINAL
 HISTORY  INFORMATION  THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION
 IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU
 OF INVESTIGATION FOR THIS PURPOSE, AND TO MAKE SUCH  INFORMATION  AVAIL-
 ABLE  TO  THE  COURT,  WHICH  MAY MAKE THIS INFORMATION AVAILABLE TO THE
 DISTRICT ATTORNEY AND THE DEFENDANT.
   3. THE SENTENCING JUDGE, OR COUNTY OR SUPREME  COURT  SHALL  SUMMARILY
 DENY THE DEFENDANT'S APPLICATION WHEN:
   (A)  THE  DEFENDANT IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT
 TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
   (B) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
 NUMBER  OF  CONVICTIONS  ALLOWABLE  UNDER SECTION 160.58 OF THE CRIMINAL
 PROCEDURE LAW; OR
   (C) THE DEFENDANT HAS  PREVIOUSLY  OBTAINED  SEALING  OF  THE  MAXIMUM
 NUMBER  OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS SECTION;
 OR
   (D) THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION  HAS
 NOT YET BEEN SATISFIED; OR
   (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR
   (F)  THE  DEFENDANT  WAS  CONVICTED OF ANY CRIME AFTER THE DATE OF THE
 ENTRY OF JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING  IS  SOUGHT;
 OR
   (G)  THE  DEFENDANT  HAS FAILED TO PROVIDE THE COURT WITH THE REQUIRED
 SWORN STATEMENT OF THE REASONS WHY THE COURT  SHOULD  GRANT  THE  RELIEF
 REQUESTED; OR
   (H)  THE  DEFENDANT HAS BEEN CONVICTED OF TWO OR MORE FELONIES OR MORE
 THAN TWO CRIMES.
   4. PROVIDED THAT THE APPLICATION  IS  NOT  SUMMARILY  DENIED  FOR  THE
 REASONS  SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT WHO
 STANDS CONVICTED OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN  SEALING  OF
 NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
   5.  ANY  ELIGIBLE  OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS
 HAVE PASSED SINCE THE IMPOSITION OF  THE  SENTENCE  ON  THE  DEFENDANT'S
 LATEST  CONVICTION  OR,  IF  THE  DEFENDANT WAS SENTENCED TO A PERIOD OF
 INCARCERATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED  IN  CONJUNC-
 TION  WITH  A SENTENCE OF PROBATION, THE DEFENDANT'S LATEST RELEASE FROM
 INCARCERATION.  IN CALCULATING THE TEN YEAR PERIOD UNDER  THIS  SUBDIVI-
 SION,  ANY  PERIOD  OF  TIME  THE DEFENDANT SPENT INCARCERATED AFTER THE
 CONVICTION FOR WHICH THE APPLICATION FOR SEALING  IS  SOUGHT,  SHALL  BE

 S. 2006                            107                           A. 3006
 
 EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
 ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
   6.  UPON  DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY
 DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
 CATION IS OPPOSED BY THE DISTRICT  ATTORNEY,  THE  SENTENCING  JUDGE  OR
 COUNTY  OR  SUPREME  COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN
 ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY  THAT  WOULD  AID
 THE  SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS
 OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF  THE  DISTRICT
 ATTORNEY  DOES  NOT OPPOSE THE APPLICATION, HOWEVER THE COURT MAY HOLD A
 HEARING AT ITS DISCRETION.
   7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
 OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT  NOT
 LIMITED TO:
   (A)  THE  AMOUNT  OF  TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST
 CONVICTION;
   (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE  OFFENSE  FOR  WHICH  THE
 DEFENDANT IS SEEKING RELIEF, INCLUDING WHETHER THE ARREST CHARGE WAS NOT
 AN ELIGIBLE OFFENSE;
   (C)  THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
 THE DEFENDANT STANDS CONVICTED;
   (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY  MEASURES  THAT  THE
 DEFENDANT  HAS  TAKEN  TOWARD  REHABILITATION,  SUCH AS PARTICIPATING IN
 TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING  IN  COMMUNITY
 SERVICE OR OTHER VOLUNTEER PROGRAMS;
   (E)  ANY  STATEMENTS  MADE  BY THE VICTIM OF THE OFFENSE FOR WHICH THE
 DEFENDANT IS SEEKING RELIEF;
   (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
 BILITATION AND UPON HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
 REINTEGRATION INTO SOCIETY; AND
   (G)  THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
 UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.
   8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME 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 EXCEPT AS PROVIDED FOR IN SUBDIVISION  NINE  OF
 THIS  SECTION;  PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
 PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE  SAME.  THE
 CLERK  OF  SUCH  COURT  SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
 DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS  THAT  SHALL
 BE  SEALED  PURSUANT  TO  THIS  SECTION. THE CLERK ALSO SHALL NOTIFY ANY
 COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO  PARAGRAPH  (B)  OF
 SUBDIVISION  TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
 FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.
   9. 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; OR
   (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
 ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
 TION FOR SUCH A LICENSE; OR

 S. 2006                            108                           A. 3006
 
   (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. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS  INCLUDED
 WITHIN  THE  DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
 PROCEEDING IN WHICH THE FACT OF  A  PRIOR  CONVICTION  WOULD  ENHANCE  A
 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
   11.  NO  DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE  OR  ANY  AGREEMENT  RELATED  TO  A  CONVICTION FOR AN ELIGIBLE
 OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY ENFORCEABLE.
   § 48-a. Subdivision 16 of section 296 of the executive law,  as  sepa-
 rately  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
 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  160.59
 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  160.58  OR 160.59 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

 S. 2006                            109                           A. 3006
 
 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 160.58 OR 160.59 of the criminal procedure law.
   §  49.  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] offense [as] defined in ARTICLE ONE HUNDRED
 THIRTY OR TWO HUNDRED SIXTY-THREE OF the penal law. [The  provisions  of
 subdivision  one  requiring  the  accusatory  instrument filed against a
 youth to be sealed shall not apply where such youth has previously  been
 adjudicated a youthful offender or convicted of a crime.]
   §  50.  Subdivision 1 of section 720.20 of the criminal procedure law,
 as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
 follows:
   1.   Upon conviction of an eligible youth, the court must order a pre-
 sentence investigation of the defendant.   After receipt  of  a  written
 report  of the investigation and at the time of pronouncing sentence the
 court must determine whether or not the eligible  youth  is  a  youthful
 offender.   Such determination shall be in accordance with the following
 criteria:
   (a)  If in the opinion of the court the interest of justice  would  be
 served  by  relieving  the  eligible  youth  from the onus of a criminal
 record and by not imposing an indeterminate term of imprisonment of more
 than four years, the court may, in its  discretion,  find  the  eligible
 youth is a youthful offender; [and]
   (b)    Where  the  conviction is had in a local criminal court and the
 eligible youth had not prior to commencement of trial or entry of a plea
 of guilty been convicted of a crime or found a  youthful  offender,  the
 court must find he is a youthful offender[.]; AND
   (C)  THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
 AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN  CONVICTED  AND  SENTENCED
 FOR  A  FELONY,  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
 REQUIRES OTHERWISE.
   § 51. Intentionally omitted.
   § 52. Intentionally omitted.
   § 53. Intentionally omitted.
   § 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section
 115 of the family court  act,  paragraph  (vi)  of  subdivision  (a)  as
 amended and subdivision (e) as added by chapter 222 of the laws of 1994,
 are amended to read as follows:
   (vi) proceedings concerning juvenile delinquency as set forth in arti-
 cle three THAT ARE COMMENCED IN FAMILY COURT.
   (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

 S. 2006                            110                           A. 3006
 
 THE  CASE  TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-
 FIVE OF THE CRIMINAL PROCEDURE LAW.
   §  55.  Subdivision  (b)  of  section  117  of the family court act is
 REPEALED and a new subdivision (b) is added to read as follows:
   (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW
 YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA-
 RATE FROM ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL  HAVE  JURISDIC-
 TION  OVER  ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING AN ALLEGATION
 THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY
 ACT AS DEFINED IN SUBDIVISION EIGHT OF SECTION  301.2  OF  THIS  CHAPTER
 THAT  ARE  NOT  REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. ALL SUCH
 PROCEEDINGS SHALL BE ORIGINATED IN OR BE TRANSFERRED TO SUCH  PART  FROM
 OTHER  PARTS  AS  THEY ARE MADE KNOWN TO THE COURT.  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 CHAPTER.
   § 56. Subdivision 1 of section 301.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1. "Juvenile delinquent" means a person  [over  seven  and  less  than
 sixteen years of age, who, having committed an act that would constitute
 a  crime if committed by an adult, (a) is not criminally responsible for
 such conduct by reason of infancy, or (b) is the defendant in an  action
 ordered  removed  from  a criminal court to the family court pursuant to
 article seven hundred twenty-five of the criminal procedure law]:
   (A) WHO IS:
   (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
 TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE  FIRST  DEGREE)
 OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
 AN ADULT; OR
   (II)  AT  LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS OF AGE
 WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF  COMMITTED  BY  AN
 ADULT; OR
   (III)  SIXTEEN  YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND
 TWENTY, SIXTEEN OR SEVENTEEN YEARS OF AGE  WHO  COMMITTED  AN  ACT  THAT
 WOULD  CONSTITUTE  A  CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION
 240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE  AS  DEFINED
 IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND
   (B) WHO IS EITHER:
   (I)  NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY;
 OR
   (II) THE DEFENDANT IN AN ACTION  BASED  ON  SUCH  ACT  THAT  HAS  BEEN
 ORDERED  REMOVED  TO  THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
 TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   § 57. Subdivisions 8 and 9 of section 301.2 of the family  court  act,
 subdivision  8  as amended by chapter 7 of the laws of 2007 and subdivi-
 sion 9 as added by chapter 920 of the laws of 1982, are amended to  read
 as follows:
   8.  "Designated  felony  act" means an act which, if done by an adult,
 would be a crime: (i) defined in sections 125.27 (murder  in  the  first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first  degree);  or  150.20 (arson in the first degree) of the penal law
 committed by a person thirteen, fourteen [or], fifteen, OR  SIXTEEN,  OR
 COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  pursuant  to  section  130.91  of  the  penal law; (ii) defined in
 sections 120.10 (assault in the first degree); 125.20  (manslaughter  in

 S. 2006                            111                           A. 3006
 
 the  first  degree); 130.35 (rape in the first degree); 130.50 (criminal
 sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
 first  degree);  135.20 (kidnapping in the second degree) but only where
 the  abduction  involved  the  use  or  threat of use of deadly physical
 force; 150.15 (arson in the second degree) or  160.15  (robbery  in  the
 first  degree) of the penal law committed by a person thirteen, fourteen
 [or], fifteen, OR SIXTEEN, OR, COMMENCING JANUARY  FIRST,  TWO  THOUSAND
 TWENTY,  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 commit-
 ted by a  person  thirteen,  fourteen  [or],  fifteen,  OR  SIXTEEN,  OR
 COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  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  four-
 teen  or  fifteen  years of age; or such conduct committed as a sexually
 motivated felony, where authorized pursuant to  section  130.91  of  the
 penal  law; (v) defined in section 120.05 (assault in the second degree)
 or 160.10 (robbery in the second degree) of the penal law committed by a
 person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING JANUARY  FIRST,
 TWO  THOUSAND  TWENTY,  SEVENTEEN  years of age but only where there has
 been a prior finding by a court that such person has previously  commit-
 ted  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 desig-
 nated felony act specified in paragraph (i),  (ii),  or  (iii)  of  this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; [or] (vi) other than a misdemeanor  commit-
 ted  by  a person at least [seven] TWELVE but less than [sixteen] SEVEN-
 TEEN years of age, OR COMMENCING JANUARY FIRST, TWO  THOUSAND  TWENTY  A
 PERSON  AT  LEAST  TWELVE  BUT LESS THAN EIGHTEEN YEARS OF AGE, but only
 where there has been two prior findings by the court  that  such  person
 has committed a prior felony; OR (VII) DEFINED IN SECTION 125.10 (CRIMI-
 NAL  NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND
 DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE  SECOND
 DEGREE)  OF  THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST
 DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF  SEXUAL  CONDUCT  AGAINST  A
 CHILD)  OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL
 LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL  LAW;  490.45
 (CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE
 FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP-
 ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE  PENAL  LAW;  ACTS
 CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN
 COMMITTED  AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED
 OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL  LAW
 WHEN  COMMITTED  AS  AN  ACT OF TERRORISM; OR ACTS CONSTITUTING A FELONY
 DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY  A
 PERSON  AT  LEAST  SIXTEEN  BUT  LESS  THAN  SEVENTEEN  YEARS OF AGE, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, AT LEAST SIXTEEN BUT LESS
 THAN EIGHTEEN YEARS OF AGE.

 S. 2006                            112                           A. 3006
 
   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.
   § 58. 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.
   § 59. 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
 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  OF  THIS  PART  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.
   § 60. Subdivision 1 of section 304.2 of the family court act, as added
 by chapter 683 of the laws of 1984, is amended to read as follows:
   (1) Upon application by the presentment agency, OR UPON APPLICATION BY
 THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
 issue a temporary order of protection  against  a  respondent  for  good
 cause  shown,  ex  parte or upon notice, at any time after a juvenile is
 taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
 ance of an appearance ticket pursuant  to  section  307.1  or  upon  the
 filing of a petition pursuant to section 310.1 OF THIS PART.
   § 61. 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.
   § 62. Subdivision 2 of section 305.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:

 S. 2006                            113                           A. 3006
 
   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.
   §  63.  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
   §  64.  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-I felony; [or] (b) THE CHILD IS TWELVE YEARS OF
 AGE OR OLDER AND THE CRIME WHICH IS THE SUBJECT OF THE ARREST  OR  WHICH
 IS CHARGED IN THE PETITION CONSTITUTES 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.
   § 65. Subdivisions 2 and 4 of section 307.3 of the family  court  act,
 subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi-
 sion  4 as added by chapter 920 of the laws of 1982, are amended to read
 as follows:
   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 NO MORE THAN A VIOLATION IF COMMIT-
 TED BY AN ADULT; OR
   (B) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY TO  ANOTHER
 PERSON;

 S. 2006                            114                           A. 3006
 
   (II)  THE  CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (III)  THE  CHILD  HAS  NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
 THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
 ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION
 NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND
   (IV)  THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS  NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   4.  If  the  agency for any reason does not release a child under this
 section, such child shall be brought    before  the  appropriate  family
 court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
 BLE  MAGISTRATE,  IF  ANY,  DESIGNATED  BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER,  THAT  IF
 SUCH  FAMILY  COURT  IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL-
 ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
 ty-two hours or the next day the court is in session, whichever is soon-
 er. Such agency  shall  thereupon  file  an  application  for  an  order
 pursuant  to section 307.4 OF THIS PART and shall forthwith serve a copy
 of the application upon the appropriate presentment agency.  Nothing  in
 this  subdivision shall preclude the adjustment of suitable cases pursu-
 ant to section 308.1.
   § 66. The section heading and subdivisions 1, 2, 3, 9, 12  and  13  of
 section  308.1 of the family court act, the section heading and subdivi-
 sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and
 subdivision 2 as amended by section 3 of part V of  chapter  55  of  the
 laws of 2012, are amended to read as follows:
   [Rules  of court for preliminary] PRELIMINARY procedure; ADJUSTMENT OF
 CASES. 1. [Rules of court shall  authorize  and  determine  the  circum-
 stances  under  which  the]  THE  probation  service may confer with any
 person seeking to have a juvenile delinquency petition filed, the poten-
 tial respondent and other interested persons concerning the advisability
 of requesting that a petition be filed IN ACCORDANCE WITH THIS SECTION.
   2. (A) Except as provided in subdivisions three [and], four, AND THIR-
 TEEN of this section, the probation service  may[,  in  accordance  with
 rules  of  court,]  ATTEMPT  TO  adjust [suitable cases] A CASE before a
 petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE  CASE  IS
 SUITABLE  FOR  ADJUSTMENT  BASED  ON THE ASSESSED LEVEL OF RISK THAT THE
 CHILD WILL COMMIT ANOTHER ACT THAT WOULD CONSTITUTE A  CRIME  AS  DETER-
 MINED  BY  A  VALIDATED RISK ASSESSMENT INSTRUMENT AND THE EXTENT OF ANY
 PHYSICAL INJURY TO THE VICTIM.
   (B) IF A CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND  THE  EVENTS  IN
 THE  CASE  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED
 ACTS THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED  BY
 AN  ADULT,  THE  PROBATION SERVICE MUST DILIGENTLY ATTEMPT TO ADJUST THE
 CASE.  SUCH ATTEMPTS MAY INCLUDE THE USE  OF  A  JUVENILE  REVIEW  BOARD
 COMPRISED  OF  APPROPRIATE  COMMUNITY MEMBERS TO WORK WITH THE CHILD AND
 HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.   THE
 PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
 MINES  THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL BENE-
 FIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT  OR
 THE TIME FOR ADJUSTMENT HAS EXPIRED.
   (C)  The  inability  of  the  respondent  or his or her family to make
 restitution shall not be a factor in a decision to adjust a case or in a

 S. 2006                            115                           A. 3006
 
 recommendation to the presentment agency pursuant to subdivision six  of
 this section.
   (D)  THE  PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT FOR A
 TEMPORARY ORDER OF PROTECTION AS PART OF THE ADJUSTMENT  OF  A  CASE  IN
 ACCORDANCE WITH SECTION 304.2 OF THIS PART.
   (E)  Nothing  in  this section shall prohibit the probation service or
 the court from directing a respondent to obtain employment and  to  make
 restitution  from  the  earnings  from  such employment. Nothing in this
 section shall prohibit the probation service or the court from directing
 an eligible person to complete an education reform program in accordance
 with section four hundred fifty-eight-l of the social services law.
   3. The probation service shall not  ATTEMPT  TO  adjust  a  case  THAT
 COMMENCED  IN  FAMILY COURT in which the child has allegedly committed a
 designated felony act THAT INVOLVES ALLEGATIONS THAT  THE  CHILD  CAUSED
 PHYSICAL  INJURY  TO  A  PERSON  unless  [it]  THE PROBATION SERVICE has
 received the written approval of the court.
   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.
   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  OF  THIS
 PART  in  any  manner  other  than the filing of a petition for juvenile
 delinquency for an act which, if committed by an adult, would constitute
 a felony, provided, however, in the case of a child [eleven  or]  twelve
 years  of  age,  such  certification shall be made only if the act would
 constitute a class A or B felony, OR, IN THE  CASE  OF  A  CHILD  ELEVEN
 YEARS  OF  AGE,  SUCH  CERTIFICATION SHALL BE MADE ONLY IF THE ACT WOULD
 CONSTITUTE A CLASS A-1 FELONY.
   13. The [provisions of  this  section]  PROBATION  SERVICE  shall  not
 [apply]  ATTEMPT  TO  ADJUST  A  CASE  where the petition is an order of
 removal to the family court pursuant to article  seven  hundred  twenty-
 five  of  the  criminal procedure law UNLESS IT HAS RECEIVED THE WRITTEN
 APPROVAL OF THE COURT.
   § 67. 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;
   § 68. 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) THE EVENTS UNDERLYING THE INITIAL  APPEARANCE  APPEAR  TO  INVOLVE
 ONLY  ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO
 MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II) SUCH EVENTS APPEAR TO INVOLVE ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:

 S. 2006                            116                           A. 3006
 
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
 THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN  ACT
 THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
 ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   (4) THE RESPONDENT WAS ASSESSED  AT  A  LOW  RISK  ON  THE  APPLICABLE
 DETENTION  RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES-
 SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK  TO  PUBLIC
 SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER.
   §  69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the
 family court act, paragraph (a) as amended by chapter 37 of the laws  of
 2016  and paragraph (b) as added by chapter 920 of the laws of 1982, are
 amended to read as follows:
   (a) If the court finds that there is probable cause  to  believe  that
 the respondent committed a felony, it shall order the respondent commit-
 ted  to  the custody of the commissioner of mental health or the commis-
 sioner of THE OFFICE FOR PERSONS WITH developmental disabilities for  an
 initial  period not to exceed one year from the date of such order. Such
 period may be extended annually upon further 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 chief administrator of
 the courts. At that time, the commissioner must give written  notice  of
 the application to the respondent, the counsel representing the respond-
 ent and the mental hygiene legal service if the respondent is at a resi-
 dential  facility.  Upon  receipt  of  such  application, the court must
 conduct a hearing to determine the issue of capacity. If, at the conclu-
 sion of a hearing conducted pursuant  to  this  subdivision,  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  neces-
 sary  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 birthday 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.
   §  70.  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-

 S. 2006                            117                           A. 3006

 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] 722.20 of such law [for a
 reason other than his waiver thereof  pursuant  to  subdivision  two  of
 section  180.75  of  such law], the petition shall be deemed to be based
 upon a determination that probable cause exists to believe the  respond-
 ent is a juvenile delinquent and the respondent shall not be entitled to
 any  further  inquiry  on  the subject of whether probable cause exists.
 After the filing of any such petition the court must, however,  exercise
 independent,  de novo discretion with respect to release or detention as
 set forth in section 320.5 OF THIS PART.
   § 71. 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] ACCORDANCE with section 353.5 OF THIS  PART.  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  interests  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 CHILDREN AND FAMILY SERVICES IF:
   (I)  THE  RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE
 THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II) THE RESPONDENT ONLY COMMITTED ACTS  THAT  WOULD  CONSTITUTE  MORE
 THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
 IF:
   (1)  THE  ACTS  DID  NOT  RESULT  IN ANY PHYSICAL INJURY AS DEFINED IN
 SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS  FOR  AN  ACT
 THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3)  THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
 THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN  ADULT  AND  THAT
 ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   (4)  THE  RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE PRE-
 DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A  PLACE-
 MENT  IS  NECESSARY  BECAUSE  THE RESPONDENT OTHERWISE POSES AN IMMINENT
 RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH  DETERMINATION  IN
 THE COURT ORDER.
   § 72. 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

 S. 2006                            118                           A. 3006
 
 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.
   § 73. 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.
   § 74. Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
 act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi-
 sions  2,  6  and  7  as amended by chapter 645 of the laws of 1996, are
 amended to read as follows:
   1. 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  a  family
 court  pursuant  to  article  seven  hundred twenty-five of the criminal
 procedure law is adjudicated to be a juvenile 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 adjudi-
 cation is based would constitute a class [A or B] A-1 felony OR, IN  THE
 CASE  OF  A  PERSON  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 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

 S. 2006                            119                           A. 3006
 
 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.
   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.
   §  75.  Subdivision  6  of  section  355.3 of the family court act, as
 amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
 follows:
   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 OF THIS PART.
   § 76. 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.
   § 77. Section 360.3 of the family court act is amended by adding a new
 subdivision 7 to read as follows:

 S. 2006                            120                           A. 3006
 
   7.    NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE DETAINED UNDER
 SUBDIVISION TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF  THIS
 SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME
 IF  COMMITTED  BY  AN  ADULT  UNLESS  THE  COURT DETERMINES (A) THAT THE
 RESPONDENT  POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
 THE REASONS FOR THE FINDING ON THE RECORD OR (B) 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 HAS BEEN EXHAUSTED WITHOUT SUCCESS.
   §  78. 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.
   § 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi-
 vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of
 the laws of 2011 and subdivision 4 as added by chapter 465 of  the  laws
 of 1992, are amended to read as follows:
   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 OR PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT IF THE PETITION PURSUANT TO  SUCH  ARTICLE
 WAS  FILED  PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY. Only alleged or
 convicted juvenile offenders who have not attained their eighteenth  OR,
 COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN, THEIR TWENTY-FIRST
 birthday shall be subject to detention in a detention facility.
   4. For purposes of this article, the term "youth" shall [be synonymous
 with the term "child" and means] MEAN a person not less than seven years
 of age and not more than twenty OR COMMENCING JANUARY FIRST,  TWO  THOU-
 SAND NINETEEN, NOT MORE THAN TWENTY-TWO years of age.
   §  80.  Paragraph  (a)  of  subdivision 2 and subdivision 5 of section
 507-a of the executive law, as amended by chapter 465  of  the  laws  of
 1992, are amended to read as follows:
   (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 twen-
 ty-one  may  be  placed in[, committed to or remain in] the [division'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.

 S. 2006                            121                           A. 3006

   (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 TITLE 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 DESIG-
 NATED  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.
   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.
   § 81.  Paragraphs (a), (b), (c), (d) and  (e)  of  subdivision  2  and
 subdivision 4 of section 508 of the executive law are REPEALED.
   §  82.  Subdivisions  1,  2, 3, 5, 6, 7, 8 and 9 of section 508 of the
 executive law, subdivision 1 as amended by chapter 738 of  the  laws  of
 2004,  subdivision  2  as  amended  by  chapter 572 of the laws of 1985,
 subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered
 by chapter 465 of the laws of 1992, subdivisions 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  subdivi-
 sion  9  as amended by chapter 37 of the laws of 2016, are amended and a
 new subdivision 1-a is added to read as follows:
   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 sentencing provisions of the penal law. Such facilities
 shall provide appropriate services to juvenile offenders  including  but
 not  limited  to  residential care, educational and vocational training,
 physical and mental health services, and employment counseling.
   1-A.  (A) (I) THE STATE SHALL ESTABLISH ONE OR  MORE  FACILITIES  WITH
 ENHANCED  SECURITY  FEATURES  AND SPECIALLY TRAINED STAFF TO SERVE THOSE
 YOUTH SENTENCED FOR COMMITTING OFFENSES  ON  OR  AFTER  THEIR  SIXTEENTH
 BIRTHDAY  WHO  ARE  DETERMINED,  BASED  ON  THE PLACEMENT CLASSIFICATION
 PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS  SUBDIVISION,  TO
 NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES.
   (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES, THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION, THE COMMISSIONER OF THE STATE  COMMISSION  OF
 CORRECTION,  AND  THE  COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE

 S. 2006                            122                           A. 3006
 
 SERVICES SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE  FACILITY.
 THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL
 HAVE  THE  POWER  TO  PERFORM ALL ACTS NECESSARY TO CARRY OUT ITS DUTIES
 INCLUDING  MAKING  UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT
 ANY TIME. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  STATE  LAW  TO  THE
 CONTRARY,  THE  COUNCIL  MAY  REQUEST AND THE OFFICE SHALL SUBMIT TO THE
 COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN  THE
 FORM  AND  MANNER  AND  AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS
 APPROPRIATE TO THE PURPOSES AND OPERATION OF THE  COUNCIL.  THE  COUNCIL
 SHALL  BE  SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE
 PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO  THE
 COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF
 TO, PERSONS NOT AUTHORIZED BY LAW.
   (III)  YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE
 FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH  THE
 TYPES  OF  YOUTH  PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES.
 ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A  YOUTH  DIVISION  AIDE
 SHALL  BE  SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG-
 ICAL SCREENING AS APPLICANTS FOR  EMPLOYMENT  AS  CORRECTIONAL  OFFICERS
 WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO
 SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE
 INDEPENDENT   ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO  SUCH  SECTION,
 PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN  SUCH  SECTION  "DEPARTMENT"
 SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER"
 SHALL  MEAN  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES. ALL STAFF OF THE FACILITY SHALL  BE  SUBJECT  TO  RANDOM  DRUG
 TESTS.
   (B)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO
 ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS,
 WITH THE SECURITY ISSUES RELATING TO OPERATING  FACILITIES  SERVING  THE
 ADDITIONAL YOUTH SENTENCED TO THE OFFICE.
   (C)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION AND THE OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO
 BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN  AND  FAMILY
 SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER-
 MINE  THE  APPROPRIATE  LEVEL  OF  CARE  FOR EACH YOUTH SENTENCED TO THE
 OFFICE.  THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED  TO,
 CONSIDERATION  OF  THE  NATURE  OF  THE  YOUTH'S OFFENSE AND THE YOUTH'S
 HISTORY AND SERVICE NEEDS.
   (D) ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY
 SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
 RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
 PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
 THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE  GENDER-RESPONSIVE  PROGRAM-
 MING,  SERVICES  AND  TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
 OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
 IVE PEER RELATIONSHIPS.
   2. Juvenile offenders COMMITTED TO THE OFFICE  FOR  COMMITTING  CRIMES
 PRIOR  TO  THE AGE OF SIXTEEN shall be confined in such facilities until
 the age of twenty-one IN ACCORDANCE WITH THEIR SENTENCES, and shall  not
 be  released, discharged or permitted home visits except pursuant to the
 provisions of this section.

 S. 2006                            123                           A. 3006
 
   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.
   [5.]  4.  The  office  of children and family services may transfer an
 offender not less than eighteen [nor more than twenty-one] years of  age
 to  the  department  of  corrections  and  community  supervision if the
 commissioner of the office certifies to the commissioner of  corrections
 and  community  supervision that there is no substantial likelihood that
 the youth will benefit from the programs offered by office facilities.
   [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
 THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH  BIRTH-
 DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
 transferred  AT  AGE  TWENTY-ONE  to  the  custody  of the department of
 corrections and community supervision for confinement  pursuant  to  the
 correction law.
   [7.]  (B)  ALL  OFFENDERS  COMMITTED  OR TRANSFERRED TO THE OFFICE FOR
 COMMITTING A CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO  STILL  HAVE
 TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE
 CUSTODY  OF  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR
 CONFINEMENT PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF
 CARE IN OFFICE OF CHILDREN AND FAMILY SERVICES  FACILITIES  UNLESS  THEY
 ARE  WITHIN  FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR
 SENTENCE AND THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE
 BASIS THAT THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE  OFFICE  FOR
 THE ADDITIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE
 THEIR  SENTENCE.  IN MAKING SUCH A DETERMINATION, THE FACTORS THE OFFICE
 MAY CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH,  THE
 AMOUNT  OF  TIME  REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
 LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM,  THE  YOUTH'S  EDUCA-
 TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
 THROUGH  THE  OFFICE  AND  THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
 YOUTH'S POST-RELEASE SUPERVISION SENTENCE.  NOTHING  IN  THIS  PARAGRAPH
 SHALL  AUTHORIZE  A  YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR
 HER TWENTY-THIRD BIRTHDAY.
   (C) COMMENCING JANUARY FIRST,  TWO  THOUSAND  NINETEEN,  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 SUPERVISION AND WHO ARE ABLE
 TO COMPLETE THE FULL-TERM OF THEIR  POST-RELEASE  SUPERVISION  SENTENCES
 BEFORE  THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE
 OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION.
   (D) COMMENCING JANUARY FIRST,  TWO  THOUSAND  NINETEEN,  ALL  JUVENILE
 OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL-
 ITY  BEFORE  THEY  ARE  TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF  THEIR
 POST-RELEASE  SUPERVISION  SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS
 OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD
 OF  SENTENCE,  OR  EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE
 SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE  SHALL
 ASSIST  SUCH  DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER-
 VISION.
   6. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except that his  OR  HER  parole,  POST-RELEASE  SUPERVISION,  temporary

 S. 2006                            124                           A. 3006
 
 release  and  discharge  shall  be  governed  by  the laws applicable to
 inmates of state correctional facilities and  his  OR  HER  transfer  to
 state  hospitals  in  the  office  of mental health shall be governed by
 section  five  hundred  nine of this chapter; PROVIDED, HOWEVER, THAT AN
 OTHERWISE ELIGIBLE JUVENILE OFFENDER MAY RECEIVE THE  SIX-MONTH  LIMITED
 CREDIT  TIME  ALLOWANCE  FOR  SUCCESSFUL  PARTICIPATION  IN  ONE OR MORE
 PROGRAMS DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  THAT
 ARE  COMPARABLE  TO  THE  PROGRAMS  SET  FORTH  IN SECTION EIGHT HUNDRED
 THREE-B OF THE CORRECTION LAW, TAKING  INTO  CONSIDERATION  THE  AGE  OF
 JUVENILE  OFFENDERS.    The  commissioner  of the office of children and
 family services shall, however, establish and operate temporary  release
 programs  at  office  of  children  and  family  services facilities AND
 PROVIDE POST-RELEASE SUPERVISION for  eligible  juvenile  offenders  and
 [contract  with  the department of corrections and community supervision
 for the provision of parole] PROVIDE supervision [services]  for  tempo-
 rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION.  The rules and
 regulations  for  these programs shall not be inconsistent with the laws
 for temporary release AND POST-RELEASE SUPERVISION applicable to inmates
 of state correctional facilities. For the purposes of temporary  release
 programs  for  juvenile  offenders  only, when referred to or defined in
 article twenty-six of the correction law, "institution" shall  mean  any
 facility  designated  by  the commissioner of the office of children and
 family services, "department" shall mean  the  office  of  children  and
 family  services, "inmate" shall mean a juvenile offender residing in an
 office of children and  family  services  facility,  and  "commissioner"
 shall  mean  the  [director]  COMMISSIONER of the office of children and
 family services. FOR THE PURPOSES OF SUCH POST-RELEASE  SUPERVISION  FOR
 JUVENILE  OFFENDERS  UNDER  PARAGRAPH  (C)  OF  SUBDIVISION FIVE OF THIS
 SECTION ONLY, WHEN REFERRED TO IN SECTION 70.45  OF  THE  PENAL  LAW  OR
 ARTICLE   TWELVE-B  OF  THE  EXECUTIVE  LAW,  THE  TERM  "DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION",  "DEPARTMENT",  "DIVISION  OF
 PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE
 OF  CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL MEAN
 THE OFFICE OF CHILDREN AND FAMILY SERVICES.  Time  spent  in  office  of
 children and family services facilities and in juvenile detention facil-
 ities  shall be credited towards the sentence imposed in the same manner
 and to the same extent  applicable  to  inmates  of  state  correctional
 facilities.
   [8]  7.    Whenever a juvenile offender or a juvenile offender adjudi-
 cated a youthful offender shall be delivered to the director of [a divi-
 sion for youth] AN OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  facility
 pursuant  to  a  commitment  to the [director of the division for youth]
 OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so  delivering  such
 person  shall  deliver to such facility director a certified copy of the
 sentence received by such officer from the clerk of the court  by  which
 such  person  shall  have  been  sentenced,  a copy of the report of the
 probation officer's investigation and  report,  any  other  pre-sentence
 memoranda  filed  with  the  court,  a  copy of the person's fingerprint
 records, a detailed summary of available  medical  records,  psychiatric
 records  and  reports  relating  to  assaults,  or  other  violent acts,
 attempts at suicide or escape by the person while in the  custody  of  a
 local detention facility.
   [9.]  8.  Notwithstanding any provision of law, including section five
 hundred one-c of  this  article,  the  office  of  children  and  family
 services  shall  make  records pertaining to a person convicted of a sex
 offense as defined in subdivision (p) of section  10.03  of  the  mental

 S. 2006                            125                           A. 3006
 
 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.
   § 83. Section 712 of the family court act, as amended by  chapter  920
 of  the  laws of 1982, subdivision (a) as amended by section 7 of part G
 of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
 465 of the laws of 1992, subdivision (g) as amended by section 2 of part
 B of chapter 3 of the laws of 2005, subdivision (h) as added by  chapter
 7  of the laws of 1999, subdivision (i) as amended and subdivisions (j),
 (k), (l) and (m) as added by chapter 38 of the laws of 2014, is  amended
 to read as follows:
   § 712. Definitions. As used in this article, the following terms shall
 have the following meanings:
   (a) "Person in need of supervision". A person less than eighteen years
 of  age  who does not attend school in accordance with the provisions of
 part one of article sixty-five of the education law or who is incorrigi-
 ble, ungovernable  or  habitually  disobedient  and  beyond  the  lawful
 control of a parent or other person legally responsible for such child's
 care,  or  other  lawful  authority,  or  who violates the provisions of
 section 221.05 or 230.00 of the penal law, or who appears to be a  sexu-
 ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
 sion  one  of  section four hundred forty-seven-a of the social services
 law, but only if the child consents to the filing of  a  petition  under
 this article.
   (b)  ["Detention". The temporary care and maintenance of children away
 from their own homes as defined in section five hundred two of the exec-
 utive law.
   (c) "Secure detention facility". A  facility  characterized  by  phys-
 ically restricting construction, hardware and procedures.
   (d)  "Non-secure  detention facility". A facility characterized by the
 absence of physically restricting construction, hardware and procedures.
   (e)] "Fact-finding  hearing".  A  hearing  to  determine  whether  the
 respondent did the acts alleged to show that he OR SHE violated a law or
 is  incorrigible,  ungovernable or habitually disobedient and beyond the
 control of his OR HER parents, guardian or legal custodian.
   [(f)] (C) "Dispositional hearing". A hearing to determine whether  the
 respondent requires supervision or treatment.
   [(g)]  (D)  "Aggravated circumstances". Aggravated circumstances shall
 have the same meaning as the definition of such term in subdivision  (j)
 of section one thousand twelve of this act.
   [(h)]  (E)  "Permanency  hearing".  A  hearing held in accordance with
 paragraph (b) of subdivision two of section seven hundred fifty-four  or
 section  seven  hundred  fifty-six-a  of this article for the purpose of
 reviewing the foster care status of the respondent and the  appropriate-
 ness of the permanency plan developed by the social services official on
 behalf of such respondent.
   [(i)]  (F)  "Diversion  services".   Services provided to children and
 families pursuant to section seven hundred thirty-five of  this  article
 for  the  purpose of avoiding the need to file a petition [or direct the
 detention of the child]. Diversion services shall  include:  efforts  to
 adjust  cases pursuant to this article before a petition is filed, or by
 order of the court, after the petition is filed but before  fact-finding
 is  commenced;  and  preventive  services  provided  in  accordance with
 section four hundred nine-a of the social  services  law  to  avert  the

 S. 2006                            126                           A. 3006
 
 placement of the child [into foster care], including crisis intervention
 and  respite  services.    Diversion services may also include, in cases
 where any person is seeking to file a petition  that  alleges  that  the
 child  has a substance use disorder or is in need of immediate detoxifi-
 cation or substance use disorder services, an assessment  for  substance
 use   disorder;   provided,  however,  that  notwithstanding  any  other
 provision of law to the contrary, the designated lead agency  shall  not
 be  required  to pay for all or any portion of the costs of such assess-
 ment or substance use disorder or  detoxification  services,  except  in
 cases  where medical assistance for needy persons may be used to pay for
 all or any portion of the costs of such assessment or services.
   [(j)] (G) "Substance use disorder". The misuse of, dependence  on,  or
 addiction  to  alcohol  and/or legal or illegal drugs leading to effects
 that are detrimental to the person's physical and mental health  or  the
 welfare of others.
   [(k)]  (H)  "Assessment  for  substance use disorder". Assessment by a
 provider that has  been  certified  by  the  office  of  alcoholism  and
 substance  abuse  services  of  a person less than eighteen years of age
 where it is alleged that the youth is suffering  from  a  substance  use
 disorder  which  could  make  a  youth a danger to himself or herself or
 others.
   [(l)] (I) "A substance use disorder which could make a youth a  danger
 to  himself  or  herself  or  others".  A substance use disorder that is
 accompanied by the dependence on, or the repeated use or abuse of, drugs
 or alcohol to the point of intoxication such that the person is in  need
 of immediate detoxification or other substance use disorder services.
   [(m)]  (J)  "Substance  use disorder services". Substance use disorder
 services shall have the same meaning as provided for in section 1.03  of
 the mental hygiene law.
   §  84. The part heading of part 2 of article 7 of the family court act
 is amended to read as follows:
                          CUSTODY [AND DETENTION]
   § 85. 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 PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE
 DIRECTED  UNDER  ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER-
 WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom
 the provisions of this article may apply, shall be detained in any pris-
 on, jail, lockup, or other place used for adults convicted of  crime  or
 under arrest and charged with a crime.
   [2.  The detention of a child in a secure detention facility shall not
 be directed under any of the provisions of this article.
   3. Detention of a person alleged to be or adjudicated as a  person  in
 need  of  supervision  shall,  except as provided in subdivision four of
 this section, be authorized only in a foster care program  certified  by
 the  office  of children and family services, or a certified or approved
 family boarding home, or a non-secure detention  facility  certified  by
 the  office  and in accordance with section seven hundred thirty-nine of
 this article. The setting of the detention shall take into  account  (a)
 the  proximity  to  the  community  in which the person alleged to be or
 adjudicated as a person in need of supervision lives with such  person's
 parents or to which such person will be discharged, and (b) the existing

 S. 2006                            127                           A. 3006

 educational  setting of such person and the proximity of such setting to
 the location of the detention setting.
   4. Whenever detention is authorized and ordered pursuant to this arti-
 cle,  for  a  person alleged to be or adjudicated as a person in need of
 supervision, a family court in a city having a population of one million
 or more shall,  notwithstanding  any  other  provision  of  law,  direct
 detention  in a foster care facility established and maintained pursuant
 to the social services law. In all other respects, the detention of such
 a person in a foster care facility shall be  subject  to  the  identical
 terms  and conditions for detention as are set forth in this article and
 in section two hundred thirty-five of this act.
   5. (a) The court shall not order or direct detention under this  arti-
 cle, unless the court determines that there is no substantial likelihood
 that  the  youth  and  his  or  her family will continue to benefit from
 diversion services and that all available alternatives to detention have
 been exhausted; and
   (b) Where the youth is sixteen years of age or older, the court  shall
 not  order  or  direct  detention  under  this article, unless the court
 determines and states in its order that special circumstances  exist  to
 warrant such detention.
   (c)  If the respondent may be a sexually exploited child as defined in
 subdivision one of section four  hundred  forty-seven-a  of  the  social
 services law, the court may direct the respondent to an available short-
 term  safe  house  as defined in subdivision two of section four hundred
 forty-seven-a  of  the  social  services  law  as  an   alternative   to
 detention.]
   § 86. Section 727 of the family court act is REPEALED.
   §  87. The section heading and subdivisions (c) and (d) of section 728
 of the family court act, 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, are amended to read as follows:
   Discharge[,]  OR  release  [or  detention]  by judge after hearing and
 before filing of petition in custody cases.
   (c) An order of release under this  section  may,  but  need  not,  be
 conditioned  upon the giving of a recognizance in accord with [sections]
 SECTION seven hundred twenty-four (b) (i).
   [(d) Upon a finding of facts and reasons  which  support  a  detention
 order pursuant to this section, the court shall also determine and state
 in any order directing detention:
   (i)  that there is no substantial likelihood that the youth and his or
 her family will continue to benefit from diversion services and that all
 available alternatives to detention have been exhausted; and
   (ii) whether continuation of the child in the child's  home  would  be
 contrary  to the best interests of the child based upon, and limited to,
 the facts and circumstances available to the court at the  time  of  the
 hearing held in accordance with this section; and
   (iii) where appropriate, whether reasonable efforts were made prior to
 the  date  of the court hearing that resulted in the detention order, to
 prevent or eliminate the need for removal of the child from his  or  her
 home or, if the child had been removed from his or her home prior to the
 court  appearance  pursuant  to this section, where appropriate, whether
 reasonable efforts were made to make it possible for the child to safely
 return home; and

 S. 2006                            128                           A. 3006

   (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.]
   § 88. Section 729 of the family court act is REPEALED.
   § 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of
 section 735 of the family court act, subdivision (b) as amended by chap-
 ter  38 of the laws of 2014, paragraph (i) of subdivision (d) as amended
 by chapter 535 of the laws of 2011  and  subdivision  (f)  as  added  by
 section  7  of  part E of chapter 57 of the laws of 2005, are amended to
 read as follows:
   (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; 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 INCLUDING WHETHER THE  YOUTH  AND
 HIS  OR  HER  FAMILY  SHOULD  BE REFERRED TO AN AVAILABLE FAMILY SUPPORT
 CENTER; and
   [(v)] (VI) determine whether an assessment of the youth for  substance
 use  disorder  by  an  office of alcoholism and substance abuse services
 certified provider is necessary when a person seeking to file a petition
 alleges in such petition that the youth is suffering  from  a  substance
 use  disorder  which could make the youth a danger to himself or herself
 or others. Provided, however, that notwithstanding any  other  provision
 of law to the contrary, the designated lead agency shall not be required
 to pay for all or any portion of the costs of such assessment or for any
 substance use disorder or detoxification services, except in cases where
 medical  assistance  for needy persons may be used to pay for all or any
 portion of the costs of such assessment or services. The office of alco-
 holism and substance abuse services shall make a list of  its  certified
 providers available to the designated lead agency.
   (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.
   (f)  Efforts  to  prevent  the  filing  of a petition pursuant to this
 section may extend until the  designated  lead  agency  determines  that

 S. 2006                            129                           A. 3006
 
 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.
   § 90. Section 739 of the family court act, as amended by  chapter  920
 of  the laws of 1982, subdivision (a) as amended by section 10 of part G
 of chapter 58 of the laws of 2010, subdivision (c) as added  by  chapter
 145 of the laws of 2000, is amended to read as follows:
   §  739.  Release  or [detention] REFERRAL after filing of petition and
 prior to order of disposition. [(a)] After  the  filing  of  a  petition
 under  section  seven  hundred thirty-two of this part, the court in its
 discretion may release the respondent [or direct his or her  detention].
 If the respondent may be a sexually exploited child as defined in subdi-
 vision  one of section four hundred forty-seven-a of the social services
 law, the court may direct the respondent to an available short-term safe
 house [as an alternative to detention.  However,  the  court  shall  not
 direct detention unless it finds and states the facts and reasons for so
 finding  that  unless  the respondent is detained there is a substantial
 probability that the respondent will not appear in court on  the  return
 date and all available alternatives to detention have been exhausted.
   (b)  Unless  the respondent waives a determination that probable cause
 exists to believe that he  is  a  person  in  need  of  supervision,  no
 detention  under  this  section may last more than three days (i) unless
 the court finds, pursuant to the evidentiary standards applicable  to  a
 hearing  on  a  felony complaint in a criminal court, that such probable
 cause exists, or (ii) unless special circumstances exist, in which cases
 such detention may be extended not more than an  additional  three  days
 exclusive of Saturdays, Sundays and public holidays.
   (c)  Upon  a  finding  of  facts and reasons which support a detention
 order pursuant to subdivision (a) of this section, the court shall  also
 determine and state in any order directing detention:
   (i)  whether  continuation  of the respondent in the respondent's home
 would be contrary to the best interests of the  respondent  based  upon,
 and limited to, the facts and circumstance available to the court at the
 time of the court's determination in accordance with this section; and
   (ii)  where appropriate, whether reasonable efforts were made prior to
 the date of the court order directing detention in accordance with  this
 section,  to prevent or eliminate the need for removal of the respondent
 from his or her home or, if the respondent had been removed from his  or
 her  home  prior to the court appearance pursuant to this section, where
 appropriate, whether reasonable efforts were made to  make  it  possible
 for the respondent to safely return home].
   §  91.  Section 741-a of the family court act, as amended by section 3
 of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
 follows:
   §  741-a.  Notice  and right to be heard. The foster parent caring for
 [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION
 SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any  pre-adoptive  parent  or
 relative providing care for the respondent shall be provided with notice
 of  any  permanency  hearing held pursuant to this article by the social
 services official. Such foster parent, pre-adoptive parent  or  relative
 shall have the right to be heard at any such hearing; provided, however,
 no  such  foster  parent,  pre-adoptive  parent  or  relative  shall  be

 S. 2006                            130                           A. 3006
 
 construed to be a party to the hearing  solely  on  the  basis  of  such
 notice  and  right to be heard. The failure of the foster parent, pre-a-
 doptive parent, or relative caring for the child to appear at a  perman-
 ency hearing shall constitute a waiver of the right to be heard and such
 failure  to appear shall not cause a delay of the permanency hearing nor
 shall such failure to appear be a ground for  the  invalidation  of  any
 order issued by the court pursuant to this section.
   § 92. Section 747 of the family court act is REPEALED.
   § 93. Section 748 of the family court act is REPEALED.
   §  94.  Subdivision  (b)  of  section  749 of the family court act, as
 amended by chapter 806 of the laws  of  1973,  is  amended  to  read  as
 follows:
   (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
 conclusion of a fact-finding hearing or during a  dispositional  hearing
 to  enable  it  to  make  inquiry  into the surroundings, conditions and
 capacities of the respondent. An [adjournment on the court's motion  may
 not be for a period of more than ten days if the respondent is detained,
 in  which  case  not  more  than a total of two such adjournments may be
 granted in the absence of special circumstances. If  the  respondent  is
 not  detained,  an]  adjournment  may  be for a reasonable time, but the
 total number of adjourned days may not exceed two months.
   § 95. Paragraph (a) of subdivision 2 of  section  754  of  the  family
 court  act,  as  amended  by chapter 7 of the laws of 1999, subparagraph
 (ii) of paragraph (a) as amended by section 20 of part L of  chapter  56
 of the laws of 2015, is amended to read as follows:
   (a)  The  order  shall  state  the  court's reasons for the particular
 disposition. If the court places the child in  accordance  with  section
 seven  hundred  fifty-six  of  this  part,  the court in its order shall
 determine: (i) whether continuation in the child's home would be contra-
 ry to the best interest of the child and where appropriate, that reason-
 able efforts were made prior to the date of  the  dispositional  hearing
 held  pursuant  to  this  article  to  prevent or eliminate the need for
 removal of the child from his or her home and, if the child was  removed
 from  his  or  her  home  prior  to  the date of such hearing, that such
 removal was in the child's best interest and, where appropriate, reason-
 able efforts were made to make it possible for the child to return safe-
 ly home. If the court determines that reasonable efforts to  prevent  or
 eliminate  the need for removal of the child from the home were not made
 but that the lack of such efforts  was  appropriate  under  the  circum-
 stances,  the  court order shall include such a finding; and (ii) in the
 case of a child who has attained the age of 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.]
   §  96.  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.

 S. 2006                            131                           A. 3006

   (ii) [Where the child is placed] IF THE COURT FINDS THAT THE  RESPOND-
 ENT  IS  A  SEXUALLY  EXPLOITED  CHILD  AS DEFINED IN SUBDIVISION ONE OF
 SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
 MAY PLACE THE CHILD with the commissioner of the local  social  services
 district[, the court] AND may direct the commissioner to place the child
 with  an  authorized agency or class of authorized agencies, including[,
 if the court finds that the respondent is a sexually exploited child  as
 defined  in subdivision one of section four hundred forty-seven-a of the
 social services law,] an available  long-term  safe  house.  Unless  the
 dispositional  order  provides  otherwise,  the court so directing shall
 include one of the following alternatives to apply in the event that the
 commissioner is unable to so place the child:
   (1) the commissioner shall apply to the court for an  order  to  stay,
 modify,  set  aside, or vacate such directive pursuant to the provisions
 of section seven hundred sixty-two or seven hundred sixty-three; or
   (2) the commissioner shall return the child to the family court for  a
 new dispositional hearing and order.
   (b)  Placements  under  this  section  may be for an initial period of
 twelve months. The court may extend  a  placement  pursuant  to  section
 seven  hundred  fifty-six-a.  In its discretion, the court may recommend
 restitution or require services for  public  good  pursuant  to  section
 seven  hundred  fifty-eight-a in conjunction with an order of placement.
 For the purposes of calculating the initial period  of  placement,  such
 placement  shall  be  deemed to have commenced sixty days after the date
 the child was removed from his  or  her  home  in  accordance  with  the
 provisions  of  this  article.  [If the respondent has been in detention
 pending disposition, the initial period of placement ordered under  this
 section  shall  be  credited  with  and diminished by the amount of time
 spent by the respondent in detention prior to the  commencement  of  the
 placement  unless  the court finds that all or part of such credit would
 not serve the best interests of the respondent.
   (c) A placement pursuant to this  section  with  the  commissioner  of
 social services shall not be directed in any detention facility, but the
 court  may  direct  detention pending transfer to a placement authorized
 and ordered under this section for no more than than fifteen days  after
 such  order  of  placement  is  made. Such direction shall be subject to
 extension pursuant to subdivision three of section three  hundred  nine-
 ty-eight  of  the social services law, upon written documentation to the
 office of children and family services that the  youth  is  in  need  of
 specialized  treatment  or  placement  and  the  diligent efforts by the
 commissioner of social services to locate an appropriate placement.]
   § 97. 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

 S. 2006                            132                           A. 3006

 replacement  or  damage, either in a lump sum or in periodic payments in
 amounts set by the agency with which he is placed, and in  the  case  of
 probation  or  suspended  judgment,  the] THE court may require that the
 [infant] CHILD pay out of his or her own funds or earnings the amount of
 replacement  or  damage, either in a lump sum or in periodic payments in
 amounts set by the court; and/or
   (b) order as a condition of placement, probation, or  suspended  judg-
 ment,  services  for  the  public  good including in the case of a crime
 involving willful, malicious, or unlawful damage or destruction to  real
 or personal property maintained as a cemetery plot, grave, burial place,
 or  other  place of interment of human remains, services for the mainte-
 nance and repair thereof, taking into consideration the age and physical
 condition of the [infant] CHILD.
   2. [If the court recommends restitution or requires services  for  the
 public  good  in  conjunction  with  an  order  of placement pursuant to
 section seven hundred fifty-six, the placement shall be made only to  an
 authorized agency which has adopted rules and regulations for the super-
 vision  of  such a program, which rules and regulations shall be subject
 to the approval of the state department of social services.  Such  rules
 and  regulations  shall  include,  but  not be limited to provisions (i)
 assuring that the conditions of work, including wages, meet  the  stand-
 ards  therefor  prescribed  pursuant  to  the  labor law; (ii) affording
 coverage to the child under the workers' compensation law as an employee
 of such agency, department or institution; (iii) assuring that the enti-
 ty receiving such services shall not utilize the  same  to  replace  its
 regular  employees; and (iv) providing for reports to the court not less
 frequently than every six months, unless the order provides otherwise.
   3.] If the court requires restitution or services for the public  good
 [as  a  condition  of probation or suspended judgment], it shall provide
 that an agency or person supervise the restitution or services and  that
 such agency or person report to the court not less frequently than every
 six months, unless the order provides otherwise. Upon the written notice
 sent  by  a  school  district to the court and the appropriate probation
 department or agency which submits probation recommendations or  reports
 to  the  court,  the  court  may provide that such school district shall
 supervise the performance of services for the public good.
   [4.] 3. The court, upon receipt of the reports provided for in  subdi-
 vision  two  [or  three]  of  this section may, on its own motion or the
 motion of any party or the agency, hold a hearing to  determine  whether
 the [placement] CONDITION should be altered or modified.
   §  98.  Section  774  of  the  family  court act is amended to read as
 follows:
   § 774. Action on petition for transfer.  On receiving a petition under
 section  seven  hundred  seventy-three,  the  court  may  proceed  under
 sections seven hundred thirty-seven, seven hundred thirty-eight or seven
 hundred thirty-nine with respect to the issuance of a summons or warrant
 [and  sections  seven hundred twenty-seven and seven hundred twenty-nine
 govern questions of detention and failure to comply with  a  promise  to
 appear].  Due  notice  of  the petition and a copy of the petition shall
 also be served personally or by mail upon the  office  of  the  locality
 chargeable  for  the  support of the person involved and upon the person
 involved and his OR HER parents and other persons.
   § 98-a. Article 6 of the social services law is amended  by  adding  a
 new title 12 to read as follows:
                                 TITLE 12
                          FAMILY SUPPORT CENTERS

 S. 2006                            133                           A. 3006
 
 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 CHILDREN
 AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING  ADJUDICATED
 A  PERSON IN NEED OF SUPERVISION AND HELP PREVENT THE OUT OF HOME PLACE-
 MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH  REFERRALS  WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D)  MENTAL  AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER-
 VENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES;
   (G) EDUCATION ADVOCACY; AND
   (H) OTHER FAMILY SUPPORT SERVICES.
   3. THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA  RESPONSIVE,  FAMILY
 FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS
 BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED 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 AND WEEKENDS.
   §  458-N.  FUNDING  FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, TO THE  EXTENT  THAT  FUNDS  ARE
 AVAILABLE  FOR  SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL  SERVICES  DISTRICTS
 TO  CONTRACT  WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT
 CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC
 PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  WHEN
 DETERMINING  THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS
 SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE,  BUT  ARE
 NOT NECESSARILY LIMITED TO:
   (A)  THE  TOTAL  AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING
 REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES  OUTLINED  IN
 SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE;
   (B)  RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY
 INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
   (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT  TO  PREVENT  OR
 REDUCE  DETENTION  OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT; AND
   (II)  RELATIVE  TO  THE  YOUTH  POPULATION  OF  SUCH  SOCIAL  SERVICES
 DISTRICT:
   (1)  THE  NUMBER  OF  PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE
 FAMILY COURT ACT; OR
   (2) THE NUMBER  OF  PLACEMENTS  OF  YOUTH  INTO  RESIDENTIAL  CARE  OR
 DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
   (C)  ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT
 TO SUBDIVISION THREE  OF  THIS  SECTION  FOR  PROGRAMS  THAT  PREVIOUSLY
 RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
   (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.

 S. 2006                            134                           A. 3006
 
   3.  SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
 REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  THE  FORM  AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   §  98-b.  Subdivisions  3, 3-a, 11 and 12 of section 398 of the social
 services law, subdivision 3 as amended by chapter 419  of  the  laws  of
 1987,  paragraph (c) of subdivision 3 as amended by section 19 of part E
 of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
 as added by chapter 514 of the  laws  of  1976  and  subdivision  12  as
 amended  by  section 12 of subpart B of part Q of chapter 58 of the laws
 of 2011, are amended to read as follows:
   3. As to delinquent children [and persons in need of supervision]:
   (a) Investigate complaints as to alleged delinquency of a child.
   (b) Bring such case of alleged delinquency when necessary  before  the
 family court.
   (c)  Receive  within  fifteen  days  from  the order of placement as a
 public charge any delinquent child committed or  placed  [or  person  in
 need  of  supervision  placed]  in  his  or her care by the family court
 provided, however, that the commissioner of the social services district
 with whom the child is placed may apply to the state commissioner or his
 or her designee for approval of an additional fifteen days, upon written
 documentation to the office of children and  family  services  that  the
 youth  is in need of specialized treatment or placement and the diligent
 efforts by the commissioner of social services to locate an  appropriate
 placement.
   [3-a. As to delinquent children:
   (a)] (D) (1) Conditionally release any juvenile delinquent placed with
 the  district  to aftercare whenever the district determines conditional
 release to be consistent with the needs and best interests of such juve-
 nile delinquent, that suitable care and supervision can be provided, and
 that there is a reasonable probability that such juvenile delinquent can
 be conditionally released without endangering public  safety;  provided,
 however,  that such conditional release shall be made in accordance with
 the regulations of the office  of  children  and  family  services,  and
 provided further that no juvenile delinquent while absent from a facili-
 ty  or  program  without the consent of the director of such facility or
 program shall be conditionally released by the district solely by reason
 of the absence.
   (2) It shall be a condition of such release that a juvenile delinquent
 so released shall continue  to  be  the  responsibility  of  the  social
 services district for the period provided in the order of placement.
   (3)  The  social  services district may provide clothing, services and
 other necessities for any conditionally released juvenile delinquent, as
 may be required, including medical care and  services  not  provided  to
 such  juvenile delinquent as medical assistance for needy persons pursu-
 ant to title eleven of article five of this chapter.
   (4) The social services district, pursuant to the regulations  of  the
 office  of children and family services, may cause a juvenile delinquent
 to be returned to a facility operated and maintained by the district, or
 an authorized agency under contract with the district, at any time with-
 in the period of placement, where there is a violation of the conditions
 of release or a change of circumstances.
   (5) Juvenile delinquents conditionally released by a  social  services
 district may be provided for as follows:

 S. 2006                            135                           A. 3006
 
   (i)  If,  in  the opinion of the social services district, there is no
 suitable parent, relative or guardian to whom a juvenile delinquent  can
 be  conditionally  released,  and  suitable  care  cannot  otherwise  be
 secured, the district may conditionally release such juvenile delinquent
 to the care of any other suitable person; provided that where such suit-
 able  person  has  no legal relationship with the juvenile, the district
 shall advise such person of the  procedures  for  obtaining  custody  or
 guardianship of the juvenile.
   (ii)  If  a  conditionally  released juvenile delinquent is subject to
 article sixty-five of the education law or elects to participate  in  an
 educational program leading to a high school diploma, he or she shall be
 enrolled  in  a  school  or educational program leading to a high school
 diploma following release, or, if such release occurs during the  summer
 recess,  upon  the  commencement  of  the  next school term. If a condi-
 tionally released juvenile delinquent is not subject to  article  sixty-
 five  of  the  education  law,  and  does not elect to participate in an
 educational program leading to a high school  diploma,  steps  shall  be
 taken,  to the extent possible, to facilitate his or her gainful employ-
 ment or enrollment in a vocational program following release.
   [(b)] (E) When a juvenile delinquent placed with the  social  services
 district  is  absent  from placement without consent, such absence shall
 interrupt the calculation of time for his or her placement. Such  inter-
 ruption  shall  continue  until  such juvenile delinquent returns to the
 facility or authorized agency in which he or she was  placed.  Provided,
 however,  that  any  time spent by a juvenile delinquent in custody from
 the date of absence to the date  placement  resumes  shall  be  credited
 against the time of such placement provided that such custody:
   (1) was due to an arrest or surrender based upon the absence; or
   (2)  arose from an arrest or surrender on another charge which did not
 culminate in a conviction, adjudication or adjustment.
   [(c)] (F) In addition to the other requirements of  this  section,  no
 juvenile  delinquent placed with a social services district operating an
 approved juvenile justice services close to home initiative pursuant  to
 section  four  hundred  four  of  this chapter pursuant to a restrictive
 placement under the family court act shall be released  except  pursuant
 to section 353.5 of the family court act.
   11.  In  the  case  of a child who is adjudicated [a person in need of
 supervision or] a juvenile delinquent and is placed by the family  court
 with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
 who is placed by [the division for youth] SUCH OFFICE with an authorized
 agency  pursuant to court order, the social services official shall make
 expenditures in accordance with the regulations of  the  department  for
 the care and maintenance of such child during the term of such placement
 subject  to  state  reimbursement pursuant to SECTION ONE HUNDRED FIFTY-
 THREE-K OF this [title, or article nineteen-G of the  executive  law  in
 applicable cases] ARTICLE.
   12.  A  social  services  official shall be permitted to place persons
 adjudicated [in need of supervision or] delinquent[, and alleged persons
 to be in need of supervision] in detention pending transfer to a  place-
 ment, in the same foster care facilities as are providing care to desti-
 tute,  neglected, abused or abandoned children. Such foster care facili-
 ties shall not provide care to a youth in the care of a social  services
 official as a convicted juvenile offender.
   §  98-c. 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)

 S. 2006                            136                           A. 3006
 
 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] ARTI-
 CLE and the social  services  district's  child  welfare  services  plan
 submitted  and  approved pursuant to section four hundred nine-d of this
 [chapter] ARTICLE, upon a finding by such official that [(i)] the  child
 will  be  placed,  returned  to  or continued in foster care unless such
 services are provided and that it  is  reasonable  to  believe  that  by
 providing  such  services  the  child  will be able to remain with or be
 returned to his or her family, and for a former foster care youth  under
 the  age of twenty-one who was previously placed in the care and custody
 or custody and guardianship of the local commissioner of social services
 or other officer, board or department authorized to receive children  as
 public  charges where it is reasonable to believe that by providing such
 services the former foster care youth will avoid a return to foster care
 [or (ii) the child is the subject of a petition under article  seven  of
 the  family  court act, or has been determined by the assessment service
 established pursuant to section two hundred forty-three-a of the  execu-
 tive  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  peti-
 tion,  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] ARTICLE.  The commissioner
 shall promulgate regulations to  assist  social  services  officials  in
 making  determinations  of  eligibility for mandated preventive services
 pursuant to this [subparagraph] PARAGRAPH.
   § 99. Subdivision 1,  the  opening  paragraph  of  subdivision  2  and
 subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
 529-b of the executive law, as added by section 3 of subpart B of part Q
 of chapter 58 of the laws of 2011, are amended to read as follows:
   1.  (a) Notwithstanding any provision of law to the contrary, eligible
 expenditures by an eligible municipality for services to divert youth at
 risk of, alleged to be,  or  adjudicated  as  juvenile  delinquents  [or
 persons  alleged  or adjudicated to be in need of supervision], or youth
 alleged to be or convicted  as  juvenile  offenders  from  placement  in
 detention or in residential care 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
 residential care with the municipality, the municipality's reduction  in
 the  use  of  detention and residential placements, and other factors as

 S. 2006                            137                           A. 3006
 
 determined by the office. Such plan developed by  the  office  shall  be
 subject  to  the  approval  of the director of the budget. The office is
 authorized, in its discretion, to make advance distributions to a  muni-
 cipality in anticipation of state reimbursement.
   As  used in this section, the term "municipality" shall mean a county,
 or a city having a population of one million or more,  and  "supervision
 and   treatment  services  for  juveniles"  shall  mean  community-based
 services or programs designed to safely maintain youth in the  community
 pending  a  family court disposition or conviction in criminal court and
 services or programs provided to youth adjudicated  as  juvenile  delin-
 quents [or persons in need of supervision,] or youth alleged to be juve-
 nile  offenders  to  prevent  residential  placement  of such youth or a
 return to placement where such youth have been released to the community
 from residential placement OR PROGRAMS  PROVIDED  TO  YOUTH  ADJUDICATED
 PERSONS  IN  NEED  OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
 Supervision and treatment services for juveniles may include but are not
 limited to services or programs that:
   (i) an analysis that identifies the neighborhoods or communities  from
 which  the  greatest number of juvenile delinquents [and persons in need
 of supervision] are remanded to detention or  residentially  placed  AND
 FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 ARE OFFERED DIVERSION SERVICES;
   (iii)  a  description  of  how  the services and programs proposed for
 funding will reduce the number of youth from the  municipality  who  are
 detained  and  residentially  OR OTHERWISE placed; how such services and
 programs are family-focused; and whether such services and programs  are
 capable of being replicated across multiple sites;
   §  100.  The  opening paragraph and paragraph (a) of subdivision 2 and
 subdivisions 4, 5, 6 and 7 of section 530  of  the  executive  law,  the
 opening  paragraph  of  subdivision  2  and  subdivision 4 as amended by
 section 4 of subpart B of part Q of chapter 58  of  the  laws  of  2011,
 paragraph  (a)  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, subparagraphs 1, 2 and 4 of paragraph (a) and para-
 graph  (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 to
 read as follows:
   [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] SECTION 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-

 S. 2006                            138                           A. 3006
 
 quents;  adjudicated  juvenile  delinquents  held  pending transfer to a
 facility upon placement, and juvenile delinquents held at the request of
 the office of children and family services pending extension  of  place-
 ment  hearings or release revocation hearings or while awaiting disposi-
 tion of such hearings; and youth alleged to be or convicted as  juvenile
 offenders  AND,  PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND TWENTY, YOUTH
 ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED  PERSONS  IN
 NEED  OF  SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT
 IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES,  CERTIFIED  OR  APPROVED FAMILY BOARDING HOMES, AND NON-SECURE
 DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to  state
 reimbursement  for  up  to  fifty percent of the municipality's expendi-
 tures, exclusive of any federal funds made available for such  purposes,
 not  to exceed the municipality's distribution from funds that have been
 appropriated specifically therefor for that program year. Municipalities
 shall implement the use of detention risk assessment  instruments  in  a
 manner  prescribed  by  the  office so as to inform detention decisions.
 Notwithstanding any other provision of state law to the  contrary,  data
 necessary  for  completion of a detention risk assessment instrument may
 be shared among law enforcement, probation, courts,  detention  adminis-
 trators,  detention  providers,  and  the  attorney  for  the child upon
 retention or appointment; solely for the purpose of accurate  completion
 of  such  risk  assessment  instrument,  and  a  copy  of  the completed
 detention risk assessment instrument shall  be  made  available  to  the
 applicable detention provider, the attorney for the child and the court.
   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-

 S. 2006                            139                           A. 3006
 
 inal court if the person named therein as principal is  under  [sixteen]
 SEVENTEEN YEARS OF AGE; or[,]
   (1-A)  COMMENCING  ON  JANUARY  FIRST,  TWO THOUSAND TWENTY, TEMPORARY
 CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED  JUVENILE  DELIN-
 QUENTS  IN  DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, PENDING ADJUDICATION  OF  ALLEGED  DELINQUENCY  BY  THE
 FAMILY  COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED OR
 PLACED BY SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH  COURT  AFTER
 ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF
 THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR
   (2)  temporary  care,  maintenance  and  supervision provided juvenile
 delinquents in approved detention  facilities  at  the  request  of  the
 office  of children and family services pending release revocation hear-
 ings or while awaiting disposition after such hearings; or
   (3) temporary care, maintenance and supervision in approved  detention
 facilities for youth held pursuant to the family court act or the inter-
 state  compact  on juveniles, pending return to their place of residence
 or domicile[.]; OR
   (4) PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, temporary care, main-
 tenance and supervision provided youth detained in foster  care  facili-
 ties  or certified or approved family boarding homes pursuant to article
 seven of the family court act.
   (b) Payments made for reserved accommodations, whether or not in  full
 time  use,  approved  AND CERTIFIED by the office of children and family
 services [and certified pursuant to sections seven  hundred  twenty  and
 305.2  of the family court act], in order to assure that adequate accom-
 modations will be available for the immediate reception and proper  care
 therein  of youth for which detention costs are reimbursable pursuant to
 paragraph (a) of this subdivision, shall be reimbursed  as  expenditures
 for  care,  maintenance  and  supervision  under  the provisions of this
 section, provided the office shall have given  its  prior  approval  for
 reserving such accommodations.
   6.  The  [director  of  the division for youth] OFFICE OF CHILDREN AND
 FAMILY SERVICES may adopt, amend, or rescind all rules and  regulations,
 subject  to the approval of the director of the budget and certification
 to the chairmen of the  senate  finance  and  assembly  ways  and  means
 committees, necessary to carry out the provisions of this section.
   7.  The agency administering detention for each county and the city of
 New York shall submit to the office of children and family services,  at
 such  times  and in such form and manner and containing such information
 as required by the office of children and  family  services,  an  annual
 report on youth remanded pursuant to article three or seven of the fami-
 ly  court  act  who  are  detained  during each calendar year including,
 commencing January first, two thousand twelve, the risk  level  of  each
 detained  youth  as  assessed  by a detention risk assessment instrument
 approved by the office of children and family services PROVIDED,  HOWEV-
 ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER-
 EAFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE
 SUBJECT  TO  ARTICLE  SEVEN  OF  THE  FAMILY COURT ACT.   The office may
 require that such data on detention use be submitted to the office elec-
 tronically. Such report shall include, but not be limited to, the reason
 for the court's determination in accordance with section 320.5 or  seven
 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

 S. 2006                            140                           A. 3006
 
 submit a compilation of all the separate reports to the governor and the
 legislature.
   §  100-a.  Subparagraph  1  of paragraph d of subdivision 3 of section
 3214 of the education law, as amended by chapter  425  of  the  laws  of
 2002, is amended to read as follows:
   (1)  Consistent  with  the  federal  gun-free  schools act, any public
 school pupil who is determined under this subdivision to have brought  a
 firearm  to or possessed a firearm at a public school shall be suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil participating in a program operated by a  public  school  district
 using  funds from the elementary and secondary education act of nineteen
 hundred sixty-five who is determined  under  this  subdivision  to  have
 brought  a firearm to or possessed a firearm at a public school or other
 premises used by the school district to provide such programs  shall  be
 suspended  for  a period of not less than one calendar year from partic-
 ipation in such program. The procedures of this subdivision shall  apply
 to  such  a  suspension of a nonpublic school pupil. A superintendent of
 schools, district superintendent of schools or community  superintendent
 shall  have the authority to modify this suspension requirement for each
 student on a case-by-case basis. The determination of  a  superintendent
 shall  be  subject to review by the board of education pursuant to para-
 graph c of this subdivision and the  commissioner  pursuant  to  section
 three  hundred ten of this chapter. Nothing in this subdivision shall be
 deemed to authorize the suspension of a student  with  a  disability  in
 violation  of the individuals with disabilities education act or article
 eighty-nine of this chapter. A  superintendent  shall  refer  the  pupil
 under the age of sixteen who has been determined to have brought a weap-
 on  or  firearm to school in violation of this subdivision to a present-
 ment agency for a juvenile delinquency proceeding consistent with  arti-
 cle  three  of the family court act except a student fourteen or fifteen
 years of age who qualifies for juvenile offender status  under  subdivi-
 sion  forty-two  of section 1.20 of the criminal procedure law; PROVIDED
 HOWEVER, THAT COMMENCING ON JANUARY  FIRST,  TWO  THOUSAND  NINETEEN,  A
 SUPERINTENDENT  SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS
 BEEN DETERMINED TO HAVE  BROUGHT  A  WEAPON  OR  FIREARM  TO  SCHOOL  IN
 VIOLATION  OF  THIS  SUBDIVISION  TO A PRESENTMENT AGENCY FOR A JUVENILE
 DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
 ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE  OFFENDER  STATUS  UNDER
 SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
 PROVIDED  FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY,
 A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF EIGHTEEN WHO HAS
 BEEN DETERMINED TO HAVE  BROUGHT  A  WEAPON  OR  FIREARM  TO  SCHOOL  IN
 VIOLATION  OF  THIS  SUBDIVISION  TO A PRESENTMENT AGENCY FOR A JUVENILE
 DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
 ACT EXCEPT A STUDENT WHO QUALIFIES FOR JUVENILE  OFFENDER  STATUS  UNDER
 SUBDIVISION  FORTY-TWO  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. A
 superintendent shall refer any pupil sixteen years of age or older or  a
 student  fourteen  or  fifteen  years  of age who qualifies for juvenile
 offender status under subdivision forty-two of section 1.20 of the crim-
 inal procedure law, who has been determined to have brought a weapon  or
 firearm  to  school  in violation of this subdivision to the appropriate
 law enforcement officials.
   § 100-b. 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:

 S. 2006                            141                           A. 3006
 
   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 OR COMMENCING JANUARY FIRST,  TWO
 THOUSAND  TWENTY,  UNDER  EIGHTEEN  YEARS  OF AGE ordered to attend upon
 instruction 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.
   § 101. 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)  A  DEFENDANT  SIXTEEN YEARS OF AGE OR YOUNGER, WHO ALLEGEDLY
 COMMITS A CRIMINAL ACT OR VIOLATION OF HIS  OR  HER  SUPERVISION  ON  OR
 AFTER  JANUARY FIRST, TWO THOUSAND NINETEEN OR (B) A DEFENDANT SEVENTEEN
 YEARS OF AGE  OR  YOUNGER  WHO  ALLEGEDLY  COMMITS  A  CRIMINAL  ACT  OR
 VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY.
   §  102.  Subdivision 4 of section 246 of the executive law, as amended
 by section 10 of part D of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4.  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. The administration of such  addi-
 tional  grants  shall be made according to rules and regulations promul-
 gated by the commissioner of the division of criminal justice  services.
 Each  county  and  the  city  of New York shall certify the total amount
 collected pursuant to section two hundred fifty-seven-c of this chapter.
 The commissioner of the division  of  criminal  justice  services  shall
 thereupon  certify  to  the  comptroller for payment by the state out of
 funds appropriated for that purpose, the amount to which the  county  or
 the  city  of New York shall be entitled under this section. THE COMMIS-
 SIONER 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  THE CRIMINAL PROCEDURE LAW.  SUCH ADDITIONAL STATE
 AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED  PERCENT  OF
 THE  EXPENDITURES  FOR  EVIDENCE-BASED  PRACTICES  AND JUVENILE RISK AND

 S. 2006                            142                           A. 3006
 
 EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS  OF
 AGE  OR  OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED
 ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
   §  103.  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  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 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.   THE COMMISSIONER
 SHALL GRANT ADDITIONAL STATE AID  FROM  AN  APPROPRIATION  DEDICATED  TO
 JUVENILE  RISK  INTERVENTION  SERVICES COORDINATION BY PROBATION DEPART-
 MENTS WHICH SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  PROBATION  SERVICES
 PERFORMED  UNDER  ARTICLE  THREE  OF THE FAMILY COURT ACT.  THE ADMINIS-
 TRATION 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 THEREUPON CERTIFY TO THE COMPTROLLER FOR PAYMENT  BY  THE
 STATE  OUT  OF  FUNDS APPROPRIATED FOR THAT PURPOSE, THE AMOUNT TO WHICH
 THE COUNTY OR THE CITY OF NEW YORK SHALL BE ENTITLED UNDER THIS SECTION.
 THE COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE  AVAILABLE  FOR
 SUCH PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR
 A CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW.
   §  104.  The state finance law is amended by adding a new section 54-m
 to read as follows:
   § 54-M. WAIVER OF LOCAL SHARE REQUIREMENTS ASSOCIATED WITH  INCREASING
 THE  AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS. 1.  NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY THAT IS SUBJECT
 TO SECTION THREE-C OF THE GENERAL MUNICIPAL LAW MAY  APPLY  TO  THE  NEW
 YORK  STATE  DIVISION  OF  BUDGET TO REQUEST A WAIVER OF THE LOCAL SHARE
 REQUIREMENT OF ANY EXPENSE THAT IT WOULD  NOT  HAVE  OTHERWISE  INCURRED
 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.
   2. REQUEST FOR A WAIVER PURSUANT TO THIS SECTION SHALL BE MADE IN  THE
 TIME AND MANNER AS REQUIRED BY THE DIVISION OF BUDGET, AND MUST CONTAIN,
 AT MINIMUM:
   (A) A DEMONSTRATION OF FISCAL HARDSHIP;
   (B) A CERTIFICATION FROM THE CHIEF EXECUTIVE OFFICER OR BUDGET OFFICER
 OF  SUCH  COUNTY  TO  THE  STATE  BUDGET DIRECTOR THAT THE COUNTY'S MOST
 RECENTLY ADOPTED BUDGET DOES NOT EXCEED THE TAX LEVY LIMIT PRESCRIBED IN
 SECTION THREE-C OF THE GENERAL MUNICIPAL LAW AND, IF THE GOVERNING  BODY
 OF THE COUNTY DID ENACT A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT, THAT

 S. 2006                            143                           A. 3006
 
 SUCH  LOCAL  LAW  WAS SUBSEQUENTLY REPEALED; SUCH CERTIFICATION SHALL BE
 MADE IN A FORM AND MANNER PRESCRIBED BY THE STATE BUDGET DIRECTOR;
   (C)  A  PLAN  DEVELOPED  BY  THE COUNTY THAT SHOWS HOW THE COUNTY WILL
 APPROPRIATELY IMPLEMENT THE REQUIREMENTS OF THE CHAPTER OF THE  LAWS  OF
 TWO  THOUSAND  SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION
 ABOVE FIFTEEN YEARS OF AGE;
   (D) THE SPECIFIC EXPENSES AND ASSOCIATED LOCAL SHARE OF SUCH  EXPENSES
 THAT THE COUNTY IS SEEKING A WAIVER FOR; AND
   (E)  ANY  OTHER  INFORMATION  THAT  MAY BE REQUIRED BY THE DIVISION OF
 BUDGET.
   3. IN DECIDING WHETHER TO GRANT APPROVAL  OF  A  WAIVER  REQUEST  MADE
 PURSUANT  TO THIS SECTION, THE DIVISION OF BUDGET SHALL CONSULT WITH THE
 APPLICABLE STATE AGENCY OR AGENCIES THAT OVERSEE THE SERVICES FOR  WHICH
 THE COUNTY IS SEEKING A WAIVER OF ITS LOCAL SHARE.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 STATE ASSISTANCE GRANTED IN ASSOCIATION WITH A WAIVER ISSUED PURSUANT TO
 THIS SECTION SHALL BE SUBJECT TO AN APPROPRIATION AND SHALL ONLY BE MADE
 TO THE EXTENT THAT FUNDS ARE AVAILABLE SPECIFICALLY THEREFOR.
   § 105. Severability. If any clause, sentence, paragraph,  subdivision,
 section  or  part contained in any part of this act shall be adjudged by
 any court of competent jurisdiction to be invalid, such  judgment  shall
 not  affect,  impair,  or invalidate the remainder thereof, but shall be
 confined in its operation to the clause, sentence,  paragraph,  subdivi-
 sion, section or part contained in any part thereof directly involved in
 the  controversy  in which such judgment shall have been rendered. It is
 hereby declared to be the intent of the legislature that this act  would
 have  been enacted even if such invalid provisions had not been included
 herein.
   § 106. This act shall take effect immediately; provided that:
   a. sections forty-eight and  forty-eight-a  of  this  act  shall  take
 effect  on  the  one hundred and eightieth day after this act shall have
 become a law and shall be deemed to apply to  offenses  committed  prior
 to, on, or after such effective date;
   b.  sections  one  through  forty-one, forty-four through forty-seven,
 forty-nine, fifty-four through seventy-two, seventy-four through eighty,
 one hundred-a, one hundred-b and one hundred one of this act shall  take
 effect  January  1, 2019; provided, however, that when the applicability
 of such provision is dependent on the age of the youth that  is  alleged
 or  adjudicated  to have been committed or is convicted of a crime or an
 act that would constitute a crime if committed by an adult:
   (i) effective January 1, 2019, such  provisions  shall  be  deemed  to
 apply to youth who have been alleged to have committed, adjudicated for,
 or  convicted  of,  an  offense that occurred on or after such effective
 date and who were 16 years of age at the time the offense occurred, and
   (ii) effective January 1, 2020, such provisions  shall  be  deemed  to
 apply to youth who have been alleged to have committed, adjudicated for,
 or  convicted  of,  an  offense that occurred on or after such effective
 date and who were seventeen years  of  age  at  the  time  such  offense
 occurred;
   c.  sections  ninety-eight-a  and one hundred two and one hundred four
 shall take effect April 1, 2018;
   d. sections eighty-three through  ninety-eight  and  sections  ninety-
 eight-b  through  one  hundred  of this act shall take effect January 1,
 2020 and shall be deemed to be applicable to the detention or  placement
 of  youth  pursuant  to petitions filed pursuant to article seven of the
 family court act on or after such effective date;

 S. 2006                            144                           A. 3006
 
   e. sections forty-two and forty-three of this act  shall  take  effect
 January 1, 2021;
   f.  the  amendments to subdivision 1 of section 70.20 of the penal law
 made by section forty-two of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith;
   g. the amendments to paragraph d of subdivision 3 of section  3214  of
 the  education  law  made by section one hundred-a of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith;
   h.  the  amendments  to  subdivision  4 of section 353.5 of the family
 court act made by section seventy-two of this act shall  be  subject  to
 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,
 when  upon such date the provisions of section seventy-three of this act
 shall take effect; provided, however if such date of reversion is  prior
 to  January 1, 2019, section seventy-three of this act shall take effect
 on January 1, 2019;
   i.  the amendments to subdivision 3-a of section  398  of  the  social
 services law made by section ninety-eight-b of this act shall not affect
 the  expiration  of such subdivision and shall be deemed repealed there-
 with;
   j. the amendments to subparagraph (ii) of paragraph (a) of subdivision
 1 of section 409-a of the social services law made  by  section  ninety-
 eight-c of this act shall not affect the expiration of such subparagraph
 and shall be deemed to expire therewith;
   k.  the amendments to the second undesignated paragraph of subdivision
 4 of section 246 of the executive law made by section one hundred two of
 this act shall be subject to the expiration and reversion of such undes-
 ignated paragraph as provided in subdivision  (aa)  of  section  427  of
 chapter  55 of the laws of 1992, as amended, when upon such date section
 one hundred three of this act shall take effect;  provided,  however  if
 such  date  of  reversion is prior to April 1, 2018, section one hundred
 three of this act shall take effect on April 1, 2018;
   l. the amendments to paragraph (f) of subdivision 1 of  section  70.30
 of  the  penal  law  made  by section forty-four-a of this act shall not
 affect the expiration and reversion of such paragraph and  shall  expire
 and be deemed repealed therewith; and
   m.  if  chapter 492 of the laws of 2016 shall not have taken effect on
 or before such date then section sixteen 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.
 
                                  PART K
 
   Section 1. This part enacts into law major components  of  legislation
 which are necessary for the financing of various child welfare services.
 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.

 S. 2006                            145                           A. 3006
 
                                 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
 
   Section  1.  Subdivision 10 of section 153 of the social services law,
 as amended by section 2 of part O of chapter 58 of the laws of 2011,  is
 amended to read as follows:
   10.  Expenditures  made  by a social services district for the mainte-
 nance of children with disabilities, placed by school districts,  pursu-
 ant  to  section  forty-four hundred five of the education law shall, if
 approved by the office of children and family services,  be  subject  to
 eighteen  and four hundred twenty-four thousandths percent reimbursement
 by the state and thirty-eight and four hundred  twenty-four  thousandths
 percent  reimbursement  by  school districts, EXCEPT FOR SOCIAL SERVICES
 DISTRICTS LOCATED WITHIN A CITY WITH A  POPULATION  OF  ONE  MILLION  OR
 MORE,  WHERE  SUCH  EXPENDITURES SHALL BE SUBJECT TO FIFTY-SIX AND EIGHT
 HUNDRED FORTY-EIGHT THOUSANDTHS  PERCENT  REIMBURSEMENT  BY  THE  SCHOOL
 DISTRICT,  in  accordance with paragraph c of subdivision one of section
 forty-four hundred five of the  education  law,  after  first  deducting
 therefrom  any  federal  funds  received or to be received on account of
 such expenditures, except that in the case  of  a  student  attending  a
 state-operated  school for the deaf or blind pursuant to article eighty-
 seven or eighty-eight of the education law who was not  placed  in  such
 school  by a school district such expenditures shall be subject to fifty
 percent reimbursement by the state after first deducting  therefrom  any
 federal funds received or to be received on account of such expenditures
 and  there  shall be no reimbursement by school districts. Such expendi-
 tures shall not be subject to the  limitations  on  state  reimbursement

 S. 2006                            146                           A. 3006
 
 contained  in  subdivision  two  of section one hundred fifty-three-k of
 this title. In the event of the failure of the school district  to  make
 the  maintenance payment pursuant to the provisions of this subdivision,
 the  state  comptroller  shall  withhold state reimbursement to any such
 school district in an amount equal to the unpaid obligation for  mainte-
 nance and pay over such sum to the social services district upon certif-
 ication  of  the  commissioner  of  the  office  of  children and family
 services and the commissioner of education that such funds  are  overdue
 and  owed  by  such school district.   The commissioner of the office of
 children and family services, in consultation with the  commissioner  of
 education,  shall  promulgate regulations to implement the provisions of
 this subdivision.
   § 2. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a) Notwithstanding the provisions of this chapter or of any other law
 to the contrary, eligible expenditures by a social services district for
 foster  care services shall be subject to reimbursement with state funds
 only to the extent of annual appropriations to  the  state  foster  care
 block  grant.  Such  foster care services shall include expenditures for
 the provision and administration of: care, maintenance, supervision  and
 tuition;  supervision  of foster children placed in federally funded job
 corps programs; and care, maintenance, supervision and tuition for adju-
 dicated juvenile delinquents and persons in need of  supervision  placed
 in  residential  programs operated by authorized agencies and in out-of-
 state residential  programs;  EXCEPT  THAT,  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, REIMBURSEMENT WITH STATE FUNDS PURSU-
 ANT TO THE STATE FOSTER CARE BLOCK GRANT  SHALL  NOT  BE  AVAILABLE  FOR
 TUITION  EXPENDITURES  FOR FOSTER CHILDREN, INCLUDING PERSONS IN NEED OF
 SUPERVISION AND ADJUDICATED  JUVENILE  DELINQUENTS,  MADE  BY  A  SOCIAL
 SERVICES  DISTRICT  LOCATED  WITHIN  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE.  Social services districts must develop  and  implement
 children  and  family  services  delivery  systems  that are designed to
 reduce the need for and the length of foster care  placements  and  must
 document  their efforts in the multi-year consolidated services plan and
 the annual implementation reports submitted pursuant to section  thirty-
 four-a of this chapter.
   §  3.  Paragraph  c  of subdivision 1 of section 4405 of the education
 law, as amended by section 1 of part O of chapter  58  of  the  laws  of
 2011, is amended to read as follows:
   c. Expenditures made by a social services district for the maintenance
 of  a  child  with a disability placed in a residential school under the
 provisions of this article, including a child with a  disability  placed
 by  a  school  district  committee on special education pursuant to this
 article in a special act school district, or a state school  subject  to
 the  provisions  of articles eighty-seven and eighty-eight of this chap-
 ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four
 thousandths  percent]  reimbursement  by  the child's school district of
 residence pursuant to the provisions of subdivision ten of  section  one
 hundred  fifty-three  of  the  social  services  law. The amount of such
 reimbursement shall be a charge upon such school district of residence.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to subdivision 10 of section 153 of the social services
 law made by section one of this act shall not affect the  expiration  of
 such  subdivision and shall expire therewith; and the amendments made to
 paragraph (a) of subdivision 2 of section 153-k of the  social  services

 S. 2006                            147                           A. 3006
 
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.
   §  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.
 
                                  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

 S. 2006                            148                           A. 3006
 
 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;
   (III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED FOR ADDITIONAL
 PERIODS  OF  TIME  IN ACCORDANCE WITH ANY OF THE FOLLOWING PROVISIONS OF
 THIS CHAPTER:
   (A) PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-B;
   (B)  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY-
 TWO-B; OR
   (C) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D; AND
   (IV)  REQUIRE THAT ANOTHER DESIGNATED PERSON OR ENTITY, IN ADDITION TO
 THE APPLICABLE RUNAWAY AND HOMELESS YOUTH SERVICE  COORDINATOR,  APPROVE
 ANY EXIGENT CIRCUMSTANCE REQUEST AS SUCH TERM IS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THIS CHAPTER, MADE TO THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   (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 two new subdivisions  9  and  10  are
 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

 S. 2006                            149                           A. 3006
 
 "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".
   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  THAT  ARE  IN  CRISIS,  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  THAT ARE IN CRISIS, in accordance with the APPLICABLE regulations
 of the office of temporary and disability assistance and the  office  of
 children and family 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.
   10.  "EXIGENT  CIRCUMSTANCE  REQUEST"  SHALL  MEAN A REQUEST MADE BY A
 MUNICIPALITY TO THE OFFICE OF CHILDREN AND FAMILY SERVICES TO APPROVE:

 S. 2006                            150                           A. 3006
 
   (A) AN ADDITIONAL LENGTH OF STAY IN:
   (I)  A RUNAWAY AND HOMELESS YOUTH CRISIS PROGRAM PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION TWO OF SECTION  FIVE  HUNDRED  THIRTY-TWO-B  OF  THIS
 ARTICLE; OR
   (II)  A  TRANSITIONAL INDEPENDENT LIVING PROGRAM PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION  FIVE  HUNDRED  THIRTY-TWO-D  OF  THIS
 ARTICLE; OR
   (B)  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 ARTICLE.
   §  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:
   § 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; 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.

 S. 2006                            151                           A. 3006
 
   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-
 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 UPON THE APPROVAL
 OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS
 OR HER DESIGNEE UPON WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES
 THAT  MAKE THE ADDITIONAL LENGTH OF STAY NECESSARY; THE DILIGENT EFFORTS
 THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE  ALTERNATIVE  LIVING
 ARRANGEMENTS  FOR SUCH YOUTH; AND THE APPROVAL FOR THE ADDITIONAL LENGTH
 OF STAY  FROM  THE  APPLICABLE  MUNICIPAL  RUNAWAY  AND  HOMELESS  YOUTH
 SERVICES  COORDINATOR  AND  ANY OTHER INDIVIDUAL OR ENTITY DESIGNATED IN
 THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   § 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

 S. 2006                            152                           A. 3006
 
 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.
   (II)  PROVIDED,  HOWEVER,  THAT  SHELTER MAY BE PROVIDED TO A HOMELESS
 YOUTH UNDER THE AGE OF SIXTEEN UPON THE APPROVAL OF THE COMMISSIONER  OF
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNEE UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT WARRANT SHELTER
 BEING PROVIDED TO THE YOUTH BASED ON CONSIDERATION OF THE  YOUTH'S  AGE;
 THE DILIGENT EFFORTS THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE
 ALTERNATIVE  LIVING  ARRANGEMENTS  FOR  SUCH YOUTH; AND APPROVAL FOR THE
 YOUTH TO BE SHELTERED IN THE PROGRAM FROM THE APPLICABLE MUNICIPAL RUNA-
 WAY AND HOMELESS YOUTH COORDINATOR AND ANY OTHER  INDIVIDUAL  OR  ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   (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, UPON APPROVAL OF THE COMMISSIONER OF
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR HER  DESIGNEE  UPON
 WRITTEN  DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT MAKE THE ADDI-
 TIONAL LENGTH OF STAY NECESSARY; THE DILIGENT  EFFORTS  THAT  HAVE  BEEN
 MADE BY THE PROGRAM TO FIND SUITABLE ALTERNATIVE LIVING ARRANGEMENTS FOR
 SUCH YOUTH; AND APPROVAL FROM THE APPLICABLE MUNICIPAL RUNAWAY AND HOME-
 LESS  YOUTH  SERVICES  COORDINATOR,  AND  ANY OTHER INDIVIDUAL OR ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN;
   [(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

 S. 2006                            153                           A. 3006
 
 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;
   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; 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

 S. 2006                            154                           A. 3006
 
 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;
   (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.

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   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.
   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
 
   Section  1. Subdivision 1 of section 131-r of the social services law,
 as added by chapter 81 of the laws of 1995 and as designated by  chapter
 340 of the laws of 2003, is amended to read as follows:
   1.    Any person who is receiving or has received, within the previous
 ten years, public assistance pursuant to the provisions of this article,
 and who wins a lottery prize of six hundred dollars or more shall  reim-
 burse  the  department from the winnings, for all such public assistance
 benefits paid to such person during the previous ten  years[;  provided,
 however,  that such crediting to the department shall in no event exceed
 fifty percent of the amount of  the  lottery  prize].  The  commissioner
 shall enter into an agreement with the director of the lottery, pursuant
 to  section sixteen hundred thirteen-b of the tax law, for the crediting
 of lottery prizes against public  assistance  benefits.  Nothing  herein
 shall limit the ability of a social services district to make recoveries

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 pursuant  to  section  [104]  ONE  HUNDRED  FOUR  or section [106-b] ONE
 HUNDRED SIX-B of this chapter.
   § 2. Subdivisions 1 and 3 of section 1613-b of the tax law, as amended
 by chapter 601 of the laws of 2007, are amended to read as follows:
   (1) Notwithstanding any limitations in section one hundred four of the
 social services law, the director of the lottery, on behalf of the divi-
 sion  of  the  lottery,  shall  enter  into a written agreement with the
 commissioner of the office of temporary and  disability  assistance,  on
 behalf of the office of temporary and disability assistance, which shall
 set  forth the procedures for crediting any lottery prize of six hundred
 dollars or more awarded to an individual  against  any  and  all  public
 assistance  benefits which were given to or on behalf of such individual
 within a period of up to ten years prior to the issuance of  such  prize
 of  which  the  director of the lottery has been notified by the commis-
 sioner of the office of temporary and disability assistance pursuant  to
 the  provisions  of such agreement[; provided, however, that in no event
 shall such credit to the office of temporary and  disability  assistance
 exceed  fifty  percent  of  any such lottery prize and provided further]
 that, unless otherwise determined cost effective by the commissioner  of
 the  office  of  temporary and disability assistance and the director of
 the lottery such procedure shall be required only to the extent that and
 with respect to periods for which it can be effected  through  automated
 type match.
   (3)  Prior  to  awarding  any  lottery prize of six hundred dollars or
 more, the division of the lottery shall review the notice  of  liability
 of  public  assistance benefits paid provided by the office of temporary
 and disability assistance. For each lottery prize winner  identified  on
 such  notice  as an individual, who is receiving or has received, within
 the last ten years, public assistance  benefits,  the  lottery  division
 shall  credit  to the office of temporary and disability assistance such
 amount of the prize to satisfy the amount of public assistance  benefits
 indicated  as  received within the previous ten years, and any remainder
 shall be awarded to the prize winner[; provided,  however,  that  in  no
 event  shall  such  credit  to  the  office  of temporary and disability
 assistance exceed fifty percent of any such lottery prize].
   § 3. This act shall take effect July 1, 2017.
 
                                  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
 to the sum of the amounts set forth in subparagraphs one and two of this
 paragraph:

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   (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
 
   Section 1. Section 412 of the social services law is amended by adding
 a new subdivision 9 to read as follows:

 S. 2006                            158                           A. 3006
 
   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
 developmental  disabilities  except family care homes[,]; licensed child
 day care centers, including head start programs which are funded  pursu-

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 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,
 OR VOLUNTEER AND PROVIDE SUCH FINGERPRINTS TO THE DIVISION  OF  CRIMINAL

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 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 AN 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
 RIGHT  TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH

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 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.

 S. 2006                            162                           A. 3006

                                  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 eight million four hundred seventy-
 nine 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

 S. 2006                            163                           A. 3006
 
 the housing trust fund corporation, for the purposes of reimbursing  any
 costs   associated  with  neighborhood  preservation  program  contracts
 authorized by this section, a total sum not to exceed eight million four
 hundred seventy-nine thousand dollars, such transfer to be made from (i)
 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 three million five hundred thirty-nine
 thousand dollars for the fiscal year ending March 31,  2018.    Notwith-
 standing  any other provision of law, and subject to the approval of the
 New York state director of the budget, the board  of  directors  of  the
 state  of  New  York mortgage agency shall authorize the transfer to the
 housing trust fund corporation, for  the  purposes  of  reimbursing  any
 costs associated with rural preservation program contracts authorized by
 this section, a total sum not to exceed three million five hundred thir-
 ty-nine  thousand dollars, such transfer to be made from (i) the special
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the  public  authorities law, in an amount not to exceed the
 actual excess balance in the special account of the  mortgage  insurance
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 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  thirty-six  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 rural and urban community investment fund program contracts author-
 ized  by  this  section,  a  total  sum not to exceed thirty-six 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

 S. 2006                            164                           A. 3006
 
 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.
   §  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
 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

 S. 2006                            165                           A. 3006
 
 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. This act shall take effect immediately.
 
                                  PART S
 
   Section  1.  The section heading of section 421-a of the real property
 tax law, as amended by chapter 857 of the laws of 1975 and such  section
 as  renumbered by chapter 110 of the laws of 1977, is amended to read as
 follows:
   [Exemption of new multiple dwellings from local taxation.]  AFFORDABLE
 NEW YORK HOUSING PROGRAM.
   § 2. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 10 of
 section  421-a of the real property tax law, as amended by chapter 15 of
 the laws of 2008, are amended to read as follows:
   (i) all rent stabilization registrations required to be  filed  on  or
 after  January  first,  two  thousand  eight shall contain a designation
 which identifies all units that are subject to the  provisions  of  this
 section  as  "[421-a]  AFFORDABLE  NEW  YORK  HOUSING PROGRAM units" and
 specifically  identifies  affordable  units  created  pursuant  to  this
 section  and units which are required to be occupied by persons or fami-
 lies who meet specified income limits pursuant to the  provisions  of  a
 local  law  enacted  pursuant to this section as "[421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM affordable units" and shall contain an  explanation
 of  the  requirements  that apply to all such units. The owner of a unit

 S. 2006                            166                           A. 3006
 
 that is subject to the provisions of this section shall, in addition  to
 complying with the requirements of section 26-517 of the rent stabiliza-
 tion  law,  file a copy of the rent registration for each such unit with
 the local housing agency;
   (iii) the local housing agency shall create a report which, at a mini-
 mum,  contains  the  following  information  for  every  building  which
 receives benefits pursuant to this section:  address,  commencement  and
 termination  date  of  the  benefits, total number of residential units,
 number of "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM units" and number
 of "[421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM  affordable  units",
 apartment  number  or  other  designation of such units and the rent for
 each of such units. The local housing agency with the cooperation of the
 division of housing and community renewal  shall  maintain,  and  update
 such  report no less than annually, with information secured from annual
 registrations. Such reports shall be available for public inspection  in
 a  form  that  assigns  a unique designation to each unit other than its
 actual apartment number to maintain the privacy of such information; and
   § 3. Subdivision 16 of section 421-a of the real property tax law,  as
 added  by  section  63-c of part A of chapter 20 of the laws of 2015, is
 amended to read as follows:
   16. (a) Definitions. For the purposes of this subdivision:
   (i) "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits" shall  mean
 exemption from real property taxation pursuant to this subdivision.
   (ii)  "Affordability  option  A"  shall mean that, within any eligible
 site:  (A) not less than ten percent of the dwelling units are  afforda-
 ble  housing  forty  percent  units; (B) not less than an additional ten
 percent of the dwelling  units  are  affordable  housing  sixty  percent
 units;  (C)  not  less  than  an additional five percent of the dwelling
 units are affordable housing one hundred thirty percent units;  and  (D)
 such  eligible  site  is developed without the substantial assistance of
 grants, loans or subsidies provided by a federal, state or local govern-
 mental agency or instrumentality pursuant to a program for the  develop-
 ment  of  affordable housing, except that such eligible site may receive
 tax exempt bond proceeds and four percent tax credits.
   (iii) "Affordability option B" shall mean that,  within  any  eligible
 site, (A) not less than ten percent of the dwelling units are affordable
 housing seventy percent units, and (B) not less than an additional twen-
 ty  percent  of  the  dwelling  units are affordable housing one hundred
 thirty percent units.
   (iv) "Affordability option C" shall mean  that,  within  any  eligible
 site  excluding  the geographic area south of ninety-sixth street in the
 borough of Manhattan, and all other geographic areas in the city of  New
 York excluded pursuant to local law, (A) not less than thirty percent of
 the  dwelling  units  are  affordable housing one hundred thirty percent
 units, and (B) such eligible site is developed without  the  substantial
 assistance of grants, loans or subsidies provided by a federal, state or
 local  governmental  agency or instrumentality pursuant to a program for
 the development of affordable housing.
   (v) "Affordability option D"  shall  only  apply  to  a  homeownership
 project, of which one hundred percent of the units shall have an average
 assessed  value not to exceed sixty-five thousand dollars upon the first
 assessment following the completion date and where  each  owner  of  any
 such unit shall agree, in writing, to maintain such unit as their prima-
 ry  residence  for  no less than five years from the acquisition of such
 unit.

 S. 2006                            167                           A. 3006
 
   (VI) "AFFORDABILITY OPTION E" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 SITE  WITHIN  THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST OF
 NO LESS THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A)  NOT  LESS
 THAN  TEN  PERCENT  OF  THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING
 FORTY  PERCENT UNITS; (B) NOT LESS THAN AN ADDITIONAL TEN PERCENT OF THE
 RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING SIXTY  PERCENT  UNITS;  (C)
 NOT  LESS  THAN  AN ADDITIONAL FIVE PERCENT OF THE RENTAL DWELLING UNITS
 ARE AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNITS;  AND  (D)  SUCH
 ELIGIBLE SITE IS DEVELOPED WITHOUT THE SUBSTANTIAL ASSISTANCE OF GRANTS,
 LOANS  OR  SUBSIDIES  PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL
 AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE  DEVELOPMENT  OF
 AFFORDABLE  HOUSING,  EXCEPT  THAT  SUCH  ELIGIBLE  SITE MAY RECEIVE TAX
 EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX CREDITS.
   (VII) "AFFORDABILITY OPTION F" SHALL MEAN THAT,  WITHIN  ANY  ELIGIBLE
 SITE  WITHIN  THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST OF
 NO LESS THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A)  NOT  LESS
 THAN  TEN  PERCENT  OF  THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING
 SEVENTY PERCENT UNITS; AND  (B)  NOT  LESS  THAN  AN  ADDITIONAL  TWENTY
 PERCENT  OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE HUNDRED
 THIRTY PERCENT UNITS.
   (VIII) "AFFORDABILITY OPTION G" SHALL MEAN THAT, WITHIN  ANY  ELIGIBLE
 SITE  LOCATED  WITHIN  THE  BROOKLYN  ENHANCED AFFORDABILITY AREA OR THE
 QUEENS ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST  OF  NO  LESS
 THAN  THREE  HUNDRED  RENTAL  DWELLING  UNITS OF WHICH (A) NOT LESS THAN
 THIRTY PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING  ONE-
 HUNDRED  THIRTY  PERCENT  UNITS; AND (B) SUCH ELIGIBLE SITE IS DEVELOPED
 WITHOUT  THE  SUBSTANTIAL  ASSISTANCE  OF  GRANTS,  LOANS  OR  SUBSIDIES
 PROVIDED  BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMEN-
 TALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
   [(vi)] (IX) "Affordability percentage"  shall  mean  a  fraction,  the
 numerator  of  which  is  the  number  of affordable housing units in an
 eligible site and the denominator of which is the total number of dwell-
 ing units in such eligible site.
   [(vii)] (X) "Affordable housing  forty  percent  unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed forty percent of the area  median  income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   [(viii)] (XI) "Affordable housing sixty percent  unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed sixty percent of the area  median  income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   [(ix)] (XII) "Affordable housing seventy percent unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted

 S. 2006                            168                           A. 3006
 
 to  occupancy by individuals or families whose household income does not
 exceed seventy percent of the area median income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   (XIII) "AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNIT" SHALL MEAN
 A DWELLING UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH
 AFFORDABLE  NEW  YORK HOUSING PROGRAM BENEFITS ARE GRANTED; AND (B) UPON
 INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A  VACANCY
 DURING  THE RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCU-
 PANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT  EXCEED
 ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI-
 LY  SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELL-
 ING UNIT.
   [(x)] (XIV) "Affordable housing one hundred thirty percent unit" shall
 mean a dwelling unit that: (A) is situated within the eligible site  for
 which  [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits are granted;
 and (B) upon initial rental and upon each subsequent rental following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  one  hundred  thirty percent of the area median income, adjusted
 for family size, at the time that such household initially occupies such
 dwelling unit.
   [(xi)] (XV) "Affordable housing unit"  shall  mean,  collectively  and
 individually, affordable housing forty percent units, affordable housing
 sixty  percent units, affordable housing seventy percent units, AFFORDA-
 BLE HOUSING ONE HUNDRED TWENTY PERCENT UNITS and affordable housing  one
 hundred thirty percent units.
   [(xii)]  (XVI) "Agency" shall mean the department of housing preserva-
 tion and development.
   [(xiii)] (XVII) "Application" shall mean an  application  for  [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xiv)]  (XVIII)  "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO
 THE AGGREGATE AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO,  OR
 ON  BEHALF OF, CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE
 AGGREGATE NUMBER OF HOURS OF CONSTRUCTION WORK.
   (XIX) "BROOKLYN ENHANCED AFFORDABILITY AREA" SHALL MEAN ANY  TAX  LOTS
 NOW  EXISTING  OR  HEREAFTER  CREATED  WHICH ARE LOCATED ENTIRELY WITHIN
 COMMUNITY BOARDS ONE AND TWO OF THE  BOROUGH  OF  BROOKLYN  BOUNDED  AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 OF  INTERSECTION  OF  THE  CENTERLINE  OF NEWTOWN CREEK AND THE WESTERLY
 BOUNDS OF THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE  CENTERLINE  OF
 NEWTOWN  CREEK,  SAID  CENTERLINE ALSO BEING THE BOUNDARY BETWEEN QUEENS
 COUNTY TO THE NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE  POINT
 OF  INTERSECTION  WITH  GREENPOINT  AVENUE;  THENCE  SOUTHWESTERLY ALONG
 GREENPOINT AVENUE, TO THE INTERSECTION WITH KINGS  LAND  AVENUE;  THENCE
 SOUTHERLY ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH MEEKER AVENUE;
 THENCE  SOUTHWESTERLY  ALONG  MEEKER  AVENUE  TO  THE  INTERSECTION WITH
 LEONARD STREET; THENCE SOUTHERLY ALONG  LEONARD  STREET  TO  THE  INTER-
 SECTION  WITH  METROPOLITAN  AVENUE;  THENCE WESTERLY ALONG METROPOLITAN
 AVENUE TO THE INTERSECTION WITH LORIMER STREET; THENCE  SOUTHERLY  ALONG
 LORIMER STREET TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY
 ALONG  MONTROSE  AVENUE  TO  THE  INTERSECTION WITH UNION AVENUE; THENCE
 SOUTHERLY ALONG UNION AVENUE TO THE INTERSECTION  WITH  JOHNSON  AVENUE;
 THENCE  WESTERLY ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY;
 THENCE NORTHWESTERLY ALONG BROADWAY TO THE  INTERSECTION  WITH  RUTLEDGE

 S. 2006                            169                           A. 3006
 
 STREET;  THENCE  SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION
 WITH KENT AVENUE AND CLASSON AVENUE; THENCE SOUTHWESTERLY AND  SOUTHERLY
 ALONG  CLASSON  AVENUE  TO  THE  INTERSECTION WITH DEKALB AVENUE; THENCE
 WESTERLY  ALONG  DEKALB  AVENUE  TO  THE  INTERSECTION WITH BOND STREET;
 THENCE SOUTHWESTERLY ALONG BOND STREET TO THE INTERSECTION WITH  WYCKOFF
 STREET;  THENCE  NORTHWESTERLY  ALONG WYCKOFF STREET TO THE INTERSECTION
 WITH HOYT STREET; THENCE SOUTHWESTERLY ALONG HOYT STREET TO  THE  INTER-
 SECTION  WITH WARREN STREET; THENCE NORTHWESTERLY ALONG WARREN STREET TO
 THE INTERSECTION WITH COURT STREET;  THENCE  NORTHEASTERLY  ALONG  COURT
 STREET  TO  THE  INTERSECTION WITH ATLANTIC AVENUE; THENCE NORTHWESTERLY
 ALONG ATLANTIC AVENUE, CROSSING UNDER  THE  BROOKLYN  QUEENS  EXPRESSWAY
 (AKA INTERSTATE 278), TO THE TERMINUS OF ATLANTIC AVENUE AT THE BROOKLYN
 BRIDGE  PARK/PIER  6;  THENCE NORTHWESTERLY PASSING THROUGH THE BROOKLYN
 BRIDGE PARK TO THE BULKHEAD OF THE EAST RIVER AT PIER  6;  THENCE  IN  A
 GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE
 OF  THE  EAST  RIVER  TO THE INTERSECTION WITH THE CENTERLINE OF NEWTOWN
 CREEK, AND THE POINT OR PLACE OF BEGINNING.
   (XX) "Building service employee" shall mean any person who is regular-
 ly employed at, and performs work in connection with the care or mainte-
 nance of, an eligible site, including, but not limited to,  a  watchman,
 guard,  doorman,  building cleaner, porter, handyman, janitor, gardener,
 groundskeeper, elevator operator and starter, and  window  cleaner,  but
 not including persons regularly scheduled to work fewer than eight hours
 per week at the eligible site.
   [(xv)]  (XXI)  "Commencement  date"  shall  mean,  with respect to any
 eligible  multiple  dwelling,  the  date  upon  which   excavation   and
 construction of initial footings and foundations lawfully begins in good
 faith  or,  for  an  eligible conversion, the date upon which the actual
 construction of the conversion, alteration or improvement of the pre-ex-
 isting building or structure lawfully begins in good faith.
   [(xvi)] (XXII) "Completion date"  shall  mean,  WITH  RESPECT  TO  ANY
 ELIGIBLE  MULTIPLE DWELLING, the date upon which the local department of
 buildings issues the first temporary or permanent certificate  of  occu-
 pancy covering all residential areas of an eligible multiple dwelling.
   [(xvii)] (XXIII) "Construction period" shall mean, with respect to any
 eligible  multiple dwelling, a period: (A) beginning on the later of the
 commencement date of such eligible  multiple  dwelling  or  three  years
 before  the  completion date of such eligible multiple dwelling; and (B)
 ending on the day preceding the completion date of such eligible  multi-
 ple dwelling.
   (XXIV) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED
 ON  AN  ELIGIBLE  SITE  BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION
 DATE, WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO  INITIALLY
 FORM,  MAKE  OR  BUILD  AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT
 LIMITATION, PAINTING, OR PROVIDING OF MATERIAL,  ARTICLES,  SUPPLIES  OR
 EQUIPMENT  IN  THE  ELIGIBLE  MULTIPLE  DWELLING, BUT EXCLUDING SECURITY
 PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (XXV)  "CONSTRUCTION  WORKERS"  SHALL  MEAN  ALL  PERSONS   PERFORMING
 CONSTRUCTION WORK WHO (A) ARE PAID ON AN HOURLY BASIS AND (B) ARE NOT IN
 A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (XXVI)  "CONTRACTOR  CERTIFIED  PAYROLL REPORT" SHALL MEAN AN ORIGINAL
 PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE  INDE-
 PENDENT  MONITOR  SETTING  FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
 CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF  CONSTRUCTION  WORK
 PERFORMED  BY  CONSTRUCTION  WORKERS,  THE  AMOUNT OF WAGES AND EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.

 S. 2006                            170                           A. 3006
 
   [(xviii)] (XXVII) "Eligible conversion"  shall  mean  the  conversion,
 alteration  or  improvement  of  a  pre-existing  building  or structure
 resulting in a multiple  dwelling  in  which  no  more  than  forty-nine
 percent  of  the  floor  area  consists of such pre-existing building or
 structure.
   [(xix)]  (XXVIII)  "Eligible  multiple dwelling" shall mean a multiple
 dwelling, INCLUDING A PORTION OF A MULTIPLE DWELLING,  or  homeownership
 project  containing  six  or  more  dwelling  units  created through new
 construction or eligible conversion for which the commencement  date  is
 after  December thirty-first, two thousand fifteen and on or before June
 fifteenth,  two  thousand  [nineteen]  TWENTY-TWO,  and  for  which  the
 completion  date  is  on or before June fifteenth, two thousand [twenty-
 three] TWENTY-SIX.
   [(xx)] (XXIX) "Eligible  site"  shall  mean  either:  (A)  a  tax  lot
 containing an eligible multiple dwelling; or (B) a zoning lot containing
 two or more eligible multiple dwellings that are part of a single appli-
 cation.
   (XXX)  "EMPLOYEE  BENEFITS"  SHALL  MEAN ALL SUPPLEMENTAL COMPENSATION
 PAID BY THE EMPLOYER, ON BEHALF  OF  CONSTRUCTION  WORKERS,  OTHER  THAN
 WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE
 INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISA-
 BILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSUR-
 ANCE  AND  APPRENTICESHIP  TRAINING.  THE VALUE OF ANY EMPLOYEE BENEFITS
 RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY  COST  TO  THE
 EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (XXXI) "ENHANCED AFFORDABILITY AREA" SHALL MEAN THE MANHATTAN ENHANCED
 AFFORDABILITY  AREA,  THE  BROOKLYN  ENHANCED AFFORDABILITY AREA AND THE
 QUEENS ENHANCED AFFORDABILITY AREA.
   (XXXII) "ENHANCED THIRTY-FIVE YEAR BENEFIT" SHALL MEAN:  (A)  FOR  THE
 CONSTRUCTION  PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) FOR THE
 NEXT THIRTY-FIVE YEARS OF THE EXTENDED RESTRICTION PERIOD, A ONE HUNDRED
 PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS
 FOR LOCAL IMPROVEMENTS.
   (XXXIII)  "EXTENDED RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING
 ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVERSARY  OF  THE
 COMPLETION  DATE,  NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
 OF AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS.
   [(xxi)] (XXXIV) "Fiscal officer" shall mean the comptroller  or  other
 analogous officer in a city having a population of one million or more.
   [(xxii)]  (XXXV)  "Floor  area" shall mean the horizontal areas of the
 several floors, or any portion thereof, of a dwelling or dwellings,  and
 accessory  structures on a lot measured from the exterior faces of exte-
 rior walls, or from the center line of party walls.
   [(xxiii)] (XXXVI) "Four percent tax credits" shall  mean  federal  low
 income  housing  tax  credits computed in accordance with clause (ii) of
 subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
 of the internal revenue code of nineteen hundred eighty-six, as amended.
   [(xxiv)] (XXXVII) "Homeownership project" shall mean a multiple dwell-
 ing or portion thereof operated as condominium or  cooperative  housing,
 however,  it  shall  not  include a multiple dwelling or portion thereof
 operated as  cooperative  or  condominium  housing  located  within  the
 borough  of  Manhattan,  and  shall not include a multiple dwelling that
 contains more than thirty-five units.

 S. 2006                            171                           A. 3006
 
   [(xxv)] (XXXVIII)  "INDEPENDENT  MONITOR"  SHALL  MEAN  AN  ACCOUNTANT
 LICENSED AND IN GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE
 OF THE EDUCATION LAW.
   (XXXIX)  "JOB  ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFER-
 ENCE WITH THE CONSTRUCTION WORK CAUSED  BY  THE  ACTIONS  OF  ANY  LABOR
 ORGANIZATION  OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE,
 INCLUDING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES,
 WALK  OUTS,  SLOWDOWNS,  PICKETING,  BANNERING,  HAND  BILLING,   DEMON-
 STRATIONS, SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE
 STRUCK  BUSINESS,  AND  USE  OF  THE RAT OR OTHER INFLATABLE BALLOONS OR
 SIMILAR DISPLAYS.
   (XL) "Market unit" shall mean a dwelling unit in an eligible  multiple
 dwelling other than an affordable housing unit.
   [(xxvi)] (XLI) "Multiple dwelling" shall have the meaning set forth in
 the multiple dwelling law.
   [(xxvii)]  (XLII)  "Non-residential tax lot" shall mean a tax lot that
 does not contain any dwelling units.
   [(xxviii)] (XLIII) "MANHATTAN ENHANCED AFFORDABILITY AREA" SHALL  MEAN
 ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED LOCATED ENTIRELY SOUTH OF
 96TH STREET IN THE BOROUGH OF MANHATTAN.
   (XLIV)  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN A PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS  OF  EMPLOY-
 MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
   (XLV)  "PROJECT-WIDE  CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED
 PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE AGENCY  BASED
 ON  EACH  CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH THE TOTAL
 NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION  WORKERS,
 THE AGGREGATE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
   (XLVI)  "QUEENS  ENHANCED  AFFORDABILITY AREA" SHALL MEAN ANY TAX LOTS
 NOW EXISTING OR HEREAFTER CREATED  WHICH  ARE  LOCATED  ENTIRELY  WITHIN
 COMMUNITY  BOARDS  ONE  AND  TWO  OF  THE  BOROUGH OF QUEENS BOUNDED AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 BEING THE INTERSECTION OF THE EASTERLY SHORE OF THE EAST  RIVER  WITH  A
 LINE  OF  PROLONGATION  OF  20TH  AVENUE PROJECTED NORTHWESTERLY; THENCE
 SOUTHEASTERLY ON THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG  20TH
 AVENUE  TO THE INTERSECTION WITH 31ST STREET; THENCE SOUTHWESTERLY ALONG
 31ST STREET TO THE INTERSECTION WITH NORTHERN BOULEVARD;  THENCE  SOUTH-
 WESTERLY ALONG NORTHERN BOULEVARD TO THE INTERSECTION WITH QUEENS BOULE-
 VARD  (AKA ROUTE 25); THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO THE
 INTERSECTION WITH VAN DAM STREET; THENCE SOUTHERLY ALONG VAN DAM  STREET
 TO  THE  INTERSECTION WITH BORDEN AVENUE; THENCE SOUTHWESTERLY ALONG VAN
 DAM STREET TO THE INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE;
 THENCE SOUTHWESTERLY ALONG GREENPOINT AVENUE  TO  THE  POINT  OF  INTER-
 SECTION WITH THE CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN
 CREEK  ALSO  BEING  THE  BOUNDARY BETWEEN QUEENS COUNTY TO THE NORTH AND
 KINGS COUNTY TO THE SOUTH; THENCE NORTHWESTERLY ALONG THE CENTERLINE  OF
 NEWTOWN  CREEK,  ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY AND KINGS
 COUNTY TO ITS INTERSECTION WITH THE EASTERLY BOUNDS OF THE  EAST  RIVER;
 THENCE  IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD
 OR SHORELINE OF THE EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
   (XLVII)  "Rent  stabilization"  shall  mean,  collectively,  the  rent
 stabilization law of nineteen hundred sixty-nine, the rent stabilization
 code,  and the emergency tenant protection act of nineteen seventy-four,
 all as in effect as of the effective date of the chapter of the laws  of

 S. 2006                            172                           A. 3006
 
 two thousand fifteen that added this subdivision or as amended thereaft-
 er,  together  with  any  successor  statutes  or regulations addressing
 substantially the same subject matter.
   [(xxix)]  (XLVIII)  "Rental  project"  shall  mean an eligible site in
 which all dwelling units included in any  application  are  operated  as
 rental housing.
   [(xxx)]  (XLIX)  "Residential  tax  lot"  shall  mean  a  tax lot that
 contains dwelling units.
   [(xxxi)] (L) "Restriction period" shall mean a  period  commencing  on
 the  completion date and expiring on the thirty-fifth anniversary of the
 completion date, notwithstanding any earlier termination  or  revocation
 of [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xxxii)]  (LI)  "Tax exempt bond proceeds" shall mean the proceeds of
 an exempt facility bond, as defined in paragraph (7) of  subsection  (a)
 of  section  one hundred forty-two of the internal revenue code of nine-
 teen hundred eighty-six, as amended, the interest upon which  is  exempt
 from  taxation  under  section one hundred three of the internal revenue
 code of nineteen hundred eighty-six, as amended.
   (LII) "THIRD PARTY FUND ADMINISTRATOR" SHALL BE  A  PERSON  OR  ENTITY
 THAT  RECEIVES  FUNDS  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
 OVERSEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO  CONSTRUCTION  WORK-
 ERS.    THE  THIRD  PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY
 APPROVED BY THE AGENCY, AND RECOMMENDED BY ONE, OR MORE,  REPRESENTATIVE
 OR  REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE YEAR TERM SHALL CONTINUE TO
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED. THE AGENCY, AFTER PROVIDING NOTICE AND AFTER MEETING WITH THE
 THIRD PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR FOR  CAUSE
 UPON AN AGENCY DETERMINATION THAT THE ADMINISTRATOR HAS BEEN INEFFECTIVE
 AT  OVERSEEING  OR  MANAGING  THE DISBURSAL OF FUNDS TO THE CONSTRUCTION
 WORKERS. THE THIRD PARTY FUND ADMINISTRATOR SHALL, AT THE REQUEST OF THE
 AGENCY, SUBMIT REPORTS TO THE AGENCY.
   [(xxxiii)] (LIII) "Thirty-five year benefit" shall mean: (A)  for  the
 construction  period, a one hundred percent exemption from real property
 taxation, other than assessments for local  improvements;  (B)  for  the
 first twenty-five years of the restriction period, a one hundred percent
 exemption  from real property taxation, other than assessments for local
 improvements; and (C) for the final ten years of the restriction period,
 an exemption from real property taxation,  other  than  assessments  for
 local improvements, equal to the affordability percentage.
   [(xxxiv)]  (LIV)  "Twenty  year  benefit"  shall  mean:  (A)  for  the
 construction period, a one hundred percent exemption from real  property
 taxation,  other  than  assessments  for local improvements; (B) for the
 first fourteen years of the restriction period, a  one  hundred  percent
 exemption  from real property taxation, other than assessments for local
 improvements, provided, however, that no exemption shall  be  given  for
 any portion of a unit's assessed value that exceeds $65,000; and (C) for
 the  final  six  years  of the restriction period, a twenty-five percent
 exemption from real property taxation, other than assessments for  local
 improvements,  provided,  however,  that no exemption shall be given for
 any portion of a unit's assessed value that exceeds $65,000.

 S. 2006                            173                           A. 3006
 
   (LV) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS  OF
 ANY  KIND  PAID  TO,  OR  ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION  WORKER,  TOGETHER  WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP  TRAINING,  AND
 PAYROLL  TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT INSURANCE AND PURSUANT TO THE  FEDERAL  INSURANCE  CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   (b)  Benefit.  In  cities  having a population of one million or more,
 notwithstanding the provisions of any other subdivision of this  section
 or  of  any  general, special or local law to the contrary, new eligible
 sites, except hotels, that comply with the provisions of  this  subdivi-
 sion shall be exempt from real property taxation, other than assessments
 for  local improvements, in the amounts and for the periods specified in
 this paragraph. A rental project that meets all of the  requirements  of
 this subdivision shall receive a thirty-five year benefit and a homeown-
 ership  project  that  meets all of the requirements of this subdivision
 shall receive a twenty year benefit. A RENTAL PROJECT  THAT  ALSO  MEETS
 ALL  OF  THE  REQUIREMENTS  OF  PARAGRAPH  (C) OF THIS SUBDIVISION SHALL
 RECEIVE AN ENHANCED THIRTY-FIVE YEAR BENEFIT.
   (C) IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN  THIS  SUBDIVI-
 SION,  RENTAL  PROJECTS CONTAINING THREE HUNDRED OR MORE RENTAL DWELLING
 UNITS LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA SHALL  COMPLY  WITH
 THE REQUIREMENTS SET FORTH IN THIS PARAGRAPH. FOR PURPOSES OF THIS PARA-
 GRAPH, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTH-
 ER  PARTY  (INCLUDING SUBCONTRACTORS) UNDERTAKES TO PERFORM CONSTRUCTION
 WORK AT AN ELIGIBLE SITE AND "APPLICANT" SHALL  MEAN  AN  APPLICANT  FOR
 AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
   (I)  SUCH RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY OPTION
 E, AFFORDABILITY OPTION F OR AFFORDABILITY OPTION G.
   (II) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION  WORKERS  ON
 AN  ELIGIBLE SITE WITHIN THE MANHATTAN ENHANCED AFFORDABILITY AREA SHALL
 BE NO LESS THAN SIXTY DOLLARS PER HOUR.  THREE YEARS FROM THE  EFFECTIVE
 DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED
 THIS PARAGRAPH AND EVERY THREE YEARS  THEREAFTER,  THE  MINIMUM  AVERAGE
 HOURLY  WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT
 ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE
 SHALL BE REQUIRED TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED  ON
 ITS COMMENCEMENT DATE.
   (III)  THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON
 AN ELIGIBLE SITE WITHIN THE BROOKLYN ENHANCED AFFORDABILITY AREA OR  THE
 QUEENS  ENHANCED  AFFORDABILITY  AREA  SHALL  BE NO LESS THAN FORTY-FIVE
 DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED THIS PARAGRAPH  AND  EVERY
 THREE  YEARS  THEREAFTER,  THE  MINIMUM  AVERAGE  HOURLY  WAGE  SHALL BE
 INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING  WITH  A
 COMMENCEMENT  DATE  PRIOR TO THE DATE OF SUCH INCREASE SHALL BE REQUIRED
 TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON  ITS  COMMENCEMENT
 DATE.
   (IV)  THE  REQUIREMENTS  OF SUBPARAGRAPHS (II) AND (III) OF THIS PARA-
 GRAPH SHALL NOT BE APPLICABLE TO:
   (A) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY  PERCENT  OF
 THE  DWELLING  UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL

 S. 2006                            174                           A. 3006
 
 FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE TO AND
 RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES  WHOSE  HOUSEHOLD
 INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDI-
 AN  INCOME,  ADJUSTED  FOR  FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT;
   (B) ANY PORTION OF AN ELIGIBLE MULTIPLE DWELLING WHICH  IS  OWNED  AND
 OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
   (C)  AT  THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT TO A
 PROJECT LABOR AGREEMENT.
   (V) THE APPLICANT SHALL CONTRACT WITH  AN  INDEPENDENT  MONITOR.  SUCH
 INDEPENDENT  MONITOR  SHALL  SUBMIT TO THE AGENCY WITHIN ONE YEAR OF THE
 COMPLETION DATE A PROJECT-WIDE CERTIFIED PAYROLL REPORT.  IN  THE  EVENT
 SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE AGEN-
 CY  WITHIN  THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT TO A FINE
 OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF; PROVIDED  THAT
 THE  MAXIMUM  FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.  IN THE EVENT
 THAT THE AVERAGE HOURLY WAGE IS LESS THAN  THE  MINIMUM  AVERAGE  HOURLY
 WAGE SET FORTH IN SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH AS APPLI-
 CABLE, THE PROJECT-WIDE CERTIFIED REPORT SHALL ALSO SET FORTH THE AGGRE-
 GATE AMOUNT OF SUCH DEFICIENCY.
   (VI)  THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT SHALL BE SUBMITTED BY
 EACH CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS  AFTER  THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
 THIS SUBPARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE  AGENCY  AND
 THE AGENCY SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR SUB-CONTRACTOR
 IN  THE AMOUNT OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF,
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
   (VII) IN THE EVENT THAT  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT
 SHOWS  THAT  THE AVERAGE HOURLY WAGE AS REQUIRED BY SUBPARAGRAPH (II) OR
 (III) OF THIS PARAGRAPH, AS APPLICABLE, WAS NOT PAID, (A) IF THE AVERAGE
 HOURLY WAGE IS  WITHIN  FIFTEEN  PERCENT  OF  THE  AVERAGE  HOURLY  WAGE
 REQUIRED  BY  SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH, AS APPLICABLE,
 THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE  OF  SUBMISSION
 OF  SUCH  PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY
 TO THE THIRD PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE  AMOUNT  OF
 THE  DEFICIENCY  SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT.
 THE THIRD PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO  THE
 CONSTRUCTION  WORKERS  WHO  PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD PARTY FUND ADMINISTRATOR
 SHALL SUBMIT TO THE AGENCY A  PLAN  SUBJECT  TO  THE  AGENCY'S  APPROVAL
 SETTING  FORTH  THE  MANNER  IN WHICH THE THIRD PARTY FUND ADMINISTRATOR
 WILL REACH THE REQUIRED AVERAGE WAGE WITHIN ONE HUNDRED  FIFTY  DAYS  OF
 RECEIVING  THE  PAYMENT  FROM  THE APPLICANT AND HOW ANY REMAINING FUNDS
 WILL BE DISBURSED IN THE EVENT THAT THE THIRD PARTY  FUND  ADMINISTRATOR
 CANNOT  DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR
 OF RECEIVING AGENCY APPROVAL.  IN THE EVENT THAT THE APPLICANT FAILS  TO
 MAKE  SUCH  PAYMENT  WITHIN  THE TIME PERIOD PRESCRIBED IN THIS SUBPARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND  DOLLARS
 PER  WEEK  PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND
 DOLLARS; OR (B) IF THE AVERAGE HOURLY WAGE IS MORE THAN FIFTEEN  PERCENT
 BELOW  THE  MINIMUM  AVERAGE HOURLY WAGE REQUIRED BY SUBPARAGRAPH (I) OR
 (II) OF THIS PARAGRAPH, AS APPLICABLE, THEN NO LATER  THAN  ONE  HUNDRED
 TWENTY  DAYS  FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED
 PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD PARTY FUND ADMINIS-

 S. 2006                            175                           A. 3006
 
 TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN  THE
 PROJECT-WIDE  PAYROLL  REPORT.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 DISTRIBUTE SUCH  PAYMENT  TO  THE  CONSTRUCTION  WORKERS  WHO  PERFORMED
 CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
 THE  THIRD  PARTY  FUND  ADMINISTRATOR SHALL SUBMIT TO THE AGENCY A PLAN
 SUBJECT TO THE AGENCY'S APPROVAL SETTING FORTH THE MANNER IN  WHICH  THE
 THIRD  PARTY  FUND  ADMINISTRATOR  WILL  REACH THE REQUIRED AVERAGE WAGE
 WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM  THE  APPLI-
 CANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE
 THIRD  PARTY  FUND  ADMINISTRATOR  CANNOT  DISTRIBUTE  THE  FUNDS TO THE
 CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING AGENCY APPROVAL.    IN
 ADDITION,  THE  AGENCY  SHALL  IMPOSE  A  PENALTY ON THE APPLICANT IN AN
 AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE  AMOUNT  OF  THE  DEFICIENCY,
 PROVIDED,  HOWEVER,  THAT THE AGENCY SHALL NOT IMPOSE SUCH PENALTY WHERE
 THE ELIGIBLE MULTIPLE DWELLING HAS BEEN THE  SUBJECT  OF  A  JOB  ACTION
 WHICH  RESULTS  IN  A  WORK  DELAY.  ANY PAYMENTS RECEIVED BY THE AGENCY
 PURSUANT TO THIS SUBPARAGRAPH SHALL BE USED TO PROVIDE AFFORDABLE  HOUS-
 ING.  IN  THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN
 THE TIME PERIOD PRESCRIBED IN THIS SUBPARAGRAPH, THE APPLICANT SHALL  BE
 SUBJECT  TO  A  FINE OF ONE THOUSAND DOLLARS PER WEEK, PROVIDED THAT THE
 MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS. NOTWITHSTANDING ANY
 PROVISION OF THIS PARAGRAPH, THE APPLICANT SHALL NOT BE  LIABLE  IN  ANY
 RESPECT  WHATSOEVER  FOR  ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR
 RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR  FOR  FRAUDU-
 LENT  OR  INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDU-
 LENT OR INACCURATE PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS,  PROVIDED,
 HOWEVER,  THAT  PAYMENT  TO  THE  THIRD  PARTY FUND ADMINISTRATOR IN THE
 AMOUNT SET  FORTH  IN  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT  AS
 DESCRIBED  IN THIS SUBPARAGRAPH SHALL STILL BE MADE BY THE CONTRACTOR OR
 SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM OR CAUSED  BY
 THE  CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT WILL BE LIABLE
 FOR UNDERPAYMENT TO THE THIRD  PARTY  ADMINISTRATOR  UNLESS  THE  AGENCY
 DETERMINES, IN ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT
 OF,  OR  CAUSED  BY,  CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR
 FRAUDULENT OR INACCURATE CONTRACTOR  CERTIFIED  PAYROLL  REPORTS  AND/OR
 PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS. THE APPLICANT SHALL OTHERWISE
 NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD  PARTY
 FUND  ADMINISTRATOR  HAS  BEEN  MADE  IN  THE  AMOUNT  SET  FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT.
   (VIII) NOTHING IN THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO  CONFER  A
 PRIVATE  RIGHT  OF  ACTION  TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH,
 PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER
 OF ANY EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR  REPRESENTATIVES
 RELATED  TO  WAGE  AND  BENEFIT  COLLECTION,  WAGE  THEFT OR OTHER LABOR
 PROTECTIONS OR RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS  PARA-
 GRAPH  RELIEVES  ANY  OBLIGATIONS  PURSUANT  TO  A COLLECTIVE BARGAINING
 AGREEMENT.
   (IX) A RENTAL PROJECT CONTAINING THREE  HUNDRED  OR  MORE  RESIDENTIAL
 DWELLING  UNITS  NOT  LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA MAY
 ELECT TO COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH.  SUCH  ELECTION
 SHALL  BE  MADE  IN THE APPLICATION AND SHALL NOT THEREAFTER BE CHANGED.
 SUCH RENTAL PROJECT SHALL COMPLY WITH ALL OF THE  REQUIREMENTS  OF  THIS
 PARAGRAPH AND SHALL BE DEEMED TO BE LOCATED WITHIN THE BROOKLYN ENHANCED
 AFFORDABILITY  AREA  OR  THE  QUEENS ENHANCED AFFORDABILITY AREA FOR THE
 PURPOSES OF THIS PARAGRAPH.

 S. 2006                            176                           A. 3006
 
   [(c)] (D) Tax payments. In  addition  to  any  other  amounts  payable
 pursuant  to  this subdivision, the owner of any eligible site receiving
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits shall pay, in  each
 tax year in which such [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits are in effect, real property taxes and assessments as follows:
   (i)  with  respect  to  each eligible multiple dwelling constructed on
 such eligible site, real property taxes on  the  assessed  valuation  of
 such  land  and  any  improvements thereon in effect during the tax year
 prior to the commencement date of such eligible multiple dwelling, with-
 out regard to any exemption from or abatement of real property  taxation
 in  effect  during  such  tax  year,  which real property taxes shall be
 calculated using the tax rate in effect at the time such taxes are  due;
 and
   (ii) all assessments for local improvements.
   [(d)]  (E)  Limitation  on  benefits for non-residential space. If the
 aggregate floor area of commercial, community facility and accessory use
 space in an eligible site, other than parking which is located not  more
 than  twenty-three  feet above the curb level, exceeds twelve percent of
 the aggregate floor area in such eligible site, any  [421-a]  AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits shall be reduced by a percentage equal
 to  such excess. If an eligible site contains multiple tax lots, the tax
 arising out of such reduction in [421-a]  AFFORDABLE  NEW  YORK  HOUSING
 PROGRAM benefits shall first be apportioned pro rata among any non-resi-
 dential  tax  lots.  After  any  such non-residential tax lots are fully
 taxable, the remainder of the tax  arising  out  of  such  reduction  in
 [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, if any, shall be
 apportioned pro rata among the remaining residential tax lots.
   [(e)] (F) Calculation of benefit. Based on the  certification  of  the
 agency certifying the applicant's eligibility for [421-a] AFFORDABLE NEW
 YORK  HOUSING  PROGRAM  benefits,  the  assessors  shall  certify to the
 collecting officer the amount of taxes to be exempted.
   [(f)] (G) Affordability requirements. During the restriction period, a
 rental project shall comply with either affordability option A, afforda-
 bility option B, or affordability option C or for purposes of a homeown-
 ership project, such project shall comply with affordability  option  D.
 Such  election shall be made in the application and shall not thereafter
 be changed. The rental project shall also comply with all provisions  of
 this paragraph during the restriction period and with subparagraph (iii)
 of  this  paragraph  both during and after the restriction period to the
 extent provided in such subparagraph.  A RENTAL PROJECT CONTAINING THREE
 HUNDRED OR MORE RENTAL DWELLING UNITS LOCATED IN THE  ENHANCED  AFFORDA-
 BILITY  AREA OR A RENTAL PROJECT CONTAINING THREE HUNDRED OR MORE RENTAL
 DWELLING UNITS NOT LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA  WHICH
 ELECTS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION  SHALL  COMPLY  WITH  EITHER  AFFORDABILITY OPTION E, AFFORDABILITY
 OPTION F, OR AFFORDABILITY OPTION G. SUCH ELECTION SHALL BE MADE IN  THE
 APPLICATION  AND  SHALL  NOT  THEREAFTER BE CHANGED. SUCH RENTAL PROJECT
 SHALL ALSO COMPLY WITH ALL  PROVISIONS  OF  THIS  PARAGRAPH  DURING  THE
 EXTENDED  RESTRICTION  PERIOD  AND WITH SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH BOTH DURING AND AFTER  THE  EXTENDED  RESTRICTION  PERIOD  TO  THE
 EXTENT PROVIDED IN SUCH PARAGRAPH.
   (i)  Affordable units LOCATED IN A RENTAL PROJECT shall share the same
 common entrances and common areas as market rate units  IN  SUCH  RENTAL
 PROJECT,  and  shall  not  be isolated to a specific floor or area of [a
 building] THE RENTAL PROJECT.   Common entrances  shall  mean  any  area

 S. 2006                            177                           A. 3006
 
 regularly  used  by  any  resident OF THE RENTAL PROJECT for ingress and
 egress from [a multiple dwelling] THE RENTAL PROJECT; and
   (ii) Unless preempted by the requirements of a federal, state or local
 housing  program, either (A) the affordable housing units in an eligible
 site shall have a unit mix proportional to the market units, or  (B)  at
 least  fifty percent of the affordable housing units in an eligible site
 shall have two or more bedrooms and no more than twenty-five percent  of
 the affordable housing units shall have less than one bedroom.
   (iii)  Notwithstanding  any  provision  of  rent  stabilization to the
 contrary, all affordable housing units shall be fully  subject  to  rent
 stabilization during the restriction period, provided that tenants hold-
 ing  a  lease  and  in occupancy of such affordable housing units at the
 expiration of the restriction period shall have the right to  remain  as
 rent stabilized tenants for the duration of their occupancy.
   (iv)  All rent stabilization registrations required to be filed pursu-
 ant to subparagraph (iii) of this paragraph shall contain a  designation
 that  specifically  identifies affordable housing units created pursuant
 to this subdivision as "[421-a]  AFFORDABLE  NEW  YORK  HOUSING  PROGRAM
 affordable  housing  units"  and  shall  contain  an  explanation of the
 requirements that apply to all such affordable housing units.
   (v) Failure to comply with  the  provisions  of  this  paragraph  that
 require  the  creation,  maintenance,  rent stabilization compliance and
 occupancy of affordable housing units or for purposes of a homeownership
 project the failure to comply with affordability option D  shall  result
 in  revocation  of any [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits for the period of such non-compliance.
   (vi) Nothing in this subdivision shall (A) prohibit the  occupancy  of
 an  affordable  housing  unit by individuals or families whose income at
 any time is less than the maximum percentage of the area median  income,
 adjusted  for  family  size,  specified for such affordable housing unit
 pursuant to this subdivision, or (B) prohibit the owner of  an  eligible
 site  from requiring, upon initial rental or upon any rental following a
 vacancy, the occupancy of any affordable  housing  unit  by  such  lower
 income individuals or families.
   (vii)  Following  issuance of a temporary certificate of occupancy and
 upon each vacancy thereafter, an affordable housing unit shall  promptly
 be  offered  for rental by individuals or families whose income does not
 exceed the maximum percentage of the area median  income,  adjusted  for
 family size, specified for such affordable housing unit pursuant to this
 subdivision  and  who  intend  to occupy such affordable housing unit as
 their primary residence. An affordable housing unit  shall  not  be  (A)
 rented  to  a  corporation, partnership or other entity, or (B) held off
 the market for a period longer than is reasonably necessary  to  perform
 repairs  needed to make such affordable housing unit available for occu-
 pancy.
   (viii) An affordable housing unit shall not be rented on a  temporary,
 transient  or  short-term  basis. Every lease and renewal thereof for an
 affordable housing unit shall be for a term of one or two years, at  the
 option of the tenant.
   (ix)  An affordable housing unit shall not be converted to cooperative
 or condominium ownership.
   (x) The agency may establish by rule such requirements as  the  agency
 deems necessary or appropriate for (A) the marketing of affordable hous-
 ing  units,  both upon initial occupancy and upon any vacancy, (B) moni-
 toring compliance with the provisions of  this  paragraph  and  (C)  the
 marketing and monitoring of any homeownership project that is granted an

 S. 2006                            178                           A. 3006
 
 exemption  pursuant  to this subdivision. Such requirements may include,
 but need not be limited to, retaining a monitor approved by  the  agency
 and paid for by the owner.
   (xi)  Notwithstanding any provision of this subdivision to the contra-
 ry, a market unit shall be subject to rent stabilization unless, in  the
 absence  of  [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, the
 owner would be entitled to remove such market unit from rent  stabiliza-
 tion  upon  vacancy  by  reason  of the monthly rent exceeding any limit
 established thereunder.
   [(g)] (H) Building service employees. (i) For  the  purposes  of  this
 paragraph,  "applicant"  shall  mean an applicant for [421-a] AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits, any successor to such  applicant,  or
 any  employer  of building service employees for such applicant, includ-
 ing, but not limited to, a property management company or contractor.
   (ii) All building service employees employed by the applicant  at  the
 eligible  site  shall  receive  the  applicable  prevailing wage for the
 entire restriction period.
   (iii)  The  fiscal  officer  shall  have  the  power  to  enforce  the
 provisions  of  this paragraph. In enforcing such provisions, the fiscal
 officer shall have the power:
   (A) to investigate or cause an investigation to be made  to  determine
 the  prevailing  wages  for  building  service employees; in making such
 investigation, the fiscal officer may utilize wage  and  fringe  benefit
 data  from  various  sources,  including,  but  not limited to, data and
 determinations of federal, state or other governmental agencies;
   (B) to institute and conduct inspections at the site of  the  work  or
 elsewhere;
   (C)  to  examine  the  books,  documents and records pertaining to the
 wages paid to, and the hours of  work  performed  by,  building  service
 employees;
   (D) to hold hearings and, in connection therewith, to issue subpoenas,
 administer  oaths  and  examine witnesses; the enforcement of a subpoena
 issued under this paragraph shall be regulated by the civil practice law
 and rules;
   (E) to make a classification by craft, trade or other generally recog-
 nized occupational category of the building  service  employees  and  to
 determine  whether  such work has been performed by the building service
 employees in such classification;
   (F) to require the applicant to file with the fiscal officer a  record
 of  the  wages  actually  paid by such applicant to the building service
 employees and of their hours of work;
   (G) to delegate any of the foregoing powers to his or  her  deputy  or
 other authorized representative; and
   (H)  to promulgate rules as he or she shall consider necessary for the
 proper execution of the duties, responsibilities  and  powers  conferred
 upon him or her by the provisions of this subparagraph.
   (iv)  If  the  fiscal  officer  finds that the applicant has failed to
 comply with the provisions of this paragraph, he or  she  shall  present
 evidence of such noncompliance to the agency.
   (v) Subparagraph (ii) of this paragraph shall not be applicable to:
   (A) an eligible multiple dwelling containing less than thirty dwelling
 units; or
   (B)  an  eligible multiple dwelling in which all of the dwelling units
 are affordable housing units and not less than  fifty  percent  of  such
 affordable  housing  units, upon initial rental and upon each subsequent
 rental following a vacancy during the restriction period, are affordable

 S. 2006                            179                           A. 3006
 
 to and restricted to occupancy by individuals or families  whose  house-
 hold  income does not exceed one hundred twenty-five percent of the area
 median income, adjusted for family size, at the time that such household
 initially occupies such dwelling unit.
   [(h)]  (I) Replacement ratio. If the land on which an eligible site is
 located contained any dwelling units three years prior to the  commence-
 ment  date  of  the  first eligible multiple dwelling thereon, then such
 eligible site shall contain at least one  affordable  housing  unit  for
 each  dwelling  unit that existed on such date and was thereafter demol-
 ished, removed or reconfigured.
   [(i)] (J) Concurrent exemptions or abatements. An  eligible  [multiple
 dwelling]  SITE  receiving  [421-a]  AFFORDABLE NEW YORK HOUSING PROGRAM
 benefits shall not receive any exemption from or abatement of real prop-
 erty taxation under any other law.
   [(j)] (K) Voluntary renunciation or termination.  Notwithstanding  the
 provisions  of  any  general,  special  or local law to the contrary, an
 owner shall not be entitled to voluntarily  renounce  or  terminate  any
 [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits unless the agency
 authorizes such renunciation  or  termination  in  connection  with  the
 commencement of a new tax exemption pursuant to either the private hous-
 ing finance law or section four hundred twenty-c of this title.
   [(k)]  (L)  Termination  or  revocation.  The  agency may terminate or
 revoke [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits for  noncom-
 pliance  with this subdivision, PROVIDED, HOWEVER, THAT THE AGENCY SHALL
 NOT TERMINATE OR REVOKE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS FOR
 A FAILURE TO COMPLY WITH PARAGRAPH (C) OF THIS SUBDIVISION.  If  [421-a]
 AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are terminated or revoked
 for noncompliance with this subdivision, [all of the affordable  housing
 units  shall remain subject to rent stabilization or for a homeownership
 project such project shall continue to comply with affordability  option
 D of this subdivision and all other requirements of this subdivision for
 the  restriction  period and any additional period expressly provided in
 this subdivision, as if the 421-a benefits had not  been  terminated  or
 revoked] (I) ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
 RENT  STABILIZATION  AND  ALL OTHER REQUIREMENTS OF THIS SUBDIVISION FOR
 THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY  PROVIDED  IN
 THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS
 HAD  NOT BEEN TERMINATED OR REVOKED; (II) ALL OF THE MARKET RATE HOUSING
 UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER  REQUIRE-
 MENTS  OF THIS SUBDIVISION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL
 PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE AFFORDABLE  NEW
 YORK  HOUSING  PROGRAM  BENEFITS  HAD  NOT  BEEN  TERMINATED OR REVOKED,
 PROVIDED, HOWEVER, THAT THE OWNER SHALL STILL BE ENTITLED TO REMOVE SUCH
 MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
 LY RENT EXCEEDING ANY LIMIT  ESTABLISHED  THEREUNDER;  (III)  OR  FOR  A
 HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORD-
 ABILITY  OPTION D OF THIS SUBDIVISION AND ALL OTHER REQUIREMENTS OF THIS
 SUBDIVISION  FOR  THE  RESTRICTION  PERIOD  AND  ANY  ADDITIONAL  PERIOD
 EXPRESSLY  PROVIDED  IN  THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK
 HOUSING PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   [(l)] (M) Powers cumulative. The enforcement provisions of this subdi-
 vision shall not be exclusive, and are in addition to any other  rights,
 remedies,  or enforcement powers set forth in any other law or available
 at law or in equity.
   [(m)] (N) Multiple tax lots. If an eligible site contains multiple tax
 lots, an application may be submitted with respect to  one  or  more  of

 S. 2006                            180                           A. 3006

 such  tax  lots.  The  agency  shall  determine  eligibility for [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits based  upon  the  tax  lots
 included  in  such  application  AND BENEFITS FOR EACH MULTIPLE DWELLING
 SHALL COMMENCE UPON COMMENCEMENT OF CONSTRUCTION OF SUCH MULTIPLE DWELL-
 ING.
   [(n)] (O) Applications. (i) The application with respect to any eligi-
 ble  multiple dwelling shall be filed with the agency not later than one
 year after the completion date of such eligible multiple dwelling.
   (ii) Notwithstanding the provisions of any general, special  or  local
 law to the contrary, the agency may require by rule that applications be
 filed electronically.
   (iii) The agency may rely on certification by an architect or engineer
 submitted  by  an applicant in connection with the filing of an applica-
 tion. A false certification by  such  architect  or  engineer  shall  be
 deemed  to  be  professional  misconduct  pursuant to section sixty-five
 hundred nine of the education law. Any licensee  found  guilty  of  such
 misconduct under the procedures prescribed in section sixty-five hundred
 ten of the education law shall be subject to the penalties prescribed in
 section sixty-five hundred eleven of the education law, and shall there-
 after  be ineligible to submit a certification pursuant to this subdivi-
 sion.
   (IV) THE AGENCY SHALL  NOT  REQUIRE  THAT  THE  APPLICANT  DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   [(o)]  (P)  Filing  fee.  The agency may require a filing fee of three
 thousand dollars per dwelling unit in connection with  any  application.
 However,  the  agency  may  promulgate  rules  imposing a lesser fee for
 eligible sites containing eligible multiple dwellings  constructed  with
 the  substantial  assistance of grants, loans or subsidies provided by a
 federal, state or local governmental agency or instrumentality  pursuant
 to a program for the development of affordable housing.
   [(p)]  (Q)  Rules. THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE
 THE PROVISIONS OF THIS SUBDIVISION. The agency  [may]  SHALL  promulgate
 rules  to  carry  out the provisions of this subdivision, INCLUDING, BUT
 NOT LIMITED TO, PROVISIONS RELATED TO THE  CALCULATION  OF  THE  AVERAGE
 HOURLY WAGE.
   [(q)  Authority of city to enact local law. Except as otherwise speci-
 fied in this subdivision, a city to which this subdivision is applicable
 may enact a local law to restrict, limit or  condition  the  eligibility
 for  or  the  scope  or amount of 421-a benefits in any manner, provided
 that such local law may not grant 421-a benefits beyond  those  provided
 in  this  subdivision and provided further that such local law shall not
 take effect sooner than one year after it is enacted. The provisions  of
 sections  11-245  and 11-245.1 of the administrative code of the city of
 New York or of any other local law of the city of  New  York  that  were
 enacted  on  or  before the effective date of the chapter of the laws of
 two thousand fifteen which added  this  paragraph  shall  not  restrict,
 limit  or  condition the eligibility for or the scope or amount of 421-a
 benefits pursuant to this subdivision.]
   (r) Election. Notwithstanding anything  in  this  subdivision  to  the
 contrary,  [if  a  memorandum  of  understanding pursuant to subdivision
 sixteen-a of this section has  been  executed  and  noticed,]  a  rental
 project  or  homeownership project with a commencement date on or before
 December thirty-first, two thousand fifteen that has not received  bene-
 fits pursuant to this section prior to the effective date of the chapter
 of  the  laws  of  two  thousand fifteen that added this subdivision may

 S. 2006                            181                           A. 3006
 
 elect to comply with this subdivision and receive [421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM benefits pursuant to this subdivision.
   § 4. Subdivision 16-a of section 421-a of the real property tax law is
 REPEALED.
   § 5. 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.
   § 6. This act shall take effect immediately;  and  provided,  however,
 that  sections  one,  two, and three of this act shall be deemed to have
 been in full force and effect on and after January 1, 2016.
 
                                  PART T
 
   Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 2000, is amended to read as
 follows:
   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 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 with the consent of the district attorney, order that  the
 action  be  removed  from  the  court  in which the matter is pending to
 another local criminal court in the same county which  has  been  desig-
 nated  a  drug  court  by  the  chief administrator of the courts, OR TO
 ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY OR AN  ADJOINING  COUNTY
 THAT  HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS, and such drug court OR VETERANS TREATMENT  COURT
 may  then  conduct  such  action  to [judgement] 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 drug court
 OR VETERANS TREATMENT 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 drug court OR VETERANS TREATMENT COURT  shall  promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 2. Subdivision 3 of section 180.20 of the criminal procedure law, as
 amended  by  chapter  67  of  the  laws  of  2000, is amended to read as
 follows:
   3. 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  with  the  consent  of  the

 S. 2006                            182                           A. 3006
 
 district  attorney,  order  that the action be removed from the court in
 which the matter is pending to another local criminal court in the  same
 county which has been designated a drug court by the chief administrator
 of  the  courts,  OR TO ANOTHER COURT IN THE SAME COUNTY OR AN ADJOINING
 COUNTY THAT HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE  CHIEF
 ADMINISTRATOR  OF  THE COURTS, and such drug court OR VETERANS TREATMENT
 COURT may then dispose of such felony complaint pursuant to  this  arti-
 cle;  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 drug court OR
 VETERANS TREATMENT 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  drug court OR VETERANS TREATMENT COURT shall promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 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
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   § 4. This act shall take effect immediately.
 
                                  PART U
 
   Section  1. The executive law is amended by adding a new article 51 to
 read as follows:
                                 ARTICLE 51
                 DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS
 SECTION 1010. DIVISION OF CENTRAL ADMINISTRATION HEARINGS.
        1011. POWERS AND DUTIES.
   § 1010. DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS.  THERE IS  HEREBY
 CREATED IN THE EXECUTIVE DEPARTMENT A DIVISION OF CENTRAL ADMINISTRATIVE
 HEARINGS  HEREINAFTER  IN  THIS ARTICLE CALLED THE DIVISION. THE HEAD OF
 SUCH DIVISION SHALL BE A CHIEF ADMINISTRATIVE LAW  JUDGE  WHO  SHALL  BE
 APPOINTED  BY  THE GOVERNOR AND SHALL HOLD OFFICE AT THE PLEASURE OF THE
 GOVERNOR.
   § 1011. POWERS AND DUTIES. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
 THE  CHIEF ADMINISTRATIVE LAW JUDGE MAY ESTABLISH, CONSOLIDATE, REORGAN-
 IZE OR ABOLISH ANY ADMINISTRATIVE  HEARING  FUNCTION  WITHIN  ANY  CIVIL
 DEPARTMENT  AS  HE  OR  SHE DETERMINES TO BE NECESSARY FOR THE EFFICIENT
 OPERATION OF THE DIVISION,  PROVIDED  THAT  ANY  SUCH  ACTIONS  MUST  BE
 APPROVED  BY  THE DIRECTOR OF THE BUDGET PURSUANT TO A PLAN SUBMITTED TO
 THE DIRECTOR, AND PROVIDED FURTHER THAT SUCH AUTHORITY SHALL  NOT  APPLY
 TO THE DEPARTMENT OF LAW AND THE DEPARTMENT OF AUDIT AND CONTROL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  any  actions  necessary  to  be taken for the implementation of the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of

 S. 2006                            183                           A. 3006

 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 U of this act shall be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2006--A                                            A. 3006--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence and the apportionment of public moneys; to amend  the  education
   law, in relation to requiring the commissioner of education to include
   certain  information  in the official score report of all students; to
   amend the education law, in relation to textbooks; to amend the educa-
   tion law, in relation to a weapon or firearm  on  school  grounds;  to
   amend  the  education  law,  in  relation  to English language learner
   pupils; in relation to direct certification data; to amend the  educa-
   tion law, in relation to the census count; to amend the education law,
   in  relation  to  the computation of the state sharing ratio; to amend
   the education law, in relation to the operating amount per  pupil;  to
   amend the education law, in relation to the operating amount per pupil
   for  certain  kindergarten  programs;  to  amend the education law, in
   relation to total foundation aid;  to  amend  the  education  law,  in
   relation  to  community  school  aid;  to  amend the education law, in
   relation to building aid; to amend the education law, in  relation  to
   academic  enhancement  aid; to amend the education law, in relation to
   high tax aid; to amend the education law,  in  relation  to  universal
   pre-kindergarten  aid;  to amend the education law, in relation to the
   statewide universal full-day pre-kindergarten program;  to  amend  the
   education  law,  in  relation  to  state aid adjustments; to amend the
   education law,  in  relation  to  the  teachers  of  tomorrow  teacher
   recruitment  and  retention  program;  to  amend the education law, in
   relation  to  class  sizes  for  special  classes  containing  certain
   students  with disabilities; to amend 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 suspen-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-03-7

 S. 2006--A                          2                         A. 3006--A
 
   sion of pupils who bring a firearm  to  or  possess  a  firearm  at  a
   school,  in relation to the effectiveness thereof; to amend the educa-
   tion law, in relation to the special  needs  of  gifted  students;  to
   amend  the  general municipal law, in relation to the purchase of food
   by school districts; to amend chapter 472 of the laws of 1998,  amend-
   ing  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 effective-
   ness 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 commu-
   nity  boards, in relation to the effectiveness thereof; to amend chap-
   ter 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 education law and other laws relating  to  the  New  York
   city board of education, 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 thereof; to amend chapter 89 of the laws of 2016, relat-
   ing  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 effec-
   tiveness 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 effec-
   tiveness thereof; relating to school bus driver training;  relates  to
   special apportionment for salary 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; and relates to the support of public libraries (Part A);
   to amend the education law, in relation to the establishment of Recov-
   ery High Schools by boards of cooperative educational  services  (Part
   B);  to amend the education law, in relation to the education of home-
   less children (Part C); to amend the education  law,  in  relation  to
   establishing  the  excelsior scholarship (Part D); to amend the educa-
   tion law, in  relation  to  eligibility  requirements  and  conditions
   governing  general  awards,  academic  performance  awards and student
   loans; eligibility requirements for assistance under the higher educa-
   tion opportunity programs and the collegiate  science  and  technology
   entry  program;  the  definition of "resident"; financial aid opportu-
   nities for students of the state university  of  New  York,  the  city
   university  of  New  York  and  community  colleges;  and  the program
   requirements for the New York state  college  choice  tuition  savings
   program; and to repeal subdivision 3 of section 661 of such law relat-
   ing  thereto  (Part E); to amend the education law, in relation to the

 S. 2006--A                          3                         A. 3006--A
 
   tuition assistance program (Part F); to amend the  education  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 estab-
   lishing 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 foundation contributions to the city university of
   New  York (Part H); to amend the limited liability company law and the
   labor law, in relation to the ability of the state to  collect  unpaid
   wages  (Part  I);  to amend the criminal procedure law, the penal law,
   the correction law, the executive  law,  the  family  court  act,  the
   social  services  law, the education law and the state finance law, in
   relation to proceedings against juvenile  offenders  and  the  age  of
   juvenile  offenders  and  to repeal certain provisions of the criminal
   procedure law, the family court act and  the  executive  law  relating
   thereto  (Part  J);  to amend chapter 83 of the laws of 2002, amending
   the executive law and other laws relating to funding for children  and
   family  services,  in  relation to extending the effectiveness thereof
   (Subpart A); and to amend the social services law  and  the  education
   law,  in  relation  to  restructuring financing for residential school
   placements (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 resi-
   dential 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); to amend the social services law and the
   tax law, in relation to increasing the amount of lottery winnings that
   the state can recoup related to current and former  public  assistance
   recipients  (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 criminal history information (Part Q); to utilize reserves
   in the mortgage insurance fund for various housing purposes (Part  R);
   to  amend the real property tax law, in relation to the affordable New
   York housing program and to repeal  certain  provisions  of  such  law
   relating thereto (Part S); to amend the criminal procedure law and the
   judiciary law, in relation to removal of a criminal action to a veter-
   ans  treatment  court  (Part  T);  and  to amend the executive law, in
   relation to creating a division  of  central  administrative  hearings
   within the executive department (Part U)
 
   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 U. 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

 S. 2006--A                          4                         A. 3006--A
 
 "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
 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

 S. 2006--A                          5                         A. 3006--A
 
 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, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
 EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL
 YEAR,  UNLESS  ALL  SCHOOLS  IN  THE  DISTRICT ARE IDENTIFIED AS IN GOOD
 STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTAND-
 ING 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 SIXTEEN--TWO THOUSAND
 SEVENTEEN SCHOOL YEAR. For purposes of this paragraph, the  "gap  elimi-
 nation  adjustment  percentage"  shall  be  calculated as the sum of one
 minus the quotient of the sum of the school district's  net  gap  elimi-
 nation  adjustment  for  two  thousand ten--two thousand eleven computed
 pursuant to chapter fifty-three of the laws of two thousand ten,  making
 appropriations for the support of government, plus the school district's
 gap  elimination adjustment for two thousand eleven--two thousand twelve
 as computed pursuant to chapter fifty-three of the laws of two  thousand
 eleven,  making  appropriations  for the support of the local assistance
 budget, including  support  for  general  support  for  public  schools,
 divided  by  the  total  aid for adjustment computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  local assistance budget, including support for general support
 for public  schools.  Provided,  further,  that  such  amount  shall  be
 expended  to  support  and  maintain  allowable  programs and activities
 approved in the two thousand nine--two thousand ten school  year  or  to
 support new or expanded allowable programs and 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 OFFICE
 OF THE CHANCELLOR SHALL INCLUDE A NOTICE IN THE OFFICIAL SCORE REPORT OF
 ALL STUDENTS WHO RECEIVED A SCORE OF  "ADVANCED"  ON  THE  EIGHTH  GRADE
 STATE ASSESSMENT IN EITHER ENGLISH LANGUAGE ARTS OR MATHEMATICS, INFORM-
 ING  THE STUDENT OF OPPORTUNITIES TO APPLY FOR ADMISSION TO THE SPECIAL-
 IZED HIGH SCHOOLS AUTHORIZED  IN  PARAGRAPH  (B)  OF  SUBDIVISION  1  OF
 SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
   §  3. Subdivision 2 of section 701 of the education law, as amended by
 section 1 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
 read as follows:

 S. 2006--A                          6                         A. 3006--A
 
   2.  A  text-book, for the purposes of this section shall mean: (i) any
 book, or a book substitute, which shall include hard covered  or  paper-
 back  books, work books, or manuals and (ii) for expenses incurred after
 July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
 content-based  instructional  materials in an electronic format, as such
 terms are defined in the regulations of the commissioner, which a  pupil
 is  required  to  use  as  a text, or a text-substitute, in a particular
 class or program in the school he or she legally attends.  For  expenses
 incurred  on or after July first, two thousand eleven, a text-book shall
 also mean items of expenditure that are eligible  for  an  apportionment
 pursuant  to  sections  seven  hundred  eleven,  seven hundred fifty-one
 and/or seven hundred fifty-three of this title,  where  such  items  are
 designated  by  the school district as eligible for aid pursuant to this
 section, provided, however, that if aided pursuant to this section, such
 expenses shall not be aidable pursuant to any other section of law.  FOR
 EXPENSES  INCURRED  ON  OR  AFTER  JULY FIRST, TWO THOUSAND SEVENTEEN, A
 TEXT-BOOK SHALL ALSO MEAN EXPENDITURES  FOR  HIGH  QUALITY  PROFESSIONAL
 DEVELOPMENT,  WHERE  SUCH ITEMS ARE DESIGNATED BY THE SCHOOL DISTRICT AS
 ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED, HOWEVER,  THAT  THE
 TOTAL  EXPENDITURES  FOR  HIGH QUALITY PROFESSIONAL DEVELOPMENT ELIGIBLE
 FOR AID PURSUANT TO THIS SECTION SHALL NOT EXCEED THE  AMOUNT  EQUAL  TO
 THE  DOCUMENTED  REDUCTION  OF  TEXTBOOK  EXPENDITURES  IN THE BASE YEAR
 RESULTING FROM THE USE OF COURSEWARE  OR  OTHER  CONTENT-BASED  INSTRUC-
 TIONAL MATERIALS IN AN ELECTRONIC FORMAT PROVIDED TO THE SCHOOL DISTRICT
 WITHOUT  CHARGE  AND  PROVIDED  FURTHER  THAT  IF AIDED PURSUANT TO THIS
 SECTION, SUCH EXPENSES SHALL  NOT  BE  AIDABLE  PURSUANT  TO  ANY  OTHER
 SECTION OF LAW. Expenditures aided pursuant to this section shall not be
 eligible  for  aid  pursuant  to any other section of law. Courseware or
 other content-based instructional  materials  in  an  electronic  format
 included  in  the  definition  of  textbook pursuant to this subdivision
 shall be subject to the same limitations on content as apply to books or
 book substitutes aided pursuant to this section.
   § 4. Subdivision 9 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:
   9. The total number of charters issued pursuant to this article state-
 wide  shall not exceed four hundred sixty. (a) All charters issued on or
 after July first, two thousand fifteen and counted toward the  numerical
 limits  established  by this subdivision shall be issued by the board of
 regents upon application directly to the board  of  regents  or  on  the
 recommendation  of  the board of trustees of the state university of New
 York pursuant to a competitive process in  accordance  with  subdivision
 nine-a  of this section. [Fifty of such charters issued on or after July
 first, two thousand fifteen, and no more, shall be granted to a  charter
 for  a school to be located in a city having a population of one million
 or more.] The failure of any body to issue  the  regulations  authorized
 pursuant  to  this  article  shall not affect the authority of a charter
 entity to propose a charter to the board of  regents  or  the  board  of
 regents'  authority  to  grant such charter. A conversion of an existing
 public school to a charter school, or the  renewal  or  extension  of  a
 charter  approved by any charter entity, shall not be counted toward the
 numerical limits established by this subdivision.
   (b) A charter that has been surrendered, revoked or terminated [on  or
 before  July  first, two thousand fifteen], including a charter that has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant to paragraph (a) of this subdivision by the board of regents  either

 S. 2006--A                          7                         A. 3006--A
 
 upon  application directly to the board of regents or on the recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant to a competitive process in accordance with  subdivision  nine-a  of
 this  section. Provided that such reissuance shall not be counted toward
 the statewide numerical limit  established  by  this  subdivision[,  and
 provided  further  that no more than twenty-two charters may be reissued
 pursuant to this paragraph].
   (c) For purposes of determining the total number  of  charters  issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter authorized to be issued by chapter fifty-seven of  the  laws  of
 two  thousand  seven  effective July first, two thousand seven, and that
 remains unissued as of July first, two thousand fifteen, may  be  issued
 pursuant  to the provisions of law applicable to a charter authorized to
 be issued by such chapter in effect as of June fifteenth,  two  thousand
 fifteen[;  provided  however  that  nothing  in  this paragraph shall be
 construed to increase the numerical limit applicable to a city having  a
 population  of  one million or more as provided in paragraph (a) of this
 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
   § 5. Clauses (A) and (B) of subparagraph 5 of paragraph (e) of  subdi-
 vision  3 of section 2853 of the education law, as amended by section 11
 of part A of chapter 54 of the laws of 2016,  are  amended  to  read  as
 follows:
   (A)  the actual TOTAL FACILITY rental cost of an alternative privately
 owned site selected by the charter school or
   (B) [twenty] THIRTY percent of the product  of  the  charter  school's
 basic  tuition  for  the  current  school year and (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)
 for  a  charter  school  which expands its grade level, pursuant to this
 article, the positive difference of the charter school's  enrollment  in
 the  current  school  year  minus the charter school's enrollment in the
 school year prior to the first year of the expansion.
   § 5-a. Paragraph c of subdivision 6-g of section 3602 of the education
 law, as amended by section 11-a of part A of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   c.  For  purposes of this subdivision, the approved expenses attribut-
 able to a lease by a charter school of a privately owned site  shall  be
 the  lesser  of  the actual [rent paid] TOTAL FACILITY RENTAL COST under
 the lease or the maximum cost allowance established by the  commissioner
 for leases aidable under subdivision six of this section.
   § 5-b. Paragraph (e) of subdivision 3 of section 2853 of the education
 law is amended by adding a new subparagraph 1-a to read as follows:
   (1-A)  THE  CO-LOCATION  SITE OR ALTERNATIVE SPACE OFFERED PURSUANT TO
 SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE  SUFFICIENT  TO  ACCOMMODATE
 APPROVED  GRADE LEVELS WITHIN THE SAME BUILDING WITHIN BANDS AS FOLLOWS:
 KINDERGARTEN THROUGH GRADE 4, GRADES 5-8,  AND  GRADES  9-12,  INCLUDING
 THOSE  GRADE  LEVELS  NOT  YET  IN OPERATION AT THE TIME OF OFFERING BUT
 INCLUDED WITHIN THE CHARTER SCHOOL'S PLANNED  GRADE  CONFIGURATION.  THE
 DEFINED GRADE LEVEL BANDS HEREIN SHALL INCLUDE AN ALLOWABLE DEVIATION OF
 ONE  GRADE LEVEL ABOVE OR BELOW THE STATED LEVELS IF SUCH GRADE LEVEL IS
 AN EXISTING APPROVED GRADE LEVEL OF THE CHARTER SCHOOL.
   § 6. Subdivision 41 of section 3602 of the education law, as added  by
 section  18 of part B of chapter 57 of the laws of 2007, the subdivision

 S. 2006--A                          8                         A. 3006--A
 
 heading and opening paragraph as amended by section  20  of  part  B  of
 chapter 57 of the laws of 2008, is amended to read as follows:
   41.  Transitional  aid for charter school payments. In addition to any
 other apportionment under this section, for the two thousand  seven--two
 thousand  eight school year and thereafter, a school district other than
 a city school district in a city having a population of one  million  or
 more  shall  be  eligible for an apportionment in an amount equal to the
 sum of
   (a) the product of (i) the product of eighty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the base
 year less the number of resident pupils enrolled in a charter school  in
 the  year  prior  to  the  base  year,  provided, however, that a school
 district shall be eligible for an apportionment pursuant to  this  para-
 graph  only  if  the  number  of its resident pupils enrolled in charter
 schools in the base year exceeds  two  percent  of  the  total  resident
 public  school  district  enrollment of such school district in the base
 year or the total general fund payments made by such district to charter
 schools in the base year for resident pupils enrolled in charter schools
 exceeds two percent of total general fund expenditures of such  district
 in the base year, plus
   (b)  the product of (i) the product of sixty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the year
 prior to the base year less the number of resident pupils enrolled in  a
 charter  school  in the year two years prior to the base year, provided,
 however, that a school district shall be eligible for  an  apportionment
 pursuant  to  this  paragraph  only if the number of its resident pupils
 enrolled in charter schools in the year prior to the base  year  exceeds
 two  percent  of the total resident public school district enrollment of
 such school district in the year prior to the base  year  or  the  total
 general  fund  payments  made by such district to charter schools in the
 year prior to the base year for  resident  pupils  enrolled  in  charter
 schools  exceeds  two  percent of the total general fund expenditures of
 such district in the year prior to the base year, plus
   (c) the product of (i) the product of forty percent multiplied by  the
 charter  school  basic tuition computed for such school district for the
 base year pursuant to section twenty-eight  hundred  fifty-six  of  this
 chapter,  multiplied  by  (ii)  the  positive difference, if any, of the
 number of resident pupils enrolled in the charter school in the year two
 years prior to the base year less the number of resident pupils enrolled
 in a charter school in the year three years  prior  to  the  base  year,
 provided,  however,  that  a  school  district  shall be eligible for an
 apportionment pursuant to this paragraph only if the number of its resi-
 dent pupils enrolled in charter schools in the year two years  prior  to
 the  base  year  exceeds two percent of the total resident public school
 district enrollment of such school district in the year two years  prior
 to  the  base  year  or  the  total  general  fund payments made by such
 district to charter schools in the year two years prior to the base year
 for resident pupils enrolled in charter schools exceeds two  percent  of
 the  total  general  fund  expenditures of such district in the year two
 years prior to the base year[.], PLUS

 S. 2006--A                          9                         A. 3006--A
 
   (d) FOR AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO  THOUSAND  NINE-
 TEEN  SCHOOL  YEAR THE PRODUCT OF (I) NINETY PERCENT, MULTIPLIED BY (II)
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR SUCH SCHOOL DISTRICT FOR THE BASE YEAR PURSUANT TO SECTION
 TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER LESS THE CHARTER SCHOOL
 BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT  FOR  THE  TWO  THOUSAND
 TEN--TWO  THOUSAND  ELEVEN  SCHOOL YEAR PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED FIFTY-SIX OF THIS CHAPTER, MULTIPLIED BY  (III)  THE  NUMBER  OF
 RESIDENT  PUPILS  ENROLLED  IN  THE  CHARTER  SCHOOL  IN  THE BASE YEAR,
 PROVIDED, HOWEVER, THAT A SCHOOL  DISTRICT  SHALL  BE  ELIGIBLE  FOR  AN
 APPORTIONMENT PURSUANT TO THIS PARAGRAPH ONLY IF THE NUMBER OF ITS RESI-
 DENT  PUPILS  ENROLLED  IN CHARTER SCHOOLS IN THE BASE YEAR EXCEEDS FIVE
 THOUSANDTHS (0.005) OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLL-
 MENT OF SUCH SCHOOL DISTRICT IN THE BASE YEAR OR THE TOTAL GENERAL  FUND
 PAYMENTS  MADE  BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE BASE YEAR FOR
 RESIDENT PUPILS ENROLLED IN CHARTER  SCHOOLS  EXCEEDS  FIVE  THOUSANDTHS
 (0.005)  OF  THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE
 BASE YEAR, PLUS
   (E) FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY
 SCHOOL  YEAR  THE  PRODUCT  OF (I) SIXTY PERCENT, MULTIPLIED BY (II) THE
 POSITIVE DIFFERENCE,  IF  ANY,  OF  THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR  SUCH  SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER  LESS
 THE  CHARTER  SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT FOR
 THE TWO THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR  PURSUANT  TO
 SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER, MULTIPLIED BY
 (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE  CHARTER  SCHOOL  IN
 THE  YEAR  PRIOR  TO  THE  BASE  YEAR,  PROVIDED, HOWEVER, THAT A SCHOOL
 DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO  THIS  PARA-
 GRAPH  ONLY  IF  THE  NUMBER  OF ITS RESIDENT PUPILS ENROLLED IN CHARTER
 SCHOOLS IN THE YEAR PRIOR TO THE  BASE  YEAR  EXCEEDS  FIVE  THOUSANDTHS
 (0.005)  OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT OF SUCH
 SCHOOL DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR OR THE TOTAL  GENERAL
 FUND PAYMENTS MADE BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE YEAR PRIOR
 TO THE BASE YEAR FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS
 FIVE  THOUSANDTHS (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF SUCH
 DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR, PLUS
   (F) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-
 ONE  SCHOOL  YEAR  THE PRODUCT OF (I) THIRTY PERCENT, MULTIPLIED BY (II)
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR  SUCH  SCHOOL DISTRICT FOR THE YEAR TWO YEARS PRIOR TO THE
 BASE YEAR PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED  FIFTY-SIX  OF  THIS
 CHAPTER  LESS  THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL
 DISTRICT FOR THE TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR
 PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER,
 MULTIPLIED BY (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE  CHAR-
 TER  SCHOOL  IN  THE  YEAR  TWO  YEARS PRIOR TO THE BASE YEAR, PROVIDED,
 HOWEVER, THAT A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR  AN  APPORTIONMENT
 PURSUANT  TO  THIS  PARAGRAPH  ONLY IF THE NUMBER OF ITS RESIDENT PUPILS
 ENROLLED IN CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 EXCEEDS FIVE THOUSANDTHS (0.005) OF THE  TOTAL  RESIDENT  PUBLIC  SCHOOL
 DISTRICT  ENROLLMENT OF SUCH SCHOOL DISTRICT IN THE YEAR TWO YEARS PRIOR
 TO THE BASE YEAR OR  THE  TOTAL  GENERAL  FUND  PAYMENTS  MADE  BY  SUCH
 DISTRICT TO CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS FIVE THOUSANDTHS

 S. 2006--A                         10                         A. 3006--A

 (0.005)  OF  THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE
 YEAR TWO YEARS PRIOR TO THE BASE YEAR.
   (G)  For purposes of this subdivision the number of pupils enrolled in
 a charter school shall not include pupils enrolled in a  charter  school
 for  which  the  charter  was  approved by a charter entity contained in
 paragraph a of subdivision three of section twenty-eight hundred  fifty-
 one of this chapter.
   §  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 amended 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-
 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

 S. 2006--A                         11                         A. 3006--A
 
 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
 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.  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

 S. 2006--A                         12                         A. 3006--A
 
 using  funds from the elementary and secondary education act of nineteen
 hundred sixty-five who is determined  under  this  subdivision  to  have
 brought  a firearm to or possessed a firearm at a public school or other
 premises  used  by the school district to provide such programs shall be
 suspended for a period of not less than one calendar year  from  partic-
 ipation  in such program. The procedures of this subdivision shall apply
 to such a suspension of a nonpublic school pupil.  A  superintendent  of
 schools,  district superintendent of schools or community superintendent
 shall have the authority to modify this suspension requirement for  each
 student  on  a case-by-case basis. The determination of a superintendent
 shall be subject to review by the board of education pursuant  to  para-
 graph  c  of  this  subdivision and the commissioner pursuant to section
 three hundred ten of this chapter. Nothing in this subdivision shall  be
 deemed  to  authorize  the  suspension of a student with a disability in
 violation of the individuals with disabilities education act or  article
 eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
 under the age of sixteen who has been determined to have brought a weap-
 on or firearm to school in violation of this subdivision to  a  present-
 ment  agency for a juvenile delinquency proceeding consistent with arti-
 cle three of the family court act except a student fourteen  or  fifteen
 years  of  age who qualifies for juvenile offender status under subdivi-
 sion forty-two of section 1.20 of the criminal procedure law;  PROVIDED,
 HOWEVER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND NINETEEN A SUPER-
 INTENDENT  SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO HAS BEEN
 DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF
 THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE  DELINQUENCY
 PROCEEDING  CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT
 A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS  UNDER  SUBDIVISION
 FORTY-TWO  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND PROVIDED,
 FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY, A  SUPER-
 INTENDENT  SHALL  REFER THE PUPIL UNDER THE AGE OF EIGHTEEN WHO HAS BEEN
 DETERMINED TO HAVE BROUGHT A WEAPON OR FIREARM TO SCHOOL IN VIOLATION OF
 THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE  DELINQUENCY
 PROCEEDING  CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT ACT EXCEPT
 A STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS  UNDER  SUBDIVISION
 FORTY-TWO  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.  A superinten-
 dent shall refer any pupil sixteen years of age or older  or  a  student
 fourteen  or  fifteen  years  of age who qualifies for juvenile offender
 status under subdivision forty-two  of  section  1.20  of  the  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.
   §  11.  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

 S. 2006--A                         13                         A. 3006--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
 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 crim-
 inal  procedure law; PROVIDED, HOWEVER THAT COMMENCING ON JANUARY FIRST,
 TWO THOUSAND NINETEEN A SUPERINTENDENT SHALL REFER THE PUPIL  UNDER  THE
 AGE  OF  SEVENTEEN  WHO  HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR
 FIREARM TO SCHOOL IN VIOLATION OF  THIS  SUBDIVISION  TO  A  PRESENTMENT
 AGENCY  FOR  A  JUVENILE  DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE
 THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES  FOR  JUVE-
 NILE  OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW; AND PROVIDED FURTHER THAT COMMENCING ON  JANUARY
 FIRST, TWO THOUSAND TWENTY, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER
 THE  AGE OF EIGHTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAPON OR
 FIREARM TO SCHOOL IN VIOLATION OF  THIS  SUBDIVISION  TO  A  PRESENTMENT
 AGENCY  FOR  A  JUVENILE  DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE
 THREE OF THE FAMILY COURT ACT EXCEPT A STUDENT WHO QUALIFIES  FOR  JUVE-
 NILE  OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW. A superintendent shall refer any  pupil  sixteen
 years  of age or older or a student fourteen or fifteen years of age who
 qualifies for juvenile offender status under  subdivision  forty-two  of
 section  1.20  of the criminal procedure law, who has been determined to
 have brought a weapon to school in violation of this subdivision to  the
 appropriate law enforcement officials.
   §  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-

 S. 2006--A                         14                         A. 3006--A
 
 sioner pursuant to the provisions of this chapter and in accordance with
 regulations adopted for such purpose.
   § 15. The commissioner of education shall include direct certification
 data,  for the three most recently available school years, as referenced
 in the report submitted by such commissioner pursuant to section  46  of
 part  A of chapter 54 of the laws of 2016 in the updated electronic data
 files prepared pursuant to paragraph b of subdivision 21 of section  305
 of the education law.
   §  16.  Subparagraph  (ii)  of 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:
   (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
 AID FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND  SEVENTEEN--TWO  THOUSAND
 EIGHTEEN SCHOOL YEAR, the quotient of the number of persons aged five to
 seventeen within the school district, based on the most recent decennial
 census  as 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,  OR  (B)  FOR AID FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR AND THEREAFTER, 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 POVER-
 TY 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 DECIMALS WITHOUT ROUNDING.
   § 17. Paragraph g of subdivision 3 of section 3602  of  the  education
 law,  as  amended  by  section 13 of part B of chapter 57 of the laws of
 2008, is amended to read as follows:
   g. Computation of the state sharing ratio.  The  state  sharing  ratio
 shall be the higher of:
   (1)  a  value  computed  by  subtracting  from  one  and  thirty-seven
 hundredths the product obtained by multiplying the combined wealth ratio
 by one and twenty-three hundredths; or
   (2) a value computed by subtracting from one the product  obtained  by
 multiplying the combined wealth ratio by sixty-four hundredths; or
   (3) a value computed by subtracting from eighty hundredths the product
 obtained  by  multiplying  the  combined  wealth  ratio  by  thirty-nine
 hundredths; or
   (4) a value computed by  subtracting  from  fifty-one  hundredths  the
 product  obtained by multiplying the combined wealth ratio by twenty-two
 hundredths, provided, however, that for the  purpose  of  computing  the
 state  sharing ratio for total foundation aid, the tier four value shall
 NOT be computed [by subtracting from fifty-one  hundredths  the  product
 obtained  by multiplying the combined wealth ratio by one hundred seven-

 S. 2006--A                         15                         A. 3006--A

 ty-three thousandths] and  such  values  shall  be  computed  using  the
 combined  wealth ratio for total foundation aid in place of the combined
 wealth ratio, and, for high need school districts, as determined  pursu-
 ant  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", such values
 shall be multiplied by one hundred five percent.
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero.
   § 18. Subdivision 1 of section 3602 of the education law is amended by
 adding a new paragraph hh to read as follows:
   HH. OPERATING AMOUNT PER PUPIL. THE OPERATING AMOUNT PER  PUPIL  SHALL
 EQUAL  THE  REMAINDER  WHEN  THE  EXPECTED MINIMUM LOCAL CONTRIBUTION IS
 SUBTRACTED FROM THE PRODUCT OF THE ADJUSTED COST  AMOUNT,  THE  REGIONAL
 COST INDEX, AND THE PUPIL NEED INDEX.
   (I)  THE ADJUSTED COST AMOUNT SHALL REFLECT THE AVERAGE PER PUPIL COST
 OF GENERAL EDUCATION INSTRUCTION  IN  SUCCESSFUL  SCHOOL  DISTRICTS,  AS
 DETERMINED  BY  A STATISTICAL ANALYSIS OF THE COSTS OF SPECIAL EDUCATION
 AND GENERAL EDUCATION IN SUCCESSFUL SCHOOL DISTRICTS, PROVIDED THAT  THE
 ADJUSTED  COST AMOUNT SHALL BE ADJUSTED ANNUALLY TO REFLECT THE PERCENT-
 AGE INCREASE IN THE CONSUMER PRICE INDEX.
   (II) 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 SEVENTEEN--TWO THOUSAND
 EIGHTEEN SCHOOL YEAR AND THEREAFTER SHALL BE AS FOLLOWS:
   LABOR FORCE REGION INDEX
   CAPITAL DISTRICT 1.124
   SOUTHERN TIER 1.045
   WESTERN NEW YORK 1.091
   HUDSON VALLEY 1.314
   LONG ISLAND/NYC 1.425
   FINGER LAKES 1.141
   CENTRAL NEW YORK 1.103
   MOHAWK VALLEY 1.000
   NORTH COUNTRY 1.000
   (III) THE PUPIL NEED INDEX  SHALL  EQUAL  THE  SUM  OF  ONE  PLUS  THE
 EXTRAORDINARY  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.
   (IV) THE EXPECTED MINIMUM LOCAL CONTRIBUTION SHALL EQUAL THE LESSER OF
 (1)  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 (2) THE PRODUCT OF (A) THE PRODUCT OF THE ADJUSTED COST
 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

 S. 2006--A                         16                         A. 3006--A
 
 OF PARAGRAPH E OF THIS SUBDIVISION PLUS THE STATEWIDE AVERAGE  TAX  RATE
 COMPUTED  BY  THE COMMISSIONER FOR THE BASE YEAR IN ACCORDANCE WITH SUCH
 PROVISIONS PLUS THE STATEWIDE AVERAGE TAX RATE COMPUTED BY  THE  COMMIS-
 SIONER  FOR  THE  YEAR  PRIOR  TO  THE BASE YEAR IN ACCORDANCE WITH SUCH
 PROVISIONS, DIVIDED BY THREE. THE INCOME WEALTH INDEX  SHALL  BE  CALCU-
 LATED  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
 ZERO  NOR MORE THAN TWO HUNDRED PERCENT (2.0). THE SELECTED ACTUAL VALU-
 ATION SHALL BE CALCULATED PURSUANT TO PARAGRAPH C OF  THIS  SUBDIVISION.
 TOTAL  WEALTH  FOUNDATION  PUPIL  UNITS  SHALL BE CALCULATED PURSUANT TO
 PARAGRAPH H OF SUBDIVISION TWO OF THIS SECTION.
   § 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
 school year and thereafter, school districts which provided any half-day
 kindergarten  programs  or  had no kindergarten programs in the nineteen
 hundred ninety-six--ninety-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 aid equal to the product of
 the district's [selected foundation aid calculated pursuant to  subdivi-
 sion four] OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH HH OF SUBDI-
 VISION ONE of this section multiplied by the positive difference result-
 ing  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.
   §  20.  Paragraph c of subdivision 15 of section 3602 of the education
 law, as amended by section 16 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   c.  In  addition  to  any  other aid computed under this section, such
 school district shall be eligible to receive, for each  excess  transfer
 pupil, an amount equal to the [selected foundation aid for such district
 computed pursuant to subdivision four] OPERATING AMOUNT PER PUPIL PURSU-
 ANT TO PARAGRAPH HH OF SUBDIVISION ONE of this section.
   §  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  amended
 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

 S. 2006--A                         17                         A. 3006--A

 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
 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

 S. 2006--A                         18                         A. 3006--A

 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.]
   A. FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL  YEAR,
 DISTRICTS  SHALL BE ELIGIBLE FOR FOUNDATION AID EQUAL TO THE SUM OF: (1)
 THE BASE INCREASE, PLUS (2) THE COMMUNITY SCHOOLS INCREASE, PLUS (3) THE
 FOUNDATION AID BASE, AS DEFINED PURSUANT TO PARAGRAPH J  OF  SUBDIVISION
 ONE  OF  THIS SECTION. FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
 TEEN SCHOOL YEAR AND THEREAFTER, DISTRICTS SHALL BE ELIGIBLE FOR FOUNDA-
 TION AID EQUAL TO THE AMOUNT OF FOUNDATION AID SUCH DISTRICT RECEIVED IN
 THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR.
   1. THE BASE INCREASE SHALL BE EQUAL TO THE GREATER OF  THE  FOUNDATION
 AID  PER  PUPIL  INCREASE  OR  THE  SCALED  PER PUPIL INCREASE. THE BASE
 INCREASE SHALL NOT EXCEED THE PRODUCT OF FIFTEEN PERCENT  MULTIPLIED  BY
 THE  FOUNDATION  AID  BASE  AND  SHALL  NOT BE LESS THAN THE DUE MINIMUM
 INCREASE.
   (I) THE FOUNDATION AID PER PUPIL INCREASE SHALL BE EQUAL TO THE  PROD-
 UCT  OF THE SELECTED PER PUPIL FOUNDATION AID INCREASE AS DEFINED HEREIN
 MULTIPLIED BY THE SELECTED TOTAL AIDABLE FOUNDATION PUPIL UNITS COMPUTED
 PURSUANT TO PARAGRAPH G OF SUBDIVISION TWO OF THIS SECTION.
   (A) THE SELECTED PER PUPIL FOUNDATION AID INCREASE SHALL BE  EQUAL  TO
 THE  PER  PUPIL  FOUNDATION INCREASE AS DEFINED HEREIN LESS THE SELECTED
 LOCAL SHARE, WITH A MINIMUM OF FIVE HUNDRED DOLLARS ($500) MULTIPLIED BY
 THE PER PUPIL FOUNDATION INCREASE FACTOR, ROUNDED TO TWO DECIMALS.
   (B) THE PER PUPIL FOUNDATION INCREASE  FACTOR  FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR SHALL BE EQUAL TO ONE AND
 TWO HUNDRED TWENTY-SEVEN THOUSANDTHS PERCENT (0.01227).
   (C) THE PER PUPIL FOUNDATION INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 (I) THE PRODUCT OF THE ADJUSTED COST AMOUNT, THE REGIONAL COST INDEX  AS
 SET  FORTH  IN  PARAGRAPH  HH OF SUBDIVISION ONE OF THIS SECTION AND THE
 PUPIL NEED INDEX COMPUTED TO TWO DECIMALS WITHOUT  ROUNDING,  MULTIPLIED
 BY (II) THE PER PUPIL FOUNDATION INCREASE FACTOR.
   (D)  THE  SELECTED LOCAL SHARE SHALL BE EQUAL TO THE LESSER OF (A) THE
 PRODUCT OF THE PER PUPIL FOUNDATION INCREASE AND THE VALUE  COMPUTED  BY
 SUBTRACTING  FROM  ONE  THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID
 COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF  THIS  SECTION,
 ROUNDED  TO  TWO  DECIMALS OR (B) THE PRODUCT OF THE QUOTIENT ARRIVED AT
 WHEN DIVIDING THE SELECTED ACTUAL VALUATION BY TOTAL  WEALTH  FOUNDATION
 PUPIL UNITS, MULTIPLIED BY THE PRODUCT OF THE INCOME WEALTH INDEX MULTI-
 PLIED  BY  THE  LOCAL  TAX FACTOR MULTIPLIED BY THE PER PUPIL FOUNDATION
 INCREASE FACTOR, PROVIDED, HOWEVER, THAT THE INCOME WEALTH  INDEX  SHALL
 NOT BE LESS THAN ZERO NOR EXCEED TWO HUNDRED PERCENT (2.0).
   (II)  THE  SCALED  PER PUPIL INCREASE SHALL BE EQUAL TO THE PRODUCT OF
 ONE HUNDRED NINETY-FIVE DOLLARS ($195)  MULTIPLIED  BY  THE  SCALED  PER
 PUPIL  RATIO, MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLL-
 MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVI-
 SION ONE OF THIS SECTION. THE SCALED PER PUPIL RATIO SHALL BE THE  VALUE

 S. 2006--A                         19                         A. 3006--A
 
 COMPUTED  BY  SUBTRACTING  FROM  TWO  THE  PRODUCT  OF  TWO  AND FIFTEEN
 HUNDREDTHS (2.15) MULTIPLIED BY THE  COMBINED  WEALTH  RATIO  FOR  TOTAL
 FOUNDATION  AID,  DEFINED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF
 SUBDIVISION  THREE  OF  THIS  SECTION,  COMPUTED TO THREE DECIMAL PLACES
 WITHOUT ROUNDING. THE SCALED PER PUPIL  RATIO  SHALL  NOT  EXCEED  NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   (III)  THE  DUE  MINIMUM INCREASE SHALL BE EQUAL TO THE PRODUCT OF THE
 FOUNDATION AID BASE AND THE DUE MINIMUM PERCENT. FOR  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL YEAR, THE DUE MINIMUM PERCENT
 SHALL EQUAL: (A) FOR A CITY SCHOOL DISTRICT OF A  CITY  HAVING  A  POPU-
 LATION  OF  ONE MILLION OR MORE, TWO AND NINETY-THREE HUNDREDTHS PERCENT
 (0.0293);(B) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN
 EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND  LESS  THAN  ONE  MILLION
 INHABITANTS,  TWO  AND  ONE-HUNDRED  AND  SIXTY-FIVE THOUSANDTHS PERCENT
 (0.02165), AND (C) FOR ALL OTHER PUBLIC SCHOOL DISTRICTS, OTHER  THAN  A
 SPECIAL  ACT  SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 FOUR THOUSAND ONE OF THIS CHAPTER,  ELIGIBLE  FOR  FOUNDATION  AID,  ONE
 PERCENT (0.01).
   2.  THE  COMMUNITY  SCHOOLS INCREASE SHALL BE, FOR ALL ELIGIBLE SCHOOL
 DISTRICTS, EQUAL TO THE PRODUCT OF THE SCALED PER  PUPIL  AMOUNT  MULTI-
 PLIED  BY  THE  BASE  YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED
 PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE  OF  THIS
 SECTION,  BUT  SHALL  NOT  BE  LESS  THAN ONE-HUNDRED AND FIFTY THOUSAND
 DOLLARS ($150,000).
   (I) (A) A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR THE COMMUNITY  SCHOOLS
 INCREASE  IF (1) THE SCHOOL DISTRICT CONTAINS AT LEAST ONE SCHOOL DESIG-
 NATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO
 PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F
 OF THIS CHAPTER AS OF JANUARY FIRST, TWO THOUSAND SEVENTEEN OR  (2)  THE
 SCHOOL  DISTRICT  HAS  BOTH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
 AID LESS THAN ONE AND TWO-TENTHS (1.2)  AND  HAS  A  QUALIFYING  ENGLISH
 LANGUAGE LEARNER POPULATION LEVEL.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, A QUALIFYING ENGLISH LANGUAGE
 LEARNER POPULATION LEVEL SHALL MEAN THOSE SCHOOL DISTRICTS WHERE (1) THE
 QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT  BY
 THE  BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO
 SUBPARAGRAPH TWO OF PARAGRAPH N  OF  SUBDIVISION  ONE  OF  THIS  SECTION
 EXCEEDS  FIVE PERCENT (0.05) AND (2) THE POSITIVE DIFFERENCE, IF ANY, OF
 THE ENGLISH LANGUAGE LEARNER COUNT LESS THE  AMOUNT  EQUAL  TO  "2011-12
 ENGLISH  LANGUAGE  LEARNERS"  IN  THE  COMPUTER  LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  FOR  THE  TWO
 THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR ENTITLED "BT171-8"
 IS  GREATER THAN BOTH (A) ONE HUNDRED PUPILS AND (B) THE PRODUCT OF ONE-
 TENTH (0.10) MULTIPLIED BY THE AMOUNT EQUAL TO "2011-12 ENGLISH LANGUAGE
 LEARNERS" IN THE  COMPUTER  LISTING  PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT  OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SEVENTEEN-
 -TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8".
   (II) THE COMMUNITY SCHOOLS SCALED PER PUPIL AMOUNT SHALL BE  EQUAL  TO
 THE  PRODUCT OF EIGHTY-EIGHT DOLLARS AND THREE CENTS ($88.03) MULTIPLIED
 BY THE DIFFERENCE OF SUBTRACTING FROM ONE THE PRODUCT  OF  THE  COMBINED
 WEALTH   RATIO   FOR  TOTAL  FOUNDATION  AID  MULTIPLIED  BY  SIXTY-FOUR
 HUNDREDTHS (0.64), PROVIDED THAT SUCH PRODUCT  SHALL  NOT  EXCEED  NINE-
 TENTHS (0.9) OR BE LESS THAN ZERO.
   B.  For  the purposes of calculating aid pursuant to this subdivision,
 aid for the city school district of the city of New York shall be calcu-
 lated on a citywide basis.

 S. 2006--A                         20                         A. 3006--A
 
   [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 two
 thousand twenty-two of this chapter, provided that for the two  thousand
 eight--two  thousand  nine  school year, for the purpose of such adjust-
 ment, the percentage increase in  the  consumer  price  index  shall  be
 deemed  to  be two and nine-tenths percent (0.029), and provided further
 that the foundation amount for  the  two  thousand  seven--two  thousand
 eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
 dollars, and provided further that for the two thousand seven--two thou-
 sand eight through two thousand sixteen--two thousand  seventeen  school
 years,  the  foundation amount shall be further adjusted by the phase-in
 foundation percent established pursuant to paragraph b of this  subdivi-
 sion.
   (2)  The regional cost index shall reflect an analysis of labor market
 costs based on median salaries in professional occupations that  require
 similar  credentials  to  those of positions in the education field, but
 not including those occupations in the education  field,  provided  that
 the regional cost indices for the two thousand seven--two thousand eight
 school year and thereafter shall be as follows:
           Labor Force Region  Index
           Capital District    1.124
           Southern Tier       1.045
           Western New York    1.091
           Hudson Valley       1.314
           Long Island/NYC     1.425
           Finger Lakes        1.141
           Central New York    1.103
           Mohawk Valley       1.000
           North Country       1.000
   (3)  The pupil need index shall equal the sum of one plus the extraor-
 dinary needs percent, provided, however, that the pupil need index shall
 not be less than one nor more than two. The extraordinary needs  percent
 shall  be  calculated pursuant to paragraph w of subdivision one of this
 section.
   (4) The expected minimum local contribution shall equal the lesser  of
 (i)  the product of (A) the quotient arrived at when the selected actual
 valuation is divided by total wealth foundation pupil units,  multiplied
 by  (B)  the  product  of the local tax factor, multiplied by the income
 wealth index, or (ii) the product of (A) the product of  the  foundation
 amount, the regional cost index, and the pupil need index, multiplied by
 (B)  the  positive  difference,  if  any, of one minus the state sharing
 ratio for total foundation aid. The local tax  factor  shall  be  estab-
 lished by May first of each year by determining the product, computed to
 four  decimal  places  without rounding, of ninety percent multiplied by
 the quotient of the sum of the statewide average tax rate as computed by
 the commissioner for the current year in accordance with the  provisions
 of  paragraph  e of subdivision one of section thirty-six hundred nine-e

 S. 2006--A                         21                         A. 3006--A

 of this part plus the statewide average tax rate computed by the commis-
 sioner for the base year in accordance with  such  provisions  plus  the
 statewide  average  tax  rate  computed by the commissioner for the year
 prior  to  the  base year in accordance with such provisions, divided by
 three, provided however that for the two  thousand  seven--two  thousand
 eight  school  year,  such local tax factor shall be sixteen thousandths
 (0.016), and provided further that for the two thousand eight--two thou-
 sand nine school year, such  local  tax  factor  shall  be  one  hundred
 fifty-four  ten  thousandths  (0.0154). The income wealth index shall be
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum local contribution the income wealth index shall not  be  less  than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0)  and  provided  however that such income wealth index shall not be
 more than ninety-five percent (0.95) for  the  two  thousand  eight--two
 thousand  nine school year, and provided further that such income wealth
 index shall not be less than zero for  the  two  thousand  thirteen--two
 thousand  fourteen  school  year. The selected actual valuation shall be
 calculated pursuant to paragraph c of subdivision one of  this  section.
 Total  wealth  foundation  pupil  units  shall be calculated pursuant to
 paragraph h of subdivision two of this section.
   b. Phase-in foundation increase. (1) The phase-in foundation  increase
 shall  equal  the  product  of  the  phase-in foundation increase factor
 multiplied by the positive difference, if any, of (i) the product of the
 total aidable  foundation  pupil  units  multiplied  by  the  district's
 selected foundation aid less (ii) the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section.
   (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
 shall equal one hundred thirteen and  fourteen  one  hundredths  percent
 (1.1314)  for  the two thousand eleven--two thousand twelve school year,
 one hundred ten and thirty-eight hundredths percent (1.1038) for the two
 thousand twelve--two thousand thirteen school year,  one  hundred  seven
 and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
 teen--two thousand fourteen  school  year,  one  hundred  five  and  six
 hundredths  percent (1.0506) for the two thousand fourteen--two thousand
 fifteen school year,  and  one  hundred  two  and  five  tenths  percent
 (1.0250) for the two thousand fifteen--two thousand sixteen school year.
   (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

 S. 2006--A                         22                         A. 3006--A

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

 S. 2006--A                         23                         A. 3006--A

 produced by the commissioner in support of the enacted  budget  for  the
 two   thousand  seven--two  thousand  eight  school  year  and  entitled
 "SA0708", nine  and  seven  hundred  and  nineteen  thousandths  percent
 (0.09719);  or  (7)  for  school districts designated as high need rural
 pursuant to clause (c) of subparagraph two of paragraph c of subdivision
 six of this section for the school aid computer listing produced by  the
 commissioner  in  support  of  the  enacted  budget for the two thousand
 seven--two thousand eight school year and  entitled  "SA0708",  thirteen
 and  six  tenths percent (0.136); or (8) for school districts designated
 as high need urban-suburban pursuant to clause (c) of  subparagraph  two
 of  paragraph  c  of  subdivision six of this section for the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", seven hundred nineteen thousandths percent (0.00719);
 or (9) for all other eligible school districts,  forty-seven  hundredths
 percent  (0.0047) and for the two thousand seventeen--two thousand eigh-
 teen school year and thereafter the commissioner shall  annually  deter-
 mine  the  phase-in  foundation  increase  factor  subject to allocation
 pursuant to the provisions of subdivision eighteen of this  section  and
 any  provisions of a chapter of the laws of New York as described there-
 in.]
   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
 BASE YEAR AIDS" in such computer listing plus (B)  the  gap  elimination
 adjustment for the base year.]
   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

 S. 2006--A                         24                         A. 3006--A

 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. 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] THE SUM OF (I) THE AMOUNT, IF ANY, SET FORTH
 FOR  SUCH  DISTRICT  AS  "COMMUNITY  SCHL AID (BT1617)" IN THE DATA FILE
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
 TWO  THOUSAND  SIXTEEN--TWO  THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED
 "SA161-7" AND (II) THE AMOUNT, IF ANY, SET FORTH FOR  SUCH  DISTRICT  AS
 "COMMUNITY  SCHL  INCR" IN THE DATA FILE PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND  SEVENTEEN-
 -TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND ENTITLED "BT171-8". EACH SCHOOL
 DISTRICT shall use [the] SUCH "COMMUNITY SCHL AID (BT1617)"  amount  [so
 set aside] to support the transformation of school buildings into commu-
 nity  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[:]. EACH SCHOOL  DISTRICT  SHALL
 USE  SUCH  "COMMUNITY SCHL INCR" AMOUNT 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 AND PROGRAMS
 FOR ENGLISH LANGUAGE LEARNERS, PROVIDED FURTHER THAT A  SCHOOL  DISTRICT
 WHOSE   "COMMUNITY   SCHL  INCR"  AMOUNT  EXCEEDS  ONE  MILLION  DOLLARS
 ($1,000,000) SHALL USE AN AMOUNT EQUAL TO THE  GREATER  OF  ONE  HUNDRED
 FIFTY THOUSAND DOLLARS ($150,000) OR TEN PERCENT OF SUCH "COMMUNITY SCHL
 INCR"  AMOUNT  TO SUPPORT SUCH TRANSFORMATION AT ADDITIONAL SCHOOLS WITH
 EXTRAORDINARY HIGH LEVELS OF STUDENT NEED AS IDENTIFIED BY  THE  COMMIS-
 SIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET.
 [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

 S. 2006--A                         25                         A. 3006--A

 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
 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

 S. 2006--A                         26                         A. 3006--A

 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
 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

 S. 2006--A                         27                         A. 3006--A

 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
 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

 S. 2006--A                         28                         A. 3006--A

 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
 Wyandanch                                           $402,010
 Yonkers                                           $4,286,726
 Yorkshire-Pioneer                                  $210,306]
   §  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

 S. 2006--A                         29                         A. 3006--A
 
 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-
 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.
   § 24. Subdivision 12 of section 3602 of the education law  is  amended
 by adding a  new undesignated 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
 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

 S. 2006--A                         30                         A. 3006--A
 
 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
 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

 S. 2006--A                         31                         A. 3006--A
 
 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] OPERATING AMOUNT PER PUPIL PURSUANT TO PARAGRAPH  HH  OF
 SUBDIVISION  ONE  OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE 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] TWEN-
 TY-SEVEN HUNDRED DOLLARS ($2,700);
   (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"
 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-

 S. 2006--A                         32                         A. 3006--A
 
 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
 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

 S. 2006--A                         33                         A. 3006--A

 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.]
   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.
   D. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, APPORTIONMENTS
 UNDER THIS SECTION GREATER THAN THE AMOUNTS PROVIDED IN THE TWO THOUSAND
 SIXTEEN--TWO THOUSAND SEVENTEEN  SCHOOL  YEAR  SHALL  ONLY  BE  USED  TO
 SUPPLEMENT AND NOT SUPPLANT CURRENT LOCAL EXPENDITURES OF FEDERAL, STATE
 OR  LOCAL  FUNDS  ON PREKINDERGARTEN PROGRAMS AND THE NUMBER OF SLOTS IN
 SUCH PROGRAMS  FROM  SUCH  SOURCES.  CURRENT  LOCAL  EXPENDITURES  SHALL
 INCLUDE  ANY LOCAL EXPENDITURES OF FEDERAL, STATE OR LOCAL FUNDS USED TO
 SUPPLEMENT OR EXTEND SERVICES  PROVIDED  DIRECTLY  OR  VIA  CONTRACT  TO
 ELIGIBLE CHILDREN ENROLLED IN A UNIVERSAL PREKINDERGARTEN PROGRAM PURSU-
 ANT TO THIS SECTION.
   §  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.  A.  Notwithstanding  the  provisions  of  subdivision ten of this
 section, where the district serves fewer [children] FULL-DAY  PREKINDER-
 GARTEN  PUPILS  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  NUMBER  OF  ELIGIBLE  TOTAL
 FULL-DAY  PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN PARAGRAPH
 B OF SUBDIVISION TEN OF THIS SECTION, 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  subdivision  shall  be  deemed  ordinary
 contingent  expenses]  BY THE PRODUCT OF TWO MULTIPLIED BY AMOUNT OF THE
 SELECTED AID PER PREKINDERGARTEN PUPIL PURSUANT TO PARAGRAPH B OF SUBDI-
 VISION TEN OF THIS SECTION MULTIPLIED  BY  THE  DIFFERENCE  OF  ELIGIBLE
 TOTAL  FULL-DAY PREKINDERGARTEN PUPILS LESS THE NUMBER OF FULL-DAY PREK-
 INDERGARTEN PUPILS ACTUALLY SERVED.
   B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TEN OF THIS  SECTION,
 WHERE  THE  DISTRICT SERVES FEWER HALF-DAY PREKINDERGARTEN PUPILS DURING

 S. 2006--A                         34                         A. 3006--A
 
 THE CURRENT YEAR THAN THE NUMBER OF ELIGIBLE TOTAL  HALF-DAY  PREKINDER-
 GARTEN  PUPILS  SET FORTH FOR THE DISTRICT IN PARAGRAPH B OF SUBDIVISION
 TEN OF THIS SECTION, THE SCHOOL DISTRICT SHALL  HAVE  ITS  APPORTIONMENT
 REDUCED  BY  THE  AMOUNT  OF  THE SELECTED AID PER PREKINDERGARTEN PUPIL
 PURSUANT TO PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION MULTIPLIED BY
 THE DIFFERENCE OF ELIGIBLE TOTAL HALF-DAY  PREKINDERGARTEN  PUPILS  LESS
 THE   NUMBER   OF   HALF-DAY  PREKINDERGARTEN  PUPILS  ACTUALLY  SERVED.
 PROVIDED, HOWEVER, THAT IN CALCULATING ANY SUCH REDUCTION IN  APPORTION-
 MENT,  THE  COMMISSIONER  SHALL  EXCLUDE  THE  REDUCTION, IF ANY, IN THE
 NUMBER OF HALF-DAY PREKINDERGARTEN PUPILS SERVED DURING THE CURRENT YEAR
 OCCURRING DUE TO THE CONVERSION OF HALF-DAY PREKINDERGARTEN  SLOTS  INTO
 FULL-DAY  PREKINDERGARTEN  SLOTS  USING  FEDERAL OR LOCAL FUNDS OR STATE
 FUNDS OTHER THAN THOSE PROVIDED PURSUANT TO THIS SECTION.
   § 28. Paragraphs b and f 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, are 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;
   f. time requirements which reflect the needs of the individual  school
 districts  [for  flexibility, but meeting a minimum weekly time require-
 ment]; PROVIDED, HOWEVER, THAT A FULL-DAY SHALL BE CONSIDERED A  MINIMUM
 OF  FIVE  HOURS PER SCHOOL DAY, AND A HALF-DAY SHALL BE A MINIMUM OF TWO
 AND ONE-HALF HOURS PER SCHOOL DAY;
   § 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.
   § 30. Section 3602-e of the education law is amended by adding  a  new
 subdivision 17 to read as follows:

 S. 2006--A                         35                         A. 3006--A
 
   17.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, AS A CONDITION
 OF ELIGIBILITY FOR   RECEIPT OF FUNDING  PURSUANT  TO  THIS  SECTION,  A
 SCHOOL  DISTRICT SHALL AGREE TO ADOPT APPROVED QUALITY INDICATORS WITHIN
 TWO YEARS, INCLUDING, BUT NOT LIMITED TO, VALID AND RELIABLE MEASURES OF
 ENVIRONMENTAL  QUALITY,  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 INDIVID-
 UAL CHILDREN.
   §  31.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 23 of part A of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [seventeen]  EIGHTEEN;  provided  that  the  program  shall continue and
 remain in full effect.
   § 32. Paragraph a of subdivision 5 of section 3604  of  the  education
 law,  as  amended by chapter 161 of the laws of 2005, is amended to read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall be corrected by the commissioner. Whenever a school  district  has
 been  apportioned  less  money  than  that  to which it is entitled, the
 commissioner may allot to such district the balance to which it is enti-
 tled. Whenever a school district has been apportioned  more  money  than
 that  to which it is entitled, the commissioner may, by an order, direct
 such moneys to be paid back to the state to be credited to  the  general
 fund  local  assistance  account  for  state  aid to the schools, or may
 deduct such amount from the  next  apportionment  to  be  made  to  said
 district,  provided, however, that, upon notification of excess payments
 of aid for which a recovery must be made by the state through  deduction
 of  future  aid payments, a school district may request that such excess
 payments be  recovered  by  deducting  such  excess  payments  from  the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two  succeeding  school  years,  provided further that there shall be no
 interest penalty assessed against such  district  or  collected  by  the
 state.  Such  request  shall be made to the commissioner in such form as
 the commissioner shall prescribe, and shall be  based  on  documentation
 that the total amount to be recovered is in excess of one percent of the
 district's  total  general  fund  expenditures  for the preceding school
 year. The amount to be deducted in the first year shall be  the  greater
 of  (i) the sum of the amount of such excess payments that is recognized
 as a liability due to other governments by the district for the  preced-
 ing  school year and the positive remainder of the district's unreserved
 fund balance at the close of the preceding school year less the  product
 of  the  district's  total  general  fund expenditures for the preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments. The amount to be recovered in the second year shall equal  the
 lesser  of  the remaining amount of such excess payments to be recovered
 or one-third of such excess payments, and the remaining amount  of  such
 excess  payments  shall be recovered in the third year. Provided further
 that, notwithstanding any other  provisions  of  this  subdivision,  any
 pending  payment  of moneys due to such district as a prior year adjust-
 ment payable pursuant to paragraph c of this subdivision for aid  claims
 that  had been previously paid as current year aid payments in excess of
 the amount to which the district is entitled and for which  recovery  of
 excess  payments  is  to  be  made  pursuant to this paragraph, shall be

 S. 2006--A                         36                         A. 3006--A
 
 reduced at the time of  actual  payment  by  any  remaining  unrecovered
 balance  of such excess payments, and the remaining scheduled deductions
 of such excess payments pursuant to this paragraph shall be  reduced  by
 the  commissioner  to reflect the amount so recovered. [The commissioner
 shall certify no payment to a school district based on a claim submitted
 later than three years after the close of the school year in which  such
 payment  was first to be made.  For claims for which payment is first to
 be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
 the  commissioner shall certify no payment to a school district based on
 a claim submitted later than two years after the close  of  such  school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred  ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND SIXTEEN--
 TWO THOUSAND SEVENTEEN school year [and  thereafter],  the  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than one year after the close of such school year. FOR CLAIMS FOR
 WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND SIXTEEN--TWO THOU-
 SAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTI-
 FY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN
 THE FIRST OF  NOVEMBER  OF  SUCH  SCHOOL  YEAR.  Provided,  however,  no
 payments  shall be barred or reduced where such payment is required as a
 result of a final audit of the state.  [It  is  further  provided  that,
 until  June thirtieth, nineteen hundred ninety-six, the commissioner may
 grant a waiver from the  provisions  of  this  section  for  any  school
 district  if  it  is  in  the best educational interests of the district
 pursuant to guidelines developed by the commissioner and approved by the
 director of the budget.] FURTHER PROVIDED THAT  FOR  ANY  APPORTIONMENTS
 PROVIDED  PURSUANT  TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
 SEVEN HUNDRED FIFTY-ONE, SEVEN  HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED
 FIFTY,  THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX  HUNDRED TWO-B, THIRTY-SIX
 HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED  FIVE  OF
 THIS  CHAPTER  FOR  THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN AND
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEARS, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SEVENTEEN--TWO  THOU-
 SAND  EIGHTEEN  STATE  FISCAL  YEAR  AND ENTITLED "BT171-8", AND FURTHER
 PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
 HUNDRED ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED  FIFTY, THIRTY-SIX HUNDRED TWO,
 THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
 TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
 SCHOOL YEAR COMMENCES.
   § 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:

 S. 2006--A                         37                         A. 3006--A

   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand sixteen--two thousand seventeen school
 year, "moneys apportioned" shall mean the lesser of (i) the sum  of  one
 hundred  percent  of  the  respective  amount  set forth for each school
 district  as payable pursuant to this section in the school aid computer
 listing for the current year produced by the commissioner in support  of
 the  budget which includes the appropriation for the general support for
 public schools for the prescribed payments and  individualized  payments
 due  prior  to  April  first for the current year plus the apportionment
 payable during the current school year pursuant to subdivision six-a and
 subdivision fifteen of section thirty-six hundred two of this part minus
 any reductions to current year aids pursuant  to  subdivision  seven  of
 section  thirty-six  hundred  four  of  this  part or any deduction from
 apportionment payable pursuant to  this  chapter  for  collection  of  a
 school  district  basic  contribution as defined in subdivision eight of
 section forty-four hundred one of this chapter, less any grants provided
 pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
 section  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 subdivision twelve of
 section thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment 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  busi-
 ness  day  of  June  of  the  current year, moneys apportioned shall not
 include any aids payable pursuant to subdivisions six and  fourteen,  if
 applicable,  of  section  thirty-six hundred two of this part as current
 year aid for debt service on bond anticipation notes and/or bonds  first
 issued in the current year or any aids payable for full-day kindergarten
 for  the current year pursuant to subdivision nine of section thirty-six
 hundred two of this part. The definitions of "base  year"  and  "current
 year"  as set forth in subdivision one of section thirty-six hundred two
 of this part shall apply to this section. [For aid payable  in  the  two
 thousand  sixteen--two thousand seventeen school year, reference to such
 "school aid computer listing for the current year" shall mean the print-
 outs entitled "SA161-7".] FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPOR-
 TIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT  OF
 THE  RESPECTIVE  AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE
 PURSUANT TO THIS SECTION IN THE SCHOOL  AID  COMPUTER  LISTING  FOR  THE
 CURRENT  YEAR  PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE
 BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL  SUPPORT
 FOR  PUBLIC  SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED
 PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS  THE  APPOR-
 TIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS
 SIX-A  AND  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 SUBDIVISION EIGHT OF
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B  OF  SUBDIVISION  FOUR  OF
 SECTION  NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBDIVISIONS SIX OF SECTION NINETY-SEVEN-NNNN OF  THE  STATE
 FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPOR-

 S. 2006--A                         38                         A. 3006--A
 
 TIONMENT 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  BUSI-
 NESS  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. FOR AID PAYABLE IN  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID
 COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
 "BT171-8".
   § 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

 S. 2006--A                         39                         A. 3006--A
 
 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
 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.  The education law is amended by adding a new section 4403-a to
 read as follows:
   § 4403-A. WAIVERS FROM CERTAIN DUTIES. 1.  A  LOCAL  SCHOOL  DISTRICT,
 APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
 SUBMIT  AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
 DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PURSUANT
 TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
 THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
 SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY  DAYS  IN
 ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
 DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR
 PERSONS  IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
 WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP  WILL
 BE  AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
 SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH  PARENTS
 MAY  SUBMIT  WRITTEN  COMMENTS  ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
 DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
 IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND  SHALL  INCLUDE
 IN  THE  WAIVER  APPLICATION  SUBMITTED  TO THE COMMISSIONER PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM  SUCH
 PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
   3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
 SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
 OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
 SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
 REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
 FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-

 S. 2006--A                         40                         A. 3006--A
 
 NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
 LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
 EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
 PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
 WHICH A WAIVER IS GRANTED.
   §  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  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR,  APPROVED  PRESCHOOL  INTEGRATED  SPECIAL  CLASS
 PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON  AN  ALTERNATIVE
 METHODOLOGY FOR REIMBURSEMENT TO BE ESTABLISHED BY THE COMMISSIONER. 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 SEVENTEEN.
   § 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.
   e. Upon referral of a pupil for  participation  in  a  gifted  program
 funded  under this chapter] D. 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

 S. 2006--A                         41                         A. 3006--A
 
 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. Subparagraph (ii) of paragraph (a) of subdivision 9  of  section
 103  of  the general municipal law, as amended by chapter 62 of the laws
 of 2016, is amended to read as follows:
   (ii) such association of producers or growers is comprised  of  owners
 of farms who also operate such farms and have combined to fill the order
 of a school district, and where such order is for [twenty-five thousand]
 ONE  HUNDRED  THOUSAND  dollars  or  less as herein authorized, provided
 however, that a school district may apply to the commissioner of  educa-
 tion  for  permission to purchase orders of more than [twenty-five thou-
 sand] ONE HUNDRED THOUSAND dollars from an association of owners of such
 farms when no other producers or growers have offered to  sell  to  such
 school;
   §  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] 2020 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2017] 2020 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

 S. 2006--A                         42                         A. 3006--A
 
 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
 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] 2020.
   §  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

 S. 2006--A                         43                         A. 3006--A
 
 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
 THREE  HUNDRED  SEVENTY  THOUSAND  SIX HUNDRED SEVENTY-NINE (1,370,679).
 Notwithstanding any other provision of law to the contrary,  the  appor-
 tionment calculated for the city school district of the city of New York
 pursuant to subdivision 11 of section 3602 of the education law shall be
 computed  as if such contact hours provided by the consortium for worker
 education, not to exceed the contact hours set forth herein, were eligi-
 ble for aid in accordance with the provisions of such subdivision 11  of
 section 3602 of the education law.
   §  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  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
 ($11,500,000).
   § 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-

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 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.
   (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

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 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
 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-

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 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.
   §  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.

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   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
 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

 S. 2006--A                         48                         A. 3006--A
 
 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
 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

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 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
 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. 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.
   §  59.  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, three, four,  five,  five-a,  five-b,  six,  fifteen,
 sixteen,  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
 twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty
 eight, twenty-nine, thirty, thirty-two, thirty-three, thirty-four, thir-
 ty-five, forty-eight, forty-nine, fifty-one, fifty-five,  and  fifty-six
 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;

 S. 2006--A                         50                         A. 3006--A
 
   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;
   8.  the  amendments to paragraph d of subdivision 3 of section 3214 of
 the education law made by section ten of this act shall  be  subject  to
 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 eleven of this act shall take effect; and
   9.   section forty-seven of this act shall take effect immediately and
 shall be deemed to have been in full force and effect on and  after  the
 effective date of section 140 of chapter 82 of the laws of 1995.
 
                                  PART B
 
   Section  1.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY PROVIDE A  COLLABO-
 RATIVE  ALTERNATIVE  EDUCATION PROGRAM KNOWN AS A "RECOVERY HIGH SCHOOL"
 FOR STUDENTS (I) DIAGNOSED WITH SUBSTANCE USE DISORDER,  AS  DEFINED  BY
 THE  DIAGNOSTIC  AND  STATISTICAL MANUAL OF MENTAL DISORDERS V, AND (II)
 WHO HAVE DEMONSTRATED A COMMITMENT TO RECOVERY. PROVIDED THAT A RECOVERY
 HIGH SCHOOL MAY BE ONE OF TWO SUCH SCHOOLS AUTHORIZED BY THE COMMISSION-
 ER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN  CONJUNC-
 TION  WITH  THE  COMMISSIONER,  PROVIDED  THAT EACH RECOVERY HIGH SCHOOL
 SHALL CONTAIN THE FOLLOWING PROGRAM ELEMENTS: (A) A  COMPREHENSIVE  FOUR
 YEAR  HIGH  SCHOOL  EDUCATION,  (B)  A  STRUCTURED  PLAN OF RECOVERY FOR
 STUDENTS, (C) A PARTNERSHIP WITH A LOCAL  SOCIAL  SERVICES  AGENCY  WITH
 EXPERTISE IN SUBSTANCE USE DISORDER AND MENTAL HEALTH, AND (D) ANY OTHER
 PROGRAM ELEMENTS PURSUANT TO REGULATIONS OF THE COMMISSIONER OF ALCOHOL-
 ISM AND SUBSTANCE ABUSE SERVICES.
   (1)  PROGRAM  AND ADMINISTRATIVE COSTS, INCLUDING CAPITAL COSTS, ALLO-
 CATED TO COMPONENT SCHOOL DISTRICTS IN ACCORDANCE WITH A  RECOVERY  HIGH
 SCHOOL  PROGRAM  PURSUANT  TO THIS PARAGRAPH SHALL BE ELIGIBLE FOR BOCES
 AID AS AN AIDABLE SHARED SERVICE PURSUANT  TO  THIS  SECTION  AND  COSTS
 ALLOCATED TO A PARTICIPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A
 MEMORANDUM  OF  UNDERSTANDING  SHALL  BE AIDABLE PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION TO THE SAME EXTENT AND ON THE SAME BASIS  AS  COSTS
 ALLOCATED TO A COMPONENT SCHOOL DISTRICT.
   (2)  THE  TRUSTEES  OR  BOARD  OF  EDUCATION OF A NON-COMPONENT SCHOOL
 DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES  IN  EXCESS  OF  ONE
 HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF
 UNDERSTANDING  WITH  A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES TO
 PARTICIPATE IN A RECOVERY HIGH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED
 FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD  OF  EDUCATION  AND
 THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  MAY  MUTUALLY AGREE,
 PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION
 OF THE RECOVERY HIGH SCHOOL PROGRAM INCLUDING CAPITAL COSTS, BUT PARTIC-
 IPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE LIABLE  FOR  PAYMENT
 OF  ADMINISTRATIVE  EXPENSES  AS DEFINED IN PARAGRAPH B OF THIS SUBDIVI-
 SION.
   § 2. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding a new subparagraph 12 to read as follows:
   (12) TO ENTER INTO CONTRACTS WITH THE COMMISSIONER OF  THE  OFFICE  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,  SUBSTANCE  ABUSE TREATMENT
 PROVIDERS, AND ANY OTHER ORGANIZATION FOR THE  PURPOSE  OF  OPERATING  A

 S. 2006--A                         51                         A. 3006--A
 
 RECOVERY  HIGH  SCHOOL  PROGRAM.  ANY  SUCH  PROPOSED  CONTRACT SHALL BE
 SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMISSIONER.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   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.

 S. 2006--A                         52                         A. 3006--A
 
   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
 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

 S. 2006--A                         53                         A. 3006--A
 
 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
 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

 S. 2006--A                         54                         A. 3006--A

 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
 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

 S. 2006--A                         55                         A. 3006--A
 
 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
 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

 S. 2006--A                         56                         A. 3006--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-
 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

 S. 2006--A                         57                         A. 3006--A
 
 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
 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

 S. 2006--A                         58                         A. 3006--A
 
 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
 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.

 S. 2006--A                         59                         A. 3006--A
 
   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
 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;

 S. 2006--A                         60                         A. 3006--A
 
 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. 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

 S. 2006--A                         61                         A. 3006--A
 
   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) IF ENROLLED IN (I) A  PUBLIC
 INSTITUTION  OF  HIGHER EDUCATION PRIOR TO APPLICATION, HAS COMPLETED AT
 LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS  EQUIVALENT,  APPLICABLE
 TO  HIS  OR  HER  PROGRAM OR PROGRAMS OF STUDY OR (II) AN INSTITUTION OF
 HIGHER EDUCATION PRIOR TO APPLICATION, HAS COMPLETED  AT  LEAST  FIFTEEN
 COMBINED  CREDITS  PER TERM, OR ITS EQUIVALENT, APPLICABLE TO HIS OR HER
 PROGRAM OR PROGRAMS OF STUDY AND WHICH WERE ACCEPTED UPON TRANSFER TO  A
 PUBLIC  INSTITUTION OF HIGHER EDUCATION; (C) ENROLLS IN AND COMPLETES AT
 LEAST FIFTEEN COMBINED CREDITS PER TERM, OR ITS  EQUIVALENT,  APPLICABLE
 TO  HIS  OR  HER  PROGRAM OR PROGRAMS OF STUDY EXCEPT IN LIMITED CIRCUM-
 STANCES AS PRESCRIBED BY THE CORPORATION IN REGULATION. NOTWITHSTANDING,
 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  AND
 COMPLETE  AT  LEAST  FIFTEEN  CREDIT HOURS OR ITS EQUIVALENT; (D) 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;  AND
 (III)  ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS RECEIVING
 AN AWARD IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR
 AND THEREAFTER; AND (E) 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 APPLI-
 CANT'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,  FEDERAL
 PELL  GRANT  PURSUANT TO SECTION ONE THOUSAND SEVENTY 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 INSTITUTION SHALL DEFER THE AMOUNT OF

 S. 2006--A                         62                         A. 3006--A
 
 TUITION.   NOTWITHSTANDING PARAGRAPH H OF  SUBDIVISION  TWO  OF  SECTION
 THREE  HUNDRED  FIFTY-FIVE  AND  PARAGRAPH  (A)  OF SUBDIVISION SEVEN OF
 SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER, AND ANY OTHER LAW,
 RULE OR REGULATION TO THE CONTRARY, THE UNDERGRADUATE 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.
   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.    NOTWITH-
 STANDING, 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.
   (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. Subdivision 3 of section 661 of the education law is REPEALED.
   § 3. Paragraph a of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   a. (I) Except as provided in subdivision two of  section  six  hundred
 seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
 applicant for an award at the undergraduate level of study  must  either
 [(i)]  (A) have been a legal resident of the state for at least one year
 immediately preceding the beginning of the semester, quarter or term  of
 attendance  for  which application for assistance is made, or [(ii)] (B)
 be a legal resident of the state and have been a legal  resident  during
 his OR HER last two semesters of high school either prior to graduation,
 or prior to admission to college. Provided further that persons shall be
 eligible  to  receive  awards  under  section six hundred sixty-eight or
 section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
 residents of the state and are otherwise qualified.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN,  AN  ALIEN  LAWFULLY  ADMITTED  FOR  PERMANENT RESIDENCE IN THE

 S. 2006--A                         63                         A. 3006--A
 
 UNITED STATES, AN INDIVIDUAL OF A  CLASS  OF  REFUGEES  PAROLED  BY  THE
 ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
 HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
 SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 4. Paragraph b of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
 PARAGRAPH, AN applicant for an award at the graduate level of study must
 either  [(i)]  (A)  have been a legal resident of the state for at least
 one year immediately preceding the beginning of the semester, quarter or
 term of attendance for which application  for  assistance  is  made,  or
 [(ii)]  (B) be a legal resident of the state and have been a legal resi-
 dent during his OR HER last academic year  of  undergraduate  study  and
 have  continued to be a legal resident until matriculation in the gradu-
 ate program.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK

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 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
 TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
 SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 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 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.
   § 6. Paragraph e of subdivision 5 of section 661 of the education law,
 as  added  by  chapter  630  of  the laws of 2005, is amended to read as
 follows:
   e. Notwithstanding any other provision of this article to the  contra-
 ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
 MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
 SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
 member,  of  the  armed  forces of the United States on full-time active
 duty and stationed in this state.
   § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
 sion 2 of section 355 of the education law, as added by chapter  327  of
 the laws of 2002, are amended to read as follows:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
 NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
 applied for attendance [at] AND ATTENDED an institution  or  educational
 unit  of  the state university within five years of receiving a New York
 state high school diploma; or

 S. 2006--A                         65                         A. 3006--A
 
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
 DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an institution or educational unit of the state university  within  five
 years  of receiving a general equivalency diploma issued within New York
 state; or
   § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
 section 6206 of the education law, as amended by chapter 260 of the laws
 of 2011, are amended to read as follows:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and
 applied  for  attendance [at] AND ATTENDED an institution or educational
 unit of the city university within five years of receiving  a  New  York
 state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
 DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance  [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an  institution  or  educational unit of the city university within five
 years of receiving a general equivalency diploma issued within New  York
 state; or
   § 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education
 law,  as  amended  by chapter 327 of the laws of 2002, the opening para-
 graph as amended by section 4 of chapter 437 of the  laws  of  2015,  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. The trustees  shall  further
 provide that the payment of tuition and fees by any student who is not a
 resident  of New York state, other than a non-immigrant alien within the
 meaning of paragraph (15) of subsection (a) of section 1101 of  title  8

 S. 2006--A                         66                         A. 3006--A
 
 of  the United States Code, shall be paid at a rate or charge no greater
 than that imposed for students who are residents of the  state  if  such
 student:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
 NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
 applied for attendance [at] AND ATTENDED an institution  or  educational
 unit  of  the  city university within five years of receiving a New York
 state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
 DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an institution or educational unit of the city  university  within  five
 years  of receiving a general equivalency diploma issued within New York
 state; or
   (iii) was enrolled in an institution or educational unit of  the  city
 university  in the fall semester or quarter of the two thousand one--two
 thousand two academic year and was authorized  by  such  institution  or
 educational  unit  to  pay  tuition  at  the  rate or charge imposed for
 students who are residents of the state.
   A student without lawful immigration status shall also be required  to
 file an affidavit with such institution or educational unit stating that
 the  student has filed an application to legalize his or her immigration
 status, or will file such an application as soon as he or she is  eligi-
 ble  to  do  so. The trustees shall not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   § 9. Subdivision 5 of section 6301 of the education law, as amended by
 chapter 327 of the laws of 2002, is amended to read as follows:
   5. "Resident." A person who has resided in the state for a  period  of
 at  least  one  year  and in the county, city, town, intermediate school
 district, school district or community college region, as the  case  may
 be,  for a period of at least six months, both immediately preceding the
 date of such person's registration in a community college  or,  for  the
 purposes of section sixty-three hundred five of this article, his or her
 application for a certificate of residence; provided, however, that this
 term  shall include any student who is not a resident of New York state,
 other than a non-immigrant alien within the meaning of paragraph (15) of
 subsection (a) of section 1101 of title 8 of the United States Code,  if
 such student:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN

 S. 2006--A                         67                         A. 3006--A
 
 NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
 applied for attendance [at an institution or  educational  unit  of  the
 state  university] AND ATTENDED A COMMUNITY COLLEGE within five years of
 receiving a New York state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
 DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an
 institution or educational unit of the state university], EARNED  ADMIS-
 SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY
 COLLEGE  within  five  years  of receiving a general equivalency diploma
 issued within New York state; or
   (iii) was enrolled in [an institution or educational unit of the state
 university] A COMMUNITY COLLEGE in the fall semester or quarter  of  the
 two  thousand  one--two thousand two academic year and was authorized by
 such [institution or educational unit] COMMUNITY COLLEGE to pay  tuition
 at  the  rate  or  charge  imposed for students who are residents of the
 state.
   Provided, further, that a student without  lawful  immigration  status
 shall  also  be  required to file an affidavit with such [institution or
 educational unit] COMMUNITY COLLEGE stating that the student  has  filed
 an  application  to legalize his or her immigration status, or will file
 such an application as soon as he or she is eligible to do so.
   In the event that a person qualified as above for state residence, but
 has been a resident of two or more counties in the state during the  six
 months immediately preceding his OR HER application for a certificate of
 residence  pursuant to section sixty-three hundred five of this chapter,
 the charges to the counties of residence shall be  allocated  among  the
 several counties proportional to the number of months, or major fraction
 thereof, of residence in each county.
   §  10.  Paragraph  d of subdivision 3 of section 6451 of the education
 law, as amended by chapter 149 of the laws of 1972, is amended  to  read
 as follows:
   d.  Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such enrolled  students,
 INCLUDING  STUDENTS  WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
 STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
 GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
 SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE;  provided,
 however,  that such supplemental financial assistance shall be furnished
 pursuant to criteria promulgated by the commissioner with  the  approval
 of the director of the budget.
   §  10-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
 STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
 GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
 SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE;  provided,
 however,  that such supplemental financial assistance shall be furnished
 pursuant to criteria promulgated by the commissioner with  the  approval
 of the director of the budget;

 S. 2006--A                         68                         A. 3006--A
 
   § 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
 of  the  education  law, as added by chapter 917 of the laws of 1970, is
 amended to read as follows:
   (v) Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such students, INCLUDING
 STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
 MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
 that  such supplemental financial assistance shall be furnished pursuant
 to criteria promulgated by such universities and approved by the regents
 and the director of the budget.
   § 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:
   (a) (I) Undergraduate science and technology entry program moneys  may
 be  used  for tutoring, counseling, remedial and special summer courses,
 supplemental financial assistance,  program  administration,  and  other
 activities  which  the commissioner may deem appropriate. To be eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support,  a student must be a resident of New York [who is], OR MEET THE
 REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
 economically  disadvantaged  or from a minority group historically under
 represented in the  scientific,  technical,  health  and  health-related
 professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved, undergraduate level  program  of  study,  as  defined  by  the
 regents.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN,  AN  ALIEN  LAWFULLY  ADMITTED  FOR  PERMANENT RESIDENCE IN THE
 UNITED STATES, AN INDIVIDUAL OF A  CLASS  OF  REFUGEES  PAROLED  BY  THE
 ATTORNEY  GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
 YEARS,  GRADUATED  FROM  A  REGISTERED NEW YORK STATE HIGH SCHOOL, LIVED
 CONTINUOUSLY IN NEW YORK STATE WHILE  ATTENDING  AN  APPROVED  NEW  YORK
 STATE  HIGH  SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER
 EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT,  AND
 ATTENDED  WITHIN  FIVE  YEARS  OF RECEIVING A NEW YORK STATE HIGH SCHOOL
 DIPLOMA; OR
   (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
 SCHOOL  EQUIVALENCY  DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A  GENERAL  EQUIVALENCY
 DIPLOMA,  RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY
 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON  THAT  GENERAL  EQUIVALENCY  DIPLOMA, AND ATTENDED THE INSTITUTION OF
 HIGHER EDUCATION FOR THE UNDERGRADUATE  STUDY  FOR  WHICH  AN  AWARD  IS
 SOUGHT  WITHIN  FIVE  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY
 DIPLOMA; OR
   (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
 RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE

 S. 2006--A                         69                         A. 3006--A
 
 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
 COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
 HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 13. Paragraph (a) of subdivision 3 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:
   (a) (I) Graduate science and technology entry program  moneys  may  be
 used for recruitment, academic enrichment, career planning, supplemental
 financial  assistance, review for licensing examinations, program admin-
 istration, and other activities which the commissioner may  deem  appro-
 priate.  To  be  eligible for graduate collegiate science and technology
 entry program support, a student must be a resident  of  New  York  [who
 is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
 AND MUST BE either economically disadvantaged or from a  minority  group
 historically  underrepresented  in the scientific, technical and health-
 related professions. Eligible students must be in good  academic  stand-
 ing,  enrolled  full  time  in  an  approved  graduate level program, as
 defined by the regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
 TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
 SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H  OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF

 S. 2006--A                         70                         A. 3006--A
 
 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.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (i)  the name, address and social security number [or], employer iden-
 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  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;
   §  15.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  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
   § 16. The president of the higher education services corporation shall
 establish  an application form and procedures that shall allow a student
 applicant that meets the requirements set forth in subparagraph (ii)  of
 paragraph  a  or  subparagraph  (ii)  of paragraph b of subdivision 5 of
 section 661 of the education law to apply directly to the higher  educa-
 tion services corporation for applicable awards without having to submit
 information  to  any  other  state  or  federal  agency. All information
 contained with the applications filed with  such  corporation  shall  be
 deemed  confidential,  except  that the corporation shall be entitled to
 release information to participating institutions as necessary  for  the
 administration  of  financial  aid  programs  and to the extent required
 pursuant to article 6 of the public officers law or  otherwise  required
 by law.
   §  17.  The  higher  education  services  corporation is authorized to
 promulgate rules and regulations, and  may  promulgate  emergency  regu-
 lations, necessary for the implementation of the provisions of this act.
   §  18. This act shall take effect on the ninetieth day after the issu-
 ance of regulations and the development of an application  form  by  the
 president of the higher education services corporation or on the nineti-
 eth  day  after  it  shall  have become a law, whichever shall be later;
 provided, however, that:
   a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1)  of
 subdivision 7 of section 6206 of the education law made by section eight
 of  this act shall not affect the expiration of such paragraph and shall
 be deemed to expire therewith; when upon such  date  the  provisions  of
 section eight-a of this act shall take effect;
   b. section ten-a of this act shall take effect on the same date and in
 the same manner as chapter 494 of the laws of 2016 takes effect; and
   c.  the  president  of the higher education services corporation shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  issuance  of regulations and the development of an application form
 provided for in this section in order that the commission  may  maintain
 an  accurate  and timely effective data base of the official text of the

 S. 2006--A                         71                         A. 3006--A
 
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.
 
                                  PART F
 
   Section  1.  The  opening paragraph of paragraph c of subdivision 3 of
 section 667 of the education law, as added by chapter 83 of the laws  of
 1995  and as relettered by section 2 of part J of chapter 58 of the laws
 of 2011, is amended to read as follows:
   In no [even] EVENT shall [shall] any award:
   § 2. Subparagraph (iii) of paragraph c of subdivision 3 of section 667
 of the education law, as added by chapter 83 of the laws of 1995 and  as
 relettered  by section 2 of part J of chapter 58 of the laws of 2011, is
 amended and a new subparagraph (iv) is added to read as follows:
   (iii) be made when income exceeds the maximum income set forth in this
 subdivision. The commissioner shall list in his  regulations  all  major
 state and federal financial aid available to New York state students and
 identify  any  forms  of aid that are duplicative of the purposes of the
 tuition assistance  program.  For  the  purposes  of  this  subdivision,
 neither United States war orphan educational benefits nor benefits under
 the  veterans'  readjustment  act of nineteen hundred sixty-six shall be
 considered as federal or other educational aid[.]; OR
   (IV) BE MADE IF THE INCREASE IN  ANNUAL  TUITION  AND  MANDATORY  FEES
 EXCEEDS THE THREE YEAR AVERAGE OF THE FINAL HIGHER EDUCATION PRICE INDEX
 FOR  THE MOST RECENTLY AVAILABLE ACADEMIC YEARS OR FIVE HUNDRED DOLLARS,
 WHICHEVER IS GREATER. NOTWITHSTANDING, STUDENTS WHO  FIRST  RECEIVED  AN
 AWARD IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR
 AND  EARLIER,  SHALL  CONTINUE TO BE ELIGIBLE FOR AN AWARD PROVIDED SUCH
 STUDENTS SATISFY THE ELIGIBILITY REQUIREMENTS.
   § 3. This act shall take effect July 1, 2018.
 
                                  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

 S. 2006--A                         72                         A. 3006--A
 
 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 FIFTY  DOLLARS  OVER  THE  RESIDENT
 UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
 PRIOR ACADEMIC YEAR, PROVIDED,  HOWEVER  THAT  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 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  CORRE-
 SPONDING  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

 S. 2006--A                         73                         A. 3006--A
 
 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) For the state university fiscal years commencing two thou-
 sand eleven--two thousand twelve and ending  two  thousand  fifteen--two
 thousand  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

 S. 2006--A                         74                         A. 3006--A
 
 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
 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 FIFTY DOLLARS OVER THE RESIDENT
 UNDERGRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF  TRUSTEES  IN  THE
 PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDER-
 GRADUATE  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 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 CORRE-
 SPONDING 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

 S. 2006--A                         75                         A. 3006--A
 
 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 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.
   §  6. 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.
 
                                  PART H
 
   Section 1. Section 6221 of the education law is amended  by  adding  a
 new subdivision F to read as follows:
   F.  FOUNDATION  CONTRIBUTIONS  TO  THE CITY UNIVERSITY OF NEW YORK. 1.
 NOTWITHSTANDING ANY OTHER LAW,  RULE  OR  REGULATION  TO  THE  CONTRARY,
 COMMENCING IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC
 YEAR AND EACH ACADEMIC YEAR THEREAFTER, THE TRUSTEES OF THE CITY UNIVER-
 SITY  OF  NEW YORK SHALL ANNUALLY COLLECT FROM EACH AFFILIATED NONPROFIT
 ORGANIZATION AND FOUNDATION AN AMOUNT EQUAL TO TEN PERCENT OF THE ANNUAL
 REVENUE RECEIVED BY EACH AFFILIATED NONPROFIT ORGANIZATION OR FOUNDATION
 IN THE PREVIOUS ACADEMIC YEAR. THE  FUNDS  COLLECTED  PURSUANT  TO  THIS
 SUBDIVISION SHALL BE UTILIZED TO FUND TUITION ASSISTANCE INITIATIVES FOR
 STUDENTS IN NEED ATTENDING THE CITY UNIVERSITY OF NEW YORK.
   2.  AS USED WITHIN THIS SUBDIVISION "AFFILIATED NONPROFIT ORGANIZATION
 OR FOUNDATION" MEANS AN ORGANIZATION  OR  FOUNDATION  FORMED  UNDER  THE
 NOT-FOR-PROFIT  CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENE-
 FIT OF OR CONTROLLED BY THE CITY UNIVERSITY OF NEW YORK OR  ITS  RESPEC-
 TIVE  UNIVERSITIES,  COLLEGES,  COMMUNITY COLLEGES, CAMPUSES OR SUBDIVI-
 SIONS, INCLUDING THE RESEARCH FOUNDATION OF THE CITY UNIVERSITY  OF  NEW
 YORK,  TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR PROVIDING A DIRECT

 S. 2006--A                         76                         A. 3006--A
 
 BENEFIT TO,  THE  RESPECTIVE  UNIVERSITY,  COLLEGE,  COMMUNITY  COLLEGE,
 CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE, THAT HAS CONTROL OF,
 MANAGES  OR  RECEIVES FIFTY THOUSAND DOLLARS OR MORE ANNUALLY, INCLUDING
 ALUMNI  ASSOCIATIONS.  FOR  THE  PURPOSES OF THIS SUBDIVISION, 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.
 
                                  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] SUCH limited liability company upon a judgment recov-
 ered  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  contrib-
 ution  pro  rata  from  the other members liable under this section with
 respect 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 percent-
 age 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. 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

 S. 2006--A                         77                         A. 3006--A
 
 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
 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.
   §  3.  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. The criminal procedure law is amended by adding a new arti-
 cle 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 THE SUPERIOR COURT.
 § 722.00 PROBATION CASE PLANNING AND SERVICES.
   1.  EVERY  PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS-
 MENT WITH RESPECT TO ANY JUVENILE  RELEASED  ON  RECOGNIZANCE,  RELEASED
 UNDER SUPERVISION, OR POSTING BAIL FOLLOWING ARRAIGNMENT BY A YOUTH PART
 WITHIN  ITS  JURISDICTION.  THE  COURT  SHALL ORDER ANY SUCH JUVENILE TO
 REPORT WITHIN SEVEN  CALENDAR  DAYS  TO  THE  PROBATION  DEPARTMENT  FOR
 PURPOSES  OF ASSESSMENT.   THE JUVENILE MAY, AT HIS OR HER DISCRETION OR
 AT THE DISCRETION OF THEIR PARENT OR OTHER  PERSON  LEGALLY  RESPONSIBLE
 FOR  THE  CARE  OF  THE  JUVENILE,  BE ACCOMPANIED BY COUNSEL DURING THE
 ASSESSMENT.  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  INDIVID-
 UAL NEEDS.
   2.  ANY  JUVENILE  UNDERGOING  SERVICES  SHALL EXECUTE APPROPRIATE AND
 NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE  PROBATION
 DEPARTMENT  MAY  COMMUNICATE  WITH  ANY  SERVICE  PROVIDER  AND  RECEIVE
 PROGRESS REPORTS WITH  RESPECT  TO  SERVICES  OFFERED  AND/OR  DELIVERED
 INCLUDING,  BUT  NOT  LIMITED  TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST
 RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE  COMPLI-
 ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY.
   3.  NOTHING  SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM
 ENTERING INTO A VOLUNTARY WRITTEN/FORMAL  CASE  PLAN  AS  TO  TERMS  AND
 CONDITIONS  TO  BE  MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE
 PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING

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 ALCOHOL, SUBSTANCE ABUSE, OR MENTAL  HEALTH  TESTING,  PARTICIPATING  IN
 SPECIFIC  SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL
 ATTENDANCE,  WHERE  APPLICABLE.  FOLLOWING  THE  JUVENILE'S   SUCCESSFUL
 COMPLETION  OF  THE  CONDITIONS OF HIS OR HER CASE PLAN, THE COURT, WITH
 THE CONSENT OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT  OR  ANY
 COUNT THEREOF IN ACCORDANCE WITH 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 SERVICE SHALL NOT TRANSMIT OR OTHERWISE COMMUNICATE
 TO THE DISTRICT ATTORNEY OR THE YOUTH PART ANY  STATEMENT  MADE  BY  THE
 JUVENILE OFFENDER TO A PROBATION OFFICER. HOWEVER, THE PROBATION SERVICE
 MAY  MAKE  A  RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE
 PLAN TO THE YOUTH PART AND PROVIDE SUCH INFORMATION  AS  IT  SHALL  DEEM
 RELEVANT.
   6.  NO  STATEMENT  MADE  TO  THE PROBATION SERVICE DURING THE RISK AND
 NEEDS ASSESSMENT OR WHILE THE JUVENILE OFFENDER IS FOLLOWING HIS OR  HER
 CASE  PLAN  MAY  BE ADMITTED INTO EVIDENCE AT A FACT- FINDING HEARING AT
 ANY TIME PRIOR TO A CONVICTION.
 § 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED.
   THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH,
 IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES  CRIMINAL
 JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE-
 RIOR  COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES.  JUDGES PRESID-
 ING IN THE YOUTH PART  SHALL  RECEIVE  TRAINING  IN  SPECIALIZED  AREAS,
 INCLUDING,  BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT
 AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES-
 CENTS.  THE  YOUTH  PART  SHALL  HAVE  EXCLUSIVE  JURISDICTION  OF   ALL
 PROCEEDINGS  IN  RELATION  TO  JUVENILE OFFENDERS, EXCEPT AS PROVIDED IN
 SECTION 180.75 OF THIS CHAPTER.
 § 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT.
   1. WHEN A JUVENILE OFFENDER IS ARRAIGNED  BEFORE  A  YOUTH  PART,  THE
 PROVISIONS  OF  THIS  SECTION  SHALL  APPLY. IF THE YOUTH PART IS NOT IN
 SESSION, THE DEFENDANT SHALL  BE  BROUGHT  BEFORE  THE  MOST  ACCESSIBLE
 MAGISTRATE  DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT TO
 ACT AS A YOUTH PART FOR THE PURPOSE OF MAKING  A  DETERMINATION  WHETHER
 SUCH  JUVENILE  SHALL  BE  DETAINED.  IF  THE DEFENDANT IS ORDERED TO BE
 DETAINED, HE OR SHE SHALL BE BROUGHT BEFORE  THE  NEXT  SESSION  OF  THE
 YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED
 TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART.
   2.  IF  THE  DEFENDANT WAIVES A HEARING UPON THE FELONY COMPLAINT, THE
 COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE  GRAND
 JURY  WITH  RESPECT  TO  THE  CHARGE  OR CHARGES CONTAINED IN THE FELONY
 COMPLAINT.
   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  A  REASONABLE  CAUSE TO BELIEVE THAT THE DEFENDANT
 COMMITTED A CRIME FOR WHICH A PERSON UNDER  THE  AGE  OF  SEVENTEEN,  OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN  IS  CRIMINALLY  RESPONSIBLE,  THE  COURT  MUST  ORDER THAT THE
 DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR
   (B) IF THERE IS NOT REASONABLE CAUSE TO  BELIEVE  THAT  THE  DEFENDANT
 COMMITTED  A  CRIME  FOR  WHICH  A PERSON UNDER THE AGE OF SEVENTEEN, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON UNDER THE AGE OF
 EIGHTEEN IS CRIMINALLY RESPONSIBLE BUT  THERE  IS  REASONABLE  CAUSE  TO

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 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 DEFEND-
 ANT  DID  AND  DIRECT  THAT THE ACTION BE REMOVED TO THE FAMILY COURT IN
 ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN HUNDRED  TWENTY-FIVE  OF
 THIS TITLE; OR
   (C)  IF  THERE  IS  NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT
 COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY  COMPLAINT
 AND  DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR
 IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL.
   4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION, A YOUTH PART SHALL, (A) WITH THE CONSENT OF THE DISTRICT ATTOR-
 NEY,  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 THE PENAL LAW AND A JUVENILE OFFENDER ACCUSED OF COMMITTING A
 VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL  LAW  AT
 AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, AT AGE SIXTEEN
 OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT CRIMINALLY
 RESPONSIBLE,  TO  THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE
 SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, AFTER CONSIDERATION  OF  THE
 FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT DETER-
 MINES  THAT  TO  DO  SO  WOULD BE IN THE INTERESTS OF JUSTICE. PROVIDED,
 HOWEVER, THAT THE COURT SHALL FIND THAT  SUCH  REMOVAL  IS  NOT  IN  THE
 INTERESTS OF JUSTICE IF THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF
 THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE
 YOUTH'S USE OF A WEAPON, ARE PRESENT.
   (B)  AT  THE  REQUEST  OF  THE  DISTRICT ATTORNEY, ORDER REMOVAL OF AN
 ACTION AGAINST A JUVENILE OFFENDER, OTHER  THAN  AN  ACTION  SUBJECT  TO
 PARAGRAPH  (A)  OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE
 PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE  IF,  UPON
 CONSIDERATION  OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
 VISION, IT IS DETERMINED THAT TO DO SO WOULD  BE  IN  THE  INTERESTS  OF
 JUSTICE.  WHERE,  HOWEVER,  THE  FELONY  COMPLAINT  CHARGES THE JUVENILE
 OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN  SECTION
 125.25  OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDI-
 VISION 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; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE
 AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 OF  THE
 PENAL  LAW; PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE
 PENAL LAW WHERE THE UNDERLYING CRIME IS RAPE IN  THE  FIRST  DEGREE,  AS
 DEFINED  IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW OR CRIMI-
 NAL 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 PARA-
 GRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF  THIS  CHAPTER,  A
 DETERMINATION  THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN
 ADDITION, BE BASED UPON A FINDING  OF  ONE  OR  MORE  OF  THE  FOLLOWING
 FACTORS: (I) MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER
 IN  WHICH  THE CRIME WAS COMMITTED; (II) WHERE THE DEFENDANT WAS NOT THE
 SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S PARTICIPATION  WAS  RELA-
 TIVELY  MINOR  ALTHOUGH  NOT  SO MINOR AS TO CONSTITUTE A DEFENSE TO THE
 PROSECUTION; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE CRIME.
   (C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A)  OR  (B)  OF
 THIS  SUBDIVISION  THE  COURT  SHALL,  TO THE EXTENT APPLICABLE, EXAMINE
 INDIVIDUALLY AND COLLECTIVELY, THE FOLLOWING:
   (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE;

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   (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE;
   (III)  THE  EVIDENCE  OF  GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT
 TRIAL;
   (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT;
   (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT  A  SENTENCE
 AUTHORIZED FOR THE OFFENSE;
   (VI)  THE  IMPACT  OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE
 SAFETY OR WELFARE OF THE COMMUNITY;
   (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE
 CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM;
   (VIII) WHERE THE COURT DEEMS  IT  APPROPRIATE,  THE  ATTITUDE  OF  THE
 COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND
   (IX)  ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION
 IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE.
   (D) FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER  TO  REMOVE  THE
 CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS
 NOT  LEGALLY  PRIVILEGED  MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES,
 HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM  OR  HER  IN  ANY
 FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE
 PROCEEDING AS INCONSISTENT PRIOR TESTIMONY.
   (E)  THIS  SECTION  SHALL  NOT BE CONSTRUED TO LIMIT THE POWERS OF THE
 GRAND JURY.
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO, THREE,  OR  FOUR
 OF  THIS SECTION, IF A CURRENTLY UNDETERMINED FELONY COMPLAINT AGAINST A
 JUVENILE OFFENDER IS PENDING IN THE YOUTH PART, AND  THE  DEFENDANT  HAS
 NOT  WAIVED  A HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND A
 HEARING PURSUANT TO SUBDIVISION THREE HAS NOT COMMENCED,  THE  DEFENDANT
 MAY  MOVE  IN  THE YOUTH PART, 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 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  IN SUCH PARAGRAPH, AND IN SUCH EVENT THE PROVISIONS OF PARA-
 GRAPH (A) OF SUCH PARAGRAPH SHALL APPLY.
   § 2. The opening paragraph and subdivisions 2 and 3 of section  725.05
 of  the  criminal  procedure law, as added by chapter 481 of the laws of
 1978, are amended to read as follows:
   When a [court] YOUTH PART directs that an action or charge  is  to  be
 removed  to  the family court the [court] YOUTH PART must issue an order
 of removal in accordance with this section.    Such  order  must  be  as
 follows:
   2.    Where  the  direction is authorized pursuant to paragraph (b) of
 subdivision  [three]  TWO   of   section   [180.75]   725.20   of   this
 [chapter]ARTICLE,  it  must  specify the act or acts it found reasonable
 cause to believe the defendant did.
   3.  Where the direction is authorized pursuant to  subdivision  [four]
 THREE of section [180.75] 722.20 of this [chapter] TITLE, it must speci-
 fy the act or acts it found reasonable cause to allege.
   § 3. Section 725.20 of the criminal procedure law, as added by chapter
 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.

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   1.  The provisions of this section shall apply in any  case  where  an
 order  of removal to the family court is entered pursuant to a direction
 authorized by subdivision [four] THREE of  section  [180.75]  722.20  OF
 THIS  TITLE,  [or  section  210.43,]  or subparagraph (iii) of paragraph
 [(h)]  (G)  of  subdivision  five  of section 220.10 of this chapter, or
 section 330.25 of this chapter.
   2.  When such an action is removed the court that directed the removal
 must cause the following additional records to be filed with  the  clerk
 of  the  county  court  or in the city of New York with the clerk of the
 supreme court of the county wherein the action was pending and with  the
 division of criminal justice services:
   (a) A certified copy of the order of removal;
   (b)  [Where  the  direction  is  one authorized by subdivision four of
 section 180.75 of this chapter, a copy of the statement of the  district
 attorney  made  pursuant  to paragraph (b) of subdivision six of section
 180.75 of this chapter;
   (c)  Where the direction is authorized by section 180.75,  a  copy  of
 the  portion of the minutes containing the statement by the court pursu-
 ant to paragraph (a) of subdivision six of such section 180.75;
   (d)] Where the direction is one authorized by  subparagraph  (iii)  of
 paragraph  [(h)]  (G)  of  subdivision five of section 220.10 or section
 330.25 of this chapter, a copy of the minutes of  the  plea  of  guilty,
 including the minutes of the memorandum submitted by the district attor-
 ney and the court;
   [(e)    Where  the  direction  is one authorized by subdivision one of
 section 210.43 of this chapter, a copy of that portion  of  the  minutes
 containing  the  statement  by  the  court  pursuant to paragraph (a) of
 subdivision five of section 210.43;
   (f)  Where the direction is one authorized by paragraph (b) of  subdi-
 vision  one of section 210.43 of this chapter, a copy of that portion of
 the minutes containing the  statement  of  the  district  attorney  made
 pursuant to paragraph (b) of subdivision five of section 210.43;] and
   [(g)]  (C)  In  addition to the records specified in this subdivision,
 such further statement or submission of additional information  pertain-
 ing  to  the  proceeding  in criminal court in accordance with standards
 established by the commissioner of  the  division  of  criminal  justice
 services,  subject  to  the  provisions  of  subdivision  three  of this
 section.
   3.  It shall be the duty of said clerk to maintain a separate file for
 copies of orders and minutes filed pursuant to  this  section.      Upon
 receipt  of  such orders and minutes the clerk must promptly delete such
 portions as would identify the defendant, but the clerk shall  neverthe-
 less  maintain  a  separate confidential system to enable correlation of
 the documents so filed with identification  of  the  defendant.    After
 making  such deletions the orders and minutes shall be placed within the
 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.
   §  4. 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

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   § 5. The first undesignated paragraph of section 100.05 of the  crimi-
 nal procedure 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, OTHER THAN
 A CRIMINAL ACTION AGAINST A JUVENILE OFFENDER, is by the  filing  there-
 with  by a grand jury of an indictment against a defendant who has never
 been held by a local criminal court for the action of  such  grand  jury
 with  respect  to any charge contained in such indictment.  Otherwise, a
 criminal action can be commenced only in a local criminal court, by  the
 filing  therewith of a local criminal court accusatory instrument, name-
 ly:
   § 6. 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.
   §  7.  The section heading of section 100.40 of the criminal procedure
 law is amended to read as follows:
   Local criminal court AND YOUTH PART OF THE SUPERIOR  COURT  accusatory
 instruments; sufficiency on face.
   §  8.  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.
   § 9. The article heading of article 110 of the criminal procedure  law
 is amended to read as follows:
                     REQUIRING DEFENDANT'S APPEARANCE
          IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT
                              FOR ARRAIGNMENT
   §  10. Section 110.10 of the criminal procedure law is amended to read
 as follows:
 § 110.10  Methods of requiring defendant's appearance in local  criminal
              court  OR YOUTH PART OF THE SUPERIOR COURT for arraignment;
              in general.
   1. After a criminal action has been  commenced  in  a  local  criminal
 court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory
 instrument  therewith,  a  defendant  who  has not been arraigned in the
 action and has not come under the control of the court may under certain
 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

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   (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.
   § 11. 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, OR YOUTH PART OF THE SUPERIOR COURT other than the
 criminal court of the city of New York, a copy of the accusatory instru-
 ment shall be promptly transmitted to the appropriate district  attorney
 upon  or  prior  to  the  arraignment of the defendant on the accusatory
 instrument.  If a police officer or a peace officer is  the  complainant
 or  the filer of a simplified information, or has arrested the defendant
 or brought him before the local criminal court  OR  YOUTH  PART  OF  THE
 SUPERIOR  COURT on behalf of an arresting person pursuant to subdivision
 one of section 140.20, such officer or his  agency  shall  transmit  the
 copy  of the accusatory instrument to the appropriate district attorney.
 In all other cases, the clerk of the court in  which  the  defendant  is
 arraigned shall so transmit it.
   §  12. 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:
   § 13. 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 THE
 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 OF THIS TITLE. If, however, a
 particular  accusatory instrument may pursuant to said section 100.55 be
 filed with a particular town court and such town court is not  available
 at  the  time  such  instrument  is  sought  to  be  filed and a warrant
 obtained, such accusatory instrument may be filed with the town court of
 any adjoining town of the same county.  If such instrument may be  filed

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 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.
   § 14. 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.
   § 15. 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.
   § 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure
 law, subdivision 1 as amended by  chapter  492  of  the  laws  of  2016,
 section 6 as amended by chapter 424 of the laws of 1998, are amended and
 a new subdivision 5-a is added 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
 OR  YOUTH  PART OF THE SUPERIOR 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  defend-
 ant's  return,  such  police officer may bring the defendant before such
 local criminal court OR YOUTH PART OF THE SUPERIOR COURT.
   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

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 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.
   § 17. 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.
   §  18.  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.
   § 19. Paragraph (e) of subdivision 1 of section 140.20 of the criminal
 procedure law is relettered paragraph (f) and a  new  paragraph  (e)  is
 added to read as follows:
   (E)  IF  THE  ARREST  IS  FOR  A PERSON UNDER THE AGE OF SEVENTEEN OR,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   § 20. Subdivision 6 of section 140.20 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:
   6. Upon arresting a juvenile offender without a  warrant,  the  police
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his OR HER care or the person with whom  he  OR  SHE  is
 domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
 location of the facility where he OR SHE is being detained. IF THE OFFI-
 CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A

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 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.
   §  21.  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.
   § 22. Section 140.27 of the  criminal  procedure  law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A.  IF  THE  ARREST  IS  FOR A PERSON UNDER THE AGE OF SEVENTEEN OR,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   § 23. Subdivision 5 of section 140.27 of the criminal  procedure  law,
 as  added  by  chapter  411  of  the laws of 1979, is amended to read as
 follows:
   5.  Upon arresting a juvenile offender without a  warrant,  the  peace
 officer  shall  immediately  notify  the  parent or other person legally
 responsible for his care or the person with whom he OR SHE is domiciled,
 that the juvenile offender has been arrested, and the  location  of  the
 facility  where  he OR SHE is being detained.  IF THE OFFICER DETERMINES
 THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR  A  CHILD  UNDER

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 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.
   § 24. 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.
   § 25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the  criminal
 procedure law are REPEALED.

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   §  26.  Subdivision 1 of section 180.75 of the criminal procedure law,
 as added by chapter 481 of the laws of  1978,  is  amended  to  read  as
 follows:
   1.  When  a  juvenile  offender  is arraigned before [a local criminal
 court] THE YOUTH PART OF A  SUPERIOR  COURT,  the  provisions  of  [this
 section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in
 lieu  of  the  provisions  of sections 180.30, 180.50 and 180.70 of this
 article.
   § 27. 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
 hearing thereon, the [local criminal] court must release him on his  own
 recognizance unless:
   §  28.  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  and  subdivision  (b) as added by chapter 481 of the laws of 1978,
 are amended to read as follows:
   (a) Except as provided in subdivision six of section  200.20  of  this
 chapter,  a grand jury may not indict (i) a person thirteen years of age
 for any conduct or crime other than conduct constituting a crime defined
 in subdivisions one and two of section  125.25  (murder  in  the  second
 degree) or such conduct as a sexually motivated felony, where authorized
 pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
 [or], fifteen, SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 SEVENTEEN years of age for any  conduct  or  crime  other  than  conduct
 constituting  a  crime  defined  in  subdivisions one and two of section
 125.25 (murder in the second degree) and in subdivision  three  of  such
 section  provided that the underlying crime for the murder charge is one
 for which such person is criminally responsible; 135.25  (kidnapping  in
 the  first degree); 150.20 (arson in the first degree); subdivisions one
 and two  of  section  120.10  (assault  in  the  first  degree);  125.20
 (manslaughter  in the first degree); subdivisions one and two of section
 130.35 (rape in the first degree); subdivisions one and two  of  section
 130.50  (criminal  sexual  act  in the first degree); 130.70 (aggravated
 sexual abuse in  the  first  degree);  140.30  (burglary  in  the  first
 degree);  subdivision  one  of  section  140.25  (burglary in the second
 degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
 first  degree); subdivision two of section 160.10 (robbery in the second
 degree) of the penal law; subdivision four  of  section  265.02  of  the
 penal  law,  where  such firearm is possessed on school grounds, as that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law; or section 265.03 of the penal law, where such machine gun or  such
 firearm  is  possessed  on  school grounds, as that phrase is defined in
 subdivision fourteen of section 220.00 of the penal law; or  defined  in
 the  penal  law  as  an attempt to commit murder in the second degree or
 kidnapping in the first degree, or such conduct as a sexually  motivated
 felony,  where  authorized  pursuant to section 130.91 of the penal law;
 (III) A PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,

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 SEVENTEEN YEARS OF AGE FOR ANY  CONDUCT  OR  CRIME  OTHER  THAN  CONDUCT
 CONSTITUTING  AN  OFFENSE  SET  FORTH  IN THE VEHICLE AND TRAFFIC LAW; A
 VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; A  CRIME  THAT
 IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH
 REQUIRE,  AS  AN  ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
 YEARS OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF  THE
 PENAL  LAW:  SECTION  120.03  (VEHICULAR  ASSAULT IN THE SECOND DEGREE);
 120.04 (VEHICULAR ASSAULT IN THE  FIRST  DEGREE);  120.04-A  (AGGRAVATED
 VEHICULAR  ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE);  125.11
 (AGGRAVATED   CRIMINALLY   NEGLIGENT   HOMICIDE);   125.12    (VEHICULAR
 MANSLAUGHTER  IN  THE  SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN
 THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE);  125.15
 (MANSLAUGHTER  IN  THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST
 DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND  DEGREE);  125.22
 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL
 ABUSE  IN  THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A
 CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING  WITH  A  WITNESS  IN  THE
 THIRD  DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON
 IS TAMPERING IS ONE FOR WHICH SUCH  PERSON  IS  CRIMINALLY  RESPONSIBLE;
 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE
 CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
 SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A  WITNESS
 IN  THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; SUBDIVISION ONE OF SECTION 215.52 (AGGRAVATED  CRIMINAL  CONTEMPT);
 130.95  (PREDATORY  SEXUAL  ASSAULT);  220.18  (CRIMINAL POSSESSION OF A
 CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL  POSSESSION
 OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF
 A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A
 CONTROLLED  SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR
 TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL
 POSSESSION OF A CHEMICAL WEAPON OR A  BIOLOGICAL  WEAPON  IN  THE  FIRST
 DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A
 BIOLOGICAL  WEAPON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED
 OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF  THE  PENAL  LAW
 WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC-
 IFIED  OFFENSE  DEFINED  IN  SUBDIVISION  THREE OF SECTION 490.05 OF THE
 PENAL LAW WHEN COMMITTED AS AN ACT OF  TERRORISM;  ACTS  CONSTITUTING  A
 FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS
 CONSTITUTING  A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND
 SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING  CRIME  FOR
 THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON-
 SIBLE.
   (b)  A grand jury may vote to file a request to remove a charge to the
 family court if it finds that a person [thirteen, fourteen  or  fifteen]
 SIXTEEN,  OR  COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN
 years of age OR YOUNGER did an act which, if done by a person  over  the
 age of sixteen, OR COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, SEVEN-
 TEEN,    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.

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   §  29.  Subdivision 6 of section 200.20 of the criminal procedure law,
 as added by chapter 136 of the laws of  1980,  is  amended  to  read  as
 follows:
   6.  Where an indictment charges at least one offense against a defend-
 ant who was under the age of [sixteen] SEVENTEEN, OR COMMENCING  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY, 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.
   §  30.  The  opening  paragraph  of subdivision 1 and subdivision 5 of
 section 210.43 of the criminal procedure law, as added by chapter 411 of
 the laws of 1979, are amended to read as follows:
   After [a motion by a juvenile offender, pursuant to  subdivision  five
 of  section  180.75 of this chapter, or after] arraignment of a juvenile
 offender upon an indictment, the superior court may, on  motion  of  any
 party or on its own motion:
   [5.  a.  If the court orders removal of the action to family court, it
 shall state on the record the factor or factors upon which its  determi-
 nation  is  based,  and, the court shall give its reasons for removal in
 detail and not in conclusory terms.
   b.  The district attorney shall state upon the record the reasons  for
 his  consent  to removal of the action to the family court.  The reasons
 shall be stated in detail and not in conclusory terms.]
   § 31. Subparagraphs (i) and (iii) of paragraph (g) of subdivision 5 of
 section 220.10 of  the  criminal  procedure  law,  subparagraph  (i)  as
 amended  by  chapter  410  of the laws of 1979 and subparagraph (iii) as
 amended by chapter 264 of the laws of  2003,  are  amended  to  read  as
 follows:
   (i)  If  the  indictment  charges  a  person fourteen [or], fifteen OR
 SIXTEEN, OR COMMENCING JANUARY FIRST,  TWO  THOUSAND  TWENTY,  SEVENTEEN
 years  old  with  the  crime  of murder in the second degree any plea of
 guilty entered pursuant to subdivision three or four must be a  plea  of
 guilty of a crime for which the defendant is criminally responsible;
   (iii)  Where  the  indictment  does  not  charge  a crime specified in
 subparagraph (i) of this paragraph, the district attorney may  recommend
 removal  of the action to the family court. Upon making such recommenda-
 tion the district attorney shall submit a subscribed memorandum  setting
 forth:  (1) a recommendation that the interests of justice would best be
 served by removal of the action to the family  court;  and  (2)  if  the
 indictment  charges  a thirteen year old with the crime of murder in the
 second degree, or a fourteen [or],  fifteen  OR  SIXTEEN  YEAR  OLD,  OR
 COMMENCING  JANUARY  FIRST  TWO THOUSAND TWENTY, 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

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 of  section  1.20 of this chapter specific factors, one or more of which
 reasonably supports the recommendation, showing, (i) mitigating  circum-
 stances  that  bear  directly  upon  the  manner  in which the crime was
 committed,  or  (ii) where the defendant was not the sole participant in
 the crime, that  the  defendant's  participation  was  relatively  minor
 although  not so minor as to constitute a defense to the prosecution, or
 (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
 juvenile  offender  has  no previous adjudications of having committed a
 designated felony act, as defined in subdivision eight of section  301.2
 of  the  family  court act, regardless of the age of the offender at the
 time of commission of the act, that the criminal act was not part  of  a
 pattern  of  criminal behavior and, in view of the history of the offen-
 der, is not likely to be repeated.
   § 32. 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 SUBDIVISION, bring the
 defendant to the local correctional facility of the county in which such
 court sits, to be detained there until not later than  the  commencement
 of the next session of such court occurring on the next business day; or
 if  the  court  in  which  the warrant is returnable is a local criminal
 court, and such court is not available, and the warrant is addressed  to
 a  police  officer or appropriate probation officer certified as a peace
 officer, such executing officer must without unnecessary delay bring the
 defendant before an alternate  local  criminal  court,  as  provided  in
 subdivision five of section 120.90 of this chapter. A court which issues
 such  a  warrant  may  attach  thereto  a  summary  of the basis for the
 warrant. In any case where a defendant  arrested  upon  the  warrant  is
 brought  before a local criminal court other than the court in which the
 warrant is returnable, such local criminal  court  shall  consider  such
 summary before issuing a securing order with respect to the defendant.
   (B)  IF  THE  COURT  IN  WHICH THE WARRANT IS RETURNABLE IS A SUPERIOR
 COURT, AND SUCH COURT IS NOT AVAILABLE, AND THE WARRANT IS ADDRESSED  TO
 A  POLICE  OFFICER OR APPROPRIATE PROBATION OFFICER CERTIFIED AS A PEACE
 OFFICER, SUCH EXECUTING OFFICER SHALL,  WHERE  A  DEFENDANT  IS  SIXTEEN
 YEARS  OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR A VIOLATION
 OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR AN  OFFENSE
 ON  OR  AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, OR WHERE A DEFENDANT
 IS SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR
 A VIOLATION OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR
 AN OFFENSE ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY,  BRING  THE
 DEFENDANT  TO  A JUVENILE DETENTION FACILITY, TO BE DETAINED THERE UNTIL

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 NOT LATER THAN THE COMMENCEMENT OF THE NEXT SESSION OF SUCH COURT OCCUR-
 RING ON THE NEXT BUSINESS DAY.
   §  33.  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
 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 410.50 OF THIS ARTICLE FOR VIOLATION OF A CONDITION OF
 A  SENTENCE  OF  PROBATION  OR  A SENTENCE OF CONDITIONAL DISCHARGE MUST
 FORTHWITH BE BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE.   WHERE
 A  VIOLATION  OF  PROBATION  PETITION  AND REPORT HAS BEEN FILED AND THE
 PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT BEEN ISSUED, AN
 INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN  BUSINESS  DAYS  OF  THE
 COURT'S  ISSUANCE  OF  A  NOTICE  TO APPEAR. IF THE COURT HAS REASONABLE
 CAUSE TO BELIEVE THAT SUCH  PERSON  HAS  VIOLATED  A  CONDITION  OF  THE
 SENTENCE,  IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR FIX
 BAIL OR RELEASE SUCH PERSON ON HIS OR HER OWN  RECOGNIZANCE  FOR  FUTURE
 APPEARANCE  AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF
 THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE A  JUVE-
 NILE  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  JUVE-
 NILE  IS  ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY
 AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED  BY  AN  ADULT
 AND  THE  USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS.
 IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH  PERSON
 HAS  VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT THE JUVE-
 NILE BE RELEASED.
   § 34. 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

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 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 IN THIS
 SECTION SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE 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 IMMI-
 NENT  THREAT  TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON
 THE RECORD OR (II) THE JUVENILE IS ON PROBATION FOR AN  ACT  THAT  WOULD
 CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW
 IF  COMMITTED  BY  AN  ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN
 EXHAUSTED WITHOUT SUCCESS.
   § 35. 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.
   § 36. 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] SEVENTEEN OR EIGHTEEN.
   1. When a principal who is (A)  under  the  age  of  sixteen;  OR  (B)
 COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN A PRINCIPAL WHO IS UNDER
 THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST,
 TWO  THOUSAND  NINETEEN;  OR  (C) COMMENCING JANUARY FIRST, TWO THOUSAND
 TWENTY, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN  WHO  COMMITTED  AN
 OFFENSE  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY, 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  juvenile  detention
 facility  for the reception of children.  Where such a direction is made
 the sheriff shall deliver the principal in accordance therewith and such
 person shall although lodged and  cared  for  in  a  juvenile  detention
 facility  continue to be deemed to be in the custody of the sheriff.  No
 principal under the age [of sixteen] SPECIFIED to whom the provisions of
 this section may apply shall be detained in any prison, jail, lockup, or
 other place used for adults convicted of a crime  or  under  arrest  and
 charged  with  the  commission  of  a  crime 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  princi-
 pal, 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-

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 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.
   §  37.  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 OR SHE was at least sixteen years old  and  less  than
 [nineteen]  TWENTY-ONE  years old or a person charged with being a juve-
 nile offender as defined in subdivision forty-two  of  section  1.20  of
 this chapter.
   § 38. 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]  SEVENTEEN  years  old,  OR,
 COMMENCING  JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON LESS THAN EIGH-
 TEEN YEARS OLD is not criminally responsible for conduct.
   2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF  AGE
 OR,  COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, A PERSON SEVENTEEN
 years of age is criminally responsible for acts constituting  murder  in
 the  second  degree  as  defined  in subdivisions one and two of section
 125.25 and in subdivision three of such section provided that the under-
 lying crime for the murder charge is one for which such person is crimi-
 nally responsible or for such conduct as a  sexually  motivated  felony,
 where  authorized  pursuant  to  section  130.91 of [the penal law] THIS
 CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN  YEARS  OF  AGE
 OR,  COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, 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);  subdivi-
 sions one and two of section 130.35 (rape in the first degree); subdivi-
 sions  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, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY,
 SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS  CONSTITUTING  AN
 OFFENSE  SET  FORTH  IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUTING A
 VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUT-
 ING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS  A  CLASS  A  FELONY
 EXCEPTING  THOSE  CLASS  A  FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE
 OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS  OF  AGE  OR  OLDER;  ACTS
 CONSTITUTING  THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN
 THE SECOND DEGREE); 120.04 (VEHICULAR  ASSAULT  IN  THE  FIRST  DEGREE);

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 120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT); 125.10 (CRIMINALLY NEGLIGENT
 HOMICIDE); 125.11 (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE);  125.12
 (VEHICULAR   MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13  (VEHICULAR
 MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
 (TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
 NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE  FOR  WHICH  SUCH
 PERSON  IS  CRIMINALLY  RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
 THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING  IN  WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52  (AGGRAVATED  CRIMINAL  CONTEMPT);  ACTS CONSTITUTING A SPECIFIED
 OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION  130.91  OF  THIS  CHAPTER
 WHEN  COMMITTED AS A SEXUALLY MOTIVATED FELONY; 130.95 (PREDATORY SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS
 AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN  ARTICLE  490
 OF  THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION
 ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED  THAT  THE  UNDERLYING
 CRIME  FOR  THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMI-
 NALLY RESPONSIBLE.
   4. In any prosecution for an offense, lack of criminal  responsibility
 by reason of infancy, as defined in this section, is a defense.
   §  39.  Subdivision 2 of section 60.02 of the penal law, as amended by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted  for  a conviction for any felony, AND THE
 PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER,  the  court  must  impose  a
 sentence  authorized  to be imposed upon a person convicted of a class E
 felony provided, however, that (A) the court must not impose a  sentence
 of  [conditional  discharge  or] unconditional discharge if the youthful
 offender finding was substituted for a conviction of a felony defined in
 article two hundred twenty of  this  chapter;  AND  (B)  NOTWITHSTANDING
 PARAGRAPH  (E)  OF  SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A
 TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE  SENTENCE
 OF  ONE  YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST
 BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST  INCLUDE,
 AS  A  PART  THEREOF, A PERIOD OF POST RELEASE SUPERVISION IN ACCORDANCE
 WITH SUBDIVISION TWO-B OF SECTION 70.45 OF  THIS  TITLE.  IN  ANY  CASE,
 WHERE  A  COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A
 SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH  IMPRISONMENT  TERM

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 SHALL  NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT
 TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH  (D)  OF
 SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE.  IF THE SENTENCE IS TO
 BE  IMPOSED  UPON A YOUTHFUL OFFENDER FINDING WHICH HAS BEEN SUBSTITUTED
 FOR A CONVICTION OF ANY FELONY, AND THE PERSON  IS  NINETEEN  OR  TWENTY
 YEARS  OF  AGE,  THE  COURT  MUST  SENTENCE  SUCH PERSON PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE APPLICABLE TO A PERSON WHOSE  CONVICTION  WAS
 NOT SUBSTITUTED BY A YOUTHFUL OFFENDER FINDING OF THE SAME OFFENSE.
   § 40. 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 CLASS A FELONY, OTHER
 THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON  IN
 THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST
 DEGREE  AS  DEFINED  BY  SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL
 SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT  TO  THE  PROVISIONS  OF
 SECTION  70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI-
 CABLE. When a juvenile offender is convicted of [a] ANY OTHER crime, the
 court shall sentence the defendant to imprisonment  in  accordance  with
 section  70.05  OF  THIS  CHAPTER or sentence [him] THE DEFENDANT upon a
 youthful offender finding in  accordance  with  section  60.02  of  this
 [chapter] ARTICLE.
   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, 70.70, 70.71, 70.80, OR 485.10 OF  THIS
 CHAPTER,  when  sentencing a person who commits a felony after [he] SUCH
 PERSON has reached the age of [sixteen] SEVENTEEN AS OF  JANUARY  FIRST,
 TWO  THOUSAND  NINETEEN,  AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND
 TWENTY.
   § 40-a. Subdivision 5 of section 70.00 of the penal law, as amended by
 chapter 482 of the laws of 2009, is amended to read as follows:
   5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
 provision  of  law,  a  defendant sentenced to life imprisonment without
 parole shall not  be  or  become  eligible  for  parole  or  conditional
 release.  For  purposes of commitment and custody, other than parole and
 conditional release, such sentence shall be deemed to be  an  indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole  upon  conviction  for the crime of murder in the first degree as
 defined in section 125.27 of this chapter and  in  accordance  with  the
 procedures  provided  by  law  for imposing a sentence for such crime. A
 defendant WHO WAS EIGHTEEN YEARS OF AGE OR OLDER  AT  THE  TIME  OF  THE
 COMMISSION  OF  THE CRIME must be sentenced to life imprisonment without
 parole upon conviction for the crime of terrorism as defined in  section
 490.25  of  this  chapter,  where  the  specified  offense the defendant
 committed is a class A-I felony; the crime of criminal possession  of  a
 chemical  weapon  or biological weapon in the first degree as defined in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal weapon or biological weapon  in  the  first  degree  as  defined  in
 section  490.55 of this chapter; provided, however, that nothing in this
 subdivision shall preclude or prevent  a  sentence  of  death  when  the

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 defendant  is  also convicted of the crime of murder in the first degree
 as defined in section 125.27 of this  chapter.    A  DEFENDANT  WHO  WAS
 SEVENTEEN  YEARS  OF AGE OR YOUNGER AT THE TIME OF THE COMMISSION OF THE
 CRIME  MAY BE SENTENCED TO LIFE IMPRISONMENT UPON CONVICTION FOR A CRIME
 OF TERRORISM AS DEFINED IN SECTION 490.25 OF  THIS  CHAPTER,  WHERE  THE
 SPECIFIED  OFFENSE  IS  A  CLASS  A-I  FELONY;  THE  CRIME  OF  CRIMINAL
 POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE
 AS DEFINED IN SECTION 490.45 OF THIS CHAPTER; OR THE CRIME  OF  CRIMINAL
 USE  OF  A  CHEMICAL  WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS
 DEFINED IN SECTION 490.55 OF THIS CHAPTER. A defendant must be sentenced
 to life imprisonment without parole upon conviction  for  the  crime  of
 murder  in  the  second degree as defined in subdivision five of section
 125.25 of this chapter or for the crime of aggravated murder as  defined
 in subdivision one of section 125.26 of this chapter. A defendant may be
 sentenced  to  life  imprisonment without parole upon conviction for the
 crime of aggravated murder as defined  in  subdivision  two  of  section
 125.26 of this chapter.
   §  41.  Section 70.05 of the penal law, as added by chapter 481 of the
 laws of 1978, subdivision 1 as amended by chapter 615  of  the  laws  of
 1984,  paragraph  (e)  of  subdivision  2  as added and paragraph (c) of
 subdivision 3 as amended by chapter 435 of the laws of  1998,  paragraph
 (a)  of  subdivision 3 as amended by chapter 174 of the laws of 2003, is
 amended to read as follows:
 § 70.05 Sentence of imprisonment for juvenile offender.
   1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a
 JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE
 SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS
 DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE  AS  DEFINED
 BY  SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSU-
 ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF
 THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT  FOR  THE  CLASS
 A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen-
 der shall be an indeterminate sentence. When such a sentence is imposed,
 the  court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maxi-
 mum term in accordance with the provisions of subdivision  two  of  this
 section  [and the minimum period of imprisonment shall be as provided in
 subdivision three  of  this  section].  EXCEPT  AS  PROVIDED  HEREIN,  A
 SENTENCE  OF  IMPRISONMENT  FOR ANY OTHER FELONY COMMITTED BY A JUVENILE
 OFFENDER SHALL BE A  DETERMINATE  SENTENCE.  WHEN  SUCH  A  SENTENCE  IS
 IMPOSED,  THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF
 YEARS IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION  THREE  OF  THIS
 SECTION  AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE.    The
 court  shall  further  provide  that  where a juvenile offender is under
 placement pursuant to  article  three  of  the  family  court  act,  any
 sentence  imposed pursuant to this section which is to be served consec-
 utively with such placement shall be served  in  a  facility  designated
 pursuant  to  subdivision four of section 70.20 of this article prior to
 service of the placement in any previously designated facility.
   2. [Maximum term of] INDETERMINATE sentence. [The maximum term  of  an
 indeterminate  sentence  for a juvenile offender shall be at least three
 years and the term shall be fixed as follows:
   (a)] For the class A felony of murder in the second degree, the  MAXI-
 MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI-
 SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS:

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   (A)  WHERE  THE  DEFENDANT  WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH
 OFFENSE, OR WAS FOURTEEN OR FIFTEEN AT THE TIME OF SUCH OFFENSE AND  THE
 SENTENCE  IS  FOR  AN  OFFENSE SPECIFIED IN SUBDIVISION THREE OF SECTION
 125.25 OF THIS CHAPTER, THE MINIMUM PERIOD OF IMPRISONMENT SHALL  BE  AT
 LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS;
   (B) EXCEPT AS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE
 DEFENDANT  WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS
 OLD, AND, COMMENCING JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  WHERE  THE
 DEFENDANT  WAS  AT LEAST FOURTEEN YEARS OLD BUT LESS THAN EIGHTEEN YEARS
 OLD AT THE TIME OF SUCH OFFENSE,  THE  MINIMUM  PERIOD  OF  IMPRISONMENT
 SHALL  BE AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT EXCEED FIFTEEN
 YEARS.
   [(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson  in
 the  first  degree, or for the class A felony of kidnapping in the first
 degree the DETERMINATE term shall be fixed by the court, and shall be at
 least [twelve] FOUR years but shall not exceed fifteen years;
   [(c)] (B)(I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH, for a class B felony, the DETERMINATE term shall be fixed by  the
 court,  and  shall BE AT LEAST ONE YEAR BUT SHALL not exceed [ten] SEVEN
 years;
   (II) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF  THIS
 ARTICLE, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANU-
 ARY  FIRST,  TWO  THOUSAND  TWENTY,  WHERE  THE DEFENDANT WAS SIXTEEN OR
 SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE,  THE  DETERMINATE  TERM
 SHALL  BE FIXED BY THE COURT, AND SHALL BE AT LEAST FIVE YEARS BUT SHALL
 NOT EXCEED TWENTY YEARS; PROVIDED, HOWEVER, THAT WHERE THE COURT, HAVING
 REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO  THE  HISTORY
 AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDU-
 LY HARSH TO IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN FIVE YEARS AND
 NO  MORE  THAN  TWENTY-FIVE  YEARS,  THE  COURT MAY IMPOSE A DETERMINATE
 SENTENCE OF NO LESS THAN ONE YEAR AND NO MORE THAN SEVEN YEARS;
   (III) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS
 ARTICLE, WHERE THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS  OLD  AT  THE
 TIME  OF  SUCH OFFENSE THE DETERMINATE TERM SHALL BE FIXED BY THE COURT,
 AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED SEVEN YEARS;
   [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by
 the court, and shall BE AT LEAST ONE YEAR BUT SHALL not  exceed  [seven]
 FIVE years; and
   [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by
 the  court,  and  shall BE AT LEAST ONE YEAR BUT SHALL not exceed [four]
 THREE years; AND
   (E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN  YEARS  OLD,
 AND  COMMENCING  JANUARY FIRST, TWO THOUSAND TWENTY, WHERE THE DEFENDANT
 WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE  TIME  OF  SUCH  OFFENSE,  THE
 DETERMINATE  TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE
 YEAR BUT SHALL NOT EXCEED TWO YEARS.
   [3. Minimum period of imprisonment. The minimum period of imprisonment
 under an indeterminate sentence for a juvenile offender shall be  speci-
 fied in the sentence as follows:
   (a) For the class A felony of murder in the second degree, the minimum
 period of imprisonment shall be fixed by the court and shall be not less
 than  five years but shall not exceed nine years provided, however, that
 where the sentence is for an offense specified in subdivision one or two
 of section 125.25 of this chapter and  the  defendant  was  fourteen  or
 fifteen  years  old  at  the time of such offense, the minimum period of

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 imprisonment shall be not less than seven and one-half years  but  shall
 not exceed fifteen years;
   (b)  For  the  class A felony of arson in the first degree, or for the
 class A felony of kidnapping in the first degree, the minimum period  of
 imprisonment shall be fixed by the court and shall be not less than four
 years but shall not exceed six years; and
   (c)  For  a class B, C or D felony, the minimum period of imprisonment
 shall be fixed by the court at one-third of the maximum term imposed.]
   4. A SENTENCE IMPOSED FOR A MISDEMEANOR OR VIOLATION  COMMITTED  BY  A
 JUVENILE  OFFENDER  SHALL  BE  IN  ACCORDANCE WITH SECTION 70.15 OF THIS
 CHAPTER.
   § 42. 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.]
   §  43.  Subdivision 2 of section 70.20 of the penal law, as amended by
 chapter 437 of the laws of 2013, is amended to read as follows:
   2. [(a)] Definite sentence. Except as provided in subdivision four  of
 this  section,  when a definite sentence of imprisonment is imposed, the
 court shall commit the defendant to the county or regional  correctional
 institution  for  the term of his sentence and until released in accord-
 ance with the law.
   [(b) The court in committing a defendant who is not yet eighteen years
 of age to the local correctional facility shall inquire  as  to  whether

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 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.]
   §  44.  Paragraph  (a)  of 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 and two new paragraphs (a-1) and (a-2) are
 added to read as follows:
   (a) Notwithstanding any other provision of  law  to  the  contrary,  a
 juvenile  offender[,] or a juvenile offender who is adjudicated a youth-
 ful offender  [and],  WHO  IS  given  an  indeterminate  or  a  definite
 sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC-
 ING, shall be committed to the custody of the commissioner of the office
 of children and family services who shall arrange for the confinement of
 such  offender  in  [secure]  facilities  of  the office. The release or
 transfer of such offenders  from  the  office  of  children  and  family
 services  shall  be governed by section five hundred eight of the execu-
 tive law. IF THE JUVENILE OFFENDER IS  CONVICTED  OR,  IF  THE  JUVENILE
 OFFENDER  WHO  IS  ADJUDICATED  A  YOUTHFUL OFFENDER IS CONVICTED AND IS
 TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME OF SENTENCING,  HE  OR  SHE
 SHALL BE DELIVERED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION.
   (A-1)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, A
 PERSON SIXTEEN YEARS OF AGE  WHO  COMMITS  A  VEHICLE  AND  TRAFFIC  LAW
 OFFENSE THAT DOES NOT CONSTITUTE A JUVENILE OFFENDER OFFENSE ON OR AFTER
 JANUARY FIRST, TWO THOUSAND NINETEEN AND A PERSON SEVENTEEN YEARS OF AGE
 WHO  COMMITS  SUCH  AN  OFFENSE  ON OR AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY WHO IS SENTENCED TO A TERM OF IMPRISONMENT WHO IS UNDER  THE  AGE
 OF  TWENTY-ONE  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 CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF
 THE OFFICE.
   (A-2)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY,
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, A PERSON WHO  IS  IN  THE
 CUSTODY OF, OR IS COMMITTED TO, THE DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY  SUPERVISION  WHO  IS  UNDER  THE AGE OF EIGHTEEN SHALL, WITHIN THE
 DISCRETION OF THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION
 AND  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, SUBJECT TO AVAILABLE
 CAPACITY, AND WHEN CONSISTENT WITH THE PERSON'S CIRCUMSTANCES, BE TRANS-
 FERRED 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  PLACEMENT  FACILITY  AND  RELEASE  OR
 TRANSFER  OF  SUCH  OFFENDERS  FROM  THE  OFFICE  OF CHILDREN AND FAMILY
 SERVICES SHALL BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF  THE  EXECU-
 TIVE LAW.
   §  44-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

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 felony, committed before he has reached the age of sixteen, shall, if it
 exceeds ten years, be deemed to be ten years. If consecutive  indetermi-
 nate  sentences  imposed upon a juvenile offender include a sentence for
 the class A felony of arson in the first degree or for the class A felo-
 ny of kidnapping in the first degree, then the aggregate maximum term of
 such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
 fifteen years. Where the aggregate maximum term of two or  more  consec-
 utive  sentences is reduced by a calculation made pursuant to this para-
 graph, the aggregate minimum period of imprisonment, if it exceeds  one-
 half  of the aggregate maximum term as so reduced, shall be deemed to be
 one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE
 TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON  A  JUVENILE
 OFFENDER  FOR  TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON
 WAS IMPRISONED UNDER ANY OF SUCH  SENTENCES,  OTHER  THAN  TWO  OR  MORE
 SENTENCES  THAT  INCLUDE  A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE
 FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS TEN YEARS, BE  DEEMED
 TO BE TEN YEARS, PROVIDED:
   (A)  WHERE  ALL  OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE
 AGGREGATE TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
 TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND
   (B)  WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE
 AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE
 DEEMED TO BE SERVING AN INDETERMINATE  SENTENCE,  THE  MAXIMUM  TERM  OF
 WHICH  SHALL  BE DEEMED TO BE TEN YEARS AND THE AGGREGATE MINIMUM PERIOD
 OF WHICH, IF IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO  BE  FIVE  YEARS;
 AND
   (C)  WHERE  ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE
 SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:
   (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO  OR
 EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A
 DETERMINATE TERM OF TEN YEARS; AND
   (2)  IF  THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR
 SENTENCES IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE  DEEMED
 TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL
 BE  DEEMED  TO  BE  TEN  YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE
 DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF
 THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER.
   (II) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED  UPON
 A  JUVENILE  OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME
 THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, AT LEAST  ONE  OF
 WHICH  IS  THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY
 SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED  BY  SECTION
 135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE
 A  SENTENCE  IMPOSED  FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS
 FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED:
   (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE  DETERMINATE  AND  THE
 AGGREGATE  TERM  EXCEEDS  FIFTEEN  YEARS, THE JUVENILE OFFENDER SHALL BE
 DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND
   (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND  THE
 AGGREGATE  MAXIMUM  TERM  EXCEEDS  FIFTEEN  YEARS, THE JUVENILE OFFENDER
 SHALL BE DEEMED TO BE SERVING AN  INDETERMINATE  SENTENCE,  THE  MAXIMUM
 TERM  OF  WHICH  SHALL  BE  DEEMED TO BE FIFTEEN YEARS AND THE AGGREGATE
 MINIMUM PERIOD OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF  YEARS,  SHALL
 BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND
   (C)  WHERE  ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE
 SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE:

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   (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO  OR
 EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV-
 ING A DETERMINATE TERM OF FIFTEEN YEARS; AND
   (2)  IF  THE  TERM  OR  AGGREGATE  TERM OF THE DETERMINATE SENTENCE OR
 SENTENCES IS LESS THAN FIFTEEN YEARS, THE  JUVENILE  OFFENDER  SHALL  BE
 DEEMED  TO  BE  SERVING  AN  INDETERMINATE SENTENCE, THE MAXIMUM TERM OF
 WHICH SHALL BE DEEMED TO BE FIFTEEN YEARS, AND  THE  MINIMUM  PERIOD  OF
 WHICH  SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS OF
 THE TERM OR AGGREGATE TERM OF THE  DETERMINATE  SENTENCE  OR  SENTENCES,
 WHICHEVER IS GREATER.
   §  44-b.  Section  70.45  of  the penal law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. PERIODS OF POST-RELEASE SUPERVISION FOR  JUVENILE  OFFENDERS  AND
 YOUTHFUL  OFFENDERS.  (A)  THE  PERIOD OF POST-RELEASE SUPERVISION FOR A
 DETERMINATE SENTENCE IMPOSED UPON A  YOUTHFUL  OFFENDER  OR  A  JUVENILE
 OFFENDER  ADJUDICATED  A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT
 ONE YEAR.
   (B) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE  SENTENCE
 IMPOSED  UPON  A  JUVENILE  OFFENDER NOT ADJUDICATED A YOUTHFUL OFFENDER
 MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS:
   (I) SUCH PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE  SENTENCE  OF
 IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY
 OFFENSE;
   (II)  SUCH  PERIOD  SHALL  BE NOT LESS THAN ONE YEAR NOR MORE THAN TWO
 YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON  A
 CONVICTION OF A CLASS C FELONY OFFENSE;
   (III)  SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN THREE
 YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON  A
 CONVICTION  OF  A  CLASS  B FELONY OFFENSE; PROVIDED, HOWEVER, THAT SUCH
 PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FOUR YEARS WHENEVER
 A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A
 CLASS B VIOLENT FELONY OFFENSE WHERE  THE  DEFENDANT  WAS  SIXTEEN,  AND
 COMMENCING  JANUARY  FIRST,  TWO THOUSAND TWENTY, SEVENTEEN YEARS OLD AT
 THE TIME OF THE OFFENSE; AND
   (IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR  MORE  THAN  FIVE
 YEARS  WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A
 CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS
 DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE  AS  DEFINED
 BY  SECTION  135.25  OF  THIS  CHAPTER,  AND A FIVE-YEAR PERIOD SHALL BE
 IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A  DETERMI-
 NATE  SENTENCE  IMPOSED  UPON  A JUVENILE OFFENDER FOR ANY OTHER CLASS A
 FELONY.
   § 45. Subdivision 18 of section 10.00 of the penal law, as amended  by
 chapter 7 of the laws of 2007, is amended to read as follows:
   18.  "Juvenile  offender" means (1) a person thirteen years old who is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or such conduct as a sexually motivated felony, where authorized  pursu-
 ant to section 130.91 of [the penal law; and] THIS CHAPTER;
   (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING
 JANUARY FIRST, TWO THOUSAND TWENTY, SEVENTEEN years old who is criminal-
 ly  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 responsi-
 ble; section 135.25 (kidnapping in the first degree); 150.20  (arson  in

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 the  first  degree); subdivisions one and two of section 120.10 (assault
 in the first degree); 125.20 (manslaughter in the first degree);  subdi-
 visions one and two of section 130.35 (rape in the first degree); subdi-
 visions  one and two of section 130.50 (criminal sexual act in the first
 degree); 130.70 (aggravated sexual abuse in the  first  degree);  140.30
 (burglary  in  the  first  degree);  subdivision  one  of section 140.25
 (burglary in the second degree); 150.15 (arson in  the  second  degree);
 160.15  (robbery in the first degree); subdivision two of section 160.10
 (robbery in the second degree) of this chapter;  or  section  265.03  of
 this  chapter,  where  such  machine gun or such firearm is possessed on
 school grounds, as that phrase is defined  in  subdivision  fourteen  of
 section 220.00 of this chapter; or defined in this chapter as an attempt
 to commit murder in the second degree or kidnapping in the first degree,
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law] THIS CHAPTER; AND
   (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND  TWEN-
 TY,  SEVENTEEN  YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI-
 TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI-
 TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS  CHAPTER;  ACTS
 CONSTITUTING  ANY  CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A
 FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT  OF
 THE  OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS
 CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT  IN
 THE  SECOND  DEGREE);  120.04  (VEHICULAR  ASSAULT IN THE FIRST DEGREE);
 120.04-A (AGGRAVATED VEHICULAR ASSAULT);  125.10  (CRIMINALLY  NEGLIGENT
 HOMICIDE);  125.11  (AGGRAVATED  CRIMINALLY  NEGLIGENT HOMICIDE); 125.12
 (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.13   (VEHICULAR
 MANSLAUGHTER   IN   THE  FIRST  DEGREE);  125.14  (AGGRAVATED  VEHICULAR
 MANSLAUGHTER);  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  125.20
 (MANSLAUGHTER  IN  THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN
 THE  SECOND  DEGREE);  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
 DEGREE);  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); 130.75
 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST  DEGREE);  215.11
 (TAMPERING  WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI-
 NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE  FOR  WHICH  SUCH
 PERSON  IS  CRIMINALLY  RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN
 THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING  IN  WHICH  THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  SECOND
 DEGREE);  220.43  (CRIMINAL  SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE); 220.77 (OPERATING AS A MAJOR  TRAFFICKER);  460.22  (AGGRAVATED
 ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON
 OR  A  BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A
 CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN  THE  SECOND  DEGREE);  490.55
 (CRIMINAL  USE  OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST
 DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE  DEFINED  IN  SUBDIVISION
 TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI-
 VATED  FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVI-
 SION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF
 TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN  ARTICLE  FOUR  HUNDRED
 NINETY  OF  THIS  CHAPTER;  AND  ACTS  CONSTITUTING A CRIME SET FORTH IN
 SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED  THAT  THE

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 UNDERLYING  CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON
 IS CRIMINALLY RESPONSIBLE.
   § 46. Subdivision 42 of section 1.20 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   42.  "Juvenile offender" means (1) a person, thirteen years old who is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25  of  the  penal
 law,  or  such  conduct as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
 [or], fifteen OR SIXTEEN YEARS OLD, OR  COMMENCING  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY,  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 the penal law; or section 265.03 of the penal law, where such
 machine  gun  or  such  firearm  is possessed on school grounds, as that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law; or defined in the penal law as an attempt to commit murder  in  the
 second  degree  or  kidnapping in the first degree, or such conduct as a
 sexually motivated felony, where authorized pursuant to  section  130.91
 of the penal law; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST,
 TWO  THOUSAND  TWENTY,  A  PERSON  SIXTEEN OR SEVENTEEN YEARS OLD WHO IS
 CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE
 VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN  SECTION  70.02  OF
 THE  PENAL  LAW;  ACTS  CONSTITUTING  ANY CRIME IN THE PENAL LAW THAT IS
 CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS  A  FELONIES  WHICH
 REQUIRE,  AS  AN  ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN
 YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED  IN  SECTION
 120.03  (VEHICULAR  ASSAULT  IN  THE  SECOND  DEGREE); 120.04 (VEHICULAR
 ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED  VEHICULAR  ASSAULT);
 125.10  (CRIMINALLY  NEGLIGENT  HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT  HOMICIDE);  125.12  (VEHICULAR  MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.13  (VEHICULAR  MANSLAUGHTER  IN THE FIRST DEGREE); 125.14
 (AGGRAVATED VEHICULAR HOMICIDE);  125.15  (MANSLAUGHTER  IN  THE  SECOND
 DEGREE);  125.20  (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED
 MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED  MANSLAUGHTER  IN
 THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE);
 130.75  (COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE);
 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT  THE
 CRIMINAL  PROCEEDING  IN  WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH
 SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A  WITNESS
 IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE
 PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI-
 BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT
 THE  CRIMINAL  PROCEEDING  IN  WHICH  THE PERSON IS TAMPERING IS ONE FOR
 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; SUBDIVISION ONE OF  SECTION

 S. 2006--A                         105                        A. 3006--A
 
 215.52   (AGGRAVATED   CRIMINAL   CONTEMPT);  130.95  (PREDATORY  SEXUAL
 ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  IN  THE
 SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
 THE  FIRST  DEGREE);  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE);  220.77  (OPERATING  AS A MAJOR TRAFFICKER); 460.22
 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45  (CRIMINAL  POSSESSION  OF  A
 CHEMICAL  WEAPON  OR  A  BIOLOGICAL  WEAPON IN THE FIRST DEGREE); 490.50
 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE  SECOND
 DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP-
 ON  IN  THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED
 IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED  AS
 A  SEXUALLY  MOTIVATED  FELONY;  ACTS  CONSTITUTING  A SPECIFIED OFFENSE
 DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF  THE  PENAL  LAW  WHEN
 COMMITTED  AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN
 ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND  ACTS  CONSTITUTING  A
 CRIME  SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15
 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR  THE  CONSPIRACY
 CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE.
   §  47. Subdivision 1 of section 500-a of the correction law is amended
 by adding a new paragraph (h) to read as follows:
   (H) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW  COMMENCING  JANUARY
 FIRST,  TWO  THOUSAND  NINETEEN,  NO  COUNTY  JAIL SHALL BE USED FOR THE
 CONFINEMENT OF ANY PERSON UNDER THE AGE OF SEVENTEEN  WHO  IS  SENTENCED
 FOR  AN  OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND NINE-
 TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, NO COUNTY JAIL
 SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE  OF  EIGH-
 TEEN  WHO  IS  SENTENCED  FOR  AN  OFFENSE COMMITTED ON OR AFTER JANUARY
 FIRST, TWO THOUSAND TWENTY.   PLACEMENT OF ANY PERSON  WHO  MAY  NOT  BE
 CONFINED  TO  A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL BE DETER-
 MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 48. The criminal procedure law is amended by adding  a  new  section
 160.59 to read as follows:
 § 160.59 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 CRIME 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,  A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE OF THE
 PENAL LAW WHERE THE  UNDERLYING OFFENSE IS NOT AN ELIGIBLE  OFFENSE,  AN
 ATTEMPT  TO  COMMIT  AN  OFFENSE  THAT IS NOT AN ELIGIBLE OFFENSE IF THE
 ATTEMPT IS A FELONY, OR AN OFFENSE  FOR  WHICH  REGISTRATION  AS  A  SEX
 OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
   (B)  "SENTENCING  JUDGE"  SHALL MEAN THE JUDGE WHO PRONOUNCED SENTENCE
 UPON THE CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS  NO  LONGER
 SITTING  IN  A  COURT  IN  THE  JURISDICTION IN WHICH THE CONVICTION WAS
 OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE
 JUDGMENT OF CONVICTION WAS ENTERED.
   2. (A) A DEFENDANT WHO HAS  BEEN  CONVICTED  OF  UP  TO  TWO  ELIGIBLE
 OFFENSES  BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT IN
 WHICH HE OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO  HAVE  SUCH
 CONVICTION  SEALED.  IF  ALL OFFENSES ARE OFFENSES WITH THE SAME CLASSI-

 S. 2006--A                         106                        A. 3006--A
 
 FICATION, THE APPLICATION SHALL BE  MADE  TO  THE  COURT  IN  WHICH  THE
 DEFENDANT WAS LAST CONVICTED.
   (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO-
 SITION  OR  OTHER  SIMILAR  DOCUMENTATION  FOR ANY OFFENSE FOR WHICH THE
 DEFENDANT HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH  CERTIFICATE
 OR  OTHER  DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT OF THE
 DEFENDANT AS TO WHETHER HE OR SHE HAS FILED, OR THEN  INTENDS  TO  FILE,
 ANY  APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A COPY
 OF ANY OTHER SUCH APPLICATION THAT HAS BEEN FILED; (IV) A  SWORN  STATE-
 MENT  AS  TO  THE  CONVICTION  OR  CONVICTIONS FOR WHICH RELIEF IS BEING
 SOUGHT; AND (V) A SWORN STATEMENT OF THE REASON OR REASONS WHY THE COURT
 SHOULD, IN ITS DISCRETION, GRANT SUCH SEALING, ALONG WITH ANY SUPPORTING
 DOCUMENTATION.
   (C) A COPY OF ANY APPLICATION FOR SUCH SEALING SHALL  BE  SERVED  UPON
 THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION, OR, IF MORE
 THAN  ONE, THE CONVICTIONS, WAS OR WERE OBTAINED.  THE DISTRICT ATTORNEY
 SHALL NOTIFY THE COURT WITHIN FORTY-FIVE DAYS IF HE OR  SHE  OBJECTS  TO
 THE APPLICATION FOR SEALING.
   (D)  WHEN  SUCH  APPLICATION  IS  FILED  WITH  THE  COURT, IT SHALL BE
 ASSIGNED TO THE SENTENCING JUDGE UNLESS MORE  THAN  ONE  APPLICATION  IS
 FILED  IN  WHICH  CASE  THE  APPLICATION SHALL BE ASSIGNED TO THE COUNTY
 COURT OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT  IS
 LOCATED,  WHO  SHALL  REQUEST  AND RECEIVE FROM THE DIVISION OF CRIMINAL
 JUSTICE SERVICES A FINGERPRINT BASED  CRIMINAL  HISTORY  RECORD  OF  THE
 DEFENDANT,  INCLUDING  ANY SEALED OR SUPPRESSED RECORDS. THE DIVISION OF
 CRIMINAL JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY  REPORT,
 IF  ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL
 HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS.  THE  DIVISION
 IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU
 OF  INVESTIGATION  FOR THIS PURPOSE, AND TO MAKE SUCH INFORMATION AVAIL-
 ABLE TO THE COURT, WHICH MAY MAKE  THIS  INFORMATION  AVAILABLE  TO  THE
 DISTRICT ATTORNEY AND THE DEFENDANT.
   3.  THE  SENTENCING  JUDGE, OR COUNTY OR SUPREME COURT SHALL SUMMARILY
 DENY THE DEFENDANT'S APPLICATION WHEN:
   (A) THE DEFENDANT IS REQUIRED TO REGISTER AS A SEX  OFFENDER  PURSUANT
 TO ARTICLE SIX-C OF THE CORRECTION LAW; OR
   (B)  THE  DEFENDANT  HAS  PREVIOUSLY  OBTAINED  SEALING OF THE MAXIMUM
 NUMBER OF CONVICTIONS ALLOWABLE UNDER SECTION  160.58  OF  THE  CRIMINAL
 PROCEDURE LAW; OR
   (C)  THE  DEFENDANT  HAS  PREVIOUSLY  OBTAINED  SEALING OF THE MAXIMUM
 NUMBER OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS  SECTION;
 OR
   (D)  THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION HAS
 NOT YET BEEN SATISFIED; OR
   (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR
   (F) THE DEFENDANT WAS CONVICTED OF ANY CRIME AFTER  THE  DATE  OF  THE
 ENTRY  OF  JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING IS SOUGHT;
 OR
   (G) THE DEFENDANT HAS FAILED TO PROVIDE THE COURT  WITH  THE  REQUIRED
 SWORN  STATEMENT  OF  THE  REASONS WHY THE COURT SHOULD GRANT THE RELIEF
 REQUESTED; OR
   (H) THE DEFENDANT HAS BEEN CONVICTED OF TWO OR MORE FELONIES  OR  MORE
 THAN TWO CRIMES.
   4.  PROVIDED  THAT  THE  APPLICATION  IS  NOT SUMMARILY DENIED FOR THE
 REASONS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT  WHO

 S. 2006--A                         107                        A. 3006--A
 
 STANDS  CONVICTED  OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN SEALING OF
 NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE.
   5.  ANY  ELIGIBLE  OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS
 HAVE PASSED SINCE THE IMPOSITION OF  THE  SENTENCE  ON  THE  DEFENDANT'S
 LATEST  CONVICTION  OR,  IF  THE  DEFENDANT WAS SENTENCED TO A PERIOD OF
 INCARCERATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED  IN  CONJUNC-
 TION  WITH  A SENTENCE OF PROBATION, THE DEFENDANT'S LATEST RELEASE FROM
 INCARCERATION.  IN CALCULATING THE TEN YEAR PERIOD UNDER  THIS  SUBDIVI-
 SION,  ANY  PERIOD  OF  TIME  THE DEFENDANT SPENT INCARCERATED AFTER THE
 CONVICTION FOR WHICH THE APPLICATION FOR SEALING  IS  SOUGHT,  SHALL  BE
 EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
 ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
   6.  UPON  DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY
 DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI-
 CATION IS OPPOSED BY THE DISTRICT  ATTORNEY,  THE  SENTENCING  JUDGE  OR
 COUNTY  OR  SUPREME  COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN
 ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY  THAT  WOULD  AID
 THE  SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS
 OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF  THE  DISTRICT
 ATTORNEY  DOES  NOT OPPOSE THE APPLICATION, HOWEVER THE COURT MAY HOLD A
 HEARING AT ITS DISCRETION.
   7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY
 OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT  NOT
 LIMITED TO:
   (A)  THE  AMOUNT  OF  TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST
 CONVICTION;
   (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE  OFFENSE  FOR  WHICH  THE
 DEFENDANT IS SEEKING RELIEF, INCLUDING WHETHER THE ARREST CHARGE WAS NOT
 AN ELIGIBLE OFFENSE;
   (C)  THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH
 THE DEFENDANT STANDS CONVICTED;
   (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY  MEASURES  THAT  THE
 DEFENDANT  HAS  TAKEN  TOWARD  REHABILITATION,  SUCH AS PARTICIPATING IN
 TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING  IN  COMMUNITY
 SERVICE OR OTHER VOLUNTEER PROGRAMS;
   (E)  ANY  STATEMENTS  MADE  BY THE VICTIM OF THE OFFENSE FOR WHICH THE
 DEFENDANT IS SEEKING RELIEF;
   (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA-
 BILITATION AND UPON HIS OR HER SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
 REINTEGRATION INTO SOCIETY; AND
   (G)  THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND
 UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW.
   8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME 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 EXCEPT AS PROVIDED FOR IN SUBDIVISION  NINE  OF
 THIS  SECTION;  PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER-
 PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE  SAME.  THE
 CLERK  OF  SUCH  COURT  SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE
 DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS  THAT  SHALL
 BE  SEALED  PURSUANT  TO  THIS  SECTION. THE CLERK ALSO SHALL NOTIFY ANY
 COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO  PARAGRAPH  (B)  OF
 SUBDIVISION  TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO
 FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE.

 S. 2006--A                         108                        A. 3006--A
 
   9. 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; OR
   (C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY  FOR  THE
 ISSUANCE  OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
 TION FOR SUCH A LICENSE; OR
   (D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE  OFFICER  AS
 THOSE  TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
 SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR  EMPLOY-
 MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
 PERSON  WHO  IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
 OFFICER SHALL BE FURNISHED WITH A COPY OF  ALL  RECORDS  OBTAINED  UNDER
 THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
 TO; 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. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS  INCLUDED
 WITHIN  THE  DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
 PROCEEDING IN WHICH THE FACT OF  A  PRIOR  CONVICTION  WOULD  ENHANCE  A
 PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
   11.  NO  DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
 FOR SEALING PURSUANT TO THIS SECTION  AS  PART  OF  A  PLEA  OF  GUILTY,
 SENTENCE  OR  ANY  AGREEMENT  RELATED  TO  A  CONVICTION FOR AN ELIGIBLE
 OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY ENFORCEABLE.
   § 48-a. Subdivision 16 of section 296 of the executive law,  as  sepa-
 rately  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
 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  160.59
 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

 S. 2006--A                         109                        A. 3006--A
 
 criminal procedure law, or by a conviction which is sealed  pursuant  to
 section  160.58  OR 160.59 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 160.58 OR 160.59 of the criminal procedure law.
   §  49.  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] offense [as] defined in ARTICLE ONE HUNDRED
 THIRTY OR TWO HUNDRED SIXTY-THREE OF the penal law. [The  provisions  of
 subdivision  one  requiring  the  accusatory  instrument filed against a
 youth to be sealed shall not apply where such youth has previously  been
 adjudicated a youthful offender or convicted of a crime.]
   §  50.  Subdivision 1 of section 720.20 of the criminal procedure law,
 as amended by chapter 652 of the laws of 1974, is  amended  to  read  as
 follows:
   1.   Upon conviction of an eligible youth, the court must order a pre-
 sentence investigation of the defendant.   After receipt  of  a  written
 report  of the investigation and at the time of pronouncing sentence the
 court must determine whether or not the eligible  youth  is  a  youthful
 offender.   Such determination shall be in accordance with the following
 criteria:
   (a)  If in the opinion of the court the interest of justice  would  be
 served  by  relieving  the  eligible  youth  from the onus of a criminal
 record and by not imposing an indeterminate term of imprisonment of more
 than four years, the court may, in its  discretion,  find  the  eligible
 youth is a youthful offender; [and]
   (b)    Where  the  conviction is had in a local criminal court and the
 eligible youth had not prior to commencement of trial or entry of a plea
 of guilty been convicted of a crime or found a  youthful  offender,  the
 court must find he is a youthful offender[.]; AND
   (C)  THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
 AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN  CONVICTED  AND  SENTENCED
 FOR  A  FELONY,  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
 REQUIRES OTHERWISE.
   § 51. Intentionally omitted.
   § 52. Intentionally omitted.
   § 53. Intentionally omitted.
   § 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section
 115 of the family court  act,  paragraph  (vi)  of  subdivision  (a)  as

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 amended and subdivision (e) as added by chapter 222 of the laws of 1994,
 are amended to read as follows:
   (vi) proceedings concerning juvenile delinquency as set forth in arti-
 cle three THAT ARE COMMENCED IN FAMILY COURT.
   (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.
   § 55. Subdivision (b) of section  117  of  the  family  court  act  is
 REPEALED and a new subdivision (b) is added to read as follows:
   (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW
 YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA-
 RATE  FROM  ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL HAVE JURISDIC-
 TION OVER ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING  AN  ALLEGATION
 THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY
 ACT  AS  DEFINED  IN  SUBDIVISION EIGHT OF SECTION 301.2 OF THIS CHAPTER
 THAT ARE NOT REFERRED TO THE YOUTH PART OF A SUPERIOR  COURT.  ALL  SUCH
 PROCEEDINGS  SHALL  BE ORIGINATED IN OR BE TRANSFERRED TO SUCH PART FROM
 OTHER PARTS AS THEY ARE MADE KNOWN TO THE COURT.   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 CHAPTER.
   § 56. Subdivision 1 of section 301.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   1.  "Juvenile  delinquent"  means  a  person [over seven and less than
 sixteen years of age, who, having committed an act that would constitute
 a crime if committed by an adult, (a) is not criminally responsible  for
 such  conduct by reason of infancy, or (b) is the defendant in an action
 ordered removed from a criminal court to the family  court  pursuant  to
 article seven hundred twenty-five of the criminal procedure law]:
   (A) WHO IS:
   (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
 TUTE  A  CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE FIRST DEGREE)
 OR 125.25 (MURDER IN THE SECOND DEGREE) OF THE PENAL LAW IF COMMITTED BY
 AN ADULT; OR
   (II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN SIXTEEN YEARS  OF  AGE
 WHO  COMMITTED  AN  ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
 ADULT; OR
   (III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST,  TWO  THOUSAND
 TWENTY,  SIXTEEN  OR  SEVENTEEN  YEARS  OF AGE WHO COMMITTED AN ACT THAT
 WOULD CONSTITUTE A CRIME, OR DISORDERLY CONDUCT AS  DEFINED  IN  SECTION
 240.20  OF  THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
 IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND
   (B) WHO IS EITHER:
   (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF  INFANCY;
 OR
   (II)  THE  DEFENDANT  IN  AN  ACTION  BASED  ON SUCH ACT THAT HAS BEEN
 ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO  ARTICLE  SEVEN  HUNDRED
 TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   §  57.  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:

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   8. "Designated felony act" means an act which, if done  by  an  adult,
 would  be  a  crime: (i) defined in sections 125.27 (murder in the first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first degree); or 150.20 (arson in the first degree) of  the  penal  law
 committed  by  a person thirteen, fourteen [or], fifteen, OR SIXTEEN, OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, SEVENTEEN years  of  age;
 or  such conduct committed as a sexually motivated felony, where author-
 ized pursuant to section 130.91  of  the  penal  law;  (ii)  defined  in
 sections  120.10  (assault in the first degree); 125.20 (manslaughter in
 the first degree); 130.35 (rape in the first degree);  130.50  (criminal
 sexual  act in the first degree); 130.70 (aggravated sexual abuse in the
 first degree); 135.20 (kidnapping in the second degree) but  only  where
 the  abduction  involved  the  use  or  threat of use of deadly physical
 force; 150.15 (arson in the second degree) or  160.15  (robbery  in  the
 first  degree) of the penal law committed by a person thirteen, fourteen
 [or], fifteen, OR SIXTEEN, OR, COMMENCING JANUARY  FIRST,  TWO  THOUSAND
 TWENTY,  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 commit-
 ted by a  person  thirteen,  fourteen  [or],  fifteen,  OR  SIXTEEN,  OR
 COMMENCING  JANUARY  FIRST, TWO THOUSAND TWENTY, SEVENTEEN years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  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  four-
 teen  or  fifteen  years of age; or such conduct committed as a sexually
 motivated felony, where authorized pursuant to  section  130.91  of  the
 penal  law; (v) defined in section 120.05 (assault in the second degree)
 or 160.10 (robbery in the second degree) of the penal law committed by a
 person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING JANUARY  FIRST,
 TWO  THOUSAND  TWENTY,  SEVENTEEN  years of age but only where there has
 been a prior finding by a court that such person has previously  commit-
 ted  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 desig-
 nated felony act specified in paragraph (i),  (ii),  or  (iii)  of  this
 subdivision  regardless  of  the  age  of such person at the time of the
 commission of the prior act; [or] (vi) other than a misdemeanor  commit-
 ted  by  a person at least [seven] TWELVE but less than [sixteen] SEVEN-
 TEEN years of age, OR COMMENCING JANUARY FIRST, TWO  THOUSAND  TWENTY  A
 PERSON  AT  LEAST  TWELVE  BUT LESS THAN EIGHTEEN YEARS OF AGE, but only
 where there has been two prior findings by the court  that  such  person
 has committed a prior felony; OR (VII) DEFINED IN SECTION 125.10 (CRIMI-
 NAL  NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY
 NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND
 DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE  SECOND
 DEGREE)  OF  THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST
 DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF  SEXUAL  CONDUCT  AGAINST  A
 CHILD)  OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL
 LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL  LAW;  490.45
 (CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE
 FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP-

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 ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE  PENAL  LAW;  ACTS
 CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN
 COMMITTED  AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED
 OFFENSE  DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW
 WHEN COMMITTED AS AN ACT OF TERRORISM; OR  ACTS  CONSTITUTING  A  FELONY
 DEFINED  IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY A
 PERSON AT LEAST SIXTEEN  BUT  LESS  THAN  SEVENTEEN  YEARS  OF  AGE,  OR
 COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY, AT LEAST SIXTEEN BUT LESS
 THAN EIGHTEEN YEARS OF AGE.
   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.
   § 58. 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.
   § 59. 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
 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  OF  THIS  PART  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.
   § 60. Subdivision 1 of section 304.2 of the family court act, as added
 by chapter 683 of the laws of 1984, is amended to read as follows:
   (1) Upon application by the presentment agency, OR UPON APPLICATION BY
 THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may
 issue a temporary order of protection  against  a  respondent  for  good
 cause  shown,  ex  parte or upon notice, at any time after a juvenile is
 taken into custody, pursuant to section 305.1 or 305.2 or upon the issu-
 ance of an appearance ticket pursuant  to  section  307.1  or  upon  the
 filing of a petition pursuant to section 310.1 OF THIS PART.

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   § 61. 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.
   § 62. 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.
   §  63.  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
   §  64.  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-I felony; [or] (b) THE CHILD IS TWELVE YEARS OF
 AGE OR OLDER AND THE CRIME WHICH IS THE SUBJECT OF THE ARREST  OR  WHICH
 IS CHARGED IN THE PETITION CONSTITUTES 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.
   § 65. Subdivisions 2 and 4 of section 307.3 of the family  court  act,
 subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi-
 sion  4 as added by chapter 920 of the laws of 1982, are amended to read
 as follows:
   2. When practicable such agency may release a child before the  filing
 of  a  petition  to  the  custody  of his OR HER parents or other person
 legally responsible for his OR HER care, or if such legally  responsible
 person is unavailable, to a person with whom he OR SHE resides, when the
 events occasioning the taking into custody appear to involve allegations

 S. 2006--A                         114                        A. 3006--A
 
 that the child committed a  delinquent act; PROVIDED, HOWEVER, THAT SUCH
 AGENCY MUST RELEASE THE CHILD IF:
   (A)  SUCH  EVENTS  APPEAR  TO  INVOLVE ONLY ALLEGATIONS THAT THE CHILD
 COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
 TED BY AN ADULT; OR
   (B) SUCH EVENTS APPEAR TO INVOLVE  ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY TO  ANOTHER
 PERSON;
   (II)  THE  CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
 WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (III) THE CHILD HAS NO MORE THAN ONE PRIOR  ADJUDICATION  FOR  AN  ACT
 THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
 ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION
 NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND
   (IV) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE  DETENTION
 RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNLESS  THE  AGENCY  DETERMINES  THAT  DETENTION  IS NECESSARY
 BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
 AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
   4. If the agency for any reason does not release a  child  under  this
 section,  such  child  shall  be brought   before the appropriate family
 court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
 BLE MAGISTRATE, IF ANY, DESIGNATED BY  THE  APPELLATE  DIVISION  OF  THE
 SUPREME  COURT  IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF
 SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE  IS  NOT  AVAIL-
 ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
 ty-two hours or the next day the court is in session, whichever is soon-
 er.  Such  agency  shall  thereupon  file  an  application  for an order
 pursuant to section 307.4 OF THIS PART and shall forthwith serve a  copy
 of  the  application upon the appropriate presentment agency. Nothing in
 this subdivision shall preclude the adjustment of suitable cases  pursu-
 ant to section 308.1.
   §  66.  The  section heading and subdivisions 1, 2, 3, 9, 12 and 13 of
 section 308.1 of the family court act, the section heading and  subdivi-
 sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and
 subdivision  2  as  amended  by section 3 of part V of chapter 55 of the
 laws of 2012, are amended to read as follows:
   [Rules of court for preliminary] PRELIMINARY procedure; ADJUSTMENT  OF
 CASES.  1.  [Rules  of  court  shall authorize and determine the circum-
 stances under which the] THE  probation  service  may  confer  with  any
 person seeking to have a juvenile delinquency petition filed, the poten-
 tial respondent and other interested persons concerning the advisability
 of requesting that a petition be filed IN ACCORDANCE WITH THIS SECTION.
   2. (A) Except as provided in subdivisions three [and], four, AND THIR-
 TEEN  of  this  section,  the probation service may[, in accordance with
 rules of court,] ATTEMPT TO adjust [suitable  cases]  A  CASE  before  a
 petition  is  filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS
 SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL  OF  RISK  THAT  THE
 CHILD  WILL  COMMIT  ANOTHER ACT THAT WOULD CONSTITUTE A CRIME AS DETER-
 MINED BY A VALIDATED RISK ASSESSMENT INSTRUMENT AND THE  EXTENT  OF  ANY
 PHYSICAL INJURY TO THE VICTIM.
   (B)  IF  A  CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND THE EVENTS IN
 THE CASE APPEAR TO INVOLVE ONLY ALLEGATIONS  THAT  THE  CHILD  COMMITTED
 ACTS  THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED BY

 S. 2006--A                         115                        A. 3006--A
 
 AN ADULT, THE PROBATION SERVICE MUST DILIGENTLY ATTEMPT  TO  ADJUST  THE
 CASE.    SUCH  ATTEMPTS  MAY  INCLUDE THE USE OF A JUVENILE REVIEW BOARD
 COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH  THE  CHILD  AND
 HIS  OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.  THE
 PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT DETER-
 MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL  BENE-
 FIT  FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR
 THE TIME FOR ADJUSTMENT HAS EXPIRED.
   (C) The inability of the respondent or  his  or  her  family  to  make
 restitution shall not be a factor in a decision to adjust a case or in a
 recommendation  to the presentment agency pursuant to subdivision six of
 this section.
   (D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT  FOR  A
 TEMPORARY  ORDER  OF  PROTECTION  AS PART OF THE ADJUSTMENT OF A CASE IN
 ACCORDANCE WITH SECTION 304.2 OF THIS PART.
   (E) Nothing in this section shall prohibit the  probation  service  or
 the  court  from directing a respondent to obtain employment and to make
 restitution from the earnings from  such  employment.  Nothing  in  this
 section shall prohibit the probation service or the court from directing
 an eligible person to complete an education reform program in accordance
 with section four hundred fifty-eight-l of the social services law.
   3.  The  probation  service  shall  not  ATTEMPT TO adjust a case THAT
 COMMENCED IN FAMILY COURT in which the child has allegedly  committed  a
 designated  felony  act  THAT INVOLVES ALLEGATIONS THAT THE CHILD CAUSED
 PHYSICAL INJURY TO A  PERSON  unless  [it]  THE  PROBATION  SERVICE  has
 received the written approval of the court.
   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.
   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 OF THIS
 PART in any manner other than the filing  of  a  petition  for  juvenile
 delinquency for an act which, if committed by an adult, would constitute
 a  felony,  provided, however, in the case of a child [eleven or] twelve
 years of age, such certification shall be made only  if  the  act  would
 constitute  a  class  A  or  B felony, OR, IN THE CASE OF A CHILD ELEVEN
 YEARS OF AGE, SUCH CERTIFICATION SHALL BE MADE ONLY  IF  THE  ACT  WOULD
 CONSTITUTE A CLASS A-1 FELONY.
   13.  The  [provisions  of  this  section]  PROBATION SERVICE shall not
 [apply] ATTEMPT TO ADJUST A CASE where  the  petition  is  an  order  of
 removal  to  the  family court pursuant to article seven hundred twenty-
 five of the criminal procedure law UNLESS IT HAS  RECEIVED  THE  WRITTEN
 APPROVAL OF THE COURT.
   §  67.  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;

 S. 2006--A                         116                        A. 3006--A
 
   §  68.  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) THE EVENTS UNDERLYING THE INITIAL  APPEARANCE  APPEAR  TO  INVOLVE
 ONLY  ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO
 MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II) SUCH EVENTS APPEAR TO INVOLVE ONLY  ALLEGATIONS  THAT  THE  CHILD
 COMMITTED  ACTS  THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
 THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
   (1) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS  DEFINED
 IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
 THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN  ACT
 THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
 ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   (4) THE RESPONDENT WAS ASSESSED  AT  A  LOW  RISK  ON  THE  APPLICABLE
 DETENTION  RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES-
 SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK  TO  PUBLIC
 SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER.
   §  69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the
 family court act, paragraph (a) as amended by chapter 37 of the laws  of
 2016  and paragraph (b) as added by chapter 920 of the laws of 1982, are
 amended to read as follows:
   (a) If the court finds that there is probable cause  to  believe  that
 the respondent committed a felony, it shall order the respondent commit-
 ted  to  the custody of the commissioner of mental health or the commis-
 sioner of THE OFFICE FOR PERSONS WITH developmental disabilities for  an
 initial  period not to exceed one year from the date of such order. Such
 period may be extended annually upon further 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 chief administrator of
 the courts. At that time, the commissioner must give written  notice  of
 the application to the respondent, the counsel representing the respond-
 ent and the mental hygiene legal service if the respondent is at a resi-
 dential  facility.  Upon  receipt  of  such  application, the court must
 conduct a hearing to determine the issue of capacity. If, at the conclu-
 sion of a hearing conducted pursuant  to  this  subdivision,  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  neces-
 sary  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 birthday 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

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 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.
   §  70.  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-
 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] 722.20 of such law  [for  a
 reason  other  than  his  waiver  thereof pursuant to subdivision two of
 section 180.75 of such law], the petition shall be deemed  to  be  based
 upon  a determination that probable cause exists to believe the respond-
 ent is a juvenile delinquent and the respondent shall not be entitled to
 any further inquiry on the subject of  whether  probable  cause  exists.
 After  the filing of any such petition the court must, however, exercise
 independent, de novo discretion with respect to release or detention  as
 set forth in section 320.5 OF THIS PART.
   §  71.  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]  ACCORDANCE  with  section 353.5 OF THIS PART. 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  interests  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 CHILDREN AND FAMILY SERVICES IF:
   (I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE  NO  MORE
 THAN A VIOLATION IF COMMITTED BY AN ADULT; OR
   (II)  THE  RESPONDENT  ONLY  COMMITTED ACTS THAT WOULD CONSTITUTE MORE
 THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT
 IF:
   (1) THE ACTS DID NOT RESULT IN  ANY  PHYSICAL  INJURY  AS  DEFINED  IN
 SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
   (2)  THE  RESPONDENT  DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT
 THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
   (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN  ACT
 THAT  WOULD  CONSTITUTE  A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
 ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND
   (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE  APPLICABLE  PRE-
 DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHIL-
 DREN  AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A PLACE-
 MENT IS NECESSARY BECAUSE THE RESPONDENT  OTHERWISE  POSES  AN  IMMINENT

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 RISK  TO  PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN
 THE COURT ORDER.
   § 72. 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.
   § 73. 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.
   § 74. Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
 act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi-
 sions  2,  6  and  7  as amended by chapter 645 of the laws of 1996, are
 amended to read as follows:
   1. 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  a  family
 court  pursuant  to  article  seven  hundred twenty-five of the criminal
 procedure law is adjudicated to be a juvenile 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 adjudi-
 cation is based would constitute a class [A or B] A-1 felony OR, IN  THE
 CASE  OF  A  PERSON  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 FELONY.

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   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.
   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.
   §  75.  Subdivision  6  of  section  355.3 of the family court act, as
 amended by chapter 663 of the laws  of  1985,  is  amended  to  read  as
 follows:
   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 OF THIS PART.

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   § 76. 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.
   § 77. Section 360.3 of the family court act is amended by adding a new
 subdivision 7 to read as follows:
   7.  NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE  DETAINED  UNDER
 SUBDIVISION  TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF THIS
 SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME
 IF COMMITTED BY AN ADULT  UNLESS  THE  COURT  DETERMINES  (A)  THAT  THE
 RESPONDENT  POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES
 THE REASONS FOR THE FINDING ON THE RECORD OR (B) 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 HAS BEEN EXHAUSTED WITHOUT SUCCESS.
   §  78. 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.
   § 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi-
 vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of
 the laws of 2011 and subdivision 4 as added by chapter 465 of  the  laws
 of 1992, are amended to read as follows:
   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 OR PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT IF THE PETITION PURSUANT TO  SUCH  ARTICLE
 WAS  FILED  PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY. Only alleged or
 convicted juvenile offenders who have not attained their eighteenth  OR,
 COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN, THEIR TWENTY-FIRST
 birthday shall be subject to detention in a detention facility.
   4. For purposes of this article, the term "youth" shall [be synonymous
 with the term "child" and means] MEAN a person not less than seven years

 S. 2006--A                         121                        A. 3006--A
 
 of age and not more than twenty OR COMMENCING JANUARY FIRST,  TWO  THOU-
 SAND NINETEEN, NOT MORE THAN TWENTY-TWO years of age.
   §  80.  Paragraph  (a)  of  subdivision 2 and subdivision 5 of section
 507-a of the executive law, as amended by chapter 465  of  the  laws  of
 1992, are amended to read as follows:
   (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 twen-
 ty-one  may  be  placed in[, committed to or remain in] the [division'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 TITLE 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 DESIG-
 NATED  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.
   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.
   § 81.  Paragraphs (a), (b), (c), (d) and  (e)  of  subdivision  2  and
 subdivision 4 of section 508 of the executive law are REPEALED.
   §  82.  Subdivisions  1,  2, 3, 5, 6, 7, 8 and 9 of section 508 of the
 executive law, subdivision 1 as amended by chapter 738 of  the  laws  of
 2004,  subdivision  2  as  amended  by  chapter 572 of the laws of 1985,
 subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered
 by chapter 465 of the laws of 1992, subdivisions 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  subdivi-
 sion  9  as amended by chapter 37 of the laws of 2016, are amended and a
 new subdivision 1-a is added to read as follows:
   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 sentencing provisions of the penal law. Such facilities
 shall provide appropriate services to juvenile offenders  including  but

 S. 2006--A                         122                        A. 3006--A
 
 not  limited  to  residential care, educational and vocational training,
 physical and mental health services, and employment counseling.
   1-A.    (A)  (I) THE STATE SHALL ESTABLISH ONE OR MORE FACILITIES WITH
 ENHANCED SECURITY FEATURES AND SPECIALLY TRAINED STAFF  TO  SERVE  THOSE
 YOUTH  SENTENCED  FOR  COMMITTING  OFFENSES  ON OR AFTER THEIR SIXTEENTH
 BIRTHDAY WHO ARE  DETERMINED,  BASED  ON  THE  PLACEMENT  CLASSIFICATION
 PROTOCOL  ESTABLISHED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, TO
 NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES.
   (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN
 AND FAMILY SERVICES, THE COMMISSIONER OF THE DEPARTMENT  OF  CORRECTIONS
 AND  COMMUNITY  SUPERVISION, THE COMMISSIONER OF THE STATE COMMISSION OF
 CORRECTION, AND THE COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE FACILITY.
 THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL
 HAVE THE POWER TO PERFORM ALL ACTS NECESSARY TO  CARRY  OUT  ITS  DUTIES
 INCLUDING  MAKING  UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT
 ANY TIME. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  STATE  LAW  TO  THE
 CONTRARY,  THE  COUNCIL  MAY  REQUEST AND THE OFFICE SHALL SUBMIT TO THE
 COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN  THE
 FORM  AND  MANNER  AND  AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS
 APPROPRIATE TO THE PURPOSES AND OPERATION OF THE  COUNCIL.  THE  COUNCIL
 SHALL  BE  SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE
 PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO  THE
 COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF
 TO, PERSONS NOT AUTHORIZED BY LAW.
   (III)  YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE
 FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH  THE
 TYPES  OF  YOUTH  PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES.
 ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A  YOUTH  DIVISION  AIDE
 SHALL  BE  SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG-
 ICAL SCREENING AS APPLICANTS FOR  EMPLOYMENT  AS  CORRECTIONAL  OFFICERS
 WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO
 SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE
 INDEPENDENT   ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO  SUCH  SECTION,
 PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN  SUCH  SECTION  "DEPARTMENT"
 SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER"
 SHALL  MEAN  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES. ALL STAFF OF THE FACILITY SHALL  BE  SUBJECT  TO  RANDOM  DRUG
 TESTS.
   (B)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO
 ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS,
 WITH THE SECURITY ISSUES RELATING TO OPERATING  FACILITIES  SERVING  THE
 ADDITIONAL YOUTH SENTENCED TO THE OFFICE.
   (C)  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION OR THE
 STATE COMMISSION OF CORRECTION AND THE OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO
 BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN  AND  FAMILY
 SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER-
 MINE  THE  APPROPRIATE  LEVEL  OF  CARE  FOR EACH YOUTH SENTENCED TO THE
 OFFICE.  THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED  TO,
 CONSIDERATION  OF  THE  NATURE  OF  THE  YOUTH'S OFFENSE AND THE YOUTH'S
 HISTORY AND SERVICE NEEDS.

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   (D) ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND  FAMILY
 SERVICES  TO  SERVE  THE  ADDITIONAL  YOUTH  PLACED WITH THE OFFICE AS A
 RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE  EXTENT
 PRACTICABLE,  CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
 THE  YOUTHS'  HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM-
 MING, SERVICES AND TREATMENT IN SMALL, CLOSELY  SUPERVISED  GROUPS  THAT
 OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
 IVE PEER RELATIONSHIPS.
   2.  Juvenile  offenders  COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
 PRIOR TO THE AGE OF SIXTEEN shall be confined in such  facilities  until
 the  age of twenty-one IN ACCORDANCE WITH THEIR SENTENCES, and shall not
 be released, discharged or permitted home visits except pursuant to  the
 provisions of this section.
   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.
   [5.] 4. The office of children and family  services  may  transfer  an
 offender  not less than eighteen [nor more than twenty-one] years of age
 to the department  of  corrections  and  community  supervision  if  the
 commissioner  of the office certifies to the commissioner of corrections
 and community supervision that there is no substantial  likelihood  that
 the youth will benefit from the programs offered by office facilities.
   [6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
 THE  OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH-
 DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
 transferred AT AGE TWENTY-ONE  to  the  custody  of  the  department  of
 corrections  and  community  supervision for confinement pursuant to the
 correction law.
   [7.] (B) ALL OFFENDERS COMMITTED OR  TRANSFERRED  TO  THE  OFFICE  FOR
 COMMITTING  A  CRIME ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE
 TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE
 CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  FOR
 CONFINEMENT PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF
 CARE  IN  OFFICE  OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY
 ARE WITHIN FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION  OF  THEIR
 SENTENCE AND THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE
 BASIS  THAT  THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE OFFICE FOR
 THE ADDITIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE
 THEIR SENTENCE. IN MAKING SUCH A DETERMINATION, THE FACTORS  THE  OFFICE
 MAY  CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH, THE
 AMOUNT OF TIME REMAINING ON THE YOUTH'S SENTENCE  OF  IMPRISONMENT,  THE
 LEVEL  OF  THE  YOUTH'S PARTICIPATION IN THE PROGRAM, THE YOUTH'S EDUCA-
 TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
 THROUGH THE OFFICE AND THROUGH THE DEPARTMENT, AND  THE  LENGTH  OF  THE
 YOUTH'S  POST-RELEASE  SUPERVISION  SENTENCE.  NOTHING IN THIS PARAGRAPH
 SHALL AUTHORIZE A YOUTH TO REMAIN IN AN OFFICE FACILITY  BEYOND  HIS  OR
 HER TWENTY-THIRD BIRTHDAY.
   (C)  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND NINETEEN, 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 SUPERVISION AND WHO ARE ABLE
 TO  COMPLETE  THE  FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES
 BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE  OFFICE
 OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION.

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   (D)  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND NINETEEN, ALL JUVENILE
 OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL-
 ITY BEFORE THEY ARE TRANSFERRED TO THE  DEPARTMENT  OF  CORRECTIONS  AND
 COMMUNITY  SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF THEIR
 POST-RELEASE  SUPERVISION  SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS
 OF AGE SHALL BE UNDER THE SUPERVISION OF THE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD
 OF  SENTENCE,  OR  EXPIRATION OF SUPERVISION, INCLUDING ANY POST-RELEASE
 SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE  SHALL
 ASSIST  SUCH  DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER-
 VISION.
   6. While in the custody of the office of children and family services,
 an offender shall be subject to the rules and regulations of the office,
 except that his  OR  HER  parole,  POST-RELEASE  SUPERVISION,  temporary
 release  and  discharge  shall  be  governed  by  the laws applicable to
 inmates of state correctional facilities and  his  OR  HER  transfer  to
 state  hospitals  in  the  office  of mental health shall be governed by
 section five hundred nine of this chapter; PROVIDED,  HOWEVER,  THAT  AN
 OTHERWISE  ELIGIBLE  JUVENILE OFFENDER MAY RECEIVE THE SIX-MONTH LIMITED
 CREDIT TIME ALLOWANCE  FOR  SUCCESSFUL  PARTICIPATION  IN  ONE  OR  MORE
 PROGRAMS  DEVELOPED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT
 ARE COMPARABLE TO THE  PROGRAMS  SET  FORTH  IN  SECTION  EIGHT  HUNDRED
 THREE-B  OF  THE  CORRECTION  LAW,  TAKING INTO CONSIDERATION THE AGE OF
 JUVENILE OFFENDERS.   The commissioner of the  office  of  children  and
 family  services shall, however, establish and operate temporary release
 programs at office  of  children  and  family  services  facilities  AND
 PROVIDE  POST-RELEASE  SUPERVISION  for  eligible juvenile offenders and
 [contract with the department of corrections and  community  supervision
 for  the  provision of parole] PROVIDE supervision [services] for tempo-
 rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION.  The rules and
 regulations for these programs shall not be inconsistent with  the  laws
 for temporary release AND POST-RELEASE SUPERVISION applicable to inmates
 of  state correctional facilities. For the purposes of temporary release
 programs for juvenile offenders only, when referred  to  or  defined  in
 article  twenty-six  of the correction law, "institution" shall mean any
 facility designated by the commissioner of the office  of  children  and
 family  services,  "department"  shall  mean  the office of children and
 family services, "inmate" shall mean a juvenile offender residing in  an
 office  of  children  and  family  services facility, and "commissioner"
 shall mean the [director] COMMISSIONER of the  office  of  children  and
 family  services.  FOR THE PURPOSES OF SUCH POST-RELEASE SUPERVISION FOR
 JUVENILE OFFENDERS UNDER PARAGRAPH  (C)  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION  ONLY,  WHEN  REFERRED  TO  IN SECTION 70.45 OF THE PENAL LAW OR
 ARTICLE  TWELVE-B  OF  THE  EXECUTIVE  LAW,  THE  TERM  "DEPARTMENT   OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION",  "DEPARTMENT",  "DIVISION  OF
 PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE
 OF CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL  MEAN
 THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES. Time spent in office of
 children and family services facilities and in juvenile detention facil-
 ities shall be credited towards the sentence imposed in the same  manner
 and  to  the  same  extent  applicable  to inmates of state correctional
 facilities.
   [8] 7.  Whenever a juvenile offender or a  juvenile  offender  adjudi-
 cated a youthful offender shall be delivered to the director of [a divi-
 sion  for  youth]  AN  OFFICE  OF  CHILDREN AND FAMILY SERVICES facility
 pursuant to a commitment to the [director of  the  division  for  youth]

 S. 2006--A                         125                        A. 3006--A
 
 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.
   § 83. Section 712 of the family court act, as amended by  chapter  920
 of  the  laws of 1982, subdivision (a) as amended by section 7 of part G
 of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter
 465 of the laws of 1992, subdivision (g) as amended by section 2 of part
 B of chapter 3 of the laws of 2005, subdivision (h) as added by  chapter
 7  of the laws of 1999, subdivision (i) as amended and subdivisions (j),
 (k), (l) and (m) as added by chapter 38 of the laws of 2014, is  amended
 to read as follows:
   § 712. Definitions. As used in this article, the following terms shall
 have the following meanings:
   (a) "Person in need of supervision". A person less than eighteen years
 of  age  who does not attend school in accordance with the provisions of
 part one of article sixty-five of the education law or who is incorrigi-
 ble, ungovernable  or  habitually  disobedient  and  beyond  the  lawful
 control of a parent or other person legally responsible for such child's
 care,  or  other  lawful  authority,  or  who violates the provisions of
 section 221.05 or 230.00 of the penal law, or who appears to be a  sexu-
 ally exploited child as defined in paragraph (a), (c) or (d) of subdivi-
 sion  one  of  section four hundred forty-seven-a of the social services
 law, but only if the child consents to the filing of  a  petition  under
 this article.
   (b)  ["Detention". The temporary care and maintenance of children away
 from their own homes as defined in section five hundred two of the exec-
 utive law.
   (c) "Secure detention facility". A  facility  characterized  by  phys-
 ically restricting construction, hardware and procedures.
   (d)  "Non-secure  detention facility". A facility characterized by the
 absence of physically restricting construction, hardware and procedures.
   (e)] "Fact-finding  hearing".  A  hearing  to  determine  whether  the
 respondent did the acts alleged to show that he OR SHE violated a law or
 is  incorrigible,  ungovernable or habitually disobedient and beyond the
 control of his OR HER parents, guardian or legal custodian.
   [(f)] (C) "Dispositional hearing". A hearing to determine whether  the
 respondent requires supervision or treatment.
   [(g)]  (D)  "Aggravated circumstances". Aggravated circumstances shall
 have the same meaning as the definition of such term in subdivision  (j)
 of section one thousand twelve of this act.

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   [(h)]  (E)  "Permanency  hearing".  A  hearing held in accordance with
 paragraph (b) of subdivision two of section seven hundred fifty-four  or
 section  seven  hundred  fifty-six-a  of this article for the purpose of
 reviewing the foster care status of the respondent and the  appropriate-
 ness of the permanency plan developed by the social services official on
 behalf of such respondent.
   [(i)]  (F)  "Diversion  services".   Services provided to children and
 families pursuant to section seven hundred thirty-five of  this  article
 for  the  purpose of avoiding the need to file a petition [or direct the
 detention of the child]. Diversion services shall  include:  efforts  to
 adjust  cases pursuant to this article before a petition is filed, or by
 order of the court, after the petition is filed but before  fact-finding
 is  commenced;  and  preventive  services  provided  in  accordance with
 section four hundred nine-a of the social  services  law  to  avert  the
 placement of the child [into foster care], including crisis intervention
 and  respite  services.    Diversion services may also include, in cases
 where any person is seeking to file a petition  that  alleges  that  the
 child  has a substance use disorder or is in need of immediate detoxifi-
 cation or substance use disorder services, an assessment  for  substance
 use   disorder;   provided,  however,  that  notwithstanding  any  other
 provision of law to the contrary, the designated lead agency  shall  not
 be  required  to pay for all or any portion of the costs of such assess-
 ment or substance use disorder or  detoxification  services,  except  in
 cases  where medical assistance for needy persons may be used to pay for
 all or any portion of the costs of such assessment or services.
   [(j)] (G) "Substance use disorder". The misuse of, dependence  on,  or
 addiction  to  alcohol  and/or legal or illegal drugs leading to effects
 that are detrimental to the person's physical and mental health  or  the
 welfare of others.
   [(k)]  (H)  "Assessment  for  substance use disorder". Assessment by a
 provider that has  been  certified  by  the  office  of  alcoholism  and
 substance  abuse  services  of  a person less than eighteen years of age
 where it is alleged that the youth is suffering  from  a  substance  use
 disorder  which  could  make  a  youth a danger to himself or herself or
 others.
   [(l)] (I) "A substance use disorder which could make a youth a  danger
 to  himself  or  herself  or  others".  A substance use disorder that is
 accompanied by the dependence on, or the repeated use or abuse of, drugs
 or alcohol to the point of intoxication such that the person is in  need
 of immediate detoxification or other substance use disorder services.
   [(m)]  (J)  "Substance  use disorder services". Substance use disorder
 services shall have the same meaning as provided for in section 1.03  of
 the mental hygiene law.
   §  84. The part heading of part 2 of article 7 of the family court act
 is amended to read as follows:
                          CUSTODY [AND DETENTION]
   § 85. 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 PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE
 DIRECTED  UNDER  ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER-
 WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom
 the provisions of this article may apply, shall be detained in any pris-

 S. 2006--A                         127                        A. 3006--A
 
 on, jail, lockup, or other place used for adults convicted of  crime  or
 under arrest and charged with a crime.
   [2.  The detention of a child in a secure detention facility shall not
 be directed under any of the provisions of this article.
   3. Detention of a person alleged to be or adjudicated as a  person  in
 need  of  supervision  shall,  except as provided in subdivision four of
 this section, be authorized only in a foster care program  certified  by
 the  office  of children and family services, or a certified or approved
 family boarding home, or a non-secure detention  facility  certified  by
 the  office  and in accordance with section seven hundred thirty-nine of
 this article. The setting of the detention shall take into  account  (a)
 the  proximity  to  the  community  in which the person alleged to be or
 adjudicated as a person in need of supervision lives with such  person's
 parents or to which such person will be discharged, and (b) the existing
 educational  setting of such person and the proximity of such setting to
 the location of the detention setting.
   4. Whenever detention is authorized and ordered pursuant to this arti-
 cle, for a person alleged to be or adjudicated as a person  in  need  of
 supervision, a family court in a city having a population of one million
 or  more  shall,  notwithstanding  any  other  provision  of law, direct
 detention in a foster care facility established and maintained  pursuant
 to the social services law. In all other respects, the detention of such
 a  person  in  a  foster care facility shall be subject to the identical
 terms and conditions for detention as are set forth in this article  and
 in section two hundred thirty-five of this act.
   5.  (a) The court shall not order or direct detention under this arti-
 cle, unless the court determines that there is no substantial likelihood
 that the youth and his or her  family  will  continue  to  benefit  from
 diversion services and that all available alternatives to detention have
 been exhausted; and
   (b)  Where the youth is sixteen years of age or older, the court shall
 not order or direct detention  under  this  article,  unless  the  court
 determines  and  states in its order that special circumstances exist to
 warrant such detention.
   (c) If the respondent may be a sexually exploited child as defined  in
 subdivision  one  of  section  four  hundred forty-seven-a of the social
 services law, the court may direct the respondent to an available short-
 term safe house as defined in subdivision two of  section  four  hundred
 forty-seven-a   of   the  social  services  law  as  an  alternative  to
 detention.]
   § 86. Section 727 of the family court act is REPEALED.
   § 87. The section heading and subdivisions (c) and (d) of section  728
 of  the family court act, 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, are amended to read as follows:
   Discharge[,] OR release [or detention]  by  judge  after  hearing  and
 before filing of petition in custody cases.
   (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:

 S. 2006--A                         128                        A. 3006--A

   (i) that there is no substantial likelihood that the youth and his  or
 her family will continue to benefit from diversion services and that all
 available alternatives to detention have been exhausted; and
   (ii)  whether  continuation  of the child in the child's home would be
 contrary to the best interests of the child based upon, and limited  to,
 the  facts  and  circumstances available to the court at the time of the
 hearing held in accordance with this section; and
   (iii) where appropriate, whether reasonable efforts were made prior to
 the date of the court hearing that resulted in the detention  order,  to
 prevent  or  eliminate the need for removal of the child from his or her
 home or, if the child had been removed from his or her home prior to the
 court appearance pursuant to this section,  where  appropriate,  whether
 reasonable efforts were made to make it possible for the child to safely
 return home; and
   (iv) whether the setting of the detention takes into account the prox-
 imity  to the community in which the person alleged to be or adjudicated
 as a person in need of supervision lives with such person's  parents  or
 to  which  such  person will be discharged, and the existing educational
 setting of such person and the proximity of such setting to the location
 of the detention setting.]
   § 88. Section 729 of the family court act is REPEALED.
   § 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of
 section 735 of the family court act, subdivision (b) as amended by chap-
 ter 38 of the laws of 2014, paragraph (i) of subdivision (d) as  amended
 by  chapter  535  of  the  laws  of 2011 and subdivision (f) as added by
 section 7 of part E of chapter 57 of the laws of 2005,  are  amended  to
 read as follows:
   (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; 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 INCLUDING WHETHER THE YOUTH AND
 HIS OR HER FAMILY SHOULD BE REFERRED  TO  AN  AVAILABLE  FAMILY  SUPPORT
 CENTER; and
   [(v)]  (VI) determine whether an assessment of the youth for substance
 use disorder by an office of alcoholism  and  substance  abuse  services
 certified provider is necessary when a person seeking to file a petition
 alleges  in  such  petition that the youth is suffering from a substance
 use disorder which could make the youth a danger to himself  or  herself
 or  others.  Provided, however, that notwithstanding any other provision
 of law to the contrary, the designated lead agency shall not be required
 to pay for all or any portion of the costs of such assessment or for any
 substance use disorder or detoxification services, except in cases where
 medical assistance for needy persons may be used to pay for all  or  any
 portion of the costs of such assessment or services. The office of alco-

 S. 2006--A                         129                        A. 3006--A
 
 holism  and  substance abuse services shall make a list of its certified
 providers available to the designated lead agency.
   (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.
   (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.
   §  90.  Section 739 of the family court act, as amended by chapter 920
 of the laws of 1982, subdivision (a) as amended by section 10 of part  G
 of  chapter  58 of the laws of 2010, subdivision (c) as added by chapter
 145 of the laws of 2000, is amended to read as follows:
   § 739. Release or [detention] REFERRAL after filing  of  petition  and
 prior  to  order  of  disposition.  [(a)] After the filing of a petition
 under section seven hundred thirty-two of this part, the  court  in  its
 discretion  may release the respondent [or direct his or her detention].
 If the respondent may be a sexually exploited child as defined in subdi-
 vision one of section four hundred forty-seven-a of the social  services
 law, the court may direct the respondent to an available short-term safe
 house  [as  an  alternative  to  detention. However, the court shall not
 direct detention unless it finds and states the facts and reasons for so
 finding that unless the respondent is detained there  is  a  substantial
 probability  that  the respondent will not appear in court on the return
 date and all available alternatives to detention have been exhausted.
   (b) Unless the respondent waives a determination that  probable  cause
 exists  to  believe  that  he  is  a  person  in need of supervision, no
 detention under this section may last more than three  days  (i)  unless
 the  court  finds, pursuant to the evidentiary standards applicable to a
 hearing on a felony complaint in a criminal court,  that  such  probable
 cause exists, or (ii) unless special circumstances exist, in which cases
 such  detention  may  be extended not more than an additional three days
 exclusive of Saturdays, Sundays and public holidays.
   (c) Upon a finding of facts and  reasons  which  support  a  detention
 order  pursuant to subdivision (a) of this section, the court shall also
 determine and state in any order directing detention:
   (i) whether continuation of the respondent in  the  respondent's  home
 would  be  contrary  to the best interests of the respondent based upon,
 and limited to, the facts and circumstance available to the court at the
 time of the court's determination in accordance with this section; and
   (ii) where appropriate, whether reasonable efforts were made prior  to
 the  date of the court order directing detention in accordance with this
 section, to prevent or eliminate the need for removal of the  respondent

 S. 2006--A                         130                        A. 3006--A

 from  his or her home or, if the respondent had been removed from his or
 her home prior to the court appearance pursuant to this  section,  where
 appropriate,  whether  reasonable  efforts were made to make it possible
 for the respondent to safely return home].
   §  91.  Section 741-a of the family court act, as amended by section 3
 of part B of chapter 327 of the laws of 2007,  is  amended  to  read  as
 follows:
   §  741-a.  Notice  and right to be heard. The foster parent caring for
 [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION
 SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any  pre-adoptive  parent  or
 relative providing care for the respondent shall be provided with notice
 of  any  permanency  hearing held pursuant to this article by the social
 services official. Such foster parent, pre-adoptive parent  or  relative
 shall have the right to be heard at any such hearing; provided, however,
 no  such  foster  parent,  pre-adoptive  parent  or  relative  shall  be
 construed to be a party to the hearing  solely  on  the  basis  of  such
 notice  and  right to be heard. The failure of the foster parent, pre-a-
 doptive parent, or relative caring for the child to appear at a  perman-
 ency hearing shall constitute a waiver of the right to be heard and such
 failure  to appear shall not cause a delay of the permanency hearing nor
 shall such failure to appear be a ground for  the  invalidation  of  any
 order issued by the court pursuant to this section.
   § 92. Section 747 of the family court act is REPEALED.
   § 93. Section 748 of the family court act is REPEALED.
   §  94.  Subdivision  (b)  of  section  749 of the family court act, as
 amended by chapter 806 of the laws  of  1973,  is  amended  to  read  as
 follows:
   (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
 conclusion of a fact-finding hearing or during a  dispositional  hearing
 to  enable  it  to  make  inquiry  into the surroundings, conditions and
 capacities of the respondent. An [adjournment on the court's motion  may
 not be for a period of more than ten days if the respondent is detained,
 in  which  case  not  more  than a total of two such adjournments may be
 granted in the absence of special circumstances. If  the  respondent  is
 not  detained,  an]  adjournment  may  be for a reasonable time, but the
 total number of adjourned days may not exceed two months.
   § 95. Paragraph (a) of subdivision 2 of  section  754  of  the  family
 court  act,  as  amended  by chapter 7 of the laws of 1999, subparagraph
 (ii) of paragraph (a) as amended by section 20 of part L of  chapter  56
 of the laws of 2015, is amended to read as follows:
   (a)  The  order  shall  state  the  court's reasons for the particular
 disposition. If the court places the child in  accordance  with  section
 seven  hundred  fifty-six  of  this  part,  the court in its order shall
 determine: (i) whether continuation in the child's home would be contra-
 ry to the best interest of the child and where appropriate, that reason-
 able efforts were made prior to the date of  the  dispositional  hearing
 held  pursuant  to  this  article  to  prevent or eliminate the need for
 removal of the child from his or her home and, if the child was  removed
 from  his  or  her  home  prior  to  the date of such hearing, that such
 removal was in the child's best interest and, where appropriate, reason-
 able efforts were made to make it possible for the child to return safe-
 ly home. If the court determines that reasonable efforts to  prevent  or
 eliminate  the need for removal of the child from the home were not made
 but that the lack of such efforts  was  appropriate  under  the  circum-
 stances,  the  court order shall include such a finding; and (ii) in the
 case of a child who has attained the age of fourteen, the services need-

 S. 2006--A                         131                        A. 3006--A
 
 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.]
   §  96.  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] IF THE COURT FINDS THAT THE  RESPOND-
 ENT  IS  A  SEXUALLY  EXPLOITED  CHILD  AS DEFINED IN SUBDIVISION ONE OF
 SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT
 MAY PLACE THE CHILD with the commissioner of the local  social  services
 district[, the court] AND may direct the commissioner to place the child
 with  an  authorized agency or class of authorized agencies, including[,
 if the court finds that the respondent is a sexually exploited child  as
 defined  in subdivision one of section four hundred forty-seven-a of the
 social services law,] an available  long-term  safe  house.  Unless  the
 dispositional  order  provides  otherwise,  the court so directing shall
 include one of the following alternatives to apply in the event that the
 commissioner is unable to so place the child:
   (1) the commissioner shall apply to the court for an  order  to  stay,
 modify,  set  aside, or vacate such directive pursuant to the provisions
 of section seven hundred sixty-two or seven hundred sixty-three; or
   (2) the commissioner shall return the child to the family court for  a
 new dispositional hearing and order.
   (b)  Placements  under  this  section  may be for an initial period of
 twelve months. The court may extend  a  placement  pursuant  to  section
 seven  hundred  fifty-six-a.  In its discretion, the court may recommend
 restitution or require services for  public  good  pursuant  to  section
 seven  hundred  fifty-eight-a in conjunction with an order of placement.
 For the purposes of calculating the initial period  of  placement,  such
 placement  shall  be  deemed to have commenced sixty days after the date
 the child was removed from his  or  her  home  in  accordance  with  the
 provisions  of  this  article.  [If the respondent has been in detention
 pending disposition, the initial period of placement ordered under  this
 section  shall  be  credited  with  and diminished by the amount of time
 spent by the respondent in detention prior to the  commencement  of  the
 placement  unless  the court finds that all or part of such credit would
 not serve the best interests of the respondent.
   (c) A placement pursuant to this  section  with  the  commissioner  of
 social services shall not be directed in any detention facility, but the
 court  may  direct  detention pending transfer to a placement authorized
 and ordered under this section for no more than than fifteen days  after
 such  order  of  placement  is  made. Such direction shall be subject to
 extension pursuant to subdivision three of section three  hundred  nine-
 ty-eight  of  the social services law, upon written documentation to the
 office of children and family services that the  youth  is  in  need  of
 specialized  treatment  or  placement  and  the  diligent efforts by the
 commissioner of social services to locate an appropriate placement.]

 S. 2006--A                         132                        A. 3006--A
 
   § 97. 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
 replacement or damage, either in a lump sum or in periodic  payments  in
 amounts set by the court; and/or
   (b)  order  as a condition of placement, probation, or suspended judg-
 ment, services for the public good including in  the  case  of  a  crime
 involving  willful, malicious, or unlawful damage or destruction to real
 or personal property maintained as a cemetery plot, grave, burial place,
 or other place of interment of human remains, services for  the  mainte-
 nance and repair thereof, taking into consideration the age and physical
 condition of the [infant] CHILD.
   2.  [If  the court recommends restitution or requires services for the
 public good in conjunction  with  an  order  of  placement  pursuant  to
 section  seven hundred fifty-six, the placement shall be made only to an
 authorized agency which has adopted rules and regulations for the super-
 vision of such a program, which rules and regulations shall  be  subject
 to  the  approval of the state department of social services. Such rules
 and regulations shall include, but not  be  limited  to  provisions  (i)
 assuring  that  the conditions of work, including wages, meet the stand-
 ards therefor prescribed pursuant  to  the  labor  law;  (ii)  affording
 coverage to the child under the workers' compensation law as an employee
 of such agency, department or institution; (iii) assuring that the enti-
 ty  receiving  such  services  shall not utilize the same to replace its
 regular employees; and (iv) providing for reports to the court not  less
 frequently than every six months, unless the order provides otherwise.
   3.]  If the court requires restitution or services for the public good
 [as a condition of probation or suspended judgment],  it  shall  provide
 that  an agency or person supervise the restitution or services and that
 such agency or person report to the court not less frequently than every
 six months, unless the order provides otherwise. Upon the written notice
 sent by a school district to the court  and  the  appropriate  probation
 department  or agency which submits probation recommendations or reports
 to the court, the court may provide  that  such  school  district  shall
 supervise the performance of services for the public good.
   [4.]  3. The court, upon receipt of the reports provided for in subdi-
 vision two [or three] of this section may, on  its  own  motion  or  the
 motion  of  any party or the agency, hold a hearing to determine whether
 the [placement] CONDITION should be altered or modified.

 S. 2006--A                         133                        A. 3006--A
 
   § 98. Section 774 of the family  court  act  is  amended  to  read  as
 follows:
   § 774. Action on petition for transfer.  On receiving a petition under
 section  seven  hundred  seventy-three,  the  court  may  proceed  under
 sections seven hundred thirty-seven, seven hundred thirty-eight or seven
 hundred thirty-nine with respect to the issuance of a summons or warrant
 [and sections seven hundred twenty-seven and seven  hundred  twenty-nine
 govern  questions  of  detention and failure to comply with a promise to
 appear]. Due notice of the petition and a copy  of  the  petition  shall
 also  be  served  personally  or by mail upon the office of the locality
 chargeable for the support of the person involved and  upon  the  person
 involved and his OR HER parents and other persons.
   §  98-a.  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  CHILDREN
 AND  FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING ADJUDICATED
 A PERSON IN NEED OF SUPERVISION AND HELP PREVENT THE OUT OF HOME  PLACE-
 MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING  COGNITIVE  INTER-
 VENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES;
   (G) EDUCATION ADVOCACY; AND
   (H) OTHER FAMILY SUPPORT SERVICES.
   3.  THE  SERVICES THAT ARE PROVIDED SHALL BE TRAUMA RESPONSIVE, FAMILY
 FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS
 BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED 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 AND WEEKENDS.
   § 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE
 AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 SHALL  DISTRIBUTE  FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS
 TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE  FAMILY  SUPPORT
 CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC
 PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE.
   2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, WHEN
 DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO  THIS
 SUBDIVISION,  THE  OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE
 NOT NECESSARILY LIMITED TO:

 S. 2006--A                         134                        A. 3006--A
 
   (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE  AMOUNT  OF  FUNDING
 REQUIRED  FOR  FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN
 SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE;
   (B)  RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY
 INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
   (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT  TO  PREVENT  OR
 REDUCE  DETENTION  OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT; AND
   (II)  RELATIVE  TO  THE  YOUTH  POPULATION  OF  SUCH  SOCIAL  SERVICES
 DISTRICT:
   (1)  THE  NUMBER  OF  PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE
 FAMILY COURT ACT; OR
   (2) THE NUMBER  OF  PLACEMENTS  OF  YOUTH  INTO  RESIDENTIAL  CARE  OR
 DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT;
   (C)  ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT
 TO SUBDIVISION THREE  OF  THIS  SECTION  FOR  PROGRAMS  THAT  PREVIOUSLY
 RECEIVED FUNDING PURSUANT TO THIS TITLE; OR
   (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE.
   3.  SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
 REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  THE  FORM  AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   § 98-b. Subdivisions 3, 3-a, 11 and 12 of section 398  of  the  social
 services  law,  subdivision  3  as amended by chapter 419 of the laws of
 1987, paragraph (c) of subdivision 3 as amended by section 19 of part  E
 of chapter 57 of the laws of 2005, subdivision 3-a as added by section 1
 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11
 as  added  by  chapter  514  of  the  laws of 1976 and subdivision 12 as
 amended by section 12 of subpart B of part Q of chapter 58 of  the  laws
 of 2011, are amended to read as follows:
   3. As to delinquent children [and persons in need of supervision]:
   (a) Investigate complaints as to alleged delinquency of a child.
   (b)  Bring  such case of alleged delinquency when necessary before the
 family court.
   (c) Receive within fifteen days from  the  order  of  placement  as  a
 public  charge  any  delinquent  child committed or placed [or person in
 need of supervision placed] in his or  her  care  by  the  family  court
 provided, however, that the commissioner of the social services district
 with whom the child is placed may apply to the state commissioner or his
 or her designee for approval of an additional fifteen days, upon written
 documentation  to  the  office  of children and family services that the
 youth is in need of specialized treatment or placement and the  diligent
 efforts  by the commissioner of social services to locate an appropriate
 placement.
   [3-a. As to delinquent children:
   (a)] (D) (1) Conditionally release any juvenile delinquent placed with
 the district to aftercare whenever the district  determines  conditional
 release to be consistent with the needs and best interests of such juve-
 nile delinquent, that suitable care and supervision can be provided, and
 that there is a reasonable probability that such juvenile delinquent can
 be  conditionally  released without endangering public safety; provided,
 however, that such conditional release shall be made in accordance  with
 the  regulations  of  the  office  of  children and family services, and
 provided further that no juvenile delinquent while absent from a facili-
 ty or program without the consent of the director of  such  facility  or

 S. 2006--A                         135                        A. 3006--A

 program shall be conditionally released by the district solely by reason
 of the absence.
   (2) It shall be a condition of such release that a juvenile delinquent
 so  released  shall  continue  to  be  the  responsibility of the social
 services district for the period provided in the order of placement.
   (3) The social services district may provide  clothing,  services  and
 other necessities for any conditionally released juvenile delinquent, as
 may  be  required,  including  medical care and services not provided to
 such juvenile delinquent as medical assistance for needy persons  pursu-
 ant to title eleven of article five of this chapter.
   (4)  The  social services district, pursuant to the regulations of the
 office of children and family services, may cause a juvenile  delinquent
 to be returned to a facility operated and maintained by the district, or
 an authorized agency under contract with the district, at any time with-
 in the period of placement, where there is a violation of the conditions
 of release or a change of circumstances.
   (5)  Juvenile  delinquents conditionally released by a social services
 district may be provided for as follows:
   (i) If, in the opinion of the social services district,  there  is  no
 suitable  parent, relative or guardian to whom a juvenile delinquent can
 be  conditionally  released,  and  suitable  care  cannot  otherwise  be
 secured, the district may conditionally release such juvenile delinquent
 to the care of any other suitable person; provided that where such suit-
 able  person  has  no legal relationship with the juvenile, the district
 shall advise such person of the  procedures  for  obtaining  custody  or
 guardianship of the juvenile.
   (ii)  If  a  conditionally  released juvenile delinquent is subject to
 article sixty-five of the education law or elects to participate  in  an
 educational program leading to a high school diploma, he or she shall be
 enrolled  in  a  school  or educational program leading to a high school
 diploma following release, or, if such release occurs during the  summer
 recess,  upon  the  commencement  of  the  next school term. If a condi-
 tionally released juvenile delinquent is not subject to  article  sixty-
 five  of  the  education  law,  and  does not elect to participate in an
 educational program leading to a high school  diploma,  steps  shall  be
 taken,  to the extent possible, to facilitate his or her gainful employ-
 ment or enrollment in a vocational program following release.
   [(b)] (E) When a juvenile delinquent placed with the  social  services
 district  is  absent  from placement without consent, such absence shall
 interrupt the calculation of time for his or her placement. Such  inter-
 ruption  shall  continue  until  such juvenile delinquent returns to the
 facility or authorized agency in which he or she was  placed.  Provided,
 however,  that  any  time spent by a juvenile delinquent in custody from
 the date of absence to the date  placement  resumes  shall  be  credited
 against the time of such placement provided that such custody:
   (1) was due to an arrest or surrender based upon the absence; or
   (2)  arose from an arrest or surrender on another charge which did not
 culminate in a conviction, adjudication or adjustment.
   [(c)] (F) In addition to the other requirements of  this  section,  no
 juvenile  delinquent placed with a social services district operating an
 approved juvenile justice services close to home initiative pursuant  to
 section  four  hundred  four  of  this chapter pursuant to a restrictive
 placement under the family court act shall be released  except  pursuant
 to section 353.5 of the family court act.
   11.  In  the  case  of a child who is adjudicated [a person in need of
 supervision or] a juvenile delinquent and is placed by the family  court

 S. 2006--A                         136                        A. 3006--A
 
 with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
 who is placed by [the division for youth] SUCH OFFICE with an authorized
 agency  pursuant to court order, the social services official shall make
 expenditures  in  accordance  with the regulations of the department for
 the care and maintenance of such child during the term of such placement
 subject to state reimbursement pursuant to SECTION  ONE  HUNDRED  FIFTY-
 THREE-K  OF  this  [title, or article nineteen-G of the executive law in
 applicable cases] ARTICLE.
   12. A social services official shall be  permitted  to  place  persons
 adjudicated [in need of supervision or] delinquent[, and alleged persons
 to  be in need of supervision] in detention pending transfer to a place-
 ment, in the same foster care facilities as are providing care to desti-
 tute, neglected, abused or abandoned children. Such foster care  facili-
 ties  shall not provide care to a youth in the care of a social services
 official as a convicted juvenile offender.
   § 98-c. 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] ARTI-
 CLE and the social  services  district's  child  welfare  services  plan
 submitted  and  approved pursuant to section four hundred nine-d of this
 [chapter] ARTICLE, upon a finding by such official that [(i)] the  child
 will  be  placed,  returned  to  or continued in foster care unless such
 services are provided and that it  is  reasonable  to  believe  that  by
 providing  such  services  the  child  will be able to remain with or be
 returned to his or her family, and for a former foster care youth  under
 the  age of twenty-one who was previously placed in the care and custody
 or custody and guardianship of the local commissioner of social services
 or other officer, board or department authorized to receive children  as
 public  charges where it is reasonable to believe that by providing such
 services the former foster care youth will avoid a return to foster care
 [or (ii) the child is the subject of a petition under article  seven  of
 the  family  court act, or has been determined by the assessment service
 established pursuant to section two hundred forty-three-a of the  execu-
 tive  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  peti-
 tion,  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] ARTICLE.  The commissioner
 shall promulgate regulations to  assist  social  services  officials  in
 making  determinations  of  eligibility for mandated preventive services
 pursuant to this [subparagraph] PARAGRAPH.
   § 99. Subdivision 1,  the  opening  paragraph  of  subdivision  2  and
 subparagraphs (i) and (iii) of paragraph (a) of subdivision 3 of section
 529-b of the executive law, as added by section 3 of subpart B of part Q
 of chapter 58 of the laws of 2011, are amended to read as follows:
   1.  (a) Notwithstanding any provision of law to the contrary, eligible
 expenditures by an eligible municipality for services to divert youth at
 risk of, alleged to be,  or  adjudicated  as  juvenile  delinquents  [or
 persons  alleged  or adjudicated to be in need of supervision], or youth
 alleged to be or convicted  as  juvenile  offenders  from  placement  in

 S. 2006--A                         137                        A. 3006--A
 
 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
 residential care with the municipality, the municipality's reduction  in
 the  use  of  detention and residential placements, and other factors as
 determined by the office. Such plan developed by  the  office  shall  be
 subject  to  the  approval  of the director of the budget. The office is
 authorized, in its discretion, to make advance distributions to a  muni-
 cipality in anticipation of state reimbursement.
   As  used in this section, the term "municipality" shall mean a county,
 or a city having a population of one million or more,  and  "supervision
 and   treatment  services  for  juveniles"  shall  mean  community-based
 services or programs designed to safely maintain youth in the  community
 pending  a  family court disposition or conviction in criminal court and
 services or programs provided to youth adjudicated  as  juvenile  delin-
 quents [or persons in need of supervision,] or youth alleged to be juve-
 nile  offenders  to  prevent  residential  placement  of such youth or a
 return to placement where such youth have been released to the community
 from residential placement OR PROGRAMS  PROVIDED  TO  YOUTH  ADJUDICATED
 PERSONS  IN  NEED  OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
 Supervision and treatment services for juveniles may include but are not
 limited to services or programs that:
   (i) an analysis that identifies the neighborhoods or communities  from
 which  the  greatest number of juvenile delinquents [and persons in need
 of supervision] are remanded to detention or  residentially  placed  AND
 FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
 ARE OFFERED DIVERSION SERVICES;
   (iii)  a  description  of  how  the services and programs proposed for
 funding will reduce the number of youth from the  municipality  who  are
 detained  and  residentially  OR OTHERWISE placed; how such services and
 programs are family-focused; and whether such services and programs  are
 capable of being replicated across multiple sites;
   §  100.  The  opening paragraph and paragraph (a) of subdivision 2 and
 subdivisions 4, 5, 6 and 7 of section 530  of  the  executive  law,  the
 opening  paragraph  of  subdivision  2  and  subdivision 4 as amended by
 section 4 of subpart B of part Q of chapter 58  of  the  laws  of  2011,
 paragraph  (a)  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, subparagraphs 1, 2 and 4 of paragraph (a) and para-
 graph  (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

 S. 2006--A                         138                        A. 3006--A
 
 subpart  B  of  part Q of chapter 58 of the laws of 2011, are amended to
 read as follows:
   [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] SECTION 305.2 of the family
 court act and certified by [the division for youth] OFFICE  OF  CHILDREN
 AND  FAMILY SERVICES, shall be subject to reimbursement by the state, as
 follows:
   (a) Notwithstanding any provision of law  to  the  contrary,  eligible
 expenditures  by a municipality during a particular program year for the
 care, maintenance and supervision [in foster care programs certified  by
 the office of children and family services, certified or approved family
 boarding  homes,  and  non-secure  detention facilities certified by the
 office for those youth alleged to be persons in need of  supervision  or
 adjudicated  persons  in  need of supervision held pending transfer to a
 facility upon placement; and] in secure and non-secure detention facili-
 ties certified by the office in accordance  with  section  five  hundred
 three  of  this  article  for  those youth alleged to be juvenile delin-
 quents; adjudicated juvenile delinquents  held  pending  transfer  to  a
 facility upon placement, and juvenile delinquents held at the request of
 the  office  of children and family services pending extension of place-
 ment hearings or release revocation hearings or while awaiting  disposi-
 tion  of such hearings; and youth alleged to be or convicted as juvenile
 offenders AND, PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  YOUTH
 ALLEGED  TO  BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED PERSONS IN
 NEED OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY  UPON  PLACEMENT
 IN  FOSTER  CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING  HOMES,  AND  NON-SECURE
 DETENTION  FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state
 reimbursement for up to fifty percent  of  the  municipality's  expendi-
 tures,  exclusive of any federal funds made available for such purposes,
 not to exceed the municipality's distribution from funds that have  been
 appropriated specifically therefor for that program year. Municipalities
 shall  implement  the  use of detention risk assessment instruments in a
 manner prescribed by the office so as  to  inform  detention  decisions.
 Notwithstanding  any  other provision of state law to the contrary, data
 necessary for completion of a detention risk assessment  instrument  may
 be  shared  among law enforcement, probation, courts, detention adminis-
 trators, detention providers,  and  the  attorney  for  the  child  upon
 retention  or appointment; solely for the purpose of accurate completion
 of such  risk  assessment  instrument,  and  a  copy  of  the  completed
 detention  risk  assessment  instrument  shall  be made available to the
 applicable detention provider, the attorney for the child and the court.
   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-

 S. 2006--A                         139                        A. 3006--A
 
 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]
 SEVENTEEN YEARS OF AGE; or[,]
   (1-A) COMMENCING ON JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  TEMPORARY
 CARE,  MAINTENANCE,  AND SUPERVISION PROVIDED TO ALLEGED JUVENILE DELIN-
 QUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF  CHILDREN  AND
 FAMILY  SERVICES,  PENDING  ADJUDICATION  OF  ALLEGED DELINQUENCY BY THE
 FAMILY COURT, OR PENDING TRANSFER TO INSTITUTIONS TO WHICH COMMITTED  OR
 PLACED  BY  SUCH COURT OR WHILE AWAITING DISPOSITION BY SUCH COURT AFTER
 ADJUDICATION OR HELD PURSUANT TO A SECURING ORDER OF A CRIMINAL COURT IF
 THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; OR
   (2) temporary care,  maintenance  and  supervision  provided  juvenile
 delinquents  in  approved  detention  facilities  at  the request of the
 office of children and family services pending release revocation  hear-
 ings or while awaiting disposition after such hearings; or
   (3)  temporary care, maintenance and supervision in approved detention
 facilities for youth held pursuant to the family court act or the inter-
 state compact on juveniles, pending return to their place  of  residence
 or domicile[.]; OR
   (4) PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY, temporary care, main-
 tenance  and  supervision provided youth detained in foster care facili-
 ties 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.

 S. 2006--A                         140                        A. 3006--A
 
   7. The agency administering detention for each county and the city  of
 New  York shall submit to the office of children and family services, at
 such times and in such form and manner and containing  such  information
 as  required  by  the  office of children and family services, an annual
 report on youth remanded pursuant to article three or seven of the fami-
 ly  court  act  who  are  detained  during each calendar year including,
 commencing January first, two thousand twelve, the risk  level  of  each
 detained  youth  as  assessed  by a detention risk assessment instrument
 approved by the office of children and family services PROVIDED,  HOWEV-
 ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND THER-
 EAFTER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE
 SUBJECT  TO  ARTICLE  SEVEN  OF  THE  FAMILY COURT ACT.   The office may
 require that such data on detention use be submitted to the office elec-
 tronically. Such report shall include, but not be limited to, the reason
 for the court's determination in accordance with section 320.5 or  seven
 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.
   § 100-a. Subparagraph 1 of paragraph d of  subdivision  3  of  section
 3214  of  the  education  law,  as amended by chapter 425 of the laws of
 2002, is amended to read as follows:
   (1) Consistent with the  federal  gun-free  schools  act,  any  public
 school  pupil who is determined under this subdivision to have brought a
 firearm to or possessed a firearm at a public school shall be  suspended
 for a period of not less than one calendar year and any nonpublic school
 pupil  participating  in  a program operated by a public school district
 using funds from the elementary and secondary education act of  nineteen
 hundred  sixty-five  who  is  determined  under this subdivision to have
 brought a firearm to or possessed a firearm at a public school or  other
 premises  used  by the school district to provide such programs shall be
 suspended for a period of not less than one calendar year  from  partic-
 ipation  in such program. The procedures of this subdivision shall apply
 to such a suspension of a nonpublic school pupil.  A  superintendent  of
 schools,  district superintendent of schools or community superintendent
 shall have the authority to modify this suspension requirement for  each
 student  on  a case-by-case basis. The determination of a superintendent
 shall be subject to review by the board of education pursuant  to  para-
 graph  c  of  this  subdivision and the commissioner pursuant to section
 three hundred ten of this chapter. Nothing in this subdivision shall  be
 deemed  to  authorize  the  suspension of a student with a disability in
 violation of the individuals with disabilities education act or  article
 eighty-nine  of  this  chapter.  A  superintendent shall refer the pupil
 under the age of sixteen who has been determined to have brought a weap-
 on or firearm to school in violation of this subdivision to  a  present-
 ment  agency for a juvenile delinquency proceeding consistent with arti-
 cle three of the family court act except a student fourteen  or  fifteen
 years  of  age who qualifies for juvenile offender status under subdivi-
 sion forty-two of section 1.20 of the criminal procedure  law;  PROVIDED
 HOWEVER,  THAT  COMMENCING  ON  JANUARY  FIRST, TWO THOUSAND NINETEEN, A
 SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN WHO  HAS
 BEEN  DETERMINED  TO  HAVE  BROUGHT  A  WEAPON  OR  FIREARM TO SCHOOL IN
 VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE
 DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
 ACT  EXCEPT  A  STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER

 S. 2006--A                         141                        A. 3006--A
 
 SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
 PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND  TWENTY,
 A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF EIGHTEEN WHO HAS
 BEEN  DETERMINED  TO  HAVE  BROUGHT  A  WEAPON  OR  FIREARM TO SCHOOL IN
 VIOLATION OF THIS SUBDIVISION TO A PRESENTMENT  AGENCY  FOR  A  JUVENILE
 DELINQUENCY PROCEEDING CONSISTENT WITH ARTICLE THREE OF THE FAMILY COURT
 ACT  EXCEPT  A  STUDENT WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER
 SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW.  A
 superintendent  shall refer any pupil sixteen years of age or older or a
 student fourteen or fifteen years of  age  who  qualifies  for  juvenile
 offender status under subdivision forty-two of section 1.20 of the crim-
 inal  procedure law, who has been determined to have brought a weapon or
 firearm to school in violation of this subdivision  to  the  appropriate
 law enforcement officials.
   § 100-b. 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 OR COMMENCING JANUARY FIRST, TWO
 THOUSAND TWENTY, UNDER EIGHTEEN YEARS OF  AGE  ordered  to  attend  upon
 instruction  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.
   §  101.  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) A DEFENDANT SIXTEEN YEARS OF AGE  OR  YOUNGER,  WHO  ALLEGEDLY
 COMMITS  A  CRIMINAL  ACT  OR  VIOLATION OF HIS OR HER SUPERVISION ON OR
 AFTER JANUARY FIRST, TWO THOUSAND NINETEEN OR (B) A DEFENDANT  SEVENTEEN
 YEARS  OF  AGE  OR  YOUNGER  WHO  ALLEGEDLY  COMMITS  A  CRIMINAL ACT OR
 VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY.
   § 102. Subdivision 4 of section 246 of the executive law,  as  amended
 by section 10 of part D of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4.    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

 S. 2006--A                         142                        A. 3006--A
 
 ARTICLE  THREE OF THE FAMILY COURT ACT. The administration of such addi-
 tional grants shall be made according to rules and  regulations  promul-
 gated  by the commissioner of the division of criminal justice services.
 Each  county  and  the  city  of New York shall certify the total amount
 collected pursuant to section two hundred fifty-seven-c of this chapter.
 The commissioner of the division  of  criminal  justice  services  shall
 thereupon  certify  to  the  comptroller for payment by the state out of
 funds appropriated for that purpose, the amount to which the  county  or
 the  city  of New York shall be entitled under this section. THE COMMIS-
 SIONER 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  THE CRIMINAL PROCEDURE LAW.  SUCH ADDITIONAL STATE
 AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY ONE HUNDRED  PERCENT  OF
 THE  EXPENDITURES  FOR  EVIDENCE-BASED  PRACTICES  AND JUVENILE RISK AND
 EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH SIXTEEN YEARS  OF
 AGE  OR  OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED
 ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
   § 103. 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 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 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.    THE  COMMISSIONER
 SHALL  GRANT  ADDITIONAL  STATE  AID  FROM AN APPROPRIATION DEDICATED TO
 JUVENILE RISK INTERVENTION SERVICES COORDINATION  BY  PROBATION  DEPART-
 MENTS  WHICH  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PROBATION SERVICES
 PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT  ACT.    THE  ADMINIS-
 TRATION  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  THEREUPON CERTIFY TO THE COMPTROLLER FOR PAYMENT BY THE
 STATE OUT OF FUNDS APPROPRIATED FOR THAT PURPOSE, THE  AMOUNT  TO  WHICH
 THE COUNTY OR THE CITY OF NEW YORK SHALL BE ENTITLED UNDER THIS SECTION.
 THE  COMMISSIONER  SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR
 SUCH PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR
 A CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
 ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART
 IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW.
   § 104. The state finance law is amended by adding a new  section  54-m
 to read as follows:
   §  54-M. WAIVER OF LOCAL SHARE REQUIREMENTS ASSOCIATED WITH INCREASING
 THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS. 1.   NOTWITHSTAND-

 S. 2006--A                         143                        A. 3006--A
 
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY THAT IS SUBJECT
 TO  SECTION  THREE-C  OF  THE GENERAL MUNICIPAL LAW MAY APPLY TO THE NEW
 YORK STATE DIVISION OF BUDGET TO REQUEST A WAIVER  OF  THE  LOCAL  SHARE
 REQUIREMENT  OF  ANY  EXPENSE  THAT IT WOULD NOT HAVE OTHERWISE INCURRED
 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.
   2.  REQUEST FOR A WAIVER PURSUANT TO THIS SECTION SHALL BE MADE IN THE
 TIME AND MANNER AS REQUIRED BY THE DIVISION OF BUDGET, AND MUST CONTAIN,
 AT MINIMUM:
   (A) A DEMONSTRATION OF FISCAL HARDSHIP;
   (B) A CERTIFICATION FROM THE CHIEF EXECUTIVE OFFICER OR BUDGET OFFICER
 OF SUCH COUNTY TO THE STATE  BUDGET  DIRECTOR  THAT  THE  COUNTY'S  MOST
 RECENTLY ADOPTED BUDGET DOES NOT EXCEED THE TAX LEVY LIMIT PRESCRIBED IN
 SECTION  THREE-C OF THE GENERAL MUNICIPAL LAW AND, IF THE GOVERNING BODY
 OF THE COUNTY DID ENACT A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT, THAT
 SUCH LOCAL LAW WAS SUBSEQUENTLY REPEALED; SUCH  CERTIFICATION  SHALL  BE
 MADE IN A FORM AND MANNER PRESCRIBED BY THE STATE BUDGET DIRECTOR;
   (C)  A  PLAN  DEVELOPED  BY  THE COUNTY THAT SHOWS HOW THE COUNTY WILL
 APPROPRIATELY IMPLEMENT THE REQUIREMENTS OF THE CHAPTER OF THE  LAWS  OF
 TWO  THOUSAND  SEVENTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION
 ABOVE FIFTEEN YEARS OF AGE;
   (D) THE SPECIFIC EXPENSES AND ASSOCIATED LOCAL SHARE OF SUCH  EXPENSES
 THAT THE COUNTY IS SEEKING A WAIVER FOR; AND
   (E)  ANY  OTHER  INFORMATION  THAT  MAY BE REQUIRED BY THE DIVISION OF
 BUDGET.
   3. IN DECIDING WHETHER TO GRANT APPROVAL  OF  A  WAIVER  REQUEST  MADE
 PURSUANT  TO THIS SECTION, THE DIVISION OF BUDGET SHALL CONSULT WITH THE
 APPLICABLE STATE AGENCY OR AGENCIES THAT OVERSEE THE SERVICES FOR  WHICH
 THE COUNTY IS SEEKING A WAIVER OF ITS LOCAL SHARE.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ANY
 STATE ASSISTANCE GRANTED IN ASSOCIATION WITH A WAIVER ISSUED PURSUANT TO
 THIS SECTION SHALL BE SUBJECT TO AN APPROPRIATION AND SHALL ONLY BE MADE
 TO THE EXTENT THAT FUNDS ARE AVAILABLE SPECIFICALLY THEREFOR.
   § 105. Severability. If any clause, sentence, paragraph,  subdivision,
 section  or  part contained in any part of this act shall be adjudged by
 any court of competent jurisdiction to be invalid, such  judgment  shall
 not  affect,  impair,  or invalidate the remainder thereof, but shall be
 confined in its operation to the clause, sentence,  paragraph,  subdivi-
 sion, section or part contained in any part thereof directly involved in
 the  controversy  in which such judgment shall have been rendered. It is
 hereby declared to be the intent of the legislature that this act  would
 have  been enacted even if such invalid provisions had not been included
 herein.
   § 106. This act shall take effect immediately; provided that:
   a. sections forty-eight and  forty-eight-a  of  this  act  shall  take
 effect  on  the  one hundred and eightieth day after this act shall have
 become a law and shall be deemed to apply to  offenses  committed  prior
 to, on, or after such effective date;
   b.  sections  one  through  forty-one, forty-four through forty-seven,
 forty-nine, fifty-four through seventy-two, seventy-four through eighty,
 one hundred-a, one hundred-b and one hundred one of this act shall  take
 effect  January  1, 2019; provided, however, that when the applicability
 of such provision is dependent on the age of the youth that  is  alleged
 or  adjudicated  to have been committed or is convicted of a crime or an
 act that would constitute a crime if committed by an adult:

 S. 2006--A                         144                        A. 3006--A
 
   (i) effective January 1, 2019, such  provisions  shall  be  deemed  to
 apply to youth who have been alleged to have committed, adjudicated for,
 or  convicted  of,  an  offense that occurred on or after such effective
 date and who were 16 years of age at the time the offense occurred, and
   (ii)  effective  January  1,  2020, such provisions shall be deemed to
 apply to youth who have been alleged to have committed, adjudicated for,
 or convicted of, an offense that occurred on  or  after  such  effective
 date  and  who  were  seventeen  years  of  age at the time such offense
 occurred;
   c. sections ninety-eight-a and one hundred two and  one  hundred  four
 shall take effect April 1, 2018;
   d.  sections  eighty-three  through  ninety-eight and sections ninety-
 eight-b through one hundred of this act shall  take  effect  January  1,
 2020  and shall be deemed to be applicable to the detention or placement
 of youth pursuant to petitions filed pursuant to article  seven  of  the
 family court act on or after such effective date;
   e.  sections  forty-two  and forty-three of this act shall take effect
 January 1, 2021;
   f. the amendments to subdivision 1 of section 70.20 of the  penal  law
 made by section forty-two of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith;
   g.  the  amendments to paragraph d of subdivision 3 of section 3214 of
 the education law made by section one hundred-a of this  act  shall  not
 affect  the  expiration  of such paragraph and shall be deemed to expire
 therewith;
   h. the amendments to subdivision 4 of  section  353.5  of  the  family
 court  act  made  by section seventy-two of this act shall be subject to
 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,
 when upon such date the provisions of section seventy-three of this  act
 shall  take effect; provided, however if such date of reversion is prior
 to January 1, 2019, section seventy-three of this act shall take  effect
 on January 1, 2019;
   i.    the  amendments  to subdivision 3-a of section 398 of the social
 services law made by section ninety-eight-b of this act shall not affect
 the expiration of such subdivision and shall be deemed  repealed  there-
 with;
   j. the amendments to subparagraph (ii) of paragraph (a) of subdivision
 1  of  section  409-a of the social services law made by section ninety-
 eight-c of this act shall not affect the expiration of such subparagraph
 and shall be deemed to expire therewith;
   k. the amendments to the second undesignated paragraph of  subdivision
 4 of section 246 of the executive law made by section one hundred two of
 this act shall be subject to the expiration and reversion of such undes-
 ignated  paragraph  as  provided  in  subdivision (aa) of section 427 of
 chapter 55 of the laws of 1992, as amended, when upon such date  section
 one  hundred  three  of this act shall take effect; provided, however if
 such date of reversion is prior to April 1, 2018,  section  one  hundred
 three of this act shall take effect on April 1, 2018;
   l.  the  amendments to paragraph (f) of subdivision 1 of section 70.30
 of the penal law made by section forty-four-a  of  this  act  shall  not
 affect  the  expiration and reversion of such paragraph and shall expire
 and be deemed repealed therewith; and
   m. if chapter 492 of the laws of 2016 shall not have taken  effect  on
 or  before  such date then section sixteen of this act shall take effect

 S. 2006--A                         145                        A. 3006--A
 
 on the same date and in the same manner as such chapter of the  laws  of
 2016, takes effect.
 
                                  PART K
 
   Section  1.  This part enacts into law major components of legislation
 which are necessary for the financing of various child welfare services.
 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
 
   Section 1. Subdivision 10 of section 153 of the social  services  law,
 as  amended by section 2 of part O of chapter 58 of the laws of 2011, is
 amended to read as follows:
   10. Expenditures made by a social services district  for  the  mainte-
 nance  of children with disabilities, placed by school districts, pursu-
 ant to section forty-four hundred five of the education  law  shall,  if
 approved  by  the  office of children and family services, be subject to

 S. 2006--A                         146                        A. 3006--A
 
 eighteen and four hundred twenty-four thousandths percent  reimbursement
 by  the  state and thirty-eight and four hundred twenty-four thousandths
 percent reimbursement by school districts, EXCEPT  FOR  SOCIAL  SERVICES
 DISTRICTS  LOCATED  WITHIN  A  CITY  WITH A POPULATION OF ONE MILLION OR
 MORE, WHERE SUCH EXPENDITURES SHALL BE SUBJECT TO  FIFTY-SIX  AND  EIGHT
 HUNDRED  FORTY-EIGHT  THOUSANDTHS  PERCENT  REIMBURSEMENT  BY THE SCHOOL
 DISTRICT, in accordance with paragraph c of subdivision one  of  section
 forty-four  hundred  five  of  the  education law, after first deducting
 therefrom any federal funds received or to be  received  on  account  of
 such  expenditures,  except  that  in  the case of a student attending a
 state-operated school for the deaf or blind pursuant to article  eighty-
 seven  or  eighty-eight  of the education law who was not placed in such
 school by a school district such expenditures shall be subject to  fifty
 percent  reimbursement  by the state after first deducting therefrom any
 federal funds received or to be received on account of such expenditures
 and there shall be no reimbursement by school districts.  Such  expendi-
 tures  shall  not  be  subject to the limitations on state reimbursement
 contained in subdivision two of section  one  hundred  fifty-three-k  of
 this  title.  In the event of the failure of the school district to make
 the maintenance payment pursuant to the provisions of this  subdivision,
 the  state  comptroller  shall  withhold state reimbursement to any such
 school district in an amount equal to the unpaid obligation for  mainte-
 nance and pay over such sum to the social services district upon certif-
 ication  of  the  commissioner  of  the  office  of  children and family
 services and the commissioner of education that such funds  are  overdue
 and  owed  by  such school district.   The commissioner of the office of
 children and family services, in consultation with the  commissioner  of
 education,  shall  promulgate regulations to implement the provisions of
 this subdivision.
   § 2. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a) Notwithstanding the provisions of this chapter or of any other law
 to the contrary, eligible expenditures by a social services district for
 foster  care services shall be subject to reimbursement with state funds
 only to the extent of annual appropriations to  the  state  foster  care
 block  grant.  Such  foster care services shall include expenditures for
 the provision and administration of: care, maintenance, supervision  and
 tuition;  supervision  of foster children placed in federally funded job
 corps programs; and care, maintenance, supervision and tuition for adju-
 dicated juvenile delinquents and persons in need of  supervision  placed
 in  residential  programs operated by authorized agencies and in out-of-
 state residential  programs;  EXCEPT  THAT,  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, REIMBURSEMENT WITH STATE FUNDS PURSU-
 ANT TO THE STATE FOSTER CARE BLOCK GRANT  SHALL  NOT  BE  AVAILABLE  FOR
 TUITION  EXPENDITURES  FOR FOSTER CHILDREN, INCLUDING PERSONS IN NEED OF
 SUPERVISION AND ADJUDICATED  JUVENILE  DELINQUENTS,  MADE  BY  A  SOCIAL
 SERVICES  DISTRICT  LOCATED  WITHIN  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE.  Social services districts must develop  and  implement
 children  and  family  services  delivery  systems  that are designed to
 reduce the need for and the length of foster care  placements  and  must
 document  their efforts in the multi-year consolidated services plan and
 the annual implementation reports submitted pursuant to section  thirty-
 four-a of this chapter.

 S. 2006--A                         147                        A. 3006--A
 
   §  3.  Paragraph  c  of subdivision 1 of section 4405 of the education
 law, as amended by section 1 of part O of chapter  58  of  the  laws  of
 2011, is amended to read as follows:
   c. Expenditures made by a social services district for the maintenance
 of  a  child  with a disability placed in a residential school under the
 provisions of this article, including a child with a  disability  placed
 by  a  school  district  committee on special education pursuant to this
 article in a special act school district, or a state school  subject  to
 the  provisions  of articles eighty-seven and eighty-eight of this chap-
 ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four
 thousandths  percent]  reimbursement  by  the child's school district of
 residence pursuant to the provisions of subdivision ten of  section  one
 hundred  fifty-three  of  the  social  services  law. The amount of such
 reimbursement shall be a charge upon such school district of residence.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to subdivision 10 of section 153 of the social services
 law made by section one of this act shall not affect the  expiration  of
 such  subdivision and shall expire therewith; and the amendments made to
 paragraph (a) of subdivision 2 of section 153-k of the  social  services
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.
   § 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.
 
                                  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.

 S. 2006--A                         148                        A. 3006--A
 
                                  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;
   (III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED FOR ADDITIONAL
 PERIODS  OF  TIME  IN ACCORDANCE WITH ANY OF THE FOLLOWING PROVISIONS OF
 THIS CHAPTER:
   (A) PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-B;
   (B)  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY-
 TWO-B; OR
   (C) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D; AND
   (IV)  REQUIRE THAT ANOTHER DESIGNATED PERSON OR ENTITY, IN ADDITION TO
 THE APPLICABLE RUNAWAY AND HOMELESS YOUTH SERVICE  COORDINATOR,  APPROVE
 ANY EXIGENT CIRCUMSTANCE REQUEST AS SUCH TERM IS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THIS CHAPTER, MADE TO THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   (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

 S. 2006--A                         149                        A. 3006--A
 
 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 two new subdivisions 9 and 10 are
 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".
   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 THAT ARE IN CRISIS, 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 THAT ARE IN CRISIS, in accordance with the APPLICABLE  regulations
 of  the  office of temporary and disability assistance and the office of
 children and family 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

 S. 2006--A                         150                        A. 3006--A

   (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.
   10.  "EXIGENT  CIRCUMSTANCE  REQUEST"  SHALL  MEAN A REQUEST MADE BY A
 MUNICIPALITY TO THE OFFICE OF CHILDREN AND FAMILY SERVICES TO APPROVE:
   (A) AN ADDITIONAL LENGTH OF STAY IN:
   (I) A RUNAWAY AND HOMELESS YOUTH CRISIS PROGRAM PURSUANT TO  PARAGRAPH
 (C)  OF  SUBDIVISION  TWO  OF  SECTION FIVE HUNDRED THIRTY-TWO-B OF THIS
 ARTICLE; OR
   (II) A TRANSITIONAL INDEPENDENT LIVING PROGRAM PURSUANT  TO  PARAGRAPH
 (C)  OF  SUBDIVISION  ONE  OF  SECTION FIVE HUNDRED THIRTY-TWO-D OF THIS
 ARTICLE; OR
   (B) 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 ARTICLE.
   § 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:
   § 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

 S. 2006--A                         151                        A. 3006--A
 
 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; 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.
   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-
 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 UPON THE APPROVAL
 OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS
 OR HER DESIGNEE UPON WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES
 THAT  MAKE THE ADDITIONAL LENGTH OF STAY NECESSARY; THE DILIGENT EFFORTS
 THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE  ALTERNATIVE  LIVING
 ARRANGEMENTS  FOR SUCH YOUTH; AND THE APPROVAL FOR THE ADDITIONAL LENGTH
 OF STAY  FROM  THE  APPLICABLE  MUNICIPAL  RUNAWAY  AND  HOMELESS  YOUTH
 SERVICES  COORDINATOR  AND  ANY OTHER INDIVIDUAL OR ENTITY DESIGNATED IN
 THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   § 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

 S. 2006--A                         152                        A. 3006--A
 
 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.
   (II) PROVIDED, HOWEVER, THAT SHELTER MAY BE  PROVIDED  TO  A  HOMELESS
 YOUTH  UNDER THE AGE OF SIXTEEN UPON THE APPROVAL OF THE COMMISSIONER OF
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR HER  DESIGNEE  UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT WARRANT SHELTER
 BEING  PROVIDED  TO THE YOUTH BASED ON CONSIDERATION OF THE YOUTH'S AGE;
 THE DILIGENT EFFORTS THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE
 ALTERNATIVE LIVING ARRANGEMENTS FOR SUCH YOUTH;  AND  APPROVAL  FOR  THE
 YOUTH TO BE SHELTERED IN THE PROGRAM FROM THE APPLICABLE MUNICIPAL RUNA-
 WAY  AND  HOMELESS  YOUTH COORDINATOR AND ANY OTHER INDIVIDUAL OR ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   (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, UPON APPROVAL OF THE COMMISSIONER  OF
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNEE UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT MAKE THE  ADDI-
 TIONAL  LENGTH  OF  STAY  NECESSARY; THE DILIGENT EFFORTS THAT HAVE BEEN
 MADE BY THE PROGRAM TO FIND SUITABLE ALTERNATIVE LIVING ARRANGEMENTS FOR
 SUCH YOUTH; AND APPROVAL FROM THE APPLICABLE MUNICIPAL RUNAWAY AND HOME-
 LESS YOUTH SERVICES COORDINATOR, AND  ANY  OTHER  INDIVIDUAL  OR  ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN;

 S. 2006--A                         153                        A. 3006--A
 
   [(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;
   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; 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:

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   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;
   (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-

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 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.
   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.

 S. 2006--A                         156                        A. 3006--A

                                  PART O
 
   Section  1. Subdivision 1 of section 131-r of the social services law,
 as added by chapter 81 of the laws of 1995 and as designated by  chapter
 340 of the laws of 2003, is amended to read as follows:
   1.    Any person who is receiving or has received, within the previous
 ten years, public assistance pursuant to the provisions of this article,
 and who wins a lottery prize of six hundred dollars or more shall  reim-
 burse  the  department from the winnings, for all such public assistance
 benefits paid to such person during the previous ten  years[;  provided,
 however,  that such crediting to the department shall in no event exceed
 fifty percent of the amount of  the  lottery  prize].  The  commissioner
 shall enter into an agreement with the director of the lottery, pursuant
 to  section sixteen hundred thirteen-b of the tax law, for the crediting
 of lottery prizes against public  assistance  benefits.  Nothing  herein
 shall limit the ability of a social services district to make recoveries
 pursuant  to  section  [104]  ONE  HUNDRED  FOUR  or section [106-b] ONE
 HUNDRED SIX-B of this chapter.
   § 2. Subdivisions 1 and 3 of section 1613-b of the tax law, as amended
 by chapter 601 of the laws of 2007, are amended to read as follows:
   (1) Notwithstanding any limitations in section one hundred four of the
 social services law, the director of the lottery, on behalf of the divi-
 sion of the lottery, shall enter  into  a  written  agreement  with  the
 commissioner  of  the  office of temporary and disability assistance, on
 behalf of the office of temporary and disability assistance, which shall
 set forth the procedures for crediting any lottery prize of six  hundred
 dollars  or  more  awarded  to  an individual against any and all public
 assistance benefits which were given to or on behalf of such  individual
 within  a  period of up to ten years prior to the issuance of such prize
 of which the director of the lottery has been notified  by  the  commis-
 sioner  of the office of temporary and disability assistance pursuant to
 the provisions of such agreement[; provided, however, that in  no  event
 shall  such  credit to the office of temporary and disability assistance
 exceed fifty percent of any such lottery  prize  and  provided  further]
 that,  unless otherwise determined cost effective by the commissioner of
 the office of temporary and disability assistance and  the  director  of
 the lottery such procedure shall be required only to the extent that and
 with  respect  to periods for which it can be effected through automated
 type match.
   (3) Prior to awarding any lottery prize  of  six  hundred  dollars  or
 more,  the  division of the lottery shall review the notice of liability
 of public assistance benefits paid provided by the office  of  temporary
 and  disability  assistance. For each lottery prize winner identified on
 such notice as an individual, who is receiving or has  received,  within
 the  last  ten  years,  public assistance benefits, the lottery division
 shall credit to the office of temporary and disability  assistance  such
 amount  of the prize to satisfy the amount of public assistance benefits
 indicated as received within the previous ten years, and  any  remainder
 shall  be  awarded  to  the prize winner[; provided, however, that in no
 event shall such credit  to  the  office  of  temporary  and  disability
 assistance exceed fifty percent of any such lottery prize].
   § 3. This act shall take effect July 1, 2017.
 
                                  PART P

 S. 2006--A                         157                        A. 3006--A
 
   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
 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.

 S. 2006--A                         158                        A. 3006--A
 
   (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
 
   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

 S. 2006--A                         159                        A. 3006--A
 
 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
 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:

 S. 2006--A                         160                        A. 3006--A
 
   (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,
 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.  SUCH INFORMATION 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

 S. 2006--A                         161                        A. 3006--A
 
 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 SUMMARY 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
 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

 S. 2006--A                         162                        A. 3006--A
 
 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.
 
                                  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

 S. 2006--A                         163                        A. 3006--A
 
 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 eight million  four  hundred  seventy-
 nine  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  neighborhood  preservation  program   contracts
 authorized by this section, a total sum not to exceed eight million four
 hundred seventy-nine thousand dollars, such transfer to be made from (i)
 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 three million five hundred thirty-nine
 thousand dollars for the fiscal year ending March 31,  2018.    Notwith-
 standing  any other provision of law, and subject to the approval of the
 New York state director of the budget, the board  of  directors  of  the
 state  of  New  York mortgage agency shall authorize the transfer to the
 housing trust fund corporation, for  the  purposes  of  reimbursing  any
 costs associated with rural preservation program contracts authorized by
 this section, a total sum not to exceed three million five hundred thir-
 ty-nine  thousand dollars, such transfer to be made from (i) the special
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the  public  authorities law, in an amount not to exceed the
 actual excess balance in the special account of the  mortgage  insurance
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 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  thirty-six  million

 S. 2006--A                         164                        A. 3006--A
 
 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 and urban community investment fund program contracts author-
 ized  by  this  section,  a  total  sum not to exceed thirty-six 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
 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.
   §  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

 S. 2006--A                         165                        A. 3006--A
 
 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
 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. This act shall take effect immediately.
 
                                  PART S
 
   Section 1. The section heading of section 421-a of the  real  property
 tax  law, as amended by chapter 857 of the laws of 1975 and such section
 as renumbered by chapter 110 of the laws of 1977, is amended to read  as
 follows:
   [Exemption  of new multiple dwellings from local taxation.] AFFORDABLE
 NEW YORK HOUSING PROGRAM.

 S. 2006--A                         166                        A. 3006--A
 
   § 2. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 10 of
 section 421-a of the real property tax law, as amended by chapter 15  of
 the laws of 2008, are amended to read as follows:
   (i)  all  rent  stabilization registrations required to be filed on or
 after January first, two thousand  eight  shall  contain  a  designation
 which  identifies  all  units that are subject to the provisions of this
 section as "[421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM  units"  and
 specifically  identifies  affordable  units  created  pursuant  to  this
 section and units which are required to be occupied by persons or  fami-
 lies  who  meet  specified income limits pursuant to the provisions of a
 local law enacted pursuant to this section as  "[421-a]  AFFORDABLE  NEW
 YORK  HOUSING PROGRAM affordable units" and shall contain an explanation
 of the requirements that apply to all such units. The owner  of  a  unit
 that  is subject to the provisions of this section shall, in addition to
 complying with the requirements of section 26-517 of the rent stabiliza-
 tion law, file a copy of the rent registration for each such  unit  with
 the local housing agency;
   (iii) the local housing agency shall create a report which, at a mini-
 mum,  contains  the  following  information  for  every  building  which
 receives benefits pursuant to this section:  address,  commencement  and
 termination  date  of  the  benefits, total number of residential units,
 number of "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM units" and number
 of "[421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM  affordable  units",
 apartment  number  or  other  designation of such units and the rent for
 each of such units. The local housing agency with the cooperation of the
 division of housing and community renewal  shall  maintain,  and  update
 such  report no less than annually, with information secured from annual
 registrations. Such reports shall be available for public inspection  in
 a  form  that  assigns  a unique designation to each unit other than its
 actual apartment number to maintain the privacy of such information; and
   § 3. Subdivision 16 of section 421-a of the real property tax law,  as
 added  by  section  63-c of part A of chapter 20 of the laws of 2015, is
 amended to read as follows:
   16. (a) Definitions. For the purposes of this subdivision:
   (i) "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits" shall  mean
 exemption from real property taxation pursuant to this subdivision.
   (ii)  "Affordability  option  A"  shall mean that, within any eligible
 site:  (A) not less than ten percent of the dwelling units are  afforda-
 ble  housing  forty  percent  units; (B) not less than an additional ten
 percent of the dwelling  units  are  affordable  housing  sixty  percent
 units;  (C)  not  less  than  an additional five percent of the dwelling
 units are affordable housing one hundred thirty percent units;  and  (D)
 such  eligible  site  is developed without the substantial assistance of
 grants, loans or subsidies provided by a federal, state or local govern-
 mental agency or instrumentality pursuant to a program for the  develop-
 ment  of  affordable housing, except that such eligible site may receive
 tax exempt bond proceeds and four percent tax credits.
   (iii) "Affordability option B" shall mean that,  within  any  eligible
 site, (A) not less than ten percent of the dwelling units are affordable
 housing seventy percent units, and (B) not less than an additional twen-
 ty  percent  of  the  dwelling  units are affordable housing one hundred
 thirty percent units.
   (iv) "Affordability option C" shall mean  that,  within  any  eligible
 site  excluding  the geographic area south of ninety-sixth street in the
 borough of Manhattan, and all other geographic areas in the city of  New
 York excluded pursuant to local law, (A) not less than thirty percent of

 S. 2006--A                         167                        A. 3006--A
 
 the  dwelling  units  are  affordable housing one hundred thirty percent
 units, and (B) such eligible site is developed without  the  substantial
 assistance of grants, loans or subsidies provided by a federal, state or
 local  governmental  agency or instrumentality pursuant to a program for
 the development of affordable housing.
   (v) "Affordability option D"  shall  only  apply  to  a  homeownership
 project, of which one hundred percent of the units shall have an average
 assessed  value not to exceed sixty-five thousand dollars upon the first
 assessment following the completion date and where  each  owner  of  any
 such unit shall agree, in writing, to maintain such unit as their prima-
 ry  residence  for  no less than five years from the acquisition of such
 unit.
   (VI) "AFFORDABILITY OPTION E" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 SITE  WITHIN  THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST OF
 NO LESS THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A)  NOT  LESS
 THAN  TEN  PERCENT  OF  THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING
 FORTY PERCENT UNITS; (B) NOT LESS THAN AN ADDITIONAL TEN PERCENT OF  THE
 RENTAL  DWELLING  UNITS  ARE AFFORDABLE HOUSING SIXTY PERCENT UNITS; (C)
 NOT LESS THAN AN ADDITIONAL FIVE PERCENT OF THE  RENTAL  DWELLING  UNITS
 ARE  AFFORDABLE  HOUSING  ONE HUNDRED TWENTY PERCENT UNITS; AND (D) SUCH
 ELIGIBLE SITE IS DEVELOPED WITHOUT THE SUBSTANTIAL ASSISTANCE OF GRANTS,
 LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE  OR  LOCAL  GOVERNMENTAL
 AGENCY  OR  INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF
 AFFORDABLE HOUSING, EXCEPT THAT  SUCH  ELIGIBLE  SITE  MAY  RECEIVE  TAX
 EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX CREDITS.
   (VII)  "AFFORDABILITY  OPTION  F" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
 SITE WITHIN THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST  CONSIST  OF
 NO  LESS  THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A) NOT LESS
 THAN TEN PERCENT OF THE RENTAL DWELLING  UNITS  ARE  AFFORDABLE  HOUSING
 SEVENTY  PERCENT  UNITS;  AND  (B)  NOT  LESS  THAN AN ADDITIONAL TWENTY
 PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE  HUNDRED
 THIRTY PERCENT UNITS.
   (VIII)  "AFFORDABILITY  OPTION G" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
 SITE LOCATED WITHIN THE BROOKLYN  ENHANCED  AFFORDABILITY  AREA  OR  THE
 QUEENS  ENHANCED  AFFORDABILITY  AREA, SUCH SITE MUST CONSIST OF NO LESS
 THAN THREE HUNDRED RENTAL DWELLING UNITS OF  WHICH  (A)  NOT  LESS  THAN
 THIRTY  PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE-
 HUNDRED THIRTY PERCENT UNITS; AND (B) SUCH ELIGIBLE  SITE  IS  DEVELOPED
 WITHOUT  THE  SUBSTANTIAL  ASSISTANCE  OF  GRANTS,  LOANS  OR  SUBSIDIES
 PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR  INSTRUMEN-
 TALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
   [(vi)]  (IX)  "Affordability  percentage"  shall  mean a fraction, the
 numerator of which is the number  of  affordable  housing  units  in  an
 eligible site and the denominator of which is the total number of dwell-
 ing units in such eligible site.
   [(vii)]  (X)  "Affordable  housing  forty  percent  unit" shall mean a
 dwelling unit that: (A) is situated within the eligible site  for  which
 [421-a]  AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are granted; and
 (B) upon initial rental and upon  each  subsequent  rental  following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  forty  percent  of  the  area median income, adjusted for family
 size, at the time that such household initially occupies  such  dwelling
 unit.
   [(viii)]  (XI)  "Affordable  housing  sixty percent unit" shall mean a
 dwelling unit that: (A) is situated within the eligible site  for  which

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 [421-a]  AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are granted; and
 (B) upon initial rental and upon  each  subsequent  rental  following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to  occupancy by individuals or families whose household income does not
 exceed sixty percent of the area  median  income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   [(ix)] (XII) "Affordable housing seventy percent unit"  shall  mean  a
 dwelling  unit  that: (A) is situated within the eligible site for which
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits  are  granted;  and
 (B)  upon  initial  rental  and  upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed seventy percent of the area median income,  adjusted  for  family
 size,  at  the time that such household initially occupies such dwelling
 unit.
   (XIII) "AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNIT" SHALL MEAN
 A DWELLING UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH
 AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS ARE GRANTED; AND  (B)  UPON
 INITIAL  RENTAL  AND  UPON  EACH  SUBSEQUENT  RENTAL FOLLOWING A VACANCY
 DURING THE RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO  OCCU-
 PANCY  BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED
 ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI-
 LY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH  DWELL-
 ING UNIT.
   [(x)] (XIV) "Affordable housing one hundred thirty percent unit" shall
 mean  a dwelling unit that: (A) is situated within the eligible site for
 which [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits are  granted;
 and  (B) upon initial rental and upon each subsequent rental following a
 vacancy during the restriction period, is affordable to  and  restricted
 to  occupancy by individuals or families whose household income does not
 exceed one hundred thirty percent of the area  median  income,  adjusted
 for family size, at the time that such household initially occupies such
 dwelling unit.
   [(xi)]  (XV)  "Affordable  housing  unit" shall mean, collectively and
 individually, affordable housing forty percent units, affordable housing
 sixty percent units, affordable housing seventy percent units,  AFFORDA-
 BLE  HOUSING ONE HUNDRED TWENTY PERCENT UNITS and affordable housing one
 hundred thirty percent units.
   [(xii)] (XVI) "Agency" shall mean the department of housing  preserva-
 tion and development.
   [(xiii)]  (XVII)  "Application"  shall mean an application for [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xiv)] (XVIII) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT  EQUAL  TO
 THE  AGGREGATE AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR
 ON BEHALF OF, CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY  THE
 AGGREGATE NUMBER OF HOURS OF CONSTRUCTION WORK.
   (XIX)  "BROOKLYN  ENHANCED AFFORDABILITY AREA" SHALL MEAN ANY TAX LOTS
 NOW EXISTING OR HEREAFTER CREATED  WHICH  ARE  LOCATED  ENTIRELY  WITHIN
 COMMUNITY  BOARDS  ONE  AND  TWO  OF THE BOROUGH OF BROOKLYN BOUNDED AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 OF INTERSECTION OF THE CENTERLINE OF  NEWTOWN  CREEK  AND  THE  WESTERLY
 BOUNDS  OF  THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF
 NEWTOWN CREEK, SAID CENTERLINE ALSO BEING THE  BOUNDARY  BETWEEN  QUEENS
 COUNTY  TO THE NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE POINT

 S. 2006--A                         169                        A. 3006--A
 
 OF INTERSECTION  WITH  GREENPOINT  AVENUE;  THENCE  SOUTHWESTERLY  ALONG
 GREENPOINT  AVENUE,  TO  THE INTERSECTION WITH KINGS LAND AVENUE; THENCE
 SOUTHERLY ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH MEEKER AVENUE;
 THENCE  SOUTHWESTERLY  ALONG  MEEKER  AVENUE  TO  THE  INTERSECTION WITH
 LEONARD STREET; THENCE SOUTHERLY ALONG  LEONARD  STREET  TO  THE  INTER-
 SECTION  WITH  METROPOLITAN  AVENUE;  THENCE WESTERLY ALONG METROPOLITAN
 AVENUE TO THE INTERSECTION WITH LORIMER STREET; THENCE  SOUTHERLY  ALONG
 LORIMER STREET TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY
 ALONG  MONTROSE  AVENUE  TO  THE  INTERSECTION WITH UNION AVENUE; THENCE
 SOUTHERLY ALONG UNION AVENUE TO THE INTERSECTION  WITH  JOHNSON  AVENUE;
 THENCE  WESTERLY ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY;
 THENCE NORTHWESTERLY ALONG BROADWAY TO THE  INTERSECTION  WITH  RUTLEDGE
 STREET;  THENCE  SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION
 WITH KENT AVENUE AND CLASSON AVENUE; THENCE SOUTHWESTERLY AND  SOUTHERLY
 ALONG  CLASSON  AVENUE  TO  THE  INTERSECTION WITH DEKALB AVENUE; THENCE
 WESTERLY ALONG DEKALB AVENUE  TO  THE  INTERSECTION  WITH  BOND  STREET;
 THENCE  SOUTHWESTERLY ALONG BOND STREET TO THE INTERSECTION WITH WYCKOFF
 STREET; THENCE NORTHWESTERLY ALONG WYCKOFF STREET  TO  THE  INTERSECTION
 WITH  HOYT  STREET; THENCE SOUTHWESTERLY ALONG HOYT STREET TO THE INTER-
 SECTION WITH WARREN STREET; THENCE NORTHWESTERLY ALONG WARREN STREET  TO
 THE  INTERSECTION  WITH  COURT  STREET; THENCE NORTHEASTERLY ALONG COURT
 STREET TO THE INTERSECTION WITH ATLANTIC  AVENUE;  THENCE  NORTHWESTERLY
 ALONG  ATLANTIC  AVENUE,  CROSSING  UNDER THE BROOKLYN QUEENS EXPRESSWAY
 (AKA INTERSTATE 278), TO THE TERMINUS OF ATLANTIC AVENUE AT THE BROOKLYN
 BRIDGE PARK/PIER 6; THENCE NORTHWESTERLY PASSING  THROUGH  THE  BROOKLYN
 BRIDGE  PARK  TO  THE  BULKHEAD OF THE EAST RIVER AT PIER 6; THENCE IN A
 GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE
 OF THE EAST RIVER TO THE INTERSECTION WITH  THE  CENTERLINE  OF  NEWTOWN
 CREEK, AND THE POINT OR PLACE OF BEGINNING.
   (XX) "Building service employee" shall mean any person who is regular-
 ly employed at, and performs work in connection with the care or mainte-
 nance  of,  an eligible site, including, but not limited to, a watchman,
 guard, doorman, building cleaner, porter, handyman,  janitor,  gardener,
 groundskeeper,  elevator  operator  and starter, and window cleaner, but
 not including persons regularly scheduled to work fewer than eight hours
 per week at the eligible site.
   [(xv)] (XXI) "Commencement date"  shall  mean,  with  respect  to  any
 eligible   multiple   dwelling,  the  date  upon  which  excavation  and
 construction of initial footings and foundations lawfully begins in good
 faith or, for an eligible conversion, the date  upon  which  the  actual
 construction of the conversion, alteration or improvement of the pre-ex-
 isting building or structure lawfully begins in good faith.
   [(xvi)]  (XXII)  "Completion  date"  shall  mean,  WITH RESPECT TO ANY
 ELIGIBLE MULTIPLE DWELLING, the date upon which the local department  of
 buildings  issues  the first temporary or permanent certificate of occu-
 pancy covering all residential areas of an eligible multiple dwelling.
   [(xvii)] (XXIII) "Construction period" shall mean, with respect to any
 eligible multiple dwelling, a period: (A) beginning on the later of  the
 commencement  date  of  such  eligible  multiple dwelling or three years
 before the completion date of such eligible multiple dwelling;  and  (B)
 ending  on the day preceding the completion date of such eligible multi-
 ple dwelling.
   (XXIV) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED
 ON AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT  DATE  AND  THE  COMPLETION
 DATE,  WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY
 FORM, MAKE OR BUILD AN ELIGIBLE  MULTIPLE  DWELLING,  INCLUDING  WITHOUT

 S. 2006--A                         170                        A. 3006--A
 
 LIMITATION,  PAINTING,  OR  PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR
 EQUIPMENT IN THE ELIGIBLE  MULTIPLE  DWELLING,  BUT  EXCLUDING  SECURITY
 PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (XXV)   "CONSTRUCTION  WORKERS"  SHALL  MEAN  ALL  PERSONS  PERFORMING
 CONSTRUCTION WORK WHO (A) ARE PAID ON AN HOURLY BASIS AND (B) ARE NOT IN
 A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (XXVI) "CONTRACTOR CERTIFIED PAYROLL REPORT" SHALL  MEAN  AN  ORIGINAL
 PAYROLL  REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE-
 PENDENT MONITOR SETTING FORTH TO THE BEST OF THE  CONTRACTOR'S  OR  SUB-
 CONTRACTOR'S  KNOWLEDGE,  THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK
 PERFORMED BY CONSTRUCTION WORKERS, THE  AMOUNT  OF  WAGES  AND  EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   [(xviii)]  (XXVII)  "Eligible  conversion"  shall mean the conversion,
 alteration or  improvement  of  a  pre-existing  building  or  structure
 resulting  in  a  multiple  dwelling  in  which  no more than forty-nine
 percent of the floor area consists  of  such  pre-existing  building  or
 structure.
   [(xix)]  (XXVIII)  "Eligible  multiple dwelling" shall mean a multiple
 dwelling, INCLUDING A PORTION OF A MULTIPLE DWELLING,  or  homeownership
 project  containing  six  or  more  dwelling  units  created through new
 construction or eligible conversion for which the commencement  date  is
 after  December thirty-first, two thousand fifteen and on or before June
 fifteenth,  two  thousand  [nineteen]  TWENTY-TWO,  and  for  which  the
 completion  date  is  on or before June fifteenth, two thousand [twenty-
 three] TWENTY-SIX.
   [(xx)] (XXIX) "Eligible  site"  shall  mean  either:  (A)  a  tax  lot
 containing an eligible multiple dwelling; or (B) a zoning lot containing
 two or more eligible multiple dwellings that are part of a single appli-
 cation.
   (XXX)  "EMPLOYEE  BENEFITS"  SHALL  MEAN ALL SUPPLEMENTAL COMPENSATION
 PAID BY THE EMPLOYER, ON BEHALF  OF  CONSTRUCTION  WORKERS,  OTHER  THAN
 WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE
 INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISA-
 BILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSUR-
 ANCE  AND  APPRENTICESHIP  TRAINING.  THE VALUE OF ANY EMPLOYEE BENEFITS
 RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY  COST  TO  THE
 EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (XXXI) "ENHANCED AFFORDABILITY AREA" SHALL MEAN THE MANHATTAN ENHANCED
 AFFORDABILITY  AREA,  THE  BROOKLYN  ENHANCED AFFORDABILITY AREA AND THE
 QUEENS ENHANCED AFFORDABILITY AREA.
   (XXXII) "ENHANCED THIRTY-FIVE YEAR BENEFIT" SHALL MEAN:  (A)  FOR  THE
 CONSTRUCTION  PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) FOR THE
 NEXT THIRTY-FIVE YEARS OF THE EXTENDED RESTRICTION PERIOD, A ONE HUNDRED
 PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS
 FOR LOCAL IMPROVEMENTS.
   (XXXIII)  "EXTENDED RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING
 ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVERSARY  OF  THE
 COMPLETION  DATE,  NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
 OF AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS.
   [(xxi)] (XXXIV) "Fiscal officer" shall mean the comptroller  or  other
 analogous officer in a city having a population of one million or more.
   [(xxii)]  (XXXV)  "Floor  area" shall mean the horizontal areas of the
 several floors, or any portion thereof, of a dwelling or dwellings,  and
 accessory  structures on a lot measured from the exterior faces of exte-
 rior walls, or from the center line of party walls.

 S. 2006--A                         171                        A. 3006--A

   [(xxiii)] (XXXVI) "Four percent tax credits" shall  mean  federal  low
 income  housing  tax  credits computed in accordance with clause (ii) of
 subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
 of the internal revenue code of nineteen hundred eighty-six, as amended.
   [(xxiv)] (XXXVII) "Homeownership project" shall mean a multiple dwell-
 ing  or  portion thereof operated as condominium or cooperative housing,
 however, it shall not include a multiple  dwelling  or  portion  thereof
 operated  as  cooperative  or  condominium  housing  located  within the
 borough of Manhattan, and shall not include  a  multiple  dwelling  that
 contains more than thirty-five units.
   [(xxv)]  (XXXVIII)  "INDEPENDENT  MONITOR"  SHALL  MEAN  AN ACCOUNTANT
 LICENSED AND IN GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE
 OF THE EDUCATION LAW.
   (XXXIX) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION  OR  INTERFER-
 ENCE  WITH  THE  CONSTRUCTION  WORK  CAUSED  BY THE ACTIONS OF ANY LABOR
 ORGANIZATION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE  SITE,
 INCLUDING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES,
 WALK   OUTS,  SLOWDOWNS,  PICKETING,  BANNERING,  HAND  BILLING,  DEMON-
 STRATIONS, SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE
 STRUCK BUSINESS, AND USE OF THE RAT  OR  OTHER  INFLATABLE  BALLOONS  OR
 SIMILAR DISPLAYS.
   (XL)  "Market unit" shall mean a dwelling unit in an eligible multiple
 dwelling other than an affordable housing unit.
   [(xxvi)] (XLI) "Multiple dwelling" shall have the meaning set forth in
 the multiple dwelling law.
   [(xxvii)] (XLII) "Non-residential tax lot" shall mean a tax  lot  that
 does not contain any dwelling units.
   [(xxviii)]  (XLIII) "MANHATTAN ENHANCED AFFORDABILITY AREA" SHALL MEAN
 ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED LOCATED ENTIRELY SOUTH OF
 96TH STREET IN THE BOROUGH OF MANHATTAN.
   (XLIV) "PROJECT LABOR AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  SETTING FORTH THE TERMS AND CONDITIONS OF EMPLOY-
 MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
   (XLV) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN  A  CERTIFIED
 PAYROLL  REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE AGENCY BASED
 ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH  THE  TOTAL
 NUMBER  OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION WORKERS,
 THE AGGREGATE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
   (XLVI) "QUEENS ENHANCED AFFORDABILITY AREA" SHALL MEAN  ANY  TAX  LOTS
 NOW  EXISTING  OR  HEREAFTER  CREATED  WHICH ARE LOCATED ENTIRELY WITHIN
 COMMUNITY BOARDS ONE AND TWO  OF  THE  BOROUGH  OF  QUEENS  BOUNDED  AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 BEING  THE  INTERSECTION  OF THE EASTERLY SHORE OF THE EAST RIVER WITH A
 LINE OF PROLONGATION OF  20TH  AVENUE  PROJECTED  NORTHWESTERLY;  THENCE
 SOUTHEASTERLY  ON THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG 20TH
 AVENUE TO THE INTERSECTION WITH 31ST STREET; THENCE SOUTHWESTERLY  ALONG
 31ST  STREET  TO THE INTERSECTION WITH NORTHERN BOULEVARD; THENCE SOUTH-
 WESTERLY ALONG NORTHERN BOULEVARD TO THE INTERSECTION WITH QUEENS BOULE-
 VARD (AKA ROUTE 25); THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO  THE
 INTERSECTION  WITH VAN DAM STREET; THENCE SOUTHERLY ALONG VAN DAM STREET
 TO THE INTERSECTION WITH BORDEN AVENUE; THENCE SOUTHWESTERLY  ALONG  VAN
 DAM STREET TO THE INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE;
 THENCE  SOUTHWESTERLY  ALONG  GREENPOINT  AVENUE  TO THE POINT OF INTER-
 SECTION WITH THE CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN

 S. 2006--A                         172                        A. 3006--A
 
 CREEK ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY  TO  THE  NORTH  AND
 KINGS  COUNTY TO THE SOUTH; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF
 NEWTOWN CREEK, ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY  AND  KINGS
 COUNTY  TO  ITS INTERSECTION WITH THE EASTERLY BOUNDS OF THE EAST RIVER;
 THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY  BULKHEAD
 OR SHORELINE OF THE EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
   (XLVII)  "Rent  stabilization"  shall  mean,  collectively,  the  rent
 stabilization law of nineteen hundred sixty-nine, the rent stabilization
 code, and the emergency tenant protection act of nineteen  seventy-four,
 all  as in effect as of the effective date of the chapter of the laws of
 two thousand fifteen that added this subdivision or as amended thereaft-
 er, together with  any  successor  statutes  or  regulations  addressing
 substantially the same subject matter.
   [(xxix)]  (XLVIII)  "Rental  project"  shall  mean an eligible site in
 which all dwelling units included in any  application  are  operated  as
 rental housing.
   [(xxx)]  (XLIX)  "Residential  tax  lot"  shall  mean  a  tax lot that
 contains dwelling units.
   [(xxxi)] (L) "Restriction period" shall mean a  period  commencing  on
 the  completion date and expiring on the thirty-fifth anniversary of the
 completion date, notwithstanding any earlier termination  or  revocation
 of [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xxxii)]  (LI)  "Tax exempt bond proceeds" shall mean the proceeds of
 an exempt facility bond, as defined in paragraph (7) of  subsection  (a)
 of  section  one hundred forty-two of the internal revenue code of nine-
 teen hundred eighty-six, as amended, the interest upon which  is  exempt
 from  taxation  under  section one hundred three of the internal revenue
 code of nineteen hundred eighty-six, as amended.
   (LII) "THIRD PARTY FUND ADMINISTRATOR" SHALL BE  A  PERSON  OR  ENTITY
 THAT  RECEIVES  FUNDS  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
 OVERSEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO  CONSTRUCTION  WORK-
 ERS.    THE  THIRD  PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY
 APPROVED BY THE AGENCY, AND RECOMMENDED BY ONE, OR MORE,  REPRESENTATIVE
 OR  REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE YEAR TERM SHALL CONTINUE TO
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED. THE AGENCY, AFTER PROVIDING NOTICE AND AFTER MEETING WITH THE
 THIRD PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR FOR  CAUSE
 UPON AN AGENCY DETERMINATION THAT THE ADMINISTRATOR HAS BEEN INEFFECTIVE
 AT  OVERSEEING  OR  MANAGING  THE DISBURSAL OF FUNDS TO THE CONSTRUCTION
 WORKERS. THE THIRD PARTY FUND ADMINISTRATOR SHALL, AT THE REQUEST OF THE
 AGENCY, SUBMIT REPORTS TO THE AGENCY.
   [(xxxiii)] (LIII) "Thirty-five year benefit" shall mean: (A)  for  the
 construction  period, a one hundred percent exemption from real property
 taxation, other than assessments for local  improvements;  (B)  for  the
 first twenty-five years of the restriction period, a one hundred percent
 exemption  from real property taxation, other than assessments for local
 improvements; and (C) for the final ten years of the restriction period,
 an exemption from real property taxation,  other  than  assessments  for
 local improvements, equal to the affordability percentage.

 S. 2006--A                         173                        A. 3006--A
 
   [(xxxiv)]  (LIV)  "Twenty  year  benefit"  shall  mean:  (A)  for  the
 construction period, a one hundred percent exemption from real  property
 taxation,  other  than  assessments  for local improvements; (B) for the
 first fourteen years of the restriction period, a  one  hundred  percent
 exemption  from real property taxation, other than assessments for local
 improvements, provided, however, that no exemption shall  be  given  for
 any portion of a unit's assessed value that exceeds $65,000; and (C) for
 the  final  six  years  of the restriction period, a twenty-five percent
 exemption from real property taxation, other than assessments for  local
 improvements,  provided,  however,  that no exemption shall be given for
 any portion of a unit's assessed value that exceeds $65,000.
   (LV) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS  OF
 ANY  KIND  PAID  TO,  OR  ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION  WORKER,  TOGETHER  WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS,  HOLIDAY  PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
 PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL  AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT  INSURANCE  AND  PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   (b) Benefit. In cities having a population of  one  million  or  more,
 notwithstanding  the provisions of any other subdivision of this section
 or of any general, special or local law to the  contrary,  new  eligible
 sites,  except  hotels, that comply with the provisions of this subdivi-
 sion shall be exempt from real property taxation, other than assessments
 for local improvements, in the amounts and for the periods specified  in
 this  paragraph.  A rental project that meets all of the requirements of
 this subdivision shall receive a thirty-five year benefit and a homeown-
 ership project that meets all of the requirements  of  this  subdivision
 shall  receive  a  twenty year benefit. A RENTAL PROJECT THAT ALSO MEETS
 ALL OF THE REQUIREMENTS OF  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  SHALL
 RECEIVE AN ENHANCED THIRTY-FIVE YEAR BENEFIT.
   (C)  IN  ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SUBDIVI-
 SION, RENTAL PROJECTS CONTAINING THREE HUNDRED OR MORE  RENTAL  DWELLING
 UNITS  LOCATED  WITHIN THE ENHANCED AFFORDABILITY AREA SHALL COMPLY WITH
 THE REQUIREMENTS SET FORTH IN THIS PARAGRAPH. FOR PURPOSES OF THIS PARA-
 GRAPH, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTH-
 ER PARTY (INCLUDING SUBCONTRACTORS) UNDERTAKES TO  PERFORM  CONSTRUCTION
 WORK  AT  AN  ELIGIBLE  SITE AND "APPLICANT" SHALL MEAN AN APPLICANT FOR
 AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
   (I) SUCH RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY  OPTION
 E, AFFORDABILITY OPTION F OR AFFORDABILITY OPTION G.
   (II)  THE  MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON
 AN ELIGIBLE SITE WITHIN THE MANHATTAN ENHANCED AFFORDABILITY AREA  SHALL
 BE  NO LESS THAN SIXTY DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  SEVENTEEN  THAT  ADDED
 THIS  PARAGRAPH  AND  EVERY  THREE YEARS THEREAFTER, THE MINIMUM AVERAGE
 HOURLY WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER,  THAT
 ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE
 SHALL  BE REQUIRED TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON
 ITS COMMENCEMENT DATE.
   (III) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS  ON
 AN  ELIGIBLE SITE WITHIN THE BROOKLYN ENHANCED AFFORDABILITY AREA OR THE
 QUEENS ENHANCED AFFORDABILITY AREA SHALL  BE  NO  LESS  THAN  FORTY-FIVE

 S. 2006--A                         174                        A. 3006--A
 
 DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE DATE OF THE CHAPTER OF
 THE  LAWS  OF TWO THOUSAND SEVENTEEN THAT ADDED THIS PARAGRAPH AND EVERY
 THREE YEARS  THEREAFTER,  THE  MINIMUM  AVERAGE  HOURLY  WAGE  SHALL  BE
 INCREASED  BY  FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING WITH A
 COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE SHALL  BE  REQUIRED
 TO  PAY  THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON ITS COMMENCEMENT
 DATE.
   (IV) THE REQUIREMENTS OF SUBPARAGRAPHS (II) AND (III)  OF  THIS  PARA-
 GRAPH SHALL NOT BE APPLICABLE TO:
   (A)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
 THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH  SUBSEQUENT  RENTAL
 FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE TO AND
 RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES WHOSE HOUSEHOLD
 INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDI-
 AN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT;
   (B)  ANY  PORTION  OF AN ELIGIBLE MULTIPLE DWELLING WHICH IS OWNED AND
 OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
   (C) AT THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT  TO  A
 PROJECT LABOR AGREEMENT.
   (V)  THE  APPLICANT  SHALL  CONTRACT WITH AN INDEPENDENT MONITOR. SUCH
 INDEPENDENT MONITOR SHALL SUBMIT TO THE AGENCY WITHIN ONE  YEAR  OF  THE
 COMPLETION  DATE  A  PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE EVENT
 SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE AGEN-
 CY WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT TO  A  FINE
 OF  ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF; PROVIDED THAT
 THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.   IN THE  EVENT
 THAT  THE  AVERAGE  HOURLY  WAGE IS LESS THAN THE MINIMUM AVERAGE HOURLY
 WAGE SET FORTH IN SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH AS APPLI-
 CABLE, THE PROJECT-WIDE CERTIFIED REPORT SHALL ALSO SET FORTH THE AGGRE-
 GATE AMOUNT OF SUCH DEFICIENCY.
   (VI) THE CONTRACTOR CERTIFIED PAYROLL REPORT  SHALL  BE  SUBMITTED  BY
 EACH  CONTRACTOR  AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS AFTER THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE CONTRACTOR CERTIFIED PAYROLL REPORT WITHIN THE  TIME  PRESCRIBED  IN
 THIS  SUBPARAGRAPH,  THE INDEPENDENT MONITOR SHALL NOTIFY THE AGENCY AND
 THE AGENCY SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR SUB-CONTRACTOR
 IN THE AMOUNT OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION  THEREOF,
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
   (VII)  IN  THE  EVENT  THAT  THE PROJECT-WIDE CERTIFIED PAYROLL REPORT
 SHOWS THAT THE AVERAGE HOURLY WAGE AS REQUIRED BY SUBPARAGRAPH  (II)  OR
 (III) OF THIS PARAGRAPH, AS APPLICABLE, WAS NOT PAID, (A) IF THE AVERAGE
 HOURLY  WAGE  IS  WITHIN  FIFTEEN  PERCENT  OF  THE  AVERAGE HOURLY WAGE
 REQUIRED BY SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH,  AS  APPLICABLE,
 THEN  NO  LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION
 OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT  SHALL  PAY
 TO  THE  THIRD PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE AMOUNT OF
 THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE CERTIFIED  PAYROLL  REPORT.
 THE  THIRD PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO THE
 CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK  ON  SUCH  ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD PARTY FUND ADMINISTRATOR
 SHALL  SUBMIT  TO  THE  AGENCY  A  PLAN SUBJECT TO THE AGENCY'S APPROVAL
 SETTING FORTH THE MANNER IN WHICH THE  THIRD  PARTY  FUND  ADMINISTRATOR
 WILL  REACH  THE  REQUIRED AVERAGE WAGE WITHIN ONE HUNDRED FIFTY DAYS OF
 RECEIVING THE PAYMENT FROM THE APPLICANT AND  HOW  ANY  REMAINING  FUNDS

 S. 2006--A                         175                        A. 3006--A
 
 WILL  BE  DISBURSED IN THE EVENT THAT THE THIRD PARTY FUND ADMINISTRATOR
 CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE  YEAR
 OF  RECEIVING AGENCY APPROVAL.  IN THE EVENT THAT THE APPLICANT FAILS TO
 MAKE  SUCH  PAYMENT  WITHIN  THE TIME PERIOD PRESCRIBED IN THIS SUBPARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND  DOLLARS
 PER  WEEK  PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND
 DOLLARS; OR (B) IF THE AVERAGE HOURLY WAGE IS MORE THAN FIFTEEN  PERCENT
 BELOW  THE  MINIMUM  AVERAGE HOURLY WAGE REQUIRED BY SUBPARAGRAPH (I) OR
 (II) OF THIS PARAGRAPH, AS APPLICABLE, THEN NO LATER  THAN  ONE  HUNDRED
 TWENTY  DAYS  FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED
 PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD PARTY FUND ADMINIS-
 TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN  THE
 PROJECT-WIDE  PAYROLL  REPORT.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 DISTRIBUTE SUCH  PAYMENT  TO  THE  CONSTRUCTION  WORKERS  WHO  PERFORMED
 CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
 THE  THIRD  PARTY  FUND  ADMINISTRATOR SHALL SUBMIT TO THE AGENCY A PLAN
 SUBJECT TO THE AGENCY'S APPROVAL SETTING FORTH THE MANNER IN  WHICH  THE
 THIRD  PARTY  FUND  ADMINISTRATOR  WILL  REACH THE REQUIRED AVERAGE WAGE
 WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM  THE  APPLI-
 CANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE
 THIRD  PARTY  FUND  ADMINISTRATOR  CANNOT  DISTRIBUTE  THE  FUNDS TO THE
 CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING AGENCY APPROVAL.    IN
 ADDITION,  THE  AGENCY  SHALL  IMPOSE  A  PENALTY ON THE APPLICANT IN AN
 AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE  AMOUNT  OF  THE  DEFICIENCY,
 PROVIDED,  HOWEVER,  THAT THE AGENCY SHALL NOT IMPOSE SUCH PENALTY WHERE
 THE ELIGIBLE MULTIPLE DWELLING HAS BEEN THE  SUBJECT  OF  A  JOB  ACTION
 WHICH  RESULTS  IN  A  WORK  DELAY.  ANY PAYMENTS RECEIVED BY THE AGENCY
 PURSUANT TO THIS SUBPARAGRAPH SHALL BE USED TO PROVIDE AFFORDABLE  HOUS-
 ING.  IN  THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN
 THE TIME PERIOD PRESCRIBED IN THIS SUBPARAGRAPH, THE APPLICANT SHALL  BE
 SUBJECT  TO  A  FINE OF ONE THOUSAND DOLLARS PER WEEK, PROVIDED THAT THE
 MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS. NOTWITHSTANDING ANY
 PROVISION OF THIS PARAGRAPH, THE APPLICANT SHALL NOT BE  LIABLE  IN  ANY
 RESPECT  WHATSOEVER  FOR  ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR
 RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR  FOR  FRAUDU-
 LENT  OR  INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDU-
 LENT OR INACCURATE PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS,  PROVIDED,
 HOWEVER,  THAT  PAYMENT  TO  THE  THIRD  PARTY FUND ADMINISTRATOR IN THE
 AMOUNT SET  FORTH  IN  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT  AS
 DESCRIBED  IN THIS SUBPARAGRAPH SHALL STILL BE MADE BY THE CONTRACTOR OR
 SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM OR CAUSED  BY
 THE  CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT WILL BE LIABLE
 FOR UNDERPAYMENT TO THE THIRD  PARTY  ADMINISTRATOR  UNLESS  THE  AGENCY
 DETERMINES, IN ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT
 OF,  OR  CAUSED  BY,  CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR
 FRAUDULENT OR INACCURATE CONTRACTOR  CERTIFIED  PAYROLL  REPORTS  AND/OR
 PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS. THE APPLICANT SHALL OTHERWISE
 NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD  PARTY
 FUND  ADMINISTRATOR  HAS  BEEN  MADE  IN  THE  AMOUNT  SET  FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT.
   (VIII) NOTHING IN THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO  CONFER  A
 PRIVATE  RIGHT  OF  ACTION  TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH,
 PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER
 OF ANY EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR  REPRESENTATIVES
 RELATED  TO  WAGE  AND  BENEFIT  COLLECTION,  WAGE  THEFT OR OTHER LABOR
 PROTECTIONS OR RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS  PARA-

 S. 2006--A                         176                        A. 3006--A
 
 GRAPH  RELIEVES  ANY  OBLIGATIONS  PURSUANT  TO  A COLLECTIVE BARGAINING
 AGREEMENT.
   (IX)  A  RENTAL  PROJECT  CONTAINING THREE HUNDRED OR MORE RESIDENTIAL
 DWELLING UNITS NOT LOCATED WITHIN THE ENHANCED  AFFORDABILITY  AREA  MAY
 ELECT  TO COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH.  SUCH ELECTION
 SHALL BE MADE IN THE APPLICATION AND SHALL NOT  THEREAFTER  BE  CHANGED.
 SUCH  RENTAL  PROJECT  SHALL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS
 PARAGRAPH AND SHALL BE DEEMED TO BE LOCATED WITHIN THE BROOKLYN ENHANCED
 AFFORDABILITY AREA OR THE QUEENS ENHANCED  AFFORDABILITY  AREA  FOR  THE
 PURPOSES OF THIS PARAGRAPH.
   [(c)]  (D)  Tax  payments.  In  addition  to any other amounts payable
 pursuant to this subdivision, the owner of any eligible  site  receiving
 [421-a]  AFFORDABLE NEW YORK HOUSING PROGRAM benefits shall pay, in each
 tax year in which such [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits are in effect, real property taxes and assessments as follows:
   (i) with respect to each eligible  multiple  dwelling  constructed  on
 such  eligible  site,  real  property taxes on the assessed valuation of
 such land and any improvements thereon in effect  during  the  tax  year
 prior to the commencement date of such eligible multiple dwelling, with-
 out  regard to any exemption from or abatement of real property taxation
 in effect during such tax year,  which  real  property  taxes  shall  be
 calculated  using the tax rate in effect at the time such taxes are due;
 and
   (ii) all assessments for local improvements.
   [(d)] (E) Limitation on benefits for  non-residential  space.  If  the
 aggregate floor area of commercial, community facility and accessory use
 space  in an eligible site, other than parking which is located not more
 than twenty-three feet above the curb level, exceeds twelve  percent  of
 the  aggregate  floor area in such eligible site, any [421-a] AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits shall be reduced by a percentage equal
 to such excess. If an eligible site contains multiple tax lots, the  tax
 arising  out  of  such  reduction in [421-a] AFFORDABLE NEW YORK HOUSING
 PROGRAM benefits shall first be apportioned pro rata among any non-resi-
 dential tax lots. After any such  non-residential  tax  lots  are  fully
 taxable,  the  remainder  of  the  tax  arising out of such reduction in
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits, if any,  shall  be
 apportioned pro rata among the remaining residential tax lots.
   [(e)]  (F)  Calculation  of benefit. Based on the certification of the
 agency certifying the applicant's eligibility for [421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM  benefits,  the  assessors  shall  certify  to  the
 collecting officer the amount of taxes to be exempted.
   [(f)] (G) Affordability requirements. During the restriction period, a
 rental project shall comply with either affordability option A, afforda-
 bility option B, or affordability option C or for purposes of a homeown-
 ership  project,  such project shall comply with affordability option D.
 Such election shall be made in the application and shall not  thereafter
 be  changed. The rental project shall also comply with all provisions of
 this paragraph during the restriction period and with subparagraph (iii)
 of this paragraph both during and after the restriction  period  to  the
 extent provided in such subparagraph.  A RENTAL PROJECT CONTAINING THREE
 HUNDRED  OR  MORE RENTAL DWELLING UNITS LOCATED IN THE ENHANCED AFFORDA-
 BILITY AREA OR A RENTAL PROJECT CONTAINING THREE HUNDRED OR MORE  RENTAL
 DWELLING  UNITS NOT LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA WHICH
 ELECTS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION SHALL COMPLY WITH  EITHER  AFFORDABILITY  OPTION  E,  AFFORDABILITY
 OPTION  F, OR AFFORDABILITY OPTION G. SUCH ELECTION SHALL BE MADE IN THE

 S. 2006--A                         177                        A. 3006--A
 
 APPLICATION AND SHALL NOT THEREAFTER BE  CHANGED.  SUCH  RENTAL  PROJECT
 SHALL  ALSO  COMPLY  WITH  ALL  PROVISIONS  OF THIS PARAGRAPH DURING THE
 EXTENDED RESTRICTION PERIOD AND WITH SUBPARAGRAPH (III)  OF  THIS  PARA-
 GRAPH  BOTH  DURING  AND  AFTER  THE  EXTENDED RESTRICTION PERIOD TO THE
 EXTENT PROVIDED IN SUCH PARAGRAPH.
   (i) Affordable units LOCATED IN A RENTAL PROJECT shall share the  same
 common  entrances  and  common areas as market rate units IN SUCH RENTAL
 PROJECT, and shall not be isolated to a specific floor  or  area  of  [a
 building]  THE  RENTAL  PROJECT.    Common entrances shall mean any area
 regularly used by any resident OF THE RENTAL  PROJECT  for  ingress  and
 egress from [a multiple dwelling] THE RENTAL PROJECT; and
   (ii) Unless preempted by the requirements of a federal, state or local
 housing  program, either (A) the affordable housing units in an eligible
 site shall have a unit mix proportional to the market units, or  (B)  at
 least  fifty percent of the affordable housing units in an eligible site
 shall have two or more bedrooms and no more than twenty-five percent  of
 the affordable housing units shall have less than one bedroom.
   (iii)  Notwithstanding  any  provision  of  rent  stabilization to the
 contrary, all affordable housing units shall be fully  subject  to  rent
 stabilization during the restriction period, provided that tenants hold-
 ing  a  lease  and  in occupancy of such affordable housing units at the
 expiration of the restriction period shall have the right to  remain  as
 rent stabilized tenants for the duration of their occupancy.
   (iv)  All rent stabilization registrations required to be filed pursu-
 ant to subparagraph (iii) of this paragraph shall contain a  designation
 that  specifically  identifies affordable housing units created pursuant
 to this subdivision as "[421-a]  AFFORDABLE  NEW  YORK  HOUSING  PROGRAM
 affordable  housing  units"  and  shall  contain  an  explanation of the
 requirements that apply to all such affordable housing units.
   (v) Failure to comply with  the  provisions  of  this  paragraph  that
 require  the  creation,  maintenance,  rent stabilization compliance and
 occupancy of affordable housing units or for purposes of a homeownership
 project the failure to comply with affordability option D  shall  result
 in  revocation  of any [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits for the period of such non-compliance.
   (vi) Nothing in this subdivision shall (A) prohibit the  occupancy  of
 an  affordable  housing  unit by individuals or families whose income at
 any time is less than the maximum percentage of the area median  income,
 adjusted  for  family  size,  specified for such affordable housing unit
 pursuant to this subdivision, or (B) prohibit the owner of  an  eligible
 site  from requiring, upon initial rental or upon any rental following a
 vacancy, the occupancy of any affordable  housing  unit  by  such  lower
 income individuals or families.
   (vii)  Following  issuance of a temporary certificate of occupancy and
 upon each vacancy thereafter, an affordable housing unit shall  promptly
 be  offered  for rental by individuals or families whose income does not
 exceed the maximum percentage of the area median  income,  adjusted  for
 family size, specified for such affordable housing unit pursuant to this
 subdivision  and  who  intend  to occupy such affordable housing unit as
 their primary residence. An affordable housing unit  shall  not  be  (A)
 rented  to  a  corporation, partnership or other entity, or (B) held off
 the market for a period longer than is reasonably necessary  to  perform
 repairs  needed to make such affordable housing unit available for occu-
 pancy.
   (viii) An affordable housing unit shall not be rented on a  temporary,
 transient  or  short-term  basis. Every lease and renewal thereof for an

 S. 2006--A                         178                        A. 3006--A

 affordable housing unit shall be for a term of one or two years, at  the
 option of the tenant.
   (ix)  An affordable housing unit shall not be converted to cooperative
 or condominium ownership.
   (x) The agency may establish by rule such requirements as  the  agency
 deems necessary or appropriate for (A) the marketing of affordable hous-
 ing  units,  both upon initial occupancy and upon any vacancy, (B) moni-
 toring compliance with the provisions of  this  paragraph  and  (C)  the
 marketing and monitoring of any homeownership project that is granted an
 exemption  pursuant  to this subdivision. Such requirements may include,
 but need not be limited to, retaining a monitor approved by  the  agency
 and paid for by the owner.
   (xi)  Notwithstanding any provision of this subdivision to the contra-
 ry, a market unit shall be subject to rent stabilization unless, in  the
 absence  of  [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, the
 owner would be entitled to remove such market unit from rent  stabiliza-
 tion  upon  vacancy  by  reason  of the monthly rent exceeding any limit
 established thereunder.
   [(g)] (H) Building service employees. (i) For  the  purposes  of  this
 paragraph,  "applicant"  shall  mean an applicant for [421-a] AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits, any successor to such  applicant,  or
 any  employer  of building service employees for such applicant, includ-
 ing, but not limited to, a property management company or contractor.
   (ii) All building service employees employed by the applicant  at  the
 eligible  site  shall  receive  the  applicable  prevailing wage for the
 entire restriction period.
   (iii)  The  fiscal  officer  shall  have  the  power  to  enforce  the
 provisions  of  this paragraph. In enforcing such provisions, the fiscal
 officer shall have the power:
   (A) to investigate or cause an investigation to be made  to  determine
 the  prevailing  wages  for  building  service employees; in making such
 investigation, the fiscal officer may utilize wage  and  fringe  benefit
 data  from  various  sources,  including,  but  not limited to, data and
 determinations of federal, state or other governmental agencies;
   (B) to institute and conduct inspections at the site of  the  work  or
 elsewhere;
   (C)  to  examine  the  books,  documents and records pertaining to the
 wages paid to, and the hours of  work  performed  by,  building  service
 employees;
   (D) to hold hearings and, in connection therewith, to issue subpoenas,
 administer  oaths  and  examine witnesses; the enforcement of a subpoena
 issued under this paragraph shall be regulated by the civil practice law
 and rules;
   (E) to make a classification by craft, trade or other generally recog-
 nized occupational category of the building  service  employees  and  to
 determine  whether  such work has been performed by the building service
 employees in such classification;
   (F) to require the applicant to file with the fiscal officer a  record
 of  the  wages  actually  paid by such applicant to the building service
 employees and of their hours of work;
   (G) to delegate any of the foregoing powers to his or  her  deputy  or
 other authorized representative; and
   (H)  to promulgate rules as he or she shall consider necessary for the
 proper execution of the duties, responsibilities  and  powers  conferred
 upon him or her by the provisions of this subparagraph.

 S. 2006--A                         179                        A. 3006--A
 
   (iv)  If  the  fiscal  officer  finds that the applicant has failed to
 comply with the provisions of this paragraph, he or  she  shall  present
 evidence of such noncompliance to the agency.
   (v) Subparagraph (ii) of this paragraph shall not be applicable to:
   (A) an eligible multiple dwelling containing less than thirty dwelling
 units; or
   (B)  an  eligible multiple dwelling in which all of the dwelling units
 are affordable housing units and not less than  fifty  percent  of  such
 affordable  housing  units, upon initial rental and upon each subsequent
 rental following a vacancy during the restriction period, are affordable
 to and restricted to occupancy by individuals or families  whose  house-
 hold  income does not exceed one hundred twenty-five percent of the area
 median income, adjusted for family size, at the time that such household
 initially occupies such dwelling unit.
   [(h)] (I) Replacement ratio. If the land on which an eligible site  is
 located  contained any dwelling units three years prior to the commence-
 ment date of the first eligible multiple  dwelling  thereon,  then  such
 eligible  site  shall  contain  at least one affordable housing unit for
 each dwelling unit that existed on such date and was  thereafter  demol-
 ished, removed or reconfigured.
   [(i)]  (J)  Concurrent exemptions or abatements. An eligible [multiple
 dwelling] SITE receiving [421-a] AFFORDABLE  NEW  YORK  HOUSING  PROGRAM
 benefits shall not receive any exemption from or abatement of real prop-
 erty taxation under any other law.
   [(j)]  (K)  Voluntary renunciation or termination. Notwithstanding the
 provisions of any general, special or local  law  to  the  contrary,  an
 owner  shall  not  be  entitled to voluntarily renounce or terminate any
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits unless  the  agency
 authorizes  such  renunciation  or  termination  in  connection with the
 commencement of a new tax exemption pursuant to either the private hous-
 ing finance law or section four hundred twenty-c of this title.
   [(k)] (L) Termination or  revocation.  The  agency  may  terminate  or
 revoke  [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits for noncom-
 pliance with this subdivision, PROVIDED, HOWEVER, THAT THE AGENCY  SHALL
 NOT TERMINATE OR REVOKE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS FOR
 A  FAILURE TO COMPLY WITH PARAGRAPH (C) OF THIS SUBDIVISION.  If [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits are terminated  or  revoked
 for  noncompliance with this subdivision, [all of the affordable housing
 units shall remain subject to rent stabilization or for a  homeownership
 project  such project shall continue to comply with affordability option
 D of this subdivision and all other requirements of this subdivision for
 the restriction period and any additional period expressly  provided  in
 this  subdivision,  as  if the 421-a benefits had not been terminated or
 revoked] (I) ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
 RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF  THIS  SUBDIVISION  FOR
 THE  RESTRICTION  PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN
 THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS
 HAD NOT BEEN TERMINATED OR REVOKED; (II) ALL OF THE MARKET RATE  HOUSING
 UNITS  SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIRE-
 MENTS OF THIS SUBDIVISION FOR THE RESTRICTION PERIOD AND ANY  ADDITIONAL
 PERIOD  EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE AFFORDABLE NEW
 YORK HOUSING PROGRAM  BENEFITS  HAD  NOT  BEEN  TERMINATED  OR  REVOKED,
 PROVIDED, HOWEVER, THAT THE OWNER SHALL STILL BE ENTITLED TO REMOVE SUCH
 MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
 LY  RENT  EXCEEDING  ANY  LIMIT  ESTABLISHED  THEREUNDER; (III) OR FOR A
 HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORD-

 S. 2006--A                         180                        A. 3006--A
 
 ABILITY OPTION D OF THIS SUBDIVISION AND ALL OTHER REQUIREMENTS OF  THIS
 SUBDIVISION  FOR  THE  RESTRICTION  PERIOD  AND  ANY  ADDITIONAL  PERIOD
 EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE  AFFORDABLE  NEW  YORK
 HOUSING PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   [(l)] (M) Powers cumulative. The enforcement provisions of this subdi-
 vision  shall not be exclusive, and are in addition to any other rights,
 remedies, or enforcement powers set forth in any other law or  available
 at law or in equity.
   [(m)] (N) Multiple tax lots. If an eligible site contains multiple tax
 lots,  an  application  may  be submitted with respect to one or more of
 such tax lots.  The  agency  shall  determine  eligibility  for  [421-a]
 AFFORDABLE  NEW  YORK  HOUSING  PROGRAM benefits based upon the tax lots
 included in such application AND BENEFITS  FOR  EACH  MULTIPLE  DWELLING
 SHALL COMMENCE UPON COMMENCEMENT OF CONSTRUCTION OF SUCH MULTIPLE DWELL-
 ING.
   [(n)] (O) Applications. (i) The application with respect to any eligi-
 ble  multiple dwelling shall be filed with the agency not later than one
 year after the completion date of such eligible multiple dwelling.
   (ii) Notwithstanding the provisions of any general, special  or  local
 law to the contrary, the agency may require by rule that applications be
 filed electronically.
   (iii) The agency may rely on certification by an architect or engineer
 submitted  by  an applicant in connection with the filing of an applica-
 tion. A false certification by  such  architect  or  engineer  shall  be
 deemed  to  be  professional  misconduct  pursuant to section sixty-five
 hundred nine of the education law. Any licensee  found  guilty  of  such
 misconduct under the procedures prescribed in section sixty-five hundred
 ten of the education law shall be subject to the penalties prescribed in
 section sixty-five hundred eleven of the education law, and shall there-
 after  be ineligible to submit a certification pursuant to this subdivi-
 sion.
   (IV) THE AGENCY SHALL  NOT  REQUIRE  THAT  THE  APPLICANT  DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   [(o)]  (P)  Filing  fee.  The agency may require a filing fee of three
 thousand dollars per dwelling unit in connection with  any  application.
 However,  the  agency  may  promulgate  rules  imposing a lesser fee for
 eligible sites containing eligible multiple dwellings  constructed  with
 the  substantial  assistance of grants, loans or subsidies provided by a
 federal, state or local governmental agency or instrumentality  pursuant
 to a program for the development of affordable housing.
   [(p)]  (Q)  Rules. THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE
 THE PROVISIONS OF THIS SUBDIVISION. The agency  [may]  SHALL  promulgate
 rules  to  carry  out the provisions of this subdivision, INCLUDING, BUT
 NOT LIMITED TO, PROVISIONS RELATED TO THE  CALCULATION  OF  THE  AVERAGE
 HOURLY WAGE.
   [(q)  Authority of city to enact local law. Except as otherwise speci-
 fied in this subdivision, a city to which this subdivision is applicable
 may enact a local law to restrict, limit or  condition  the  eligibility
 for  or  the  scope  or amount of 421-a benefits in any manner, provided
 that such local law may not grant 421-a benefits beyond  those  provided
 in  this  subdivision and provided further that such local law shall not
 take effect sooner than one year after it is enacted. The provisions  of
 sections  11-245  and 11-245.1 of the administrative code of the city of
 New York or of any other local law of the city of  New  York  that  were
 enacted  on  or  before the effective date of the chapter of the laws of

 S. 2006--A                         181                        A. 3006--A

 two thousand fifteen which added  this  paragraph  shall  not  restrict,
 limit  or  condition the eligibility for or the scope or amount of 421-a
 benefits pursuant to this subdivision.]
   (r)  Election.  Notwithstanding  anything  in  this subdivision to the
 contrary, [if a memorandum  of  understanding  pursuant  to  subdivision
 sixteen-a  of  this  section  has  been  executed and noticed,] a rental
 project or homeownership project with a commencement date on  or  before
 December  thirty-first, two thousand fifteen that has not received bene-
 fits pursuant to this section prior to the effective date of the chapter
 of the laws of two thousand fifteen  that  added  this  subdivision  may
 elect to comply with this subdivision and receive [421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM benefits pursuant to this subdivision.
   § 4. Subdivision 16-a of section 421-a of the real property tax law is
 REPEALED.
   § 5. 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.
   § 6. This act shall take effect immediately;  and  provided,  however,
 that  sections  one,  two, and three of this act shall be deemed to have
 been in full force and effect on and after January 1, 2016.
 
                                  PART T
 
   Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 2000, is amended to read as
 follows:
   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 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 with the consent of the district attorney, order that  the
 action  be  removed  from  the  court  in which the matter is pending to
 another local criminal court in the same county which  has  been  desig-
 nated  a  drug  court  by  the  chief administrator of the courts, OR TO
 ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY OR AN  ADJOINING  COUNTY
 THAT  HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS, and such drug court OR VETERANS TREATMENT  COURT
 may  then  conduct  such  action  to [judgement] 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 drug court
 OR VETERANS TREATMENT 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 drug court OR VETERANS TREATMENT COURT  shall  promptly

 S. 2006--A                         182                        A. 3006--A
 
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 2. Subdivision 3 of section 180.20 of the criminal procedure law, as
 amended  by  chapter  67  of  the  laws  of  2000, is amended to read as
 follows:
   3. 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  with  the  consent  of  the
 district  attorney,  order  that the action be removed from the court in
 which the matter is pending to another local criminal court in the  same
 county which has been designated a drug court by the chief administrator
 of  the  courts,  OR TO ANOTHER COURT IN THE SAME COUNTY OR AN ADJOINING
 COUNTY THAT HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE  CHIEF
 ADMINISTRATOR  OF  THE COURTS, and such drug court OR VETERANS TREATMENT
 COURT may then dispose of such felony complaint pursuant to  this  arti-
 cle;  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 drug court OR
 VETERANS TREATMENT 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  drug court OR VETERANS TREATMENT COURT shall promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 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
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   § 4. This act shall take effect immediately.

                                  PART U
 
   Section  1. The executive law is amended by adding a new article 51 to
 read as follows:
                                 ARTICLE 51
                 DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS
 SECTION 1010. DIVISION OF CENTRAL ADMINISTRATION HEARINGS.
        1011. POWERS AND DUTIES.
   § 1010. DIVISION OF CENTRAL ADMINISTRATIVE HEARINGS.  THERE IS  HEREBY
 CREATED IN THE EXECUTIVE DEPARTMENT A DIVISION OF CENTRAL ADMINISTRATIVE
 HEARINGS  HEREINAFTER  IN  THIS ARTICLE CALLED THE DIVISION. THE HEAD OF
 SUCH DIVISION SHALL BE A CHIEF ADMINISTRATIVE LAW  JUDGE  WHO  SHALL  BE
 APPOINTED  BY  THE GOVERNOR AND SHALL HOLD OFFICE AT THE PLEASURE OF THE
 GOVERNOR.
   § 1011. POWERS AND DUTIES. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
 THE  CHIEF ADMINISTRATIVE LAW JUDGE MAY ESTABLISH, CONSOLIDATE, REORGAN-
 IZE OR ABOLISH ANY ADMINISTRATIVE  HEARING  FUNCTION  WITHIN  ANY  CIVIL
 DEPARTMENT  AS  HE  OR  SHE DETERMINES TO BE NECESSARY FOR THE EFFICIENT
 OPERATION OF THE DIVISION,  PROVIDED  THAT  ANY  SUCH  ACTIONS  MUST  BE

 S. 2006--A                         183                        A. 3006--A
 
 APPROVED  BY  THE DIRECTOR OF THE BUDGET PURSUANT TO A PLAN SUBMITTED TO
 THE DIRECTOR, AND PROVIDED FURTHER THAT SUCH AUTHORITY SHALL  NOT  APPLY
 TO THE DEPARTMENT OF LAW AND THE DEPARTMENT OF AUDIT AND CONTROL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  any  actions  necessary  to  be taken for the implementation of the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.
   § 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 U of this act shall  be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2006--B
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence  and  the apportionment of public moneys; to amend the education
   law, in relation to requiring the commissioner of education to include
   certain information in the official score report of all  students;  to
   amend the education law, in relation to textbooks; to amend the educa-
   tion  law, in relation to English language learner pupils; in relation
   to direct certification data; to amend the education law, in  relation
   to  community  school  aid; to amend the education law, in relation to
   building aid; to amend the education  law,  in  relation  to  academic
   enhancement  aid;  to amend the education law, in relation to high tax
   aid; to amend the education law, in relation to the teachers of tomor-
   row teacher recruitment and retention program; to amend the  education
   law, in relation to class sizes for special classes containing certain
   students  with disabilities; to amend 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 suspen-
   sion of pupils who bring a firearm  to  or  possess  a  firearm  at  a
   school, in relation to the effectiveness thereof; to amend the general
   municipal  law,  in  relation  to  the  purchase  of  food  by  school
   districts; 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 effective-
   ness 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  chap-
   ter  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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12572-05-7

 S. 2006--B                          2
 
   year; to amend chapter 756 of the laws of 1992, relating to funding  a
   program for work force education conducted by the consortium for work-
   er education in New York city, in relation to withholding a portion of
   employment preparation education aid and in relation to the effective-
   ness  thereof;  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  effec-
   tiveness  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 effec-
   tiveness  thereof;  relating to school bus driver training; relates to
   special apportionment for salary expenses and public pension accruals;
   relating to the city school district of the city of Rochester; relates
   to total foundation aid for the purpose of  the  development,  mainte-
   nance or expansion of certain magnet schools or magnet school programs
   for  the  2017-2018  school year; and relates to the support of public
   libraries (Part A); to amend the education law, in relation  to  total
   foundation  aid; to amend chapter 507 of the laws of 1974, relating to
   providing for the apportionment of state monies to  certain  nonpublic
   schools,  to  reimburse  them  for  their  expenses  in complying with
   certain state requirements for the administration of state testing and
   evaluation programs and for participation in state  programs  for  the
   reporting of basic educational data, in relation to the state's immun-
   ization  program;  to  amend the education law, in relation to charter
   school  participation  in  universal  pre-kindergarten  programs,   in
   relation to the total number of charter schools, in relation to build-
   ing  aid  for  schools,  in  relation  to funding for critical support
   personnel, in relation to the salary  of  certain  teachers  providing
   instruction  in career and technical education to school age students,
   in relation to establishing the state office of nonpublic schools,  in
   relation  to  grants  for  hiring teachers, in relation to contracting
   with school districts to educate Native American pupils,  in  relation
   to  compliance  with  certain  regulations for hiring a teacher who is
   dual-certified, in relation to a waiver program for school  districts,
   in   relation  to  the  internal  audit  function  of  certain  school
   districts, in relation to moneys apportioned for students  with  disa-
   bilities, in relation to state aid adjustments, in relation to extend-
   ing  provisions  for internal audits by school districts from annually
   to every five years, in relation  to  criminal  background  checks  of
   certain  prospective  employees, authorizing the withdrawal of certain
   funds by school districts; to  amend  the  tax  law,  in  relation  to
   exempting school buses and certain equipment from sales and compensat-
   ing use tax; to amend the education law, in relation to transportation
   reimbursement  of  certain  costs  incurred by licensed transportation
   carriers in the city of New York and in relation to the  extension  of
   certain  transportation  contracts;  to  amend  the  education law, in
   relation to requiring the board of regents to request a  fiscal  note;
   to  amend the public authorities law, in relation to special financing
   authority for public  school  districts  impacted  by  tax  certiorari
   settlements  in  excess of the total budget of the school district; to
   amend the education law, in  relation  to  universal  pre-kindergarten
   aid;  to amend part CC of chapter 56 of the laws of 2014, amending the
   education law relating  to  universal  full-day  pre-kindergarten,  in
   relation  to providing for the repeal of such provisions; to amend the
   education law, in relation to the eligibility of parents  of  children

 S. 2006--B                          3
 
   attending  pre-kindergarten  programs to serve on a community district
   education council; to amend chapter 57 of the laws  of  2008  amending
   the  education law relating to the universal pre-kindergarten program,
   in  relation to extending the expiration of certain provisions of such
   chapter;  to  amend  the  education  law,  in  relation  to   security
   reimbursements  for  nonpublic  schools;  to  repeal subdivision 11 of
   section 94 of part C of chapter 57 of the laws  of  2004  relating  to
   support  of  education, relating thereto; and providing for the repeal
   of certain provisions upon expiration thereof (Part A-1); to amend the
   education law, in relation to enacting "Erin Merryn's law" (Part A-2);
   in relation to the closure of the Indian  Point  nuclear  power  plant
   located within the Hendrick Hudson central school district (Part A-3);
   to amend the education law, in relation to the establishment of Recov-
   ery  High  Schools  by boards of cooperative educational services; and
   providing for the repeal of such provisions  upon  expiration  thereof
   (Part  B); to amend the education law, in relation to the education of
   homeless children (Part C); intentionally  omitted  (Part  D);  inten-
   tionally  omitted  (Part  E);  intentionally  omitted (Part F); inten-
   tionally omitted (Part G);  intentionally  omitted  (Part  H);  inten-
   tionally  omitted  (Part  I); intentionally omitted (Part J); to amend
   chapter 83 of the laws of 2002, amending the executive law  and  other
   laws relating to funding for children and family services, in relation
   to  extending  the effectiveness thereof (Subpart A); and to amend the
   social services law and the education law, in relation to  restructur-
   ing  financing for residential school placements (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  addi-
   tional  length  of  stay  for  youth in residential programs (Part M);
   intentionally omitted (Part N); to amend the social services  law  and
   the  tax law, in relation to increasing the amount of lottery winnings
   that the state can recoup related to current and former public assist-
   ance recipients (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 state-
   wide central register of child abuse  and  maltreatment  and  allowing
   additional  reviews  of  criminal  history  information  (Part  Q); to
   utilize reserves in the mortgage insurance fund  for  various  housing
   purposes  (Part R); to amend the real property tax law, in relation to
   the affordable New York housing program; to amend the emergency  hous-
   ing  rent control law, the emergency tenant protection act of nineteen
   seventy-four, and the administrative code of the city of New York,  in
   relation  to  making  technical corrections; and to repeal subdivision
   16-a of section 421-a and section 467-i of the real property  tax  law
   relating  to  real  property tax abatement and the affordable New York
   housing program (Part S); to amend the  criminal  procedure  law,  the
   judiciary law and the executive law, in relation to removal of a crim-
   inal  action  to  a  veterans  treatment court (Part T); intentionally
   omitted (Part U); to amend the education law,  in  relation  to  state
   appropriations  to  the  state  university  of  New  York and the city
   university of New York (Part V); to amend the education law, the state
   finance law, the civil practice law and rules  and  the  tax  law,  in
   relation  to  establishing  the  New  York state pre-paid tuition plan
   (Part W); to establish a private student loan  refinance  task  force;

 S. 2006--B                          4
 
   and providing for the repeal of such provisions upon expiration there-
   of  (Part  X); to amend the education law, in relation to college room
   and board price disclosure (Part Y); to amend the  education  law,  in
   relation  to  the  New York state science, technology, engineering and
   mathematics incentive program (Part Z); to amend the education law, in
   relation to the college affordability planning committee (Part AA); to
   amend the education law, in relation to the state  university  of  New
   York  student  telecounseling  network (Part BB); to amend the private
   housing finance law, in relation to the mobile and  manufactured  home
   replacement  program  (Part  CC); to amend the private housing finance
   law, in relation to establishing the New York state first home savings
   program, which authorizes first time home buyers to establish  savings
   accounts  to purchase a home; and to amend the tax law, in relation to
   establishing a personal income tax deduction for  deposits  into  such
   accounts  (Part  DD);  to  amend  the  private housing finance law, in
   relation to establishing the affordable senior  housing  and  services
   program  (Part EE); to amend the real property tax law, in relation to
   tax abatements for dwelling units occupied by certain persons residing
   in rent-controlled or rent regulated properties (Part FF);  to  estab-
   lish  the New York city tax reform study commission, and providing for
   its powers and duties (Part GG); to amend the  general  municipal  law
   and  the  municipal home rule law, in relation to establishing limita-
   tions upon real property tax levies in cities with a population of one
   million or more (Part HH); to amend the real  property  tax  law,  the
   administrative code of the city of New York and the real property law,
   in  relation to classifying properties held in condominium and cooper-
   ative form for assessment purposes as class one-a properties;  and  to
   repeal certain provisions of the real property tax law relating there-
   to  (Part  II);  to  amend  the  real property tax law, in relation to
   increasing the allowable maximum income of  persons  occupying  rental
   units otherwise eligible for tax abatement in certain cases (Part JJ);
   to  amend the administrative code of the city of New York, in relation
   to the establishment of homeless shelters and  the  use  of  units  in
   privately owned hotels for the provision of housing for homeless indi-
   viduals  (Part  KK);  to amend the public housing law and the New York
   city charter, in relation to authorizing the New York city council  to
   oversee  the  activities  of the New York city housing authority (Part
   LL); to amend the administrative code of the city of New York and  the
   public  housing  law,  in  relation  to establishing the New York city
   housing authority repair certificate program (Part MM); to  amend  the
   public  housing  law,  in  relation  to preferences and priorities for
   prospective public housing and section 8 tenants in the  city  of  New
   York (Part NN); to amend the public housing law, in relation to veter-
   ans' eligibility for public housing (Part OO); to amend the labor law,
   in  relation  to  exemptions  from  licensure  requirements  for  mold
   inspection, assessment and remediation (Part PP); to amend the  public
   housing  law, in relation to providing for the appointment of an inde-
   pendent monitor for the New York city housing authority, and providing
   for the powers and duties of such monitor  (Part  QQ);  to  amend  the
   social  services  law  and the banking law, in relation to authorizing
   banking institutions to refuse to disburse moneys in circumstances  of
   financial  exploitation of a vulnerable adult (Part RR); to direct the
   office of children and family services to examine, evaluate  and  make
   recommendations  on  the  availability  of  day care for children; and
   providing for the repeal of such provisions  upon  expiration  thereof
   (Part  SS); to amend the social services law, in relation to safety in

 S. 2006--B                          5
 
   child day care programs (Part TT); to  amend  the  education  law,  in
   relation  to  establishing  the  New  York  State child welfare worker
   incentive scholarship program and the New  York  State  child  welfare
   worker  loan  forgiveness  incentive  program  (Part UU); to amend the
   education law, in relation to tuition assistance  program  awards  for
   certain  graduate  students  (Part VV); to amend the education law, in
   relation to establishing enhanced tuition  assistance  program  awards
   (Part  WW);  to  amend  the education law, in relation to establishing
   part-time tuition assistance  program  awards  for  community  college
   students  at  the state university of New York (Part XX); to amend the
   education law, in relation to establishing the community college fund-
   ing study (Part YY); to amend part K of chapter 54 of the laws of 2016
   relating to the rate of minimum wage, in relation to  smoothing  wages
   and  modifying  an  existing  wage  order  (Part ZZ); and to amend the
   retirement and social security law, in relation to the earnings  limi-
   tation for certain retired police officers (Part AAA)
 
   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 AAA. The effective date for  each  partic-
 ular  provision  contained  within  such  Part  is set forth in the last
 section of such Part. Any provision in any section  contained  within  a
 Part,  including 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

 S. 2006--B                          6
 
 two thousand eleven--two thousand twelve school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for the two thousand twelve--two thousand  thir-
 teen  school  year  which  shall,  notwithstanding  the  requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  eleven--two  thousand  twelve  school  year and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand twelve--two thousand thirteen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year and provided further that,  a  school  district  that  submitted  a
 contract  for  excellence  for  the  two thousand thirteen--two thousand
 fourteen school year, unless all schools in the district are  identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 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, A  SCHOOL  DISTRICT  WITH  A  POPULATION  OF  ONE
 MILLION  OR  MORE  THAT  SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO
 THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS
 IN THE DISTRICT ARE IDENTIFIED AS  IN  GOOD  STANDING,  SHALL  SUBMIT  A
 CONTRACT  FOR  EXCELLENCE  FOR  THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN 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 SIXTEEN--TWO THOUSAND SEVENTEEN  SCHOOL  YEAR.  For
 purposes  of this paragraph, the "gap elimination adjustment percentage"

 S. 2006--B                          7
 
 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 adjust-
 ment  computed  pursuant to chapter fifty-three of the laws of two thou-
 sand eleven, making appropriations  for  the  local  assistance  budget,
 including  support  for  general  support  for public schools. Provided,
 further, that such amount shall be  expended  to  support  and  maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand  ten  school  year  or  to  support  new  or expanded allowable
 programs and 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 OFFICE
 OF THE CHANCELLOR SHALL INCLUDE A NOTICE IN THE OFFICIAL SCORE REPORT OF
 ALL  STUDENTS  WHO  RECEIVED  A  SCORE OF "ADVANCED" ON THE EIGHTH GRADE
 STATE ASSESSMENT IN EITHER ENGLISH LANGUAGE ARTS OR MATHEMATICS, INFORM-
 ING THE STUDENT OF OPPORTUNITIES TO APPLY FOR ADMISSION TO THE  SPECIAL-
 IZED  HIGH  SCHOOLS  AUTHORIZED  IN  PARAGRAPH  (B)  OF SUBDIVISION 1 OF
 SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
   § 3. Subdivision 2 of section 701 of the education law, as amended  by
 section  1  of part A-1 of chapter 58 of the laws of 2011, is amended to
 read as follows:
   2. A text-book, for the purposes of this section shall mean:  (i)  any
 book,  or  a book substitute, which shall include hard covered or paper-
 back books, work books, or manuals and (ii) for expenses incurred  after
 July  first,  nineteen  hundred  ninety-nine,  any  courseware  or other
 content-based instructional materials in an electronic format,  as  such
 terms  are defined in the regulations of the commissioner, which a pupil
 is required to use as a text, or  a  text-substitute,  in  a  particular
 class  or  program in the school he or she legally attends. For expenses
 incurred on or after July first, two thousand eleven, a text-book  shall
 also  mean  items  of expenditure that are eligible for an apportionment
 pursuant to sections  seven  hundred  eleven,  seven  hundred  fifty-one
 and/or  seven  hundred  fifty-three  of this title, where such items are
 designated by the school district as eligible for aid pursuant  to  this
 section, provided, however, that if aided pursuant to this section, such
 expenses  shall not be aidable pursuant to any other section of law. FOR
 EXPENSES INCURRED ON OR AFTER JULY  FIRST,  TWO  THOUSAND  SEVENTEEN,  A
 TEXT-BOOK  SHALL  ALSO  MEAN  EXPENDITURES FOR HIGH QUALITY PROFESSIONAL
 DEVELOPMENT, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL  DISTRICT  AS
 ELIGIBLE  FOR  AID PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT THE
 TOTAL EXPENDITURES FOR HIGH QUALITY  PROFESSIONAL  DEVELOPMENT  ELIGIBLE
 FOR  AID  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE AMOUNT EQUAL TO
 THE DOCUMENTED REDUCTION OF  TEXTBOOK  EXPENDITURES  IN  THE  BASE  YEAR
 RESULTING  FROM  THE  USE  OF COURSEWARE OR OTHER CONTENT-BASED INSTRUC-
 TIONAL MATERIALS IN AN ELECTRONIC FORMAT PROVIDED TO THE SCHOOL DISTRICT
 WITHOUT CHARGE AND PROVIDED FURTHER  THAT  IF  AIDED  PURSUANT  TO  THIS
 SECTION,  SUCH  EXPENSES  SHALL  NOT  BE  AIDABLE  PURSUANT TO ANY OTHER
 SECTION OF LAW. Expenditures aided pursuant to this section shall not be
 eligible for aid pursuant to any other section  of  law.  Courseware  or

 S. 2006--B                          8
 
 other  content-based  instructional  materials  in  an electronic format
 included in the definition of  textbook  pursuant  to  this  subdivision
 shall be subject to the same limitations on content as apply to books or
 book substitutes aided pursuant to this section.
   § 4. Intentionally omitted.
   §  5. 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  ANY  PAYMENTS  MADE
 AFTER  THE  EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND
 SEVENTEEN THAT AMENDED THIS SUBPARAGRAPH, the city school district shall
 pay the charter school an amount attributable to the grade level  expan-
 sion  or  the  formation  of the new charter school that is equal to the
 lesser of:
   (A) the actual TOTAL FACILITY rental cost, INCLUDING BUT  NOT  LIMITED
 TO  LEASE PAYMENTS, MAINTENANCE, COSTS OF CAPITAL IMPROVEMENTS, COSTS OF
 OCCUPANCY, SECURITY, INSURANCE AND REAL PROPERTY TAXES, of  an  alterna-
 tive privately owned site selected by the charter school or
   (B)  [twenty]  THIRTY  percent  of the product of the charter school's
 basic tuition for the current school year and  (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)
 for a charter school which expands its grade  level,  pursuant  to  this
 article,  the  positive difference of the charter school's enrollment in
 the current school year minus the charter  school's  enrollment  in  the
 school year prior to the first year of the expansion.
   § 5-a. Paragraph c of subdivision 6-g of section 3602 of the education
 law,  as  amended by section 11-a of part A of chapter 54 of the laws of
 2016, is amended to read as follows:
   c. For purposes of this subdivision, the approved  expenses  attribut-
 able  to  a lease by a charter school of a privately owned site shall be
 the lesser of the actual [rent paid] TOTAL FACILITY RENTAL COST, INCLUD-
 ING BUT NOT LIMITED TO LEASE PAYMENTS,  MAINTENANCE,  COSTS  OF  CAPITAL
 IMPROVEMENTS,  COSTS OF OCCUPANCY, SECURITY, INSURANCE AND REAL PROPERTY
 TAXES, under the lease or the maximum cost allowance established by  the
 commissioner for leases aidable under subdivision six of this section.
   § 5-b. Paragraph (e) of subdivision 3 of section 2853 of the education
 law is amended by adding a new subparagraph 1-a to read as follows:
   (1-A)  THE  CO-LOCATION  SITE OR ALTERNATIVE SPACE OFFERED PURSUANT TO
 SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE  SUFFICIENT  TO  ACCOMMODATE
 ALL  OF A CHARTER SCHOOL'S GRADES AT A GIVEN SCHOOL LEVEL, AS DEFINED BY
 THE SCHOOL, TO BE EDUCATED AT A SINGLE LOCATION.
   § 6. Subdivision 41 of section 3602 of the education law, as added  by
 section  18 of part B of chapter 57 of the laws of 2007, the subdivision
 heading and opening paragraph as amended by section  20  of  part  B  of
 chapter 57 of the laws of 2008, is amended to read as follows:
   41.  Transitional  aid for charter school payments. In addition to any
 other apportionment under this section, for the two thousand  seven--two
 thousand  eight school year and thereafter, a school district other than
 a city school district in a city having a population of one  million  or
 more  shall  be  eligible for an apportionment in an amount equal to the
 sum of

 S. 2006--B                          9
 
   (a) the product of (i) the product of eighty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the base
 year less the number of resident pupils enrolled in a charter school  in
 the  year  prior  to  the  base  year,  provided, however, that a school
 district shall be eligible for an apportionment pursuant to  this  para-
 graph  only  if  the  number  of its resident pupils enrolled in charter
 schools in the base year exceeds  two  percent  of  the  total  resident
 public  school  district  enrollment of such school district in the base
 year or the total general fund payments made by such district to charter
 schools in the base year for resident pupils enrolled in charter schools
 exceeds two percent of total general fund expenditures of such  district
 in the base year, plus
   (b)  the product of (i) the product of sixty percent multiplied by the
 charter school basic tuition computed for such school district  for  the
 base  year  pursuant  to  section twenty-eight hundred fifty-six of this
 chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
 number  of  resident  pupils  enrolled in the charter school in the year
 prior to the base year less the number of resident pupils enrolled in  a
 charter  school  in the year two years prior to the base year, provided,
 however, that a school district shall be eligible for  an  apportionment
 pursuant  to  this  paragraph  only if the number of its resident pupils
 enrolled in charter schools in the year prior to the base  year  exceeds
 two  percent  of the total resident public school district enrollment of
 such school district in the year prior to the base  year  or  the  total
 general  fund  payments  made by such district to charter schools in the
 year prior to the base year for  resident  pupils  enrolled  in  charter
 schools  exceeds  two  percent of the total general fund expenditures of
 such district in the year prior to the base year, plus
   (c) the product of (i) the product of forty percent multiplied by  the
 charter  school  basic tuition computed for such school district for the
 base year pursuant to section twenty-eight  hundred  fifty-six  of  this
 chapter,  multiplied  by  (ii)  the  positive difference, if any, of the
 number of resident pupils enrolled in the charter school in the year two
 years prior to the base year less the number of resident pupils enrolled
 in a charter school in the year three years  prior  to  the  base  year,
 provided,  however,  that  a  school  district  shall be eligible for an
 apportionment pursuant to this paragraph only if the number of its resi-
 dent pupils enrolled in charter schools in the year two years  prior  to
 the  base  year  exceeds two percent of the total resident public school
 district enrollment of such school district in the year two years  prior
 to  the  base  year  or  the  total  general  fund payments made by such
 district to charter schools in the year two years prior to the base year
 for resident pupils enrolled in charter schools exceeds two  percent  of
 the  total  general  fund  expenditures of such district in the year two
 years prior to the base year[.], PLUS
   (d) FOR AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO  THOUSAND  NINE-
 TEEN  SCHOOL  YEAR THE PRODUCT OF (I) NINETY PERCENT, MULTIPLIED BY (II)
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR SUCH SCHOOL DISTRICT FOR THE BASE YEAR PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER LESS THE  CHARTER  SCHOOL
 BASIC  TUITION  COMPUTED  FOR  SUCH SCHOOL DISTRICT FOR THE TWO THOUSAND
 TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT  TO  SECTION  TWENTY-EIGHT
 HUNDRED  FIFTY-SIX  OF  THIS  CHAPTER, MULTIPLIED BY (III) THE NUMBER OF

 S. 2006--B                         10

 RESIDENT PUPILS ENROLLED  IN  THE  CHARTER  SCHOOL  IN  THE  BASE  YEAR,
 PROVIDED,  HOWEVER,  THAT  A  SCHOOL  DISTRICT  SHALL BE ELIGIBLE FOR AN
 APPORTIONMENT PURSUANT TO THIS PARAGRAPH ONLY IF THE NUMBER OF ITS RESI-
 DENT  PUPILS  ENROLLED  IN CHARTER SCHOOLS IN THE BASE YEAR EXCEEDS FIVE
 THOUSANDTHS (0.005) OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLL-
 MENT OF SUCH SCHOOL DISTRICT IN THE BASE YEAR OR THE TOTAL GENERAL  FUND
 PAYMENTS  MADE  BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE BASE YEAR FOR
 RESIDENT PUPILS ENROLLED IN CHARTER  SCHOOLS  EXCEEDS  FIVE  THOUSANDTHS
 (0.005)  OF  THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE
 BASE YEAR, PLUS
   (E) FOR AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY
 SCHOOL  YEAR  THE  PRODUCT  OF (I) SIXTY PERCENT, MULTIPLIED BY (II) THE
 POSITIVE DIFFERENCE,  IF  ANY,  OF  THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR  SUCH  SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS CHAPTER  LESS
 THE  CHARTER  SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT FOR
 THE TWO THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR  PURSUANT  TO
 SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER, MULTIPLIED BY
 (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE  CHARTER  SCHOOL  IN
 THE  YEAR  PRIOR  TO  THE  BASE  YEAR,  PROVIDED, HOWEVER, THAT A SCHOOL
 DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO  THIS  PARA-
 GRAPH  ONLY  IF  THE  NUMBER  OF ITS RESIDENT PUPILS ENROLLED IN CHARTER
 SCHOOLS IN THE YEAR PRIOR TO THE  BASE  YEAR  EXCEEDS  FIVE  THOUSANDTHS
 (0.005)  OF THE TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT OF SUCH
 SCHOOL DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR OR THE TOTAL  GENERAL
 FUND PAYMENTS MADE BY SUCH DISTRICT TO CHARTER SCHOOLS IN THE YEAR PRIOR
 TO THE BASE YEAR FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS
 FIVE  THOUSANDTHS (0.005) OF THE TOTAL GENERAL FUND EXPENDITURES OF SUCH
 DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR, PLUS
   (F) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-
 ONE  SCHOOL  YEAR  THE PRODUCT OF (I) THIRTY PERCENT, MULTIPLIED BY (II)
 THE POSITIVE DIFFERENCE, IF ANY, OF THE  CHARTER  SCHOOL  BASIC  TUITION
 COMPUTED  FOR  SUCH  SCHOOL DISTRICT FOR THE YEAR TWO YEARS PRIOR TO THE
 BASE YEAR PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED  FIFTY-SIX  OF  THIS
 CHAPTER  LESS  THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL
 DISTRICT FOR THE TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR
 PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-SIX OF THIS CHAPTER,
 MULTIPLIED BY (III) THE NUMBER OF RESIDENT PUPILS ENROLLED IN THE  CHAR-
 TER  SCHOOL  IN  THE  YEAR  TWO  YEARS PRIOR TO THE BASE YEAR, PROVIDED,
 HOWEVER, THAT A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR  AN  APPORTIONMENT
 PURSUANT  TO  THIS  PARAGRAPH  ONLY IF THE NUMBER OF ITS RESIDENT PUPILS
 ENROLLED IN CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 EXCEEDS FIVE THOUSANDTHS (0.005) OF THE  TOTAL  RESIDENT  PUBLIC  SCHOOL
 DISTRICT  ENROLLMENT OF SUCH SCHOOL DISTRICT IN THE YEAR TWO YEARS PRIOR
 TO THE BASE YEAR OR  THE  TOTAL  GENERAL  FUND  PAYMENTS  MADE  BY  SUCH
 DISTRICT TO CHARTER SCHOOLS IN THE YEAR TWO YEARS PRIOR TO THE BASE YEAR
 FOR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS EXCEEDS FIVE THOUSANDTHS
 (0.005)  OF  THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE
 YEAR TWO YEARS PRIOR TO THE BASE YEAR.
   (G) For purposes of this subdivision the number of pupils enrolled  in
 a  charter  school shall not include pupils enrolled in a charter school
 for which the charter was approved by  a  charter  entity  contained  in
 paragraph  a of subdivision three of section twenty-eight hundred fifty-
 one of this chapter.

 S. 2006--B                         11
 
   § 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 amended 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-
 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

 S. 2006--B                         12

 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
 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:

 S. 2006--B                         13
 
   §  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. The commissioner of education shall include direct certification
 data, for the three most recently available school years, as  referenced
 in  the  report submitted by such commissioner pursuant to section 46 of
 part A of chapter 54 of the laws of 2016 in the updated electronic  data
 files  prepared pursuant to paragraph b of subdivision 21 of section 305
 of the education law.
   § 16. Intentionally omitted.
   § 17. Intentionally omitted.
   § 18. Intentionally omitted.
   § 19. Intentionally omitted.
   § 20. Intentionally omitted.
   § 21. Intentionally omitted.
   § 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-
 vision,  provided  that the limitations on cost allowances prescribed by

 S. 2006--B                         14
 
 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.
   §  24.  Subdivision 12 of section 3602 of the education law is amended
 by adding a  new undesignated 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
 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. Intentionally omitted.
   § 27. Intentionally omitted.
   § 28. Paragraphs b and f 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, are amended to read as follows:
   b. [minimum] curriculum standards [that] CONSISTENT WITH THE NEW  YORK
 STATE  PREKINDERGARTEN  EARLY  LEARNING  STANDARDS  TO  ensure that such

 S. 2006--B                         15
 
 programs have strong instructional content that is integrated  with  the
 school  district's instructional program in grades kindergarten [though]
 THROUGH twelve;
   f.  time requirements which reflect the needs of the individual school
 districts [for flexibility, but meeting a minimum weekly  time  require-
 ment];  PROVIDED, HOWEVER, THAT A FULL-DAY SHALL BE CONSIDERED A MINIMUM
 OF FIVE HOURS PER SCHOOL DAY, AND A HALF-DAY SHALL BE A MINIMUM  OF  TWO
 AND ONE-HALF HOURS PER SCHOOL DAY;
   §  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;  (C)  THE  TOTAL  SPENDING  ON
 PREKINDERGARTEN PROGRAMS FROM STATE, FEDERAL, AND LOCAL SOURCES; AND (D)
 FOR EACH PROGRAM DESCRIBED IN SUBPARAGRAPHS (I), (II), (III) AND (IV) OF
 PARAGRAPH  (A)  OF  THIS SUBDIVISION, AND SUBPARAGRAPHS (I), (II), (III)
 AND (IV) OF PARAGRAPH (B) OF  THIS  SUBDIVISION,  THE  TOTAL  NUMBER  OF
 STUDENTS  SERVED WITH DISABILITIES THAT HAVE AN INDIVIDUALIZED EDUCATION
 PLAN AND, OF THOSE, THE TOTAL NUMBER OF STUDENTS REQUIRING  ANY  OF  THE
 FOLLOWING  APPROVED  SERVICES:  SPECIAL  EDUCATION  ITINERANT  SERVICES;
 SPECIAL CLASS IN AN INTEGRATED SETTING; OR A SPECIAL CLASS.  Such report
 shall also contain any recommendations to improve  or  otherwise  change
 the program.
   §  30.  Section 3602-e of the education law is amended by adding a new
 subdivision 17 to read as follows:
   17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, AS A  CONDITION
 OF  ELIGIBILITY  FOR    RECEIPT  OF  FUNDING PURSUANT TO THIS SECTION, A
 SCHOOL DISTRICT SHALL AGREE TO ADOPT APPROVED QUALITY INDICATORS  WITHIN
 TWO YEARS, INCLUDING, BUT NOT LIMITED TO, VALID AND RELIABLE MEASURES OF
 ENVIRONMENTAL  QUALITY,  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 INDIVID-
 UAL CHILDREN.
   §  31.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 23 of part A of chapter 54 of the laws  of  2016,  is
 amended to read as follows:

 S. 2006--B                         16
 
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [seventeen]  EIGHTEEN;  provided  that  the  program  shall continue and
 remain in full effect.
   § 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--two thousand seventeen school
 year, "moneys apportioned" shall mean the lesser of (i) the sum  of  one
 hundred  percent  of  the  respective  amount  set forth for each school
 district as payable pursuant to this section in the school aid  computer
 listing  for the current year produced by the commissioner in support of
 the budget which includes the appropriation for the general support  for
 public  schools  for the prescribed payments and individualized payments
 due prior to April first for the current  year  plus  the  apportionment
 payable during the current school year pursuant to subdivision six-a and
 subdivision fifteen of section thirty-six hundred two of this part minus
 any  reductions  to  current  year aids pursuant to subdivision seven of
 section thirty-six hundred four of  this  part  or  any  deduction  from
 apportionment  payable  pursuant  to  this  chapter  for collection of a
 school district basic contribution as defined in  subdivision  eight  of
 section forty-four hundred one of this chapter, less any grants provided
 pursuant  to  subparagraph  two-a  of paragraph b of subdivision four of
 section 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 subdivision twelve  of
 section thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment  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 busi-
 ness day of June of the  current  year,  moneys  apportioned  shall  not
 include  any  aids payable pursuant to subdivisions six and fourteen, if
 applicable, of section thirty-six hundred two of this  part  as  current
 year  aid for debt service on bond anticipation notes and/or bonds first
 issued in the current year or any aids payable for full-day kindergarten
 for the current year pursuant to subdivision nine of section  thirty-six
 hundred  two  of  this part. The definitions of "base year" and "current
 year" as set forth in subdivision one of section thirty-six hundred  two
 of  this  part  shall apply to this section. [For aid payable in the two
 thousand sixteen--two thousand seventeen school year, reference to  such
 "school aid computer listing for the current year" shall mean the print-
 outs  entitled  "SA161-7".]  FOR  AID PAYABLE IN THE TWO THOUSAND SEVEN-
 TEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER,  "MONEYS  APPOR-
 TIONED"  SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF
 THE RESPECTIVE AMOUNT SET FORTH FOR  EACH  SCHOOL  DISTRICT  AS  PAYABLE
 PURSUANT  TO  THIS  SECTION  IN  THE SCHOOL AID COMPUTER LISTING FOR THE
 CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT  OF  THE  EXECUTIVE
 BUDGET  REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT
 FOR PUBLIC  SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND  INDIVIDUALIZED
 PAYMENTS  DUE  PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPOR-
 TIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS
 SIX-A AND 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

 S. 2006--B                         17
 
 APPORTIONMENT  PAYABLE  PURSUANT  TO  THIS  CHAPTER  FOR COLLECTION OF A
 SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN  SUBDIVISION  EIGHT  OF
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
 PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF PARAGRAPH B OF SUBDIVISION FOUR OF
 SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS  PROVIDED
 PURSUANT  TO  SUBDIVISIONS SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE
 FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, OR (II) THE APPOR-
 TIONMENT  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 BUSI-
 NESS 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. FOR AID PAYABLE IN THE TWO THOUSAND SEVEN-
 TEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR, REFERENCE TO SUCH  "SCHOOL  AID
 COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED
 "BT171-8".
   §  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-

 S. 2006--B                         18
 
 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
 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.  The education law is amended by adding a new section 4403-a to
 read as follows:
   § 4403-A. WAIVERS FROM CERTAIN DUTIES. 1.  A  LOCAL  SCHOOL  DISTRICT,
 APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
 SUBMIT  AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
 DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PURSUANT
 TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
 THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
 SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY  DAYS  IN
 ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
 DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR
 PERSONS  IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
 WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP  WILL
 BE  AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND
 SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH  PARENTS
 MAY  SUBMIT  WRITTEN  COMMENTS  ON THE PROPOSED WAIVER. THE LOCAL SCHOOL
 DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS
 IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND  SHALL  INCLUDE
 IN  THE  WAIVER  APPLICATION  SUBMITTED  TO THE COMMISSIONER PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM  SUCH
 PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.

 S. 2006--B                         19
 
   3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
 SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
 OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
 SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
 REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
 FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
 NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
 LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
 EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
 PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
 WHICH A WAIVER IS GRANTED.
   §  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  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR,  APPROVED  PRESCHOOL  INTEGRATED  SPECIAL  CLASS
 PROGRAMS SHALL BE REIMBURSED FOR SUCH SERVICES BASED ON  AN  ALTERNATIVE
 METHODOLOGY FOR REIMBURSEMENT TO BE ESTABLISHED BY THE COMMISSIONER. 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 SEVENTEEN.
   § 38. Intentionally omitted.
   § 39. Subparagraph (ii) of paragraph (a) of subdivision 9  of  section
 103  of  the general municipal law, as amended by chapter 62 of the laws
 of 2016, is amended to read as follows:
   (ii) such association of producers or growers is comprised  of  owners
 of farms who also operate such farms and have combined to fill the order
 of a school district, and where such order is for [twenty-five thousand]
 ONE  HUNDRED  THOUSAND  dollars  or  less as herein authorized, provided
 however, that a school district may apply to the commissioner of  educa-
 tion  for  permission to purchase orders of more than [twenty-five thou-
 sand] ONE HUNDRED THOUSAND dollars from an association of owners of such
 farms when no other producers or growers have offered to  sell  to  such
 school;
   §  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. Intentionally omitted.

 S. 2006--B                         20
 
   § 43. Intentionally omitted.
   §  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-
 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

 S. 2006--B                         21
 
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   §  45-a.  Enhanced credentials program. The legislature hereby author-
 izes reimbursement by  the  state  education  department  for  workforce
 education  conducted  by  the consortium for worker education, a private
 not-for-profit located in the city of New York. In order to be  eligible
 for  reimbursement, such programs conducted by the consortium for worker
 education must be approved by the commissioner  of  education  with  the
 goals  of  enabling  adults  who are twenty-one years or older to obtain
 recognized industry credentials that will enhance their opportunities to
 achieve  increased  earning,  career  advancement  and  long  term   job
 retention.  Such credentialing programs shall operate between July first
 and June thirtieth and many include, but not  be  limited  to,  day  and
 evening  programs which provide instruction designed to achieve specific
 industry recognized credentials as approved by such commissioner.  Other
 authorized expenditures include those related to assessment, counseling,
 administration,  purchase  of instructional materials, purchase or lease
 of equipment, personal services related to  development  of  curriculum,
 necessary and reasonable costs of credential acquisition, cost of inser-
 vice  training for participating teachers or counselors and other admin-
 istrative costs as approved by  such  commissioner.  Allowable  approved
 expenditures  for  this enhanced credentials program shall be reimbursed
 according to the payment schedule indicated in chapter 756 of  the  laws
 of 1992.
   §  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-

 S. 2006--B                         22
 
 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.
   (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

 S. 2006--B                         23

 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
 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-

 S. 2006--B                         24
 
 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.
   §  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. Intentionally omitted.
   § 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

 S. 2006--B                         25
 
 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
 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

 S. 2006--B                         26

 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.    For  the  purpose  of
 continuing  contractual  obligations  of  conversion charter schools and
 their employees for the  2017-2018  school  year,  to  the  city  school
 district  of the city of New York, eleven million dollars ($11,000,000).
 For teacher centers located in Bronx county, to the city  of  New  York,
 one million two hundred fifty thousand dollars ($1,250,000).
   §  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
 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.

 S. 2006--B                         27
 
   § 58. 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.
   §  59.  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, three, five, five-a, five-b,  six,  fifteen,  twenty-
 two,  twenty-three, twenty-four, twenty-five, twenty-eight, twenty-nine,
 thirty, thirty-three, thirty-four, thirty-five, forty-four, forty-eight,
 forty-nine, fifty-one, fifty-five, and fifty-six of this act shall  take
 effect July 1, 2017;
   2.  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;
   3. 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;
   4. 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;
   5. 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;
   6.  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
   7.  section forty-seven of this act shall take effect immediately  and
 shall  be deemed to have been in full force and effect on and after July
 1, 2017.
 
                                 PART A-1
 
   Section 1. Clause (ii) of subparagraph 2 of paragraph b of subdivision
 4 of section 3602 of the education law, as amended by section 7 of  part
 A  of  chapter  54  of  the laws of 2016, is amended and a new paragraph
 (b-3) is added to read as follows:
   (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

 S. 2006--B                         28
 
 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
 (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-

 S. 2006--B                         29
 
 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
 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]  EIGHTEEN--two thousand [eighteen] NINETEEN 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.
   B-3.  TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND EIGHTEEN FOUNDATION AID.
 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,  FOR
 THE  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR A SCHOOL
 DISTRICT SHALL BE ELIGIBLE TO RECEIVE TOTAL FOUNDATION AID EQUAL TO  THE
 GREATER  OF  (A)  THE  SUM  OF  THE  AMOUNT  DESIGNATED ON THE DATA FILE
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR  THE
 TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL  YEAR ENTITLED
 "BT1718" FOR FOUNDATION AID  PLUS  THE  SUM  OF  THE  COMMUNITY  SCHOOLS
 PAYMENT, THE ENGLISH LANGUAGE LEARNER PAYMENT, THE SMALL CITIES PAYMENT,
 THE  SPARSITY  PAYMENT, THE LARGE CITY PAYMENT, AND THE ADDITIONAL SMALL
 SCHOOLS PAYMENT, AS COMPUTED PURSUANT TO  THIS  PARAGRAPH,  OR  (B)  THE
 PRODUCT  OF  TOTAL FOUNDATION AID PAYABLE FOR THE TWO THOUSAND SIXTEEN--
 TWO THOUSAND SEVENTEEN SCHOOL YEAR MULTIPLIED BY TWENTY-TWO  THOUSANDTHS
 (0.022),  SUBJECT  TO  THE MAXIMUM INCREASE AS COMPUTED PURSUANT TO THIS
 PARAGRAPH.
   (1) COMMUNITY SCHOOLS PAYMENT. THE COMMUNITY SCHOOLS PAYMENT, FOR  ANY
 DISTRICT  THAT HAS AN ALLOCATION AS 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", SHALL EQUAL THE SUM OF TIER ONE PLUS TIER TWO.
   (A)  TIER  ONE,  FOR SCHOOL DISTRICTS WHERE THE QUOTIENT ARRIVED AT BY
 DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT PURSUANT TO PARAGRAPH  O  OF
 SUBDIVISION ONE OF THIS SECTION BY THE PUBLIC SCHOOL DISTRICT ENROLLMENT
 PURSUANT  TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION IS LESS THAN

 S. 2006--B                         30
 
 ONE HUNDRED TWENTY-FIVE ONE-THOUSANDTHS (0.125) AND  THE  STATE  SHARING
 RATIO  FOR  TOTAL  FOUNDATION AID PURSUANT TO PARAGRAPH G OF SUBDIVISION
 THREE OF THIS SECTION IS LESS THAN FIVE HUNDRED  TWELVE  ONE-THOUSANDTHS
 (0.512),  SHALL  EQUAL  THE  MAXIMUM OF (I) THE PRODUCT OF PUBLIC SCHOOL
 DISTRICT ENROLLMENT MULTIPLIED BY THIRTY-TWO DOLLARS ($32.00),  OR  (II)
 THE  PRODUCT  OF  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT MULTIPLIED BY ONE
 HUNDRED SIXTY-NINE DOLLARS AND FORTY CENTS ($169.40) MULTIPLIED  BY  THE
 DIFFERENCE  OF THE QUOTIENT OF THE NUMBER OF PERSONS AGED FIVE TO SEVEN-
 TEEN WITHIN THE SCHOOL DISTRICT, BASED  ON  THE  MOST  RECENT  DECENNIAL
 CENSUS  AS 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 LESS ONE ONE-HUNDREDTH (0.01).
   (B)  TIER  TWO,  FOR  ANY  DISTRICT ELIGIBLE FOR THE COMMUNITY SCHOOLS
 PAYMENT BUT NOT ELIGIBLE FOR TIER ONE, SHALL EQUAL THE  MAXIMUM  OF  (I)
 THE PRODUCT OF PUBLIC SCHOOL ENROLLMENT MULTIPLIED BY TWENTY-SIX DOLLARS
 ($26.00) OR (II) THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT MULTI-
 PLIED BY TEN DOLLARS ($10.00) MULTIPLIED BY THE SUM OF THE STATE SHARING
 RATIO  FOR TOTAL FOUNDATION AID PLUS THE QUOTIENT ARRIVED AT WHEN DIVID-
 ING THE DIFFERENCE OF FIVE MINUS THE PUPIL WEALTH RATIO FOR TOTAL  FOUN-
 DATION AID COMPUTED PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS
 SECTION BY THE SUM OF TWO.
   (2) ENGLISH LANGUAGE LEARNER PAYMENT. FOR SCHOOL DISTRICTS NOT LOCATED
 IN  A  CITY  HAVING  A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND OR
 MORE, AND (A) THREE-YEAR AVERAGE FREE AND REDUCED  PRICE  LUNCH  PERCENT
 COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH P OF SUBDIVISION ONE
 OF  THIS  SECTION  GREATER  THAN  ONE  HUNDRED  FIFTEEN  ONE-THOUSANDTHS
 (0.115), (B) A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION  AID  COMPUTED
 PURSUANT  TO  PARAGRAPH  C  OF SUBDIVISION THREE OF THIS SECTION OF LESS
 THAN ONE AND THREE HUNDREDTHS (1.03), AND (C) WHERE  THE  QUOTIENT  WHEN
 ARRIVED  AT  BY  DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT PURSUANT TO
 PARAGRAPH O OF SUBDIVISION ONE OF THIS  SECTION  BY  THE  PUBLIC  SCHOOL
 DISTRICT  ENROLLMENT  PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS
 SECTION  IS  GREATER  THAN  TWO  HUNDRED   EIGHTY-FIVE   TEN-THOUSANDTHS
 (0.0285),  THE  ENGLISH LANGUAGE LEARNER PAYMENT SHALL EQUAL THE PRODUCT
 OF  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  MULTIPLIED  BY  SIXTY  DOLLARS
 ($60.00).
   (3)  SMALL  CITIES  PAYMENT. FOR ALL SCHOOL DISTRICTS THAT WERE DESIG-
 NATED 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  "SA1415"  (A)  THAT  ARE NOT ELIGIBLE FOR THE ENGLISH LANGUAGE
 LEARNER PAYMENT PURSUANT TO THIS PARAGRAPH,  THE  SMALL  CITIES  PAYMENT
 SHALL  EQUAL THE PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT MULTIPLIED
 BY SIXTY DOLLARS ($60.00), AND (B) THAT ARE ELIGIBLE  FOR  SUCH  ENGLISH
 LANGUAGE LEARNER PAYMENT, THE SMALL CITIES PAYMENT SHALL EQUAL THE PROD-
 UCT  OF  PUBLIC  SCHOOL DISTRICT ENROLLMENT MULTIPLIED BY THIRTY DOLLARS
 ($30.00).
   (4) SPARSITY PAYMENT. FOR SCHOOL DISTRICTS (A) OPERATING A  KINDERGAR-
 TEN  THROUGH  GRADE  TWELVE  SCHOOL PROGRAM WITH A POSITIVE QUOTIENT, IF
 ANY, COMPUTED TO  THREE  DECIMALS  WITHOUT  ROUNDING,  OF  THE  POSITIVE
 REMAINDER  OF  TWENTY-FIVE  (25)  MINUS  THE  ENROLLMENT PER SQUARE MILE
 DIVIDED BY FIFTY AND NINE-TENTHS (50.9), (B) A COMBINED WEALTH RATIO  OF

 S. 2006--B                         31
 
 LESS  THAN  SIX-TENTHS  (0.6),  AND  (C)  NOT  ELIGIBLE  FOR THE ENGLISH
 LANGUAGE LEARNER  PAYMENT  PURSUANT  TO  THIS  PARAGRAPH,  THE  SPARSITY
 PAYMENT  SHALL  EQUAL  THE  PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT
 MULTIPLIED BY FIFTY-FIVE DOLLARS ($55.00).
   (5) LARGE CITY PAYMENT. FOR A SCHOOL DISTRICT LOCATED IN A CITY WITH A
 POPULATION  OF  ONE  MILLION OR MORE, THE LARGE CITY PAYMENT SHALL EQUAL
 NINETY-NINE MILLION TWO HUNDRED THOUSAND DOLLARS.
   (6) ADDITIONAL SMALL  SCHOOLS  PAYMENT.  FOR  A  SCHOOL  DISTRICT  NOT
 LOCATED  IN  A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOU-
 SAND OR MORE, THE ADDITIONAL SMALL SCHOOLS PAYMENT SHALL EQUAL  THE  SUM
 OF  (A)  THE  PRODUCT  OF FIVE ONE-THOUSANDTHS (0.005) MULTIPLIED BY THE
 TOTAL FOUNDATION AID PAYABLE IN THE TWO THOUSAND  SIXTEEN--TWO  THOUSAND
 SEVENTEEN SCHOOL YEAR PLUS (B) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE
 PAYMENT FACTOR BY THE EXPENSE PER PUPIL COMPUTED PURSUANT TO PARAGRAPH F
 OF  SUBDIVISION  ONE OF THIS SECTION. THE PAYMENT FACTOR SHALL EQUAL THE
 PRODUCT OF PUBLIC SCHOOL DISTRICT ENROLLMENT MULTIPLIED BY  TWO  HUNDRED
 TWENTY-SIX  THOUSAND  FIVE  HUNDRED  DOLLARS  (226,500.00) MULTIPLIED BY
 CALCULATION ONE MULTIPLIED BY CALCULATION  TWO.  CALCULATION  ONE  SHALL
 EQUAL  THE  PRODUCT  OF  TWO  MULTIPLIED BY ONE MINUS THE PRODUCT OF THE
 LOCAL TAX FACTOR MULTIPLIED BY THE INCOME WEALTH INDEX. CALCULATION  TWO
 SHALL  EQUAL  THE  DIFFERENCE  OF TEN MINUS THE QUOTIENT ARRIVED AT WHEN
 DIVIDING THE COMBINED WEALTH RATIO FOR  TOTAL  FOUNDATION  AID  COMPUTED
 PURSUANT  TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION DIVIDED BY
 TWO AND NINE-TENTHS (2.9).
   (7) MAXIMUM INCREASE. NOTWITHSTANDING ANY  INCONSISTENT  PROVISION  OF
 THIS  PARAGRAPH  TO THE CONTRARY, NO SCHOOL DISTRICT SHALL RECEIVE TOTAL
 FOUNDATION AID FOR THE TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN
 SCHOOL  YEAR IN EXCESS OF THE PRODUCT OF TOTAL FOUNDATION AID PAYABLE IN
 THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR  MULTIPLIED
 BY  (A) FOR DISTRICTS ELIGIBLE FOR ANY OF THE COMMUNITY SCHOOLS PAYMENT,
 THE ENGLISH LANGUAGE LEARNER PAYMENT, THE SMALL CITIES PAYMENT,  OR  THE
 SPARSITY  PAYMENT  AS  COMPUTED  PURSUANT  TO  THIS  PARAGRAPH,  SIXTEEN
 HUNDREDTHS (0.16), AND (B) FOR ALL OTHER  DISTRICTS,  TWELVE  HUNDREDTHS
 (0.12).
   §  1-a.  Paragraph e of subdivision 4 of section 3602 of the education
 law, as added by section 8 of part A of chapter 54 of the laws of  2016,
 is amended to read as follows:
   e.  Community  schools aid set-aside. Each school district [shall] MAY
 set aside from its total foundation aid computed for  the  current  year
 pursuant  to  this subdivision an amount equal to [the following amount,
 if any, for such district and shall] THE SUM OF (I) THE AMOUNT, IF  ANY,
 SET FORTH FOR SUCH DISTRICT AS "COMMUNITY SCHL AID (BT1617)" IN THE DATA
 FILE  PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR
 THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR  AND  ENTI-
 TLED  "SA161-7"  AND  (II)  THE AMOUNT, IF ANY, OF THE COMMUNITY SCHOOLS
 PAYMENT COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH B-3  OF  THIS
 SUBDIVISION. EACH SCHOOL DISTRICT MAY use [the] SUCH "COMMUNITY SCHL AID
 (BT1617)"  amount [so set aside] 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[:]. EACH
 SCHOOL DISTRICT MAY USE SUCH COMMUNITY SCHOOLS PAYMENT AMOUNT TO SUPPORT
 THE TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY  HUBS  TO  DELIVER
 CO-LOCATED OR SCHOOL LINKED ACADEMIC, HEALTH, MENTAL HEALTH SERVICES AND

 S. 2006--B                         32
 
 PERSONNEL,  AFTERSCHOOL  PROGRAMMING, DUAL LANGUAGE PROGRAMS, NUTRITION,
 COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR  FAMILIES,
 TO MAXIMIZE STUDENT ACHIEVEMENT, INCLUDING BUT NOT LIMITED TO, PROVIDING
 A  COMMUNITY  SCHOOL  SITE COORDINATOR AND PROGRAMS FOR ENGLISH LANGUAGE
 LEARNERS, PROVIDED  FURTHER  THAT  A  SCHOOL  DISTRICT  WHOSE  COMMUNITY
 SCHOOLS  PAYMENT AMOUNT EXCEEDS ONE MILLION DOLLARS ($1,000,000) MAY USE
 AN AMOUNT EQUAL TO THE GREATER OF ONE  HUNDRED  FIFTY  THOUSAND  DOLLARS
 ($150,000)  OR  TEN  PERCENT OF SUCH COMMUNITY SCHOOLS PAYMENT AMOUNT TO
 SUPPORT SUCH TRANSFORMATION AT  ADDITIONAL  SCHOOLS  WITH  EXTRAORDINARY
 HIGH  LEVELS  OF STUDENT NEED AS IDENTIFIED BY THE COMMISSIONER, SUBJECT
 TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET.
 [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

 S. 2006--B                         33

 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
 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

 S. 2006--B                         34

 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
 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

 S. 2006--B                         35

 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
 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

 S. 2006--B                         36

 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
 Wyandanch                                           $402,010
 Yonkers                                           $4,286,726
 Yorkshire-Pioneer                                  $210,306]
   § 2. Section 3 of chapter 507 of the laws of 1974, relating to provid-
 ing  for the apportionment of state monies to certain nonpublic schools,
 to reimburse them for their expenses in  complying  with  certain  state
 requirements  for  the  administration  of  state testing and evaluation
 programs and for participation in state programs for  the  reporting  of
 basic  educational  data, as amended by chapter 903 of the laws of 1984,
 is amended to read as follows:
   § 3. Apportionment. a. The commissioner shall  annually  apportion  to
 each  qualifying  school,  for  school years beginning on and after July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred by each such  school  during  the  preceding  school  year  for
 providing  services  required  by  law  to  be  rendered to the state in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program,  the  basic  educational data system, regents examinations, the
 statewide evaluation plan, the uniform procedure  for  pupil  attendance
 reporting,  THE  STATE'S  IMMUNIZATION  PROGRAM AND OTHER HEALTH-RELATED
 REQUIREMENTS and other similar state prepared examinations and reporting
 procedures.
   b. The commissioner shall annually apportion to each qualifying school
 in the cities of New York,  Buffalo  and  Rochester,  for  school  years
 beginning  on  or  after  July first[, nineteen hundred eighty-four] TWO
 THOUSAND SIXTEEN, an amount equal to the actual cost  incurred[,  up  to
 sixty  cents per pupil,] by each such school during the preceding school
 year in meeting the recording and reporting requirements  of  the  state
 school immunization program.
   §  3. Subdivision 12 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:
   12. Notwithstanding paragraph (a) of subdivision one of section  twen-
 ty-eight  hundred fifty-four of this chapter and paragraph (c) of subdi-
 vision two of section twenty-eight hundred fifty-four of  this  chapter,
 charter  schools  shall be eligible to participate in universal full-day
 pre-kindergarten programs under this section,  provided  that  all  such
 monitoring,  programmatic review and operational requirements under this
 section shall be the responsibility of the charter entity and  shall  be
 consistent  with  the  requirements  under  article  fifty-six  of  this
 chapter; WHEREFORE, NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  PARTIC-
 IPATION  BY  A CHARTER SCHOOL IN UNIVERSAL PRE-KINDERGARTEN PROGRAMS MAY
 NOT BE CONDITIONED UPON THE CHARTER SCHOOL AGREEING TO CONTRACTUAL TERMS
 OR CONDITIONS IMPOSED BY A NON-CHARTER ENTITY.  The provisions of  para-
 graph  (b) of subdivision two of section twenty-eight hundred fifty-four
 of this  chapter  shall  apply  to  the  admission  of  pre-kindergarten
 students,  except parents of pre-kindergarten children may submit appli-
 cations for the two thousand fourteen--two thousand fifteen school  year

 S. 2006--B                         37
 
 by  a  date  to  be  determined  by the charter school upon selection to
 participate in the  universal  full-day  pre-kindergarten  program.  The
 limitations  on  the  employment of uncertified teachers under paragraph
 (a-1) of subdivision three of section twenty-eight hundred fifty-four of
 this  chapter  shall apply to all teachers from pre-kindergarten through
 grade twelve.
   § 4. Subdivision 1 of section 2856 of the education law is amended  by
 adding a new paragraph (e) to read as follows:
   (E)  THE SCHOOL DISTRICT SHALL ALSO PAY DIRECTLY TO ANY CHARTER SCHOOL
 REIMBURSEMENT FOR ALLOWABLE COSTS RELATED TO THE  SERVICES  PROVIDED  BY
 NURSES,  SECURITY  GUARDS,  CUSTODIANS,  FOOD  SERVICE WORKERS, OR OTHER
 NECESSARY SUPPORT PERSONNEL EMPLOYED  BY  THE  CHARTER  SCHOOL,  IN  THE
 AMOUNT  OF  TEN  PERCENT OF THE CHARTER SCHOOL BASIC TUITION PAID TO THE
 CHARTER SCHOOL, IF SUCH STAFF ARE NOT PROVIDED BY THE SCHOOL DISTRICT.
   § 5. Subdivision 9 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:
   9. The total number of charters issued pursuant to this article state-
 wide shall not [exceed four hundred sixty. (a) All charters issued on or
 after  July first, two thousand fifteen and counted toward the numerical
 limits established by this subdivision shall be issued by the  board  of
 regents  upon  application  directly  to  the board of regents or on the
 recommendation of the board of trustees of the state university  of  New
 York  pursuant  to  a competitive process in accordance with subdivision
 nine-a of this section. Fifty of such charters issued on or  after  July
 first,  two thousand fifteen, and no more, shall be granted to a charter
 for a school to be located in a city having a population of one  million
 or  more.  The  failure  of any body to issue the regulations authorized
 pursuant to this article shall not affect the  authority  of  a  charter
 entity  to  propose  a  charter  to the board of regents or the board of
 regents' authority to grant such charter. A conversion  of  an  existing
 public  school  to  a  charter  school, or the renewal or extension of a
 charter approved by any charter entity, shall not be counted toward  the
 numerical limits established by this subdivision.
   (b)  A  charter that has been surrendered, revoked or terminated on or
 before July first, two thousand fifteen, including a  charter  that  has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant  to paragraph (a) of this subdivision by the board of regents either
 upon application directly to the board of regents or on the  recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant  to  a  competitive process in accordance with subdivision nine-a of
 this section. Provided that such reissuance shall not be counted  toward
 the  statewide  numerical  limit  established  by  this subdivision, and
 provided further that no more than twenty-two charters may  be  reissued
 pursuant to this paragraph.
   (c)  For  purposes  of determining the total number of charters issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d)] BE SUBJECT TO RESTRICTIONS. Notwithstanding any provision of this
 article  to the contrary, any charter authorized to be issued by chapter
 fifty-seven of the laws of two thousand seven effective July first,  two
 thousand seven, and that remains unissued as of July first, two thousand
 fifteen, may be issued pursuant to the provisions of law applicable to a
 charter  authorized  to  be  issued by such chapter in effect as of June
 fifteenth, two thousand fifteen[; provided however that nothing in  this
 paragraph  shall be construed to increase the numerical limit applicable

 S. 2006--B                         38

 to a city having a population of one million  or  more  as  provided  in
 paragraph  (a)  of this subdivision, as amended by a chapter of the laws
 of two thousand fifteen which added this paragraph].
   §  6.  The  opening  paragraph  of paragraph (a) 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:
   The board of regents is hereby authorized and directed to issue  [four
 hundred  sixty]  charters  statewide  upon either applications submitted
 directly to the board of regents or upon the recommendation of the board
 of trustees of the state university of New York pursuant  to  a  compet-
 itive request for proposals process.
   §  7.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-i to read as follows:
   6-I. BUILDING AID FOR SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX
 OF THIS CHAPTER. A. SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX  OF
 THIS  CHAPTER  SHALL  BE ELIGIBLE FOR BUILDING AID TO THE SAME EXTENT AS
 SCHOOL DISTRICTS IN A PROCESS PRESCRIBED BY THE COMMISSIONER,  PROVIDED,
 THAT  (1)  AID APPORTIONMENTS FOR SUCH SCHOOLS SHALL BE CALCULATED BASED
 ON THE ACTUAL AMORTIZATION AND ACTUAL INTEREST RATE,  (2)  THE  BUILDING
 AID  RATIO  USED SHALL BE THE RATIO FOR THE SCHOOL DISTRICT IN WHICH THE
 SCHOOL IS LOCATED, AND THE  CHARTER  SCHOOL  SHALL  BE  RESPONSIBLE  FOR
 PAYMENT OF THE LOCAL SHARE OF ANY AIDABLE BUILDING EXPENSES, AND (3) AID
 ON  EXPENDITURES  FOR  LEASE  PAYMENTS  SHALL BE APPORTIONED ONLY IF THE
 LEASE HAS BEEN APPROVED BY THE SCHOOL'S BOARD OF TRUSTEES, THE AUTHORIZ-
 ING ENTITY, AND THE COMMISSIONER.
   B. THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT SPECIFIC WAIVERS FROM
 BUILDING AID PROGRAM REQUIREMENTS  TO  SCHOOLS  AUTHORIZED  PURSUANT  TO
 ARTICLE  FIFTY-SIX  OF  THIS CHAPTER UPON A SHOWING THAT COMPLIANCE WITH
 SUCH REQUIREMENTS WOULD CREATE AN UNDUE ECONOMIC HARDSHIP OR  THAT  SOME
 OTHER GOOD CAUSE EXISTS THAT MAKES COMPLIANCE EXTREMELY IMPRACTICAL.
   C.  SCHOOL  DISTRICTS  THAT  COLLECT PAYMENTS FROM A SCHOOL AUTHORIZED
 PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER UNDER A LEASE OR ANY OTHER
 ARRANGEMENT FOR THE USE OF  DISTRICT-OWNED  FACILITIES  SHALL  HAVE  ITS
 BUILDING  AID  APPORTIONMENT  REDUCED BY AN AMOUNT EQUAL TO THE SCHOOL'S
 PAYMENTS TO THE DISTRICT PROVIDED, HOWEVER, NOTHING IN THIS  SUBDIVISION
 SHALL BE CONSTRUED TO AUTHORIZE A REDUCTION IN BUILDING AID ATTRIBUTABLE
 TO  BUILDING  PROJECTS  SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF
 SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-TT OF  THE  PUBLIC  AUTHORITIES
 LAW.
   D.  IN  THE  EVENT  THAT  A SCHOOL IS NO LONGER AUTHORIZED PURSUANT TO
 ARTICLE FIFTY-SIX OF THIS CHAPTER, BUILDING  AID  PAYMENTS  SHALL  CEASE
 IMMEDIATELY.
   E.  A  CHARTER SCHOOL AUTHORIZED UNDER THIS ARTICLE SHALL NOT BE ENTI-
 TLED TO RECEIVE BOTH BUILDING  AID  UNDER  THIS  SUBDIVISION  AND  UNDER
 SUBDIVISION  THREE  OF  SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS
 CHAPTER.
   § 8. 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

 S. 2006--B                         39

 part of the salary paid any teacher, supervisor or other employee of the
 board of cooperative educational services which is in excess  of  thirty
 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.  PROVIDED HOWEV-
 ER, THAT FOR TEACHERS PROVIDING  INSTRUCTION  IN  CAREER  AND  TECHNICAL
 EDUCATION  TO  SCHOOL  AGE  STUDENTS, THE SALARY, TO BE CONSIDERED AS AN
 APPROVED EXPENSE, SHALL NOT EXCEED THIRTY-FOUR THOUSAND DOLLARS FOR  THE
 TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR; THIRTY-EIGHT
 THOUSAND DOLLARS FOR THE TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN
 SCHOOL  YEAR; FORTY-TWO THOUSAND DOLLARS FOR THE TWO THOUSAND NINETEEN--
 TWO THOUSAND TWENTY SCHOOL YEAR; FORTY-SIX THOUSAND DOLLARS FOR THE  TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR; AND FIFTY THOUSAND
 DOLLARS  FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
 YEAR, AND THEREAFTER. 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  allo-
 cated  to  each component school district. Any payments made to a compo-
 nent 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 transportation
 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.
   § 9. The education law is amended by adding a new section 3037 to read
 as follows:
   § 3037.  GRANTS FOR HIRING TEACHERS. 1. FOR PURPOSES OF THIS  SECTION,
 THE  FOLLOWING TERM SHALL HAVE THE FOLLOWING MEANING: "ELIGIBLE TEACHER"
 SHALL MEAN AN INDIVIDUAL THAT: (A) IS CERTIFIED TO  TEACH  IN  NEW  YORK
 STATE  PURSUANT TO SECTION THREE THOUSAND FOUR OF THIS CHAPTER; OR HOLDS
 A MASTER'S DEGREE OR PH.D. IN MATHEMATICS, SCIENCE, TECHNOLOGY OR EDUCA-
 TION; OR HOLDS A BACHELOR'S DEGREE IN MATHEMATICS,  SCIENCE,  TECHNOLOGY
 OR  EDUCATION  AND IS CURRENTLY ENROLLED IN A MASTER'S OR PH.D.  PROGRAM
 IN MATHEMATICS, SCIENCE, TECHNOLOGY OR EDUCATION WITHIN FIVE YEARS  FROM
 THE  LATER OF THE EFFECTIVE DATE OF THIS SECTION OR THE EMPLOYMENT START
 DATE WITH THE NONPUBLIC SCHOOL,  (B)  TEACHES  MATHEMATICS,  SCIENCE  OR
 TECHNOLOGY  IN ANY GRADES FROM THREE THROUGH TWELVE, AND (C) IS EMPLOYED
 BY A NONPUBLIC SCHOOL.
   2. (A) WITHIN AMOUNTS APPROPRIATED THEREFOR, NONPUBLIC SCHOOLS  SHALL,
 UPON  APPLICATION,  BE  REIMBURSED BY THE DEPARTMENT FOR THE SALARIES OF
 ELIGIBLE TEACHERS. EACH SCHOOL WHICH SEEKS A REIMBURSEMENT  PURSUANT  TO
 THIS  SECTION  SHALL  SUBMIT  TO THE OFFICE OF RELIGIOUS AND INDEPENDENT
 SCHOOLS AN APPLICATION THEREFOR, TOGETHER WITH SUCH ADDITIONAL DOCUMENTS
 AS THE COMMISSIONER MAY REASONABLY REQUIRE, AT SUCH TIMES, IN SUCH  FORM
 AND  CONTAINING  SUCH  INFORMATION  AS THE COMMISSIONER MAY PRESCRIBE BY
 REGULATION.   APPLICATIONS FOR REIMBURSEMENT PURSUANT  TO  THIS  SECTION

 S. 2006--B                         40

 MUST  BE  RECEIVED  BY AUGUST FIRST OF EACH YEAR FOR SCHOOLS TO BE REIM-
 BURSED FOR THE SALARIES OF ELIGIBLE TEACHERS IN THE PRIOR YEAR.
   (B)  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, REIMBURSEMENT FOR
 ELIGIBLE TEACHERS SHALL BE THE AVERAGE  COMPARABLE  TEACHER  SALARY  AND
 PERSONAL  SERVICE,  PER  SUBJECT  AREA, OF PUBLIC SCHOOL TEACHERS IN THE
 SCHOOL DISTRICT IN WHICH SUCH NONPUBLIC SCHOOLS ARE LOCATED,  MULTIPLIED
 BY  THE  PERCENTAGE  OF FULL TIME EQUIVALENT SECULAR INSTRUCTIONAL HOURS
 COMPLETED IN THE SCHOOL DAY PER SUBJECT AREA.  REIMBURSEMENTS SHALL  NOT
 BE  PROVIDED  FOR ELIGIBLE TEACHERS WHO PROVIDE INSTRUCTION IN MATHEMAT-
 ICS, SCIENCE OR TECHNOLOGY IF SUCH  TEACHERS  ALSO  PROVIDE  NON-SECULAR
 INSTRUCTION IN ANY CAPACITY.
   (C)  IN  THE  EVENT THAT THE APPLICATIONS FOR REIMBURSEMENT UNDER THIS
 SECTION EXCEED THE APPROPRIATION AVAILABLE FOR THIS PROGRAM,  THEN  EACH
 APPLICANT  SHALL  ONLY  BE  REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE
 THAT EACH SUCH APPLICANT REPRESENTS TO THE  TOTAL  OF  ALL  APPLICATIONS
 SUBMITTED.
   3.  THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 10. Subdivisions 1 and 2 of  section  4101  of  the  education  law,
 subdivision 1 as amended by chapter 387 of the laws of 1954, subdivision
 2  as amended by section 30 of part B of chapter 57 of the laws of 2008,
 are amended to read as follows:
   1. The commissioner of education shall establish schools in such plac-
 es and maintain such courses of instruction therein for the education of
 the Indian children of the state as he OR SHE shall deem  necessary.  He
 OR  SHE shall have general supervision of such education and shall cause
 to be erected where necessary convenient and suitable  school  buildings
 for the accommodation of all the Indian children of the state.
   2.  [The]  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, RULE OR REGU-
 LATION TO THE CONTRARY, THE commissioner in his OR HER  discretion  may,
 instead  of  establishing schools and maintaining courses of instruction
 therein for the education of the Indian children of the state, contract,
 FOR A PERIOD OF UP TO TEN YEARS, with any school district for the educa-
 tion of such Indian children. The consideration for  any  such  contract
 shall  not exceed the total cost to the school district of the education
 of Indian children pursuant to such contract,  less  any  public  moneys
 received  by  the  school  district  by reason of the attendance of such
 Indian children in regular day school, except any public moneys received
 by the district as a building quota pursuant to the provisions of subdi-
 vision six-a of section thirty-six hundred  two  of  this  chapter.  The
 commissioner  of  taxation  and  finance shall pay on the warrant of the
 comptroller bills, for the costs and expenses attending  such  contract,
 approved by the commissioner of education from the appropriation for the
 support and education of Indian children. In carrying out the provisions
 of this article the commissioner, notwithstanding any other provision of
 law,  may  lease  any  school ground, site or building established for a
 reservation and owned by the state of New York to  any  school  district
 upon  such  terms  and  conditions  as  he  OR SHE shall deem necessary,
 convenient and proper. Nothing herein contained shall alter the title of
 the Indians to their lands.
   § 11. Section 4119 of the education law, as added by  chapter  387  of
 the laws of 1954, is amended to read as follows:
   § 4119. School  district  may  contract  to  educate  Indian children.
 Notwithstanding any other provision of law,  the  trustee,  trustees  or
 board  of  education of any school district shall have power to contract
 with the commissioner of education for the instruction of  Indian  chil-

 S. 2006--B                         41
 
 dren  FOR  A PERIOD OF TEN YEARS. Notwithstanding any other provision of
 law, the trustee, trustees or board of education of any school  district
 shall  have  authority  to  lease a site or school building owned by the
 state  of  New  York whether located on or off an Indian reservation and
 such trustee, trustees or board of education  shall  have  authority  to
 maintain  school  in  such  building  notwithstanding the fact that such
 building may not be located within the district boundary lines  of  such
 school district.
   §  12.  The education law is amended by adding a new section 3006-b to
 read as follows:
   § 3006-B. COMPLIANCE WITH PART 154 OF THE  COMMISSIONERS  REGULATIONS.
 1.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW,  RULE,  OR REGULATION THIS
 SECTION SHALL APPLY TO PUBLIC SCHOOL DISTRICTS FOR PURPOSES OF COMPLYING
 WITH PART 154 OF THE COMMISSIONERS REGULATIONS (8 NYCRR 154).
   2. SCHOOL DISTRICTS THAT MAKE A GOOD FAITH EFFORT TO  HIRE  A  TEACHER
 THAT  IS  DUAL-CERTIFIED,  BUT CANNOT HIRE SUCH TEACHER DUE TO A LACK OF
 QUALIFIED  OR  ACCEPTABLE  CANDIDATES  THE  DISTRICT  MAY  SATISFY  SUCH
 REQUIREMENT  BY  HIRING AN INDIVIDUAL WHO IS NOT DUAL-CERTIFIED, BUT WHO
 MEETS ONE OF THE FOLLOWING CRITERIA: (I) HAS AT LEAST AN INITIAL  TEACH-
 ING  CERTIFICATE AND HAS SCORED PROFICIENTLY ON A CONTENT SPECIALTY TEST
 IN THE LANGUAGE TO BE INSTRUCTED IN; OR (II) IS CERTIFIED FOR  "TEACHING
 ENGLISH  TO SPEAKERS OF OTHER LANGUAGES" (TESOL). SUCH INDIVIDUALS SHALL
 BE DEEMED TO SATISFY INSTANCES  WHERE  A  SECOND  CERTIFIED  TEACHER  IS
 REQUIRED  FOR  INSTRUCTION IN THE NATIVE LANGUAGE OF THE STUDENT BECAUSE
 THE PRIMARY TEACHER IS NOT DUAL-CERTIFIED AND  THE  PRIMARY  TEACHER  IS
 PROVIDING CONTENT SPECIFIC INSTRUCTION.
   3.  INDIVIDUALS  MEETING EITHER OF THE CRITERIA FOR SUBDIVISION TWO OF
 THIS SECTION MAY ALSO BE USED FOR PURPOSES  OF  ADMINISTERING  THE  HOME
 LANGUAGE QUESTIONNAIRE THAT IS USED FOR INITIAL IDENTIFICATION PURPOSES.
   §  13.  Section  305  of  the education law is amended by adding a new
 subdivision 56 to read as follows:
   56. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY,  THE
 COMMISSIONER  SHALL  DEVELOP  A  WAIVER  PROGRAM FOR SCHOOL DISTRICTS TO
 STREAMLINE AND CONSOLIDATE  STAFF  TRAINING  REQUIREMENTS  IN  ORDER  TO
 PROMOTE  EFFICIENCY.  IN  DEVELOPING  THE WAIVER, THE COMMISSIONER SHALL
 CONSIDER CONSOLIDATING  VARIOUS  DATES  FOR  TRAINING,  CHANGING  ANNUAL
 REQUIREMENTS  TO BIENNIAL OR FIVE-YEAR REQUIREMENTS, ALTERNATIVE NOTIFI-
 CATION AND PRESENTATION OF TRAINING INFORMATION, AND ANY  OTHER  OPTIONS
 DEEMED  PROPER  BY THE COMMISSIONER. SUCH WAIVER PROGRAM SHALL BE DEVEL-
 OPED BY JULY FIRST, TWO THOUSAND SEVENTEEN AND DISTRICTS SHALL BE  FIRST
 ELIGIBLE  TO  APPLY  FOR  WAIVERS BEGINNING WITH THE TWO THOUSAND SEVEN-
 TEEN--EIGHTEEN SCHOOL YEAR, AND THEREAFTER.
   § 14. The opening paragraph of section 3609-b of the education law, as
 amended by section 33 of part B of chapter 57 of the laws  of  2007,  is
 amended to read as follows:
   Moneys  apportioned  to school districts for the excess cost aid seta-
 side pursuant to subdivision four of section thirty-six hundred  two  of
 this  article  and the apportionments for students with disabilities due
 in accordance with the provisions of subdivisions  five  and  five-a  of
 section  thirty-six  hundred  two of this article and section forty-four
 hundred five of this chapter, shall be paid to or on  behalf  of  school
 districts  in  accordance with the provisions of this section, provided,
 however, that payments made to or  on  behalf  of  any  school  district
 pursuant  to this section shall be adjusted subsequent to the filing, in
 an acceptable manner, of aid claim forms prescribed by the commissioner,
 PROVIDED, THAT THE APPORTIONMENTS FOR STUDENTS WITH DISABILITIES DUE  IN

 S. 2006--B                         42
 
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FIVE OF SECTION THIRTY-SIX
 HUNDRED  TWO OF THIS ARTICLE AND SECTION FORTY-FOUR HUNDRED FIVE OF THIS
 CHAPTER, WHO ENROLL IN SCHOOL DISTRICTS AFTER OCTOBER  FIRST,  SHALL  BE
 BASED  ON ATTENDANCE IN THE CURRENT SCHOOL YEAR AND SHALL BE PAID IN THE
 CURRENT SCHOOL YEAR SUBJECT TO THIS SECTION AND SUBJECT TO THE STAC  AND
 AVL FILING DEADLINES ESTABLISHED BY THE COMMISSIONER.
   §  15.  Paragraph  a of subdivision 5 of section 3604 of the education
 law, as amended by chapter 161 of the laws of 2005, is amended  to  read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall  be  corrected by the commissioner. Whenever a school district has
 been apportioned less money than that  to  which  it  is  entitled,  the
 commissioner may allot to such district the balance to which it is enti-
 tled.  Whenever  a  school district has been apportioned more money than
 that to which it is entitled, the commissioner may, by an order,  direct
 such  moneys  to be paid back to the state to be credited to the general
 fund local assistance account for state  aid  to  the  schools,  or  may
 deduct  such  amount  from  the  next  apportionment  to be made to said
 district, PROVIDED THAT ANY RECOVERY INITIATED BY THE COMMISSIONER UNDER
 THIS SUBDIVISION SHALL FIRST BE OFFSET BY ANY PENDING PAYMENT OF  MONEYS
 DUE  TO  SAID  DISTRICT  AS  A PRIOR YEAR ADJUSTMENT PAYABLE PURSUANT TO
 PARAGRAPH C OF THIS SUBDIVISION, AND THAT THE COMMISSIONER SHALL  REMOVE
 SUCH  CLAIM  FROM THE ORDERED LIST HE OR SHE PREPARES FOR SUCH PARAGRAPH
 C, AND provided, however, that, upon notification of excess payments  of
 aid  for which a recovery must be made by the state through deduction of
 future aid payments, a school district  may  request  that  such  excess
 payments  be  recovered  by  deducting  such  excess  payments  from the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two succeeding school years, provided further that  there  shall  be  no
 interest  penalty  assessed  against  such  district or collected by the
 state. Such request shall be made to the commissioner in  such  form  as
 the  commissioner  shall  prescribe, and shall be based on documentation
 that the total amount to be recovered is in excess of one percent of the
 district's total general fund  expenditures  for  the  preceding  school
 year.  The  amount to be deducted in the first year shall be the greater
 of (i) the sum of the amount of such excess payments that is  recognized
 as  a liability due to other governments by the district for the preced-
 ing school year and the positive remainder of the district's  unreserved
 fund  balance at the close of the preceding school year less the product
 of the district's total general  fund  expenditures  for  the  preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year.  Provided  further
 that,  notwithstanding  any  other  provisions  of this subdivision, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment  payable pursuant to paragraph c of this subdivision for aid claims
 that had been previously paid as current year aid payments in excess  of
 the  amount  to which the district is entitled and for which recovery of
 excess payments is to be made  pursuant  to  this  paragraph,  shall  be
 reduced  at  the  time  of  actual  payment by any remaining unrecovered
 balance of such excess payments, and the remaining scheduled  deductions
 of  such  excess payments pursuant to this paragraph shall be reduced by
 the commissioner to reflect the amount so  recovered.  The  commissioner

 S. 2006--B                         43
 
 shall certify no payment to a school district based on a claim submitted
 later  than three years after the close of the school year in which such
 payment was first to be made.  For claims for which payment is first  to
 be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
 the commissioner shall certify no payment to a school district based  on
 a  claim  submitted  later than two years after the close of such school
 year. For claims for which payment is first to be made in  the  nineteen
 hundred  ninety-seven--ninety-eight  school  year  and  thereafter,  the
 commissioner shall certify no payment to a school district  based  on  a
 claim submitted later than one year after the close of such school year.
 Provided,  however,  no  payments  shall be barred or reduced where such
 payment is required as a result of a final audit of  the  state.  It  is
 further  provided  that,  until June thirtieth, nineteen hundred ninety-
 six, the commissioner may grant a waiver from  the  provisions  of  this
 section  for any school district if it is in the best educational inter-
 ests of the district pursuant to guidelines developed by the commission-
 er and approved by the director of the budget.
   § 16. a. All the acts done and proceedings heretofore had and taken or
 caused to be had and taken by a school district  and  by  all  officers,
 employees  or  agents  of  each  such  school district relating to or in
 connection with transportation contracts (1)  identified  by  the  state
 education department as having been filed or executed late prior to June
 30,  2017,  and (2) for which an aid adjustment or recovery has not been
 initiated by the state education department as of the effective date  of
 this  act  are  hereby  legalized,  validated,  ratified  and confirmed,
 notwithstanding  any  failure  to  comply  with  the   contract   filing
 provisions  of  the  education  law,  other than those filing provisions
 defined in paragraph a of subdivision 5 of section 3604 of the education
 law, in relation to any omission, error, defect, irregularity  or  ille-
 gality in such proceeding had and taken.
   b.  The education department is hereby directed to consider the afore-
 mentioned contracts for transportation aid as  valid  and  proper  obli-
 gations of such school district.
   §  17.  a. Notwithstanding any other provision of law to the contrary,
 the actions or omissions of an school district which failed to submit  a
 final building project cost report by June 30 of the school year follow-
 ing  June  30 of the school year in which the certificate of substantial
 completion of the project is issued by the architect or engineer, or six
 months after issuance of such certificate, whichever is later, are here-
 by ratified and validated, provided the following conditions  have  been
 met:  (i)  that such building project was eligible for aid in a year for
 which the commissioner of education is required to prepare  an  estimate
 of  apportionments  due and owing pursuant to paragraph c of subdivision
 21 of section 305 of the education law, and (ii)  (A)  that  the  school
 district was notified in writing by the state education department after
 March  1,  2015  but  before  July 1, 2017 that such final building cost
 reports were late, or (B) such building  project  was  eligible  for  an
 installment recovery pursuant to sections 48, 49, 50, 51, and 52 of part
 A  of chapter 54 of the laws of 2016 or sections 25-a, 25-b, 25-c, 25-d,
 and 25-e of part A of chapter 56 of the laws of 2015 or section  9-a  of
 part  A  of  chapter 56 of the laws of 2014 or section 24-a of part A of
 chapter 57 of the laws of 2013; provided, however, that  notwithstanding
 any  other provision of law to the contrary, the state education depart-
 ment shall not refund any monies for which recovery of  excess  payments
 has  already  been  made  pursuant  to  paragraph  c of subdivision 5 of
 section 3604 of the education law and this act.

 S. 2006--B                         44
 
   b. The education department is hereby directed to adjust the  approved
 costs  of  the aforementioned projects for the 2016-2017 school year and
 thereafter to reflect the ratification and validation provided  in  this
 act  and  to  consider  such adjusted approved costs as valid and proper
 obligations of such school districts.
   §  18. Subdivisions 1, 2 and 7 of section 2116-b of the education law,
 subdivisions 1 and 7 as added by chapter 263 of the laws  of  2005,  and
 subdivision  2  as  amended  by section 4 of part A of chapter 57 of the
 laws of 2013, are amended to read as follows:
   1. No later than July first, two thousand six,  each  school  district
 shall  establish  an internal audit function to be in operation no later
 than the following December thirty-first. Such function  shall  include:
 (a)  development  of a risk assessment of district operations, including
 but not limited to, a review of financial policies  and  procedures  and
 the  testing and evaluation of district internal controls; (b) [an annu-
 al] A review and update of such risk assessment; and (c) preparation  of
 reports[,  at least annually or more frequently as the trustees or board
 of education may direct,]  which  analyze  significant  risk  assessment
 findings,  recommend  changes  for  strengthening  controls and reducing
 identified risks, and specify  timeframes  for  implementation  of  such
 recommendations.    AUDITS  PERFORMED  PURSUANT TO THIS SECTION SHALL BE
 COMPLETED EVERY FIVE YEARS.
   2. School districts of less than eight teachers, school districts with
 actual general fund expenditures totaling less than five million dollars
 in the previous school year, or school districts with actual  enrollment
 of less than [one] FIVE thousand [five hundred] students in the previous
 school  year  shall be exempt from this requirement. Any school district
 claiming such exemption shall annually certify to the commissioner  that
 such  school  district meets the requirements set forth in this subdivi-
 sion.
   7. Nothing in this section shall be construed as  requiring  a  school
 district  in any city with a population of one hundred twenty-five thou-
 sand or more to replace or modify an existing  internal  audit  function
 where  such  function already exists by special or local law, so long as
 the superintendent of the district [annually] certifies to  the  commis-
 sioner  that  the  existing internal audit function meets or exceeds the
 requirements of this section;  PROVIDED,  HOWEVER,  NOTWITHSTANDING  ANY
 SPECIAL  OR  LOCAL  LAW  TO THE CONTRARY, SCHOOL DISTRICTS SHALL PERFORM
 SUCH INTERNAL AUDITS EVERY FIVE YEARS.
   § 19. Section 3035 of the education law is amended  by  adding  a  new
 subdivision 3-b to read as follows:
   3-B.  UPON REQUEST FROM A PROSPECTIVE EMPLOYEE WHO HAS BEEN CLEARED BY
 THE COMMISSIONER OF MOTOR VEHICLES  PURSUANT  TO  SECTION  FIVE  HUNDRED
 NINE-CC OR SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF-
 FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD
 A  COPY  OF  SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVID-
 UAL'S FINGERPRINTS TO THE COMMISSIONER  FOR  PURPOSES  OF  CONDUCTING  A
 CRIMINAL  HISTORY  RECORD  CHECK PURSUANT TO THIS SECTION.  FURTHERMORE,
 UPON NOTIFICATION THAT SUCH PROSPECTIVE EMPLOYEE HAS  BEEN  CLEARED  FOR
 EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF
 CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT
 CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER.
   §  20.  Subdivision  (a)  of section 1115 of the tax law is amended by
 adding a new paragraph 44 to read as follows:

 S. 2006--B                         45
 
   (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.
   §  21.  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.  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-
 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) are made by the  board  of  education  or  the  trustee  of  a
 district,  under  rules  and regulations prescribed by the commissioner,
 and, (2) do not extend the original contract period  beyond  five  years
 from  the date cafeteria and restaurant service commenced thereunder and
 in the case of contracts for the transportation of pupils, for the main-
 tenance 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) to

 S. 2006--B                         46

 reject any extension of a contract beyond the initial term thereof 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 consumers  (CPI-U)  during  the
 preceding  twelve  month  period;  and (ii) 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 TO REJECT ANY EXTENSION OF A CONTRACT FOR  TRANSPORTA-
 TION,  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 SALES TAX EXEMPTION ON
 SCHOOL BUSES, PARTS, EQUIPMENT, LUBRICANTS  AND  FUEL  USED  FOR  SCHOOL
 PURPOSES  PURSUANT TO PARAGRAPH FORTY-FOUR OF SUBDIVISION (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 consumers (CPI-U), during the
 preceding twelve month  period,  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 peri-
 od of the contract.
   §  22. Paragraph (b) of subdivision 1 of section 3627 of the education
 law, as amended by section 7 of part A of chapter  56  of  the  laws  of
 2014, is amended to read as follows:
   (b)  reimbursing the cost incurred by licensed transportation carriers
 pursuant to contracts, WHICH MAY INCLUDE FRINGE BENEFITS INCLUDING,  BUT
 NOT  LIMITED  TO,  QUALIFIED  TUITION REDUCTIONS ALLOWABLE UNDER FEDERAL
 LAW, with such school district for providing  transportation  for  those
 children  attending  public and nonpublic schools in grades kindergarten
 through six who remain at the same school for which  they  are  enrolled
 for  regularly scheduled academic classes from half-past nine o'clock in
 the morning or earlier until four o'clock in the afternoon or later,  on
 weekdays,  and  reside at least one mile from their school of attendance
 for grades three through six, and at  least  one-half  mile  from  their
 school of attendance for grades kindergarten through two.
   §  23. Subdivision 1 of section 3623-a of the education law is amended
 by adding a new paragraph g to read as follows:
   G. FOR TRANSPORTATION CONTRACTS PROVIDED PURSUANT TO  SECTION  THIRTY-
 SIX HUNDRED TWENTY-SEVEN OF THIS PART, WHICH MAY INCLUDE FRINGE BENEFITS
 INCLUDING,  BUT  NOT  LIMITED TO, QUALIFIED TUITION REDUCTIONS ALLOWABLE
 UNDER FEDERAL LAW.
   § 24. Section 207 of the education law is amended to read as follows:
   § 207. Legislative power.  1. Subject and in conformity to the consti-
 tution and laws of the state, the  regents  shall  exercise  legislative
 functions  concerning the educational system of the state, determine its
 educational policies, and, except, as to the judicial functions  of  the
 commissioner  [of  education],  establish rules for carrying into effect
 the laws and policies of the state, relating to education, and the func-
 tions, powers, duties and trusts conferred or charged upon the universi-

 S. 2006--B                         47
 
 ty and the [education] department.   But no  enactment  of  the  regents
 shall  modify  in  any  degree  the freedom of the governing body of any
 seminary for the training of priests or clergymen to determine and regu-
 late  the  entire course of religious, doctrinal or theological instruc-
 tion to be given in such institution.   No rule by  which  more  than  a
 majority  vote shall be required for any specified action by the regents
 shall be amended, suspended or repealed by  a  smaller  vote  than  that
 required  for action thereunder.  Rules or regulations, or amendments or
 repeals thereof, adopted or prescribed by the  commissioner  [of  educa-
 tion]  as  provided  by  law  shall  not  be  effective unless and until
 approved by the regents, except where  authority  is  conferred  by  the
 regents  upon the commissioner [of education] to adopt, prescribe, amend
 or repeal such rules or regulations.
   2. PRIOR TO PROMULGATION OF ANY RULE, REGULATION, AMENDMENT OR REPEAL,
 PURSUANT TO THIS SECTION OF ANY OTHER PROVISION OF LAW GRANTING RULEMAK-
 ING OR REGULATORY AUTHORITY, THE REGENTS SHALL  REQUEST  A  FISCAL  NOTE
 FROM  THE  DIVISION OF BUDGET. NO RULE, REGULATION, AMENDMENT, OR REPEAL
 SHALL BE PROMULGATED UNLESS A FISCAL NOTE FROM THE  DIVISION  OF  BUDGET
 HAS  BEEN  FILED WITH THE SECRETARY OF THE BOARD OF REGENTS. SUCH FISCAL
 NOTE SHALL STATE THE ESTIMATED ANNUAL COSTS OF  IMPLEMENTING  THE  RULE,
 REGULATION, AMENDMENT, OR REPEAL TO THE STATE, SCHOOL DISTRICTS, AND ANY
 OTHER  APPLICABLE  POLITICAL  SUBDIVISIONS. THE REQUIREMENT FOR A FISCAL
 NOTE MAY BE WAIVED AT THE DISCRETION OF THE DIRECTOR OF THE DIVISION  OF
 BUDGET FOR RULES, REGULATIONS, AMENDMENTS, OR REPEALS PROMULGATED PURSU-
 ANT  TO SUBDIVISION SIX OF SECTION TWO HUNDRED TWO OF THE STATE ADMINIS-
 TRATIVE PROCEDURE ACT.
   § 25. The public authorities law is amended by adding  a  new  section
 1680-s to read as follows:
   §  1680-S.  SPECIAL  FINANCING  AUTHORITY  FOR PUBLIC SCHOOL DISTRICTS
 FACING TAX CERTIORARI SETTLEMENTS IN EXCESS OF THE TOTAL SCHOOL  BUDGET.
 1.  "ELIGIBLE  SCHOOL  DISTRICT"  SHALL MEAN A SCHOOL DISTRICT THAT IS A
 PARTY TO A TAX CERTIORARI SETTLEMENT AGREEMENT, THE TOTAL COSTS OF WHICH
 EXCEED THE TOTAL ANNUAL SCHOOL BUDGET AT THE TIME THE  DISTRICT  APPLIES
 FOR REFINANCING THROUGH THE AUTHORITY.
   2.    NOTWITHSTANDING  THE  PROVISIONS OF ANY LAW TO THE CONTRARY, THE
 AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION  ARE  AUTHORIZED,  UPON
 APPLICATION  BY AN ELIGIBLE SCHOOL DISTRICT, TO ISSUE BONDS AND NOTES IN
 ONE OR MORE SERIES FOR PURPOSES OF ASSUMING DEBT AND  INTEREST  FROM  AN
 ELIGIBLE  SCHOOL  DISTRICT  RELATED TO THE REPAYMENT OF A TAX CERTIORARI
 SETTLEMENT AGREEMENT. THE AGGREGATE PRINCIPAL AMOUNT OF SUCH  BONDS  AND
 NOTES SHALL NOT EXCEED THE TOTAL COSTS OF SUCH PAYMENTS AND INTERESTS AS
 DETERMINED BY THE AUTHORITY OR THREE HUNDRED SIXTY-NINE MILLION DOLLARS,
 WHICHEVER  IS  LESS. SUCH BONDS AND NOTES OF THE AUTHORITY AND THE URBAN
 DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE  STATE
 SHALL NOT BE LIABLE THEREON.
   §  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.  A. Notwithstanding any provision
 of law to the contrary,
   (I) 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
   (II) for the two thousand nine--two  thousand  ten  and  two  thousand
 ten--two  thousand  eleven  school  years, each school district shall be

 S. 2006--B                         48
 
 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 thou-
 sand nine school year where such programs operate for a minimum of nine-
 ty 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
   (III) 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
   (IV) for two thousand twelve--two thousand thirteen through two  thou-
 sand  sixteen--two  thousand seventeen school years each school district
 shall be eligible for a maximum grant equal to the greater of [(i)]  (A)
 the  amount  set forth for such school district as "UNIVERSAL PREKINDER-
 GARTEN" under the heading "2010-11 BASE YEAR AIDS"  in  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the 2011-12 school year and entitled "SA111-2", or [(ii)] (B)
 the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
 GARTEN"  under  the  heading  "2010-11 BASE YEAR AIDS" in the school aid
 computer listing produced by the  commissioner  on  May  fifteenth,  two
 thousand  eleven  pursuant  to  paragraph b of subdivision twenty-one of
 section three hundred five of this chapter, and [provided  further  that
 the  maximum  grant shall not exceed the total actual grant expenditures
 incurred by the school district in the current school year  as  approved
 by the commissioner.
   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.]
   (V) FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR,
 EACH  SCHOOL  DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT EQUAL
 TO THE SUM OF (A) THE AMOUNT SET  FORTH  FOR  SUCH  SCHOOL  DISTRICT  AS
 "UNIVERSAL  PREKINDERGARTEN"  UNDER THE HEADING "2016-17 ESTIMATED AIDS"
 IN THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND

 S. 2006--B                         49
 
 SEVENTEEN SCHOOL YEAR AND ENTITLED "SA161-7", WHERE, FOR THE PURPOSES OF
 SUCH  RUN,  THE  SELECTED  AID  PER FULL-DAY KINDERGARTEN PUPIL SHALL BE
 COMPUTED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION PLUS (B) THE AMOUNT
 AWARDED  TO SUCH SCHOOL DISTRICT FOR THE PRIORITY FULL-DAY PREKINDERGAR-
 TEN AND EXPANDED HALF-DAY PREKINDERGARTEN 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  FOUR-
 TEEN, AND
   (VI) FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR,
 EACH  SCHOOL  DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT EQUAL
 TO THE SUM OF (A) THE AMOUNT SET  FORTH  FOR  SUCH  SCHOOL  DISTRICT  AS
 "UNIVERSAL  PREKINDERGARTEN"  FOR  THE  CURRENT  YEAR  IN THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
 PLUS  (B)  THE  AMOUNT  AWARDED  TO SUCH SCHOOL DISTRICT FOR THE FEDERAL
 PRESCHOOL DEVELOPMENT EXPANSION GRANT FOR THE TWO  THOUSAND  SEVENTEEN--
 TWO  THOUSAND EIGHTEEN SCHOOL YEAR PURSUANT TO THE AMERICAN RECOVERY AND
 REINVESTMENT ACT OF 2009 (ARRA), SECTIONS 14005, 14006, AND 14013, TITLE
 XIV, (PUBLIC LAW 112-10), AS AMENDED BY SECTION 1832(B) OF DIVISION B OF
 THE DEPARTMENT OF DEFENSE AND FULL-YEAR CONTINUING  APPROPRIATIONS  ACT,
 2011  (PUB.  L.  112-10), AND THE DEPARTMENT OF EDUCATION APPROPRIATIONS
 ACT, 2012 (TITLE III DIVISION F OF PUB. L.    112-74,  THE  CONSOLIDATED
 APPROPRIATIONS ACT, 2012), AND
   (VII)  FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR,
 EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT  AMOUNT  EQUAL
 TO  THE  SUM  OF  (A)  THE  AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL PREKINDERGARTEN" FOR THE  CURRENT  YEAR  IN  THE  SCHOOL  AID
 COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
 BUDGET FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL  YEAR
 PLUS  (B)  THE  AMOUNT AWARDED TO SUCH SCHOOL DISTRICT FOR THE STATEWIDE
 FULL-DAY PREKINDERGARTEN PROGRAM  FOR  THE  TWO  THOUSAND  EIGHTEEN--TWO
 THOUSAND  NINETEEN  SCHOOL  YEAR  PURSUANT TO SECTION THIRTY-SIX HUNDRED
 TWO-EE OF THIS PART, AND
   (VIII) FOR THE TWO THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL
 YEAR,  EACH  SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT
 EQUAL TO THE SUM OF (A) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL PREKINDERGARTEN" FOR THE  CURRENT  YEAR  IN  THE  SCHOOL  AID
 COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
 BUDGET FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEAR
 PLUS  (B)  THE  AMOUNT  AWARDED TO SUCH SCHOOL DISTRICT FOR THE EXPANDED
 PREKINDERGARTEN PROGRAM FOR THREE AND FOUR YEAR-OLDS FOR THE  TWO  THOU-
 SAND  NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL  YEAR  PURSUANT TO CHAPTER
 SIXTY-ONE OF THE LAWS OF TWO THOUSAND FIFTEEN, AND
   (IX) FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL
 YEAR,  EACH  SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT
 EQUAL TO THE SUM OF (A) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL PREKINDERGARTEN" FOR THE  CURRENT  YEAR  IN  THE  SCHOOL  AID
 COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
 BUDGET FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL  YEAR
 PLUS  (B)  THE  AMOUNT  AWARDED TO SUCH SCHOOL DISTRICT FOR THE EXPANDED
 PREKINDERGARTEN FOR THREE YEAR-OLDS IN HIGH NEED DISTRICTS  PROGRAM  FOR
 THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR PURSUANT TO
 CHAPTER FIFTY-THREE OF THE LAWS OF TWO THOUSAND SIXTEEN, AND
   (X)  FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
 GRANT AMOUNT EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL  DISTRICT  AS

 S. 2006--B                         50
 
 "UNIVERSAL  PREKINDERGARTEN"  FOR  THE  CURRENT  YEAR  IN THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET  FOR  THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
 YEAR.
   b. For purposes of paragraph a of this subdivision:
   (i)  "Selected  aid  per  prekindergarten pupil", FOR THE TWO THOUSAND
 SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER 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] TEN THOUSAND DOLLARS;
   (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"
 SHALL EQUAL THE MAXIMUM  AIDABLE  FULL-DAY  PREKINDERGARTEN  PUPILS  AND
 CONVERSION PUPILS IN THE BASE YEAR IN ANY PROGRAM ELIGIBLE FOR UNIVERSAL
 PREKINDERGARTEN FUNDING IN THE CURRENT YEAR;
   (iii)  "HALF-DAY  PREKINDERGARTEN  PUPILS" SHALL EQUAL (A) THE MAXIMUM
 AIDABLE HALF-DAY PREKINDERGARTEN PUPILS AND  CONVERSION  PUPILS  IN  THE
 BASE  YEAR IN ANY PROGRAM ELIGIBLE FOR UNIVERSAL PREKINDERGARTEN FUNDING
 IN THE CURRENT YEAR MINUS (B) THE  NUMBER  OF  HALF-DAY  PREKINDERGARTEN
 PUPILS  CONVERTED INTO FULL-DAY PREKINDERGARTEN PUPILS UNDER ANY PROGRAM
 ELIGIBLE FOR UNIVERSAL PREKINDERGARTEN FUNDING IN THE CURRENT YEAR;
   (IV) "BASE YEAR PREKINDERGARTEN MAINTENANCE OF EFFORT" SHALL MEAN  THE
 SUM  OF MAXIMUM AIDABLE FULL DAY FOUR YEAR-OLD PREKINDERGARTEN PUPILS IN
 THE BASE YEAR PLUS THE PRODUCT OF ONE HALF (0.5) MULTIPLIED BY THE MAXI-
 MUM AIDABLE HALF DAY FOUR YEAR-OLD PREKINDERGARTEN PUPILS  IN  THE  BASE
 YEAR,  PROVIDED  THAT  THREE  YEAR-OLD  PUPILS  PREVIOUSLY SERVED IN ANY
 PROGRAM SHALL NOT BE CONSIDERED FOR ANY MAINTENANCE EFFORT;
   (V) "CURRENT YEAR PREKINDERGARTEN PUPILS SERVED" SHALL MEAN THE SUM OF
 FULL-DAY FOUR YEAR-OLD PREKINDERGARTEN PUPILS SERVED IN THE CURRENT YEAR
 PLUS THE PRODUCT OF ONE HALF (0.5) MULTIPLIED BY THE HALF-DAY FOUR YEAR-
 OLD PREKINDERGARTEN PUPILS IN THE CURRENT YEAR;
   (VI) "MAINTENANCE OF EFFORT FACTOR" SHALL MEAN THE QUOTIENT ARRIVED AT
 WHEN DIVIDING THE CURRENT YEAR PREKINDERGARTEN PUPILS SERVED BY THE BASE
 YEAR PREKINDERGARTEN MAINTENANCE OF EFFORT;
   (VII) "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 THREE OR  four  before
 December first of the base year, who were served during such school year

 S. 2006--B                         51
 
 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 thousand
 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
 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].
   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 LESS THE MAINTENANCE
 OF EFFORT REDUCTION PURSUANT TO SUBDIVISION ELEVEN OF  THIS  SECTION  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:

 S. 2006--B                         52
 
   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 BASE YEAR PREKINDERGARTEN MAINTENANCE  OF
 EFFORT,  THE  SCHOOL  DISTRICT SHALL HAVE ITS CURRENT YEAR APPORTIONMENT
 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 IN THE CURRENT YEAR PURSUANT TO  PARA-
 GRAPH A OF SUBDIVISION TEN OF THIS SECTION.
   § 28. Subdivision 21 of section 305 of the education law is amended by
 adding a new paragraph d to read as follows:
   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 THROUGH TWO THOUSAND TWEN-
 TY-ONE--TWO  THOUSAND  TWENTY-TWO  SCHOOL  YEARS,  THE  COMMISSIONER  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,  NOTWITHSTANDING  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.
   § 29. Paragraph c of subdivision 1 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:
   c. "Eligible children" shall mean resident children who are  THREE  OR
 four  years of age on or before December first of the year in which they
 are enrolled or who will otherwise be first  eligible  to  enter  public
 school kindergarten commencing with the following school year.
   §  30.  Subparagraphs  (i) and (ii) of paragraph c of 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, are amended to read 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,

 S. 2006--B                         53
 
 no later than June thirtieth,  two  thousand  [seventeen]  NINETEEN,  at
 which time such certification shall be required for employment.
   § 31. Section 2 of part CC of chapter 56 of the laws of 2014, amending
 the  education  law  relating to universal full-day pre-kindergarten, is
 amended to read as follows:
   § 2. This act shall take effect immediately, AND SHALL EXPIRE  AND  BE
 DEEMED REPEALED JULY 1, 2019.
   §  32.  Paragraph (a) of subdivision 1 of section 2590-c of the educa-
 tion law, as amended by chapter 345 of the laws of 2009, is  amended  to
 read as follows:
   (a)  Nine voting members shall be parents whose children are attending
 a school OR A PRE-KINDERGARTEN PROGRAM under  the  jurisdiction  of  the
 community  district,  or  have  attended  a school OR A PRE-KINDERGARTEN
 PROGRAM under the jurisdiction of  the  community  district  within  the
 preceding  two  years, and shall be selected by the presidents and offi-
 cers of the parents' association or parent-teachers'  association.  Such
 members shall serve for a term of two years.  Presidents and officers of
 parents'  associations  or  parent-teachers' associations who are candi-
 dates in the selection process pursuant to this  section  shall  not  be
 eligible  to cast votes in such selection process. The association shall
 elect a member to vote in the place of each such  president  or  officer
 for the purposes of the selection process.
   §  33. 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] 2018;
   § 34. Subdivision 11 of section 94 of part C of chapter 57 of the laws
 of 2004 relating to support of education is REPEALED.
   § 35. Section 3641 of the education law is amended  by  adding  a  new
 subdivision 17 to read as follows:
   17.  SECURITY  REIMBURSEMENTS  FOR NONPUBLIC SCHOOLS.  NOTWITHSTANDING
 ANY LAW, RULE, OR REGULATION TO THE CONTRARY,  THE  STATE  POLICE  SHALL
 DEVELOP RISK ASSESSMENT PLANS FOR NONPUBLIC SCHOOLS TO RECOMMEND PERSON-
 NEL NEEDED TO ENSURE SCHOOL SAFETY AND INFRASTRUCTURE IMPROVEMENTS NEED-
 ED TO ENSURE SCHOOL SAFETY. IN ADDITION TO EXISTING NONPUBLIC SAFETY AND
 SECURITY  GRANTS,  NONPUBLIC  SCHOOLS MAY BE REIMBURSED FOR THE COSTS OF
 IMPLEMENTING  SUCH  RECOMMENDATIONS  BEGINNING  WITH  EXPENSES  INCURRED
 DURING  THE  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR.
 SUCH REIMBURSEMENTS SHALL BE ANNUALLY  LIMITED  TO  THIRTY-FOUR  MILLION
 DOLLARS  AND  SHALL  BE DISTRIBUTED BY THE OFFICE OF RELIGIOUS AND INDE-
 PENDENT SCHOOLS. IN THE EVENT THAT APPLICATIONS FOR REIMBURSEMENT EXCEED
 THIRTY-FOUR MILLION DOLLARS, THEN EACH APPLICANT  SHALL  ONLY  BE  REIM-
 BURSED  AN  AMOUNT  EQUAL  TO  THE  PERCENTAGE  THAT EACH SUCH APPLICANT
 REPRESENTS TO THE TOTAL OF ALL APPLICATIONS SUBMITTED.    FOR  NONPUBLIC
 SCHOOLS  LOCATED  IN  CITIES  WITH  A POPULATION OF ONE MILLION OR MORE,
 LOCALLY FUNDED SAFETY AND SECURITY GRANTS MAY BE  USED  TO  SATISFY  THE
 RECOMMENDATIONS OF THE RISK ASSESSMENT PLAN.
   § 36. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments to subdivision 1 of section 2856 of the education
 law made by section four of this act shall not affect the expiration  of
 such subdivision and shall expire therewith;
   (b)  section  twelve  of  this act shall expire and be deemed repealed
 July 1, 2019;

 S. 2006--B                         54
 
   (c) section eighteen of this act shall take effect  on  the  first  of
 July next succeeding the date on which it shall have become a law;
   (d) section twenty 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, 2018;
   (e) sections twenty-two and twenty-three of this act shall  be  deemed
 to  have been in full force and effect on and after section 23 of part A
 of chapter 57 of the laws of 2013, took effect;
   (f) the amendments to section 3602-ee of the education  law,  made  by
 section  thirty  of this act, shall not affect the expiration and repeal
 of such section, and shall expire and be deemed repealed therewith; and
   (g) the amendments to section 2590-c of  the  education  law  made  by
 section  thirty-two  of  this  act  shall  not affect the repeal of such
 section and shall be deemed repealed therewith.
 
                                 PART A-2
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Erin Merryn's law".
   §  2.  Legislative  findings  and  intent.  The  legislature finds and
 declares that child sexual abuse, estimated to affect up to one in  four
 girls  and up to one in six boys, poses a grave threat to the health and
 safety of young people, and its damaging effects can last a lifetime.
   The legislature also finds and declares that  child  sexual  exploita-
 tion, including the use of children in pornography and prostitution, and
 child  abduction pose a similar threat to the health and safety of young
 people, and put child victims at grave risk of death  or  severe  bodily
 harm.
   The  legislature  also  finds and declares that the incidence of child
 sexual abuse, child sexual  exploitation  and  child  abduction  can  be
 reduced  by raising awareness among young children of common dangers and
 warning signs, empowering children to  better  protect  themselves  from
 sexual  predators,  and  teaching  children  how to obtain any necessary
 assistance or services.
   It is hereby declared to be the public policy and in the public inter-
 est of this state to establish a comprehensive  program  to  provide  an
 age-appropriate  course of instruction in the prevention of child abduc-
 tion, child sexual exploitation and child sexual abuse.
   § 3. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 56 to read as follows:
   56.  A.  THE  COMMISSIONER  SHALL  MAKE RECOMMENDATIONS TO THE REGENTS
 RELATING TO INSTRUCTION TO PREVENT CHILD SEXUAL EXPLOITATION  AND  CHILD
 ABUSE IN GRADES KINDERGARTEN THROUGH EIGHT.
   B. PRIOR TO MAKING THE RECOMMENDATIONS TO THE REGENTS, THE COMMISSION-
 ER SHALL:
   (I)  SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL ADMINISTRATORS,
 TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE  PROPOSED
 CURRICULUM;
   (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
   (III)  CONSIDER  THE AMOUNT OF INSTRUCTIONAL TIME SUCH CURRICULUM WILL
 REQUIRE AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED  COURSES
 OF STUDY;
   (IV)  CONSIDER  THE  FISCAL  IMPACT,  IF  ANY, ON THE STATE AND SCHOOL
 DISTRICTS; AND
   (V) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.

 S. 2006--B                         55
 
   C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
 REGENTS TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND REGULATIONS
 IMPLEMENTING  SUCH  CURRICULUM  OR  REJECT  THE  IMPLEMENTATION  OF SUCH
 CURRICULUM.  UPON  RECEIVING  A  RECOMMENDATION  FROM  THE COMMISSIONER,
 PURSUANT TO THIS SUBDIVISION, THE REGENTS SHALL VOTE TO EITHER ACCEPT OR
 REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER THAN SIXTY DAYS  AFTER
 RECEIVING SUCH RECOMMENDATION.
   D.  IF  THE  REGENTS ADOPT SUCH CURRICULUM, THE CURRICULUM REQUIREMENT
 SHALL TAKE EFFECT NO LATER THAN THE NEXT SCHOOL YEAR AFTER SUCH  CURRIC-
 ULUM HAS BEEN ADOPTED.
   E.  IF  THE  REGENTS  REJECT  SUCH  CURRICULUM, THE COMMISSIONER SHALL
 PROVIDE A REPORT AS TO THE DETERMINATION OF THE REGENTS TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY  AND
 THE  CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON EDUCATION PROVIDING
 THE REASONS FOR SUCH REJECTION NOT LATER  THAN  THIRTY  DAYS  AFTER  THE
 REGENTS REJECT SUCH CURRICULUM.
   § 4. This act shall take effect immediately.
 
                                 PART A-3
 
   Section 1. Legislative findings. The legislature hereby finds that the
 closure  of  the  Indian  Point  nuclear  power plant located within the
 Hendrick Hudson central school district may result in instability in the
 real property tax base and the budgets of the district due to the uncer-
 tainty of future payments and  impact  the  closure  will  have  on  the
 taxpayers.
   § 2. Definitions. As used in this act:
   (a)  "Board  of  education" or "board" means the board of education of
 the Hendrick Hudson central school district.
   (b) "Energy system tax stabilization reserve fund"  means  the  energy
 system tax stabilization fund established pursuant to this act.
   (c)  "School district" or "district" means the Hendrick Hudson central
 school district.
   § 3. The board of education is hereby authorized to establish an ener-
 gy system tax stabilization reserve fund to lessen or prevent  increases
 in the school district's real property tax levy resulting from decreases
 in  revenue  due  to the closure of the Indian Point nuclear power plant
 provided, however,  that  no  such  fund  shall  be  established  unless
 approved  by a majority vote of the voters present and voting on a sepa-
 rate ballot proposition therefor at either a  special  district  meeting
 which  the board of education may call for such purpose or at the annual
 district meeting and election, to be noticed  and  conducted  in  either
 case  in  accordance with article 41 of the education law. Such separate
 proposition shall set forth the maximum allowable balance to be deposit-
 ed and held in the energy system stabilization  reserve  fund.    Moneys
 shall  be  paid  into  and withdrawn from the fund and the fund shall be
 administered as follows:
   (a) The board of education is hereby authorized to make payments  into
 the  energy  system  tax  stabilization reserve fund in an amount not to
 exceed the balance over any maximum allowable balance in such unassigned
 fund balance and from any reserve funds authorized or required by law in
 amounts which the board of education shall determine are not  reasonably
 necessary  for the purpose of such fund or funds and which accrued prior
 to the establishment of the energy system tax stabilization reserve fund
 provided that no such payment from any unassigned fund  balance  or  any

 S. 2006--B                         56
 
 reserve  fund  shall  cause the balance of the fund to exceed the amount
 approved in the ballot proposal pursuant to this section.
   (b)  Moneys  may be withdrawn from the energy system tax stabilization
 reserve fund for any fiscal year to be expended for any lawful  purpose.
 Withdrawals from the fund shall be disclosed in a manner consistent with
 the  required disclosures of similar reserve funds held by the district,
 including disclosures required by the property tax report card  prepared
 by  the  district pursuant to the provisions of subdivision 7 of section
 1716 of the education law; and deposits and  withdrawals  made  in  each
 fiscal  year  shall  be  subject to he district's annual budget approval
 process.
   (c) The moneys in the energy system  tax  stabilization  reserve  fund
 shall  be  deposited,  invested and accounted for in the manner provided
 for in subdivisions 2 and 6 of section 3651  and  section  3652  of  the
 education law.
   § 4. This act shall take effect immediately.
 
                                  PART B
 
   Section  1.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY PROVIDE A  COLLABO-
 RATIVE  ALTERNATIVE  EDUCATION PROGRAM KNOWN AS A "RECOVERY HIGH SCHOOL"
 FOR STUDENTS (I) DIAGNOSED WITH SUBSTANCE USE DISORDER,  AS  DEFINED  BY
 THE  DIAGNOSTIC  AND  STATISTICAL MANUAL OF MENTAL DISORDERS V, AND (II)
 WHO HAVE DEMONSTRATED A COMMITMENT TO RECOVERY. PROVIDED THAT A RECOVERY
 HIGH SCHOOL MAY BE ONE OF THREE SUCH SCHOOLS AUTHORIZED BY  THE  COMMIS-
 SIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES IN
 CONJUNCTION WITH THE COMMISSIONER,  PROVIDED  THAT  EACH  RECOVERY  HIGH
 SCHOOL SHALL CONTAIN THE FOLLOWING PROGRAM ELEMENTS: (A) A COMPREHENSIVE
 FOUR  YEAR  HIGH SCHOOL EDUCATION, (B) A STRUCTURED PLAN OF RECOVERY FOR
 STUDENTS, (C) A PARTNERSHIP WITH A LOCAL  SOCIAL  SERVICES  AGENCY  WITH
 EXPERTISE IN SUBSTANCE USE DISORDER AND MENTAL HEALTH, AND (D) ANY OTHER
 PROGRAM ELEMENTS PURSUANT TO REGULATIONS OF THE COMMISSIONER OF ALCOHOL-
 ISM  AND SUBSTANCE ABUSE SERVICES.  ONE SUCH SCHOOL ESTABLISHED PURSUANT
 TO THIS SECTION SHALL BE LOCATED IN EITHER NASSAU OR SUFFOLK COUNTY  AND
 THE  OTHER  TWO SCHOOLS SHALL BE LOCATED IN COUNTIES THAT ARE NOT NASSAU
 OR SUFFOLK COUNTY.
   (1) PROGRAM AND ADMINISTRATIVE COSTS  ALLOCATED  TO  COMPONENT  SCHOOL
 DISTRICTS  IN ACCORDANCE WITH A RECOVERY HIGH SCHOOL PROGRAM PURSUANT TO
 THIS PARAGRAPH SHALL BE ELIGIBLE FOR BOCES  AID  AS  AN  AIDABLE  SHARED
 SERVICE  PURSUANT TO THIS SECTION AND COSTS ALLOCATED TO A PARTICIPATING
 NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A MEMORANDUM OF  UNDERSTANDING
 SHALL  BE  AIDABLE  PURSUANT  TO SUBDIVISION FIVE OF THIS SECTION TO THE
 SAME EXTENT AND ON THE SAME BASIS AS  COSTS  ALLOCATED  TO  A  COMPONENT
 SCHOOL DISTRICT.
   (2)  THE  TRUSTEES  OR  BOARD  OF  EDUCATION OF A NON-COMPONENT SCHOOL
 DISTRICT, INCLUDING CITY SCHOOL DISTRICTS OF CITIES  IN  EXCESS  OF  ONE
 HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, MAY ENTER INTO A MEMORANDUM OF
 UNDERSTANDING  WITH  A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES TO
 PARTICIPATE IN A RECOVERY HIGH SCHOOL PROGRAM FOR A PERIOD NOT TO EXCEED
 FIVE YEARS UPON SUCH TERMS AS SUCH TRUSTEES OR BOARD  OF  EDUCATION  AND
 THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  MAY  MUTUALLY AGREE,
 PROVIDED THAT SUCH AGREEMENT MAY PROVIDE FOR A CHARGE FOR ADMINISTRATION
 OF THE RECOVERY HIGH  SCHOOL  PROGRAM  BUT  PARTICIPATING  NON-COMPONENT

 S. 2006--B                         57
 
 SCHOOL  DISTRICTS  SHALL  NOT  BE  LIABLE  FOR PAYMENT OF ADMINISTRATIVE
 EXPENSES AS DEFINED IN PARAGRAPH B OF THIS SUBDIVISION.
   § 2. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding a new subparagraph 12 to read as follows:
   (12)  TO  ENTER  INTO CONTRACTS WITH THE COMMISSIONER OF THE OFFICE OF
 ALCOHOLISM AND  SUBSTANCE  ABUSE  SERVICES,  SUBSTANCE  ABUSE  TREATMENT
 PROVIDERS,  AND  ANY  OTHER  ORGANIZATION FOR THE PURPOSE OF OPERATING A
 RECOVERY HIGH SCHOOL  PROGRAM.  ANY  SUCH  PROPOSED  CONTRACT  SHALL  BE
 SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMISSIONER.
   §  3.  On  or  before  December 31, 2017, and annually thereafter, the
 commissioner of the office of alcoholism and substance  abuse  services,
 in  conjunction  with  the commissioner of education shall report to the
 governor, speaker of the assembly and temporary president of the  senate
 on the status of schools established pursuant to this section and appli-
 cable statistics on the operation of the schools.
   §  4. This act shall take effect immediately, and shall expire July 1,
 2022 when upon such date the provisions of  this  act  shall  be  deemed
 repealed.
 
                                  PART C
 
   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.

 S. 2006--B                         58
 
   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
 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

 S. 2006--B                         59
 
   (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
 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

 S. 2006--B                         60

 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
 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

 S. 2006--B                         61
 
 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
 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;

 S. 2006--B                         62
 
   [(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-
 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

 S. 2006--B                         63
 
 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
 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

 S. 2006--B                         64

 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
 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

 S. 2006--B                         65

 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
 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,

 S. 2006--B                         66
 
 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.  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

 S. 2006--B                         67

 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
 
                           Intentionally Omitted
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K

   Section  1.  This part enacts into law major components of legislation
 which are necessary for the financing of various child welfare services.
 Each component is  wholly  contained  within  a  subpart  identified  as

 S. 2006--B                         68
 
 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
 
   Section  1.  Subdivision 10 of section 153 of the social services law,
 as amended by section 2 of part O of chapter 58 of the laws of 2011,  is
 amended to read as follows:
   10.  Expenditures  made  by a social services district for the mainte-
 nance of children with disabilities, placed by school districts,  pursu-
 ant  to  section  forty-four hundred five of the education law shall, if
 approved by the office of children and family services,  be  subject  to
 eighteen  and four hundred twenty-four thousandths percent reimbursement
 by the state and thirty-eight and four hundred  twenty-four  thousandths
 percent  reimbursement  by  school districts, EXCEPT FOR SOCIAL SERVICES
 DISTRICTS LOCATED WITHIN A CITY WITH A  POPULATION  OF  ONE  MILLION  OR
 MORE,  WHERE  SUCH  EXPENDITURES SHALL BE SUBJECT TO FIFTY-SIX AND EIGHT
 HUNDRED FORTY-EIGHT THOUSANDTHS  PERCENT  REIMBURSEMENT  BY  THE  SCHOOL
 DISTRICT,  in  accordance with paragraph c of subdivision one of section
 forty-four hundred five of the  education  law,  after  first  deducting

 S. 2006--B                         69
 
 therefrom  any  federal  funds  received or to be received on account of
 such expenditures, except that in the case  of  a  student  attending  a
 state-operated  school for the deaf or blind pursuant to article eighty-
 seven  or  eighty-eight  of the education law who was not placed in such
 school by a school district such expenditures shall be subject to  fifty
 percent  reimbursement  by the state after first deducting therefrom any
 federal funds received or to be received on account of such expenditures
 and there shall be no reimbursement by school districts.  Such  expendi-
 tures  shall  not  be  subject to the limitations on state reimbursement
 contained in subdivision two of section  one  hundred  fifty-three-k  of
 this  title.  In the event of the failure of the school district to make
 the maintenance payment pursuant to the provisions of this  subdivision,
 the  state  comptroller  shall  withhold state reimbursement to any such
 school district in an amount equal to the unpaid obligation for  mainte-
 nance and pay over such sum to the social services district upon certif-
 ication  of  the  commissioner  of  the  office  of  children and family
 services and the commissioner of education that such funds  are  overdue
 and  owed  by  such school district.   The commissioner of the office of
 children and family services, in consultation with the  commissioner  of
 education,  shall  promulgate regulations to implement the provisions of
 this subdivision.
   § 2. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a) Notwithstanding the provisions of this chapter or of any other law
 to the contrary, eligible expenditures by a social services district for
 foster  care services shall be subject to reimbursement with state funds
 only to the extent of annual appropriations to  the  state  foster  care
 block  grant.  Such  foster care services shall include expenditures for
 the provision and administration of: care, maintenance, supervision  and
 tuition;  supervision  of foster children placed in federally funded job
 corps programs; and care, maintenance, supervision and tuition for adju-
 dicated juvenile delinquents and persons in need of  supervision  placed
 in  residential  programs operated by authorized agencies and in out-of-
 state residential  programs;  EXCEPT  THAT,  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, REIMBURSEMENT WITH STATE FUNDS PURSU-
 ANT TO THE STATE FOSTER CARE BLOCK GRANT  SHALL  NOT  BE  AVAILABLE  FOR
 TUITION  EXPENDITURES  FOR FOSTER CHILDREN, INCLUDING PERSONS IN NEED OF
 SUPERVISION AND ADJUDICATED  JUVENILE  DELINQUENTS,  MADE  BY  A  SOCIAL
 SERVICES  DISTRICT  LOCATED  WITHIN  A  CITY  HAVING A POPULATION OF ONE
 MILLION OR MORE.  Social services districts must develop  and  implement
 children  and  family  services  delivery  systems  that are designed to
 reduce the need for and the length of foster care  placements  and  must
 document  their efforts in the multi-year consolidated services plan and
 the annual implementation reports submitted pursuant to section  thirty-
 four-a of this chapter.
   §  3.  Paragraph  c  of subdivision 1 of section 4405 of the education
 law, as amended by section 1 of part O of chapter  58  of  the  laws  of
 2011, is amended to read as follows:
   c. Expenditures made by a social services district for the maintenance
 of  a  child  with a disability placed in a residential school under the
 provisions of this article, including a child with a  disability  placed
 by  a  school  district  committee on special education pursuant to this
 article in a special act school district, or a state school  subject  to
 the  provisions  of articles eighty-seven and eighty-eight of this chap-
 ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four

 S. 2006--B                         70

 thousandths  percent]  reimbursement  by  the child's school district of
 residence pursuant to the provisions of subdivision ten of  section  one
 hundred  fifty-three  of  the  social  services  law. The amount of such
 reimbursement shall be a charge upon such school district of residence.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 10 of section 153 of the  social  services
 law  made  by section one of this act shall not affect the expiration of
 such subdivision and shall expire therewith; and the amendments made  to
 paragraph  (a)  of subdivision 2 of section 153-k of the social services
 law made by section two of this act shall not affect the repeal of  such
 section and shall be deemed repealed therewith.
   §  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.
 
                                  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-

 S. 2006--B                         71
 
 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;
   (III) AUTHORIZE RUNAWAY AND HOMELESS YOUTH TO BE SERVED FOR ADDITIONAL
 PERIODS  OF  TIME  IN ACCORDANCE WITH ANY OF THE FOLLOWING PROVISIONS OF
 THIS CHAPTER:
   (A) PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-B;
   (B)  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY-
 TWO-B; OR
   (C) PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE  HUNDRED  THIRTY-
 TWO-D; AND
   (IV)  REQUIRE THAT ANOTHER DESIGNATED PERSON OR ENTITY, IN ADDITION TO
 THE APPLICABLE RUNAWAY AND HOMELESS YOUTH SERVICE  COORDINATOR,  APPROVE
 ANY EXIGENT CIRCUMSTANCE REQUEST AS SUCH TERM IS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THIS CHAPTER, MADE TO THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   (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 two new subdivisions  9  and  10  are
 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.

 S. 2006--B                         72
 
   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".
   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  THAT  ARE  IN  CRISIS,  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  THAT ARE IN CRISIS, in accordance with the APPLICABLE regulations
 of the office of temporary and disability assistance and the  office  of
 children and family 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

 S. 2006--B                         73
 
 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.
   10. "EXIGENT CIRCUMSTANCE REQUEST" SHALL MEAN  A  REQUEST  MADE  BY  A
 MUNICIPALITY TO THE OFFICE OF CHILDREN AND FAMILY SERVICES TO APPROVE:
   (A) AN ADDITIONAL LENGTH OF STAY IN:
   (I)  A RUNAWAY AND HOMELESS YOUTH CRISIS PROGRAM PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION TWO OF SECTION  FIVE  HUNDRED  THIRTY-TWO-B  OF  THIS
 ARTICLE; OR
   (II)  A  TRANSITIONAL INDEPENDENT LIVING PROGRAM PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION  FIVE  HUNDRED  THIRTY-TWO-D  OF  THIS
 ARTICLE; OR
   (B)  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 ARTICLE.
   §  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:
   § 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[.];

 S. 2006--B                         74
 
   (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; 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.
   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-
 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 UPON THE APPROVAL
 OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS
 OR HER DESIGNEE UPON WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES
 THAT  MAKE THE ADDITIONAL LENGTH OF STAY NECESSARY; THE DILIGENT EFFORTS
 THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE  ALTERNATIVE  LIVING
 ARRANGEMENTS  FOR SUCH YOUTH; AND THE APPROVAL FOR THE ADDITIONAL LENGTH
 OF STAY  FROM  THE  APPLICABLE  MUNICIPAL  RUNAWAY  AND  HOMELESS  YOUTH
 SERVICES  COORDINATOR  AND  ANY OTHER INDIVIDUAL OR ENTITY DESIGNATED IN
 THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   § 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

 S. 2006--B                         75
 
 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.
   (II) PROVIDED, HOWEVER, THAT SHELTER MAY BE  PROVIDED  TO  A  HOMELESS
 YOUTH  UNDER THE AGE OF SIXTEEN UPON THE APPROVAL OF THE COMMISSIONER OF
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR HER  DESIGNEE  UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT WARRANT SHELTER
 BEING  PROVIDED  TO THE YOUTH BASED ON CONSIDERATION OF THE YOUTH'S AGE;
 THE DILIGENT EFFORTS THAT HAVE BEEN MADE BY THE PROGRAM TO FIND SUITABLE
 ALTERNATIVE LIVING ARRANGEMENTS FOR SUCH YOUTH;  AND  APPROVAL  FOR  THE
 YOUTH TO BE SHELTERED IN THE PROGRAM FROM THE APPLICABLE MUNICIPAL RUNA-
 WAY  AND  HOMELESS  YOUTH COORDINATOR AND ANY OTHER INDIVIDUAL OR ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN.
   (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, UPON APPROVAL OF THE COMMISSIONER  OF
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNEE UPON
 WRITTEN DOCUMENTATION OF: THE EXIGENT CIRCUMSTANCES THAT MAKE THE  ADDI-
 TIONAL  LENGTH  OF  STAY  NECESSARY; THE DILIGENT EFFORTS THAT HAVE BEEN
 MADE BY THE PROGRAM TO FIND SUITABLE ALTERNATIVE LIVING ARRANGEMENTS FOR
 SUCH YOUTH; AND APPROVAL FROM THE APPLICABLE MUNICIPAL RUNAWAY AND HOME-
 LESS YOUTH SERVICES COORDINATOR, AND  ANY  OTHER  INDIVIDUAL  OR  ENTITY
 DESIGNATED IN THE MUNICIPALITY'S APPROVED COMPREHENSIVE PLAN;
   [(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;

 S. 2006--B                         76

   [(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;
   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; 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

 S. 2006--B                         77
 
 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;
   (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
 
                           Intentionally Omitted
 
                                  PART O
 
   Section  1. Subdivision 1 of section 131-r of the social services law,
 as added by chapter 81 of the laws of 1995 and as designated by  chapter
 340 of the laws of 2003, is amended to read as follows:
   1.    Any person who is receiving or has received, within the previous
 ten years, public assistance pursuant to the provisions of this article,
 and who wins a lottery prize of six hundred dollars or more shall  reim-
 burse  the  department from the winnings, for all such public assistance
 benefits paid to such person during the previous ten  years[;  provided,
 however,  that such crediting to the department shall in no event exceed
 fifty percent of the amount of  the  lottery  prize].  The  commissioner
 shall enter into an agreement with the director of the lottery, pursuant
 to  section sixteen hundred thirteen-b of the tax law, for the crediting
 of lottery prizes against public  assistance  benefits.  Nothing  herein
 shall limit the ability of a social services district to make recoveries

 S. 2006--B                         78
 
 pursuant  to  section  [104]  ONE  HUNDRED  FOUR  or section [106-b] ONE
 HUNDRED SIX-B of this chapter.
   § 2. Subdivisions 1 and 3 of section 1613-b of the tax law, as amended
 by chapter 601 of the laws of 2007, are amended to read as follows:
   (1) Notwithstanding any limitations in section one hundred four of the
 social services law, the director of the lottery, on behalf of the divi-
 sion  of  the  lottery,  shall  enter  into a written agreement with the
 commissioner of the office of temporary and  disability  assistance,  on
 behalf of the office of temporary and disability assistance, which shall
 set  forth the procedures for crediting any lottery prize of six hundred
 dollars or more awarded to an individual  against  any  and  all  public
 assistance  benefits which were given to or on behalf of such individual
 within a period of up to ten years prior to the issuance of  such  prize
 of  which  the  director of the lottery has been notified by the commis-
 sioner of the office of temporary and disability assistance pursuant  to
 the  provisions  of such agreement[; provided, however, that in no event
 shall such credit to the office of temporary and  disability  assistance
 exceed  fifty  percent  of  any such lottery prize and provided further]
 that, unless otherwise determined cost effective by the commissioner  of
 the  office  of  temporary and disability assistance and the director of
 the lottery such procedure shall be required only to the extent that and
 with respect to periods for which it can be effected  through  automated
 type match.
   (3)  Prior  to  awarding  any  lottery prize of six hundred dollars or
 more, the division of the lottery shall review the notice  of  liability
 of  public  assistance benefits paid provided by the office of temporary
 and disability assistance. For each lottery prize winner  identified  on
 such  notice  as an individual, who is receiving or has received, within
 the last ten years, public assistance  benefits,  the  lottery  division
 shall  credit  to the office of temporary and disability assistance such
 amount of the prize to satisfy the amount of public assistance  benefits
 indicated  as  received within the previous ten years, and any remainder
 shall be awarded to the prize winner[; provided,  however,  that  in  no
 event  shall  such  credit  to  the  office  of temporary and disability
 assistance exceed fifty percent of any such lottery prize].
   § 3. This act shall take effect July 1, 2017.
 
                                  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
 to the sum of the amounts set forth in subparagraphs one and two of this
 paragraph:

 S. 2006--B                         79
 
   (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] (A) FROM January first, two thousand sixteen TO
 MARCH  THIRTY-FIRST,  TWO THOUSAND SEVENTEEN, for an eligible individual
 receiving enhanced residential care, $1427.00; and  [(ii)]  (B)  for  an
 eligible  couple  receiving  enhanced  residential  care,  two times the
 amount set forth in [subparagraph (i)] CLAUSE (A)  of  this  [paragraph]
 SUBPARAGRAPH.
   (II)  (A)  FROM  APRIL  FIRST, TWO THOUSAND SEVENTEEN TO MARCH THIRTY-
 FIRST, TWO THOUSAND  EIGHTEEN,  FOR  AN  ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED RESIDENTIAL CARE, $1547; AND (B) FOR AN ELIGIBLE COUPLE RECEIV-
 ING  ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE
 (A) OF THIS SUBPARAGRAPH.
   (III) (A) FROM APRIL FIRST, TWO THOUSAND  EIGHTEEN  TO  MARCH  THIRTY-
 FIRST,  TWO  THOUSAND  NINETEEN,  FOR  AN  ELIGIBLE INDIVIDUAL RECEIVING
 ENHANCED RESIDENTIAL CARE, $1667; AND (B) FOR AN ELIGIBLE COUPLE RECEIV-
 ING ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN  CLAUSE
 (A) OF THIS SUBPARAGRAPH.

 S. 2006--B                         80
 
   (IV)  (A)  FROM  APRIL  FIRST,  TWO THOUSAND NINETEEN TO MARCH THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY,  FOR  AN  ELIGIBLE  INDIVIDUAL  RECEIVING
 ENHANCED RESIDENTIAL CARE, $1787; AND (B) FOR AN ELIGIBLE COUPLE RECEIV-
 ING  ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE
 (A) OF THIS SUBPARAGRAPH.
   (V)  (A)  FROM APRIL FIRST, TWO THOUSAND TWENTY TO MARCH THIRTY-FIRST,
 TWO THOUSAND TWENTY-ONE, FOR AN ELIGIBLE INDIVIDUAL  RECEIVING  ENHANCED
 RESIDENTIAL  CARE,  $1907;  AND  (B)  FOR  AN  ELIGIBLE COUPLE RECEIVING
 ENHANCED RESIDENTIAL CARE, TWO TIMES THE AMOUNT SET FORTH IN CLAUSE  (A)
 OF THIS SUBPARAGRAPH.
   (VI) (A) FROM APRIL FIRST, TWO THOUSAND TWENTY-ONE AND THEREAFTER, FOR
 AN  ELIGIBLE  INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE, $2027; AND
 (B) FOR AN ELIGIBLE COUPLE  RECEIVING  ENHANCED  RESIDENTIAL  CARE,  TWO
 TIMES THE AMOUNT SET FORTH IN CLAUSE (A) OF THIS SUBPARAGRAPH.
   (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;  provided,  however
 that  paragraph  (e)  of  subdivision  2  of  section  209 of the social
 services law, as amended by section two of this act, shall  take  effect
 April 1, 2017.
 
                                  PART Q

   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

 S. 2006--B                         81
 
 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
 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

 S. 2006--B                         82
 
 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,
 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-

 S. 2006--B                         83
 
 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.  SUCH INFORMATION 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 SUMMARY 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
 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.

 S. 2006--B                         84
 
   § 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.
 
                                  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.  Notwithstanding any other provision of
 law,  such  funds may be used by the corporation in support of contracts
 scheduled to expire in the fiscal year ending March 31, 2018 for as many
 as 10 additional  years;  in  support  of  contracts  for  new  eligible
 projects for a period not to exceed 5 years; and in support of contracts
 which  reach  their  25  year maximum in and/or prior to the fiscal year
 ending March 31, 2018 for an additional one year period.

 S. 2006--B                         85
 
   § 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 thirty-three 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
 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 Mitchell Lama housing projects authorized by
 this section, a total sum  not  to  exceed  thirty-three  million  three
 hundred  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.
   § 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 nine million nine hundred seventy-nine
 thousand dollars for the fiscal year ending March 31, 2018.  Within this
 total  amount  two  hundred fifty thousand dollars shall be used for the
 purpose of entering into a contract with the  neighborhood  preservation
 coalition  to provide technical assistance and services to the companies
 funded pursuant to article XVI of the private housing finance law, or  a
 unit  of local government in the state of New York.  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 nine million  nine  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  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.
   § 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

 S. 2006--B                         86
 
 thousand dollars for the fiscal year ending March 31, 2018.  Within this
 total  amount  two  hundred fifty thousand dollars shall be used for the
 purpose of entering into a contract with the rural  preservation  coali-
 tion to provide technical assistance and services to the companies fund-
 ed pursuant to article XVI of the private housing finance law, or a unit
 of local government in the state of New York.  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 thirty-six 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 rural and urban community investment fund program contracts author-
 ized by this section, a total  sum  not  to  exceed  thirty-six  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
 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.
   § 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.

 S. 2006--B                         87
 
 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
 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-

 S. 2006--B                         88
 
 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, the housing trust
 fund corporation shall provide, for the purposes of the mobile and manu-
 factured home replacement program, a  sum  not  to  exceed  two  million
 dollars for the fiscal year ending March 31, 2018.
   Eligible units of local government or not-for-profit corporations with
 substantial  experience  in  affordable housing, may apply to administer
 local programs to replace dilapidated mobile or manufactured homes  that
 are  sited on land owned by the homeowner with new manufactured, modular
 or site built homes. All replacement homes shall be  energy  star  rated
 for  energy  efficiency. The total contract pursuant to any one eligible
 applicant in a specified region may not  exceed  five  hundred  thousand
 dollars. The corporation shall authorize the eligible applicant to spend
 seven  and one-half percent of the contract amount for approved planning
 and costs associated with administering the program. The contract  shall
 provide  for  completion  of  the program within a reasonable period, as
 specified therein, which shall not exceed four years  from  commencement
 of the program. Upon request, the corporation may extend the term of the
 contract for up to an additional one year period for good cause shown by
 the eligible applicant.
   An  eligible  property  must be the primary residence of the homeowner
 with a total household income that does not  exceed  eighty  percent  of
 area  median  income  for  the  county  in which a project is located as
 calculated by the United States department of housing and urban develop-
 ment. Funds shall be made available for relocation assistance to  eligi-
 ble  property  owners  who are unable to voluntarily relocate during the
 demolition and construction phases of the project. The cost  of  demoli-
 tion  and removal shall be an eligible use within the program. The total
 payment to replace a mobile or manufactured home  pursuant  to  any  one
 eligible  property  shall  not  exceed  one hundred thousand dollars and
 provide for completion not to exceed four years.
   Financial assistance to property owners shall be one  hundred  percent
 grants in the form of deferred payment loans (DPL). A ten year declining
 balance lien in the form of a note and mortgage, duly filed at the coun-
 ty  clerk's office, will be utilized for replacement projects. No inter-
 est or payments will be required on the DPL unless the property is  sold
 or  transferred  before the regulatory term expires. In such cases funds
 will be recaptured from the proceeds of the  sale  of  the  home,  on  a
 declining  balance  basis,  unless  an  income-eligible immediate family

 S. 2006--B                         89
 
 member accepts ownership of, and resides in the home for  the  remainder
 of the regulatory term.
   Notwithstanding any other provision of law, and subject to 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  mobile and manufactured home replacement program, a
 total sum not to exceed two 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 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.
   § 10. Notwithstanding any other provision of law to the contrary,  the
 community restoration fund established pursuant to section 2405-f of the
 public authorities law, shall be authorized to spend a sum not to exceed
 three  million dollars to facilitate the development of nonprofit commu-
 nity land trusts, including, but not limited to, planning, real property
 acquisitions and transfers,  and  other  capital  expenditures  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 community
 restoration fund, for the purposes of reimbursing any  costs  associated
 with  the  development  of  community  land  trusts  authorized  by this
 section, a total sum not to exceed three 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 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.
   § 11. This act shall take effect immediately.
 
                                  PART S
 
   Section  1.  The section heading of section 421-a of the real property
 tax law, as amended by chapter 857 of the laws of 1975 and such  section
 as  renumbered by chapter 110 of the laws of 1977, is amended to read as
 follows:

 S. 2006--B                         90
 
   [Exemption of new multiple dwellings from local taxation.]  AFFORDABLE
 NEW YORK HOUSING PROGRAM.
   § 2. Subparagraphs (i) and (iii) of paragraph (a) of subdivision 10 of
 section  421-a of the real property tax law, as amended by chapter 15 of
 the laws of 2008, are amended to read as follows:
   (i) all rent stabilization registrations required to be  filed  on  or
 after  January  first,  two  thousand  eight shall contain a designation
 which identifies all units that are subject to the  provisions  of  this
 section  as  "[421-a]  AFFORDABLE  NEW  YORK  HOUSING PROGRAM units" and
 specifically  identifies  affordable  units  created  pursuant  to  this
 section  and units which are required to be occupied by persons or fami-
 lies who meet specified income limits pursuant to the  provisions  of  a
 local  law  enacted  pursuant to this section as "[421-a] AFFORDABLE NEW
 YORK HOUSING PROGRAM affordable units" and shall contain an  explanation
 of  the  requirements  that apply to all such units. The owner of a unit
 that is subject to the provisions of this section shall, in addition  to
 complying with the requirements of section 26-517 of the rent stabiliza-
 tion  law,  file a copy of the rent registration for each such unit with
 the local housing agency;
   (iii) the local housing agency shall create a report which, at a mini-
 mum,  contains  the  following  information  for  every  building  which
 receives  benefits  pursuant  to this section: address, commencement and
 termination date of the benefits, total  number  of  residential  units,
 number of "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM units" and number
 of  "[421-a]  AFFORDABLE  NEW  YORK  HOUSING  PROGRAM affordable units",
 apartment number or other designation of such units  and  the  rent  for
 each of such units. The local housing agency with the cooperation of the
 division  of  housing  and  community renewal shall maintain, and update
 such report no less than annually, with information secured from  annual
 registrations.  Such reports shall be available for public inspection in
 a form that assigns a unique designation to each  unit  other  than  its
 actual apartment number to maintain the privacy of such information; and
   §  2-a.  Subdivision 13 of section 421-a of the real property tax law,
 as amended by chapter 15 of the laws of 2008,  is  amended  to  read  as
 follows:
   13.  (a)  As used in this subdivision, "UDC Large Scale Project" shall
 mean a multi-phase project that (i) includes the development of at least
 twenty-five hundred new dwelling units, (ii) is being implemented pursu-
 ant to a General Project Plan adopted by the New York State Urban Devel-
 opment Corporation and approved by Public Authorities Control  Board  or
 is  otherwise  set  forth  in  agreements  with the New York State Urban
 Development Corporation, (iii) includes a development over a single area
 containing a number of contiguous city blocks, and  (iv)  the  units  in
 which, in the aggregate for each successive fifteen hundred units of the
 project  rather  than for each multiple dwelling containing such fifteen
 hundred units and in the aggregate for the entire  project  rather  than
 for  each  multiple  dwelling  in  the project, meet the requirements of
 paragraph (c) of subdivision seven of this section.
   (b) Except as otherwise provided in subparagraph (iv) of paragraph (a)
 of this subdivision, no portion of a UDC Large Scale  Project  shall  be
 subject  to  the  requirements  of paragraph (c) of subdivision seven of
 this section.
   (c) With respect to any multiple dwelling in a UDC Large Scale Project
 that meets the requirements of paragraph (c)  of  subdivision  seven  of
 this section, the period of tax benefits awarded to such multiple dwell-
 ing shall be the same as the period of tax benefits awarded under clause

 S. 2006--B                         91
 
 (A)  of  subparagraph  (iii) of paragraph (a) of subdivision two of this
 section. With respect to any multiple dwelling  in  a  UDC  Large  Scale
 Project that does not meet the requirements of paragraph (c) of subdivi-
 sion  seven  of this section, the period of tax benefits awarded to such
 multiple dwelling shall be the  same  as  the  period  of  tax  benefits
 awarded under clause (A) of subparagraph (ii) of paragraph (a) of subdi-
 vision  two  of  this  section AND THE PROVISIONS OF SUBDIVISION NINE OF
 THIS SECTION SHALL NOT APPLY. The tax benefits awarded to  any  multiple
 dwelling  in a UDC Large Scale Project shall commence upon the commence-
 ment of construction of such multiple dwelling, provided, however,  that
 such  multiple  dwelling  meets all of the requirements for tax benefits
 pursuant to this section. For each successive fifteen hundred units of a
 UDC Large Scale Project, the  local  housing  agency  must  certify  the
 completion  of  any  affordable units, as defined in subparagraph (i) of
 paragraph (a) of subdivision seven of this section, required to  qualify
 any  multiple  dwelling  or  multiple  dwellings comprising such fifteen
 hundred units for any tax benefits awarded pursuant to  this  paragraph.
 The  existence  of such special certification requirement and its finan-
 cial impact upon all units, including, but not limited to, revocation of
 tax benefits awarded pursuant to this paragraph if such special  certif-
 ication  requirement is not met, shall be disclosed as a special risk in
 any offering plan for any units in a UDC Large Scale Project.
   (d) With respect to any UDC Large Scale Project located in whole or in
 part within community district number eight in the borough  of  Brooklyn
 in  the city of New York, notwithstanding the provisions of subparagraph
 (ii) of paragraph (d) of subdivision seven of this section, the priority
 specified in such subparagraph shall be  granted  to  the  residents  of
 community districts two, three, six and eight of such borough.
   (E)  "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY BUILDING IN A
 UDC LARGE SCALE PROJECT AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRA-
 RY, THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF INITIAL  FOOTINGS
 AND  FOUNDATIONS  LAWFULLY  BEGINS  IN  GOOD  FAITH  OR, FOR AN ELIGIBLE
 CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF  THE  CONVER-
 SION,  ALTERATION  OR IMPROVEMENT OF THE PRE-EXISTING BUILDING OR STRUC-
 TURE LAWFULLY BEGINS IN GOOD FAITH.
   (F) ALL MULTIPLE DWELLINGS IN A  UDC  LARGE  SCALE  PROJECT  SHALL  BE
 ELIGIBLE  FOR  EXEMPTION  FROM TAXATION PURSUANT TO (I) PARAGRAPH (C) OF
 THIS SUBDIVISION AND TO THE EXTENT PERMITTED BY THIS SECTION OR (II)  AT
 THE  ELECTION  OF  SUCH  MULTIPLE  DWELLING, SUBDIVISION SIXTEEN OF THIS
 SECTION AND TO THE EXTENT PERMITTED BY SUCH SUBDIVISION,  PROVIDED  THAT
 (A)  ANY  MULTIPLE DWELLING IN A UDC LARGE SCALE PROJECT HAS A COMMENCE-
 MENT DATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  FIFTEEN  AND
 (B)  ANY MULTIPLE DWELLING WITH A COMMENCEMENT DATE SUBSEQUENT TO DECEM-
 BER THIRTY-FIRST, TWO THOUSAND FIFTEEN RECEIVES ITS FIRST  TEMPORARY  OR
 PERMANENT  CERTIFICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS ON OR
 BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-FIVE.
   § 3. Subdivision 16 of section 421-a of the real property tax law,  as
 added  by  section  63-c of part A of chapter 20 of the laws of 2015, is
 amended to read as follows:
   16. (a) Definitions. For the purposes of this subdivision:
   (i) "[421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits" shall  mean
 exemption from real property taxation pursuant to this subdivision.
   (ii)  "Affordability  option  A"  shall mean that, within any eligible
 site:  (A) not less than ten percent of the dwelling units are  afforda-
 ble  housing  forty  percent  units; (B) not less than an additional ten
 percent of the dwelling  units  are  affordable  housing  sixty  percent

 S. 2006--B                         92
 
 units;  (C)  not  less  than  an additional five percent of the dwelling
 units are affordable housing one hundred thirty percent units;  and  (D)
 such  eligible  site  is developed without the substantial assistance of
 grants, loans or subsidies provided by a federal, state or local govern-
 mental  agency or instrumentality pursuant to a program for the develop-
 ment of affordable housing, except that such eligible site  may  receive
 tax exempt bond proceeds and four percent tax credits.
   (iii)  "Affordability  option  B" shall mean that, within any eligible
 site, (A) not less than ten percent of the dwelling units are affordable
 housing seventy percent units, and (B) not less than an additional twen-
 ty percent of the dwelling units  are  affordable  housing  one  hundred
 thirty percent units.
   (iv)  "Affordability  option  C"  shall mean that, within any eligible
 site excluding the geographic area south of ninety-sixth street  in  the
 borough  of Manhattan, and all other geographic areas in the city of New
 York excluded pursuant to local law, (A) not less than thirty percent of
 the dwelling units are affordable housing  one  hundred  thirty  percent
 units,  and  (B) such eligible site is developed without the substantial
 assistance of grants, loans or subsidies provided by a federal, state or
 local governmental agency or instrumentality pursuant to a  program  for
 the development of affordable housing.
   (v)  "Affordability  option  D"  shall  only  apply to a homeownership
 project, of which one hundred percent of the units shall have an average
 assessed value not to exceed [sixty-five] EIGHTY-FIVE  thousand  dollars
 upon  the  first assessment following the completion date and where each
 owner, OR RELATIVE WITHIN THE THIRD DEGREE OF CONSANGUINITY OR  AFFINITY
 of any such unit shall agree, in writing, to maintain such unit as their
 primary  residence  for  no less than five years from the acquisition of
 such unit.
   (VI) "AFFORDABILITY OPTION E" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 SITE  WITHIN  THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST CONSIST OF
 NO LESS THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A)  NOT  LESS
 THAN  TEN  PERCENT  OF  THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING
 FORTY PERCENT UNITS; (B) NOT LESS THAN AN ADDITIONAL TEN PERCENT OF  THE
 RENTAL  DWELLING  UNITS  ARE AFFORDABLE HOUSING SIXTY PERCENT UNITS; AND
 (C) NOT LESS THAN AN ADDITIONAL FIVE  PERCENT  OF  THE  RENTAL  DWELLING
 UNITS ARE AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNITS.
   (VII)  "AFFORDABILITY  OPTION  F" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
 SITE WITHIN THE ENHANCED AFFORDABILITY AREA, SUCH SITE MUST  CONSIST  OF
 NO  LESS  THAN THREE HUNDRED RENTAL DWELLING UNITS OF WHICH (A) NOT LESS
 THAN TEN PERCENT OF THE RENTAL DWELLING  UNITS  ARE  AFFORDABLE  HOUSING
 SEVENTY  PERCENT  UNITS;  AND  (B)  NOT  LESS  THAN AN ADDITIONAL TWENTY
 PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE  HUNDRED
 THIRTY PERCENT UNITS.
   (VIII)  "AFFORDABILITY  OPTION G" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
 SITE LOCATED WITHIN THE BROOKLYN  ENHANCED  AFFORDABILITY  AREA  OR  THE
 QUEENS  ENHANCED  AFFORDABILITY  AREA, SUCH SITE MUST CONSIST OF NO LESS
 THAN THREE HUNDRED RENTAL DWELLING UNITS OF  WHICH  (A)  NOT  LESS  THAN
 THIRTY  PERCENT OF THE RENTAL DWELLING UNITS ARE AFFORDABLE HOUSING ONE-
 HUNDRED THIRTY PERCENT UNITS; AND (B) SUCH ELIGIBLE  SITE  IS  DEVELOPED
 WITHOUT  THE  SUBSTANTIAL  ASSISTANCE  OF  GRANTS,  LOANS  OR  SUBSIDIES
 PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR  INSTRUMEN-
 TALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
   [(vi)]  (IX)  "Affordability  percentage"  shall  mean a fraction, the
 numerator of which is the number  of  affordable  housing  units  in  an

 S. 2006--B                         93
 
 eligible site and the denominator of which is the total number of dwell-
 ing units in such eligible site.
   [(vii)]  (X)  "Affordable  housing  forty  percent  unit" shall mean a
 dwelling unit that: (A) is situated within the eligible site  for  which
 [421-a]  AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are granted; and
 (B) upon initial rental and upon  each  subsequent  rental  following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  forty  percent  of  the  area median income, adjusted for family
 size, at the time that such household initially occupies  such  dwelling
 unit.
   [(viii)]  (XI)  "Affordable  housing  sixty percent unit" shall mean a
 dwelling unit that: (A) is situated within the eligible site  for  which
 [421-a]  AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are granted; and
 (B) upon initial rental and upon  each  subsequent  rental  following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  sixty  percent  of  the  area median income, adjusted for family
 size, at the time that such household initially occupies  such  dwelling
 unit.
   [(ix)]  (XII)  "Affordable  housing seventy percent unit" shall mean a
 dwelling unit that: (A) is situated within the eligible site  for  which
 [421-a]  AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are granted; and
 (B) upon initial rental and upon  each  subsequent  rental  following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  seventy  percent  of the area median income, adjusted for family
 size, at the time that such household initially occupies  such  dwelling
 unit.
   (XIII) "AFFORDABLE HOUSING ONE HUNDRED TWENTY PERCENT UNIT" SHALL MEAN
 A DWELLING UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH
 AFFORDABLE  NEW  YORK HOUSING PROGRAM BENEFITS ARE GRANTED; AND (B) UPON
 INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A  VACANCY
 DURING  THE RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCU-
 PANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT  EXCEED
 ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI-
 LY  SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELL-
 ING UNIT.
   [(x)] (XIV) "Affordable housing one hundred thirty percent unit" shall
 mean a dwelling unit that: (A) is situated within the eligible site  for
 which  [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits are granted;
 and (B) upon initial rental and upon each subsequent rental following  a
 vacancy  during  the restriction period, is affordable to and restricted
 to occupancy by individuals or families whose household income does  not
 exceed  one  hundred  thirty percent of the area median income, adjusted
 for family size, at the time that such household initially occupies such
 dwelling unit.
   [(xi)] (XV) "Affordable housing unit"  shall  mean,  collectively  and
 individually, affordable housing forty percent units, affordable housing
 sixty  percent units, affordable housing seventy percent units, AFFORDA-
 BLE HOUSING ONE HUNDRED TWENTY PERCENT UNITS and affordable housing  one
 hundred thirty percent units.
   [(xii)]  (XVI) "Agency" shall mean the department of housing preserva-
 tion and development.
   [(xiii)] (XVII) "Application" shall mean an  application  for  [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits.

 S. 2006--B                         94
 
   [(xiv)]  (XVIII)  "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO
 THE AGGREGATE AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO,  OR
 ON  BEHALF OF, CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE
 AGGREGATE NUMBER OF HOURS OF CONSTRUCTION WORK.
   (XIX)  "BROOKLYN  ENHANCED AFFORDABILITY AREA" SHALL MEAN ANY TAX LOTS
 NOW EXISTING OR HEREAFTER CREATED  WHICH  ARE  LOCATED  ENTIRELY  WITHIN
 COMMUNITY  BOARDS  ONE  OR  TWO  OF  THE BOROUGH OF BROOKLYN BOUNDED AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 OF INTERSECTION OF THE CENTERLINE OF  NEWTOWN  CREEK  AND  THE  WESTERLY
 BOUNDS  OF  THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF
 NEWTOWN CREEK, SAID CENTERLINE ALSO BEING THE  BOUNDARY  BETWEEN  QUEENS
 COUNTY  TO THE NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE POINT
 OF INTERSECTION  WITH  GREENPOINT  AVENUE;  THENCE  SOUTHWESTERLY  ALONG
 GREENPOINT  AVENUE,  TO  THE INTERSECTION WITH KINGS LAND AVENUE; THENCE
 SOUTHERLY ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH MEEKER AVENUE;
 THENCE SOUTHWESTERLY  ALONG  MEEKER  AVENUE  TO  THE  INTERSECTION  WITH
 LEONARD  STREET;  THENCE  SOUTHERLY  ALONG  LEONARD STREET TO THE INTER-
 SECTION WITH METROPOLITAN AVENUE;  THENCE  WESTERLY  ALONG  METROPOLITAN
 AVENUE  TO  THE INTERSECTION WITH LORIMER STREET; THENCE SOUTHERLY ALONG
 LORIMER STREET TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY
 ALONG MONTROSE AVENUE TO THE  INTERSECTION  WITH  UNION  AVENUE;  THENCE
 SOUTHERLY  ALONG  UNION  AVENUE TO THE INTERSECTION WITH JOHNSON AVENUE;
 THENCE WESTERLY ALONG JOHNSON AVENUE TO THE INTERSECTION WITH  BROADWAY;
 THENCE  NORTHWESTERLY  ALONG  BROADWAY TO THE INTERSECTION WITH RUTLEDGE
 STREET; THENCE SOUTHWESTERLY ALONG RUTLEDGE STREET TO  THE  INTERSECTION
 WITH  KENT AVENUE AND CLASSON AVENUE; THENCE SOUTHWESTERLY AND SOUTHERLY
 ALONG CLASSON AVENUE TO THE  INTERSECTION  WITH  DEKALB  AVENUE;  THENCE
 WESTERLY  ALONG  DEKALB  AVENUE  TO  THE  INTERSECTION WITH BOND STREET;
 THENCE SOUTHWESTERLY ALONG BOND STREET TO THE INTERSECTION WITH  WYCKOFF
 STREET;  THENCE  NORTHWESTERLY  ALONG WYCKOFF STREET TO THE INTERSECTION
 WITH HOYT STREET; THENCE SOUTHWESTERLY ALONG HOYT STREET TO  THE  INTER-
 SECTION  WITH WARREN STREET; THENCE NORTHWESTERLY ALONG WARREN STREET TO
 THE INTERSECTION WITH COURT STREET;  THENCE  NORTHEASTERLY  ALONG  COURT
 STREET  TO  THE  INTERSECTION WITH ATLANTIC AVENUE; THENCE NORTHWESTERLY
 ALONG ATLANTIC AVENUE, CROSSING UNDER  THE  BROOKLYN  QUEENS  EXPRESSWAY
 (AKA INTERSTATE 278), TO THE TERMINUS OF ATLANTIC AVENUE AT THE BROOKLYN
 BRIDGE  PARK/PIER  6;  THENCE NORTHWESTERLY PASSING THROUGH THE BROOKLYN
 BRIDGE PARK TO THE BULKHEAD OF THE EAST RIVER AT PIER  6;  THENCE  IN  A
 GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE
 OF  THE  EAST  RIVER  TO THE INTERSECTION WITH THE CENTERLINE OF NEWTOWN
 CREEK, AND THE POINT OR PLACE OF BEGINNING.
   (XX) "Building service employee" shall mean any person who is regular-
 ly employed at, and performs work in connection with the care or mainte-
 nance of, an eligible site, including, but not limited to,  a  watchman,
 guard,  doorman,  building cleaner, porter, handyman, janitor, gardener,
 groundskeeper, elevator operator and starter, and  window  cleaner,  but
 not including persons regularly scheduled to work fewer than eight hours
 per week at the eligible site.
   [(xv)]  (XXI)  "Commencement  date"  shall  mean,  with respect to any
 eligible  multiple  dwelling,  the  date  upon  which   excavation   and
 construction of initial footings and foundations lawfully begins in good
 faith  or,  for  an  eligible conversion, the date upon which the actual
 construction of the conversion, alteration or improvement of the pre-ex-
 isting building or structure lawfully begins in good faith.

 S. 2006--B                         95
 
   [(xvi)] (XXII) "Completion date"  shall  mean,  WITH  RESPECT  TO  ANY
 ELIGIBLE  MULTIPLE DWELLING, the date upon which the local department of
 buildings issues the first temporary or permanent certificate  of  occu-
 pancy covering all residential areas of an eligible multiple dwelling.
   [(xvii)] (XXIII) "Construction period" shall mean, with respect to any
 eligible  multiple dwelling, a period: (A) beginning on the later of the
 commencement date of such eligible  multiple  dwelling  or  three  years
 before  the  completion date of such eligible multiple dwelling; and (B)
 ending on the day preceding the completion date of such eligible  multi-
 ple dwelling.
   (XXIV) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED
 ON  AN  ELIGIBLE  SITE  BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION
 DATE, WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO  INITIALLY
 FORM,  MAKE  OR  BUILD  AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT
 LIMITATION, PAINTING, OR PROVIDING OF MATERIAL,  ARTICLES,  SUPPLIES  OR
 EQUIPMENT  IN  THE  ELIGIBLE  MULTIPLE  DWELLING, BUT EXCLUDING SECURITY
 PERSONNEL AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (XXV)  "CONSTRUCTION  WORKERS"  SHALL  MEAN  ALL  PERSONS   PERFORMING
 CONSTRUCTION WORK WHO (A) ARE PAID ON AN HOURLY BASIS AND (B) ARE NOT IN
 A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (XXVI)  "CONTRACTOR  CERTIFIED  PAYROLL REPORT" SHALL MEAN AN ORIGINAL
 PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE  INDE-
 PENDENT  MONITOR  SETTING  FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
 CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF  CONSTRUCTION  WORK
 PERFORMED  BY  CONSTRUCTION  WORKERS,  THE  AMOUNT OF WAGES AND EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   [(xviii)] (XXVII) "Eligible conversion"  shall  mean  the  conversion,
 alteration  or  improvement  of  a  pre-existing  building  or structure
 resulting in a multiple  dwelling  in  which  no  more  than  forty-nine
 percent  of  the  floor  area  consists of such pre-existing building or
 structure.
   [(xix)] (XXVIII) "Eligible multiple dwelling" shall mean EITHER (A)  a
 multiple dwelling, INCLUDING A PORTION OF A MULTIPLE DWELLING, OR (B) AN
 ELIGIBLE  PLANNED  PROJECT,  or A homeownership project containing [six]
 FOUR or more dwelling units created through new construction or eligible
 conversion for which the commencement date  is  after  December  thirty-
 first,  two  thousand fifteen and on or before June fifteenth, two thou-
 sand [nineteen] TWENTY-TWO and, EXCEPT AS  OTHERWISE  PROVIDED  IN  THIS
 SUBDIVISION  for  which  the  completion  date  is  on  or  before  June
 fifteenth, two thousand [twenty-three] TWENTY-SIX.
   [(xx)] (XXIX) "ELIGIBLE PLANNED PROJECT" SHALL MEAN A MULTIPLE  DWELL-
 ING  (INCLUDING A PORTION OF A MULTIPLE DWELLING) BEING DEVELOPED PURSU-
 ANT TO A MULTI-PHASE GENERAL PROJECT PLAN OR URBAN RENEWAL PLAN  ADOPTED
 BY  A  NEW YORK STATE OR NEW YORK CITY GOVERNMENTAL AGENCY THAT INCLUDES
 THE DEVELOPMENT OF AT LEAST ONE THOUSAND NEW DWELLING UNITS  ON  CONTIG-
 UOUS CITY BLOCKS FOR WHICH THE COMMENCEMENT DATE IS AFTER DECEMBER THIR-
 TY-FIRST,  TWO THOUSAND FIFTEEN AND FOR WHICH THE COMPLETION DATE OCCURS
 DURING THE PERIOD IN WHICH THE GENERAL PROJECT  PLAN  OR  URBAN  RENEWAL
 PLAN REMAINS IN EFFECT.
   (XXX)  "Eligible  site" shall mean either: (A) a tax lot containing an
 eligible multiple dwelling; or (B) a zoning lot containing two  or  more
 eligible multiple dwellings that are part of a single application.
   (XXXI)  "EMPLOYEE  BENEFITS"  SHALL MEAN ALL SUPPLEMENTAL COMPENSATION
 PAID BY THE EMPLOYER, ON BEHALF  OF  CONSTRUCTION  WORKERS,  OTHER  THAN
 WAGES, INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE
 INTO PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISA-

 S. 2006--B                         96
 
 BILITY COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSUR-
 ANCE  AND  APPRENTICESHIP  TRAINING.  THE VALUE OF ANY EMPLOYEE BENEFITS
 RECEIVED SHALL BE DETERMINED BASED ON THE PRORATED HOURLY  COST  TO  THE
 EMPLOYER OF THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (XXXII)   "ENHANCED  AFFORDABILITY  AREA"  SHALL  MEAN  THE  MANHATTAN
 ENHANCED AFFORDABILITY AREA, THE BROOKLYN  ENHANCED  AFFORDABILITY  AREA
 AND THE QUEENS ENHANCED AFFORDABILITY AREA.
   (XXXIII)  "ENHANCED  THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (A) FOR THE
 CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL  PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) FOR THE
 NEXT THIRTY-FIVE YEARS OF THE EXTENDED RESTRICTION PERIOD, A ONE HUNDRED
 PERCENT  EXEMPTION  FROM  REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
 FOR LOCAL IMPROVEMENTS.
   (XXXIV) "EXTENDED RESTRICTION PERIOD" SHALL MEAN A  PERIOD  COMMENCING
 ON  THE  COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVERSARY OF THE
 COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION  OR  REVOCATION
 OF AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS.
   [(xxi)]  (XXXV)  "Fiscal  officer" shall mean the comptroller or other
 analogous officer in a city having a population of one million or more.
   [(xxii)] (XXXVI) "Floor area" shall mean the horizontal areas  of  the
 several  floors, or any portion thereof, of a dwelling or dwellings, and
 accessory structures on a lot measured from the exterior faces of  exte-
 rior walls, or from the center line of party walls.
   [(xxiii)]  (XXXVII)  "Four percent tax credits" shall mean federal low
 income housing tax credits computed in accordance with  clause  (ii)  of
 subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
 of the internal revenue code of nineteen hundred eighty-six, as amended.
   [(xxiv)]  (XXXVIII)  "Homeownership  project"  shall  mean  a multiple
 dwelling or portion thereof operated as condominium or cooperative hous-
 ing, however, it shall not include a multiple dwelling or portion there-
 of operated as cooperative or condominium  housing  located  within  the
 borough  of  Manhattan,  and  shall not include a multiple dwelling that
 contains more than [thirty-five] EIGHTY units.
   [(xxv)]  (XXXIX)  "INDEPENDENT  MONITOR"  SHALL  MEAN  AN   ACCOUNTANT
 LICENSED AND IN GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE
 OF THE EDUCATION LAW.
   (XL)  "JOB  ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE
 WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR  ORGANIZA-
 TION  OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD-
 ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES,  WALK
 OUTS,  SLOWDOWNS,  PICKETING,  BANNERING,  HAND BILLING, DEMONSTRATIONS,
 SICKOUTS, REFUSALS TO CROSS A PICKET LINE,  REFUSALS  TO  HANDLE  STRUCK
 BUSINESS,  AND  USE  OF  THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR
 DISPLAYS.
   (XLI) "Market unit" shall mean a dwelling unit in an eligible multiple
 dwelling other than an affordable housing unit.
   [(xxvi)] (XLII) "Multiple dwelling" shall have the meaning  set  forth
 in the multiple dwelling law.
   [(xxvii)]  (XLIII) "Non-residential tax lot" shall mean a tax lot that
 does not contain any dwelling units.
   [(xxviii)] (XLIV) "MANHATTAN ENHANCED AFFORDABILITY AREA"  SHALL  MEAN
 ANY TAX LOTS NOW EXISTING OR HEREAFTER CREATED LOCATED ENTIRELY SOUTH OF
 96TH STREET IN THE BOROUGH OF MANHATTAN.
   (XLV)  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS  OF  EMPLOY-
 MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.

 S. 2006--B                         97
 
   (XLVI)  "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED
 PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE AGENCY  BASED
 ON  EACH  CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH THE TOTAL
 NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION  WORKERS,
 THE AGGREGATE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
   (XLVII)  "QUEENS  ENHANCED AFFORDABILITY AREA" SHALL MEAN ANY TAX LOTS
 NOW EXISTING OR HEREAFTER CREATED  WHICH  ARE  LOCATED  ENTIRELY  WITHIN
 COMMUNITY  BOARDS  ONE  OR  TWO  OF  THE  BOROUGH  OF QUEENS BOUNDED AND
 DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND SITUATE AND BEING
 IN THE BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK. BEGINNING AT THE POINT
 BEING THE INTERSECTION OF THE EASTERLY SHORE OF THE EAST  RIVER  WITH  A
 LINE  OF  PROLONGATION  OF  20TH  AVENUE PROJECTED NORTHWESTERLY; THENCE
 SOUTHEASTERLY ON THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG  20TH
 AVENUE  TO THE INTERSECTION WITH 31ST STREET; THENCE SOUTHWESTERLY ALONG
 31ST STREET TO THE INTERSECTION WITH NORTHERN BOULEVARD;  THENCE  SOUTH-
 WESTERLY ALONG NORTHERN BOULEVARD TO THE INTERSECTION WITH QUEENS BOULE-
 VARD  (AKA ROUTE 25); THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO THE
 INTERSECTION WITH VAN DAM STREET; THENCE SOUTHERLY ALONG VAN DAM  STREET
 TO  THE  INTERSECTION WITH BORDEN AVENUE; THENCE SOUTHWESTERLY ALONG VAN
 DAM STREET TO THE INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE;
 THENCE SOUTHWESTERLY ALONG GREENPOINT AVENUE  TO  THE  POINT  OF  INTER-
 SECTION WITH THE CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN
 CREEK  ALSO  BEING  THE  BOUNDARY BETWEEN QUEENS COUNTY TO THE NORTH AND
 KINGS COUNTY TO THE SOUTH; THENCE NORTHWESTERLY ALONG THE CENTERLINE  OF
 NEWTOWN  CREEK,  ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY AND KINGS
 COUNTY TO ITS INTERSECTION WITH THE EASTERLY BOUNDS OF THE  EAST  RIVER;
 THENCE  IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD
 OR SHORELINE OF THE EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
   (XLVIII) "Rent  stabilization"  shall  mean,  collectively,  the  rent
 stabilization law of nineteen hundred sixty-nine, the rent stabilization
 code,  and the emergency tenant protection act of nineteen seventy-four,
 all as in effect as of the effective date of the chapter of the laws  of
 two thousand fifteen that added this subdivision or as amended thereaft-
 er,  together  with  any  successor  statutes  or regulations addressing
 substantially the same subject matter.
   [(xxix)] (XLIX) "Rental project" shall mean an eligible [site]  MULTI-
 PLE DWELLING in which all dwelling units included in any application are
 operated as rental housing.
   [(xxx)]  (L)  "Residential tax lot" shall mean a tax lot that contains
 dwelling units.
   [(xxxi)] (LI) "Restriction period" shall mean a period  commencing  on
 the  completion date and expiring on the thirty-fifth anniversary of the
 completion date, notwithstanding any earlier termination  or  revocation
 of [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits.
   [(xxxii)]  (LII) "Tax exempt bond proceeds" shall mean the proceeds of
 an exempt facility bond, as defined in paragraph (7) of  subsection  (a)
 of  section  one hundred forty-two of the internal revenue code of nine-
 teen hundred eighty-six, as amended, the interest upon which  is  exempt
 from  taxation  under  section one hundred three of the internal revenue
 code of nineteen hundred eighty-six, as amended.
   (LIII) "THIRD PARTY FUND ADMINISTRATOR" SHALL BE A  PERSON  OR  ENTITY
 THAT  RECEIVES  FUNDS  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
 OVERSEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO  CONSTRUCTION  WORK-
 ERS.    THE  THIRD  PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY
 APPROVED BY THE AGENCY, AND RECOMMENDED BY ONE, OR MORE,  REPRESENTATIVE

 S. 2006--B                         98
 
 OR  REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR  ASSOCIATION  REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH
 MEMBERSHIP IN NEW YORK CITY.  THE THIRD PARTY FUND  ADMINISTRATOR  SHALL
 BE  APPOINTED  FOR  A  TERM  OF THREE YEARS, PROVIDED, HOWEVER, THAT THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE YEAR TERM SHALL CONTINUE TO
 SERVE BEYOND THE END OF THE TERM UNTIL A  REPLACEMENT  ADMINISTRATOR  IS
 APPOINTED. THE AGENCY, AFTER PROVIDING NOTICE AND AFTER MEETING WITH THE
 THIRD  PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR FOR CAUSE
 UPON AN AGENCY DETERMINATION THAT THE ADMINISTRATOR HAS BEEN INEFFECTIVE
 AT OVERSEEING OR MANAGING THE DISBURSAL OF  FUNDS  TO  THE  CONSTRUCTION
 WORKERS. THE THIRD PARTY FUND ADMINISTRATOR SHALL, AT THE REQUEST OF THE
 AGENCY, SUBMIT REPORTS TO THE AGENCY.
   [(xxxiii)]  (LIV)  "Thirty-five  year benefit" shall mean: (A) for the
 construction period, a one hundred percent exemption from real  property
 taxation,  other  than  assessments  for local improvements; (B) for the
 first twenty-five years of the restriction period, a one hundred percent
 exemption from real property taxation, other than assessments for  local
 improvements; and (C) for the final ten years of the restriction period,
 an  exemption  from  real  property taxation, other than assessments for
 local improvements, equal to the affordability percentage.
   [(xxxiv)]  (LV)  "Twenty  year  benefit"  shall  mean:  (A)  for   the
 construction  period, a one hundred percent exemption from real property
 taxation, other than assessments for local  improvements;  (B)  for  the
 first  fourteen  years  of the restriction period, a one hundred percent
 exemption from real property taxation, other than assessments for  local
 improvements,  provided,  however,  that no exemption shall be given for
 any portion of a unit's assessed value that  exceeds  [$65,000]  EIGHTY-
 FIVE  THOUSAND  DOLLARS;  and  (C)  for  the  final  six  years  of  the
 restriction period, a twenty-five percent exemption from  real  property
 taxation,  other  than  assessments  for  local  improvements, provided,
 however, that no exemption shall be given for any portion  of  a  unit's
 assessed value that exceeds [$65,000] EIGHTY-FIVE THOUSAND DOLLARS.
   (LVI) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
 ANY  KIND  PAID  TO,  OR  ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION  WORKER,  TOGETHER  WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS,  HOLIDAY  PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
 PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL  AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT  INSURANCE  AND  PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   (b) Benefit. In cities having a population of  one  million  or  more,
 notwithstanding  the provisions of any other subdivision of this section
 or of any general, special or local law to the  contrary,  new  eligible
 sites,  except  hotels, that comply with the provisions of this subdivi-
 sion shall be exempt from real property taxation, other than assessments
 for local improvements, in the amounts and for the periods specified  in
 this  paragraph.  A rental project that meets all of the requirements of
 this subdivision shall receive a thirty-five year benefit and a homeown-
 ership project that meets all of the requirements  of  this  subdivision
 shall  receive  a  twenty year benefit. A RENTAL PROJECT THAT ALSO MEETS

 S. 2006--B                         99
 
 ALL OF THE REQUIREMENTS OF  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  SHALL
 RECEIVE AN ENHANCED THIRTY-FIVE YEAR BENEFIT.
   (C)  IN  ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SUBDIVI-
 SION, RENTAL PROJECTS CONTAINING THREE HUNDRED OR MORE  RENTAL  DWELLING
 UNITS  LOCATED  WITHIN THE ENHANCED AFFORDABILITY AREA SHALL COMPLY WITH
 THE REQUIREMENTS SET FORTH IN THIS PARAGRAPH. FOR PURPOSES OF THIS PARA-
 GRAPH, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTH-
 ER PARTY (INCLUDING SUBCONTRACTORS) UNDERTAKES TO  PERFORM  CONSTRUCTION
 WORK  AT  AN  ELIGIBLE  SITE AND "APPLICANT" SHALL MEAN AN APPLICANT FOR
 AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
   (I) SUCH RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY  OPTION
 E, AFFORDABILITY OPTION F OR AFFORDABILITY OPTION G.
   (II)  THE  MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON
 AN ELIGIBLE SITE WITHIN THE MANHATTAN ENHANCED AFFORDABILITY AREA  SHALL
 BE  NO LESS THAN SIXTY DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  SEVENTEEN  THAT  ADDED
 THIS  PARAGRAPH  AND  EVERY  THREE YEARS THEREAFTER, THE MINIMUM AVERAGE
 HOURLY WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER,  THAT
 ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE
 SHALL  BE REQUIRED TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON
 ITS COMMENCEMENT DATE.
   (III) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS  ON
 AN  ELIGIBLE SITE WITHIN THE BROOKLYN ENHANCED AFFORDABILITY AREA OR THE
 QUEENS ENHANCED AFFORDABILITY AREA SHALL  BE  NO  LESS  THAN  FORTY-FIVE
 DOLLARS PER HOUR.  THREE YEARS FROM THE EFFECTIVE DATE OF THE CHAPTER OF
 THE  LAWS  OF TWO THOUSAND SEVENTEEN THAT ADDED THIS PARAGRAPH AND EVERY
 THREE YEARS  THEREAFTER,  THE  MINIMUM  AVERAGE  HOURLY  WAGE  SHALL  BE
 INCREASED  BY  FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING WITH A
 COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE SHALL  BE  REQUIRED
 TO  PAY  THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON ITS COMMENCEMENT
 DATE.
   (IV) THE REQUIREMENTS OF SUBPARAGRAPHS (II) AND (III)  OF  THIS  PARA-
 GRAPH SHALL NOT BE APPLICABLE TO:
   (A)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
 THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH  SUBSEQUENT  RENTAL
 FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE TO AND
 RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES WHOSE HOUSEHOLD
 INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA MEDI-
 AN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT;
   (B)  ANY  PORTION  OF AN ELIGIBLE MULTIPLE DWELLING WHICH IS OWNED AND
 OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
   (C) AT THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT  TO  A
 PROJECT LABOR AGREEMENT.
   (V)  THE  APPLICANT  SHALL  CONTRACT WITH AN INDEPENDENT MONITOR. SUCH
 INDEPENDENT MONITOR SHALL SUBMIT TO THE AGENCY WITHIN ONE  YEAR  OF  THE
 COMPLETION  DATE  A  PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE EVENT
 SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE AGEN-
 CY WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT TO  A  FINE
 OF  ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF; PROVIDED THAT
 THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.   IN THE  EVENT
 THAT  THE  AVERAGE  HOURLY  WAGE IS LESS THAN THE MINIMUM AVERAGE HOURLY
 WAGE SET FORTH IN SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH AS APPLI-
 CABLE, THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL  ALSO  SET  FORTH
 THE AGGREGATE AMOUNT OF SUCH DEFICIENCY.

 S. 2006--B                         100

   (VI)  THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT SHALL BE SUBMITTED BY
 EACH CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS  AFTER  THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
 THIS SUBPARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE  AGENCY  AND
 THE AGENCY SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR SUB-CONTRACTOR
 IN  THE AMOUNT OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF,
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
   (VII) IN THE EVENT THAT  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT
 SHOWS  THAT  THE AVERAGE HOURLY WAGE AS REQUIRED BY SUBPARAGRAPH (II) OR
 (III) OF THIS PARAGRAPH, AS APPLICABLE, WAS NOT PAID, (A) IF THE AVERAGE
 HOURLY WAGE IS  WITHIN  FIFTEEN  PERCENT  OF  THE  AVERAGE  HOURLY  WAGE
 REQUIRED  BY  SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH, AS APPLICABLE,
 THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE  OF  SUBMISSION
 OF  SUCH  PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY
 TO THE THIRD PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE  AMOUNT  OF
 THE  DEFICIENCY  SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL REPORT.
 THE THIRD PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO  THE
 CONSTRUCTION  WORKERS  WHO  PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD PARTY FUND ADMINISTRATOR
 SHALL SUBMIT TO THE AGENCY A  PLAN  SUBJECT  TO  THE  AGENCY'S  APPROVAL
 SETTING  FORTH  THE  MANNER  IN WHICH THE THIRD PARTY FUND ADMINISTRATOR
 WILL REACH THE REQUIRED AVERAGE WAGE WITHIN ONE HUNDRED  FIFTY  DAYS  OF
 RECEIVING  THE  PAYMENT  FROM  THE APPLICANT AND HOW ANY REMAINING FUNDS
 WILL BE DISBURSED IN THE EVENT THAT THE THIRD PARTY  FUND  ADMINISTRATOR
 CANNOT  DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR
 OF RECEIVING AGENCY APPROVAL.  IN THE EVENT THAT THE APPLICANT FAILS  TO
 MAKE  SUCH  PAYMENT  WITHIN  THE TIME PERIOD PRESCRIBED IN THIS SUBPARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE OF ONE THOUSAND  DOLLARS
 PER  WEEK  PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND
 DOLLARS; OR (B) IF THE AVERAGE HOURLY WAGE IS MORE THAN FIFTEEN  PERCENT
 BELOW  THE  MINIMUM  AVERAGE HOURLY WAGE REQUIRED BY SUBPARAGRAPH (I) OR
 (II) OF THIS PARAGRAPH, AS APPLICABLE, THEN NO LATER  THAN  ONE  HUNDRED
 TWENTY  DAYS  FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED
 PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD PARTY FUND ADMINIS-
 TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN  THE
 PROJECT-WIDE  PAYROLL  REPORT.  THE THIRD PARTY FUND ADMINISTRATOR SHALL
 DISTRIBUTE SUCH  PAYMENT  TO  THE  CONSTRUCTION  WORKERS  WHO  PERFORMED
 CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
 THE  THIRD  PARTY  FUND  ADMINISTRATOR SHALL SUBMIT TO THE AGENCY A PLAN
 SUBJECT TO THE AGENCY'S APPROVAL SETTING FORTH THE MANNER IN  WHICH  THE
 THIRD  PARTY  FUND  ADMINISTRATOR  WILL  REACH THE REQUIRED AVERAGE WAGE
 WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM  THE  APPLI-
 CANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE
 THIRD  PARTY  FUND  ADMINISTRATOR  CANNOT  DISTRIBUTE  THE  FUNDS TO THE
 CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING AGENCY APPROVAL.    IN
 ADDITION,  THE  AGENCY  SHALL  IMPOSE  A  PENALTY ON THE APPLICANT IN AN
 AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE  AMOUNT  OF  THE  DEFICIENCY,
 PROVIDED,  HOWEVER,  THAT THE AGENCY SHALL NOT IMPOSE SUCH PENALTY WHERE
 THE ELIGIBLE MULTIPLE DWELLING HAS BEEN THE  SUBJECT  OF  A  JOB  ACTION
 WHICH  RESULTS  IN  A  WORK  DELAY.  ANY PAYMENTS RECEIVED BY THE AGENCY
 PURSUANT TO THIS SUBPARAGRAPH SHALL BE USED TO PROVIDE AFFORDABLE  HOUS-
 ING.  IN  THE EVENT THAT THE APPLICANT FAILS TO MAKE SUCH PAYMENT WITHIN
 THE TIME PERIOD PRESCRIBED IN THIS SUBPARAGRAPH, THE APPLICANT SHALL  BE
 SUBJECT  TO  A  FINE OF ONE THOUSAND DOLLARS PER WEEK, PROVIDED THAT THE

 S. 2006--B                         101
 
 MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS. NOTWITHSTANDING ANY
 PROVISION OF THIS PARAGRAPH, THE APPLICANT SHALL NOT BE  LIABLE  IN  ANY
 RESPECT  WHATSOEVER  FOR  ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR
 RESULTING  FROM  CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR FOR FRAUDU-
 LENT OR INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR  FOR  FRAUDU-
 LENT  OR  INACCURATE  PROJECT-WIDE  CERTIFIED PAYROLL REPORTS, PROVIDED,
 HOWEVER, THAT PAYMENT TO THE  THIRD  PARTY  FUND  ADMINISTRATOR  IN  THE
 AMOUNT  SET  FORTH  IN  THE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT AS
 DESCRIBED IN THIS SUBPARAGRAPH SHALL STILL BE MADE BY THE CONTRACTOR  OR
 SUB-CONTRACTOR  IN THE EVENT OF UNDERPAYMENT RESULTING FROM OR CAUSED BY
 THE CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT WILL BE  LIABLE
 FOR  UNDERPAYMENT  TO  THE  THIRD  PARTY ADMINISTRATOR UNLESS THE AGENCY
 DETERMINES, IN ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT
 OF, OR CAUSED BY, CONTRACTOR FRAUD, MISTAKE  OR  NEGLIGENCE  AND/OR  FOR
 FRAUDULENT  OR  INACCURATE  CONTRACTOR  CERTIFIED PAYROLL REPORTS AND/OR
 PROJECT-WIDE CERTIFIED PAYROLL REPORTS. THE  APPLICANT  SHALL  OTHERWISE
 NOT  BE LIABLE IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD PARTY
 FUND ADMINISTRATOR HAS  BEEN  MADE  IN  THE  AMOUNT  SET  FORTH  IN  THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT.
   (VIII)  NOTHING  IN  THIS  PARAGRAPH  SHALL  BE  CONSTRUED TO CONFER A
 PRIVATE RIGHT OF ACTION TO ENFORCE THE  PROVISIONS  OF  THIS  PARAGRAPH,
 PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER
 OF  ANY EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES
 RELATED TO WAGE AND  BENEFIT  COLLECTION,  WAGE  THEFT  OR  OTHER  LABOR
 PROTECTIONS  OR RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS PARA-
 GRAPH RELIEVES ANY  OBLIGATIONS  PURSUANT  TO  A  COLLECTIVE  BARGAINING
 AGREEMENT.
   (IX)  A  RENTAL  PROJECT  CONTAINING THREE HUNDRED OR MORE RESIDENTIAL
 DWELLING UNITS NOT LOCATED WITHIN THE ENHANCED  AFFORDABILITY  AREA  MAY
 ELECT  TO COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH AND BE ELIGIBLE
 TO RECEIVE AN ENHANCED THIRTY-FIVE YEAR BENEFIT.  SUCH ELECTION SHALL BE
 MADE IN THE APPLICATION AND SHALL NOT THEREAFTER BE CHANGED. SUCH RENTAL
 PROJECT SHALL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS PARAGRAPH  AND
 SHALL BE DEEMED TO BE LOCATED WITHIN THE BROOKLYN ENHANCED AFFORDABILITY
 AREA  OR THE QUEENS ENHANCED AFFORDABILITY AREA FOR THE PURPOSES OF THIS
 PARAGRAPH.
   [(c)] (D) Tax payments. In  addition  to  any  other  amounts  payable
 pursuant  to  this subdivision, the owner of any eligible site receiving
 [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits shall pay, in  each
 tax year in which such [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits are in effect, real property taxes and assessments as follows:
   (i)  with  respect  to  each eligible multiple dwelling constructed on
 such eligible site, real property taxes on  the  assessed  valuation  of
 such  land  and  any  improvements thereon in effect during the tax year
 prior to the commencement date of such eligible multiple dwelling, with-
 out regard to any exemption from or abatement of real property  taxation
 in  effect  during  such  tax  year,  which real property taxes shall be
 calculated using the tax rate in effect at the time such taxes are  due;
 and
   (ii) all assessments for local improvements.
   [(d)]  (E)  Limitation  on  benefits for non-residential space. If the
 aggregate floor area of commercial, community facility and accessory use
 space in an eligible site, other than parking which is located not  more
 than  twenty-three  feet above the curb level, exceeds twelve percent of
 the aggregate floor area in such eligible site, any  [421-a]  AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits shall be reduced by a percentage equal

 S. 2006--B                         102

 to  such excess. If an eligible site contains multiple tax lots, the tax
 arising out of such reduction in [421-a]  AFFORDABLE  NEW  YORK  HOUSING
 PROGRAM benefits shall first be apportioned pro rata among any non-resi-
 dential  tax  lots.  After  any  such non-residential tax lots are fully
 taxable, the remainder of the tax  arising  out  of  such  reduction  in
 [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, if any, shall be
 apportioned pro rata among the remaining residential tax lots.
   [(e)] (F) Calculation of benefit. Based on the  certification  of  the
 agency certifying the applicant's eligibility for [421-a] AFFORDABLE NEW
 YORK  HOUSING  PROGRAM  benefits,  the  assessors  shall  certify to the
 collecting officer the amount of taxes to be exempted.
   [(f)] (G) Affordability requirements. During the restriction period, a
 rental project shall comply with either affordability option A, afforda-
 bility option B, or affordability option C or for purposes of a homeown-
 ership project, such project shall comply with affordability  option  D.
 Such  election shall be made in the application and shall not thereafter
 be changed. The rental project shall also comply with all provisions  of
 this paragraph during the restriction period and with subparagraph (iii)
 of  this  paragraph  both during and after the restriction period to the
 extent provided in such subparagraph.  A RENTAL PROJECT CONTAINING THREE
 HUNDRED OR MORE RENTAL DWELLING UNITS LOCATED IN THE  ENHANCED  AFFORDA-
 BILITY  AREA OR A RENTAL PROJECT CONTAINING THREE HUNDRED OR MORE RENTAL
 DWELLING UNITS NOT LOCATED WITHIN THE ENHANCED AFFORDABILITY AREA  WHICH
 ELECTS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION  SHALL  COMPLY  WITH  EITHER  AFFORDABILITY OPTION E, AFFORDABILITY
 OPTION F, OR AFFORDABILITY OPTION G. SUCH ELECTION SHALL BE MADE IN  THE
 APPLICATION  AND  SHALL  NOT  THEREAFTER BE CHANGED. SUCH RENTAL PROJECT
 SHALL ALSO COMPLY WITH ALL  PROVISIONS  OF  THIS  PARAGRAPH  DURING  THE
 EXTENDED  RESTRICTION  PERIOD  AND WITH SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH BOTH DURING AND AFTER  THE  EXTENDED  RESTRICTION  PERIOD  TO  THE
 EXTENT PROVIDED IN SUCH PARAGRAPH.
   (i)  Affordable units LOCATED IN A RENTAL PROJECT shall share the same
 common entrances and common areas as market rate units  IN  SUCH  RENTAL
 PROJECT,  and  shall  not  be isolated to a specific floor or area of [a
 building] THE RENTAL PROJECT.   Common entrances  shall  mean  any  area
 regularly  used  by  any  resident OF THE RENTAL PROJECT for ingress and
 egress from [a multiple dwelling] THE RENTAL PROJECT; and
   (ii) Unless preempted by the requirements of a federal, state or local
 housing program, either (A) the affordable housing units in an  eligible
 site  shall  have a unit mix proportional to the market units, or (B) at
 least fifty percent of the affordable housing units in an eligible  site
 shall  have two or more bedrooms and no more than twenty-five percent of
 the affordable housing units shall have less than one bedroom.
   (iii) Notwithstanding any  provision  of  rent  stabilization  to  the
 contrary,  all  affordable  housing units shall be fully subject to rent
 stabilization during the restriction period, provided that tenants hold-
 ing a lease and in occupancy of such affordable  housing  units  at  the
 expiration  of  the restriction period shall have the right to remain as
 rent stabilized tenants for the duration of their occupancy.
   (iv) All rent stabilization registrations required to be filed  pursu-
 ant  to subparagraph (iii) of this paragraph shall contain a designation
 that specifically identifies affordable housing units  created  pursuant
 to  this  subdivision  as  "[421-a]  AFFORDABLE NEW YORK HOUSING PROGRAM
 affordable housing units"  and  shall  contain  an  explanation  of  the
 requirements that apply to all such affordable housing units.

 S. 2006--B                         103
 
   (v)  Failure  to  comply  with  the  provisions of this paragraph that
 require the creation, maintenance,  rent  stabilization  compliance  and
 occupancy of affordable housing units or for purposes of a homeownership
 project  the  failure to comply with affordability option D shall result
 in  revocation  of any [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM bene-
 fits for the period of such non-compliance.
   (vi) Nothing in this subdivision shall (A) prohibit the  occupancy  of
 an  affordable  housing  unit by individuals or families whose income at
 any time is less than the maximum percentage of the area median  income,
 adjusted  for  family  size,  specified for such affordable housing unit
 pursuant to this subdivision, or (B) prohibit the owner of  an  eligible
 site  from requiring, upon initial rental or upon any rental following a
 vacancy, the occupancy of any affordable  housing  unit  by  such  lower
 income individuals or families.
   (vii)  Following  issuance of a temporary certificate of occupancy and
 upon each vacancy thereafter, an affordable housing unit shall  promptly
 be  offered  for rental by individuals or families whose income does not
 exceed the maximum percentage of the area median  income,  adjusted  for
 family size, specified for such affordable housing unit pursuant to this
 subdivision  and  who  intend  to occupy such affordable housing unit as
 their primary residence. An affordable housing unit  shall  not  be  (A)
 rented  to  a  corporation, partnership or other entity, or (B) held off
 the market for a period longer than is reasonably necessary  to  perform
 repairs  needed to make such affordable housing unit available for occu-
 pancy.
   (viii) An affordable housing unit shall not be rented on a  temporary,
 transient  or  short-term  basis. Every lease and renewal thereof for an
 affordable housing unit shall be for a term of one or two years, at  the
 option of the tenant.
   (ix)  An affordable housing unit shall not be converted to cooperative
 or condominium ownership.
   (x) The agency may establish by rule such requirements as  the  agency
 deems necessary or appropriate for (A) the marketing of affordable hous-
 ing  units,  both upon initial occupancy and upon any vacancy, (B) moni-
 toring compliance with the provisions of  this  paragraph  and  (C)  the
 marketing and monitoring of any homeownership project that is granted an
 exemption  pursuant  to this subdivision. Such requirements may include,
 but need not be limited to, retaining a monitor approved by  the  agency
 and paid for by the owner.
   (xi)  Notwithstanding any provision of this subdivision to the contra-
 ry, a market unit shall be subject to rent stabilization unless, in  the
 absence  of  [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits, the
 owner would be entitled to remove such market unit from rent  stabiliza-
 tion  upon  vacancy  by  reason  of the monthly rent exceeding any limit
 established thereunder.
   [(g)] (H) Building service employees. (i) For  the  purposes  of  this
 paragraph,  "applicant"  shall  mean an applicant for [421-a] AFFORDABLE
 NEW YORK HOUSING PROGRAM benefits, any successor to such  applicant,  or
 any  employer  of building service employees for such applicant, includ-
 ing, but not limited to, a property management company or contractor.
   (ii) All building service employees employed by the applicant  at  the
 eligible  site  shall  receive  the  applicable  prevailing wage for the
 entire restriction period.
   (iii)  The  fiscal  officer  shall  have  the  power  to  enforce  the
 provisions  of  this paragraph. In enforcing such provisions, the fiscal
 officer shall have the power:

 S. 2006--B                         104
 
   (A) to investigate or cause an investigation to be made  to  determine
 the  prevailing  wages  for  building  service employees; in making such
 investigation, the fiscal officer may utilize wage  and  fringe  benefit
 data  from  various  sources,  including,  but  not limited to, data and
 determinations of federal, state or other governmental agencies;
   (B)  to  institute  and conduct inspections at the site of the work or
 elsewhere;
   (C) to examine the books, documents  and  records  pertaining  to  the
 wages  paid  to,  and  the  hours of work performed by, building service
 employees;
   (D) to hold hearings and, in connection therewith, to issue subpoenas,
 administer oaths and examine witnesses; the enforcement  of  a  subpoena
 issued under this paragraph shall be regulated by the civil practice law
 and rules;
   (E) to make a classification by craft, trade or other generally recog-
 nized  occupational  category  of  the building service employees and to
 determine whether such work has been performed by the  building  service
 employees in such classification;
   (F)  to require the applicant to file with the fiscal officer a record
 of the wages actually paid by such applicant  to  the  building  service
 employees and of their hours of work;
   (G)  to  delegate  any of the foregoing powers to his or her deputy or
 other authorized representative; and
   (H) to promulgate rules as he or she shall consider necessary for  the
 proper  execution  of  the duties, responsibilities and powers conferred
 upon him or her by the provisions of this subparagraph.
   (iv) If the fiscal officer finds that  the  applicant  has  failed  to
 comply  with  the  provisions of this paragraph, he or she shall present
 evidence of such noncompliance to the agency.
   (v) Subparagraph (ii) of this paragraph shall not be applicable to:
   (A) an eligible multiple dwelling containing less than thirty dwelling
 units; or
   (B) an eligible multiple dwelling in which all of the  dwelling  units
 are  affordable  housing  units  and not less than fifty percent of such
 affordable housing units, upon initial rental and upon  each  subsequent
 rental following a vacancy during the restriction period, are affordable
 to  and  restricted to occupancy by individuals or families whose house-
 hold income does not exceed one hundred twenty-five percent of the  area
 median income, adjusted for family size, at the time that such household
 initially occupies such dwelling unit.
   [(h)]  (I) Replacement ratio. If the land on which an eligible site is
 located contained any dwelling units three years prior to the  commence-
 ment  date  of  the  first eligible multiple dwelling thereon, then such
 eligible site shall contain at least one  affordable  housing  unit  for
 [each]  EVERY  FOUR  dwelling [unit] UNITS that existed on such date and
 [was] WHICH WERE thereafter demolished, removed or reconfigured.
   [(i)] (J) Concurrent exemptions or abatements. An  eligible  [multiple
 dwelling]  SITE  receiving  [421-a]  AFFORDABLE NEW YORK HOUSING PROGRAM
 benefits shall not receive any exemption from or abatement of real prop-
 erty taxation under any other law.
   [(j)] (K) Voluntary renunciation or termination.  Notwithstanding  the
 provisions  of  any  general,  special  or local law to the contrary, an
 owner shall not be entitled to voluntarily  renounce  or  terminate  any
 [421-a]  AFFORDABLE  NEW YORK HOUSING PROGRAM benefits unless the agency
 authorizes such renunciation  or  termination  in  connection  with  the

 S. 2006--B                         105
 
 commencement of a new tax exemption pursuant to either the private hous-
 ing finance law or section four hundred twenty-c of this title.
   [(k)]  (L)  Termination  or  revocation.  The  agency may terminate or
 revoke [421-a] AFFORDABLE NEW YORK HOUSING PROGRAM benefits for  noncom-
 pliance  with this subdivision, PROVIDED, HOWEVER, THAT THE AGENCY SHALL
 NOT TERMINATE OR REVOKE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS FOR
 A FAILURE TO COMPLY WITH PARAGRAPH (C) OF THIS SUBDIVISION.  If  [421-a]
 AFFORDABLE  NEW  YORK HOUSING PROGRAM benefits are terminated or revoked
 for noncompliance with this subdivision, [all of the affordable  housing
 units  shall remain subject to rent stabilization or for a homeownership
 project such project shall continue to comply with affordability  option
 D of this subdivision and all other requirements of this subdivision for
 the  restriction  period and any additional period expressly provided in
 this subdivision, as if the 421-a benefits had not  been  terminated  or
 revoked] (I) ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
 RENT  STABILIZATION  AND  ALL OTHER REQUIREMENTS OF THIS SUBDIVISION FOR
 THE RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY  PROVIDED  IN
 THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK HOUSING PROGRAM BENEFITS
 HAD  NOT BEEN TERMINATED OR REVOKED; (II) ALL OF THE MARKET RATE HOUSING
 UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER  REQUIRE-
 MENTS  OF THIS SUBDIVISION FOR THE RESTRICTION PERIOD AND ANY ADDITIONAL
 PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE AFFORDABLE  NEW
 YORK  HOUSING  PROGRAM  BENEFITS  HAD  NOT  BEEN  TERMINATED OR REVOKED,
 PROVIDED, HOWEVER, THAT THE OWNER SHALL STILL BE ENTITLED TO REMOVE SUCH
 MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
 LY RENT EXCEEDING ANY LIMIT  ESTABLISHED  THEREUNDER;  (III)  OR  FOR  A
 HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE TO COMPLY WITH AFFORD-
 ABILITY  OPTION D OF THIS SUBDIVISION AND ALL OTHER REQUIREMENTS OF THIS
 SUBDIVISION  FOR  THE  RESTRICTION  PERIOD  AND  ANY  ADDITIONAL  PERIOD
 EXPRESSLY  PROVIDED  IN  THIS SUBDIVISION, AS IF THE AFFORDABLE NEW YORK
 HOUSING PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   [(l)] (M) Powers cumulative. The enforcement provisions of this subdi-
 vision shall not be exclusive, and are in addition to any other  rights,
 remedies,  or enforcement powers set forth in any other law or available
 at law or in equity.
   [(m)] (N) Multiple tax lots. If an eligible site contains multiple tax
 lots, an application may be submitted with respect to  one  or  more  of
 such  tax  lots.  The  agency  shall  determine  eligibility for [421-a]
 AFFORDABLE NEW YORK HOUSING PROGRAM benefits based  upon  the  tax  lots
 included  in  such  application  AND BENEFITS FOR EACH MULTIPLE DWELLING
 SHALL COMMENCE UPON COMMENCEMENT OF CONSTRUCTION OF SUCH MULTIPLE DWELL-
 ING.
   [(n)] (O) Applications. (i) The application with respect to any eligi-
 ble multiple dwelling shall be filed with the agency not later than  one
 year after the completion date of such eligible multiple dwelling.
   (ii)  Notwithstanding  the provisions of any general, special or local
 law to the contrary, the agency may require by rule that applications be
 filed electronically.
   (iii) The agency may rely on certification by an architect or engineer
 submitted by an applicant in connection with the filing of  an  applica-
 tion.  A  false  certification  by  such  architect or engineer shall be
 deemed to be professional  misconduct  pursuant  to  section  sixty-five
 hundred  nine  of  the  education law. Any licensee found guilty of such
 misconduct under the procedures prescribed in section sixty-five hundred
 ten of the education law shall be subject to the penalties prescribed in
 section sixty-five hundred eleven of the education law, and shall there-

 S. 2006--B                         106
 
 after be ineligible to submit a certification pursuant to this  subdivi-
 sion.
   (IV)  THE  AGENCY  SHALL  NOT  REQUIRE  THAT THE APPLICANT DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   [(o)] (P) Filing fee. The agency may require a  filing  fee  of  three
 thousand  dollars  per dwelling unit in connection with any application.
 However, the agency may promulgate  rules  imposing  a  lesser  fee  for
 eligible  sites  containing eligible multiple dwellings constructed with
 the substantial assistance of grants, loans or subsidies provided  by  a
 federal,  state or local governmental agency or instrumentality pursuant
 to a program for the development of affordable housing.
   [(p)] (Q) Rules. THE AGENCY SHALL HAVE THE SOLE AUTHORITY  TO  ENFORCE
 THE  PROVISIONS  OF  THIS SUBDIVISION. The agency [may] SHALL promulgate
 rules to carry out the provisions of this  subdivision,  INCLUDING,  BUT
 NOT  LIMITED  TO,  PROVISIONS  RELATED TO THE CALCULATION OF THE AVERAGE
 HOURLY WAGE.
   [(q) Authority of city to enact local law. Except as otherwise  speci-
 fied in this subdivision, a city to which this subdivision is applicable
 may  enact  a  local law to restrict, limit or condition the eligibility
 for or the scope or amount of 421-a benefits  in  any  manner,  provided
 that  such  local law may not grant 421-a benefits beyond those provided
 in this subdivision and provided further that such local law  shall  not
 take  effect sooner than one year after it is enacted. The provisions of
 sections 11-245 and 11-245.1 of the administrative code of the  city  of
 New  York  or  of  any other local law of the city of New York that were
 enacted on or before the effective date of the chapter of  the  laws  of
 two  thousand  fifteen  which  added  this paragraph shall not restrict,
 limit or condition the eligibility for or the scope or amount  of  421-a
 benefits pursuant to this subdivision.]
   (r)  Election.  Notwithstanding  anything  in  this subdivision to the
 contrary, [if a memorandum  of  understanding  pursuant  to  subdivision
 sixteen-a  of  this  section  has  been  executed and noticed,] a rental
 project or homeownership project with a commencement date on  or  before
 December  thirty-first, two thousand fifteen that has not received bene-
 fits pursuant to this section prior to the effective date of the chapter
 of the laws of two thousand fifteen  that  added  this  subdivision  may
 elect to comply with this subdivision and receive [421-a] AFFORDABLE NEW
 YORK  HOUSING  PROGRAM  benefits pursuant to this subdivision, PROVIDED,
 HOWEVER, THAT, FOR PURPOSES OF THIS SUBPARAGRAPH, ANY REQUIREMENT  UNDER
 THIS  SUBDIVISION  FOR  A  RENTAL  PROJECT  THAT  IS AN ELIGIBLE PLANNED
 PROJECT TO CONTAIN THREE HUNDRED  OR  MORE  RESIDENTIAL  DWELLING  UNITS
 SHALL BE REDUCED TO TWO HUNDRED NINETY-FIVE OR MORE RESIDENTIAL DWELLING
 UNITS.
   § 4. Subdivision 16-a of section 421-a of the real property tax law is
 REPEALED.
   §  4-a.  Paragraph (n) of subdivision 2 of section 2 of chapter 274 of
 the laws of 1946, constituting the emergency housing rent  control  law,
 as  amended by section 7 of part A of chapter 20 of the laws of 2015, is
 amended to read as follows:
   (n) any housing accommodation with a  maximum  rent  of  two  thousand
 dollars or more per month at any time between the effective date of this
 paragraph  and  October first, nineteen hundred ninety-three which is or
 becomes vacant on or after the effective date of this paragraph; or, for
 any housing accommodation with a maximum rent of two thousand dollars or
 more per month at any time on or after the effective date  of  the  rent

 S. 2006--B                         107
 
 regulation  reform act of 1997 and before the effective date of the rent
 act of 2011, which is or becomes vacant on or after the  effective  date
 of  the rent regulation reform act of 1997 and before the effective date
 of the rent act of 2011. This exclusion shall apply regardless of wheth-
 er the next tenant in occupancy or any subsequent tenant in occupancy is
 charged  or  pays  less  than  two thousand dollars a month; or, for any
 housing accommodation with a maximum rent of two thousand  five  hundred
 dollars  or more per month at any time on or after the effective date of
 the rent act of 2011, which is or becomes vacant on or after such effec-
 tive date, but prior to the effective date of the rent act of 2015;  or,
 any  housing accommodation with a legal regulated rent [that was] OF two
 thousand seven hundred dollars or more per month at any time on or after
 the effective date of the rent act of 2015, which becomes  vacant  after
 the  effective  date  of  the  rent act of 2015, provided, however, that
 starting on January 1, 2016, and annually thereafter, the maximum  legal
 regulated  rent for this deregulation threshold, shall also be increased
 by the same percentage as the most recent one year  renewal  adjustment,
 adopted  by  the  applicable rent guidelines board. This exclusion shall
 apply regardless of whether the next tenant in occupancy or  any  subse-
 quent  tenant  in  occupancy  actually  is charged or pays less than two
 thousand seven hundred dollars,  as  adjusted  by  the  applicable  rent
 guidelines  board,  per  month.  An exclusion pursuant to this paragraph
 shall not apply, however, to or become effective with respect to housing
 accommodations which the commissioner determines or finds that the land-
 lord or any person acting on his or her behalf, with intent to cause the
 tenant to vacate, has engaged in any course of conduct  (including,  but
 not  limited  to,  interruption  or discontinuance of required services)
 which interfered with or disturbed or was intended to interfere with  or
 disturb  the comfort, repose, peace or quiet of the tenant in his or her
 use or occupancy of the housing accommodations and  in  connection  with
 such  course of conduct, any other general enforcement provision of this
 law shall also apply.
   § 4-b. Paragraph 13 of subdivision a of section  5  of  section  4  of
 chapter  576  of  the  laws  of  1974, constituting the emergency tenant
 protection act of nineteen seventy-four, as amended by section 8 of part
 A of chapter 20 of the laws of 2015, is amended to read as follows:
   (13) any housing accommodation with a  legal  regulated  rent  of  two
 thousand  dollars  or  more  per month at any time between the effective
 date of this paragraph and October first, nineteen hundred  ninety-three
 which  is or becomes vacant on or after the effective date of this para-
 graph; or, for any housing accommodation with a legal regulated rent  of
 two  thousand  dollars  or  more  per  month at any time on or after the
 effective date of the rent regulation reform act of 1997 and before  the
 effective date of the rent act of 2011, which is or becomes vacant on or
 after  the  effective date of the rent regulation reform act of 1997 and
 before the effective date of the rent act of 2011. This exclusion  shall
 apply  regardless  of whether the next tenant in occupancy or any subse-
 quent tenant in occupancy is charged or  pays  less  than  two  thousand
 dollars  a  month;  or, for any housing accommodation with a legal regu-
 lated rent of two thousand five hundred dollars or more per month at any
 time on or after the effective date of the rent act of 2011, which is or
 becomes vacant on or after such effective date, but prior to the  effec-
 tive  date of the rent act of 2015; or, any housing accommodation with a
 legal regulated rent [that was] OF two thousand seven hundred dollars or
 more per month at any time on or after the effective date  of  the  rent
 act  of  2015, which becomes vacant after the effective date of the rent

 S. 2006--B                         108
 
 act of 2015, provided, however, that starting on January  1,  2016,  and
 annually  thereafter,  the maximum legal regulated rent for this deregu-
 lation threshold, shall also be increased by the same percentage as  the
 most  recent one year renewal adjustment, adopted by the applicable rent
 guidelines board. An exclusion pursuant to this  paragraph  shall  apply
 regardless  of  whether  the  next tenant in occupancy or any subsequent
 tenant in occupancy actually is charged or pays less than  two  thousand
 seven  hundred  dollars  a  month.  Provided  however, that an exclusion
 pursuant to this paragraph shall not  apply  to  housing  accommodations
 which  became  or  become subject to this act (a) by virtue of receiving
 tax benefits pursuant to  section  four  hundred  twenty-one-a  or  four
 hundred  eighty-nine  of  the real property tax law, except as otherwise
 provided in subparagraph (i) of paragraph  (f)  of  subdivision  two  of
 section  four  hundred twenty-one-a of the real property tax law, or (b)
 by virtue of article seven-C of the multiple dwelling  law.  This  para-
 graph  shall  not apply, however, to or become effective with respect to
 housing accommodations which the commissioner determines or  finds  that
 the  landlord  or any person acting on his or her behalf, with intent to
 cause the tenant to  vacate,  has  engaged  in  any  course  of  conduct
 (including,  but  not  limited  to,  interruption  or  discontinuance of
 required services) which interfered with or disturbed or was intended to
 interfere with or disturb the comfort, repose, peace  or  quiet  of  the
 tenant  in his or her use or occupancy of the housing accommodations and
 in connection with such course of conduct, any other general enforcement
 provision of this act shall also apply.
   § 4-c. Subparagraph (k) of paragraph 2 of  subdivision  e  of  section
 26-403 of the administrative code of the city of New York, as amended by
 section  9  of  part  A of chapter 20 of the laws of 2015, is amended to
 read as follows:
   (k) Any housing accommodation which becomes vacant on or  after  April
 first,  nineteen  hundred  ninety-seven and before the effective date of
 the rent act of 2011, and where at the  time  the  tenant  vacated  such
 housing  accommodation the maximum rent was two thousand dollars or more
 per month; or, for any housing accommodation which is or becomes  vacant
 on or after the effective date of the rent regulation reform act of 1997
 and  before  the  effective  date of the rent act of 2011 with a maximum
 rent of two thousand dollars or more per  month.  This  exclusion  shall
 apply  regardless  of whether the next tenant in occupancy or any subse-
 quent tenant in occupancy is charged or  pays  less  than  two  thousand
 dollars  a  month; or, for any housing accommodation with a maximum rent
 of two thousand five hundred dollars or more per month at any time on or
 after the effective date of the rent act of 2011, which  is  or  becomes
 vacant  on or after such effective date, but prior to the effective date
 of the rent act of 2015; or, any  housing  accommodation  with  a  legal
 regulated  rent [that was] OF two thousand seven hundred dollars or more
 per month at any time on or after the effective date of the rent act  of
 2015,  which  becomes vacant after the effective date of the rent act of
 2015, provided, however, that starting on January 1, 2016, and  annually
 thereafter,  the  maximum  legal  regulated  rent  for this deregulation
 threshold, shall also be increased by  the  same  percent  as  the  most
 recent  one  year  renewal adjustment, adopted by the New York city rent
 guidelines board pursuant to the rent stabilization law. This  exclusion
 shall  apply  regardless  of whether the next tenant in occupancy or any
 subsequent tenant in occupancy actually is charged or pays less than two
 thousand seven hundred dollars a month. Provided however, that an exclu-
 sion pursuant to this subparagraph shall not apply to  housing  accommo-

 S. 2006--B                         109
 
 dations  which became or become subject to this law by virtue of receiv-
 ing tax benefits pursuant to section four  hundred  eighty-nine  of  the
 real property tax law. This subparagraph shall not apply, however, to or
 become  effective  with  respect  to  housing  accommodations  which the
 commissioner determines or finds that the landlord or any person  acting
 on  his  or  her  behalf, with intent to cause the tenant to vacate, has
 engaged in any course of conduct (including, but not limited to,  inter-
 ruption or discontinuance of required services) which interfered with or
 disturbed  or  was  intended  to  interfere with or disturb the comfort,
 repose, peace or quiet of the tenant in his or her use or  occupancy  of
 the  housing  accommodations  and  in  connection  with  such  course of
 conduct, any other general enforcement provision of this law shall  also
 apply.
   §  4-d. Section 26-504.2 of the administrative code of the city of New
 York, as amended by section 10 of part A of chapter 20 of  the  laws  of
 2015, is amended to read as follows:
   § 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo-
 dations"  shall  not  include:  any  housing accommodation which becomes
 vacant on or after April first, nineteen hundred ninety-seven and before
 the effective date of the rent act of 2011 and where  at  the  time  the
 tenant  vacated  such housing accommodation the legal regulated rent was
 two thousand dollars or more per month; or,  for  any  housing  accommo-
 dation  which is or becomes vacant on or after the effective date of the
 rent regulation reform act of 1997 and before the effective date of  the
 rent act of 2011, with a legal regulated rent of two thousand dollars or
 more  per month; or for any housing accommodation that becomes vacant on
 or after the effective date of the rent act of 2015, [where such] WITH A
 legal regulated rent [was] OF two  thousand  seven  hundred  dollars  or
 more,  and  as  further adjusted by this section. Starting on January 1,
 2016, and annually thereafter, the maximum legal regulated rent for this
 deregulation threshold, shall also be increased by the same  percent  as
 the  most  recent  one  year renewal adjustment, adopted by the New York
 city rent guidelines board pursuant to the rent stabilization law.  This
 exclusion shall apply regardless of whether the next tenant in occupancy
 or  any  subsequent tenant in occupancy is charged or pays less than two
 thousand dollars a month; or, for any housing accommodation with a legal
 regulated rent of two thousand five hundred dollars or more per month at
 any time on or after the effective date of the rent act of  2011,  which
 is  or  becomes vacant on or after such effective date, but prior to the
 effective date of the rent act of 2015; or,  any  housing  accommodation
 with  a  legal  regulated  rent [that was] OF two thousand seven hundred
 dollars or more per month at any time on or after the effective date  of
 the  rent  act of 2015, which becomes vacant after the effective date of
 the rent act of 2015, provided, however, that  starting  on  January  1,
 2016, and annually thereafter, such legal regulated rent for this dereg-
 ulation threshold, shall also be increased by the same percentage as the
 most  recent  one  year renewal adjustment, adopted by the New York city
 rent guidelines board. This exclusion shall apply regardless of  whether
 the next tenant in occupancy or any subsequent tenant in occupancy actu-
 ally is charged or pays less than two thousand seven hundred dollars, as
 adjusted  by  the  applicable  rent  guidelines board, a month. Provided
 however, that an exclusion pursuant to this subdivision shall not  apply
 to housing accommodations which became or become subject to this law (a)
 by  virtue  of  receiving  tax benefits pursuant to section four hundred
 twenty-one-a or four hundred eighty-nine of the real property  tax  law,
 except  as  otherwise  provided  in subparagraph (i) of paragraph (f) of

 S. 2006--B                         110
 
 subdivision two of section four hundred twenty-one-a of the real proper-
 ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
 law. This section shall not apply, however, to or become effective  with
 respect  to  housing accommodations which the commissioner determines or
 finds that the landlord or any person acting on his or her behalf,  with
 intent  to  cause the tenant to vacate, engaged in any course of conduct
 (including, but  not  limited  to,  interruption  or  discontinuance  of
 required services) which interfered with or disturbed or was intended to
 interfere  with  or  disturb  the comfort, repose, peace or quiet of the
 tenant in his or her use or occupancy of the housing accommodations  and
 in connection with such course of conduct, any other general enforcement
 provision of this law shall also apply.
   b.  The owner of any housing accommodation that is not subject to this
 law pursuant to the provisions of  subdivision  a  of  this  section  or
 subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
 code  shall  give  written  notice  certified by such owner to the first
 tenant of that housing accommodation after  such  housing  accommodation
 becomes  exempt  from  the  provisions  of this law or the city rent and
 rehabilitation law. Such notice shall contain the last  regulated  rent,
 the reason that such housing accommodation is not subject to this law or
 the  city  rent  and rehabilitation law, a calculation of how either the
 rental amount charged when there  is  no  lease  or  the  rental  amount
 provided  for  in the lease has been derived so as to reach two thousand
 dollars or more per month or, for a housing accommodation with  a  legal
 regulated  rent  or maximum rent of two thousand five hundred dollars or
 more per month on or after the effective date of the rent act  of  2011,
 and  before  the  effective  date  of  the rent act of 2015, which is or
 becomes vacant on or after such effective date, whether the next  tenant
 in  occupancy  or any subsequent tenant in occupancy actually is charged
 or pays less than a legal regulated rent or maximum rent of two thousand
 five hundred dollars or more per month, or two  thousand  seven  hundred
 dollars  or  more,  per month, starting on January 1, 2016, and annually
 thereafter, the maximum  legal  regulated  rent  for  this  deregulation
 threshold,  shall  also  be  increased  by  the same percent as the most
 recent one year renewal adjustment, adopted by the New  York  city  rent
 guidelines  board  pursuant  to  the rent stabilization law, a statement
 that the last legal regulated rent or the maximum rent may  be  verified
 by  the tenant by contacting the state division of housing and community
 renewal, or any successor thereto, and the address and telephone  number
 of  such  agency, or any successor thereto. Such notice shall be sent by
 certified mail within thirty days after the tenancy commences  or  after
 the  signing  of  the  lease  by both parties, whichever occurs first or
 shall be delivered to the tenant at the signing of the lease.  In  addi-
 tion,  the  owner  shall  send  and  certify to the tenant a copy of the
 registration statement for such housing  accommodation  filed  with  the
 state  division  of  housing  and community renewal indicating that such
 housing accommodation became exempt from the provisions of this  law  or
 the  city rent and rehabilitation law, which form shall include the last
 regulated rent, and shall be sent to the tenant within thirty days after
 the tenancy commences or the  filing  of  such  registration,  whichever
 occurs later.
   § 4-e. Paragraph 14 of subdivision c of section 26-511 of the adminis-
 trative code of the city of New York, as amended by section 12 of part A
 of chapter 20 of the laws of 2015, is amended to read as follows:
   (14) provides that where the amount of rent charged to and paid by the
 tenant  is  less  than the legal regulated rent for the housing accommo-

 S. 2006--B                         111
 
 dation, the amount of rent for such housing accommodation which  may  be
 charged  upon renewal or upon vacancy thereof, may, at the option of the
 owner, be based upon such previously established legal  regulated  rent,
 as  adjusted  by the most recent applicable guidelines increases and any
 other increases authorized by law. Such housing accommodation  shall  be
 excluded  from  the provisions of this code pursuant to section 26-504.2
 of this chapter when, subsequent to vacancy: (i)  such  legal  regulated
 rent  [prior to vacancy] is two thousand five hundred dollars per month,
 or more, for any housing accommodation that is or becomes  vacant  after
 the  effective  date  of the rent act of 2011 but prior to the effective
 date of the rent act of 2015 or (ii) such legal regulated  rent  is  two
 thousand seven hundred dollars per month or more, provided, however that
 on January 1, 2016, and annually thereafter, the maximum legal regulated
 rent  for  this  deregulation  threshold  shall  be adjusted by the same
 percentage as the most recent one year renewal adjustment as adjusted by
 the relevant rent guidelines board, for any housing  accommodation  that
 is or becomes vacant on or after the rent act of 2015.
   § 4-f. Section 467-i of the real property tax law is REPEALED.
   § 5. 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.
   § 6. This act shall take effect immediately; provided, however, that:
   (a) sections one, two, and three of this act shall be deemed  to  have
 been in full force and effect on and after January 1, 2016;
   (b)  the  amendments to the emergency housing rent control law made by
 section four-a of this act shall expire on the same  date  as  such  law
 expires  and  shall not affect the expiration of such law as provided in
 subdivision 2 of section 1 of chapter 274 of the laws of 1946;
   (c) the amendments to the emergency tenant protection act of  nineteen
 seventy-four made by section four-b of this act shall expire on the same
 date as such act expires and shall not affect the expiration of such act
 as provided in section 17 of chapter 576 of the laws of 1974;
   (d) the amendments to chapter 4 of title 26 of the administrative code
 of  the  city of New York made by sections four-d and four-e of this act
 shall expire on the same date as such  chapter  expires  and  shall  not
 affect  the  expiration of such chapter as provided under section 26-520
 of such law; and
   (e) the amendments to chapter 3 of title 26 of the administrative code
 of the city of New York made by section four-c of this act shall  remain
 in  full force and effect only as long as the public emergency requiring
 the regulation and control of residential rents and evictions continues,
 as provided in subdivision 3 of section 1 of the local emergency housing
 rent control act.
 
                                  PART T
 
   Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 2000, is amended to read as
 follows:

 S. 2006--B                         112
 
   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 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 with the consent of the district attorney, order that  the
 action  be  removed  from  the  court  in which the matter is pending to
 another local criminal court in the same county which  has  been  desig-
 nated  a  drug  court  by  the  chief administrator of the courts, OR TO
 ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY OR AN  ADJOINING  COUNTY
 THAT  HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS, and such drug court OR VETERANS TREATMENT  COURT
 may  then  conduct  such  action  to [judgement] 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 drug court
 OR VETERANS TREATMENT 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 drug court OR VETERANS TREATMENT COURT  shall  promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 2. Subdivision 3 of section 180.20 of the criminal procedure law, as
 amended  by  chapter  67  of  the  laws  of  2000, is amended to read as
 follows:
   3. 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  with  the  consent  of  the
 district  attorney,  order  that the action be removed from the court in
 which the matter is pending to another local criminal court in the  same
 county which has been designated a drug court by the chief administrator
 of  the  courts,  OR TO ANOTHER COURT IN THE SAME COUNTY OR AN ADJOINING
 COUNTY THAT HAS BEEN DESIGNATED A VETERANS TREATMENT COURT BY THE  CHIEF
 ADMINISTRATOR  OF  THE COURTS, and such drug court OR VETERANS TREATMENT
 COURT may then dispose of such felony complaint pursuant to  this  arti-
 cle;  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 drug court OR
 VETERANS TREATMENT 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  drug court OR VETERANS TREATMENT COURT shall promptly
 give notice to the defendant, his or her counsel and the district attor-
 ney.
   § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (u) to read as follows:

 S. 2006--B                         113
 
   (U)  TO  THE  EXTENT  PRACTICABLE,  ESTABLISH  SUCH NUMBER OF VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   §  4.  The  executive  law is amended by adding a new section 836-a to
 read as follows:
   § 836-A. VETERANS TREATMENT COURT PEER-TO-PEER SERVICE GRANT  PROGRAM.
 1.    NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DIVISION
 SHALL ESTABLISH A GRANT  PROGRAM  IN  SUPPORT  OF  VETERAN  PEER-TO-PEER
 PROGRAMS TO AID AND/OR ASSIST VETERANS WHO HAVE AN ACTION PENDING BEFORE
 A  VETERANS TREATMENT COURT. SUCH GRANT PROGRAM SHALL BE SUBJECT TO, AND
 FUNDED PURSUANT TO, ANY FUNDS APPROPRIATED OR SUBALLOCATED FOR  EXPENSES
 RELATED TO THE VETERANS TREATMENT COURT PROGRAM. ELIGIBLE APPLICANTS FOR
 THIS  GRANT PROGRAM SHALL INCLUDE NOT-FOR-PROFIT VETERANS SERVICE ORGAN-
 IZATIONS AND LOCAL COUNTY VETERANS SERVICES AGENCIES,  THAT  MAINTAIN  A
 PEER-TO-PEER  PROGRAM WHERE VETERAN SERVICE OFFICERS, OR THEIR VOLUNTEER
 EQUIVALENT, AID AND/OR ASSIST VETERANS WHO HAVE AN ACTION PENDING BEFORE
 A VETERANS TREATMENT COURT. THE AWARDING OF SUCH GRANTS BY THE  DIVISION
 SHALL  BE DIVIDED AS EQUALLY AS POSSIBLE, WITHIN TOTAL AMOUNTS APPROPRI-
 ATED OR SUBALLOCATED THEREFOR, BETWEEN  THE  DIFFERENT  REGIONS  OF  THE
 STATE.
   2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING DEFI-
 NITIONS SHALL APPLY:
   (A) "VETERANS TREATMENT COURT" SHALL MEAN A COURT, DESIGNATED  BY  THE
 CHIEF  ADMINISTRATOR  OF  THE  COURTS  AS A VETERANS TREATMENT COURT, IN
 ACCORDANCE WITH SUBDIVISION FOUR  OF  SECTION  170.15  OF  THE  CRIMINAL
 PROCEDURE  LAW  OR  SUBDIVISION  THREE OF SECTION 180.20 OF THE CRIMINAL
 PROCEDURE LAW.
   (B) "VETERANS SERVICES OFFICER" SHALL  MEAN  A  PROFESSIONAL  VETERANS
 SERVICES  OFFICER  EMPLOYED  BY  A  COUNTY VETERANS SERVICE AGENCY, OR A
 VOLUNTEER EQUIVALENT ASSOCIATED WITH A NOT-FOR-PROFIT VETERANS ORGANIZA-
 TION, OPERATING A VETERAN PEER-TO-PEER  PROGRAM  TO  AID  AND/OR  ASSIST
 VETERANS WHO HAVE AN ACTION PENDING BEFORE A VETERANS TREATMENT COURT.
   (C) "NOT-FOR-PROFIT VETERANS SERVICE ORGANIZATION" SHALL MEAN A VETER-
 ANS  ORGANIZATION  CHARTERED  FOR  THE  PURPOSES OF SERVING VETERANS AND
 SHALL INCLUDE SUCH ORGANIZATIONS AS THE  AMERICAN  LEGION,  VETERANS  OF
 FOREIGN  WARS,  MILITARY  ORDER OF THE PURPLE HEART, VIETNAM VETERANS OF
 AMERICA, DISABLED AMERICAN VETERANS, AMVETS, PARALYZED VETERANS OF AMER-
 ICA, AND/OR ANY OTHER  ORGANIZATION  RECOGNIZED  BY  THE  UNITED  STATES
 DEPARTMENT  OF VETERANS AFFAIRS OR THE NEW YORK STATE DIVISION OF VETER-
 ANS AFFAIRS FOR THE OPERATION OF A VETERAN PEER-TO-PEER PROGRAM  TO  AID
 AND/OR  ASSIST  VETERANS  WHO  HAVE  AN ACTION PENDING BEFORE A VETERANS
 TREATMENT COURT.
   (D) "REGIONS OF THE STATE" SHALL  MEAN  AND  INCLUDE  THE  NASSAU  AND
 SUFFOLK  COUNTY  REGION;  THE HUDSON VALLEY REGION; THE CAPITAL DISTRICT
 REGION; THE ADIRONDACK AND NORTH COUNTRY REGION; THE  CENTRAL  NEW  YORK
 REGION AND THE WESTERN NEW YORK REGION.
   § 5. This act shall take effect immediately.
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V

 S. 2006--B                         114

   Section 1. Clause (iv) of 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 renumbered clause (v) and a new
 clause (iv) is added to read as follows:
   (IV)  THE  STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE GENERAL
 FUND OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE STATE  UNIVER-
 SITY  IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL-
 ABLE 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
 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.
   §  2. The opening paragraph of subparagraph 4 of paragraph h of subdi-
 vision 2 of section 355 of the education law, as amended by chapter  437
 of  the  laws of 2015, is designated clause (i) and a new clause (ii) is
 added to read as follows:
   (II) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE  AVAILABLE  GENERAL
 FUND  OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVER-
 SITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE  AVAIL-
 ABLE  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
 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, THE 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.
   §  3.  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 by adding a new subparagraph (iv) to read as follows:

 S. 2006--B                         115
 
   (IV)  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 THAT THE AMOUNT APPROPRIATED AND MADE
 AVAILABLE TO THE CITY 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 STATE SUPPORT FOR OPERATING  EXPENSE  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.
   § 4. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law, as amended by chapter 327 of the laws of 2002, is amended by adding
 a new subparagraph (iv) to read as follows:
   (IV)  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
 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 SPEAKER OF THE ASSEMBLY, STATE
 SUPPORT  FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY UNIVER-
 SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE  ANOTHER,  AND  THE
 AFOREMENTIONED PROVISIONS SHALL NOT APPLY.
   § 5. This act shall take effect immediately provided that:
   (a)  the  amendments to subparagraph 4 of paragraph h of subdivision 2
 of section 355 of the education law made by  section  one  of  this  act
 shall  be  subject  to the expiration and reversion of such subparagraph
 pursuant to chapter 260 of the laws of 2011, as amended, when upon  such
 date section two of this act shall take effect; and
   (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
 of the education law made by section three of this act shall be  subject
 to  the  expiration  and reversion of such paragraph pursuant to chapter
 260 of the laws of 2011, as amended, when upon such date section four of
 this act shall take effect.
 
                                  PART W

 S. 2006--B                         116
 
   Section 1. The education law is amended by adding a new section  355-d
 to read as follows:
   §  355-D. "NEW YORK STATE PRE-PAID TUITION PLAN". 1. DEFINITIONS.  FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "ACCOUNT" OR "PRE-PAID TUITION ACCOUNT" SHALL  MEAN  AN  INDIVIDUAL
 PRE-PAID  TUITION  ACCOUNT ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS
 OF THIS SECTION.
   B. "ACCOUNT OWNER" SHALL MEAN A PERSON  WHO  ENTERS  INTO  A  PRE-PAID
 TUITION  AGREEMENT PURSUANT TO THE PROVISIONS OF THIS ARTICLE, INCLUDING
 A PERSON WHO ENTERS INTO SUCH AN AGREEMENT AS A FIDUCIARY  OR  AGENT  ON
 BEHALF  OF  A TRUST, ESTATE, PARTNERSHIP, ASSOCIATION, COMPANY OR CORPO-
 RATION. THE ACCOUNT OWNER MAY ALSO BE THE DESIGNATED BENEFICIARY OF  THE
 ACCOUNT.
   C. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVERSITY OF NEW YORK.
   D. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
   E.  "DESIGNATED BENEFICIARY" SHALL MEAN, WITH RESPECT TO AN ACCOUNT OR
 ACCOUNTS, THE INDIVIDUAL DESIGNATED  AS  THE  INDIVIDUAL  WHOSE  TUITION
 EXPENSES ARE EXPECTED TO BE PAID FROM THE ACCOUNT OR ACCOUNTS.
   F.  "ELIGIBLE  EDUCATIONAL  INSTITUTION" SHALL MEAN ANY INSTITUTION OF
 HIGHER EDUCATION DEFINED  AS  AN  ELIGIBLE  EDUCATIONAL  INSTITUTION  IN
 SECTION 529(E)(5) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
   G.  "FINANCIAL  ORGANIZATION" SHALL MEAN AN ORGANIZATION AUTHORIZED TO
 DO BUSINESS IN THE STATE AND (I) WHICH IS AN AUTHORIZED FIDUCIARY TO ACT
 AS A TRUSTEE PURSUANT TO THE PROVISIONS OF AN ACT OF  CONGRESS  ENTITLED
 "EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974" AS SUCH PROVISIONS MAY
 BE  AMENDED  FROM TIME TO TIME, OR AN INSURANCE COMPANY; AND (II) (A) IS
 LICENSED OR CHARTERED BY THE DEPARTMENT OF FINANCIAL  SERVICES,  (B)  IS
 CHARTERED  BY AN AGENCY OF THE FEDERAL GOVERNMENT, (C) IS SUBJECT TO THE
 JURISDICTION AND REGULATION OF THE SECURITIES AND EXCHANGE COMMISSION OF
 THE FEDERAL GOVERNMENT, OR (D) IS ANY OTHER ENTITY OTHERWISE  AUTHORIZED
 TO  ACT  IN THIS STATE AS A TRUSTEE PURSUANT TO THE PROVISIONS OF AN ACT
 OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT INCOME SECURITY ACT  OF  1974"
 AS SUCH PROVISIONS MAY BE AMENDED FROM TIME TO TIME.
   H. "MEMBER OF FAMILY" SHALL MEAN A FAMILY MEMBER AS DEFINED IN SECTION
 529 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
   I.  "NONQUALIFIED WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN ACCOUNT,
 BUT SHALL NOT MEAN:
   (I) A QUALIFIED WITHDRAWAL; (II) A WITHDRAWAL MADE AS  THE  RESULT  OF
 THE  DEATH OR DISABILITY OF THE DESIGNATED BENEFICIARY OF AN ACCOUNT; OR
 (III) A WITHDRAWAL MADE ON THE ACCOUNT OF A SCHOLARSHIP.
   J. "PLAN" SHALL MEAN THE NEW YORK STATE PRE-PAID TUITION  PLAN  ESTAB-
 LISHED PURSUANT TO THIS SECTION.
   K.  "PLAN MANAGER" SHALL MEAN A FINANCIAL ORGANIZATION SELECTED BY THE
 COMPTROLLER TO ACT AS A DEPOSITORY AND MANAGER OF THE PLAN.
   L. "QUALIFIED WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN  ACCOUNT  TO
 PAY THE QUALIFIED TUITION EXPENSES OF THE DESIGNATED BENEFICIARY.
   M. "STATE UNIVERSITY" SHALL MEAN THE STATE UNIVERSITY OF NEW YORK.
   N.  "TUITION"  SHALL MEAN ANY MANDATORY CHARGES IMPOSED BY AN ELIGIBLE
 EDUCATIONAL INSTITUTION FOR ATTENDANCE FOR AN ACADEMIC YEAR AS A  CONDI-
 TION  OF  ENROLLMENT.  SUCH TERM SHALL NOT INCLUDE LABORATORY FEES, ROOM
 AND BOARD, OR OTHER SIMILAR FEES AND CHARGES.
   O. "TUITION SAVINGS AGREEMENT" SHALL MEAN  AN  AGREEMENT  BETWEEN  THE
 COMPTROLLER OR A FINANCIAL ORGANIZATION AND AN ACCOUNT OWNER.
   2.  POWERS AND DUTIES OF THE COMPTROLLER. THE COMPTROLLER SHALL ADMIN-
 ISTER THE PLAN AND SHALL DEVELOP AND IMPLEMENT PROGRAMS FOR THE PRE-PAY-

 S. 2006--B                         117
 
 MENT OF UNDERGRADUATE TUITION, AT A FIXED, GUARANTEED LEVEL FOR APPLICA-
 TION AT ANY TWO-YEAR OR FOUR-YEAR ELIGIBLE  EDUCATIONAL  INSTITUTION  AS
 DEFINED IN SECTION 529 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,
 OR OTHER APPLICABLE FEDERAL LAW. IN ADDITION, THE COMPTROLLER SHALL HAVE
 THE POWER AND DUTY TO:
   A.  DEVELOP  AND  IMPLEMENT  THE  PLAN IN A MANNER CONSISTENT WITH THE
 PROVISIONS OF THIS SECTION THROUGH RULES AND REGULATIONS ESTABLISHED  IN
 ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT;
   B.  MAKE  ARRANGEMENTS  WITH THE STATE UNIVERSITY, CITY UNIVERSITY AND
 ANY ELIGIBLE EDUCATIONAL INSTITUTION  LOCATED  WITHIN  THE  STATE  WHICH
 CHOOSES  TO  PARTICIPATE,  TO FULFILL OBLIGATIONS UNDER PRE-PAID TUITION
 CONTRACTS FOR TWO-YEAR OR FOUR-YEAR DEGREE PROGRAMS, INCLUDING, BUT  NOT
 LIMITED TO, PAYMENT FROM THE PLAN OF THE THEN ACTUAL IN-STATE UNDERGRAD-
 UATE  TUITION  COST  ON  BEHALF OF A QUALIFIED BENEFICIARY OF A PRE-PAID
 TUITION CONTRACT TO THE INSTITUTION IN WHICH SUCH BENEFICIARY IS  ADMIT-
 TED AND ENROLLED, AND APPLICATION OF SUCH BENEFITS TOWARDS GRADUATE-LEV-
 EL TUITION AND TOWARDS TUITION COSTS AT SUCH ELIGIBLE EDUCATIONAL INSTI-
 TUTIONS,  AS  THAT  TERM  IS  DEFINED  IN  26  U.S.C. § 529 OR ANY OTHER
 APPLICABLE SECTION OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,  AS
 DETERMINED  BY  THE  COMPTROLLER  IN  HIS  OR  HER SOLE DISCRETION. SUCH
 ARRANGEMENTS MUST INCLUDE PLANS THAT ALLOW AN  ACCOUNT  OWNER  TO  ENTER
 INTO  CONTRACTS  IN WHICH HE OR SHE CAN PURCHASE TUITION IN INSTALLMENTS
 EQUAL TO THE COST OF SEMESTERS AS A FULL  TIME  STUDENT,  BUT  CAN  ALSO
 INCLUDE  PLANS  THAT  WOULD  ALLOW  FOR  THE  PRE-PAYMENT OF TUITION FOR
 TUITION CREDIT HOURS;
   C. ENGAGE THE SERVICES OF CONSULTANTS ON A CONTRACT BASIS FOR  RENDER-
 ING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   D.  SEEK  RULINGS AND OTHER GUIDANCE FROM THE UNITED STATES DEPARTMENT
 OF TREASURY AND THE INTERNAL REVENUE SERVICE RELATING TO THE PROGRAM;
   E. MAKE CHANGES TO THE PLAN REQUIRED FOR THE  PARTICIPANTS  TO  OBTAIN
 THE  FEDERAL INCOME TAX BENEFITS OR TREATMENT PROVIDED BY SECTION 529 OF
 THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR ANY SIMILAR  SUCCESSOR
 LEGISLATION;
   F.  CHARGE, IMPOSE AND COLLECT ADMINISTRATIVE FEES AND SERVICE CHARGES
 IN CONNECTION WITH ANY AGREEMENT, CONTRACT OR  TRANSACTION  RELATING  TO
 THE PLAN;
   G. DEVELOP MARKETING PLANS AND PROMOTION MATERIAL;
   H.  ESTABLISH  THE METHODS BY WHICH THE FUNDS HELD IN SUCH ACCOUNTS BE
 DISBURSED;
   I. ESTABLISH THE METHOD BY WHICH FUNDS SHALL BE ALLOCATED TO  PAY  FOR
 ADMINISTRATIVE COSTS; AND
   J.  DO  ALL  THINGS  NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF
 THIS SECTION.
   3. PLAN REQUIREMENTS. EVERY PRE-PAID TUITION ACCOUNT SHALL COMPLY WITH
 THE PROVISIONS OF THIS SECTION.
   A. A PRE-PAID TUITION ACCOUNT MAY BE OPENED BY ANY PERSON WHO  DESIRES
 TO  ENTER  INTO  A  CONTRACT  FOR  PRE-PAYMENT OF TUITION EXPENSES AT AN
 INSTITUTION OF THE STATE UNIVERSITY, THE CITY UNIVERSITY OR ANY  PARTIC-
 IPATING ELIGIBLE EDUCATIONAL INSTITUTION. AN ACCOUNT OWNER MAY DESIGNATE
 ANOTHER  PERSON  AS  SUCCESSOR  OWNER OF THE ACCOUNT IN THE EVENT OF THE
 DEATH OF THE ORIGINAL ACCOUNT OWNER. SUCH PERSON WHO OPENS AN ACCOUNT OR
 ANY SUCCESSOR OWNER SHALL BE CONSIDERED THE ACCOUNT OWNER.
   B. AN APPLICATION FOR SUCH ACCOUNT SHALL BE IN THE FORM PRESCRIBED  BY
 THE COMPTROLLER AND CONTAIN THE FOLLOWING:
   (I) THE NAME, ADDRESS AND SOCIAL SECURITY NUMBER OR EMPLOYER IDENTIFI-
 CATION NUMBER OF THE ACCOUNT OWNER;

 S. 2006--B                         118
 
   (II) THE DESIGNATION OF A DESIGNATED BENEFICIARY;
   (III)  THE  NAME, ADDRESS AND SOCIAL SECURITY NUMBER OF THE DESIGNATED
 BENEFICIARY; AND
   (IV) SUCH OTHER INFORMATION AS THE COMPTROLLER MAY REQUIRE.
   C. THE COMPTROLLER MAY ESTABLISH A NOMINAL FEE FOR SUCH APPLICATION.
   D. ANY PERSON, INCLUDING THE ACCOUNT OWNER, MAY MAKE CONTRIBUTIONS  TO
 AN ACCOUNT AFTER THE ACCOUNT IS OPENED.
   E. CONTRIBUTIONS TO ACCOUNTS MAY BE MADE ONLY IN CASH.
   F.  FOUR  YEARS  MUST  ELAPSE  BETWEEN THE ESTABLISHMENT OF A PRE-PAID
 TUITION ACCOUNT AND THE TIME THE FIRST QUALIFIED WITHDRAWAL IS MADE  FOR
 THE PAYMENT OF TUITION EXPENSES.
   G.  AN  ACCOUNT  OWNER MAY WITHDRAW ALL OR PART OF THE BALANCE FROM AN
 ACCOUNT ON SIXTY DAYS NOTICE OR SUCH SHORTER PERIOD AS MAY BE AUTHORIZED
 UNDER RULES GOVERNING THE PLAN. SUCH RULES SHALL INCLUDE PROVISIONS THAT
 WILL GENERALLY ENABLE THE DETERMINATION AS TO WHETHER A WITHDRAWAL IS  A
 NONQUALIFIED WITHDRAWAL OR A QUALIFIED WITHDRAWAL.
   H.  AN  ACCOUNT  OWNER  MAY  CHANGE  THE  DESIGNATED BENEFICIARY OF AN
 ACCOUNT TO AN INDIVIDUAL WHO IS A MEMBER OF  THE  FAMILY  OF  THE  PRIOR
 DESIGNATED  BENEFICIARY IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE
 COMPTROLLER.
   I. AN ACCOUNT OWNER MAY TRANSFER ALL OR A PORTION  OF  AN  ACCOUNT  TO
 ANOTHER FAMILY TUITION ACCOUNT, THE SUBSEQUENT DESIGNATED BENEFICIARY OF
 WHICH  IS A MEMBER OF THE FAMILY AS DEFINED IN SECTION 529 OF THE INTER-
 NAL REVENUE CODE OF 1986, AS AMENDED.
   J. THE PLAN SHALL PROVIDE  SEPARATE  ACCOUNTING  FOR  EACH  DESIGNATED
 BENEFICIARY.
   K.  NO ACCOUNT OWNER OR DESIGNATED BENEFICIARY OF ANY ACCOUNT SHALL BE
 PERMITTED TO DIRECT THE INVESTMENT OF ANY CONTRIBUTIONS TO AN ACCOUNT OR
 THE EARNINGS THEREON.
   L. NEITHER AN ACCOUNT OWNER NOR A DESIGNATED BENEFICIARY SHALL USE  AN
 INTEREST IN AN ACCOUNT AS SECURITY FOR A LOAN. ANY PLEDGE OF AN INTEREST
 IN AN ACCOUNT SHALL BE OF NO FORCE AND EFFECT.
   M.  (I) IF THERE IS ANY DISTRIBUTION FROM AN ACCOUNT TO ANY INDIVIDUAL
 OR FOR THE BENEFIT OF  ANY  INDIVIDUAL  DURING  A  CALENDAR  YEAR,  SUCH
 DISTRIBUTION  SHALL  BE REPORTED TO THE INTERNAL REVENUE SERVICE AND THE
 ACCOUNT OWNER, THE DESIGNATED BENEFICIARY  OR  THE  DISTRIBUTEE  TO  THE
 EXTENT REQUIRED BY FEDERAL LAW OR REGULATION.
   (II)  STATEMENTS SHALL BE PROVIDED TO EACH ACCOUNT OWNER AT LEAST ONCE
 EACH YEAR WITHIN SIXTY DAYS AFTER THE END OF THE TWELVE MONTH PERIOD  TO
 WHICH  THEY  RELATE. THE STATEMENT SHALL IDENTIFY THE CONTRIBUTIONS MADE
 DURING A PRECEDING TWELVE MONTH PERIOD, THE TOTAL CONTRIBUTIONS MADE  TO
 THE  ACCOUNT  THROUGH THE END OF THE PERIOD, THE VALUE OF THE ACCOUNT AT
 THE END OF SUCH PERIOD, DISTRIBUTIONS MADE DURING SUCH  PERIOD  AND  ANY
 OTHER  INFORMATION  THAT THE COMPTROLLER SHALL REQUIRE TO BE REPORTED TO
 THE ACCOUNT OWNER.
   (III)  STATEMENTS  AND  INFORMATION  RELATING  TO  ACCOUNTS  SHALL  BE
 PREPARED AND FILED TO THE EXTENT REQUIRED BY FEDERAL AND STATE TAX LAW.
   N.  (I)  A  LOCAL  GOVERNMENT  OR  ORGANIZATION  DESCRIBED  IN SECTION
 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, MAY OPEN AND
 BECOME THE ACCOUNT OWNER OF AN ACCOUNT TO FUND SCHOLARSHIPS FOR  PERSONS
 WHOSE IDENTITY WILL BE DETERMINED UPON DISBURSEMENT.
   (II) IN THE CASE OF ANY ACCOUNT OPENED PURSUANT TO PARAGRAPH A OF THIS
 SUBDIVISION  THE REQUIREMENT SET FORTH IN THIS SUBDIVISION THAT A DESIG-
 NATED BENEFICIARY BE DESIGNATED WHEN AN  ACCOUNT  IS  OPENED  SHALL  NOT
 APPLY  AND EACH INDIVIDUAL WHO RECEIVES AN INTEREST IN SUCH ACCOUNT AS A

 S. 2006--B                         119
 
 SCHOLARSHIP SHALL BE TREATED AS A DESIGNATED BENEFICIARY WITH RESPECT TO
 SUCH INTEREST.
   O. AN ANNUAL FEE MAY BE IMPOSED UPON THE ACCOUNT OWNER FOR THE MAINTE-
 NANCE OF THE ACCOUNT.
   P.  THE  PLAN  SHALL  DISCLOSE THE FOLLOWING INFORMATION IN WRITING TO
 EACH ACCOUNT OWNER AND PROSPECTIVE ACCOUNT OWNER OF A  PRE-PAID  TUITION
 ACCOUNT:
   (I)  THE  TERMS  AND  CONDITIONS  FOR  PURCHASING  A  PRE-PAID TUITION
 ACCOUNT;
   (II) ANY RESTRICTIONS ON THE SUBSTITUTION OF BENEFICIARIES;
   (III) THE PERSON OR ENTITY ENTITLED TO TERMINATE THE TUITION  PRE-PAY-
 MENT AGREEMENT;
   (IV)  THE  PERIOD OF TIME DURING WHICH A BENEFICIARY MAY RECEIVE BENE-
 FITS UNDER THE TUITION PRE-PAYMENT AGREEMENT;
   (V) THE TERMS AND CONDITIONS  UNDER  WHICH  MONEY  MAY  BE  WHOLLY  OR
 PARTIALLY  WITHDRAWN  FROM  THE PLAN, INCLUDING, BUT NOT LIMITED TO, ANY
 REASONABLE CHARGES AND FEES THAT MAY BE IMPOSED FOR WITHDRAWAL;
   (VI) THE PROBABLE TAX CONSEQUENCES ASSOCIATED  WITH  CONTRIBUTIONS  TO
 AND DISTRIBUTIONS FROM ACCOUNTS; AND
   (VII)  ALL  OTHER  RIGHT  AND OBLIGATIONS PURSUANT TO PRE-PAID TUITION
 AGREEMENTS, AND ANY OTHER TERMS, CONDITIONS AND PROVISIONS DEEMED NECES-
 SARY AND APPROPRIATE BY THE COMPTROLLER PURSUANT TO THIS SUBDIVISION.
   Q. PRE-PAID TUITION SAVINGS AGREEMENTS SHALL  BE  SUBJECT  TO  SECTION
 FOURTEEN-C  OF  THE  BANKING  LAW AND THE "TRUTH-IN-SAVINGS" REGULATIONS
 PROMULGATED THEREUNDER.
   R. NOTHING IN THIS ARTICLE OR IN ANY PRE-PAID TUITION  SAVINGS  AGREE-
 MENT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL BE CONSTRUED AS A GUAR-
 ANTEE BY THE STATE OR ANY COLLEGE THAT A BENEFICIARY WILL BE ADMITTED TO
 A COLLEGE OR UNIVERSITY, OR, UPON ADMISSION TO A COLLEGE WILL BE PERMIT-
 TED  TO  CONTINUE  TO  ATTEND OR WILL RECEIVE A DEGREE FROM A COLLEGE OR
 UNIVERSITY.
   4. STATE GUARANTEE. A. NOTHING IN THIS SECTION SHALL ESTABLISH  OR  BE
 DEEMED  TO ESTABLISH ANY OBLIGATION OF THE STATE, THE COMPTROLLER OR ANY
 AGENCY OR INSTRUMENTALITY OF THE STATE TO GUARANTEE ANY BENEFITS TO  ANY
 ACCOUNT OWNER OR DESIGNATED BENEFICIARY.
   B.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 IN ORDER TO ENSURE THAT THE PLAN IS ABLE TO MEET  ITS  OBLIGATIONS,  THE
 GOVERNOR SHALL INCLUDE IN THE BUDGET SUBMITTED PURSUANT TO SECTION TWEN-
 TY-TWO  OF  THE  STATE  FINANCE LAW, AN APPROPRIATION SUFFICIENT FOR THE
 PURPOSE OF ENSURING THAT THE PLAN CAN MEET  ITS  OBLIGATIONS.  ANY  SUMS
 APPROPRIATED  FOR  SUCH  PURPOSE  SHALL  BE TRANSFERRED TO THE PLAN. ALL
 AMOUNTS PAID INTO THE PLAN PURSUANT TO THIS SUBDIVISION SHALL CONSTITUTE
 AND BE ACCOUNTED FOR AS ADVANCES BY THE STATE TO THE PLAN  AND,  SUBJECT
 TO  THE  RIGHTS  OF  THE PLAN'S CONTRACT HOLDERS, SHALL BE REPAID TO THE
 STATE WITHOUT INTEREST FROM AVAILABLE OPERATING REVENUE OF THE  PLAN  IN
 EXCESS  OF  AMOUNTS  REQUIRED  FOR THE PAYMENT OF THE OBLIGATIONS OF THE
 PLAN. AS USED IN THIS SECTION, "OBLIGATIONS OF THE PLAN"  MEANS  AMOUNTS
 REQUIRED  FOR  THE  PAYMENT OF CONTRACT BENEFITS OR OTHER OBLIGATIONS OF
 THE PLAN, THE MAINTENANCE OF THE PLAN, AND OPERATING  EXPENSES  FOR  THE
 CURRENT FISCAL YEAR.
   §  2. The state finance law is amended by adding a new section 78-c to
 read as follows:
   § 78-C. NEW YORK STATE PRE-PAID TUITION PLAN FUND. 1. THERE IS  HEREBY
 ESTABLISHED  IN THE SOLE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND
 TO BE KNOWN AS THE NEW  YORK  STATE  PRE-PAID  TUITION  PLAN  FUND.  ALL

 S. 2006--B                         120
 
 PAYMENTS  FROM  SUCH FUND SHALL BE MADE IN ACCORDANCE WITH SECTION THREE
 HUNDRED FIFTY-FIVE-D OF THE EDUCATION LAW.
   2.  (A) THE COMPTROLLER SHALL INVEST THE ASSETS OF THE FUND IN INVEST-
 MENTS AUTHORIZED BY ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY
 LAW, PROVIDED HOWEVER, THAT:
   (I) THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION  ONE
 HUNDRED  SEVENTY-SEVEN  OF  THE RETIREMENT AND SOCIAL SECURITY LAW SHALL
 NOT APPLY EXCEPT FOR SUBPARAGRAPH  (II)  OF  SUCH  PARAGRAPH;  AND  (II)
 NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  SEVEN  OF SECTION ONE
 HUNDRED SEVENTY-SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW  OR  ANY
 OTHER LAW TO THE CONTRARY, THE ASSETS OF THE FUND MAY BE INVESTED IN ANY
 FUNDING  AGREEMENT  ISSUED IN ACCORDANCE WITH SECTION THREE THOUSAND TWO
 HUNDRED TWENTY-TWO OF THE INSURANCE LAW BY  A  DOMESTIC  LIFE  INSURANCE
 COMPANY  OR  A  FOREIGN  LIFE  INSURANCE  COMPANY DOING BUSINESS IN THIS
 STATE, SUBJECT TO THE FOLLOWING:
   (1) SUCH A FUNDING AGREEMENT MAY PROVIDE FOR A GUARANTEED MINIMUM RATE
 OF RETURN;
   (2) SUCH A FUNDING AGREEMENT MAY BE ALLOCATED  AS  EITHER  A  SEPARATE
 ACCOUNT  OR  A  GENERAL  ACCOUNT  OF  THE ISSUER, AS THE COMPTROLLER MAY
 DECIDE;
   (3) TOTAL INVESTMENTS OF THE FUND PURSUANT TO THIS  PARAGRAPH  IN  ANY
 FUNDING  AGREEMENTS  ISSUED BY A SINGLE LIFE INSURANCE COMPANY WHICH ARE
 ALLOCATED AS A GENERAL ACCOUNT OF THE ISSUER SHALL NOT,  IN  THE  AGGRE-
 GATE, EXCEED THREE HUNDRED FIFTY MILLION DOLLARS; AND
   (4) NO ASSETS OF THE FUND SHALL BE INVESTED IN ANY SUCH FUNDING AGREE-
 MENT  UNLESS, AT THE TIME OF SUCH INVESTMENT, THE GENERAL OBLIGATIONS OR
 FINANCIAL STRENGTH OF THE ISSUER HAVE RECEIVED  EITHER  THE  HIGHEST  OR
 SECOND HIGHEST RATING BY TWO NATIONALLY RECOGNIZED RATING SERVICES OR BY
 ONE NATIONALLY RECOGNIZED RATING SERVICE IN THE EVENT THAT ONLY ONE SUCH
 SERVICE RATES SUCH OBLIGATIONS.
   (B)  FUND  ASSETS  SHALL  BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED
 WITH OTHER ASSETS. THE COMPTROLLER MAY ENTER INTO CONTRACTS  TO  PROVIDE
 FOR  INVESTMENT  ADVICE  AND  MANAGEMENT,  CUSTODIAL  SERVICES AND OTHER
 PROFESSIONAL SERVICES FOR THE ADMINISTRATION AND INVESTMENT OF THE PLAN.
 ADMINISTRATIVE FEES, COSTS AND EXPENSES, INCLUDING INVESTMENT  FEES  AND
 EXPENSES, SHALL BE PAID FROM THE ASSETS OF THE FUND.
   3.  THE  COMPTROLLER SHALL PROVIDE FOR THE ADMINISTRATION OF THE TRUST
 FUND,  INCLUDING  MAINTAINING  PARTICIPANT  RECORDS  AND  ACCOUNTS,  AND
 PROVIDING  ANNUAL  AUDITED  REPORTS.  THE  COMPTROLLER  MAY  ENTER  INTO
 CONTRACTS TO PROVIDE ADMINISTRATIVE SERVICES AND REPORTING.
   § 3. Section 5205 of the civil practice law and rules  is  amended  by
 adding a new subdivision (p) to read as follows:
   (P) EXEMPTION FOR NEW YORK STATE PRE-PAID TUITION PLAN MONIES.  MONIES
 IN  AN ACCOUNT CREATED PURSUANT TO SECTION THREE HUNDRED FIFTY-FIVE-D OF
 THE EDUCATION LAW ARE EXEMPT FROM APPLICATION TO THE SATISFACTION  OF  A
 MONEY JUDGMENT AS FOLLOWS:
   1.  ONE  HUNDRED  PERCENT OF MONIES IN AN ACCOUNT IN CONNECTION WITH A
 PRE-PAID TUITION PLAN ESTABLISHED PURSUANT TO SUCH  ARTICLE  IS  EXEMPT;
 AND
   2.  ONE  HUNDRED  PERCENT  OF MONIES IN AN ACCOUNT IS EXEMPT WHERE THE
 JUDGMENT DEBTOR IS THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY  OF  SUCH
 ACCOUNT.
   FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE TERMS "ACCOUNT OWNER" AND
 "DESIGNATED BENEFICIARY" SHALL HAVE THE MEANINGS  ASCRIBED  TO  THEM  IN
 ARTICLE FOURTEEN-A OF THE EDUCATION LAW.

 S. 2006--B                         121
 
   §  4. Paragraph 34 of subsection (b) of section 612 of the tax law, as
 amended by chapter 535 of the laws of 2000, subparagraph (B) as  amended
 by chapter 593 of the laws of 2003, is amended to read as follows:
   (34)  (A)  Excess  distributions received during the taxable year by a
 distributee of a family tuition account established under the  New  York
 state  college choice tuition savings program provided for under article
 fourteen-A of the education law, OR OF A PRE-PAID TUITION ACCOUNT ESTAB-
 LISHED PURSUANT TO SECTION THREE HUNDRED FIFTY-FIVE-D OF  THE  EDUCATION
 LAW,  to the extent such excess distributions are deemed attributable to
 deductible contributions under paragraph thirty-two of subsection (c) of
 this section.
   (B) (i) The term "excess distributions" means distributions which  are
 not
   (I)  qualified  withdrawals  within the meaning of subdivision nine of
 section six hundred ninety-five-b OR PARAGRAPH L OF SUBDIVISION  ONE  OF
 SECTION THREE HUNDRED FIFTY-FIVE-D of the education law;
   (II)  withdrawals  made  as a result of the death or disability of the
 designated beneficiary within the meaning of subdivision ten of  section
 six  hundred  ninety-five-b OR PARAGRAPH I OF SUBDIVISION ONE OF SECTION
 THREE HUNDRED FIFTY-FIVE-D of such law; or
   (III) transfers described in paragraph b of subdivision six of section
 six hundred ninety-five-e of such law.
   (ii) Excess distributions shall be deemed attributable  to  deductible
 contributions  to the extent the amount of any such excess distribution,
 when added to  all  previous  excess  distributions  from  the  account,
 exceeds the aggregate of all nondeductible contributions to the account.
   §  5. Paragraphs 32 and 33 of subsection (c) of section 612 of the tax
 law, paragraph 32 as amended by chapter 81 of the laws of 2008 and para-
 graph 33 as added by chapter 546 of the laws of  1997,  are  amended  to
 read as follows:
   (32) Contributions made during the taxable year by an account owner to
 one or more family tuition accounts established under the New York state
 college  choice tuition savings program provided for under article four-
 teen-A, OR TO A PRE-PAID  TUITION  ACCOUNT  PURSUANT  TO  SECTION  THREE
 HUNDRED  FIFTY-FIVE-D of the education law, to the extent not deductible
 or eligible for credit for federal income tax purposes, provided, howev-
 er, the exclusion provided for in this paragraph shall not exceed [five]
 TEN thousand dollars for an individual or head  of  household,  and  for
 married couples who file joint tax returns, shall not exceed [ten] TWEN-
 TY  thousand  dollars;  provided,  further, that such exclusion shall be
 available only to the account owner and not to any other person.
   (33) Distributions from a family tuition account established under the
 New York state college choice tuition savings program provided for under
 article fourteen-A, OR FROM  A  PRE-PAID  TUITION  ACCOUNT  PURSUANT  TO
 SECTION  THREE  HUNDRED FIFTY-FIVE-D of the education law, to the extent
 includible in gross income for federal income tax purposes.
   § 6. This act shall take effect immediately and shall apply to taxable
 years commencing after December 31, 2017.
 
                                  PART X
 
   Section 1. There is hereby established the private student loan  refi-
 nance task force. The purpose of such task force is to study and analyze
 ways  lending  institutions that offer private student loans to New York
 graduates of institutions of higher education can  be  incentivized  and
 encouraged to create student loan refinance programs.

 S. 2006--B                         122
 
   § 2. The private student loan refinance task force shall consist of 11
 members and shall include: the state comptroller or his or her designee,
 the  superintendent  of  financial  services or his or her designee, the
 president of the higher education services corporation  or  his  or  her
 designee,  the  chairs  and  ranking  minority members of the senate and
 assembly committees on  higher  education  or  their  designees,  and  4
 members  appointed by the governor from lending institutions in New York
 that offer private student loans. All appointments  of  members  of  the
 private  student  loan  refinance task force shall be made no later than
 thirty days after the effective date of this act.
   § 3. The president of the higher education services corporation  shall
 be  designated  as the chairperson of the private student loan refinance
 task force. The members of the private student loan refinance task force
 shall serve without compensation, except that members shall  be  allowed
 their necessary and actual expenses incurred in the performance of their
 duties under this act.
   §  4.  The  private  student  loan  refinance task force shall issue a
 report of its findings and recommendations to the governor,  the  tempo-
 rary  president  of  the senate and the speaker of the assembly no later
 than December 31, 2017.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2018.
 
                                  PART Y
 
   Section 1. Section 355 of the education law is amended by adding a new
 subdivision 20 to read as follows:
   20.  COLLEGE  ROOM  AND  BOARD PRICE DISCLOSURE. THE BOARD OF TRUSTEES
 SHALL DIRECT EACH COLLEGE PRESIDENT TO DISCLOSE TO  THE  CHANCELLOR  AND
 THE  CHAIRS OF THE SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES ANNU-
 ALLY, AND SUNY CENTRAL ADMINISTRATION SHALL POST ON ITS WEBSITE  ANNUAL-
 LY, ABOUT:
   A. THE COMPETITIVE PROCESS FOR ANY DORMITORY FACILITIES CONSTRUCTED ON
 THE CAMPUS;
   B. THE ACTUAL COST FOR FULL CONSTRUCTION OF EACH DORMITORY FACILITY ON
 CAMPUS;
   C.  THE  AMOUNT  OF  STUDENTS  HOUSED  IN  EACH BUILDING FOR THE PRIOR
 ACADEMIC YEAR;
   D. THE AMOUNT CHARGED FOR ROOM AND BOARD PER STUDENT IN THE PAST  FIVE
 ACADEMIC YEARS;
   E.  HOW MANY YEARS STUDENTS ARE REQUIRED TO LIVE IN CAMPUS HOUSING, IF
 APPLICABLE;
   F. THE BREAKDOWN OF HOW THE COST CHARGED  TO  STUDENTS  FOR  ROOM  AND
 BOARD IS SPENT FOR MAINTENANCE, UTILITY COSTS AND OTHER COSTS ASSOCIATED
 WITH MAINTENANCE OF THE FACILITIES, IF ANY;
   G.  THE STUDENT CAPACITY FOR DIFFERENT DORMITORY ROOMS, THE JUSTIFICA-
 TION FOR PUTTING MORE STUDENTS THAN THE ALLOCATED CAPACITY PER DORMITORY
 ROOM, AND IF A STUDENT RECEIVES A DISCOUNT IF PUT IN A  ROOM  ABOVE  THE
 ALLOCATED CAPACITY, IF ANY;
   H.  THE  LOWEST PROJECTED COST PER STUDENT FOR ROOM AND BOARD FEES PER
 YEAR; AND
   I. JUSTIFICATION FOR ANY INCREASES FOR  THE  UPCOMING  ACADEMIC  YEAR,
 INCLUDING BUT NOT LIMITED TO:
           (1) RISING UTILITY COSTS; AND
           (2) COSTS OF REPAIR.

 S. 2006--B                         123
 
   §  2.  Section  6206  of  the education law is amended by adding a new
 subdivision 19 to read as follows:
   19.  COLLEGE  ROOM  AND  BOARD PRICE DISCLOSURE. THE BOARD OF TRUSTEES
 SHALL DIRECT EACH COLLEGE PRESIDENT TO DISCLOSE TO  THE  CHANCELLOR  AND
 THE  CHAIRS OF THE SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES ANNU-
 ALLY, AND CUNY CENTRAL ADMINISTRATION SHALL POST ON ITS WEBSITE  ANNUAL-
 LY, ABOUT:
   A. THE COMPETITIVE PROCESS FOR ANY DORMITORY FACILITIES CONSTRUCTED ON
 THE CAMPUS;
   B.  THE  ACTUAL COSTS FOR FULL CONSTRUCTION OF EACH DORMITORY FACILITY
 ON CAMPUS;
   C. THE AMOUNT OF STUDENTS  HOUSED  IN  EACH  BUILDING  FOR  THE  PRIOR
 ACADEMIC YEAR;
   D.  THE AMOUNT CHARGED FOR ROOM AND BOARD PER STUDENT IN THE PAST FIVE
 ACADEMIC YEARS;
   E. HOW MANY YEARS STUDENTS ARE REQUIRED TO LIVE IN CAMPUS HOUSING,  IF
 APPLICABLE;
   F.  THE  BREAKDOWN  OF  HOW  THE COST CHARGED TO STUDENTS FOR ROOM AND
 BOARD IS SPENT FOR MAINTENANCE, UTILITY COSTS AND OTHER COSTS ASSOCIATED
 WITH MAINTENANCE OF THE FACILITIES, IF ANY;
   G. THE STUDENT CAPACITY FOR DIFFERENT DORMITORY ROOMS, THE  JUSTIFICA-
 TION FOR PUTTING MORE STUDENTS THAN THE ALLOCATED CAPACITY PER DORMITORY
 ROOM,  AND  IF  A STUDENT RECEIVES A DISCOUNT IF PUT IN A ROOM ABOVE THE
 ALLOCATED CAPACITY, IF ANY;
   H. THE LOWEST PROJECTED COST PER STUDENT FOR ROOM AND BOARD  FEES  PER
 YEAR; AND
   I.  JUSTIFICATION  FOR  ANY  INCREASES FOR THE UPCOMING ACADEMIC YEAR,
 INCLUDING BUT NOT LIMITED TO:
           (1) RISING UTILITY COSTS; AND
           (2) COSTS OF REPAIR.
   § 3. This act shall take effect immediately;  provided,  however,  the
 annual  report  required  pursuant  to  sections one and two of this act
 shall be furnished on September 1, 2017, and every subsequent  September
 first, thereafter.
 
                                  PART Z
 
   Section  1.  Subdivision  1  of section 669-e of the education law, as
 added by section 1 of part G of chapter 56  of  the  laws  of  2014,  is
 amended to read as follows:
   1.  Undergraduate  students who are matriculated in an approved under-
 graduate program leading to a career in science, technology, engineering
 or mathematics at a New York state [public institution of higher  educa-
 tion]  COLLEGE  AS  DEFINED  IN  SECTION SIX HUNDRED ONE OF THIS CHAPTER
 shall be eligible for an award under this section, provided  the  appli-
 cant:  (a) graduates from a high school located in New York state during
 or after the two thousand thirteen--fourteen school year; and (b) gradu-
 ates within the top ten percent of his or her high school class; and (c)
 enrolls in full-time study each term beginning in the  fall  term  after
 his  or  her high school graduation in an approved undergraduate program
 in science, technology, engineering or mathematics, as  defined  by  the
 corporation,  at  a  New York state [public institution of higher educa-
 tion] COLLEGE AS DEFINED IN SECTION SIX HUNDRED ONE OF THIS CHAPTER; and
 (d) signs a contract with the corporation agreeing that his or her award
 will be converted to a student loan in the event the  student  fails  to
 comply  with  the terms of this program as set forth in subdivision four

 S. 2006--B                         124
 
 of this section; and (e) complies with the applicable provisions of this
 article and all requirements promulgated  by  the  corporation  for  the
 administration of the program.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1. The education law is amended by adding a new section 609-a
 to read as follows:
   § 609-A. COLLEGE AFFORDABILITY PLANNING COMMITTEE  (CAPC).  1.    NON-
 PUBLIC,  NOT-FOR-PROFIT  DEGREE  GRANTING  COLLEGE  PRESIDENTS  SHALL BE
 REQUIRED TO ESTABLISH AN INTERNAL COMMITTEE THAT SHALL  BE  DIRECTED  TO
 CREATE AND IMPLEMENT A SPECIALIZED COLLEGE AFFORDABILITY PLAN THAT TAKES
 INTO  ACCOUNT  THE  SPECIFIC  MISSION,  NEEDS,  GEOGRAPHIC  LOCATION AND
 UNIQUENESS OF EACH SUCH COLLEGE.
   2. EACH CAPC SHALL BE RESPONSIBLE FOR EXAMINING  AFFORDABILITY  INITI-
 ATIVES  WITH  THE  GOAL OF REDUCING STUDENT COSTS, WHICH MAY INCLUDE BUT
 NOT BE  LIMITED  TO:  (A)  TEXT  BOOK  AFFORDABILITY  INCLUDING  DIGITAL
 OPTIONS;  (B)  REDUCING  MINIMUM  MEAL  PLAN COSTS; (C) REDUCING HOUSING
 COSTS THROUGH WAIVERS, HOUSING STIPENDS OR TERMINATING REQUIREMENTS  FOR
 ON-CAMPUS  LIVING; (D) PROVIDING SUBSIDIZED TRANSPORTATION; (E) INCREAS-
 ING FUNDRAISING FOR STUDENT AID INITIATIVES, INCLUDING ENGAGING  PRIVATE
 DONORS  THROUGH MEANS SUCH AS ONLINE PORTALS; (F) INCREASING SCHOLARSHIP
 AID TO VETERANS; (G) PROVIDING MORE ON-CAMPUS OR COMMUNITY JOB  OPPORTU-
 NITIES FOR STUDENTS; AND (H) REDUCING ADMINISTRATIVE COSTS.
   3.  EACH  CAPC  SHALL REPORT ON THE COLLEGE AFFORDABILITY PLANS IMPLE-
 MENTED PURSUANT TO THIS SECTION ON AUGUST FIRST, TWO THOUSAND  EIGHTEEN,
 AND  SHALL  REPORT ADDITIONAL PROGRESS TOWARDS REDUCING COLLEGE COSTS ON
 AUGUST FIRST, TWO THOUSAND NINETEEN. SUCH REPORTS SHALL BE SUBMITTED  TO
 THE CHAIRS OF THE SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES.
   4.  ANY  NON-PUBLIC,  NOT-FOR-PROFIT  DEGREE GRANTING COLLEGE THAT HAS
 ALREADY INSTITUTED COLLEGE AFFORDABILITY MEASURES  CONSISTENT  WITH  THE
 GOALS  OF  THIS SECTION MAY SUBMIT SUCH INFORMATION AND SHALL BE CONSID-
 ERED IN COMPLIANCE WITH THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. Section 355 of the education law is amended by adding a new
 subdivision 20 to read as follows:
   20. STATE UNIVERSITY OF NEW YORK STUDENT TELECOUNSELING NETWORK  (SUNY
 STCN)  PILOT  PROGRAM. A. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY AND SUBJECT TO  APPROPRIATION,  THE
 STATE  UNIVERSITY  OF  NEW  YORK BOARD OF TRUSTEES SHALL CREATE THE SUNY
 STUDENT TELECOUNSELING NETWORK  (SUNY  STCN)  THAT  WOULD  LEVERAGE  THE
 EXISTING  EXPERTISE OF SUNY'S ACADEMIC HEALTH CENTERS, INCLUDING UPSTATE
 MEDICAL CENTER, DOWNSTATE MEDICAL CENTER, STONY BROOK UNIVERSITY AND THE
 UNIVERSITY AT BUFFALO, TO MEET SYSTEM-WIDE NEEDS VIA THE CREATION  OF  A
 SYSTEM OR NETWORK OF TELECOUNSELING. THE BOARD OF TRUSTEES MAY DESIGNATE
 UP  TO  FIVE  CAMPUSES  TO  PARTICIPATE IN THIS PILOT PROGRAM. THE PILOT
 CAMPUSES WOULD COORDINATE WITH THE ACADEMIC  HEALTH  CENTERS  AND  LOCAL
 HEALTHCARE  PROVIDERS  TO  ARRANGE  FOR  MENTAL  HEALTH  AND  COUNSELING
 SERVICES TO BE PROVIDED THROUGH THE TELECOUNSELING NETWORK.
   B. THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK SHALL  SUBMIT  A
 REPORT  TO  THE  GOVERNOR,  THE CHAIRS OF THE SENATE AND ASSEMBLY HIGHER
 EDUCATION COMMITTEES AND THE BOARD OF TRUSTEES NO LATER  THAN  ONE  YEAR

 S. 2006--B                         125
 
 FOLLOWING  THE  DESIGNATION  OF  THE  PILOT  PROGRAMS. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE STATUS OF SUCH PROGRAM,  THE  EFFEC-
 TIVENESS  AND  RESULTS  OF  SUCH  PROGRAM AND RECOMMENDATIONS WHETHER TO
 CONTINUE, EXPAND OR ALTER SUCH PILOT PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  PART CC
 
   Section  1. The private housing finance law is amended by adding a new
 article 28 to read as follows:
                              ARTICLE XXVIII
             MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM
 SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1241. DEFINITIONS.
         1242. MOBILE AND MANUFACTURED HOME REPLACEMENT CONTRACTS.
   § 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
 HEREBY FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A  SERIOUS
 NEED  TO  ELIMINATE OLDER, DILAPIDATED MOBILE AND MANUFACTURED HOMES AND
 REPLACE THEM WITH NEW MANUFACTURED, MODULAR OR SITE-BUILT  HOMES.  OLDER
 MOBILE  OR  MANUFACTURED  HOME  UNITS  WITH RUSTED, LEAKING METAL ROOFS,
 METAL-FRAMED WINDOWS WITH INTERIOR TAKE-OUT STORMS,  AND  METAL  SIDING,
 ARE  THOSE THAT MOST NEED REPLACEMENT. NO MATTER THE AMOUNT OF REHABILI-
 TATION INVESTMENT, THE END RESULT IS UNSATISFACTORY IN TERMS OF  LONGEV-
 ITY,  ENERGY  EFFICIENCY  AND  AFFORDABILITY.  THE LEGISLATURE THEREFORE
 FINDS THAT THE STATE SHOULD ESTABLISH A PROGRAM TO FUND THE  REPLACEMENT
 OF MOBILE OR MANUFACTURED HOMES WITH NEW AFFORDABLE AND ENERGY EFFICIENT
 MANUFACTURED, MODULAR OR SITE-BUILT HOMES.
   § 1241. DEFINITIONS.  FOR  THE  PURPOSES OF THIS ARTICLE THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION  ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   2.  "DILAPIDATED" SHALL MEAN A HOUSING UNIT THAT DOES NOT PROVIDE SAFE
 AND ADEQUATE SHELTER, AND IN ITS PRESENT CONDITION ENDANGERS THE HEALTH,
 SAFETY OR WELL-BEING OF THE OCCUPANTS. SUCH A HOUSING  UNIT  SHALL  HAVE
 ONE  OR  MORE CRITICAL DEFECTS, OR A COMBINATION OF INTERMEDIATE DEFECTS
 IN SUFFICIENT  NUMBER  OR  EXTENT  TO  REQUIRE  CONSIDERABLE  REPAIR  OR
 REBUILDING.  SUCH DEFECTS MAY INVOLVE ORIGINAL CONSTRUCTION, OR THEY MAY
 RESULT FROM CONTINUED NEGLECT OR LACK OF REPAIR OR FROM  SERIOUS  DAMAGE
 TO THE STRUCTURE.
   3.  "ELIGIBLE  APPLICANT"  SHALL  MEAN A UNIT OF LOCAL GOVERNMENT OR A
 NOT-FOR-PROFIT CORPORATION IN EXISTENCE FOR A  PERIOD  OF  ONE  OR  MORE
 YEARS  PRIOR  TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD,
 INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND  HAS  SUBSTAN-
 TIAL EXPERIENCE IN AFFORDABLE HOUSING.
   4.  "ELIGIBLE  PROPERTY" SHALL MEAN A MOBILE OR MANUFACTURED HOME THAT
 IS THE PRIMARY RESIDENCE OF A HOMEOWNER WITH A  TOTAL  HOUSEHOLD  INCOME
 THAT DOES NOT EXCEED EIGHTY PERCENT OF AREA MEDIAN INCOME FOR THE COUNTY
 IN WHICH A PROJECT IS LOCATED AS CALCULATED BY THE UNITED STATES DEPART-
 MENT OF HOUSING AND URBAN DEVELOPMENT.
   5. "MANUFACTURED HOME" SHALL HAVE THE SAME MEANING AS IS SET FORTH FOR
 SUCH  TERM IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECU-
 TIVE LAW.
   6. "MOBILE AND MANUFACTURED HOME  REPLACEMENT  PROGRAM"  OR  "PROGRAM"
 SHALL  MEAN A PROPOSAL BY AN ELIGIBLE APPLICANT FOR THE REPLACEMENT OF A
 DILAPIDATED MOBILE OR MANUFACTURED HOME WITH A NEW MANUFACTURED, MODULAR

 S. 2006--B                         126
 
 OR SITE-BUILT HOME. ALL REPLACEMENT HOMES SHALL BE ENERGY STAR RATED FOR
 ENERGY EFFICIENCY.
   7. "MODULAR HOME" SHALL HAVE THE SAME MEANING AS IS SET FORTH FOR SUCH
 TERM  IN  PARAGRAPH  THIRTY-THREE  OF  SUBDIVISION (B) OF SECTION ELEVEN
 HUNDRED ONE OF THE TAX LAW.
   8. "SITE-BUILT HOME" SHALL MEAN A STRUCTURE BUILT ON-SITE USING BUILD-
 ING MATERIALS DELIVERED TO THE SITE, EVEN IF SOME OF SUCH MATERIALS WERE
 MANUFACTURED, PRODUCED OR ASSEMBLED OFF-SITE SUCH AS, BY WAY OF  EXAMPLE
 AND NOT BY WAY OF LIMITATION, CONCRETE BLOCKS, WINDOWS, DOOR UNITS, WALL
 OR ROOF PANELS, TRUSSES AND DORMERS.
   § 1242. MOBILE AND MANUFACTURED HOME REPLACEMENT CONTRACTS. 1. GRANTS.
 WITHIN  THE LIMIT OF FUNDS AVAILABLE IN THE MOBILE AND MANUFACTURED HOME
 REPLACEMENT PROGRAM, THE CORPORATION IS HEREBY AUTHORIZED TO ENTER  INTO
 CONTRACTS  WITH  ELIGIBLE  APPLICANTS  TO PROVIDE GRANTS, WHICH SHALL BE
 USED TO ESTABLISH PROGRAMS TO PROVIDE ASSISTANCE  TO  ELIGIBLE  PROPERTY
 OWNERS TO REPLACE DILAPIDATED MOBILE OR MANUFACTURED HOMES IN THE STATE.
   2.  PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
 RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND  AWARD  OF  PROJECTS
 PURSUANT  TO  THIS  SECTION  WHICH  SHALL INCLUDE:   ELIGIBILITY, MARKET
 DEMAND, FEASIBILITY AND  FUNDING  CRITERIA;  THE  FUNDING  DETERMINATION
 PROCESS;  SUPERVISION  AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
 ING, BUDGETING AND RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR MODIFICA-
 TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
 ENT WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE  CORPORATION
 SHALL DEEM NECESSARY OR APPROPRIATE.
   3. CONTRACT LIMITATIONS. THE TOTAL CONTRACT PURSUANT TO ANY ONE ELIGI-
 BLE  APPLICANT IN A SPECIFIED REGION SHALL NOT EXCEED FIVE HUNDRED THOU-
 SAND DOLLARS AND THE  CONTRACT  SHALL  PROVIDE  FOR  COMPLETION  OF  THE
 PROGRAM  WITHIN  A  REASONABLE PERIOD, AS SPECIFIED THEREIN, WHICH SHALL
 NOT IN ANY EVENT EXCEED FOUR YEARS FROM  COMMENCEMENT  OF  THE  PROGRAM.
 UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT FOR UP
 TO  AN  ADDITIONAL  ONE YEAR PERIOD FOR GOOD CAUSE SHOWN BY THE ELIGIBLE
 APPLICANT.
   4. PLANNING AND ADMINISTRATIVE COSTS. THE CORPORATION SHALL  AUTHORIZE
 THE  ELIGIBLE  APPLICANT  TO  SPEND  SEVEN  AND  ONE-HALF PERCENT OF THE
 CONTRACT AMOUNT FOR APPROVED PLANNING AND ADMINISTRATIVE  COSTS  ASSOCI-
 ATED WITH ADMINISTERING THE PROGRAM.
   5.  THE  CORPORATION  SHALL  REQUIRE THAT, IN ORDER TO RECEIVE A GRANT
 PURSUANT TO THIS ARTICLE, THE ELIGIBLE  PROPERTY  OWNER  SHALL  HAVE  NO
 LIENS  ON  THE  LAND  AFTER  CLOSING  THE  GRANT OTHER THAN THE NEW HOME
 FINANCING AND CURRENTLY EXISTING MORTGAGE OR MORTGAGES, AND ALL PROPERTY
 TAXES AND INSURANCES MUST BE CURRENT.
   6. ASSISTANCE. FINANCIAL ASSISTANCE TO ELIGIBLE PROPERTY OWNERS  SHALL
 BE  ONE  HUNDRED  PERCENT  GRANTS  IN THE FORM OF DEFERRED PAYMENT LOANS
 (HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS  "DPL").    A  TEN  YEAR
 DECLINING BALANCE LIEN IN THE FORM OF A NOTE AND MORTGAGE, DULY FILED AT
 THE COUNTY CLERK'S OFFICE, WILL BE UTILIZED FOR REPLACEMENT PROJECTS. NO
 INTEREST  OR PAYMENTS WILL BE REQUIRED ON THE DPL UNLESS THE PROPERTY IS
 SOLD OR TRANSFERRED BEFORE THE REGULATORY TERM EXPIRES.  IN  SUCH  CASES
 FUNDS WILL BE RECAPTURED FROM THE PROCEEDS OF THE SALE OF THE HOME, ON A
 DECLINING  BALANCE  BASIS,  UNLESS  AN  INCOME-ELIGIBLE IMMEDIATE FAMILY
 MEMBER ACCEPTS OWNERSHIP OF, AND RESIDES IN THE NEW REPLACEMENT HOME FOR
 THE REMAINDER OF THE REGULATORY TERM.  IN ADDITION THE MOBILE AND  MANU-
 FACTURED HOME REPLACEMENT PROGRAM ESTABLISHED BY THIS ARTICLE SHALL: (A)
 PROVIDE  FUNDS FOR RELOCATION ASSISTANCE TO HOMEOWNERS WHO ARE UNABLE TO
 VOLUNTARILY RELOCATE DURING THE DEMOLITION AND  CONSTRUCTION  PHASES  OF

 S. 2006--B                         127
 
 THE  PROJECT;  (B)  PROVIDE  FUNDING  FOR  THE  COSTS OF DEMOLISHING AND
 DISPOSING OF THE DILAPIDATED HOME; AND (C) COMPLEMENT AND BE IN ADDITION
 TO ANY EXISTING MOBILE HOME REPLACEMENT ESTABLISHED UNDER THE  NEW  YORK
 STATE  HOME  PROGRAM  PURSUANT  TO SECTION ELEVEN HUNDRED SEVENTY-TWO OF
 THIS CHAPTER, OR ANY SUCCESSOR THERETO, AND FUNDED WITH FEDERAL FUNDS.
   7. HOMEOWNERSHIP TRAINING. THE ELIGIBLE PROPERTY OWNER MUST  AGREE  TO
 ATTEND  AN  APPROVED  HOMEOWNERSHIP  TRAINING PROGRAM FOR POST-PURCHASE,
 CREDIT/BUDGET, AND HOME MAINTENANCE COUNSELING AS PART OF  THE  APPLICA-
 TION PROCESS.
   8.  FUNDING  CRITERIA.  THE  TOTAL  PAYMENT  PURSUANT TO ANY ONE GRANT
 CONTRACT SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS AND THE  CONTRACT
 SHALL  PROVIDE FOR COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD,
 AS SPECIFIED THEREIN, NOT TO EXCEED FOUR YEARS.
   9. FUNDING AND ANNUAL REPORT. THE CORPORATION IN ITS  SOLE  DISCRETION
 SHALL  AUTHORIZE ALL FUNDING DECISIONS AND MAKE ALL AWARD ANNOUNCEMENTS.
 THE CORPORATION SHALL, ON OR BEFORE DECEMBER THIRTY-FIRST IN  EACH  YEAR
 SUBMIT  A  REPORT TO THE LEGISLATURE ON THE IMPLEMENTATION OF THIS ARTI-
 CLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,  FOR  EACH  AWARD
 MADE  TO  A  GRANTEE  UNDER  THIS  ARTICLE: A DESCRIPTION OF SUCH AWARD;
 CONTRACT AMOUNT AND CUMULATIVE TOTAL; AND SUCH OTHER INFORMATION AS  THE
 CORPORATION DEEMS PERTINENT.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1. The private housing finance law is amended by adding a new
 article 28 to read as follows:
                              ARTICLE XXVIII
                         NEW YORK STATE FIRST HOME
                              SAVINGS PROGRAM
 SECTION 1250. PROGRAM ESTABLISHED.
         1251. PURPOSES.
         1252. DEFINITIONS.
         1253. FUNCTIONS OF THE COMPTROLLER.
         1254. POWERS OF THE COMPTROLLER.
         1255. PROGRAM REQUIREMENTS; FIRST HOME SAVINGS ACCOUNT.
         1256. PROGRAM LIMITATIONS; FIRST HOME SAVINGS ACCOUNT.
   § 1250. PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED A FIRST  HOME
 SAVINGS  PROGRAM AND SUCH PROGRAM SHALL BE KNOWN AND MAY BE CITED AS THE
 "NEW YORK STATE FIRST HOME SAVINGS PROGRAM".
   § 1251. PURPOSES. THE PURPOSES OF THE PROGRAM SHALL  BE  TO  AUTHORIZE
 THE  ESTABLISHMENT  OF FIRST HOME SAVINGS ACCOUNTS AND TO PROVIDE GUIDE-
 LINES FOR THE MAINTENANCE OF SUCH ACCOUNTS TO:
   1. ENABLE RESIDENTS OF THIS STATE TO BENEFIT FROM  THE  TAX  INCENTIVE
 PROVIDED   FOR   QUALIFIED  STATE  FIRST  HOME  SAVINGS  ACCOUNTS  UNDER
 SUBSECTION (W) OF SECTION SIX HUNDRED TWELVE OF THE TAX LAW; AND
   2. INCENTIVIZE RESIDENTS TO SAVE FOR THE  PURCHASE  OF  A  FIRST  HOME
 WITHIN THE STATE.
   §  1252.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ACCOUNT" OR "FIRST HOME SAVINGS ACCOUNT" SHALL MEAN AN  INDIVIDUAL
 SAVINGS  ACCOUNT  ESTABLISHED  IN ACCORDANCE WITH THE PROVISIONS OF THIS
 ARTICLE FOR THE EXCLUSIVE BENEFIT OF THE  ACCOUNT  OWNER  OR  DESIGNATED
 BENEFICIARY  THAT IS THE FIRST TIME BUYER OF A HOME, TOWNHOME, CONDOMIN-
 IUM OR UNIT IN A COOPERATIVE HOUSING CORPORATION.

 S. 2006--B                         128
 
   2. "ACCOUNT OWNER" SHALL MEAN A TAXPAYER WHO ENTERS INTO A FIRST  HOME
 SAVINGS  AGREEMENT PURSUANT TO THE PROVISIONS OF THIS ARTICLE, INCLUDING
 A PERSON WHO ENTERS INTO SUCH AN AGREEMENT AS A FIDUCIARY  OR  AGENT  ON
 BEHALF  OF  A TRUST, ESTATE, PARTNERSHIP, ASSOCIATION, COMPANY OR CORPO-
 RATION.
   3.  "DESIGNATED BENEFICIARY" SHALL MEAN, WITH RESPECT TO AN ACCOUNT OR
 ACCOUNTS, THE DESIGNATED INDIVIDUAL OR INDIVIDUALS    WHOSE  FIRST  HOME
 PURCHASE EXPENSES ARE EXPECTED TO BE PAID FROM THE ACCOUNT OR ACCOUNTS.
   4.  "FINANCIAL  ORGANIZATION" SHALL MEAN AN ORGANIZATION AUTHORIZED TO
 DO BUSINESS IN THE STATE, AND (A) WHICH IS AN  AUTHORIZED  FIDUCIARY  TO
 ACT  AS A TRUSTEE PURSUANT TO THE PROVISIONS OF AN ACT OF CONGRESS ENTI-
 TLED  "EMPLOYEE  RETIREMENT  INCOME  SECURITY  ACT  OF  1974",  AS  SUCH
 PROVISIONS  MAY  BE  AMENDED FROM TIME TO TIME, OR AN INSURANCE COMPANY;
 AND (B)(I) IS LICENSED OR  CHARTERED  BY  THE  DEPARTMENT  OF  FINANCIAL
 SERVICES,  (II)  IS  CHARTERED  BY  AN AGENCY OF THE FEDERAL GOVERNMENT,
 (III) IS SUBJECT TO THE JURISDICTION AND REGULATION  OF  THE  SECURITIES
 AND  EXCHANGE  COMMISSION  OF  THE FEDERAL GOVERNMENT, (IV) IS ANY OTHER
 ENTITY OTHERWISE AUTHORIZED TO ACT IN THIS STATE AS A  TRUSTEE  PURSUANT
 TO  THE  PROVISIONS  OF AN ACT OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT
 INCOME SECURITY ACT OF 1974", AS SUCH PROVISIONS  MAY  BE  AMENDED  FROM
 TIME  TO TIME, (V) OR ANY BANKING ORGANIZATION AS DEFINED IN SUBDIVISION
 ELEVEN OF SECTION TWO OF THE BANKING LAW, NATIONAL BANKING  ASSOCIATION,
 STATE  CHARTERED  CREDIT  UNION,  FEDERAL  MUTUAL  SAVINGS BANK, FEDERAL
 SAVINGS AND LOAN ASSOCIATION OR FEDERAL CREDIT UNION.
   5. "FIRST TIME HOME BUYER" SHALL MEAN AN  INDIVIDUAL  OR  INDIVIDUALS,
 NEITHER  OF  WHOM  HAS OR HAD AN OWNERSHIP INTEREST IN A PRINCIPAL RESI-
 DENCE AT ANY TIME, INCLUDING RESIDENCES OWNED IN THE  UNITED  STATES  OR
 ABROAD.    NO SUCH PERSON SHALL OWN ANY OTHER HOME INCLUDING VACATION OR
 INVESTMENT RESIDENCES, INCLUDING RESIDENCES OWNED IN THE  UNITED  STATES
 OR  ABROAD,  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION. IF EITHER
 THE INDIVIDUAL OR INDIVIDUALS ARE NOT FIRST TIME  HOME  BUYERS,  NEITHER
 THE  INDIVIDUAL  OR  INDIVIDUALS  SHALL  BE CONSIDERED A FIRST TIME HOME
 BUYER. IF AN INDIVIDUAL'S ONLY POTENTIALLY DISQUALIFYING PRESENT  OWNER-
 SHIP  INTEREST  IS OWNERSHIP OF A MOBILE OR MANUFACTURED HOME, THE INDI-
 VIDUAL SHALL BE CONSIDERED A FIRST TIME HOME BUYER AND SHALL BE ELIGIBLE
 FOR A FIRST HOME ACCOUNT DEDUCTION. FOR THE PURPOSES OF THIS  ARTICLE  A
 "MOBILE  OR  MANUFACTURED HOME" SHALL MEAN A STRUCTURE THAT IS VALUED AS
 PERSONAL PROPERTY AND NOT REAL PROPERTY. IF, DUE TO HIS OR HER OWNERSHIP
 OF A MOBILE OR MANUFACTURED HOME, THE  INDIVIDUAL  HAS  CLAIMED  A  REAL
 ESTATE  TAX OR HOME MORTGAGE DEDUCTION ON HIS OR HER PERSONAL INCOME TAX
 RETURNS, SUCH INDIVIDUAL SHALL NOT BE CONSIDERED A FIRST TIME HOME BUYER
 REGARDLESS OF WHETHER THE MOBILE OF  MANUFACTURED  HOME  WAS  CONSIDERED
 PERSONAL OR REAL PROPERTY.
   6.  "OWNERSHIP  INTEREST"  SHALL  MEAN  A FEE SIMPLE INTEREST, A JOINT
 TENANCY, A TENANCY IN COMMON, A TENANCY BY THE ENTIRETY, THE INTEREST OF
 A TENANT-SHARE HOLDER  IN  A  COOPERATIVE,  A  LIFE  ESTATE  OR  A  LAND
 CONTRACT.  INTERESTS WHICH DO NOT CONSTITUTE OWNERSHIP INTERESTS INCLUDE
 THE FOLLOWING: (A) REMAINDER INTERESTS, (B) A LEASE WITH OR  WITHOUT  AN
 OPTION  TO  PURCHASE,  (C) A MERE EXPECTANCY TO INHERIT AN INTEREST IN A
 RESIDENCE, (D) THE INTEREST THAT A PURCHASER OF A RESIDENCE ACQUIRES  ON
 THE  EXECUTION OF A PURCHASE CONTRACT AND (E) AN INTEREST IN REAL ESTATE
 OTHER THAN A RESIDENCE.
   7. "PROGRAM" SHALL MEAN THE NEW YORK FIRST HOME SAVINGS PROGRAM ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   8. "QUALIFIED FIRST HOME PURCHASE EXPENSES" SHALL MEAN MONIES  APPLIED
 FOR  THE  PURCHASE OR CONSTRUCTION OF A HOUSE, TOWNHOUSE, CONDOMINIUM OR

 S. 2006--B                         129
 
 UNIT IN A COOPERATIVE HOUSING CORPORATION WITHIN THE STATE TO BE USED AS
 A PRIMARY RESIDENCE OF THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY FOR A
 PERIOD OF NOT LESS THAN TWO YEARS AFTER PURCHASE.
   9.  "QUALIFIED  RESIDENTIAL  HOUSING"  SHALL  MEAN A HOUSE, TOWNHOUSE,
 CONDOMINIUM OR UNIT IN A  COOPERATIVE  HOUSING  CORPORATION  WITHIN  THE
 STATE.
   10.  "QUALIFIED WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN ACCOUNT TO
 PAY THE QUALIFIED FIRST HOME PURCHASE EXPENSE OF THE  ACCOUNT  OWNER  OR
 DESIGNATED BENEFICIARY OF THE ACCOUNT.
   11.  "NONQUALIFIED WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN ACCOUNT
 BUT SHALL NOT INCLUDE:
   (A) A QUALIFIED WITHDRAWAL;
   (B) A WITHDRAWAL MADE AS THE RESULT OF DEATH;
   (C) AN UNFORESEEABLE EMERGENCY; OR
   (D) NEED BASED UPON QUALIFYING FOR MILITARY SERVICE IN THE ARMED FORC-
 ES OF THE UNITED STATES AS DETERMINED BY RULES AN REGULATIONS PROMULGAT-
 ED BY THE COMPTROLLER.
   12. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
   13. "MANAGEMENT CONTRACT" SHALL MEAN  THE  CONTRACT  EXECUTED  BY  THE
 COMPTROLLER AND A FINANCIAL ORGANIZATION SELECTED TO ACT AS A DEPOSITORY
 AND MANAGER OF THE PROGRAM.
   14. "FIRST HOME SAVINGS AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN THE
 COMPTROLLER OR A FINANCIAL ORGANIZATION AND THE ACCOUNT OWNER.
   15.  "PROGRAM MANAGER" SHALL MEAN A FINANCIAL ORGANIZATION SELECTED BY
 THE COMPTROLLER TO ACT AS A DEPOSITORY AND MANAGER OF THE PROGRAM.
   16.  "COMMISSIONER"  SHALL  MEAN  THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE.
   § 1253. FUNCTIONS OF THE COMPTROLLER.  1. THE COMPTROLLER SHALL IMPLE-
 MENT  THE  PROGRAM  UNDER  THE  TERMS AND CONDITIONS ESTABLISHED BY THIS
 ARTICLE AND A MEMORANDUM OF UNDERSTANDING WITH THE COMMISSIONER RELATING
 TO ANY TERMS OR CONDITIONS NOT OTHERWISE EXPRESSLY PROVIDED FOR IN  THIS
 ARTICLE.
   2. IN FURTHERANCE OF SUCH IMPLEMENTATION THE COMPTROLLER SHALL:
   (A)  DEVELOP AND IMPLEMENT THE PROGRAM IN A MANNER CONSISTENT WITH THE
 PROVISIONS OF THIS ARTICLE THROUGH RULES AND REGULATIONS ESTABLISHED  IN
 ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT;
   (B) ENGAGE THE SERVICES OF CONSULTANTS ON A CONTRACT BASIS FOR RENDER-
 ING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   (C)  SEEK RULINGS AND OTHER GUIDANCE FROM THE UNITED STATES DEPARTMENT
 OF TREASURY AND THE INTERNAL REVENUE SERVICE RELATING TO THE PROGRAM;
   (D) MAKE CHANGES TO THE PROGRAM REQUIRED FOR THE PARTICIPANTS  IN  THE
 PROGRAM TO OBTAIN THE STATE INCOME TAX BENEFITS OR TREATMENT PROVIDED BY
 THIS ARTICLE;
   (E) CHARGE, IMPOSE AND COLLECT ADMINISTRATIVE FEES AND SERVICE CHARGES
 IN  CONNECTION  WITH  ANY AGREEMENT, CONTRACT OR TRANSACTION RELATING TO
 THE PROGRAM;
   (F) DEVELOP MARKETING PLANS AND PROMOTION MATERIALS;
   (G) ESTABLISH THE METHODS BY WHICH THE FUNDS HELD IN SUCH ACCOUNTS  BE
 DISPERSED;
   (H)  ESTABLISH THE METHOD BY WHICH FUNDS SHALL BE ALLOCATED TO PAY FOR
 ADMINISTRATIVE COSTS; AND
   (I) DO ALL THINGS NECESSARY AND PROPER TO CARRY OUT  THE  PURPOSES  OF
 THIS ARTICLE.
   §  1254.  POWERS  OF THE COMPTROLLER. 1. THE COMPTROLLER MAY IMPLEMENT
 THE PROGRAM THROUGH USE OF FINANCIAL ORGANIZATIONS AS ACCOUNT  DEPOSITO-

 S. 2006--B                         130
 
 RIES  AND  MANAGERS.  UNDER  THE PROGRAM, AN ACCOUNT OWNER MAY ESTABLISH
 ACCOUNTS DIRECTLY WITH AN ACCOUNT DEPOSITORY.
   2.  THE COMPTROLLER MAY SOLICIT PROPOSALS FROM FINANCIAL ORGANIZATIONS
 TO ACT AS DEPOSITORIES AND MANAGERS OF THE PROGRAM. FINANCIAL  ORGANIZA-
 TIONS  SUBMITTING  PROPOSALS  SHALL  DESCRIBE  THE INVESTMENT INSTRUMENT
 WHICH WILL BE HELD IN ACCOUNTS.  THE COMPTROLLER SHALL SELECT AS PROGRAM
 DEPOSITORIES AND MANAGERS THE FINANCIAL  ORGANIZATION,  FROM  AMONG  THE
 BIDDING  FINANCIAL ORGANIZATIONS THAT DEMONSTRATES THE MOST ADVANTAGEOUS
 COMBINATION, BOTH TO POTENTIAL PROGRAM PARTICIPANTS AND THIS  STATE,  OF
 THE FOLLOWING FACTORS:
   (A) FINANCIAL STABILITY AND INTEGRITY OF THE FINANCIAL ORGANIZATION;
   (B) THE SAFETY OF THE INVESTMENT INSTRUMENT BEING OFFERED;
   (C) THE ABILITY OF THE INVESTMENT INSTRUMENT TO TRACK INCREASING COSTS
 OF RESIDENTIAL HOUSING;
   (D) THE ABILITY OF THE FINANCIAL ORGANIZATION TO SATISFY RECORDKEEPING
 AND REPORTING REQUIREMENTS;
   (E)  THE  FINANCIAL  ORGANIZATION'S PLAN FOR PROMOTING THE PROGRAM AND
 THE INVESTMENT IT IS WILLING TO MAKE TO PROMOTE THE PROGRAM;
   (F) THE FEES, IF ANY, PROPOSED TO BE CHARGED TO  PERSONS  FOR  OPENING
 ACCOUNTS;
   (G)  THE  MINIMUM  INITIAL  DEPOSIT AND MINIMUM CONTRIBUTIONS THAT THE
 FINANCIAL ORGANIZATION WILL REQUIRE;
   (H) THE ABILITY OF BANKING ORGANIZATIONS TO  ACCEPT  ELECTRONIC  WITH-
 DRAWALS, INCLUDING PAYROLL DEDUCTION PLANS; AND
   (I)  OTHER  BENEFITS  TO  THE  STATE  OR ITS RESIDENTS INCLUDED IN THE
 PROPOSAL, INCLUDING FEES PAYABLE TO THE STATE TO COVER EXPENSES OF OPER-
 ATION OF THE PROGRAM.
   3. THE COMPTROLLER MAY ENTER INTO A CONTRACT WITH A  FINANCIAL  ORGAN-
 IZATION.  SUCH FINANCIAL ORGANIZATION MANAGEMENT MAY PROVIDE ONE OR MORE
 TYPES OF INVESTMENT INSTRUMENT.
   4. THE COMPTROLLER MAY SELECT MORE THAN ONE FINANCIAL ORGANIZATION FOR
 THE PROGRAM.
   5. A MANAGEMENT CONTRACT SHALL INCLUDE, AT A MINIMUM, TERMS  REQUIRING
 THE FINANCIAL ORGANIZATION TO:
   (A)  TAKE  ANY  ACTION REQUIRED TO KEEP THE PROGRAM IN COMPLIANCE WITH
 REQUIREMENTS OF SECTION TWELVE HUNDRED FIFTY-FIVE OF  THIS  ARTICLE  AND
 ANY ACTIONS NOT CONTRARY TO ITS CONTRACT TO MANAGE THE PROGRAM TO QUALI-
 FY AS A "FIRST HOME SAVINGS ACCOUNT" UNDER SUBSECTION (W) OF SECTION SIX
 HUNDRED TWELVE OF THE TAX LAW;
   (B)  KEEP  ADEQUATE  RECORDS OF EACH ACCOUNT, KEEP EACH ACCOUNT SEGRE-
 GATED FROM EACH OTHER ACCOUNT, AND  PROVIDE  THE  COMPTROLLER  WITH  THE
 INFORMATION  NECESSARY  TO  PREPARE  THE  STATEMENTS REQUIRED BY SECTION
 TWELVE HUNDRED FIFTY-FIVE OF THIS ARTICLE;
   (C) COMPILE AND TOTAL INFORMATION CONTAINED IN STATEMENTS REQUIRED  TO
 BE  PREPARED UNDER SECTION TWELVE HUNDRED FIFTY-FIVE OF THIS ARTICLE AND
 PROVIDE SUCH COMPILATIONS TO THE COMPTROLLER;
   (D) IF THERE IS MORE THAN ONE PROGRAM MANAGER, PROVIDE THE COMPTROLLER
 WITH SUCH INFORMATION NECESSARY TO  DETERMINE  COMPLIANCE  WITH  SECTION
 TWELVE HUNDRED FIFTY-FIVE OF THIS ARTICLE;
   (E)  PROVIDE  THE  COMPTROLLER OR HIS DESIGNEE ACCESS TO THE BOOKS AND
 RECORDS OF THE PROGRAM MANAGER TO THE EXTENT NEEDED TO DETERMINE COMPLI-
 ANCE WITH THE CONTRACT;
   (F) HOLD ALL ACCOUNTS FOR THE BENEFIT OF THE ACCOUNT OWNER;
   (G) BE AUDITED AT  LEAST  ANNUALLY  BY  A  FIRM  OF  CERTIFIED  PUBLIC
 ACCOUNTANTS SELECTED BY THE PROGRAM MANAGER AND THAT THE RESULTS OF SUCH
 AUDIT BE PROVIDED TO THE COMPTROLLER;

 S. 2006--B                         131
 
   (H)  PROVIDE THE COMPTROLLER WITH COPIES OF ALL REGULATORY FILINGS AND
 REPORTS MADE BY IT DURING THE TERM OF THE MANAGEMENT CONTRACT  OR  WHILE
 IT  IS  HOLDING ANY ACCOUNTS, OTHER THAN CONFIDENTIAL FILINGS OR REPORTS
 THAT WILL NOT BECOME PART OF THE PROGRAM. THE PROGRAM MANAGER SHALL MAKE
 AVAILABLE  FOR  REVIEW  BY  THE  COMPTROLLER THE RESULTS OF ANY PERIODIC
 EXAMINATION OF SUCH MANAGER BY ANY STATE OR FEDERAL  BANKING,  INSURANCE
 OR  SECURITIES  COMMISSION,  EXCEPT  TO  THE  EXTENT THAT SUCH REPORT OR
 REPORTS MAY NOT BE DISCLOSED UNDER APPLICABLE LAW OR THE RULES  OF  SUCH
 COMMISSION; AND
   (I)  ENSURE THAT ANY DESCRIPTION OF THE PROGRAM, WHETHER IN WRITING OR
 THROUGH THE USE OF ANY MEDIA, IS CONSISTENT WITH THE MARKETING  PLAN  AS
 DEVELOPED  PURSUANT  TO  THE PROVISIONS OF SECTION TWELVE HUNDRED FIFTY-
 THREE OF THIS ARTICLE.
   6. THE COMPTROLLER MAY PROVIDE THAT AN AUDIT SHALL BE CONDUCTED OF THE
 OPERATIONS AND FINANCIAL POSITION OF THE PROGRAM DEPOSITORY AND  MANAGER
 AT  ANY TIME IF THE COMPTROLLER HAS ANY REASON TO BE CONCERNED ABOUT THE
 FINANCIAL POSITION,  THE  RECORDKEEPING  PRACTICES,  OR  THE  STATUS  OF
 ACCOUNTS OF SUCH PROGRAM DEPOSITORY AND MANAGER.
   7.  DURING  THE TERM OF ANY CONTRACT WITH A PROGRAM MANAGER, THE COMP-
 TROLLER SHALL CONDUCT AN EXAMINATION OF SUCH MANAGER AND ITS HANDLING OF
 ACCOUNTS. SUCH EXAMINATION SHALL BE CONDUCTED  AT  LEAST  BIENNIALLY  IF
 SUCH  MANAGER  IS  NOT  OTHERWISE SUBJECT TO PERIODIC EXAMINATION BY THE
 SUPERINTENDENT OF FINANCIAL  SERVICES,  THE  FEDERAL  DEPOSIT  INSURANCE
 CORPORATION OR OTHER SIMILAR ENTITY.
   8.  (A)  IF SELECTION OF A FINANCIAL ORGANIZATION AS A PROGRAM MANAGER
 OR DEPOSITORY IS NOT RENEWED, AFTER THE END OF ITS TERM:
   (I) ACCOUNTS PREVIOUSLY ESTABLISHED AND HELD IN INVESTMENT INSTRUMENTS
 AT SUCH FINANCIAL ORGANIZATION MAY BE TERMINATED;
   (II) ADDITIONAL CONTRIBUTIONS MAY BE MADE TO SUCH ACCOUNTS;
   (III) NO NEW ACCOUNTS MAY BE PLACED WITH SUCH FINANCIAL  ORGANIZATION;
 AND
   (IV) EXISTING ACCOUNTS HELD BY SUCH DEPOSITORY SHALL REMAIN SUBJECT TO
 ALL OVERSIGHT AND REPORTING REQUIREMENTS ESTABLISHED BY THE COMPTROLLER.
   (B)  IF  THE  COMPTROLLER  TERMINATES  A  FINANCIAL  ORGANIZATION AS A
 PROGRAM MANAGER OR DEPOSITORY, HE OR SHE SHALL TAKE CUSTODY OF  ACCOUNTS
 HELD  BY SUCH FINANCIAL ORGANIZATION AND SHALL SEEK TO PROMPTLY TRANSFER
 SUCH ACCOUNTS TO ANOTHER FINANCIAL ORGANIZATION THAT IS  SELECTED  AS  A
 PROGRAM MANAGER OR DEPOSITORY AND INTO INVESTMENT INSTRUMENTS AS SIMILAR
 TO THE ORIGINAL INSTRUMENTS AS POSSIBLE.
   9. THE COMPTROLLER MAY ENTER INTO SUCH CONTRACTS AS IT DEEMS NECESSARY
 AND PROPER FOR THE IMPLEMENTATION OF THE PROGRAM.
   §  1255.  PROGRAM  REQUIREMENTS;  FIRST HOME SAVINGS ACCOUNT. 1. FIRST
 HOME SAVINGS ACCOUNTS ESTABLISHED PURSUANT TO  THE  PROVISIONS  OF  THIS
 ARTICLE SHALL BE GOVERNED BY THE PROVISIONS OF THIS SECTION.
   2.  A  FIRST  HOME  SAVINGS  ACCOUNT  MAY  BE OPENED BY ANY PERSON WHO
 DESIRES TO SAVE MONEY FOR  THE  PAYMENT  OF  THE  QUALIFIED  FIRST  HOME
 PURCHASE  EXPENSES  OF  THE  ACCOUNT OWNER OR DESIGNATED BENEFICIARY. AN
 ACCOUNT OWNER MAY DESIGNATE ANOTHER PERSON AS  SUCCESSOR  OWNER  OF  THE
 ACCOUNT  IN  THE  EVENT OF THE DEATH OF THE ORIGINAL ACCOUNT OWNER. SUCH
 PERSON WHO OPENS AN ACCOUNT OR ANY SUCCESSOR OWNER SHALL  BE  CONSIDERED
 THE ACCOUNT OWNER.
   (A) AN APPLICATION FOR SUCH ACCOUNT SHALL BE IN THE FORM PRESCRIBED BY
 THE PROGRAM AND CONTAIN THE FOLLOWING:
   (I) THE NAME, ADDRESS AND SOCIAL SECURITY NUMBER OR EMPLOYER IDENTIFI-
 CATION NUMBER OF THE ACCOUNT OWNER;
   (II) THE DESIGNATION OF A DESIGNATED BENEFICIARY;

 S. 2006--B                         132
 
   (III)  THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF THE DESIGNATED
 BENEFICIARY; AND
   (IV) SUCH OTHER INFORMATION AS THE PROGRAM MAY REQUIRE.
   (B)  THE  COMPTROLLER  AND THE CORPORATION MAY ESTABLISH A NOMINAL FEE
 FOR SUCH APPLICATION.
   3. ANY PERSON, INCLUDING THE ACCOUNT OWNER, MAY MAKE CONTRIBUTIONS  TO
 THE ACCOUNT AFTER THE ACCOUNT IS OPENED.
   4. CONTRIBUTIONS TO ACCOUNTS MAY BE MADE ONLY IN CASH.
   5.  AN  ACCOUNT  OWNER MAY WITHDRAW ALL OR PART OF THE BALANCE FROM AN
 ACCOUNT AS AUTHORIZED UNDER RULES  GOVERNING  THE  PROGRAM.  SUCH  RULES
 SHALL INCLUDE PROVISIONS THAT WILL GENERALLY ENABLE THE DETERMINATION AS
 TO  WHETHER  A  WITHDRAWAL  IS  A NONQUALIFIED WITHDRAWAL OR A QUALIFIED
 WITHDRAWAL.
   6. (A) AN ACCOUNT OWNER MAY CHANGE THE DESIGNATED  BENEFICIARY  OF  AN
 ACCOUNT  IN  ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE MEMORANDUM OF
 UNDERSTATING PURSUANT  TO  THE  PROVISIONS  OF  SECTION  TWELVE  HUNDRED
 FIFTY-THREE OF THIS ARTICLE.
   (B)  AN  ACCOUNT  OWNER MAY TRANSFER ALL OR A PORTION OF AN ACCOUNT TO
 ANOTHER FIRST HOME SAVINGS ACCOUNT.
   (C) CHANGES IN  DESIGNATED  BENEFICIARIES  AND  TRANSFERS  UNDER  THIS
 SUBDIVISION  SHALL  NOT BE PERMITTED TO THE EXTENT THAT THEY WOULD CAUSE
 ALL ACCOUNTS FOR THE SAME BENEFICIARY TO EXCEED THE PERMITTED  AGGREGATE
 MAXIMUM ACCOUNT BALANCE.
   7.  THE  PROGRAM SHALL PROVIDE SEPARATE ACCOUNTING FOR EACH DESIGNATED
 BENEFICIARY.
   8. NO ACCOUNT OWNER OR DESIGNATED BENEFICIARY OF ANY ACCOUNT SHALL  BE
 PERMITTED TO DIRECT THE INVESTMENT OF ANY CONTRIBUTIONS TO AN ACCOUNT OR
 THE EARNINGS THEREON MORE THAN TWO TIMES IN ANY CALENDAR YEAR.
   9.  NEITHER  AN  ACCOUNT OWNER NOR A DESIGNATED BENEFICIARY MAY USE AN
 INTEREST IN AN ACCOUNT AS SECURITY FOR A LOAN. ANY PLEDGE OF AN INTEREST
 IN AN ACCOUNT SHALL BE OF NO FORCE AND EFFECT.
   10. THE COMPTROLLER SHALL PROMULGATE RULES OR REGULATIONS  TO  PREVENT
 CONTRIBUTIONS  ON  BEHALF  OF  A  DESIGNATED BENEFICIARY IN EXCESS OF AN
 AMOUNT THAT WOULD CAUSE THE AGGREGATE ACCOUNT BALANCE FOR  ALL  ACCOUNTS
 FOR  A  DESIGNATED  BENEFICIARY  TO EXCEED A MAXIMUM ACCOUNT BALANCE, AS
 ESTABLISHED FROM TIME TO TIME BY THE COMPTROLLER.
   11. CONTRIBUTIONS TO A FIRST HOME SAVINGS ACCOUNT SHALL BE LIMITED  TO
 ONE  HUNDRED  THOUSAND  DOLLARS  PER ACCOUNT. THIS AMOUNT SHALL NOT TAKE
 INTO CONSIDERATION ANY GAIN OR LOSS TO THE PRINCIPAL INVESTMENT INTO THE
 ACCOUNT.
   12. IN THE EVENT THAT AN INDIVIDUAL MAKES A "NONQUALIFIED  WITHDRAWAL"
 OF MONIES FROM THE FIRST HOME SAVINGS ACCOUNT SUCH INDIVIDUAL SHALL HAVE
 THE  ENTIRE  ACCOUNT  TAXED,  INCLUDING  ANY  INTEREST, AS THOUGH IT WAS
 INCOME AT THE ACCOUNT OWNER'S FEDERAL TAX RATE  IN  THE  TAX  YEARS  THE
 MONIES WERE WITHDRAWN, AND INCUR AN ADDITIONAL TEN PERCENT STATE PENALTY
 ON  THE  AMOUNT  OF  EARNINGS. IN THE EVENT ACCOUNT OWNERS OR DESIGNATED
 BENEFICIARY DOES NOT USE THE QUALIFIED RESIDENTIAL HOUSING AS A  PRIMARY
 RESIDENCE  FOR A PERIOD OF NOT LESS THAN TWO YEARS AFTER THE PURCHASE OF
 SUCH HOUSING, THE ACCOUNT OWNER SHALL HAVE  THE  ENTIRE  ACCOUNT  TAXED,
 INCLUDING  ANY INTEREST, AS THOUGH IT WAS ORDINARY INCOME AT THE ACCOUNT
 OWNER'S FEDERAL TAX RATE IN THE TAX YEARS THE MONIES WERE WITHDRAWN  AND
 INCUR AN ADDITIONAL TEN PERCENT STATE PENALTY ON THE AMOUNT OF EARNINGS.
 FOR  PURPOSES  OF  THIS  ARTICLE, THE TWO YEAR PERIOD SHALL BEGIN AT THE
 TIME TITLE IS TRANSFERRED TO THE FIRST  TIME  HOME  BUYER.  THE  PENALTY
 SHALL  BE IN ADDITION TO ANY TAXES DUE PURSUANT TO A NON-QUALIFIED WITH-
 DRAWAL FROM A FIRST HOME SAVINGS ACCOUNT.

 S. 2006--B                         133

   13. PENALTIES MAY BE WAIVED BY THE COMMISSIONER IF THE INDIVIDUAL  CAN
 SHOW  PROOF  THAT  THE  REASON  THE INDIVIDUAL DID NOT USE THE QUALIFIED
 RESIDENTIAL HOUSING AS A PRIMARY RESIDENCE FOR A PERIOD OF TWO YEARS  OR
 MORE AFTER THE PURCHASE OR CONSTRUCTION WAS DUE TO EITHER:
   (A)  AN  EMPLOYMENT  RELOCATION  OUTSIDE THE STATE AND SUCH RELOCATION
 REQUIRED THE INDIVIDUAL TO BECOME A RESIDENT OF ANOTHER STATE;
   (B) AN UNFORESEEABLE EMERGENCY;
   (C) AN ABSENCE DUE TO QUALIFYING MILITARY SERVICE; OR
   (D) DEATH.
   FOR PURPOSES OF THIS SUBDIVISION, AN "UNFORESEEABLE  EMERGENCY"  SHALL
 MEAN  A  SEVERE  FINANCIAL  HARDSHIP RESULTING FROM ILLNESS, ACCIDENT OR
 PROPERTY LOSS TO THE ACCOUNT OWNER, OR HIS OR HER  DEPENDENTS  RESULTING
 IN CIRCUMSTANCES BEYOND THEIR CONTROL. THE CIRCUMSTANCES THAT CONSTITUTE
 AN  UNFORESEEABLE  FINANCIAL  EMERGENCY WILL DEPEND ON THE FACTS OF EACH
 CASE, HOWEVER, WITHDRAWAL OF ACCOUNT FUNDS  MAY  NOT  BE  MADE,  WITHOUT
 PENALTY,  TO  THE  EXTENT  THAT  SUCH  HARDSHIP IS OR MAY BE RELIEVED BY
 EITHER:
   (I) REIMBURSEMENT OR COMPENSATION BY INSURANCE OR OTHERWISE; OR
   (II) LIQUIDATION OF THE INDIVIDUAL'S ASSETS TO THE EXTENT  THE  LIQUI-
 DATION OF SUCH ASSETS WOULD NOT ITSELF CAUSE SEVERE FINANCIAL HARDSHIP.
   14.  THE  COMMISSIONER  AND THE COMPTROLLER ARE DIRECTED TO PROMULGATE
 ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF  THIS
 SECTION  AND  ARE  HEREBY  DIRECTED TO ESTABLISH, SUPERVISE AND REGULATE
 FIRST HOME SAVINGS ACCOUNTS AUTHORIZED TO BE CREATED BY THIS SECTION.
   15. (A) IF THERE IS ANY DISTRIBUTION FROM A FIRST HOME SAVINGS ACCOUNT
 TO ANY INDIVIDUAL OR FOR THE BENEFIT OF ANY INDIVIDUAL DURING A CALENDAR
 YEAR, SUCH DISTRIBUTION  SHALL  BE  REPORTED  TO  THE  INTERNAL  REVENUE
 SERVICE  AND  THE  ACCOUNT  OWNER,  THE  DESIGNATED  BENEFICIARY, OR THE
 DISTRIBUTEE TO THE EXTENT REQUIRED BY FEDERAL LAW OR REGULATION.
   (B) STATEMENTS SHALL BE PROVIDED TO EACH ACCOUNT OWNER AT  LEAST  ONCE
 EACH  YEAR WITHIN SIXTY DAYS AFTER THE END OF THE TWELVE MONTH PERIOD TO
 WHICH THEY RELATE. THE STATEMENT SHALL IDENTIFY THE  CONTRIBUTIONS  MADE
 DURING  A PRECEDING TWELVE MONTH PERIOD, THE TOTAL CONTRIBUTIONS MADE TO
 THE ACCOUNT THROUGH THE END OF THE PERIOD, THE VALUE OF THE  ACCOUNT  AT
 THE  END  OF  SUCH PERIOD, DISTRIBUTIONS MADE DURING SUCH PERIOD AND ANY
 OTHER INFORMATION THAT THE COMPTROLLER SHALL REQUIRE TO BE  REPORTED  TO
 THE ACCOUNT OWNER.
   (C)  STATEMENTS AND INFORMATION RELATING TO ACCOUNTS SHALL BE PREPARED
 AND FILED TO THE EXTENT REQUIRED BY FEDERAL AND STATE TAX LAWS.
   16. AN ANNUAL FEE MAY BE IMPOSED UPON THE ACCOUNT OWNER FOR THE  MAIN-
 TENANCE OF THE ACCOUNT.
   17. THE PROGRAM SHALL DISCLOSE THE FOLLOWING INFORMATION IN WRITING TO
 EACH ACCOUNT OWNER OF A FIRST HOME SAVINGS ACCOUNT:
   (A)  THE  TERMS  AND  CONDITIONS FOR ESTABLISHING A FIRST HOME SAVINGS
 ACCOUNT;
   (B) ANY RESTRICTIONS ON THE SUBSTITUTION OF BENEFICIARIES;
   (C) THE PERSON OR ENTITY ENTITLED TO TERMINATE THE FIRST HOME  SAVINGS
 AGREEMENT;
   (D) THE PERIOD OF TIME DURING WHICH A BENEFICIARY MAY RECEIVE BENEFITS
 UNDER THE FIRST HOME SAVINGS AGREEMENT;
   (E)  THE  TERMS  AND  CONDITIONS  UNDER  WHICH  MONEY MAY BE WHOLLY OR
 PARTIALLY WITHDRAWN FROM THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY
 REASONABLE CHARGES AND FEES THAT MAY BE IMPOSED FOR WITHDRAWAL;
   (F) THE PROBABLE TAX CONSEQUENCES ASSOCIATED WITH CONTRIBUTIONS TO AND
 DISTRIBUTIONS FROM ACCOUNTS; AND

 S. 2006--B                         134
 
   (G) ALL OTHER RIGHTS AND OBLIGATIONS PURSUANT TO  FIRST  HOME  SAVINGS
 AGREEMENTS,  AND  ANY  OTHER  TERMS,  CONDITIONS,  AND PROVISIONS DEEMED
 NECESSARY AND APPROPRIATE BY THE TERMS OF THE MEMORANDUM OF  UNDERSTAND-
 ING  ENTERED INTO PURSUANT TO SECTION TWELVE HUNDRED FIFTY-THREE OF THIS
 ARTICLE.
   18.  FIRST  HOME  SAVINGS AGREEMENTS SHALL BE SUBJECT TO SECTION FOUR-
 TEEN-C OF THE BANKING LAW AND THE "TRUTH-IN-SAVINGS" REGULATIONS PROMUL-
 GATED THEREUNDER.
   19. NOTHING IN THIS ARTICLE OR IN ANY  FIRST  HOME  SAVINGS  AGREEMENT
 ENTERED  INTO PURSUANT TO THIS ARTICLE SHALL BE CONSTRUED AS A GUARANTEE
 BY THE STATE THAT THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY WILL QUAL-
 IFY FOR THE PURCHASE OF A HOME.
   20. TO ESTABLISH THAT AN ACCOUNT OWNER OR DESIGNATED BENEFICIARY IS  A
 FIRST  TIME HOME BUYER, THE INDIVIDUAL SHALL COMPLETE A FORM PROMULGATED
 BY THE COMPTROLLER CERTIFYING, UNDER THE PENALTIES OF PERJURY, THAT SUCH
 INDIVIDUAL IS A FIRST TIME HOME BUYER.
   21. AN INDIVIDUAL MUST NOT INTEND TO USE ANY PORTION OF THE REAL PROP-
 ERTY PURCHASED USING THE FIRST HOME SAVINGS ACCOUNT FUNDS IN A TRADE  OR
 BUSINESS,  OR AS A VACATION HOME OR AS AN INVESTMENT, EXCEPT AS AN OWNER
 OCCUPIED MULTIPLE DWELLING WITH NO MORE THAN TWO RENTAL UNITS.
   22. MONIES WITHDRAWN FROM FIRST HOME SAVINGS ACCOUNTS AND ANY INTEREST
 WHICH HAS ACCRUED SHALL NOT BE CONSIDERED  AS  ORDINARY  INCOME  TO  THE
 ACCOUNT  OWNER  FOR  STATE PERSONAL INCOME TAXATION PURPOSES, SO LONG AS
 THE MONIES ARE APPLIED FOR THE PURCHASE OR CONSTRUCTION OF  A  QUALIFIED
 FIRST  HOME  PURCHASE  BY THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY OF
 THE ACCOUNT.
   § 1256. PROGRAM LIMITATIONS; FIRST HOME SAVINGS ACCOUNT. 1. NOTHING IN
 THIS ARTICLE SHALL BE CONSTRUED TO:
   (A) GIVE ANY DESIGNATED BENEFICIARY ANY RIGHTS OR LEGAL INTEREST  WITH
 RESPECT  TO  AN ACCOUNT UNLESS THE DESIGNATED BENEFICIARY IS THE ACCOUNT
 OWNER;
   (B) GUARANTEE THAT THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY WILL BE
 FINANCIALLY QUALIFIED TO PURCHASE A HOME;
   (C) CREATE STATE RESIDENCY FOR AN INDIVIDUAL MERELY BECAUSE THE  INDI-
 VIDUAL IS A DESIGNATED BENEFICIARY; OR
   (D)  GUARANTEE  THAT  AMOUNTS  SAVED  PURSUANT  TO THE PROGRAM WILL BE
 SUFFICIENT TO COVER THE DOWN PAYMENT OR CLOSING COSTS  PURSUANT  TO  THE
 PURCHASE OF A QUALIFIED FIRST HOME.
   2.  (A) NOTHING IN THIS ARTICLE SHALL CREATE OR BE CONSTRUED TO CREATE
 ANY OBLIGATION OF THE COMPTROLLER, THE STATE, OR ANY AGENCY  OR  INSTRU-
 MENTALITY OF THE STATE TO GUARANTEE FOR THE BENEFIT OF THE ACCOUNT OWNER
 OR DESIGNATED BENEFICIARY WITH RESPECT TO:
   (I) THE RATE OF INTEREST OR OTHER RETURN ON ANY ACCOUNT; AND
   (II) THE PAYMENT OF INTEREST OR OTHER RETURN ON ANY ACCOUNT.
   (B)  THE  COMPTROLLER  BY  RULE OR REGULATION SHALL PROVIDE THAT EVERY
 CONTRACT, APPLICATION, DEPOSIT SLIP OR OTHER SIMILAR DOCUMENT  THAT  MAY
 BE USED IN CONNECTION WITH A CONTRIBUTION TO AN ACCOUNT CLEARLY INDICATE
 THAT  THE  ACCOUNT IS NOT INSURED BY THE STATE AND NEITHER THE PRINCIPAL
 DEPOSITED NOR THE INVESTMENT RETURN IS GUARANTEED BY THE STATE.
   § 2. Subsection (c) of section 612 of the tax law is amended by adding
 a new paragraph 42 to read as follows:
   (42) THE AMOUNT THAT MAY BE SUBTRACTED  FROM  FEDERAL  ADJUSTED  GROSS
 INCOME PURSUANT TO SUBSECTION (W) OF THIS SECTION.
   §  3. Section 612 of the tax law is amended by adding a new subsection
 (w) to read as follows:

 S. 2006--B                         135
 
   (W) DEDUCTIONS FOR MONIES DEPOSITED INTO A FIRST HOME SAVINGS ACCOUNT.
 A TAXPAYER, WHO IS AN ACCOUNT OWNER AS DEFINED  IN  SUBDIVISION  TWO  OF
 SECTION  TWELVE  HUNDRED  FIFTY-TWO  OF THE PRIVATE HOUSING FINANCE LAW,
 SHALL BE ABLE TO DEDUCT ANNUALLY FROM HIS OR HER FEDERAL ADJUSTED  GROSS
 INCOME  THAT AMOUNT, NOT TO EXCEED FIVE THOUSAND DOLLARS, DEPOSITED INTO
 A FIRST HOME SAVINGS ACCOUNT CREATED PURSUANT TO ARTICLE TWENTY-EIGHT OF
 THE PRIVATE HOUSING FINANCE LAW. A TAXPAYER AND HIS OR HER SPOUSE  SHALL
 JOINTLY BE ENTITLED TO A MAXIMUM DEDUCTION OF TEN THOUSAND DOLLARS. THIS
 AMOUNT  MAY  BE DIVIDED IN ANY MANNER AS THE TAXPAYERS DESIRE FOR INCOME
 TAX PURPOSES.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, and shall apply to taxable years  commencing
 on  or  after  the first of January next succeeding the date on which it
 shall have become law; provided however, that subdivision 14 of  section
 1255 of the private housing finance law, as added by section one of this
 act, shall take effect immediately.
 
                                  PART EE
 
   Section  1. The private housing finance law is amended by adding a new
 article 28 to read as follows:
 
                              ARTICLE XXVIII
                         AFFORDABLE SENIOR HOUSING
                               AND SERVICES
 
 SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1241. DEFINITIONS.
         1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM.
   § 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
 HEREBY FINDS AND DECLARES THAT THERE EXISTS IN THE STATE A SERIOUS SHOR-
 TAGE OF RENTAL HOUSING FOR OLDER PERSONS WHO CHOOSE TO LIVE INDEPENDENT-
 LY, AND WHO MAY BENEFIT FROM MODEST BASIC SERVICES IN  ORDER  TO  REMAIN
 LIVING  INDEPENDENTLY.  PROVIDING  CAPITAL  FUNDING  TO  FACILITATE  THE
 CONSTRUCTION AND REHABILITATION  OF  AFFORDABLE  RENTAL  APARTMENTS  FOR
 OLDER  PERSONS  OVER THE AGE OF SIXTY-TWO, AND PROVIDING SERVICE COORDI-
 NATION FUNDS TO NOT-FOR-PROFIT ORGANIZATIONS, WILL  ALLOW  THOUSANDS  OF
 OLDER  NEW  YORKERS  TO  "AGE-IN-PLACE"  COMFORTABLY IN THEIR COMMUNITY,
 REDUCING THE LIKELIHOOD OF RESIDING IN AN INSTITUTIONAL SETTING.
   § 1241. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION  ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   2.  "ELIGIBLE  APPLICANT" SHALL MEAN A PERSON OF LOW INCOME, A HOUSING
 DEVELOPMENT FUND COMPANY INCORPORATED PURSUANT TO ARTICLE ELEVEN OF THIS
 CHAPTER, A NOT-FOR-PROFIT CORPORATION OR CHARITABLE  ORGANIZATION  WHICH
 HAS  AS  ONE  OF  ITS  PRIMARY  PURPOSES  THE IMPROVEMENT OF HOUSING FOR
 PERSONS OF LOW INCOME, A WHOLLY-OWNED SUBSIDIARY OF SUCH  A  CORPORATION
 OR ORGANIZATION, A PARTNERSHIP AT LEAST FIFTY PERCENT OF THE CONTROLLING
 INTEREST  OF  WHICH  IS  HELD  BY SUCH A CORPORATION OR ORGANIZATION AND
 WHICH HAS AGREED TO LIMIT PROFITS OR RATE  OF  RETURN  OF  INVESTORS  IN
 ACCORDANCE  WITH A FORMULA ESTABLISHED OR APPROVED BY THE CORPORATION OR
 A PRIVATE DEVELOPER WHICH HAS AGREED TO LIMIT PROFITS OR RATE OF  RETURN
 OF INVESTORS IN ACCORDANCE WITH A FORMULA ESTABLISHED OR APPROVED BY THE
 CORPORATION,  A  CITY,  TOWN, VILLAGE OR COUNTY, PROVIDED, HOWEVER, THAT
 THE COUNTY IS ONLY ACTING AS AN ADMINISTRATOR OF A PROGRAM  UNDER  WHICH
 PROJECTS  ARE  REHABILITATED OR CONSTRUCTED OR NONRESIDENTIAL PROPERTIES

 S. 2006--B                         136
 
 ARE CONVERTED BY OTHER  ELIGIBLE  APPLICANTS,  OR  A  MUNICIPAL  HOUSING
 AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING LAW, PROVIDED, HOWEVER,
 THAT  ANY  REAL  PROPERTY OF SUCH HOUSING AUTHORITY TO BE REHABILITATED,
 CONSTRUCTED OR CONVERTED UNDER THIS ARTICLE SHALL NOT HAVE BEEN FINANCED
 PURSUANT  TO THE PROVISIONS OF THE PUBLIC HOUSING LAW AND SHALL NOT HAVE
 BEEN OWNED BY SUCH AUTHORITY  PRIOR  TO  JULY  FIRST,  NINETEEN  HUNDRED
 EIGHTY-SIX,  AND  PROVIDED, FURTHER, HOWEVER, THAT PERSONS OF LOW INCOME
 SHALL NOT BE DIRECT RECIPIENTS OF PAYMENTS, GRANTS  OR  LOANS  FROM  THE
 CORPORATION  UNDER  THIS ARTICLE BUT MAY RECEIVE SUCH FUNDS FROM ANOTHER
 ELIGIBLE APPLICANT.
   3. "AFFORDABLE SENIOR HOUSING PROPERTY" SHALL MEAN AN APARTMENT BUILD-
 ING OR COMPLEX OCCUPIED BY INDIVIDUALS OVER SIXTY-TWO YEARS OF AGE,  WHO
 LIVE  INDEPENDENTLY  AND  AT  LEAST  EIGHTY PERCENT OF WHOM HAVE A TOTAL
 HOUSEHOLD INCOME THAT DOES NOT EXCEED EIGHTY PERCENT OF THE AREA  MEDIAN
 INCOME,  AND  WHICH  APARTMENT  BUILDING  OR  COMPLEX  IS  NOT OTHERWISE
 REQUIRED TO BE LICENSED AS AN ADULT CARE FACILITY  PURSUANT  TO  ARTICLE
 SEVEN  OF THE SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE PURSU-
 ANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW.
   4. "HEALTHY AGING SERVICES" SHALL MEAN AN ARRAY OF  OPTIONAL  SERVICES
 OFFERED TO RESIDENTS OF AN AFFORDABLE INDEPENDENT SENIOR HOUSING PROPER-
 TY  ON  A  VOLUNTARY PARTICIPATION BASIS THAT HELP PROMOTE HEALTHY AGING
 WHICH MAY INCLUDE, BUT NOT BE LIMITED TO:  ESTABLISHING AND  MAINTAINING
 NETWORKING  RELATIONSHIPS  WITH  COMMUNITY-BASED  SERVICES AND ORGANIZA-
 TIONS; PROVIDING RESIDENTS  WITH  INFORMATION  AND  REFERRAL  LISTS  FOR
 COMMUNITY  SERVICES  AND  ASSISTING  THEM WITH FOLLOW-UPS; ARRANGING FOR
 EDUCATIONAL AND SOCIALIZATION PROGRAMS FOR RESIDENTS; HELPING  RESIDENTS
 ARRANGE  FOR  HOUSEKEEPING,  SHOPPING,  TRANSPORTATION, MEALS-ON-WHEELS,
 COOKING AND LAUNDRY SERVICES;  ESTABLISHING  RESIDENT  SAFETY  PROGRAMS;
 ASSISTING  RESIDENTS  TO  APPLY  FOR GOVERNMENT BENEFITS; ADVOCATING FOR
 RESIDENTS; OFFERING  OPPORTUNITIES  FOR  EXERCISE;  EDUCATING  RESIDENTS
 ABOUT  HEALTHY DIET; AND OTHER SERVICES DESIGNED TO ADDRESS THE NEEDS OF
 OLDER ADULTS RESIDING IN  SENIOR  HOUSING  FACILITIES  BY  HELPING  THEM
 EXTEND  THEIR  INDEPENDENCE,  IMPROVE  THEIR  QUALITY OF LIFE, AND AVOID
 UNNECESSARY HOSPITAL AND NURSING HOME USE.
   § 1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM.  1. ESTABLISH-
 MENT. WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE  THEREFOR,  THE
 CORPORATION  SHALL  DEVELOP  AND ADMINISTER AN AFFORDABLE SENIOR HOUSING
 AND SERVICES PROGRAM WHICH SHALL  PROVIDE  ASSISTANCE  IN  THE  FORM  OF
 PAYMENTS,  GRANTS AND LOANS FOR REASONABLE AND NECESSARY EXPENSES, TO AN
 ELIGIBLE APPLICANT FOR THE  CREATION,  PRESERVATION  OR  IMPROVEMENT  OF
 AFFORDABLE  SENIOR  HOUSING  PROPERTIES, PROVIDED THAT SUCH HOUSING ALSO
 PROVIDES ACCESS TO HEALTHY AGING SERVICES ON A VOLUNTARY BASIS  FOR  ALL
 RESIDENTS OF THE AFFORDABLE SENIOR HOUSING PROPERTY.
   2.  PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
 RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND  AWARD  OF  PROJECTS
 PURSUANT  TO  THIS  SECTION  WHICH  SHALL  INCLUDE:  ELIGIBILITY, MARKET
 DEMAND, FEASIBILITY AND  FUNDING  CRITERIA;  THE  FUNDING  DETERMINATION
 PROCESS;  SUPERVISION  AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
 ING, BUDGETING AND RECORDKEEPING REQUIREMENTS; PROVISIONS FOR  MODIFICA-
 TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
 ENT  WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE CORPORATION
 SHALL DEEM NECESSARY OR APPROPRIATE.
   3. FUND ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED  PURSUANT
 TO  THIS  ARTICLE  IN  ANY  FISCAL  YEAR  SHALL BE ALLOCATED TO PROJECTS
 LOCATED IN URBAN AREAS OF THE STATE, AS SUCH TERM IS DEFINED IN SUBDIVI-
 SION FOUR OF SECTION TWELVE HUNDRED THIRTY-ONE OF  THIS  CHAPTER.  FORTY

 S. 2006--B                         137
 
 PERCENT  OF  THE  TOTAL  FUNDS  AWARDED  PURSUANT TO THIS ARTICLE IN ANY
 FISCAL YEAR SHALL BE ALLOCATED TO PROJECTS LOCATED IN RURAL AREAS OF THE
 STATE, AS SUCH TERM IS DEFINED IN SUBDIVISION THREE  OF  SECTION  TWELVE
 HUNDRED THIRTY-ONE OF THIS CHAPTER.
   4.  PROOF  OF  AVAILABLE  SERVICES. APPLICANTS SHALL DEMONSTRATE PROOF
 THAT HEALTHY AGING SERVICES SHALL BE MADE AVAILABLE TO ALL RESIDENTS  OF
 THE  PROPERTY WITHIN THIRTY DAYS OF INITIAL OCCUPANCY. THERE SHALL BE NO
 REQUIREMENT THAT RESIDENTS TAKE PART  IN  SUCH  SERVICES.  THE  PROPERTY
 OWNER  OR  HIS  OR HER AGENT SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH
 SERVICES ARE AVAILABLE AND THAT RESIDENTS ARE MADE AWARE OF  THE  AVAIL-
 ABILITY  OF  SUCH SERVICES.   IF THE OWNER OF THE PROPERTY OR HIS OR HER
 AGENT ALSO PROVIDES SERVICES SUCH AS HOME CARE, THE OWNER OR HIS OR  HER
 AGENT  SHALL  NOT REQUIRE THAT ANY RESIDENT OF THE PROPERTY USE SERVICES
 PROVIDED AND SHALL PROACTIVELY PROVIDE INFORMATION  TO  RESIDENTS  ABOUT
 THE  AVAILABILITY  OF  OTHER COMPANIES OR ORGANIZATIONS IN THE COMMUNITY
 THAT PROVIDE THE SAME OR SIMILAR SERVICES.
   5. SERVICES FUNDING THROUGH THE OFFICE FOR THE AGING. THE  CORPORATION
 SHALL  SUBALLOCATE A PORTION OF THE AMOUNT APPROPRIATED FOR THE AFFORDA-
 BLE SENIOR HOUSING AND SERVICES PROGRAM TO  THE  OFFICE  FOR  THE  AGING
 WHICH  SHALL  PROVIDE  GRANTS  ON A COMPETITIVE BASIS FOR NOT-FOR-PROFIT
 ORGANIZATIONS TO PROVIDE  HEALTHY  AGING  SERVICES.  SUCH  OFFICE  SHALL
 DEVELOP  REGULATIONS  THAT WILL ENSURE THAT FUNDS ARE PROVIDED TO ORGAN-
 IZATIONS THAT DEVELOP AND OPERATE AFFORDABLE SENIOR HOUSING  PROPERTIES,
 AS  DEFINED  IN  THIS  ARTICLE.  THE  OFFICE FOR THE AGING SHALL PROVIDE
 GRANTS TO ORGANIZATIONS THAT HAVE DEMONSTRATED EXPERIENCE  WORKING  WITH
 PERSONS ELIGIBLE FOR THE PROGRAM FOR AT LEAST THREE YEARS.
   6.  ANNUAL REPORT. THE CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEM-
 BER THIRTY-FIRST, SUBMIT A REPORT TO THE LEGISLATURE ON THE  IMPLEMENTA-
 TION  OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 FOR EACH AWARD MADE TO A GRANTEE UNDER THIS ARTICLE:  A  DESCRIPTION  OF
 SUCH  AWARD;  CONTRACT  AMOUNT AND CUMULATIVE TOTAL; THE SPECIFIC ACTIV-
 ITIES IN RURAL AND URBAN AREAS PERFORMED BY SUCH GRANTEE; AND SUCH OTHER
 INFORMATION AS THE CORPORATION DEEMS PERTINENT.
   § 2. This act shall take effect immediately.
 
                                  PART FF
 
   Section 1. The section heading of section 467-b of the  real  property
 tax  law, as amended by section 1 of chapter 188 of the laws of 2005, is
 amended to read as follows:
   Tax abatement for rent-controlled and rent regulated property occupied
 by senior citizens or persons with  disabilities  OR  PERSONS  PAYING  A
 MAXIMUM  RENT  OR  LEGAL  REGULATED  RENT  WHICH EXCEEDS ONE-HALF OF THE
 COMBINED INCOME OF ALL MEMBERS OF THEIR HOUSEHOLD.
   § 2. Paragraph b of subdivision 1 of section 467-b of the real proper-
 ty tax law, as amended by section 1 of chapter 188 of the laws of  2005,
 is amended to read as follows:
   b.  "Head  of the household" means a person (i) who is sixty-two years
 of age or older, or (ii) who qualifies as a  person  with  a  disability
 pursuant  to subdivision five of this section, OR (III) WHO PAYS A MAXI-
 MUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE  COMBINED
 INCOME  OF  ALL  MEMBERS  OF  THEIR  HOUSEHOLD,  and  is entitled to the
 possession or to the use or occupancy of a dwelling unit;
   § 3. Subdivision 2 of section 467-b of the real property tax  law,  as
 amended  by  chapter  747 of the laws of 1985, paragraph (c) as added by

 S. 2006--B                         138
 
 chapter 553 of the laws of 2015, paragraph (d) as added by  chapter  343
 of the laws of 2016, is amended to read as follows:
   2.  The  governing body of any municipal corporation is hereby author-
 ized and empowered to adopt, after public hearing,  in  accordance  with
 the  provisions  of  this  section, a local law, ordinance or resolution
 providing for the abatement  of  taxes  of  said  municipal  corporation
 imposed on real property containing a dwelling unit as defined herein by
 one  of the following amounts:  (a) where the head of the household does
 not receive a monthly allowance  for  shelter  pursuant  to  the  social
 services law, an amount not in excess of that portion of any increase in
 maximum  rent  or legal regulated rent which causes such maximum rent or
 legal regulated rent to exceed one-third of the combined income  of  all
 members of the household; or
   (b)  WHERE  THE  HEAD  OF THE HOUSEHOLD QUALIFIES AS A PERSON PAYING A
 MAXIMUM RENT OR LEGAL REGULATED  RENT  WHICH  EXCEEDS  ONE-HALF  OF  THE
 COMBINED  INCOME  OF ALL MEMBERS OF THE HOUSEHOLD AND DOES NOT RECEIVE A
 MONTHLY ALLOWANCE FOR SHELTER PURSUANT TO THE SOCIAL  SERVICES  LAW,  AN
 AMOUNT  NOT IN EXCESS OF THAT PORTION OF ANY INCREASE IN MAXIMUM RENT OR
 LEGAL REGULATED RENT WHICH CAUSES SUCH MAXIMUM RENT OR  LEGAL  REGULATED
 RENT  TO  EXCEED  ONE-HALF  OF THE COMBINED INCOME OF ALL MEMBERS OF THE
 HOUSEHOLD; OR
   (C) where the head of the household receives a monthly  allowance  for
 shelter  pursuant to the social services law, an amount not in excess of
 that portion of any increase in maximum rent  or  legal  regulated  rent
 which  is  not  covered  by the maximum allowance for shelter which such
 person is entitled to receive pursuant to the social services law.
   [(c)] (D) Provided, however, that in a city of  a  population  of  one
 million  or  more,  where  the head of household has been granted a rent
 increase exemption order that is in effect  as  of  January  first,  two
 thousand  fifteen  or takes effect on or before July first, two thousand
 fifteen, the amount determined by  paragraph  (a)  of  this  subdivision
 shall  be  an amount not in excess of the difference between the maximum
 rent or legal regulated rent and the amount specified in such order,  as
 adjusted by any other provision of this section.
   [(d)]  (E)  (1) Provided, however, that in a city with a population of
 one million or more, a head of the household who  has  received  a  rent
 increase exemption order that has expired and who, upon renewal applica-
 tion  for  the  period  commencing immediately after such expiration, is
 determined to be ineligible for a rent increase exemption order  because
 the  combined income of all members of the household exceeds the maximum
 amount allowed by this section or the maximum rent  or  legal  regulated
 rent  does not exceed one-third of the combined income of all members of
 the household, may submit a new application during the following  calen-
 dar  year,  and  if  such head of the household receives a rent increase
 exemption order that commences during such calendar year, the tax abate-
 ment amount for such order shall be calculated as  if  such  prior  rent
 increase  exemption  order  had  not  expired. However, no tax abatement
 benefits may be provided for the period of ineligibility.
   (2) No head of the household may receive more than three rent increase
 exemption orders calculated as if a prior rent increase exemption  order
 had not expired, as described in subparagraph one of this paragraph.
   § 4. Paragraph a of subdivision 3 of section 467-b of the real proper-
 ty  tax law, as amended by section 1 of part U of chapter 55 of the laws
 of 2014, is amended to read as follows:
   a. for a dwelling unit where the head of the  household  is  a  person
 sixty-two  years of age or older OR WHERE THE HEAD OF THE HOUSEHOLD PAYS

 S. 2006--B                         139
 
 A MAXIMUM RENT OR LEGAL REGULATED RENT WHICH  EXCEEDS  ONE-HALF  OF  THE
 COMBINED  INCOME OF ALL MEMBERS OF THE HOUSEHOLD, no tax abatement shall
 be granted if the combined income of all members of  the  household  for
 the income tax year immediately preceding the date of making application
 exceeds  four  thousand dollars, or such other sum not more than twenty-
 five thousand dollars beginning July first, two thousand  five,  twenty-
 six thousand dollars beginning July first, two thousand six, twenty-sev-
 en   thousand   dollars   beginning  July  first,  two  thousand  seven,
 twenty-eight thousand dollars beginning July first, two thousand  eight,
 twenty-nine  thousand  dollars  beginning July first, two thousand nine,
 and fifty thousand dollars beginning July first, two thousand  fourteen,
 as  may  be  provided  by the local law, ordinance or resolution adopted
 pursuant to this section, provided that when the head of  the  household
 retires  before the commencement of such income tax year and the date of
 filing the application, the income for such  year  may  be  adjusted  by
 excluding salary or earnings and projecting his or her retirement income
 over the entire period of such year.
   § 5. Paragraph d of subdivision 1 of section 467-c of the real proper-
 ty tax law, as separately amended by chapters 188 and 205 of the laws of
 2005,  subparagraph 1 as amended by section 2 of part U of chapter 55 of
 the laws of 2014, is amended to read as follows:
   d. "Eligible head of the household" means (1) a person or his  or  her
 spouse  who  is  sixty-two years of age or older, OR A PERSON WHO PAYS A
 MAXIMUM RENT WHICH EXCEEDS  ONE-HALF  OF  THE  COMBINED  INCOME  OF  ALL
 MEMBERS  OF  THE  HOUSEHOLD, and is entitled to the possession or to the
 use and occupancy of a dwelling unit, provided, however, with respect to
 a dwelling which was subject to a mortgage insured or initially  insured
 by  the  federal  government pursuant to section two hundred thirteen of
 the National Housing Act, as amended "eligible head  of  the  household"
 shall be limited to that person or his or her spouse who was entitled to
 possession or the use and occupancy of such dwelling unit at the time of
 termination  of  such  mortgage, and whose income when combined with the
 income of all other members of the household, does not exceed six  thou-
 sand  five hundred dollars for the taxable period, or such other sum not
 less than sixty-five hundred dollars nor more than twenty-five  thousand
 dollars  beginning  July  first,  two thousand five, twenty-six thousand
 dollars beginning July first, two thousand  six,  twenty-seven  thousand
 dollars  beginning July first, two thousand seven, twenty-eight thousand
 dollars beginning July first, two thousand eight,  twenty-nine  thousand
 dollars  beginning  July  first,  two  thousand nine, and fifty thousand
 dollars beginning July first, two thousand fourteen, as may be  provided
 by  local  law;  or  (2)  a  person with a disability as defined in this
 subdivision.
   § 6. Subparagraph 1 of paragraph a of subdivision 3 of  section  467-c
 of  the  real property tax law, as amended by chapter 747 of the laws of
 1985, is amended to read as follows:
   (1) where the eligible head of the household WHO IS  EITHER  SIXTY-TWO
 YEARS  OF  AGE OR OLDER OR IS DISABLED does not receive a monthly allow-
 ance for shelter pursuant to the social  services  law,  the  amount  by
 which  increases  in the maximum rent subsequent to such person's eligi-
 bility date have resulted in the maximum rent exceeding one-third of the
 combined income of all members of the household for the taxable period,
 OR WHERE THE ELIGIBLE HEAD OF THE HOUSEHOLD IS A PERSON WHO PAYS A MAXI-
 MUM RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF
 THE HOUSEHOLD AND DOES NOT  RECEIVE  A  MONTHLY  ALLOWANCE  FOR  SHELTER
 PURSUANT  TO  THE  SOCIAL SERVICES LAW, THE AMOUNT BY WHICH INCREASES IN

 S. 2006--B                         140
 
 THE MAXIMUM RENT SUBSEQUENT TO SUCH PERSON'S DATE HAVE RESULTED  IN  THE
 MAXIMUM RENT EXCEEDING ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF
 THE  HOUSEHOLD  FOR  THE TAXABLE PERIOD, except that in no event shall a
 rent increase exemption order/tax abatement certificate become effective
 prior to January first, nineteen hundred seventy-six; or
   § 7. This act shall take effect July 1, 2017; provided however, that
   a.  the amendments to section 467-b of the real property tax law, made
 by sections one, two, three and four of this act shall be subject to the
 expiration and reversion of such section pursuant to section 17 of chap-
 ter 576 of the laws of 1974, as amended, and shall expire and be  deemed
 repealed therewith;
   b.  the amendments to paragraph a of subdivision 3 of section 467-b of
 the real property tax law, made by section four of  this  act  shall  be
 subject  to  the  expiration  of such paragraph pursuant to section 4 of
 part U of chapter 55 of the laws of  2014,  as  amended,  and  shall  be
 deemed to expire therewith; and
   c. the amendments to subparagraph 1 of paragraph d of subdivision 1 of
 section 467-c of the real property tax law, made by section five of this
 act  shall  not  affect  the expiration of such subparagraph pursuant to
 section 4 of part U of chapter 55 of the laws of 2014, as  amended,  and
 shall expire and be deemed repealed therewith.
 
                                  PART GG
 
   Section  1.  There  is hereby established the New York city tax reform
 study commission to provide the governor  and  the  legislature  with  a
 blueprint  for  reforming the local real property tax system in the city
 of New York.
   § 2. The New York city tax reform study commission shall consist of 11
 members appointed by the governor: three members shall be appointed upon
 the recommendation of the  temporary  president  of  the  senate,  three
 members shall be appointed upon the recommendation of the speaker of the
 assembly  with  one such member appointed upon the recommendation of the
 mayor of the city of New York, one member shall be  appointed  upon  the
 recommendation  of  the  minority  leader  of the senate, and one member
 shall be appointed upon the recommendation of the minority leader of the
 assembly.  Such commission shall include at least one  member  represen-
 tative  of  each  of the following:  the New York city municipal govern-
 ment, academia, real estate industry and a  recognized  labor  organiza-
 tion, all based in the city of New York.
   §  3. On or before January 1, 2019, the New York city tax reform study
 commission shall provide the governor and the legislature with recommen-
 dations on any changes that should be made to, at a minimum,  the  class
 share  system,  assessment process and tax rate formulae utilized within
 the city of New York.
   § 4. The New York city tax reform study commission shall  be  assisted
 in  its  powers and duties pursuant to this act by personnel employed by
 state and city of New York agencies including, but not limited  to,  the
 state  department  of taxation and finance and the department of finance
 of the city of New York.
   § 5. This act shall take effect immediately.
 
                                  PART HH
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 3-e to read as follows:

 S. 2006--B                         141
 
   §  3-E.  LIMITATION  UPON  REAL PROPERTY TAX LEVIES BY CITIES HAVING A
 POPULATION OF ONE MILLION OR MORE.  1. UNLESS OTHERWISE PROVIDED BY LAW,
 THE AMOUNT OF REAL PROPERTY TAXES THAT MAY BE LEVIED BY OR ON BEHALF  OF
 ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL NOT EXCEED THE
 TAX LEVY LIMITATION ESTABLISHED PURSUANT TO THIS SECTION.
   2. WHEN USED IN THIS SECTION:
   (A) "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
 TWO  ONE-HUNDREDTHS;  OR  (II) THE SUM OF ONE PLUS THE INFLATION FACTOR;
 PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE  LESS
 THAN ONE.
   (B)  "APPROVED CAPITAL EXPENDITURES" MEANS THE EXPENDITURES ASSOCIATED
 WITH CAPITAL PROJECTS THAT HAVE BEEN APPROVED BY THE QUALIFIED VOTERS OF
 THE LOCAL GOVERNMENT.
   (C) "AVAILABLE CARRYOVER" MEANS THE SUM OF THE AMOUNT BY WHICH THE TAX
 LEVY FOR THE PRIOR FISCAL YEAR WAS BELOW THE TAX  LEVY  LIMIT  FOR  SUCH
 FISCAL  YEAR,  IF  ANY, BUT NO MORE THAN ONE AND ONE-HALF PERCENT OF THE
 TAX LEVY LIMIT FOR SUCH FISCAL YEAR.
   (D) "CAPITAL TAX LEVY" MEANS THE TAX LEVY NECESSARY TO SUPPORT CAPITAL
 EXPENDITURES, IF ANY.
   (E) "COMING FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
 FOR WHICH A TAX LEVY LIMITATION SHALL BE  DETERMINED  PURSUANT  TO  THIS
 SECTION.
   (F)  "INFLATION  FACTOR" MEANS THE QUOTIENT OF: (I) THE AVERAGE OF THE
 NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES  DEPART-
 MENT OF LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE
 START  OF  THE  COMING  FISCAL  YEAR  MINUS  THE AVERAGE OF THE NATIONAL
 CONSUMER PRICE INDEXES DETERMINED BY THE  UNITED  STATES  DEPARTMENT  OF
 LABOR  FOR  THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
 OF THE PRIOR FISCAL YEAR, DIVIDED BY: (II) THE AVERAGE OF  THE  NATIONAL
 CONSUMER  PRICE  INDEXES  DETERMINED  BY THE UNITED STATES DEPARTMENT OF
 LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO  THE  START
 OF THE PRIOR FISCAL YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO FOUR
 PLACES.
   (G) "LOCAL GOVERNMENT" MEANS A CITY HAVING A POPULATION OF ONE MILLION
 OR MORE.
   (H)  "PRIOR FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
 IMMEDIATELY PRECEDING THE COMING FISCAL YEAR.
   (I) "TAX LEVY LIMITATION" MEANS THE AMOUNT OF TAXES A LOCAL GOVERNMENT
 IS AUTHORIZED TO LEVY PURSUANT TO THIS SECTION, PROVIDED, HOWEVER,  THAT
 THE  TAX  LEVY  LIMIT  SHALL NOT INCLUDE THE LOCAL GOVERNMENT'S APPROVED
 CAPITAL TAX LEVY, IF ANY.
   3. (A) BEGINNING WITH THE FISCAL YEAR  THAT  BEGINS  IN  TWO  THOUSAND
 EIGHTEEN,  NO  LOCAL GOVERNMENT SHALL ADOPT A BUDGET THAT REQUIRES A TAX
 LEVY THAT IS GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING  FISCAL
 YEAR.
   (B)  THE STATE COMPTROLLER SHALL CALCULATE THE TAX LEVY LIMITATION FOR
 EACH LOCAL GOVERNMENT BY THE ONE HUNDRED  TWENTIETH  DAY  PRECEDING  THE
 COMMENCEMENT  OF  EACH  LOCAL GOVERNMENT'S FISCAL YEAR, AND SHALL NOTIFY
 EACH LOCAL GOVERNMENT OF THE TAX LEVY LIMITATION SO DETERMINED.
   (C) THE TAX LEVY LIMITATION APPLICABLE TO THE COMING FISCAL YEAR SHALL
 BE DETERMINED AS FOLLOWS:
   (I) ASCERTAIN THE TOTAL AMOUNT OF TAXES LEVIED FOR  THE  PRIOR  FISCAL
 YEAR.
   (II)  ADD  ANY  PAYMENTS  IN LIEU OF TAXES THAT WERE RECEIVABLE IN THE
 PRIOR FISCAL YEAR.

 S. 2006--B                         142
 
   (III) SUBTRACT THE APPROVED CAPITAL TAX  LEVY  FOR  THE  PRIOR  FISCAL
 YEAR, IF ANY.
   (IV)  SUBTRACT  THE LEVY ATTRIBUTABLE TO A LARGE LEGAL SETTLEMENT OF A
 TORT ACTION EXCLUDED FROM THE LEVY LIMITATION IN THE PRIOR FISCAL  YEAR,
 IF ANY.
   (V) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
   (VI)  SUBTRACT  ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE IN THE COMING
 FISCAL YEAR.
   (VII) ADD THE AVAILABLE CARRYOVER, IF ANY.
   (D) IN THE EVENT THE CITY COUNCIL OF A LOCAL GOVERNMENT HAS APPROVED A
 LEGAL SETTLEMENT OF A TORT ACTION AGAINST  THE  GOVERNMENT,  THE  ANNUAL
 COSTS  OF  WHICH  EXCEED TEN PERCENT OF THE PROPERTY TAXES LEVIED BY THE
 LOCAL GOVERNMENT IN THE PRIOR FISCAL YEAR, THE STATE  COMPTROLLER,  UPON
 APPLICATION  BY THE LOCAL GOVERNMENT, MAY ADJUST THE TAX LEVY LIMITATION
 FOR THE COMING FISCAL YEAR  APPLICABLE  TO  SUCH  LOCAL  GOVERNMENT,  BY
 ADDING THE ANNUAL COSTS OF SUCH SETTLEMENT TO THE TAX LEVY LIMITATION.
   (E)  THE STATE COMPTROLLER SHALL DETERMINE THE PORTION OF THE TAX LEVY
 OF EACH LOCAL  GOVERNMENT  THAT  IS  ATTRIBUTABLE  TO  ANY  INCREASE  OR
 DECREASE  OVER  THE PRIOR YEAR IN THE COST OF THE LOCAL GOVERNMENT SHARE
 OF DIRECT CASH ASSISTANCE TO PERSONS ELIGIBLE FOR THE  FEDERAL-STATE-LO-
 CAL  TEMPORARY  ASSISTANCE  TO NEEDY FAMILIES PROGRAM OR THE STATE-LOCAL
 SAFETY NET ASSISTANCE PROGRAM AND SHALL ADJUST THE TAX  LEVY  LIMITATION
 FOR SUCH LOCAL GOVERNMENT TO REFLECT SUCH CHANGE.
   4. A LOCAL GOVERNMENT MAY ADOPT A BUDGET THAT REQUIRES A TAX LEVY THAT
 IS  GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING FISCAL YEAR ONLY
 IF THE CITY COUNCIL OF SUCH LOCAL GOVERNMENT FIRST  ENACTS,  BY  A  TWO-
 THIRDS  VOTE OF THE TOTAL VOTING POWER OF SUCH CITY COUNCIL, A LOCAL LAW
 TO OVERRIDE SUCH LIMITATION FOR SUCH COMING FISCAL YEAR ONLY.
   5. IN THE EVENT A LOCAL GOVERNMENT'S  ACTUAL  TAX  LEVY  FOR  A  GIVEN
 FISCAL  YEAR  EXCEEDS THE MAXIMUM ALLOWABLE LEVY AS ESTABLISHED PURSUANT
 TO THIS SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE  LOCAL  GOVERN-
 MENT  SHALL PLACE THE EXCESS AMOUNT OF THE LEVY IN RESERVE IN ACCORDANCE
 WITH SUCH REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL
 USE SUCH FUNDS AND ANY INTEREST EARNED THEREON TO OFFSET  THE  TAX  LEVY
 FOR THE ENSUING FISCAL YEAR.
   §  2. Paragraphs j and k of subdivision 2 of section 23 of the munici-
 pal home rule law are relettered paragraphs k and l, and a new paragraph
 j is added to read as follows:
   J.  OVERRIDES THE TAX LEVY LIMITATION APPLICABLE FOR THE COMING FISCAL
 YEAR IN ACCORDANCE WITH SECTION THREE-E OF THE GENERAL MUNICIPAL LAW.
   § 3. This act shall take effect immediately and shall first  apply  to
 the  levy  of taxes by local governments for the fiscal year that begins
 in 2018.
 
                                  PART II
 
   Section 1. Subdivision 1 of section 1802 of the real property tax law,
 as separately amended by chapters 123 and 529 of the laws of 1990, para-
 graph class one as amended by chapter  332  of  the  laws  of  2008,  is
 amended to read as follows:
   1.  All  real property, for the purposes of this article, in a special
 assessing unit shall be classified as follows:
   Class one: (a) all one, two and three family residential real  proper-
         ty,  including  such  dwellings  used in part for nonresidential
         purposes but which are used primarily for residential  purposes,
         except such property held in cooperative or condominium forms of

 S. 2006--B                         143
 
         ownership  other  than (i) property defined in subparagraphs (b)
         and (c) of this paragraph and (ii) property  which  contains  no
         more  than  three  dwelling  units  held  in condominium form of
         ownership and which was classified within this class on a previ-
         ous  assessment  roll;  and  provided  that, notwithstanding the
         provisions of paragraph (g) of subdivision twelve of section one
         hundred two of this chapter, a mobile home or  a  trailer  shall
         not  be classified within this class unless it is owner-occupied
         and separately assessed; and (b) residential real  property  not
         more  than  three  stories in height held in condominium form of
         ownership, provided that no dwelling unit therein previously was
         on an assessment roll as a dwelling unit in other than condomin-
         ium  form  of  ownership;  and  (c)  residential  real  property
         consisting of one family house structures owned by the occupant,
         situated  on land held in cooperative ownership by owner occupi-
         ers, provided that; (i) such house structures and  land  consti-
         tuted  bungalow  colonies in existence prior to nineteen hundred
         forty; and (ii) the land is held in  cooperative  ownership  for
         the  sole  purpose  of  maintaining  one  family  residences for
         members own use; and  (d)  all  vacant  land  located  within  a
         special  assessing unit which is a city (i) other than such land
         in the borough of Manhattan, provided that any such vacant  land
         which  is  not  zoned  residential  must be situated immediately
         adjacent to property improved with a  residential  structure  as
         defined in subparagraphs (a) and (b) of this paragraph, be owned
         by the same owner as such immediately adjacent residential prop-
         erty  immediately prior to and since January 1, 1989, and have a
         total area not exceeding 10,000 square feet; and (ii) located in
         the borough of Manhattan north of or adjacent to the north  side
         of  110th street provided such vacant land was classified within
         this class on the assessment roll with a taxable status date  of
         January  5,  2008  and the owner of such land has entered into a
         recorded agreement with  a  governmental  entity  on  or  before
         December  31,  2008 requiring construction of housing affordable
         to persons or families of low  income  in  accordance  with  the
         provisions  of  the private housing finance law. Notwithstanding
         the foregoing, such vacant land shall be classified according to
         its use on the assessment roll with a taxable status date  imme-
         diately   following   commencement   of  construction,  provided
         further, that construction pursuant  to  an  approved  plan  for
         affordable  housing  shall  commence  no later than December 31,
         2010; and (e) all vacant land located within a special assessing
         unit which is not a city, provided that such vacant  land  which
         is  not  zoned residential must be situated immediately adjacent
         to real property defined in subparagraph (a), (b) or (c) of this
         paragraph and be owned by the same person or persons who own the
         real property defined in such subparagraph immediately prior  to
         and since January 1, 2003;
   CLASS  ONE-A:  ALL OTHER RESIDENTIAL REAL PROPERTY HELD IN CONDOMINIUM
         OR COOPERATIVE FORM OF OWNERSHIP  WHICH  IS  NOT  DESIGNATED  AS
         CLASS  ONE;  THE  DEPARTMENT  OF  FINANCE OF ANY CITY ENACTING A
         LOCAL LAW PURSUANT TO THIS SECTION SHALL RECLASSIFY CLASS  ONE-A
         PROPERTIES  USED  PRIMARILY  TO  GENERATE RENTAL INCOME TO CLASS
         TWO. THE DEPARTMENT OF FINANCE OF ANY CITY ENACTING A LOCAL  LAW
         PURSUANT  TO  THIS  SECTION SHALL HAVE, IN ADDITION TO ANY OTHER
         FUNCTIONS, POWERS AND DUTIES WHICH HAVE BEEN OR MAY BE CONFERRED

 S. 2006--B                         144
 
         ON IT BY LAW, THE POWER TO MAKE AND PROMULGATE  RULES  TO  CARRY
         OUT  THE PURPOSES OF THIS SECTION INCLUDING, BUT NOT LIMITED TO,
         RULES DEFINING THE CLASS  ONE-A  PROPERTIES  PRIMARILY  USED  TO
         GENERATE  RENTAL  INCOME,  AND  RELATING TO THE TIMING, FORM AND
         MANNER OF ANY CERTIFICATION REQUIRED TO BE SUBMITTED UNDER  THIS
         SECTION.  IF A PROPERTY PREVIOUSLY RECLASSIFIED FROM CLASS ONE-A
         TO CLASS TWO CEASES TO BE  USED  PRIMARILY  TO  GENERATE  RENTAL
         INCOME,  THE  DEPARTMENT SHALL RECLASSIFY SUCH PROPERTY TO CLASS
         ONE-A. THE DEPARTMENT SHALL USE A FIVE-YEAR PERIOD  WHEN  DETER-
         MINING  WHETHER  A PROPERTY IS USED PRIMARILY TO GENERATE RENTAL
         INCOME;
   Class two: all other residential real property which is not designated
         as class one OR CLASS ONE-A, except hotels and motels and  other
         similar commercial property;
   Class  three:  utility  real  property  and property subject to former
         section four hundred seventy of this chapter;
   Class four: all other real property which is not designated  as  class
         one, CLASS ONE-A, class two, or class three.
   §  1-a.  The  real property tax law is amended by adding a new section
 1803-c to read as follows:
   § 1803-C. CALCULATION OF SHARES.  1. FOR THE CALENDAR YEAR  TWO  THOU-
 SAND  EIGHTEEN,  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTIONS EIGHTEEN
 HUNDRED THREE, EIGHTEEN HUNDRED THREE-A, AND EIGHTEEN HUNDRED THREE-B OF
 THIS ARTICLE TO THE CONTRARY, THE NEW YORK CITY COMMISSIONER OF  FINANCE
 SHALL ESTABLISH A NEW CLASS ONE-A PURSUANT TO SUBDIVISION ONE OF SECTION
 EIGHTEEN  HUNDRED  TWO  OF  THIS  ARTICLE AND SHALL CALCULATE SHARES FOR
 CLASS ONE, CLASS ONE-A, CLASS TWO, CLASS THREE AND CLASS FOUR WHERE  THE
 BASE  YEAR  USED IN THE CALCULATION OF THE CURRENT BASE PROPORTION SHALL
 BE THE 2017 ASSESSMENT ROLL AND THE SUM OF CLASS  ONE-A  AND  CLASS  TWO
 SHALL NOT EXCEED THE PRIOR YEAR ADJUSTED BASE PROPORTION FOR SUCH CLASS-
 ES.
   2. AFTER TWO THOUSAND NINETEEN, ASSESSMENT ROLLS PREPARED ACCORDING TO
 JANUARY  1,  2019, THE ADJUSTED BASE PROPORTIONS FOR CLASS ONE AND CLASS
 ONE-A, SHALL NOT EXCEED EACH CLASS' PRIOR ADJUSTED  BASE  PROPORTION  BY
 MORE THAN FIVE PERCENT.
   3.  IN  A CITY HAVING A POPULATION OF ONE MILLION OR MORE, SUCH CITY'S
 TAX FIXING RESOLUTION SHALL SET A TAX RATE FOR CLASS ONE-A IN  THE  SAME
 MANNER  AS ALL CLASS SHARES ARE CALCULATED PURSUANT TO SECTIONS EIGHTEEN
 HUNDRED THREE, EIGHTEEN HUNDRED THREE-A AND EIGHTEEN HUNDRED THREE-B  OF
 THIS ARTICLE.
   4. THE ASSESSMENT RATIO FOR CLASS ONE-A SHALL BE SIX PERCENT.
   §  2.  Subdivision 1, paragraph (c) of subdivision 2 and subdivision 4
 of section 307-a of the real property tax law, as added by section 1  of
 part  G  of  chapter  63  of  the  laws  of 2003, are amended to read as
 follows:
   1. Generally.  Notwithstanding any provision of any  general,  special
 or  local law to the contrary, any city with a population of one million
 or more is hereby authorized and empowered to adopt and amend local laws
 in accordance with this section imposing an additional  tax  on  certain
 class  one AND CLASS ONE-A properties, as such properties are defined in
 section eighteen hundred two of this chapter, excluding vacant land.
   (c) "Net real property tax" means the real property tax assessed on  A
 class  one  OR CLASS ONE-A property after deduction for any exemption or
 abatement received pursuant to this chapter.
   4. Property subject to additional tax. Such surcharge shall be imposed
 on class one AND CLASS  ONE-A  property,  excluding  vacant  land,  that

 S. 2006--B                         145
 
 provides  rental income and is not the primary residence of the owner or
 owners of such class one OR CLASS ONE-A property, or the  primary  resi-
 dence of the parent or child of such owner or owners.
   § 3. Paragraph (f) of subdivision 1 of section 467-a of the real prop-
 erty  tax  law,  as added by chapter 273 of the laws of 1996, is amended
 and a new paragraph (i) is added to read as follows:
   (f) "Property" means real property designated as  class  [two]  ONE-A,
 pursuant  to  section  eighteen hundred two of this chapter, held in the
 cooperative or condominium form of ownership.
   (I) "MARKET VALUE" SHALL BE CALCULATED BY THE NEW YORK CITY DEPARTMENT
 OF FINANCE BASED UPON COMPARABLE SALES.
   § 4. Paragraphs (d-1), (d-2), (d-3) and  (d-4)  of  subdivision  2  of
 section  467-a of the real property tax law, as amended by section 62 of
 part A of chapter 20 of the laws of 2015,  are  amended  and  seven  new
 paragraphs  (d-7),  (d-8),  (d-9), (d-10), (d-11), (d-12) and (d-13) are
 added to read as follows:
   (d-1) In the fiscal years commencing in calendar  years  two  thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing  units in property whose average unit assessed value is less than or
 equal to fifty thousand dollars shall receive a partial abatement of the
 real property taxes attributable to or due on  such  dwelling  units  of
 twenty-five  percent,  twenty-six  and one-half percent and twenty-eight
 and one-tenth percent respectively. In the fiscal  years  commencing  in
 calendar  years  two  thousand fifteen[,] AND two thousand sixteen[, two
 thousand seventeen and two thousand eighteen] eligible dwelling units in
 property whose average unit assessed value is  less  than  or  equal  to
 fifty  thousand  dollars  shall  receive a partial abatement of the real
 property taxes attributable to or due on such dwelling units of  twenty-
 eight and one-tenth percent.
   (d-2)  In  the  fiscal years commencing in calendar years two thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing units in property whose average unit assessed  value  is  more  than
 fifty  thousand  dollars,  but less than or equal to fifty-five thousand
 dollars, shall receive a partial abatement of the  real  property  taxes
 attributable to or due on such dwelling units of twenty-two and one-half
 percent,  twenty-three and eight-tenths percent and twenty-five and two-
 tenths percent respectively. In the fiscal years commencing in  calendar
 years  two  thousand  fifteen[,] AND two thousand sixteen[, two thousand
 seventeen and two thousand eighteen] eligible dwelling units in property
 whose average unit assessed value is more than fifty  thousand  dollars,
 but  less  than or equal to fifty-five thousand dollars, shall receive a
 partial abatement of the real property taxes attributable to or  due  on
 such dwelling units of twenty-five and two-tenths percent.
   (d-3)  In  the  fiscal years commencing in calendar years two thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing units in property whose average unit assessed  value  is  more  than
 fifty-five  thousand  dollars,  but less than or equal to sixty thousand
 dollars, shall receive a partial abatement of the  real  property  taxes
 attributable  to  or due on such dwelling units of twenty percent, twen-
 ty-one and two-tenths percent, and twenty-two  and  five-tenths  percent
 respectively. In the fiscal years commencing in calendar years two thou-
 sand  fifteen[,]  AND  two thousand sixteen[, two thousand seventeen and
 two thousand eighteen] eligible dwelling units in property whose average
 unit assessed value is more than fifty-five thousand dollars,  but  less
 than  or equal to sixty thousand dollars, shall receive a partial abate-

 S. 2006--B                         146
 
 ment of the real property taxes attributable to or due on such  dwelling
 units of twenty-two and five-tenths percent.
   (d-4)  In  the  fiscal years commencing in calendar years two thousand
 twelve, two thousand  thirteen,  two  thousand  fourteen,  two  thousand
 fifteen[,]  AND  two  thousand  sixteen[, two thousand seventeen and two
 thousand eighteen,] eligible dwelling units in  property  whose  average
 unit  assessed value is more than sixty thousand dollars shall receive a
 partial abatement of the real property taxes attributable to or  due  on
 such dwelling units of seventeen and one-half percent.
   (D-7)  ELIGIBLE  DWELLING  UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS LESS THAN OR EQUAL TO SIX HUNDRED FIFTY THOUSAND DOLLARS  SHALL
 RECEIVE  A  PARTIAL  ABATEMENT OF REAL PROPERTY TAXES ATTRIBUTABLE TO OR
 DUE ON SUCH DWELLING UNITS, NOT TO EXCEED THIRTY-THREE  PERCENT  IN  THE
 FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOUSAND EIGHTEEN AND THERE-
 AFTER.
   (D-8)  ELIGIBLE  DWELLING  UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS BETWEEN SIX HUNDRED FIFTY THOUSAND ONE DOLLARS TO SEVEN HUNDRED
 FIFTY THOUSAND DOLLARS SHALL RECEIVE A PARTIAL  ABATEMENT  OF  THE  REAL
 PROPERTY  TAXES  ATTRIBUTABLE  TO  OR DUE ON SUCH DWELLING UNITS, NOT TO
 EXCEED TWENTY-TWO AND FIVE-TENTHS PERCENT IN THE FISCAL YEAR  COMMENCING
 IN CALENDAR YEAR TWO THOUSAND EIGHTEEN AND THEREAFTER.
   (D-9)  ELIGIBLE  DWELLING  UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS BETWEEN SEVEN HUNDRED FIFTY THOUSAND ONE AND ONE  MILLION  FIVE
 HUNDRED  THOUSAND  DOLLARS SHALL RECEIVE A PARTIAL ABATEMENT OF THE REAL
 PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH  DWELLING  UNITS,  NOT  TO
 EXCEED  SEVENTEEN  AND FIVE-TENTHS PERCENT IN THE FISCAL YEAR COMMENCING
 IN CALENDAR YEAR TWO THOUSAND EIGHTEEN AND THEREAFTER.
   (D-10) ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE  UNIT  MARKET
 VALUE  IS  BETWEEN ONE MILLION FIVE HUNDRED THOUSAND ONE DOLLARS AND TWO
 MILLION SIX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED  SIXTY-SEVEN  DOLLARS
 SHALL  RECEIVE  A PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUT-
 ABLE TO OR DUE ON SUCH DWELLING UNITS, NOT TO EXCEED THIRTEEN AND  THIR-
 TEEN-HUNDREDTHS  PERCENT  IN THE FISCAL YEAR COMMENCING IN CALENDAR YEAR
 TWO THOUSAND EIGHTEEN AND THEREAFTER.
   (D-11) ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE  UNIT  MARKET
 VALUE  IS BETWEEN TWO MILLION SIX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED
 SIXTY-EIGHT DOLLARS AND THREE MILLION EIGHT HUNDRED  THIRTY-THREE  THOU-
 SAND  THREE  HUNDRED THIRTY-THREE DOLLARS SHALL RECEIVE A PARTIAL ABATE-
 MENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH  DWELLING
 UNITS,  NOT  TO  EXCEED  EIGHT AND SEVENTY-FIVE HUNDREDTH PERCENT IN THE
 FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOUSAND EIGHTEEN AND THERE-
 AFTER.
   (D-12) ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE  UNIT  MARKET
 VALUE IS BETWEEN THREE MILLION EIGHT HUNDRED THIRTY-THREE THOUSAND THREE
 HUNDRED  THIRTY-FOUR  DOLLARS  AND  FIVE MILLION DOLLARS SHALL RECEIVE A
 PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR  DUE  ON
 SUCH  DWELLING  UNITS,  NOT  TO  EXCEED FOUR AND THIRTY-EIGHT HUNDREDTHS
 PERCENT IN THE FISCAL YEAR COMMENCING  IN  CALENDAR  YEAR  TWO  THOUSAND
 EIGHTEEN AND THEREAFTER.
   (D-13)  ELIGIBLE  DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT MARKET
 VALUE IS FIVE MILLION DOLLARS OR MORE SHALL RECEIVE A PARTIAL  ABATEMENT
 OF  THE  REAL  PROPERTY  TAXES  ATTRIBUTABLE  TO OR DUE ON SUCH DWELLING
 UNITS, NOT TO EXCEED ZERO PERCENT  IN  THE  FISCAL  YEAR  COMMENCING  IN
 CALENDAR YEAR TWO THOUSAND EIGHTEEN AND THEREAFTER.
   §  4-a.  The  real property tax law is amended by adding a new section
 467-a-1 to read as follows:

 S. 2006--B                         147
 
   § 467-A-1. ENHANCED PARTIAL ABATEMENT  FOR  CERTAIN  CONDOMINIUMS  AND
 COOPERATIVE RESIDENCES. 1. IN ADDITION TO THE PARTIAL ABATEMENT RECEIVED
 PURSUANT  TO  SECTION FOUR HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE, IN THE
 FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOUSAND EIGHTEEN,  ELIGIBLE
 UNITS  IN  PROPERTY  WHOSE  AVERAGE  UNIT  MARKET VALUE IS LESS THAN SIX
 HUNDRED FIFTY THOUSAND DOLLARS SHALL RECEIVE AN ENHANCED ABATEMENT EQUAL
 TO THE EXCESS ABOVE TWO PERCENT OF  THE  DIFFERENCE  BETWEEN  THE  PRIOR
 YEAR'S PROPERTY TAX AND THE CURRENT YEAR'S PROPERTY TAX.
   2.  IN  ADDITION TO THE PARTIAL ABATEMENT RECEIVED PURSUANT TO SECTION
 FOUR HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE, IN THE FISCAL YEAR  COMMENC-
 ING  IN  CALENDAR YEAR TWO THOUSAND NINETEEN, ELIGIBLE UNITS IN PROPERTY
 WHOSE AVERAGE UNIT MARKET VALUE IS LESS THAN SIX HUNDRED FIFTY  THOUSAND
 DOLLARS  SHALL  RECEIVE  AN ENHANCED ABATEMENT EQUAL TO THE EXCESS ABOVE
 FOUR PERCENT OF THE DIFFERENCE BETWEEN THE PRIOR YEAR'S PROPERTY TAX AND
 THE CURRENT YEAR'S PROPERTY TAX.
   3. IN ADDITION TO THE PARTIAL ABATEMENT RECEIVED PURSUANT  TO  SECTION
 FOUR  HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE, IN THE FISCAL YEAR COMMENC-
 ING IN CALENDAR YEAR TWO THOUSAND TWENTY AND THEREAFTER, ELIGIBLE  UNITS
 IN  PROPERTY  WHOSE  AVERAGE  UNIT MARKET VALUE IS LESS THAN SIX HUNDRED
 FIFTY THOUSAND DOLLARS SHALL RECEIVE AN ENHANCED ABATEMENT EQUAL TO  THE
 EXCESS  ABOVE  SIX  PERCENT  OF  THE DIFFERENCE BETWEEN THE PRIOR YEAR'S
 PROPERTY TAX AND THE CURRENT YEAR'S PROPERTY TAX. THE ENHANCED CONDOMIN-
 IUM AND COOPERATIVE ABATEMENT SHALL NOT BE ELIGIBLE FOR UNITS WHERE  THE
 COMMISSIONER  DETERMINES THAT RENOVATION OR CONSTRUCTION WITHIN THE UNIT
 OR BUILDING HAS PRODUCED A SUBSTANTIAL YEARLY  INCREASE  IN  THE  UNIT'S
 ASSESSED VALUE.
   § 5. Subdivision 7 of section 499-aaa of the real property tax law, as
 added by chapter 461 of the laws of 2008, is amended to read as follows:
   7.  "Eligible building" shall mean a class one, CLASS ONE-A, class two
 or class four real property, as defined in subdivision  one  of  section
 eighteen  hundred  two  of  this chapter, located within a city having a
 population of one million or more persons. No building shall be eligible
 for more than one tax abatement pursuant to this title.
   § 6. Subdivision 7 of section 499-aaaa of the real property  tax  law,
 as  added  by  chapter  473  of  the laws of 2008, is amended to read as
 follows:
   7. "Eligible building" shall mean a class one, CLASS ONE-A, class  two
 or  class  four  real property, as defined in subdivision one of section
 eighteen hundred two of this chapter, located within  a  city  having  a
 population of one million or more persons. No building shall be eligible
 for more than one tax abatement pursuant to this title.
   § 7. Paragraph (b) of subdivision 3 of section 522 of the real proper-
 ty  tax  law, as added by chapter 714 of the laws of 1982, is amended to
 read as follows:
   (b) in a  special  assessing  unit,  the  determination,  pursuant  to
 section  eighteen  hundred two of this chapter, of whether real property
 is included in class one, ONE-A, two, three or four.
   § 8. Subdivision 10 of section 523-b of the real property tax law,  as
 added by chapter 593 of the laws of 1998, is amended to read as follows:
   10.  On  or before April first, each year the commission shall mail to
 each applicant, who has filed an application for the correction  of  the
 assessment,  a  notice  of the commission's determination of such appli-
 cant's assessment. Such notice shall also contain the  statement  as  to
 the final determination of the assessment review commission, or a state-
 ment  that  the  commission  has  not yet made a determination as to the
 final assessed valuation which shall be made as soon as the  petitioners

 S. 2006--B                         148
 
 application  is reviewed or heard. If the applicants property is a prop-
 erty defined in subdivision one of section eighteen hundred two of  this
 chapter  as  "Class  1", the commissions determination shall contain the
 statement:  "If  you  are  dissatisfied  with  the  determination of the
 Assessment Review Commission and you are the owner  of  a  one,  two  or
 three family residential structure or residential real property not more
 than  three  stories  in  height  held in condominium form of ownership,
 provided that no dwelling unit therein previously was on  an  assessment
 roll as a dwelling unit in other than condominium form of ownership, and
 you  reside  at  such  residence,  you  may seek judicial review of your
 assessment either under title one of article seven of the real  property
 tax  law  or  under small claims assessment review law provided by title
 one-A of article seven of the real property tax law." Such notice  shall
 also  state that the last date to file petitions for judicial review and
 the location where small  claims  assessment  review  petitions  may  be
 obtained.
   Each  applicant that has filed an application of a property as defined
 in subdivision one of section eighteen hundred two of  this  chapter  as
 "CLASS  1-A",  "Class 2", "Class 3" or "Class 4", shall receive a notice
 as to the final determination of the assessment review commission  or  a
 statement that the commission has not yet made a determination as to the
 final  assessed valuation which shall be made as soon as the petitioners
 application is reviewed or heard. Such applicants  determinations  shall
 contain  the  statement: "If you are dissatisfied with the determination
 of the Assessment Review Commission you may seek judicial review of your
 assessment under title one of article seven of  the  real  property  tax
 law."  Such  notice shall also state the last date to file petitions for
 judicial review. A final determination when rendered shall  contain  the
 same statement. Failure to mail any such notice or failure of the appli-
 cant  to  receive  the same shall not affect the validity of the assess-
 ment.
   § 9. Paragraph (b) of subdivision 3 of section 701 of the real proper-
 ty tax law, as added by chapter 714 of the laws of 1982, is  amended  to
 read as follows:
   (b)  In  a  special  assessing  unit,  the  determination, pursuant to
 section eighteen hundred two of this chapter, of whether  real  property
 is included in class one, ONE-A, two, three or four.
   §  10. Subparagraph 2 of paragraph (a) of subdivision 3 of section 720
 of the real property tax law, as amended by chapter 679 of the  laws  of
 1986, is amended to read as follows:
   (2)  "Major  type of property" in special assessing units, for assess-
 ments on rolls completed after December thirty-first,  nineteen  hundred
 eighty-one,  shall  mean  classes  one,  ONE-A,  two,  three and four as
 defined in subdivision one of section eighteen hundred two of this chap-
 ter.
   § 11. The opening paragraph of subdivision 1 of section  1805  of  the
 real property tax law, as amended by chapter 935 of the laws of 1984, is
 amended  and  two  new  subdivisions  1-a  and  1-b are added to read as
 follows:
   The assessor of any special assessing  unit  shall  not  increase  the
 assessment  of  any  individual  parcel classified in class one OR CLASS
 ONE-A in any one year, as measured from the assessment on  the  previous
 year's  assessment roll, by more than six percent and shall not increase
 such assessment by more than twenty percent in any five-year period. The
 first such five-year  period  shall  be  measured  from  the  individual
 assessment  appearing  on  the  assessment  roll  completed  in nineteen

 S. 2006--B                         149
 
 hundred eighty; provided that if such parcel would not have been subject
 to the provisions of this subdivision in  nineteen  hundred  eighty  had
 this  subdivision  then  been in effect, the first such five-year period
 shall  be  measured from the first year after nineteen hundred eighty in
 which this subdivision applied to such parcel or would have  applied  to
 such parcel had this subdivision been in effect in such year.
   If, in respect to any individual parcel classified in class one on the
 assessment  roll  completed and applicable for the year nineteen hundred
 eighty-two, the assessment for  the  year  nineteen  hundred  eighty-one
 exceeds by more than twenty percent the assessment for the year nineteen
 hundred eighty, such assessor shall compute the actual assessments to be
 entered  on  assessment  rolls  applicable to the years nineteen hundred
 eighty-two through nineteen hundred ninety as follows:
   1-A. ASSESSMENT ROLLS COMPUTED  FOR  CLASS  ONE-A  SHALL  INCLUDE  ANY
 OUTSTANDING  PHASED-IN  INCREASES ACCRUED PRIOR TO THE EFFECTIVE DATE OF
 THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  SEVENTEEN  WHICH  ADDED  THIS
 SUBDIVISION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   1-B.  CLASS  ONE-A PARCELS SHALL BE ASSESSED IN A METHOD COMPARABLE TO
 CLASS ONE PARCELS.
   § 12. Subdivisions e and f of section 11-208.1 of  the  administrative
 code  of  the  city  of  New York, subdivision e as amended by local law
 number 41 of the city of New York for the year 1986 and subdivision f as
 amended by chapter 385 of the laws of  2006,  are  amended  to  read  as
 follows:
   e. As used in this section, the term "income-producing property" means
 property  owned  for the purpose of securing an income from the property
 itself, but shall not include property with an assessed value  of  forty
 thousand  dollars  or  less,  or  residential property containing ten or
 fewer dwelling units or property classified in class one, ONE-A  or  two
 as  defined  in article eighteen of the real property tax law containing
 six or fewer dwelling units and one retail store.
   f. Except in accordance with proper judicial  order  or  as  otherwise
 provided  by law, it shall be unlawful for the commissioner, any officer
 or employee of the  department,  the  president  or  a  commissioner  or
 employee  of  the  tax commission, any person engaged or retained by the
 department or the tax commission on an independent  contract  basis,  or
 any  person,  who, pursuant to this section, is permitted to inspect any
 income and expense statement or to whom a copy, an abstract or a portion
 of any such statement is furnished, to divulge  or  make  known  in  any
 manner  except  as  provided  in  this subdivision, the amount of income
 and/or expense or any particulars set forth or  disclosed  in  any  such
 statement  required  under this section. The commissioner, the president
 of the tax commission, or any commissioner or officer or employee of the
 department or the tax commission charged with the custody of such state-
 ments shall not be required to produce any income and expense  statement
 or evidence of anything contained in them in any action or proceeding in
 any  court,  except  on  behalf of the department or the tax commission.
 Nothing herein shall be construed to prohibit the delivery to  an  owner
 or  his or her duly authorized representative of a certified copy of any
 statement filed by such owner pursuant to this section  or  to  prohibit
 the  publication of statistics so classified as to prevent the identifi-
 cation of particular statements and the items thereof, or  making  known
 aggregate income and expense information disclosed with respect to prop-
 erty classified as class four as defined in article eighteen of the real
 property  tax law without identifying information about individual leas-
 es, or making known a range as determined  by  the  commissioner  within

 S. 2006--B                         150
 
 which the income and expenses of a property classified as CLASS ONE-A OR
 class  two  falls, or the inspection by the legal representatives of the
 department or of the tax commission of the statement of  any  owner  who
 shall  bring  an  action to correct the assessment. Any violation of the
 provisions of this subdivision shall be punished by a fine not exceeding
 one thousand dollars or by imprisonment not exceeding one year, or both,
 at the discretion of the court, and if the offender  be  an  officer  or
 employee  of the department or the tax commission, the offender shall be
 dismissed from office.
   § 13. Subdivision a of section 11-238 of the  administrative  code  of
 the  city  of New York, as amended by local law number 27 of the city of
 New York for the year 2006, is amended to read as follows:
   a. Imposition of surcharge. A real property tax  surcharge  is  hereby
 imposed  on  class  one  AND CLASS ONE-A property, as defined in section
 eighteen hundred two of the real  property  tax  law,  excluding  vacant
 land,  that  provides  rental income and is not the primary residence of
 the owner or owners of such class one OR CLASS ONE-A  property,  or  the
 primary  residence of the parent or child of such owner or owners, in an
 amount equal to zero percent of the net real property taxes  for  fiscal
 years  beginning  on  or  after July first, two thousand six. As used in
 this section, "net real  property  tax"  means  the  real  property  tax
 assessed  on  class  one  property  after deduction for any exemption or
 abatement received pursuant to the real property tax law or this title.
   § 14. Subdivisions a, a-1, a-2, a-3, a-4 and a-5 of section 11-319  of
 the  administrative  code of the city of New  York, subdivisions a, a-1,
 a-2 and a-3 as amended and subdivisions a-4 and a-5 as  added  by  local
 law  number 15 of the city of New York for the year 2011, are amended to
 read as follows:
   a. A tax lien or tax liens on a  property  or  any  component  of  the
 amount thereof may be sold by the city as authorized by subdivision b of
 this section, when such tax lien or tax liens shall have remained unpaid
 in  whole or in part for one year, provided, however, that a tax lien or
 tax liens on any class one property or on  class  [two]  ONE-A  property
 [that  is a residential condominium or residential cooperative], as such
 classes of property are defined in subdivision one of  section  eighteen
 hundred  two  of the real property tax law, may be sold by the city only
 when the real property tax component of such tax lien or tax liens shall
 have remained unpaid in whole or in part for three years or, in the case
 of any class two residential  property  owned  by  a  company  organized
 pursuant to article XI of the state private housing finance law [that is
 not  a  residential  condominium  or a residential cooperative], as such
 class of property is defined in  subdivision  one  of  section  eighteen
 hundred  two  of the real property tax law, for two years, and equals or
 exceeds the sum of five thousand dollars or, in the  case  of  abandoned
 class  one  property  or abandoned class [two] ONE-A property [that is a
 residential  condominium  or  residential  cooperative],  for   eighteen
 months,  and  after  such  sale,  shall  be  transferred,  in the manner
 provided by this chapter, and provided, further, however, that  (i)  the
 real property tax component of such tax lien may not be sold pursuant to
 this  subdivision  on any residential real property in class one that is
 receiving an exemption pursuant to section 11-245.3 or 11-245.4 of  this
 title, or pursuant to section four hundred fifty-eight of the real prop-
 erty  tax  law  with  respect  to  real property purchased with payments
 received as prisoner of war compensation from the United States  govern-
 ment,  or pursuant to paragraph (b) or (c) of subdivision two of section
 four hundred fifty-eight-a of the real property tax law,  or  where  the

 S. 2006--B                         151
 
 owner  of such residential real property in class one is receiving bene-
 fits in accordance with department of finance memorandum  05-3,  or  any
 successor  memorandum  thereto, relating to active duty military person-
 nel,  or  where the owner of such residential real property in class one
 has been allowed a credit pursuant to  subsection  (e)  of  section  six
 hundred  six  of  the tax law for the calendar year in which the date of
 the first publication, pursuant to subdivision a of  section  11-320  of
 this  chapter,  of  the  notice of sale, occurs or for the calendar year
 immediately preceding such date and  (ii)  the  sewer  rents  component,
 sewer surcharges component or water rents component of such tax lien may
 not  be  sold pursuant to this subdivision on any one family residential
 real property in class one or on any two  or  three  family  residential
 real  property  in  class one that is receiving an exemption pursuant to
 section 11-245.3 or 11-245.4 of this title, or pursuant to section  four
 hundred  fifty-eight  of  the real property tax law with respect to real
 property purchased with payments received as  prisoner  of  war  compen-
 sation  from  the United States government, or pursuant to paragraph (b)
 or (c) of subdivision two of section four hundred fifty-eight-a  of  the
 real  property  tax  law,  or where the owner of any two or three family
 residential real property in class one is receiving benefits in  accord-
 ance  with department of finance memorandum 05-3, or any successor memo-
 randum thereto, relating to active duty military personnel, or where the
 owner of any two or three family residential real property in class  one
 has  been  allowed  a  credit  pursuant to subsection (e) of section six
 hundred six of the tax law for the calendar year in which  the  date  of
 the  first  publication,  pursuant to subdivision a of section 11-320 of
 this chapter, of the notice of sale, occurs or  for  the  calendar  year
 immediately preceding such date. A tax lien or tax liens on any property
 classified as a class two property, except [a class two property that is
 a  residential  condominium  or residential cooperative, or] a class two
 residential property owned by a company organized pursuant to article XI
 of the state private housing finance law  [that  is  not  a  residential
 condominium  or  a residential cooperative], or class three property, as
 such classes of property are defined in subdivision one of section eigh-
 teen hundred two of the real property tax law, shall not be sold by  the
 city  unless  such  tax  lien  or  tax liens include a real property tax
 component as of the date of the first publication, pursuant to  subdivi-
 sion  a  of  section  11-320  of  this  chapter,  of the notice of sale.
 Notwithstanding any provision of this subdivision to the  contrary,  any
 such  tax lien or tax liens that remain unpaid in whole or in part after
 such date may be sold regardless of whether such tax lien or  tax  liens
 include  a  real  property  tax  component. A tax lien or tax liens on a
 property classified as a class four property, as such class of  property
 is  defined  in  subdivision  one of section eighteen hundred two of the
 real property tax law, shall not be sold by the  city  unless  such  tax
 lien  or  tax liens include a real property tax component or sewer rents
 component or sewer surcharges component  or  water  rents  component  or
 emergency  repair charges component, where such emergency repair charges
 accrued on or after January first, two thousand six and are made a  lien
 pursuant  to  section  27-2144 of this code, as of the date of the first
 publication, pursuant to subdivision a of section 11-320 of  this  chap-
 ter,  of the notice of sale, provided, however, that any tax lien or tax
 liens that remain unpaid in whole or in part after such date may be sold
 regardless of whether such tax lien or tax liens include a real property
 tax component, sewer rents component, sewer surcharges component,  water
 rents  component  or emergency repair charges component. For purposes of

 S. 2006--B                         152
 
 this subdivision, the words "real property tax"  shall  not  include  an
 assessment or charge upon property imposed pursuant to section 25-411 of
 the  administrative  code.  A  sale  of  a  tax  lien or tax liens shall
 include,  in addition to such lien or liens that have remained unpaid in
 whole or in part for one year, or, in the case of any class one property
 or class [two] ONE-A property [that  is  a  residential  condominium  or
 residential  cooperative],  when the real property tax component of such
 lien or liens has remained unpaid in whole or in part for  three  years,
 or, in the case of any class two residential property owned by a company
 organized  pursuant  to  article XI of the state private housing finance
 law [that is not a residential  condominium  or  a  residential  cooper-
 ative],  when  the real property tax component of such lien or liens has
 remained unpaid in whole or in part for two years, and equals or exceeds
 the sum of five thousand dollars, any taxes, assessments,  sewer  rents,
 sewer  surcharges,  water  rents, any other charges that are made a lien
 subject to the provisions of this chapter, the costs of  any  advertise-
 ments and notices given pursuant to this chapter, any other charges that
 are  due  and  payable,  a  surcharge pursuant to section 11-332 of this
 chapter, and interest and penalties thereon or  such  component  of  the
 amount  thereof  as  shall be determined by the commissioner of finance.
 The commissioner of finance may promulgate  rules  defining  "abandoned"
 property, as such term is used in this subdivision.
   a-1. A subsequent tax lien or tax liens on a property or any component
 of  the amount thereof may be sold by the city pursuant to this chapter,
 provided, however, that notwithstanding any provision in this chapter to
 the contrary, such tax lien or tax  liens  may  be  sold  regardless  of
 whether  such  tax lien or tax liens have remained unpaid in whole or in
 part for one year and, notwithstanding any provision in this chapter  to
 the contrary, in the case of any class one property or class [two] ONE-A
 property  [that is a residential condominium or residential cooperative]
 or, beginning January first, two thousand twelve, in  the  case  of  any
 class  two residential property owned by a company organized pursuant to
 article XI of the state private housing finance law [that is not a resi-
 dential condominium or a residential cooperative], such tax lien or  tax
 liens may be sold if the real property tax component of such tax lien or
 tax  liens  has  remained  unpaid  in whole or in part for one year, and
 provided, further, however, that (i) the real property tax component  of
 such  tax lien may not be sold pursuant to this subdivision on any resi-
 dential real property in class one that is receiving an exemption pursu-
 ant to section 11-245.3 or  11-245.4  of  this  title,  or  pursuant  to
 section  four  hundred  fifty-eight  of  the  real property tax law with
 respect to real property purchased with payments received as prisoner of
 war compensation from the United States government, or pursuant to para-
 graph  (b)  or  (c)  of  subdivision  two  of   section   four   hundred
 fifty-eight-a  of  the real property tax law, or where the owner of such
 residential real property in class one is receiving benefits in  accord-
 ance  with department of finance memorandum 05-3, or any successor memo-
 randum thereto, relating to active duty military personnel, or where the
 owner of such residential real property in class one has been allowed  a
 credit  pursuant to subsection (e) of section six hundred six of the tax
 law for the calendar year in which the date of  the  first  publication,
 pursuant  to  subdivision  a  of  section 11-320 of this chapter, of the
 notice of sale, occurs or for the calendar  year  immediately  preceding
 such date and (ii) the sewer rents component, sewer surcharges component
 or  water  rents  component of such tax lien may not be sold pursuant to
 this subdivision on any one family residential real  property  in  class

 S. 2006--B                         153
 
 one or on any two or three family residential real property in class one
 that  is receiving an exemption pursuant to section 11-245.3 or 11-245.4
 of this title, or pursuant to section four hundred  fifty-eight  of  the
 real  property  tax  law  with  respect  to real property purchased with
 payments received as prisoner of war compensation from the United States
 government, or pursuant to paragraph (b) or (c) of  subdivision  two  of
 section  four  hundred  fifty-eight-a  of  the real property tax law, or
 where the owner of any two or three family residential real property  in
 class one is receiving benefits in accordance with department of finance
 memorandum 05-3, or any successor memorandum thereto, relating to active
 duty  military  personnel, or where the owner of any two or three family
 residential real property in class one has been allowed a credit  pursu-
 ant  to subsection (e) of section six hundred six of the tax law for the
 calendar year in which the date of the first  publication,  pursuant  to
 subdivision  a of section 11-320 of this chapter, of the notice of sale,
 occurs or for the calendar year immediately  preceding  such  date.  For
 purposes  of  this  subdivision,  the  term  "subsequent tax lien or tax
 liens" shall mean any tax lien or tax liens on property that become such
 on or after the date of sale of any tax lien or tax liens on such  prop-
 erty  that  have  been  sold pursuant to this chapter, provided that the
 prior tax lien or tax liens remain unpaid as of the date  of  the  first
 publication,  pursuant  to subdivision a of section 11-320 of this chap-
 ter, of the notice of sale of the subsequent tax lien or tax liens.    A
 subsequent  tax  lien or tax liens on any property classified as a class
 two property, except [a class two property that is a residential  condo-
 minium  or residential cooperative, or] a class two residential property
 owned by a company organized pursuant to article XI of the state private
 housing finance law [that is not a residential condominium or a residen-
 tial cooperative], or class three property, as such classes of  property
 are  defined  in  subdivision one of section eighteen hundred two of the
 real property tax law, shall not be sold by the  city  unless  such  tax
 lien  or  tax liens include a real property tax component as of the date
 of the first publication, pursuant to subdivision a of section 11-320 of
 this chapter, of the notice of sale. Notwithstanding  any  provision  of
 this  subdivision  to  the contrary, any such tax lien or tax liens that
 remain unpaid in whole or in part after such date may be sold regardless
 of whether such tax lien or tax liens include a real property tax compo-
 nent. A subsequent tax lien or tax liens on a property classified  as  a
 class four property, as such class of property is defined in subdivision
 one  of section eighteen hundred two of the real property tax law, shall
 not be sold by the city unless such tax lien or tax liens include a real
 property tax component or sewer  rents  component  or  sewer  surcharges
 component  or  water  rents component or emergency repair charges compo-
 nent, where such emergency repair charges accrued on  or  after  January
 first,  two thousand six and are made a lien pursuant to section 27-2144
 of this code, as of the date  of  the  first  publication,  pursuant  to
 subdivision  a of section 11-320 of this chapter, of the notice of sale,
 provided, however, that any tax lien or tax liens that remain unpaid  in
 whole  or in part after such date may be sold regardless of whether such
 tax lien or tax liens include a real property tax component, sewer rents
 component, sewer surcharges component, water rents component or emergen-
 cy repair charges component. For purposes of this subdivision, the words
 "real property tax" shall not include an assessment or charge upon prop-
 erty imposed pursuant to section  25-411  of  the  administrative  code.
 Nothing  in  this  subdivision  shall  be  deemed  to  limit  the rights

 S. 2006--B                         154
 
 conferred by section 11-332 of this chapter on the holder of a tax  lien
 certificate with respect to a subsequent tax lien.
   a-2.  In  addition to any sale authorized pursuant to subdivision a or
 subdivision a-1 of this section and  notwithstanding  any  provision  of
 this  chapter to the contrary, beginning on December first, two thousand
 seven, the water rents, sewer rents and sewer surcharges  components  of
 any  tax  lien  on  any class of real property, as such real property is
 classified in subdivision one of section eighteen  hundred  two  of  the
 real property tax law, may be sold by the city pursuant to this chapter,
 where  such  water  rents,  sewer rents or sewer surcharges component of
 such tax lien, as of the date of  the  first  publication,  pursuant  to
 subdivision  a of section 11-320 of this chapter, of the notice of sale:
 (i) shall have remained unpaid in whole or in part for one year and (ii)
 equals or exceeds the sum of one thousand dollars or, beginning on March
 first, two thousand eleven, in the case of any two or three family resi-
 dential real property in class one, for one year, and equals or  exceeds
 the  sum  of  two  thousand dollars, or, beginning on January first, two
 thousand twelve, in the case of any class two residential property owned
 by a company organized pursuant to article XI of the state private hous-
 ing finance law [that is not a residential condominium or a  residential
 cooperative], as such class of property is defined in subdivision one of
 section  eighteen  hundred  two  of  the  real property tax law, for two
 years, and equals to exceeds the sum of five thousand dollars; provided,
 however, that such water rents, sewer rents or sewer  surcharges  compo-
 nent  of  such  tax lien may not be sold pursuant to this subdivision on
 any one family residential real property in class one or on any  two  or
 three family residential real property in class one that is receiving an
 exemption  pursuant  to  section  11-245.3 or 11-245.4 of this title, or
 pursuant to section four hundred fifty-eight of the  real  property  tax
 law  with  respect  to real property purchased with payments received as
 prisoner of war compensation  from  the  United  States  government,  or
 pursuant  to  paragraph  (b)  or  (c) of subdivision two of section four
 hundred fifty-eight-a of the real property tax law, or where  the  owner
 of  any  two  or  three family residential real property in class one is
 receiving benefits in accordance with department of  finance  memorandum
 05-3, or any successor memorandum thereto, relating to active duty mili-
 tary  personnel,  or where the owner of any two or three family residen-
 tial real property in class one has been allowed a  credit  pursuant  to
 subsection  (e) of section six hundred six of the tax law for the calen-
 dar year in which the date of the first publication, pursuant to  subdi-
 vision  a  of  section  11-320  of  this chapter, of the notice of sale,
 occurs or for the calendar year immediately preceding such  date.  After
 such  sale, any such water rents, sewer rents or sewer surcharges compo-
 nent of such tax lien may be transferred in the manner provided by  this
 chapter.
   a-3.  In  addition to any sale authorized pursuant to subdivision a or
 subdivision a-1 of this section and  notwithstanding  any  provision  of
 this  chapter to the contrary, beginning on December first, two thousand
 seven, a subsequent tax lien on any class of real property, as such real
 property is classified in subdivision one of  section  eighteen  hundred
 two  of  the  real property tax law, may be sold by the city pursuant to
 this chapter, regardless of whether such subsequent  tax  lien,  or  any
 component  of the amount thereof, shall have remained unpaid in whole or
 in part for one year, and regardless  of  whether  such  subsequent  tax
 lien,  or any component of the amount thereof, equals or exceeds the sum
 of one thousand dollars or beginning on March first, two thousand  elev-

 S. 2006--B                         155
 
 en,  in the case of any two or three family residential real property in
 class one, a subsequent tax lien on such property may  be  sold  by  the
 city pursuant to this chapter, regardless of whether such subsequent tax
 lien, or any component of the amount thereof, shall have remained unpaid
 in  whole or in part for one year, and regardless of whether such subse-
 quent tax lien, or any  component  of  the  amount  thereof,  equals  or
 exceeds the sum of two thousand dollars, or, beginning on January first,
 two  thousand  twelve, in the case of any class two residential property
 owned by a company organized pursuant to article XI of the state private
 housing finance law [that is not a residential condominium or a residen-
 tial cooperative], as such class of property is defined  in  subdivision
 one  of  section  eighteen  hundred  two of the real property tax law, a
 subsequent tax lien on such property may be sold by the city pursuant to
 this chapter, regardless of whether such subsequent  tax  lien,  or  any
 component  of the amount thereof, shall have remained unpaid in whole or
 in part for two years, and regardless of  whether  such  subsequent  tax
 lien,  or any component of the amount thereof, equals or exceeds the sum
 of five thousand dollars; provided, however, that  such  subsequent  tax
 lien  may  not  be  sold  pursuant to this subdivision on any one family
 residential real property in class one or on any  two  or  three  family
 residential  real  property  in class one that is receiving an exemption
 pursuant to section 11-245.3 or 11-245.4 of this title, or  pursuant  to
 section  four  hundred  fifty-eight  of  the  real property tax law with
 respect to real property purchased with payments received as prisoner of
 war compensation from the United States government, or pursuant to para-
 graph  (b)  or  (c)  of  subdivision  two  of   section   four   hundred
 fifty-eight-a  of  the  real property tax law, or where the owner of any
 two or three family residential real property in class one is  receiving
 benefits  in  accordance  with department of finance memorandum 05-3, or
 any successor memorandum  thereto,  relating  to  active  duty  military
 personnel,  or  where  the  owner of any two or three family residential
 real property in class  one  has  been  allowed  a  credit  pursuant  to
 subsection  (e) of section six hundred six of the tax law for the calen-
 dar year in which the date of the first publication, pursuant to  subdi-
 vision  a  of  section  11-320  of  this chapter, of the notice of sale,
 occurs or for the calendar year immediately preceding such  date.  After
 such  sale, any such subsequent tax lien, or any component of the amount
 thereof, may be transferred in the manner provided by this chapter.  For
 purposes  of this subdivision, the term "subsequent tax lien" shall mean
 the water rents, sewer rents or sewer surcharges component  of  any  tax
 lien  on  property that becomes such on or after the date of sale of any
 water rents, sewer rents or sewer surcharges component of any  tax  lien
 on  such  property that has been sold pursuant to this chapter, provided
 that the prior tax lien remains unpaid as  of  the  date  of  the  first
 publication,  pursuant  to subdivision a of section 11-320 of this chap-
 ter, of the notice of sale of the subsequent tax lien. Nothing  in  this
 subdivision  shall  be  deemed  to limit the rights conferred by section
 11-332 of this chapter on the holder of  a  tax  lien  certificate  with
 respect to a subsequent tax lien.
   a-4.  In  addition  to  any sale authorized pursuant to subdivision a,
 a-1, a-2 or a-3 of this section and  notwithstanding  any  provision  of
 this  chapter  to  the  contrary, beginning on March first, two thousand
 eleven, the emergency repair charges component or  alternative  enforce-
 ment  expenses  and  fees component, where such emergency repair charges
 accrued on or after January first, two thousand six and are made a  lien
 pursuant  to  section  27-2144  of  this code, or where such alternative

 S. 2006--B                         156
 
 enforcement expenses and fees  are  made  a  lien  pursuant  to  section
 27-2153  of this code, of any tax lien on any class of real property, as
 such real property is defined in subdivision  one  of  section  eighteen
 hundred two of the real property tax law, may be sold by the city pursu-
 ant  to  this  chapter, where such emergency repair charges component or
 alternative enforcement expenses and fees component of such tax lien, as
 of the date of the first  publication,  pursuant  to  subdivision  a  of
 section  11-320  of  this chapter, of the notice of sale: (i) shall have
 remained unpaid in whole or in part for one year,  and  (ii)  equals  or
 exceeds  the sum of one thousand dollars or, beginning on January first,
 two thousand twelve, in the case of any class two  residential  property
 owned by a company organized pursuant to article XI of the state private
 housing finance law [that is not a residential condominium or a residen-
 tial  cooperative],  as such class of property is defined in subdivision
 one of section eighteen hundred two of the real property  tax  law,  for
 two  years,  and  equals  or  exceeds  the sum of five thousand dollars;
 provided, however, that  such  emergency  repair  charges  component  or
 alternative enforcement expenses and fees component of such tax lien may
 not be sold pursuant to this subdivision on any one, two or three family
 residential  real  property in class one, except a three family residen-
 tial property in class  one  where  such  property  is  subject  to  the
 provisions  of section 27-2153 of this code and is not the primary resi-
 dence of the owner.  After such sale, any such emergency repair  charges
 component or alternative enforcement expenses and fees component of such
 tax lien may be transferred in the manner provided by this chapter.
   a-5.  In  addition  to  any sale authorized pursuant to subdivision a,
 a-1, a-2 or a-3 of this section and  notwithstanding  any  provision  of
 this  chapter  to  the  contrary, beginning on March first, two thousand
 eleven, a subsequent tax lien on any class of real property,  or  begin-
 ning  on January first, two thousand twelve in the case of any class two
 residential property owned by a company organized pursuant to article XI
 of the state private housing finance law  [that  is  not  a  residential
 condominium or a residential cooperative], a subsequent tax lien on such
 property,  may  be sold by the city pursuant to this chapter, regardless
 of the length of time such subsequent tax lien, or any component of  the
 amount thereof, shall have remained unpaid, and regardless of the amount
 of  such  subsequent  tax lien. After such sale, any such subsequent tax
 lien, or any component of the amount thereof, may be transferred in  the
 manner  provided  by this chapter. For purposes of this subdivision, the
 term "subsequent tax lien"  shall  mean  the  emergency  repair  charges
 component  or alternative enforcement expenses and fees component, where
 such emergency repair charges accrued on or  after  January  first,  two
 thousand  six  and  are  made a lien pursuant to section 27-2144 of this
 code, or where such alternative enforcement expenses and fees are made a
 lien pursuant to section 27-2153 of this code, of any tax lien on  prop-
 erty  that  becomes  such  on or after the date of sale of any emergency
 repair charges component or alternative enforcement  expenses  and  fees
 component,  of any tax lien on such property that has been sold pursuant
 to this chapter, provided that the prior tax lien remains unpaid  as  of
 the  date of the first publication, pursuant to subdivision a of section
 11-320 of this chapter, of the notice of  sale  of  the  subsequent  tax
 lien.  Nothing  in  this subdivision shall be deemed to limit the rights
 conferred by section 11-332 of this chapter on the holder of a tax  lien
 certificate with respect to a subsequent tax lien.
   §  15.   Subparagraph (i) of paragraph 2 of subdivision b and subpara-
 graph (ii) of paragraph 1 of subdivision h  of  section  11-320  of  the

 S. 2006--B                         157
 
 administrative  code  of the city of New York, subparagraph (i) of para-
 graph 2 of subdivision b as amended by local law number 147 of the  city
 of  New  York  for the year 2013 and subparagraph (ii) of paragraph 1 of
 subdivision  h  as  added by local law number 15 of the city of New York
 for the year 2011, are amended to read as follows:
   (i) Such notices shall also include,  with  respect  to  any  property
 owner in class one, CLASS ONE-A or class two, as such classes of proper-
 ty are defined in subdivision one of section eighteen hundred two of the
 real property tax law, an exemption eligibility checklist. The exemption
 eligibility checklist shall also be posted on the website of the depart-
 ment no later than the first business day after March fifteenth of every
 year  prior to the date of sale, and shall continue to be posted on such
 website until ten days prior to the date of sale.  Within  ten  business
 days of receipt of a completed exemption eligibility checklist from such
 property  owner,  provided that such receipt occurs prior to the date of
 sale of any tax lien or tax liens on his or her property, the department
 of finance shall review such checklist to determine, based on the infor-
 mation provided by the property owner, whether such property owner could
 be eligible for any exemption, credit or other benefit that would  enti-
 tle  them  to  be  excluded  from a tax lien sale and, if the department
 determines that such property owner  could  be  eligible  for  any  such
 exemption,  credit  or  other benefit, shall mail such property owner an
 application for the appropriate exemption, credit or other benefit.  If,
 within  twenty  business  days  of  the  date the department mailed such
 application, the department has not  received  a  completed  application
 from  such property owner, the department shall mail such property owner
 a second application, and shall telephone the  property  owner,  if  the
 property owner has included his or her telephone number on the exemption
 eligibility checklist.
   (ii)  all  class two residential property owned by a company organized
 pursuant to article XI of the state private housing finance law [that is
 not a residential condominium or a residential cooperative] on which any
 tax lien has been sold pursuant to subdivision a, a-2 or a-4 of  section
 11-319 of this title.
   §  16. Subdivision (a) of section 11-354 of the administrative code of
 the city of New York, as amended by local law number 37 of the  city  of
 New York for the year 1996, is amended to read as follows:
   (a) Notwithstanding any other provision of law and notwithstanding any
 omission  to  hold  a tax lien sale, whenever any tax, assessment, sewer
 rent, sewer surcharge, water rent,  any  charge  that  is  made  a  lien
 subject to the provisions of this chapter or chapter four of this title,
 or  interest and penalties thereon, has been due and unpaid for a period
 of at least one year from the date on which the tax, assessment or other
 legal charge represented thereby became a lien, or in the  case  of  any
 class one property or any class [two] ONE-A property [that is a residen-
 tial condominium or residential cooperative], as such classes of proper-
 ty are defined in subdivision one of section eighteen hundred two of the
 real  property tax law, or in the case of a multiple dwelling owned by a
 company organized pursuant to article XI of the private housing  finance
 law with the consent and approval of the department of housing preserva-
 tion and development, for a period of at least three years from the date
 on  which  the  tax, assessment or other legal charge became a lien, the
 city, as owner of a tax lien, may maintain  an  action  in  the  supreme
 court  to  foreclose  such  lien.  Such  action shall be governed by the
 procedures set forth in section 11-335 of this chapter; provided, howev-
 er, that such parcel shall only  be  sold  to  the  highest  responsible

 S. 2006--B                         158
 
 bidder. Such purchaser shall be deemed qualified as a responsible bidder
 pursuant to such criteria as are established in rules promulgated by the
 commissioner  of  finance  after  consultation  with the commissioner of
 housing preservation and development.
   §  17. The opening paragraph of subdivision 4 of section 11-401 of the
 administrative code of the city of New  York,  as  added  by  local  law
 number  37 of the city of New York for the year 1996, is amended to read
 as follows:
   "Distressed property." Any parcel of class one, CLASS ONE-A  or  class
 two  real property that is subject to a tax lien or liens with a lien or
 liens to value ratio, as determined  by  the  commissioner  of  finance,
 equal  to  or  greater  than  fifteen  percent and that meets one of the
 following two criteria:
   § 18. Subdivisions a and b of section 11-401.1 of  the  administrative
 code  of  the  city  of New York, as added by local law number 37 of the
 city of New York for the year 1996, are amended to read as follows:
   a. The commissioner of finance shall, not less than sixty days preced-
 ing the date of the sale of a tax lien  or  tax  liens,  submit  to  the
 commissioner  of  housing  preservation and development a description by
 block and lot, or by such other identification as  the  commissioner  of
 finance may deem appropriate, of any parcel of class one, CLASS ONE-A or
 class  two  real property on which there is a tax lien that may be fore-
 closed by the city. The commissioner of housing preservation and  devel-
 opment shall determine, and direct the commissioner of finance, not less
 than ten days preceding the date of the sale of a tax lien or tax liens,
 whether  any such parcel is a distressed property as defined in subdivi-
 sion four of section 11-401 of this chapter. Any tax lien on a parcel so
 determined to be a distressed property shall not  be  included  in  such
 sale.  In  connection with a subsequent sale of a tax lien or tax liens,
 the commissioner of finance may, not less than sixty days preceding  the
 date  of  the sale, resubmit to the commissioner of housing preservation
 and development a description by block and lot, or by such  other  iden-
 tification  as  the commissioner of finance may deem appropriate, of any
 parcel of class one, CLASS ONE-A or class two  real  property  that  was
 previously determined to be a distressed property pursuant to this para-
 graph  and  on  which  there  is a tax lien that may be included in such
 sale. The commissioner of housing  preservation  and  development  shall
 determine,  and  direct  the  commissioner of finance, not less than ten
 days preceding the date of the  sale,  whether  such  parcel  remains  a
 distressed  property.  If  the  commissioner of housing preservation and
 development determines that the parcel is  not  a  distressed  property,
 then the tax lien on the parcel may be included in the sale.
   b.  The commissioner of housing preservation and development may peri-
 odically review whether a parcel of class one, CLASS ONE-A or class  two
 real property that is subject to subdivision c of this section or subdi-
 vision  j of section 11-412.1 of this chapter remains a distressed prop-
 erty. If the commissioner determines that the parcel is not a distressed
 property as defined in subdivision four of section 11-401 of this  chap-
 ter, then the parcel shall not be subject to such subdivisions.
   §  19.  Subdivision  b of section 11-404 of the administrative code of
 the city of New York, as amended by local law number 37 of the  city  of
 New York for the year 1996, is amended to read as follows:
   b. A tax lien on any class one property or any class [two] ONE-A prop-
 erty  [that is a residential condominium or residential cooperative], as
 such classes of property are defined in subdivision one of section eigh-
 teen hundred two of the real property  tax  law,  and  on  any  multiple

 S. 2006--B                         159
 
 dwelling  owned  by  a  company  organized pursuant to article XI of the
 private housing finance law with the consent and approval of the depart-
 ment of housing preservation and development, shall not be foreclosed in
 the manner provided in this chapter until such tax lien has been due and
 unpaid  for  a period of at least three years from the date on which the
 tax, assessment or other legal charge represented thereby became a lien.
   § 20. Paragraph 5 of subdivision c of section 11-405 of  the  adminis-
 trative code of the city of New York, as added by local law number 37 of
 the city of New York for the year 1996, is amended to read as follows:
   (5)  Notwithstanding  paragraph one, two or three of this subdivision,
 with respect to installment agreements duly made, executed and filed  on
 or after the date on which this paragraph takes effect, the commissioner
 of  finance  may  also  exclude  or thereafter remove from such list any
 parcel of class one, CLASS ONE-A or class two real property, other  than
 a parcel described in paragraph four of this subdivision, as to which an
 agreement  has been duly made, executed and filed with such commissioner
 for the payment of the delinquent  taxes,  assessments  or  other  legal
 charges,  and  the  interest and penalties thereon, in installments. The
 first installment thereof shall be paid upon the filing of the  install-
 ment  agreement with the commissioner and shall be in an amount equal to
 not less than fifteen percent of the total  amount  of  such  delinquent
 taxes, assessments or other legal charges and the interest and penalties
 thereon.  The remaining installments, which shall be twice the number of
 unpaid quarters of real estate taxes  or  the  equivalent  thereof,  but
 which  shall  in  no event exceed thirty-two in number, shall be payable
 quarterly on the first days of July, October, January and April. For the
 purposes of calculating  the  number  of  such  remaining  installments,
 unpaid  real estate taxes that are due and payable on other than a quar-
 terly basis shall be deemed to be payable on a quarterly basis.
   § 21. Section 581 of the real property tax law is REPEALED.
   § 22. Subdivision 1 of section 339-y of  the  real  property  law,  as
 amended  by  chapter 218 of the laws of 1986, subparagraph (ii) of para-
 graph (d) as amended by chapter 223 of the laws of 1989,  paragraph  (e)
 as  added  by chapter 135 of the laws of 1996 and paragraph (f) as added
 by chapter 293 of the laws of 1997, is amended to read as follows:
   1. (a) With respect to all property submitted  to  the  provisions  of
 this  article  other  than  property which is the subject of a qualified
 leasehold condominium, each unit and its common interest, not  including
 any  personal  property,  shall  be  deemed  to be a parcel and shall be
 subject to separate assessment and  taxation  by  each  assessing  unit,
 school  district, special district, county or other taxing unit, for all
 types of taxes authorized by law including but not limited to special ad
 valorem levies and special assessments, except that the foregoing  shall
 not  apply to a unit held under lease or sublease unless the declaration
 requires the unit owner to pay  all  taxes  attributable  to  his  unit.
 Neither  the building, the property nor any of the common elements shall
 be deemed to be a parcel.
   (b) [In no event shall the aggregate of the assessment  of  the  units
 plus  their  common interests exceed the total valuation of the property
 were the property assessed as a parcel.
   (c)] For the purposes of this and  the  next  succeeding  section  the
 terms  "assessing  unit",  "assessment",  "parcel",  "special ad valorem
 levy", "special assessment", "special district", "taxation" and  "taxes"
 shall have the meanings specified in section one hundred two of the real
 property tax law.

 S. 2006--B                         160
 
   [(d)  The  provisions  of  paragraph (b) of this subdivision shall not
 apply to such real property classified within:
   (i) on and after January first, nineteen hundred eighty-six, class one
 of  section one thousand eight hundred two of the real property tax law;
 or
   (ii) on and after January first,  nineteen  hundred  eighty-four,  the
 homestead  class  of  an  approved  assessing unit which has adopted the
 provisions of section one thousand nine hundred three of the real  prop-
 erty  tax law, or the homestead class of the portion outside an approved
 assessing unit of an eligible split school district  which  has  adopted
 the  provisions of section nineteen hundred three-a of the real property
 tax law; provided, however, that, in an approved  assessing  unit  which
 adopted the provisions of section one thousand nine hundred three of the
 real  property  tax law prior to the effective date of this subdivision,
 paragraph (b) of this subdivision shall apply to all such real  property
 (i) which is classified within the homestead class pursuant to paragraph
 one  of  subdivision (e) of section one thousand nine hundred one of the
 real property tax law and (ii) which, regardless of classification,  was
 on  the  assessment roll prior to the effective date of this subdivision
 unless the governing body of such approved assessing  unit  provides  by
 local  law  adopted  after a public hearing, prior to the taxable status
 date of such assessing unit next occurring after December  thirty-first,
 nineteen  hundred  eighty-three, that such paragraph (b) shall not apply
 to such real property to which this clause  applies.  Provided  further,
 however,  real  property  subject to the provisions of this subparagraph
 shall be assessed pursuant to subdivision two of  section  five  hundred
 eighty-one of the real property tax law.
   (e)] (C) On the first assessment roll with a taxable status date on or
 after the effective date of a declaration filed with the recording offi-
 cer  and  on  every assessment roll thereafter, the assessor shall enter
 each unit as a parcel, as provided in paragraph (a) of this subdivision,
 based upon the condition and ownership of each such unit on  the  appro-
 priate  valuation  and  taxable status dates. Units owned by a developer
 may be entered as a single parcel with a parcel description  correspond-
 ing  to  the  entire development, including the land under such develop-
 ment, and excluding those units appearing  separately.  Upon  the  first
 assessment roll where each unit is separately assessed, only an individ-
 ual unit and its common interest shall constitute a parcel.
   [(f)  The  provisions  of  paragraph (b) of this subdivision shall not
 apply to a converted condominium unit in a municipal  corporation  other
 than  a  special assessing unit, which has adopted, prior to the taxable
 status date of the assessment roll upon which its taxes will be  levied,
 a  local  law or, for a school district, a resolution providing that the
 provisions of paragraph (b) of this subdivision shall  not  apply  to  a
 converted  condominium  unit  within  that  municipal  corporation.    A
 converted condominium unit for purposes of this paragraph shall  mean  a
 dwelling  unit held in condominium form of ownership that has previously
 been on an assessment roll as a dwelling unit in other than  condominium
 form of ownership, and has not been previously subject to the provisions
 of paragraph (b) of this subdivision.]
   § 23. This act shall take effect on the first of January next succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 assessment rolls prepared pursuant to a taxable status date occurring on
 or after such date; provided, however, that effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary

 S. 2006--B                         161
 
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.
 
                                  PART JJ
 
   Section  1.  Paragraph (a) of subdivision 3 of section 467 of the real
 property tax law, as amended by chapter 259 of  the  laws  of  2009,  is
 amended to read as follows:
   (a) if the income of the owner or the combined income of the owners of
 the  property  for the income tax year immediately preceding the date of
 making application for exemption  exceeds  the  sum  of  three  thousand
 dollars, or such other sum not less than three thousand dollars nor more
 than twenty-six thousand dollars beginning July first, two thousand six,
 twenty-seven  thousand dollars beginning July first, two thousand seven,
 twenty-eight thousand dollars beginning July first, two thousand  eight,
 [and]  twenty-nine  thousand  dollars beginning July first, two thousand
 nine, AND FIFTY THOUSAND DOLLARS  BEGINNING  JULY  FIRST,  TWO  THOUSAND
 SEVENTEEN,  as may be provided by the local law, ordinance or resolution
 adopted pursuant to this section. Income tax year shall mean the  twelve
 month  period  for  which  the  owner or owners filed a federal personal
 income tax return, or if no such return is  filed,  the  calendar  year.
 Where  title is vested in either the husband or the wife, their combined
 income may not exceed such sum, except where the  husband  or  wife,  or
 ex-husband or ex-wife is absent from the property as provided in subpar-
 agraph  (ii)  of paragraph (d) of this subdivision, then only the income
 of the spouse or ex-spouse residing on the property shall be  considered
 and  may  not exceed such sum. Such income shall include social security
 and retirement benefits, interest, dividends, total gain from  the  sale
 or  exchange  of  a capital asset which may be offset by a loss from the
 sale or exchange of a capital asset in the same  income  tax  year,  net
 rental  income, salary or earnings, and net income from self-employment,
 but shall not include a return of capital, gifts, inheritances, payments
 made to individuals because of their status as victims  of  Nazi  perse-
 cution,  as  defined in P.L. 103-286 or monies earned through employment
 in the federal foster grandparent program and any such income  shall  be
 offset by all medical and prescription drug expenses actually paid which
 were  not reimbursed or paid for by insurance, if the governing board of
 a municipality, after a public hearing, adopts a local law, ordinance or
 resolution providing therefor.    Furthermore,  such  income  shall  not
 include  the  proceeds  of  a reverse mortgage, as authorized by section
 six-h of the banking law,  and  sections  two  hundred  eighty  and  two
 hundred  eighty-a  of  the  real  property  law; provided, however, that
 monies used to repay a reverse mortgage may not be deducted from income,
 and provided additionally that any interest or dividends  realized  from
 the  investment of reverse mortgage proceeds shall be considered income.
 The provisions of this paragraph notwithstanding, such income shall  not
 include  veterans disability compensation, as defined in Title 38 of the
 United States Code provided the governing board  of  such  municipality,
 after  public  hearing,  adopts  a  local  law,  ordinance or resolution
 providing therefor.  In computing net rental income and net income  from
 self-employment  no  depreciation  deduction  shall  be  allowed for the
 exhaustion, wear and tear of real or  personal  property  held  for  the
 production of income;
   § 2. Paragraph (a) of subdivision 5 of section 459-c of the real prop-
 erty  tax law, as separately amended by chapters 187 and 252 of the laws
 of 2006, is amended to read as follows:

 S. 2006--B                         162
 
   (a) if the income of the owner or the combined income of the owners of
 the property for the income tax year immediately preceding the  date  of
 making  application  for  exemption  exceeds  the  sum of three thousand
 dollars, or such other sum not less than three thousand dollars nor more
 than twenty-six thousand dollars beginning July first, two thousand six,
 twenty-seven  thousand dollars beginning July first, two thousand seven,
 twenty-eight thousand dollars beginning July first, two thousand  eight,
 [and]  twenty-nine  thousand  dollars beginning July first, two thousand
 nine, AND FIFTY THOUSAND DOLLARS  BEGINNING  JULY  FIRST,  TWO  THOUSAND
 SEVENTEEN,  as  may  be  provided by the local law or resolution adopted
 pursuant to this section. Income tax year shall mean  the  twelve  month
 period for which the owner or owners filed a federal personal income tax
 return, or if no such return is filed, the calendar year. Where title is
 vested  in either the husband or the wife, their combined income may not
 exceed such sum, except where the husband  or  wife,  or  ex-husband  or
 ex-wife  is absent from the property due to divorce, legal separation or
 abandonment, then only the income of the spouse or ex-spouse residing on
 the property shall be considered and  may  not  exceed  such  sum.  Such
 income  shall include social security and retirement benefits, interest,
 dividends, total gain from the sale or exchange of a capital asset which
 may be offset by a loss from the sale or exchange of a capital asset  in
 the same income tax year, net rental income, salary or earnings, and net
 income  from self-employment, but shall not include a return of capital,
 gifts, inheritances or monies earned through employment in  the  federal
 foster  grandparent  program  and any such income shall be offset by all
 medical and prescription drug expenses  actually  paid  which  were  not
 reimbursed or paid for by insurance, if the governing board of a munici-
 pality, after a public hearing, adopts a local law or resolution provid-
 ing  therefor.  In computing net rental income and net income from self-
 employment  no  depreciation  deduction  shall  be   allowed   for   the
 exhaustion,  wear  and  tear  of  real or personal property held for the
 production of income;
   § 3. This act shall take effect immediately.
 
                                  PART KK

   Section 1. Section 21-312 of the administrative code of  the  city  of
 New York is amended by adding a new subdivision f to read as follows:
   F.  ESTABLISHMENT  OF  NEW  SHELTERS. 1. NOT LESS THAN FORTY-FIVE DAYS
 PRIOR TO THE PUBLIC HEARING HELD  BY  THE  MAYOR'S  OFFICE  OF  CONTRACT
 SERVICES RELATING TO THE CONSTRUCTION OF A HOMELESS SHELTER, THE DEPART-
 MENT  SHALL PROVIDE, IN NOT LESS THAN TWO FORMS OF COMMUNICATION, NOTICE
 OF THE DETAILS OF THE PROPOSED SHELTER, INCLUDING  THE  SOCIAL  SERVICES
 OPERATOR  OF  SUCH  SHELTER,  THE  ADDRESS OF SUCH SHELTER, THE EXPECTED
 CENSUS OF SUCH SHELTER AND THE EXPECTED CERTIFIED CAPACITY OF SUCH SHEL-
 TER, TO THE FOLLOWING OFFICIALS:
   (I) THE COMMUNITY BOARD OF THE COMMUNITY IN WHICH THE PROPOSED SHELTER
 IS TO BE LOCATED;
   (II) THE CITY COUNCIL MEMBER REPRESENTING THE DISTRICT  IN  WHICH  THE
 PROPOSED SHELTER IS TO BE LOCATED;
   (III)  THE  MEMBER  OF THE STATE ASSEMBLY REPRESENTING THE DISTRICT IN
 WHICH THE PROPOSED SHELTER IS TO BE LOCATED;
   (IV) THE STATE SENATOR REPRESENTING THE DISTRICT IN WHICH THE PROPOSED
 SHELTER IS TO BE LOCATED;
   (V) THE MEMBER OF THE FEDERAL HOUSE  OF  REPRESENTATIVES  REPRESENTING
 THE DISTRICT IN WHICH THE PROPOSED SHELTER IS TO BE LOCATED; AND

 S. 2006--B                         163
 
   (VI)  THE BOROUGH PRESIDENT OF THE BOROUGH IN WHICH THE PROPOSED SHEL-
 TER IS TO BE LOCATED.
   2.  WITHIN  FIFTEEN DAYS OF RECEIVING NOTICE PURSUANT TO PARAGRAPH ONE
 OF THIS SUBDIVISION, THE COMMUNITY BOARD MAY REQUEST THAT THE DEPARTMENT
 SCHEDULE A PUBLIC HEARING TO BE HELD WITHIN FIFTEEN DAYS AT  A  LOCATION
 WITHIN  THE  COMMUNITY  TO  BE  AFFECTED BY THE PROPOSED SHELTER FOR THE
 PURPOSE OF GAINING PUBLIC INPUT THEREON. FOLLOWING ANY SUCH PUBLIC HEAR-
 ING, THE DEPARTMENT SHALL CONSIDER ALL SUCH COMMENTS AND, IN  ACCORDANCE
 WITH  REASONABLE CONCERNS RAISED, MODIFY ITS PROPOSAL FOR THE ESTABLISH-
 MENT OF A SHELTER.
   3. THE DEPARTMENT, NOT LESS THAN FORTY-FIVE DAYS PRIOR TO THE  OPENING
 OF ANY NEW SHELTER, SHALL PROVIDE NOTICE OF THE ADDRESS, PROPOSED CENSUS
 AND  PROPOSED  CERTIFIED CAPACITY OF SUCH SHELTER TO THE PRECINCT OF THE
 POLICE DEPARTMENT IN WHICH SUCH SHELTER IS LOCATED.
   4. NOT MORE THAN TWENTY DAYS AFTER THE OPENING OF ANY NEW SHELTER, THE
 DEPARTMENT SHALL ESTABLISH AND OPERATE A COMMUNITY  ADVISORY  BOARD  FOR
 THE  SHELTER  TO  ENSURE  ONGOING COLLABORATION WITH THE COMMUNITY. EACH
 SUCH BOARD SHALL BE COMPOSED OF  COMMUNITY  MEMBERS,  AND  DESIGNEES  OF
 LOCAL ELECTED OFFICIALS AND THE COMMUNITY BOARD.
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 21-317 to read as follows:
   § 21-317 PRIVATELY OWNED HOTELS PROVIDING SHELTER FOR  HOMELESS  INDI-
 VIDUALS. A. ON A QUARTERLY BASIS, THE DEPARTMENT SHALL ISSUE A REPORT ON
 THE  USE AND PROPOSED USE OF PRIVATELY OWNED HOTELS FOR THE PROVISION OF
 SHELTER FOR HOMELESS INDIVIDUALS. SUCH REPORT SHALL BE SUBMITTED TO:
   1. EACH COMMUNITY BOARD FOR THE COMMUNITY IN WHICH  SUCH  A  HOTEL  IS
 LOCATED;
   2.  EACH  CITY  COUNCIL MEMBER REPRESENTING A DISTRICT IN WHICH SUCH A
 HOTEL IS LOCATED;
   3. EACH MEMBER OF THE STATE ASSEMBLY REPRESENTING A DISTRICT IN  WHICH
 SUCH A HOTEL IS LOCATED;
   4. EACH STATE SENATOR REPRESENTING A DISTRICT IN WHICH SUCH A HOTEL IS
 LOCATED;
   5.  EACH MEMBER OF THE FEDERAL HOUSE OF REPRESENTATIVES REPRESENTING A
 DISTRICT IN WHICH SUCH A HOTEL IS LOCATED; AND
   6. EACH BOROUGH PRESIDENT.
   B. PRIOR TO THE PLACEMENT OF ANY HOMELESS INDIVIDUALS IN  A  PRIVATELY
 OWNED  HOTEL,  THE  DEPARTMENT  SHALL  INSPECT  AND CERTIFY THE HOTEL TO
 ENSURE ITS SAFETY AND THE WELFARE OF  THE  HOMELESS  INDIVIDUALS  TO  BE
 PLACED  THEREIN.  SUCH  INSPECTION  TO  ENSURE THE SAFETY AND WELFARE OF
 INDIVIDUALS SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  CERTIFICATION  THAT
 SUCH  BUILDING  HAS  NO  OUTSTANDING  VIOLATIONS.   THE DEPARTMENT SHALL
 ESTABLISH AND MAINTAIN A LIST OF HOTELS  THAT  HAVE  BEEN  CERTIFIED  AS
 SUITABLE FOR PLACEMENT OF HOMELESS INDIVIDUALS WITH CHILDREN WHICH SHALL
 BE  MADE  AVAILABLE TO THE PUBLIC IN ACCORDANCE WITH CHAPTER FORTY-EIGHT
 OF THE CITY CHARTER.
   C. IN THE EVENT THAT ANY ADDITIONAL HOTEL UNITS  ARE  REQUIRED  TO  BE
 UTILIZED  TO  MEET  A  PROJECTED  NEED FOR SHELTER, THE DEPARTMENT SHALL
 PROVIDE NOTICE THEREOF, NOT LESS THAN ONE WEEK PRIOR TO THE  UTILIZATION
 OF  SUCH  UNITS,  TO THE APPROPRIATE PUBLIC OFFICIALS AND BODY LISTED IN
 SUBDIVISION A OF THIS SECTION. FURTHERMORE, THE DEPARTMENT  SHALL  CAUSE
 AN  INSPECTION  TO  BE  MADE OF SUCH UNITS, PURSUANT TO SUBDIVISION B OF
 THIS SECTION, AT LEAST ONE WEEK PRIOR TO THE UTILIZATION THEREOF.
   D. WHENEVER THE DEPARTMENT UTILIZES HOTEL UNITS ON A  TEMPORARY  BASIS
 FOR  THE HOUSING OF HOMELESS PERSONS, IT SHALL PROVIDE NOT LESS THAN ONE
 WEEK NOTICE THEREOF TO THE PUBLIC OFFICIALS AND BODY LISTED IN  SUBDIVI-

 S. 2006--B                         164
 
 SION  A OF THIS SECTION, AND TO THE PRECINCT OF THE POLICE DEPARTMENT IN
 WHICH SUCH UNITS ARE LOCATED.
   E.  IN  THE  EVENT  THE  DEPARTMENT UTILIZES TWENTY-FIVE OR MORE UNITS
 WITHIN ANY SINGLE HOTEL, OR  UTILIZES  ANY  HOTEL  UNIT  FOR  MORE  THAN
 FIFTEEN  CONSECUTIVE DAYS, IT SHALL PROVIDE NOTICE THEREOF TO THE PUBLIC
 OFFICIALS AND BODY LISTED IN SUBDIVISION A OF THIS SECTION.
   F. WITHIN FIFTEEN DAYS OF RECEIVING ANY NOTICE PURSUANT TO SUBDIVISION
 C, D OR E OF THIS SECTION, THE APPROPRIATE COMMUNITY BOARD MAY  SCHEDULE
 TO  HOLD  A  PUBLIC  HEARING  WITHIN  FIFTEEN  DAYS WITHIN THE COMMUNITY
 AFFECTED BY THE HOTEL FOR THE PURPOSE OF GAINING PUBLIC  INPUT  THEREON,
 WHICH SHALL BE FORWARDED TO THE DEPARTMENT.
   §  3.  Emergency shelter for individuals in privately owned hotels. In
 the event need for shelter exceeds the  inventory  of  hotels  currently
 eligible  for placement pursuant to section 21-317 of the administrative
 code of the city of New York, as added by section two of this  act,  due
 to  inclement weather, as defined in section 304.1(a) of title 18 of the
 New York state codes, rules and regulations, the department of  homeless
 services of the city of New York shall have the authority to temporarily
 place  individuals in hotels and conduct notification of community offi-
 cials in the same manner as provided in such section of the  administra-
 tive code of the city of New York, within 48 hours of the placements.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART LL
 
   Section 1.  The public housing law is amended by adding a new  section
 402-d to read as follows:
   §  402-D.  NEW YORK CITY COUNCIL OVERSIGHT.  THE NEW YORK CITY COUNCIL
 AS ESTABLISHED IN SECTION TWENTY-ONE OF THE NEW  YORK  CITY  CHARTER  IS
 EMPOWERED  TO  MANDATE  THAT THE NEW YORK CITY HOUSING AUTHORITY PRODUCE
 REPORTS ABOUT ANY FACETS OF ITS  OPERATIONS  OR  THE  CONDITION  OF  THE
 PROJECTS UNDER ITS MANAGEMENT, INCLUDING ANY PROJECT BASED SECTION EIGHT
 VOUCHER  DEVELOPMENTS  IN  WHICH  THE  AUTHORITY HAS AN OWNERSHIP STAKE,
 THROUGH THE PASSAGE OF A LOCAL LAW. SUCH A  LAW  SHALL  DETERMINE  WHICH
 INFORMATION  IS  TO  BE  INCLUDED  IN  THE  REPORT, THE DEADLINE FOR THE
 PRODUCTION OF THE REPORT, WHETHER THE REPORTING MANDATE APPLIES ONCE  OR
 IS  RECURRING,  AND WHICH LOCAL AUTHORITIES SHALL RECEIVE COPIES. A COPY
 OF ANY SUCH REPORTS MUST BE PROVIDED TO THE COMMISSIONER  AND  SHALL  BE
 CONSIDERED  AN  AGENCY  DOCUMENT  FOR THE PURPOSES OF ARTICLE SIX OF THE
 PUBLIC OFFICERS LAW.
   § 2. Subdivision a of section 29 of the  New  York  city  charter,  as
 added  by  a  vote  of the people of the city of New York at the general
 election held in November 1989, is amended to read as follows:
   a. The council, acting as a committee of the whole, and each  standing
 or special committee of the council, through hearings or otherwise:
   1.  [may] MAY investigate any matters within its jurisdiction relating
 to the property, affairs, or government of the city  or  of  any  county
 within the city, or to any other powers of the council, or to the effec-
 tuation of the purposes or provisions of this charter or any laws relat-
 ing to the city or to any county within the city.
   2.  [shall]  SHALL review on a regular and continuous basis the activ-
 ities of the agencies of the city, including  their  service  goals  and
 performance  and  management efficiency.   Each unit of appropriation in
 the adopted budget of the city shall be assigned to a  standing  commit-
 tee.    Each  standing  committee of the council shall hold at least one

 S. 2006--B                         165
 
 hearing each year relating to the activities of  each  of  the  agencies
 under its jurisdiction.
   3.  SHALL  REVIEW  ON A REGULAR AND CONTINUOUS BASIS THE ACTIVITIES OF
 THE NEW YORK  CITY  HOUSING  AUTHORITY,  INCLUDING  THE  SERVICE  GOALS,
 PERFORMANCE  AND MANAGEMENT EFFICIENCY OF SUCH AUTHORITY. SUCH AUTHORITY
 SHALL BE ASSIGNED TO A STANDING COMMITTEE. SUCH  STANDING  COMMITTEE  OF
 THE  COUNCIL  SHALL  HOLD AT LEAST ONE HEARING EACH YEAR RELATING TO THE
 ACTIVITIES OF THE NEW YORK CITY HOUSING AUTHORITY.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART MM
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 25-114 to read as follows:
   § 25-114 NEW YORK CITY HOUSING AUTHORITY REPAIR  CERTIFICATE  PROGRAM.
 A.  THE CITY PLANNING COMMISSION SHALL ESTABLISH THE NEW YORK CITY HOUS-
 ING AUTHORITY REPAIR CERTIFICATE PROGRAM, IN COOPERATION  WITH  THE  NEW
 YORK  CITY  HOUSING  AUTHORITY.  UNDER  SUCH  PROGRAM, THE CITY PLANNING
 COMMISSION SHALL GRANT AMENDMENTS TO ZONING RESOLUTIONS  WHICH  INCREASE
 THE  ALLOWABLE  DEVELOPMENT  IN AREAS COVERED BY A NEW YORK CITY HOUSING
 AUTHORITY REPAIR CERTIFICATE ISSUED PURSUANT  TO  SECTION  FOUR  HUNDRED
 TWO-D OF THE PUBLIC HOUSING LAW.
   B.  THE  CITY  PLANNING  COMMISSION  SHALL FOR EACH APPLICATION FOR AN
 AMENDMENT OF A ZONING RESOLUTION, ESTABLISH THE PER FOOT  VALUE  OF  ANY
 NEW  YORK  CITY HOUSING AUTHORITY REPAIR CERTIFICATE ISSUED IN THE AREAS
 COVERED BY SUCH AMENDMENT AND THE MAXIMUM ALLOWED FOOT AREA  RATIO  THAT
 MAY  BE  GRANTED  TO  THE  HOLDER OF SUCH CERTIFICATE IN THE NEWLY ZONED
 AREA. SUCH PER FOOT VALUE SHALL BE UPDATED ANNUALLY BASED UPON INCREASES
 IN THE CONSUMER PRICE INDEX FOR HOUSING  COSTS  IN  THE  NEW  YORK  CITY
 METROPOLITAN AREA.
   C.  A  DEVELOPER WHO SEEKS TO OBTAIN AN INCREASED FOOT AREA RATIO IN A
 NEWLY ZONED AREA, BY MEANS OF BEING THE HOLDER OF A NEW YORK CITY  HOUS-
 ING  AUTHORITY  REPAIR CERTIFICATE, SHALL SUBMIT AN APPLICATION THEREFOR
 TO THE CITY PLANNING COMMISSION. SUCH COMMISSION SHALL WITHIN SEVEN DAYS
 OF RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION, FORWARD IT  TO
 THE NEW YORK CITY HOUSING AUTHORITY, ALONG WITH THE PER FOOT VALUE TO BE
 GRANTED IF THE APPLICANT RECEIVES A REPAIR CERTIFICATE FROM SUCH AUTHOR-
 ITY.
   D.  UPON  CERTIFICATION  BY THE NEW YORK CITY HOUSING AUTHORITY THAT A
 DEVELOPER HAS BEEN AWARDED  A  REPAIR  CERTIFICATE,  THE  CITY  PLANNING
 COMMISSION SHALL APPROVE SUCH DEVELOPER'S APPLICATION SUBMITTED PURSUANT
 TO THIS SECTION.
   E.  THE  TRANSFER  OF  A  CERTIFICATE MUST BE REGISTERED WITH THE CITY
 PLANNING COMMISSION WITHIN SEVEN DAYS OF THE TRANSFER.
   § 2. The public housing law is amended by adding a new  section  402-d
 to read as follows:
   §  402-D. ISSUANCE OF REPAIR CERTIFICATE. 1. THE NEW YORK CITY HOUSING
 AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY  PLANNING  COMMISSION,
 SHALL  ESTABLISH  PROCEDURES  AND  GUIDELINES FOR THE AWARDING OF REPAIR
 CERTIFICATES BY SUCH  AUTHORITY  TO  DEVELOPERS  WHICH  PERFORM  CAPITAL
 REPAIRS  TO  A  PROJECT  OPERATED  BY THE AUTHORITY. NO SUCH CERTIFICATE
 SHALL BE AWARDED BASED UPON THE PERFORMANCE  OF  ANY  WORK  WHICH  WOULD
 CONSTITUTE REGULAR MAINTENANCE UPON ANY PROJECT OPERATED BY SUCH AUTHOR-
 ITY. THE PROCEDURES AND GUIDELINES ESTABLISHED PURSUANT TO THIS SUBDIVI-

 S. 2006--B                         166
 
 SION  SHALL  PROVIDE MAXIMUM ALLOWABLE COSTS FOR VARIOUS KINDS AND TYPES
 OF CAPITAL REPAIR PROJECTS.
   2.  THERE  SHALL  BE  ESTABLISHED,  WITHIN  THE  NEW YORK CITY HOUSING
 AUTHORITY, AN OFFICE OF REPAIR CERTIFICATION. SUCH OFFICE SHALL ADMINIS-
 TER THE REPAIR CERTIFICATE PROGRAM. THE OFFICE SHALL ESTABLISH LISTS  OF
 REPAIR  PROJECTS,  TO  AUTHORITY FACILITIES, WHICH SHALL BE ELIGIBLE FOR
 THE REPAIR CERTIFICATE PROGRAM, THE ESTIMATED VALUE OF EACH SUCH  REPAIR
 PROJECT,  AND THE PRIORITY OF EACH REPAIR PROJECT BASED UPON ITS URGENCY
 AND/OR IMPORTANCE.
   3. THE OFFICE OF REPAIR CERTIFICATION SHALL RECEIVE  EACH  APPLICATION
 FORWARDED TO THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO SUBDIVISION
 C  OF SECTION 25-114 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
 WITHIN TEN DAYS OF RECEIVING AN APPLICATION, THE  OFFICE  SHALL  CONTACT
 THE  APPLICANT  AND  PROVIDE  IT WITH A LIST OF ELIGIBLE REPAIR PROJECTS
 EQUAL IN VALUE TO THE BENEFIT TO BE PROVIDED TO SUCH  APPLICANT  BY  THE
 CITY  PLANNING  COMMISSION.  SUCH LIST SHALL, TO THE EXTENT PRACTICABLE,
 INCLUDE ONLY THOSE ELIGIBLE REPAIR PROJECTS WITHIN THE SAME NEIGHBORHOOD
 INCLUDED IN THE AREA TO WHICH THE  REQUESTED  AMENDMENT  TO  THE  ZONING
 RESOLUTION  RELATES,  REGARDLESS  OF  THE  IMPORTANCE  OR URGENCY OF THE
 REPAIR PROJECT. PROVIDED, HOWEVER, IF NO SUCH ELIGIBLE  REPAIR  PROJECTS
 EXIST IN THE NEIGHBORHOOD, THEN THE PROJECTS SHALL BE LISTED IN ORDER OF
 PRIORITY.
   4.  UPON  RECEIPT  OF  A LIST FROM THE OFFICE, AN APPLICANT MUST REPLY
 WITHIN THIRTY DAYS. IF THE APPLICANT FAILS TO  DO  SO,  ITS  APPLICATION
 SHALL  BE TERMINATED. SUCH REPLY TO THE OFFICE SHALL INCLUDE DESIGNATION
 OF THE PROJECT OR PROJECTS THE APPLICANT DESIRES TO COMPLETE, THE APPLI-
 CANT'S ESTIMATE OF THE COST OF COMPLETING  THE  REPAIR  PROJECT,  AND  A
 TIMELINE FOR THE COMPLETION OF THE PROJECT.
   5.  THE  OFFICE OF REPAIR CERTIFICATION SHALL, WITHIN FOURTEEN DAYS OF
 RECEIVING AN APPLICANT'S  REPLY,  REVIEW  THE  COSTS  AND  PROJECT  PLAN
 SUBMITTED,  AND  EITHER  APPROVE  OR DISAPPROVE SUCH REPLY. IF AN APPLI-
 CANT'S SUBMISSION IS DISAPPROVED, IT SHALL HAVE FIFTEEN DAYS TO RESUBMIT
 A NEW PROJECT PLAN AND ESTIMATE OF COSTS FOR REVIEW BY THE OFFICE.  UPON
 A  SECOND SUBMISSION, THE OFFICE SHALL AGAIN MAKE A DETERMINATION WITHIN
 FOURTEEN DAYS, AND, IF THE PLAN IS DISAPPROVED, THE OFFICE SHALL PROVIDE
 THE APPLICANT WITH A WRITTEN EXPLANATION THEREFOR.
   6. FOR ANY REPAIR PROJECT PLAN THAT  IS  APPROVED  BY  THE  OFFICE  OF
 REPAIR  CERTIFICATION  WHERE  THE  APPLICANT'S  ESTIMATED  COST  THEREOF
 EXCEEDS THE VALUE OF THE PROJECT ESTABLISHED BY THE OFFICE, SUCH  OFFICE
 SHALL  PROVIDE  NOTICE  TO  THE CITY PLANNING COMMISSION THAT THE ZONING
 VALUATION OF THE ZONING AMENDMENT MUST BE ADJUSTED WITHIN SEVEN DAYS.
   7. UPON COMPLETION OF THE AGREED UPON REPAIR PROJECT  OR  PROJECTS  BY
 THE  APPLICANT,  THE  OFFICE  SHALL AWARD THE APPLICANT A CERTIFICATE OF
 COMPLETION AND PROVIDE A COPY THEREOF TO THE  CITY  PLANNING  COMMISSION
 WITHIN FOURTEEN DAYS OF CERTIFYING THE COMPLETION OF THE PROJECT.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  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
 effective date.

                                  PART NN

 S. 2006--B                         167
 
   Section 1. Paragraph (e) of subdivision 3  of  section  402-b  of  the
 public  housing  law,  as  added  by  chapter  3 of the laws of 2010, is
 amended to read as follows:
   (e)  All  prospective  public  housing  and Section 8 tenants shall be
 selected from a waiting list which shall be maintained by the  New  York
 city housing authority in compliance with the federal public housing and
 Section  8  laws  and all applicable rules and regulations. The New York
 city housing authority and each respective project  owner  shall  screen
 tenants  and  jointly  have  final approval over tenant selection all in
 accordance with aforementioned laws, rules and regulations. All prospec-
 tive public housing tenants shall be taken from the waiting list in  the
 order  in  which  they  applied  for  the size appropriate unit, subject
 however to preferences and priorities provided for in [the public  hous-
 ing  law]  THIS  CHAPTER  and  all  applicable  rules  and  regulations;
 PROVIDED, HOWEVER THAT, ANY PRIORITY OR PREFERENCE OFFERED TO APPLICANTS
 BASED ON THEIR RESIDENCE IN A CITY OWNED, OPERATED OR  CONTRACTED  HOME-
 LESS  SHELTER  MUST  ALSO  BE OFFERED EQUITABLY AND EVENLY TO APPLICANTS
 RESIDING IN A CITY OWNED, OPERATED OR CONTRACTED DOMESTIC VIOLENCE SHEL-
 TER OR IN A DOMESTIC VIOLENCE SHELTER LICENSED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES.
   § 2. This act shall take effect immediately.
 
                                  PART OO

   Section 1. Subparagraph 1 of paragraph b of subdivision 1  of  section
 156  of the public housing law, as amended by chapter 179 of the laws of
 2006, is amended to read as follows:
   (1) have served in the armed forces of the United States for a  period
 of  at  least  six months (or any shorter period which terminated due to
 death or injury incurred in such service), provided some portion of  the
 period  of  service was between the twenty-eighth day of February, nine-
 teen hundred sixty-one to the  seventh  day  of  May,  nineteen  hundred
 seventy-five,  OR  BETWEEN THE FOURTEENTH DAY OF SEPTEMBER, TWO THOUSAND
 ONE TO THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND EIGHTEEN, and
   § 2. Section 156 of the public housing law is amended by adding a  new
 subdivision 8 to read as follows:
   8.  AN  AUTHORITY SHALL GRANT A PREFERENCE IN THE SELECTION OF TENANTS
 TO VETERANS  OR  FAMILIES  OF  VETERANS  WHO  HAVE  A  MILITARY  SERVICE
 CONNECTED DISABILITY PROVIDED THAT SUCH VETERANS OR FAMILIES OF VETERANS
 OTHERWISE  QUALIFY  FOR  OCCUPANCY  IN  SUCH AN AUTHORITY'S PROJECTS AND
 PROVIDED FURTHER THAT SUCH AUTHORITY HAS COMPLIED WITH THE PROVISIONS OF
 SECTION 960.206 OF TITLE 24 OF THE CODE OF FEDERAL REGULATIONS  RELATING
 TO SUCH PREFERENCES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
                                  PART PP
 
   Section  1.  Subdivision 4 of section 933 of the labor law, as amended
 by chapter 90 of the laws of 2015, is amended to read as follows:
   4. a federal, state or local governmental unit or public authority and
 employees thereof that perform mold assessment, remediation,  or  abate-
 ment  on  any property owned, managed or remediated by such governmental
 unit or authority; PROVIDED, HOWEVER,  THAT  THE  EXEMPTION  UNDER  THIS
 SUBDIVISION SHALL NOT APPLY TO THE NEW YORK CITY HOUSING AUTHORITY.
   § 2. This act shall take effect immediately.

 S. 2006--B                         168
 
                                  PART QQ
 
   Section  1.  The public housing law is amended by adding a new section
 402-d to read as follows:
   § 402-D. INDEPENDENT MONITOR. 1. THERE SHALL BE ESTABLISHED WITHIN THE
 DIVISION OF HOUSING AND COMMUNITY  RENEWAL,  AN  OFFICE  OF  INDEPENDENT
 MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY. THE HEAD OF SUCH OFFICE
 SHALL  BE  THE  NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR, WHO
 SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT  OF  THE
 SENATE FOR A TERM OF THREE YEARS; PROVIDED, HOWEVER, THAT AN INDEPENDENT
 MONITOR  MAY BE REMOVED, BY THE GOVERNOR, PRIOR TO THE EXPIRATION OF HIS
 OR HER TERM, AFTER AN OPPORTUNITY TO BE HEARD, FOR  SUBSTANTIAL  NEGLECT
 OF  DUTY,  GROSS  MISCONDUCT  IN  OFFICE,  OR INABILITY TO CARRY OUT THE
 DUTIES OF SUCH OFFICE. ANY VACANCY IN THE OFFICE OF NEW YORK CITY  HOUS-
 ING  AUTHORITY INDEPENDENT MONITOR PRIOR TO THE EXPIRATION OF HIS OR HER
 TERM SHALL BE FILLED IN THE SAME MANNER AS  PROVIDED  FOR  THE  ORIGINAL
 APPOINTMENT  FOR THE REMAINDER OF SUCH  UNEXPIRED TERM. UPON THE EXPIRA-
 TION OF THE TERM OF ANY INDEPENDENT MONITOR, HIS OR HER SUCCESSOR  SHALL
 BE APPOINTED FOR A TERM OF FOUR YEARS.
   2.  THE  NEW  YORK  CITY  HOUSING  AUTHORITY INDEPENDENT MONITOR SHALL
 EMPLOY AND MAY REMOVE SUCH PERSONNEL AS HE OR SHE MAY DEEM NECESSARY FOR
 THE PERFORMANCE OF THE DUTIES OF THE OFFICE OF INDEPENDENT  MONITOR  FOR
 THE  NEW  YORK  CITY HOUSING AUTHORITY PURSUANT TO THIS SECTION, AND FIX
 THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
   3. (A) SUCH INDEPENDENT MONITOR, OR ANY OFFICER  OR  EMPLOYEE  OF  THE
 OFFICE OF INDEPENDENT MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY AS
 SHALL BE DESIGNATED BY HIM OR HER, SHALL HAVE THE AUTHORITY TO, AND MAY,
 IN HIS OR HER SOLE DISCRETION, REQUIRE REVIEW AND OVERSIGHT, IN WHOLE OR
 IN  PART,  OF  ANY  PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED
 CORRECTIVE OR OTHER ACTION TO THE NEW YORK  CITY  HOUSING  AUTHORITY  IN
 CONNECTION WITH SUCH PROJECT.
   (B)  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN
 ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING,
 ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA-
 BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION,  EXTENSION,  REPAIR,
 REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED
 IN SECTION TWO OF THE STATE FINANCE LAW.
   (C)  THE NEW YORK CITY HOUSING AUTHORITY UPON UNDERTAKING SUCH PROJECT
 SHALL FULLY COOPERATE WITH ANY DETERMINATION OF THE NEW YORK CITY  HOUS-
 ING  AUTHORITY INDEPENDENT MONITOR, AND PROVIDE ACCESS TO ALL PERSONNEL,
 BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY
 BE NECESSARY FOR SUCH INDEPENDENT MONITOR TO PERFORM HIS OR HER DUTIES.
   (D) IN THE EVENT THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONI-
 TOR DETERMINES THAT CORRECTIVE OR OTHER ACTION IS NECESSARY FOR  SUCH  A
 PROJECT, THEN THE INDEPENDENT MONITOR SHALL HAVE THE AUTHORITY TO DIRECT
 THAT  THE NEW YORK CITY HOUSING AUTHORITY SHALL IMPLEMENT ALL CORRECTIVE
 OR OTHER ACTION AS SHALL BE REQUIRED TO ACCOMPLISH THE PROJECT,  TO  THE
 EXTENT  PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL
 COST TO SUCH AUTHORITY. SUCH CORRECTIVE OR OTHER ACTION  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:
   (I)  MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND ESTIMATES
 OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND  EQUIPMENT  OF  FACILI-
 TIES;
   (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE;
   (III) DETAILED ANALYSIS OF PROJECT BUDGET;

 S. 2006--B                         169
 
   (IV)  DETAILED  ANALYSIS  OF  CHANGE  ORDERS  AND/OR PAYMENTS TO PRIME
 CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES;
   (V)   DETAILED  ANALYSIS  OF  RECORDS  OF  CONSTRUCTION  OBSERVATIONS,
 INSPECTIONS AND DEFICIENCIES;
   (VI) TERMINATION OF CONTRACTS, CONTRACTORS,  SUBCONTRACTORS  OR  OTHER
 CONSULTANTS;
   (VII)  PROCUREMENT  OF  INDEPENDENT  AUDITORS, PROJECT MANAGERS, LEGAL
 COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT;
   (VIII) REGULAR REPORTING OF  PROJECT  STATUS  AND  MILESTONES  TO  THE
 PUBLIC;
   (IX)  ACTIVE  PROJECT  MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI-
 TIONAL RESOURCES PROVIDED BY THE NEW YORK CITY HOUSING  AUTHORITY  INDE-
 PENDENT MONITOR; AND
   (X)  PERIODIC  PROJECT  REVIEW  AND AUDIT BY THE NEW YORK CITY HOUSING
 AUTHORITY INDEPENDENT MONITOR ON A SUITABLE TIME INTERVAL DETERMINED  BY
 SUCH MONITOR.
   (E)  THE NEW YORK CITY HOUSING AUTHORITY UPON PROPOSING A PUBLIC WORKS
 PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF  ONE
 MILLION DOLLARS SHALL INCLUDE A SUMMARY OF THE PROVISIONS OF THIS SUBDI-
 VISION IN ALL SUCH PROPOSAL AND/OR BID DOCUMENTS FOR SUCH PROJECTS.
   (F)  ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE PROVISIONS
 OF THIS SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF  AS  A
 CONDITION OF PERFORMANCE.
   4.  THE  INDEPENDENT  MONITOR  SHALL, ON OR BEFORE FEBRUARY FIRST EACH
 YEAR, SUBMIT TO THE GOVERNOR, EACH CONFERENCE OF  THE  LEGISLATURE,  THE
 AUTHORITY, AND THE MAYOR AND THE CITY COUNCIL OF THE CITY OF NEW YORK, A
 REPORT  ON  HIS  OR  HER  ACTIVITIES PURSUANT TO THIS SECTION DURING THE
 PREVIOUS CALENDAR YEAR,  INCLUDING  ANY  CORRECTIVE  ACTIONS  THAT  WERE
 REQUIRED  TO  BE  TAKEN,  AND  SHALL  ALSO REPORT UPON THE STATUS OF ALL
 PROJECTS UNDER TAKEN BY THE NEW YORK CITY HOUSING AUTHORITY AND  WHETHER
 SUCH PROJECTS ARE PROGRESSING ON SCHEDULE AND WITHIN BUDGET.
   § 2. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. Section 473 of the social services law is amended by adding
 a new subdivision 9 to read as follows:
   9. (A) AS USED IN THIS SUBDIVISION:
   (I)  "COVERED  BANKING INSTITUTION" MEANS ANY STATE OR FEDERALLY CHAR-
 TERED BANKING ORGANIZATION, BUT SHALL NOT INCLUDE PRIVATE BANKERS,  SAFE
 DEPOSIT COMPANIES OR INVESTMENT COMPANIES.
   (II)  "VULNERABLE  ADULT"  MEANS  AN  INDIVIDUAL WHO BECAUSE OF MENTAL
 AND/OR  PHYSICAL  IMPAIRMENT,  IS  UNABLE  TO  MANAGE  HIS  OR  HER  OWN
 RESOURCES, OR PROTECT HIMSELF OR HERSELF FROM FINANCIAL EXPLOITATION.
   (B)  IF A COVERED BANKING INSTITUTION, SOCIAL SERVICES OFFICIAL OR LAW
 ENFORCEMENT AGENCY REASONABLY BELIEVES THAT FINANCIAL EXPLOITATION OF  A
 VULNERABLE ADULT HAS OCCURRED OR MAY OCCUR, THE COVERED BANKING INSTITU-
 TION MAY, BUT SHALL NOT BE REQUIRED TO, REFUSE ANY TRANSACTION REQUIRING
 THE DISBURSAL OF MONEYS IN THE ACCOUNT OF:
   (I) A VULNERABLE ADULT;
   (II)  WHICH  A  VULNERABLE ADULT IS A BENEFICIARY, INCLUDING TRUST AND
 GUARDIANSHIP ACCOUNTS; AND
   (III) A PERSON WHO IS SUSPECTED OF ENGAGING IN THE FINANCIAL EXPLOITA-
 TION OF A VULNERABLE ADULT.
   (C) A COVERED BANKING INSTITUTION MAY ALSO REFUSE TO  DISBURSE  MONEYS
 PURSUANT  TO  THIS  SUBDIVISION  IF  A  SOCIAL  SERVICES OFFICIAL OR LAW

 S. 2006--B                         170
 
 ENFORCEMENT AGENCY PROVIDES INFORMATION TO SUCH INSTITUTION  DEMONSTRAT-
 ING  THAT  IT  IS REASONABLE TO BELIEVE THAT FINANCIAL EXPLOITATION OF A
 VULNERABLE ADULT HAS OCCURRED OR MAY OCCUR.
   (D)  A  COVERED BANKING INSTITUTION SHALL NOT BE REQUIRED TO REFUSE TO
 DISBURSE FUNDS PURSUANT TO THIS SECTION. SUCH A REFUSAL SHALL BE IN  THE
 COVERED  BANKING  INSTITUTION'S  DISCRETION,  BASED  ON  THE INFORMATION
 AVAILABLE TO SUCH INSTITUTION.
   (E) ANY COVERED BANKING INSTITUTION WHICH REFUSES TO  DISBURSE  MONEYS
 PURSUANT TO THIS SUBDIVISION SHALL:
   (I)  MAKE A REASONABLE EFFORT TO PROVIDE NOTICE, ORALLY OR IN WRITING,
 TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT FROM WHICH
 DISBURSEMENT WAS REFUSED; AND
   (II) REPORT THE INCIDENT TO THE SOCIAL SERVICES  OFFICIAL  RESPONSIBLE
 FOR ADMINISTERING ADULT PROTECTIVE SERVICES PURSUANT TO THIS ARTICLE.
   (F)  THE REFUSAL TO DISBURSE MONEYS PURSUANT TO THIS SUBDIVISION SHALL
 TERMINATE UPON THE EARLIER OF:
   (I) THE TIME AT WHICH THE COVERED  BANKING  INSTITUTION  IS  SATISFIED
 THAT THE DISBURSEMENT WILL NOT RESULT IN THE FINANCIAL EXPLOITATION OF A
 VULNERABLE ADULT; OR
   (II)  THE  ISSUANCE  OF AN ORDER BY A COURT OF COMPETENT JURISDICTION,
 DIRECTING THE DISBURSAL OF THE MONEYS.
   (G) A COVERED BANKING INSTITUTION MAY PROVIDE ACCESS TO OR  COPIES  OF
 RECORDS  RELEVANT  TO  SUSPECTED  FINANCIAL EXPLOITATION OF A VULNERABLE
 ADULT TO LAW ENFORCEMENT AGENCIES AND SOCIAL SERVICES OFFICIALS  RESPON-
 SIBLE FOR ADMINISTERING THE PROVISIONS OF THIS ARTICLE. SUCH RECORDS MAY
 INCLUDE  RELEVANT HISTORICAL RECORDS AND RECENT TRANSACTIONS RELATING TO
 SUSPECTED FINANCIAL EXPLOITATION.
   (H) A COVERED BANKING INSTITUTION OR AN EMPLOYEE OF SUCH  AN  INSTITU-
 TION  SHALL  BE  IMMUNE FROM CRIMINAL, CIVIL OR ADMINISTRATIVE LIABILITY
 FOR REFUSING TO DISBURSE MONEYS OR DISBURSING MONEYS  PURSUANT  TO  THIS
 SUBDIVISION, AND FOR ACTIONS TAKEN IN FURTHERANCE OF THAT DETERMINATION,
 INCLUDING THE MAKING OF A REPORT OR THE PROVIDING OF ACCESS TO OR COPIES
 OF  RELEVANT  RECORDS  TO  A SOCIAL SERVICES OFFICIAL OR LAW ENFORCEMENT
 AGENCY, IF SUCH DETERMINATIONS AND ACTIONS WERE MADE IN GOOD  FAITH  AND
 IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   §  2.  The banking law is amended by adding a new article 2-BB to read
 as follows:
                               ARTICLE 2-BB
                      PROTECTION OF VULNERABLE ADULTS
 SECTION 80-A. DEFINITIONS.
         80-B. REFUSAL OF A BANKING TRANSACTION.
         80-C. COVERED  BANKING  INSTITUTION  DISCRETION  TO  REFUSE   TO
                 DISBURSE FUNDS.
         80-D. NOTICE AND REPORTING.
         80-E. TERMINATION OF REFUSAL OF A BANKING TRANSACTION.
         80-F. PRODUCTION OF RECORDS.
         80-G. QUALIFIED IMMUNITY.
         80-H. TRAINING AND EDUCATION.
   § 80-A. DEFINITIONS.  PURSUANT TO THIS ARTICLE:
   1. THE TERM "COVERED BANKING INSTITUTION" MEANS ANY STATE OR FEDERALLY
 CHARTERED  BANKING  ORGANIZATION, BUT SHALL NOT INCLUDE PRIVATE BANKERS,
 SAFE DEPOSIT COMPANIES OR INVESTMENT COMPANIES.
   2. THE TERM "VULNERABLE ADULT" MEANS  AN  INDIVIDUAL  WHO  BECAUSE  OF
 MENTAL  AND/OR  PHYSICAL  IMPAIRMENT, IS UNABLE TO MANAGE HIS OR HER OWN
 RESOURCES, OR PROTECT HIMSELF OR HERSELF FROM FINANCIAL EXPLOITATION.

 S. 2006--B                         171

   § 80-B. REFUSAL OF A BANKING TRANSACTION.   1. IF  A  COVERED  BANKING
 INSTITUTION,  SOCIAL SERVICES OFFICIAL OR LAW ENFORCEMENT AGENCY REASON-
 ABLY BELIEVES THAT FINANCIAL EXPLOITATION  OF  A  VULNERABLE  ADULT  HAS
 OCCURRED  OR  MAY  OCCUR, THE COVERED BANKING INSTITUTION MAY, BUT SHALL
 NOT  BE  REQUIRED  TO, REFUSE ANY TRANSACTION REQUIRING THE DISBURSAL OF
 MONEYS IN THE ACCOUNT OF:
   (A) A VULNERABLE ADULT;
   (B) WHICH A VULNERABLE ADULT IS A  BENEFICIARY,  INCLUDING  TRUST  AND
 GUARDIANSHIP ACCOUNTS; AND
   (C)  A  PERSON WHO IS SUSPECTED OF ENGAGING IN THE FINANCIAL EXPLOITA-
 TION OF A VULNERABLE ADULT.
   2. A COVERED BANKING INSTITUTION MAY ALSO REFUSE  TO  DISBURSE  MONEYS
 PURSUANT  TO  THIS ARTICLE IF A SOCIAL SERVICES OFFICIAL OR LAW ENFORCE-
 MENT AGENCY PROVIDES INFORMATION TO SUCH INSTITUTION DEMONSTRATING  THAT
 IT  IS REASONABLE TO BELIEVE THAT FINANCIAL EXPLOITATION OF A VULNERABLE
 ADULT HAS OCCURRED OR MAY OCCUR.
   § 80-C. COVERED BANKING INSTITUTION DISCRETION TO REFUSE  TO  DISBURSE
 FUNDS.  A COVERED BANKING INSTITUTION SHALL NOT BE REQUIRED TO REFUSE TO
 DISBURSE  FUNDS PURSUANT TO THIS ARTICLE. SUCH A REFUSAL SHALL BE IN THE
 COVERED BANKING  INSTITUTION'S  DISCRETION,  BASED  ON  THE  INFORMATION
 AVAILABLE TO SUCH INSTITUTION.
   §  80-D.  NOTICE AND REPORTING.  ANY COVERED BANKING INSTITUTION WHICH
 REFUSES TO DISBURSE MONEYS PURSUANT TO THIS ARTICLE SHALL:
   1. MAKE A REASONABLE EFFORT TO PROVIDE NOTICE, ORALLY OR  IN  WRITING,
 TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT FROM WHICH
 DISBURSEMENT WAS REFUSED; AND
   2. REPORT THE INCIDENT TO THE SOCIAL SERVICES OFFICIAL RESPONSIBLE FOR
 ADMINISTERING ADULT PROTECTIVE SERVICES PURSUANT TO THIS ARTICLE.
   §  80-E. TERMINATION OF REFUSAL OF A BANKING TRANSACTION.  THE REFUSAL
 TO DISBURSE MONEYS PURSUANT TO THIS ARTICLE  SHALL  TERMINATE  UPON  THE
 EARLIER OF:
   1. THE TIME AT WHICH THE COVERED BANKING INSTITUTION IS SATISFIED THAT
 THE  DISBURSEMENT  WILL  NOT  RESULT  IN THE FINANCIAL EXPLOITATION OF A
 VULNERABLE ADULT; OR
   2. THE ISSUANCE OF AN ORDER BY  A  COURT  OF  COMPETENT  JURISDICTION,
 DIRECTING THE DISBURSAL OF THE MONEYS.
   §  80-F.  PRODUCTION  OF  RECORDS.   A COVERED BANKING INSTITUTION MAY
 PROVIDE ACCESS TO OR COPIES OF RECORDS RELEVANT TO  SUSPECTED  FINANCIAL
 EXPLOITATION  OF  A  VULNERABLE  ADULT  TO  LAW ENFORCEMENT AGENCIES AND
 SOCIAL SERVICES OFFICIALS RESPONSIBLE FOR ADMINISTERING  THE  PROVISIONS
 OF  THIS  ARTICLE AND/OR SUBDIVISION NINE OF SECTION FOUR HUNDRED SEVEN-
 TY-THREE OF THE SOCIAL SERVICES LAW.  SUCH RECORDS MAY INCLUDE  RELEVANT
 HISTORICAL  RECORDS AND RECENT TRANSACTIONS RELATING TO SUSPECTED FINAN-
 CIAL EXPLOITATION.
   § 80-G. QUALIFIED IMMUNITY.   A  COVERED  BANKING  INSTITUTION  OR  AN
 EMPLOYEE  OF SUCH AN INSTITUTION SHALL BE IMMUNE FROM CRIMINAL, CIVIL OR
 ADMINISTRATIVE LIABILITY FOR REFUSING TO DISBURSE MONEYS  OR  DISBURSING
 MONEYS  PURSUANT TO THIS ARTICLE AND/OR SUBDIVISION NINE OF SECTION FOUR
 HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW, AND FOR ACTIONS  TAKEN
 IN  FURTHERANCE  OF THAT DETERMINATION, INCLUDING THE MAKING OF A REPORT
 OR THE PROVIDING OF ACCESS TO OR COPIES OF RELEVANT RECORDS TO A  SOCIAL
 SERVICES  OFFICIAL OR LAW ENFORCEMENT AGENCY, IF SUCH DETERMINATIONS AND
 ACTIONS WERE MADE IN GOOD FAITH AND  IN  ACCORDANCE  WITH  THIS  ARTICLE
 AND/OR  SUBDIVISION  NINE  OF  SECTION FOUR HUNDRED SEVENTY-THREE OF THE
 SOCIAL SERVICES LAW.

 S. 2006--B                         172
 
   § 80-H. TRAINING AND EDUCATION. 1.  THE SUPERINTENDENT,  IN  CONSULTA-
 TION  WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, THE DIRECTOR OF THE
 BUREAU OF ADULT PROTECTIVE SERVICES WITHIN THE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES, AND THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES SHALL
 DEVELOP  A  FINANCIAL  EXPLOITATION  TRAINING  AND EDUCATION PROGRAM FOR
 COVERED BANKING INSTITUTIONS.
   2. PARTICIPATION IN THE FINANCIAL EXPLOITATION TRAINING AND  EDUCATION
 PROGRAM  SHALL  BE  COMPLETELY VOLUNTARY BY THE COVERED BANKING INSTITU-
 TION, AND THE SUPERINTENDENT SHALL NOT REQUIRE, BY REGULATION OR  OTHER-
 WISE,  THAT  ANY  DIRECTOR, OFFICER, EMPLOYEE OR ANY OTHER PERSON AFFIL-
 IATED WITH A COVERED BANKING INSTITUTION PARTICIPATE IN OR  ATTEND  SUCH
 TRAINING AND EDUCATION PROGRAM.
   3.  IN  DEVELOPING  THE  FINANCIAL EXPLOITATION TRAINING AND EDUCATION
 PROGRAM FOR  COVERED  BANKING  INSTITUTIONS,  THE  SUPERINTENDENT  SHALL
 CONSULT  WITH  AND  SHALL  INCLUDE  INSTRUCTORS  FROM ORGANIZATIONS THAT
 PROVIDE SERVICES TO VULNERABLE ADULTS AND MAY HAVE EXPERIENCE IN IDENTI-
 FYING FINANCIAL EXPLOITATION.
   4. IT SHALL BE THE PURPOSE OF THE FINANCIAL EXPLOITATION TRAINING  AND
 EDUCATION  PROGRAM TO PROVIDE INFORMATION, TRAINING AND EDUCATION ON HOW
 TO IDENTIFY, HELP PREVENT AND REPORT THE  FINANCIAL  EXPLOITATION  OF  A
 VULNERABLE ADULT.
   5.  THE SUPERINTENDENT SHALL MAKE THE MATERIALS AND INSTRUCTION OF THE
 FINANCIAL EXPLOITATION TRAINING AND EDUCATION PROGRAM AVAILABLE  TO  ALL
 COVERED  BANKING  INSTITUTIONS  ACROSS  THE  STATE AT NO COST, AND SHALL
 FURTHER MAKE SUCH AVAILABLE VIA BOTH LIVE INSTRUCTION PLATFORMS AS  WELL
 AS  THROUGH  ON-LINE  INSTRUCTIONAL PRESENTATIONS ACCESSIBLE THROUGH THE
 WEBSITES OF THE DEPARTMENT, THE OFFICE FOR  THE  AGING,  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES AND THE OFFICE OF VICTIM SERVICES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART SS
 
   Section  1.  The office of children and family services shall examine,
 evaluate and make recommendations concerning  the  availability  of  day
 care  for children in the state. Such office shall pay particular atten-
 tion to the impact of the lack   of necessary child day  care  upon  the
 ability  of  women in poverty and those in working families to enter the
 labor force. The office of children and family services shall direct its
 attention to:
   (a) establishing an inventory of child day care for  working  families
 and those at or near poverty;
   (b)  geographically  identifying  child  day  care shortage areas on a
 regional basis and projections of the future demand for child  day  care
 based  on  the  regional  birth  rates, employment and population growth
 rates;
   (c) comparing on a statewide and regional basis, the demand for  child
 day  care services over the succeeding five years, including whether the
 projected growth rate in the child day care industry will be  sufficient
 to meet such future needs;
   (d)  assessing the cost to parents and guardians of day care for chil-
 dren on a regional basis, including the availability of government funds
 for parents and guardians toward child care costs;
   (e) identifying nontraditional child care needs within the  state  and
 regionally  for  parents  who  work  other than a 9:00 A.M. to 5:00 P.M.
 shift or part-time, including those  who  work  night  shifts  or  swing

 S. 2006--B                         173
 
 shifts, and those parents who require early drop off and/or late pick up
 services from their child care provider.
   Such information shall include, but not be limited to:
   (1)  an  assessment of the demand for night shift child care subsidies
 statewide;
   (2) an assessment of the costs and economic ramifications of subsidies
 for night shift workers in counties that currently offer such subsidies;
   (3) an assessment of the effects on the availability of all child care
 subsidy slots in counties that currently offer such night  shift  subsi-
 dies and whether such subsidies have reduced the overall amount of child
 care slots in these counties;
   (4)  an assessment of how many families currently receive these subsi-
 dies in counties that currently offer such night shift subsidies;
   (5) an analysis of any possible additional costs related to a require-
 ment that subsidies for night shift workers be available statewide; and
   (6) an analysis of the  statewide  and  local  ramifications  of  such
 requirements;
   (f)  identifying  policies  that would encourage the establishment and
 operation of more child day care center  providers  and  increasing  the
 capacity of existing child day care providers;
   (g) identifying policies that would encourage and facilitate expansion
 of quality child day care services by neighbors and in communities where
 the working poor live and/or work; and
   (h) identifying and quantifying those factors that contribute to qual-
 ity  child  day  care, are used to identify child day care providers who
 are  committing  violations,  how  such  violations  are  addressed   or
 prevented,  and  procedures  for  establishing quality child day care in
 those communities with the greatest needs.
   § 2. The office of children and family services may request and  shall
 receive  any  available information from state agencies that is relevant
 and material to the study required by section one of this act.
   § 3. Within twelve months of the  effective  date  of  this  act,  the
 commissioner  of  children and family services shall submit a report, to
 the governor, the temporary president of the senate, the speaker of  the
 assembly,  the  minority leader of the senate and the minority leader of
 the assembly, on the office's findings, conclusions and recommendations,
 and shall submit therewith such legislative proposals as the  office  of
 children  and  family  services  shall  deem  necessary to implement its
 recommendations.  In addition, such office shall make such report avail-
 able to the public and post it on the internet website operated  by  the
 office.
   §  4.  This act shall take effect immediately, and shall expire and be
 deemed repealed one year after it shall take effect.
 
                                  PART TT
 
   Section 1. Paragraph (d) of subdivision 3 of section 390 of the social
 services law, as amended by chapter 416 of the laws of 2000, is  amended
 to read as follows:
   (d)  (I)  Where  investigation  or inspection reveals that a child day
 care provider which must be licensed [or], registered  OR  PERMITTED  is
 not  DULY  LICENSED, REGISTERED OR PERMITTED, the office of children and
 family services, OR FOR PROGRAMS REFERENCED IN SUBDIVISION  THIRTEEN  OF
 THIS  SECTION, THE LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUCH SUBDIVI-
 SION, shall [advise the child day  care  provider]  PROVIDE  NOTICE,  in
 writing,  TO THE CHILD DAY CARE PROVIDER INDICATING that the provider is

 S. 2006--B                         174
 
 in violation of the licensing [or], registration OR PERMITTING  require-
 ments  and  shall  take such further action as is necessary to cause the
 provider to comply with the law, including directing an unlicensed [or],
 unregistered  OR  UNPERMITTED  provider to cease operation [In addition,
 the office of children and family services shall] IMMEDIATELY.
   (II) THE NOTICE TO THE PROVIDER REQUIRED BY SUBPARAGRAPH (I)  OF  THIS
 PARAGRAPH SHALL ADVISE PARENTS AND CAREGIVERS THAT THE PROGRAM IS CLOSED
 FOR  FAILURE  TO  COMPLY  WITH THE APPLICABLE LICENSING, REGISTRATION OR
 PERMITTING REQUIREMENTS, AS APPLICABLE, AND SHALL BE IMMEDIATELY  POSTED
 ON THE FRONT DOOR OF THE PROVIDER'S PREMISES IN A PROMINENT LOCATION AND
 ON THE PROVIDER'S WEBSITE, IF ONE EXISTS.
   (III)  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES, OR FOR PROGRAMS
 REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION,  THE  LOCAL  GOVERN-
 MENTAL  ENTITY  REFERENCED  IN  SUCH SUBDIVISION, SHALL ALSO require the
 provider to notify the parents or guardians of children  receiving  care
 from  the  provider  IN WRITING that the provider is in violation of the
 licensing  [or],  registration  OR  PERMITTING  requirements  and  shall
 require  the  provider to [notify] CONFIRM IN WRITING WITH the office of
 children and family services OR THE LOCAL GOVERNMENTAL ENTITY REFERENCED
 IN SUBDIVISION THIRTEEN OF THIS SECTION, AS APPLICABLE, that the provid-
 er has done so.
   (IV) Any provider who is directed to cease operations pursuant to this
 paragraph shall be entitled to a hearing before the office  of  children
 and  family services, OR FOR PROGRAMS REFERENCED IN SUBDIVISION THIRTEEN
 OF THIS SECTION, THE LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUCH SUBDI-
 VISION. If the provider requests a hearing to contest the  directive  to
 cease  operations, such hearing must be scheduled to commence as soon as
 possible but in no event later than thirty days after the receipt of the
 request [by the office of children and family  services].  The  provider
 may  not  operate  the  center,  home or program after being directed to
 cease operations, regardless of whether a hearing is requested.
   (V) If the provider does not cease operations, the office of  children
 and  family  services may impose a civil penalty pursuant to subdivision
 eleven of this section, seek an injunction  pursuant  to  section  three
 hundred ninety-one of this title, or both.
   § 2. Subdivision 8 of section 390 of the social services law, as added
 by chapter 750 of the laws of 1990, is amended to read as follows:
   8.  (A)  The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall
 establish and maintain a [list of all current] SEARCHABLE REGISTRY  THAT
 PROVIDES DETAILED INFORMATION FOR ALL CHILD DAY CARE PROGRAMS registered
 and  licensed  [child day care programs and a list of all programs whose
 license or registration  has  been  revoked,  rejected,  terminated,  or
 suspended]  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES AND ALL CHILD
 DAY CARE CENTERS REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION THAT
 ARE PERMITTED BY THE LOCAL GOVERNMENTAL ENTITY REFERENCED IN SUCH SUBDI-
 VISION.  Such information shall be available to the public[, pursuant to
 procedures developed by the department] ON THE OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES'  WEBSITE  AND  SHALL  BE SEARCHABLE BY THE NAME OF THE
 PERSON ON THE LICENSE, REGISTRATION OR PERMIT AS WELL AS BY THE NAME  OF
 THE CHILD DAY CARE PROGRAM.
   (B)  (I)  SUCH REGISTRY SHALL INCLUDE COMPREHENSIBLE INFORMATION ABOUT
 THE PROGRAMS LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT ARE  OPER-
 ATING OR SUSPENDED AND ANY PROGRAM THAT HAS BEEN REVOKED IN THE LAST SIX
 YEARS.  SUCH  INFORMATION  SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED
 TO, THE PARTICULAR PROGRAM'S  COMPLIANCE  AND  INSPECTION  HISTORY,  AND
 WHETHER  THE PROGRAM'S LICENSE, REGISTRATION OR PERMIT HAS BEEN REVOKED,

 S. 2006--B                         175
 
 REJECTED, DENIED, LIMITED OR SUSPENDED AND THE REASON OR REASONS  THERE-
 FORE.
   (II)  SUCH  REGISTRY  SHALL  ALSO CONTAIN INFORMATION ON PROGRAMS THAT
 HAVE BEEN FOUND TO BE OPERATING WITHOUT THE REQUIRED LICENSE,  REGISTRA-
 TION  OR PERMIT IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION THREE OF
 THIS SECTION.
   (C) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  A
 LOCAL  GOVERNMENTAL  ENTITY  REFERENCED  IN SUBDIVISION THIRTEEN OF THIS
 SECTION SHALL PROVIDE TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,  IN
 THE TIME AND MANNER REQUIRED BY THE OFFICE, ANY INFORMATION ON CHILD DAY
 CARE  CENTERS REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION THAT IS
 NEEDED  PURSUANT  TO  THE  REQUIREMENTS  OF  THIS  SUBDIVISION  FOR  THE
 REGISTRY.
   §  3.  Subdivision  10  of  section 390 of the social services law, as
 amended by chapter 416 of the laws  of  2000,  is  amended  to  read  as
 follows:
   10.  (A)  Any home or facility providing child day care shall be oper-
 ated  in  accordance  with  applicable  statutes  and  regulations.  Any
 violation  of  applicable  statutes  or  regulations shall be a basis to
 deny, REJECT, limit, suspend[,] OR revoke[, or terminate] a  license  or
 registration.
   (B)  Consistent  with  articles twenty-three and twenty-three-A of the
 correction law, and guidelines referenced in subdivision two of  section
 four  hundred twenty-five of this article, if the office of children and
 family services is made aware of the existence of a criminal  conviction
 or  pending  criminal charge concerning an operator of a family day care
 home, group family day care home,  school-age  child  care  program,  or
 child day care center or concerning any assistant, employee or volunteer
 in  such homes, programs or centers, or any persons age eighteen or over
 who reside in such homes, such conviction or charge may be  a  basis  to
 deny,  limit,  suspend,  revoke,  OR reject[, or terminate] a license or
 registration.
   (C)(I) Before any license  OR  REGISTRATION  issued  pursuant  to  the
 provisions  of  this  section  is suspended, LIMITED or revoked[, before
 registration pursuant to this section is suspended  or  terminated],  or
 when  an  application  for  such  license  OR  REGISTRATION is denied or
 [registration] rejected, the applicant for or holder of  such  registra-
 tion  or  license  is  entitled,  pursuant to section twenty-two of this
 chapter and the  regulations  of  the  office  of  children  and  family
 services,  to  a  hearing  before  the  office  of  children  and family
 services.
   (II) However, a license or registration [shall] MAY  be  [temporarily]
 suspended or limited without a hearing upon written notice to the opera-
 tor of the facility following a finding that SUSPENSION OR LIMITATION OF
 THE  LICENSE OR REGISTRATION IS NECESSARY TO PROTECT the public health[,
 or an individual's safety or welfare, are in imminent  danger.]  OR  THE
 HEALTH  AND  SAFETY  OF CHILDREN. PROVIDED, HOWEVER, THAT A FINDING THAT
 SUSPENSION OR LIMITATION IS NECESSARY TO PROTECT THE HEALTH  AND  SAFETY
 OF  CHILDREN  IN ACCORDANCE WITH THIS SUBPARAGRAPH SHALL ONLY BE MADE IF
 THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES, AS A RESULT OF  A
 VIOLATION OF THIS SECTION OR THE APPLICABLE REGULATIONS OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES, THAT:
   (A)  SERIOUS  PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF THE PENAL
 LAW OR DEATH OF A CHILD OCCURRED;
   (B) A CONDITION OCCURRED OR EXISTS THAT PLACES  A  CHILD  AT  RISK  OF
 SERIOUS PHYSICAL, MENTAL OR EMOTIONAL HARM, OR RISK OF DEATH, SERIOUS OR

 S. 2006--B                         176
 
 PROTRACTED   DISFIGUREMENT  OR  PROTRACTED  IMPAIRMENT  OF  PHYSICAL  OR
 EMOTIONAL HEALTH;
   (C)  THE  PROVIDER  REFUSED TO PROVIDE INSPECTION STAFF WITH ACCESS TO
 THE CHILD DAY CARE PROGRAM AS IS OTHERWISE REQUIRED OR AUTHORIZED BY LAW
 DURING THE PROGRAM'S HOURS OF OPERATION; OR
   (D) THE PROVIDER REFUSED  TO  PROVIDE  TIMELY  ACCESS  TO  INFORMATION
 REGARDING  THE PROGRAM THAT IS NECESSARY TO MAKE DETERMINATIONS RELATING
 TO THE HEALTH AND SAFETY OF CHILDREN IN THE CARE OF THE PROGRAM OR  THAT
 IS REQUIRED BY STATE OR FEDERAL LAW, RULE OR REGULATION IF:
   (1) THE PROVIDER WAS GIVEN A REASONABLE PERIOD OF TIME TO PRODUCE SUCH
 INFORMATION; AND
   (2) IF THE INFORMATION REQUIRED TO BE PROVIDED IS DEPENDENT ON A THIRD
 PARTY PROVIDING SUCH INFORMATION, THAT THE PROVIDER DID NOT MAKE REASON-
 ABLE EFFORTS TO TIMELY OBTAIN SUCH INFORMATION.
   (III)  The  holder of a license or registrant is entitled to a hearing
 before the office of children and family services to contest the [tempo-
 rary] suspension or limitation. If the holder of a license or registrant
 requests a hearing to contest the [temporary] suspension or  limitation,
 such hearing must be scheduled to commence as soon as possible but in no
 event  later  than  thirty  days after the receipt of the request by the
 office of children and family services. Suspension shall continue  until
 the condition requiring suspension or limitation is corrected or until a
 hearing  decision  has been issued. If the office of children and family
 services determines after a hearing that the [temporary]  suspension  or
 limitation  was  proper, such suspension or limitation shall be extended
 until  the  condition  requiring  suspension  or  limitation  has   been
 corrected or until the license or registration has been revoked.
   §  4.  Paragraph  (a)  of  subdivision 11 of section 390 of the social
 services law, as amended by chapter 416 of the laws of 2000, is  amended
 to read as follows:
   (a)  (i)  The office of children and family services shall adopt regu-
 lations establishing civil penalties of no more than [five hundred]  TWO
 THOUSAND  dollars per day to be assessed against child day care centers,
 school age child care programs, group family day care  homes  or  family
 day  care  homes  for violations of this section, sections three hundred
 ninety-a and three hundred ninety-b of this title  and  any  regulations
 promulgated  thereunder.  The  regulations  establishing civil penalties
 shall specify the violations subject to penalty BASED ON THE SEVERITY OF
 THE VIOLATION.  PROVIDED, HOWEVER, THAT SUCH REGULATIONS  SHALL  PROVIDE
 THAT:
   (A) A CIVIL PENALTY OF NO MORE THAN ONE THOUSAND DOLLARS PER DAY FOR A
 FIRST  TIME  OFFENSE  AND  NO MORE THAN TWO THOUSAND DOLLARS PER DAY FOR
 SUBSEQUENT OFFENSES MAY BE ASSESSED FOR A VIOLATION OF THIS  SECTION  OR
 OF  A  REGULATORY  REQUIREMENT  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES WHICH HARMS A CHILD OR PLACES A CHILD AT RISK OF DEATH, SERIOUS
 OR PROTRACTED DISFIGUREMENT, OR PROTRACTED  IMPAIRMENT  OF  PHYSICAL  OR
 EMOTIONAL HEALTH;
   (B) A CIVIL PENALTY OF NO MORE THAN FIVE HUNDRED DOLLARS PER DAY FOR A
 FIRST  TIME  OFFENSE  AND  NO MORE THAN ONE THOUSAND DOLLARS PER DAY FOR
 SUBSEQUENT OFFENSES MAY BE ASSESSED FOR A VIOLATION OF THIS  SECTION  OR
 OF  A  REGULATORY  REQUIREMENT  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES WHICH PLACES A CHILD AT RISK OF PHYSICAL, MENTAL  OR  EMOTIONAL
 HARM; AND
   (C)  A CIVIL PENALTY OF NO MORE THAN TWO HUNDRED DOLLARS PER DAY FOR A
 SECOND OFFENSE IN AN EIGHTEEN  MONTH  PERIOD,  AND  NO  MORE  THAN  FOUR
 HUNDRED  DOLLARS  PER  DAY FOR SUBSEQUENT OFFENSES MAY BE ASSESSED FOR A

 S. 2006--B                         177
 
 VIOLATION OF THIS SECTION OR OF A REGULATORY REQUIREMENT OF  THE  OFFICE
 OF  CHILDREN  AND  FAMILY SERVICES THAT IS NOT INCLUDED IN CLAUSE (A) OR
 (B) OF THIS SUBPARAGRAPH.
   (ii)  The  office  of  children  and family services shall adopt regu-
 lations establishing civil penalties of no more than TWO  THOUSAND  five
 hundred  dollars per day to be assessed against child day care providers
 who operate child day care centers or group family day care homes  with-
 out  a  license  or  who operate family day care homes, school-age child
 care programs, or child day care centers required to be registered with-
 out obtaining such registration.
   (iii) In addition to any other civil or criminal penalty  provided  by
 law,  the office of children and family services shall have the power to
 assess civil penalties in accordance with its regulations adopted pursu-
 ant to this subdivision after a hearing  conducted  in  accordance  with
 procedures  established  by  regulations  of  the office of children and
 family services. Such procedures shall require that notice of  the  time
 and  place  of  the  hearing,  together  with  a statement of charges of
 violations, shall be served in person or by certified mail addressed  to
 the  school  age  child care program, group family day care home, family
 day care home, or child day care center at least thirty  days  prior  to
 the  date  of  the hearing. The statement of charges shall set forth the
 existence of the violation or violations,  the  amount  of  penalty  for
 which the program may become liable[,] AND the steps which must be taken
 to  rectify  the  violation,  and  where  applicable, a statement that a
 penalty may be imposed regardless of rectification. A written answer  to
 the charges of violations shall be filed with the office of children and
 family services not less than ten days prior to the date of hearing with
 respect  to each of the charges and shall include all material and rele-
 vant matters which, if not disclosed in the answer, would not likely  be
 known to the office of children and family services.
   (iv)  The  hearing  shall be held by the commissioner of the office of
 children and family services or the commissioner's designee. The  burden
 of  proof  at such hearing shall be on the office of children and family
 services to show that the charges are supported by  a  preponderance  of
 the  evidence.  The  commissioner  of  the office of children and family
 services or the commissioner's designee, in his or her  discretion,  may
 allow the child day care center operator or provider to attempt to prove
 by  a  preponderance  of  the  evidence  any  matter not included in the
 answer. Where the child day care  provider  satisfactorily  demonstrates
 that it has rectified the violations in accordance with the requirements
 of paragraph (c) of this subdivision, no penalty shall be imposed except
 as provided in paragraph (c) of this subdivision.
   (V)  NOTHING  HEREIN  SHALL PROHIBIT THE OFFICE OF CHILDREN AND FAMILY
 SERVICES FROM FORGIVING OR REDUCING A CIVIL PENALTY IN THE EVENT THAT  A
 VIOLATION  IS  RECTIFIED,  OR AS PART OF THE ENFORCEMENT OR FAIR HEARING
 PROCESS.
   § 5. Subparagraph (ii) of paragraph (c) of subdivision 11  of  section
 390 of the social services law, as amended by chapter 117 of the laws of
 2010, is amended to read as follows:
   (ii)  [Clause]  SUBPARAGRAPH  (i)  of  this paragraph notwithstanding,
 rectification shall not preclude the imposition of a penalty pursuant to
 this subdivision where:
   (A) the child day care provider has operated a child day  care  center
 or  group  family day care home without a license, has refused to seek a
 license for the operation of such a center or home, or has continued  to

 S. 2006--B                         178

 operate  such  a  center  or home after denial of a license application,
 revocation of an existing license or suspension of an existing license;
   (B)  the  child day care provider has operated a family day care home,
 school-age child care program or child day care center  required  to  be
 registered  without  being  registered, has refused to seek registration
 for the operation of such home, program or center or  has  continued  to
 operate  such  a  home, program or center after denial of a registration
 application, revocation of an existing registration or suspension of  an
 existing registration;
   (C)  there  has  been a total or substantial failure of the facility's
 fire detection or prevention systems or emergency evacuation procedures;
   (D) the child day care provider or an assistant, employee or volunteer
 has failed to provide adequate and competent supervision;
   (E) the child day care provider or an assistant, employee or volunteer
 has failed to provide adequate sanitation;
   (F) the child day care provider or an assistant,  employee,  volunteer
 or,  for  a family day care home or group family day care home, a member
 of the provider's household, has injured a child in  care,  unreasonably
 failed  to  obtain  medical attention for a child in care requiring such
 attention, used corporal punishment against a child in care or abused or
 maltreated a child in care;
   (G) the child day care provider has violated  the  same  statutory  or
 regulatory  standard  more  than  once  within [a six] AN EIGHTEEN month
 period;
   (H) the child day care provider or an assistant, employee or volunteer
 has failed to make a report of suspected  child  abuse  or  maltreatment
 when required to do so pursuant to section four hundred thirteen of this
 article; [or]
   (I) the child day care provider or an assistant, employee or volunteer
 has  submitted  to  the  office of children and family services a forged
 document as defined in section 170.00 of the penal law; OR
   (J) THE CHILD DAY CARE PROVIDER VIOLATED  A  STATUTORY  OR  REGULATORY
 REQUIREMENT  NOT  OTHERWISE CONTAINED IN THIS SUBPARAGRAPH THAT RESULTED
 IN HARM OR RISK TO A CHILD IN ACCORDANCE WITH THE STANDARDS CONTAINED IN
 CLAUSES (A) OR (B) OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION.
   § 6. Paragraph (e) of subdivision 11 of  section  390  of  the  social
 services law, as added by chapter 117 of the laws of 2010, is amended to
 read as follows:
   (e)(i) The office of children and family services shall deny OR REJECT
 a  new  application  for  licensure  or  registration made by a day care
 provider whose license  or  registration  was  previously  SUSPENDED  OR
 revoked  or [terminated] WHOSE RENEWAL WAS DENIED OR REJECTED based on a
 violation of statute or regulation for a period  of  [two]  THREE  years
 from  the date that the revocation [or termination] OR SUSPENSION of the
 license or registration became finally effective[, unless such]  OR  THE
 DATE  THE RENEWAL WAS DENIED OR REJECTED, WHICHEVER IS EARLIER. PROVIDED
 HOWEVER, THE APPLICATION MAY BE APPROVED IF THE  office  determines,  in
 its  discretion, that SUCH approval [of the application] will not in any
 way jeopardize the health, safety or welfare of children in the  center,
 program  or home.  For the purposes of this paragraph, the date that the
 revocation [or termination] became finally effective shall be, as appli-
 cable:
   (A) the date that the revocation  [or  termination]  became  effective
 based on the notice of revocation [or termination];

 S. 2006--B                         179
 
   (B)  the date that the hearing decision was issued upholding the revo-
 cation [or termination];
   (C)  the date of issuance of a final court order affirming the revoca-
 tion [or termination] or affirming a hearing decision  that  upheld  the
 revocation [or termination]; or
   (D)  another  date  mutually agreed upon by the office of children and
 family services and the provider.
   (ii)(A) Such office shall deny OR REJECT  a  new  application  OR  THE
 RENEWAL  OF  AN  APPLICATION for licensure or registration made by a day
 care provider who is enjoined or otherwise prohibited by a  court  order
 from  operation of a day care center, group family day care home, family
 day care home or school-age child care  program  without  a  license  or
 registration  for  a  period  of  [two] THREE years from the date of the
 court order unless the court order  specifically  enjoins  the  provider
 from  providing  day care for a period longer than [two] THREE years, in
 which case the office shall deny OR REJECT any new application  made  by
 the provider while the provider is so enjoined.
   (B)  Such  office shall deny OR REJECT a new application for licensure
 or registration made by a day care provider who  is  assessed  a  second
 civil  penalty  by  such  office  for having operated a day care center,
 group family day care home, family day care  home  or  school-age  child
 care  program  without  a  license or registration for a period of [two]
 FIVE years from the date of the second fine. For the  purposes  of  this
 paragraph,  the  date  of  the second fine shall be either the date upon
 which the day care provider signs a stipulation  agreement  to  pay  the
 second  fine or the date upon which a hearing decision is issued affirm-
 ing the determination of such office  to  impose  the  second  fine,  as
 applicable.
   (iii)  A  day  care  provider who surrenders the provider's license or
 registration while such office is engaged in enforcement seeking suspen-
 sion[,] OR revocation [or termination] of  such  provider's  license  or
 registration pursuant to the regulations of such office, shall be deemed
 to  have  had  their license or registration revoked [or terminated] and
 shall be subject to the prohibitions against licensing  or  registration
 pursuant  to  subparagraph  (i)  of this paragraph for a period of [two]
 THREE years from the date of surrender of the license or registration.
   § 7. Subdivision 11 of section 390  of  the  social  services  law  is
 amended by adding a new paragraph (f) to read as follows:
   (F) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DENY A NEW APPLI-
 CATION  FOR  LICENSURE  OR REGISTRATION OR THE RENEWAL OF AN APPLICATION
 FOR LICENSURE OR REGISTRATION MADE BY A  CHILD  DAY  CARE  PROVIDER  WHO
 OPERATED  A  PROGRAM  REFERENCED IN SUBDIVISION THIRTEEN OF THIS SECTION
 AND WHOSE PERMIT WAS PREVIOUSLY REVOKED OR SUSPENDED  OR  WHOSE  RENEWAL
 WAS DENIED OR REJECTED BASED ON A VIOLATION OF STATUTE OR REGULATION FOR
 A  PERIOD OF THREE YEARS FROM THE DATE THAT THE REVOCATION OR SUSPENSION
 OF THE PERMIT BECAME FINALLY EFFECTIVE  OR  THE  DATE  THE  RENEWAL  WAS
 DENIED  OR  REJECTED.  FOR THE PURPOSES OF THIS PARAGRAPH, THE DATE THAT
 THE REVOCATION OR SUSPENSION BECAME FINALLY EFFECTIVE SHALL BE BASED  ON
 AN  APPLICATION  OF  THE  PROVISIONS ENUMERATED IN PARAGRAPH (E) OF THIS
 SUBDIVISION, AS APPLICABLE.
   § 8. Section 390 of the social services law is amended by adding a new
 subdivision 11-a to read as follows:
   11-A. WHEN AN ENFORCEMENT  ACTION  FOR  SUSPENSION  OR  REVOCATION  IS
 COMMENCED AGAINST A CHILD CARE PROVIDER THAT OWNS MULTIPLE PROGRAMS, THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  IS AUTHORIZED TO ASSESS THE

 S. 2006--B                         180
 
 HEALTH AND SAFETY OF THE CHILDREN IN THE OTHER PROGRAMS  OWNED  BY  SUCH
 PROVIDER WITHIN TWO BUSINESS DAYS.
   §  9.  Subdivision  13  of  section 390 of the social services law, as
 amended by chapter 160 of the laws  of  2003,  is  amended  to  read  as
 follows:
   13. Notwithstanding any other provision of law[,] TO THE CONTRARY:
   (A)  this  section, except for THIS SUBDIVISION AND, WHERE APPLICABLE,
 paragraph [(a-1) of subdivision two-a] (D) OF SUBDIVISION THREE,  SUBDI-
 VISION  EIGHT  AND  PARAGRAPH (F) OF SUBDIVISION ELEVEN of this section,
 shall not apply to child day care centers in the city of New York[.];
   (B) THE APPLICABLE REGULATORY STANDARD  FOR  CHILD  DAY  CARE  CENTERS
 REFERENCED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE LESS STRIN-
 GENT  THAN  THE APPLICABLE SAFETY REGULATIONS FOR CHILD DAY CARE CENTERS
 CONTAINED IN TITLE EIGHTEEN OF THE  NEW  YORK  CODES,  RULES  AND  REGU-
 LATIONS; AND
   (C)  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES MAY DIRECT THE LOCAL
 GOVERNMENTAL ENTITY THAT HAS OVERSIGHT OVER THE CHILD DAY  CARE  CENTERS
 REFERENCED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION TO TAKE ANY ACTION
 CONSISTENT WITH THE PROVISIONS OF THIS SECTION WHEN NECESSARY TO PROTECT
 THE PUBLIC HEALTH OR CHILD HEALTH OR SAFETY IN ACCORDANCE WITH THE STAN-
 DARD DETAILED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF  SUBDIVISION  TEN
 OF  THIS  SECTION  IN  RELATION  TO CHILD DAY CARE CENTERS REFERENCED IN
 PARAGRAPH (A) OF THIS SUBDIVISION.
   § 10. Section 390-i of the social services law, as added by section  1
 of  part  Q  of  chapter  56  of the laws of 2014, is amended to read as
 follows:
   § 390-i. Notice of inspection report, LIMITATION, SUSPENSION OR  REVO-
 CATION.    1. In every child day care program that is licensed or regis-
 tered pursuant to section three hundred ninety of this title, the  child
 day  care  provider  shall  IMMEDIATELY post and maintain in a prominent
 place[, a] VISIBLE TO PARENTS OR CAREGIVERS:
   (A) A notice, to be provided by the  office  of  children  and  family
 services,  that  shall  state  the  date  the  most  recent  child  care
 inspection occurred and provide information for parents  and  caregivers
 regarding  how  to  obtain  information  from  such office regarding the
 results of the inspection; AND
   (B) THE PROVIDER'S MOST RECENT COMPLIANCE  HISTORY  AS  SHOWN  ON  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES WEBSITE.
   2.  IN  EVERY  CHILD  DAY  CARE PROGRAM THAT IS LICENSED OR REGISTERED
 PURSUANT TO SECTION THREE HUNDRED NINETY OF THIS TITLE AND  EVERY  CHILD
 DAY  CARE  CENTER  REFERENCED  IN  SUBDIVISION THIRTEEN OF SECTION THREE
 HUNDRED NINETY OF THIS TITLE, THE CHILD DAY CARE  PROVIDER  SHALL  IMME-
 DIATELY  POST  AND  MAINTAIN IN A PROMINENT PLACE, VISIBLE TO PARENTS OR
 CAREGIVERS, ANY NOTICE ISSUED TO THE PROVIDER OF THE SUSPENSION, REVOCA-
 TION OR LIMITATION OF THE PROGRAM.  A NOTICE OF SUSPENSION OR LIMITATION
 MUST REMAIN POSTED FOR A PERIOD OF AT LEAST THIRTY  DAYS  AND  AT  LEAST
 UNTIL  SUCH TIME AS THE CONDITION REQUIRING SUSPENSION OR LIMITATION HAS
 BEEN DEEMED CORRECTED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  OR
 THE  LOCAL  GOVERNMENTAL  ENTITY  REFERENCED  IN SUBDIVISION THIRTEEN OF
 SECTION THREE HUNDRED NINETY OF THIS TITLE, OR IN  THE  EVENT  THAT  THE
 CONDITION  IS  NOT DEEMED CORRECTED, UNTIL THE PROGRAM'S LICENSE, REGIS-
 TRATION OR PERMIT HAS BEEN REVOKED.
   3. If possible, the child day care provider shall also post [such] ALL
 THE information AND NOTICES LISTED IN SUBDIVISIONS ONE AND TWO  OF  THIS
 SECTION  on  the  child day care program's website. [Such child day care
 programs shall post and maintain, in a prominent place,  such  program's

 S. 2006--B                         181

 most  recent  compliance  history as shown on the office of children and
 family services website.]
   § 11. This act shall take effect immediately, provided, however, that:
   a.  Sections  one, three, four, five, six, eight, and nine of this act
 shall take effect on the ninetieth day after it shall have become a law;
   b. Section ten of this act shall take effect twelve  months  after  it
 shall have become a law;
   c.  Sections  two  and  seven  of  this act shall take effect eighteen
 months after it shall have become a law; and
   d. The office of children and family services is authorized to promul-
 gate any rule or regulation necessary for the timely  implementation  of
 this act.
 
                                  PART UU
 
   Section  1.  Legislative intent. The legislature hereby recognizes the
 need to invest in individuals committed to working in the field of child
 welfare  by  providing  higher  education  incentives  for  current  and
 prospective  employees.  This  workforce  is  in  charge of ensuring the
 health, safety, and well-being of our state's most  vulnerable  children
 and  families. By providing current and prospective employees the oppor-
 tunity for affordable higher education, we are enhancing  their  ability
 to  meet  the needs of the children and youth in care, many of whom have
 experienced profound trauma, as well as providing the skills  needed  to
 operate in today's changing health landscape.
   §  2.  The  education  law is amended by adding a new section 679-h to
 read as follows:
   § 679-H. NEW YORK STATE CHILD  WELFARE  WORKER  INCENTIVE  SCHOLARSHIP
 PROGRAM.  1.   PURPOSE. THE PRESIDENT SHALL GRANT SCHOLARSHIP AWARDS FOR
 THE PURPOSE OF ENHANCING THE PROFICIENCY OF CURRENT CHILD WELFARE  WORK-
 ERS  IN NEW YORK STATE. SUCH AWARDS SHALL BE MADE ON A COMPETITIVE BASIS
 TO APPLICANTS WHO ARE CURRENTLY EMPLOYED AT A  VOLUNTARY  NOT-FOR-PROFIT
 CHILD WELFARE AGENCY IN THE STATE LICENSED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES WITH AT LEAST TWO YEARS' EXPERIENCE AND ARE ENROLLING IN
 AN  APPROVED  PROGRAM TO OBTAIN A DEGREE THAT WILL ENHANCE THEIR ABILITY
 TO WORK IN SUCH AGENCY.
   2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS  SECTION,
 APPLICANTS SHALL:  (A) BE CURRENTLY EMPLOYED AT A VOLUNTARY NOT-FOR-PRO-
 FIT CHILD WELFARE AGENCY IN THE STATE LICENSED BY THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES WITH AT LEAST TWO YEARS' EXPERIENCE; (B) ENROLL IN
 AN UNDERGRADUATE OR GRADUATE  DEGREE  PROGRAM  IN  A  FIELD  THAT  WOULD
 ENHANCE THEIR ABILITY TO WORK IN SUCH AGENCY AS DETERMINED BY THE PRESI-
 DENT;  (C)  AGREE  TO  WORK  IN A VOLUNTARY NOT-FOR-PROFIT CHILD WELFARE
 AGENCY IN THE STATE LICENSED  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  ON  A  FULL-TIME BASIS FOR A PERIOD OF NO LESS THAN FIVE YEARS
 UPON COMPLETION OF SUCH DEGREE PROGRAM; AND (D) COMPLY WITH SUBDIVISIONS
 THREE AND FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART.
   3. AWARD CONDITIONS AND REQUIREMENTS. A. SCHOLARSHIPS SHALL BE AWARDED
 ON A COMPETITIVE BASIS TO APPLICANTS WHOM THE CORPORATION HAS  CERTIFIED
 ARE  ELIGIBLE  TO RECEIVE SUCH AWARDS; AND WHO AGREE TO WORK IN A VOLUN-
 TARY NOT-FOR-PROFIT CHILD WELFARE AGENCY IN THE STATE  LICENSED  BY  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES ON A FULL-TIME BASIS FOR A PERIOD
 OF NO LESS THAN FIVE YEARS UPON COMPLETION OF SUCH DEGREE.
   B. AN APPLICANT MUST MAKE EVERY REASONABLE EFFORT TO OBTAIN EMPLOYMENT
 IN A VOLUNTARY NOT-FOR-PROFIT CHILD WELFARE AGENCY IN THE STATE LICENSED
 BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UPON GRADUATION.

 S. 2006--B                         182
 
   4.  AMOUNT. THE CORPORATION SHALL GRANT SUCH AWARDS WITHIN THE AMOUNTS
 APPROPRIATED FOR SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS ACCORD-
 ING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION IN AN AMOUNT:
   A.  EQUAL  TO THE TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING
 AN UNDERGRADUATE OR GRADUATE DEGREE PROGRAM AT THE STATE  UNIVERSITY  OF
 NEW  YORK; THE AVERAGE MANDATORY FEES CHARGED AT THE STATE UNIVERSITY OF
 NEW YORK, OR THE ACTUAL TUITION  AND  FEES  CHARGED  TO  THE  RECIPIENT,
 WHICHEVER  IS  LESS;  AND THE AVERAGE NON-TUITION COST OF ATTENDANCE, AS
 DETERMINED BY THE CORPORATION AND AS APPROVED BY  THE  DIRECTOR  OF  THE
 BUDGET,  FOR  A  STUDENT  AT  THE STATE UNIVERSITY OF NEW YORK OR ACTUAL
 NON-TUITION COST OF ATTENDANCE AT SUCH INSTITUTION, WHICHEVER  IS  LESS,
 PROVIDED  THAT  THE SCHOLARSHIP SHALL NOT EXCEED AN AMOUNT THAT IS EQUAL
 TO THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV  STUDENT
 FINANCIAL  AID PURPOSES, LESS ALL OTHER SCHOLARSHIPS AND GRANTS PROVIDED
 BY THE STATE, OTHER STATES, THE FEDERAL  GOVERNMENT,  OR  OTHER  GOVERN-
 MENTS,  AND  THE  AMOUNT  OF EDUCATIONAL BENEFITS PAID UNDER ANY PROGRAM
 THAT WOULD DUPLICATE THE PURPOSES OF THIS  PROGRAM,  PROVIDED  THAT  ANY
 SCHOLARSHIPS  OR GRANTS PROVIDED TO A RECIPIENT BY THE INSTITUTION WHICH
 ARE INTENDED TO FUND ANY PORTION OF THE DIFFERENCE  BETWEEN  THE  ANNUAL
 STATE  AWARD  AND THE ACTUAL COSTS OF ATTENDANCE AT ANY SUCH INSTITUTION
 SHALL NOT BE CONSIDERED TO DUPLICATE THE PURPOSES OF THIS PROGRAM.
   B. NOT TO EXCEED TWENTY THOUSAND DOLLARS FOR A MASTER'S DEGREE PROGRAM
 AT A PRIVATE INSTITUTION; THE AVERAGE  MANDATORY  FEES  CHARGED  AT  THE
 PRIVATE  INSTITUTION,  OR  THE  ACTUAL  TUITION  AND FEES CHARGED TO THE
 RECIPIENT, WHICHEVER IS  LESS;  AND  THE  AVERAGE  NON-TUITION  COST  OF
 ATTENDANCE,  AS  DETERMINED  BY  THE  CORPORATION AND AS APPROVED BY THE
 DIRECTOR OF THE BUDGET, FOR A STUDENT AT  SUCH  PRIVATE  INSTITUTION  OR
 ACTUAL  NON-TUITION COST OF ATTENDANCE AT SUCH INSTITUTION, WHICHEVER IS
 LESS, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN AMOUNT  THAT  IS
 EQUAL  TO  THE  TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
 STUDENT FINANCIAL AID PURPOSES, LESS ALL OTHER SCHOLARSHIPS  AND  GRANTS
 PROVIDED  BY  THE  STATE, OTHER STATES, THE FEDERAL GOVERNMENT, OR OTHER
 GOVERNMENTS, AND THE AMOUNT  OF  EDUCATIONAL  BENEFITS  PAID  UNDER  ANY
 PROGRAM THAT WOULD DUPLICATE THE PURPOSES OF THIS PROGRAM, PROVIDED THAT
 ANY  SCHOLARSHIPS  OR  GRANTS PROVIDED TO A RECIPIENT BY THE INSTITUTION
 WHICH ARE INTENDED TO FUND ANY PORTION OF  THE  DIFFERENCE  BETWEEN  THE
 ANNUAL STATE AWARD AND THE ACTUAL COSTS OF ATTENDANCE AT ANY SUCH INSTI-
 TUTION  SHALL  NOT  BE  CONSIDERED  TO  DUPLICATE  THE  PURPOSES OF THIS
 PROGRAM.
   5. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR OTHER
 AWARDS.
   6. PENALTIES FOR NONCOMPLIANCE. A. THE  CORPORATION  MAY  COLLECT  THE
 FULL  AMOUNT OF THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST,
 ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION, IF ONE YEAR
 AFTER THE COMPLETION OF THE DEGREE PROGRAM IT IS FOUND THAT AN APPLICANT
 DID NOT BEGIN EMPLOYMENT AT A  VOLUNTARY  NOT-FOR-PROFIT  CHILD  WELFARE
 AGENCY  IN  THE  STATE  LICENSED  BY  THE  OFFICE OF CHILDREN AND FAMILY
 SERVICES.
   B. THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE SCHOLARSHIP AWARD
 SHALL BE DETERMINED BY THE CORPORATION.
   § 3. The education law is amended by adding a  new  section  679-i  to
 read as follows:
   §  679-I.  NEW YORK STATE CHILD WELFARE WORKER LOAN FORGIVENESS INCEN-
 TIVE PROGRAM. 1.   PURPOSE.  THE  PRESIDENT  SHALL  GRANT  STUDENT  LOAN
 FORGIVENESS  AWARDS FOR THE PURPOSE OF ATTRACTING WORKERS TO BE EMPLOYED
 IN VOLUNTARY NOT-FOR-PROFIT CHILD WELFARE AGENCIES  IN  NEW  YORK  STATE

 S. 2006--B                         183
 
 LICENSED  BY  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES.  SUCH AWARDS
 SHALL BE MADE ON A COMPETITIVE BASIS, IN ACCORDANCE WITH RULES AND REGU-
 LATIONS PROMULGATED BY THE CORPORATION FOR SUCH PURPOSES, TO  APPLICANTS
 WHO MEET THE ELIGIBILITY CRITERIA.
   2.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION,
 APPLICANTS SHALL:  (A) HAVE GRADUATED AND OBTAINED AN  UNDERGRADUATE  OR
 GRADUATE  DEGREE  FROM AN APPROVED NEW YORK STATE COLLEGE OR UNIVERSITY;
 (B) HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM  OBTAINING  SUCH  DEGREE;
 (C)  AGREE TO WORK IN A VOLUNTARY NOT-FOR-PROFIT CHILD WELFARE AGENCY IN
 THE STATE LICENSED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES  ON  A
 FULL-TIME  BASIS  FOR A PERIOD OF NO LESS THAN FIVE YEARS; (D) APPLY FOR
 THIS PROGRAM WITHIN TWO YEARS OF COLLEGE GRADUATION; AND (E) COMPLY WITH
 SUBDIVISIONS THREE AND FIVE OF SECTION SIX  HUNDRED  SIXTY-ONE  OF  THIS
 PART.
   3.  AWARDS.  NO  GREATER THAN TEN AWARDS SHALL BE GRANTED TO QUALIFIED
 APPLICANTS IN THE AMOUNT OF UP TO TEN THOUSAND  DOLLARS  PER  YEAR,  PER
 APPLICANT,  NOT TO EXCEED A DURATION OF FIVE YEARS AND NOT TO EXCEED THE
 TOTAL AMOUNT OF SUCH APPLICANT'S  STUDENT  LOAN  DEBT.  THE  CORPORATION
 SHALL  GRANT  SUCH  AWARDS WITHIN AMOUNTS APPROPRIATED FOR SUCH PURPOSES
 AND BASED ON THE AVAILABILITY OF FUNDS. NO ONE APPLICANT  SHALL  RECEIVE
 MORE  THAN A TOTAL OF FIFTY THOUSAND DOLLARS UPON THE END OF A FIVE-YEAR
 PERIOD.
   4. PRIORITY. FIRST PRIORITY SHALL  BE  GIVEN  TO  APPLICANTS  WHO  ARE
 COMPLETING  THE SECOND, THIRD, FOURTH OR FIFTH YEAR OF FULL-TIME EMPLOY-
 MENT AT A VOLUNTARY NOT-FOR-PROFIT CHILD WELFARE  AGENCY  IN  THE  STATE
 LICENSED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. SECOND PRIORITY
 SHALL BE GIVEN TO AN APPLICANT WHO CAN DEMONSTRATE ECONOMIC NEED BUT DID
 NOT RECEIVE AN AWARD DURING THE FIRST YEAR OF THIS PROGRAM'S  OPERATION.
 IF  LARGER  NUMBERS OF APPLICANTS ARE ELIGIBLE PURSUANT TO THIS SUBDIVI-
 SION THAN FUNDS AVAILABLE, APPLICANTS SHALL BE CHOSEN PURSUANT TO  RULES
 AND  REGULATIONS PROMULGATED BY THE CORPORATION. PROVIDED, HOWEVER, THAT
 EACH APPLICANT CHOSEN SHALL RECEIVE AN  AWARD  OF  UP  TO  TEN  THOUSAND
 DOLLARS IN EACH YEAR SUCH APPLICANT IS ACCEPTED INTO THE PROGRAM.
   § 4. This act shall take effect immediately.
 
                                  PART VV
 
   Section  1.  Subdivisions 1 and 2 of section 667 of the education law,
 subdivision 1 as amended by chapter 622 of the laws of 2008 and subdivi-
 sion 2 as amended by section 1 of part J of chapter 58 of  the  laws  of
 2011, are amended to read as follows:
   1.  Recipient  qualifications.  Tuition  assistance program awards are
 available for all students who are enrolled in approved programs and who
 demonstrate the ability to complete such  courses,  in  accordance  with
 standards  established  by  the  commissioner provided, however, that no
 award shall be made unless tuition (exclusive of educational fees)  and,
 if  applicable,  the  college  fee levied by the state university of New
 York pursuant to the April first, nineteen hundred sixty-four  financing
 agreements  with  the New York state dormitory authority charged for the
 program in which the student is enrolled  total  at  least  two  hundred
 dollars  a  year,  and  provided  further  that, no award can exceed one
 hundred percent of the  amount  of  tuition  charged.  NOTHING  IN  THIS
 SECTION,  SECTION  SIX  HUNDRED  SIXTY-ONE  OF  THIS  PART  OR ANY OTHER
 PROVISION OF THIS CHAPTER  SHALL  BE  DEEMED  TO  EXCLUDE  ANY  GRADUATE
 PROGRAM  FROM  CLASSIFICATION BY THE COMMISSIONER AS AN APPROVED PROGRAM
 FOR THE PURPOSES OF THIS SECTION.

 S. 2006--B                         184
 
   2. Duration. No undergraduate shall be eligible  for  more  than  four
 academic  years of study, or five academic years if the program of study
 normally requires five years. Students enrolled in a program of remedial
 study, approved by the commissioner in an institution of  higher  educa-
 tion and intended to culminate in a degree in undergraduate study shall,
 for  purposes of this section, be considered as enrolled in a program of
 study normally requiring five years. An undergraduate  student  enrolled
 in  an  eligible  two year program of study approved by the commissioner
 shall be eligible for no more than three academic  years  of  study.  NO
 GRADUATE  STUDENT  SHALL BE ELIGIBLE FOR MORE THAN TWO ACADEMIC YEARS OF
 STUDY; PROVIDED, HOWEVER, THAT NO GRADUATE STUDENT SHALL BE ELIGIBLE FOR
 MORE THAN ONE DEGREE PROGRAM AT  THE  MASTER'S,  FIRST  PROFESSIONAL  OR
 DOCTORATE  LEVEL.  NO STUDENT SHALL BE ELIGIBLE FOR A TOTAL OF MORE THAN
 THE EQUIVALENT OF FIVE YEARS  OF  COMBINED  UNDERGRADUATE  AND  GRADUATE
 STUDY.  Any  semester,  quarter,  or  term  of attendance during which a
 student receives any award under this article, after the effective  date
 of the former scholar incentive program and prior to academic year nine-
 teen  hundred  eighty-nine--nineteen  hundred  ninety,  shall be counted
 toward the maximum term of eligibility for tuition assistance under this
 section, except that any semester, quarter or term of attendance  during
 which  a  student  received  an  award  pursuant  to section six hundred
 sixty-six of this subpart shall be counted as one-half  of  a  semester,
 quarter  or  term, as the case may be, toward the maximum term of eligi-
 bility under this section. Any semester, quarter or term  of  attendance
 during which a student received an award pursuant to section six hundred
 sixty-seven-a  of  this  subpart shall not be counted toward the maximum
 term of eligibility under this section.
   § 2. Subdivision 3 of section 667 of the education law is  amended  by
 adding a new paragraph b-1 to read as follows:
   B-1.  AMOUNT. THE PRESIDENT SHALL MAKE AWARDS TO GRADUATE STUDENTS WHO
 ARE MATRICULATED IN AN APPROVED COMBINED UNDERGRADUATE/GRADUATE  PROGRAM
 AT  A  NEW  YORK STATE INSTITUTION OF HIGHER EDUCATION, IN THE FOLLOWING
 AMOUNTS:
   (I) FOR EACH YEAR OF GRADUATE STUDY, ASSISTANCE SHALL BE  PROVIDED  AS
 COMPUTED  ON  THE BASIS OF THE AMOUNT WHICH IS THE LESSER OF THE FOLLOW-
 ING:
   (A) TWENTY-TWO HUNDRED DOLLARS; OR
   (B) NINETY PERCENT OF THE AMOUNT OF TUITION  (EXCLUSIVE  OF  EDUCATION
 FEES) CHARGED,
   (II)  EXCEPT FOR STUDENTS AS NOTED IN SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH, THE BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF  THIS  PARA-
 GRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
 
 AMOUNT OF INCOME                    SCHEDULE OF REDUCTION OF
                                     BASE AMOUNT
 (A) LESS THAN TWO THOUSAND          NONE
     DOLLARS
 (B) TWO THOUSAND DOLLARS OR         SEVEN AND SEVEN-TENTHS
     MORE, BUT NOT MORE THAN TWENTY  PER CENTUM OF THE EXCESS OVER TWO
     THOUSAND DOLLARS                THOUSAND DOLLARS
 
   (III)  FOR STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL INCOME
 AND WERE SINGLE WITH NO DEPENDENT FOR INCOME TAX PURPOSES DURING THE TAX
 YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICATION IS MADE, THE
 BASE AMOUNT AS DETERMINED IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH,  SHALL
 BE REDUCED IN RELATION TO INCOME AS FOLLOWS:

 S. 2006--B                         185
 
 AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                     OF BASE AMOUNT
 (A) LESS THAN ONE THOUSAND          NONE
     DOLLARS
 (B) ONE THOUSAND DOLLARS OR         TWENTY-SIX PER CENTUM OF THE EXCESS
     MORE, BUT NOT MORE THAN FIVE    OVER ONE THOUSAND DOLLARS
     THOUSAND SIX HUNDRED SIXTY-
     SIX DOLLARS
 
   (IV)  IF  THE  AMOUNT  OF REDUCTION IS NOT A WHOLE DOLLAR, IT SHALL BE
 REDUCED TO THE NEXT LOWEST WHOLE DOLLAR.
   (V) THE AWARD SHALL BE THE NET AMOUNT OF THE  BASE  AMOUNT  DETERMINED
 PURSUANT  TO  SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH BUT THE AWARD
 SHALL NOT BE REDUCED BELOW THREE HUNDRED DOLLARS. IF THE INCOME  EXCEEDS
 THE  MAXIMUM AMOUNT OF INCOME ALLOWABLE UNDER SUBPARAGRAPH (II) OR (III)
 OF THIS PARAGRAPH, NO AWARD SHALL BE MADE.
   § 3. Paragraph a of subdivision 3 of section 663 of the education law,
 as amended by section 4 of part J of chapter 58 of the laws of 2011,  is
 amended to read as follows:
   a.  In determining the amount of an award for UNDERGRADUATE AND GRADU-
 ATE students, the income of the parents shall be excluded if the student
 has been emancipated from his parents.
   § 4. The opening paragraph of subparagraph 1 of paragraph b of  subdi-
 vision 3 of section 663 of the education law, as amended by section 5 of
 part J of chapter 58 of the laws of 2011, is amended to read as follows:
   The applicant is a student who was married on or before December thir-
 ty-first  of  the  calendar  year prior to the beginning of the academic
 year for which application is made or is an  undergraduate  student  who
 has  reached  the age of twenty-two on or before June thirtieth prior to
 the academic year for which application is made OR IS A GRADUATE STUDENT
 and who, during the calendar year next preceding the  semester,  quarter
 or  term  of  attendance  for which application is made and at all times
 subsequent thereto up to and  including  the  entire  period  for  which
 application is made:
   § 5. Paragraph d of subdivision 3 of section 663 of the education law,
 as  amended by section 6 of part J of chapter 58 of the laws of 2011, is
 amended to read as follows:
   d. Any GRADUATE OR undergraduate student who was  allowed  to  exclude
 parental  income  pursuant to the provisions of FORMER subdivision three
 of section six hundred three of this chapter as they  existed  prior  to
 July  first,  nineteen hundred seventy-four may continue to exclude such
 income for  so  long  as  he  OR  SHE  continues  to  comply  with  such
 provisions.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART WW
 
   Section 1. The education law is amended by adding a new section  667-d
 to read as follows:
   §  667-D.  ENHANCED  TUITION  ASSISTANCE  PROGRAM  AWARDS  (E-TAP). 1.
 RECIPIENT QUALIFICATIONS. A. ESTABLISHMENT.  ENHANCED TUITION ASSISTANCE
 PROGRAM AWARDS ARE AVAILABLE FOR STUDENTS WHO ARE ENROLLED  IN  APPROVED
 PROGRAMS  AND  WHO  DEMONSTRATE THE ABILITY TO COMPLETE SUCH COURSES, IN
 ACCORDANCE WITH STANDARDS ESTABLISHED  BY  THE  COMMISSIONER;  PROVIDED,
 HOWEVER, THAT NO AWARD SHALL BE MADE UNLESS TUITION (EXCLUSIVE OF EDUCA-

 S. 2006--B                         186
 
 TIONAL  FEES)  AND,  IF  APPLICABLE, THE COLLEGE FEE LEVIED BY THE STATE
 UNIVERSITY OF NEW YORK PURSUANT TO THE  APRIL  FIRST,  NINETEEN  HUNDRED
 SIXTY-FOUR FINANCING AGREEMENTS WITH THE DORMITORY AUTHORITY CHARGED FOR
 THE  PROGRAM IN WHICH THE STUDENT IS ENROLLED TOTAL AT LEAST TWO HUNDRED
 DOLLARS A YEAR; AND PROVIDED, FURTHER THAT,  NO  AWARD  CAN  EXCEED  ONE
 HUNDRED PERCENT OF THE AMOUNT OF TUITION CHARGED.
   B. APPLICATION FOR OTHER AWARDS. A STUDENT WHO WOULD BE ELIGIBLE FOR A
 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. ANY E-TAP AWARD SHALL BE
 APPLIED TO TUITION AFTER THE APPLICATION OF PAYMENTS RECEIVED UNDER  THE
 TUITION  ASSISTANCE  PROGRAM PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN
 OF THIS SUBPART.
   C. GPA REQUIREMENTS. THE COLLEGE SHALL CERTIFY  AT  THE  END  OF  EACH
 SEMESTER  THAT  IN REGARD TO HIS OR HER GRADE POINT AVERAGE STATUS, SUCH
 STUDENT IS ON TRACK TO ON-TIME GRADUATION. PROVIDED, FURTHER THAT, FOR A
 STUDENT IN A FOUR-YEAR PROGRAM, AT THE END OF THE  FIFTH  SEMESTER,  THE
 STUDENT MAINTAINS A GRADE POINT AVERAGE OF 3.0 OR HIGHER.
   D.  CREDIT  REQUIREMENTS.  TO REMAIN ELIGIBLE, EACH STUDENT SHALL EARN
 THIRTY CREDITS WITHIN AN ACADEMIC  YEAR.  DEPENDING  UPON  THE  TYPE  OF
 PROGRAM  IN  WHICH  SUCH  STUDENT IS ENROLLED, THE COLLEGE SHALL CERTIFY
 SUCH STUDENT AS ON-TIME TO GRADUATE IN REGARD TO CREDITS  EARNED  AT  AN
 APPROPRIATE TIME TO BE DETERMINED BY THE CORPORATION.
   E.  ADDITIONAL REQUIREMENTS. A STUDENT SHALL AGREE TO LIVE AND WORK IN
 NEW YORK STATE UPON GRADUATION FOR THE NUMBER  OF  YEARS  EQUAL  TO  THE
 DURATION OF THE AWARD RECEIVED, AND SIGN A CONTRACT WITH THE CORPORATION
 TO  HAVE  HIS  OR  HER E-TAP AWARD CONVERTED INTO A STUDENT LOAN IF SUCH
 STUDENT FAILS TO FULFILL THIS REQUIREMENT, PROVIDED HOWEVER,  A  STUDENT
 MAY  DEFER  SUCH REQUIREMENT TO ATTEND GRADUATE SCHOOL IN OR OUTSIDE THE
 STATE, AND THIS REQUIREMENT MAY ALSO BE DEFERRED FOR GOOD CAUSE SHOWN TO
 THE CORPORATION.
   F. FAILURE TO MEET THE CONDITIONS OF THE E-TAP AWARD SHALL NOT  OTHER-
 WISE  DISQUALIFY  A  STUDENT'S  ELIGIBILITY  TO  RECEIVE  AN AWARD UNDER
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART.
   2. DURATION. NO UNDERGRADUATE SHALL BE ELIGIBLE  FOR  MORE  THAN  FOUR
 ACADEMIC  YEARS OF STUDY, OR FIVE ACADEMIC YEARS IF THE PROGRAM OF STUDY
 NORMALLY REQUIRES FIVE YEARS.  AN UNDERGRADUATE STUDENT ENROLLED  IN  AN
 ELIGIBLE TWO-YEAR PROGRAM APPROVED BY THE COMMISSIONER SHALL BE ELIGIBLE
 FOR  NO  MORE  THAN TWO ACADEMIC YEARS.   UNDER NO CIRCUMSTANCES SHALL A
 STUDENT RECEIVE AN E-TAP AWARD FOR A TWO-YEAR PROGRAM FOR MORE THAN  TWO
 CONSECUTIVE  YEARS  OF  ACADEMIC  STUDY OR FOUR CONSECUTIVE SEMESTERS OF
 ACADEMIC STUDY; OR AT A FOUR OR FIVE-YEAR PROGRAM, FOR  MORE  THAN  FOUR
 CONSECUTIVE  YEARS  OR  EIGHT CONSECUTIVE SEMESTERS OF ACADEMIC STUDY OR
 FIVE CONSECUTIVE YEARS, OR TEN CONSECUTIVE SEMESTERS  OF  STUDY  IF  THE
 PROGRAM NORMALLY REQUIRES FIVE YEARS.
   3.  ENHANCED  TUITION  ASSISTANCE  PROGRAM AWARDS. A. AMOUNT. AN E-TAP
 AWARD SHALL INCREASE A RECIPIENT'S CURRENT  TAP  AWARDS  SUCH  THAT  THE
 TOTAL  AWARD  SHALL  BE FIVE THOUSAND FIVE HUNDRED DOLLARS, SUBJECT TO A
 REDUCTION AS DETERMINED BY THE FOLLOWING SCHEDULE:
 
   (I) FOR THE 2017-2018 ACADEMIC YEAR:
 
 AMOUNT OF INCOME                        SCHEDULE OF REDUCTION OF
                                         BASE AMOUNT

 S. 2006--B                         187
 
 (A) LESS THAN SEVEN THOUSAND        NONE
     DOLLARS
 (B) SEVEN THOUSAND DOLLARS OR       SEVEN PER CENTUM OF EXCESS
     MORE, BUT LESS THAN ELEVEN      OVER SEVEN THOUSAND DOLLARS
     THOUSAND DOLLARS
 (C) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
     MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
     THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
 (D) EIGHTEEN THOUSAND DOLLARS       NINE HUNDRED EIGHTY DOLLARS
     OR MORE, BUT NOT MORE THAN ONE  PLUS TWELVE PER CENTUM OF
     HUNDRED THOUSAND DOLLARS        EXCESS OVER EIGHTEEN
                                     THOUSAND DOLLARS
 
   (II) FOR THE 2018-2019 ACADEMIC YEAR:
 
 AMOUNT OF INCOME                    SCHEDULE OR REDUCTION OF
                                     BASE AMOUNT
 
 (A) LESS THAN SEVEN THOUSAND        NONE
     DOLLARS
 (B) SEVEN THOUSAND DOLLARS OR       SEVEN PER CENTUM OF EXCESS
     MORE, BUT LESS THAN ELEVEN      OVER SEVEN THOUSAND DOLLARS
     THOUSAND DOLLARS
 (C) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
     MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
     THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
 (D) EIGHTEEN THOUSAND DOLLARS       NINE HUNDRED EIGHTY DOLLARS
     OR MORE, BUT NOT MORE THAN ONE  PLUS TWELVE PER CENTUM OF
     HUNDRED TEN THOUSAND DOLLARS    EXCESS OVER EIGHTEEN
                                     THOUSAND DOLLARS
 
   (III) FOR THE 2019-2020 ACADEMIC YEAR AND THEREAFTER:
 
 AMOUNT OF INCOME                    SCHEDULE OR REDUCTION OF
                                     BASE AMOUNT
 
 (A) LESS THAN SEVEN THOUSAND        NONE
     DOLLARS
 (B) SEVEN THOUSAND DOLLARS OR       SEVEN PER CENTUM OF EXCESS
     MORE, BUT LESS THAN ELEVEN      OVER SEVEN THOUSAND DOLLARS
     THOUSAND DOLLARS
 (C) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
     MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
     THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
 (D) EIGHTEEN THOUSAND DOLLARS       NINE HUNDRED EIGHTY DOLLARS
     OR MORE, BUT NOT MORE THAN ONE  PLUS TWELVE PER CENTUM OF
     HUNDRED TWENTY-FIVE THOUSAND    EXCESS OVER EIGHTEEN
     DOLLARS                         THOUSAND DOLLARS

   (IV)  IF  THE  AMOUNT  OF REDUCTION IS NOT A WHOLE DOLLAR, IT SHALL BE
 REDUCED TO THE NEXT LOWEST WHOLE DOLLAR.
   (V) THE AWARD SHALL BE THE NET AMOUNT OF THE  BASE  AMOUNT  DETERMINED
 PURSUANT  TO  SUBPARAGRAPH (I), (II), OR (III) OF THIS PARAGRAPH BUT THE
 AWARD SHALL NOT BE REDUCED BELOW THREE THOUSAND DOLLARS. IF  THE  INCOME
 EXCEEDS THE MAXIMUM AMOUNT OF INCOME ALLOWABLE UNDER SUBPARAGRAPH (I) OF
 THIS  PARAGRAPH  FOR  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN

 S. 2006--B                         188
 
 ACADEMIC YEAR, NO AWARD SHALL BE MADE. IF THE INCOME EXCEEDS THE MAXIMUM
 AMOUNT OF INCOME ALLOWABLE UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH FOR
 THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN ACADEMIC YEAR, NO AWARD
 SHALL BE MADE. IF THE INCOME EXCEEDS THE MAXIMUM AMOUNT OF INCOME ALLOW-
 ABLE  UNDER  SUBPARAGRAPH  (III)  OF THIS PARAGRAPH FOR THE TWO THOUSAND
 NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR  AND  THEREAFTER,  NO  AWARD
 SHALL BE MADE.
   B.  LIMIT.  PROVIDED,  HOWEVER,  THAT  NO AWARD SHALL BE REDUCED BELOW
 THREE THOUSAND DOLLARS.
   § 2. This act shall take effect immediately.
 
                                  PART XX
 
   Section 1. The education law  is  amended  by  adding  a  new  section
 667-c-1 to read as follows:
   §  667-C-1.  PART-TIME TUITION ASSISTANCE PROGRAM AWARDS FOR COMMUNITY
 COLLEGE STUDENTS AT THE STATE UNIVERSITY OF NEW YORK.  1.  NOTWITHSTAND-
 ING  ANY  LAW,  RULE OR REGULATION TO THE CONTRARY, THE PRESIDENT OF THE
 HIGHER EDUCATION SERVICES CORPORATION  IS  AUTHORIZED  TO  MAKE  TUITION
 ASSISTANCE  PROGRAM AWARDS TO PART-TIME STUDENTS ENROLLED AT A COMMUNITY
 COLLEGE ESTABLISHED PURSUANT TO ARTICLE ONE HUNDRED TWENTY-SIX  OF  THIS
 CHAPTER, WHO MEET ALL REQUIREMENTS FOR TUITION ASSISTANCE PROGRAM AWARDS
 EXCEPT FOR THE STUDENTS' PART-TIME ATTENDANCE.
   2. FOR PURPOSES OF THIS SECTION, A PART-TIME STUDENT IS ONE WHO:
   A.  ENROLLED  AS  A FIRST-TIME FRESHMAN DURING THE TWO THOUSAND SEVEN-
 TEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR OR THEREAFTER AT  A  COMMUNITY
 COLLEGE  ESTABLISHED  PURSUANT TO ARTICLE ONE HUNDRED TWENTY-SIX OF THIS
 CHAPTER; PROVIDED THAT NO AWARD SHALL BE GRANTED  FOR  THE  DURATION  OF
 MORE THAN THREE YEARS;
   B.  IS  ENROLLED FOR AT LEAST SIX BUT LESS THAN TWELVE SEMESTER HOURS,
 OR THE EQUIVALENT, PER SEMESTER  IN  AN  APPROVED  UNDERGRADUATE  DEGREE
 PROGRAM; AND
   C. HAS A CUMULATIVE GRADE-POINT AVERAGE OF AT LEAST 2.50.
   3.  A. FOR PART-TIME STUDENTS DEFINED IN THIS SECTION, THE AWARD SHALL
 BE CALCULATED AS PROVIDED IN SECTION SIX  HUNDRED  SIXTY-SEVEN  OF  THIS
 ARTICLE, SHALL BE IN AN AMOUNT EQUAL TO THE ENROLLMENT FACTOR PERCENT OF
 THE  AWARD  THE STUDENT WOULD HAVE BEEN ELIGIBLE FOR IF THE STUDENT WERE
 ENROLLED FULL-TIME, AND THE AWARD SHALL BE GRANTED PURSUANT TO APPROPRI-
 ATION. THE ENROLLMENT FACTOR  PERCENT  IS  THE  PERCENTAGE  OBTAINED  BY
 DIVIDING  THE NUMBER OF CREDITS THE STUDENT IS ENROLLED IN, AS CERTIFIED
 BY THE SCHOOL, BY THE NUMBER OF CREDITS REQUIRED FOR FULL-TIME STUDY  IN
 THE SEMESTER, QUARTER OR TERM AS DEFINED BY THE COMMISSIONER.
   B.  ANY SEMESTER, QUARTER OR TERM OF ATTENDANCE DURING WHICH A STUDENT
 RECEIVES AN AWARD PURSUANT TO THIS  SECTION  SHALL  BE  COUNTED  AS  THE
 ENROLLMENT  FACTOR  PERCENT  OF  A  SEMESTER, QUARTER OR TERM TOWARD THE
 MAXIMUM TERM OF ELIGIBILITY FOR TUITION ASSISTANCE  AWARDS  PURSUANT  TO
 SECTION  SIX  HUNDRED  SIXTY-SEVEN  OF THIS ARTICLE. THE TOTAL PERIOD OF
 STUDY FOR WHICH PAYMENT MAY BE MADE SHALL NOT EXCEED THE  EQUIVALENT  OF
 THE MAXIMUM PERIOD AUTHORIZED FOR THAT AWARD.
   § 2. This act shall take effect immediately.
 
                                  PART YY
 
   Section  1.  Section  6304 of the education law is amended by adding a
 new subdivision 14 to read as follows:

 S. 2006--B                         189
 
   14. COMMUNITY COLLEGE FUNDING STUDY. A. THE STATE UNIVERSITY BOARD  OF
 TRUSTEES  SHALL REQUIRE EACH COMMUNITY COLLEGE PRESIDENT TO ESTABLISH AN
 INTERNAL COMMITTEE THAT SHALL BE DIRECTED TO STUDY THE EFFECTIVENESS  OF
 THE  CURRENT FULL TIME EQUIVALENT (FTE) FUNDING FORMULA AND ALTERNATIVES
 BASED ON FUNDING BY ACADEMIC PROGRAM THAT TAKES INTO ACCOUNT THE SPECIF-
 IC  MISSION, NEEDS, GEOGRAPHIC LOCATION AND UNIQUENESS OF SUCH COMMUNITY
 COLLEGE.
   B. THE INTERNAL COMMITTEE ESTABLISHED BY EACH SUCH  COMMUNITY  COLLEGE
 PRESIDENT  SHALL CONSULT WITH THE BOARD OF TRUSTEES OF THE STATE UNIVER-
 SITY OF NEW YORK AND PROVIDE INFORMATION THAT MAY BE REQUESTED  TO  SUCH
 TRUSTEES  TO AID IN THE CREATION OF RECOMMENDATIONS REQUIRED PURSUANT TO
 THIS SUBDIVISION, AND MAY CONSULT WITH  HIGHER  EDUCATION  PROFESSIONALS
 AND  THE REGIONAL STATE UNIVERSITY OF NEW YORK COMMUNITY COLLEGE COUNCIL
 IN SUCH REGION.
   C. EACH INTERNAL COMMITTEE SHALL CONSIDER:
   (I) THE EFFECT OF THE CURRENT FTE FUNDING MODEL ON OVERALL FUNDING FOR
 THE COMMUNITY COLLEGE AND ALTERNATIVES TO SUCH MODEL;
   (II) THE CREATION OF NEW ACADEMIC PROGRAMS THAT MAY BE  BENEFICIAL  IN
 SUPPORTING REGIONAL BUSINESS AND INDUSTRY WORKFORCE NEEDS;
   (III)  DUPLICATION  OF  ACADEMIC  DEGREE  PROGRAMS  IN  SUCH COMMUNITY
 COLLEGE'S REGION; AND
   (IV) ANY OTHER ISSUES THE INTERNAL COMMITTEE DEEMS NECESSARY.
   D. EACH INTERNAL COMMITTEE SHALL REPORT RECOMMENDATIONS TO  THE  STATE
 UNIVERSITY  BOARD OF TRUSTEES ON DECEMBER FIRST, TWO THOUSAND SEVENTEEN,
 AND THE BOARD OF TRUSTEES SHALL REPORT RECOMMENDATIONS TO THE CHAIRS  OF
 THE  SENATE  AND  ASSEMBLY HIGHER EDUCATION COMMITTEES BY JANUARY FIRST,
 TWO THOUSAND EIGHTEEN PROVIDED HOWEVER, THAT  NOTHING  IN  THIS  SECTION
 SHALL BE CONSTRUED TO REQUIRE A CHANGE IN STATE SUPPORT.
   § 2. This act shall take effect immediately.
 
                                  PART ZZ

   Section  1.  Section  5  of  part  K of chapter 54 of the laws of 2016
 relating to the rate of minimum wage, is amended to read as follows:
   § 5. Notwithstanding subdivision 2 of section 652 and subdivision  (2)
 of  section  653 of the labor law, the commissioner of labor [may] SHALL
 smooth wages and modify an existing wage order to conform with  subdivi-
 sion  1  of  section  652 of the labor law, as amended by section one of
 this act, and provided further that in no event may a worker's wages  be
 reduced by such conformity.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  Subdivision 3 of section 212 of the retirement and social
 security law, as added by section 1 of part Y of chapter 55 of the  laws
 of 2013, is amended to read as follows:
   3.   Notwithstanding  SECTION  TWENTY-FIVE  OF  THIS  CHAPTER  OR  the
 provisions of subdivisions one and two of this section, [the commission-
 er of education may determine, pursuant to section two hundred eleven of
 this article, that] such earnings  limitations  shall  not  apply  to  a
 retired police officer employed by a school district IN EITHER THE CLAS-
 SIFIED  OR  UNCLASSIFIED  SERVICE  as  a school resource officer, SCHOOL
 SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY OTHER SUBSTANTIALLY SIMI-
 LAR POSITION OR OFFICE THAT IS DESIGNED TO PROVIDE SAFETY AND/OR SECURI-
 TY ON SCHOOL GROUNDS, PROVIDED THAT SUCH RETIRED POLICE OFFICER IS  DULY

 S. 2006--B                         190

 QUALIFIED, COMPETENT AND PHYSICALLY FIT FOR PERFORMANCE OF THE DUTIES OF
 THE  POSITION  IN WHICH HE OR SHE IS TO BE EMPLOYED AS DETERMINED BY THE
 SCHOOL DISTRICT AND IS PROPERLY CERTIFIED WHERE  SUCH  CERTIFICATION  IS
 REQUIRED.
   §  2. Section 212 of the retirement and social security law is amended
 by adding a new subdivision 4 to read as follows:
   4. NOTWITHSTANDING THE PROVISIONS OF SECTION TWENTY-FIVE OF THIS CHAP-
 TER AND THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION,  THE
 EARNINGS  LIMITATION  FOR RETIRED POLICE OFFICERS IN POSITIONS OF PUBLIC
 SERVICE UNDER THIS SECTION SHALL BE FIFTY THOUSAND DOLLARS.
   § 3. 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 AAA of this  act  shall
 be as specifically set forth in the last section of such Parts.