EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-04-9
S. 1506--B 2
tation of the No Child Left Behind Act of 2001, in relation to the
effectiveness thereof; to amend chapter 91 of the laws of 2002, amend-
ing the education law and other laws relating to reorganization of the
New York city school construction authority, board of education and
community boards, in relation to the effectiveness thereof; to amend
chapter 345 of the laws of 2009, amending the education law and other
laws relating to the New York city board of education, chancellor,
community councils, and community superintendents, in relation to the
effectiveness thereof; to amend chapter 472 of the laws of 1998,
amending the education law relating to the lease of school buses by
school districts, in relation to the effectiveness thereof; to amend
chapter 552 of the laws of 1995, amending the education law relating
to contracts for the transportation of school children, in relation to
the effectiveness thereof; to amend chapter 97 of the laws of 2011,
amending the education law relating to census reporting, in relation
to the effectiveness thereof; to amend chapter 121 of the laws of 1996
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, in relation to
certain apportionments; to amend chapter 670 of the laws of 2007
amending the education law relating to directing the commissioner of
education to promulgate regulations limiting the engines of school
vehicles to remain idling while parked or standing on school grounds,
in relation to the effectiveness thereof; to amend chapter 396 of the
laws of 2012 amending the education law, relating to services to out-
of-state school districts by boards of cooperative educational
services, in relation to extending the provisions thereof; to amend
chapter 371 of the laws of 2014 amending the education law relating to
the leasing of real property by boards of cooperative educational
services, in relation to the effectiveness 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 the effectiveness thereof; in relation to
school bus driver training; in relation to special apportionment for
salary expenses and public pension accruals; in relation to the city
school district of the city of Rochester; in relation to total founda-
tion aid for the purpose of the development, maintenance or expansion
of certain magnet schools or magnet school programs for the 2019-2020
school year; in relation to the support of public libraries; and to
repeal section 3614 of the education law relating to a statement of
the total funding allocation (Part A); to amend the education law, in
relation to community schools aid set-aside; the apportionment of
public aid to certain school districts; academic enhancement aid;
foundation aid; supplemental education improvement grants; to ratify
and validate certain school district building projects; to legalize,
validate, ratify and confirm certain acts relating to transportation
contracts; to amend the education law, in relation to state aid
adjustments; providing for the increase of tuition rates; to amend the
education law, in relation to increasing the limit of certain funding
by the dormitory authority for financing of capital facilities for
state-supported schools for blind and deaf students; to amend the
education law, in relation to the effectiveness of provisions relating
to BOCES intermediate districts; to amend the education law, in
relation to the salary of certain teachers providing instruction in
career and technical education to school age students; to amend the
education law, in relation to aid for career education; to amend the
education law, in relation to contracts for the transportation of
S. 1506--B 3
school children; to amend the education law, in relation to the amount
of the supplemental basic tuition for charter schools; to amend the
general municipal law, in relation to allowing certain school
districts and boards of cooperative educational services to establish
a retirement contribution reserve fund for the purposes of the New
York state teachers' retirement system; to amend the education law, in
relation to building condition surveys; to amend the education law, in
relation to building aid for approved expenditures for debt service
for tax certiorari financing; and to amend chapter 437 of the laws of
2014, amending the education law relating to removing the requirement
for annual visual inspections of school buildings, in relation to the
effectiveness thereof (Part A-1); to amend the education law, the
business corporation law, the partnership law and the limited liabil-
ity company law, in relation to certified public accountants (Part B);
to amend the education law, in relation to authorizing school bus stop
cameras; and to amend the vehicle and traffic law, in relation to
owner liability for operator illegally overtaking or passing a school
bus and increasing fines for passing a stopped school bus (Part C);
intentionally omitted (Part D); intentionally omitted (Part E); to
amend the state finance law, in relation to the arts capital grants
fund (Part F); to utilize reserves in the mortgage insurance fund for
various housing purposes (Part G); intentionally omitted (Part H); to
amend the social services law, in relation to federally required back-
ground clearances for persons working in residential foster care
programs (Part I); to amend the social services law, in relation to
residential programs for domestic violence victims; and repealing
certain provisions of such law relating thereto (Part J); to amend the
family court act, the social services law and the executive law, in
relation to persons in need of supervision; and to repeal certain
provisions of the family court act and the executive law relating
thereto (Part K); to amend the social services law, in relation to
increasing the standards of monthly need for aged, blind and disabled
persons living in the community (Part L); intentionally omitted
(Subpart A); and to amend part W of chapter 54 of the laws of 2016,
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, in relation to the effectiveness thereof (Subpart
B) (Part M); intentionally omitted (Part N); to amend the lien law, in
relation to employee liens; to amend the labor law, in relation to
employee complaints; to amend the civil practice law and rules, in
relation to grounds for attachment; to amend the business corporation
law, in relation to streamlining procedures where employees may hold
shareholders of non-publicly traded corporations personally liable for
wage theft; and to amend the limited liability company law, in
relation to creating a right for victims of wage theft to hold the ten
members with the largest ownership interests in a company personally
liable for wage theft (Subpart A); and to amend the criminal procedure
law and the penal law, in relation to wage theft (Subpart B) (Part O);
to amend the labor law, in relation to amending unemployment insurance
benefits for earnings disregard (Part P); to amend the executive law,
in relation to prohibiting wage or salary history inquiries; and to
amend the labor law, in relation to the prohibition of a differential
rate of pay on the basis of protected class status (Part Q); inten-
tionally omitted (Part R); to amend the executive law, in relation to
expanding the scope of unlawful discriminatory practices to include
public educational institutions (Part S); intentionally omitted (Part
S. 1506--B 4
T); intentionally omitted (Part U); intentionally omitted (Part V); to
amend the general business law, in relation to enacting the pension
poaching prevention act (Part W); to amend the executive law, in
relation to amending the definition of pregnancy-related condition
(Part X); intentionally omitted (Part Y); intentionally omitted (Part
Z); to amend the election law, the executive law, the state finance
law, the labor law, the vehicle and traffic law, the environmental
conservation law, the public health law, the general municipal law,
the military law, the domestic relations law, the education law, the
mental hygiene law, the elder law, the social services law, the not-
for-profit corporation law, the real property tax law, chapter 784 of
the laws of 1951, constituting the New York state defense emergency
act of 1951, the administrative code of the city of New York, and the
New York city charter, in relation to changing the name of the New
York state division of veterans' affairs to the New York state divi-
sion of veterans' services; and to amend the executive law, in
relation to changing the name of the veterans' affairs commission to
the veterans' services commission (Part AA); to amend the education
law, in relation to increasing the minimum tuition assistance program
award and increasing the tuition assistance program income threshold
(Part BB); to amend the education law, in relation to requiring health
care practitioners to provide and the state education department to
collect information about the practice of their professions and in
relation to providing practitioners with information on enrolling in
the New York state donate life registry for organ, eye and tissue
donations (Part CC); authorizing the State University of New York at
Albany to enter into certain leases and contracts (Part DD); to amend
the general business law, in relation to permitting certain audiolo-
gists and hearing aid dispensers to dispense hearing aids for a profit
(Part EE); to amend the labor law, in relation to hours, wages and
supplements in contracts for public work (Part FF); to amend the
public authorities law, in relation to certain contracts of the New
York city school construction authority; and to amend chapter 738 of
the laws of 1988, amending the administrative code of the city of New
York, the public authorities law and other laws relating to establish-
ing the New York city school construction authority, in relation to
extending certain provisions of such chapter relating to certain
contracts of the New York city school construction authority (Part
GG); to amend the labor law, in relation to enacting the "New York
state YouthBuild act"; setting program requirements; authorizing the
commissioner of labor to make grants to eligible YouthBuild programs
and to establish application requirements; and expanding the number of
YouthBuild programs in New York state (Part HH); and to amend the
labor law, in relation to prevailing wage requirements for covered
development projects (Part II)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2019-2020
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through II. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part,
S. 1506--B 5
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
education law, as amended by section 1 of part CCC of chapter 59 of the
laws of 2018, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
S. 1506--B 6
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 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; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen 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 amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; AND PROVIDED FURTHER THAT NO
SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT A CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THER-
EAFTER. For purposes of this paragraph, the "gap elimination adjustment
percentage" shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for two
thousand ten--two thousand eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten, making appropriations for the
support of government, plus the school district's gap elimination
adjustment for two thousand eleven--two thousand twelve as computed
pursuant to chapter fifty-three of the laws of two thousand eleven,
making appropriations for the support of the local assistance budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance 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 allow-
able programs and activities in the current year.
S. 1506--B 7
§ 2. Intentionally omitted.
§ 2-a. Section 3614 of the education law is REPEALED.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 5-a. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4
of section 3602 of the education law, as amended by section 9-b of part
CCC of chapter 59 of the laws of 2018, is amended 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
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
S. 1506--B 8
districts one percent (0.01), and for the two thousand sixteen--two
thousand seventeen school year the foundation aid phase-in increase
factor shall equal for an eligible school district the greater of: (1)
for a city school district in a city with a population of one million or
more, seven and seven hundred eighty four thousandths percent (0.07784);
or (2) for a city school district in a city with a population of more
than two hundred fifty thousand but less than one million as of the most
recent federal decennial census, seven and three hundredths percent
(0.0703); or (3) for a city school district in a city with a population
of more than two hundred thousand but less than two hundred fifty thou-
sand as of the most recent federal decennial census, six and seventy-two
hundredths percent (0.0672); or (4) for a city school district in a city
with a population of more than one hundred fifty thousand but less than
two hundred thousand as of the most recent federal decennial census, six
and seventy-four hundredths percent (0.0674); or (5) for a city school
district in a city with a population of more than one hundred twenty-
five thousand but less than one hundred fifty thousand as of the most
recent federal decennial census, nine and fifty-five hundredths percent
(0.0955); or (6) for school districts that were designated as small city
school districts or central school districts whose boundaries include a
portion of a small city for the school aid computer listing produced by
the commissioner in support of the enacted budget for the two thousand
fourteen--two thousand fifteen school year and entitled "SA141-5" with a
combined wealth ratio less than one and four tenths (1.4), nine percent
(0.09), provided, however, that for such districts that are also
districts designated as high need urban-suburban pursuant to clause (c)
of subparagraph two of paragraph c of subdivision six of this section
for the school aid computer listing produced by the commissioner in
support of the enacted budget for the two thousand seven--two thousand
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), provided further
that for the two thousand seventeen--two thousand eighteen school year
the foundation aid increase phase-in factor shall equal (1) for school
districts with a census 2000 poverty rate computed pursuant to paragraph
q of subdivision one of this section equal to or greater than twenty-six
percent (0.26), ten and three-tenths percent (0.103), or (2) for a
school district in a city with a population in excess of one million or
more, seventeen and seventy-seven one-hundredths percent (0.1777), or
(3) 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 decennial census, twelve and sixty-nine hundredths percent
(0.1269) 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 thou-
sand, as of the most recent federal decennial census, ten and seventy-
S. 1506--B 9
eight one hundredths percent (0.1078), or (5) for a city school district
in a city with a population of more than one hundred twenty-five thou-
sand but less than one hundred fifty thousand as of the most recent
federal decennial census, nineteen and one hundred eight one-thousandths
percent (0.19108), or (6) 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, ten and
six-tenths percent (0.106), or (7) for all other districts, four and
eighty-seven one-hundredths percent (0.0487), and for the two thousand
[nineteen] TWENTY--two thousand [twenty] TWENTY-ONE school year [and
thereafter the commissioner shall annually determine the phase-in foun-
dation increase factor subject to allocation pursuant to the provisions
of subdivision eighteen of this section and any provisions of a chapter
of the laws of New York as described therein] THE FOUNDATION AID PHASE-
IN INCREASE FACTOR SHALL BE THIRTY-THREE PERCENT (0.33), AND FOR THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR THE FOUNDATION
AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5), AND FOR THE
TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THER-
EAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE ONE HUNDRED
PERCENT (1.0).
§ 6. Paragraph d of subdivision 4 of section 3602 of the education
law, as amended by section 9-b of part CCC of chapter 59 of the laws of
2018, is amended to read as follows:
d. For the two thousand fourteen--two thousand fifteen through two
thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY 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.
§ 7. Intentionally omitted.
§ 8. Intentionally omitted.
§ 9. Intentionally omitted.
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. Intentionally omitted.
§ 14-a. Intentionally omitted.
§ 15. The education law is amended by adding a new article 39-A to
read as follows:
ARTICLE 39-A
REGIONAL STEM MAGNET SCHOOLS
SECTION 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS.
§ 1918. ESTABLISHMENT OF REGIONAL STEM MAGNET SCHOOLS. 1. A. A
REGIONAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) MAGNET
SCHOOL MAY BE ESTABLISHED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
PURSUANT TO THIS SECTION FOR STUDENTS IN GRADES NINE THROUGH TWELVE, AND
SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF EDUCATION.
B. A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT TO THE
COMMISSIONER A PROPOSED PLAN FOR THE OPERATION OF SUCH SCHOOL FOR HIS OR
HER APPROVAL, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
C. SUCH SCHOOL SHALL BE GOVERNED BY THE BOARD OF EDUCATION OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
D. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE RESPONSI-
BILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE SCHOOL AND
SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING
CURRICULUM, GRADING, AND STAFFING.
S. 1506--B 10
E. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED
TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE SUCH
SCHOOL.
F. FOR PURPOSES OF THIS SECTION, THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES.
G. STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE ENROLLED IN
THEIR SCHOOL DISTRICT OF RESIDENCE, AND EACH SCHOOL DISTRICT OF RESI-
DENCE SHALL BE RESPONSIBLE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO
THEIR RESIDENT STUDENTS WHO ATTENDED THE SCHOOL BASED ON SUCH STUDENTS'
SUCCESSFUL COMPLETION OF THE SCHOOL'S EDUCATIONAL PROGRAM.
H. FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAP-
TER, STUDENTS ATTENDING SUCH SCHOOL SHALL CONTINUE TO BE TREATED AND
COUNTED AS STUDENTS OF THEIR SCHOOL DISTRICT OF RESIDENCE.
I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH
STUDENT'S SCHOOL DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR PROVID-
ING OR ARRANGING FOR TRANSPORTATION TO ITS RESIDENT STUDENTS ATTENDING
SUCH SCHOOL, IN ACCORDANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT
REGARD TO ANY MAXIMUM MILEAGE LIMITATION.
J. ALL EMPLOYEES OF THE SCHOOL SHALL BE CONSIDERED EMPLOYEES OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
K. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO A
LEASE WITH RESPECT TO SUITABLE LAND, CLASSROOMS, OFFICES OR BUILDINGS IN
WHICH TO MAINTAIN AND CONDUCT SUCH SCHOOL PURSUANT TO SUBDIVISION FOUR
OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
L. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH A
METHODOLOGY FOR THE APPORTIONMENT OF OPERATIONAL AND ADMINISTRATIVE
COSTS OF SUCH SCHOOL BETWEEN PARTICIPATING SCHOOL DISTRICTS; PROVIDED,
HOWEVER, THAT NO COSTS SHALL BE APPORTIONED TO COMPONENT SCHOOL
DISTRICTS THAT ELECT NOT TO PARTICIPATE IN SUCH SCHOOL.
M. 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 SUCH 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 COSTS OF SUCH
PROGRAM, BUT PARTICIPATING NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE
LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B
OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
N. A SCHOOL MAY BE JOINTLY OPERATED BY TWO BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO AN INTERMUNICIPAL SHARING AGREEMENT
ENTERED INTO PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL
MUNICIPAL LAW. UPON ADOPTION OF A BUDGET FOR THE PROGRAM FOR A SCHOOL
YEAR, COSTS SHALL BE ALLOCATED BETWEEN EACH BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES IN A MANNER PROVIDED IN THE INTERMUNICIPAL SHARING
AGREEMENT AND INCLUDED IN THE BUDGETS OF EACH BOARD OF COOPERATIVE
EDUCATIONAL SERVICE.
O. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
§ 16. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 10 of part CCC of chapter 59 of the
laws of 2018, 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
S. 1506--B 11
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[eighteen] NINETEEN--two thousand [nineteen] TWENTY 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".
§ 17. Intentionally omitted.
§ 18. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14 of part CCC of chapter 59 of the
laws of 2018, 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 [eighteen] NINETEEN--two thousand [nineteen] TWENTY 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 thousand nine--two thousand ten school year
and entitled "SA0910" or (2) the amount set forth for such school
district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in support
of the executive budget for the 2013-14 fiscal year and entitled
"BT131-4".
§ 19. Subdivision 16 of section 3602-ee of the education law, as
amended by section 19 of part CCC of chapter 59 of the laws of 2018, 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
[nineteen] TWENTY-FOUR; provided that the program shall continue and
remain in full effect.
§ 20. Intentionally omitted.
§ 21. Intentionally omitted.
§ 22. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 22 of part CCC of chapter 59 of the laws of
2018, 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
S. 1506--B 12
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 [eighteen] NINETEEN--two thousand [nineteen] TWENTY.
§ 23. Subdivision 6 of section 4402 of the education law, as amended
by section 23 of part CCC of chapter 59 of the laws of 2018, 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 [nineteen] TWENTY of the two
thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school
year, be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to those
of students in middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed one and
two tenths times the applicable maximum class size specified in regu-
lations of the commissioner rounded up to the nearest whole number,
provided that in a city school district having a population of one
million or more, classes that have a maximum class size of fifteen may
be increased by no more than one student and provided that the projected
average class size shall not exceed the maximum specified in the appli-
cable 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 certif-
ication 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 pursuant to
this subdivision, the commissioner shall be authorized to terminate such
S. 1506--B 13
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
§ 24. Intentionally omitted.
§ 25. Intentionally omitted.
§ 26. Intentionally omitted.
§ 27. Intentionally omitted.
§ 28. Intentionally omitted.
§ 29. Intentionally omitted.
§ 30. Intentionally omitted.
§ 31. Intentionally omitted.
§ 32. Section 2801-a of the education law is amended by adding a new
subdivision 10 to read as follows:
10. EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF
SCHOOL PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE TO
STUDENT MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL DISTRICT
OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW
ENFORCEMENT OR PUBLIC OR PRIVATE SECURITY PERSONNEL, INCLUDING SCHOOL
RESOURCE OFFICERS, SHALL ESTABLISH A WRITTEN CONTRACT OR MEMORANDUM OF
UNDERSTANDING THAT IS DEVELOPED WITH STAKEHOLDER INPUT. SUCH WRITTEN
CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL DEFINE THE RELATIONSHIP
BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS,
VISITORS, LAW ENFORCEMENT, AND PUBLIC OR PRIVATE SECURITY PERSONNEL.
SUCH CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE CONSISTENT WITH
THE CODE OF CONDUCT, DEFINE LAW ENFORCEMENT OR SECURITY PERSONNEL'S
ROLES, RESPONSIBILITIES AND INVOLVEMENT WITHIN A SCHOOL AND CLEARLY
DELEGATE THE ROLE OF SCHOOL DISCIPLINE TO THE SCHOOL ADMINISTRATION.
SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE INCORPO-
RATED INTO AND PUBLISHED AS PART OF THE DISTRICT SAFETY PLAN.
§ 33. The section heading of section 804 of the education law, as
amended by chapter 390 of the laws of 2016, is amended and a new subdi-
vision 7-a is added to read as follows:
Health education regarding mental health, alcohol, drugs, tobacco
abuse, AND HEALTHY RELATIONSHIPS and the prevention and detection of
certain cancers.
7-A. (A) A HEALTHY RELATIONSHIPS EDUCATION INSTRUCTION PROGRAM SHALL
BE INCLUDED WITHIN THE HEALTH EDUCATION PROVIDED TO ALL STUDENTS IN
GRADES SIX THROUGH TWELVE. SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE
LIMITED TO AGE-APPROPRIATE, MEDICALLY ACCURATE INSTRUCTION TEACHING
COMPREHENSIVE SEXUAL EDUCATION, SEXUAL HEALTH AND HEALTHY RELATIONSHIP
PRACTICES. SUCH PROGRAM SHALL BE INCLUSIVE AND RESPECTFUL OF ALL PUPILS
REGARDLESS OF RACE, ETHNICITY, GENDER, DISABILITY, SEXUAL ORIENTATION,
OR GENDER IDENTITY AND INCLUDE, BUT NOT BE LIMITED TO:
(I) IDENTIFICATION AND EXAMINATION OF IDEAS ABOUT HEALTHY RELATION-
SHIPS AND BEHAVIORS LEARNED FROM HOME, FAMILY AND THE MEDIA;
(II) SELF-ESTEEM AND SELF-WORTH;
(III) FRIENDSHIP AND EMPATHY;
(IV) A DEFINITION OF TEEN DATING VIOLENCE;
(V) RECOGNITION OF WARNING SIGNS ESTABLISHED BY A DATING PARTNER;
(VI) CHARACTERISTICS OF A HEALTHY RELATIONSHIP;
(VII) LINKS BETWEEN BULLYING AND TEEN DATING VIOLENCE;
(VIII) SAFE USE OF TECHNOLOGY;
(IX) A DISCUSSION OF LOCAL COMMUNITY RESOURCES FOR THOSE IN A TEEN
DATING VIOLENCE RELATIONSHIP;
(X) AN AGE-APPROPRIATE DEFINITION OF AFFIRMATIVE CONSENT CONSISTENT
WITH THAT USED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF THIS CHAPTER;
(XI) AGE-APPROPRIATE, MEDICALLY ACCURATE SEXUAL HEALTH;
S. 1506--B 14
(XII) AGE-APPROPRIATE INSTRUCTING TO IDENTIFY AND REPORT SEXUAL
EXPLOITATION AND ABUSE; AND
(XIII) INSTRUCTION TO IDENTIFY AND REPORT SEXUAL HARASSMENT.
(B) THE EDUCATIONAL STANDARDS FOR SUCH PROGRAM SHALL BE ADDED TO THE
HEALTH EDUCATION STANDARDS AFTER CONSULTATION WITH THE COMMISSIONER OF
HEALTH AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES AND BE
DESIGNED TO EDUCATE STUDENTS ABOUT HEALTHY RELATIONSHIPS. PRIOR TO
ADOPTING THE EDUCATION STANDARDS, THE COMMISSIONER SHALL ESTABLISH A
TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE SCOPE AND
SUBSTANCE OF THE STANDARDS. THE TASK FORCE SHALL:
(I) SEEK THE RECOMMENDATIONS OF TEACHERS, SCHOOL ADMINISTRATORS,
TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED
SUBJECT AREAS;
(II) SEEK THE RECOMMENDATIONS OF EXPERTS AND ORGANIZATIONS EXPERIENCED
IN THE PROPOSED SUBJECT AREAS; AND
(III) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED
PARTIES.
(C) THE COMMISSIONER SHALL DEVELOP AGE-APPROPRIATE MODEL INSTRUCTIONAL
RESOURCES FOR PARENTS AND EDUCATORS FOR POTENTIAL USE IN INSTRUCTING
STUDENTS ABOUT PHYSICAL SELF-AWARENESS AND HEALTHY RELATIONSHIPS. SUCH
RESOURCES SHALL BE DEVELOPED AFTER CONSULTATION WITH EXPERTS IN THE
FIELD.
(D) A WEBPAGE ON THE DEPARTMENT'S WEBSITE SHALL BE DEDICATED TO
PROVIDING INFORMATION AND RESOURCES TO PARENTS, STUDENTS, TEACHERS AND
SCHOOL DISTRICT OFFICIALS RELATED TO COMPREHENSIVE SEXUAL EDUCATION AND
HEALTHY RELATIONSHIPS.
(E) FOR THE PURPOSES OF THIS SECTION "AGE-APPROPRIATE" SHALL MEAN
TOPICS, MESSAGES, AND TEACHING METHODS SUITABLE TO PARTICULAR AGE AND
DEVELOPMENTAL LEVELS, BASED ON COGNITIVE, EMOTIONAL, SOCIAL AND EXPERI-
ENCE LEVEL OF MOST STUDENTS AT THAT AGE LEVEL, AND "MEDICALLY ACCURATE"
SHALL MEAN INFORMATION SUPPORTED BY PEER REVIEWED, EVIDENCE-BASED
RESEARCH RECOGNIZED AS ACCURATE BY LEADING PROFESSIONAL ORGANIZATIONS
AND AGENCIES WITH RELEVANT EXPERIENCE SUCH AS THE AMERICAN MEDICAL ASSO-
CIATION AND THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
(F) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A SCHOOL
DISTRICT SHALL PROVIDE REASONABLE NOTICE TO PARENTS AND GUARDIANS OF
STUDENTS IN GRADES SIX THROUGH TWELVE THAT SUCH INSTRUCTION WILL BE
GIVEN AND THE NATURE OF THE CURRICULUM. ANY PARENT OR GUARDIAN OF A
STUDENT IN GRADES SIX THROUGH TWELVE MAY DIRECT THE REMOVAL OF THE
STUDENT FROM THE COMPREHENSIVE SEXUAL EDUCATION AND SEXUAL HEALTH
PORTIONS OF SUCH INSTRUCTION UPON WRITTEN NOTICE TO THE SCHOOL DISTRICT.
§ 34. Intentionally omitted.
§ 35. 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
25 of part CCC of chapter 59 of the laws of 2018, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the 2016--2017 school year shall not exceed 60.3
percent of the lesser of such approvable costs per contact hour or thir-
teen dollars ninety cents per contact hour, 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, [and] reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
S. 1506--B 15
AND REIMBURSEMENT FOR THE 2019--2020 SCHOOL YEAR SHALL NOT EXCEED 57.7
PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
FIFTEEN DOLLARS AND SIXTY 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 2016--2017 school year such contact hours shall not exceed one
million five hundred fifty-one thousand three hundred twelve
(1,551,312); whereas 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); [and] WHEREAS for the 2018--2019 school
year such contact hours shall not exceed one million four hundred
sixty-three thousand nine hundred sixty-three (1,463,963), AND FOR THE
2019--2020 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED FORTY-FOUR (1,444,444).
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.
§ 36. 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 x to read as follows:
X. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2019--2020 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 37. 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 27 of part CCC
of chapter 59 of the laws of 2018, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2019] 2020.
§ 38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 28 of part CCC of chapter 59 of the
laws of 2018, 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,
[2019] 2020 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, [2019] 2020;
§ 39. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
S. 1506--B 16
charter school or BOCES employees, as amended by section 31 of part CCC
of chapter 59 of the laws of 2018, 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, [2019] 2020 when
upon such date the provisions of this act shall be deemed repealed.
§ 40. 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 33 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and SECTION ONE OF THIS
ACT shall expire and be deemed repealed June 30, 2019, AND SECTIONS TWO
AND THREE OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 30,
2020.
§ 41. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part CCC of chapter 59 of the laws
of 2018, 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, [2019] 2020.
§ 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 G of chapter 61 of the laws of 2017, 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, [2019] 2022 provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2019] 2022 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
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.
S. 1506--B 17
§ 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 G of chapter 61 of the laws
of 2017, 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, [2019] 2022.
§ 44. 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 40 of part YYY of chapter 59 of the laws of 2017,
is amended to read as follows:
§ 7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2019] 2021.
§ 45. Section 2 of chapter 552 of the laws of 1995, amending the
education law relating to contracts for the transportation of school
children, as amended by section 25 of part A of chapter 54 of the laws
of 2016, is amended to read as follows:
§ 2. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2020] 2023, when upon such
date the provisions of this act shall be deemed repealed.
§ 46. Section 26 of subpart F of part C of chapter 97 of the laws of
2011 amending the education law relating to census reporting, as amended
by section 21-a of part A of chapter 56 of the laws of 2014, is amended
to read as follows:
§ 26. This act shall take effect immediately provided, however, that
the provisions of section three of this act shall expire June 30, [2019]
2024 when upon such date the provisions of such section shall be deemed
repealed; provided, further that the provisions of sections eight, elev-
en, twelve, thirteen and twenty of this act shall expire July 1, 2014
when upon such date the provisions of such sections shall be deemed
repealed.
§ 46-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 27-a of part CCC of chapter 59 of the
laws of 2018, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand [eighteen] NINETEEN--two thou-
sand [nineteen] TWENTY, the commissioner may set aside an amount not to
exceed two million five hundred thousand dollars from the funds appro-
priated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been enrolled in
any school for the preceding school year, including persons who have
received a high school diploma or high school equivalency diploma but
fail to demonstrate basic educational competencies as defined in regu-
lation by the commissioner, when measured by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
§ 46-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
3602-ee of the education law, as amended by section 18-b of part CCC of
chapter 59 of the laws of 2018, is amended to read as follows:
S. 1506--B 18
(ii) Provided that, notwithstanding any provisions of this paragraph
to the contrary, for the two thousand seventeen-two thousand eighteen
[and two thousand eighteen-two thousand nineteen] THROUGH TWO THOUSAND
NINETEEN--TWO THOUSAND TWENTY school years an exemption to the certif-
ication requirement of subparagraph (i) of this paragraph may be made
for a teacher without certification valid for service in the early
childhood grades who possesses a written plan to obtain certification
and who has registered in the ASPIRE workforce registry as required
under regulations of the commissioner of the office of children and
family services. Notwithstanding any exemption provided by this subpara-
graph, certification shall be required for employment no later than June
thirtieth, two thousand [nineteen] TWENTY.
§ 46-c. The opening paragraph of section 3609-a of the education law,
as amended by section 21 of part CCC of chapter 59 of the laws of 2018,
is amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [eighteen] NINETEEN--two thousand [nine-
teen] TWENTY school year, "moneys apportioned" shall mean the lesser of
(i) the sum of one hundred percent of the respective amount set forth
for each school district as payable pursuant to this section in the
school aid computer listing for the current year produced by the commis-
sioner in support of the budget which includes the appropriation for the
general support for public schools for the prescribed payments and indi-
vidualized payments due prior to April first for the current year plus
the apportionment payable during the current school year pursuant to
subdivision six-a and subdivision fifteen of section thirty-six hundred
two of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision six of section ninety-seven-nnnn
of the state finance law, less any grants provided pursuant to subdivi-
sion twelve of section thirty-six hundred forty-one of this article, or
(ii) the apportionment calculated by the commissioner based on data on
file at the time the payment is processed; provided however, that for
the purposes of any payments made pursuant to this section prior to the
first business day of June of the current year, moneys apportioned shall
not include any aids payable pursuant to subdivisions six and fourteen,
if applicable, of section thirty-six hundred two of this part as current
year aid for debt service on bond anticipation notes and/or bonds first
issued in the current year or any aids payable for full-day kindergarten
for the current year pursuant to subdivision nine of section thirty-six
hundred two of this part. The definitions of "base year" and "current
year" as set forth in subdivision one of section thirty-six hundred two
of this part shall apply to this section. For aid payable in the two
thousand [eighteen] NINETEEN--two thousand [nineteen] TWENTY school
year, reference to such "school aid computer listing for the current
year" shall mean the printouts entitled ["SA181-9"] "SA192-0".
§ 46-d. Subdivision a of section 5 of chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt union free school district to
finance deficits by the assurance of serial bonds, as amended by section
42-a of part CCC of chapter 59 of the laws of 2018, is amended to read
as follows:
S. 1506--B 19
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2018-19] 2019-20 school year, four million dollars
($4,000,000); for the [2019-20] 2020-21 school year, three million
dollars ($3,000,000); for the [2020-21] 2021-22 school year, two million
dollars ($2,000,000); for the [2021-22] 2022-23 school year, one million
dollars ($1,000,000); and for the [2022-23] 2023-24 school year, zero
dollars. Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
§ 46-e. Section 2 of chapter 670 of the laws of 2007 amending the
education law relating to directing the commissioner of education to
promulgate regulations limiting the engines of school vehicles to remain
idling while parked or standing on school grounds, as amended by chapter
74 of the laws of 2013, is amended to read as follows:
§ 2. This act shall take effect immediately and shall be deemed
repealed June 30, [2019] 2025.
§ 46-f. Section 4 of chapter 396 of the laws of 2012, amending the
education law, relating to services to out-of-state school districts by
boards of cooperative educational services, as amended by chapter 28 of
the laws of 2014, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July 1, [2019] 2024.
§ 46-g. Section 4 of chapter 374 of the laws of 2014 amending the
education law relating to he leasing of real property by boards of coop-
erative educational services, is amended to read as follows:
§ 4. This act shall take effect immediately, and shall expire and be
deemed repealed July 1, [2019] 2024, provided, however, that any
contracts entered pursuant to this act shall not be impaired or modified
by such expiration and repeal; provided further that the provisions of
this act shall only apply to contracts entered into after the effective
date of this act.
§ 46-h. Section 8 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, as amended by section 30 of
part CCC of chapter 59 of the laws of 2018, is amended to read as
follows:
§ 8. This act shall take effect July 1, 2016 and shall expire and be
deemed repealed June 30, [2019] 2020, except that paragraph (b) of
section five of this act and section seven of this act shall expire and
be deemed repealed June 30, 2021.
§ 47. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2019--2020 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes of this section. Such
payments shall not exceed four hundred thousand dollars ($400,000) per
school year.
S. 1506--B 20
§ 48. 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 2020 and not later than the last day of the third full
business week of June 2020, 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, 2020, for salary expenses incurred between April 1 and
June 30, 2019 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
S. 1506--B 21
deducted on a chronological basis starting with the earliest payment due
the district.
§ 49. 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, 2020, 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, 2020 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.
§ 50. 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 2019--2020 school year, as a non-component school
district, services required by article 19 of the education law.
S. 1506--B 22
§ 51. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2019--2020 school year. For the city
school district of the city of New York there shall be a setaside of
foundation aid equal to 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; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
b. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such setaside 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 associated with
implementation of an alternative approach to promote diversity 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.
c. The commissioner of education shall not be authorized to withhold
foundation aid 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 2019--2020 school year, and
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
2019--2020 school year, it is further provided that any city school
district in a city having a population of more than one million shall
S. 1506--B 23
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
d. For the purpose of teacher support for the 2019--2020 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for 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.
§ 52. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2018 enacting
the aid to localities budget shall be apportioned for the 2019--2020
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 2019--2020
by a chapter of the laws of 2019 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
§ 53. 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
S. 1506--B 24
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.
§ 54. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2019, provided,
however, that:
1. Sections five-a, six, sixteen, eighteen, nineteen, twenty-two,
twenty-three, thirty-two, forty-six-a, forty-six-b, forty-six-c, forty-
six-d, forty-seven, fifty and fifty-one of this act shall take effect
July 1, 2019;
2. Paragraph (a) of subdivision 7-a of section 804 of the education
law, as added by section thirty-three of this act, shall take effect
July 1, 2019; and
3. The amendments to 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 made by sections thirty-five and
thirty-six of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith.
PART A-1
Section 1. Paragraph e of subdivision 4 of section 3602 of the educa-
tion law, as amended by section 9-b of part CCC of chapter 59 of the
laws of 2018, is amended to read as follows:
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 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", (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 seven-
teen--two thousand eighteen school year and entitled "BT171-8", [and]
(iii) the amount, if any, set forth for such district as "COMMUNITY
SCHOOLS INCREASE" in the data file produced by the commissioner in
support of the executive budget for the two thousand eighteen--two thou-
sand nineteen school year and entitled "BT181-9", AND (IV) THE AMOUNT,
IF ANY, SET FORTH FOR SUCH DISTRICT AS "19-20 COMMUNITY SCHOOLS INCR" IN
THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE
BUDGET FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
AND ENTITLED "BT192-0". Each school district shall use such "COMMUNITY
SCHL AID (BT1617)" amount to support the transformation of school build-
ings into community hubs to deliver co-located or school-linked academ-
ic, 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-lo-
cated or school linked academic, health, mental health services and
personnel, after-school programming, dual language programs, nutrition,
counseling, legal and/or other services to students and their families,
including but not limited to providing a community school site coordina-
S. 1506--B 25
tor and programs for English language learners, or to support other
costs incurred to maximize students' academic achievement, provided
however 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 transforma-
tion at schools with extraordinary high levels of student need as iden-
tified by the commissioner, subject to the approval of the director of
the budget. Each school district shall use such "COMMUNITY SCHOOLS
INCREASE" to support the transformation of school buildings into commu-
nity hubs to deliver co-located or school linked academic, health,
mental health services and personnel, after-school programming, dual
language programs, 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, or to support other costs incurred to maximize students'
academic achievement. EACH SCHOOL DISTRICT SHALL USE SUCH "19-20 COMMU-
NITY SCHOOLS INCR" TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS
INTO COMMUNITY HUBS TO DELIVER CO-LOCATED OR SCHOOL LINKED ACADEMIC,
HEALTH, MENTAL HEALTH SERVICES AND PERSONNEL, AFTER-SCHOOL PROGRAMMING,
DUAL LANGUAGE PROGRAMS, 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, OR TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE
STUDENTS' ACADEMIC ACHIEVEMENT.
§ 1-a. Subdivision 1 of section 3602 of the education law is amended
by adding a new paragraph ii to read as follows:
II. (I) "DIRECT CERTIFICATION COUNT" SHALL BE EQUAL TO THE NUMBER OF
CHILDREN ELIGIBLE FOR FREE MEALS OR FREE MILK BASED ON INFORMATION
OBTAINED DIRECTLY FROM THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
ADMINISTERING THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND THE
DEPARTMENT OF HEALTH ADMINISTERING MEDICAID AND PROVIDING DATA AS PER
THE UNITED STATES DEPARTMENT OF AGRICULTURE MEDICAID DEMONSTRATION
PROJECT.
(II) "DIRECT CERTIFICATION ENROLLMENT" SHALL MEAN ENROLLMENT COLLECTED
FOR PURPOSES OF THE DIRECT CERTIFICATION MATCHING PROCESS.
(III) "DIRECT CERTIFICATION PERCENT" SHALL MEAN THE QUOTIENT ARRIVED
AT WHEN DIVIDING THE DIRECT CERTIFICATION COUNT BY DIRECT CERTIFICATION
ENROLLMENT.
(IV) "THREE-YEAR DIRECT CERTIFICATION PERCENTAGE" SHALL MEAN THE
QUOTIENT OF (A) THE SUM OF THE DIRECT CERTIFICATION COUNT FOR THE BASE
YEAR, PLUS SUCH DIRECT CERTIFICATION COUNT COMPUTED FOR THE YEAR PRIOR
TO THE BASE YEAR, PLUS SUCH DIRECT CERTIFICATION COUNT COMPUTED FOR THE
YEAR TWO YEARS PRIOR TO THE BASE YEAR, DIVIDED BY (B) THE DIRECT CERTIF-
ICATION ENROLLMENT FOR THE BASE YEAR, PLUS SUCH DIRECT CERTIFICATION
ENROLLMENT COMPUTED FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH
DIRECT CERTIFICATION ENROLLMENT COMPUTED FOR THE YEAR TWO YEARS PRIOR TO
THE BASE YEAR.
§ 1-b. Subdivision 1 of section 3602 of the education law is amended
by adding a new paragraph jj to read as follows:
JJ. "SMALL CITY SCHOOL DISTRICTS" SHALL MEAN ANY 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".
S. 1506--B 26
§ 1-c. Subdivision 12 of section 3602 of the education law, as amended
by section 13 of part CCC of chapter 59 of the laws of 2018, is amended
to read as follows:
12. Academic enhancement aid. A. A school district that as of April
first of the base year has been continuously identified as a district in
need of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
B. For the two thousand nine--two thousand ten through two thousand
fourteen--two thousand fifteen school years, each school district shall
be entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
C. For the two thousand fifteen--two thousand sixteen year, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2014-15 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fourteen--two thousand fifteen school year and entitled
"SA141-5", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
D. For the two thousand sixteen--two thousand seventeen 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 "2015-16 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fifteen--two thousand sixteen school year and entitled
"SA151-6", 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.
E. 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.
F. For the two thousand eighteen--two thousand nineteen 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 "2017-18 ESTIMATED AIDS" in the school aid computer
S. 1506--B 27
listing produced by the commissioner in support of the budget for the
two thousand seventeen--two thousand eighteen school year and entitled
"SA171-8", 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.
G. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY 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 "2017-18 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED
"SA171-8", LESS THE APPORTIONMENT DEEMED TO SATISFY THE STATE OBLIGATION
TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION
THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE FOR THE TWO THOUSAND EIGH-
TEEN--TWO THOUSAND NINETEEN SCHOOL YEAR.
§ 1-d. Subdivision 4 of section 3602 of the education law is amended
by adding a new paragraph g to read as follows:
G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
RY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR SHALL EQUAL THE SUM OF
(1) THE FOUNDATION AID BASE PLUS (2) THE EXECUTIVE FOUNDATION AID
INCREASE PLUS (3) THE GREATER OF TIERS A THROUGH J. FOR THE PURPOSES OF
THIS PARAGRAPH, "FOUNDATION AID REMAINING" SHALL MEAN THE POSITIVE
DIFFERENCE, IF ANY, OF (1) TOTAL FOUNDATION AID COMPUTED PURSUANT TO
THIS SUBDIVISION LESS (2) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION.
FOR PURPOSES OF THIS PARAGRAPH:
(I) "TIER A" SHALL EQUAL, THE GREATER OF (A) THE POSITIVE DIFFERENCE,
IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE MULTIPLIED BY TWENTY-
THREE ONE-THOUSANDTHS (0.023) LESS THE EXECUTIVE FOUNDATION AID INCREASE
OR (B) THE PRODUCT OF THE EXECUTIVE FOUNDATION AID INCREASE MULTIPLIED
BY FIVE-TENTHS (0.5).
(II) "TIER B" SHALL EQUAL THE PRODUCT OF FOUNDATION AID REMAINING
MULTIPLIED BY (A) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF ONE MILLION OR MORE, TWO HUNDRED FIFTY-FIVE ONE-THOUSANDTHS (0.255)
AND (B) FOR ALL OTHER SCHOOL DISTRICTS, FIFTY-FOUR ONE-THOUSANDTHS
(0.054).
(III) "TIER C" SHALL EQUAL, FOR ALL SCHOOL DISTRICTS WHERE THE
QUOTIENT ARRIVED AT WHEN DIVIDING THE SUM OF THE FOUNDATION AID BASE
PLUS THE EXECUTIVE FOUNDATION AID INCREASE BY TOTAL FOUNDATION AID IS
LESS THAN FIVE-TENTHS (0.5), THE DIFFERENCE OF THE PRODUCT OF TOTAL
FOUNDATION AID MULTIPLIED BY FIVE-TENTHS (0.5) LESS THE SUM OF THE FOUN-
DATION AID BASE AND THE EXECUTIVE FOUNDATION AID INCREASE.
(IV) "TIER D" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR
THE BASE YEAR BY SUCH ENROLLMENT FOR THE TWO THOUSAND EIGHT--TWO THOU-
SAND NINE SCHOOL YEAR IS GREATER THAN ONE AND ONE-TENTH (1.1), (B) THE
THREE-YEAR DIRECT CERTIFICATION PERCENTAGE AS DEFINED IN PARAGRAPH II OF
SUBDIVISION ONE OF THIS SECTION IS GREATER THAN FIVE-TENTHS (0.5), AND
(C) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER
COUNT COMPUTED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS
SECTION FOR THE BASE YEAR BY SUCH COUNT FOR THE TWO THOUSAND THIRTEEN--
TWO THOUSAND FOURTEEN SCHOOL YEAR IS GREATER THAN ONE AND SIX-TENTHS
(1.6) OR THE DIFFERENCE OF SUCH BASE YEAR PUPILS LESS SUCH TWO THOUSAND
S. 1506--B 28
SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR PUPILS IS GREATER THAN ONE
HUNDRED, THE PRODUCT OF FOUNDATION AID REMAINING MULTIPLIED BY THREE
THOUSAND THREE HUNDRED THIRTY-THREE TEN-THOUSANDTHS (0.3333).
(V) "TIER E" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR
THE BASE YEAR BY SUCH ENROLLMENT FOR THE TWO THOUSAND EIGHT--TWO THOU-
SAND NINE SCHOOL YEAR IS GREATER THAN ONE AND FIFTEEN ONE-HUNDREDTHS
(1.15), (B) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE
LEARNER COUNT COMPUTED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF
THIS SECTION FOR THE BASE YEAR BY SUCH COUNT FOR THE TWO THOUSAND EIGHT-
-TWO THOUSAND NINE SCHOOL YEAR IS GREATER THAN ONE AND THREE-TENTHS
(1.3), AND (C) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE COMBINED WEALTH
RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVI-
SION THREE OF THIS SECTION FOR THE CURRENT YEAR BY THE COMBINED WEALTH
RATIO FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR IS
LESS THAN ONE AND FIFTEEN ONE-HUNDREDTHS (1.15), THE PRODUCT OF FOUNDA-
TION AID REMAINING MULTIPLIED BY ONE HUNDRED EIGHT ONE-THOUSANDTHS
(0.108).
(VI) "TIER F" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR
THE BASE YEAR BY SUCH ENROLLMENT FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR IS LESS THAN ONE, AND (B) THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT COMPUTED
PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE
YEAR BY SUCH COUNT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN
SCHOOL YEAR IS GREATER THAN ONE AND TWENTY-FIVE ONE-HUNDREDTHS (1.25) OR
THE DIFFERENCE OF SUCH BASE YEAR PUPILS LESS SUCH PUPILS FOR THE TWO
THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR IS GREATER THAN
ONE HUNDRED, THE GREATER OF (A) THE PRODUCT OF FOUNDATION AID REMAINING
MULTIPLIED BY EIGHTY-FIVE ONE-THOUSANDTHS (0.085) OR (B) THE POSITIVE
DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE MULTIPLIED
BY THIRTY-TWO ONE-THOUSANDTHS (0.032) LESS THE EXECUTIVE FOUNDATION AID
INCREASE.
(VII) "TIER G" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE (A) THE
QUOTIENT ARRIVED AT WHEN DIVIDING THE FOUNDATION AID BASE BY TOTAL FOUN-
DATION AID IS LESS THAN SEVENTY-FIVE ONE-HUNDREDTHS (0.75), AND (B) THE
THREE-YEAR DIRECT CERTIFICATION PERCENTAGE AS DEFINED IN PARAGRAPH II OF
SUBDIVISION ONE OF THIS SECTION IS GREATER THAN SIXTY-TWO ONE-HUNDREDTHS
(0.62), THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF FOUNDATION
AID REMAINING MULTIPLIED BY ONE HUNDRED EIGHT ONE-THOUSANDTHS (0.108)
LESS THE EXECUTIVE FOUNDATION AID INCREASE.
(VIII) "TIER H" SHALL EQUAL, FOR SCHOOL DISTRICTS WHERE THE QUOTIENT
ARRIVED AT WHEN DIVIDING THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR
THE BASE YEAR BY SUCH ENROLLMENT FOR THE YEAR PRIOR TO THE BASE YEAR IS
GREATER THAN ONE, THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE
FOUNDATION AID BASE MULTIPLIED BY THIRTY-SEVEN ONE-THOUSANDTHS (0.037)
LESS THE EXECUTIVE FOUNDATION AID INCREASE.
(IX) "TIER I" SHALL EQUAL, FOR SCHOOL DISTRICTS WITH A COMBINED WEALTH
RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION LESS THAN ONE (1.0),
THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID
BASE MULTIPLIED BY THE TIER I PERCENT LESS THE EXECUTIVE FOUNDATION AID
INCREASE, WHERE (A) THE "TIER I PERCENT" SHALL EQUAL THE PRODUCT OF THE
S. 1506--B 29
TIER I RATIO MULTIPLIED BY EIGHT HUNDRED NINETY-FIVE TEN-THOUSANDTHS
(0.0895), AND (B) THE "TIER I RATIO" SHALL EQUAL THE DIFFERENCE OF NINE
HUNDRED NINETY-ONE ONE-THOUSANDTHS (0.991) LESS THE PRODUCT OF SEVENTY-
FIVE ONE-HUNDREDTHS (0.75) MULTIPLIED BY THE DIFFERENCE OF ONE LESS THE
THREE-YEAR DIRECT CERTIFICATION PERCENTAGE AS DEFINED IN PARAGRAPH II OF
SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH RATIO SHALL NOT BE
LESS THAN ZERO NOR GREATER THAN ONE.
(X) "TIER J" SHALL EQUAL, FOR SMALL CITY SCHOOL DISTRICTS COMPUTED
PURSUANT TO PARAGRAPH JJ OF SUBDIVISION ONE OF THIS SECTION, THE POSI-
TIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE FOUNDATION AID BASE
MULTIPLIED BY NINE HUNDRED SIXTY-SIX TEN-THOUSANDTHS (0.0966) LESS THE
EXECUTIVE FOUNDATION AID INCREASE.
(XI) THE "EXECUTIVE FOUNDATION AID INCREASE" SHALL BE EQUAL TO THE
DIFFERENCE OF (A) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS
"FOUNDATION AID" UNDER THE HEADING "2019-20 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR AND ENTITLED "BT192-0" LESS (B) THE AMOUNTS SET FORTH
FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2018-19
BASE YEAR AIDS" IN SUCH COMPUTER LISTING.
§ 1-e. Subdivision 8 of section 3641 of the education law, as added by
section 38 of part B of chapter 57 of the laws of 2007, paragraph b as
amended by section 29 of part B of chapter 57 of the laws of 2008, is
amended to read as follows:
8. Supplemental educational improvement grants. a. In addition to
apportionments otherwise provided by section thirty-six hundred two of
this article, for aid payable in the two thousand seven--two thousand
eight school year and thereafter, the amounts specified in paragraph b
of this subdivision shall be paid for the purpose of providing addi-
tional funding for the costs of educational improvement plans required
as a result of a court-ordered settlement in a school desegregation case
to which the state was a party. Grant funds awarded pursuant to this
subdivision shall be used exclusively for services and expenses incurred
by the school district to implement such educational improvement plans.
b. To the Yonkers city school district, FOR THE TWO THOUSAND SEVEN--
TWO THOUSAND EIGHT THROUGH TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEARS, there shall be paid seventeen million five hundred thou-
sand dollars ($17,500,000) on an annual basis, AND FOR THE TWO THOUSAND
NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER THERE SHALL BE
PAID TWENTY-ONE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS
($21,750,000) ON AN ANNUAL BASIS. Such grant shall be payable from
funds appropriated for such purpose and shall be apportioned to the
Yonkers city school district in accordance with the payment schedules
contained in section thirty-six hundred nine-a of this article, notwith-
standing any provision of law to the contrary.
§ 2. Notwithstanding any other provision of law to the contrary, the
actions or omissions of any school district which failed to submit a
final building project cost report by June thirtieth of the school year
following June thirtieth 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 hereby ratified and validated, provided that such building
project was eligible for aid in a year for which the commissioner of the
department of education is required to prepare an estimate of apportion-
ments due and owing pursuant to paragraph c of subdivision 21 of section
305 of the education law, provided further that such school district
S. 1506--B 30
submits a final cost report and such report is approved by the commis-
sioner of education, and provided further that any amount due and paya-
ble for school years prior to the 2020-2021 school year as a result of
this act shall be paid pursuant to the provisions of paragraph c of
subdivision 5 of section 3604 of the education law.
§ 2-a. Notwithstanding any other provision of law to the contrary, the
department of education shall provide notice to all school districts
that may have projects eligible under section one of this act no later
than July 1, 2019.
§ 3. 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 on or before
July 1, 2019, 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, irreg-
ularity or illegality 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.
§ 4. 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
S. 1506--B 31
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,
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.
§ 5. Tuition rates approved for the 2019--2020 school year for special
services or programs provided to school-age students by special act
school districts; approved private residential or non-residential
schools for the education of students with disabilities that are located
within the state; and providers of education to preschool children with
disabilities pursuant to section 4410 of the education law shall provide
for an increase of at least four percent in reimbursable costs.
§ 6. Subdivision 10 of section 407-b of the education law, as amended
by chapter 31 of the laws of 1996, is amended to read as follows:
10. Notwithstanding any other provision of law to the contrary, the
dormitory authority may execute leases, subleases, or other agreements
with state supported schools for financing of the design, construction,
rehabilitation, improvement, renovation, acquisition or provision,
furnishing or equipping of capital facilities; provided, however, that
during the two year period commencing July first, nineteen hundred nine-
ty-five, the amount of bonds inclusive of principal, interest and issu-
ance costs to be issued for each individual lease, sublease, or other
agreement shall not exceed fifteen million dollars annually; provided
further that the interest on such bonds may not be deferred through
additional borrowing; and provided finally that the total amount of such
S. 1506--B 32
bonds for all such leases, subleases, or agreements with state supported
schools during such period shall not exceed [sixty-five] ONE HUNDRED
million dollars.
On or before September first of each year, the commissioner shall
submit to the chairs of the assembly ways and means committee, the
senate finance committee and the director of the budget, a capital plan
for those projects expected to be bonded for state supported schools
pursuant to this section, within such [sixty-five] ONE HUNDRED million
dollar allowance. After application of the principles of the capital
assets preservation program, such plan shall accord priority to health
and safety considerations and shall specify the name, location, esti-
mated total cost of the project at the time the project is to be bid,
the anticipated bid date and the anticipated completion date and may
contain any further recommendations the commissioner may deem appropri-
ate.
§ 7. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of
the education law, as amended by chapter 698 of the laws of 2003, is
amended to read as follows:
(2) Notwithstanding any inconsistent provision of law in no event
shall the total salary including amounts paid pursuant to section twen-
ty-two hundred nine of this chapter for district superintendents [for
each school year through the two thousand two--two thousand three school
year exceed ninety-eight percent of that earned by the commissioner for
state fiscal year nineteen hundred ninety-two--ninety-three, and in no
event shall such total salary for a district superintendent] for the two
thousand [three] NINETEEN--two thousand [four] TWENTY school year or any
subsequent school year exceed: (i) one hundred six percent of the salary
cap applicable in the preceding school year, or (ii) ninety-eight
percent of that earned by the commissioner in the two thousand [three]
NINETEEN--two thousand [four] TWENTY state fiscal year, whichever is
less. In no event shall any district superintendent be permitted to
accumulate vacation or sick leave credits in excess of the vacation and
sick leave credits managerial/confidential employees of the state are
permitted to accumulate pursuant to regulations promulgated by the state
civil service commission, nor may any district superintendent at the
time of separation from service be compensated for accrued and unused
vacation credits or sick leave, or use accrued and unused sick leave for
retirement service credit or to pay for health insurance in retirement,
at a rate in excess of the rate permitted to managerial/confidential
employees of the state pursuant to regulations of the state civil
service commission. In addition to the payment of supplementary salary,
a board of cooperative educational services may provide for the payment
of all or a portion of the cost of insurance benefits for the district
superintendent of schools, including but not limited to health insur-
ance, disability insurance, life insurance or any other form of insur-
ance benefit made available to managerial/confidential employees of the
state; provided that any such payments for whole life, split dollar or
other life insurance policies having a cash value shall be included in
the total salary of the district superintendent for purposes of this
subparagraph, and provided further that any payments for the employee
contribution, co-pay or uncovered medical expenses under a health insur-
ance plan also shall be included in the total salary of the district
superintendent. Notwithstanding any other provision of law, payments
for such insurance benefits may be based on the district superinten-
dent's total salary or the amount of his or her supplementary salary
only. Any payments for transportation or travel expenses in excess of
S. 1506--B 33
actual, documented expenses incurred in the performance of duties for
the board of cooperative educational services or the state, and any
other lump sum payment not specifically excluded from total salary
pursuant to this subparagraph, shall be included in the total salary of
the district superintendent for purposes of this subparagraph. Nothing
herein shall prohibit a district superintendent from waiving any rights
provided for in an existing contract or agreement as hereafter prohibit-
ed in favor of revised compensation or benefit provisions as permitted
herein. In no event shall the terms of the district superintendent's
contract, including any provisions relating to an increase in salary,
compensation or other benefits, be contingent upon the terms of any
contract or collective bargaining agreement between the board of cooper-
ative educational services and its teachers or other employees. The
commissioner may adopt regulations for the purpose of implementing the
provisions of this paragraph.
§ 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
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 NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR; THIRTY-EIGHT
THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR; FORTY-TWO THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-ONE-
-TWO THOUSAND TWENTY-TWO SCHOOL YEAR; FORTY-SIX THOUSAND DOLLARS FOR THE
TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR; AND
FIFTY THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
TWENTY-FOUR SCHOOL YEAR, AND THEREAFTER. Any gifts, donations or inter-
est earned by the board of cooperative educational services or on behalf
of the board of cooperative educational services by the dormitory
authority or any other source shall not be deducted in determining the
cost of services allocated to each component school district. Any
payments made to a component school district by the board of cooperative
educational services pursuant to subdivision eleven of section six-p of
the general municipal law attributable to an approved cost of service
computed pursuant to this subdivision shall be deducted from the cost of
services allocated to such component school district. The expense of
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. Transporta-
tion expense pursuant to paragraph q of subdivision four of this section
S. 1506--B 34
shall be included in the computation of the ten percent limitation on
administrative and clerical expenses.
§ 9. Paragraph b of subdivision 10 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:
b. Aid for career education. There shall be apportioned to such city
school districts and other school districts which were not components of
a board of cooperative educational services in the base year for pupils
in grades [ten] NINE through twelve in attendance in career education
programs as such programs are defined by the commissioner, subject for
the purposes of this paragraph to the approval of the director of the
budget, an amount for each such pupil to be computed by multiplying the
career education aid ratio by [three] FOUR thousand [nine] ONE hundred
dollars. Such aid will be payable for weighted pupils attending career
education programs operated by the school district and for weighted
pupils for whom such school district contracts with boards of cooper-
ative educational services to attend career education programs operated
by a board of cooperative educational services. Weighted pupils for the
purposes of this paragraph shall mean the sum of (I) THE PRODUCT OF the
attendance of STUDENTS IN GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES
PHASE-IN FACTOR PLUS (II) THE ATTENDANCE OF students in grades ten
through twelve in career education sequences in trade, industrial, tech-
nical, agricultural or health programs plus the product of sixteen
hundredths multiplied by THE SUM OF (I) THE PRODUCT of the attendance of
STUDENTS IN GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN
FACTOR PLUS (II) THE ATTENDANCE OF students in grades ten through twelve
in career education sequences in business and marketing as defined by
the commissioner in regulations; PROVIDED THAT THE SPECIAL SERVICES
PHASE-IN FACTOR SHALL BE (I) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR, TWENTY-FIVE PERCENT (0.25), (II) FOR THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, FIFTY PERCENT
(0.5), (III) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
SCHOOL YEAR, SEVENTY-FIVE PERCENT (0.75), AND (IV) FOR THE TWO THOUSAND
TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, ONE
HUNDRED PERCENT (1.0). The career education aid ratio shall be computed
by subtracting from one the product obtained by multiplying fifty-nine
percent by the combined wealth ratio. This aid ratio shall be expressed
as a decimal carried to three places without rounding, but not less than
thirty-six percent.
Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education programs in
the current year.
A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion reduced in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
support of career education programs were continued at a level equal to
or greater than the level of such overall expenditures per pupil in the
preceding school year.
§ 10. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by chapter 273 of the laws of 1999, is amended to read
as follows:
a. (1) All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
S. 1506--B 35
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)] (I) are made by the board of education or the trustee of a
district, under rules and regulations prescribed by the commissioner,
and, [(2)] (II) do not extend the original contract period beyond five
years from the date cafeteria and restaurant service commenced there-
under and in the case of contracts for the transportation of pupils, for
the maintenance of school buses or for mobile instructional units, that
such contracts may be extended, except that power is hereby vested in
the commissioner, in addition to his OR HER existing statutory authority
to approve or disapprove transportation or maintenance contracts, [(i)]
(A) to reject any extension of a contract beyond the initial term there-
of if he OR SHE finds that amount to be paid by the district to the
contractor in any year of such proposed extension fails to reflect any
decrease in the regional consumer price index for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U) during the preceding twelve month period; and [(ii)] (B) to
reject any extension of a contract after ten years from the date trans-
portation or maintenance service commenced thereunder, or mobile
S. 1506--B 36
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. The board of
education or the trustee of a school district electing to extend a
contract as provided herein, may, in its discretion, increase the amount
to be paid in each year of the contract extension by an amount not to
exceed the regional consumer price index increase for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U), during the preceding twelve month period, 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 opera-
tion, during the period of the contract.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD
OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE
MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, WHETHER AWARDED
THROUGH COMPETITIVE BIDDING OR THROUGH EVALUATION OF PROPOSALS IN
RESPONSE TO A REQUEST FOR PROPOSALS PURSUANT TO PARAGRAPH E OF THIS
SUBDIVISION, PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF
SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE
HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
IN CONNECTION WITH SUCH CONTRACTS. FOR PURPOSES OF THIS SUBPARAGRAPH,
"SCHOOL BUS WORKER" SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR
ATTENDANT WHO: (I) WAS EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN
OR AT ANY TIME THEREAFTER BY (A) A CONTRACTOR THAT WAS A PARTY TO A
CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A
CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF
SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH
SUCH CONTRACT, OR (B) A SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY
TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED
IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION
OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION
WITH SUCH CONTRACT; AND (II) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS
A RESULT OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH
CONTRACTOR OR SUCH SUBCONTRACTOR, OR AS THE RESULT OF A REDUCTION IN
SERVICE DIRECTED BY SUCH BOARD OF EDUCATION DURING THE TERM OF SUCH
CONTRACT.
§ 11. Paragraph (d) of subdivision 1 of section 2856 of the education
law, as amended by section 4 of part YYY of chapter 59 of the laws of
2017, is amended to read as follows:
(d) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
THEREAFTER, PROVIDED HOWEVER, THAT FOR ANY SCHOOL DISTRICT HAVING A
POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE
CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR AND thereafter.
§ 12. Paragraph (c) of subdivision 1 of section 2856 of the education
law, as amended by section 4-a of part YYY of chapter 59 of the laws of
2017, is amended to read as follows:
S. 1506--B 37
(c) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
THEREAFTER, PROVIDED HOWEVER, THAT FOR ANY SCHOOL DISTRICT HAVING A
POPULATION OF LESS THAN ONE MILLION, SUCH PAYMENT SHALL BE MADE IN THE
CURRENT YEAR OF EXPENSES INCURRED IN THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY SCHOOL YEAR AND thereafter.
§ 13. Paragraphs b and c of subdivision 1 of section 6-r of the gener-
al municipal law, as added by chapter 260 of the laws of 2004, are
amended to read as follows:
b. "Participating employer" means: (I) a participating employer as
defined in subdivision twenty of section two of the retirement and
social security law or in subdivision twenty of section three hundred
two of such law; OR (II) A PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVI-
SION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
c. "Retirement contribution" shall mean all or any portion of the
amount payable by a municipal corporation to:(I) either the New York
state and local employees' retirement system or the New York state and
local police and fire retirement system pursuant to section seventeen or
three hundred seventeen of the retirement and social security law; OR
(II) THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION
FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW.
§ 14. Subdivision 2 of section 6-r of the general municipal law, as
added by chapter 260 of the laws of 2004, is amended to read as follows:
2. The governing board of any municipal corporation which is also a
participating employer by resolution may establish a retirement contrib-
ution reserve fund for the purpose of (A) financing retirement contrib-
utions, AND/OR (B) IN THE CASE OF A MUNICIPAL CORPORATION WHICH IS A
PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE
HUNDRED ONE OF THE EDUCATION LAW, FINANCING APPROPRIATIONS AUTHORIZED BY
LAW IN ORDER TO OFFSET ALL OR A PORTION OF THE AMOUNT DEDUCTED FROM THE
MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION FROM THE STATE FOR THE
SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF
THE EDUCATION LAW.
§ 15. Section 6-r of the general municipal law is amended by adding a
new subdivision 2-a to read as follows:
2-A. WITH RESPECT TO A MUNICIPAL CORPORATION WHICH IS A PARTICIPATING
EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF
THE EDUCATION LAW, WHICH ELECTS TO UTILIZE A RETIREMENT CONTRIBUTION
RESERVE FUND (A) TO FINANCE RETIREMENT CONTRIBUTIONS TO THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE HUNDRED TWEN-
TY-ONE OF THE EDUCATION LAW AND/OR (B) TO OFFSET ALL OR A PORTION OF THE
AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION
FROM THE STATE FOR THE SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION
FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW, SUCH MUNICIPAL CORPORATION
SHALL ESTABLISH A SUB-FUND WITHIN THE RETIREMENT CONTRIBUTION RESERVE
FUND, WHICH SHALL BE SEPARATELY ADMINISTERED CONSISTENT WITH THE
PROVISIONS OF THIS SECTION. SUCH MUNICIPAL CORPORATION MAY PAY INTO SUCH
SUB-FUND DURING ANY PARTICULAR FISCAL YEAR AN AMOUNT NOT TO EXCEED TWO
PER CENTUM OF THE TOTAL COMPENSATION OR SALARIES OF ALL TEACHERS IN THE
EMPLOY OF SAID MUNICIPAL CORPORATION WHO ARE MEMBERS OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM PAID DURING THE IMMEDIATELY PRECEDING
FISCAL YEAR. THE BALANCE OF SUCH SUB-FUND MAY NOT EXCEED TEN PER CENTUM
OF THE TOTAL COMPENSATION OR SALARIES OF ALL TEACHERS IN THE EMPLOY OF
S. 1506--B 38
THE MUNICIPAL CORPORATION WHO ARE MEMBERS OF THE NEW YORK STATE TEACH-
ERS' RETIREMENT SYSTEM PAID DURING THE IMMEDIATELY PRECEDING FISCAL
YEAR. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "TEACHER" SHALL
HAVE THE SAME MEANING AS SUCH TERM IS DEFINED UNDER SUBDIVISION FOUR OF
SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
§ 16. Subdivision 5 of section 6-r of the general municipal law, as
added by chapter 260 of the laws of 2004, is amended to read as follows:
5. The governing board of such municipal corporation by resolution may
authorize expenditures from a retirement contribution reserve fund.
Except as otherwise provided by law, moneys in a retirement contribution
reserve fund may only be expended (A) to finance retirement contrib-
utions, AND/OR (B) IN THE CASE OF A MUNICIPAL CORPORATION WHICH IS A
PARTICIPATING EMPLOYER, AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE
HUNDRED ONE OF THE EDUCATION LAW, FOR APPROPRIATIONS AUTHORIZED BY LAW
IN ORDER TO OFFSET ALL OR A PORTION OF THE AMOUNT DEDUCTED FROM THE
MONEYS APPORTIONED TO THE PARTICIPATING EMPLOYER FROM THE STATE FOR THE
SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF
THE EDUCATION LAW. WITH RESPECT TO A MUNICIPAL CORPORATION WHICH IS A
PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE
HUNDRED ONE OF THE EDUCATION LAW, EXPENDITURES FROM THE RETIREMENT
CONTRIBUTION RESERVE FUND TO FINANCE RETIREMENT CONTRIBUTIONS TO THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE HUNDRED
TWENTY-ONE OF THE EDUCATION LAW AND/OR TO OFFSET ALL OR A PORTION OF THE
AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION
FROM THE STATE FOR THE SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION
FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW MAY ONLY BE MADE FROM THE
SUB-FUND ESTABLISHED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION.
§ 17. Section 6-r of the general municipal law is amended by adding a
new subdivision 11 to read as follows:
11. THE GOVERNING BOARD OF A MUNICIPAL CORPORATION WHICH IS A PARTIC-
IPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED
ONE OF THE EDUCATION LAW BY RESOLUTION MAY (A) AUTHORIZE THE TRANSFER OF
ALL OR A PORTION OF THE MONIES IN THE SEPARATELY ADMINISTERED SUB-FUND
AS ESTABLISHED UNDER SUBDIVISION TWO-A OF THIS SECTION TO THE RETIREMENT
CONTRIBUTION RESERVE FUND, AND/OR (B) AUTHORIZE THE TRANSFER OF ALL OR A
PORTION OF THE MONIES IN THE RETIREMENT CONTRIBUTION RESERVE FUND TO THE
SEPARATELY ADMINISTERED SUB-FUND AS PROVIDED IN SUBDIVISION TWO-A OF
THIS SECTION, SUBJECT TO THE LIMITS ON ANNUAL PAYMENTS INTO THE SUB-FUND
AND THE BALANCE OF THE SUB-FUND SPECIFIED BY THE SUBDIVISION TWO-A OF
THIS SECTION.
§ 18. Paragraph c of subdivision 4 of section 3641 of the education
law, as amended by section 48 of part C of chapter 58 of the laws of
1998, is amended to read as follows:
c. Powers and duties of the commissioner. (1) The commissioner shall
develop a building condition survey matrix which would be used to assist
public school districts to develop long range facilities plans in a
consistent format.
(1-A) COMMENCING WITH THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
SCHOOL YEAR, THE COMMISSIONER SHALL REQUIRE SCHOOL DISTRICTS TO CONDUCT
BUILDING CONDITION SURVEYS PURSUANT TO THIS SECTION IN ACCORDANCE WITH A
STAGGERED SCHEDULE AS ASSIGNED BY THE COMMISSIONER, TO BE STRUCTURED AS
FOLLOWS, AND EVERY FIVE YEARS THEREAFTER. IN ASSIGNING SCHOOL DISTRICTS
TO A SCHEDULED YEAR, THE COMMISSIONER SHALL ENSURE THAT NO REGION OF THE
STATE IS OVER REPRESENTED IN A GIVEN SCHEDULED YEAR. THE COMMISSIONER
SHALL ASSIGN SCHOOL DISTRICTS TO CONDUCT BUILDING CONDITION SURVEYS IN
THE FOLLOWING MANNER:
S. 1506--B 39
(I) SCHEDULE A: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
COMMISSIONER, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOU-
SAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR. THE REMAINING SCHOOL
DISTRICTS SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT TO
SECTIONS FOUR HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR;
(II) SCHEDULE B: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT
THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A, SHALL CONDUCT A
BUILDING CONDITION SURVEY IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR. THE REMAINING SCHOOL DISTRICTS, OTHER THAN THOSE
ASSIGNED TO SCHEDULE A, SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED
PURSUANT TO SECTIONS FOUR HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS
CHAPTER IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR;
(III) SCHEDULE C: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY
THE COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT
THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A OR SCHEDULE B,
SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOUSAND TWENTY-
ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR. THE REMAINING SCHOOL
DISTRICTS, OTHER THAN THOSE ASSIGNED TO SCHEDULE A AND SCHEDULE B, SHALL
CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT TO SECTIONS FOUR
HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN THE TWO THOU-
SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR;
(IV) SCHEDULE D: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT
THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A, SCHEDULE B, AND
SCHEDULE C, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOU-
SAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR. THE REMAINING
SCHOOL DISTRICTS, OTHER THAN THOSE ASSIGNED TO SCHEDULE A, SCHEDULE B,
AND SCHEDULE C, SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT
TO SECTIONS FOUR HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER
IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR;
(V) SCHEDULE E: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT
THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A, SCHEDULE B,
SCHEDULE C, AND SCHEDULE D, SHALL CONDUCT A BUILDING CONDITION SURVEY IN
THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
(2) The commissioner is hereby authorized to enter into the necessary
contractual agreements with architects and/or engineers to state-wide
contracts to provide building construction surveys on a regional basis
for a fixed fee per square foot. Such building condition surveys shall
be used to assist school districts with the development of their five-
year capital facilities plan.
§ 19. Subdivision 6-e of section 3602 of the education law, as amended
by chapter 296 of the laws of 2016, is amended to read as follows:
6-e. Additional apportionment of building aid for building condition
surveys of school buildings. In addition to the apportionments payable
to a school district pursuant to subdivision six of this section, the
commissioner is hereby authorized to apportion to any school district
additional building aid in accordance with this subdivision for its
approved expenses in the base year for building condition surveys of
school buildings that are conducted pursuant to this subdivision and
subdivision four of section thirty-six hundred forty-one of this arti-
cle. The amount of such apportionment shall equal the product of the
building aid ratio defined pursuant to paragraph c of subdivision six of
this section and the actual approved expenses incurred by the district
S. 1506--B 40
in the base year for each school building so inspected, provided that
the amount of such apportionment shall not exceed the building condition
survey aid ceiling[, and provided further that such approved expenses
shall include approved expenses for testing of potable water systems for
lead contamination pursuant to section eleven hundred ten of the public
health law]. For surveys conducted in the nineteen hundred ninety-eight-
-ninety-nine school year, the building condition aid ceiling shall be
twenty cents gross per square foot of floor area. For surveys conducted
in the nineteen hundred ninety-nine--two thousand school year and there-
after, the inspection aid ceiling shall be twenty cents gross per square
foot of floor area, plus an amount computed by the commissioner in
accordance with regulations adopted for such purpose, on the basis of an
index number reflecting changes in the costs of labor and materials from
July first, nineteen hundred ninety-eight.
§ 20. Subdivision 6-h of section 3602 of the education law, as added
by chapter 296 of the laws of 2016, is amended to read as follows:
6-h. Building aid for testing and filtering of potable water systems
for lead contamination. In addition to the apportionments payable to a
school district pursuant to subdivision six of this section, the commis-
sioner is hereby authorized to apportion to any school district addi-
tional building aid pursuant to this subdivision for its approved
expenditures, otherwise ineligible for building aid, in the base year
for the testing of potable water systems required pursuant to section
eleven hundred ten of the public health law and for the installation of
filters and/or other effective remedial measures for immediate remedi-
ation in cases where a finding of lead contamination is made pursuant to
such section and verified by confirmatory sampling, provided that the
cost of installation of such filters and/or other effective remedial
measures shall be deemed an approved expenditure only if (i) such
installation and/or other effective remedial measures have been approved
or reviewed by a professional with expertise in the field of water qual-
ity and remediation and (ii) such cost is incurred prior to July first,
two thousand nineteen. Such aid shall equal the product of the building
aid ratio defined pursuant to paragraph c of subdivision six of this
section and the actual approved expenditures incurred in the base year
pursuant to this subdivision. COMMENCING IN THE TWO THOUSAND NINETEEN--
TWO THOUSAND TWENTY SCHOOL YEAR AND EVERY YEAR THEREAFTER, ADDITIONAL
BUILDING AID PURSUANT TO THIS SUBDIVISION SHALL INCLUDE APPROVED
EXPENSES FOR TESTING OF POTABLE WATER SYSTEMS FOR LEAD CONTAMINATION
PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW.
§ 21. Section 3602 of the education law is amended by adding a new
subdivision 6-i to read as follows:
6-I. BUILDING AID FOR PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS.
IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT PURSUANT
TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY AUTHOR-
IZED TO APPORTION OF ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID IN
ACCORDANCE WITH THIS SUBDIVISION FOR PERIODIC INSPECTIONS OF PUBLIC
SCHOOL BUILDINGS THAT ARE CONDUCTED PURSUANT TO SECTION FOUR HUNDRED
NINE-D AND SECTION FOUR HUNDRED NINE-E OF THIS CHAPTER WHICH ARE OTHER-
WISE INELIGIBLE FOR BUILDING AID, PROVIDED THAT ANY SUCH INSPECTIONS
SHALL BE COMPLETED PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-THREE.
§ 22. Paragraph (a) of subdivision 2 of section 409-e of the education
law, as added by section 1 of part B of chapter 56 of the laws of 1998,
is amended to read as follows:
(a) [Every public school building shall be inspected annually in
accordance with the code, provided however, the] THE commissioner may
S. 1506--B 41
require [more frequent] PERIODIC inspections OF PUBLIC SCHOOL BUILDINGS
as deemed necessary to maintain the safety of school buildings and the
welfare of their occupants.
§ 23. Subdivision 1 of section 409-d of the education law, as amended
by chapter 437 of the laws of 2014, is amended to read as follows:
1. Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection, safety rating
and monitoring system. [Such] UNDER SUCH PROGRAM, THE COMMISSIONER MAY
REQUIRE PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS AS DEEMED NECES-
SARY TO MAINTAIN THE SAFETY OF SCHOOL BUILDINGS AND THE WELFARE OF THE
OCCUPANTS, AND SUCH program shall establish a safety rating system for
such school buildings to assess the need for maintenance, repairs, reha-
bilitation, reconstruction, construction and other improvements related
to the structural integrity and overall safety of public school build-
ings including but not limited to building systems related to elec-
trical, plumbing, heating, ventilation, and air conditioning, sanitation
and health, fire and accident protection; and require that such ratings
be used for the purpose of developing a buildings condition survey as
required pursuant to subdivision four of section thirty-six hundred
forty-one of this chapter and a five year facilities plan as required
pursuant to clause (i) of subparagraph two of paragraph b of subdivision
six of section thirty-six hundred two of this chapter.
§ 24. Subdivision 1 of section 409-d of the education law, as added by
section 1 of part B of chapter 56 of the laws of 1998, is amended to
read as follows:
1. Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection, safety rating
and monitoring system. [Such program shall require the annual inspection
of all public school buildings throughout New York state;] UNDER SUCH
PROGRAM, THE COMMISSIONER MAY REQUIRE PERIODIC INSPECTIONS OF PUBLIC
SCHOOL BUILDINGS AS DEEMED NECESSARY TO MAINTAIN THE SAFETY OF SCHOOL
BUILDINGS AND THE WELFARE OF THE OCCUPANTS, AND SUCH PROGRAM SHALL
establish a safety rating system for such school buildings to assess the
need for maintenance, repairs, rehabilitation, reconstruction,
construction and other improvements related to the structural integrity
and overall safety of public school buildings including but not limited
to building systems related to electrical, plumbing, heating, venti-
lation, and air conditioning, sanitation and health, fire and accident
protection; and require that such ratings be used for the purpose of
developing a buildings condition survey as required pursuant to subdivi-
sion four of section thirty-six hundred forty-one of this chapter and a
five year facilities plan as required pursuant to clause (i) of subpara-
graph two of paragraph b of subdivision six of section thirty-six
hundred two of this chapter.
§ 25. Section 3 of chapter 437 of the laws of 2014 amending the educa-
tion law relating to removing the requirements for annual visual
inspections of school buildings, is amended to read as follows:
§ 3. This act shall take effect immediately, provided however, that
the provisions of section one of this act shall expire and be deemed
repealed June 30, [2019] 2023.
§ 26. Section 3602 of the education law is amended by adding a new
subdivision 6-j to read as follows:
6-J. BUILDING AID FOR APPROVED EXPENDITURES FOR DEBT SERVICE FOR TAX
CERTIORARI FINANCING. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A
S. 1506--B 42
SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, BEGINNING
WITH DEBT SERVICE IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER IS HEREBY AUTHORIZED TO
APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID PURSUANT TO
THIS SUBDIVISION FOR ITS APPROVED DEBT SERVICE EXPENDITURES FOR FINANC-
ING THE COST OF A TAX CERTIORARI, WHERE THE TOTAL VALUE OF THE BOND
EXCEEDS THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR
THE YEAR PRIOR TO THE YEAR IN WHICH THE SCHOOL DISTRICT FIRST RECEIVES
BOND PROCEEDS. IN ORDER TO HAVE SUCH DEBT SERVICE EXPENDITURES APPROVED,
THE SCHOOL DISTRICT SHALL SUBMIT TO THE COMMISSIONER, IN A FORM HE OR
SHE PRESCRIBES, DOCUMENTATION RELATING TO THE ISSUANCE OF SUCH BOND,
INCLUDING BUT NOT LIMITED TO THE ORIGINAL TAX CERTIORARI, THE AMORTI-
ZATION SCHEDULE OF SUCH BOND, AND ANY OTHER DOCUMENTATION DEEMED NECES-
SARY. PROVIDED, HOWEVER, THAT IN THE EVENT IT REFUNDS THE ORIGINAL BOND
AT ANY POINT, THE SCHOOL DISTRICT SHALL PROVIDE SUCH UPDATED DOCUMENTA-
TION AS REQUIRED BY THE COMMISSIONER, WHO SHALL ADJUST THE ANNUAL
APPROVED EXPENDITURES ACCORDINGLY. SUCH AID SHALL EQUAL THE PRODUCT OF
THE SUM OF (1) THE BUILDING AID RATIO DEFINED PURSUANT TO PARAGRAPH C OF
SUBDIVISION SIX OF THIS SECTION PLUS (2) ONE-TENTH (0.1) MULTIPLIED BY
THE ACTUAL APPROVED DEBT SERVICE EXPENDITURES INCURRED IN THE BASE YEAR
PURSUANT TO THIS SUBDIVISION.
§ 27. This act shall take effect immediately; provided that:
(a) the amendments to subdivision 1 of section 2856 of the education
law made by section eleven of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section twelve of this act shall take
effect;
(b) the amendments to subdivision 1 of section 409-d of the education
law made by section twenty-three of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 3 of
chapter 437 of the laws of 2014, as amended, when upon such date the
provisions of section twenty-four of this act shall take effect; and
(c) sections one, one-a, one-b, one-c, one-d, one-e, and twenty-two of
this act shall take effect on July 1, 2019.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART B
Section 1. Section 7408 of the education law is amended by adding a
new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI-
CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW SHALL BE DEEMED ELIGIBLE TO REGISTER PURSUANT TO
THIS SECTION.
§ 2. Section 1503 of the business corporation law is amended by adding
a new paragraph (h) to read as follows:
(H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE
S. 1506--B 43
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE
OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC
ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE
EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM
AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
REGENTS. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM
INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH
NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION
SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF
THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,
"ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF
THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPO-
RATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE
WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED
BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
§ 3. Section 1507 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH
SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN
ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A
PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE
ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC
ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS.
NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A
VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION,
THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER
SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN
VIOLATION OF THIS SECTION SHALL BE VOID.
§ 4. Section 1508 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
(C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION
S. 1506--B 44
PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE
DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A
PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE
EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
THEIR PROFESSIONS IN SUCH CORPORATION.
§ 5. Section 1509 of the business corporation law, as amended by chap-
ter 550 of the laws of 2011, is amended to read as follows:
§ 1509. Disqualification of shareholders, directors, officers and
employees.
If any shareholder, director, officer or employee of a professional
service corporation, including a design professional service corpo-
ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT-
ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering
professional service to the public becomes legally disqualified to prac-
tice his profession within this state, he shall sever all employment
with, and financial interests (other than interests as a creditor) in,
such corporation forthwith or as otherwise provided in section 1510 of
this article. All provisions of law regulating the rendering of profes-
sional services by a person elected or appointed to a public office
shall be applicable to a shareholder, director, officer and employee of
such corporation in the same manner and to the same extent as if fully
set forth herein. Such legal disqualification to practice his profession
within this state shall be deemed to constitute an irrevocable offer by
the disqualified shareholder to sell his shares to the corporation,
pursuant to the provisions of section 1510 of this article or of the
certificate of incorporation, by-laws or agreement among the corporation
and all shareholders, whichever is applicable. Compliance with the terms
of such offer shall be specifically enforceable in the courts of this
state. A professional service corporation's failure to enforce compli-
ance with this provision shall constitute a ground for forfeiture of its
certificate of incorporation and its dissolution.
§ 6. Paragraph (a) of section 1511 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended and a new para-
graph (c) is added to read as follows:
(a) No shareholder of a professional service corporation [or], INCLUD-
ING a design professional service corporation, OR ANY FIRM ESTABLISHED
FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE
CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE
OF THIS ARTICLE, may sell or transfer his shares in such corporation
except to another individual who is eligible to have shares issued to
him by such corporation or except in trust to another individual who
would be eligible to receive shares if he were employed by the corpo-
ration. Nothing herein contained shall be construed to prohibit the
transfer of shares by operation of law or by court decree. No transfer-
ee of shares by operation of law or court decree may vote the shares for
any purpose whatsoever except with respect to corporate action under
sections 909 and 1001 of this chapter. The restriction in the preceding
sentence shall not apply, however, where such transferee would be eligi-
ble to have shares issued to him if he were an employee of the corpo-
ration and, if there are other shareholders, a majority of such other
shareholders shall fail to redeem the shares so transferred, pursuant to
S. 1506--B 45
section 1510 of this article, within sixty days of receiving written
notice of such transfer. Any sale or transfer, except by operation of
law or court decree or except for a corporation having only one share-
holder, may be made only after the same shall have been approved by the
board of directors, or at a shareholders' meeting specially called for
such purpose by such proportion, not less than a majority, of the
outstanding shares as may be provided in the certificate of incorpo-
ration or in the by-laws of such professional service corporation. At
such shareholders' meeting the shares held by the shareholder proposing
to sell or transfer his shares may not be voted or counted for any
purpose, unless all shareholders consent that such shares be voted or
counted. The certificate of incorporation or the by-laws of the profes-
sional service corporation, or the professional service corporation and
the shareholders by private agreement, may provide, in lieu of or in
addition to the foregoing provisions, for the alienation of shares and
may require the redemption or purchase of such shares by such corpo-
ration at prices and in a manner specifically set forth therein. The
existence of the restrictions on the sale or transfer of shares, as
contained in this article and, if applicable, in the certificate of
incorporation, by-laws, stock purchase or stock redemption agreement,
shall be noted conspicuously on the face or back of every certificate
for shares issued by a professional service corporation. Any sale or
transfer in violation of such restrictions shall be void.
(C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE
SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
THIS ARTICLE.
§ 7. Paragraph (a) of section 1512 of the business corporation law, as
amended by chapter 550 of the laws of 2011, is amended to read as
follows:
(a) Notwithstanding any other provision of law, the name of a profes-
sional service corporation, including a design professional service
corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word
which, at the time of incorporation, could be used in the name of a
partnership practicing a profession which the corporation is authorized
to practice, and may not contain any word which could not be used by
such a partnership. Provided, however, the name of a professional
service corporation may not contain the name of a deceased person unless
(1) such person's name was part of the corporate name at the time of
such person's death; or
(2) such person's name was part of the name of an existing partnership
and at least two-thirds of such partnership's partners become sharehold-
ers of the corporation.
§ 8. Section 1514 of the business corporation law is amended by adding
a new paragraph (c) to read as follows:
S. 1506--B 46
(C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY,
FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND
RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES
OVER THE ENTIRE THREE YEAR PERIOD THAT:
(I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
(II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
FIED PUBLIC ACCOUNTANTS,
(IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC
ACCOUNTANTS.
THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY
ASSISTANT SECRETARY OF THE CORPORATION.
§ 9. Paragraph (d) of section 1525 of the business corporation law, as
added by chapter 505 of the laws of 1983, is amended to read as follows:
(d) "Foreign professional service corporation" means a professional
service corporation, whether or not denominated as such, organized under
the laws of a jurisdiction other than this state, all of the sharehold-
ers, directors and officers of which are authorized and licensed to
practice the profession for which such corporation is licensed to do
business; except that all shareholders, directors and officers of a
foreign professional service corporation which provides health services
in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR
EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR-
ITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR
HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED
UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH
FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST
COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS. NOTWITH-
STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT
HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI-
FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
OPERATING UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES,
PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY
THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,
"ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
S. 1506--B 47
WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF
THE FIRM.
§ 10. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO
PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE
LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil-
ity partnership formed to provide professional engineering, land survey-
ing, geological services, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions in this state. Each partner of a registered limited
liability partnership formed to provide licensed clinical social work
services in this state must be licensed pursuant to article 154 of the
education law to practice clinical social work in this state. Each part-
ner of a registered limited liability partnership formed to provide
creative arts therapy services in this state must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. Each partner of a registered limited liability partnership
formed to provide marriage and family therapy services in this state
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. Each partner of a regis-
tered limited liability partnership formed to provide mental health
counseling services in this state must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. Each partner of a registered limited liability partnership formed
to provide psychoanalysis services in this state must be licensed pursu-
ant to article 163 of the education law to practice psychoanalysis in
this state. Each partner of a registered limited liability partnership
formed to provide applied behavior analysis service in this state must
be licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO
LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
S. 1506--B 48
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-
LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 11. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. EACH PARTNER OF A FOREIGN
REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC
ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
THIS STATE. Each partner of a foreign limited liability partnership
which provides licensed clinical social work services in this state must
be licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. Each partner of a foreign
limited liability partnership which provides creative arts therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice creative arts therapy in this state. Each
partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. Each partner of
a foreign limited liability partnership which provides applied behavior
analysis services in this state must be licensed or certified pursuant
to article 167 of the education law to practice applied behavior analy-
sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A
S. 1506--B 49
FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE
PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1)
THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINAN-
CIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING
RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENCE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH
NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION
SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT
NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 12. Subdivision (h) of section 121-101 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(h) "Limited partnership" and "domestic limited partnership" mean,
unless the context otherwise requires, a partnership (i) formed by two
or more persons pursuant to this article or which complies with subdivi-
sion (a) of section 121-1202 of this article and (ii) having one or more
general partners and one or more limited partners. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR
ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
"CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
(2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
S. 1506--B 50
BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
NESS OR MANAGEMENT OF THE FIRM.
§ 13. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH
MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
S. 1506--B 51
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state.
NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF
PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE
FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC
ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION
7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER
SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH
NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 14. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
S. 1506--B 52
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
S. 1506--B 53
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE
EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE
FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A
NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED
TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO
ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS
AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
§ 15. This act shall take effect immediately.
PART C
Section 1. Section 1604 of the education law is amended by adding a
new subdivision 43 to read as follows:
43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ-
ING THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED
EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY
ALSO ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION,
ADMINISTRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH
CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU-
ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW,
PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTE-
NANCE, OR ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL BE CONSID-
ERED AN AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-
THREE-A OF THIS CHAPTER.
§ 2. Section 1709 of the education law is amended by adding a new
subdivision 43 to read as follows:
43. TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD, AUTHORIZING
THE USE OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGH-
S. 1506--B 54
TEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE BOARD MAY ALSO
ENTER INTO CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINIS-
TRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH CAMERAS,
AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED
THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTENANCE, OR
ANY OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL BE CONSIDERED AN
AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF
THIS CHAPTER.
§ 2-a. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended to read
as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, [and] (ix) THE PURCHASE OF SCHOOL
BUS CAMERAS, AND (X) the purchase of other equipment as prescribed in
the regulations of the commissioner; and
§ 3. The vehicle and traffic law is amended by adding a new section
1118 to read as follows:
§ 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A
SCHOOL BUS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH
BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED
AND EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL BUS
SAFETY CAMERA PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER A BOARD
OF EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR
THAT HAS CONTRACTED WITH SUCH SCHOOL DISTRICT TO INSTALL SCHOOL BUS
SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR CONTRACTED WITH SUCH
DISTRICT.
2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS SAFETY
CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE
CONTENTS OF A VEHICLE, PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A
REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED
OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN
VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM
A SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
S. 1506--B 55
OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION
OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITORING
DEVICE AFFIXED TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT
AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT OVER-
TAKE OR PASS SCHOOL BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
(D) NO SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT
HAS INSTALLED CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES
FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE
APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING
AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES FROM SUCH
CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN
WHICH THE VIOLATION OCCURRED FOR THE PURPOSE OF IMPOSING MONETARY
LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR
PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE. AFTER RECEIPT OF SUCH IMAGES A
POLICE OFFICER SHALL INSPECT SUCH VIDEOTAPE AND IMAGES TO DETERMINE
WHETHER A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN-
TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A CERTIFICATE,
SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION.
(E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION OF
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE
SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS.
(E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY SUBDIVISION (E) OF
THIS SECTION SHALL BE PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN
SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING INTO A MEMORANDUM OF
UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF
SUCH PENALTY RECEIVED TO THE LOCAL LAW ENFORCEMENT AGENCY, PROVIDED
HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW ENFORCE-
MENT AGENCY EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL
DISTRICT.
(F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED
A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE
COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY THE RESPECTIVE LAW
ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE
LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION. PERSONAL
DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC
RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO
THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
S. 1506--B 56
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC-
TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION WHERE
THE VIOLATION OCCURRED.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
ANY CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE TRIBUNAL
TO HEAR AND DETERMINE OWNER LIABILITY ESTABLISHED BY THIS ARTICLE FOR
FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU-
NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION THAT
THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME
THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR
PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL
BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU,
COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
(J) WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSUANT
TO THIS SECTION IS BY AN ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS
BUREAU, OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A
VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVI-
SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE,
PROVIDED THAT HE OR SHE SENDS TO THE ADMINISTRATIVE TRIBUNAL, TRAFFIC
VIOLATIONS BUREAU, OR COURT HAVING JURISDICTION A COPY OF THE RENTAL,
LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI-
BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER
INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO
SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL
RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION.
WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE
LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO
BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS
SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
S. 1506--B 57
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE
BEEN OVERTAKING OR PASSING A SCHOOL BUS. FOR PURPOSES OF THIS SUBDIVI-
SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS
OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH
OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
(M) IN ANY SCHOOL DISTRICT WHICH ADOPTS A SCHOOL BUS SAFETY CAMERA
PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH SCHOOL
DISTRICT SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF ITS
SCHOOL BUS SAFETY CAMERAS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
1. A DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE SCHOOL BUS
SAFETY CAMERAS WERE USED;
2. THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE
DISTRICT;
3. THE NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY CAMERAS IN
THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS;
4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
7. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL DISTRICT FROM
SUCH ADJUDICATIONS;
8. EXPENSES INCURRED BY SUCH SCHOOL DISTRICT IN CONNECTION WITH THE
PROGRAM; AND
9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE THAT
SUCH SCHOOL BUS SAFETY CAMERAS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
§ 4. Subdivision (c) of section 1174 of the vehicle and traffic law,
as amended by chapter 254 of the laws of 2002, is amended to read as
follows:
(c) Every person convicted of a violation of subdivision (a) of this
section shall: for a first conviction thereof, be punished by a fine of
not less than [two hundred fifty] FIVE HUNDRED dollars nor more than
[four] SEVEN hundred FIFTY dollars or by imprisonment for not more than
thirty days or by both such fine and imprisonment; for a conviction of a
second violation, both of which were committed within a period of three
years, such person shall be punished by a fine of not less than [six
hundred] ONE THOUSAND dollars nor more than [seven] ONE THOUSAND TWO
hundred fifty dollars or by imprisonment for not more than one hundred
S. 1506--B 58
eighty days or by both such fine and imprisonment; upon a conviction of
a third or subsequent violation, all of which were committed within a
period of three years, such person shall be punished by a fine of not
less than [seven hundred fifty] ONE THOUSAND TWO HUNDRED FIFTY dollars
nor more than one thousand FIVE HUNDRED dollars or by imprisonment for
not more than one hundred eighty days or by both such fine and imprison-
ment.
§ 5. This act shall take effect immediately.
PART D
Intentionally Omitted
PART E
Intentionally Omitted
PART F
Section 1. Section 97-z of the state finance law, as added by chapter
625 of the laws of 1987, subdivision 3 as amended by chapter 83 of the
laws of 1995, is amended to read as follows:
§ 97-z. Arts capital [revolving] GRANTS fund. 1. A special fund to be
known as the "arts capital [revolving] GRANTS fund" is hereby estab-
lished in the custody of the state comptroller and the commissioner of
taxation and finance.
2. The fund shall consist of all monies appropriated for its purpose,
all monies transferred to such fund pursuant to law, all monies required
by this section or any other provision of law to be paid into or credit-
ed to the fund[, including payments of principal of and interest on
loans made from the fund] and any interest earnings which may accrue
from the investment of monies in the fund. Nothing contained herein
shall prevent the New York state council on the arts from receiving
grants, gifts or bequests for the purposes of the fund as defined in
this section and depositing them into the fund according to law.
3. Monies of the fund, when allocated, shall be available for adminis-
trative costs of the council and to make [loans] GRANTS to eligible
not-for-profit arts organizations as provided in section 3.07 of the
arts and cultural affairs law [and to pay the reasonable administrative
costs of the dormitory authority incurred in monitoring construction on
eligible projects and costs associated with contracts with outside enti-
ties to disburse loans and receive payments on such loans, as provided
in such section].
4. Monies shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the chairman of
the New York state council on the arts.
§ 2. This act shall take effect immediately.
PART G
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $8,479,000 for the fiscal year
ending March 31, 2020. 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
S. 1506--B 59
authorize the transfer to the housing trust fund corporation, for the
purposes of reimbursing any costs associated with neighborhood preserva-
tion program contracts authorized by this section, a total sum not to
exceed $8,479,000, 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 2018-2019 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, 2019.
§ 2. 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 $3,539,000 for the fiscal year ending March
31, 2020. 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
$3,539,000, 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
2018-2019 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,
2019.
§ 3. This act shall take effect immediately.
PART H
Intentionally Omitted
PART I
Section 1. Subdivision 1 of section 378-a of the social services law,
as amended by chapter 83 of the laws of 2013, is amended to read as
follows:
1. (A) Every authorized agency which operates a residential program
for children licensed or certified by the office of children and family
services, and the office of children and family services in relation to
any juvenile justice program it operates, shall request that the justice
center for the protection of people with special needs check, and upon
S. 1506--B 60
such request, such justice center shall request and shall be authorized
to receive from the division of criminal justice services and the feder-
al bureau of investigation 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 operator,
employee or volunteer of such a residential program who will have regu-
lar and substantial unsupervised or unrestricted physical contact with
children in such program.
(B) EVERY AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM FOR
FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL REQUEST THAT THE JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS CHECK, AND UPON SUCH REQUEST,
SUCH JUSTICE CENTER SHALL REQUEST AND SHALL BE AUTHORIZED TO RECEIVE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF
INVESTIGATION CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF THE SECTION EIGHT HUNDRED FORTY-
FIVE-B OF THE EXECUTIVE LAW, FOR EVERY:
(I) PROSPECTIVE EMPLOYEE OF SUCH PROGRAM THAT IS NOT ALREADY REQUIRED
TO BE CLEARED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR
TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE
DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY PERSON WHO
IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT PREVIOUSLY
HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SECTION IN CONNECTION TO SUCH
EMPLOYMENT.
(C) For the purposes of this section, "operator" shall include any
natural person with an ownership interest in the authorized agency.
(D) Access to and the use of [such] information OBTAINED PURSUANT TO
THIS SUBDIVISION shall be governed by the provisions of section eight
hundred forty-five-b of the executive law.
§ 2. Paragraph A of subdivision 4 of section 422 of the social
services law, is amended by adding a new subparagraph (bb) to read as
follows:
(BB) AN ENTITY WITH APPROPRIATE LEGAL AUTHORITY IN ANOTHER STATE TO
LICENSE, CERTIFY OR OTHERWISE APPROVE RESIDENTIAL PROGRAMS FOR FOSTER
CHILDREN WHERE DISCLOSURE OF INFORMATION REGARDING ANY PROSPECTIVE OR
CURRENT EMPLOYEE OF SUCH PROGRAM IS REQUIRED BY PARAGRAPH TWENTY OF
SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO OF
THE UNITED STATES CODE.
§ 3. Subparagraph (i) of paragraph (b) of subdivision 1 of section
424-a of the social services law, as amended by section 8-a of part D of
chapter 501 of the laws of 2012, is amended to read as follows:
(i) (A) Subject to the provisions of subdivision seven of this
section, a provider agency shall inquire of the office and the office
shall, subject to the provisions of paragraph (e) of this subdivision,
inform such agency and the subject of the inquiry whether any person who
is actively being considered for employment and who will have the poten-
tial for regular and substantial contact with individuals who are cared
for by the agency, is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment prior to permitting such person to have unsuper-
vised contact with such individuals. Such agency may inquire of the
office and the office shall inform such agency and the subject of the
inquiry whether any person who is currently employed and who has the
potential for regular and substantial contact with individuals who are
cared for by such agency is the subject of an indicated child abuse and
S. 1506--B 61
maltreatment report on file with the statewide central register of child
abuse and maltreatment. A provider agency shall also inquire of the
office and the office shall inform such agency and the subject of the
inquiry whether any person who is employed by an individual, corpo-
ration, partnership or association which provides goods or services to
such agency who has the potential for regular and substantial contact
with individuals who are cared for by the agency, is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment prior to permitting
such person to have unsupervised contact with such individuals.
Inquiries made to the office pursuant to this subparagraph by a provider
agency on current employees shall be made no more often than once in any
six month period.
(B) NOTWITHSTANDING CLAUSE (A) OF THIS SUBPARAGRAPH, WHERE THE PROVID-
ER AGENCY IS AN AUTHORIZED AGENCY THAT OPERATES A RESIDENTIAL PROGRAM
FOR FOSTER CHILDREN THAT IS LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES SUCH AGENCY SHALL INQUIRE OF THE OFFICE AND THE
OFFICE SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDI-
VISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER:
(I) ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT IN SUCH
PROGRAM WHO IS NOT ALREADY REQUIRED TO BE CLEARED PURSUANT TO CLAUSE (A)
OF THIS SUBPARAGRAPH IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND
MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD
ABUSE AND MALTREATMENT; AND
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRIOR
TO APRIL FIRST, TWO THOUSAND TWENTY AND IN ACCORDANCE WITH A SCHEDULE
DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHETHER ANY
PERSON WHO IS EMPLOYED IN A RESIDENTIAL FOSTER CARE PROGRAM THAT HAS NOT
PREVIOUSLY HAD A CLEARANCE CONDUCTED PURSUANT TO THIS SUBPARAGRAPH IN
CONNECTION TO SUCH EMPLOYMENT IS THE SUBJECT OF AN INDICATED CHILD ABUSE
AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF
CHILD ABUSE AND MALTREATMENT.
§ 4. This act shall take effect July 1, 2019.
PART J
Section 1. The section heading and the opening paragraph of subdivi-
sion 1 of section 131-u of the social services law, as amended by chap-
ter 169 of the laws of 1994, is amended to read as follows:
Domestic violence services [to eligible persons].
Notwithstanding any inconsistent provision of law, a social services
district shall, in accordance with the provisions of this section and
regulations of the department, offer and provide emergency shelter and
services at a residential program for victims of domestic violence, as
defined in article six-A of this chapter, to the extent that such shel-
ter and services are necessary and available to a victim of domestic
violence, as defined in article six-A of this chapter, and in need of
emergency shelter and services, who was residing in the social services
district at the time of the alleged domestic violence [and who:].
§ 2. Paragraphs (a) and (b) of subdivision 1 of section 131-u of the
social services law are REPEALED.
§ 3. Subdivision 2 of section 131-u of the social services law, as
amended by chapter 169 of the laws of 1994, is amended to read as
follows:
2. The department [shall] MAY annually establish, subject to the
approval of the director of the budget, a daily rate of reimbursement
S. 1506--B 62
for each residential program for victims of domestic violence, as
defined in article six-A of this chapter, certified by the department
which provides emergency shelter and services to persons eligible for
such emergency shelter and services pursuant to this section. A social
services district financially responsible for a victim of domestic
violence shall reimburse a residential program for victims of domestic
violence for the costs of emergency shelter and services provided to
such victim at the daily reimbursement rate established by the depart-
ment reduced by [the sum of all fees which such victim is able to pay
toward the costs of such shelter and services as determined in accord-
ance with the public assistance budgeting rules set forth in the regu-
lations of the department and by] any [third party] OTHER reimbursement
available for such costs.
§ 4. Section 459-f of the social services law, as amended by chapter
169 of the laws of 1994, is amended to read as follows:
§ 459-f. [Fees] PAYMENT for services. [Any program defined in subdivi-
sion four of section four hundred fifty-nine-a of this article may
charge a service fee to a victim of domestic violence who is able to pay
all or part of the costs of the emergency shelter and services provided
to the victim.] Payments by a social services district to a residential
program for victims of domestic violence for the costs of emergency
shelter and services provided to a victim of domestic violence at the
daily reimbursement rate determined by the department in accordance with
section one hundred thirty-one-u of this chapter shall be reduced by the
sum of [all fees which such victim is able to pay toward the costs of
such shelter and services as determined in accordance with the public
assistance budgeting rules set forth in the regulations of the depart-
ment and by] any [third party] OTHER reimbursement available for such
costs.
§ 5. This act shall take effect April 1, 2019.
PART K
Section 1. 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 chap-
ter 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 subdivi-
sions (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.
S. 1506--B 63
(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
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.
S. 1506--B 64
[(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.
§ 2. The part heading of part 2 of article 7 of the family court act
is amended to read as follows:
CUSTODY [AND DETENTION]
§ 3. 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
educational setting of such person and the proximity of such setting to
the location of the detention setting.
4. Whenever detention is authorized and ordered pursuant to this arti-
cle, for a person alleged to be or adjudicated as a person in need of
supervision, a family court in a city having a population of one million
or more shall, notwithstanding any other provision of law, direct
detention in a foster care facility established and maintained pursuant
to the social services law. In all other respects, the detention of such
a person in a foster care facility shall be subject to the identical
terms and conditions for detention as are set forth in this article and
in section two hundred thirty-five of this act.
5. (a) The court shall not order or direct detention under this arti-
cle, unless the court determines that there is no substantial likelihood
that the youth and his or her family will continue to benefit from
diversion services and that all available alternatives to detention have
been exhausted; and
(b) Where the youth is sixteen years of age or older, the court shall
not order or direct detention under this article, unless the court
determines and states in its order that special circumstances exist to
warrant such detention.
(c) If the respondent may be a sexually exploited child as defined in
subdivision one of section four hundred forty-seven-a of the social
services law, the court may direct the respondent to an available short-
term safe house as defined in subdivision two of section four hundred
forty-seven-a of the social services law as an alternative to
detention.]
S. 1506--B 65
§ 4. Section 727 of the family court act is REPEALED.
§ 5. 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
seven hundred twenty-four (b)] PARAGRAPH (i) OF SUBDIVISION (B) OF
SECTION SEVEN HUNDRED TWENTY-FOUR OF THIS ARTICLE.
[(d) Upon a finding of facts and reasons which support a detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
(i) that there is no substantial likelihood that the youth and his or
her family will continue to benefit from diversion services and that all
available alternatives to detention have been exhausted; and
(ii) whether continuation of the child in the child's home would be
contrary to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the time of the
hearing held in accordance with this section; and
(iii) where appropriate, whether reasonable efforts were made prior to
the date of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his or her
home or, if the child had been removed from his or her home prior to the
court appearance pursuant to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
(iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or adjudicated
as a person in need of supervision lives with such person's parents or
to which such person will be discharged, and the existing educational
setting of such person and the proximity of such setting to the location
of the detention setting.]
§ 6. Section 729 of the family court act is REPEALED.
§ 7. Subdivisions (b) and (f) of section 735 of the family court act,
subdivision (b) as amended by chapter 38 of the laws of 2014 and subdi-
vision (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) [determine whether alternatives to detention are appropriate to
avoid remand of the youth to detention] ASSESS WHETHER THE YOUTH IS A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SECTION FOUR HUNDRED FORTY-SEV-
S. 1506--B 66
EN-A OF THE SOCIAL SERVICES LAW AND, IF SO, WHETHER SUCH YOUTH SHOULD BE
REFERRED TO A SAFE HOUSE; and
(v) determine whether an assessment of the youth for substance use
disorder by an office of alcoholism and substance abuse services certi-
fied 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.
(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.
§ 8. 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
S. 1506--B 67
(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].
§ 9. Intentionally omitted.
§ 10. Section 747 of the family court act is REPEALED.
§ 11. Section 748 of the family court act is REPEALED.
§ 12. 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.
§ 13. 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.]
§ 14. Subdivisions (b) and (c) of section 756 of the family court act,
subdivision (b) as amended by chapter 7 of the laws of 1999, and subdi-
vision (c) as amended by section 10 of part E of chapter 57 of the laws
of 2005, are amended to read as follows:
(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 OF THIS PART in conjunction with an order of
placement. For the purposes of calculating the initial period of place-
S. 1506--B 68
ment, 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.]
§ 15. Subdivision 1 of section 758-a of the family court act, as
amended by chapter 4 of the laws of 1987, and paragraph (b) as amended
by chapter 575 of the laws of 2007, is amended to read as follows:
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.
§ 16. 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 OF THIS PART, the court may proceed
under sections seven hundred thirty-seven, seven hundred thirty-eight or
seven hundred thirty-nine OF THIS ARTICLE 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.
§ 17. Subdivisions 11 and 12 of section 398 of the social services
law, subdivision 11 as added by chapter 514 of the laws of 1976 and
S. 1506--B 69
subdivision 12 as amended by section 12 of subpart B of part Q of chap-
ter 58 of the laws of 2011, are amended to read as follows:
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.
§ 18. Intentionally omitted.
§ 18-a. Intentionally omitted.
§ 19. Subdivision 3 of section 502 of the executive law, as amended by
section 79 of part WWW of chapter 59 of the laws of 2017, is 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, youthful offender or
adolescent 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, youthful offender or adolescent offender or held
pending a hearing on an extension of placement or held pending transfer
to a facility upon commitment or placement by a court. Only alleged or
convicted juvenile offenders, youthful offenders or adolescent offenders
who have not attained their eighteenth or, commencing October first, two
thousand eighteen, their twenty-first birthday shall be subject to
detention in a detention facility. Commencing October first, two thou-
sand eighteen, a youth who on or after such date committed an offense
when the youth was sixteen years of age; or commencing October first,
two thousand nineteen, a youth who committed an offense on or after such
date when the youth was seventeen years of age held pursuant to a secur-
ing order of a criminal court if the youth is charged as an adolescent
offender or held pending a hearing for alleged violation of the condi-
tion of parole as an adolescent offender, must be held in a specialized
secure juvenile detention facility for older youth certified by the
state office of children and family services in conjunction with the
state commission of correction.
§ 20. Subparagraph (i) of paragraph (a) of subdivision 3 of section
529-b of the executive law, as amended by section 99 of part WWW of
chapter 59 of the laws of 2017, is amended to read as follows:
(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;
S. 1506--B 70
§ 21. The opening paragraph and paragraph (a) of subdivision 2,
subparagraph 1 of paragraph (a) and paragraph (b) of subdivision 5, and
subdivision 7 of section 530 of the executive law, the opening paragraph
and paragraph (a) of subdivision 2 and subparagraph 1 of paragraph (a)
and paragraph (b) of subdivision 5 as amended by section 100 of part WWW
of chapter 59 of the laws of 2017 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 made by municipalities in providing care, maintenance and
supervision to youth in detention facilities designated pursuant to
[sections seven hundred twenty and] section 305.2 of the family court
act and certified by 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, youthful offenders and adolescent offenders, 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
AND CERTIFIED OR APPROVED FOSTER BOARDING HOMES, shall be subject to
state reimbursement for up to fifty percent of the municipality's
expenditures, exclusive of any federal funds made available for such
purposes, not to exceed the municipality's 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 assess-
ment instrument may be shared among law enforcement, probation, courts,
detention administrators, detention providers, and the attorney for the
child upon retention or appointment; solely for the purpose of accurate
completion of such risk assessment instrument, and a copy of the
completed detention risk assessment instrument shall be made available
to the applicable detention provider, the attorney for the child and the
court.
(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]
SECTION 305.2 of the family court act by the office of children and
family services, pending adjudication of alleged delinquency [or alleged
need of supervision] by the family court, or pending transfer to insti-
tutions to which committed or placed by such court or while awaiting
disposition by such court after adjudication or held pursuant to a
S. 1506--B 71
securing order of a criminal court if the person named therein as prin-
cipal is under seventeen years of age; or
(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]
SECTION 305.2 of the family court act, in order to assure that adequate
accommodations will be available for the immediate reception and proper
care therein of youth for which detention costs are reimbursable pursu-
ant to paragraph (a) of this subdivision, shall be reimbursed as expend-
itures for care, maintenance and supervision under the provisions of
this section, provided the office shall have given its prior approval
for reserving such accommodations.
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 electron-
ically. 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 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 compi-
lation of all the separate reports to the governor and the legislature.
§ 22. Subdivision 8 of section 530 of the executive law is REPEALED.
§ 23. 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.
§ 24. 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.
PART L
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 YY of chapter 59 of the laws of 2018, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$144.00] $148.00 for each month beginning on or after
January first, two thousand [eighteen] NINETEEN.
S. 1506--B 72
(b) in the case of each individual receiving residential care, an
amount equal to at least [$166.00] $171.00 for each month beginning on
or after January first, two thousand [eighteen] NINETEEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$198.00] $204.00 for each month
beginning on or after January first, two thousand [eighteen] NINETEEN.
(d) for the period commencing January first, two thousand [nineteen]
TWENTY, 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 [nineteen] TWENTY, but prior to June thirtieth, two thousand
[nineteen] TWENTY, 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
YY of chapter 59 of the laws of 2018, are amended to read as follows:
(a) On and after January first, two thousand [eighteen] NINETEEN, for
an eligible individual living alone, [$837.00] $858.00; and for an
eligible couple living alone, [$1,229.00] $1,261.00.
(b) On and after January first, two thousand [eighteen] NINETEEN, for
an eligible individual living with others with or without in-kind
income, [$773.00] $794.00; and for an eligible couple living with others
with or without in-kind income, [$1,171.00] $1,203.00.
(c) On and after January first, two thousand [eighteen] NINETEEN, (i)
for an eligible individual receiving family care, [$1,016.48] $1,037.48
if he or she is receiving such care in the city of New York or the coun-
ty 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, [$978.48]
$999.48; 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 [eighteen] NINETEEN, (i)
for an eligible individual receiving residential care, [$1,185.00]
$1,206.00 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, [$1,155.00] $1,176.00; 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 [eighteen] NINETEEN
TO DECEMBER THIRTY-FIRST TWO THOUSAND NINETEEN, (1) for an eligible
individual receiving enhanced residential care, [$1,444.00] $1,465.00;
and [(ii)] (2) for an eligible couple receiving enhanced residential
care, two times the amount set forth in [subparagraph (i)] CLAUSE ONE of
this [paragraph] SUBPARAGRAPH; AND (II) (1) FROM JANUARY FIRST, TWO
THOUSAND TWENTY TO MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, FOR AN
S. 1506--B 73
ELIGIBLE INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE, $1,585.00; AND
(2) FOR AN ELIGIBLE COUPLE RECEIVING ENHANCED RESIDENTIAL CARE, TWO
TIMES THE AMOUNT SET FORTH IN CLAUSE ONE 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 [nineteen] TWENTY but
prior to June thirtieth, two thousand [nineteen] TWENTY.
§ 3. This act shall take effect December 31, 2019.
PART M
Section 1. This Part enacts into law major components of legislation
which are necessary to improve the foster care system. Each component is
wholly contained within a Subpart identified as Subparts A through B.
The effective date for each particular provision contained within such
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 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 Subpart in which it
is found. Section three of this Part sets forth the general effective
date of this Part.
SUBPART A
Intentionally omitted.
SUBPART B
Section 1. Section 4 of part W of chapter 54 of the laws of 2016,
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
further that this act shall expire and be deemed repealed March 31,
[2019] 2022.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart 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 subpart 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.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART N
Intentionally Omitted
S. 1506--B 74
PART O
Section 1. This Part enacts into law major components of legislation
which are necessary to improve employee rights. Each component is wholly
contained within a Subpart identified as Subparts A through B. The
effective date for each particular provision contained within such
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 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 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 2 of the lien law is amended by adding three new
subdivisions 21, 22 and 23 to read as follows:
21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
23. WAGE CLAIM. THE TERM "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE
HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED NINETY-THREE, ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED
BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN
EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A
CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. § 206 OR
207.
§ 2. Section 3 of the lien law, as amended by chapter 137 of the laws
of 1985, is amended to read as follows:
§ 3. Mechanic's lien AND EMPLOYEE'S LIEN on [real] property. 1.
MECHANIC'S LIEN. A contractor, subcontractor, laborer, materialman,
landscape gardener, nurseryman or person or corporation selling fruit or
ornamental trees, roses, shrubbery, vines and small fruits, who performs
labor or furnishes materials for the improvement of real property with
the consent or at the request of the owner thereof, or of his agent,
contractor or subcontractor, and any trust fund to which benefits and
wage supplements are due or payable for the benefit of such laborers,
shall have a lien for the principal and interest, of the value, or the
agreed price, of such labor, including benefits and wage supplements due
or payable for the benefit of any laborer, or materials upon the real
property improved or to be improved and upon such improvement, from the
time of filing a notice of such lien as prescribed in this chapter.
Where the contract for an improvement is made with a husband or wife and
the property belongs to the other or both, the husband or wife contract-
ing shall also be presumed to be the agent of the other, unless such
other having knowledge of the improvement shall, within ten days after
learning of the contract give the contractor written notice of his or
her refusal to consent to the improvement. Within the meaning of the
S. 1506--B 75
provisions of this chapter, materials actually manufactured for but not
delivered to the real property, shall also be deemed to be materials
furnished.
2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT TERM IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
HAVE A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE VALUE
OF THE WAGE CLAIM ARISING OUT OF THE EMPLOYMENT, INCLUDING LIQUIDATED
DAMAGES PURSUANT TO SUBDIVISION ONE-A OF SECTION ONE HUNDRED NINETY-
EIGHT, SECTION SIX HUNDRED SIXTY-THREE OR SECTION SIX HUNDRED EIGHTY-ONE
OF THE LABOR LAW, OR 29 U.S.C. § 216 (B), FROM THE TIME OF FILING A
NOTICE OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S LIEN
BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTEREST IN REAL
PROPERTY AND AGAINST THE EMPLOYER'S INTEREST IN PERSONAL PROPERTY THAT
CAN BE SUFFICIENTLY DESCRIBED WITHIN THE MEANING OF SECTION 9-108 OF THE
UNIFORM COMMERCIAL CODE, EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND
TO DEPOSIT ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102
OF THE UNIFORM COMMERCIAL CODE. THE DEPARTMENT OF LABOR AND THE ATTOR-
NEY GENERAL MAY OBTAIN AN EMPLOYEE'S LIEN FOR THE VALUE OF WAGE CLAIMS
OF THE EMPLOYEES WHO ARE THE SUBJECT OF THEIR INVESTIGATIONS, COURT
ACTIONS OR ADMINISTRATIVE AGENCY ACTIONS.
3. AS USED IN THIS ARTICLE AND UNLESS OTHERWISE SPECIFIED, A LIEN
SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN.
§ 3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1
as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
by chapter 704 of the laws of 1985, are amended to read as follows:
(1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
REAL PROPERTY shall extend to the owner's right, title or interest in
the real property and improvements, existing at the time of filing the
notice of lien, or thereafter acquired, except as hereinafter in this
article provided. If an owner assigns his interest in such real property
by a general assignment for the benefit of creditors, within thirty days
prior to such filing, the lien shall extend to the interest thus
assigned. If any part of the real property subjected to such lien be
removed by the owner or by any other person, at any time before the
discharge thereof, such removal shall not affect the rights of the
lienor, either in respect to the remaining real property, or the part so
removed. If labor is performed for, or materials furnished to, a
contractor or subcontractor for an improvement, the MECHANIC'S lien
shall not be for a sum greater than the sum earned and unpaid on the
contract at the time of filing the notice of lien, and any sum subse-
quently earned thereon. In no case shall the owner be liable to pay by
reason of all MECHANIC'S liens created pursuant to this article a sum
greater than the value or agreed price of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
(2) [Such] A MECHANIC'S OR EMPLOYEE'S lien shall not extend to the
owner's right, title or interest in real property and improvements,
existing at the time of filing the notice of lien if such lien arises
from the failure of a lessee of the right to explore, develop or produce
natural gas or oil, to pay for, compensate or render value for improve-
ments made with the consent or at the request of such lessee by a
contractor, subcontractor, materialman, equipment operator or owner,
landscaper, nurseryman, or person or corporation who performs labor or
furnishes materials for the exploration, development, or production of
oil or natural gas or otherwise improves such leased property. Such
MECHANIC'S OR EMPLOYEE'S lien shall extend to the improvements made for
S. 1506--B 76
the exploration, development and production of oil and natural gas, and
the working interest held by a lessee of the right to explore, develop
or produce oil and natural gas.
§ 4. The opening paragraph of section 4-a of the lien law, as amended
by chapter 696 of the laws of 1959, is amended to read as follows:
The proceeds of any insurance which by the terms of the policy are
payable to the owner of real property improved, and actually received or
to be received by him because of the destruction or removal by fire or
other casualty of an improvement on which lienors have performed labor
or services or for which they have furnished materials, OR UPON WHICH AN
EMPLOYEE HAS ESTABLISHED AN EMPLOYEE'S LIEN, shall after the owner has
been reimbursed therefrom for premiums paid by him, if any, for such
insurance, be subject to liens provided by this act to the same extent
and in the same order of priority as the real property would have been
had such improvement not been so destroyed or removed.
§ 5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
by chapter 515 of the laws of 1929, are amended to read as follows:
1. The name OF THE LIENOR, and EITHER THE residence of the lienor OR
THE NAME AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if
the lienor is a partnership or a corporation, the business address of
such firm, or corporation, the names of partners and principal place of
business, and if a foreign corporation, its principal place of business
within the state.
2. The name of the owner of the [real] property against whose interest
therein a lien is claimed, and the interest of the owner as far as known
to the lienor.
5. The amount unpaid to the lienor for such labor or materials, OR THE
AMOUNT OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT
OF THE LIEN, THE ITEMS OF THE WAGE CLAIM AND THE VALUE THEREOF WHICH
MAKE UP THE AMOUNT FOR WHICH THE LIENOR CLAIMS A LIEN.
§ 6. Subdivision 1 of section 10 of the lien law, as amended by chap-
ter 367 of the laws of 2011, is amended to read as follows:
1. (A) Notice of MECHANIC'S lien may be filed at any time during the
progress of the work and the furnishing of the materials, or, within
eight months after the completion of the contract, or the final perform-
ance of the work, or the final furnishing of the materials, dating from
the last item of work performed or materials furnished; provided, howev-
er, that where the improvement is related to real property improved or
to be improved with a single family dwelling, the notice of MECHANIC'S
lien may be filed at any time during the progress of the work and the
furnishing of the materials, or, within four months after the completion
of the contract, or the final performance of the work, or the final
furnishing of the materials, dating from the last item of work performed
or materials furnished; and provided further where the notice of MECHAN-
IC'S lien is for retainage, the notice of MECHANIC'S lien may be filed
within ninety days after the date the retainage was due to be released;
except that in the case of a MECHANIC'S lien by a real estate broker,
the notice of MECHANIC'S lien may be filed only after the performance of
the brokerage services and execution of lease by both lessor and lessee
and only if a copy of the alleged written agreement of employment or
compensation is annexed to the notice of lien, provided that where the
payment pursuant to the written agreement of employment or compensation
is to be made in installments, then a notice of lien may be filed within
eight months after the final payment is due, but in no event later than
a date five years after the first payment was made. For purposes of this
section, the term "single family dwelling" shall not include a dwelling
S. 1506--B 77
unit which is a part of a subdivision that has been filed with a munici-
pality in which the subdivision is located when at the time the lien is
filed, such property in the subdivision is owned by the developer for
purposes other than his personal residence. For purposes of this
section, "developer" shall mean and include any private individual,
partnership, trust or corporation which improves two or more parcels of
real property with single family dwellings pursuant to a common scheme
or plan. [The]
(B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER THAN
THREE YEARS FOLLOWING THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
CLAIM.
(C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
be filed in the clerk's office of the county where the property is situ-
ated. If such property is situated in two or more counties, the notice
of lien shall be filed in the office of the clerk of each of such coun-
ties. The county clerk of each county shall provide and keep a book to
be called the "lien docket," which shall be suitably ruled in columns
headed "owners," "lienors," "lienor's attorney," "property," "amount,"
"time of filing," "proceedings had," in each of which he shall enter the
particulars of the notice, properly belonging therein. The date, hour
and minute of the filing of each notice of lien shall be entered in the
proper column. Except where the county clerk maintains a block index,
the names of the owners shall be arranged in such book in alphabetical
order. The validity of the lien and the right to file a notice thereof
shall not be affected by the death of the owner before notice of the
lien is filed. A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
FILED, TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
§ 7. Section 11 of the lien law, as amended by chapter 147 of the laws
of 1996, is amended to read as follows:
§ 11. Service of copy of notice of lien. 1. Within five days before
or thirty days after filing the notice of A MECHANIC'S lien, the lienor
shall serve a copy of such notice upon the owner, if a natural person,
(a) by delivering the same to him personally, or if the owner cannot be
found, to his agent or attorney, or (b) by leaving it at his last known
place of residence in the city or town in which the real property or
some part thereof is situated, with a person of suitable age and
discretion, or (c) by registered or certified mail addressed to his last
known place of residence, or (d) if such owner has no such residence in
such city or town, or cannot be found, and he has no agent or attorney,
by affixing a copy thereof conspicuously on such property, between the
hours of nine o'clock in the forenoon and four o'clock in the afternoon;
if the owner be a corporation, said service shall be made (i) by deliv-
ering such copy to and leaving the same with the president, vice-presi-
dent, secretary or clerk to the corporation, the cashier, treasurer or a
director or managing agent thereof, personally, within the state, or
(ii) if such officer cannot be found within the state by affixing a copy
thereof conspicuously on such property between the hours of nine o'clock
in the forenoon and four o'clock in the afternoon, or (iii) by regis-
tered or certified mail addressed to its last known place of business.
Failure to file proof of such a service with the county clerk within
thirty-five days after the notice of lien is filed shall terminate the
notice as a lien. Until service of the notice has been made, as above
provided, an owner, without knowledge of the lien, shall be protected in
any payment made in good faith to any contractor or other person claim-
ing a lien.
S. 1506--B 78
2. WITHIN FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF
AN EMPLOYEE'S LIEN, THE LIENOR SHALL SERVE A COPY OF SUCH NOTICE UPON
THE EMPLOYER, IF A NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM
PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT OR ATTOR-
NEY, OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR BUSI-
NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
OR CERTIFIED MAIL ADDRESSED TO HIS LAST KNOWN PLACE OF RESIDENCE OR
BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
THEREOF CONSPICUOUSLY ON SUCH PROPERTY, BETWEEN THE HOURS OF NINE
O'CLOCK IN THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. THE LIENOR
ALSO SHALL, WITHIN THIRTY DAYS AFTER FILING THE NOTICE OF EMPLOYEE'S
LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED
IN THE NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE O'CLOCK IN
THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. IF THE EMPLOYER BE A
CORPORATION, SAID SERVICE SHALL BE MADE (I) BY DELIVERING SUCH COPY TO
AND LEAVING THE SAME WITH THE PRESIDENT, VICE-PRESIDENT, SECRETARY OR
CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG-
ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER
CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS-
LY ON SUCH PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON
AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED OR CERTIFIED
MAIL ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY DELIVERY
TO THE SECRETARY OF THE DEPARTMENT OF STATE IN THE SAME MANNER AS
REQUIRED BY SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION THREE HUNDRED
SIX OF THE BUSINESS CORPORATION LAW. FAILURE TO FILE PROOF OF SUCH A
SERVICE WITH THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE NOTICE
OF LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE OF
THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
OTHER PERSON CLAIMING A LIEN.
§ 8. Section 11-b of the lien law, as amended by chapter 147 of the
laws of 1996, is amended to read as follows:
§ 11-b. Copy of notice of MECHANIC'S lien to a contractor or subcon-
tractor. Within five days before or thirty days after filing a notice
of MECHANIC'S lien in accordance with section ten of this chapter or the
filing of an amendment of notice of MECHANIC'S lien in accordance with
section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy
of such notice or amendment by certified mail on the contractor, subcon-
tractor, assignee or legal representative for whom he was employed or to
whom he furnished materials or if the lienor is a contractor or subcon-
tractor to the person, firm or corporation with whom the contract was
made. A lienor having a direct contractual relationship with a subcon-
tractor or a sub-subcontractor but not with a contractor shall also
serve a copy of such notice or amendment by certified mail to the
contractor. Failure to file proof of such a service with the county
clerk within thirty-five days after the notice of lien is filed shall
terminate the notice as a lien. Any lienor, or a person acting on behalf
of a lienor, who fails to serve a copy of the notice of MECHANIC'S lien
as required by this section shall be liable for reasonable attorney's
fees, costs and expenses, as determined by the court, incurred in
obtaining such copy.
§ 9. Subdivision 1 of section 12-a of the lien law, as amended by
chapter 1048 of the laws of 1971, is amended to read as follows:
1. Within sixty days after the original filing, a lienor may amend his
lien upon twenty days notice to existing lienors, mortgagees and the
owner, provided that no action or proceeding to enforce or cancel the
S. 1506--B 79
mechanics' lien OR EMPLOYEE'S LIEN has been brought in the interim,
where the purpose of the amendment is to reduce the amount of the lien,
except the question of wilful exaggeration shall survive such amendment.
§ 10. Subdivision 1 of section 13 of the lien law, as amended by chap-
ter 878 of the laws of 1947, is amended to read as follows:
(1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
performed in the improvement of real property, shall have priority over
a conveyance, mortgage, judgment or other claim against such property
not recorded, docketed or filed at the time of the filing of the notice
of such lien, except as hereinafter in this chapter provided; over
advances made upon any mortgage or other encumbrance thereon after such
filing, except as hereinafter in this article provided; and over the
claim of a creditor who has not furnished materials or performed labor
upon such property, if such property has been assigned by the owner by a
general assignment for the benefit of creditors, within thirty days
before the filing of either of such notices; and also over an attachment
hereafter issued or a money judgment hereafter recovered upon a claim,
which, in whole or in part, was not for materials furnished, labor
performed or moneys advanced for the improvement of such real property;
and over any claim or lien acquired in any proceedings upon such judg-
ment. Such liens shall also have priority over advances made upon a
contract by an owner for an improvement of real property which contains
an option to the contractor, his successor or assigns to purchase the
property, if such advances were made after the time when the labor began
or the first item of material was furnished, as stated in the notice of
lien. If several buildings are demolished, erected, altered or repaired,
or several pieces or parcels of real property are improved, under one
contract, and there are conflicting liens thereon, each lienor shall
have priority upon the particular part of the real property or upon the
particular building or premises where his labor is performed or his
materials are used. Persons shall have no priority on account of the
time of filing their respective notices of liens, but all liens shall be
on a parity except as hereinafter in section fifty-six of this chapter
provided; and except that in all cases laborers for daily or weekly
wages WITH A MECHANIC'S LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN,
shall have preference over all other claimants under this article.
§ 11. Section 17 of the lien law, as amended by chapter 324 of the
laws of 2000, is amended to read as follows:
§ 17. Duration of lien. 1. (A) No MECHANIC'S lien specified in this
article shall be a lien for a longer period than one year after the
notice of lien has been filed, unless within that time an action is
commenced to foreclose the lien, and a notice of the pendency of such
action, whether in a court of record or in a court not of record, is
filed with the county clerk of the county in which the notice of lien is
filed, containing the names of the parties to the action, the object of
the action, a brief description of the real property affected thereby,
and the time of filing the notice of lien; or unless an extension to
such lien, except for a lien on real property improved or to be improved
with a single family dwelling, is filed with the county clerk of the
county in which the notice of lien is filed within one year from the
filing of the original notice of lien, continuing such lien and such
lien shall be redocketed as of the date of filing such extension. Such
extension shall contain the names of the lienor and the owner of the
real property against whose interest therein such lien is claimed, a
brief description of the real property affected by such lien, the amount
of such lien, and the date of filing the notice of lien. No lien shall
S. 1506--B 80
be continued by such extension for more than one year from the filing
thereof. In the event an action is not commenced to foreclose the lien
within such extended period, such lien shall be extinguished unless an
order be granted by a court of record or a judge or justice thereof,
continuing such lien, and such lien shall be redocketed as of the date
of granting such order and a statement made that such lien is continued
by virtue of such order. A lien on real property improved or to be
improved with a single family dwelling may only be extended by an order
of a court of record, or a judge or justice thereof. No lien shall be
continued by court order for more than one year from the granting there-
of, but a new order and entry may be made in each of two successive
years. If a lienor is made a party defendant in an action to enforce
another lien, and the plaintiff or such defendant has filed a notice of
the pendency of the action within the time prescribed in this section,
the lien of such defendant is thereby continued. Such action shall be
deemed an action to enforce the lien of such defendant lienor. The fail-
ure to file a notice of pendency of action shall not abate the action as
to any person liable for the payment of the debt specified in the notice
of lien, and the action may be prosecuted to judgment against such
person. The provisions of this section in regard to continuing liens
shall apply to liens discharged by deposit or by order on the filing of
an undertaking. Where a lien is discharged by deposit or by order, a
notice of pendency of action shall not be filed.
(B) A lien, the duration of which has been extended by the filing of a
notice of the pendency of an action as above provided, shall neverthe-
less terminate as a lien after such notice has been canceled as provided
in section sixty-five hundred fourteen of the civil practice law and
rules or has ceased to be effective as constructive notice as provided
in section sixty-five hundred thirteen of the civil practice law and
rules.
2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
ER PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS
AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF THE COUNTY
IN WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF
THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
CONTAIN THE NAMES OF THE LIENOR AND THE OWNER OF THE REAL PROPERTY
AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
OF THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND THE
DATE OF FILING THE NOTICE OF LIEN. NO LIEN SHALL BE CONTINUED BY SUCH
EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT
AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE CLAIM OR TO
FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN SHALL BE
EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A JUDGE
OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
ETED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
(B) NO EMPLOYEE'S LIEN ON PERSONAL PROPERTY SHALL BE A LIEN FOR A
LONGER PERIOD THAN ONE YEAR AFTER THE FINANCING STATEMENT HAS BEEN
RECORDED, UNLESS AN EXTENSION TO SUCH LIEN, IS FILED WITH THE FILING
OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
FILING OF THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH LIEN. SUCH
EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND THE OWNER OF THE
PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF
DESCRIPTION OF THE PRIOR FINANCING STATEMENT TO BE EXTENDED, AND THE
S. 1506--B 81
DATE OF FILING THE PRIOR FINANCING STATEMENT. NO LIEN SHALL BE CONTIN-
UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
THE EVENT AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE
CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN
SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
REFILED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
(C) IF A LIENOR IS MADE A PARTY DEFENDANT IN AN ACTION TO ENFORCE
ANOTHER LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE OF
THE PENDENCY OF THE ACTION WITHIN THE TIME PRESCRIBED IN THIS SECTION,
THE LIEN OF SUCH DEFENDANT IS THEREBY CONTINUED. SUCH ACTION SHALL BE
DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
OF LIEN, AND THE ACTION MAY BE PROSECUTED TO JUDGMENT AGAINST SUCH
PERSON. THE PROVISIONS OF THIS SECTION IN REGARD TO CONTINUING LIENS
SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING OF
AN UNDERTAKING. WHERE A LIEN IS DISCHARGED BY DEPOSIT OR BY ORDER, A
NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
(D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM WITHIN ONE
YEAR FROM THE FILING OF THE NOTICE OF LIEN ON REAL PROPERTY OR THE
RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
HUNDRED TWENTY DAYS FOLLOWING THE ENTRY OF FINAL JUDGMENT IN SUCH
ACTION, UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR ADMINISTRATIVE
ORDER IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR COMMENCES
A FORECLOSURE ACTION, IN WHICH INSTANCE THE LIEN SHALL BE VALID DURING
THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
PENDENCY OF A FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON
THE WAGE CLAIM, THE LIENOR SHALL FILE A NOTICE OF SUCH PENDENCY AND
EXTENSION WITH THE COUNTY CLERK OF THE COUNTY IN WHICH THE NOTICE OF
LIEN IS FILED, CONTAINING THE NAMES OF THE PARTIES TO THE ACTION, THE
OBJECT OF THE ACTION, A BRIEF DESCRIPTION OF THE PROPERTY AFFECTED
THEREBY, AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF A
LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
IZED TO ACCEPT FINANCING STATEMENTS PURSUANT TO SECTION 9-501 OF THE
UNIFORM COMMERCIAL CODE. FOR PURPOSES OF THIS SECTION, AN ACTION TO
OBTAIN JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT
OF COMPETENT JURISDICTION, THE SUBMISSION OF A COMPLAINT TO THE DEPART-
MENT OF LABOR OR THE SUBMISSION OF A CLAIM TO ARBITRATION PURSUANT TO AN
ARBITRATION AGREEMENT. AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
COMPLAINT.
(E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED, SHALL NEVERTHE-
LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
IN SECTION SIXTY-FIVE HUNDRED FOURTEEN OF THE CIVIL PRACTICE LAW AND
RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE AS PROVIDED
IN SECTION SIXTY-FIVE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND
RULES.
§ 12. Subdivisions 2 and 4 of section 19 of the lien law, subdivision
2 as amended by chapter 310 of the laws of 1962, subdivision 4 as added
by chapter 582 of the laws of 2002 and paragraph a of subdivision 4 as
S. 1506--B 82
further amended by section 104 of part A of chapter 62 of the laws of
2011, are amended to read as follows:
(2) By failure to begin an action to foreclose such lien or to secure
an order continuing it, within one year from the time of filing the
notice of lien, unless (I) an action be begun within the same period to
foreclose a mortgage or another mechanic's lien upon the same property
or any part thereof and a notice of pendency of such action is filed
according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
A WAGE CLAIM PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS
ARTICLE, but a lien, the duration of which has been extended by the
filing of a notice of the pendency of an action as herein provided,
shall nevertheless terminate as a lien after such notice has been
cancelled or has ceased to be effective as constructive notice.
(4) Either before or after the beginning of an action by the EMPLOYER,
owner or contractor executing a bond or undertaking in an amount equal
to one hundred ten percent of such lien conditioned for the payment of
any judgment which may be rendered against the property OR EMPLOYER for
the enforcement of the lien:
a. The execution of any such bond or undertaking by any fidelity or
surety company authorized by the laws of this state to transact busi-
ness, shall be sufficient; and where a certificate of qualification has
been issued by the superintendent of financial services under the
provisions of section one thousand one hundred eleven of the insurance
law, and has not been revoked, no justification or notice thereof shall
be necessary. Any such company may execute any such bond or undertaking
as surety by the hand of its officers, or attorney, duly authorized
thereto by resolution of its board of directors, a certified copy of
which resolution, under the seal of said company, shall be filed with
each bond or undertaking. Any such bond or undertaking shall be filed
with the clerk of the county in which the notice of lien is filed, and a
copy shall be served upon the adverse party. The undertaking is effec-
tive when so served and filed. If a certificate of qualification issued
pursuant to subsections (b), (c) and (d) of section one thousand one
hundred eleven of the insurance law is not filed with the undertaking, a
party may except, to the sufficiency of a surety and by a written notice
of exception served upon the adverse party within ten days after
receipt, a copy of the undertaking. Exceptions deemed by the court to
have been taken unnecessarily, or for vexation or delay, may, upon
notice, be set aside, with costs. Where no exception to sureties is
taken within ten days or where exceptions taken are set aside, the
undertaking shall be allowed.
b. In the case of bonds or undertakings not executed pursuant to para-
graph a of this subdivision, the EMPLOYER, owner or contractor shall
execute an undertaking with two or more sufficient sureties, who shall
be free holders, to the clerk of the county where the premises are situ-
ated. The sureties must together justify in at least double the sum
named in the undertaking. A copy of the undertaking, with notice that
the sureties will justify before the court, or a judge or justice there-
of, at the time and place therein mentioned, must be served upon the
lienor or his attorney, not less than five days before such time. Upon
the approval of the undertaking by the court, judge or justice an order
shall be made by such court, judge or justice discharging such lien.
c. If the lienor cannot be found, or does not appear by attorney,
service under this subsection may be made by leaving a copy of such
undertaking and notice at the lienor's place of residence, or if a
corporation at its principal place of business within the state as stat-
S. 1506--B 83
ed in the notice of lien, with a person of suitable age and discretion
therein, or if the house of his abode or its place of business is not
stated in said notice of lien and is not known, then in such manner as
the court may direct. The premises, if any, described in the notice of
lien as the lienor's residence or place of business shall be deemed to
be his said residence or its place of business for the purposes of said
service at the time thereof, unless it is shown affirmatively that the
person servicing the papers or directing the service had knowledge to
the contrary. Notwithstanding the other provisions of this subdivision
relating to service of notice, in any case where the mailing address of
the lienor is outside the state such service may be made by registered
or certified mail, return receipt requested, to such lienor at the mail-
ing address contained in the notice of lien.
d. Except as otherwise provided in this subdivision, the provisions of
article twenty-five of the civil practice law and rules regulating
undertakings is applicable to a bond or undertaking given for the
discharge of a lien on account of private improvements OR OF AN EMPLOY-
EE'S LIEN.
§ 13. Section 24 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 24. Enforcement of [mechanic's] lien. (1) REAL PROPERTY. The
[mechanics'] liens ON REAL PROPERTY specified in this article may be
enforced against the property specified in the notice of lien and which
is subject thereto and against any person liable for the debt upon which
the lien is founded, as prescribed in article three of this chapter.
(2) PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY SPECI-
FIED IN THIS ARTICLE MAY IMMEDIATELY BE ENFORCED AGAINST THE PROPERTY
THROUGH A FORECLOSURE AS PRESCRIBED IN ARTICLE NINE OF THE UNIFORM
COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER
OF LABOR OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY BE ENFORCED
IN ANY MANNER AVAILABLE TO THE JUDGMENT CREDITOR PURSUANT TO ARTICLE
NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS.
§ 14. Section 26 of the lien law, as amended by chapter 373 of the
laws of 1977, is amended to read as follows:
§ 26. Subordination of liens after agreement with owner. In case an
owner of real property shall execute to one or more persons, or a corpo-
ration, as trustee or trustees, a bond and mortgage or a note and mort-
gage affecting such property in whole or in part, or an assignment of
the moneys due or to become due under a contract for a building loan in
relation to such property, and in case such mortgage, if any, shall be
recorded in the office of the register of the county where such real
property is situated, or if such county has no register then in the
office of the clerk of such county, and in case such assignment, if any,
shall be filed in the office of the clerk of the county where such real
property is situated; and in case lienors having [mechanics'] liens
against said real property, notices of which have been filed up to and
not later than fifteen days after the recording of such mortgage or the
filing of such assignment, and which liens have not been discharged as
in this article provided, shall, to the extent of at least fifty-five
per centum of the aggregate amount for which such notices of liens have
been so filed, approve such bond and mortgage or such note and mortgage,
if any, and such assignment, if any, by an instrument or instruments in
writing, duly acknowledged and filed in the office of such county clerk,
then all mechanics' liens for labor performed or material furnished
prior to the recording of such mortgage or filing of such assignment,
whether notices thereof have been theretofore or are thereafter filed
S. 1506--B 84
and which have not been discharged as in this article provided, shall be
subordinate to the lien of such trust bond and mortgage or such trust
note and mortgage to the extent of the aggregate amount of all certif-
icates of interest therein issued by such trustee or trustees, or their
successors, for moneys loaned, materials furnished, labor performed and
any other indebtedness incurred after said trust mortgage shall have
been recorded, and for expenses in connection with said trust mortgage,
and shall also be subordinate to the lien of the bond and mortgage or
note and mortgage, given to secure the amount agreed to be advanced
under such contract for a building loan to the extent of the amount
which shall be advanced by the holder of such bond and mortgage or such
note and mortgage to the trustee or trustees, or their successors, under
such assignment. The provisions of this section shall apply to all bonds
and mortgages and notes and mortgages and all assignments of moneys due,
or to become due under building loan contracts executed by such owner,
in like manner, and recorded or filed, from time to time as hereinbefore
provided. In case of an assignment to trustees under the provisions of
this section, the trustees and their successors shall be the agents of
the assignor to receive and receipt for any and all sums advanced by the
holder of the building loan bond and mortgage or the building loan note
and mortgage under the building loan contract and such assignment. No
lienor shall have any priority over the bond and mortgage or note and
mortgage given to secure the money agreed to be advanced under a build-
ing loan contract or over the advances made thereunder, by reason of any
act preceding the making and approval of such assignment.
§ 15. Section 38 of the lien law, as amended by chapter 859 of the
laws of 1930, is amended to read as follows:
§ 38. Itemized statement may be required of lienor. A lienor who has
filed a notice of MECHANIC'S lien shall, on demand in writing, deliver
to the owner or contractor making such demand a statement in writing
which shall set forth the items of labor and/or material and the value
thereof which make up the amount for which he claims a lien, and which
shall also set forth the terms of the contract under which such items
were furnished. The statement shall be verified by the lienor or his
agent in the form required for the verification of notices in section
nine of this [chapter] ARTICLE. If the lienor shall fail to comply with
such a demand within five days after the same shall have been made by
the owner or contractor, or if the lienor delivers an insufficient
statement, the person aggrieved may petition the supreme court of this
state or any justice thereof, or the county court of the county where
the premises are situated, or the county judge of such county for an
order directing the lienor within a time specified in the order to
deliver to the petitioner the statement required by this section. Two
days' notice in writing of such application shall be served upon the
lienor. Such service shall be made in the manner provided by law for the
personal service of a summons. The court or a justice or judge thereof
shall hear the parties and upon being satisfied that the lienor has
failed, neglected or refused to comply with the requirements of this
section shall have an appropriate order directing such compliance. In
case the lienor fails to comply with the order so made within the time
specified, then upon five days' notice to the lienor, served in the
manner provided by law for the personal service of a summons, the court
or a justice or judge thereof may make an order cancelling the lien.
§ 16. Section 39 of the lien law, as added by chapter 859 of the laws
of 1930, is amended to read as follows:
S. 1506--B 85
§ 39. Lien wilfully exaggerated is void. In any action or proceeding
to enforce a [mechanic's] lien upon a private or public improvement or
in which the validity of the lien is an issue, if the court shall find
that a lienor has wilfully exaggerated the amount for which he claims a
lien as stated in his notice of lien, his lien shall be declared to be
void and no recovery shall be had thereon. No such lienor shall have a
right to file any other or further lien for the same claim. A second or
subsequent lien filed in contravention of this section may be vacated
upon application to the court on two days' notice.
§ 17. Section 40 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 40. Construction of article. This article is to be construed in
connection with article two of this chapter, and provides proceedings
for the enforcement of EMPLOYEE'S LIENS ON REAL PROPERTY, AS WELL AS
liens for labor performed and materials furnished in the improvement of
real property, created by virtue of such article.
§ 18. Section 41 of the lien law, as amended by chapter 807 of the
laws of 1952, is amended to read as follows:
§ 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
mechanic's lien OR EMPLOYEE'S LIEN on real property may be enforced
against such property, and against a person liable for the debt upon
which the lien is founded, by an action, by the lienor, his assignee or
legal representative, in the supreme court or in a county court other-
wise having jurisdiction, regardless of the amount of such debt, or in a
court which has jurisdiction in an action founded on a contract for a
sum of money equivalent to the amount of such debt.
§ 19. Section 43 of the lien law, as amended by chapter 310 of the
laws of 1962, is amended to read as follows:
§ 43. Action in a court of record; consolidation of actions. The
provisions of the real property actions and proceedings law relating to
actions for the foreclosure of a mortgage upon real property, and the
sale and the distribution of the proceeds thereof apply to actions in a
court of record, to enforce mechanics' liens AND EMPLOYEES' LIENS on
real property, except as otherwise provided in this article. If actions
are brought by different lienors in a court of record, the court in
which the first action was brought, may, upon its own motion, or upon
the application of any party in any of such actions, consolidate all of
such actions.
§ 20. Section 46 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 46. Action in a court not of record. If an action to enforce a
mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
court not of record, it shall be commenced by the personal service upon
the owner of a summons and complaint verified in the same manner as a
complaint in an action in a court of record. The complaint must set
forth substantially the facts contained in the notice of lien, and the
substance of the agreement under which the labor was performed or the
materials were furnished, OR IF THE LIEN IS BASED UPON A WAGE CLAIM AS
DEFINED IN SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH WAGE CLAIM.
The form and contents of the summons shall be the same as provided by
law for the commencement of an action upon a contract in such court. The
summons must be returnable not less than twelve nor more than twenty
days after the date of the summons, or if service is made by publica-
tion, after the day of the last publication of the summons. Service
must be made at least eight days before the return day.
S. 1506--B 86
§ 21. Section 50 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 50. Execution. Execution may be issued upon a judgment obtained in
an action to enforce a mechanic's lien OR AN EMPLOYEE'S LIEN against
real property in a court not of record, which shall direct the officer
to sell the title and interest of the owner in the premises, upon which
the lien set forth in the complaint existed at the time of filing the
notice of lien.
§ 22. Section 53 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 53. Costs and disbursements. If an action is brought to enforce a
mechanic's lien OR AN EMPLOYEE'S LIEN against real property in a court
of record, the costs and disbursements shall rest in the discretion of
the court, and may be awarded to the prevailing party. The judgment
rendered in such an action shall include the amount of such costs and
specify to whom and by whom the costs are to be paid. If such action is
brought in a court not of record, they shall be the same as allowed in
civil actions in such court. The expenses incurred in serving the
summons by publication may be added to the amount of costs now allowed
in such court.
§ 23. Section 59 of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
§ 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
deposit, by order of court. 1. A mechanic's lien notice of which has
been filed on real property or a bond given to discharge the same may be
vacated and cancelled or a deposit made to discharge a lien pursuant to
section twenty OF THIS CHAPTER may be returned, by an order of a court
of record. Before such order shall be granted, a notice shall be served
upon the lienor, either personally or by leaving it as his last known
place of residence, with a person of suitable age, with directions to
deliver it to the lienor. Such notice shall require the lienor to
commence an action to enforce the lien, within a time specified in the
notice, not less than thirty days from the time of service, or show
cause at a special term of a court of record, or at a county court, in a
county in which the property is situated, at a time and place specified
therein, why the notice of lien filed or the bond given should not be
vacated and cancelled, or the deposit returned, as the case may be.
Proof of such service and that the lienor has not commenced the action
to foreclose such lien, as directed in the notice, shall be made by
affidavit, at the time of applying for such order.
2. AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR A
DEPOSIT MADE TO DISCHARGE A LIEN PURSUANT TO SECTION TWENTY OF THIS
CHAPTER MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD. BEFORE SUCH
ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
PERSONALLY OR BY LEAVING IT AT HIS LAST KNOWN PLACE OF RESIDENCE OR
ATTORNEY'S PLACE OF BUSINESS, WITH A PERSON OF SUITABLE AGE, WITH
DIRECTIONS TO DELIVER IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE
LIENOR TO COMMENCE AN ACTION TO ENFORCE THE LIEN, OR TO COMMENCE AN
ACTION TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON WHICH THE LIEN WAS
ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY
DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A
COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
IS SITUATED, AT A TIME AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF
LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE
DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE
S. 1506--B 87
LIENOR HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION
TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON WHICH THE LIEN WAS ESTAB-
LISHED, AS DIRECTED IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE
TIME OF APPLYING FOR SUCH ORDER.
§ 24. Section 62 of the lien law, as amended by chapter 697 of the
laws of 1934, is amended to read as follows:
§ 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
a public improvement, may at any time up to and including the day
preceding the day on which the trial of such action is commenced, make
application upon notice to the plaintiff or his attorney in such action,
to be made a party therein. Upon good cause shown, the court must order
such lienor to be brought in by amendment. If the application is made by
any other party in said action to make such lienor or other person a
party, the court may in its discretion direct such lienor or other
person to be brought in by like amendment. The order to be entered on
such application shall provide the time for and manner of serving the
pleading of such additional lienor or other person and shall direct that
the pleadings, papers and proceedings of the other several parties in
such action, shall be deemed amended, so as not to require the making or
serving of papers other than said order to effectuate such amendment,
and shall further provide that the allegations in the answer of such
additional lienor or other person shall, for the purposes of the action,
be deemed denied by the other parties therein. The action shall be so
conducted by the court as not to cause substantially any delay in the
trial thereof. The bringing in of such additional lienor or other
person shall be without prejudice to the proceedings had, and if the
action be on the calendar of the court, same shall retain its place on
such calendar without the necessity of serving a new note of issue and
new notices of trial.
§ 25. Subdivision 3 of section 199-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
3. Each employee and his or her authorized representative shall be
notified in writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-
GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
of any award and collection of back wages and civil penalties, and of
any intent to seek criminal penalties. In the event that criminal penal-
ties are sought the employee and his or her authorized representative
shall be notified of the outcome of prosecution.
§ 26. Subdivision 2 of section 663 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
2. By commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this article,
the commissioner may bring any legal action necessary, including admin-
istrative action, to collect such claim, and the employer shall be
required to pay the full amount of the underpayment, plus costs, and
unless the employer proves a good faith basis to believe that its under-
payment was in compliance with the law, an additional amount as liqui-
dated damages. Liquidated damages shall be calculated by the commission-
er as no more than one hundred percent of the total amount of
underpayments found to be due the employee. In any action brought by the
commissioner in a court of competent jurisdiction, liquidated damages
shall be calculated as an amount equal to one hundred percent of under-
payments found to be due the employee. EACH EMPLOYEE OR HIS OR HER
AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
S. 1506--B 88
ANY LEGAL ACTION BROUGHT ON THE EMPLOYEE'S BEHALF PURSUANT TO THIS
SECTION.
§ 27. Subdivision 5 of section 6201 of the civil practice law and
rules, as amended by chapter 860 of the laws of 1977 and as renumbered
by chapter 618 of the laws of 1992, is amended and a new subdivision 6
is added to read as follows:
5. the cause of action is based on a judgment, decree or order of a
court of the United States or of any other court which is entitled to
full faith and credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF THIS CHAPTER;
OR
6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF
UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID
BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED
PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
MENT CONTRACT.
§ 28. Section 6210 of the civil practice law and rules, as added by
chapter 860 of the laws of 1977, is amended to read as follows:
§ 6210. Order of attachment on notice; temporary restraining order;
contents. Upon a motion on notice for an order of attachment, the court
may, without notice to the defendant, grant a temporary restraining
order prohibiting the transfer of assets by a garnishee as provided in
subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
SUBDIVISION SIX OF SECTION 6201, AND IF THE EMPLOYER CONTESTS THE
MOTION, THE COURT SHALL HOLD A HEARING WITHIN TEN DAYS OF WHEN THE
EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR ATTACHMENT IS DUE. The
contents of the order of attachment granted pursuant to this section
shall be as provided in subdivision (a) of section 6211.
§ 29. Subdivision (b) of section 6211 of the civil practice law and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
(b) Confirmation of order. Except where an order of attachment is
granted on the ground specified in subdivision one OR SIX of section
6201, an order of attachment granted without notice shall provide that
within a period not to exceed five days after levy, the plaintiff shall
move, on such notice as the court shall direct to the defendant, the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment. Where an order of attachment without notice is granted on
the ground specified in subdivision one OR SIX of section 6201, the
court shall direct that the statement required by section 6219 be served
within five days, that a copy thereof be served upon the plaintiff, and
the plaintiff shall move within ten days after levy for an order
confirming the order of attachment. If the plaintiff upon such motion
shall show that the statement has not been served and that the plaintiff
will be unable to satisfy the requirement of subdivision (b) of section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
the order of attachment and any levy thereunder shall have no further
S. 1506--B 89
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions of subdivision (b) of section 6223 shall apply. An order of
attachment granted without notice may provide that the sheriff refrain
from taking any property levied upon into his actual custody, pending
further order of the court.
§ 30. Subdivisions (b) and (e) of rule 6212 of the civil practice law
and rules, subdivision (b) as separately amended by chapters 15 and 860
of the laws of 1977 and subdivision (e) as added by chapter 860 of the
laws of 1977, are amended to read as follows:
(b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion
for an order of attachment, the plaintiff shall give an undertaking, in
a total amount fixed by the court, but not less than five hundred
dollars, a specified part thereof conditioned that the plaintiff shall
pay to the defendant all costs and damages, including reasonable attor-
ney's fees, which may be sustained by reason of the attachment if the
defendant recovers judgment or if it is finally decided that the plain-
tiff was not entitled to an attachment of the defendant's property, and
the balance conditioned that the plaintiff shall pay to the sheriff all
of his allowable fees.
2. ON A MOTION FOR AN ATTACHMENT PURSUANT TO SUBDIVISION SIX OF
SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
(e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON
THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
shall be liable to the defendant for all costs and damages, including
reasonable attorney's fees, which may be sustained by reason of the
attachment if the defendant recovers judgment, or if it is finally
decided that the plaintiff was not entitled to an attachment of the
defendant's property. Plaintiff's liability shall not be limited by the
amount of the undertaking.
§ 31. Section 6223 of the civil practice law and rules, as amended by
chapter 860 of the laws of 1977, is amended to read as follows:
§ 6223. Vacating or modifying attachment. (a) Motion to vacate or
modify. Prior to the application of property or debt to the satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest in the property or debt may move, on notice to each party and
the sheriff, for an order vacating or modifying the order of attachment.
Upon the motion, the court may give the plaintiff a reasonable opportu-
nity to correct any defect. [If] EXCEPT AS PROVIDED UNDER SUBDIVISION
(B), IF, after the defendant has appeared in the action, the court
determines that the attachment is unnecessary to the security of the
plaintiff, it shall vacate the order of attachment. Such a motion shall
not of itself constitute an appearance in the action.
(b) Burden of proof. [Upon] EXCEPT WHERE AN ORDER OF ATTACHMENT IS
GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, UPON a motion to
vacate or modify an order of attachment the plaintiff shall have the
burden of establishing the grounds for the attachment, the need for
continuing the levy and the probability that he will succeed on the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE DEFENDANT SHALL HAVE
THE BURDEN TO DEMONSTRATE THAT THE ATTACHMENT IS UNNECESSARY TO THE
S. 1506--B 90
SECURITY OF THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY THE ATTACHMENT
ORDER.
§ 32. Paragraph (b) of section 624 of the business corporation law, as
amended by chapter 449 of the laws of 1997, is amended to read as
follows:
(b) Any person who shall have been a shareholder of record of a corpo-
ration, OR WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
upon at least five days' written demand shall have the right to examine
in person or by agent or attorney, during usual business hours, its
minutes of the proceedings of its shareholders and record of sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such person's interest as a shareholder, LABORER, SERVANT OR EMPLOYEE.
Holders of voting trust certificates representing shares of the corpo-
ration shall be regarded as shareholders for the purpose of this
section. Any such agent or attorney shall be authorized in a writing
that satisfies the requirements of a writing under paragraph (b) of
section 609 (Proxies). A corporation requested to provide information
pursuant to this paragraph shall make available such information in
written form and in any other format in which such information is main-
tained by the corporation and shall not be required to provide such
information in any other format. If a request made pursuant to this
paragraph includes a request to furnish information regarding beneficial
owners, the corporation shall make available such information in its
possession regarding beneficial owners as is provided to the corporation
by a registered broker or dealer or a bank, association or other entity
that exercises fiduciary powers in connection with the forwarding of
information to such owners. The corporation shall not be required to
obtain information about beneficial owners not in its possession.
§ 33. Section 630 of the business corporation law, paragraph (a) as
amended by chapter 5 of the laws of 2016, paragraph (c) as amended by
chapter 746 of the laws of 1963, is amended to read as follows:
§ 630. Liability of shareholders for wages due to laborers, servants or
employees.
(a) The ten largest shareholders, as determined by the fair value of
their beneficial interest as of the beginning of the period during which
the unpaid services referred to in this section are performed, of every
domestic corporation or of any foreign corporation, when the unpaid
services were performed in the state, no shares of which are listed on a
national securities exchange or regularly quoted in an over-the-counter
market by one or more members of a national or an affiliated securities
association, shall jointly and severally be personally liable for all
debts, wages or salaries due and owing to any of its laborers, servants
or employees other than contractors, for services performed by them for
such corporation. [Before such laborer, servant or employee shall charge
such shareholder for such services, he shall give notice in writing to
such shareholder that he intends to hold him liable under this section.
Such notice shall be given within one hundred and eighty days after
termination of such services, except that if, within such period, the
laborer, servant or employee demands an examination of the record of
shareholders under paragraph (b) of section 624 (Books and records;
right of inspection, prima facie evidence) of this article, such notice
may be given within sixty days after he has been given the opportunity
to examine the record of shareholders. An action to enforce such liabil-
ity shall be commenced within ninety days after the return of an
execution unsatisfied against the corporation upon a judgment recovered
against it for such services.] The provisions of this paragraph shall
S. 1506--B 91
not apply to an investment company registered as such under an act of
congress entitled "Investment Company Act of 1940."
(b) For the purposes of this section, wages or salaries shall mean all
compensation and benefits payable by an employer to or for the account
of the employee for personal services rendered by such employee INCLUD-
ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S
FEES OR COSTS. These shall specifically include but not be limited to
salaries, overtime, vacation, holiday and severance pay; employer
contributions to or payments of insurance or welfare benefits; employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
(c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders liable under this section with respect to the excess so paid,
over and above his pro rata share, and may sue them jointly or severally
or any number of them to recover the amount due from them. Such recov-
ery may be had in a separate action. As used in this paragraph, "pro
rata" means in proportion to beneficial share interest. Before a share-
holder may claim contribution from other shareholders under this para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant or employee under paragraph (a),] give them notice in writing that
he intends to hold them so liable to him. Such notice shall be given by
him within twenty days after the date that [notice was given to him by]
HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
LIABLE under paragraph (a).
§ 34. 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 limited
liability company, shall jointly and severally be personally liable for
all debts, wages or salaries due and owing to any of its laborers, serv-
ants 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 termination of such services. An action to enforce such
liability shall be commenced within ninety days after the return of an
execution unsatisfied against the limited liability company upon a judg-
ment recovered against it for such services.] A member who has paid more
than his or her pro rata share under this section shall be entitled to
contribution pro rata from the other members liable under this section
with respect to the excess so paid, over and above his or her pro rata
share, and may sue them jointly or severally or any number of them to
recover the amount due from them. Such recovery may be had in a separate
action. As used in this subdivision, "pro rata" means in proportion to
percentage ownership interest. Before a member may claim contribution
from other members under this section, he or she shall give them notice
in writing that he or she intends to hold them so liable to him or her.
§ 35. Section 1102 of the limited liability company law is amended by
adding a new subdivision (e) to read as follows:
(E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE OF A LIMITED LIABILITY COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
S. 1506--B 92
DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR-
NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE PERIOD OF TIME DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA-
GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL
NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT. UPON
REFUSAL BY THE COMPANY OR BY AN OFFICER OR AGENT OF THE COMPANY TO
PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE
PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT
IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF THE COMPANY IS LOCATED,
UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE
COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT. UPON THE RETURN
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COURT SHALL GRANT AN
ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO
THE COURT MAY SEEM JUST AND PROPER. IF THE APPLICANT IS FOUND TO BE
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COMPANY SHALL PAY ALL
REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT RELATED TO THE
DEMAND FOR INSPECTION OF THE RECORDS.
§ 36. This act shall take effect on the thirtieth day after it shall
have become a law. The procedures and rights created in this act may be
used by employees, laborers or servants in connection with claims for
liabilities that arose prior to the effective date.
SUBPART B
Section 1. Subdivision 4 of section 20.40 of the criminal procedure
law is amended by adding a new paragraph (o) to read as follows:
(O) AN OFFENSE OF WAGE THEFT AS DEFINED IN SECTION 155.50 OF THE PENAL
LAW MAY BE PROSECUTED IN ANY COUNTY WHERE SERVICES WERE PROVIDED OR IN
ANY COUNTY WHERE THE DEFENDANT AGREED TO PAY SUCH WAGES, REGARDLESS OF
WHETHER WITHHELD WAGES FOR SERVICES PROVIDED IN TWO OR MORE COUNTIES
WERE CHARGED AS AN AGGREGATE AMOUNT.
§ 2. The penal law is amended by adding a new section 155.50 to read
as follows:
§ 155.50 WAGE THEFT; DEFINITION.
FOR THE PURPOSES OF SECTIONS 155.55, 155.60, 155.65, 155.70 AND 155.75
OF THIS ARTICLE, A PERSON COMMITS WAGE THEFT WHEN HE OR SHE WITHHOLDS
AGREED-UPON WAGES THAT WERE PROMISED IN EXCHANGE FOR THE PERFORMANCE OF
SERVICES BY ANOTHER PERSON WHO HAS PERFORMED THE AGREED-UPON SERVICES,
WITH AN INTENT TO DEPRIVE SUCH PERSON OF PROPERTY OR TO APPROPRIATE THE
SAME TO HIMSELF OR HERSELF OR A THIRD PERSON.
§ 3. The penal law is amended by adding a new section 155.55 to read
as follows:
§ 155.55 WAGE THEFT IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF WAGE THEFT IN THE FIFTH DEGREE WHEN HE OR SHE
COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE.
WAGE THEFT IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
§ 4. The penal law is amended by adding a new section 155.60 to read
as follows:
§ 155.60 WAGE THEFT IN THE FOURTH DEGREE.
S. 1506--B 93
A PERSON IS GUILTY OF WAGE THEFT IN THE FOURTH DEGREE WHEN HE OR SHE
COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND
WHEN:
1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS
ONE THOUSAND DOLLARS; OR
2. HE OR SHE WITHHOLDS WAGES FROM TEN OR MORE PEOPLE.
WAGE THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 5. The penal law is amended by adding a new section 155.65 to read
as follows:
§ 155.65 WAGE THEFT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF WAGE THEFT IN THE THIRD DEGREE WHEN HE OR SHE
COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND
WHEN:
1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS
THREE THOUSAND DOLLARS; OR
2. HE OR SHE WITHHOLDS WAGES FROM TWENTY-FIVE OR MORE PEOPLE.
WAGE THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 6. The penal law is amended by adding a new section 155.70 to read
as follows:
§ 155.70 WAGE THEFT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF WAGE THEFT IN THE SECOND DEGREE WHEN HE OR SHE
COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND
WHEN:
1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS
FIFTY THOUSAND DOLLARS; OR
2. HE OR SHE WITHHOLDS WAGES FROM FIFTY OR MORE PEOPLE.
WAGE THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 7. The penal law is amended by adding a new section 155.75 to read
as follows:
§ 155.75 WAGE THEFT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF WAGE THEFT IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS WAGE THEFT AS DEFINED IN SECTION 155.50 OF THIS ARTICLE AND
WHEN:
1. THE AGGREGATE VALUE OF THE WAGES WITHHELD FROM ONE PERSON EXCEEDS
ONE MILLION DOLLARS; OR
2. HE OR SHE WITHHOLDS WAGES FROM SEVENTY-FIVE OR MORE PEOPLE.
WAGE THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 8. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
as amended by chapter 671 of the laws of 1986, is amended to read as
follows:
(c) The conduct constituting the offense is engaged in by an agent of
the corporation while acting within the scope of his employment and in
behalf of the corporation, and the offense is (i) a misdemeanor or a
violation, (ii) one defined by a statute which clearly indicates a
legislative intent to impose such criminal liability on a corporation,
[or] (iii) any offense set forth in title twenty-seven of article seven-
ty-one of the environmental conservation law, OR (IV) ANY OFFENSE SET
FORTH IN SECTION 155.55, 155.60, 155.65, 155.70 OR 155.75 OF THIS CHAP-
TER.
§ 9. This act shall take effect on the thirtieth day after it shall
have become a law.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart 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
S. 1506--B 94
or subpart 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.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART P
Section 1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
§ 522. Total unemployment. "Total unemployment" OR "TOTALLY UNEM-
PLOYED" means the [total] lack of any employment [on] IN any [day] WEEK.
The term "employment" as used in this section means any employment
including that not defined in this title.
§ 2. Section 523 of the labor law, as amended by chapter 675 of the
laws of 1977, is amended to read as follows:
§ 523. [Effective day. "Effective day" means a full day of total unem-
ployment provided such day falls within a week in which a claimant had
four or more days of total unemployment and provided further that only
those days of total unemployment in excess of three days within such
week are deemed "effective days". No effective day is deemed to occur in
a week in which the claimant has days of employment for which he is paid
compensation exceeding the highest benefit rate which is applicable to
any claimant in such week. A claimant who is employed on a shift
continuing through midnight is deemed to have been employed on the day
beginning before midnight with respect to such shift, except where night
shift employees are regularly scheduled to start their work week at
seven post meridiem or thereafter on Sunday night, their regularly sche-
duled starting time on Sunday shall be considered as starting on
Monday.] PARTIAL UNEMPLOYMENT. "PARTIAL UNEMPLOYMENT" OR "PARTIALLY
UNEMPLOYED" MEANS ANY WEEK IF THE TOTAL REMUNERATION OF ANY NATURE PAYA-
BLE FOR SERVICES OF ANY KIND DURING SUCH WEEK AMOUNTS TO LESS THAN ONE
AND ONE-HALF TIMES THE CLAIMANT'S BENEFIT RATE FOR TOTAL UNEMPLOYMENT
ROUNDED TO THE LOWEST NEXT DOLLAR. FOR PURPOSES OF THIS SECTION, REMUN-
ERATION SHALL ALSO INCLUDE ANY HOLIDAY OR VACATION PAY PAYABLE WITH
RESPECT TO ANY SUCH WEEK, WHETHER OR NOT ANY SERVICE WAS PERFORMED
DURING SUCH WEEK OR WAS IN ANY OTHER WAY REQUIRED FOR RECEIPT OF SUCH
HOLIDAY OR VACATION PAY. FOR PURPOSES OF THIS SECTION, THE COMMISSIONER
SHALL CONSIDER EARNINGS DERIVED FROM SELF-EMPLOYMENT, BUT ONLY TO THE
EXTENT SUCH EARNINGS ARE ACTUALLY RECEIVED OR PAYABLE WITH RESPECT TO A
GIVEN WEEK OF PARTIAL UNEMPLOYMENT.
§ 3. Section 524 of the labor law, as added by chapter 5 of the laws
of 2000, is amended to read as follows:
§ 524. Week of employment. For purposes of this article, "week of
employment" shall mean a Monday through Sunday period during which a
claimant was paid remuneration for employment for an employer or employ-
ers liable for contributions or for payments in lieu of contributions
under this article. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING
THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING
BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT
EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST
MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START-
ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
S. 1506--B 95
§ 4. Subdivision 4 of section 527 of the labor law, as amended by
chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
laws of 1984, is amended to read as follows:
4. General condition. A valid original claim may be filed only in a
week in which the claimant [has at least one effective day of unemploy-
ment] IS TOTALLY UNEMPLOYED OR PARTIALLY UNEMPLOYED AS DEFINED IN THIS
ARTICLE.
§ 5. Clauses (i), (ii), (iii) and (iv) of subparagraph 2 of paragraph
(e) of subdivision 1 of section 581 of the labor law, as amended by
chapter 282 of the laws of 2002, are amended to read as follows:
(i) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision ten of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges [for the
first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL
TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
provided by this section. Under such circumstances, benefits paid shall
be charged to the general account. In addition, wages paid during the
base period by such educational institutions, or for services in such
educational institutions for claimants employed by an educational
service agency shall not be considered base period wages during periods
that such wages may not be used to gain entitlement to benefits pursuant
to subdivision ten of section five hundred ninety of this article.
(ii) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision eleven of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges [for the
first twenty-eight effective days of benefits paid] IN AN AMOUNT EQUAL
TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
provided by this section. Under such circumstances, benefits paid will
be charged to the general account. In addition, wages paid during the
base period by such educational institutions, or for services in such
educational institutions for claimants employed by an educational
service agency shall not be considered base period wages during periods
that such wages may not be used to gain entitlement to benefits pursuant
to subdivision eleven of section five hundred ninety of this article.
However, in those instances where a claimant was not afforded an oppor-
tunity to perform services for the educational institution for the next
academic year or term after reasonable assurance was provided, such
employer shall be liable for benefit charges as provided for in this
paragraph for any retroactive payments made to the claimant.
(iii) In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and
such employer is not a base-period employer, payments [equaling the
first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
prescribed by this section shall be charged to the general account. In
those instances where the federal government is the claimant's last
S. 1506--B 96
employer prior to the filing of the claim for benefits and a base-period
employer, such employer shall be liable for charges for all benefits
paid on such claim in the same proportion that the remuneration paid by
such employer during the base period bears to the remuneration paid by
all employers during the base period. In addition, benefit payment
charges [for the first twenty-eight effective days of benefits] IN AN
AMOUNT EQUAL TO THE BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT
other than those chargeable to the federal government as prescribed
above shall be made to the general account.
(iv) In those instances where a combined wage claim is filed pursuant
to interstate reciprocal agreements and the claimant's last employer
prior to the filing of the claim is an out-of-state employer and such
employer is not a base-period employer, benefit payments [equaling the
first twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE
BENEFITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT as otherwise
prescribed by this section shall be charged to the general account. In
those instances where the out-of-state employer is the last employer
prior to the filing of the claim for benefits and a base-period employer
such employer shall be liable for charges for all benefits paid on such
claim in the same proportion that the remuneration paid by such employer
during the base period bears to the remuneration paid by all employers
during the base period. In addition, benefit payment charges [for the
twenty-eight effective days of benefits] IN AN AMOUNT EQUAL TO THE BENE-
FITS PAID FOR SEVEN WEEKS OF TOTAL UNEMPLOYMENT other than those charge-
able to the out-of-state employer as prescribed above shall be made to
the general account.
§ 6. Subdivisions 1, 3, 4, paragraph (a) of subdivision 5 and subdivi-
sions 6 and 7 of section 590 of the labor law, subdivisions 1 and 3 as
amended by chapter 645 of the laws of 1951, subdivision 4 as amended by
chapter 457 of the laws of 1987, paragraph (a) of subdivision 5 as
amended by section 8 of part O of chapter 57 of the laws of 2013, subdi-
vision 6 as added by chapter 720 of the laws of 1953 and as renumbered
by chapter 675 of the laws of 1977, and subdivision 7 as amended by
chapter 415 of the laws of 1983, are amended and two new paragraphs (c)
and (d) are added to subdivision 5 to read as follows:
1. Entitlement to benefits. A claimant shall be entitled to [accumu-
late effective days for the purpose of benefit rights] THE PAYMENT OF
BENEFITS only if he OR SHE has complied with the provisions of this
article regarding the filing of his OR HER claim, including the filing
of a valid original claim, registered as totally UNEMPLOYED OR PARTIALLY
unemployed, reported his OR HER subsequent employment and unemployment,
and reported for work or otherwise given notice of the continuance of
his OR HER unemployment.
3. Compensable periods. Benefits shall be paid for each [accumulation
of effective days within a] week OF PARTIAL UNEMPLOYMENT OR TOTAL UNEM-
PLOYMENT.
4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] AN AMOUNT EXCEEDING TWENTY-SIX TIMES THE CLAIMANT'S
WEEKLY BENEFIT RATE in any benefit year, except as provided in section
six hundred one and subdivision two of section five hundred ninety-nine
of this [chapter] TITLE.
(a) A claimant's weekly benefit amount shall be one twenty-sixth of
the remuneration paid during the highest calendar quarter of the base
period by employers, liable for contributions or payments in lieu of
contributions under this article, provided the claimant has remuneration
paid in all four calendar quarters during his or her base period or
S. 1506--B 97
alternate base period. However, for any claimant who has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period and whose high calendar quarter remuneration
during the base period is three thousand five hundred seventy-five
dollars or less, the benefit amount shall be one twenty-fifth of the
remuneration paid during the highest calendar quarter of the base period
by employers liable for contributions or payments in lieu of contrib-
utions under this article. A claimant's weekly benefit shall be one
twenty-sixth of the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period by employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters provided however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than three thousand five
hundred seventy-five dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However, for any claimant
who has remuneration paid in two or three calendar quarters during his
or her base period or alternate base period and whose high calendar
quarter remuneration during the base period is three thousand five
hundred seventy-five dollars or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar quar-
ter of the base period by employers liable for contributions or payments
in lieu of contributions under this article. Any claimant whose high
calendar quarter remuneration during the base period is more than three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit amount less than one hundred forty-three dollars. The weekly benefit
amount, so computed, that is not a multiple of one dollar shall be
lowered to the next multiple of one dollar. On the first Monday of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not exceed three hundred sixty-five dollars nor be less than forty
dollars, until the first Monday of September, two thousand, at which
time the maximum benefit payable pursuant to this subdivision shall
equal one-half of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. On and after the first Monday of October, two thousand fourteen,
the weekly benefit shall not be less than one hundred dollars, nor shall
it exceed four hundred twenty dollars until the first Monday of October,
two thousand fifteen when the maximum benefit amount shall be four
hundred twenty-five dollars, until the first Monday of October, two
thousand sixteen when the maximum benefit amount shall be four hundred
thirty dollars, until the first Monday of October, two thousand seven-
teen when the maximum benefit amount shall be four hundred thirty-five
dollars, until the first Monday of October, two thousand eighteen when
the maximum benefit amount shall be four hundred fifty dollars, until
the first Monday of October, two thousand nineteen when the maximum
benefit amount shall be thirty-six percent of the average weekly wage
until the first Monday of October, two thousand twenty when the maximum
benefit amount shall be thirty-eight percent of the average weekly wage,
until the first Monday of October two thousand twenty-one when the maxi-
mum benefit amount shall be forty percent of the average weekly wage,
until the first Monday of October, two thousand twenty-two when the
maximum benefit amount shall be forty-two percent of the average weekly
wage, until the first Monday of October, two thousand twenty-three when
the maximum benefit amount shall be forty-four percent of the average
weekly wage, until the first Monday of October, two thousand twenty-four
S. 1506--B 98
when the maximum benefit amount shall be forty-six percent of the aver-
age weekly wage, until the first Monday of October, two thousand twen-
ty-five when the maximum benefit amount shall be forty-eight percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-six and each year thereafter on the first Monday of October when
the maximum benefit amount shall be fifty percent of the average weekly
wage provided, however, that in no event shall the maximum benefit
amount be reduced from the previous year. A CLAIMANT SHALL RECEIVE HIS
OR HER FULL BENEFIT RATE FOR EACH WEEK OF TOTAL UNEMPLOYMENT.
(C) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED THROUGHOUT A WEEK SHALL
BE PAID WITH RESPECT TO SUCH WEEK AN AMOUNT EQUAL TO THE CLAIMANT'S
BENEFIT RATE FOR TOTAL UNEMPLOYMENT REDUCED BY AN AMOUNT EQUAL TO TWO-
THIRDS, ROUNDED TO THE NEXT LOWER WHOLE DOLLAR, OF THE TOTAL REMUNERA-
TION, ROUNDED TO THE LOWER WHOLE DOLLAR, OF ANY NATURE PAYABLE TO THE
CLAIMANT FOR SERVICES OF ANY KIND DURING SUCH WEEK.
(D) ANY CLAIMANT WHO IS PARTIALLY UNEMPLOYED WHOSE EMPLOYMENT IS
LIMITED TO ONE OR TWO DAYS DURING ANY WEEK OF UNEMPLOYMENT AND WHOSE
PAID OR PAYABLE REMUNERATION FOR SUCH WEEK IS EQUAL TO OR LESS THAN THE
WEEKLY MAXIMUM BENEFIT AMOUNT SHALL BE PAID:
(1) FOR EMPLOYMENT LIMITED TO ONE DAY, A BENEFIT AMOUNT EQUAL TO THREE
QUARTERS OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS GREATER
THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENEFIT AMOUNT
BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
(2) FOR EMPLOYMENT LIMITED TO TWO DAYS, A BENEFIT AMOUNT EQUAL TO
FIFTY PERCENT OF HIS OR HER WEEKLY BENEFIT AMOUNT, IF THAT AMOUNT IS
GREATER THAN WHAT THE CLAIMANT WOULD HAVE RECEIVED HAD HIS OR HER BENE-
FIT AMOUNT BEEN COMPUTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
6. Notification requirement. [No effective day shall be counted for
any purposes except effective days as to] BENEFITS SHALL BE PAYABLE ONLY
FOR ANY WEEK FOR which notification has been given in a manner
prescribed by the commissioner.
7. Waiting period. A claimant shall not be entitled to [accumulate
effective days for the purpose of] RECEIVE benefit payments until he OR
SHE has [accumulated] COMPLETED a waiting period of [four effective days
either wholly within the] ONE week OF TOTAL UNEMPLOYMENT OR PARTIAL
UNEMPLOYMENT in which he OR SHE established [his] A valid original claim
[or partly within such week and partly] within his OR HER benefit year
initiated by such claim.
§ 7. Subdivision 1, paragraph (a) of subdivision 3 and paragraph (a)
of subdivision 6 of section 591 of the labor law, subdivision 1 as
amended by chapter 413 of the laws of 2003, paragraph (a) of subdivision
3 as amended by chapter 794 of the laws of 1963 and paragraph (a) of
subdivision 6 as added by section 13 of part O of chapter 57 of laws of
2013, are amended to read as follows:
1. Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only to a claimant who is
totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
(a) [No benefits shall be] BENEFITS payable to a claimant for any day
during a paid vacation period, or for a paid holiday, [nor shall any
such day be considered a day of total unemployment under section five
S. 1506--B 99
hundred twenty-two] SHALL BE CALCULATED AS PROVIDED IN SECTION FIVE
HUNDRED TWENTY-THREE AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED NINETY
of this article.
(a) No benefits shall be payable to a claimant for any week during a
dismissal period for which a claimant receives dismissal pay[, nor shall
any day within such week be considered a day of total unemployment under
section five hundred twenty-two of this article,] if such weekly
dismissal pay exceeds the maximum weekly benefit rate.
§ 8. Subdivision 1 of section 591 of the labor law, as amended by
chapter 446 of the laws of 1981, is amended to read as follows:
1. Unemployment. Benefits shall be paid only to a claimant who is
totally UNEMPLOYED OR PARTIALLY unemployed and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
§ 9. Subdivision 2 of section 592 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
2. Concurrent payments prohibited. No [days of total unemployment
shall be deemed to occur] BENEFITS SHALL BE PAYABLE in any week with
respect to which or a part of which a claimant has received or is seek-
ing unemployment benefits under an unemployment compensation law of any
other state or of the United States, provided that this provision shall
not apply if the appropriate agency of such other state or of the United
States finally determines that he OR SHE is not entitled to such unem-
ployment benefits.
§ 10. Paragraph (a) of subdivision 1, the opening paragraph of subdi-
vision 2 and subdivisions 3 and 4 of section 593 of the labor law, para-
graph (a) of subdivision 1, the opening paragraph of subdivision 2 and
subdivision 3 as amended by section 15 of part O of chapter 57 of the
laws of 2013 and subdivision 4 as amended by chapter 589 of the laws of
1998, are amended to read as follows:
(a) No [days of total unemployment shall be deemed to occur] BENEFITS
SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
MENT THAT OCCURS after a claimant's voluntary separation without good
cause from employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to ten times his or her
weekly benefit rate. In addition to other circumstances that may be
found to constitute good cause, including a compelling family reason as
set forth in paragraph (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify a claimant if circum-
stances have developed in the course of such employment that would have
justified the claimant in refusing such employment in the first instance
under the terms of subdivision two of this section or if the claimant,
pursuant to an option provided under a collective bargaining agreement
or written employer plan which permits waiver of his or her right to
retain the employment when there is a temporary layoff because of lack
of work, has elected to be separated for a temporary period and the
employer has consented thereto.
No [days of total unemployment shall be deemed to occur] BENEFITS
SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOY-
MENT beginning with the day on which a claimant, without good cause,
refuses to accept an offer of employment for which he or she is reason-
ably fitted by training and experience, including employment not subject
S. 1506--B 100
to this article, until he or she has subsequently worked in employment
and earned remuneration at least equal to ten times his or her weekly
benefit rate. Except that claimants who are not subject to a recall date
or who do not obtain employment through a union hiring hall and who are
still unemployed after receiving ten weeks of benefits shall be required
to accept any employment proffered that such claimants are capable of
performing, provided that such employment would result in a wage not
less than eighty percent of such claimant's high calendar quarter wages
received in the base period and not substantially less than the prevail-
ing wage for similar work in the locality as provided for in paragraph
(d) of this subdivision. No refusal to accept employment shall be deemed
without good cause nor shall it disqualify any claimant otherwise eligi-
ble to receive benefits if:
3. Misconduct. No [days of total unemployment shall be deemed to
occur] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOYMENT OR
PARTIAL UNEMPLOYMENT THAT OCCURS after a claimant lost employment
through misconduct in connection with his or her employment until he or
she has subsequently worked in employment and earned remuneration at
least equal to ten times his or her weekly benefit rate.
4. Criminal acts. No [days of total unemployment shall be deemed to
occur during] BENEFITS SHALL BE PAYABLE FOR ANY WEEK OF TOTAL UNEMPLOY-
MENT OR PARTIAL UNEMPLOYMENT FOR a period of twelve months after a
claimant loses employment as a result of an act constituting a felony in
connection with such employment, provided the claimant is duly convicted
thereof or has signed a statement admitting that he or she has committed
such an act. Determinations regarding a benefit claim may be reviewed
at any time. Any benefits paid to a claimant prior to a determination
that the claimant has lost employment as a result of such act shall not
be considered to have been accepted by the claimant in good faith. In
addition, remuneration paid to the claimant by the affected employer
prior to the claimant's loss of employment due to such criminal act may
not be utilized for the purpose of establishing entitlement to a subse-
quent, valid original claim. The provisions of this subdivision shall
apply even if the employment lost as a result of such act is not the
claimant's last employment prior to the filing of his or her claim.
§ 11. Section 594 of the labor law, as amended by section 16 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
§ 594. [Reduction and recovery] RECOVERY of benefits and penalties for
wilful false statement. (1) A claimant who has wilfully made a false
statement or representation to obtain any benefit under the provisions
of this article shall [forfeit benefits for at least the first four but
not more than the first eighty effective days following discovery of
such offense for which he or she otherwise would have been entitled to
receive benefits. Such penalty shall apply only once with respect to
each such offense.
(2) For the purpose of subdivision four of section five hundred ninety
of this article, the claimant shall be deemed to have received benefits
for such forfeited effective days.
(3) The penalty provided in this section shall not be confined to a
single benefit year but shall no longer apply in whole or in part after
the expiration of two years from the date of the final determination.
Such two-year period shall be tolled during the time period a claimant
has an appeal pending] BE SUBJECT TO THE PENALTIES SET FORTH IN THIS
SECTION.
[(4)] (2) A claimant shall refund all moneys received because of such
false statement or representation and pay a civil penalty in an amount
S. 1506--B 101
equal to the greater of one hundred dollars or fifteen percent of the
total overpaid benefits determined pursuant to this section. The penal-
ties collected hereunder shall be deposited in the fund. The penalties
assessed under this subdivision shall apply and be assessed for any
benefits paid under federal unemployment and extended unemployment
programs administered by the department in the same manner as provided
in this article. The penalties in this section shall be in addition to
any penalties imposed under this chapter or any state or federal crimi-
nal statute. No penalties or interest assessed pursuant to this section
may be deducted or withheld from benefits.
[(5)] (3) (a) Upon a determination based upon a willful false state-
ment or representation becoming final through exhaustion of appeal
rights or failure to exhaust hearing rights, the commissioner may
recover the amount found to be due by commencing a civil action, or by
filing with the county clerk of the county where the claimant resides
the final determination of the commissioner or the final decision by an
administrative law judge, the appeal board, or a court containing the
amount found to be due including interest and civil penalty. The commis-
sioner may only make such a filing with the county clerk when:
(i) The claimant has responded to requests for information prior to a
determination and such requests for information notified the claimant of
his or her rights to a fair hearing as well as the potential conse-
quences of an investigation and final determination under this section
including the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair hearing
or appeal subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or subse-
quent appeal from which a final determination was rendered;
(ii) The commissioner has made efforts to collect on such final deter-
mination; and
(iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
(b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
(i) That the commissioner intends to docket a final determination
against such claimant as a judgment;
(ii) The total amount to be docketed; and
(iii) Conspicuous language that reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and your
money, including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect your
ability to rent a home, find a job, or take out a loan."
§ 11-a. Section eleven of this act shall apply to all false statements
and representations determined on or after the effective date of this
act and all forfeited effective days determined prior to such effective
date shall remain in full force and effect for two years from the expi-
ration of the initial determination. For purposes of applying such
forfeited benefits, four effective days shall be considered one week of
forfeited benefits and any remaining amount of less than four days shall
not be applied to future benefits.
§ 12. Subdivisions 1 and 4 of section 596 of the labor law, subdivi-
sion 1 as amended by chapter 204 of the laws of 1982 and subdivision 4
as added by chapter 705 of the laws of 1944 and as renumbered by section
S. 1506--B 102
148-a of part B of chapter 436 of the laws of 1997, are amended to read
as follows:
1. Claim filing and certification to unemployment. A claimant shall
file a claim for benefits [at] WITH the [local state employment office
serving the area in which he was last employed or in which he resides]
DEPARTMENT OF LABOR within such time and in such manner as the commis-
sioner shall prescribe. He OR SHE shall disclose whether he OR SHE owes
child support obligations, as hereafter defined. If a claimant making
such disclosure is eligible for benefits, the commissioner shall notify
the state or local child support enforcement agency, as hereafter
defined, that the claimant is eligible.
A claimant shall correctly report any [days of] employment and any
compensation [he] received for such employment, including [employments]
EMPLOYMENT not subject to this article, and the days on which he OR SHE
was totally UNEMPLOYED OR PARTIALLY unemployed and shall make such
reports in accordance with such regulations as the commissioner shall
prescribe.
4. Registration and reporting for work. A claimant shall register as
totally UNEMPLOYED OR PARTIALLY unemployed at a local state employment
office serving the area in which he OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er shall prescribe. After so registering, such claimant shall report for
work at the same local state employment office or otherwise give notice
of the continuance of his OR HER unemployment as often and in such
manner as the commissioner shall prescribe.
§ 12-a. Intentionally omitted.
§ 13. Paragraph (a) of subdivision 2 of section 599 of the labor law,
as amended by chapter 593 of the laws of 1991, is amended to read as
follows:
(a) Notwithstanding any other provision of this chapter, a claimant
attending an approved training course or program under this section may
receive additional benefits of up to [one hundred four effective days]
TWENTY-SIX TIMES HIS OR HER WEEKLY BENEFIT AMOUNT following exhaustion
of regular and, if in effect, any other extended benefits, provided that
entitlement to a new benefit claim cannot be established. Certification
of continued satisfactory participation and progress in such training
course or program must be submitted to the commissioner prior to the
payment of any such benefits. The [duration] AMOUNT of such additional
benefits shall in no case exceed twice the [number of effective days]
AMOUNT of regular benefits to which the claimant is entitled at the time
the claimant is accepted in, or demonstrates application for appropriate
training.
§ 14. The opening paragraph and paragraph (e) of subdivision 2 of
section 601 of the labor law, as amended by chapter 35 of the laws of
2009, are amended to read as follows:
Extended benefits shall be payable to a claimant for [effective days
occurring in] any week OF TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT
within an eligibility period, provided the claimant
(e) is not claiming benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where an extended
benefit period is not in effect, except that this condition shall not
apply with respect to the first [eight effective days] TWO WEEKS OF
TOTAL UNEMPLOYMENT OR PARTIAL UNEMPLOYMENT for which extended benefits
shall otherwise be payable pursuant to an interstate claim filed under
the interstate benefit payment plan; and
S. 1506--B 103
§ 15. Subdivisions 3 and 4 and paragraphs (b) and (e) of subdivision 5
of section 601 of the labor law, as amended by chapter 35 of the laws of
2009, are amended to read as follows:
3. Extended benefit amounts; rate and duration. Extended benefits
shall be paid to a claimant
(a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
(b) for not more than [fifty-two effective days with respect to his or
her applicable benefit year, with a total maximum amount equal to] fifty
percentum of the total maximum amount of regular benefits payable in
such benefit year, and
(c) if a claimant's benefit year ends within an extended benefit peri-
od, the remaining balance of extended benefits to which he or she would
be entitled, if any, shall be reduced by the [number of effective days]
AMOUNT OF BENEFITS for which he or she was entitled to receive trade
readjustment allowances under the federal trade act of nineteen hundred
seventy-four during such benefit year, and
(d) for periods of high unemployment for not more than [eighty effec-
tive days with respect to the applicable benefit year with a total maxi-
mum amount equal to] eighty percent of the total maximum amount of regu-
lar benefits payable in such benefit year.
4. Charging of extended benefits. The provisions of paragraph (e) of
subdivision one of section five hundred eighty-one of this article shall
apply to benefits paid pursuant to the provisions of this section, and
if they were paid for [effective days] WEEKS OF TOTAL UNEMPLOYMENT OR
PARTIAL UNEMPLOYMENT occurring in weeks following the end of a benefit
year, they shall be deemed paid with respect to that benefit year.
However, except for governmental entities as defined in section five
hundred sixty-five and Indian tribes as defined in section five hundred
sixty-six of this article, only one-half of the amount of such benefits
shall be debited to the employers' account; the remainder thereof shall
be debited to the general account, and such account shall be credited
with the amount of payments received in the fund pursuant to the
provisions of the federal-state extended unemployment compensation act.
Notwithstanding the foregoing, where the state has entered an extended
benefit period triggered pursuant to subparagraph one of paragraph (a)
of subdivision one of this section for which federal law provides for
one hundred percent federal sharing of the costs of benefits, all charg-
es shall be debited to the general account and such account shall be
credited with the amount of payments received in the fund pursuant to
the provisions of the federal-state extended unemployment compensation
act or other federal law providing for one hundred percent federal shar-
ing for the cost of such benefits.
(b) No [days of total unemployment shall be deemed to occur in] BENE-
FITS SHALL BE PAYABLE FOR any week within an eligibility period during
which a claimant fails to accept any offer of suitable work or fails to
apply for suitable work to which he or she was referred by the commis-
sioner, who shall make such referral if such work is available, or
during which he or she fails to engage actively in seeking work by
making a systematic and sustained effort to obtain work and providing
tangible evidence of such effort, and until he or she has worked in
employment during at least four subsequent weeks and earned remuneration
of at least four times his or her benefit rate.
(e) No [days of total unemployment] BENEFITS shall be [deemed to occur
in] PAYABLE FOR any week within an eligibility period under section five
hundred ninety-three of this [article] TITLE, until he or she has subse-
S. 1506--B 104
quently worked in employment in accordance with the requirements set
forth in section five hundred ninety-three of this [article] TITLE.
§ 16. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
§ 603. Definitions. For purposes of this title: "Total unemployment"
AND "PARTIAL UNEMPLOYMENT" shall [mean the total lack of any employment
on any day,] HAVE THE SAME MEANINGS AS DEFINED IN THIS ARTICLE, other
than with an employer applying for a shared work program. "Work force"
shall mean the total work force, a clearly identifiable unit or units
thereof, or a particular shift or shifts. The work force subject to
reduction shall consist of no less than two employees.
§ 17. Severability. If any amendment contained in a clause, sentence,
paragraph, section or part of this act shall be adjudged by the United
States Department of Labor to violate requirements for maintaining bene-
fit standards required of the state in order to be eligible for any
financial benefit offered through federal law or regulation, such amend-
ments shall be severed from this act and shall not affect, impair or
invalidate the remainder thereof.
§ 18. This act shall take effect on the ninetieth day after the
commissioner of labor certifies that the department of labor has an
information technology system capable of accommodating the provisions in
this act; provided that the commissioner of labor shall notify the
legislative bill drafting commission of the date of such certification
in order that the commission may maintain an accurate and timely effec-
tive database of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
Provided further that the amendments to subdivision 1 of section 591 of
the labor law made by section seven of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 10 of
chapter 413 of the laws of 2003, when upon such date the provisions of
section eight of this act shall take effect.
PART Q
Section 1. Subdivision 1 of section 296 of the executive law is
amended by adding a new paragraph (h) to read as follows:
(H) FOR AN EMPLOYER OR EMPLOYMENT AGENCY IN WRITING OR OTHERWISE, TO
RELY ON, OR INQUIRE ABOUT, THE SALARY HISTORY INFORMATION OF AN APPLI-
CANT FOR EMPLOYMENT AS A FACTOR IN DETERMINING WHETHER TO OFFER EMPLOY-
MENT TO AN APPLICANT OR WHAT SALARY TO OFFER AN APPLICANT. NOTHING IN
THIS SUBDIVISION SHALL PREVENT AN APPLICANT FROM VOLUNTARILY AND WITHOUT
PROMPTING DISCLOSING SALARY HISTORY INFORMATION TO A PROSPECTIVE EMPLOY-
ER. IF AN APPLICANT VOLUNTEERS SALARY HISTORY INFORMATION, NOTHING SHALL
PROHIBIT THAT EMPLOYER FROM CONSIDERING OR RELYING ON THAT INFORMATION.
NOTHING IN THIS SUBDIVISION SHALL PROHIBIT AN EMPLOYER, WITHOUT INQUIR-
ING ABOUT SALARY HISTORY, FROM ENGAGING IN DISCUSSION WITH THE APPLICANT
ABOUT THEIR EXPECTATIONS WITH RESPECT TO SALARY, BENEFITS, AND OTHER
COMPENSATION. THIS PARAGRAPH SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN
EMPLOYER, EMPLOYMENT AGENCY, OR EMPLOYEE OR AGENT THEREOF PURSUANT TO
ANY FEDERAL, STATE, OR LOCAL LAW THAT SPECIFICALLY AUTHORIZES THE
DISCLOSURE OR VERIFICATION OF SALARY HISTORY INFORMATION FOR EMPLOYMENT
PURPOSES, OR SPECIFICALLY REQUIRES KNOWLEDGE OF SALARY HISTORY INFORMA-
S. 1506--B 105
TION TO DETERMINE AN EMPLOYEE'S COMPENSATION. THE PROVISIONS OF THIS
PARAGRAPH SHALL NOT BE CONSTRUED TO PREEMPT OR SUPERSEDE ANY LOCAL LAW,
THE PROVISIONS OF WHICH ARE NO LESS STRINGENT OR RESTRICTIVE THAN THE
PROVISIONS OF THIS PARAGRAPH.
§ 2. The section heading and subdivision 1 of section 194 of the labor
law, the section heading as added by chapter 548 of the laws of 1966 and
subdivision 1 as amended by chapter 362 of the laws of 2015, are amended
to read as follows:
Differential in rate of pay because of [sex] PROTECTED CLASS STATUS
prohibited. 1. No employee WHO IS A MEMBER OF A PROTECTED CLASS shall be
paid a wage at a rate less than the rate at which an employee [of the
opposite sex] WHO IS NOT A MEMBER OF THE PROTECTED CLASS in the same
establishment is paid for [equal work on a job the performance of which
requires equal skill, effort and responsibility, and which is performed
under similar working conditions] SUBSTANTIALLY SIMILAR WORK, WHEN
VIEWED AS A COMPOSITE OF SKILL, EFFORT, AND RESPONSIBILITY, AND
PERFORMED UNDER SIMILAR WORKING CONDITIONS, except where payment is made
pursuant to a differential based on:
a. a seniority system;
b. a merit system;
c. a system which measures earnings by quantity or quality of
production; or
d. a bona fide factor other than [sex] THE PROTECTED CLASS STATUS,
such as education, training, or experience. Such factor: (i) shall not
be based upon [or derived from] a [sex-based] differential in compen-
sation THAT WAS ORIGINALLY DERIVED FROM A PROTECTED CLASS STATUS and
(ii) shall be job-related with respect to the position in question and
shall be consistent with business necessity. Such exception under this
paragraph shall not apply when the employee demonstrates (A) that an
employer uses a particular employment practice that causes a disparate
impact on the basis of [sex] PROTECTED CLASS STATUS, (B) that an alter-
native employment practice exists that would serve the same business
purpose and not produce such differential, and (C) that the employer has
refused to adopt such alternative practice.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART R
Intentionally Omitted
PART S
Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
(A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE
PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
(B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
§ 2. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
4. It shall be an unlawful discriminatory practice for an [education
corporation or association which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant to the provisions of
S. 1506--B 106
article four of the real property tax law] EDUCATIONAL INSTITUTION to
deny the use of its facilities to any person otherwise qualified, or to
permit the harassment of any student or applicant, by reason of his
race, color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status, except that any such insti-
tution which establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
§ 3. This act shall take effect immediately.
PART T
Intentionally Omitted
PART U
Intentionally Omitted
PART V
Intentionally Omitted
PART W
Section 1. This act shall be known and may be cited as the "pension
poaching prevention act".
§ 2. Legislative findings and intent. Nationally, veterans and their
family members are often subject to a practice commonly called pension
poaching. This troubling practice, as described in recent reports from
the Federal Trade Commission, the Federal Government Accountability
Office, the United States Department of Veterans Affairs, and several
other entities, generally target elderly or disabled veterans and their
family members. Pension poaching involves dishonest financial planners,
insurance agents, and other professionals luring veterans and their
family members to pay substantial funds for veterans' benefits services
that the offering entity is unqualified to provide and that can detri-
mentally impact the future financial situations of the veteran and his
or her dependents.
Entities engaging in pension poaching tend to use high-pressure sales
tactics directed toward potential customers, falsely guaranteeing bene-
fits for veterans and their families even when the advertising entity
lacks the federal accreditation required by law to file such claims and
appeals for federal veterans' benefits. Often, they persuade veterans
and their family members to abruptly move most or all of their assets to
potentially qualify for certain federal veterans benefits, frequently
causing veterans and their family members to unwittingly lose control
over their assets and adversely affecting the ability of veterans and
their families to qualify for Medicaid and other important benefits in
the future. These entities frequently charge extremely high fees for
these services, even in matters where federal law expressly prohibits
such fees.
Through this legislation, the legislature intends to restrain this
harmful and deceptive practice within New York State, providing neces-
sary protections to the men and women of this state who courageously
served in our nation's armed forces.
§ 3. The general business law is amended by adding a new section 349-f
to read as follows:
S. 1506--B 107
§ 349-F. PENSION POACHING PREVENTION. 1. FOR PURPOSES OF THIS SECTION:
(A) THE TERM "VETERANS' BENEFITS MATTER" MEANS THE PREPARATION, PRES-
ENTATION, OR PROSECUTION OF ANY CLAIM AFFECTING ANY PERSON WHO HAS FILED
OR EXPRESSED AN INTENT TO FILE A CLAIM FOR ANY BENEFIT, PROGRAM,
SERVICE, COMMODITY, FUNCTION, OR STATUS, ENTITLEMENT WHICH IS DETERMINED
UNDER THE LAWS AND REGULATIONS ADMINISTERED BY THE UNITED STATES DEPART-
MENT OF VETERANS AFFAIRS OR THE NEW YORK STATE DIVISION OF VETERANS'
AFFAIRS PERTAINING TO VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND
ANY OTHER PARTY ELIGIBLE FOR SUCH BENEFITS.
(B) THE TERM "COMPENSATION" MEANS MONEY, PROPERTY, OR ANYTHING ELSE OF
VALUE.
(C) THE TERM "ENTITY" INCLUDES, BUT IS NOT LIMITED TO, ANY NATURAL
PERSON, CORPORATION, TRUST, PARTNERSHIP, ALLIANCE, OR UNINCORPORATED
ASSOCIATION.
2. (A) NO ENTITY SHALL RECEIVE COMPENSATION FOR ADVISING OR ASSISTING
ANY PARTY WITH ANY VETERANS' BENEFITS MATTER, EXCEPT AS PERMITTED UNDER
TITLE 38 OF THE UNITED STATES CODE AND THE CORRESPONDING PROVISIONS
WITHIN TITLE 38 OF THE UNITED STATES CODE OF FEDERAL REGULATIONS.
(B) NO ENTITY SHALL RECEIVE COMPENSATION FOR REFERRING ANY PARTY TO
ANOTHER INDIVIDUAL TO ADVISE OR ASSIST THIS PARTY WITH ANY VETERANS'
BENEFITS MATTER.
(C) ANY ENTITY SEEKING TO RECEIVE COMPENSATION FOR ADVISING OR ASSIST-
ING ANY PARTY WITH ANY VETERANS' BENEFITS MATTER SHALL, BEFORE RENDERING
ANY SERVICES, MEMORIALIZE ALL TERMS REGARDING THE PARTY'S PAYMENT OF
FEES FOR SERVICES RENDERED IN A WRITTEN AGREEMENT, SIGNED BY BOTH
PARTIES, THAT ADHERES TO ALL CRITERIA SPECIFIED WITHIN TITLE 38, SECTION
14.636, OF THE UNITED STATES CODE OF FEDERAL REGULATIONS.
(D) NO ENTITY SHALL RECEIVE ANY FEES FOR ANY SERVICES RENDERED BEFORE
THE DATE ON WHICH A NOTICE OF DISAGREEMENT IS FILED WITH RESPECT TO THE
PARTY'S CASE.
(E) NO ENTITY SHALL GUARANTEE, EITHER DIRECTLY OR BY IMPLICATION, THAT
ANY PARTY IS CERTAIN TO RECEIVE SPECIFIC VETERANS' BENEFITS OR THAT ANY
PARTY IS CERTAIN TO RECEIVE A SPECIFIC LEVEL, PERCENTAGE, OR AMOUNT OF
VETERANS' BENEFITS.
(F) NO ENTITY SHALL RECEIVE EXCESSIVE OR UNREASONABLE FEES AS COMPEN-
SATION FOR ADVISING OR ASSISTING ANY PARTY WITH ANY VETERANS' BENEFITS
MATTER. THE FACTORS ARTICULATED WITHIN TITLE 38, SECTION 14.636 OF THE
CODE OF FEDERAL REGULATIONS SHALL GOVERN DETERMINATIONS OF WHETHER A FEE
IS EXCESSIVE OR UNREASONABLE.
3. (A) NO ENTITY SHALL ADVISE OR ASSIST FOR COMPENSATION ANY PARTY
WITH ANY VETERANS' BENEFITS MATTER WITHOUT CLEARLY PROVIDING, AT THE
OUTSET OF THIS BUSINESS RELATIONSHIP, THE FOLLOWING DISCLOSURE, BOTH
ORALLY AND IN WRITING: "THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED
WITH, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK
STATE DIVISION OF VETERANS' AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHAR-
TERED VETERANS SERVICE ORGANIZATION. OTHER ORGANIZATIONS, INCLUDING BUT
NOT LIMITED TO THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS, YOUR
LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER CONGRESSIONALLY CHAR-
TERED VETERANS SERVICE ORGANIZATIONS, MAY BE ABLE TO PROVIDE YOU WITH
THIS SERVICE FREE OF CHARGE. PRODUCTS OR SERVICES OFFERED BY THIS BUSI-
NESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU
MAY QUALIFY FOR OTHER VETERANS' BENEFITS BEYOND THE BENEFITS FOR WHICH
YOU ARE RECEIVING SERVICES HERE." THE WRITTEN DISCLOSURE MUST APPEAR IN
AT LEAST TWELVE-POINT FONT AND MUST APPEAR IN A READILY NOTICEABLE AND
IDENTIFIABLE PLACE IN THE ENTITY'S AGREEMENT WITH THE PARTY SEEKING
SERVICES. THE PARTY MUST VERBALLY ACKNOWLEDGE UNDERSTANDING OF THE ORAL
S. 1506--B 108
DISCLOSURE AND MUST PROVIDE HIS OR HER SIGNATURE TO REPRESENT UNDER-
STANDING OF THESE PROVISIONS ON THE DOCUMENT IN WHICH THE WRITTEN
DISCLOSURE APPEARS. THE ENTITY OFFERING SERVICES MUST RETAIN A COPY OF
THE WRITTEN DISCLOSURE WHILE PROVIDING VETERANS' BENEFITS SERVICES FOR
COMPENSATION TO THE PARTY AND FOR AT LEAST ONE YEAR AFTER THE DATE ON
WHICH THIS SERVICE RELATIONSHIP TERMINATES.
(B) NO ENTITY SHALL ADVERTISE FOR-COMPENSATION SERVICES IN VETERANS
BENEFITS MATTERS WITHOUT INCLUDING THE FOLLOWING DISCLOSURE: "THIS BUSI-
NESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPART-
MENT OF VETERANS AFFAIRS, THE NEW YORK STATE DIVISION OF VETERANS'
AFFAIRS, OR ANY OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGAN-
IZATION. OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE NEW YORK
STATE DIVISION OF VETERANS' AFFAIRS, YOUR LOCAL COUNTY VETERANS SERVICE
AGENCY, AND OTHER CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGANIZA-
TIONS, MAY BE ABLE TO PROVIDE YOU WITH THESE SERVICES FREE OF CHARGE.
PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY
ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER VETER-
ANS' BENEFITS BEYOND THE SERVICES THAT THIS BUSINESS OFFERS." IF THE
ADVERTISEMENT IS PRINTED, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS
VISIBLE TO INTERNET USERS, THE DISCLOSURE MUST APPEAR IN A READILY VISI-
BLE PLACE ON THE ADVERTISEMENT. IF THE ADVERTISEMENT IS VERBAL, THE
SPOKEN STATEMENT OF THE DISCLOSURE MUST BE CLEAR AND INTELLIGIBLE.
4. (A) ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A DECEPTIVE ACT
IN THE CONDUCT OF BUSINESS, TRADE, OR COMMERCE, AND SHALL BE SUBJECT TO
THE PROVISIONS OF SECTION THREE HUNDRED FORTY NINE OF THIS ARTICLE,
INCLUDING ANY RIGHT OF ACTION AND CORRESPONDING PENALTIES DESCRIBED
WITHIN SUCH SECTION.
(B) IF AN ENTITY'S VIOLATION OF THIS SECTION CONCERNS A PARTY WHO IS
SIXTY-FIVE YEARS OF AGE OR OLDER, SAID ENTITY MAY BE LIABLE FOR SUPPLE-
MENTAL CIVIL PENALTIES AS ESTABLISHED WITHIN, AND SUBJECT OF THE TERMS
OF, SECTION THREE HUNDRED FORTY-NINE-C OF THIS ARTICLE.
5. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
OR CIRCUMSTANCE IS EVER HELD INVALID, THE REMAINDER OF THIS ACT OR THE
APPLICATION OF ITS PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES SHALL
REMAIN UNAFFECTED.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
PART X
Section 1. Subdivision 21-f of section 292 of the executive law, as
added by chapter 369 of the laws of 2015, is amended to read as follows:
21-f. The term "pregnancy-related condition" means a medical condition
related to pregnancy or childbirth that inhibits the exercise of a
normal bodily function or is demonstrable by medically accepted clinical
or laboratory diagnostic techniques, INCLUDING BUT NOT LIMITED TO LACTA-
TION; provided, however, that in all provisions of this article dealing
with employment, the term shall be limited to conditions which, upon the
provision of reasonable accommodations, do not prevent the complainant
from performing in a reasonable manner the activities involved in the
job or occupation sought or held; and provided further, however, that
pregnancy-related conditions shall be treated as temporary disabilities
for the purposes of this article.
§ 2. This act shall take effect immediately.
PART Y
S. 1506--B 109
Intentionally Omitted
PART Z
Intentionally Omitted
PART AA
Section 1. The opening paragraph of section 5-211 of the election law,
as amended by chapter 265 of the laws of 2013, is amended to read as
follows:
Each agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this section.
The following offices which provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration agencies:
designated as the state agencies which provide public assistance are the
office of children and family services, the office of temporary and
disability assistance and the department of health. Also designated as
public assistance agencies are all agencies of local government that
provide such assistance. Designated as state agencies that provide
programs primarily engaged in providing services to people with disabil-
ities are the department of labor, office for the aging, division of
veterans' [affairs] SERVICES, office of mental health, office of voca-
tional and educational services for individuals with disabilities,
commission on quality of care for the mentally disabled, office of
mental retardation and developmental disabilities, commission for the
blind, office of alcoholism and substance abuse services, the office of
the advocate for the disabled and all offices which administer programs
established or funded by such agencies. Additional state agencies desig-
nated as voter registration offices are the department of state and the
division of workers' compensation. Such agencies shall be required to
offer voter registration forms to persons upon initial application for
services, renewal or recertification for services and change of address
relating to such services. Such agencies shall also be responsible for
providing assistance to applicants in completing voter registration
forms, receiving and transmitting the completed application form from
all applicants who wish to have such form transmitted to the appropriate
board of elections. The state board of elections shall, together with
representatives of the department of defense, develop and implement
procedures for including recruitment offices of the armed forces of the
United States as voter registration offices when such offices are so
designated by federal law. The state board shall also make request of
the United States Immigration and Naturalization Service to include
applications for registration by mail with any materials which are given
to new citizens. All institutions of the state university of New York
and the city university of New York, shall, at the beginning of the
school year, and again in January of a year in which the president of
the United States is to be elected, provide an application for registra-
tion to each student in each such institution. The state board of
elections may, by regulation, grant a waiver from any or all of the
requirements of this section to any office or program of an agency, if
it determines that it is not feasible for such office or program to
administer such requirement.
S. 1506--B 110
§ 2. Subdivision 8 of section 31 of the executive law, as amended by
section 106 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
8. The division of veterans' [affairs] SERVICES.
§ 2-a. Paragraph (e) of subdivision 1 of section 169 of the executive
law, as amended by section 9 of part A of chapter 60 of the laws of
2012, is amended to read as follows:
(e) chairman of state athletic commission, director of the office of
victim services, chairman of human rights appeal board, chairman of the
industrial board of appeals, chairman of the state commission of
correction, members of the board of parole, member-chairman of unemploy-
ment insurance appeal board, director of veterans' [affairs] SERVICES,
and vice-chairman of the workers' compensation board;
§ 3. Subdivision 1 of section 191 of the executive law, as added by
chapter 285 of the laws of 1995, is amended to read as follows:
1. There is hereby established within the division of military and
naval affairs a temporary advisory committee on the restoration and
display of New York state's military battle flags (hereinafter referred
to as the "committee"). The committee shall have thirteen members as
follows: the adjutant general, the director of the New York state mili-
tary heritage museum, the commissioners of education and parks, recre-
ation and historic preservation and the director of the division of
veterans' [affairs] SERVICES, or their designated representatives, two
members appointed each by the governor, speaker of the assembly and
majority leader of the senate and one member each appointed by the
minority leaders of the senate and assembly and shall serve at the plea-
sure of the appointing authority. Appointed members shall include indi-
viduals with experience in restoration of historical memorabilia, exper-
tise in military history, or a background in historical restoration or
fine arts conservation. No appointed member shall be a member of the
executive, legislative or judicial branch of the state government at the
time of his/her appointment. The advisory committee shall meet at least
four times a year. No members shall receive any compensation, but
members who are not state officials may receive actual and necessary
expenses incurred in the performance of their duties.
§ 4. The article heading of article 17 of the executive law is amended
to read as follows:
VETERANS' [AFFAIRS] SERVICES
§ 5. Subdivisions 1 and 2 of section 350 of the executive law are
amended to read as follows:
1. The term "division" means the division of veterans' [affairs]
SERVICES.
2. The term "state director" means the New York state director of
veterans' [affairs] SERVICES.
§ 6. Section 351 of the executive law is amended to read as follows:
§ 351. Division of veterans' [affairs] SERVICES. There is hereby
created in the executive department a division of veterans' [affairs]
SERVICES. The head of such division shall be the New York state direc-
tor of veterans' [affairs] SERVICES who shall be a veteran. He shall be
appointed by the governor and shall hold office during his pleasure.
Such state director shall receive an annual salary to be fixed by the
governor within the limitation provided by law. He shall also be enti-
tled to receive his expenses actually and necessarily incurred by him in
the performance of his duties. The state director, with the approval of
the governor, may establish such bureaus within the division as are
necessary and appropriate to carrying out its functions and may consol-
S. 1506--B 111
idate or abolish such bureaus. The state director may appoint such offi-
cers, consultants, clerks and other employees and agents as he may deem
necessary, fix their compensation within the limitation provided by law,
and prescribe their duties.
§ 7. The section heading and subdivisions 1 and 5 of section 352 of
the executive law, as amended by chapter 501 of the laws of 1993, are
amended to read as follows:
Veterans' [affairs] SERVICES commission. 1. There shall be in the
division a veterans' [affairs] SERVICES commission, which shall consist
of the members and the ex officio members provided for in this section.
5. The commission shall have power, and it shall be its duty, to
assist the state director in the formulation of policies affecting
veterans and in the coordination of all operations of state agencies
relating to veterans' [affairs] SERVICES.
§ 8. Section 354-a of the executive law, as amended by section 95 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 354-a. Information on status of veterans receiving assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political subdivisions thereof, which provide assistance,
treatment, counseling, care, supervision or custody in service areas
involving health, mental health, family services, criminal justice or
employment, including but not limited to the office of alcoholism and
substance abuse services, office of mental health, office of probation
and correctional alternatives, office of children and family services,
office of temporary and disability assistance, department of health,
department of labor, local workforce investment boards, office for
people with developmental disabilities, and department of corrections
and community supervision, shall request assisted persons to provide
information with regard to their veteran status and military experi-
ences. Individuals identifying themselves as veterans shall be advised
that the division of veterans' [affairs] SERVICES and local veterans'
service agencies established pursuant to section three hundred fifty-
seven of this article provide assistance to veterans regarding benefits
under federal and state law. Information regarding veterans status and
military service provided by assisted persons solely to implement this
section shall be protected as personal confidential information under
article six-A of the public officers law against disclosure of confiden-
tial material, and used only to assist in the diagnosis, treatment,
assessment and handling of the veteran's problems within the agency
requesting such information and in referring the veteran to the division
of veterans' [affairs] SERVICES for information and assistance with
regard to benefits and entitlements under federal and state law.
§ 9. Paragraph (b) of subdivision 1 of section 361-b of the executive
law, as amended by chapter 515 of the laws of 2011, is amended to read
as follows:
(b) "Division" shall mean the state division of veterans' [affairs]
SERVICES.
§ 10. Section 362 of the executive law, as amended by chapter 251 of
the laws of 2004, is amended to read as follows:
§ 362. Creation of annuity. 1. Payment to veterans. a. Any veteran as
defined in this article who has been or is hereafter classified by the
New York State commission for the visually handicapped as a blind person
as defined in section three of chapter four hundred fifteen of the laws
of nineteen hundred thirteen, as amended, and continues to be a blind
person within the meaning of that section, shall, upon application to
S. 1506--B 112
the director of the division of veterans' [affairs] SERVICES, be paid
out of the treasury of the state for such term as such veteran shall be
entitled thereto under the provisions of this article, the sum of one
thousand dollars annually, plus any applicable annual adjustment, as
provided in this section.
b. The entitlement of any veteran to receive the annuity herein
provided shall terminate upon his or her ceasing to continue to be a
resident of and domiciled in the state, but such entitlement may be
reinstated upon application to the director of veterans' [affairs]
SERVICES, if such veteran shall thereafter resume his or her residence
and domicile in the state.
c. The effective date of an award of the annuity to a veteran shall be
the date of receipt of the application therefor by the director of
veterans' [affairs] SERVICES, except that if the application is denied
but is granted at a later date upon an application for reconsideration
based upon new evidence, the effective date of the award of the annuity
to a veteran shall be the date of receipt of the application for recon-
sideration by the director of veterans' [affairs] SERVICES.
2. Payment to widows and widowers of blind veterans. a. The unremar-
ried spouse of a veteran who heretofore has died or the unremarried
spouse of a veteran dying hereafter, such veteran being at the time of
her or his death a recipient of, or eligible for, the benefits above
provided, shall, upon application to the director of veterans' [affairs]
SERVICES, also be paid out of the treasury of the state the sum of one
thousand dollars annually, plus any applicable annual adjustment, for
such term as such unremarried spouse shall be entitled thereto under the
provisions of this article.
b. The entitlement of any widow or widower to receive the annuity
herein provided shall terminate upon her or his death or re-marriage or
upon her or his ceasing to continue to be a resident of and domiciled in
the state of New York, but such entitlement may be reinstated upon
application to the director of veterans' [affairs] SERVICES, if such
widow or widower shall thereafter resume her or his residence and domi-
cile in the state.
c. The effective date of an award of the annuity to a widow or widower
shall be the day after the date of death of the veteran if the applica-
tion therefor is received within one year from such date of death. If
the application is received after the expiration of the first year
following the date of the death of the veteran, the effective date of an
award of the annuity to a widow or widower shall be the date of receipt
of the application by the director of veterans' [affairs] SERVICES. If
an application is denied but is granted at a later date upon an applica-
tion for reconsideration based upon new evidence, the effective date of
the award of the annuity to a widow or widower shall be the date of
receipt of the application for reconsideration by the director of veter-
ans' [affairs] SERVICES.
3. Annual adjustment. Commencing in the year two thousand five, and
for each year thereafter, the amount of any annuity payable under this
section shall be the same amount as the annuity payable in the preceding
year plus a percentage adjustment equal to the annual percentage
increase, if any, for compensation and pension benefits administered by
the United States Department of Veterans' Affairs in the previous year.
Such percentage increase shall be rounded up to the next highest one-
tenth of one percent and shall not be less than one percent nor more
than four percent. Commencing in the year two thousand five, the direc-
tor of veterans' [affairs] SERVICES, not later than February first of
S. 1506--B 113
each year, shall publish by any reasonable means the amount of the annu-
ity as adjusted payable under this section.
§ 10-a. Subdivisions 1 and 2 of section 363 of the executive law,
subdivision 1 as added by chapter 424 of the laws of 1961, and subdivi-
sion 2 as amended by chapter 1052 of the laws of 1971, are amended to
read as follows:
1. The evidence of such service, blindness, residence and domicile, or
of such marriage, widowhood, residence and domicile in each case shall
be furnished in the manner and form prescribed by the director of veter-
ans' [affairs] SERVICES who shall examine the same.
2. Upon being satisfied that such service was performed, that other
facts and statements in the application of such veteran or widow are
true and that the said veteran has been classified by the New York state
commission for the visually handicapped as a blind person, where such
veteran is not receiving or not entitled to receive a benefit from any
existing retirement system to which the state is a contributor, unless
such veteran shall have become disabled by reason of loss of sight,
while engaged in employment entitling him to receive a benefit from any
existing retirement system to which the state is a contributor, and as a
result of such disability has retired from such employment and is
receiving or is entitled to receive a benefit from such retirement
system the director of veterans' [affairs] SERVICES shall certify to the
state comptroller the name and address of such veteran or widow.
§ 10-b. Subdivisions 3 and 5 of section 364 of the executive law,
subdivision 3 as added by chapter 424 of the laws of 1961, and subdivi-
sion 5 as amended by chapter 115 of the laws of 1981, are amended to
read as follows:
3. Where any veteran is disqualified for the annuity for any period
solely by reason of the provisions of subdivision two of this section,
the director of veterans' [affairs] SERVICES shall pay to his [wife] OR
HER SPOUSE, if any, the annuity which such veteran would receive for
that period but for said subdivision two.
5. Where payment of the annuity as hereinbefore authorized is to be
made to a mentally incompetent person or a conservatee, such payment may
be authorized by the director of veterans' [affairs] SERVICES of the
state to be paid only to a duly qualified court-appointed committee or
conservator, legally vested with the care of such incompetent's person
or property or of such conservatee's property, except that in the case
of an incompetent annuitant for whom a committee has not been appointed
or a person under a substantial impairment [within the meaning of the
conservatorship provisions of article seventy-seven of the mental
hygiene law] for whom a conservator has not been appointed and who is
hospitalized in a United States veterans' administration hospital or in
a hospital under the jurisdiction of the state of New York, the director
of veterans' [affairs] SERVICES of the state may in his discretion
certify payment of the annuity, as hereinbefore authorized, to the
manager of such veterans' administration hospital or to the director of
such state hospital for the account of the said incompetent or substan-
tially impaired annuitant.
§ 11. The third undesignated paragraph of subdivision 1 and the open-
ing paragraphs of paragraphs (a) and (b), paragraph (g), the opening
paragraph and clause 6 of subparagraph (ii) of paragraph (h) of subdivi-
sion 2 of section 365 of the executive law, as added by section 5 of
part W of chapter 57 of the laws of 2013, are amended to read as
follows:
S. 1506--B 114
The legislature additionally finds and determines that it is therefore
necessary to provide for the construction and establishment of one or
more New York state veterans cemeteries, and that to thereafter, provide
for the expansion, improvement, support, operation, maintenance and the
provision of perpetual care of all such cemeteries so constructed and
established. The legislature also finds and determines that it is appro-
priate to have the responsibility for the construction, establishment,
expansion, improvement, support, operation, maintenance and the
provision of perpetual care for veterans cemeteries in this state, to be
under the oversight and direction of the state division of veterans
[affairs] SERVICES, and its director, individually, and as chair of the
management board, for each such veterans cemetery so constructed and
established.
The division, in cooperation with the United States department of
veterans affairs, and in consultation with, and upon the support of the
department of state division of cemeteries, is hereby directed to
conduct an investigation and study on the issue of the construction and
establishment of the first New York state [veterans] VETERANS' cemetery.
Such investigation and study shall include, but not be limited to:
Prior to the commencement of the investigation and study pursuant to
paragraph (a) of this subdivision, the director of the division of
veterans' [affairs] SERVICES, the director of the division of the budg-
et, the director of the department of state's division of cemeteries,
and the office of the state comptroller must certify to the governor,
the temporary president of the senate, the speaker of the assembly, the
chair of the senate finance committee and the chair of the assembly ways
and means committee that the veterans remembrance and cemetery mainte-
nance and operation fund, created pursuant to section ninety-seven-mmmm
of the state finance law, contains moneys sufficient, adjusted to
reflect projected future inflation, to fund the operation, maintenance
and the provision of perpetual care of a state veterans' cemetery for a
period of not less than fifteen years, provided that such amount shall
not include any amount that shall be reimbursed or contributed to the
cemetery from the government of the United States or any amount that
would be recoverable by the cemetery pursuant to a charge of fee for the
provision of a grave site for a non-veteran spouse or family member. In
making such a certification, the director of the division of veterans'
[affairs] SERVICES, the director of the division of the budget, the
director of the department of state's division of cemeteries, and the
office of the state comptroller shall consider, but are not limited to,
the following factors:
(g) Nothing in this section shall be construed to authorize the divi-
sion of veterans' [affairs] SERVICES to commence an investigation and
study pursuant to paragraph (a) of this subdivision, issuing a request
for proposals pursuant to paragraph (c) of this subdivision, selecting a
site for the first New York state [veterans] VETERANS' cemetery pursuant
to paragraph (d) of this subdivision, or submitting any application for
funding from the government of the United States in accordance with the
grant requirements specified in section 2408 of title 38 of the United
States code, part 30 of title 38 of the code of federal regulations, and
other relevant federal statutes or regulations, for the purpose of seek-
ing funds to support the construction, establishment, expansion,
improvement, support, operation, maintenance and the provision of
perpetual care of New York state's first [veterans] VETERANS' cemetery
pursuant to paragraph (e) of this subdivision until the funds in the
S. 1506--B 115
veterans remembrance and cemetery maintenance and operation fund have
been certified pursuant to paragraph (b) of this subdivision.
Guidelines and standards for the request for proposals for any local
government desiring to have the first state [veterans] VETERANS' ceme-
tery located within its political subdivision, pursuant to paragraph (b)
of this subdivision, including, but not limited to:
(6) The requirement that a response shall require the local government
to agree to authorize the state of New York, in the event that the local
government fails to perform its obligations under the contract with the
state of New York, that the state director of the division of veterans'
[affairs] SERVICES shall certify to the comptroller any unpaid amounts
or any amounts necessary for the state to assume the obligations which
the local government failed to perform, and the comptroller shall, to
the extent not otherwise prohibited by law, withhold such amount from
any state aid or other amount payable to such local government; to the
extent that sufficient funds are not available for such withholding, the
state may pursue any and all available legal remedies to enforce the
terms of the contract entered into between the state and a local govern-
ment pursuant to this subdivision; and
§ 12. Subdivision 3 of section 369-d of the executive law, as added by
chapter 557 of the laws of 2013, is amended to read as follows:
3. establish and maintain, together with the director of the division
of veterans' [affairs] SERVICES, a program to educate separating service
members as to the benefits available to veterans under this article.
§ 13. Paragraph (c) of subdivision 4 of section 369-i of the executive
law, as added by chapter 22 of the laws of 2014, is amended to read as
follows:
(c) Evaluate and assess availability of firms for the purpose of
increasing participation of such firms in state contracting in consulta-
tion with relevant state entities including, but not limited to, the New
York state division of veterans' [affairs] SERVICES.
§ 14. Subdivision 1 of section 643 of the executive law, as amended by
section 107 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. As used in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals directly
with crime victims, including (a) the office of children and family
services, the office for the aging, the division of [veterans affairs]
VETERANS' SERVICES, the office of probation and correctional alterna-
tives, the department of corrections and community supervision, the
office of victim services, the department of motor vehicles, the office
of vocational rehabilitation, the workers' compensation board, the
department of health, the division of criminal justice services, the
office of mental health, every transportation authority and the division
of state police, and (b) any other agency so designated by the governor
within ninety days of the effective date of this section.
§ 15. Subdivisions 3 and 4 of section 95-f of the state finance law,
as added by chapter 266 of the laws of 2005, are amended to read as
follows:
3. Monies of the fund shall be expended for the provision of veterans'
counseling services provided by local veterans' service agencies pursu-
ant to section three hundred fifty-seven of the executive law under the
direction of the division of veterans' [affairs] SERVICES.
4. To the extent practicable, the director of the division of veter-
ans' [affairs] SERVICES shall ensure that all monies received during a
fiscal year are expended prior to the end of that fiscal year.
S. 1506--B 116
§ 16. The opening paragraph of subdivision 2-a and subdivision 5 of
section 97-mmmm of the state finance law, the opening paragraph of
subdivision 2-a as amended by section 27-c of part UU of chapter 54 of
the laws of 2016, and subdivision 5 as added by section 2 of part W of
chapter 57 of the laws of 2013, are amended to read as follows:
On or before the first day of February each year, the director of the
New York state division of veterans' [affairs] SERVICES shall provide a
written report to the temporary president of the senate, speaker of the
assembly, chair of the senate finance committee, chair of the assembly
ways and means committee, chair of the senate committee on veterans,
homeland security and military affairs, chair of the assembly veterans'
affairs committee, the state comptroller and the public. Such report
shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
5. Moneys shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the director of
the division of [veterans affairs] VETERANS' SERVICES.
§ 17. Subdivision 1, the opening paragraph of subdivision 2-a and
subdivisions 4 and 5 of section 99-v of the state finance law, subdivi-
sions 1, 4 and 5 as added by chapter 428 of the laws of 2014, and the
opening paragraph of subdivision 2-a as amended by section 27-d of part
UU of chapter 54 of the laws of 2016, are amended to read as follows:
1. There is hereby established in the joint custody of the commission-
er of taxation and finance, the New York state director of [veterans
affairs] VETERANS' SERVICES and the comptroller, a special fund to be
known as the "homeless veterans assistance fund".
On or before the first day of February each year, the director of the
New York state division of veterans' [affairs] SERVICES shall provide a
written report to the temporary president of the senate, speaker of the
assembly, chair of the senate finance committee, chair of the assembly
ways and means committee, chair of the senate committee on veterans,
homeland security and military affairs, chair of the assembly veterans'
affairs committee, the state comptroller and the public. Such report
shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
4. Moneys of the fund shall be expended only for the assistance and
care of homeless veterans, for housing and housing-related expenses, as
determined by the division of [veterans affairs] VETERANS' SERVICES.
5. Moneys shall be paid out of the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the New York state
director of [veterans affairs] VETERANS' SERVICES. Any interest
received by the comptroller on moneys on deposit in the homeless veter-
ans assistance fund shall be retained in and become part of such fund.
§ 18. Subdivision 1 of section 168 of the labor law, as amended by
section 117 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. This section shall apply to all persons employed by the state in
the ward, cottage, colony, kitchen and dining room, and guard service
personnel in any hospital, school, prison, reformatory or other institu-
tion within or subject to the jurisdiction, supervision, control or
visitation of the department of corrections and community supervision,
the department of health, the department of mental hygiene, the depart-
ment of social welfare or the division of veterans' [affairs] SERVICES
in the executive department, and engaged in the performance of such
duties as nursing, guarding or attending the inmates, patients, wards or
other persons kept or housed in such institutions, or in protecting and
S. 1506--B 117
guarding the buildings and/or grounds thereof, or in preparing or serv-
ing food therein.
§ 19. Subdivision 3 of section 404-v of the vehicle and traffic law,
as amended by chapter 266 of the laws of 2005, is amended to read as
follows:
3. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon the payment of the regu-
lar registration fee prescribed by section four hundred one of this
article, provided, however, that an additional annual service charge of
fifteen dollars shall be charged for such plate. Such annual service
charge shall be deposited to the credit of the Eighth Air Force Histor-
ical Society fund established pursuant to section ninety-five-f of the
state finance law and shall be used for veterans' counseling services
provided by local veterans' service agencies pursuant to section three
hundred fifty-seven of the executive law under the direction of the
division of veterans' [affairs] SERVICES. Provided, however, that one
year after the effective date of this section funds in the amount of
five thousand dollars, or so much thereof as may be available, shall be
allocated to the department to offset costs associated with the
production of such license plates.
§ 20. Subdivision 3 of section 11-0707 of the environmental conserva-
tion law, as amended by section 92 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
3. Any person who is a patient at any facility in this state main-
tained by the United States Veterans' Administration or at any hospital
or sanitorium for treatment of tuberculosis maintained by the state or
any municipal corporation thereof or resident patient at any institution
of the department of Mental Hygiene, or resident patient at the rehabil-
itation hospital of the department of Health, or at any rest camp main-
tained by the state through the Division of Veterans' [Affairs] SERVICES
in the Executive Department or any inmate of a conservation work camp
within the youth rehabilitation facility of the department of
corrections and community supervision, or any inmate of a youth opportu-
nity or youth rehabilitation center within the Office of Children and
Family Services, any resident of a nursing home or residential health
care facility as defined in subdivisions two and three of section twen-
ty-eight hundred one of the public health law, or any staff member or
volunteer accompanying or assisting one or more residents of such nurs-
ing home or residential health care facility on an outing authorized by
the administrator of such nursing home or residential health care facil-
ity may take fish as if he held a fishing license, except that he may
not take bait fish by net or trap, if he has on his person an authori-
zation upon a form furnished by the department containing such identify-
ing information and data as may be required by it, and signed by the
superintendent or other head of such facility, institution, hospital,
sanitarium, nursing home, residential health care facility or rest camp,
as the case may be, or by a staff physician thereat duly authorized so
to do by the superintendent or other head thereof. Such authorization
with respect to inmates of said conservation work camps shall be limited
to areas under the care, custody and control of the department.
§ 21. Subdivision 5 of section 2805-b of the public health law, as
amended by chapter 64 of the laws of 2016, is amended to read as
follows:
5. The staff of a general hospital shall: (a) inquire whether or not
the person admitted has served in the United States armed forces. Such
information shall be listed on the admissions form; (b) notify any
S. 1506--B 118
admittee who is a veteran of the possible availability of services at a
hospital operated by the veterans administration, and, upon request by
the admittee, such staff shall make arrangements for the individual's
transfer to a veterans administration operated hospital, provided,
however, that transfers shall be authorized only after it has been
determined, according to accepted clinical and medical standards, that
the patient's condition has stabilized and transfer can be accomplished
safely and without complication; and (c) provide any admittee who has
served in the United States armed forces with a copy of the "Information
for Veterans concerning Health Care Options" fact sheet, maintained by
the division of veterans' [affairs] SERVICES pursuant to subdivision
twenty-three of section three hundred fifty-three of the executive law
prior to discharging or transferring the patient. The commissioner shall
promulgate rules and regulations for notifying such admittees of possi-
ble available services and for arranging a requested transfer.
§ 22. Subdivisions 2 and 3 of section 2805-o of the public health law,
subdivision 2 as amended by chapter 95 of the laws of 2004, and subdivi-
sion 3 as added by chapter 158 of the laws of 1993, are amended to read
as follows:
2. Every nursing home and residential health care facility shall in
writing advise all individuals identifying themselves as veterans or
spouses of veterans that the division of veterans' [affairs] SERVICES
and local veterans' service agencies established pursuant to section
three hundred fifty-seven of the executive law to provide assistance to
veterans and their spouses regarding benefits under federal and state
law. Such written information shall include the name, address and tele-
phone number of the New York state division of veterans' [affairs]
SERVICES, the nearest division of veterans' [affairs] SERVICES office,
the nearest county or city veterans' service agency and the nearest
accredited veterans' service officer.
3. Every nursing home and residential health care facility, upon
request of individuals identifying themselves as veterans or spouses of
veterans, shall transmit such veteran status information to the division
of veterans' [affairs] SERVICES.
§ 23. Subdivision 2 of section 3802 of the public health law, as added
by chapter 1135 of the laws of 1971, is amended to read as follows:
2. In the exercise of the foregoing powers and duties the commissioner
shall consult with the director of the division of veterans' [affairs]
SERVICES and the heads of state agencies charged with responsibility for
manpower and health resources.
§ 24. Subdivision 3 of section 3803 of the public health law, as
amended by chapter 743 of the laws of 2006, is amended to read as
follows:
3. In exercising any of his or her powers under this section, the
commissioner shall consult with appropriate health care professionals,
providers, veterans or organizations representing them, the division of
veterans' [affairs] SERVICES, the federal department of veterans'
affairs and the United States defense department.
§ 25. Section 99-v of the general municipal law, as added by chapter
16 of the laws of 2011, is amended to read as follows:
§ 99-v. Veterans [affairs] SERVICES; display of events. Each county,
city, town or village may adopt a local law to provide a bulletin board
to be conspicuously displayed in such county, city, town or village
building holding its local legislative body or municipal offices. Such
bulletin board shall be used by veterans organizations, the New York
state division of veterans' [affairs] SERVICES, the county veterans
S. 1506--B 119
service agency or city veterans service agency to display information
regarding veterans in such county, city, town or village. Such informa-
tion may include, but not be limited to, benefits or upcoming veterans
related events in the community.
§ 26. Subdivision 1-b of section 247 of the military law, as added by
chapter 477 of the laws of 2013, is amended to read as follows:
1-b. The adjutant general is hereby authorized to present in the name
of the legislature of the state of New York, a certificate, to be known
as the "Cold War Certificate", bearing a suitable inscription, to any
person: (i) who is a citizen of the state of New York or (ii) who was a
citizen of the state of New York while serving in the armed forces of
the United States; (iii) who served in the United States Armed Forces
during the period of time from September second, nineteen hundred
forty-five through December twenty-sixth, nineteen hundred ninety-one,
commonly known as the Cold War Era; and (iv) who was honorably
discharged or released under honorable circumstances during the Cold War
Era. Not more than one Cold War Certificate shall be awarded or
presented, under the provisions of this subdivision, to any person whose
entire service subsequent to the time of the receipt of such medal shall
not have been honorable. In the event of the death of any person during
or subsequent to the receipt of such certificate it shall be presented
to such representative of the deceased as may be designated. The adju-
tant general, in consultation with the director of the division of
veterans' [affairs] SERVICES, shall make such rules and regulations as
may be deemed necessary for the proper presentation and distribution of
the certificate.
§ 27. Subdivision 3 of section 14-a of the domestic relations law, as
amended by chapter 297 of the laws of 1963, is amended to read as
follows:
3. No fee shall be charged for any certificate when required by the
veterans administration or by the division of veterans' [affairs]
SERVICES of the state of New York to be used in determining the eligi-
bility of any person to participate in the benefits made available by
the veterans administration or by the state of New York.
§ 28. Subdivision 1 of section 19 of the domestic relations law, as
amended by chapter 674 of the laws of 1985, is amended to read as
follows:
1. Each town and city clerk hereby empowered to issue marriage
licenses shall keep a book supplied by the state department of health in
which such clerk shall record and index such information as is required
therein, which book shall be kept and preserved as a part of the public
records of his office. Whenever an application is made for a search of
such records the city or town clerk, excepting the city clerk of the
city of New York, may make such search and furnish a certificate of the
result to the applicant upon the payment of a fee of five dollars for a
search of one year and a further fee of one dollar for the second year
for which such search is requested and fifty cents for each additional
year thereafter, which fees shall be paid in advance of such search.
Whenever an application is made for a search of such records in the city
of New York, the city clerk of the city of New York may make such search
and furnish a certificate of the result to the applicant upon the
payment of a fee of five dollars for a search of one year and a further
fee of one dollar for the second year for which search is requested and
fifty cents each additional year thereafter. Notwithstanding any other
provision of this article, no fee shall be charged for any search or
certificate when required by the veterans administration or by the divi-
S. 1506--B 120
sion of veterans' [affairs] SERVICES of the state of New York to be used
in determining the eligibility of any person to participate in the bene-
fits made available by the veterans administration or by the state of
New York. All such affidavits, statements and consents, immediately upon
the taking or receiving of the same by the town or city clerk, shall be
recorded and indexed as provided herein and shall be public records and
open to public inspection whenever the same may be necessary or required
for judicial or other proper purposes. At such times as the commissioner
shall direct, the said town or city clerk, excepting the city clerk of
the city of New York, shall file in the office of the state department
of health the original of each affidavit, statement, consent, order of a
justice or judge authorizing immediate solemnization of marriage,
license and certificate, filed with or made before such clerk during the
preceding month. Such clerk shall not be required to file any of said
documents with the state department of health until the license is
returned with the certificate showing that the marriage to which they
refer has been actually performed.
The county clerks of the counties comprising the city of New York
shall cause all original applications and original licenses with the
marriage solemnization statements thereon heretofore filed with each,
and all papers and records and binders relating to such original docu-
ments pertaining to marriage licenses issued by said city clerk, in
their custody and possession to be removed, transferred, and delivered
to the borough offices of the city clerk in each of said counties.
§ 29. Subdivision 1 of section 3308 of the education law, as added by
section 1 of part A of chapter 328 of the laws of 2014, is amended to
read as follows:
1. Each member state shall, through the creation of a state council or
use of an existing body or board, provide for the coordination among its
agencies of government, local educational agencies and military instal-
lations concerning the state's participation in, and compliance with,
this compact and interstate commission activities. In New York, the
state council shall include the commissioner or his or her designee, the
director of the New York state division of veterans' [affairs] SERVICES
or his or her designee, the adjutant general of the state of New York or
his or her designee, a superintendent of a school district with a high
concentration of military children appointed by the commissioner, a
district superintendent of schools of a board of cooperative educational
services serving an area with a high concentration of military children
appointed by the commissioner, a representative from a military instal-
lation appointed by the governor, a representative of military families
appointed by the governor, a public member appointed by the governor and
one representative each appointed by the speaker of the assembly, the
temporary president of the senate and the governor.
§ 30. Subdivision 1 of section 6505-c of the education law, as added
by chapter 106 of the laws of 2003, is amended to read as follows:
1. The commissioner shall develop, jointly with the director of the
division of veterans' [affairs] SERVICES, a program to facilitate artic-
ulation between participation in the military service of the United
States or the military service of the state and admission to practice of
a profession. The commissioner and the director shall identify, review
and evaluate professional training programs offered through either the
military service of the United States or the military service of the
state which may, where applicable, be accepted by the department as
equivalent education and training in lieu of all or part of an approved
program. Particular emphasis shall be placed on the identification of
S. 1506--B 121
military programs which have previously been deemed acceptable by the
department as equivalent education and training, programs which may
provide, where applicable, equivalent education and training for those
professions which are critical to public health and safety and programs
which may provide, where applicable, equivalent education and training
for those professions for which shortages exist in the state of New
York.
§ 31. Paragraph 5 of subdivision (b) of section 5.06 of the mental
hygiene law, as added by section 2 of part N of chapter 56 of the laws
of 2012, is amended to read as follows:
(5) one member appointed on the recommendation of the state director
of the division of veterans' [affairs] SERVICES and one member appointed
on the recommendation of the adjutant general of the division of mili-
tary and naval affairs, at least one of whom shall be a current or
former consumer of mental health services or substance use disorder
services who is a veteran who has served in a combat theater or combat
zone of operations and is a member of a veterans organization;
§ 31-a. Subdivision (i) of section 19.07 of the mental hygiene law, as
added by chapter 358 of the laws of 2013, is amended to read as follows:
(i) The office of alcoholism and substance abuse services shall peri-
odically, in consultation with the state director of veterans' [affairs]
SERVICES: (1) review the programs operated by the office to ensure that
the needs of the state's veterans who served in the U.S. armed forces
and who are recovering from alcohol and/or substance abuse are being met
and to develop improvements to programs to meet such needs; and (2) in
collaboration with the state director of veterans' [affairs] SERVICES
and the commissioner of the office of mental health, review and make
recommendations to improve programs that provide treatment, rehabili-
tation, relapse prevention, and recovery services to veterans who have
served in a combat theatre or combat zone of operations and have a
co-occurring mental health and alcoholism or substance abuse disorder.
§ 31-b. Subdivision 15 of section 202 of the elder law, as amended by
chapter 455 of the laws of 2016, is amended to read as follows:
15. to periodically, in consultation with the state director of veter-
ans' [affairs] SERVICES, review the programs operated by the office to
ensure that the needs of the state's aging veteran population are being
met and to develop improvements to programs to meet such needs; and
§ 32. Paragraph (j) of subdivision 3 of section 20 of the social
services law, as added by chapter 407 of the laws of 2016, is amended to
read as follows:
(j) to ensure the provision, on any form required to be completed at
application or recertification for the purpose of obtaining financial
assistance pursuant to this chapter, the form shall contain a check-off
question asking whether the applicant or recipient or a member of his or
her family served in the United States military, and an option to answer
in the affirmative. Where the applicant or recipient answers in the
affirmative to such question, the office of temporary and disability
assistance shall ensure that contact information for the state division
of veterans' [affairs] SERVICES is provided to such applicant or recipi-
ent, in addition to any other materials provided.
§ 33. Paragraph (g) of section 202 of the not-for-profit corporation
law, as added by chapter 407 of the laws of 2016, is amended to read as
follows:
(g) Every corporation receiving any kind of state funding shall ensure
the provision on any form required to be completed at application or
recertification for the purpose of obtaining financial assistance pursu-
S. 1506--B 122
ant to this chapter, that the application form shall contain a check-off
question asking whether the applicant or recipient or a member of his or
her family served in the United States military, and an option to answer
in the affirmative. Where the applicant or recipient answers in the
affirmative to such question, the not-for-profit corporation shall
ensure that contact information for the state division of veterans'
[affairs] SERVICES is provided to such applicant or recipient in addi-
tion to any other materials provided.
§ 34. Paragraph (b) of section 1401 of the not-for-profit corporation
law, as amended by chapter 675 of the laws of 2004, is amended to read
as follows:
(b) Removal of remains from private cemeteries to other cemeteries.
The supervisor of any town containing a private cemetery may remove any
body interred in such cemetery to any other cemetery within the town, if
the owners of such cemeteries and the next of kin of the deceased
consent to such removal. The owners of a private cemetery may remove the
bodies interred therein to any other cemetery within such town, or to
any cemetery designated by the next of kin of the deceased. Notice of
such removal shall be given within twenty days before such removal
personally or by certified mail to the next of kin of the deceased if
known and to the clerk and historian of the county in which such real
property is situated and notice shall be given to the New York state
department of state, division of cemeteries. If any of the deceased are
known to be veterans, the owners shall also notify the division of
veterans' [affairs] SERVICES. In the absence of the next of kin, the
county clerk, county historian or the division of veterans' [affairs]
SERVICES may act as a guardian to ensure proper reburial.
§ 35. Subdivision 10 of section 458 of the real property tax law, as
added by chapter 426 of the laws of 2014, is amended to read as follows:
10. The commissioner shall develop in consultation with the director
of the New York state division of veterans' [affairs] SERVICES a listing
of documents to be used to establish eligibility under this section,
including but not limited to a certificate of release or discharge from
active duty also known as a DD-214 form or an Honorable Service
Certificate/Report of Causality from the department of defense. Such
information shall be made available to each county, city, town or
village assessor's office, or congressional chartered veterans service
officers who request such information. The listing of acceptable mili-
tary records shall be made available on the internet websites of the
division of veterans' [affairs] SERVICES and the office of real property
tax services.
§ 36. Subdivision 9 of section 458-a of the real property tax law, as
added by chapter 426 of the laws of 2014, is amended to read as follows:
9. The commissioner shall develop in consultation with the director of
the New York state division of veterans' [affairs] SERVICES a listing of
documents to be used to establish eligibility under this section,
including but not limited to a certificate of release or discharge from
active duty also known as a DD-214 form or an Honorable Service
Certificate/Report of Causality from the department of defense. Such
information shall be made available to each county, city, town or
village assessor's office, or congressional chartered veterans service
officers who request such information. The listing of acceptable mili-
tary records shall be made available on the internet websites of the
division of veterans' [affairs] SERVICES and the office of real property
tax services.
S. 1506--B 123
§ 37. Subdivision 8 of section 458-b of the real property tax law, as
added by chapter 426 of the laws of 2014, is amended to read as follows:
8. The commissioner shall develop in consultation with the director of
the New York state division of veterans' [affairs] SERVICES a listing of
documents to be used to establish eligibility under this section,
including but not limited to a certificate of release or discharge from
active duty also known as a DD-214 form or an Honorable Service
Certificate/Report of Causality from the department of defense. Such
information shall be made available to each county, city, town or
village assessor's office, or congressional chartered veterans service
officers who request such information. The listing of acceptable mili-
tary records shall be made available on the internet websites of the
division of veterans' [affairs] SERVICES and the office of real property
tax services.
§ 38. Subdivision 1 of section 20 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency act of 1951, as
amended by section 85 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
1. There is hereby continued in the division of military and naval
affairs in the executive department a state civil defense commission to
consist of the same members as the members of the disaster preparedness
commission as established in article two-B of the executive law. In
addition, the superintendent of financial services, the chairman of the
workers' compensation board and the director of the division of veter-
ans' [affairs] SERVICES shall be members. The governor shall designate
one of the members of the commission to be the chairman thereof. The
commission may provide for its division into subcommittees and for
action by such subcommittees with the same force and effect as action by
the full commission. The members of the commission, except for those who
serve ex officio, shall be allowed their actual and necessary expenses
incurred in the performance of their duties under this article but shall
receive no additional compensation for services rendered pursuant to
this article.
§ 39. Paragraph 2 of subdivision b of section 31-102 of the adminis-
trative code of the city of New York, as added by local law number 113
of the city of New York for the year 2015, is amended to read as
follows:
2. links to websites describing veteran employment services provided
by the federal government and New York state government, including, but
not limited to, the websites of the United States department of labor,
the New York state department of labor, the United States department of
veterans affairs, and the New York state division of veterans' [affairs]
SERVICES; and
§ 40. Subdivision a of section 3102 of the New York city charter, as
added by local law number 113 of the city of New York for the year 2015,
is amended to read as follows:
a. Except as otherwise provided by law, the commissioner shall have
such powers as provided by the director of the state veterans' service
agency and shall have the duty to inform military and naval authorities
of the United States and assist members of the armed forces and veter-
ans, who are residents of the city, and their families, in relation to:
(1) matters pertaining to educational training and retraining services
and facilities, (2) health, medical and rehabilitation service and
facilities, (3) provisions of federal, state and local laws and regu-
lations affording special rights and privileges to members of the armed
forces and veterans and their families, (4) employment and re-employment
S. 1506--B 124
services, and (5) other matters of similar, related or appropriate
nature. The commissioner shall also assist families of members of the
reserve components of the armed forces and the organized militia ordered
into active duty to ensure that they are made aware of and are receiving
all appropriate support available to them. The department also shall
perform such other duties as may be assigned by the state director of
the division of veterans' [affairs] SERVICES.
§ 41. The section heading and subdivision 1 of section 352 of the
executive law, as amended by chapter 501 of the laws of 1993, are
amended to read as follows:
Veterans' [affairs] SERVICES commission. 1. There shall be in the
division a veterans' [affairs] SERVICES commission, which shall consist
of the members and the ex officio members provided for in this section.
§ 42. Subdivision 1 of section 359 of the executive law, as amended by
chapter 196 of the laws of 2009, is amended to read as follows:
1. A local director shall designate the location of the local and
branch offices of the local veterans' service agency within his juris-
diction, which offices shall be open during convenient hours. The cost
of maintenance and operation of a county veterans' service agency shall
be a county charge and the cost of maintenance and operation of a city
veterans' service agency shall be a city charge, excepting that the
state director with the approval of the veterans' [affairs] SERVICES
commission shall allot and pay, from state moneys made available to him
for such purposes, to each county veterans' service agency and each city
veterans' service agency, an amount equal to fifty per centum of its
expenditures for maintenance and operation approved by the state direc-
tor, provided that in no event shall the amount allotted and paid for
such approved expenditures incurred in any given year exceed (1) in the
case of any county veterans' service agency in a county having a popu-
lation of not more than one hundred thousand or in the case of any city
veterans' service agency in a city having a population of not more than
one hundred thousand, the sum of ten thousand dollars, nor (2) in the
case of any county veterans' service agency in a county having a popu-
lation in excess of one hundred thousand excluding the population of any
city therein which has a city veterans' service agency, the sum of ten
thousand dollars, and, in addition thereto, the sum of five thousand
dollars for each one hundred thousand, or major portion thereof, of the
population of the county in excess of one hundred thousand excluding the
population of any city therein which has a city veterans' service agen-
cy, nor (3) in the case of any city veterans' service agency in a city
having a population in excess of one hundred thousand, the sum of ten
thousand dollars, and, in addition thereto, the sum of five thousand
dollars for each one hundred thousand, or major portion thereof, of the
population of the city in excess of one hundred thousand. Such popu-
lation shall be certified in the same manner as provided by section
fifty-four of the state finance law.
§ 43. Terms occurring in laws, contracts and other documents. Whenev-
er the functions, powers, obligations, duties and officials relating to
the division of veterans' affairs, the veterans' affairs commission or
the director of veterans' affairs is referred to or designated in any
other law, regulation, contract or document, such reference or desig-
nation shall be deemed to refer to the appropriate functions, powers,
obligations, duties, officials and director of the division of veterans'
services or the veterans' services commission, as designated by this
act.
S. 1506--B 125
§ 44. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
§ 45. 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.
§ 46. This act shall take effect immediately; provided, however, that
the amendments to paragraph (c) of subdivision 4 of section 369-i of the
executive law made by section thirteen of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.
PART BB
Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
paragraph a of subdivision 3 of section 667 of the education law, as
amended by section 1 of part U of chapter 56 of the laws of 2014, is
amended to read as follows:
(c) For students first receiving aid in two thousand--two thousand one
and thereafter, five thousand [dollars, except starting in two thousand
fourteen-two thousand fifteen and thereafter such students shall receive
five thousand one] THREE hundred [sixty-five] TEN dollars; or
§ 2. Section 689-a of the education law, as added by chapter 260 of
the laws of 2011, is amended to read as follows:
§ 689-a. Tuition credits. 1. The New York state higher education
services corporation shall calculate a tuition credit for each resident
undergraduate student who has filed an application with such corporation
for a tuition assistance program award pursuant to section six hundred
sixty-seven of this article, and is determined to be eligible to receive
such award, and is also enrolled in a program of undergraduate study at
a state operated or senior college of the state university of New York
or the city university of New York where the annual resident undergradu-
ate tuition rate will exceed five thousand THREE HUNDRED TEN dollars.
Such tuition credit shall be calculated for each semester, quarter or
term of study that tuition is charged and tuition for the corresponding
semester, quarter or term shall not be due for any student eligible to
receive such tuition credit until such credit is calculated, the student
and school where the student is enrolled is notified of the tuition
credit amount, and such tuition credit is applied toward the tuition
charged.
2. Each tuition credit pursuant to this section shall be an amount
equal to the product of the total annual resident undergraduate tuition
rate minus five thousand THREE HUNDRED TEN dollars then multiplied by an
amount equal to the product of the total annual award for the student
pursuant to section six hundred sixty-seven of this article divided by
an amount equal to the maximum amount the student qualifies to receive
pursuant to clause (A) of subparagraph (i) of paragraph a of subdivision
three of section six hundred sixty-seven of this article.
S. 1506--B 126
§ 3. Clause (D) of subparagraph (ii) of paragraph a of subdivision 3
of section 667 of the education law, as amended by section 1 of part B
of chapter 60 of the laws of 2000, is amended to read as follows:
(D) Eighteen thousand dollars or Nine hundred eighty dollars
more, but not more than plus twelve per centum of
[eighty] ONE HUNDRED TEN excess over eighteen
thousand dollars thousand dollars
§ 4. Subparagraph (vi) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
(vi) For the two thousand two--two thousand three academic year and
thereafter, the award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) or (iii) of this paragraph but the award shall not be
reduced below [five hundred] SEVEN HUNDRED FIFTY dollars.
§ 5. This act shall take effect June 1, 2019; provided however that
the amendments to section 689-a of the education law made by section two
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
PART CC
Section 1. Section 6541 of the education law is amended by adding a
new subdivision 4 to read as follows:
4. IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, EACH PHYSICIAN ASSISTANT SHALL PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE PHYSICIAN ASSISTANT PRACTICES AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 2. Section 6548 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, EACH SPECIALIST ASSISTANT SHALL PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE SPECIALIST ASSISTANT PRACTICES AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
S. 1506--B 127
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 3. Subdivisions 7 and 8 of section 6554 of the education law, subdi-
vision 7 as added by chapter 987 of the laws of 1971 and subdivision 8
as amended by chapter 62 of the laws of 1989, are amended and a new
subdivision 9 is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for an
initial license, a fee of eighty-five dollars for each reexamination, a
fee of one hundred fifteen dollars for an initial license for persons
not requiring admission to a department conducted examination, and a fee
of one hundred fifty-five dollars for each triennial registration peri-
od[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE CHIROPRACTOR PRACTICES AND OTHER INFOR-
MATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH
EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE
DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 4. Subdivisions 7 and 8 of section 6604 of the education law, subdi-
vision 7 as added by chapter 987 of the laws of 1971 and subdivision 8
as amended by chapter 62 of the laws of 1989, are amended and a new
subdivision 9 is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of two hundred twenty dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of one hundred fifteen dollars for each reexamination, a
fee of one hundred thirty-five dollars for an initial license for
persons not requiring admission to a department conducted examination,
and a fee of two hundred ten dollars for each triennial registration
period[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE DENTIST PRACTICES AND OTHER INFORMATION
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS
RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT,
SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A
PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH
TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE
S. 1506--B 128
LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE
ADDRESS FOR SUCH REGISTRY.
§ 5. Subdivisions 4 and 5 of section 6608-b of the education law,
subdivision 4 as amended by chapter 300 of the laws of 2006 and subdivi-
sion 5 as amended by chapter 565 of the laws of 1995, are amended and a
new subdivision 6 is added to read as follows:
(4) Education and experience: (A) have received a high school diploma,
or its equivalent, and (B) have successfully completed, in accordance
with the commissioner's regulations, (i) an approved one-year course of
study in dental assisting in a degree-granting institution or a board of
cooperative educational services program which includes at least two
hundred hours of clinical experience, or an equivalent approved course
of study in dental assisting in a non-degree granting institution which
shall not be a professional association or professional organization or
(ii) an alternate course of study in dental assisting acceptable to the
department which shall be provided by a degree-granting institution or a
board of cooperative educational services program which includes at
least one thousand hours of relevant work experience; [and]
(5) Examination: pass an examination given by an organization which
administers examinations for certifying dental assistants and which is
acceptable to the department[.]; AND
(6) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE CERTIFIED DENTAL ASSISTANT PRACTICES AND
OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC-
TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING
IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 6. Subdivisions 7 and 8 of section 6609 of the education law, subdi-
vision 7 as added by chapter 987 of the laws of 1971 and subdivision 8
as amended by chapter 62 of the laws of 1989, are amended and a new
subdivision 9 is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of fifty dollars for each reexamination, a fee of seventy
dollars for an initial license for persons not requiring admission to a
department conducted examination, and a fee of fifty dollars for each
triennial registration period[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE DENTAL HYGIENIST PRACTICES AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
S. 1506--B 129
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC-
TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING
IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 7. Subdivision 6 of section 6632 of the education law, as added by
chapter 409 of the laws of 2013, is amended and a new subdivision 7 is
added to read as follows:
6. [Fee] FEE: pay a fee determined by the department for an initial
license and for each triennial registration period[.]; AND
7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE LICENSED PERFUSIONIST PRACTICES AND
OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 8. Subdivisions f and g of section 6734 of the education law, subdi-
vision f as added by chapter 618 of the laws of 1980 and subdivision g
as amended by chapter 62 of the laws of 1989, are amended and a new
subdivision h is added to read as follows:
f. Character: be of good moral character as determined by the depart-
ment; [and]
g. Fees: pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for an
initial license; a fee of eighty-five dollars for each reexamination; a
fee of one hundred fifteen dollars for an initial license for persons
not requiring admission to a department conducted examination; and a fee
of one hundred fifty-five dollars for each triennial registration peri-
od[.]; AND
H. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE PHYSICAL THERAPIST PRACTICES AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
S. 1506--B 130
§ 9. Subdivision g of section 6740 of the education law, as amended by
chapter 62 of the laws of 1989, is amended and a new subdivision h is
added to read as follows:
g. Fees: pay a fee for an initial certificate of forty-five dollars,
and for the biennial registration period ending December thirty-first,
nineteen hundred eighty-two a fee of twenty dollars and a fee of fifty
dollars for each triennial registration period[.]; AND
H. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE PHYSICAL THERAPIST ASSISTANT PRACTICES
AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA-
TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE,
DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN
CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON
REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION,
INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 10. Paragraphs 7 and 8 of subdivision 1 of section 6805 of the
education law, paragraph 7 as added by chapter 987 of the laws of 1971
and paragraph 8 as amended by chapter 62 of the laws of 1989, are
amended and a new paragraph 9 is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for an
initial license, a fee of eighty-five dollars for each re-examination, a
fee of one hundred fifteen dollars for an initial license for persons
not requiring admission to a department conducted examination, and a fee
of one hundred fifty-five dollars for each triennial registration peri-
od[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE PHARMACIST PRACTICES AND OTHER INFORMA-
TION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 11. Subdivisions 7 and 8 of section 6905 of the education law,
subdivision 7 as amended by chapter 994 of the laws of 1971 and such
section as renumbered by chapter 50 of the laws of 1972, and subdivision
8 as amended by chapter 62 of the laws of 1989, are amended and a new
subdivision 9 is added to read as follows:
S. 1506--B 131
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of forty-five dollars for each reexamination, a fee of
seventy dollars for an initial license for persons not requiring admis-
sion to a department conducted examination, and a fee of fifty dollars
for each triennial registration period[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE REGISTERED PROFESSIONAL NURSE PRACTICES,
WHETHER THE REGISTERED PROFESSIONAL NURSE IS CERTIFIED TO PRACTICE AS A
CLINICAL NURSE SPECIALIST UNDER SECTION SIXTY-NINE HUNDRED ELEVEN OF
THIS ARTICLE, AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 12. Subdivisions 7 and 8 of section 6906 of the education law,
subdivision 7 as amended by chapter 330 of the laws of 1981 and subdivi-
sion 8 as amended by chapter 62 of the laws of 1989, are amended and a
new subdivision 8-a is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of forty-five dollars for each reexamination, a fee of
seventy dollars for an initial license for persons not requiring admis-
sion to a department conducted examination, and a fee of fifty dollars
for each triennial registration period[.]; AND
(8-A) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A
CONDITION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND
THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION
REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE
ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO,
THE LOCATION AND TYPE OF SETTING WHEREIN THE LICENSED PRACTICAL NURSE
PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 13. Section 6955 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
S. 1506--B 132
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE MIDWIFE PRACTICES AND OTHER INFORMATION
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS
RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPART-
MENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON
A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH
TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE
LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE
ADDRESS FOR SUCH REGISTRY.
§ 14. Section 7004 of the education law is amended by adding a new
subdivision 10 to read as follows:
(10) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A
CONDITION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND
THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION
REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE
ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO,
THE LOCATION AND TYPE OF SETTING WHEREIN THE PODIATRIST PRACTICES,
WHETHER THE PODIATRIST HAS BEEN ISSUED A PRIVILEGE TO PERFORM PODIATRIC
STANDARD ANKLE SURGERY PURSUANT TO SECTION SEVEN THOUSAND NINE OF THIS
ARTICLE, AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 15. Subdivisions 7 and 8 of section 7104 of the education law,
subdivision 7 as added by chapter 987 of the laws of 1971 and subdivi-
sion 8 as amended by chapter 517 of the laws of 1995, are amended and a
new subdivision 9 is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of two hundred twenty dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of one hundred fifteen dollars for each reexamination, a
fee of one hundred thirty-five dollars for an initial license for
persons not requiring admission to a department conducted examination,
and a fee of two hundred ten dollars for each triennial registration
period, and for additional authorization for the purpose of utilizing
diagnostic pharmaceutical agents, a fee of sixty dollars[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE OPTOMETRIST PRACTICES AND OTHER INFORMA-
TION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
S. 1506--B 133
FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 16. Paragraphs 7 and 8 of subdivision a of section 7124 of the
education law, paragraph 7 as amended by chapter 475 of the laws of 1973
and paragraph 8 as amended by chapter 62 of the laws of 1989, are
amended and a new paragraph 9 is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of forty-five dollars for each reexamination, a fee of
fifty dollars for an initial license for persons not requiring admission
to a department conducted examination, and a fee of fifty dollars for
each triennial registration period[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE OPHTHALMIC DISPENSER PRACTICES, WHETHER
THE OPHTHALMIC DISPENSER IS PERMITTED TO FIT CONTACT LENSES, AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC-
TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING
IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 17. Subdivisions 7 and 8 of section 7603 of the education law,
subdivision 7 as added by chapter 987 of the laws of 1971 and subdivi-
sion 8 as amended by chapter 62 of the laws of 1989, are amended and a
new subdivision 9 is added to read as follows:
(7) Character: be of good moral character as determined by the depart-
ment; [and]
(8) Fees: pay a fee of one hundred seventy dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of eighty-five dollars for each reexamination, a fee of
one hundred fifteen dollars for an initial license for persons not
requiring admission to a department conducted examination, and a fee of
one hundred fifty-five dollars for each triennial registration
period[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE
OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF
HEALTH AND THE OFFICE OF MENTAL HEALTH TO EVALUATE ACCESS TO NEEDED
SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND
TYPE OF SETTING WHEREIN THE PSYCHOLOGIST PRACTICES AND OTHER INFORMATION
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE
OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
S. 1506--B 134
CONSULTATION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH, SHALL
MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY
ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL
REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE
REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS
FOR SUCH REGISTRY.
§ 18. Paragraphs (f) and (g) of subdivision 1 of section 7704 of the
education law, paragraph (f) as added by chapter 420 of the laws of 2002
and paragraph (g) as amended by section 2 of part J of chapter 57 of the
laws of 2005, are amended and a new paragraph (h) is added to read as
follows:
(f) Character: be of good moral character as determined by the depart-
ment; [and]
(g) Fees: pay a fee of one hundred fifteen dollars to the department
for an initial license, and a fee of one hundred fifty-five dollars for
each triennial registration period. An additional surcharge in the
amount of five dollars shall be paid with each triennial registration
fee and shall be used for the marketing and evaluation of the regents
licensed social worker loan forgiveness program established by section
six hundred five of this chapter[.]; AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE
OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, AS IS NECESSARY TO
ENABLE THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS
APPROPRIATE TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUD-
ING, BUT NOT LIMITED, TO THE LOCATION AND TYPE OF SETTING WHEREIN THE
LICENSED MASTER SOCIAL WORKER PRACTICES AND OTHER INFORMATION THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE OFFICE OF
MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND
ANY OTHER STATE AGENCY AS APPROPRIATE, DEEMS RELEVANT. THE DEPARTMENT OF
HEALTH, IN CONSULTATION WITH THE DEPARTMENT, THE OFFICE OF MENTAL
HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY
OTHER STATE AGENCY AS APPROPRIATE, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 19. Paragraphs (f) and (g) of subdivision 2 of section 7704 of the
education law, paragraph (f) as added by chapter 420 of the laws of 2002
and paragraph (g) as amended by chapter 230 of the laws of 2004, are
amended and a new paragraph (h) is added to read as follows:
(f) Character: be of good moral character as determined by the depart-
ment; [and]
(g) Fees: pay a fee of one hundred fifteen dollars to the department
for an initial license and a fee of one hundred fifty-five dollars for
each triennial registration period[.]; AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE
S. 1506--B 135
OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES AND ANY OTHER STATE AGENCY AS APPROPRIATE, AS IS NECESSARY TO
ENABLE THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY OTHER STATE AGENCY AS
APPROPRIATE TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUD-
ING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE
LICENSED CLINICAL SOCIAL WORKER PRACTICES AND OTHER INFORMATION THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, THE OFFICE OF
MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND
ANY OTHER STATE AGENCY AS APPROPRIATE, DEEMS RELEVANT. THE DEPARTMENT OF
HEALTH, IN CONSULTATION WITH THE DEPARTMENT, THE OFFICE OF MENTAL
HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND ANY
OTHER STATE AGENCY AS APPROPRIATE, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 20. Subdivisions 6 and 7 of section 7804 of the education law, as
amended by chapter 230 of the laws of 1997, are amended and a new subdi-
vision 8 is added to read as follows:
(6) Character: be of good moral character as determined by the depart-
ment; [and]
(7) Fees: pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of forty-five dollars for each reexamination, a fee of
fifty dollars for an initial license for persons not requiring admission
to a department conducted examination, and a fee of fifty dollars for
each triennial registration period[.]; AND
(8) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUD-
ING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE
MASSAGE THERAPIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPART-
MENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH
DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE
WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION,
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL
PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN
AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 21. Section 7904 of the education law is amended by adding a new
subdivision 9 to read as follows:
(9) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE OCCUPATIONAL THERAPIST SHALL PROVIDE TO THE DEPARTMENT, AND
THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION
REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE
ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO,
THE LOCATION AND TYPE OF SETTING WHEREIN THE OCCUPATIONAL THERAPIST
PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
S. 1506--B 136
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 22. Subdivisions (f) and (g) of section 7904-a of the education law,
as added by chapter 470 of the laws of 2015, are amended and a new
subdivision (h) is added to read as follows:
(f) pay a fee for an initial license and a fee for each triennial
registration period that shall be one-half of the fee for initial
license and for each triennial registration period established for occu-
pational therapists; [and]
(g) except as otherwise provided by subdivision two of section seven-
ty-nine hundred seven of this article, pass an examination acceptable to
the department[.]; AND
(H) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH
INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE
DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING
WHEREIN THE OCCUPATIONAL THERAPY ASSISTANT PRACTICES AND OTHER INFORMA-
TION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH
EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE
DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 23. Subdivision 5 of section 8004 of the education law, as added by
chapter 635 of the laws of 1991, is amended and a new subdivision 6 is
added to read as follows:
5. Be at least eighteen years of age[.]; AND
6. IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE CERTIFIED DIETITIAN OR CERTIFIED NUTRITIONIST SHALL PROVIDE TO
THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND
DOCUMENTATION REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH
TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT
LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE CERTIFIED
DIETITIAN OR CERTIFIED NUTRITIONIST PRACTICES AND OTHER INFORMATION THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELE-
VANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT,
SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A
PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH
TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE
LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE
ADDRESS FOR SUCH REGISTRY.
§ 24. Subdivisions 6 and 7 of section 8206 of the education law,
subdivision 6 as amended by chapter 43 of the laws of 1983 and subdivi-
sion 7 as amended by chapter 62 of the laws of 1989, are amended and a
new subdivision 8 is added to read as follows:
(6) Character: be of good moral character as determined by the depart-
ment; [and]
S. 1506--B 137
(7) Fees: pay a fee of one hundred forty dollars to the department for
admission to a department conducted examination and for an initial
license, a fee of seventy dollars for each reexamination, a fee of one
hundred fifteen dollars for an initial license for persons not requiring
admission to a department conducted examination, and a fee of one
hundred fifty-five dollars for each triennial registration period[.];
AND
(8) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLO-
GIST PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH,
IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 25. Subdivision 8 of section 8214 of the education law, as added by
chapter 772 of the laws of 1990, is amended and a new subdivision 9 is
added to read as follows:
(8) Registration: if a license is granted, register triennially with
the department, including present home and business address and such
other pertinent information as the department requires[.]; AND
(9) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE ACUPUNCTURIST PRACTICES AND OTHER INFOR-
MATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH
EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE
DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 26. Subdivisions 5 and 6 of section 8355 of the education law, as
added by section 798 of the laws of 1992, are amended and a new subdivi-
sion 7 is added to read as follows:
5. Age: be at least twenty-one years of age; [and]
6. Fees: pay a fee for an initial certificate of one hundred dollars
to the department; and a fee of fifty dollars for each triennial regis-
tration period[.]; AND
7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE INCLUDING, BUT NOT LIMITED TO, THE LOCATION
S. 1506--B 138
AND TYPE OF SETTING WHEREIN THE CERTIFIED ATHLETIC TRAINER PRACTICES AND
OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNC-
TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING
IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 27. Paragraphs (f) and (g) of subdivision 3 of section 8402 of the
education law, paragraph (f) as added by chapter 676 of the laws of 2002
and paragraph (g) as amended by chapter 210 of the laws of 2004, are
amended and a new paragraph (h) is added to read as follows:
(f) Character: Be of good moral character as determined by the depart-
ment; [and]
(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
license and a fee of one hundred seventy dollars for each triennial
registration period[.]; AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL
HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING,
BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING WHEREIN THE
LICENSED MENTAL HEALTH COUNSELOR PRACTICES AND OTHER INFORMATION THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE OFFICE
OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA-
TION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL HEALTH, SHALL MAKE
SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY
ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL
REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE LIFE
REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS
FOR SUCH REGISTRY.
§ 28. Paragraphs (f) and (g) of subdivision 3 of section 8403 of the
education law, paragraph (f) as added by chapter 676 of the laws of 2002
and paragraph (g) as amended by chapter 210 of the laws of 2004, are
amended and a new paragraph (h) is added to read as follows:
(f) Character: Be of good moral character as determined by the depart-
ment; [and]
(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
license and a fee of one hundred seventy dollars for each triennial
registration period[.]; AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE
OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF
HEALTH AND THE OFFICE OF MENTAL HEALTH TO EVALUATE ACCESS TO NEEDED
SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND
TYPE OF SETTING WHEREIN THE LICENSED MARRIAGE AND FAMILY THERAPIST PRAC-
TICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT.
THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT AND THE
OFFICE OF MENTAL HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE,
S. 1506--B 139
DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN
CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON
REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION,
INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 29. Paragraphs (f) and (g) of subdivision 3 of section 8404 of the
education law, paragraph (f) as added by chapter 676 of the laws of 2002
and paragraph (g) as amended by chapter 210 of the laws of 2004, are
amended and a new paragraph (h) is added to read as follows:
(f) Character: Be of good moral character as determined by the depart-
ment; [and]
(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
license and a fee of one hundred seventy dollars for each triennial
registration period[.]; AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE
OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF
HEALTH AND THE OFFICE OF METAL HEALTH TO EVALUATE ACCESS TO NEEDED
SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND
TYPE OF SETTING WHEREIN THE CREATIVE ARTS THERAPIST PRACTICES AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT
OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL
HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM
ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH
TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE
LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE
ADDRESS FOR SUCH REGISTRY.
§ 30. Paragraphs (f) and (g) of subdivision 3 of section 8405 of the
education law, paragraph (f) as added by chapter 676 of the laws of 2002
and paragraph (g) as amended by chapter 210 of the laws of 2004, are
amended and a new paragraph (h) is added to read as follows:
(f) Character: Be of good moral character as determined by the depart-
ment; [and]
(g) Fees: Pay a fee of one hundred seventy-five dollars for an initial
license and a fee of one hundred seventy dollars for each triennial
registration period[.]; AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND THE
OFFICE OF MENTAL HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF
HEALTH AND THE OFFICE OF MENTAL HEALTH TO EVALUATE ACCESS TO NEEDED
SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND
TYPE OF SETTING WHEREIN THE LICENSED PSYCHOANALYST PRACTICES AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH AND THE OFFICE OF MENTAL HEALTH, DEEMS RELEVANT. THE DEPARTMENT
OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT AND THE OFFICE OF MENTAL
HEALTH, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED FORM
ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION WITH EACH
TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN THE DONATE
S. 1506--B 140
LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE WEBSITE
ADDRESS FOR SUCH REGISTRY.
§ 31. Subdivisions 6 and 7 of section 8504 of the education law, as
added by chapter 817 of the laws of 1992, are amended and a new subdivi-
sion 8 is added to read as follows:
6. Character: be of good moral character as determined by the depart-
ment; [and]
7. Fees: pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for an
initial license; a fee of eighty-five dollars for each re-examination; a
fee of one hundred fifteen dollars for an initial license for persons
not requiring admission to a department conducted examination and a fee
of one hundred fifty-five dollars for each triennial registration period
commencing on and after June first, nineteen hundred ninety-three[.];
AND
8. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE RESPIRATORY THERAPIST PRACTICES AND
OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 32. Subdivisions 6 and 7 of section 8510 of the education law, as
added by chapter 817 of the laws of 1992, are amended and a new subdivi-
sion 8 is added to read as follows:
6. Character: be of good moral character as determined by the depart-
ment; [and]
7. Fees: pay a fee of ninety dollars to the department for admission
to a department conducted examination and for an initial license; a fee
of sixty dollars for each re-examination; a fee of fifty dollars for an
initial license for persons not requiring admission to a department
conducted examination and a fee of ninety dollars for each triennial
registration period commencing on and after June first, nineteen hundred
ninety-three[.]; AND
8. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE RESPIRATORY THERAPY TECHNICIAN PRACTICES
AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA-
TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE,
DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN
CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON
S. 1506--B 141
REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION,
INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 33. Paragraphs (e) and (f) of subdivision 1 of section 8605 of the
education law, as added by chapter 755 of the laws of 2004, are amended
and a new paragraph (g) is added to read as follows:
(e) Character: be of good moral character as determined by the depart-
ment; [and]
(f) Fees: pay a fee of one hundred seventy-five dollars for an initial
license and a fee of one hundred seventy dollars for each triennial
registration period[.]; AND
(G) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE CLINICAL LABORATORY TECHNOLOGIST PRAC-
TICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 34. Paragraphs (e) and (f) of subdivision 2 of section 8605 of the
education law, as added by chapter 755 of the laws of 2004, are amended
and a new paragraph (g) is added to read as follows:
(e) Character: be of good moral character as determined by the depart-
ment; [and]
(f) Fees: pay a fee of one hundred seventy-five dollars for an initial
license and a fee of one hundred seventy dollars for each triennial
registration period[.]; AND
(G) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE CYTOTECHNOLOGIST PRACTICES AND OTHER
INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 35. Subdivisions 5 and 6 of section 8606 of the education law, as
added by chapter 755 of the laws of 2004, are amended and a new subdivi-
sion 7 is added to read as follows:
5. Character: be of good moral character as determined by the depart-
ment; [and]
6. Fees: pay a fee of one hundred twenty-five dollars for an initial
certification and a fee of one hundred twenty dollars for each triennial
registration period[.]; AND
S. 1506--B 142
7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE CLINICAL LABORATORY TECHNICIAN PRACTICES
AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA-
TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE,
DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN
CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON
REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION,
INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 36. Subdivisions 5 and 6 of section 8606-a of the education law, as
added by chapter 204 of the laws of 2008, are amended and a new subdivi-
sion 7 is added to read as follows:
5. Character: be of good moral character as determined by the depart-
ment; [and]
6. Fees: pay a fee of one hundred twenty-five dollars for an initial
certification and a fee of one hundred twenty dollars for each triennial
registration period[.]; AND
7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE HISTOLOGICAL TECHNICIAN PRACTICES AND
OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 37. Subdivision 6 of section 8705 of the education law, as added by
chapter 495 of the laws of 2001, is amended and a new subdivision 7 is
added to read as follows:
6. Fee: pay a fee of three hundred dollars to the department for
admission to a department conducted examination for licensure, a fee of
one hundred fifty dollars for licensure with special competency in the
first specialty and twenty-five dollars for each additional specialty,
and a fee of three hundred dollars for each biennial registration peri-
od[.]; AND
7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE PROFESSIONAL MEDICAL PHYSICIST PRACTICES
AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPART-
MENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTA-
S. 1506--B 143
TION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE,
DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN
CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON
REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION,
INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 38. Paragraphs (f) and (g) of subdivision 1 of section 8804 of the
education law, as added by chapter 554 of the laws of 2013, are amended
and a new paragraph (h) is added to read as follows:
(f) Character: be of good moral character as determined by the depart-
ment and submit an attestation of moral character; [and]
(g) Fee: pay a fee of one hundred fifty dollars for an initial license
and a fee of seventy-five dollars for each triennial registration peri-
od[.]; AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE CERTIFIED BEHAVIORAL ANALYST ASSISTANT
PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 39. Paragraphs (f) and (g) of subdivision 2 of section 8804 of the
education law, as added by chapter 554 of the laws of 2013, are amended
and a new paragraph (h) is added to read as follows:
(f) Character: be of good moral character as determined by the depart-
ment and submit an attestation of moral character; [and]
(g) Fee: pay a fee of two hundred dollars for an initial license and a
fee of one hundred dollars for each triennial registration period[.];
AND
(H) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS
NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
AND TYPE OF SETTING WHEREIN THE LICENSED BEHAVIOR ANALYST PRACTICES AND
OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDITIONALLY, IN CONJUNCTION
WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING IN
THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 40. Section 8852 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
TION OF EACH TRIENNIAL REGISTRATION, THE DEPARTMENT SHALL COLLECT AND A
S. 1506--B 144
PATHOLOGIST ASSISTANT SHALL PROVIDE SUCH INFORMATION AND DOCUMENTATION
REQUIRED BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH, AS IS NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE
ACCESS TO NEEDED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO,
THE LOCATION AND TYPE OF SETTING WHEREIN THE PATHOLOGISTS' ASSISTANT
PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN
AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE. ADDI-
TIONALLY, IN CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE
INFORMATION ON REGISTERING IN THE DONATE LIFE REGISTRY FOR ORGAN AND
TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
§ 41. This act shall take effect on the one hundred eightieth day
after it shall have become a law.
PART DD
Section 1. Legislative findings. The legislature finds that the State
University of New York at Albany ("University") is in the process of
developing 12 neighboring acres on the W. Averell Harriman State Office
Building Campus to build the 245,000-square-foot Emerging Technology and
Entrepreneurship Complex ("ETEC"). This ETEC development is part of a
long-term development strategy of the University as part of the NYSUNY
2020 Challenge Grant Program. ETEC will house the University's College
of Emergency Preparedness, Homeland Security and Cybersecurity, the
Department of Atmospheric and Environmental Sciences, the Atmospheric
Sciences Research Center and other University academic departments, as
well as the New York State Mesonet weather-detection system. As part of
this effort, the University wishes to lease a portion of the space with-
in ETEC to non-New York State entities, including businesses, to enable
collaboration, research commercialization, and real world experiential
learning opportunities for students.
The legislature further finds that granting the trustees of the State
University of New York the authority and power to lease and otherwise
contract a portion of the ETEC will promote the mission of the new
facility to help the state be better prepared for emerging threats of
extreme weather and terrorism.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are authorized and empowered to delegate to the University
the authorization and empowerment to lease or otherwise contract to
tenants with interests that are in alignment with the academic and
research mission of the University. The University under this authori-
zation shall be permitted to lease or otherwise contract up to 15,000
square feet of space and facilities at ETEC, without any public bidding.
Any lease or contract of such space and facilities at ETEC may be
subject to applicable approvals of the office of the attorney general
and office of the state comptroller for revenue contracts. Such leases
or contracts shall be for periods not to exceed 50 years and shall be
conditioned upon any terms and conditions determined to be necessary by
the state university trustees.
§ 3. Any leases entered into by the University pursuant to section two
of this act shall be considered revenue contracts of the University and
subject to review and approval by the office of the attorney general and
office of the state comptroller as required for revenue contracts at the
S. 1506--B 145
time of execution of said leases. All proceeds from said leases to shall
be deposited into accounts of the University.
§ 4. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 5. This act shall take effect immediately.
PART EE
Section 1. Section 802 of the general business law, as added by chap-
ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
2 as added by chapter 301 of the laws of 2000, is amended to read as
follows:
§ 802. Special provisions; not-for-profit sales. 1. [No] EXCEPT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION, NO otolaryngologist or
other licensed physician who has conducted a medical evaluation of hear-
ing loss shall engage in the business of dispensing hearing aids for a
profit. No otolaryngologist or other licensed physician who has
dispensed a hearing aid shall refuse or fail to perform repairs or
service on any hearing aid that they have dispensed.
2. Every licensed physician who engages in the dispensing of hearing
aids in compliance with the provisions of this section shall be required
to comply with sections seven hundred ninety-one, seven hundred ninety-
eight and eight hundred three of this article, in addition to compliance
with this section.
3. AN AUDIOLOGIST OR HEARING AID DISPENSER LICENSED UNDER ARTICLE ONE
HUNDRED FIFTY-NINE OF THE EDUCATION LAW EMPLOYED BY AN OTOLARYNGOLOGIST
WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS MAY DISPENSE
HEARING AIDS FOR PROFIT PROVIDED THAT THE OTOLARYNGOLOGIST WHO HAS
CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A
LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN-
SERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY IN WHICH
THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED AND A WRITTEN STATEMENT
DISCLOSING THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT FROM
THE SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST FEWER
THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE
OTOLARYNGOLOGIST IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST PROVIDE TO
THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF THE HEAR-
ING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN WHICH
THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
§ 2. This act shall take effect immediately.
PART FF
Section 1. Subdivision 2 of section 220 of the labor law, as amended
by chapter 678 of the laws of 2007, is amended to read as follows:
2. [Each] EVERY contract [to which the state or a public benefit
corporation or a municipal corporation or a commission appointed pursu-
ant to law is a party, and any contract for public work entered into by
a third party acting in place of, on behalf of and for the benefit of
such public entity pursuant to any lease, permit or other agreement
between such third party and the public entity, and which may involve
the employment of laborers, workers or mechanics] FOR PUBLIC WORK shall
contain a stipulation that no laborer, worker or mechanic in the employ
of the contractor, subcontractor or other person doing or contracting to
do the whole or a part of the work contemplated by the contract shall be
S. 1506--B 146
permitted or required to work more than eight hours in any one calendar
day or more than five days in any one week except in cases of extraor-
dinary emergency including fire, flood or danger to life or property. No
such person shall be so employed more than eight hours in any day or
more than five days in any one week except in such emergency. Extraor-
dinary emergency within the meaning of this section shall be deemed to
include situations in which sufficient laborers, workers and mechanics
cannot be employed to carry on public work expeditiously as a result of
such restrictions upon the number of hours and days of labor and the
immediate commencement or prosecution or completion without undue delay
of the public work is necessary in the judgment of the commissioner for
the preservation of the contract site and for the protection of the life
and limb of the persons using the same. Upon the application of any
person interested, the commissioner shall make a determination as to
whether or not on any public project or on all public projects in any
area of this state, sufficient laborers, workers and mechanics of any or
all classifications can be employed to carry on work expeditiously if
their labor is restricted to eight hours per day and five days per week,
and in the event that the commissioner determines that there are not
sufficient workers, laborers and mechanics of any or all classifications
which may be employed to carry on such work expeditiously if their labor
is restricted to eight hours per day and five days per week, and the
immediate commencement or prosecution or completion without undue delay
of the public work is necessary in the judgment of the commissioner for
the preservation of the contract site and for the protection of the life
and limb of the persons using the same, the commissioner shall grant a
dispensation permitting all laborers, workers and mechanics, or any
classification of such laborers, workers and mechanics, to work such
additional hours or days per week on such public project or in such
areas the commissioner shall determine. Whenever such a dispensation is
granted, all work in excess of eight hours per day and five days per
week shall be considered overtime work, and the laborers, workers and
mechanics performing such work shall be paid a premium wage commensurate
with the premium wages prevailing in the area in which the work is
performed. No such dispensation shall be effective with respect to any
public work unless and until the department of jurisdiction, as defined
in this section, certifies to the commissioner that such public work is
of an important nature and that a delay in carrying it to completion
would result in serious disadvantage to the public. Time lost in any
week because of inclement weather by employees engaged in the
construction, reconstruction and maintenance of highways outside of the
limits of cities and villages may be made up during that week and/or the
succeeding three weeks.
§ 2. Subdivision 5 of section 220 of the labor law is amended by
adding four new paragraphs m, n, o and p to read as follows:
M. FOR THE PURPOSES OF THIS ARTICLE, "PUBLIC WORK" MEANS ANY OF THE
FOLLOWING:
(I) CONSTRUCTION PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS;
(II) CONSTRUCTION WORK PERFORMED UNDER PRIVATE CONTRACT WHEN ALL OF
THE FOLLOWING CONDITIONS EXIST:
(A) THE CONSTRUCTION CONTRACT IS BETWEEN PRIVATE PARTIES;
(B) THE PROPERTY SUBJECT TO THE CONSTRUCTION CONTRACT IS PRIVATELY
OWNED, BUT UPON COMPLETION OF THE CONSTRUCTION WORK, ANY PORTION OF THE
PROPERTY IS LEASED OR WILL BE LEASED TO THE STATE OR ANY PUBLIC ENTITY,
AND ONE OF THE FOLLOWING CONDITIONS EXIST:
S. 1506--B 147
(1) THE PUBLIC ENTITY ENTERED INTO OR BARGAINED FOR THE LEASE AGREE-
MENT PRIOR TO THE CONSTRUCTION CONTRACT; OR
(2) THE CONSTRUCTION WORK IS PERFORMED ACCORDING TO PLANS, SPECIFICA-
TIONS, OR CRITERIA FURNISHED BY THE PUBLIC ENTITY, AND THE LEASE AGREE-
MENT BETWEEN THE LESSOR AND PUBLIC ENTITY, AS LESSEE, IS ENTERED INTO
DURING, OR UPON COMPLETION OF, THE CONSTRUCTION WORK, OR WITHIN SIX
MONTHS FOLLOWING COMPLETION OF THE CONSTRUCTION WORK; OR
(III) CONSTRUCTION WORK PERFORMED ON PROPERTY OWNED BY A PUBLIC ENTITY
IN WHOLE OR IN PART OR WILL BE OWNED OR MAINTAINED BY A PUBLIC ENTITY IN
WHOLE OR IN PART UPON COMPLETION OF THE PROJECT.
(IV) FOR THE PURPOSES OF THIS ARTICLE, "PUBLIC WORK" SHALL NOT MEAN
ANY OF THE FOLLOWING:
(A) CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPER-
TY IS THE OWNER'S PRIMARY RESIDENCE OR CONSTRUCTION WORK DONE ON PROPER-
TY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
UNITS;
(B) CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NON-PROFIT AS
DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW
WHERE THE VALUE OF THE PUBLIC FUNDS PROVIDED TO THE NON-PROFIT FOR THE
PROJECT IS LESS THAN ONE HUNDRED THOUSAND DOLLARS AND THE NON-PROFIT HAS
GROSS ANNUAL REVENUE AND SUPPORT LESS THAN ONE MILLION DOLLARS; OR
(C) CONSTRUCTION WORK PERFORMED ON A MULTIPLE DWELLING WHERE NO LESS
THAN SEVENTY-FIVE PERCENT OF THE RESIDENTIAL UNITS ARE AFFORDABLE FOR
HOUSEHOLDS UP TO SIXTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, PROVIDED HOWEVER, THAT ANY CONSTRUCTION PERFORMED
ON NON-RESIDENTIAL SPACE IN CONNECTION WITH A MULTIPLE DWELLING PROJECT
SHALL BE CONSIDERED PUBLIC WORK IF IT MEETS ANY OF THE CRITERIA IN THIS
PARAGRAPH. FURTHER, ANY CONSTRUCTION WORK PERFORMED ON A PROJECT ELIGI-
BLE FOR BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
PROPERTY TAX LAW SHALL NOT BE CONSIDERED PUBLIC WORK FOR THE PURPOSES OF
THIS ARTICLE.
N. "PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS" MEANS ALL OF THE
FOLLOWING:
(I) THE PAYMENT OF MONEY OR THE EQUIVALENT OF MONEY, INCLUDING THE
ISSUANCE OF BONDS AND GRANTS, BY THE STATE OR A PUBLIC ENTITY, OR A
THIRD PARTY ACTING ON BEHALF OF AND FOR THE BENEFIT OF THE STATE OR
PUBLIC ENTITY, DIRECTLY TO OR ON BEHALF OF THE PUBLIC WORKS CONTRACTOR,
SUBCONTRACTOR, OR DEVELOPER.
(II) PERFORMANCE OF CONSTRUCTION WORK BY THE STATE OR ANY PUBLIC ENTI-
TY IN THE EXECUTION OF THE PROJECT.
(III) TRANSFER BY THE STATE OR A PUBLIC ENTITY OF AN ASSET OF VALUE
FOR LESS THAN FAIR MARKET VALUE.
(IV) FEES, COSTS, RENTS, INSURANCE OR BOND PREMIUMS, LOANS, INTEREST
RATES, TAXES, OR OTHER OBLIGATIONS THAT WOULD NORMALLY BE REQUIRED IN
THE EXECUTION OF THE PROJECT, THAT ARE PAID, REDUCED, CHARGED AT LESS
THAN FAIR MARKET VALUE, WAIVED, OR FORGIVEN BY THE STATE OR PUBLIC ENTI-
TY.
(V) MONEY LOANED BY THE STATE OR PUBLIC ENTITY THAT IS TO BE REPAID ON
A CONTINGENT BASIS.
(VI) CREDITS THAT ARE APPLIED BY THE STATE OR PUBLIC ENTITY AGAINST
REPAYMENT OBLIGATIONS TO THE STATE OR PUBLIC ENTITY.
O. "PUBLIC ENTITY" INCLUDES, BUT IS NOT LIMITED TO, THE STATE, A
LOCAL DEVELOPMENT CORPORATION AS DEFINED IN SUBDIVISION EIGHT OF SECTION
EIGHTEEN HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN
HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, MUNICIPAL CORPO-
S. 1506--B 148
RATION AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL
MUNICIPAL LAW, INDUSTRIAL DEVELOPMENT AGENCIES FORMED PURSUANT TO ARTI-
CLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT
AUTHORITIES FORMED PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES
LAW, EDUCATIONAL CORPORATION ESTABLISHED UNDER ARTICLE FIFTY-SIX OF THE
EDUCATION LAW, COMMISSION APPOINTED PURSUANT TO LAW, AS WELL AS STATE,
LOCAL AND INTERSTATE AND INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
BY ANY SUCH ENTITIES.
P. (I) "CONSTRUCTION" INCLUDES, BUT IS NOT LIMITED TO, DEMOLITION,
RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, INSTALLATION, RENO-
VATION, ALTERATION, AND CUSTOM FABRICATION. "CONSTRUCTION" ALSO INCLUDES
WORK PREFORMED DURING THE DESIGN AND PRECONSTRUCTION PHASES OF
CONSTRUCTION, INCLUDING BUT NOT LIMITED TO, INSPECTION AND LAND SURVEY-
ING WORK AND WORK PERFORMED DURING THE POST-CONSTRUCTION PHASES OF
CONSTRUCTION, INCLUDING, BUT NOT LIMITED TO, ALL CLEANUP WORK AT THE
JOBSITE. "CONSTRUCTION" ALSO INCLUDES THE DELIVERY TO AND HAULING FROM
THE JOBSITE OF AGGREGATE SUPPLY CONSTRUCTION MATERIALS, SUCH AS SAND,
GRAVEL, STONE, DIRT, FILL, AS WELL AS ANY NECESSARY RETURN HAULS, WHETH-
ER EMPTY OR LOADED.
(II) FOR THE PURPOSES OF THIS ARTICLE, "CUSTOM FABRICATION" MEANS THE
FABRICATION AND ALL DRAFTING RELATED TO THE FABRICATION OF ALL MASONRY
PANELS, WOODWORK, CASES, CABINETS, OR COUNTERS, AND THE FABRICATION OF
PLUMBING, HEATING, COOLING, VENTILATION, OR EXHAUST DUCT SYSTEMS, AND
MECHANICAL INSULATION SOLELY AND SPECIFICALLY DESIGNED AND ENGINEERED
FOR INSTALLATION IN THE CONSTRUCTION, REPAIR, OR RENOVATION OF A BUILD-
ING, REGARDLESS OF WHERE THE CUSTOM FABRICATION IS PERFORMED. THE APPLI-
CABLE PREVAILING WAGE FOR ANY OFF-SITE CUSTOM FABRICATION WORK SHALL BE
THE ON-SITE PREVAILING WAGE FOR THE PUBLIC WORK SITE.
§ 3. The labor law is amended by adding a new section 224-a to read as
follows:
§ 224-A. STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED PURSUANT TO
THIS ARTICLE, OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI-
GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION WITH THE
PERFORMANCE OF ANY CONTRACT FOR PUBLIC WORK, HAS SUBSTANTIALLY AND MATE-
RIALLY FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS OF
THIS ARTICLE, THE COMMISSIONER MAY NOTIFY SUCH PERSON IN WRITING OF HIS
OR HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE SHALL (I) BE
SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
CIVIL PRACTICE LAW AND RULES; (II) NOTIFY SUCH PERSON OF HIS OR HER
RIGHT TO A HEARING; AND (III) STATE THE FACTUAL BASIS UPON WHICH THE
COMMISSIONER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
ANY DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI-
SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A REASONABLE TIME BEFORE
THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
FOLLOWING THE HEARING, IF THE COMMISSIONER ISSUES A STOP-WORK ORDER,
IT SHALL BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY
TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
OF ANY OF SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH
REGARD TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS
LOCATION AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE
COMMISSIONER DIRECTS THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL
DETERMINATION ON THE COMPLAINT OR WHERE SUCH FAILURE TO COMPLY OR EVADE
HAS BEEN DEEMED CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER IS
ISSUED SHALL WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER
MAKES AN APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF
S. 1506--B 149
SUCH ORDER THE COMMISSIONER SHALL MAKE A DECISION IN WRITING ON THE
ISSUES RAISED IN SUCH APPLICATION. THE COMMISSIONER MAY DIRECT A CONDI-
TIONAL RELEASE FROM A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON
HAS TAKEN MEANINGFUL AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS
OF THIS ARTICLE.
§ 4. This act shall take effect immediately.
PART GG
Section 1. Subdivision 1 of section 1735 of the public authorities
law, as amended by chapter 67 of the laws of 2014, is amended to read as
follows:
1. Notwithstanding the provisions of paragraph b of subdivision one of
section seventeen hundred thirty-four of this title, the award of
construction contracts by the authority between July first, nineteen
hundred eighty-nine and June thirtieth, two thousand [nineteen] TWENTY-
FOUR, shall not be subject to the provisions of section one hundred one
of the general municipal law.
§ 2. Section 19 of chapter 738 of the laws of 1988, amending the
administrative code of the city of New York, the public authorities law
and other laws relating to establishing the New York city school
construction authority, as amended by chapter 67 of the laws of 2014, is
amended to read as follows:
§ 19. This act shall take effect immediately, provided, however, that
the provisions of subdivision 6 of section 209 of the civil service law,
as added by section four of this act, shall expire and be deemed
repealed on and after June 30, 1995, and further provided that the
provisions of section 1735 of the public authorities law, as added by
section fourteen of this act, shall expire and be deemed repealed on
June 30, [2019] 2024.
§ 3. This act shall take effect immediately; provided that the amend-
ments made to subdivision 1 of section 1735 of the public authorities
law by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
PART HH
Section 1. Short title. This act shall be known and may be cited as
the "New York state YouthBuild act".
§ 2. Legislative intent. The legislature seeks to support economically
disadvantaged youth, especially youth who have not finished high school,
to obtain the education, work experience skills training, personal coun-
seling, leadership development skills training, job placement assist-
ance, and long-term follow-up services necessary for them to achieve
permanent economic self-sufficiency, while at the same time providing
valuable community service that addresses urgent community needs includ-
ing the demand for affordable housing and the need for young role models
and mentors for younger teenagers and children.
The legislature further intends to foster the development of leader-
ship skills and a commitment to community development among youth and to
ensure maximum educational achievement of program participants through
high school diploma or the equivalent attainment and transition to
institutions of higher education, where appropriate.
The legislature further intends to provide communities the opportunity
to establish or rebuild neighborhood stability in economically depressed
and low-income areas, as well as historic areas requiring restoration or
S. 1506--B 150
preservation, while providing economically disadvantaged youth and youth
who have not finished high school an opportunity for a meaningful
participation in society.
The legislature further intends to allow communities to expand the
supply of affordable housing for homeless and other low-income individ-
uals by utilizing the energies and talents of economically disadvantaged
youth and young people who have not graduated from high school.
The legislature also intends to foster the development of leadership
skills and a commitment to community development among youth.
§ 3. The labor law is amended by adding a new section 42-a to read as
follows:
§ 42-A. YOUTHBUILD; PROGRAM REQUIREMENTS SERVICES. 1. THE COMMISSION-
ER IS AUTHORIZED, SUBJECT TO AMOUNTS MADE AVAILABLE BY APPROPRIATION, TO
MAKE GRANTS TO ELIGIBLE APPLICANTS FOR THE PURPOSE OF CARRYING OUT
YOUTHBUILD PROGRAMS AS APPROVED UNDER THIS SECTION. ALL PROGRAMS FUNDED
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL USE FUNDS AVAILABLE
PURSUANT TO THIS SECTION TO PROVIDE THE FOLLOWING SERVICES:
A. THE TRAINING COSTS FOR THE REHABILITATION OR CONSTRUCTION OF HOUS-
ING AND RELATED FACILITIES TO BE USED FOR THE PURPOSE OF PROVIDING
HOMEOWNERSHIP FOR DISADVANTAGED PERSONS, RESIDENTIAL HOUSING FOR HOME-
LESS INDIVIDUALS, AND LOW-INCOME AND VERY LOW-INCOME FAMILIES, OR TRAN-
SITIONAL HOUSING FOR PERSONS WHO ARE HOMELESS, HAVE DISABILITIES, ARE
ILL, ARE DEINSTITUTIONALIZED, OR HAVE SPECIAL NEEDS, OR THE REHABILI-
TATION OR CONSTRUCTION OF COMMUNITY FACILITIES OWNED BY NOT-FOR-PROFIT
PUBLIC AGENCIES.
B. THE COST OF PROVIDING TRAINING AND PLACEMENT IN THE GROWING EMPLOY-
MENT SECTORS OF HEALTHCARE AND TECHNOLOGY.
C. THE COST OF INTEGRATED EDUCATION AND WORK EXPERIENCE SKILLS TRAIN-
ING SERVICES AND ACTIVITIES WHICH ARE EVENLY DIVIDED WITHIN THE PROGRAM
SHALL INCLUDE THE FOLLOWING ELEMENTS:
(1) AN EDUCATION COMPONENT WHICH INCLUDES: BASIC SKILLS INSTRUCTION,
SECONDARY EDUCATION SERVICES, AND OTHER ACTIVITIES DESIGNED TO LEAD TO
THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT. THE CURRIC-
ULUM FOR THIS COMPONENT SHALL INCLUDE MATH, LANGUAGE ARTS, VOCATIONAL
EDUCATION, LIFE SKILLS TRAINING, SOCIAL STUDIES RELATED TO THE CULTURAL
AND COMMUNITY HISTORY OF THE STUDENTS, LEADERSHIP SKILLS, AND OTHER
TOPICS AT THE DISCRETION OF THE PROGRAMS; AND
(2) A WORK EXPERIENCE AND SKILLS TRAINING COMPONENT PRE-APPRENTICESHIP
PROGRAM THAT INCLUDES CONSTRUCTION AND REHABILITATION ACTIVITIES
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION. THE PROCESS OF
CONSTRUCTION MUST BE COUPLED WITH WORK EXPERIENCE SKILLS TRAINING AND
WITH CLOSE ON-SITE SUPERVISION BY EXPERIENCED TRAINERS. THE CURRICULUM
FOR THIS COMPONENT SHALL CONTAIN A SET OF LOCALLY AGREED UPON SKILLS AND
COMPETENCIES THAT ARE SYSTEMATICALLY TAUGHT, WITH STUDENTS' MASTERY
ASSESSED INDIVIDUALLY ON A REGULAR, ONGOING BASIS. THE WORK EXPERIENCE
AND SKILLS TRAINING COMPONENT SHALL BE COORDINATED TO THE MAXIMUM EXTENT
FEASIBLE WITH PREAPPRENTICESHIP PROGRAMS, AND APPRENTICESHIP PROGRAMS
AUTHORIZED UNDER ARTICLE TWENTY-THREE OF THIS CHAPTER.
D. THE COST OF COUNSELING SERVICES DESIGNED TO ASSIST PARTICIPANTS TO
POSITIVELY PARTICIPATE IN SOCIETY, WHICH SHOULD INCLUDE ALL OF THE
FOLLOWING IF NECESSARY: OUTREACH, ASSESSMENT, AND ORIENTATION; INDIVID-
UAL AND PEER COUNSELING; LIFE SKILLS TRAINING; DRUG AND ALCOHOL ABUSE
EDUCATION AND PREVENTION; AND REFERRAL TO APPROPRIATE DRUG REHABILI-
TATION, MEDICAL, MENTAL HEALTH, LEGAL, HOUSING, AND OTHER SERVICES AND
RESOURCES IN THE COMMUNITY.
S. 1506--B 151
2. A TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND THAT SHALL BE NO
LESS THAN MINIMUM WAGE MUST BE PROVIDED TO PROGRAM PARTICIPANTS FOR THE
TIME SPENT AT THE WORKSITE IN CONSTRUCTION TRAINING, HEALTH CARE OR
INFORMATION TECHNOLOGY SERVICES. STIPENDS AND WAGES MAY BE DISTRIBUTED
IN A MANNER THAT OFFERS INCENTIVES FOR GOOD PERFORMANCE.
A. FULL TIME PARTICIPATION IN A YOUTHBUILD PROGRAM SHALL BE OFFERED
FOR A PERIOD OF NOT LESS THAN SIX MONTHS AND NOT MORE THAN TWENTY-FOUR
MONTHS.
B. A CONCENTRATED EFFORT, FOR THOSE PARTICIPANTS WHO CHOOSE NOT TO
IMMEDIATELY ENROLL IN AN INSTITUTION OF HIGHER EDUCATION, SHALL BE MADE
TO FIND CONSTRUCTION, CONSTRUCTION-RELATED, AND NONCONSTRUCTION JOBS AS
WELL AS JOBS IN THE FIELDS OF HEALTHCARE AND TECHNOLOGY FOR ALL GRADU-
ATES OF THE PROGRAM WHO HAVE PERFORMED WELL. THE WORK EXPERIENCE SKILLS
TRAINING CURRICULUM SHALL PROVIDE PARTICIPANTS WITH BASIC PREPARATION
FOR SEEKING AND MAINTAINING A JOB. FOLLOW-UP COUNSELING AND ASSISTANCE
IN JOB-SEEKING SHALL ALSO BE PROVIDED TO PARTICIPANTS FOR THE TWELVE
MONTHS FOLLOWING GRADUATION FROM THE PROGRAM.
C. ALL PROGRAMS SERVING TWENTY-EIGHT TRAINEES OR MORE ARE REQUIRED TO
HAVE A FULL-TIME DIRECTOR RESPONSIBLE FOR THE COORDINATION OF ALL
ASPECTS OF THE YOUTHBUILD PROGRAM.
3. A. ELIGIBLE PARTICIPANTS ARE YOUTH BETWEEN THE AGES OF SIXTEEN AND
TWENTY-FOUR WHO ARE ECONOMICALLY DISADVANTAGED AS DEFINED IN 29 UNITED
STATES CODE 1503, AND WHO ARE PART OF ONE OF THE FOLLOWING GROUPS:
(1) PERSONS WHO ARE NOT ATTENDING ANY SCHOOL AND HAVE NOT RECEIVED A
SECONDARY SCHOOL DIPLOMA OR ITS EQUIVALENT; OR
(2) PERSONS CURRENTLY ENROLLED IN A TRADITIONAL OR ALTERNATIVE SCHOOL
SETTING OR A HSE/TASC (HIGH SCHOOL EQUIVALENCY/TEST ASSESSING SECONDARY
COMPLETION) PROGRAM AND WHO ARE IN DANGER OF DROPPING OUT OF SCHOOL; OR
(3) VERY LOW-INCOME PERSONS WHOSE INCOMES ARE AT OR LESS THAN FIFTY
PERCENT OF THE AREA MEDIAN INCOME AREA, ADJUSTED FOR FAMILY SIZE, AS
ESTIMATED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
B. AN EXCEPTION MAY BE MADE FOR INDIVIDUALS NOT MEETING INCOME OR
EDUCATIONAL NEED REQUIREMENTS. NOT MORE THAN TWENTY-FIVE PERCENT OF THE
PARTICIPANTS IN SUCH PROGRAM MAY BE INDIVIDUALS WHO DO NOT MEET THE
REQUIREMENTS OF THIS SUBDIVISION, BUT WHO HAVE EDUCATIONAL NEEDS DESPITE
THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA.
4. PRIORITY IN THE AWARDING OF FUNDS UNDER THIS SECTION SHALL BE GIVEN
TO APPLICANTS WITH EXPERIENCE IN OPERATING YOUTHBUILD PROGRAMS AND
IMPLEMENTING THE YOUTHBUILD MODEL, INCLUDING BUT NOT LIMITED TO, HOUSING
CONSTRUCTION SKILLS TRAINING, EDUCATION, LEADERSHIP DEVELOPMENT, LIFE
SKILLS TRAINING, AND COUNSELING SERVICES. PRIORITY SHALL ALSO BE GIVEN
TO THOSE WHO MEET THE PROGRAM STANDARDS OF YOUTHBUILD USA, INC.
5. ANY NOT-FOR-PROFIT PRIVATE AGENCIES, OR PUBLIC AGENCIES WITH EXPE-
RIENCE OPERATING A YOUTHBUILD PROGRAM OR WITH A PLAN TO INCUBATE A
YOUTHBUILD PROGRAM UNTIL IT CAN BE ESTABLISHED AS A NOT-FOR-PROFIT
PRIVATE AGENCY ARE ELIGIBLE ENTITIES. ONLY NOT-FOR-PROFIT PRIVATE AGEN-
CIES OR PUBLIC AGENCIES THAT ARE LICENSED AFFILIATES OF YOUTHBUILD USA,
INC. OR CURRENTLY RECEIVE A DEPARTMENT OF LABOR YOUTHBUILD AWARD, ARE
ELIGIBLE TO USE THE TERM YOUTHBUILD OR ELIGIBLE TO APPLY FOR THESE
FUNDS.
6. THE COMMISSIONER SHALL REQUIRE APPLICANTS FOR YOUTHBUILD FUNDS TO
INCLUDE VARIOUS INFORMATION ON THE APPLICANT'S PROGRAMS AND SHALL
PROMULGATE REGULATIONS OUTLINING INFORMATION REQUIRED ON SUCH APPLICANT.
PROVIDED, HOWEVER, THAT AT A MINIMUM SUCH APPLICATION SHALL INCLUDE:
A. A REQUEST FOR AN IMPLEMENTATION GRANT, SPECIFYING THE AMOUNT OF THE
GRANT REQUESTED AND ITS PROPOSED USES;
S. 1506--B 152
B. A DESCRIPTION OF THE APPLICANT AND A STATEMENT OF ITS QUALIFICA-
TIONS, INCLUDING A DESCRIPTION OF THE APPLICANT'S PAST EXPERIENCE
RUNNING A YOUTHBUILD PROGRAM, AND ITS EXPERIENCE WITH HOUSING REHABILI-
TATION OR CONSTRUCTION AND WITH YOUTH AND YOUTH EDUCATION, YOUTH LEADER-
SHIP DEVELOPMENT AND WORK EXPERIENCE SKILLS TRAINING PROGRAMS, AND ITS
RELATIONSHIP WITH LOCAL UNIONS AND YOUTH APPRENTICESHIP PROGRAMS, AND
OTHER COMMUNITY GROUPS; AND
C. A DESCRIPTION OF THE EDUCATIONAL AND WORK EXPERIENCE SKILLS TRAIN-
ING ACTIVITIES, WORK OPPORTUNITIES, AND OTHER SERVICES THAT SHALL BE
PROVIDED TO PARTICIPANTS.
§ 4. This act shall take effect one year after it shall have become a
law.
PART II
Section 1. Subdivisions 5, 8 and 10 of section 230 of the labor law,
subdivisions 5 and 8 as added by chapter 777 of the laws of 1971, subdi-
vision 10 as added by chapter 547 of the laws of 1998, are amended and
seven new subdivisions 15, 16, 17, 18, 19, 20 and 21 are added to read
as follows:
5. "Wage" includes: (a) basic hourly cash rate of pay; and (b) supple-
ments. The term "supplements" means fringe benefits including medical or
hospital care, pensions on retirement or death, compensation for inju-
ries or illness resulting from occupational activity, or insurance to
provide any of the foregoing, unemployment benefits, life insurance,
disability and sickness insurance, accident insurance, vacation and
holiday pay, costs of apprenticeship or other similar programs and other
bona fide fringe benefits not otherwise required by federal, state or
local law to be provided by the contractor, COVERED DEVELOPER, COVERED
LESSEE OR LESSOR, COVERED EMPLOYER, or subcontractor.
8. "Fiscal officer" means the industrial commissioner, except for
building service work performed by or on behalf of a city OR WHERE THE
COVERED DEVELOPMENT PROJECT OR REAL PROPERTY SUBJECT TO A COVERED LEASE
IS LOCATED WITHIN A CITY WITH A POPULATION OF OVER ONE MILLION, in which
case "fiscal officer" means the comptroller or other analogous officer
of such city.
10. "Substantially-owned affiliated entity" shall mean the parent
company of the contractor or subcontractor, OR COVERED DEVELOPER, OR
COVERED LESSEE OR LESSOR any subsidiary of the contractor or subcontrac-
tor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR, or any entity in
which the parent of the contractor or subcontractor, OR COVERED DEVELOP-
ER, OR COVERED LESSEE OR LESSOR owns more than fifty percent of the
voting stock, or an entity in which one or more of the top five share-
holders of the contractor or subcontractor individually or collectively
also owns a controlling share of the voting stock, or an entity which
exhibits any other indicia of control over the contractor or subcontrac-
tor, OR COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR or over which the
contractor or subcontractor, OR COVERED DEVELOPER, OR COVERED LESSEE OR
LESSOR exhibits control, regardless of whether or not the controlling
party or parties have any identifiable or documented ownership interest.
Such indicia shall include: power or responsibility over employment
decisions, access to and/or use of the relevant entity's assets or
equipment, power or responsibility over contracts of the entity, respon-
sibility for maintenance or submission of certified payroll records, and
influence over the business decisions of the relevant entity.
S. 1506--B 153
15. "COVERED DEVELOPER" MEANS ANY ENTITY RECEIVING FINANCIAL ASSIST-
ANCE IN RELATION TO A COVERED DEVELOPMENT PROJECT, OR ANY ASSIGNEE OR
SUCCESSOR IN INTEREST OF REAL PROPERTY THAT QUALIFIES AS A COVERED
DEVELOPMENT PROJECT.
16. "COVERED EMPLOYER" MEANS ANY ENTITY, OTHER THAN A COVERED DEVELOP-
ER WHO EMPLOYS BUILDING SERVICE WORKERS AT A COVERED DEVELOPMENT PROJECT
OR AT ANY REAL PROPERTY SUBJECT TO A COVERED LEASE.
17. "COVERED LESSEE" MEANS ANY ENTITY LEASING REAL PROPERTY FROM A
PUBLIC AGENCY.
18. "COVERED LESSOR" MEANS ANY ENTITY FROM WHOM A PUBLIC AGENCY IS
LEASING COMMERCIAL OFFICE SPACE OR COMMERCIAL OFFICE FACILITIES OF TEN
THOUSAND SQUARE FEET OR MORE PROVIDED THAT THE PUBLIC AGENCY WHETHER
THROUGH A SINGLE AGREEMENT OR MULTIPLE AGREEMENT LEASES NO LESS THAN
FIFTY-ONE PERCENT OF THE TOTAL SQUARE FOOTAGE OF THE BUILDING TO WHICH
THE LEASE OR LEASES APPLIES.
19. "FINANCIAL ASSISTANCE" MEANS ASSISTANCE THAT IS PROVIDED TO A
COVERED DEVELOPER FOR THE IMPROVEMENT OR DEVELOPMENT OF REAL PROPERTY,
ECONOMIC DEVELOPMENT, JOB RETENTION AND GROWTH, OR OTHER SIMILAR
PURPOSES, AND THAT IS PAID IN WHOLE OR IN PART BY A PUBLIC AGENCY OR
AGENCIES, AND OF A CUMULATIVE TOTAL ANTICIPATED FINANCIAL VALUE OF ONE
MILLION DOLLARS OR MORE. FINANCIAL ASSISTANCE INCLUDES, BUT IS NOT
LIMITED TO, CASH PAYMENTS OR GRANTS, BOND FINANCING, TAX ABATEMENTS OR
EXEMPTIONS (INCLUDING, BUT NOT LIMITED TO, ABATEMENTS OR EXEMPTIONS FROM
REAL PROPERTY, MORTGAGE RECORDING, SALES AND USES TAXES, OR THE DIFFER-
ENCE BETWEEN ANY PAYMENTS IN LIEU OF TAXES AND THE AMOUNT OF REAL PROP-
ERTY OR OTHER TAXES THAT WOULD HAVE BEEN DUE IF THE PROPERTY WERE NOT
EXEMPTED FROM THE PAYMENT OF SUCH TAXES), TAX INCREMENT FINANCING,
FILING FEE WAIVERS, ENERGY COST REDUCTIONS, ENVIRONMENTAL REMEDIATION
COSTS, WRITE-DOWNS IN THE MARKET VALUE OF BUILDING, LAND, OR THE COST OF
CAPITAL IMPROVEMENTS RELATED TO REAL PROPERTY THAT, UNDER ORDINARY
CIRCUMSTANCES, THE PUBLIC AGENCY WOULD NOT PAY FOR. WHERE ASSISTANCE
TAKES THE FORM OF LOANS OR BOND FINANCING, THE VALUE OF THE ASSISTANCE
SHALL BE DETERMINED BASED ON THE DIFFERENCE BETWEEN THE FINANCING COST
TO A BORROWER AND THE COST TO A SIMILAR BORROWER THAT DOES NOT RECEIVE
FINANCIAL ASSISTANCE.
20. "COVERED LEASE" MEANS ANY AGREEMENT BY A PUBLIC AGENCY WITH A
COVERED LESSOR OR LESSEE.
21. "COVERED DEVELOPMENT PROJECT" MEANS A PROJECT THAT HAS RECEIVED OR
IS EXPECTED TO RECEIVE FINANCIAL ASSISTANCE.
§ 2. The labor law is amended by adding a new section 231-a to read as
follows:
§ 231-A. PREVAILING WAGE FOR COVERED LEASES AND COVERED DEVELOPMENT
PROJECTS. 1. COVERED DEVELOPERS AND COVERED LESSEES OR LESSORS SHALL
ENSURE THAT ALL BUILDING SERVICE EMPLOYEES PERFORMING BUILDING SERVICE
WORK IN CONNECTION WITH A COVERED DEVELOPMENT PROJECT OR COVERED LEASE
ARE PAID NO LESS THAN THE PREVAILING WAGE.
2. THE OBLIGATION TO PAY PREVAILING SUPPLEMENTS MAY BE DISCHARGED BY
FURNISHING ANY EQUIVALENT COMBINATIONS OF FRINGE BENEFITS OR BY MAKING
EQUIVALENT OR DIFFERENTIAL PAYMENTS IN CASH UNDER RULES AND REGULATIONS
ESTABLISHED BY THE FISCAL OFFICER.
3. THE PUBLIC AGENCY PROVIDING FINANCIAL ASSISTANCE OR ENTERING INTO A
COVERED LEASE SHALL REQUIRE, AS A CONTRACTUAL CONDITION OF SUCH FINAN-
CIAL ASSISTANCE OR COVERED LEASE, THAT ANY BUILDING SERVICE EMPLOYEE
PERFORMING BUILDING SERVICE WORK IN CONNECTION WITH A COVERED DEVELOP-
MENT PROJECT OR COVERED LEASE, REGARDLESS OF THE EMPLOYING ENTITY, SHALL
BE PAID NO LESS THAN THE PREVAILING WAGE; AND ANY LEASE, CONTRACT FOR
S. 1506--B 154
PROPERTY MANAGEMENT SERVICES, OR CONTRACT FOR THE PROVISION OF BUILDING
SERVICES, ENTERED INTO BY THE COVERED DEVELOPER OR COVERED LESSEE OR
LESSOR, AND ANY SUBCONTRACT THEREOF, SHALL CONTAIN THE FOLLOWING
PROVISION "ALL BUILDING SERVICE EMPLOYEES SHALL BE PAID NO LESS THAN THE
PREVAILING WAGE AS PROVIDED BY THE FISCAL OFFICER AS DESCRIBED IN
SECTION TWO HUNDRED AND THIRTY-FOUR OF THE LABOR LAW. ANY COVERED
EMPLOYER, AS DEFINED IN SECTION TWO HUNDRED AND THIRTY OF THE LABOR LAW,
SHALL MAINTAIN ALL RECORDS RELATING TO THE EMPLOYMENT OF BUILDING
SERVICE WORKERS AS DESCRIBED IN SECTION TWO HUNDRED AND THIRTY-THREE OF
THE LABOR LAW WHICH ARE TO BE PROVIDED TO THE COVERED DEVELOPER. SUCH
COVERED EMPLOYER SHALL ALSO SUBMIT SUCH STATEMENTS AS REQUIRED UNDER
SECTION TWO HUNDRED AND THIRTY-SEVEN OF THE LABOR LAW. THIS REQUIREMENT
SHALL APPLY TO ANY COVERED DEVELOPMENT PROJECT OR REAL PROPERTY SUBJECT
TO A COVERED LEASE AS PROVIDED BY ARTICLE NINE OF THE LABOR LAW."
4. UPON THE AWARD OF FINANCIAL ASSISTANCE OR ENTERING INTO A COVERED
LEASE BY A PUBLIC AGENCY, THE AWARDING PUBLIC AGENCY SHALL IMMEDIATELY
FURNISH TO THE FISCAL OFFICER (A) THE NAME AND ADDRESS OF THE AWARDEE;
(B) THE DATE WHEN THE FINANCIAL ASSISTANCE WAS AWARDED OR THE COVERED
LEASE WAS ENTERED INTO; (C) THE SPECIFIC BUILDING OR FACILITY ADDRESS OR
ADDRESSES, OR LOCALITY TO WHICH THE COVERED LEASE OR FINANCIAL ASSIST-
ANCE PERTAINS, IF THE FINANCIAL ASSISTANCE IS TARGETED TO A PARTICULAR
BUILDING OR BUILDINGS, FACILITY OR FACILITIES, OR LOCALITY; AND (D) THE
ANTICIPATED TOTAL VALUE OF THE FINANCIAL ASSISTANCE.
5. WHEN THE FINANCIAL ASSISTANCE TO THE COVERED DEVELOPMENT PROJECT
APPLIES TO A PARTICULAR BUILDING OR BUILDINGS, FACILITY OR FACILITIES,
OR LOCALITY THE PREVAILING WAGE SHALL APPLY ONLY TO SUCH BUILDING OR
BUILDINGS, FACILITY OR FACILITIES, OR LOCALITY; HOWEVER WHEN THE FINAN-
CIAL ASSISTANCE IS NOT SO LIMITED, THE COVERED DEVELOPMENT PROJECT SHALL
BE DEEMED TO INCLUDE ANY BUILDING OR FACILITY IN WHICH THE COVERED
DEVELOPER OPERATES WITHIN THE STATE AND THE PREVAILING WAGE REQUIREMENT
SET FORTH IN THIS SECTION SHALL APPLY TO ANY BUILDING OR FACILITY IN
WHICH THE COVERED DEVELOPER OPERATES WITHIN THE STATE.
6. THE FISCAL OFFICER SHALL MAINTAIN A LIST OF COVERED DEVELOPERS,
COVERED LESSEES OR LESSORS, AND COVERED DEVELOPMENT PROJECTS, INCLUDING
THE ADDRESSES OF EACH. SUCH LIST SHALL BE UPDATED AND PUBLISHED AS OFTEN
AS IS NECESSARY TO KEEP IT CURRENT.
7. WITHIN TWO WEEKS OF RECEIVING FINANCIAL ASSISTANCE OR ENTERING INTO
A COVERED LEASE, A COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
COVERED EMPLOYER SHALL POST IN THE SAME LOCATION AND MANNER THAT OTHER
STATUTORILY REQUIRED NOTICES ARE POSTED AT EVERY SUCH COVERED DEVELOP-
MENT PROJECT OR REAL PROPERTY SUBJECT TO A COVERED LEASE, AND PROVIDE
EACH BUILDING SERVICE EMPLOYEE A COPY OF A WRITTEN NOTICE WHICH SHALL BE
PREPARED BY THE FISCAL OFFICER, DETAILING THE WAGES, BENEFITS, AND OTHER
PROTECTIONS TO WHICH BUILDING SERVICE EMPLOYEES ARE ENTITLED UNDER THIS
SECTION. SUCH NOTICE SHALL ALSO PROVIDE THE NAME, ADDRESS AND TELEPHONE
NUMBER OF THE FISCAL OFFICER AND A STATEMENT ADVISING BUILDING SERVICE
EMPLOYEES THAT IF THEY HAVE BEEN PAID LESS THAT THE PREVAILING WAGE THEY
MAY NOTIFY THE FISCAL OFFICER AND REQUEST AN INVESTIGATION OR BRING SUIT
IN A COURT OF COMPETENT JURISDICTION. SUCH NOTICES SHALL BE POSTED IN
ENGLISH AND IN ANY OTHER LANGUAGE WHICH AT LEAST TWENTY PERCENT OF
EMPLOYEES SPEAK AS A PRIMARY LANGUAGE. SUCH NOTICE SHALL REMAIN POSTED
FOR THE TIME THAT THE REQUIREMENTS OF THIS SECTION SHALL APPLY AND SHALL
BE ADJUSTED PERIODICALLY TO REFLECT THE CURRENT PREVAILING WAGE FOR
BUILDING SERVICE EMPLOYEES. IN ADDITION TO POSTING THE COVERED DEVELOP-
ER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER SHALL PROVIDE EACH
INDIVIDUAL EMPLOYEE A COPY OF THE NOTICE IN ENGLISH OR ANY OTHER
S. 1506--B 155
LANGUAGE SPOKEN BY THE EMPLOYEE AS A PRIMARY LANGUAGE, SO LONG AS THE
FISCAL OFFICER HAS MADE SUCH NOTICE AVAILABLE TO EMPLOYERS IN SUCH
LANGUAGE ON ITS WEBSITE. THE FISCAL OFFICER SHALL MAKE AVAILABLE ON ITS
WEBSITE SAMPLE WRITTEN NOTICES EXPLAINING THE RIGHTS OF BUILDING SERVICE
EMPLOYEES UNDER THIS SECTION AND SHALL TRANSLATE SUCH SAMPLE WRITTEN
NOTICES INTO SUCH LANGUAGES IT DEEMS APPROPRIATE.
8. THE REQUIREMENTS OF THIS SECTION SHALL APPLY FOR THE TERM OF THE
FINANCIAL ASSISTANCE, FOR TEN YEARS FROM THE DATE THAT THE FINANCIALLY
ASSISTED PROJECT OPENS, OR FOR THE DURATION OF ANY WRITTEN AGREEMENT
BETWEEN A PUBLIC AGENCY AND A COVERED DEVELOPER PROVIDING FOR FINANCIAL
ASSISTANCE, OR FOR THE DURATION OF THE COVERED LEASE, WHICHEVER IS LONG-
ER.
9. THIS SECTION SHALL NOT PREEMPT ANY PUBLIC AGENCY FROM ESTABLISHING
HIGHER MINIMUM WAGES FOR COVERED DEVELOPERS OR COVERED LESSEES OR
LESSORS RECEIVING FINANCIAL ASSISTANCE OR LEASING FROM OR TO A PUBLIC
AGENCY. NOR SHALL ANY COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
COVERED EMPLOYER BE PREEMPTED FROM PAYING A WAGE HIGHER THAN THE
PREVAILING WAGE.
§ 3. Section 232 of the labor law, as added by chapter 777 of the laws
of 1971, is amended to read as follows:
§ 232. Overtime. An employee, employed by a contractor OR EMPLOYED AT
A COVERED DEVELOPMENT PROJECT OR AT REAL PROPERTY SUBJECT TO A COVERED
LEASE, who works more than eight hours in any one day or more than forty
hours in any workweek shall be paid wages for such overtime at a rate
not less than one-and-one-half times his prevailing basic cash hourly
rate.
§ 4. Section 233 of the labor law, as added by chapter 777 of the laws
of 1971, is amended to read as follows:
§ 233. Record keeping. 1. In all cases where service work is being
performed pursuant to a contract therefor OR COVERED LEASE, OR COVERED
DEVELOPMENT PROJECT, the contractor, OR COVERED DEVELOPER, OR COVERED
LESSEE OR LESSOR shall keep original payrolls or transcripts thereof,
subscribed and confirmed by him as true, under penalties of perjury,
showing the hours and days worked by each employee, the craft, trade or
occupation at which he was employed, and the wages paid. A COVERED
DEVELOPER, OR COVERED LESSEE OR LESSOR MAY SATISFY THIS REQUIREMENT BY
OBTAINING COPIES OF EMPLOYMENT RECORDS FROM A COVERED EMPLOYER.
2. Where the wages paid include sums which are not paid directly to
the workmen weekly and which are expended for supplements, the records
required to be maintained shall include a record of such hourly payment
on behalf of such employees, the supplement for which such payment has
been made, and the name and address of the person to whom such payment
has been made. In all such cases, the contractor OR COVERED DEVELOPER,
OR COVERED LESSEE OR LESSOR shall keep a true and inscribed copy of the
agreement under which such payments are made, a record of all net
payments made thereunder, and a list of all persons for whom such
payments are made. A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR MAY
SATISFY THIS REQUIREMENT BY OBTAINING COPIES OF EMPLOYMENT RECORDS FROM
A COVERED EMPLOYER.
3. The records required to be maintained shall be kept on the site of
the work during all of the time that work under the contract OR OTHER-
WISE SUBJECT TO THE REQUIREMENTS OF THIS SECTION is being performed.
4. All records required to be maintained shall be preserved for a
period of three years after the completion of work.
5. A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR SHALL INCLUDE A
REQUIREMENT IN ALL LEASES, MANAGEMENT AGREEMENTS OR SERVICE CONTRACTS,
S. 1506--B 156
AND ANY SUBCONTRACTS THEREOF, THAT ANY COVERED EMPLOYER SHALL COMPLY
WITH THE RECORD KEEPING REQUIREMENTS OF THIS SECTION. THE COVERED DEVEL-
OPER, OR COVERED LESSEE OR LESSOR SHALL OBTAIN SUCH RECORDS FROM ANY
COVERED EMPLOYER AND PRESERVE SUCH RECORDS FOR A PERIOD OF SIX YEARS
AFTER THE COMPLETION OF THE EMPLOYEE'S WORK.
6. FAILURE TO MAINTAIN SUCH RECORDS AS REQUIRED SHALL CREATE A REBUTT-
ABLE PRESUMPTION THAT THE BUILDING SERVICE EMPLOYEES WERE NOT PAID THE
WAGES AND SUPPLEMENTS REQUIRED UNDER THIS ARTICLE.
§ 5. Paragraph (f) of subdivision 1 of section 234 of the labor law,
as added by chapter 777 of the laws of 1971, is amended to read as
follows:
(f) to require a contractor OR COVERED DEVELOPER, OR COVERED LESSEE OR
LESSOR to file with the fiscal officer a record of the wages actually
paid by such contractor OR COVERED DEVELOPER, OR COVERED LESSEE OR
LESSOR to the employees and of their hours of work;
§ 6. The labor law is amended by adding a new section 235-a to read as
follows:
§ 235-A. INVESTIGATIONS, HEARINGS, AND PRIVATE RIGHT OF ACTION FOR
COVERED LEASES AND COVERED DEVELOPMENT PROJECTS. 1. WHENEVER THE FISCAL
OFFICER HAS REASON TO BELIEVE THAT A BUILDING SERVICE EMPLOYEE PERFORM-
ING BUILDING SERVICE WORK IN CONNECTION WITH A COVERED LEASE OR COVERED
DEVELOPMENT PROJECT HAS BEEN PAID LESS THAN THE APPLICABLE PREVAILING
WAGE AND SUPPLEMENTS OR UPON RECEIPT OF A WRITTEN COMPLAINT, THE FISCAL
OFFICER SHALL CONDUCT A SPECIAL INVESTIGATION TO DETERMINE THE FACTS
RELATING THERETO.
2. IF, DESPITE THE REQUIREMENTS OF LAW, THE FISCAL OFFICER HAS NOT
DETERMINED THE PREVAILING WAGE AS REQUIRED IN THIS ARTICLE, THE FISCAL
OFFICER SHALL DETERMINE IN THE PROCEEDING BEFORE HIM OR HER THE WAGES
PREVAILING AT THE TIME THE WORK WAS PERFORMED FOR THE CRAFTS, TRADES OR
OCCUPATIONS OF THE EMPLOYEES INVOLVED.
3. IN AN INVESTIGATION CONDUCTED UNDER THE PROVISIONS OF THIS SECTION,
THE INQUIRY OF THE FISCAL OFFICER SHALL NOT EXTEND TO WORK PERFORMED
MORE THAN THREE YEARS PRIOR TO: (A) THE FILING OF THE COMPLAINT, OR (B)
THE COMMENCEMENT OF THE INVESTIGATION UPON THE FISCAL OFFICER'S OWN
VOLITION, WHICHEVER IS EARLIER IN POINT OF TIME.
4. (A) THE INVESTIGATION AND HEARING SHALL BE EXPEDITIOUSLY CONDUCTED
AND UPON THE COMPLETION THEREOF THE FISCAL OFFICER SHALL DETERMINE THE
ISSUES RAISED AND SHALL MAKE AND FILE AN ORDER IN HIS OR HER OFFICE
STATING SUCH DETERMINATION AND FORTHWITH SERVE PERSONALLY OR BY MAIL A
COPY OF SUCH ORDER AND DETERMINATION TOGETHER WITH A NOTICE OF FILING
UPON ALL PARTIES TO THE PROCEEDING AND UPON THE FINANCIAL OFFICER OF THE
PUBLIC AGENCY INVOLVED.
(B) IN ADDITION TO DIRECTING PAYMENT OF WAGES FOUND TO BE DUE, SUCH
ORDER OF THE FISCAL OFFICER SHALL DIRECT PAYMENT OF LIQUIDATED DAMAGES
IN AN AMOUNT EQUAL TO THE GREATER OF TWO PERCENT OF THE ANNUAL VALUE OF
THE FINANCIAL ASSISTANCE OR COVERED LEASE, OR TWO-TENTHS OF A PERCENT OF
THE TOTAL VALUE OF THE FINANCIAL ASSISTANCE OR COVERED LEASE. WHERE THE
FISCAL OFFICER IS THE COMMISSIONER, THE PENALTY SHALL BE PAID TO THE
COMMISSIONER FOR DEPOSIT IN THE STATE TREASURY. WHERE THE FISCAL OFFICER
IS A CITY COMPTROLLER OR OTHER ANALOGOUS OFFICER, THE PENALTY SHALL BE
PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY.
(C) AN ORDER DIRECTING THE PAYMENT TO SPECIFIED EMPLOYEES OF WAGES
FOUND TO BE DUE AND UNPAID SHALL INCLUDE INTEREST AT A RATE NOT LESS
THAN SIX PER CENTUM PER YEAR AND NOT MORE THAN THE RATE OF INTEREST THEN
IN EFFECT AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL SERVICES
PURSUANT TO SECTION FOURTEEN-A OF THE BANKING LAW PER ANNUM FROM THE
S. 1506--B 157
TIME SUCH WAGES SHOULD HAVE BEEN PAID. IN DETERMINING THE RATE OF
INTEREST TO BE IMPOSED THE FISCAL OFFICER SHALL CONSIDER THE SIZE OF THE
EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY OF THE
VIOLATION, THE HISTORY OF PREVIOUS VIOLATIONS OF THE EMPLOYER, SUCCESSOR
OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER OF THE COVERED
DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY
PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF THE PARTNERS
IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER
IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED
DEVELOPER, COVERED LESSEE OR LESSOR, OR THE COVERED EMPLOYER, AS DETER-
MINED BY THE FISCAL OFFICER, AND THE FAILURE TO COMPLY WITH RECORDKEEP-
ING OR OTHER NON-WAGE REQUIREMENTS.
5. (A) PROVIDED THAT NO PROCEEDING FOR JUDICIAL REVIEW AS PROVIDED IN
THIS SECTION SHALL THEN BE PENDING AND THE TIME FOR INITIATION OF SUCH
PROCEEDING SHALL HAVE EXPIRED, THE FISCAL OFFICER SHALL FILE WITH THE
COUNTY CLERK OF THE COUNTY WHERE THE EMPLOYER RESIDES OR HAS A PLACE OF
BUSINESS THE ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO
BE DUE. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF
A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER MAY BE
ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER,
AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND
RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
(B) WHEN A FINAL DETERMINATION HAS BEEN MADE IN FAVOR OF A COMPLAINANT
AND THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER
FOUND VIOLATING THIS ARTICLE HAS FAILED TO MAKE PAYMENT AS REQUIRED BY
THE ORDER OF THE FISCAL OFFICER, AND PROVIDED THAT NO RELEVANT PROCEED-
ING FOR JUDICIAL REVIEW SHALL THEN BE PENDING AND THE TIME FOR INITI-
ATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE FISCAL OFFICER MAY FILE
A COPY OF THE ORDER OF THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO
BE DUE WITH THE COUNTY CLERK OF THE COUNTY OF RESIDENCE OR PLACE OF
BUSINESS OF ANY OF THE FOLLOWING:
(I) ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY OR ANY SUCCESSOR OF THE
COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER;
(II) ANY OF THE PARTNERS IF THE COVERED DEVELOPER, COVERED LESSEE OR
LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST
SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
COVERED EMPLOYER, AS DETERMINED BY THE FISCAL OFFICER; OR
(III) ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR,
OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT THE FISCAL OFFICER SHALL WITHIN FIVE
DAYS OF THE FILING OF THE ORDER PROVIDE NOTICE THEREOF TO THE PARTNER OR
TOP FIVE SHAREHOLDERS OR SUCCESSOR OR SUBSTANTIALLY-OWNED AFFILIATED
ENTITY. THE NOTIFIED PARTY MAY CONTEST THE FILING ON THE BASIS THAT IT
IS NOT A PARTNER OR ONE OF THE FIVE LARGEST SHAREHOLDERS, AN OFFICER OF
THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO
KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, OR A SUCCESSOR
OR SUBSTANTIALLY-OWNED AFFILIATED ENTITY. IF, AFTER REVIEWING THE INFOR-
MATION PROVIDED BY THE NOTIFIED PARTY IN SUPPORT OF SUCH CONTEST, THE
FISCAL OFFICER DETERMINES THAT THE NOTIFIED PARTY IS NOT WITHIN THE
DEFINITIONS DESCRIBED HEREIN, THE FISCAL OFFICER SHALL IMMEDIATELY WITH-
DRAW HIS OR HER FILING OF THE ORDER.
(C) THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A
JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER MAY BE
ENFORCED BY AND IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER,
AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND
RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
S. 1506--B 158
6. WHEN A FINAL DETERMINATION HAS BEEN MADE AND SUCH DETERMINATION IS
IN FAVOR OF AN EMPLOYEE, SUCH EMPLOYEE MAY, IN ADDITION TO ANY OTHER
REMEDY PROVIDED BY THIS ARTICLE, INSTITUTE AN ACTION IN ANY COURT OF
APPROPRIATE JURISDICTION AGAINST THE ENTITY FOUND TO HAVE VIOLATED THIS
ARTICLE, ANY SUBSTANTIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER OF THE
COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO
KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, AND ANY OF THE
PARTNERS IF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED
EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE
COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, AS
DETERMINED BY THE FISCAL OFFICER, FOR THE RECOVERY OF THE DIFFERENCE
BETWEEN THE SUM, IF ANY, ACTUALLY PAID TO HIM OR HER BY THE AFORESAID
FINANCIAL OFFICER PURSUANT TO SAID ORDER AND THE AMOUNT FOUND TO BE DUE
HIM OR HER AS DETERMINED BY SAID ORDER. SUCH ACTION MUST BE COMMENCED
WITHIN THREE YEARS FROM THE DATE OF THE FILING OF SAID ORDER, OR IF THE
SAID ORDER IS REVIEWED IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES, WITHIN THREE YEARS AFTER THE TERMI-
NATION OF SUCH REVIEW PROCEEDING.
7. (A) ANY PERSON CLAIMED TO BE AGGRIEVED BY VIOLATION OF THIS ARTI-
CLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION
AGAINST THE ENTITY ALLEGED TO HAVE VIOLATED THIS ARTICLE, ANY SUBSTAN-
TIALLY-OWNED AFFILIATED ENTITY, ANY OFFICER OF THE COVERED DEVELOPER,
COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED
IN THE VIOLATION OF THIS ARTICLE, AND ANY OF THE PARTNERS IF THE COVERED
DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNER-
SHIP OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER,
COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, AS DETERMINED BY THE
FISCAL OFFICER, FOR THE RECOVERY OF THE DIFFERENCE BETWEEN THE SUM, IF
ANY, ACTUALLY PAID TO HIM OR HER BY THE AFORESAID FINANCIAL OFFICER
PURSUANT TO SAID ORDER AND THE AMOUNT FOUND TO BE DUE HIM OR HER AS
DETERMINED BY SAID ORDER. THE CAUSE OF ACTION MAY SEEK DAMAGES, INCLUD-
ING PUNITIVE DAMAGES, AND FOR INJUNCTIVE RELIEF AND SUCH OTHER REMEDIES
AS MAY BE APPROPRIATE, UNLESS SUCH PERSON HAS FILED A COMPLAINT WITH THE
FISCAL OFFICER WITH RESPECT TO SUCH CLAIM. IN AN ACTION BROUGHT BY A
BUILDING SERVICE EMPLOYEE, IF THE COURT FINDS IN FAVOR OF THE EMPLOYEE,
IT SHALL AWARD THE EMPLOYEE, IN ADDITION TO OTHER RELIEF, HIS OR HER
REASONABLE ATTORNEYS' FEES AND COSTS.
(B) INVESTIGATION BY THE FISCAL OFFICER SHALL NOT BE A PREREQUISITE TO
NOR A BAR AGAINST A PERSON BRINGING A CIVIL ACTION UNDER THIS SECTION.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBDIVISIONS ONE THROUGH
SIX OF THIS SECTION WHERE A COMPLAINT FILED WITH THE FISCAL OFFICER IS
DISMISSED AN AGGRIEVED PERSON SHALL MAINTAIN ALL RIGHTS TO COMMENCE A
CIVIL ACTION PURSUANT TO THIS ACTION AS IF NO COMPLAINT HAD BEEN FILED.
(C) NO PROCEDURE OR REMEDY SET FORTH IN THIS SECTION IS INTENDED TO BE
EXCLUSIVE OR A PREREQUISITE FOR ASSERTING A CLAIM FOR RELIEF TO ENFORCE
ANY RIGHTS HEREUNDER IN A COURT OF LAW. THIS SECTION SHALL NOT BE
CONSTRUED TO LIMIT AN EMPLOYEE'S RIGHT TO BRING A COMMON LAW CAUSE OF
ACTION FOR WRONGFUL TERMINATION.
(D) ANY JUDGMENT OR COURT ORDER AWARDING REMEDIES UNDER THIS SECTION
SHALL PROVIDE THAT IF ANY AMOUNTS REMAIN UNPAID UPON THE EXPIRATION OF
NINETY DAYS FOLLOWING ISSUANCE OF JUDGMENT, OR NINETY DAYS AFTER EXPIRA-
TION OF THE TIME TO APPEAL AND NO APPEAL IS THEN PENDING, WHICHEVER IS
LATER, THE TOTAL AMOUNT OF JUDGMENT SHALL AUTOMATICALLY INCREASE BY
FIFTEEN PERCENT.
(E) IN ANY ACTION INSTITUTED UPON A WAGE CLAIM BY A BUILDING SERVICE
EMPLOYEE IN WHICH THE EMPLOYEE PREVAILS, THE COURT MAY ALLOW SUCH
S. 1506--B 159
EMPLOYEE, IN ADDITION TO ORDINARY COSTS, A REASONABLE SUM, NOT EXCEEDING
ONE HUNDRED DOLLARS FOR EXPENSES WHICH MAY BE TAXED AS COSTS. NO ASSIG-
NEE OF A WAGE CLAIM SHALL BE BENEFITED BY THIS PARAGRAPH.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER
UPON A LIABILITY IMPOSED BY THIS ARTICLE MUST BE COMMENCED WITHIN THE
GREATER OF SIX YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUED OR TWO
YEARS FROM THE TIME THE PLAINTIFF OR THE PERSON UNDER WHOM THE PLAINTIFF
CLAIMS DISCOVERED THE FRAUD, OR COULD WITH REASONABLE DILIGENCE HAVE
DISCOVERED IT. THE STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE
AN EMPLOYEE FILES A COMPLAINT WITH THE FISCAL OFFICER OR THE FISCAL
OFFICER COMMENCES AN INVESTIGATION, WHICHEVER IS EARLIER, UNTIL AN ORDER
TO COMPLY ISSUED BY THE FISCAL OFFICER BECOMES FINAL, OR WHERE THE
FISCAL OFFICER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE
FISCAL OFFICER NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS
CONCLUDED.
8. (A) NO PERSON SHALL TAKE ANY ADVERSE ACTION AGAINST AN EMPLOYEE
THAT PENALIZES AN EMPLOYEE FOR, OR IS REASONABLY LIKELY TO DETER AN
EMPLOYEE FROM, EXERCISING OR ATTEMPTING TO EXERCISE RIGHTS UNDER THIS
ARTICLE OR INTERFERE WITH AN EMPLOYEE'S EXERCISE OF RIGHTS UNDER THIS
ARTICLE.
(B) TAKING AN ADVERSE ACTION INCLUDES, BUT IS NOT LIMITED TO THREATEN-
ING, INTIMIDATING, DISCIPLINING, DISCHARGING, DEMOTING, SUSPENDING, OR
HARASSING AN EMPLOYEE, REDUCING THE HOURS OF PAY OF AN EMPLOYEE, INFORM-
ING ANOTHER EMPLOYER THAN AN EMPLOYEE HAS ENGAGED IN ACTIVITIES
PROTECTED BY THIS ARTICLE, DISCRIMINATING AGAINST THE EMPLOYEE, INCLUD-
ING ACTIONS RELATED TO PERCEIVED IMMIGRATION STATUS OR WORK AUTHORI-
ZATION, AND MAINTENANCE OR APPLICATION OF AN ABSENCE CONTROL POLICY THAT
COUNTS PROTECTED LEAVE AS AN ABSENCE THAT MAY LEAD TO OR RESULT IN AN
ADVERSE ACTION.
(C) AN EMPLOYEE NEED NOT EXPLICITLY REFER TO A PROVISION OF THIS ARTI-
CLE TO BE PROTECTED FROM AN ADVERSE ACTION.
(D) A CAUSAL CONNECTION MAY BE ESTABLISHED BETWEEN THE EXERCISE,
ATTEMPTED EXERCISE, OR ANTICIPATED EXERCISE OF RIGHTS PROTECTED BY THIS
ARTICLE AND AN EMPLOYER'S ADVERSE ACTION AGAINST AN EMPLOYEE OR A GROUP
OF EMPLOYEES BY INDIRECT OR DIRECT EVIDENCE.
(E) RETALIATION IS ESTABLISHED WHEN IT IS SHOWN THAT A PROTECTED
ACTIVITY WAS A MOTIVATING FACTOR FOR AN ADVERSE ACTION, WHETHER OR NOT
OTHER FACTORS MOTIVATED THE ADVERSE ACTION.
9. (A) WHEN A FINAL DETERMINATION HAS BEEN MADE AGAINST A COVERED
EMPLOYER IN FAVOR OF A COMPLAINANT AND THE COVERED DEVELOPER, OR COVERED
LESSEE OR LESSOR HAS MADE PAYMENT TO THE COMPLAINANT OF ANY WAGES AND
INTEREST DUE THE COMPLAINANT AND ANY CIVIL PENALTY, AND PROVIDING THAT
NO RELEVANT PROCEEDING FOR JUDICIAL REVIEW SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COVERED
DEVELOPER, OR COVERED LESSEE OR LESSOR MAY FILE A COPY OF THE ORDER OF
THE FISCAL OFFICER CONTAINING THE AMOUNT FOUND TO BE DUE WITH THE COUNTY
CLERK OF THE COUNTY OF RESIDENCE OR PLACE OF BUSINESS OF THE COVERED
EMPLOYER. THE FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT
OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE JUDGMENT
MAY BE DOCKETED IN FAVOR OF THE COVERED DEVELOPER WHO MAY PROCEED AS A
JUDGMENT CREDITOR AGAINST THE COVERED EMPLOYER FOR THE RECOVERY OF ALL
MONIES PAID BY THE COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR UNDER
SUCH ORDER.
(B) WHEN A COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR HAS MADE
PAYMENT TO A COMPLAINANT OF ANY WAGES AND INTEREST DUE TO HIM OR HER
BECAUSE OF A COVERED EMPLOYER'S VIOLATION OF THIS ARTICLE, THE COVERED
S. 1506--B 160
DEVELOPER, OR COVERED LESSEE OR LESSOR MAY BRING SUIT TO RECOVER ALL
MONIES PAID BY THE COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR FROM
THE COVERED EMPLOYER.
10. WHEN TWO JUDGMENTS OR FINAL ORDERS PURSUANT TO THE PROVISIONS OF
THIS SECTION HAVE BEEN ENTERED AGAINST A COVERED DEVELOPER, COVERED
LESSEE OR LESSOR, COVERED EMPLOYER, SUCCESSOR, OR ANY SUBSTANTIALLY-
OWNED AFFILIATED ENTITY OF THE COVERED DEVELOPER, COVERED LESSEE OR
LESSOR, OR COVERED EMPLOYER, ANY OF THE PARTNERS IF THE COVERED DEVELOP-
ER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP, ANY
OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED
LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OFFICER OF THE COVERED DEVEL-
OPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY
PARTICIPATED IN THE VIOLATION OF THIS ARTICLE WITHIN ANY CONSECUTIVE
SIX-YEAR PERIOD DETERMINING THAT SUCH COVERED DEVELOPER, COVERED LESSEE
OR LESSOR, OR COVERED EMPLOYER AND/OR ITS SUCCESSOR, SUBSTANTIALLY-OWNED
AFFILIATED ENTITY OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
COVERED EMPLOYER, ANY OF THE PARTNERS OR ANY OF THE FIVE LARGEST SHARE-
HOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED
EMPLOYER, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE OR
LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE VIOLATION
OF THIS ARTICLE HAS WILLFULLY FAILED TO PAY THE PREVAILING WAGES IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, WHETHER SUCH FAILURES
WERE CONCURRENT OR CONSECUTIVE AND WHETHER OR NOT SUCH FINAL DETERMI-
NATIONS CONCERNING SEPARATE COVERED LEASES OR AWARDS OF FINANCIAL
ASSISTANCE ARE RENDERED SIMULTANEOUSLY, SUCH COVERED DEVELOPER, COVERED
LESSEE OR LESSOR, COVERED EMPLOYER, SUCCESSOR, AND IF THE COVERED DEVEL-
OPER, COVERED LESSEE OR LESSOR, COVERED EMPLOYER, SUCCESSOR, OR ANY
SUBSTANTIALLY-OWNED AFFILIATED ENTITY OF THE COVERED DEVELOPER, COVERED
LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OF THE PARTNERS IF THE
COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER IS A
PARTNERSHIP, OR ANY OF THE FIVE LARGEST SHAREHOLDERS OF THE COVERED
DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER, ANY OFFICER OF
THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER WHO
KNOWINGLY PARTICIPATED IN THE VIOLATION OF THIS ARTICLE, OR ANY SUCCES-
SOR IS A CORPORATION, ANY OFFICER OF SUCH CORPORATION WHO KNOWINGLY
PARTICIPATED IN SUCH FAILURE, SHALL BE INELIGIBLE TO ENTER INTO COVERED
LEASES WITH A PUBLIC AGENCY OR RECEIVE FINANCIAL ASSISTANCE FOR A PERIOD
OF FIVE YEARS FROM THE DATE OF THE SECOND ORDER; PROVIDED, HOWEVER, THAT
WHERE ANY SUCH FINAL ORDER INVOLVES THE FALSIFICATION OF PAYROLL RECORDS
OR THE KICKBACK OF WAGES, THE COVERED DEVELOPER, COVERED LESSEE OR
LESSOR, COVERED EMPLOYER, SUCCESSOR, SUBSTANTIALLY-OWNED AFFILIATED
ENTITY OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED
EMPLOYER, ANY PARTNER IF THE COVERED DEVELOPER, COVERED LESSEE OR
LESSOR, OR COVERED EMPLOYER IS A PARTNERSHIP OR ANY OF THE FIVE LARGEST
SHAREHOLDERS OF THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
COVERED EMPLOYER, ANY OFFICER OF THE COVERED DEVELOPER, COVERED LESSEE
OR LESSOR, OR COVERED EMPLOYER WHO KNOWINGLY PARTICIPATED IN THE
VIOLATION OF THIS ARTICLE SHALL BE INELIGIBLE TO RECEIVE FOR A PERIOD OF
FIVE YEARS FROM THE DATE OF THE FIRST FINAL ORDER. NOTHING IN THIS
SUBDIVISION SHALL BE CONSTRUED AS AFFECTING ANY PROVISION OF ANY OTHER
LAW OR REGULATION RELATING TO THE AWARDING OF FINANCIAL ASSISTANCE OR
ENTERING INTO A COVERED LEASE WITH A PUBLIC AGENCY. THE COMMISSIONER
SHALL MAINTAIN A LIST OF COVERED DEVELOPERS, AND COVERED LESSEES OR
LESSORS, WHO ARE INELIGIBLE, INCLUDING THEIR NAMES, ADDRESS, DATE AND
DURATION OF THEIR INELIGIBILITY. SUCH LIST SHALL BE UPDATED AND
PUBLISHED AS OFTEN AS IS NECESSARY TO KEEP IT CURRENT.
S. 1506--B 161
§ 7. Subdivision 1 of section 237 of the labor law, as amended by
chapter 698 of the laws of 1988, is amended and a new subdivision 5 is
added to read as follows:
1. Subcontractors engaged for service work by a contractor or its
subcontractor AND COVERED EMPLOYERS, shall, upon receipt from the
COVERED DEVELOPER, OR COVERED LESSEE OR LESSOR, contractor or its
subcontractor of the schedule of wages and supplements specified in the
contract OR ARTICLE NINE PREVAILING WAGE SCHEDULE, provide to the
COVERED DEVELOPER, COVERED LESSEE OR LESSOR, contractor or its subcon-
tractor a verified statement attesting that the COVERED EMPLOYER OR
subcontractor has received and reviewed such schedule of wages and
supplements, and agrees that it will pay the applicable prevailing wages
and will pay or provide the supplements specified therein. Such verified
statement shall be filed in the manner described in subdivision three of
this section FOR SUBCONTRACTORS OF A CONTRACTOR OR ITS SUBCONTRACTOR,
AND IN THE MANNER DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION FOR
COVERED EMPLOYERS. It shall be a violation of this article for any
COVERED DEVELOPER, COVERED LESSEE OR LESSOR, contractor or its subcon-
tractor to fail to provide for its subcontractor a copy of the schedule
of wages and supplements specified in the contract OR ARTICLE NINE
PREVAILING WAGE SCHEDULES.
5. PRIOR TO RECEIVING FINANCIAL ASSISTANCE OR ENTERING INTO A COVERED
LEASE, OR AN EXTENSION, RENEWAL, AMENDMENT, MODIFICATION OF A COVERED
LEASE, AND ANNUALLY THEREAFTER, EVERY COVERED DEVELOPER, COVERED LESSEE
OR LESSOR, OR COVERED EMPLOYER SHALL PROVIDE THE PUBLIC AGENCY PROVIDING
FINANCIAL ASSISTANCE AND THE FISCAL OFFICER WITH AN ANNUAL VERIFIED
STATEMENT THAT ALL BUILDING SERVICE EMPLOYEES EMPLOYED AT A COVERED
DEVELOPMENT PROJECT OR AT REAL PROPERTY SUBJECT TO A COVERED LEASE BY
THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR BY A COVERED EMPLOY-
ER TO PERFORM BUILDING SERVICE WORK WILL BE AND/OR HAVE BEEN PAID THE
PREVAILING WAGE. SUCH VERIFIED STATEMENT SHALL INCLUDE A RECORD OF THE
DAYS AND HOURS WORKED AND THE WAGES PAID TO EACH BUILDING SERVICE
EMPLOYEE EMPLOYED AT THE COVERED DEVELOPMENT PROJECT, OR AT REAL PROPER-
TY SUBJECT TO A COVERED LEASE. WHERE THE WAGES PAID INCLUDE SUMS WHICH
ARE NOT PAID DIRECTLY TO THE WORKMEN WEEKLY AND WHICH ARE EXPENDED FOR
SUPPLEMENTS, THE STATEMENT SHALL INCLUDE A RECORD OF SUCH HOURLY
PAYMENTS ON BEHALF OF SUCH EMPLOYEES, THE SUPPLEMENT FOR WHICH SUCH
PAYMENT HAS BEEN MADE, AND THE NAME AND ADDRESS OF THE PERSON TO WHOM
THE PAYMENT HAS BEEN MADE. SUCH STATEMENT SHALL BE VERIFIED BY THE OATH
OF THE CHIEF EXECUTIVE OR CHIEF FINANCIAL OFFICER OF THE COVERED DEVEL-
OPER, OR COVERED LESSEE OR LESSOR, OR THE DESIGNEE OF ANY SUCH PERSON
THAT HE OR SHE HAS READ SUCH STATEMENTS SUBSCRIBED BY HIM OR HER AND
KNOWS THE CONTENTS THEREOF, AND THAT THE SAME IS TRUE OF HIS OR HER OWN
KNOWLEDGE, EXCEPT WITH RESPECT TO WAGES AND SUPPLEMENTS OWING BY
CONTRACT WHICH MAY BE CERTIFIED UPON INFORMATION AND BELIEF. A VIOLATION
OF ANY PROVISION OF THE STATEMENT, OR FAILURE TO PROVIDE SUCH STATEMENT,
SHALL CONSTITUTE A VIOLATION OF THIS SECTION. THE FISCAL OFFICER OR A
PUBLIC AGENCY LEASING OR PROVIDING FINANCIAL ASSISTANCE MAY INSPECT THE
RECORDS MAINTAINED PURSUANT TO SECTION TWO HUNDRED THIRTY-THREE OF THIS
ARTICLE TO VERIFY THESE STATEMENTS.
§ 8. Subdivision 1 of section 238 of the labor law, as added by chap-
ter 777 of the laws of 1971, is amended and two new subdivisions 3 and 4
are added to read as follows:
1. Any contractor, COVERED DEVELOPER, COVERED LESSEE OR LESSOR,
COVERED EMPLOYER, or subcontractor who shall upon his oath verify any
statement required to be filed under this article which is known by him
S. 1506--B 162
to be false shall be guilty of perjury and punishable as provided by the
penal law.
3. IN THE EVENT OF A FAILURE BY A COVERED DEVELOPER, COVERED LESSEE OR
LESSOR, OR COVERED EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTI-
CLE, THE COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOY-
ER SHALL BE PROVIDED WITH A WRITTEN NOTICE OF FAILURE TO COMPLY BY THE
FISCAL OFFICER ALLOWING TEN DAYS TO CURE THE FAILURE TO COMPLY. IF THE
COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR COVERED EMPLOYER FAILS
TO TIMELY CURE IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN
EQUITY, THE FISCAL OFFICER SHALL BE PERMITTED TO SEEK THE FOLLOWING
REMEDIES:
(A) SUSPENSION: SUSPEND THE PAYMENTS OF ANY FINANCIAL ASSISTANCE TO
THE COVERED DEVELOPER UNTIL THE DATE OF CURE.
(B) LIQUIDATED DAMAGES: FAILURE TO PROVIDE A REQUIRED RECORD OR
STATEMENT OR TO ALLOW WORK PLACE ACCESS MAY RESULT IN LIQUIDATED DAMAGES
IN AN AMOUNT EQUAL TO THE GREATER OF TWO PERCENT OF THE ANNUAL VALUE OF
THE FINANCIAL ASSISTANCE OR COVERED LEASE, OR TWO-TENTHS OF A PERCENT OF
THE TOTAL VALUE OF THE FINANCIAL ASSISTANCE OR COVERED LEASE.
(C) TERMINATION: A MATERIAL BREACH OF THIS ARTICLE THAT CONTINUES FOR
A PERIOD OF SIX MONTHS OR MORE, SHALL ALLOW THE PUBLIC AGENCY TO TERMI-
NATE THE FINANCIAL ASSISTANCE OR COVERED LEASE.
(D) PENALTY FOR LATE FILING: LATE FILING OF ANY REPORT REQUIRED UNDER
THIS ARTICLE: A PAYMENT OF ONE THOUSAND DOLLARS PER DAY FOR EACH DAY THE
REPORT IS LATE FOR UP TO FOURTEEN DAYS. AFTER FOURTEEN DAYS, THE REMEDY
IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL APPLY.
4. WHERE THE FISCAL OFFICER IS THE COMMISSIONER, THE PENALTY SHALL BE
PAID TO THE COMMISSIONER FOR DEPOSIT IN THE STATE TREASURY. WHERE THE
FISCAL OFFICER IS A CITY COMPTROLLER OR OTHER ANALOGOUS OFFICER, THE
PENALTY SHALL BE PAID TO SAID OFFICER FOR DEPOSIT IN THE CITY TREASURY.
§ 9. Section 239 of the labor law, as added by chapter 777 of the laws
of 1971, subdivisions 1, 2 and 3 as amended by chapter 770 of the laws
of 1986, is amended to read as follows:
§ 239. Provisions in contracts prohibiting discrimination on account
of race, creed, color, national origin, age or sex. [Every] COVERED
DEVELOPERS AND COVERED LESSEES OR LESSORS SHALL COMPLY WITH THE FOLLOW-
ING PROVISIONS AND EVERY contract for service work shall contain
provisions by which the contractor agrees:
(1) that in the hiring of employees for the performance of work under
the contract or any subcontract thereunder within the territorial limits
of this state, no contractor, subcontractor, nor any person acting on
behalf of such contractor or subcontractor, shall by reason of race,
creed, color, national origin, age, sex or disability, discriminate
against any citizen of the state of New York who is qualified and avail-
able to perform the work to which the employment relates;
(2) that no contractor, subcontractor, nor any person on his behalf
shall, in any manner, discriminate against or intimidate any employee
hired for the performance of work under the contract on account of race,
creed, color, national origin, age, sex or disability;
(3) that there may be deducted from the amount payable to the contrac-
tor by the public agency under the contract a penalty of fifty dollars
for each person for each day during which such person was discriminated
against or intimidated in violation of the provisions of the contract;
(4) that the contract, COVERED LEASE, OR GRANT OF FINANCIAL ASSISTANCE
may be cancelled or terminated by the public agency, and all moneys due
or to become due thereunder may be forfeited for a second or any subse-
S. 1506--B 163
quent violation of the terms or conditions of this section of the
contract.
§ 10. Section 239-a of the labor law, as added by chapter 777 of the
laws of 1971, is amended to read as follows:
§ 239-a. Enforcement of article. If the fiscal officer, as defined
herein, finds that any COVERED DEVELOPER, COVERED LESSEE OR LESSOR, OR
contractor on service work fails to comply with or evades the provisions
of this article, he shall present evidence of such noncompliance or
evasion to the public agency having charge of such work, OR WHO HAS
ENTERED INTO A COVERED LEASE OR PROVIDED FINANCIAL ASSISTANCE FOR THE
COVERED DEVELOPMENT PROJECT for enforcement. Where such evidence indi-
cates a noncompliance or evasion on the part of a subcontractor OR
COVERED EMPLOYER, the contractor OR COVERED DEVELOPER, OR COVERED LESSEE
OR LESSORS, shall be responsible for such noncompliance or evasion. It
shall be the duty of the public agency in charge of such service work,
OR WHO HAS ENTERED INTO A COVERED LEASE OR PROVIDED FINANCIAL ASSISTANCE
FOR THE COVERED DEVELOPMENT PROJECT to enforce the provisions of this
article.
§ 11. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.